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The Americana: a universal reference library, comprising the arts ..., Volume 10 online

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come subject to private entry. Public land for
town site purposes is arranged for (1) by In-
terior Department setting aside suitable area and
selling lots of definite size; (2) by town asso-
ciations, filing plats of 640 acres or less therein.
Town associations failing to file plats, lots may
be sold publicly after 12 months at increase of
50 per cent, on minimum price. The actual oc-
cupant of a town lot may prove up and pre-
empt by time of sale, paying minimum price for
same. Stone and timber lands designated as
unfit for cultivation, within California, Oregon,
Nevada, and Washington, may be purchased by
persons having required civic qualifications as
follows: Affidavit and proof of non-mineral
character and non-speculative purpose required,
and they must be sworn to as for personal use
and benefit. Notice of application to be pub-
lished for 60 days in land-office and nearest
newspaper. Penalties are provided for perjury
or for trespass on timber lands.

The domain is also subject to various land-
grant and bounty laws. These include State
grants for internal improvements, institutions,
common schools, seminaries, and agricultural
colleges; land bounties, naval and military;
canal, wagon, and railway grants; military and
Indian reservations. Under graduation act, land
unentered privately can be sold at public sale
at minimum figures. The public domain area
was acquired by cessions from original States,
259,171,787 acres; by purchase from Spam,

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France, Mexico, Texas, and Russia 1,580,900,-
800 acres; total, 1,840,072,587 acres.

Public lands are surveyed into "hundreds,*
10 miles square: then into "sections,® of 1 mile
square, again subdivided into quarters, and down
to eighths. This is known as the rectangular
system. A general land-office, forming a bureau
of the Interior Department^ is in charge of
land administration. Each State and Territory
has a surveyor-general, and each congressional
district a land-office. In the Territories these are
provided as required. A large portion of the
domain acquired from Mexico still remains sub-
ject to private grants. The land laws of Ha-
waii were drawn up to protect small holders. See
Public Domain. Gorham D. Gilman,

Ex-U. S. Consul to Hawaii

Homicide, homl-sid, is either justifiable,
•excusable, or felonious. Of the first sort are
such cases as arise from unavoidable -necessity
or accident, without any imputation of blame or
negligence in the party killing. So where a
crime is punishable capitally according to the
laws, the judge is bound to condemn the crim-
inal to death, and the sheriff or other executive
officer to carry the sentence into effect in the
manner prescribed by the sentence of condem-
nation. But the judge must have jurisdiction
<»f the offense, and be duly commissioned; and
the executive officer must be empowered to
carry the sentence into effect, and must per-
form the execution in the manner prescribed by
law, otherwise the execution of the criminal will
make the judge or the officer, as the case may
i>e, guilty of criminal homicide. So, too, where
an officer of justice is resisted in the execution
of his office, in his attempt to arrest a person in
a criminal, or, as is maintained, even in a civil
cise, he is not obliged to give back, but may
lvpel force with force; and if the person re-
sisting is unavoidably killed, the homicide is jus-
tifiable, for few men would quietly submit to
arrest if, in case of resistance, the officer was
obliged to give back. It is, however, laid down
as law that if a felony be committed, and the
felon attempts to flee from justice, it is the duty
of every private citizen to use his best endeavors
to prevent an escape, and if in the fresh pursuit
the party be killed where he cannot be taken
alive, it will be deemed a justifiable homicide.
The same rule applies to cases of an attempt
on the part of a felon to break away and escape
after he has been arrested, and is on the way
to jail. So if a party has been indicted for fel-
ony, and will not permit himself to be arrested,
the officer having a warrant for his arrest may
lawfully kill him if he cannot be taken alive.
But this is to be understood only of officers, and
not of private persons. Magistrates and offi-
cers authorized to suppress and disperse mobs
are justified by the common law in taking the
requisite measures and using the requisite force
for this purpose, though it extend to the killing
of some of the rioters. The law arms every
private citizen in the community with the power
of life and death for the prevention of atrocious
felonies accompanied with violence and person-
al danger to others, as in case of an attempt
to murder or rob, or commit burglary or arson,
the person making the attempt may, by the
common law, if he cannot be otherwise pre-
-vented, be killed on the spot, and the law will

not recognize the act as a crime. In cases of
this sort, in order to justify the homicide, it
must appear that there were good grounds for
a suspicion that the person killed had a feloni-
ous intent A woman is justifiable in killing one
who attempts to ravish her, and the husband
or father may be justified in killing a man who
attempts a rape on his wife or daughter.

The cases already mentioned of justifiable
homicide are those in which the public authority
and laws are directly concerned. The laws of
society, however, leave every individual a portion
of that right of personal defense with which he
is invested by those of nature. If one may in-
terpose to prevent an atrocious crime against
society, where he is not himself in any personal
danger, the # laws will, a fortiori, permit him
to defend himself against attacks upon his own
person. Murder is the killing of a person who
is under the protection of the laws, with malice
prepense, either express or implied. Malice is
the distinguishing characteristic of murder, and
may be either aforethought, or expressed, or im-
plied. It is not necessary in order to consti-
tute the crime of murder that the slayer should
have the direct intention of killing. If the act
be done with a wicked, depraved, malignant
spirit, a heart regardless of social duty, and de-
liberately bent upon mischief, it is characterized
by what the law denominates malice, though it
may not result from any enmity or grudge
against the particular victim. So if a man wan-
tonly discharges a gun among a multitude of
people, whereby any one is killed, the act will
be done with that depravity of disposition which
the law considers malice. Murder can be com-
mitted only by a free agent, for the crime pre-
supposes a will, motive, or disposition on the
part of the perpetrator. An idiot or insane per-
son cannot commit this crime. But drunkenness
is in general no excuse for homicide, though the
act be done under its immediate influence.

The manner of killing is not material.
Whether it be by sword, poison, beating, im-
prisonment, starvation, or exposure to the in-
clemency of the atmosphere, it will be equally
murder. This crime may be committed by mere
advice and encouragement. An infant unborn
is within the protection of the law, and it is
laid down that if, in consequence of poison given
or wounds inflicted before the birth of a child
which is afterward born alive, it dies soon after
its birth, the act is murder. The act of suicide
is considered by the law to be murder, and the
person making away with himself is accordingly
styled a a self-felon.»

The lines of distinction between felonious and
excusable or justifiable homicide, and between
manslaughter and murder, are in many cases
difficult to define with precision. But in general
the accused has the advantage of any uncer-
tainty or obscurity that may hang over his case,
since the presumptions of law are usually in his
favor. The characteristic distinction laid down
in the books between murder and manslaughter
is the absence of malice in the latter. Sudden
provocation may be an excuse for striking an-
other without the intention to give a deadly
blow; and though death ensue, the party may
not be guilty of murder. One circumstance,
showing the degree of malice, or rather showing
its presence or absence, is the kind of weapon

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used in giving a wound on a sudden provocation ;
and another circumstance of importance is the
fact of the weapon's being already in the hand
or not, for going to seek a weapon gives time
for deliberation. The ground of excuse of hom-
icide, in case of provocation merely, is the sup-
posed sudden passion, some influence of which
the law concedes to the frailty of human nature.
But the excuse of self-defense goes still further ;
and where a man is attacked, so that his own
life is endangered, or in such way that he may
reasonably suppose it to be so, he may repel the
attack with mortal weapons. One of the most
frequent cases of manslaughter was that oc-
casioned by single combat, and on account of
the firm hold which the point of honor had taken
of European nations, was long among the most
difficult subjects of legislation. (See Duel.)
The crime of murder in its most aggravated de-
gree is punished with death in most parts of
the civilized world.

Homily (Greek, homilia, intercourse)", as
an ecclesiastical term, a discourse addressed to
an audience on some subject of religion. The
homily was so called to distinguish it from the
speeches of profane orators. The ancient hom-
ily was sometimes simply a conversation, the
prelate talking to the people and interrogating
them, and they in turn talking to and interro-
gating him. The difference between the homily
and the sermon was the entire absence of orator-
ical display from the former, and the elucidation
of the Scriptural text in natural order, without
throwing the exposition into the form of an

The earliest existing examples of the hom-
ily proper are those of Origen in the 3d cen-
tury. In the schools of Alexandria and Antioch
this form of discourse was sedulously cultivated,
and Cement of Alexandria, Dionysius, and
Gregory Thaumaturgus are among the names
most eminent in this department. Augustine
and Gregory the Great were among the western
composers of homilies. Later still Bede, several
of the popes, and foreign ecclesiastics still ad-
hered to the homiletic form of exposition as the
most suitable to impress the truths of Scripture
with efficacy on the popular mind.

In the Church of England there were two
books of homilies that were long authoritative,
and are still sometimes appealed to to settle
disputes as to what the Anglican doctrine is in
points on which they bear.

Homing-pigeon, a variety of the common
pigeon in which the love of home and power
of flight have been developed to make the bird
useful and reliable as a bearer of messages ;
also a fancy variety characterized by the
possession of certain definite points, but not
necessarily useful as a homer. The show car-
rier-pigeon is a large, long-necked variety, with
abnormally developed wattles about the base of
the beak and round the eyes, but the true homer
is of smaller size, and lacks the enormous tu-
berculated growth.

The training and breeding of homing-pig-
eons were long almost confined to Belgium, ajid
two main types of the Belgian homer have been
distinguished as the Antwerp and the Liege va-
rieties, the former being larger but less graceful
in form than the latter. American pigeon fan-

ciers breed mainly from the Antwerp type, and
the birds are commonly designated Antwerps.

The training of a homing-pigeon begins when
it is about three months old. It may then be
taken to a distance of about a mile from its
loft in a suitable direction and liberated in order
that it may fly back. After an interval of a
day or two it should be carried three miles from
home in the same direction and set free, and on
the third occasion, a few days later still, the
distance is usually increased to six miles. This
mode of training is continued steadily during the
season, the successive distances above those
already mentioned being 12, 25, 50, 75, 96, 125,.
155, and 200 miles. The intervals of rest must
be carefully preserved, especially in times when
the weather is unfavorable. During the bird's
second season it is made to repeat something of
its first year's performances and to extend its
flight to 250 miles or possibly to a greater dis-
tance. During the following three seasons good
birds will be at their best, and even for some
few years later they may do good work. Dur-
ing the training period and also at other times
the housing and feeding of the birds must be
carefully attended to.

Velocities of over 30 yards per second have
been recorded for various pigeons, but the aver-
age velocity is rather less than half that amount.
One bird, in 1896, actually covered the distance
from Thurso to London, just over 500 miles,
within one day, its average velocity being about
24 yards per second. In unfavorable weather
the height attained varies from about 320 to
rather over 400 feet, but in good weather some
birds will reach a height of about 1,000 feet
The distance from Algiers to Paris, fully 1,100
miles, is one of the longest on record as hav-
ing been traveled by a pigeon.

There has been much discussion regarding
the means by which pigeons return to their
homes over such long distances. Untrained
birds often fail to return, and during training
young birds are often lost.

Many instances are recorded of the employ-
ment of pigeon messengers by ancient peoples.
During the first half of the 19th century pigeons
were widely used in Great Britain for the rapid
communication of intelligence, and in particular
many stockbrokers obtained early information
of the state of the markets by this means.
The introduction of the electric telegraph, how-
ever, soon led to the complete disuse of the
pigeon post The siege of Paris during the
Franco-German war of 1870-1 first brought the
carrier-pigeon into prominent notice as a val-
uable means of communication in time of war.
During that siege more than 350 birds were
sent out of the city in balloons, and of these
some 300 were liberated with messages. Only
some 70 returns were made, and these were
effected by 57 birds. By the adoption of micro-
photography the space occupied by a message
was so reduced that a single pigeon could carry
a very large number of messages without hav-
ing its movements hampered in the least. One
of the pigeons that succeeded in returning to
Paris carried no less than 40,000 messages on
eighteen collodion films which were enclosed in
a goose-quill attached to the tail. Since that
time the leading Continental powers have estab-
lished elaborate pigeon systems for use in time of

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war. During the war with Spain, in 1898, the
fleet of vessels that patrolled the Atlantic coast
was supplied with a number of carrier-pigeons'
cotes, but happily there was no occasion for test-
ing their effectiveness, though in times of peace
messages are frequently successfully carried from
war vessels to points on the shore. Consult
books mentioned under Pigeons.

Hominidae, ho-mtnl-de, the family to
which man was assigned in the earlier systems
of animal classification; but many modern zo-
ologists refuse him so great a distinction, mak-
ing man, zoologically considered, only a species
(Homo sapiens) of a genus of the family Si-
miidte, which also includes the genera of the
anthropoid apes. See Man.

Homoeopathy (Greek 4«o«of, like, and
vtLBos, suffering or disease). The term sig-
nifies similar affection, passion, suffering or dis-
ease. As employed in Medicine, and as under-
stood by Hahnemann and physicians of the
homoeopathic school, it is properly defined
as follows: (1) The treatment of disease
by means of its similimum; (2) treatment
of disease by a medicine capable of caus-
ing, in a healthy person, symptoms sim-
ilar to those manifested by the patient This
definition can refer only to the symptoms pro-
ducible by the drug, and the symptoms ex-
hibited by the patient. It makes no direct ref-
erence to the name or type of the disease, nor to
the type or class of the drug administered, nor
to the size or strength of the dose. Neverthe-
less, homoeopathy does hold important incidental
relationship to the classification of drugs, to
the facts and principles of dosage, and to diag-
nosis and all other departments of pathology.
Under this definition, the experimental applica-
tion of homoeopathy requires that the drug shall
cover the tout ensemble — or, as Hahnemann
expresses it, the "totality* of the symptoms as
exhibited by the patient ; and not merely one, or
a few, of the dominant or diagnostic symptoms
or conditions. Neither does it imply that the
homoeopathic remedy can overcome any and all
the adverse conditions and circumstances under
which it may be administered.

As a system of medical practice, Homoeopathy
recognizes this principle of similarity as be-
tween the symptoms of the* curative drug and
the symptoms appearing in the patient. In this
form of practice, the symptoms exhibited by the
patient are carefully ascertained and studied
with reference to their significance and relations,
and these furnish the indications upon which the
selection of the "similar remedy* is then made
with equal care. Whether the object of the
prescriber be immediate and complete restora-
tion to health in a curable case, or mere allevia-
tion of suffering in a case not curable, the same
course is pursued; since, in the experience of
the profession, the similimum possesses peculiar
efficacy in either class of cases.

In homoeopathic practice, the finding of the
curative remedy is of first importance, as a
matter of course. But, the diagnosis of the
case is a most urgent consideration, because it
materially aids the physician in his quest for
the "totality* of the symptoms, suggests his
general management of the case, prompts the
sanitary precautions to be taken, guides him in
his prognosis, etc. Moreover, it sometimes calls

to his mind a group of medicines among which
the curative similimum will probably be dis-
covered, and in this indirect^ way may assist in
the medical treatment Yet is must be distinct-
ly understood that in homoeopathic prescribing,
tne final choice of the remedy is always made,
not by the name of the disease, nor even by the
symptoms usually present in the disease, but
only by those occurring in the individual pa-
tient Pathology, both structural and functional,
is also a subject of careful research in connec-
tion with homoeopathic practice, as under other
systems ; but never for the purpose of formulat-
ing "theories* of the nature of the disease, on
which to base treatment

In common with all other modern "schools*
of physicians, homoeopath is ts hold that when-
ever the originating or "exciting* cause of the
disease can be discovered, it should be removed
if possible; and they claim that when this is
done the disease will often disappear spontane-
ously. When the disease does not so disappear
after removal of the cause which* had apparently
produced it, homoeopathic physicians are con-
vinced that some other ("maintaining*) cause
has been developed. In most cases this perpet-
uating cause is occult and its nature altogether
undiscoverable. They also hold the view that
if this latter cause be removed, the continuance
of the malady is inconceivable. Equally incred-
ible is it that the disease can be actually "cured*
so long as the cause remains operative; if it
could be, it would be immediately reproduced;
unless meantime the bodily susceptibility to the
disease were also removed. Hence, the homoeo-
pathic profession does not concede a "cure* in
any case in which the operative cause remains
active, and therefore, in the view of these prac-
titioners, the word "cure* has a much narrower
meaning, and actual cures are accomplished much
less frequently than is generally supposed; the
majority of such so-called cures being merely
recoveries — recoveries facilitated, or perhaps
made possible, by the skilful efforts of the med-
ical practitioner — but recoveries nevertheless.

Under this view, that the disease has a cen-
tral morbific cause, it is impossible that homoe-
opathists can accept the opinion that the malady
can be cured by the mere lopping off of one or
a few of its principal symptoms, or of its promi-
nent pathological processes or conditions. How,
then, do homoeopathists explain their ability to
reach with their remedies the perpetuating or
"maintaining* cause of disease, conceding, as
they do, their inability to determine its nature,
or even its location ?

Starting out with the accepted principle that
"like causes operating under like conditions pro-
duce like effects,* the homoeopath ist assumes the
converse of the proposition to be likewise true;
namely, that like results appearing under like
conditions and circumstances, indicate the opera-
tion of like causes. When two patients in sim-
ilar conditions of health manifest similar morbid
symptoms, the phenomenon is, by all patholo-
gists, considered as indicating the operation of
causes in corresponding portions of the two or-
ganisms, and acting in a similar manner. This
view is not peculiar to any medical school, but
is held by all physicians alike. To this doctrine,
the homoeopatnist adds the belief that it also ap-
plies to the effects of drugs, as well as to those
of natural (?) diseases; and that when similar

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morbid manifestations result, in one case from
disease and in the other from the effects of a
drug, the phenomenon still indicates a physiolog-
ical or (pathological) cause operating in a sim-
ilar part or parts of the organisms involved, and
operating in a similar manner in both. So much
as to the locality of the cause — the "seat of the
disease," upon which the "similar* drug acts.
What of the manner in which it acts?

It was long ago shown by Hahnemann and
others that the effects of almost any drug upon
the human body are of two kinds, primary and
secondary, direct action and reaction; and that
these two actions are, in a measure, the opposite,
one of the other. This view has been advocated
by numerous physicians, not always of the
homoeopathic school. Of late years the phe-
nomenon has attracted more attention from med-
ical writers than formerly, and is generally
spoken of as "the dual action of drugs? To
illustrate : a drug may first stimulate, and after-
ward depress, a certain organ of function. An-
other may first depress and then stimulate; and
the symptoms will, of course, take their character
from the action or reaction of the drug. Some
homceopathists are of opinion that this dual
quality of drug action is the proper explanation
of the curative potency of the similimum. Oth-
ers, Hahnemann included, explain it on other
grounds. Others consider it likely that the dif-
ferent effects of large and small doses — a fact
observed by many practitioners — may account
for the cures made by the similar remedy. All
homceopathists agree, however, that the ques-
tion turns upon the curative fact, and not upon
its explanation; and hold that one and all of
these explanations may yet prove to be errone-
ous; yet firmly convinced that the main fact
will remain unaffected through all changes in
theory and doctrine.

Homoeopathy, like any other principle or art,
has its own particular field of application and
operation. Thus it does not cure directly, a
mechanical injury to the tissues, or any impair-
ment wrought by chemical means; though it
does cure the functional diseases and disorders
caused by the irritation of such injuries. The
homoeopathic remedy acts directly only upon
function. It never alters a structure except by
first modifying a function. Nor does a drug
ever act homoeopathically upon a function unless
that function be disordered. When a drug acts
on a healthy function, or when it causes dis-
order in a function, such action is never homoe-
opathic, whatever may be the mode of its selec-
tion and whatever the form or quantity in which
it is administered. The homoeopathic medicine
is a specific-restorative-stimulant, only and
always. Such, in brief, is an exposition of
homoeopathic belief and practice, and of its un-
derlying principles and doctrines as taught by
Hahnemann and held by the profession as a

Online LibraryWilfrid RichmondThe Americana: a universal reference library, comprising the arts ..., Volume 10 → online text (page 173 of 185)