OpenLLM-France/wikimedia huggingface dataset:
# Flood v. Kuhn

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## Concurring Opinion

    Burger

## Dissenting Opinions

    Douglas
    Marshall
Supreme Court of the United States
407 U.S. 258
Flood v. Kuhn et al.
Certiorari to the United States Court of Appeals for the Second Circuit
No. 71-32. Argued: March 20, 1972 --- Decided: June 19, 1972
Petitioner, a professional baseball player "traded" to another club without his previous knowledge or consent, brought this antitrust suit after being refused the right to make his own contract with another major league team, which is not permitted under the reserve system. The District Court rendered judgment in favor of respondents, and the Court of Appeals affirmed.
Held: The longstanding exemption of professional baseball from the antitrust laws, Federal Baseball Club v. National League, 259 U.S. 200 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), is an established aberration, in the light of the Court's holding that other interstate professional sports are not similarly exempt, but one in which Congress has acquiesced, and that is entitled to the benefit of stare decisis. Removal of the resultant inconsistency at this late date is a matter for legislative, not judicial, resolution. Pp. 269-285.
443 F. 2d 264, affirmed.
BLACKMUN, J., delivered the opinion of the Court, in which STEWART and REHNQUIST, JJ., joined,, and in all but Part I of which BURGER, C.J., and WHITE, J., joined. BURGER, C.J., filed a concurring opinion, post, p. 285. DOUGLAS, J., post, p. 286, and MARSHALL, J., post, p. 288, filed dissenting opinions, in which BRENNAN, J., joined. POWELL, J., took no part in the consideration or decision of the case.
Arthur J. Goldberg argued the cause for petitioner. With him on the briefs was Jay H. Topkis.
Paul A. Porter argued the cause for respondent Kuhn. Louis F. Hoynes, Jr., argued the cause for respondents Feeney, President of National League of Professional Baseball Clubs, et al. With them on the brief were Mark F. Hughes, Alexander H. Hadden, James P. Garner, Warren Daane, and Jerome I. Chapman.
# Flood v. Kuhn/Concurrence Burger

* Court Documents
* Case Syllabus
* Opinion of the Court
* Concurring Opinion Burger
* Dissenting Opinions Douglas Marshall
[p285] MR. CHIEF JUSTICE BURGER, concurring.
I concur in all but Part I of the Court's opinion but, like MR. JUSTICE DOUGLAS, I have grave reservations [p286] as to the correctness of Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953); as he notes in his dissent, he joined that holding but has "lived to regret it." The error, if such it be, is one on which the affairs of a great many people have rested for a long time. Courts are not the forum in which this tangled web ought to be unsnarled. I agree with MR. JUSTICE DOUGLAS that congressional inaction is not a solid base, but the least undesirable course now is to let the matter rest with Congress; it is time the Congress acted to solve this problem.
# Floor Games

H.G. Wells had so much fun playing with his children on the floor of their playroom, he decided to write a jovial little book to inspire other parents in their pursuit of quality time with the kids. While the raw materials available from hobby stores of his day were woefully short of the variety and quality of what can be bought easily now, he and his sons created their own worlds to rule. This short work describes two games of imagination played out upon the floor of his home - an archipelago of islands, and a thoroughly integrated city, conveniently organized with two mayoral positions for his sons "G.P.W." and "F.R.W." While the toy people appearing in their worlds were often of martial nature, Wells decided to leave description of military games to a later book: Little Wars.

## Contents

* The Toys To Have
* The Game Of The Wonderful Islands
* Of The Building Of Cities
* Funiculars, Marble Towers, Castles And War Games, But Very LIttle Of War Games
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1946, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 77 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
Public domainPublic domainfalsefalse
# Fugitive Poetry. 1600–1878/Thou art Gane Awa'

Thou Art Gane Awa'.
Thou art gane awa', thou are gane awa', Thou art gane awa' frae me, Mary! Nor friends nor I could make thee stay— Thou hast cheated them and me, Mary! Until this hour I never thought That aught could alter thee, Mary; Thou'rt still the mistress of my heart, Think what you will of me, Mary.
Whate'er he said or might pretend, That stole the heart of thine, Mary, True love, I'm sure, was ne'er his end, Or nae sic love as mine, Mary. I spoke sincere, nor flattered much: Had no unworthy thoughts, Mary; Ambition, wealth, nor naething such: No, I loved only thee, Mary.
Though you've been false, yet while I live, I'll lo'e nae maid but thee, Mary; Let friends forget, as I forgive, Thy wrongs to them and me, Mary; So then, farewell! of this be sure, Since you've been false to me, Mary; For all the world I'd not endure Half what I've done for thee, Mary.
# Fugitive Poetry. 1600–1878/To a Bad Fiddler

To a Bad Fiddler.
Old Orpheus played so well he moved Old Nick, But thou moved nothing but thy fiddlestick.
You beat your brow and fancy wit will come; Knock as you please, there's nobody at home.
# Fugitive Poetry. 1600–1878/To a Pretended Friend and Real Enemy

To a Pretended Friend and Real Enemy.
Thy hesitating tongue and doubtful face, Show all thy kindness to be mere grimace. Throw off the mask; at once be foe or friend; 'Tis base to soothe when malice is the end. The rock that's seen gives the poor sailor dread, But double terror that which hides its head.
# Fugitive Poetry. 1600–1878/The Rose

The Rose.
As the rose of the valley, when dripping with dew, Is the sweetest in odour, and brightest in hue: So the glance of dear woman most lovely appears, When it beams from her eloquent eye through her tears.
# Fugitive Poetry. 1600–1878/There's Nothing Lost

There's Nothing Lost.
There's nothing lost. The tiniest flower That grows within the darkest vale, Though lost to view, has still the power The rarest perfume to exhale; That perfume, borne on Zephyr's wings May visit some lone sick one's bed, And like the balm affection brings, 'Twill scatter gladness round her head.
There's nothing lost. The drop of dew That trembles in the rosebud's breast, Will seek its home in ether blue, And fall again as pure and blest— Perchance to revel in the spray, Or moisten the dry, parching sod, Or mingle in the fountain spray, Or sparkle in the bow of God.
There's nothing lost. The seed that's cast By careless hands upon the ground, Will yet take root, and may at last A green and glorious tree be found; Beneath its shade, some pilgrim may Seek shelter from the heat of noon, While in its boughs the breezes play, And songbirds sing their sweetest tune.
There's nothing lost. The slightest tone Or whisper from a loved one's voice, May melt a heart of hardest stone, And make the saddened heart rejoice. And then, again, the careless word Our thoughtless lips too often speak, May touch a heart already stirred, And cause that troubled heart to break.
There's nothing lost. The faintest strain Of breathings from some dear one's lute, In memory's dream may come again, Though every mournful string be mute. The music of some happier hour— The harp that swells with love's own words, May thrill the soul with deepest power When still the hand that swept its chords.
# Fugitive Poetry. 1600–1878/To a Young Gentleman

To a Young Gentleman.
Nature has done her part:—do thou but thine; Learning and sense let decency refine. For vain applause transgress not Virtue's rules: A witty sinner is the worst of fools.
# Fugitive Poetry. 1600–1878/The World

The World.
The world's a book, writ by the eternal art Of the great Author; printed in man's heart; 'Tis falsely printed, though divinely penned; And all the errata will appear at the end.
# Fugitive Poetry. 1600–1878/To the Ocean

To the Ocean.
How oft enchanted have I stood, Gazing on forest, field, and flood; Or in the busy breathing vale, With hamlet gemmed and turret pale; Ne'er dreaming (till another hour) That more of beauty, more of power, Than earth, in stream, vale, wood, or tower, Could boast her own, existed still In one broad scene of vision, till That moment when I mutely bent O'er thee, imperial Element!
I saw them, and in shade or sun, Thy armies of dark waves roll on; In fierceness and in strength they bore Their plumèd heads—till on the shore Each thundered, and was known no more. But still where'er the glancing eye Spans the wide sweep of shore and sky, Yet other hosts are gathering near, Yet other hills of foam appear; And onward o'er the deep they roar, To seek their brethren on the shore— Like them to thunder, and be seen no more!
Yet once I saw thee in a mood So gentle, smiling, and subdued, That scarcely might a streamlet lie More calm beneath a summer's sky; The winds were sleeping on thy breast, Thy distant billows were at rest; And every breaker (fierce no more), Just sparkled, and then kissed the shore; While heaven's arched brow was azure bright, And all its watchers shone that night; And where thy waters seemed to swell, A meek and trembling radiance fell, For like a virgin-spirit stood The crescent moon above thy flood. And snowing clouds around her stole, Like dreams upon a youthful soul!
Who then that saw thee, giant king! So silent and so slumbering, Had dreamt that once thy waters ran, O'erwhelming every haunt of man; That sun and star long rose and set Alone on thy dark waters, yet And but for one small sacred ark Had found no living thing to mark This world, as from her sister earth Called into being ere their birth!
'Tis past! Thy billowy pride no more May sweep beyond the girdling shore! 'Tis past! Thy mountain waves still rage, But at thy Maker's word assuage; And meek and trembling as a child, At His command art thou, the wonderful, the wild!
# Fugitive Poetry. 1600–1878/The Weeping Widow

The Weeping Widow.
Lady Bel, who in public bewails her dead spouse,. While in private her thoughts on another are turning, Reminds us of lighting a fire with green boughs, Which weep at one end while the other is burning.
# Fables of Æsop and Other Eminent Mythologists/Fable CXCIX

Fab. CXCIX.
A Shepherd and his Sheep.
IN Old time when Sheep fed like Hogs upon Acorns, a Shepherd drove his Flock into a Little Oak-Wood, spread his Coat under a Tree, and up he went to shake 'em down some Mast. The Sheep were so Keen upon the Acorns, that they Gobbled up now and then a Piece of the Coat along with ’em. When the Shepherd took Notice of it: What a Company of Ungrateful Wretches are you, says he, that Cloath all Other People that have No Relation to you, and yet Strip Your Master, that gives ye both Food and Protection!
The MORAL.
REFLEXION.
'TIS a Freak mightily in Fashion among some People to Affect a Singularity in their Lives and Manners, and to Live in a Direct Opposition to the Ordinary Rules of Prudence and Good Nature, As in returning Evil for Good for the Purpose; Nay, and in some Cases, Good for Evil too; where ’tis done more to be seen of Men then for God fake, and where the Vanity of Doing it Destroys the Merit of the Vertue. The Fable will also bear This Moral, That Eager Appetites have not a Right Taft of Things; for the Coat goes down as well as the Acorns: But the main Stress of it falls upon Those that Rob Peter, as we say, to Pay Paul, and take the Bread out of their Masters Mouths to give it to Strangers. And the Kindness of the Master is yet a Further Aggravation of the Crime. We have abundance of Cases in Practice, as well as in Story, that strike upon This Topique. Have we never read of a Sacrilegious Convocation of Divines, that at the same Time that they liv’d upon the Altar, Betray’d it; and while they Robb’d God himself of his Due, Divided the Spoils of the Church among the Rabble. Have we never heard of Men that Gobbled the Privileges and Revenues of the Crown, and then Squander’d them away in Donatives upon the Common People? Or, What shall we say of the Scofling Atheist, that turns all the Powers and Faculties of his Soul, as much as in him lies, to the Reproach of his Maker, and yet at the same time too as Pleasant Company to the World as the Wit of a Libertine can make him. What is all This now but a Sheep Stripping his Master, and Cloathing Strangers.
# Fables of Æsop and Other Eminent Mythologists/Fable CXCVII

Fab. CXCVII.
A Pigeon and a Crow.
A Pigeon that was brought up in a Dove-House, was Bragging to a Crow how Fruitful she was. Never Value Your self says the Crow upon That Vanity; for the More Children, the more Sorrow.
The MORAL.
REFLEXION.
# Fables of Æsop and Other Eminent Mythologists/Fable CVII

Fab. CVII.
An Eagle and a Man.
A Man took an Eagle, Pelted her Wings, and put her among his Hens. Somebody came and bought This Eagle, and presently New Feather'd her. She made a Flight at a Hare, Truss'd it, and brought it to her Benefactor. A Fox perceiving This, came and gave the Man a piece of Good Councell. Have a care, says Reynard, of putting too much Confidence in This Eagle; for she'll go neare, one time or other else, to take You for a Hare. Upon This Advice the Man Plum’d the Eagle once again.
The Moral.
REFLEXION.
Birds of Prey will be Birds of Prey still, at what rate soever you Treate 'em. So that there's no Trufting of them: For when they have no longer a Power to do Mischief, the Will yet Remains. Here’s a Forc’d Moral for a Forc'd Fable: For the Fancy of it is against Nature, and the Fiction does not consist with it self. Now to My Thinking This Application of it lyes the Fairer of the Two, i, e. That the Gratitude of the Eagle, in bringing the Hare to her Master, may serve to shew us, that the Wildest and Fiercest of Creatures may be Sweetn’d, and Reclaim’d by Benefits.
# Fables of Æsop and Other Eminent Mythologists/Fable CX

Fab. CX.
A Fisherman's Good Luck.
A Fisherman had been a Long while at work without Catching any thing, and so in Great Trouble and Despair, he refolvd to take up his Tackle, and be gone: But in That very Instant a Great Fish Leapt into the Boat, and by this Providence he made a Tolerable Day on’t.
The Moral.
REFLEXION.
That which We commonly call Good Fortune, is properly, Providence, and when Matters succeed Better with us by Accident, then we could pretend to, by Skill; We ought to Ascribe it to the Divine Goodness, as a Blessing upon Industry. It is Every man’s Duty to Labour in his Calling, and not to Despond, for any Miscarriages or Disappointments, that were not in his own Power to Prevent. Faith, Hope, and Patience Overcome All things, and Virtue can never faile of a Reward in the Conclusion. What was it but This Constancy and Resignation, that Kept the Hearts of the Poor Cavaliers from Breaking, in the Tedious Interval of that Bloudy Revolution from Forty to Sixty; ‘till at last, the Banish’d, and the Persecuted Son of a Royal Martyr, was in Gods Good time brought back again, and Placed upon the Throne of his Ancestors, which Crown’d the Sufferings of All his Loyal Subjects, The Fisherman’s Waiting in his Calling, bids us Persevere in our Duties, and the Lucky Hit he had in the Conclusion, tells us that Honest Endeavors will not faile of a Reward.
# Fables of Æsop and Other Eminent Mythologists/Fable CXCII

Fab. CXCII.
An Ass and the Frogs.
AN Ass Sunk down into a Bog among a Shoale of Frogs, with a Burden of Wood upon his Back, and there he lay, Sighing and Groaning, as his Heart would Break: Hark ye Friend (says one of the Frogs to him) if you make such a Bus'ness of Lying in a Quagmire, when you are but just fall’n into’t, what would you do I Wonder, if You had been here as long as we have been?
The MORAL.
REFLEXION.
NATURE has Assign’d Every Creature it’s Proper Place and Station; and an Ass in a Bog is out of his Element, and out of his Province. The Fable it self has not Much in’t; but it may serve to Teach us in the Moral, that it is a High Point of Honour, and Christianity, to bear Misfortunes, with Resolution, and Constancy of Mind: And that Steadiness, is a Point of Prudence, as well as of Courage; for People are the Lighter, and the Easier for't. But it was an Ass, we see, that Complain'd, and (if a Body may play the Fool with him) he was but an Ass for Complaining: first, of what he could not Help; and 2ly, to be never the Better for't. 'Tis with a Man in Goal, much at the Rate as it was with this ass in the Bog. He's Sullen and out of Humour at his first coming In; the Pris’ners Gather about him,and there He tells 'em his Case Over and Over I warrant ye. Some make Sport with him; Others Pity him, and this is the Trade they drive for the First Four or Five Days perhaps; but so soon as the Qualm is over, the Man comes to himself again; makes merry with his Companions, and since he cannot be in his Own House, he reckons Himself as good as at Home in the very Prison. ‘Tis the same Thing with a Bird in a Cage; when she has Flutter’d her self a Weary, she sits down and Sings. This ’tis to be Wonted to a Things. And were it not a Scandal now, if Philosophy should not do as much with us as Custom, without leaving it to Necessity to do the Office of Vertue. It might be added to this Moral, that what's Natural to One may be Grievous to Another. The Frogs would have been as much at a Loss in the Stable, as the Ass was in the Bog.
# Fables of Æsop and Other Eminent Mythologists/Fable CXCVIII

Fab. CXCVII.
A Woman and her Two Daughters.
A Woman that had Two Daughters, Bury’d one of them, and Mourners were Provided to Attend the Funeral. The Surviving Daughter Wonder'd to see Strangers so Much concern’d at the Loss of her Sister, and her Nearest Relations so Little. Pray Mother, says she, What’s the Reason of This? Oh, says the Mother, We that are a-Kin to her, are never the Better for Crying, but the Strangers have Money for't.
The MORAL.
REFLEXION.
FUNERAL Tears are only Civilities of Course, but there must be Wringing of Hands yet, and Ejulations, some where or Other; and where the Relations are not in humour for't, ‘tis the Fashion to Provide Mercenaries to do the Office. The Moral of This will reach to All the Pompous Solemnities of our Mourning Processions, which upon the Whole, Amount to no more then Dress and Pageantry, to make the Show look Disinal, and so many Sowre Faces that are Hir'd to Adorn the Hipocrisie. This was the Widows Case, that Cry'd her self Half Mad and Blind with a Thousand Passionate Interjections, for the Loss of her Dear Husband. [Never so Dear, so Dear a Man!] This Woman, say (when she had done All This, and Renounc’d the World, the Flesh and the Devil, with as much Solemnity as ever she did in her Baptism) was at the Long-Last prevail'd upon to hear the Will read: But when the found in the Conclusion, that the Dear Man the so often call’d upon, had left her Nothing that he could keep from her, but her Wedding-Ring and her Apron-Strings, Up the started, Wip'd her Eyes, Rais'd her Voice, [And is This all with a Pox] she cry'd; and with Those Words in her Mouth, she came to her self again. Now This Widow, in the Pure Strength of Flesh and Blood; cry’d as Arrantly for Money as the Mercenaries in the Fable.
# Fables of Æsop and Other Eminent Mythologists/Fable CVIII

Fab. CVIII.
A Father and Sons.
A Countryman that liv'd Handsomly’in the World Himself upon his Honest Labour and Industry, was desirous his Sons should do so After Him; and being now upon his Death-Bed: [My Dear Children (says he) I reckon my self Bound to tell you before I depart, that there is a Considerable Treasure Hid in my Vineyard. Wherefore pray be sure to Dig, and search Narrowly for't when I am gone. The Father Dyes, and the Sons fall immediately to Work upon the Vineyard. They Turn'd it up over ​and over, and not one Penny of Mony to be found there; but the Profit of the Next Vintage Expounded the Riddle.
The Moral.
REFLEXION.
There's No Wealth like That which comes by the Blesling of God upon Honest Labour and Warrantable Industry. Here’s an Incitement to an Industrious Course of Life, by a Consideration of the Profit, the Innocence and the Virtue, of such an Application. There is one Great Comfort in Hand, beside the Hope and Assurance of more to come. The very Exercise procures us Health, and Consequently All the Pleasures and Satisfactions that Attend it. We have the Delight of Seeing and Reaping the Fruit of our own Labour, and the Inward Joy of Contemplating the Benedictions of Another World, that shall be superadded to the Advantages of This. Æsop very well understood, that Naked Lessons and Precepts, have Nothing the Force that Images and Parables have, upon our Minds and Affections: Beside, that the very Study to Unriddle a Mystery, furnishes the Memory with more Tokens to Remember it by. A Tale in Emblem finks Deeper, where the Life and Spirit of it is Insinuated by a kind of Biass and Surprize. It was a Touch of Art in the Father to Cover his Meaning in such a manner, as to Create a Curiosity, and an Earnest Desire in his Sons to find it out. And it was also a Treble Advantage to them besides; for there was, I say, Health in the Exercise, Profit in the Discovery, and the Comfort of a Good Conscience in Discharging the Duty of a Filial Obedience.
# Fables of Æsop and Other Eminent Mythologists/Fable CXCIII

Fab. CXCIII.
A Gall'd Ass and a Raven.
AS an Ass with a Gall’d Back was Feeding in a Meadow, a Raven Pitch’d upon him, and there Sate, Jobbing of the Sore. The Ass fell a Frisking and Braying upon’t; which set a Groom that saw it at a Distance, a Laughing at it. Well! (says a Wolfe that was Passing by) to see the Injustice of the World now! A Poor Wolfe in that Ravens Place, would have been Persecuted, and Hunted to Death presently; and ’tis made only a Laughing-Matter, for a Raven to do the Same Thing, that would have Cost a Wolfe his Life.
The MORAL.
One Man may better Steal a Horse, then Another Look over the Hedge.
REFLEXION.
THE Same Thing in One Person or Respect, is not always the Same Thing in Another? The Grooms Grinning at the Gambols of the Ass, tells us that there are Many Cases that may make People Laugh without Pleasing them, as when the Surprize, or Caprice of some Fantastical Accident happens to strike the Fancy: Nay a Body cannot forbear Laughing Sometimes, when he is yet Heartily Sorry for the Thing he Laughs at; which is, in Truth, but an Extravagant Motion, that never comes near the Heart: Wherefore the Wolfe was Out in his Philosophy, when he call'd it a Langhing-Matter; Besides, that he should have Distinguifh'd upon the Disproportion betwixt the Worrying of a Wolfe, and the Pecking of a Raven; That is to say, betwixt a Certain Death on the One Hand, and only a Vexatious Importunity on the Other. The Raven understood what sort of Spark he had to do withal, and the Silly Ass stood Preaching to Himself upon the Text of No Remedy but Patience.