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THE USE OF NATURALLY OCCURRING MOOD- altering substances is deeply rooted in the traditions and cultures of many communities worldwide. As documented in other societies and historical records,1,2 various compounds have been employed for altering consciousness and for their curative effects.3 Two substances traditionally used in the Middle East include hashish and khat.4 Hashish, as cannabis, has been known in the region since ancient times.5 Khat, also known as chat, derived from the leaves and young shoots of the khat plant (Catha edulis), is used for its stimulant effect.6 Technological advances that enable high purification of drugs and transporting them fast, and increasing urbanisation, have caused these mood altering substances to be taken out of their traditional role in societies and have come to pose new, complex and challenging threats.7 These threats have been manifested in two important ways: () wider use of drugs, and (2) a shift from natural drugs to the more potent purer forms. Globally, illegal money derived from illicit drug transactions amounts to 400 billion dollars annually, and is second only to the arms trade.8,9 The countries of the Arabian Gulf Co-operation Council (GCC) offers an interesting study area because their diverse cultures have experienced rapid acculturation, a phenomenon often equated with a rise in psychosocial stress.10 Psychosocial stress has often been associated with vulnerability to self poisoning11 and substance abuse.12 Although there are no adequate statistical studies to indicate the incidence of substance dependency in the GCC, it is clear that substance abuse is not a minor problem considering the number of reported drug seizures by the authorities.13 In real terms, the drugs seized by law enforcement authorities constitute only 5–0 percent of the actual quantity.14 Comprehensive data on the pattern of substance dependency is hampered by the criminal and moral stigma associated with substance dependency. Whatever the real number of people afflicted with addiction, substance dependency is a severe problem when considered in terms of personal distress, family disruption and interference with productivity and economic growth. Efforts have been undertaken in GCC countries to reduce the demand for drugs and to prevent drug abuse before it occurs. These efforts are coordinated through the Demand Reduction Committee, created in 200 with members from all countries of the GCC. The committee provides leadership in coordinating and facilitating strategies in this area including law enforcement, rehabilitation and leading and assisting the community in the task of education and prevention of substance abuse. Some studies have suggested that substance dependency occurs in adolescents in all strata of the society.14–16 However, these studies are limited to self-report questionnaires based on secondary school students. Although peer pressure is likely to play a significant part in the initiation of substance abuse,16 the subsequent heavy abuse is often associated with various psychosocial factors. It has been suggested that of all the social factors that predispose individuals to substance abuse, boredom is the most significant.14,17 The recent affluence and modernisation of the GCC societies have led many people to have a lot of spare time, as household chores are carried out by expatriate servants.14 The detrimental effects of such a lifestyle, including substance dependency, have been speculated in the literature.13,18–21 In a study cited by Al-Harthi14 of personality profiles and descriptive analyses of typical substance users enrolled in a treatment centre in Riyadh, Saudi Arabia, the most frequently stated reason for indulging in drugs was to escape boredom. This view, though substantiated by other studies in the region,22,23 has not taken into account the relationship of individual temperament to substance abuse. Recent studies have suggested that phenotypical "risk takers" or "sensation seekers" are often not inhibited from yielding to various illicit practices including substance abuse.24 Future studies in the region should examine the association between personality types, risk taking behaviour and boredom. The premise that the rise in substance dependency might be precipitated by erosion of traditional family networks and skewed social expectations might be relevant to GCC countries. Al-Hashmi18 has suggested that modernisation has resulted in the Omani family becoming nuclear at the cost of the traditional extended family. Concurrently, domestic servants brought from overseas, often illiterate in the dominant language, are providing much of the socialisation to children. Reinforced by frequent international travelling, satellite televisions and the Internet, acculturation appears to have occurred too quickly in GCC societies. Smith has remarked that these changes have brought these communities development that took a thousand years in Europe in less than 20 years.25 Studies from other parts of the world that have experienced similar rapid pace of modernisation have shown disintegration of native culture and identity as well as dissolution of the social network, to which individuals had previously turned for help when in trouble.26 In addition, the spread of education have resulted in higher levels of expectations. In the new social order, individuals in the region tend to regard employment opportunities, guaranteed higher levels of income, and especially, higher social standing, as acquired rights. Frustration of the desire to climb the social ladder leads to social insecurity.14 The present situation of society in transition fits with the classical sociological observations of Ibn Khaldun and Emile Durkheim: rapid transformation leads to breakdown of traditional social cohesion.14As a result, the sense of belonging becomes a luxury, leading to social drift, alienation, and the proliferation of social misfits. The society itself may become anomic. The relationship between acculturation, anomie and drug taking has received empirical support.27 The present tendency is to view substance abuse in its psychosocial context rather than on moral terms. While more studies that are comprehensive are needed to examine the pattern of use and misuse of drugs in the GCC countries, there are various reasons to assume that substance dependency is likely to continue to pose a problem in the region. First, the geography helps both trafficking and consumption. GCC countries are located close to the "Golden Triangle" or "Drug Belt", a part of Asia where underdevelopment and political instability have fuelled drug driven economies. Second, being on a major route for international airlines and sea routes by virtue of being in the middle of the world, GCC countries are at constant risk of being used as trans-shipment points for drug trafficking. The Arabian Peninsula has a vast coastline with its horizon overlooking major sea routes to different continents. Even if vigilance to guard its borders is heightened, such a long coastline would remain porous. Moreover, effective surveillance would require more allocation of resources and work force, drawing vital resources away from establishing essential remedial and rehabilitation services for the victims of substance abuse. Thirdly, the increasing number of visitors and the presence of foreign labour in the GCC also help make the "Gulf route" a crossroad for trans-world drug supplies. Some individuals may fall prey to the fallouts from these passing illegal shipments even though they may be destined elsewhere. It is also possible that an increase in consumption of illicit substances among the local population has in itself escalated the demand. In support of the latter view are the rising statistics on the mortality related to drug abuse and the number of clients seeking treatment in rehabilitation centres in the GCC states.15,28 Dispensing accurate information on issues related to substance abuse is a key component to fighting drug abuse. Studies are needed to illuminate the effect of substance dependency in the GGC countries as the mass media often tends to downplay the risks of drug use, or sometimes even glamorises it. Evidence is emerging on the personal consequences of substance dependency. Okasha, in the context of Egypt, has demonstrated that substance dependency is likely to lead to underachievement at school or work and exacerbate family stress, financial burdens and exposure to criminal activity.29 However, literature does not discern whether these social problems are the cause or the effect of the substance dependency. Substance dependency is often associated with psychiatric morbidity30 but it is not clear whether this is cause or effect. Karam et al in their report from Lebanon suggest a strong relationship between addiction to substances of abuse and psychiatric diagnoses.31 These authors further suggest that certain personality types often abuse specific substances. However, such a simplistic view appears to be merely reiterating the chicken-or-the-egg argument. Some authors have suggested that substance dependency is a form of self-medication, which implies that individuals with substance dependency have high levels of psychosocial distress and use illicit drugs in an attempt to alleviate their distress. This is relevant to the suggestion that some psychiatric symptoms may mimic withdrawal effects of chronic substance dependency and withdrawal symptomatology co-varies with cognitive and psychological functioning.32 In addition to psychiatric illness, substance dependency has been seen to increase the risk of adverse drug reactions. A well-known complication of substance dependency is the risk of transmission of human immunodeficiency virus and other infections.33 VISIBLE PATTERNS IN THE GCC The discovery of oil in the GCC has brought rapid modernisation as well as unprecedented material progress and economic security.34 Although GCC nationals, like other cultural groups in developing countries, are thought to have beliefs that protect them against developing substance dependency, such beliefs appear to be eroding with the rising tide of acculturation and economic restructuring. Demographic factors such as the preponderance of adolescents in the population will continue to elude those advocating demand reduction policies even if harsher penalties are decreed for traffickers and users. Approximately 60% of the population in the region are less than 20 years old.35 As reported elsewhere, 36 adolescents are prone to risk taking behaviour, a temperament that has been associated with developmental milestones including the underdevelopment of the orbital-frontal cortex.34 In GCC countries, the rate of juvenile delinquency has, in a span of 0 years, increased approximately by 400%. Unless the needs of such a large and important segment of society as its young people are addressed, this may present a demographic time-bomb with unpredictable social consequences. With a fast growing population, competitions for social and occupational roles are likely to be more intense, leaving many failed individuals behind. With such a demographic trend, it is likely that many individuals carry a greater risk of developing various adjustment difficulties including substance dependency.37 Data emanating from other developing countries suggest that drug peddlers tend to target the poor and the unemployed. Whereas substance dependency in other parts of the world is often associated with economic and social breakdown,38 no study has examined whether substance dependency in the GCC countries follows the same pattern.39 Preliminary observations in Oman suggest that there is relationship between unemployment and propensity for substance abuse.14 Interestingly, the study suggests that addiction to illicit drugs is likely to interfere with employment, often rendering some individuals to lose their jobs. In the midst of such conflicting views, further studies are needed to ascertain the conditions that trigger drug dependency in the community.40 While more information is needed in order to make an informed policy on substance dependency, there is some evidence pointing to which substances are widely abused in GCC countries. First, clinical reports suggest that solvent misuse is extensive although no formal studies have been conducted. Hafeiz41 has suggested that abuse of solvents often occurs in order to overcome the boredom of modern living. There is also increasing evidence to suggest that some of these agents cause mental disorders42 as well as neurological complications.43 The chemicals in question include glues, liquid shoe polish, deodoriser, petrol, cologne and insecticides.44,45 A special pattern of substance dependency associated with social deviancy and delinquency also involves a home-made mixture of dates and ointments as well as inhalation of intoxicating fumes derived from burning the wings of cockroaches and ants with volatile substances. Habitual inhaling of these substances is often associated with a failure to thrive.42 Secondly, inhaling smoke derived from nicotine based substances is now common in many GCC countries.46,47 Tobacco is often chewed, snuffed or smoked either in cigarettes or in sheesha. The latter (also known as hookah) is a smoking device, widely used in some communities of the Arabian Peninsula, to smoke jurak, a cooked tobacco-fruit mixture, and burnt by an electrical device or by charcoal. The produced smoke passes through the water at the base of the sheesha and then a long-tube before it is inhaled. Though most smokers consider sheesha less harmful to health than cigarette smoking,48 this has not been substantiated in regional studies.48,49 Experimental and clinical studies have found that nicotine, an active ingredient of both sheesha and cigarettes, not only triggers cardiovascular diseases, but also predisposes frequent users to various neuropsychiatric disorders.50 The question remains whether smoking triggers mental illness or people with mental illness are more likely to smoke.51 Pharmacological studies have unequivocally shown that nicotine is as addictive as other well-known psychoactive drugs such as cocaine and amphetamines.52 However, GCC countries have given a low priority to this a public health issue. Demand for nicotine has been falling in industrialised nations, 53 but a similar picture is not emerging from middle and low income countries. Cigarette companies are now targeting the developing world.53 Moreover, cigarette companies are manufacturing products of differing quality for sale in different markets. It has been shown that cigarettes of the same brand sold in developing countries have higher tar content than in the country of origin.54 Some studies have suggested that certain cigarettes are made from more potent, hence, more addictive, nicotine.53,55 As there is no known effective program to educate people about the dangers of smoking, prevention and smoking cessation appear to an unattainable goals. To compound the problem, some proponents of the "gateway phenomenon" suggest that smoking is a springboard to hard drugs such as cocaine and heroin, 56 though there is also evidence to contradict this view.57 The social problems precipitated by alcoholism have not yet been reported in the GCC countries though some reports suggest that drinking problems are proliferating.13,44,58 The World Health Organisation59 estimates that more then 5 million people are disabled because of alcohol use, making it the fourth leading cause of worldwide disability. Theobald has suggested that approximately 0% of alcohol consumers will at some time experience serious health problems related to their drinking habit.60 As many individuals are now facing the daily challenges of modern living and the pressures of modern life, alcohol abuse is thought to be one of the elusive antidotes to modern insecurity.17 Some recent findings suggest that individuals who have a high subjective level of insecurity in their lives are likely to abuse alcohol to ward of their psychosocial stress. Interestingly, people with such attributes have been seen to have refractory types of alcoholism.61 Alcohol syndromes such as delirium tremens and Korsakoff's psychosis are known to occur among people who consume it regularly.50 Persons at risk of drinking problems cannot be reliably identified in the population; therefore the pattern of drinking and its psychosocial correlates are indicated for the GCC countries. The bulk of the studies21,45,58 have focused solely on exploring the validity of research instruments on cross-cultural application of drinking attitude and behaviour. Little is known on the effect of alcohol repackaged as "cologne" available in some GCC countries.62,63 Colognes or ethyl alcohol-containing perfume and after-shave are sometimes ingested as an alcohol substitute.64 Relevant to this, it would be important to determine whether the availability of alcohol and other soft drugs deters people from going into narcotics that are more dangerous. One suggestion is that in those societies of GCC where there is a relaxed attitude towards alcohol, there are fewer propensities towards heroin and other dangerous drugs.14 It also not clear how such information would be helpful in planning intervention programs in GCC countries, as the experiences from other societies suggest a complex relationship between alcohol and substance abuse. The "gateway theory" would suggest that using alcohol leads people to use harder drugs like cocaine and heroin.65 There is also scant information on the pattern and psychosocial correlates of over-the-counter medications in the GCC countries. Though generally viewed as harmless, many of them have the potential for abuse, particular those that are considered to be amphetamine-like stimulants.66 These includes nasal decongestants, bronchodilators, appetite suppressants and energy pills and drinks. While there is no evidence to suggest that cocaine and hallucinogens are widely consumed in the GCC countries, 13 the story of opiate use is somewhat different. Historical documents suggest that opium was considered as a medicinal substance in the Middle East. It was recommended by various towering Arab figures such as Ibn Sina.1 More recently, however, its semi-synthetic counterpart, heroin, far removed from its cultural context, is becoming the drug of choice for addicts in the GCC countries. Being close to heroin producing regions of the world, GCC appears to be the trafficker's place of choice. Being capable of causing compulsive dependency within a short time, heroin has a devastating effect on the user and society in general. To those who are addicted to heroin, it appears the habit leaves them little time for meaningful life. To compound the problem, as 90% of GCC heroin addicts use it intravenously, sharing of contaminated needles causes infections of human immune deficiency virus and a high incidence of other infections.33 Similarly, the number of cases of heroin addiction is often directly related to the number of crimes.27 Despite stringent regulations to reduce the supply and demand, the habit proliferates. Judging from the quantities of drugs seized by the authorities, the last decade has witnessed a dramatic increase in the number of cases of heroin addiction, the number of addicts seeking rehabilitation, and death due to heroin overdose.PROSPECTS FOR THE FUTURE Rehabilitation for addiction is often in the hands of psychiatric or penitentiary services though some specialised centres have emerged in some GCC countries.16 Culturally sensitive interventions seem to be often relegated to fringe importance. Medical interventions are likely to grow considering the many claims about new pharmacological tools that take advantage of the chemical properties of alcohol and other drugs. However, drug treatment for substance dependency should not hold up the search for psychosocial predisposing factors, which, in turn, could be a springboard for educational strategies to reduce demand. Indeed, blind adherence to pharmacological intervention not only seems similar to drug peddling, but also may be counterproductive in the long term. A biomedical explanatory model of substance dependency may lead to stigma, and lessen the individual and societal accountability in tackling compulsive dependency. Stressing personal responsibility, on the other hand, motivates one to change, as well as help one understand the challenges ahead and evolve coping mechanisms.67 As distress and stress are experienced in a socio-cultural context, rehabilitation services should avoid committing what Kleinman has called a "category fallacy", where a view of human nature developed for one cultural group is uncritically applied to members of another group for whom its validity has not been established.68 According to Kleinman, this results in a "distortion of pathology" rather than a critical understanding of the ways in which the members of a different cultural group perceive, experience and communicates beliefs and distress. One of the essential grounds for formulating enlightened policies toward drug dependency is to consider the society's outlook towards mood altering substances. Despite the documented frequency of substance abuse in GCC countries, a review of the literature reveals no objective studies on knowledge, attitude and perception. Opinion towards substance dependency among citizens of GCC countries is likely to have a wide-ranging influence, affecting issues as diverse as personal consequences of substance dependency, prevention, care and management of people with substance abuse. Historical and cross-cultural studies have suggested that individuals with substance dependence are likely to encounter active discrimination and harassment which, in turn, exacerbates their psychosocial predicament and perpetuates their relapse into drug taking.37 Similarly, it has been suggested that social attitudes can be more devastating than the addiction itself, and the addict's family suffers as well.69 Although many victims of substance dependency could benefit from treatment, attitudes of society towards them is likely to hamper their seeking rehabilitation. As a result, many are likely to stay underground until addiction has reached an advanced stage of irreversible pathology. This not only increases pessimism of the victims and those around them but also shatters the prospect of recovery. Therefore, more research in GCC countries should be conducted in order to shed light on socio-cultural factors that precipitate individuals to succumb to substance abuse. This would open the door for contemplating strategies to achieve a reasonable level of prevention as well as to prioritise which aspects of services are pertinent to the region. Grinspoon and Bakalar have suggested that of all the mistakes repeated, the most serious is trying to free society of drugs via legislation and regulation.70 Indeed, many studies1 suggest that no punitive measure deters availability and abuse of drugs.14 It appears that financial gain is one of the strongest determining factors. Globally, though consensus from the experts in the field suggests that substance dependency is a disease, public opinion often considers it a form of moral degeneracy that can destroy social values. As a result, victims of substance dependency are sent to the prison. Many countries have pursued the idea of creating a national consensus towards zero tolerance for substance abuse and death penalty for drug traffickers. The policies fluctuate between curbing trafficking, reducing demand and decriminalisation of certain classes of drugs.71 Some countries have considered decriminalizing soft drugs and the debate continues on the rationale of dispensing heroin to heroin-addicts.72 Although more time is needed to assess the long-term outcome of these new programs, history has shown that none of the previous campaigns to curb the spread of substance misuse has worked. Instead, the situation appears to be summed up in Bob Marley's lyric, "So you think you have found the solution; But it's just another illusion". CONCLUSION The problem of drug abuse in the GCC is a multi-dimensional one without easy solutions. This paper has touched upon several of these issues. Even though for zero tolerance to substance dependency is advocated, no program has been found to be universally successful in reducing drug dependence. Historically, many societies have tried both criminalisation and decriminalisation but to no avail. Despite all the technologies to monitor and legal authority to bring the drug traffickers to justice,including the threat of death penalty, dealing with substances that cause addiction is becoming a global challenge of ever increasing magnitude. More discouraging, the problem has even affected societies where one would expect cultural factors to protect them from the attraction of drugs. The purpose of this paper, thus, is to "point a finger to the moon", the moon symbolising the complexity of substance dependency. One should not confuse the moon with the finger that points to it.

Part five of an interview with Matilda Koeller. Topics include: What it was like for Matilda to have her first child. Her husband's work and the different places they lived. What it was like when he was unemployed after the start of the Great Depression. ; 1 DONALD KOELLER: Tell me about Wally's birth. Did you have to rush to the hospital or.? Tell me about Wally's. MATILDA KOELLER: No, no. Waller, uh, uh. well, Waller's birth was, you know. uh, Dr., uh, Ballingers, you know, he-he had office hours twice a-a day in the afternoon and the evening. And so he said, "Well, when you get signs, go to the hospital." So I called them up and, uh, he rushed to the hospital and I wasn't even there. [Laughs] I couldn't make my. DONALD KOELLER: What hospital was that? MATILDA KOELLER: Lutheran Deaconess Hospital where all three of you were born. That building is torn down. That hospital is torn down now. DONALD KOELLER: Where was that? That was. MATILDA KOELLER: That was right there on, uh, around, uh, Hoyne and, uh. DONALD KOELLER: Leavitt? Or Walton and. yeah. MATILDA KOELLER: Yeah, yeah, near Saint Mary's. See, that, uh. the price. well, the Catholics wanted that, wanted that, uh, space because, uh, they were getting I don't know how many millions of dollars from the government to build a new, uh, a-a new hospital to Saint Mary's, see. And so, uh, a lot of the, especially Ester Strube was disappointed because she has donated money to the Lutheran Deaconess Hospital and she gave, I don't know, 2000 hours of free service. And, uh, all of a sudden, uh, it was, "No, don't sell it." And then all of a sudden, just from under their feet, it was sold and then it was. the money was given to the Lutheran General Hospital in Park Ridge. So that's the outcome of. DONALD KOELLER: What was it like for you to have a baby? MATILDA KOELLER: Well, it was. in first place, I-I was, uh. well, uh, I didn't want to go outside. You know, I was more or less, uh, ashamed of being big. I was big. And, uh, uh, I didn't have money, uh, you know. Uh, I didn't have, uh, uh, maternity dresses like 2 they have today. And I know I didn't go to church. I didn't want to be seen as, you know. so I stuck close to the house and just went shopping. DONALD KOELLER: What kind of medical prenatal or.? MATILDA KOELLER: I had none. When I was five and a half months, I went to the doctor for the first time. I felt like. and to show you how [laughs] I must have been awful dumb. But anyway, I wasn't dumb but I was backward bashful and Ballinger said to me, "Well, now what can I do for you?" And I said, "Well, I think I'm pregnant." [Laughs] He said, "You think?" [Laughs] And I already felt like. DONALD KOELLER: [Laughs] MATILDA KOELLER: I didn't go to the doctor like they do today because it was a natural thing in those days just to have a doctor and if something. you needed attention. But I didn't go to the doctor, I think, maybe two or three times before Waller was born. And I did that with all three of you boys. DONALD KOELLER: How was Dad taking to the idea of family way? MATILDA KOELLER: Well, Dad went to. see, how did I get to the hospital? So we had a car then, you know, Charlie's car. So he drove. DONALD KOELLER: He went back to Race to get the car? MATILDA KOELLER: Yeah. Well, yeah, Charlie let us have the car. So I didn't go to the hospital until the next morning or in the evening because doctor was there and I wasn't there, you know. But I had more or less a false alarm, and Waller took about two days. Now, with you, at first he said to Walt, "You can have the car when it's ready." And when I got in the car, my water broke. And I felt bad about that, that the car was wet, but he didn't, you know. And that's when the doctor. the intern then worked on me and – I don't know. Did I tell you what happened? DONALD KOELLER: No. 3 MATILDA KOELLER: Well, see, the intern worked on me while the doctor had his office hours from 7:00 to 8:00. And when he came in, this intern was pressing hard and I was in terrible agony and my head was laying over the table way back and I saw Dr. Ballinger coming in and I said, "Oh, Dr. Ballinger." Then he said to the intern, "Stop!" And he, the intern, somehow or another, injured your head. But when you were born, you were a beautiful baby and I nursed right away. They couldn't get over how I could nurse a baby. Generally, it took a day but I nursed you right away. But the next day, they never gave me you. And I wondered and wondered and I was filling up, and then they held you away from me a whole day. But in the meantime, Dad, you know, of course got a hold of Mildred and said, "Oh, we got such a beautiful baby. Oh, is he beautiful." You know, and of course, she came to the hospital and then you were in a separate compartment away from all the other babies. And when the nurse brought you to the window, Dad and Mildred nearly [unintelligible - 00:07:18], you know, couldn't. they were shocked because your head was in a point, see. Because see, the intern had. DONALD KOELLER: Compressing? MATILDA KOELLER: Yeah, yeah, see. DONALD KOELLER: How long did my head remain a point? MATILDA KOELLER: Well, the next day, it went back into normal. [Laughs] But that was serious. DONALD KOELLER: I'm not pointed now. MATILDA KOELLER: Yeah. But I mean, that was really serious because you. DONALD KOELLER: What did they tell you? MATILDA KOELLER: They didn't tell me nothing. DONALD KOELLER: And what did you think? 4 MATILDA KOELLER: You know, and I said, "Where is my baby?" And well, it never dawned upon me that there was something wrong with the baby, you know. It never dawned upon me. DONALD KOELLER: So then Dad came in and told you? MATILDA KOELLER: No. Then the next day. I first found out the next day. DONALD KOELLER: Well, after Dad saw me, what did he do? He did not come to visit you then? MATILDA KOELLER: Yeah, he came, you know, Mildred and… but they kept everything from me. They didn't say a word, you know, because they didn't want me to worry about it, I suppose. And then when Ralph was born, I said to Ballinger, I says, "I don't want nobody to touch me but you." He said, "Don't worry. Nobody will." And so he was concerned, too. DONALD KOELLER: Well, was Ralph's birth then.? MATILDA KOELLER: Yeah. DONALD KOELLER: Nothing unusual? MATILDA KOELLER: No. It was just very natural. I never. the only thing I remember – I mean, I never – I did make noise when the intern was trying to rush the job, because I was in real pain. But other than that, the nurse, when Ralph was born said, "Let me know when you get a pain. I don't know when you get a pain." So I was able to contain myself without even a slight sign of pain. DONALD KOELLER: How did you pick the names Walter, Donald, and Ralph? MATILDA KOELLER: Well, Walter I really. Walter was named after his father. And I like the name of Ralph and when the doctor said, "What are you naming.?" Because we always called Dr. Ballinger, and he said, "What are you going to name this boy?" And we said, "Ralph." I mean, Donald, see. And there were three babies baptized in Christ Church by the name of Donald, one after another. Reverend Hurdle said, "What happened? What's this name about Donald?" 5 DONALD KOELLER: But there's nobody in the family named Donald? MATILDA KOELLER: Oh, yeah. I like the name of Donald. I have a cousin by the name of Donald. And I had Donald. DONALD KOELLER: Which cousin? MATILDA KOELLER: That's up in… well, he died about the same time Mildred did. He was a shorthand teacher in college in Whitewater. DONALD KOELLER: But he was part of the Logan [Court]. MATILDA KOELLER: He was part of the Courts. His name was Donald Court. He was. Henry Courts was one of Anna. DONALD KOELLER: Anna's brother. MATILDA KOELLER: Yeah, brother. And he was electrocuted. He worked for electrical concern up there and he climbed. that was when electricity was pretty young, you know. And he climbed up the ladder and touched the wrong wire and was electrocuted. DONALD KOELLER: Where did the name. and then Albert came? MATILDA KOELLER: Albert came. I imagine, Albert came through Albert Stockholm. I really. you know. DONALD KOELLER: And Walter's middle name was Henry. MATILDA KOELLER: Yeah. They came from Henry. DONALD KOELLER: From your brother. MATILDA KOELLER: Yeah, my brother – and also the uncle. DONALD KOELLER: What about Adolf? Was Wally always.? MATILDA KOELLER: Well, Adolf came from Dad's side of the family. DONALD KOELLER: Where? I don't ever recall. MATILDA KOELLER: Well, I think. let's see. Adolf, I think, originated. there are some Adolf in the Koeller family. Maybe Frederick has Adolf in it. DONALD KOELLER: And Ralph? MATILDA KOELLER: And then Ralph, I like the name of Ralph. And Dr. Ballinger said. and I said, "Well, I like the name of Ralph." He said, "Well, that's my name." That was his name. 6 DONALD KOELLER: Ralph Ballinger, the doctor. MATILDA KOELLER: Yeah, see. But I didn't. DONALD KOELLER: But there was nobody in the family. MATILDA KOELLER: No, nobody in the family. But we didn't pick. you know, we didn't pick anybody's name in the family. I wasn't crazy about the name of Albert, so we gave it as, you know. DONALD KOELLER: A middle name. MATILDA KOELLER: A middle name. Yeah. DONALD KOELLER: What about Carl? Who is. for Ralph Carl? MATILDA KOELLER: Well, Carl was a short name of Charles, see. Evidently, you know. because I didn't do all the picking. DONALD KOELLER: No, no. MATILDA KOELLER: See. And we didn't want to be all one-sided, you know, on my side of the family only, you know although Walter's. DONALD KOELLER: Well, Henry was on your side. MATILDA KOELLER: Yeah, Henry. But I always liked the name of Henry. And I understand, I think Margaret's father's name, I think, is Henry. Because they asked. in a letter, they asked names, you know. I said, "Well, you know, I want [laughs] I wanted somebody be named Jacob after my father." [Laughs] DONALD KOELLER: Not a chance mom, not a chance. [Laughs] I don't think Cathy will ever name her. When the babies were being born, during that period of time, then you bought the house, the bungalow. MATILDA KOELLER: Yeah, we bought the house when. we bought the house before you were born. I was expecting then. And Mae and Albert and Evelyn lived with us for a whole year. DONALD KOELLER: In the house – in the bungalow? MATILDA KOELLER: In the bungalow, yeah. DONALD KOELLER: Was that Mae and.7 MATILDA KOELLER: Mae, the kid sister, and brother-in-law, which was a traveling salesman. He only came home about every six weeks. And Evelyn was going to high school then. DONALD KOELLER: Evelyn.? MATILDA KOELLER: Evelyn [Stockholm]. Evelyn. DONALD KOELLER: Was their daughter. MATILDA KOELLER: Was their daughter, yeah. DONALD KOELLER: Tell me about the house. I mean, it wasn't a two-family house though, was it? MATILDA KOELLER: No, no, it was. DONALD KOELLER: With a single kitchen. MATILDA KOELLER: Yeah. But she. it had a great big. we had two bedrooms and then an extra porch, an enclosed porch. They had two porches, one was enclosed and one was open. But that only lasted a year. DONALD KOELLER: Was that a shared purchase or.? MATILDA KOELLER: No, no. DONALD KOELLER: You owned it? MATILDA KOELLER: No, no. We owned it, but Mae. you know, the rents were going up, you know, and she was looking for property – and I don't know how it was. Because Mae, we were getting along fine with Mae. There was no reason why we couldn't make it go all this… DONALD KOELLER: So it was just – I mean, that made it. you got rent from them which helped to pay for the.? MATILDA KOELLER: Yeah. We got expenses from, you know, rent, but it was very little, you know. But see, we didn't. we bought the house and we were not in it when your father was laid off for 12 weeks. So we knew at that time. anyway, I felt at that time that we wouldn't be able to hang on to it because we lost the $500 cushion that we had in the bank because the bank closed. 8 DONALD KOELLER: This was. you moved in the house in '31. MATILDA KOELLER: We moved in the house in '31. See, we were married in '28. No, I think we moved in '30. But see, the way the house had to be paid was every five years, you had to renew the contract, see, and that would cost $500. See, it's different than today. You can buy a house and put $2,000 down and then pay every month and there was just that bill to pay enough at the end of five years. You see, that was. well, when there was no money coming in for 12 weeks, then the little that we had and what we got from Mae survived us. And then, of course, he worked but then he had to take a terrible cut, and then we were allowed to stay in the house for a certain length of time, I don't know, was it two years before we moved, but we had to move. DONALD KOELLER: So you were evicted? MATILDA KOELLER: Yeah. DONALD KOELLER: Where was the house? MATILDA KOELLER: It was on Merrimac. DONALD KOELLER: Do you remember the number? MATILDA KOELLER: It was between Belden and Addison, Addison and Belden. DONALD KOELLER: And what did you pay for it? I mean, how much.? MATILDA KOELLER: Seven thousand two hundred dollars for a brand new house, brick. DONALD KOELLER: And you had to put $500 down? MATILDA KOELLER: No, we put more. We put in $1,200. Well, then we got up there, but in winter, it was colder than blue blazes and I had to learn how to make a fire on a little stove and also on the kitchen top stove. No, no, that. the heat from the basement, from her flat kind of warmed up but there was no storm windows and it wasn't insulated. You know, it was an attic flat with living room. two bedrooms and a living room and a dining room and a kitchen. It was a big attic but it was cold so 9 that we had to. what Dad and I did, we draped a blanket in between the living room and the dining room because we didn't have money for coal you know. And it was nice up there and always been, the place, but we could only stay there a year because Walt lost his job then. DONALD KOELLER: Let's go back when Dad was working at Wilson and you bought the house. So before you even moved in, he was laid off from work. MATILDA KOELLER: No, he was laid off for 12 weeks. Yeah. DONALD KOELLER: For 12 weeks. Why was there a layoff at Wilson's? MATILDA KOELLER: Well, I don t know why. I think the place just wasn't. I don't know. They were all laid off, I think, for 12 weeks. Anyway, he was laid off and I think Paul was laid off, too. DONALD KOELLER: But then after 12 weeks, he went back. MATILDA KOELLER: Yeah, he went back and. DONALD KOELLER: With a cut in wages? MATILDA KOELLER: With a cut in wages. DONALD KOELLER: Well, that would have all been tied to the overall Depression that was going on. MATILDA KOELLER: Yeah. Because the Depression was. see, because then, you know, while we were living on Eddy Street, Pastor Hurdle came to visit, you know, he came to do his visit. And I started to cry because Walt was working until 9, 10, 11 o'clock at night. And this was during the, you know, Depression. And he said, "Well, I can't understand. You're crying he's working too much, and there are men crying for a job." Because dad was making big money, sometimes, he came home with $80, $90 to do the [piece] work. DONALD KOELLER: And then that ended for 12 weeks. When he went back, it was.10 MATILDA KOELLER: Less money. And just all what happened in there is that Paul got an idea to work Friday night so they didn't have to work Saturday so he could go fishing. And then a doctor saw that – Paul had the men working 24 hours straight so he could go fishing. And this one particular time, Paul had been asking him to go fishing. And so this one particular time, it was real hot and Walt went and the weather changed and he took sick. He never went fishing after that because he froze and he was a sick man after that for a long time. Then came in this WWW something; Roosevelt got this order that any person that was not well and was sick should be laid off and only the healthy men worked. So that was the government's order. So the doctors were called in and the men were examined and that day, 50 men were laid off just like that – no warning, no severage pay, no nothing. Well, Dad was a good worker and the bosses wanted him back, but the doctors would say, "No, you can't come back." They even laid him off with [unintelligible - 00:23:23]. DONALD KOELLER: When they were laid off, did they get any kind of unemployment compensation? MATILDA KOELLER: No, nothing. DONALD KOELLER: Nothing. MATILDA KOELLER: Nothing. DONALD KOELLER: No wonder you didn't like Roosevelt. [Laughs] MATILDA KOELLER: Well, you know. after that, I certainly didn't love him because our whole lives [unintelligible - 00:23:51] because we couldn't get no relief. We finally got relief and then we were taken right off of that because I foolishly said that we had a bank account for Waller and there was $7 in it. And they investigated more and found out that Dad's name was on his father's bank book. And we were called in the office and said, 11 "How come?" We said, "No, that's not our money. That's my father-in-law's money. That's his, you know." DONALD KOELLER: That was from his taking care of the finances for Frederick. MATILDA KOELLER: Yeah, see. And they said, "Well, you use that money." And we said, "That's stealing." They didn't care. They just took us right off, and we had, I think, two weeks of relief and that's all. So Walt did not get any money for two years. Charlie gave us $15 a week and that's what we lived on. DONALD KOELLER: You then moved to 1936 Race. MATILDA KOELLER: Yeah. There was no other. DONALD KOELLER: How long were you at the Belden apartment? MATILDA KOELLER: One year. DONALD KOELLER: And from there, then you went to 1936 Race. MATILDA KOELLER: Yeah. And then things got so, you know, bad after all. No clothes were bought and the boys needed shoes. And there was a lot of WPA workers working and you can only work I think a year and a half on it and then somebody else would get a chance. And so Walt wrote a letter to WPA, saying his children need shoes. We haven't had any income for two years. And so he got on WPA. DONALD KOELLER: When was that? I mean, was that. MATILDA KOELLER: Well, that was after two years that we. Walt was 7 years old when we moved on Race Avenue. DONALD KOELLER: That was 1937. MATILDA KOELLER: He was just almost. yeah, in '36, I think. DONALD KOELLER: '36. MATILDA KOELLER: See, and. Then he got $50 a month. Then he got to be, I don't know what you would call that, a custodian of the finished order, to order materials or order. DONALD KOELLER: With the WPA? 12 MATILDA KOELLER: Yeah, with the WPA. Then we got $90 a month. Dad worked for a year and a half. And in the meantime, Matilda Blackmore was in the hospital and we went to visit her. Matilda Blackmore and Mrs. Wellhaven were in the same room. Mrs. Wellhaven. DONALD KOELLER: How did you know Mrs. Blackmore? MATILDA KOELLER: Through school, through Revere Electric. She was the bookkeeper, see. DONALD KOELLER: Right. MATILDA KOELLER: Now, see, your father lost his job through a Matchless… you know, he was fired there. DONALD KOELLER: Matchless? I don't. MATILDA KOELLER: Matchless, a rubber. well, Wellhaven was the boss there. DONALD KOELLER: Oh, but that would. wait a minute. He got. MATILDA KOELLER: Wait, just a minute. Now, let's go back to the two women in the hospital. DONALD KOELLER: All right. MATILDA KOELLER: Well, Matilda got acquainted with Wellhaven, Mrs. Wellhaven. And she found out that he was in business, that he, you know. and so she spoke up for Walt. "Can you get Walt a job?" DONALD KOELLER: This was when he was working for WPA? MATILDA KOELLER: Yeah. When he was ready to be laid off or maybe he was laid off by then. Well, we get a phone call and he was offered a job for $15 a week. So, he took it. DONALD KOELLER: From Mr. Wellhaven? MATILDA KOELLER: From Wellhaven. DONALD KOELLER: So he went down, he got the job, and from that time on, why, he worked. You know, then somehow or another, Matilda. it was Matilda and us that always got. then somehow or another, she invited Wellhaven and then we got acquainted with Wellhaven, see, with the boss. I think that's how it worked. 13 And Wellhaven was. Anyway, he quit that job. He was in partnership with it and then later on, Walt was fired. Wellhaven started his own buffing business, see. Then there was jealousy, at some man at Matchless and he fired Walt. And after he was fired, he wanted Walt to come back to work. But by that time, Walt had found a job./AT/mb/ee

Background: In all societies, the burden and cost of allergic and chronic respiratory diseases are increasing rapidly. Most economies are struggling to deliver modern health care effectively. There is a need to support the transformation of the health care system into integrated care with organizational health literacy. Main body: As an example for chronic disease care, MASK (Mobile Airways Sentinel NetworK), a new project of the ARIA (Allergic Rhinitis and its Impact on Asthma) initiative, and POLLAR (Impact of Air POLLution on Asthma and Rhi-nitis, EIT Health), in collaboration with professional and patient organizations in the field of allergy and airway diseases, are proposing real-life ICPs centred around the patient with rhinitis, and using mHealth to monitor environmental exposure. Three aspects of care pathways are being developed: (i) Patient participation, health literacy and self-care through technology-assisted "patient activation", (ii) Implementation of care pathways by pharmacists and (iii) Next-generation guidelines assessing the recommendations of GRADE guidelines in rhinitis and asthma using real-world evidence (RWE) obtained through mobile technology. The EU and global political agendas are of great importance in supporting the digital transformation of health and care, and MASK has been recognized by DG Santé as a Good Practice in the field of digitally-enabled, integrated, person-centred care. Conclusion: In 20 years, ARIA has considerably evolved from the first multimorbidity guideline in respiratory diseases to the digital transformation of health and care with a strong political involvement.

Transcript of an oral history interview with Robert William Christie, conducted by Jennifer Payne on 21 November 2013, as part of the Norwich Voices oral history project of the Sullivan Museum and History Center. Dr. Robert W. Christie matriculated at Norwich University in 1940, the youngest member of his class. Although he is an alumnus of the class of 1944, he did not graduate until 1947 due to service in World War II. Dr. Christie received his M. D. from SUNY College of Medicine in 1951. He practiced medicine in Northfield, Vermont, 1952-1954, then specialized in pathology and practiced as a pathologist at seven hospitals in northern New Hampshire and Vermont. He discusses his experiences in the military as well as at Norwich University and as a physician in his interview. ; 1 Robert W. Christie, NU '44, Oral History Interview November 21, 2013 At the Kendal at Hanover Continuing Care Retirement Community 80 Lyme Rd, Hanover, NH 03755 Interviewed by Jennifer Payne JENNIFER PAYNE: This is Jennifer Payne with the Norwich Voices Oral History Project. Today's date is November 21st, 2013, and I am with Robert W. Christie—class of '44—and we are at Kendal at Hanover Continuing Care Community at 80 Lyme Rd. in Hanover, New Hampshire. Thank you, Dr. Christie for agreeing to be with us today and to do an oral history. ROBERT W. CHRISTIE: Thank you Jennifer. It's a pleasure and, I believe, a privilege to be able to do this. I've called a few things that I've written to augment this oral history, and I'll start off with the Independence Day celebration address that I delivered at the Dartmouth College Green in Hanover, New Hampshire on July 4th, 2012. JP: Thank you. RC: "I believe I was asked to speak here today because I am one of the contributors to—as well as one of the editors of—Kendal at Hanover's recent book of memoirs, "World War II Remembered". My comments will be about some local history, some personal history, some family history, and a few beliefs that I hope you may find to be of interest, and perhaps even instructive. I will conclude by offering you a challenge. (break in audio) JP: -- now. OK. RC: I will conclude by offering you a challenge. First, the local history. My alma mater is Norwich University, the country's oldest private military college, which was founded in 1819 right across the Connecticut River in Norwich, Vermont. Its initial enrollment, as I recall, was 17 male cadets. Captain Alden Partridge, its founder, attended Dartmouth and later became superintendent of the US military academy at West Point. Partridge, an American education visionary, believed that Norwich University's graduates should be trained to lead in times of 2 peace, as well as in times of war. The concept of land-grant colleges, and ultimately the nation's reserve officers' training program—ROTC—were founded at Norwich University. The first land-grant college bill was introduced by Representative Justin Smith Morrill of Vermont in 1857—using Norwich University as a model and prototype—and was enacted into law in 1862. The mission of these institutions, which include Cornell University and the Massachusetts Institute of Technology, as set forth in the 1862, was to focus on the teaching of practical agriculture, science, military science, and engineering—without excluding classical studies. I might add here that, during the Civil War, many of the Confederate Army officers were West Pointers—were West Point graduates, who had defected to the Confederacy, and many others were from the numerous state-supported military schools and colleges scattered throughout the South at that time. The Citadel and VMI are two examples. The only source of professionally trained officers in the Union army in the Civil War were graduates of West Point and Norwich University. Norwich University now resides in Northfield, Vermont, following a disastrous fire in 1866. An apocryphal tale has it that the university's old south barracks burned to the ground as an act of arson by Dartmouth College students who were intensely jealous of the attention Norwich's men in uniform were getting from the local young ladies. Since 1972, Norwich has been --" (break in audio) RC: "--teen-seventy-two Norwich has been co-ed—the first military college to become so. It now has an enrollment of over 2,000, including both cadets and civilian students. Last year, as I recall, the highest ranking cadet regimental officer, and one or two of the battalion commanders, were women." (break in audio) RC: I think I was a trustee during that time at Norwich, and I might have been involved in the discussions about integrating women into the Norwich family. So -- JP: That would be fascinating.3 RC: OK. Go back to. JP: Sure. Yeah. RC: "Next, some personal history. I spent eight years in the military. Three in horse cavalry ROTC at Norwich, and as an enlisted man and commissioned officer in the US Army. Horse cavalry had become obsolete, and I ended up in armor—tanks. My military occupational specialty—MOS—was tank unit commander. My military experience overseas in World War II was in the ETO—the European Theatre of Operations. I joined the 33rd Armored Regiment of the Third Armored Division. At the beginning, the Ardennes offensive—the so-called "Battle of the Bulge". The Third Armored Division was the spearhead of the First Army. My combat service was as its tank platoon leader, and eventually the company commander in a medium tank battalion. My promotion to company commander had much to do with fate, luck, and the attrition—300%—in men and equipment that the Third Armored Division experienced. From its going ashore in Normandy, until the end of the war. I moved up in command as my company's more senior officers were killed, wounded, or rotated. (break in audio) RC: "and a result of the attrition—300%—in men and equipment, that the Third Armored Division experienced. From its going ashore in Normandy, until the end of the war. I moved up in command as my company's more senior officers were killed or wounded. When the war ended at the Elbe River in Germany, we met the Russians, who had just arrived at the other side of that river. My survival and presence here today has a lot to do with my following one of Murphy's rules of combat: 'Never follow anyone braver than yourself.' Unless, of course, my company's orders from the battalion headquarters were taking that next objective, move out. I never felt brave or heroic. I just followed orders and trusted that I would somehow survive. It never really occurred to me emotionally that I would be killed. Now, some family history. On my mother's side of the family, my great-great-great-Grandfather, Johnathon Hildrith was a captain in the militia raised in Chesterfield, New Hampshire, and fought in the Revolutionary War's Battle of 4 Bennington in 1777 [sic]. I guess that makes me a son of the American Revolution—comparable to the Daughters of the American Revolution, whose name is much more familiar than the sons'. My great-Grandfather, on my father's side, George H. Weeks, was a sergeant promoted to first lieutenant in the Union army in the Civil War. American Civil War records show that as a member of the New York 115th infantry regiment, over his three years of service, he fought in 57 battles and scrimmages in Maryland, at Harpers Ferry, and Fredericksburg, Virginia—as well as in Florida, North Carolina, and Maryland. My father, George R. Christie, who's trained as a pilot and commissioned as a second lieutenant in the army's fledgling Air Corps in 1917—18. His memoir, "Wooden Props and Canvas Wings" tells, with humor and candor, what that experience and learning to fly was like in World War I. My younger brother, George R. Christie, Jr., enlisted in the army and was a parachute infantryman, AKA paratrooper. But fortunately, he did not have to serve in combat because Japan surrendered and World War II ended. He did, however, have to jump out of moving airplanes while in the air. And here are some of my beliefs. Perhaps my family history has led you to think that I am a hardcore, super patriotic, militarist by family tradition. Far from it. I found out firsthand what war was like, and I would like to see it disappear from the face of the Earth. But I fear it will not. I suspect war is built into the genome of the third chimpanzee. That's us, as Jared Diamond has characterized Homo sapiens in his book of that title, "The Third Chimpanzee". Anthropologist Jane Goodall describes troops of lower world-order chimpanzees systematically annihilating other troops whose territory they've coveted. Will and Ariel Durant, authors of the 11-volume, "The Story of Civilization" followed it in 1968 with a concise summary book, "The Lessons of History". I reread that 117-page book every New Year's Day. The Durants' chapter on war is not encouraging. Here is a quote: 'In the 3,421 years of recorded history, only 268 have seen no war.' Now, in 2012, you can add on another 44 years, and make that 268 out of 3,465 years. 5 Here are eight things that I believe to be true. War and religion are the two great constants in civilization's history. In our time, overpopulation of the Earth is a fundamental cause of most of the world's problems, especially war. Human ignorance, greed, religious conflicts, and weapons of mass destruction come next. In that order. If a country does not adapt, and prepare for war imaginatively and continually, others who have so prepared, will overcome it. The British were slow to find that out during our Revolutionary War when the colonials used the ungentlemanly tactics of guerrilla warfare over a period of seven years, to force the British to surrender. Number four, terrorists and drones are now the guerrilla equivalence of 21st century warfare. Number five, in warfare, science prevails. Prayer vigils and marches for peace, unfortunately, have not been shown to be effective. The world's acknowledgement of the overwhelming military and economic power of the United States is what has prevented, so far, another world conflict. Number six, American democracy—based, perhaps, on its Anglo-Saxon beginnings in English with the Magna Carta—shines as a beacon of hope to the rest of the world. Number seven, democracy cannot be exported. It has to arise from within a people, as did ours here in the United States. And number eight, our democracy along with liberty, must not be taken for granted. It must be nurtured, defended, and—when necessary—fought for when others threaten. So I am an unapologetic patriot, staunch believer in liberty, our constitution, and our way of government—with all its flaws. Supreme Court Justice Louis Brandeis stated, 'Our country's founders believed liberty to be the secret of happiness, and courage to be the secret of liberty.' So here's my challenge to you. On this day of celebration of our independence, for which so many Americans before us have given their lives—I challenge each of you to carry in your heart that secret of happiness. The flame of liberty. And to accept the responsibility and courage to preserve and hold high the torch that carries that flame. May God bless each of you. May God bless our independence. May God continue to bless America." So that's the end of that. RC: I almost flunked out of OCS because my voice projection was inadequate in the eyes—or ears—of "Natty Bumppo" who was the "Tac Officer" for our class at OCS at Fort Knox. And he told 6 me he was going to wash me out if I didn't improve, and he gave me a week to improve my voice as I spoke—that I would use in commanding troops. So I did. Very carefully, I went out behind the barracks and talked loudly and focused and so on. And so, a week later, he had me take charge of the company—the OCS company that I was in—and had me lead them on the parade ground by giving voice commands of which way to turn, where to stop, so on. Incidentally, as a footnote, my father almost flunked out of flight school at Cornell—pre-flight school—because—for the same reason—he was not giving commands loudly enough! And as a result, he had to, once again, command his troops on the parade ground. And during that exercise, he managed to march them into the side of the barracks. Which again, almost flunked him out of OCS. But my father was survivor, and he survived that, too, and went on and graduated from the pre-flight training, and went on to learn to fly in Arkansas. JP: Oh, my. So, where were you born? RC: I was born in Mineola, New York. My father said that the hospital in Mineola was in Nassau County on Long Island, and my mother was supposed to have a delivery date—which had passed by—and so, they got out in the car and drove around in the hopes that driving around would stimulate labor. And they were going through Mineola, and she started to have labor pains, so they drove right up to the hospital, and there she stayed until she underwent the delivery. So that's why I was born in Mineola, New York. But both my parents were New York City folk for generations. And I actually lived in New York from time to time, and—but most of my boyhood, and going up to public high school, was in Freeport, New York—which is also on Long Island. But the—when people ask me where I'm from, I always tell them I'm a New Yorker because I really feel I have that accent—and I just feel like that was where I came from. OK? JP: Yes. That's great. Why did you—how did you decide on Norwich? RC: Well, that's an interesting question. Actually I didn't decide. My father decided. My father was an employee of the Standard Oil Company of New York all his life. And he moved up in the ranks—so to speak—and it was the—talking to some of the—of his colleagues in the fuel oil 7 division. And he said, you know my son is thinking about going to college. Do you guys—you're all college graduates—do you have any suggestions to give me? Because I never graduated from college and my wife never graduated from college. And so, we don't know where to start. So, one of the guys during this conversation happened to be a Norwich trustee. And he said, George, I know just where your son should go. And he said, Norwich University. It's a beautiful location up in Vermont. It's a wonderful school. I'm a graduate myself, and he should go there. And my father said, well you know, I've been thinking about seeing whether I could get Bob into West Point, but I don't have any political connections—and he just went to a public high school, and wasn't a particularly outstanding student, so I don't think that will ever happen. And this other fellow—whose name was [Fred Coburn?] [00:21:46] a Norwich trustee—said, well you'll get the same kind of training at Norwich that you would have gotten at West Point. And he said, you know, I think that we can agree there's a war coming. This was back in 1940. And you've been in the army, you know that officers are treated better than enlisted men in the service, and when he finishes his experience at Norwich, he'll be commissioned a second lieutenant from the ROTC. So my father came home and told me the story, and said, that's where I think you ought to go. I was a good boy. I always followed what my mother and father told me to do. So I said, OK, Dad. And he said, I'll write the checks and we'll go up there when we find out whether you've been accepted or not. And sure enough, I was accepted readily. Because getting into Norwich was not a problem in those days—there were very few applicants, as it turned out—and they, Norwich, was really very happy to have anybody show up who wanted to go to Norwich. So I never set foot on the Norwich campus until the day my mother and father drove me up to Northfield, Vermont. And neither of them had ever been in Vermont themselves. They dropped me off at the parade ground. I gave them a big hug, and they drove off, and I never saw them again on that particular location until my graduation seven years later in 1947. After the war. So, that was my introduction to Norwich University. JP: And your major was a chemistry—you were a chemistry major --8 RC: Well, yeah. That's another story. I said, "Pop, you know, I don't know anything about college. How do you know what kind of courses to take?" And he said, "Well, you know, son, the chemists in this company do exceptionally well. And he said that they're well paid and they have interesting job. Why don't you take courses in chemistry?" That's how I became a chem major. I wasn't an outstanding high school chemistry student, but my father told me it was a good idea. So, being a good boy. And incidentally, I was the youngest man—next to the youngest man in my class of 1944, when I matriculated. Gerry Collins was the only one who was a few weeks younger than I was, and we were both 16-years old. JP: You were 16. You graduated from high school and were at Norwich at 16? RC: Well, and that's another story in itself because my whole career at Norwich—in those first three years before I went into the service—I was just not of the same mindset of the rest of my classmates. They were one year older, one year more experienced, been out with more girls, done more things, and so on. And I just felt—and I really actually was—kind of a misfit. And I always was a—you know—I wasn't a momma's boy, or a daddy's boy, but I always was a—I followed what my family told me to do. And that wasn't what most of my classmates experienced, I bet. And so—and that feeling dogged me through the first three years of college, and I did not terribly enjoy Norwich as a cadet—for that reason. I didn't realize it at the time, but when I got back, and put in my final year—after having been in the army, been through the war, and all of my classmates at that time—I caught up with them. Let me leave it at that. I felt very comfortable my senior year, when I was at Norwich. The first three years, they were not good years for me. JP: Oh. Did you join a fraternity? RC: Because I was a social misfit, I was never invited to enjoy the privilege of being tapped for a fraternity. It was only when I came back to Norwich, as a veteran, that—over at Theta Chi—which started at Norwich University – they invited me to come and join the fraternity. A lot of my friends were there, so I did. So that's my fraternity history.9 JP: But you were—you were editor of the "Guidon"? RC: Well, I would have been—in my senior year—I had worked up from the reporter, to assistant managing editor, to managing editor, and I was actually putting down—putting the newspaper together—the "Guidon"—and I used to go down to John Mazuzan's office. He was a Norwich graduate, and he published the "Northfield News"—the Northfield newspaper—and I used to set type down in his printshop for the headlines of the next issue of the "Guidon". So that's really—I think—where I got hooked on writing, publishing, editing—which exist through—have existed through my lifetime. JP: You've written five books, at least? RC: Yeah. JP: Yeah. So, I was going to ask what you did to relax. But you didn't—didn't really -- RC: Well, that's another story. At Norwich, in those days, you didn't relax. I mean, if you were an engineer major—civil, electrical, whatever, mechanical—or you were a chem major—you had lab every afternoon, except those afternoons when you were on the parade ground, or down at the riding hall. And there was no free time. And you went to bed at taps, you got up at reveille, and you didn't relax. It was go, go, go. But, you know, for a kid my age—a teenager—that was life. And this is what you did when you went to a military college. I didn't know any different. JP: My gosh. What was your least favorite class at Norwich? RC: Well, if you were a chem major, you had to take scientific German. Not something you learn to speak, but you had to read—learn to read German. The reason being—purported reason—was that so much of the chemical—chemistry literature at that time, was written in German. Because all of the chemistry research was going on in Germany in the early 19—late 19th—early 20th—and throughout the 20th century. So if you wanted to be a chemist, and you wanted to be able to read the chem literature, you needed to be able to read German. And I didn't enjoy that at all. And also, I must say, that it wasn't all bad. Because, having been in Germany afterward—and having some familiarity with the language—and not having learned it to speak, or really 10 understand it as it's spoken, but to only to read and to write—it was helpful to me, because I ended up as a—in the Constabulary—which, incidentally, General Harmon was the commanding general of—after the war—the Third Armored Division became morphed into the Constabulary—which was essentially a state police organization—and we were training new recruits coming overseas to be, essentially, state police officers—rather than people going out killing people, which is what we were originally trained to do, and what we actually did during the war. So I got to know German well enough. It was called Schlafzimmer Deutsch—Bedroom Deutsch. I think you get the connection. And so you get to use a lot of the language necessary to get along. And my job, as a troop commander in the Constabulary in the city of Ulm was to run the city through the Bürgermeister, the mayor. And so the Bürgermeister used to come to me every morning to get his orders of what the Constabulary wanted him to be doing or not doing. And so, you know, I had to carry on a conversation with him, and he spoke some English and I spoke some Deutsch, and we were able to communicate. So this course that I took at Norwich was not completely lost. JP: You may not have enjoyed it at the time, but -- RC: No. JP: Was there -- RC: But that's true of so many things in life, you know? You just never know how things are going to be useful, not useful—you regret them, you enjoy them later on—never realizing how important they might be in your life. Incidentally, I notice that I'm dropping my voice at the end of—do I don't know whether that's not coming through well. JP: You're still—when you talk, it goes up to the orange, so—mine isn't—let's see—upped it a little bit. I'll keep an eye on it, but you're looking—looking good. RC: You mean, I'm hearing good.11 JP: Yes. Yeah. Well, I look at this, and as long as you go in—up to the orange—you're fine. We don't want you in the red a lot, because then it could clip—although I've never had that happen—but so far, so good. Was there a favorite instructor at Norwich who you had? RC: Well, I had two—three. Perley Baker1 who was a professor of chemistry. Shorty Hamilton2 who was next in command. They had both been in the—in World War I, and they had been in the chemical warfare departments. And I liked them both. Absolutely different personality. Perley Baker stood up straight, was well-dressed, uniform, trousers creased, so on. Shorty Hamilton was a bit of a slob, if I may say so—very relaxed—very laid back, Vermont-type personality. And we all were respectful of Perley Baker, but we all enjoyed the presence of Shorty Hamilton. I'll put it that way. And if you had a problem, you'd enjoy talking to Shorty rather than Perley. That does not mean that we didn't think a lot of Perley. The third guy—I've forgotten his first name—his last name was Taylor.3 He was a civilian. He was very uncomfortable in uniform. I think he was at Norwich as an instructor in English because somehow he thought he might not have to go into the real service if he was a professor at Norwich. Anyhow, it didn't turn out that way because Norwich closed, and I don't know where he went. Never—but he taught English. And I loved that course. That's where, incidentally, the term "Natty Bumppo" came from because some of the readings that I did were Nathaniel Hawthorne.4 And it may not have been American history that he taught. It might have been teaching American literature—I think that was it—and we did a lot of reading of American literature. And I really enjoyed that. And I realized—I've realized, latterly in my life, that I should have been an English major, not a chem major. But, you know, I was on the Dean's List all the time, so it wasn't completely lost. JP: For the audience, can you explain who Natty Bumppo is? For those not familiar. 1 Perley Dustin Baker, Professor of Chemistry 2 Harold Chapman Hamilton, Professor of Chemistry 3 Ralph Carlyle Taylor, Assistant Professor of English 4 Natty Bumpo is the protagonist of James Fenimore Cooper's Leatherstocking Tales.12 RC: Natty Bumppo was a comical character in Nathaniel Hawthorne. I've forgotten all the details, but if we can break right now -- (break in audio) JP: And we're back with Dr. Christie. So, let me ask you. Do you remember any funny stories about life or people at Norwich? RC: Well, after so many years, it's hard to recall. But one funny story that I actually described in a publication here at Kendal, was a small essay called "Life's Darkest Moment" or "The Day I Goosed Shorty Hamilton". So I'm going to read this little essay. "It was one of those Tuesday or Thursday afternoons when all those of my classmates majoring in liberal arts were either back in their barracks doing Chinese infantry drill, i.e., sacked out, or walking towards around the upper parade of Norwich University to work off excess demerits, or sweating on an athletic field for some jock team. The sophomore chemistry majors—guys like myself—were doing the lab exercise requisite to quantitative—or maybe it was qualitative—analysis, down in the dingy basement labs of Dodge Hall. Major Shorty Hamilton—his real first name, I believe, is Harold, but I'm not sure. Major Shorty Hamilton and Lieutenant Perley Baker were the two professors staffing the chemistry department. Both had graduated from Norwich, and both had served in the US Army. Each was rather austere. Perley always looked spit-and-polish military, with his neatly trimmed mustache, the bright silver leaves on one side of his cocky blouse's lapel, and cross-flasks of the army's chemical warfare department on the other. And a Sam Brown belt tightly buckled over his upper torso. I always felt that he was the very essence of a Norwich faculty member. "Shorty" was what cadets called Major Hamilton when he wasn't within earshot. My recollection is that his first name was Harold, but the years have dulled my memory. Shorty was a bit more—no, a lot more—casual in his appearance than Lieutenant Colonel Baker. His was the appearance of a college professor who dressed as casually in his military uniform as regulations would permit. His uniform did not seem to have been tailored for him, but rather for Ichabod Crane. And although he was clean-shaven, he always looked a bit scruffy. Shorty was at 13 least six-foot six, and perhaps even taller. The only other person on the entire hill who was equally tall was my across-the-hall chemistry major classmate in my barracks, Jim Lombard. 5 [00:40:45] Jim always looked a day late and a dollar short, and a dead ringer for Shorty when viewed from behind. Well, the lab on this particular afternoon wore on, and there were those frequent intervals when certain laboratory maneuvers—such as filtering in a solution—consumed time that could not be usefully employed on much else except poring over the lab manual to make sure you had it right, checking your neighbors' experiments for reassurance that you were not doing the wrong one, or even light horsing around to make time pass until a liquid in the funnel made its leisurely way through the Whatman filter and into the flask below. It was this last interval of waiting that lead to my downfall. (break in audio) RC: Since there were only uncomfortably high stools on which to perch while working at the bench, we often stood up and leaned on our elbows with our heads down over the manuals, trying to appear busy studying. To protect our uniforms from misdirected reagents, we wore long wrap-around aprons, and thus, one man's back looked very much like another's. In one of the intervals of waiting for things to happen chemically, I noticed Jim's derrière sticking far out, as it always did when he bent over the bench across the aisle from my own—a consequence of his long torso. The opportunity was more than an 18-year old could resist at the moment. I had hardly swung an extended thumb at the end of my looping right arm at the inviting target. I connected this maneuver with a resounding thump that almost lifted Jim off the floor. Or at least I had thought it was Jim. Of course, it wasn't. It was Major Hamilton. No cadet could ever have been more embarrassed than I was at that suspended moment. Although greatly surprised by this assault from behind, Shorty slowly drew himself up to his full height, and looked around to see the perpetrator of this bold and unseemly attack. His eyes centered on me through his steel-rimmed glasses, since I was the obvious culprit. I stammered, 'I'm sorry, sir. I mistook you for someone 5 James E. Lombard14 else.' I didn't know what else to do, pass gas or wind my watch. The then current colloquial military aphorism appropriate for such extreme circumstances of mortification. The professor said not a word, but rather turned around and assumed his former position leaning over the bench top next to him. Of course, I expected to suffer some terrible fate as a result of this misadventure, but none occurred. No demerits, no report to the commandant of cadets, no invitation to discuss the matter further in the privacy of Shorty's office. Nothing at all happened. But in a bleak, and laconic reference to the events came eleven years later. I was practicing general medicine in Northfield, Vermont where Norwich University is situated. Shorty, now retired from the faculty, came into my office as a new patient. Not having seen each other since my college days, we greeted one another warmly, and made some small talk as I addressed his relatively simple medical problem, which was easily solved. As was the custom in civility in those days, Shorty thanked me for my ministration, but then, on his way out—and halfway through the door—he turned, and with a broad smile, said wryly, 'You know doctor, when I heard that you had become a physician, I thought that you would have specialized in proctology.'" JP: That's a good story. RC: Well, it's kind of unique to Norwich. JP: It certainly is. And well told—well told. Gosh. How did your training prepare you for your work life? RC: Well, I can't really say that my training at Norwich prepared me for what I ultimately did with my life. And my life experiences have been so varied, and I've done so many different things at so many times, for so many different reasons, it's hard to say that I was really prepared through anything that I learned at Norwich. Except a certain attitude about—I would say—responsibility and leadership. JP: What about both of those? What is it about responsibility? RC: Well, Norwich—as you know—attempts to train people as leaders. And one of the things that you learn as a leader, is that you're responsible for the people that are under your command. And 15 since I was a corporal—promoted to corporal my sophomore year, I had a squad of cadets that I was responsible for. And learned that—also when I was down in the barn—the stables of course, is what they were called—my first responsibility was to my horse, before myself. The horse got watered, the horse got fed, the horse got groomed, before I took care of my own needs. So, I think those little things probably inculcated into my personality the importance of responsibility. JP: So you are the class agent for your class and—do you—you stay in touch with some of your classmates? RC: Well, I've stayed in touch with as many of my classmates as I was able to. The class agent before me was a fellow named Al Lockard6—good friend, a Theta Chi—and he, unfortunately, died suddenly after having both of his hips replaced. And while he was working out in post-op therapy, had a pulmonary embolism and died. And the irony is that before his operations, he and I had either spoken or corresponded. And I said, you know, Al, I would never have two major operations like that done at the same time because complications of being on an operating table for that protracted period is an additional hazard. He said, yeah, I know, but the physical therapy afterward—I don't want to go through that twice. So that's why I'm having both done. I said, OK, boy. And that was it. And sure enough, he had what I had predicted, unfortunately—a sudden, severe complications. So I took over from him as class agent. And that was many years ago. JP: You have correspondence in the archives between you and Perry Swirsky. How many years did you guys correspond? RC: Well, that's an interesting question. Perry and I were roommates during my junior year. Perry and I had entirely different personalities. He was a Jew. He had entirely different life experiences from my own—had grown up in Springfield, Massachusetts. His father was a banker. He owned and operated a chain of furniture stores, and he was very well-off. And I didn't have any contact with him at all after OCS because at OCS—when we graduated, we 6 Alan T Lockard16 spread to the winds. He went to Sicily and Italy as a tank unit commander. I went to France, Belgium, and Germany as a tank unit commander. And so, we just lost contact with each other. And he hated Norwich. I mean, I didn't have a terribly great experience my first three years, but he hated them. First of all, he was one of only two Jews in my class. And he never really integrated with the class, and as a result, he felt like a loner and an outsider. And I, in my own way, also had those same feelings—for reasons I've already explained. I was too young, and hadn't had enough of the experiences my classmates had had, and I always felt as—to be—in a way, a loner—and out of sync. So anyhow, that might have had something to do with the reason that we linked up as roommates during our junior year. Perry—if I may diverge—was a very interesting guy. Somewhere I have recorded—or recounted—the fact that there were two members of my class that I know were awarded silver stars during World War II. Perry was one of them, and another one whose name will occur to me in a moment—I'm having a senior moment—also was awarded a silver star at Bastogne during the Bulge in Belgium. Anyhow, back to Perry. Perry was a platoon leader in a brigade that was assigned to an Italian tank division. And the relationship between the American units and the Italian units was—according to Swirsky—pretty ad hoc. So he was commanded one day to take his platoon and to take the hill that this Italian major pointed out to him. And he said, when you get up there, hold your ground and don't leave for any reason. And we'll be up to relieve you. So Perry did just that. And on his way up, he was literally killing Italians and Germans who were on that hill. And then, because he couldn't stand the thought of running his tank over a possibly wounded soldier—or even a dead one—he jumped out of his tank and was taking these bodies—living or dead—out of the way of his tanks and his platoon, as he went up this hill under fire. And then he held out at the top against a counter attack, which he and his platoon repelled. And then he found himself stranded. Nobody ever came to relieve him. So, after a while, he got his guys together and took them back down the hill. And he said, the Italians forgot he was there. He said, I didn't do anything heroic, but I guess somebody thought it was worth a silver star, so that's what happened 17 to me. Well, anyhow, that's a story that I don't think has been told enough times. But just the idea that he's jumping out of his tank, under fire, to take wounded soldiers out of the way, so he wouldn't run over them. I mean, the mindset—the moral—whatever it is inside him to make him want to do that—or need to do that. But that's the kind of guy Perry was. Anyhow, at our 50th Norwich reunion, Perry and I got together again. He was awarded the Distance Cup for the guy who had traveled the furthest distance to come back to reunion. He had come from Israel. So that sort of cemented his relationship, I think, with his alma mater. Which had waned from a very weak beginning. But anyhow, he came back to his 50th. And he came and stayed at my home in Lancaster, New Hampshire after the reunion. And we really got to know each other, and our wives had a good time. And then I kept in contact with Perry, and he invited me to join him—he and his wife Betty were going to London for a week—and he said, why don't you come over and join us? So I said, OK. My wife, Connie, wasn't interested in going. So I flew over and met Perry at the hotel that he had suggested, and I went to check in, and I found out I was already checked in and my bill was paid in advance. So Perry and Betty and I had a ball for a week. We went to the theatre, we did everything. And, you know, after that it once again cemented our relationship. And then we started to write by cursive letters, then typewriters, then I started to send emails—and he didn't have a computer—and I got on his butt a little bit and told him it was time he came into the 20th century. So he got a computer and we started to exchange emails. I kept a record of every email I got from him, and a copy of everything I sent to him—and kept them in a three-ring binder. And at the end of every year, I sent the binder over to Kreitzberg Library as part of the archives. And I did that until just this past month—October, 2013—when I got an email from Betty telling me the sad news that Perry had died. And of course, in those volumes of correspondence—which is mostly nonsense, inane stuff—but correspondence between two guys with similar backgrounds, similar experience, one living in Israel, one living in the State, talking about what's going on in our country or town—and he lived in Ashkelon, which is about five kilometers from the Gaza Strip. So he used to report when the mortar shells were 18 being lobbed into Ashkelon, and they would hide in the stairwells of their apartment building—and so on. So all of this stuff, I think, is an important part of history. I'm so pleased that I decided to send that stuff to the archives. JP: I think that other researchers use it. I know I've used it. It's a great resource. It's, as you said, guys talking about world events with similar backgrounds. What advice would you give a rook today about how to survive and thrive? RC: Well, I—free advice, as you know, some said, "is the smallest coin of the realm," but I give it freely and frequently. I give it to my children whether they want it or not. And I give it to anybody when I think that they need it. But anyhow, I don't know what life is really like for a rook at Norwich now. All I know is what I remember back in the '40s. But I would say keep your head down, keep your mouth shut, keep out of trouble, work hard, learn responsibility and leadership. Beyond that, I don't know what I could say. JP: Those are good. You have a poem that you wrote. Would you be interested in reading that? RC: Well, yeah. One of my avocations is poetry. I'm an amateur. I never taken a course in poetry or how to write it, every once in a while the muse seems to sit on my shoulder, and I have this tremendous urge to sit down and write something. And at first I thought I had to write rhyme verse, and I think that's probably what kept me from writing poetry most of my life. But when I was on an expedition in Greenland and I kept a journal—which I self-published—it is also in the Kreitzberg Library. I found that I wrote some poems when I was in isolation, up on the icecap. And so I'm really surprised when I looked back and find that I've been writing fairly seriously for about 20 years—the last 20 years of my life. Why? I can't explain. But anyhow, I can only write what I feel and what I believe. And a lot of it is counterintuitive, and politically incorrect, and whatever—but I wrote one poem that I used at a veteran's luncheon that we had here at Kendal. And the poem is called "A Veteran Speaks". And here it goes. "Intelligentsia, laugh if you will. Yea, sneer at the patriotic redneck fools who chance their lives and crouch in fear in cold foxholes for the likes of you. You, who take the high ground or the streets to stake out your 19 perception of the higher morality with placards shouting, "Peace! Peace!", and then go home to a warm bed. Could it be that your God is neutral, and doesn't give a damn whether peace or war prevails? You take as a given that God is only with you. You, who are on the side of peace. Could it be that peace is but an unstable interval granted by God for the rest between the wars he has ordained as a sorting out, according to one of his laws, the one that Darwin deciphered? If you were as wise as Sophocles, you would know that only death keeps time from inevitably eroding friendships—be they of men or of countries—bringing them inevitably to war. God must laugh at the prophets. Those mystical schizophrenics that even now show up in every land, and claim to have heard the voice of God speaking directly to them. Explaining his will, giving birth to the myths contrived to all and control the credulous. And when the prophetic religious move on to theocracies, and the great Theocracies then clash for the great sorting out—Darwinian style. Then, perhaps God smiles and says, it is good. Laughers and sneerers, moral high-grounders, you leave it to others to lose their lives, taking the high-ground on the battle field. Lives you think they gave in vain. In peace's time, you finesse your turn to follow the action of someone else's father, mother, cousin, forebear, who risked their lives for you with the love you have never comprehended. Too late, you may learn that you have never lived until you have almost died. And that for those who have had to fight for it, freedom is a flavor you—the protected—have never known, and cannot understand." JP: Wow. Thank you. (break in audio) JP: So, in the book that you wrote with a couple of your classmates for your yearbook that never was—then and now. You talk about missing something—maybe—whether or not—no, it's called "Do You Remember?" and one of them is the joy of being dragged out of the sack in the middle of the night for P-call, and then being sent for a cold shower when your personal plumbing refused to produce. What is P-call?20 RC: Well, P-call is "piss call," and it was standard operating procedure to treat rooks in that way, as part of their growing up. And—what do you call that now? When you mistreat people? JP: Hazing. RC: Yeah. That was one of the hazing treatments that rooks were occasionally exposed to. And P-call was not only occasionally. I'll mention one other experience that I had as a matter of hazing by my classmates. Was that Basil Burrell who was my roommate in my freshman year—were pretty straight arrows. He and I had similar personalities, went to the same church, we had the same standards, both went to public high schools. We just got along very well together. And Bass and I were taking what was euphemistically called "a ride" as a sort of hazing and discipline, and kind of a getting-even with people who were straight arrows, and who—incidentally—were whistle-blowers. Basil and I, living according to the code of honor and the rook handbook, said that if you see something that is wrong and against the rules, it is your responsibility to report it. JP: It's still that way. Yeah. RC: So we saw guys cheating at an exam in a military class. And we said, hell, that ain't right. So we reported it. Well, I learned an important life lesson right then. Whistle-blowers get in trouble. And Basil and I were taken for a ride one night—about 2:00 in the morning—it was the late fall or early spring—I don't remember that it was in the dead of winter—and were taken in a car, blindfolded, and driven around for about twenty minutes—on what obviously were backroads—you could tell from, you know, from the rumple and the noise, and the tread of tires on the road—and they'd drop you off and leave you there to figure out how you're going to get home. And so Basil and I went on a ride once, as retribution, I think, for the fact that we were whistle-blowers. So, that's another level of hazing. And I must say that when I mentioned this anecdote to Russ Todd—a former Norwich president, and a Theta Chi whose butt I paddled as initiation to Theta Chi—and he looked at me and rolled his eyes in disbelief. He said, you mean that really happened? And I said, you're damn right it happened. And I'll tell you something else, I bet it's 21 happening right now, right under the nose of the people who have written and our trying to enforce the honor code—whatever it may be. And he said, well, Bob, you may be right. JP: You mentioned that Perry was one of only two Jews at Norwich—and I know there was a fraternity of the Klan during the teens. Was there much antisemitism there? RC: There wasn't expressed Semitism—antisemitism. And there weren't really two Jews in my class, there were three—which is another anecdote, if you're prepared for this? JP: Sure. RC: The day that my folks dropped me off on the parade at Norwich—my very first day—we were lined up by the company—the troop that we were assigned to. And we were told to line up according to alphabet—we had little tags on—and so we did that. And I was at one end, and there was another guy whose last name began with a 'Y' or a 'Z' at the other end. And in between were two Katzes—K-A-T-Z. The Katz were Isadore Katz and Sidney Katz, and once we were lined up, the second lieutenant in the army—who was assigned to the commandant of cadets—stood in front of us and said, OK. Now I want you to sound off, loud and clear, your last name first and then the first initial of your last name because that's how you'll be known here at Norwich. So we went down the line, got to me, and I was "Christie, R, sir." Then it was the next guy, and whoever it was. Well, we got to Katz. And Lieutenant Kelly was standing there observing all of this, and it came to Isadore Katz. And he said, "Katz, I." And the next one was Sidney Katz, and Sidney Katz said, "Katz, S." Kelly broke up. And the whole exercise got out of control. But the sad part of the story is that Katz Ass—as he was forever known—I say forever, for the next three weeks that he lasted at Norwich as Katz Ass. He left. He just couldn't stand that kind of treatment. And so there was only two Jews, and one was Izzy Katz, who was a good friend, paratrooper, never dropped in combat—which we reminded him of frequently. But anyhow, he and I were also on the "Guidon" staff, and we were on the War Whoop staff. So the then and now book, he and I worked together very closely. And we became very close friends. And he was a real New York Jewish type—wheeler dealer—he ran a Christmas tree farm in some 22 place up in northern Vermont. He was in show business, he was out in Hollywood, he was writing script and so on—wonderful guy—and I got to meet him again when he was living out in Tucson when I was visiting some of my wife's relatives out there. So anyhow, that's the story of Jews at Norwich in 1940-41—particularly of Katz, I and Perry Swirsky. JP: You mentioned earlier about being on the board of trustees when Loring Hart was president and considering adding women to the core. Do you want to talk about that at all? RC: Well, there isn't an awful to talk about. It happened. I would say the majority of the alumni were against it. Just as, here at Dartmouth, when it integrated and had women, the alumni were up in arms. And it was only the strength of character of the president and the trustees—said, it's going to happen. And that's what happened with Norwich trustees and Loring Hart said, this is going to happen. It's got to happen. And of course, this was before the civilian component. These were just women who were being integrated into the cadet corps. So, that was a big deal. JP: What were they afraid of? Not be obvious—not to be obtuse. RC: You know, in Fiddler on the Roof—it's tradition. Tradition. This is a men's college, it's a military college. Women have no place in the military. You know, whatever. That's history. Who would ever dream that there would be gay marriages in our time. JP: And Don't Ask Don't Tell got repealed. RC: Exactly. JP: Do you have anything else that you would like to add? Is there anything else you'd like to say? RC: Only to congratulate you and your tolerance of all that you've had to go through to take this interview. And I'm enjoying it immensely while it's happening. And, again, it's something for posterity, and that's part of what I do. Litera scripta manet, the written word endures. I think the spoken word, in our time, also endures. Someone may be listening to this 100 years from now, wanting to wonder what life was like in the early 20th century at Norwich. JP: It has absolutely been my honor and pleasure to talk with you, Dr. Christie. Thank you so much. RC: Well, thank you so much.23 JP: All right. (break in audio) [1:18:51] JP: And we're back with Dr. Christie, talking about his relationship with Dartmouth. RC: When I went to medical school, it was courtesy of the GI Bill and the Norwich Dean at the time, who made it possible for me to get into medical school without the preexisting courses that every pre-med has to take to apply to medical school. Zoology and comparative anatomy—which is dissecting cats and frogs and so on. The Dean at Norwich let me take freshman zoology and sophomore comparative anatomy in the pre-med program during my senior year, so that I would have the basic qualifications to apply to medical school. I had the good fortune to have a family friend who was on the admissions committee of the Long Island College of Medicine in Brooklyn, New York. I won't go into further detail—that's unnecessary—but anyhow, graduating from Norwich magna cum laude—having the World War II experience, the friendship of a member of the admissions committee of the medical school—all led to the fact that I was able to get into medical school at a time when GIs were coming back in droves—all with GI Bill opportunities ahead of them—and all trying to get into the existing colleges and universities. Well, I won't go into further detail, but the Long Island College of Medicine morphed into the State University of New York. So although I matriculated into a private medical college in Brooklyn, I actually graduated from the State University of New York at New York City—which was the official name at the time. It's now known as Downstate. And Downstate has an established academic history that I think has been accomplished since it was put together. The reason that SUNY was founded was that New York state found that they had no state university, much to their amazing. There were all kinds of private universities and colleges all over the state, but there was never any need for a state university. So they cobbled together one, and they needed medical schools, graduate schools, law schools, and so on. And Syracuse's medical school—which was a private medical college, like Long Island College of Medicine—became the SUNY upstate medical school, and Long Island College became the downstate medical school. 24 And that's the way they exist at the present time. Anyhow—with that little footnote—when it came year for me to graduate, I had just been very fortunate to graduate where I did in my class. Which was right about in the middle. You know, one thing that most people don't realize—and it's important—that 50% of the doctors in the Unites States graduated in the lower half of their medical school class. But anyhow—that being said—I did actually write two medical papers while I was a student—which sort of, I think, got me started on my writing career—which has continued to this day. Anyhow, these publications were the reason that I was awarded two prizes on the day of graduation, much to the consternation of most of the other students in my class who had graduated summa cud laude in medical school and wondering what this dumb guy was doing getting these awards. Well—a little background for that, too, is that the Long Island College of Medicine was in Brooklyn, and almost all of my classmates were Jewish. And I learned the lingo and I can spout a Yiddish phrase at the drop of a hat—which may have some relationship to the fact that Perry Swirsky and I got along so well. We used to exchange Yiddish aphorisms and so on. That being said—so all of my classmates—there was a Jewish quota—this is something else that is not known—during the early 19th century—in all medical schools, because the deans had their own association, and they—you may not want to record me—it's not well known, but there was a Jewish quota when I went to Long Island College of Medicine—and there were a lot of bright Jewish kids—as you can imagine—in New York City, which included Queens, Brooklyn, Manhattan, Staten Island, Bronx—and they were excluded from medical school. They would apply, be turned down, but—being the kinds of folks they were—would say, OK, well we'll go to CCNY or NYU or Queens College, and we'll get a masters degree in physiology, and they would reapply. And every member of my class at Long Island College of Medicine who was Jewish, had a long history of applying and being turned down by medical schools all over the United States. But the ones that got into my class were the ones who had the persistence and the credentials to get in. So, that put a guy like myself—from Norwich, with its very limited background—in zoology and comparative anatomy, dissecting frogs with guys who had PhDs in 25 biochemistry and so on. And, you know, it showed up. I mean, I was a struggling student all through my first two years where it's all classroom and very little clinical experience. Soon as I got into the clinical years, I was able to really play the game with all the rest of them. I could handle myself as well with patients as they could. And so, that was one of the reasons I was able to graduate. Not because of my academic record in my first two years. But—that having been said—it's important that—the senior year was the first year of something called the intern matching program. Up until that time, everybody had to have an internship if they were going to be licensed in a state in the United States. It didn't make any difference which state. They all required the fact that you had had an internship. In other words, that you had had some clinical experience. So, I listed in this first year of the matching program—a number of the hospitals that I knew in New York City—Bellevue and Roosevelt Hospital in Columbia, PNS—and the way things worked out, I had an opportunity to list one other out-of-city appointments that I would accept. And that turned out to be Mary Hitchcock Memorial Hospital in Hanover, New Hampshire. The reason I did that was that my freshman year of medical school, a fellow at my autopsy table—there were four of us who dissected the same cadaver—was a Dartmouth graduate, and he and I became close friends. We did a lot of visiting and traveling together. And he said, I'm going to take a tour of the hospitals up in northern New England. Would you like to come with me? And I did. And he and I visited the medical school at Burlington, and the one over here in Hanover. And when I—you know, I had loved being in Vermont, and the years that I had spent there—although it wasn't all salubrious, the first three years. I did love Vermont and northern New England, and the idea—and I was married at the time—of just doing something different came to mind. And I said, oh, what the hell? So, the phone rang. Dartmouth called up the Mary Hitchcock hospital and said, would you accept an appointment as a rotating intern? There will be 11 other interns in your intern class. And I said, yeah, sure. Sign me up. And that's how come I didn't go to Bellevue or Roosevelt Hospital or Brooklyn hospital—I ended up going to Hitchcock hospital. From there, I went and finished my internship, did a year in internal 26 medicine—wanted to do what I went into medicine for in the first place. Be a family doctor. An emulation of my family doctor when I was growing up. JP: Really? RC: And so, a couple of Dartmouth medical school graduates were practicing over in Northfield, and they had a place called the Green Mountain Clinic. And they were looking for an associate, and they came to Dartmouth, and they made their needs known, and we got connected. And I said, what the hell? I'm not sure I want to be an internist. I'd like to see what it's really like to practice medicine. So that's how I got connected with being in practice—general practice for three years at Northfield. And, because of my Norwich background, Ernie Harmon—who was then the president—appointed me the university surgeon. Well, I wasn't going to do any surgery at the university. But the three of us who were the doctors in the town at Green Mountain Clinic took turns taking sick call. And what we were called was—you know, in the army, when you're the doctor, you're the surgeon. You go down to see the surgeon because that's what doctors did mostly in the army. So anyhow, that's how I became the university surgeon, and it was my relationship with Ernie Harmon—which is a whole other set of stories—that led to that. Ernie was actually one of my patients for minor illnesses. He got most of his care at the VA hospital down here. But, you know, when he had a sore throat or a boil or something like that, he'd come down to the Green Mountain Clinic and be one of my patients. As was Shorty Hamilton, of course. Perley Baker. So I was well connected later on with the faculty. But that's what my connection with Dartmouth reconnected me with Norwich. And when I got to Norwich, I was amongst a lot of Norwich alums—one of which was John Mazuzan, the fellow who had the printing office where I set type for the "Guidon", and who actually printed up the "Guidon". He was the one who did the Norwich record, and it was a very minor publication, I can assure you. And he asked me if I would work with him on the Norwich record. And so, I did, and before I knew it, I was a member of the Alumni Association. Because he was, in essence—because he was the publisher of the Norwich record of the Alumni Association. There was no association. 27 So he said, you know, I'm going to appoint you the Alumni Association president. So that's how I became president of the Norwich Alumni Association. Well, that led to a slot on the board of trustee. When I finished being a trustee for five years, with Bob Hallam—another Norwich graduate -- JP: The engineer? RC: Yeah. And a very successful one. We were approached after we finished out final year by Jake Shapiro, who was a war hero in the Africa corps—was badly wounded—shot up there—but a very dedicated Norwich alumnus. And he and I got to be good friends. And he used to visit me because he was a business man with business over in Maine, and when he was traveling from wherever he was living at the time, he would always drop in at the farm where I was living. And we would have a couple drinks together, and sometimes dinner together. So Jake was a good friend. But that came later. But Jake said to Bob Hallam and myself, you know, we've been thinking as the trustees that it's so damn sad that so many guys like yourselves, who have had all the experience in the Alumni Association—you're graduates—and so on. And you go become a trustee, and there's nothing beyond that for you to be involved with Norwich about—except maybe giving money. So Jake said, how would you guys like to start some kind of organization of fellows of Norwich University, who will sort of be in the background and be a means of continuity of active alums who have done a lot for the university, who have been connected in some way. And so, Bob Hallam and I—and the then commandant of cadets—got together and we set up the Board of Fellows, and I became the first president of the Board of Fellows, and was the president for—I don't know—five or eight years—and did that. And so, I've just been connected with everybody—all the presidents and whatever—right along the line—and that, of course, explains my deep relationship—and continued relationship—with Norwich. And I doubt that the many of my peers here at Kendal have the kind of relationship with their alma mater that I've had with mine. For all the reasons that I've been talking about here. Oh, here I've run on for more --28 JP: That's fine. I have to ask. If you've got a Harmon story -- RC: I do. Well, I have a couple of Harmon stories. JP: That's fine. RC: The first was at the time I graduated from Norwich, when we came back as seniors. Of course, we were in uniform. And we were sort of mentors to the cadets. When they wanted to know what it was like in the real military—what combat was like, all that stuff. You know, they'd—we'd have a beer together up at the tavern and—you know, we got an unofficial role—but anyhow, we were in uniform. The day I graduated, Ernie Harmon was on the stage. He was not the president at the time, but I think he might have given the graduation address. "Ol' Gravel Voice" he was called, and he gave a wonderful talk. And I—you know—he was the CG of the Second Armored Division in Africa and Sicily—not sure Africa, but I know in Sicily and Italy—and then he went to the ETO, and he was involved, as I was, in the Battle of the Bulge. So we had this loose relationship. Well, walking across the stage to get my diploma, Ernie sees my Third Armored Division patch on one shoulder of my uniform, and the Constabulary patch on the other. And of course, he had been the commanding general of the Constabulary—which my division had become, as I previously accounted as the kind of occupation police force in Germany. Well, I was the troop commander of my Constabulary troop in Ulm and the discipline was a little loose in my troop. I have to admit that. It wasn't that I didn't know what was right, or what should be done. But, you know, the war was over, I was waiting to go home, and I wasn't a spit and polish guy in my troop. It ran very well, everybody was happy, no suicides or anything like that. But anyhow, who should arrive on the scene in Goering's private train—which he had commandeered after the war. It was painted with a big Constabulary signature on the side—same as on the patch on my shoulder—and out of it stepped Ernie Harmon to inspect my troop, unannounced. Well, he came up to where we were, and he found a few things he didn't like. One was that a recent recruit was standing around doing nothing in particular when Ernie thought he should be doing something in particular. He didn't care what it was, but he should be 29 doing something. Well, unfortunately, a buck sergeant—recently over from the States, not part of the combat experience—was in charge of this group of other new recruits. And this guy, this buck sergeant, was sweeping off the steps of the mess hall. And when Ernie Harmon saw a buck sergeant sweeping the steps, with privates standing around doing nothing, he exploded. And he started to chew, and he started at the bottom, and he chewed right up through the privates, through the corporals, through the sergeants, through the top sergeant, through the lieutenants, through the captain—that was me—and he said, Christie, I don't want to have anything like this happen under your command. Understand that? Yes, sir. Well, things tightened up after that, of course. Although, he never did come back. And I came home a couple of months after that. But that was my first experience—face to face—with Ernie Harmon. Which is the prelude to what happened when I picked up my diploma from his hand. He looked at my patches and gave a kind of quizzical look, and he said, "I know you, you son of a bitch." I didn't know what to do. So like I said, pass gas or wind my watch—at that point. So anyhow, I said, "Yes, sir. I remember you, too, sir." And the next thing he said—well, of course people were lined up to walk across the stage—and not many of them would have a conversation with Ernie Harmon. So anyhow, he said, Christie, are you married? And I said, "No, sir." Well, he said, "Get married and be productive!" Yes, sir. And that was—the next time I saw him, he was the president of Norwich University, and he was one of my patients. JP: Oh my gosh. He had Goering's train car? RC: Oh, yeah. He captured it—you know—we had souvenirs. That was one of his souvenirs. He had to travel all over Germany on the railroad. He needed a private car, private engine—whatever. Goering had that in spades. Beautiful train, engine, and had two cars. It was Ernie Harmon's headquarters. JP: Oh my gosh. I've never heard that story. That is priceless. RC: So, that's my Ernie Harmon story. JP: Oh, thank you. That's a good one. Anything else?30 RC: I think I've kind of run out of anecdotes. I, you know, I could come up and talk all day and all night about things that I remember that have happened. But anyhow, that is just skipping on top of some of the highlights. JP: Thank you so much. END OF AUDIO FILE

Bernice C. Stromberg ; The Weber and Davis County Communities Oral History Collection include interviews of citizens from several different walks of life. These interviews were conducted by Stewart Library personnel, WeberState University faculty and students, and other members of the community. The histories cover various topics and chronicle the personal everyday life experiences and other recollections regarding the history of the Weber and Davis County areas. ; 40p.; 29cm.; 2 bound transcripts; 4 file folders. 1 video disc: digital; 4 3/4 in. ; Oral History Program Bernice C. Stromberg Interviewed By Rebecca Ory Hernandez 3 October 2012 24 October 2012 i ii Oral History Program Weber State University Stewart Library Ogden, Utah Bernice C. Stromberg Interviewed by Rebecca Ory Hernandez 3 October 2012 24 October 2012 Copyright © 2013 by Weber State University, Stewart Library iii Mission Statement The Oral History Program of the Stewart Library was created to preserve the institutional history of Weber State University and the Davis, Ogden and Weber County communities. By conducting carefully researched, recorded, and transcribed interviews, the Oral History Program creates archival oral histories intended for the widest possible use. Interviews are conducted with the goal of eliciting from each participant a full and accurate account of events. The interviews are transcribed, edited for accuracy and clarity, and reviewed by the interviewees (as available), who are encouraged to augment or correct their spoken words. The reviewed and corrected transcripts are indexed, printed, and bound with photographs and illustrative materials as available. Archival copies are placed in the University Archives, which also houses the original recording so researchers can gain a sense of the interviewee's voice and intonations. Project Description The Weber and Davis County Communities Oral History Collection include interviews of citizens from several different walks of life. These interviews were conducted by Stewart Library personnel, Weber State University faculty and students, and other members of the community. The histories cover various topics and chronicle the personal everyday life experiences and other recollections regarding the history of the Weber and Davis County areas. ____________________________________ Oral history is a method of collecting historical information through recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account. It reflects personal opinion offered by the interviewee in response to questioning, and as such it is partisan, deeply involved, and irreplaceable. ____________________________________ Rights Management All literary rights in the manuscript, including the right to publish, are reserved to the Stewart Library of Weber State University. No part of the manuscript may be published without the written permission of the University Librarian. Requests for permission to publish should be addressed to the Administration Office, Stewart Library, Weber State University, Ogden, Utah, 84408. The request should include identification of the specific item and identification of the user. It is recommended that this oral history be cited as follows: Stromberg, Bernice C., an oral history by Rebecca Ory Hernandez, 3 and 24 October 2012, WSU Stewart Library Oral History Program, University Archives, Stewart Library, Weber State University, Ogden, UT. Bernice Stromberg October 24, 2012 1 Abstract: Bernice sat down with Rebecca Ory Hernandez in October of 2012 to share stories of growing up and moving several times with her family in Southern Utah. Her father was a well-respected music teacher. Bernice is the widow of Mr. C. William "Bill" Stromberg of Ogden, UT, who served on the founding Board of the Stewart Education Foundation. During this time, Bernice became very good friends with Elizabeth Stewart. Bernice is also a very good friend of former Weber State University President, F. Ann Milner. Since Bill's passing in 2010, Bernice has remained a regular attendee of many WSU events, especially football games. The Stromberg Complex is named in Bernice and Bill's honor. ROH: Today is Wednesday, October 3, 2012. We are in the home of Bernice Stromberg in Ogden, Utah. I am Rebecca Ory Hernandez with Weber State University and the Stewart Library. Why don't you tell me when and where you were born? BS: I was born in Kanab, in Kane County Utah, on January 12, 1927. My dad taught music in the high school down there. The day I was born, my dad and the doctor were going to go to a basketball game, but when dad got home from teaching, there was the doctor waiting for him. My mother was on her knees scrubbing her floor. Dad said, "We're going to the ball game." The doctor said, "Oh no, we're not. I've turned our tickets in. We're going to have a baby around here if I can get you to get your wife into bed." So Dad did. My dad had arranged for the neighbor to take the three older girls just to get them out of the way. I was the youngest in the family. He told my sisters as he dropped them off, "Now when you get home you're going to have a really nice 2 surprise. So you be good and when I get home I'm going to show you your surprise." When the girls came home, after I was born, they all cried and said, "I thought it was going to be a puppy or candy or ice cream or something. Not just a baby." I have always said, "It's good that I didn't know it then because I would have had my feelings hurt." ROH: How much distance is there between you and your sisters age-wise? BS: The one just older than me is Arlene and she is three years and three months. My oldest sister, Rachael, was seven years older. My next oldest sister was Lois and she was about five years older. ROH: So there were four girls total in your family? SB: Four girls, no brothers. When I got married, I didn't know boys teased like they do and I had a hard time dealing with some of these things that came up in our marriage because I didn't know how to respond. It was a wonderful life with a house full of girls. ROH: What was your maiden name? BS: Christensen. We did not live in Kanab terribly long because as happens in school nowadays and all time, what's the first thing they cut from schools? This was during the depression. ROH: Art and music? BS: Art, music and all of those things. They cut out the music department. Dad played the violin. He lost his job and couldn't get a job anywhere. Later in life, he 3 was in the first Utah Symphony Orchestra as the first violinist. It was a WPA Project. Reginald Beal was his director and Dad loved the Orchestra. It was a great time of his life. ROH: Where were your parents from? BS: They were from Moroni, Utah in Sanpete County. My ancestors came from Denmark. Most of the Scandinavian people settled in that part of Utah. That's where my parents were both born. I don't remember what year they came over from Denmark, but most of the family came. Mother and Dad went to high school there, from kindergarten to High School. They said it was a fun town. My sisters and I loved to go down there to visit. Grandma Christensen would let us go to the chicken coop and each gather one egg. We would take them to the grocery store and spend them or a bag of candy of our choice. Moroni is just East of Nephi, in the valley there. Dad finally bought a Model A Ford. It had no heater and no air conditioning. It took four hours in that Model A to go down Moroni to visit and we would come home the same night. We weren't real happy going down just because of the long ride. Mother would heat rocks or bricks in the oven and get blankets and coats to keep us warm and we four girls would sit across the back seat. We kept warm but we didn't like to stay so cooped up for that long. ROH: Did your mom work in the home or outside of the home as well? BS: She did work outside of the home. We were very poor after the Depression and we had no money. Many times we didn't know where the next meal was coming 4 from. I ate more bread and milk during that time than I would ever like to say because sometimes that's all we had. Mother would make bread because she had flour but we all liked it fixed differently. I liked mine hot with salt on it. My dad liked it cold with sugar on it. The rest of them just had their own way of having it too. It kept us alive and we got along just fine. My mother, bless her heart, made such a pleasant home. In the summertime for every meal, no matter what we had to eat, there was always a bouquet of flowers and a tablecloth on the table. She loved flowers and she grew a lot of them. We moved a lot during my life. I was teased quite often from my friends because of this. They'll say, "Name a town, Bernice lived there." ROH: Tell me some of the places you moved to that you can remember. BS: We moved to Richfield when we left Kanab. Dad did a number of jobs there to feed us. He sold the Deseret Newspaper and did anything he could find for work. I was only three when I lived there, but this time is the clearest part of my memory. I don't know how mother let us do some of the things we did. We had an irrigation ditch in front of our house and we had a wide canal in the back of the barn a little ways. The girls would go down to the canal and pick Potawatomi Plums to make jam. (They were named after some of the Indians in Southern Utah. When Bill and I moved to our home in Ogden, I found a tree just like them in my backyard. I said, "My word where did that come from up here?" They were really good). One day, I just thought, "I'm going to go with the girls down to the canal". We all were down there and I decided I wanted to go home, so I left by myself and decided to take a short cut. The field next to where we lived was all in 5 clover that was in blossom. I thought, "I'll just run fast through that field." By the time I got home I had literally hundreds of bee stings on my ankles and my feet. My feet were swollen and they really hurt. I did learn to never go through that part of the backyard again. We had a lot of fun experiences there and some not so fun ones. We had two dogs. One was a black and white spotted bird dog. The other was a curly haired white dog. I was so afraid of that white dog, because she would get hold of my coat in the cold weather and she would just shake her head as hard as she could and drag me all over the yard. I couldn't get away from her. The big dog was my companion for my nap. We would lie behind the coal stove and he'd lay his arm over my shoulder and we'd have a nice nap together. ROH: That's very sweet. BS: It was. I really slept so good back then. I remember that my mother made handmade soap. You have to use ashes for that, so she'd burn her trash out in our backyard and get the ashes from there. ROH: Did you have any other family around? BS: No. Before I was born there were places they lived that had some around. They lived in Bingham and they had an experience up there. Mother had Lois (my sister) sleeping in her crib in front of the window of the bedroom on the back side of the house. A huge rock dislodged and rolled down the mountain, through the window and into Lois' crib. My mother just knew she was gone, but she was up in 6 the corner of the crib and the big rock went in the rest of the bed. Lois was not touched at all. We felt that was a great miracle. We moved to Salt Lake from there when I was in kindergarten. The only thing I remember about kindergarten was that we had to take naps. We had to bring a blanket and a pillow. I would lay mine down and this little boy in my class named Danny would wait until I lay down and he'd bring his blanket and lie down right next to me. It irritated me to no end. I would get up and move somewhere else and he would too. He was determined to take his nap next to me. That's all I remember about kindergarten. ROH: You don't remember learning to read and write, just remember that. BS: We didn't learn to read and write until the first grade. ROH: Oh you didn't? BS: Kindergarten was more of a social learning and how to share with the other children. It was learning how to get along with other children and it was a playtime. The teacher would read stories to us, but we didn't have reading or writing. We'd color and things like that, but we didn't have any kind of instruction while we were there. ROH: That must have been fun. BS: It was. About this time Dad heard that California had all the jobs, so we up and went to California. ROH: What part of California? 7 BS: Oakland. Dad and Mother both tried to find work there. ROH: What year is this? BS: I was five so about 1931. I don't remember much about California because we weren't there long enough. We rented the basement of a big home. I have no idea what they paid for it, but I know the lady gave it to them for almost nothing. My mother and dad even got down to the point where they were selling toothpaste door-to-door to earn enough money to feed us. I remember we had sub for Santa that year. Someone brought in all of these boxes for our Christmas. It didn't bother us. Everybody was in the same situation. The only thing is my mother thought I had measles, come to find out it was fleas. We had fleas in the beds so bad that mother had to take the bedding outside to shake them and wash them often. I was allergic to the flea bites and I was covered from head to toe. That's why she thought I had measles. They itched. Oh my gosh, I thought I'd die during that time. We used to go out in the desert and get turtles. We loved the desert turtles. They are very calm. Dad would drill a hole through the back of their shell and chain them to a post in the ground so they wouldn't run away. It wasn't harmful and it didn't hurt them. We fed them religiously, particularly the outside leaves of the lettuce and what food we didn't eat. It was a fun time there. We looked forward to Christmas, because that is the only time in the year that we got an orange. Oh, I looked forward to that one orange we would get. 8 ROH: What were some of the things you would eat when they did have a little bit of money? BS: We would eat vegetables. Mother would usually plant a garden. We would have a little bit of meat. Some of the neighbors that had cows would bring us over some milk. Fruit was too expensive. We just couldn't buy fruit, except to can for the coming winter. ROH: Except for those plums. BS: Yes. While living in Oakland, my sister, Arlene, had an assignment in her school class to draw a picture with snow in it. None of the kids had really seen snow because it wasn't cold enough. Arlene drew a picture and the ground was all black and the snowflakes were black. The teacher said, "I thought snow was white." She said, "Well, you've never seen Salt Lake snow then." Everybody in Utah used coal stoves to heat their houses, so it would be absolutely black in a day or two from the soot and smoke of burning coal. Arlene thought the snow was black. It makes sense. ROH: It does to a child. BS: Soon, California announced that they would pay the train fare for anyone that would go back to their home state. We decided we'd take advantage of it because we were worse off there than we were at home. So, we went back home and when we got there, I broke out in red measles. ROH: Were you the only one out of the four girls that caught it? 9 BS: Yes. I also had pneumonia with them. We had no place to go when we got to Utah, so my aunt took us in. We'd sleep on the floor in front of the fireplace. I would open my eyes when we'd lie down there and see these spinning things all over the fireplace. Of course, I was hallucinating from the fever. We lived with my aunt until we found a place on 5th East and 4th South. It was just one room above a business. It had no refrigeration and no air conditioning. It had nothing in it but beds for us to sleep on. You had to go down the hall to use the bathroom. I was still very sick when we moved in. They had the doctor come out again and he told mother, "That child has to have milk, or I'm not sure she's going to make it." Mother said, "I can't afford milk." He said, "Use canned milk and dilute it." We had no place to keep it cold if I didn't drink the whole thing in one day. It was always warm. That was the worst thing I ever drank. I don't like canned milk to this day. I use it for cooking, but I don't like it. ROH: Was your dad able to find a teaching job in Salt Lake? BS: Not at first. He was still struggling to find one. He decided he was going to open a printing shop. He would print and help distribute things. The business did not make much more money. We were still struggling. We finally found a little house in back of a larger house. I remember while we were there that if we were naughty, Dad would say, "You need your legs switched." But he wouldn't go out and cut the switches. We had to go out and cut our own switches. We would try to find the thinnest switches we could find. But we soon found out that they would 10 sting worse than the thicker ones. We straightened up pretty fast with that. It did not happen very often after that. ROH: I would imagine. Let's take you back to Salt Lake. Were you in school in Salt Lake after you got well from the measles? BS: Yes. We came back to Salt Lake City before I finished first grade. I went to the Liberty School there in Salt Lake. I remember only three of my teachers in school and that's all. In the first grade, her name was Ms. Anderson. My fourth grade teacher was Ms. Morgan. In the sixth grade, I had Ms. Jensen. In those times, a married woman could not teach school. I had a lot of girlfriends during my school years. After we graduated, 2 of them moved to the Ogden/Weber County area. It was great to renew our friendships. ROH: At what point did you move to Ogden? BS: We moved to Clearfield when my dad finally found a good job at Hill Field. My mother was working at the Ogden Arsenal. I also worked at the Ogden Arsenal between my junior and senior year of high school. I worked for a captain as a stenographer. His name was Captain Haugh. He said, "As soon as you graduate next year, come back and I'll hold your job for you." And he did. I had to report back to work on the last day of school. I checked with the Principal and he said that if I did not attend that last day, I could not graduate. I went to work that last day and when I went to graduation no one said anything about it and I graduated with the rest of the class. 11 ROH: Which high school did you attend? BS: I attended South High School in Salt Lake. ROH: Where were you in junior high? BS: In junior high I was at Lincoln. During the time I was in junior high we only went to junior high for two years. 7th grade was half a year and 8th grade was half a year. This meant that we only went to school a total of 11 years, so I graduated at 17 years old. ROH: Were you in Salt Lake for a long time? BS: I was in Salt Lake City all through my school years, until I came up to Clearfield to work. I was the only one at home by the time we moved to Clearfield, my sisters were all married. They all married within four months of each other. ROH: Wow. Your mom was busy. BS: She was busy. I think it's easier if you have them close together. I had Louise and Connie get married one in January and one in August. That was harder to do because we were out of the mood, having them all together is almost easier. ROH: Were you involved in helping your sisters with their wedding decorations? BS: Oh yes. And we all wore the same wedding gown. My mother made my oldest sister's wedding gown and we all wore the same one. We couldn't afford more than one. ROH: Do you have pictures of everyone in the same gown? 12 BS: No. I have a picture of mine and Rachael had hers. The other two didn't have a reception so there were no pictures. Unfortunately, the dress couldn't be worn to the temple, but it was fun for us all to wear the same one. ROH: Do you still have the gown? BS: No, my oldest sister had it and I don't know where it is now. She passed away a year ago. ROH: I hope she kept it in the family. BS: I'm sure it is. I think her daughter, Susan, may have taken it. ROH: That's a special gown if four girls got married in the same dress. You touched a little bit about the fact that the Depression was going on. Do you have any memories of the Depression other than not having food to eat? The further we get away from it, the more people seem to forget that it was real. BS: It was very real. We were all aware of it. I don't remember a whole lot as I was young when it began. When World War II started, gas was rationed, shoes were rationed, food was rationed, and meat was rationed. You couldn't get butter, you had to use margarine. It came white and had a yellow pill in it. You'd break that pill and knead it in the plastic bag until it was yellow. They couldn't sell it yellow. Sugar was rationed. We had food stamps for all of this. We were still feeling the effects of the Depression and when the war started it got even worse. I remember the day they announced the war on Sunday, December 7th. In Salt Lake at that time, the newspaper would send out a special edition 13 newspaper and the newsboys would go up and down all of the streets in Salt Lake saying, "Extra, extra! Read all about it," trying to sell newspapers. They said, "The Japanese have attacked the United States in Hawaii." I was just getting ready to go to Sunday school and that's the way I heard it. After the World War II started, we still had to watch pennies. ROH: Were your older sisters working? BS: Yes, they all started working when they graduated from high school. My oldest sister, Rachael, went on a mission for our church to New York. The rest of us worked during this time. Arlene tried to go to the University of Utah. She graduated from high school when she was sixteen. She just could not seem to fit in with all the people at the University, because they were older than she was, so she got a job. I went to work during my senior year of high school. ROH: How did you get that job? BS: Well, because of the war the men were all gone, so all the women had to take on the jobs that the men weren't here to do. I was very fortunate. I got a job at Deseret Book typing school orders for the Salt Lake schools. ROH: Was that being done at Hill Field? BS: No, I never worked at Hill Field; I worked at the Ogden Arsenal. Let me get back to that in a minute. You asked me how I moved to Clearfield. We decided that as long as all three of us, Mom, Dad and I, were working up here in this part of the state, we might as well move up here, rather than make that drive every day. So, 14 the family moved to Clearfield. We lived right there next to the Ogden Arsenal. It was closer to work. ROH: Was there a train at that time? BS: The Bamberger. Only the older people know about the Bamberger, at least the younger generation doesn't. How can that be? ROH: Everybody talks to me about Bamberger. That Bamberger was very important. BS: When Bill and I were dating, we had to date by riding the Bamberger. He was in Ogden and I was in Clearfield. We didn't have a car, and he couldn't get any gas because it was rationed. He got 15 gallons of gas a week to go to work and he could have two gallons of gas for pleasure. Gas was a lot cheaper then, it was only about 18 cents a gallon. ROH: It still didn't get you that far. BS: Exactly, we didn't have the gas. I had money to buy gas, but gas was not available to buy. ROH: So your job was at Deseret Book? BS: Yes, I worked at Deseret Book in Salt Lake and I'd go in at 1:00 p.m. and I'd work until 6:00 p.m. President McKay, before he was President of the LDS Church, spent so much time in the Deseret Book, and I got well-acquainted with him. In fact, he married Bill and me. He was also my mother and dad's friend and we, Bill and I, visited his office and asked him to perform our ceremony. 15 ROH: Today is Wednesday, October 24, 2012. We are in the home of Bernice Stromberg in Ogden, Utah. Present are Bernice and Rebecca Ory Hernandez from Weber State. Before I turned on the recorder you said there were a couple of things that we didn't talk about last time. Why don't you go ahead and tell me a little bit about your mom? BS: When I was in grade school, mother finally decided she would certainly like a washing machine. We had been using the scrub board. She said, "I'm going to go to work so I can buy a washing machine." She worked for a dress factory and her job was sewing sleeves on dresses all day long for 10 cents an hour. She was such a beautiful seamstress. She went on later to work for Ehlers Drapery Company. She made band uniforms and the heavy velvet stage curtains for schools and churches. I don't know how she did it because she was just a little bitty lady. ROH: Drapes like what you would see at an auditorium or a stage? BS: Yes. When I was a junior in high school, she quit work. That was the most delightful thing I had happen in my life because it was so nice to come home from school with my mother there. The house was warm and smelled good because she had been baking and cooking. It was such a wonderful feeling to have mother there when I got home. I was the youngest, so I was the first home all the time. Another thing I hated about coming home and being alone when I came home school, was the fact that we only had a coal stove in the kitchen that we cooked on and a Franklin pot belly stove in the living room for heat. Since I 16 was the first one home, I had to build all the fires in the stoves. I did this from the time I was probably eight years old. (When Bill and I were married, he couldn't even build a fire in a fireplace. I'd have to build the fire in the fireplace because he couldn't get it to start—even though he had been a boy scout). My high school years were not the most fun time in my life. I loved school, but there was just too much drama going on and people hurting one another's feelings. In my year book, one of the girls wrote, "Bernice, I really would have liked to get to know you better, but you were always so stuck up." I was not stuck up, I was very shy. I was totally afraid of strangers and other things. I was so shy that I would hold myself back and she thought I was just avoiding them all. Had I known, I might have done things differently. ROH: You graduated, but you didn't walk? BS: Yes, I graduated and I did walk. Education has always been so important to Bill and me. Neither of us had the opportunity to go to college. As I mentioned before, we were very poor and going through the Depression. There was no money. I could go to work, but I couldn't earn enough to pay tuition. Mother and Dad couldn't work more than they already were, so I was unable to go to college. Bill tried to get in the service, but they wouldn't take him because of football injuries he'd had in high school. ROH: Where did Bill go to high school? BS: Ogden High. 17 ROH: Let's talk a little bit about Bill's background as far as you are aware. Where did he grow up? BS: He was born and raised in Salt Lake until he was nine when his dad moved to Ogden because he got a better job there. ROH: What was his dad doing? BS: At that time, he worked as a grocery salesman. He'd go around to the stores and get all the food orders. He had all of Utah, part of Southern Idaho, and part of Wyoming as his district. He would write up all the orders and turn them into the grocery chain. ROH: Does the grocery chain still exist? BS: They're gone now. The building is still there on Wall Avenue with the name on it, Utah Wholesale Grocery. Bill grew up in Ogden and graduated from Ogden High School. He played football and that was very important to him. ROH: What position did he play? BS: Tight end. He played both offense and defense back then. His school took region the year he graduated. After graduation he went to California to the Curtis Wright Air Technical School and learned to be an airplane overhaul mechanic. He liked mechanics, so he went there by himself. He had a buddy that was going with him, but he decided not to go. Bill told him, "I don't care. I'm going anyway." He went and when he came back he was 18 and went immediately to work for Hill Field. 18 ROH: What was Bill's date of birth? BS: It was the 28th of February, 1925. He worked at Hill Field and loved what he was doing. We got married on August 29, 1945. I was still working at the Ogden Arsenal. I was eighteen and he was twenty. He lost his job three weeks after we got married. They were laying people off at the Base and if you didn't have military experience, you were the first to go. He was one of the first to go. I said, "I'm not sure this is quite fair, I go to work every day and you stay home." He got another job at the Navy base which was located where Freeport Center is now. He worked there for three years and then Hill started hiring and hired him again. He had been a warehouse man at the Navy base and when he went back to Hill, he qualified for a desk job rather than mechanics. Before he retired from Hill Air Force Base, he was the Branch Chief for the Material Management Department. He had been able to work himself up. ROH: When did he retire? BS: He retired in 1977. He was 52 years old. He called me one day from work and he said, "I've got a chance to retire Bernice, what should I do?" I asked, "Well, how is it going to affect our income?" He said, "It won't affect it a bit." They wanted to release one of the highest paid positions. So when they came back to him, he said, "Okay, I'm letting go of myself." They said, "You can't do that." He said, "Yes I can." They said, "We'll transfer you." He said, "You can't. That's an adverse action." So, he retired. 19 He had a lot of things he was interested in doing after that. He went into land development and timeshare. It was a blessing in disguise. I didn't work terribly long after we were married. I stayed home and became a housewife. We couldn't have children right away and didn't have Christine until 1947. My neighbor once came to see me and said, "Bernice, I need to talk to you." I said, "Okay, what do you need?" She said, "You know how when girls get married and they have babies right soon everybody talks about them? Everybody at church now is talking about you and Bill and why you're not having children." I said, "I wish I knew why we weren't having them. I don't know." We really did want children, so after a year or so I went to my doctor and he said, "You'll never have any children." I had a growth that had totally filled the uterus. He took that out I got pregnant right away and have had six children. ROH: You had many children. BS: It was a great thing. ROH: How did you meet Bill? BS: A girl that worked in the same office with me and I became very good friends. One day she said to me, "There are two really good looking guys that go to Mutual. Come with me" I said, "Okay." It was Bill and Glen Robertson. Bill asked me on a date. The way we had to date was even funnier because gas rationing was still on. I lived in Clearfield and he lived in Ogden. The Bamberger was still running 20 and it would run to Ogden. The only stop close to where I lived was at the West gate of Hill Field and the Ogden Arsenal in Clearfield. I would take the train to Ogden and we'd go on our date. Bill would pick me up at the station and then take me back to the station after the date. I would then take the train back and then I'd have to walk on the highway to my house. I lived in a housing development down the street. When I think back on it now, that was a dangerous thing to do because sometimes it would be 10:00 or 11:00 at night and it was always after dark. But it was a different time then entirely. Telephone calls were ten cents each and ten cents was a lot of money then. We had to really plan our dating so that we could use the train for transportation and not have to use the phone to make plans. ROH: Where did you like to go when you did go out on dates? BS: We would go to movies, go for long walks, get ice cream cones, or we danced often at White City Ballroom. There was a hamburger place down on Grant Ave and everybody went there. It was open for years and they were the best hamburgers in Ogden. The place was run by a husband and wife. When they gave it up their children didn't want it. They helped for a while and then they didn't want it, so they sold it. It was a block west of Washington on Grant Ave. Of course, things have changed so much since then. ROH: Where did you get married? BS: We got married in Salt Lake at the LDS Temple. 21 ROH: Where was your first home? BS: It was a duplex on the corner of 29th Street and Jackson. ROH: Is it still there? BS: Yes. We had no furniture or anything, but we were stable. I said, "You know it is amazing what you could do without." We were as poor then as I had been all my life. He hadn't had to do without so he was not use to it. We bought a little wooden table and chairs for the kitchen. His mother gave us a hide-a-bed couch. I had a rocking chair that my mother gave us and we bought a bedroom set. Later on, we were able to buy a washer and dryer. Sometimes we would have no more than ten cents, after paying the bills and buying food, and we would walk up to Harrison Blvd.to Judy's Ice Cream Store and we'd each buy an ice cream cone with that dime. We were broke. We both worked the first year and our annual income was 2500 dollars. That's what we lived on and that's what we bought the furniture with. A Grocery Store was just kitty-corner from where we lived. We had a big garden and we would sell a bushel of tomatoes to that store. They were always glad to get homegrown produce like that. Food was cheap back then. Lettuce was 5 cents, bread 10 cents and hamburger was 25 cents a pound. ROH: Did everyone have a garden at that time? BS: Yes. During World War II, they asked everybody to have a victory garden. Everybody who had a place where they could plant a garden did. I loved my 22 garden. I even planted some veggies out here this last year. I wanted some tomatoes, zucchini and cucumbers so I had one little spot where I took out roses and put in veggies. We really had a wonderful life. He brought home $64 everyday two weeks. We had to pay rent, buy groceries and we had to pay all our utilities, but we never went into debt. It's just amazing what you could do that back then. When we were first married, Bill had a yellow convertible. Later on, He sold that car and we bought a lot next door to Bill's parents on Mount Ogden Drive for 500 dollars. We built a house on it. It was a nice home. Our lot was large and went through the whole block. Years later, we sold the bottom half to a younger couple and they built a house on the bottom half of the lot. Soon all of the property owners did that. ROH: When you were home alone before you had children, how did you fill your time? BS: I started out right away working in my church and with young women. I was 18 years old and I taught girls that were 17 years old. I did lot of things with them. I also started doing genealogy work. I worked periodically. I worked as a ward clerk at the old Thomas Dee Hospital and I volunteered a few years in the McKay Dee Hospital. I told Elizabeth Stewart once, "I want to volunteer." They had come in with a grandmother program at the McKay Hospital where older women would go into the nursery to feed the preemie babies. Elizabeth said, "I'd like to go with you but I wonder if they'd let me not ever having any children". We went over and they said, "You bet." We would go over once a week and feed these teeny tiny 23 babies. She absolutely loved it. They have done away with the program now. I don't know why. One day, I had a little colored baby. He was so cute. His name was Maurice. I fed him, held him, and talked to him. He just grinned. I said, "You can't grin." He didn't weigh five pounds yet and he was 3 months old by that time and he could grin. I thought, "You're too little to smile." That was a great time in my life. I had plenty of things that I could do. ROH: Tell me about your children. BS: Christine was born in 1947. She was not a happy baby. She cried night and day for seven months and we'd take turns sleeping. I would sleep a few hours and Bill would sleep a few hours. But she was a beautiful baby. She wasn't even red or anything. She had such fair skin and looked like she was two or three months old when she was born. She got her first teeth at two months. She has taught school. She graduated from Ogden High Schools and Weber State University. She earned both a Bachelor's and Master's Degree. She married Travis D. Crowther. We encouraged all of our children go to college because we felt it was very important. She received a "normal scholarship" in the education department. You had to teach in Ogden schools for one year if you accepted that scholarship. It covered the tuition. She went through college and always said, "I really want to be a college bum. I would like to go to college all my life and never quit." She's done that and gone into so many things. She taught anything from second grade to sixth grade. They wanted her to go into high school teaching, but she said, "I don't want to because if kids don't get a good foundation in elementary school, they have too much trouble in junior high and high school." She's retired now. 24 ROH: She's not still going to school? BS: No. Both she and Travis are retired and they want to travel and be with their grandchildren Richard was our second child born in 1949. He was a good baby and a good child. But he's now so full of, I do not know what. He's always teasing. Sometimes I wonder about him. He went to Weber State University too, for computer science. When he got his master's degree, he went into mathematics. He decided mathematics would do him more good in what he'd probably end up doing. So he got his master's in mathematics and went to work for Phillips Oil. He works at Northrop Grumman as an engineer in missiles now. Richard had a hard start in school. In the first grade, I was very worried about him. He would go to school, but I knew he wasn't learning to read or the other things he should be learning. I would call the teacher and go to all the parent teacher conferences and she would say, "He's just doing fine." At the end of the school year, that teacher said, "You might just as well forget that boy. He's never going to learn anything." I said, "You've been telling me all year he was doing fine." She said, "Well he isn't. He's not smart enough to learn." I found out later that he had spent the entire first grade on a chair in the closet or out in the hall. She didn't like him and she didn't want to be bothered with him. I went to the principal and that teacher was transferred the next year. I was not the only parent that had problems with her. So Richard had a hard time trying to catch up. When he was in the fourth grade he had a marvelous teacher, May DeLange. She called me on the phone and said, "Bernice, will you have Richard do his oral reading at home 25 and I'll have him do the silent reading at school. They all make so much fun of him and call him Bucky Beaver." You see, his front teeth stuck out so far that he could not pronounce some letters. He could not have his teeth fixed until he was 11 years old. He really developed quite an inferiority complex, which you wouldn't know nowadays. Through high school he still had problems. Every time they had a parent teacher conference I'd get a letter that said, "You need to bring Richard in. He's failing in school." I made an appointment and went over to discuss this with his teacher. He told me that he gets an A on every exam, but he never hands in one page of homework. You get that many zero's, the A's can't cover it. I asked him, "Why? I know you do your homework because we all sat at the table and you did it." He said, "I know. It's in my locker." I said, "Why didn't you turn it in?" He said, "Because I think it's about time they grade you on what you know and not what you do." When he graduated from college, he did some graduate student teaching at BYU. I asked him one day, "Do you require your students to hand in their homework." He said, "Well, of course, how can I watch and follow their progress?" I said, "My how things have changed since you went to high school." He graduated from Weber State University and received his Master's from Utah State University. He married Pamela Day Cook. Third was Louise, born in 1951. She was so timid that many the kids bullied her. She'd go down to wait for the school bus but she wouldn't get on the bus, she'd walk back home. I didn't always have a car to take her to school because we only owned one car and Bill had to take it to work. She had to wear glasses in the first grade and that bothered her too. She was such a smart girl. 26 She attended Weber State University for her Associate degree in Nursing. She went on and finished her Bachelor's and Master's Degrees. She is now just finishing her Doctorate Degree. She teaches nursing at Weber State. At this time, she has passed her doctoral exam and only has her dissertation to do in her doctorate of nursing education. She is married to Michael Salmond. She has four children—two sets of twins. Fourth, came Connie and she was something else. She was born in 1954 and she was so anxious to be born that I almost did not make it to the hospital. She was so effervescent that she couldn't sit still to eat her dinner. She would be on a chair, off a chair, up and down and around the chair. I'd say, "Just sit on your chair." She'd say, "I can't, Mom. I just can't." She would walk to school down to the bus with Louise who just prodded along, and Connie would dance around her and the other kids at least six times before they got to the bus. She did well with school and did well with friends. When she was in third grade and I went to parent teacher conference the teacher said, "That child is the most effervescent child I have ever had in school." I said, "Yes I know she is. I'll talk to her and see what we can do." Mrs. Brown said, "Don't you dare. Can't you imagine how wonderful life would be to be that happy? She does her work and she doesn't bother any of the other kids." She's still that way. She attended to Weber State University, for only one a year. She took all of the business classes and she's since been the head secretary in the Cook Elementary School where all her children went to school. So that worked out fine. She married Stanley W. Sims and they have four children. 27 Douglas was our fifth child, and he was as bad as Connie was and couldn't sit still very long. He loved to be alone and he loved to be home. He could not sit still in school. I told the teacher, "I'll talk to him and see what I can do." She said, "Don't do it. I can teach him on his feet as well as I can teach him on his seat. He never bothers anyone. He just walks around the room and comes back and sits in his chair." I thought, "Oh, what a marvelous teacher." President Thompson used to call him the renegade because he's the only one that didn't go to Weber State. He went to BYU because he had a full ride scholarship in football. He received his Bachelor's and Master's from BYU and then went to Hanuman Medical University in Philadelphia for a Master's of Physical Therapy. He now works in physical therapy at Logan Regional Hospital. He married Maren Smith. Then there's Curtis. He was the best baby and little boy we ever had. We'd take him to the grocery store and he'd get in front of the cereal shelves and just look at things. He'd put his hands behind his back and never touched a thing. We'd do all our shopping and go back and he would still be looking at the cereal. I remember getting in the car one day to go home and said to Bill, "Oh, I think we left Curtis in the store." He did well in school. He's principal now at the Kaysville Junior High School. Most of our children went into education. ROH: Did they all go to the same school growing up? BS: They all went to Ogden High School. Christine, Richard and Curtis got their master's degrees from Utah State. Louise did hers online. She got her Master's 28 through Phoenix and her Doctorate through North Central in Phoenix. She said, "I'll graduate in May, 2014 and I expect you to go to Phoenix. I'm going to walk. I put enough into this that I'm going to walk, so I guess I have to go to Phoenix with her." They've all been good kids and have good jobs. ROH: What were some of the family traditions you had with the kids? BS: Well, Bill was traveling so much, so we took one big vacation a year with all the children. But I went alone with Bill a lot of times when he went on TDY. The grandmothers were always thrilled to take all those children for a time like that. Sometimes they'd divide the week. My mother and dad lived in Salt Lake and Bill's mother and dad lived on the other side of the Weber State campus on Mt. Ogden drive. ROH: Where did you travel to when you took vacations? BS: We went where he had to go work. We would go to Las Vegas and Disneyland every year since it opened, when our children were at home. He'd often have to go down to California and we would rent a house on the beach or close to it and take all the children. You would think we were nomads because we had the play pen, the high chair, and everything on top of the car and all the kids and suitcases inside the car. He had to go to several places in California and when he became branch chief of the material management department he had to visit every air base, even the ones overseas. For three years he was gone 70 percent of each year before he got his technicians trained to do it. He said to me at that time, "Bernice, you've 29 stayed home and raised our children, when I retire I'm going to take you to Europe and to every country I went to." And he did, except for Trippoli. Cadaffe had already taken that country and that air base was closed. ROH: What was that like? BS: It was wonderful. On one trip we visited ten countries—Italy, Germany, Austria, France, Netherlands, and so many around there. We took Don and Elizabeth Stewart with us and my sister and her husband. It was a wonderful trip. We also went to England a couple of times and went to Israel, Egypt, and many other places. ROH: On the same trip or a different? BS: No, it was at different times. Elizabeth wanted to go do some genealogy in England and Scotland, so we went there one time. When I think about all the trips, they were wonderful experiences. We later bought a condo in Indian Wells, California down in the Palm Springs area and we built a cabin up at Baer Lake. We also traveled a lot with the children. Yellowstone was one of the favorite places as a family. ROH: Tell me a little bit about Elizabeth Stewart because you were friends with her and her name is on the library. I like to ask people to tell me a little bit about her. BS: She lived just two doors up the street from us on College Drive. Bill was Bishop then and we got to know her well through the ward. We traveled a lot with them in their big bus. She became one of my best friends. We confided in each other. 30 One thing I remember so well is when she got irritated with Don somehow. All of a sudden the doorbell rang and here's Elizabeth. She got in her car and drove down to my house, past only one house, into my driveway and came in just fuming. I can't even remember what it was, but she was so irritated with him, so we sat and talked. Then all of a sudden she said, "I think I can go home now Bernice." So she got in her car and drove past the one house again and up into her house. She and I did so many things together and I remember once she was over and I was complaining about my children not doing what they were supposed to be doing. She took me by the shoulders and looked me right in the eye and said, "Bernice, I would give everything I own to have your children." We were good for each other because we could say things and the other would never get angry or upset; we'd just take it with a grain of salt. She was one of the most generous people I have ever met. She loved children. Our children called her Grandma Elizabeth. She was also known as the cookie Grandma. She tried to teach me piano lessons, but I didn't do too well. My dad was a violinist and he was in the first Utah Symphony Orchestra. One day I said, "Dad, I want to learn to play." (Richard did and he played in the youth city orchestra, but when he got to high school and played football he would not carry that violin to school). I did my best, but I don't hear music very well. One day after we finished the lesson my dad said, "You know, Bernice, I think you 31 ought to choose another instrument to play." It was the same with piano, I could not do it well. ROH: Just not your instrument. The piano wasn't either? BS: No. You can see why I didn't do much outside of the home with all the children home and no husband most of the time. When all of the children graduated from high school and were working and such, Curtis was the only one that was still home and Grandpa Stromberg was living with us as well. I also had my mother with us for 8 years and him for 20 years. Then Curtis had a friend that went on mission and his mother had cancer. He knew she wouldn't live until he got home from his mission. When he did get home his mother had passed away and his dad had remarried and moved into a trailer home. The new wife had a teenage daughter and his dad just looked at him and said, "I'm sorry Greg, you're going to have to find another place to live because I don't have room for you anymore." Greg tried living with his sister, but she and her husband were newly married and it just didn't work. He was going to Weber State and he asked Curtis, "Do you think your mom and dad would let me live with them while I go to school." Curtis said, "I'm sure they would." So we took in Greg. Then, we took in Debbie who wasn't a member of our church but she wanted to join so badly. She and her mother lived here in Ogden in the East Ridge apartments in a one bedroom unit with her live-in boyfriend. Debbie was sleeping on the couch. She came to live with us and eventually joined the church. 32 She lived with us for a long time. I still call her my bonus child. We had both of them for a while. When Greg finished school and went back down to Centerville. We had a swimming pool in our back yard and Curtis and Annette wanted their little girl to learn to swim. They brought Kari Sue up to teach her to swim in our swimming pool. Kari Sue was not a happy girl and she finally said, "Can I come live with you?" I said, "As long as your parents give you permission." That was always the one criterion with all the kids that lived with us. Her parents came up and visited with us and they said they thought it would be a good thing. She later went to Seattle for a better job. Then there was Michael, who had dated Debbie and wanted to come and live with us. By this time Debbie had dated and had been engaged to another young man. One week before the wedding was to be he said, "I don't want to get married." We had to give all the things back and I had made her wedding dress and everything. She was lost and I said, "Would you like to go on a mission?" She said, "Yes." So we sent her on a mission down to Costa Rica. She was such a spoiled child because she was an only child. I said, "You know, you're never going to make it down there with all the bugs and the forest and all of that. I'm just not sure you're going to make it." She told me later, "Bernice, every time I felt like coming home, I thought, no way I am not going to give you the chance to say I told you so." She stayed her full time. She spent some time in the hospital because she caught some of the bad bugs. 33 After Bill's mother died, Grandpa Stromberg came to live with us. He was pretty good for quite a few years, but then I had to watch him every minute because he'd wander. Later, my Ddd passed away and my mother was living alone, but I was afraid of her falling so we took her in as well. Counting the seven years that I took care of Bill, it had been 35 years that I was taking care of elderly people or teenagers in my home. I loved every minute of it. I really did. Bill's dad was the sweetest man I've ever met. I always called him my spiritual giant. ROH: What was his name? BS: Verner Lorenzo Stromberg. His parents came over from Sweden with one sister and two brothers. One baby died and they buried him at sea. Verner was born here. One day, his dad didn't come in from the fields, he was 35 years of age and they found him dead out in the field. His mother and grandmother were living here too and they didn't even speak English. It was kind of a hard time for them. My ancestors came from Denmark. I'm a pure Dane. Bill and I really had a wonderful life. We were always together. Everything we did, we did together or with the family. Did you want me to talk about Weber State? ROH: Yes, I was going to ask you how you became so generous with your time with Weber State. BS: It was a pleasure. I love the people there and the people that work there. John Johnson, the athletic director, I just felt like he was my own. He wasn't married when he was here and he'd come over to our home and sit in the big chair in 34 front of the fire place and say, "I absolutely love to just come over here and sit and talk with you and Bill." Bill was involved first, other than our involvement with the children going to Weber State. I did take one class there in home decorating. When Elizabeth and Don Stewart became sick and needed to have some more on their board, they asked Dean Hurst, Jack Lampros and Bill if they would serve on the board. ROH: How did Bill meet Elizabeth? BS: He was her Bishop at that time and she lived two doors up the street from us. ROH: Okay, so that's how they met originally? BS: Yes. Well, we knew them before that because we lived so close to them. She was the most generous person I've ever met in my whole life. A lot of people tried to take advantage of her. She'd get 15 to 20 letters in the mail asking for money. ROH: From random people in town? BS: Yes. They'd say, "I'm a friend of so-and-so who's the friend of…" and on and on. She said, "Well, I can't give it to you. We are a 501c3 charity organization and we cannot give to just an individual. It has to be charitable organization." That would cut most of them off. ROH: You're not the first person to say that to me. The first time I heard it I was surprised. Now, I'm surprised to continue to hear it. 35 BS: They knew she had money and wanted some of it. I had Don and Elizabeth over for Sunday dinner for 30 years, except holidays when they would go to Carol and Dean Hurst's. My mother was living with us at this time and would always make pies for dinner. She was the best pie maker in the world. When Don came to my mom's funeral he said, "Bernice, who's going to make our pies now?" I said, "Probably me." ROH: Do you? BS: Oh yes, I've made pies for a long time. ROH: So she taught you how to make pastry and pies? BS: Yes, Danish pastries and Danish foods, which I love. A Danish soup called hot soup. It's made with raisins, prunes, sliced lemon, cinnamon sticks, and tapioca. It's all boiled together and all those flavors blend. Oh, I did love that soup and so did Bill's dad because it was also a soup they had in Sweden. I finally found a recipe for it. My niece took all of mother's recipes when she passed away and I didn't get some of them that I wanted. My children and Bill hated the soup. It was so good though, I couldn't imagine them not liking it. Another quick thing about Elizabeth, she was known as the cookie grandma of the neighborhood. She always made cookies and the kids would go to her house or mine after school. I would always have hot bread and peanut butter and honey. One day, Douglas came home when he was about five and said, "You know what, Mom, I'm going to marry Elizabeth." I said, "Hun, she is already married to Don." He said, "I don't care. I'm going to marry Elizabeth." He 36 just kept telling her that and we just laughed about it. When he got engaged to be married, he came home from the "Y" and said, "I've got to go talk to Elizabeth." I said, "Okay, what do you have to talk to her about?" He said, "I'll tell you when I come home." He went up there with his bride-to-be, and asked her permission to marry Maren. She gave him and Maren her permission and blessing. ROH: That's so sweet. BS: It was just a sweet, sweet thing. ROH: That's adorable. How did you start to get involved with Weber State? BS: I always went with Bill. I was always with him because they invited us to everything and that's how I got to know Presidents Ann Milner, Paul Thompson, Steve Nadauld, President Bishop and Bill Miller. So you can see how far back we go with people from the university. I just tagged along with Bill. ROH: I've talked with the Miller Sisters. BS: Their mother, Mary, and I were so close and every time I'd see her she'd say, "Bernice, remember you're talking at my funeral. I've told the girls that you're going to be the speaker at my funeral." I just fluffed it off and she lived a lot of years after that. When she passed away Donna called me and said, "Bernice, I've got a question to ask you. "Would you mind if we girls talk at mother's funeral? We think that would be nice, but I know mom always said you were to be the speaker. I wanted to clear it with you before we did anything about it." I said, "Oh you sweet girl. I always expected you to." That family was a very 37 special family. It wasn't until Bill passed away that I was asked to be on the Stewart Foundation board. That's when I got a little more involved myself. I knew everybody so I felt like I was part of them already. ROH: Like part of the family. BS: Right. It's a great experience. That's why when they called me recently on the MS thing she said, "We'd like to know what you've done in the community." I said, "Shelly, I haven't really done a whole lot in the community." Bill and I liked the weight training building and they needed to make it bigger and get all new equipment and so Bill and I did that. I always think about what Jack said one day when they were asking him about donating money to the college. He said, "You know, it's an awesome experience to be an entrepreneur. Especially when you do it with someone else's money," meaning the foundation's money. I really laughed at him. ROH: He is funny too. BS: He is. Both he and his wife are. That's my connection with them, the foundation, and we became friends and traveled together. I can't say that I have done much other than just being a part of all of it with Bill. ROH: Well, that's very important because without your support we wouldn't be able to do all the wonderful things that we're able to do and it means a lot to the university. 38 BS: That's about all I did. I had been asked during all those years of raising children, if I would be the Weber County chair of one of the county foundations. They asked me many times if it would be possible to come and work in the social services to work with the pregnant girls, to be their friend, take them to Dr. appointments and let them know that someone cares and loves them. I wanted to help, but I always had someone at home that needed my care. I've always felt bad that I couldn't do more. I started working with the young women in our church when I was 18 and did that for 44 years. ROH: Are you still doing that now? BS: No. I had to give that up. It got to where I could not do the camping and hiking Ben Lomond and all those things, but I did teach for a while. They said, "Just come back and teach the girls and we'll get you help for the activities. You can just do the lessons." ROH: What keeps you busy now? BS: Great grandchildren. ROH: Are you still serving on the board? BS: Yes. I still am. I'm trying to think of what I do. ROH: Trying to keep up with all the family? BS: Well, that's the thing, I always have somebody here. Earlier I had an Avon lady that came to my house and she said, "I can't wait to come here. It's just like a three-ring circus. I never know how many are coming in and out." Ours was a fun 39 home. Bill and I both thoroughly loved teenagers. When the kids got to be teenagers and people, we just had a ball. Also, Ned and Maggie Favero had the White House wedding reception—do you remember that? ROH: I've read about it. BS: She asked me if I would consider doing catering for them. This was a perfect opportunity for my girls and me. We spent many, many hours together baking, making candy and tarts, talking, laughing, and bonding our love and lives together. It gave the girls work experience and an income. I loved to cook. I hate it now, but I loved it then and in the stake anybody that had a problem with cooking would call me. In fact, one ward has already called to see if I would make chocolates again. I said, "No, but Christine and Connie can do it." It really was a circus. We loved kids. When people start complaining about their teenagers I think, "Why? They're all so wonderful." I still have them come and visit, some of those that I taught back in 1945 and 1946. For years they would invite me out to lunch once in a while. Teenagers are pretty smart, they know genuine love and they know a put-on. Bill felt that way too, he absolutely loved young people and they knew it. I smiled when one of the hospice people came in and she said, "The first time I walked in your kitchen, I knew that this was a happy home." I have a sign up on the wall that says, "It's a Wonderful Life." Another lady in our ward brought me one that says, "Life is good." It was good. It really was. I can't say we always agreed. We could build houses and get 40 along fine, but put us in the yard and there was no way could we work together. I always said to him, "If you want to get a housekeeper or a gardener, be sure it's a housekeeper because I want to stay the gardener." He loved to build and I loved to work in the yard. My life was full raising our children and caring for parents, filling our home with teenagers when ours began to leave. When we moved here to Chimney Hills, it was the first time we lived alone, Bill and I. I really miss the full house. We have been truly blessed with a great posterity, 6 children, 26 grandchildren and 55 great grandchildren. When you add in all the spouses, that is over 100 in our family. Life's been good, and I wish I could share more. I've helped a lot of people, but it's just been me doing the things I love to do which is helping people. I still like to serve people. ROH: I thank you very much for taking the time to share your story with me. BS: Thank you, I am really glad to get better acquainted with you.

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Prices Always Right Itje Lutheran Mlieirtloji Society No 1424 Arch Street, PHILADELPHIA, PA Acknowledged Headquarters for anything and everything in the way of Books for Churches, Colleges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and develop one of the church in-stitutions with pecuniary ad-vantage to yourself. Address HENRY 8. BONER, Supt, THE KAERCURV The Literary Journal of Gettysburg College. VOL. XVI GETTYSBURG, PA., DECEMBER, 1908 No. 7 CONTENTS. A CHRISTMAS POEM 2 E. J. BOWMAN, '11. JUSTIFICATION OP THE BOYCOTT 3 E. E. SNTDER, '09. CONSTITUTION OP THE KEYSTONE DEBATING LEAGUE 7 IS THE GOVERNMENT COSTING US TOO MUCH?. 9 P. S. DENGLER, '09. OUR LITERARY SOCIETIES II.—PHRENA 11 WHY IS GETTYSBURG NOT WEALTHY? 13 ST. G. PHILLIPY, '09. THE JUNIOR "PROM" SOCIALLY CONSIDERED. .15 BIOGRAPHY OF SCHILLER 17 MISS BAUSCH, '11. CULTURE'S DISTRESSING FOE 20 G. E. WOLF, '09. THE ECONOMIC ASPECTS OF THE LINCOLN ROAD.22 G. L. KIEFFER, '09. THE "INDIAN STEPS." 23 E. C. STOUFFER, '11. THE INVESTIGATION OF THE FARMER; WHAT IS IT LIKELY TO BE WORTH? 25 MISS HELEN H. BRENNEMAN, '08. EDITORIALS 27 BOOK REVIEWS 29 EXCHANGES 30 THE MERCURY A CHRISTMAS POEM. E. J. BOWMAN, '11. .Behold the earth in solemn stillness lies! Again, his course traversed, the king of day Has sunk beneath the distant mountain tops. No longer glows in radiance the sky, But silent night enshrouds the wearied earth. No sound of man or beast comes forth to break The charm that over all has cast its spell. And far above from out the folds of heaven's Aetherial dome, the stars innumerable and Sublime are smiling on the earth below. All nature bows her head in reverence, thus- The God of Peace to laud and magnify. 'Twas such a night when from far Eastern lands, O'er mountains high, through valleys deep, Wise Men? Their way were tracing, guided by a star Outshining all the innumerable host That spangled all the heaven's majestic dome- When lo o'er Judah's city, Bethlehem, It stopped, and there, within a lowly hut, Behold, asleep within a manger lay The Holy One, the Buler of the Wise, By seers announced and prophets long before- 'Twas such a night when on the rolling hills O'erlooking David's City, Bethlehem, The humble shepherds, holy and devout, Their flocks were guarding from the hostile foe That roamed o'er hill and plain in quest of prey- When lo, the glory of the living God Around them shown, and, standing in their midst They saw the form of One divine in robe Of heavenly light, and in a tender voice The Messenger addressed the shepherds thus: "Fear not, I bring you tidings of great joy, THE MERCURY. To you, I bring them and to all mankind: In yonder Bethlehem is born this day A child, who is your Saviour and your Lord." Then while the shepherds filled with awe, o'er this Mysterious scene were meditating deep, Their gaze beheld a heavenly host in robes Of shining white around the Messenger Of love. Then forth upon the hallowed night The mellow strains of heavenly music broke, And there alone by God's own chosen few "Was heard the anthem of the Christmas-tide: "To God on high be glory evermore And upon earth goodwill and peace to men." JUSTIFICATION OF THE BOYCOTT. E. E. SNYDER, '09. JHE justification of the boycott is by no means an easy task. Its practice and its underlying principle have always been questioned and in view of the advanced and radical ground taken by both its advocates and its opponents, a careful study of the boycott, its history, its develop-ment, its modern forms, and its ultimate object, is necessary to enable us to pass judgment upon it, either favorable or unfavor-able. The term originated in 1880 when Captain Boycott, an Eng-lishman, who was the agent of Lord Barne in the Connemara district of Ireland, became so obnoxious because of his harsh treatment of the tenants, that they retaliated by inducing the people for miles around to have nothing whatever to do with him. They would neither speak to him, work for him; buy from him, sell to him, or in any way connect themselves with him. More than this they resorted to violence and even blood-shed, to prevent others from doing so. But this was not the ori-gin of the practice although it gave rise to the term. The prac- 4 THE MERCURY. tice extends almost as far back as history itself. In 1327 the citizens of Canterbury, England, boycotted the monks of Christ's Church. They refused to inhabit the houses of the prior, and passed an ordinance that no one should buy, sell, or exchange drink or victuals with the monastery. A severe punishment was provided against the disobedience of the order. The first use of the boycott in America was during the period just preceding the Eevolution, when the colonists boycotted several articles of British make. This culminated in the Boston Tea Part}', which was advocated and supported by our best and most patriotic citizens. Thus the advocates of the boycott claim that it was born in the cradle of American liberty. It was a great weapon, used by the Abolutionists against slavery, and it has often been used by ministers and others prominent in the social world against intemperance, immorality and other social evils. It has been used by the Manufacturer's Association against the work-ingmen, but here it is known as the "black list," and in this form it has ruined thousands of poor laborers. It has also been used by the laborers, in retaliation against the capitalists and it is this use which represents what we today recognize as the boy-cott. Thus from its history we might define boycott in its original usage, as meaning a combination of many to cause loss to one person by refusing to have any relations with him and by influ-encing and coercing others to treat him in like manner. In re-taliation for some wrong either real or imaginary, they withdraw from the victim all beneficial intercourse and even resort to force, in order to persuade others to do likewise. Today the term boy-cott means a combination of many usually organized working-men against an individual or a combination, through which they seek by withdrawing their support and services to secure redress for some infringement upon their rights. It,is this use that we would attempt to justify. The boycott, as has been mentioned, is but another name for the "black list," although it is usually practiced with a nobler end in view. The boycott usually seeks redress for wrongs, while the "black list" disregards the justice of its object and seeks only additional advantages by this coercive means. Yet the capital-ists raise a great cry of injustice when the boycott appears,, and shall be defined by the college that submits the question. THE MERCURY. lose no time in making their appeal to the courts for injunction and protection, although they are daily and yearly practicing the same principle against the laborer who can seek justice through no other means. But in this case it is the poor man's ox, that is gored instead of the rich man's, and if he would resist or seek redress, he is pointed out as dangerously affected by socialistic principles, and often suffers for trying to maintain a right guar-anteed to all by our Constitution. In practice, also, the boycott has changed, and few of the ob-noxious and injurious characteristics of the ancient boycott re-main. The boycott, as practiced at present, as has been stated, is simply the ostracism of an individual or organization, by an organization in order to secure, what they believe to be their rights. It may result in great pecuniary loss to the victim and because of this fact has often been restrained by injunction, but ■no violence attaches to it; no personal harm or injury, and in many cases individual bitterness has been eliminated. No force or coercion is used outside the obligations of membership in the contending organization, although, this fact is often changed, .and it is true that many organizations do take up the fight in sympathy. It is, when rightly used, but an effective weapon in the hands of the laborer by the use of which he is able to secure consideration and justice, when other means have failed, and as such its use is justifiable. From the laborer's standpoint its use possesses considerable economic importance, for it is only by its use, through the me-dium of his organization that he can battle, with any degree of success against the oftimes higher intelligence and more perfect organization of his employers, the capitalists. In this age, the tendency of each class, seems to be to gain wealth regardless of the loss, they may occasion. To the laborers, the boycott, is one of the few barriers that stand between him and a lower standard of living, which would be the inevitable result, were these barriers removed. Our eco-nomic welfare depends upon progress in every class. If the laborer is to share this progress he must advance and not recede. He must raise his standard of living, his culture and his edu- •cation instead of lowering them. To do this he must be in con-tinual conflict with the capitalist, who is his superior in educa- THE MERCURY. tion, and had an additional advantage because of his capital. The boycott has proved to be one of the few things which the •capitalists have not been able to overcome, and as its use enables the laborers to maintain his ground in the conflict for advance-ment, it is certainly justifiable. The boycott can also be regarded, as simply the practice of the right guaranteed to each citizen by our government, to say, write, or publish, anything he wishes, on his own responsibility. This is what the laborer claims for the boycott. He certainly has the right to govern his own words and dealings and to use his influence with others so long as he advocates a just cause and uses no coercive measures to secure adherents. This represents the workingman's idea of the boycott, and while it must be ad-mitted that it is here pictured in its most favorable form, and •that it is seldom practiced within the prescribed limits, yet the argument is founded upon a basis of justice and many decisions of higher courts have recognized this fact. As a last claim, we would advance the boycott, as the only ef-fective weapon against the "black list." No man has a right to work permanent ruin to another because of individual difference of opinion nor has an organization a similar right, and since the employer often uses this means against the employee, the laborer has a right to defend himself by the boycott. It is a hard and bitter solution to the problem. It is the Old Testament dispen-sation, "An eye for an eye." but when we consider that the con- 'ditions, from an ethical standpoint are far from normal, we must be satisfied if they do require abnormal means. Thus would we justify the boycott, from an economical view-point, but when we turn on our question the light of an ethical culture, we find it again questionable and we are compelled to ask ourselves the question, "Is there in the business activity of today, as represented by the masses on both sides, a point where ;an individual can retain pure ethical ideals and secure true eco-nomic good?" Perhaps in the masses there is not, but it is pleasing to note that here and there in the great business hustle of our age, we see sturdy advocates of a higher principle emerg-ing from the ranks of both contestants and when these shall have gained a majority the justification of the boycott will be impos-sible, but not until then. THE MERCURY. 7 CONSTITUTION OF THE KEYSTONE DEBATING LEAGUE. ARTICLE I. NAME AND MEMBERSHIP. This organization shall be known as the Keystone Inter-Colle-giate Debating League and shall have the following members: Bueknell, Lafayette and Gettysburg Colleges. ARTICLE II. PURPOSE. The purpose of this organization shall be to increase interest in debating in each of the colleges represented and to encourage inter-collegiate debating. ARTICLE III. ORGANIZATION. The executive committee shall consist of one undergraduate from each college represented and shall meet annually at the time and place of the final debate to transact all business of the League. ARTICLE IV. CONTESTANTS. Each college shall send to the contest in which it participates three representatives. Contestants shall be regularly enrolled students in the collegiate department taking at least ten hours of recitation or lecture work per week. The names of the de-baters and alternate shall be submitted to the opposing team at least ten days before the debate. No college shall protest the-eligibility of a debater later than five days before the debate. ARTICLE V. SELECTION OF QUESTION. The question for debate shall be submitted not later than six weeks and returned not later than five weeks before the debate is to be held. The college that receives the question shall select sides. No college shall submit the question to the other college twice in succession. Terms in the question, if not understood. THE MERCURY. ARTICLE VI. JUDGES. The college at which the debate is held shall submit to the visiting team at least four weeks before the debate the names of prospective judges. The visiting team may strike from the list any of "the names and shall return the remainder within one week designating the order of preference. No personal friend of any contestant and no one having had student of official relations with either of the colleges involved, shall be eligible for appoint-ment as judges. At the close of the contest, without conference-with his associates, each of the three judges, deciding for him-self, shall give his vote duly signed and sealed to the presiding officer who shall announce the decision. The judges shall base their decision on argument and composition and delivery; argu-ment to count sixty per cent., composition and delivery forty per cent. ARTICLE VII. CONTEST. The college at which the debate is held shall select the presid-ing officer. Each debater shall have fifteen minutes; ten min-utes for his opening speech and five minutes for rebuttal. The first speech in rebuttal shall be made by the negative, and the-affirmative shall close the debate. The order of speakers in re-buttal shall be left to the discretion of the respective teams. No> new material shall be introduced in rebuttal speeches. ARTICLE VIII. EXPENSES. At the annual meeting of the Executive Committee, each col-lege shall present an itemized statement of its expenses necessary for the year. This expense shall be born equally by the colleges-of the League. TIIE MERCURY. IS THE GOVERNMENT COSTING US TOO MUCH. F. S. DEX3LER, '09. F wo except the most active period of the Civil War, the total drafts upon the Treasury of the U. S. during the past Congresshavebeengreater than at any period in our history. The total appropriations made by Congress dur-ing the Civil War were $1,309,000,000 of which $1,030,000,000 was spent upon the army. The appropriations for the fiscal year 1909 reached a total of $1,007,000,000. In these days, when private fortunes sometimes run up to a hundred million dollars we are liable not to realize how large a sum a billion dol-lars really is. It would take an expert counter, working eight hours a day, over one hundred years to count a billion silver ■dollars. A billion dollars in twenty dollar bills would make a pile 13,750 feet high. What is all this money used for? The expenditures may be classed under three general heads: Postal Service, $225,000,000. Military Service, $500,000,000. Other Government Service, $225,000,000. The largest appropriation for a single department was that for the post office. The postal service is one of the greatest utilities which the government gives to the people and one which the peo-ple can appreciate every day. The post offices scattered all over the land turn into the postal department a large revenue each year but it is not sufficient to run the service. The quarter of a billion dollars is disbursed through many channels. The sal-aries of postmasters, clerks, carriers and messengers total in the millions. The railroads come in for a large amount for carrying the mail. The rural delivery was established in recent years at a cost of about $25,000,000. A bill was proposed at the last Congress to establish a rural parcels post, but it was not passed. The most significant feature of the appropriations during the year is the great amount of attention that has been given to the building up of the military branch of the government. The ex-penditures for the army and navy, if we leave out of account the years when the country was engaged in war, have been the larg-est in the history of the country. The army was granted $95,- 10 THE MERCURY. 000,000; the navy, $123,000,000; the amount $163,000,000 for pensions should be included. The remainder of the half billion dollars is spent for fortifications, military and naval academies, soldiers' homes, arsenals, armories,'navy yards and numerous other things of a similar nature. The total expenditures for military purposes, direct or indirect, is truly a colossal sum when we bear in mind that our standing army today is not over 70,000. The sending of our fleet around the world is an event in history—an event which cannot fail to have a good influence. While we may be a peaceful nation, it will show that we have strength enough to protect ourselves in time of trouble. Some people think that our navy is too large. They say that our ships have nothing to do and then they get into trouble as in the cap-turing of the Philippine Islands. The remaining quarter of a billion dollars goes for a great number of things. The Agricultural Department, the Diplo-matic and Consular service, the Indian Bill, the different bu-reaus and public works are all included. We have seen where the money goes. Now, where does it come from? The revenues of the government amount to about $800,000,000 and this will leave a deficit of about $200,000,000. The treasury has a surplus of $250,000,000 to meet this. If this is not sufficient bonds can be sold. The Speaker of the House and the House itself keep restrain-ing hands on the extravagant tendencies of the varioifs commit-tees. The tendency of Congress to spend money is increasing at an appalling rate. The money appropriated by last Congress would have run the government during the decade ending 1896. These periods are both far enough removed from the Spanish War not to be materially affected by it. The world has advanced and moved forward since 1896, but not to such an extent as to warrant the rate of increase of running the government. There seems to be a leakage somewhere. Congress should remember that even a million dollars does not flow into the treasury of its own accord but it is pushed in and that as a result of the sweat of many brows. This does not mean that a narrow-minded policy should be adopted. The American people are willing to pay well to keep their country in the front ranks of the army of THE MEKCUEY. 11 progress. The last Congress has made a record in appropriating, public money and it is up to Congress to make a record in the-spending of it. OUR LITERARY SOCIETIES II—PHRENA. N the account of Philo which was published last month we find much that is very similar to the history of" Phrena The Phrenakosmian Literary Society was founded Feb. 4th, 1831, in Linwood Hall. At the second regular meet-ing a constitution and by-laws were presented and adopted. We are fortunate in having the original copy in an excellent state of preservation. Although frequently modified and amended, this historic document retains its original and noble spirit. The whole aim of its authors and zealous defenders is admirably ex-pressed by this, the motto of the Society: Kocr/m T/iv peva. There also exists the minutes of all the meetings that have been held since the Society was organized. These also have been well cared for and may be found among the treasures of the li-brary. As for Phrena's library, it can be said that it contains 5,845 volumes, which are the results of the energetic exertions of our members. Various catalogues of these books have been made for the use of our members, but most of them are not suitable for reference work. The Society is now indebted to George Heintz. '09 for a complete card index of the library. This not only en-hances the value of the present, collection of books but insures to us the proper recognition, care, and usefulness of any works we may add. Other property of value has accrued to the Society. In 1837r when Phrena was given a large and convenient room in the new college building (Old Dorm.), efforts were immediately made to secure suitable furniture. Here again the characteristic as-siduity of Phrena's members was triumphant. Improvements have been made from year to year, and the present beautiful ap-pearance of our hall furnishes sufficient evidence of the energy 12 THE MERCURY. as well as the taste of those by whom it was accomplished. The-present apartment in Eecitation Hall is elegantly furnished. Busts of Franklin, Webster, Cicero and Demosthenes have appro-priate places on the walls. The walls are also decorated with portraits of those Phrenakosmians who have done honor to their Alma Mater by becoming capable to hold professorships in our college. The Society has helped men individually, and has contributed much to the health of college spirit. A literary contest in which much spirit is shown, is held each year, with our sister society, Philo. Formerly it was the custom of the two societies to join at commencement time and be addressed by an honorary mem-ber of each society, alternately. In earlier years, of those be-longing to Phrena, and Eev. E. J. Breckenridge, D.D. officiated in 1842, Eev. T. H. Stockton, D.D. in 1844, and Eev. George B. Cheener, D.D. Much time and labor could be spent in arranging the inter-esting events of Phrena's history, but the space on these pages-does not permit the presentation in detail of very much con-tained in the Society's records. Suffice it to say, the work of those who have gone before should be gratifying to us as presag-ing that like privileges and honors are in store for their succes-sors. With the same noble aspirations and unalterable determi-nation let us be true to our literary societies as were those who have gained so much by supporting them. At present, Phrena is wide awake, doing excellent work and living true to the spirit of her fathers. THE MEECUEY. 13 WHY IS GETTYSBURG NOT WEALTHY ? N. G. PHILLIPY, '09. N" treating this question we will consider the people as a whole, taking as broad a view as possible under the cir-cumstances. According to Webster, wealth means large possessions, opulence, riches. Of course we could not compare Gettysburg with a large city and expect the same amount of wealth, but should more properly compare it with smaller towns of its own size. One of the foremost reasons why Gettysburg is not wealthy is the lack of industries conducted on a large scale. We find no shops or anything of a like nature whereby the owners or entre-preneur can amass a fortune. The ordinary workman cannot collect a fortune as nearly all his wages are used to support his: family. As a rule where there are no large enterprises located we find little wealth. It is true the location of the town geo-graphically may be accountable for the lack of industries, but this does not demand consideration under the present question. The lack of employment for men accounts for the slow in-crease in population. An increase in the value of land and property depends largely upon an increase in population and as the values of each remain nearly the same from year to year, speculation and investments in this line are unprofitable and unremunerative in Gettysburg. The country surrounding the town is not so very fertile and agriculture is not as productive as we find in many other locali-ties. Very few agricultural products are put on the market by the farmers near the town in any great quantity. We do not find minerals profitable for mining in the neighboring localities so very little shipping is carried on. 'Eailroads depend on freight for their profits and when there is little transportation railroad facilities are usually poor. Being located inland the people have not the opportunity to carry on markets or any other pursuit which water affords. The people themselves, have a great influence on any town. If we make a careful study of the people and their pursuits we have partly, at least, the solution of our problem. In our study 14 THE MERCURY. we must take into account their likes and dislikes, their desires,, their ambitions and their doings. The people as a whole are of a retiring nature. There seems: to be little greed for money and little ambition to amass a great, fortune. Each individual is actuated by a desire to live com-, fortably and save enough to keep himself and family during old age. Judging from appearances everybody is contented and happy, a condition which is proof of the statement that the de-sire for riches is lacking. We find the population as a body, industrious, being em-ployed at different occupations. An unusual number are en-gaged in educational work who labor more for knowledge and the pleasure afforded thereby, than for the money received for their work. It is natural in a college town to have cultured people. Peo-ple of culture and refinement have their surroundings fashioned after their ideas and influence the whole community. This class has certainly added much to the community. The battlefield also attracts many well-to-do people who come here to. live a retired life and to enjoy the beautiful surroundings. In Gettysburg, if a man is not engaged in educational work, he is in sympathy with it and usually formulates his opinions accord-ingly. In conclusion, the people are interested in their personal welfare, mentally as well as physically, and do not have the de-. sire for great wealth as their sole ambition. THE JIEUCURY. 15 THE JUNIOR "PROM" SOCIALLY CONSIDERED. CLL consideration of the social significance of the Junior Prom naturally involves a taking into account the general social life of the college community. For it is obvious that the character and tone of this annual function must, to a large extent, be determined by the social life as it is developed throughout the year. And since the Junior Prom is just in its infancy,—in its formative period,—this pa-per shall be both critical and suggestive. The social life of our college seems to be the characteristic so-cial life of colleges in general. It is very different from the so-cial life that existed in earlier years of the college. New condi-tions in the social structure at large, together with the increased number of students, have all contributed to the existent social status in the college community. The present exclusive tenden-cies in modern family life, unknown to our forefathers, cannot fail to produce like tendencies among a body of students; the social product developed in our college is, in short, but an out-growth of the existing trend of home life. Though the number of students in any one college is really small, when compared with the number enrolled in a modern university, yet it has grown so that no longer can the authorities of even the small college boast that theirs is the privilege of easily acting in loco parentis, and of forming with the student body a well regulated family. Instead of one united family, thoroughly democratic in its workings and with a reasonably common purpose and as-piration, the student body has been organized by the fraternity into many little families, each with its distinctive membership making of paramount importance the promotion of its own inter-ests and those of its individual members. The college authori-ties have, in other words, failed to meet new conditions by their failure to provide a sane and invigorating college family atmos-phere for the student to grow in, and it should not be surprising, therefore, that the students have themselves provided their own substitute, inferior though it may be. The fraternity is not lacking in provsions for the diversion of 16 THE MERCURY. its members. Numerous social events are held during the year, and occasionally an inter-fraternity function is arranged. Be-tween the members of this organized portion of the student body, who are thus frequently brought together, there naturally is formed a rather strong attachment. But how about the unorga-nized portion, which is comprised, for any one of several reasons, of the men whom the fraternity has not attracted? The social opportunities of most of these men are not only more limited, they are also more individualistic. That there should be a cer-tain divergence, therefore, between the fraternity and non-fra-ternity element is not to be wondered at. The Junior Prom is a step in the direction of preventing this divergence. Every element in the student body is to be repre-sented as far as possible on a common basis. The possibilities of general good fellowship are on this occasion to be fully pre-sented and fostered. Men who are seldom to be found in com-pany of their fellows in a purely social way are to find in the Junior Prom an opportunity of seeing what such commingling means for a man and for the community. Men to whom this is not a new experience are to find pleasure in assisting the unini-tiated over the stony places. The realization of all this could not, of course, be expected in the two times in which the Junior Prom has been held. Indeed it may require several more years to accomplish the desired re-sults. It seems very apparent, however, that tendencies point in the right direction. Last year's Prom marked an improvement over the first, in that dancing was not the exclusive feature of the occasion. Provision was made, though not of a sufficiently definite and attractive character, for those who do not dance. This is not passing judgment upon dancing as a means of di-version; it does mean to imply, however, that to allow dancing or any other form of diversion to become the exclusive feature of a social event indicates a distortion that cannot fail to prove exceedingly narrowing. It implies, too, that it is altogether un-fair to expect those who do not dance to attend an affair which provides definitely only for those who do dance, and which gives dancing such predominant or exclusive place that real com-mingling is impossible. Dancing has become such a mighty factor in the social life of young people everywhere that it is not THE MERCUttY. 17 surprising that it has gained a considerable foothold in our col-leges, but to permit it to have the ascendency at an event, such as the Junior Prom, which contemplates the presence of a large number who do not dance, shows great inconsiderateness and means the blasting of the real significance of the Prom. The far-reaching influence of the Junior Prom, properly regu-lated, can hardly be appreciated at this early stage in its evolu-tion, but to behold its possibilities along the lines indicated should be sufficient to impel us to assist in its proper develop-ment. A. ± A BIOGRAPHY OF SCHILLER. MISS- MARY BAUSCH, '11. JOHANJST Christoph Frederick Schiller was born at Mar-bach, in Wurtemburg, Germany, Nov. 10, 1759. He was the only son of Johann Casper Schiller, an officer in the Wurtemburg army, who held an inferior position in the Duke of Wurtemburg's household. The elder Schiller is was a man of great strength of character. To him Schiller is indebted for his firm and positive traits. His mother, Elizabeth Dorothea Kodweis, the daughter of an innkeeper at Marbach, was just the opposite of her husband in temperament, of strong yet gentle demeanor, full of simple charm and wisdom. We can see deep traces of this mother's sweetness and gentleness in the life of the gifted poet. Schiller did not find it easy to choose a profession. He first attended school at the village of Loech, where influenced by Par-son Moser, his teacher, he prepared himself for the clerical pro-fession. These plans were thwarted by the Duke of Wurtem-burg. He next entered the public school at Ludwigsburg. At the age of fourteen, he became a student at the military academy near Solitude Park, Ludwigsburg, the Duke wishing to have his services for the state. There he pursued the study of law, which was very repugnant to him. After two years had passed he 18 THE MERC PET. gave this up, and began the study of medicine, and was subse-quently appointed regimental surgeon. During this time, however, he was engaged in. the study of lit- 'erature. He was especially fond of the classics and became very proficient in Greek. His knowledge of Greek philosophy is ap-parent in his writings. His first work of note, "The Eobbers," he completed before he was twenty-two years old. Schiller pro-tested in this work against the restraints which he felt the Duke had unjustly forced upon him. Fearing the Duke whose wrath he had thus kindled, he fled to Mannheim. There he passed through many hardships, one reverse of fortune followed an-other. But still he continued to write. Schiller's first play in verse was "Don Carlos,'"' which was pre-sented at Hamburg in August, 1787. The Duke of Weimar, whose interest had been aroused in the young poet, made him one of the counsellors of his court. Upon his arrival at Weimar, Schiller was introduced to Goethe. This acquaintance subse-quently ripened into a close friendship. Early in December, 1788, Schiller's "History of the Eevolt of the Netherlands" was published. This work brought the best results, financially, which he had yet received. It not only had a rapid sale but it aroused the attention of the intellectual world. Through the influence of Goethe, he was offered a professorship in history at the University of Jena which after some hesitation he accepted. On Feb. 22, 1790, he was married to Charlotte von Lengefeld, a most admirable woman who aided him greatly in his life work. A very busy life opened to Schiller while at Jena. It was not unusual for him to spend fourteen hours daily in lecturing and writing. But the strain of such heavy work was too great for a man so delicately constituted as Schiller. A dangerous pulmonary dis-ease overtook him so that he was forced to give up his position as instructor in the university. Then through a generous gift he was enabled to revisit Wurtemburg, where he remained almost a year. In May 1794, he returned to Jena much improved in health although never again entirely well. The period between 1796 and 1800 was especially rich in lyrical productions, of which "Der Taucher," and "Das Leid von THE MERCURY. 1$ der Glocke " aTe prominent. The latter has been considered the best known of Schiller's poems. It deals with the most dra-matic events in the life of man. His great works, "Wallenstein" and "Maria Stuart" followed in close succession. Next came "Die Jungfrau von Orleans" in 1801, "Die Brant von Messina" in 1803, and "Wilhelm Tell," the last and perhaps greatest of his works, in 1801:. In this last great tragedy, Schil-ler portrays with wonderful power the Swiss resistance to tyr-anny. He causes the leader, Wilhelm Tell to stand elevated as a national hero. In all his writings, Schiller's love of liberty and hatred of despotism is manifest, but in none so much as in Wilhelm Tell. Schiller had now reached the zenith of his glory. His man-ners and appearance had improved. The timidity and conscious-ness of youth was replaced by the dignity and ease of more ma-ture years. He was overwhelmed with public honors and enthu-siastically received everywhere he went. But alas, when prosperity and fame seemed permanently se-cured to him, the dread disease which had undermined his health again overtook him. He endured this last trouble with great fortitude; though he had to pass through many trials yet his spirit seemed as it were to soar above them all. He continued to work until at last, his weakened powers being overcome, he passed away on May 9,, 1805, at the age of forty-five. The news, of his death brought universal grief to Germany. 20 TKE MEKCURY. CULTURE'S DISTRESSING FOE. G. E. WOLFE, '09. UST as men err in making happiness a distinct end, so do they err by putting culture in a similar position. And just as they deceive themselves by trying to pro-cure happiness as they would some commodity, so they deceive themselves by like attempts to gain culture. Life would indeed be a barren thing, if it were not enriched by our capacity for happiness and culture, but it is worse than barren where there is a false conception of these enrichments. That culture should be perverted to such an extent that men would make it a fad, seems almost inconceivable, yet that is what the intellectually curious and the socially idle made it some twenty years ago. What abhorrence must have been aroused in all who possessed true cultural instincts! For a fad is always a sham—a gross perversion—and a sham in the world of art ox-literature begets a peculiar offensiveness and hatred. The short-cut, superficial methods employed in pursuing this culture fad must have been entirely detestable to all serious-minded and sin-cere people. Could it be otherwise, with genuine culture possess-ing the rich qualities of ripeness and maturity in taste, intellect and culture ? How crude and defective the sham in the presence of the real! But this perversion, while more pronounced at certain periods, lias not been confined to one or two decades. Haste and arti-ficiality have always been employed by men, in their eagerness to possess the charming ripeness and greatness of soul which mark the truly cultured man. Recent years, however, have de-veloped a new condition, the recognition of which requires no unusual insight. There has developed a foe to culture which is distressing, not simply because it is aiming at culture by per-verse methods, but because it is entirely at variance with true cul-ture and lias so widely disseminated its influence that one may rightly inquire whether the true cultural instinct will not even-tually be quenched on account of it. "Smartness" is not a modern product by any means, but never has it captivated a people as it has the present generation; never THE MERCURY 21 has it held such predominant sway. Strictly speaking this spirit belongs to the world of mediocrity, but so important has it be-come that it claims recognition as the "real thing" from alL We have our so-called "smart sets," but the spirit of smartness in these days finds fruitful soil among all classes—as well among the wealthy as among the not-rich, as well among the intelligent as among the unlettered. And it is this, we believe, that today constitutes culture's distressing foe: it is this that makes impera-tive the loud calls, "Let Us Go Back"—in the direction of "The Simple Life." Not that there are no more who possess true culture, or who are eager to possess it. There are such indeed, but so effectually has the "sporty" microbe been doing its work in the rising gen-eration, that quiet people have well-nigh been driven to despera-tion, those with undeveloped cultural instincts have been tainted or entirely diverted and others never get a desire for cultural pursuit at all. One does not have to be a pessimist to be conscious of the fact that it is the fashion for everybody to be gay; that we are all called upon to persevere in a gala atmosphere. From the ex-treme solemnity of bearing that characterized our forefathers we have swung clear to the opposite extreme. It is impossible not to come in contact constantly with the cheap jargon that is everywhere afloat; with the lightness, cyni-cism and insinuation of immoral sentiment which marks the con-versation of popular young people. Fashionable clothes and jaunty manners never played as prominent a role as today. Plain, unassuming people, to whom this pertness and super-, ciliousness is extremely repulsive, are wondering when there will \ be a reaction toward the sane and rational. Surely the reaction-must come, and parents and educators have no more important duty before them than to seek to obliterate this spirit of sm^rt-. ness. THE MEECUEY. THE ECONOMIC ASPECTS OF THE LINCOLN ROAD. G. L. KIEFFEK, '09. JJST order to consider this subject properly, we must first inquire into the nature of the proposed "road." There-fore, briefly, "The Lincoln Eoad" is a proposed na-tional memorial to Abraham Lincoln. The "road" is to be a grand boulevard joining Washington, D. C, with Gettysburg, Pa. Its two hundred feet of width are to be occupied by green-sward plots, hedges, and trees, a speedway for automobiles, a driveway for carriages and wagons, two double-tracked electric railways, the one for express trains and the other for local trains. The very nature of the proposed "road" declares that it shall be equally open to both the rich and the poor. This being true it will be the means of bringing to Gettysburg, for at least a day, many of the hundreds of thousands of tourists that annually visit Washington. Hence with all this traffic, the very "road" itself might become an economic asset to the United States gov-ernment. To accommodate these people appropriate hotels would have to be maintained in Gettysburg. The present hotels and restau-rants would have to be renovated and enlarged. New ones also would have to be erected. A higher standard would be the order of the day for all Gettysburg hotels when official Washing-ton would be in the habit of paying them a visit at almost any hour. To meet this increase of business occasioned by the influx of people, Gettysburg herself would have to grow and increase the number of and enlarge all her business places in whatever line they might be. Naturally all property in Gettysburg would increase in value as would also all the property along the "road" from Washington to Gettysburg. To compete with the travelling facilities which would be af-forded by the proposed "road," the facilities of the present rail-roads would have to be bettered and new roads would be built— both electric and steam. All eyes would naturally be turned towards Gettysburg, which THE MERCURY. 23 with its historic surroundings, beautiful scenery, and medicinal springs, would naturally be expected to become the greatest sum-mer resort in the United States. The character and number of tourists would necessitate gov-ernment control of all guides. Thereby would undoubtedly be obliterated the blot of blots found upon the world. With gov-ernment control of all guides the tourists would be guaranteed just and equal treatment. For the guides themselves, better days would result. To Gettysburg's educational institutions would come greater publicity and a better appreciation of these institutions' rare sur-roundings. The result would naturally be manifested by an in-crease in the student bodies and an enlargement of the institu-tions themselves. All this resulting from the proposed "Lincoln Way?" Yes, more. With it connected to Gov. Stuart's proposed highway from Philadelphia to Pittsburg, "The Lincoln Way" naturally would become the backbone of a national highway system extend-ing all over the country. Then would all roads lead to Gettys-burg, which would be, in fact, the shrine of American patriotism, the Mecca for all Americans. THE "INDIAN STEPS." E. C. STOUFFER, '11. HE immense dam of McCalPs Ferry Power Company is nearing completion. As a result the slowly rising waters of the Susquehanna river are gradually cover-ing up one of the oldest and most noted landmarks of south-eastern Pennsylvania. The old "Indian Steps" are artificial shelves, cut no doubt, by means of stone hatchets into the face of a large round-pointed rock, which juts out from the west bank of the Susquehanna river. They were cut by the North American Indians possibly centuries before the discovery of America. These steps were used by the dusky inhabitants as a place on which to stand and dip the shad as they crossed the rapids on their annual journey 24 THE MERCURY. to the spawning grounds in the upper Susquehanna. Since the settlement of the country the white man has for generations used them for the same purpose. So far-famed were these steps that the Indians from the North, South, East and West came here to fish. Only the strong, vigorous and daring could fish from this rock for only such were able to endure the chill damp night winds which frequent the lower Susquehanna. As each contestant ap-peared a chalk mark or number was placed on his hat to desig-nate his turn. When his name was called he took his place, tied himself to a ring in the rock and cast the net. Each one was ■compelled to take his catch and be content. If there were a goodly number of shad, all was well; but if it proved to be a small catch he had to go away heavy hearted and take his place in the waiting line again. Year after year from these rocks hundreds of these daintiest ■of all fishes have been caught, some to grace the humble board of ■a poor riverman, some to please the fastidious taste of a city epicurean. The land around the "Indian Steps" was originally occupied by the Conestoga Indians and was preserved for them by the first proprietors of the state. Even Maryland, which was attempting to push her lines farther and farther north, respected the rights of the natives and made no attempt to appropriate this section. 'The land was held for the Indians until August 26, 1786, when a deed was granted to Joseph Eeed on condition that the "Indian Steps" should be preserved for a fishing place for the poor of the community. This charge has been faithfully kept until now. A few months more and the old landmark will have passed away and forever this curious specimen of Indian art will be lost to Pennsylvania. THE MERCURY. 25 THE INVESTIGATION OF THE FARMER; WHAT IT IS LIKELY TO BE WORTH. MISS HELEN H. BRENNEMAN, '08. EVEEAL months ago when President Roosevelt ap-pointed a committee to investigate the condition of the farmers throughout the country, it provoked quite a little amusement on the part of some people, while on the part of others it aroused sarcasm and anger. Many people regarded the President as a "busy-body" and failed to recognize the real aim in his interest in the farmers' condition. Never before has there been a man at the head of the nation with such broad and liberal views and one who has put forth such strenuous efforts in behalf of all kinds and classes of peo-ple. And it was such a motive that prompted him to take this action. The scope of this committee's work is not to ascertain the technical methods of farming and to inquire into personal matters, but to find out what are the general sanitary, social, educational and economic conditions of country life, to find out what is needed, what improvements can be effected, and in what way the government can help them. The commission was confronted with a task not only wide in its scope but comprising a large territory, and many people were to be dealt with. The President suggested that the farmers be called together in convenient meeting places for discussions, and that the members of the commission try to get in the closest touch possible with them and find out their needs. The commission has sent out circulars to professional men, business men, farmers and many others. These circulars con-tain a list of twelve questions with respect to the public schools in the vicinity and their efficiency; whether the farmers get rea-sonable returns from the sale of their products; whether they have good railroads, highway, telephone and rural postal service-accommodations ; whether there is a sufficient supply of labor in the neighborhood. These questions show what the commission are seeking to find out. It is their desire not only to ascertain the conditions but to get opinions and suggestions as to what needs to be done. Now the question arises, "What is the investigation likely to 26 THE MERCURY. be worth ?" In the first place it is very evident that almost the entire success depends upon the attitude of the people. If they continue to take it as a joke or with a feeling of animosity, cer-tainly the progress of the commisison's work is going to be checked and its ultimate success doubtful. However Dr. Bailey of Cornell University, the chairman of the commission, says that the public interest is increasing as the people come to under-stand the commission and its work. These words are encourag-ing and indicative of a very likely success. If this investigation is going to amount to anything, there must be co-operation of the people, especially of the farmers for whose benefit these efforts are being exerted. In a recent mes-sage to the commission the President said, "It is esssential that the farmers, the men who live on the soil should feel a sense of the ownership in this commisison, should feel that you gentle-men in very truth represent them and are responsive to their de-sires, no less than to their needs." If this committee receives the support of the people, it should effect some good results. There is a larger percentage of per-sons engaged in agricultural pursuits than in any other occupa-tion and it is only just that more attention should be given to their needs. The demands for better highways, better railway and trolley service are being universally agitated, and surely the commis-sion will concentrate, its efforts towards their accomplishment thus increasing the facilities of the farmer for better profits. At the Farmers' Convention held in Madison last October scientific crop raising and the need of teaching agriculture in the schools were among the principal topics approved by that orga-nization. It is just as essential that agriculture be taught in the rural schools as manual training and trades in the city schools. Here again if such a desire could be met by the gov-ernment it would not only benefit the farmers economically but the nation also. It remains to be seen just what this investigation will amount to, but nevertheless we can surmise that the educational advant-ages in some districts will be improved, that there will be bet-ter facilities for the transaction of business and that the social, educational and economic conditions will be bettered. T H E HERCURV Entered at the Postoffice at Gettysburg as second-class Matter. VOL. XVI GETTYSBURG, PA., DECEMBER, 1908 No. 7 Editor-in-Chief Assistant Editor P. F. BLOOMHARDT, '09 CHARLES F. V. HESSE, '09 Exchange Editor Associate Editors H. REY WOLF, '09 SAMUEL FAUSOLD, '10 Business Manager EDWARD N. FRYE, '10 CHABLES L. KOPP, '09 Advisory Board Ass't Bus. Managers PROF. C. F. SANDERS, A. M. G. U. KNIPPLE, '10 PROF. P. M. BIKLE, PH.D. PAUL S. MILLER, '10 PROF. C. J. GRIMM, PH. D. Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance ; single copies 15 cents. Notice to discontinue sending THE MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contri-bute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE MERCURY, GETTYSBURG, PA. such is often the case. EDITORIALS. THE question has often been asked how a small college, with a limited number of students and a corresponding limitation of tal-ent can successfully conduct nearly as many student enter-prises as the larger univeristies— and conduct them, too, in such a way that they frequently rival similar organizations in their larger sister institutions. But Our own college may be taken as suffici- "28 THE MERCURY. ent proof. Our five varieties of athletic teams, our three publi-cations, two literary societies, debating and oratorical teams, musical clubs, and dramatic society, etc., have often been re-spected rivals to similar teams of other and larger schools. But the mere fact of the numbers of these enterprises does not neces-sarily have to affect the quality of the results accomplished. We are inclined to think that men with just as great ability and as large capacity for work are to be found in the smaller college as in the larger ones,—not as many, to be sure, but the ratio is about the same. Furthermore, the smaller college offers oppor-tunities to every one of such calibre, while in the larger schools, •only a comparatively few can take part. LAST year Gettysburg was disappointed in not being enter-tained by her dramatic society, the Mask and Wig. Presumably this was due to the lack of time for rehearsals. Nevertheless the loss was felt. This year it has been decided that no musical club trip will be taken. It has been suggested that the time, talent, and energ}', usually devoted to this organization be turned into another channel; that is, into the perfecting of a good play or minstrel show which might be allowed to take a trip, similar to the Triangle Club of Princeton. IN a few days the first term of the present collegiate year will be closed. After an arduous week's work in examinations, the Christmas vacation will be the more appreciated and enjoyed. Its rest and pleasure has been anticipated by all, but especially has it been longed for by the Freshmen. Christmas has been written about so often, and from so many different viewpoints, that little that is new is left to say. To the college student it is a joyous season to be looked forward to, but in its actual enjoy-ment, he no longer thinks of college and its surroundings for it is a vacation season at home. So, with its last issue for 1908, the MERCURY wishes all its readers a Merry Christmas and a Happy New Year. THE MERCURY-. 29 BOOK REVIEWS. INDER the Crust, by Thomas Nelson Page, Phrena. This volume is composed of original stories. Each story has a philosophical side. They were evidently written to stimulate thought and the author has succeeded admirably. One of the stories, "A Brother of Diagones" is especially commenda-ble. In this story, great wealth is pointed out as a stumbling block rather than an aid to happiness. The simple life, too, is contrasted to the hustle and bustle of the metropolis. Other stories of the volume effectively contrast altruism and egoism. The Biography of Thomas Jefferson, by John T. Morse, Phrena. This biography is very impartially written. The au-thor gives us the facts indulging in neither unmerited praise nor criticism. He seems to have an insight into the man's very nature and thus vividly portrays the actions of the statesman both at home and in the blaze of public life. The biography not only enumerates the achievements of Mr. Jefferson with their causes and effects but also those of contemporary statesmen. The biographer shows Mr. Jefferson as a visionary, shrewd politician and a far-sighted statesman. The book is very readable and valuable. Tides of Bamegat, by P. Hopkinson Smith, [Philo 11:6.] This is a book which one can scarcely afford not to read. It presents a very impressive picture of life. It is an account of how one member of a noble and respectable family brought shame and disgrace to the family name There is seen the secret sufferings of the sister through false modesty. Her life would have been made happy indeed, if she had only opened her heart to her lover. It shows how one sister may give advantages and culture to another and instead of receiving gratitude, have her head bowed in shame while the other, seemingly soulless, is not af-fected. There is also brought out the yearning and love of a father for his son whom he has driven from home in a fit of anger for the evil he has done when he refuses to do right. The story is somewhat overdrawn, but otherwise one can find no fault. It is nevertheless very instructive. Although somewhat tedious at times it is generally interesting. The language is clear and wholesome. The Brass Bowl, by Louis Joseph Vance, [Philo, 11:8.] The so THE MEECURY. title of the book is somewhat fanciful as the bowl has practically the least connection with the story. Anyone wishing to read a book for entertainment and recreation will find this romance suited to his purpose as it is very interesting, simple and full of action. The thread of the story seldom breaks and the climax is near the end. The reader will be pleased with the happy ter-mination. No characters are used except those which are neces-sary to the plot. The principal parts are played by persons of high social rank, and they seem to be somewhat magnified. There is no place in the book that is tedious. The narration is clear, animated and well balanced. The language is simple and vigorous. The author has handled 'the plot very well. He shows broadmindedness, independence, the possession of a vivid imagination and a pleasant sense of humor. He has an ac-quaintance with high social life. The reader will be very much pleased with "Mad Maitland's" spirit as he makes his wild flights and also with Miss Sylvia Graeme who comes into Mait-land's life in a very peculiar way. EXCHANGES. JE are glad to have with us again most of our old ex-changes. There are a few that have not arrived yet. We trust that all will soon respond. It seems necessary again to call attention to the con-tent of the MERCURY. The MERCURY, we are trying to make a literary journal, and not a paper combining literary, athletic and the other departments of college activities. The "Gettysbur-gian," our weekly publication, contains the news of the various departments of college life. Among the good things in the "College Student" we would call attention to "Lowell's 'Biglow Papers'" and "Eelation of Diction to Character." The former is a critical essay which brings to notice many interesting facts concerning this import-ant contribution to American literature. The latter shows how the ideals and characteristics of the individual are reflected in hie writings. THE MERCURY. 31 We are glad to welcome "The Thielensian" to our exchanges. In the article entitled "Greek and Eoman Influences" the writer reminds us of some of the beauties of Athens and Borne. The beginning of philosophy was in Greece. Then from the Eomans we can learn the lesson of patriotism. Their motto was, "Dulce et decorum est pro patria mori." The Eomans understood mili-tary matters, and we can also learn much from their sculpture and architecture. "Luther in the Eeformation" is also worthy of perusal. The character sketches of Taft and Bryan in the "Otterbein Aegis" are brief but very interesting. We all admire the teachings and doctrines of Socrates, the great Greek philosopher. He busied himself by trying to teach men the truth, and even though he greatly emphasized truth, he was especially eager that men should become happy and useful citizens. To be a good citizen he regarded the "summum bonum" of the individual's life. Indeed in our present age of political corruption, we can not over-emphasize high ideals of citizenship. "Making an American Citizen" in the'Thiloma-thean Monthly" presents this subject in a forceful manner. The writer gives some qualifications of the ideal American citizen. First, he must exercise the right of franchise. It is not only his right, but his duty, to vote. Secondly, he must vote intelligently and not allow himself to be bribed by a paltry farthing. Again, he must be a doer, and not depend upon party leaders. And lastly he must have strong moral convictions. As to the prob-lem of attaining this ideal, the author says, "If I were to offer a solution of this vital problem, it would be: the continual, untir-ing moral and civic training in home and school." All scholars have more or less knowledge of epic poetry. They all know something of Homer's Iliad and Odyssey, Virgil's Aeneid and Milton's Paradise Lost, but often the epics of less renown are neglected. "The Sketch Book" contains an article entitled "Sita," which tells us of India's epics. The Eamayana and the Mahabharata are India's chief epics. "Sita" is the im-portant character in the Eamayana. She is to the Eamayana what Helen of Troy is to Homer's Ilaid. The article gives a brief summary of the epic and closes with a few ethical com-ments on the character of "Sita." 32 THE MEKCUKT. We wish to comment on two articles in the "Albright Bulle-tin." "The Character of Satan in 'Paradise Lost,'" and "Work; Man's Opportunity." The writer regards Satan as the princi-pal character of the epic, and speaks of him from that stand-point. In the latter essay, we have a very practical exposition on work and its blessings to the individual. Lovers of German literature will find pleasure in reading "Two Representatives of German Epic and Lyric Poetry" in the "Lesbian Herald." Of our High School exchanges, the "Eed and Black" (Read-ing High School) deserves special mention. The departments are well represented and as a whole the paper makes a pleasing appearance. We gratefully acknowledge the usual exchanges. "PXYK iKT2« r>rv. M3VSUT13ER5. There's no pen that gives such all-round satisfaction i Conklin's Self-Filling Fountain Pen. It's the best pen for College Men. When an ordinary fountain pen runs dry in the middle of a word, it means you've got to stop right there, hunt up a rubber squirt gun, fill your pen to overflowing, clean both pen and dropper, wash your hands, and then endeavor as best you can to collect your lost Crescent f'f train of thought. It's different with Filler Jr-l 9 FILLING "THE PEN WITH THE CRESCENT-FILLER" To fill, iust dip it in any ink, press the Crescent-Filler, and the Conklin is filled and ready to write instantly. You can't over-fill it. Hence no inky fingers, no loss of time, no ruffled temper. The feed of the Conklin is No waiting for ink to come—no jerking—no slips, blots. ng dealers handle the Conklin. IE yours does not, order direct. Look tor the Crescent-Filler and refuse substitutes. Prices, $3.00 and up. Send at once (or handsome new catalog. T3E OOHZLIH PEH CO., 31 Itiahattsn Bnildiag, Toledo, Ohio. PATRONIZE OUR ADVERTISERS. FUfOTTUfjE Mattresses, Bed Springs, Iron Beds, Picture Frames; Repair Work done promptly. Under-taking a specialty. - Telephone No. 97. 3=3L ZB_ 23eri-d.ex, 37 Baltimore Si., *-tttt/xhurg;, FA EDGAR C. TAWNEY BAKER West Middle Street. J. B. WINEMAN, DEALER IN CHOICE FAMILY GROCERIES, PROVISIONS AND FRUITS, BOARDING CLUBS A SPECIALTY. SUNDAY SCHOOL LESSON HELPS AND SUPPLIES, P. ANSTADT & SONS, Publishers, Book and Job Printing of all Kinds ttrtte for Prices. YORK, PA. ■> PATRONIZE OUR ADVERTISERS. EMIL ZOTHE ^MEMS ENGRAVER, DESIGNER, AND MANUFACTURING JEWELER 722 Chestnut St., Phila. SPECIALTIES : MASONIC MARKS, SOCIETY BADGES, COLLEGE BUTTONS, PINS, SCARP PINS, STICK PINS AND ATHLETIC PRIZES. All Goods ordered through G. F. Kieffer, CHARLES S. MUMPER, MtKALER MJV TTTTTS "KFTTTTT? 15! PICTURE FRAMES OF ALL SORTS * W *■*" * * *» *fc*Hf REpA|R WORK DONE PROMPTLY I WILL ALSO BUY OR EXCHANGE ANY SECOND-HAND FURNITURE NO. 4 CHAMBERSBURG STREET, GETTYSBURG, PA D. J. SWARTZ DEALER IN COUNTRY PRODUCE, GROCERIES, CIGARS AND TOBACCO. GETTYSBURG. SHOES KEPA1UHI> —BY— 115 Baltimore St., near Court House. GOOD WORK GUARANTEED. -IS-Your Photographer ? If not, why not? 41 BALTIMORE ST., GETTYSBURG, PA. 8EFT0N I FLEMMING'S LIVERY, Baltimore Street, First Square, Gettysburg, -Pa. Competent Guides for all parts of the Battlefield. Arm »» Filbert St. A convenient and homelike place to stay while in the city shopping. An excellent restaurant where good service combines with low prices. ROOMS §1.00 PER DAY AND UP. The only moderate priced hotel of reputation and eonsequenee in > 3Pla.ila.cLe2pla.ISL • » J 1 i SQ *. • • » ,atindry . . OF YORK . . Offers tfte COLLEGE STUDENTS first-dass work; at Special Low Prices. E. C. STOUFEER, Local Agt. C. D. SMITH, Prop. MEANS TASTY WOEK SAEEFULLY DONE. MfcNU CARDS. LETTER HEADS, WINDOW POSTERS ENVELOPES, DANCE CARDS TICKETS, Programs of all kinds. Everything the College Man wants in Paper and Ink. Specially designed work. Latest Effects in Paper, clone in Colors along lines of College Men's Associations. Catalog and Book work. The Gettysburg Compiler will keep old and new students in touch with town and college life. HELP THOSE WHO HELP US. The Intercollegiate Bureau of Academic Costume. Cotrell & Leonard, ALBANY, N. Y. ™2li2^! CAPS AND GOWNS To Utttyi-buri? College Lafayette. Lehigh. Dickinson. State College, Univ of Penn sylviinin, Hnrviird, Yale. Princeton. Wellesley, Bryn Mnwrnnd the others. Class Contracts a Specialty. Correct Hoods i. Degrees. Mr. College Man We are already lining up our clients for nextSpring. With our National Organization of 12 offices we will need over 2000 college men for technical, office, sales aud teaching positions throughout the United States. We can also use at any time college men who are in the market for a position. Let us explain to you NOW. Write for the "College Man's Opportunity." It tells how Hapgoods, a great organization built up by college men has placed many thousand youngmen, has raised the standard of college meu as a business factor throughout the world. State age, education, location desired. THE JV\iTIOJVJIZ, OBGjrjVTZJlTjrOJV OF BIlJlIJV BHOHKBS. Commonwealth Trust Building, Philadelphia, Pa. HOTEL GETTYSBURG, Headquarters for BANQUETS. Electric Lights, Steam Heat, All Conveniences. Free Bus to and from station. Convenient for Commencement Visitors. RATES $2.00 PER DAY. -livery CLi'ta.c'ked. Jot]i] P. JV^tH Proprietor. BECKER & CO., DEALERS IN All kinds of Fresh and Smoked Meats Chambersburg St., Gettysburg, Pa. WE RECOMMEND THESE FIRMS. Established 1867 by Allen Walton. ALLEN K. WALTON, Pres. and Treas. ROBT. J. WALTON, Supt. flummelstown Brown Stone Company, QUARRYMEN and Manufacturers of BUILDING STONE, SAWED FLAGGING and TILE. Wa/l/fcoTwille, ]£)a.-u,pT-vlr\, ^o. Pa. CONTRACTORS FOR ALL KINDS OF CUT STONE WORK. Telegrapn and Express Address, Brownstone, Pa. Parties visit-ing quarries will leave cars at Brownstone Station on the P. & R-R. R. For Artistic Photographs Go To T{PTON The Leader in PHOTO FASHIONS Frames and Passapartouts Made to Order. PATRONISE OUR ADY$RTI$$RS Come and Have a Good Shave or Hair Cut -AT-Harry B. Sefton's BARBER SHOP. 35 Baltimore St. Barber's Supplies a Specialty. Also choice line of Cigars. SHOES REPAIRED —BY— Charles Hartdagen, Middle St., Opp. Court House, GUARANTEE ALL WORK. GETTYSBURG DEPARTMENT STORE, Successors to the L. M. Alleman Hardware Co., Manufacturer's Agent and Jobber of HARDWARE, OILS, PAINTS AND QUEENSWARE, GETTYSBURG, PA. Tb.p only Jobbing House in Adams County. PATRONIZE OUR ADVERTISERS. s * * » ** *»« * ft * «« « «»* ** « « * »* « * * « **«* ***« aa »« « ***** a »*« »* * *** Seligrqciq Are Gettysburg's Most Reliable TAILORS «* And show their appreciation of your patronage by giving- you full value for your money, and closest attention to the wants of every customer. ■ T' ■,f T &.WirX'z?&/&teM$&^.'^*fc?ttvte*&^ Students' Headquarters —FOR— HATS, SHOES, AVD GENT'S FURNISHING. Sole Agent for WALK-OVER SHOE EGBERT'S STORE. Prices Always Right T|e Lutheran PubliGOlioii Society No 1424 Arch Street, PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Colleges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and develop one of the church in-stitutions with pecuniary ad-vantage to yourself. Address HENRY 8. BONER, Supt

YOL. XII FEBRUARY, - 1904 NO. 8 The Gettysburg GETTYSBURG COLLEGE GETTYSBURG, PA. N. C. BAR8EHENN, BETTY6BUR0 3 Q. 'TE I1I I: PATRONIZE OUR ADVERTISERS. £«*«-*m-m+««4 fl|. \ te\ttt Latest Styles in HATS, SHOES AND GENT'S FURNISHING .Our specialty. WALK-OVER SHOE M. K. ECKERT Prices always right The Lutheran puMigging pouge. No. 1424 Arch Street PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Col-leges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and devel-op one of the church institutions with pecuniary advantage to yourself. Address H. S. BONER, Supt. WE RECOMMEND THESE FIRMS. The Pleased Customer is not a stranger in our estab-lishment— he's right at home, you'll see him when you call. We have the materials to please fastidious men. J. D. LIPPY, iXIsi'crlna.n.t Tailor, 29 Chambersburg Street, GETTYSBURG, PA. CITY HOTEL, Main Street, - Gettysburg, Pa. Free 'Bus to an from all trains. Thirty seconds' walk from either depot. Dinner with drive over field with four or more, $1.35. Rates, $1.50 to $2.00 per Day. Livery connected. Rubber-tire buggies a specialty. John E. Hughes, Prop. TflF PHOTOGRAPHER. Now in new Studio 20 and 22 Chambersburg Street, Gettysburg, Pa. One of the finest modern lights in the country. C. E. Bcrbehenn THE EAGLE HOTEL Corner Main and Washington Sts. Dracj Stove, 36 Baltimore St. HOT AND COLD SODA AND CAMERA SUPPLIES £ PATRONIZE OUR ADVERTIZERS. It "We al-wrays nave the sea-sons novelties, besides a. complete line o£ staples at prices to tempt you. SPECIAL CARE TAKEN TO MAKE WORK STYLISH AND EXACTLY TO YOUR ORDER. Olill Ol. Seligman, T«IIO*, 7 Chambefsbupg St., Gettysburg, Pa. R. A. WONDERS Corner Cigar Parlors. A fun line of Cigars, Tobacco, Pipes, etc. Scott's Corner, opp. Eagle Hotel GETTYSBURG, PA. Pool Parlors in Connection. D. J. Swartz ■ Country Produce Deal% Groceries Cigars and Tobacco GETTYSBURG. Established 1887 by Allen Walton. Allen K. Walton, Pros, and Treas. Robt. J. Walton, Superintendent. HDimqelstown BFOWU Ston jaiDjaiij, and Manufacturers of BUILDING STONE, SAWED FLAGGING, and TILE, fALTONVILLE, ESS PENNA. Contractors for all kinds of cut stone work. Telegraph and Express Address, BROWNSTONE, PA. Parties visiting Quarries will leave cars at Brownstone Station, on the P. & R. R.R. FAVOR THOSE WHO FAVOR US. E. C. TAWNEY Is ready to furnish Clubs and Boarding Houses with . . . . Bread,Rolls,Cakes,Pretzels,etc At short notice and reason-able rates. 103 West Middle St., Gettysburg Shoes Repaired J. H- BAKES, 115 Baltimore St. near Court House. Good Work Guaranteed. J. W. BUMBAUGH'S City Cafe and Dining Room Meals and lunches served at short notice. Fresh pies and sandwiches always on hand. Oysters furnished all year. 53 Chambersburg St -C^ -C^ -^ JC^ _C* _C^ -f^ _C> ^. rs fv !-•-? U-PI-DEE. A new Co-ed has alighted in town, U-pl-dee, U-pi-da I In an up-to-datest tailor-made g-own.U-pi-de-i-da The boys are wild, and prex is, too, N You never saw such a hulla-ba-loo. CHORUS. — U-pi-dee-i-dee-i-da I etc. Her voice is clear as a soaring lark's. And her wit is like those trolley-car sparks ! When 'cross a muddy street she flits, The boys all have conniption fits 1 The turn of her head turns all ours, too. There's always a strife to sit in her pew; 'Tis enough to make a parson drunk, To hear her sing old co-ca-che-lunk ! The above, and three other NEW verses to U-PI-DEH mm m mm m m JJPO and NEW WORDS, catchy, up-to-date, to ill It 0.tl,18rs "' *e popular OLD FAMILIAR TUNES; l)e'- 5i?Tj s s OLD FAVORITES ; and also many NEW SONGS. jTJt SONGS OF ALL THE COLLEGES. E7ji Copyright, Price, $r.SO, postpaid. 13*1. MM HINDS k NOBLE, Publishers, New York City. n Pi m Schoolbooks of allpublishers at one store. ff".f ^^^^V^^^:**= =**= =**= =**=£? :«- :**: :**= zx* **: *\= *\: =**= =«= ^r *\ !LJ 50 YEARS' EXPERIENCE TRADE MARKS DESIGNS COPYRIGHTS &C. Anvone sending a sketch and description mny f]ulcl;ly ascertain our opinion free whether an invention is probnbly paLemable. Communicn-t ions strictly conlltlenl ial. Handbook on Patents sent tree. Oldest iieency for securing patents. Patents taken through jVlunn & Co. receive special notice, without cbnrgo, in the Scientific American. A handsomely illustrated weekly. T.nrgest cir-culation of any scientific journal. Terms, $3 a year; four months, $L Sold by all newsdealers. MUNN&Co.3e,Broad^New York Branch Office. 625 F St., Wnshirjuton, D. C. GO TO. HARRY B. SEFTON'S (Barber (Shop For a good shave or liair cut. Barbers' supplies a specialty. Razor Strops, Soaps, Brushes, Creams, Combs, etc. JVb. 38 Baltimore St. GETTYSBURG. You will find a full line of Pure Drugs and Fine Stationery at the People's Drug Stoie Prescriptions a specialty. * f THE GETTYSBURG JIERGDRY The Literary Journal of Gettysburg College Vol. XII. GETTYSBURG, PA., FEBRUARY, 1904 No. 8 CONTENTS THE BEACON, 232 CHAS. W. WEISER, '01. THE PRESENT MOVEMENT TOWARD PROTECTION IN ENGLAND, 233 FRANK LAYMAN, '04 TALES OF A BACHELORS' CLUB—NO. 1, 238 JAMES GARFIELD DILLER, '04. THE NEED OF RENEWED INTEREST IN THELITER-ARY SOCIETIES OF OUR COLLEGE^ . . . 249 CONVERSATION AS AN ART 254 HARRIET A. MCGILL, '06. EDITORIALS, 256 EXCHANGES, ' . . 260 232 THE GETTYSBURG MERCURY THE BEACON. CHARI,ES \V. WEISER, 'OI. *AR across trie wooded valley, Miles and miles across the plain, On a distant hill top gleaming Thro' the mist and drizzling rain, A beacon light is glaring, Dancing, leaping, spluttering, flaring As it catches at new fagots, Licks and laps the heap of pine Built far out upon the coast line, Where the land meets foamy brine, Warning signal to the vessels, Rocked upon the stormy sea, Of the rocks and shoals that threaten As they're drifting to'_the lea. And the night comes down upon it, Folding close her sable wings ; Darkness reigns, save for the flaring Of the beacon as it flings Its ruddy light in warning Thro' the stormy night till morning. Heaped up by silent figures Silhouetted on the flame, As they wander round the beacon Heaping up the burning flame. And the night rolls on terrific, Loudly still the tempests roar, Wierd and mystic sounds and sights Flit along the storm-beat shore. THE GETTYSBURG MERCURY. 233 THE PRESENT MOVEMENT TOWARD PROTEC-TION IN ENGLAND. FRANK LAYMAN, '04. THE one live question in English politics today is that of tariff. For many years, while the United States and the nations of continental Europe have been hedging them-selves about with high protective tariffs, free trade has been the guiding principle in England's tariff legislation. This unique position of England is easily explained. For some reasons, and among them her great natural advantages in the immense deposits of coal and iron, England has become a great manu-facturing nation, and so it has been to her advantage* to get foodstuffs and raw materials free of duty, while no prohibitory tariff was needed on articles which she herself manufactures be-cause of her own advantages in their manufacture. In the world's division of labor, manufacturing has become her work and she has thought it unwise to increase, by import duties, the price of the food required while doing that work. There have not been lacking, however, efforts to establish a protective tariff, especially on grain. Of this nature were the so-called Corn Laws, passed in 1815 and repealed after long and bitter discussion in 1846. Then free trade held the field with-out interruption until the time of the Registration Act, passed in 1902 and repealed in 1903. The present movement for pro-tection, started by Mr. Chamberlain, is like the others in that a tax on grain is proposed, but it differs from them very ma-terially in the means proposed and the ends aimed at. What is Mr. Chamberlain's plan ? For the most part he has discussed it in rather vague and general terms, but on one oc-casion at least, speaking more specifically, he said that he does not advocate a tax on raw materials such as wool and cotton, but that his scheme included a tax of six cents a bushel on wheat and a five per cent duty on meat coming from the United States and other foreign countries, while the same arti-cles from the British colonies would be admitted free; also a 234 THE GETTYSBURG MERCURY. tax of ten per cent on manufactured articles and a reduction of the present duty on tea, coffee, sugar and cocoa. For this favored treatment of colonial goods a similar differential for the products of the English factories is expected in the colonial markets. According to Mr. Chamberlain, three good results will follow the adoption of this scheme. They are: (i) the encourage-ment of the agricultural and meat-producing industries of the colonies ; (2) the advancement of the manufacturing interests of England due particularly to favorable markets in the colon-ies; (3) the consolidation of the Empire by binding the colon-ies to the mother country by ties of self-interest. Let us ex-amine each of these separately and try to determine whether these results may reasonably be expected. The agricultural and meat-producing interests of the colonies will be encouraged without a doubt. The case of American and Canadian wheat will illustrate. The English people will pay just the same for their bread, whether it is made of wheat coming from the United States or from Canada, but the importer of wheat can and will offer just six cents more for Canadian than American wheat because of the six-cent tax that he must pay on the latter. This difference in price will encourage Ca-nadian farmers to the same extent to which it will discourage American farmers, and, as ordinarily happens in such cases, the higher price will greatly stimulate the production of Canadian wheat. The cost of transportation from the two countries is about equal, but the result will be the same wherever the cost of transportation from a colony does not exceed that of trans-portation from the United States or from other foreign countries by as much as six cents. This would include all or nearly all the colonies. On the second point, the advancement of England's manu-facturing interests, the scheme will fail for several reasons. In the first place, the cost of food for the English laborer will be increased almost in the same proportion in which colonial agri-culture is benefited. If,- as seems likely, the importer of wheat will offer six cents less for wheat from the United States and THE GETTYSBURG MERCURY. 335 other foreign countries, then, until agriculture in the colonies is further developed, the supply of wheat in the English market will be considerably reduced. The supply being lower, the price will necessarily be higher. It may be argued, however, that within a few years the stimulated production of the colonies will fur-nish such a supply that the price will be greatly lowered. This seems plausible upon the face of it, but certainly it is not reason-able to suppose that the price will thus become as low as it would if this colonial wheat had to compete in a free market with the wheat of the rest of the world. The same will be true of other food products affected by the tariff. That the price of bread and meat would thus be raised by the tariff is one of the disputed points in the debate now going on in England, but it was virtually admitted by Mr. Chamberlain himself, when, in answer to the cry that he would raise the cost of food for the people, he proposed a reduction of the duties on tea, coffee, sugar and cocoa as a compromise measure. It is hard to see, however, how a reduction of duties on these few luxuries can lower the total cost of living as much as a high tariffon the chief necessaries of life would tend to raise it. If the cost of food for the English laborer is thus increased, then, as Prof. Maxey, of the University of W. Va., points out, one of two results will follow—an increase of wages or a lower standard of living. As wages are determined by the demand for labor/and as no greater demand would necessarily be created, there is no reason to suppose that wages would be raised. A lower standard of living would injure the manufacturer in two ways— it would decrease the efficiency of his workmen and lessen the demand for manufactured goods. Now, the English manufac-turer is not prepared to sustain either of these injuries, especi-ally not the first. An impairment of the efficiency of the laborer would mean increased cost of production, and England is already meeting with such keen competition that this might suffice to shut her out of the market altogether. But further than this, the colonial markets would not offer the advantages to English goods that are hoped for. The pro-tectionist sentiment is growing in the great colonies, like Can- 236 THE GETTYSBURG MERCURY. ada and Australia. They are anxious for the" development of their agricultural interests, but they are not willing to have their manufactures ruined. They would be perfectly willing to-grant a differential in favor of England provided that the mini-mum tariff still be high enough to protect their own industries. But of what advantage would such a differential tariff be to England ? How would it benefit her, if, while the products of other countries are shut out of the colonial market, her own are shut out, though by a somewhat lower tariff? That this would be the case has already been proven by the working of a differ-ential in Canada for a number of years. This gave an advan-tage of thirty-three and one-third per cent to English products,, and yet during the time it was in operation, British exports, be-ing mostly manufactured articles, increased less than thirty per cent, while American and French exports in the same markets increased one hundred per cent. It must be granted, however, that if the smaller colonies,, which now have free trade, would change their policy and tax all imports except those coming from England, and if the smaller protectionist colonies would allow the articles now on the free list to come in free only when coming from England, English goods would acquire considerable advantages in these markets. But these are rather unimportant when compared with the great markets where no advantages would be gained. This slight advantage, however, would be more than off-set by a loss in another direction. Only a small fraction of England's exports now go, and for many years will go, to the colonies. The great bulk goes to foreign countries, where, as a free trade nation, she enjoys minimum tariff rates. When once she adopts a protective tariff this favored treatment can no longer be given her and a large part of her manufactures will be threatened with ruin. All in all, then, this tariff scheme would not only not benefit, but more likely would greatly injure, English manufactures. As to the third result aimed at, the consolidation of the Em-pire, many think that the scheme would work the contrary effect. To carry it out would be a tremendous problem. To THE GETTYSBURG MERCURY. 237 arrange a system of tariff duties that would be satisfactory to the United Kingdom and all the colonies would be too much for the intellect of any statesman of this generation. Exports to the various colonies differ both in quantity and kind; like-wise the imports from the colonies. Then, too, both imports and exports vary in these respects from year to year. For these reasons it would be impossible to hit upon a scheme satisfactory to all. There would be a constant fear and distrust lest one colony should be accorded more favorable treatment than another. Instead of harmony, discord would result; instead of consolidation, a tendency to disintegration. THE PI.AN OF SALVATION. O how unlike the complex works of man, Heaven's eazy, artless, unencumbered plan ! No meretricious graces to beguile, No clustering ornaments to clog the pile ; From ostentation, as from weakness, free, It stands like the cerulean arch we see, Majestic in its own simplicity. Inscribed above the portal, from afar Conspicuous as the brightness of a star, Legible only by the light they give Stand the soul-quickening words—Believe, and live. Too many, shock'd at what should charm them most, Despise the plain direction and are lost. WlLUAM COWPER. 2j8 THE GETTYSBURG MERCURY. TALES OF A BACHELORS' CLUB—NO. i. JAMES GARFIBI.D DIIAER, '04. THE great metropolis was struggling in the grasp of a mid-winter storm. Up and down the broad avenues and narrower thoroughfares the icy winds howled and blustered, the intermittent gusts catching up the harsh, granular snow and depositing it again in miniature drifts in the area-ways ot the larger buildings ; or, by its great velocity, creating a vacuum between the tall structures which sucked up the snow in swirl-ing cloud-masses and enveloped the chimneys in mantles of glistening white. The storm king was abroad in state, attended by a numberless array of his spotlessly livened retinue. A clock, in the tower of a building on one of the most fashionable thoroughfares of the city, was just announcing the hour of midnight, the strokes of the bell sounding alternately clear and distinct, and again muffled and far away, varying with the fluctuations of the storm. The street was almost deserted —only an occasional, belated pedestrian hurrying homeward, or some habitual night prowler stealing to an appointment at an uncertain rendezvous. As the night wore on, the storm abated and the subsiding wind left the air clear of snow. The electric lamps along the avenue shone forth again with an enhanced brilliancy, illumina-ting the dark corners with their ghostly glare, and revealing fan-tastic shapes of snow where the wind, cavorting with a too pretentious drift, had left evidence of his passage in the most erratic grotesquerie. Athwart the silence which succeeded the tumult of the ele-ments, the neighboring clock-tower chimed the hour of two and the last reverberation had scarcely died away when a little gust of wind, which seemed to have lost its way in the wake of the storm, hurried round the corner of an intersecting street and seemed to carry with it, in the midst of a flurry of snow, the muffled figure of a man. It was evidently no uncommon thing for this lone pedestrian THE GETTYSBURG MERCURY. 239 to be abroad at this hour, for he seemed to pursue his way-somewhat leisurely, as if well acquainted with the locality. He floundered along through the snow which now covered the side-walks to the depth of some inches, and seemed to main-tain his equilibrium fairly well, albeit he collided with a post or tree now and then, and once, when his silk hat blew off and wheeled its way to the middle of the street, he recovered it with an unsteady grasp which betrayed an evening spent in convivial enjoyment. When about halfway down the square he began to look up-ward as he passed along, scanning the handsome buildings for some distinctive architectural feature by which to recognize the one which was evidently his destination. Suddenly he paused, walked to the curb, and hesitated a moment, standing in the patch of rose-colored light which a large electric chandelier of stained glass and Venetian iron-work, hanging in the vestibule of the building, threw upon the side-walk. As he stands there undecided in his inebriated condition, whether or not he has found the right place, let us survey with him the exterior of the structure. It was the most impos-ing edifice on the whole avenue and was constructed almost entirely ot elaborately carved brownstone. The windows were of the triple style—a broad, square pane of heavy plate, with a narrower one on either side, surrounded by irregular, yet artistic, patches of vari-colored and heavily leaded glass, with miniature pilasters of carved brownstone intervening, the whole surmounted by a capping of heads of satyrs among twining vines in the form of those long, flat curves which in modern architecture give such a graceful and substantial effect. In the spaces between the windows, niches were let into the walls to accommodate statues—graceful figures, whose well defined out-lines and elegant curves caused one to forget that they were produced by the magic chisel, from the same hard, cold material as the rest of the building. At either end of the cornice a Cerberus head scowled, as if just emerging from its lofty lair, while just below a frieze of dancing nymphs completed the ex-terior of the modern palace, at which both the artist and the 240 THE GETTYSBURG MERCURY. craftsman might well gaze with self-satisfied pleasure, and each shake the other's hand in mutual congratulation. However, lest a too lengthy description of the building should become tedious to the reader, we will leave the interior of the structure to the imagination of those who can appreciate what prodigal extremes may be attained in the desire for modern convenience and luxurious ease. Such was the home of the Bachelors' Club, and the center of action for the stirring adventures which shall be recounted in this series of storiettes—of'which the following is the first, in their chronological order. Mr. Robert Carson, Esq., prominent in the legal profession and member of the Bachelors' Club, was—his bibulous tenden-cies notwithstanding—a most methodical man. In matters of dress and general decorum he was usually beyond reproach, while he never forgot an engagement, and was always courteous and friendly. With this estimate of his character in mind, one can well appreciate the astonishment of Rudolph, the colored attendant, who admitted him to the club in the small hours of the night. Rudolph was a sort of despot among the large corps of servants, asserting his position by right of long service in the employ of the club, and acquaintance with a majority of its membership. He had just dispatched a few of his subordinates and was making his nightly round of the building when a sharp summons of the bell brought him hurrying down the main hall-way to the front door. Having admitted Mr. Carson, the obsequious attendant pro-ceeded to relieve him of his hat and coat. Then, his practised eye noting that this late comer was inclined to stagger, Rudolph took the lawyer gently by the arm and escorted him into the spacious lounging-room, saw that he was comfortably ensconced in an easy chair, placed the latest newspaper on the table at his elbow and noiselessly withdrew. Not a word had passed be-tween them—the usually amiable and gentlemanly Carson and the faithful menial who was always eager to please and quick to detect any sign of gruff indifference. "He's surely got THE GETTYSBURG MERCURY. 241 somethin' on his mind," soliloquised Rudolph, as he re-ascended the broad staircase. Left to himself, the half-stupefied Carson fumbled in his breast pocket and produced a crumbled piece of note paper. Smoothing it on his knee he read aloud : "Meet me at the club tonight, after the Bench and Bar Banquet. Have some friends from the South visiting me. Will bring them around and we will make a night of it to-gether. "Sincerely, "NELSON BRENT." He refolded the paper without comment, replaced it in his pocket, and sat for some minutes lost in a reminiscent train of thought. Presently he began a mumbling, half coherent soliloquy: "Make a night of it, eh ?•—well; not the first time. Queer fellow, that Brent. Used to be one of my best friends at col-lege, until—oh ! Deuce take it. If the girl preferred me it wasn't my fault. And then, after all, her father forced her to break off the engage—, pshaw! Can I never forget it ? Strange, though, the way he seemed to forgive all when he voted me into the club,—looked a little suspicious for him to—there, there! I am getting nonsensical. Feel so dull and drowsy. That digestive tablet the young lawyer from Savannah passed me across the table musn't have worked right. Banquet was quite an enjoyable affair, though, made several new acquaint— friends—no; not yet—acquaintances." His talk became a mere jumble of words, spoken in a sort of petulant monotone. Slowly his head nodded back and forth. Then his chin rested upon his breast, his hands relaxed their grip on the arms of the chair, his eyelids dropped and he sank into a deep unnatural slumber. Half an hour passed, and again the musical whirr of the electric bell brought Rudolph to the door, this time to admit two men who entered quickly and with a certain wariness of manner, as if something of importance was about to be done surreptitiously. 242 THE GETTYSBURG MERCURY. "I say, Brent," blustered he who had entered first, "you cer-tainly get some beastly weather up here in the north states." And he rubbed his hands briskly. The other lifted a cautious finger and turned to Rudolph. "Has Carson come yet ?" "Yessir. He's in there now fast asleep," and Rudolph ges-tured toward the door of the smoking-room. Brent gave his companion a glance of mingled surprise and gratification, and the Southerner replied with a shy wink and a sinister smile. "You may go, Rudolph," said Brent, lifting his hand with a wave of dismissal, and the two passed into the apartment where Carson's regular breathing could be heard from the depths of a big easy chair. "There he is," whispered Brent, as he paused suddenly and laid a hand upon the Southerner's arm. That gentleman there-upon leaned over to get a better view of Carson's face, and nodded to the other. "The same fellow," he said. "One would not think, to look at him, that it would have been so easy to 'dope' him with a morphine tablet under the pretense that it was for his stomach's sake." "You did work it cleverly, though," observed Brent, with a ■complimentary accent. "How long do you think it will last?" "Oh !" was the careless rejoinder, he's good for a couple of hours anyway. And now, Brent, since I just got into the city this evening and went right to the hotel, so that we had no chance to talk, would you mind telling me what your idea was in getting me to assist you in what looks to me like the begin-ning of a dirty piece of work ?" "Steady, now, old man," said Brent, reassuringly. "I'll explain the whole affair if you give me time, and you'll agree that I am only exacting a just vengeance for a wrong which this man Carson did me years ago, and but for which I should now be a wealthy man, instead of being compelled to follow a meagre law practice, and scarcely able to keep up my membership in this club." THE GETTYSBURG MERCURY. 245 "Yes, I understand," interrupted his auditor, impatiently, "But what are you going to do with him now ?" "I'm coming to it," Brent replied hastily. "In order to understand the why and wherefore of what is going to happen tonight you must first know something of this man Carson's past, and, incidentally, a little of my own." He glanced at the sleeping figure in the easy chair, assured himself once more that the victim of his contemplated treachery was yet in the land of dreams, nonchalantly lighted a cigar, and settled himself to begin the narration of his tale. The little Southerner seated himself also, but with a reluc-tance which indicated that he was beginning to regret having taken a hand in this business, and was anxious to have it over with. "We were good friends at college," Brent began, "until—well,, it was the same old story. Two men and one woman. Her father was one of the wealthiest cotton planters of the South. By judicious manceuvering I succeeded in creating such a favor-able impression on the old man that he once told me himself that he thought I would make a good son-in-law. "But here steps in this fellow, Carson, and wins the affections of the heiress so completely that, from the time of his advent upon the field, I was gradually compelled to recede into the back-ground. In order to circumvent him I was obliged to concoct several false reports, which, by cleverly concealed methods, I managed to convey to the old gentleman's knowledge. The result was that her father forbade Carson the house. But the daughter, after several passionate scenes, declared her inten-tion to marry him, if she had to elope to do it. Finally, her father put her under the rigid surveillance of a strict spinster governess, and so the matter seemed to rest. Carson accepted his dismissal with an apparent good grace, and I gave the case up as hopeless. Thus the affair ended, neither of us gaining anything by it, and our former close friendship was replaced by a bitter enmity, which years seemed only to accentuate." "But how," ventured the other, "do you come to be members of the same club ?" 244 THE GETTYSBURG MERCURY. "I was coming to that," hurriedly asserted Brent, "and when I have told it you must give me credit, or rather discredit, for a piece of the most diabolical cunning. After we had gradu-ated from college I did not hear of Carson for some years. Meanwhile, I came here, built up a small law practice, and joined the Bachelors' Club. What was my surprise, one even-ing at our meeting, on learning that a certain Robert Carson was a candidate for membership. When I discovered that this prospective member and my old enemy were one and the same person, I hesitated. But it occurred to me that here was a splendid opportunity for revenge. I would vote him into the club, pretend to forgive and forget all that had formerly passed between us, and await my chance to strike the blow." "Yes, yes," said the Southerner impatiently, "that brings us up to the present time. I understand the circumstances now completely. But what do you intend to do with him ?" For answer a long, low whistle sounded from the street and Brent started in his chair and sat bolt upright. After some seconds the signal was repeated and he rose and went to one of the large windows. The Southerner heard the clicks of a latch, felt a draught of cold, outside air, and then the window was lowered and he turned to see a figure, muffled in a large storm coat and wearing fur driving gloves. The newcomer was talk-ing to Brent in an undertone and the listener could just catch the words: "Come near fergittin', Guv'nor, was just goin' ter ring th' bell when I minded as how you was t' let me in by th' winder, so as not t' rouse th' nigger." "Yes, yes," Brent whispered hurriedly. "But we must be quick, now. It's getting on toward morning and the thing must be done in time for me to catch the early train." He motioned his confederate toward the sleeping figure in the easy chair and, to the Southerner's astonishment, the burly fellow picked up the unconscious Carson as if he had been a child and carried him to the window. The perfidious Brent again raised the sash, revealing a cab in waiting at the curb-stone. The cabby lowered his burden to the sidewalk, slid THE GETTYSBURG MERCURY. 245 through the window and dropped below then again lifted the helpless form, carried it over and deposited it in a dark corner of the conveyance. Brent and his companion resumed their hats and coats and made their exit by the window, closing it after them. Crossing the sidewalk, with stealthy glances up and down the street, they entered the cab, the driver mounted his box and gave a sharp "cluck" to the horses. Only the faint crunching of the wheels in the snow was heard, as the vehicle rolled away into the darkness. Five minutes later the front door of the Bachelors' Club opened, a figure in dark blue livery stepped forth and a dusky face peered out into the gloom with an anxious and excited look. Rudolph had come into the smoking room, found Mr. Carson missing, his hat and coat left behind, the window-catch unfastened and many foot prints in the snow on the sidewalk just beneath. Hastening down to the curb, he observed, with a gleam of satisfaction, the tracks of wheels in the snow. In another moment he was hurrying back into the house, and up stairs to the servants' quarters, a grim determination written on his swarthy features. In a small, upper room of a low tenement house, on an obscure street of the slum district, an old man was sitting at a rough table, reading a week-old German newspaper by the light of a tallow dip. He was the common type of naturalized im-migrant of the lower classes. Teutonic features, snub-nose, double chin and ample girth were all present as the recognized signs of his nationality. He was clad in coarse, threadbare garments of antiquated pattern, the waistcoat unbuttoned for greater ease, and his feet slipped into loose goloshes with which he shuffled across the floor when, at frequent intervals, he arose and went to the window to peer with expectant gaze up the dark, narrow street. The room was scantily and poorly furnished, and gave evi-dence of those straitened circumstances which oftentimes force 246 THE GETTYSBURG MERCURY. honest and well-meaning folk to participate in deeds of rascality for the sake of the bare means of subsistence. And such was the case here. The old German had hesitat-ed, upon being approached by a refined-looking stranger with the offer of a handsome remuneration, if he should do just as the person dictated, for the space of a few days; but, when the al-luring proposition was reinforced by the guarantee of absolute safety from detection or punishment on the part of the German, the old man had consulted with his wife and, after sundry ar-guments pro and con, had accepted the offer. And now he was awaiting the arrival of the man to whom he had pledged himself to act as a tool. For the twentieth time, it seemed, he had gone to the window to watch for any sign of life up the de-serted thoroughfare. The fussy little clock in the corner pointed to five minutes of four, and the old man, weary of his vigil, re-sumed his chair and began to go over in his mind the plans which he and his unknown employer were about to carry into execution. It was three days, he mused, since he had been accosted on the street by a well-dressed gentleman, who, after some preliminary talk, conducted him to an obscure restaurant and, in the seclusion of a curtained booth, had made him the proposal which he had so reluctantly accepted. A wealthy young lawyer was to be kidnapped, smuggled into his humble quarters in the tenement, kept there against his will and forced to sign certain papers which the German's employer would turn into money and make good his escape before the victim of the plot could be located and rescued. It was all very neatly arranged, the old man thought, but was he not a fool to let the other fellow get away while he would have to remain and per-haps feel the strong arm of the law? He was just beginning to-regret his bargain and to wonder whether the pay justified the risk, when his attention was attracted by a noise in the street outside. Starting up, he snatched the candle from the table and rushed to the door. In the strong, upward draught from the steep stairway the feeble taper winked and spluttered and finally went out, leaving him in utter darkness. He groped his way down the dingy flight, in a tension of nervous" dread, THE GETTYSBURG MERCURY. 247 I . tore open the door and stepped out upon the front stoop. A cab was standing in the middle of the street, a short distance away. The horses were stamping the snow impatiently, the driver's box was vacant, the fur robe dangling from the seat and trailing upon the ground, and the door of the vehicle stood wide open. In the gloom about him the old gentleman heard the sounds of a scuffle, and could just make out the figures of half a dozen men who seemed to be engaged in a free-for-all fight. A familiar voice shouted dreadful oaths above the bab-ble of the melee, and a lithe, active little figure mingled in the struggle with furious vigor, hissing fierce invectives with a Southern accent. The battle royal lasted for some moments. Now and then one of the combatants would lose his footing and flounder about in the drifted snow, then regain his feet and plunge again into the conflict with redoubled fury. Finally, just as the terrorized witness was about to turn back and flee terror-stricken up the stairs, one of the factions in the contest seemed to gain the mastery. Three of the struggling forms broke away. Two of them sprang into the carriage and banged the door after them. The other clambered to his perch on the box, snatched up the reins, belabored the horses with vicious lashes of his whip, and, smarting with baffled rage, turned his head and hurled back a parting shot that was a veritable bomb-shell of besmirching epithets, as the cab rolled away. Some of those who remained on the sidewalk attempted to overtake the retreating vehicle, but, giving up the pursuit as fruitless, return-ed to join the little group which was now holding a hurried consultation. After a moment or two they picked up a limp figure and started away down the street, bearing the uncon-scious form as the trophy of their victory. ****** At a special meeting of the Bachelors' Club the next even-ing, a full account of the affair was given by one of the mem-bers, who gathered his information from those who had been most directly concerned in the disgraceful episode. From his disclosures it appeared that Rudolph, after noting the suspic-ious circumstances of Mr. Carson's disappearance and fearing 248 THE GETTYSBURG MERCURY. foul play, had aroused a half dozen of the servants and begun a search. The rescuing party tracked the cab to the street in the slum district by following the wheel marks in the snow. After overcoming the resistence of Mr. Carson's would-be ab-ductors, they had brought that gentleman back to the club-house, sent for a physician to resuscitate him from the effects of the drug and the rough handling he had received, and reported the affair to the police. When Brent's shameless duplicity became generally known, the assembly room of the Bachelors' Club was in a turmoil of indignation. A bitter, crushing letter of dismissal was drawn up and despatched to his law office, in case he should have the audacity to return and attempt to explain by some elaborate falsehood, as many of the members believed he would do. But the letter remained unopened upon the desk of Brent's deserted office and the shrewdest detectives of the city failed to obtain a single clew as to his whereabouts. Nelson Brent and his ac-complice, the little Southerner, had completely disappeared. THE GETTYSBURG MERCURY. 249 THE NEED OF RENEWED INTEREST IN THE LITERARY SOCIETIES OF OUR COLLEGE. THE subject of the advantages of membership in a literary society andof general literary discipline is an aggravatingly old one, and one which has been preached from the college ros-trum ever since the literary society found place as an appendage to an institution of learning. Notwithstanding, it is, with all its ponderous burden of repetition, a most vital and important phase of collegiate training, and its importance needs all the more to be emphasized in lieu of the widespread lack of ap-prehension among students in general of the highly beneficent results which it confers. At'Gettysburg the existing state of affairs needs considera-tion. The reason as to why our literary societies are so lethar-' gic demands investigation. As to the why and wherefore of this depression in the field of literary effort let us briefly in-quire, and try to recognize the necessity for improvement. It is quite in harmony with a reasonable supposition to in-fer that the chief cause of this apathy is to be discovered in a failure to realize just what the literary society means to the student. To start with, it offers a chance for development in composition. Writing, in an intelligent way and with the use of good diction, is an accomplishment every college man should own. To be able to write what one thinks and offer it to be read by others is as much a demand on the college man as to be able to carry on an intelligent conversation. If a man has a reasoning intellect, descriptive ability, poetic sentiment, or thought-power and observant faculties along any particular line—which we all have in greater or less degree—he should surely appreciate his endowment to an extent great enough to insure its permanency and highest efficiency by a proper amount of use. This state of affairs would be conclusively guaranteed by an occasional essay, poem, or story, which a keen interest in his society and college monthly should unhesitatingly lead him to construct with a gratifying result to both writer and reader or listener. 250 THE GETTYSBURG MERCURY. The aptitude to compose one's thoughts, which ability is also a thought-training process, is an accomplishment which no stu-dent of Gettysburg College will ever disdain.' Secondly, and somewhat interwoven with what we have just said, is to be recognized the happy knack of being able to stand before an audience and do clear thinking. This is a something that is of incalculable importance. Not one man in one hun-dred can do it. Every college graduate, to be worthy of the name, ought to be that one man. To face with self-poise a congregated mass of people and address them with a calm dig-nity and a smooth-working brain is a modern requirement of the college man, and justly so. The world insists upon and demands this qualification. He who possesses this proficiency will always cherish it, and he who lacks it will ever be sensible of a lost opportunity. With this showing, as manifested in two main ways, of what the student of our college, in many cases, is foregoing in his educational career, let us give heed to one or two phases of our literary society work which are sore in need of a rectifying remedy forthwith, and the existence of which implies another cause for general unprogressiveness. The literary contests between the Phrenakosmian and Philo-mathean societies should be the means by which a great and lasting enthusiasm would be aroused in and a powerful impetus given to general literary work in the college. The approach of these competitive performances should instigate a rival zest between the members of the respective societies which would be satisfied only after having placed him, whom it has ani-mated, on the program, or upon the accession thereto of some more competent person, whose position was gained only by dili-gent and effective work. Such conditions would conduce to a mighty good. They would establish a propensity for literary practice certain to be wholesome for both societies. But how different? This year there is scarcely a little bit of interest manifest. Neither society seems to consider the issue worth more than a meagre amount of preparation. As the time for the contests draws nigh a sort of stringent necessity does impel a preparation which has the appearance of a greater or less THE GETTYSBURG MERCURY. 251 amount of haphazardness. The training for these programs, instead of having been systematic, steady and critical, has par-taken too much of an abrupt, spasmodic and thoroughless course, which is bound to assert itself, we are afraid, in their rendition. Before this paper has appeared the literary contests shall have taken place. By them let our society members judge their tactics henceforth. To be sure, these programs are going to support some kind of success, but how much better might they not have been had they been subject to a more ap-propriate preparation by harder individual work, more enthusi-astic collective energizing? Who dares set the limit? Within the precincts of each society the indifference of in-. dividuul members to the success of a program of the usual routine order is most exasperating. Every society member is entitled to a performance at certain intervals. Each society member anticipates that privilege when he joins his society. Deny it him and he resists. Henceforth it becomes his duty as well. But at present the inclination to slight this duty and privilege is quite ad extremiun. If a member be posted for an appearance on any particular program, the liability of the actual reality of his presence for the purpose of doing his duty and enjoying his privilege is, in so many cases, quite remote. Nowadays the president of Philo, the president of Phrena never knows, with any degree of certainty, what his program is going to be until rt is over. Indeed sometimes doesn't know if it is going to be at all or not. A member if unable to be present, whether on account of unavoidable circumstances, or on account of an acute indisposition to move aggravated by an attack of voluntary brain inactivity, instead of procuring a substitute, which is certainly the only proper course, simply lets the affair drift until it produces its ruinous effect on some program, whose purpose to please gives way to a decided reactionary effect. When will you realize your duty to yourself and your society, my inactive friend? How will you retrieve your loss? And now, fellow-student, having been made conversant with the facts, will you avail yourself of this offer; this lasting and essential advantage extended to you ? You who are going to 252 THE GETTYSBURG MERCURY. become ministers and lawyers—will it pay you to wait until you are in the pulpit or before the bar to learn how to handle your faculties, to control your thoughts and temper your actions ? And you, doctor and man of science, can you afford to descry the work because it is beyond your immediate province ? The truth is that whatsoever we be—professional men, business men, or scientific men—we are going to be called upon to per-form certain functions in life because of the significant fact that we are college men. The college man stands in such vast pro-portion to his fellow-men that, with his superior ability, he will be compelled to assume certain obligations within the field of .his active life. Suppose, for instance, you should be asked to make an address, you who are so negligent in society work, at a certain place, after your college days have passed and you are in the great fight of the world whose finish is victory or defeat, or that you are prevailed upon to preside at some meeting, in both of which cases you could positively not escape, unless on the plea of inability, would it not be your sincere desire that your success, in either instance, should be somewhat commen-surate with what would be expected of you, and would it not be of vast humiliation, and even perhaps a check on your ma-terial advancement, to confess inability, or to fail in the under-taking? Such cases as this are not improbable ; on the other hand they are both very probable and almost certain. Prepare now, fellow-student, and escape the penalty of the future. With such conditions at Gettysburg we should try and im-prove. At the same time we may find relief, over against this depicted "depression, in the fact that ours is not the only insti-tution wherein there is a lack of concern for literary discipline. In looking over the magazines of many of our contemporary schools we find, apparently, just as deplorable a situation. In brief, the American college might conveniently stand a "renais-sance." But the fact that an analagous disinterest is prevalent in other colleges should lead us to recognize more fully the greater necessity for a revival. The necessity is becoming a stern one and our duty it is to set in operation causes that will be productive of more satisfying results. THE GETTYSBURG MERCURY. 253 Lastly, the welfare of Gettysburg demands that we get to work. Gettysburg College, we have reason to believe, is on the eve of a new departure. Nothing can long remain inactive. It must either advance or retrograde. For some time our col-lege has been in a state of comparative inactivity, but the spell is bound to be broken, and, judging from recent movements, we may judiciously conclude that the election of a president will soon be assured, and that such a step will be attended with success for Alma Mater. Anticipating such progressiveness, in no place can the student body initiate its expanding interest more appropriately than in literary society work. If we can make our two societies flourish, the influence will be far-reach-ing and the end worth the beginning. A few days ago the writer casually chanced upon the follow-ing : "Without good literary societies a college is certainly not worthy of patronage." This passage clearly defines the merit of the literary society. It is a necessary adjunct to the equip-ment of any institution of learning. Some of our neighboring colleges have valued this importance so highly as to make a certain amount of literary society membership compulsory. Our own school even has provision in its regulations for such membership with an alternative of certain extra work to be provided by the faculty. This rule, however, has not of recent years been subject to a rigorous enforcement, nor do we advo-cate its active operation after years of dormancy. Literary work should be voluntary. The student should find pleasure in it. The reward it offers should be its stimulus. No stu-dent is going to gain much from that into which he is forced. Now, if this work is so superlatively requisite, it certainly is worthy of support. It deserves a proportionate share of our labor. Recognizing the significence of our literary societies, let us upbuild them again, improve them by active work and by performing when called upon to do so. L. A. G. 254 THE GETTYSBURG MERCURY. CONVERSATION AS AN ART. HARRIET A. MCGILI;, '06. AGROUP of girls were talking about the expected visit of some college students to their town. The first and chief topic of their conversation was that pertinent to dress, and on all sides might be heard the statement, "I must have a new gown made for the occasion." The second, and by no means unim-portant consideration, was, "How shall we feed them; what shall we give them to eat?" This phase of the anticipated event was discussed in many ways, and with a due considera-tion of the fact that the appetite of the average college student is not easily satiated, but craves an abundant variety. After more or less of time had been indulged in this manner, it was suddenly discovered that by far the most attractive and intelli-gent girl in the company had been strangely quiet. She also happened to be of wealthy parentage and it was well known that she could easily afford many new gowns and tender many elaborate parties. " What are you thinking about?" asked her friends, almost in concert. "Why girls," was the reply, "to tell you the truth, I was just pondering as to how to formulate some scheme to put an intellectual edge on my ideas, in order to be able to entertain the boys when they are here with something interesting to talk about." Now, all girls like fine and beautiful dresses, and the elim-ination of hunger from the nature of the guest friend is, by no kind of argument, a meagre consideration, yet, despite these two pending necessities, the quiet girl, who had been thinking of interesting topics for conversation, had, without doubt, the proper conception about entertaining guests. We do not care about addressing statues, no matter how beautiful they may be; we gaze upon them for a while with admiring interest, and then pass on into contact with our liv-ing, breathing fellow-beings, less beautiful, it may be, but cer-tainty more attractive to us. The analogy finds its comple-ment in those persons who exist apparently for the sake of ap- THE GETTYSBURG MERCURY. 255 pcarance; to see and be seen; to attract attention by every device and to pass on their face value. They have no in-dividuality. They may be admired, but never loved, or even scarcely liked by those with whom they come to be associated. Such is the person, for the most part, who is unable to employ the conversational art. The cultivation of conversational abil-ity has suffered by an undivided attention to the superficial. But let such individual recognize the relative importance of conversational power and seek to attain it, and his or her per-sonality will assert itself; vanity will subside. Education is a great factor in advancing conversation as an art. However, it is only a factor; it cannot do all. One must, first of all, be unselfish and amiable, must have a real desire to please, and not have feelings tending to provoke the state-ment: "Well, I have been put here to.talk with this person, and I presume I must make the best of it." Conversation to be worth the time and effort must be a pleasure. To be in-structive it must be conducted with mutual interest. The re-moval of the selfish element is always advantageous. Some people are naturally somewhat bashful or reserved. Such an one the considerate talker will address with careful thought- He will use tact in endeavoring to draw him out, and in having him speak of himself, to a certain extent, his work and aims, friends, and those things which seem to savor of interest for him. Under such circumstances time will pass rapidly for all ■coucerned, and the intellectual intercourse will be thoroughly enjoyed and appreciated. Among the educated conversation certainly flows with great-er ease than among those who have had fewer advantages. It is a fact that, no matter where one lives, who has been well ed-ucated, the world's interests are his interests and, as a result, he is acquainted with those interests. He is more at ease, broad-er- minded than his less fortunate brother, since he has studied about the great deeds of men and has seen " Footprints on the sands of time." All these superiorities assert his greater abil-ity in conversational art. THE GETTYSBURG MERCURY Entered at the Postoffice at Gettysburg as second-class matter Vol. XII GETTYSBURG, PA., FEBRUARY, 1904 No. 8 Editor-in-ch ief LYMAN A. GUSS, '04 Exchange Editor M. ROY HAMSHER, '04 Business Manager F. GARMAN MASTERS, '04 Asst. Business Manager A. L. DlELENBECK, '05 Associate Editors JOHN B. BOYER, '04 BRUCE P. COBAUGH, '05 C. EDWIN BUTLER, '05 Advisory Board PROF. J. A. HIMES, LITT. D. PROF. G. D. STAHLEY, M.D. PROF. J. W. RICHARD, D.D. Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance; single copies 15 cents. Notice to discontinue sending the MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Busi-ness Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. EDITORIALS. SOME PARTING Upon the appearance of this issue of the WORDS. MERCURY the duties of the present editorial staff and management cease. We have performed the tasks incident to the publication of one volume of this paper and herewith surrender all obligation, together with the good will of the journal, to our successors. During our supervision we have tried to labor with a due sense of the responsibility rest-ing upon us, not only for the continuance of the heretofore es-tablished literary plane of the MERCURY, but for the constant exaltation of its general tone. We have felt strongly the neces-sity of unremitting, vigorous effort in the interest of the charge entrusted to us, and we have made it our particular concern to employ appropriate methods in our work. In short, our aim THE GETTYSBURG MERCURY 257 INDIFFERENCE. has been not mediocrity but perfection. To be sure, we have fallen short of this aim, and our ideal has been but imperfectly-realized, yet we feel we have done all possible in our desire to evolve improvement in our college monthly. That our exer-tions have been productive of good results at times we modestly admit, but that they have likewise borne barren fruit is beyond doubt. This lack of what might have been gain under different cir-cumstances is happily explainable, and a brief indulgence in the facts pertaining thereto may avail to remove the exigency henceforth. The first great drawback during the past year has been a manifestation of indifference, or lack of co-operation. This is one reason why the MERCURY has not been as creditable to the college as we conceive it should have been. There has been a general disinterestedness in its pages. Some one may say that there hasn't been such a great deal contained within its covers tending to inspire inter-est. This, we grant, is, in part, true. But, criticising friend, if you would remedy the situation you must set to work on the cause, not the effect. As every subscriber knows, this paper is published by the literary societies of the institution, and in them as publishers it expects to find hearty supporters and loyal contributors. In-stead it has found apparently hearty non-supporters and dis-loyal contributors. True it is that the articles appearing on the MERCURY'S pages from time to time have been mostly written by society men, yet there has been no united effort or obvious interest displayed by either society on behalf of this paper's general improvement. If it succeeds, good; if not, good again. Concern in and for it is dormant, dead. The very fact that it is the organ of the societies should cause every man interested in his society to subscribe for it; should make it the duty of each and every member so to do, but, to the contrary notwithstanding, a great many members of both Philo and Phrena do not take it. They are unaware, one would think, that financial support is absolutely a requisite to the ex- 258 THE GETTYSBURG MERCURY. istence of a college journal, even if they are deaf to the fact that a large subscription list gives editorial encouragement, and will later stand for merit. But if society men themselves, by general disregard, show no disposition to aid the paper, how can we expect a new initiate to voluntarily sink a dollar in something, which from a fellow" member's action is, according to indications, a losing game; so much of money wasted ? We are not given entirely to pessimism, but inflated optimism cannot long be floated on a stream of adverse conditions. These may seem to be strong statements. So we intend them, and we believe the means justifies the end, and if we hope to continue a monthly strictly creditable to Gettysburg something will have to happen. Therefore, let us take things as they are, and try to adminis-ter an antidote. Show more interest in this paper, member of Philo, member 'of Phrena, then we will seek other means of heightening its influence. It will pay an effort so expended, both in good to the college and individual development. DEARTH OF A second salient cause for non-progressiveness MATERIAL. lies in a deficiency of material, both in quan-tity and in variety. At the present time we are generously thankful to get almost any kind of a contribution. "Anything prints just now" is a sorry statement for the editor of a college magazine. By no means do we propose to disparage the pro-ductions of those who have aided us during the past year with their compositions. To them is due our grateful thanks. The point we wish to make is simply that the staff of such a paper as this purports to be, instead of being compelled to go a-beg-ging, should have some right to choice; instead of being forced to take what it can get, it should have the privilege, to a cer-tain extent at least, of selecting what it wants. When will you give us a chance, fellow student ? And further, we should not only have more than just enough to print in each issue, but some variety. Point out the student and general reader who doesn't tire of the forced essay—that which is produced as so much task work. "Dry as punk," he THE GETTYSBURG MERCURY. 259' says and flings away the paper containing it, and thereby all that is good therein goes unnoticed and unread. Indeed, some such essays are good and commendable, but they so often lack in spirit and enthusiasm, both of which are necessary traits of a good essay. No student can write anything worth reading on a subject in which he feels no concern. He may draw out a few facts and truths for argument's sake, but that is not the substance of a good literary production. What we need is good, solid, substantial essays to start with, full of life and con-viction, enthused with the personality of the writer. Again, give us something of fiction. This is, indeed, a form of variation of which we feel the sorest need. The short story is a powerful factor in adding to the charm ot a college maga-zine's pages. The creation of a healthy bit of romance is in-vigorating to the reader and beneficial to the author. It relieves the stern ruggedness of a journal otherwise filled, perchance,, with bleak prosaic composition. Fact and fancy will mix to advantage on the pages of the college paper if intermingled in the proper proportion. And, yet more, let us have an occasional poem. Poetry lightens the soul and stirs the reader to better things. We do not reckon upon an outpouring of full-toned poetry akin to that of the masters, but we do find justification in asking for poetic sentiment in verse such as many students are, without doubt, capable of contributing. Our exchanges contain it. Are we so much farther down the scale as to preclude all possibility of anything similar? Surely not. We can have poetry, fiction, and good essays, if you will, fellow-student. FOOD FOR Our monthly can be made better and must be THOUGHT. made better. Remember that to our Alumni and to other colleges this paper is the chief measure by which they judge our literary standard. That standard must always be kept high. A college displaying but meagre literary ability in its representative magazine is certain to feel the disadvan-tageous effects. And, last of all, remember that a paper can always be improved externally as well as internally by making it more attractive and elaborate, and that a full treasury, through 26o THE GETTYSBURG MERCURY the agency of a large subscription list, is the only way to gain this end. The foregoing has been written—a large proportion of its substance not for the first time—we believe, under the impulse of the right motive. Although, as said previously, we are about to relinquish active relations with the MERCURY, we are, under no circumstances, going to cast aside all interest in it. In fact, the contrary shall be the case. Its advancement will be our pleasure, and its prosperity our lasting desire. If you will but co-operate with us, student-friend, and if we let our good inten-tions take the form of material aid, all will be well. The pres-ent stringency will slacken. The MERCURY will improve and we shall indulge a just pride in our college monthly. ^^-^-^ EXCHANGES. THE Touchstone came out in January, clothed in a pretty gray and silver cover. We noticed at the foot of the cover-page—it may have been because of its attractive appear-ance— this sentence: "Published in the interest of Literary Lafayette." A sermon would be forthcoming on a theme which that sentence suggests, were it not for certain suggestions we have previously made concerning "much speaking." We would make that theme—"The Literary College." However, all honor to Lafayette if she is as thoroughly imbued with the literary spirit as she seems to be. There is one note to which most of our exchanges seem to be keyed : the warning of literary en-thusiasm. One comes out with an editorial declaring that at that particular institution literary spirit is dead. Another is continually appealing to the student body for poems and stories and essays. Were the productions of such a magazine as The Georgetown College Jo7irnal less worthy of praise, we might notice that the same group of men are the contributors month after month, and might draw our own conclusions. But we will not preach. Let us pray the oracle to send a great revival of literary spirit (f\ THE GETTYSBURG MERCURY. 26l upon our colleges, to make them centers of American literature. May the dead come io life again ! From the unassorted heap on our desk, we pick up the Mani-ton Messenger. We are made glad, as we read an announce-ment for the February number. It does not bewail a lack of material, but it announces such interesting subject material for the coming month that one becomes anxious to see next month's issue. We are not quite so pessimistic now. The article in the January number which warrants us in our expectations is a study of the leading character in "The Mer-chant of Venice." The author's interpretation of Shylock, as actuated by love for his persecuted race, places him in a some-what new light. "Side by side with the epithets, the Avarici-ous, and the Avenger, let us place the epithet, the Martyr." In a well-written article on "Panama," a rather partisan view is taken. The story of Herbert Spencer's life, with a statement of his theory, is very clearly shown. There is, however, a lack of the short story, and the poet does not venture to show him-self. Some of the ex-men have been quoting specimens of the college man's poetry. With apologies to the ex-man of the University of Va. Magazine, we quote: "The twilight palls The shadow falls And round me like a massive shawl The night descends." Author unknown. It may be better to lack poetry than to give the poet's Pegassus a chance to roam in such a way. But the magazine which carries something of this nature has at least the credit of having variety. We wish to acknowledge a new exchange, the Brown and White. It is a sprightly paper from Brown Preparatory School, Philadelphia. We wonder what the Dickinsonian might mean in her ex^ change notes, referring to the seven articles in the December number of The Gettysburgian, which is characterized as " a mediocre college weekly." No doubt the printer is at fault. 262 THE GETTYSBURG MERCURY Last night I held a little hand, So dainty and so neat, Methought my heart would burst with joy So wildly did it beat. No other hand into my heart Could greater solace bring, Than that I held last night, which was Four aces and a king. —Tlie Courant. The author of the following effort is nameless. Perhaps sometime he may come to college, and we can only hope that that time will be soon (for his own good). " The mouth is the front door to the face. It is patriotism's fountain and a tool-chest for pie. Without the mouth the pol-itician would go down to an unhonored grave. It is the gro-cer's friend and the dentist's hope. It has put some men on the rostrum and some in jail. It is temptation's lunch counter when attached to a maiden; tobacco's friend when attached to a man." The Review, edited by the students of Washington College,, has just arrived at our desk for the first time. " Why Brer Rabbit Has No Tail" seems to be an elaborate attempt at dia-lect. There is a tendency with some of the exchanges to arrive at least a month late. The St. Johns Collegian for January is at hand for the first time in several months. The issue, how-ever, is worthy of perusal, and the short story, although not particularly interesting as offered in this issue, unites with the essay to form a well-balanced college paper. The article on " The St. John's Spirit" should stir one's blood for his alma mater. "Spirit of Old-Fashioned Roses," Breathing the air of the spring, Spirit of far-away roses, Sweet as a song you sing. Now in the dusk of the twilight, As evening softly falls, Kiss the farewell of forever, Ere the thought of forever appalls ; Touch his lips gently and sweetly As leaves touch a castle's walls. —The Haverfordian. ma® PATRONIZE Ol'R ADVERTISERS. EAGLE HOTEL Rates $2.00, $2.50 and $3.00 per day. HAS A CAPACITY OF 400 GUESTS —=. FRANK EBERHART, PROP'R. Dealer in F Picture Frames of All Sorts. Repair work done promptly. Wl will also buy or exchange any second-hand furniture 40hanibersburgSt., - GETTYSBURG, PA. Buy Your^^^^s SUMMER SUIT -_A_T-IT FITS. IS STYLISH, LOOKS WELL, WEARS WELL. CLOTHING We mean Hand~TailoPed Ready-to-uuear Nobby Dress Hats, Swell Neckwear, Fancy Shirts, Men's Underwear. YORK, PENN'A. LWatch for his Representative when he visits the College j PATRONIZE OUR ADVERTISERS. Geo. E. Spacer, PIANOS, ORGANS, MUSIC/LL MERCHANDISE Music Rooms, - York St. Telephone 181 GETTYSBURG TEACHERS! TEACHERS! Teachers wishing to prepare for Examination should write im-mediately for our Teachers' Interstate Examination Course, as taught by mail. This course is endorsed by many leading educators, and every progressive teacher who wishes to advance in their profession should begin work immediately. Address nearest office, with stamp, for reply. AMERICAN TEACHERS' ASSOCIATION, 174 Randolph Building, 1423 Arch Street, Memphis, Tenn. Philadelphia. k M. ALLrEMAN, Manufacturer's Agent and Jobber of Hardware, Oils, Faints and Qieqiwar Gettysburg, Pa. THE ONLY JOBBING HOUSE IN ADAMS COUNTY W. F. Odori, -DEALER IN^ Beef, fork. Lamb, Veal, and Sausage, SPECIAL RATES TO CLUBS. York Street, Gettysburg:, Pa. PATRONIZE OUR ADVERTISERS. ECKENEOBE & BEGKER CHAMBERSBUBG ST., Dealers in Beef, Veal, Lamb, Pork, Sausage, Pudding, Bologna, Hams, Sides, Shoulders, Lard, Prime Corned Beef. The Medico-Chirurgical College of Philadelphia! DEPARTMENT OF MEDICINE Offers exceptional facilities to graduates of Gettysburg College, especially to those who have taken a medical preparatory orbiological course. The instruction is thoroughly practical, particular attention being given to laboratory work and bed-side and ward-class teaching. Ward-classes are limited in size. A modified seminar method is a special feature of the Course. Free quizzing in all branches by the Professors and a special staff of Tutors. The College has also a Department of Dentistry and a Department of Pharmacy. All Gettysburg College students are cordially invited to inspect the College and Clinical Amphitheatre at any time. For announcements or information apply to SENECA EGBERT, Dean of the Department of Medicine, 17th & Cherry Streets, PHILADELPHIA, PA. Wright, %j \ Co. 140-144 Woodward Avenue, DETROIT, MICH. Manufacturers of high grade Fraternity Emblems Fraternity Jewelry Fraternity Novelties Fraternity Stationery Fraternity Invitations Fraternity Announcements Fraternity Programs Send for Catalogue aad Price List. Special Designs on Applicatisn THESE FIKMS ARE O. K. -PATRONIZE THEM. DO YOU KNOW WHERE The Choicest Candies, The Finest Soda Water, The Largest Oysters, The Best Ice Cream, Can be found in town? Yes, at Young's Confectionary On Chambersburg Street, near City Hotel, Gettysburg, Pa. IF YOU CALL OH C. A. Bloehef, Jeuuelet*, Centre Square, He can serve you in anything you may want in REPAIRING or JEWELRY. SEFTON & FLEMMINGS LIVERY Baltimore Street, First Square, Gettysburg, Pa. Competent Guides for all parts of the Battlefield. Arrangements by-telegram or letter. Lock Box 257. J. I. 41 Baltimore St., Gettysburg, Pa, The improvements to our Studio have proven a perfect success and we are now better prepared than ever to give you satisfactory work. TEACHERS WANTED. We need at once a few more Teachers, both experienced and in-experienced. More calls this year than ever before. Schools supplied with competent teachers free of cost. Address, with stamp, AMERICAN TEACHERS' ASSOCIATION, 174 Randolph Building 1423 Arch Street, Memphis, Tenn. Philadelphia. HELP THOSE WHO HELP US. t Tie IntereoIIeglafe Bnrean of Academic Costume. Chartered igo2. Cotrsll S^ Leonard* jPs.lba.rxv, 3NC. IT. ffiakefs of the Caps, Gouuns and Hoods To the University of Pennsylvania, Harvard, Princeton, Yale, Cornell, Columbia, University of Chicago, University of Min-nesota, Leland Stanford, Tulape, University of the South, Wel-esley, Bryn Mawr, Wells, Mt. lolyoke and the others. Illustrated Bulletin, Samples, Etc., upon request. A. B. BLACK, Gettysburg College Representative. E. A. Wright's Engraving House, 1108 Chestnut St. PHILADELPHIA We have our own photograph gallery for half-tone and photo engraving. Fashionable Engraving and Stationery. Leading house for College, School and Wedding Invitations, Dance Programs, Menus. Fine engraving of all kinds. Before ordering elsewhere com-pare samples and prices. GET THE BEST The TEACHERS' AMD PUPILS' CYCLOPAEDIA. ANEW, RELIABLE and BEAUTIFUL WORK OF KhFEKENCE in three volumes, edited by B. P. Holtz, A.M., for the homes, schools and colleges of America. It has over 2,200 pages, quarto size, is absolutely new, and treats thousands of selected topics. Many prominent educators have already recommended it for gener-al use. Sample pages furnished on ap-plication. AGENTS WANTED. The Hoist Publishing Co., Boone, lo-wa,- PATRONIZE OUR ADVEKTIZERS. FURNITURE Mattresses, Bed Springs, Iron Beds, Picture Frames, Repair Work done promptly. Under-taking a specialty. # Telephone No. 97. IE3:_ IB. ZBen.d.ex 73 Baltimore St., Gettysburg, Pa. THE STEWART & STEEN CO. College JEngrcuners and (Printers 1024 Arch. St., Philadelphia, Pa. MAKERS AND PUBLISHERS OF Commencement, Class Day Invitations and Programs, " Class Pins and Buttons in Gold and Other Metals, Wedding Invitations and Announcements, At Home Cards, Reception Cards and Visiting Cards, Visiting Cards—Plate and 50 cards, 75 cents. Special Discount to Students. d. §. ipalding & (Bros., * * OFFICIAL J» * FOOT BALL SUPPLIES Are Made in Accordance With Official Stiles. Spalding's handsomely illustrated cata-logue of Fall and Winter Sports contain-ing all the new things in foot ball will be sent free to any address. Spalding's Official Foot Ball Guide, containing the new rules. Per copy, 10 cents. How to Play Foot Ball. By Walter Camp. New edition. Per copy, 10cents. A. G. Spalding & Bros. New York Chicago Philadelphia San Francisco Host011 Luttalo Kansas City St. Louis Minneapolis Denver London, England. Baltimore MontrealjCan. I

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SEFTON & FLEMMING'S LIVERY Baltimore Street, First Square, Gettysburg, Pa. Competent Guides for all parts of the Battlefield. Arrangements by telegram or letter. Lock Box 257. J. I. MUMPER. 41 Baltimore St., Gettysburg, Pa, The improvements to our Studio have proven a perfect success and we are now better prepared than ever to give you satisfactory work. EMIL ZOTHE COLLEGE EMBLEMS Engraver, Designer and Manufacturing Jeweler, 716 CHESTNUT ST., - PHILADELPHIA. SPECIALTIES : Masonic Marks, Society Badges, College Buttons, Pins, Scarf Pins, Stick Pins and Athletic Prizes. All goods ordered through PHILIP BIKLE, JR. HELP THOSE WHO HELP US. The Intercollegiate Bureau or Academic Costume. Chartered igo2. Ootrell St Leonard, Albany, ]ST. IT. makers of the Caps, Gorans and Hoods To the University of Pennsylvania, Harvard, Princeton, Yale, Cornell, Columbia, University of Chicago, University of Min-nesota, Leland Stanford, Tulane, University of the South, Wel-lesley, Bryn Mawr, Wells, Mt. 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"\X7~e al-re/ays na-v7-e tine; sea-sons novelties, besides a complete line o£ staples at prices to tempt you, • SPECIAL CARE TAKEN TO MAKE WORK STYLISH AND EXACTLY TO YOUR ORDER. - CUill CQ. Seligman, Taiio*, 7 Chambepsbupg St., Gettysburg, Pa. R. A. WONDERS Corner Cigar Parlors. A full line of Cigars, Tobacco, Pipes, etc. Scott's Corner, opp. Eagle Hotel GETTYSBURG, PA. Pool Parlors in Connection. D. J. Swartz Country Mnce Dealein Groceries Cigars and Tokco GETTYSBURG. Established 1867 by Allen Walton. . Allen K. Walton, Pres. and Treas. Root. J. Walton, Superintendent. Hummelstown Brown Stone (Jompanij, QTT_£L.i^:R,-5r:ivd:E isr and Manufacturers of BUILDING STONE, SAWED FLAGGING, and TILE, WALTONVILLE, 1£E. PENNA. Contractors for all kinds of cut stone work. Telegraph and Express Address, I3ROWNSTONE, PA. Parties visiting Quarries will leave cars at Brownstone Station, on the P. & R. R.R. THE GETTYSBURG JIERGDRY The Literary Journal of Gettysburg College Voi,. XII. GETTYSBURG, PA., APRIL, 1903 No. 2 CONTENTS MY GUARDIAN STAR 48 C. E. BUTLER, '05. JONATHAN SWIFT AS A SATIRIST 49 HERBERT L. STIFEL, '03. THE SIGNIFICANCE OF HIGHER EDUCATION FOR WOMAN S3 M. ADA MCLINN, '04. THE BLACK SHEEP . 57 ESSAY-WRITING AS A COLLEGE DISCIPLINE . . 62 N. R. WHITNEY, '06. A SOLILOQUY 64 B. A. STROHMEIER, '06. THE INFLUENCE OF THE NOVEL . . . . . 66 J. EDWARD LOWE, '05. THE RURAL TELEPHONE 68 BRUCE P. COBAUGH, '05. SHOULD A STUDENT KEEP HIS COLLEGE TEXT-BOOKS? . 70 C. EDWIN BUTLER, '05 EDITORIALS 72 EXCHANGES " . 75 48 THE GETTYSBURG MERCURY. MY GUARDIAN STAR. C. E. BUTLER, '05. *m MiERE are spots in the far away sky *• Where the heavenly bodies stand, Like sentinels over all nature To keep the peace of the land. Here alone, great bodies are strewn And there sweeps a beautiful lake, And an angel brings a rose every night To hang as a clear silver flake. If one were to pause in the evening And gaze to the heavens all aglow, He would find there, a star, by instinct Whose secret only one man can know. This bright and heavenly body Has been placed by the hand of Fate To keep watch o'er a certain pilgrim On his journeys early and late. The Fates favor not only one, But each has his guardian star, And if you will but eagerly look Your guardian is watching from afar. 'Tis sweet to be so shielded By a Father who watches from above, For such stars are the works of his hand As our guardian angels of love. THE GETTYSBURG MERCURY. 49 JONATHAN SWIFT AS A SATIRIST. HERBERT L. STIEEL, '03. {Graeff Prize Essay.] SATIRE has been defined as criticism that searches for de-fects in order to ridicule them. Being destructive rather than constructive, it is not the highest form of criticism; in fact it occupies a low plane in the scale of literary merit. Neverthe-less, it has been a popular form of writing from the times of the Athenian Aristophanes and the Roman Horace down to the present day. At no time, perhaps, was it so prevalent as at the beginning of the eighteenth century. Those days formed a period of literary duels, personal, political, and religious, such as the world has never seen before or since. Satire, lampoon, and epigram were the weapons ; such men as Voltaire, Swift, Addison, and Defoe, were the contestants. Masters of their weapons, all of them ; able to send home their rapier-like thrusts with telling effect. Pre-eminent among them, in satire at least, stands Jonathan Swift, author, clergyman, politician and misanthrope. Many a brilliant production has come from his vitriolic pen, but none of his works contain a satire more keen than his own life. At college he was a poor student. He read much, but the regular studies of his course had no attraction for him. Mathematics and the sciences of the day were his especial bugbear. This dislike may have been the origin of the ridicule to which he subjected them later, in his "Voyage to Laputa." At times he was pinched with poverty. An extremely dis-agreeable disposition prevented his making many friends and soon lost for him the few he did have. Joseph Addison was one notable exception, however; his friendship for Swift was firm and lasting. Swift was a man of irascible passions, mis-anthropic to the last degree. Life, to his mind, was not worth living. He had a horror of old age and a desire for death which would have been pathetic had it not been so cynical and bitter. "God bless you, I hope we shall never meet again," 50 THE GETTYSBURG MERCURY. was his customary farewell to his friends. Brutality towards woman was another of Swift's traits, Esther Johnson, the subject of his "Journal to Stella" and Miss Vanhomrig, known in his works as Vanessa, were the principal sufferers. The last few years of his life were spent in total insanity. Even on his death bed the habit of satire was strong in him. With satirical intent, as he himself admitted, he willed his entire fortune to a home for incurable madmen. Of the writings of Swift, "Gulliver's Travels" is the most im-portant and best known. Nearly all of his other satires are at times licentious, indelicate, and coarse. Particularly is this true of his "Tale of a Tub," a general satire, lashing in all directions. This was one of his earliest works and though very offensive, it has been pronounced "the most powerful satire of the century." The "Drapiers Letters" and the "Battle of the Books" are also among his more important productions. In his two pamphlets written along almost parallel lines, the "Argu-ment Against the Abolishment of Christianity" and the "Modest Proposal for Preventing the Children in Ireland from Being a Burden to their Parents" by fattening and eating them, we have two of the best examples of unrestrained irony known to the English language. He is also the author of numerous political pamplets which are worthy of consideration as examples of pure, simple En-glish. Throughout all of them we can trace the unfailing vein of his satire. The style of Swift is simple, direct and even. Sentences flow naturally and easily from his pen. A child would have no difficulty in understanding the words which he uses. Originality is another "characteristic of his works. Sir Walter Scott draws our attention to this fact, claiming that Swift was more original than any other author of his period. Swift has been imitated, as in the "Travels of Baron Mun-chausen," but never did he imitate. An interesting peculiarity of his writings is his power of giving "the wildest fiction an air of realism." The characteristics and methods of Swift's satire are best discerned by an examination of his well known work, "Gulliver's THE GETTYSBURG MERCURY. Si Travels."* Here he makes the wildest invention and most grotesque humor hide a serious purpose. So well does he succeed that I have heard a college man, a Senior, declare that the work is a story for children, written with that purpose in view. The voyage of Captain Gulliver to Lilliput refers chiefly to the court and politics of England. The political parties in Lilliput, the one insisting that high heels shall be worn upon the shoes, the other equally insistent that only low heels shall be worn, are the Tories and Whigs of England. When Swift tells of the heir apparent of the country, who wears one heel high and one low, the shaft is aimed at the Prince of Wales, whose political leanings were equivocal, to say the least. The petty disputes in Lilliput as to whether eggs should be broken at the small or the big end, find their parallel in the differences of the English Papists and Protestants. Horace Walpole, Prime Minister'of England, is said to have laughed heartily when, on reading Swift's ridiculous account of the Premier Flimnap, he recognized himself. Placing the scene of the story in a country where the inhabitants are six inches high and their surroundings and deeds in proportion, only adds effectiveness. In the next voyage we are taken to Brobdingnag. The satire here is more general. Few particular references to persons or events can be discovered. The littleness and vanity of our desires and the insignificance of our pursuits are shown the more strongly by increasing them to Brobdingnagian propor-tions. The third voyage is to Laputa, and this time the scien-tists of England suffer. It is not real science which Swift de-rides, but the many pretenses and imitations of the day. Nevertheless, some pointed passages are directed against Sir Isaac Newton and the Royal Society. In the author's gloomy account of the Struldbrugs, the immortals of Laputa, we are reminded of his own indifference to life and his fear of old age. * Analysis based on notes of Rev. John Mitford ; W. C. Taylor Edi-tion, Vol. I. 52 THE GETTYSBURG MERCURY. The satire which we find in the fourth voyage is bitterly mis-anthropic and repelling. On this voyage, Captain Gulliver is thrown ashore upon an island where the horse is the superior animal and man the inferior. The picture which Swift here draws of human nature is nauseating and disgusting. The mind at once rejects so horrible a caricature. Had the "Voy-age to the Houyhnums" never been written, "Gulliver's Travels" would be a much more readable book. With all his coarseness, Swift was undoubtedly a genius. Thackeray, with all his adverse criticism, admits that he was "the greatest wit of all times ;" Macaulay claims that he was the "ablest man in the Tory party" and the "keenest observer of men and manners ;" Joseph Addison calls him "the greatest genius of his age." Of Swift's use of English, Dr. Hugh Blair says, "He knew beyond almost any man the purity, extent and precision of the English language." The consensus of opinion is that he was the greatest satirist of his own, if not of any, age. Sir Walter Scott not inaptly compares the personality of Swift to Shake-speare's description of Cassius in "Julius Caesar :" "He reads much ; He is a great observer and he looks quite through The deeds of men. Seldom he smiles ; and smiles in such a sort, As if he mocked himself and scorned his spirit. That could be moved to smile at anything." THE GETTYSBURG MERCURY. 53 THE SIGNIFICANCE OF HIGHER EDUCATION FOR WOMAN. M. ADA MCLINN, '04. "Ignorance is the curse of God. Kowledge is the wings with which we fly to heaven." IF knowledge is so significant for the uplifting of the human race and the lack of knowledge equally significant for its downfall, it is worth while to investigate it and discover in what way it means so much to mankind in general. It is through education that one obtains knowledge. Education is too comprehensive in its workings to admit of definition. This much can be said of it, however. It is an all-round de-velopment of the mind by means of which it expands and changes in character. This development guides the mind to the great realms of thought where a vast, vast expanse stretches before it. There the minds sees by-ways, roads and large avenues which lead to undiscovered knowledge. The only pass needed for traveling upon them is thought—deep, re-searchive thought; but, to speak literally, the training of one's intellectual powers is of untold value. Ask any educated per-son if he would be willing to part with what he knows. He will answer positively in the negative. It means too much to him to part with it at any price. What mean the phenomena of nature to the untaught? What does he see in the sky above him other than a canopy over the earth set with lights ? He does not see the stars as worlds revolving in the endless blue aether. What does he see in the gorgeous cloud formations and hues of dawn and sunset other than a sign of to morrow's weather ? The orchard in its dainty dress of blossom pink and leafy green means only a prospective crop of fruit. To one whose mind has been trained by thought and study these sights give inspiration, they open a new world to him, they fill his mind with glorious reflections and create within him a desire to become something. 54 THE GETTYSBURG MERCURY. To the ignorant person, the world is as an opaque mist. He can see dimly the outlines and positions of objects, but can-not define them. It is education that clears away the opacity and enables him to view his surroundings through a clear transparent atmosphere. It is in our literature that we find the greatest thoughts of the greatest minds, the most soul inspiring thought, the most beautiful songs of gifted poets. These mean nothing to the unlearned. He thereby loses all the best that the world which lived before him left him. Education gives one a constant source of entertainment and instruction. Place an educated person on a lonely island. He can do more than exist. He can find friends in the birds, the trees, in fact, in all of his surroundings. Place him in the crowded city and, because of his insight into human nature, he will be the leader of his circle. In any place, he is at home and capable. Through education one discovers what a potent force is mind—how it rules the world with its all-compelling sway. Before this development one leads, as it were, a vegetative ex-istence ; he is merely an individual—one of the many millions upon the earth's surface. Educate him and he is a person with a personal plan before him to carry out. He is a character with influence. This and much more does education mean to every human being who lives on God's earth—both to man and woman, but we shall now proceed to show what it signifies to woman, specially, in her own sphere. No one will deny that woman's mental constitution is dif-ferent from man's. Her nature is more sensitive to her sur-roundings, she requires a more ideal existence, her sense of sympathy is keener, her heart is the controlling force. To such a temperament education means more than to the more staid temperament of man. Her sensitive nature quick-ened, by such training, to a sense of the great possibilities be-fore it, will make a new world for itself. The horizon will stretch away from the four walls of the house to the great round THE GETTYSBURG MERCURY. 55 - world. To her, personally, it means a life flavored with con-tinual happiness, it is "a thing of beauty and a joy forever." It gives her the ideal existence that she needs. Instead of be-ing bound down to the hum-drum routine of her household duties, she rises above the drudgery of them. With systematic order she can arrange these duties, then lay them aside to en-joy life in a realm above the culinary department. Her tendency to be ruled by the heart is restrained, which, while most humane, is sometimes dangerous without the con-trolling power of reason. Her judgment and reasoning powers are developed. She views the questions of life with logical perception. Her sanguine temperament is brought to its proper balance and her mind in emergencies becomes calm and clear. It is the ideal existence which makes woman happy, and Ruskin says, that is what makes her lovely. It is education that gives substance to her day dreams. With clearer vision than man she grasps the ideal which stands out upon the heights of possible achievement. She listens to the low voice of duty which commands the actualization of this ideal, and with the power which the intellectual life bestows, she approxi-mates it more closely, in her daily life, than man can do. In the home it establishes her as queen. What does it not mean to a home to have an educated mother in it? Her trained faculties, combined with her innate love and sympathy, make her an ideal mother. It is safe to say that the rudeness of American children, for which unfortunately they are noted, would disappear could educated and cultured mothers be placed in all homes. To his mother a child owes his mental endowment. Review the biographies of the great men of the age. It will be found that from their mothers they inherited superior mental traits. Again to be an ideal wife a woman must have reached such a stage of mental development that she can meet her husband on any ground. Can there be per-fect congenialty and love between two minds, one of which has expanded and been broadened in its development, the other a small intellect filled with trifles ? In addition to the influence education exerts upon a woman 56 THE GETTYSBURG MERCURY. personally, and her elevation in the home, it means a great deal to her social position. One can judge the status of a com-munity by the women he finds in it. Woman rules the social world about her. Every one will acknowledge that it is desir-able to live in a community of some standing and culture. Then he must acknowledge that it is necessary to have the women educated who live in the community. An educated woman will have no time for petty gossip and slander. And by conversing with her one will gain more than mere diversion. It gives her presence, assurance and tact in her intercourse with others. If one wishes to know what education has done for woman previous to this, let him note the changes in her condition and in the condition of the world, since the time when she was de-nied the privilege of learning even so much as the alphabet. Education enables woman to help man directly and indirectly in his work in the world. It was Psyche, in Tennyson's "Princess," who in speaking of this union of the minds of man and woman, said with prophetic voice: "Everywhere Two heads in council, two beside the hearth, Two in the tangled business of the world, Two in the liberal offices of life, Two plummets dropped for one to sound the abyss Of science and the secrets of the mind." This combining of the two minds she expected to see brought about by woman's being educated apart from the world. We are seeing her prophecy fulfilled, not by woman's exclusion from the world, but by her mingling with it, and being edu-cated to dwell in it. In this way she is becoming an interesting factor in the world's history, while at the same time she is becoming a womanly woman, full of charm, and ready to fill any place where the world needs her, be it within or without the home. THE GETTYSBURG MERCURY. 57 THE BLACK SHEEP. IN his library, one December night, an old man sat watching the flames as they leaped higher and higher in the old fireplace, each one seeming as though it were trying to reach a greater height than its fellow. His head rested in his hands, and on his face was a look of sadness, such as might have been produced by some mental agony. If the old man's face could have been seen, a tear would have been noticed trinkling down his old, wrinkled face. He might, perchance, be recalling the dark days of his life. For no life, no matter to what height of perfection it has attained, but has had its hours of temptations and darkness. Outside the winds howled and moaned. The snow flew in clouds. A fierce winter's storm was raging. The streets were deserted except for those whom business compelled to be abroad on such a night. Yes, on such a night the home was the Mecca of all pedestrians. The old man continued to sit in silence until he was aroused from his musings by the opening of the door into his den. And turning around he beheld his daughter in the doorway. She was a woman of perhaps twenty years of age, not to say beautiful; but her face had that in it which makes one feel at once that he has found a woman of noble character. One whose life was filled with noble sentiment and pure thoughts. "You wish to see me, father?" she asked, approaching the old man. "Yes, my dear," replied the old man, raising his head, "draw a chair up to the fireplace, I wish to talk to you." While she was doing as her father directed, the old man's head was again in his hands and he seemed lost in thought. She sat for some moments in silence, waiting for the old man to speak, but he did not move. At length she ventured to say, "I am still here, father." Without seeming to notice her remark the old man began : "Nellie, I have always been a good father to you, haven't 58 THE GETTYSBURG MERCURY. I ? I have always done all for you that I should ? I was always good to your mother before she died? I never brought disgrace or sorrow to our home ? We were always happy, we three ?" "Why, certainly, father, why do you ask ?" his daughter questioned, in some surprise. "Because, my daughter," the old man resumed, "I feel that my life is almost at its close; that my race is almost run." "Don't talk so foolish, father, you know that you will live many years yet." "Ah ! my daughter, I wish it were so, but I know it cannot be. And before I die there is something which I must tell you. Something which only myself and my God know, yet I feel, my darling, that when I have told you that you will turn away from your poor old father in disgust. You won't do that, Nellie ? Say that you won't do that." And the old man stretched his hands appealingly toward his daughter. "You have always been true and noble to me, father, and whatever you may have done I am sure that I will love you still," replied the girl taking the old man's hands in her own. They sat in silence for some moments but at length the old man began: "Having started out in life under favorable circumstances, it was not long until I had made a name for myself. At a quite early age I became cashier in the bank then run by Howard & Rawlston. My mother and father were proud of their son. He was an honor and joy to them. Soon my name became a by-word for honesty and integrity. But not so with my elder brother Dick. On the contrary, Dick was a wild sort of a chap. The old folks never mentioned his doings excepting when things had gone so far that we could not bear them any longer. Time after time father had gotten him out of one scrape only to find that he had gotten into another. At last it came to a crisis and when father had given poor old Dick his last chance, he ignominiously failed. Then father left him shift for himself. I really pitied my brother often, believing that we THE GETTYSBURG MERCURY. 59 did not fully understand him. For I knew that at heart he was a noble fellow. " Year after year glided by, during which I met your mother and our friendship was eventually consummated in our happy marriage. At length, one day, I was shown a chance by which I might make my fortune. I invested. Then came the crash. What should I do ? I needed money. An idea came to my mind, but I would not listen to it. No, I had lost my all but I was still honest. " Oh ! how many sleepless nights I spent. Oh ! how many days of torture I lived through, no one will ever know. And then to cap the climax you were born. There were three mouths to feed now, what should I do? After much delibera-tion I resolved to give way to the thought which had come into my mind, and make of myself a criminal. I was surprised to see with what complacency I arranged my plan. Really, I was astonished with myself. " I waited with impatience the fatal day. It came at last, bringing with it rain and a high wind. A very suitable time for my opprobrious project. After the business hours of the day were over I went home, ate my supper, and told your mother I must go out on business. This being a frequent oc-currence did not surprise her in the least. 'About midnight, muffled in a long coat, I made my way to-ward the bank. The rain was falling fast. No one was on the streets. All the better for me. At length I stood on the bank steps; my heart almost failed me. No, I would not turn back, I had made my resolve and would stick to it. I took out my keys and soon had the door open. It was only the work of a moment to get to the safe and open it. Quickly taking out ten packages of bills, each containing ten one thousand dollar bills, I put them into a bag which I had brought with me for that purpose. Ah, I was rich once more, but the bank! The bank was ruined, but what cared I for that, I had gone too far to turn back. The bank must look out for itself. "In a few moments I had the safe closed and was soon on the outside. I hastily looked up and down the street. No one 6o THE GETTYSBURG MERCURY. was in sight. I started quickly up the street. Soon I was at the corner and just as I turned around it I bumped into a man coming in the opposite direction. He muttered something about people looking where they were going. We looked at each other, my God! It was my brother Dick. He did not apparently recognize me, or if he did he did not care to let me know it. "I was soon at home and after having put the bank notes in a safe place turned to my bed to spend a sleepless night. ******** "The next day the town was wild., The robbery had been discovered. The bank was on the verge of ruin. Detectives were sent for, but they could find no clue. The robbers had left not the slightest trace of their identity behind. "A few weeks after, one of the parties believed he had traced the crime to me. He as much as told me that I had done it. What should I do ? Was all my work for nothing ? I must prove an alibi by all means, but how ? That was the question. "The directors of the bank were in meeting. I was there against my will. I was to prove to them that I had had no connection with the robbery whatever. If I failed in this I should be handed over to the authorities in the morning. I was almost frantic with fear. I believed myself lost. I had been away from home that night and they knew it. Try as I would, I could not think of any plausible thing to tell them. "Many questions were asked me, and I was given a chance to prove that I was not near the place of crime. But it was of no avail. I could not do it. I was doomed. At length Mr. Howard arose and looking squarely at me said, 'John Gilford, we have given you a chance to clear yourself. You have failed. Yet you stoutly maintain your innocence. We wish to believe you. I wish to God I could do so. But if you are not guilty, who is?' "Not a sound was heard. The perspiration was trinkling down my face in large drops. The fatal moment had come. THE GETTYSBURG MERCURY. 61 All eyes were riveted upon me. I resolved to confess, to tell them all. I was just about to answer when 'I am' came the answer in a clear and distinct voice. We all turned and there standing in the doorway was a man, worn and haggard-looking, and that man was my brother Dick. "I tried to see Dick during the trial but he would not let them admit me to see him. All too soon the trial was over, and Dick was sentenced to twenty years in the State prison. But the poor boy did not last long. The next year we buried him in the cemetery on the hill. He had fallen a victim to typhoid fever, contracted shortly after he entered the prison. "My darling, what years of torture I have gone through since then no one can realize. What remorse and anguish have filled my soul God alone knows. But I was a coward then. I could not confess and clear him, and Dick, poor boy, did it for myself and your mother. He loved your mother, Nellie, and he would not see her disgraced." The old man in his earnestness arose, stretched his hands toward his daughter : "You forgive me my child ? You will love—you will love—me—still ?" He tottered and fell to the floor. Quickly his daughter was by his side. "Speak to me, father," she cried, "speak to me." She felt at his heart. It had ceased to beat. No, he would speak no more. He had gone to his God. His race was run. He had gone to join the Black Sheep. w. A. G. 62 THE GETTYSBURG MERCURY. ESSAY-WRITING AS A COLLEGE DISCIPLINE. N. R. WHITNEY, '06. THE end for which men come to college is to gain a lib-eral education. To attain this end it is necessaiy to make use of some means besides that of poring over text books. These means are to be found especially in literary-work. This must not be understood as implying that the knowledge gained from text books is of secondary importance. On the contrary such knowledge is of primary importance, for one must have thoughts worthy of utterance before he begins to write; and the knowledge gained from a course of study is such as to suggest these thoughts. Besides text books we have access to another source of in-formation. This is found in the reading of good literature. When a person reads a book properly it is not the thoughts of the author that impress and benefit him so much as it is the ideas suggested to him by the book, but enlarged and converted into thought by his own brain. We never truly appreciate a book or its author until we possess ourselves of the facts he had and then strive, by our own mental powers, to arrive at the same conclusions at which he did. Reading, in addition to furnishing thoughts, will give one an ideal of the proper literary form and thus serve a two-fold purpose. The ability properly to express one's thoughts is an accomplishment of no mean worth and will be found of great value in whatever occupation he may engage. Language is but the garment of thought. Good taste is just as evident in the selection of language as in dress. It is man's nature to wish to communicate his joys and his sorrows to others. His joys are never half so enjoyable as when shared with others, and his sorrows never so heavy and depressing as when borne alone, hidden in the depths of his own heart. So in all his experiences he feels the impulse to communicate them. Language, either written or spoken, is the means by which he makes known his innermost feelings THE GETTYSBURG MERCURY. 63 and desires, hence we see the value of this practice in express-ing thought. The ability to communicate with others is not restricted to man alone. The lower animals also have some means of communicating with others of their kind, and as we advance in the scale of intelligence and civilization this means of intercourse becomes more perfectly developed. In fact we have come to gauge the degree of the civilization of a people by its literature. In studying the history of the Middle Ages we regard the revival of learning as the chief instrument or agent in dispelling the darkness of ignorance and superstition, and awakening the human mind from its long sleep to witness the dawn of a new day in the world's history. The expression and progress of this intellectual revival is found in the literature of that period. Thus literature is synonymous with enlighten-ment and education. This being true, practice in literary work is a necessity to a liberal education. Exercise in this branch of college work will gain for one the habit of thinking logically and of arranging his thoughts in the most effective manner. It will increase our vocabulary and improve our diction. The reading necessary to this work will enlarge our fund of general information and develop the aesthetic side of our nature. If one attempts to write a descriptive article, the necessity of observing more closely his surroundings will be forcibly impressed upon him—it is truly amazing how little one sees in comparison with what there is to be seen all around him. Thus, looking at the matter from every side, one must be conscious of the great benefits to be derived from this work. It is true that it requires a great deal of time and effort, but the results will prove it to be a profitable investment. Bacon has said, "Reading maketh a full man ; writing an exact man," to which we might add, and together they make a liberally edu-cated man. 64 THE GETTYSBURG MERCURY. A SOLILOQUY. B. A. STROHMKIER, '06. TEJTAVE you ever been off with a college team— ■^■*- With a basket-ball, base-ball, or football team, When your spirits were high and your heart was light, And your soul bubbled over with hopes all bright? Say, have you? Have you ever thus gone from your college home Like the legions that marched out of ancient Rome, Full of confidence born in a brilliant past, Gone to war with a foeman that stands aghast? Say, have you? Have you entered the land of the foe and felt All at once, at Uncertainty's shrine you knelt, When you heard the wild crowd giving hostile cheers And the young vulgur rabble hurl stinging jeers ? Say, have you? Have you girded your lions for the coming fray Thinking still that your prestige will win the day ? Have you heard the shrill, referee's whistle blow When, relieved, in to conquer or die you go? Say, have you ? Then alas! has your prestige and fame dissolved Like the mist into air by the sun resolved ? Have you lived not to glory, but groan.in pain, While the ignoble foe sings the victor's strain? Well, I have. Of a truth it is bitter to taste defeat; It is sweet to be feared as unconquered, unbeat. But in all the wide world, and in any age Who can find such a one writ on history's page ? Say, can you,? THE GETTYSBURG MERCURY. 65 When Ambition appeared, then great Caesar fell; It was Carelessness sounded vast Rome's death-knell; And Napoleon met with his Waterloo When he least was afraid. Can it be it's true ? Say, can it ? Then remember the lesson, and hold it tight: It is power not prestige that wins the fight; And defeat now and then is a wholesome thing That conceit, too high flown, back to earth will bring, For a man's but a man, that withal he's done, Though there's many a man thinks he's more than one. Say, do you ? THE YOUNG SINGER. He sang the charge song of the Guard A mad, wild fever seized me. He crooned a mother's cradle-song ; What far fond dreams it weaved me ! With bursts of laughing opera airs Tumultuously he'd wake me; And through a flaunting Gypsy dance His tripping voice would take me. He sang of love, my blood caught fire, For lo ! soft hands caressed me. He sang of death ; a calm cold breath With mystic power oppressed me. He sang, but now his voice is still. Why should his memory grieve me? For in the spirit of his songs He lives, he ne'er shall leave me. —The Monthly Maroon. 66 THE GETTYSBURG MERCURY. THE INFLUENCE OF THE NOVEL. J. EDWARD LOWS, '06. THIS is an age of education, and the present generation is a generation of readers. Illiteracy, at least in the most pro-gressive countries, is no longer the rule, but the exception. Since education has become so general, it is hard to find a man, who has gone beyond the purely elementary stage of mental train-ing, who is not somewhat familiar with the literature of his mother-tongue. There is a class, often referred to as the read-ing public, who compose the material for the newspapers, magazines and books. Since literature is a subject with which so many are inter-ested, it might be proper to inquire what particular branch of literature is the most powerful and far-reaching in its effects. The answer, I think, is not hard to find ; it is the department of prose fiction. It will doubtless be readily considered that the novel is at least the most popular kind of writing. There are reasons for this. For to appreciate poetry properly often requires no small degree of culture, if not, indeed, a special cast of mind. Not every-body enjoys reading history, be it ever so graphi-cally portrayed. There are few who do not enjoy reading a good story and who cannot appreciate, in some degree at least, the work of a master-hand in this department. Who does not follow with breathless interest the vivid narrative of Scott ? Who does not laugh at "Mr. Pickwick," the inimitable creation of Charles Dickens ? Or again the vividly portrayed story of "Rip Van-Winkle," written by Washington Irving? It is safe to say that ten novels are read to every volume of poetry; a hundred to every volume of history. One great reason for the popularity of the modern novel is its realism. It is in this respect that it is so very different from its prototype, the romance of the Middle Ages. The hero of the Medieval romance was generally a king or knight, an impossible creature, who was the very embodiment of virtue and bravery. En- THE GETTYSBURG MERCURY. 67 chanted castles, witches, ghosts and spectres played a promi-nent part in the plot. These went to make up a story so fan-tastic that it could have appealed to minds only the most imaginative and credulous. The modern novel, on the contrary, is decidedly realistic. "Robinson Crusoe," by some called the first English novel, is so well composed, that it is often hard to convince a boy. who reads Defoe's celebrated story that it is not gospel truth. Every cause can be best judged by the effect it produces and,, judging the influence of some of the world's greatest novels bjr the results they have achieved, it is beyond doubt that they have been most potent factors in the great work of moral re-form, and social progress. It was the publication of Dickens' "Nicholas Nickelby," that opened the eyes of the English people to the abuses existing in the public-school system, and its direct results was a radical change in that system. In "Oliver Twist" the evils in the system of poor-relief were pointed out. We turn to the United States, for the most re-markable effect a novel has ever produced upon the public sentiment. That novel was "Uncle Tom's Cabin," which a prominent Southern writer recently asserted was the cause of the Civil War. This may seem a little far-fetched, but it was at least one of the causes of the awful conflict between the North and the South. It has been predicted by certain writers, that there will come a time when the novel as a form of literature will cease to exist. They think that eventually everything in the form of a plot will have been so completely worked out that the new will be only a repetition of the old. This, it seems to me, is a foolish view. Solomon was doubt-less correct when he said, "There is nothing new under the Sun." But the fact remains that there have always been minds that could present the old in a new and attractive form. When the military hero has ceased to win the admiration of the ap-plauding millions ; when all the world has ceased to love a lover; when, in short, the human mind has lost the faculty of imagination; then, and only then, will the novel cease to live. 68 THE GETTYSBURG MERCURY. THE RURAL TELEPHONE. BRUCE P. COBAUGH, '05. THE telephone is one of the great factors of modern pro-gress. Now, it is a noticeable fact, and a deplorable one too, that, while miles of telephone lines stretch across the country, the farmer seldom avails himself of the benefits afforded by the telephone. Nor is it wholly through ignorance that he does not do this, for any intelligent man must recognize the usefulness of the 'phone; but the farmer must consider the cost of the telephone service, and in the stock companies the yearly rate is so high that he cannot well afford the expense. What the farmer needs is a line that will connect him with the market, and his neighbors as well, at a moderate expense. The question of the rural telephone has been successfully solved by the mutual company. By this is meant the entire ownership and operation of the line by the subscribers. In order to show that mutual control of a line is practical, the writer will state a few facts concerning a mutual line with which he is familiar. This line has been in operation for several years and has given good satisfaction. The residents of a certain community held several meetings to discuss the necessity of a telephone line. It was agreed that the telephone would be of advantage but that the cost was too great. This was based on the offer of a stock company, which proposed to place 'phones in the homes at a yearly rent of fifteen dollars each. This led to the suggestion of a cheaper method: the mutual control of the line, and accordingly a company of twenty subscribers was organized. The members of the company did as much work as possible in the construc-tion of the line, thereby restricting the cost to the minimum. The line when completed was ten miles long and connected a small town to a larger one. The total cost of construction of the line was twelve hundred dollars, or an average of sixty dollars per member. But new members were added at once and so the cost was lessened THE GETTYSBURG MERCURY. 69 greatly. Each member paid eighteen dollars in cash and the remainder in yearly payments of six dollars each till the line was paid for. At the end of his payments the subscriber owned a full share in the company and his 'phone as well. The yearly cost of operation was found to be not over two dollars per member. The line has later been extended by con-nection with another mutual line and by a rate free exchange of connection with a good stock company. The necessity of the 'phone is clearly shown by its many advantages. It brings the farmer into close touch with the markets. He can keep track of the fluctuating prices of pro-duce by ringing up his home dealer, for the business men are generally connected with a farmers' line. In this way some men have saved more than the cost of their 'phone. Then the telephone brings the people of a community into close contact. The farmer finds it rather more convenient and more pleasant to sit down to his desk and speak with his neigh-bor than go a mile to borrow an implement only to find it in use. Formerly it was a half-day's work to procure hands for threshing. By use of the 'phone it is done now in an hour. And in procuring assistance for all kinds of work, the 'phone is especially useful to the farmer. But we should not omit the social intercourse which the 'phone affords the farmer's home. This is probably one of the greatest advantages of telephone service. No need of braving a winter storm to inquire about the health of a sick friend. One great advantage is yet to be named : it is the time which the 'phone saves in summoning a physician. All physi-cians within reach of the line are connected with it. In many cases they have arrangements for night calls. The time saved in their arrival may save the-life of many a sufferer. These are only a few of the advantages of the rural telephone. Others could be named which would prove further the profit-able use of the 'phone and the comfort and pleasure as well which it affords the home. The farmer can well consider him-self fortunate in having the 'phone, by it a comparatively isolated life has been socially strengthened through a ready means of intercourse. 7o THE GETTYSBURG MERCURY. SHOULD A STUDENT KEEP HIS COLLEGE TEXT BOOKS ? C. EDWIN BUTI,ER, '05. THIS is a question every college man must meet, and that very early in his college course. Comparatively few men go through a course of four years at college without pur-chasing a number of text books. Everyone knows the neces-sity of them for a successful study and research, and if it is so essential to have them during the college life, why should they not be just as necessary afterwards, or what is the reason for parting with them ? There can be only one of two reasons : either the student has no use for them in later life, or the money he gets for them—which is generally a very small sum—is of more value than the books themselves. If it is proven that a student has need, and great need, of his books after he leaves college; and if it is proven that they are of greater value to him than any price he can obtain for them, then is it not clear that a student should keep his college text books ? It is the prevailing custom of the human race to have friends. Each person, no matter of what degree or station in life, enjoys the companionship of certain friends. Whether he be a doc-tor, minister, statesman, or common day-laborer, they are as necessary to his peace of mind and contentment as food and clothes are for the body. And what are books to the student, but friends? They help him over the rough places in his course and stand by him in all his need and labors. What he does not know they tell him. When he chances to go astray, they put him on the correct path. Verily, they are friends indeed as well as friends in his need. At least it does one a great deal of good to think of them as such. While seated in the class room many little notes and marks are made in those books that in later years are found to be a source of fond recollections. The memory of them will float through the mind as sweet incense. Hence they would be THE GETTYSBURG MERCURY. n worth the keeping for old times' sake, if there were nothing else to enhance their value. It matters not into what profession you enter, your college text books will prove themselves friends to you at many times. You will have need of them. Being thoroughly acquainted with their contents you can very readily turn to any subject which may have escaped your memory and refresh yourself in half the time and with thrice the ease you would find by con-sulting any other book. And back of it all, you have the authority which you have been prepared so well to defend dur-ing all your college course. The cost of college books now compared with former days is so small that the student of moderate means finds it within his power to retain them even for his whole life and then hand them down to his children, from whom they could not be pur-chased for ten times their value. When you purchase your text books you pay full value for them, and if you sell them to another student, you cannot receive more than that, and gener-ally but half as much. ' They have become endeared to you by frequent use, and like old friends you dislike parting with them. The price you paid for them is incomparable with the value of them to you now. Even should you never have any cause to use them, are not the recollections they recall worth the cost? Any man who should dare to insult you by offering to buy your friends would receive a blow from you that would com-pensate him in full for his audacity. Why then should any college man misusing or offering you a mean price for your books not receive as much or more? Fellow-students, keep your text books ! Under no circum-stances barter them away for a mess of potage. They will prove a monument of pleasure more enduring than brass and which the countless succession of years cannot wear away. You will love them in later years as you do no other books, and curse the hand that dares to misuse them. Honor your college career, your library, and your home, and take with you the joy and comfort of your old age, which may be found in your books, and which treasures should not purchase from you. THE GETTYSBURG MERCURY Entered at the Postoffi.ce at Gettysburg as second-class matter Voi,. XII GETTYSBURG, PA., APRIL, 1903 No. 2 Editor-in-ch ief LYMAN A. GUSS, '04 Exchange Editor M. ROY HAMSHER, '04 Business Manager F. GARMAN MASTERS, '04 Asst. Business Manager A. L. DIHENBECK, '05 Associate Editors M. ADA MCLINN, '04 BRUCE P. COBAUGH, '05 C. EDWIN BUTTER, '05 Advisory Board PROF. J. A. HIMES, LITT. D. PROF. G. D. STAHI,EY, M.D. PROF. J. W. RICHARD, D.D. Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance; single copies 15 cents. Notice to discontinue sending the MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Busi-ness Manager. Articles for publication shoidd be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. ■ THE REASON WHY EDITORIALS. Scientists tell us that in this world of ours all is strife. Of all the forces in the universe every one is antagonistic to every other. The domin-ating and controling are eternally being opposed by the minor and subordinate. All is constant strain. In the physical world the animating energies of nature are continually work-ing counter to one another. Although there is interpenetration yet there is resistance. In the lowest forms of life, in the smallest microcosms, there is unrelenting conflict. In a higher grade we find the same warfare exemplified in the continued existence of the most capable. Finally the antagonism finds its culmination in the great struggle for existence common to the race. THE GETTYSBURG MERCURY. 73 Even as this is the climax, so it is likewise the point of demarcation. Success now crowns the efforts of the strong ; failure those of the weak. Success! That for which all men hope. Strength ! The means by which they attain it. The latter is the cause, the former the effect. The inference is ready. The effect is the necessary consequential of the cause, but let it not be supposed that the strength incident to success is that typical of a Cyclops, or that symbolic of a Hercules. Rather it is that kind which has been evinced by the master-minds of all ages—intellectual strength. And this is the reason why men go to college ; to attain intellectual power, to cultivate brain-energy, to discipline mental vigor, to learn to appreciate the good, the beautiful and the true, to exalt their being in every way tending to symmet-rical development and, in short, to bring out all that is worth the effort in self. But too often, alas, do college men fail to realize the vitality of their situation; they neglect to seize circumstance and to clinch with time, pregnant with the possibilities of future great-ness. Too frequently is the collegiate life considered one of imposing task work, a mighty preponderance of labor over-shadowing the student. Hence his constant aim is to elimin-ate it, not by conquering it, in which case the law of compen-sation yields ready returns, but by shirking it, whence comes only a void which the craving of later years will seek in vain to satisfy. Instead of surmounting obstacles he shuns them, instead of trodding boldly over the rocky places he rides over them, while his companion plods. But the tortoise beat the hare at the finish. This is the reason why some college men are, and forever will be, in the great but glorious struggle for existence. Their lot must ever be commonplace. They can-not rise above the common level of humanity. The scholar must overcome, not surrender, must conquer, not submit, and must take advantage of all advantages. As Winter, with his cold and stormy winds takes his departure, Spring appears before us in all the beauty of awakening life, and if there is one place especially favored with a beautiful Spring-time it OPPORTUNITIES OF SPRING. 74 THE GETTYSBURG MERCURY. is the country surrounding Gettysburg. Not only do the climate and natural contour of the country with its hills, woods and creeks make it pleasing, but the avenues over the battle-field furnish ideal walks for recreation hours. For the lover of natural scenery this country furnishes a magnificent prospect with charming color effects. To the botanist it gives a most varied flora. The country is also full of birds. Many rare kinds may be found by the close observer. One of the stu-dents has counted thirty different kinds of birds from his win-dow already this Spring. For the student of geology the land formations will repay any attention given them. And if one unfortunately should have no taste for any of these things he can at least study the history of his country in the many mon-uments and tablets erected over the battlefield. Rarely does one find a place so inviting to the man who wishes to increase his store of general knowledge; and these delightful spring days furnish time to make use of the opportunities. Instead of a spring fever that gives one a desire to loaf and neglect all his work let him contract a fever for making use of what Gettysburg and her surroundings offer him in the above men-tioned lines. THE TRUTH FOR In all colleges there exists a spirit of mis- ITS OWN SAKE, chief and diablerie. No college is without it; none can be without it. It is peculiar to the college world. As such it can scarcely be called an infection, yet it is in the atmosphere, and may be said to be an all-pervading character-istic of every collegiate community. The infusion of this unavoidable, yet not always desirable, element in the student body often finds its manifestation in some overt acts on behalf of its most arduous enthusiasts, rang-ing even from the quite insignificant to the violent, but for the most part in our own college this diablery has existed only in a dormant state, and its most ostentatious expression has been, excepting extremely rare cases, of a mediocre kind. Therefore, when in its mild form it so impels a few students to commit a mischievious act of harmless and unimportant con-sequences, resulting in nothing but a slight inconvenience to THE GETTYSBURG MERCURY. 75 the usual routine of college affairs, why should it be enlarged upon to such proportions and amplified to such an enormity as was the case in the recent chapel disorder? Such misstatements as appeared rife and rank in the city papers a few days ago cannot help but redound to the degredation of the good name of the college. May not our reporters be more considerate in noting details? May we not have more of the truth for its own sake ? ALUMNI REUNIONS. As the spring term opens we gradually be-come aware of the approaching end of the collegiate year. Then naturally our minds turn to the events which always take place at such time and the abundance of pleasure derived from their occurrence. In other words, we begin to think about commencement and its attendant circum-stances. This time is undoubtedly the most enjoyable time of the year, but its success is only made possible by the presence of the students, in the first case, and by the alumni, in no less degree, in the second. One of the best means perhaps of per-suading the congregation of a large -number of alumni is by class reunions. The class spirit never dies out in the breast of the college man, and if he can come to his alma mater with the expectation of meeting old-time friends and class-mates, the chances of his coming, no doubt, will be greatly enhanced. The class spirit, redoubled by the college spirit, would certainly act as a powerful stimulus or persuasion in inducing the alum-nus to visit the scene of his college days. It is to be hoped that we may have several class reunions at least during the coming commencement week. Now is the time to arrange for them. EXCHANGES. The editor of the average college literary monthly is usually at a loss for material to make the magazine truly interest-ing to all its readers. Several of our exchanges seem to have struck the proper means of awaking interest, in publishing 76 THE GETTYSBURG MERCURY. articles on travel and foreign lands, written by recent graduates. "Random Sketches" in The Otterbein Aegis was written by an alumnus travelling in Europe. The Swarthmore Phoenix contains an article on "A Journey to the Second Cataract of the Nile" and another on "University Life Abroad," written by a graduate of Swarthmore, who had taken a course in the Ger-man Universities. Such contributions certainly add to the in-terest and value of a college monthly. There is the danger, however, that the true object of a college paper, which con-sists in securing literary contributions from the students, may thereby be neglected or forgotten. The Pharetra comes out in a very pretty blue and white dress with the representation of a demure college maiden on its cover page. We find several delightful storiettes in the last number; and may say that the paper is characterized by a general tone of pleasantness rather than by any philosophic traits. "Tell a tale of troubles March wind and April rain, Second term has ended Marks are here again— Sing a song of quizzes, Are we to take them all? Reports they'll soon be reading, How great may be the fall!" —Maryland Collegian, The Mountaineer has again devoted the greater part of her exchange column to a pleasant criticism of our former editor. We agree with one of our exchanges in saying that our col-league of Mt. St. Mary's should not have blamed the MERCURY representative for words that were not his; and that he should reconcile his preaching with his practice. We sincerely hope that our "smoky" (?) article will cease to inflame the wrath of our neighbor. May we add our regrets that The Mountaineer of last month has not arrived in time to be reviewed. Among the influences that tend to corrupt our speech there is none more pernicious than the play upon words. It is with THE GETTYSBURG MERCURY. 77 some surprise then, that we find an article entitled "A Defense of Shakespeare," in one of the college papers, which ends with the following paragraphs : "In the second place, why should anyone who loved the name of BACON SO lose all sense of his own dignity and all respect for his own good name as to give a play of "his own make" by the name of "Ham-let." "Now I hope I have made myself clear and vindicated my client. If I have not, this has been 'Love's Labor Lost'— yea, even more ! it has been 'Much Ado About Nothing.' This, however, is a serious matter; it is no 'MidsummerNight's Dream' but a plain 'Winter's Tale.' Take it ^As You Like It' but remember All's Well That End's Well.' " EASTER LILIES. Sweet emblems of a purity unknown to earth, They wake the soul of man to aspirations fair, And fill the palace—aye, the cot of meanest worth— With fragrance like the incense of an angel's prayer. So fragile all, so weak, they seem a tempting prey To every hostile gale—each hand untaught of ruth; But ah ! the spoiler e'en should know that in the day That beauty dies, the world must die to love and truth. Fit consorts these of faith and prayer and holy praise; Mute worshippers and witnesses of Him above, Whose skill can wed to matchless glory simplest grace, And veil in wondrous art the mysteries of love. —University of Va. Magazine. The Monthly Maroon has a poem to Robert Louis Stevenson as its frontispiece. One of the best features of this number is the well-written paper on Stevenson, depicting the life and character of this Scottish author. "Unto the End" is a beau-tiful story; the author portrays an ideal love which seems none the less real for its beauty. Some of the shorter stories are of a bravado character, but "The Cub-Errant" depicts a phase of college life seldom represented. 78 THE GETTYSBURG MERCURY. Quite a number of the exchanges this month contain "Char-acter Sketches" of different great men or characters in fiction. We refer the reader particularly to "Francis Parkman : a Study-in Success," in the Nassau Literary Magazine ; and "Mr. Jack Hamlin," a study of one of Bret Harte's heroes in the College Student. This is a most commendable kind of essay-writing, and every student should try his ability along this line. The Medico-Chirurgical College of Philadelphia, DEPARTMENT OF MEDICINE Offers exceptional facilities to graduates of Gettysburg College, especially to those who have taken a medical preparatory or biological course. The instruction is thoroughly practical, particular attention being given to laboratory work and bed-side and ward-class teaching. Ward-classes are limited in size. A modified seminar method is a special feature of the Course. Free quizzing in all branches by the Professors and a special staff of Tutors. The College has also a Department of Dentistry and a Department of Pharmacy. All Gettysburg College students are cordially invited to inspect the College and Clinical Amphitheatre at any time. For announcements or information apply to SENECA EGBERT, Dean of the Department of Medicine, 17th & Cherry Streets, PHILADELPHIA, PA. tfrjp, \\ \ Co. 140-144 Woodward Avenue, DETROIT, MICH. Send for Catalogue and Price List- Special Designs on Application, Manufacturers of high grade Fraternity Emblems Fraternity Jewelry Fraternity Novelties Fraternity Stationery Fraternity Invitations Fraternity Announcements Fraternity Programs PATRONIZE OUR ADVERTISERS. ^m«*mw«««w*«»mw*««««w«m«*«w««««« AMOS ECKERT Latest Styles in HATS, SHOES AND GENT'S FURNISHING .Our specialty. WALK-OVER SHOE AMOS ECKERT Prices always right The Lutheran puMigfjing {louse. No. 1424 Arch Street PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Col-leges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and devel-op one of the church institutions with pecuniary advantage to yourself. Address H. S. BONER, Supt. FAVOR THOSE WHO FAVOR US. E.C.TAWNEY Is ready to furnish Clubs and Boarding Houses with . Bread, Rolls, Etc., At short notice and reason-able rates. Washington & Middle Sts., Gettysburg. Shoes J^epaifed J. H- BAKER, 115 Baltimore St. near Court House. Good Work Guaranteed. J. W. BUMBAUGH'S City Cafe and Dining Room Meals and lunches served at short notice. Fresh pies and sandwiches always on hand. Oysters furnished all year. 53 Chambersburg' St. mm mmm m m. 3 :V\= :**: :\*= A*= A*: - : -\\= A\= A^ -V*: =VX= I U-PI-DKE. A new Co-cd has alighted in town, U-pi-dee, U-pi-da! In an up-to-datest tailor-made gown.,U-pi-de-i-cla ! The boys are wild, and prex is, too, You never saw such a hulla-ba-loo. C HOKUS. — U-pi-dee-i-dee-i-da! etc. Her voice is clear as a soaring lark's, And her wit is like those trolley-car sparks ! When 'cross a muddy street she flits, The boys all have conniption fits 1 The turn of her head turns all ours, ton. There's always a strife to sit in her pew; 'Tis enough to make a parson drunk, To hear her sing old co-ca-che-lunk ! M The above, and three other NEW verses to U-PI-DEE, Cl/fl antl NEW WORDS, catchy, uo-to-date, to many Tl others of the popular OLD FAMILIAR TUNES; be- Ph> sides OLD FAVORITES ;nnd also many NEW SONGS. fTff SONGS OF ALL THE COLLEGES. jfbji Copjriciit. Price, $r.jo, postpaid. IPOO. ULU HINDS & NOBLE, Publishers, New York City. ! ff ff Schoolbooks of all publishers at one store. } n*pv7 r«z A*: **= Act= :\*r :**= z\^= =«r =**=^A\= r _C^_JC^ JC J^ _c _e^ _c^ i m PI mm PI PI mmm PI 50 YEARS' EXPERIENCE TRADE MARKS DESIGNS COPYRIGHTS AC. 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Il presente lavoro, tenterà di fornire una visione d'insieme quanto più completa possibile sulle cd. dichiarazioni anticipate di trattamento. La trattazione muoverà – ovviamente - dai dati normativi nazionali, primari e secondari, proseguendo poi verso l'analisi strutturale dell'istituto scansionando gli elementi costitutivi, quali il consenso, la forma, il diritto all'informazione ed i conseguenti risvolti applicativi, in particolar modo la figura dell'amministratore di sostegno, arrivando poi ai profili di responsabilità sia civile che penale; ma non tralasciando i profili comparatistici. Si presterà particolare attenzione, verso l'iter giurisprudenziale che ha contraddistinto la nascita nonché la giovane evoluzione dell'istituto, che ha prodotto la stesura dei due disegni di legge, che saranno oggetto di una valutazione giuridica, ma anche critica. Ed allora, la tematica del "fine vita" impone – necessariamente - una trattazione multilivello. L'analisi deve muovere dall'ordinamento positivo nazionale, dove l'evoluzione della materia è avvenuta attraverso l'introduzione, rectius creazione, dell'istituto del testamento biologico, ovvero più precisamente, delle dichiarazioni anticipate di trattamento. Questi ultimi interventi, rispondono anche e soprattutto all'esigenza di allineamento proveniente dall'Europa, impulsati dalla emanazioni delle fondamentali Dichiarazione Universale dei Diritti dell'uomo, Convenzione di Oviedo, Carta Europea dei diritti dell'uomo; tali fonti, seppur in modo differente sottolineano la centralità del Soggetto-Uomo e la conseguenziale importanza del processo autodeterminativo dello stesso. La normativa positiva nazionale, si sedimenta nella Costituzione agli artt. 2,3,31 e 32; e degradando nel quadro delle fonti, si pone a livello della legge ordinaria con il codice civile che all'art. 5 disciplina gli atti dispositivi del corpo. Dal punto di vista penalistico si incentrerà l'attenzione sulle fattispecie del suicidio assistito e l'omicidio del consenziente. Non possono trascurarsi per la trattazione i pareri del comitato di bioetico,i quali sono stati fondanti nella discussione dottrinaria e giurisprudenziale, né tanto meno il codice di deontologia medica; da ultimo in ambito di responsabilità medica la legge 189/2012. L'incipit dell'approfondimento è la normativa nazionale in riferimento ai diritti della personalità, i quali sono fortemente caratterizzati dalla non patrimonialità, dalla immanenza, nonché immaterialità al punto che non è più concepibile una visione dell'essere umano a prescindere da questi diritti. Non tutti i diritti della personalità, trovano una loro disciplina codicistica, ma una maggioranza di questi sono emersi e si sono imposti grazie all'opera di dottrina e giurisprudenza. La dottrina, però, è attualmente divisa tra chi considera il diritto della personalità come un monolitico diritto considerando l'uomo in ogni sua espressione; e tra chi sostiene che sussistano tanti diritti della personalità quanti la legge ne prevede. Diatriba dottrinaria che ha trovato il suo naturale epilogo con l'entrata in vigore della Carta Costituzionale, la quale espressamente all'art. 2 prevede che la Repubblica riconosce e garantisce i diritti inviolabili dell'uomo in funzione dello sviluppo della sua personalità chiarendo, che non debba intendersi ogni singolo diritto, bensi'qualsivoglia interesse proteso alla realizzazione della personalità del soggetto. La protezione di questi diritti, come supra individuato, si lega alla Carta Costituzionale negli artt. 2,3 31 e 32. I requisiti fondamentali di tali diritti sono l'assolutezza tutelata erga omnes, l'indisponibilità derivante dall'impossibilità del trasferimento dell'oggetto-persona, nonché l'imprescrittibilità. Tra questi diritti, assume una particolare rilevanza, il diritto all'integrità fisica, che tradizionalmente è associato al diritto alla salute di cui l'art.5 costituisce punto di riferimento nella normativa codicistica; ma successivamente alla Costituzione è stato necessario un nuovo inquadramento dell'articolo, in orbita alla nuova concezione di personalità e di salute cosi come costituzionalmente interpretati. Attualmente in Italia la tematica del "fine vita" ha trovato in due disegni di legge; il primo di questi "S10" approvato al Senato nel marzo 2009 ed inviato alla camera per ulteriore approvazione, nonostante innumerevoli modifiche, nel luglio 2011. Nonostante la presenza di questi due disegni di legge la via per giungere ad un testo normativo risulta essere ancora lunga ed impervia. Approntato l'inquadramento normativo generale, l'elaborato approfondirà questo nuovo istituto del testamento biologico; e già dalla nomenclatura però risulta giuridicamente inesatta, poichè il testamento così come disciplinato dall'art. 587 c.c. è un atto mortis causa destinato a produrre effetti per il tempo successivo alla morte, invece le disposizioni di fine vita producono il loro effetto prima della morte del soggetto. Pertanto, il termine risulta essere fortemente evocativo perché sottolinea un dato di fondamentale importanza cioè, l'ultrattività del volere che è un dato che unisce il testamento biologico al testamento come atto mortis causa. Ultra-attività del volere che deve avere effetto quando il soggetto non è più capace e non è più in grado di correggere, interpretare, rinnovare questa volontà; implicando in tal modo la sacralità di questo volere, l'esigenza di aumentare la soglia delle cautele procedimentali, perchè solo un volere consapevole e ponderato da parte del soggetto in ordine alle sue scelte esistenziale, è un volere autenticamente libero. Una delle prime definizioni di dichiarazioni anticipate di volontà si rinviene in un atto del comitato di bioetica del 2003, nel quale vengono definite come un documento con il quale il soggetto, dotato di piena capacità, esprime la sua volontà circa i trattamenti ai quali desidera o non desidera essere sottoposto, nel caso in cui nel decorso di una malattia o a causa di traumi improvvisi, non fosse in grado di esprimere il proprio consenso o il proprio dissenso informato. Per attuare una attenta disamina dell'istituto è necessario dividere le direttive a seconda che siano impartite nel corso del rapporto terapeutico oppure vengano date indipendentemente come espressione di una libera scelta. Nella prima eventualità rientrerebbe nel rapporto tra medico e paziente. Dottrina prevalente ritiene di dover inquadrare questo tipo di direttiva all'interno della più ampia categoria dell'atto giuridico, concetto nel quale può ricomprendersi qualsiasi comportamento umano che assuma rilevanza per il diritto in quanto ad esso l'ordine giuridico ricollega una modificazione ad uno stato di cose preesistente. Ulteriore ripartizione fatta all'interno di questa categoria è stara tra negozio giuridico inteso come atto di natura negoziale e atto giuridico in senso stretto, scevro della natura negoziale. L'istituto del negozio giuridico, non ha mai trovato una collocazione sistematica nel codice civile; il legislatore ha sempre inteso il termine atto come categoria per ricomprendervi anche il negozio. Alla luce di ciò secondo alcuni la nozione di atto giuridico è da ricostruirsi in negativo cioè si è in presenza di un atto giuridico quando non ravvisabile nell'atto i caratteri degli atti negoziali. Altra tesi invece basa la catalogazione in base alla finalità perseguita dall'atto asserendo che, quando l'atto è espressione del potere di autoregolamentazione dei privati per creare un assetto vincolante dei loro interessi esso avrà natura negoziale; diversamente invece l'atto è semplicemente il presupposto per degli effetti giuridici già predisposti . L'atto giuridico in senso stretto trova la sua naturale espressione in fattispecie ad effetti tipici. Alla luce di quanto detto può quindi affermarsi che l'elemento distintivo tra atto e negozio è da valutarsi a seguito di una valutazione stutturale-funzionale. Il negozio ha la struttura di volontà precettiva ed è preordinato funzionalente a disporre di una determinata situazione giuridica, nell'atto invece la volontà e la consapevolezza rilevano come requisiti del comportamento poichè gli effetti prescindono dal contenuto volitivo dell'atto e sono determinati dalla legge, è il carattere dispositivo, quindi, l'elemento di discrimen tra le due figure. Alla luce di quanto sopra, si ritiene che in caso di direttive intervenute nel corso del rapporto medico-paziente, si sia in presenza di un atto giuridico in senso stretto, come tali si ritengono gli atti umani volontari i cui effetti sono stabiliti dalla legge. Di converso, sono da ritenersi di natura negoziale le direttive anticipate assunte dal soggetto come libera scelta avulsa da qualsiasi iter medico già in corso, l'ipotesi quindi di un soggetto perfettamente sano, fisicamente e psichicamente, perfettamente capace di intendere e di volere che decide, quale debbano essere o meno i trattamenti a cui sottoporsi nel caso e nel momento in cui non fosse più capace di esprimere la propria volontà. In questa visione viene proiettata la concezione del diritto all'identità da intendersi quale integrazione della personalità, come riscoperta del legame del corpo nella sua eccezione fisica e psichica. Il diritto all'identità porta con sé il principio di integrità, come potestà decisionale unica ed esclusiva del soggetto sulla propria sfera esistenziale. La dichiarazione è un atto che necessità dell'alterità, difatti viene definito come quell'atto che ha come scopo il far conoscere qualcosa a terzi, presupposto per la sua sussistenza è uno o più destinatari, che possono essere anche determinati. La dottrina nell'analizzare l'istituto della dichiarazione, in sé, ha più volte ribadito le tesi per la quale in realtà essa sia composta da due elementi, quello espressivo in cui si formula, e quello emissivo in cui si forma giungendo a maturazione. L'emissione quindi costituisce l'indice di maturità della dichiarazione e segna il momento dal quale questa esiste. Possono quindi distinguersi in dichiarazioni indirizzate per le quali la conoscenza da parte del terzo è condizione necessaria perché l'atto possa sussistere, oppure in dichiarazioni recettizie per le quali la direzione verso un terzo è strumentale alla produzione degli effetti in capo ad esso. L'elemento centrale è ovviamente il consenso, che presuppone un processo informativo, quale modalità di comunicazione bidirezionale che accompagna e sostiene il percorso di cura. È il processo comunicativo attraverso il quale il medico (e l'operatore sanitario, limitatamente agli atti di sua specifica competenza) fornisce al paziente notizie sulla diagnosi, sulla prognosi, sulle prospettive terapeutiche e sulle verosimili conseguenze della terapia e/o della mancata terapia/atto sanitario, al fine di promuoverne una scelta pienamente autonoma e consapevole. Tale processo riguarda anche il minorenne, in forma adeguata all'età, l'interdetto giudiziale e l'incapace naturale, in forma proporzionata al loro livello di capacità, in modo che essi possano formarsi un'opinione sull'atto sanitario. Il consenso informato può definirsi come "esercizio del diritto del paziente all'autodeterminazione rispetto alle scelte diagnostico/terapeutiche proposte." La scelta viene attuata, al termine del processo informativo; tale procedimento che porta la persona assistita ad accettare l'atto sanitario, si articola essenzialmente in tre momenti, tra loro concatenati mediante ricorso ad una successione logica e cronologica. • Il primo momento consiste nella comunicazione al paziente di informazioni di rilevanza diagnostica e terapeutica. • Successivamente, deve sussistere la certezza che il paziente abbia capito il significato della suddetta comunicazione. • Infine, la decisione definitiva dell'interessato. Non si è in grado di acconsentire specificatamente, se non si dispone della informazione adeguata, senza la quale qualsiasi modulo di consenso sottoscritto risulta essere viziato e, conseguentemente, non valido sotto il profilo giuridico. Il consenso valido deve essere: informato, consapevole, personale, manifesto, specifico, preventivo, attuale e revocabile. Per soddisfare il requisito dell'informazione è necessario rispettare le caratteristiche della corretta informazione, la quale deve essere personalizzata, comprensibile, veritiera, obiettiva, esaustiva e non imposta. La personalizzazione, presuppone l'adeguatezza della stessa alla condizione fisica e psicologica, all'età ed alla capacità oltre che al substrato culturale e linguistico del paziente, nonché deve essere proporzionata alla tipologia della prestazione proposta. Per quanto possibile, va evitato il rischio di un involontario e non esplicito condizionamento, legato all'asimmetria informativa tra le figure del medico e del paziente, eventualmente accentuato dalla gravità della malattia e dalla complessità della terapia conseguente. L'informazione deve essere comprensibile, e cioè espressa con linguaggio semplice e chiaro, usando notizie e dati specialistici, evitando sigle o termini scientifici, attraverso anche l'utilizzo di schede illustrate o materiale video che consentano al paziente di comprendere compiutamente ciò che verrà effettuato, soprattutto in previsione di interventi particolarmente invasivi o demolitivi. Nel caso di paziente straniero, è necessario l'interprete nonché il materiale informativo tradotto, affinché venga correttamente e completamente compreso ciò che viene detto. L'informativa deve essere altresì veritiera, ovvero non deve creare false illusioni, ma prudente e accompagnata da ragionevole speranza nelle informazioni che hanno rilevanza tale da comportare gravi preoccupazioni o previsioni infauste. Il requisito dell'obiettività deve riscontrarsi su fonti validate o che godano di una legittimazione clinico - scientifica; oltre che indicativa delle effettive potenzialità di cura fornite dalla struttura che ospita il paziente e delle prestazioni tecnico-strutturali che l'ente è in grado di offrire permanentemente o in quel dato momento; fornendo notizie inerenti l'atto sanitario proposto nell'ambito del percorso di cura intrapreso e al soddisfacimento di ogni quesito specifico posto dal paziente. In particolar modo sulla natura e lo scopo principale; sulle probabilità di successo; sulle modalità di effettuazione; e sul sanitario che eseguirà la prestazione. Esaustivamente precise devono essere le conseguenze previste e la loro modalità di risoluzione; i rischi ragionevolmente prevedibili, le complicanze e la loro probabilità di verificarsi e di essere risolti da ulteriori trattamenti; eventuali possibilità di trattamenti alternativi, loro vantaggi e rischi; conseguenze del rifiuto alle prestazioni sanitarie. Ció detto, al paziente é riconosciuta la facoltà di non essere informato, delegando a terzi la ricezione delle informazioni, dal momento che il diritto all'informazione non necessariamente deve accompagnarsi all'obbligo di riceverla. Traccia però deve essere lasciata in forma scritta. In tal caso egli esprimerà comunque il consenso, subordinatamente all'informazione data a persona da lui delegata. Il consenso deve essere espresso da un soggetto che, ricevute correttamente e completamente le informazioni con le modalità descritte in precedenza, sia capace di intendere e di volere; e tale capacità di intendere non è valutabile separatamente dalla capacità di volere. Del diritto ad esprimere il consenso ne é titolare solo il paziente; l'informazione a terzi (compresi anche i familiari), è ammessa solitamente previo consenso esplicitamente espresso dal paziente. Il consenso espresso dai familiari è giuridicamente irrilevante. Per i minorenni, gli interdetti e per le persone sottoposte ad una amministrazione di sostegno riferita ad atti sanitari si rimanda successivamente proposte manifestatamente e, in particolar modo per le attività che esulano dalla routine. La manifestazione di volontà deve essere esplicita ed espressa inequivocabilmente, e preferibilmente in forma scritta. L'assenso deve essere riferito allo specifico atto sanitario proposto e prestato per un determinato trattamento, e non può peraltro legittimare il medico all'esecuzione di una scelta terapeutica diversa dal percorso di cura intrapreso, per natura od effetti, fatto salvo il sopraggiungere di una situazione di necessità ed urgenza che determini un pericolo grave per la salute o la vita del paziente. Il consenso deve essere prestato prima dell'atto proposto. L'intervallo di tempo tra la manifestazione del consenso e l'attuazione dell'atto sanitario non deve essere tale da far sorgere dubbi sulla persistenza della volontà del paziente; nel caso lo sia, è opportuno ottenere conferma del consenso già prestato, in prossimità della realizzazione dell'atto. Il requisito della attualità del consenso, racchiude i maggiori dubbi sull'ammissibilità delle d.a.t. ( dichiarazioni anticipate di trattamento). Il paziente ha il diritto di revocare in qualsiasi momento il consenso prestato, eventualmente anche nell'immediatezza della procedura sanitaria che si sta ponendo in essere; la natura contrattuale del consenso determina che per essere giuridicamente valido esso debba inoltre rispondere ai requisiti "libero" e "relativo al bene disponibile" . Evidenziati i requisiiti del consenso, è necessario soffermarsi su quali soggetti possano essere esecutori di tale dichiarazioni;è emersa quindi, la figura del fiduciario; in un primo momento in sede dottrinale si era fatto riferimento all'istituto del mandato per trovare un istituto cui ricondurre il rapporto tra paziente e fiduciario: il mandante attraverso le istruzioni poteva rendere al fiduciario le proprio volontà in ordine ai trattamento di fine vita ed il mandatario può rendere queste dichiarazioni di volontà secondo uno schema tipico con effetti nella sfera giuridica del mandante, ma in realtà questa ricostruzione trova il suo limite nella sopravvenuta estinzione del mandato per incapacitò del osggetto che da l'incarico fiduciario,da qui allora l'attenzione di dottrina e giurisprudenza si è focalizzata sulla figura dell'amministratore di sostegnodisciplinato nel codice civile dagli artt. 404 e ss. Lo strumento dell'art. 408 c.c.(scelta dell'amministratore di sostegno), avrebbe, al di là della sedes materiae, secondo alcuni, introdotto nel nostro ordinamento l'istituto del testamento biologico; ed, allora, non resterebbe che concludere in conformità al dettato legislativo, che lo stesso debba rivestire la forma solenne dell'atto pubblico o della scrittura privata autenticata. Da qui il ruolo del notaio quale soggetto deputato ad apporre sulla scheda biologica il sigillo di "fedeltà". importante è Delibera del 23 giugno 2006 con la quale Il Consiglio Nazionale del Notariato, ritiene utile "in attesa di un'auspicabile iniziativa legislativa in materia ed al fine di garantire il medico nell'esercizio delle proprie responsabilità" – assicurare "la certezza della provenienza della dichiarazione dal suo autore, mediante intervento notarile e la reperibilità della medesima in un registro telematico nazionale". Considerato, quindi, che l'intervento notarile – proprio perché volto ad assicurare il valore aggiunto della certezza fornito dalla pubblica funzione di certificazione - comporta il rispetto delle modalità operative fissate dalla legge (repertorio, trattamento fiscale, ecc.), ma "che nel contempo è necessario individuare forme che non comportino costi significativi ed aggravi di formalità burocratiche per il cittadino e la collettività". Nel provvedimento di cui si tratta, emerge la volontà del notariato di contribuire a risolvere un'esigenza di grande rilevanza umana e sociale e la disponibilità a provvedere alla istituzione e conservazione del Registro Generale dei testamenti di vita, con costi a proprio carico, mediante le proprie strutture informatiche e telematiche. Un dato di rilievo è che, secondo il Consiglio, "alla luce della attuale normativa, il notaio, richiesto di autenticare la sottoscrizione di una dichiarazione relativa ad un testamento di vita", può "farlo, non ravvisandosi alcuna contrarietà a norme di legge". Propone, quindi, in assenza di un divieto imperativo in materia, di utilizzare un testo di dichiarazione sottoscritta dal solo disponente, contenente la delega ad un fiduciario, incaricato di manifestare ai medici curanti l'esistenza del testamento di vita. Questi argomenti appena trattati, il consenso, la sua forma e il legittimato a porre in essere le volontà espresse sono tutti argomenti che sono stati oggetti di analisi giurisprudenziale in particolar modo nei casi Welby ed Englaro, che congiuntamente al caso Schiavo saranno approfonditi nell'elaborato finale. Bisogna comunque dire che il caso Welby è fondamentale per analizzare la responsabilità che coinvolge la tematica delle dichiarazioni anticipate di trattamento. Difatti, per la prima volta si è incentrato il problema sulla eutanasia, ed il dottore che aveva "accompagnato alla morte" il soggetto, malato ormai da tempo e senza possibilità di guarigione o miglioramento alcuno, ma solo di peggioramento, accettandone la volontà di sospensione dei trattamenti salva vita, rispettando quindi il diritto al rifiuto dei trattamenti sanitari, facente parte dei diritti inviolabili della persona di cui all'art. 2 Cost, fu rinviato a giudizio con l'accusa ex 579 c.p. E' da sottolineare che il "dissenso "di Welby possedeva tutti i requisiti necessari desumibili dalla Costituzione e dai principi generali dell'ordinamento, affinché la manifestazione di volontà del avesse rilievo giuridico onde escludersi l'applicazione dell'art. 579 in forza della scriminante dell'art. 51 c.p. Il possibile rifiuto del malato deve essere esercitato con riferimento ad un «trattamento sanitario», potendo riguardare solo una condotta che ha come contenuto competenze di carattere medico e sempre all'interno di un rapporto di natura contrattuale a contenuto sanitario. Solo sul professionista e non su altri incombe, quindi, il dovere di osservare la volontà di segno negativo del paziente, in ragione della relazione instauratasi tra i due per l'espletamento di una condotta di natura sanitaria a contenuto concordato. Con la conseguenza che, se il professionista dovesse porre in essere una condotta direttamente causativa della morte del paziente per espressa volontà di quest'ultimo, risponderà ad un preciso dovere che discende dalla previsione dell'art. 32, comma 2 Cost., mentre la stessa condotta posta in essere da ogni altro soggetto non risponderà ad alcun dovere giuridicamente riconosciuto dall'ordinamento, non essendo stata esercitata all'interno di un rapporto terapeutico, nel quale solo nascono e si esercitano diritti e doveri specifici. Alla luce di queste premesse, può essere condivisa la soluzione proscioglitiva in ordine al reato di omicidio del consenziente. Il rifiuto di una terapia, anche se già iniziata, ove venga esercitato nell'ambito sopra descritto ed alle condizioni precedentemente illustrate, costituisce un diritto costituzionalmente garantito e già perfetto, rispetto al quale sul medico incombe, in ragione della professione esercitata e dei diritti e doveri scaturenti dal rapporto terapeutico instauratosi con il paziente, il dovere giuridico di consentirne l'esercizio. Con la conseguenza che, se il medico in ottemperanza a tale dovere, contribuisse a determinare la morte del paziente per l'interruzione di una terapia salvavita, egli non risponderebbe penalmente del delitto di omicidio del consenziente, in quanto avrebbe operato alla presenza di una causa di esclusione del reato e segnatamente quella prevista dall'art. 51 c.p. . La fonte del dovere per il medico, quindi, risiederebbe in prima istanza nella stessa norma costituzionale, che è di rango superiore rispetto alla legge penale, e l'operatività della scriminante nell'ipotesi sopra delineata è giustificata dalla necessità di superare la contraddizione dell'ordinamento giuridico il quale, da una parte, non può attribuire un diritto e, dall'altra, incriminarne il suo esercizio. Da ultimo, sull'argomento si è espressa nuovamente la Corte di Cassazione con la sentenza 20984/2012 la quale sembrerebbe affermare che l'intervento del medico è scriminato non solo nei casi di TSO (casi pacificamente scriminati) ma in tutti i casi in cui si incorra in uno stato di necessità ex art. 54 c.p. Il consenso informato ha come correlato la facoltà, non solo di scegliere tra le diverse possibilità di trattamento medico, ma anche, nell'eventualità, di rifiutare la terapia e di decidere consapevolmente di interromperla (n.b.: questa definizione di consenso informato è espressione di libertà positiva); e ciò in tutte le fasi della vita, anche in quella terminale. Secondo la definizione della Corte Costituzionale (Corte Cost. 438/2008) il consenso informato, inteso quale espressione della consapevole adesione al trattamento sanitario proposto dal medico, si configura quale vero e proprio diritto della persona e trova fondamento nei principi espressi nell'art. 2 Cost., che ne tutela e promuove i diritti fondamentali, e negli artt. 13 e 32 Cost., i quali stabiliscono rispettivamente che la libertà personale è inviolabile e che nessuno può essere obbligato a un determinato trattamento sanitario se non per disposizione di legge. La responsabilità del sanitario (e di riflesso della struttura per cui egli agisce) per violazione dell'obbligo del consenso informato discende: a) dalla condotta omissiva tenuta in relazione all'adempimento dell'obbligo di informazione in ordine alle prevedibili conseguenze del trattamento cui il paziente sia sottoposto; b) dal verificarsi - in conseguenza dell'esecuzione del trattamento stesso, e, quindi, in forza di un nesso di causalità con essa - di un aggravamento delle condizioni di salute del paziente. Non assume, invece, alcuna influenza, ai fini della sussistenza dell'illecito per violazione del consenso informato, se il trattamento sia stato eseguito correttamente o meno. Ciò perché, sotto questo profilo, ciò che rileva è che il paziente, a causa del deficit di informazione, non sia stato messo in condizione di assentire al trattamento sanitario con una volontà consapevole delle sue implicazioni, consumandosi, nei suoi confronti, una lesione di quella dignità che connota l'esistenza nei momenti cruciali della sofferenza, fisica e psichica. Importante svolta in campo di responsabilità medica è stata data la legge 8 novembre 2012, n. 189 che ha convertito il Decreto Legge Balduzzi, n. 158/2012. La cosiddetta "colpa lieve" dell'esercente una professione sanitaria ne risulta, in certo qual senso, depenalizzata. Infatti, il dato testuale dell'art. 3, 1° co., il sanitario che nello svolgimento della propria attività si attiene a linee guida e buone pratiche accreditate dalla comunità scientifica non risponde penalmente per colpa lieve. Sulla responsabilità del medico e della struttura sanitaria, e della sua natura si tratterà esaustivamente nel corso dell'elaborato. In Italia, nonostante il problema sia sorto da tempo, e sia stato, come visto, oggetto di copiosa attività giurisprudenziale di merito e di legittimità, nonché dottrinaria, non si ha al momento, ancora un testo normativo che disciplini la materia in oggetto. L'iter normativo sul testamento biologico, in Italia ha inizio con il d.d.l. presentato al Senato (s.10) il 29 aprile del 2008 e dallo stesso approvato il 26 marzo 2009. Il disegno così come approvato è stato inviato alla Camera, che lo ha modificato il 12 luglio 2011, e da allora siamo stagnati sull'argomento, anche per la presenza di un governo cd. tecnico. Una timida ripresa, è stata impulsata dalla commissione permanente di igiene e sanità nell'ottobre del 2012. Pertanto, il giurista si deve attenere alle fonti a disposizione, e perciò, operando un raffronto di questi due testi, emerge l'allontanarsi del sistema positivo italiano - nonostante stia allineandosi all'Europa sotto molteplici aspetti - sul tema di «fine vita» non dimostrandosi ancora competitivo per la normativa europea. Si rimanda, indi alla trattazione finale per il lavoro comparatistico delle leggi in itinere. Il presente lavoro, tenterà di fornire una visione d'insieme quanto più completa possibile sulle cd. dichiarazioni anticipate di trattamento. La trattazione muoverà – ovviamente - dai dati normativi nazionali, primari e secondari, proseguendo poi verso l'analisi strutturale dell'istituto scansionando gli elementi costitutivi, quali il consenso, la forma, il diritto all'informazione ed i conseguenti risvolti applicativi, in particolar modo la figura dell'amministratore di sostegno, arrivando poi ai profili di responsabilità sia civile che penale; ma non tralasciando i profili comparatistici. Si presterà particolare attenzione, verso l'iter giurisprudenziale che ha contraddistinto la nascita nonché la giovane evoluzione dell'istituto, che ha prodotto la stesura dei due disegni di legge, che saranno oggetto di una valutazione giuridica, ma anche critica. Ed allora, la tematica del "fine vita" impone – necessariamente - una trattazione multilivello. L'analisi deve muovere dall'ordinamento positivo nazionale, dove l'evoluzione della materia è avvenuta attraverso l'introduzione, rectius creazione, dell'istituto del testamento biologico, ovvero più precisamente, delle dichiarazioni anticipate di trattamento. Questi ultimi interventi, rispondono anche e soprattutto all'esigenza di allineamento proveniente dall'Europa, impulsati dalla emanazioni delle fondamentali Dichiarazione Universale dei Diritti dell'uomo, Convenzione di Oviedo, Carta Europea dei diritti dell'uomo; tali fonti, seppur in modo differente sottolineano la centralità del Soggetto-Uomo e la conseguenziale importanza del processo autodeterminativo dello stesso. La normativa positiva nazionale, si sedimenta nella Costituzione agli artt. 2,3,31 e 32; e degradando nel quadro delle fonti, si pone a livello della legge ordinaria con il codice civile che all'art. 5 disciplina gli atti dispositivi del corpo. Dal punto di vista penalistico si incentrerà l'attenzione sulle fattispecie del suicidio assistito e l'omicidio del consenziente. Non possono trascurarsi per la trattazione i pareri del comitato di bioetico,i quali sono stati fondanti nella discussione dottrinaria e giurisprudenziale, né tanto meno il codice di deontologia medica; da ultimo in ambito di responsabilità medica la legge 189/2012. L'incipit dell'approfondimento è la normativa nazionale in riferimento ai diritti della personalità, i quali sono fortemente caratterizzati dalla non patrimonialità, dalla immanenza, nonché immaterialità al punto che non è più concepibile una visione dell'essere umano a prescindere da questi diritti. Non tutti i diritti della personalità, trovano una loro disciplina codicistica, ma una maggioranza di questi sono emersi e si sono imposti grazie all'opera di dottrina e giurisprudenza. La dottrina, però, è attualmente divisa tra chi considera il diritto della personalità come un monolitico diritto considerando l'uomo in ogni sua espressione; e tra chi sostiene che sussistano tanti diritti della personalità quanti la legge ne prevede. Diatriba dottrinaria che ha trovato il suo naturale epilogo con l'entrata in vigore della Carta Costituzionale, la quale espressamente all'art. 2 prevede che la Repubblica riconosce e garantisce i diritti inviolabili dell'uomo in funzione dello sviluppo della sua personalità chiarendo, che non debba intendersi ogni singolo diritto, bensi'qualsivoglia interesse proteso alla realizzazione della personalità del soggetto. La protezione di questi diritti, come supra individuato, si lega alla Carta Costituzionale negli artt. 2,3 31 e 32. I requisiti fondamentali di tali diritti sono l'assolutezza tutelata erga omnes, l'indisponibilità derivante dall'impossibilità del trasferimento dell'oggetto-persona, nonché l'imprescrittibilità. Tra questi diritti, assume una particolare rilevanza, il diritto all'integrità fisica, che tradizionalmente è associato al diritto alla salute di cui l'art.5 costituisce punto di riferimento nella normativa codicistica; ma successivamente alla Costituzione è stato necessario un nuovo inquadramento dell'articolo, in orbita alla nuova concezione di personalità e di salute cosi come costituzionalmente interpretati. Attualmente in Italia la tematica del "fine vita" ha trovato in due disegni di legge; il primo di questi "S10" approvato al Senato nel marzo 2009 ed inviato alla camera per ulteriore approvazione, nonostante innumerevoli modifiche, nel luglio 2011. Nonostante la presenza di questi due disegni di legge la via per giungere ad un testo normativo risulta essere ancora lunga ed impervia. Approntato l'inquadramento normativo generale, l'elaborato approfondirà questo nuovo istituto del testamento biologico; e già dalla nomenclatura però risulta giuridicamente inesatta, poichè il testamento così come disciplinato dall'art. 587 c.c. è un atto mortis causa destinato a produrre effetti per il tempo successivo alla morte, invece le disposizioni di fine vita producono il loro effetto prima della morte del soggetto. Pertanto, il termine risulta essere fortemente evocativo perché sottolinea un dato di fondamentale importanza cioè, l'ultrattività del volere che è un dato che unisce il testamento biologico al testamento come atto mortis causa. Ultra-attività del volere che deve avere effetto quando il soggetto non è più capace e non è più in grado di correggere, interpretare, rinnovare questa volontà; implicando in tal modo la sacralità di questo volere, l'esigenza di aumentare la soglia delle cautele procedimentali, perchè solo un volere consapevole e ponderato da parte del soggetto in ordine alle sue scelte esistenziale, è un volere autenticamente libero. Una delle prime definizioni di dichiarazioni anticipate di volontà si rinviene in un atto del comitato di bioetica del 2003, nel quale vengono definite come un documento con il quale il soggetto, dotato di piena capacità, esprime la sua volontà circa i trattamenti ai quali desidera o non desidera essere sottoposto, nel caso in cui nel decorso di una malattia o a causa di traumi improvvisi, non fosse in grado di esprimere il proprio consenso o il proprio dissenso informato. Per attuare una attenta disamina dell'istituto è necessario dividere le direttive a seconda che siano impartite nel corso del rapporto terapeutico oppure vengano date indipendentemente come espressione di una libera scelta. Nella prima eventualità rientrerebbe nel rapporto tra medico e paziente. Dottrina prevalente ritiene di dover inquadrare questo tipo di direttiva all'interno della più ampia categoria dell'atto giuridico, concetto nel quale può ricomprendersi qualsiasi comportamento umano che assuma rilevanza per il diritto in quanto ad esso l'ordine giuridico ricollega una modificazione ad uno stato di cose preesistente. Ulteriore ripartizione fatta all'interno di questa categoria è stara tra negozio giuridico inteso come atto di natura negoziale e atto giuridico in senso stretto, scevro della natura negoziale. L'istituto del negozio giuridico, non ha mai trovato una collocazione sistematica nel codice civile; il legislatore ha sempre inteso il termine atto come categoria per ricomprendervi anche il negozio. Alla luce di ciò secondo alcuni la nozione di atto giuridico è da ricostruirsi in negativo cioè si è in presenza di un atto giuridico quando non ravvisabile nell'atto i caratteri degli atti negoziali. Altra tesi invece basa la catalogazione in base alla finalità perseguita dall'atto asserendo che, quando l'atto è espressione del potere di autoregolamentazione dei privati per creare un assetto vincolante dei loro interessi esso avrà natura negoziale; diversamente invece l'atto è semplicemente il presupposto per degli effetti giuridici già predisposti . L'atto giuridico in senso stretto trova la sua naturale espressione in fattispecie ad effetti tipici. Alla luce di quanto detto può quindi affermarsi che l'elemento distintivo tra atto e negozio è da valutarsi a seguito di una valutazione stutturale-funzionale. Il negozio ha la struttura di volontà precettiva ed è preordinato funzionalente a disporre di una determinata situazione giuridica, nell'atto invece la volontà e la consapevolezza rilevano come requisiti del comportamento poichè gli effetti prescindono dal contenuto volitivo dell'atto e sono determinati dalla legge, è il carattere dispositivo, quindi, l'elemento di discrimen tra le due figure. Alla luce di quanto sopra, si ritiene che in caso di direttive intervenute nel corso del rapporto medico-paziente, si sia in presenza di un atto giuridico in senso stretto, come tali si ritengono gli atti umani volontari i cui effetti sono stabiliti dalla legge. Di converso, sono da ritenersi di natura negoziale le direttive anticipate assunte dal soggetto come libera scelta avulsa da qualsiasi iter medico già in corso, l'ipotesi quindi di un soggetto perfettamente sano, fisicamente e psichicamente, perfettamente capace di intendere e di volere che decide, quale debbano essere o meno i trattamenti a cui sottoporsi nel caso e nel momento in cui non fosse più capace di esprimere la propria volontà. In questa visione viene proiettata la concezione del diritto all'identità da intendersi quale integrazione della personalità, come riscoperta del legame del corpo nella sua eccezione fisica e psichica. Il diritto all'identità porta con sé il principio di integrità, come potestà decisionale unica ed esclusiva del soggetto sulla propria sfera esistenziale. La dichiarazione è un atto che necessità dell'alterità, difatti viene definito come quell'atto che ha come scopo il far conoscere qualcosa a terzi, presupposto per la sua sussistenza è uno o più destinatari, che possono essere anche determinati. La dottrina nell'analizzare l'istituto della dichiarazione, in sé, ha più volte ribadito le tesi per la quale in realtà essa sia composta da due elementi, quello espressivo in cui si formula, e quello emissivo in cui si forma giungendo a maturazione. L'emissione quindi costituisce l'indice di maturità della dichiarazione e segna il momento dal quale questa esiste. Possono quindi distinguersi in dichiarazioni indirizzate per le quali la conoscenza da parte del terzo è condizione necessaria perché l'atto possa sussistere, oppure in dichiarazioni recettizie per le quali la direzione verso un terzo è strumentale alla produzione degli effetti in capo ad esso. L'elemento centrale è ovviamente il consenso, che presuppone un processo informativo, quale modalità di comunicazione bidirezionale che accompagna e sostiene il percorso di cura. È il processo comunicativo attraverso il quale il medico (e l'operatore sanitario, limitatamente agli atti di sua specifica competenza) fornisce al paziente notizie sulla diagnosi, sulla prognosi, sulle prospettive terapeutiche e sulle verosimili conseguenze della terapia e/o della mancata terapia/atto sanitario, al fine di promuoverne una scelta pienamente autonoma e consapevole. Tale processo riguarda anche il minorenne, in forma adeguata all'età, l'interdetto giudiziale e l'incapace naturale, in forma proporzionata al loro livello di capacità, in modo che essi possano formarsi un'opinione sull'atto sanitario. Il consenso informato può definirsi come "esercizio del diritto del paziente all'autodeterminazione rispetto alle scelte diagnostico/terapeutiche proposte." La scelta viene attuata, al termine del processo informativo; tale procedimento che porta la persona assistita ad accettare l'atto sanitario, si articola essenzialmente in tre momenti, tra loro concatenati mediante ricorso ad una successione logica e cronologica. • Il primo momento consiste nella comunicazione al paziente di informazioni di rilevanza diagnostica e terapeutica. • Successivamente, deve sussistere la certezza che il paziente abbia capito il significato della suddetta comunicazione. • Infine, la decisione definitiva dell'interessato. Non si è in grado di acconsentire specificatamente, se non si dispone della informazione adeguata, senza la quale qualsiasi modulo di consenso sottoscritto risulta essere viziato e, conseguentemente, non valido sotto il profilo giuridico. Il consenso valido deve essere: informato, consapevole, personale, manifesto, specifico, preventivo, attuale e revocabile. Per soddisfare il requisito dell'informazione è necessario rispettare le caratteristiche della corretta informazione, la quale deve essere personalizzata, comprensibile, veritiera, obiettiva, esaustiva e non imposta. La personalizzazione, presuppone l'adeguatezza della stessa alla condizione fisica e psicologica, all'età ed alla capacità oltre che al substrato culturale e linguistico del paziente, nonché deve essere proporzionata alla tipologia della prestazione proposta. Per quanto possibile, va evitato il rischio di un involontario e non esplicito condizionamento, legato all'asimmetria informativa tra le figure del medico e del paziente, eventualmente accentuato dalla gravità della malattia e dalla complessità della terapia conseguente. L'informazione deve essere comprensibile, e cioè espressa con linguaggio semplice e chiaro, usando notizie e dati specialistici, evitando sigle o termini scientifici, attraverso anche l'utilizzo di schede illustrate o materiale video che consentano al paziente di comprendere compiutamente ciò che verrà effettuato, soprattutto in previsione di interventi particolarmente invasivi o demolitivi. Nel caso di paziente straniero, è necessario l'interprete nonché il materiale informativo tradotto, affinché venga correttamente e completamente compreso ciò che viene detto. L'informativa deve essere altresì veritiera, ovvero non deve creare false illusioni, ma prudente e accompagnata da ragionevole speranza nelle informazioni che hanno rilevanza tale da comportare gravi preoccupazioni o previsioni infauste. Il requisito dell'obiettività deve riscontrarsi su fonti validate o che godano di una legittimazione clinico - scientifica; oltre che indicativa delle effettive potenzialità di cura fornite dalla struttura che ospita il paziente e delle prestazioni tecnico-strutturali che l'ente è in grado di offrire permanentemente o in quel dato momento; fornendo notizie inerenti l'atto sanitario proposto nell'ambito del percorso di cura intrapreso e al soddisfacimento di ogni quesito specifico posto dal paziente. In particolar modo sulla natura e lo scopo principale; sulle probabilità di successo; sulle modalità di effettuazione; e sul sanitario che eseguirà la prestazione. Esaustivamente precise devono essere le conseguenze previste e la loro modalità di risoluzione; i rischi ragionevolmente prevedibili, le complicanze e la loro probabilità di verificarsi e di essere risolti da ulteriori trattamenti; eventuali possibilità di trattamenti alternativi, loro vantaggi e rischi; conseguenze del rifiuto alle prestazioni sanitarie. Ció detto, al paziente é riconosciuta la facoltà di non essere informato, delegando a terzi la ricezione delle informazioni, dal momento che il diritto all'informazione non necessariamente deve accompagnarsi all'obbligo di riceverla. Traccia però deve essere lasciata in forma scritta. In tal caso egli esprimerà comunque il consenso, subordinatamente all'informazione data a persona da lui delegata. Il consenso deve essere espresso da un soggetto che, ricevute correttamente e completamente le informazioni con le modalità descritte in precedenza, sia capace di intendere e di volere; e tale capacità di intendere non è valutabile separatamente dalla capacità di volere. Del diritto ad esprimere il consenso ne é titolare solo il paziente; l'informazione a terzi (compresi anche i familiari), è ammessa solitamente previo consenso esplicitamente espresso dal paziente. Il consenso espresso dai familiari è giuridicamente irrilevante. Per i minorenni, gli interdetti e per le persone sottoposte ad una amministrazione di sostegno riferita ad atti sanitari si rimanda successivamente proposte manifestatamente e, in particolar modo per le attività che esulano dalla routine. La manifestazione di volontà deve essere esplicita ed espressa inequivocabilmente, e preferibilmente in forma scritta. L'assenso deve essere riferito allo specifico atto sanitario proposto e prestato per un determinato trattamento, e non può peraltro legittimare il medico all'esecuzione di una scelta terapeutica diversa dal percorso di cura intrapreso, per natura od effetti, fatto salvo il sopraggiungere di una situazione di necessità ed urgenza che determini un pericolo grave per la salute o la vita del paziente. Il consenso deve essere prestato prima dell'atto proposto. L'intervallo di tempo tra la manifestazione del consenso e l'attuazione dell'atto sanitario non deve essere tale da far sorgere dubbi sulla persistenza della volontà del paziente; nel caso lo sia, è opportuno ottenere conferma del consenso già prestato, in prossimità della realizzazione dell'atto. Il requisito della attualità del consenso, racchiude i maggiori dubbi sull'ammissibilità delle d.a.t. ( dichiarazioni anticipate di trattamento). Il paziente ha il diritto di revocare in qualsiasi momento il consenso prestato, eventualmente anche nell'immediatezza della procedura sanitaria che si sta ponendo in essere; la natura contrattuale del consenso determina che per essere giuridicamente valido esso debba inoltre rispondere ai requisiti "libero" e "relativo al bene disponibile" . Evidenziati i requisiiti del consenso, è necessario soffermarsi su quali soggetti possano essere esecutori di tale dichiarazioni;è emersa quindi, la figura del fiduciario; in un primo momento in sede dottrinale si era fatto riferimento all'istituto del mandato per trovare un istituto cui ricondurre il rapporto tra paziente e fiduciario: il mandante attraverso le istruzioni poteva rendere al fiduciario le proprio volontà in ordine ai trattamento di fine vita ed il mandatario può rendere queste dichiarazioni di volontà secondo uno schema tipico con effetti nella sfera giuridica del mandante, ma in realtà questa ricostruzione trova il suo limite nella sopravvenuta estinzione del mandato per incapacitò del osggetto che da l'incarico fiduciario,da qui allora l'attenzione di dottrina e giurisprudenza si è focalizzata sulla figura dell'amministratore di sostegnodisciplinato nel codice civile dagli artt. 404 e ss. Lo strumento dell'art. 408 c.c.(scelta dell'amministratore di sostegno), avrebbe, al di là della sedes materiae, secondo alcuni, introdotto nel nostro ordinamento l'istituto del testamento biologico; ed, allora, non resterebbe che concludere in conformità al dettato legislativo, che lo stesso debba rivestire la forma solenne dell'atto pubblico o della scrittura privata autenticata. Da qui il ruolo del notaio quale soggetto deputato ad apporre sulla scheda biologica il sigillo di "fedeltà". importante è Delibera del 23 giugno 2006 con la quale Il Consiglio Nazionale del Notariato, ritiene utile "in attesa di un'auspicabile iniziativa legislativa in materia ed al fine di garantire il medico nell'esercizio delle proprie responsabilità" – assicurare "la certezza della provenienza della dichiarazione dal suo autore, mediante intervento notarile e la reperibilità della medesima in un registro telematico nazionale". Considerato, quindi, che l'intervento notarile – proprio perché volto ad assicurare il valore aggiunto della certezza fornito dalla pubblica funzione di certificazione - comporta il rispetto delle modalità operative fissate dalla legge (repertorio, trattamento fiscale, ecc.), ma "che nel contempo è necessario individuare forme che non comportino costi significativi ed aggravi di formalità burocratiche per il cittadino e la collettività". Nel provvedimento di cui si tratta, emerge la volontà del notariato di contribuire a risolvere un'esigenza di grande rilevanza umana e sociale e la disponibilità a provvedere alla istituzione e conservazione del Registro Generale dei testamenti di vita, con costi a proprio carico, mediante le proprie strutture informatiche e telematiche. Un dato di rilievo è che, secondo il Consiglio, "alla luce della attuale normativa, il notaio, richiesto di autenticare la sottoscrizione di una dichiarazione relativa ad un testamento di vita", può "farlo, non ravvisandosi alcuna contrarietà a norme di legge". Propone, quindi, in assenza di un divieto imperativo in materia, di utilizzare un testo di dichiarazione sottoscritta dal solo disponente, contenente la delega ad un fiduciario, incaricato di manifestare ai medici curanti l'esistenza del testamento di vita. Questi argomenti appena trattati, il consenso, la sua forma e il legittimato a porre in essere le volontà espresse sono tutti argomenti che sono stati oggetti di analisi giurisprudenziale in particolar modo nei casi Welby ed Englaro, che congiuntamente al caso Schiavo saranno approfonditi nell'elaborato finale. Bisogna comunque dire che il caso Welby è fondamentale per analizzare la responsabilità che coinvolge la tematica delle dichiarazioni anticipate di trattamento. Difatti, per la prima volta si è incentrato il problema sulla eutanasia, ed il dottore che aveva "accompagnato alla morte" il soggetto, malato ormai da tempo e senza possibilità di guarigione o miglioramento alcuno, ma solo di peggioramento, accettandone la volontà di sospensione dei trattamenti salva vita, rispettando quindi il diritto al rifiuto dei trattamenti sanitari, facente parte dei diritti inviolabili della persona di cui all'art. 2 Cost, fu rinviato a giudizio con l'accusa ex 579 c.p. E' da sottolineare che il "dissenso "di Welby possedeva tutti i requisiti necessari desumibili dalla Costituzione e dai principi generali dell'ordinamento, affinché la manifestazione di volontà del avesse rilievo giuridico onde escludersi l'applicazione dell'art. 579 in forza della scriminante dell'art. 51 c.p. Il possibile rifiuto del malato deve essere esercitato con riferimento ad un «trattamento sanitario», potendo riguardare solo una condotta che ha come contenuto competenze di carattere medico e sempre all'interno di un rapporto di natura contrattuale a contenuto sanitario. Solo sul professionista e non su altri incombe, quindi, il dovere di osservare la volontà di segno negativo del paziente, in ragione della relazione instauratasi tra i due per l'espletamento di una condotta di natura sanitaria a contenuto concordato. Con la conseguenza che, se il professionista dovesse porre in essere una condotta direttamente causativa della morte del paziente per espressa volontà di quest'ultimo, risponderà ad un preciso dovere che discende dalla previsione dell'art. 32, comma 2 Cost., mentre la stessa condotta posta in essere da ogni altro soggetto non risponderà ad alcun dovere giuridicamente riconosciuto dall'ordinamento, non essendo stata esercitata all'interno di un rapporto terapeutico, nel quale solo nascono e si esercitano diritti e doveri specifici. Alla luce di queste premesse, può essere condivisa la soluzione proscioglitiva in ordine al reato di omicidio del consenziente. Il rifiuto di una terapia, anche se già iniziata, ove venga esercitato nell'ambito sopra descritto ed alle condizioni precedentemente illustrate, costituisce un diritto costituzionalmente garantito e già perfetto, rispetto al quale sul medico incombe, in ragione della professione esercitata e dei diritti e doveri scaturenti dal rapporto terapeutico instauratosi con il paziente, il dovere giuridico di consentirne l'esercizio. Con la conseguenza che, se il medico in ottemperanza a tale dovere, contribuisse a determinare la morte del paziente per l'interruzione di una terapia salvavita, egli non risponderebbe penalmente del delitto di omicidio del consenziente, in quanto avrebbe operato alla presenza di una causa di esclusione del reato e segnatamente quella prevista dall'art. 51 c.p. . La fonte del dovere per il medico, quindi, risiederebbe in prima istanza nella stessa norma costituzionale, che è di rango superiore rispetto alla legge penale, e l'operatività della scriminante nell'ipotesi sopra delineata è giustificata dalla necessità di superare la contraddizione dell'ordinamento giuridico il quale, da una parte, non può attribuire un diritto e, dall'altra, incriminarne il suo esercizio. Da ultimo, sull'argomento si è espressa nuovamente la Corte di Cassazione con la sentenza 20984/2012 la quale sembrerebbe affermare che l'intervento del medico è scriminato non solo nei casi di TSO (casi pacificamente scriminati) ma in tutti i casi in cui si incorra in uno stato di necessità ex art. 54 c.p. Il consenso informato ha come correlato la facoltà, non solo di scegliere tra le diverse possibilità di trattamento medico, ma anche, nell'eventualità, di rifiutare la terapia e di decidere consapevolmente di interromperla (n.b.: questa definizione di consenso informato è espressione di libertà positiva); e ciò in tutte le fasi della vita, anche in quella terminale. Secondo la definizione della Corte Costituzionale (Corte Cost. 438/2008) il consenso informato, inteso quale espressione della consapevole adesione al trattamento sanitario proposto dal medico, si configura quale vero e proprio diritto della persona e trova fondamento nei principi espressi nell'art. 2 Cost., che ne tutela e promuove i diritti fondamentali, e negli artt. 13 e 32 Cost., i quali stabiliscono rispettivamente che la libertà personale è inviolabile e che nessuno può essere obbligato a un determinato trattamento sanitario se non per disposizione di legge. La responsabilità del sanitario (e di riflesso della struttura per cui egli agisce) per violazione dell'obbligo del consenso informato discende: a) dalla condotta omissiva tenuta in relazione all'adempimento dell'obbligo di informazione in ordine alle prevedibili conseguenze del trattamento cui il paziente sia sottoposto; b) dal verificarsi - in conseguenza dell'esecuzione del trattamento stesso, e, quindi, in forza di un nesso di causalità con essa - di un aggravamento delle condizioni di salute del paziente. Non assume, invece, alcuna influenza, ai fini della sussistenza dell'illecito per violazione del consenso informato, se il trattamento sia stato eseguito correttamente o meno. Ciò perché, sotto questo profilo, ciò che rileva è che il paziente, a causa del deficit di informazione, non sia stato messo in condizione di assentire al trattamento sanitario con una volontà consapevole delle sue implicazioni, consumandosi, nei suoi confronti, una lesione di quella dignità che connota l'esistenza nei momenti cruciali della sofferenza, fisica e psichica. Importante svolta in campo di responsabilità medica è stata data la legge 8 novembre 2012, n. 189 che ha convertito il Decreto Legge Balduzzi, n. 158/2012. La cosiddetta "colpa lieve" dell'esercente una professione sanitaria ne risulta, in certo qual senso, depenalizzata. Infatti, il dato testuale dell'art. 3, 1° co., il sanitario che nello svolgimento della propria attività si attiene a linee guida e buone pratiche accreditate dalla comunità scientifica non risponde penalmente per colpa lieve. Sulla responsabilità del medico e della struttura sanitaria, e della sua natura si tratterà esaustivamente nel corso dell'elaborato. In Italia, nonostante il problema sia sorto da tempo, e sia stato, come visto, oggetto di copiosa attività giurisprudenziale di merito e di legittimità, nonché dottrinaria, non si ha al momento, ancora un testo normativo che disciplini la materia in oggetto. L'iter normativo sul testamento biologico, in Italia ha inizio con il d.d.l. presentato al Senato (s.10) il 29 aprile del 2008 e dallo stesso approvato il 26 marzo 2009. Il disegno così come approvato è stato inviato alla Camera, che lo ha modificato il 12 luglio 2011, e da allora siamo stagnati sull'argomento, anche per la presenza di un governo cd. tecnico. Una timida ripresa, è stata impulsata dalla commissione permanente di igiene e sanità nell'ottobre del 2012. Pertanto, il giurista si deve attenere alle fonti a disposizione, e perciò, operando un raffronto di questi due testi, emerge l'allontanarsi del sistema positivo italiano - nonostante stia allineandosi all'Europa sotto molteplici aspetti - sul tema di «fine vita» non dimostrandosi ancora competitivo per la normativa europea. Si rimanda, indi alla trattazione finale per il lavoro comparatistico delle leggi in itinere.

A~ & & rczejty coTlheoo MAY, J899 Oettysbmr ercory CONTENTS. " She Stoops to Conquer," 81 A Lesson from an Inscription,. 86 America in the 20th Century,. 90 Wages of Massachusetts and Pennsylvania, 92 Moral Growth in College 9S A Bicycle Episode, 98 In Memoriam, Adonais Eycidas, 101 Editor's Desk 106 The Qualities of Present-day Wit 108 History of the Phrenakosmian Society.—1831-1882 no r FAVOR THOSE WHO FAVOR US. For Fine Printing GO TO ^illS The J. E. WIBLE m .PrintinQ Rouse Carlisle Street, GETTYSBURG, PA. C. B. Kitzmiller, Dealer in Hats, Caps, Boots and . Douglas Shoes GETTYSBURG, PA. J. H. Myers, Fashionable Tailor, Clothier and Gents' Furnisher. The best place in town to have your Cloth-ing made to order. All workmanship and Trimmings guaranteed. No charge for re-paVrsamlVessing for one year D.™ and Repairing a specialty. Ready-maae Clothing the largest stock in town Up-to-date styles. Bicycle Suits and Breeches Headquarters. 11 Baltimore St., Gettysburg, Pa. R. A. 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Eighty-live volume*, told separately, fiO cts. ea-c-hh,. Sendfor Int. HTHDS & NOBLE, Publishers t-5-13-14 Cooper Institute N. T. City Schoolboohs ofall pub- orsome other lishers at one store. 1////////// y\ language? .THE. GETTYSBURG MERCURY Entered at the Postoffice at Gettysburg as second-class matter. VOL. VIII. GETTYSBURG, PA., MAY, 1899. No. 3 Alumni Editor. REV. F. D. GARLAND. Editor-in- Chief. J. FRANK HEILMAN, '00, Assistant Editors. IlUTHER A. WEIGLE, '00. S. A. VAN ORMER, '01. Business Manager. Assistant Business Manager. JOHN K. HAMACHER, '00. CLARENCE MOORE, '02. Advisory Board. PROF. J. A. HIMES, LIT. D. PROF. G. D. STAHLEY, M. D. PROF. J. W. RICHARD, D. D. Published monthly by the students of Pennsylvania (Gettysburg') College. Subscription price One Dollar a year in advance, single copies Fifteen Cents. Students, Professors and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. 1 "SHE STOOPS TO CONQUER." AS in the world of nature, so in the realm of art and letters, there are varied phases of worth and beauty, different de-grees of excellence. But each separate work of art has its place in the grand whole of earth's literature, its mission to fulfill, just as every part of nature's unity is adapted to meet some one of the many needs, the varying moods of man. In the physical world the valley has a peace, as the mountain peak a grandeur ; the violet a tenderness, as the oak a strength ; the brook ripples ' tighter, while the cataract roars thunder. Each has an individual beauty, each performs its appointed task. L,ethim, to whose soul appeals the awful majesty of nature, stand in wonder at the brink of Niagara, or silent within the shadow of snow-capped Alps. One whose heart responds to a gentler touch may find greater joy in the sunlit meadows, or by a quiet stream. Perhaps he lacks strength to climb the steep mountain I 82 THE GETTYSBURG MERCURY. path, or courage to face the spray from a dashing torrent. Shall he less enjoy the breath of a forest flower, or the voice of a wood-land bird ? There are times when the soul struggles skyward, and stands with a Shakspere on some lofty summit, from whose height is caught a glimpse of the vast panorama of human history; or times when the soul loses itself in the sublime music of a Brown-ing's mighty thought; but there are also seasons where the mind turns for recreation and refreshment to rest by the laughing brook of a Goldsmith's fancy. So to-day we leave the heights of philos-ophy to spend an hour in the pleasant vale of humor. Someone has classified Man as the only animal having the power of laughter, and while the definition is hardly an exhaust-ive one, it is by no means inapt. And surely there can be no more wholesome sound than the audible expression of a pleasant emotion, the merry, ringing laugh whose spirit is everywhere in-fectious, whose very memory is refreshing, the beneficent effect of which can hardly be overestimated. The ancients recognized the value of a cheerful spirit when they ascribed joy and mirth to the Muse of Comedy, and prepared systematic entertainment for the cultivation of the humorous sense. Modern writers of high ability have deemed it not unworthy of their inspired pens to in-voke Thalia. A keen sense of the comical, a faculty for seeing the humorous side of life and depicting it, is everywhere regarded as a happy gift. Perhaps no author has possessed this gift in greater degree than Oliver Goldsmith, and surely no drama of modern times, in apt illustration of ludicrous situations, in the power to provoke expressions of mirth, can take the place of his comedy "She Stoops To Conquer." From the time of its first production on the stage, when it was unanimously granted by an enthusiastic audience chief place in comedy, up to the present time, " She Stoops To Conquer " has won commendation, both for its literary and its dramatic merit. As a play it is essentially a comedy. For tho' the situations are at times so ludicrous as almost to partake of the nature of a farce, yet the plan of the whole is connected, the conversations, while humorous, are not undignified, the incidents, tho' often ridiculous, are never grotesque ; and these considerations, to-gether with the real literary excellence displayed in skillful delineation of characters, in ready adaptation of words to thought, THE GETTYSBURG MERCURY. 83 unite in raising it above the level of mere farce to the plane of purest comedy. The plot of the play, while not entirely original with Gold-smith, is nevertheless handled by him in a new and attractive manner. He is not the first writer to conceive the idea of a lady's concealing her identity from a bashful lover, but the de-velopment of the story is marked by the author's peculiar mode of thought and expression. Some have even seen in the com-plication of events as portrayed a reference to some personal ex-perience, but be that as it may, the characteristic wit and humor, the individual style, are undoubtedly Goldsmith's own. Whether or not he himself ever committed the blunder of mistaking a private mansion for a public inn, we are not called upon to de-cide. But from what we learn of the man's disposition, such an error seems quite consistent—as is the plan of the play—with his per-sonal character. Eet us note the different actors as they pass before us on the stage. With the art of the true dramatist our author has given in the first scene the back-ground of his picture—in this case a chamber in an old-fashioned English country-house—and with a few brisk dashes of the pen sketched an outline of each character. In the very first conversation we catch the spirit of the situation. But a few words from the worthy dame of the house suffice to show us her shallow and rather vain, tho' withal good-natured disposition; her fondness for dress, only surpassed by a partiality toward her wayward son. Nor are we long in recognizing, from the stately manner, the testy temper of the Squire, a typical English gentleman of the old school, one who loves everything old, " old friends, old times, old manners, old books, old wine." A boisterous laugh, breaking iu on the domestic scene announces the spoiled boy " Tony," who throughout the play is destined to be the torment of his indulgent mother, the practical joker and scapegrace generally. The appearance of " Kate " in all the "pretty innocence" of her girlish finery, brings a breath of sweetness into the atmosphere of comedy. Her manner on re-ceiving the news of a lover's early arrival, while showing the dig-nity of her spirit, yet gives us a hint that she is not incapable of playing a dainty trick. In Miss Neville we have a portrait of the ordinary amiable girl of the period, whose love affair, being more conventional than Miss Hardcastle's, lacks the charm of novelty 84 THE GETTYSBURG MERCURY. attaching to that of the heroine. Leaving the mansion for an ale-house in scene second we catch another glimpse of "Tony's" disposition, and in the joke practised by him upon the two gentle-men who, he learns, are his father's expected guests, we find the clew to all the subsequent "mistakes of a night." Of the characters of the two lovers, thus tricked, enough is gleaned in the short conversation to excite a keen interest as to the outcome of the adventure. The play glides on with an easy, rapid movement, introducing scene after scene full of exquisite humor, ludicrous incident, and startling situations, yet all connected by the smoothness of a con-sistent whole. In the scene at the Three Pigeons one detects a spice of satire on the sentimental school of drama, in vogue at that time, a bit of pleasantry quite justified by the attitude of critics toward comedy. In the second act, the amusing sight of Mr. Handcastle training his awkward servants how to behave " when company comes " causes a ripple of merriment, but the quaint courtesy he employs in welcoming his guests recalls to our notice the dignity of the Squire, and makes it quite natural for him to be imperious enough on occasion, and very impatient, in the course of events. His indignation at the conduct of his visi-tors is not to be wondered at! Marlowe with his double nature of impudence and modesty is admirably drawn. What could be more delightfully ridiculous than his first meeting with the heroine ? His stammering diffidence, his embarrassed silence— but " Kate" with woman's keen insight, discovers the merit in him, and with woman's ready tact, evolves a scheme to bring it out. To match her lover's spirit she, too, assumes a double character, and well does she maintain it. Her sparkling wit, her lively spirit, her clever disguise, make the " conquest " a glorious one. Mr. Hastings with the policy of a would-be suitor flatters the the vanity of his lady's guardian with splendid effect. He also makes a friend of " Tony," who, glad to be rid of the " bitter bargain " of his Cousin Constance, is willing to serve Hastings to the last drop of his blood ! For all his mischief the boy is good-hearted, and his efforts of assistance tho' clumsy and bungling are well-meant. The theft of the jewels is eminently characteristic of "Tony." But the climax of the ludicrous certainly comes in the scene at the back THE GETTYSBURG MERCURY. 85 of the garden, when, after driving many miles in a circle, sup-posing herself lost and attacked by robbers, Mrs. Hardcastle falls at the feet of her husband, and begs him to " take compassion, good Mr. Highwayman"—within forty yards of her own door. The crisis past, as is usual in drama the closing scenes are given to making up differences and setting everything right, so that all ends " merry as a marriage bell," and we are left to sup-pose— as fairy-tales say—they " lived happy ever afterwards." In relation to its own time '' She Stoops To Conquer '' easily holds first place among dramas of the eighteenth century. For at the time of its presentation, as we are informed in the Prologue, the Comic Muse was on the point of breathing her last, having been almost smothered by the atmosphere of sickly sentimental-ity and affectation then prevailing. But the fresh, healthful air of Goldsmith's delightful humor seems to have revived her. Hence it is but true poetic justice that the " sweet maid " should award first honor to her rescuer. As regards our time, or indeed every time, little need be said of the function of comedy. All the world enjoys a laugh, and as long as this '' touch of nature '' remains to humanity the pure fun in Goldsmith's play will be appreciated. There is a permanent place—not only on the shelves of the world's library, but also in the hearts of earth's people, for " She Stoops To Conquer." " Sharan." —ANNA R. WBI,TY. Edition Consulted—Harold Littledale-s, with Introduction and Notes. The voice of one who goes before, to make The paths of June more beautiful, is thine, Sweet May! -Helen Hunt. Now the bright morning star, day's harbinger, Comes dancing from the east, and leads with her The flowery May, who, from her green lap, throws The yellow cowslip, and the pale primrose. Hail bounteous May, that dost inspire Mirth and youth, and warm desire! —Milton. ■ 86 THE GETTYSBURG MERCURY. A LESSON FROM AN INSCRIPTION. EARL,Y in June of their Junior year in Pennsylvania College, Will Gray and Harry Brane, as was their custom, left their boarding house immediately after supper for a stroll on the Battlefield. A shower, during the afternoon, had cooled the air, though it did not make walking unpleasant on the avenues. They walked leisurely past the National Cemetery, seemingly unconscious of their surroundings,—they had become accustomed to historic en-vironment,— and soon found themselves on Culp's Hill; where, partially hidden from the slanting rays of the sun by the foliage of the trees, they sat down for a little rest. They were somewhat warm by study, and especially by an ex-amination during the afternoon ; but as they sat here, thoughts of the examination were driven from their minds by the panorama that presented itself to their gaze. Eagerly they looked at the surrounding scenes: before them was that magnificent equestrian statue of Gen. Hancock and the group of monuments that sur-round it, all marking the spot where contending forces struggled. Farther in the distance they could but dimly distinguish the shafts on the field of the first day's fight; through the gathering haze of evening they could yet see the observatory on Big Round Top, and while looking in that direction they saw the emblem that waved in triumph there during the battle lowered over Meade's Headquarters. Feeling the need of more exercise and being somewhat rested, Will suggested that they go to Spangler's spring. Harry con-sented and soon they were descending the eastern slope of the ridge, shut off from the rays of the waning sun but enjoying the cool, invigorating breeze. As they proceeded Harry broke the silence. '' Will," said he, "the inscription on yonder stone fills me with sadness whenever I look at it, or even think of it; it seems too bad that the state of Maryland should have to make the distinction." They stopped and looked at the stone; its peculiar shape had attracted their attention before, but on no previous occasion had the inscription struck Will so forcibly, if, indeed, he had ever thought of it at all. Now he read aloud, '' Maryland's Tribute To Her Loyal Sons." THE GETTYSBURG MERCURY. 87 I Having passed a few comments on the great evil of holding human souls in subjugation, and on the great misfortune that it was started in this "Land of the Free," they walked leisurely on, little dreaming that at the end of their journey their attention should be called to the same inscription on another monument. As they proceeded they commented on the artistic design, the classic figure, the coat of arms, the corps badge, or whatever was particularly attractive about the several monuments along the avenue. Soon they arrived at the spring where they beheld a man sit-ting at the trunk of a large tree near by. As they advanced, the gentleman raised his head from a posture of meditation and said, "Good evening, young gentlemen." The boys returned the sal-utation, observing at the same time that his eyes were full of tears. He presented the general appearance of sadness. Will, extending a glass of water, addressed him, "Do you care for any?" "Thank you," said he, as he rose to his feet and took the glass in his large but pale hand. He was tall and well proportioned, though his face was some-what wrinkled and his hair and beard were gray with advancing years. The thirst of all having been satisfied, the stranger asked, "Are you students at Gettysburg?" Simultaneonsly they replied, "We are." "I assumed as much," said the gentleman, "for my long expe-rience and association with young men has led me to think I can tell students when I see them." "Then you are a teacher, I infer," said Harry. "Yes, I have taught in a North Carolina College since'68;" he replied, and continued, "I find delight in dealing with young men, I enjoy seeing the mental unfolding and the development of man-hood and character, but I shudder when I think of the possible course of each—excuse me, joung gentlemen, I do not wish to— I forget myself sometimes." Here the gentleman was filled with emotion by some thought that we were curious to know because of its effect upon him. While he thus struggled with some inward force there was a profound silence. The shades of night had already begun to settle, and through the leaf-latticed windows of the sheltering foliage we 88 THE GETTYSBURG MERCURY. could see scattered stars. The pale moon was also visible, for the sky had cleared and was without a cloud. The song of the whip-poorwill, mingled with the chirp of crickets and the croaking of frogs made it all the more dismal. As the boys looked upon the struggling man, many thoughts came to their minds, and finally Harry said, "My dear sir, you need not hesitate to point out to us anything that you, with your broad experience, have found detrimental." "Your observation may save us much trouble," added Will. "My story, boys, is the burden of my own heart; and this is, in many respects, the most impressive spot in the world to me. On yonder monument is an inscription that tells the sad story. '' My father owned a few slaves in southern Maryland at the break-ing out of the Civil War, and naturally, he favored the South. My mother, a Northern lady by birth, was opposed to slavery and had long plead with father to free those he then owned. This he would not do. She constantly prayed that her sons would not take up arms against their Nation's flag and fight for a 'curse' to humanity. Her only children, Charles and myself, had frequently during family worship, heard her offer this petition: in fact, we had promised that we would not do so. ' 'To avoid being pressed into the service both of us left home to visit mother's parents in Massachusetts. Before leaving, while on our knees, our mother asked God to give us strength to carry out our purpose. Both of us had graduated at Harvard, my brother in the class of '58 and I in in the class of '59. Charles responded to the President's call for troops and, by request, was assigned to a Maryland regiment. A few days after he left, I received a letter from a former associate of mine stating that I could have a Captain's commission in the Confederate army if I would ac-cept it. At first I spurned the idea, but I could not drive it from my mind. Later, I begati to consider that during the disturbance I could not engage in business, that father's property might be con-fiscated or destroyed, and I would be penniless in the world. These thoughts I could stifle, but when I would picture to myself the officer drawing big pay, and above all wearing epaulets, and holding a commission, I could not resist. I went south and joined the Confederate army ! O, why did I do it! I had gone through the great University and withstood all THE GETTYSBURG MERCURY. 89 temptations : I had abstained from the use of liquor in all forms ; I had done all my work honestly; in short, I had led a practically pure life throughout my college course, and now could not con-quer my desire for vain glory and aggrandizement! I had forgot-ten my mother's prayers and my promise to her. I was deaf, dumb ! I loved the 'Stars and Bars,' because under that emblem I received my honor. O delusive phantom !'' Here he sobbed as a child. Presently he continued,' 'The war progressed; my brother and I both fought here ; I as a captain un-der an unjust flag, a rebellious emblem; he as a private, under the Stars and Stripes of Liberty. He fell here on that fatal day of July '63; I retreated with the army to Virginia, not knowing that, had I listened during the night I might have heard him in his death agony ! He died a hero and a patriot; I lived a rebel. Yonder inscription, 'Maryland's Tribute To Her Loyal Sons,' in-cludes him, but oh! it condemns me ! Mother died during the war and father, a Confederate Colonel, was killed at Antietam. I alone remain, and I often wish I too had fallen on the field of bat-tle in the height of that vain glory and enshrouded in that uniform —wearing those gilded epaulets, that allured me from the path of duty and right. Young men, I came to a realization of my mis-take too late, but I endeavor by my experience to lead others to see the folly of worldly praise." During the recital of these events, their companion spoke with an impressive earnestness. At the conclusion they walked to town together. He gave them his card in exchange, and they left him at his hotel. Deep and lasting was the impression made by this sad story on the students ; so deep and permanent was it that after fifteen years, they refer to it as if it were lately heard. The impression made entered into and influenced the lives of the boys, and the good results are now visible in their ministry. The new-born May, As cradled yet in April's lap she lay. Born in yon blaze of orient sky, Sweet May ! thy radiant form unfold, Unclose thy blue voluptuous eye, And wave thy shadowy locks of gold. ■—Erasmus Darwin. go THE GETTYSBURG MERCURY. AMERICA IN THE 20TH CENTURY. THE history of the world is the sum of the histories of nations. Some have come into being, and like the mist of an early summer's morning, have passed into utter obli-vion ; others into comparative insignificance, yet each working out its own destiny. The story is one; the nations are but chap-ters. The story of the world is the story of a progress which had its beginnings, its marvelous advancement, but which has not yet attained its end. Each century is not only the heir of the past, but the past repeated in an ever enlarging horizon. The nineteenth century has gathered up into itself all that was of permanent value in the eras that have gone ; but is at the same time only the last expression of an impulse that has been strengthening from the beginning. At the dawn of the twentieth century we look out upon a new era in which not might but love shall be the dominant principle. The early stage of humanity made warfare and strife a neces-sary characteristic of the race. The survival of the fittest seemed to be the ruling spirit. But with the evolution of society the pre-texts of war have changed. The stream of history which had its origin on the coasts of the Mediteranean and is fast reaching the remotest parts of the earth, reveals human warfare in an entirely different light. It is the struggle of civilization against the modes of barbarity, each chapter describing its own influence upon society. May we not believe that the brightest chapter of the world's history is the history of America. Our political family is a pecu-liar one. Its citizens are representatives of almost every nation of the world. Men of different languages, manners and aptitudes are here thrown together, the result of which must be a new man. As the florist crosses and recrosses the various species of the lower order until there is developed a new plant of surpassing growth and beauty, so this silent yet continuous process of mixing is de-veloping in the American people a new race which promises to be the greatest factor of the 20th century civilization. I can not conceive that our government is only a fanciful creation of the mind, which like a bubble, floats gently and majestically on the placid bosom of the stream of history only at last to be seized by the swiftness of the tide and hurled against the rock of destruc- THE GETTYSBURG MERCURY. 91 tion. Rather is it the beginning of a realization of the Utopian dreams of the ancient philosophers. We are accustomed to censure the nations of Europe at whose hands our fathers were driven forth to the wilds of America, but we must not forget that such persecution was neces-sary to the ethical evolution of the race. Character can be formed only under freedom from political coercion. Such freedom was guaranteed by the constitution which united the American colo-nists into a great government '' of the people, by the people and for the people." The flower of character is love, which is only another name for altruism, the impulse which makes a man seek for his highest happiness in the welfare of another. And it is with a view to this altruistic spirit that we look for the future greatness and integrity of our land. Do you ask what we have done to merit such high claim. Is it nothing, then, that from the beginning of our existence as a government we have afforded a refuge for the oppressed and wretched of all lands ? Is it nothing that we have sent of our substance to the starving and distressed of far off India, China, and Africa? Is the justice and humanity which we have ex-hibited in our warfares only the passing dreams of a sleeping na-tion ? What was it that caused us to permit those who in our late Civil War wantonly caused the death of so many thousands of their fellowmeu to live in safe obscurity beneath the shelter of a government they sought to overthrow? For shame to those, who in our late war with Spain, could use the revengeful battlecry, " Remember the Maine." This was not the spirit of the nation. I,ove! Eove! was its motto. The great powers of Europe boast of their twentieth century civilization, yet before their very thresholds they permit the per-petrations of atrocities that can be compared to those of the Mid-dle Ages only. Humanity and justice are sacrificed for selfish interests. Not so with America ! The cry of the oppressed for liberty rings across the sea, and like a flash the answer flies back, "In the name of Humanity receive thou it." In the name of Humanity we have taught the world that here the progress of civilization has reached that stage of development where it can no longer permit the rude barbarism of the past ages, but will hurl itself before the iron tread of the oppressors, and having smit-tem them to the earth will yet look upon them with compassion, 92 THE GETTYSBURG MERCURY. and in the face of a glorious victory utter the tender admonition : " Boys, don't cheer, the poor fellows are dying." What though the arts have reared few monuments among us, and scarce the trace of the muse's footstep is found in the path of our forest, or along the banks of our rivers, yet our soil has been consecrated by the blood of heroes, and by great and holy deeds of peace. This the Goddess of Liberty is proclaiming to the very isles of the seas. A government standing on such principles can rightly claim the favor of the God of nations ! There are those who look with apprehension upon the newly proposed policy of the United States. They point us to Greece, whose very hills resounded under the eloquence of a Demos-thenes, to Rome who held the nations of the world spell-bound un-der her material powers. Yet, say they, to-day there is no Greece ; there is no Rome. It is not alone art and philosophy, nor politics and jurisprudence that form the safeguard of a nation. These are only the pharaphenalia of Government. Its true splendor is em-bodied in its ethical character, the ideals which it seeks to realize. It is this which has placed America on its proud eminence. It is this which at the end of the nineteenth century, we offer as our tribute to the new era upon which we are about to enter. Because America is the incarnation of this altruistic impulse, her integrity and stability are assured, and in the coming century she will direct the world's progress toward that far off period to which the human mind looks for the fulfillment of its vision of a perfect social state. —T. J. R., '99. WAGES OF MASSACHUSETTS AND PENNSYLVANIA. IT is surprising to note how that a state so heavily handicapped in the race for prosperity as Massachusetts is, may by good management and good political economy be placed in that en-viable position of being as is claimed, the state that pays its labor-ers the highest wages in the Union. Think of the various difficulties that she has to grapple with. She is compelled to bring all her raw materials, food and fuel vast distances, thus adding greatly to the cost of production, and hence necessarily subtracting from the wages; yet, notwithstand-ing these drawbacks, she stands at the head in the amount of wages paid to laborers. THE GETTYSBURG MERCURY. 93 Of course we must take into consideration the fact that the laborers of Massachusetts are of a comparatively high state of in-tellectual capability, and are as Walker says, "so gifted with mechanical insight and aptitude as to acquire the rudiments of any art in an astonishingly short time," thus by their very con-stitution helping in the race for prosperity. In the case of Pennsylvania, we have a state directly opposite to Massachusetts in many respects. She is not compelled to haul her raw materials, food, fuel, any great distances, for her soil amply supplies the wants of the people. To gain an adequate idea of how the two states compare in the wages paid to laborers, it is pertinent to give some data for the average individual wages of various occupations. The average number of laborers em-ployed in the particular industry and the average amount of wages paid per man per annum are given: ♦INDUSTRIES. Agricultural implements Baskets, rattan and willow ware Blacksmithiug and wheelwrighting Book-binding Man. boots and shoes Boxes, fancy and paper Bread and other bakery products Brick and tile Carpentering* Cotton goods, + Cutlery Foundry, machine and chop products- Hosiery and knit goods Iron and steel Masonry Painting and paper hanging Plumbing and gas-fitting Printing of newspapers Silk and silk goods Tobacco, cigars and Cigarettes S S 2 a d p.- a a & w 787 932 3,257 1,829 69,934 2,710 4,479 3,261 17,092 76,213 1,784 25,027 4,675 1,604 10,384 6,145 4,532 5,996 3,216 2,835 1,895 172 4,773 1,962 7,952 2,503 6,915 1,361 12,727 12,960 1,047 40,635 15,941 86,437 13,854 6,558 4,205 10,658 9,522 18,969 t»a o $570.17 $474.16 $96.01 387.07 422.56 641.29 507.76 133.53 445.67 440.65 5.02 499.75 421.20 78.55 354.94 279.60 76.34 553.96 495.06 58.90 334.39 342.67 707.29 683 51 23.78 344.16 369.29 509 53 484.61 24.92 619.04 592.29 26.75 319.84 296.89 22.95 491.31 563.13 701.75 665.85 35.94 667.33 660.06 7.27 665.73 642.22 23.51 691.19 616.21 74.98 403.10 313.09 90.01 517.63 341.19 176.44 0 K'n 135.49 8.28 25.13 71.82 * Statistics from 11th commercial census. X The difference may be accounted for by the fact that Massachusetts employs six women to one man. The Massachusetts data are obtained from the average reports of 26,923 industries, those of Pennsylvania from the averaged re-ports of 39,339 industries. In Massachusetts the average number of people employed is 485,182 receiving $239,670,509 in wages;in Pennsylvania the average number employed is 620,562 receiving $305,590,003 as wages. The average amount of wages paid a Massachusetts laborer is $494 per annum; average amount paid a Pennsylvania laborer is $492.44 per annum. 94 THE GETTYSBURG MERCURY. I say we wonder how it is that Massachusetts, destitute of agreeable climate, of navigable rivers and lakes, of iron and copper, silver and gold, cotton, wool and other raw materials, of coal, oil, wood and other fuels, wheat and corn, cattle, rice, sugar, fruit and other foods,—is able to pay more to her laborers than is Pennsylvania, which is admirably situated, plentifully supplied with the necessaries of life, with fuel and metals. How is it that Massachusetts being compelled to transport com-paratively all of her raw material can pay these wages ? Let us take a look at the people, at their qualities, and I think we can read our answer there. The people are intelligent, therefore are able to work to their best interests; are, because of their intelligence, capable after a short apprenticeship able to manipulate the most intricate machin-ery ; they are not strongly attached to any given community, but are ready to move about if their best interests call for it; are alert, aggressive, inquisitive, all of which qualities are essential to a la-borer in order that he may get what is properly his. The people of Massachusetts coming the nearer to having these qualities from the theoretical standpoint, obtain the larger wages, as must inevita-bly follow. Seeing now that the Massachusetts laborer obtains the more wages, it is pertinent for us to inquire whether the wage earner of Massachusetts has so much more left over from his earnings after his expenses have been paid than has the laborer of Pennsyl-vania. As has already been mentioned Massachusetts has prac-tically no raw materials, no fuel and no food. She is compelled to bring her raw materials, food and fuel vast distances, and it is undoubtedly true that this necessity of her's to transport her supplies, increases the prices of the things greatly. On the other hand Pennsylvania produces, within her own boundaries, all the raw materials that she needs, hence the retail price of goods is less than in Massachusetts. It is an acknowledged fact that the cost of living is higher in Massachusetts than in Pennsylvania. And since the average wages of the two states differ but by $1.56 in favor of Massachu-setts, we are justified in concluding without further demonstration, that the difference in the wages is not as great as supposed, and that the balance is in favor of Pennsylvania. —H. C. R. THE GETTYSBURG MERCURY. 95 MORAL GROWTH IN COLLEGE. TO those who have had the privilege of spending four years at college the affirmation of "moral growth in college" may-seem somewhat inconsistent with what they experienced. In regard to the individual, as a rule, the opposite is noticeable. We have seen young men, who came from Christian homes and were known to have been active in Christian work before entering college, from the beginning of their course, begin to decline mor-ally and ere long behaving in a manner unbecoming to any pro-fessed follower of the Master. The reason why it is so easy for students to become careless during their college course is obvious. Students in general live in a little world of their own. Many of them are completely iso-lated from society and all are free from the responsibilities of ac-tive life. Those with whom they come in contact, are young, hopeful, and vivacious. The jests and laughter of merry com-panions oftentimes cause them to forget the wise counsel of loving parents and drowns the sound of the still small voice." Other things being equal, our college days ought to be happy days in our life's history. We know, however, that many by forming a wrong conception of what their college days are for and by not heeding the obligations and responsibilities that are in-volved upon them as students, have turned the joy into sorrow, the blessing into a curse, and blighted the hopes of those who loved them best. The failures, that are made in college, are generally due to bad influences that are brought to bear upon students on entering col-lege. Some are very susceptible to the evils that are usually lurking around college and they become contaminated imme-diately. It is very seldom, if ever, that a student, who entered college without conditions, is dismissed for not being able to keep up with his class. If a student has been sick, he is treated very leniently by the professors, and when it is hard for a student to grasp his studies, if his instructors know that he is an honest, hard-working student, he is generally marked so that he can get along with the class; when a student has been expelled, it is quite likely that he has been careless and mischievous and al-though, at times, it may seem hard to do it, still in the end it may be best, for all concerned, that such severe measures are 96 THE GETTYSBURG MERCURY. taken. There is an evil idea that is prevalent in college: the notion that one is not held accountable for what he does morally. Students have been guilty of doing things, that outside of college, would have branded them as criminals. When we consider the matter thoughtfully we can readily see how misleading that feel-ing is. The fact, that what we do during that period is going to influence our future usefulness, ought to weigh heavily with us ; besides we owe it to our friends, to society, and to God, to make the most out of our opportunities and to remember that it is not only a preparation for life but that it is an important part of our lives. Among the different agencies, in college, that are intended to develop the moral side of the student, that of the Young Men's Christian Association is without doubt the one most potent in either preventing him from neglecting his Christian duties, or if he is not a Christian in leading him to accept his Master. The organization stands for all that is noblest and best in elevating the lives of the students to a higher plane of Christian manhood, and judging by the marked success with which it is meeting, it is deserving of the encouragement and prayers of all interested in higher education. For the benefit of the alumni and others who may be inter-ested but unacquainted with the work of the Y. M. C. A. in our own college, we can truthfully say that it is flourishing at pres-ent and the spiritual condition of the institution is considered to be at a high standard. The society has enthusiastic officers and leaders in the different departments of the work, who, we feel sure, will carry on the work very efficiently during the coming year. The improvement, in the moral condition of the college dur-ing the last few years, is recognized by all the older students of the institution, who are interested along the line we have been indicating. There are more students in college to-day with the idea, that to have a good time during their college days does not consist in disobeying divine and college laws, which would be likely to bring them into trouble and disgrace, but that there are innocent enjoyments to participate in, the validity of which is not questionable. Since we have been engaged in writing this article, it has given us pleasure to see the enthusiasm of those taking part in the THE GETTYSBURG MERCURY. 97 different college sports and manifesting what we consider to be true college spirit. The track team men are practicing hard and a good showing for the team can be expected. The baseball team is doing fairly well this spring and gives promise to be an honor to the college. The musical talent of the college has been gath-ering in front of the dormitory during the beautiful spring even-ings and the campus has rung with songs and merry laughter. If you were to have the pleasure of witnessing these scenes, it is not likely that you would have your ears insulted by bad language. We do not wish to create a false impression and have you think that profanity is obsolete around the college, for it is not; but we do not mean to intimate that it is not encouraged but rather is looked upon as detracting from the popularity of those who are guilty of it. We believe that all who are interested in the col-lege will agree with us that its moral condition is very essential, and our desire is that it may have its proper place in college in-terest. Alumni when inquiring about the college affairs ought to remember it, for perhaps the fulfillment of many of your hopes that are centered here is conditioned on the moral influence of the institution. Shall we not encourage and pray for all the agencies that are helpful in promoting it ? c*p The daisies peep from ev'ry field, And vi'lets sweet their odor yield'; The purple blossom paints the thorn, And streams reflect the blush of morn. —Peter Pindar. Among' the changing- months, May stands confessed The sweetest, and in fairest colors dressed. —Thomson. 98 THE GETTYSBURG MERCURY. A BICYCLE EPISODE. ALBERT LATIMER was a young man from a small town of Pennsylvania, who came to college when seventeen years old. Albert's father though not wealthy, was able to send his son to college with a modest allowance for pleasure and comfort. But when Albert left home his father said among other parental advices, " Now Albert be careful of your money, don't spend it foolishly." And I think his words were heeded. Young Latimer was a youth of ordinary ability, he had very good chances of making a scholar of himself, for he was ambi-tious. He had a strong, healthy body, a little above the average build and weight, and, as he grew older, he thought he would de-velop and perhaps become guard or tackle on the "Varsity" eleven. He had other ambitious, however, besides football. He was a plodder and hoped to become a professor upon receiving his degree. His intention was to make the most of his time and this he did. About a week after entering college, when he was comfort-ably settled in his college quarters, he began taking little trips over the battle-field, after his studies for the day were done, visiting some special point of interest each evening. He was delighted with the wheeling the excellent avenues afforded. Ever since he began the study of History in the public schools Abert always had admired "The Battle of Gettysburg" and that was one of the topics he always had "learned by heart." He had heard and read about Devil's Den, Little Round Top, the Peach Orchard, Valley of Death, the High Water Mark, Bloody Angle, and Culp's Hill. Now since he attended a college situated on this great field, he had an excellent opportunity of seeing and learning all about these places, and in less than a week he might have conducted a party of tourists over the field, lecturing as fluently and eloquently as any of the famous battle-field guides. One evening in September he took his wheel and started for Culp's Hill. It was at this place that some of the most bloody fighting occurred. Culp's Hill lies South of the town, and from a distance you can see an observatory on the summit. Numerous monuments mark the positions of the different divi-sions of troops. The earthworks are still noticeable. On the top of the hill stands a small monument that is pointed out to every THE GETTYSBURG MERCURY. 99 visitor because it is the only confederate monument on the field. Spangler's spring is at the base of the hill on the opposite side from which you approach. It was at this spring and over this hill that I ©utfite Complete Catalogue Spring and Summer Sports Free. The Name the Guar-antee." a. ©. Spalftlng 8. JBros. New York .\ Philadelphia •.• Chicago ROWE, .Your Grocer. Carries Full Line of Groceries, Canned Goods, Etc, Best Coal Oil and Brooms at most Reasonable Prices. OPPOSITE COLLEGE CAMPUS. S. J. CODORI, Jr. *M Druggist** Dealer in Drugs, Medicines, Toilet Articles, ^ Stationery, Blank Books, Amateur Pho-tographic Supplies, Etc., Etc. .Baltimore Street. R. H. Gulp, PAPER HANGER, Second Square, York St. COLLEGE EMBLEMS. EMIL ZOTHE, ENGRAVER, DESIGNER AND MANUFACTURING JEWELER. 19 S. NINTH ST., PHILADELPHIA, PA. SPECIALTIES: Masonic Marks, Society Badges, College Buttons, Pins, Scarf Pins, Stick Pins and Athletic Prizes. All Goods ordered through . H.Tilp. Gotrell Leonard! 472-474 Broadway, Albany, N. Y. makers of CAPS, GOWNS and. HOODS To the leading American Colleges. Illus-trated Manual, etc., upon application. Meneely Bell Co. TROY, N. Y. MANUFACTURERS OF SUPERIOR BELLS The 2000 pound bell now ringing in the tower of Pennsylvania Col-lege was manufactured at this foundry. PATRONIZE OUR ADVERTISERS. You can't expect to create the im-pression that yon are well dressed unless your clothes are MADE FOR YOU. Equivocate as you may, the fact remains that ready-made garments lack that air of exclusiveness which custom work possesses. J. D. LIPPY, Merchant Tailor 39 Chambersburg- St., Gettysburg-, Pa. G. E. SPANGLER, j» Dealer in Pianos, Organs, Music, Musical Instruments, Strings, Etc. YORK STREET, 1ST SQUARE. GETTYSBURG. L. D. Miller, Grocer, Confectioner and Fruiterer. Ice Cream and Oysters in Season . . . \9 Zrtairt St., Gettysburg. City Hotel, Main St. Gettysburg. J* Free 'Bus to and from all Trains Thirty seconds' walk from either depot Dinner with drive over field with four or more, $1.35 Rates $1.50 to $2.00 per day. John E. Hughes, Prop. 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Si es previsión constitucional la garantía de la responsabilidad y la interdicción de la arbitrariedad de los poderes públicos, como veremos, la ciudadanía está en la obligación y derecho de exigir la eliminación de cualquier forma de manipulación y corrupción que se hace realidad al existir mecanismos de control en la actuación contractual, que van más allá del recurso contencioso-administrativo, y que adopta hoy forma de recurso especial en materia de contratación con el que lograr la legalidad en la decisiones precontractuales, y en última instancia el principio de buen gobierno en sede de contratos, como realidad y no como mero objetivo así como la ejemplaridad en toda función pública, descartando mecanismos de corrupción en nuestro sector de los contratos, pues sin ética del gobierno no habrá posibilidad de lograr una eficaz y eficiente Administración. Así la satisfacción de los intereses generales que guían el actuar de la Administración, provoca que cuando la prestación de consentimiento contractual se realiza por una Administración o ente público, dada la finalidad a que debe tender toda acción administrativa de satisfacción con objetividad de los intereses generales, la inicial libertad contractual se encuentra singularmente matizada, a causa de que la Administración no puede contratar con quién quiere, sino con quién debe, es decir con el mejor interesado a establecer vínculos contractuales con ella (STS de 20 de Diciembre de 2007). En definitiva si la contratación pública está presidida por el principio de inalterabilidad del fin de interés público, esto obliga a que la Administración disponga de una serie de prerrogativas delimitadas por el juego de los principios esenciales de la contratación administrativa, la preponderancia del fin de interés público y respeto al equilibrio contractual (Consejo Consultivo de Castilla La Mancha, Dictamen nº 86/2005, de 15 de junio) asegurándose así el mejor cumplimiento de interés público, la eficacia y eficacia en la gestión contractual y evitando posibles corrupciones, para cuya erradicación existen mecanismos legales suficientes. De manera que el recurso especial en materia de contratación y su regulación para la eficiencia en su utilización nos induce a la consecución efectiva y eficiente de la prestación demandada. En el presente trabajo se presenta y explica la importancia de la figura del recurso especial en materia de contratación pública como mecanismo de control. Para ello se aborda inicialmente su regulación, resultando ser un medio de origen comunitario, lo que nos obliga a analizar tanto las Directivas comunitarias principalmente la Directiva 89/665 como la jurisprudencia comunitaria, por cuanto la base y respaldo de la regulación la ofrece la interpretación de esto Tribunal básicamente de los principios generales de la contratación a aplicar en cada Estado miembro. Razón que nos obliga a estudiar en apartado específica cada uno de estos principios aplicados a la contratación pública en general y al recurso especial en particular. Son principios siempre presentes la transparencia, objetividad y eficacia en la actuación pública, de mear que así comprendamos la rapidez y eficacia que se delimitan como notas del recurso especial desde el prisma comunitario. Ante esta realidad la regulación española para hacer realidad aquellos principios general de la contratación y obligado el Derecho de la Unión Europea regula este medio de control efectivo de la actividad contractual de la Administración y el instrumento para hacer lo efectivo como son los tribunales administrativos de recursos contractuales. El mecanismo del recurso especial que sin embargo en España ha encontrado dificultades por parte de las autoridades para incorporarse a nuestro ordenamiento. Dificultades que tras encontrar respuesta de la jurisprudencia comunitaria , obligó al legislador español a su reconocimiento y regulación. El impulso comunitario hacia la creación en los Estado Miembros del recurso especial, fue motivado al apreciarse el lento y subjetivo mecanismo del sistema de recursos de cada Estado , por lo que se acordó la aprobación de la Directiva 89/665/CEE del Consejo de las Comunidades Europeas, de 21 de diciembre de 1989, relativa a la coordinación de las disposiciones legales, reglamentarias y administrativas referentes a la aplicación de los procedimientos de recurso en materia de adjudicación de los contratos públicos de suministros y de obras, (Directiva de recursos) que obligaba a regular y aprobar un régimen de recursos en materia contractual, con dos notas, rápido y eficaz. Se analiza esta Directiva de recursos en la exposición así como todas las que han continuada su estela, modificándola en búsqueda permanente de la mayor seguridad jurídica y no discriminación. Así se analizarán las Directivas 92/13/CEE, la Directiva 2007/66/CE, Directiva 93/36/CEE del Consejo, de 14 de junio de 1993, Directiva 93/37/CEE del Consejo, de 14 de junio de 1993, Directiva 2004/17/CE y Directiva 2004/18/CE del Parlamento Europeo y del Consejo, de 31 de marzo de 2004, Directivas 2014/23, 24 y 25/UE, del Parlamento Europeo y del Consejo, de 26 de febrero de 2014. El camino jurídico seguido por este instrumento de control, tras las dificultades internas tomaron cuerpo en la presión de las autoridades comunitarias que desembocaron en una carga imperativa de condena materializada en las SSTJUE de 15 de mayo de 2003 Comisión contra Reino de España (Asunto C-214/00) y de 3 de abril de 2008 Comisión contra Reino de España (Asunto C-444/06). Para entender esta obligación, se analizará igualmente la evolución normativa en la materia del recurso especial que ha dispuesto en España. Una regulación que comenzará en la Ley 13/1995, de 18 de mayo, de Contratos de las Administraciones Públicas, pasando por la Ley 30/2007, de 30 de octubre, de Contratos del sector Público ,Ley 34/2010, de 5 de agosto, de modificación de la Ley 30/2007, el Real Decreto Legislativo 3/2011, de 14 de noviembre, por el que se aprueba el texto refundido de la Ley de Contratos del Sector Público y terminará en la nueva Ley de Contratos del Sector Público, Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público, por la que se transponen al ordenamiento jurídico español las Directivas del Parlamento Europeo y del Consejo 2014/23/UE y 2014/24/UE, de 26 de febrero de 2014. Si bien esta nueva regulación vigente a pesar de derogar la normativa precedente, por su escaso desarrollo jurídico desde la perspectiva de la jurisprudencia, de los tribunales de contratos y de la doctrina, obliga en este trabajo, a un estudio comparativo con la regulación precedente de 2011 que nos servirá para su mejor comprensión. Así si antes de la Directiva 89/665/CEE, no existiendo recurso especial se disponía de los recursos administrativos ordinarios, con la Ley 13/1995,de 18 de mayo, de Contratos de las Administraciones Públicas, con la que se transponían las Directivas de recursos de los años 1989 y 1992, no cambio el panorama, sino una vez se condena a España por el incumplimiento de estas Directivas en la STJUE de 15 de mayo de 2003, pues según la sentencia: "no haber extendido el sistema de recursos garantizados por la citada Directiva a las decisiones adoptadas por todas las entidades adjudicadoras (…)" y "no haber previsto la posibilidad de que se tomen todo tipo de medidas cautelares procedentes en relación con las decisiones adoptadas por las entidades adjudicadoras". Tras esta condena y tras la aprobación de la Ley 30/2007, de 30 octubre, de Contratos del Sector Público, se regulaba un mecanismo de recursos en materia de contratación pública. Recurso que era preceptivo. No obstante al ser una incorporación de las Directiva de Recursos de mínimos, se volvió a condenar de nuevo a España en la STJUE de 3 de abril de 2008, por ser un régimen de recursos insuficientes: no se prevé plazo obligatorio para que la entidad adjudicadora notificara su resolución sobre la adjudicación a todos los licitadores; no había plazo de espera obligatorio entre la adjudicación y celebración del contrato y deficiencias de las medidas provisionales. Así tras esta nuevo sentencia condenatoria se aprobó la Ley 34/2010, de 5 de agosto, luego refundida con otras leyes para alumbrar el Real Decreto Legislativo 3/2011, de 14 de noviembre, por el que se aprueba el texto refundido de la Ley de Contratos del Sector Público (TRLCSP) llegando al día de hoy en que se dispone de la Ley de Contratos del Sector Público (LCSP2017) y que transpone a nuestro ordenamiento jurídico las Directivas del Parlamento Europeo y del Consejo, de 26 de febrero de 2014, 2014/24/UE, sobre contratación pública y 2014/23/UE, relativa a la adjudicación de contratos de concesión. III. CARACTERISTICAS DEL RECURSO ESPECIAL. Se abordará de manera propia en su apartado correspondiente el estudio de la naturaleza jurídica del recurso especial, analizando cada una de sus notas: Potestativo, eficaz, rápido, especial, excluyente, paralizándote del procedimiento y revisor. Así como particular mención exigirá el régimen de la invalidez de los contratos y el recurso especial y su relación con el contrato menor desde el punto de visto del fraude por la división del objeto del contrato y el nuevo criterio general marcado por la Ley de 2017 hacia la división en lotes. El recurso especial en materia de contratación pública, es un medio para luchar y solventar las infracciones del Derecho europeo de contratos públicos habiendo sido delimitado hasta la nueva Ley como recurso precontractual, por ser su objeto los actos anteriores a la formalización del contrato. IV.AMBITOS: OBJETIVO/SUBJETIVO. Ser analizará por un aparte su dimensión objetiva y por otra la dimensión subjetiva. Para la objetiva, estudiando los contratos objeto del recurso especial por una parte y por otra los actos controlados por el recurso especial y sus excepciones. Dedicando parte del estudio de la dimensión objetiva a los actos de trámite cualificado, al trámite de emergencia y a la potestad de modificación contractual. La regulación del TRLCSP limitaba el uso del recurso especial a contratos sujetos a regulación armonizada. Realidad criticada por la doctrina en aras al principio de igualdad, la seguridad jurídica y el real y efectivo control a toda actuación contractual de la Administración. Caso contrario muchos serán los contratos que quedaban fuera del necesario control y con ello dando facilidades de prácticas corruptas. Razones que impulsaron al Consejo de Estado (Dictamen nº 514/2006, de 25 de mayo y Dictamen nº 499/2010, de 29 de abril) y a la doctrina se manifestaran por una ampliación y extensión del régimen de recursos a todos los contratos, con independencia de su importe, o, al menor a rebajar estos umbrales. De hecho en España tenemos CCAA que así lo contemplan: Aragón (artículo 17.2.a) de la Ley 3/2011, de 24 de febrero, de medidas en materia de Contratos del Sector Público de Aragón, Islas Baleares (artículo 66 Ley 3/2003, de 26 de marzo) y en Navarra (artículo 210.1 Ley Foral 6/2006, de 9 de junio, de Contratos Públicos). La nueva LCSP2017 presenta novedades respecto al objeto del recurso especial como que se puede interponerse sobre actos y decisiones cuando se refieran a los contratos de obra y concesiones de obra o de servicios con un valor superior a los 3.000.000€ y de 100.000€ para los contratos de servicios y suministros; y siendo también objeto de recurso los contratos administrativos especiales, "cuando, por sus características no sea posible fijar su precio de licitación o, en otro caso, cuando su valor estimado sea superior a lo establecido para los contratos de servicios" y asimismo serán susceptibles de recurso especial en materia de contratación los contratos subvencionados a que se refiere el artículo 23, y los encargos cuando, por sus características no sea posible fijar su importe o, en otro caso, cuando este, atendida su duración total más las prórrogas, sea igual o superior a lo establecido para los contratos de servicios". Sobre su objeto ahora se añaden situaciones que pueden ser causas de nulidad (que se eliminan del texto) y modificaciones no previstas en los pliegos; y sobre la suspensión automática se reconoce la suspensión de la tramitación del procedimiento cuando el acto recurrido sea el de adjudicación, salvo en el supuesto de contratos basados en un acuerdo marco o de contratos específicos en el marco de un sistema dinámico de adquisición". Añadiendo estos actos susceptibles de recurso especial: acuerdos de adjudicación, las modificaciones basadas determinado incumplimiento por entender que la modificación debió ser objeto de una nueva adjudicación, la formalización de encargos a medios propios cuando éstos no cumplan los requisitos legales y el acuerdo de rescate de concesiones. En la dimensión subjetiva, será pieza clave la legitimación para interponer el recurso especial en materia de contratación, dedicando atención al juego diario de la interpretación jurisprudencial y de los Tribunales de contratos a la idea del interés legítimo, y a la legitimación de entidades como: el concejal, las Uniones Temporales de Empresas y las organizaciones sindicales. Se desprende del artículo 1.3 de la Directiva 89/665/CEE que el recurso "sea accesibles, como mínimo, a cualquier persona que tenga o haya tenido interés en obtener un determinado contrato y que se haya visto o pueda verse perjudicada por una presunta infracción ", la legitimación para poder acudir al recurso especial goza de una interpretación amplia para su empleo por los que han sido partícipes en el procedimiento de adjudicación, y también para quienes sin haber participado , acrediten interés legítimo para obtener el contrato (STJCE de 28 de octubre de 1999, Alcatel Austria AG (Asunto C-81/98). Interpretación amplia que también siguen el Tribunal Constitucional (SSTC nº 123/1996, de 8 de julio; nº1/2000, de 17 de enero y nº129/2001, de 4 de junio) el Tribunal Supremo (SSTS de 7 de mayo de 2010 y de 19 de enero de 2015) y el TACRC (Resolución nº 78/2015, de 23 de enero) precisando exista la posibilidad de obtener alguna posición ventajosa o eliminar alguna situación desfavorable. Problemática a analizar es la legitimación de quien no participara en el procedimiento, no recurrió los pliegos antes de la adjudicación, que creía discriminatorios, y que no participó porque no tenía las condiciones de prestar el objeto del contrato por esos criterios discriminatorios del pliegos. Situación que obtuvo la respuesta de la STJCE de 12 de febrero de 2004, Caso Grossmann Air Service (Asunto C-230/02), que consideró conforme a Derecho no reconocer legitimación a quien no participó sino que solo tuvo una posición pasiva. Por su parte el licitador que sí participa y que presenta su oferta, acepta tácitamente con este hecho el contenido del pliego. Por esta razón tampoco dispone de legitimación si pretende impugna la adjudicación por considerar existen vicios en el pliego, pero sin impugnarlos inicialmente y salvo que estemos ante casos de nulidad, en el que sí tendría legitimación (Resoluciones nº 255/2015, de 23 de marzo, nº 195/2015, de 27 de febrero y nº 554/2017 de 23 de junio TACRC). Criterio matizado por la STJUE 12 de marzo de 2015, Caso eVigilo (asunto C-538/13), al admitir la impugnación del pliego, pasado el plazo, si el licitador sólo pudo conocer la naturaleza discriminatoria de los pliegos cuando supo la resolución, notificada por el poder adjudicador. Saber que la doctrina es consolidad respecto al carácter preclusivo de los plazos para recurrir (SSTS 2307/2007, de 21 de marzo y STJUE de 12 de diciembre de 2002, Caso Universale-Bau AG (Asunto C- 470/99) y de 28 de enero de 2010, Caso Comisión contra Irlanda (Asunto C-456/08). Particular estudio se hace de la legitimación del concejal, de las Uniones Temporales de Empresas (UTE) ,de las Asociaciones profesionales y de los Sindicatos por los intereses colectivos que representan: Concejal: Sí disponen de legitimación el concejal a título individual, pero no los grupos políticos en aplicación del artículo 63.1.b/ Ley 7/1985, de 2 de abril, Reguladora de las Bases del Régimen Local (Resoluciones nº 112/2015, de 6 de febrero y nº145/2016, de 9 de febrero, TACRC) UTE: El debate por si pudiera recurrir uno de sus miembros de manera separada de los demás, paso de su negativa reflejada en la STJUE de 8 de septiembre de 2005, Caso Espace Trianon, S.A. - Asunto C-129/04) a su admisibilidad, por respeto a la tutela judicial en la STJUE de 6 de mayo de 2010, Caso Club Hotel Loutraki AE (Asuntos acumulados C-145/08 y C-149/08) y por las SSTS 11 de julio 2006 y 23 de julio de 2008 y salvo el supuesto previsto en la STS de 22 junio de 2009 y Resolución nº 479/2014, de 18 de junio TACRC, en que una de las empresas acepta la adjudicación y no la recurre, pues en este caso las demás no disponen de legitimación para interponer recurso contra esta adjudicación. No participando en la licitación, hay que analizar la legitimación de asociaciones que tiene por objeto defender intereses colectivos, por ello que solo tendrán legitimación, si interés que dicen defender al recurrir está conectado con el objeto del contrato (Resoluciones nº 24/2011, de 22 de junio, nº 294/2011, de 7 de diciembre, nº 20/2015, de 9 de enero y nº 4/2016, de 12 de enero, TACRC). Así Asociaciones profesionales, como un Colegio de Arquitectos dispone de legitimación sobre contratos cuyo objeto es la redacción de determinados proyectos de construcción; la Asociación Española de Empresas de Parques y Jardines sobre aquel contrato de servicios relacionado con jardinería o la Asociación profesional de Ingenierías de Seguridad y Salud en las Obras de Construcción impugnando el pliego que rige el contrato para prestar servicio para el desarrollo de las actividades preventivas y acciones de coordinación en los proyectos y obras. Los Sindicatos: Disponen de legitimación si acreditan un vínculo especial y concreto entre el ellos y el objeto de debate, con lo que obtener un beneficio o eliminar un perjuicio de estimarse su recurso (STC nº 159/2006, de 22 de mayo). Ejemplos de adjudicarse un contrato para la gestión privada de un hospital público o la concesión de obra pública de conservación y explotación que dañe derechos colectivos de los trabajadores. Visto que la Directiva 2007/66/CE, (art. 9.2) no cierra el modelo a adoptar sino que concede libertad a cada Estado Miembro, para que se prevé a si la resolución del recurso se atribuye a un órgano jurisdiccional o no jurisdiccional. Realidad que ha provocado un debate doctrinal sobre la naturaleza jurídica, jurisdiccional o administrativo de estos órganos. Debate para el que se acudirá a la STJCE de 4 de febrero de 1999, Josef Köllensperger (Asunto C-103/97). En España el sistema adoptado es el de un órgano cuasi-jurisdiccional, y aunque desde nuestro régimen jurídico sea un órgano administrativo, en Europa se le atribuye naturaleza de órgano jurisdiccional (STJUE Sentencia del TJUE de 6 de octubre de 2015, Consorci Sanitari del Maresme contra Corporació de Salut del Maresme i la Selva(Asunto C-203/14). Tan solo llamar la atención de la función revisora de los actos recurridos en orden a determinar si se ha producido un vicio de nulidad o anulabilidad de este tribunal, por cuanto es de control de la legalidad del acto impugnado, confirmándolo o anulándolo, pero no pudiendo cambiarlo. Así de encontrase con vicios del acto lo anulará, "ordenando que se repongan las actuaciones al momento anterior a aquel en el que el vicio se produjo, pero sin que el Tribunal pueda sustituir la competencia de los órganos intervinientes en el proceso de contratación, en este caso del órgano de contratación único al que corresponde dictar el acto de adjudicación, so pena de incurrir en incompetencia material sancionada con nulidad radical" (Resoluciones nº 99/2015, de 30 de enero, nº48/2016, de 22 de enero y nº 62/2012, de 29 de febrero TACRC). V. PROCEDIMIENTO. El procedimiento de recurso especial pretende ser rápido, mostrado en la reducción de plazos, así como pretender aplicar la administración electrónica al mismo. Se diferencia parte como: 1.ANUNCIO. Antes de la interposición del recurso en la regulación del TRLCSP se anunciaba por escrito al órgano de contratación la intención de recurrir, señalando el acto a impugnar. Su fin era que el órgano de contratación supiera de la interposición del recurso. No obstante muchos son quienes lo consideran superfluo pues el órgano de contratación sabrá del recurso cuando el tribunal administrativo se lo notifique el día de su interposición. Por ello que su función es cumplida con la presentación del recurso en el registro del órgano de contratación ( Resolución nº 1046/2015, de 13 de noviembre TACRC), así que con la nueva LCSP2017 es novedoso que el procedimiento del recurso especial se interpone sin necesidad de anuncio previo. 2.INTERPOSICIÓN. La interposición da comienzo al procedimiento de recurso. Con un plazo de caducidad de interposición de quince días hábiles, y con diferencia de cómputo en un criterio general y tres específicas según el acto recurrido. El general que se computa desde el día siguiente a aquél en que se remita la notificación del acto impugnado y específicas, según el objeto del recurso: el anuncio de licitación, los pliegos y demás documentos contractuales o los actos de trámite. 3. LAS MEDIDAS PROVISIONALES. Se analizan las medidas provisionales como medios para corregir las posibles infracciones del procedimiento o impedir que se causen otros perjuicios a los interesados afectados, cuya petición podrá ser previa a la interposición del recurso o junto al escrito de recurso. 4. LOS TRÁMITES BASICOS son: la comunicación al órgano de contratación y remisión del expediente; la audiencia a los interesados; la prueba. 5.RESOLUCIÓN. Termina el procedimiento con una resolución del tribunal a adoptar resolver el recurso en el plazo de cinco días hábiles. Todo el procedimiento cumplirá un plazo máximo de resolución de dos meses desde el día siguiente a su interposición. Transcurrido se entiende desestimado a efectos de interponer recurso contencioso-administrativo. Como contenido de la resolución, que deberá ser motivada , podrá ser acordar sobre la Administración indemnizar al interesado por los daños y perjuicios provocados por la infracción legal que provocó el recurso. También se acordará, si procediese, levantarla suspensión automática del acto de adjudicación y de las restantes medidas cautelares que se hubieran acordado, y devolverse la garantía exigidas. Y multas en caso de apreciarse temeridad o mala fe. Los tribunales administrativos han intentado precisar qué se entiende por temeridad o mala fe por el licitador en casos cuando se prueba ha realizado manifestaciones falsas según la documentación del expediente o cuando no adjudicándole el contrato, solo busca frenar la ejecución del contrato (Resolución nº 240/2014, de 21 de marzo, TACRC) Efectos de la resolución del recurso: recurribilidad de la misma y, por otro, a su ejecutabilidad. Con la nueva Ley de 2017, la resolución se residencia en el Tribunal Central de Recursos Contractuales, en Tribunales contractuales de las CCAAs y admitiéndose la creación de Tribunales Locales de Contratación por las Diputaciones Provinciales y los Ayuntamientos de los municipios de gran población. Si los tribunales son independientes , la resolución del recurso no es susceptible de recurso extraordinario de revisión. No es posible la revisión de oficio contra la resolución sino que solo cabe impugnarla en la vía contencioso-administrativa (Resoluciones nº 1177/2015, de 22 de diciembre y nº 47/2016, de 22 de enero, TACRC). En cuanto a su ejecutabilidad, la resolución será directamente ejecutiva resultando de aplicación, en su caso, el artículo 101 Ley 39/2015. Ejecución que llevará a término el órgano de contratación autor del acto. Y cuyos incidentes de ejecución se plantearán ante el tribunal que dictó la resolución, por lo que asume también funciones de control de la ejecución de la resolución por el órgano de contratación, que no atendida daría lugar a un caso de inactividad material prevista en el artículo 29.1 LJCA. VI. VALORACIÓN. El recurso especial en materia de contratación pública es hoy un mecanismo administrativo clave de control en materia de contratación. Analizadas la tarea desempeñada por los distintos tribunales se observa un porcentaje de resoluciones dictadas con rapidez, por órgano cualificados e independientes, haciendo efectivo la seguridad jurídica y la confianza de los licitadores y de manera directa a este efecto, la reducción de la litigiosidad en sede de la jurisdicción contencioso-administrativo sobre este sector contractual, como se desprende de las Memorias tanto del TACRC como de los Tribunales autonómicos.

La infraestructura sanitaria de La Habana y del resto de las ciudades cubanas fue desastrosa en el siglo XVIII. Las calles de la capital estaban polvorientas en épocas de seca y enlodadas continuamente en tiempos de lluvia. Para evitar estos perjuicios se volcaban sobre las vías más transitadas carretones de cascajos que pronto eran removidos a causa de la humedad subyacente y el tráfico de carros pesados procedentes del muelle o del matadero. Por si esto fuera poco, todos los detritus y aguas sucias de las casas eran arrojados directamente a la calle. Muchas de las basuras eran arrastradas a lo largo de éstas, a causa de las lluvias hasta verter a la bahía que se había convertido en un auténtico muladar, dificultando incluso la navegación. Imaginemos los insectos que esta situación atraía y tendremos una visión general de la vida cotidiana en La Habana. Añadamos a lo anterior que el agua llegaba a la ciudad gracias a una zanja excavada en los primeros años de la colonización y que procedía de un río distante 2 leguas. En esta conducción, a cielo descubierto, no era infrecuente el hallazgo de animales muertos e incluso, a veces, de personas. También era muy habitual que el ganado penetrara, en determinados puntos de su recorrido, a beber. La gente con cierto poder adquisitivo, debido a esto, compraba el agua para bebida a los aguadores que la traían directamente en carros. Otros aprovechaban para conservarla en los aljibes de sus azoteas. Las enfermedades de carácter hídrico, lógicamente, campeaban por sus respetos. Una parte importante de la población, negros y mulatos, vivía en chozas con techo de guano (hojas o pencas de palmeras); eran conocidas estas casas como "bohíos", estando expuestas a frecuentes incendios, y siendo el ideal refugio de la pulga, el piojo y la garrapata. En el último cuarto del XVIII, la sanidad mejoraría algo con los gobernantes ilustrados y la figura del alcalde de barrio. Estos y el Cabildo parecían tener más protagonismo en el mantenimiento y mejora de la higiene pública que el Protomedicato. A finales de la centuria, con el establecimiento en 1793 de la Sociedad Económica de Amigos del País, se conseguirían algunas mejoras como el traslado del matadero extramuros de la ciudad, así como, ya en el XIX, en 1806, se inaugura el primer centenario fuera de poblado de la Isla. Pero poco mejoraría la higiene urbana en los primeros años del XIX: las cárceles seguían hacinando presos de la manera más infrahumana, eran húmedas y malolientes; los excrementos de éstos traspasaban los pisos e incluso rezumaban por las paredes al exterior. El matadero, aunque ya situado fuera de la ciudad, y más amplio, tenía una gran falta de agua para su limpieza. Se harían intentos parciales de pavimentar las calles y de establecer alcantarillados, pero la mayoría no pasaría de un expediente. No obstante, aunque con las medidas tomadas a finales de siglo y a principios de éste, la higiene mejoró algo, nosotros creemos que fue en la cuarta década del XIX cuando se opera un cambio evidente. En efecto, comprobamos que a partir de 1832 comienza a prestar sus servicios un barco a vapor, limpiando y dragando la bahía. Entre 1835-347, se prohíbe a los vecinos de manera tajante que tiren agua sucia por los caños de las casas. Asimismo se empedraron con adoquines muchas de las calles y se construyeron algunas cloacas de desagüe. A partir de estos años se seguiría mejorando la red sanitaria al mismo tiempo que iban cambiando las costumbres higiénicas de los cubanos. Además, también en el año 1832, comienzan las obras de abastecimiento de agua a La Habana mediante cañerías de hierro, evitando así las grandes contaminaciones que tenía en su trayecto la primitiva "Zanja Real". En lo que respecta a la alimentación, ésta, en general, no era deficiente en lo que concernía a su composición, aunque echamos de menos las frutas y verduras en las dietas. Otra cosa bien distinta era su estado higiénico. La carne de vaca no era considerada como un lujo, incluso era despreciada cuando se conservaba en salazón ("tasajo"): ésta última era alimento fundamental de la gente pobre y esclavos, junto con el pan elaborado con harina de yuca ("casabe"). Los estratos sociales altos solían consumir con frecuencia carne de cerdo y harina de trigo. Sin embargo, dadas las condiciones higiénicas de los mataderos y establecimientos de despacho al público, presumimos que serían origen de múltiples enfermedades. La misma harina se vendía podrida con bastante frecuencia, ya que se traía de fuera de la Isla. La alimentación del esclavo es difícil de valorar, pues dependía de la subjetividad de la fuente; si tomamos en cuenta las declaraciones de los hacendados sería aceptable, pero muchos nos tememos que no era así. Se ha evidenciado también un gran consumo por los esclavos, de bebidas alcohólicas, sobre todo aguardiente de caña, siendo propiciado por sus mismos dueños con el objeto de que soportaran mejor su duro trabajo en los ingenios de azúcar. Las enfermedades más frecuentes eran, lógicamente, las infecciosas. Entre estas las más espectaculares en cuanto a morbi-mortalidad eran las epidémicas como las viruelas, la fiebre amarilla ("vómito negro"), sarampión, las "anginas" o, a partir de 1833, el "cólera morbus". Pero no se pueden despreciar las enfermedades con las que se convivía todos los días y que llevaban con mucha frecuencia, aunque a más largo plazo que las anteriores, a la muerte. Así, mencionemos la tuberculosis, las enfermedades venéreas y, en menor escala, la lepra. Es necesario también recalcar la gran mortalidad que producía el tétanos infantil ("mal de los siete días"), primera causa de muerte en el recién nacido, y el tétanos "traumático". El paludismo, dada su alta morbilidad, era considerado enfermedad corriente y a causa de su evolución crónica, se pensaba equivocadamente en su curación. Pensamos que se debería usar la quina en el tratamiento de esta enfermedad, ya que no faltaba esta substancia en las boticas de los hospitales. Sabemos también que el mercurio se utilizaba para las enfermedades venéreas y para la rabia. Las gastrointestinales eran muy frecuentes pero producían una mortalidad relativamente baja, por una adaptación al medio de la población. Las medidas que creemos eran más eficaces para luchar contra las enfermedades eran las preventivas, como el establecimiento de la cuarentena para todo barco que arribara, sobre todo cargado de negros, lazaretos, y la práctica de la vacuna a partir de 1804. En este sentido es interesante la implantación en 1813 de las Juntas de Sanidad en la Isla. También influyeron de manera decisiva las mejoras en la higiene urbana, que se practicaron sobre todo entre 1835-1837. Uno de los hospitales que ya existían en 1700 era el de San Juan de Dios, el más importante, que recibía enfermos varones de todos los sectores de la población, tanto civiles como militares. Era asistido por los religiosos de Orden hospitalaria de San Juan de Dios, desde 1602, remontándose su fundación a casi los primeros tiempos de la colonización. También existía el de San Francisco de Paula, estando dedicado a la asistencia de mujeres, y el de San Lázaro para los leprosos. Este último era el que estaba en peores condiciones, siendo sólo un acumulo de chozas que no tendría respaldo oficial hasta 1714. Pero en el siglo XVIII surgirían nuevos establecimiento para responder a las necesidades que se estaban originando por el progresivo aumento de la población fija y flotante. Uno de éstos fue el hospital fundado a instancias del Obispo y entregado a los padres betlemitas. Este sería el primer centro de convalecencia de la Isla; se fundaría en 1714 con la misión de recoger a los enfermos que eran dados de alta en el de San Juan de Dios y que eran abandonados sin estar totalmente restablecidos. La Iglesia seguía interesándose, como en el siglo pasado, por los problemas sociales, reflejándose esta inquietud en la construcción de hospitales, escuelas y casas de beneficiencia. Estas obras de caridad, a pesar de sus grandes defectos, cubría un gran hueco que la Corona, por la distancia y sus continuos gastos, no podía cubrir. Así pues, esta labor estaría encomendada generalmente al clero cubano al menos hasta la mitad del siglo XVIII. En consonancia con lo anterior, se fundaría a instancias del Obispo Valdés, en 1711, la Casa de Expósitos o "Casa Cuna" que, aunque obedeciendo a buenas intenciones, poco mejoraría la mortalidad infantil que era inmensa en ese establecimiento, ya que los supervivientes no llegaban al 25% en la centuria. La alimentación que se les daba era aceptable pero fallaba la lactancia de los primeros meses, realizada por nodrizas contratadas al efecto y muy mal pagadas, siendo difíciles de encontrar. La mortalidad mejoraría, aunque seguiría siendo muy alta, en el siglo siguiente. No podemos eludir tampoco la labor del Obispo Morell que, a mediados de siglo, se preocupó de fundar en una visita, la mayor parte de los hospitales de las poblaciones del interior de la Isla. A mediados también de esta centuria se crea un hospital en La Habana con carácter exclusivo, para la gran población de militares, funcionarios y esclaros de la Corona que padecían gran morbilidad a causa de las continuas guerras y epidemias; éste era el de San Ambrosio. Estos dos hospitales, el de San Ambrosio y el de San Juan de Dios, responderían a una política de hacinamiento de enfermos, sobre todo el primero, el cual alcanzaría un gran descrédito a principios del XIX. Hay que hacer también mención de la gran cantidad de hospitales provisionales que se establecieron en la Isla a consecuencia de las guerras y epidemias mencionadas. La Corona comenzaría a organizar y controlar sus hospitales en el último cuarto del XIX; prueba de ellos fue el reglamento publicado en 1776 por el Intendente de La Habana, Rapún, que el Monarca hizo extensivo a todos los hospitales americanos. Una vez más, Cuba fue pionera en algunas reformas ilustradas. Estas normas se matizarían algo más en 1830 con el Reglamento de Villanueva, en una época donde los hospitales militares pululaban en gran número por la Isla. El mismo Hospital de San Juan de Dios es convertido en hospital militar provisional, haciéndolo depender del hospital militar general que era el de San Ambrosio. Conviene resaltar la supresión en 1820 de las órdenes hospitalarias en la Isla que originó no pocos problemas en los establecimientos benéficos; serían restablecidas poco más tarde para ser suprimidas, esta vez definitivamente, en 1841. No existía en la Isla ningún lugar específico para cobijar a los dementes. Los varones generalmente eran llevados a la cárcel o trasladados a México, donde había un establecimiento de esta índole. Las mujeres iban a la Casa de Recogidas, para mujeres pobres y descarriadas, pero al ser ésta desalojada, las perturbadas mentales fueron ingresadas en el hospital de San Lázaro; allí permanecerían, alojadas en condiciones infrahumanas, hasta que en 1828 se inaugurará, en terrenos adyacentes, el hospital para dementes de San Dionisio, perteneciente a las Casas de Beneficiencia. Los médicos fueron afectados al principio de la política selectiva de la Corona en la emigración a Indias. Comenzarían a llegar algunos a Cuba en el XVII, pero sería en el XVIII cuando vemos a la mayoría de los facultativos asentados en las grandes poblaciones de la Isla, dejando desguarnecidos los pueblos del interior, teniendo que recurrir sus habitantes a cirujanos mediocres y curanderos. A finales de siglo, dado el incremento en las dotaciones de esclavos, los dueños de los ingenios se ven en la necesidad de tener un personal fijo dedicado a cuidar de la salud de los negros; dada la escasez de médicos por estos latifundios, así como el precio de cobraban, contratarían cirujanos y médicos extranjeros. Los facultativos cubanos poseían en el XVIII una formación puramente escolástica que, para colmo, era deficiente. Galeno, Avicenas y Lázaro Riverio eran autoridades incuestionables y el sólo mencionar algún párrafo de cualquier obra de estos autores bastaba a veces para ser respetado como médico docto. La Universidad tenía la gran culpa de esta situación; fundada en 1728, bajo los auspicios del Romano Pontífice. Sería regida por la Orden de Predicadores de San Juan de Letrán e iría impartiendo enseñanzas medievales hasta casi mediados del XIX en que fue secularizada. Los médicos que se formaban en este centro salían repitiendo mecánicamente un puñado de aforismos y sentencias de autoridades clásicas pero carecían en absoluto de toda formación práctica, incluyendo la Anatomía. Solamente a finales del XVIII comenzará a haber una tímida reacción contra este tipo de formación, destacando los médicos pertenecientes a la Sociedad Económica de Amigos del País, y entre ellos Tomás Romay. Asimismo, habría que hacer mención del cirujano Francisco Barrera. Estos facultativos estaban influidos por la medicina de carácter práctico que se realizaba en Europa por médicos holandeses, escoceses, ingleses, alemanes y franceses. Estos cubanos de finales del XVIII y principios del XIC que quisieron renovar la medicina y sus planes de estudio, tuvieron que hacerlo desde fuera de la Universidad, creando centros de estudios como los de Anatomía en el hospital de San Ambrosio. Como excepción citemos a Lorenzo Hernández, profesor de Fisiología, que llevaría a la Universidad de finales del XVIII los principios de Boerhaave, Morgagni y Haller, levantando un poco la losa de escolasticismo que le oprimía. Luego, en las primeras décadas del XIX influirían Broussais, Bichat y el eclecticismo de Cousin. Sólo cuando hombres como Romay comenzaron a ocupar Cátedras en la Universidad en la cuarta década, comenzó ésta a adquirir un cierto protagonismo científico. La instauración del Real Protomedicato en 1709 establecería un cierto orden, sobre todo en La Habana, en el ejercicio de los distintos profesionales sanitarios y del hospital Real; sin embargo, no desempeñó un excesivo protagonismo en el control de la higiene y de la medicina preventiva, que quedó más en manos del Cabildo y de los Alcaldes de Barrios. Cuando se empezaba a preocupar por estas materias comenzó a ser desplazado con el establecimiento de la Junta Central de Vacuna, en 1804, y, posteriormente, por las Juntas de Sanidad, en 1813. A partir de aquí comenzaría su declive, que acabaría en la década de los treinta, cuando se aprueba por la Reina Gobernadora los reglamentos de las Juntas de Medicina y Cirugía al mismo tiempo que la de Farmacia. La inmensa mayoría de las medicinas que llegaban a Cuba provenían de la metrópoli y de Nueva España (México), y una vez en la Isla, sólo podían ser vendidas por un boticario examinado; éste, para ser aprobado, tenía que pasar por el Tribunal del Protomedicato. Los precios de los medicamente que estableció esta Institución para principios de siglo eran realmente altos. El Protomédico estipuló como justo unos beneficios del 100%, ya que existían sólo 3 boticarios en La Habana y el comercio estaba anquilosado, siendo muy grandes los riesgos. Estos precios se mantendrían a todo lo largo del XVIII. Pero en 1780 había ya 25 farmacéuticos en esta ciudad, que se estaban beneficiando de la situación primitiva, a pesar de que se había incrementado el tráfico marítimo al mismo tiempo que habían bajado los costes y los riesgos. Esto provocaría fuertes reacciones de protesta a finales de siglo, de las que los boticarios se defenderían alegando en estos años que el precio de las medicinas que venían de Cádiz sufrían, debido al transporte, un incremento del 73%; las de México lo hacían en un 82%, por ser más caro el recorrido por tierra hasta el puerto de Veracruz. En realidad eran unos pocos los profesionales los que compraban las medicinas en el exterior, tanto en el puerto de Cádiz o en el de Veracruz; éstos luego las vendían al resto de sus colegas. Hubo gran competencia entre ellos y con los médicos que vendían medicinas en sus domicilios, a los que los boticarios más antiguos denunciaban continuamente. Las visitas a las boticas las hacía el Protomedicato, cada 2 años, observándose en estas inspecciones un gran descontrol a finales del XVIII. Asimismo se evidencia en estos años un gran relajamiento en los exámenes al mismo tiempo que iban penetrando en el gremio cierta cantidad de mulatos. Todas estas razones provocarían un deseo de autonomía entre los boticarios que se vería reflejado en la petición que hacen al Rey en 1798 para que se estableciera un Protofarmacéutico en la Isla. Este deseo de una mayor libertad no llegaría hasta 1830 con el establecimiento por parte de Fernando VII de la Junta Superior de Farmacia. Mientras tanto, el ambiente se fue degenerando tanto en las primeras décadas del XIX que hasta los taberneros vendían medicinas. Este descontrol podría deberse en gran parte al número de boticas que había en la Isla, y que llegaban a cerca de 60 al acabar el siglo anterior. Las sustancias consideradas fármacos eran innumerables, estando divididas según su aspecto y composición en "Aguas", "Jarabes", "Pulpas y conservas", "Píldoras y Trosiscos", "Espíritu y Sales", "Bálsamos y Tinturas", "Aceites comunes y esenciales", "Ungüentos y Emplastos", "Polvos compuestos", "Vegetables", "Minerales" y "Animales". Los fármacos vegetales procedían, en gran parte, de la flora local. Un mismo árbol o planta podía tener distintas aplicaciones, dependiendo de la parte de ésta utilizada, ya que se podía emplear la corteza, las raíces, el tallo, la resina, los "cogollos", semillas, las hojas, flores y fruto. Los cirujanos escaseaban, aunque no tanto como los médicos, en la Isla; suplantando a estos últimos, con frecuencia, en los rincones más apartados; esto conducía a que, dada la necesidad, la Corona los habilitara, no infrecuentemente, como médicos prácticos. Existía confusión en sus títulos y funciones, ya que había médicos – cirujanos, cirujanos algebristas, latinos y romancistas, maestros de cirugía, barberos cirujanos, barberos sangradores y simples sangradores o flebotomistas. Todos ellos eran examinados por le Protomedicato a los que se les hacía preguntas, mayormente en el XVIII, sobre Anatomía, heridas, abcesos, edemas, tumores, úlceras, etc., y sobre instrumentos y maniobras quirúrgicas. Al igual que con los boticarios, se va viendo a final de este siglo una incorporación progresiva de profesionales de raza mulata. Dentro de esta profesión, los más preparados eran los que pertenecían al Ejercito y a la Marina, y de estos últimos, los formados en el Real Colegio de Cirugía de Cádiz. El prestigio social de los cirujanos fue ascendiendo a todo lo largo del XVIII al mismo tiempo que su capacidad profesional, pues a principios de la centuria siguiente, no sólo practicaban ya intervenciones de cirugía menor, sino de envergadura como arteriotomías, varicoceles, o de "opacidad de la cápsula cristaloide". En 1832, la Sociedad Patriótica lograría que, para dar mayor realce a la profesión, se suprimieran los romancistas. En 1842 se haría la primera ligadura de la ilíaca externa en Cuba. Los flebotomianos siguieron militando en el último escalón de la Medicina, dedicándose no sólo a las sangrías, sino a las extracciones dentarias y aplicaciones de vejigatorios. Las parteras, muy escasas al principio, pronto aumentaron su número, aunque sin títulos y sin control del Protomedicato y Cabildo. Esta situación sería perfectamente tolerada, siendo solo hasta bien entrado el XIX cuando se regularían las tarifas de las intituladas, que eran la mayoría. Probablemente esta situación mejoraría al fundarse en 1827, en el hospital de San Francisco de Paula, la Academia de Parteras, por el Doctor Rossin y la Sociedad Patriótica. No podemos clausurar este resumen sin hacer una mención especial a la Institución que acabamos de mencionar: La Sociedad Económica o Patriótica de Amigos del País que, fundada en 1793 y recortadas sus actividades con el absolutismo, haría una gran labor en esos pocos años, no sólo por la economía y las ciencias en general, sino por la medicina y la higiene en particular. A la labor que ya hemos mencionado anteriormente por la renovación del pensamiento médico y los planes de estudios, habría que añadir su protagonismo, en la Junta Central de Vacuna, pues bajo su dependencia estaba esta última; la creación de un Jardín Botánico, que se inauguraría en 1817, donde se impartirían cursos de Botánica a médicos; la investigación de las aguas minero-medicinales de la Isla, realizando los primeros estudios sobre Hidrología médica; en 1826, los miembros de la Sociedad andarían los primeros pasos para la constitución de una Academia de Ciencias Médicas, pero ésta no se autorizaría hasta 1860, siendo su primer presidente Nicolás José Gutiérrez, el mismo que, con la ayuda de la "Sociedad Económica", fundaría en 1840 el "Repertorio Médico Habanero", la primera revista especializada cubana. Reflexionando sobre todo lo anteriormente expuesto, nos atrevemos a diferenciar varias etapas durante el período estudiado, en lo que a la sanidad cubana concierne: 1) 1700-1709: Se hereda la situación de la anterior centuria. El Cabildo no desarrollaba un control efectivo sobre los diversos facultativos. Existía gran intrusismo y poca preocupación por la higiene cubana. 2) 1709-1771: Se crea el Protomedicato que desarrollaría fundamentalmente su labor en el control del profesional sanitario y de los enfermos del hospital de San Juan de Dios. La higiene pública era misión, sobre todo, del Cabildo, que en la Habana muchas veces tendría que insistirle al Protomédico para que compartiera sus preocupaciones. 3) 1771-1793: Llegada del marqués de la Torres, gobernante ilustrado de Carlos III. Se aprecia una gran preocupación por el aspecto de las ciudades: se realizarán paseos públicos, calzadas. Se luchará contra las casas de guano, que tanto abundaban en La Habana. Se harán intentos de empedrado y de limpieza del puerto. Comenzará la inquietud oficial por la "Salud pública" y se dictarán normas sobre inspección de alimentos de primera necesidad y de baños públicos. Asimismo, comenzarán la preocupación por el funcionamiento de hospitales y por la atención sanitaria al preso. La primera autoridad de la Isla llevaría personalmente estos proyectos. No obstante, estos criterios reformistas se hicieron dando prioridad a criterios estéticos y a lo que se entendía en la época por una "República culta": edificación de puentes, calzadas, teatros, etc. todo lo cual mejoraría, indiscutiblemente, la "salud pública", pero no habría un gran sesgo con el periodo anterior en l que a morbi-mortalidad se refiere. 4) 1793-1832: Se establece la Sociedad Patriótica de Amigos del País, dándosele oportunidad al ciudadano culto para que participara en una mejora integral de la Isla; sus miembros, entre los que militaban autoridades civiles y eclesiásticas, sentirán gran preocupación por la higiene y la medicina preventiva, al mismo tiempo que por cambiar la mentalidad popular y del profesional en este sentido. Se darían pasos muy importantes en la sanidad, como la aplicación de la vacuna de la viruela por toda la Isla, la construcción del primer cementerio fuera de poblado, al mismo tiempo que se prohibía la inhumación de cadáveres en iglesias, y el traslado del matadero fuera de la ciudad. Hizo la "Sociedad" grandes esfuerzos sobre todo en el campo teórico de las ideas, por lo que muchos de sus frutos se recogerían posteriormente. 5) 1832-1850: A partir de esta fecha comprobamos una mejora general, ostensible y radical de la sanidad. Entre todas las medidas higiénicas, ya comentadas, que se efectúan en esta etapa, sería primordial la construcción de una cañería de hierro para abastecer de agua a La Habana. También sería decisiva la eliminación de charcos y barrizales, así como el establecimiento del alcantarillado. Todo lo cual haría disminuir la morbi-mortalidad de manera muy ostensible.

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Ann Tickner on Feminist
Philosophy of Science, Engaging the Mainstream, and (still) Remaining Critical
in/of IR







Feminist IR is still often
side-lined as a particularistic agenda or limited issue area, appearing as one
of the last chapters of introductory volumes to the field, despite the
limitless efforts of people such as Cynthia Enloe (Theory Talk #48)
and J. Ann Tickner. She has laboured to point out and provincialize the
parochialism that haunts mainstream IR, without, however, herself retreating
and disengaging from some of its core concerns. In this Talk, Tickner elaborates—amongst others—on the specifics of a
feminist approach to the philosophical underpinnings of IR; discusses how
feminism relates to the distinction between mainstream and critical theory; and
addresses the challenges of navigating such divides.







Print version of this Talk (pdf)



What is, according to
you, the central challenge or principal debate in International Relations? And
what is your position regarding this challenge/in this debate?



I think the biggest challenge for IR is
that it is relevant and helps us understand important issues in our globalized world.
I realize this is not a conventional answer, but too often we academics get
caught up in substantive and methodological debates where we end up talking only
to each other or to a very small audience. We tend to get too concerned with
the issue of scientific respectability rather than thinking about how to try to
understand and remedy the massive problems that exist in the world today. Steve
Smith's presidential address to the ISA in 2002 (read it here),
shortly after 9/11, reminded us of this. Smith chastised the profession for
having nothing to say about such a catastrophic event.





How
did you arrive at where you currently are in your thinking about IR?



I've gone through quite a few transformations
in my academic career. My original identity was as an International Political
Economy (IPE) scholar; my first academic position was at a small liberal arts
college (College of the Holy Cross) where I taught a variety of IPE courses. In
graduate school I was interested in what, in the 1970s, we called 'North-South'
issues, specifically issues of global justice, which were not the most popular
subjects in the field. So I always felt a little out of place in my choice of
subject matter. In the 1980s when I started teaching, IR was mostly populated
by men. As a woman, one felt somewhat uncomfortable at professional meetings;
and there were very few texts by women that I could assign to my students. I
also found that many of the female students in my introductory IR classes were
somewhat uncomfortable and unmotivated by the emphasis placed on strategic
issues and nuclear weapons.



It was at about the time when I first
started thinking about these issues, I happened to read Evelyn Fox Keller's book Gender and Science,
a book that offers a gendered critique of the natural sciences (read an
'update' of the argument by Keller here, pdf).
It struck me that her feminist critique of science could equally be applied to
IR theory. My first feminist publication, a feminist critique of Hans Morgenthau's
principles of political realism, expanded on this theme (read full text here,
pdf).




Teaching at a small liberal arts college
where one was judged by the quality of one's work rather than the type of
research one was doing was very helpful—because I could follow my own, rather
non-conventional, inclinations. So I think my turn to feminism, after ten years
in the field, was a combination of my own consciousness-raising and feeling
that there was something about IR that didn't speak to me. Later, I was fortunate
to be hired by the University of Southern California, a large research
institution, with an interdisciplinary School of International Relations,
separate from the political science department. When I arrived in 1995, the
School had a reputation for teaching a broad array of IR theoretical approaches.
The support of these institutional settings and of a network of feminist
scholars and students, some of whom I discovered were thinking along similar
lines in the late 1980s, were important for getting me to where I am today.





What
would a student need (dispositions, skills) to become a specialist in IR or
understand the world in a global way?



It depends on the level of the student:
at the undergraduate level, a broad array of courses in global politics including
some economics and history. Language training is very important too, and ideally,
an overseas experience. We need to encourage our students to be curious and
have an open mind about our world.



At the graduate level, this is a more complicated
question. The way you phrased the question 'to understand the world in a global
way,' can be very different from training to become an IR scholar, especially in
the United States. I would emphasize the importance of a broad theoretical and
methodological training, including some exposure to the philosophy of science,
and to non-Western IR if possible, or at least at a minimum, to try to get
beyond the dominance of American IR, which still exists even in places outside
the US.





Why should IR scholars incorporate
gender in the study of world politics? What are the epistemological and
ontological implications of adopting a feminist perspective in IR?



Feminists would argue that incorporating
feminist perspectives into IR would fundamentally transform the discipline.
Feminists claim that IR is already gendered, and gendered masculine, in the
types of questions it asks and the ways it goes about answering them. The
questions we ask in our research are never neutral - they are a choice,
depending on the researcher's identity and location. Over history, the
knowledge that we have accumulated has generally been knowledge about men's
lives. It's usually been men who do the asking and consequently, it is often
the case that women's lives and women's knowledge are absent from what is
deemed 'reliable' knowledge. This historical legacy has had, and continues to
have, an effect on the way we build knowledge. Sandra Harding,
a feminist philosopher of science, has suggested that if were to build
knowledge from women's lives as well, we would broaden the base from which we
construct knowledge, and would therefore get a richer and more complex picture
of reality.



One IR example of how we limit our research
questions and concerns is how we calculate national income, or wealth—the kind
of data states choose to collect and on which they base their public policy. We
have no way of measuring the vast of amount of non-remunerated reproductive and
caring labour, much of which is done by women. Without this labour we would not
have a functioning global capitalist economy. To me this is one example as to
why putting on our gender lenses helps us gain a more complete picture of
global politics and the workings of the global economy.



Feminists have also argued that the
epistemological foundations of Western knowledge are gendered. When we use
terms such as rationality, objectivity and public, they are paired with terms
such as emotional, subjective and private, terms that are seen as carrying less
weight. By privileging the first of these terms when we construct knowledge we
are valuing knowledge that we typically associate with masculinity and the
public sphere, historically associated with men. Rationality and objectivity
are not terms that are overtly gendered, but, when asked, women and men alike
associate them with masculinity. They are terms we value when we do our
research.





In one of the foundational texts of
Feminist IR, 'You Just Don't Understand: Troubled Engagements between Feminists
and IR Theorists' (1997, full text here, pdf),
you highlighted three particular (gendered) misunderstandings that continue to
divide Feminists and mainstream IR theorists. To what extent do these
misunderstandings continue to inform mainstream perceptions of Feminist
approaches to the study of international politics?




I think probably they still do, although
it's always hard to tell, because the mainstream has not engaged much with
feminist approaches. I've been one who's always calling for conversations with
the mainstream but, apart from the forum responding to the article you mention,
there have been very few. In a 2010 article, published in the Australian Feminist Law Journal, I looked
back to see if I could find responses to my 1997 article to which you refer. I
found that most of the responses had come from other feminists. The lack of
engagement, which other feminists have experienced also, makes it hard to know about
the misunderstandings that still exist but my guess would be that they remain. However
I do think there has been progress in accepting feminism's legitimacy in the
field. It is now included in many introductory texts.



The first misunderstanding that I
identified is the meaning of gender. I would hope that the introduction of
constructivist approaches would help with understanding that gender is social
construction - a very important point for feminists. But I think that gender is
still largely equated with women. Feminists have tried to stress that gender is
also about men and about masculinity, something that seems to be rather hard to
accept for those unfamiliar with feminist work. I think it's also hard for the
discipline to accept that both international politics as practice and IR as a
discipline are not gender neutral. Feminists claim that IR as a discipline is
gendered in its concepts, its subject matter, the questions it asks and the way
it goes about answering them. This is a radical assertion for those unfamiliar
with feminist approaches and it is not very well understood.



Now to answer the second misunderstanding
as to whether feminists are doing IR. I think there has been some progress here,
because IR has broadened its subject matter. And there has been quite a bit of
attention lately to gender issues in the 'real world' - issues such as sexual violence,
trafficking, and human rights. Of course these issues relate not only to women
but they are issues with which feminists have been concerned. Something I
continue to find curious is that the policy and activist communities are
generally ahead of the academy in taking up gender issues. Most international
organizations, and some national governments are under mandates for gender
mainstreaming. Yet, the academy has been slow to catch up and give students the
necessary training and skills to go out in the world and deal with such issues.




The third misunderstanding to which I
referred in the 1997 article is the question of epistemology. While, as I
indicated, there has been some acceptance of the subject matter, with which
feminists are concerned, it is a more fundamental and contentious question as
to whether feminists are recognized as 'doing IR' in the methodological sense. As
the field broadens its concerns, IR may see issues that feminists raise as
legitimate, but how we study them still evokes the same responses that I
brought up fifteen years ago. Many of the questions that feminists ask are not
amenable to being answered using the social scientific methodologies popular in
the field, particularly in the US. (I should add that there is a branch of IR
feminism that does use quantitative methods and it has gained much wider
acceptance by the mainstream.) The feminist assumption that Western knowledge
is gendered and based on men's lives is a challenging claim. And feminists
often prefer to start knowledge from the lives of people who are on the margins
– those who are subordinated or oppressed, and of course, this is very
different from IR which tends toward a top-down look at the international
system. One of the big problems that have become more evident to me over time
is that feminism is fundamentally sociological – it's about people and social
relations, whereas much of IR is about structures and states operating in an
anarchic, rather than a social, environment. I find that historians and
sociologists are more comfortable with gender analysis, perhaps for this reason.
I'm not sure that these misunderstanding are ever going to be solved or that
they need to be solved.





Although Feminist methodology is
often conflated with ethnographic approaches, 
in 'What Is Your Research Program? Some Feminist Answers
to International Relations Methodological Questions' (2005, pdf here),
you argued that there is no unique Feminist research methodology. Nonetheless,
Feminist IR is well known for using an autoethnographic approach. What does this approach add to
the study of gender in IR? What might account for the relative dearth of
autoethnography in other IR paradigms?



I think it is important to remember that
feminists use many different approaches coming out of very different
theoretical traditions, such as Marxism, socialism, constructivism, postpositivism,
postcolonialism and empiricism. So there are many different kinds of feminisms.
If you look specifically at what has been called 'second-generation feminist IR,'
the empirical work that followed the so-called 'first generation' that
challenged and critiqued the concepts and theoretical foundations of the field,
much of it, but not all, (discourse analysis is quite prevalent too), uses
ethnographic methods which seem well suited to researching some of the issues I
described earlier. Questions about violence against women, domestic servants,
women in the military, violent women, women in peace movements– these are the
sorts of research questions that demand fieldwork and an ethnographic approach.
Because as I stated earlier, IR asks rather different kinds of questions, it
does not generally adopt ethnographic methods. Feminists who do this type of
ethnographic research tell me that their work is often more readily received
and understood by those who do comparative politics, because they are more comfortable
with field research. And since women are not usually found in the halls of
power – as decision-makers. IR feminists are particularly concerned with issues
having to do with marginalized and disempowered peoples' lives. Ethnography is
useful for this type of research.



I see autoethnography as a different issue.
While the reflexive tradition is not unique to feminists, feminism tends to be
reflectivist. As I said earlier, feminists are sensitive to issues about who the
creators of knowledge have been and whose knowledge is claimed to be universal.
Most feminists believe that there is no such thing as universal knowledge. Consequently,
feminists believe that being explicit about one's positionality as a researcher
is very important because none of us can achieve objectivity, often called 'the
view from nowhere'. So while striving to get as accurate and as useful
knowledge as we can, we should be willing to state our own positionality. One's
privilege as a researcher must be acknowledged too; one must always be
sensitive to the unequal power relations between a researcher and their
research subject – something that anthropology recognized some time ago. Feminists
who do fieldwork often try to make their research useful to their subjects or do
participatory research so that they can give something back to the community. All
these concerns lead to autoethnographic disclosures. They demand a reflexive
attitude and a willingness to describe and reassess your research journey as
you go along. This autoethnographic style is hard for researchers in the positivist
tradition to understand. While we all strive to produce accurate and useful
knowledge, positivists' striving for objectivity requires keeping subjectivity
out of their research.





Robert W. Cox (Theory Talk #37)
famously distinguished two approaches to the study of international politics:
problem-solving theory and critical theory. How does the emancipatory project
of the latter inform your perspective of IR and its normative goals? And is
this distinction as valid today as it was when Cox first formulated it, over 3
decades ago?



Yes
I think it's still an important distinction. It's still cited very often which
suggests it's still valid, although postmodern scholars (and certain feminists)
have problems with Western liberal notions of emancipation. I see my own work
as being largely compatible with Cox's definition of critical theory. Like many
feminists, I view my work as explicitly normative; I say explicitly because I
believe all knowledge is normative although not all scholars would admit it. What
Cox calls problem-solving theory is also normative in the conservative sense of
not aiming to changing the world. A normative goal to which feminists are
generally committed is understanding the reasons for women's subordination and
seeking ways to end it. It's also important to note that the IR discipline was borne
with the intention of serving the interests of the state whereas academic feminism
was borne out of social movements for women's emancipation. The normative goals
of my work are to demonstrate how the theory and practice of IR is gendered and
what might be the implications of this, both for how we construct knowledge and
how we go about solving global problems.





Much of your work addresses the
parochial scope and neopositivist inclination of International Relations (IR) scholarship, especially in the United
States. What distinguishes other
'Western' institutional and political contexts (in the UK, Europe, Canada and Oceania) from the American
study of IR?  How and why is
critical/reflectivist IR marginalized in the American context? What is the
status of these 'debates' in non-Western
institutional contexts?



With respect to the parochial scope of US
IR, I refer you to a recent book, edited by Arlene Tickner and Ole Wæver,
International
Relations Scholarship Around the World. It contains chapters by authors from around the world, some of whom
suggest IR in their country imitates the US and some who see very different IRs.
The chapter by Thomas J. Biersteker, ('The Parochialism of Hegemony:
Challenges for 'American' International Relations', read it here in pdf)
reports on his examination of the required reading lists for IR Ph.D.
candidates in the top ten US academic institutions. His findings suggest that
constructivism accounts for only about 10% of readings and anything more
radical even less. Over 90% of assigned works are written by US scholars. The dominance
of quantitative and rational choice approaches in the US may have something to
do with IR generally being a subfield of political science. Critical approaches
often have different epistemological roots. And I stress 'science' because
while IR is also subsumed in certain politics departments in other countries,
the commitment to science, in the neopositivist sense, is something that seems
to be peculiarly American. Stanley Hoffman's famous observation, made over
thirty years ago, that Americans see problems as solvable by the scientific
method is still largely correct I believe (read article here, pdf).
I find it striking that so many formerly US based and/or educated critical
scholars have left the US and are now based elsewhere – in Canada, Australasia,
or Europe.



Biersteker
sees the hegemony of American IR extending well beyond the US. But there is
generally less commitment to quantification elsewhere. This may be due to IR's historical
legacy emerging out of different knowledge traditions or being housed in
separate departments. In France, IR emerged from sociological and legal traditions
and, in the UK, history and political theory, including the Marxist tradition,
have been influential in IR. And European IR scholars do not move as freely
between the academy and the policy world as in the US. All these factors might encourage
more openness to critical approaches. I am afraid I don't know enough about
non-Western traditions to make an informed comment. But we must recognize the
enormous power differentials that exist with respect to engaging IR's debates. Language
barriers are one problem; having access to research funds is an enormous
privilege. Scholars in many parts of the world do not have the resources or the
time to engage in esoteric academic debates, nor do they have the resources to
attend professional meetings or access certain materials. The production of
knowledge is a very unequal process, dominated by those with power and resources;
hence the hegemonic position of the US that Biersteker and others still see.





As methodological pluralism now
retains the status of a norm in the field, John M. Hobson (Theory Talk #71) recently argued that the question
facing IR scholars no longer revolves around the debate between positivist
and postpositivist approaches. Rather, the primary meta-theoretical question
relates to Eurocentrism, that is, 'To be or not to be a Eurocentric, that is the
question.' To what extent do you agree with this statement? Why or why not?



Given
my answer to the last question, I am not sure that methodological pluralism has
reached an accepted status in the US yet. However, John M. Hobson has produced
a very thoughtful and engaging book that asks very provocative questions. Unfortunately,
I doubt many IR scholars in the US have read it and would be rather puzzled by
Hobson's claim. But certainly the Eurocentrism of the discipline is something
to which we should be paying attention. I find it curious how little IR has
recognized its imperial roots or engaged in any discussion of imperialism. As
Brian Schmidt and other historical revisionists have told us, when IR was borne
at the beginning of the twentieth century, imperialism was a central preoccupation
in the discipline. Race also has been ignored almost entirely by IR scholars.  



To
Hobson's specific claim that the important question for IR now is about being
or not being Eurocentric rather than about being positivist or postpositivist, I
do have some problems with this. I am concerned with Hobson's painting
positivism and postpostivism with the same Eurocentric brush. Yes, they are
both Eurocentric; but postpositivists or critical theorists – to use Cox's term
– are at least open to being reflective about how they produce knowledge and
where it comes from. If one can be reflective about one's knowledge it does
allow space to be aware of one's own biases. Those of us on the critical side
of Cox's divide can at least be reflective about the problems of Eurocentrism,
whereas positivists don't consider reflexivity to be part of producing good
research. Nevertheless, Hobson has made an important statement. He has written
a masterful and insightful book and I recommend it all IR scholars.





Last question. Your recent work is
part of an emergent collective dialogue that aims to 'provincialize' the
Western European heritage of IR. In a recent article
entitled 'Dealing with Difference: Problems and Possibilities
for Dialogue in International Relations' you highlight the need for
non-Eurocentric approach to the study of IR. In IR,
what are the prospects for genuine dialogue across methodological and geographical borders?
Where do you see this dialogue taking place?



This is a very tough issue. There are
scholars like Hobson who talk about a non-Eurocentric approach, but given what
I said about resources, about language barriers, and about inequalities in the
ability to produce knowledge, this is difficult. As I've said at many times and
in many places, the power difference is an inhibitor to any genuine dialogue.
So, where is dialogue taking place? Among those, such as Hobson, who advocate a
hybrid approach that takes other knowledge traditions seriously and sees them
as equally valid as one's own. And mostly on the margins of what we call 'IR', where
some very exciting work is being produced. Feminism is one such site. Feminist
approaches are dedicated to dialogic knowledge production, or what they call
knowledge that emerges through conversation. Feminists believe that theory can
emerge from practice, listening to ordinary people and how they make sense of
their lives. I also think that projects like the one undertaken by Wæver and
Tickner (which is still ongoing) that is publishing contributions from scholars
from very different parts of the world is crucial.





J. Ann Tickner is
Distinguished Scholar in Residence at the American University. She is also a
Professor Emerita at the University of Southern California where she taught for
fifteen years before coming to American University. Her principle areas of
teaching and research include international theory, peace and security, and
feminist approaches to international relations. She served as President of the
International Studies Association from 2006-2007. Her books include Gendering
World Politics: Issues and Approaches in the Post-Cold War Era (Columbia
University Press, 2001), Gender in International Relations: Feminist
Perspectives on Achieving International Security (Columbia University
Press, 1992), and Self-Reliance Versus
Power Politics: American and Indian Experiences in Building Nation-States
(Columbia University Press, 1987).







Related links





Faculty Profile at American University
Read
Tickner's Hans Morgenthau's Principles of
Political Realism: A Feminist Reformulation (Millennium, 1988) here (pdf)
Read Tickner's You Just Don't Understand: Troubled Engagements between Feminists and
IR Theorists (1997 International Studies Quarterly) here (pdf) 
Read Tickner's What Is Your
Research Program? Some Feminist Answers to International Relations
Methodological Questions (2005, International Studies Quarterly) here (pdf) 


Print version of this Talk (pdf)

PEMASARAN POLITIK PADA PEMILUKADA(Suatu Studi Pemasaran Politik Pasangan Hanny Sondakh & Maximilian Jonas Lomban, SE, M.Si Pada Pemilukada di Kota Bitung Tahun 2010)Oleh : Melky Jakhin PangemananNIM : 090814009ABSTRAKPersoalan yang dihadapi dalam pemilukada saat ini adalah kurangnya partisipasi politik masyarakat, yang diakibatkan oleh hilangnya kepercayaan terhadap partai politik dan elit politik. Guna mengefektifkan strategi pendekatan kepada pemilih di pemilukada, maka seorang kontestan dituntut harus mampu memasarkan dirinya ditengah-tengah masyarakat sesuai dengan kemajuan zaman dan kondisi di daerah pemilihan. Strategi dan konsep pemasaran politik yang dilakukan oleh pasangan calon Walikota dan calon Wakil Walikota Bitung Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, sangat menarik untuk dielaborasi lebih lanjut, bagaimana pemasaran politik yang dilakukan disaat pergulatan Pemilukada di Kota Bitung Tahun 2010. Bila menilik lebih dalam pada sosok Hanny Sondakh yang maju sebagai calon Walikota, terdapat beberapa aspek yang dapat dikatakan kurang mendukung dalam proses pemasaran politiknya. Aspek tersebut dapat dilihat dari segi etnis, agama, dan background. Seperti yang diketahui bersama bahwa Hanny Sondakh berasal dari etnis Tionghoa dan menganut agama Kristen Katolik yang keduanya tidak dominan di kota Bitung. Belum lagi bila ditelaah dari background Hanny Sondakh yang merupakan seorang yang baru berkecimpung di dunia politik karena sebelumnya merupakan seorang pengusaha. Kondisi yang hampir serupa juga dialami oleh pasangannya yaitu Maximilian Jonas Lomban, S.E., M.Si. Beliau merupakan seorang birokrat yang bukan merupakan penduduk asli kota Bitung, walaupun mengemban jabatan sebagai Sekretaris Kota Bitung sebelumnya. Aspek-aspek tersebutlah yang membuat strategi dan pemasaran politik dari kedua pasangan calon untuk memenangkan Pemilukada di Kota Bitung tahun 2010 menjadi menarik untuk diangkat sebagai bahan penelitian. Penelitian ini akan menelusuri tentang strategi pemasaran politik (political marketing) yang diterapkan pasangan Hanny Sondakh dan Maximilian Jonas Lomban,S.E., M.Si, pada Pemilukada di Kota Bitung Provinsi Sulawesi Utara Periode 2010-2015? Tujuan penelitian ini untuk mendeskripsikan strategi pemasaran politik (political marketing) pasangan Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si. Dalam memenangkan Pemilukada di Kota Bitung Provinsi Sulawesi Utara Periode 2010-2015. Penelitian ini sekurang-kurangnya diharapkan dapat memberikan dua manfaat, yaitu : Manfaat teoritis, dapat memperkaya konsep atau teori yang menyokong perkembangan ilmu pengetahuan terutama ilmu politik, khususnya tentang pemasaran politik dalam pemilukada.Manfaat praktis, yaitu adanya pola strategi pemasaran politik yang dapat dijadikan acuan bagi para kontestan di pemilukada. Metode yang digunakan dalam penelitian ini adalah metode kualitatif yang menggambarkan pemasaran politik oleh pasangan calon tersebut. Dalam penelitian ini ditemukan bahwa pemasaran politik pasangan tersebut sangat efektif dalam suksesi Pemilukada di Kota Bitung. Hal ini dibuktikan dengan kemenangan mutlak mencapai 54% presentase perolehan suara.Key word: Pemasaran Politik dan Pemilukada PENDAHULUANPerubahan mekanisme Pemilukada dari sistem perwakilan ke sistem langsung diperjelas melalui Undang-undang No. 32 tahun 2004 tentang Pemerintahan Daerah dan ditegaskan pengaturannya dalam Peraturan Pemerintah No. 6 Tahun 2005 tentang Pemilihan, Pengesahan, Pengangkatan, dan Pemberhentian Kepala Daerah dan Wakil Kepala Daerah. Perubahan tersebut telah membuka ruang kesempatan yang luas kepada seluruh warga negara untuk dapat berpartisipasi dalam politik. Partisipasi politik tersebut tidak hanya berjalan dalam bentuk pemberian hak suara, melainkan adanya antusiasme warga yang terus meningkat untuk mendaftarkan diri sebagai kontestan di pemilukada. Jika menengok ke belakang, keberhasilan menyelenggarakan pemilihan langsung Presiden dan Wakil Presiden secara aman dan tertib, mengindikasikan semakin tingginya kedewasaan berpolitik rakyat Indonesia. Rasio lanjutan yang bisa diterima adalah masyarakat akan semakin kritis dalam menjalani pemilihan-pemilihan umum berikutnya, termasuk pemilukada. Hal tersebut menjadikan kemenangan pertarungan di pemilukada semakin ditentukan oleh strategi yang dibawa para kandidat. Strategi memang mutlak dibutuhkan bagi siapa saja yang ingin menang dalam persaingan, terlebih lagi persaingan di kancah politik, yang terkenal sangat keras dan penuh intrik.Persoalan yang dihadapi dalam pemilukada saat ini adalah kurangnya partisipasi politik masyarakat, yang diakibatkan oleh hilangnya kepercayaan terhadap partai politik dan elit politik. Hal tersebut merupakan kelalaian partai politik dalam menjalankan fungsi pendidikan politik pada masyarakat. Kondisi ini menuntut para kontestan untuk dapat memberikan pendidikan politik dan pendekatan kepada konstituen untuk mengembalikan kepercayaan pemilih terhadappartai politik dan kontestan, serta meyakinkan para konstituen untuk menentukan pilihan politiknya.Guna mengefektifkan strategi pendekatan kepada pemilih di pemilukada, maka seorang kontestan dituntut harus mampu memasarkan dirinya ditengah-tengah masyarakat sesuai dengan kemajuan zaman dan kondisi di daerah pemilihan. Metode pemasaran politik (political marketing) merupakan strategi kampanye yang sedang disukai saat ini, secara sadar ataupun tidak pendekatan marketing dalam dunia politik telah dilakukan oleh para kontestan untuk dapat menyampaikan pesan-pesan politik mereka kepada pemilih (warga).Kota Bitung Provinsi Sulawesi Utara merupakan salah satu daerah otonom di Indonesia yang baru selesai menggelar pemilukada pada tanggal 9 Desember Tahun 2010, secara umum proses pemilukada Kota Bitung berjalan dengan lancar dan damai.Dalam Undang-Undang No. 32 Tahun 2004 khususnya pasal 58 ayat 8 menyebutkan bahwa Calon Kepala Daerah dan Wakil Kepala Daerah adalah warga negara Republik Indonesia yang memenuhi syarat: mengenal daerahnya dan dikenal oleh masyarakat di daerahnya. Kemudian dalam pasal 76 ayat 2 menyebutkan bahwa pasangan calon wajib menyampaikan visi, misi dan program secara lisan maupun tertulis kepada masyarakat. Hal-hal inilah yang mendorong bagi setiap pasangan untuk menggunakan metode-metode ataupun strategi-strateginya untuk dapat mempengaruhi rakyat sebagai pemilih untuk berpihak sekaligus memenangkan pemilihan umum.Persaingan adalah satu konsekuensi logis dalam demokrasi, dimana masing-masing kandidat bersaing untuk meyakinkan pemilih bahwa kandidat merekalah yang layak untuk dipilih dan keluar sebagai pemenang pemilu. Melalui persaingan ini pula rakyat akan dapat menilai dan melihat mana kontestan yang mampu menawarkan produk politik yang paling sesuaidengan kebutuhan mereka. Kampanye pemilu merupakan salah satu media dan periode bagi tiap-tiap kontestan memiliki kesempatan untuk mempromosikan dan mengkomunikasikan ide dan inisiatif politik mereka. Masing-masing kontestan saling berlomba untuk menawarkan produk politik yang paling menarik.Demikian halnya dengan metode, strategi dan konsep pemasaran politik yang dilakukan oleh Pasangan calon Walikota dan calon wakil walikota Bitung Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si. Dimana dalam pelaksanaan Pemilihan Umum Kepala Daerah terdapat perkembangan politik yang menarik, khususnya dalam pergulatan Pemilukada di Kota Bitung Tahun 2010. Hal ini dilihat dari beberapa aspek yang dimiliki baik oleh Hanny Sondakh maupun pasangannya, Maximilian Jonas Lomban, S.E., M.Si. Lebih jelasnya, bila menilik lebih dalam pada sosok Hanny Sondakh yang maju sebagai calon Walikota, terdapat beberapa aspek yang dapat dikatakan kurang mendukung dalam proses pemasaran politiknya. Aspek tersebut dapat dilihat dari segi etnis, agama, dan background. Seperti yang diketahui bersama bahwa Hanny Sondakh berasal dari etnis Tionghoa dan menganut agama Kristen Katolik yang keduanya tidak dominan di kota Bitung. Belum lagi bila ditelaah dari background Hanny Sondakh yang merupakan seorang yang baru berkecimpung di dunia politik karena sebelumnya merupakan seorang pengusaha. Kondisi yang hampir serupa juga dialami oleh pasangannya yaitu Maximilian Jonas Lomban, S.E., M.Si. Beliau merupakan seorang birokrat yang bukan merupakan penduduk asli kota Bitung, walaupun mengemban jabatan sebagai Sekretaris Kota Bitung sebelumnya. Aspek-aspek tersebutlah yang membuat strategi dan pemasaran politik dari kedua pasangan calon untuk memenangkan Pemilukada di Kota Bitung tahun 2010 menjadi menarik untuk diangkat sebagai bahan penelitian.PEMBAHASAN.Produk Politik Kepada PasarProduk politik kepada pasar adalah identitas khas dan konsisten dari kontestan dihadapan pemilih. Mengenai pendekatan produk politik kepada pasar menurut Nursal, sebuah kontestan harus memiliki produk yang sesuai dengan aspirasi pemilih. Tetapi harus disadari bahwa produk yang berkualitas tersebut tidak begitu saja diminati para pemilih. Banyak hal yang menjadikan pemilih bersikap demikian, misal terlalu banyaknya kontestan yang dianggap berkualitas sehingga sulit sekali bagi pemilih untuk melihat kontestan mana yang lebih berkualitas. Agar memudahkan pengenalan, sebuah kontestan perlu menciptakan identitas khas dan konsisten berupa nama, logo, disain visual dan ciri-ciri lainnya sebagai alat identifikasi kontestan tersebut sekaligus membedakan diri dengan kontestan lainnya. Dengan bahasa lain, produk politik diartikan sebagai figur, visi-misi dan identitas lainnya yang membedakan seorang kontestan dengan kontestan lainnya.Mengenai figur dari calon Walikota Hanny Sondakh, dikenal dimasyarakat merupakan sosok seorang Pengusaha sukses Kota Bitung yang memiliki beberapa perusahan besar yang bergerak di bidang Perikanan Laut, seperti PT. Sari Cakalang. Sebagai pengusaha, ia dinilai masyarakat sangat dermawan yang banyak membantu masyarakat.Marly Pamaruntuan, seorang warga Kelurahan Apela satu, mengakui bahwa Hanny Sondakh telah membantu warga dengan menyumbang dana besar dalam pembangunan gedung Gereja setempat. "Sebelum Hanny Sondakh menjadi walikota, beliau telah melakukan banyakaktivitas sosial pada masyarakat Kota Bitung, karena kepedulian bapak Sondakh, maka saya sangat mendukungnya dan memilihnya menjadi Walikota Kota Bitung", Ungkap Marly.Demikian tokoh Hanny Sondakh dalam opini masyarakat telah dikenal sebagai tokoh yang dekat dengan warga, berjiwa sosial, dan tokoh yang kharismatik. Mereka menilai juga bahwa Hanny Sondakh adalah seorang figur yang diterima oleh semua golongan agama, karena Ia membantu kelompok-kelompok agama seperti pembangunan Gereja, Masjid, dan Klenteng. Karena itu, berdasarkan dedikasinya terhadap masyarakat Kota Bitung, maka bisa terpilih untuk kedua kalinya menjadi walikota kota Bitung. Belum lagi sosok dari seorang Hanny Sondakh yang mengabdikan diri bagi daerah dan tidak menerima gaji sebagai walikota pada periode sebelumnya dan dengan kenyataan di lapangan beliau merupakan pengusaha yang sukses, sehingga semakin mendukung opini masyarakat bahwa beliau merupakan sosok yang bersih. Masyarakat sudah terpolarisasi bahwa seorang Hanny Sondakh dalam mengemban jabatannya pasti tidak akan melakukan pencurian terhadap uang rakyat, mengingat beliau memiliki sumber daya kekayaan yang besar sebelum mencalonkan diri sebagai Walikota.Hanny Sondakh, selain orang melihat kiprah sosialnya dan terobosannya, Ia juga telah menjalani dan membuktikan kemampuan memimpin Kota Bitung, dimana menjadi seorang wakil rakyat yang duduk di DPRD Kota Bitung Periode 2004-2009 (tidak selesai) dan menjadi Walikota Bitung tahun 2005-2010 (incumbent). Modal inilah yang memberikan nilai yang lebih dalam pencalonannya ditambah segudang prestasi telah ditorehkannya, segenap warga Kota Bitung tutur mengakuinya."Pembangunan Kota Bitung selama kepemimpinan bapak Hanny Sondakh telah berlangsung dengan baik dan Kota Bitung telah mengalami kemajuan yang sangat pesatsehingga Kota Bitung mendapat berbagai penghargaan pembangunan seperti penghargaan Adipura", kata Jhonly seorang warga Aertembaga.Segudang prestasi Hanny Sondakh juga memberikan nilai tambah dalam pencalonannya yang kedua kali. Kota Bitung banyak mendapat penghargaan di bawah pemerintahannya. Hal ini di buktikan dengan penghargaan Adipura 3 kali berturut-turut, Kota Bitung sebagai Kota sehat nasional pada tahun 2010, Penghargaan dari BPK RI sebagai kota dengan predikat WTP (Wajar Tanpa Pengecualian) yang merupakan satu-satunya kabupaten/kota di Sulawesi Utara yang meraih penghargaan tersebut. Belum lagi penghargaan-penghargaan secara pribadi yang begitu banyak ditorehkan oleh Hanny Sondakh.Sementara itu Maximilian Jonas Lomban, seorang public figure yang cukup terkenal, aktivitas Maximilian Jonas Lomban merambah ke dunia politik dimulai setelah lama menjadi seorang birokrat handal di Kota Bitung yakni dengan menjabat Sekretaris Kota Bitung di masa Hanny Sondakh menjadi Walikota dan Robert Lahindo sebagai Wakil Walikota.Disamping dikenal sebagai figur birokrat, Maximilian Jonas Lomban juga seorang tokoh GMIM yang banyak berkiprah dalam aktivitasnya di pelayanan keagamaan.Ada beberapa faktor yang mendukung kemenangan pasangan Sondakh-Lomban, meliputi faktor internal kedua calon maupun faktor eksternal, yaitu peran partai politik. Beberapa pengamat politik, mengatakan bahwa faktor internal kedua calon sangat mempengaruhi para pemilih, seperti popularitas Hanny Sondakh sebagai tokoh pengusaha dermawan dan Maximilian Jonas Lomban sebagai tokoh birokrat handal, kemampuan kedua calon memikat semua lapisan masyarakat, model kampanye Sondakh-Lomban yang mampu two ways communications yang artinya Sondakh-Lomban tidak segan-segan menghampiri masyarakat untuk mewujudkan hubungan yang setara, dan adanya strategi stratifikasi sosial politik, dimana adanya pembagiansegmen-segmen pemilih seperti ada segmentasi politik dari generasi muda ibu-ibu, kalangan kampus, kaum intelektual, pendidik, dan masyarakat menengah perkotaan.B. Push MarketingPush marketing pada dasarnya adalah usaha agar produk politik dapat menyentuh para pemilih secara langsung atau dengan cara yang lebih personal (constomized), dalam hal ini kontak langsung dan personal mempunyai beberapa kelebihan, yaitu : Pertama, mengarahkan para pemilih menuju suatu tingkat kognitif yang berbeda dibandingkan dengan bentuk kampanye lainnya. Politisi yang berbicara langsung akan memberikan efek yang berbeda dibandingkan dengan melalui iklan. Kedua, kontak langsung memungkinkan pembicaraan dua arah, melakukan persuasi dengan pendekatan verbal dan non verbal seperti tampilan, ekpresi wajah, bahasa tubuh dan isyarat-isyarat fisik lainnya. Ketiga, menghumaniskan kandidat dan keempat, meningkatkan antusiasme massa dan menarik perhatian media massa.Upaya yang dilakukan pasangan Hanny Sondakh dan Maximilian Jonas Lomban dalam pendekatan pada masyarakat begitu efektif dan efisien. Hanny Sondakh banyak turun ke masyarakat dalam setiap acara yang di rencanakan maupun secara tiba-tiba, baik pribadi maupun dengan keluarga sebelum beliau mencalonkan diri sebagai kandidat walikota."Dari ko hanny blum bacalon jo torang so kenal lebe dulu, karena dia banya ja datang di acara-acara kedukaan". Ungkap Leo, warga Manembo-nembo.Hanny Sondakh juga merupakan sosok yang dikenal ramah oleh masyarakat lebih khusus para karyawan yang bekerja di perusahaan-perusahaannya. Kondisi ini sangat menunjang mengingat banyaknya karyawan yang bekerja di perusahaan-perusahaan yang dimilikinya di Kota Bitung. Hanny Sondakh pun memiliki salah satu ciri yang menarik perhatian yakni dalam hal berpakaian. Beliau ketika sedang tidak bertugas biasa ditemui oleh masyarakat dalam busanayang kasual dengan hanya memakai sendal jepit. Sehingga membentuk pola pikir masyarakat bahwa beliau merupakan sosok yang sederhana dan merakyat.Maximilian Jonas Lomban dikenal sebagai seorang birokrat yang begitu dekat dengan stakeholders. Perilaku beliau dalam memimpin bawahannya memberikan dampak positif terhadap penilaian masyarakat dan para pegawainya."Pak Lomban kalu bakudapa slalu ja bategor deng senyum-senyum nyanda ja pandang sapa, so itu torang pegawai suka skali pa bapak". Ujar, Berty pegawai di Pemkot Kota Bitung.Figur kedua pasangan ini sangat memberikan kesan dan harapan bagi masyarakat untuk memimpin Kota Bitung ke arah yang lebih baik. Selain faktor partai politik yang mengusung kedua pasangan ini, figur dari keduanya begitu memberikan nilai yang lebih dalam proses pemenangan.C. Pull MarketingPull Marketing adalah penggunaan media dengan dua cara yaitu dengan membayar dan tidak membayar. Proses penyampaian melalui pull marketing yaitu penyampaian produk politik dengan memanfaatkan atau disampaikan melalui instrumen media masa. Pull Marketing bagian dari elemen Marketing politik untuk mengefektifkan pemenangan dalam pemilukada. Upaya inilah yang dilakukan oleh pasangan Hanny Sondakh dan Maximilian Jonas Lomban dalam memasarkan kinerja dan prestasi dari keduanya yang dibungkus melalui media masa. Lewat sarana inilah figur dari Hanny Sondakh yang notabene menjabat walikota periode sebelumnya ditonjolkan untuk menarik simpati dari konstituen. Program serta visi misi pasangan Hanny Sondakh dan Maximilian Lomban dituangkan dalam media masa sebagai salah satu kampanye untuk memikat hati pemilih. Contohnya penggunaan media masa yang menitikberatkan pada profil Hanny Sondakh dan Maximilian Jonas Lomban yang dikemas begitu menarik. Pasangancalon ini juga menggunakan konsultan media yang begitu baik sehingga menunjang pemberitaan baik di media massa maupun media cetak, sehingga segala bentuk kerja dan kinerja yang dilakukan oleh pasangan ini selalu menjadi sorotan media-media lokal. Beberapa hal inilah yang tidak dilakukan oleh pasangan calon lainnya. Kalaupun ada yang meniru gaya dari pasangan Hanny Sondakh dan Maximilian Jonas Lomban pasti tidak dapat menyayingi popularitas kandidat ini dalam mengemas media. Sehingga masyarakat Kota Bitung yang pada umumnya sudah menjadikan koran sebagai suatu kebutuhan akan melihat pengemasan berita pasangan Hanny Sondakh dan Maximilian Jonas Lomban begitu menarik dan dapat menunjang tingkat keterpilihan masyarakat terhadap pasangan ini. Kondisi ini tentunya juga membutuhkan finansial yang besar, tetapi mengingat pasangan ini ditunjang dengan kekuatan dana yang besar dalam pencalonan mereka.D. Pass MarketingPass marketing merupakan pihak-pihak, baik perorangan maupun kelompok yang berpengaruh besar terhadap para pemilih. Pengaruh (influencer) dikelompokan kedalam dua jenis yakni influencer aktif dan influencer pasif. Influencer aktif adalah perorangan atau kelompok yang melakukan kegiatan secara aktif untuk mempengaruhi para pemilih. Mereka adalah aktivis isu-isu tertentu atau kelompok dengan kepentingan tertentu yang melakukan aktivitas nyata untuk mempengaruhi para pemilih. Adakalanya pesan-pesan tersebut disampaikan secara halus adakalanya juga secara terang-terangan untuk mengarahkan pemilih agar memilih atau tidak memilih kontestan tertentu. Sebagian melakukan kegiatan dengan organisasi yang rapih dan sebagian lainya secara informal.Sedangkan influencer pasif adalah individu atau kelompok yang tidak mempengaruhi para pemilih secara aktif tapi menjadi rujukan para pemilih. Mereka inilah para selebriti, tokoh-tokoh,organisasi sosial, organisasi massa yang menjadi rujukan atau panutan masyarakat. Suara mereka didengar dan sepak terjang mereka memiliki makna politis tertentu bagi para pengikutnya. Mereka memiliki pengikut dengan berbagai macam kategori seperti anggota, pendukung, dan penggemar. Para pengikut tersebut dekat dengan para influencer, baik dalam pengertian fisik maupun emosional.Dalam implementasi di lapangan, terlihat bahwa Partai PKPI Kota Bitung merupakan partai yang memiliki mesin politik yang terstruktur dan baik. Partai PKPI merupakan partai pemenang di Kota Bitung dengan mengirim 6 anggota legislatifnya duduk di DPRD Kota Bitung. Meskipun salah satu kadernya yakni, Santi G. Luntungan tidak mendukung secara total karena ayahnya juga maju sebagai calon walikota yang diusung partai PDI Perjuangan. Partai PKPI dan partai Demokrat yang merupakan partai pengusung pasangan Hanny Sondakh dan Maximilian Jonas Lomban di Kota Bitung dapat dikatakan sebagai partai besar. Hal tersebut tercermin dari mayoritas kursi yang diperoleh PKPI dan Demokrat di DPRD Kota 2004-2009. Di samping itu, PKPI juga berhasil menempatkan kandidatnya sebagai Walikota Kota Bitung dan wakil Walikota Bitung periode sebelumnya. Sehingga dapat dikatakan bahwa PKPI memiliki amunisi politik yang cukup besar pada percaturan politik di Kota Bitung. Ditunjang lagi dengan 17 partai pendukung lainnya, baik yang memiliki kursi di dewan kota maupun partai non-seat.Sekretaris Tim Penjaringan Calon Walikota dari PKPI, Ricky Gosal menerangkan bahwa "Mereka dalam memenangi pemilihan Walikota dan Wakil Walikota Bitung, mengandalkan mesin internal PKPI, Mesin Partai 17 parpol pendukung. Kemudian menggunakan tim-tim sukses yakni ; Tim sukses Tingkat Kota (Gabungan Parpol), Tim Sukses Tingkat Kecamatan, Tim Sukses Tingkat Kelurahan. Ditambah dengan kelompok-kelompok masyarakat pendukunglainnya meliputi; kelompok komunitas agama katolik, Brigade Manguni Kota Bitung, Kumpulan pengusaha perikanan, komunitas etnis tionghoa dan kelompok adat minahasa dan sangihe."Pada akhirnya dari usaha memenfaatkan segenap elemen partai baik internal maupun eksternal telah membuat capaian suara yang diraih melebihi target. Segenap tim sukses telah melakukan kerja yang bagus", ungkap Ricky.Frans Natang Ketua BAPPILU PKPI Kota Bitung, mengungkapkan bahwa "Partai telah membagi orang-orangnya untuk membantu suksesi. Partai mengeluarkan kebijakan tentang pembagian wilayah kampanye di sebuah Daerah Pemilihan. Semisal ada 3 tim, dan satu Dapil mencakup 3 kecamatan. Maka pembagian dilakukan dengan masing-masing 1 kecamatan untuk digarap."Dari sisi berfungsinya mesin Partai, sebenarnya PKPI Bitung memiliki mesin partai yang cukup berfungsi. Perolehan suara dalam Pemilihan Umum Legislatif begitu signifikan, menunjukkan bahwa mesin partai berjalan. Terdapat alasan kenapa mesin partai PKPI dikatakan berjalan. Alasan paling nyata yakni ketika DPP PKPI menginstruksikan agar PKPI Sulut, termasuk Bitung, harus bekerja secara optimal memenangkan Hanny Sondakh dan Maximilian Jonas Lomban. Bahkan DPP siap memberikan sangsi bila partai tidak mampu memenangkan Hanny Sondakh dan Maximilian Jonas Lomban. Instruksi ini memberi efek nyata dalam usaha-usaha partai. Mesin partai PKPI Bitung dianggap berhasil karena disebabkan oleh tekanan keras dari DPP PKPI. Tekanan tersebut menyebabkan PKPI Bitung bersatu dalam rangka mempertahankan eksistensi mereka di Partai. Mesin partai Demokrat kota Bitung yang dipimpin oleh Hanny Ruru, menjalankan fungsi pemenangan dengan baik karena juga mendapat instruksi langsung dari DPP Partai Demokrat. Sehingga sangat menunjang kerja tim pemenangan Hanny Sondakh danMaximilian Jonas Lomban. Disamping itu 17 partai pengusung lainnya pun turut bekerja optimal dalam membantu proses pemenangan kandidat mereka.E. Paid MediaPaid media merupakan salah satu bagian marketing politik yakni berupa penggunaan media yang lazim digunakan untuk memasang iklan adalah televisi, radio, media cetak, website dan media luar ruang. Saat masa kampanye berlangsung, para kandidat mulai mengiklankan diri. Wajah mereka seringkali muncul dalam sejumlah iklan politik yang ditayangkan di televisi dan media cetak, juga di media luar ruang (outdoor). Spanduk, billboard dan baliho besar di pinggir-pinggir jalan dan tempat-tempat umum terbuka lainnya di sejumlah kota berisikan wajah mereka.Pada dasarnya, beriklan politik merupakan langkah awal para kandidat untuk mengenalkan diri mereka kepada masyarakat luas dengan cara yang efektif dan efisien. Tujuan utama dari iklan-iklan politik tersebut tentu saja untuk merebut hati dan simpati para calon pemilih. Diharapkan suara pemilih akhirnya diberikan kepada kandidat yang bersangkutan.Seperti yang kita ketahui, ada bermacam-macam jenis media iklan yang dapat digunakan. Hampir semua jenis media iklan yang ada, seperti stiker, spanduk, baliho dan iklan di media massa, digunakan oleh semua kandidat.Dari hasil pengamatan peneliti, pasangan Hanny Sondakh dan Maximilian Jonas Lomban, lebih sering menggunakan koran sebagai media iklan politik mereka. Di harian Koran Lokal hampir setiap hari kita dapat menikmati iklan testimony yang ditujukan untuk Hanny Sondakh. Iklan – iklan testimony tersebut dipasang oleh para pimpinan dan fungsionaris Partai PKPI. Selain itu, pasangan ini juga gencar beriklan lewat baliho-baliho yang terpasang di beberapa jalan di kota Bitung. Pasangan Hanny Sondakh dan Maximilian Jonas Lomban juga menggunakan media elektronik seperti, iklan televisi dan radio. Menurut Recky Gosal, SPd.Sekretaris penjaringan calon walikota dan wakil walikota PKPI dan anggota tim sukses SoLo, bahwa "Pasangan kandidat ini menggunakan media cetak selama 6 bulan sebelum pemilihan sampai pada hari H pelaksanaan, contohnya koran lokal manado post, komentar dan posko. Ada juga iklan yang tersiar lewat radio, contohnya radio lokal bitung Gita lestari FM, dan Trendy FM selama 3 bulan sebelum pemilihan".PENUTUPBerdasarkan hasil penelitian setelah menganalisa dan membahas data yang diperoleh dari penelitian, maka dapat diambil kesimpulan bahwa, strategi pemasaran politik dalam pemenangan pasangan Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, sebagai berikut:- Produk politik kepada pasar yang dilakukan oleh pasangan Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, sangat memberikan dampak yang signifikan dalam tahapan pemilukada yang berlangsung di kota Bitung. Hal ini dilihat dari visi-misi dan program yang sangat relevan dengan kondisi masyarakat kota Bitung. Lebih lanjut lagi figur dari pasangan Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si melekat dihati rakyat, dapat dilihat dari perilaku dan kapasitas yang ditonjolkan oleh pasangan ini.- Push marketing yang dilakukan oleh pasangan calon Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, terlihat dari aktivitas yang sering dilakukan oleh pasangan calon tersebut yang turun ke lapangan untuk dapat langsung berinteraksi dengan konstituen, seperti dalam kegiatan keagamaan, dukacita, maupun undangan-undangan lainnya. Figur pasangan ini pun dikenal sangat dekat dengan masyarakat dengan banyak melakukan kunjungan-kunjungan atau agenda yang tidak direncanakan.- Pull marketing dari pasangan calon Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, terlihat dari strategi penggunaan media dalam memasarkan kinerja dan prestasi dari keduanya yang dibungkus melalui media masa. Lewat sarana inilah figur dari Hanny Sondakh yang notabene menjabat walikota periode sebelumnya ditonjolkan untuk menarik simpati dari konstituen. Begitu juga sosok Maximilian Jonas Lomban, S.E., M.Siyang di kenal sebagai figur birokrat yang handal karena sebelumnya menjabat Sekretaris Kota Bitung.- Pass marketing yang dilakukan oleh pasangan calon Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, terlaksana dengan efektif. Hal ini dilihat dari mesin partai pengusung yang bekerja begitu optimal, mengingat partai PKPI merupakan partai pemenang pemilu di Kota Bitung. Belum lagi didukung oleh mesin partai Demokrat dan 17 partai pendukung lainnya. Penggunaan organisasi-organisasi sayap partai juga terlihat sangat memberi andil dalam tahapan pemilukada untuk memenangkan pasangan ini. Tim sukses pasangan ini juga menarik organisasi-organisasi keagamaan, adat, budaya dan figur-figur yang dianggap berpengaruh dalam organisasi-organisasi tersebut, seperti tokoh-tokoh agama, tokoh masyarkat dan tokoh pemuda yang memiliki basis massa untuk menunjang perolehan suara pasangan tersebut.- Paid media yang dilakukan oleh pasangan Hanny Sondakh dan Maximilian Jonas Lomban, S.E., M.Si, nampak pada penggunaan media massa baik dalam bentuk elektronik maupun cetak yang dikemas sangat menarik dan memberikan kesan positif pada masyarakat. Sejumlah prestasi dari pasangan ini dimuat dalam suatu pemberitaan dan juga visi-misi serta program yang pasarkan lewat media. Sehingga dapat menunjang elektabilitas dan proses sosialisasi pasangan tersebut.DAFTAR PUSTAKAAlie, Marzuki, 2013, Pemasaran Politik di era Multi Partai, Penerbit, Expose : JakartaFirmanzah, 2012, Marketing Politik : Antara Pemahaman dan Realitas, Yayasan Obor Indonesia : JakartaIbrahim, Herman dan Faisal Siagian, 1999, Kampanye Tanpa Kekerasan, Penerbit Biro Humas Depdagri : JakartaKotler, Philip, 1994, Marketing Management: Analysis Planning, Implementation, and Control. 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The dissertation focuses on multiple (or parallel) proceedings in private international litigation. In international civil disputes it is not unusual that jurisdiction for a particular dispute exists in several countries. In that case, each party may be tempted to start litigation in the forum most favorable to it, for example to take advantage of the forum's more generous recovery rules or the extended possibilities of discovery. Similarly, one party can also choose to initiate proceedings in different countries for the same dispute. The question arises how the legal systems involved will and should deal with such 'multi-fora' disputes. The first question addressed is whether and to what extent the international legal community should strive to prevent and/or eliminate such duplicate proceedings. It is undubitable that multiple proceedings could lead to undesirable consequences, such as conflicting judgments. Concurrent jurisdiction also brings about a waste of (scarce) judicial resources, and unnecessary expenses for the litigants. To prevent altogether parallel proceedings from happening however, seems at best utopic or even dangerous. Even if the international community were to achieve a global agreement on a comprehensive set of jurisdiction rules, one cannot imagine that there rules would designate one and only one court for each particular dispute. The desire to concentrate jurisdiction for all related disputes in the hands of one court is indeed but one of the numerous factors influencing the allocation of jurisdiction in international matters. The dissertation therefore undertakes to study the rules and instruments that can be used to resolve parallel litigation once multiple proceedings have been issued. The study learns that courts can adopt a variety of attitudes when faced with parallel litigation. A legal system can decide to ignore altogether the fact that a foreign court is seised of parallel proceedings, relying on the res judicata effect of the first decision to be rendered. It can also decide to abstain from taking up the case in deference to the foreign proceedings. Finally it can try to put an end to the parallel proceedings, by enjoining a party from further proceeding before the foreign court. After an in-depth analysis of these different policies and of the various rules and instruments in which they are embodied, my conclusion is that the preference should be given to mechanisms whereby one court voluntarily declines jurisdiction in favor of the other. The preference I express for a mechanism of 'international abstention' is however qualified. Whether or not a court declines jurisdiction in favor of a foreign court, will depend inter alia on the confidence it has that justice will be done in the foreign forum. Even with a minimum level of trust and confidence between jurisdictions, the abstention rule can follow different models, from the continental lis alibi pendens rule, which offers almost automatic priority to the court first seised, to the common law doctrine of 'forum non conveniens', where priority goes to the more appropriate forum. Between these two extremes lies a world of nuances. The dissertation therefore attempts to formulate an abstention rule which will reconcile these seemingly opposed visions and explain in which circumstances and under which conditions a court should or can decline jurisdiction in deference to litigation pending before a foreign court. ; Het onderzoek handelt over parallelle procedures in het internationaal rechtsverkeer. Met parallelle procedures - in de Engelse terminologie bekend als multi fora litigation - worden procedures bedoeld die éénzelfde geheel van feiten betreffen en tegelijkertijd - of opeenvolgend - voor twee (of uitzonderlijk meer dan twee) gerechtelijke instanties in verschillende landen gevoerd worden. Spaakgelopen huwelijken tussen echtgenoten van verschillende nationaliteiten vormen vaak de voedingsbodem voor het voeren van parallelle procedures : dikwijls zal een echtgenoot de echtscheiding voor de rechter van de echtelijke verblijfplaats vorderen, terwijl de andere, die naar zijn/haar thuisland teruggekeerd is, daar eveneens gerechtelijke stappen zal ondernemen met het oog op de ontbinding van het huwelijk. Beide echtgenoten zullen vanzelfsprekend de fout in elkaars schoenen schuiven en de echtscheiding ten laste van de partner vorderen. Hierdoor worden twee gerechtelijke instanties gevraagd om zich parallel, en in concurrentie met elkaar, over hetzelfde geschil uit te spreken. Parallelle procedures komen ook in de internationale handel voor, bijv. wanneer een kooptransactie tussen ondernemingen gevestigd in verschillende landen fout loopt : indien de koper beweert dat de geleverde goederen gebrekkig zijn, heeft hij vaak de mogelijkheid om schadevergoeding te vorderen van de rechter van het land waar de levering plaatsvond, terwijl de verkoper anderzijds de rechter van zijn eigen land kan vragen te verklaren dat de goederen conform zijn of nog betaling van de koopprijs eisen. 2 Het is onmogelijk gebleken om precieze statistieke gegevens te vinden over parallelle procedures in het internationaal rechtsverkeer. Aldus kan niet met zekerheid worden gesteld dat dergelijke procedures meer en meer voorkomen – zoals nochtans vaak beweerd wordt. Wel kan worden vastgesteld dat concurrerende procedures géén recent fenomeen zijn. Reeds in 1895 heeft het Institut de Droit International zich over dit probleem gebogen. De eindresolutie van het Instituut bevatte een sterke aanbeveling naar de Staten toe om de exceptie van internationale aanhangigheid te aanvaarden. De belangstelling voor dit fenomeen is sedertdien niet verdwenen, getuige hiervan de keuze van de Internationale Academie voor Rechtsvergelijking om het onderwerp in 1994 te bestuderen. Ook in de schoot van de Haagse Conferentie voor het internationaal privaatrecht heeft het onderwerp de nodige aandacht gekregen, met name in het kader van de lopende onderhandelingen die tot een nieuw Haags Executieverdrag (zouden) moeten leiden. De litispendentieregel en de forum non conveniens-leer – twee instrumenten die een belangrijke rol in de oplossing van parallelle procedures spelen, waarover meer infra – werden tijdens deze onderhandelingen het voorwerp van lange besprekingen, die tot een bijzonder vruchtbaar compromis geleid hebben. 3 Binnen één rechtssysteem kan de pluraliteit van procedures op een vrij eenvoudige manier aangepakt worden. Het Belgisch recht voorziet bijv. in een (gesofistikeerde) litispendentieregeling, waardoor parallelle procedures voor één enkele rechtbank geconcentreerd (kunnen) worden (artt. 29 en 565 Ger.W.). Daarnaast belet de exceptie van gezag van gewijsde (artt. 23 t.e.m. 28 Ger.W.) dat een reeds beslecht geschil opnieuw aan de rechter voorgelegd wordt. Het Belgisch recht bevat tenslotte een opvangbepaling voor de uitzonderlijke hypothese waarin, ondanks de twee reeds aangehaalde rechtsfiguren, onverenigbare uitspraken het licht zouden zien (bijzonder rechtsmiddel van de herroeping van het gewijsde - art. 1133, 3° Ger.W.). Op internationaal vlak ontbreekt vooralsnog een sluitende regeling voor parallelle procedures. De meeste Staten beschikken wel over specifieke regels waarmee hun rechtbanken op conflicterende procedures kunnen reageren; tevens bestaan er op regionaal niveau, en in het bijzonder binnen de Europese Unie, afspraken over het lot van parallelle procedures. De coördinatie tussen deze verschillende regelingen is evenwel zoek. Het onderzoek had precies tot doel de bestaande regels kritisch door te lichten en voorstellen voor verbetering te formuleren. Daarbij werd vooral aandacht besteed aan de formulering van algemene beginselen, die niet louter tot één rechtsstelsel of juridische traditie beperkt zijn. It takes two to tango : conflicterende procedures zijn ex hypothesis niet tot één land beperkt. Bij het uitwerken van mogelijke oplossingen moest derhalve rekening worden gehouden met de bruikbaarheid en de aanvaardbaarheid ervan voor meerdere rechtssystemen. Het doel zelf van het onderzoek, beginselen formuleren die de overtuiging van een groot deel van de internationale gemeenschap kunnen wegdragen, heeft op een bijna natuurlijke manier geleid tot het bestuderen van meerdere rechtssystemen. Het internationaal privaatrecht, dat gericht is op de coördinatie van het door rechtsverscheidenheid geplaagde internationale rechtsverkeer, is trouwens op een natuurlijke wijze aangewezen op rechtsvergelijking als bron van internationale rechtsvorming. Bovendien ben ik snel tot de conclusie gekomen dat het rechtsdenken over internationale parallelle procedures, en in het algemeen over internationaal procesrechtelijke vragen, in België nog steeds te weinig ontwikkeld is.1 4 Uitgangspunt van het onderzoek was dat de pluraliteit van procedures in het internationaal rechtsverkeer niet wenselijk is. Parallelle procedures kunnen immers tot tegenstrijdige uitspraken leiden, bijv. omdat beide rechtbanken op basis van verschillende rechtsregels oordelen, of hetzelfde feitelijke begrip - het 'belang' van het kind - anders benaderen. Onverenigbare beslissingen zijn niet alleen schadelijk voor het ideaalbeeld van de rechtspraak; ze kunnen ook aanleiding geven tot netelige problemen bij de concrete uitvoering van de uitspraken. Parallelle procedures leiden weliswaar niet automatisch tot tegenstrijdige uitspraken, doch dit gevaar kan niet genegeerd worden. Bovendien brengt het voeren van parallelle procedures een niet te verwaarlozen verspilling van tijd en geld voor de procespartijen met zich mee, alsook voor de rechtbanken die ze hiervoor aanspreken – dit terwijl het gerechtelijk apparaat van de meeste landen reeds overbevraagd is en over onvoldoende middelen beschikt om aan de minimale vereisten van een snelle en efficiënte rechtsbehandeling te voldoen. Daarom werd het onderzoek opgevat met als doel een oplossingsmodel voor te stellen waarmee parallelle procedures tot een minimum beperkt kunnen worden. Hiervoor werden twee denksporen onderzocht. In eerste instantie werd de mogelijkheid onderzocht om het ontstaan van dergelijke procedures van meetaf aan te vermijden. Naast dit preventief luik werd ook gewerkt rond de mogelijkheid om een einde te maken aan reeds ontstane conflicterende procedures. 5 Parallelle procedures kunnen alleen verklaard worden doordat het forum voor de uitkomst van het geschil geen neutraal gegeven is. Ook m.b.t. de keuze van de rechter staan de belangen van de procespartijen immers tegenover elkaar.2 Het belang van het forum voor de uitkomst van het geschil is slechts de eerste oorzaak van conflicterende procedures. Parallelle procedures zijn verder slechts mogelijk omdat partijen voor een zelfde of aanverwante geschillen verschillende rechterlijke instanties kunnen aanspreken. Voor een groot aantal grensoverschrijdende geschillen zijn meerdere Staten immers vaak bereid de deuren van hun gerechten tegelijkertijd te openen. Hierbij moet niet alleen aan het eenzijdig karakter van de nationale bevoegdheidsregelingen gedacht worden – in beginsel bepaalt elke Staat eenzijdig onder welke omstandigheden zijn gerechten bevoegd zijn om van een internationaal geschil kennis te nemen, hetgeen betekent dat de hierdoor resulterende bevoegdheidsgronden niet noodzakelijk op elkaar afgestemd zijn. Zelfs wanneer de Staten d.m.v. verdragen over de internationale rechtsmachtsverdeling afspraken maken, verdwijnt de ruimte voor parallelle procedures niet automatisch – getuige hiervan het belangrijke contentieux binnen de Europese gerechtelijke ruimte over conflicterende procedures. Een verder bewijs is het feit dat deze verdragen vaak ook regels bevatten die specifiek toegespitst zijn op parallelle procedures, zoals bijv. een prioriteitsregel ten gunste van de als eerste gevatte rechter of bijzondere weigeringsgronden in geval van conflicterende beslissingen. In eerste instantie werd daarom de mogelijkheid onderzocht om de pluraliteit van bevoegdheidsgronden, die aan de grondslag van parallelle procedures ligt, in te dijken. Hiervoor werd een beroep gedaan op het internationaal recht en de rechten van de mens, en in het bijzonder op het recht op een eerlijk proces. De vraag luidde of deze normen concrete aanknopingspunten bieden waarmee een scheidingslijn getrokken kan worden tussen aanvaardbare en onaanvaardbare aanspraken op rechtsmacht door nationale Staten. Vastgesteld moest worden dat de grenzen van de vrijheid waarover Staten beschikken om hun internationale bevoegdheid af te bakenen, bijzonder vaag zijn en geen concrete houvast bieden – behalve dan om zeer algemene beginselen te distilleren. Daarna werd aandacht besteed aan de mogelijkheid om bevoegdheidsaanspraken te coördineren. Hierbij werd stilgestaan bij het forum connexitatis, als instrument bij uitstek om de verschillende facetten van een geschil voor één rechtbank te brengen. Vastgesteld moest evenwel worden dat deze 'catch all' bevoegdheidsregel noodzakelijkerwijze ook aan bijzondere grenzen onderworpen dient te worden, om het evenwicht tussen de overige bevoegdheidsregel niet te verstoren. Dit verklaart trouwens ook waarom deze techniek, hoewel voor de coördinatie van geschillen zeer bevorderlijk, rechtsvergelijkend geen succes is. Uiteindelijk kan de pluraliteit van fora waarschijnlijk worden verklaard door het feit dat bevoegdheidsregels aan verschillende, soms tegenstrijdige beleidsdoelstellingen dienen te beantwoorden, zoals de wens om enerzijds zwakke partijen te beschermen en anderzijds contractuele afspraken aan te moedigen. Hierdoor is het moeilijk of soms zelfs onmogelijk om op voorhand voor elk geschil slechts één enkele (zgn. natuurlijke) rechter aan te wijzen. Het besluit luidde aldus dat bevoegdheidsregels, hoe geperfectioneerd ook, waarschijnlijk steeds de mogelijkheid zullen bieden om voor een zelfde geschil verscheidene rechters aan te spreken. 6 Naast de theoretische onderbouwing van de internationale rechtsmachtsafbakening werd ook aandacht besteed aan de wilsautonomie van partijen als mogelijke remedie tegen het ontstaan van parallelle procedures. Voorafgaandelijke akkoorden over de bevoegdheid kunnen immers bijdragen tot een vermindering van het aantal gevallen van conflicterende procedures. Vastgesteld werd dat de preventieve werking van bevoegdheidsafspraken, hoewel groot, nooit sluitend is, gelet op de versplintering van de controle op dergelijke afspraken en het ontbreken van een algemeen aanvaard kader voor de wilsautonomie. Daarom werden een aantal denksporen aangereikt met als doel de werking van de wil der partijen te versterken. Belangrijk is het voorstel om de verhouding tussen gederogeerde en prorogeerde fora te herschikken, zodanig dat aan die laatste een (voorlopige of definitieve) monopolie zou worden toegekend om de geldigheid en de werking van het bevoegdheidsakkoord te toetsen. 7 Sluitende afspraken over de bevoegdheidsverdeling zullen het ontstaan van conflicterende procedures niet beletten. Daarom steunt het onderzoek ook in een belangrijke mate op een curatief oplossingsmodel. Hiervoor werd in twee fasen gewerkt. In een eerste fase werden twee technieken bestudeerd, waarvan gebleken is dat ze geen voldoening geven en aldus niet tot model-oplossingen uitgeroepen kunnen worden. Het gaat in de eerste plaats om de mogelijkheid voor een rechtbank om een partij, die een procedure voor een buitenlandse rechter instelt, een verbod op te leggen deze procedure verder te zetten. Met een dergelijk verbod – anti-suit injunction in de Engelse terminologie – kan een rechtbank rechtstreeks – of ten minste via de persoon van de verweerder, eiser voor de buitenlandse rechter - een einde aan de buitenlandse procedure maken. Het rechterlijk verbod is een bijzonder krachtig instrument, dat d.m.v. de contempt of court gesanctioneerd wordt. Het procedureverbod biedt het voordeel dat op de buitenlandse procedure zelf een (al dan niet) beslissend invloed uitgeoefend werd, zonder evenwel enige druk op de buitenlandse rechter rechtstreeks uit te oefenen. De sancties waarmee het overtreden van het verbod gepaard gaan, viseren immers slechts de persoon van de verweerder, eiser in het buitenland. Uit het onderzoek is echter gebleken dat de anti suit injunction bezwaarlijk een algemene oplossing voor conflicterende procedures kan bieden. Dit is in eerste instantie te wijten aan het feit dat de voorwaarden waaronder een dergelijke injunction toegekend wordt, bijzonder restrictief zijn. In wezen zal een Engelse of een Amerikaanse rechter slechts naar de injunction grijpen wanneer hij of zij overtuigd is dat de buitenlandse procedure een misbruik uitmaakt, bijv. doordat de eiser in het buitenland op de tegenpartij druk probeert uit te oefenen, of nog door het instellen van een procedure voor een buitenlandse rechter de erkenning resp. tenuitvoerlegging van de toekomstige Engelse beslissing tracht te dwarsbomen. Hierdoor ontsnapt een groot deel van de parallelle procedures aan deze sanctie. Daarnaast is ook gebleken dat anti suit injunctions vaak meer moeilijkheden creëren dan ze oplossingen bieden. Dit heeft te maken met het agressief karakter van het procedureverbod, dat de indruk kan wekken dat een rechter zich het recht toeëigent om te beslissen over het lot van een voor een buitenlandse rechter ingestelde procedure. Dit wordt de Engelse of Amerikaanse rechter niet in dank genomen. In de praktijk wordt op dergelijke procedureverboden soms hevig gereageerd, en wanneer de buitenlandse rechter zelf het instituut van de injunction kent, is een reactie 'in natura' niet uitgesloten (zgn. anti anti suit injunction), waardoor de kans op een ware juridische guerrilla ontstaat. Tenslotte moet vastgesteld worden dat het gebruik van anti suit injunctions fundamenteel onverzoenbaar is met het vertrouwensidee waarop internationale akkoorden tussen Staten gebaseerd zijn. Zijn de betrokken Staten gebonden door een verdrag, dat hun respectieve bevoegdheden nauwkeurig vastlegt en voor het vrij verkeer van hun beslissingen zorgt, dan kan niet aanvaard worden dat een bepaalde rechter 'politieman' speelt en eenzijdig beslist wanneer een andere zich niet aan de afspraken houdt. In dit verband moet vastgesteld worden dat afspraken tussen Staten hoe langer hoe gebruikelijker worden in het internationaal privaatrechtelijk contentieux - niet alleen binnen Europa, maar ook daarbuiten. Hierdoor verdwijnt elke ruimte voor eenzijdige initiatieven zoals de anti suit injunctions. 8 In plaats van zich (on)rechtstreeks in de buitenlandse procedure te mengen, kan een rechter ook beslissen om een afwachtende houding t.a.v. het conflict tussen procedures te nemen en de oplossing tot een later stadium uit te stellen. De gedachte is dan dat het conflict tussen twee procedures wel opgelost zal worden wanneer een van de twee rechtbanken zich uitspreekt, vermits zijn beslissing in de andere procedure ingeroepen kan worden, op grond van de exceptie van gezag van gewijsde of een equivalent hiervan. Deze methode kenmerkt een deel van de Amerikaanse rechtspraak. Onder invloed van interne precedenten hebben Amerikaanse rechtbanken immers als algemene regel geponeerd dat parallelle procedures getolereerd dienen te worden en slechts een einde zullen nemen wanneer de eerste beslissing in de andere procedure ter staving van een exceptie van gezag van gewijsde ingeroepen wordt. In andere landen wordt de exceptie van gezag van gewijsde eerder als een vervangende oplossing beschouwd, waarvan slechts toepassing gemaakt wordt wanneer andere technieken ontoereikend blijken. De exceptie van gezag van gewijsde biedt geen voldoening bij het oplossen van conflicterende procedures. Door de oplossing tot op het stadium van de erkenning uit te stellen, blijven de twee procedures parallel verlopen, hetgeen een onduldbare verspilling van gerechtelijke krachten en tijd met zich meebrengt. Het risico is ook groot dat beide partijen zullen trachten om 'hun' procedure zo snel mogelijk tot een einde te laten komen ('race to judgment'). Bovendien blijft het gevaar bestaan dat tegenstrijdige uitspraken het licht zien. De werking van de exceptie van gezag van gewijsde is immers aan talrijke voorwaarden onderworpen : naast de weigeringsgronden vormt het procedureel statuut van de exceptie ook een obstakel voor de beslechting van parallelle procedures. Het is aldus niet uitgesloten dat de eerste beslissing in het ander land geen uitwerking krijgt. Dit zal met name het geval zijn wanneer de procedure die tot de eerste beslissing geleid heeft, nà de concurrerende procedure ingeleid is geweest. In vele landen is de schending van de eerdere aanhangigheid van het forum immers een weigeringsgrond. 9 Het procedure-verbod en het gezag van het eerste rechterlijke gewijsde kunnen hoogstens als marginale oplossingen getolereerd worden. Voor de oplossing van procedureconflicten biedt de voorrangsregel meer voldoening. Hiermee wordt bedoeld dat een rechtbank die volgens zijn eigen regels bevoegd is, een geschil uit handen geeft t.v.v. een andere rechtbank zodat slechts één instantie zich over het geschil uitspreekt. Voorrang geven aan de concurrerende rechter is zeker geen evidentie, nu het betekent dat het geschil geheel volgens de buitenlandse normen – ten gronde doch ook voor de procedure - beslecht zal worden. Dit verklaart waarom de voorrangsmethode in de verschillende rechtsstelsels slechts zeer geleidelijk ingang gevonden heeft. Tegenwoordig is deze methode echter tot dé oplossing bij uitstek voor parallelle procedures uitgegroeid : zowel in nationale codificaties als in internationale verdragen wordt de 'hoffelijkheid' terecht als de oplossing voor procedureconflicten naar voren geschoven. Deze methode blijkt het best in staat om het uitgangspunt van de studie te helpen verwezenlijken, en wordt daarom geprivilegieerd. 10 Onthoudingsregels komen in verschillende vormen voor, gaande van een automatische litispendentieregel, gebaseerd op de strikte chronologie van de procedures, tot een zeer gesofistikeerde forum non conveniens-regel waarbij een afweging van zowel privé- als van publieke belangen gemaakt wordt. Bij de analyse werden drie verschillende vormen van de voorrangsregel onderscheiden, die aan talrijke modaliteiten onderworpen kunnen worden. De opdracht bestond er daarom in om een keuze te maken tussen de verschillende vormen. De hoffelijkheid kan in de eerste plaats aan het idee van misbruik van procedure onderworpen worden. In deze eerste, beperkte vorm is er slechts plaats voor onthouding door een rechtbank ten voordele van een buitenlandse procedure wanneer vastgesteld wordt dat het instellen van de forumprocedure een misbruik vormt. Deze beperkte opvatting van de onthouding heeft in de 19de eeuw lange tijd de bovenhand gehad. In Engeland stemt ze overeen met de eerste versie van wat later tot de forum non conveniens-theorie zou uitgroeien. De misbruiktheorie biedt geen voldoening om als grondslag voor de hoffelijkheid te fungeren. Door de onthouding tot die gevallen voor te behouden waar er van misbruik sprake is, blijft een groot deel van de parallelle procedures buiten schoot. In vele gevallen worden conflicterende procedures immers zonder (al te veel) bijbedoelingen ingesteld. Bovendien dwingt de misbruiktheorie de rechter tot een moeilijk onderzoek van de bedoelingen van procespartijen. De grens tussen 'gewone' forum shopping en misbruik kan moeilijk worden getrokken. Het recht van rechtsonderhorigen om toegang tot de rechter te krijgen moet centraal blijven en het misbruik mag slechts uitzonderlijk aanvaard worden. 11 De hoffelijkheid kan ook aan het idee worden aangeknoopt dat een bepaalde rechter beter geplaatst is dan een andere om het geschil te beslechten. Deze idee heeft in de common law landen ingang gevonden onder de vorm van de forum non conveniens leer : een Engelse rechter zal aan een buitenlandse rechter voorrang geven indien het oordeelt dat deze laatste, gelet op de bijzondere omstandigheden van het geval, beter in staat is om van het geschil kennis te nemen. De beslissing om zich te onthouden gebeurt in deze hypothese op basis van een erg ruim geformuleerde algemene regel, na een grondig onderzoek van de bijzondere omstandigheden van het geschil, met als doel na te gaan of het geschil tot de natuurlijke bevoegdheidsfeer van de Engelse rechter thuishoort. De leer van het forum non conveniens werd in Engeland en andere common law landen ook ten dienste gesteld van de beslechting van parallelle procedures. Deze bijzonder gesofistikeerde methode overtuigt echter niet als grondslag voor de hoffelijkheid. Het probleem met het forum non conveniens is dat het om een uitzonderingsclausule gaat : in wezen dient de doctrine om de ongewenste resultaten van ruim geformuleerde bevoegdheidsregels ongedaan te maken. Het forum non conveniens werkt aldus best wanneer er een sterk onevenwicht tussen de twee rechtbanken en hun aanspraken op bevoegdheid bestaat. Wanneer de twee rechtbanken integendeel redelijkerwijze op bevoegdheid aanspraak kunnen maken, is het forum non conveniens niet bij machte om de voorrangsvraag te beslechten. Het begrip van 'natural forum' waarop de doctrine gebaseerd is, kan derhalve niet als onderscheidingscriterium weerhouden worden. 12 Tenslotte werd een derde vorm van hoffelijkheid grondig bestudeerd : in deze vorm, geeft een rechtbank voorrang aan een andere omdat deze laatste als éérste geadieerd werd. Het tijdstip van aanhangigheid fungeert dan als onderscheidingscriterium tussen de twee procedures. Deze benadering van de hoffelijkheid kan in de continentaal-europese landen op een lange traditie steunen. Binnen de Europese gerechtelijke ruimte werd dit criterium zelfs tot de enige oplossing gepromoveerd voor procedureconflicten. De chronologische benadering contrasteert met het forum non conveniens door zijn eenvoud en zijn duidelijkheid. In de meeste gevallen zal zonder al te veel moeilijkheden kunnen worden vastgesteld welke rechter als eerste van het geschil gevat werd. Anderzijds kan het chronologisch criterium zich op het idee van proceseconomie beroepen : de eerste procedure krijgt voorrang, niet louter omwille van een arbitraire keuze, doch wel omdat partijen in de regel in de eerste procedure reeds bepaalde steppen zullen genomen hebben. Deze inspanningen zouden op de helling worden gezet indien aan de tweede procedure systematisch voorrang zou worden gegeven. De chronologische methode is echter niet zonder moeilijkheden. De bepaling van het tijdstip waarop een rechter van een geschil gevat wordt, kan bijzonder moeilijk uitvallen. Bovendien is het chronologische criterium waardeloos wanneer de twee procedures gelijktijdig ingeleid worden. In dit geval verliest het tijdscriterium bovendien een groot deel van zijn rechtvaardiging, nu beide procedures ongeveer even ver gevorderd zullen zijn. Tenslotte kan de chronologische benadering tot ongewenste resultaten leiden, in het bijzonder doordat procespartijen a.h.w. tot het instellen van een procedure aangemoedigd worden ('race to the court'). 13 Daarom wordt de voorkeur voor de chronologische benadering van de internationale hoffelijkheid in het laatste deel sterk genuanceerd. Nuances worden in twee richtingen gezocht. Ten eerste wordt aan de grondslag zelf van de hoffelijkheid gesleuteld. Voorgesteld wordt met name om de chronologische methode af te zwakken, door een uitzondering op de voorrang van de eerste rechter in te voeren. Deze uitzondering zou de eerste gevatte rechter de kans geven om de voorrang die hij geniet, te weigeren indien hij oordeelt dat het geschil manifest beter bij de andere rechter thuishoort. Daarnaast wordt ook aandacht besteed aan de randvoorwaarden van de chronologische regel. Daaronder vallen o.a. het bepalen van het tijdstip van de aanhangigheid en van de grenzen van de identiteit van de geschillen, de mogelijkheid om de chronologische voorrang aan een wederkerigheidsvoorwaarde te onderwerpen of aan een voorwaarde afgeleid uit de erkenning van de toekomstige beslissing. Tenslotte wordt ook onderzocht welke weerslag de exceptie van openbare orde op de internationale hoffelijkheid kan hebben. 14 Conclusie - De studie biedt een (hopelijk) objectieve weergave van de manier waarop een aantal landen parallelle procedures behandelen, en tracht opmerkelijke gelijkenissen en verschillen tussen deze behandelingen aan te tonen. Daarnaast, en niet in mindere mate, werd getracht om een verklarend kader te schetsen, dat kan bijdragen tot een beter begrip voor de verschillende wijzen waarop de betrokken rechtssystemen parallelle procedures behandelen. Tegelijkertijd heeft dit kader de mogelijkheid geboden om de bestaande oplossingen te evalueren en te bekritiseren. De rode draad doorheen deze kritiek was de vaststelling dat de eenzijdigheid en de daarmee samenhangende soevereiniteitsgedachte in het internationaal procesrecht nog altijd de bovenhand hebben op het streven naar harmonieuse, door samenwerking gekenmerkte oplossingen. Het onderzoek naar conflicterende procedures is de aanleiding geweest om een doorsnede van het internationaal procesrecht te maken. Parallelle procedures, die slechts één van de talrijke problemen zijn waarmee het internationaal procesrecht geconfronteerd wordt, vormen een mooie illustratie van het onvoltooid karakter van deze rechtstak. Hoewel het onderzoek ook geleid heeft tot het formuleren van een paar punctuele voorstellen tot verbetering van de thans geldende of aangekondigde regels, ligt het belang ervan vooral in het aanreiken van een aantal bouwstenen waarop de evolutie van het internationaal procesrecht naar meer samenwerking en minder eenzijdigheid kan steunen.