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# Catholic Encyclopedia (1913)/Daniel Fitter

From volume 6 of the work.
Born in Worcestershire, England, 1628; died at St. Thomas' Priory, near Stafford, 6 Feb., 1700. He entered Lisbon College at the age of nineteen, went through his studies with some distinction, and was raised to the priesthood in 1651. A year or two later, he returned to England, and was appointed chaplain to William Fowler, Esq., of St. Thomas' Priory, near Stafford, where he remained until his death. During the reign of James II, he opened a school at Stafford, which was suppressed at the revolution in 1688. At the period of excitement ensuing upon the Titus Oates plot (1678), he, with a few others, upheld the lawfulness of taking the oath then tendered to every well-known Catholic. He himself subscribed it, and defended his action on the ground of a common and legal use of the term "spiritual". In consequence of this, when the chapter chose him as Vicar-General of the Counties of Stafford, Derby, Cheshire and Salop, they required that he should "sign a Declaration made by our Brethren in Paris against the Oath of Supremacy".
In a letter to the clergy of England and Scotland (1684), Cardinal Philip Howard recommended warmly the "Institutum clericorum in communi viventium", founded in 1641 by the German priest Bartolomaus Holzhauser, and approved by Innocent XI in 1680 and 1684. The institute met with eager acceptance in England, and Fitter was appointed its first provincial president and procurator for the Midland district. The association was, however, dissolved shortly after his death by Bishop Giffard in 1702, on account of a misunderstanding between its members and the rest of the secular clergy. Fitter had bequeathed property to "The Common Purse" of the institute, with a life-interest in favour of his elder brother Francis; but when the institute ceased to exist, Francis, by a deed of assignment, established a new trust (1703), called "The Common Fund" for the benefit of the clergy of the district. This fund became subsequently known as "The Johnson Fund" and still exists. Daniel Fitter also left a fund for the maintenance of a priest, whose duty it should be to reside in the county of Stafford and take spiritual charge of the poor Catholics of the locality.
Henry Parkinson.
# Catholic Encyclopedia (1913)/Danaba

From volume 4 of the work.
A titular see of Phænicia Secunda. Danaba is mentioned by Ptolemy (V, xv, 24) as a town in the territory of Palmyra. According to Peutinger's table (where it is called Danova) it was a Roman military station between Damascus and Palmyra, twenty miles from Nezala. Danaba figures in an Antiochene "Notitia episcopatuum" of the sixth century as a suffragan of Damascus, and remained so till perhaps the tenth century. Only two bishops are known: Theodore, who attended the Council of Chalcedon in 451, and subscribed the letter of the bishops of the province to Emperor Leo I in 458, and Eulogius, present at the Second Council of Constantinople in 553 (Lequien, Or. Christ., III, 847). Today Danaba is probably represented by Hafer, a village five miles southeast of Sadad, in the vilayet of Damascus. About 300 Jacobite Syrians live there, most of whom have been converted to Catholicism.
S. Pétridès.
# Catholic Encyclopedia (1913)/Daniel Ammen

From volume 1 of the work.
American naval officer and author, b. in Brown County, Ohio, 15 May, 1820; d. in Washington, D.C., 11 July, 1898. His father, a soldier of the War of 1812, migrated to Ohio from Virginia. He was appointed midshipman, 7 July, 1834, and ordered to West Point, where he studied for three months, under his brother Jacob Ammen, later a brigadier general in the United States Army. After serving at sea for several years, he was sent to the Naval School, then near Philadelphia. He was appointed lieutenant 4 November, 1849, and became rear admiral 11 December, 1877. During the Civil War, he was engaged in blockade duty with Admiral Dupont's fleet. He was chief of the Bureau of Yards and Docks from 1 May, 1869, to 1 October, 1871, and chief of the Bureau of Navigation from 1 October, 1871, until his retirement, 4 June, 1878. He devoted much time to work on harbour defences, and designed the ram Katahdin, also the "Ammen balsa," or life-raft, used in the navy. In 1872 he was appointed member of a commission to examine and report on the feasibility of constructing a canal through Nicaragua. The commission reported in favour of the Nicaraguan route, which he strongly advocated. In 1879, he was sent as a delegate to a congress in Paris to discuss Isthmian canal questions. He also served on the board for the location of the new Naval Observatory. After his retirement he purchased a farm twelve miles from Washington, at a station named in his honour Ammendale, the seat of the Normal School of the Brothers of the Christian Schools, where through his generosity St. Joseph's church was built. Among his works are "The Atlantic Coast" (New York, 1883); "Recollections of Grant" (1885); "The Old Navy and the New" (autobiographical) (Philad., 1891); "Country Homes and Their Improvements"; "Fallacies of the Interoceanic Transit Questions," and various contributions to current literature.
MILTON E. SMITH
# Catholic Encyclopedia (1913)/Daniel Greysolon, Sieur Du Lhut

From volume 5 of the work.
(DULUTH).
Born at Saint-Germain-en-Laye about 1640; died at Montreal, 26 Feb., 1710. He first served in the French army, becoming a lieutenant in 1657 and a gendarme of the King's Guard in 1664. He also took part in the campaign in Flanders and was present at the battle of Senef in 1674. During that year he went to Canada, whither he had been preceded by several members of his family, amongst them his cousins, the Tontys. At first he settled in Montreal, but in 1678 left for the West accompanied by his brother, La Tourette, and six soldiers. In 1679 he took possession of the Sioux country in the name of the King of France. He also explored Lake Superior and the high inland plateau where the Mississippi, the Red River, and the St. Lawrence rise, erected the fortified post of Kaministiquia (now Fort William) and afterwards built Fort La Tourette on Lake Nepigon. Du Lhut was the first Canadian to explore the West and it was his privilege to save Father Hennepin from captivity when this famous Recollect missionary, having become separated from La Salle's expedition, was wandering about in the wilderness near Saint-Antoine. On account of his intrepidity, Du Lhut had great influence over the savages, who admired and feared him; he kept them loyal to France and obliged them to join the expeditions which La Barre and Denonville organized against the Iroquois in 1684 and 1687. In 1686 he laid the foundation of the post of Detroit and in 1696, having been made captain after twenty years of service, was in command of Fort Frontenac. Here, in 1707, he was succeeded by Tonty, his cousin. He died three years later and was buried in the church of the Recollects at Montreal.
Du Lhut was one of the most dauntless pioneer rangers (coureurs de bois) in Canada during the French regime. For thirty years he succeeded in keeping the country to the west of the Great Lakes under French control. Notwithstanding that he had every chance of becoming wealthy, he died poor and Governor Vaudreuil testified to his having been a very upright man. The city of Duluth, Minnesota, takes its name from him. Du Lhut wrote accounts of his journeys (1676-1678), but unfortunately they have been lost; however, we have a plan that he designed for a chain of posts to be erected for the purpose of keeping the lake-route clear of savages and thus facilitating communication between Canada and the western and southern parts of the continent (1683-95). This plan was published by Margry (Decouvertes et Etablissements, V, 3-72). In the Library of Congress at Washington may also be found extracts from his account of Detroit.
Sulte in La Revue Canadienne (1893), 480-489, 541-550; McLennan in Harper's Magazine (September. 1893); Transactions Royal Soc. Canada (1903), new series, IX, 39.
J. EDMOND ROY
# Catholic Encyclopedia (1913)/Christian Museum of Lateran

From volume 9 of the work.
Lateran, Christian Museum of, established by Pius IX in 1854, in the Palazzo del Laterano erected by Sixtus V on the part of the site of the ancient Lateran palace destroyed by fire in 1308. In 1843 the "profane" Museum of the Lateran was founded by Gregory XVI, in whose pontificate also was mooted the idea of establishing a museum of Christian antiquities in the same edifice. Nothing of consequence, however, was accomplished until Pius IX, at the date noted, entrusted the task to the two famous archæologists, Father Marchi, S.J., and Giovanni Battista de Rossi. To Marchi was assigned the work of collecting and arranging the sculptured monuments of the early Christian ages, to de Rossi all that concerned ancient Christian inscriptions; a third department of the museum consisted of copies of some of the more important catacomb frescoes. The larger part of the material for the new foundation was drawn from the hall in the Vatican Library set apart by Benedict XIV, in 1750, as the nucleus of a Christian monuments from the Capitoline Museum, while many others were recovered from convents, chapels, sacristies, and private collections. Plaster casts were also supplied of certain especially interesting monuments that could not be removed from their original location. The result has been eminently satisfactory, so much so indeed that the Christian Museum of the Lateran contains today a collection of monuments the study of which is indispensable to a proper appreciation of the earlier ages of Christianity. The section devoted to early Christian epigraphy, classified by de Rossi, begins with a collection of inscriptions relating to the most ancient basilicas, baptisteries, etc.; then follow in order the Damasan inscriptions, inscriptions with consular dates, those containing allusions to dogma, to the hierarchy, civil matters, and accompanied with such symbols as the anchor, dove, and monogram. Still another section is occupied by monuments with inscriptions classified according to their topography. The most interesting, perhaps, of all the inscribed monuments of the museum is that containing the famous epitaph of Abercius, one fragment of which was presented to Leo XIII by the Sultan Abdul Hamid II, the other by Professor (now Sir William) Ramsay. The sculptured monuments include a fine collection of fourth and fifth century sacrophagi, the statue of St. Hippolytus, and an admirable third-century statue of the Good Shepherd. The third section of the museum consists of copies, not always accurate, of some of the most interesting paintings discovered in the Roman catacombs.
Northcote and Brownlow, Roma Sotterranea (London, 1878-70); Northcote, Epitaphs of the Catacombs, (London, 1878); Marucchi, Guida del Museo Cristiano Lateranense (Rome, 1898).
Maurice M. Hassett.
# Catholic Encyclopedia (1913)/Christian Wolfgang Herdtrich

From volume 7 of the work.
(According to Franco, Christianus Henriques; Chinese, Ngen).
An Austrian Jesuit missionary in China; born at Graz, Styria, 25 June, 1625; d. 18 July, 1684. He entered the Austrian province of the Society of Jesus on 27 October, 1641, and in 1656 was chosen for the Chinese mission. For two years he laboured on the island of Celebes, and after 1660 was in the Chinese provinces of Shan-si and Ho-nan. In 1671 he was called to the court of Peking as mathematician, and was one of that group of scholarly Jesuits with whom the great emperor Kang-he surrounded himself. He professed a profound knowledge of the Chinese language and literature, and was a collaborator in the great work: "Confucius, Sinarium Philosophus, sive Scientia Sinensis latina exposito studio et operâ Properi Intorcetta, Christiani Herdtrich, Francisci Rougemont, Philippi Couplet, PP. Soc. Jesu" (Paris, 1778). This earliest translation and elucidation gave European scholars their first insight into the teachings of the Chinese sage. Herdtrich was also the author of a large Chinese-Latin dictionary (Wentse-Ko), probably one of the first of its kind. The last nine years of his life were spent as superior of the mission of Kiang-tcheon, province of Shan-si. Emperor Kang-hi himself composed his epitaph (cf. "Welt-Bott", Augsburg, 1726, Nos. 16, 49).
Huonder, Deutsche Jesuitenmissionäire (Freiburg im Br., 1899), 188; Dahlmann, Die Sprachenkunde und de Missionen (Freiburg im Br., 1891), 32-37; Hazart-Sontermann, Kirchengesch., I (Vienna and Munich, 1707), 706 sqq. Letters of Herdritch may be found in: Intorcetta, Compendiosa Narratione della Missione Cinense (Rome, 1672), 115-128; Greslon, Histoire de la Chine sous la domination des Tartares (Partis, 1670), 56; Kathol. Missionen (Freiburg im Br.) for 1901-02, pp. 25 sqq.; 1905-05, pp. 4 sqq.
A. HUONDER
# Catholic Encyclopedia (1913)/Christian Lupus

From volume 9 of the work.
Lupus (Wolf), Christian, historian, b. at Ypres (Flanders), 23' Jly, 1612; d. at Louvain, July 10, 1681. He joined the Augustinian Order at the age of fifteen, and on the completion of his studies, was appointed lecturer in theology, to the younger members of the order at Cologne. While occupying this position he won the confidence of the nuncio, Fahio Chigi, afterwards Alexander VII. In 1640 Lupus was appointed professor of theology at Louvain, but, owing to his 'zeal for the teaching of St. Augustine, was suspected of Jansenism. The nuncio at Brussels accused him of it, and would not permit the University of Louvain to confer a doctor's degree upon him; only after the pope's mediation was it given to him. When the accusation was renewed, Alexander VII called him to Rome, where for the next five years he devoted himself under papal protection to the study of ecclesiastical history. He returned to Louvain in 1660, and was elected provincial of the Belgian province; in 1667 he returned to Rome, accompanied by several professors of the theological faculty of Louvain, to obtain the censure of a number of erroneous moral doctrines. Innocent XI condemned sixty-five of the propositions denounced by him. On his return to Louvain he was appointed regius professor of theology, the first time a religious had ever held this office. His writings were published in thirteen parts, the first twelve at Venice, 1724-1729, in six folio volumes, the thirteenth at Bologna, in 1742. The first six under the title "Synodorum generalium et provincialium statuta et canones cum notis et historicis dissertationibus" (1665-1673) contain a detailed history of the councils, with many learned dissertations. The seventh part contains: "Ad Ephesinum concilium variorum patrum epistolas, item commonitorium Coelestini papa, titulos decretorum Hilarii papa" (Louvain, 1682). He also wrote critical replies to Quesnel, Boileau, and Gerbais. His writings, however, are mostly collections of historical materials, usually but little elaborated by him.
Patricius Schlager.
# Catholic Encyclopedia (1913)/Christian Mohr

From volume 10 of the work.
Born at Andernach, 1823; died at Cologne, 1888. He practised his profession of sculptor chiefly at Cologne under the cathedral architect Zwirner. After some early ornamental work at Mains and Coblens, Mohr settled in Cologne in 1845. He first executed the statuettes on the tomb of Archbishop Conrad of Hochstaden, the founder of the cathedral. Of importance are his figures of Christ, the Evangelists, and fifty-nine angels on the south portal of the cathedral, where the rich variety of the added symbols excites admiration. On the commission of Emperor William I the eight statues in the middle hall were executed. The "St. Peter" for the middle portal won Mohr the first-class medal at the Paris Exhibition of 1855. He also carved the statue of the first Cologne cathedral architect, Gerhard Riele, and that of the veteran painter of the Cologne school, Stephan Lochner. He undertook many commissions outside of Cologne: the panoramic figures for the assembly-hall at Düsseldorf, the thirty-four figures of the emperors for the Rathaus at Aachen, the equestrian statues for the Fürstenbergische Schloss at Herdringen, the portrait effigies of the Princes of Hohenzollern-Sigmaringen, the figures for the fountain on the market-place at Lübeck, etc. For more than forty years he was thus engaged at Cologne, executing commissions for that city and other places. The cathedral is indebted to him for the best of its sculptural decoration; the Rathhaus for the statues of the emperors, and the Museum for the bust of Michelangelo, which in 1873 secured for Mohr the honour of being made a regular member of the K. K. Akademie of Vienna. Mohr was equally esteemed as an art-collector and connoisseur of classical and German antiquities. His household furniture represented the art of the Dürer period. That he was not opposed to the Renaissance is proved by a beautiful silver epergne in that style. Finally, he appears as a writer on art in the works "Köln in seiner Glanzzeit" and "Kölner Torburgen". For his knowledge and his achievements he was indebted for the most part to his personal exertions, since he was practically self-educated; and, even though in many cases he only executed the plans of Schwanthaler, still numerous independent works display both talent and taste.
Zeitschr. für bildende Kunst, XXIV, 100 sqq.; Illustrierte Zeitung, no. 866 (1860).
G. GIETMANN.
# Butler v. United States (88 U.S. 272)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
88 U.S. 272
RODERICK R. BUTLER, Plaintiff in Error, v. UNITED STATES.
No. 192.
We cannot distinguish this case in principle from Dair v. United States. The printed form, with its blank spaces, was signed by Butler and delivered to Emory, with authority to fill the blanks and perfect the instrument as a bond to secure his faithful service in the office of collector of internal revenue. He was also authorized to present it when perfected to the proper officer of the government for approval and acceptance. If accepted, it was expected that he would at once be permitted to enter upon the performance of the duties of the office to which it referred.
It is true that, according to the plea, this authority was accompanied by certain private understandings between the parties intended to limit its operations, but it was apparently unqualified. Every blank space in the form was open. To all appearances any sum that should be required by the government might be designated as the penalty, and the names of any persons signing as co-sureties might be inserted in the space left for that purpose. It was easy to have limited this authority by filling the blanks, and the filling of any one was a limitation to that extent. By inserting in the appropriate places the amount of the penalty or the names of the sureties or their residences, Butler could have taken away from Emory the power to bind him otherwise than as thus specified. This, however, he did not do. Instead, he relied upon the good faith of Emory, and clothed him with apparent power to fill all the blanks in the paper signed, in such appropriate manner as might be necessary to convert it into a bond that would be accepted by the government as security for the performance of his contemplated official duties. It is not pretended that the acts of Emory are beyond the scope of his apparent authority. The bond was accepted in the belief that it had been properly executed. There is no claim that the officer who accepted it had any notice of the private agreements. He acted in good faith, and the question now is, which of two innocent parties shall suffer. The doctrine of Dair's case is that it must be Butler, because he confided in Emory and the government did not. He is in law and equity estopped by his acts from claiming, as against the government, the benefit of his private instructions to his agent.
JUDGMENT AFFIRMED.

## 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
# Butler v. Whiteman
## Dissenting Opinion

    Harlan
United States Supreme Court
356 U.S. 271
Butler v. Whiteman
Argued: April 14, 1958. ---
PER CURIAM.

## 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
# Butler v. United States

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# Butler v. Whiteman/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
* Dissenting Opinion Harlan
United States Supreme Court
356 U.S. 271
Butler v. Whiteman
Argued: April 14, 1958. ---
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is reversed and the cause is remanded for trial. We hold that the petitioner's evidence presented an evidentiary basis for jury findings as to (1) whether or not the tug G. W. Whiteman was in navigation, Senko v. LaCrosse Dredging Corp., 352 U.S. 370, 373, 77 S.Ct. 415, 417, 1 L.Ed.2d 404; Carumbo v. Cape Cod S.S.C.o., 1 Cir., 123 F.2d 991; (2) whether or not the petitioner's decedent was a seaman and member of the crew of the tug within the meaning of the Jones Act, 41 Stat. 1007, 46 U.S.C. § 688, 46 U.S.C.A. § 688; Senko v. LaCrosse Dredging Corp., supra; Gianfala v. Texas Co., 350 U.S. 879, 76 S.Ct. 141, 100 L.Ed. 775; South Chicago Coal & Dock Co. v. Bassett, 309 U.S. 251, 60 S.Ct. 544, 84 L.Ed. 732; Grimes v. Raymond Concrete Pile Co., 356 U.S. 252, 78 S.Ct. 687; and (3) whether or not employer negligence played a part in producing decedent's death. Ferguson v. Moore-McCormack Lines, 352 U.S. 521, 77 S.Ct. 457, 1 L.Ed.2d 511; Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493; Schulz v. Pennsylvania R. Co., 350 U.S. 523, 76 S.Ct. 608, 100 L.Ed. 668.
For reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 77 S.Ct. 443, 459, Mr. Justice Frankfurter is of the view that the writ of certiorari is improvidently granted.
Mr. Justice HARLAN, with whom Mr. Justice WHITTAKER joins, dissenting.

## 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