OpenLLM-France/wikimedia huggingface dataset:
# Daniels v. Craddock

* related portals: Supreme Court of the United States.
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United States Supreme Court
237 U.S. 574
Daniels v. Craddock
Argued: April 21 and 22, 1915. ---
Messrs. Harrison G. Platt, Alexander Britton, Robert Treat Platt, and Hugh Montgomery for appellant.
Messrs. Will R. King, L. F. Conn, and F. M. Saxton for appellees.
Mr. Chief Justice White 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
# Daniels v. Johnston/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
237 U.S. 568
Daniels v. Johnston
Argued: April 21 and 22, 1915. --- Decided: June 1, 1915
These four cases were embraced among the fifteen which were argued by the appeilant in one brief. For the appellees, however, they were argued in an elaborate brief which presses upon our attention fifteen different propositions. Without going into detail, however, after giving them all careful examination we think none of them affords ground for sustaining the action of the court below in maintaining the demurrers, first, because many of them rest upon contentions concerning the good faith of Daniels in purchasing from the state of Oregon the right to lands under the school indemnity lists which, even if that subject were relevant to the issues here arising, are without merit, since they they but contradict and conflict with the finding by the Secretary of the Interior as to good faith, which finding we have pointed out in No. 239 [[[237 U.S. 547]], 59 L. ed. --, 35 Sup. Ct. Rep. 740]. Second, because other of the propositions dispute in various forms of statement the finding of the Secretary that the applicant or applicants for the lieu entry or entries had complied with every requirement of the statute and regulations which were prerequisite to the allowance of the right which they claimed. And finally, because the remainder perhaps not directly, but certainly by indirection, seek to establish as a matter of construction under the act of 1897 [30 Stat. at L. 11, chap. 2] that the Department possessed the discretionary power which it asserted.
We have not included in this classification of the propositions the first three, which advance the theory that because patents had been issued to the subordinate entrymen in Nos. 234 and 235, therefore there was no right on the part of the lieu entrymen to assail the patent by indirection by seeking to impose a trust upon the title which the patents represent. But this view is so directly in conflict with the well-settled principle on that subject that we deem it unnecessary to say more. Lee v. Johnson, 116 U.S. 48, 29 L. ed. 570, 6 Sup. Ct. Rep. 249; Duluth & I. R. R. Co. v. Roy, 173 U.S. 587, 43 L. ed. 820, 19 Sup. Ct. Rep. 549; Burke v. Southern P. R. Co. 234 U.S. 669, 692, 58 L. ed. 1527, 1549, 34 Sup. Ct. Rep. 907.
For these reasons and those stated in No. 239, the decrees sustaining the demurrers in these cases must be reversed, and the cases remanded for further proceedings in accordance with the opinion in this and in No. 239.
Reversed.

## 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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# Daniels v. Merrithew

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
237 U.S. 570
Daniels v. Merrithew
Argued: April 21 and 22, 1915. ---
Messrs. Harrison G. Platt, Alexander Britton, Robert Treat Platt, and Hugh Montgomery for appellant.
Messrs. A. W. Lafferty, P. A. Lafferty, H. M. Manning, and Arthur I. Moulton for appellees.
Mr. Chief Justice White 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
# Daniels v. Bernhard/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
237 U.S. 572
Daniels v. Bernhard
Argued: April 21 and 22, 1915. --- Decided: June 1, 1915
The printed argument for the appellant in these four cases was presented in the one brief embracing No. 239 [[[237 U.S. 547]], 59 L. ed. --, 35 Sup. Ct. Rep. 740], and the other fourteen cases referred to in that case, but they were separately briefed for the appellees. The separate brief covers fifteen propositions of law, or it may be, in some aspects, of intermingled law and fact, each supported by a copious citation of authority. All but one or two of the propositions are directly or indirectly urged as a means of support for the possession by the Land Department of the discretionary power which the Department assumed it possessed, and the possession of which was sustained by the court below. As in No. 239 we have held that proposition to be without merit, it follows that there is no necessity for reviewing the propositions relied upon, as they present the subject in no new aspect. We say, however, without stopping to state and review them, that many of the propositions but enunciate elementary rules of construction about which there could be no dispute, but which are inapplicable to the question here arising for decision.
Moreover, in concluding, we observe that the proposition that Osborn v. Froyseth, 216 U.S. 571, 54 L. ed. 619, 30 Sup. Ct. Rep. 420, established the doctrine that the sole remedy of the complainant under the circumstances here disclosed was to have proceeded by mandamus against the Secretary of the Interior when his final decision was rendered finds no support on the face of the case relied upon, and is absolutely in conflict with the elementary and settled doctrine to the contrary.
As these reasons, as well as those stated in No. 239, are conclusive that the demurrers in these cases should not have been sustained, it follows that the decrees sustaining the demurrers in these cases must be and they are reversed and remanded for further proceedings in accordance with this and the opinion in No. 239.
Reversed.

## 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
# Daniels v. Craddock/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
237 U.S. 574
Daniels v. Craddock
Argued: April 21 and 22, 1915. ---
Included among the fifteen cases which were argued by the appellant in a single brief, this case was separately argued by the appellees. The brief pressed upon our attention seven propositions, all of which we are of opinion are disposed of by the views announced in No. 239 [[[237 U.S. 547]], 59 L. ed. --, 35 Sup. Ct. Rep. 740], since the propositions all in substance either conflict with the finding of the Secretary of the Interior as to the performance by the lieu applicants of every essential requirement to entitle them to make the entry, or directly or indirectly assert the possession by the Land Department, at least as to the lieu entries, of the discretionary power which was asserted and recognized by the court below. It follows, therefore, that for the reasons here stated and those expressed in No. 239 the judgment must be and it is reversed, and the case is remanded for further proceedings in accordance with this and the opinion in No. 239.
Reversed.

## 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
# Daniel v. Whartenby

* related portals: Supreme Court of the United States.
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United States Supreme Court
84 U.S. 639
Daniel v. Whartenby
IN error to the Circuit Court for the District of Delaware.
James Whartenby brought ejectment in the court below against William Daniel and others for certain premises in the State of Delaware.
Under the instructions given to the jury a verdict was rendered in favor of the plaintiff and judgment was entered accordingly. The defendants, having excepted to the instructions, sued out this writ of error and brought the case here for review.
Mr. Reverdy Johnson, for the plaintiffs in error; Messrs. T. F. and J. A. Bayard, contra.
Mr. Justice SWAYNE stated the case and 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
# Daniels v. Bernhard

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
237 U.S. 572
Daniels v. Bernhard
Argued: April 21 and 22, 1915. --- Decided: June 1, 1915
Messrs. Harrison G. Platt, Alexander Britton, Robert Treat Platt, and Hugh Montgomery for appellant.
Mr. J. H. Carnahan for appellees.
Mr. Chief Justice White 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
# Daniels v. Johnston

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
237 U.S. 568
Daniels v. Johnston
Argued: April 21 and 22, 1915. --- Decided: June 1, 1915
Messrs. Harrison G. Platt, Alexander Britton, Robert Treat Platt, and Hugh Montgomery for appellant.
Messrs. Homer D. Angell, William D. Fenton, and Forrest S. Fisher for appellees.
Mr. Chief Justice White 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
# Dictionary of Christian Biography and Literature to the End of the Sixth Century/Epiphanius Scholasticus

Epiphanius (39) Scholasticus, an ecclesiastic c. a.d. 510, of whom we know scarcely anything except that he was the friend of Cassiodorus, the celebrated head of the Monasterium Vivariense. He apparently bore the name Scholasticus, not so much because of any devotion to literature or theology, but in the sense that word frequently had in the middle ages, meaning a chaplain, amanuensis, or general assistant of any dignitary of the church (Du Cange, Glossarium, s.v.). In this relationship, in all probability, Epiphanius stood to his distinguished master, by whom he was summoned to take a part in urging his monks to classical and sacred studies, and especially to the transcription of manuscripts. To Epiphanius was assigned the translation into Latin of the histories of Socrates, Sozomen, and Theodoret. Cassiodorus revised the work, corrected faults of style, abridged it, and arranged it into one continuous history of the church. He then published it for the use of the clergy. The book attained a high reputation. It was known as the Tripartite History; and, along with the translation of Eusebius by Rufinus, it became the manual of church history for the clergy of the West for
many centuries. The book is generally pub. as if Cassiodorus were its author, under the title of Historiae Ecclesiasticae Tripartitae Epitome.
Epiphanius translated several additional works, such as the commentaries of Didymus upon the Proverbs of Solomon and the seven Catholic Epistles, those of Epiphanius bp. of Cyprus upon the Canticles, and perhaps others, of which one survives, and may be found in Labbe (Conc. t. v.), namely, his Codex Encyclicus, a work to which he was also urged by Cassiodorus. It is a collection of letters addressed by different synods to the emperor Leo in defence of the decrees of the council of Chalcedon against Timotheus Aelurus.
[W.M.]
# Dictionary of Christian Biography and Literature to the End of the Sixth Century/Eraclius, deacon of the church of Hippo

Eraclius (1) (Heraclius, in the older editions Eradius), deacon of the church of Hippo a.d. 425, had inherited considerable property, part of which he spent in raising a "memoria" of the martyr [Stephen]; the rest he offered as a gift to the church. St. Augustine, fearing that the absolute acceptance of such a gift from so young a man might be the subject of future reproval or regret, caused Eraclius first to invest the money in land, which might be given back to him should any unforeseen reason for restitution arise. On becoming one of Augustine's clergy, Eraclius made his poverty complete by setting free a few slaves whom he had retained (Aug. Serm. 356, vol. v. 1387). In 426 Augustine was summoned to Milevis, to obviate some threatened dissensions. Severus, the late bishop, had designated his successor in his lifetime, but had made his choice known to his clergy only. This caused discontent, and the interference of Augustine was judged necessary to secure the unanimous acceptance of the bishop so chosen. Augustine, then in his 72nd year, was thus reminded of the expedience of securing his own church from similar trouble at his death, and he made choice of Eraclius, then apparently the junior presbyter of the church, to be his coadjutor and designate successor (D. C. A. i. 228). Only, though he had himself been ordained bishop in the lifetime of his predecessor, Valerius, he now held that this had been an unconscious violation of the Nicene canon against having two bishops in the same church, and therefore resolved that Eraclius, while discharging all the secular duties of the see, should remain a presbyter until his own death. To obviate future dispute, he assembled his people (Sept. 26, 426) to obtain their consent to the arrangement, having the notaries of the church in attendance to draw up regular "gesta" of the proceedings, which those present were asked to subscribe (Ep. 213, vol. ii. p. 788).
The capture of Hippo by the Vandals prevented the arrangements from taking effect, and Augustine does not appear to have had any successor in his see. Eraclius, in 427, held a private discussion with Maximinus, the Arian bishop, which led to a public disputation between Maximinus and Augustine (Coll. cum Max. viii. 650). Two sermons by Eraclius are preserved, the first of which, preached in Augustine's presence, is almost all taken up with compliments and apologies (v. 1523 and 72, Append. p. 131).
[G.S.]
# Dictionary of Christian Biography and Literature to the End of the Sixth Century/Ephraim (6), bp. of Antioch and patriarch

Ephraim (6) (Ephrem, Ephraemius, or, as Theophanes gives the name, Euphraimius), bp. of Antioch and patriarch, a.d. 527-545. The title, ὁ Ἀμίδιος, given him by Theophanes, indicates that he was a native of Amida in Armenia. He devoted the early part of his life to civil employments, and became Count of the East in the reign of Justin I. The city of Antioch having been nearly destroyed in a.d. 525 and 526 by earthquake and conflagration, Ephraim was sent by Justin as commissioner to relieve the sufferers and restore the city. The high qualities manifested in the fulfilment of these duties gained the affection and respect of the people of Antioch, who unanimously chose him bishop on the death of Euphrasius (Evagr. H. E. iv. 5, 6). His consecration is placed in a.d. 357. As bishop he exhibited an unwavering firmness against the heretical tendencies of his day. Theophanes says that he shewed "a divine zeal against schismatics" (Chronogr. p. 118). Moschus tells a story of his encounter near Hierapolis with one of the pillar ascetics, a follower of Severus and the Acephali (Prat. Spiritual. c. 36). Ephraim examined synodically the tenets of Syncleticus, metropolitan of Tarsus, who was suspected of Eutychian leanings but was acquitted (Phot. Cod. 228). In 537, at the bidding of Justinian, he repaired with Hypatius of Ephesus and Peter of Jerusalem to Gaza to hold a council in the matter of Paul the patriarch of Alexandria, who had been banished to that city and there deposed. In obedience to the emperor Justinian, Ephraim held a synod at Antioch, which repudiated the doctrines of Origen as heretical (Liberat. c. 23, apud Labbe, Concil. v. 777 seq.; Baronius, Annal. 537, 538) He was the author of a large number of theological treatises directed against Nestorius, Eutyches, Severus, and the Acephali, and in defence of the decrees of Chalcedon. In 546, yielding to severe pressure, he subscribed the edict Justinian had put forth condemning "the three chapters" (Facund. Pro Defens. Trium Capit. iv. 4). He did not survive the disgrace of this concession, and died in 547.
His copious theological works have almost entirely perished, and we have little knowledge of them save through Photius (Biblioth. Cod. 228, 229), who speaks of having read three of the volumes, but gives particulars of two only. Some few fragments of his defence of the council of Chalcedon, and of the third book against Severus, and other works, are given by Mai (Bibl. Nov. iv. 63, vii. 204) and are printed by Migne (Patr. Gk. lxxxvi. par. 2, pp. 2099 seq.). Theophanes, Chronogr. ad ann. 519, p. 118 d; Moschus, Prat. Spiritual. cc. 36, 37; Cave, Hist. Lit. i. 507; Fabric. Bibl. Graec. lib. v. c. 38; Le Quien, Oriens Christ. ii. 733).
[E.V.]
# Dictionary of Christian Biography and Literature to the End of the Sixth Century/Ennodius (1) Magnus Felix, bp. of Pavia

Ennodius (1) Magnus Felix, bp. of Pavia, born at Arles (Ennod. Ep. lib. vii. 8) c. 473; connected with Romans of distinction (ib. iv. i 25). The invasion of the Visigoths, and the consequent loss of his patrimony, caused him to migrate at an early age to Milan, where he was educated in the house of an aunt. In 489, the year in which Theodoric invaded Italy, his aunt died, and he was saved from beggary by marriage (Eucharist. de Vit.). A dangerous sickness (Ep. viii. 24) led him to serious thought and suggested the composition of his Eucharisticon, in which he reviews with penitence his past life. He was subsequently ordained deacon by Epiphanius bp. of Pavia, whose exhortations determined him to renounce his marriage, with the consent of his wife, who retired into a convent. In 494 he accompanied Epiphanius (Ennod. Vit. Epiphan. 234 A) on a mission to Gundebaud, king of the Burgundians, to procure the ransom of certain Ligurian prisoners. Upon the death of Epiphanius two years later he visited Rome, and gained reputation by composing an apology for pope Symmachus and the synod which acquitted him, as well as by a public panegyric in honour of Theodoric. The former of these was inserted in the Acta Conciliorum; the latter is generally included in collections of the Panegyrici Veteres. Under the next pope, Hormisdas, he succeeded Maximus II. in the see of Pavia, and was sent in 515, and again in 517, on an embassy to the emperor Anastasius to oppose the spread of the Eutychian heresy. Both embassies were unsuccessful. Anastasius, failing to corrupt or bend the bishop, had him placed on board an unseaworthy vessel. Ennodius, however, arrived safely in his diocese, which he continued to administer for four years. He died at the age of 48, and was buried in the church of St. Michael at Pavia, July 17, 521.
His writings exemplify throughout a profane tendency of thought and expression which Christian writers in Gaul were slow to abandon. Many of his letters suit the pen of a heathen rhetorician rather than of a Christian bishop. His illustrations are commonly drawn from Greek mythology. He speaks of divine grace as descending "de Superis," and sets the Fates side by side with Jesus Christ. His style is turgid, involved, and affected. He seems to shrink from making himself intelligible lest he should be thought commonplace, and the result is unattractive. His works are reprinted with notes in Migne's Patr. vol. lxiii. For his Life see Sirmond's ed.; Ceillier, Auteurs sacr. et ecclés. x. 569; for a just estimate of his literary merits, Ampère, Hist. lit. de la France, t. ii. c. vii.
[E.M.Y.]
# Dictionary of National Biography, 1885-1900/Bowen, Thomas

​BOWEN, THOMAS (d. 1790), engraver of charts, was the son of Emanuel Bowen, map engraver to George II and Louis XV, who published a 'Complete Atlas of Geography,' with good maps, 1744-7; an 'English Atlas, with a new set of maps,' 1745(?); a 'Complete Atlas … in sixty-eight Maps,' 1752; 'Atlas Minimus; or a new set of Pocket Maps,' 1758, 24mo; and a series of separate maps of the English counties, of Germany, Asia Minor, and Persia, between 1736 and 1776, of which Gough speaks with little approval. Thomas Bowen engraved the maps and charts of the West Indies, published by the direction of the government from the surveys of Captain James Speer; maps of the country twenty miles round London and of the road between London and St. David's, about 1750; a 'New Projection of the Eastern and Western Hemispheres of the Earth,' 1776; and an 'Accurate Map of the Russian Empire in Europe and Asia,' 1778. He contributed to Taylor and Skinner's 'Survey and Maps of the Roads of North Britain' in 1776. He died at an advanced age in Clerkenwell workhouse early in 1790.
[Gent. Mag. lx. pt. i. p. 374; Redgrave's Dict. of English Artists; Gough's British Topography, vols. i. ii.; Watt's Bibl. Brit.; Brit. Mus. Map Cat.]
S. L.
# Dictionary of National Biography, 1885-1900/Bowers, George Hull

​BOWERS, GEORGE HULL, D.D. (1794–1872), dean of Manchester, born in Staffordshire in 1794, was the son of Mr. Francis Bowers. He was sent to the Pembroke grammar school, and thence proceeded to Clare College, Cambridge. After a successful university career he was appointed perpetual curate of Elstow, Bedfordshire. He graduated B.A. in 1819, proceeding B.D. in 1829, and D.D. in 1849. He was select preacher of his university in 1830. In 1832 he became rector of St. Paul's, Covent Garden. On the death of Dean Herbert in 1847 he was nominated by Lord John Russell to the deanery of Manchester, an office which he held until 26 Sept. 1871. He was not a frequent preacher in Manchester, but his pulpit discourses were at once simple and scholarly, and his delivery effective.
His chief writings are:
* 'Sermons preached before the University of Cambridge.'
* 'A Letter to the Archbishop of Canterbury on a Proposed School for Sons of Clergymen,' London, 1842.
* 'A Scheme for the Foundation of Schools for the Sons of Clergymen and others,' London, 1842; this led to the establishment of Marlborough School, of which, conjointly with the Rev. C. E. Plater, he was founder. Similarly Rossall and Haileybury owed their origin to Bowers's suggestion, and the latter gained much on its establishment from Bowers's personal help and experience. ​
* 'Sermons preached in the Parish Church of St. Paul, Covent Garden,' London, 1849.
* 'Open Churches with Endowments preferable to Pew Rents, a Sermon,' Manchester, 1855.
* 'Pew Rents injurious to the Church, an Address,' Oxford, 1865. He was a warm advocate of the 'free and open church movement.' He was for this reason instrumental in the erection of St. Alban's, Cheetwood, and various addresses which he delivered there have been printed. On his resignation of the office of dean of Manchester he retired to Leamington, where he died Friday, 27 Dec. 1872. He was twice married. He bequeathed 300l. for the support of the special Sunday evening services at the Manchester Cathedral, where a window and a brass were placed by his widow to his memory. A portrait by Charles Mercier is at Rossall School. One of his daughters, Georgiana Bowers, has distinguished herself by successful pictures of hunting and country life in 'Punch.' Some of these have been issued in book form.
[Manchester Guardian, 30 Dec. 1872; Parkinson's Old Church Clock, ed. Evans; private information.]
W. E. A. A.