MISCELLANEA

If the "Great Star-Catalogue Case" is not surrounded with such mystery

as would entitle it to a place among _causes celebres_, it may well

be so classed on account of the novelty of the questions at issue.

It affords an instructive example of the possibility of cases in

which strict justice cannot be done through the established forms

of legal procedure. It is also of scientific interest because,

although the question was a novel one to come before a court, it

belongs to a class which every leader in scientific investigation

must constantly encounter in meting out due credit to his assistants.

The plaintiff, Christian H. F. Peters, was a Dane by birth, and

graduated at the University of Berlin in 1836. During the earlier

years of his manhood he was engaged in the trigonometrical survey

of the kingdom of Naples, where, for a time, he had charge of an

observatory or some other astronomical station. It is said that, like

many other able European youth of the period, he was implicated in

the revolution of 1848, and had to flee the kingdom in consequence.

Five years later, he came to the United States. Here his first

patron was Dr. B. A. Gould, who procured for him first a position

on the Coast Survey, and then one as his assistant at the Dudley

Observatory in Albany. He was soon afterward appointed professor

of astronomy and director of the Litchfield Observatory at Hamilton

College, where he spent the remaining thirty years of his life.

He was a man of great learning, not only in subjects pertaining

to astronomy, but in ancient and modern languages. The means at

his disposal were naturally of the slenderest kind; but he was the

discoverer of some forty asteroids, and devoted himself to various

astronomical works and researches with great ability.

Of his personality it may be said that it was extremely agreeable so

long as no important differences arose. What it would be in such a

case can be judged by what follows. Those traits of character which

in men like him may be smoothed down to a greater or less extent

by marital discipline were, in the absence of any such agency,

maintained in all their strength to his latest years.

The defendant, Charles A. Borst, was a graduate of the college and had

been a favorite pupil of Peters. He was a man of extraordinary energy

and working capacity, ready to take hold in a business-like way of

any problem presented to him, but not an adept at making problems for

himself. His power of assimilating learning was unusually developed;

and this, combined with orderly business habits, made him a most

effective and valuable assistant. The terms of his employment were

of the first importance in the case. Mr. Litchfield of New York was

the patron of the observatory; he had given the trustees of Hamilton

College a capital for its support, which sufficed to pay the small

salary of the director and some current expenses, and he also, when

the latter needed an assistant, made provision for his employment.

It appears that, in the case of Borst, Peters frequently paid his

salary for considerable periods at a time, which sums were afterward

reimbursed to him by Mr. Litchfield.

I shall endeavor to state the most essential facts involved as they

appear from a combination of the sometimes widely different claims

of the two parties, with the hope of showing fairly what they were,

but without expecting to satisfy a partisan of either side. Where an

important difference of statement is irreconcilable, I shall point

it out.

In his observations of asteroids Peters was continually obliged to

search through the pages of astronomical literature to find whether

the stars he was using in observation had ever been catalogued.

He long thought that it would be a good piece of work to search

all the astronomical journals and miscellaneous collections of

observations with a view of making a complete catalogue of the

positions of the thousands of stars which they contained, and

publishing it in a single volume for the use of astronomers situated

as he was. The work of doing this was little more than one of routine

search and calculation, which any well-trained youth could take up;

but it was naturally quite without the power of Peters to carry it

through with his own hand. He had employed at least one former

assistant on the work, Professor John G. Porter, but very little

progress was made. Now, however, he had a man with the persistence

and working capacity necessary to carry out the plan.

There was an irreconcilable difference between the two parties as

to the terms on which Borst went to work. According to the latter,

Peters suggested to him the credit which a young man would gain as

one of the motives for taking up the job. But plaintiff denied

that he had done anything more than order him to do it. He did

not, however, make it clear why an assistant at the Litchfield

Observatory should be officially ordered to do a piece of work for

the use of astronomy generally, and having no special connection

with the Litchfield Observatory.

However this may be, Borst went vigorously to work, repeating all the

calculations which had been made by Peters and former assistants,

with a view of detecting errors, and took the work home with him

in order that his sisters might make a great mass of supplementary

calculations which, though not involved in the original plan,

would be very conducive to the usefulness of the result. One or

two of these bright young ladies worked for about a year at the job.

How far Peters was privy to what they did was not clear; according

to his claim he did not authorize their employment to do anything

but copy the catalogue.

By the joint efforts of the assistant and his two sisters,

working mostly or entirely at their own home, the work was

brought substantially to a conclusion about the beginning of 1888.

Borst then reported the completion to his chief and submitted a

proposed title-page, which represented that the work was performed

by Charles A. Borst under the direction of Christian H. F. Peters,

Professor of Astronomy, etc. According to Borst's account, Peters

tore up the paper, opened the stove door, put the fragments into

the fire, and then turned on the assistant with the simple order,

"Bring me the catalogue!"

This was refused, and a suit in replevin was immediately instituted

by Peters. The ablest counsel were engaged on both sides. That of

the plaintiff was Mr. Elihu Root, of New York, afterward Secretary of

War, one of the leading members of the New York bar, and well known

as an active member of the reform branch of the Republican party of

that city. For the defendant was the law firm of an ex-senator of

the United States, the Messrs. Kernan of Utica.

I think the taking of evidence and the hearing of arguments occupied

more than a week. One claim of the defendant would, if accepted,

have brought the suit to a speedy end. Peters was an employee

of the corporation of Hamilton College, and by the terms of his

appointment all his work at the Litchfield Observatory belonged to

that institution. Borst was summoned into the case as an official

employee of the Litchfield Observatory. Therefore the corporation of

the college was the only authority which had power to bring the suit.

But this point was disposed of by a decision of the judge that it was

not reasonable, in view of the low salary received by the plaintiff,

to deprive him of the right to the creations of his own talent.

He did not, however, apply this principle of legal interpretation to

the case of the defendant, and not only found for the plaintiff, but

awarded damages based on the supposed value of the work, including,

if I understand the case aright, the value of the work done by the

young ladies. It would seem, however, that in officially perfecting

the details of his decision he left it a little indefinite as to

what papers the plaintiff was entitled to, it being very difficult

to describe in detail papers many of which he had never seen.

Altogether it may be feared that the decision treated the catalogue

much as the infant was treated by the decision of Solomon.

However this might he, the decision completely denied any right of

the defendant in the work. This feature of it I thought very unjust,

and published in a Utica paper a review of the case in terms not quite

so judicial as I ought to have chosen. I should have thought such a

criticism quite a breach of propriety, and therefore would never have

ventured upon it but for an eminent example then fresh in my mind.

Shortly after the Supreme Court of the United States uttered its

celebrated decision upholding the constitutionality of the Legal

Tender Act, I happened to be conversing at an afternoon reception

with one of the judges, Gray, who had sustained the decision.

Mr. George Bancroft, the historian, stepped up, and quite surprised

me by expressing to the judge in quite vigorous language his strong

dissent from the decision. He soon afterward published a pamphlet

reviewing it adversely. I supposed that what Mr. Bancroft might do

with a decision of the Supreme Court of the United States, a humbler

individual might be allowed to do with the decision of a local New

York judge.

The defense appealed the case to a higher court of three judges,

where the finding of the lower court was sustained by a majority

of two to one. It was then carried to the Court of Appeals, the

highest in the State. Here the decision was set aside on what

seemed to me the common sense ground that the court had ignored

the rights of the defendant in the case, who certainly had some,

and it must therefore be remanded for a new trial.

Meantime Peters had died; and it is painful to think that his death

may have been accelerated by the annoyances growing out of the suit.

One morning, in the summer of 1890, he was found dead on the steps of

his little dwelling, having apparently fallen in a fit of apoplexy

or heart failure as he was on his way to the observatory the night

before. His heirs had no possible object in pushing the suit;

probably his entire little fortune was absorbed in the attendant

expenses.

When the difference with Borst was first heard of it was, I think,

proposed to Peters by several of his friends, including myself, that

the matter should be submitted to an arbitration of astronomers.

But he would listen to nothing of the sort. He was determined to

enforce his legal rights by legal measures. A court of law was,

in such a case, at an enormous disadvantage, as compared with

an astronomical board of arbitration. To the latter all the

circumstances would have been familiar and simple, while the

voluminous evidence, elucidated as it was by the arguments of

counsel on the two sides, failed to completely enlighten the court

on the points at issue. One circumstance will illustrate this.

Some allusion was made during the trial to Peters's work while he was

abroad, in investigating the various manuscripts of the Almagest of

Ptolemy and preparing a commentary and revised edition of Ptolemy's

Catalogue of Stars. This would have been an extremely important and

original work, most valuable in the history of ancient astronomy.

But the judge got it mixed up in his mind with the work before the

court, and actually supposed that Peters spent his time in Europe

in searching ancient manuscripts to get material for the catalogue

in question. He also attributed great importance to the conception of

the catalogue, forgetting that, to use the simile of a writer in the

"New York Evening Post," such a conception was of no more value than

the conception of a railroad from one town to another by a man who

had no capital to build it. No original investigation was required

on one side or the other. It was simply a huge piece of work done

by a young man with help from his sisters, suggested by Peters,

and now and then revised by him in its details. It seemed to me

that the solution offered by Borst was eminently proper, and I was

willing to say so, probably at the expense of Peters's friendship,

on which I set a high value.

I have always regarded the work on Ptolemy's catalogue of stars,

to which allusion has just been made, as the most important Peters

ever undertook. It comprised a critical examination and comparison

of all the manuscripts of the Almagest in the libraries of Europe,

or elsewhere, whether in Arabic or other languages, with a view

of learning what light might be thrown on the doubtful questions

growing out of Ptolemy's work. At the Litchfield Observatory I

had an opportunity of examining the work, especially the extended

commentaries on special points, and was so impressed by the learning

shown in the research as to express a desire for its speedy completion

and publication. In fact, Peters had already made one or more

communications to the National Academy of Sciences on the subject,

which were supposed to be equivalent to presenting the work to the

academy for publication. But before the academy put in any claim for

the manuscript, Mr. E. B. Knobel of London, a well-known member of

the Royal Astronomical Society, wrote to Peters's executors, stating

that he was a collaborator with Peters in preparing the work, and

as such had a claim to it, and wished to complete it. He therefore

asked that the papers should be sent to him. This was done, but

during the twelve years which have since elapsed, nothing more has

been heard of the work. No one, so far as I know, ever heard of

Peters's making any allusion to Mr. Knobel or any other collaborator.

He seems to have always spoken of the work as exclusively his own.

Among the psychological phenomena I have witnessed, none has appeared

to me more curious than a susceptibility of certain minds to become

imbued with a violent antipathy to the theory of gravitation.

The anti-gravitation crank, as he is commonly called, is a regular

part of the astronomer's experience. He is, however, only one of a

large and varied class who occupy themselves with what an architect

might consider the drawing up of plans and specifications for a

universe. This is, no doubt, quite a harmless occupation; but the

queer part of it is the seeming belief of the architects that the

actual universe has been built on their plans, and runs according to

the laws which they prescribe for it. Ether, atoms, and nebulae are

the raw material of their trade. Men of otherwise sound intellect,

even college graduates and lawyers, sometimes engage in this business.

I have often wondered whether any of these men proved that, in all

the common schools of New York, the power which conjugates the verbs

comes, through some invisible conduit in the earth, from the falls

of Niagara. This would be quite like many of the theories propounded.

Babbage's "Budget of Paradoxes" is a goodly volume descriptive of

efforts of this sort. It was supplemented a year or two ago by

a most excellent and readable article on eccentric literature, by

Mr. John Fiske, which appeared in the "Atlantic Monthly." Here the

author discussed the subject so well that I do not feel like saying

much about it, beyond giving a little of my own experience.

Naturally the Smithsonian Institution was, and I presume still is,

the great authority to which these men send their productions.

It was generally a rule of Professor Henry always to notice

these communications and try to convince the correspondents of

their fallacies. Many of the papers were referred to me; but a

little experience showed that it was absolutely useless to explain

anything to these "paradoxers." Generally their first communication

was exceedingly modest in style, being evidently designed to lead on

the unwary person to whom it was addressed. Moved to sympathy with

so well-meaning but erring an inquirer, I would point out wherein

his reasoning was deficient or his facts at fault. Back would come

a thunderbolt demonstrating my incapacity to deal with the subject

in terms so strong that I could not have another word to say.

The American Association for the Advancement of Science was another

attraction for such men. About thirty years ago there appeared at

one of its meetings a man from New Jersey who was as much incensed

against the theory of gravitation as if it had been the source of

all human woe. He got admission to the meetings, as almost any one

can, but the paper he proposed to read was refused by the committee.

He watched his chance, however, and when discussion on some paper was

invited, he got up and began with the words, "It seems to me that

the astronomers of the present day have gravitation on the brain."

This was the beginning of an impassioned oration which went on in an

unbroken torrent until he was put down by a call for the next paper.

But he got his chance at last. A meeting of Section Q was called;

what this section was the older members will recall and the reader

may be left to guess. A programme of papers had been prepared,

and on it appeared Mr. Joseph Treat, on Gravitation. Mr. Treat got

up with great alacrity, and, amid the astonishment and laughter of

all proceeded to read his paper with the utmost seriousness.

I remember a visit from one of these men with great satisfaction,

because, apparently, he was an exception to the rule in being

amenable to reason. I was sitting in my office one morning when a

modest-looking gentleman opened the door and looked in.

"I would like to see Professor Newcomb."

"Well, here he is."

"You Professor Newcomb?"

"Yes."

"Professor, I have called to tell you that I don't believe in Sir

Isaac Newton's theory of gravitation!"

"Don't believe in gravitation! Suppose you jump out of that window

and see whether there is any gravitation or not."

"But I don't mean that. I mean"--

"But that is all there is in the theory of gravitation; if you jump

out of the window you'll fall to the ground."

"I don't mean that. What I mean is I don't believe in the Newtonian

theory that gravitation goes up to the moon. It does n't extend

above the air."

"Have you ever been up there to see?"

There was an embarrassing pause, during which the visitor began to

look a little sheepish.

"N-no-o," he at length replied.

"Well, I have n't been there either, and until one of us can get up

there to try the experiment, I don't believe we shall ever agree on

the subject."

He took his leave without another word.

The idea that the facts of nature are to be brought out by

observation is one which is singularly foreign not only to people

of this class, but even to many sensible men. When the great comet

of 1882 was discovered in the neighborhood of the sun, the fact was

telegraphed that it might be seen with the naked eye, even in the

sun's neighborhood. A news reporter came to my office with this

statement, and wanted to know if it was really true that a comet

could be seen with the naked eye right alongside the sun.

"I don't know," I replied; "suppose you go out and look for yourself;

that is the best way to settle the question."

The idea seemed to him to be equally amusing and strange, and on

the basis of that and a few other insipid remarks, he got up an

interview for the "National Republican" of about a column in length.

I think there still exists somewhere in the Northwest a communistic

society presided over by a genius whose official name is Koresh,

and of which the religious creed has quite a scientific turn.

Its fundamental doctrine is that the surface of the earth on which

we live is the inside of a hollow sphere, and therefore concave,

instead of convex, as generally supposed. The oddest feature of

the doctrine is that Koresh professes to have proved it by a method

which, so far as the geometry of it goes, is more rigorous than any

other that science has ever applied. The usual argument by which we

prove to our children the earth's rotundity is not purely geometric.

When, standing on the seashore, we see the sails of a ship on

the sea horizon, her hull being hidden because it is below, the

inference that this is due to the convexity of the surface is based

on the idea that light moves in a straight line. If a ray of light

is curved toward the surface, we should have the same appearance,

although the earth might be perfectly flat. So the Koresh people

professed to have determined the figure of the earth's surface by

the purely geometric method of taking long, broad planks, perfectly

squared at the two ends, and using them as a geodicist uses his base

apparatus. They were mounted on wooden supports and placed end to

end, so as to join perfectly. Then, geometrically, the two would

be in a straight line. Then the first plank was picked up, carried

forward, and its end so placed against that of the second as to fit

perfectly; thus the continuation of a straight line was assured.

So the operation was repeated by continually alternating the planks.

Recognizing the fact that the ends might not be perfectly square,

the planks were turned upside down in alternate settings, so that

any defect of this sort would be neutralized. The result was that,

after they had measured along a mile or two, the plank was found to

be gradually approaching the sea sand until it touched the ground.

This quasi-geometric proof was to the mind of Koresh positive.

A horizontal straight line continued does not leave the earth's

surface, but gradually approaches it. It does not seem that the

measurers were psychologists enough to guard against the effect of

preconceived notions in the process of applying their method.

It is rather odd that pure geometry has its full share of paradoxers.

Runkle's "Mathematical Monthly" received a very fine octavo volume,

the printing of which must have been expensive, by Mr. James Smith,

a respectable merchant of Liverpool. This gentleman maintained that

the circumference of a circle was exactly 3 1/5 times its diameter.

He had pestered the British Association with his theory, and come

into collision with an eminent mathematician whose name he did

not give, but who was very likely Professor DeMorgan. The latter

undertook the desperate task of explaining to Mr. Smith his error,

but the other evaded him at every point, much as a supple lad might

avoid the blows of a prize-fighter. As in many cases of this kind,

the reasoning was enveloped in a mass of verbiage which it was very

difficult to strip off so as to see the real framework of the logic.

When this was done, the syllogism would be found to take this very

simple form:--

The ratio of the circumference to the diameter is the same in all

circles. Now, take a diameter of 1 and draw round it a circumference

of 3 1/5. In that circle the ratio is 3 1/5; therefore, by the

major premise, that is the ratio for all circles.

The three famous problems of antiquity, the duplication of the cube,

the quadrature of the circle, and the trisection of the angle, have

all been proved by modern mathematics to be insoluble by the rule

and compass, which are the instruments assumed in the postulates

of Euclid. Yet the problem of the trisection is frequently attacked

by men of some mathematical education. I think it was about 1870

that I received from Professor Henry a communication coming from

some institution of learning in Louisiana or Texas. The writer

was sure he had solved the problem, and asked that it might receive

the prize supposed to be awarded by governments for the solution.

The construction was very complicated, and I went over the whole

demonstration without being able at first to detect any error.

So it was necessary to examine it yet more completely and take it

up point by point. At length I found the fallacy to be that three

lines which, as drawn, intersected in what was to the eye the same

point on the paper, were assumed to intersect mathematically in

one and the same point. Except for the complexity of the work,

the supposed construction would have been worthy of preservation.

Some years later I received, from a teacher, I think, a supposed

construction, with the statement that he had gone over it very

carefully and could find no error. He therefore requested me to

examine it and see whether there was anything wrong. I told him in

reply that his work showed that he was quite capable of appreciating

a geometric demonstration; that there was surely something wrong in

it, because the problem was known to be insoluble, and I would like

him to try again to see if he could not find his error. As I never

again heard from him, I suppose he succeeded.

One of the most curious of these cases was that of a student, I am not

sure but a graduate, of the University of Virginia, who claimed that

geometers were in error in assuming that a line had no thickness.

He published a school geometry based on his views, which received

the endorsement of a well-known New York school official and, on

the basis of this, was actually endorsed, or came very near being

endorsed, as a text-book in the public schools of New York.

From my correspondence, I judge that every civilized country has

its share of these paradoxers. I am almost constantly in receipt

of letters not only from America, but from Europe and Asia, setting

forth their views. The following are a few of these productions

which arrived in the course of a single season.

Baltimore, Sept. 29, 1897.

104 Collington Ave.

Prof. Simon Newcomb:

_Dear Sir_,--Though a stranger to you, Sir, I take the liberty

to enlist your interest in a Cause,--so grand, so beautiful,

as to eclipse anything ever presented to the highest tribunal

of human intellect and intuition.

Trusting you to be of liberal mind, Sir, I have mailed you

specimen copy of the "Banner of Light," which will prove

somewhat explanatory of my previous remarks.

Being a student of Nature and her wonderful laws, as they

operate in that subtle realm of human life,--the soul,

for some years, I feel well prepared to answer inquiries

pertaining to this almost unknown field of scientific

research, and would do so with much pleasure, as I am

desirous to contribute my mite to the enlightenment of

mankind upon this most important of all subjects.

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