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# Northern Pacific Company v. Booth/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
152 U.S. 671
Northern Pacific Company v. Booth
This was an action to recover damages for the death of Fred. D. Booth, alleged to have been occasioned by the wrongful act or omission of the defendant, brought under the statute of the state of Minnesota in that behalf, which limited the recovery to not exceeding $5,000. The case, being tried to a jury, resulted in a verdict in plaintiff's favor, January 10, 1890, for $5,000, and, after motions for a new trial and in arrest had been overruled, judgment was rendered for that amount on May 12, 1890. On the following 19th of May the circuit court, on motion of the defendant's counsel, apparently made ex parte, ordered the judgment to be amended so as to read that the plaintiff recover the sum of $5,000, 'the amount found to be due by the jury, together with the sum of one hundred and sixteen and 73-100 dollars ($116.73), the amount of interest thereon from the rendition of the verdict to date.'
These proceedings were had at December term, 1889. On July 3, 1890, one of the days of the succeeding June term, plaintiff moved the court to vacate the amendatory order of May 19, which motion was overruled. Defendant thereafter sued out this writ of error. But the writ cannot be maintained unless it appear that the matter in dispute, exclusive of costs, exceeds the sum or value of $5,000, and in this case the judgment would be the measure of the jurisdiction. As originally rendered, this did not exceed that sum, and we are of opinion that it could not be amended on motion of the defendant by the addition of an amount not claimed by plaintiff, so as to bring the case within our jurisdiction. Since the defendant confessedly made its motion with the sole object of obtaining a writ of error not otherwise allowable, and, in doing so, conceded that the amount sought to be added was not in dispute, we decline to permit what was done to be efficacious in the accomplishment of the purpose designed.
Writ of error dismissed.

## 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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# Northern Pacific Company v. Charless

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United States Supreme Court
162 U.S. 359
Northern Pacific Company v. Charless
C. W. Bunn, for plaintiff in error.
Reese H. Voorhees, for defendant in error.
Mr. Justice PECKHAM 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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# Notable South Australians/Rev. James Daniel

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Rev. James Daniel,
AN earnest, unobtrusive preacher, and an old colonist He was for many years the pastor of the Clarendon Baptist Church, in which capacity he was highly esteemed* He died at Morphett Vale, June 24, 1874, aged seventy-one years.
# Notable South Australians/Rev. M. Lencioni, R.C.

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Rev. M. Lencioni, R.C.,
WAS popularly known among his own denomination as "Father Maurice." Born at Lucca, Italy, June 11, 1814, and died at Morphett Vale, April 6, 1864. He was liberally educated, and at the age of 18 devoted his life to the service of the Church, and joined the Congregation of the Passion of Our Lord in Viterbo. He here greatly signalised himself by his urbanity of manner and the progress made in his ecclesiastical studies. Completed his education in Ancona, where he was ordained a priest. In 1841 was employed in ecclesiastical works of importance and trust in connection with the Convents of St. John and St. Paul, at Rome; appointed missionary priest for Australia in 1843, and arrived in Sydney, N.S.W., during the same year. Laboured for four years among the aborigines in Moreton Bay, and became thoroughly acquainted with their language. Arrived in Adelaide in 1847, and resided here upwards of seventeen years. He was an unostentatiously learned divine, a zealous priest, and a good man.
# Notable South Australians/Rev. Silas Mead

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Rev. Silas Mead
IS the pastor of the Flinders-street Baptist Church. He came to this colony at the request of the late George Fife Angas and a committee, with a view to establish a Baptist Church in South Adelaide, upon the basis of church principles commonly held by the Baptist Churches of Great Britain. A small band of twenty-six were first formed into a society under the designation of a Baptist Church, in 1861, and Mi. Mead has continued as its pastor until the present time. More than 1,500 persons have entered into the fellowship of this church since its establishment, and the pastor has immersed in this colony one thousand persons at the date of this writing. As a prominent minister among his co-religionists, he has held the highest offices in the denomination, and has had the pleasure of seeing it multiply tenfold. He is now one of the Professors of the Union College, which embraces the four denominations—Presbyterian, Congregational, Baptist, and Bible Christian. Mr. Mead has taken an active part in the Bible-in-Schools movement, which aims to re-introduce Bible-reading in Public Schools, with explanatory observations by the teacher. Mr. Mead holds the degrees M.A. and LL.B. of the London University, and was also the recipient of honors from that institution, in being Prizeman in the Second Scriptural Examination. He received his college training in the Begent's Park Baptist College. His early life was spent in the West of England, where he was engaged in agriculture.
# Notable South Australians/Rev. James Maughan

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Rev. James Maughan,
THE founder of the Methodist Kew Connexion Church in this colony, was, from his earliest life, associated with that body in England, and became a minister when little over twenty years of age. He laboured successfully in Bradford, Macclesfield, Derby, London, Leeds, Bristol and other places; left England in 1862, and arrived in South Australia, via Melbourne, in September of that year. He was attracted hither by finding a wide and congenial sphere for his endeavours, and soon established himself as an eloquent preacher and able lecturer. Mr. Maughan, by his liberal opinions, gained the respect of many outside his denomination, to whom his amazing activity of mind and body was a source of surprise. He took great delight in scientific and philosophical pursuits, and his lectures on these subjects were deservedly popular. Mr. Maughan was born at Hebburn, Durham, in October 1826, and died in Adelaide on March 8, 1871.
# Notable South Australians/Rev. John Hall Angus

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Rev. John Hall Angus,
A NATIVE of Cramlington, Northumberland. Bom July 24, 1851; left England with his parents by the "Olivia," and arrived at Port Adelaide, November 17, 1853. Educated at the Fellenberg Commercial School under the late Mr. John Martin, and on reaching his 13th year entered the office of Mr. W. A. Wearing, Crown Prosecutor of the Province, with whom he remained until the latter was elevated to the Bench on the removal of Mr. Justice Boothby. From Mr. Wearing's he was transferred to the office of S. J. Way, Esq., the present Chief Justice, and shortly after was accepted as student of the Presbytery of the Presbyterian Church, (August 3, 1869), and pursued his studies in the ​professorial classes at the S.A. Institute until May 19, 1873, when the Church at Mount Pleasant having become vacant through the death of the Rev. Jas. Roddich, Mr. Angus received a call to that pastorate, and was ordained on August 19 in the same year. On the death of the Rev. P. Maclaren, of Port Adelaide, Mr. Angus accepted the position, and was inducted by the Presbytery, May 19, 1879. During the life of Mr. Maclaren steps had been initiated for the erection of a new church, and Mr. Angus had the satisfaction of seeing the present handsome and commodious edifice in St. Vincent-street completed and opened on February 5, 1882. Since 1878 he has been clerk of the Presbytery, vacating the position for one year in order to take the Moderator's Chair at the request of his brethren. Mr. Angus is at present associated with Sir S. Davenport and J. Howard Angas, Esq., in administering the estate of that well-known colonist, the late Geo. Fife Angas, Esq.
# Notable South Australians/Rev. Peter Maclaren

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Rev. Peter Maclaren,
NATIVE of Scotland, and for several years minister of the Presbyterian Church, Port Adelaide. He died on board the s.s. Garonne on his homeward voyage. May 31, 1878, aged 52. Mr. Maclaren, who was a profound student of theology, arrived in Sydney, New South Wales, in 1871, and after about a year came to South Australia. He was the author of several religious works, which were characterised by great vigour and thoroughness, and exhibited traces of a ripened scholarship and forcible style.
# Notable South Australians/Rev. James Lyall

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Rev. James Lyall,
BORN in 1827, at Edinburgh, Scotland. Studied at the Universities of Edinburgh and Glasgow, and at the Divinity Hall, United Presbyterian Church, in the latter city. Engaged for about ten years in mission work in Edinburgh. Arrived in South Australia in 1857, where he took charge of the Presbyterian Church in Gouger-street, and afterwards in Flinders-street, in 1875. He is still the minister of that church, and, notwithstanding his advanced age, active in mind and body. In June, 1884, Mr. Lyall, who had acted as Hon. Clerical Secretary to the Adelaide City Mission for a number of years, resigned that office, in consequence of "heavy domestic affliction, and the paramount duties of his pastorate and Presbytery," requiring his constant attention.
# Notable South Australians/Rev. Percy Wilson

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Rev. Percy Wilson.
THE first Head Master of St. Peter's College, to take which position he came out with Bishop Short. He returned to England, where he held a living near Shrewsbury, and afterwards at Pavenham, Bedfordshire, where he died. He is well-known to temperance advocates as the author of "Frank Oldfield," a prize tale of great merit, and the scene of the story was laid in this colony. Through the kte C. A. Wilson, his brother, the sons of the Rev. P. Wilson, who are recognised in literary circles as possessing much ability, have from time to time contributed most interesting accounts of their travels and experiences to the Adelaide press.
# Notable South Australians/Rev. John Watsford

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Rev. John Watsford
# Notable South Australians/Rev. Samuel Keen

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Rev. Samuel Keen,
BORN in Devonshire in 1818, and passed some time at the Theological Institution in that county. In 1848 he entered the Bible Christian ministry, and travelled in connection with the South Devon Mission, and in the Chatham Circuit for two years, and in these localities evinced much energy and zeal. Arrived in Adelaide in March 1853, and was first stationed at Gawler Plains, where he opened a circuit, and remained seven years. In 1860 he removed to the city, ​and became pastor of the Central Circuit, retaining that position until 1864, when he went to Auburn, and had oversight of the circuit there for three years. In 1867 he was again stationed on the Gawler Circuit, where he remained a similar period. In 1870 he removed to Willunga, and undertook the charge of Port Elliot, Willunga, and Clarendon circuits. Mr. Keen occupied a very prominent position in the administration of the church affairs of the Bible Christian denomination in this colony, and was a member of the district committee. As a preacher and platform speaker his orations were characterised by vigour and effectiveness. He died at Willunga, aged fifty-three, on June 21, 1871.
# Notes on Muhammadanism/Chapter 35

XXXV.—BA′RA WAFA′T.
The Bára Wafát (i. e. Bára, "twelve," and Wafát, "death") is the twelfth day of the month, Rabí-ul-Awwal. It is observed in commemoration of Muhammad's death.
On this day, Fátihahs (i. e. the first chapter of the Qurán), are said for Muhammad; and both in private houses and in the mosques, the learned recite portions of the Traditions and other works in praise of the excellences of Muhammad. These customs are usually observed for the whole twelve days, although the twelfth day is held most sacred.
The Wahhábís do not observe the Bára Wafát, as its observance is not enjoined in the Qurán or Hadís.
# Notes on Muhammadanism/Chapter 36

XXXVI.—SHAB-I-BARA′T.
Shab-i-Bara′t, the "night of record," is observed on the fifteenth day of the month, Shʾabán. It is the "Guy Fawkes Day" of India, being the night for display of fireworks.
On this night, Muhammad said, God registers annually all the actions of mankind which they are to perform during the year; and that all the children of men, who are to be born and to die in the year, are recorded. Muhammad enjoined his followers to keep awake the whole night, to repeat one hundred rakʾat prayers, and to fast the next day; but there are generally great rejoicings instead of a fast, and large sums of money are spent in fireworks. The Shab-i-Barát must not be confounded with ​the Laylat-ul-Qadr (night of power), mentioned in the Qurán, which is the twenty-seventh night of the Ramazán. The Shab-i-Barát, however, is frequently called Shab Qadr, or the night of power, by the common people.
# Notes on Muhammadanism/Chapter 37

XXXVII.—ʾID-UL-FITR, OR THE LESSER FESTIVAL.
ʾId-ut-Fitr (lit. "the feast of breaking the fast"), is called also the feast of Ramazán, the Feast of Alms, and the Minor Festival. It is held on the first day of the month of Shawwál, which is the day after the close of the Ramazán fast. On this day, before going to the place of prayer, the Sadaqa, or propitiatory offerings, are made to the poor in the name of God. The offerings having been made, the people assemble either in the Jamaʾ-i-Masjid (i. e. the principal mosque), or proceed to the ʾIdgah, which is a special place for worship on festivals. The worship commences with two rakʾat prayers, after which the Imám takes his place on the second step of the mimbar (pulpit) and recites the Khutbah, concluding with a prayer for the king. After this is ended, he offers up a munáját, or supplication, for the people, for the ​remission of sins, the recovery of the sick, increase of rain, abundance of corn, preservation from misfortune, and freedom from debt. He then descends to the ground, and makes further supplication for the people, the congregation saying Amín at the end of each supplication. At the close of the service the members of the congregation salute and embrace each other, and offer mutual congratulations, and then return to their homes, and spend the rest of the day in feasting and merriment.
# Notes on Muhammadanism/Chapter 32

XXXII.—THEOLOGICAL LITERATURE.
Muhammadan theological literature is very extensive, and m consequence of the cheapness of lithographic printing, it is daily increasing.
The following are its chief divisions:—
(1.) Hadís.—Accounts of the precepts and practice of Muhammad. The collectors of Hadís may be numbered by hundreds, but the chief authorities are the six books known as the Siháh-i-Sita, or "six correct books." The popular work on the subject amongst the Sunnis of India being the Mishkát-ul-Musábih. (See article on Traditions.)
(2.) Usúl (lit. "roots").—Treatises on the rules and principles of the four foundations of the Islám law,—being expositions of the exegesis of the Qurán and Hadís, and the principles of Ijmaʾ and Qiás. The most popular works on this subject are the Manár, by ​Abdullah ibn Ahmad, A.H. 710, and the Talwiʾ Tauziaʾ, by ʾUbaid-Ullah ibn Masʾud, A.H. 747.
(3.) ʾAqáid (lit. "creeds").—Expositions of scholastic theology, founded upon the six articles of faith. The most celebrated exposition of the Islám creed being that by Imám Ghazáli, A.H. 505. In India the work most read is the Sharah-i-ʾAqáid, by Maulaví Masʾud Sʾad-ud-din Taftazáni, A.H. 792.
(4.) Fiqah.—Works on Muhammadan law, whether civil or religious. The work most read amongst Sunnis is the Hidáyah, written by a learned man named ʾAli, A.H. 593; part of which has been translated by the late Colonel Charles Hamilton. A smaller work, entitled the Sharah Waqaiah, by Abdul Haqq, is also much used.
(5.) Tafsír.—Commentaries on the Qurán. These are very numerous, and contain very many Jewish traditions of the most worthless character. One of the latest and most learned of these productions is said to be the short commentary by Shah Wali Ullah of Delhi, who died A.H. 1176.
The best known commentaries amongst the Sunnis are Baizáwi (A.H. 685), Madárik (A.H. ​701), Jalálain A.H. 911), Baghawi (A.H. 515), Mazhári (A.H.1225), Hoseini A.H. 900).
(6.) Síyar.—Ecclesiastical history, i. e. the history of Muhammad and his successors. This branch of literature, Sayyid Ahmad Khan of Aligarh says, "is the one which requires the most emendation."
The chief authorities on the life of Muhammad and early days of Islám, in addition to the Hadís, are Ibn Isháq, Ibn Hishám, Wáqidi, and Tabarí; whilst the most popular histories amongst the Sunnis of India are the Rawzat-ul-Ahbáb, by ʾAtaa Ullah ibn Fazl Ullah, A.H. 1000, and the Madárij-un-Nabuwat, by Shekh Abdul Haqq, A.H. 1025.
In addition to his theological studies, the Muhammadan student is instructed in Mantiq (logic), Sarf (inflexion), and Nahw (syntax).
The text of a book is called Matan, the marginal notes Hashíyah, and its commentary Sharh.
# Notes on Muhammadanism/Chapter 34

XXXIV.—A′KHIRI CHAHA′R SHAMBA.
A′khiri Chaha′r Shamba is the "last Wednesday" of the month of Safar, and is a feast held in commemoration of Muhammad's having experienced some mitigation of his last illness and having bathed. It was the last time he performed the legal bathing, for he died on the twelfth day of the next month. In some parts of Islám it is customary, in the early morning of this day, to write seven verses of the Qurán, known as the Seven Saláms, and then wash off the ink and drink it as a charm against evil.
The A′khiri Chahár Shamba is not observed by the Wahhábís, not being enjoined in the Qurán and Hadís.
# On Echoes

Source Bibl. Bodlein MS Rawl. Letters 58
In the Chapter of Echoes etc. It would bee of noe small ornament and curiositie to contrive a whispering-place; for if the Arching bee ellepticall made by a line of a double center denoting the 2 focus of the ellepsis, these whispering places may bee made. For in the longest diameter of an elleipsis there are 2 poynts named the foci, always equidistant from the center, from one thereof if a line bee drawne unto the circumference soe reflecting that the angle of reflection bee equall unto that of incidence, they will reflect unto the other focus, and soe the sound bee conveyed unto him whose eare lyeth at it. And therefore if wee whisper at one focus, all the vocall rayes wch are caryed unto the circumference of the elleipsis are by reflexion all united in the other focus, and by the multitude and union of these reflexed rayes the voyce bee strogly heard at the other extreme or focus, not easily in the middle unto wch one direct and single ray only arriveth.
Nor to rest in the bare Architect or fabrick, butt upon the same to inscribe the mechanicall draught wherin lye the causes and reasons of this Admirable Effect, the figure being drawne in red or blewe extending the whole length of the arch, and each focus denoted by some mark or speciall colour wherat may stand 2 figures of Cupids, boyes or handsome draughts wth the mouth to the one focus the eare unto the other, according to this draught the rule wch containeth the mysterie of this effect.
Neere the same in other spaces may bee drawne the best acustick instruments contrived for advantage of hearing, such as may bee seen in Bellinis
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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# On Education

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* "On Education" by Arthur Schopenhauer, translated by Thomas Bailey Saunders
* "On Education" by Wen Tsungyao
# On Eastnor Knoll

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Silent are the woods, and the dim green boughs are
Hushed in the twilight: yonder, in the path through
The apple orchard, is a tired plough-boy
Calling the cows home.
A bright white star blinks, the pale moon rounds, but
Still the red, lurid wreckage of the sunset
Smoulders in smoky fire, and burns on
The misty hill-tops.
Ghostly it grows, and darker, the burning
Fades into smoke, and now the gusty oaks are
A silent army of phantoms thronging
A land of shadows.
This work is in the public domain in the United States because it was published before January 1, 1929.
This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# On Donne's Poetry

With Donne, whose muse on dromedary trots, Wreathe iron pokers into true-love knots; Rhyme's sturdy cripple, fancy's maze and clue, Wit's forge and fire-blast, meaning's press and screw.
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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