OpenLLM-France/wikimedia huggingface dataset:
# Mitchum v. Foster
## Concurring Opinion

    Burger
Supreme Court of the United States
407 U.S. 225
Mitchum, DBA Book Mart v. Foster et al.
Appeal from the United States District Court for the Northern District of Florida
No. 70-27. Argued: December 13, 1971 --- Decided: June 19, 1972
Title 42 U.S.C. § 1983, which authorizes a suit in equity to redress the deprivation under color of state law "of any rights, privileges, or immunities secured by the Constitution...," is within that exception of the federal anti-injunction statute, 28 U.S.C. § 2283, that provides that a federal court may not enjoin state court proceedings "except as expressly authorized by Act of Congress." And in this § 1983 action, though the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding (cf. Younger v. Harris, 401 U.S. 37, and companion cases) are not questioned, the District Court is held to have erred in holding that the anti-injunction statute absolutely barred its enjoining a pending state court proceeding under any circumstances whatsoever. Pp. 228-243.
315 F. Supp. 1387, reversed and remanded.
STEWART, J., delivered the opinion of the Court, in which all members joined except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of the case. BURGER, C.J., filed a concurring opinion, in which WHITE and BLACKMUN, JJ., joined, post, p. 243.
Robert Eugene Smith argued the cause for appellant. With him on the brief was Paul Shimek, Jr.
Raymond L. Marky, Assistant Attorney General of Florida, argued the cause for appellees. With him on the brief were Robert L. Shevin, Attorney General, and George R. Georgieff, Assistant. Attorney General.
George F. Kugler, Jr., Attorney General of New Jersey, and Michael R. Perle and John DeCicco, Deputy Attorneys General, filed a brief for the State of New Jersey as amicus curiae.
# Mitchum v. Foster/Concurrence Burger

* Court Documents
* Case Syllabus
* Opinion of the Court
* Concurring Opinion Burger
[p243] MR. CHIEF JUSTICE BURGER, with whom MR. JUSTICE WHITE and MR. JUSTICE BLACKMUN join, concurring.
I concur in the opinion of the Court and add a few words to emphasize what the Court is and is not deciding today as I read the opinion. The Court holds [p244] only that 28 U.S.C. § 2283, which is an absolute bar to injunctions against state court proceedings in most suits, does not apply to a suit brought under 42 U.S.C. § 1983 seeking an injunction of state proceedings. But, as the Court's opinion has noted, it does nothing to "question or qualify in any way the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding." Ante, at 243. In the context of pending state criminal proceedings, we held in Younger v. Harris, 401 U.S. 37 (1971), that these principles allow a federal court properly to issue an injunction in only a narrow class of circumstances. We have not yet reached or decided exactly how great a restraint is imposed by these principles on a federal court asked to enjoin state civil proceedings. Therefore, on remand in this case, it seems to me the District Court, before reaching a decision on the merits of appellant's claim, should properly consider whether general notions of equity or principles of federalism, similar to those invoked in Younger prevent the issuance of an injunction against the state "nuisance abatement" proceedings in the circumstances of this case.
# Mitchell v. United States (88 U.S. 350)

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
88 U.S. 350
Mitchell v. United States
APPEAL from the Court of Claims. That court found the following facts:
At the beginning of the late rebellion, Mitchell, the claimant and appellant, lived in Louisville, Kentucky. He was engaged in business there. In July, 1861, and after the 17th of that month, he procured from the proper military authority of the United States in Kentucky a pass permitting him to go through the army lines into the insurrectionary territory. He thereupon went into the insurgent States and remained there until the latter part of the year 1864. He then returned to Louisville. While in the Confederate States he transacted business, collected debts, and purchased from different parties 724 bales of cotton. He took possession of the cotton and stored it in Savannah. Upon the capture of that place by General Sherman the cotton was seized by the military authorities. It was subsequently sold by the agents of the government. The proceeds, amounting to the sum of $128,692.22, were now in the treasury. Mitchell bought the cotton in November and December, 1864. He remained within the insurrectionary lines from July, 1861, until after the capture of Savannah by the arms of the United States.
The Court of Claims was equally divided in opinion as to whether the claim of Mitchell could be sustained, and accordingly dismissed his petition. Mitchell then removed the case to this court by appeal, assigning for error that on the facts found the Court of Claims should not have dismissed the petition, but should have decided that he acquired a valid title to the cotton.
Mr. J. B. Harlan, for the appellant; Mr. G. H. Williams, Attorney-General, and Mr. John Goforth, Assistant Attorney-General, contra.
Mr. Justice SWAYNE, having stated the case, delivered the opinion of the court, as follows:

## 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
# Mitchell v. United States (96 U.S. 162)

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* sister projects: Wikidata item.
United States Supreme Court
96 U.S. 162
Mitchell v. United States
APPEAL from the Court of Claims.
The facts are stated in the opinion of the court.
Mr. Thomas J. Durant for the appellant.
Mr. Assistant-Attorney-General Smith, contra.
MR. JUSTICE STRONG 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
# Mitchell v. United States (386 U.S. 972)

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* sister projects: Wikidata item.
United States Supreme Court
386 U.S. 972
Mitchell v. United States (386 U.S. 972)
See 386 U.S. 1042, 87 S.Ct. 1477.
Robert L. Bobrick, for petitioner.
Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg, for the United States.
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

## 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
# New Hampshire, a Poem with Notes and Grace Notes/On a Tree Fallen Across the Road

ON A TREE FALLEN ACROSS THE ROAD
(To hear us talk)
The tree the tempest with a crash of wood Throws down in front of us is not to bar Our passage to our journey's end for good, But just to ask us who we think we are
Insisting always on our own way so. She likes to halt us in our runner tracks, And make us get down in a foot of snow Debating what to do without an axe.
And yet she knows obstruction is in vain: We will not be put off the final goal We have it hidden in us to attain, Not though we have to seize earth by the pole
And, tired of aimless circling in one place, Steer straight off after something into space.
# New Hampshire, a Poem with Notes and Grace Notes/The Aim was Song

THE AIM WAS SONG
Before man came to blow it right The wind once blew itself untaught, And did its loudest day and night In any rough place where it caught.
Man came to tell it what was wrong: It hadn't found the place to blow; It blew too hard—the aim was song. And listen—how it ought to go!
He took a little in his mouth, And held it long enough for north To be converted into south, And then by measure blew it forth.
By measure. It was word and note, The wind the wind had meant to be— A little through the lips and throat. The aim was song—the wind could see.
# New Hampshire, a Poem with Notes and Grace Notes/The Census-taker

THE CENSUS-TAKER
I came an errand one cloud-blowing evening To a slab-built, black-paper-covered house Of one room and one window and one door, The only dwelling in a waste cut over A hundred square miles round it in the mountains: And that not dwelt in now by men or women (It never had been dwelt in, though, by women, So what is this I make a sorrow of?) I came as census-taker to the waste To count the people in it and found none, None in the hundred miles, none in the house, Where I came last with some hope, but not much After hours' overlooking from the cliffs An emptiness flayed to the very stone. I found no people that dared show themselves, None not in hiding from the outward eye. The time was autumn, but how anyone Could tell the time of year when every tree That could have dropped a leaf was down itself And nothing but the stump of it was left Now bringing out its rings in sugar of pitch; And every tree up stood a rotting trunk Without a single leaf to spend on autumn, Or branch to whistle after what was spent. Perhaps the wind the more without the help Of breathing trees said something of the time
Of year or day the way it swung a door Forever off the latch, as if rude men Passed in and slammed it shut each one behind him For the next one to open for himself. I counted nine I had no right to count (But this was dreamy unofficial counting) Before I made the tenth across the threshold. Where was my supper? Where was anyone's? No lamp was lit. Nothing was on the table. The stove was cold—the stove was off the chimney— And down by one side where it lacked a leg. The people that had loudly passed the door Were people to the ear but not the eye. They were not on the table with their elbows. They were not sleeping in the shelves of bunks. I saw no men there and no bones of men there. I armed myself against such bones as might be With the pitch-blackened stub of an axe-handle I picked up off the straw-dust covered floor. Not bones, but the ill-fitted window rattled. The door was still because I held it shut While I thought what to do that could be done— About the house—about the people not there. This house in one year fallen to decay Filled me with no less sorrow than the houses Fallen to ruin in ten thousand years Where Asia wedges Africa from Europe. Nothing was left to do that I could see Unless to find that there was no one there And declare to the cliffs too far for echo "The place is desert and let whoso lurks In silence, if in this he is aggrieved, Break silence now or be forever silent.
Let him say why it should not be declared so." The melancholy of having to count souls Where they grow fewer and fewer every year Is extreme where they shrink to none at all. It must be I want life to go on living.
# New Hampshire, a Poem with Notes and Grace Notes/Our Singing Strength

OUR SINGING STRENGTH
<poem> It snowed in spring on earth so dry and warm The flakes could find no landing place to form. Hordes spent themselves to make it wet and cold, And still they failed of any lasting hold. They made no white impression on the black. They disappeared as if earth sent them back. Not till from separate flakes they changed at night To almost strips and tapes of ragged white Did grass and garden ground confess it snowed, And all go back to winter but the road. Next day the scene was piled and puffed and dead. The grass lay flattened under one great tread. Borne down until the end almost took root. The rangey bough anticipated fruit With snowballs cupped in every opening bud. The road alone maintained itself in mud, Whatever its secret was of greater heat From inward fires or brush of passing feet.
In spring more mortal singers than belong To any one place cover us with song. Thrush, bluebird, blackbird, sparrow, and robin throng; Some to go further north to Hudson's Bay, Some that have come too far north back away, Really a very few to build and stay. Now was seen how these liked belated snow. The fields had nowhere left for them to go; ​They'd soon exhausted all there was in flying; The trees they'd had enough of with once trying And setting off their heavy powder load. They could find nothing open but the road. So there they let their lives be narrowed in By thousands the bad weather made akin. The road became a channel running flocks Of glossy birds like ripples over rocks. I drove them under foot in bits of flight That kept the ground, almost disputing right Of way with me from apathy of wing, A talking twitter all they had to sing. A few I must have driven to despair Made quick asides, but having done in air A whir among white branches great and small As in some too much carven marble hall Where one false wing beat would have brought down all, Came tamely back in front of me, the Drover, To suffer the same driven nightmare over. One such storm in a lifetime couldn't teach them That back behind pursuit it couldn't reach them; None flew behind me to be left alone.
Well, something for a snowstorm to have shown The country's singing strength thus brought together, That though repressed and moody with the weather Was none the less there ready to be freed And sing the wildflowers up from root and seed. </poem>
# New Hampshire, a Poem with Notes and Grace Notes/Nothing Gold Can Stay

NOTHING GOLD CAN STAY
Nature's first green is gold, Her hardest hue to hold. Her early leaf's a flower; But only so an hour. Then leaf subsides to leaf. So Eden sank to grief, So dawn goes down to day. Nothing gold can stay.
# New Hampshire, a Poem with Notes and Grace Notes/Stopping by Woods on a Snowy Evening

Written in 1922
STOPPING BY WOODS ON A SNOWY EVENING
Whose woods these are I think I know. His house is in the village though; He will not see me stopping here To watch his woods fill up with snow.
My little horse must think it queer To stop without a farmhouse near Between the woods and frozen lake The darkest evening of the year.
He gives his harness bells a shake To ask if there is some mistake. The only other sound's the sweep Of easy wind and downy flake.
The woods are lovely, dark and deep. But I have promises to keep, And miles to go before I sleep, And miles to go before I sleep.
# New Hampshire, a Poem with Notes and Grace Notes/Plowmen

PLOWMEN
A plow, they say, to plow the snow. They cannot mean to plant it, though— Unless in bitterness to mock At having cultivated rock.
# Nesmith v. Sheldon

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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Nesmith v. Sheldon (47 U.S. 41)
* Nesmith v. Sheldon (48 U.S. 812)
# Nestorian Stele

* related portals: Church of the East, China.
* sister projects: Wikipedia article, Commons category, Wikidata item.
English-language translations of 大秦景教流行中國碑 include:
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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# Nesmith v. Sheldon (47 U.S. 41)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
47 U.S. 41
Nesmith v. Sheldon
This case comes before the court upon a certificate of division from the Circuit Court for the District of Michigan. Upon opening the record, it is evident that the whole case has been sent up in this form. It is, indeed, divided into points, but most of them are merely hypothetical, and might never have arisen or required a decision upon them in the Circuit Court. For whether they would or would not arise depended altogether upon the decision of points which precede them in the statement.
This subject has been frequently before the court, and we have repeatedly said, that, under such certificates of division, we have no jurisdiction. Without attempting to enumerate the cases, it is sufficient on the present occasion to refer to White v. Turk and others, 12 Peters, 238, and The United States v. Stone, 14 Peters, 524, which are decisive of this case. It is unnecessary, therefore, to examine the printed arguments that have been filed, as the case must be dismissed for want of jurisdiction.
This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the District of Michigan, and on the points and questions on which the judges of the said Circuit Court were opposed in opinion, and which were certified to this court for its opinion, agreeably to the act of Congress in such case made and provided, and was argued by counsel. And it appearing to this court, upon an inspection of the said transcript, that no point in the case within the meaning of the act of Congress has been certified to this court, it is thereupon now here ordered and adjudged by this court, that this cause be and the same is hereby dismissed, and that this cause be and the same is hereby remanded to the said Circuit Court, to be proceeded in according to law.

## 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
# Nesting Time in Flatbush

* information about this edition.
* sister projects: Wikidata item.
Song from the musical Oh Boy!.
[Verse]
    (Jim) I've always liked the sort of song you hear so much today,
    Called "When it's something-or-other time" in some place far away
    Oh, "Tulip time in Holland", a pleasant time must be,
    (Jacky) While some are strong for "Apple-blossom-time in Normandy".
    (Jim) But there's another time and place that makes a hit with me.
[Refrain]
    When it's nesting time in Flatbush,
    We will take a little flat,
    (Jacky) With welcome on the mat
    (Jim) Where there's room to swing a cat.
    I'll hang up my hat, I'll hang up my hat,
    Life will be so sweet with you,
    (Both) When it's nesting time in Flatbush,
    In Flatbush Avenue.
[Verse]
    (Jacky) Our little home may have defects like all these flats in town,
    It's wiser not to lean on the walls,
    (Jim) Because they might fall down.
    (Jacky) It's rather badly lighted, which makes it hard to see.
    The neighbors play the Gramophone each night till after three.
    (Jim) But it will be a Paradise if shared, my love, with thee!
[Refrain]
    When it's nesting time in Flatbush,
    As you heard me say before,
    (Jacky) You will see the janitor
    (Jim) With the girl whom I adore.
    On the seventh floor, on the seventh floor,
    We will start to bill and coo,
    (Both) When it's nesting time in Flatbush,
    In Flatbush Avenue.
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 1975, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 48 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.
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# Moral Pieces, in Prose and Verse/Address to a New Month

ADDRESS TO A NEW MONTH.
Sunday, November 1st, 1812.
HAIL, stranger! thou art welcome! for I know
Thou cam'st to guide me on my way, and haste
My journey to my home. Thro' paths unknown
Dark with the sable of uncertainty,
Thou point'st me, and I follow undismay'd;
For all thy course is mark'd and rul'd by Him
Who cannot err. Oh! that his pow'r might make
Me active every hour, patient and kind,
Grateful and cheerful, seeking to do good,
Forgetting all the things that lie behind, And pressing firmly onward in the path
Of duty and of peace. O stranger fair!
Who com'st to aid me on this little stage
Of life's uncertain road, thy smile is soft,
And thy first deed is kind; for first thou shew'st
To me the brow of morn, gilded and bright,
And as I gaze thou whisper'st in my ear
That it is holy: so thou guid'st my steps
To God's own temple, where the gathering crowds
Resort to seek his face and chant his praise.
# Moral Pieces, in Prose and Verse/Address to the Deity

ADDRESS TO THE DEITY.
THOU at whose words the mighty storms obey,
The whirlwinds ravage, or the whirlwinds stay,
At whose dread call the thunder springs to birth,
The strong winds rack the firm and solid earth,
And lightnings glare, and ocean foams with ire,
And snow-clad rocks burst forth with flames of fire;
Yet whose least breath can hush the jarring strife,
And wake the severed atoms into life,
Send hark proud ocean from the trembling land,
And curb his power with a frail bound of sand,
Hush the wild whirlwind—bid the thunder cease,
And comfort nature with the smile of peace;
Canst thou, who vast eternity dost span;
Not change the heart, and turn the ways of man?
As the soft stream forsakes its winding course,
Yet ever speeds to its appointed source,
So canst thou mould his powers, and bend his will,
And fit him for thy sovereign purpose still;
In thee I trust—in this firm hope rejoice,
Lift upward to thy throne my grateful voice, Bend to my prayers—thy needed strength impart,
Awake my slumbering powers, confirm my heart,
Renew my faith—restore my wonted rest,
And teach me what thy will decrees is best;
On this firm rock, Oh, let my feet be staid,
Until they tread that lone vale dark with shade,
'Till my faint heart shall feel its latest pain,
And throb no more, in this cold breast again,
'Till dying life to life eternal tend,
Hope spring to joy, and faith in vision end.
# Moral Pieces, in Prose and Verse/Application of the Roman Precept

APPLICATION OF THE ROMAN PRECEPT,
"Take heed—Cato sees you."
THE Roman teachers said.—"Beware of sin,
Injustice to thy friend, or guilt within,
See that ye break not our most just decrees;
Take heed to what ye do, for Cato sees."
And Oh! were they who bow'd to flesh and blood,
More wise than we who serve the living God?
Forgetful Christian! learn like them to fear,
Not because Cato sees, but God is near.
# Moral Pieces, in Prose and Verse/A Thought

A THOUGHT.
THE youthful hope, the youthful smile,  That gild our journey o'er,
Like man, but stay a little while,
 Then sink to rise no more.
# Moral Pieces, in Prose and Verse/A Tribute

MORAL PIECES.
A TRIBUTE.
THERE rose a plant from shades obscure,
 Of weak and feeble stem,
Its shrinking leaves were closely curl'd,
 And pale its infant gem.
And yet, a benefactress kind
 The lonely stranger ey'd—
And lov'd, and watch'd the humble plant,
 Which few had lov'd beside.
She hid it from the chilling storms,
 For storms its bloom opprest,
And when the wintry blast arose,
 She warm'd it in her breast.
With glance of tearful joy, she view'd
 Its promis'd verdure rise;
And oft its drooping buds she rais'd,
 To point them to the skies.
But as she cherish'd it, a hand
 Remov'd her hence away;
And sick'ning on her lowly tomb
 The broken flow'ret lay.
It rose—to seek the ray serene,
 The star of mercy threw;
It rose on life's eventful scene,
 To feel and tremble too.
Yet some have fenc'd it from the blast,
 And from the wintry air,
And deign'd—tho' undeserv'd their smile,
 To shelter it with care.
Yes—they have cheer'd it:—they have sought
 To see its branches grow;
And have not scorn'd it,—though its stalk
 Was unadorn'd and low.
And if the fragrance of the skies
 Should to its buds be given,
That fragrance shall to these arise,
 To virtue, and to heaven.
# Moral Pieces, in Prose and Verse/An Emblem

AN EMBLEM.
I'VE seen a drop of morning dew,
 Like some fair gem serene,
That sparkled on a verdant bough
 All clad in summer green.
The rising sun absorb'd the tear,
 And drank it as it shone;
The winds of winter cleft the bough,
 It moulder'd and was gone.
The drop of dew is like the bloom
 And morning of our span:
The bough that wither'd in the blast  Is like the life of man.