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Elijah Evans
Elijah Evans

The Pan Within - The Waterboys

Scott, who briefly studied literature and philosophy at the University of Edinburgh, has made heavy use of English literature in his music. The Waterboys have recorded poems set to music by writers including William Butler Yeats ("The Stolen Child" and "Love and Death"), George MacDonald ("Room to Roam"), and Robert Burns ("Ever to Be Near Ye"). A member of the Academy of American Poets writes that "The Waterboys' gift lies in locating Burns and Yeats within a poetic tradition of song, revelry, and celebration, re-invigorating their verses with the energy of contemporary music". So close is the identification of the Waterboys with their literary influences that the writer also remarks that "W.B.", the initials to which Yeats' first and middle names are often shortened, could also stand for "Waterboys".[2] The Waterboys returned to W.B. Yeats in March 2010. Having arranged 20 of his poems to music, the band performed them as An Appointment With Mr Yeats for five nights at the Abbey Theatre, Dublin (which Yeats co-founded in 1904).[41] The liner notes from the CD edition of Room to Roam acknowledge author C.S. Lewis as an influence, and the title of the song "Further Up, Further In" is taken from a line in his novel The Last Battle.

The Pan Within - The Waterboys

This live double album was released in August of 1998. Mike Scott classifies this release as a bootleg, because the company that released the album stopped paying royalties to Scott, yet continued selling it. Initially this album was part of the official discography (located at, but was deleted when the payments stopped.

This action came on to be heard upon the first report of the Special Master, no objections thereto having been filed by any of the parties within the time heretofore fixed by the Court for the filing of same, and the Court being fully advised in the premises, it is ordered that the report is in all respects confirmed. Said report is attached hereto as Appendix B, incorporated herein by reference, and made a part hereof as fully for all intents and purposes as if set forth at length herein. The Court further finds and orders as follows:

12. Remove from the files of each of the sixty-seven (67) inmates listed in this Court's Order of February 8, 1972 all references, if any, to participation in any form in this or related litigation, to refrain from communicating in any other form the fact of such participation to the Parole Board, and to certify to the Court in writing within two (2) weeks of the entry of this Order that defendant is in compliance with this paragraph; and thereafter plaintiffs' counsel or his designate shall have the right at any time during normal business hours to inspect any of said files.

One cautionary note is in order with respect to the inclusion of the discussion of Departmental Administrative Regulations within the body of this report. Although some instances of noncompliance with provisions of the Court's order constitute as well violations of certain Administrative Regulations, the mere existence of these Regulations should not be taken as indicating that noncompliance in such instances is limited to the Superintendent or staff of Marion Correctional Institution. To the contrary, in those cases in which the institution is found to be in a state of noncompliance with the Court's order and with the relevant Administrative Regulation, there is no evidence that officials of the Department of Rehabilitation and Correction have taken action to compel compliance on the part of the Superintendent or his staff. In the case of the Administrative Regulations dealing with censorship of incoming printed materials and tapes, the Regulations themselves, as applied to Marion Correctional Institution, constitute noncompliance with mandatory Paragraph 4 of the Court's order.

Two examples of delay of incoming first class legal mail came to light in the course of this investigation. Two letters written by the Special Master to members of the Inmate Liaison Committee were postmarked in Toledo on February 3, 1976. These letters were delivered to inmates in the honor dormitory at MCI on February 10. Eighteen identical letters, addressed to inmates within the stockade itself and announcing a meeting of the Inmate Liaison Committee on February 7, were received by the inmates sometime between February 4 and 6. Because of this delay, the two honor dormitory residents were not aware of the impending meeting until passes were issued to them on February 7.

Apart from the specific incidents relating to legal mail discussed above, inmate allegations of interference with incoming and outgoing first class mail are widespread and have resulted in the filing of another suit in this court. Sheely v. Perini, Case No. C75-244. Complaints relate to reading, delaying, and returning of mail to sender in spite of the addressee's presence in the institution. Loss and theft of both incoming and outgoing first class mail are alleged, and instances of theft or loss of incoming packages have been verified. Complaints of delayed mail by inmates residing in the honor dormitory are particularly numerous and repetitive. While non-legal mail is not specifically within the scope of the order under consideration, the problems relating to legal mail are likely to continue until a thorough reorganization of all handling of incoming mail occurs. Furthermore, there is virtually no method of testing the effectiveness of outgoing mail procedures as they relate to legal mail without consideration of the larger problem of all outgoing mail.

While finding that the institution is in basic compliance with that portion of the Court's order requiring the provision of notarial services, the Special Master recommends that the system employed at S.O. C.F. be adopted in order to reduce complaints regarding difficulties encountered in obtaining such services within the stockade at M.C.I.

At the outset, the limits of the phrase "printed matter" must be established. In addition to newspapers, magazines, pamphlets, and booksspecifically mentioned in this paragraphinmates receive photographs and tape recordings. Photographs fall within the scope of a dictionary definition of the word "print", which includes "a photographic copy made on a sensitized surface." Webster's New International Dictionary (3d ed.) Tape recordings, which may be recorded commercially (eg. music) or by friends and relatives of an inmate, are not within the plain meaning of the term "printed matter." At the same time, magnetic tape recordings prepared by a relative or friend of an inmate are highly analogous to personal letters not subject to censorship by the terms of Administrative Regulation 814(1) except with prior written permission of the Director of the Department of Rehabilitation and Correction. This analogy is rejected by the terms of Administrative Regulation 826 which provides that all incoming and outgoing pre-recorded tapes are "subject to audible review by the staff of the institution." This regulation provides that such tapes are subject to Administrative Regulation 814(b) which proscribes censorship or exclusion of books, newspapers, magazines and other publications unless the obscene or inflammatory nature of the publication is established. The Special Master has thus treated incoming tape recordings by whomever recorded as a specie of "printed matter" within the scope of Paragraph 4 of the Court's order.

When offending material reaches the Associate Superintendent for Treatment Services, he evaluates it. If he determines it to be permissible, he forwards it to the inmate/addressee; if he finds it to be objectionable, he calls in the affected inmate. The inmate is asked to sign a form in which he may (1) concur with the Associate Superintendent and request that the material be destroyed, (2) concur with the Associate Superintendent *209 and request that the material be mailed out of the institution at the inmate's expense, or (3) disagree with the Associate Superintendent and request that the material be submitted to the Publications Screening Committee in Columbus. In the last case mentioned, the inmate is informed (by text on the form) that he may make a "written comment or appeal" to the Publications Screening Committee within three days.

An inmate who disagrees with the decision of the Associate Superintendent for Treatment Services may appeal that adverse decision to the Publications Screening Committee in Columbus. Administrative Regulation 814(b) (5) (B) (3) requires that the Publications Screening Committee make its recommendation to the Director of the Department of Rehabilitation and Correction within two weeks. One case monitored by the Special Master indicates that the two-week deadline is not met invariably:

This Regulation fails to comply with the requirements of the Court's order that criteria for exclusion be specific, that a panel of three or more persons make any decision at the institutional level, that the inmate be afforded a hearing at the institutional level, and that printed matter be admitted from any source. It should be noted that the Administrative Regulation assumes that all excluded materials will be forwarded to the Publications Screening Committee within three days of their receipt by the Institution. Current practices at M.C.I. clearly violate this provision of the Regulation. Although Administrative Regulation 814(b) provides for the establishment and maintenance of the "to be permitted" and "not to be permitted" lists, there is no suggestion that the appearance of a publication on the proscribed list is intended to eliminate the necessity that the material be forwarded to the Publications Screening Committee.

Whatever the charge, the inmate first appears before a Hearing Officer. This hearing is held promptly (within 24 hours unless the offense occurs on a weekend). Class III offenses are disposed of at the Hearing Officer level. If the inmate is charged with violation of a Class II rule, the Hearing Officer may treat the Class II offense as a Class III offense and dispose of it or he may refer the case to the Rules Infraction Board. The sanctions available to the Hearing Officer are limited by Administrative Regulation 805 to the following: 041b061a72


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