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I hope you guys had a wonderful awesome weekend! =D I know I had a pretty fat weekend =P I went on a road trip to Malacca with my house mate. Yeap only the two of us. Drive all the way from KL just for a bowl of Cendol. I had 2 bowl of Cendol, 2 bowl of Laksa and a plate of Chicken rice balls in 3 hours! Well I wanted to eat Cendol so badly for months! If not because I almost puke after eating Laksa I think I would have eaten my 3rd bowl of Cendol! I think I gained weight from my Malacca road trip!!! OH NO!! See my chubby face =( Yes I am all sweaty (picture taken on the way back from Malacca.). Wanna hug? =P Enough on that . I want to show you my touch up pictures. It's been a week now. So I guess this is the best time to show you guys before and after pictures :) As mentioned in my previous post, my eyeliner were not balance and thank you heaven the color didn't stay! Especially on the right one. You have to wait for at least 28 days before you can go for another touch up. This time around, it wasn't that painful because I complained and the girl leave the anesthetic (numbing cream) on my eyes a little longer. Honestly. I regret going through this. Paying RM1288 for the embroidery and going through the pain. Some said I look nice with my new brows but my mum think the opposite. Frankly, I believe my mum knows best. ( I miss mummy!) Here is my eyes right after embroidery. They haven't really clean my eyes yet, so forgive me if the black ink around my eyes disgust you. They lined both eyes. Here is the close up on my right eyes. The color residue at the corner of my right eye from previous touch up is still there :( Grrr!!! I hate it! She did extent my brows a little longer. Sadly the color on my brows are not even. Even though I did embroidery I have to touch up the color with my Shu Uemura pencil. The middle part of my brows are greyish while the inner part are light brown. I have so much problems with the colors! My sister in law, she did only once and the color stay pretty well! And the color they use is not even black!! Notice the color below? They are really depressing sometimes. =( Picture above was taken directy after touch up. Now, my brows are not balance AGAIN! Sigh! I guess another touch up next month. Most highly likely this will be my last update on my embroidery, pretty much I go through the same thing over and over again. If anything extraordinary happens I will definitely blog about it. If you are planning to get your brows or eyeliners done there are some points you need to remember. - Forget about the free touch up that comes together with your package when you sign up for the embroidery. Mine came with 2 free touch up for brows and upper liner while one for lower liner. I used them all up already. I planned to use it next year so I don't have to pay extra when I want to add colors to my brows or liners. I guess I was wrong. The color don't even stay and I guess I have to pay extra if I want to get my brows and liners done. This depends on individual as well because my sister in law liners seem to stay pretty well. But Bluunis beautician will eventually forced you to use up all your free touch up. - Bluunis guaranteed your brows and eyeliners for a month. So if the color didn't stay (usually after 4 days you can tell) make sure you make another appointment with them for next month. - Price wise, they are really expensive! So make sure you know your rights as a consumer. I have been patience enough with them up to my last visit where I eventually leave the place with super sour face. - You might get free facial included in your embroidery package. If they are free go for it. If not please don't buy. Their facial are not really good. When you compare them with Aster Spring the way their beautician handles your facial are not professional enough. So is their environment. They told me that I won RM300 cash voucher that can be used with any package I bought. Honestly, I think they lied. They never show me the physical voucher and their beautician are famous for being so kind to let customer use their own personal vouchers. Scam or not you decide. But the package that were introduced to me cost almost RM2000 and initially she said I can pay in 2 installments. But when I keep rejecting she mentioned I can get the package plus all the products by paying them on monthly basis. So flexible? So desprate for customer! - My package came with 4 free hydrating mask but the beautician never tell me until I discover it myself. Our conversation went on like this. ME: What is F4M? B: Free 4 hydrating mask for you. ME: I haven't collect them yet but why the remark here stated collected? B: You didn't? The blue colour packaging? B: I will check for you. (she went inside her office. After few minutes she came out) I will pass them to you on your next visit okay? I need to ask my colleague first. On my next visit they gave me my masks. I honestly thought they forget. Until I read from other beauty blog that the beautician actually took the masks home for her own use. The blogger went to the same branch I went, Sunway Pyramid. Ethical much huh? I don't blame them, the mask cost RM68 each. They must have been salivating over the mask all the time. Thats all I can remember for now. If you have been to Bluunis before and had bad experience with them. Tell me. I wold love to hear about them. If you need to know more about them ask away. I hope I can help :)
Our taste buds are growing tired of our menu. I checked the Umami magazine that came along with my gift pack from the EB last November and saw prospective recipes. Then it hit me. Maybe I should stock up on locally published magazines on food. After learning that my thyroid is functioning normally from my follow-up check-up, I passed by Filbar at The Landmark in Trinoma. I was lucky because they have back issues on sale. I got four foodie magazines, two parenting magazines and two kiddie magazines. I paid about $14 for all the magazines. That amount is already huge for me but I think of them as investments. LOL. Here is my stash. I haven’t flipped a page but I will in the coming days. I’m already excited to try the recipes! Alex have not seen her magazines. I will give them to her one at a time, when she is exceptionally good as her reward.
Is Shahid aping Aamir? Shahid Kapoor has surprised one and all with his new rough and tough look in Vishal Bharadwaj’s forthcoming film Kaminey. His tan and toned body has been getting a thumbs up from many, and trade pundits claim that SK’s Kaminey act is going to replicate AK’s Ghajini phenomenon! We really don’t know about that. With Shahid concentrating on just one film a year, and insisting on perfection, he is often compared to Aamir, and now his muscle power is not going to help him step out of this comparison too quickly. Guess Shahid doesn’t mind being compared to the ‘most powerful’, especially if it’s a Khan whose name isn’t Saif!
\|05-06-2008, 01:40 AM\|\|#1\| Join Date: Apr 2008 Thanked 0 times in 0 posts Normalizing Indicators - RSI After reading John Bollinger's Bollinger Band book which discusses normalising indicators as an advanced feature, can someone please show me how to program the custom indicator so I can then add it to my back testing routines.. The formula in the book goes like this... (Indicator - Indicator Lower Band) / (Indicator Upper Band - Indicator Lower Band) The purpose is to plot any Indicator (RSI, MFI, etc) as part of the bollinger bands %b formula (last - lower band)/upper band - lower band) What you will get is a value between zreo and 1 instead of a 30/70 upper/lower indicator If anyone can help me with this sticky programming, I thank you in advance. Currently using NT 6.0 and aim to upgrade to 6.5 as soon as my pc gets some more RAM \|05-06-2008, 07:03 AM\|\|#2\| Join Date: Nov 2004 Location: Denver, CO, USA Thanked 45 times in 32 posts For the most part, a quick response to show you how to program this will likely not be sufficient. You would need to go through the indicator development tutorials found in our Help Guide and start there. Worst case, you can contract a NinjaScript consultant - http://www.ninjatrader.com/webnew/pa...injaScript.htm NinjaTrader Customer Service \|Thread\|\|Thread Starter\|\|Forum\|\|Replies\|\|Last Post\| \|we need indicators !!!\|\|Elmi\|\|Indicator Development\|\|77\|\|07-25-2012 10:15 AM\| \|Charting indicators using other indicators as the input\|\|Elliott Wave\|\|Charting\|\|3\|\|04-04-2008 03:54 PM\| \|Indicators\|\|michaeldavidmiller@comcas\|\|ATM Strategies (Discretionary Trading)\|\|1\|\|01-13-2008 01:52 AM\| \|Indicators\|\|nelson\|\|Charting\|\|1\|\|05-21-2007 11:00 AM\| \|TTM Indicators\|\|Freddie\|\|Indicator Development\|\|1\|\|03-11-2007 06:28 AM\|
raspberrylicious wrote:Darcnova wrote:Right, that was confirmed to be a false rumor, wasn't it? I was asking as well stealth20k wrote:after black white 2 all bet are off Darcnova wrote:stealth20k wrote:after black white 2 all bet are off Not since Koei owns Nobunaga's Ambition, meaning that part still gives them the ability to release it, plus...I'm pretty sure that Gamefreak/Nintendo can do more than one game at a time Sheleigha wrote:Because this is NoA we're talking about. You know, the same people who originally went "meh" about some popular Wii games... The fact that they acknowledged this, especially when it's been more popular with adults in Japan, and a game that's VERY Japanesey to boot (I mean, as if any of the Pokemon regions STAYED Japanese! For years I had no idea they were even based on real areas... I thought they were all made up!) Plus it's a collaboration (licensing issues), and just a game I saw NoA thinking wouldn't appeal to kids. But, they proved me wrong and that's a good thing! Users browsing this forum: No registered users and 12 guests
I am 22, I hate Geo-political divisions, but I'm from Indie de Mumbae. I like Rock, Punk, Metal, Comics and much more. I'm addicted to music and coffee. When artist Fred Eerdekens sees objects, he doesn’t just observe their form, but also the form which they can create. His highly unique sculptures use everyday objects like cereal boxes, bits of wire and even bushes, to make carefully planned and arranged forms which shadow cast sentences on the walls around them.
NOCC is a webmail client written in PHP NOCC is a webmail client written in PHP. It provides webmail access to POP3 and IMAP accounts. Here are some key features of "NOCC": Connection to IMAP and POP3 server with c-client library Sending mail with Sendmail or SMTP server Support MIME attachment messages (it passes the "MIME Torture Test" that UW makes available) Multi-language support (22 languages so far) Themable (you can change all the colors and fonts easily) Renders pages in XHTML 1.0 for maximum compatibility with any browser, works with text browsers No frames, cookies not required (can use URL-based sessions) No need of a database Works on Win32, various Unix systems (including suEXEC with Apache) Distributed under GPL license PHP version >= 4.0.0 c-client library compiled with PHP or as module What's New in This Release: Add lang and theme choice to preferences section (Arnaud Boudou). Disable distant pictures display by default (Arnaud Boudou). Fix HTML entities translation and replies formating (Arnaud Boudou). Bug #1477984 : Mark as (Un)read, how can one see it works? (Arnaud Boudou). Bug #1444882 : NOCC display source code instead of form (Arnaud Boudou). arnaud boudou boudou bug client library Download NOCC 1.2 @Mail 4.51 (by CalaCode.com) @Mail can be used as a WebMail Client for accessing existing POP3 or IMAP mailboxes Balsa 2.3.14 (by Pawel Salek) Balsa is a GNOME mail client with support for local mailboxes, POP3, and IMAP. Balsa is a Gnome e-mail client supporting POP3, IM Postaci Webmail 2.0.1 (by Umut Gokbayrak) Postaci (Turkish word for Postman) is a multiplatform PHP webmail software which is database independent, IMAP/POP3, multilanguage(32 MadMail 0.2 (by MadGnom) MadMail is a simple Webmail client which can handle POP3, SMTP, and IMAP servers Other software in this category Fetchmail 6.3.5 (by Eric S. Raymond) Fetchmail is a full-featured, robust, well-documented remote-mail retrieval and forwarding utility intended to be used over on-demand jEdit 4.3 pre8 jEdit is an Open Source text editor written in Java Surf the Internet in a safer, faster, and easier way with Opera browser GNU Aspell 0.60.4 GNU Aspell is a Free and Open Source spell checker designed to eventually replace Ispell
The New Jersey Department of Health has awarded a grant of $1 million to NJSHINE, a new Health Information Organization covering southern New Jersey to improve healthcare delivery through real-time exchange of critical patient information. "The creation of this new Health Information Organization for South Jersey marks another step forward in expanding the use of Health Information Technology to better coordinate patient care in our state," said Health Commissioner Mary E. O'Dowd. "NJSHINE will connect seven hospitals, 400 health providers and 22 practices in Southern New Jersey-enabling providers to have accurate and complete patient information such as medical histories, medication allergies and test results." A Health Information Organization is a group of health stakeholders that come together to facilitate the transfer of healthcare information electronically across providers for the purpose of improving health and delivery of care in a community. New Jersey currently has four health information organizations: · Health-e-Citi connects greater Newark area providers · Jersey Health Connect which covers northern and central New Jersey · Trenton HIE which connects Trenton area providers · Camden HIE which connects Camden area providers With today's announcement, NJSHINE will serve a seven county area including, Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem counties. Hospitals that will be connected through NJSHINE include Shore Medical Center, Underwood Memorial Hospital, South Jersey Healthcare facilities including the South Jersey Regional Medical Center, Bridgeton Health Center, Elmer Hospital, and Vineland Health Center, and Cape Regional Medical Center. NJSHINE will also connect other area health providers like long-term care facilities. NJSHINE was chosen through a competitive Request for Application process because of their ability to provide a fully connected, secure network in which health care providers can exchange data. Funding to create NJSHINE is provided through a US Department of Health and Human Services' Office of the National Coordinator for Health IT grant to New Jersey. NJSHINE is a collaborative nonprofit healthcare organization whose primary partners are South Jersey Healthcare, Shore Medical Center and Cape Regional Medical Center.
Ankle Sprain Sidelines Nets’ Center Lopez Nets center Brook Lopez has a sprained right ankle and will miss three weeks. Lopez was injured in the third quarter of the Nets’ 104-101 win over Charlotte on Sunday. He will have his foot placed in a walking boot as a precautionary measure. The oft-injured Lopez has played in just five games this season, averaging 19.2 points, 3.6 rebounds and 27.2 minutes. He missed the first 33 games of the season with a fractured fifth metatarsal in his right foot. (Copyright 2012 by The Associated Press. All Rights Reserved.)
Driver’s License Ring: A Helpful Chart I survived the rain and horrible parking, and attended this morning’s Newark press conference, featuring Attorney General Paula Dow and Motor Vehicle Commission Chief Administrator Raymond Martinez. They announced indictments charging 40 people, including six former MVC clerks, with participating in criminal rings that illegally sold New Jersey digital driver’s licenses to unauthorized persons at five motor vehicle agencies (Lodi, East Orange, Edison, Jersey City and North Bergen). Besides the clerks, the others involved in the alleged ring were 21 customers, and other folks that were referred to as brokers and intermediaries. The chart above breaks it down…a bit. Click here for a larger image. Allegedly, the “broker” would spread the word that for a price of several thousand dollars they would arrange for the customer to obtain a driver’s license or renewal without the required six points of identification. In some instances, the brokers relied on “runners” to bring them customers. Eventually, once the broker or intermediary already conspired with the clerk, they would fill out a license application or renewal form and have the customer sign it. The broker would usually accompany the customer to the motor vehicle agency and provide specific instructions regarding the conspiring clerk. It was an intricate and well-thought out process, but the state won again.
Our nation faces a critical challenge as we welcome our troops back from war. After bravely risking their lives for our country, these heroes and their families often return to strained relationships, depression and even post-traumatic stress disorder (PTSD). Our response as a grateful nation is critical, and it is up to us to ensure that our military families have the support they need. Mental Health America 2000 N. Beauregard Street, 6th Floor Alexandria, VA 22311 TTY Line 800/433-5959
TIME, HUNTING WHERE THE DUCKS ARE Ben Bernanke is Time's Person of the Year. I haven't read the cover story, but I don't think we should be surprised or angry at the choice -- in hindsight it seems inevitable. It's a crummy economy. Media giants are hurting. Who has money? Who would have the wherewithal to buy stuff advertised alongside the end-of-the-year Time content? The financial crowd, obviously. So Time chose a financial guy. It's simple economic common sense. If any of the rest of us ever get jobs or raises again, Time will pick someone we admire for this honor in the future. But for 2009, this was a perfectly understandable business decision.
A real world example of model fusion : using geological and hydraulic models to investigate the impacts of infiltration SuDS within the Glasgow urban area Turner, R.J.; Mansour, M.; O Dochartaigh, B.E.; Hughes, A.; Dearden, R.; Campbell, D.. 2011 A real world example of model fusion : using geological and hydraulic models to investigate the impacts of infiltration SuDS within the Glasgow urban area. [Poster] In: Model Fusion Conference, London, UK, 28-29 Nov 2011. (Unpublished)Before downloading, please read NORA policies. Sustainable Drainage Systems (SuDS) are increasing in importance as a tool to manage urban runoff, but little is known of their long term, compound effects upon groundwater level and flow patterns. To investigate this, a detailed knowledge of the behaviour of groundwater flow is required. This study focuses on the city of Glasgow, where the hydrogeology is poorly understood, in part due to the complexity of its bedrock and superficial deposits. By marrying the output of 3D geological framework models of the Glasgow area, created by BGS using GSI3D software, and the groundwater modelling code ZOOM, we hope to discretise the varying lithologies of the subsurface and their different permeability distributions to an enhanced degree and therefore improve the accuracy of flow simulations. This will provide the basis upon which to build a better understanding of the groundwater system and hydrogeological processes in the region, and thence a platform from which to investigate the potential future impact of SuDS. Potential exists to compare the outputs of the hydraulic model using different permeability inputs from both the GSI3D geological framework model and a Voxelated stochasitic model. \|Item Type:\|\|Conference or Workshop Item (Poster)\| \|Programmes:\|\|BGS Programmes 2010 > Land Use, Planning and Development\| \|Additional Keywords:\|\|GroundwaterBGS, Groundwater, Groundwater modelling, Surface water interaction\| \|Date made live:\|\|30 Nov 2011 15:48\| Actions (login required)
Berkeley First's Development at Pier Road, Gillingham. Norstone was asked to supply our beautiful Grey Rock Panels for the Plynth that stands proud to the entrance of Berkeley's First Development, at Pier Road. The small, but important Project was installed within a matter of days. Norstone was affixed to the Concrete substrate, using laticrete Hydroban and Adhesives which has a 25 year Warranty provided by laticrete. The Charcoal copings, which top the Plynth, provide a majestic look to this elegant structure. Lastly, upon completion, a penetrating sealant was applied.
To the Editor: As a life long resident of Colton and a businessman for over 49 years I know how important the economy is here in the North Country, and I believe that job creation is the key to bringing life back into our dreary economic situation in St. Lawrence County. I have watched Congressman Bill Owens run our country in the ground with a job decline of 1.7 percent. since he has taken office. The unemployment rate here in St. Lawrence County has skyrocketed to 11 percent, 2 percent greater than New York rate of 9 percent. We are in a dire need of a fresh breath of life in congress and I believe that Matt Doheny is the man for job. Matt has proven success in turning around failing business and creating jobs is something our county needs, he can and he will use this experience in turning around our failing economy and our increasing employment rate. Unlike Bill Owens, who has voted to raise taxes by over $1.4 trillion over the next ten years on the middle class and small business and also who supports the Buffet Rule, which will raise taxes on our job creators. Folks I know Matt Doheny will work hard and support small business owners like myself. It is time for the North Country to flourish again and believe me, I’m a firm believer that Matt is the man to bring it back to life. Henry “Hank” Ford
Caption: 00080536, MOUNTAIN LAKES, NJ 05/05/2011, BOONTON (10-5) FALLS TO MOUNTAIN LAKES (6-13) AT MOUNTAIN LAKES.---Annalee Smith takes this grounder as third baseman Karena Noce and outfielder Kim Cacciabeve move in to back up the play. Album ID: 1240727 Photo ID: 35694873 This is a low-resolution representation of a high-resolution photo suitable for print reproduction. If the image displayed above is color - the print will be color. If the image displayed above is black and white - the print will be black and white. This preview does not represent high image quality of the products that can be ordered from this site. Unauthorized reproduction of this image prohibited by law. Watermarks do not appear on the final product.
SOMERS, N.Y. – If you grew up around Somers in the 1970s, you probably remember the old shack at Routes 35 and 100, appropriately called The Mexican Shack. “Back in the 70s, I got myself a van and drove from Somers across country,” said Steven Delzio, owner of The Mexican Shack. “It was a ’70s thing to do. I ended up living in Phoenix. “Then my parents’ 25th anniversary came up, and I wanted to go home for it. I was living hand-to-mouth, so I had to raise some money. I took out a loan, ...
"And the moral of this story is never lean on the weird. Or they will chop your head off. And perverts will eat your brains." - Hunter S. Thompson The year is 40.000. Peacefully floating around in zero-gravity Barbarella (Jane Fonda) is suddenly interrupted by a call from the President of Earth. A young scientist, Duran-Duran, is threatening the ancient universal peace and Barbarella is the chosen one to find him and save the world. During her mission, Barbarella never finds herself in a situation where it isn't possible to lose at least part of her already minimal dressing. SoGo, the evil city Barberella travels to, is a reference to Biblical cities Sodom and Gomorra. Future Pink Floyd guitarist David Gilmour was one of the session musicians who performed the film's original score. (A favorite album in my collection) The scenes during the opening credits where Barbarella seems to float around her spaceship were filmed by having Jane Fonda lie on a huge piece of plexiglas with a picture of the spaceship underneath her. It was then filmed from above, creating the illusion that she is in zero gravity. (If you look carefully, you can see the reflection in the glass as she removes her gloves.) Dildano's password, "Llanfairpwllgwyngyllgogerychwyrndrobwllllantysiliogogogoch", is the name of a real village in Wales, United Kingdom (unsurprisingly, it's the longest place name in the UK). Barbarella: De-crucify the angel! The Great Tyrant: What? Barbarella: De-crucify him or I'll melt your face! Barbarella: You mean they could still be living in a primitive state of neurotic irresponsibility? Barbarella: A good many dramatic situations begin with screaming. Pygar: An angel does not make love, an angel is love. If you haven't seen this movie you really should.
Here are the rules: If you know or think you know the source of the movie quote please leave your guess in the comments section. As people guess the source of the quote I will grey it out and give them credit (using google to find the answers will disqualify you), the person who has the most correct guesses each week will get a fun movie genius award to decorate their blog. Any person who wins 5 weeks (consecutive or non-consecutive) will earn a Movie Master award and must then refrain from guessing for 5 weeks but a master can email quote suggestions for the game. Now on to the guessing! 1. "I'm down, I've got the 411, and you are not going out and getting jiggy with some boy, I don't care how dope his ride is. My momma didn't raise no foo'!" SamuraiFrog 2. "You should've gone to China, you know, 'cause I hear they give away babies like free iPods. You know, they pretty much just put them in those t-shirt guns and shoot them out at sporting events." SamuraiFrog 3. "Moisture is the essence of wetness, and wetness is the essence of beauty." 4. "Nine million terrorists in the world and I gotta kill one with feet smaller than my sister." SamuraiFrog 5. "Hey, look friend, let's just cut the shit. Now we both know why I was transferred. Everybody thinks I'm suicidal, in which case, I'm fucked and nobody wants to work with me; or they think I'm faking to draw a psycho pension, in which case, I'm fucked and nobody wants to work with me. Basically, I'm fucked." SamuraiFrog 6. "This was no man. Does a man have teeth the size of axe blades? Or ears like terrible tombstones? By tampering with nature, forcing vegetables to swell far beyond their natural size, we have brought a terrible judgement upon ourselves. And for our sins, a hideous creature has been sent to punish us all! Repent! Repent!" SamuraiFrog 7. "Suddenly, I viddied what I had to do, and what I had wanted to do, and that was to do myself in; to snuff it, to blast off for ever out of this wicked, cruel world. One moment of pain perhaps and, then, sleep for ever, and ever and ever." SamuraiFrog 8. "There shall in that time be rumors of things going astray, erm, and there shall be a great confusion as to where things really are, and nobody will really know where lieth those little things with the sort of raffia-work base, that has an attachment. At that time, a friend shall lose his friend's hammer, and the young shall not know where lieth the things possessed by their fathers that their fathers put there only just the night before, about eight O'clock." RAB 9. "You're like Santa Claus with that list, Bud, except everyone on it's been naughty." 10. "People don't like you, Mitchell. I don't care for you much myself." SamuraiFrog Wowee!! SamuraFrog really rocked this one with 7 correct guesses! Way to go Froggy! In any case if my calculations are correct (and they are) he is due to receive his second Movie Master Award! So here is your award: And now good news for everyone else, since SamuraiFrog has been awarded a Master Award he must now (according to the rules) take a break from play. See you back on March 3rd and we'll see the rest of you back next week for more movie guessing fun!!! Monday, January 28, 2008 Here are the rules: Posted by Becca at Monday, January 28, 2008
One woman's stories, adventures, observations and rants, lived through and beyond metastatic breast cancer. Wow! How is everyone handling the change? Looks graet! He's really happy. It was his idea. He was feeling pretty traumatized, though, when he saw his ponytail on the floor.He's very, very happy with the results, though. He showed the stylist a photo of David Tennant (Dr. Who) and she did it!The photos don't do him justice, though. He's gorgeous. He is gorgeous, Laurie! Wow! I liked his long hair, but his short hair looks great, too. I bet he was traumatized - that's quite a change. That is a really big change. Wow. Glad to hear he's happy about how it turned out! Hi Laurie,Haven't visited in awhile... S. looks great with his short hair! At the start of 2010, my daughter decided to go for a more mature look. She is growing out her bangs and got a haircut right around the time S. got his. She's wearing a bob now. She looks so grown up (all of age 6!) :-) Follow my name link to a recent photo.Happy Spring!--Jean Post a Comment
Facebook to update its newsfeed, so prepare for grumbling3/2/2013 Prepare yourself, because your Facebook friends are going to start a deluge of updates like, "Where is everything?! How do I delete photos now?! Aaargh, Facebook I hate you!" The social network behemoth is updating its newsfeed — at least, that's the buzz around a Facebook event scheduled for Thursday. The event invitations promise a showcase for its new look, which will plunge all its users into confusion for several months until they change it again.Any older relatives you haven’t already guiltily blocked on Facebook should be given a heads-up now to prevent panicked phone calls and direct messages posted publicly to your wall. [Source] Click to see more on msnNOW.com, updated 24 hours a day. How do you feel when Facebook tweaks its interface?
Interactive game. Set your own level of challenge, practise your table skills and beat your previous best score. weekly problem 49 - 2013 The numbers 72, 8, 24, 10, 5, 45, 36, 15 are grouped in pairs so that each pair has the same product. Which number is paired with 10? This problem encourages students to consider a range of alternative methods of calculation. There is an opportunity for students to appreciate the importance of the quotient and the remainder when using division to solve a problem. When using calculators, students can explore the relationship between the remainder and the decimal part of the How can I use what I know (small multiples of 7, 12, 360...) to generate number facts that are not at my fingertips (large multiples of 7, 12, 360...)? Days and Dates begins in the same way as this problem, but then encourages exploration of the algebra behind modular arithmetic. Colour Wheels provides a simple context for exploring repeating patterns.
The Sun-Earth Connection Education Forum (SECEF) ( http://sunearth.gsfc.nasa.gov/) is a NASA-sponsored organization established to use the latest results from NASAs Sun-Earth Connection Science theme to improve science education and awareness in classrooms and in the general population. SECEF has two new staff members with strong, interesting education backgrounds: Elaine Lewis and Troy Cline. Both Elaine and Troy are of great value to the SECEF effort. Elaine began her education career in 1980 as a sixth grade elementary school teacher. She continued her education and by 1985 had a Masters degree in curriculum development from Loyola College in Baltimore, Maryland. She wrote for a textbook company during the summer and also enjoyed working with students as a naturalist at Irvine Natural Science Center in Baltimore. She continued studying science and began teaching eighth grade science in Prince Georges County, Maryland, in 1986. Between 1986 and 1990 she received a second Masters degree in administration and supervision. Elaine worked as the science chairperson within her school, led many national and local workshops for educators, and won a number of grant proposals. In 1990 she received the county award for Outstanding Secondary Science Teacher of the Year and the following year the Presidential Award nomination for Maryland for Excellence in Teaching Science. In 1996 she was offered an opportunity to work in the Education Office at Goddard Space Flight Center. Between 1996 and 2000 she worked on many existing programs and created new initiatives. Elaine also developed processes and practices by which the work of the NASA Office of Space Sciences education organization can be linked with the mainstream of the NASA Center Education Offices and the Headquarters education function. SECEF was fortunate to be able to hire her to work within the forum after she had served as the liaison between SECEF and the education programs office. SECEF also welcomes Troy Cline, a science and educational technology specialist. Before coming to Goddard Troy was a high school mathematics teacher and educational technology coordinator at an alternative high school in Virginia, working with at-risk students. During that time he also completed a Masters degree in educational technology and leadership at The George Washington University in Washington, D.C. His undergraduate degree was in education with a strong focus on science and mathematics. Prior to working in Virginia, his teaching career took him to some exceptional places, beginning with his first teaching experience on the Navajo Indian Reservation in Kinlichee, Arizona. While there he taught in a Bureau of Indian Affairs boarding school for three years. He later joined the United States Peace Corps and served in Chad, Africa, as an algebra and geometry teacher. That experience teaching in Africa involved living in a mud hut and teaching over three hundred Chadian students in a classroom made of elephant grass. At that time the Chadian government was attempting to create a stabilized educational system so that as the country became more developed, an effective structure would already be in place. SECEF is a partnership between Goddard Space Flight Center (GSFC) and the University of California, Berkeley. The GSFC effort is managed within NSSDC and the Space Science Data Operations Office. NASA home page GSFC home page GSFC organizational page Author: Miranda Beall
Adobe AIR allows developers to take advantage of different technology in order to further develop their own applications. These applications run outside of the Web browser and can function across multiple platforms. Adobe AIR, which is free, is used by many companies, such as Nickelodeon, eBay and National Geographic. This is a free application for AIR that allows users to shrink their images in batch format, rather than one by one. Drag and drop PNGs, JPEGs or GIFs and select how you want it to shrink. 2. Font Picker This free tool grabs all of your font files and lets you type in a sample phrase to help you select the font you need. Track personal time and see how you spend your days. Drag and drop or type in a URL into this application to take snapshots of a website. They can be in browser size, full page size or thumbnail size. This works in a similar fashion to Websnapshot, except you also have the ability to cut out a selection of the Web page for snapshot purposes. This allows users to generate a Web 2.0 or a CS3 style icon. Only three steps are involved and you are on your way to four different sizes of your newly generated icon. This allows users to find Flickr photos based on keywords or usernames. Papervision is used to show the photos and save it to your computer, but it only offers up to 100 search results. Search among almost a million different colors to find the one you need. Use this application to organize color palettes you enjoy the most. There is also a sample palette to get started. Import color themes to be used in various Adobe applications. 11. RegExr Desktop This desktop application offers the ability to test expressions with special characters. Use this tool to store "snippets" of code, quick memos and notes instead of abusing your hard drive with multiple instances of Notepad. It can even be organized to quickly retrieve the memos. This application has won awards for its ability to help developers search for the kind of code they need. You can even take notes and keep track of various blog posts of high value. Best of all, it is free. This free application will allow you to manage your time effectively, and it also allows you to reorganize your day by drag and drop. The Freelancer’s Estimation Assistance Tool allows freelancers to determine how much they have been making hourly for the day. This is an easy to use application that resizes images based on the options set in your widget. This makes for easy Internet uploading. Import all of your images and edit them without dealing with clunky Adobe applications. This application has been around for awhile, helping users redefine their images. In recent updates, however, they have made the process even easier, with clearer instructions posted directed on the application. Interact with a 3D space of RGB color and experiment with the different combinations. This also allows you to check the level of contrast and to test for color deficiency. Automatically backup your modified PNG files while you are in Fireworks. Adobe AIR is definitely a unique kind of development tool that has developers creating so many kind of applications that make the lives of others easier.
First up, The US Supreme Court has ruled in the Ricci discrimination case…. reversing the lower court, and finding in favor of Ricci. The lower court included current SCOTUS nominee Sonia Sotomayor. Second, from the Federal Courthouse in the Southern District of New York, Bernie Madoff is sentenced to 150 years, which is the statutory maximum sentence. Might as well say, Madoff is sentenced to death in prison.
fast forward, backwards, delete even if you had a remote control to life, wouldn’t you be afraid to use it in case deleting the bad affected the good I promise, i’ll fight for you <3 apparently, twilight is ‘so popular’ because... deadkennedys: oh yeah, i remember that time when i was a vampire. plasticine and play dough is good for two things: 1.throwing it at people 2.making a penis :) A dress is for every girl to wear, regardless age, size, race, or color. Never...– (via fuckyeahshortdresses) SOCIALLY AWKWARD → -shelikestobealone: lacedupkhayla: dontmesswiththebull: anarexic: You check your phone, because you have nothing to contribute to the conversation. Wait for the right time to say something, you get interrupted. Twice Someone you vaguely know is walking in front of you. You maintain distance. Hold the door for some. They’re slightly too far away. Someone comes online, you say “hey”,... I love the way the asl people on omegle try and guess what air is :P
Ohio State University looks set to become the newest member of an elite club: Institutions that have managed to get a Titan Arum, aka Amorphophallus titanum, aka the corpse plant to bloom. The enormous, smelly plants are so hard to coax into flower that fewer than 100 have done so in cultivation since the first one bloomed right here at The New York Botanical Garden in 1937. Click the link above to see a live video stream of the plant! - bobbyfreakouthour likes this - pandalovin420 likes this - enteejameela reblogged this from nybg - flowerfood reblogged this from nybg - nybg posted this
..... don't dress like you've come to mow the lawn Love her style! Love her style too, but a smile or a relaxed face might make her look even more amazing. i like how she's wearing edgy pieces but worn in a classic way OMG I WANT THIS COAT! Where did she get that? It looks like it cost a fortune. Post a Comment
Where can you find the city’s top dog groomer? Last-minute tailor? Beef tongue? Yes, it’s that time of year again—the time when we eat, drink, dance, shop, shvitz, and trampoline our way around the city, not to mention poll scores of in-the-know colleagues, hard-partying friends, opinionated family members (you’d be surprised how ardently a 6-year-old will campaign for his favorite toy store), and, this year, a team of guest expert bloggers to bring you answers to all of the above questions, and hundreds more, in the form of our annual “Best of New York” issue. As always, there’s a heavy bias toward the new, and however encyclopedic and exhaustively researched our list may be (and it is), it is still, in the end, deeply subjective. Do you know of a better plate of beef tongue? Contributors: Joshua Bernstein, Christopher Bonanos, Rebecca Dalzell, Julie Earle-Levine, Randi Eichenbaum, Jason Feifer, Rachel Felder, Matthew Giles, Nicholas Gill, Hannah Goldfield, Christina Han, Robin Hilmantel, Tory Hoen, Molly Langmuir, Lauren Levinson, Crystal Martin, Hugh Merwin, Keith Mulvihill, Andrew Parks, Rob Patronite, Adam Platt, Robin Raisfeld, Rebecca Ramsey, S. Jhoanna Robledo, Kate Rockwood, Jordana Rothman, Vanita Salisbury, Kayleen Schaefer, Alex Scordelis, Beth Shapouri, Jessica Silvester, Raven Snook, Kurt Soller, Benjamin Solomon, Sharon Steel, Carl Swanson, Alexis Swerdloff, Alan Sytsma, Elizabeth Thompson, Alexa Tsoulis-Reay, and Mary Jane Weedman.
In the final weeks before his show debuts on CNN on January 17, Piers Morgan apparently has enough time to conduct elaborate, bitter fights over Twitter in front of his 139,000 followers. Last night, when NY1 anchor John Schiumo called Morgan an "ass" over Twitter after Morgan told New Yorkers to "calm down" about the blizzard, Morgan went on the attack. "Sorry Mr Schiumo, but a) I've never heard of you and b) I don't view local news anchors with just 700 followers as rivals," he tweeted. "When a news anchor's tweets outnumber his followers, there's a problem John. A big problem...." Schiumo, who hosts The Call on the local news network, continued to needle Morgan, who volleyed back with eight nasty tweets. "'Oi beware, my lord, of jealousy; it is the green-eyed monster which doth mock the meat it feeds on,'" Morgan wrote, quoting Shakespeare. "You're like Stephen Baldwin and Vinny Pastore - they thought they were big shots in NY too until I wiped them in Celeb Apprentice." Eventually, Morgan calmed down, even as other Twitterfolks tried to pick their own fights with him. "It would appear that you all WANT me to pick pointless Twitter scraps with nonentities. So normal service resumed. Relax," he wrote this morning. "Memo to self: must desist from picking aimless Twitter fights with irritating non-entities." No! No! Don't stop, Piers. The only thing more fun than watching a huge ego come to grips with the reality of CNN's low prime-time viewership would be watching a huge ego with thin skin do the same.
The big blowhard Michael Moore is a hugely successful left-wing carnival barker in a culture of right-wing carnival barkers, and for that he deserves our admiration. He has, it is true, been caught playing fast and loose with timelines — not a negligible crime. But he rarely stoops to the level on which his rivals permanently reside: He’s obnoxious but not corrupt. He doesn’t spew talking points. He’s out there, on the streets, corralling evidence to support his theses (or thesis — there’s really only one). And he is, point for point, difficult to refute. His new cinematic circus, Capitalism: A Love Story, is the film to which he has been building for the last two decades. It’s sprawling, scattershot, sniggery, and, in one instance, exploitative. It’s brazenly one-sided. But Moore calls questions that no one else in the mainstream corporate media goes near. His other films focused on symptoms. This one tackles what he sees as the disease. Let’s start with his conclusion: “Capitalism is an evil, and you cannot regulate evil.” That’s enough to give anyone pause, especially in light of the sorry history of other political and economic systems. (I’m not sure whether Moore has ever argued on behalf of the mass-murderer Mao, but he plainly adores Castro.) He has a less controversial case when he examines the flimsy intellectual connections between capitalism and democracy, which Americans tend to see as sibling-close, united under the umbrella of the U.S. Constitution. They’re not: One of Moore’s stunts is a trip to the Capitol rotunda to examine an original copy, while guards look on, intrigued. Jefferson, Adams, and even Adam Smith (although Moore doesn’t invoke him) warned of the dangers to democracy of an unregulated free market in which the wealthy few accumulate too much power. The fact is — the fact is — the pinko Moore follows in far more illustrious footsteps than the free-market Masters of the Universe, most of whom are too a-skeered to submit to his questions. (Having made close to a billion dollars at Goldman Sachs, Hank Paulson has a lot of mansions in which he can hide.) Moore also follows in the footsteps of Jesus, who, let’s remember, took violent issue with material wealth. Around his old hometown of Flint, Michigan, Moore has found several priests and a bishop to denounce capitalism as the root of American injustice instead of the Christian Promised End. But he scores even more points with satire. He takes a threadbare Biblical dramatization and redubs Jesus to make him a free-marketer, refusing to heal a cripple because the man had a “preexisting condition.” I wouldn’t use the term “documentary” to describe this film: It’s a barbed comic monologue with big jolts of pathos. The movie opens with footage of a clean-cut fifties’ narrator portentously informing us that the story we’re about to see is hard to believe, and Moore borrows that Daddy-knows-best tone for his own singsong narration: This, kiddies, is how our society really works. I know people who are put off by the implied condescension, but it didn’t bother me. Americans — myself included — are so profoundly ignorant of major historical and economic truths that we can always use a good primer: “See Dick. See Dick lobby against government regulation and make wildly disproportionate amounts of money.” The fifties capitalist propaganda is easy to laugh at and, at the same time, hard to shake off. (It was an awkward moment at the Lincoln Center New York Film Festival premiere when Moore flashed a shot of Lincoln Center as part of his montage of decadent elites.) What about content? It ranges far and wide, though rarely deep. Moore begins with foreclosures and predatory lending, hewing closely to the same narrative as Andrew and Leslie Cockburn’s recent American Casino; draws hilarious comparisons (drawing on more cheapo film epics) with the fall of the Roman Empire; and then brings on the politicized playwright Wallace Shawn to recall the way capitalism was supposed to work: The person with the best products and service (cue vintage footage of small entrepreneurs in small towns) makes the most money. Perhaps Moore means to invoke Shawn’s bracing My Dinner with Andre, but that was a true drama, a dialogue of opposites. This is Shawn telling Moore what he wants to hear. No matter: It sets the stage for a recap of our post–World War II economy, after the Allies reduced German and Japan industry to rubble and had markets all to themselves. (Moore sees the 90 percent tax on the very wealthy as a good thing: It helped fund our infrastructure.) Then it’s time to bring on cowboy figurehead Ronald Reagan and his corporate cronies, who began dismantling regulations that — in Moore’s view — brought off a coup d’état and wiped out American industry. (Don Regan is shown pulling Reagan’s strings.) He trudges with his elderly dad to the now-bulldozed site of the spark-plug factory in which the old man used to work, returns to Flint (and GM) for an acid reminder of Roger & Me, and works his way toward the chainsawing of Wall Street regulations under George W. Bush — which, combined with a reassignment of FBI agents to Homeland Security, helped set the stage for what he calls the greatest wave of white-collar crime in American history. Then, with jabs at Alan Greenspan and other free-marketers from Lehman, Countrywide, Goldman, AIG, Bank of America (especially predatory), etc., it’s on to predatory lending, the collapse of the mortgage racket, and what real-estate watchdog Peter Zalensky calls the arrival of “bottom feeders” — vultures who buy up foreclosed homes and sell them for profit. Meanwhile, Countrywide’s Angelo Mozilo is giving sweetheart loans to movers and shakers like Senator Chris Dodd. It should be said that Democrats are not exempt from Moore’s rage: Loosening of Wall Street regulations was a feature of that wild-eyed leftist Bill Clinton’s administration, too. Among Moore’s more appalling segments is the one in which he lectures on what happens when government shifts its responsibilities to for-profit businessmen: the notorious Wilkes-Barre case in which a judge named Ciavarella took kickbacks from a pal (allegedly — the 48-count indictment is still working its way through the courts) to send some harmless 6,500 juveniles to the man’s private correctional facility. One girl spent more than six months under lock and key for writing snarky things about an assistant principal on her Facebook page. Then he brings on Hudson River hero Captain Sully, who testified before an increasingly uncomfortable congressional committee that pilots now work for as little as $22,000 a year, receive food stamps, and have to supplement their incomes with second and third jobs. Watch Moore’s face as he listens to a pilot describe selling one’s plasma. Moore makes one detour I consider unforgivable. After a shocking segment on blue-chip companies that make millions by secretly taking out life-insurance policies on employees, he introduces us to a family in which the mother — a Wal-Mart worker — died following an acute asthma attack. The children read letters to her they’ve written. They weep and Moore holds on to them. But what’s the context here? She wasn’t failed by the health-care system. The grief of her family, however moving, has no bearing on Wal-Mart’s windfall. This is just demagoguery. But it’s nothing, I repeat, compared to the other side. Not so long ago I found myself sitting next to an old family friend and was stunned to hear her assert that (a) Obama was a socialist taking the country to socialism; (b) the bank failures were brought on by poor blacks, not by the banks themselves, which were forced by the government to make loans to minorities who could not pay them back; and (c) what happened in Detroit had nothing to do with grotesquely bad management or lack of innovation — it was unions that had driven up wages to the point that American manufacturers couldn’t compete. Where does this bullshit come from? Nothing Moore says in Capitalism: A Love Story is remotely as mendacious or self-serving. (At least my old Texas uncle at the same table, after whispering, “You can’t argue with these liberals,” said he wished Obama success — even if he was a colored fella.) Moore’s greatest weapon is the pathetic case the other side makes for itself — like The Wall Street Journal editorialist’s admission that as far as he was concerned, “Capitalism is more important than democracy.” No one Moore interviews can coherently explain derivatives or credit default swaps (though it should be said that the Alexes Chadwick and Blumberg on NPR did a superlative job last year, though they needed a full hour). Moore’s heroes here are, in no particular order, Jonas Salk, who gave away his polio vaccine for free; workers in a Chicago window-and-door company who barricaded themselves in their factory when BofA tried to kick them out without paying their wages; smiling assembly-line workers who run their own company and share in the profits (and collect on average $65,000 salaries); and Congresswoman Marcy Kaptur, who fights the bailout and then advises evicted residents to become “squatters in your own homes.” (She also alleges to Moore that “promises were made” to congressmen hoping to run for the Senate in their respective states to switch their votes to bail out the banks. More, please, Moore ) The election of Barack Obama is viewed as triumph of democracy — although Moore doesn’t bother to note that the thievery goes on and on. In the final sequence, Moore pretends to try to make citizen’s arrests on Wall Street and then puts crime-scene tape around the Stock Exchange. On one level: groan. On another: No one else is going to make those arrests. No one else would make Capitalism: A Love Story, either. The title, though amusing, doesn’t begin to do the movie justice, since the love is incestuous and — Darwinian libertarians notwithstanding — unnatural, vile. To be continued.
"Mitch has been yelling at me ... so I've stopped." As Lucille 2, in all her vertigo-afflicted glory. The show's creator, in his first interview since production on the series resumed. So says David Cross. In multiple episodes! Tobias still a Never Nude? Jason Bateman tweeted from the set. George Michael Bluth, ladies and germs. Jason Bateman and Ron Howard are excited. Get it? You so get it. The man in this photo is writing the fourth season. He swears. "If anything, it's going to make people go deeper." See Footage From Yesterday’s Arrested Development Press Conference With Mitch Hurwitz and David Cross, Among Others Everything's coming up Arrested! With all the new Netflix episodes bowing on a single day, how will recap culture cope? All ten new episodes will premiere on Netflix in one fell swoop. There's finally a start date. Watch Will Arnett and Jason Bateman Talk About Hairy Ladies in Morgan Spurlock’s New Documentary, Mansome Bluth Family Reunion! Join the movement, if you want. And what it's like to have people randomly run up to you and yell, "No touching!" Now, here's a love child we can get behind! He probably doesn't own a television.
(Not Important to me) How about we… go biking down the Cherry Creek Trail and grab a bite somewhere downtown. How about we… catch a movie? Lounge around with nothing on The Other Guys, Step Brothers, 40 YearOld Virgin, Elf, Hang Over Born in Thailand, lived in difference countries as a child. Pursuing a career as an Athletic/Personal Trainer Have a cute pout, gets me everytime. I like girls with tattoos, in certain areas though. A really cute smile gets me too. Not being yourself A spy, CIA Intelligence Quit my job, open a gym, work with young athletes and help fight child hood obsiety. Provide personal training to those that can't afford it, but serious about thier health and wellness.
Salvation of A Saint When a man about to leave his wife is found murdered and the wife has a too-convenient alibi that convinces a smitten lead detective of her innocence, Professor Manubu Yukawa is tapped by a concerned Kaoru Utsumi to solve a seemingly impossible case. AgeAdd Age Suitability There are no ages for this title yet. SummaryAdd a Summary There are no summaries for this title yet. NoticesAdd a Notice There are no notices for this title yet. QuotesAdd a Quote There are no quotes for this title yet. VideosAdd a Video There are no videos for this title yet.
A man knocked over City Brows, a nail salon at 2202 Broadway between West 79th and 78th streets, on Jan. 25. Police said that a man walked in at 7:30 p.m. to scope out the place and left. Shortly later, he walked in again and told an employee to, “Give me money and open the register and don’t look at me,” cops reported. The employee handed him $700, and he fled north on Broadway, according to police. Trackback from your site.
Zucotti Park, Wednesday night. Photo by Jake Moore. The mainstream media’s coverage of Occupy Wall Street has been at best critical and at worst dismissive of the growing movement. “We don’t even know what their demands are” has been the catchphrase thrown around by every political pundit out there. Even our own Kyle Zinn thrashed the movement for its lack of a clear plan. When we went down to Zuccotti Park a few weeks ago, we witnessed the lack of a demand firsthand. When the General Assembly ended, the people’s mic was opened up to anyone who wanted to speak. We listened as Eric Lerner, a 54 year-old New Jersey resident and spokesman for the New Jersey Civil Rights Defense Committee, urged the protestors to come up with a few concrete demands that could be met. Immediately after he spoke, a 45 year-old Harlem resident and carpenter who identified himself only as Dirtbag insisted that the movement didn’t need to make demands. “We’re not terrorists, we’re citizens,” he said. Gallatin’s Stephen Duncombe has been particularly frustrated by The New York Times‘ representations of Occupy Wall Street. He noted, “this is [their] classic… approach to protests; ‘people should be protesting, I would be protesting with them, except this isn’t the right way to [do it]‘… It essentially lets you off the hook and that’s what liberals love to do; they love to let themselves off the hook.” “[They say,] ‘If it was Nazi Germany, of course I would have stood up.’ No, actually, you would not have stood up – that’s the fact – the people who stood up were the ‘irrational’ anarchists and… communists, and you would have hated them as well. This is the problem; that we need to be able to say… ‘those people are nuts. They’re nuts in the Tea Party and they’re nuts down on Wall Street,’ because that way, we reassure ourselves that we’re not cowards,” he elaborated. Jacques Lezra, the chair of NYU’s Comparative Literature department, suggests that the movement’s lack of a clear demand or proposal isn’t necessarily a weakness, but a strength.”There seems to be to me a very strong political statement made precisely by the lack of a specific demand.” He argues that specifying a demand is complying with a broken system and reduces a protest to something concrete and manageable; instead he calls what the protestors are making an “empty demand.” Duncombe echoed Lezra’s sentiment; “The idea that the social movement creates coherent demands that are then either accepted or rejected by the state — I don’t think that’s necessarily how social movements have ever worked, and I definitely don’t think that’s how they work today.” Duncombe views Occupy Wall Street as a movement that is creating the change it wants to see. “They’re structuring the protest in… a very decentric [manner], which gets at the root of the word demonstration in a way that most people don’t think about it, which is that [it] demonstrates something; if you’re having a demonstration for democracy, well, it had better be a democratic demonstration… One of the things they’re doing is that they’re practicing what they’re preaching… it’s inefficient, it’s frustrating, but it also allows you to create something in the act of protesting which otherwise wouldn’t be possible.” When Slavoj Žižek spoke to the crowd at Liberty Plaza, he urged the activists to remember, “that our basic message is: We are allowed to think about alternatives… We do not live in the best possible world [and] there is a long road ahead. There are truly difficult questions that confront us. We know what we do not want. But what do we want? What social organization can replace capitalism? What type of new leaders do we want?” He suggested that this movement would most likely come to a close, but that it was the beginning of something bigger; that it was a creative space in which people can think about the kind of world that they want to live in. Photos by Jake Moore. Zoe Schlanger contributed reporting.
The Branch was founded in 1958 by Bill Youren, a local farmer, and re-formed in 1985 by Dr Don McKenzie, a HortResearch Fruit Scientist. Under his leadership, a horticultural exchange programme was established and has developed into a close working relationship. The aims of the Branch are: to promote mutual understanding, good will, and friendship between the peoples of China and New Zealand by encouraging the exchange of visitors, ideas, information and trade; to support development projects particularly in Guangxi: and to foster interest in the study of China’s past and recent history, culture, and political and social structures. Currently the Branch has a membership of approximately 100 many of whom have travelled to China or worked there and retain a genuine interest in the country and its future. The Branch meets monthly at 7:30pm on the first Friday of each month at the Hastings District Council Chambers, Lyndon Road, Hastings. Meetings include talks and activities about aspects of Chinese culture, the showing of DVDs, and reports of travel in China and presentations from Chinese visitors, followed by supper. One major activity for the Branch is the organisation of the highly popular International Culture’s Day held the first Saturday of March at Cornwall Park, Hastings. In 1981, Dr Don McKenzie convinced the then Hastings City Council to establish New Zealand’s first Sister-City relationship with China. Under the progressive leadership of the then Hastings Mayor, the late Jeremy Dwyer, this has become an active and highly respected relationship. You might like to visit the Guilin City website. Hawke’s Bay now enjoys three Sister -City relationships; Hastings with Guilin in Guangxi Zhuang Autonomous Region; Napier with Lianyungang and Hawke’s Bay Regional Council with Xuzhou, both in Jiangsu Province. To find out more about any Hawkes Bay Branch activities please contact: President: Sally Russell Phone/fax: 06 877 6027 Annual membership: $20 single, $30 family, $30 school, $50 corporate.
\|Committee Meeting Jun-2013\|\|21 June 2013 - 10:00am\|\|Oracle Auckland\| \|Oracle Performance Firefighting (3 days)\|\|24 June 2013 - 9:00am\|\|Oracle Auckland Office, Level 16, Oracle Tower, 56 Wakefield Street\| \|Committee Meeting Jul-2013\|\|29 July 2013 - 10:00am\|\|Webinar\| \|Committee Meeting Sep-2013\|\|13 September 2013 - 10:00am\|\|Oracle Wellington\| \|Committee Meeting Oct-2013\|\|21 October 2013 - 10:00am\|\|Webinar\| \|Committee Meeting Dec-2013\|\|6 December 2013 - 10:00am\|\|Oracle Auckland\| The NZOUG 2013 Conference presentations are now available. Note that there are a number that are not able to be posted due to unreleased products, for example those relating to Oracle 12c. Check out the twitter story courtesy of Jennie Vickers blog. Please review the attachment if you are interested in Oracle Technology Beta Programs. Packt Publishing a leading publisher of Oracle technology books is looking for authors for the following titles listed below. Help us find the best in the community - Nominate an Oracle ACE What do Tom Kyte, Steven Feuerstein, JungSik Kim, Mark Rittman and Andrew Clarke have in common - They all go above and beyond to help their fellow OTN members with advice on Oracle technology. They are all Oracle ACE's!
The American GI Forum of California Collection includes correspondence, ephemera, and organizational papers documenting their activities. These materials offer researchers a lens into the often-difficult reintegration process that veterans undergo following their separation from the armed forces, as well as the overall effects of this process on their families and their communities. Researchers will find these materials useful for critical examinations of the social location of Latino servicemen and servicewomen within the context of a large metropolitan center and how this identity has evolved since 1942. Indeed, a collection of this caliber has wide application for studies on the overall condition of Latinos within the United States as well as on the lives and communities of California Latino veterans. Moreover, according to Kelly Lytle-Hernandez, professor of History at UCLA, this particular collection has much to offer scholars interested in studying local California politics, Latino veteran organizing, and gender dynamics in a traditionally male-centered context. According to her, the stories reflected in these papers act as a precursor to later Chicano organizing. Researchers who would like to indicate errors of fact or omissions in this finding aid can contact the UCLA Chicano Studies Research Center Library and Archive. The American GI Forum was founded in 1948 in Corpus Christi, Texas as a resource for Mexican American veterans returning from service in WWII and their families. The repressive socio-economic and political climate of Texas prior to WWII and the lack of social mobility and limited opportunities afforded to servicemen and women despite their service in the nation's armed forces, functioned as an impetus to create an organization that could represent and fight for veterans' rights. Although this organization was originally created to meet the needs of those veterans living in South Texas, several victories related to veterans' benefits and access to health care, motivated Mexican Americans in other parts of the nation to create their own local American GI Forum chapters. Key to this growth was the denial of funeral services in 1949 to a Mexican American soldier – Private Felix Longoria, whose remains were returned home four years after being killed in combat in the Philippines. After organizing several protests and receiving a great deal of media attention, Senator Lyndon B. Johnson intervened and arranged for PVT Longoria to be buried with honors at Arlington National Cemetery in Washington D.C.
Title: Northwestern Pacific Railroad Collection, Date (inclusive): 1907-1917 Collection number: MS 56 Extent: 4 volumes + 1 box California State Railroad Museum Library Sacramento, California 95814 Shelf location: Big Four Building or off-site storage. Please contact the Library in advance of your visit. Gift of Brian Thompson Copyright has not been assigned to the California State Railroad Museum. All requests for permission to publish or quote from manuscripts must be submitted in writing to the Senior Curator. Permission for publication is given on behalf of the CSRM as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained by the reader. [Identification of item], Northwestern Pacific Railroad Collection, MS 56, California State Railroad Museum Library, Sacramento, Two volumes from the Office of Master Mechanic and Superintendent of Steamers / Mechanical Department are letterpress copy books which record the cost for services completed by Mechanical Department (Tiburon Shops) to Comptroller, relating to locomotives, rolling stock and floating equipment. Includes information recorded on a variety of forms. Data may include shop expenses, changes made to equipment, regular maintenance and labor costs. A third volume of letterpress copy books contain copies of invoices, records of repairs to equipment, including foreign roads, NWP shops (Tiburon, Willits and San Francisco). Also contains data relating to material and labor costs. The fourth and final volume contains an "Abstract of bills rendered." Also includes miscellaneous reports for the Eel River development project and a commendation list, which have been arranged by date. Incorporated January 8, 1907, consolidating the San Francisco & North Pacific Railway, the North Shore Railroad, and several smaller railroads between San Francisco and Eureka, California. The NWP was a major presence in the area offering commuter service through to San Francisco via ferry. In 1929 Southern Pacific assumed sole ownership of the company. The last steam run was September 30, 1953. On November 1, 1984, the lines north of Willits were purchased by the Eureka Southern Railroad. Lines south were retained by the Southern Pacific. The North Coast Railroad Authority purchased the Eureka Southern out of bankruptcy in 1992. Currently a consortium of several government agencies control the line: the North Coast Railroad Authority, Golden Gate Bridge Highway and Transportation District, Marin and Sonoma Counties, and the Northwestern Pacific Railroad Authority. The line is presently operated by a contract operator under the historic name of the Northwestern Pacific Railroad.
A healthy lifestyle encompasses many things, from eating right and practicing smart sun protection to exercising and finding adequate ways to relax. Each month, Obagi will feature different healthy... Read More » Thought you were finished with breakouts and blemishes once high school was over? For many, that’s not the case. Acne doesn’t discriminate on the basis of age. As a matter of fact, adult... Read More » Valentine’s Day is right around the corner, which means stuffed animals, chocolate hearts, and red roses everywhere you turn. But before you chalk this Valentine’s Day up as another greeting... Read More » The results are in! We are proud to announce the 2013 Obagi Brand Ambassadors. Here at Obagi we know that when it comes to skin care and the Obagi products you love, no one says it better than our... Read More » It’s no secret that exercise can make you feel stronger, healthier, and more confident, but working up a sweat can do more for your body than just help you squeeze into your favorite outfit. Regular... Read More » In today’s busy, get-it-done-yesterday world, it can be difficult to find time for the most important person: yourself. That’s why we’re taking some time off in June to celebrate Professional... Read More »
\|October 2007 · Vol. 19, No. 10 Risks and remedies when your surgical patient is obese How to plan and safely manage surgery—and ensure that the patient’s expectations are realistic The risk of thromboembolism remains heightened as long as 3 weeks after hospital discharge Ask an obese surgical patient about less obvious disorders such as sleep apnea, which can have grave postoperative implications Consider regional anesthesia when it is feasible; it can limit complications related to diminished pulmonary function Use extra-long instruments in an extremely large patient, especially if she has a “deep” pelvis Begin ambulation on the first postoperative day—or on the evening after surgery, if circumstances permit If the patient has a significant comorbidity, she should remain under the care of her internist or other primary care provider Dr. Perkins is Clinical Assistant Professor of Obstetrics and Gynecology at the University of Mississippi Medical Center in Jackson.Richard Dr. Jackson is Staff Anesthesiologist at the Delta Regional Medical Center in Greenville, Miss. The authors report no financial relationships relevant to this article. The adverse consequences of obesity go far beyond aesthetic and psychosocial concerns. Patients who are markedly overweight face a real risk of developing severe health conditions—not just cardiac disease, diabetes mellitus, and hypertension, but also sleep apnea, venous thromboembolism, certain cancers (particularly breast and uterine), and biliary tract disease. Obesity also contributes to menstrual abnormalities and infertility and may complicate pregnancy.
February 23, 2012 Franz J. Brunner, 54, passed away Thursday at Francis House. Franz worked in the coin-operated business and was considered the best of the best technicians for Balley International. He was a 41-year ham operator and was a member of RAGS of Syracuse and CNY Traffic Net. He was predeceased by his parents, Robert M. and Anna C. Regan Brunner. Franz is survived by his wife, Cherrie Brunner; sisters, Heidi (Randy) Beaulieu, Catherine Brunner and Christa Alden; stepson, Travis McKinstry; stepdaughter, Stacy McKinstry; and niece, Anna Alden. Calling hours will be held on Sunday, February 26, 2012 from 2 to 4 p.m. at Goddard-Crandall-Shepardson Funeral Home, 3111 James Street. In lieu of flowers, donations may be made to Francis House. Goddard-Crandall-Shepardson FH 463-4320 16 entries \| 2 photos The Guest Book is expired. Published in Syracuse Post Standard on February 25, 2012
People long in the public spotlight have a double life. There are exceptions, as when Billy Clinton’s idiocy and arrogance gave the country a good, long look at the side-by-side private and public lives of a living President. Something of the same was the fate that history had prepared for Coretta Scott King, who died a few weeks ago. Through no fault of her own, the general public knew more about her and her life than we are accustomed to get on this side of the grave. Her death brought forth encomiums of the sort we always hear on the passing of famous strangers. Thus, Representative John Lewis (D-Ga.) told the papers: “She was the glue that held the movement together.” In actuality, she had no central position. For a lot of the people “in the movement,” as they called it when there was one, Coretta Scott King was often an imperious pain in the butt. Nevertheless, if there is anyone living entitled to spin edifying legends, it is John Lewis, whose own obituaries, if they are honest, will call him a true leader and hero. The Reverend Joseph Lowery, another figure who has earned the right to gild whatever lily he pleases, is quoted as saying, “She wore her grief with grace. She exerted her leadership with dignity.” However dubious the claims of leadership made on her behalf, there is no arguing that Coretta Scott King stood up to bombings, threats of murder, snarling cops and danger. She did her part. Another minister hailed her as “the first lady of the civil-rights movement,” which almost makes it sound as if she had been presiding over a high tea. When you are called the first lady or first gentleman of anything, you’ve usually been relegated to a cobwebs, dust and ashes position. There are exceptions: Eleanor Roosevelt was called the “first lady of the world,” and she still packed a political wallop—but on her own, Coretta Scott King never did. From the time of her husband’s death, she played the honored-widow role, the famous person invited to assume first place in the march for the you-name-it worthy cause for the TV cameras to see. Those are moments related to the public person, the standard, unreal image we have of the famous—who, we know, also have other lives, which we can guess at and gossip about, but which we don’t really know. Unless, again, it’s Bill Clinton. With Coretta Scott King, the public got quick, narrow shafts of information about her private life. It must have been no fun for her to put up with such intrusions, but her husband may have been the most famous man in the world on the day he died. No other figure in the last century has an American national holiday named after him (and in no small measure owing to her exertions). Her husband was no sooner dead than the biographers set to work. The more they learned about the man she’d married, the more they learned about her. In reading those books, she may have learned things about her husband that she hadn’t known before. However that may have played out, material was made public of the sort that most of us would prefer the world to know only after we are gone. It’s not that biographers like Taylor Branch—easily the best chronicler of King’s life—were out to get her; they were not. She was simply literary collateral damage. The worst she had to endure during her long widowhood were the accounts of her husband’s relations with other women. Some of that was public, or almost public, when King was still alive, thanks to the F.B.I. circulating as much dirt as J. Edgar Hoover, its director, could dig up. Now, nearly 40 years later, we know that Martin Luther King was no more indiscriminate in matters sexual than President John F. Kennedy, his Attorney General brother and his other brother, Senator Teddy. Since our society has been gifted with much leisure time and longer life spans in which to stray from the straight and narrow, who can say how deviate any of these people were, especially in the 1960’s and 70’s? However it was, it cannot have been easy for her to read (in the Branch biography) a scene that took place in her hospital room, where she was recovering from a hysterectomy and her husband was confessing to infidelity. On other occasions, some blunder or other revealed her husband’s hanky-panky to her. Unlike the Kennedys, who seem to have been constructed without the capacity to feel guilt in matters of this kind, King hated what he did and would repeatedly promise himself that he would amend his life, only to fail and fall into the arms of another woman. It must have been painful for her to read about their quarrels over money. King had decreed that the family would live a life without luxuries. He insisted on a standard of living far, far below that of successful ministers and a chasm or two below the way world figures live. Nevertheless, they had four children, and she had things she wanted for them, not the least of which was college. She may have read Mr. Branch’s account of the fight she had with her husband when he announced that he was giving away his Nobel Peace Prize money. In the many years subsequent to her husband’s death, occasional stories would surface in the papers about her and her children trying to make paydays for themselves by copyrighting King’s place in history. Other heirs do that kind of thing all the time, but because Dr. Martin Luther King was who he was, their making money off his memory did not sit well. Another American hero’s private life and its effect on his public career have gone unexamined until now. That was Cesar Chavez. Both in his lifetime and after his death, the writing about him approached hagiography. The King family was subject to scrutiny, criticism and vicious attack, while Chavez was taken as he presented himself. It is only now that the public—or at least that part which reads the Los Angeles Times—has learned that Chavez, once the galvanic leader of Mexican-Americans and the Farm Workers Union, betrayed himself, his union and his cause by a Stalinoid tyranny in his union and simple corruption. In a series of exhaustively researched articles on how the man who built this union wrecked it, Times staff writer Miriam Pawel concludes, “The decisions Chavez made a quarter of a century ago shaped the union and Farm Worker Movement today, turning it away from the core mission of organizing farm workers. His actions drove out a generation of talented labor leaders; he replaced them with handpicked loyalists—including many of the people now running the organization. He quashed dissent and increased his control just as the union’s growth made that more problematic.” Ms. Pawel writes: “The union Chavez built now represents a tiny fraction of the approximately 450,000 farm workers laboring in California fields during peak seasons—probably fewer than 7,000 …. Chavez’s heirs run a web of tax-exempt organizations that exploit his legacy and invoke the harsh lives of farm workers to raise millions of dollars in public and private money …. Most of the funds go to burnish the Chavez image and expand the family business, a multimillion-dollar enterprise with an annual payroll of $12 million that includes a dozen Chavez relatives.” A generation of liberal journalists couldn’t or wouldn’t see what was going on with Chavez. The adherents of causes hate publicity that is less than adulatory, and their anger is intimidating to the news media, although editors do not admit it. If a story might open a publication to accusations of insensitivity, racism, homophobia, etc., it is the rare editor who says damn the torpedoes, full steam ahead. The unfavorable publicity given Martin Luther King may have pained Coretta Scott King, but it did not snatch her or her husband from their rightful and honorable place in American history. The lack of unfavorable publicity put Chavez in the liberal, if not the American, pantheon, where, it turns out, he may not belong. Truth will out, but if it’s late arriving, who cares? Follow Nicholas von Hoffman via RSS.
I am only guessing here, but the memorial show for artist Dash Snow on display at Deitch Projects on Grand Street is as likely as not to be remembered as a send-off to the youth craze that has seized the art world this decade. More legend than man, and dead at 27, Dash Snow’s trajectory as an artist was self-destructive, and the destruction was abrupt: On July 13, he died in New York City of a heroin overdose. The elliptical show devoted to the theme of Dash Snow includes artwork from his friends and family—T-shirts, flowers, messages straight from the heart—and lots of photography. You could be forgiven for having missed him: Snow first appeared in New York around 1997 as part of a street-graffiti team working under the tag of SACER. The camera-toting Snow went on to capture the period in countless Polaroids, a number of which are included in the Deitch memorial. These remain his best-known work, and they are rough stuff, if enlivened here and there with a touch of glamour: the artist and his friends, in varying states of intoxication and undress, creating a frame-by-frame document of strung-out nights on the Lower East Side at the millennium. Several were included in the 2006 Whitney Biennial. By then Snow had gone on to drawing, collage, video and installation pieces, all of which were indebted to the Dadaist techniques of appropriation and found art that is periodically revived in the youth culture, as with the 1960s “Happenings,” revivals of which Snow and his friends were also prone to mount. But Snow’s career made a direct appeal to some cultural follies that seem particularly contemporary: the art-world’s appetite for hot young talent and, in general, New York’s idea of itself as a city that will always be capable of fielding a homegrown avant-garde no matter how expensive the rent gets. Snow was not a street kid himself: He was, in fact, a scion of the De Menil family, as in the De Menils of Houston. A famous family heightened the street glamour of Snow’s output in a way that has always been peculiar to the Lower Manhattan art scene: He was the ruined prince of the downtown school. In 2007, at the peak of his career, Snow made the cover of New York magazine with the photographer Ryan McGinley and the artist Dan Colen. The piece was mostly about their “lifestyle.” Messrs. McGinley and Colen contributed to the show, as did the artists Nate Lowman and Hanna Liden, the artist’s ex-wife, Agathe Snow, as well as Snow’s former kindergarten teacher at the Trinity School, whose contribution was a touching letter. There was also a letter from a big shot at Sotheby’s to Snow’s grandmother, Christophe de Menil, a big shot’s big shot. He sent his condolences. Snow, the abiding subject of his own artwork, appears in most of the material on display here: bearded, tattooed, lovely to look at and doing his thing for the camera. In others, the artist is seen—heartbreakingly—keeping happy company with his girlfriend, Jade Berreau, and the couple’s 2-year-old daughter, Secret. One work in particular stays with you, while others recede: McGinley’s Dash Bombing (2000), of an 18- or 19-year-old Snow tagging a wall against a lit-up city sky. It’s youth’s magic. Snow’s own work may survive, or it may not. Snow never looked like he was going to turn out to be an especially good artist, and the sampling on display here does not rewrite that assessment. The drugs sealed the deal. He leaves behind a body of work, already yellowing with age, that is academically unconventional in a way that is hard to square with wild-man mythmaking. “Grisly Find in Subway,” reads an enlarged photograph of a newspaper column. The hot young artist of 2007 was working with Polaroids, Super-8 film and clippings from a city tabloid. Judging from the show, his talent was probably for graffiti. A reproduction SACER tag, emblazoned over the gallery’s front entrance, like a benediction, has more aesthetic kick. Snow’s reputation for life far outran his accomplishments in art. It will be difficult for future generations to understand, as arduous folly usually is in passing. Dash? Dash Snow? You had to be there. Follow Alex Taylor via RSS.
“The new bar down the street. Garden gnomes. Your date. What you don’t know, you Google, but what does Google know about you? Google knows a lot more about us than we know about them.” So begins the newest episode of Bloomberg TV’s Game Changers, a behind-the-music for the tech set. This week’s episode focuses on the search giant created by Larry Page and Sergey Brin. Reading between the lines of this promo clip, Bloomberg seems to be saying that Google knows I secretly go on dates with my garden gnome at the new bar down the street. Schmidt, get out my head! Seriously folks, The Observer has spotted a fascinating trend with Game Changers. The first week’s episode about Facebook replaced swear words with gentler euphemisms. The second episode on Apple went with the slightly bleeped f*ck. Will this week’s episode on Google go the full Carol Bartz and just start dropping unexpurgated f-bombs? Tune in and find out. Or just Google it the next morning. bpopper [at] observer.com Follow admin via RSS.
I LOVE bristle animals. They are so stinking cute! This is my winter display that I have set up in my dining room. I lucked out on obtaining all of these cuties because I have wonderful parents who happen to be shopping the after Christmas sale at Macy's and scooped up the lot for me:) My kids just love my take on a winter wonderland. Martha's isn't bad either:)
Forum Post: “To Undo the Folded Lie ; Resisting Palliatives in an Age of Oligarchic Excess ...", by Phil Rockstroh. Posted 1 year ago on April 9, 2012, 5:18 p.m. EST by shadz66 This content is user submitted and not an official statement “To Undo the Folded Lie”. Resisting Palliatives in an Age of Oligarchic Excess and Anthropocene Age Devastation. By Phil Rockstroh. April 09, 2012 "Information Clearing House" ( http://www.informationclearinghouse.info/ ) -- Wall Street is again flush with the electronic facsimile of the stuff once known as money. But this is a Botox Recovery: A superficial procedure, accomplished with a nerve paralyzing poison, reserved for the wealthy whose vanity has driven them to transform their faces into caricatures of corruption…to acquiring a countenance, frozen as a creepy doll, incapable of showing emotion -- a grotesque simulacrum of the human face. A Botox-distorted face reveals an individual with a distorted view of existence: that life's limits, in this case the process of aging, must be hidden, and by doing so, artifice trumps reality. In a similar manner, life under our current Botoxed economic and political structure seems a gruesome distortion of life itself -- a desperate gambit to veil the carnage inflicted by the monstrous excesses of oligarchic and Anthropocene Age exploitation of populace and planet. Upon seeing the face of a narcissist whose features have been willingly disfigured by Botox, one wonders the obvious: Does he even look in the mirror? Yes. But, as is the case with the One Percent, he only sees what he is desperate to see. He has succeeded in fooling himself, thus he believes he fools all who have the misfortune to gaze upon him. A stammered truth is more resonate to the heart than a well-told lie. Unfortunately, a habitually dissembling mindset will view the situation in reverse. All too often, internalized systems of viewing an unfolding event will determine an individual’s take on a given situation. If the institutions (e.g., familial, religious, governmental, mass media) that have influenced one’s method of perception are themselves compromised by internalized, self-resonating biases, then a type of carnival funhouse mirror effect comes into play (both on an individual and culture-wide basis) whereby distortions reflect distortions that, in turn, reflect those distortions…ad infinitum. Reality is made grotesque, and gross distortions are perceived as reality. This is why it is essential, on an individual basis, to develop a method of viewing that includes the heart, the gut, and all of one's senses. A lie only fools the mind; in contrast, truth reverberates throughout one's entire being. "All I have is a voice / To undo the folded lie." -- W.H. Auden At present, only slightly more than 40% of the population of the U.S. accepts the verifiable reality of global climate chaos. A constant barrage of propaganda in the form of fake science, contrived and propagated by massive, obscenely wealthy multi-national energy corporations, is one reason for the dismal and still declining number of the populace who cannot discern truth-seeking scientific inquiry from the dissembling of a big money-bribed cadre of hacks and PR flacks. This development, troubling enough on its own, is emblematic of a larger dilemma. The pervasive false consciousness, engendered by the atomized, artificial nature of existence within the corporate/consumer state -- e.g., the Media Age usurping of the innate longings of the human heart by transmuting desire into consumer craving -- has not only left consumerist true believers bereft of the ability to honestly process information -- but has rendered all too many unable to locate the source of their own suffering. It is impossible to sate empty appetite by more empty consumption. Conversely, the hollowness at the core of consumer state anomie can only be remedied by an awakening of the heart. How does one take this course of action? The answer is neither recondite nor inaccessible: by the time honored methods of grief, gratitude, and embracing an enthusiasm for social and political engagement. At present, the current societal and governmental arrangements give us ample opportunity for practice. Begin by: grieving for our abuse of the flora and fauna of this living planet; then, grieve for the suffering we bring to ourselves by these callous actions. Because, as long as we believe it is our birthright to exploit the planet, it follows that we will continue to believe it permissible to ruthlessly exploit one another by the same heartless methods. There is no need for a vengeful god above to punish us for our transgressions…we're doing just fine on our own. Trudging through life devoid of the warmth bestowed by a compassionate heart amounts to divesting one's self of soul -- i.e., rendering oneself not fully alive within life. What an awful form of punishment this is: to construct in the place within yourself where your heart should be positioned, a dungeon where you have become both the torturer and the tortured -- all ordered by a merciless despot (your willful mind, untempered by the counsel of a compassionate heart) who lords over the wasteland of misapprehensions that you have mistaken for the whole of existence. Both economic depression and so-called psychological depression are engendered by some of the same sources: clinging to a dying system of belief (such as the death cult of late capitalism) and refusing to embrace the end of things; the gripping grief of one who refuses to honor the dead by the closure provided by a decent burial. Thus not allowing the departed to rest…engaging them in an obsessive, one-sided conversation…demanding of the dead to do what they cannot do…rise and bring comfort to the living. Also, depression can originate from being made subject to dehumanizing repression vis-à-vis demeaning forces of exploitation. Often, individuals who are subject to depression, by force of habit, press down anger, imagination, eros – vital sources of propulsion and purpose. Hence, feelings of hopelessness will descend upon the psyche. Contrary to the highly profitable propaganda of pharmaceutical industry giants, depression, in the vast majority of cases, is not caused by a chemical imbalance. Anti-Depressants serve as palliatives for the demoralized workforce of the capitalist state. And these compounds are ineffective to boot. Study after study reveals antidepressants (SSRIs, in particular) are no more effective than a placebo. Although, these substances are not as harmless as sugar pills. Withal, anti-depressants are addictive. Withdrawal from these drugs is as painful and dangerous as with any other overused drug. The neurological model has proven to be a self-serving reductionist fallacy. Regardless of abstruse (demonstrably false) jargon involving neuron receptors, depression is a state of mind -- the stuff of subjective imaginings -- a means of giving shape to and describing the mysteries of the self and the world. Once depression (more accurately, sadness or grief or melancholia or ennui or the blues) is accepted as a changeable condition of the multi-verse of the human mind, its grip loosens…One's grieving soul simply longed for dialog…to leave its decrepit tower (after a necessary period of mourning, of course) and journey among other regions of the psyche; only it, in its isolation, had forgotten how to do so. If you're depressed to the point of contemplating suicide, your soul is not advising you to kill yourself…It is suggesting you kill the false consciousness that has tricked you into believing its imprisoning concepts apply to the totality of yourself and to your conception of life. Do not commit suicide; instead, expose and depose the usurper who schemes in the throne room of your heart. Send out dispatches from both the cityscape of your soul and its most remote regions. Give voice to your spirit's elations and your heart's suffering. The sterile nothingscape of depression blooms to vivid life by the embrace of the living images that rise from an open heart. And decaying beliefs make excellent compost. If not, desperation arrives. For example, the despair-engendered fantasy…of being raptured heavenward, or its secular counterpart…to be relieved of the stress and uncertainties, inflicted by commodified life, by winning the lottery. Deep within, one realizes that one has little prospect of escaping the stultifying, exploitative nature of the present order; as a consequence, citizens of the corporate state seize upon these desperate fantasies of release from its all-encompassing demands and burdens. Under late capitalism, people feel imprisoned by their social and financial circumstances; large numbers no longer believe they can change the course of their lives by means of their initiative and labor. The operatives of the One Percent (the shapers of cultural awareness) are dream twisters…usurpers of yearning. They are well aware that the heart's language is expressed in the lexicon of transformation…of the deep-dwelling human longing to find the sublime in quotidian experience…a mode of being we term freedom i.e., a desire to have one's unique character forged by one's choices in life, as one negotiates the happenstance of unfolding fate. Lottery mania and End Time fantasies reveal that the central premise of capitalism is a lie. Ergo, people realize under the current set-up that they will never be unburdened financially enough to pursue their heart's calling…only a highly unlikely spin of Fortuna's Wheel or a fairy tale-like summoning to a burden-free Heaven will ever set them free. These are the fantasies of a shattered people -- the craven beliefs and palliative remedies that are seized upon by a populace governed by entropy-ridden institutions that have lost any purpose other than self-perpetuation. Therefore, one has to be prepared to act as the structure crumbles. Accordingly, construct within yourself an authentic inner structure, as outwardly you do your part to help imagine and to create new political and cultural models…In short, act as if the inevitable collapse has already occurred. ad iudicium ... [This article is copied verbatim under "Fair Use" from : http://www.informationclearinghouse.info/article31037.htm + http://philrockstroh.com/ ]
Get into Glen Ivy Hot Springs spa free on your birthday! The owners aren’t stupid, they know they’ll let you in free, but you’ll bring your posse with you to celebrate. Regardless, you can save up to $52 on admission. Maybe they sold so many discounted gift cards earlier this year that now they’re hiking the price to make their money back. Well, I won’t pay that much, and my birthday has already passed, so you go and tell me how it is. Here’s the Glen Ivy hot springs spa website. The birthday deal is good only at the Corona mothership, not at the day spas. Here are the rules from their website: For your birthday, we’re letting you in the spa for free! We just ask that you bring ID so we know the day you go really is your birthday. Good on spa admission only. Not valid on the purchase of gift cards, services, food and beverage, retail purchases or gratuities. No cash value. Subject to change at any time. Other restrictions may apply. Other birthday deals:
The Ocean Biology Processing Group provides several support services including near realtime images and data ordering and subscriptions services. Use of these services is free, but does require registration. (If you are already a SeaWiFS Authorized User with a username and password to download data from this website, you're already registered!) Forgotten password New passwords will be sent to the email address we have on record. Change email address The MERIS data collection is available publicly at no cost to registered users who have agreed to the terms and conditions set by NASA and the European Space Agency (ESA) to access MERIS data. In order to download the MERIS data, you will need to have a registered user account with the Earth Observing System Data Information System User Registration Service (this is not the same as the registration system for OBPG Support Serives). In addtion, you will have to fill out additional questions pertaining to use of MERIS data and have agreed with ESA's terms and conditions.Create a new EOSDIS user account Once you have an EOSDIS account, to add authorization for MERIS data, enter your login information below and you'll be taken to a short form to fill out. You may search for MERIS data via the EOSDIS Reverb interface. * Your Name * Your Affiliation * Your reason for wanting registrationOnce approved, you will receive an email with your username and password.
The juniors had a good win against Geevagh on Friday evening last final score 5-11 to 1-7 U16’s lost to Drumcliff/Rosses Point in the first round of the championship. Final score line 4-07 to 2-6. Minors are at home on Thursday evening the 12th. They take on Enniscrone/Kilglass in the first round of the championship @ 7 o clock. Juniors are away to Owenmore Gaels on Friday evening the 13th @ 8.30. U16’s are at home on Monday evening the 16th. They take on Enniscrone/Kilglass @ 7 o clock in the 2nd round of the championship BUNNINADDEN COMMUNITY CENTRE COMMITTEE are holding a Family Fun day in aid of Bunninadden Community Centre refurbishment. The fun day will take place on Sunday 29th July in Ballinalack Park Bunninadden. The committee are inviting everyone to come along to what promises to be an enjoyable day for all ages! Among the events a Rounders match has been organised between the All Ireland Finalists of 1997, 2002 and 2005. Each of these teams achieved a lot at underage. For the children:- Bouncing Castles, Face painting, running, egg and spoon race, tug-of-war, sack race (so bring your sacks), penalty shots The adults won’t be left out either with their own sack race, Wellington throwing, tug-of-war, target shooting and lots more. A barbecue has been organised for the day and the tuc shop will be opened for tea and refreshments.
This image shows the global average annual occurrence of lightning at a resolution of ½° by ½°. (Very large 300 dpi version - 1440k) The data was obtained from the following two space-based sensors: The Lightning Imaging Sensor (LIS), is used to detect the distribution and variability of total lightning (cloud-to-cloud, intracloud, and cloud-to-ground lightning) that occurs in the tropical regions of the globe. The LIS is a science instrument aboard the TRMM Observatory, which was launched on November 28, 1997 from the Tanegashima Space Center in Japan.The Optical Transient Detector (OTD) is a solid-state optical sensor similar in some ways to a TV camera. It is uniquely designed for the job of observing and measuring lightning from space.
Today I sold my Gold put option that I bought for 49,66 USD/oz on August 23 2011. I sold it for 151,43 USD/oz, or a profit of 205% on my invested capital. The gold put option was a position in my trading account. A speculative play that I make with less than 10% of my total trading account size. I use put options when I detect a parabolic rise of an asset. The options limit the possible loss if I’m wrong, but they also offer me opportunity to leverage my trade. I always buy out of-the-money options, so I pay cheap premium for the option. As after parabolic rise, I do expect huge correction, I prefer to buy cheap out-of-the options and risk less capital for a high return, if I’m right. I also buy the options for a short period of time. Usually I buy options for few months, so they are cheap. In this case my option was bought until November 15 2011. Summary: Gold put option bought on August 23 2011, for 49,66/oz, with gold price strike 1770 USD/oz, and expiration date 15 October 2011. The gold option was sold on 23 September 2011, for 151,43 USD/oz or a 205% ROIC. Please see my previous parabolic bets on Silver and Swiss franc and how they ended with huge profits.
More than sixty hours of footage documenting the NYPD raid on the Occupy Wall Street encampment at Zuccotti Park appeared online Sunday night, nearly one year after the event. Members of Anonymous, the hacking activist network, announced that the footage was leaked from the NYPD’s Technical Assistance Research Unit (TARU), a subsection of the department that films the police during political demonstrations. This release of the footage is the first major public documentation of the raid on November 15, 2011, when the police arrested approximately 200 people and ended the nearly two-month occupation of Zucotti Park. The video shows crowds of people being dragged out of the park by the police, who then ransacked the camp and tore down all of the standing structures including the Kitchen, the Library and the Medical Tent. The footage also shows the police sawing through chains to break the lockdown at the center of the park, where six people chained themselves together with bicycle U-locks attached to their necks. Others chained themselves to trees and railings inside the park. Many of these events have not been fully documented until Sunday night because the NYPD arrested, harassed and blocked journalists from reporting during the night of the raid. There were reports that both subway stations around and the airspace above Lower Manhattan was closed. “The brash manner in which officers ordered reporters off the streets and then made them back off until the actions of the police were almost invisible is outrageous,” The New York Press Club later said in a statement. “We want the department to investigate the incidents involved this crackdown on Zuccotti Park, and we want assurances it won’t happen again.” Some AP journalists were so incensed by the arrest of an AP reporter and photographer that they reported the events on Twitter before the story went out on the wire, which later provoked a staff-wide email reprimanding reporters from breaking policy. Sunday night, Anonymous announced the release of the sixty hours of footage in a two-minute teaser video posted on YouTube. Narrated by a single person wearing a Guy Fawkes mask and a police uniform, the video explains: “On November 15, 2011, the NYPD surrounded Zuccotti Park and proceeded to forcefully dismantle the Occupy Wall Street encampment. As part of this effort, the authorities made all media leave this scene and the only images of what happened came from livestreamer who stayed in the center of the park until his arrest and one other citizen journalist who kept filming on his camera and managed to smuggle his footage after the arrest zone.” The narrator encourage viewers to scour the film for evidence of police brutality and misconduct. New York Police Department Deputy Commissioner Paul Browne contested that the video was leaked from the TARU unit. He instead claims that citizen journalists and activists shot much of the video that night and that other hours of the footage may have come from evidence that the NYPD has already turned over to defense attorneys. Browne also took issue with the Anonymous narrator’s police uniform, telling Politicker, “The ‘badge’ of the left shirt pocket is clearly bogus.” There are numerous pending lawsuits against the NYPD stemming from alleged police misconduct during the raid. One lawsuit, brought by the OWS Library, is suing the department for $47,000 for destroying or confiscating nearly 5,000 books. The raid came the same night that members of Occupy Wall Street were planning an expansion of the encampment to another site in Lower Manhattan located at Sixth Avenue and Canal Street. Some believe that the raid itself was timed in order to thwart the expansion of the movement. Anonymous activists themselves have often been the target of police raids and state oppression. Last July, in a coordinated crackdown against Anonymous, the FBI, Dutch National Police and the Metropolitan Police of London arrested 14 people allegedly associated with the online activist network. 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New Year Brings Advances in OFA/ANLA Consolidation, First Joint Education Program This week, OFA - The Association of Horticulture Professionals and the American Nursery & Landscape Association (ANLA) will launch their first joint event as they co-host Next Level, an educational conference designed to help participants develop their business acumen and personal leadership skills. Next Level will be held January 31-February 2 at the Gaylord Opryland Resort and Convention Center in Nashville, Tennessee. The conference represents one of the significant achievements of the proposed consolidation between the two groups. "Beginning last summer, a volunteer advisory group made up of members from both organizations worked with our collective staff to develop this built-from-scratch Next Level conference. This event is the beginning of great things to come for our organizations and our profession," said Michael Geary, CAE. Effective January 1, 2013, Geary assumed the responsibilities as Executive Vice President of ANLA, and now serves as the chief staff executive of both organizations, with offices in Columbus, Ohio and Washington, D.C. After serving as ANLA's Executive Vice President for 21 years, Bob Dolibois retired on December 31, 2012. Following one year of working together in a joint venture structure, the boards of directors for both organizations resolved at the end of last year to continue supporting the development of a comprehensive horticultural trade association, including the planned governance structure. The plan is to launch the new association by January 1, 2014, pending approval by members. The new organization will represent the whole of the ornamental plant industry, including breeders, greenhouse and nursery growers, garden center retailers, distributors, interior and exterior landscape professionals, florists, students, educators, researchers, manufacturers, and all of those who are part of the industry supply chain. "Some people wonder why we are doing this. It's because our members want this to happen," said Bob Terry, ANLA's president and owner of Fisher Farms in Gaston, Oregon. A membership and organizational study performed at the end of 2011 indicated members of both associations want the organizations to work closer to unify the industry. "Members clearly expressed their preference for their association to be all encompassing-one that touches and links all pieces of the horticulture industry. From breeders to the independent retailers, we believe this can be best accomplished by combining our groups into one organization," explained Terry. "The combined 215 years of leadership, service, knowledge, and history of these two organizations will result in a more robust experience for our members and ensure the vitality of the horticulture industry," said Mike McCabe, OFA's president and co-owner of McCabe's Greenhouse & Floral in Lawrenceburg, Indiana. Before the consolidation is finalized the two organizations will be working to secure the formal support of their respective memberships, merge operations, complete corporate and legal requirements, determine a dues structure, and confirm a new name, among other activities. In the meantime, both groups will continue to offer their respective member services and industry-wide programs. As progress continues, updates will be shared with members and made public at OneVoiceOneIndustry.com. "It's a very exciting time for the horticulture industry," said Geary. "The future success of the industry, which includes the entire supply chain, will require different thinking and grander strategies from all of us," he added. Questions or comments about the consolidation efforts may be directed to firstname.lastname@example.org. For more information about Next Level visit www.yournextlevel.org.
Frank Delaney’s novel The Matchmaker of Kenmare didn’t strike me as a particularly good book, although I found myself absorbed in the last 100 pages or so wanting to know how things turned out. But I did enjoy it at times because it’s set in the part of Ireland Hobgoblin and I will be traveling to this May (we were supposed to go last year but the trip got canceled — this year it’s on — yay!). We will be staying in Dingle, which gets a mention now and then, and much of the action takes place on the coast and in the countryside near our little town. It was fun to read about the place we will be staying. As for the novel itself, it’s set during World War II and tells the story of Ben McCarthy, a folklorist who travels around the country collecting stories and is trying to recover from a broken heart after his wife mysteriously disappeared, and Kate Begley, the matchmaker of the title, a young woman learning how to ply the matchmaking trade from her grandmother. The two meet and strike up a somewhat combative friendship. They meet the American intelligence officer Charles Miller, and Kate falls in love. She also starts working for Miller, or so Ben surmises as he watches them having mysteriously intense conversations. Kate’s involvement with Charles takes them first to London, and later into France, Belgium, and Germany. Even though the war is winding down and Ben and Kate are partly protected by Ireland’s neutral stance in the war, they find themselves in way over their heads. It was interesting to read about how the war affected Ireland; it remained neutral throughout, but was still in danger as both England and Germany saw it as important strategically. The characters have to figure out what they think about both sides and how they can best protect themselves. The work the two characters do when they aren’t off on their war escapades is also interesting, both the stories Ben hears and records and the couples Kate brings together. The problem with the book, I thought, lies in the way the first person narrator, Ben, tells the story. He is writing to his children from the vantage point of old age, filling them in on his life story, and he constantly hints in ominous tones about the very exciting things that are about to happen. We get lots of comments of the “little did I know …” variety: That was the moment at which two strangers walked into the dance hall — and that was the beginning of so many things, and the continuation of so many things, and the end of so many things…. A couple of hours later, when the afternoon had grown quieter, the rest of our lives began. We all heard the engine, we all listened from our respective chairs, and I swear to this day that I knew who had arrived — the two young American soldiers from last night. A third man rode with them, and he was the world changer…. Indeed I can say now that however rambling they may seem, my Digressions will serve a purpose. I think you get the idea. The book would have worked better if told in a more direct manner, without all the editorializing from the older version of Ben. I’m fine with the set-up of a character telling his children the story of the most exciting part of his life, but it needs to be done in a much smoother way and it needs to keep the reader more consistently immersed in the action. The book does have its pleasures — as you can imagine, the love triangle that develops between Kate, Ben, and Charles is consistently interesting — but, unfortunately, the quality of the writing kept interfering with the fun.
I found a year-old [home canned] jar of mangoes in syrup in my pantry. They aren't spoiled and still very good so I sliced them really thin to fill the pandan crêpes I had been planning to make. I stacked the crêpes and mango and cream filling instead of fill/roll individually. It is not such a brilliant idea because they went slipping and sliding when I cut the "cake" into slices. It's okay, though, because it is so good and with chocolate sauce is extra yummy. I just pushed them back together to make it look tidy. I'll make a proper pandan chiffon layer cake with similar filling next time. Pandan Crêpe Layer Cake 1 cup sifted all-purpose flour 1 cup milk ½ cup pandan water (blend 6 pandan leaves with ½ cup water and strain) ¼ teaspoon sea salt 4 tablespoons light olive oil 3 drops green food dye gel thin slices of ripe mangoes 1 cup heavy cream 2 tablespoons condensed milk - Mix crêpe ingredients except butter in a blender until smooth. Heat a 7-inch skillet, rub with butter and pour about a quarter cup of batter, rotating the pan quickly to spread evenly. Cook on medium-low heat until edges are dry, lift, and flip to cook the other side. Stack on a plate and let cool completely. - Prepare the cream filling: Whip the heavy cream to soft peaks. Add condensed milk and whip for 30 seconds until blended. - Fill individually with mangoes and cream, roll and place on a plate seam side down. Drizzle with chocolate sauce. Or, if you prefer the layered look: place one crêpe on a platter, arrange sliced mangoes on top, spread 2 tablespoons of cream and repeat with the rest of the crêpes and filling, and a crêpe on top. Cut into 6 slices. Drizzle with chocolate sauce. all my favorites in one yummy dessert: pandan, mangoes, cream, condensed milk, chocolate
An Oklahoma gun vendor, set up at a weekend gun show in Oklahoma City, was passing a handgun to a potential buyer when the gun discharged. The dealer did not realize there was a bullet still in the chamber of the gun. The dealer's teenage son was shot in the leg. Police check guns at the door of the event to make sure they are unloaded and properly marked, but they do not check guns sold by vendors. It should be noted that the handgun in question was from the dealer's private, personally owned collection. This means there would be no criminal background check run on the buyer.
Ohio City Multimodal Transportation Plan Dear Ohio City Stakeholder, - Implementing Complete Streets - building off of the Complete Streets investment being made by the Ohio Department of Transportation on the Lorain-Carnegie Bridge and Abbey Road through implementation of increased bike lanes, bike parking, and traffic calming for pedestrians as recommended by the Ohio City Market District Multimodal and Launch Lorain planning studies. - Transit Oriented Development (TOD) - developing mixed-use housing adjacent to the RTA Red Line West 25th Street Rapid Station which serves over 360,000 arrivals and departures annually on weekdays. While cycling, pedestrianism, and public transportation are viable and increasingly popular options for reaching Ohio City, the current reality is that the majority of the neighborhood's 3-million plus annual visitors arrive by car. In order to address the increased parking demand in the neighborhood, Ohio City Inc has developed several options for better utilizing existing parking options in the neighborhood. The proposed Transportation Plan will also create newly available parking without demolishing any existing structures and actually decrease the amount dedicated to surface parking in the neighborhood. - A comprehensive neighborhood wayfinding system - Valet and employee parking for those who work in the neighborhood, which will secure more than 400 parking spaces during key business hours and will free up more public spaces for visitors in the Market District. - Consolidation of the Hick's and West Side Market Customer lots, which will add 150 parking spaces without demolishing any structures and will improve lighting and security. Parking will be free for the first 90 minutes and will cost only $2.00/hour after. This will be considered Phase I. - A Market District Structured Parking Facility garage that will provide 500 additional public parking spaces without increasing the number of surface lots in the neighborhood. Considered Phase II, the facility will serve both the private and non-profit institutions in Ohio City as well as overflow parking for West Side Market and Market District customers. - A sustainable, 21st-century transportation plan that will accommodate future growth in Ohio City that takes into account all modes of transportation including walking, biking, public transit, and driving - Safer and more secure parking options, as paid parking lots will be professionally managed and monitored - Easier access to on-street parking for residents in congested areas - More than 350 additional parking spots at peak hours for those visiting the Ohio City neighborhood Join Councilman Cimperman at a public meeting on July 31, 2012 at 6pm at Franklin Circle Church (1688 Fulton Road). Ohio City Inc will be present to discuss the transportation plan. Freshwater Cleveland - July 19, 2012 ohio city plan aims to rebuild neighborhood around multimodal transportation The Cleveland Plain Dealer - July 19, 2012 Ohio City steers toward a parking space solution: editorial The Cleveland Plain Dealer - July 12, 2012 West Side Market parking could become single paid lot, with validation for shoppers
Bava Kama 30 - 36 Not Getting What You Didn't Ask For One claims that another owes him wheat which he loaned him. The defendant responds to this claim by admitting that he borrowed barley from him. The Sage Rabba bar Nosson rules that the defendant is exempt not only from repaying the wheat but from repaying the barley as well. Bava Kama 35b We can readily understand why there is no obligation to repay the wheat. The claim is not backed by any evidence nor has it elicited any admission. But why should he not have to repay the barley which he owes by his own admission? A number of explanations have been offered: - Since the claimant did not mention barley in his claim it is considered as if he said he was waiving any claim to barley. Rashi and Tosefos - Since he claimed the wheat was borrowed at a specific hour on a specific day it is considered an admission on his part that barley was not borrowed at that time. This admission negates the admission of the defendant and exonerates him. Rabbeinu Asher (Rosh) - An admission is irrevocable evidence of responsibility only when it is in response to a claim. Since there was no claim made regarding the barley the defendant can renounce his admission by claiming that he made it only in jest. Rabbi Meir Halevi Three Dimensions of Perfection The very righteous men of old disposed of their thorns and broken glass by burying them in their fields three handbreadths deep to assure that a plow would not unearth them and threaten the security of others who might somehow be harmed by these objects. How does one become a very righteous man? "Fulfill the laws regarding damage to others", says Rabbi Yehuda. "Fulfill the ethical guidelines in 'Ethics of the Fathers,'" says the Sage Rava. "Fulfill the laws regarding making of blessings," say others in his name. - Bava Kama 30a A very righteous man is one who conducts himself in the best possible way. There are three categories of good deeds: Those done in relation to Heaven, in relation to fellow man, and in relation to self. Each of the Sages was focusing on one of these dimensions. One who fulfills the laws regarding damages will perfect himself in his relationship with others. Following the counsel in "Ethics of the Fathers" will enable a man to perfect his character and improve himself. Fulfilling the laws concerning blessings will perfect him in his relationship with Heaven.
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WASHINGTON (January 21, 2004) -- Sixteen new members have been added to the United States Conference of Catholic Bishops" National Advisory Council, a 63-member body which meets semi-annually to review documentation and offer recommendations concerning matters before the United States Conference of Catholic Bishops. Joining the Council as a representative from the Council of Major Superiors of Women Religious is Sister M. Maximilia Um, FSGM, of Washington, DC. In the Diocesan Priest category, new diocesan priest representatives, elected to four-year terms, are: Reverend Kenneth S. Van Haverbeke, Wichita, KS; Reverend Richard Vega, Lompoc, CA; Reverend James S. Wall, Phoenix, AZ. From the fourteen regions of the Conference, those having regional elections in 2003 have announced the following new lay men and women representatives who will serve a four-year term: Region 1: John Deckro of Cape Elizabeth, ME, and Dr. Marie Hilliard of Canton, CT. Region 4: Shane Goettle of Woodbridge, VA, and Lourdes Travieso-Parker of Gloucester, VA; Region 6: Patrick Quinn of Grand Rapids, MI, and Leslie Young of Columbus, OH; Region 10: Johnnie Dorsey, Sr., of Austin, TX, and Alicia Alvarez of Lubbock, TX; Region 11: Douglas Rodrigues of Loma Linda, CA, and Gwendolyn Mitsui of Mililani, HI; Region 14: Frederick M. Fisher, Jr. of New Bern, NC, and Rebeca Boudreaux of Plymouth, NC. The 2004 officers of the Council are Mrs. Adriana Vlasic, Bloomfield Hills, MI, Chairperson; Sister Linda Werthman, RSM, Farmington Hills, MI, Chairperson-Elect; Mrs. Rose Hogan, Anna, IL, Secretary; Mr. Juan Escobar, Pottstown, PA, Internal Affairs; Reverend William D. Hammer, Louisville, KY, Reactive Chairperson; Monsignor Richard Sniezyk, Springfield, MA, Proactive Chairperson. The past Chairperson of the Council is Mr. Brian Corbin, Youngstown, OH.
USCCB News Release June 27, 2008 FOR IMMEDIATE RELEASE Bishops Launch Pauline Year Website WASHINGTON---In time for the Year of St. Paul, beginning June 28, the Secretariat of Divine Worship of the United States Conference of Catholic Bishops (USCCB) has launched a website dedicated to the Pauline year honoring the 2000th anniversary of the birth of St. Paul. The site is designed to provide resources and related materials to those interested in participating in and learning more about the year-long celebration. The website contains links to dates and events for liturgical observances that will mark celebrations throughout the year. Several links connect directly to the Vatican website to provide access to documents, for example, which explain related plenary indulgences granted by Pope Benedict XVI and homilies he has delivered in anticipation of the Year of St. Paul; others explain guidelines for Votive Masses and provide readings and prayers for participants’ use in Holy Hour observances honoring St. Paul. Monsignor Anthony Sherman, executive director of the USCCB’s Secretariat of Divine Worship explained that growing interest among Catholics since Pope Benedict announced the Pauline Year a year ago has spurred the need for the website and greater access to information about the observance. "Many dioceses have asked for resources for the Pauline Year and, through this website, we hope to provide practical and easy-to-use resources," Monsignor Sherman said. This includes a Spanish language version of the site, according to Monsignor Sherman, that should be ready over the next couple of weeks. Pope Benedict announced the special observance in honor of St. Paul on June 28, 2007 at the Basilica of St. Paul Outside-the-Walls while celebrating First Vespers of the Solemnity of Saints Peter and Paul. The Secretariat’s Pauline Year website resources are available at http://www.usccb.org/liturgy.
Front Page Authors (by Period) Lao Tzu Search this person’s writing: 600 BC - — About the Author Lao Tzu (or Laozi) is remembered as the first philosopher of Taoism. He is often cited as a contributor to, if not the author of, the Tao-te Ching, the basic philosophical discourse on Taoism. His life is shrouded in mystery and legend, but it is generally accepted that he was active sometime in the early sixth century B.C. and served as a resident scholar, called a shih, at the royal court of the Shou. By the seventh century A.D. he was worshipped as an imperial ancestor by the T’ang and regarded by commoners as the equivalent of a Western saint, or demigod. Legend says that an aged Lao Tzu upbraided a young and overconfident Confucius and that the young man later compared Lao Tzu to a dragon rising in the sky, riding on the winds and clouds. In The Library:
Online Library of Liberty A project of Liberty Fund, Inc. This layout is optimized for screen readers and other assistive devices for the visually impaired. The Complete Poetical Works of Alexander Pope. Cambridge Edition, ed. Henry W. Boynton (Boston and New York: Houghton, Mifflin and Co., 1903). This collection includes Pope’s poems, translations of Ovid and Homer, An Essay on Criticism, The Rape of the Lock, An Essay on Man, and his Moral Essays. The text is in the public domain. This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. An attempt has been here made for the first time to include all of Pope’s poetical work within the limits of a single volume; and to print the poems in an approximately chronological order. It has been often difficult, and sometimes impossible, to determine the exact date of a given poem; and the known order of composition has been modified so far as to permit a method of grouping the shorter poems which has been followed in other volumes of his series. Only the twelve books of the Odyssey which were Pope’s own work are here included, and all of the notes to Homer are omitted. Most of Pope’s own notes to the poems have been retained, except in the case of certain notes on The Dunciad, which are so voluminous or so trivial as to find no proper place within the necessary limits of this edition. The allusions to Pope’s contemporaries are so numerous, particularly in the Satires, the Moral Essays, and The Dunciad, that it has seemed advisable to rid the main body of notes of such names as are of especial importance, or are frequently mentioned. The Glossary of Names will, it is hoped, prove useful in obviating the necessity of cross-reference. The text is the result of collation, but is based upon that of the standard Croker-Elwin-Courthope edition. As to the details of capitalization and abbreviation, a uniform though necessarily somewhat arbitrary usage has been adopted. The study of facsimiles has shown that the poet himself employed capitals quite without method. They are here used only in cases of personification or of especially important substantives. As a result of his religious preservation of the decasyllabic form of pentameter, Pope employed marks of abbreviation so profusely as often to produce a page distressing to the modern eye, and not really helpful to the modern ear. Many editors have therefore abandoned these marks altogether; in this edition they have been retained wherever they did not appear likely to prove a stumbling-block to the present generation. The usual indexes have been furnished, and a brief bibliographical note, which, while it does not pretend to exhaustiveness, may be of aid to the general reader. H. W. B. Alexander Pope was born in London, May 21, 1688. We cannot be sure of anything better than respectability in his ancestry, though late in life he himself claimed kinship with the Earls of Downe. His paternal grandfather is supposed to have been a clergyman of the Church of England. His mother, Edith Turner, came of a family of small gentry and landowners in Yorkshire. Alexander Pope, senior, was a successful linen merchant in London; so successful that he found it possible to retire early from business, and to buy a small estate at Binfield, on the edge of Windsor forest. To this estate, in Pope’s twelfth year, the family removed from Kensington, and here they lived for sixteen years. In 1716 they removed to Chiswick, where a year later the father died. Soon afterwards Pope, then a man of note, leased the estate at Twickenham, on which he was to live till his death, in 1744. The circumstances of Pope’s early life were in many ways peculiar. One of the main reasons for the choice of Binfield was that a number of Roman Catholic families lived in that neighborhood. They formed a little set sufficiently agreeable for social purposes, though not offering much intellectual stimulus to such a mind as Pope’s very early showed itself to be. But if to be a Roman Catholic in England then meant to move in a narrow social circle, it carried with it also more serious limitations. It debarred from public school and university; so that beyond the inferior instruction afforded by the small Catholic schools which he attended till his twelfth year, Pope had no formal education. Two or three facts recorded of this school experience are worthy of mention: that he was taught the rudiments of Latin and Greek together, according to the Jesuit method; that he left one school in consequence of a flogging which he had earned by satirizing the head master; and that at about the age of ten he built a tragedy on the basis of Ogilvy’s translation of Homer. At twelve he had at least learned the rudiments of Greek, and could read Latin fluently, if not correctly. So far as his failings in scholarship are concerned, Pope’s lack of formal education has probably been made too much of. He had no bent for accurate scholarship, nor was breadth and accuracy of scholarship an accomplishment of that age. Addison, whose literary career was preceded by a long period of university residence, knew very little of Greek literature, and had a by no means wide acquaintance with the literature of Rome. Yet scholarship in those days meant classical learning. Pope might no doubt have profited by the discipline of a regular academic career. He needed, as Mr. Courthope says, ‘training in thought rather than in taste, which he had by nature.’ But such a mind as his is not likely to submit itself readily to rigid processes of thought. It is impossible not to see, at least, that the boy Pope knew how to read, if not how to study; and that what Latin and Greek he read was approached as literature,—a method more common then than now, it is probable. ‘When I had done with my priests,’ he wrote to Spence, ‘I took to reading by myself, for which I had a very great eagerness and enthusiasm, especially for poetry; and in a very few years I had dipped into a great number of English, French, Italian, Latin, and Greek poets. This I did without any design but that of pleasing myself, and got the language by hunting after the stories in the several authors I read: rather than read the books to get the language.’ Virgil and Statius were his favorite Latin poets at this time, as is attested not only by the Pastorals and the early translations of the Thebais, but by the innumerable reminiscences, or ‘imitations,’ as Pope called them, which may be traced in his later work. In the meantime, as a more important result of his having to rely so much upon his own resources, his creative power was beginning to manifest itself with singular maturity. At twelve he wrote couplets which were long afterwards inserted without change in the Essay on Criticism, and even in The Dunciad. The Pastorals, composed at sixteen, though conventional in conception and not seldom mechanical in execution, contain passages in the poet’s ripest manner. With the Essay on Criticism, published five years later, Pope reached his full power. Such development as is to be found in his later work is the result of an increase in mental breadth and satirical force. His style was already formed. Whatever may have been the importance, for good and ill, of Pope’s early method of education, a far more potent factor in determining the conduct of his life and the nature of his work lay in his bodily limitations. The tradition that in his childhood he was physically normal is made dubious by the reported fact that his father was also small and crooked, though organically sound. At all events, the Pope whom the world knew was anything but normal,—stunted to dwarfishness, thin to emaciation, crooked and feeble, so that he had to wear stays and padding, and all his life subject to severe bodily pain. Pope’s relations with other men were seriously affected by this condition. Masculine society in eighteenth-century England had little place for weaklings. The late hours and heavy drinking of London were as little possible for the delicate constitution of Pope as the hard riding and heavy drinking of the country gentlemen with whom he was thrown at Binfield. In a letter from Binfield in 1710 Pope writes: ‘I assure you I am looked upon in the neighborhood for a very sober and well-disposed person, no great hunter, indeed, but a great esteemer of the noble sport, and only unhappy in my want of constitution for that and drinking.’ It is a misconception of Pope’s character to suppose him lacking in a natural robustness of temper to which only his physical limitations denied outlet. Before reaching manhood he had been given more than one rude lesson in discretion. At one time over-confinement to his books had so much reduced his vitality as to convince him that he had not long to live. A fortunate chance put his case into the hands of a famous London physician, who prescribed a strict diet, little study, and much horseback riding. Pope followed the advice, recovered, and thereafter, for the most part, took excellent care of himself; it was the price which he had to pay for living. One unfortunate result was that he was thrown back upon the companionship of women, always petted, always deferred to, always nursed. Such conditions naturally developed the acid cleverness, the nervous brilliancy of the poet Pope; and it is matter of great wonder that from such conditions anything stronger should survive; that there is, when all is said, so much virility and restraint in the best of his work. The Pastorals, Pope’s first considerable poetical achievement, were according to the poet written in 1704, at the age of sixteen. They were, like all modern pastorals, conventional; but they contain some genuine poetry, and are wonderful exercises in versification. Their diction is often artificial to the point of absurdity, but now and then possesses a stately grace, as in the famous lines:— Pope had probably been encouraged to write the Pastorals by Sir William Trumbull, to whom the first of them is inscribed. Trumbull was a man of Oxford training, who after a distinguished diplomatic career had come to end his life upon his estate near Binfield, and who had been drawn to the deformed boy by the discovery of their common taste for the classics. For some time before the publication of the Pastorals the manuscript was being circulated privately among such men of established literary reputation as Garth, Walsh, Congreve, and Wycherley, and such patrons of letters as George Granville, Halifax, and Somers. To Walsh in particular Pope afterward expressed his obligation. ‘He used to encourage me much,’ we read in a letter to Spence, written long after, ‘and used to tell me there was one way left of excelling: for though we had several great poets, we never had any one great poet that was correct; and he desired me to make that my study and aim.’ The dictum has become famous, but though Walsh probably meant, by ‘correctness,’ justice of taste as well as measured accuracy of poetic style, his over-praise of the Pastorals leads us to think that form was the main thing in his mind. If Pope’s statement of the date at which the Pastorals were written is reliable, however (and we must keep in mind from the outset the fact that, as Mr. Courthope says, Pope in mature life ‘systematically antedated his compositions in order to obtain credit for precocity’), he did not become acquainted with Walsh until some time after they were written. The critic’s advice, therefore, amounted simply to an encouragement in pursuing the method which Pope had already adopted: in employing a more rigid metrical scheme than any previous poet, even Sandys or Dryden, had attempted. The bookseller Jacob Tonson was shown the manuscript, and offered to publish it; and in 1709 it appeared in Tonson’s Sixth Miscellany. Through Walsh Pope became acquainted with Wycherley, who introduced the young poet to literary society in London; that is, to the society of the London coffee-houses. The character of the older resorts had already begun to change. Even Will’s had ceased to be the purely literary club of Dryden’s day. It was natural that the age of Anne, in which increasing public honors were paid to literary men, should have been also an age in which literary men took an increasing interest in politics. At about the time when Pope first came up to London, Whig and Tory were beginning to edge away from each other; and though Will’s for a time remained a sort of neutral ground, the old hearty interchange of thought and companionship was no longer possible. Part-political, part-literary clubs, like the Kitcat, the October Club, and the Scriblerus Club, sapped the strength of the older and freer institution; and its doom was sealed when in 1712 Addison established at Button’s a resort for literary Whigs. During his first years of London experience, Pope probably knew Richard Steele more intimately than any one else. They had met at Will’s, and through Steele Pope had been presented to Addison, and had later become a frequenter of Button’s. It was Steele who urged Pope to write the Ode on St. Cecilia’s Day, who got his Messiah published in The Spectator and printed various short papers of his in The Guardian. Another Whig friend was Jervas the painter, a pupil of Kneller, but an artist of no very considerable achievement. The poet at one time had some lessons in painting from him, and always held him in esteem. So far Pope allowed himself to associate with the Whigs; but he had no intention of taking rank as a Whig partisan. If he wrote prose for Whig journals, it was in honor of the Tory government that the conclusion was added to Windsor Forest in 1713. To Swift’s admiration for this poem, Pope owed the beginning of his life-long friendship with the Dean; but it was a friendship which committed him no more to Toryism than Addison’s had to Whiggery. ‘As old Dryden said before me,’ he wrote in 1713, ‘it is not the violent I desire to please; and in very truth, I believe they will all find me, at long run, a mere Papist.’ One amusing fact about Pope’s early experience at Button’s is that he is known to have commended the verses of Addison’s satellites, Budgell and Tickell and Philips, whom later he was to attack so bitterly. The first cause of offence was not long in coming; and an offence sown in the mind of Pope was certain to grow very fast and to live very long. The story of Pope’s falling out with Addison and his friends is the story of the first of a long series of personal enmities which embittered Pope’s life, and, it is too clear, impoverished his work. The Pastorals were published by Tonson at the end of a volume which opened with some exercises in the same kind of verse by Ambrose Philips. Pope was disposed to commend the work of Philips, even going so far as to say that ‘there were no better eclogues in the language.’ His ardor was somewhat cooled when The Spectator, in a paper which was unmistakably Addison’s, printed an extended comparison of his work and Philips’s, considerably to the advantage of the latter; and was converted into a cold rage by the fact that presently the position taken by The Spectator was expanded in five papers in The Guardian. The subtlety and ingenuity of Pope’s method of retort was an interesting indication of the disingenuousness which became a settled quality of his prose writing. Whatever his poetry may not have been, it was certainly downright; but his method of getting it before the public, of annotating it, and of reinforcing its thought, was habitually circuitous and not seldom dishonest. Pope promptly wrote a sixth paper to The Guardian, ostensibly keeping to Tickell’s argument, but really speaking in irony from beginning to end, picking out the weakest points in Philips’s style and matter, and damning them by fulsome praise. Steele, it is said, was so far deceived as to print the paper in good faith. Pope’s revenge among the wits was complete; but he never forgot a score by paying it. In the Satires and The Dunciad, poor namby-pamby Philips comes up again and again for a punishment to which, in recompense, he now owes his fame. Pope’s attitude toward Addison is a more serious matter to the critic. Up to the year 1714 Pope, whatever irritation he may have felt toward Addison, had chosen to ‘take it out of’ the followers of the great man rather than out of the great man himself. The insertion of the Tory passage in Windsor Forest might have been taken as a direct challenge to the Whig champion, whose famous celebration of the Whig victory at Blenheim had been so popular. That his relations with Addison were not affected by it is shown by his supplying a prologue for Cato, which was produced within a month of the publication of Windsor Forest. Cato itself was to supply the real bone of contention. It was attacked by the veteran critic John Dennis, against whose strictures Pope undertook to take up the cudgels, in an anonymous Narrative of Dr. Robert Norris on the Frenzy of J. D. It is uncertain whether Addison suspected that Pope was its author, and that his championship was inspired by the desire for personal revenge for Dennis’s treatment of the Essay on Criticism; but he disclaimed responsibility for the rejoinder in a letter written for him to the publisher by Steele. The result was a resentment which bore its final fruit in the lines on Atticus in the Epistle to Dr. Arbuthnot. Addison, it must be noticed, had warmly praised the Essay on Criticism (1711), and the simpler version of The Rape of the Lock, published a year later; but the publication of Tickell’s version of the first book of the Iliad simultaneously with Pope’s first volume, and Addison’s preference of the weaker version, does not leave the latter quite free from suspicion of parti pris. Whatever may have been the rights of the difficulty between Addison and Pope, there is no doubt that in one point, evidently a mere point of judgment, Addison was wrong. After pronouncing the first version of The Rape of the Lock, published in 1712, ‘a delicious little thing, and merum sal,’ he advised against Pope’s plan for expanding it. Without the additions which the author made, in spite of this advice, it would hardly stand, as it now does, an acknowledged masterpiece in its kind. Despite the apparently local and temporary nature of its theme, the poem attracted much greater attention when, in 1714, it appeared in the new form. The poem affords the purest expression of Pope’s genius: his imagination applied without strain to a theme with which it was exactly fitted to cope, his satirical power exercised without the goad of personal rancor, and his light and elegant versification unhampered by the fancied necessity for weightiness. Nothing more just has been said about the poem than this by Hazlitt (On Dryden and Pope): ‘It is the most exquisite specimen of filigree work ever invented. It is as admirable in proportion as it is made of nothing:— It is made of gauze and silver spangles. The most glittering appearance is given to everything,—to paste, pomatum, billet-doux, and patches. Airs, languid airs, breathe around; the atmosphere is perfumed with affectation. A toilette is described with the solemnity of an altar raised to the Goddess of Vanity, and the history of a silver bodkin is given with all the pomp of heraldry. No pains are spared, no profusion of ornaments, no splendor of poetic diction, to set off the meanest things. The balance between the concealed irony and the assumed gravity is as nicely trimmed as the balance of power in Europe. The little is made great, and the great little. You hardly know whether to laugh or weep. It is the triumph of insignificance, the apotheosis of foppery and folly. It is the perfection of the mock-heroic.’ If The Rape of the Lock was Pope’s masterpiece in the field of impersonal satire, the Essay on Criticism, which belongs to the same period of the poet’s life, was his masterpiece in the realm of poetic generalization. It was, according to the account of the poet, composed in 1709 and published in 1711. The present editor is inclined to think that justice has never been done to this extraordinary work, either as a product of precocity, or in its own right. It is, in his opinion, not only a manual of criticism, to which the practitioner may apply for sound guidance upon almost any given point, but an exhaustive satire upon false methods of criticism. It is a compendious rule of criticism which works both ways; hardly less rigorous than Aristotle, hardly less catholic than Sainte-Beuve. It does not, as has been alleged, constitute a mere helter-skelter summary of critical platitudes: there is hardly a predicament in modern criticism from which it does not suggest an adequate means of extrication. At all events, it represented, as Mr. Courthope says, the ‘first attempt to trace for English readers the just boundaries of taste.’ The Essay on Criticism was not, like The Rape of the Lock, devoid of the note of personal enmity which was to mark so much of the poet’s later work. John Dennis had probably employed his slashing method in reviewing the Pastorals, and in the Essay Pope took occasion for revenge in the lines on Appius, which unmistakably applied to the author of Appius and Virginia; and which after Dennis’s rejoinder were to be followed up by the attacks in the Satires and The Dunciad. With the accession of the house of Hanover in 1714 the literary situation in London was considerably modified. The common ground upon which Whigs and Tories had, with diminishing success, continued to associate, was taken from under their feet. Politics became the first issue, and literature was relegated to a subordinate position. Fortunately the list of subscribers to Pope’s translation of the Iliad had been made up before the death of Anne. During the few years in which the process of public readjustment absorbed the attention of London, Pope was hard at work upon the most exacting task he had yet undertaken. The removal of the family from Binfield to Chiswick was made by Pope’s desire. He was now not only a famous author, but a man of fashion; and on both accounts he wished to be nearer London. In leaving the coffee-house society—of which, in truth, he had never been a full member—he had found entrance into ‘aristocratic circles;’ and we hear much in his letters from this time on of the noblemen whose hospitality he accepted, while standing clear of their direct patronage. At Chiswick he found more society and less leisure. Many times during the next few years he accuses himself of laziness, but it does not appear that his mild junketings with the nobilities gave him more relaxation from the toil of his Homer translation than he needed. The first books of the Iliad were published in 1715, and the last books of the Odyssey in 1723. The cripple and man of the world who could do that in the intervals of his house parties and his sieges of physical pain was certainly producing his full share of work. The Iliad was hailed with applause on all sides, and handsomely paid for. It was in one way a task for which the translator would appear to have been quite unfitted. The Rape of the Lock had proved him the mouthpiece of a conventional and sophisticated age; and conventionality and sophistication are not qualities to go naturally with Homer. The elegance of Pope’s verse becomes at times a mincing neatness, and his fashionable poetic diction in the mouths of Hector and Achilles rings thin and metallic. But though Pope inevitably missed the simplicity and the hearty surge and swing of Homer, he did manage to retain something of his vigor; and his Iliad is still the classic English version. Only half of the Odyssey translation which followed was really the work of Pope, and even his own part was deficient in the spirit which had marked the first translation. It had indeed been undertaken from a very different motive: he could not hope to add greatly to the credit which his Iliad had gained for him, but the cash might readily be increased. The translator actually received nearly £9000 for both translations—a small fortune in those days. Pope’s relations with his collaborators in the affair of the Odyssey are to be noticed, though they have perhaps been too much dwelt upon by the commentators. The facts are briefly these: Fenton translated four books and Broome eight. Both were Cambridge men of parts, Fenton the more brilliant and Broome the more thorough. The latter furnished also all the notes. Pope paid them a very small price for their labor, though not less than they had bargained for, and gave them very little credit for it. Moreover, when he found that there was some stir against him for advertising an Odyssey which was to be his only in part, he induced Broome to write a postscript note claiming only three books for his own share and two for Fenton’s, and insisting that whatever merit they might have was due to Pope’s minute revision. Before attempting the Odyssey, Pope was unfortunately led to prepare an edition of Shakespeare, which showed some ingenuity in textual emendation. Phrases were, however, too frequently altered as ‘vulgar,’ and metres as ‘incorrect.’ The work was on the whole so mediocre as fairly to lay itself open to the strictures of Theobald, who was consequently made the original hero of The Dunciad. In 1718 the poet leased the estate at Twickenham, and set to work upon the improvements which became a hobby. He had planned to build a town house, but was fortunately dissuaded. The laying out of the tiny five acres of grounds is now a matter of history: the paths, the wilderness, the quincunx, the obelisk to his mother’s memory, above all the grotto,—they are more like actors than stage properties in the quiet drama of Pope’s later years. His work after the completion of the Homer translation was almost entirely restricted to satire. Even the Moral Essays are largely satirical, for Pope’s didacticism was always tinged with laughter. It was too seldom a kindly laughter. His capacity for personal hatred was suffered not only to remain, but to grow upon him; until it became at length one of the ruling motives of his literary life. His first conception of The Dunciad was formed as early as 1720. Sometime within the five years following he seems to have broached his project for wholesale revenge to Swift, who, oddly enough, dissuaded him: ‘Take care the bad poets do not outwit you,’ he wrote, ‘as they have the good ones in every age, whom they have provoked to transmit their names to posterity. Mævius is as well known as Virgil, and Gildon will be as well known as you if his name gets into your verses.’ Thereto Pope dutifully assents: ‘I am much happier for finding our judgments jump in the notion that all scribblers should be passed by in silence. . . . So let Gildon and Philips rest in peace.’ It is not many years later that we find Swift encouraging Pope to go on with The Dunciad, and Pope accepting the advice with an even better grace than in the former instance. The first judgment of both authors was of course the right one. The Dunciad, with all its cleverness, remains the record of a strife between persons whom we do not now care about. It has no determinable significance beyond that; it lacks the didactic soundness of his Essay on Criticism, and the graceful lightness of The Rape of the Lock. Only in a few detached passages in the Moral Essays and Satires, indeed, did he ever succeed in approaching either of these qualities. ‘Pope’s writings,’ says Mr. Courthope, ‘fall naturally into two classes: those which were inspired by fancy or reflection, and those which grew from personal feeling or circumstance.’ The Moral Essays belonged to the former of these classes, the Satires to the latter. The Moral Essays, and more particularly the Essay on Man, are the product of a materialism which marked the age, and which was set before Pope in something like systematic form by Bolingbroke. As Bolingbroke was primarily a politician, and dabbled in philosophy only because the favorite game was for a great part of his life denied him, it could not be expected that much more than shallow generalization would come out of him. At all events, his system of sophistry was all that Pope needed for a thread upon which to string his couplets. Whatever we may think of the Essay on Man now, we need not forget that so keen a critic as Voltaire once called it ‘the most beautiful, the most awful, the most sublime didactic poem that has ever been written in any language.’ Even in our day a conservative critic can say of it: ‘Form and art triumph even in the midst of error; a framework of fallacious generalization gives coherence to the epigrammatic statement of a multitude of individual truths.’ Some of the difficulty that we have found in The Dunciad is present in the Satires. They are full of personalities. As a rule, however, the persons hit off are of some account, both in themselves and as types, rather than as mere objects of private rancor. Altogether these poems contain, besides the famous portraits of contemporaries, many passages of universal application to the virtues and the shortcomings of any practical age. With the completion of the Satires in 1738, Pope’s work was practically done. His remaining years were to be spent mainly in revising his works and correspondence; the final additions and alterations to The Dunciad being the only task of special importance which in his weakening health, and decreasing creative impulse, he was able to undertake. The range of the poet’s possible achievement was never very great; and he had now lost most of the living motives of his work. He had numbered among his acquaintances all the prominent men of the time; and not a few of them had been friends upon whom he depended for encouragement and companionship. Gay had died in 1732, Pope’s mother a year later, and Arbuthnot in 1735. Swift was meantime rapidly breaking up in mind and body, and by 1740 Pope was separated from him by a chasm as impassable as that of death. Bolingbroke remained to him, and he was to have one other friend, Warburton, upon whom he relied for advice and aid during his last years, and who became his literary executor. These, however, were friendships of the mind rather than of the heart; and there is something a little pathetic in the spectacle of the still brilliant poet’s dependence upon the chill and disappointed politician Bolingbroke and the worthy and adoring Bishop Warburton, who can hardly have been a lively companion. Critics are now fairly well agreed as to Pope’s service to English poetry. Intellectually he was clever rather than profound, and, in consequence, though so much of his work was of the didactic type, he made few original contributions to poetic thought. A poem of Pope’s is a collection of brilliant fragments. He kept a note-book full of clever distiches set down at random; presently so many couplets are taken and classified, others are added, a title is found, and the world applauds. If we except The Rape of the Lock, and possibly the Epistle to Arbuthnot, none of his poems can be called organic in structure. The patching is neatly done, but the result is patchwork. The Essay on Man, therefore, which most of his contemporaries considered his greatest work, appears to us a mosaic of cleverly phrased platitudes and epigrams. Many of the couplets have become proverbial; the work as a whole cannot be taken seriously. ‘But the supposition is,’ says Lowell, ‘that in the Essay on Man Pope did not himself know what he was writing. He was only the condenser and epigrammatizer of Bolingbroke—a very fitting St. John for such a gospel.’ It is to another and less pretentious sort of work that we must turn to find the great versifier at his best. The Rape of the Lock affords exactly the field in which Pope was fitted to excel. The very qualities of artificiality and sophistication which mar the Homer translations make the story of Belinda and her Baron a perfect thing of its kind. Here is the conventional society which Pope knew, and with which—however he might sneer at it—he really sympathized. The polished trivialities, the shallow gallantry, the hardly veiled coarseness of the London which Pope understood, are here to the life. Depth of emotion, of imagination, of thought, are absent, and properly so; but here are present in their purest forms the flashing wit, the ingenious fancy, the malicious innuendo, of which Pope was undoubtedly master. In versification his merit is to have done one thing incomparably well. Not only is his latest work marked by the same wit, conciseness, and brilliancy of finish which gained the attention of his earliest critics, but it employs the same metrical form which in boyhood he had brought to a singular perfection. The heroic couplet is now pretty much out of fashion: ‘correctness’ is no longer the first quality which we demand of poetry. No doubt we are fortunate to have escaped the trammels of the rigid mode which so long restrained the flight of English verse. But however tedious and wooden Pope’s instrument may have become in later hands, however mistaken he himself may have been in emphasizing its limitations, there is no doubt that it was the instrument best suited to his hand, and that he secured by means of it a surprising variety of effect. We have chronicled thus far a few of the facts of Pope’s life and work. Something—it cannot be very much—remains to be said of his private character. It was a character of marked contradictions, the nether side of which—the weaknesses and positive faults—has, as is common in such cases, been laid bare with sufficient pitilessness. He was, we are told, malicious, penurious, secretive, unchivalrous, underhanded, implacable. He could address Lady Mary Wortley one day with fulsome adulation, and the next—and ever after—with foul abuse. He could deliberately goad his dunces to self-betrayal by his Treatise on the Bathos, and presently flay them in The Dunciad by way of revenge. He could by circuitous means cause his letters—letters carefully edited by him—to be published, and prosecute the publisher for outraging his sensibilities. He could stoop to compassing the most minute ends of private malice by the most elaborate and leisurely methods. He played life as a game composed of a series of petty moves, and, as one of his friends said, ‘could hardly drink a cup of tea without a stratagem.’ But let us see what we might be fairly saying on the other side. If he was capable of malice, he was incapable of flattery; if he was dishonest in the little matters, he was honest in the great ones; if he held mediocrity in contempt, he had an ungrudging welcome for excellence. In later life he had encouragement for the younger generation of writers,—Johnson, Young, Thomson, and poor Savage. If he allowed a fancied injury to separate him from Addison, he had still to boast of the friendship of men like Gay, Arbuthnot, and Swift; and they had to boast of his. He nursed his mother in extreme old age with anxious devotion, and mourned her death with unaffected grief. In his best satirical mood, the best in English verse, he did not hesitate to arraign the highest as well as the lowest; not even Swift could be so fearless. Such things are to be remembered of this correct versifier and merciless satirist Pope: that with only half the body, and hardly more than half the bodily experience, of a man, he had his full share of a man’s failings and a man’s virtues; and that the failings were on the whole upon a less significant plane than the virtues. Much has been written of Pope’s attitude toward women, and much has been written of his acrid habit of mind. The relation between these facts has been, perhaps, insufficiently grasped. Pope was not by nature a celibate or a hater of women. He was, on the contrary, fond of their society, and anxious to make himself agreeable to them. His failure with Lady Mary Wortley Montagu was deserved; the relation was a mere affair of gallantry, which she took good care to snuff out when the adorer’s protestations began to weary her. She was not a womanly person, and forestalled much public indignation at Pope’s subsequent abuse by adopting an equally brutal system of retort. His failure with Martha Blount was of a very different sort, and of far greater significance. She was the younger of two daughters belonging to one of the Roman Catholic families in Pope’s Windsor Forest circle of acquaintance. With her and with her sister Teresa, Pope was for many years upon terms of the closest intimacy. They were not much alike; and though Pope made a habit of addressing them with guarded impartiality in his correspondence, it is to be seen almost from the first that his feeling for the more practical and worldly older sister was less warm than his feeling for the amiable and feminine “Patty.” Eventually, after years of friendship, the poet made a few indirect overtures to Martha in the direction of marriage; and at last ventured to express himself plainly to Teresa. To his unspeakable humiliation and grief, she treated his honest declaration as an affront to her sister, and upon precisely the painful ground of his deformity, which had for so many years kept him from speaking. Pope could not help feeling that however Martha might, if left to herself, have received his advances, it was now out of the question to pursue them. His behavior under the circumstances was full of dignity. It was impossible for the friendship to be renewed upon the old footing, but his only revenge beyond that of the necessary withdrawal from familiar intercourse was to settle a pension upon Teresa at the time, and to leave most of his property by will to Martha. We can hardly imagine Pope madly in love, but that he had a calm and steadfast affection for Martha Blount we cannot doubt. He was disposed to marry, and he would have liked to marry her. She represented the ideal of womanhood in his mind; and to her, in the heat of his most savage bouts of idol-breaking, he pauses to raise a white shaft of love and faith. If the present editor, after a careful and well-rewarded study of the poet and the man, has any mite of interpretation to offer, it is not that Pope was a greater poet, but that he was a better man, than he is commonly painted; an unamiable man, yet not for that reason altogether unworthy of regard; a man with little meannesses carried upon his sleeve for all the world to mock at, and with the large magnanimity which could face the world alone, without advantages of birth or wealth or education or even health, and win a great victory. Such a man cannot conceivably be supposed to have stumbled upon success. Not only inspired cleverness of hand, but force of character and sanity of mind must be responsible for his work. After the lapse of nearly two centuries it should perhaps be right to indulge ourselves somewhat more sparingly in condemnation of his foibles, and to recall more willingly the sound kernel of character which is the basis of his personality. Whatever slander he may have retailed about the camp-fire, whatever foolish vanity he may have had in his uniform, Pope fought the good fight. ‘After all,’ he wrote to Bishop Atterbury, who was trying to make a Protestant of him, ‘I verily believe your Lordship and I are both of the same religion, if we were thoroughly understood by one another, and that all honest and reasonable Christians would be so, if they did but talk together every day; and had nothing to do together but to serve God and live in peace with their neighbors.’ H. W. B. ‘This was a very early production of our Author, written at about twelve years old,’ says Pope in one of his unsigned and unreliable notes. If the statement is true, it was probably written during the year 1700. It is apparently the earliest poem of Pope’s which remains to us, though according to Roscoe, ‘Dodsley, who was honoured with his intimacy, had seen several pieces of an earlier date.’ Supposed to have been written in 1700; first published from the Caryll Papers in the Athenæum, July 15, 1854. Elkanah Settle, celebrated as Doeg in Dryden’s Absalom and Achitophel, wrote Successio in honor of the incoming Brunswick dynasty. Warburton (or possibly Pope) in a note on Dunciad, I. 181, says that the poem was ‘written at fourteen years old, and soon after printed.’ A good instance of Pope’s economy of material will be found in the passage upon which that note bears: an adaptation of lines 4, 17 and 18 of this early poem. It was first published in Lintot’s Miscellanies, 1712. Though Pope ascribes this translation to 1703, there is evidence that part of it was done as early as 1699. It was finally revised and published in 1712, but Courthope asserts that ‘it is fair to assume that the body of the composition is preserved in its original form.’ Œdipus, King of Thebes, having, by mistake, slain his father Laius, and married his mother Jocasta, put out his own eyes, and resign’d the realm to his sons Eteocles and Polynices. Being neglected by them, he makes his prayer to the Fury Tisiphone, to sow debate betwixt the brothers. They agree at last to reign singly, each a year by turns, and the first lot is obtain’d by Eteocles. Jupiter, in a council of the gods, declares his resolution of punishing the Thebans, and Argives also, by means of a marriage betwixt Polynices and one of the daughters of Adrastus King of Argos. Juno opposes, but to no effect; and Mercury is sent on a message to the shades, to the ghost of Laius, who is to appear to Eteocles, and provoke him to break the agreement. Polynices, in the mean time, departs from Thebes by night, is overtaken by a storm, and arrives at Argos; where he meets with Tideus, who had fled from Calidon, having kill’d his brother. Adrastus entertains them, having receiv’d an oracle from Apollo that his daughters should be married to a boar and a lion, which he understands to be meant of these strangers, by whom the hides of those beasts were worn, and who arrived at the time when he kept an annual feast in honour of that god. The rise of this solemnity. He relates to his guests the loves of Phœbus and Psamathe, and the story of Chorœbus: he inquires, and is made acquainted, with their descent and quality. The sacrifice is renew’d, and the book concludes with a hymn to Apollo. These imitations, with the exception of Silence (Lintot, 1712), were not published till 1727. Pope says, however, that they were ‘done as early as the translations, some of them at fourteen and fifteen years old.’ The Happy Life of a Country Parson must have been written later than the rest, as Pope did not know Swift till 1713. in which was painted the story of cephalus and procris, with the motto ‘aura veni’ The Pastorals, by Pope’s account, were written at sixteen, in 1704. ‘Beyond the fact that he systematically antedated his compositions in order to obtain credit for precocity,’ says Courthope, ‘there is nothing improbable in the statement.’ They were first published in 1709, in Tonson’s Sixth Miscellany. The Discourse on Pastoral Poetry did not appear till the edition of 1717, but is here given the place which he desired for it at the head of the Pastorals: and the original footnotes, referring to critical authorities, are retained. There are not, I believe, a greater number of any sort of verses than of those which are called Pastorals; nor a smaller than of those which are truly so. It therefore seems necessary to give some account of this kind of poem; and it is my design to comprise in this short paper the substance of those numerous dissertations that critics have made on the subject, without omitting any of their rules in my own favour. You will also find some points reconciled, about which they seem to differ, and a few remarks which, I think, have escaped their observation. The origin of Poetry is ascribed to that age which succeeded the creation of the world: and as the keeping of flocks seems to have been the first employment of mankind, the most ancient sort of poetry was probably pastoral. It is natural to imagine, that the leisure of those ancient shepherds admitting and inviting some diversion, none was so proper to that solitary and sedentary life as singing; and that in their songs they took occasion to celebrate their own felicity. From hence a poem was invented, and afterwards improved to a perfect image of that happy time; which, by giving us an esteem for the virtues of a former age, might recommend them to the present. And since the life of shepherds was attended with more tranquillity than any other rural employment, the poets chose to introduce their persons, from whom it received the name of Pastoral. A Pastoral is an imitation of the action of a shepherd, or one considered under that character. The form of this imitation is dramatic, or narrative, or mixed of both: the fable simple, the manners not too polite nor too rustic: the thoughts are plain, yet admit a little quickness and passion, but that short and flowing: the expression humble, yet as pure as the language will afford; neat, but not florid; easy, and yet lively. In short, the fable, manners, thoughts, and expressions are full of the greatest simplicity in nature. The complete character of this poem consists in simplicity, brevity, and delicacy; the two first of which render an eclogue natural, and the last delightful. If we would copy nature, it may be useful to take this idea along with us, that Pastoral is an image of what they call the golden age: so that we are not to describe our shepherds as shepherds at this day really are, but as they may be conceived then to have been, when the best of men followed the employment. To carry this resemblance yet further, it would not be amiss to give these shepherds some skill in astronomy, as far as it may be useful to that sort of life; and an air of piety to the gods should shine through the poem, which so visibly appears in all the works of antiquity; and it ought to preserve some relish of the old way of writing: the connection should be loose, the narrations and descriptions short, and the periods concise. Yet it is not sufficient that the sentences only be brief; the whole eclogue should be so too: for we cannot suppose poetry in those days to have been the business of men, but their recreation at vacant hours. But, with respect to the present age, nothing more conduces to make these composures natural, than when some knowledge in rural affairs is discovered. This may be made to appear rather done by chance than on design, and sometimes is best shown by inference; lest, by too much study to seem natural, we destroy that easy simplicity from whence arises the delight. For what is inviting in this sort of poetry proceeds not so much from the idea of that business, as of the tranquillity of a country life. We must therefore use some illusion to render a pastoral delightful; and this consists in exposing the best side only of a shepherd’s life, and in concealing its miseries. Nor is it enough to introduce shepherds discoursing together in a natural way; but a regard must be had to the subject; that it contain some particular beauty in itself, and that it be different in every eclogue. Besides, in each of them a designed scene or prospect is to be presented to our view, which should likewise have its variety. This variety is obtained, in a great degree, by frequent comparisons, drawn from the most agreeable objects of the country; by interrogations to things inanimate; by beautiful digressions, but those short; sometimes by insisting a little on circumstances; and, lastly, by elegant turns on the words, which render the numbers extremely sweet and pleasing. As for the numbers themselves, though they are properly of the heroic measure, they should be the smoothest, the most easy and flowing imaginable. It is by rules like these that we ought to judge of Pastoral. And since the instructions given for any art are to be delivered as that art is in perfection, they must of necessity be derived from those in whom it is acknowledged so to be. It is therefore from the practice of Theocritus and Virgil (the only undisputed authors of Pastoral) that the critics have drawn the foregoing notions concerning it. Theocritus excels all others in nature and simplicity. The subjects of his Idyllia are purely pastoral; but he is not so exact in his persons, having introduced reapers and fishermen as well as shepherds. He is apt to be too long in his descriptions, of which that of the cup in the first pastoral is a remarkable instance. In the manners he seems a little defective, for his swains are sometimes abusive and immodest, and perhaps too much inclining to rusticity; for instance, in his fourth and fifth Idyllia. But it is enough that all others learned their excellences from him, and that his dialect alone has a secret charm in it, which no other could ever attain. Virgil, who copies Theocritus, refines upon his original; and, in all points where judgment is principally concerned, he is much superior to his master. Though some of his subjects are not pastoral in themselves, but only seem to be such, they have a wonderful variety in them, which the Greek was a stranger to. He exceeds him in regularity and brevity, and falls short of him in nothing but simplicity and propriety of style; the first of which, perhaps, was the fault of his age, and the last of his language. Among the moderns their success has been greatest who have most endeavoured to make these ancients their pattern. The most considerable genius appears in the famous Tasso, and our Spenser. Tasso, in his Aminta, has as far excelled all the pastoral writers, as in his Gierusalemme he has outdone the epic poets of his country. But as this piece seems to have been the original of a new sort of poem, the pastoral comedy, in Italy, it cannot so well be considered as a copy of the ancients. Spenser’s Calendar, in Mr. Dryden’s opinion, is the most complete work of this kind which any nation has produced ever since the time of Virgil. Not but that he may be thought imperfect in some few points: his eclogues are somewhat too long, if we compare them with the ancients; he is sometimes too allegorical, and treats of matters of religion in a pastoral style, as the Mantuan had done before him; he has employed the lyric measure, which is contrary to the practice of the old poets; his stanza is not still the same, nor always well chosen. This last may be the reason his expression is sometimes not concise enough; for the tetrastic has obliged him to extend his sense to the length of four lines, which would have been more closely confined in the couplet. In the manners, thoughts, and characters, he comes near to Theocritus himself; though, notwithstanding all the care he has taken, he is certainly inferior in his dialect: for the Doric had its beauty and propriety in the time of Theocritus; it was used in part of Greece, and frequent in the mouths of many of the greatest persons: whereas the old English and country phrases of Spenser were either entirely obsolete, or spoken only by people of the lowest condition. As there is a difference betwixt simplicity and rusticity, so the expression of simple thoughts should be plain, but not clownish. The addition he has made of a calendar to his eclogues is very beautiful; since by this, besides the general moral of innocence and simplicity, which is common to other authors of Pastoral, he has one peculiar to himself; he compares human life to the several seasons, and at once exposes to his readers a view of the great and little worlds, in their various changes and aspects. Yet the scrupulous division of his pastorals into months has obliged him either to repeat the same description, in other words, for three months together, or, when it was exhausted before, entirely to omit it; whence it comes to pass that some of his eclogues (as the sixth, eighth, and tenth for example) have nothing but their titles to distinguish them. The reason is evident, because the year has not that variety in it to furnish every month with a particular description, as it may every season. Of the following eclogues I shall only say, that these four comprehend all the subjects which the critics upon Theocritus and Virgil will allow to be fit for Pastoral; that they have as much variety of description, in respect of the several seasons, as Spenser’s; that, in order to add to this variety, the several times of the day are observed, the rural employments in each season or time of day, and the rural scenes or places proper to such employments, not without some regard to the several ages of man, and the different passions proper to each age. But after all, if they have any merit, it is to be attributed to some good old authors; whose works, as I had leisure to study, so, I hope, I have not wanted care to imitate. Virg.Ecl. vi. 10-12. ‘This poem,’ says Pope, ‘was written at two different times: the first part of it, which relates to the country, in 1704, at the same time with the Pastorals; the latter part was not added till the year 1713, in which it was published.’ The first 289 lines belong to the earlier date. The rest of the poem, with its celebration of the Peace of Utrecht, was added at the instance of Lord Lansdown, the Granville of the opening lines. The aim was obviously that Pope should do for the peaceful triumph of Utrecht what Addison had done for Marlborough’s victory at Blenheim in 1704. It is printed here because the conclusion was an afterthought, and in spite of it the poem as a whole ‘substantially belongs,’ as Courthope remarks, ‘to the Pastoral period.’ Pope ranked it among his ‘juvenile poems.’ Pope says that this ‘translation’ was done at sixteen or seventeen years of age. It was first published, with the Pastorals, in 1709, in Tonson’s sixth Miscellany. Eventually Pope grouped the Chaucer imitations with Eloisa to Abelard, the translations from Ovid and Statius and the brief Imitations of English Poets. To this collection be prefixed this Advertisement:— ‘The following Translations were selected from many others done by the Author in his youth; for the most part indeed but a sort of Exercises, while he was improving himself in the Languages, and carried by his early bent to Poetry to perform them rather in Verse than Prose. Mr. Dryden’s Fables came out about that time, which occasioned the Translations from Chaucer. They were first separately printed in Miscellanies by J. Tonson and B. Lintot, and afterwards collected in the Quarto Edition of 1717. The Imitations of English Authors, which are added at the end, were done as early, some of them at fourteen or fifteen years old; but having also got into Miscellanies, we have put them here together to complete this Juvenile Volume.’ Not published until 1714, but naturally classified with January and May, and not improbably the product of the same period. Pope asserted that this poem was composed in 1711. Its date of publication is indicated by a letter from Pope to Martha Blount, written in 1714, in which he speaks of it as ‘just out.’ Eventually it was classed by the poet as a ‘juvenile poem’ among the earlier translations and imitations. This Advertisement was prefixed:— The hint of the following piece was taken from Chaucer’s House of Fame. The design is in a manner entirely altered; the descriptions and most of the particular thoughts my own: yet I could not suffer it to be printed without this acknowledgment. The reader who would compare this with Chaucer, may begin with his third Book of Fame, there being nothing in the two first books that answers to their title. Written, according to Pope, in 1707. First published in Tonson’s Ovid, 1712. This, the first mature original work of the author, was written in 1709, when Pope was in his twentieth year. It was not published till 1711. Introduction. That it is as great a fault to judge ill as to write ill, and a more dangerous one to the public. That a true Taste is as rare to be found as a true Genius. That most men are born with some Taste, but spoiled by false education. The multitude of Critics, and causes of them. That we are to study our own Taste, and know the limits of it. Nature the best guide of judgment. Improved by Art and rules, which are but methodized Nature. Rules derived from the practice of the ancient poets. That therefore the ancients are necessary to be studied by a Critic, particularly Homer and Virgil. Of licenses, and the use of them by the ancients. Reverence due to the ancients, and praise of them. Causes hindering a true judgment. Pride. Imperfect learning. Judging by parts, and not by the whole. Critics in wit, language, versification only. Being too hard to please, or too apt to admire. Partiality—too much love to a sect—to the ancients or moderns. Prejudice or prevention. Singularity. Inconstancy. Party spirit. Envy. Against envy, and in praise of good-nature. When severity is chiefly to be used by critics. Rules for the conduct and manners in a Critic. Candour. Modesty. Good breeding. Sincerity and freedom of advice. When one’s counsel is to be restrained. Character of an incorrigible poet. And of an impertinent critic. Character of a good critic. The history of criticism, and characters of the best critics; Aristotle. Horace. Dionysius. Petronius. Quintilian. Longinus. Of the decay of Criticism, and its revival. Erasmus. Vida. Boileau. Lord Roscommon, &c. Conclusion. This ode was written at the suggestion of Richard Steele, in 1708. It was recast in 1730 in briefer form so that it might be set to music; and the first four stanzas were considerably changed. Written in 1709 and sent in a letter to Henry Cromwell in 1711. ‘Egbert Sanger,’ says Warton, ‘served his apprenticeship with Jacob Tonson, and succeeded Bernard Lintot in his shop at Middle Temple Gate, Fleet Street. Lintot printed Ozell’s translation of Perrault’s Characters, and Sanger his translation of Boileau’s Lutrin, recommended by Rowe, in 1709.’ Katharine Tofts was an English opera singer popular in London between 1703 and 1709. To Teresa Blount. First published in Lintot’s Miscellany, in 1712. See note. This Ode was written, we find [in 1712], at the desire of Steele; and our Poet, in a letter to him on that occasion, says,—‘You have it, as Cowley calls it, just warm from the brain; it came to me the first moment I waked this morning; yet you ’ll see, it was not so absolutely inspiration, but that I had in my head, not only the verses of Hadrian, but the fine fragment of Sappho.’ It is possible, however, that our Author might have had another composition in his head, besides those he here refers to: for there is a close and surprising resemblance between this Ode of Pope, and one of an obscure and forgotten rhymer of the age of Charles the Second, Thomas Flatman. (Warton). Pope’s version of the Adriani morientis ad Animam was written at about this date, and sent to Steele for publication in The Spectator. It ran as follows:— Charles Jervas was an early and firm friend of Pope’s, and, himself an indifferent painter, at one time gave Pope some instruction in painting. Dryden’s translation of Fresnoy appears to have been a hasty and perfunctory piece of work. The poem was first published in 1712. ‘The four verses,’ says Ward, ‘are apparently Canto IV. vv. 59-62. The Countess of Winchilsea, a poetess whom Rowe hailed as inspired by ‘more than Delphic ardour,’ replied by some pretty lines, where she declares that “disarmed with so genteel an air,” she gives over the contest.’ It was long rumored that this poem was literally founded on fact: that the unfortunate lady was a maiden with whom Pope was in love, and from whom he was separated. The fact seems to be that the poem’s only basis in truth lay in Pope’s sympathy for an unhappy married woman about whom he wrote to Caryll in 1712. The verses were not published till 1717, but were probably written several years earlier. Written, according to Courthope, in 1712. In reading several passages of the prophet Isaiah, which foretell the coming of Christ, and the felicities attending it, I could not but observe a remarkable parity between many of the thoughts and those in the Pollio of Virgil. This will not seem surprising, when we reflect that the Eclogue was taken from a Sibylline prophecy on the same subject. One may judge that Virgil did not copy it line by line, but selected such ideas as best agreed with the nature of Pastoral Poetry, and disposed them in that manner which served most to beautify his piece. I have endeavoured the same in this imitation of him, though without admitting any thing of my own; since it was written with this particular view, that the reader, by comparing the several thoughts, might see how far the images and descriptions of the Prophet are superior to those of the Poet. But as I fear I have prejudiced them by my management, I shall subjoin the passages of Isaiah, and those of Virgil, under the same disadvantage of a literal translation. Mart. Epig. xii. 84. ‘It appears by this motto,’ says Pope, in a footnote supplied for Warburton’s edition, ‘that the following poem was written or published at the lady’s request. But there are some other circumstances not unworthy relating. Mr. Caryll (a gentleman who was secretary to Queen Mary, wife of James II., whose fortunes he followed into France, author of the comedy of Sir Solomon Single, and of several translations in Dryden’s Miscellanies) originally proposed it to him in a view of putting an end, by this piece of ridicule, to a quarrel that was risen between two noble families, those of Lord Petre and Mrs. Fermor, on the trifling occasion of his having cut off a lock of her hair. The author sent it to the lady, with whom he was acquainted; and she took it so well as to give about copies of it. That first sketch (we learn from one of his letters) was written in less than a fortnight, in 1711, in two cantos only, and it was so printed first, in a Miscellany of Bern. Lintot’s, without the name of the author. But it was received so well that he made it more considerable the next year by the addition of the machinery of the Sylphs, and extended it to five cantos.’ It will be in vain to deny that I have some regard for this piece, since I dedicate it to you. Yet you may bear me witness it was intended only to divert a few young ladies, who have good sense and good humour enough to laugh not only at their sex’s little unguarded follies, but at their own. But as it was communicated with the air of a secret, it soon found its way into the world. An imperfect copy having been offer’d to a bookseller, you had the good-nature for my sake, to consent to the publication of one more correct: this I was forced to, before I had executed half my design, for the Machinery was entirely wanting to complete it. The Machinery, Madam, is a term invented by the critics, to signify that part which the Deities, Angels, or Dæmons, are made to act in a poem: for the ancient poets are in one respect like many modern ladies; let an action be never so trivial in itself, they always make it appear of the utmost importance. These Machines I determined to raise on a very new and odd foundation, the Rosicrucian doctrine of Spirits. I know how disagreeable it is to make use of hard words before a lady; but it is so much the concern of a poet to have his works understood, and particularly by your sex, that you must give me leave to explain two or three difficult terms. The Rosicrucians are a people I must bring you acquainted with. The best account I know of them is in a French book called La Comte de Gabalis, which, both in its title and size, is so like a novel, that many of the fair sex have read it for one by mistake. According to these gentlemen, the four elements are inhabited by Spirits, which they call Sylphs, Gnomes, Nymphs, and Salamanders. The Gnomes, or Dæmons of earth, delight in mischief; but the Sylphs, whose habitation is in the air, are the best-conditioned creatures imaginable; for, they say, any mortal may enjoy the most intimate familiarities with these gentle spirits, upon a condition very easy to all true adepts,—an inviolate preservation of chastity. As to the following cantos, all the passages of them are as fabulous as the Vision at the beginning, or the Transformation at the end (except the loss of your hair, which I always mention with reverence). The human persons are as fictitious as the airy ones; and the character of Belinda, as it is now managed, resembles you in nothing but in beauty. If this poem had as many graces as there are in your person or in your mind, yet I could never hope it should pass thro’ the world half so uncensured as you have done. But let its fortune be what it will, mine is happy enough, to have given me this occasion of assuring you that I am, with the truest esteem, Madam, This prologue was written in 1713, after Addison had given Pope two of the main causes which led to their estrangement; and itself led the way for the third. Addison’s faint praise of the Pastorals, and disagreement with Pope as to the advisability of revising The Rape of the Lock, had not as yet led to their estrangement. But when not long after the presentation of Cato, Pope ventured to become its champion against the attacks of John Dennis, Addison’s quiet disclaimer of responsibility for his anonymous defender cut Pope to the quick. Nicholas Rowe’s play was acted at Drury Lane in February, 1714. Mrs. Oldfield played the leading part, but Pope’s Epilogue was not used. These verses were first published in 1714. There is no actual proof that they are Pope’s, but as his editors have always retained them, they are here given. In illustration Mitford refers to Pope’s letter to Lord Bathurst of September 13, 1732, where ‘Mr. L.’ is spoken of as ‘more inclined to admire God in his greater works, the tall timber.’ (Ward.) Proof is lacking that these lines belong to Pope. They were printed by E. Curll in 1714. This was first printed in 1727 in the Miscellanies of Pope and Swift, but was probably written in 1715. Macer is supposed to be Ambrose Philips. The ‘borrow’d Play’ of the eighth line would then have been The Distrest Mother, adapted by Philips from Racine. This was written shortly after the coronation of George I. ‘Zephalinda’ was a fanciful name employed by Teresa Blount in correspondence. Referred to in a letter from Trumbull to Pope dated January, 1716. The epigram imitated is the twenty-third of the tenth book. See the fourth elegy of Tibullus, lines 55, 56. In the course of his high-flown correspondence with Lady Mary Wortley Montagu, after her departure for the East, Pope often suggests the possibility of his travelling to meet her. ‘But if my fate be such,’ he says on the occasion which brought forth this couplet, ‘that this body of mine (which is as ill matched to my mind as any wife to her husband) be left behind in the journey, let the epitaph of Tibullus be set over it!’ This mock pastoral was one of three which made up the original volume of Town Eclogues, published anonymously in 1716. Three more appeared in a later edition. It is now known that only the Basset-Table is Pope’s, the rest being the work of Lady Mary Wortley Montagu. cardelia, smilinda, lovet TO THE TUNE OF ‘TO ALL YOU LADIES NOW AT LAND,’ ETC. This lively ballad, written in 1717, belongs to the period of Pope’s intimacy with court society. The three ladies here addressed were attached to the court of the Prince and Princess of Wales. Mrs. Pulteney was a daughter of one John Gumley, who had made a fortune by a glass manufactory. ‘Tom’ D’Urfey was a writer of popular farces under the Restoration. Through Addison’s influence his play The Plotting Sisters was revived for his benefit; and the present prologue was possibly written for that occasion. It was first published in 1727. Three Hours after Marriage was a dull and unsuccessful farce produced in January, 1717, at the Drury Lane Theatre. Though it was attributed to the joint authorship of Pope, Gay, and Arbuthnot, direct proof is lacking not only of Pope’s share in the play, but of his authorship of the Prologue. Of the latter fact, at least, we have, however, indirect evidence in Pope’s resentment of the ridicule cast by Cibber, in a topical impromptu, upon the play; the incident which first roused Pope’s enmity for Cibber, which resulted in his eventually displacing Theobald as the central figure in The Dunciad. The Rev. Aaron Thompson, of Queen’s College, Oxon., translated the Chronicle of Geoffrey of Monmouth. He submitted the translation to Pope, 1717, who gave him the following lines, being a translation of a Prayer of Brutus. (Carruthers.) While there is no absolute date to be given for this or the following poem, both evidently belong to the period of Pope’s somewhat fanciful attachment for Lady Mary. The origin of this famous poem seems to have lain jointly in Pope’s perception of the poetic availability of the Héloise-Abelard legend, and in his somewhat factitious grief in his separation from Lady Mary Wortley Montagu. They met in 1715, became friends, and in 1716 Lady Mary left England. In a letter of June, 1717, Pope commends the poem to her consideration, with a suggestion of the personal applicability of the concluding lines to his own suffering under the existing circumstance of their separation. Abelard and Eloisa flourished in the twelfth century; they were two of the most distinguished persons of their age in Learning and Beauty, but for nothing more famous than for their unfortunate passion. After a long course of calamities, they retired each to a several convent, and consecrated the remainder of their days to Religion. It was many years after this separation that a letter of Abelard’s to a friend, which contained the history of his misfortune, fell into the hands of Eloisa. This, awakening all her tenderness, occasioned those celebrated letters (out of which the following is partly extracted), which give so lively a picture of the struggles of Grace and Nature, Virtue and Passion. Pope himself became seriously involved in the South Sea speculations, and while he does not appear to have been a heavy loser in the end, his unwise action for friends, notably for Lady Mary Wortley seems to have gotten him into some difficulties. This was of course written before the bursting of the bubble; presumably in 1720. Craggs was made Secretary of War in 1717, when Addison was Secretary of State. He succeeded Addison in 1720, and died in the following year. He was an intimate friend and correspondent of Pope’s after 1711. Probably Craggs, who was in office at the time when Pope established himself at Twickenham. (Ward.) Written early in 1722. These drawings were made for the adornment of Pope’s house at Twickenham. Brutus, says Pope, was a play ‘altered from Shakespeare by the Duke of Buckingham, at whose desire these choruses were composed to supply as many wanting in his play.’ Marcus Brutus was one of two plays (the other retaining Shakespeare’s title) manufactured by John Sheffield, Duke of Buckinghamshire, out of Julius Cæsar. Both were published in 1722. Pope’s choruses stand after the first and second acts of Brutus. The plays have no literary merit. Written to Martha Blount in 1723. Lines 5-10 were elsewhere adapted for a versified celebration of his own birthday, and for an epitaph on a suicide! Mary Howe was appointed Maid of Honour to Queen Caroline, in 1720. ‘Lepell’ was another Maid of Honour, referred to in The Challenge. Catharine Howard, one of Queen Caroline’s waiting-women; afterward Countess of Suffolk and mistress to George II. Her identification as the Chloe of Moral Essays, II., makes it easier to believe Walpole’s statement that this lady once reprieved a condemned criminal that ‘an experiment might be made on his ears for her benefit.’ Though speculation has connected several other persons with this poem, it is probably still another hit at the luckless Ambrose Philips. It, with the three following poems, was first published in the Miscellanies, 1727. This refers to the translation undertaken by Sir Samuel Garth, which aimed to complete Dryden’s translation of Ovid, avoiding the rigidness of Sandys’ method. The enterprise was begun in 1718, when these verses were probably written. Imitated from a Latin couplet on Joannes Mirandula:— First applied by Pope to Francis Chartres, but published in this form in 1727. This ‘Ode’ and the three following poems, were written by Pope after reading Gulliver’s Travels, and first published in the Miscellanies of Pope and Swift, in 1727. The captain, some time after his return, being retired to Mr. Sympson’s in the country, Mrs. Gulliver, apprehending from his late behaviour some estrangement of his affections, writes him the following expostulatory, soothing, and tenderly complaining epistle. The public astonished Pope by taking this burlesque seriously, and praising it as poetry. These lines were enclosed in a letter to Bolingbroke, dated September 3, 1740. Lady Frances Shirley was daughter of Earl Ferrers, a neighbor of Pope’s at Twickenham. The Lord Treasurer Middlesex’s house at Chelsea, after passing to the Duke of Beaufort, was called Beaufort House. It was afterwards sold to Sir Hans Sloane. When the house was taken down in 1740, its gateway, built by Inigo Jones, was given by Sir Hans Sloane to the Earl of Burlington, who removed it with the greatest care to his garden at Chiswick, where it may be still seen. (Ward.) Southern was invited to dine on his birthday with Lord Orrery, who had prepared the entertainment, of which the bill of fare is here set down. Explained by Carruthers to refer to the large sums of money given in charity on account of the severity of the weather about the year 1740. ‘I shall here,’ says Dr. Warton, ‘present the reader with a valuable literary curiosity, a Fragment of an unpublished Satire of Pope, entitled, One Thousand Seven Hundred and Forty; communicated to me by the kindness of the learned and worthy Dr. Wilson, formerly fellow and librarian of Trinity College, Dublin; who speaks of the Fragment in the following terms:— ‘ “This poem I transcribed from a rough draft in Pope’s own hand. He left many blanks for fear of the Argus eye of those who, if they cannot find, can fabricate treason; yet, spite of his precaution, it fell into the hands of his enemies. To the hieroglyphics there are direct allusions, I think, in some of the notes on the Dunciad. It was lent me by a grandson of Lord Chetwynd, an intimate friend of the famous Lord Bolingbroke, who gratified his curiosity by a boxful of the rubbish and sweepings of Pope’s study, whose executor he was, in conjunction with Lord Marchmont.” ’ with wit that must Sent in an undated letter to Martha Blount. Un jour, dit un auteur, etc. Swift set up a plain monument to his grandfather, and also presented a cup to the church of Goodrich, or Gotheridge (in Herefordshire). He sent a pencilled elevation of the monument (a simple tablet) to Mrs. Howard, who returned it with the following lines, inscribed on the drawing by Pope. The paper is endorsed, in Swift’s hand: ‘Model of a monument for my grandfather, with Pope’s roguery.’ (Scott’s Life of Swift.) It is not known who the Bishop was. The ‘lying Dean’ refers to Dr. Alured Clarke, who preached a fulsome sermon upon the Queen’s death. First printed in the Gentleman’s Magazine in 1735. This Journal was established in January, 1730, and carried on for eight years by Pope and his friends, in answer to the attacks provoked by the Dunciad. It corresponds in some measure to the Xenien of Goethe and Schiller. Only such pieces are here inserted as bear Pope’s distinguishing signature A.; several others are probably his. (Ward.) Occasioned by seeing some sheets of Dr. Bentley’s edition of Milton’s Paradise Lost. The sting of this epigram was for Cibber, then Poet Laureate. His saltem accumulem donis, et fungar inani Munere! Virg. [Æn. vii. 885.] Who, having resigned his Place, died in his retirement at Easthamsted, in Berkshire, 1716. At the Church of Stanton-Harcourt, Oxfordshire, 1720. His only daughter having expired in his arms immediately after she arrived in France to see him. John Hughes and Sarah Drew. See Pope’s letter to Lady Mary written in September, 1718. The subject is supposed to be John Gay. The first two epistles of the Essay on Man were written in 1732, the third in the year following, and the fourth in 1734, when the complete Essay was published as we have it. Having proposed to write some pieces on Human Life and Manners, such as, to use my Lord Bacon’s expression, ‘come home to men’s business and bosoms,’ I thought it more satisfactory to begin with considering Man in the abstract, his nature and his state: since to prove any moral duty, to enforce any moral precept, or to examine the perfection or imperfection of any creature whatsoever, it is necessary first to know what condition and relation it is placed in, and what is the proper end and purpose of its being. The science of Human Nature is, like all other sciences, reduced to a few clear points: there are not many certain truths in this world. It is therefore in the anatomy of the mind, as in that of the body; more good will accrue to mankind by attending to the large, open, and perceptible parts, than by studying too much such finer nerves and vessels, the conformations and uses of which will for ever escape our observation. The disputes are all upon these last; and, I will venture to say, they have less sharpened the wits than the hearts of men against each other, and have diminished the practice more than advanced the theory of morality. If I could flatter myself that this Essay has any merit, it is in steering betwixt the extremes of doctrines seemingly opposite, in passing over terms utterly unintelligible and in forming a temperate, yet not inconsistent, and a short, yet not imperfect, system of ethics. This I might have done in prose; but I chose verse, and even rhyme, for two reasons. The one will appear obvious; that principles, maxims, or precepts, so written, both strike the reader more strongly at first, and are more easily retained by him afterwards: the other may seem odd, but it is true: I found I could express them more shortly this way than in prose itself; and nothing is more certain than that much of the force as well as grace of arguments or instructions depends on their conciseness. I was unable to treat this part of my subject more in detail without becoming dry and tedious; or more poetically without sacrificing perspicuity to ornament, without wandering from the precision, or breaking the chain of reasoning. If any man can unite all these without diminution of any of them, I freely confess he will compass a thing above my capacity. What is now published is only to be considered as a general Map of Man, marking out no more than the greater parts, their extent, their limits, and their connexion, but leaving the particular to be more fully delineated in the charts which are to follow; consequently these epistles in their progress (if I have health and leisure to make any progress) will be less dry, and more susceptible of poetical ornament. I am here only opening the fountains, and clearing the passage: to deduce the rivers, to follow them in their course, and to observe their effects, may be a task more agreeable. Of Man in the abstract. I. That we can judge only with regard to our own system, being ignorant of the relations of systems and things, verse 17, etc. II. That Man is not to be deemed imperfect, but a being suited to his place and rank in the creation, agreeable to the general order of things, and conformable to ends and relations to him unknown, verse 35, etc. III. That it is partly upon his ignorance of future events, and partly upon the hope of a future state, that all his happiness in the present depends, verse 77, etc. IV. The pride of aiming at more knowledge, and pretending to more perfection, the cause of Man’s error and misery. The impiety of putting himself in the place of God, and judging of the fitness or unfitness, perfection or imperfection, justice or injustice, of his dispensations, verse 113, etc. V. The absurdity of conceiting himself the final cause of the creation, or expecting that perfection in the moral world which is not in the natural, verse 131, etc. VI. The unreasonableness of his complaints against Providence, while, on the one hand, he demands the perfections of the angels, and, on the other, the bodily qualifications of the brutes; though to possess any of the sensitive faculties in a higher degree would render him miserable, verse 173, etc. VII. That throughout the whole visible world a universal order and gradation in the sensual and mental faculties is observed, which causes a subordination of creature to creature, and of all creatures to man. The gradations of Sense, Instinct, Thought, Reflection, Reason: that Reason alone countervails all the other faculties, verse 207, etc. VIII. How much further this order and subordination of living creatures may extend above and below us; were any part of which broken, not that part only, but the whole connected creation must be destroyed, verse 213, etc. IX. The extravagance, madness, and pride of such a desire, verse 209, etc. X. The consequence of all, the absolute submission due to Providence, both as to our present and future state, verse 281, etc., to the end. I. The business of Man not to pry into God, but to study himself. His middle nature; his powers and frailties, verses 1 to 19. The limits of his capacity, verse 19, etc. II. The two principles of Man, Self-love and Reason, both necessary. Self-love the stronger, and why. Their end the same, verse 81, etc. III. The Passions, and their use. The predominant passion, and its force. Its necessity, in directing men to different purposes. Its providential use, in fixing our principle, and ascertaining our virtue, verse 93, etc. IV. Virtue and Vice joined in our mixed nature; the limits near, yet the things separate and evident: what is the office of Reason, verse 203, etc. V. How odious Vice in itself, and how we deceive ourselves into it, verse 217, etc. VI. That, however, the ends of Providence, and general goods, are answered in our passions and imperfections. How usefully these are distributed to all orders of men: how useful they are to Society; and to individuals; in every state, and every age of life, verse 238, etc., to the end. I. The whole Universe one system of Society. Nothing made wholly for itself, nor yet wholly for another. The happiness of animals mutual, verse 7, etc. II. Reason or Instinct operates alike to the good of each individual. Reason or Instinct operates also to Society in all animals, verse 49, etc. III. How far Society carried by Instinct;—how much farther by reason, verse 109, etc. IV. Of that which is called the state of nature. Reason instructed by Instinct in the invention of arts;—and in the forms of Society, verse 144, etc. V. Origin of political societies;—origin of Monarchy;—patriarchal government, verse 199, etc. VI. Origin of true Religion and Government, from the same principle of Love;—origin of Superstition and Tyranny, from the same principle of Fear. The influence of Self-love operating to the social and public good. Restoration of true Religion and Government on their first principle. Mixed government. Various forms of each, and the true end of all, verse 215, etc. I. False notions of Happiness, philosophical and popular, answered, from verses 19 to 26. II. It is the end of all men, and attainable by all. God intends Happiness to be equal; and, to be so, it must be social, since all particular Happiness depends on general, and since he governs by general, and since he governs by general, not particular laws. As it is necessary for order, and the peace and welfare of Society, that external goods should be unequal, Happiness is not made to consist in these. But notwithstanding that inequality, the balance of Happiness among mankind is kept even by Providence, by the two passions of Hope and Fear, verse 29, etc. III. What the Happiness of individuals is, as far as is consistent with the constitution of this world; and that the good man has here the advantage. The error of imputing to virtue what are only the calamities of Nature, or of Fortune, verse 77, etc. IV. The folly of expecting that God should alter his general laws in favour of particulars, verse 123, etc. V. That we are not judges who are good; but that whoever they are, they must be happiest, verse 131, etc. VI. That external goods are not the proper rewards, but often inconsistent with, or destructive of Virtue. That even these can make no man happy without Virtue:—instanced in Riches; Honours; Nobility; Greatness; Fame; Superior Talents, with pictures of human infelicity in men possessed of them all, verse 149, etc. VII. That Virtue only constitutes a Happiness, whose object is universal, and whose prospect eternal. That the perfection of Virtue and Happiness consists in a conformity to the Order of Providence here, and a resignation to it here and hereafter, verse 327, etc. The present order of the Moral Essays is very different from that of their original publication. The fifth epistle (to Addison) was written in 1715, and published five years later in Tickell’s edition of Addison’s works. The fourth epistle (to the Earl of Burlington) was published in 1731, under the title Of Taste. The third epistle (to Lord Bathurst) was published in 1732, and followed in 1733 by the first epistle (to Lord Cobham). The second epistle (to a Lady) was published in 1735. The whole series appeared in their present order, under the direction of Warburton, after Pope’s death. Though it is doubtful how far it suggests Pope’s primary intention, Warburton’s Advertisement is here printed because Pope undoubtedly wished it, with its flattering implication of his philosophical breadth, to be accepted as a true statement of a plan which was plainly broader than its execution. The Essay on Man was intended to be comprised in four books:— The first of which the author has given us under that title in four epistles. The second was to have consisted of the same number: 1. Of the extent and limits of human reason. 2. Of those arts and sciences, and of the parts of them, which are useful, and therefore attainable; together with those which are unuseful, and therefore unattainable. 3. Of the nature, ends, use, and application of the different capacities of men. 4. Of the use of learning; of the science of the world; and of wit; concluding with a satire against the misapplication of them, illustrated by pictures, characters, and examples. The third book regarded civil regimen, or the science of politics; in which the several forms of a republic were to be examined and explained; together with the several modes of religious worship, as far forth as they affect society: between which the author always supposed there was the most interesting relation and closest connection. So that this part would have treated of civil and religious society in their full extent. The fourth and last book concerned private ethics, or practical morality, considered in all the circumstances, orders, professions, and stations of human life. The scheme of all this had been maturely digested, and communicated to Lord Bolingbroke, Dr. Swift, and one or two more; and was intended for the only work of his riper years; but was, partly through ill health, partly through discouragements from the depravity of the times; and partly on prudential and other considerations, interrupted, postponed, and lastly, in a manner, laid aside. But as this was the author’s favourite work, which more exactly reflected the image of his strong capacious mind, and as we can have but a very imperfect idea of it from the disjecta membra poetœ that now remain, it may not be amiss to be a little more particular concerning each of these projected books. The first, as it treats of man in the abstract, and considers him in general under every one of his relations, becomes the foundation, and furnishes out the subjects of the three following: so that— The second book was to take up again the first and second epistles of the first book, and to treat of man in his intellectual capacity at large, as has been explained above. Of this only a small part of the conclusion (which, as we said, was to have contained a satire against the misapplication of wit and learning) may be found in the fourth book of the Dunciad; and up and down, occasionally, in the other three. The third book, in like manner, was to reassume the subject of the third epistle of the first, which treats of man in his social, political, and religious capacity. But this part the poet afterwards conceived might be best executed in an epic poem, as the action would make it more animated, and the fable less invidious; in which all the great principles of true and false governments and religions should be chiefly delivered in feigned examples. The fourth and last book was to pursue the subject of the fourth epistle of the first, and to treat of ethics, or practical morality; and would have consisted of many members, of which the four following epistles are detached portions; the two first, on the characters of men and women, being the introductory part of this concluding book. of the knowledge and characters of men I. That it is not sufficient for this knowledge to consider Man in the abstract; Books will not serve the purpose, nor yet our own Experience singly. General maxims, unless they be formed upon both, will be but notional. Some peculiarity in every man, characteristic to himself, yet varying from himself. Difficulties arising from our own Passions, Fancies, Faculties, &c. The shortness of Life to observe in, and the uncertainty of the Principles of action in men to observe by. Our own Principle of action often hid from ourselves. Some few Characters plain, but in general confounded, dissembled, or inconsustent. The same man utterly different in different places and seasons. Unimaginable weaknesses in the greatest. Nothing constant and certain but God and Nature. No judging of the Motives from the actions; the same actions proceeding from contrary Motives, and the same Motives influencing contrary actions. II. Yet to form Characters we can only take the strongest actions of a man’s life, and try to make them agree: the utter uncertainty of this, from Nature itself, and from Policy. Characters given according to the rank of men of the world; and some reason for it. Education alters the Nature, or at least the Character, of many. Actions, Passions, Opinions, Manners, Humours, or Principles, all subject to change. No judging by Nature. III. It only remains to find (if we can) his Ruling Passion: that will certainly influence all the rest, and can reconcile the seeming or real inconsistency of all his actions. Instanced in the extraordinary character of Clodio. A caution against mistaking second qualities for first, which will destroy all possibility of the knowledge of mankind. Examples of the strength of the Ruling Passion, and its continuation to the last breath. That the particular Characters of women are not so strongly marked as those of men, seldom so fixed, and still more inconsistent with themselves. Instances of contrarieties given, even from such Characters as are more strongly marked, and seemingly, therefore, most consistent: as, 1. In the affected. 2. In the soft-natured. 3. In the cunning and artful. 4. In the whimsical. 5. In the lewd and vicious. 6. In the witty and refined. 7. In the stupid and simple. The former part having shown that the particular characters of women are more various than those of men, it is nevertheless observed that the general characteristic of the sex, as to the Ruling Passion, is more uniform. This is occasioned partly by their Nature, partly by their Education, and in some degree by Necessity. What are the aims and the fate of this sex: 1. As to Power. 2. As to Pleasure. Advice for their true interest. The picture of an estimable woman, with the best kind of contrarieties. of the use of riches That it is known to few, most falling into one of the extremes, Avarice or Profusion. The point discussed, whether the invention of money has been more commodious or pernicious to mankind. That Riches, either to the Avaricious or the Prodigal, cannot afford happiness, scarcely necessaries. That Avarice is an absolute frenzy, without an end or purpose. Conjectures about the motives of avaricious men. That the conduct of men, with respect to Riches, can only be accounted for by the Order of Providence, which works the general good out of extremes, and brings all to its great end by perpetual revolutions. How a Miser acts upon principles which appear to him reasonable. How a Prodigal does the same. The due medium and true use of riches. The Man of Ross. The fate of the Profuse and the Covetous, in two examples; both miserable in life and in death. The story of Sir Balaam. The vanity of Expense in people of wealth and quality. The abuse of the word Taste. That the first principle and foundation in this, as in every thing else, is Good Sense. The chief proof of it is to follow Nature, even in works of mere luxury and elegance. Instanced in Architecture and Gardening, where all must be adapted to the genius and use of the place, and the beauties not forced into it, but resulting from it. How men are disappointed in their most expensive undertakings for want of this true foundation, without which nothing can please long, if at all; and the best examples and rules will but be perverted into something burdensome and ridicculous. A description of the false taste of Magnificence; the first grand error of which is to imagine that greatness consists in the size and dimension, instead of the proportion and harmony, of the whole; and the second, either in joining together parts incoherent, or too minutely resembling, or, in the repetition of the same too frequently. A word or two of false taste in books, in music, in painting, even in preaching and prayer, and lastly in entertainments. Yet Providence is justified in giving wealth to be squandered in this manner, since it is dispersed to the poor and laborious part of mankind. [Recurring to what is laid down in the first book, ep. ii. and in the epistle preceding this.] What are the proper objects of Magnificence, and a proper field for the expense of great men. And, finally, the great and public works which become a Prince. ‘This was originally written,’ says Pope, ‘in the year 1715, when Mr. Addison intended to publish his book Of Medals; it was some time before he was Secretary of State; but not published till Mr. Tickell’s edition of his works; at which time the verses on Mr. Craggs, which conclude the poem, were added, viz., in 1720.’ Warburton connects the epistle with the preceding Essays in this ingenious way: ‘As the third epistle treated the extremes of Avarice and Profusion, and the fourth took up one particular branch of the latter, namely the vanity of expense in people of wealth and quality, and was therefore corollary to the third; so this treats of one circumstance of that vanity, as it appears in the common collections of old coins; and is therefore a corollary to the fourth.’ This was written in 1738 to correct the impression of fatalism which Warburton’s ingenious exposition had failed to remove. Pope had really as little mind for dogma as most poets; but these verses represent what, in view of the instructions of Bolingbroke, corrected by Warburton, he now believed himself to believe. The Satires retain nearly the order of their original publication. They appeared between 1733 and 1738. It is said that Bolingbroke suggested the translation of the First Satire of the Second Book of Horace, and that the translation of the others was done somewhat at random, as Pope saw his opportunity of adapting them to his own day. This paper is a sort of bill of complaint, begun many years since, and drawn up by snatches, as the several occasions offered. I had no thoughts of publishing it, till it pleased some Persons of Rank and Fortune (the authors of ‘Verses to the Imitator of Horace,’ and of an ‘Epistle to a Doctor of Divinity from a Nobleman at Hampton Court’) to attack, in a very extraordinary manner, not only my Writings (of which, being public, the Public is judge), but my Person, Morals, and Family; whereof, to those who know me not, a truer information may be requisite. Being divided between the necessity to say something of myself, and my own laziness to undertake so awkward a task, I thought it the shortest way to put the last hand to this epistle. If it have any thing pleasing, it will be that by which I am most desirous to please, the Truth and the Sentiment; and if any thing offensive, it will be only to those I am least sorry to offend, the vicious or the ungenerous. Many will know their own pictures in it, there being not a circumstance but what is true; but I have, for the most part, spared their names, and they may escape being laughed at if they please. I would have some of them know it was owing to the request of the learned and candid Friend to whom it is inscribed, that I make not as free use of theirs as they have done of mine. However, I shall have this advantage and honour on my side, that whereas, by their proceeding, any abuse may be directed at any man, no injury can possibly be done by mine, since a nameless character can never be found out but by its truth and likeness. Ludentis speciem dabit, et torquebitur.—Hor. The occasion of publishing these Imitations was the clamour raised on some of my Epistles. An answer from Horace was both more full and of more dignity than any I could have made in my own person; and the example of much greater freedom in so eminent a divine as Dr. Donne, seemed a proof with what indignation and contempt a Christian may treat Vice or Folly, in ever so low or ever so high a station. Both these authors were acceptable to the Princes and Ministers under whom they lived. The satires of Dr. Donne I versified at the desire of the Earl of Oxford, while he was Lord Treasurer, and of the Duke of Shrewsbury, who had been Secretary of State; neither of whom looked upon a satire on vicious courts as any reflection on those they served in. And indeed there is not in the world a greater error than that which fools are so apt to fall into, and knaves with good reason to encourage,—the mistaking a Satirist for a Libeller; whereas to a true Satirist nothing is so odious as a Libeller, for the same reason as to a man truly virtuous nothing is so hateful as a hypocrite. Uni sequus virtuti atque ejus amicis. This satire was first published in 1733, under the title A Dialogue between Alexander Pope of Twickenham, on the one part, and the Learned Counsel on the other. The identification of Augustus with George II. makes it necessary to take much of this poem ironically. George II., since his accession ten years before this was written (1737), had shown absolute indifference to the literature of England. The critical portions of the satire undoubtedly present Pope’s real judgment of contemporary literature. The reflections of Horace, and the judgments passed in his Epistle to Augustus, seemed so seasonable to the present times, that I could not help applying them to the use of my own country. The author thought them considerable enough to address them to his prince, whom he paints with all the great and good qualities of a monarch upon whom the Romans depended for the increase of an absolute Empire; but to make the poem entirely English, I was willing to add one or two of those which contribute to the happiness of a Free People, and are more consistent with the welfare of our neighbours. This epistle will show the learned world to have fallen into two mistakes: one, that Augustus was a Patron of poets in general; whereas he not only prohibited all but the best writers to name him, but recommended that care even to the civil magistrate; Admonebat prœtores, ne paterentur nomen suum obsolefieri, &c.; the other, that this piece was only a general Discourse of Poetry; whereas it was an Apology for the Poets, in order to render Augustus more their patron. Horace here pleads the cause of his contemporaries; first, against the Taste of the town, whose humour it was to magnify the authors of the preceding age; secondly, against the Court and Nobility, who encouraged only the writers for the Theatre; and, lastly, against the Emperor himself, who had conceived them of little use to the Government. He shows (by a view of the progress of Learning, and the change of Taste among the Romans) that the introduction of the Polite Arts of Greece had given the writers of his time great advantages over their predecessors; that their Morals were much improved, and the license of those ancient poets restrained; that Satire and Comedy were become more just and useful; that whatever extravagancies were left on the stage were owing to the ill taste of the nobility; that poets, under due regulations, were in many respects useful to the State; and concludes, that it was upon them the Emperor himself must depend for his Fame with posterity. We may further learn from this Epistle, that Horace made his court to this great Prince, by writing with a decent freedom toward him, with a just contempt of his low flatterers, and with a manly regard to his own character. Ludentis speciem dabit, et torquebitur. The paraphrases of Donne were, by Pope’s statement, done several years before their publication in 1735. The first dialogue was originally entitled One Thousand Seven Hundred and thirty-eight, a Dialogue something like Horace. Johnson’s London is said by Boswell to have been published on the same morning of May, 1738, and in spite of its anonymity to have made more stir than Pope’s satire. Of the following Imitations of Horace the first two are rather imitations of Swift, Horace merely supplying the text for the travesty. For (as previous editors have not failed to point out) no styles could be found less like one another than the bland and polite style of Horace and the downright, and often cynically plain, manner of Swift. With Pope the attempt to write in Swift’s style was a mere tour de force, which he could indeed carry out with success through a few lines, but not further, without relapsing into his own more elaborate manner. Swift’s marvellous precision and netteté of expression are something very different from Pope’s pointed and rhetorical elegance. The Ode to Venus, which was first published in 1737, more nearly approaches the character of a translation. (Ward.) The first edition of The Dunciad was published in the spring of 1728, and included the first three books. In 1729 an edition with notes and other illustrative matter appeared, the original frontispiece of the owl being superseded by a vignette of a donkey bearing a pile of books upon which an owl perched. In this edition appeared the Dedication to Swift and the Letter to the Publisher. William Cleland, whose name is signed to this letter, was a real person and an acquaintance of Pope’s, but it is generally conceded that the letter is directly or indirectly the work of Pope himself. The fourth book, then called The New Dunciad, was published separately in 1742. In the complete edition of 1743, Cibber takes the place of Theobald as hero of the poem. During these fifteen years, public interest in the satire, which was undoubtedly great, was artificially stimulated by Pope. So subtle were his mystifications that the confusion into which he threw his commentators has only recently been set straight. This poem, as it celebrateth the most grave and ancient of things, Chaos, Night, and Dulness, so is it of the most grave and ancient kind. Homer (saith Aristotle) was the first who gave the form, and (saith Horace) who adapted the measure, to heroic poesy. But even before this may be rationally presumed, from what the ancients have left written, was a piece by Homer, composed of like nature and matter with this of our poet; for of epic sort it appeareth to have been, yet of matter surely not unpleasant; witness what is reported of it by the learned Archbishop Eustathius, in Odyssey X. And accordingly Aristotle, in his Poetic, chap. iv., doth further set forth, that as the Iliad and Odyssey gave an example to Tragedy, so did this poem to Comedy its first idea. From these authors also it should seem that the hero, or chief personage of it, was no less obscure, and his understanding and sentiments no less quaint and strange (if indeed not more so) than any of the actors of our poem. Margites was the name of this personage, whom antiquity recordeth to have been Dunce the First; and surely, from what we hear of him, not unworthy to be the root of so spreading a tree, and so numerous a posterity. The poem, therefore, celebrating him, was properly and absolutely a Dunciad; which though now unhappily lost, yet is its nature sufficiently known by the infallible tokens aforesaid. And thus it doth appear that the first Dunciad was the first epic poem, written by Homer himself, and anterior even to the Iliad or Odyssey. Now, forasmuch as our poet hath translated those two famous works of Homer which are yet left, he did conceive it in some sort his duty to imitate that also which was lost; and was therefore induced to bestow on it the same form which Homer’s is reported to have had, namely, that of epic poem; with a title also framed after the ancient Greek manner, to wit, that of Dunciad. Wonderful it is that so few of the moderns have been stimulated to attempt some Dunciad; since, in the opinion of the multitude, it might cost less pain and toil than an imitation of the greater epic. But possible it is also that, on due reflection, the maker might find it easier to paint a Charlemagne, a Brute, or a Godfrey, with just pomp and dignity heroic, than a Margites, a Codrus, or a Fleckno. We shall next declare the occasion and the cause which moved our poet to this particular work. He lived in those days when (after Providence had permitted the invention of printing as a scourge for the sins of the learned) paper also became so cheap, and printers so numerous, that a deluge of authors covered the land: whereby not only the peace of the honest unwriting subject was daily molested, but unmerciful demands were made of his applause, yea, of his money, by such as would neither earn the one nor deserve the other. At the same time the license of the press was such, that it grew dangerous to refuse them either; for they would forthwith publish slanders unpunished, the authors being anonymous, and skulking under the wings of publishers, a set of men who never scrupled to vend either calumny or blasphemy, as long as the town would call for it. Now our author, living in those times, did conceive it an endeavour well worthy an honest satirist, to dissuade the dull, and punish the wicked, the only way that was left. In that public-spirited view he laid the Plan of this poem, as the greatest service he was capable (without much hurt, or being slain) to render his dear country. First, taking things from their original, he considereth the causes creative of such authors, namely, dulness and poverty; the one born with them, the other contracted by neglect of their proper talents, through self-conceit of greater abilities. This truth he wrappeth in an allegory (as the construction of epic poesy requireth), and feigns that one of these goddesses had taken up her abode with the other, and that they jointly inspired all such writers and such works. He proceedeth to show the qualities they bestow on these authors, and the effects they produce; then the materials, or stock, with which they furnish them; and (above all) that self-opinion which causeth it to seem to themselves vastly greater than it is, and is the prime motive of their setting up in this sad and sorry merchandise. The great power of these goddesses acting in alliance (whereof as the one is the mother of industry, so is the other of plodding) was to be exemplified in some one great and remarkable action; and none could be more so than that which our poet hath chosen, viz. the restoration of the reign of Chaos and Night, by the ministry of Dulness their daughter, in the removal of her imperial seat from the city to the polite world; as the action of the Æneid is the restoration of the empire of Troy, by the removal of the race from thence to Latium. But as Homer, singing only the wrath of Achilles, yet includes in his poem the whole history of the Trojan war; in like manner, our author has drawn into this single action the whole history of Dulness and her children. A Person must next be fixed upon to support this action. This phantom, in the poet’s mind, must have a name. He finds it to be—; and he becomes of course the hero of the poem. The Fable being thus, according to the best example, one and entire, as contained in the proposition; the machinery is a continued chain of allegories, setting forth the whole power, ministry, and empire of Dulness, extended through her subordinate instruments, in all her various operations. This is branched into Episodes, each of which hath its moral apart, though all conducive to the main end. The crowd assembled in the second Book demonstrates the design to be more extensive than to bad poets only, and that we may expect other episodes of the patrons, encouragers, or paymasters of such authors, as occasion shall bring them forth. And the third Book, if well considered, seemeth to embrace the whole world. Each of the games relateth to some or other vile class of writers. The first concerneth the plagiary, to whom he giveth the name of Moore; the second the libellous novelist, whom he styleth Eliza; the third, the flattering dedicator; the fourth, the bawling critic, or noisy poet; the fifth the dark and dirty party-writer; and so of the rest; assigning to each some proper name or other, such as he could find. As for the Characters, the public hath already acknowledged how justly they are drawn. The manners are so depicted, and the sentiments so peculiar to those to whom applied, that surely to transfer them to any other or wiser personages would be exceeding difficult; and certain it is that every person concerned, being consulted apart, hath readily owned the resemblance of every portrait, his own excepted. So Mr. Cibber calls them ‘a parcel of poor wretches, so many silly flies;’ but adds, ‘our author’s wit is remarkably more bare and barren whenever it would fall foul on Cibber than upon any other person whatever.’ The Descriptions are singular, the comparisons very quaint, the narrations various, yet of one colour, the purity and chastity of diction is so preserved, that in the places most suspicious, not the words, but only the images, have been censured; and yet are those images no other than have been sanctified by ancient and classical authority (though, as was the manner of those good times, not so curiously wrapped up), yea, and commented upon by the most grave doctors and approved critics. As it beareth the name of Epic, it is thereby subjected to such severe indispensable rules as are laid on all neoterics, a strict imitation of the ancients; insomuch that any deviation, accompanied with whatever poetic beauties, hath always been censured by the sound critic. How exact that imitation hath been in this piece, appeareth not only by its general structure, but by particular allusions infinite, many whereof have escaped both the commentator and poet himself; yea divers, by his exceeding diligence, are so altered and interwoven with the rest, that several have already been, and more will be, by the ignorant abused, as altogether and originally his own. In a word, the whole Poem proveth itself to be the work of our author, when his faculties were in full vigour and perfection; at that exact time when years have ripened the judgment without diminishing the imagination; which, by good critics, is held to be punctually at forty: for at that season it was that Virgil finished his Georgics; and Sir Richard Blackmore, at the like age composing his Arthurs, declared the same to be the very acme and pitch of life for epic poesy; though, since, he hath altered it to sixty, the year in which he published his Alfred. True it is that the talents for criticism, namely, smartness, quick censure, vivacity of remark, certainty of asservation, indeed all but acerbity, seem rather the gifts of youth than of riper age: but it is far otherwise in poetry; witness the works of Mr. Rymer and Mr. Dennis, who, beginning with criticism, became afterwards such poets as no age hath paralleled. With good reason, therefore, did our author choose to write his Essay on that subject at twenty, and reserve for his maturer years this great and wonderful work of The Dunclad. It will be found a true observation, though somewhat surprising, that when any scandal is vented against a man of the highest distinction and character, either in the state or literature, the public in general afford it a most quiet reception, and the larger part accept it as favourably as if it were some kindness done to themselves: whereas, if a known scoundrel or blockhead but chance to be touched upon, a whole legion is up in arms, and it becomes the common cause of all scribblers, booksellers, and printers whatsoever. Not to search too deeply into the reason hereof, I will only observe as a fact, that every week, for these two months past, the town has been persecuted with pamphlets, advertisements, letters, and weekly essays, not only against the wit and writings, but against the character and person of Mr. Pope; and that of all those men who have received pleasure from his works (which by modest computation may be about a hundred thousand in these kingdoms of England and Ireland, not to mention Jersey, Guernsey, the Orcades, those in the New World, and foreigners who have translated him into their languages), of all this number not a man hath stood up to say one word in his defence. The only exception is the author of the following poem, who doubtless had either a better insight into the grounds of this clamour, or a better opinion of Mr. Pope’s integrity, joined with a greater personal love for him than any other of his numerous friends and admirers. Farther, that he was in his peculiar intimacy, appears from the knowledge he manifests of the most private authors of all the anonymous pieces against him, and from his having in this poem attacked no man living who had not before printed or published some scandal against this gentleman. How I came possessed of it, is no concern to the reader; but it would have been a wrong to him had I detained the publication; since those names which are its chief ornaments die off daily so fast, as must render it too soon unintelligible. If it provoke the author to give us a more perfect edition, I have my end. Who he is I cannot say, and (which is a great pity) there is certainly nothing in his style and manner of writing which can distinguish or discover him; for if it bears any resemblance to that of Mr. Pope, it is not improbable but it might be done on purpose, with a view to have it pass for his. But by the frequency of his allusions to Virgil, and a laboured (not to say affected) shortness in imitation of him, I should think him more an admirer of the Roman poet than of the Grecian, and in that not of the same taste with his friend. I have been well informed that this work was the labour of full six years of his life, and that he wholly retired himself from all the avocations and pleasures of the world to attend diligently to its correction and perfection; and six years more he intended to bestow upon it, as it should seem by this verse of Statius, which was cited at the head of his manuscript:— Hence also we learn the true title of the poem; which, with the same certainty as we call that of Homer the Iliad, of Virgil the Æneid, of Camöens the Lusiad, we may pronounce could have been, and can be, no other than It is styled heroic, as being doubly so; not only with respect to its nature, which, according to the best rules of the ancients, and strictest ideas of the moderns, is critically such; but also with regard to the heroical disposition and high courage of the writer, who dared to stir up such a formidable, irritable, and implacable race of mortals. There may arise some obscurity in chronology from the names in the poem, by the inevitable removal of some authors, and insertion of others in their niches: for, whoever will consider the unity of the whole design, will be sensible that the poem was not made for these authors, but these authors for the poem. I should judge that they were clapped in as they rose, fresh and fresh, and changed from day to day; in like manner as when the old boughs wither we thrust new ones into a chimney. I would not have the reader too much troubled or anxious, if he cannot decipher them; since, when he shall have found them out, he will probably know no more of the persons than before. Yet we judged it better to preserve them as they are, than to change them for fictitious names; by which the satire would only be multiplied, and applied to many instead of one. Had the hero, for instance, been called Codrus, how many would have affirmed him to have been Mr. T., Mr. E., Sir R. B.? &c., but now all that unjust scandal is saved, by calling him by a name which, by good luck, happens to be that of a real person. It is with pleasure I hear that you have procured a correct copy of the Dunciad, which the many surreptitious ones have rendered so necessary; and it is yet with more, that I am informed it will be attended with a Commentary; a work so requisite, that I cannot think the author himself would have omitted it, had he approved of the first appearance of this poem. Such Notes as have occurred to me I herewith send you: you will oblige me by inserting them amongst those which are, or will be, transmitted to you by others; since not only the author’s friends, but even strangers, appear engaged by humanity, to take some care of an orphan of so much genius and spirit, which its parent seems to have abandoned from the very beginning, and suffered to step into the world naked, unguarded, and unattended. It was upon reading some of the abusive papers lately published, that my great regard to a person whose friendship I esteem as one of the chief honours of my life, and a much greater respect to truth than to him or any man living, engaged me in inquiries of which the enclosed Notes are the fruit. I perceived that most of these authors had been (doubtless very wisely) the first aggressors. They had tried, till they were weary, what was to be got by railing at each other: nobody was either concerned or surprised if this or that scribbler was proved a dunce, but every one was curious to read what could be said to prove Mr. Pope one, and was ready to pay something for such a discovery; a stratagem which, would they fairly own it, might not only reconcile them to me, but screen them from the resentment of their lawful superiors, whom they daily abuse, only (as I charitably hope) to get that by them, which they cannot get from them. I found this was not all: ill success in that had transported them to personal abuse, either of himself, or (what I think he could less forgive) of his friends. They had called men of virtue and honour bad men, long before he had either leisure or inclination to call them bad writers; and some of them had been such old offenders, that he had quite forgotten their persons, as well as their slanders, till they were pleased to revive them. Now what had Mr. Pope done before to incense them? He had published those works which are in the hands of every body, in which not the least mention is made of any of them. And what has he done since? He has laughed, and written the Dunciad. What has that said of them? A very serious truth, which the public had said before, that they were dull; and what it had no sooner said, but they themselves were at great pains to procure, or even purchase, room in the prints to testify under their hands to the truth of it. I should still have been silent, if either I had seen any inclination in my friend to be serious with such accusers, or if they had only meddled with his writings; since whoever publishes, puts himself on his trial by his country: but when his moral character was attacked, and in a manner from which neither truth nor virtue can secure the most innocent; in a manner which, though it annihilates the credit of the accusation with the just and impartial, yet aggravates very much the guilt of the accusers—I mean by authors without names—then I thought, since the danger was common to all, the concern ought to be so; and that it was an act of justice to detect the authors, not only on this account, but as many of them are the same who, for several years past, have made free with the greatest names in church and state, exposed to the world the private misfortunes of families, abused all, even to women; and whose prostituted papers (for one or other party in the unhappy divisions of their country) have insulted the fallen, the friendless, the exiled, and the dead. Besides this, which I take to be public concern, I have already confessed I had a private one. I am one of that number who have long loved and esteemed Mr. Pope; and had often declared it was not his capacity or writings (which we ever thought the least valuable part of his character), but the honest, open, and beneficent man, that we most esteemed and loved in him. Now, if what these people say were believed, I must appear to all my friends either a fool or a knave; either imposed on myself, or imposing on them; so that I am as much interested in the confutation of these calumnies as he is himself. I am no author, and consequently not to be suspected either of jealousy or resentment against any of the men, of whom scarce one is known to me by sight; and as for their writings, I have sought them (on this one occasion) in vain, in the closets and libraries of all my acquaintance. I had still been in the dark, if a gentleman had not procured me (I suppose from some of themselves, for they are generally much more dangerous friends than enemies) the passages I send you. I solemnly protest I have added nothing to the malice or absurdity of them; which it behoves me to declare, since the vouchers themselves will be so soon and so irrecoverably lost. You may, in some measure, prevent it, by preserving at least their titles, and discovering (as far as you can depend on the truth of your information) the names of the concealed authors. The first objection I have heard made to the poem is, that the persons are too obscure for satire. The persons themselves, rather than allow the objection, would forgive the satire; and if one could be tempted to afford it a serious answer, were not all assassinates, popular insurrections, the insolence of the rabble without doors, and of domestics within, most wrongfully chastised, if the meanness of offenders indemnified them from punishment? On the contrary, obscurity renders them more dangerous, as less thought of: law can pronounce judgment only on open facts; morality alone can pass censure on intentions of mischief; so that for secret calumny, or the arrow flying in the dark, there is no public punishment left but what a good writer inflicts. The next objection is, that these sort of authors are poor. That might be pleaded as an excuse at the Old Bailey for lesser crimes than defamation (for it is the case of almost all who are tried there), but sure it can be none here: for who will pretend that the robbing another of his reputation supplies the want of it in himself? I question not but such authors are poor, and heartily wish the objection were removed by any honest livelihood; but poverty is here the accident, not the subject. He who describes malice and villany to be pale and meagre, expresses not the least anger against paleness or leanness, but against malice and villany. The apothecary in Romeo and Juliet is poor; but is he therefore justified in vending poison? Not but poverty itself becomes a just subject of satire, when it is the consequence of vice, prodigality, or neglect of one’s lawful calling; for then it increases the public burden, fills the streets and highways with robbers, and the garrets with clippers, coiners, and weekly journalists. But admitting that two or three of these offend less in their morals than in their writings; must poverty make nonsense sacred? If so, the fame of bad authors would be much better consulted than that of all the good ones in the world; and not one of a hundred had ever been called by his right name. They mistake the whole matter: it is not charity to encourage them in the way they follow, but to get them out of it; for men are not bunglers because they are poor, but they are poor because they are bunglers. Is it not pleasant enough to hear our authors crying out on the one hand, as if their persons and characters were too sacred for satire; and the public objecting, on the other, that they are too mean even for ridicule? But whether bread or fame be their end, it must be allowed, our author, by and in this poem, has mercifully given them a little of both. There are two or three who, by their rank and fortune, have no benefit from the former objections, supposing them good, and these I was sorry to see in such company: but if, without any provocation, two or three gentlemen will fall upon one, in an affair wherein his interest and reputation are equally embarked, they cannot, certainly, after they have been content to print themselves his enemies, complain of being put into the number of them. Others, I am told, pretend to have been once his friends. Surely they are their enemies who say so, since nothing can be more odious than to treat a friend as they have done. But of this I cannot persuade myself, when I consider the constant and eternal aversion of all bad writers to a good one. Such as claim a merit from being his admirers, I would gladly ask, if it lays him under a personal obligation. At that rate, he would be the most obliged humble servant in the world. I dare swear for these in particular, he never desired them to be his admirers, nor promised in return to be theirs: that had truly been a sign he was of their acquaintance; but would not the malicious world have suspected such an approbation of some motive worse than ignorance, in the author of the Essay on Criticism? Be it as it will, the reasons of their admiration and of his contempt are equally subsisting, for his works and theirs are the very same that they were. One, therefore, of their assertions I believe may be true, ‘that he has a contempt for their writings:’ and there is another which would probably be sooner allowed by himself than by any good judge beside, ‘that his own have found too much success with the public.’ But as it cannot consist with his modesty to claim this as a justice, it lies not on him, but entirely on the public, to defend its own judgment. There remains, what, in my opinion, might seem a better plea for these people than any they have made use of:—If obscurity or poverty were to exempt a man from satire, much more should folly or dulness, which are still more involuntary; nay, as much so as personal deformity. But even this will not help them: deformity becomes an object of ridicule when a man sets up for being handsome; and so must dulness, when he sets up for a wit. They are not ridiculed because ridicule in itself is, or ought to be, a pleasure; but because it is just to undeceive and vindicate the honest and unpretending part of mankind from imposition; because particular interest ought to yield to general, and a great number, who are not naturally fools, ought never to be made so, in complaisance to those who are. Accordingly we find that in all ages all vain pretenders, were they ever so poor, or ever so dull, have been constantly the topics of the most candid satirists, from the Codrus of Juvenal to the Damon of Boileau. Having mentioned Boileau, the greatest poet and most judicious critic of his age and country, admirable for his talents, and yet perhaps more admirable for his judgment in the proper application of them, I cannot help remarking the resemblance betwixt him and our author, in qualities, fame, and fortune; in the distinctions shown them by their superiors, in the general esteem of their equals, and in their extended reputation amongst foreigners; in the latter of which ours has met with the better fate, as he has had for his translators persons of the most eminent rank and abilities in their respective nations. But the resemblance holds in nothing more than in their being equally absued by the ignorant pretenders to poetry of their times; of which not the least memory will remain but in their own writings, and in the notes made upon them. What Boileau has done in almost all his poems, our author has only in this. I dare answer for him he will do it in no more; and on this principle, of attacking few but who had slandered him, he could not have done it at all, had he been confined from censuring obscure and worthless persons: for scarce any other were his enemies. However, as the parity is so remarkable, I hope it will continue to the last; and if ever he should give us an edition of this poem himself, I may see some of them treated as gently, on their repentance or better merit, as Perrault and Quinault were at last by Boileau. In one point I must be allowed to think the character of our English poet the more amiable; he has not been a follower of fortune or success; he has lived with the great without flattery; been a friend to men in power without pensions, from whom, as he asked, so he received, no favour, but what was done him in his friends. As his satires were the more just for being delayed, so were his panegyrics; bestowed only on such persons as he had familiarly known, only for such virtues as he had long observed in them, and only at such times as others cease to praise, if not begin to calumniate them—I mean when out of power, or out of fashion. A satire, therefore, on writers so notorious for the contrary practice, became no man so well as himself; as none, it is plain, was so little in their friendships, or so much in that of those whom they had most abused; namely, the greatest and best of all parties. Let me add a further reason, that though engaged in their friendships, he never espoused their animosities; and can almost singly challenge this honour, not to have written a line of any man which, through guilt, through shame, or through fear, through variety of fortune, or change of interests, he was ever unwilling to own. I shall conclude with remarking, what a pleasure it must be to every reader of humanity to see all along that our author, in his very laughter, is not indulging his own ill nature, but only punishing that of others. As to his poem, those alone are capable of doing it justice who, to use the words of a great writer, know how hard it is (with regard both to his subject and his manner) vetustis dare novitatem, obsoletis nitorem, obscuris lucem, fastiditis gratiam. St. James’s, Dec. 22, 1728. It will be sufficient to say of this edition, that the reader has here a much more correct and complete copy of the Dunciad than has hitherto appeared. I cannot answer but some mistakes may have slipt into it, but a vast number of others will be prevented by the names being now not only set at length, but justified by the authorities and reasons given. I make no doubt the author’s own motive to use real rather than feigned names, was his care to preserve the innocent from any false application; whereas, in the former editions, which had no more than the initial letters, he was made, by keys printed here, to hurt the inoffensive; and (what was worse) to abuse his friends, by an impression at Dublin. The commentary which attends this poem was sent me from several hands, and consequently must be unequally written; yet will have one advantage over most commentaries, that it is not made upon conjectures, or at a remote distance of time: and the reader cannot but derive one pleasure from the very obscurity of the persons it treats of, that it partakes of the nature of a secret, which most people love to be let into, though the men or the things be ever so inconsiderable or trivial. Of the persons, it was judged proper to give some account: for, since it is only in this monument that they must expect to survive (and here survive they will, as long as the English tongue shall remain such as it was in the reigns of Queen Anne and King George), it seemed but humanity to bestow a word or two upon each, just to tell what he was, what he writ, when he lived, and when he died. If a word or two more are added upon the chief offenders, it is only as a paper pinned upon the breast to mark the enormities for which they suffered; lest the correction only should be remembered, and the crime forgotten. In some articles it was thought sufficient barely to transcribe from Jacob, Curll, and other writers of their own rank, who were much better acquainted with them than any of the authors of this comment can pretend to be. Most of them had drawn each other’s characters on certain occasions; but the few here inserted are all that could be saved from the general destruction of such works. Of the part of Scriblerus I need say nothing: his manner is well enough known, and approved by all but those who are too much concerned to be judges. The imitations of the ancients are added, to gratify those who either never read, or may have forgotten them; together with some of the parodies and allusions to the most excellent of the moderns. If, from the frequency of the former, any man think the poem too much a cento, our poet will but appear to have done the same thing in jest which Boileau did in earnest, and upon which Vida, Fracastorius, and many of the most eminent Latin poets, professedly valued themselves. We apprehend it can be deemed no injury to the author of the three first books of the Dunciad that we publish this fourth. It was found merely by accident, in taking a survey of the library of a late eminent nobleman; but in so blotted a condition, and in so many detached pieces, as plainly showed it to be not only incorrect, but unfinished. That the author of the three first books had a design to extend and complete his poem in this manner, appears from the dissertation prefixed to it, where it is said, that ‘The design is more extensive, and that we may expect other episodes to complete it;’ and, from the declaration in the argument to the third book, that ‘The accomplishment of the prophecies therein would be the theme hereafter of a greater Dunciad.’ But whether or no he be the author of this, we declare ourselves ignorant. If he be, we are no more to be blamed for the publication of it, than Tucca and Varius for that of the last six books of the Æneid, though, perhaps, inferior to the former. If any person be possessed of a more perfect copy of this work, or of any other fragments of it, and will communicate them to the publisher, we shall make the next edition more complete: in which we also promise to insert any criticisms that shall be published (if at all to the purpose), with the names of the authors; or any letters sent us (though not to the purpose) shall yet be printed, under the title of Epistolœ obscurorum virorum; which, together with some others of the same kind, formerly laid by for that end, may make no unpleasant addition to the future impressions of this poem. I have long had a design of giving some sort of notes on the works of this poet. Before I had the happiness of his acquaintance, I had written a commentary on his Essay on Man, and have since finished another on the Essay on Criticism. There was one already on the Dunciad, which had met with general approbation; but I still thought some additions were wanting (of a more serious kind) to the humorous notes of Scriblerus, and even to those written by Mr. Cleland, Dr. Arbuthnot, and others. I had lately the pleasure to pass some months with the author in the country, where I prevailed upon him to do what I had long desired, and favour me with his explanation of several passages in his works. It happened, that just at that juncture was published a ridiculous book against him, full of personal reflections, which furnished him with a lucky opportunity of improving this poem, by giving it the only thing it wanted, a more considerable hero. He was always sensible of its defect in that particular, and owned he had let it pass with the hero it had, purely for want of a better, not entertaining the least expectation that such a one was reserved for this post as has since obtained the laurel: but since that had happened, he could no longer deny this justice either to him or the Dunciad. And yet I will venture to say, there was another motive which had still more weight with our author: this person was one who, from every folly (not to say vice) of which another would be ashamed, has constantly derived a vanity; and therefore was the man in the world who would least be hurt by it. By virtue of the Authority in us vested by the Act for subjecting Poets to the power of a Licenser, we have revised this Piece; where finding the style and appellation of King to have been given to a certain Pretender, Pseudopoet, or Phantom, of the name of Tibbald; and apprehending the same may be deemed in some sort a reflection on Majesty, or at least an insult on that Legal Authority which has bestowed on another person the Crown of Poesy: we have ordered the said Pretender, Pseudopoet, or Phantom, utterly to vanish and evaporate out of this work; and do declare the said Throne of Poesy from henceforth to be abdicated and vacant, unless duly and lawfully supplied by the Laureate himself. And it is hereby enacted that no other person do presume to fill the same. The Proposition, the Invocation, and the Inscription. Then the original of the great Empire of Dulness, and cause of the continuance thereof. The College of the Goddess in the city, with her private academy for Poets in particular; the Governors of it, and the four Cardinal Virtues. Then the poem hastes into the midst of things, presenting her, on the evening of a Lord Mayor’s day, revolving the long succession of her sons, and the glories past and to come. She fixes her eye on Bayes, to be the Instrument of that great event which is the Subject of the poem. He is described pensive among his books, giving up the Cause, and apprehending the Period of her Empire. After debating whether to betake himself to the Church, or to Gaming, or to Party-writing, he raises an altar of proper books, and (making first his solemn prayer and declaration) purposes thereon to sacrifice all his unsuccessful writings. As the pile is kindled, the Goddess, beholding the flame from her seat, flies and puts it out, by casting upon it the poem of Thulé. She forthwith reveals herself to him, transports him to her Temple, unfolds her Arts, and initiates him into her Mysteries; then announcing the death of Eusden, the Poet Laureate, anoints him, carries him to Court, and proclaims him Successor. The King being proclaimed, the solemnity is graced with public games and sports of various kinds; not instituted by the Hero, as by Æneas in Virgil, but for greater honour by the Goddess in person (in like manner as the games Pythia, Isthmia, &c. were anciently said to be ordained by the Gods, and as Thetis herself appearing, according to Homer, Odyssey xxiv. proposed the prizes in honour of her son Achilles). Hither flock the Poets and Critics, attended, as is but just, with their Patrons and Booksellers. The Goddess is first pleased, for her disport, to propose games to the Booksellers, and setteth up the phantom of a Poet, which they contend to overtake. The Races described, with their divers accidents. Next, the game for a Poetess. Then follow the exercises for the Poets, of tickling, vociferating, diving; the first holds forth the arts and practices of Dedicators, the second of Disputants and fustian Poets, the third of profound, dark, and dirty Party-writers. Lastly, for the Critics the Goddess proposes (with great propriety) an exercise, not of their parts, but their patience, in hearing the works of two voluminous authors, the one in verse and the other in prose, deliberately read, without sleeping; the various effects of which, with the several degrees and manners of their operation, are here set forth, till the whole number, not of Critics only, but of spectators, actors, and all present, fall fast asleep; which naturally and necessarily ends the games. After the other persons are disposed in their proper places of rest, the Goddess transports the King to her Temple, and there lays him to slumber with his head on her lap; a position of marvellous virtue, which causes all the visions of wild enthusiasts, projectors, politicians, inamoratos, castle-builders, chymists, and poets. He is immediately carried on the wings of Fancy, and led by a mad poetical Sibyl, to the Elysian shade; where, on the banks of Lethe, the souls of the dull are dipped by Bavius, before their entrance into this world. There he is met by the ghost of Settle, and by him made acquainted with the wonders of the place, and with those which he himself is destined to perform. He takes him to a Mount of Vision, from whence he shows him the past triumphs of the Empire of Dulness; then, the present; and, lastly, the future: how small a part of the world was ever conquered by Science, how soon those conquests were stopped, and these very nations again reduced to her dominion. Then distinguishing the island of Great Britain, shows by what aids, by what persons, and by what degrees, it shall be brought to her empire. Some of the persons he causes to pass in review before his eyes, describing each by his proper figure, character, and qualifications. On a sudden the scene shifts, and a vast number of miracles and prodigies appear, utterly surprising and unknown to the King himself, till they are explained to be the wonders of his own reign now commencing. On this subject Settle breaks into a congratulation, yet not unmixed with concern, that his own times were but the types of these. He prophesies how first the nation shall be overrun with Farces, Operas, and Shows; how the throne of Dulness shall be advanced over the Theatres, and set up even at Court; then how her sons shall preside in the seats of Arts and Sciences; giving a glimpse, or Pisgahsight, of the future fulness of her glory, the accomplishment whereof is the subject of the fourth and last book. The poet being, in this book, to declare the Completion of the Prophecies mentioned at the end of the former, makes a new Invocation; as the greater poets are wont, when some high and worthy matter is to be sung. He shows the Goddess coming in her majesty to destroy Order and Science, and to substitute the Kingdom of the Dull upon earth: how she leads captive the Sciences, and silences the Muses; and what they be who succeed in their stead. All her children, by a wonderful attraction, are drawn about her; and bear along with them divers others, who promote her empire by connivance, weak resistance, or discouragement of Arts; such as Half-wits, tasteless Admirers, vain Pretenders, the Flatterers of Dunces, or the Patrons of them. All these crowd round her; one of them offering to approach her, is driven back by a rival, but she commends and encourages both. The first who speak in form are the Geniuses of the Schools, who assure her of their care to advance her cause by confining youth to words, and keeping them out of the way of real knowledge. Their address, and her gracious answer; with her charge to them and the Universities. The Universities appear by their proper deputies, and assure her that the same method is observed in the progress of Education. The speech of Aristarchus on this subject. They are driven off by a band of young Gentlemen returned from travel with their tutors; one of whom delivers to the Goddess, in a polite oration, an account of the whole conduct and fruits of their travels; presenting to her at the same time a young Nobleman perfectly accomplished. She receives him graciously, and endues him with the happy quality of Want of Shame. She sees loitering about her a number of indolent persons abandoning all business and duty, and dying with laziness: to these approaches the antiquary Annius, entreating her to make them Virtuosos, and assign them over to him; but Mummius, another antiquary, complaining of his fraudulent proceeding, she finds a method to reconcile their difference. Then enter a troop of people fantastically adorned, offering her strange and exotic Presents: among them, one stands forth, and demands justice on another who had deprived him of one of the greatest curiosities in Nature; but he justifies himself so well, that the Goddess gives them both her approbation. She recommends to them to find proper employment for the Indolents before mentioned, in the study of Butterflies, Shells, Birds-nests, Moss, &c., but with particular caution not to proceed beyond trifles, to any useful or extensive views of Nature, or of the Author of Nature. Against the last of these apprehensions, she is secured by a hearty address from the Minute Philosophers and Freethinkers, one of whom speaks in the name of the rest. The Youth thus instructed and principled, are delivered to her in a body, by the hands of Silenus; and then admitted to taste the cup of the Magus, her high priest, which causes a total oblivion of all Obligations, divine, civil, moral, or rational. To these her adepts she sends Priests, Attendants, and Comforters, of various kinds; confers on them Orders and Degrees; and then dismissing them with a speech, confirming to each his privileges, and telling what she expects from each, concludes with a Yawn of extraordinary virtue: the Progress and Effects whereof on all orders of men, and the Consummation of all, in the restoration of Night and Chaos, conclude the Poem. Pope began the actual work of translating The Iliad in 1714. Swift not only strongly urged him to undertake the task, but by personal exertions secured for him a very large and distinguished list of subscribers. The first four books were published in 1715, and the succeeding books in 1717, 1718 and 1720. Homer is universally allowed to have had the greatest Invention of any writer whatever. The praise of judgment Virgil has justly contested with him, and others may have their pretensions as to particular excellencies; but his invention remains yet unrivalled. Nor is it a wonder if he has ever been acknowledged the greatest of poets, who most excelled in that which is the very foundation of poetry. It is the invention that in different degrees distinguishes all great geniuses: the utmost stretch of human study, learning, and industry, which masters everything besides, can never attain to this. It furnishes Art with all her materials, and without it, judgment itself can at best but steal wisely: for Art is only like a prudent steward, that lives on managing the riches of Nature. Whatever praises may be given to works of judgment, there is not even a single beauty in them but is owing to the invention: as in the most regular gardens, however Art may carry the greatest appearance, there is not a plant or flower but is the gift of Nature. The first can only reduce the beauties of the latter into a more obvious figure, which the common eye may better take in, and is therefore more entertained with them. And perhaps the reason why most critics are inclined to prefer a judicious and methodical genius to a great and fruitful one, is, because they find it easier for themselves to pursue their observations through an uniform and bounded walk of Art, than to comprehend the vast and various extent of Nature. Our author’s work is a wild paradise, where if we cannot see all the beauties so distinctly as in an ordered garden, it is only because the number of them is infinitely greater. It is like a copious nursery, which contains the seeds and first productions of every kind, out of which those who followed him have but selected some particular plants, each according to his fancy, to cultivate and beautify. If some things are too luxuriant, it is owing to the richness of the soil; and if others are not arrived to perfection or maturity, it is only because they are overrun and oppressed by those of a stronger nature. It is to the strength of this amazing invention we are to attribute that unequalled fire and rapture, which is so forcible in Homer, that no man of a true poetical spirit is master of himself while he reads him. What he writes is of the most animated nature imaginable; everything moves, everything lives, and is put in action. If a council be called, or a battle fought, you are not coldly informed of what was said or done as from a third person; the reader is hurried out of himself by the force of the poet’s imagination, and turns in one place to a hearer, in another to a spectator. The course of his verses resembles that of the army he describes, Οἱ δ’ ἀρ’ ἴσαν, ὡσεί τε πυρὶ χϑὼν πα̑σα νέμοιτο. They pour along like a fire that sweeps the whole earth before it. It is, however, remarkable that his fancy, which is everywhere vigorous, is not discovered immediately at the beginning of his poem in its fullest splendour; it grows in the progress both upon himself and others, and becomes on fire, like a chariot-wheel, by its own rapidity. Exact disposition, just thought, correct elocution, polished numbers, may have been found in a thousand; but this poetical fire, this vivida vis animi, in a very few. Even in works where all those are imperfect or neglected, this can overpower criticism, and make us admire even while we disapprove. Nay, where this appears, though attended with absurdities, it brightens all the rubbish about it, till we see nothing but its own splendour. This fire is discerned in Virgil, but discerned as through a glass, reflected from Homer, more shining than fierce, but everywhere equal and constant: in Lucan and Statius, it bursts out in sudden, short, and interrupted flashes: in Milton, it glows like a furnace kept up to an uncommon ardour by the force of art: in Shakespeare, it strik
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What a Wonderful Xmas Present! CIRCUS has announced the 18+ version, D.C.III R X-rated, coming out on April 26th! It will include additional material which was to be added to the cancelled Ver 1.35. I thought that the game was fine without any ero, but hey, I’m not complaining. There’s also an 15+ version if you would prefer that. As a result, the sequel D.C.III P2 has been pushed back to spring 2014. EX-ONE has a small fandisk, Manatsu no Chiisana Koi Monogatari, coming out in January 2013. It will feature heroines Yukina and Nozomi, and twin subheroines Kaede and Sakura. Other new releases announced this week include: Cotton Soft – Futagoza no Paradox Dandelion – Meguru Kisetsu no Yakusouku to, Tsunaida Sono Te no Nukumori to Jirai Soft – Tsuisou no Augment FD PeasSoft - Koi×Koi=∞ ~Koisuru Otome ni Dekiru Koto~ SkyFish – Guardian☆Place ~Do-S na Imouto to 3-nin no Yome~ Release dates have been set for the following: COSMIC CUTE’s LOVESICK PUPPIES has been delayed to February 28th. Yuuko won the Tototo chara poll, while Kurisu remained at first place in the Steins;Gate chara poll. The Oreaka and Gahkthun chara polls have started up and will run until January 14th and January 31st, respectively. ALTER – 1/8 scale Misty (Shining Blade, May, ￥13,650) Daiki Kougyou – 1/6 scale Celia (Walkure Romanze, June, ￥15,540) Griffon – 1/8 scale Kasen (Touhou, March, ￥8800) Kotobukiya – 1/7 scale Kriska Eishi Strengthening Equipment (Muv-Luv TE, May, ￥9240) ORCA TOYS – 1/5 scale Tamaki white bunny ver. (TH2, June, ￥12,800) I hope you’re all having an enjoyable holiday, whether it be full of presents, food or imoutos. I’ll see you all in the new year!
Creative encounters: call for proposals - deadline extended ASEF and partners are supporting new artistic and networking collaborations in the framework of the Creative Encounters: Cultural Partnerships between Asia and Europe 2012-2013 programme. Arts and cultural organisations are invited to submit proposals by 31 July 2012 for the second edition. The Creative Encounters programme supports multi-lateral projects in various disciplines of contemporary arts including performing arts, visual arts, literary arts, film and new media as well as cross-disciplinary and networking projects. The programme will foster engagement across cultures through artistic collaborations, exchanges and dialogues. This will deepen mutual understanding between the cultural communities of the two regions. Find all the details online.
Learn how to use Adobe Photoshop for Print in this Adobe CS3 Print Workflow training video series. Tags:How to Use Photoshop for Print,adobe,adobe photoshop cs3 extended,adobe photshop,introduction,print workflow,total training,use Grab video code: Hi! I am Claudia McCue and welcome to Total Training series for Adobe Creative Suite Design Premium with a focus on Print Workflow. Now, I have a confession to make, I am not a designer, but this video isn't intended to teach you design; it's meant to teach you how to prepare for successful print. Graphics applications like you do some wonderful things, but to paraphrase your mother, it's all fun and games until somebody's job can't be printed. These lessons will show you some helpful techniques for creating content, as well as useful tools for finding and fixing problems. Now, keep in mind that it's extremely important to communicate with your print service provider. Let them know what's coming their way and listen to their advice about real world print issues, and that way you will both be happy. Now, since almost every design job involves a trip into Adobe Photoshop, we will start there first, and then we will place our images into InDesign. Photoshop isn't limited to just RGB and CMYK, you can go beyond that to add features such as varnish plates and spot colors, and if you are sick of the dreaded Print tool, you will love density masking. So, let's take a look at the possibilities.
Lost your password? Leaking Like A Greasy Asshole v098 (Bush Admin Leaks) [MOV] 52.58 MB 2 file(s) Audio Book: Thomas Ayres - That's Not in My American History Book 371.60 MB 16 file(s) Turtles Can fly (2004) 4.17 GB 38 file(s) And Everything Is Going Fine (Soderbergh, 2010)IFC-aNaRCHo 786.99 MB 2 file(s) phpMyBitTorrent © 2005-2012 phpMyBitTorrent Team. This is free software and contains source code version of GNU/LGPL distributed libraries. You may redistribute the whole package and its source code according to the GNU/GPL license. The Development Team cannot be held responsible in any way for the results of the use of this software. Generated in 0.04 seconds
"I am not under any orders to make the world a better place" I get the feeling with a lot of actors that they're boring. That if I met them in real life they would have nothing of interest to say to me, or nothing of interest to say to most anybody. And why should they, I guess. They get paid for being pretty, for being good at pretending to be other people, for playing a nice game of dress up. Its especially true of young actors, the young leading men and leading ladies of modern cinema. Older stars - the likes of Jack Nicholson, say, or even an actor whose onscreen presence was always a little bland and muted; Robert Redford, they seem like interesting men, with life experiences and interests that would be worth hearing about. Could the same be said for Robert Pattinson or Taylor Kitsch or Chris Pine? Maybe it could, but I just don't see it. Ethan Hawke was once just such a young actor. Worse, he was a child actor. There he is at the tender age of 14 alongside River Phoenix, playing the lead in the thinking child's Goonies; Joe Dante's superb Explorers (1985). Somehow, Explorers flopped, and Hawke didn't act again until Dad (1989), and didn't really make an impression on anybody until Peter Weir's Dead Poets Society (1989), in which he is haunting and moving as the scholarship kid in a school full of little rich boys. This was the stage when his career should have stumbled, but instead this is where Hawke basically set the pattern for how he would run it which has continued to this day. First, he took the commercial option, taking the human lead in Disney's White Fang (Randal Kleiser, 1991), and following it with a bad teen-comedy - Mystery Date (Jonathan Wacks, 1991) - but then he chose to work with two youngish directors in promising, vaguely arty projects based on acclaimed novels. First, he joined the terrific young ensemble (Peter Berg, Kevin Dillon, Gary Sinise, Frank Whalley) in Keith Gordon's adaptation of William Wharton's A Midnight Clear (1992), then he took a part in Stephen Gyllenhaal's film of Graham Swift's Waterland (1992). Neither film made any money, but both were worthy and more intelligent than most Hollywood cinema even aspires to be. In each, there was nothing starry about Hawke. He disappeared into the ensemble, perhaps a tribute to his roots in theatre, where being part of a company of regular players is expected. He was part of another ensemble for his next big studio film, Alive (Frank Marshall, 1993) but he crystalized his image as a sort of super-slacker with his role as Troy in Reality Bites (Ben Stiller, 1994). A studio-engineered attempt to tap into the Generation X demographic which was considered a potential goldmine but also regarded as impossible to predict and difficult to market to, the film was written by Helen Childress while she was a 19 year old College Student, and it bends over backwards to be friendly to the generation it tries to portray. So its characters trade in pop culture references, are depressed about their McJobs but generally too apathetic and lazy to do much about it, and want to work in the arts (Troy is in a band and Lelaina makes documentaries). The whole thing is self-consciously youthful, with its satire of MTV and its soundtrack full of slightly-too mainstream alternative Rock and retro Classics ("My Sharona" and "Baby I Love Your Way" stand out). Hawke is almost comically slackerish - a poster-boy for a sterotyped generation - and his performance is sullen and lacking his usual sensitivity, though there are flashes of wit. But this role did seem to nudge him toward Richard Linklater, who would become perhaps his key creative partner over the next decade. His second big slacker role was in Linklater's sublime Before Sunrise (1995), in which he is likable and funny and believable as his somewhat lost young man spends a day wandering around Vienna with Julie Delpy's French stranger. With that film, Hawke gave himself a new cachet - he and Delpy were absolutely crucial to the film's success, and it did seem that each gave a lot of themselves to their characters. So Hawke's image as the intense, slightly too serious young bohemian Millionaire Hollywood actor was sealed. But he defied it, and this is what I respect about him. He doesn't care what his image is, he just wants to do the work. So he wrote a decent beat novel, The Hottest State, in 1996, and continued to make interesting films with interesting Directors. Over the next five years, he would publish another novel, direct an arty drama (Chelsea Walls, 2001) and appear in a diverse selection of fascinating material, from Andrew Niccol's minor masterpiece Gattaca (1997), through the flawed auteur-meets-a-modern-studio misfires of The Newton Boys (Linklater, 1998) and Great Expectations (Alfonso Cuaron, 1998) to Michael Almereyda's excellent Hamlet (2000) and Scott Hicks' lifeless but lovely Snow Falling On Cedars (1999). He was stretching himself and testing his chops as an actor and leading man. 2001 would be a big year for him. It seems a watershed, in fact. Firstly, he was brilliant in Linklater's Tape, a digitally-shot adaptation of Stephen Belber's intense three-hander play alongside his then-wife Uma Thurman and old Dead Poet's alumni Robert Sean Leonard. Then, he took the atypical decision to accept the key supporting role in Training Day (Antoine Fuqua). He had never really done any genre films before. But Training Day was as pulpy as Big Hollywood films ever get - a tale of dirty cops, ghetto politics, drug deals gone wrong, backstabbing and gunplay, its David Ayer script was elevated somewhat by a star of Denzel Washington's magnitude. Hawke just added to the air of classy slumming, and acting opposite Denzel obviously helped him up his game - in the film he is utterly sympathetic; vulnerable yet tough, confused yet wily, intimidated yet standing his ground. His performance supplies the foundation for Washington's much showier grandstanding. Last he directed Chelsea Walls, an obscure and somewhat tedious - but nicely directed - adaptation of Nicole Burdette's play with a great Jeff Tweedy soundtrack. Training Day had changed the way the industry saw Hawke, however, and he seemed eager to be regarded as a versatile, commercially viable leading man. So he guest-starred in an episode of Alias in 2003, before reuniting with Linklater and Delpy for the plain magnificent Before Sunset (2004). Around this time his marriage to Thurman was disintegrating and he worked a lot, demonstrating a marked - and new - enthusiasm for genre material in particular. First he took a role in D.J. Caruso's potboiler thriller Taking Lives (2004), perhaps the most obviously "paycheck" role of his entire career. He followed that by appearing in Jean-Francois Richet's remake of John Carpenter's Assault on Precinct 13 (2005). Richet's film is every inch the modern b-movie. Medium budget, midranked actors, action but no great spectacle, predictable in every particular, it just about works. Hawke plays it like hes doing Chekov, and this has been the most satisfying element of this phase of his career: he takes it seriously and never condescends to the material, even when it deserves condescension. So in the trashy, derivative Daybreakers (Michael & Peter Spierig, 2009), he seems earnest in his portrayal of the conscience-stricken vampire scientist searching for a miracle blood substitute, and his performance introduces the only discernible note of human emotional interest. He is in a good position and at a good age for an actor - the fact that he is neither a pretty boy nor a tough guy give him a rare versatility. He can play regular guys; blue collar workers and family men, as well as the usual cop roles and romantic leads. And he can act. His handsomeness is not perfect - he is vaguely horsey and adenoidal, but his intelligence is obvious in that quick wit and his facility with irony. And he retains the puppy dog quality Weir put to such good use in Dead Poets Society - sad, soulful eyes and an air of the overgrown boy hang around him in many roles. It makes him a compelling, unusual presence for a leading man, and gives him access to the sort of material denied to many of his generation. His background in theatre gives him a slight air of pretension by the standards of his peers, but that is a large part of why he is interesting. His recent career choices seem to centre on a handful of gritty morality plays in which he plays flawed men racked with problems, and these are the films which suggest most forcefully just how much he wants to do good, meaningful work. In Sidney Lumet's wrenching Before the Devil Knows You're Dead (2007) he is brilliant as the jittery younger brother set on robbing his parents jewellery store while also sleeping with the wife (Marisa Tomei) of his complicit, disintegrating elder sibling (Phillip Seymour Hoffman). In What Doesn't Kill You (Brian Goodman, 2008) he plays a South Boston smalltime criminal sliding towards his doom and taking his best friend from childhood (Mark Ruffalo) with him. The upcoming Brooklyn's Finest and Staten Island both seem to have similarly morally-charged subject matter and drab settings in the world of the minimum wage little-seen in the majority of contemporary Hollywood cinema. Most interesting to me, however, is another project with Richard Linklater, possibly to be titled Boyhood, and not due for release for another five years or so. Linklater has been filming one sequence a year for the last seven years, each sequence following the development of a young boy from his early years up through High School. Hawke plays his father opposite Patricia Arquette as the mother and Hawke talks a little about it (alongside a whole lot of other stuff) in this excellent interview. Probably the biggest compliment I can pay Hawke is to say that if I see that he is attached to a project, I am automatically more interested in that project. I trust his taste to a certain extent. He seems intelligent and articulate, and the fact that he and Delpy cowrote Before Sunset with Linklater attests to this, I think. I can imagine him having been around in the 1970s, working for the likes of Cassavetes and Coppola and Bogdonovich and Altman, in leads and character parts. That is not something I can say about many of his peers.
Nina Biopic Entering Production Nina has been in pre-production for a while now with Mary J Blige initially signed on to play the lead role of Nina Simone. However, due to financial issues the movie hasn’t gone beyond pre-production and eventually lost Blige. Yesterday’s announcement seems to have confirmed that the movie is moving forward again. The announcement is that Zoe Saldana will now play the lead role with production beginning on October 16th. What does this have to do with music? Well for those who don’t know already, Nina Simone was a very talented Jazz/Blues vocalist starting her career in the 50’s and gained recognition in the early 60’s. Simone became involved in the civil rights movement and incorporated civil rights messages within many of her songs throughout the 60’s and early 70’s. One of the most famous civil rights themed songs being “Mississippi Goddam” where she references a Birmingham, Alabama church bombing and asks people to join her as she seeks equality. Simone is credited by many current singers who state she’s one of their many influences. Singers like Ledisi, Aretha Franklin, Sade, and many more. Simone later passed away in her French home in 2003. I’m definitely looking forward to Nina. I would have loved to see Mary J Blige play the late singer, however, I think Zoe Saldana will have no problem rising to the occasion and pulling off a great performance. You can check out some compilation albums of Simone’s on Amazon MP3 as well as iTunes.
Wednesday, January 23, 2013 By Ernie Eddy To The Editor: In 1935, I remember my father buying five gallons of gasoline for a dollar; that is 20 cents a gallon. In 2008 gasoline was $1.85 a gallon. Gasoline went up $1.65 a gallon in 73 years. That is a little over 2.5 cents a gallon per year. In 2012 gasoline was $3.70 a gallon. It went up $1.85 a gallon in four years. That is a little over 46 cents a gallon per year. America’s modern economy runs on petroleum and electricity. Everything we buy in stores is brought in by diesel petroleum burning trucks. Where would we be without electricity in stores and our homes? When gasoline goes up a little over 2.5 cents a gallon per year for 73 years to a little over 46 cents a gallon per year in four years, that drastically deflates the value of our money. In the 1920s the German government printed so much money and deflated the value of it, they said it took a wheelbarrow full of money to buy a loaf of bread. That was one of the reasons for World War II and the world chaos of the 1930s and 1940s. When big government has control of the printing press that prints paper money, they can print so much that it deflates the value of it. Is this the way our big government is going so they can spend $4 billion a day more than they are taking in? Any 5-year-old child can spend money, but it takes an ambitious, intelligent adult to earn money. I think it is time to worry about the live 6 year old kids that have got to buy back the $16 trillion debt this country has got. The Oneida Daily Dispatch welcomes letters from our readers about subjects of interest. Letters should be fewer than 500 words. Letters are subject to editing for clarity, brevity and taste and limited to one per writer per calendar month. For more information call 363-5100 ex 137 or visit: http://bit.ly/Pes27p All letters must include the author's name, address and a daytime phone number to verify the letter's authenticity; phone number and exact street address will not be published. Please send to Oneida Daily Dispatch, 130 Broad St. Oneida, NY, 13421 or : LFurman@oneidadispatch.com
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23 May 2013 If you use a credit card, you are probably familiar with credit limits. When you reach your credit card limit (commonly called maxing out your card), you must pay down your principle before you put anything else on the card. Many people don’t realize that federal student loans also have limits, and, unless students are aware of these limits and practice responsible borrowing, there's the possibility that you could max out your student loans. When students rely too heavily on federal loans, they may reach their loan limits, leaving them unable to afford their education and stuck with unmanageable amounts of debt. Read on to learn about loan limits and how to avoid them through responsible borrowing. Annual and Total Loan Limits The federal government limits the total amount of subsidized and unsubsidized loans a student can borrow at one time – this is known as a total or aggregate loan limit. If you previously attended college and took out federal loans that you have not yet repaid, those loans will count toward your total loan limit. To check your prior federal student aid history and previous loans, visit the National Student Loan Data System at www.nslds.ed.gov. There is also an annual loan limit on the amount of loans you can borrow in one academic year. Total and annual loan limits depend on your year in school and whether you are dependent or independent student. You can see the annual and total loan limits that apply to you at http://studentaid.ed.gov/types/loans/subsidized-unsubsidized#how-much-can-i-borrow. If you're a current student, you can also contact your Student Finance Counselor to learn more. How to Avoid These Limits When you discuss your financial aid package with your Student Finance Counselor, make sure you understand your loan limits and try not to rely solely on federal loans. Here are just a few tips that can help you avoid reaching these limits. • Find alternative ways to finance your education, such as scholarships and grants. There are many scholarships and grants out there, so don’t be afraid to apply. They can make a big difference in your financial plan! • If you are currently employed and your desired degree relates to your job, ask your employer if they are willing to help sponsor your education. • By making regular cash payments, even as small as $20 per month, you can reduce the amount you need to borrow and the interest you’ll pay in the future. • Remember, you do not have to take the full amount of federal aid for which you are eligible. Only accept the aid that you truly need and do not use the loans for expenses outside of your education. • Stay committed to completing your education in a timely manner. Having to re-take a class will end up costing you extra. When you create a plan for paying for your degree, think about your long-term financial future. Remember, having to make large monthly payments on your student loan debt will limit what you can spend in the future on large purchases, such as your house or your car, and even daily expenses. Making the right choices today will help you tomorrow. 20 May 2013 The basic role of a public relations specialist is to communicate with the public about an organization and their policies, goals, community activities and business decisions. Public relations specialists assist clients in building and maintaining positive relationships with the public; preparing press releases, speeches and other informative materials for the media; and monitoring media coverage and public opinion. If this sounds appealing to you, here are a few things you should know about working in public relations. Some companies have in-house public relations departments or specialists, while other companies rely on a public relations firm. Each one has its benefits. When you work for an agency, you have the ability to work with many companies and personalities, and your messaging and goals will be varied, so you probably won't get bored. When you work for one company, you work mostly with a steady group of people and you may become very knowledgeable about the company's stakeholders, goals, positions and activities. Importance across Industries You may think that only large corporations or celebrities need public relations specialists, but that’s not true. Government agencies, from local to federal, use public relations specialists to inform the public of current and upcoming activities. Nonprofit organizations also rely heavily on public relations specialists, and schools, health or social welfare groups, churches, and hospitals often have at least one public relations specialist in their organization. People who are good communicators can excel in this career. In public relations, you'll interact with many people, so this might be a good choice for a social butterfly. Depending on your position, you may talk with the media, represent your company at public events, give speeches and work with high-level executives. You'll also need to enjoy problem-solving and be up for a challenge, because public relations specialists often must address sensitive or critical issues. The employment of public relations specialists and managers is expected to grow at an above average rate from 2010 to 2020. The Bureau of Labor Statistics (BLS) expects a 21 percent increase in the number of public relations jobs, estimating that by 2020, an additional 68,300 jobs in the field will become available. In 2010, the median pay for a public relations manager or specialist was $57,550, and experienced public relations specialist may earn over $90,000 per year, according to the BLS. (Learn more here: http://www.bls.gov/ooh/management/public-relations-managers-and-specialists.htm#.) If a career in public relations sounds right for you, learn more about the Bachelor of Science in Public Relations at South University, Online Programs! 17 May 2013 With Armed Forces Day this Saturday, May 18, 2013, we are proud to present three ways in which we honor our military students. Created in 1949 and first observed in 1950, Armed Forces Day is celebrated annually on the third Saturday of every May and recognizes and honors the five military branches: the Army, Navy, Marine Corps, Air Force and Coast Guard. 1. Graduation Teams Experienced in Working with Military Students At South University, Online Programs, all military students, veterans and spouses of service members will have a team of dedicated admissions, financial aid and advising representatives trained in and focused on meeting your needs as a military student. 2. University Credit for Your Military Experience We want to recognize your extensive military training and experience. Once you submit the paperwork, we’ll review your experience and training to determine your eligibility for credit toward your academic program. This transfer of credit could help you to cut expenses and graduate in less time. For more information, visit http://online.southuniversity.edu/military/military-transfer-of-credit.aspx. 3. Military Aid & Benefits Complete information on our military aid and benefit programs can be found at http://online.southuniversity.edu/military/, and you can speak with a Military Admissions Representative by calling 1-888-313-7209. Before you do, here’s a quick overview! For Military Personnel: We are pleased to offer an Active Duty Scholarship to eligible service members. For undergraduate programs the cost of tuition is $166 per credit hour after the scholarship is applied. For graduate level programs, South University offers an Active Duty Scholarship of 10%. For Veterans: For undergraduate and graduate programs, South University offers eligible veterans the Veteran Scholarship of 10%. We also participate in the Post 9/11 GI Bill and Yellow Ribbon Program. Furthermore, veterans using the educational benefits provided under the Montgomery GI Bill will find that a significant portion of their tuition expenses will be covered or reimbursed. The Application Fee is also waived for active duty, reserve, National Guard and veteran personnel who qualify. 9 May 2013 At South University, Online Programs, our students are inspiring individuals who work hard to make their dreams come true and make an impact in their industry, despite the obstacles they may face. In honor of National Nurses Week (May 6-12), we are featuring student Keah Allen, who is pursuing the Master of Science in Nursing (MSN) degree with the Nurse Educator Specialization. Q: Why did you choose to pursue a career in nursing? A: I originally started college to become a secondary education teacher; however, my mom became ill with breast cancer and we had too many unknowns. So, I began taking some science classes and decided to become a nurse because I had so much admiration for the ones who took care of my mom and family. Q: What motivated you to continue your education? A: After 10 years of trauma and intensive care bedside nursing, I was ready for a change. I started to teach some in hospital courses and became hooked on nursing education. I decided that my next journey in nursing would be in teaching, so I had to continue my own education to become a nurse educator. Q: How did you decide online learning was the best choice for you? A: I had taken other online courses and enjoyed them the older I became. Online courses also fit my schedule. Q: Why did you choose South University, Online Programs over the other online schools? A: The attentiveness of the admissions people really helped; they seem vested in my interests and not just the money. Q: What has been your proudest moment in school? A: What makes me proud is showing my children and students that you can have a fulltime job, attend school, raise a family and be successful all at once. It just takes flexibility. Q: Do you have a favorite faculty member? A: I have two—Dr. Patton and Dr. Tarantine. They both were extremely supportive and encouraging during my mother-in-law’s battle with ALS. It was amazing to know I had that human factor one might only think you get in a face-to-face format. In reality, all of the faculty members at South have been awesome! Q: Have you met a classmate or student who has played a part in your success? A: The cohort I am in has been together since the beginning. We have been able to watch each other grow and evolve into wonderful beginner educators. Throughout the entire program we have had wonderful, enlightening discussions and disagreements, but we always remain professional. Q: Is there anything else you would like us to know about your experience at South University? A: My experience at South has been great! I would recommend this program to anyone because of the caring attitude and rigor of the program. Everyone has made this a growing experience and I am almost sad to see it end. Click here to learn about our full offering of online nursing degree programs. 8 May 2013 It's no secret that education is a big investment, which is why we provide each of our students with a Student Finance Counselor and encourage students to explore a variety of avenues to create a financial plan and find responsible ways to finance their education. What do we mean by responsible? Responsible borrowing entails detailed planning and analysis of your finances and your financing options to decide what is right for you. If you choose to take out loans, responsible borrowing means only doing so after looking at alternative options and only borrowing what is necessary. While students sometimes limit their search to federal sources, federal financial aid often means loans and doesn't necessarily cover all of your expenses. Below are some of the alternative options that we recommend you consider before you turn solely to federal loans. 1. Cash Payments Establishing a monthly tuition payment plan can greatly reduce the cost of your education. Your contribution doesn’t need to be large, but every bit you pay now is something you won’t have to pay later or pay interest on down the road. 2. Military Financial Aid If you or a family member has served in the military, you may be eligible for military financial aid, including our school’s military scholarship. We also participate in the Post 9/11 GI Bill and the Yellow Ribbon program. Don’t miss out! Visit http://online.southuniversity.edu/military/#, or call 1-888-313-7209 to speak with a Military Admissions Representative for more information on these programs. 3. Employer Partnerships We partner with a number of companies to offer employees incentives for continuing their education—from corporate rates to the waiving of select fees. See our list of partners here. If your employer isn’t listed, you may still qualify for financial assistance through your company. There are two common types of employer assistance programs. Employer reimbursement programs require you to pay tuition up front. You then provide documentation to your employer stating how much you paid and showing that your coursework is relevant to your career. Your employer pays you back for your tuition and expenses. Employer sponsorship programs, conversely, involve your employer paying the school directly for approved coursework. If you aren't sure what educational benefits your employer offers, ask your manager or your human resource representative. 4. Scholarships and Grants Many organizations (including local, national, private and non-profit groups) offer scholarship opportunities or grants to students who meet specific criteria. Many people think scholarships are reserved only for students with superior grades or athletic ability. However, this is not necessarily the case. For example, many scholarships exist for students pursuing careers in specific industries. Plus scholarship criteria can sometimes be quite idiosyncratic. For example, scholarships exist for left-handed students or students whose last names start with Z! So make a list of everything unique about you and start searching. Learn More About Financial Planning If you want to go to school (or you’re already here), don't limit yourself to relying only on federal loans when there are other ways to make school affordable and reduce your future debt. Request more information today, or talk with your Student Finance Counselor to discuss your financial plan.
Coal is still king in China's energy sector, and will be for years. But Beijing is laying the groundwork for nuclear and renewable energy to play a much bigger role—and no company illustrates that shift better than Hong Kong's biggest utility, CLP Holdings Ltd. CLP, one of the biggest foreign investors in the mainland's power sector, says it no longer will build coal-fired plants in China. It will continue to expand capacity at its existing Chinese coal plants. But the company's new construction and other investment for the future in China will focus more on nuclear and renewable energy. CLP's strategy—part of a larger shift to raise the company's noncarbon-based sources of energy to as much as 40% of generating capacity by 2020, up from a current 19%—coincides with Chinese government subsidies and policies favoring cleaner sources of power. Among them: Giving noncoal power sources priority access to the increasingly overburdened grid. Burning coal has made cities like Shanghai among the smoggiest in the world, and China a target of climate-change activists everywhere. But the policy shift to cleaner energy is also a response to market forces: higher coal costs, low uranium prices, and the falling expense of building nuclear plants. "There's a myth that nuclear is expensive," says Andrew Brandler, CLP's chief executive. "If you standardize the design of reactors and mass-produce, then you can bring the cost down pretty dramatically. And that includes setting aside provisions for decommissioning and dealing with the spent fuel." The transition is likely to take decades. With coal supplying two-thirds of the country's electricity, China has resisted international treaties that would impose caps on its carbon emissions. But relying too much on coal takes a toll on the country's growth as well. Indeed, despite a surge in local coal prices in recent years, Beijing has held down power rates to fight inflation. As a result, many coal-fired plants now operate at a loss. Adding to coal's woes, among the policies and incentives the government has enacted to encourage rapid development of nuclear and renewable energy is a requirement that state-owned grid companies buy all of the electricity generated by nuclear and renewable sources, even when it costs more than electricity from coal-fired plants. CLP is making its play through longtime partner China Guangdong Nuclear Power Co., one of three state-owned groups that run and develop nuclear power plants in China. The two have a wind-energy joint venture with a planned total of 1.77 gigawatts in capacity, but mostly they own and operate nuclear reactors in China's south. CLP owns 25% of China Guangdong's Daya Bay plant and expects by early next year to acquire a 17% stake—valued at roughly US$500 million—in a new China Guangdong plant about 140 miles west of Hong Kong. The two companies also recently joined talks about co-investing in a new nuclear plant to supply Hong Kong, where the government has discussed more than doubling nuclear's share of local electricity needs to 50% by 2020. A recent study by CLSA Asia-Pacific Markets predicts that nuclear will see the fastest growth in terms of China's power generation over the next few decades. Nuclear plants can operate at stable rates year-round, while noncarbon energy sources such as wind farms and solar panels depend on the weather to generate power. Coal's share of overall power generation, meanwhile, will shrink to 63% by 2020 and 51% by 2030, the study contends, down from 78% this year. But there's another force favoring nuclear as well: low uranium prices. The spot price for U308, a common compound of uranium, currently stands at around $60 a pound—down from a record $138 in 2007. Big risks remain for China's alternative-energy sector. The government sets prices for nuclear power on a project-by-project basis, for example, which forces investors to decide whether to build a plant without knowing the price that its output will fetch. Also, with inflation running at 4.4%, Beijing is reluctant to grant price increases for generators of any kind of power. But CLP's Mr. Brandler, for one, is confident that his company's noncoal investments will be profitable. The Chinese have standardized the design of nuclear reactors in use in Guangdong, he says, and most of the components are made locally. For a new plant, he estimates the cost per kilowatt of nuclear capacity in China to be $1,500 to $2,000, compared with $4,000 to $6,000 in the U.S. "Put all that together and run the numbers," he says, "and these projects [in China] will produce power including a reasonable profit margin at a tariff a lot lower than conventional coal in Guangdong."—Mr. Winning is an editor for Dow Jones Newswires in Sydney. He can be reached at firstname.lastname@example.org.
By ANGUS LOTEN And EMILY MALTBY The South by Southwest festival, which will begin next week, hopes to broaden its appeal among start-ups after recent moves by at least two major trade shows to aggressively woo founders of new companies for the first time. The 20-year-old festival of music, film and interactive media in Austin, Texas, has been popular among certain types of Web-based start-ups for years. For Twitter Inc., the short-messaging service for mobile devices, South by Southwest has served as a launch pad for rapid growth. Foursquare Labs Inc., a mobile-device check-in service, launched there in 2009. Four years ago, the festival added a start-up "accelerator" competition in which finalists compete for tech-related prizes from event sponsors as well as two passes for the following year's conference. In the past, the competition has been dominated by social-networking and social-media companies. But for this year's event, South by Southwest has actively solicited health-tech start-ups. Medify, a Seattle provider of data-driven consumer-health solutions, and BodiMojo, a Cambridge, Mass., integrated health-management platform for teenagers, are among the 56 start-up finalists this year, up from 32 last year. Getting a booth at the main trade show costs at least $1,800. But the festival also has created Start-Up Village where founders, venture capitalists, mentors and coaches can discuss the challenges of launching a new business—or face off in a ping-pong tournament. The area doesn't have exhibition space, and the only start-ups that will be pitching or showing demos there are the finalists. More big trade shows are carving out new spaces for start-ups: \|Trade show\|\|Entrepreneurs' Hangout\|\|Features\| \|South By Southwest, Austin, March 2012\|\|Startup Village\|\|Ping pong tourney for founders and investors\| \|Consumer Electronics Show, Las Vegas, January 2012\|\|Eureka Park\|\|Innovations such as an iPhone attachment that takes panoramic video\| \|Educause, Denver, October 2011\|\|Start-Up Alley\|\|Session with U.S. Chief Technology Officer Aneesh Chopra\| Source: WSJ Research Other major trade shows are showing more interest in start-ups in part to help ensure they stay relevant in the future. "Entrepreneurship is sexy now," says Lesa Mitchell, a vice president at the Kauffman Foundation, an entrepreneurship advocacy group. Educause, a nonprofit group that advocates using information technology in higher education, launched Start-Up Alley at its annual conference in Philadelphia last October after it learned that many fledgling companies couldn't afford the $3,900 being charged for a standard booth, organizers say. Instead, the group had 18 start-up information-technology firms, selected on a first-come, first-served basis, pay $500 each for a shared open-display area. Previously, almost no start-ups participated in that conference, which generally draws senior IT professionals. The Consumer Electronics Show in Las Vegas in January included a new Eureka Park space for 100 start-ups. The National Science Foundation, the Startup America Partnership and UK Trade & Investment sponsored the area and provided some exhibitors. The Consumer Electronics Association intends to increase the space by at least 40% next year, organizers say. Jesse Coleman, founder of Art4Media LLC, was thrilled when he found out that CES had reserved an area for new companies. He had visited CES in 2011, and he called the organizers several months before this year's event to ask about exhibit fees. He was shocked at the $6,000 sticker price but was told that an exhibit in Eureka Park was only $1,000—much more affordable for a shoestring start-up. Mr. Coleman presented the Mosy Mount, a tripod adapter that supports any tablet, e-book or smartphone. Distributors, potential customers and the press showed interest, and Art4Media subsequently partnered with another smartphone-accessory company at the show to sell accessory products as a package. At Eureka Park, "the big guys in technology are totally open to having conversations with the little guys," says entrepreneur Josh Brooks. "It's not that often where a start-up has the ability to connect with those people so easily."
This is the most violated saying in American public life: "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character." Martin Luther King Jr.'s acclaimed call in 1963 for a colorblind society has been displaced, at least in our politics, by an obsession with racial categories. That is the meaning of racialization. It may be over four decades since the passage of the Voting Rights Act, but whenever America votes today, the exit polls can't move fast enough to divide voters by the color of their skin. Mere moments after the 2012 exit polls were released, a conventional wisdom congealed across the media that the Republican Party was "too white." Let us posit that this subject wouldn't have been raised if the bottom hadn't fallen out of the GOP's share of the Hispanic vote. When George W. Bush attracted 40% of the Hispanic vote in 2004, there was no cry that the Republican Party was "too white." The GOP's problem with Hispanics today is a tangle of issues involving the law, labor and assimilation that is hardly reducible to the accusation that the party is too white. In virtually every instance, the idea that the Republican Party is "too white" is dropped with almost no discussion of what exactly that means. The phrase is being pinned like a scarlet "W" on anyone who didn't vote for the Democrats' nominee. It's a you-know-what-we-mean denunciation. Its only meaning is racial. The exit polls—asking voters to self-identify as white, black, Hispanic, Asian—inevitably drive any postelection analysis into this racial swamp. High-school seniors applying to colleges have been told for at least 20 years to define themselves inside a racial or ethnic box. Elizabeth Warren spent a lot of energy in Massachusetts attempting a Houdini-like escape from one such ancient box. During the 2008 Democratic presidential primaries, Barack Obama and Hillary Clinton wrestled over race, first in January when Bill Clinton was accused of racial signaling during the South Carolina primary, and in March when Mrs. Clinton repudiated the late Geraldine Ferraro for referencing Mr. Obama's color. A New York Times report then said Mr. Obama was "puzzled" at this preoccupation with race and sex. It quoted Mr. Obama as saying: "I don't want to deny the role of race and gender in our society. They're there, and they're powerful. But I don't think it's productive." A welcome thought. The truth is that no prominent Democrat since Sen. Daniel Patrick Moynihan has been willing to sustain opposition to this constant racializing of American politics and culture. In the famous 2003 Supreme Court decision upholding the University of Michigan's race-based admission policies, Justice Sandra Day O'Connor wrote in support: "The Court takes the Law School at its word that it would like nothing better than to find a race-neutral admissions formula and will terminate its use of racial preferences as soon as practicable. The Court expects that 25 years from now, the use of racial preferences will no longer be necessary." In 2008's election, many Republicans and independents voted for Mr. Obama to put a final nail in the coffin of Justice O'Connor's racial anxieties. The millions of them who then cast votes against Mr. Obama in 2012 did so almost wholly because of the status of the economy after four years of his presidency. No matter. They lost in 2012 because they're "too white." This country's historic antidote to racial and ethnic obsessing is assimilation into the middle class, no matter what foreign country or continent sits in front of your hyphen. To this end the Republican candidate offered a solution led by private enterprise, and the Democrat said government should create the path forward. Mr. Obama won and has the four years he asked for to finally make good on his economics. But even this common goal degrades into a cudgel in the president's politics by category: tax cuts for the middle class but not for "the well-off." The Democrats' insistence on pandering to political categories is a dead end for the country. Rather than spinning their own Rubik's Cube of race, gender and ethnicity, Republicans should start growing their share of the electorate by doing a better job of telling people how to succeed in the American melting pot, a wonderful organizing idea now mocked as a "myth" by progressive Democrats. No one can beat the Democrats at the politics of social division. Instead, the GOP should tell prospective voters that no matter what their country of origin or happenstance of birth, their success in the U.S. will depend less on celebrating their assigned category than on supporting political policies that expand economic opportunity. A Republican Party that fails to tell that story in a way anyone can grasp is a party that will never escape the box the other side dropped it into on Nov. 7. Write to email@example.com
By BOB DAVIS The International Monetary Fund's governing board urged China to continue to use fiscal stimulus to boost growth and to let its currency appreciate even if that contributes to short-term unemployment. The completion of the IMF review of China's economic policies was as significant as the message. For the past several years, China has blocked the IMF from finishing reviews of its economy -- which are supposed to be done annually for every member country -- because it objected to public criticism of its tightly controlled exchange rate. During the Bush administration, the U.S. tried to use IMF reviews as another tool to press China to revalue the renminbi, also known as the yuan. In the past year, the IMF has looked to end the exchange-rate fight, especially after the global recession made China -- one of the few large fast-growing economies -- more significant internationally. According to an IMF summary of the 24-member board discussion on July 8, "many directors" urged further strengthening of the yuan. The term used by some directors to describe the currency was "substantially undervalued." In the past, the IMF sought to label China's exchange rate as "fundamentally misaligned," a designation that Beijing found so unpalatable that it blocked the reports. The current review praised "China's stability-oriented economic policies as a bedrock of regional stability," and urged additional fiscal stimulus, through 2010, aimed at boosting private consumption. That is largely Beijing's intention. China's four trillion yuan ($585 billion) plan, announced in the fall, was designed to be spent through the end of next year. On the currency question, directors argued that strengthening the yuan would increase the purchasing power of households and shift investment away from the export sector, a longtime goal of the U.S. and Europe, some of whose manufacturing industries have withered under Chinese competition. However there was disagreement within the board about how rapidly China should revalue. Some directors said revaluation "should be pursued in a gradual manner, as and when conditions permit." The IMF didn't identify which countries urged what policies. The U.S. and Europe have generally hammered at Beijing to revalue while China and other countries that tie their currency to the U.S. dollar have argued for a go-slow approach. The IMF said directors recognized that in the near term, shifting the Chinese economy away from exports could boost unemployment. They urged retraining and other programs for laid-off workers. But "over a longer horizon," directors said, there would be "employment gains" from making the transition. Chinese consumption would become "a key factor in driving global growth," the IMF directors said, as imports and investment increased in China. The U.S. and China also are weighing how eventually to unwind stimulus programs. China said it will discuss the matter in Washington at next week's Sino-U.S. Strategic and Economic Dialogue, as both sides seek to manage inflation concerns while the crisis abates.—Jason Dean and Terence Poon contributed to this article. Write to Bob Davis at firstname.lastname@example.org
This article was published online on 18 March 2013. Subsequently, it was determined that the grant information was incorrect, and the correction was published on 30 April 2013. Differential Effects of Dietary Protein on Early Life-History and Morphological Traits in Natterjack Toad (Epidalea calamita) Tadpoles Reared in Captivity Article first published online: 18 MAR 2013 © 2013 Wiley Periodicals, Inc. How to Cite Martins, F. M.S., Oom, M. d. M., Rebelo, R. and Rosa, G. M. (2013), Differential Effects of Dietary Protein on Early Life-History and Morphological Traits in Natterjack Toad (Epidalea calamita) Tadpoles Reared in Captivity. Zoo Biol.. doi: 10.1002/zoo.21067 - Article first published online: 18 MAR 2013 - Manuscript Accepted: 5 FEB 2013 - Manuscript Revised: 6 NOV 2012 - Manuscript Received: 9 MAR 2012 - FCT (Portugal) via Pluriannual Funding Program Options for accessing this content: - If you have access to this content through a society membership, please first log in to your society website. - If you would like institutional access to this content, please recommend the title to your librarian. - Login via other institutional login options http://onlinelibrary.wiley.com/login-options. - You can purchase online access to this Article for a 24-hour period (price varies by title) - If you already have a Wiley Online Library or Wiley InterScience user account: login above and proceed to purchase the article. - New Users: Please register, then proceed to purchase the article. If your institution is a registered Wiley Online Library customer, you can log in under your institution's name to see our content. This access is provided by Shibboleth or Athens. Type your institution's name in the box below. If your institution is a Wiley customer, it will appear in the list of suggested institutions. Registered Users please login: - Access your saved publications, articles and searches - Manage your email alerts, orders and subscriptions - Change your contact information, including your password Please register to: - Save publications, articles and searches - Get email alerts - Get all the benefits mentioned below!
Definition of Teena Marie - Used in the gay club community in Toronto to refer to a female who looks like she's wasted on alcohol or drugs, or in a more vague sense, just looks rough. Also can reference anything that is sloppy, messy or poorly put together. Derived from the name of '80s pop singer Teena Marie, but also references slang for crystal meth, also known as Tina. Also lightly references music star Rick James, a known for his drug troubles, of whom Marie was a protegee. Alternate spelling "Tina Marie" That girl is so Teena Marie tonight. Oh no, she's Tina'ing out. \|+\|\|Add a definition for this slang term\| Slang terms with the same meaning Slang terms with the same root words None. How about some random words? \|Definitions include: Derived from the phrase "Dim as a Toc H lamp."\| \|Definitions include: a person in a position of authority who is strict or mean.\| \|Definitions include: "no", but less strong.\| \|Definitions include: Term used during the Gulf War days to indicate a chick that looked hot from afar but fell short once you got closer. Just like an Iraqi skud missile.\| \|Definitions include: to be in a very good position in life, business, etc.\| \|Definitions include: to take advantage of.\| \|Definitions include: Glaswigian; anagram for: Non-Educated Delinquent(s).\| \|Definitions include: a person who copies others.\| \|Definitions include: Legs of a woman... especially the portion on the inside of the thighs.\| \|Definitions include: decent\| \|I use it\|\|(0)\| \|No longer use it\|\|(0)\| \|Heard it but never used it\|\|(1)\| \|Have never heard it\|\|(8)\| Average of 7 votes: 50% (See the most vulgar words.) Your vote: None (To vote, click the pepper. Vote how vulgar the word is – not how mean it is.) To link to this term in a web page or blog, insert the following. <a href="http://onlineslangdictionary.com/meaning-definition-of/teena-marie">Teena Marie</a> To link to this term in a wiki such as Wikipedia, insert the following. [http://onlineslangdictionary.com/meaning-definition-of/teena-marie Teena Marie] Some wikis use a different format for links, so be sure to check the documentation.
Sunday and Monday were seriously awesome days. The kind of days that makes me more obsessed with B than ever. The kind of days that make going back to work even harder and the thought of being away from B for 8 hours makes me want to cry. We went shopping and spent wedding vouchers on two new board games, a candle that smells like Christmas in a pot and a picture frame on Sunday. Then after a super-duper lie in yesterday we went for a stroll round the French market that visits Bath every BH weekend. We ate Paella on a bench and scoffed crepes filled with Nutella (no time for pictures of the crepes. Must. Eat.) and Ben bought a hunkin' slab of nougat. We got home, crashed on the sofa and watched a movie. Oh such a beautiful day. And oh how I love that boy of mine. Apologies for the blurry picture. Was in too much of a rush to eat the yummy food.
On the morning of September 12th 2001, we woke up to a changed world. Five years later, it’s another crisp, clear September sky. Miles from Ground Zero, we hear the tolling bell and the poignant tunes of pipe band. Adam Gopnik, of the New Yorker, once said, “In New York, we suffer from a Tragedy of the Uncommons.” On this day, as put by BuzzMachine, “we measure tragedy as media does: en masse. That is media’s narrative, media’s worldview.” But tragedy is personal. We would not care if it did not touch us. For those haunted with pain, we leave you with Milan Kundera’s words, “the struggle of man against power is the struggle of memory against forgetting.” September 11, 2006 No Comments » No comments yet. Leave a comment You must be logged in to post a comment.
Recording engineer: Steven Kray, with technical assistance from Julie Mosebar-Johnson Video production: Jarratt Taylor Shooters: Molly Gard / Jarratt Taylor Interview: Jeremy Petersen Photos: Inger Klekacz-- see the entire set here If there's one thing that can be said about Old Light, it's that they play with intention-- a quality that shines through in our session with the Portland band. Yet, their story is one about an almost accidental band, one whose beginning was (like a lot of things in this town) brought about in part because of coffee. As guitarist/singer Charlie Hester tells it, it was his gig slinging espresso that led to regular meetings with San Francisco transplant Garth Steel Klippert and the parade of musician friends he'd bring around for morning after gig wake-me-ups. Before long, the two were talking music and Klippert was passing a demo of some "autoharp songs" to Hester, who himself is a longtime member of The Parson Red Heads. It wasn't long before Klippert got a call with Hester on the other end telling him, "I'm in your band. I booked us a show. When's practice?" Such is the interesting past that led to Old Light's debut The Dirty Future, out last October on Arena Rock. Now a filled-out five-piece (Klippert and Hester joined by bassist Patrick Finn and dueling drummers Todd Roper and Scott DeMay), the band joined us for an amped up set of songs from their debut. They also talk about their seemingly fated formation, upcoming recording plans and the notion of "intergenerational radness." Old Light plays Pickathon this weekend, with sets Friday evening and Sunday afternoon, as well as Holocene August 10th, and a MusicFest NW date at Bunk Bar September 9th. Other sessions you might like:
157 F.3d 1067 UNITED STATES of America, Plaintiff-Appellee, Eric R. MEYER and Gordon O. Hoff, Sr., Defendants-Appellants. Nos. 96-4230, 97-1031. United States Court of Appeals, Argued Jan. 23, 1998. Decided June 23, 1998. Amended Sept. 10, 1998.* John W. Vaudreuil (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Christopher T. Van Wagner (argued), Madison, WI, for Defendant-Appellant in No. 96-4230. T. Christopher Kelly (argued), Thomas, Kelly, Habermehl & Wood, Madison, WI, for Defendant-Appellant in No. 97-1031. Before CUMMINGS, WOOD, Jr., and RIPPLE, Circuit Judges. HARLINGTON WOOD, Jr., Circuit Judge. Appellants, Gordon Hoff, Sr., and Eric Meyer, were convicted after a jury trial of conspiracy to distribute cocaine and to possess cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and were each sentenced to life imprisonment. They raise numerous issues on appeal. Both appellants argue that the district court erred in failing to give the jury a buyer-seller instruction and in finding that Hoff and Meyer had breached their immunity agreements. Hoff, individually, contests the admission of evidence obtained in a search of a refrigerator on his property and challenges the district court's decision to limit his cross-examination of a government witness. Additionally, both appellants appeal the district court's sentencing determination. In the fall of 1995, the FBI, together with local law enforcement officials, was investigating drug activity in northwestern Wisconsin and the disappearance, and possible murder, of three individuals thought to have connections to drug trafficking. In the course of that investigation, the authorities became aware of the activities of Appellant Gordon O. Hoff, Sr. ("Hoff"), and his son, Gordon O. Hoff, Jr. ("Rock"). On November 2, 1995, a grand jury in the Western District of Wisconsin issued an indictment charging Rock with involvement in a drug conspiracy and Hoff with intimidating a witness. Following the indictment, Hoff's attorney approached the government to negotiate a cooperation agreement. The government entered into a written immunity agreement with Hoff on December 5, 1995. Pursuant to this agreement, Hoff was required to make "a full, complete and truthful statement regarding his involvement in violations of federal criminal statutes, as well as the involvement of all other individuals known to the defendant." In exchange, the government promised to dismiss the pending witness tampering charge against Hoff and not to charge him with any criminal violations relating to the drug conspiracy charged or with any controlled substance or money laundering violations.1 The agreement was expressly contingent upon Hoff not having direct involvement in the commission of any homicide. In reliance on the agreement, Hoff made incriminating statements to investigators and led them to the dead body of Dan Oestreich. Hoff told the investigators that his son Rock had murdered Oestreich and another man, Kirk Larson, because Rock believed they were informants. Hoff also stated that he believed Rock had murdered Dennis Fenner, but that he had no specific information to confirm this suspicion. Hoff admitted that he had helped Rock dispose of Oestreich's body. Hoff told investigators that he did not use cocaine and that he had never been involved in selling cocaine. He stated that Rock was active in cocaine and marijuana trafficking. Hoff also mentioned Eric Meyer, a cocaine user, as an individual who might provide further information on Rock. Following these revelations by Hoff, Hoff's attorney contacted the FBI and told them that, in exchange for immunity, Eric Meyer would be willing to make a statement corroborating the information that Hoff had provided. Hoff's attorney made it clear that he was representing Hoff and not Meyer. On December 11, 1995, an Assistant U.S. Attorney issued a use immunity agreement letter to Meyer. On that same day, at the FBI's request, Hoff and his attorney brought Meyer to the FBI offices for an interview. When he reached the FBI offices, Meyer signed a copy of the immunity agreement, which required that Meyer make "a complete and truthful statement ... regarding [his] knowledge of and involvement in criminal offenses including, but not limited to, controlled substance trafficking." In return, the government agreed that it would not use any of the statements that Meyer made pursuant to the agreement against him directly in any criminal proceeding. Once again, Hoff's attorney specifically stated that, although he was present, he did not represent Meyer. Agent Southworth conducted the interview for the FBI. At the beginning of the interview, both Southworth and Hoff's attorney explained the immunity letter to Meyer and emphasized the importance of truthful information. The agent then proceeded to interview Meyer in the presence of both Hoff and Hoff's attorney. Hoff and his attorney were present during Meyer's entire interview. The agent did not specifically ask Meyer any questions about Hoff or Hoff's criminal activity. However, the agent did ask Meyer if he knew anything about Dennis Fenner's disappearance, to which Meyer claimed ignorance. During the interview, Meyer admitted to buying small quantities of drugs from Rock on several occasions, but did not tell the agent about any other drug activity. Despite this cooperation, in February 1996, the government determined that Hoff and Meyer had not provided complete and truthful testimony as required under their agreements. Specifically, based on interviews with Rock, Rock's girlfriend, Hoff's daughter Joyell, and Kathy Modl, one of Hoff's drug customers, the government determined that Hoff and Meyer were active in a long-term conspiracy to distribute marijuana and cocaine and that Meyer had actually murdered Dennis Fenner at Hoff's direction because Hoff believed that Fenner had been planning on providing the authorities with information incriminating Hoff for drug dealing. Due to the perceived breach of the immunity agreement by Hoff, the government believed that it was relieved of its obligation to refrain from prosecuting him. On February 28, 1996, a grand jury indicted Hoff for conspiring to distribute cocaine and to possess cocaine with the intent to distribute. The grand jury also indicted Eric Meyer on the same count. Following the indictment, the government determined that, in fact, it was Hoff who murdered Oestreich because he believed Oestreich was a police informant. The investigation also uncovered further evidence of Hoff and Meyer's extensive marijuana and cocaine trafficking. Hoff filed a motion to dismiss the indictment, alleging that it violated his immunity agreement. On May 29, 1996, the magistrate judge held an evidentiary hearing on Hoff's motion at which the government attempted to prove that Hoff had breached the agreement. The government only called one witness, FBI Agent Southworth, who testified to the information received from Rock and the others. Hoff objected to much of Southworth's testimony as hearsay. After the hearing, the magistrate judge issued a report to the district court, recommending that the district court take further evidence on Hoff's motion. The magistrate judge believed that the government had erred in attempting to prove Hoff's breach with hearsay evidence and that the government had not presented sufficient proper evidence to show a breach. On August 6, 1996, the district judge held a supplementary hearing on Hoff's motion to dismiss. The government presented testimony from seven witnesses. Hoff did not put on any witnesses. Following the hearing, the court determined that the government had more than met the required preponderance of the evidence standard in establishing Hoff's breach and denied Hoff's motion to dismiss. The district court also held that this post-indictment, pretrial judicial determination of breach was sufficient, rejecting Hoff's argument that due process required a pre-indictment determination of his breach. Meyer moved to suppress the statements he made to Agent Southworth based on his immunity agreement.2 The prosecutors argued that Meyer had breached the agreement, thereby relieving them of their obligation not to use his statements. While noting that it was a close call, the district court held that the government had shown Meyer's breach by a preponderance of the evidence. Therefore, it found the use immunity agreement void and denied Meyer's motion to suppress. The matter proceeded to trial where the government put on testimony from a large number of witnesses, many of whom were involved in drug activity and testified under grants of immunity. One of the government's principal witnesses was Rock, who had by this time entered into his own immunity agreement with the government. Under that agreement, Rock pled guilty to a federal drug charge in connection with his drug dealings with Hoff and Meyer and received a ten-year sentence. Additionally, Rock admitted his involvement in the Larson murder and was sentenced in state court to a twenty-year prison term for second degree murder. As part of his agreement, Rock agreed to provide information and to testify against his father and Eric Meyer. Rock admitted that at the time he entered into his agreement with the government, he was aware that his father and Meyer had provided the government with information that implicated him in drug dealing and murder. At Hoff and Meyer's trial, Rock testified that his father began supplying him with drugs for resale in 1991. Rock testified that Hoff was getting his drugs from Fenner and from David Atherton. Hoff was also supplying Eric Meyer with drugs for resale. In 1993, in exchange for a stolen motorcycle, Hoff traded the right to sell drugs to Eric Meyer to Rock. From that point on, Rock testified, Meyer began obtaining drugs from Rock for resale both for cash and on credit. As time passed, Rock began obtaining drugs from sources other than Hoff. Rock testified that he was often able to obtain drugs elsewhere at a better price than his father was offering. On those occasions, Rock generally would purchase a kilogram of cocaine with the understanding that Hoff would purchase half of the cocaine from Rock. On occasion, before delivering Hoff's portion, Rock would add a cutting agent to the cocaine to dilute it. Additionally, Rock testified that on one occasion Meyer acted as a courier for him, transporting a kilogram of cocaine to Wisconsin from Indiana. David Atherton also testified at trial pursuant to an immunity agreement. He stated that he supplied Hoff with marijuana and cocaine for resale and that on several occasions Hoff and Rock supplied him with drugs. Kathy Modl testified that she purchased cocaine and marijuana for resale from Hoff. Several other witnesses testified that they had purchased cocaine and marijuana from Hoff during the conspiracy period and to Meyer's involvement in drug trafficking. Since the testimony is voluminous and complex, we will address additional specific facts below when they are relevant to our analysis. At the conclusion of the trial, the jury found both Hoff and Meyer guilty on the drug conspiracy charges. At sentencing, Judge Crabb found by a preponderance of the evidence that the drug offense involved approximately six kilograms of cocaine. Under 21 U.S.C. § 841(b)(1)(A)(ii), the defendants faced a statutory maximum sentence of life in prison. Under the Sentencing Guidelines, § 2D1.1 sets a base offense level of 32 for the conspiracy in question. With respect to defendant Hoff, the district judge considered relevant conduct under § 1B1.3(a)(1) and § 3D1.2(b) and specifically found that Hoff had murdered Daniel Oestreich, had directed Meyer to murder Fenner, had been involved in disposing of both of the bodies, and that the murders had been committed because Hoff believed that the victims were going to inform the police of his drug activities. Given these specific findings, Judge Crabb applied the cross-reference set out in § 2D1.1(d)(1) for cases in which "a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111." This cross-reference directs the court to apply § 2A1.1 (First Degree Murder) which increased Hoff's base offense level to 43, the highest level available under the Guidelines. Level 43 carries with it a sentence of life imprisonment at all criminal history levels. Judge Crabb then added three levels for Hoff's role in the offense, two levels for obstruction of justice, and two levels for possession of firearms. Since Hoff was already at the highest offense level, these increases did not alter the length of his sentence. The court determined that Hoff had a criminal history category of four and sentenced him to life in prison. In Eric Meyer's sentencing, § 2D1.1 again provided a base offense level of 32 for the conspiracy conviction. Judge Crabb specifically found that Meyer shot and killed Dennis Fenner and assisted in disposing of his body. She again utilized the cross-reference from § 2D1.1(d) to arrive at a base offense level of 43 under § 2A1.1. She then added two levels for obstruction. With a criminal history category of three and an offense level of 45, Meyer's sentencing range was life, and Judge Crabb sentenced Meyer to life imprisonment.II. ANALYSIS A. Buyer-Seller Jury Instruction Hoff and Meyer assert that the district court erred in failing to instruct the jury that a mere buyer-seller relationship is insufficient to establish membership in a conspiracy. They contend that this failure deprived them of the opportunity to present a theory of defense. Appellants included a buyer-seller instruction with their proposed jury instructions. At the final pretrial conference, the magistrate judge went through the proposed instructions with the parties. In making his recommendations to the district judge, the magistrate included a buyer-seller instruction which stated "[p]roof that a defendant merely bought or sold drugs from alleged members of the alleged conspiracy is not sufficient, without more, to establish a defendant's guilt," but noted that the district judge would need to make the final determination on the instruction after hearing the evidence at trial. At the instructions conference following the close of evidence, the district judge considered whether to include the buyer-seller instruction. After hearing argument from both sides, the district judge rejected the instruction, stating I would like to give the defendants an opportunity to argue anything that is reasonable, but I just don't think there is anything reasonable about a buyer/seller instruction in this case. This is just not the sort of case in which a jury could ever find that that was the only relationship. If they believe the witnesses at all, they have to believe that this was more than a buyer/seller relationship so I will not give that instruction. We review the district court's decision that a defendant has failed to present sufficient evidence to become entitled to a jury instruction on a theory of defense de novo. United States v. Turner, 93 F.3d 276, 285 (7th Cir.1996) (citing United States v. Bastanipour, 41 F.3d 1178, 1183-84 (7th Cir.1994)). A defendant must satisfy a four-part test before he is entitled to a jury instruction to present a theory of defense. He must show that (1) the proposed instruction is a correct statement of the law; (2) the evidence in the case supports the theory of defense; (3) the theory of defense is not already part of the charge; and (4) failure to include the proposed instruction would deny the defendant a fair trial. Turner, 93 F.3d at 285 (citing United States v. Schulte, 7 F.3d 698, 700 (7th Cir.1993)). The government concedes, and we agree, that the proposed instruction represented a correct statement of the law in this circuit. See United States v. Lechuga, 994 F.2d 346, 349 (7th Cir.1993) (en banc). However, in order to be entitled to the instruction, the defendants must satisfy all four requirements. The district court held that the defendants failed to meet the second prong since there was no foundation in the evidence to justify giving the buyer-seller instruction. Hoff and Meyer contend that this ruling was erroneous. The second prong will be fulfilled if there is evidence sufficient to "create a reasonable doubt of guilt in the mind of a reasonable juror." Tyson v. Trigg, 50 F.3d 436, 448 (7th Cir.1995) (citing Mathews v. United States, 485 U.S. 58, 63, 108 S.Ct. 883, 99 L.Ed.2d 54 (1988)); see also United States v. Perez, 86 F.3d 735, 736 (7th Cir.1996). Appellants point to several specific areas of evidence which they assert support the buyer-seller theory of defense. Hoff cites Rock's testimony, together with the fact that no witness testified to making an agreement with Hoff beyond an agreement to buy, sell, or pay for drugs, to support his assertion. For further support, Hoff cites United States v. Pedigo, 12 F.3d 618 (7th Cir.1993). However, Pedigo is easily distinguishable from the present case. In Pedigo, the parties conducted only two drug transactions, and these transactions were completed within a few hours of one another. Id. at 625. In the present case, the evidence showed that Hoff and Rock entered into numerous drug transactions over a span of more than four years. Depending on the availability of the drugs, Hoff would sometimes act as buyer and sometimes as seller. These transactions involved large quantities of narcotics. Hoff argues Rock's testimony supports a theory that the father and son were actually competitors rather than coconspirators. While Rock testified that he sold drugs to his father at a profit and that he diluted cocaine before selling it to his father, he also testified that he sold drugs for his father and consulted his father regarding drug buys. Rock testified that the profit he made off of sales to his father was small and that he viewed this profit as compensation for the risk and transportation involved in securing the drugs. There is no foundation in the evidence to support the proposition that the only relationship that existed between Hoff and Rock was that of a buyer and seller. Since Hoff fails to satisfy the second requirement, we need not address the remaining two prongs of the test. The district court correctly declined to give the jury a buyer-seller instruction with respect to Appellant Hoff. Meyer, too, claims that he was entitled to a buyer-seller instruction. He points to Rock's testimony and his own statements to the FBI which the government introduced at trial as creating an evidentiary foundation to support the instruction. At trial, Rock testified that he supplied Meyer with drugs for redistribution and that sometimes Meyer would take these drugs on credit and would pay Rock after he sold them. Also, Rock testified that, on one occasion, Meyer transported a kilogram of cocaine from Indiana to Wisconsin for him. In exchange for Meyer assuming the risk of transporting the cocaine, Rock agreed to forgive Meyer's past drug debts totaling approximately $1500 and to give him a truck. There was also evidence that Meyer helped in the construction of an underground bunker to grow marijuana, aided in the modification of automobile fuel tanks to allow for concealed transportation of illegal drugs, and that on one occasion, Meyer stated that he was Hoff's "lieutenant." However, while these factors support a finding of conspiracy, there is also evidence in the record to the contrary. Significantly, after describing the relationship between himself and Meyer, on cross-examination Rock testified that Eric Meyer was just one of his "customers" for marijuana and cocaine. Rock distinguished between his relationship with his father, with whom he would discuss business decisions, and Eric Meyer. Rock stated that he would not discuss prices or sources with Meyer and that Meyer did not have any control over Rock's end of the business. Rock testified concerning Meyer, "[h]e just bought cocaine from me." The evidence showed that Hoff also described Meyer as a drug "customer." Additionally, at trial, the government introduced Meyer's statement to the FBI in which Meyer only admitted to buying small quantities of drugs from Rock on several occasions. Given the record as a whole, had the jury been properly focused on the distinction between a conspiracy and a mere buyer-seller relationship, it reasonably may have found that Meyer merely purchased drugs from the conspiracy. While the purchase of drugs constitutes a substantive drug offense, Meyer was charged only with two counts of conspiracy and not with any substantive drug offenses. A conspiracy charge requires the government to prove agreement to commit a crime other than the crime that consists of the sale itself. United States v. Thomas, 150 F.3d 743, 746 (7th Cir.1998) (per curiam). Agreement cannot be equated with repeated drug transactions. Id. A buyer-seller instruction "reminds juries that distribution of drugs is not itself conspiracy, although a history of transactions may be evidence of conspiracy." Id. There was sufficient evidence with regard to Eric Meyer to support a buyer-seller instruction in this case. Additionally, the buyer-seller theory was not included elsewhere in the charge. The government argues that the district court's definition of conspiracy together with the instruction that "mere association with conspirators or mere approval, presence, or knowledge of a conspiracy or conspiratorial acts are not sufficient, without more, to establish a defendant's guilt" presented the theory to the jury by requiring that the jury find conspiracy membership beyond a reasonable doubt. This is not an unreasonable argument; however, after examining the court's instructions as a whole, we must conclude that this general instruction was not sufficient to convey the mere purchaser theory to the jury. Since the evidence was such that a reasonable jury could have found that Meyer was merely a buyer from the conspiracy, the failure to give a buyer-seller instruction denied Meyer a fair trial. Therefore, the district court erred in refusing to give the proposed buyer-seller instruction with respect to Appellant Meyer, and Meyer's conviction must be reversed. We can readily understand the district judge's reluctance to give Meyer the benefit of a buyer-seller instruction having heard all the testimony about the extensive and violent drug dealing of the parties. Even though the district judge was not satisfied with the evidentiary basis for the instruction, there was sufficient evidence to let the jury make that factual determination. In a dubious case it may often be better to give the proposed instruction and let the jury sort it out. B. Hoff's Immunity Agreement Hoff raises two issues on appeal dealing with his immunity agreement. First, Hoff asserts that the fact that the prosecutors indicted him without first securing a judicial determination that Hoff had breached the agreement violated his right to due process. Secondly, Hoff argues that the district court abused its discretion in reopening the evidentiary hearing on his motion to dismiss the indictment, thereby giving the government a second chance to prove that Hoff had breached the immunity agreement. We review these two arguments separately. 1. Due Process Argument After the government had entered into its agreement with Hoff and had received information from him, further investigation uncovered convincing evidence that Hoff had withheld information from investigators and had given false information. Investigators determined that, contrary to his statements to authorities, Hoff was involved in a long-term conspiracy to distribute both marijuana and cocaine and that Hoff had ordered the murder of Dennis Fenner. The government, believing that Hoff was in breach of the immunity agreement, indicted him. Hoff filed a motion to dismiss the indictment based on his immunity agreement. The magistrate judge held an evidentiary hearing to determine whether Hoff had breached the agreement, thereby releasing the government from its obligations under the agreement. After receiving the magistrate's report and recommendation, the district judge held a supplementary hearing on Hoff's motion. The district judge determined that Hoff had indeed breached his promise to the government and denied the motion to dismiss. Hoff asks this court to reverse his conviction and to dismiss the case based on the timing of the evidentiary hearings. He asserts that due process required a pre-indictment hearing to determine breach. The government contends that a preindictment hearing is not constitutionally required and asserts that the district court's pretrial hearing to determine whether Hoff had breached his agreement with the government was sufficient to satisfy due process. We review Hoff's constitutional claim de novo. Turner, 93 F.3d at 286. A fundamental requirement of the due process clause is that an individual receive notice and the opportunity for a hearing before he is deprived of a significant property interest. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). With respect to immunity agreements, due process "requires prosecutors to scrupulously adhere to commitments made to suspects in which they induce the suspects to surrender their constitutional rights in exchange for the suspects giving evidence that the government needs against others which simultaneously implicates themselves." United States v. Eliason, 3 F.3d 1149, 1153 (7th Cir.1993). However, if the suspect fails to fulfill his obligations under the contract, the government is relieved of its reciprocal obligations. United States v. Verrusio, 803 F.2d 885, 888 (7th Cir.1986) (citations omitted). "[D]ue process prevents the government from unilaterally determining that the defendant breached the ... agreement." Id. Rather, the government must obtain a judicial determination of the defendant's breach. See id. In the present case, Hoff does not contend that the district court erred in determining that he had breached the agreement, he merely contests the timing of that determination. Absent exigent circumstances, an individual is entitled to a judicial determination of his breach before being deprived of his interest in the enforcement of an immunity agreement. Verrusio, 803 F.2d at 888. In Verrusio, we held that, under the facts of the case, a post-indictment evidentiary hearing on the defendant's alleged breach was sufficient to satisfy due process, because the benefit of Verrusio's bargain was avoiding the risk of conviction on certain charges. Thus, Verrusio would be denied his interest in enforcing the agreement only if he were tried on those charges. The mere fact of an indictment did not deny Verrusio the benefit of his bargain. Id. at 889. Hoff attempts to distinguish his agreement from the one in Verrusio. He argues that the agreement in Verrusio was a non-conviction agreement while his agreement promised non-prosecution. However, in making this assertion, Hoff fails to note the similarity in the terms of the two agreements. In Verrusio, the plea agreement provided that, in exchange for the defendant's performance, the government would dismiss eight pending charges and would not file any additional known charges or newly discovered charges occurring out of the same criminal conspiracy. Id. at 886-87 n. 1. Likewise, Hoff's agreement provided that, in exchange for Hoff's performance, the government would dismiss the charge currently pending against him and would not charge him with any other violations relating to the same criminal conspiracy or with other drug or money laundering violations. Notably, neither agreement addressed a particular procedure for the government to follow in the event of a perceived breach by the defendant. See id. at 899 n. 3 (noting that parties could contract for a pre-indictment hearing in the event of a perceived breach). In fact, Hoff's agreement provided "[i]f the government at anytime determines that the defendant is being less than fully cooperative or is not truthful, then the United States has the option of declaring this plea agreement void ...." While Hoff attempts to distinguish his agreement from the agreement in Verrusio by referring to them by different names, the terms of the agreements provide for the same performance by the government. The benefit of Hoff's bargain, like Verrusio's, was to avoid the risk of conviction on charges arising from the drug conspiracy or from any money laundering or controlled substance violations.3 The fact that Verrusio agreed to plead guilty to one count in addition to cooperating with the government while Hoff only agreed to cooperate alters the advantage for which the government bargained, but does not change the benefit of Hoff's bargain. In accordance with due process, Hoff was entitled to a judicial determination that he had breached the agreement before being subjected to the risk of conviction. The district court's pretrial evidentiary hearing satisfied this requirement. Nevertheless, we again stress that, in cases such as these, the preferred procedure, absent exigent circumstances, would be for the government to seek relief from its obligations under the immunity agreement prior to indictment. Since the government is required to obtain a judicial determination of a defendant's breach prior to trial, it is but a de minimis inconvenience for the government to secure that determination pre-indictment. See United States v. Ataya, 864 F.2d 1324, 1330 n. 9 (7th Cir.1988). A pre-indictment hearing would curtail prosecutorial overreaching in drafting ambiguous immunity agreements and, in cases in which the defendant had fulfilled his obligations under the agreement, would help to prevent the government from using the threat of criminal prosecution "to achieve by coercion what it could not achieve through voluntary negotiation." Id. On the facts of the present case, however, Hoff received all of the protection demanded by due process. 2. Reopening of Evidentiary Hearing As noted above, when the government indicted Hoff for the second time, Hoff filed a motion to dismiss the indictment based on his immunity agreement. The magistrate judge held an evidentiary hearing, as allowed under 28 U.S.C. § 636(b)(1)(B). At this hearing, the government attempted to prove breach through the testimony of only one witness, Agent Southworth. Hoff's attorney objected to much of Southworth's testimony as hearsay. The magistrate, in his report and recommendation to the district judge, stated that he believed the government had erred in trying to prove Hoff's breach with hearsay evidence. He noted that the government had failed to produce sufficient non-hearsay testimony to prove a breach and recommended that Judge Crabb hear further evidence on the matter. Judge Crabb held a supplementary evidentiary hearing on Hoff's motion at which time the government called seven witnesses. Following this hearing, Judge Crabb determined that the government had shown breach by more than the required preponderance of the evidence standard and denied Hoff's motion to dismiss. Hoff argues that the district court erred in reopening the evidentiary hearing on Hoff's motion to dismiss, thereby giving the government a second chance to prove that Hoff had breached the immunity agreement. We review for abuse of discretion. United States v. Turk, 870 F.2d 1304, 1307 (7th Cir.1989). We will reverse only if "it is clear that no reasonable person could concur" in the district judge's decision. Ladien v. Astrachan, 128 F.3d 1051, 1056 (7th Cir.1997) (internal quotations and citations omitted). " 'The district court's decision must strike us as fundamentally wrong for an abuse of discretion to occur.' " Id. (citing Anderson v. United Parcel Service, 915 F.2d 313, 315 (7th Cir.1990)). In the present case, the district judge did not abuse her discretion in deciding to reopen the evidentiary hearing. Under 28 U.S.C. § 636(b)(1), when a district judge designates a magistrate to conduct an evidentiary hearing, the district judge "may also receive further evidence" on the matter. Judge Crabb's decision to exercise this statutory power cannot be viewed as clearly unreasonable or fundamentally wrong. Hoff's claim fails. C. Meyer's Immunity Agreement Meyer disputes the district court's decision not to suppress his statements given to the FBI pursuant to his use immunity agreement. Under the agreement, Meyer was to provide "a complete and truthful statement" regarding his "knowledge of and involvement in criminal offenses including, but not limited to, controlled substance trafficking." The agreement further stated that the immunity agreement would be void if Meyer provided the government with materially false information or if he intentionally "withheld material information at any point in time." In exchange, the government promised not to use any of Meyer's statements or any information he provided against him directly in any criminal prosecution. On appeal, Meyer argues that the district court erred in concluding that his immunity agreement bound him to provide incriminating information against Hoff. We review this factual determination regarding the scope of Meyer's immunity agreement for clear error. See United States v. Nelson, 851 F.2d 976, 978 (7th Cir.1988). We will reverse only if, after a comprehensive review of the evidence, we are left with "the definite and firm conviction that a mistake has been made." United States v. Duguay, 93 F.3d 346, 349 (7th Cir.1996) (internal quotations and citation omitted). Meyer's agreement expressly required Meyer to make a complete and truthful statement regarding his knowledge of criminal offenses and did not contain any exceptions. Meyer contends that the fact that Agent Southworth allowed Hoff and his attorney to remain in the room during Meyer's interview implicitly modified the agreement in such a way that Meyer was no longer required to provide information that would have incriminated Hoff. For support, Meyer points to Southworth's testimony at the sentencing hearing that he did not ask Meyer any questions about Hoff's criminal activity because he did not think he would get a good answer with Hoff and his attorney sitting in the room. However, while this situation is unusual, it did not necessarily alter the scope of Meyer's agreement. Agent Southworth testified that he had attempted several times to interview Meyer alone, but that Meyer would not agree to it. Additionally, the plain language of the agreement requires complete and truthful testimony, without exception, and this point was emphasized to Meyer at the beginning of the interview. Even if there may be some evidence to support Meyer's view of modification, there is also ample evidence to the contrary. The district court's decision to admit Meyer's statement was not clearly erroneous. D. Refrigerator Search During the course of the joint drug and murder investigation, local law enforcement officials received a warrant to search a property known as the Ogg farm for two vehicles registered to Dennis Fenner. This search warrant did not indicate the names of the owners or residents of the Ogg farm. On May 2, 1994, county investigators executed the search warrant. During the search, one investigator noticed a refrigerator located about eight to ten feet from a mobile home on the premises. The refrigerator was partially covered by a tarp and was tied to a handcart. The officer lifted the tarp to inspect the refrigerator more closely. There was not a freezer door, so when the officer lifted the tarp, he was able to see into the freezer compartment where he observed drug paraphernalia, including a scale and baggies, and a cylindrical container. Further investigation disclosed a small amount of marijuana inside the container. Investigators used the evidence from the May 2 search to obtain another warrant on May 3, 1994. The May 3 search warrant authorized the search of the mobile home on the Ogg farm property which it identified as Hoff's residence. Hoff filed a motion to suppress evidence, claiming that the search of the refrigerator was outside the scope of the warrant in violation of the Fourth Amendment. Hoff attached a copy of the May 2 and 3 search warrants to his motion in an attempt to establish that the property searched was his residence. In response to Hoff's motion, the government contended that Hoff lacked standing to contest the search. To support this assertion, the government submitted a transcript from a December 1994 Dunn County Court proceeding in which Hoff denied ownership of the refrigerator.4 Hoff failed to produce further evidence or to file an affidavit asserting standing, choosing instead to rely only on his motion and the search warrants. After evaluating all of the evidence, Judge Crabb noted that Hoff had not produced any evidence that he owned the mobile home or that he was occupying it at the time of the search despite the fact that he was on notice that he had to come forward with evidence to prove standing. She concluded that Hoff had failed to meet his burden of establishing a requisite interest in the refrigerator, and therefore, he lacked standing to object to its search. We review the district court's findings of fact after a suppression hearing for clear error, while reviewing conclusions of law and mixed questions of law and fact de novo. Duguay, 93 F.3d at 349-50. The party seeking suppression bears the burden of establishing that he had a reasonable expectation of privacy in the area and items searched. United States v. Ruth, 65 F.3d 599, 604 (7th Cir.1995). In order to establish a reasonable expectation of privacy, the party must show that he had an actual, subjective expectation of privacy that society is prepared to recognize as reasonable. Id. (citation omitted). Since the police officers had a valid warrant to search Hoff's property for vehicles, Hoff challenges only the additional search of the refrigerator. Hoff argues that he had standing to challenge this search solely because the refrigerator was within his curtilage, relying on the two search warrants to prove that the refrigerator was within his curtilage. Hoff did not testify or submit an affidavit regarding his expectation of privacy in the refrigerator. Hoff cites Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969), to support his argument. In Alderman, the Court held that "[i]f the police make an unwarranted search of a house and seize tangible property belonging to third parties ... the homeowner may object to its use against him, not because he had any interest in the seized items as 'effects' protected by the Fourth Amendment, but because they were the fruit of an unauthorized search of his house, which is itself expressly protected by the Fourth Amendment." Id. at 176-77, 89 S.Ct. 961. However, the Court was quick to note that if the police were to enter a house "pursuant to a valid warrant authorizing the seizure of specified gambling paraphernalia but discover illegal narcotics in the process of the search, the narcotics may be seized and introduced in evidence in the prosecution of the homeowner, whether the narcotics belong to him or to a third party." Id. at 177 n. 10, 89 S.Ct. 961. In the present case, the police entered Hoff's curtilage pursuant to a valid warrant. Therefore, Hoff cannot raise a claim based on an unauthorized search of his curtilage. Hoff cannot assert a protected interest in the refrigerator based solely on the fact that the refrigerator was within his curtilage. He must establish that he had a reasonable expectation of privacy in the refrigerator. As noted above, Hoff does not claim that the refrigerator was his or assert that he had any expectation of privacy in the refrigerator apart from the fact that it was within his curtilage.5 As was the case in Ruth, Hoff attempts to meet his burden by relying on the search warrants and testimony by a law enforcement officer. See Ruth, 65 F.3d at 604-05. In Ruth, we noted that since the existence of a privacy interest "depends, in part, on the defendant's subjective intent" it is "almost impossible" to establish a reasonable expectation of privacy without an affidavit or testimony from the defendant. Id. at 605. In the present case, Hoff fails to present any evidence showing that he had a subjective expectation of privacy in the refrigerator. Therefore, Hoff has failed to establish that he had a reasonable expectation of privacy in the refrigerator, and he does not have standing to challenge the search.6 E. Cross-Examination of Rock At trial, the government called Rock as one of its principal witnesses against Hoff. On direct, the prosecutor established that Rock was serving a ten-year prison sentence after pleading guilty to federal drug charges. Rock also testified that he was serving a twenty-year state sentence for murder. Hoff's attorney sought to establish Rock's bias on cross-examination by showing that Rock knew that Hoff had provided the police with information that Rock was involved in drug trafficking and had committed two premeditated murders in furtherance of his drug activity. The district court allowed defense counsel to ask Rock if he was aware that Hoff had given the police information about Rock's involvement in drug dealing and the one murder for which Rock was serving the twenty-year sentence. The district court did not allow defense counsel to probe further into the details of Hoff's accusations against Rock or to explore the fact that the information that Hoff provided to the police exposed Rock to the possibility of two consecutive life sentences or the federal death penalty. Hoff contends that the district court erred by denying him the opportunity to fully cross-examine Rock regarding Hoff's accusations. Hoff asserts that this denial prevented him from exposing the full extent of Rock's bias against him. We review for abuse of discretion. United States v. Torres, 965 F.2d 303, 310 (7th Cir.1992). The Supreme Court has noted that exposing possible bias is "a proper and important function of the constitutionally protected right of cross-examination." Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986) (citations omitted). However, the Confrontation Clause does not prevent a trial judge from imposing limits on the extent and scope of cross-examination. In fact, "trial judges retain wide latitude insofar as the Confrontation Clause is concerned to impose reasonable limits on such cross-examination based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness' safety, or interrogation that is repetitive or only marginally relevant." Id. at 679, 106 S.Ct. 1431. In his reply brief, Hoff cites Lindh v. Murphy, 124 F.3d 899 (7th Cir.1997), to support his argument. However, Hoff fails to note an important distinction between his case and Van Arsdall and Lindh. In both Van Arsdall and Lindh, the lower court was reversed because it prohibited all inquiry into the possibility of bias. Van Arsdall, 475 U.S. at 679, 106 S.Ct. 1431; Lindh, 124 F.3d at 901. In the present case, Hoff was allowed to explore bias by exposing the fact that Rock was serving a twenty-year prison sentence for murder because of information Hoff provided to the police and that Rock was not happy about the situation. As we have noted, cross-examination has no natural limits, and the trial judge must therefore exercise judgment in deciding when the point of diminishing returns has been reached, or passed--a judgment that will depend on the particulars of each case, and on such unreviewable imponderables as the judge's assessment of the jury's comprehension and attention span. United States v. Akinrinade, 61 F.3d 1279, 1285 (7th Cir.1995) (quoting United States v. Herrera-Medina, 853 F.2d 564, 566 (7th Cir.1988)). In the present case, the district judge allowed the defense to establish, during an extensive cross-examination, that Rock had reason to be biased against his father since Hoff had provided the police with information incriminating Rock. Hoff argues that the more evidence he could present, the greater the bias he would be able to establish. However, it is up to the district judge to determine when the point of diminishing returns has been reached. Having allowed evidence of Rock's basic reason for bias, the district judge reasonably determined that additional evidence would be repetitive. This decision did not constitute an abuse of discretion. F. Sentencing Issues Hoff7 argues that the district court violated his right to due process by enhancing his drug conspiracy sentence based on alleged participation in murders during the course of the conspiracy and asks us to vacate his sentence and to remand the case for resentencing. Hoff does not contend that the district court incorrectly applied the Sentencing Guidelines; rather he argues that the way in which the Guidelines operate to create a life sentence in his case is unconstitutional. Since it implicates constitutional issues, we review the district court's sentencing determination de novo. United States v. Neely, 980 F.2d 1074, 1080 (7th Cir.1992). Hoff asserts that the Sentencing Guidelines' cross-reference under § 2D1.1(d)(1) to first degree murder violates his right to due process, since he was never charged or convicted by a jury for murder. Even though the defendants were not tried for murder, Judge Crabb was able to consider evidence of the murders as "relevant conduct" under § 1B1.3(a)(1) which provides that cross-references in Chapter Two should be determined based on "all acts and omissions committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the defendant ... that occurred during the commission of the offense of conviction ...." Hoff does not argue that the murders did not constitute relevant conduct under the Guidelines or that relevant conduct cannot be considered to enhance a defendant's sentence. Instead, he asserts that the application of the Guidelines is unconstitutional, since murder is "different" than other offenses. Hoff argues that no person should be sentenced for murder without first being convicted of murder after a jury trial. While we realize that murder is the most odious of crimes, it is clear that "sentencing judges may look to the conduct surrounding the offense of conviction in fashioning an appropriate sentence, regardless of whether the defendant was ever charged with or convicted of that conduct, and regardless of whether he could be." United States v. Dawn, 129 F.3d 878, 884 (7th Cir.1997) (collecting cases). Additionally, we must note that "taking into account conduct related to the offense of conviction in sentencing is not the same thing as holding the defendant criminally culpable for that conduct." Id. (citations omitted). At sentencing, a defendant does not have a right to have his sentence determination confined to facts proven beyond a reasonable doubt. McMillan v. Pennsylvania, 477 U.S. 79, 92, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986). Hoff relies on United States v. Lombard, 72 F.3d 170 (1st Cir.1995), to support his contention that a sentence enhancement for murder is so severe that it raises grave constitutional questions concerning the lesser procedural protections available at sentencing. In so doing, he ignores United States v. Masters, 978 F.2d 281 (7th Cir.1992), which we find controlling. A key distinction between the present case and Lombard is that the statute governing Lombard's sentencing, 18 U.S.C. § 924(e), set out a statutory minimum sentence, but did not have a stated statutory maximum. Lombard, 72 F.3d at 178; 18 U.S.C. § 924(e). The sentencing in the present case is governed by 21 U.S.C. § 841(b)(1)(A)(ii), which sets out an express statutory maximum sentence of life. As we noted in Masters, "[c]onviction at trial supplies all of the justification the Constitution requires for depriving the defendant of liberty for any term up to the maximum prescribed by statute." Masters, 978 F.2d at 286. "How much of that time to grant back in sentencing, and what procedures to use when doing so, are legislative rather than constitutional choices." Id. In the present case, Hoff's life sentence was within the expressly stated statutory maximum for his offense of conviction. We have noted that increased precautions may be necessary in cases in which the use of cross-references dramatically alters the balance between trial and sentencing. See Masters, 978 F.2d at 287. In the present case, without consideration of the murders, Hoff would have scored an offense level of 39. An increase from level 39 to level 43 is not the type of drastic increase which would allow the sentencing enhancement to become the tail which wags the dog of the substantive offense. See id. Judge Crabb's application of the Sentencing Guidelines did not violate Hoff's constitutional rights. Therefore, the decision of the district court is AFFIRMED with respect to Appellant Hoff. While we AFFIRM the judgment of the district court with respect to Appellant Meyer's immunity agreement claim, we REVERSE Meyer's conviction on his jury instruction claim and REMAND his case for a new trial. On consideration of the government's petition for rehearing, we have decided to amend the opinion. The petition for rehearing is denied The agreement refers to itself as both a "plea agreement" and an "agreement not to prosecute." To avoid confusion, and because the agreement did not require Hoff to plead guilty to any charges, we will refer to the document as Hoff's immunity agreement Initially, Meyer moved to dismiss the indictment, claiming that he had been promised immunity from prosecution. However, after examining Meyer's immunity agreement, the district court properly concluded that the agreement was not a non-prosecution agreement but rather a promise for use immunity. Therefore, the district court viewed Meyer's motion as a motion to suppress statements, and we treat it as such on appeal This finding is consistent with the treatment nonprosecution agreements have received in other circuits under similar circumstances. See, e.g., United States v. Bailey, 34 F.3d 683, 690 (8th Cir.1994) (holding that, under a non-prosecution agreement, a defendant bargains to avoid the "risk of going to trial," i.e., conviction and punishment, and not to avoid trial); United States v. Bird, 709 F.2d 388, 392 (5th Cir.1983) (stating that a promise not to prosecute is in essence a grant of immunity from punishment) The government failed to meet a filing deadline set by the magistrate in submitting the state court transcript. The magistrate judge ruled that the government's submission was untimely and refused to consider it. The district court examined the matter and decided that the untimely material could be considered Hoff may be reluctant to assert an interest in the refrigerator, due to the incriminating nature of its contents. However, while any of Hoff's pretrial assertions may be used against him indirectly at trial, he is afforded some protection since it is clear that testimony given to meet standing requirements for motions to suppress cannot be used as direct evidence against the defendant at trial on the question of guilt or innocence. See Simmons v. United States, 390 U.S. 377, 390, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968) Since Hoff failed to present evidence sufficient to meet his burden of proof, we need not determine the effect of the state court transcript submitted by the government Since we must reverse and remand Meyer's conviction on other grounds, we do not address his sentencing claim
214 F.2d 717 United States Court of Appeals, Fifth Circuit. June 30, 1954. Harry I. Freedman, Dallas, Tex., for appellant. Dudley J. Godfrey, Jr., Ellis N. Slack, Alonzo W. Watson, Jr., Special Assts. to the Atty. Gen., H. Brian Holland, Asst. Atty. Gen., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee. Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge. RIVES, Circuit Judge. Macatee, Inc. filed this action against the United States of America pursuant to the provisions of 28 U.S.C.A. § 2410 to foreclose a lien on real property on which the United States also claimed a lien. The lien of Macatee, Inc. was a statutory attachment lien obtained by the issuance of a writ of attachment and levy thereof on September 15, 1952, followed by return of the officers pursuant to Article 6662 of the Revised Civil Statutes of Texas. On April 24, 1953, Macatee, Inc. obtained judgment in the attachment suit against A. W. Lagow in the sum of $6,505.49. The United States asserted claims against A. W. Lagow for employment and social security taxes (Federal Insurance Contribution Act, see 26 U.S.C.A. § 1400 et seq.) The pertinent facts concerning those claims may be most readily grasped from the following schedule: Date Collector Date of Date of receipt gave notice of filing by Collector assessment and notice of of certified made demand tax lien For period assessment for payment on with County Amount ending lists taxpayer Clerk ---------------------------------------------------------------------------- $ 2,420.63 3rd Qtr. of May 19, 1952 May 15, 1952 Sept. 23, 1952 1951 $ 127.43 4th Qtr. of May 19, 1952 May 15, 1952 Sept. 23, 1952 1951 $19,516.57 2nd Qtr. of Aug. 5, 1952 July 31, 1952 Jan. 9, 1953 1951 $20,463.61 3rd Qtr. of Aug. 5, 1952 July 31, 1952 Jan. 9, 1953 1951 The district court found that the liens for taxes of the United States on the property of Lagow were superior to Macatee's attachment lien and ordered the property sold pursuant to 28 U.S.C.A. §§ 2001, 2002, and the proceeds of sale to be paid into the registry of the court and distributed, first to the payment of court costs, second to the payment of the claims of the United States, third to the payment of the judgment to Macatee, Inc., and lastly the balance, if any, to A. W. Lagow. Appellant's first contention is that, since its attachment lien was levied upon specific property of Lagow and notice of the writ and return filed with the County Clerk of Dallas County before the United States filed its notices of tax liens with the County Clerk, the attachment lien is superior to the liens of the United States. In considering this contention, we must assume that appellant's attachment lien created by Texas law was a choate lien under the laws of that State and was a specific and perfected lien under federal law. United States v. Liverpool & London & Globe Ins. Co., 5th Cir., 209 F.2d 684.1 The relative priority of the liens here involved is then to be determined by applying the test of "the first in time is the first in right." United States v. City of New Britain, Conn., 347 U.S. 81, 74 S.Ct. 367; United States v. Liverpool & London & Globe Ins. Co., supra; United States v. Albert Holman Lumber Co., 5 Cir., 206 F.2d 685, rehearing denied 208 F.2d 113. Application of that test to the undisputed facts of this case establishes that the tax liens of the United States were first in time and, therefore, prior in right. The assessment lists as to the taxes due the United States were received by the Collector on May 19, 1952 and August 5, 1952. Thereupon, under the provisions of Section 3671 of the Internal Revenue Code2 liens arose in favor of the United States and, under the provisions of Section 3670, such liens extended to "all property and rights to property, whether real or personal, belonging to such person." Macatee's lien could have arisen no earlier than September 15, 1952, the date its suit was filed and the writ of attachment was issued. Accordingly, the liens for federal taxes arose before Macatee's attachment lien. It is true that notices of the tax liens were filed by the Collector with the County Clerk on September 23, 1952 and January 9, 1953, after the writ of attachment had been levied. The filing of such notices, however, was necessary to protect only against the persons named in the statute, 26 U.S.C.A. § 3672, that is "as against any mortgagee, pledgee, purchaser, or judgment creditor". See United States v. Security Trusts & Savings Bank, 340 U.S. 47, 53, 71 S.Ct. 111, 95 L.Ed. 53 (concurring opinion of Mr. Justice Jackson); United States v. City of New Britain, Conn., 347 U.S. 81, 88, 74 S.Ct. 367. The notices of tax liens were filed with the County Clerk prior to the time Macatee reduced its claim against the taxpayer to judgment. Appellant's second contention is that the only demands for payment by the Collector were made prior to the receipt of the assessment lists and were insufficient because, according to appellant's contention, the lien for unpaid taxes upon the property of a delinquent taxpayer does not arise in favor of the United States until the Collector makes demand for payment after he receives the assessment list.3 The cases cited by the appellant sustain the proposition that a demand for payment of unpaid taxes is a condition precedent to the enforcement of a lien in favor of the United States upon the property of a delinquent taxpayer. It is true, also, that 26 U.S. C.A. § 3655 requires the Collector to notify the taxpayer after he has received the list of taxes from the Commissioner. The purpose of requiring such a notice and demand is for the protection of the taxpayer. In re Baltimore Pearl Hominy Co., 4 Cir., 5 F.2d 553, 555. It has little or no relation to determining priority of liens between the United States and other lienholders. If a demand after receipt of the assessment list by the Collector is essential, the demand would relate back to the date of such receipt and the lien would take priority from that date. See 26 U.S.C.A. § 3671, quoted in footnote 2, supra. Cf. Citizens National Trust & Savings Bank of Los Angeles v. United States, 9 Cir., 135 F.2d 527. Appellant insists that, under Section 3670 of the Internal Revenue Code, 26 U.S.C.A. § 3670,4 the lien does not arise until the taxpayer has neglected or refused to pay the tax after demand. That section does not, however, require that the demand be made after the receipt of the assessment list. It requires only that the taxpayer be "liable" to pay the taxes and that he "neglects or refuses to pay the same after demand". Appellant's argument seems to be based on the old theory of ad valorem taxation, that there must be a formal act of assessment before liability for a tax arises, 51 Am.Jur., Taxation, Section 647, Footnote 11. That does not generally hold true as to excise taxes, id. Section 649, Footnote 16. Chief Judge Hutcheson of this Court, when a district judge, wrote as follows concerning income taxes: "As to the first question, while it is true that as to ad valorem taxes there must be a formal act of assessment by the officers, or board of officers, elected or appointed for that purpose, which must be made a matter of record before liability for a tax arises (26 R.C.L. § 297), liability for income taxes arises, and in some sense it may be said that they accrue, at the time the gains, profits, and income passed into the hands of the recipient. The return is required in any case before the day of the levy, so that it is clear that the tax is due — that is, that the recipient of the gains, profits, and income is liable for it — before it is assessed, as the return is only to ascertain if the liability exists, and its extent. 26 R.C.L. § 127." United States v. Proctor, D.C.So.Dist.Texas, 286 F. 272, 273-274. The Court of Claims has noted more than once that "Taxes may be and often are collected without assessment". Meyersdale Fuel Co. v. United States, 44 F.2d 437, 446, 70 Ct.Cl. 765; Muir v. United States, 3 F.Supp. 619, 621, 78 Ct.Cl. 150; Pioneer Coal & Coke Co. v. United States, 14 F.Supp. 661, 669, 83 Ct.Cl. 200. It has been observed that "The federal income tax system is based upon a theory of self-assessment. It is a basic principle of that system that a taxpayer is under a duty to correctly report his taxable income and to pay the proper amount of taxes due thereon." Welp v. United States, D.C.N.D.Iowa, 103 F.Supp. 551, 560. That observation holds true as to the employment and social security taxes here involved and the taxpayer became liable for them prior to assessment and prior to the times the demands for payment were made on May 15, 1952 and July 31, 1952. See Sections 1400, 1420, 1600, 1604, and 1605 of the Internal Revenue Code and Regulations 120, Sections 406.605 and 406.606. We conclude, therefore, that insofar as the determination of priorities of liens between the United States and the appellant is concerned, it was not essential that the Collector make demand for payment after he received the assessment lists. If there is cause for complaint for failure to give the notice required by 26 U.S.C.A. § 3655, that cause belongs to the taxpayer. See In re Baltimore Pearl Hominy Co., supra. We think that it was probably an inadvertence for the district court to decree foreclosure of the liens on the taxpayer's property in a proceeding to which the taxpayer was not a party. It may be that the liens far exceeded the value of the property, but the concluding sentence of the judgment directed the payment of any remaining balance of the proceeds of sale on foreclosure to the taxpayer. In any event, the fact that the taxes have now been assessed may not be conclusive that they are owing, and, before a decree of foreclosure, the taxpayer is entitled to his day in court. United States v. Acri, D.C., 109 F.Supp. 943, 944, affirmed 6 Cir., 209 F.2d 258, certiorari granted 1954, 347 U.S. 973, 74 S.Ct. 784. See 33 Am.Jur., Liens, Section 47. 26 U.S. C.A. § 3678(b)5 seems to us to make the taxpayer an indispensable party to a civil action to enforce a lien on his property. While the taxpayer's absence is not complained of by either of the parties to this appeal, we think it of such importance that it should be noted by this Court. The judgment insofar as it determines priorities of liens between the parties is affirmed, but insofar as the judgment orders the property of the taxpayer sold for the satisfaction of the liens the judgment is reversed and the cause remanded for such further proceedings, if any, as are consistent with this opinion. The costs are taxed against the appellant. Affirmed in part and reversed in part and remanded. 1. It may be noted that the United States Supreme Court, on May 24, 1954, granted certiorari to review this decision and also in two similar cases, United States v. Acri, 6 Cir., 209 F.2d 258, and United States v. Scovil, 224 S.C. 233, 78 S.E.2d 277; See 347 U.S. 973, 974, 74 S.Ct. 784, 785. 2. 26 U.S.C.A. § 3671. "Period of lien "Unless another date is specifically fixed by law, the lien shall arise at the time the assessment list was received by the collector and shall continue until the liability for such amount is satisfied or becomes unenforceable by reason of lapse of time." 3. In support of this contention the appellant cites the following authorities: Detroit Bank v. United States, 317 U.S. 329, 335, 63 S.Ct. 297, 87 L.Ed. 304; United States v. Ettelson, 7 Cir., 159 F.2d 193; Citizens State Bank of Barstow, Tex. v. Vidal, 10 Cir., 114 F.2d 380; MacKenzie v. United States, 9 Cir., 109 F.2d 540; In re Baltimore Pearl Hominy Co., 4 Cir., 5 F.2d 553; The River Queen, D.C.E.Dist.Va., 8 F.2d 426; In re Holdsworth, D.C.N.J., 113 F.Supp. 878; United States v. Rosenfield, D.C.E. Dist.Mich., 26 F.Supp. 433; United States v. Allen, C.C.Middle Dist.Tenn., 14 F. 263; United States v. Pacific Railroad, C.C.E.Dist.Mo., 1 F. 97; and provisions of Chapters 34, 35 and 36 of Title 26, Internal Revenue Code. 4. "Section 3670. Property subject to lien "If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, penalty, additional amount, or addition to such tax, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person." 5. 26 U.S.C.A. § 3678(b): "(b) Parties to proceedings. All persons having liens upon or claiming any interest in the property or rights to property sought to be subjected as aforesaid shall be made parties to such proceedings and be brought into court."
282 U.S. 187 51 S.Ct. 94 75 L.Ed. 287 BROAD RIVER POWER CO. et al. STATE OF SOUTH CAROLINA ex rel. DANIEL, Atty. Gen. Decided Dec. 15, 1930. Mr. William Marshall Bullitt, of Louisville, Ky., for [Argument of Counsel from pages 187-192 intentionally omitted] Messrs. Cordie Page and Irvine F. Belser, both of Columbia, S. C., for respondent. At the last term the writ of certiorari in this cause was dismissed for want of jurisdiction. 281 U. S. 537, 50 S. Ct. 401, 74 L. Ed. 1023. A rehearing afterwards was ordered by the Court (282 U. S. 795, 51 S. Ct. 38, 75 L. Ed. —) and the rehearing recently has been had. Upon this further consideration the Court adheres to the view that the writ of certiorari should be dismissed for want of jurisdiction, but the members of the Court differ in the reasons which lead to that decision: Mr. Justice VAN DEVANTER, Mr. Justice McREYNOLDS, Mr. Justice SUTHERLAND, and Mr. Justice BUTLER concur in this disposition of the case, upon the rehearing, for the following reasons: The state court found that the petitioners here 'did not make a bona fide effort to make the street railway business a success,' but planned to discontinue it and pursued a course tending to depress the business and make it unremunerative; that 'if the street car system had been properly maintained, as it could and should have been, the same would have been patronized by the public generally'; and that the 'street railway system can be made to yield a fair return if properly managed and properly maintained.' These findings, although opposed to part of the evidence, have such support in other parts that they should be accepted here. In the presence of such findings, so supported, it is apparent that on the present record petitioners are not in a position to maintain that enforced operation of the street railway system will be in contravention of rights secured by the due process of law clause of the Fourteenth Amendment. An essential basis in matter of fact for the right sought to be asserted under that constitutional provision is wanting; and, as this is true regardless of whether the electric street railway franchise be independent or so unified with other franchises as to be interdependent, there is no present need to consider or determine its status in that regard. The CHIEF JUSTICE, Mr. Justice HOLMES, Mr. Justice BRANDEIS, and Mr. Justice STONE, adhere to the views expressed in the opinion heretofore delivered. 281 U. S. 537, 50 S. Ct. 401, 74 L. Ed. 1023. Mr. Justice ROBERTS, considering himself disqualified, took no part in the decision of this case. Per Mr. Chief Justice HUGHES.
292 F.2d 737 110 U.S.App.D.C. 244 Walter E. DE BINDER, Appellant, UNITED STATES of America, Appellee. United States Court of Appeals District of Columbia Circuit. Argued Jan. 31, 1961. Decided May 18, 1961. Mr. Joseph F. Healy, Jr., Washington, D.C., with whom Messrs. C. Edward Leasure and Robert N. Duggan, Washington, D.C. (all appointed by this Court), were on the brief, for appellant. Mr. Arnold T. Aikens, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty. at the time of argument, and Carl W. Belcher, Asst. U.S. Atty., were on the brief, for appellee. Before WILBUR K. MILLER, Chief Judge, and EDGERTON and WASHINGTON, Circuit Judges. WASHINGTON, Circuit Judge. Appellant was convicted of housebreaking and larceny, after jury trial, in the District Court, D.C.Code 22-1801, 22-2201 (1951). He was sentenced to a term of imprisonment, and appealed. The case for the prosecution rested principally upon the testimony of the complaining witness. Her testimony at trial identifying appellant as the nocturnal intruder in her daughter's apartment was definite and unequivocal, but it was the only eye-witness testimony offered, and virtually the only evidence directly linking the defendant-appellant to the crime. The theft occurred in the basement apartment of the house in which appellant-- young man-- lived with his parents and his three brothers. One of appellant's brothers is his identical twin. There was evidence that appellant's twin was charged with housebreaking in the same general neighborhood on the same night, the offense allegedly having occurred shortly before the crime here in question. There was also evidence that the same jacket was worn by appellant's twin at that offense and by the intruder who committed the instant offense. On the morning after the theft the complaining witness was confronted with appellant's twin. She testified that she then said that the twin was not the intruder; however, a defense witness testified that she made a positive identification of the twin as the intruder. It is not disputed that appellant's twin brother was thereafter arrested (though not tried) for the crime for which appellant was ultimately convicted. Counsel for defendant-appellant, after establishing that the complaining witness had given testimony before the grand jury on these matters, moved to have the grand jury minutes produced. This motion was denied, upon Government objection. The defense then moved, in the alternative, to have the court inspect the minutes in camera to determine whether any inconsistencies existed between the complaining witness' testimony before the grand jury and her testimony at the trial. This motion was likewise denied. It is beyond dispute that 'the trial judge may in the exercise of his discretion order the minutes of a grand jury witness produced for use on his cross-examination at trial.' Pittsburgh Plate Glass Co. v. United States, 1959, 360 U.S. 395, 400, 79 S.Ct. 1237, 1241, 3 L.Ed.2d 1323. Such disclosure is not a matter of right; rather 'the burden * * * is on the defense to show that 'a particularized need' exists for the minutes which outweighs the policy of secrecy.' Ibid. Where the defense is unable to show 'any need whatever for the testimony' and disclosure is demanded solely as a matter of right, the Supreme Court has held that grand jury minutes need not be produced. Ibid. We think in this case appellant's need for the minutes was apparent, and that the burden was met. Here the prosecution's case rested largely upon the testimony of a sole, key, eyewitness. While there is no requirement that the defense make a preliminary showing that contradictions exist between the witness' testimony before the grand jury and her testimony at trial, id., 360 U.S. at page 401, 79 S.Ct. at page 1241, the trial judge would nevertheless be bound to consider evidence suggesting the possibility of such inconsistencies in exercising his discretion. We find in the record before us ample ground for such suspicion. Given the immediacy of appellant's need, and the apparent reasonableness of his claim, we believe that the trial judge abused his discretion under Fed.R.Crim.P. 6(e), 18 U.S.C.A., in failing to order production of those parts of the witness' grand jury testimony which relate to the same subjects testified to at trial.1 Considering all the circumstances of this case-- in particular the fact that inspection may reveal no inconsistencies-- we think that outright reversal is inappropriate. The interests of justice will, we think, be best served in this case by remanding it to the District Court with instructions to permit defense counsel to examine the grand jury testimony of the complaining witness, and to urge upon the court, as grounds for a new trial, any material inconsistencies alleged to exist between such testimony and the testimony of the same witness at the trial. If material inconsistencies are found by the District Court to exist, the District Court shall grant a new trial. If a new trial is denied, the order of denial may be appealed to this court. WILBUR K. MILLER, Chief Judge (dissenting). Causing confusion by the introduction of identical twins is a comic device which had been used in literature since Plautus wrote his Menaechmi, upon which Shakespeare based The Comedy of Errors some eighteen hundred years later. I note from the majority opinion that it is effective today in the serious business of a criminal appeal. I would affirm, without qualification.
328 F.2d 966 53 P.U.R.3d 270 CONTINENTAL SHIPPERS' ASSOCIATION, Inc., Appellant, UNITED STATES of America, Appellee. United States Court of Appeals Ninth Circuit. Feb. 25, 1964, Rehearing Denied March 27, 1964. Knapp, Gill, Hibbert & Stevens, and Wixon Stevens, Los Angeles, Cal., for appellant. Francis C. Whelan, U.S. Atty., Thomas R. Sheridan, Asst. U.S. Atty., Chief, Criminal Section; and David R. Nissen, Asst. U.S. Atty., Los Angeles, Cal., for appellee. Before CHAMBERS, ORR and BARNES, Circuit Judges. ORR, Circuit Judge. Continental Shippers' Association, Inc., is a non-profit organization which ships freight for its members in order to generate enough volume to obtain carload rates and provide other services. It shipped a large volume via Southern Pacific Railroad from Chicago to Los Angeles. In connection with this activity, Southern Pacific had granted Continental credit privileges as authorized by the Interstate Commerce Act, 49 U.S.C. 3(2) (1959), and the regulations thereunder, 49 C.F.R. 142.1-.15 (1958) and 142.1b (Supp.1963). Those regulations provide that, where credit is extended to a shipper by a railroad, the charge shall be paid within 120 hours computed as specified therein. Continental had failed to make timely payment of its freight bills on occasions in the past. In December of 1961 it again began to exceed the 120 hour permissible credit period because of its poor financial condition. Its delinquencies continued tnto January and February of 1962. Finally, on February 6, 1962, Southern Pacific suspended Continental's credit privileges because of its failure to pay. Since that date Continental has been on a cash basis with Southern Pacific. This case is a criminal prosecution brought on thirty counst, each charging a violation of the Elkins Act, 49 U.S.C. 41(1) (1959). Each count alleged one of Continental's delinquencies in December of 1961 or January or February of 1962 as an offense. Trial was had and conviction obtained on all thirty counts. The Elkins Act provides, in part, that: 'it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect to the transportation of any property in interstate * * * commerce by any common carrier subject to (the Interstate Commerce Act) * * * whereby any * * * advantage is given or discrimination is practiced. Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor * * .' That the transportation here was in interstate commerce by a common carrier subject to the Interstate Commerce Act was stipulated. In order for the conviction to be upheld, then, the record must disclose that Continental (1) knowingly, (2) solicited, accepted, or received (3) a rebate, concession, or discrimination (4) whereby any advantage was given or discrimination was practiced. The government's theory, in brief, was that Continental's failure to make timely payment of its freight charges resulted in a concession or discrimination in the nature of an extension of credit, giving Continental a longer time to pay its bills than other shippers received. The result, argues the government, was the receipt of an advantage or discrimination by allowing Continental to operate on Southern Pacific's capital, without interest. Continental challenges its conviction on many grounds. Since we conclude that the evidence, even when viewed most favorably to the government,1 does not show a violation of the Elkins Act, we do not discuss all of its objections. The Meaning of 'Concession or Discrimination' The Elkins Act's prohibition of 'concession or discrimination' 'implies a comparison with, a measurement by, and a departure from, a determined standard.'2 The comparison is to be made with the treatment normally accorded other shippers by the railroad. A mere violation of the Interstate Commerce Act credit regulations does not necessarily violate the Elkins Act. But the credit regulations are related to the alleged violations of the Elkins Act in that they give rise to an opportunity to discriminate by establishing a standard from which deviation can occur. Because of the credit regulations, the railroad insists on, and usually obtains, payment of bills within 120 hours. It is only in this regard that the regulations are relevant. The words 'concession or discrimination' also require that a two-party transaction exist before the Elkins Act is violated. It is not enough that a shipper know that he is in a different position than other shippers; the railroad must have put him in, or he must have asked the railroad to put him in, that position. If the word 'advantage' had been used by Congress to describe the prohibited acts, the opposite might be true. An 'advantage' can be obtained with or without the aid of another. But the Act forbids only those advantages gained by means of a 'concession or discrimination'. The word 'advantage' was used only to describe the result, and not the prohibited acts themselves. The prohibited acts, concession or discrimination, that a conceding or discriminating party exist. This is not to say that there must be knowing co-operation between shipper and carrier before the Elkins Act can be violated. United States v. P. Koenig Coal Co., 270 U.S. 512, 46 S.Ct. 392, 70 L.Ed. 709 (1926), established the proposition that guilty knowledge or collusion on the part of both parties is not required. But Koenig Coal did not ignore the two-party nature of concession or discrimination. In that case the defendant had made a misrepresentation to a railroad which resulted in defendant's receiving an allocation of railroad cars which was not permissible under an emergency transportation order. The Court, in reversing the district court's dismissal of indictment, faced the question of who the conceding party was and stated that it was the railroad which made the concession and gave the advantage. Since the railroad had acted innocently, though, it did not violate the Elkins Act. But in Koenig Coal it was recognized that a conceding or discriminating party, albeit unknowing, is needed before a concession or discrimination can occur. The government contends that 'receipt' of discriminatory credit extensions occurred when Continental shipped and did not pay the charge within the period in which others were required to pay; and that various acts of Continental constituted solicitation of credit extensions. These will be discussed separately. Failure to Pay Bills as Receipt of a 'Concession or Discrimination' The mere fact that Continental failed to pay its freight bills within 120 hours and thus took advantages which it knew other shippers did not receive does not show acceptance or receipt of a concession or discrimination. As heretofore stated, no concession or discrimination could be accepted or received unless one was given by the railroad. It was not shown here that the railroad acted discriminatorily. The evidence merely indicates that the railroad allowed Continental to ship freight, as it did any other person desiring to do so, and extended to Continental the allowable credit. This was no concession or discrimination but only the giving of what lawfully could be and was given to any shipper. Any advantage gained by Continental was gained entirely by its own action through its failure to pay freight bills after the freight had been received. Though an 'advantage' may have existed, it was not obtained through a discrimination or concession either knowingly or innocently granted by the railroad, and thus did not violate the Elkins Act. Of course, if the evidence had shown a long-standing record of unobjected-to late payments, a course of action amounting to the giving and receiving of discriminatory credit might be found. But the railroad continually objected to Continental's late payments and went so far as to suspend Continental's credit privileges on October 25, 1960, for delinquencies occurring prior to that date. Continental's credit was later reinstated and between that time and the events involved in this case there was no regular pattern of late payments. On those occasions when Continental did exceed the 120 hour limit Southern Pacific urged prompt payment. Thus, there is no support for the theory that Southern Pacific, by its course of action, gave Continental a concession or discrimination. Solicitation of a 'Concession or Discrimination' The government points to serveral acts which it argues amount to solicitation. These occurred both before and after the shippments involved had taken place. Since an alleged concession or discrimination before shipment is tested by a different standard than one after shipment, the acts will be discussed in those categories. A. Acts of Solicitation Before Shipment Before shipment, the standard from which credit concessions or discriminations must be measured is the time within which the railroad normally requires its shippers to pay. The railroad's policy here was to require payment within the time specified in the regulations and almost all of its shippers complied with this policy. Thus a request for more than 120 hours in which to pay for a given shipment would be solicitation of a concession or discrimination with respect to that shipment. The transactions pointed to as 'solicitations' of credit before shipment did not in fact request such a longer credit for the shipments charged in the information. They are either too remote in time to relate to the shipments in question, or are 'solicitations' of completely legal advantages. For instance, the government cites the fact that Continental agreed to obey the time of payment regulations in its application for credit made June 15, 1960. But by the application only the lawful credit of 120 hours which was afforded any shipper was asked for; Continental could not have expected Southern Pacific to give them anything else by their form application. The government points also to Continental's threats that its traffic would be routed over other lines if Southern Pacific gave any further trouble on the matter of timely payment. One of these threats was made on October 24, 1960, and was in reference to Continental's difficulties which culminated in suspension of its credit on October 25, 1960; that threat does not support a charge of solicitation of credit over a year later on entirely different shipments. The 'several' other threats which were testified to by a government witness were not given a date. Hence it is not shown that they bear any closer connection to the shipments involved here, and they cannot support the charge of solicitation for these shipments. Neither do we feel that solicitation is shown by the testimony of Continental's managing director to the effect that he knew when goods were shipped that the bills might not be paid on time. His knowledge was not communicated to Southern Pacific, and the act of shipping itself did not request Southern Pacific to do anything more than transport the goods. B. Acts of Solicitation After Shipment After shipment is completed and payment has not been made within 120 hours, what the shipper solicits must still be compared with the normal treatment of others to determine if a concession or discrimination is asked for. The others in this case are those who also have exceeded the credit period. The government points to the following instances of solicitation after shipment had been made:3 On February 5, 1962, Continental advised Southern Pacific that it was airmailing a check to cover delinquent bills, but the check was never mailed; Continental's president informed a Southern Pacific agent on February 6, 1962, that Continental was undergoing a reorganization and because of this would have to be a little late in payment of its bills, and asked the railroad to be 'understanding' in connection with the problem; late in February, 1962, Continental's managing director requested more time in which to pay its bills; Southern Pacific agreed not to bring suit for a period of time in which Continental would attempt to pay up its bills; and in June, 1962, Continental suggested an installment type payment plan by which it might clear up its debts. Since some of these statements ask for more than the usual 120 hours of credit, they might well constitute solicitation of a concession or discrimination if they had been made before shipment. But they were all made after the last shipment took place on February 3, 1962. The Elkins Act does not make the mere failure to pay bills in violation of the regulations a crime, without more. Neither does it make criminal a dialogue between creditor and debtor aimed at resolving an existing default and securing the payment of delinquent bills, without more. We conclude that the evidence established only this: because of its pressing financial problems, Continental failed to pay its obligations on time. Continental then informed the railroad of its problems, and suggested steps to resolve the debt. The railroad, after consideration, disclosed to Continental the steps which it intended to take to collect the debt. But it was not shown that the railroad would not discuss or make reasonable efforts to settle like problems of other shippers in similar circumstances. Therefore, no discrimination or concession was shown. A consideration of the record as a whole convinces us that Continental did not solicit, accept, or receive a concession or discrimination; hence there was a failure of evidence to support the charge. Standard Oil Co. of Ind. v. United States, 164 F. 376, 390 (7th Cir. 1908) (concurring opinion), cert. denied 212 U.S. 579, 29 S.Ct. 689, 53 L.Ed. 659 (1909) The first of the shipments charged in the information was made on December 2, 1961, and the last on February 3, 1962. Southern Pacific suspended Continental's credit for failure to pay on February 6, 1962. As of the time of trial, twentyfour out of the thirty shipments charged as violations had not yet been paid for
386 F.2d 885 MERIDEN INDUSTRIES COMPANY The UNITED STATES. No. Cong. 5-58. United States Court of Claims. November 9, 1967. John W. Kline, New Haven, Conn., attorney of record, for plaintiff. Edward Weintraub, Washington, D. C., with whom was Asst. Atty. Gen., Edwin L. Weisl, for defendant. Before COWEN, Chief Judge, LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges. This case was referred to Trial Commissioner Saul Richard Gamer with directions to make findings of fact and recommendation for conclusions of law. The commissioner has done so in an opinion and report filed on July 28, 1967. Plaintiff has filed no exceptions to or brief on this report and the time for so filing pursuant to the Rules of the court has expired. On September 19, 1967, defendant filed a motion that the court adopt the commissioner's report to which plaintiff has failed to respond. Since the court agrees with the commissioner's opinion, findings and recommended conclusion of law, as hereinafter set forth, it hereby adopts the same as the basis for its judgment in this case without oral argument. Plaintiff is, therefore, not entitled to recover on the petition insofar as it asserts a claim under the general jurisdiction of this court and, as such, the petition is dismissed. Defendant is entitled to recover on its counterclaim against plaintiff and judgment is entered thereon for defendant in the sum of $813.62, plus interest at 6 percent per annum from December 30, 1958. It is further concluded that plaintiff has not stated a claim either legal or equitable against the United States and this opinion and the findings, so concluding, will be reported and certified by the Clerk to Congress pursuant to House Resolution 519, 85th Congress, 2nd Session. The petition in the instant case was filed on October 20, 1958, prior to the decision of the Supreme Court in Glidden Co. v. Zdanok, 370 U.S. 530, 82 S.Ct. 1459, 8 L. Ed.2d 671 (1962). The court deems it proper to file this report at this time without reference to the Supreme Court's opinions in the latter case or to the recent Congressional Reference Act, Public Law No. 89-681, 89th Congress, 2nd Session, October 15, 1966, 80 Stat. 958, because, although filed as a Congressional Reference Case, the petition also seeks judgment under the general jurisdiction of the court and the court alone can dispose of that part of the petition and of the government's counterclaim OPINION OF COMMISSIONER* A Government contractor undertook the performance of certain supply contracts. During the course of their performance, however, the contractor suspended operations and failed to complete deliveries, the contracts subsequently being terminated for default. When the contractor ceased production, it was heavily indebted on all aspects of its operations, including amounts owing to its subcontractors and suppliers, as well as to the Government itself as a result of Reconstruction Finance Corporation loans. In this Congressional Reference case, one of its subcontractors, Meriden Industries Company (originally a Connecticut corporation), is seeking payment from the Government of the amount of the prime contractor's indebtedness for parts delivered. When operations terminated, the subcontractor's unpaid bills covering such parts shipments totaled $4,794.55. At that time, the subcontractor also had on hand an inventory of raw materials and work in process, and it also seeks payment from the Government of the loss it has incurred on such inventory, its claim in this respect totaling approximately $14,000. The prime contractor was Harvey-Whipple, Inc., a Massachusetts corporation. The contracts it undertook to perform, entered into in 1952 (during the Korean war), called for the furnishing to the Army of over 1,000,000 units of a folding pick and shovel, called a "Combination Intrenching Tool." The difficulties, financial and otherwise, that Harvey-Whipple encountered in the performance of these contracts are detailed in this court's opinion and findings in Harvey-Whipple's own Congressional Reference case, in which it sought relief in the sum of over $2,100,000. In that case, the court concluded that Harvey-Whipple had no claim, legal or equitable, against the United States. Harvey-Whipple, Inc. v. United States, 342 F.2d 48, 169 Ct.Cl. 689 (1965). Since all of Harvey-Whipple's liabilities at the time it suspended operations in 1955, including its debts to its subcontractors, were included in its claim against the Government, thus at least in part duplicating Meriden's claim, Meriden's request that the proceedings in its case be suspended pending the final determination of Harvey-Whipple's case was granted by the court. However, the ultimate conclusion by the court that Harvey-Whipple's claim had no legal or equitable merit was based upon its execution of a complete release to the Government, for which it had received valuable consideration. The events of which it complained in the proceedings before this court (i. e., the furnishing to it of defective plans and specifications) preceded the execution of, and was therefore covered by, the release. Thus, this basis for the conclusion that Harvey-Whipple's claim lacked merit not only left Meriden still uncompensated but also left undetermined the merits of Meriden's claim. Accordingly, it then became necessary to proceed with an independent adjudication of such claim. At the time it entered into the intrenching tool contracts in May 1952, Harvey-Whipple was already in poor financial condition, and its situation progressively worsened until it suspended operations in July 1955. The company had long been in the business of manufacturing and distributing heating equipment and related articles and it was experiencing a drastic slump therein. It was greatly in need of new business. It had never before manufactured an item such as the intrenching tool.1 In 1949 it had received an RFC loan to finance certain Government contracts and now required additional funds to finance the 1952 tool contracts. Despite a large balance due on the 1949 loan, RFC authorized in August 1952 a second loan to finance the tool contracts. All of Harvey-Whipple's physical resources were already mortgaged to RFC to secure the first loan, so the second loan was made upon the additional security (the security for the first loan also being made applicable to the second) of the moneys to become due from the Army for the tools, which moneys were assigned to the RFC. Except for an initial advance of $56,000 to be used for capital expenditures, the arrangement between RFC and Harvey-Whipple for the disbursement of loan funds for operating purposes was that, upon a shipment of tools by Harvey-Whipple, the Army would send to RFC its check in payment of the shipment and RFC would then, upon application by Harvey-Whipple (indicating the intended uses of the funds) and approval by RFC (which included an investigation as to whether there had been any such adverse change in the borrower's financial condition as would indicate an inability to repay) release a portion of the funds to Harvey-Whipple, the balance being retained for interest and principal applications on the loan. The amounts to be released to Harvey-Whipple from the Army's payments were within RFC's discretion, but as a practical matter it was recognized that these funds were the only moneys available to Harvey-Whipple with which to conduct contract operations. Harvey-Whipple had no substantial funds of its own, nor could it borrow from any other sources. Consequently, RFC released the bulk of the Army's payments to Harvey-Whipple. Up to the time production ceased in 1955, RFC received over $1,000,000 from the Army for tool shipments and of such amount disbursed over $860,000 to Harvey-Whipple, or approximately 86 percent of such receipts. Thus, under this arrangement, Harvey-Whipple's receipt of loan funds was dependent upon its making shipments of completed tools to the Army. In the meantime, subcontractors and suppliers who shipped component parts to Harvey-Whipple would have to wait for payment therefor until Harvey-Whipple could assemble and ship them to the Army, the Army's check in payment therefor would issue to RFC, and RFC would make its disbursement therefrom to Harvey-Whipple, and provided, of course, such disbursement would be sufficient to pay all of Harvey-Whipple's outstanding operating obligations. Meriden had previously supplied certain parts to Harvey-Whipple in connection with its commercial heating equipment business, and after Harvey-Whipple obtained the tool contracts, Meriden agreed to manufacture and supply four important components of the intrenching tool, i. e., the blade, the pick, the socket (in which a wooden handle, to be supplied by another subcontractor, was to be inserted) and the hinge (which connected the blade to the pick and the socket, and which made the "folding" possible). Harvey-Whipple subcontracted the manufacture of all the components of the tool. It itself was to do only the assembling, painting, packing and shipping of the final product. In June 1952, Harvey-Whipple placed an order with Meriden for approximately 500,000 pick, socket, hinge, and blade units, constituting half of Harvey-Whipple's total requirements. It was Harvey-Whipple's plan at that time to obtain a second source of supply for the balance. However, after it found it was unable to obtain such a second source, Harvey-Whipple, in November 1952, placed a second order with Meriden for the balance of the four parts, which order Meriden also accepted. Meriden was a relatively small company. These orders were, for it, a large undertaking. Its plant had to be equipped for this new venture, and steel had to be purchased. However, in its attempts to obtain outside financing for these purposes, it found that, because of Harvey-Whipple's poor credit rating, the banks it approached were unwilling to lend the necessary funds merely on the strength of the prospective subcontract receipts. (The handle supplier experienced the same difficulty.) However, Meriden's president and sole stockholder, Henry H. Townshend, Jr., was a wealthy man, and bank financing for the company was finally arranged on the security of Townshend's personal guarantee. Meriden spent approximately $100,000 just to tool up for the two subcontracts. It ultimately borrowed over $200,000 to finance these subcontracts (which amount Townshend finally had to pay under his personal guarantee). After initial delays (attributable to a steel strike and Harvey-Whipple's inability to obtain approval of preproduction samples), production on the contracts commenced in February 1953. However, during this initial period, Harvey-Whipple was not able, for various reasons, to ship any substantial number of completed tools to the Army. Although part of the difficulty was due to faulty drawings and poor specifications issued by the Army, Meriden itself was at least in good part responsible for this early unsatisfactory situation. It was experiencing difficulty with its equipment for the preheating of the steel tubing out of which the sockets were produced. In addition, it found it had to make a new socket forging die, which, however, broke down after installation. Its pick-making die and equipment also broke down. It could thus ship few picks and sockets during this period, resulting in unbalanced shipments of the four parts and a bottleneck in Harvey-Whipple's assembly operations. Furthermore, there were generally poor inspection and quality control procedures in both Meriden's and Harvey-Whipple's plants, some of the steel used being defective. The upshot was that Harvey-Whipple could not make quantity shipments, and of the lots it was able to present for shipment, many were rejected. It fell far behind in the deliveries required by the contracts. Few tool shipments to the Army resulted in the receipt of insubstantial funds from the RFC, and Harvey-Whipple's indebtedness to its subcontractors, including Meriden, mounted. By August 1953, Meriden's unpaid bills totaled some $32,000. Furthermore, since Harvey-Whipple was in serious default on its Army contracts, the RFC refused to make any further loan disbursements, such default, making the contracts subject to termination, being considered an "adverse condition" seriously threatening Harvey-Whipple's financial status. In September 1953, Meriden refused to make any further parts shipments unless its past due bills were paid and assurances were forthcoming that its future invoices would be promptly paid as they became due. Meriden was aware of the RFC action. Lacking both component parts and financing, Harvey-Whipple was compelled to cease operations and contract production thus came to a halt. However, Harvey-Whipple made strong efforts to revive the contracts. It pressed its defective drawings and specifications claim against the Army and obtained a change order with $59,000 in increased compensation. It obtained extended delivery dates from the Army (the first of a series) thus curing temporarily at least, its default status and making itself again eligible to receive RFC financing. It settled its indebtedness to Meriden and urged it to resume production of parts, giving assurances that, with the resumption of RFC financing, it would be able to pay Meriden for parts shipped within two weeks, for, with the large-scale production it envisioned under the new, improved plans and specifications, it planned to assemble the components into completed tools and to ship them within a week of the receipt of the parts, and then to receive its RFC release of funds from the Army's payment check within another week. It was confident the fund releases it would receive from the RFC would be sufficient to defray Meriden's (as well as the other subcontractors' and suppliers') bills. Townshend gave serious consideration to resuming production, which necessitated his making an additional capital investment in his plant because of the new dies and tooling the revised plans and specifications would necessitate. He would be willing to proceed (and thus possibly recoup his already large capital investment) if he could satisfy himself that his bills would be paid within 14 days, as Harvey-Whipple indicated. He decided, however, to check personally with the RFC concerning the details of the loan arrangements between RFC and Harvey-Whipple, and whether Harvey-Whipple's assurances of payment of his invoices within 14 days were valid. Accordingly, on December 22, 1953, Townshend (and his attorney) went to the Boston Office of the RFC (which was handling the Harvey-Whipple account) and had a conference with the Manager, the top official of the office. It is upon this conference that much of Meriden's case is based. Although Townshend sought RFC assurances in the nature of guarantees that its bills would be paid if it resumed production, the Manager made plain that RFC's contractual relationship was only with the prime contractor, Harvey-Whipple, that no such assurances or guarantees could therefore be given by RFC to Meriden or any subcontractor, and that Meriden would have to continue to look only to Harvey-Whipple for payment of its bills. He explained the nature of the Harvey-Whipple loan arrangements, including the assignment of the contract proceeds to RFC as security. The practice that had been in effect between Harvey-Whipple, the Army, and the RFC, with RFC permitting the release of the bulk of the Army's payments to Harvey-Whipple for use as operating funds, was also discussed. Similarly, suggestions by Townshend and his attorney (reflecting, obviously, the fear that the release of RFC funds to Harvey-Whipple would not necessarily lead to payment by Harvey-Whipple to Meriden) that some kind of an escrow fund from the RFC loan moneys be established and used to pay the subcontractors was negatived by the Manager as being beyond the terms of RFC's loan agreements with Harvey-Whipple and therefore outside the Manager's authority. The Manager stated that, when and if RFC financing was resumed (Harvey-Whipple again being in contract default, there having been as yet no resumption of parts shipments by Meriden and therefore, completed tool shipments by Harvey-Whipple), it would necessarily be pursuant to the same arrangements that had been previously followed and in accordance with such loan agreements. Under such arrangement, however, he felt that, if Harvey-Whipple was able to assemble and ship completed tools within a week after receipt of Meriden's component parts, it would be possible, insofar as a time schedule was concerned, for the Boston RFC Office to receive the Army's check from the Quartermaster Depot in Chicago, where the tools were shipped, and to disburse the funds therefrom to Harvey-Whipple, all within a week, so that, if Harvey-Whipple used such funds to pay Meriden, such payment could be made within the 14-day period Harvey-Whipple had proposed. After this conference, Townshend decided to resume his subcontract production on the basis of Harvey-Whipple's 14-day credit plan and, after Harvey-Whipple was again able to work out an arrangement with the Army for a new and less onerous delivery schedule (upon the consideration of a small reduction in the contract price of the tools), thus taking it out of default and again making it eligible for RFC financing, Meriden commenced making new shipments of components in February 1954. These shipments were, of course, followed by shipments of completed tools by Harvey-Whipple to the Army. However, up to the time all production ceased almost a year and a half later, Harvey-Whipple continued to be plagued by financial and production difficulties, and, despite the resumption of RFC financing on the basis described, had constant difficulty in paying its subcontractors and suppliers. It was losing large sums on its overall operations, with its financial condition constantly worsening. Its heating equipment business continued in a serious slump. In 1952, the year it took on the tool contracts (but before any large-scale production commenced thereunder) it lost $147,000, and in 1953, it suffered another loss of over $220,000. At that time, it became insolvent. Its losses continued in 1954, its loss for the year totaling $180,000. Although, as stated, RFC financing was reestablished in February 1954, by April 1954, it again fell behind in the payments of its bills, and in that month, by a general notice issued by Harvey-Whipple, a creditors' meeting was called, a condition which was again considered an adverse change by the RFC, resulting in its again suspending the advancing of further loan funds. In addition, Meriden again suspended further shipments of components, its unpaid bills again mounting, and once more Harvey-Whipple fell into default in its contract deliveries. But again Harvey-Whipple struggled to salvage the situation. After production had resumed in February 1954, an unexpected production difficulty arose. Meriden's hot-forming method of producing sockets was proving unsatisfactory, resulting in a high rate of rejections, and seriously affecting Harvey-Whipple's ability to ship completed parts. A change in the socket production method became necessary, which would take two months to complete and during which production under the contract would have to be suspended. It became obvious that the contract rate of production, even as amended, could not be attained by Harvey-Whipple with Meriden as the sole source of its supply for the important components it was manufacturing. Again a search (unsuccessful) for a second source was instituted. In the meantime, Harvey-Whipple once more beseeched the Army for a delivery schedule extension, and was able to persuade the RFC to make some straight loan advances, although it was not making any tool shipments, so that it could pay some of its creditors and overhead expenses and thus stay alive pending Meriden's socket-method changeover, when (assuming the Army would permit the contracts to stand) production could resume. And indeed, although, in August 1954, the Army did partially terminate for default some of the contract amounts, it allowed a large balance to stand and, as to such balance, again readjusted the delivery schedule to make compliance easier. Thus production and shipments once more resumed. But still Harvey-Whipple was not able to meet its adjusted contract delivery requirements. Nevertheless for several months the Army, despite the contractor's default, allowed it to ship whatever tools it could, and the RFC (pursuant to special authorizations by its Administrator) continued to release funds from the Army's payments. However, January 15, 1955 was the final contract delivery date, and the contractor's delinquency on such date had risen to over 400,000 tools. In February 1955, the Army finally gave formal notice of its intent to terminate the contracts for default, but once again Harvey-Whipple strongly urged that it be permitted to continue. As inducement and consideration, it offered another price reduction and the withdrawal of its pending appeal with respect to the already effected partial termination. This proposal was accepted, and, in March 1955, with the execution of appropriate documents (a release by Harvey-Whipple and a supplemental agreement) a new and extended delivery schedule for the remaining tools was again worked out. However, despite the continued release of RFC funds2 to Harvey-Whipple against Army payments for tool shipments on the same basis as previously, Harvey-Whipple was not able to meet its obligations to certain of its suppliers and subcontractors (including its handle supplier and heat treater) although as of July 1, 1955, it was current with respect to Meriden's bills. Around July 1, the unpaid suppliers and subcontractors, including the heat treater, whose unpaid bills went back to March, began to press vigorously for payment. Harvey-Whipple, attributing its plight to the RFC releases of Army funds being insufficient to defray its obligations, admitted its inability to liquidate its obligations to the complaining subcontractors. During this time, Meriden made several additional shipments of parts, but on July 12, 1955, Harvey-Whipple advised it would not be able to pay the $4,794.55 balance due to Meriden resulting from such shipments, again attributing its condition to the insufficiency of the funds it was receiving from RFC. Meriden and the other subcontractors took Harvey-Whipple's statements to mean that the RFC, contrary to its past practice, had decided not to release any further funds to Harvey-Whipple, or that it had reduced such releases. Whether or not such belief was justified on the basis of what Harvey-Whipple told them, the true facts were that there had been no change in RFC's policy or practice concerning such fund releases. In June, RFC had received $58,709.30 from the Army, and released to Harvey-Whipple $50,798.53. On July 11, Harvey-Whipple made two tool shipments, and of the $34,003.46 paid therefor by the Army, RFC released to the contractor $25,267.08, but neither Meriden nor, apparently, the other subcontractors received any part thereof. The record does not indicate what Harvey-Whipple did with these funds. In any event, after Harvey-Whipple's July 12, 1955 statement to Meriden of its inability to pay its then outstanding invoices, Meriden suspended further contract operations and formally so advised Harvey-Whipple by letter of July 15. This in turn effectively crippled Harvey-Whipple's further performance of the contracts. Meanwhile, the subcontractors began complaining to the RFC about their unpaid bills and RFC's alleged withholding of funds causing such condition, but RFC denied that their plight was due to any such circumstance, and demanded an explanation from Harvey-Whipple as to the erroneous information it was seemingly giving the subcontractors. Harvey-Whipple assured RFC the subcontractors had misunderstood, and, as it promised RFC it would do, wrote to Tatem Manufacturing Company, the handle supplier (and presumably to the other subcontractors) that RFC's fund releases were "in strict accordance" with agreed procedures but that its financial plight was due to cost increases (for one thing, Meriden had, in 1954, increased the price of its components), and that "stoppage of two vital components prevented a shipment which was scheduled for July 15, and this precipitated the current strained situation." In the meantime, four subcontractors, including Meriden, conferred with the Chicago Quartermaster Depot and advised they would make no further shipments or do any further work on their subcontracts unless their past due bills were paid. The Army, considering the problem a financial one (at that time, Harvey-Whipple was not, under the amended schedule, in default on contract deliveries) referred them to RFC. The subcontractors then inquired of RFC whether, if they resumed work, RFC would give them assurances their bills would be paid, but RFC replied that it could give no such assurances and that the subcontractors and suppliers would have to continue to look to Harvey-Whipple alone for payment. Harvey-Whipple was, meanwhile, still desperately attempting to stave off the impending disaster. It had made no tool shipments since the aforementioned July 11 ones, had therefore received no RFC funds since then, and was in default on its RFC loans. Although the subcontractors had ceased production, it had on hand from prior subcontractor shipments enough components to assemble 10,000 tools. On July 26, 1955, its representatives conferred with RFC officials in Washington and stated that a shipment by it of such 10,000 tools would generate $19,430.55 in Army funds, and that RFC could clear the default by retaining $5,200. Furthermore, the release of the $14,230.55 balance to Harvey-Whipple would enable it to make at least some payments to its subcontractors and possibly induce them to resume production, which appeared to be Harvey-Whipple's last hope of salvaging the situation. The RFC officials agreed to go along with this effort to continue the life of the contracts. However, later that same day, three subcontractors, including Townshend of Meriden (who apparently were not aware of Harvey-Whipple's prior meeting with RFC or its plan to make a 10,000 tool shipment) conferred with RFC in Washington and categorically stated, as they had previously advised the Chicago Quartermaster Depot, that they had decided to make no further shipments of component parts, and to perform no further services (such as heat treating) unless their past due indebtednesses were paid in full and satisfactory arrangements, in the nature of RFC guarantees, made for the payment of their future invoices. This would mean that RFC would now, and very probably in the future, have to make further straight loan advances to Harvey-Whipple over and above those released, as in the past, from Army payments, for the total of their current indebtednesses excecded the proposed $14,230.55 release from the forthcoming 10,000 tool shipment, and, as shown, in the past such releases against shipments had not proved to be sufficient to defray Harvey-Whipple's indebtednesses to them. Since this would practically amount to a guarantee by RFC of the payment of their current and future bills, the RFC officials refused and stated that the only funds RFC would continue to make available to Harvey-Whipple would, as in the past, be a portion of the Army receipts after deducting appropriate amounts for application to the RFC loans. This was not satisfactory to the subcontractors, since such system had not resulted in the prompt payment of their invoices. They accordingly advised the RFC officials that their contract performance was definitely ended. It was thus plain that, in turn, there was no hope for the completion of the contracts by Harvey-Whipple. By letter of July 29, 1955 to the Quartermaster, Meriden confirmed that, in view of the position taken by the RFC that it "would not make available additional financing for the prime contractor, except on an invoice discounting basis" and that "the prime contractor has stated it has no other source of financing immediately available" and was "unable to pay past due invoices and cannot meet payment of invoices on our credit terms", it was suspending further shipments of component parts. (By letters of August 1, 2, and 3, to Harvey-Whipple and the Army three other subcontractors also confirmed their decisions not to resume contract performance unless their accounts were paid in full.) Since it was now clear that the arrangements made at the July 26 conference with the Harvey-Whipple officials for the 10,000 tool shipment and the release of some $14,000, all for the possible purpose of revival and completion of contract performance, were now frustrated and could not materialize, RFC, on July 29, 1955, wired Harvey-Whipple that, in view of the subcontractors' advice to both the Quartermaster and the RFC concerning their refusal to make further deliveries of components, the RFC would not follow through with such arrangements. The record does not indicate whether Harvey-Whipple received this telegram prior to its shipment of the 10,000 tools to the Army. In any event, it did make such shipment, but RFC refused to make any fund releases to it from the Army's $19,430.55 payment check, which RFC received on August 2, 1955. Instead, it applied the full proceeds thereof to Harvey-Whipple's RFC loans.3 There was, thereafter, no further contract performance by the subcontractors or Harvey-Whipple. There is still due to Meriden from Harvey-Whipple said sum of $4,794.55 for its unpaid invoices, and, when further performance ended in July 1955, Meriden had an inventory which was usable for contract performance upon which it has suffered a net loss of $12,641.04. Meriden says that the statements made by the Manager of the Boston Office of the RFC during his conference with Townshend in December 1953, constituted a representation that the major portion of the Army payments would always be released by RFC for the benefit of Harvey-Whipple's subcontractors and suppliers, and that this induced Meriden, after its long suspension, to resume production, resulting in the losses now claimed. It argues that its acting in reliance on this oral promise constituted a contract implied in fact, and that RFC's appropriation of the full amount of the Army's final check was a breach of such contract for which this court may award damages under its general jurisdiction. It further urges that even if no such legal cause of action can be spelled out, it is, on broad equitable or moral bases applicable to Congressional Reference cases (Burkhardt v. United States, 84 F.Supp. 553, 113 Ct.Cl. 658 (1949)), deserving of relief since it was Meriden's performance of its subcontract which, in the form of completed tools, inured to the Government's benefit. It contends that it was RFC's action in retaining for its own benefit the entire proceeds of the final Army payment which prevented Harvey-Whipple from completing its tool contracts, with the resultant payment to it (and the other subcontractors) of the amounts owed them, as well as the profitable consumption of its unused inventory. None of these contentions are valid. First, no contract of any kind resulted from Townshend's conference with the Manager in December 1953. As shown, the Manager made plain at that time that RFC was in no contractual relationship with Meriden or any subcontractor, and therefore rejected all attempts to obtain direct payment guarantees by RFC or to establish RFC fund escrow arrangements. He emphasized that Meriden would have to continue to look solely to Harvey-Whipple for payment. Not only does Townshend admit in his testimony that he thoroughly understood this, but his actions throughout the life of the project confirmed such understanding. As noted, whenever Harvey-Whipple fell behind in its payments to Meriden, Meriden pressed Harvey-Whipple, or suspended shipments entirely. It never made claim against the RFC. Even toward the end in July 1955, when the subcontractors, acting in concert, attempted to obtain direct RFC assurances of payment if they would resume production, RFC again refused, making plain once more that its agreement was only with Harvey-Whipple and that the subcontractors would have to continue to look solely to Harvey-Whipple for the payment of their bills. Nor was there anything in the nature of a promise that RFC would, under any and all circumstances, always and automatically make partial releases of Army tool payment funds to Harvey-Whipple. The Manager fully explained to Townshend and his attorney, and they well understood, the nature of the Harvey-Whipple — Army — RFC financial arrangements, and the governing Harvey-Whipple — RFC loan agreements. Meriden understood that the Army funds would, pursuant to Harvey-Whipple's assignment, be sent to and held by RFC (in a "cash collateral" bank account), that Harvey-Whipple would have to request the release of such funds, and that such request would have to be backed up by a showing of eligibility (i. e., it was not in default on its Army contracts and that repayment of the loan funds requested to be released was, in RFC's opinion, reasonably possible.) Indeed, Meriden had already seen in August 1953 that, when Harvey-Whipple fell into default on the contracts, RFC would not, because of such "adverse condition", make further disbursements to Harvey-Whipple. Obviously, although RFC, unlike the normal commercial lender, could take greater risks, yet it also had the ordinary lender's interest in making certain that there was a reasonable prospect that the borrower could repay the loan. Thus, RFC's refusal to advance to Harvey-Whipple any part of the Army's last check breached no understanding, promise, or "implied in fact" contract between RFC and Meriden. Nor, at the December 1953 stage of the project, was there any such strong favorable feeling by RFC toward Meriden which would impel it to make special promises or arrangements in its favor so as to "induce" Meriden's continued participation, with such "inducement" constituting the basis for a contract "implied in fact". While it was recognized, of course, that Harvey-Whipple was wholly dependent on subcontractors, and that RFC could not hope to obtain repayment of the loans already made unless Harvey-Whipple was kept alive and was able to complete its contracts, nevertheless Meriden's own performance up to then had been far from satisfactory. Indeed, much of Harvey-Whipple's poor performance during this period was attributable to Meriden. Its equipment breakdowns and other contributions to contract delays are detailed above. The Army was urging Harvey-Whipple to obtain another source of supply for the components Meriden was manufacturing. There is thus little basis for concluding that there was then any special reason for RFC's "inducing" Meriden's continued performance. Throughout the project both the Army and the RFC emphasized the need for another source, for it became obvious that, with Meriden as the principal subcontractor, Harvey-Whipple would always have extreme difficulty in meeting its contract obligations. However, although Harvey-Whipple kept giving assurances that such a second source of supply would be acquired, it never succeeded in obtaining one. Indeed, after contract production resumed in February 1954 following the long 1953 suspension, Meriden again ran into socket production trouble and had to change its entire manufacturing method (from the hot to the cold rolling process), causing a two-month cessation in the entire tool production program, and resulting in another intensive (but again unsuccessful) search for a second subcontractor source of supply. Meriden's performance hardly generates a strong case based on general equitable considerations. Nor does the record support Meriden's contention that RFC's decision not to honor Harvey-Whipple's request that funds be released from the Army's $19,430.55 payment for the July 29, 1955, 10,000 tool shipment was a contract termination device reflecting the fact that the Army no longer needed the tools and, with no regard for Harvey-Whipple's or the subcontractors' welfare, was therefore no longer interested in contract performance. On the other hand, the proof makes plain that further contract performance was made impossible not by the Army or the RFC but by the subcontractors themselves, and particularly Meriden. It was Townshend who, after being advised by Harvey-Whipple on July 12, 1955, of its inability to pay Meriden's then outstanding indebtedness, made the decision, set forth in its firm letter of July 15, 1955, and thereafter stubbornly adhered to, that it was through with Harvey-Whipple and further contract performance unless past debts were promptly cleared up and there were more certain assurances of future payments, conditions which could not then be met. No criticism of Meriden for adopting this attitude can fairly be made. This was an understandable business decision on its part. But this, together with the identical attitude thereafter adopted by the other subcontractors acting in concert with Meriden (seemingly in an attempt to force RFC's hand and cause it to pay their debts, the repayment of Harvey-Whipple's large indebtedness to RFC also being dependent upon continued contract performance by Harvey-Whipple), is, nevertheless, what finally terminated Harvey-Whipple's performance. It was only after these ultimata, issued by the subcontractors to both the Army and the RFC, that RFC reasonably concluded to cease making further loan advances. Since the purpose of the loans was to finance contract performance, and since such performance was, by the subcontractors' action clearly over, further loans to Harvey-Whipple would obviously serve no useful purpose. Indeed, the record shows a liberal and considerate attitude by both the Army and RFC throughout the project in keeping Harvey-Whipple and contract performance alive. Harvey-Whipple was constantly in default both on its contract deliveries and its RFC payments, but time and again the Army modified and extended the delivery schedule and RFC the loan maturity dates. Financing continued even though, as of December 31, 1953, Harvey-Whipple was insolvent. For long periods the Army waived huge contract defaults and permitted Harvey-Whipple to continue to make whatever shipments it could, and RFC tolerantly made further loan advances despite such contract default status, at one time even making straight loan advances without the security of contract shipments in an attempt to get Harvey-Whipple back on its feet by providing some funds with which to stave off its creditors. Had the Army or RFC wanted to effect a termination of the contracts because the tools were no longer needed or for other reasons, there were plenty of opportunities to have done so. The charge of inconsiderate treatment of Harvey-Whipple and the subcontractors by the Army and the RFC on this project is not supported by the record. Finally, although it is difficult to see how Meriden has any standing to complain about RFC's failure to make a certain loan advance pursuant to a loan agreement to which Meriden was not even a party and with respect to a tool shipment it did not even know would be made, nevertheless even if it be assumed that there was some direct obligation, legal or otherwise, running from RFC to Meriden to make the $14,230.55 advance to Harvey-Whipple with respect to the last tool shipment, there is no showing that Meriden would have received any benefit from it anyway, or if so, how much. The fact that RFC provided Harvey-Whipple with funds did not mean that Harvey-Whipple would necessarily pay over any part thereof to Meriden. Despite the impression Harvey-Whipple was apparently giving its subcontractors in July 1955 that its financial plight was due to RFC and its failure to provide sufficient financing, the fact was that RFC had in that and the previous month continued to provide Harvey-Whipple with the same type of financing against shipments that it had provided in the past. As above noted, in June 1955, RFC received approximately $59,000 from the Army and released approximately $51,000 to Harvey-Whipple, and on July 13, 1955, released another $25,200 from some $34,000 received. Thus, Harvey-Whipple received over $25,000 from RFC in July at the very time it was complaining to the subcontractors that it was not receiving RFC funds. As stated, what Harvey-Whipple did with those funds the record does not show. Suffice it to say that neither Meriden nor the other subcontractors received any of them, nor is there any more reason to believe that Meriden would have received any part of the $14,230.55 which it now contends RFC was obligated to release to Harvey-Whipple, or if so, how much. Actually, this problem existed throughout the entire project. Despite RFC financing, Harvey-Whipple was constantly under financial strain. There simply was not enough income to defray all of its debts. This may have been due to the possible unprofitableness of the Army contracts (at the very beginning the Army officials questioned the bid price, which they considered quite low), or to the huge losses it was suffering on its regular heating business, or to other reasons. The fact is that RFC financing of these particular contracts did not automatically result in payment to the subcontractors of their bills, of which Meriden was more than once well aware. Meriden's inventory claim is on even less sound footing, for some inventory on hand in July 1955 (the record does not show how much) was purchased at the very beginning of the project, and prior to any of the events of which Meriden here complains. Certainly when Meriden first decided to embark on this venture, RFC played no part in its decision. At that time Meriden must have known that it was assuming a real risk, for even then Harvey-Whipple was already in poor financial condition, a fact which, if it did not know from its past dealings with Harvey-Whipple, was forcibly brought to its attention when it attempted to obtain bank financing for the subcontracts here involved. The approximately $17,000 unpaid invoice and inventory loss for which Meriden here seeks recovery is only a small part of its total loss of around $300,000 on this project. Of course, one naturally sympathizes with its plight. However, it went into this venture as a subcontractor with full knowledge of the business risks involved and of the fact that its fate depended primarily on Harvey-Whipple's ability to complete the contracts successfully. There is no justification, legal or equitable, for its attempt here to shift any part of its losses to the Government with which it had no contractual relationship at all.4 Meriden is indebted to the Government in the sum of $813.62, the indebtedness arising out of two supply contracts between Meriden and the Department of the Army entered into on March 6, 1950 and May 26, 1950, respectively. There is no dispute between the parties as to this indebtedness and they have stipulated that judgment may be entered against Meriden for such amount, plus interest. Even though the petition is filed pursuant to a Congressional Reference, judgment may be granted on a Government counterclaim where the claim set forth in the petition is one over which the court otherwise has jurisdiction, such as one for breach of contract. Maco Warehouse Company, California v. United States, 169 F.Supp. 494, 144 Ct.Cl. 538 (1959). Here the court could, under its general jurisdiction, consider Meriden's claim that a contract implied in fact existed between it and the Government and that RFC's action constituted a breach thereof. See Padbloc Co., Inc. v. United States, 161 Ct.Cl. 369 (1963); Grace Line, Inc. v. United States, 155 Ct.Cl. 482 (1961). Accordingly, judgment should be entered against Meriden Industries Company in the sum of $813.62, plus interest at six percent from December 30, 1958, the date of the filing of the counterclaim herein. The opinion, findings of fact, and recommended conclusion of law are submitted under the order of reference and Rule 57 (a) The court found in Harvey-Whipple's case (findings 127-128) that the record did not sustain Harvey-Whipple's contention that its financial plight when it suspended operations in 1955 was due in any substantial or measurable amount to alleged breaches of contract by the Government By that time the Defense Lending Division of the Treasury Department had succeeded the RFC. However, the agency will be referred to herein throughout as the RFC After subsequently applying amounts collected as a result of foreclosure proceedings, there was still due the RFC $156,578.03 on account of its loans to Harvey-Whipple Meriden's existence as a Connecticut corporation was terminated in 1953. Thereafter, the business was conducted by Toy Metal Mfg. Company, another Connecticut corporation whose stock was also wholly owned by Townshend. However, Toy Metal continued to carry on under Meriden's name, duly executing and filing the required Trade Name Certificate certifying that it was conducting business under the trade name of Meriden Industries Company. The relief bill introduced in the House of Representatives was for the benefit of Meriden. However, on October 31, 1957, prior to the time the House of Representatives, by Resolution, referred the relief bill to this court for a report, Toy Metal too was dissolved The petition filed herein on October 20, 1958, on behalf of Meriden recites that "The plaintiff is a corporation organized under the laws of the State of Connecticut and at the time of the filing of this petition and all times mentioned herein maintained and maintains its principal office in the Town of Hamden, County of New Haven and State of Connecticut." The Government says that the claim herein should not even be considered on the merits because the allegations in the petition (and the similar statements made to the Congress) are false, that there no longer is a "Meriden" entity, that even its successor corporation, Toy Metal, no longer exists, and that there is no proper claimant at all before Congress or this court. However, while the allegations of the petition are not technically correct, nevertheless, in view of Toy Metal's carrying on of the business in Meriden's trade name, the lawfulness of which defendant does not challenge, and the fact that the laws of the State of Connecticut both at the time the petition was filed (Conn. Gen.Stat., § 33-7) and now (§ 33-378(e)) permit dissolved corporations to continue their existence for the purpose of collecting any assets to which they may be entitled, defendant's contention lacks merit. In fact, the claim is for the benefit of Townshend, who was the sole stockholder of both Meriden and Toy Metal.
982 F.2d 82 142 L.R.R.M. (BNA) 2282, 124 Lab.Cas. P 10,498, 16 Employee Benefits Cas. 1279 ALBRADCO, INC. and Elias Strum, Appellants, Gus BEVONA, as President of 32B-32J Service Employees International Union, AFL-CIO, and as Trustee of the Building Service 32B-J Health Fund and the Building Service 32B-J Pension Fund; 32B-32J Service Employees International Union, AFL-CIO; Building Service 32B-J Health Fund; Building Service 32B-J Pension Fund, Appellees. No. 373, Docket 92-7616. United States Court of Appeals, Argued Nov. 4, 1992. Decided Dec. 21, 1992. Steven Mallis, New York City (Nancy Sills, Barbara J. Romaine, and Graubard Mollen Horowitz Pomeranz & Shapiro, on the brief), for appellants. Joseph Ferraro, New York City (Barry N. Saltzman, Eve I. Klein, Joshua A. Adler, and Shea & Gould, on the brief), for appellees. Before: TIMBERS, VAN GRAAFEILAND, and McLAUGHLIN, Circuit Judges. TIMBERS, Circuit Judge: Albradco, Inc. and Elias Strum appeal from a judgment entered in the Southern District of New York, Peter K. Leisure, District Judge, 788 F.Supp. 786, dismissing their action for declaratory judgment. The court held that asserting a defense which claims that the Employee Retirement Income Security Act of 1974 (ERISA) preempts a state court action is insufficient to create subject matter jurisdiction in a declaratory judgment action in which the declaratory judgment plaintiff is not an enumerated plaintiff under ERISA § 502(a), 29 U.S.C. § 1132(a) (1988). The court further held that the Labor Management Relations Act (LMRA) does not preempt N.Y.B.C.L. § 630. On appeal, appellants contend that the district court misconstrued applicable Supreme Court authority and the federal nature of their claim; erred in dismissing their claim for lack of subject matter jurisdiction; and erred in determining that LMRA § 301(a) did not preempt N.Y.B.C.L. § 630. We reject all of appellants' claims on appeal. We affirm the judgment dismissing the action for lack of subject matter jurisdiction. We summarize only those facts and prior proceedings believed necessary to an understanding of the issues raised on appeal. Appellant Albradco, Inc. (Albradco) is a New York corporation and the sole shareholder of Bradley Cleaning Contractors, Inc. (Bradley), a New York corporation which has filed for protection under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 701 et seq. (1988). Appellant Strum is a principal shareholder of Albradco and a former president of Bradley. At the times relevant to this action, Bradley was a party to two collective bargaining agreements (CBAs) with appellee Local 32B-32J Service Employees International Union (the Union). The CBAs set forth wage rates and required Bradley to make contributions to the funds which provided pension and health benefits and are governed by ERISA § 514(a), 29 U.S.C. § 1144(a) (1988). In 1982, a dispute arose between Bradley and the Union over Bradley's operation of two other companies, Electric Savings Corp. (Electric) and Commerce Office Cleaning Corp. (Commerce), which did not contribute to the funds. Two arbitration proceedings, one in 1984 and one in 1987, ensued. It was determined that these companies actually were "alter egos" of Bradley and as such also were required to make contributions. The 1984 arbitration proceeding directed Bradley to pay $1,227,134 in wages and $549,766 in pension and health benefits to employees of Electric and Commerce. The 1987 proceeding directed Bradley to pay an additional $1,267,246.15 in wages and $379,401.51 in fund contributions to the Union. The awards were confirmed by orders entered May 2, 1984 and April 22, 1988 in the Southern District of New York, Leonard B. Sand, District Judge. These awards forced Bradley on May 16, 1984 to file for bankruptcy under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101 et seq. (1988). On December 2, 1986, the bankruptcy case was converted to a liquidation under Chapter 7 of the Bankruptcy Code. Appellants were not parties to either arbitration proceeding. In order to recover the arbitration awards, appellee Gus Bevona, president of the Union, in January 1986 commenced an action in the New York Supreme Court, New York County, against appellants Albradco and Strum as the two largest shareholders of Bradley. This action was brought pursuant to N.Y.B.C.L. § 630, which provides that the ten largest shareholders of close corporations "shall jointly and severally be personally liable for all debts, wages or salaries due and owing" to employees. N.Y.B.C.L. § 630(a). This includes "employer contributions ... of insurance or welfare benefits [and] employer contributions to pension or annuity funds." N.Y.B.C.L. § 630(b). Albradco and Strum contested the state court action on both procedural and substantive grounds, including failure to state a claim and failure to join necessary parties. Both the New York Supreme Court and the Appellate Division found these challenges to be without merit. After exhausting their state court remedies, Albradco and Strum, in December 1990, commenced the instant declaratory judgment action in the federal court seeking a declaration that the proceedings in the state court action under N.Y.B.C.L. § 630 were preempted by ERISA. Both parties, after commencement of the federal court action, cross-moved for summary judgment on the preemption issue. Appellants then amended their complaint to include the additional allegation that the Union's claims under § 630 also are preempted by LMRA § 301, 29 U.S.C. § 185(a) (1988). In the proceeding below, Judge Leisure dismissed the complaints of both Albradco and Strum. He concluded that the court did not have subject matter jurisdiction over either claim. We agree. Judge Leisure held that, although the ERISA preemption claim might have merit if appellants had pursued a different procedural course, such as removal for jurisdictional purposes, the existence of an ERISA preemption defense is not enough to convert an action into a federal question declaratory judgment action. Under the complete preemption doctrine as applied to ERISA, there will be federal jurisdiction in a declaratory judgment action only if ERISA preempts state law and the declaratory judgment plaintiff has a right of action within the scope of the civil enforcement provisions of ERISA § 502(a). On appeal, appellants claim that the second requirement misconstrues applicable Supreme Court and Second Circuit authority. We disagree. Judge Leisure further held that the court did not have subject matter jurisdiction over the LMRA claim, since such a claim must be based on rights founded in collective bargaining agreements. In the instant action, however, the CBAs already have been arbitrated. The state court action was commenced under N.Y.B.C.L. § 630 for payments already adjudged to be due and owing. On appeal, appellants contend that, since the CBAs would require further analysis in the state court action and the LMRA completely preempts state law, the district court erred in dismissing this claim. We disagree. (A) Subject Matter Jurisdiction over ERISA Preemption Claim For a federal district court to have original jurisdiction in a non-diversity case, there must be a federal question "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331 (1988 & Supp.1992). We recently affirmed the long standing principle that "the Declaratory Judgment Act, 28 U.S.C. § 2201, does not expand the jurisdiction of the federal courts." Cable Television Ass'n of N.Y., Inc. v. Finneran, 954 F.2d 91, 94 (2 Cir.1992); see also Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 878-79, 94 L.Ed. 1194 (1950). A declaratory judgment plaintiff must have an independent basis for federal jurisdiction. Appellants' brief cites substantial authority for the proposition that ERISA preempts state law legislation that regulates or even relates to employee benefit plans. Indeed, Supreme Court precedent may well have established that ERISA preemption is broad and the intent of the legislation was to create a statute which gives exclusive federal authority to the regulation of employee benefit plans. Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990). This issue, however, cannot be determined in the instant case. Instead, we are limited on appeal to determining whether the federal court has subject matter jurisdiction over appellants' claim for a declaratory judgment. Although the preemption claim may be strong, in order to assert a claim in the federal court, appellants first must establish subject matter jurisdiction. Here, the court properly held that appellants did not meet this threshold requirement. Relying on Franchise Tax Board v. Construction Laborers Vacation Trust for Southern California, 463 U.S. 1 (1983), appellants urge us to examine the declaratory defendants' claims in determining whether the declaratory judgment action presents a federal question. This is, of course, the procedure required by application of the well-pleaded complaint rule to declaratory judgment actions. See Cable Television Ass'n v. Finneran, 954 F.2d 91, 94 (2d Cir.1992). This general rule is of no avail to appellants, however, because we read Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58 (1987), to permit ERISA suits, including declaratory judgment actions, only by plaintiffs specified in ERISA § 502(a), and the appellants do not qualify. More importantly, however, Franchise Tax Board did not involve the interface of the well-pleaded complaint rule and the complete preemption exception thereto, and, therefore, is not controlling. The Supreme Court first applied the complete preemption doctrine to ERISA in Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58 (1987); see also Avco Corp. v. Aero Lodge 735, 390 U.S. 557 (1968). There, the Supreme Court stated a corollary to the well-pleaded complaint rule which requires that the federal question be presented on the face of the complaint, and not merely raised as a defense. The Court's corollary states that "Congress may so completely pre-empt a particular area that any civil complaint raising this select group of claims is necessarily federal in character." Metropolitan Life, supra, 481 U.S. at 63-64., 107 S.Ct. at 1546. The Court went on to name the ERISA statute as an area which would fall under the complete preemption doctrine. There are crucial facts in Metropolitan Life, however, which make the complete preemption doctrine inapplicable to the instant case. First, Metropolitan Life was a removal case. Moreover, the Court found it necessary to state that: "Congress has clearly manifested an intent to make causes of action within the scope of the civil enforcement provisions of § 502(a) removable to federal court. Since we have found [this] cause of action to be within the scope of § 502(a), we must honor that intent whether preemption was obvious or not at the time this suit was filed." Metropolitan Life, supra, 481 U.S. at 66, 107 S.Ct. at 1548 (emphasis added). The Court based its holding on the fact that the plaintiffs in the federal court action were within the scope of § 502(a). In the instant case, although the same would be true if appellants had sought removal, the procedure they chose makes them the plaintiffs in the federal action. They are not enumerated plaintiffs under § 502(a). If appellants believed that the Union chose the wrong forum when they commenced their action, the proper procedural course would have been removal. If, as Judge Leisure suggested, this had been the procedural course pursued, the court would have gone beyond the threshold jurisdictional issue and examined the merits of the preemption claim. Albradco, Inc. v. Bevona, 788 F.Supp. 786, 792 (S.D.N.Y.1992). It was stated at oral argument before us that this issue may not even be litigated in the state court because an earlier New York Court of Appeals case held that N.Y.B.C.L. § 630 was not preempted by another ERISA section. The state court is thus bound by that decision of New York's highest court. Sasso v. Vachris, 66 N.Y.2d 28, 494 N.Y.S.2d 856, 484 N.E.2d 1359 (1985). This unfortunate outcome, however, does not change the fact that a federal court cannot hear cases over which it does not have jurisdiction. Since the issue at hand is a declaratory judgment claim, it must have a federal jurisdictional basis of its own. If the well-pleaded complaint rule would otherwise preclude a federal court from exercising jurisdiction, the declaratory judgment action may nevertheless be brought in federal court if the declaratory plaintiff claims ERISA preemption and both he and the plaintiffs in the suit that the declaratory judgment action anticipates are persons enumerated in ERISA § 502(a), which lists the class of persons who can commence an action under ERISA. Franchise Tax Board, supra, 463 U.S. at 27, 103 S.Ct. at 2855 ("ERISA carefully enumerates the parties entitled to seek relief under § 502; it does not provide anyone other than participants, beneficiaries, or fiduciaries with an express cause of action for a declaratory judgment on the issues in this case."); Metropolitan Life, supra, 481 U.S. at 64., 107 S.Ct. at 1546-47. Appellants here are shareholders. They are not among the enumerated parties. They could not originally have commenced an action under ERISA in the federal court. Appellants therefore cannot now claim that the court had subject matter jurisdiction. If appellants' claim had been for removal, then it would make sense to look to the declaratory defendant's claim, since that party was the plaintiff in the original action and would be the plaintiff in the federal action once the case was removed. Had that course been pursued, the Union, as plan beneficiaries, would have become federal plaintiffs and would be qualified plaintiffs under § 502(a). Appellants' reliance on Stone & Webster Eng'g Corp. v. Ilsley, 690 F.2d 323 (2d Cir.1982), aff'd sub nom. Arcudi v. Stone & Webster Eng'g Corp., 463 U.S. 1220 (1983), is similarly misplaced. Jurisdiction was proper in Stone & Webster because "the declaratory claim asserted [was] not merely a defense, but affirmative and coercive relief [was] sought by way of an injunction" against state officials (in addition to private parties) to restrain them from enforcing an allegedly unconstitutional statute. Id. at 327-28 (citing Ex parte Young, 209 U.S. 123, 160 (1908) (federal courts have jurisdiction to enjoin state officials from violating federal law)). Thus, there was an independent basis of federal jurisdiction over Stone & Webster's declaratory judgment action. That Albradco and Strum (like Stone & Webster) requested declaratory and injunctive relief is of no moment. See Smith v. Lehman, 689 F.2d 342, 344 n. 5 (2d Cir.1982), cert. denied, 459 U.S.1171 (1983). It is the nature of the requested injunctive relief and the identity of the parties against whom such relief is sought that is critical. As the Supreme Court explained in a case decided the same day as Franchise Tax Board: It is beyond dispute that federal courts have jurisdiction over suits to enjoin state officials from interfering with federal rights.... A plaintiff who seeks injunctive relief from state regulation, on the ground that such regulation is pre-empted by a federal statute which, by virtue of the Supremacy Clause of the Constitution, must prevail, thus presents a federal question which the federal courts have jurisdiction under 28 U.S.C. § 1331 to resolve.... This Court, of course, frequently has resolved pre-emption disputes in a similar jurisdictional posture. Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96 n.14 (1983) (citing Ex parte Young, 209 U.S. at 160-162); see also Aetna Life Ins. Co. v. Borges, 869 F.2d 142, 143-44 (2d Cir.1989). Because Albradco and Strum have not sued state officials to enjoin them from enforcing an unconstitutional state law, this case is distinguishable from Shaw and Stone & Webster. At oral argument before us, appellants also cited a recent opinion of our Court which addressed the issue of whether a federal court should retain a declaratory judgment action. Continental Casualty Co. v. Coastal Savings Bank, No. 92-7244, slip op. 7409, 977 F.2d 734 (2 Cir. Oct. 23, 1992). There, we held that a federal court could entertain an action for declaratory relief, even if the action could have been commenced in a state court. Appellants, however, ignore the fact that neither the district court nor we are dismissing the instant action because it could be litigated in a state court. Indeed, as stated above, it is a troubling outcome that in dismissing this action the important issues raised may not be litigated at all. Continental Casualty does restate the proposition that a court must entertain a declaratory judgment action if it would be useful in clarifying and settling legal relations in the case, or if it would terminate the uncertainty, insecurity, and controversy that brought about the proceeding. Broadview Chem. Corp. v. Loctite Corp., 417 F.2d 998, 1001 (2 Cir.1969), cert. denied, 397 U.S. 1064, 90 S.Ct. 1502, 25 L.Ed.2d 686 (1970). We do not disagree with that proposition. Nevertheless, this does not relieve us from requiring subject matter jurisdiction, a critical element in a declaratory judgment action. That element simply does not exist here. (B) Subject Matter Jurisdiction over LMRA § 301 Preemption Claim The Supreme Court has held that the preemptive force of LMRA § 301, 29 U.S.C. § 185(a) (1988), is so powerful that it displaces any state law claims asserted for the violation of a contract between an employer and a labor organization--such as the Union. Franchise Tax Board, supra, 463 U.S. at 23., 103 S.Ct. at 2853. The Court subsequently has refined its position, holding that "[s]ection 301 governs claims founded directly on rights created by collective-bargaining agreements, and also claims 'substantially dependent on analysis of a collective-bargaining agreement.' " Caterpillar, Inc. v. Williams, 482 U.S. 386, 394, 107 S.Ct. 2425, 2430-31, 96 L.Ed.2d 318 (1987) (quoting Electrical Workers v. Hechler, 481 U.S. 851, 859 n. 3, 107 S.Ct. 2161, 2167 n. 3, 95 L.Ed.2d 791 (1987)). If there is a state law remedy for a right which is independent of the CBA, therefore, and resolution of the state law claim does not require an interpretation of the CBA, then the state law action is not preempted. Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 407, 108 S.Ct. 1877, 1882, 100 L.Ed.2d 410 (1988). N.Y.B.C.L. § 630 liability extends to "all debts [and] wages ... due and owing" employees. In order therefore to commence an action under this section, there must already have been an adjudication of this amount. Here, that judgment and the rights created by the CBAs were determined by the arbitration proceedings which were confirmed in a United States District Court. Further, the N.Y.B.C.L. § 630 claim is not "substantially dependent" on an analysis of the CBAs. As stated clearly in Lingle, "[A] state law claim may depend for its resolution upon both the interpretation of a collective-bargaining agreement and a separate state-law analysis that does not turn on the agreement. In such a case, federal law would govern the interpretation of the agreement, but the separate state-law analysis would not be thereby preempted." Lingle, supra, 486 U.S. at 413 n. 12., 108 S.Ct. at 1885 n. 12. N.Y.B.C.L. § 630 is a remedy for employees of a close corporation who are seeking to recover an amount the corporation previously was obligated to pay--not an amount that a court would have to determine in the course of a § 630 action. Thus, the state court in this action must follow the determination already made by the arbitrators and will not be required to interpret the CBAs. The state law claim is not "substantially dependent on analysis of a collective-bargaining agreement," and therefore is not preempted. Electrical Workers, supra, 481 U.S. at 859., 107 S.Ct. at 2167. The district court properly held that the shareholders lacked subject matter jurisdiction with respect to their claim for a declaratory judgment that the Union's state law claims were preempted by ERISA, and that the Union's claim under N.Y.B.C.L. § 630 is not preempted by LMRA § 301.
Deploying modjy web applications¶ - Deploying modjy web applications - Choosing a J2EE container - The steps required to install and configure modjy web applications - Installing the modjy servlet - Placing the jython.jar file - Configuring modjy - Testing that modjy is running. - Deployment with WAR files. - Serving all requests to a container with modjy. - Changing the uri space served by modjy - Serving an entire uri space with modjy Choosing a J2EE container¶ In order to run modjy, you will need to have a J2EE-compliant servlet container. There are dozens of such competing containers on the market, both commercial and non-commercial, both open-source and closed-source. You can find a current and comprehensive list of them here: Wikipedia: List of servlet containers. If you are already using a particular servlet container, then you've probably chosen it for good reasons, and are unlikely to change it. Since modjy was written to the J2EE standard, you should be able to run modjy without modification, and the below documentation should be sufficient to help you configure it. But you will need to know the in-and-outs of how to configure your container for modjy: I'm not going to include installation instructions for every container here. If you are picking a servlet container for the sole purpose of running modjy, then I recommend that you use Apache Tomcat 6, for the following reasons - Because all of the modjy documentation examples relate to it - Because it is one of the simplest containers to get up and running - Because it is one of the most stable, most configurable, well supported and well documented containers there is. So if you don't yet have a running J2EE servlet container, I recommend that you download the latest version of Tomcat 6, install it and get it running now, before proceeding. The steps required to install and configure modjy web applications¶ From here, I will assume that you already have a J2EE container up and running. You should be satisfied that your container is fully operational, i.e. by using some container-specific test mechanism, before attempting to install modjy. You should also have jython installed and operational on your target system. The following are the steps that you will need to follow, in order: each is explained in detail below. - Install the modjy demo web application, including it's web.xml configuration file. - Place the jython.jar file - Set the values of modjy configuration parameters - Test that modjy is running - Optionally configure modjy to service all requests to the container(not just requests for a subset of the URI space). Installing the modjy servlet¶ It should be easy to install modjy as a web application. Simply take a copy of the modjy_webapp directory in the Demo subdirectory of the jython distribution, and drop it in the location where your container expects to find web applications. The default installation of Apache Tomcat 6 has a subdirectory called webapps. If you're running Tomcat 6, simply drop the modjy_webapp directory in there, (maybe) restart your container, and you should be up-and-running. If you're using a different J2EE container, or a non-default installation of Tomcat, you'll need to read your container documentation to find out where web applications should live. The modjy_webapp directory contains the following files and directories \|WEB-INF\|\|This standard J2EE directory contains the support resources required for a web application.\| \|WEB-INF/web.xml\|\|This file contains configuration for this instance of the modjy servlet. The J2EE servlet <init-param> parameters are used to control the operation of modjy. Setting configuration parameters is described below. The configuration parameters which can be set are described in a separate document: modjy configuration.\| \|WEB-INF/lib\|\|This is the standard J2EE directory where servlet support jars, etc, should be placed. In the simple case, this is where the jython.jar file should go. See below under Placing the jython.jar file for more details.\| \|WEB-INF/lib-python\|\|This directory is treated specially by modjy. Firstly, lib-python is added to sys.path, which means that any python libraries you wish to use can be dropped in here, and they will automatically become available to your code. Secondly, the directory is searched for python .pth files. These files are simple text files, each line of which is added directly to sys.path. So if you want to use .jar files, .zip files or .egg files containing python code, you should create a text file, whose name ends with .pth, listing each of those files, one per line, and place the file in the lib-python directory. All files in the lib-python directory whose names end with .pth are scanned.\| Placing the jython.jar file¶ The java .class file for the the modjy servlet (com.xhaus.modjy.ModjyJServlet.class) is contained in the jython.jar file, so you must place the jython.jar file in the servlet container hierarchy so that it is available when the modjy servlet class is being loaded. Standard J2EE classloading behaviour when looking for support resources is to look first inside the WEB-INF/lib directory for a web application. So if you're just running a single instance of the modjy servlet, you can place the jython.jar file in there, and read no further in this section. If you're running more than one instance of the servlet, you have a choice of what to do. - Place multiple copies of jython.jar, one in the WEB-INF/lib directory of each instance. - Place a single copy of jython.jar in a place where all instances of the modjy web applications can find it. Picking the right place requires knowing how the classloader hierarchy of your container works, so you may need to do some reading. On the standard Tomcat 6 installation, there is a directory called lib, which is shared between all web applications, so you could put it there. More information available in the Tomcat 6 documentation on classloading If you neglect to make jython.jar available to the modjy servlet, or put it in the wrong place, then you will get messages like this in your error log: java.lang.NoClassDefFoundError: com/xhaus/modjy/ModjyJServlet. Configuring modjy is done inside the <servlet> elements in web.xml files. You have to define a name for the servlet, and the name of the class that implements it. So the beginning of your servlet declaration for modjy will look something like this <servlet> <servlet-name>modjy</servlet-name> <servlet-class>com.xhaus.modjy.ModjyJServlet</servlet-class> <!-- Parameters omitted --> <load-on-startup>1</load-on-startup> </servlet> After this is a series of initialization parameters, given as name/value pairs. These parameters control the operation of modjy, for example logging, caching, threading, etc, behaviour. All of those parameters, what they mean, and their permitted and default values, are described in a separate document: the modjy configuration reference. There is only a single parameter that is always required: the python.home property, which gives the home directory of the local jython installation. Without knowing this value, modjy cannot operate, so this is the first thing you should check if things aren't working. Specifying python.home permits jython to locate its registry file, its cache of pre-compiled packages, etc, etc. For more information on the effects of setting python.home, see the The Jython Registry documentation. There is one final web.xml configuration value which needs to be specified: the servlet-mapping. This maps an URL pattern to the servlet declared above. Inside the web.xml file, you will need a fragment like this <servlet-mapping> <servlet-name>modjy</servlet-name> <url-pattern>/</url-pattern> </servlet-mapping> Testing that modjy is running.¶ First off, be sure that your container is running. Assuming that you're using the out-of-the-box configuration, and that you're running your container on port 8080 on localhost, then resolving the following URL should render proof that modjy is indeed running. The returned page should show some version details for jython, and the JVM version in which it is running. It will also display a table showing the contents of the WSGI environment, as seen by all WSGI applications running under modjy. Deployment with WAR files.¶ WAR files are a single file archive format which allows you to package all of the support files for a java we application into a single archive. Generating a WAR file is described on the page modjy WAR packaging. Serving all requests to a container with modjy.¶ Changing the uri space served by modjy¶ If you successfully installed the modjy servlet according to the instructions above, using the suggested name modjy_webapp, then you will find that modjy will be used by the container to service all requests which look like this: /modjy_webapp/. However, you probably don't want to use URIs like that. If you want modjy to serve requests for a different uri subset, simply rename the web application directory to something else: e.g. my_app_uri, in which case your uris will look like /my_app_uri/, etc. Serving an entire uri space with modjy¶ You can also use modjy to serve all URIs in a container: See Serving an entire URI space with modjy for details.
In Hong Kong, seats in cinemas are divided into sections depending on how close they are to the screen and how comfortable the seats are. As expected, better seats command higher ticket prices. Very often, the better seats are sold out when there are still cheaper seats left. And ticket scalping of better seats is quite common. Why don't cinema operators charge higher prices for the better seats and capture the consumer surplus themselves? Are better seats under-priced? One very important consideration in determining the prices for different seats is the enforcement costs of seat rights. When the prices for better seats are increased, some of the better seats may become vacant. Knowing this, customers who otherwise would buy tickets to the better seats might decide to buy cheaper seats instead and move to the better seats once the movie starts – a sight not uncommon to many of us! This opportunity for switching seats would lead to more of better seats left unsold than the simple operation of the price elasticity of demand would indicate. In such cases, the goal for the cinema operator being wealth maximization, the least costly method of enforcing seat rights is to make sure that the better seats are fully, or almost fully, sold so that the mere presence of seated customers wards off prospective seat switchers. This goal can be achieved by reducing the price of the better seats, thus leading to “underpricing.” Another way to reduce seat switching is to decrease the number of higher priced seats by simply moving the dividing line between the better seats and the inferior ones. Generally a combination of the two is implemented, so that the better seats have a greater tendency to be sold out, generating the impression that they are underpriced. The tradeoff between greater volume and higher price will ultimately depend on the popularity of the movie. If the cinema operator anticipates poor attendance, he may find underpricing (and/or decreasing the number of higher priced seats) the easier and less expensive way to ensure that the better seats are filled up, rather than erecting barriers or conducting routine checks to keep people from cheating. On the other hand, if the cinema operator expects a popular movie to attract a large audience, he may, to maximize revenue, hike the prices of all seats, or even decrease the number of low priced seats by simply drawing the dividing line forward. - Cheung, N.S. "Why Are Better Seats Underpriced?"Economic Inquiry. Vol. 15, October 1977.
There is no doubt about Mary Shelley´s The Last Man being one of the most politically charged works in the Romantic period. However, traditional criticism has pictured Shelley as a mere observant and supporter of her husband P.B. Shelley and his career as one of the most representative Romantic poets. As a result, the main critical visions on this novel have been based on biographical readings of the novel, narrowing down a wide range of political interpretations to a less than satisfactory ¨roman a clef¨ definition. My aim in the first part of my research project is not only to validate Shelley’s political agenda in “The Last Man”, but also to try to understand the reasons behind her undermining of most political ideologies present in her time, a fact represented by the death of almost all main characters in her novel. By narrating the slow extinction of the race, Shelley hardly conceals her skepticism towards the failure of Romantic political ideas. In the second part of my research, I will extrapolate my conclusions to a different novel, ¨El mecanoscrit del segon origen¨ a Catalan post-apocalyptic novel written in 1974 by Manuel de Pedrolo. The objective of this case study is to try to capture the essence of the last man motif, focusing on deconstruction of political ideologies as a possible inherent characteristic of this figure. My choice of Pedrolo as the second author in this study is justified with the key moment in Spanish history in which the novel was written, at the very beginning of the country’s transition to democracy, and the controversial critical neglect of this important Catalan literary figure.
I am filled with a tremendous rage. Like a twister ready to set down on earth. It has always been inside of me. I was born into rage. My parents wished to do well by me and honestly tried as much as a drug addict and prisoner could. My brother, the great hope of our clan, saw his ship stay out at sea. On board were his dreams, forever in the horizon. Mocking him, as the sails blew brilliantly in the wind. My grandfather, the man whose hands could break earth, fell to cancer in my formative years. Finally parting this wretched place. As I sat on the many porches of my youth I saw a world that would rather me dead. I saw my brothers and sisters tamed and beaten into submission by armed men occupying our communities under the banners of “protect and serve.” I saw the decay of the buildings we were sent to get socialized in and I was filled with a paralyzing fear as I, the one who was elevated and chosen as the model student, was confronted with the reality that I too was a nigger in the eyes of the State. I saw the disgust in the eyes of my peers as I ascended and the satisfaction as I fell. And rightly so. I am Black and it was lies, bourgeois culture and desperation that made me think otherwise. I looked out upon a world that hated us and made us hate one another. I would soon find there was no quarter for people like me. My first boyfriend, try as he might, could not love me in the same way he could a womyn. No same gender loving Black men are allowed to express what he felt. We are kept in line with the Bible, the fist, and the gun. We were told loud and clear one night when the television flashed headlines of a gay man found stabbed, shot and sodomized with broken glass. There is no place for us . . . That is why I began making art. I learned very early on that if I did not write, if I did not create, that I would be crushed by the paralyzing circumstances of my youth. I create to get out and to help others get out. Together we get out of these boxes. One day I wish all the darkness in me to part and for enough sun to fuel three summers. I wish no more winter in my bones.
of Alpha Kappa Alpha Hedgeman Lyle - Founder and "guiding light" of Alpha Kappa Alpha Sorority, Inc. whose purpose was to promote scholarship, sisterhood, and service among Black college women. Jane Addams - Founder of Hull House, Chicago, Illinois. Marian Anderson - The first Black woman to sing at the Maya Angelou - Renowned novelist and poet. Gwendolyn Calvert Baker, PhD. - President of the United States Committee for UNICEF. Angie Brookes - The first woman President of the United Yvonne Braithwaite-Burke - Former Congresswoman from California and first woman to chair the Democratic National Bebe Moore Campbell - Author of Brothers and Sisters and Your Blues Aint Like Mine. Suzette Charles - Miss America, 1984. Marva Collins - Founder of her own private school in Chicago's west side. Sharon Pratt Kelly - The first woman to serve as mayor of Ella Fitzgerald - Internationally famous jazz singer. Bettiann Gueno Gardner - Co-Chairman of Soft Sheen Zina Garrsion - Tennis Star. Gwendolyn Goldsby Grant - Advice Columnist for Essence. Dr. Marilyn Hughes-Gatson - Assistant Surgeon General. Shirlee Tailor Haizlip - Author of The Sweeter The Juice. Janice Huff - NBC Meteorologist and St. Louis Emmy Award Dr. Mae Jemison - The first Black woman astronaut. Coretta Scott King - Director of the Martin Luther King, Jr. Center for Social Change and Civil Rights Activism. Jewell Jackson McCabe - President of the National Coalition of 100 Black Women. Lt. Col. Anita McMiller - Deputy Legislative Assistant to Chairman of Joint Chiefs of Staff. Toni Morrison - Nobel prize winning novelist and poet. Jomarie Payton Noble - Humanitarian and actress; star of Hazel O'Leary - United States Secretary for the Department of Energy. Rosa Parks - Mother of the Civil Rights Movement. Jada Pinkett - Actress whose movies include; The Nutty Professor, Set It Off, and Menace to Society. Phylicia Rashad - Actress on the award-winning Cosby Show and the tv series Cosby. Eleanor Roosevelt - Humanitarian and former First Lady of the United States. Sonia Sanchez - Noted author and poet. Ntozake Shange - Author of "for colored girls who have considered suicide/when the rainbow is enuf". C. Delores Tucker - National Chairman of the National Political Congress of Black Women. Dr. Debbye Turner - Humanitarian and Miss America, 1990. Leah Tutu - Wife of South African activist Bishop Desmond Marjorie Judith Vincent - Miss America, 1991. Diane Watson - The first Black woman to preside over the California State Senate. Faye Wattleton - The first woman to head the Planned Parenthood Federation of America. Lynn Whitfield - Humanitarian and actress; star of The Josephine Baker Story. This site was last updated
WordPress keeps improving the code behind the theme used in Org Prep Daily and the upgrades happen without warning. The old tiresome bugs (around which I found a way already) get swapped for fresh and exciting new ones. And suddenly pictures get corrupted at random or would not load at all, and for some reason the ones affected most often are the gif files of chemical structures generated from ChemDraw. Lately the theme has been (on its own) adding incorrect size-formatting parameters to pasted pictures, which then made many reaction schemes and structures to appear completely FUBAR – as giant jagged thumbnails in negative. I already corrected some of it by hand, one post at time – dammit – but there can be more surprises of the same kind in the future. Please let me know about the broken pictures, dysfunctional links or spam-comments (please mention the original post date and the browser which you are using) and I will try to correct the problem ASAP. Thank you for your help.
NPVU - Data Archive Welcome to NPVU Data Archive Check the NPVU Log for information on missing data. Quantitative Precipitation Estimates Quantitative Precipitation Forecasts Due to the termination of the NPVU program Offline archive data requests are no longer able to be processed. Email Ed French if you have any questions.

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