davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1922-07-02

Thus far we may go with consider
able certainty in our picture of atomic
structure. When we endeavor to learn
how these electrons are arranged. both
within and without the nucleus, we
must base our conclusions on such evil
dence as we can get from the nature
of the chemical electromagnetic
forces between atoms, from the ways
in which the atoms may be broken up
or their parts set into vibration, pro-
ducing light or other radiation, from
their behavior in electric and magnetic
fields, &C. To understand the structure
fully we should know all about the
forces which hold the parts together
In this direction some progress has
been made, but certain phases of the
problem are very perplexing.
Qudntum Theory.--Electro-m
ic theory leads to the conclusion that
radiation is produced when an electric
charge is accelerated. and this conclu-
sion has been amply verified. Yet It
appears that, under some conditions,
eleotrons are accelerated without pro-
ducing radiation. Ordinary dynamical
theory leads us TO expect that a mega
tive electron. rotating nr pscillating
The New York herald., 1922-07-02

thin line of water droplets. In air
at atmospheric pressure these paths
may be as long as IL centimeters.
Now the diameters of air molecules
are known to be about (10) en-, and
there are about 81 (10) of them in
each cubic centimeter. And an A par
ticle in traversing IL en-. of air would
pass through about 100000 molecules.
Yet many A particles go this entire
distance without changing the direc-
ton of their motion, and most Of them
go at least several centimeters without
swerving from their course. This can
only mean that an A particle may pass
right through thousands OF atoms
toithout collidino aoith that part. OF an
atom In Uhich practically all OF It's
mass Is situated. We must, therefore,
think of all of the positive electrons
(and possibly some OF the negative
electrons) OF an atom as grouped with
in a region which is excessively small
as compared with the size of the atom.
Around this compact group or "nu-
cleus" the remaining negative cleo
irons are situated at relatively large
Observation-Disclosures comparable with
the atomic radius.
The New York herald., 1922-07-02

wv HAT will the fapper of to-
M/ day look like when she
w reaches her fortieth birth
day?
have frequently been asked this
question, which is not an easy one to
answer, for she may look twenty years
younger tEan what she really ie or
| she may look twenty years older than
her correct age. Therefore, I always
reply with the old adage that "a
| woman is as old as she looks" I am
certain that the chances Of her looking
charming at 40 are all in her favor.
and am quite sure that size will be
healthier both mentally and physically
at 40 than were her predecessors Of
twenty years ago.
There is nothing radically wrong
with the fapper of to-day. She is
young, vivacious, buoyant and full of
high spirit; her dress may be trif1e
extreme, ker manners appear a trifie
| bold, ban sftcr all her life is infinitely
more healthful and conducive to
| physical stamina than was the life of
her grandmother at her age.
Twenty years ago a girl at the flap
per age was much more conservative
than girls are to-day. She was rarely
seen without chaperon, indulged
very little in outdoor games. compared
with the girl of to-day, while make
up was practically a minus quantity.
At 40 she was in behavior and looks
middle aged. She was sweet and
charming but very stiff. Maybe she
looked more natural than the girl Of
to-day, but not prettier.
Where the f1apper OF to-day is apt
to err is in the care of her great
heritage. a youthful skin. She does
not bestow the care on the use of
toilet preparations that she should.
She knows nothing about their COM
position and apparently cares less,
with the result that the very prepara-
tons she uses for beautifying pur-
poses will often act on her skin with
more deadly effect than will the
ravages OF time.
The girls and women in every coun-
try on the globe are the same in their
appreciation of personal beauty. I
have seen the aborigines in Australia
and natives from the jungles of India
anoint their skins with oil and balms
with all the care and ceremony of
"milady" in her boudoir. their dark
skins frequently having texture both
soft and beautiful
The appearance of the fiapper when
she reaches tie age of 40 depends en-
tirely on how she safeguards that ap-
pearance. If her eyes are called the
windows of her soul" then her skin
can surely be called its mantle"
There Is no need for excess in the
matter of makeup Our American
girls are too pretty to need any camou-
hage. Our country Is so large and our
climate so>various, according to geo.
graphical location. that speaking OF
the American as a whole in dermato-
logical sense would be like speaking
of the European girl where there are
the English. the French, the italian,
the German and the Russian. each
with skin condition that varies ac-
cordng to climate. kave noticed on
the steppes Of Russia compilations
that would create furore on the Rue
de la Paix. I have seen in Scotland
and on the west coast OF Ireland
among the peasants skin beauty that
the poets would term mri'ravishing,"
The New York herald., 1922-07-02
While They Learn They Dance
! In Far West Summer School

gardless of the number of courses
elected. The faculty includes not only
members of the regular faculties of the
university but also number of men
of letters and science from other uni
versities in the United States and
Canada.
The railroads are cooperating by
lowering rates for the summer. Uni
versity authorities figure that the
total cost of the course. including tut
ton. textbooks. laboratory fees. board,
room and laundry will vary from SIS
to s154.5o. according to the require
ments Of the individual student
Those ITO courses offered-incident-
ally thirty-two more than last year
range. alphabetically, from agriculture,
The New York herald., 1922-07-02
When All Is Finished
Who Got the Towels? ?

The Judge who writes this concur
ring opinion has this to say Of the
result:
This construction OF the section
will offer one more barrier or technt-
cality in favor of an offending buyer
in certain cases and against the just
claim of the seller whom his breach
has damaged. There will be one more
pitfall for the honest merchant"
The third Judge of the Appellate
Term dissents without an opinion.
This case can now be appealed to
the Appellate Division, which has five
Judges. So far the City Court Judge
decided one way in accord with Pro-
fessor Willston's book, one Judge
wrote an opinion that his views were
in accord with those of the Court of
Appeals, another Judge writes an
opinion that he Is precluded from Civ
Ing the meaning naturally flowing
from its language by reason of the
decision OF the Court of Appeals. A
third Judge dissents. What the other
Judges before whom further appeal
may come will do nobody knows.
In the meantime the law continues
to be an exact science and ignorance
OF the law excuses no one.
The New York herald., 1922-07-02
SOUTHERN eRANcA ef Y eF CALIFORNIA

art and Americanization to Spanish,
swimming, surveying, tennis and vo-
cational education. In between are
courses in the usual arts, letters and
science and in Journalism, household
art and science. in Spanish literature
and ballads, in history and apprecia-
ton of music, In >criminology and pre-
vention of juvenile delinquency and
various other live subjects.
The Americanization courses are
considered SO important by Los An
geles city officials that they have
offered to cooperate actively by estab-
fishing. special classes in a number OF
the city's public schools. The city de-
The New York herald., 1922-07-02
S Not True That Law Is an Exact Science

utes which is supposed to be a concise
and clear compendium of the law Of
the State of New York affecting per-
sonal property. That section reads:
When seller may rescind contract
or sale-Where the goods have not
been delivered to the buyer, and the
buyer las repudiated the contract to
sell or sale, or has manifested his in
ability to perform his obligations
thereunder, or has committed a mate
rial breach thereof, the seller may
totally rescind the contract or the sale
by giving notice of his election so to
do to the buyer"
The plaintiff contended that this
meant that the plaintiff being the seller
could totally rescind the contract If
he so desired, but he did not desire
totally to rescind the contract but pre-
ferred so far to enforce the contract
as to get the damages for defendants
refusing to perform.
The defendants contend that this
section meant that the plaintiff should
have given them notice that TIE con-
tract was terminated except for the
plaintiffs right to hold the defendant
liable for damages.
This section 146 of the Personal
Property Law is identical with section
SIS of the Uniform Sales Act, which
has been adopted by a number of
States in order to secure uniformity in
the laws of commercial transactions.
Uniform Sales Tax Agrees Here
With Personal Property Law
Prof. williston lad hand IN the
drafting of this section and wrote a
book about II. In this book he says
that the expression totally rescind"
meant just what it says and was in
tended to provide that the seller could
call off the whole transaction by giving
notice OF his election so to do. Prof.
Willston also wrote that the word
totally" reecind was intended to dis
tinguish between a total rescission and
a partial rescission but continuing to
hold tie buyer for damages. Prof.
Williston writes that this section was
intended to provide for the "rescission
OF all obligations between buyer and
seller" which would of course include
the right to recover damages.
However, the Court of Appeals In
221 N. Y. 12e wrote that even though
the defendant was at fault the con-
tract none the less survived unless the
plaintiff gave notice of an election to
treat II as abandoned"
The Appellate Term constituting this
opinion OF the Court of Appeals writes
'in using the terms Abandoned and
'rescinded did not mean to refer to
the complete abandonmene for all
purposes which as / have pointed out
was the intention ascribed TO section
146 by Professor Williston. IL
is therefore quite apparent that the
Court of Appeals has taken different
view of the section from that enter
tanned by Professor Wiiliston."
The above is from the opinion Of
one of the Judges OF tbs Appellate
Term. Another Judge writing an opin-
ion concurring in the result says:
Were 1t not for what has been in-
The New York herald., 1922-07-02

about center OF force, might rotate
in an orbit Of any radius or oscillate
with any amplitude under appropriate
conditions. Yet 1t appears that only
certain particular stable motions are
possible. those which satisfy the con-
dition . do equals MS, nwhAre p isthe
momentum OF the elecfr,n, q is 5ts
distance from some references pointAn
its path. is any integer, such as 4,
2, 3, &C., and h is a universal con-
slant, known as PlanclS's constant.
We naturally think OF radiant energy
as being omitted continuously from It's
source and being absorbed continu-
ously by material In its path, these
emitting and absorbing agents being
known to be electrons. Yet there 50
evidence that radiant energy is abb
sorbed or omitted, as If in discrete
units equal to I'm. where n Is the fro
quency of vibration of the radiation
Such considerations have given rise
to the Quantum Theory, which has
been remarkably successful as a state
ment of the conditions under which
an electron will or will not radiate and
of the conditions under which it may
be in equilibrium in an atom Little
progress has, however, been made in
explaining the quantun laws, and un-
til this Is done 1t will probably be i'm
possible fully to understand the forces
which hold the parts of atoms to-
gether.
Large Energy Changes
In Atomic Disintegratfon
In cases of atomic disntegration
such as in radioactivity, however, the
energy changes are very large in COM
parison with the energy changes In
chemical reaction, and suggest the
possibility of detecting the correspond
ing mass changes. Sir Oliver Lodge
has stated, as an example OF radio
active energy, that, II the total energy
liberated during the disintegration of
one gram of radium could be utilized
for the purpose, it would suffice to lift
the entire British navy several thou
sand feet. These energy changes are
large enough to suggest the possi-
bility of showing that the mass OF rad
ium is greater than the total mass OF
the elements into which 1t splits up.
Such measurements have mot as yet
been made. since radfum splits UP so
slowly. We therefore combine two
fundamental laws. the principle of the
conservation of mass and the principle
of the conservation of energy into
single principle-that of the conserva-
ton of energy.
In this connection attention should
be called to the probable reason for
the slight excess in the atomic weight
of hydrogen over that of the least COM
mon multiple of the other atoms. In
the heavier atoms, positive and mega
tive electrons are packed together in
the nucleus, so that their electric fields
partially neutralize each other, thus
diminishing the total energy and
hence the total mass. If we suppose
the universe to have been originally
formed by the grouping together of
positive and negative electrons, the
energy liberated as they combine to d.
ninish the total mass In the observed
ratio, 0.77 per cent. is sufficient to
have accounted for the heat Of the
sun and stars for about million mil
lion years-an ample period to satisfy
the most exacting geological and evo-
lutionary theories. '.a~''
The New York herald., 1922-07-02

A course of six lectures of general
interest is also scheduled. The first of
these, the Race Origin of the English
Speaking People," is to be given by
Edwin Potts Cheyney, Professor of
European History at the University
of Pennsylvania. Prof. Edmund KEN
per Broadus of the University of
Alberta. Canada, will lecture on THE
Laureateship and Robert Bridges.
Industrial Democracy and Educa-
tom: John Stuart Mill, the Individ-
ualist": Cowboy Songs" and Poly
chrome Sculpture of the Sixteenth and
Seventeenth Centuries" are other
subjects announced.
The New York herald., 1922-07-02

tendents. supervisors, graduate stu
dents, undergraduates who wish to
profit by the opportunity to take
courses which they are unable to get
into the ordinary scholastic year, prop
erly recommended high school grad
yates about to enter the university
but desire TO broaden their preparation
and also housewives, graduate nurses,
social workers. Americanization work.
all adults who are qualified to pursue
with profit any course given, whether
or not they are engaged in teaching
or study" .a
The tuition fee is modest, s25, re-
The New York herald., 1922-07-02
Plea That Plaintiff
Could Not Sue Twice

There was no dispute about the
facts but there were two defenses
pleaded The first defense was that
the plaintiff had already sued once in
the transaction and that he could not
sue twice. According to one decision
OF the Court Of Appeals this point was
we'll taken (1s4 N. Y. 211) but there
were two other cases where the same
question OF law was decided the other
way (117, Supp. 1914; 164 Supp. S2D.
II these three decisions had been in
the same court either the majority
would have won or the last decision
would have won, but they were not in
the same court. which complicated the
matter and induced the Appellate
Term 10 write without deciding this
point, I'VE prefer, therefore, to pass
on to less debatable ground" leaving
this interesting point undecided.
The second objection of the defend
ants was that the plaintiff, upon being
advised by defendants that they would
not perform, did not give the defend
ants the notice required by section 146
on the Personal Property Law.
The Personal Property Law is one
Of the chapters Of the General Stat-
The New York herald., 1922-07-02

1918, and in the half decade to date
the registration has boosted itself from
643 to l,S43 students last year, which
compared favorably with other sum-
mer schools in the country. ranking
probably among the first ten. This
year the authorities expect to admin
lister more education TO at least 2,250
1t is a somewhat radical change
from the old order for a State univer-
.sity to establish branch 500 miles
from the source, but the experiment
has provedsa a success, and the South
ern Branch of the University of Cali
fcrnia with its own buildings. and
campus in Los Angeles, that tourist
The New York herald., 1922-07-02

keep from being ignorant is to read
the proper part of the revised statutes
or the consolidated laws or the general
laws or whatever the last codification,
clariflcation and condensation is called,
it is necessary for a Judge to know
not only the general laws but the way
in which other judges and courts have
interpreted and construed the general
laws.
Thus il is not impossible that the
Appellate Term should reverse the City
Court or the Municipal Court and that
the Appellate Division should reverse
the Appellate Term and the Court of
Appeals point out the errors of the
Appellate Division thus affording the
legal symposium of a trial court an
initial appeal, a secondary appeal and
certified questions.
AS an example OF which is the liti-
cation before referred to of HUT,
plaintiff respondent, against Hausman
& Grushowsky, copartners, defend
ants-appellants.
Mr. Hutt agreed in writing in April,
1920. to sell nineteen cases of Turkish
towels to Hausman & Grushowsky,
who in writing agreed to accept the
same and pay agreed prices therefor.
When the contract was made five
cases of towels were delivered and
physically received by the defendants"
Hausman & Grushowsky being the
defendants In May. 1920, the de-
fendante notified Hutt that they would
not accept the towels "or pay therefor
or carry out the terms of said contract
on their part"
The next November the plaintiff
sued the defendants in the City Court
for the Ave cases Of towels which had
been delivered. The plaintiff won
that suit. Then the plaintiff brought
another suit for damages for the de-
PENDANTS failure to take and pay for
the other fourteen cases of towels.
The New York herald., 1922-07-02

partment of education VIII supply
teachers OF English to children up ia
15 years of age and will provide an
additional class for children about to
enter school. Teachers engaged in
this work will study particularly the
place of English in the Americaniza-
ton program. sources of instructional
material, English as related to the oc-
cupational, civic and family life of
foreigners. and the direct method OF
teaching.
California itself has a large unas-
simulated foreign multitude in her
midst and that nom English speaking
population must be reckoned with.
According TO the census of 1920 hs3
percentage of illiterates Of 10 years of
age and over was s.3 per. cent. In
1910 1t was 81 per cent. The percent
age of native white found illiterate
was a; that Of foreign born whites.
l0.5: that of negroes. At per cent. OF
all males Of 21 years and over, 4 per
cent. were found to be iiliterate; Of
women 2i and over, 3.6 per cent. In
the city OF Los Angeles. the 1920 CEN
sus showed the native born whites to
make UP 1854 per cent. of the popula-
tion; foreign born whites 1914 and the
remainder Indians, Chinese and Japa-
nese
The New York herald., 1922-07-02
Madagascar Gold.

T ME island of Madagascar, accord
ing to reports received in Wash
- ington, promises to assume
some importance as producer Of gold.
On the eastern slope OF the island are
some auriferous districts said to be
very rich. Nuggets and dust are
found in tie streams beds, but the
principal lode has not, it appears, yet
been discovered. Mining engineers
have anticipated such discoveries, but
the methods OF recovering the gold
have been very crude. and only native
workmen have proved capable of with
standing the climate,
The New York herald., 1922-07-02

dicated in our higher courts, I would
say that the section should be read
according to its language that we
may not disregard the emphatic word
totally because we do not think the
seller requires the remedy of true
rescission.
"As we are precluded from giving
the section the Interpretation natur-
ally flowing from it's language, it
would appear to be the most logical
course to hold that 1t was intended to
make general, in relation to contracts
for the sale Of goods. the rule just
referred to, to the effect that a seller
who would rely on an anticipatory
breach u1nN declare his position.
Furthermore, a statute is properly
interpreted according to its language.
1t Is not usually proper to blue pencil
it and distort It's meaning because 1t
does not appear very useful. But we
seem to be precluded giving to the
language Of this statute it's natural
meaning"
The New York herald., 1922-07-02
y By ALICE LAWToN.
IKE the lion and the lamb in

- IKE the lion and the lamb IN the
prophecy of old, so the fishing
rod and textbook are chum-
ming peaceably together in this year
OF grace 1922 at the summer session
oSthe University of California, which
has invaded the playground of the
Southwest and proceeded to demon
strate beyond peradventure of doubt
that unlike oil and water, recreation
and scholarship do mix. and with
happy results.
I, The summer session at this Los
Angeles university was established in
The New York herald., 1922-07-02
ByWILLIAM M'MURTRIE sPEER

- OATEBODY few centuries ago
-. wrote The law is an exact
science" Every now and then
at Bar Association meeting or a
Constitutional Convention somebody
soiemnly repeats this venerable legal
fiction.
A legal fiction is something that
lawyers and judges are expected to
assume to be so and to assert to be so
but which is not the fact. A good
sample of legal fiction is this state
ment that law is IAN exact science"
Every little while, however, some
opinion or decision of the courts
throws a judicial monkey wrench into
the working application of this state
ment. Such opinions add an uncon-
ssious and unintentional humor TO the
court reports.
Appeal Case Shows
Failacy of the Maxim
An example Of this is what the Ap-
penate Term has to say about an
appeal entitled:
philip HUT. plaintiff-respondent v.
Samuel Hausman and Harry Grushow-
sky, copartners doing business under
the firm name and style of Hausman
e. &Grushowsky. defendants-appellan -
Every few years the Legislature OF
q commission or a judicial committee
codifes, clarifies and condenses into a
half dozen large volumes or thirty or
forty small volumes the laws of the
State of New York under headings like
the Penal Law. the School Law, the
Village Law, Real Property, Personal
Property. Prisons, Health, Highways,
&c.
Anybody is supposed to be able to
find out the law on any general subject
by turning to the appropriate volume,
finding out the proper pages from the
index and reading the clear and un-
equivocal stat9nent Of this exact
R<snce. At least that is the theory
FOR ignorance of the law excuses no
one
The presumption is that everybody
knows the law except the judges them
selves. II all the judges knew the law
there would be no occasion for Appel
Aotc SVuHhS bcSdust Iiic ueNiSlOu VI puc
Judge would be the same as the de-
.cision of any other Judge. the law be-
ing an exact science and everybody
knowing It, There is never any SUBJ
stantisl difference between physicists
about the law of physics or Of astron-
omers about the position and move
ment OF the stars or OF chemists about
what will explode and what will not
because all physicists. astronomers
and chemists know the laws Of phys
ics. astronomy and chemistry.
The New York herald., 1922-07-02
Summer Session Opened
On the First of This Month

The session opened July l. AS is
usual the courses - there are 40
grouped into twenty-eight different de-
partments-are destined first Of all for
teachers who wish to increase their
professional skill. to extend their
knowledge in a chosen field or to quail
ify in new subjects. They also aim
to be of service TO school superin-
The New York herald., 1922-07-02

Mecca OF the West, combining mental
stimulus with beauty OF environment
has become well established institu-
ton and the rapid growth of the sum-
mer session furnishes abundant proof
OF its utility.