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Vilna, the capital of Lithuania, is situated at the junction of the Rivers Vileika and Vilja; population 165,000 in 1910. Its foundation is traced back to the twelfth, and even, by Polish writers, to the tenth century; but its historical origins must be referred to the year 1323, when Giedymin, Grand Prince of Lithuania, set up his capital there, wrote a letter to John XXII, and made treaty with the Brethren of the Sword. The German Crusaders partly devastated the city in 1383. When the grand Prince Jagiello, in 1383, received baptism and married Hedwige, Queen of Poland, taking the name of Wladislaus II, and uniting Poland with Lithuania, the religious and political prosperity of Vilna began. In 1577 it became the seat of a flourishing academy which gained a great literary reputation, especially under the Jesuits. In the later half of the seventeenth century and the earlier of the eighteenth it suffered much from war, fire, and pestilence. United with Russia in 1794, it ceased to be the capital of the Grand Duchy of Lithuania. The Polish insurrection of 1831 and 1863 exposed it to cruel reprisals; from 1870 it has developed industrially and commercially.
The Diocese of Vilna owes its foundation to Wladislaus II Jagiello (1383-1434), who was active in propagating Catholicism in Lithuania. In 1387 Jagiello sent Dobrogost, Bishop of Posen, as ambassador to Urban VI (1378-87) to petition for the erection of an episcopal see at Vilna and the appointment of Andrew Wasilon (then Bishop of Ceretenska) to fill it. This was granted and the foundation of a collegiate church of ten canons authorized. Under Wasilon's rule, the Churches of St. John, St. Martin, and St. Anne were built at Vilna. Upon his death, in 1398, he was succeeded by the Franciscan James Plichta (1398-1407), in whose time the cathedral was burnt down. Among his successors were: Peter of Kustynia (1414-21), whom Martin V invested with full powers to bring back the Orthodox of Lithuania to the bosom of the Catholic Church; Matthias of Trok (1421-53), a Lithuanian, who sent representatives to the Council of Basle and set up the Inquisition to combat the Hussites, founded many churches and strenuously defended the rights and privileges of the Lithuanians. Under John Losowicz (1467-81) many Ruthenians were converted to Catholicism and the Franciscans (Bernardines) were established at Vilna. Albert Tabor, a Lithuanian, invited the Dominicans to Vilna and entrusted to them the Church of the Holy Spirit; Albert Radziwill (1508-19) died in the odour of sanctity; John the Lithuanian (1519-37) held the first diocesan synod at Vilna in 1526; Prince Paul Holszanski (1534-55) restored his cathedral in the Gothic style and held a synod in 1555; Valerian Protasewicz Suszkowski (1556-80) had to contend for the celibacy of the clergy and the use of Latin in the Liturgy; he brought the Jesuits, among whom was Peter Skarga, to Vilna.
Prince George Radziwill (1581-91) fostered the Academy of Vilna, founded a seminary, under the direction of the Jesuits, introduced the regulations of the Council of Trent, and, having been made a cardinal, was transferred to the Diocese of Cracow in 1591. The chapter then entrusted the administration of the diocese to the suffragan bishop, Ciprian. At his death, in 1594, the clergy were divided into factions on the choice of a successor, until Sigismund III nominated Benedict Wolna (1600-15), who exerted himself efficaciously for the canonization of St. Casimir of Poland, in whose honour the first stone of a church was laid at Vilna in 1604. He succeeded in his efforts to have St. Casimir regarded as patron of Lithuania. His successor, Eustachius Wollowicz (1616-30), founded hospitals, invited the Canons Regular of the Lateran to Vilna, and energetically combated the Protestants and the Orthodox. Abram Wojna (1631-49) introduced the Fatebene Brethren and strenuously opposed Calvinism. George Tyszkiewicz (1650-6) annexed the whole of Courland to his diocese. Alexander Sapieha (1666-71) founded the Church of Sts. Peter and Paul, taking St. Peter's for his model. The diocese then comprised 25 deaneries with 410 churches. Constantius Casimir Brzostowski (1687-1722) brought the Piarists to Vilna and encouraged the development of the religious orders. In the episcopate of Michael Zienkowicz (1730-62) there arose sad conflicts between the Jesuits and the Piarists, resulting in the closing of the Piarist schools. Prince James Massalski (1762-94) encouraged the reform of the clergy, and devoted his immense fortune to the churches of his diocese.
After the annexation of Lithuania by Russia, the Diocese of Vilna no longer enjoyed freedom of relations with the Holy See. In 1795 the chapter nominated David Pilchowski vicar in spiritualibus. Livonia was added to the diocese, and John Nepomucene Kossakowski (1798-1808) was appointed bishop. He did much for the prosperity of the seminary. After his death the chapter became involved in a conflict with Siestrzencewicz, the Catholic Metropolitan of St. Petersburg, who usurped rights exclusively belonging to the Holy See. Siestrzencewicz forced upon the chapter, as administrator of the diocese, Geronimo Strojonowski (1808-15), upon whose death he arrogated to himself the government of the diocese with the title of Primate of Lithuania. In 1827, after Siestrzencewicz's death, the vicar capitular, Milucki, ruled the diocese for a short time. In 1828 Andreas Klagiewicz was appointed administrator; he was sent to the interior of Russia during the Polish insurrection of 1831, and returned to Vilna in 1832, was preconized Bishop of Vilna in 1839, and took possession of the see on 28 June, 1841. He died the same year, after witnessing the ruin of the Ruthenian Uniat Church in his diocese and a most ferocious persecution of Catholicism. The chapter elected John Cywinski as vicar suffragan; he had the grief of seeing the University of Vilna closed, the clergy and churches of his diocese completely despoiled of their property, and died on 17 Nov., 1846. In 1848 he was succeeded by Wenceslaus Zylinski, who was transferred in 1856 to the metropolitan See of Mohilev, but continued to govern his former diocese until 1858. Adam Stanislaus Krasinski was expelled from the diocese in consequence of the Polish insurrection, but nevertheless continued to govern the diocese until 1883, when he withdrew to Cracow. His successor, Charles Hrynieweki, was exiled to Jaroslav after two years of the episcopate, and in 1890 abdicated and withdrew to Galicia. During his exile Ludovic Zdanowicz governed the diocese as vicar patriarchal. In 1890 Anthony Francis Audziewicz, a canon of St. Petersburg and a learned theologian, was appointed Bishop of Vilna. He died in 1895; the diocese was then governed by Louis Zdanowicz, titular Bishop of Dionysias. In 1897 Canon Stephen Alexander Zwerowicz succeeded, and was transferred in 1902 to the See of Sandomir. His place was taken by Baron Edward Ropp, who set about organizing the Catholic movement in the diocese, thereby incurring the hostility of the Russian Government. Bishop Ropp having been banished to Pakov, the diocese was entrusted to Casimir Nicholas Michalkiewicz as administrator Apostolic.
The bishops of Vilna, presiding over a vast diocese and being senators of Lithuania, could not give all their attention to the spiritual necessities of their flock; hence, from the fifteenth centuries they had coadjutors or suffragans. Many of these, particularly in the sixteenth and seventeenth centuries, were titular bishops of Methone (Peloponnesus). Among the most famous may be mentioned George Casimir Ancuta (d. 17370, author of "Jus plenum religionis catholicae in regno Poloniaw", showing that the Protestants and Orthodox had not the same rights as the Catholics. Beginning from the seventeenth century there were also suffragans for Belorusi. In 1798 Pius VI recognized the ancient See of Brest as suffragan of Vilna. So also the ancient Diocese of Livonia, supressed in 1797, had become suffragan to Vilna, and in 1798 had for its first bishop Adam Kossiafkowski (d. 1828); in 1848, however, it was annexed to the Diocese of Samogitia or Kovno.
The flourishing Catholic life of the Diocese of Vilna is attested by the large number of synods held there. The first of these was in 1502, under Bishop Tabor. Then followed the synods of 1526, for the reform of manners and the organization of the parochial schools; those of 1528, to collect funds for the restoration of the cathedral; of 1555, to oppose the spread of Lutheranism; of 1582; of 1607, which made many regulations for the administration of the sacraments and the discipline of the clergy; of 1630, which regulated the administration of ecclesiastical property; of 1654, to aid the state with new imposts; of 1669 with its disciplinary regulations; of 1685, with ordinances relating to the administration of the sacraments and the life of the clergy; of 1744, with regulations in regard to the catechism, mixed marriages, and spiritual exercises. After the synod of 1744, under Bishop Michael Zienkowicz, no others were held, but the bishops addressed to their clergy pastoral letters, some of them of notable import.
The diocese possesses splendid churches and venerable sanctuaries. Of the former the largest and most beautiful are at Vilna, although many, violently wrested from the Catholics, have become Russian Orthodox churches. The cathedral, dedicated tot he Blessed Trinity, St. Stanislaus, and St. Wladislaus, was erected in virtue of a Bull of 12 March, 1387. Burned down in 1399, it was rebuilt in the Gothic style in 1399 by Grand Duke WItold. Again destroyed in 1531 and 1662, its restoration was begun in 1769 and finished in 1801. It contains splendid chapels, especially those of St. Casimir and of the Immaculate Conception. Other important churches are those of Holy Cross, founded in the fourteenth century on the spot where, in 1366, fourteen Franciscans were martyred by the pagans; the Church of St. Martin, founded by Jagiello in 1380 on the ruins of an ancient pagan temple; St. Anne, founded for the Germans by Anna, the consort of Witold, in 1392; St. John the Evangelist, founded in 1386 and enriched with privileges by Leo X; Corpus Domini, founded by the Archconfraternity of the Blessed Sacrament in 1573; and the Church of the Guardian Angels. To these must be added the numerous churches of the religious order, which flourished in Lithuania, but of which few traces remain. The Dominicans, who in the fifteenth century had a church dedicated to the Holy Spirit, built in 1679-88 another, which in 1844 was given up by them and transformed into a parish church. The Bernardines undertook at Vilna, in 1469, the construction of a wooden church, rebuilt in stone in 1500; it was burnt down in 1794 and restored in 1900. This order was forced to leave the diocese in 1864. The Church of Sts. Peter and Paul was given to the Lateran Canons in 1638; they abandoned it in 1864. St. Casimir, with the annexed Jesuit college, founded in 1604, was turned into an Orthodox church in 1832. St. Ignatius Loyola, founded by the Jesuits in 1622, is now the club of the officials. The Carmelite Church of St. Teresa has a miraculous image of the Madonna. The Augustinians, Trinitarians, Brigittines, Carmelite Sisters, Piarists, Visitandines, and others also had churches, to which must be added numerous chapels. After the Polish Revolutions of 1863, the diocese saw all its religious violently expelled. The monasteries were converted into barracks, the churches given to the Orthodox or the secular clergy, the libraries dispersed, the possessions of the religious confiscated. In 1910 there remained only one monastery of Benedictine Sisters (connected with the Church of St. Catherine at Vilna) with six septuagenarian nuns, a Bernardine convent at Slonim with four septuagenarian nuns, a Franciscan monastery at Grodno with a single friar, and, in the same city, a convent of Brigittine Sisters with two religious. The efforts made since 1905 by the various orders to re-establish themselves in the diocese have been fruitless.
The Diocese of Vilna contains 1,4200,000 faithful distributed among 23 rural deaneries as follows: Bialystok, 20 parishes and stations, 101,761 souls; Bielsk, 20 parishes, 66,125 souls; Brest, 3 parishes, 14212 souls; Dzisna, 15 parishes, 66,536 souls; Giedrojce, 13 parishes, 58,813 souls; Grodno, 20 parishes, 58,116 souls; Kobryn, 2 parishes, 7925 souls; Lida, 14 parishes, 65,100 souls; Merecz, 20 parishes, 82,948 souls; Nadwilejski, 8 parishes; 41,053 souls; Oszmiana, 11 parishes, 61,032 souls; Prwjany, 7 parishes, 11,648 souls; Radun, 15 parishes, 83,451 souls; Slonim, 7 parishes; 30,337 souls; Sokolka, 14 parishes, 75,709 souls; Swienciang, 19 parishes, 93,716 souls; Swir, 11 parishes, 48,266 souls; Troki, 20 parishes, 88,856 souls; Vilna (city), 30 churches and chapels, 141,104 souls; Vilna (district), 9 parishes, 52,690 souls; Wilejka, 10 parishes, 35,783 souls; Wisniew, 15 parishes, 83,900 souls; Wolkowysk, 16 parishes, 58,825 souls. Besides the cathedral parish the city of Vilna contains those of St. John Baptist, the Holy Spirit, St Teresa, Sts. Philip and James, St. Raphael the Archangel, St. Francis of Assisi, All Saints, the Holy Apostles Peter and Paul. The Catholic population of the city is 96,000 souls. Dependent upon the parish of St. Teresa is the chapel of the miraculous image of Our Lady of Ostrobrama, the centre of many pilgrimages in Lithuania, and venerated also by the Orthodox. The chapel containing the miraculous image stands upon an arch, and the street which passes under this arch is occupied at all hours of the day by a crowd of prostrate suppliants; no one passing under the arch -- not even the Hebrews -- will neglect to uncover the head in token of reverence.
The secular clergy number about 440 priests. The cathedral chapter comprises 5 prelates and 3 canons. The secular clergy are educated in the seminary, which has 15 professors and 160 students. Its foundation dates from 1582; it was closed in 1862; reopened in 1872, and had but two students, but their number gradually increased. At Brest there was a petit seminaire, which was closed in 1830; the seminary at Bialystok was closed in 1842. The clergy has always exerted, and still exerts, a beneficial influence upon popular education. At the beginning of the nineteenth century twenty-five parochial elementary schools were in operation at Vilna; schools and colleges were conducted by the Jesuits, the Uniat Basilians, the Piarists, and other religious orders. The monastic libraries were centres of culture. As late as the seventeenth century there were 101 monasteries in Lithuania. The library of the Missionaries of Vilna contained 8284 volumes; that of the Piarists, 7000; that of the Bernardines, 4142. The University of Vilna possessed 20,000 volumes of theology, part of which were given to the Theological Academy of St. Petersburg, to the University of Kiev, and to the Public Library of Vilna.
In consequence of the fierce persecution stirred up against Catholicism, the scientific glory of the Diocese of Vilna became obscured; but the Faith remained firmly rooted in the hearts of the people. Vilna is perhaps the most devout city in the Russian Empire, and its piety is all the more admirable because the paucity of secular clergy and the complete lack of religious orders render it difficult for the people to fulfil their religious duties. Of late years, however, the bitter quarrels between the Polish and Lithuanian Nationalists led to divisions in the Catholic camp The Lithuanian clergy that in all the churches of the diocese Lithuanian shall be equally considered with Polish in religious instruction and in supplementary devotions. A portion of the Polish clergy are opposed to these claims. But wise measures taken by the ecclesiastical authorities have allayed the animosity, and opportune concessions to the Lithuanians have, at least in appearance, removed the causes of discord.
KOJALOWICZ, Hist. Lithuania (Antwerp, 1669); Constitutiones synod. diaec. Vilnensis (Vilna, 1633); Arta synodi diaec. Vilensis praesidente D. Alex. Sapiela (Vilna, 1669); Acta synodi diaec. Vil. praesid. Kotowicz (Vilna, 1685); Decreta synodi diaec. a Brzostowski celebrata (Vilna, 1717); Synodus diaec. Vil. a Zienkowicz celebr. (Vilna, 1744); NARBUT, Dzieje naroda litewskiego (Vilna, 184); De origine, erectione et revolutione diaec. Vilnensis in Directorium pro diaecesi Vilnensi in A.D. 1909 (Vilna, 1908), 243-71; KURCZERSKI, Wilenski bisupstwo in Encyclopedja Koscielna, XXXI (Plock, 1911), 203-330; De primis vestigiis religionis christianae inter Lithuanos propagatae (Konigsberg, 1810); Bulla papiexa Urbana VI o pierwiatskowem ustanowienim biskupstwa w Wilnie, Dzieje Dobroczynnosci, III (1822), 870-84; WAZYNSKI, Litwa pod wsglediem przesladowania wniejrzymsko-katolickiego kosciola, szczegolnie w diecezyi wilenskiej od r. 1863 do 1872 (Posen, 1872); Wizyta jeneralna dyecezyi wilenskiej roku 1828 (Vilna, 1828); BALINSKI, Opisanie statystyczne miasta Wilna (Vilna, 1835); IDEM, Historia miasta Wilna (Vilna, 1836-7); NARBUTT, Dzieje starozytne narodu litewskiego (Vilna, 1835-41); IDEM, Dzieje starozytne narodu litewskiego (Vilna, 1835-41); HOMOLICKI, Katedra wilenski (Vilna, 1838); KRASZEWSKI, Wilno od poczratkow jego do roku 1750 (Vilna, 1840-2); CYSZKIEWICZ, Wiadomosc historyczna o zgromadzeniach i fundacyach mezkich i zeskich klasztorow w dyecezyi Wilenskiej (Vilna, 1858); Seminarii principali vilnensi (St. Petersburg, 1888); ARCHIM, Ostrovorotnaia ili ostrobramskai cudotvornaia ikona Bogoroditzy v gorodie Vilnie (Vilna, 1890); KIPRIANOVIC, Josiph Semaski, mitropolit litovskii i vilenskii (Vilna, 1894); Stosunki kosciola na Litwie (Lemberg, 1900).
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WASHINGTON — Ten years ago this weekend, our Fox News team was racing north from Baghdad to Tikrit with the 1st Battalion, 5th Marines. They knew what needed to be done and had a plan for doing it, and all Griff Jenkins and I had to do was cover it and stay out of the way. Given what I'm doing this weekend, covering the war was less demanding, somewhat better-organized and perhaps less dangerous. This weekend, our youngest daughter is getting married.
A decade ago, all I had to do was be in the right place at the right time, get good footage during a gunfight, prepare a report, interview some eyewitness participants, hook up our tiny satellite transceiver, dial up Fox News in New York and file our story. Most of the time, it worked flawlessly — even when Iraqi soldiers surrendered to Griff in the midst of a live broadcast.
My life is no longer that simple. Weddings are far more complicated and fraught with peril than going to war with Marines. Even though this is my third round of being father of the bride, I have not mastered what I need to know and repeatedly fail to carry out my basic orders: "Show up. Pay up. Shut up. And smile." Worst of all, the women I love — my wife and three daughters — all agree I'm better at going to war than to a wedding.
A decade ago, there were clear lines of command and authority. In our zone of action, Lt. Gen. Jim Conway commanded the 1st Marine Expeditionary Force — more than 30,000 U.S. Marines, soldiers, sailors, Royal Marine commandos and a number of other allies. The 1st Marine Division was led by Maj. Gen. Jim Mattis — heading more than 10,000 troops, infantry, armor, artillery and all manner of support personnel. Everyone knew the chain of command, call signs, radio frequencies, the "battle space" and where to call for help. The generals have scores of officers and senior noncommissioned officers on their staffs to monitor current operations, plan future operations, deliver combat support and provide beans, bullets, bombs and bandages for the troops. Weddings are nothing like that.
First, none of those generals wields anything like the authority of the mother of the bride. She is the arbiter of all things, the undisputed decider in chief. Her battle staff consists of the bride and the bride's female siblings. They are allowed to provide input, which may be summarily accepted or rejected by the MOTB — because her word is law. Neither the male sibling of the bride nor the father of the bride has a speaking part in any of the battle plans or current operations. Each simply must carry out his orders.
Most of these missions consist of instructions on what needs to be painted, planted, cut, carried, taken away or picked up and brought home with the admonition: "It's fragile. Don't drop it." Last week, shortly after I made the egregious error of offering advice on a tint of paint, one of our friends called the MOTB and asked whether our daughter would like a memento from his collection of rare equestrian equipment. The MOTB asked, "Don't you also have a collection of antique diving helmets?"
"Yes," our friend replied, "but why would your daughter want a diving helmet?"
"She doesn't," the MOTB answered. "I want you to lend me one so my husband can wear it until the wedding."
All this "mother power" reminds me that a decade ago, Saddam Hussein promised the mother of all battles when we crossed into Iraq from Kuwait. While we were en route to Baghdad, a major sandstorm brought combat to a halt for nearly two days. The troops dubbed it MOASS — the mother of all sandstorms. The Marines also have this expression: "Indecision is the mother of flexibility." All of this has been brought home to me as we prepare for "The Big Day."
But here's the good news: It's all going to go off without a hitch. There won't be any members of the so-called mainstream media hanging around and hoping for something to go wrong. There won't be a dust storm, sand flies or scorpions. Unlike the places where I have spent the past 10 springs, the air will be full of the fragrance of flowers; all the women will be beautifully attired; and the pastor of our daughter's church will call on God Almighty to consecrate this marriage.
Peyton, her husband-to-be, is a talented and successful young singer and songwriter. He and my daughter met in elementary school. Before he asked for our daughter's hand in marriage, he came to us and asked us to bless his request. Before he went to Afghanistan last year, we talked at length about what to expect. It's his great voice on the audiobook version of my latest novel, "Heroes Proved."
And then there is the best part: When it's all over, I'll be able to kiss the MOTB and tell her what a great job she did pulling it all together. I've tried that before — with mixed results. A while back, in an effort to score some points as a largely absentee husband and father, I told her, "I've spent much of our 44-year marriage far from home. You have done a magnificent job raising our children."
She nodded and said, "You're right. But I'm not finished with them yet."


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September 2023
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Solving crimes requires clear wits and steely concentration—two qualities that can be hard to come by when you're zonked out of your gourd on hindu kush, marching to the beat of Bolivian marching powder, or amped to the eyeballs on speed. Sleuths may have sipped martinis or bourbon once upon a time, but, these days, they're just as liable to be battling a serious case of cotton-mouth. They're also just as likely to be botanists or drug dealers as detectives.
Almost Criminal. By E. R. Brown. 2013. Dundurn, paper, $17.99 (9781459705838).
Tate MacLane isn't a user—in fact, he's almost too clear-headed for his own good. A prodigy who graduated prematurely from high school, he was kicked out of university for "socialization issues," and, now, at the ripe old age of 17, he's a has-been who works at a coffee shop while dreaming of making his way back to academia. Until, that is, he goes to work for a medical-marijuana grower who, Tate learns, is really just a drug dealer working the system. It's going to take more than a high I.Q. for Tate to safely extricate himself from the life he's wandered into.
Baked. By Mark Haskell Smith. 2010. Black Cat, paper, $14 (9780802170767).
When L.A. botanist Miro Basinas wins the prized Cannabis Cup in Amsterdam with a wickedly strong strain called Elephant Crush, he's on his way to breaking into the upper ranks of cannabis breeders. He's caught off guard, however, when the greedy owner of a chain of medical marijuana dispensaries decides to steal his plants and plant him six feet under. Although Smith's plots sometimes read like pipe dreams, fans of absurdist humor will inhale this one in a hurry.
The Best Thing That Can Happen to a Croissant. By Pablo Tusset. 2005. Canongate, paper, $14 (9781841957159).
Pablo Miralles, rotund scion of a wealthy Barcelona family, is intelligent, belligerent, profound, profane, and, above all, lazy. He sleeps late, drinks and does drugs, hires hookers, and spends his spare time arguing online with the other members of the Metaphysical Club. When his serious, hardworking brother disappears, Pablo takes the case—sort of. Tusset treats the mystery simply as an excuse to let us spend time with his funny and quotable hero, who is less interested in finding his brother than he is in testing the limits of the missing man's bank card.
How to Rob an Armored Car. By Iain Levison. 2009. Soho, $15 (9781569475997).
The economic downturn has been especially unkind to Kevin, Mitch, and Doug, twentysomething stoners who live in a depressed Pennsylvania coal town. Putting their dope-addled heads together, they decide that their economic salvation lies in crime. What kind of crime, you ask? Surely you must be smoking. The dialogue may be in "stonerese," but Levison is a sly storyteller, and his tale is by turns funny, sad, and insightful.
Inherent Vice. By Thomas Pynchon. 2009. Penguin, paper, $16 (9780143117568).
It's the late 1960s, and Doc Sportello, owner of LSD Investigations, is searching for missing construction mogul Mickey Wolfmann—but it's hard to keep things straight when you're high. Dogged by a cop named Bigfoot Bjornsen, battling memory lapses and hallucinations, Doc trusts his instincts and smokes his way out of hairy predicaments. If Columbo's catchphrase was "Just one more thing," Doc's would be "Did I say that out loud?"
The Man in the Blizzard. By Bart Schneider. 2008. Three Rivers, paper, $14.95 (9780307238139).
It's 2008 in the Twin Cities, and neo-Nazis plan to disrupt an antiabortion rally outside the Republican Convention. Enter Augie Boyer, a sad-sack PI who moons over his divorce, smokes too much weed, and indulges a powerful hunger for fried food. "What chance does an unarmed, pothead, existentialist detective have against the genuine existentialists running around with guns in North Minneapolis?" asks Boyer. There's a perfectly decent mystery plot in here somewhere, but the questions are just as much fun as the answers.
Stein, Stoned. By Hal Ackerman. 2010. Tyrus, paper, $14.95 (9781935562146).
Harry Stein was a countercultural hero in the sixties, thanks to Smoke This Book, his cult classic on growing weed. Now he's a small-time PI and hasn't smoked dope for six years, afraid of losing joint custody of his daughter, Angie. Then two cases, one of them involving a missing crop of medical marijuana, bring the past into the present. Before you can say, "Don't bogart that joint," Harry finds himself plunged into his old milieu, even taking a trip to Amsterdam for the Cannabis Cup.
Twelve-Step Fandango. By Chris Haslam. 2004. Morrow, paper, $13.95 (9780060585396).
Seventies throwback Martin Brock is living in a ruined castle on the Spanish coast, dealing stepped-on drugs to tourists and ingesting a ration of pharmaceuticals that might have inspired Hunter S. Thompson to stage an intervention. Then an old friend comes to visit and promptly dies, leaving behind five kilos of cocaine so pure Martin gets high just looking at it. After the drugs come deadly serious dealers, natch, and they want their coke back. Staggering out of his comfortable rut, Martin refuses to turn it over and leads them instead on a merry chase through the hills, wheezing all the way.
Editor's note: A shorter version of this list appeared as "Read-alikes: Baked Burglars, Hippie Detectives, and Slacker Sleuths."
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[188 U.S. 445, 446] On February 4, 1897, defendants in error commenced their action in the circuit court of the United States for the district of South Carolina to recover of the United States the sum of $10,000 as compensation for certain real estate (being a part of a plantation known as Verzenobre) taken and appropriated by the defendant.
The petition alleged in the 1st paragraph the citizenship and residence of the petitioners; in the 2d, that they had a claim against the United States under an implied contract for compensation for the value of property taken by the United States for public use; 3d, that they were the owners as tenants in common of the plantation; and in the 4th and 7th paragraphs:
The remaining paragraphs set forth the effect of the placing by the government of the dams, restraining walls, and other obstructions in the river, together with the value of the property appropriated by the overflow. The answer of the government averred: [188 U.S. 445, 448] 'First. That this defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in the 1st and 3d paragraphs of the said petition and complaint.
For a further defense the statute of limitations was pleaded. The case came on for trial before the court without a jury, which made findings of fact, and from them deduced conclusions of law and entered a judgment against the defendant for the sum of $10,000. The findings were to the effect that the plaintiffs were the owners of the plantation, deriving title by proper mesne conveyances from 'a grant by the lord's proprietors of South Carolina,' made in 1736. Other findings pertinent to the questions which must be considered in deciding this case were as follows:
... * *
Upon these findings of fact the important conclusions of law were thus stated:
The case involving the application of the Constitution of the United States was brought by writ of error directly to this court.
Mr. Robert A. Howard and Solicitor General Richards for United states.
[188 U.S. 445, 457] Mr. J. P. K. Bryan for defendants in error. [188 U.S. 445, 458]
Mr. Justice Brewer delivered the opinion of the court:
There are three principal questions in this case? First, Did the circuit court have jurisdiction? second, Was there a taking of the land within the meaning of the 5th Amendment? and, third, If there was a taking, was the government subject to the obligation of making compensation therefor?
Did the circuit court have jurisdiction? It may be premised that this question was not raised in the circuit court, nor was it presented to this court on the first argument, but only upon the reargument. This omission on the part of the learned counsel for the government is certainly suggestive. Nevertheless, as the question, now for the first time presented, is one of jurisdiction, it must be considered and determined. To sustain the challenge of jurisdiction it is insisted by the government that there was no implied contract, but simply tortious acts on the part of its officers; and Hill v. United States, 149 U.S. 593 , 37 L. ed. 862, 13 Sup. Ct. Rep. 1011, and Schillinger v. United States, 155 U.S. 163 , 39 L. ed. 108, 15 Sup. Ct. Rep. 85, are relied upon. Let us see what those cases were and what they decided. In the former the plaintiff sued to recover from the United States for the use and occupation of land for a lighthouse. The land upon which the lighthouse was built was submerged land in Chesa- [188 U.S. 445, 459] peake bay. The government pleaded that it had a paramount right to the use of the land, and that plea was demurred to. It was held that the circuit court had no jurisdiction, and in the opinion delivered by Mr. Justice Gray it was said, after referring to several cases (pp. 598, 599, L. ed. p. 864, Sup. Ct. Rep. p. 1013):
In the other case it appeared that the architect of the capitol contracted with G. W. Cook for the laying of pavement in the [188 U.S. 445, 460] capitol grounds. The contractor in laying the pavement infringed, as petitioners claimed, upon rights granted to them by patent. Thereafter this suit was brought, not against the party guilty of the alleged infringement, but against the United States, which had accepted the pavement in the construction of which, as petitioners claimed, the contractor had infringed upon their rights. In the opinion it was said (p. 170, L. ed. p. 111, Sup. Ct. Rep. p. 87):
How different is the case at bar! The government did not deny the title of the plaintiffs. It averred in the answer simply that it had 'no knowledge or information sufficient to form a belief,' but did not couple such averment with any denial, nor did it pretend that it owned the property or had a paramount proprietary right to its possession. It did not put in issue the question of title, but rested upon a denial that the acts its offi- [188 U.S. 445, 461] cers had done by its direction had overflowed the land and wrought the injury as alleged, or that such overflow and injury created an implied contract, and also upon the bar of the statute of limitations. Nowhere in the record did it set up any title to the property antagonistic to that claimed by the plaintiffs. It simply denied responsibility for what it had caused to be done, and pleaded that if it had ever been liable, the statute of limitations had worked a bar. No officer of the government, as in the Langford Case, claimed that the property found by the court to be the property of the plaintiffs belonged to the government. While there was no formal admission of record that the land belonged to the plaintiffs, the case was tried alone upon the theory that the government could not be held responsible for what it had done. It did not repudiate the actions of its officers and agents, but on the contrary in terms admitted that they acted by authority of Congress, and that all that they did was lawfully done. So that if the overflow and destruction of this property was, as we shall presently inquire, a taking and appropriation within the scope of the 5th Amendment to the Constitution, the jurisdictional question now presented is whether such appropriation, directed by Congress, created an implied contract on the part of the government to pay for the value of the property so appropriated. Let us see what this court has decided. In United States v. Great Falls Mfg. Co. 112 U.S. 645 , 28 L. ed. 846, 5 Sup. Ct. Rep. 306, Congress having made an appropriation therefor, a dam was constructed across the Potomac with the view of supplying the city of Washington with water. In the construction of such dam certain lands belonging to the plaintiff were taken, although such lands were not by the act of Congress specifically ordered to be taken. The property so taken not having been paid for, plaintiff brought this action in the court of claims to recover the value thereof, and it was held that the action might be maintained, and in the opinion it was said (p. 656, L. ed. p. 850, Sup. Ct. Rep. p. 310):
In Great Falls Mfg. Co. v. Atty. Gen. 124 U.S. 581 , sub nom. Great Falls Mfg. Co. v. Garland, 31 L. ed. 527, 8 Sup. Ct. Rep. 631, an action, which, like the preceding, grew out of provisions made by Congress to supply water to the city of Washington, and in which the relief sought was the removal of all structures on the premises, or if it should appear that the property had been legally condemned, the framing of an issue, triable by jury, to ascertain the plaintiff's damages, and a judgment for the amount thereof, it was said, referring to the [188 U.S. 445, 463] contention that there were certain defects in the proceedings taken by the government (p. 597. L. ed. p. 532, Sup. Ct. Rep. p. 637):
In Hollister v. Benedict & B. Mfg. Co. 113 U.S. 59 , 28 L. ed. 901, 5 Sup. Ct. Rep. 717, an action by the assignees of a patent against a United States collector for infringement, the law is thus stated (p. 67, L. ed. p. 904, Sup. Ct. Rep. p. 721):
In United States v. Palmer, 128 U.S. 262 , 32 I. ed. 442, 9 Sup. Ct. Rep. 104, an action in the court of claims by a patentee against the government to recover upon an implied contract for the use of the patented invention, it appeared that the petitioner was the patentee of certain improvements in infantry equipments which were adopted by the Secretary of War as a part of the equipment of the infantry soldiers of the United States, and, sustaining the jurisdiction of the court of claims, it was said (p. 269, L. ed. p. 444, Sup. Ct. Rep. p. 105):
In United States v. Berdan Fire-Arms Mfg. Co. 156 U.S. 552 , 39 L. ed. 530, 15 Sup. Ct. Rep. 420, a judgment of the court of claims against the United States on an implied contract for the use of an improvement in breech-loading firearms was sustained, although there was no act of Congress expressly directing the use of such improvement. In the opinion it was said (p. 567, L. ed. p. 535, Sup. Ct. Rep. p. 424):
And then, after quoting from several of the findings, it was added (p. 569, L. ed. 536, Sup. Ct. Rep. p. 425):
The rule deducible from these cases is that when the government appropriates property which it does not claim as its own, it does so under an implied contract that it will pay the value of the property it so appropriates. It is earnestly contended in argument that the government had a right to appropriate this [188 U.S. 445, 465] property. This may be conceded, but there is a vast difference between a proprietary, and a governmental, right. When the government owns property, or claims to own it, it deals with it as owner and by virtue of its ownership, and if an officer of the government takes possession of property under the claim that it belongs to the government (when in fact it does not), that may well be considered a tortious act on his part, for there can be no implication of an intent on the part of the government to pay for that which it claims to own. Very different from this proprietary right of the government in respect to property which it owns is its governmental right to appropriate the property of individuals. All private property is held subject to the necessities of government. The right of eminent domain underlies all such rights of property. The government may take personal or real property whenever its necessities, or the exigencies of the occasion, demand. So, the contention that the government had a paramount right to appropriate this property may be conceded, but the Constitution in the 5th Amendment guarantees that when this governmental right of appropriation-this asserted paramount right-is exercised it shall be attended by compensation.
The government may take real estate for a postoffice, a courthouse, a fortification, or a highway; or in time of war it may take merchant vessels and make them part of its naval force. But can this be done without an obligation to pay for the value of that which is so taken and appropriated? Whenever in the exercise of its governmental rights it takes property the ownership of which it concedes to be in an individual, it impliedly promises to pay therefor. Such is the import of the cases cited as well as of many others.
The action which was taken, resulting in the overflow and injury to these plaintiffs, is not to be regarded as the personal act of the officers, but as the act of the government. That which the officers did is admitted by the answer to have been done by authority of the government, and although there may have been no specific act of Congress directing the appropriation of this property of the plaintiffs, yet if that which the officers of the government did, acting under its direction, resulted in an ap- [188 U.S. 445, 466] propriation, it is to be treated as the act of the government. South Carolina v. Georgia, 93 U.S. 4, 13 , 23 S. L. ed. 782, 784; Wisconsin v. Duluth, 96 U.S. 379 , 24 L. ed. 668; United States v. Great Falls Mfg. Co. 112 U.S. 645 , 22 L. ed. 846, 5 Sup. Ct. Rep. 306.
Congress for many successive terms appropriated money for the improvement of the Savannah river. 21 Stat. at L. 470, 480, chap. 136; 22 Stat. at L. 194, 200, chap. 375; 23 Stat. at L. 140, chap. 229; 24 Stat. at L. 321, 331, chap. 929; 25 Stat. at L. 413, chap. 860; 26 Stat. at L. 442, chap. 907; 27 Stat. at L. 101, chap. 158; 28 Stat. at L. 351, chap. 299. These appropriations were in the river and harbor bills, and were generally of so much money for improving the river, but some deserve special mention. Thus, in 21 Stat. at L. 470, chap. 136, it was provided that 'one thousand dollars may be applied to payment of damages for land taken for widening the channel opposite Savannah.' In 24 Stat. at L. 331, chap, 929, the Secretary of War was directed to cause a survey to be made of the 'Savannah river from cross tides above Savannah to the bar, with a view to obtaining twenty-eight feet of water in the channel.' The appropriation in the 25 Stat. at L. 413, chap. 860, was for the improvement of the river, 'completing the present project and commencing the extended project contained in the report of engineer for year ending June 30, 1887.' And by the same statute, 431, among the matters referred to the Secretary of War for survey and examination was 'whether the damage to the Verzenobie freshet bank in 1887 was caused by the work at cross tides, and whether the maintenance of said bank is essential to the success of the work at cross tides, and what will be the cost of so constructing said bank as to confine the water of said river to its bed.' The report of the engineers for the year 1887, referred to in the section above quoted, shows that part of the work which was being done by the government was in the construction of training walls, and wing dams, by which the width of the water way was reduced.
Further, the same year (25 Stat. at L. 94, chap. 194, U. S. Comp. Stat. 1901, p. 3525), an act was passed, entitled 'An Act to Facilitate the Prosecution of Works Projected for the Improvement of Rivers and Harbors,' which authorized the Secretary of War to commence proceedings 'for the acquirement by condemnation of any land, right of way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which pro- [188 U.S. 445, 467] vision has been made by law; . . . provided, however, that when the owner of such land, right of way, or material shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase the same at such price without further delay.'
Thus, beyond the effect of the admission in the answer, and beyond the presumption of knowledge which attends the action of all legislative bodies, it affirmatively appears, not only that Congress was making appropriations from year to year for the improvement of the river, but also that it had express notice of damage to the banks along this very plantation; that the works which were being done by the engineers had in view the narrowing of the width of the water way; that land would be damaged as the result of those works, and that it authorized the Secretary of War to take proceedings in eminent domains to acquire the land, right of way, and material which might be necessary for maintaining, operating, or prosecuting works of river improvement, or, if the price could be agreed upon, to purchase the same.
This brings the case directly within the scope of the decision in United States v. Great Falls Mfg. Co. 112 U.S. 645 , 22 L. ed. 846, 5 Sup. Ct. Rep. 306, where, as here, there was no direction to take the particular property, but a direction to do that which resulted in a taking, and it was held that the owner might waive the right to insist on condemnation proceedings, and sue to recover the value.
It does not appear that the plaintiffs took any action to stop the work done by the government, or protested against it. Their inaction and silence amount to an acquiescence-an assent to the appropriation by the government. In this respect the case is not dissimilar to that of a landowner who, knowing that a railroad company has entered upon his land and is engaged in constructing its road without having complied with the statute in respect to condemnation, is estopped from thereafter maintaining either trespass or ejectment, but is limited to a recovery of compensation. Reberts v. Northern P. R. Co. 158 U.S. 1, 11 , 39 S. L. ed. 873, 15 Sup. Ct. Rep. 756; Northern P. R. Co. v. Smith, 171 U.S. 260 , 43 L. ed. 157, 18 Sup. Ct. Rep. 794, and cases cited in the opinion.
The case, therefore amounts to this: The plaintiffs alleged [188 U.S. 445, 468] that they were the owners of certain real estate bordering on the Savannah river; that the government, in the exercise of its powers of eminent domain and regulation of commerce, through officers and agents duly empowered thereto by acts of Congress, placed dams, training walls, and other obstructions in the river in such manner as to hinder its natural flow and to raise its waters so as to overflow the land of plaintiffs, and overflow it to such an extent as to cause a total destruction of its value. The government, not denying the ownership of plaintiffs, admitted that the work which was done by their officers and agents was done by authority of Congress, but denied that those works had produced the alleged injury and destruction. We are of opinion that under these pleadings and the issues raised thereby the circuit court had jurisdiction to inquire whether the acts done by the officers of the United States under the direction of Congress had resulted in such an overflow and injury of the plaintiff's land as to render it absolutely valueless, and if thereby the property was, in contemplation of law, taken and appropriated by the government, to render judgment against it for the value of the property so taken and appropriated.
Was there a taking? There was no proceeding in condemnation instituted by the government, no attempt in terms to take and appropriate the title. There was no adjudication that the fee had passed from the landowner to the government, and if either of these be an essential element in the taking of lands, within the scope of the 5th Amendment, there was no taking.
Some question is made as to the meaning of the findings. It appears from the 5th finding, as amended, that a large portion of the land flooded was in its natural condition between high-water mark and low-water mark, and was subject to overflow as the water passed from one stage to the other; that this natural overflow was stopped by an embankment, and in lieu thereof, by means of flood gates, the land was flooded and drained at the will of the owner. From this it is contended that the only result of the raising of the level of the river by the government works was to take away the possibility of drainage. But findings IX. and X. show that, both by seepage and [188 U.S. 445, 469] percolation through the embankment, and an actual flowing upon the plantation above the obstruction, the water has been raised in the plantation about 18 inches; that it is impossible to remove this overflow of water, and, as a consequence, the property has become an irreclaimable bog, unfit for the purpose of rice culture or any other known agriculture, and deprived of all value. It is clear from these findings that what was a valuable rice plantation has been permanently flooded, wholly destroyed in value, and turned into an irreclaimable bog; and this as the necessary result of the work which the government has undertaken. Does this amount to a taking? The case of Pumpelly v. Green Bay & M. Canal Co. 13 Wall. 166, 20 L. ed. 557, answers this question in the affirmative. And on the argument it was conceded by the learned counsel for the government (and properly conceded in view of the findings) that so far as respects the mere matter of overflow and injury there was no substantial distinction between the two cases. In that case the Green Bay Company, as authorized by statute, constructed a dam across Fox river, by means of which the land of Pumpelly was overflowed and rendered practically useless to him. There, as here, no proceedings had been taken to formally condemn the land. Referring to this it was said (p. 177, L. ed. p. 560):
Reference was also made to the case of Sinnickson v. Johnson, 17 N. J. L. 129, 34 Am. Dec. 184, in respect to which it was said: 'The case is mainly valuable here as showing that overflowing land by backing the water on it was considered as 'taking' it within the meaning of the principe.' Again, on page 179, L. ed. p. 561, it was said: 'But there are numerous authorities to sustain the doctrine that a serious interruption, to the common and necessary use of property may be, in the language of Mr. Angell, in his work on Watercourses, equivalent to the taking of it, and that under the constitutional provisions it is not necessary that the land should be absolutely taken.' And in a footnote the following authorities were cited: Angell, Watercourses, 465a; Hooker v. New Haven & N. Co. 14 Conn. 146, 36 Am. Dec. 477; Rowe v. Granite Bridge Corp. 21 Pick. 344; Canal Appraisers v. People ex rel. Tibbits, 17 Wend. 604; Lackland v. North Missouri R. Co. 31 Mo. 180; Stevens v. Middlesex Canal, 12 Mass. 466.
It is clear from these authorities that where the government by the construction of a dam or other public works so floods lands belonging to an individual as to substantially destroy their value there is a taking within the scope of the 5th Amendment. While the government does not directly proceed to appropriate the title, yet it takes away the use and value; when that is done it is of little consequence in whom the fee may be vested. Of course, it results from this that the proceeding must be regarded as an actual appropriation of the land, including the possession, the right of possession, and the fee; and when the amount awarded as compensation is paid, the title, the fee, with whatever rights may attach thereto-in this case those at least which belong to a riparian proprie- [188 U.S. 445, 471] tor-pass to the government and it becomes henceforth the full owner.
Passing to the third question, it is contended that what was done by the government was done in improving the navigability of a navigable river, that it is given by the Constitution full control over such improvements, and that if in doing any work therefor injury results to riparian proprietors or others, it is an injury which is purely consequential, and for which the government is not liable. But if any one proposition can be considered as settled by the decisions of this court it is that, although in the discharge of its duties the government may appropriate property, it cannot do so without being liable to the obligation cast by the 5th Amendment of paying just compensation.
In Monongahela Nev. Co. v. United States, 148 U.S. 312, 336 , 37 S. L. ed. 463, 471, 13 Sup. Ct. Rep. 622, 630, it was said:
In that case Congress had passed an act for condemning what was known as 'the upper lock and dam of the Monongahela Navigation Company,' and provided 'that in estimating the sum to be paid by the United States, the franchise of said corporation to collect tolls should not be considered or estimated,' but we held that this proviso was beyond the power of Congress; that it could not appropriate the property of the navigation company without paying its full value, and that a part of that value consisted in the franchise to take tolls. So in the recent case of Scranton v. Wheeler, 179 U.S. 141, 153 , 45 S. L. ed. 126, 133, 21 Sup. Ct. Rep. 48, 53, we repeated the proposition in these words:
It is true that a majority of the court held, in that case, that the destruction of access to land abutting on a navigable river by the construction by Congress of a pier on the submerged lands in front of the upland was not a taking of private property for public uses, but only an instance of consequential injury to the property of the riparian owner. But the right of compensation in case of a taking was conceded. There have been many cases in which a distinction has been drawn between the taking of property for public uses and a consequential injury to such property, by reason of some public work. In the one class the law implies a contract, a promise to pay for the property taken, which, if the taking was by the general government, will uphold an action in the court of claims; while in the other class there is simply a tortious act doing injury, over which the court of claims has no jurisdiction. Thus, in Northern Transp. Co. v. Chicago, 99 U.S. 635 , 25 L. ed. 336, the city, duly authorized by statute, constructed a tunnel along the line of LaSalle street and under the Chicago river.
The company claimed that it was deprived of access to its premises by and during the construction. This deprivation was not permanent, but continued only during the time necessary to complete the tunnel, and it was held that there was no taking of the property, but only an injury, and that a temporary injury thereto. In the course of the opinion, after referring to the Pumpelly Case, 13 Wall. 166, 20 L. ed. 557, and Eaton v. Boston, C. & M. R. Co. 51 N. H. 504, 12 Am. Rep. 147, we said (p. 642, L. ed. p. 338):
Therefore, following the settled law of this court, we hold that there has been a taking of the lands for public uses, and that the government is under an implied contract to make just compensation therefor.
The judgment is affirmed.
Mr. Justice Brown concurring:
I concur in the opinion of the court, both with respect to its jurisdiction and the merits of the case, but I am unable to assent to the ground upon which our jurisdiction is rested. While I think the overflowing of the lands in controversy constitutes a taking within the meaning of the 5th Amendement to the Constitution, I see no reason for holding that there was an implied contract to pay for them within the meaning of the Tucker act. The taking appears to me an ordinary case of trespass to real estate, containing no element whatever of contract. In such case there can be no waiver of the tort. Jones v. Hoar, 5 Pick. 285; Smith v. Hatch, 46 N. H. 146. [188 U.S. 445, 475] But I think our jurisdiction may be supported, irrespective of the question of contract or tort, under that clause of the Tucker act which vests the court of claims with jurisdiction of 'all claims founded upon the Constitution of the United States or any law of Congress.'
As we had occasion to remark in Dooley v. United States, 182 U.S. 222 -224, 45 L. ed. 1074, 1078, 21 Sup. Ct. Rep. 762, the 1st section of the Tucker act [24 Stat. at L. 505, chap. 359, U. S. Comp. Stat. 1901, p. 752], evidently contemplates four distinct classes of cases: (1) Those founded upon the Constitution or any law of Congress, with an execption of pension cases; (2) cases founded upon a regulation of an Executive Department; (3) cases of contract, express or implied, with the government ; (4) actions for damages, liquidated or unliquidated, in cases not sounding in tort. The words 'not sounding in tort' are in terms referable only to the fourth class of cases.
In my view, claims founded upon the Constitution may be prosecuted in the court of claims, whether sounding in contract or in tort; and wherever the United States may take proceedings in eminent domain for the condemnation of lands for public use, the owner of such lands may seek relief in the court of claims if his lands be taken without such proceedings, whether such taking be tortious or by virtue of some contract, express or implied, to that effect. That the case under consideration is one of that class is made clear by the act of April 24, 1888 (25 Stat. at L. 94, chap. 194, U. S. Comp. Stat. 1901, p. 3525), which enacts 'that the Secretary of War may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right of way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the states wherein the proceedings may be instituted.'
I fully concur in the opinion of the court that 'the government may take real estate for a postoffice, a courthouse, a fortification, or a highway, or in time of war it may take merchant vessels and make them part of its naval force,' but this cannot [188 U.S. 445, 476] be 'done without an obligation to pay for the value of that which is so taken and appropriated.' I am also of opinion that whenever in the exercise of its governmental rights it takes property the ownership of which it concedes to be in an individual, it is bound to pay therefor, but I do not think that there is any distinction between eases where the government impliedly promises to pay by taking property with the assent of the owner, and those where it takes property forcibly and against the will of the owner. It does not seem reasonable to hold that, where the invasion of the owner's right to property is the greater, his remedy for the recovery of its value should be less, and that he should be compelled to resort to the tedious and unsatisfactory method of appealing to the bounty of Congress for relief.
Suppose, for instance, in time of war and under threat of invasion it seizes upon vessels without the consent of the owner and against his protest. There is certainly the same moral obligation to pay for them as if they had been appropriated with his consent, and I see no reason why an action for their value may not be maintained in the court of claims. Yet, as I understand the opinion of the court in this case, it holds indirectly, if not directly, that no such action would lie unless the property were taken with the consent of the owner and under an implied contract to pay for it. The consequences of recognizing such distinctions seem to me so serious that nothing short of clear language in the statute will justify it.
None such is even hinted at in United States v. Russell, 13 Wall. 623, 20 L. ed. 474, one of the earliest cases, wherein the owner of three steamers seized under 'imperative military necessity' sought to recover compensation for their services. These steamers were impressed into the public service and employed as transports for carrying government freight for a certain length of time, when they were returned to the owner. He was held entitled to recover, the court holding that 'extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity, in time of war, or of immediate and impending public danger, in which private property may be impressed into the public service, or may be seized and appropriated to the public [188 U.S. 445, 477] use, or may be even destroyed without the consent of the owner.' The case followed that of Mitchell v. Harmony, 13 How. 115, 14 L. ed. 75, and was distinguished from that of Filor v. United States, 9 Wall. 45, 19 L. ed. 549.
While the cases reported prior to 131 U. S. are based upon the original court of claims act, which limited the jurisdiction of that court to 'claims founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the government of the United States,' and are therefore not strictly pertinent under the Tucker act, that of the Great Falls Mfg. Co. 112 U.S. 645 , 28 L. ed. 846, 5 Sup. Ct. Rep. 306, is almost exactly in point, and is strongly corroborative of the position here taken. This was a claim for land taken at the Great Falls of the Potomac in the construction of an aqueduct for bringing water to Washington. Proceedings were taken in Maryland for condemnation, which were discontinued, and the government took possession of the land. Whether such possession was taken with or without the consent of the owner does not appear, although there nad been negotiations between the parties. The claimant was held to be entitled to recover upon the ground that the appropriation of the money for the construction of the improvements was equivalent to an express direction by Congress to take this particular property for the objects contemplated by the scheme, and that there was no sound reason why the claimant might not waive any right he might have to an injunction, and elect to regard the action as a taking by the government under its sovereign right of eminent domain, and therefore demand compensation. The case was not put upon the ground that the owner had consented to the taking.
In Langford's Case, 101 U.S. 341 , 25 L. ed. 1010, the action was brought to recover for the use and occupation of certain lands and buildings to which the claimant asserted title, which were seized for the use of the government under claim that they were public property. It was admitted that if the government takes property for public use, acknowledging its ownership to be private or individual, there arises an implied obligation to pay the owner its value; but that it was a different matter when the govern- [188 U.S. 445, 478] ment claimed the property as its own and recognized no superior title. This was also the case in Hill v. United States, 149 U.S. 593 , 37 L. ed. 862, 13 Sup. Ct. Rep. 1011, where the government erected a lighthouse upon submerged land which it claimed as its own. The case was held to be governed by that of Langford.
None of the more recent cases under the Tucker act conflicts with the position here taken: That wherever the United States may proceed to condemn property under its sovereign irght of eminent domain, the owner may maintain a petition in the court of claims to recover its value, in case no such proceedings are taken. That act (24 Stat. at L. 505, chap. 359, U. S. Comp Stat. 1901, p. 752), first introduced among the cognizable claims all such as were founded upon the Constitution of the United States, and also introduced, after the words 'for damages, liquidated or unliquidated,' the words 'in cases not sounding in tort.' Construing this statute, it was held in the Jones Case, 131 U.S. 1 , 33 L. ed. 90, 9 Sup. Ct. Rep. 669, that it did not confer jurisdiction in equity to compel the issue and delivery of a patent for public land; and in Schillinger's Case, 155 U.S. 163 , 39 L. ed. 108, 15 Sup. Ct. Rep. 85, that the owner of a patent which had been infringed by the United States could not recover damages for such infringement in the court of claims, though it would be otherwise if the property had been appropriated with the consent of the patentee and in view of compensation therefor. Although there was in Schillinger's Case an appropriation of the right of a patentee to the monopoly of his invention, the case was nothing more in its essence than the infringement of a patent, and so the action was really one for damages sounding in tort. While it is possible an individual might be able to condemn the patentee's right by proceedings in eminent domain, that remedy would be at least doubtful, when the government sought merely to appropriate so much of it as was necessary for its own use. It would be an unprecedented exercise of the right of eminent domain, and could scarcely be held to be a claim arising under the Constitution. The case was not put upon the ground that it was such a case, but that it was merely an action to recover damages for infringement Said the court: 'It is plainly and solely an action for an infringement' and one sounding in tort. The question whether it was a claim arising under the Constitution was not [188 U.S. 445, 479] considered, except in the dissenting opinion of Mr. Justice Harlan, who said: 'The constitutional obligation cannot be evaded by showing that the original appropriation was without the express direction of the government, nor by simply interposing a denial of the title of the claimant to the property, or property rights alleged to have been appropriated.' If there were any doubt in that case of the power of the government to condemn the right of the patentee by proceedings in eminent domain, there is certainly none such in this case, where the land was taken by the government with no pretense of consent by the owner.
I think it is going too far to hold that the words of the Tucker act, 'not sounding in tort,' must be referred back to the first class of cases, namely, 'those founded upon the Constitution,' and that they should be limited to actions for damages, liquidated or unliquidated, and Hence, the consent of the owner cuts no figure in this case. I freely admit that, if property were seized or taken by officers of the government without authority of law, or subsequent ratification, by taking possession or occupying property for public use, there could be no recovery, since neither the government nor any other principal is bound by the unauthorized acts of its agents. But in endeavoring to raise an implied contract to pay for an ordinary trespass to real estate, I think the opinion of the court misconceives the true source of our jurisdiction.
Mr. Justice Shiras and Mr. Justice Peckham concurred in the above opinion in so far as it holds that the court had jurisdiction on the ground stated therein, as well as upon the ground stated in the opinion of the court.
Mr. Justice White, with whom concurs Mr. Chief Justice Fuller and Mr. Justice Harlan, dissenting:
The court now holds that it has jurisdiction, because, as a [188 U.S. 445, 480] legal conclusion from the findings of fact, it is held that the property of the appellee has been taken for public use by the United States, and the judgment below is affirmed on the merits for the same reason. As, in my opinion, the findings of fact do not support the conclusion that the property has been taken by the United States, I dissent both on the subject of jurisdiction and on the merits.
The findings of fact are in most respects sufficiently reproduced in the opinion of the court, and need not here be set out in full. It results from the findings that the land is situated on the Savannah river; that it is between high and low water mark, and naturally subject to be overflowed, but that it is protected in some measure from overflow by an embankment, and that through this embankment sluices or water ways were placed, by means of which water was let in on the land for irrigation in the cultivation of rice, and was drawn off when the land was required to be drained in order to carry on the same culture. This was done by gates in the sluices, which were opened to allow the water to flow through the water ways to the inner side of the embankment and thus flood the land when it was requisite to do so, and by opening the gates at low tide to allow the water to flow off when it was required to drain the land. As the exact situation of the water ways through the embankment is important, I reproduce the statement on the subject contained in the findings:
It is now decided that there has been a taking of the property by the United States, because it is thought that the findings establish that the obstructions placed by the government [188 U.S. 445, 481] in the bed of the river at a point lower down the stream than is the plantation, for the purpose of improving the navigation of the river, have so raised the water as to cause it to flow over the embankment at the plantation and flood the same, thus destroying its value. On this subject the court says: 'Findings IX. and X. show that both by seepage and percolation through the embankment and the actual flowing upon the plantation above the obstructions, the water has been raised in the plantain above 18 inches,' etc. Whilst it is not disputable that the findings show a percolation through the embankment, I can discover nothing in them supporting the conclusion that the obstructions placed by the government in the bed of the river below the point where the plantation is situated have caused the water in the river to go over the embankment at the plantation and flood the land. On the contrary, to me it seems that the findings necessitate the conclusion that the permanent damage which the property has suffered arises solely from the fact that the drainage of the plantation into the river has been rendered impossible. And this because the work done by the government has resulted in raising the mean low tide about 12 to 15 inches, so as to cause the water in the river at mean low tide to be above the point of discharge of the water ways, thus rendering drainage through them no longer possible. There may be a wide legal difference arising from damage consequent on an interference with the drainage of property situated, as this is, by work done by the government in the improvement of navigation, and damage caused by the actual flooding of such property resulting from such work. To determine whether the findings show an actual flowing, or a mere injury to drainage, findings VIII., IX., and X. need to be considered. Let us see whether they give support to the claim of actual flooding by an overflow of the embankment at the plantation. Finding VIII. says:
Certainly there is nothing in this finding supporting the inference that the government work has caused the river to overflow the plantation embankment. Finding IX. says:
Here, then, is the statement that the effect resulting from the government work was simply to raise the mean low-water mark as previously existing, so as to cause it to cover the water ways which were-as declared by the previous finding-a little less than a foot above the former low- water mark. The finding continues:
This but declares that because the mean low state of the water had been raised by the government work so as to cause it to be about 8 inches above the mouth of the water ways and to rest against the embankment about 18 inches, that percolation took place and the drainage was destroyed, the result of the loss of drainage being to render the plantation a bog and no longer suitable for the cultivation of rice. It is submitted nothing in the findings hitherto referred to even in- [188 U.S. 445, 483] timates that the effect of the work of the government caused the water to flow over the embankment and flood the plantation. On the contrary, the very opposite is the result of the findings.
Let me next consider the 10th finding. It reads as follows:
Now, the flowing described here can only relate to the seepage and percolation referred to in the previous finding. The words 'above the obstructions' relate, not to the embankment on the plantation, but to the obstructions put in the bed of the river by the government below the point where the plantation is situated; and, therefore, what the finding means is that above this obstruction the water is caused to flow back against, not over, the embankment, as described in the previous finding. And this finding shows besides that it was the impossibility of removing the water which percolated or was the result of rain fall-in other words, the injury to the drainage-which was the cause of the damage.
Thus, eliminating all question of the flooding of the land by the overflow of the embankment, the question for decision is this: When a plantation or a portion thereof is situated on the bank of a navigable river, below high-water mark, and because of such situation is dependent for its profitable operation upon drainage into the river at mean low tide, does the United States appropriate the property by the simple fact that in improving the navigation of the river it raises the mean low tide slightly above the height where it was wont theretofore to be, and by reason of which the drainage of the land below high-water mark is destroyed? It seems to me to state this question is to answer it in the negative. The owner of the land situated below high-water mark acquired no easement or servitude in the bed of the river by the construction of an embankment along [188 U.S. 445, 484] the margin of his land at the river below high water, by which he could forever exact that the level of the water within the natural banks of the river could never be changed without his consent, and thus deprive the United States of its control over the improvement of navigable rivers conferred by the Constitution. If damage by the loss of drainage into the river at mean low tide of land so situated was caused by the lawful exercise by the United States of its power to improve navigation it was damnum absque injuria, and redress must be sought at the hands of Congress, and cannot be judicially afforded by a ruling that a damage so resulting constitutes a taking of the property by the United States, and creates an implied contract to pay the value of the property. Such a doctrine is directly-as I see it-in conflict with the decisions of this court in Gibson v. United States, 166 U.S. 269 , 41 L. ed. 996, 17 Sup. Ct. Rep. 578, and Scranton v. Wheeler, 179 U.S. 141 , 45 L. ed. 126, 21 Sup. Ct. Rep. 48. The far-reaching consequence of the doctrine now announced cannot be overestimated.
But even under the hypothesis that the government work caused the land to be overflowed by raising the water above the embankment, I do not conceive that there would be a taking, even in that case, of the property, for a remedy would be easily afforded for any permanent injury to the land by raising the embankment. The quantum of damages would thus not be the value of the property, but the mere cost of increasing the height of the embankment so as to prevent the water from flowing over it. The fact, then, that a taking is now held to exist, and therefore the United States is compelled to pay the value of the entire property, submits the United States, in the exercise of a power conferred upon it by the Constitution, to a rule which no individual would be subjected to in a controversy between private parties. Nor is this answered by the suggestion that there is a taking because the paying by the United States of the sum of money necessary to raise the level of the embankment so as to prevent the overflow would not compensate the owner, as the property would still be worthless because of the want of drainage. To so suggest is but to admit that the damage complained of results from the inability to drain the land, which, for the reasons already pointed out does not, in my opinion, constitute a taking. [188 U.S. 445, 485] Indeed, the reasoning hitnerto indicated as to the assumed overflow of the embankment is equally apposite to the damage by loss of drainage. For injury to the drainage the remedy would be readily afforded by, if possible, draining the plantation elsewhere than into the river, or by resort to the pumping appliances necessary to lift out the water accumulating from rainfall or percolation. The cost of doing these things would then be the measure of damages. That a resort to these simple expedients is unavailing as to this particular property because of its being situated below high-water mark does not, I submit, show that the government has taken the property for public use, but simply establishes thst the property is so situated that it is subjected to a loss necessarily arising from the fact that it is below high-water mark and therefore absolutely dependent for its drainage on the right of the owner to exact that the mean low tide of the river should be forever unchanged. As the right to so exact does not exist, the loss of drainage does not constitute an appropriation of the property by the United States, and is but the result of the natural situation of the land. If equities exist, Congress is alone capable of providing for them.
I am authorized to say that the Chief Justice and Mr. Justice Harlan concur in this dissent.
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Citation: 188 U.S. 445
Docket No: No. 45
Argued: January 09, 1903
Decided: February 23, 1903
Court: United States Supreme Court
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Tag Archives: orange juice
Oven Fried Crispy Asian Style Chicken Wings
My family loves fried chicken wings. But I don't like to fry. Pan fry, maybe but Deep Fry – not soView full post »
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In its 114th year, Billboard remains the world's premier weekly music publication and a diverse digital, events, brand, content and data licensing platform. Billboard publishes the most trusted charts and offers unrivaled reporting about the latest music, video, gaming, media, digital and mobile entertainment issues and trends.
Términos y frases comunes
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text: When She Woke is a riff on The Scarlet Letter. What similarities do you see in Jordan's near-future America and Hawthorne's late-seventeenth-century Boston? Is Hannah Payne a faithful reimagining of Hester Prynne, or do the two characters differ in important ways? Why do you think Jordan chose The Scarlet Letter as a jumping-off point for her story?


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(Salt Lake City, UT) – As thousands of Utahns head to the mountains and deserts for off-highway vehicle (OHV) recreation this summer, Utah State Parks and the Utah Department of Health (UDOH) are reminding riders to "know before you go" by obeying Utah laws and wearing a helmet.
UDOH data show that in 2010, more than 1,800 Utahns were treated in the emergency department or hospitalized for OHV-related injuries and 20 died. OHVs include all-terrain vehicles (ATVs), off-road motorcycles, and snowmobiles. OHV crashes are also a leading cause of traumatic brain injuries (TBIs) in Utah.
Jenny Johnson, spokesperson for the UDOH Violence and Injury Prevention Program, stresses the importance of staying within your riding limits. "We want Utahns to get out and enjoy our beautiful recreation areas. But remember, OHVs aren't toys. When handled improperly or beyond the driving abilities of the operator or manufacturer specifications, they can be deadly."
Operators between the ages of eight and 15 are required by law to take an OHV Safety Education class approved by Utah State Parks and Recreation and obtain their Utah OHV Safety Education Certificate before operating OHVs. It is illegal for any child under age eight to operate an OHV on public land. Drivers 16 years of age and older must have a valid driver's license to operate one.
"More than 50,000 Utahns have taken the OHV Safety Education classes. They are an invaluable teaching tool for young drivers and their parents," said Chris Haller, OHV Program Manager for Utah State Parks and Recreation. The classes focus on safety, handling, maintenance, and riding etiquette. Online OHV safety education courses are available at
Helmets with at least a U.S. Department of Transportation-approved safety rating for motorized use are required for all OHV operators and passengers under the age of 18.
"A helmet is always a must," said Reed Embley, President of the Northern Utah ATV Trail Riders. "As a former EMT, I know how devastating head injuries can be. When you ignore safety, the outcome will usually not be pleasant. A small, almost inconsequential accident can change your life forever."
UDOH and State Parks officials recommend the following when enjoying OHVs:
· Always wear a helmet and other safety gear. Other safety gear includes goggles or a face shield, long sleeves, long pants, gloves, and boots that cover the ankles.
· Ride a machine that is the right size for you. Children should only ride OHVs that the manufacturer indicates are appropriate for their age and size. Riding a machine that is too big or too small is a major cause of crashes. Riders should be able to straddle the machine with a slight bend in the knees while both feet are on the footrests. Riders should be able to reach the controls while turning.
· Always ride in control. Never attempt anything that is beyond your skill level or machine capability.
· Only carry passengers if an OHV is specifically designed for it. Off-road motorcycles and most ATVs are designed to be ridden by only one person.
· Don't drive or ride on an OHV while under the influence of drugs or alcohol.
For more safety tips, information on trails and riding conditions, and OHV Safety Education classes, contact the Utah Division of State Parks and Recreation OHV Program at 801-538-RIDE or visit http://www.stateparks.utah.gov/ohv.
Media Contacts:
Jenny Johnson, UDOH
(o) 801-538-9416 (m) 801-298-1569
Chris Haller
Utah State Parks and Recreation
(o) 801-349-0487


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(For our current challenge, please go here.)
It's another fun Saturday at Send a Smile 4 Kids because we get to make 5 lucky and talented participants in our For the Girls challenge very happy! But first we are thrilled to be introducing our newest member of TEAM S.A.S! Krafty Karen has been a participant in many of our challenges and her beautiful cards have been chosen as part of our top three. She has also sent in her lovely cards for our kids inpatient in children's hospitals. Here is what Karen shared to introduce herself to all of us:
Hello Everyone,
I'm Karen from England and I am 40 years old (newly!! Lol..) I began card making a little over 6 years ago - and I live, breath, and sleep colouring! Smiles. I like all kinds of medium but my all out (most used) favourite is most definitely my Copics!! I am a stay at home Mum of five but only four are still living at home with me now. I have a very understanding husband so I am very, very lucky as far as my addiction (ooops! Sorry!) HOBBY goes.. Hehehe. I feel so very excited to be joining the team at SAS4Kids - I have been in awe of all that they do for so very long now. And it's just so fantastic that I'm going to be a part of it. Smiles.
Hugs & HaPPy Crafting!
Welcome Krafty Karen!! Please visit Karen's blog to congratulate her and check out her amazing cards. Here is a card that showcases her talent and illustrates why we are so thrilled to have Karen on our team:
Now onto more fun stuff! We have three lucky winners of our sponsor prizes and we are also announcing our Top Three. First up is the sponsor prizes where the winners are drawn randomly. The lucky winner of the 8 digis from Mayzy Art is #6 Kevin! And the winner of the $5 gift certificate from Sassy Cheryl's is #67 Rina F. ! SCACD's lucky winner of a $20 gift certificate is #7 Kelly Rae! Congratulations to the lucky winners! Please grab your winner's blog badge from the side of the blog and send me an email at email@example.com and I will put you in touch with the sponsor to claim your prize.
Now for our Top Three as chosen by TEAM S.A.S. in no particular order. Remember to see any of the winner's blogs or our sponsor's websites, just click on their names.
Now for our Top Three as chosen by TEAM S.A.S. in no particular order. Remember to see any of the winner's blogs or our sponsor's websites, just click on their names.
Top Three Card by Linda P.
Top Three Card by Ivonne
Top Three Card by Cris
What awesome cards for kids! Thanks for sharing your talents with us this week ladies, and be sure to grab our Top Three blog badge to put on your blog with pride. If you would like to join us as a guest design team member on a future challenge, just send me an email at firstname.lastname@example.com.
Remember you have until Friday August 31st at noon CST to enter our current challenge, Anything Goes 4Kids for a chance at some great sponsor prizes and/or the top three. It is not required that you donate your card after entering, but our kids in the eight children's hospitals we currently serve would sure love it if you did. For all the info you need to know before donating your card(s), just click on the tabs at the top of the blog. Thanks!
Stamping smiles 4 Kids, Karen


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SAN DIEGO -- The NFL fined the San Diego Chargers $20,000 because a member of the equipment staff failed to immediately surrender towels when ordered to do so by a game official against the Denver Broncos on Oct. 15.
The NFL also said in a statement Wednesday that after investigating the Chargers' use of towels that included an adhesive substance, it was determined that San Diego did not violate any rules.
After consulting with the competition committee, the league said it has advised all clubs that the use of towels or other products that contain any type of adhesive substance is prohibited on game days until further notice.
The Chargers said they will appeal the fine.
"It's disappointing to me," coach Norv Turner said. "I think the most important thing, obviously, is that there's a lot of people in this league that were using the towel and certainly it wasn't being done in any way to deceive anybody."
In a statement, the Chargers said they were appealing the fine because their staff member "was unaware that the game official was trying to get his attention and he cooperated fully once he became aware."


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Executive Functions Records in the Hadassah Archives
This record group includes documents created and maintained by the Office of the President, the Office of the Executive Director and the Chair of the Division Coordinators/Directors Committee. Prominent is the Henrietta Szold series, containing correspondence by and to Szold as well as printed materials written by and about her. The files in this record group were created by a national president or executive director, or for their use, or maintained in their office during their years in office. Included are correspondence, minutes, memos, publications, reports and subject files on topics with which these individuals were involved.
Zionist Political History Collection in the Hadassah Archives
The material in this record group was culled from Hadassah's Central Files in Israel in the early 1980s to document Hadassah's role in Zionist history. Originally formed from a Zionist women's study group, the first Hadassah chapter in New York had a strong relationship with the Zionist Organization of America (ZOA; then known as the Federation of American Zionists). The material in this record group documents Hadassah's relationship to the ZOA and to other Zionist organizations in the United States, Europe, and Palestine/Israel, particularly in the years leading up to Israeli statehood in 1948. Other subjects addressed in this record group include the founding of Hadassah; World War II, particularly relating to Jewish emigration and refugees; the founding of the United Nations and the debate over recognition of a Jewish state; the partition of Palestine; and Arab-Jewish relations. Included are articles, clippings, convention resolutions, correspondence, diary extracts, memorandums, minutes, press releases, printed ephemera, publications, reports, and speeches.
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"Walking Dead" star Sarah Wayne Callies comes to Kennedy Theatre
Actress will discuss "Chekhov and Zombies: A Match Made in Heaven"University of Hawaiʻi at Mānoa
Matthew Kelty, (808) 956-2598
Director of Publicity, Kennedy Theatre
Kennedy Theatre Box Office, (808) 956-7655
Director of Publicity, Kennedy Theatre
Kennedy Theatre Box Office, (808) 956-7655
Posted: Nov 27, 2012
Although Kennedy Theatre's "Uncle Vanya and Zombies" has drawn to a close, the University of Hawai'i at Mānoa's Department of Theatre and Dance will host one final event in its undead marathon. On Saturday, Dec. 8 at 7 p.m., film and television actress Sarah Wayne Callies will come to Kennedy Theatre to offer her insights on the zombie phenomenon and its connection to Anton Chekhov.
This public presentation will be presented free of charge. Because seating will be limited, admission to the theatre will be via ticket only. Free admission tickets will be handed out at the Kennedy Theatre box office beginning at 5 p.m. on the day of the event, until tickets run out. Only one ticket will be issued per person.
Callies grew up in Honolulu before attending Dartmouth College, where she majored in Drama and graduated magna cum laude. She received her Master of Fine Arts degree at the National Theatre Conservatory, spending two seasons in principal and understudy roles at the Tony Award–winning Denver Center Theatre Company. Since then, she has appeared in seven feature films, including the recently-wrapped "Black Sky," and over a hundred television episodes. She had a recurring role as Sara Tancredi in the Fox Network's "Prison Break," which was nominated for Emmy, Golden Globe, and Television Critics Association awards, and won Best New Drama at the 2006 People's Choice Awards.
Currently, Callies is known for portraying zombie apocalypse survivor Lori Grimes in AMC's "The Walking Dead," which has also received Emmy and Golden Globe nominations. Currently in its third season, "The Walking Dead" is an adaptation of the comic book series of the same name, and deals with a group of survivors making their way through a zombie-ridden wasteland — similar in many ways to the scenario in director Markus Wessendorf's recent production of "Uncle Vanya and Zombies" at UHM's Kennedy Theatre.
Throughout the semester, Wessendorf has collaborated with various departments within the University of Hawai'i system – as well as the Honolulu Museum of Art's Doris Duke Theatre – to create a series of events exploring zombies in traditional and popular culture. This public talk by Callies is the crowning event, and follows "Uncle Vanya and Zombies" in an attempt to help the community sort through, understand, and appreciate all there is to know about Chekhov, the undead, and contemporary culture's fascination with zombies.
For more information, please visit www.hawaii.edu/kennedy or call the theatre at (808) 956-7655. For disability access, please call the theatre.
For more information, visit: http://hawaii.edu/kennedy/2012/vanya/index.php


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Meaning: fountain of gardens
A town in the plains of Judah (Joshua 15:34), northwest of Jerusalem, between Zanoah and Tappuah. It is the modern Umm Jina.
A city on the border of Machar (Joshua 19:21), allotted to the Gershonite Levites (21:29). It is identified with the modern Jenin, a large and prosperous town of about 4,000 inhabitants, situated 15 miles south of Mount Tabor, through which the road from Jezreel to Samaria and Jerusalem passes. When Ahaziah, king of Judah, attempted to escape from Jehu, he "fled by the way of the garden house" i.e., by way of En-gannim. Here he was overtaken by Jehu and wounded in his chariot, and turned aside and fled to Megiddo, a distance of about 20 miles, to die there.