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__label__wiki	0.716019	0.716019	Enough is Enough – The Edge Review Photo: Sunset over Bhamo, southern Kachin State (Alex Bookbinder). As fighting in northern Myanmar enters its third year, calls for an end to hostilities Three years ago this week, a small group of soldiers from the Myanmar army crossed into territory controlled by the insurgent Kachin Independence Army (KIA), uninvited and unannounced. The incursion marked the beginning of the end of a tenuous peace in Kachin State, the mountainous frontier where northern Myanmar meets India and China. A 17-year ceasefire between the KIA and the government broke down almost immediately, and fighting has continued since then. Over the past nine months, the violence has been focused in the southern part of the state and northern parts of neighbouring Shan State, where the army has zealously challenged the KIA and its close ally, the Ta’ang National Liberation Army (TNLA). More than 100,000 people have been displaced by fighting since the ceasefire broke down. Kachin groups across the country, and their allies in Myanmar’s broader civil society, marked the anniversary on Monday with a series of events intended to highlight the ongoing crisis, conveying a simple message: stop the fighting. “This year, our main goal is to stop the war. We aren’t [pushing] anyone to sign onto a nationwide ceasefire, but we want everything to stop on the ground. Three years is too much. We’ve already killed one generation. We don’t want to see a four-year anniversary,” said Khon Ja, who chairs the Kachin Peace Network, a Yangon-based advocacy and relief group. On Monday morning, a prayer vigil and peace march was held in Myitkyina, the capital of Kachin State. Unlike the majority of Myanmar’s citizens, the Kachin are overwhelmingly Christian. The Kachin Peace Network simultaneously held a daylong commemoration ceremony at Yangon’s Kachin Baptist Church, following two days of marches and concerts over the weekend. Myanmar’s government is keen to see a nationwide ceasefire implemented by the end of the year. Negotiations with some armed groups – such as the Karen National Union (KNU), which is based in the southeast – have shown progress in recent months, in stark contrast to the state of affairs in the north. “Both sides want a nationwide ceasefire, but [civil society] wants to help ensure that the military follows a code of conduct, and that a federal constitution [be introduced],” said Naw San, an activist with the All Kachin Student and Youth Union. The military’s newfound closeness to the KNU, against the backdrop of its campaign against the KIA and its allies, has revived fears that the military is pursuing a divide-and-conquer strategy against the country’s ethnic armed groups, which, through an organising committee called the United Nationalities Federal Council (UNFC), presents a unified front at negotiations with the government. Myanmar’s insurgents are pushing for the devolution of political power to ethnic minority areas through the creation of a federal system, a demand the military – which has long been paranoid of secessionist movements – is unlikely to grant. Establishing such a system would invariably require a rewriting of Myanmar’s controversial 2008 constitution – a hurdle that will be very difficult to clear. “We want [peace] to be guaranteed through the creation of a constitution that protects ethnic rights,” Naw San said. “It is all linked together.” A critical transportation route to China passes through the areas where the fighting is now at its worst, leading many to believe the military is “pacifying” the area rather than negotiating power and revenue-sharing arrangements. “Before 2010, when the government changed, a lot of investment deals had already been signed with the Chinese. This is also the area of the Shwe Gas pipeline, with a strategic route that a railway line will pass through,” Khon Ja said. “If you look at conflict – not just ethnic armed conflict, but inter-religious, communal conflict, as well – you see it is in areas where there is foreign investment.” Although the peace process is making limited headway, the military still enjoys total impunity in the conflict zone. At the Yangon event on Monday, Bangkok-based human rights watchdog Fortify Rights released a report documenting the “systematic use of torture by Myanmar authorities against Kachin civilians” over the past three years, which the organisation claimed “appears to be carried out with the knowledge and consent of senior military officers.” The 72-page report details a litany of abuses inflicted upon civilians, including psychological and physical torture, forced portering and rape. Fortify Rights claims the actions of the armed forces “may constitute war crimes and crimes against humanity under international law,” because the military’s actions indicate a campaign against civilians with the state’s apparent blessing. For its part, Myanmar’s government has attempted to distance itself from the military’s actions. On Monday, presidential spokesman Ye Htut told the media that torture was not government policy, and that Myanmar’s human rights commission took such allegations seriously. While senior generals have begun to attend the peace talks – a development which Khon Ja feels is promising – the government’s negotiators are delegated by the office of the president, a nominally civilian institution. Because the commander-in-chief of the armed forces is not subject to civilian oversight, getting the military to modify its behaviour and adhere to the peace process is likely to prove challenging. “The military culture still has the mindset of the generals,” Naw San said. “We are victims of more than 60 years of military dictatorship, which has shaped our mindset, and it is difficult to change.” June 13, 2014 in The Edge Review Previous Post Perceiving the peace in Karen State – DVB Next Post Myanmar’s Rising Sun – The Edge Review	cc/2023-06/en_head_0064.json.gz/line0
__label__wiki	0.930929	0.930929	Analysis: Russia caught out by Ukraine’s double offensive \| Russia-Ukraine war News Kyiv, Ukraine – Ukrainian forces have retaken more than 2,500 square kilometres (965 square miles) of territory in the northeast of the country in just three days, according to the Institute for the Study of War, a think-tank. Dozens of settlements have been recaptured from Russian troops, who have begun a headlong retreat to the relative safety of Luhansk province. Kupyansk, a railway junction and important logistics hub for the Russians, has been retaken by Ukrainian forces despite heavy Russian reinforcements in the area. Russian artillery and armour had been rushed in to Kupyansk and the city of Izyum, while Russian airborne units had been flown in to bolster the beleaguered Russian defence. Ukraine’s seizure of Kupyansk means that Russian units to the north will have more difficulty resupplying, as the Russian military is largely reliant on railways for keeping its forces fed, fuelled and armed. Russian media have reported that Russian forces abandoned Izyum and are retreating after the capture of Kupyansk made the defence of the city untenable. Kupyansk, a railway junction and important logistics hub for the Russians, has been retaken by Ukrainian forces [State Security Service of Ukraine/Handout via Reuters] The importance of the south Ukrainian military planners have been adept at keeping Russia guessing where the main thrust of the offensive would focus – either the southern Kherson front or in the Northeast around Kharkiv. An attack in the south appeared to be a likely choice as Kherson is strategically important to both sides. Control of the city for Russia means it controls the harbour there, protects the freshwater canal feeding Russian-occupied Crimea and could potentially serve as a jumping-off point for any future drive towards Odesa. For Ukraine, it is equally important to retake Kherson, a gateway to the south. It was one of the first cities to be seized by Russia in the early days of its full-scale invasion in February and its recapture would be a big morale boost for Ukrainians. It would also allow Ukrainian forces to cross the Dnieper River and potentially drive east, cutting off the canal supplying Crimea. Ukrainian servicemen fire on Russian positions from an anti-aircraft gun in the Kharkiv region, Ukraine [File: Andrii Marienko/AP Photo] The canal was a strategic Russian war aim as it provided 85 percent of Crimea’s fresh water and has been blocked by Ukraine since Russia illegally annexed the peninsula in 2014. A successful Ukrainian drive east would also make Russia’s occupation of the Zaporizhzhia Nuclear Power Plant increasingly untenable as Russian forces in and around the nearby city of Enerhodar would be likely cut off and stranded in the river bend. Ukraine has deftly pinned down some 20,000 Russian soldiers against the Dnieper River, pinching them off from Russian units within the city of Kherson itself. The Russian forces there were brought from the east to reinforce Russia’s defences of the Kherson pocket, but they have been isolated, largely cut off from resupply, and effectively contained. Southern feint, northern blow It appears that Russia has been caught out, believing that the south was going to be Ukraine’s main focus of operations. Despite the strategic value of the south, it seems as if the Ukrainian attacks there were a feint by military planners, with the main thrust of Ukraine’s offensive coming in the northeast, where its lightning strike has seen Russian resistance collapse. According to Russian media, the city of Izyum has been abandoned, and a general Russian retreat is under way, not only from the city but also from the region. To capitalise on its gains, Ukrainian forces are pressuring Lyman, another strategically valuable railway junction town, in an effort to keep up the momentum of the offensive and capitalise on the sense of panic felt within Russian ranks. There is open talk of defeat in the region on Russian telegram channels. It remains to be seen how much steam remains in Ukraine’s northeastern advance. Russian forces will likely pull back to a defensive line, where they hope to check Ukraine’s offensive and put a halt to Russia’s retreat. It is likely that Ukraine’s strategic focus will return to the south at some stage as there is too much at stake in this vital sector. For now, it is clear that Russia has suffered a significant military defeat in the northeast and is pulling back its forces, with its defences crumbling in the face of a Ukrainian military onslaught. Russell Wilson’s breakup with Seahawks and arrival to Broncos, explained King Charles Cries At Buckingham Palace: Photos – Hollywood Life	cc/2023-06/en_head_0064.json.gz/line1
__label__wiki	0.775779	0.775779	Surviving the Threat – How TV Learned to Love the Internet When it comes to “old” media , TV seems to be the one form of traditional media that has learned how to utilize the net to its advantage. The internet is still a content threat, but the TV world, unlike the worlds of music, film and publishing seems to have more quickly understood the pitfalls and opportunities. Instead of pulling up the drawbridge and preparing for battle, TV joined in and utilized the internet. Companies that make their living selling content are reeling. Newspapers have been closing at a record rate. The music business is reeling like never before. ITunes has helped reset the playing field, but it’s nothing like it was before. Book publishing has been hit, particularly the brick and mortar bookstores and for the film industry it could just be a matter of time, before the ability to download free content (legal or otherwise) will make a true dent in their profits. When it comes to “old” media , TV seems to be the one form of traditional media that has learned how to utilize the net to its advantage. Advertising took a huge hit last year, but the economy was also in the throws of the worst recession since the (strangely named) Great Depression. Just about everyone took a huge hit last year, not just TV ad revenues. But apart from basic economic ebbs and flows, TV seems to be the one form of media that has not only been able to weather the internet threat, but to utilize it. To quote a recent article in The Economist: “In the final quarter of 2009 the average American spent almost 37 hours a week watching television. Earlier this year 116 million of them saw the Super Bowl-a record for a single program. Far from being cowed by the new media , TV is colonizing it.” The article goes on to explain how shows like “American Idol” and “Britain’s Got Talent” utilize the net to their advantage. Watchers are constantly messaging one another about such shows on email IM, Facebook or Twitter. Plus, TV is a reactive media. It doesn’t require much from the viewer. You turn it on, put on the channel you want and there you are. Although many programs are available online, most viewers are not going to do the work it takes to find their programs through nontraditional outlets. The internet is still a content threat, but the TV world, unlike the worlds of music and publishing seems to have more quickly understood the possible pitfalls and opportunities. Instead of pulling up the drawbridge and preparing for battle, TV joined in creating sites such as Hulu a joint venture of ABC, Fox and NBC; an unlikely partnership, but a smart one. Other content providers are beginning to understand that the way to fight the internet is not to fight it at all, but to blend with it and make it an extension of their brand and their information outlets, but the TV world is way ahead of the game Copyright © Anthony Mora 2010	cc/2023-06/en_head_0064.json.gz/line6
__label__wiki	0.52872	0.52872	The Limmud Impact Study: Exploring Volunteers’ Jewish Journeys Authors: Kahn Harris Keith The Limmud Impact Study looks at how successful Limmud has been in taking people ‘one step further on their Jewish journeys’, what these journeys consist of and their wider impact on Jewish communities. The study focuses on Limmud volunteers and draws on a survey of ten Limmud volunteer communities in eight countries - UK, USA, South Africa, Bulgaria, Hungary, Germany, Israel and Argentina - together with focus groups conducted with Limmud volunteers from around the world. Launching in English, Chapter-A-Day Project Looks to Bring the Bible Back to the Masses Authors: Arutz Sheva In the beginning — November 2014 — Benny Lau, a Modern Orthodox rabbi in Jerusalem, taught the first chapter of Genesis. More than three years and 929 chapters later, he’s starting it all again on Sunday. But this time in English as well. “I want to give the Bible back to the people,” Lau told The Times of Israel recently. “For too long it has been held captive by the yeshivas and universities. It was lost from the rest of the nation and I want to return it to them.” Updated: Jul. 17, 2018 Limmud launches “Something for Everyone” Limmud North America (NA) has received a multiyear, six-figure challenge grant to launch its ambitious “Something for Everyone” (SFE) initiative. SFE aims to expose new audiences to innovative Jewish learning by increasing involvement of under-engaged families, young adults and others, thereby attracting a broad cohort of new volunteers. SFE will be piloted in a number of American cities holding Limmud events in 2018 with the aspiration of broadening the initiative to other countries in the future. Adult Learning is the Number One Priority for the Jewish Future Authors: Yanklowitz Shmuly At this precarious moment for ensuring a vibrant Jewish future, there are many priorities for sustaining Jewish life. But among the many fine efforts to ensure a sense of continuity of the Jewish experience – Hebrew schools, summer camps, and engagement of young professionals – there is a route of engagement that has perhaps received the least amount of attention, the least amount funding, and the least prioritization in the greater consciousness of Jewish pedagogy. I am referring to Jewish adult education. Adult Jewish Education: Wandering Jews and Limmud NY Partner to Promote Learning Authors: Rich Linda People in NYC can now choose from a wide variety of year-round Jewish studies offerings, thanks to Wandering Jews and Limmud NY. Each month we provide a free curated listing of some of the best lectures and conferences chosen from a wide variety of sources. Subscribers and those who visit the website can access information on these local events, with links to registration. Most use the service to identify programs to attend, while some just like to keep up with current issues, new books, and recent research How a Jewish Learning Program Surprised Me Authors: Fensterstock Jerry When our synagogue, Bet Torah in Mt. Kisco, NY, announced a learning project with Project Zug, an online-based paired learning platform powered by Mechon Hadar, I really had no idea what to expect. We have had many adult education programs over the years, but nothing that was as self-directed as this looked to be. It was to be spread out over more than ten weeks and required significant amounts of discipline. White Fire: The Power of Jewish Learning through the Arts Authors: Hirsh Jody This notion of multiplicity of meaning is the core inspiration of the Jewish Artists’ Laboratory of the Midwest. The lab is a network of professional Jewish artists in six cities in the Midwest – Milwaukee, Madison, Minneapolis, Kansas City, Chicago, and Cleveland – now in its sixth year. In each city, a group meets twice monthly to study a theme related to Jewish life, and to create works of art for an annual exhibit/showcase based on their study. The artists include painters, printmakers, sculptors, fabric artists, musicians, poets, playwrights, choreographers, mixed media artists, photographers, and more. Adult Education: A New Frontier in the Jewish Day School Movement? Authors: Sinensky Tzvi Day Schools are confronted with a particularly daunting mission. In addition to providing a rigorous dual education, they work indefatigably to inspire students religiously. At times, this mission feels Sisyphean. Our children are saturated in modern culture. Too often, turning their attention toward a Torah lifestyle is a terrifyingly daunting task. Even when our efforts appear to meet with success, students often regress to the mean. Moreover, despite their remarkable commitment to day school education, not all parents are positioned to inspire religious growth in their children. Indeed, any honest educator will confirm that this is one of the greatest challenges confronting Modern Orthodoxy. It follows, then, that to best inspire our students, we must inspire our families and communities. To thrive religiously, our children must inhabit spiritually nurturing ecosystems. In a word, schools have begun to invest in community education because it is critical to the success of their mission of educating children. Special in Uniform Authors: Attia Tiran In 2014, I left the army and joined Lt. Col Ariel Almog and, together with the Yad Layeled organization (and in partnership with JNF-USA), we founded the “Special in Uniform” program. The program integrates thousands of young people with disabilities into the Israel Defense Forces (IDF) and, in turn, into Israeli society. We see the inclusion of people with disabilities in the army as a way to help usher them into a self-sufficient life once they are discharged from the army. Our belief is that everyone belongs and has the right to reach his or her full potential. Special in Uniform focuses on the unique talents of each individual participant to help each one find a job that is a perfect fit for the individual’s skills within the IDF. The attention is on the ability, not the disability, of each individual, encouraging independence and integration into society. The Characteristics and Practices of Long-term Adult Jewish Learners: New Perspectives on the Dynamics of an Adult Classroom Authors: Sherwin Shapiro Jane Within the larger domain of adult Jewish learners there is a smaller cohort that continues to study regularly over the course of many years. They have stayed motivated to learn until a point where the study itself becomes part of their lives and regular practice. As a result of their experience these long-term learners have a tremendous amount to say about what makes the learning important to them, how it took hold, and how it affects their lives. This dissertation is a qualitative study of these learners, drawing from their reflections to portray their day-to-day experiences in the classroom.	cc/2023-06/en_head_0064.json.gz/line7
__label__wiki	0.892444	0.892444	Biography – ROGERS, THOMAS – Volume VIII (1851-1860) – Dictionary of Canadian Biography ROGERS, THOMAS, architect, office holder, and land speculator; b. 1778 or 1782 in England; married and had two sons; d. 27 Feb. 1853 in Kingston, Upper Canada. It is not known when Thomas Rogers and his family immigrated to the Canadas but his son Thomas was born in England in 1811. The elder Rogers may have begun his career as a craftsman since he left his carpenter’s and joiner’s tools to Thomas in his will. His surviving drawings, however, show that he must have had training in an architect’s office at some stage. The family may have been connected to another Thomas Rogers, an English architect who died after 1808. The likelihood of this relationship is strengthened by an examination of the latter’s best-known design, the Middlesex County Sessions House, Clerkenwell Green (London) (1779–82). Its decorative, Adamesque qualities and the use of the Greek Ionic order reflect the sort of architectural grounding which one might assume for the Canadian Thomas Rogers, on the basis of his known works. A letter which appeared in the Kingston Chronicle in 1831 suggests a familial tie to Whig poet and wit Samuel Rogers. Samuel’s cousin Richard Payne Knight was a great amateur architect and aesthetician. These connections may help to explain the apparently immediate success of the architect in Kingston, and his attainment of a long professional career throughout the province. Rogers’s first known commission, in 1825, was for a large stone structure to replace the small, wooden Anglican church at Kingston, St George’s. His plans called for a two-storey, galleried basilica, with a shallow apse at the altar end, an elaborate bell-tower at the entrance, and a grand Ionic portico. Only the main body and part of the tower were erected to Rogers’s designs. His tower was later replaced by the present one and the body of the church was substantially enlarged, but his finely sculpted quoining, the upper parts of his massive side-window surrounds, and much of his side walls still survive. At St George’s, Rogers would have met John Macaulay, a prominent Anglican and office holder. Over the next decade Macaulay’s name is frequently found in connection with Rogers’s works, suggesting that he may have become the architect’s chief patron. For example, in 1829 the Cataraqui Bridge was erected at Kingston to Rogers’s designs, the commission coming from the Cataraqui Bridge Company, of which Macaulay was a director. As commissioner of lighthouses for Upper Canada, Macaulay was responsible for commissioning three lighthouses from Rogers: False Ducks (1828) and Point Petre (1832, destroyed 1969), both in the Prince Edward District, and Nine Mile Point (1833) on Simcoe Island near Kingston. It also appears that Macaulay was behind Rogers’s involvement in the new parliament buildings at York (Toronto) in 1828–29. Rogers provided some drawings, specifications, and criticisms of proposals made by others. In April 1829 William Allan, chairman of the commission for erecting the buildings, informed Rogers that he had already written to Macaulay, asking to know if Rogers, in the midst of his busy schedule, “would be likely to engage for the superintendence.” Rogers did not accept the complete superintendence, which Allan offered him, suggesting that he had decided to make his primary base in Kingston. In the 1820s and 1830s Kingston appeared to many to be the place in Upper Canada with the greater future. Yet Rogers continued to accept short-term commissions in York and places other than Kingston. In 1831 he provided designs for the second St James’ Church, York. As Macaulay had been a pupil of its rector, John Strachan, and was in close touch with him politically, it is likely that Rogers obtained this commission on Macaulay’s recommendation. The plans for St James’ show a colonnaded tower inspired by John Nash’s Church of All Souls, Langham Place, London. But sadly, Rogers’s design for the tower was not used and the whole structure was destroyed by fire in 1839. He may have been involved in superintending the erection of the second market in York in 1831. In Kingston the early recognition of Rogers’s professional ability had led to his securing at least one public office. From about 1827 he was employed by the Midland District Court of Quarter Sessions as street surveyor for Kingston and, later, as a police officer there. In May 1827 he paid the Reverend George Okill Stuart £50 for part of a rural lot now situated at the intersection of King and Barrie streets. On this lot, with its splendid view of Wolfe and Simcoe islands and out to Lake Ontario, Rogers had built a house for himself and his family by 1832. He was evidently an active gardener. In September 1837 the Chronicle & Gazette noted that growing in his garden, “near Stuart’s Point,” was a “Radish measuring in circumference two feet eight inches and a half.” His house has been almost completely engulfed by later additions, but some of the ground plan can still be discerned. Rogers’s purchase of land for his own house was only the first of a series of property acquisitions from Stuart. They were wise investments for the land was annexed to the city in 1850. Rogers, however, was able to reap considerable rewards even earlier; in 1842, after Kingston had become capital of the united provinces, he disposed of several building lots. Nor was his land speculation confined to Kingston. In 1846, for example, he bought 100 acres in Loughborough Township from the Canada Company. As well, he lent out considerable sums for mortgages, some of which may have been attached to buildings which he designed and supervised. What emerges from all these transactions is the picture of a shrewd, successful businessman. The domestic architecture of Rogers is the least documented, yet in some ways it is the most interesting part of his work. Knaresborough Cottage, which he designed in 1834 for John Macaulay’s mother, is the only house which can be verified as his work. Although the house, on King Street near Earl, has been considerably altered, the original main entrance, on the side, survives. The tall door is surmounted by an elliptical arch, inscribed with semi-circular glazing bars. The outer stone surround consists of an arch of massive voussoirs, of alternating large and small stones, supported by imposing, monolithic piers. The striking effect of the entrance is the result of a combination of Adamesque elegance in the woodwork and primitive simplicity in the masonry which matches in mood the rough texture of the main walls and the quoins. The latter, like the masonry door surround, are ashlar, simply grooved or furrowed. The distinctive characteristics of Knaresborough Cottage enable us to identify Rogers as the architect of a whole group of early Kingston buildings which might otherwise remain anonymous. Variations on the doorway are found in houses built for Henry Gildersleeve (1825–26), James Nickalls (Charles Place, c. 1828–32), John Counter* (Plymouth Square, 1833, now destroyed), the Reverend Robert David Cartwright (1832–33), John Solomon Cartwright* (1833–34), and Charles William Grant (Alwington, 1834, now destroyed). The Commercial Bank of the Midland District at 44 Princess Street (1833) is related stylistically to these buildings; a letter which appeared in the Kingston Chronicle in 1831 suggests that Rogers may have had an interest in designing the bank. The central block of the Kingston General Hospital (1833–35) has been said to have been designed by Wells and Thompson of Montreal and only superintended by Rogers. But stylistic features such as the quoins, the monolithic window surrounds, and the umbrage or recessed porch (found also at Charles Place and Plymouth Square) seem to point to Rogers as the designer. Most of these structures have quoins on either the back or the front. In several cases elongated quoins touch the long stone jambs projecting from adjacent windows. This distinctive feature is particularly prominent on the corner wings of Charles Place, on the back façade of the Gildersleeve house, and on the side of the Commercial Bank. The feature is also seen on two more Kingston buildings which may thus be attributed to Rogers, one at the corner of Ontario and William streets (1841–42) and the other at 65–67 Princess Street. Farther afield, the peculiarity is found in two stone buildings in Perth, the Matheson house (1840) and the triple house at Gore and Harvey streets. These structures may also be designs by Rogers. Quoining belongs to the rustic, basic mode of architecture. Contrary to expectation, the peculiar linking of quoins and jamb blocks seems to appear only once in the works of Italian Renaissance theorists and not at all in the designs of the early 18th-century English architect James Gibbs. Indeed, it was evidently not used to any extent in England until the 1840s, or elsewhere in Upper Canada until its appearance on Frederic William Cumberland’s and William George Storm’s Hamilton Post Office (1854–56). The device is found, however, in French architecture, prior to, but most frequently in, the work of Claude-Nicolas Ledoux (1736–1806). Did Rogers go to France before coming to the Canadas, was he influenced by publications, or was the influence perhaps indirect? Conceivably it came through the architectural milieu of Lower Canada. However the idea of linking the quoins and jambs came to Rogers, it probably appealed to him because of its combination of the decorative and the structural, and its emphasis on the simple, primitive forms of architecture. Rogers’s architectural sophistication clearly reflected the social elegance so evident in Kingston during the boom days of the 1820s and early 1830s. In contrast, his office of street surveyor exposed him to the vagaries of local politics. On 30 Nov. 1835 James Sampson, a prominent Kingston physician and magistrate, brought two charges against Rogers before the Court of Quarter Sessions. The first was one of “violent conduct” towards Sampson while Rogers was “under the influence of liquor”; the second that Rogers was “so much addicted to drinking as to render him an unfit person for the situations he holds as Police Officer and Street Surveyor.” The first charge was accepted as “fully proved”; the second was dismissed. At this distance it is impossible to unravel the case. Edward John Barker, the editor of the British Whig, wrote on the day after the trial that Rogers, “by his attention to his duty and general good conduct, had won golden opinions from every person in this town, with the exception of Dr. Sampson, and the consequent excitement of the public, when so serious a charge was alleged against so deserved a favourite, was great. . . . The whole affair reminds us of the sacred story of Haman and Mordecai the Jew.” Barker thus implied that Sampson was deliberately, and unjustly, trying to vilify Rogers. And indeed it emerged during the trial that the physician and the architect had had an earlier disagreement about the cutting down of trees near Rogers’s property. The court decisions were a considerable rebuff for Sampson. He was unable to convince his fellow magistrates, who included John Macaulay as chairman, that Rogers was unfit for office. All that Rogers received on the first charge was a reprimand. Among the witnesses who spoke on his behalf were Edward Horsey, a fellow architect, and Antoine Boisseau, a French Canadian mason who had apparently known and worked with Rogers for several years. There is no evidence that Rogers’s professional career suffered from the Sampson affair. He continued to receive substantial commissions, both public and private, for many years afterwards. In 1837 he built the Victoria District Court-House at Belleville (destroyed 1960). A simple but imposing two-storey structure with a grand Ionic entrance portico, it had quoins and massive window surrounds of the kind used earlier on the J. S. Cartwright house and on Plymouth Square. Two years later Rogers was asked to make substantial changes and additions to the Midland District Court-House, originally designed by John Leigh Okill in 1824 (taken down in 1855). The Prince Edward District Court-House at Picton, apparently built between 1831 and 1840, has been attributed to Rogers but has none of his peculiar stylistic features. In 1838, following Kingston’s incorporation as a town, Rogers petitioned that he be retained as street surveyor. He was unsuccessful and was replaced by John Cullen. But 11 months later, after Cullen’s death, Rogers petitioned again for his former office, this time successfully. In April 1841 town council asked William Coverdale* and Rogers each to prepare a plan for a new market house. At the same meeting, the latter was asked to prepare an estimate of the public work he had in hand. On 1 May he reported projects worth £584, an increase from the £497 reported in July 1839 and doubtless a result of new commissions ordered since the town had become the provincial capital in February 1841. On 17 May 1841 council met to discuss the office of street surveyor. It moved that because of Rogers’s “infirmity” and the “circumstances of the Town requiring the Services of an active and efficient officer,” the position be declared vacant. It has been stated by historians that Rogers’s “infirmity” was alcoholism, but council’s motion probably meant no more than it said. Rogers was then around 60, and the duties of street surveyor were heavy and had been expanding. An “active” officer was indeed required, not only to supervise the increasing amount of street flagging and sewer construction, but to check wharfs to see that they did not infringe on street rights of way and to inspect chimneys and stoves to see that they were not potential fire hazards. Ironically, an alderman who tried to prevent Rogers’s dismissal had had his chimney condemned by Rogers two years before. As late as 1852, one year before his death from dropsy, Rogers is listed as an architect in William Henry Smith’s Canada: past, present and future. As yet, however, little is known of his last years. In 1844 a pair of elegant stone houses, at 53–55 Earl Street, were built for one Alexander Somerville. Four years later they were mortgaged to Rogers. This fact and some stylistic evidence (elliptical door transoms and a carriageway arch, all with stone voussoirs of alternating colours) suggest that they may have been designed by Rogers. Two fine brick houses, 195–97 Earl Street, listed in 1855 as unfinished and owned by the builder, James Renton, may be among Rogers’s latest designs. The careful interlocking of finely cut elliptical arches and quoins suggests his hand. Though Rogers is claimed to have had a part in designing George Okill Stuart’s great villa, Summerhill, none of the architect’s personal stylistic characteristics appear there. Rogers’s grandest late design may be the three-storey stone building erected at the corner of Princess and King streets in 1847 for the widow of Henry Cassady, a former Kingston mayor for whom Rogers had done work. The strip pilasters on the Princess Street elevation recall those employed at Plymouth Square, while the use of quoins superimposed on large ashlar plates is similar to the treatment of the corners of the J. S. Cartwright house. Thomas Rogers occupies an important place in the architectural history of Upper Canada. He was perhaps the most competent and versatile practitioner of his profession in the province in the 1820s and early 1830s. The variety of his work and the widespread demand for his services attest to this. Although many of his buildings have been destroyed, or radically altered, enough survive to show that he was a designer of considerable individuality. In Kingston his consistent use of stylistic features of a rustic or primitive kind gave a distinctive character to the town’s stone architecture. From this George Browne, who arrived in 1841, was to develop more fully his architectural ideas of Kingston as a primitive, Tuscan town. Browne’s Presbyterian manse (1841), with its monolithic door and window surrounds (albeit bevelled), is unthinkable without Rogers’s J. S. Cartwright house. (Not surprisingly, the latter has been attributed to Browne.) And the basement rows of elliptical arches on Browne’s Town Hall and Market Building (1841–44) are symbolic witnesses to the firm foundation Rogers had laid for Kingston’s distinctive architectural style. J. Douglas Stewart ACC-O, St George’s Cathedral (Kingston, Ont.), minutes of the building committee, 15, 20 April, 24 Dec. 1825. AO, MS 78, Stanton to Macaulay, 23 March, 15 April 1831; RG 21, Victoria District (later Hastings County), council minutes, 2 April, 8, 19 May, 1, 8 June, 2 Aug. 1837; 22 Oct. 1839; RG 22, ser.159, 1808–59, no.259. Cataraqui Cemetery Company (Kingston), Burial record. Frontenac Land Registry Office (Kingston), Loughborough Township, abstract index to deeds, concession 8, lot 24 (mfm. at AO, GS 3976). MTL, William Allan papers, letters received, 1820–52, Allan to Rogers, 6 April 1829. PAC, RG 5, A1: 36447–48, 48585, 49077–80, 128862–63. QUA, Arch. of the city of Kingston, assessment rolls, 53–55 Earl Street, 1844, 1848; city council minutes, 17 May 1838, 9 April 1839; J. S. Cartwright papers, Givins corr., 1835; John Macaulay papers, corr., May 1834; Thomas Rogers, signed plan for St George’s Anglican Church, Kingston, 1822; unsigned plan for Cataraqui Bridge, Kingston, 1829. St James’ Cathedral Arch. (Anglican) (Toronto), Thomas Rogers, drawings for St James’ Church, 1831. Town of York, 1815–34 (Firth). U.C., House of Assembly, Journal, app., 1832–33: 218; 1833–34: 184–86. British Whig, 1, 8 Dec. 1835. Chronicle & Gazette, 23 May, 9 Dec. 1835; 27 Sept. 1837; 22 June 1839; 26 March 1842. Daily News (Kingston), 1 March 1853. Kingston Chronicle, 22 June 1827; 6 Aug. 1829; 3, 24 Dec. 1831. H. M. Colvin, A biographical dictionary of English architects, 1660–1840 (London, 1954), 512–13. Heritage Kingston, ed. J. D. Stewart and I. E. Wilson (Kingston, 1973). W. H. Smith, Canada: past, present and future. City of Kingston, Ontario: buildings of historical and architectural significance, ed. Margaret [Sharp] Angus (5v., [Kingston], 1971–80), 2: 66; 4: 217–19; 5: 48, 207–8. MacRae and Adamson, Cornerstones of order, 31, 57–58. MacRae et al., Hallowed walls, 204–5, 207. Margaret [Sharp] Angus, Kingston General Hospital, 1832–1972: a social and institutional history (Montreal and London, Ont., 1973); The old stones of Kingston: its buildings before 1867 ([Toronto], 1966). J. D. and Mary Stewart, “John Solomon Cartwright: Upper Canadian gentleman and regency ‘man of taste,’” Historic Kingston, no.27 (1979): 61–77. Architects and Urbanists Business – Real estate Europe – United Kingdom – England North America – Canada – Ontario – East CARTWRIGHT, JOHN SOLOMON (Vol. 7)ALLAN, WILLIAM (Vol. 8)BARKER, EDWARD JOHN (Vol. 11)BROWNE, GEORGE (Vol. 11)COUNTER, JOHN (Vol. 9)COVERDALE, WILLIAM (Vol. 9)CUMBERLAND, FREDERIC WILLIAM (Vol. 11)GILDERSLEEVE, HENRY (Vol. 8)More MACAULAY, JOHN (Vol. 8)SAMPSON, JAMES (Vol. 9)SMITH, WILLIAM HENRY (Vol. 10)STORM, WILLIAM GEORGE (Vol. 12)STRACHAN, JOHN (Vol. 9)STUART, GEORGE OKILL (1776-1862) (Vol. 9)CRAIG, JOHN (Vol. 8)EWART, JOHN (Vol. 8) MACAULAY, JOHN ALLAN, WILLIAM STRACHAN, JOHN CUMBERLAND, FREDERIC WILLIAM STORM, WILLIAM GEORGE BROWNE, GEORGE EWART, JOHN J. Douglas Stewart, “ROGERS, THOMAS,” in Dictionary of Canadian Biography, vol. 8, University of Toronto/Université Laval, 2003–, accessed February 1, 2023, http://www.biographi.ca/en/bio/rogers_thomas_8E.html. Permalink: http://www.biographi.ca/en/bio/rogers_thomas_8E.html Author of Article: J. Douglas Stewart Title of Article: ROGERS, THOMAS Publication Name: Dictionary of Canadian Biography, vol. 8	cc/2023-06/en_head_0064.json.gz/line10
__label__wiki	0.578667	0.578667	Melissa McCarthy & Ellen Degeneres Pull On-Air Prank at Milt & Edie’s Master Drycleaners On many levels, Milt & Edie’s Master Drycleaners is a remarkable drycleaning business. Purchased by Milt Chortkoff in 1988 and renamed in honor of his wife in 2004, today’s store at the busy intersection of Alameda and Pass in Burbank, California, has tons going for it. Two of the more salient features of the business are its physical location and nearly obsessive approach to customer service. Visible from blocks away due to the bright magenta color scheme of its many signs and banners, most of the building’s external areas such as gables and walls support placards advertising that the company is open 24/7/365 – all day, every day. Even before you step inside you can smell the fresh cookies, hot coffee, and buttery popcorn. As soon as you enter through the automatic doors the maitre d’ is asking you how they may be of service, whether you’re in for picking up, dropping off, or tailoring. Store manager Richard, who took a few minutes out of his busy schedule to show me around, mentioned that Milt & Edie’s is the busiest shop in Southern California, and probably the U.S., and probably the world. Part of the reason for success of this magnitude is its proximity to a number of major television and movie studios. Not only does the drycleaners regularly cater to the entertainment stars and studio executives who live and work nearby, it also handles jobs for various wardrobe and costume departments that often require expert tailoring services at unconventional hours. This is likely why the company employs a team of fifteen experienced tailors, four of whom are on hand at any one time. Entertainment business professionals constantly ask permission to shoot inside the shop, according to Michael Schader, Milt’s son-in-law. After all, the drycleaners is a character unto itself, packed as it is with low-hanging pipes running every which way, blaring flat-screen TVs, and a maze of conveyor belts bearing plastic-wrapped garments. Until recently he’d always refused, arguing that to shut down the operation for a week or even a day would unwisely inconvenience his regular clientele. When the Ellen Degeneres show asked permission to stage a ‘celebrity’ prank in the store, and promised to be as unobtrusive as possible, management just couldn’t say no. For a week before the event, unmarked vans drove up carrying technicians who scurried around the store installing cameras and tweaking settings, troubleshooting errors or adjusting microphones. Schader and his wife, Beth, had been sworn to secrecy. “I told our staff we were upgrading our closed-circuit television (CCTV) system,” he said, “and of course they believed me.” Once everything was set up just right, the show signaled the prank was imminent. “I was in a position to select the person who would serve the celebrity once she came into the shop,” Schader said. “I chose Alexis because of her stellar personality and just how nice and patient she is with everyone around her.” About a half hour before her arrival, Schader says he’d figured out who the celebrity was going to be. “Melissa McCarthy is a regular customer at our store, and she’s a very nice person,” he said, which made her Schader’s most likely candidate for someone wanting to have a bit of fun at the local drycleaners. The celebrity arrived, Alexis handled the prank with flying colors, and everything was going smoothly until Ellen told Melissa to pretend to lose consciousness. At this point Alexis, visibly concerned about the health and well-being of her customer, asked a coworker to call 911. For a number of reasons, Ellen Degeneris invited the employee on the receiving end of the prank, Alexis Symmonds, to come onto her show and talk about what had happened (segment available here). “Milt & Edie’s web and social media traffic went through the roof in the week following the prank as tens of thousands of people from around the world clicked over to check out the company page after watching the prank itself,” Schader said, “but, otherwise, the prank was nothing much, kind of a non-event.” Being part of the entertainment industry means maintaining your focus and keeping your cool, no matter what. Regrettably, Symmonds had already given her notice before the prank occurred. She is no longer employed at Milt & Edie’s Master Drycleaners in Burbank, California. She will surely land on her feet with her caring demeanor and a little help from a $20,000 from Shutterfly and Ellen. Watch the Clips: The initial prank. Alexis on Ellen’s show. Tagged Features Previous postStudents Learn at DLI’s School of Drycleaning Technology Next postHow Insurance Helped Four DLI Members Recover from Disaster	cc/2023-06/en_head_0064.json.gz/line13
__label__cc	0.554901	0.445099	SA 868. Mr. CARDIN (for himself and Mr. GRAHAM) submitted an amendment intended to be proposed by him to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows: On page 209, between lines 2 and 3, insert the following: TITLE VI--NATIONAL BLUE ALERT SEC. 601. SHORT TITLE. This title may be cited as the "National Blue Alert Act of 2011". SEC. 602. DEFINITIONS. In this title: (1) COORDINATOR.--The term "Coordinator" means the Blue Alert Coordinator of the Department of Justice designated under section 604(a). (2) BLUE ALERT.--The term "Blue Alert" means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) BLUE ALERT PLAN.--The term "Blue Alert plan" means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) LAW ENFORCEMENT OFFICER.--The term "law enforcement officer" shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(6)). (5) NETWORK.--The term "network" means the Blue Alert communications network established by the Attorney General under section 603. (6) STATE.--The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 603. BLUE ALERT COMMUNICATIONS NETWORK. The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. SEC. 604. BLUE ALERT COORDINATOR; GUIDELINES. (a) Coordination Within Department of Justice.--The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the Coordinator.--The Coordinator shall-- (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if-- (i) the law enforcement agency involved-- (I) confirms-- (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines-- (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for-- (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating-- (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine-- (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations.-- (1) VOLUNTARY PARTICIPATION.--The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) DISSEMINATION OF INFORMATION.--The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) PRIVACY AND CIVIL LIBERTIES PROTECTIONS.--The guidelines established under subsection (b) shall-- (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation With Other Agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this title. (e) Restrictions on Coordinator.--The Coordinator may not-- (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports.--Not later than 1 year after the date of enactment of this title, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed. SEC. 605. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS. Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended-- (1) in paragraph (16), by striking "and" at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: "(17) to assist a State in the development or enhancement of programs and activities in support of a Blue Alert plan and the network (as those terms are defined in section 2 of the National Blue Alert Act of 2011), including-- "(A) developing and implementing education and training programs, and associated materials, relating to Blue Alert plans; "(B) developing and implementing law enforcement programs, and associated equipment, relating to Blue Alert plans; and "(C) developing and implementing new technologies to improve the communication of Blue Alerts; and.". SEC. 606. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: "(C)(i) Of amounts authorized to be appropriated to carry out part Q in any fiscal year, $10,000,000 is authorized to be appropriated for grants for the purposes described in section 1701(b)(17). "(ii) Amounts appropriated pursuant to clause (i) shall remain available until expended.".	cc/2023-06/en_head_0064.json.gz/line20
__label__cc	0.706042	0.293958	Society for the Blind: Meet Paul Gray Posted on August 28, 2015 December 10, 2015 by kthebaud Paul Gray started losing his vision at age 16, but that didn’t stop him from being named Junior Prom King. In fact, the born athlete remembers his whole football team getting into trouble together at the hospital as he was dealing with his diagnosis. He also remembers being the “fun blind guy at the party,” and his friends playing good-natured pranks on him. “My mom and dad are tough folks and taught me I had to get over it,” Paul said. “I could dwell on it and waste life or I could learn to move on and figure it out. So I kept my sense of humor and my friends kept taking me to parties. I continued to play football, baseball and basketball as long as I could.” Paul was born with a genetic disease called Leber hereditary optic neuropathy that normally begins affecting men’s central vision when they are in their 40s and 50s. Women carry the gene, but only men experience the vision loss and cannot pass on the gene. Doctors believe Paul began losing his vision at such a young age because he underwent chemotherapy for a year and a half at age 11 to beat cancer and that stress triggered the disease to kick in. “We had no idea this gene was in our family,” Paul said. “Now we know all of my brothers have it, but they can still see.” Paul remembers playing basketball one day as a junior in high school and he couldn’t see a player’s jersey number. The next week he couldn’t see the scoreboard. The following week, he started missing the ball. He thought it was wind or sweat in his eye – or a football injury. Many tests later, Paul realized he would never be able to go to college on a sports scholarship as he had planned. “At that point, I realized something I was passionate about had been taken from me, but I’m such a positive person that I believed it would get fixed eventually,” Paul said. “My family and friends really helped me with that transition. I still worried about all of the things I had taken for granted, though, like being able to play catch with my son and support a family.” But he found a way to pour his passion into athleticism – he moved to San Diego and became a certified personal trainer, building a successful business doing boot camps on the beach. Eventually he made his way to Oregon where he met his wife and then they moved back to Sacramento. He knew building a personal training business would be much more difficult in the Sacramento area than in San Diego, but he was determined to find a career that he was passionate about. So he began taking classes at Society for the Blind, and his instructors noticed he had a talent for working with technology and computers. He volunteered for seven months and one day walked into the office and asked what he would have to do to work for Society for the Blind. Paul is now Coordinator for Society for the Blind’s Access News program, which provides information, news, entertainment and reading material to the blind through the telephone. People who are blind can call up and listen to recorded articles, stories or information through their telephone anytime, any day of the week. Volunteers come into Society for the Blind’s recording booths to record themselves reading newspapers, grocery ads, magazines and more, and callers can choose from a menu of options. “I like seeing people able to do things they couldn’t do before,” Paul said. “Technology is so great right now for blind people. When I first started losing my sight, they had these horrible tapes. Now we have iPhones that talk and can download books, and we have mobile GPS systems for walking directions. There’s a lot out there to help people have new experiences – and to give them hope that they can do anything.” When he isn’t coordinating the Access News program, Paul teaches mobility skills to people who come to Society for the Blind – walking three to four miles a day. He also teaches computer training and is in school at the Assistive Technology Institute, where he will graduate in August. “People change and things happen, and you can either make it a good thing or a bad thing,” Paul said. “I definitely have a very happy life. I think I was meant to be blind to encourage and help other blind people. Just because you lose your vision doesn’t mean you stop living your life. There is so much blind people can do, it’s incredible. You just have to do it another way.” Posted in Nonprofit NewsTagged Paul Gray, Sacramento, Society for the Blind ← Sacramento Life Center Receives $15K Grant from Trust Funds Incorporated Society for the Blind: Meet Debra Celiz →	cc/2023-06/en_head_0064.json.gz/line24
__label__wiki	0.617354	0.617354	101 Wn.2d 612, STATE v. ACOSTA CITE: 101 Wn.2d 612, 683 P.2d 1069 STATE v. ACOSTA CAUSE NUMBER: 49621-8 FILE DATE: May 24, 1984 CASE TITLE: The State of Washington, Respondent, v. David Velasquez Acosta, Petitioner. [1] Criminal Law - Self-Defense - Burden of Proof - Effect on Element of Crime. The State has the burden of proving the absence of self-defense if self-defense is an issue and the presence of self-defense would negate an element of the crime. [2] Assault, Criminal - Self-Defense - Burden of Proof. Self-defense negates the "knowledge" element of second degree assault, and therefore the absence of self-defense must be proved by the State beyond a reasonable doubt. [3] Criminal Law - Self-Defense - Burden of Proof - Instruction - Necessity. While it is preferable that a specific instruction be given as to the State's burden of proving the absence of self-defense beyond a reasonable doubt, the test of error in cases where self-defense is an issue is whether the jury could understand from the instructions as a whole that the State bears the burden on such issue. [4] Criminal Law - Review - Harmless Error - Constitutional Error. An error of constitutional magnitude is prejudicial if the reviewing court cannot say that beyond a reasonable doubt the error did not contribute to a guilty verdict or that beyond a reasonable doubt the evidence not tainted by the error is so overwhelming that it necessarily leads to a finding of guilt. NAMES OF CONCURRING OR DISSENTING JUDGES: Dolliver, Brachtenbach, Dore, and Dimmick, JJ., dissent by separate opinion. NATURE OF ACTION: The defendant was charged with second degree assault. The defendant and the victim were alone in an automobile when the injuries were inflicted. Superior Court: The Superior Court for Clark County, No. 80-1-00600-2, Robert D. McMullen, J., on March 25, 1981, entered a judgment on a verdict of guilty. Court of Appeals: Holding that the State was not required to prove the absence of self-defense and that evidence rulings were proper, the court AFFIRMED the judgment at 34 Wn. App. 387. Supreme Court: Holding that the instructions did not properly inform the jury of the State's burden of proving the absence of self-defense, the court REVERSES the judgment. COUNSEL: WILLIAM K. THAYER and STEVEN W. THAYER, for petitioner. ARTHUR D. CURTIS, PROSECUTING ATTORNEY, and RICHARD MELNICK, DEPUTY, for respondent. AUTHOR OF MAJORITY OPINION: Williams, C.J. - MAJORITY OPINION: The issue in this case is whether, in a prosecution for second degree assault under RCW 9A.36.020(1)(b), the State must disprove a defendant's claim of self-defense. The Court of Appeals held that the State need not do so, and affirmed petitioner's conviction. STATE v. ACOSTA, 34 Wn. App. 387, 661 P.2d 602 (1983). We reverse the Court of Appeals and remand for a new trial. Petitioner David Acosta met Kimberly Polmateer in a Portland bar on October 13, 1980. They later decided to drive to Vancouver in Polmateer's car. They parked in a dark alley and smoked some marijuana. Petitioner testified that while there he discovered that his wallet was missing, and accused Polmateer of taking it. He testified that when he threatened to go to the police she attacked him, scratching him and choking him with his tie. Polmateer's testimony contradicted petitioner's. She testified that petitioner attempted to rape and kill her and that she ran from the car to a nearby house. Although there were no other witnesses to the incident, several witnesses testified that when Polmateer arrived at the house she was in a hysterical state, beaten, bleeding, and unclothed from the waist down. At his trial petitioner's attorney proposed a jury instruction which would have required the State to prove beyond a reasonable doubt that petitioner "was not acting in self-defense, or using lawful force as defined elsewhere in these instructions." «1» «1» Petitioner's requested instruction reads as follows: "To convict David Acosta of the crime of assault in the second degree, each of the following elements of the crime must be proved beyond a reasonable doubt: "1. That on or about the 14th day of October, 1980, the defendant knowingly inflicted grievous bodily harm upon Kimberly May Polmateer. "2. That David Acosta was not acting in self defense, or using lawful force as defined elsewhere in these instructions. "3. That the acts occurred in Clark County, Washington. "If you find from the evidence that each and every one of the above elements have been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty. "On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of the elements, then it will be your duty to return a verdict of not guilty." Clerk's Papers, at 37. Clerk's Papers, at 37. The trial court refused to give this instruction, and instead used WPIC 35.12, which lists the statutory elements of second degree assault. In addition, the court instructed the jury that " It is a complete defense to the charge of second degree assault that the defendant acted in self-defense. If you find from the evidence, and in accordance with these instructions that the defendant acted in self defense, then it shall be your duty to return a verdict of not guilty. Clerk's Papers, at 49. The trial court did not expressly inform the jury whether petitioner or the State bore the burden of proving or disproving self-defense. The jury found petitioner guilty. The due process clause of the fourteenth amendment to the United States Constitution requires the State to prove beyond a reasonable doubt all facts necessary to constitute the crime charged. SANDSTROM v. MONTANA, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979); IN RE WINSHIP, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S. Ct. 1068 (1970). There are two ways to determine whether absence of self-defense is an element or ingredient of the crime which the State must prove: (1) the statute may reflect a legislative intent to treat absence of self-defense as an element of the crime; or (2) proof of self-defense may negate an element of the crime. STATE v. MCCULLUM, 98 Wn.2d 484, 490, 656 P.2d 1064 (1983); STATE v. HANTON, 94 Wn.2d 129, 132, 614 P.2d 1280, CERT. DENIED, 449 U.S. 1035, 66 L. Ed. 2d 497, 101 S. Ct. 611 (1980). The Washington Criminal Code is silent on whether the State must prove that a defendant did not act in self-defense. However, as we noted in STATE v. MCCULLUM, SUPRA at 492, the Legislature has clearly provided that a defendant must prove certain defenses by a preponderance of the evidence. SEE RCW 9A.12.010 (insanity); RCW 9A.32.030(1)(c), .050(1)(b) (felony murder); RCW 9A.40.030 (kidnapping); RCW 9A.44.030 (sexual offenses); RCW 9A.48.060 (reckless burning); and RCW 9A.76.100 (compounding a crime). The Legislature's silence on the burden of proof of self-defense, in contrast to its specificity on these other defenses, is a strong indication that the Legislature did not intend to require a defendant to prove self-defense. [1, 2] Even if the Legislature did intend to require the defendant to prove self-defense, this requirement will withstand constitutional scrutiny only if we determine that self-defense does not negate an essential element of the crime. MCCULLUM, at 494; HANTON, at 132. To do so we must analyze each element of the crime charged. HANTON, at 132. The defendant in this case was charged with and convicted of second degree assault, RCW 9A.36.020(1)(b). That statute provides that a person is guilty when he "[s]hall knowingly inflict grievous bodily harm". Because "knowingly" is expressly made an element of second degree assault, the prosecution must prove knowledge beyond a reasonable doubt. Knowledge is defined in RCW 9A.08.010, which provides in relevant part: " (b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when: (i) he is aware of a fact, facts, or circumstances or result DESCRIBED BY A STATUTE DEFINING AN OFFENSE; . . . (Italics ours.) Self-defense is defined by statute as a lawful act. SEE RCW 9A.16.020(3). It is therefore impossible for one who acts in self-defense to be aware of facts or circumstances "described by a statute defining an offense". RCW 9A.08.010(1)(b)(i). This is just another way of stating that proof of self-defense negates the knowledge element of second degree assault. Since proof of self-defense negates knowledge, due process and our prior cases require us to hold that the State must disprove self-defense in order to prove that the defendant acted unlawfully. «2» «2» We note that a clear majority of other state courts also hold that if evidence of self-defense is presented, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense. SEE, E.G., EX PARTE JOHNSON, 433 So. 2d 479 (Ala. 1983); THOMAS v. STATE, 266 Ark. 162, 583 S.W.2d 32 (1979); STATE v. BOBBITT, 420 So. 2d 362 (Fla. Dist. Ct. App. 1982); HENDERSON v. STATE, 234 Ga. 827, 218 S.E.2d 612 (1975); STATE v. MCNULTY, 60 Hawaii 259, 588 P.2d 438 (1978); PEOPLE v. WILLIAMS, 57 Ill. 2d 239, 311 N.E.2d 681 (1974); BERRY v. STATE, 268 Ind. 432, 376 N.E.2d 808 (1978); STATE v. CRUSE, 228 N.W.2d 28 (Iowa 1975); STATE v. SHARP, 338 So. 2d 654 (La. 1976); STATE v. O'BRIEN, 434 A.2d 9 (Me. 1981); WRIGHT v. STATE, 29 Md. App. 57, 349 A.2d 391 (1975); COMMONWEALTH v. ZEZIMA, 387 Mass. 748, 443 N.E.2d 1282 (1982); PEOPLE v. JACKSON, 390 Mich. 621, 212 N.W.2d 918 (1973); STATE v. AUSTIN, 332 N.W.2d 21 (Minn. 1983); SLOAN v. STATE, 368 So. 2d 228 (Miss. 1979); STATE v. MCGOWAN, 621 S.W.2d 557 (Mo. Ct. App. 1981); STATE v. ARCHBOLD, 178 Neb. 433, 133 N.W.2d 601 (1965); STATE v. EDWARDS, 97 N.M. 141, 637 P.2d 572 (Ct. App. 1981); STATE v. BOONE, 299 N.C. 681, 263 S.E.2d 758 (1980); COMMONWEALTH v. UPSHER, 497 Pa. 621, 444 A.2d 90 (1982); STATE v. BAKER, _____ R.I. _____, 417 A.2d 906 (1980); LUCK v. STATE, 588 S.W.2d 371 (Tex. Crim. App. 1979). The dissenting opinion's citations to federal decisions imply that some federal courts require the defendant to prove self-defense. Ever since the United States Supreme Court's decision in DAVIS v. UNITED STATES, 165 U.S. 373, 41 L. Ed. 750, 17 S. Ct. 360 (1897), however, federal prosecutors have borne the burden of proof on insanity and self-defense. SEE, E.G., FRANK v. UNITED STATES, 42 F.2d 623, 629 (9th Cir. 1930). The federal cases cited by the dissent are cases in which the federal court applied state laws that differed markedly from Washington's. SEE, E.G., THOMAS v. ARN, 704 F.2d 865 (6th Cir. 1983) (interpreting an Ohio statute that does not include unlawfulness in its definition of "knowledge"); CARTER v. JAGO, 637 F.2d 449 (6th Cir. 1980) (interpreting the same statute); FRAZIER v. WEATHERHOLTZ, 572 F.2d 994 (4th Cir. 1978) (applying Virginia law, which requires the defendant to bring forth sufficient evidence to create a reasonable doubt). We reached a similar result in MCCULLUM. The issue in MCCULLUM was whether the State in a first degree murder case must disprove self-defense when the issue is properly raised. There we noted that the statutory definition of intent requires that the defendant act "with the objective or purpose to accomplish a result which constitutes a crime", RCW 9A.08.010(1)(a), that is, that the defendant act "unlawfully". SEE MCCULLUM, at 495. Since a person acting in self-defense acts lawfully, we held that self-defense negates intent, and that the State therefore must disprove self-defense when the issue is properly raised. Similarly, in HANTON, we held that evidence of self-defense negated the element of "recklessness" in the first degree manslaughter statute, RCW 9A.32.060(1)(a). There we focused upon the requirement of wrongful action in the definition of recklessness. RCW 9A.08.010(1)(c) provides: " (c) RECKLESSNESS. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur . . . We held in HANTON, at page 133: "There can be no recklessness without disregard of risk of a wrongful act, and self-defense, as defined, is not "wrongful." Given our decisions in MCCULLUM and HANTON, consistency dictates that the State bear the burden of disproving self-defense where the applicable mental state is knowledge. RCW 9A.08.010 establishes a hierarchy of culpable mental states, ranging from intent to criminal negligence. Proof of a higher mental state is necessarily proof of a lower mental state. RCW 9A.08.010(2). We believe that we are required to treat the effect of self-defense on each mental state in a consistent manner. Consider a case in which the defendant is charged with a crime requiring proof of intent and in which the jury was instructed on one lesser offense requiring proof of knowledge and another requiring proof of recklessness. Were we to hold that the defendant bore the burden of proof in knowledge crimes, the jury instruction on the burden of proof would be unbearably complicated, with the burden shifting from the State, to the defendant, and back again. Finally, our holding today is consistent with the long-standing rule in Washington that a criminal assault requires unlawful force. SEE HOWELL v. WINTERS, 58 Wash. 436, 108 P. 1077 (1910) (civil assault); PEASLEY v. PUGET SOUND TUG & BARGE CO., 13 Wn.2d 485, 125 P.2d 681 (1942) (civil assault); STATE v. RUSH, 14 Wn.2d 138, 127 P.2d 411 (1942); STATE v. STEWART, 73 Wn.2d 701, 440 P.2d 815 (1968). In RUSH, the court noted that the statute on second degree assault prohibited willful "assault", but that the statute did not define "assault". In the absence of a statutory definition the court resorted to the common law rule reflected in HOWELL and PEASLEY and stated: "We are committed to the rule that an assault is an attempt, WITH UNLAWFUL FORCE, to inflict bodily injury upon another . . ." (Italics ours.) RUSH, at 139. If we were to hold that the defendant bore the burden of proving self-defense, we would be relieving the State of its obligation to prove that the defendant's use of force was unlawful. Therefore, consistent with our prior cases, we hold that in a second degree assault prosecution the State must disprove self-defense beyond a reasonable doubt. STATE v. LEBLANC, 34 Wn. App. 306, 660 P.2d 1142, REVIEW DENIED, 100 Wn.2d 1021 (1983). The next issue is whether the trial court erred in failing to inform the jury that the State bears the burden of disproving self-defense. In STATE v. MCCULLUM, SUPRA, we stated that when some evidence of self-defense is presented, the jury "should be instructed that the State bears the burden of proving the absence of self-defense beyond a reasonable doubt." MCCULLUM, at 500. Our discussion of jury instructions in MCCULLUM has caused some disagreement and confusion in the Court of Appeals; the principal area of disagreement is whether the "rule" in MCCULLUM is retroactive, that is, whether it applies to cases tried before MCCULLUM was decided. SEE, E.G., STATE v. TAKACS, 35 Wn. App. 914, 671 P.2d 263 (1983) (Division One) (discussion of jury instructions in MCCULLUM prospective only; one judge dissenting); STATE v. MERCER, 34 Wn. App. 654, 663 P.2d 857 (1983) (Division One) (discussion of jury instructions in MCCULLUM prospective only); STATE v. HEATH, 35 Wn. App. 269, 666 P.2d 922 (1983) (Division Three) (discussion of jury instructions in MCCULLUM not prospective only); STATE v. LEBLANC, 34 Wn. App. 306, 660 P.2d 1142 (1983) (Division Three) (discussion of jury instructions in MCCULLUM not prospective only). We take this opportunity to clarify what was said in MCCULLUM. To do so it is necessary to review the cases decided before MCCULLUM that discussed the need for and the content of jury instructions regarding the burden of proof of self-defense. In STATE v. ROBERTS, 88 Wn.2d 337, 562 P.2d 1259 (1977), this court reversed the petitioner's conviction for reasons not relevant to this opinion. The court discussed in detail, however, what jury instructions should be given at the petitioner's trial on remand. We stated that when evidence of self-defense is presented, the jury should be "simply informed that the State has the burden to prove absence of self-defense beyond a reasonable doubt." ROBERTS, at 346. The opinion did not state whether failure to so instruct would be reversible error; it merely stated that the instructions "should be" given on remand. In STATE v. KING, 92 Wn.2d 541, 599 P.2d 522 (1979), the issue was whether the failure to instruct specifically on the burden of proof of self-defense was reversible error. The trial court had instructed the jury that to convict the petitioner, it must find beyond a reasonable doubt that the killing was not "EITHER EXCUSABLE OR JUSTIFIABLE". KING, at 544. The court also had instructed that a killing done in self-defense was justifiable. KING, at 544. This court held that these instructions, when read together, adequately allocated the burden of proof to the State; under these circumstances a specific instruction allocating the burden was unnecessary. SEE KING, at 546. We employed a similar analysis in STATE v. HANTON, 94 Wn.2d 129, 614 P.2d 1280, CERT. DENIED, 449 U.S. 1035, 66 L. Ed. 2d 497, 101 S. Ct. 611 (1980). There we reversed petitioner's conviction because the trial court had instructed the jury that the defendant bore some burden of proving self-defense. HANTON, at 131. We also stated that on remand, the trial court need not give a separate instruction specifically informing the jury that the State bore the burden of proof on self-defense. HANTON, at 134. We reasoned that the jury could infer from the definitions of recklessness and self-defense that the burden of disproving self-defense was on the State. Finally, in STATE v. SAVAGE, 94 Wn.2d 569, 618 P.2d 82 (1980), we again considered whether failure to instruct specifically on the burden of proof constituted reversible error. In SAVAGE, as in KING, the jury was instructed that to find the petitioner guilty of second degree murder, it must find that the killing was not justifiable or excusable. SAVAGE, at 581. The jury was also instructed that a killing done in self-defense was justifiable. As in KING, we held that under these circumstances the failure to allocate specifically the burden of proof was not error. The analysis in SAVAGE differed slightly from KING, however. Whereas in KING we said that the instructions did allocate the burden to the State, in SAVAGE we said that the instructions "allowed the defendant to argue to the jury that the State bore the burden of proving absence of self-defense." COMPARE SAVAGE, at 582, WITH KING, at 546. We reconsidered these cases in STATE v. MCCULLUM, 98 Wn.2d 484, 656 P.2d 1064 (1983). There we gave guidelines to be used by the trial court on petitioner McCullum's new trial and by other courts in "future cases". MCCULLUM, at 498. We stated that failure to give an instruction that expressly allocates the burden of proof to the State will not necessarily be reversible error, but that giving such an instruction would be "preferable in order to avoid any confusion by the jury on burdens of proof." (Citation omitted.) MCCULLUM, at 499. We relied primarily on UNITED STATES v. CORRIGAN, 548 F.2d 879 (10th Cir. 1977). In that case the court stated: "[T]he importance of avoiding any confusion concerning the burden of proof on [self-defense] is apparent. The inclusion of a specific statement of the burden of proof in the defense instruction is preferable. Its omission, however, is not reversible error PER SE. THE QUESTION IS WHETHER THE INSTRUCTIONS, TAKEN AS A WHOLE, ADEQUATELY INFORMED THE JURY THAT PROSECUTION'S BURDEN OF PROOF BEYOND A REASONABLE DOUBT APPLIED TO DEFENDANT'S [SELF-DEFENSE CLAIM]. (Italics ours.) CORRIGAN, at 882. This is what was meant in MCCULLUM; a specific instruction is preferable, but failure to provide one is not reversible PER SE so long as the instructions, taken as a whole, make it clear that the State has the burden. We adhere to this reasoning. The jury should be informed in some unambiguous way that the State must prove absence of self-defense beyond a reasonable doubt. The defendant is entitled to a correct statement of the law, and should not be forced "TO ARGUE to the jury that the State [bears] the burden of proving absence of self defense." (Italics ours.) SAVAGE, at 582. Rather, the defense attorney is only required to argue to the jury that the facts fit the law; the attorney should not have to convince the jury what the law is. Thus, contrary to what was said in HANTON, we now believe that the better practice is simply to give a separate instruction clearly informing the jury that the State has the burden of proving the absence of self-defense beyond a reasonable doubt. SEE ROBERTS, at 346. [3] From the above discussion it should be clear that MCCULLUM was not intended to be a decision in which retroactivity was at issue. The question in each case is whether the trial court committed error in its instructions to the jury. In resolving this question, the test is whether the jury was informed, or could understand from the instructions as a whole, that the State bears the burden of proof on self-defense. In this respect MCCULLUM is not a drastic departure from KING or HANTON. The real import of MCCULLUM was to express our strong preference for clear and unambiguous instructions on the burden of proof, so that the issue of the adequacy of instructions would arise less frequently. With the above analysis in mind we turn to the instructions in this case. As noted above, the trial court instructed that "to convict" the defendant, the jury must find (1) that the defendant "knowingly assaulted" the victim; (2) that the acts occurred in Clark County; and either (3) that the assault was committed with intent to rape, or (4) that the defendant "knowingly inflicted grievous bodily harm". Clerk's Papers, at 49. The court further instructed the jury that the State must prove beyond a reasonable doubt elements 1 and 2, and either element 3 or 4. Immediately following this, the court instructed: Clerk's Papers, at 49. We believe that these instructions, when read together, did not adequately inform the jury that the State must prove absence of self-defense. Unlike HANTON, KING, and SAVAGE, the jury was not told in the "to convict" instruction that the force used must be unlawful, wrongful, or without justification or excuse. In addition, from the placement of the self-defense instruction immediately AFTER the instruction listing the elements that must be proved by the State, the jury could have believed by negative inference that the State had no burden with respect to self-defense. Other state courts have reached similar conclusions. In STATE v. MCNULTY, 60 Hawaii 259, 264, 588 P.2d 438 (1978), the court stated: "In failing to specifically allocate the burden of disproving self-defense to the state, the instructions could have permitted the jury to believe that the appellant, having raised the issue of justification, was obligated to prove it. The Supreme Judicial Court of Massachusetts similarly held an instruction informing the jury that it must convict the defendant, "[u]nless you find" that the defendant acted in self-defense, affirmatively placed the burden of proof on the defendant. CONNOLLY v. COMMONWEALTH, 377 Mass. 527, 387 N.E.2d 519, 523 (1979). SEE ALSO BERRIER v. EGELER, 583 F.2d 515, 517 (6th Cir.), CERT. DENIED, 439 U.S. 955, 58 L. Ed. 2d 347, 99 S. Ct. 354 (1978) (failure to allocate burden to the State "implies that the defendant must prove his claim of self-defense"); STATE v. TORRES, 619 P.2d 694, 695 (Utah 1980) (failure to instruct "that the defendant need not prove his defense" is reversible error). A reasonable juror could have mistakenly believed that the State need not disprove self-defense, and that the defendant bore some burden of proof on this issue. The trial court's failure to inform the jury of the State's burden was therefore error. [4] It remains to be determined whether the error was harmless. As we noted in STATE v. JOHNSON, 100 Wn.2d 607, 674 P.2d 145 (1983), the United States Supreme Court has not decided whether instructional errors of the sort here can ever be considered harmless. SEE CONNECTICUT v. JOHNSON, 460 U.S. 73, 74 L. Ed. 2d 823, 103 S. Ct. 969 (1983) (four Justices concluding that error is harmless only when element of crime is not disputed; four Justices concluding that error may be harmless under the overwhelming evidence test). In STATE v. JOHNSON, SUPRA, we also noted that this court and the United States Supreme Court "have vacillated between two alternative approaches: (1) constitutional error is harmless only if it can be said beyond a reasonable doubt that it did not contribute to the verdict (hereinafter 'contribution test'); and (2) constitutional error is harmless whenever it can be said beyond a reasonable doubt that the evidence not tainted by the error is so overwhelming that it NECESSARILY leads to a finding of guilt (hereinafter 'overwhelming evidence test')." JOHNSON, at 621. We declined to choose between these two approaches in JOHNSON because we found the errors harmless under either test. In this case, we also decline to choose between the contribution test and the overwhelming evidence test, because under either test the error cannot be considered harmless. The jury could have believed the defendant had to persuade them that he acted in self-defense. We cannot say beyond a reasonable doubt that this confusion did not "contribute" to the jury's verdict. Similarly, we cannot say beyond a reasonable doubt that, absent the erroneous instruction, the jury would necessarily have returned a guilty verdict. The crucial issue in this case was self-defense. Both the State and the defense presented some evidence to support their version of the events in question. Although petitioner's self defense claim may appear doubtful in this case, this court will not substitute its judgment for that of the jury on factual matters. We therefore cannot say that the instructional error was harmless beyond a reasonable doubt. We reverse petitioner's conviction and remand for a new trial. On remand the jury should be instructed on the definition and elements of self-defense. The jury then should be instructed that the State bears the burden of proving the absence of self defense beyond a reasonable doubt. Finally, since we hold that self-defense is inconsistent with one of the statutory elements of assault, the jury should be instructed that the State sustains its burden if it proves beyond a reasonable doubt each of the elements of the crime as defined by the statute. STATE v. MCCULLUM, 98 Wn.2d 484, 500-01, 656 P.2d 1064 (1983). CONCURRING JUDGES: Rosellini, Stafford, Utter, and Pearson, JJ., concur. AUTHOR OF DISSENTING OPINION: Dolliver, J. (dissenting) - DISSENTING OPINION: Because I find self-defense does not negate the mental state element of knowledge required by the second degree assault statute, RCW 9A.36.020(1)(b), nor does the statute define absence of self-defense as an element of the offense, I dissent. Whether the State or the defendant bears the burden of proving self-defense is a reoccurring issue in Washington, as well as throughout the nation. SEE STATE v. MCCULLUM, 98 Wn.2d 484, 656 P.2d 1064 (1983); STATE v. SAVAGE, 94 Wn.2d 569, 618 P.2d 82 (1980); STATE v. HANTON, 94 Wn.2d 129, 614 P.2d 1280, CERT. DENIED, 449 U.S. 1035 (1980); STATE v. KING, 92 Wn.2d 541, 599 P.2d 522 (1979); STATE v. ROBERTS, 88 Wn.2d 337, 562 P.2d 1259 (1977). While a number of jurisdictions place the burden of proof on the State, see majority opinion, at 616 n.2, others have taken a contrary position: THOMAS v. ARN, 704 F.2d 865 (6th Cir. 1983); CARTER v. JAGO, 637 F.2d 449 (6th Cir. 1980); BAKER v. MUNCY, 619 F.2d 327 (4th Cir. 1980); FRAZIER v. WEATHERHOLTZ, 572 F.2d 994 (4th Cir. 1978); THOMAS v. LEEKE, 547 F. Supp. 612 (D.S.C. 1982); STATE v. WINTER, 109 Ariz. 505, 513 P.2d 934 (1973); RICHARDS v. STATE, 152 Ga. App. 201, 262 S.E.2d 469 (1979); STATE v. SUNDAY, 187 Mont. 292, 609 P.2d 1188 (1980); STATE v. FISCHER, 183 N.J. Super. 79, 443 A.2d 249 (1981); MCCULLOUGH v. STATE, 520 P.2d 820 (Okla. Crim. App. 1974); STATE v. FINLEY, 277 S.C. 548, 290 S.E.2d 808 (1982); MCGHEE v. COMMONWEALTH, 219 Va. 560, 248 S.E.2d 808 (1978); STATE v. BELCHER, 245 S.E.2d 161 (W. Va. 1978). SEE GENERALLY Annot., HOMICIDE: MODERN STATUS OF RULES AS TO BURDEN AND QUANTUM OF PROOF TO SHOW SELF-DEFENSE, 43 A.L.R.3d 221 (1972 & Supp. 1983). Recent pronouncements from the United States Supreme Court indicate states are free to determine burden of proof rules so long as the state is required to prove every element of an offense beyond a reasonable doubt. ENGLE v. ISAAC, 456 U.S. 107, 120, 71 L. Ed. 2d 783, 102 S. Ct. 1558 (1982); PATTERSON v. NEW YORK, 432 U.S. 197, 201, 215, 53 L. Ed. 2d 281, 97 S. Ct. 2319 (1977). "Proof of the nonexistence of all affirmative defenses has never been constitutionally required". PATTERSON v. NEW YORK, SUPRA at 210; whether self-defense is an element of a crime and must be negated by the prosecution "may depend, at least in part, on the manner in which the State defines the charged crime." ENGLE v. ISAAC, SUPRA at 120. Self-defense under the common law has traditionally been considered to be an affirmative defense which the defendant had the burden to prove. PATTERSON v. NEW YORK, SUPRA at 211. SEE LaFond, THE CASE FOR LIBERALIZING THE USE OF DEADLY FORCE IN SELF DEFENSE, 6 U. Puget Sound L. Rev. 237, 255 (1983); Note, BURDENS OF PERSUASION IN CRIMINAL PROCEEDINGS: THE REASONABLE DOUBT STANDARD AFTER PATTERSON v. NEW YORK, 31 U. Fla. L. Rev. 385, 389 (1979). Self-defense does not cancel out the existence of some required element of the crime nor does it negate any element of the crime. W. LaFave & A. Scott, CRIMINAL LAW 46-47 (1972). Instead, self defense is a justification which bars the imposition of criminal liability. Thus, defendants need not argue they lack the requisite mental state of culpability or that the "victim" is harmed other than as a result of their actions. Rather, the defendant will claim "the existence of circumstances which, in the eyes of the law, make the killing a justifiable one on policy grounds." W. LaFave & A. Scott, SUPRA at 48-49. Self-defense under RCW 9A.16.020(3) is defined as: " The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases: (3) Whenever used by a party about to be injured . . . in preventing or attempting to prevent an offense against his person . . . in case the force is not more than is necessary[.] Acosta was convicted under the second degree assault statute, RCW 9A.36.020(1)(b), which provides: " Every person who, under circumstances not amounting to assault in the first degree shall be guilty of assault in the second degree when he: . . . (b) Shall KNOWINGLY inflict grievous bodily harm upon another with or without a weapon . . . (Italics mine.) The jury was instructed as to the element of knowledge by the following instruction: " A person knows or acts knowingly or with knowledge when: (1) he or she is aware of a fact, facts or circumstances or result described by law as being a crime; or (2) he or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by law as being a crime. Acting knowingly or with knowledge also is established if a person acts intentionally. SEE RCW 9A.08.010(1)(b). To ascertain whether the absence of self-defense is an element of second degree assault it must be determined whether (1) the statute reflects a legislative intent to treat absence of a defense as one of the elements of the offense charged, or (2) one or more elements of the defense negates one or more elements of the offense. STATE v. MCCULLUM, SUPRA at 490. The Washington Legislature in drafting and adopting its new criminal code, Laws of 1975, 1st Ex. Sess., ch. 260, intended self-defense to justify criminal activity, not to negate an essential element of a crime. The Legislature's silence on the burden of proof of self-defense, WPIC, Introd. to Pt. 4 DEFENSES, 11 Wash. Prac. at 100 (1977), evidences an intent not to add another element to second degree assault. Moreover, the placement of the "crimes" and "defenses" in separate code sections indicates a legislative objective to distinguish these definitions. With the absence of a legislative intent in the statute the next question is whether a finding of self-defense negates any element of the crime. Prior to MCCULLUM, all three divisions of the Court of Appeals agreed self-defense did not negate an element of a crime. SEE STATE v. TAKACS, 31 Wn. App. 868, 874, 645 P.2d 1109 (1982) (Division One), REMANDED, 99 Wn.2d 1010, AFF'D, 35 Wn. App. 914, 671 P.2d 263 (1983); STATE v. ACOSTA, 34 Wn. App. 387, 388-89, 661 P.2d 602 (1983) (Division Two); STATE v. STRAND, 20 Wn. App. 768, 778, 582 P.2d 874 (Division Three), REVIEW DENIED, 91 Wn.2d 1005 (1978). BUT SEE STATE v. LEBLANC, 34 Wn. App. 306, 660 P.2d 1142 (Division Three), REVIEW DENIED, 100 Wn.2d 1021 (1983). In TAKACS the court reasoned that simply because a person acts in self-defense does not mean that same person cannot be acting with the requisite knowledge. "The State is not required to prove that the defendant knew he was committing the crime of assault in the second degree; rather, the State is required to prove that the defendant knew he was inflicting grievous bodily harm, which is described by law as being a crime. In a prosecution for assault in the second degree, the accused is not put into the position of disproving the element of knowledge by showing that he or she was acting in self-defense. Therefore, proof of self-defense does not negate the mental state element in assault in the second degree, and due process does not require the State to bear the burden of proving the absence of self-defense beyond a reasonable doubt. STATE v. TAKACS, 31 Wn. App. at 874, MODIFIED, 35 Wn. App. at 919. In STRAND the court adopted the language and reasoning of STATE v. BRUCE, 19 Wn. App. 392, 393-95, 576 P.2d 1324 (1978). Both courts found "the instruction on self-defense does not shift the burden to the defendant to disprove any fact essential to second degree assault because the defense of self-defense bears no direct relationship to any element of second-degree assault. STATE v. STRAND, SUPRA at 778 (quoting STATE v. BRUCE, 19 Wn. App. at 395). SEE ALSO WPIC 17.02, 11 Wash. Prac. at 41 (Supp. 1982). The Court of Appeals in STATE v. ACOSTA, 34 Wn. App. 387, 661 P.2d 602 (1983) relied on the fact that self-defense "is an affirmative defense, not because it negates the knowledge element of second degree assault, but because it justifies the assault." STATE v. ACOSTA, SUPRA at 390. I believe this reasoning is not only highly persuasive but a better statement of the law than that propounded by the majority. Furthermore, the reasoning and result of MCCULLUM are not apposite to this case. While proof of self-defense negates "premeditated" intent, this is not true for the element of knowledge. To act with knowledge a person must only be AWARE a particular result is practically certain to follow from one's conduct. Any INTENTION as to the result is irrelevant. UNITED STATES v. BAILEY, 444 U.S. 394, 62 L. Ed. 2d 575, 100 S. Ct. 624 (1980); UNITED STATES v. UNITED STATES GYPSUM CO., 438 U.S. 422, 445, 57 L. Ed. 2d 854, 98 S. Ct. 2864 (1978). The "result" that follows under the second degree assault statute is "grievous bodily harm upon another". There is no requirement that the person INTEND the result described by the statute defining the offense as is required by the first degree murder statute, RCW 9A.32.030(1)(a). To be AWARE of the result is enough. Thus, the claim of self-defense does not negate the knowledge element of the crime. Consequently, it is possible to commit second degree assault and have the requisite element of "knowledge", but not be held culpable because of self-defense, STATE v. ACOSTA, SUPRA at 390. SEE STATE v. TAKACS, SUPRA at 874; STATE v. STRAND, SUPRA at 778; STATE v. ATKINSON, 19 Wn. App. 107, 115, 575 P.2d 240 (1978). While defendants may prove "justification" for their actions under RCW 9A.16, here Acosta, although able to produce evidence of self-defense, was not able to convince the jury his actions were justifiable. The record substantiates the position of the jury. Since evidence of self-defense does not negate knowledge, the State does not bear the burden of proving the absence of self defense in a second degree assault charge. In MCCULLUM we modified existing case law and stated that once the issue of self-defense is properly raised "[t]he jury then should be instructed that the State bears the burden of proving the absence of self-defense beyond a reasonable doubt." STATE v. MCCULLUM, SUPRA at 500. This rule is applicable in first degree murder cases where we have held self-defense negates an element of the crime. It is not applicable where, as in this case, self defense does not negate an element of the crime. In these circumstances I would hold the trial court need not instruct on the burden of proof for self-defense so long as the theory of the case can be fully argued by the defendant. SEE STATE v. SAVAGE, 94 Wn.2d 569, 582, 618 P.2d 82 (1980). "If sufficient evidence is presented to raise an issue of self-defense, the court need only instruct on it without allocating the burden of proof." STATE v. MCCULLUM, SUPRA at 506 (Dimmick, J., dissenting). Acosta was able to present fully his self-defense theory to the jury. The jury was fully instructed as to the elements of the crime and that self-defense was a "complete defense". The failure of Acosta's defense to convince the jury he acted in self-defense resulted in his conviction. The denial of a jury instruction requiring the State to prove the absence of self-defense had no prejudicial effect on the outcome of the case. CONCURRING JUDGES: Brachtenbach, Dore, and Dimmick, JJ., concur with Dolliver, J. POST-OPINION INFORMATION:	cc/2023-06/en_head_0064.json.gz/line25
__label__wiki	0.568648	0.568648	STRANGER: Gretchen Auer LOCATION: Ta Cocina, 714 9th Avenue, New York City THEME: Big fan of the Big Apple Like the saying on one of those t-shirts with the love hearts you can find from any street vendor in Manhattan, Gretchen Auer hearts New York. Gretchen, born and raised in Ohio, long harbored a desire to move to the Big Apple and over the course of a Sunday morning brunch in Hell’s Kitchen told me about achieving that goal. We met at Ta Cocina, a brightly-decorated Mexican restaurant. I was running late and Gretchen already had a table. She was mercifully nonplussed about my tardiness, which I put down to a combination of late-running subway trains and general incompetence. Whether that incompetence was mine or the Metropolitan Transportation Authority’s, I’ll leave you to decide. After ordering the first of several mimosas — $10 for an unlimited hour’s worth of the delicious champagne and orange juice drinks, woohoo! — we began the latest dinner with a stranger (it was really brunch with a stranger, but never mind). Gretchen’s from Ohio, born in Coshocton and went to high school in Dayton. She graduated from Ohio State (OH-IO!) with an English degree but “I didn’t know what I wanted to do” so she spent a year working overseas, including time as a waitress in Ireland and a stint in London working for Laura Ashley, which makes a “range of home furnishings, women’s and children’s clothes, flowers and gifts,” according to the company’s handy self-description. Her work permit expired, then “I got convinced that San Francisco would be a good idea” because her brother had moved there the year before. Despite Gretchen’s strong desire to move to New York City — “I really wanted to come here” — her parents convinced her to try the city by the bay. She hated the hot and humid weather in Ohio and her folks suggested that the weather in New York wouldn’t be much better, whereas on the West Coast it would never get above 70 degrees or below 50 degrees. So in the end, San Francisco was her first port of call. Gretchen said “you have to live in a city for at least a year to figure out if it’s right for you” and even though 12 months later she knew San Francisco wasn’t her preferred place, she stayed there for three-and-a-half years. By this point in her career she was getting more involved with interior design work, following on from her time with Laura Ashley. “I figured there was no other place to be for the interior design field but New York, so I transferred my job” and that’s how she finally ended up in her dream city in 2001. As with any move there was upheaval, and for Gretchen this came in the end of a relationship with a guy she’d been dating in San Francisco for two years. “I probably started breaking up with him after the first few months,” she said, but it took the move to the East Coast to seal the deal. “If you really want to end a relationship I highly recommend living on the other coast, that will do it.” Gretchen arrived in New York shortly before the Sept. 11, 2001, terrorist attacks, and was living on Canal Street near Ground Zero at the time it happened. “I just got out of San Francisco before what I was sure would be a major earthquake any minute that would be really bad, I get here and then [the attacks] happen.” Shortly after, she decided to move uptown to get away from the area. Gretchen was working at a job that she realized couldn’t support living in the city, so she started scouting around for part-time work. In that process, she found “what I thought would be a better full-time job, even though I wasn’t looking for it.” That job was, and still is, with Stark Carpet, which sells high-end Italian rugs and carpets. While the name “stark” doesn’t exactly inspire images of lavish furnishings, Gretchen says what’s on offer is quite the opposite of bland. She works in the showroom, and loves the diversity of the job: sometimes making appointments with clients, out on site visits to furnishing jobs and checking in with clients, and, “It’s not like I’m sitting at my desk all the time doing one thing.” Good job, dream city — Gretchen found New York to be everything she hoped for. Even better, “it’s not as expensive as everyone makes it out to be. Like this brunch,” she said, which lets me make a semi-tenuous connection to reviewing the food at Ta Cocina. Gretchen found a great place for our meal. The food is your standard Mexican fare (burritos, quesadillas) but tasty and cheap. Gretchen ordered her favorite dish at the restaurant, the breakfast burrito for $9.95. She got a very generous portion that was more than enough for one sitting, so she took the rest home. I ordered the chicken quesadilla which also cost $9.95. I thought the price tag was perfect for what was a simple but well-done meal. With the $10 mimosas thrown in, the total after tax and pre-tip came to $32.40. Perfect for two people on Sunday brunch, and definitely a place I would consider again next time I’m looking for an inexpensive breakfast or lunch in Manhattan. Ta Cocina is just one of several favorite places Gretchen likes to dine at in New York, and she is a fan of the restaurant experience. “I don’t understand take out, part of the experience” is the ambiance of a restaurant, she said. And many of her favorite places are cheap, an added bonus. The expense of New York City is what you make it, Gretchen said, and she manages to find inexpensive dining spots and activities. She even has a reasonable argument about the typically high Manhattan rents: that while the price tag for a small apartment might seem a lot, there’s no need for a car. So if you subtract what someone in another city would be paying for insurance and petrol, you arrive at “what would be a normal rent elsewhere,” she said. “New York is really cool. There’s so much to do” Gretchen lives in an apartment without a dining room — another reason she likes to dine out — but she loves the fact her place has a “decadent walk-in closet that has become a dressing room. It’s so over-the-top” with fittings including a 5ft by 6ft handmade Italian mirror, “and it’s a great space to sit and stand, and have people come and hang out in my closet. We can play dress-up and drink in my closet before going out on a Saturday. It’s really fun.” She even loves the walk to work, because every day her route includes the sights and sounds of Times Square. “It’s really cool. Maybe you have to be a girl from Ohio to appreciate walking around there. I don’t even take advantage of all that’s here. There’s so much to do.” And what does she do in her spare time? She just joined a chapter of Business Network International, a “hardcore” networking group that meets at 7am every Wednesday for breakfast, where people mingle, talk, try to get referrals for business and look for others who may need their services. I’m dead to the world anytime before the clock hits 8am, but Gretchen said, “It’s not getting up that’s the problem. It’s 2pm, that’s the problem, when you realize you’ve been up forever. But the group is fun, and I like the people in it. It’s nice for an hour to talk positively about my business and moving things forward, and then I am usually more focused and motivated when I’m at work.” She also likes going to see shows in the city — in fact, she’d been to a performance by electroclash duo Fischerspooner the previous night — and generally seeing the sights that New York City has to offer. And while her agenda doesn’t usually include Central Park, Gretchen said that taking a boat out on the lake in the park is a pleasant, relaxing experience. It’s pretty obvious Gretchen loves New York and is delighted to be living there. But she still retains that stereotypical Midwestern lack of pretension, and she definitely notices a difference in attitude after experiencing service in the city. “I’d want to hire Midwesterners or Southerners, because in Ohio they’re much nicer” than some of the service in Manhattan. After my recent visit to Brooklyn and a dinner with a stranger at AOC Bistro — a place where apparently customer service is a foreign concept — I can see where Gretchen’s coming from. Hey, look at that, I managed to wrap up this article and link to another one. Go me! One thought on “#8 She Loves New York” Richy September 2, 2022 Reply Hey grechen are u still alive it’s been a while here in the city. You know lots have happened around town. I’m going to get my scarecrow out for this Halloween I hope yours will be as spooky as well. I really feel like I have met you before maybe in another life now u take care of soul of your there in ny	cc/2023-06/en_head_0064.json.gz/line27
__label__wiki	0.829744	0.829744	The original item was published from 2/2/2022 9:59:34 AM to 10/25/2022 9:46:48 AM. [ARCHIVED] Mayor Seils Proclaims Black History Month in Carrboro Mayor Damon Seils has declared Black History Month in Carrboro this February. “I encourage all residents to participate in local Black History Month events and to learn about and celebrate the lives, history, and contributions of Black people during this month and throughout the year,” Mayor Seils said. Local celebrations this year will include a reenactment of one of Frederick Douglass’s last great speeches, “The Lessons of the Hour,” followed by a panel discussion at the Carrboro Century Center from 6 to 8 p.m. Thursday, Feb. 10. The proclamation recognizes that Black people have played and continue to play significant roles in Carrboro’s economic, cultural, spiritual, and political development. It further recognizes the Town of Carrboro’s commitment to advancing racial equity. The Town joined the Government Alliance on Race and Equity (GARE) in 2018, and in 2019 established a Racial Equity Core Team of employees who are leading the way toward an equitable systems change across the organization. Find out about more actions taken by Carrboro, in the proclamation linked below. View Black History Month events occurring in Carrboro at http://townofcarrboro.org/CivicAlerts.aspx?AID=2002 View events around the Triangle at https://triangleonthecheap.com/black-history-month/ Read the full proclamation about Black History Month in Carrboro at https://townofcarrboro.org/DocumentCenter/View/10575/Black-History-Month-Proclamation-2022	cc/2023-06/en_head_0064.json.gz/line34
__label__cc	0.648938	0.351062	Home Our Blog Thousand Islands, Ontario, Canada Thousand Islands, Ontario, Canada tvail December 28, 2019 January 3, 2020 Sunrise in the Thousand Islands 08/04/19 – 08/13/19 (Remember you can click on the pictures to enlarge them.) We were excited to begin exploring the Thousand Islands with whatever time we could spare before making our way back to the US. We had heard from several cruising friends how beautiful it was. The Thousand Islands area really encompasses more than 1,000 islands. We heard it was more like 2,000, with another 1,000 just below the surface. Part of the region was in Canada, with the southern islands in the US. The water was still high in the area, (the St. Lawrence Seaway was the highest ever, topping the mark set in 2017) and though most docks were usable, some were still underwater. Through friends Steve and Di, we planned to meet their 20+-year friends, Jack and Ruth Keeler, who owned a house on Howe Island with a dock at which they used to park their 44’ DeFever plus room for several other boats. They even had 30A power we could use! We looked forward to meeting them. Before leaving our anchorage in Navy Bay, we dinghied to Cedar Island to explore. A 25-minute hike took us around the island, through the campground, and up to the Martello on the hill. There was a beautiful view of the water and of Fort Henry (see Kingston blog). Upon our return to the boat, we discovered the naval students from the Royal Military College of Canada were out in full force learning sailing skills. There were 50 sailboats, with 2 sailors per boat. The wind was brisk, maybe 10-12 mph, and we watched many capsize. Weaving through them on our way out of the bay was a little too exciting. In addition, cannons were being fired from the fort above, making it all a bit unnerving. We were glad when that was all behind us. It was only a 90-minute cruise to the Keller’s dock. Along the way, we noticed how much bigger and more substantial most of the docks in front of the beautiful houses (“cottages”) were than what we had seen before. Many had room for 3-5 boats. About 5 minutes before we arrived at Keeler Landing, we called Frank, and he was waiting on the dock, ready to direct us in. There was a shallow spot we had to avoid and he gave great directions. Perfect landing. We went up to the house to meet Ruth, who, unfortunately, was battling cancer and unable to come down the steep steps. (Please pray for her healing.) What lovely people they were – so generous and welcoming and we talked quite a while about their boating experiences and memories. We picked their brain about the Bahamas, a future destination for us, we hoped. (Note the chart of the Bahamas on the wall behind them.) They had taken their boat there 19 winters! Though we wanted to provide supper for them on our boat, instead Ruth cooked a delicious meal for us and we dined in their beautiful house, which Ruth designed. They also helped us plan some more Thousand Island destinations for the coming days. It was really helpful! The next morning, we took a walk around their beautiful island, said our goodbyes, and continued north. When we arrived at the Town of Gananoque (pronounced “gan-an-ah-quay”) Municipal Marina at 10:00, we were told we could not dock until noon so we hung out in an anchorage nearby. As we had experienced in Navy Bay, the anchor came up with a huge ball of mud and grass, requiring more than just a few minutes to free the anchor from the entanglement (see picture right; the grass ball is so huge you can’t even see the anchor at the bottom of the chain). Gananoque, more commonly called “Gan” by to the locals, was a small town of 5,200 winter residents (with many more enjoying summers there). The marina was within walking distance of everything we needed. Around town, there were beautiful murals – one of the people attending the church in Half Moon Bay, which we later attended. We made plans right away to take the Gananoque Boat Line tour to Boldt Castle. Though we could have taken our boat there, we decided we would enjoy hearing the history of the islands enroute with the commercial tour. Leaving the driving to someone else, we really enjoyed the cottages enroute, especially “Millionaire’s Row.” Almost every island big enough to build a house on it had one. We passed a tall observation tower we were told had a great view of the Thousand Islands region. And we went under the international Thousand Island Bridge which had 5 spans over the water and joined the Canadian islands with those in the US. A 5’ statue of St. Lawrence was atop the cliffs of Ivy Lea located just east of the bridge. There was one cottage with a walkway bridge to its adjacent island, supposedly with the house in Canada and the bridge to the island in the US. If the couple had a spat, one of them could leave the country until things settled down! George Boldt immigrated to the US from Prussia alone at the age of 13. With excellent organizational skills, daring, and imagination, he became the most successful hotel magnate in America, managing and profit-sharing at the Waldorf-Astoria in NYC. In 1876, George was appointed steward of the Clover Club in Philadelphia and William Kehrer, steward of the Philadelphia Club asked George, 28, to come work for him. There he met Louise Clover, 14, already very experienced in hotel management. Love blossomed and in 1877, they married. They had 2 children, George Jr, and Louise Clover. Here’s their love story (but don’t read it yet; read it after you finish the next 2 paragraphs). They eventually opened their own hotel. George was the first to say, “The customer is always right,” and made restaurant visits popular when having guests to one’s home was considered the “right way” to entertain, and was the first hotel with room service. With visits to the Thousand Islands, they fell in love with the area and purchased 6 islands and over 3,000 acres, the largest being Wellsley Island. Thousand Island dressing and the Waldorf salad are attributed to the Boldts. Boldt Castle was built by George on Hart Island (which he renamed Heart Island, and slightly modified the island into the shape of a heart) as a love present to his cherished and beloved wife of 26 years. George spared no expense to build the love of his life a castle fit for a princess. Beginning in 1900, 300 workers labored 4 years, spending $2.5 million. Hearts, as well as clover motifs, abounded in the structure. The rockwork, from a quarry George purchased on an island nearby, was beautiful. Each stone was hand cut and reportedly not one of them had to be recut after being transported to Heart Island. Sadly, Louise died suddenly. That day, workers were told to leave the property and George reportedly never returned to the island. After George’s death, their children sold the estate to Edward Noble, Beechnut owner and inventor of lifesavers who opened it up for tours. However, he did nothing to maintain it and, in disrepair, it became the property of the Thousand Island Bridge Authority. Over the past 26 years, they have spent over $32 million to restore and complete the castle, bringing much tourism to the Thousand Islands; 200,000 people visit Boldt Castle annually. The estate is now worth $20 million. There was a wonderful free Boldt Castle app to download and we listened to information as we wandered from room to room in the castle. It was originally to have 127 rooms (including 30 bathrooms) to accommodate 100 guests on 6 floors. Floors 3 and 4 were open to the public, unrestored, to show the disrepair of the whole castle when restoration began. A beautiful stained-glass dome included hearts and clovers. George and Louise loved to entertain. Guests entered by boat through a peristyle archway. There were at least 6 other structures on the island, including the powerhouse, bird aviary, a gazebo, shell fountain, and the “playhouse” for adults (with a bowling alley and pool room). Gardens sIMG_1024urrounded the castle, and we really appreciated the lovely Italian Garden. On an adjacent island was their boathouse with some of George’s 60 boats, including a 104’ houseboat. Unfortunately, due to high water, we were not allowed to visit the boathouse. That evening, we were invited to the condo of the Gananoque AGLCA Harbor Host for “docktails,” only not on a dock. We enjoyed a visit with Jim and Lesley who had recently moved into this lovely space overlooking the marina, along with Anton Pachkine, a fellow DeFever owner and Looper who was docked next to us. Jim and Lesley were Gold Loopers themselves and we admired the 3 books they had published of their journey. We have often been asked if we were going to write a book on the Great Loop. Our answer was always, “No.” But, these books were their blogs in bound form and they were beautiful. After seeing theirs, we thought, “We might do that!” Ashley kindly gave us homemade butter tarts (a Canadian delectable) to take back to the boat with us. While in Gananoque, we enjoyed the 1000 Islands History Museum, the Woodchuck Gallery (with beautiful fine art), and Confederation Sculpture Park, one of the largest outdoor contemporary art parks in Ontario. On Thursday morning we loaded up the scooter (Anton’s boat on the left) and headed NE though the Canadian Middle Channel with a good push by the current in the St. Lawrence Waterway, seeing speeds of up to 10.3 mph. Late morning, we saw a border patrol zip by us. About 10 minutes later, they pulled up beside us and asked to board. Onboard was a Canadian police officer and also a Canadian Customs official. They wanted to see some documentation and check life jackets and the like. When they ran a search on their database, they asked Tom if he had ever used a different middle name. Seems there is a bad guy Tom Vail with the same exact birthdate as Tom…only a different middle name. Apparently, he lives in Florida. After about 30 minutes, they were gone. We cruised north for 14-miles to anchor in Club Island Bay, a quiet spot amongst a few cottages, docks, and boats. A thunderstorm was forecast but turned into a severe weather watch (mostly west of us) in the early afternoon. One storm passed with rain and winds about 20 mph but our anchor held secure and we had a lazy day on the boat. When we arrived at 12:25 at the Brockville Municipal Harbor Marina, as the biggest boat in the marina, we were given the primo spot right in front of the office. Even got complimented on our docking (and there was wind)! We quickly walked to get fish and chips to take to the park overlooking the SLW as was suggested to us by Ruth. The couple who took our picture asked where got it and we told them and said we were told it was the best place in town, eh? Ironically, the wife’s mum owned a fish and chips spot in England and we were informed the fish and chips from Manoll’s was better! Oh well. We happened to be at Brockville at the right time, for Ribfest was set up for the weekend! There were different vendors than at the Ottawa Ribfest. We liked Dinosaur Ribs from Little Rock, AR. After we walked the shops in town, we walked through the 1,753’ long Brockville Tunnel. It was the oldest railway tunnel in Canada, and though trains ran through it for over 110 years, it was now open only for walking traffic, with colored lights and historical signs. Afterward, we returned for a rib dinner and ironically ate with a local who the previous year had eaten with folks from AZ. After dinner, we enjoyed a country band before we walked the waterfront and heard 2 college gals play steel drums. They were quite good (click on picture for a sample)! Off and on during the day, we had dark stormy skies, rain, and then increasing wind until there were whitecaps on the river. The next morning, before leaving, we got a few goodies at the farmer’s market. There was still some wind and enroute we had some whitecaps. It was slow going against the strong SLW current, as slow as 4.6 mph with lots of swirling action. We were told near the Thousand Islands Bridge, there was an underwater waterfall, something we had never heard of. Evidently, through this unique narrow section of the river, there were small deep holes that dropped more than 100 feet. This caused essentially underwater waterfalls and the currents were quite pushy with many whirlpools. We manually steered as the autopilot could not react quickly enough. Our destination was Dark Island, on which Singer Castle was located. We had to wait for a docking space but ended up with a primo spot. And because we had to wait so long, they didn’t charge us for the tour! It was the only castle ever completed and inhabited that still existed in the Thousand Islands. It was built by Frederick Bourne of Singer sewing machine fame. All tours of the castle included a guide and we had a very good one, amazingly only a high school senior is his second summer of guiding at the castle. Unlike Boldt Castle, which had been wonderfully restored, Singer Castle had been bought by a European corporation and Paula was distressed by the fact that it was actually deteriorating because of lack of protection – tourists walked on the original carpets, draperies were threadbare, etc. Money was simply being made off of it. (You could even stay overnight with 8 guests.) Nonetheless, we were glad we stopped at their private dock. Intriguing were all the secret passageways for servants who were not to be seen unless needed. Leaving Singer Island, we cruised another hour to anchor off Grenadier Island. Storms were all around and we waited them out before we inflated our kayak and explored the bay. The next day was Sunday, and we were very excited about our plans for the day. Ruth had told us about an afternoon ecumenical church service in Half Moon Bay on the southeast end of Bostwick Island just off Gananoque, which could only be attended via watercraft. We were headed there! We tried to anchor 3 times at Beaurivage Island but could not get the anchor to hold so backtracked to the Rockland Island anchorage. Time was getting close! Success. The anchor held the first time. We hurried to get the dinghy off and were on our way. We were the third boat to arrive in this “church” with the “world’s tallest cathedral ceiling” (the sky) which began in 1887! By 4:00, there were about 10 small craft and we later learned the attendance of 40 was the high for the season. Hymnbooks were distributed from a canoe, a choir led the singing, and the message was delivered by a nun who had entered the novitiate 60 years prior. We’d heard better messages, but praising God in the beautiful crescent-shaped bay by dinghy was a first and will be remembered. Then it was off to reenter the US after 2 months plus 3 days in Canada. We were very sad to leave, both because we loved the people and their beautiful land, but also because it seemed to signal our “summer” was coming to an end. Yes, it was only August, but we were headed south to outrun the cooler weather that would be coming all too soon. Our destination was Clayton, NY, which we had heard about while on the Rideau Canal when we met 3 couples who summered there each year. We couldn’t get into their marina, but within minutes of getting in our slip at the municipal marina, Gary and Connie dinghied over in their new dingy (its maiden voyage) to visit. Tom was busy checking us in with customs via the CBP Roam app and didn’t get much time with them but when we biked over to their marina the next day, we were able to spend a few minutes with all 3 of the couples. Clayton was a town of about 5,000 with many more during the summer months as visitors came to enjoy the Thousand Islands. We easily biked the main area of town and had a wonderful breakfast at Bella’s Café and Bakery. Then it was off to the renowned Antique Boat Museum with the largest collection of antique and classic boats in North America, also the site of the antique boat show. As a matter of fact, that’s really how it began…with a few boaters gathering together who loved to show off their old boats! There was a separate hall for racing boats, one for canoes and skiffs, as well as the workshop where boats were restored. And George Boldt’s 106’ La Duchesse houseboat, purchased and donated by the McNally family, was also open for tours. We spent over 2 hours there and enjoyed it greatly! We walked town, enjoying the shops (especially the River Rat Cheese store) and the many murals in town. Then it was back to the boat to prep for our departure the next day. The forecast for Lake Ontario was for scattered clouds with swells less than a foot. Perfect for crossing a large body of water. Our plan was to retrace our steps southward through the Oswego and Erie Canals to the Hudson River, through NYC, and via the Atlantic Ocean to Cape May, NJ; then up the Delaware Bay and into the Chesapeake, where we would have Life’s TraVails hauled out in Deltaville, VA to inspect, clean, and likely re-paint the bottom and do some other maintenance work before we continued on to FL and the Bahamas for the winter. After that, we anticipated selling our beloved DeFever 44 and ending our cruising. But…the more we cruised, the more we loved it. Only God really knew at this point. Sunset in the Thousand Islands Trent-Severn, Ontario, Canada – Part II Canada to Florida Keys Amy Beckner Bravo, another great blog! The pictures are beautiful and it sounds like you thoroughly enjoyed your trip — with the possible exception of being boarded by the Canadian border patrol!!! Paula Vail Cecilia & Paul Awesome pictures and description of the Thousand Islands area… they remind me of some of my photos from visits to Boldt Castle and Clayton, many years ago. The Brockville ribfest looked fun & yummy, too. 🙂	cc/2023-06/en_head_0064.json.gz/line36
__label__cc	0.644573	0.355427	History Of Gravity Gravity, one of the four main fundamental forces in nature. It is one of the most commonly observed forces in nature and yet it is as still one of the least understood of all forces. Gravity was brought into fame by this famous apple shown above when it garnered enough strength and weight to detach itself from the tree and land on Newton’s head. This triggered his brain cells into thinking what made the apple fall down and thus Newton penned the theory of gravity. The formula of gravity as given by him was: And although he made the theory of gravity in a real short while it took him twenty years to publish it in his book.Why? Because he had to prove that the mass of an object lies at it’s centre and for that he had to develop calculus to such a point that this could be proved. So in a way that apple was responsible not only for the discovery of the theory of gravity but also the the development in the field of calculus. But why did newton have to prove that the mass lies at it’s centre? Take a look at the above picture. Now if you see the formula you would see that given no action of any external forces the two bodies would attract each other with the force that is inversely proportional to the square of the distance between them. But what is the exact distance between them. Because mass can be distributed over a large volume. So if the two bodies touched each other the force of gravity is supposed to be infinite right? Because the surface has mass and the mass is at zero distance from each other. Well that’s what the mass being concentrated at it’s centre means. The force of gravity is taken by calculating the distance between the centres of gravity of two continuous volumes of masses. That way no matter how close or how small or heavy the objects are they would never make the distance zero. Think about it!! This theory was an absolute success as it was a unifying concept that not only explained the free fall of apples towards the earth but also the movement of the planets around the sun and the movement of galaxies and stars! Of course the problem was that nobody including Newton actually understood what gravity was!They knew it was a force but the origin or the behaviour of this force still remains unknown.That’s when Einstein made his epoch making theory of special relativity and also the general theory of relativity. Einstein made a simple observation. He already found that nothing can exceed the speed of light from all frames of reference via his theory of special relativity. Then he put up a thought experiment. He supposed that the sun would suddenly disappear. In that case the force of gravity keeping the earth in it’s orbit around the sun would just disappear too. But the light from the sun takes 8 minutes to reach the earth. So in that case we would still see the sun and yet we would not feel it’s gravity. That leads to the conclusion that the effect of gravity reached the earth faster than the speed of light! But nothing can travel faster than the speed of light. This apparent contradiction led him to modify the theory of gravity a bit. While there was nothing wrong with the magnitude of gravitational force it was the way the gravitational force lines acted that was changed. Einstein said that gravity was the effect of bending the geometry of the space around it that led to the observation of a force acting. Look at the above diagram. Suppose the the black line represents the path along which it is possible to move also called a dimension. If we move both one will travel in a straight line while the other will travel in a bent line. If the lines become invisible it will seem as if the the object on the straight line is under no force but the object moving on the curved line is being pulled by a force that is changing it’s direction. This is exactly what einstein called it. He said gravity bends space in such a way that it seems like a force.His theories were tested and proven multiple times and they were almost always found to be true. He was truly a remarkable genius since he explained a fundamental force through geometry! Now fast forward to the present we have new theories called standard model, string theory etc. However they still find explaining gravity a mystery! Yes what is gravity has been found but what explains it’s origin is still a mystery! While the world might be rejoicing at finding the higgs boson the boson does not explain gravity. And though string theory does predict it , the theory itself is yet to be verified by the scientific community. Of course nowadays newer more expensive equipment are being created which sought to find the elusive particle of gravity called gravitons. And hopefully we will fully gain an in-depth understanding of gravity one day. Maybe one day the unknown apple shall fall on someone’s head again and we shall be saved from the ignorance of that special force called gravity! Relatively relative Posted by AskPhysics at 3:44:00 PM Labels: Albert Einstein, Articles, education, Einstein, General relativity, Gravitation, Inspiration, Isaac Newton, Newton, Physics Blogs, PhysicsFans, Special relativity, String theory	cc/2023-06/en_head_0064.json.gz/line40
__label__wiki	0.714381	0.714381	FYI: Cal App Ct Allows Wrongful Foreclosure Claim Based on Alleged "Faulty Securitization" Arguments The California Court of Appeal, Fifth Appellate District, recently held that a borrower stated a cause of action for wrongful foreclosure, where the borrower alleged that an assignment of his deed of trust was void because the transfer of the loan into an asset securitization trust took place after the closing date of the trust. A copy of the opinion is available athttp://www.courts.ca.gov/opinions/documents/F064556.PDF. A lender extended a loan to a borrower, and the loan was sold and transferred into an asset securitization trust, with servicing apparently retained. The lender was later seized by the Office of Thrift Supervision, and the Federal Deposit Insurance Company ("FDIC") was appointed as receiver. The FDIC transferred the lender's assets and liabilities to another bank (the "bank"). The borrower defaulted on his loan, and the bank instituted nonjudicial foreclosure proceedings. A nonjudicial sale was held. The borrower then filed the instant complaint, alleging numerous causes of action in connection with his claim that the loan was never properly transferred into the asset securitization trust. The bank filed a demurrer, which the lower court sustained. The lower court then entered a judgment of dismissal, and the borrower appealed. On appeal, the Appellate Court focused on the borrower's allegation that the foreclosure was wrongful, in that it was allegedly instituted by a non-holder of the deed of trust. Specifically, the borrower argued that his note and loan were not transferred into the trust prior to its closing date, nor was the assignment or the borrower's deed of trust ("DOT") recorded prior to the same date. Therefore, according to the borrower, the assignment was ineffective, and the foreclosure was therefore initiated by a non-holder of the DOT. The Court noted that it agreed with a recent holding that a valid cause of action for wrongful foreclosure exists where "a party alleged not to be the true beneficiary instructs the trustee...to initial judicial foreclosure." See Barrionueva v. Chase Bank, N.A. (N.D. Cal. 2012) 885 F. Supp. 2d 964, 973. But to assert such a cause of action, the Court stated that "the plaintiff must allege facts that show the defendant who invoked the power of sale was not the true beneficiary." The Appellate Court also addressed the possibility that the borrower might not have standing to challenge the assignment, inasmuch as the borrower was not a party to the assignment. The Appellate Court held that a borrower can challenge an assignment of a note and DOT where the defect asserted would void the assignment, rather than make it voidable at the election of the assignor. With that standard in place, the Court proceeded to examine whether the borrower's allegations -- specifically, that the assignment of the DOT occurred after the relevant asset securitization trust closed -- might render that assignment void. The Appellate Court answered in the affirmative. To reach its conclusion, the Court first noted that the borrower alleged that the trust was formed under New York law. The Court then recited that under New York law, "every sale, conveyance or other act of the trustee in contravention of the trust...is void." New York Estates, Powers & Trusts Law section 7-2.4. Accordingly, the Appellate Court determined that a legal basis existed to conclude that an assignment into a trust after the closing date of that trust would render the act void. Although the Court acknowledged that several courts disagreed with its position, it noted that "we believe applying the statute to void the attempted transfer is justified because it protects the beneficiaries of [the trust] from potential adverse tax consequences..." Based on the foregoing analysis, the Appellate Court held that the borrower "stated a cognizable claim for wrongful foreclosure under the theory that the entity invoking the power of sale...was not the holder of the [borrower's] deed of trust." The bank argued that the borrower failed to allege that he made a valid and viable tender of payment of the indebtedness. However, the Court noted that "[t]ender is not required where the foreclosure sale is void, rather than voidable..." and accordingly rejected the bank's argument. The Court therefore reversed the lower court's judgment of dismissal, and directed the lower court to vacate its order sustaining the general demurrer.	cc/2023-06/en_head_0064.json.gz/line44
__label__wiki	0.532476	0.532476	Firefox Personas Rush Fonts Solo and Guest Appearances Rush Covers Rush Tributes And Samplings Concert Videos Video Boxes Video Compilations Solo Videos Video Cameos Books About Rush Rush Fiction Books By Neil Peart Rush Tour Books Rush News from Power Windows...A Tribute To Rush A Tribute To Rush Rush News Rush to film R40 LIVE tour in YYZ Today Rush confirmed that they will indeed be filming both nights of their upcoming two night sold out stand in Toronto on June 17 & 19. "It is the first time the band will have filmed in their hometown in almost 20 years with the recording in 1997 at the Molson Canadian Amphitheatre on the Test for Echo tour. Prior to that, the band filmed a concert video and later released an accompanying album for the Grace Under Pressure tour in 1984 at Maple Leaf Gardens." Posted Friday, June 05, 2015 Geddy Lee Featured in June 2015 "Toronto Life" Geddy Lee is featured in the June 2015 issue of Toronto Life magazine. In the Navigator section, you'll find "The List Ten things Geddy Lee can’t live without". - Thanks to Barb Trainor for the headsup! Posted Wednesday, June 03, 2015 Alex Lifeson and Geddy Lee guest stars in Future User "Voodoo Juju" video Alex Lifeson and Geddy Lee guest star in Future User's new "Voodoo Juju" video. Frontman/bassist Tim Commerford explains: "I got the idea for the video after I ruptured a disc in my back and needed emergency surgery. As someone who often goes under the knife, I've always been a bit overwhelmed by the process, paperwork, approvals and costs. Luckily, I have insurance, but it got me thinking about all the people in this country who can't afford medical treatment. I read an article recently that said there are over 40 million uninsured people living in the States, which is insane. I talked my doctor into letting me shoot the surgery, then explained the concept to Tom (Morello), who was totally into the idea. And of course, you can't talk about universal health care without bringing Canada into the conversation, so I called Geddy (Lee) and Alex (Lifeson) and asked if they'd be part of it and was blown away when they said yes. And all that footage of my back being opened up is real, no joke." Check out the video below. For more visit blabbermouth.net. Posted Monday, June 01, 2015 Win a Trip to See Rush R40 Tour In Vegas from Live Nation "RUSH is getting ready to kick off the #R40LIVE 40th Anniversary Tour and you could be there!" "Submit your favorite #R40Memories PLUS ENTER for a chance to win a flyaway to see RUSH LIVE in Las Vegas PLUS a Meet & Greet, merch pack, and cash card for your trip!" For more info visit https://livenation.votigo.com/fbsweeps/sweeps/RUSH-R40LIVE-Kickoff-Sweepstakes Posted Friday, May 29, 2015 Novel “Ellison and Amos” inspired by Neil Peart Author of the novel Ellison and Amos, Charlie Gibbons joined KTVA's Daybreak Thursday to talk about what went into writing his newest book: It’s a book about a rock-and-roll legend who loses everything of meaning and embarks on a journey on the back of a motorcycle only to face his greatest fear: The fan. The drummer from Rush, Neil Peart, inspires the story. "He’s a big mentor, inspiration for me and my writing over the years,” Gibbons said. “When the opportunity came to come to Alaska and experience Alaska and all of its wonder, everything just kind of sprouted from there.” Gibbons came up with the idea for the book after going through a personal turmoil similar to Peart. Published in March 2013, the book is available here. For more info visit ktva.com Posted Thursday, May 28, 2015 Guitar Center Video for the Alex Lifeson R40 Les Paul Axcess "In celebration of Rush's 40th Anniversary, Gibson Custom presents the Limited Edition Alex Lifeson R40 Les Paul Axcess offered in a run of 200 guitars with 5A quilt maple tops in a lush Ruby Red R40 finish. It also features a Limited Edition "Starman" R40 die-caste medallion covering the rhythm/treble switch access cavity. For more info visit: http://bit.ly/1Hn6L1g & http://www.rush.com/" Posted Monday, May 25, 2015 "The Art of Rush" - Now Available The Art of Rush, a 272 page coffee table book that delves into the 40 year relationship with Rush and their longtime artist and illustrator Hugh Syme, was officially released on May 22. The stunning book begins with a foreword penned by Neil Peart, and contains original illustrations, paintings, photography, and the incredible stories behind each album that he has designed with the band since 1975. The book’s narration was written by music journalist Stephen Humphries and includes in-depth interviews with each Rush band member, Geddy Lee, Alex Lifeson, Neil Peart and artist Hugh Syme. The Art of Rush also contains entertaining anecdotes and commentary from a wide array of notable musicians, actors, athletes, writers, radio personalities and Rush insiders about their favourite Rush album covers, which clearly reveals how vital and impactful the visual representation of their music has been through the years. The book was originally avaiable for preorder in one of three editions: SOLD OUT: Roadcase Deluxe Limited Edition 1/100, numbered and signed by all 3 members of Rush & Hugh Syme. The book will come in a hand-crafted road case designed by Anvil approx. 15" x 15" x 3" in size and will be enclosed in a custom slipcase, and more, for $995 SOLD OUT: Limited Special Edition 1/250, numbered and signed by all 3 members of the band and artist Hugh Syme, enclosed in a custom slipcase for $495 Classic Edition, the 272 page hardcover book for $99 The $995 Art of Rush - Deluxe Roadcase Edition and $495 Deluxe Slipcase Editions BOTH sold out in just over two hours after going on sale, and immediately started appearing on eBay for double the original sale price. If you were putting off buying the $99 standard edition, you might want to put your order in now... For more information visit rush.com/the-art-of-rush/. R40 Tour Book Wallpaper Images I've added 31 new wallpaper images from the R40 Tour Book to my "Rush Art Gallery of Desktop Wallpaper" Tour Books page. Included are the usual beautiful production photos, mixed with live photos from the last tour, recent rehearsal photos, and a few from the archives. In addition, in case you missed my previous post, the complete tour book transcript is available here. Enjoy! - Thanks to John Patuto at Cygnus-X1.net for sharing his raw scans! Rush Featured on the cover of Classic Rock July 2015 - UPDATED WITH MORE Rush is featured on the cover of the July 2015 issue of the UK's Classic Rock magazine, with the taglines "The Last Tour?", "The Last Interview?", "The Last Word." You can order a copy here. Classic Rock has also published online an interview with Geddy Lee and Alex Lifeson titled "We're coming towards the end". Alex looks back on their career, what sacrifices they made over the last 40 years, including his memories dating back to their break-out gig with the New York Dolls in 1974, or being told by Heart's Roger Fisher that Heart would "blow them off the stage". He also discusses how he has been suffering from arthritis for 10 years, and discusses Neil's with tendonitis. Of note is the fact that Geddy Lee is hoping to extend the R40 Tour into Europe in the spring of 2016, provided his bandmates are up to it. Alex on how Neil took to the R40 Tour: "[Neil] was resistant to it until he started prepping [for the tour] and realised: hey, I can still play my drums pretty good! And then getting into rehearsals with us, there’s that whole camaraderie that he really adores. So when he’s back into the stream, he loves the swim." Geddy on what could bring on the end of touring: "if anything is going to mean that we can’t tour any more like we used to, it’s more than likely going to be the arthritis. Because that’s something that will directly affect his ability to play. And if I was going out on stage and I could not play the way I want to play, or the way I have played in the past, there is no way I would want to do it; I would not want to go out there and be a shadow of my former self. " Will there be another Rush album?: Alex: "...I’d love to make another record. It’s such a fun experience to make a record.I’m sure if we start coming up with some stuff, Neil would be right in there. He’d love that." Geddy: "Do I feel like we have the mojo to do more records? Absolutely. But I can’t tell you that the other guys agree. I’m not a hundred per cent sure that Neil agrees, I’m pretty sure Alex agrees." In addition, Classic Rock has posted an "EXCLUSIVE: RusH Q&A - The Bonus bits", 'The bits of our interview with the Canadian prog legends that didn't make it into the magazine'. You can read it here (watch out, there are some R40 setlist spoilers). Included are comments about many of the band's releases over the years, songs that did or didn't work, thoughts on playing old "pretentious" proggy songs on tour, their plans for when the music is finally over, and more info regarding the chances of the R40 tour coming to Europe: Geddy: There’s nothing on the cards right now. I would say that there are those of us that would prefer to do some dates in the UK and even some European dates, and there’s an opportunity, once we get rolling, to see what we might want to add. But let’s just say that at this point that Neil’s made it clear that he’s good with this US tour being the last group of dates. Alex: You never know. These past couple of months have been pivotal. It’s shown us, after a year and a half off, how much we really love doing what we’re doing. I think that’s really important in Neil’s case. But when you’ve only got so much time to play with it’s tough....But I’ll say one thing: Geddy feels it’s important that we go back at this time to the UK, to acknowledge the support you’ve given us for all these years. And I agree with him. - Thanks to RushFanForever for the headsup! Posted Wednesday, May 20, 2015 Hemispheres Vinyl Reissue - Now Available As announced last fall, Rush is reissuing the complete Mercury era albums on 200-gram heavyweight vinyl in chronological order throughout 2015. The next release to hit store shelves is Hemispheres hitting store shelves today, May 19th. Eventually the vinyl reissues will include all studio and live albums through A Show of Hands. Previous vinyl reissues include Rush reDISCovered, Fly By Night (vinyl and blu-ray pure audio in 5.1 surround sound), Caress of Steel, the 2112 hologram edition. and A Farewell To Kings (vinyl and blu-ray pure audio in 5.1 surround sound). These vinyl reissues also include a 320kbps MP4 vinyl ripped Digital Audio album download, and can also be purchased separately as high resolution Digital Audio. Posted Tuesday, May 19, 2015 RUSH R40 Opening Night Contest from Power Windows AND THE WINNER IS: Congratulations to Andy Hays, the ONLY person who correctly guessed the opening song. However, Andy has graciously offered to pass it on to the runner up: the winner is Jeff Travis of Modesto who guessed both the second and third songs. Jeff, check your mail later this week for your Chronicles DVD. The time is now again! The R40 Tour starts one week from today in Tulsa, and to celebrate, I'm having a contest for Power Windows readers where I am giving away a Rush DVD. Correctly guess the first TWO songs of the opening night of the R40 Tour, in the order they are played, and you will be in the running to win Rush's Chronicles DVD Collection. To enter, simply email your answers (song 1, song 2), along with your name and mailing address, to rushr40songs@yahoo.com. And here's some fine print: Only one entry per email address (if you change your mind, the last entry received from a given address will be your final answer), and entries received after showtime will be ignored, so please don't bother. Winner will be randomly drawn from correct entries, but if there are no correct entries/no one correctly guesses the first two songs, winner will be based on the opening song. If the band opens with a medley or throws us a curve ball, then yours truly will take that into account in considering the final winner. Posted Saturday, May 16, 2015 Rush 'R40 Live: 40th Anniversary' Tour Book Transcript "As the three of us discussed the songs we would play, it was all about how we and the fans might be able to live it all again - just this once. Because it was quite a ride, wasn't it?" - Neil Peart, "Live It All Again" Neil Peart has written another outstanding essay which is included in the R40 tour book. In addition, Alex Lifeson tells us some stories from the earlier days, such as renting a car and returning it with 11,000 miles on it, and Geddy talks about his latest obsession, collecting basses. You can check it out here: Rush 'R40 Live: 40th Anniversary' Tour Book. - Thanks to John Patuto for sharing the transcript! Les Claypool: 10 bassists that blew my mind Yesterday MusicRadar posted an interview with Primus' Les Claypool where he talks about his 10 favorite bassists. Coming in at #1 is Geddy Lee: “He was the one that when I was a fourteen-year-old fellow I thought, ‘Boy, I’d sure like to make those sounds.’ I’m still trying to do that. "When I was a kid I didn’t have a lot of money so I joined one of those RCA Record Clubs where you got ten records for a penny and then you spend the next three years trying to pay back the albums that they send you after you don’t get back to them in time. "One of those albums I got was All The World’s A Stage which was Rush’s first live record. I pretty much wore that thing out. Geddy was the one, he was my first big hero. The way he phrases his runs when he’s improvising, I’ll hit a run every now and then and go, yep, that’s Geddy. "There’s one song we have in particular called Moron TV that was off the last record where the middle section is very much Rush and it’s an homage to those guys. I helped induct them into the Canadian Songwriters Hall Of Fame. I brought my Fungi band which was cello, marimba, drums and bass, and we played Spirit Of Radio.” DW Drums' "Not Tom Sawyer Contest" DW Drums has launched a new contest in honor of Rush's 40th Anniversary Tour. You are invited to film yourself doing your very best tribute to legendary Rush drummer, Neil Peart. Just make a video of yourself playing along to your favorite Rush song for a chance to win a Performance Series Time Machine Snare! Visit DW Drums for details. - Thanks to Rosmakloma for the headsup! Opening Night in Tulsa Setlist Beginning with the Hartford show of the Vapor Trails Tour in 2002, we have been your source for the opening night setlist, as the show takes place. That was the case tonight as well, as we posted the opening night setlist from Tulsa live. A HUGE thanks to Ryan Wasell for providing pictures and setlist updates! Click here for the R40 Opening Night in Tulsa Setlist Based on the official crew setlist sheet posted below, this is setlist 1A (first half of show) and 2A (second half) Opening Video "The World Is... The World Is..." Clockwork Angels Headlong Flight/Drumbastica (drum solo) Far Cry (Dryers replaced the popcorn machine!) The Main Monkey Business One Little Victory Roll The Bones (with celebrity rappers video: Trailer Park Boys, Paul Rudd/Jason Segel, Les Claypool and Peter Dinklage, more?...) Subdivions -intermission/drum kit change- Opening Video Video: "No Country For Old Hens" Red Barchetta The Spirit of Radio Hemispheres: Prelude Cygnus X-1 "Prologue" Cygnus X-1 "Part 1" Drum Solo Closer To The Heart Xanadu (featuring the double necks!) 2112 Parts I, II, IV and VII (skipped "Discovery", "Oracle" and "Soliloquy") -encore- Video: "Mel's Rockpile" starring Eugene Levy Working Man->Garden Road (snippet) Closing Video Google Map Route of the R40 Tour "Keep on riding North and West...then circle South and East..." In case you need help planning your roadtrips this summer: CMRRA Congratulates Board Member Pegi Cecconi for MMF Award SRO/Anthem's Pegi Cecconi was presented with the Brian Chater Pioneer Award on Tuesday (May 5) by the Music Manager Forum (MMF) and will be honoured with the inaugural Brian Chater Leadership Award by the Canadian Independent Music Association (CIMA) at their Gala in Toronto on June 15. Ms. Cecconi’s career began while she was still in high school, where she worked as a social convener booking bands through Ray Danniels’ agency. Danniels would go on to found SRO Management, and after Pegi graduated she became SRO’s first employee. Of course, SRO has been managing Rush since the very beginning. For more, visit CMRRA.ca. Steve Shutt: "Me and Geddy Lee" - The Slapshot Diaries Retired Montreal Canadiens Steve Shutt recently shared a story of attending a concert with Geddy Lee as part of the The Slapshot Diaries, a new website project from filmmaker Mike Downie and musician/author Dave Bidini in partnership with Toronto-based FUSE Marketing. Shutt, who attended Fisherville Junior High in Willowdale with Geddy Lee and Alex Lifeson, shared his story of seeing The Mandala concert at the North York Centennial Area with Geddy Lee in 1967. The concert made a huge impact on them. Apparently Alex Lifeson was not present with Geddy, although he was also at this concert and was similarly impacted, as told at the bottom of this post. "We were both 14 years old going to Fisherville Junior High in Willowdale in 1966, right at the start of the psychedelic era. We were good friends and, like everyone, we bought all the newest albums, tried to look like hippies, and even took the bus and subway down to Yorkville to see what we had to look like to be cool. "We went to our first really big show at North York Centennial Arena featuring the two hottest bands in Toronto: The Mandala and The Paupers. The Mandala started the show with their great Blue-Eyed Soul Review. They were dressed in trademark cherry-striped suits. Joey Cherowski was on organ, Whitey Glann on drums, Dominic Trianio on guitar and Don Elliot was on bass. George Oliver sang and danced and jumped around on stage in a frenzy, which earned him his trade mark as the hardest working singer in soul music. The only time he slowed down was when he did the splits and ripped the ass out of his pants, which he changed while the band played an instrumental, the song 'Toronto ’67'. Both me and Ged couldn’t believe what we were seeing. This was great, this was unbelievable. We watched in awe as they finished their set. "The next band were The Paupers. They started their set with their new hit song Magic People. There was a sound: the fuzz bass played by Denny Gerrard. Me and Geddy looked at each other and decided right then that we were going to play bass, too. Denny stood in his sluggo cap and pounded out an amazing riff that nobody had ever heard before. Little did we know that, during the show, the group, led by Skip Prokop and Adam Mitchell, would let Denny loose to do a 10 min bass solo. When he finished, completely exhausted, he left everyone in the audience stunned by what they’d just heard. "That week, we begged, borrowed and maybe stole money to buy our own bass guitars and two small amps. I took my bass home and started practicing. I read my 'Introduction to Bass Playing' book. I did scales and learned how to tune the bass. After a couple of weeks, I thought I was getting the hang of playing and sounding pretty good, so I went over to Geddy’s house to show him. When I got there, he had his bass out and one of those old portable record players where, when you opened it up, the speaker would be in the lid. I got out my bass out and said “'kay, let’s do some scales.' Geddy looked at me and said, 'Um, I can’t do scales.' My confidence started to rise. 'I’ll show you,' I told him. 'Just follow me.' Maybe I did have some talent. "Geddy said, 'Wait, before we do that, let’s listen to this record.' I told him that would be fine. The record started on the cheap portable player and he said, 'Listen, can you hear the bass?' Then he said, 'Look at this,' and started playing. His bass came alive. It pounded the speakers of the 12″ amp and sounded great. I didn’t know if he was copying the record or not because I couldn’t even hear the bass on the record. He did the same thing on the next song and the next one after that. I went home and put my bass away and I don’t think that I ever picked it up again. I guess, looking back, it would have been tough for anyone to compare with the best bass guitar player in the world. I think that both of us made the right decision." Alex Lifeson was also present at this concert, and met Mandala's guitarist, Domenic Troiano, after the show. Back in 2013, in a press release announcing the annual Domenic Troiano Guitar Awards, Alex was quoted as saying: "On June 30, 1967, I saw the Mandala at the North York Centennial Arena. At the side of the stage Donny gave me his autograph and his Mandala button. He told me how important it was to keep practicing and if I worked hard, I might get the chance to stand on stage and play for people some day. I was beaming. He was my first real inspiration and to this day I have a deep love and admiration for a man who truly knew the meaning of soul. I am proud to be a humble part of his enduring influence". - Thanks to RushIsABand for the headsup! Geddy Lee appears on latest Eddie Trunk podcast The latest Eddie Trunk podcast includes a short interview with Geddy Lee beginning at the 38 minute mark which was recorded before his appearance on the season premiere of That Metal Show back in February. You can listen to it here. - Thanks to Ed at RushIsABand for the headsup! Rush Reference on "The Goldbergs" Last night on the ABC sitcom "The Goldbergs" (season 2, episode 23, "Bill/Murray", full episode online here), Erica Goldberg goes to see her high school guidance counselor (played by SNL alum Tim Meadows), who has various motivational posters on his wall, including a Rush poster, and says "It's like my posters say: 'reach for the stars,' 'hang in there,' and that's the band Rush, because I'm the cool guidance counselor who shows up at the high school basketball games in a casual polo." You can watch the full episode here on ABC.go.com, and you can see the Rush related scene below. - Thanks to Mark Daniels, Donald Schwabbauer and John Patuto for the headsup! Keeping this site up to date and interesting takes a great deal of time more than anything (parts of this site are updated on a near-daily basis), but your donations help cover the occasional out of pocket costs needed to keep it all up to date and constantly evolving. Thanks in advance for your help! Legendary Artist Hugh Syme Unveils New Online Gall...	cc/2023-06/en_head_0064.json.gz/line46
__label__wiki	0.867935	0.867935	The original item was published from 5/4/2021 5:32:49 PM to 11/23/2021 8:17:35 AM. [ARCHIVED] AMPAC Fine Chemicals to Expand Petersburg Operation with $25M Investment, Adding 156 New Jobs May 4, 2021 - Governor Ralph Northam has announced that AMPAC Fine Chemicals (AFC), a leading manufacturer of Active Pharmaceutical Ingredients (APIs) in the United States, will invest $25 million to expand its existing operation on North Normandy Drive in the City of Petersburg. Virginia successfully competed with California and Texas for the project, which will create 156 new jobs. Governor Northam joined company leaders, key partners, and local economic development officials at AMPAC’s Petersburg facility to make the announcement. AMPAC Fine Chemicals is a major collaborator in the new U.S. government-funded partnership with Phlow Corporation, Medicines for All Institute, and non-profit drugmaker Civica Inc. Through this partnership, Phlow executed a $354 million contract with the U.S. Biomedical Advanced Research and Development Authority (BARDA) to produce essential medications using advanced manufacturing processes from the Medicines for All Institute based at the College of Engineering at Virginia Commonwealth University (VCU). As part of this initiative, AFC will expand the former Boehringer Ingelheim (BI) chemical plant, purchased in 2016, and in operation since 2019. In January, Governor Northam announced that Civica Inc. would invest $124.5 million to establish a new facility adjacent to Phlow’s future operation and AMPAC’s existing facility. The Civica plant will convert active pharmaceutical ingredients from AMPAC and Phlow into vials and syringes of finished medications for use in hospitals. “AMPAC’s investment will further advance the pharmaceutical cluster that has emerged in Petersburg and solidify our Commonwealth as a significant player in domestic drug manufacturing,” said Governor Northam. “This critical partnership between Phlow Corporation, Medicines for All Institute, Civica Inc., and AMPAC will have a positive and far-reaching impact, ensuring greater access to high-quality, lifesaving medications while also creating much-needed jobs to support our economic recovery in Virginia.” Founded in 1945, AMPAC Fine Chemicals, an SK pharmteco company, solves problems through technology and innovation to reliably deliver quality products that save and improve lives. With over 75 years of experience, AFC has mastered challenging chemistries, enabling the company to provide the highest quality services to all customers. AMPAC has fully cGMP compliant facilities located in California, Texas, and Virginia that specialize in process development, scale-up, and production from kilograms to multi-ton quantities. The company currently employs 109 in Virginia. “This major expansion boosts the fast-growing pharmaceutical manufacturing campus in Petersburg and is a major win for the region and the Commonwealth,” said Secretary of Commerce and Trade Brian Ball. “We are confident Virginia’s workforce training programs and skilled talent pipeline will ensure AMPAC’s continued success, and applaud the company and its partners for fulfilling the mission to provide quality products to patients everywhere.” “Of our three AMPAC locations, Virginia offers an enabling environment for developing and sustaining the growth in capacity and infrastructure demanded for the pharmaceutical industry,” said Dr. William DuBay, AMPAC Global Vice President of Research and Development. “Our growing relationship with the Commonwealth, VEDP, the City of Petersburg, and others, including VCU, Phlow, and Civica, is a cornerstone of our vision for American-based manufacturing of critical pharmaceutical ingredients.” “We are honored to partner with AMPAC and other trailblazers, such as Civica and VCU’s Medicines for All Institute, to take another step towards establishing a state-of-the-art advanced manufacturing campus in central Virginia that will attract highly technical jobs, industry leading partners, and economic development opportunities,” said Eric Edwards, MD, PhD, Co-Founder, President, and CEO of Phlow Corporation. “Together, we are committed to operationalizing a comprehensive, end-to-end, domestic supply chain solution that will provide access to the essential medicines necessary to sustain life and conquer disease for countless patients and their families.” “AMPAC’s commitment to growing the Petersburg site represents the other major pillar of our strategy for onshoring essential medicines in the United States,” said Dr. Frank Gupton, Co-Founder of Phlow Corporation, Chair of the Department of Chemical and Life Science Engineering at VCU, and CEO of the Medicines for All Institute. “Our Medicines for All team has been working with AMPAC to ensure that the processes that we install in Petersburg will meet or exceed all FDA quality standards, while using the most cost-effective pharmaceutical processing technology.” “We are proud that we are already providing essential medicines to hospitals in every state in the union, including right here in central Virginia,” said Martin VanTrieste, President and CEO of Civica. “By having all the manufacturing in one place, we can greatly simplify the supply chain, and patients will benefit from the reliable, affordable supply of drugs.” The Virginia Economic Development Partnership (VEDP) worked with the City of Petersburg, Virginia’s Gateway Region, the Community College Workforce Alliance (CCWA), and Dominion Energy to secure the project for the Commonwealth. Governor Northam approved a $640,000 grant from the Commonwealth’s Opportunity Fund to assist the City of Petersburg with the project. The Governor also approved a $250,000 Virginia Investment Performance Grant, a performance-based incentive that encourages continued capital investment by existing Virginia companies. The company is eligible to receive benefits from the Major Business Facility Job Tax Credit for new, full-time jobs created. Support for AMPAC’s job creation will be provided through the Virginia Talent Accelerator Program, a workforce initiative created by VEDP in collaboration with the Virginia Community College System and other higher education partners, with funding support from the Northam Administration and the Virginia General Assembly. Launched in 2019, the program accelerates new facility start-ups through the direct delivery of recruitment and training services that are fully customized to a company’s unique products, processes, equipment, standards, and culture. All program services are provided at no cost to qualified new and expanding companies as an incentive for job creation. “My fellow city council members and I have been working with the team at AFC, VEDP, and other state agencies since 2016, and we are thrilled the City of Petersburg was chosen from a variety of competitors,” said Petersburg Mayor Sam Parham. “Our city is making its mark again as a national and regional leader in the bioscience industry.” “We are delighted that AMPAC has decided to expand at its home base in Petersburg, the heart of the Gateway Region,” said Keith Boswell, President and CEO of Virginia’s Gateway Region Economic Development Organization. “Our region is emerging as a pharmaceutical manufacturing cluster and we look forward to supporting AMPAC and its partner companies as they stabilize America’s essential medicine supply chain.” “CCWA and John Tyler Community College are honored to work with VEDP, AMPAC, and Civica in identifying and addressing workforce development and training needs, now and in the future,” said Elizabeth Creamer, Vice President of Workforce Development at CCWA, a partnership of John Tyler and Reynolds Community Colleges. “The Tyler and CCWA faculty team that we’ve assembled is already identifying best practices in training and education for the industry, from K-12 through workforce and community college programming.” “We are excited that AMPAC Fine Chemicals has chosen to expand its facility in Petersburg,” said Ed Baine, President of Dominion Energy Virginia. “We look forward to continuing to help the company meet the growing needs of the pharmaceutical industry and creating long-term success in this region.” “I’m really pleased that AMPAC has chosen to expand in Petersburg, bringing 156 jobs and other economic development,” said Congressman Donald McEachin. “This is great for Petersburg, great for the region, and great for the Commonwealth.” “In addition to new job creation, this expansion brings with it a clear vision—a vision of a strong domestic supply chain, American-made pharmaceutical ingredients, and a skilled workforce that can keep our nation competitive in the 21st century,” said Congresswoman Abigail Spanberger. “I’d like to thank the team at AMPAC for demonstrating confidence in the people of our region, and I’d also like to thank Phlow and Civica for their continued efforts to make the Richmond-Petersburg area not only a national hub of innovation in the pharmaceutical space, but a global leader on this cutting-edge front. I look forward to working with these teams into the future as we prevent shortages, create high-paying jobs in this exciting sector, and advocate for homegrown, lifesaving medications.” “I am pleased to hear that AMPAC Fine Chemicals will be investing an additional $25 million into its operation in Petersburg,” said Senator Joe Morrissey. “The Petersburg community will indeed benefit from the creation of 156 jobs and I look forward to the beneficial impact of this significant economic development project.” “The announcement of an additional investment in Petersburg by AMPAC Fine Chemicals deepens the company’s roots and commitment to our community and its people,” said Delegate Lashrecse Aird. “This expansion of infrastructure is critical to sustaining innovative economic development for the region and will have an impact for years to come.”	cc/2023-06/en_head_0064.json.gz/line50
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__label__wiki	0.893732	0.893732	Dale Watson / Featured / Features Dale Watson: On the Road to Memphis Posted by Courtney S. Lennon on August 14, 2017 at 7:28 am Dale Watson is about 75 miles from Memphis, headed toward his new home, located less than a mile away from Graceland. Dalevis, as he’s known as in the Bluff City, is out on the highway, talking on speaker phone. The call drops after a few minutes. “Sorry about that,” he says. “I thought I was going to be in Memphis already. I’m driving the bus. I’m always going in and out of cell reception on the road.” Watson speaks with the same deep twang he sings with. He has an easygoing vibe and a charming, dry, sometimes dark sense of humor. Conversation with him is relaxed. The stories he tells, free flowing. The southerner with a perfectly fixed white pompadour, is most comfortable in a t-shirt and jeans, sitting behind the wheel of his bus. Watson’s bus, with its elaborate paint job, is easy to spot from any angle. It says ‘Dale Watson’ all over it. The bus is probably the flashiest thing about him. It is also his home, for the 300 days out of the year that he tours with his Lone Stars. Driving it is like mediation for him. “It’s where I get the most ideas, for whatever I’m going to do. It gives me time to think. I’ve got a relief driver, who says ‘You want me to take over?’ and I say ‘No.’ He’s probably the most bored relief driver in the world.” A longtime staple on the Austin, Texas music scene, Watson had an incident with his bus recently that gave him perspective. The city is changing. Fast. For years, he parked his bus in front of his house. But, as new people started to come into his neighborhood, they complained about the bus, which had been there long before they were. His old neighbors, never said anything, they understood it. “I don’t like government in your business. That’s just happening more and more as the city grows. It is what it is. I found another property, where it’s parked and hidden. They can’t say anything about it. Well, not for right now anyway,” he laughs. Watson has about an hour more of driving before he gets to Memphis. The next day, he will start to record his new album at Sam Phillips’ Recording, which Phillips purchased in 1960 after out growing his original Memphis Recording Service. The studio is only a five-minute walk from Sun Records. Watson, who has produced four albums at Sun, including Dalevis and The Sun Sessions, wrote 80 percent of the songs that will be on his upcoming release, while driving the bus, as he has done throughout his career. The album, he says, will be recorded in three days. It will include upright bass, acoustic and electric guitar, table steel and a guest spot from Johnny Cash’s only drummer, W.C. Holland (who also played with Carl Perkins). “It’ll sound like Lefty Frizzell made a record at Sun. Because, you can’t shake the honky-tonk out of me.” The day after recording, Watson will begin another long stretch of touring, heading first to Texas. Though he spent his childhood living in a trailer on a dirt road in North Carolina, at 13, he moved to Texas and has always considered himself a native of the state. Early on, he played music in beer joints, because his brothers and his father were honky-tonkers. He visited his father every summer, who lived in Jackson TN, which is about 80 miles outside of Memphis, not far from where Watson is driving. Another 130 miles east of Jackson, is Nashville. A city he could only tolerate for 10 months. NASHVILLE RASH Before Watson moved to Nashville, he went to Los Angeles in 1988, under the advice of Rosie Flores. It was there that he played as part of the house band at the Palomino Club in North Hollywood, a legendary venue that was known for alt-country music. “The LA scene had the same vibe Memphis has got right now,” Watson says. “In the 80s, Dwight Yoakam popped up on the L.A. scene and there was a real Bakersfield thing happening. And that’s what drew me out there. But it quickly got stomped out by line dances. So I went back to Austin, then went to Nashville.” After having his first child, he thought he should be home more. So, he took a job with a publishing company in Nashville, where he’d write songs with strangers, for other people to cut. “It was the most miserable time in my life. It seemed like a sweat house or a manufacturing house. No soul.” In his song “Country My Ass,” Watson sings, “Now don’t get me wrong, to each his own I believe. But they’ve took the soul out of what means a whole lot to me. ‘Cause I can see Hank and Lefty, they’re spinning around in their graves. And if they were here, you know what they’d say? That’s country my ass.” He was inspired to write “Country My Ass” after reading an issue of Enquirer Magazine in the waiting room of a dentist’s office in 1998. There was a page in the magazine titled “Things Overheard Backstage at the CMAs (Country Music Awards).” “Merle was talking to Waylon. Merle said, ‘CMA should stand for Country My Ass.’ While I was in the dentist chair, I thought about the lyrics to the song,” he says. Watson grew up on the music of Merle Haggard, Waylon Jennings, George Jones, Ray Price, Hank Williams and Johnny Cash. It was part of him. When he recorded his debut album, Cheatin’ Heart Attack in 1995, after escaping Nashville and returning to Austin, he was already taking on the mainstream country establishment. In the song, “Nashville Rash,” he sings “I’m too country now for country, just like Johnny Cash, help me Merle I’m breaking out in a Nashville Rash.” As the years have gone on, country music has progressively gotten more atrocious. It is unrecognizable from what it once was. So, Watson created his own genre, Ameripolitan, which is original music with prominent roots influence. It encompasses classic country, outlaw country and rockabilly. “The word ‘country,’ it’s just too late to take it back,” he says. “Country music today is mainstream and successful. To a point, the term is accurate now. It was called ‘country’ because people who lived out in the country were farmers who listened to Hank or Johnny. But nowadays, guys drive around in air conditioned tractors listening to Hick-Hop.” Throughout his career, he has referenced the fact that legendary country artists are being left behind. On the song “Legends (What If..),” he mentions Willie Nelson, Charlie Pride, Loretta Lynn, Johnny Cash, Merle Haggard, Buck Owens, Waylon and Conway Twitty. Back when he wrote the song, most of them were still alive. But aside from Lynn, Pride and Nelson, the other artists mentioned have since passed. “Just because radio forgot them, it doesn’t mean we have to,” he says. On his last album, which was a collaboration with Ray Benson (Asleep at the Wheel), Dale & Ray, they recorded a song called “Feelin’ Haggard” after the death of Merle Haggard. The song, not so much a tribute to Haggard, rather it is a song about losing someone important, who despite passing on will always be with you. When Haggard died, Watson and Benson were already in the process of making their album. “Ray was very close with Haggard. I only met Merle a few times. So that day, Ray called me up and said ‘I just started a song, I want you to help me finish it.’ I’m glad because I attempted to write something because I felt like I needed to write something. But when he brought this to me, I said, ‘Man, I feel the same way.’ And so many people do.” Always outspoken, he recently took on the Nashville machine when Blake Shelton called the people who listen to the type of music he has tried to preserve and carry on, “Old farts and jackasses.” At the time, Watson was on tour in Europe. “I didn’t know who Blake Shelton was. I thought ‘Who is this guy? That he’d say something like that?’ They said ‘well he’s on a TV show. He’s one of the judges on that talent thing.’ I didn’t even know he was a country artist. I had no idea,” Watson says. He read what Ray Price said of Shelton; “There’s not a hat big enough to fit his head.” “Let’s see what Shelton’s music will sounds like in 65 years compared to Ray Price’s. No one is going to remember him in 65 years. No way. And that’s the way it should be.” Price’s comment inspired Watson to write a song. A ‘knee jerk’ guy, he writes what he is passionate about. His retaliation, the song, “I’d Rather Be an Old Fart than a New Country Turd.” FIXIN’ TO HAVE ME A BREAKDOWN After his short, miserable stint in Nashville, Watson moved back to Austin, TX. He was drawn there because the city was progressive. Austin is known for good original music, where no matter the genre, there is an audience for. It was there where he got a record deal with High Tone Records in 1995. His first album was Cheatin’ Heart Attack. The album, a pure honky-tonk release at a time when country music was rapidly on the decline. Music City was churning out pop music with steel guitars. Then there was Watson, the Nashville Rebel in the same vein as Waylon Jennings. Cheatin’ Heart Attack is raw outlaw country. It is the 90s equivalent to Honky Tonk Heroes, a record that defied everything modern, polished country music stood for. A self-proclaimed ‘control-freak’ when it comes to his sound, Watson produced the album, and the follow ups, Blessed or Damned (1996) and I Hate These Songs (1997). For the most part, he has produced all of his 30 some records over the span of his career as a recording artist with only a few exceptions. Not long after he established himself as an Austin songwriter, while, going through a divorce with his wife of nine years, he met Terri Herbert. They immediately got along and fell in love. She accepted him, both the good and the bad. It made him feel special, having someone look past all of his faults and scars, and still loving him. Four months later, in September, 2000, she died in a tragic car accident driving to Houston. Watson was supposed to be with her, but was too tired. She wasn’t wearing a seat-belt, because her cellphone dropped and she tried to pick it up. At least that is the theory. “It was quick. The thing about that relationship, looking back on it, you don’t have the scope when you’re in it. It was only the honeymoon phase of the relationship. We had four months together. So there was really no time for anything to go bad.” During their relationship, Terri asked him to write a song about her. He told her, “You can’t just order up a song, that’s not the way it works.” He wrote the song, “Blue Eyes” about her. An improvisational songwriter, Watson writes around 20 percent of his songs on stage. His biggest commercial hit, and what is now considered his anthem, “I Lie When I Drink” was written on stage at the Continental Club in Austin. He was talking about Lone Star beer and a guy in the audience said “yeah but you lie when you drink.” By the second time he sang the chorus, everyone was singing along. When Watson came up with “Blue Eyes,” Herbert, was at the show. It was the only one she got to hear written about her. He did not record it until after she passed. Her death, sent a shock-wave through him. At first, he purged his emotions out, by writing the album Every Song I Write is for You, as a tribute to her. But instead of the process healing him, it ultimately took him to a darker place. On New Year’s Eve 2000, he tried to commit suicide at a hotel in Austin after writing the album and coming back from a tour. Luckily, he was unsuccessful. “It hurt too much. So I tried to [kill myself]. I’ve never been a drug guy in my life. I’m really not much of a drinker. But I took sleeping pills and drank. But luckily, where if I take a sleeping pill, it does the opposite to me. People take Nyquil to go to sleep. It just keeps me up and makes me jittery. I happen to be one of those guys, where, if I take a sleeping pill, it does the opposite to me.” After the suicide attempt, Watson was in the hospital. He would end up there again in less than two years. “I didn’t have any say in that one,” he laughs. “When they found me out of my head, they took me there and checked me in.” As he continues to drive the bus towards Memphis, he reflects on the darkness he faced with the same wit he possesses no matter the subject at hand. Whether it is the bus or perspective, he is uninhibited, talking about his suffering. Two years after Herbert’s death, he was in the hospital again, this time, by choice. Going through the mourning process, it all started with a Ouija board that made him believe he could contact the dead. He tried to search for ways to help heal, but then he began going to psychics who said he was talking to the dead. He read self-help books, quit drinking and straightened up. “The self-help books are part of the reason I went crazy. I went really crazy, off the deep end, from trying to self-help myself.” I’D DEAL WITH THE DEVIL A good friend of both Watson and Herbert’s mother, said, “It’s two years after Terri’s death. And you’re still not over that?” He was not. “That’s just not the way it works,” he explains. “You don’t ever get over somebody that you love passing, you just learn to live with it. At the time, nobody thinks that. But, the only healer is time. Time does heal, it doesn’t fix it, it doesn’t take it away, but you learn to live with it.” Though he tried to overdose on drugs two years before, he then “overdosed on religion.” He became overzealous about God, which led him into psychosis. He was hearing voices. From Herbert, to his dad, to God and Jesus. No one else could hear the voices, but to him, they were audible. “I was in Spain. The voice said that he was the devil. And that he was pretending to be all these people all along. I went to the Vatican,” he continues. “I tried to take the New Testament to the Pope. Luckily, I didn’t get arrested. I was doubting myself the whole time.” It was at that point, that he realized he had lost his sanity. He was talking to Jesus, God and the Devil. He was being thrown all over hotel rooms from the voices, wherever he was. “I asked myself, ‘Does a sane person really doubt his sanity?’” The answer was “no.” So, he desperately tried to seek help. He went to two priests in Austin, but they turned him away. “I said, ‘Look you aren’t going to believe me but the Devil is in my head and I can’t get rid of him. Can you do anything? An exorcism or whatever?’ But, they looked at me like I was nuts. Which was funny because the voice in my head, the devil was, just laughing, saying, ‘They preach about me all day long and try to tell everybody about me but when you tell them about me they don’t believe you.’ I was flabbergasted. I just was listening to this voice.” After being turned away by priests, he was turned away by the mental hospital in Austin. They wouldn’t admit him or help him. They told him, despite his pleading, that someone else had to have him committed. “I said, ‘Please you got to help me because the Devil’s telling me to hurt my friends, hurt my kids. I need help.’ But, they wouldn’t do it. They said I had to have somebody else do it.” He called his ex-wife and asked her to do him a favor: have him locked up. She agreed to do it. But in order for him to be committed, she had to make it clear that he was a danger to her and their children. The voice in his head, the Devil, was telling him to hurt them. So he insisted that she bring his friends, Red and Billy to protect her. Finally, he was admitted to the mental hospital, where he spent nearly 30 days. Even after his release, he still faintly heard the voice in his head, until he no longer gave it any power. “At the end of the day, I deal with the Devil. It wasn’t real. These days, I keep religion at bay. Life is how you live it every day. I don’t worry about a guy in the sky, what he’s gonna think when I die. I’m much happier just living, trying to be a good person every day and do the best I can.” BLUFF CITY BOUND Watson’s drive is almost nearing its end. He should arrive in Memphis in about 20 minutes. Though he lived in Austin for nearly 30 years, it got too big for him. Much of what he loved, has been knocked down. Though he owned two clubs in Texas, the one in Austin has been sold and his San Antonio club is up for sale. Watson is considering buying a venue in Memphis, a city that is in the process of revitalization. “There’s just a vibe there, a feeling,” he says of Memphis. “It’s always been an attractive town for me. It’s just got the roots. It seems like for a while, its roots weren’t appreciated.” On the muddy banks of the Mississippi River, Memphis is a city that has a rich music history. It is where much of the music Watson appreciates came from. The Delta Blues was born out of the city during prohibition. Rock ‘n’ Roll was born, at Sam Phillips’ Memphis Recording Service, when Ike Turner walked in with Jackie Brenston and the rest of their band in 1951. The song “Rocket 88,” was the first Rock ‘n’ Roll song. Three years later, Elvis Presley walked into the studio. Accompanied by Scotty Moore on guitar and Bill Black on bass, Phillips created a country, rhythm ‘n’ blues fusion, with Presley’s recording of “Blue Moon of Kentucky.” From there, Johnny Cash, Carl Perkins and Jerry Lee Lewis would all walk into Phillips’ studio and leave as legends. Just over two miles away from Sun, is Stax Records. Founded in 1957 by country fiddle player, Jim Steward as Satellite Records, Stax’s early releases were country and rockabilly records. Stax would later be the place where Southern Soul was born out of, with artists like Otis Redding. Pianist Booker T. Jones and Bassist, Donald “Duck” Dunn were the house band and were instrumental in developing the style’s signature groove. Today, there is a burgeoning scene in Memphis again. Over the years, Watson has seen the city change. He now gets the same vibe that he did in Austin in and Los Angeles in the 1980s. It is the place where he feels artistically rejuvenated. Only in Memphis, will one be able to see Dalevis perform with his band the Memphis 2 (a nod to Johnny Cash’s band). He calls Murphy’s on Madison in Midtown, “Mi Casa Segundo.” When he is in the 901, he enthusiastically plays free shows there. With Dalevis in town, the music scene has an advocate that could be no more suited for it. A blue collar town, that has adopted the slogan, “Grit ‘n’ Grind,” from its basketball team, the Memphis Grizzlies, located right on Beale where you can drink a beer outside and walk over to see a game. Watson’s raw sound is at home in Memphis. And hopefully, no one minds where he parks his bus. His new album will be out at the beginning of 2018. Until then, he will be on tour, writing new songs as he drives and plays shows. Memphis, will be as special as it once was, with Watson behind the wheel. dalewatson.com \| fb \| tour \| buy	cc/2023-06/en_head_0064.json.gz/line54
__label__wiki	0.963865	0.963865	5:00 PM PT6:00 PM MT7:00 PM CT8:00 PM ET1:00 PM GMT9:00 PM 北京时间6:00 PM MST8:00 PM EST, Dec 2, 2022 Neville Arena, Auburn, Alabama Attendance: 9,121 Johnson sharp on 3s, unbeaten No. 15 Auburn beats Colgate AUBURN, Ala. (AP) K.D. Johnson scored 16 points, Wendell Green Jr. and Johni Broome both had 13 and No. 15 Auburn defeated Colgate 93-66 on Friday night. Auburn (8-0) took control with an early 11-3 run. The Tigers hit a season-high 10 3-pointers, with Johnson going 4 for 4. The win was Auburn's 24th consecutive home victory overall and its 44th straight home victory against non-conference opponents. Allen Flanigan scored 12 points and added seven rebounds in his first start of the season. He replaced Jaylin Williams, who sat out because of an illness. "Everybody just came in and played different roles tonight," Flanigan said. "We came together as a team with a man down, stepped up and put the pieces together to come out with the W." Broome had nine rebounds to go along with four steals and two blocks. Braden Smith had 17 points for Colgate (5-5). Keegan Records had 13 and Oliver Lynch-Daniels 11. ?(Auburn) really shot the ball better," Colgate head coach Matt Langel said. "When they shoot like that with their defense and their offensive rebounding, they're a legitimate top team in the country." Colgate: The Raiders were looking for their fourth all-time win over an SEC opponent but were unable to maintain their usual high-scoring form against Auburn's tough defense. This was the last big non-conference test of the season for Colgate, which beat Syracuse by 12 last month. "We've shown some signs of being able to do some good things," Langel said. "We've gotten a lot better. We've got to keep getting a lot better, though, if we want to be the team that we want to be." Auburn: The Tigers came into the game shooting 26.6% from 3-point range on the season, which ranked No. 344 in Division I. Auburn can't expect to shoot 45.5% from deep every night, but it will hope that this performance can be the start of a turnaround in that department. BIG-TIME BALANCE Auburn had four players score in double figures and had four more score at least eight points. The Tigers outscored the Raiders 44-9 in bench points. With all that scoring balance, Auburn scored 90-plus points for the first time since a 94-80 win over Vanderbilt on Feb. 16. "I feel like we're hard to stop when we do that, especially with the way we play defense at Auburn," Johnson said. Johnson's big game came with an injury scare at the end of the first half, when he hit the floor hard after trying to hit a buzzer-beating layup. The junior guard was slow to get up, but he was able to return to the game after halftime and play eight second-half minutes. Colgate travels to Binghamton on Wednesday. Auburn faces Memphis in Atlanta a week from Saturday. AP college basketball: https://apnews.com/hub/college-basketball and https://apnews.com/hub/ap-top-25-college-basketball-poll and https://twitter.com/AP-Top25	cc/2023-06/en_head_0064.json.gz/line56
__label__wiki	0.813828	0.813828	Tom Crandles returns with new project Colours and debut track, "You Can't Save Me". Having only been working under his... Introducing: Colours - You Can't See Me Tom Crandles returns with new project Colours and debut track, "You Can't Save Me". Having only been working under his previous moniker for a short period and, what's becoming more frequent these days, the other Sun Machine coming about - Tom Crandles has upped sticks and created new and improved moniker Colours, unveiling "You Can't See Me". In with a new moniker and in with a new sound you could probably say too, even though some of Tom's original psychedelic tendencies shine through the cracks. Discordant guitars interweave with grandiose synths over a driving drum beat. It's Tame Impala on speed - it's epic. The "You Can See Me" b/w "My Memory Is A Maze" double a-side is set for release through Father/Daughter Records on April 8th.	cc/2023-06/en_head_0064.json.gz/line64

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