OpenLLM-France/wikimedia huggingface dataset:
# Garner v. Board of Public Works of Los Angeles

* related portals: Supreme Court of the United States.
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## Concurring Opinion

    Frankfurter

## Dissenting Opinions

    Burton
    Black
    Douglas
United States Supreme Court
341 U.S. 716
Garner v. Board of Public Works of Los Angeles
Argued: April 25, 1951. --- Decided: June 4, 1951
Messrs. Charles J. Katz, Los Angeles, Cal., Samuel Rosenwein, New York City, for petitioners.
Mr. Alan G. Campbell, Los Angeles, Cal., for 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
# Fifes and Drums/America Unafraid

FIFES AND DRUMS
AMERICA UNAFRAID
I
America will wake To the stern task before her. She will break The bonds of Sloth and dull Indifference, And, with the soul of Lincoln in her eyes, Dare to be great and wise; Dare to be valiant with the valor still That echoes from the crest of Bunker Hill; The valor that gave Grant and Lee their fame After the battle-flame; The valor that has kept our country whole While the clean years unroll; ​The valor that has giv'n us all body, and heart, and soul!
II
America will be As one in her old love of Liberty. She will remember naught of party and creed In her great hour of need; But one in spirit, one in high accord, Her people will await the final word That bids them strike for Justice. Her keen sword Will never be unsheathed, save in the name of Christ, our Lord!
III
There is a fear Running through our broad country, far and near; A rumor that foul traitors at our gate Whisper, and plan, and wait; ​ A rumor that beneath us crawls the hostile worm of hate. . . . It may be so! But I believe that now Each man can disavow Old enmities, and, loyal to the end, Count it his privilege to be his country's friend; Count it his right to suffer for the land That hailed him, and stretched forth a welcoming hand When he, heart-broken, from an alien shore, Came as a stranger to our open door.
IV
America, beware! Lest, knowing the red burden you must bear, You falter now! We pray for Peace—white Peace; Yet if soft days must cease, We shall go forth, fearless, and as one, Until our task for Liberty is done.
Charles Hanson Towne.
# Fifes and Drums/April 2nd

APRIL 2nd.
We have been patient—and they named us weak; We have been silent—and they judged us meek. Now, in the much-abused, high name of God  We speak.
Oh, not with faltering or uncertain tone— With chosen words we make our meaning known, That like a great wind from the West shall shake  The double throne.
Our colors flame upon the topmost mast,— We lift the glove so arrogantly cast, And in the much-abused, high name of God  We speak at last.
Theodosia Garrison.
# Fifes and Drums/At Any Price

AT ANY PRICE
De Puyster Jones at twenty-three  Is not a pleasant sight to see;  Although his duds cost many dollars,  From silken socks to five-ply collars,  Though shaved and bathed and deftly scented—  One feels he should have been prevented.  His lips hang loose, his chest caves in,  His face is minus brow or chin;  And when one hears the creature chatter  Somehow it simply doesn't matter.  Yet young De Puyster Jones has money,  And when his money talks—it's funny  (Or sad) to note that many listen;  His brain is slime, and slime will glisten.  In fact, the moron, more's the pity, ​  Is sometimes spoken of as witty;  And though obscenely idiotic,  His ancient anecdotes erotic  Are often greeted with guffaws;  And his views meet with wild applause.
 Now what—I ask in thunderous tones—  What are the views of D. P. Jones?
"Patriotism's just an ism!  A fellah ought to be  Above the lingo  Of the Jingo;  Flags don't appeal to me."
"If a chap's rational, he's international;  He knows there's nothing in  The stuff that's local;  I'm not a yokel  To cheer when the bands begin." ​'And politicians who yap of missions,  Ideals, and all that junk—  Just let 'em gab, brag,  And hold the grab-bag;  But don't fall for their bunk!"
"You take this crisis! A glance suffices  To wise you what it means;  Munition makers  And journalist fakers  Stuffing millions in their jeans!"
"We're safe and happy, so why get scrappy?  Say, what's the sense in war?  For God's sake chuck it!  The whole show's muck! It 'S not what I'm living for!"
"Not this little Willy! I'm not that silly—  No drums and guns for mine! ​  What's the odds if they rat us?  They can't get at us.  Georgie's fleet is doing fine!"
 Such—I repeat in thunderous tones—  Such are the views of D. P. Jones.
Lee Wilson Dodd.
# Fifes and Drums/Blow, O Ye Bugles

BLOW, O YE BUGLES
Blow, O ye bugles, bugles of the morn!  Blow, O ye bugles of the sunset, blow! Sound your clear notes, your ringing notes of scorn,  Against the embattled legions of the foe!
Tell them in clarion accents that we stand  For freedom, and the birthright of the free; No bloody tyranny upon sea or land,  But the inalienable truths of Liberty!
Acclaim your triumph pæan over Might,  Your call for justice, and the overthrow Of all the hordes that fight against the Right!—  Blow, O ye bugles, valiant bugles, blow!
Clinton Scollard.
# Fifes and Drums/Come to the Colors

COME TO THE COLORS
(Air: Russian National Hymn)
Sons of America, come to the colors;  Gather in arms round the Red, White and Blue! Far over land and sea a bugle note is ringing;  Sons of America, it sounds for you!
Long have ye stood apart, the conflict grim beholding,  Safe in your distance and calm in your might; Now, in the hour of need, your banner proud unfolding,  Sons of America, uphold the right!
Kingdoms may pass away in tumult resounding,  Thrones and dominions may crumble and fall; ​ Now, while Humanity the great Advance is sounding,  Sons of America, obey the call!
Laura E. Richards.
# Fifes and Drums/Concerning Planting

CONCERNING PLANTING
Friend Kipling wrote some lines long since that ended "Pay, Pay, Pay!" And he helped to clean up Africa. That war was children's play With this that has to sift the sea, that's playing hide and seek And prisoners' base with submarines that scuttle life. Last week I heard a pure-food specialist stand up and start his chant With "The way to beat Berlin is just to 'Plant, Plant, Plant!'"
They say all nature's short of crops this year and next may be. ​ The world is shy of ships beside. It spills grain in the sea. The answer's wider acreage. The farmer'll do his share. If you want to beat those butchers of babies in the air You'll tell your wife's relations and the uncles of your aunt And your seventh cousin twice removed to "Plant, Plant, Plant!"
Now I have a gift for gardens and I've dug my trenches there. I've planted seeds instead of shells and made the neighbors stare. I've ranged my ranks of carrots, and beets, and beans, and peas, With pinks and roses round the sides as pretty as you please. ​ This year the flowers will have to go. My wife says that we shan't Steal one more Belgian baby's life. So "Plant, Plant, Plant!"
This year the game is gardens. This year the fad is food. Gad, if they plow their golf links up I'd cheer the multitude That have the money habit. If all would take their turn The butlers and the ladies' maids to weed and hoe might learn. Say, that's some Cubist picture. My kids declare they can't Slice up their tennis court. But Ma says "Plant, Plant, Plant!"
Canal sides in New York will bloom. Beside our railroad tracks ​ We're going to turn the Germans out. Around the rusty shacks Where we used to do our dumping, and on every vacant lot I've a picture of a planting worth tons of steel and shot. Though pacifists may preach and doubt and fools may rave and rant, We are going to knock the Kaiser out. So "Plant, Plant, Plant!"
John Curtis Underwood.
# Fifes and Drums/Black Flag!

BLACK FLAG!
Run up your Black Flag, Skull and crossbones display! Why should you palter—why should you lag?—  For never was freebooting crew, From Heligoland to Cathay—  And the Coast of Barbary, too,  So deserved the foul ensign as you!
Yes, run up the Black Flag,  Too long have your colors been hid! Make good your insolent brag,  Who have staked off the waters at will, And the honored sea-law have defied,  Going forth to plunder and kill!  You have staked off the waters at will— ​ What! You yet think to forbid?  Sea-way for other Flags, too—  Way for the Red-White-and-Blue!
But it's down with your Black Flag—  Down, in the end, it must be, In the depths where you lurk let it drag— Down to the charnelled abyss . . .  You hearken the World's decree?— Pirates were hunted ere this,  And you shall be swept from the sea!
Edith M. Thomas.
# Fifes and Drums/Columbia's Shop

COLUMBIA'S SHOP
Columbia has opened shop, (Come buy, good folk, come buy!) None may despise her merchandise,— Her price is far from high. Your parcels shall be neatly tied With red and white and blue, And Liberty (most charming, she) Shall hand them out to you.
Columbia has opened shop As any lady may, No better ware is anywhere, (Come buy, good folk, and pay!) For whosoever buys of her Shall have her thanks the while ​ And Liberty shall take the fee And give the change and smile.
Columbia has opened shop, (The foreign trade's astir) Pray step inside—the door stands wide— And buy a bond from her.
Theodosia Garrison.
# Fifes and Drums/Currency

CURRENCY
"Let us pay with our bodies for our soul's desire."—Theodore Roosevelt.
O, high of soul, flesh doth not overwhelm,  But is the means wherewith all things to buy! It is the coin current of the realm  Wherein we live and die.
Upon our far strange journey to that Home  From which we are astray, The Providence that destined we should roam  Gave us wherewith to pay.
We shall arrive if nobly we aspire,  And spending flesh to buy the spirit free, Pay with our bodies for our souls' desire  For perfect liberty.
M. E. Buhler.
# Fifes and Drums/America in Arms

AMERICA IN ARMS
We have not willed this war,  Nor heaped for man this monstrous pyre, But we have sought on hell's wide shore  To quench the awful fire.
This war was willed to be  By one who sprang on a world asleep, And now his talons out of the sea  Have drawn us in to the deep:
In to the deep and the dark  Where his blood is drunk with the splendor of ships, As he lies in lair with a steel-gray shark—  The mad foam on his lips. ​ No more, then, now no more  'Tis ours to watch by the burning lake, But ours, thank God, to wage this war,  Thank God—for freedom's sake,
Till freedom shall be strong  Through hell her heavenly work to do; For force is neither right nor wrong  But the use we put it to.
So this is the pledge we plight:  That we can fight, who do not hate, And we for freedom's love will fight  In the venomed teeth of fate.
Gird, then, our hearts to blaze  Once more through battle's black alarms, God of our fathers, and upraise  America in arms! ​ So her free soul may live,  Then ours—to win Thy grail or grave— Are an hundred million lives to give,  But only one to save.
Percy MacKaye.
# Gesta Romanorum Vol. I (1871)/Of Over-reaching and Conspiracy, and of Caution opposed to them

TALE XXI.
OF OVER-REACHING AND CONSPIRACY, AND OF CAUTION OPPOSED TO THEM.
Justin records, (21) that the Lacedæmonians conspired against their king; and prevailing, ​banished him. It happened that a king of the Persians plotted the destruction of the same state, and prepared to besiege Lacedæmon with a large army. The exile, though smarting beneath the wrongs accumulated on him by his own subjects, could not but regard the land of his nativity; and feel for it that deep and rooted love which forms, as it were, the very existence of the real patriot. Having ascertained, therefore, the hostile designs of the Persian monarch against the Lacedæmonians, he reflected by what means he might securely forewarn them of the impending danger. Accordingly, taking up his tablets, he communicated his discovery, and explained how they might best resist and defeat their enemies.
When he had written, he enveloped the whole in wax, and finding a trust-worthy messenger, despatched him to the insurgent nobles. On inspection of the tablets, no writing could be distinguished; for the entire surface of the wax discovered not the slightest impression. This naturally gave rise to much discussion, and each delivered his opinion as to the intent and further disposal of the tablets. But the ​mystery none of them could unravel. Now it chanced that a sister of the Lacedæmonian king, understanding their perplexity, requested permission to inspect them. Her desire was admitted; she commenced a minute investigation, and assisted by that peculiar shrewdness, which women frequently display in emergencies, raised the wax, and a portion of the writing became manifest. She had now a clue, and proceeding in her work, gradually removed the waxen covering and exhibited the legend at full. The nobles of the council thus pre-monished, rejoiced exceedingly; took the necessary steps, and secured themselves against the menaced siege.
APPLICATION.
My beloved, the king, is Christ, who is banished, by human depravity, from his right. Nevertheless, he so loved us, as to contrive a means of freeing us from the attacks of our enemy the devil.
Note 21.Page 105.
It is not worth while to investigate how much of this story is recorded by Justin.
# Gesta Romanorum Vol. I (1871)/Of Peace, Reformation, &c.

TALE XXXV.
OF PEACE, REFORMATION, &c.
In the Roman annals, we read that it was customary, when peace was established between noblemen who had been at variance, to ascend a lofty mountain, and take with them a lamb, which they sacrificed in pledge of complete re-union; thereby intimating, that as they then poured forth the blood of the lamb, so should his blood be poured forth, who infringed the smallest article of that solemn compact.
APPLICATION.
My beloved, the noblemen are God and man; and the lamb is Christ.
# Gesta Romanorum Vol. I (1871)/Of Riches, which are not to be coveted

TALE LXXVII.
OF RICHES, WHICH ARE NOT TO BE COVETED.
A certain king had two daughters, one of whom was extremely beautiful, and very much beloved. The other, however, was of a dark unprepossessing complexion, and hated, as much as her sister was esteemed. This difference in their appearance caused the king to give them characteristic names. He called the first Rosamunda, that is, the fragrant rose; and the second, Gratiaplena, or the full of grace.
​A herald was commanded to proclaim, that whosoever would marry either of the two daughters, should do so upon the following conditions. First, that they should be the worthiest of the candidates; secondly, that whoever chose the beautiful girl, should have nothing but her beauty; but he who selected the dark girl should succeed him to the throne. Multitudes flocked to the summons; but every one still clung to the fair lady, and not even the temptation of a kingdom could induce any one to espouse the other. Gratiaplena wept bitterly at her unhappy fate; "My daughter," said the king, "why are you so grievously afflicted?" "Oh, my father," returned she, "no one visits or speaks kindly to me; all pay their attentions to my sister, and despise me." "Why, my dear daughter," said the father, "do you not know, that whosoever marries you will possess the crown?" This was touching the right string; the lady dried her tears, and was marvellously comforted.
Not long after a king entered the royal palace, and seeing the great beauty of ​Rosamunda, desired her in marriage. The father-king consented, and she was espoused with great joy. But the other daughter remained many years unbetrothed. At last, a certain poor nobleman very wisely reflecting, that though the girl was abominably ugly, yet she was rich, determined to marry her. He therefore went to the king, and solicited his consent; who, glad enough at the proposal, cheerfully bestowed her upon him; and after his decease, bequeathed him the kingdom.
APPLICATION.
My beloved, the king is our Lord Jesus Christ; Rosamunda is the world, which every one loves. The other daughter, Gratiaplena, so abhorred by the world, is poverty. But the poor in spirit will receive the kingdom of heaven.
# Gesta Romanorum Vol. I (1871)/Of Presumption

TALE LXXIX.
OF PRESUMPTION.
There was a certain king who had a singular partiality for little dogs that barked loudly; so much so, indeed, that they usually rested ​in his lap. Being long accustomed to eat and sleep in this situation, they would scarcely do either elsewhere: seeming to take great pleasure in looking at him, and putting their paws upon his neck. Now it happened that an ass, who noticed this familiarity, thought to himself, "If I should sing and dance before the king, and put my feet round his neck, he would feed me also upon the greatest dainties, and suffer me to rest in his lap." Accordingly quitting his stable, he entered the hall, and running up to the king, raised his clumsy feet with difficulty around the royal neck. The servants, not understanding the ass's courteous intention, imagined that he was mad; and pulling him away, belaboured him soundly. He was then led back to the stable. (67)
APPLICATION.
My beloved, the king is Christ; the barking dogs are zealous preachers. The ass is any one who, without the necessary qualifications, presumes to take upon himself the interpretation of the word of God.
Note 67.Page 273.
We have here a new version of an Æsopian fable.
# Gesta Romanorum Vol. I (1871)/Of Three Kings

TALE XLVII.
OF THREE KINGS.
A Danish king had the greatest reverence for the three Eastern potentates (45) whom ​the star led to Jerusalem on the nativity of our blessed Lord; and he was usually in the habit of invoking them to his aid upon any dilemma. The pious king set out with a great company to the place where the bodies of these sainted kings are preserved with great splendour, taking with him three golden crowns, constructed after a wonderful and royal fashion. As he returned to his own dominions, he fell into a deep sleep; and dreamt that he beheld the three kings bearing upon their heads the crowns he had lately presented, from whence issued a dazzling lustre. Each appeared to address him in turn. The first, and the older of the three said, "My brother, thou hast happily arrived hither, and happily shalt thou return." The next said, "Thou hast offered much, but more shalt thou carry back with thee." The third said, "My brother, thou art faithful: therefore with us shalt thou conjointly reign in heaven for a period of thirty-three years." Then the elder presented to him a pyx (46) filled with gold—"Receive," said he, "a treasury of wisdom, by which thou wilt judge ​thy people with equity." The second presented a pyx of myrrh, and said "Receive the myrrh of prudence, which will bridle the deceitful workings of the flesh: for he best governs, who is master of himself." The third brought a pyx full of frankincense, saying, "Receive the frankincense of devotion and clemency; for thus shalt thou relieve and soothe the wretched. And as the dew moistens the herbage and promotes a large increase of fertility, so the clemency of a king lifts him to the stars." (47) The sleeping monarch surprised at the distinctness and singularity of his vision, suddenly awoke, and found the pyxes, with their rich contents, deposited by his side. Returning to his own kingdom, he devoutly fulfilled the purport of his dream, and on the conclusion of this transitory life, enjoyed, as he deserved, an everlasting throne.
APPLICATION.
My beloved, the Danish king is any good Christian who brings three crowns to three ​holy kings—that is, to the Father, Son and Holy Ghost. These crowns are, faith, hope, and charity. The pyx of gold, is a heart full of virtues; that of myrrh, typifies repentance; and the pyx of frankincense denotes the Grace of God.
Note 45.Page 162.
We have here a curious instance of the anomalous introduction of saints. The three Magi one would have thought not exactly fitted for the Christian Calendar.
Note 46.Page 163.
Pyx is properly a box. "πυξις, από τοῦ πυξος quod nomen buxum significat, unde et pyxidem buxulum Itali vocant."—Fab. Thes. The Roman Catholics put the Host into this kind of box.
Note 47.Page 164.
The Latin original is as follows: "Sicut ros herbam irrigat ut crescat; sic dulcis clementia regis usque ad sydera provehit et exaltat," which coincides remarkably with a passage in the "Merchant of Venice."
"The quality of mercy is not strained; It droppeth, as the gentle rain from heaven, Upon the place beneath."—Act III. Sc. 1.
# Gesta Romanorum Vol. I (1871)/Of Offence and Judgment

TALE XXX.
OF OFFENCE AND JUDGMENT.
A certain king determined on the occasion of some victory to appoint three especial honours, and an equal number of disagreeable accompaniments. The first of the honors was, that the people should meet the conqueror with acclamations and every other testimony of pleasure. The second, that all the captives, bound hand and foot, should attend the victor's chariot. The third honour was, that, enwrapped in the mantle of Jupiter, ​he should sit upon a triumphal car, drawn by four white horses, and be thus brought to the capitol. But lest these exalted rewards should swell the heart, and make the favourite of fortune forget his birth and mortal character, three grievances were attached to them. First, a slave sat on his right hand in the chariot—which served to hint, that poverty and unmerited degradation were no bars to the subsequent attainment of the highest dignities. The second grievance was, that the slave should inflict upon him several severe blows, to abate the haughtiness which the applause of his countrymen might tend to excite—at the same time saying to him in Greek, "Γνωθε σεουτον," that is, know thyself, and permit not thy exaltation to render thee proud. Look behind thee, and remember that thou art mortal. The third grievance was this, that free licence was given, upon that day of triumph, to utter the most galling reproaches, and the most cutting sarcasms. (27) ​
APPLICATION.
My beloved, the emperor is our heavenly Father, and the conqueror, our Lord Jesus Christ, who has obtained a glorious victory over sin. The first honor typifies his entry into Jerusalem, when the people shouted "Hosanna to the Son of David." The second, those enslaved by sin. The third, Christ's divinity. The four white horses are the four Evangelists. The slave, is the worst of the two robbers crucified with our Lord. The second grievance is the blows he received; and the third, the indignities with which he was overwhelmed.
Note 27.Page 128.
"Licence was given, upon that day of triumph, to utter tke most galling reproaches, and the most cutting sarcasms."
Privileges of this kind were permitted to the Roman slaves, on the celebration of their Saturnalia. In the seventh satire of the second book, Horace gives us an example.
"Age, libertate Decembri, (Quando ita majores voluerunt) utere: narra."
Davus spares not his master; and in all probability, many a long treasured grudge would, on these occasions, be vented in the bitterest sarcasms.