A.P. Hill

“ Hill City is in the heart of the Black Hills. It has excellent connections with various cities, fishing grounds and places of scenic interest. Sylvan Lake is nine miles distant, Rapid City 20, Deadwood 40, Custer 15 and the Game Lodge 27. Hill City is only a small place, but it is an “up and coming” progressive little town. They believe in advertising, and a few of its citizens are rather farsighted in their attitude toward visitors. The tourist park is not like some of the rest, but it affords shelter and many conveniences. ”

“ We have not been in Hill City long before the “filling station information bureau” tell us that no trip to the Hills is complete without a visit to the Keystone mines and Rushmore Mountain. So, for them we start. Keystone is about ten miles from Hill City. We leave town at the north end, over the railroad tracks, headed due east. The road is very, very winding. It follows the valley of Battle Creek, going up and down over small hills, tributary springs and streams, and around rocks. ”

“ This explanation, I hope, will defend me from so unfair a charge: for indeed no one knows more the narrow limits of human knowledge; or entertains an humbler opinion of the returns of years of application." Nothing could be more proper than this, but against it must be set the opinion of men of his own time, as expressed in the quotation on p. 88, taken from Baker's Biographica Dramatica.
Many estimates of the character of Hill have been put forward, the first of any authority being that of Johnson [32] : "The King then asked him what he thought of Dr Hill. ”

“ Hill, Viscount, British general, born in Shropshire; entered the army at fifteen, served under Sir John Moore, and under the Duke of Wellington in the Peninsula and at Waterloo, where he commanded a division; succeeded Wellington in 1828 as commander-in-chief (1772-1842) .
Hillel, an eminent and influential Jewish Rabbi, born in Babylon about 112 B.C.; devoted his life to the study of the Jewish law, formed a digest of it, and founded a school; was a good and wise man and teacher; died at a great age, 120 years old it is said. ”

“ He received accordingly, in 1636, a grant of two hundred acres, including what was for some time called Alford's Hill, afterwards Long Hill, now known as Cherry Hill. It is owned and occupied by R.P. Waters, Esq. Alford sympathized in religious views with his neighbor Scruggs, and with him was subjected to censure, and disarmed by order of the General Court. He sold his lands to Henry Herrick, and left the jurisdiction.
One of the most enlightened, and perhaps most accomplished, men among the first inhabitants of Salem Village, was Townsend Bishop. He was admitted a freeman in 1635. ”

“ I fear the injustice will be committed nevertheless, Sir James Graham, who generally contrives to have his own way, having made up his mind to the thing with a view, I suspect, to give an appearance of retrenchment in the Admiralty expenditure.”—Ed.
[114] “Report,” p. 4.
[115] Lord Hardwicke would seem to have had a strong dislike to the book-post, to judge from the following entry in Sir R. Hill’s Journal:—
“June 15th, 1853.—Breakfasted with Chevalier Bunsen. He promises to urge on his Government the adoption of the Book-post. He told a characteristic anecdote of Lord Hardwicke. ”

“ Now, no court is better adapted than a court of admiralty to administer precisely such relief. It happens every day that the proceeds of a vessel, or other fund, is brought into that court to be distributed among those whom it may concern. Claimants are called in by monition to present and substantiate their respective claims; and the fund is divided and distributed according to the respective liens and rights of all the parties. Congress might have invested the circuit courts of the United States with jurisdiction of such cases by bill in equity, but it did not. ”

“ A square foot, or a square inch of water, expresses no quantity at all. But when we speak of the quantity which will pass through a square foot, or square inch of aperture, in a certain time, then our words have meaning. The size and position of the aperture so carefully prescribed in the lease were intended merely as a means of measurement of the real thing granted, namely, that certain quantity of water per second, or per hour, which the parties had in mind, and about which they were dealing. ”

“ Cases might occur, it is true, in which the ship-owners could avail themselves of those benefits, by way of defense alone, as where both ship and freight are totally lost, so that the owners are relieved from all liability whatever. But even in that case, in the absence of a remedy by which they could obtain a decree of exemption as to all claimants, they would be liable to a diversity of suits brought, perhaps, in different states, after long periods of time, when the witnesses have been dispersed, and issuing in contrary results before different tribunals ”

“ When cases arise in which the vessel and freight have been totally lost, and no district court has, or can have, possession of any fund to distribute, resort may probably be had with propriety to the district court of the district in which the owners reside, or where the vessel perished. ”

“ He says: 'Ships or vessels of the United States are creatures of the legislation of congress. None can be denominated such, or be entitled to the benefits or privileges thereof, except those registered or enrolled according to the act of September 1, 1789; and those which, after the last day of March, 1793, shall be registered or enrolled in pursuance of the act of thirty-first December, 1792, and must be wholly owned by a citizen or citizens of the United States, and to be commanded by a citizen of the same. ”

“ That ship-owners desiring to claim the benefit of limitation of liability provided for in the third and fourth sections of the act, may file a libel or petition in the proper district court of the United States, setting forth the facts and circumstances on which such limitation of liability is claimed, and praying relief in that behalf ”

“ When a libel for damages is filed, either against the ship in rem or the owners in personam, the latter (whether with or without an answer to the merits) should file a proper petition for an apportionment of the damages according to the statute, and should pay into court (if the vessel or its proceeds is not already there) or give due stipulation for such sum as the court may, by proper inquiry, find to be the amount of the limited liability, or else surrender the ship and freight by assigning them to a trustee in the manner pointed out in the fourth section. ”

“ He could even see Landing City itself on the horizon, a smudge of rusting, corrugated steel shacks, muddy streets, and the small rocket port—a scorched thirty acres or so fenced off with barbed wire.
Karl looked out of the corner of his eye at Hill and felt a vague wave of uneasiness. Hill was a big, thick man wearing the soiled clothes and bristly stubble of a man who was used to living alone and who liked it. But once he took a wife, he would probably have to keep himself in clean clothes and shave every few days. ”

“ Unless some proceeding of this kind were adopted which should bring all the parties interested into one litigation, and all the claimants into concourse for a pro rata distribution of the common fund, it is manifest that in most cases the benefits of the act could never be realized. ”

“ The last clause of the section, excepting from its operation cases in which the fire is caused 'by the design or neglect' of the owners, was probably implied in the English statute without being expressed, as in ours. In all cases of loss by fire, not falling within the exception, the exemption from liability is total. But there is no inconsistency or repugnancy in allowing a partial exemption in cases falling within the third section; that is, cases of loss by fire happening without the privity or knowledge of the owners. ”

“ The large investment of capital made by the appellee in sole reliance on the water-power which the lease secures, with the full knowledge which the appellants had of this reliance and intended investment, renders it necessary that we should look carefully to the substance of the original agreement, of January, 1864, as contradistinguished from its mere form, in order that we may give it a fair and just coustruction, and ascertain the substantial intent of the parties, which is the fundamental rule in the construction of all agreements. ”

“ As the present case raises a question of great importance to the practical and successful working of the law, the decision of which, indeed, will determine whether it is to be of any real value, it will be proper to examine a little the grounds on which, as well the law itself as the proceedings adopted for carrying it into execution, rest for their support. ”

“ If another court may investigate the same questions at the same time, it may come to a conclusion contrary to that of the district court; and if it does, (as happened in this case,) the proceedings in the district court will be thwarted and rendered ineffective to secure to the ship-owners the benefit of the statute. ”

“ Now, in speaking of a certain quantity of water, we always have reference to its cubical contents, its bulk or weight. We mean so many gallons, or hogsheads, or cubic feet of water. We have no reference to surface or sectional measurement. ”

“ Everyone admired Hill in a way, though the suspicion of “mugging” clung to him. But Hill was to find congratulations and Miss Haysman’s enhanced opinion of him, and even the decided decline in the crest of Wedderburn, tainted by an unhappy memory. He felt a remarkable access of energy at first, and the note of a democracy marching to triumph returned to his debating society speeches; he worked at his comparative anatomy with tremendous zeal and effect, and he went on with his æsthetic education. ”

“ But when this was done, and the amount of the confessed liability was paid into court, they were entitled to an injunction against all other suits and proceedings, wherever instituted or pending; and the cause then proceeded in due course, by reference to a master to take the proof of claims and make a report of the facts, and by a final decree of distribution. Under recent English statutes, the high court of admiralty, as well as the court of chancery, is empowered to administer the law, when it has possession of the ship or its proceeds. ”

“ Hill préfère à tous les autres, je veux dire de Mr. Hill lui-même?" [7]
This was the only answer; but it was no answer at all. Hill's object was to expose the absurdities; he therefore collected the absurdities. I feel sure that Hill was a benefactor of the Royal Society; and much more than he would have been if he had softened their errors and enhanced their praises. No reviewer will object to me that I have omitted Young, Laplace, etc. But then my book has a true title. Hill should not have called his a review of the "Works." ”

“ On the sixteenth of October, 1872, default was taken against the plaintiffs in this case, and divers other persons, for failing to appear and present their claims before the district court, according to the monition in that behalf, and a decree was made forever debarring them from presenting, filing, or prosecuting any claims for damages for any loss or injury occasioned by said fire. After the evidence was closed, the defendants asked the court to rule that upon the whole evidence in the case the plaintiff could not maintain its action, and that the jury must find for the defendant ”

“ Such a form gives the greatest head of water above the aperture and increases the discharge. The right of superintending and directing the construction of the works, reserved to the lessors, cannot be construed to restrict this discretion of the lessee. That right has more particular reference to the manner of the construction, and the solidity and safety of the work, in reference to the structure and uses of the canal. It cannot be allowed to annul the substantial rights of the lessee without becoming repugnant to the grant. ”

“ The sunny, pleasant days of spring had come, and the air was balmy and sweet with the perfume of blossoms, making the vagrant soul of Henry Hill sick with wanderlust, and he could hardly wait to put his plans into action.
“Austin, I believe I shall take Lola and Doyle out to your grandmother’s, and try to get work there,” he said one morning at the breakfast-table. “You can stay on here with the other children, and can get along very well if I am gone all summer. It will make it easier for you if I have the little ones.” ”

“ Having done this, the ship-owner will be entitled to a monition against all persons to appear and intervene pro interesse suo, and to an order restraining the prosecution of other suits. If an action should be brought in a state court, the ship-owners should file a libel in admiralty, with a like surrender or deposit of the fund, and either plead the fact in bar in the state court, or procure an order from the district court to restrain the further prosecution of the suit. ”

“ And these defendants, further answering, say that if the plaintiffs have any claim by reason of any injury to said cotton cloth, it cannot be enforced in this action, but can only be enforced in said suit in said district court, and then and there only under and pursuant to said act of congress. And these defendants, further answering, say that said steamer Oceanus was not a canal-boat, barge, or lighter, and was not used in rivers or inland navigation, and that said voyage from Providence to said city of New York was not in rivers or inland navigation ”