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# Rogers v. Quan

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United States Supreme Court
357 U.S. 193
Rogers v. Quan
Argued: May 20, 1958. --- Decided: June 16, 1958
Mr. Leonard B. Sand, Washington, D.C., for the petitioner.
Mr. David Carliner, Washington, D.C., for the respondents.
Mr. Justice CLARK delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Revelations of St. Bridget/Chapter 6. The Visitation

CHAPTER VI.
THE VISITATION.
When the angel announced to me that I should bear a Son, as soon as I consented, I felt something amazing and inexplicable in me, so that greatly wondering, I at once went up to my cousin Elizabeth to console her in ​her pregnancy and confer with her on what the angel had announced to me. And when she met me at the well, and we enjoyed each other’s embrace and kiss, the infant in her womb, by a wonderful and visible motion, rejoiced. And I likewise was then moved in my heart by unwonted exultation, so that my tongue spoke unpremeditated words of God, and my soul could scarce contain itself for joy. And when Elizabeth wondered at the fervor of spirit that spoke in me, and I not otherwise wondered at the grace of God in her, we remained together many days blessing God. And after this a certain thought began to impress my mind, how and how devoutly I should act after so great a favor bestowed on me. What should I reply, if asked how I conceived, or who was the father of the Son I was to bear; or lest perchance Joseph, instigated by the enemy, should suspect me of evil. While thinking of these things, an angel, not unlike the one whom I had seen before, stood by me, saying: “ Our God, who is eternal, is with thee and in thee. Fear not then, he will give thee to speak, he will direct thy steps and abode. He will perfect his work with thee powerfully and wisely.” But Joseph, to whom I had been confided, when he perceived ​me to be pregnant, wondering and thinking himself unworthy to dwell with me, was troubled, not knowing what to do, till the angel told him in sleep: ‘‘Depart not from the virgin confided to thee, for it is most true as thou hast heard from her; for she has conceived of the Spirit of God, and shall bear a Son, the Saviour of the world. Therefore, serve her faithfully, and be thou the guardian and witness of her purity.” Then from that day Joseph served me as his lady, and I humbled myself to his lowest labor. After this I was constantly in prayer, rarely wishing to see or be seen, and most rarely going forth, unless to the appointed feasts; and I was assiduous in the watches and readings given by our priests. I had a fixed time for manual labor, and I was discreet in fasting as much as my constitution could bear in God’s service. Whatever we had over our daily sustenance we gave to the poor, content with what we had. Joseph so served me, that no scurrilous, murmuring, or angry word was heard from him, for he was most patient in poverty, solicitous in labor when it was necessary, most mild to those who reproached, most obedient in my service, a most prompt defender against those who gainsayed my virginity, a most ​faithful witness of the wonders of God. For he was so dead to the world and the flesh that he never desired aught but heavenly things. And so confident was he in God’s promises, that he would constantly exclaim: Would that I could live to see God’s will fulfilled. Most rarely did he go to gatherings of men and their councils, because his whole desire was to obey the will of God, and therefore is his glory now so great. — Lib. vi., c. 59.
# Revelations of St. Bridget/Chapter 4. Birth of the Blessed Virgin

CHAPTER IV.
BIRTH OF THE BLESSED VIRGIN.
When I was born, it was not unknown to the demons, but speaking by a certain similitude, they thus thought: "So a certain virgin is born, what shall we do? For it is evident that something wonderful is to take place in her. If we throw around her all the nets of our malice, she will burst them like tow. If we examine all her heart, it is defended by a strong garrison. There is no spot in her for a spear to touch. Therefore, we may fear lest her purity be our torture. Her grace will crush all our strength; her constancy prostrate us beneath her feet.” But the friends of God, who were in long expectation, said by divine inspiration: “ Why grieve we more? We should rather rejoice, for the light is born that is to dispel our darkness, and our desire shall be accomplished.” And the angels of God rejoiced, although their joy was always in the vision of God, saying: “ Something desirable is born on earth, and especially beloved by God, whereby true peace will be restored to heaven and earth, ​and our losses shall be made up.” Indeed, daughter, I assure thee, that my birth was the opening of true joy; for then came forth the rod from which that flower proceeded, whom kings and prophets desired. And when I had attained an age to know something of my Creator, then I turned to him with unspeakable love, and desired him with my whole heart. I was also preserved by wonderful grace, so that not even in my tender years did I consent to sin, because the love of God and my parents’ care, good education, the preservation of good, and fervor of knowing God preserved with me. — Lib. vi., c. 56.
I am she, who from eternity have been in the love of God, and from my infancy the Holy Ghost was perfectly with me. And you may take an example from a nut, which, when it grows exteriorly, increases in the interior, so that the shell is always full, and there is no space to receive aught else. So I, from my childhood, was full of the Holy Ghost, and according to the increase of my body and age, the Holy Ghost filled me so copiously as to leave no room for the entrance of any sin. Hence I never committed a mortal or venial sin, for I was so ardent in the love of God, that nothing was pleasing to me except the ​perfect will of God; for the fire of divine love was enkindled in my soul, and God, blessed above all who created me by his power, and filled me with the virtue of the Holy Ghost, had an ardent love for me. — Lib. iii., c. 8.
# Revelations of St. Bridget/Chapter 3. The Immaculate Conception

CHAPTER III.
THE IMMACULATE CONCEPTION.
The Blessed Virgin speaks.
And it is a truth that I was conceived without original sin, and not in sin; because, as my Son and I never sinned, so no marriage was more holy than that from which I was born. — Lib. vi., c. 49.
A golden hour was my conception, for then began the principle of the salvation of all, and darkness hastened to light. God wished to do in his work something singular and hidden from the world, as he did in the dry rod blooming. But know that my conception was not known to all, because God wished that as the natural law and the voluntary election of good and bad preceded the written law, and the written law followed, restraining all inordinate notions, so it pleased God, that his Mends should piously doubt of my conception, and that each should show his zeal till the truth became clear in its preordained time. — Lib. vi., c. 55.
# Revelations of St. Bridget/Chapter 20. The Burial of our Lord

CHAPTER XX.
THE BURIAL OF OUR LORD.
Daughter, thou shouldst think of five things: First, that all my Son’s limbs were stiff and cold in death, and the blood which flowed from his wounds during his Passion, adhered coagulated on all his members. Second, that he was so bitterly and unmercifully afflicted in heart, that it did not cease to pain till the lance reached his side, and his heart divided clung to the spear. Third, think how he was taken down from the cross. The two men who took him down from the cross, set up three ladders; one reaching to his feet, another to his armpits and arms, the third to ​the middle of his body. The first ascended and held him by the body; the second, mounting another ladder drew out first one of the nails from one hand; then changing the ladder he took out the nail from the other. These nails extended far beyond the wood of the cross. Then he who bore the weight of the body, descending gradually and moderately as he could, the other got up the ladder reaching to the feet, and drew the nails from the feet. And when he approached the ground, one of them held the body by the head, and the other by the feet, but I, being his mother, held him by the middle. And so we three bore him to a rock which I had covered with a clean linen sheet, in which we wrapped the body, but I did not sew the winding-sheet. For I knew Tor certain that he would not decay in the tomb. Afterwards, Mary Magdalen and the other holy women came, and many holy angels, like specks in the sunbeam were present, paying reverence to their creator. What grief I then felt, no one can tell. For I was like a woman in childbirth, all whose limbs after delivery are tremulous, who, though she can scarcely breathe for pain, yet rejoices inwardly as much as she can, because she knows that her child is born never to return ​to the misery from which he came. So, though I was incomparably sad for the death of my Son, yet as my Son was to die no more, but live forever, I rejoiced in soul, and so a certain gladness was mingled with my grief. I can truly say that when my Son was buried, there were in a manner two hearts in one tomb. Is it not said: “ Where thy treasure is, there is thy heart ?” So my thoughts and my heart were ever in the sepulchre of my Son. — Lib. ii., c. 21.
# 1911 Encyclopædia Britannica/Malan, Solomon Caesar

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​MALAN, SOLOMON CAESAR (1812–1894), British divine and orientalist, was by birth a Swiss descended from an exiled French family, and was born at Geneva on the 22nd of April 1812, where his father, Dr Henry Abraham Caesar Malan (1787–1864) enjoyed a great reputation as a Protestant divine. From his earliest youth he manifested a remarkable faculty for the study of languages, and when he came to Scotland as tutor in the marquis of Tweeddale’s family at the age of 18 he had already made progress in Sanskrit, Arabic and Hebrew. In 1833 he matriculated at St Edmund Hall, Oxford; and English being almost an unknown tongue to him, he petitioned the examiners to allow him to do his paper work of the examination in French, German, Spanish, Italian, Latin or Greek, rather than in English. But his request was not granted. After gaining the Boden and the Pusey and Ellerton scholarships, he graduated 2nd class in Lit. hum. in 1837. He then proceeded to India as classical lecturer at Bishop’s College, Calcutta, to which post he added the duties of secretary to the Bengal branch of the Royal Asiatic Society; and although compelled by illness to return in 1840, laid the foundation of a knowledge of Tibetan and Chinese. After serving various curacies, he was presented in 1845 to the living of Broadwindsor, Dorset, which he held until 1886. During this entire period he continued to augment his linguistic knowledge, which he carried so far as to be able to preach in that most difficult language, Georgian, on a visit which he paid to Nineveh in 1872. His translations from the Armenian, Georgian and Coptic were numerous. He applied his Chinese learning to the determination of important points connected with Chinese religion, and published a vast number of parallel passages illustrative of the Book of Proverbs. In 1880 the university of Edinburgh conferred upon him the honorary degree of D.D. No modern scholar, perhaps, has so nearly approached the linguistic omniscience of Mezzofanti; but, like Mezzofanti, Dr Malan was more of a linguist than a critic. He made himself conspicuous by the vehemence of his opposition to Westcott and Hort’s text of the New Testament, and to the transliteration of Oriental languages, on neither of which points did he in general obtain the suffrages of scholars. His extensive and valuable library, some special collections excepted, was presented by him in his lifetime to the Indian Institute at Oxford. He died at Bournemouth on the 25th of November 1894. His life has been written by his son.
# 1911 Encyclopædia Britannica/Malchin

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​MALCHIN, a town of Germany, in the grand-duchy of Mecklenburg-Schwerin, on the river Peene, between lakes Malchin and Kummerow, 28 m. by rail N.W. of Neu-Brandenburg. Pop. (1900), 7449. It is, alternately with Sternberg, the place of assembly of the Diet of Mecklenburg. Here are the châteaux of Remplin, Basedow and Schlitz; a church dating from the 14th century, and a fine town-hall. The well-wooded and undulating country, environing the shores of Lake Malchin, is known as the “Mecklenburg Switzerland,” and is increasing in favour as a summer resort. A canal unites Lake Kummerow with the Peene. The industries of the town include the manufacture of sugar and bricks, and brewing and malting. Malchin became a town in 1236.
# 1911 Encyclopædia Britannica/Malayalam

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​MALAYALAM, a language of the Dravidian family, spoken on the west coast of southern India. It is believed to have developed out of Tamil as recently as the 9th century. It possesses a large literature, in which words borrowed from Sanskrit are conspicuous. In 1901 the total number of speakers of Malayalam in all India was just about six millions.
# 1911 Encyclopædia Britannica/Olmsted, Denison

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​OLMSTED, DENISON (1791–1859), American man of science, was born at East Hartford, Connecticut, U.S.A., on the 18th of June 1791, and in 1813 graduated at Yale, where he acted as college tutor from 1815 to 1817. In the latter year he was appointed to the chair of chemistry, mineralogy and geology in the university of North Carolina. This chair he exchanged for that of mathematics and physics at Yale in 1825; in 1836, when this professorship was divided, he retained that of astronomy and natural philosophy. He died at New Haven, Connecticut, on the 13th of May 1859.
His first publication (1824–1825) was the Report of his geological survey of the state of North Carolina. It was followed by various text-books on natural philosophy and astronomy, but he is chiefly known to the scientific world for his observations on hail (1830), on meteors and on the aurora borealis (see Smithsonian Contributions, vol. viii.).
# 1911 Encyclopædia Britannica/Olney, Richard

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​OLNEY, RICHARD (1835–), American statesman, was born at Oxford, Massachusetts, on the 15th of September 1835. He graduated from Brown University in 1856, and from the Law School of Harvard University in 1858. In 1859 he began the practice of law at Boston, Massachusetts, and attained a high position at the bar. He served in the state house of representatives in 1874, and in March 1893 became attorney-general of the United States in the cabinet of President Cleveland. In this position, during the strike of the railway employés in Chicago in 1894, he instructed the district attorneys to secure from the Federal Courts writs of injunction restraining the strikers from acts of violence, and thus set a precedent for “government by injunction.” He also advised the use of Federal troops to quell the disturbances in the city, on the ground that the government must prevent interference with its mails and with the general railway transportation between the states. Upon the death of Secretary W. Q. Gresham (1832–1895), Olney succeeded him as secretary of state on the 10th of June 1895. He became specially prominent in the controversy with Great Britain concerning the boundary dispute between the British and Venezuelan governments (see Venezuela), and in his correspondence with Lord Salisbury gave an extended interpretation to the Monroe Doctrine which went considerably beyond previous statements on the subject. In 1897, at the expiration of President Cleveland’s term, he returned to the practice of the law.
# 1911 Encyclopædia Britannica/Olney (U.S.A.)

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​OLNEY, a city and the county-seat of Richland county, Illinois, U.S.A., about 30 m. W. of Vincennes, Indiana. Pop. (1890) 3831; (1900) 4260 (235 foreign-born); (1910) 5011. Olney is served by the Baltimore & Ohio South-western, the Illinois Central, and the Cincinnati, Hamilton & Dayton railways, and is a terminus of the Ohio River Division of the last. It has a Carnegie library and a city park of 55 acres. Olney is an important shipping point for the agricultural products of this district; oil is found in the vicinity; and the city has various manufactures. The municipality owns its water-works. Olney was settled about 1842 and was first chartered as a city in 1867.
# 1911 Encyclopædia Britannica/Olivetans

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​OLIVETANS, one of the lesser monastic orders following the Benedictine Rule, founded by St Bernard Tolomei, a Sienese nobleman. At the age of forty, when the leading man in Siena, he retired along with two companions to live a hermit’s life at Accona, a desert place fifteen miles to the south of Siena, 1313. Soon others joined them, and in 1324 John XXII. approved of the formation of an order. The Benedictine Rule was taken as the basis of the life; but austerities were introduced beyond what St Benedict prescribed, and the government was framed on the mendicant, not the monastic, model, the superiors being appointed only for a short term of years. The habit is white. Partly from the olive trees that abound there, and partly out of devotion to the Passion, Accona was christened Monte Oliveto, whence the order received its name. By the end of the 14th century there were upwards of a hundred monasteries, chiefly in Italy; and in the 18th there still were eighty, one of the most famous being San Miniato at Florence. The monastery of Monte Oliveto Maggiore is an extensive building of considerable artistic interest, enhanced by frescoes of Signorelli and Sodoma; it is now a national monument occupied by two or three monks as custodians, though it could accommodate three hundred. The Olivetans have a house in Rome and a few others, including one founded in Austria in 1899. There are about 125 monks in all, 54 being priests. In America are some convents of Olivetan nuns.
See Helyot, Hist. des ordres réligieux (1718), vi. c. 24; Max Heimbucher, Orden u. Kongregationen (1907), i. § 30; Wetzer u. Welte, Kirchenlexicon (ed. 2); J. A. Symonds, Sketches and Studies in Italy (1898), “Monte Oliveto”; B. M. Maréchaux, Vie de bienheureux Bernard Tolomei (1888).  (E. C. B.)
# 1911 Encyclopædia Britannica/Olivier, Juste Daniel

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​OLIVIER, JUSTE DANIEL (1807–1876), Swiss poet, was born near Nyon in the canton of Vaud; he was brought up as a peasant, but studied at the college of Nyon, and later at the academy of Lausanne. Though originally intended for the ministry, his poetic genius (foreshadowed by the prizes he obtained in 1825 and 1828 for poems on Marcos Botzaris and Julia Alpinula respectively) inclined him towards literary studies. He was named professor of literature at Neuchâtel (1830), but before taking up the duties of his post made a visit to Paris, where he completed his education and became associated with Ste Beuve, especially from 1837 onwards. He professed history at Lausanne from 1833 to 1846, when he lost his chair in consequence of the religious troubles. He then went to Paris, ​where he remained till 1870, earning his bread by various means, but being nearly forgotten in his native land, to which he remained tenderly attached. From 1845 till 1860 (when the magazine was merged in the Bibliothèque universelle) Olivier and his wife wrote in the Revue suisse the Paris letter, which had been started by Ste Beuve in 1843, when Olivier became the owner of the periodical. After the war of 1870 he settled down in Switzerland, spending his summers at his beloved Gryon, and died at Geneva on the 7th of January 1876. Besides some novels, a semi-poetical work on the Canton of Vaud (2 vols., 1837–1841), and a volume of historical essays entitled Études d’histoire nationale (1842), he published several volumes of poems, Deux Voix (1835), Chansons lointaines (1847) and its continuation Chansons du soir (1867), and Sentiers de montagne (Gryon, 1875). His younger brother, Urbain (1810–1888), was well known from 1856 onwards as the author of numerous popular tales of rural life in the Canton of Vaud, especially of the region near Nyon.
Life by Rambert (1877), republished in his Écrivains de la Suisse romande (1889), and also prefixed to his edition of Olivier’s Œuvres choisies (Lausanne, 1879). (W. A. B. C.)
# 1911 Encyclopædia Britannica/Olmütz

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​OLMÜTZ (Czech, Olomouc or Holomauc), a town of Austria, in Moravia, 67 m. N.E. of Brünn by rail. Pop. (1900) 21,933, of which two-thirds are Germans. It is situated on the March, and is the ecclesiastical metropolis of Moravia. Until 1886 Olmütz was one of the strongest fortresses of Austria, but the fortifications have been removed, and their place is occupied by a town park, gardens and promenades. Like most Slavonic towns, it contains several large squares, the chief of which is adorned with a trinity column, 115 ft. high, erected in 1740. The most prominent church is the cathedral, a Gothic building of the 14th century, restored in 1883–1886, with a tower 328 ft. high and the biggest church-bell in Moravia. It contains the tomb of King Wenceslaus III., who was murdered here in 1306. The Mauritius church, a fine Gothic building of the 15th century, and the St Michael church are also worth mentioning. The principal secular building is the town-hall, completed in the 15th century, flanked on one side by a Gothic chapel, transformed now into a museum. It possesses a tower 250 ft. high, adorned with an astronomical clock, an artistic and famous work, executed by Anton Pohl in 1422. The old university, founded in 1570 and suppressed in 1858, is now represented by a theological seminary, which contains a very valuable library and an important collection of manuscripts and early prints. Olmütz is an important railway junction, and is the emporium of a busy mining and industrial district. Its industries include brewing and distilling and the manufacture of malt, sugar and starch.
Olmütz is said to occupy the site of a Roman fort founded in the imperial period, the original name of which, Mons Julii, has been gradually corrupted to the present form. At a later period Olmütz was long the capital of the Slavonic kingdom of Moravia, but it ceded that position to Brünn in 1640. The Mongols were defeated here in 1241 by Yaroslav von Sternberg. During the Thirty Years’ War it was occupied by the Swedes for eight years. The town was originally fortified by Maria Theresa during the wars with Frederick the Great, who besieged the town unsuccessfully for seven weeks in 1758. In 1848 Olmütz was the scene of the emperor Ferdinand’s abdication, and in 1850 an important conference took place here between Austrian and German statesmen. The bishopric of Olmütz was founded in 1073, and raised to the rank of an archbishopric in 1777. The bishops were created princes of the empire in 1588. The archbishop is the only one in the Austrian empire who is elected by the cathedral chapter.
See W. Müller, Geschichte der königlichen Hauptstadt Olmütz (2nd ed., Olmütz, 1895).