The Sun.
London, England, 1866-11-27 00:00:00

LAW INTELLIGENCE—Nov. 26.

COURT OF QUEEN'S BENCH.
(Sittings in Banco, at Westminster, before Lord
Chief Justice Cockburn, Mr. Justice Mellor, Mr.
Justice Shee, and Mr. Justice Lush.)
F. DOULTON, V. THE PRINTER AND PUBLISHER
OF THE " DAILY TELEGRAPH."--LIBEL.

Mr. Field, Q.C., moved for a rule calling upon
Mr. Joseph Ellis, printer and publisher of the Daily
Telegraph, to show cause why a criminal informa-
tion should not be filed against him for having printed
and published in that journal a libellous article re-
flecting upon the public character and conduct of Mr.
Poulton in his capacity of Member of Parliament
for the borough of Lambeth. The article complained
of was published in the Telegraph of Wednesday,
the 21st Nov., and was bitterly and unjustly severe
against Mr. Poulton. Founded on a meeting of the
constituency to hear Mr. Thomas Hughes, the other
representative of the borough, render an account of
his stewardship, it commenced thus :—" Lambeth
has at present only one representative instead of
two ; but as that one is a perfectly honest and faith-
ful member of Parliament, the great borough must
be congratulated. In the' house that Palmerston
built' honest and faithful representatives are scarce
enough to make many another constituency envy
Lambeth for possessing Mr. Thomas Hughes, since
after all one good man and true out of two is 60 per
cent. of political justice ; and if such an average were
general, the evil spectacle would not be presented of
the existing divorce between the nation and the na-
tional chamber." The learned gentleman, in con-
tinuation, read the entire " leading article," which,
while it lauded Mr. Hughes, aspersed Mr. Doulton.
In proceeding with his analysis he selected and com-
mented on several passages which he urged upon the
attention of the court as libellous. Alluding further
to Mr. Doulton, the writer of the article, in speaking
of him as a Member of Parliament, and in defining
that character, says : ' Representative' has come
to mean in certain mouths a senatorial personage
who, on false pretences, embezzles a seat with hy-
pocritical addresses, in order that he may misre-
present his electors on the flimsy plea of indepen-
dence." Those who mouth the word independence,'
while they swindle the people who gave them a stage
for their political knavery to strut upon, would do
well to note two passages in the address delivered on
Monday night at the Walworth Institute." The
writer proceeded :—" The member for Lambeth,
who dares not think that he may treat the thou-
sands of votes in the vast borough as if they were
old railway tickets—who comes forward to give an
account of his stewardship, to answer questions, and
to await the judgment of his supporters—is not the
less, but all the more, able to show that he has a
mind of his own. He did not scrupple to tell such
an audience over again that if the Reform League
had persisted in forcing a way into the park with-
out waiting for the law to say whether they were
right, he would himself have turned out to vindicate
the law. This was a bold and honest piece of poli-
aiendgsa% the Lambeth shopkeepers,
also, was the fearless hint
wtichaiclhmiNainr.hoinl,
Hughes g
that when he saw the many convictions for false
weights and measures in the borough, he felt his
ears tingle with shame as the representative of the
constituency. Dare any of the spurious ' indepen-
dents' of the time say such things in such aposition?
Their own measures and scales are vile with too much
self-interest, fradulent with too many hidden make-
weights, to allow it ; they have to stop at home like
Mr. Doulton, because the new-fashioned honesty'
of the present House of Commons passes muster
there, but is found out and called a sham in less de-
licate assemblies." The learned gentleman sub-
mitted that this was a most unjust and libellous at-
tack on the political integrity and moral principles
of Mr. Doulton. But that was not all. The libel-
lous article went on to say :—" Mr. Doulton did
well to stop at home, and Lambeth, for the future,
will do well to leave him there. He represents his
potteries—not the borough—and his proper place
is among them. The assembly asked, with
derisive cheers and laughter, why the other
member' was not by the side of Mr. Hughes ;
but if it had been, the derision would have been
deeper, and the laughter more ' inextinguishable ;'
for what earthly right has Mr. Poulton now to
speak in Lambeth as its representative ? If the
borough possessed a dock for political swindlers, his
proper place would be easier to point out ; he would
then have a good right to be heard ; but it would
only be to show cause why all upright men should
not pass upon him sentence of contempt and indig-
nation." What, he (Mr. Field), asked could be
more libellous than those unwarrantable imputa-
tions on the character of a public man ? He bad
perhaps shown enough to entitle him to a rule, but
he would call attention to one more passage as
additional evidence of the animus that dictated the
attack. Speaking of Mr. Doulton, the writer pro-
ceeded—" But this new Judas of a modern Potter's-
field crept into the confidence of Lambeth in the
days of Pahnerstonian promises and petty perfor-
mances, picked the pockets of the Lambeth men of
their votes, embezzled a scat for the borough, and
made it a sort of branch establishment for his own
private opinions and ends. The one poor speech
in which he explained' his conduct, explained
nothing except that he had not a shred of intellect
or eloquence wherewith to plaister his treason,
and to the disaster of Lambeth in choosing a
turncoat he added the discomfiture of having
also chosen an incapable. The wisest thing the
man has ever done since he filched the appen-
dage of M.P. has been to give up saying one
word to palliate his condition. Morally, he
has gone out and hanged himself' in some
Aceldama apart from the Walworth institute, for
the cause he conspired against is just, innocent, and
undying, and the thing for which he did it—the
favour of the chief priests of Adullam—turns out a
thirty-times told condemnation and curse." Nothing,
he (Mr. Field) submitted, could be more unjust
than this slanderous attack upon the political inte-
grity and worth of Mr. Doulton, who, in seeking
the suffrages of the voters of the borough, did so
for the public interest, and not, as imputed, for his

own private gain. The writer of the article com-
mented most unfairly on the absence of Mr. Doul-
ton from the meeting, but he was only absent
because he was not by those who got up and con-
vened the meeting invited to be present and to take
a part in the proceedings. The learned gentleman
having gone through the article, concluded by hop-
ing that the Court would grant the rule.
The Lord Chief Justice was of opinion that the
Court ought not to grant a rule. The article was
no doubt a strong, a severe one ; but it was in the
nature of a political commentary upon Mr. Doul-
ton's political conduct, and was not regarded by the
Court as reflecting upon that gentleman's private
character and integrity. Public commentaries,
however painful they might prove, all public men
were liable to, and even they (the judges) were not
exempt from them. The rule must therefore be
refused.

The other learned judges concurred.
Rule refused accordingly.

SPIRIT OF TUB PUBLIC JOURNALS.

THE " SPECTATOR" ON ARTEiIUS WARD IN LON-
DON. Artemus Ward is, as a true humorist
should be, even better than his books. 'What his
personal influence adds to the humour of his stories
is not of course always easy to analyse, but mainly,
we think this—the impression which he contrives to
produce that his confusions of thought and speech are
all inevitable on his own part, that his mind drifts
on helplessly from one of these grotesque ideas or
expressions to the next, as the creature or victim of
some overruling power, which chooses his thought
and language for him, so that he is not even a
party to the transaction, though he has an earnest
and rather melancholy interest in the result. When
he first comes on to the platform, with his long,
hollow-checked face, and his bright, sad, in-
terrogative eyes, we should expect from him, if we
knew nothing about the matter, almost anything
rather than cause for laughter. He might be, were
he not a little too quiet and polished in manner, an
eager philanthropist or religious preacher, who had
one sole passion let t burning in his brain—to convince
the rest of the world of the duty of joining in some
great crusade. Yet he has the face of a humourist,
nevertheless, the light in the eyes, the twitch about
the mouth which show, as soon as we know what he
really is, that the most opposite currents of associa-
tion constantly cross each other and pull simultane-
ously at the most widely separatedchordsof his mind.
He never smiles, but looks, on the contrary, pleading
and entreating, as if he were above all things so-
licitous to get his thoughts really disentangled
this time, when he is approaching one of his
odd comparisons. When he first appears, for in-
stance he says, with the greatest simplicity and a
pathetic kind f earnestness, that he does not him-
self think at all highly of his entertainment or ex-
pect much from it, that he only hopes to obtain
from it a small sum of money sufficient to take him
to New Zealand, for, he adds, "if I could only go
to New Zealand, I should feel that I had not wholly
lived in vain ;" and then, as the audience laugh at
this very new recipe for avoiding a completely vain
life, he adds, with eagerness and a child-like sort
of effusion to his audience, " I don't want to live
wholly in vain," at which, of course, the laughter
deepens into a hearty roar. That is the type of
the whole character of his humour. He gets hold
of two inconsistent and absurdly abitrary ideas,
connects them with a sort of simple fervour in his
mind, and presses them on his hearers with an air
of plaintive good faith that is quite irresistible.
So, a few sentences afterwards, when he men-
tions that he would not allow a bust of himself
to be taken because he could not bear the idea
of the people carrying him about everywhere, mak-
ing
him common, and hugging him in plaster of
Paris, and his audience (rather prematurely)
laugh, he assumes the laugh to be sceptical, and
says with a sharp, half-snappish air of innocent,
argumentative irritation, " Yes, they would,"—and
then those who saw nothing humorous before are
fully carried away now, and join in the universal
chorus. All his best points are made by producing
this impression—that his mind is floating inevitably
along a natural current of ideas where his audience
see the most absurd combinations. In one of his
Punch Papers, Artemus Ward's best point was re-
marking
quite simply that the Tower a " sweet
boon," but the humour of this criticism would have
been immensely enhanced by his manner. He would
have said it with such accidental pathos, as if the 1
words were the only possible ones that could have
risen to his lips to describe the Tower, that the
humour, real enough in the printed letter, would
have convulsed his audience. All he says seems to
be thought aloud, as if it were just bubbling up new
within him. And when he hits on a deep thought,
and says, for instance, with a sort of hesitating,
perplexed candour, as though he were getting a
little beyond his own depth and his audience's too
—" Time passed on. You may have noticed that
it usually does, that that is a sort of way Time has
about it, it generally passes on," a joke of no abso-
lute merit takes a very great humour from his hesi-
tating anxious way of appearing to show the
analysis of his own embarrassed thoughts to the
people he is addressing. The character he best
likes to fill is that of a sort of intellectual Hans—
the model simpleton of the old German stories--ia
the act of confiding himself to the public. In the
German stories Hans only makes a practical fool of
himself in all sorts of impossible ways. But Arte-
mus Ward intellectualises him—shows the inner
absurdity of his own thoughts with a pathetic ear-
nestness and candour. His mind seems to wander
when he speaks of his own past with winning simpli-
city. With the sunny days of youth, he says, many
sweet forms are associated, " especially Maria—
she married another—you may notice they fre-
quently do"—and he brings out all such happy
generalisations with a real heave of intellectual tra-
vail that convulses his hearers with good reason.
Nothing is better than his eager, ardent way of pro-
le a truism, You cannot avoid the convic-
tion for a moment that it has just struck him as a
real truth. When he points to the summit of one of
the mountains in Utah, and says, with an evident
wish to be useful to his audience, " the highest part
of this mountain is the top," or pointing to one of
the horses on the prairie, " that beautiful and in-
teresting animal is a horse, it was a long time be-
fore I discovered it," in spite of the exceeding sim-
plicity and obviousness of the joke, which any clown
in a pantomime might have made as well, he reaches
the sense of humour simplyby the engaging earnest-
ness and naivete of his speech. Perhaps the most
humorous part of Artemus Ward's lecture, how-
ever, is the natural, unresisting way in which he
drifts about in search of words and phrases, often
conveying a sense of difficulty and of conscious
error, and then correcting himself by the use of a
phrase still more ludicrous, and on which yet he
seems to have been landed by an imperious neces-
sity. Thus, when he says that he used to sing, but
not well, lie stumbles in the most natural way, and
is a prey to melancholy that he can't hit on the
proper phrase, " as a songer," be said, " I was not
successful ;" and then, in a depressed and self-cor-
recting way, conscious he had gone wrong, " As a
singster I was:a failure. I am always saddest when
I sing—and so aro those who hear me." The art
with which he gives the impression that he is floun-
dering along in his choice of words, the victim of
the first verbal association which strikes his memory,
and yet just familar enough with language to feel
uncertain as to his ground and to wish to get hold of
some clearer term, is beyond praise. When he lighted
upon " singster" he evidently felt that he was near
the mark, a partial, but not complete, satisfaction
lit up his face, and yet he did not pronounce it
with confidence, but with a modest sort of diffi-
dence, as if the phrase was as near as he could get.
A general effect of having to grope for his language
before he can express himself always hovers about
his manner. When he says, with some pride, that
he would not allow them " to sculp" him, and that
" the clothes I now occupy produced a great sensa-
tion in America," there is uo glimmer of a smile on
his face, and a marked absence of emphasis on the
grotesque words, which he slips out exactly as if he
were rather anxious to divert attention from points
on which he feels his ground somewhat uncertain,
—just as an Englishman abroad hastily slurs over
his doubtful grammar to get on to idioms of which
he is more certain. Then occasionally he will fall
in the most natural and helpless way into a lan-
guage-trap of his own setting, as where he says that
in the hurry of embarking on board the steamer
which took him from New York, some middle-
aged ladies against whom he was hustled mis-
took his character wholly and said, " Base
man, leave us, oh leave us !—and I left
them, oh I left them !" where he appears quite un-
able to help throwing the second half of the sentence
into the form of an antistrophe to the first. It im-
presses one as a sheer inability to get out of the
wake of the first half of the sentence, not as any
wish to be amusing, that makes him interpolate the
second " oh !" He seems like a man who, having
taken a good run, cannot stop himself at ie right
point, but must run beyond it ; the rhythm of the
elderly ladies' exhortation mastered him ; he help-
lessly succumbs to it in explaining how he obeyed it.
It is the fatalism of grammatical construction. So,
again, when lie finds the 17 young Mormon widows
weeping, and asks them, " Why is this thus ?"
he falls a victim to the perplexity and embar-
rassment with which the juxtaposition of " this"
and " thus" has overpowered his weak brain ; and
goes on helplessly, what is the cause of thisthusness ?"
He cannot evidently help developing at length those
subtle suggestions of verbal confusion which so often
strike everybody's ear with an idiotic jingle of fasci-
nation. This is closely analogous to his curious habit
of floating feebly down the chain of intellectual as- _

sociation, however grotesque. When he tells us that
the picture of the Nevada mountains is by " the
ancient masters," the mere idea of the ancient mas-
ters of course suggests at once that they are dead ;
so be goes on, " This was the last picture they
painted, and then they died." So when he points
out the lion on Brigham Young's gate, he says,
pointing to a very ridiculous and elongated feature
in it, " Yonder lion, you will observe, has a tail. It
will be continued for a few evenings longer." The
humour of all this is the humour of helplessness, the
humour of letting your thoughts drift idly with the
most absurd association that crosses them, and never
rescuing yourself by any insurrection of common
sense. Artemus Ward in all his best jokes—of
course, like other professional jokers, he has some
poor ones, at which it is wrong to smile—is, as we
said before, an intellectualised form of the German
village-simpleton Hans. He yields a literal obedience
to every absurd suggestion of thought and language,
just as Hans does to the verbal directions of his
wife or mother, and gets into intellectual absurdity
just as Hans gets into a practical absurdity. This,
with the melancholy, earnest manner of a man com-
pletely unconscious that there is anything grotesque
in what he says, conveys an effect of inimitable
humour.

THE " EXAMINER " ON TIIE " TIMES" AND TIIE
BALLOT IN AMERICA.--It is difficult to follow the
course or to understand the policy of the Times in
reference to the Ballot. Unfounded statements in
leaders are generally corrected by precise, accurate,
and reliable statements in the letters of correspon-
dents. If we read in a leader a taunting reference
to the Ballot in Australia we generally find in the
next letter cf the Melbourne correspondent a state-
ment that the Ballot is a moral engine in electioneer-
ing, the benefits of which we cannot appreciate
because we have never seen it at work. Touching
France, the leaders have often spoken of the Ballot-
box as the nest wherein Imperial despotism is
hatched, while the Paris correspondent speaks of it,
if not in the words of Cicero, " Tabella vizzdex
tacitce liberatis," yet as the shield under which
French electors successfully fight the Imperial can-
didates at the poll. The latest instance of our
powerful neighbour's appearing on this head in the
character of Mr. Facing-both-ways is the yearly
election in New York State. Here is the statement
of "Our own correspondent," under date New York,
Nov. 6, transcribed from the Times, Nov. 19 :
" Bribery is a penal offence, but that bribery goes
on to a greater extent here than in England, taking
the country through, is capable of proof, I will relate
some of the means which are adopted to bring
voters to a proper sense of the merits of a candidate.
In the first place the candidate or committee of the
party bribe by wholesale—they do not deal with
individual voters. For example, the foreman of a
fire company goes to the candidate and says,
There are twenty or thirty of us who are
going to vote in this election, and we do not much
care which way we go. We rather prefer you,
and if you will give us something to drink your
health with we will vote for you.' The can-
didate asks them how much they want, and, if his
committee approves, he pays them the sum, when,
as a victim remarked to me, they very likely go to
the other candidate and say the same thing to him,
and get his money too." And (let us ask in passing)
which of the two candidates gets the votes of these
men in buckram suits or rogues in Lincoln green ;
or how is it to be known whether all the 20 or 30
vote en masse, or vote variously as each thinks fit. ?
The story does not sound likely, or agree with what
we have heard of American acuteness. The Times,
however, has other testimony, " but neither so does
their witness agree together." A Times correspon-
dent, whether the same as the one just quoted or
another we know not, but writing from New York
no farther back than October last, said :—" Large
amounts of money are collected for electioneering
purposes, but it is not spent in buying votes, but in
conducting the preliminaries to an election. It is
a very rare thing that a voter is paid for his vote,
for the reason that the election being by ballot there
is no certainty that he keeps his bargain." In this
discrepancy it is demonstrable that the fault lies
with the witness against the ballot. . We say so be-
cause the testimony of the last quoted correspondent
is confirmed by testimonies of American citizens,
one of which, out of many at hand, we quote :
"There have been closely contested elections where
ardent and unprincipled partisans resorted to bribery.
Men have been convicted for this crime as they have
for all other crimes in America. It is an un-
usual thing, wholly exceptional. Public sen-
timent condemns it as one of the most criminal
acts, and circumstances in exceptional cases
only make it an impossibility. It is not an institu-
tion as here (in England) buying voters. Not only
the extent of the numbers who exercise the suffrage,
but its instrument, the ballot, makes corruption to
any very great extent an impossibility. Human
nature instinctively abhors venality, concede that
all men are willing to receive the wages of corrup-
tion, it is the reward and not the corruption men
like. The chances are, that as the ballot makes
one's act his own secret, if he receives the wages of
venality he will the more certainly betray his
suborner.—' An Inquiry Answered. The Demo-
cratic Institutions of America.' By O. Vanden-
burgh. P. 25." Reference has been made to the
carelessness of the November correspondent. Ob-
serve his statement :—" There is a Democratic and
a Republican Ballot-box, and to one or the other
the voter goes, according to his opinions." We
presume the writer was actually present at the
polls, and give him credit for meaning to describe
accurately what he saw or thought he saw. But
although not in New York, we write with a most
perfect recollection of accounts in the Times of
New York elections in former years, and with a
" Guide to Elections," published in New York at
hand, and venture to say that a greater mistake
never found its way into a correspondent's letter
than this which asserts the existence at a New York
or any American election of boxes intended for the
votes of the opposing parties. When considering
the use of anonymous voting in foreign countries, it
is a striking fact to bear in mind that it is the mode
of voting which has been established for the elec-
tions to the new Parliament of North Germany. A
comparison of the election law as first proposed by
the Government with the law as it finally passed the
Chambers, shows that the Prussian Liberals took
care to perfect and secure this shield of electoral
freedom. This is a development of " geist" hitherto
we believe unnoticed ; and which we commend to
the careful consideration of the many worshippers
of that lately discovered metaphysical essence.

The Daily News is of opinion that the Reform
Conference at Manchester, and the banquet which
followed it, afford gratifying proof of the unanimity
and resolution of Reformers. Independent and ex-
official members of Parliament, capitalists, and
representatives of working-class organisations, men
so different in temperament, intellectual habit, and
pursuit, as Lord Houghton and Mr. Bright, are
not drawn together upon the same platform except
by a very strong and wide-spread feeling. The
appearance of " elderly gentlemen of Parliamen-
tary standing, and with invested capital," upon a
public platform, demanding Reform, and giving the
last proof of an Englishman's zeal in the cause,
ought to abate the alarms felt or affected
in certain quarters at the idea of any considerable
extension of the suffrage. Possibly, the News sug-
gests, these members of a class, necessarily and na-
turally Conservative in the true if not in the party
sense, perceive clearly that the danger against which
we have to guard is not in opening the gates of the
Constitution too wide, but in keeping them obsti-
nately closed. They feel probably that extreme
theories are the most dangerous where the educa-
tion of the school, of the newspaper, and of the
book is unchecked by the practical training derived
from conversance with affairs ; and that a people
which is taught but does not vote stands always
near the verge of revolution. As to the particular
measure of Reform demanded by these and other
considerations, the News considers that the con-
ference at Manchester acted wisely in declin-
ing to commit itself to details. If the prin-
ciples on which any measure acceptable to the
Liberal party must be based were not made clear by
the debates of last session, the public time was un-
warrantably wasted in idle talk.

The _Herald admits that the Manchester banquet
was a very respectable affair. Indeed Mr. Bright
himself showed that he was a victim to the intense
respectability of the meeting, and was able to pro-
duce no new piquant details of the profligacy of the
governing classes or the selfishness of the landed
proprietors. As for the speeches they contain a
few tame platitudes about the necessity of enlarging
the franchise and the inequalities of the present re-
presentative system. We hear a great deal about
general rights and principles, but we hear nothing
of any particular scheme of Reform—of how much
ought to be conceded and what may be accepted.
After the flowery language of all the former pro-
grammes the bill of fare at Manchester is couched
in the tamest words.

The Star dwells upon the magnificent character
of the meeting. The cream of the middle-class
politicians of Lancashire and Yorkshire crowded the
hall, men whose influence has been felt at every
great crisis of our political history—the self-made
men of industry, the solid men of wealth, who can
subscribe £l,OOO for a purpose which is to benefit
their country, without expecting anybody to quote
it as a reason why they should be permitted to do
political wrong for the rest of their lives. The men
who carried Catholic Emancipation were there—not,
indeed the same generation of individuals, but Eng-
lishmen of like position, of like generous instincts,
of like political influence, and of like indomitable
perseverance of purpose. The men who carried the
Reform of 1832 were there—the men who carried

the abolition of the Corn Laws were there—and. 4
the success of these great struggles the Tory Chiefs
may read the omens of their fate. If they have all
spark of honour, consistency, or regard for the o',
name of English public men, they will not attell:
to exhibit the amount of their hollowness by swap
lowing their principles, but will show some frill'
meet for repentance by resigning.
The Daily Telegraph of Monday last makes late
following following remarks on Mr. James Howards
paper on American affairs :—" He related. the eqo
cumstances attending a great trial of reaPers.
America, which lasted three weeks. The machlll—,4
sixty in number, were tried on every descriptioni-4
crop, and the performances had to be made no%
the keen inspection of twelve judges divided 1001.
three committees, a ' time committee,' aacme.
meter committee,' and a committee of deat
ton. ,' every judge being furnished with a long the
of
.instructions. ' The pains taken in preparing to
points to which the attention of the judges sb°ll„es
be directed, the various modes in which the rnacult-be
were to be tested, the subdivisions of the PI, "„,,
length of time devoted to the purpose, and the ea ''o
ful report, containing a record of facts rather thAd,
of opinions, seemed to me to be a long way
vance of our English mode of conducting such trials.f
So speaks Mr. Howard. Such a careful record
tiu,
facts elicited must prove a means of teaching 1113.11,,,
fa. cturers of these implements their own deficield
cies, and accounts in no small degree for the 1,,Pr0
advances they have made in this branch of ino`gat
invention. He observes, too, on the absence of
narrowness. of feeling too often observable aul°;
rivals in trade. ' I was struck with one arrangra.
meat which exists in America. Owing to the ntl,„,
ber of patents the leading builders of rear;
machines, some years ago, found themselves ,cuer.
stantly in collision with patentees and each of''uthe
To obviate this serious difficulty a number 01,
principal makers and patentees united, and watt
common stock of their own and a number of cnt
patents which they bought up. A gentleman t.
Auburn was appointed their attorney and age_te
Under this arrangement the maker can have the Iwo
of any or all of the patents, but he only POle,
royalty upon such part as he may choose for.
This is sensible and broad—due probably, as S
Howard suggests, to the breadth of the countie
Had a similar system prevailed here ten years teak'
he would, perhaps, have attempted to solve the si;eBd,
problem in its application to tillage in a less r 01,11.0,
about way. Possibly his suggestions as to P°ii.
ness to strangers on the part of the officials at z,
cultural shows will also be noted and imitated 00
where."