OpenLLM-France/wikimedia huggingface dataset:
# Butler v. Whiteman/Dissent Harlan

* 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. ---
Mr. Justice HARLAN, with whom Mr. Justice WHITTAKER joins, dissenting.
I think the evidence is insufficient to raise a question for the jury as to whether petitioner's decedent at the time of the accident was a seaman within the purview of the Jones Act.
Respondent was the owner of a wharf, barge and tug, all situated on the Mississippi River. The barge was moored to the wharf, and the tug was lashed to the barge. On October 7, 1953, the decedent met death by drowning in unclear circumstances. He was last seen alive running across the barge to the tug, and it was petitioner's theory of the case that the decedent had fallen into the river between the barge and the tug, and that respondent was liable under the Jones Act because of his negligent failure to provide a gangplank for crossing between the two vessels.
For some months before the accident the tug had been withdrawn from navigation because it was inoperable. During the entire year of 1953 the tug had neither captain nor crew and reported no earnings; the only evidence of its movement during the year related to an occasion on which it was towed to dry dock. At the time of the accident the tug was undergoing rehabilitation preparatory to a Coast Guard inspection, presumably in anticipation of a return to service. During the period of the tug's inactivity, the decedent was employed as a laborer doing odd jobs around respondent's wharf, and on the morning of the accident he had been engaged in cleaning the boiler of the tug.
In my opinion it taxes imagination to the breaking point to consider this unfortunate individual to have been a seaman at the time of the accident within the meaning of the Jones Act, and I think that if a jury were so to find, its verdict would have to be set aside. Desper v. Starved Rock Ferry Co., 342 U.S. 187, 72 S.Ct. 216, 96 L.Ed. 205. Because I would affirm the judgment of the Court of Appeals on this ground, I do not reach the question whether the accident was attributable in any way to respondent's negligence.

## 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
# Catholic Encyclopedia (1913)/Mitylene

From volume 10 of the work.
A titulary archbishopric in the island of Lesbos. Inhabitated, first by the Pelasgians, then by the Æolians, it was ruled in turn by the Persians, the Athenians, the Macedonians, the Seleucidæ, and the Romans. Included in the empire of the East after the time of Theodosius it suffered much from the different invasions of the Scythians in 376, the Slavs in 769, the Arabs in 821, 881, 1035, the Russians in 864 And 1027. In 1204 after the foundation of the Latin empire, the city became a possession of the French, only to be reconquered in 1248 by John Ducas Vatatzes. It belonged to the Genoese when the sultan, Mahomet II, conquered it in 1462. The home of many famous persons, among them Sappho, Alcæus, and the sage Pittacus, Mitylene was famous for its beauty and for the strength of its walls. St. Paul stopped there during his third journey (Acts, xx, 14). Among its bishops, whose names will be found in part in Le Quien, "Oriens christianus", I, 953-962, are Zacharias Rhetor, or the Scholastic, author of an Ecclesiastical History about the year 536; Saint George who died in exile at Cherson before 821 and whose feast occurs on 7 April and 16 May; another Saint George who died in 843 and is venerated by the Greeks on 1 February with his two brothers, Saint Simeon and Saint David (Analecta bollandiana XVIII, 209 sq.). Until this time Mitylene was only an autocephalous archbishopric; the "Notitia" of Leo the Wise about 900 describes it as a metropolitan see with five suffragans. Dorotheus of Mitylene stands out among the friends of the Union at the Council of Florence of which he wrote a history in Greek (Mansi, XXXI, 463 sq., 997, 1009). The list of the Latin titularies of 1205 to 1412 may be found in Le Quien, III, 991-994; Eubel, I, 370; Gams, 449. The present city of Metilin numbers 15,000 inhabitants, the greater number schismatic Greeks; the 760 Catholics of the island are chiefly grouped about Metilin and are included in the archbishopric of Smyrna. The parish is directed by the Franciscans; the Marist Brothers have a school for boys.
LE QUIEN, Oriens christianus I, 953-961; III, 991-994; LACROIX, Iles de la Grèce (Paris, 1853). 297-338; CUINET, La Turquie d'Asie, I (Paris, 1892), 449-74; KODELVEY Die antiken Bauresten der Insel Lesbos (Berlin, 1890); WROTH, Catalogue of Greek Coins of Troas, Eolis, and Lesbes (London, 1894), 184-215.
S. SALAVILLE.
# Catholic Encyclopedia (1913)/Mixed Marriage (supplement)

From volume 16 of the work.
Marriage, Mixed.-Since the article on this subject was written, the following decisions have been issued by the Congregation of the Holy Office, 21 June, 1913. The dispensation from the impediment of disparity is never to be granted except with all the explicit guarantees or safeguards. If granted, it is not valid, and the ordinary can declare the nullity in such cases, without recourse to the Holy See for a definitive sentence. The prescription of the Decree "Ne Temere" on the asking and receiving by the parish-priest, for the validity of marriage, of the consent of the parties, in mixed marriages in which due-guarantees are obstinately refused by them, henceforth does not apply, but strict observance is to be paid to preceding concessions and instructions of the Holy See on the subject, especially of Pope Gregory XVI, Apostolical Letter, 30 April, 1841, to the Bishops of Hungary.
# Catholic Encyclopedia (1913)/Mocissus

From volume 10 of the work.
A titular metropolitan see of Cappadocia. Procopius (De ædif., V, iv) informs us that this fortified site, in north-western Cappadocia, was constituted metropolis of Cappadocia Tertia by Justinian, when he divided that province into three parts. The emperor gave it the name of Justinianopolis. Nothing is known of its history, and its name should perhaps be written Mocessus. There is no doubt that the site of Mocissus, or Mocessus, is that occupied by the modern town of Kir-Sheir, chief town of a sanjak in the vilayet of Angora, which possesses 8000 inhabitants, most of them Mussulmans. In the neighbourhood of Kir-Sheir there are some important ancient ruins. This metropolis figures in the "Notitiæ episcopatuum" until the twelfth or thirteenth century. Only a few of its titulars are known: the earliest, Peter, attended the Council of Constantinople (536); the last, whose name is not known, was a Catholic, and was consecrated after the Council of Florence by Patriarch Metrophanes of Constantinople.
LE QUIEN, Oriens christ., I, 407; SMITH, Dict. of Greek and Roman Geog., s. v.; RAMSAY, Asia Minor, 300.
S. Pétridès.
# Catholic Encyclopedia (1913)/Johann Ladislaus von Oberwart Pyrker

From volume 12 of the work.
(FELSÖ-EÖR)
He was born at Langh near Stuhlweissenburg, Hungary, 2 Nov., 1772; died at Vienna, 2 Dec., 1847. He was descended from an old Hungarian noble family. His father was one of the eighteen brave hussars who distinguished themselves in the battle of Kunersdorf. Graduated from Stuhlweissenburg and Fuenfkirchen, he applied for a civil service position in Ofen but was unsuccessful. In 1792 he entered the Cistercian chapter house at Lilienfeld, where he was ordained priest (1796). In quick succession he was steward, chancellor, prior, abbot, for a time, parish priest at Türnitz, and brought the monastery to the greatest material and spiritual prosperity. He was appointed Bishop of Zips (1818), Patriarch of Aquileia and Primate of Dalmatia with his see in Venice (1820), and finally Archbishop of Erlau, earning the love and veneration of his diocesans. He founded health resorts in Karlsbad and Gastein for sick soldiers, a seminary for country school teachers at Erlau, and donated 10,000 florins toward the adornment of the cathedral at Erlau. His great collection of paintings forms the basis of the Hungarian National Museum. For these charitable gifts he was knighted by the emperor with the title of Felsö-Eör.
Pyrker wrote dramatic, epic, and lyric poetry. His first dramatic work, "Historische Schauspiele", appeared in 1810, and contained three five-act tragedies: "Die Corvinen", "Karl der Kleine, König von Ungarn", and "Zrinis Tod". It was not even considered worthy of discussion or criticism, and the various editions of his collected works do not contain the dramas. The "Tunisias", an epic in twelve cantos, describing the conquest of Tunis by Charles V, appeared in 1820, and there have been frequent later editions. A sketch of a "Tunisias" with striking resemblances was found in the textbooks of the Jesuit Jacob Masen. It is possible that the Jesuit's textbook (Palæstra eloquentiæ) was used at the time of Pyrker's youth. Another epic, "Rudolphias", glorifies Rudolph of Hapsburg, and was printed in Vienna in 1824. Grillparzer dramatized the same material in his "Ottokars Glück und Ende", which has many similarities with the well-known "Ode to Hapsburg" written by the Latin poet Avancini, S.J., probably read in the schools at the end of the eighteenth century. Pyrker also wrote several short stories: "Die Perlen der heiligen Vorzeit" (1821); "Bilder aus dem Leben Jesu und der Apostel" and "Legenden der Heiligen auf alle Sonntage und Festtage des Jahres" (1842). As a lyric poet Pyrker published only a few monographs, e. g. "Lilienfelds Freude", and "Lieder der Sehnsucht nach den Alpen" (1845).
GÖDEKE, Grundriss der deutschen Dichtung; BRÜHL, Gesch. der Literatur Deutschlands vom 17. Jahrhundert bis zur Gegenwart (1861), 340 sqq.; WURSBACH, Biographisches Lexikon des Kaisertums Qesterreich, XXIV, 115 sq.; SAUER, Allgemeine deutsche Biographie; HEROLD, Friedrich August Klemens Werthes u. die deutschen Zrinydramen (1898); SCHEID, Der Jesuit Masen u. P. N. Avancini, S.J. (Cologne, 1898-9).
N. SCHEID
# Catholic Encyclopedia (1913)/Johann Ludwig Brassicanus

From volume 2 of the work.
Younger brother of Johann Alexander (b. at Tübingen, 1509; d. at Vienna, 3 June, 1549) went to Vienna with his brother in 1524 and likewise won distinction both as a philologist and jurist. He spent some time in the service of Sigmund von Herberstein and Nicholas Olah, and obtained the title of court historiographer of the Roman King, after which he studied law at Heidelberg (after 1532). Having been professor of Greek in Vienna for a short time (1534) and likewise in Padua, where in 1536 he was made doctor iuris, he was appointed professor of the Institutes at Vienna in 1537, and later professor of canon law. King Ferdinand summoned him to his council, at the same coat of arms. He was twice rector of the university and four times dean. In 1544 he was made provincial superintendent, achieving considerable reputation as a public official. He seldom wrote anything for publication, and left only a few addresses and treatises on legal subjects.
JOSEPH SAUER
# Catholic Encyclopedia (1913)/Johann Leonhard Hug

From volume 7 of the work.
A German Catholic exegete, b. at Constance, 1 June, 1765; d. at Freiburg im Br., 11 March, 1846. After finishing his studies at the gymnasium of his native town he went to the University of Freiburg in 1783. He was ordained priest in 1789, and in 1791 became professor of O.T. exegesis in his university; a year later the chair of N.T. exegesis was also assigned to him. His chief works are: "De antiquitate Codicis Vaticani commentatio" (Freiburg, 1810); "Einleitung in die Schriften des N.T." (Stuttgart, 1808—, 4th ed., 1847); "Das hohe Lied" (Freiburg, 1818); "De Pentateuchi versione Alexandrinâ commentarius (Freiburg, 1818); "Gutachten über das Leben Jesu von D.F. Strauss" (Freiburg, 1844); "Erfindung der Buchstabenschrift" (Ulm, 1801). Hug was an independent thinker, a keen student, a man who went to the very roots of things. He entered fearlessly into the camp of the critics of the Semler set. He treated N.T. problems from the historical standpoint. From this their own standpoint he struck hard at the critics. His method was to insist on the truly historical study of the New Testament, and to do away with all subjective criticism; the conjectures that one makes should ever have some foundation in the historical facts of either N.T. or other study. Hug brought his historical criticism to its fullest development in his great work on N.T. introduction. Besides the four German editions of this splendid work various translations appeared. Cellerier edited it under the title: "Essai d'une Introduction Critique au N.T." (Geneva, 1823). The third edition of Hug's work was translated into English by Wait under the title: "An Introduction to the writings of the N.T." (London, 1827). Hug fought single-handed the critics belonging to Semler's school. Each new edition met the new protagonists of the opposite camp. Every destructive theory and hypothesis were mercilessly attacked by him. The fourth edition of the "Einleitung" was posthumous, but had been got ready by Hug for the press. Therein he made clear his conviction that the destructive criticism of his time had run its course. In Germany no Biblical scholar had more influence in stemming that destructive tide than had Hug. Not only his books but numerous articles by Hug, especially in the Freiburg "Zeitschrift", kept up a constant attack on the arbitrary methods and questionable tactics of the negative critics. Even today the historical studies that Hug made in the New Testament are of value to the thorough student of Holy Writ.
MAIER, Gedächtnisrede auf Hug (Freiburg, 1847).
WALTER DRUM
# Catholic Encyclopedia (1913)/Johann Joseph Gassner

From volume 6 of the work.
A celebrated exorcist; b. 22 Aug., 1727, at Braz, Vorarlberg, Austria; d. 4 April, 1779, at Pondorf, on the Danube (Diocese of Ratisbon); studied at Prague and Innsbruck; ordained priest, 1750, and after serving various missions, became parish priest and dean of Pondorf May, 1776. A few years after his appointment to Klosterle in the Diocese of Chur, Switzerland (1758), his health began to fall, so that he was scarcely able to fulfil the duties of his ministry; he consulted various physicians in vain; suddenly he conceived the idea that his infirmities might be due to the influence of the evil spirit and might be cured by spiritual means. His experiment was successful. He applied this method also to others and soon thousands came to him to be healed. The fame of these cures spread far and wide; he was invited to the Diocese of Constance, to Ellwangen, Ratisbon, and other places; everywhere he had the same success.
He was convinced that the evil spirit could harm the body as well as the soul; and hence that some infirmities were not the result of natural agencies, but were caused by the Devil. Only cases of the latter kind were taken up; he applied the exorcisms of the Church, and commanded the evil one to depart from the afflicted, in the name of the Lord Jesus. To find out whether the disease was caused naturally or not, he applied the "probative exorcism", i.e. he commanded the spirit to indicate by some sign has presence in the body. And only then he made use of the "expulsive exorcism". His proceedings were not secret; anyone of good standing, Catholic or Protestant, was admitted. People of all classes, nobles, ecclesiastics, physicians, and others often gathered around him to see the marvels they had heard of. Official records were made, competent witnesses testified to the extraordinary happenings. The character of the work made many enemies for him, but also many stanch friends and supporters. One of his bitterest opponents was the rationalistic professor Johannes Semler of Halle. Also the physician Mesmer pretended that the cures were performed by the animal magnetism of his invention, but he was afraid of confronting Gassner. Among his friends were the Calvinistic minister, Lavater of Zurich, and especially Count Fugger, the Prince-Bishhop of Ratisbon.
Official investigations were made by the ecclesiastical authorities; and all were favourable to Gassner, except that they recommended more privacy and decorum. The University of Ingolstadt appointed a commission, and so did the Imperial Government; they ended with the approval of Gassner's procedure. In fact, he never departed from the Church's teaching or instructions concerning exorcism, and always disclaimed the name of wonder-worker. He was an exemplary priest, full of faith and zeal, and altogether unselfish in his works of mercy.
FRANCIS J. SCHAEFER
# Catholic Encyclopedia (1913)/Johann Kaspar Zeuss

From volume 15 of the work.
Born at Vogtendorf, in Upper Franconia, 22 July, 1806; d. there, 10 Nov., 1856. He was the founder of Celtic philology, an eminent philologist, and studied at the gymnasium of Bamberg. His parents wished that he should enter the priesthood, but the young man chose the scholarly career, inclining particularly to historic and linguistic study. He entered the University of Munich and after finishing his studies, taught there at the gymnasium. In 1837 appeared his book "Die Herkunft der Baiern von den Markomannen" (2nd ed., 1857), which brought him the honorary degree of Ph.D. from the University of Erlangen. The same year he went to Speyer to teach history at the lyceum and remained there until 1847, when he accepted a professorship of history in the University of Munich. But this he resigned on account of his poor health and was transferred to the lyceum in Bamberg. In 1853 appeared his monumental "Grammatica Celtica", which established his fame. Two years later he took a leave of absence to recover his health, but he died the following year.
Zeuss was a scholar of tremendous erudition, combining a knowledge of philology with that of history and ethnology. His Germanic studies had taught him the necessity of a knowledge of the Celtic languages and so he went to work to investigate this neglected field. To get at the sources, the old manuscripts, particularly those in Old Irish, he journeyed to Karlsruhe, Wurtzburg, St. Gall, Milan, London, and Oxford, and everywhere made excerpts or copies. Not only the ancient, but also the modern, dialects received his attention. As a result appeared the great "Grammatica Celtica", which proved beyond doubt that the Celtic languages were a group of the Indo-European family and which put Celtic philology on a sound scientific basis. After the author's death the work was revised and re-edited by Hermann Ebel (Berlin, 1871). It is even to-day of fundamental importance to all Celtic scholars. Other works of Zeuss are the "Traditiones possessionesque Wirzenburgenses" (Speyer, 1842), and "Die Freie Reichstadt Speyer vor ihrer Zerstorung".
GLUCK, Erinnerung an Kaspar Zeuss in Gelehrte Anzingen (Munich, 1857), nos. 61, 62; SCHRODER in Allgemeine Deutsche Biographie, 45, 132-36; MACLEAN, The Literature of the Celts (London, 1900), 376-78.
ARTHUR F.J. REMY
# Catholic Encyclopedia (1913)/Johann Lohel

From volume 9 of the work.
(JOHANN LOHELIUS)
Archbishop of Prague, b. at Eger, Bohemia, 1549; d. 2 Nov., 1622. Of poor parentage, he was piously brought up; at fifteen he was engaged as a domestic in the Norbertine Abbey of Tepl, but was allowed to follow the classes in the abbey school; he soon surpassed his fellow students, and in 1573 received the Norbertine habit. After a two-years novitiate, Lohelius went to study philosophy at Prague. He was ordained in 1576 and was recalled to the abbey. The Lutheran heresy having made inroads into Bohemia, he gave a course of sermons at Tepl, in which he gained the hearts of the heretics, and brought many back to the Church.
In 1579 he became prior of Mount Sion Abbey, at Strahov. The abbot and he strove, with some success, to lift the abbey out of the unfortunate state into which it had fallen; but Lohelius was soon called back to Tepl. However, he was in 1583 allowed to resume the office of prior of Strahov.
Lohelius was elected Abbot of Strahov in 1586. With him a new era of progress and prosperity dawned on the sorely tried Abbey of Strahov. The emperor and the magnates of Bohemia generously assisted him in restoring the church and abbey buildings; the abbot-general, John Despruets, named him his vicar-general and visitor of the circles of Austria, Bohemia, Hungary, and Poland. In 1604 he was consecrated Bishop of Sebaste in partibus, as auxiliary to the Archbishop of Prague. During the illness of Archbishop von Lamberg, Paul V created Lohelius coadjutor in May, 1612. At the death of von Lamberg on 18 Sept., 1612, Lohelius became Archbishop of Prague.
The rescript of Rudolph in 1609 had emboldened the Protestants; having gained the upper hand in Prague, they persecuted the clergy and expelled many priests, regular and secular. The cathedral was altered to suit the Calvinistic worship; the altars were demolished, and the paintings and statues destroyed. Lohelius had taken refuge in Vienna, where he remained until 1620. After the battle of the White Mountain, the archbishop and his chapter, as well as the Jesuits and other religious, returned to Prague. The cathedral, cleansed and refurnished, was again consecrated on 28 Feb., 1621. Lohelius died soon after, of a slow fever; he was buried in the church of Strahov.
F. M. Geudens.
# Canons and Decrees of the Council of Trent/Session XXII/Indiction of the next Session

INDICTION OF THE NEXT SESSION.
Yet further, the same sacred and holy Synod of Trent, appoints the day of the next session for the Thursday after the octave of the feast of All Saints, which will be the twelfth day of the month of November; and it will therein decree touching the sacrament of Orders, and the sacrament of Matrimony, &c.
The session was prorogued until the fifteenth day of July, 1563.
# Canons and Decrees of the Council of Trent/Session XVIII/Indiction of the next Session

INDICTION OF THE NEXT SESSION.
The same sacred and holy Synod of Trent, lawfully assembled in the Holy Ghost,—the same legates of the Apostolic See presiding therein,—ordains and decrees, that the next ensuing session be held and celebrated on the Thursday after the most sacred festival of the Ascension of our Lord, which will be on the fourteenth day of the month of May.
# Canons and Decrees of the Council of Trent/Session XX/Prorogation of the Session

SESSION THE TWENTIETH,
Being the fourth under the Sovereign Pontiff Pius IV., celebrated on the fourth day of June, 1562.
DECREE FOR THE PROROGATION OF THE SESSION.
The sacred and holy, œcumenical and general Synod of Trent, lawfully assembled in the Holy Ghost,—the same legates of the Apostolic See presiding therein,—on account of various difficulties arising from divers causes, and also to the end that all things may proceed in a more befitting manner, and with greater deliberation; to wit, that dogmas may be treated of and sanctioned conjointly with the things relating to Reformation; has decreed that what matters soever it shall seem fit to ordain, as well touching Reformation, as touching dogmas, shall be defined in the next session, which it indicts to all men for the sixteenth day of the month of July next; adding, however, that the same holy ​synod freely may and can, at its will and pleasure, as it shall deem to be expedient for the business of the council, shorten or lengthen the said term, even in a general congregation.