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# San Francisco v. Itsell/Opinion of the Court

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* Opinion of the Court
United States Supreme Court
133 U.S. 65
San Francisco v. Itsell
This court has no jurisdiction to review a judgment of the highest court of a state, unless a federal question has been, either in express terms or by necessary effect, decided by that court against the plaintiff in error. Rev. St. § 709; Water-Works v. Sugar Refining Co., 125 U.S. 18, 8 Sup. Ct. Rep. 741; De Saussure v. Gaillard, 127 U.S. 216, 8 Sup. Ct. Rep. 1053; Hale v. Akers, 132 U.S. --, ante, 171. In the present case, the record of the pleadings, findings of fact, and judgment shows that it was unnecessary for that court to decide, and its opinion filed in the case and copied in the record shows that it did not decide, any question against the plaintiff in error, except the issue whether the former judgment rendered against it, and in favor of the grantor of the defendants in error, was a bar to this action. That was a question of general law only, in no wise depending upon the constitution, treaties, or statutes of the United States. Chouteau v. Gibson, 111 U.S. 200, 4 Sup. Ct. Rep. 340. Writ of error dismissed, for want of jurisdiction.

## Notes

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# San Joaquin Kings River Canal Irrigation Company v. County of Stanislaus

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United States Supreme Court
233 U.S. 454
San Joaquin Kings River Canal Irrigation Company v. County of Stanislaus
Argued: March 18, 1914. --- Decided: April 27, 1914
Messrs. Edward F. Treadwell, Garret W. McEnerney, Frank H. Short, Aldis B. Browne, and Alexander Britton for appellant.
Messrs. James P. Langhorne, L. J. Maddux, Parker S. Maddux, Denver S.C.hurch, M. F. McCormick, and H. S. Shaffer for appellees.
[Argument of Counsel from pages 455-458 intentionally omitted]
Mr. Justice Holmes delivered the opinion of the court:

## Notes

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# San Jose

* Search for titles containing or beginning with: "San Jose."
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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.
* "San Jose," in The New Student's Reference Work, Chicago: F.E. Compton and Co. (1914)
* "San José (California)," in Encyclopædia Britannica, Ninth Edition (1875–1889)
* "San José," in Encyclopædia Britannica (11th ed., 1911)
* "San José (California)," in Collier's New Encyclopedia, New York: P. F. Collier & Son Co. (1921)
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 17

Chapter XVII. The Service of the Ruler.
The Master said, 'The superior man serves his ruler in such a way, that when at court in his presence his thought is how to discharge his loyal duty to the utmost; and when he retires from it, his thought is how to amend his errors. He carries out with deference the measures springing from his excellent qualities, and rectifies him (only) to save him from what are evil. Hence, as the superior and inferior, they are able to have an affection for each other.
"In my heart I love him; And why should I not say so? In the core of my heart I keep him, And never will forget him."'
* ↑ 'The superior man' here can only be the good and intelligent officer in the royal domain or at a feudal court.
* ↑ See the Shih, II, viii, ode 4, stanza 4.
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 10

Chapter X. An Orderly Description of the Acts of Filial Piety.
The Master said, 'The service which a filial son does to his parents is as follows:—In his general conduct to them, he manifests the utmost reverence; in his nourishing of them, his endeavour is to give them the utmost pleasure; when they are ill, he feels the greatest anxiety; in mourning for them (dead), he exhibits every demonstration of grief; in sacrificing to them, he displays the utmost solemnity. When a son is complete in these five things (he may be pronounced) able to serve his parents.
​'He who (thus) serves his parents, in a high situation, will be free from pride; in a low situation, will be free from insubordination; and among his equals, will not be quarrelsome. In a high situation pride leads to ruin; in a low situation insubordination leads to punishment; among equals quarrelsomeness leads to the wielding of weapons.
'If those three things be not put away, though a son every day contribute beef, mutton, and pork to nourish his parents, he is not filial.'
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 15

Chapter XV. Filial Piety in Relation to Reproof and Remonstrance.
The disciple Zăng said, 'I have heard your instructions on the affection of love, on respect and reverence, on giving repose to (the minds of) our parents, and on making our name famous;—I would venture to ask if (simple) obedience to the orders of one's father can be pronounced filial piety.' The Master replied, 'What words are these! what words are these! Anciently, if the Son of Heaven had seven ministers who would remonstrate with him, ​although he had not right methods of government, he would not lose his possession of the kingdom; if the prince of a state had five such ministers, though his measures might be equally wrong, he would not lose his state; if a great officer had three, he would not, in a similar case, lose (the headship of) his clan; if an inferior officer had a friend who would remonstrate with him, a good name would not cease to be connected with his character; and the father who had a son that would remonstrate with him would, not sink into the gulf of unrighteous deeds. Therefore when a case of unrighteous conduct is concerned, a son must by no means keep from remonstrating with his father, nor a minister from remonstrating with his ruler. Hence, since remonstrance is required in the case of unrighteous conduct, how can (simple) obedience to the orders of a father be accounted filial piety?'
* ↑ The numbers 7, 5, 3, 1 cannot be illustrated by examples, nor should they be insisted on. The higher the dignity, the greater would be the risk, and the stronger must be the support that was needed.
* ↑ Compare the Analects, IV, xviii, and the Lî Kî, X, i, 15.
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 18

Chapter XVIII.
Filial Piety in Mourning for Parents.
The Master said, 'When a filial son is mourning for a parent, he wails, but not with a prolonged sobbing; in the movements of ceremony he pays no attention to his appearance; his words are without elegance of phrase; he cannot bear to wear fine clothes; when he bears music, he feels no delight; when he eats a delicacy, he is not conscious of its flavour:—such is the nature of grief and sorrow.
'After three days he may partake of food; for thus the people are taught that the living should not be injured on account of the dead, and that emaciation must not be carried to the extinction of life:—such is the rule of the sages. The period of mourning does not go beyond three years, to show the people that it must have an end.
'An inner and outer coffin are made; the grave-clothes also are put on, and the shroud; and (the body) is lifted (into the coffin). The sacrificial vessels, round and square, are (regularly) set forth, and (the sight of them) fills (the mourners) with (fresh) distress. The women beat their breasts, and the men stamp with their feet, wailing and weeping, while they sorrowfully escort the coffin to the grave. They consult the tortoise-shell to determine the grave and the ground about it, and ​there they lay the body in peace. They prepare the ancestral temple (to receive the tablet of the departed), and there present offerings to the disembodied spirit. In spring and autumn they offer sacrifices, thinking of the deceased as the seasons come round.
'The services of love and reverence to parents when alive, and those of grief and sorrow to them when dead:—these completely discharge the fundamental duty of living men. The righteous claims of life and death are all satisfied, and the filial son's service of his parents is completed.'
The above is the Classic of Filial Piety, as published by the emperor Hsüan in A.D. 722, with the headings then prefixed to the eighteen chapters. Subsequently, in the eleventh century, Sze-mâ Kwang (A.D. 1009–1086), a famous statesman and historian, published what he thought was the more ancient text of the Classic in twenty-two chapters, with 'Explanations' by himself, without indicating, however, the different chapters, and of course without headings to them. This work is commonly published along with an 'Exposition' of his views, by Fan Zû-yü, one of his contemporaries and friends. The differences between his text and that of the Thang emperor are insignificant. He gives, however, one additional chapter, which would be the nineteenth of his arrangement. It is as follows:—'Inside the smaller doors leading to the inner apartments are to be found all the rules (of government). There is awe for the father, and also for the elder brother. Wife and children, servants and concubines are like the common people, serfs, and underlings.'
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 11

Chapter XI. Filial Piety in Relation to the Five Punishments.
The Master said, 'There are three thousand offences against which the five punishments are directed, and there is not one of them greater than being unfilial.
'When constraint is put upon a ruler, that is the disowning of his superiority; when the authority of the sages is disallowed, that is the disowning of (all) law; when filial piety is put aside, that is the disowning of the principle of affection. These (three things) pave the way to anarchy.'
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 14

Chapter XIV. Amplification of 'Making our Name Famous' in Chapter I.
The Master said, 'The filial piety with which the superior man serves his parents may be transferred as loyalty to the ruler; the fraternal duty with which he serves his elder brother may be transferred as submissive deference to elders; his regulation of his family may be transferred as good government in any official position. Therefore, when his conduct is thus successful in his inner (private) circle, his name will be established (and transmitted) to future generations.'
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 12

Chapter XII. Amplification of 'the All-embracing Rule of Conduct' in Chapter I.
The Master said, 'For teaching the people to be affectionate and loving there is nothing better than Filial Piety; for teaching them (the observance of) propriety and submissiveness there is nothing better than Fraternal Duty; for changing their manners ​and altering their customs there is nothing better than Music; for securing the repose of superiors and the good order of the people there is nothing better than the Rules of Propriety.
'The Rules of Propriety are simply (the development of) the principle of Reverence. Therefore the reverence paid to a father makes (all) sons pleased; the reverence paid to an elder brother makes (all) younger brothers pleased; the reverence paid to a ruler makes (all) subjects pleased. The reverence paid to one man makes thousands and myriads of men pleased. The reverence is paid to a few, and the pleasure extends to many;—this is what is meant by an "All-embracing Rule of Conduct."'
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 13

Chapter XIII. Amplification of 'the Perfect Virtue' in Chapter I.
The Master said, 'The teaching of filial piety by the superior man does not require that he should go to family after family, and daily see the members of each. His teaching of filial piety is a tribute of reverence to all the fathers under heaven; his teaching of fraternal submission is a tribute of reverence to all the elder brothers under heaven; his teaching of the duty of a subject is a tribute of reverence to all the rulers under heaven.
"The happy and courteous sovereign Is the parent of the people."
'If it were not a perfect virtue, how could it be recognised as in accordance with their nature by the people so extensively as this?'
* ↑ The Kün-zze, or 'superior man,' here must be taken of the sovereign. P. Cibot translates it by 'un prince.'
* ↑ See the Shih, III, ii, ode 7, stanza 1. The two lines of the Shih here are, possibly, not an interpolation.
# Sacred Books of the East/Volume 3/The Hsiao/Chapter 16

Chapter XVI. The Influence of Filial Piety and the Response to it.
The Master said, 'Anciently, the intelligent kings served their fathers with filial piety, and therefore they served Heaven with intelligence; they served their mothers with filial piety, and therefore they served Earth with discrimination. They pursued ​the right course with reference to their (own) seniors and juniors, and therefore they secured the regulation of the relations between superiors and inferiors (throughout the kingdom).
'When Heaven and Earth were served with intelligence and discrimination, the spiritual intelligences displayed (their retributive power).
'Therefore even the Son of Heaven must have some whom he honours; that is, he has his uncles of his surname. He must have some to whom he concedes the precedence; that is, he has his cousins, who bear the same surname, and are older than himself. In the ancestral temple he manifests the utmost reverence, showing that he does not forget his parents; he cultivates his person and is careful of his conduct, fearing lest he should disgrace his predecessors.
'When in the ancestral temple he exhibits the ​utmost reverence, the spirits of the departed manifest themselves. Perfect filial piety and fraternal duty reach to (and move) the spiritual intelligences, and diffuse their light on all within the four seas;—they penetrate everywhere.
"From the west to the east, From the south to the north, There was not a thought but did him homage."'
* ↑ This chapter is as difficult to grasp as the seventh, which treated of Filial Piety in Relation to 'the Three Powers.' It is indeed a sequel to that. Heaven and Earth appear as two Powers, or as a dual Power, taking the place of Heaven or God. We can in a degree follow the treatise in transferring the reverence paid by a son to his father to loyalty shown by him to his ruler; but it is more difficult to understand the development of filial piety into religion that is here assumed and described. Was it not the pressing of this virtue too far, the making more of it than can be made, that tended to deprave religion during the Kâu dynasty, and to mingle with the earlier monotheism a form of nature-worship?Hsing Ping, in his 'Correct Meaning,' makes the 'discrimination' here to be 'an ability to distinguish the advantages of the earth;'—showing how he had the sixth and seventh chapters in his mind.
* ↑ 'The Spiritual Intelligences' here are Heaven and Earth conceived of as Spiritual Beings. They responded to the sincere service of the intelligent kings, as Hsing Ping says, with 'the harmony of the active and passive principles of nature, seasonable winds and rain, the absence of epidemic sickness and plague, and the repose of all under heaven.' Compare with this what is said in 'the Great Plan' of the Shû, pp. 147, 148.
* ↑ The reader will have noticed many instances of this, or what were intended to be instances of it, in the translations from the Shih, pp. 365–368, &c.
* ↑ See the Shih, III, i, ode 10, stanza 6.
# Seitz v. Mitchell

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United States Supreme Court
94 U.S. 580
Seitz v. Mitchell
APPEAL from the Supreme Court of the District of Columbia.
The facts are stated in the opinion of the court.
Mr. A. G. Riddle and Mr. Francis Miller for the appellant.
Mr. R. Ross Perry, 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).
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# Seismograph Service Corp. v. Monaghan/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
361 U.S. 35
Seismograph Service Corp. v. Monaghan
The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

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# Seismograph Service Corp. v. Monaghan

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United States Supreme Court
361 U.S. 35
Seismograph Service Corp. v. Monaghan
Mr. Donald C. Beelar, for appellant.
Mr. John E. Stone, for appellee.
PER CURIAM.

## Notes

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# Scales v. United States (355 U.S. 1)/Opinion of the Court

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* Case Syllabus
* Opinion of the Court
United States Supreme Court
355 U.S. 1
Scales v. United States
Upon consideration of the entire record and the confession of error by the Solicitor General, and judgment of the United States Court of Appeals for the Fourth Circuit is reversed. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103.

## Notes

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# Scales v. United States (360 U.S. 924)

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United States Supreme Court
360 U.S. 924
Scales v. United States
Mr. Telford Taylor (Mr. McNeill Smith, on the brief), for petitioner.

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# Scales v. United States (361 U.S. 952)

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United States Supreme Court
361 U.S. 952
Junius Irving SCALES, petitioner, v. UNITED STATES of America.
John Francis NOTO, petitioner,
v.
UNITED STATES.
No. 464. Supreme Court of the United States
February 5, 1960
Messrs. Telford Taylor and McNeill Smith, for petitioner in No. 8.
Solicitor General Rankin, Assistant Attorney General Yeagley, Messrs. Kevin T. Maroney and John F. Davis, for the United States in No. 8.
Mr. John J. Abt, for petitioner in No. 464.
Solicitor General Rankin, Assistant Attorney General Yeagley and Mr. Kevin T. Maroney, for the United States in No. 464.
These two cases were set for argument on February 23 next. In the meantime there intervened the filing of the petition in No. 537, which we have just granted. Nos. 8 and 464 arose under the Smith Act (Act of June 25, 1948, c. 645, § 2385, 62 Stat. 808, 18 U.S.C.A. § 2385) and No. 537 under Title I of the Internal Security Act of 1950 (Act of September 23, 1950, c. 1024, 64 Stat. 987, 50 U.S.C.A. § 783(f)). However, some of the constitutional and statutory issues raised by these two enactments are clearly interrelated and their determination in the two former cases may affect their determination in the latter case and vice versa. Accordingly, the Court deems it important that these three cases be heard and considered together. Since the Court's calendar for the remainder of the Term precludes this, Nos. 8 and 464 are reset for argument on Monday, October 10, 1960, to be followed immediately by the argument in No. 537.
Mr. Justice CLARK, dissenting.

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# Scales v. United States (367 U.S. 203)

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## Dissenting Opinions

    Black
    Douglas
    Brennan
United States Supreme Court
367 U.S. 203
Scales v. United States
Argued: Oct. 10, 1960. --- Decided: June 5, 1961
See 366 U.S. 978, 81 S.Ct. 1912.
[Syllabus from pages 203-204 intentionally omitted]
Mr. Telford Taylor, New York City, for petitioner.
Mr. John F. Davis, Washington, D.C., for respondent.
Mr. Justice HARLAN delivered the opinion of the Court.

## Notes

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# Shakespeare's Sonnets (1883)/Sonnet 1

HEAD OF EROS (CUPID), FROM THE ANTIQUE.
SONNETS.
I.
From fairest creatures we desire increase, That thereby beauty's rose might never die, But as the riper should by time decease, His tender heir might bear his memory; But thou, contracted to thine own bright eyes, Feed'st thy light's flame with self-substantial fuel, Making a famine where abundance lies, Thyself thy foe, to thy sweet self too cruel. Thou, that art now the world's fresh ornament And only herald to the gaudy spring, Within thine own bud buriest thy content And, tender churl, mak'st waste in niggarding.  Pity the world, or else this glutton be,  To eat the world's due, by the grave and thee.
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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# Shakespeare's Sonnets

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A set of 154 sonnets written by William Shakespeare and first published in 1609.
* Shake-speares Sonnets, Never before Imprinted, first published edition (1609)
* Shakespeare's Sonnets, edited by William J. Rolfe (1883) (transcription project)
* The Sonnets of William Shakspere, edited by Edward Dowden (1887) (external scan)
* Shakespeare's Sonnets, illustrated by Henry Ospovat (1899) (external scan)
* Shakespeare's sonnets, being a reproduction in facsimile of the first edition, 1609 (1905) (external scan)
* Shakespeare's Complete Sonnets, edited by C. M. Walsh (1908) (external scan)
* Shakespeare's Sonnets, edited by A. H. Bullen (1921) (external scan)
* Shakespeare's Sonnets, edited by Edward Bliss Reed, The Yale Shakespeare (1923)
The Sonnets of William Shakespeare
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago. Translations or editions published later may be copyrighted.
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# Shakespeare's Songs/Winter

From Love's Labour's Lost.
WINTER
When icicles hang by the wall, And Dick the shepherd blows his nail, And Tom bears logs into the hall, And milk comes frozen home in pail, When blood is nipt and ways be foul, Then nightly sings the staring owl, Tu-whit; Tu-who, a merry note, While greasy Joan doth keel the pot.
When all aloud the wind doth blow, And coughing drowns the parson's saw, And birds sit brooding in the snow, And Marian's nose looks red and raw, When roasted crabs hiss in the bowl, Then nightly sings the staring owl, Tu-whit; Tu-who, a merry note, While greasy Joan doth keel the pot.