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The risk-return trade-off between solitary and eusocial reproduction
Feng Fu, Sarah D. Kocher, Martin A. Nowak
Research output: Contribution to journalArticlepeer-review
13 Scopus citations
Abstract
Social insect colonies can be seen as a distinct form of biological organisation because they function as superorganisms. Understanding how natural selection acts on the emergence and maintenance of these colonies remains a major question in evolutionary biology and ecology. Here, we explore this by using multi-type branching processes to calculate the basic reproductive ratios and the extinction probabilities for solitary vs. eusocial reproductive strategies. We find that eusociality, albeit being hugely successful once established, is generally less stable than solitary reproduction unless large demographic advantages of eusociality arise for small colony sizes. We also demonstrate how such demographic constraints can be overcome by the presence of ecological niches that strongly favour eusociality. Our results characterise the risk-return trade-offs between solitary and eusocial reproduction, and help to explain why eusociality is taxonomically rare: eusociality is a high-risk, high-reward strategy, whereas solitary reproduction is more conservative.
Original languageEnglish (US)
Pages (from-to)74-84
Number of pages11
JournalEcology letters
Volume18
Issue number1
DOIs
StatePublished - Jan 1 2015
Externally publishedYes
All Science Journal Classification (ASJC) codes
• Ecology, Evolution, Behavior and Systematics
Keywords
• Ecology and evolution
• Eusociality
• Evolutionary dynamics
• Mathematical biology
• Social insects
• Stochastic process
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Cite this | ESSENTIALAI-STEM |
UNITED STATES of America v. Ian NORRIS.
Criminal Action No. 03-632.
United States District Court, E.D. Pennsylvania.
June 22, 2010.
Lucy P. McClain, Kimberly A. Justice, Richard S. Rosenberg, United States Dept, of Justice, Philadelphia, PA, for United States of America.
Christopher M. Curran, Claire A. Deleite, J. Mark Gidley, White & Case LLP, Washington, DC, Joseph G. Poluka, Blank Rome LLP, Philadelphia, PA, for Ian Norris.
MEMORANDUM
EDUARDO C. ROBRENO, District . Judge.
I. INTRODUCTION
This case arises from a grand jury investigation of an international conspiracy to fix the price of certain electrical and mechanical carbon products that were sold in the United States and elsewhere between 1989 and May 2000, as well as an alleged scheme to obstruct the grand jury’s investigation of that price fixing conspiracy by tampering with witnesses and withholding or destroying documents relevant to the grand jury investigation.
On September 28, 2004, a federal grand jury returned the Second Superseding Indictment (the “Indictment”) against Defendant Ian Norris (“Norris” or “Defendant”). The Indictment contains four counts: (1) Count One alleges a violation- of the Sherman Act, 15 U.S.C. § 1; (2) Count Two alleges a violation of 18 U.S.C. § 371 for conspiring to violate two provisions of the witness tampering statute, 18 U.S.C. §§ 1512(b)(1) and (b)(2)(B) (Indictment ¶ 13); (3) Count Three alleges a violation of 18 U.S.C. § 1512(b)(1) for “corruptly persuading]” and attempting to “corruptly persuade[ ]” other persons with the intent to “influence their testimony in an official proceeding” (Id. ¶ 21); and (4) Count Four alleges a violation of 18 U.S.C. § 1512(b)(2)(B) for “corruptly persuading] other persons” with the “intent to cause or induce those persons to alter, destroy, mutilate or conceal records and documents, with [the] intent to impair their availability for use in an official proceeding.” (Id. ¶ 23).
Norris is a national of the United Kingdom. On March 23, 2010, Norris was extradited from the United Kingdom (“U.K.”) to the United States to face prosecution on Counts Two, Three, and Four. Under the terms of the U.K. Order for Extradition Pursuant to Section 93(4) of the Extradition Act 2003, dated September 22, 2008, Norris may not be prosecuted on Count One. On April 8, 2010, Norris appeared before the Court for arraignment on Counts Two, Three, and Four, at which time he entered a plea of not guilty to each of those Counts. Norris now moves to dismiss those Counts in their entirety (docs. no. 25, 38, 42).
In the first motion to dismiss, Defendant argues the entire Indictment should be dismissed, both for failure to state an offense and lack of subject matter jurisdiction (doc. no. 25). In the second motion to dismiss, Defendant argues the Indictment should be dismissed to the extent it violates the principle of specialty (doc. no. 38). In the third motion to dismiss, Defendant argues Counts II and IV should be dismissed to the extent these counts purport to state an offense based on the allegedly faulty paragraph 19(f) of the Indictment (doc. no. 42.) Each motion is analyzed in turn.
For the following reasons, the Court will deny the motions to dismiss.
II. BACKGROUND
The Indictment alleges, among other things, that between 1986 and October 2002, Norris was an executive of the UK-based The Morgan Crucible Company pic (“Morgan”). In 1998, Norris became the Chief Executive Officer of Morgan. During that same period, Morgan and its subsidiaries were engaged in the sale of carbon products in the United States (Indictment ¶ 6).
In April 1999, the Antitrust Division was conducting a federal grand jury investigation in the Eastern District of Pennsylvania into possible federal antitrust offenses committed by the Defendant and others involving carbon products sold by Morgan. (Id. ¶ 12.) In the course of that investigation, the Division served Morganite, Industries, Inc. (“Morganite”), a U.S. subsidiary of Morgan, with a subpoena duces tecum requiring it and its affiliated companies to produce certain business records related to the carbon products industry. Following service of the subpoena, the Indictment alleges that Norris knowingly and wilfully conspired and agreed with others to corruptly persuade and attempt to corruptly persuade other persons with intent to influence their testimony in an official proceeding, and to corruptly persuade and attempt to corruptly persuade others with intent to cause or induce them to alter, destroy, mutilate or conceal records and documents with intent to impair their availability for use in an official proceeding. (Id. ¶¶ 12,13.)
The Indictment alleges that, in carrying out this conspiracy, the Defendant and his co-conspirators: (1) provided false and fictitious relevant and material information in response to the grand jury investigation; (2) prepared a written “script” which contained false information which was to be followed by anyone questioned by either the Antitrust Division or the federal grand jury; and (3) distributed the script to others who had information relevant to the grand jury investigation with instructions to follow the script when answering questions posed by either the grand jury or the Antitrust Division. Moreover, the Indictment alleges that the conspirators removed, concealed, or destroyed from business files any documents which contained evidence of an anticompetitive agreement or reflected contacts between or among competitors, and persuaded, directed and instructed others to do the same. (Id. ¶ ¶ 14-18.)
The Indictment further alleges that to achieve the goals of the conspiracy, the conspirators committed numerous overt acts, including the following: (1) the Defendant, in response to the subpoena duces tecum served on Morganite, asked a co-conspirator to assemble a task force to search through Morgan’s business files and remove any documents that contained evidence of Morgan’s price-fixing agreement or contacts with competitors; (2) instructed and directed employees of Morgan to remove and conceal or destroy such documents; (3) called several co-conspirators to a meeting in England and discussed the grand jury investigation, explored ways in which to justify or explain the meeting Morgan had with competitors, and prepared false summaries of those meetings, which falsely characterized them as joint venture meetings and which deliberately excluded any mention of the pricing discussions that occurred (“the script”); and (4) each of the eo-eonspirators agreed to follow the script when questioned during the investigation, and they distributed the script to the Morgan employees who engaged in price fixing. (Id. ¶¶ 19(a)-(n).)
Moreover, allegedly in an effort to end the U.S. investigation, a co-conspirator provided the false script to an executive of a corporate price fixing co-conspirator with instructions to deliver the script to his coworkers who were potential witnesses because they had attended price fixing meetings with Morgan and Morgan had already disclosed their names to the authorities. The co-conspirator is also alleged to have instructed the executive to have his coworkers follow the script, treat it confidentially, and destroy it after it was distributed and read. Later, Defendant and co-conspirators met with the same executive to further attempt to persuade him to instruct his employees to adhere to the false script when giving testimony in the U.S. investigation as a means to put an end to the U.S. investigation and prevent it from spreading to Europe. (Id. ¶¶ 19(u)-(ee)).
III. ANALYSIS
A. Motion to Dismiss the Indictment in its Entirety
Defendant moves to dismiss the Indictment for three reasons: (1) the Indictment fails to state an offense; (2) the Court lacks subject matter jurisdiction and (3) extraterritorial application of § 1512(b) to Norris’s conduct would violate his Fifth Amendment’s Due Process rights. Each argument is analyzed in turn.
1. Sufficiency of the Indictment
a.Applicable Law
A district court may grant a pretrial motion to dismiss an indictment, or a portion thereof, if the indictment’s allegations do not suffice to charge an offense. United States v. Panarella, 277 F.3d 678, 685 (3d Cir.2002). When deciding a motion to dismiss the indictment, the court must accept as true the factual allegations set forth in the pleading. United States v. Besmajian, 910 F.2d 1153, 1154 (3d Cir.1990). The Third Circuit has held that an indictment is sufficient if it “(1) contains the elements of the offense intended to be charged, (2) sufficiently apprises the defendant of what he must be prepared to meet, and (3) allows the defendant to show with accuracy to what extent he may plead a former acquittal or conviction in the event of a subsequent prosecution.” U.S. v. Kemp, 500 F.3d 257, 280 (3d Cir.2007); see also Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (“It is generally sufficient that an indictment set forth the offense in the words of the statute itself provided that ‘those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offence intended to be punished.’ ”) (quoting United States v. Carll, 105 U.S. 611, 612, 26 L.Ed. 1135 (1881)). Finally, an indictment “may not properly be challenged by a pretrial motion on the ground that it is not supported by adequate evidence.” United States v. Gallagher, 602 F.2d 1139, 1142 (3d Cir.1979).
b.Count I
As stated above, under the terms of the U.K. Order for Extradition, Norris may not be prosecuted on Count One. Although Defendant has not yet specifically moved to dismiss Count One, the parties agree that prosecution on this Count is barred by the terms of the Extradition Order,
c.Count II
Defendant argues that Count II is insufficient only because Counts III and IV are insufficient. See, e.g., United States v. McNutt, 908 F.2d 561, 565 (10th Cir.1990) (“Where the underlying offense agreed upon by the putative conspirators does not constitute a substantive violation of federal law no conspiracy can be effectuated under 18 U.S.C. § 371.”)
The Government disagrees and argues that Count II may survive even if Counts III and IV fail because conspiracy to commit an offense and the taking of a single step toward its commission by any of the co-conspirators is sufficient to state an offense. See United States v. Nelson, 39 F.2d 705, 713 (7th Cir.1994) (a single overt act by any member of the conspiracy is sufficient to satisfy this element). Because the Court finds, infra, that Counts III and IV are sufficient, Count II is also sufficient.
d. Count III
i. Defendant’s Argument
Defendant argues that the Indictment’s allegations relating to Count III fail for several reasons: (1) Defendant is not alleged to have “persuaded” anyone; (2) Defendant is not alleged to have “corruptly” persuaded anyone; (3) the alleged plan to remove potentially truth-telling employees from Morgan fails to state an offense; and (4) the alleged meeting between Defendant and CW-1 fails to state an offense.
Defendant emphasizes that the Indictment allegations, as they relate to the alleged “script” and “rehearsal” fail to specifically allege that Defendant actually “persuaded” or “attempted to persuade” anyone as to any testimony. Rather, Defendant argues that the Indictment’s allegations that he directed co-conspirators to gather Morgan’s business records and discussed the grand jury investigation are all perfectly lawful conduct.
ii. Analysis
Defendant essentially argues that the Indictment fails to allege an offense because the factual allegations contained in the Indictment may have innocent explanations. His arguments are an attack on the sufficiency of the Government’s evidence, not on the sufficiency of the Indictment itself. At this stage, the Government need not supply the specific evidence through which to show Defendant’s intent to obstruct justice.
In this case, the Indictment contains a plain, concise and definite written statement of the essential facts constituting the crime charged. The Indictment sets forth clearly each element of the offense and is sufficient to permit the Defendant to prepare his defense. The Indictment tracks the language of the statutes and then alleges facts that, read together with the charging language, could lead a jury to conclude that Defendant violated the statutes. See United States v. Hull, 456 F.3d 133, 142 (3d Cir.2006) (citing United States v. Farrell, 126 F.3d 484, 488 (3d Cir.1997) (holding that “corrupt persuasion” includes “attempting to persuade someone to provide false information to federal investigators.”))
First, Defendant argues the Indictment does not allege he “persuaded” anyone to tell a false story because the Indictment alleges he and his co-conspirators “discussed and agreed” to create and tell a story in connection with the grand jury investigation. However, as the Government argues, the following allegations all support the charge that Defendant corruptly persuaded others and conspired to do so. Norris is alleged to have: (1) directed the preparation of a list of price-fixing meetings; (2) called a meeting at which he and his co-conspirators “discussed” the antitrust investigation; (3) “agreed” with co-conspirators at a meeting to tell a false story about what had occurred at their meetings; (4) later “cross examined” each other on the “materially false and fictitious information contained in the script”; and (5) urged other persons, if asked, to tell the false story the co-conspirators had created.
Second, Defendant insists that the characterization of price-fixing discussions as joint venture discussions could be true in some situations and involve activity that is legal under the antitrust laws. The Indictment specifically alleged that the “defendant and the co-conspirators agreed that they would falsely characterize their meetings with competitors as joint venture meetings rather than truthfully describe them as price discussion meetings” (Indictment ¶ 19(j)). Thus, the Indictment alleges that the meetings discussed in the script were not in fact joint venture meetings and that the Defendant and co-conspirators who created the script did not think they were joint venture meetings. It is for the jury to decide whether the meetings documented in the script in fact involved discussions of joint ventures or discussions of price fixing.
Third, the Indictment’s allegations regarding the separation of truth telling employees are relevant to, and further support, the Indictment’s allegations that the information in the script was false and that the Defendant and co-conspirators were engaged in an effort to persuade potential witnesses in the grand jury investigation to provide false information.
For these reasons, the Court finds Count III to be sufficient.
e. Count IV
i. Defendant’s Argument
Defendant argues that Count IV fails to state an offense because: (1) he is only alleged to have instructed removal of Morgan Documents and there is nothing per se unlawful in this conduct; and (2) the Indictment fails to satisfy the “nexus” requirement between the destruction and the specific official proceeding.
ii. Analysis
As in Count III, the crux of Defendant’s claim as to Count IV rests largely on his assertion that the allegations set forth in the overt acts section are insufficient to prove guilt. As explained earlier, dismissal of the Indictment pretrial may not be predicated upon insufficiency of evidence to prove the Indictment’s charges.
First, Defendant argues that the Indictment is insufficient because it does not allege that he personally asked anyone to conceal or destroy evidence and he cannot be held responsible for co-conspirators who did. This argument is contrary to well settled case law. Under Pinkerton v. United, States, Norris is liable for all reasonably foreseeable acts of his co-conspirators in furtherance of the conspiracy. 328 U.S. 640, 647-48, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946). Accordingly, he may be liable for his co-conspirators’ acts to conceal or destroy evidence in furtherance of their obstruction of justice conspiracy.
Second, Defendant asserts that the charge fails because whatever documents he may have intended to conceal or destroy were not Morganite documents and thus were not subject to the grand jury’s subpoena.
The Court disagrees. The subpoena itself asked for documents from all “affiliates” and stated it “relate[d] to the manufacture and sale of specialty graphite worldwide,” which was defined to include carbon brushes and included specific references to documents reflecting communications with Morgan and documents reflecting meetings and communications between any manufacturers of specialty graphite and specifically called for such communications between Morganite and Morgan that related to a third party manufacturer. (See Def.’s Mot. To Dismiss, Ex. 1; Govt.’s Sur-reply at 7.) Therefore, a reasonable reading of the subpoena informs that it called for Morgan documents, as well as Morganite documents.
Third, Defendant’s contention that he could not have impaired the availability of foreign-based documents because they were beyond the grand jury subpoena power is irrelevant. The statute requires only that the Defendant’s action be taken “with intent to impair the object’s integrity or availability for use in an official proceeding.” 18 U.S.C. § 1512(b)(2)(B). The offense could have occurred even before the grand jury was empaneled and had authority to issue subpoenas. See 18 U.S.C. § 1512(f)(1) (“an official proceeding need not be pending or about to be instituted at the time of the offense”). Here, the relevance of the Morganite subpoena (which also sought Morgan documents) is that it allegedly informed Defendant of the existence of the federal grand jury’s price-fixing investigation. As explained earlier, it is for the jury to decide if Defendant and his co-conspirators’ actions to destroy or conceal documents were taken with intent to impair their availability in the grand jury investigation.
For these reasons, the Court finds Count IV to be sufficient.
2. Subject Matter Jurisdiction
Norris argues that the Court lacks subject matter jurisdiction because the Indictment fails to plead a “substantial effect” in the United States. However, Norris concedes that § 1512(h), by its language, applies to foreign conduct. 18 U.S.C. 1512(h) (“There is extraterritorial Federal jurisdiction over an offense under this section.”). Defendant seems to argue that because the Government does not specifically invoke § 1512(h), the language is insufficient to overcome the presumption against extraterritorial application of federal statutes because it conflicts with principles of international law.
Here, Norris argues that the exercise of congressional authority must still comport with international law. He relies on Wright-Barker for the proposition that extraterritorial jurisdiction must comport with the requirements of one of the five theories of criminal jurisdiction under international law. United States v. Wright-Barker, 784 F.2d 161, 167 n. 5 (3d Cir.1986), superseded on other grounds by statute, United States v. Martinez-Hidalgo, 993 F.2d 1052 (3d Cir.1993). Norris further argues that the “substantial effect” test is appropriate in this case because his alleged conduct is wholly foreign. He argues that the Indictment must allege that his foreign.conduct had a “substantial effect” on the “official proceeding”, i.e. the grand jury investigation, or otherwise in the United States. Thus, Norris argues that because the Indictment fails to allege his conduct had any substantial effect in the United States, there is no subject matter jurisdiction.
Defendant’s reliance on Wright-Barker is misplaced. As the Third Circuit made clear in Martinez-Hidalgo, an inquiry into international law is only necessary where congressional intent is unclear:
There is, of course, no doubt the Congress may override international law by clearly expressing its intent to do so.... Inasmuch as Congress in section 955a expressed no such intent, we felt obligated in WrighL-Barker to apply the nexus test as required by international law. But 46 U.S.C. app. § 1903(d) expresses the necessary congressional intent to override international law to the extent that international law might require a nexus to the United States for the prosecution of the offenses defined in the Maritime Drug Law Enforcement Act.
Martinez-Hidalgo, 993 F.2d at 1056 (internal citation omitted).
Here, as in Martinez-Hidalgo, Congress has made clear its intent to reach conduct outside of the United States. As such, there is no need to apply principles of international law. See United States v. Yousef, 327 F.3d 56, 86 (2d Cir.2003) (“As long as Congress has indicated its intent to reach such conduct, a United States court is ‘bound to follow the Congressional direction unless this would violate the due process clause of the Fifth Amendment.’ ”) (citation omitted); see also Pasquantino v. United States, 544 U.S. 349, 379, 125 S.Ct. 1766, 161 L.Ed.2d 619 (2005) (J. Ginsburg, dissenting) (Congress “has the sole authority to determine the extraterritorial reach of domestic laws”).
Finally, the Court notes that in Wright-Barker the Court did find jurisdiction because the defendant’s conduct was intended to affect the United States, regardless of any actual effect. 784 F.2d at 168-69. In this case, Defendant’s alleged attempt to obstruct a United States grand jury investigation would have had an intended effect in the United States.
3. Due Process Rights
Defendant argues that the extraterritorial application of § 1512(b) would violate his Fifth Amendment’s Due Process Clause rights because he did not and could not have had notice that the conduct alleged could result in criminal liability in the United States.
Defendant cites the Arthur Andersen case where the Supreme Court noted, “ ‘[w]e have traditionally exercised restraint in assessing the reach of a federal criminal statute, both out of deference to the prerogatives of Congress, and out of concern that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed[.]’ ” Arthur Andersen LLP v. U.S., 544 U.S. 696, 703, 125 S.Ct. 2129, 161 L.Ed.2d 1008 (2005) (citation omitted). Norris argues that he lacked fair warning that actions taken in the U.K. to “prepare a defense” in conjunction with alleged co-conspirators would violate U.S. law. (Def.’s Br. at 13.) Thus, he claims that he did not have fair notice that these defensive steps could form the basis for substantive violations of United States law.
The Court disagrees. As noted earlier, the language of the statute explicitly informs the Defendant of its application outside the United States. See 18 U.S.C. 1512(h) (“There is extraterritorial Federal jurisdiction over an offense under this section.”). Moreover, that the conduct prohibited by the statute constituted a crime should not have come as a surprise to Defendant, given that the same conduct constitutes a crime under U.K. law. Indeed, the House of Lords found, “we are satisfied that, if Mr. Norris had done in England what he is alleged to have done in counts 2 to 4 [of the Indictment], with the intention of obstructing an investigation being carried out into possible criminal conduct, in regard to fixing prices in the carbon products industry, by the duly appointed body in the United Kingdom, he would indeed have been guilty of offences of conspiring to obstruct justice or of obstructing justice, which could have attracted a sentence of twelve months’ imprisonment.” See Norris v. Government of the United States of America and Others, [2008] UKHL 16 at ¶ 101. http:/Avww. publications.parliament.uk/pa/ld200708/ ldjudgmt/jd080312/norris.pdf.
B. Motion to Dismiss Based on Principle of Specialty
Defendant filed a separate motion to dismiss arguing the Indictment violates the principle of specialty (doc. no. 38). He argues the Indictment contains allegations that exceed the scope of the Extradition Order upon which he was brought to the United States.
1. Applicable Law
“The principle of specialty requires that an extradited defendant be tried for the crimes on which extradition has been granted, and none other.” United States v. Thomas, 322 Fed.Appx. 177, 181 (3d Cir.2009) (citing United States v. Riviere, 924 F.2d 1289, 1297 (3d Cir.1991)). The U.S.-U.K. Extradition Treaty expresses this principle as follows:
A person extradited shall not be detained or proceeded against in the territory of the requesting Party for any offense other than an extraditable offense established by the facts in respect of which his extradition has been granted....
U.S.-U.K. Extradition Treaty, art. XII(l) (1972); id., art. XVIII (2003). “[T]he inquiry into specialty boils down to ... whether the surrendering state would deem the conduct for which the requesting state actually prosecutes the defendant as interconnected with (as opposed to independent from) the acts for which he was extradited.” United States v. Saccoccia, 58 F.3d 754, 767 (1st Cir.1995).
2. Analysis
The Extradition Order ordered Defendant’s extradition for the “offenses listed in the attached schedule.” (Norris Extradition Order (Sept. 22, 2008).) The Order avers that Defendant, between April 1, 1999 and May 31, 2000: (1) directed an employee of Morgan to prepare false and misleading material to be provided to a judicial investigation; (2) encouraged executives, officers and employees of Morgan, Morganite and other companies to provide false and misleading evidence to a judicial investigation; and (3) concealed, destroyed or removed information relevant and material to the judicial investigation. (Id.)
Defendant argues that several paragraphs of the Indictment allege conduct beyond May 31, 2000, and therefore do not satisfy the principle of speciality. Specifically, the conspiratorial period for Count II is alleged to have spanned “[f]rom in or about April 1999, and continuing thereafter until in or about August 2001.” (Indictment ¶ 13). Moreover, several of the alleged overt acts included under Paragraph 19 occurred after May 31, 2000. Accordingly, Defendant argues those allegations that rely on Paragraphs 19(f) and (t) through (ee) should be stricken.
The Court does not agree. Defendant does not provide, and the Court cannot locate, any legal basis for the Court to strike particular allegations from the Indictment based on timeline objections. Rather, Defendant’s motion presents what is likely an evidentiary issue, rather than a legal issue relating to the law of specialty. See United States v. Thirion, 813 F.2d 146, 153 (8th Cir.1987) (the doctrine of specialty “has never been construed to permit foreign intrusion into the evidentiary or procedural rules of the requisitioning state, as distinguished from limiting the jurisdiction of domestic courts to try or punish the fugitive for any crimes committed before the extradition, except the crimes for which he was extradited.”) (quotations omitted). Here, the offenses upon which the Defendant was extradited, and for which he is being tried, are the obstruction of justice offense charged in Counts II, III and IV of the Indictment.
Moreover, upon request for comment by the U.S., the Secretary of State for the Home Department of the U.K. (“U.K. Secretary of State”) stated, “Mr. Norris’ trial on obstruction of justice charges in the Second Superceding Indictment would not be a breach of specialty, as specialty is interpreted in the United Kingdom in the context of requests for extradition.” (See Letter of the U.K. Secretary, June 2, 2010). The U.K. Secretary of State further stated, “[i]t is not clear to the [U.K] Secretary of State why the two draft English law charges were drafted in a way that limited the dates therein to May 2000,” and she “acknowledge^] that the extradition request made it clear that whil[e] the price fixing conspiracy was alleged to have ended in May 2000, the conduct underpinning the obstruction of justice allegations was clearly alleged in the request to have continued thereafter.” Id. As the correspondence from the U.K. Secretary of State unequivocally denotes, the U.K. does not regard the prosecution of Norris on Counts II, III and IV of the Indictment as a breach of the extradition treaty or the principle of specialty.
Assuming arguendo that the U.K. had limited the scope of Norris’ extradition to various acts of obstruction of justice occurring between April 1, 1999 and May 31, 2000, he may nevertheless be tried for Counts II through IV of the Indictment because his later acts are interconnected to the acts occurring prior to May 31, 2000. The Third Circuit in Thomas rejected defendant’s argument that his prosecution was inconsistent with the rule of specialty because his extradition order did not mention the offense of continuing a criminal enterprise relating to his indictment’s counts of money laundering and drug offenses. Thomas, 322 Fed.Appx. at 179. In Thomas, the Third Circuit found the defendant was properly tried and convicted for an offense that was not even mentioned in the extradition order. Here, the Defendant was charged and is being tried on precisely the offenses listed in the extradition order. Accordingly, his trial on obstruction of justice offenses does not violate the principle of specialty.
C. Motion to Dismiss Based on Paragraph 19(f)
In a separate motion to dismiss (doc. no. 42), Defendant argues that Counts II and IV should be dismissed because paragraph 19(f) of the Indictment does not relate to an “official proceeding”. Paragraph 19(f) reads:
In or about May 1999, the defendant directed a co-conspirator (CC-1) to instruct an employee of one of Morgan’s United States subsidiaries to go through his business files and remove and conceal or destroy any documents that contained evidence of Morgan’s price-fixing agreement with its competitors or referred to contacts between or among Morgan and its competitors. In or about August 2001, the employee destroyed documents relevant to the grand jury’s investigation due to the instructions from CC-1.
(Indictment ¶ 19(f).)
Defendant argues that the alleged instruction to CC-1 had no nexus to the particular “official proceeding” alleged in the Indictment. Defendant claims that in May 1999, that “official proceeding” comprised only the grand jury investigation of alleged price fixing relating to specialty graphite products and that, in contrast, the alleged instruction to CC-1 could only have concerned documents relating to mechanical carbon products, which were not called for by the April 1999 Subpoena and would not be called for until 28 months later. Accordingly, he argues there was no official proceeding relating to mechanical carbon products in 1999 and, as such, Counts Two and Four of the Indictment should be dismissed because they both purport to rely on Paragraph 19(f) as the factual predicate for the alleged violations.
However, as the Government notes, the April 1999 Subpoena relates to “all carbon and engineered graphite materials products[ ].” (Def.’s Mot., doc. no. 42 at 3 (quoting April 1999 subpoena).) This is a broad definition that could reasonably include mechanical carbon products. Defendant’s argument seems to turn on a technical, and unimportant, definition of carbon products.
Moreover, even assuming arguendo that mechanical carbon products were not being investigated in 1999, the offense of evidence tampering (and the conspiracy charge relating to it) merely requires action intended to impair the integrity of availability of evidence for use in an official proceeding. There is no requirement that any official proceeding actually exist, thus, the offense can occur even before a grand jury is empaneled. See 18 U.S.C. § 1512(f)(1) (“an official proceeding need not be pending or be instituted at the time of the offense”); Arthur Andersen, 544 U.S. at 707-708, 125 S.Ct. 2129 (“It is, however, one thing to say that a proceeding ‘need not be pending or about to be instituted at the time of the offense,’ and quite another to say a proceeding need not even be foreseen.”); United States v. Vampire Nation, 451 F.3d 189, 205 (3d Cir.2006) (finding no error with jury instruction that read “It is not necessary for the Government to prove the Defendant knew he was breaking any particular criminal law, nor need the government prove that the Defendant knew that the official proceeding was before a federal grand jury. An official proceeding includes a proceeding before a federal grand jury. The grand jury proceeding need not be pending or about to be instituted at the time of the offense.”).
Accordingly, the case law instructs that the requisite nexus can be established by showing the Defendant foresaw that the documents would likely be called for by an official proceeding, even if that proceeding was not pending at the time of the offense. In this case, the requisite nexus between the offense and the proceeding may be established regardless of whether the evidence shows that the allegedly destroyed documents were explicitly called for by the April 1999 subpoena. See Arthur Andersen, 544 U.S. at 707, 125 S.Ct. 2129.
IV. CONCLUSION
For the foregoing reasons, the motions to dismiss the Indictment will be denied. An appropriate order follows.
ORDER
AND NOW, this 22nd day of June, 2010, it is hereby ORDERED that Defendant’s motions to dismiss (docs. no. 25, 38, 42) are DENIED.
IT IS FURTHER ORDERED that Defendant’s motions for leave to file a reply brief (doc. no. 36, 74) are GRANTED.
AND IT IS SO ORDERED.
. Count II charges the Defendant with violating 18 U.S.C. § 371. The elements of the offense are: (1) that two or more persons agreed to commit an offense against the United States, as charged in the indictment; (2) that the defendant was a party to or a member of that agreement; (3) that the defendant joined the agreement or conspiracy knowing of its objectives to commit an offense against the United States and intending to join together with at least one other alleged conspirator to achieve those objectives; that is, that the defendant and at least one other alleged conspirator shared a unity of purpose and intent to achieve a common goal or objective to commit an offense against the United States; and (4) that at some point during the existence of the agreement or conspiracy at least one of its members performed an overt act in order to further objectives of the agreement. See Third Circuit Pattern Jury Instructions 6.18.371A, December 2009; see also United States v. Uzzolino, 651 F.2d 207, 214 (3d Cir.1981); United States v. Small, 472 F.2d 818, 819 (3d Cir.1972).
Count II of the Indictment alleges Norris "knowingly and wilfully conspired and agreed with unnamed co-conspirators, both known and unknown to the Grand Jury, to knowingly and wilfully commit offenses against the United States, that is: (a) to corruptly persuade and attempt to corruptly persuade other persons known to the Grand Jury with intent to influence their testimony in an official proceeding; and (b) to corruptly persuade and attempt to corruptly persuade other persons known to the Grand Jury with intent to cause or induce those other persons to alter, destroy, mutilate or conceal records and documents with the intent to impair their availability for use in an official proceeding; that is, a federal grand jury sitting in the Eastern District of Pennsylvania, conducting a price-fixing investigation of the carbon products industry, contrary to Title 18, United States Code, Section 1512(b)(1) and Section 1512(b)(2)(B), respectively.” (Indictment ¶ 13.)
The Indictment alleges that Norris knowingly agreed with unnamed co-conspirators to commit numerous overt acts in furtherance of the charged conspiracy, that the purpose of the agreement was to tamper with witnesses and corrupt persuasion to destroy or conceal documents which were the subject of the grand jury investigation, and that numerous overt acts took place in furtherance of that agreement. (Id. ¶¶ 12-19.) Count II is therefore sufficient on its face.
. Count III charges Defendant with witness tampering, in violation of 18 U.S.C. § 1512(b)(1). The elements of the offense are: (1) the defendant knowingly corruptly persuaded or attempted to corruptly persuade some person; (2) the defendant acted with intent to influence the testimony of that person in an official proceeding; (3) the defendant knew or should have known that the official proceeding was pending or likely to be instituted; and (4) the official proceeding was a federal proceeding. See Third Circuit Pattern Jury Instructions 6.18.1512B, December 2009; see also, United States v. Davis, 183 F.3d 231, 248-50 (3d Cir.1999); United States v. Richardson, 265 Fed.Appx. 62, 65 (3d Cir.2008).
Count III alleges that Defendant "corruptly persuaded and attempted to corruptly persuade persons, whose identities are known to the Grand Jury, with intent to influence their testimony in an official proceeding, that is the federal grand jury sitting in the Eastern District of Pennsylvania investigating, among other things, possible federal criminal antitrust violations occurring in the carbon products industry and committed by the defendant and others.” (Indictment ¶ 21)
Moreover, the Indictment further specifies that in committing the offense the Defendant: (a) gathered co-conspirators in response to the investigation and that they agreed (i) to falsely character price-discussion meetings they had with competitors as legitimate joint venture meetings and (ii) to prepare written summaries of their price discussion meetings that falsely characterized them as legitimate joint venture meetings (Id. ¶¶ 19(g-k)); (b) Defendant and co-conspirators agreed that when questioned during the investigation they would falsely characterize the price-discussion meetings as joint venture meetings as reflected in the written summaries they prepared (Id. ¶ 19(1)); (c) one of Defendant's co-conspirators (i) met with an executive (CW-1) of a company that had participated in the price-fixing conspiracy to discuss the United States investigation; (ii) gave that executive meeting summaries that falsely characterized meetings their two companies had held; (iii) told that executive the summaries contained the story of what Morgan executives had told the authorities in connection with the investigation; (iv) asked the executive to distribute false summaries to potential witnesses at his company who had attended price-fixing meetings; and (v) told the executive that it would benefit the executive's company if "the recollection” of those individuals who had attended meetings was the same or similar to Morgans {Id. ¶¶ 19(u-z)); and (d) the Defendant then met with CW-1 and discussed the grand jury investigation being conducted by the Antitrust Division, telling CW-1 that he knew CW-l’s company was aware of the story that Morgan had told authorities, that CW-l's company's employees should give the same testimony in order to have the U.S. grand jury .investigation closed, and that employees who, in contrast, might tell the truth should be separated from the company before they were questioned so that the company could not force them to testify {Id. ¶¶ 19(aa-ee)).
. Defendant primarily relies on Greenidge and Panarella to argue the Indictment fails to charge an offense. See Government of Virgin Islands v. Greenidge, 600 F.2d 437 (3d Cir.1979) (finding that the assault victim and the potential rape victim were alleged to be different and the statute required that they be the same); Panarella, 277 F.3d at 684-85 (rejecting defendant's argument that the specific facts alleged in the superseding information did not amount to honest services wire fraud). Defendant’s reliance on Greenidge and Panarella is misplaced.
In Greenidge, the factual allegations could not be consistent with a statutoiy element and thus could not support the charge. However, here, the factual allegations made in the Indictment when accepted as true, as they must be, are consistent with and support each of the offenses charged and thus do not fall beyond their reach.
In Panarella, the defendant was indicted for being an accessory after the fact to a wire fraud scheme. Panarella, 277 F.3d at 681. After entering a guilty plea, he challenged the sufficiency of the charge on the grounds that it failed to allege that the payments were bribes or that the legislator's actions were improperly influenced by them. Id. at 682. The Third Circuit disagreed and found that no such allegation of proof is required and the mere fact that the legislator received the payments while failing, in violation of state law, to disclose them before partaking in a discretionary action that benefitted the payor sufficiently set forth a charge of honest services fraud. Id. at 697. Here, the allegations in the Indictment go beyond tracking the language of the statute, provide much detail to the alleged crimes and certainly charge an offense for the purposes of Rule 12(b)(3)(B).
. Count Four charges Defendant with violating 18 U.S.C. § 1512(b)(2)(B). The elements of the offense are: (1) the defendant knowingly and corruptly persuaded or attempted to corruptly persuade some person; (2) the defendant acted with intent to cause or induce that person to alter, destroy, mutilate or conceal and object with the intent to impair the object's integrity or availability for use in an official proceedings; (3) the defendant knew or should have known that the official proceeding was pending or likely to be instituted; and (4) the official proceeding was a federal proceeding. See Third Circuit Pattern Jury Instructions 6.18.1512B, December 2009; see also United States v. Applewhaite, 195 F.3d 679, 688 (3d Cir.1999); United States v. Fumo, No. 06-319, 2009 WL 1688482, at *52-53 (E.D.Pa. June 17, 2009).
Count Four alleges Defendant "knowingly corruptly persuaded other persons ... with intent to cause or induce those persons to alter, destroy, mutilate or conceal records and documents, with intent to impair their availability for use in an official proceeding, that is the federal grand jury sitting in the Eastern District of Pennsylvania investigating ... possible federal criminal antitrust violations occurring in the carbon products industry and committed by the defendant and others. (Indictment ¶ 23.)
Among other things, Count Four states that in committing the offense: (a) in response to the Morganite federal grand jury subpoena, Defendant instructed others to conceal or destroy records contain evidence of price-fixing agreements or contracts with competitors (Id. ¶¶ 12, 19(a)); (b) Defendant (i) asked a co-conspirator to assemble a task force to remove documents that contained evidence of price-fixing or contacts with competitors; (ii) the co-conspirators assembled a task force and directed its members to conceal or destroy any evidence of price-fixing or contacts with competitors that they found; and (iii) as a result of their efforts, co-conspirators actually concealed or destroyed such evidence (Id. ¶¶ 19(b-d)); and (c) Defendant directed another co-conspirator to instruct a person to conceal or destroy any documents that contained evidence of price fixing or contacts with competitors (Id. ¶ 19(f)).
. Because Norris is a national of the U.K., the Government sought to extradite him to the United States to stand trial in the Eastern District of Pennsylvania. On September 29, 2005, the U.K. Home Secretary ordered that he should stand trial. This decision was upheld by the Queen’s Bench Divisional Court and the House of Lords.
. United States courts have consulted with the sending state on whether there has been a breach of the principle of speciality. See, e.g., United States v. Rauscher, 119 U.S. 407, 415, 7 S.Ct. 234, 30 L.Ed. 425 (1886); United States v. Diwan, 864 F.2d 715, 720-21 (11th Cir.1989); Fiocconi v. Attorney General of U.S., 462 F.2d 475, 481 (2d Cir.1972).
| CASELAW |
User:Eric718
Eric Michael Shapiro (Born July 18, 1983) is an American Writer and Essayist best known for his social commentary and quick-humored writing style. His first book, a compilation of short stories and other narratives originally titled "Outraged and beyond" is expected to be released sometime in 2008, and is still being edited by Rambunxious Publishing LLC. Eric graduated from Penn State University in 2006 with a B.A. in Journalism. Eric has stated publicly to have a pet peeve regarding the pronunciation of his last name "Shapiro" claiming it is pronounced (Sha-pie-ro) and not (Sha-peero). Eric currently resides in his hometown in the northeast section of Philadelphia. | WIKI |
Wikipedia:Requests for adminship/Kizor
* The following discussion is preserved as an archive of a successful request for adminship. Please do not modify it .
Kizor
'''Final (40/0/4); Originally scheduled to end 15:57, 18 October 2007 (UTC). Nomination successful. --Deskana (talk) 15:57, 18 October 2007 (UTC)'''
- I'd like to ask that the community decides whether or not to make Kizor an administrator. I first met Kizor on IRC (please don't hold that against him :P) where he came to one of the Wikipedia-related channels to ask for some help with an uncontroversial but slightly confusing page move. I helped him with it, but my connection was too slow to do the entire process, so I just did the deletions for him. I was struck by his positive attitude and easy-going nature during the process, and I took a look around at some of his contributions. Users with a sense of humor like Kizor's are a strong asset to the community. On the occasion that he is involved in a disagreement, he defuses it with kind words and well-placed humor. He makes strong, positive contributions through the entire project, and very clearly is interested in improving Wikipedia. I see no evidence that he'd do anything but useful things with the few commands administrators have, and I hope those of you reading agree with me. kmccoy (talk) 03:10, 9 October 2007 (UTC)
* I should note, by the way, for those who are suspicious of things arranged on IRC, that I only spoke with him there once. I was just genuinely struck by his positive attitude. I haven't seen him around on IRC since then. kmccoy (talk) 03:12, 9 October 2007 (UTC)
* Candidate, please indicate acceptance of the nomination here:
* I accept. --Kizor 15:52, 11 October 2007 (UTC)
Questions for the candidate
Dear candidate, thank you for offering to serve Wikipedia as an administrator. It is recommended that you answer these optional questions to provide guidance for participants:
* 1. What admin work do you intend to take part in?
* A: To be honest, not a lot at first. I'll have to grow into the role before I start resolving problems on WP:ANI or the like. I would get a whole lot of use from the tools in fighting vandalism and RC patrol. I've been doing less of that as I've been slow in migrating away from my increasingly obsolete favored method - browsing the RC page unassisted - but the counter on my user page should disperse any doubts about my activity in the field. There's a clear need for closing AfDs, but I'd have to mostly recuse myself from fiction AfDs, where I've been particularily active lately since they've been the same. Finally, I see myself doing a fair bit of grunt work. Undeleting and rationalizing procedurally deleted images that didn't receive fair use rationales in time (a pain with video game coverage), protecting, semi-protecting, unprotecting, dealing with moves over redirects, in general doing the things that I've asked admins to do when I've increasingly often found myself tugging on their sleeves. The event that Kmccoy mentioned is one example: An article on a Swedish children's book had a wrong title (an editor's translation not in general use), and a duplicate article since turned into a redirect to the former had the right title. To fix the situation without losing the latter's edit history, I wanted to swap the titles, which required three page moves and the deletions of three newly created redirects. (And if IRC conspirations bear such stigma, note that I hadn't been on the channel before and haven't since.)
* 2. What are your best contributions to Wikipedia, and why?
* A: Those composing my marathon at the initial stages of the Virginia Tech massacre article. We're now one of the ten largest websites in the world, and when disaster strikes, are used as a major information source on par with some of the best of major news outlets in speed and coverage. I value that. I jumped in some twenty minutes after the second shooting happened, kept at it for as long as I could stay awake, and continued on a somewhat less active basis for three more days, with a roughly estimated total of fifteen hours. Obligatory newspaper link. Kate's tool says that I clocked in well over 350 edits to the article, its talk page and assorted subarticles, but that total is greatly increased by the circumstances - the article was ceaselessly deluged by edits, so every change would have to be concise and fast or battle its way through edit conflicts. I did a number of things, adding new content, fighting vandalism, but mainly busied myself with helping to keep the article clear and coherent. At one point, this meant fixing citations for 90 minutes straight. (Don't.) Virginia Tech massacre is now a GA, but I can hardly take credit for that if next to none of my text has survived into the current version, now can I? :P As an aside, I was here for the 7 July 2005 London bombings and the Dawson College shooting as well and am now planning to start an "In case of emergency..." essay that would collect advice for editing crisis articles. This is in part because I'd get to use the acronym WP:BREAKGLASS.
* 3. Have you been in any conflicts over editing in the past or have other users caused you stress? How have you dealt with it and how will you deal with it in the future?
* A: Yes. Despite the nominator's praise, I do have a temper and events on Wikipedia have occasionally been enough to anger me. I haven't broken 3RR and I hope that I've never outright insulted another user, but I have used too harsh a tone in my comments or failed to assume good faith with what looked like questionable edits. The biggest conflict by far was over spoiler tags. I support the things - they make our coverage of fiction much more valuable for the readers. In late May a RfC was started over spoiler overuse, and I joined in at the start. In a few days the guideline page was rewritten to place great restrictions on their use, and then (starting when the rewrite was still a proposal, mind) a small group of half a dozen to a dozen anti-spoiler editors removed every single one of the 45'000 spoiler tags on Wikipedia. I participated in the bitter and protracted argument that ensued for two months, only quitting when I was too worn-down and exhausted to take it anymore. The debate continues to this day. I like to think that the spoiler farce made me realize the value of the "Save page" button between (the virtual equivalents of) the mouth and the world. It only took three-plus years to learn, but when I'd like to say something I probably shouldn't, not saying anything is an option and I'm free to walk away from the computer. I try to stick to that.
Optional question(s) by ArielGold
* 4. I see a longstanding pattern of blank edit summaries. Your mathbot results are 76% for major edits, and 69% for minor edits. What are your views on the purpose and use of edit summaries, even for minor edits? Would you be willing to set your preferences to prompt you when you do not include an edit summary? Ariel ♥ Gold 19:35, 11 October 2007 (UTC)
* A: They're an important tool. A summary is often what separates a well-reasoned edit from an arbitrary one, and they make page histories MUCH more pleasant. At the same time, I don't see much point in summaries when there's nothing to clarify; when leaving a message on an AfD or a small talk page, your action is clear from the page itself. Judging from the discussion below they're clearly more important, so I've bowed to peer pressure and especially Pedro's point about admin accountability, and enabled the prompt. --Kizor 16:09, 13 October 2007 (UTC)
Question from User:Piotrus
* 5. Would you add yourself to Category:Wikipedia administrators open to recall? Why, or why not? --Piotr Konieczny aka Prokonsul Piotrus 22:21, 11 October 2007 (UTC)
* A: That's new. A way to tell admins loud that they (and I quote) flumped, and deal with those who flump consistently, is a desirable safeguard. The way that it could conceivably be used for disputes or feuding is unnerving, but the requirements are considerable and so far it has only led to action for good reason. So yes, I would. (There's overlap with RfCs, but I've been observing a good-faith RfC that the target has dismissed as an attempt to discredit him, and appreciate something a bit more binding.) --Kizor 01:01, 14 October 2007 (UTC)
Question from User:Phgao
* 6. While I realise spoiler tags was the issue of your block, would you explain what your actions were that led to the block, if you engaged in any discussion with the editor that was removing spoiler tags before mass-reverting their edits, and what your own opinion is regarding the block? User:Phgao 14:12, 12 October 2007
* A: I've reviewed my contribs from that period. As background, it was some two days into the RfC. The Spoiler guideline had been rewritten from its previous, spoiler-friendly form into a much more restrictive one, but the latter was yet just a proposal. Some editors had taken to removing spoiler tags by the dozen, which I considered very bad form - taking it to the metaphorical streets felt disruptive to the RfC discussion and very unlikely to be productive. I'd restored some tags while leaving removals of superfluous ones alone. At this point, David Gerard started using WP:AWB to remove spoiler warnings by the hundred, by the thousand, indiscriminately. I considered this an attempt to implement a Wikipedia-wide change without consensus, to solve the matter by force. I still do, and that's certainly what it was used for - the next day, Tony Sidaway claimed that the matter closed because pro-spoiler editors had not been able to restore nearly as many tags as anti-spoiler editors had been able to remove. That became a primary argument. That's not consensus, that's tug-of-war. But I digress. That's what I was trying to stop by reverting, and Phil Sandifer blocked me after 18 reversions. Before I start claiming sainthood: Your question about discussion with the editor came as a surprise, meaning that the idea had never occured to me at the time, so I'd flown off the handle. Talking with Gerard is what I should have done. Phil Sandifer not seeking an uninvolved party was not a problem - a newcomer admin would've had to read too much too fast to form an informed opinion, never mind staying uninvolved at the same time - though a warning would've had the same effect while still allowing me to participate in the discussion. --Kizor 00:18, 15 October 2007 (UTC)
Questions from Miranda
* 7. You seem to contribute well to breaking news stories (have you ever tried Wikinews?) :-P Anyway, I have two questions relating to your contributions. First, if a breaking news story controversy with different conflicting sources occurred with a living person what would you do? And, what is your interpretation of ignoring the rules?
* A: I might have at some point, but I prefer our style and size. Your first contributions question is a painfully good one. It's not something that I've had to deal with, persons of interest in major breaking news stories are generally dead. First, I'd really wish that I wasn't there. Second, I'd point the issue out on the talk page. Both consensus and manpower are important - an article on breaking news is in a constant state of change instead of the usual restful sequentialism. A decision without an agreement would most likely be unenforceable. Third, pending some weighty facts of the case or a consensus to do otherwise, I'd cover all sides in the article while explicitly mentioning the source for each statement, so that the media confusion was clear and (vitally) we don't say what happened, we say who says what happened. Not "The gunman in custody is X or Y", rather "The gunman in custody was reported to be X by CNN, citing police reports, while NBC gave his name as Y". Any suspect sources should be disregarded, and the cites possibly restricted to the most reliable and/or largest news sources - both matters for the talk page. Fortunately the biggest names also tend to be the fastest, and such confusion is short-lived. Removal of unsourced information is a must, and is already done stringently with breaking news. An awful lot of work for a small matter, but nothing's ever simple when WP:BLP is involved. Ah, IAR, that cornerstone of our policies. Wikipedia is not immune to a common problem with volunteer and online projects: the tendency of the rules to be determined by those who care the most about rules, which easily leads to overlegistlation and process over product. IAR provides some counterbalance by being a reminder that policies and guidelines are means, tools for writing a good encyclopedia. Its loss would be an extremely worrying telltale shift in attitude. When it comes to its use to actual content, I'd like to see it actually invoked succesfully once in a while. What "Ignore all rules" means covers my position; I'd accept it as a valid argument when coupled with a reasonable explanation about why we should make an exemption to, or compromise with, guidelines. --Kizor 19:42, 15 October 2007 (UTC)
* 8. I have also noticed that you have a fair share of fair use warnings on your userpage beginning here for putting fair use images in your userspace. The images are currently obscured via Gnomebot, as seen via your sandbox. Although, I am assuming good faith with this, but tell me what you think is the difference between fair usage and free usage of images?
* A: Free use is free use, unlimited distribution and modification while following any restrictions in place. Fair use is a diferent animal altogether, and has to follow the necessarily draconian rules of Non-free content that basically considers it a necessary evil; among other things, such images must not be used more than is necessary to improve articles, and when they are, must be accompanied by a satisfactory explanation about why they're acceptable. That fair share of fair use warnings was where I found this out the hard way. --Kizor 14:33, 14 October 2007 (UTC)
Question from User:Gray62
* 9. Kizor, by your own account, you have a very busy real life recently. Do you think you can nonetheless do reasonable work as an admin, even though you would be hard pressed to follow up on the actions you start? Wouldn't it be a bit unfair towards editors to have to wait until you find the time to discuss any objections they might have regarding blocks, page protections etc? Gray62 12:45, 14 October 2007 (UTC)
* A: You're right in asking about my delays. I do have a problem with keeping things organized, and am consequently often tardy. It's good that the matter came up in this RfA. After thinking about your first question, the answer is yes. Despite the difficulty, I function normally as a student and hold a holiday office job, I don't believe that it precludes me from working as an admin. You know the answer to the second question. I need to keep an eye on myself, especially to avoid overcommitment leading to such situations, and nowadays actually have a to-do list of limited size for Wikipedia on my bedroom wall. The more is on it, the fewer things get in. (This wasn't the huge geek-out that you might imagine, it just meant adding another column to an existing piece of paper.) The root cause for my current overload of work is unusual and non-reoccuring. In fact, let's get the sob story over with. Some time ago I undertook ADHD testing as part of dealing with this very problem and was placed on ADHD medication without diagnosis as a test. It was discontinued six days later as completely unsuitable. I was left with a negative diagnosis, several days during which I'd been unable to get anything done, smashed routines and an inverted sleep rhythm. Study stuff has been piling up as I've tried to recover. I can confidently state that this sequence of events is not about to repeat itself. --Kizor 04:28, 16 October 2007 (UTC)
General comments
* See Kizor's edit summary usage with mathbot's tool. For the edit count, see the talk page.
* Links for Kizor:
''Please keep discussion constructive and civil. If you are unfamiliar with the nominee, please thoroughly review Special:Contributions/Kizor before commenting.''
Discussion
* I've had a look at Kizor's contribs and through some prelim browsing came across that fact that he had been blocked . Also some minor things include; this where the user says "one of them will require taking on David Gerard, Tony Sidaway and Phil Sandifer simultaneously", and it happens that two of these users were the users who blocked and then unblocked Kizor. I could be nitpicking here, but I just wanted to bring this to discussion to get a better feel of other editor's views on this. Phgao 12:45, 12 October 2007 (UTC)
* Phgao your hard work in providing a thorough review is always appreciated by candidates and other editors. May I suggest you address the issue to the candidate directly by using the Question section above? Pedro : Chat 13:49, 12 October 2007 (UTC)
* I saw this on his page, too. The way I read the second edit is simply that he learned during the conflict over spoiler tags how difficult it can be to be on the other side of an argument with David Gerard, Phil Sandifer, and Tony Sidaway. (I would probably make a similar comment if I was contemplating arguing on the side of those three! I say this with respect... I just don't know them as being push-overs.) It seems to me that he learned that conflicts on Wikipedia can turn nasty quite quickly. I would point out that he addresses this issue pretty extensively in his answer to the third question up above, but I'll leave it up to him if he wants to make any further statement about it. :) kmccoy (talk) 14:08, 12 October 2007 (UTC)
* I've asked a question that specifically addresses the issue of the block, which isn't really addressed in Q3, although the issue itself is well explained there. Phgao 14:12, 12 October 2007 (UTC)
* Phil Sandifer (the blocking admin) is one of the more vigorous opponents of spoiler warnings, and around that time there were users who were removing tens of thousands of spoiler warnings en masse without consensus. I don't really think this block was appropriate, or something to worry about 5 months later. Melsaran (talk) 10:17, 13 October 2007 (UTC)
* Suggestions to Neutrals; Why not register "Support" or "Oppose" on the proviso that you may return to Neutral before the close if questions remain unanswered (or indicate likely stance while still neutral) so other editors can evaluate your current thinking? It may also help the candidate. It is rare to see so many neutrals, against the number of supports and no opposes.LessHeard vanU 22:21, 13 October 2007 (UTC)
Support
* 1) Support as nominator. kmccoy (talk) 03:12, 9 October 2007 (UTC)
* 2) Support He has plenty of experience. I checked his edits to recent AFDs and an RC patrol revert, and everything looks okay. Shalom (Hello • Peace) 16:09, 11 October 2007 (UTC)
* 3) Support this is the first time I haven't reviewed the userscontribs. He seems civil-- Phoenix 15 (Talk) 17:01, 11 October 2007 (UTC)
* 4) A very dedicated wikipedian especially that can be seen that he is one of the earliest contributors to Virginia Tech MassacreSupport--WriterListener 20:31, 11 October 2007 (UTC)
* 5) A fine editor. Acalamari 20:45, 11 October 2007 (UTC)
* 6) Support - I have no concerns. -- Eye of the minD 23:30, 11 October 2007 (UTC)
* Support I trust a nomination from Kmccoy :) <IP_ADDRESS> 00:09, 12 October 2007 (UTC)
* I'm sure that Kizor appreciates your anonymous support, but as you are not logged in as a username, your opinion cannot be counted. I'm sorry. I'll move your comment in so it isn't numbered, but you may wish to log in to be counted. Cheers! Ariel ♥ Gold 15:59, 12 October 2007 (UTC)
* This is just pure process wonkery, srsly. At least I didn't oppose lol. <IP_ADDRESS> 19:31, 12 October 2007 (UTC)
* 1) Yes NHRHS2010 Talk 00:15, 12 October 2007 (UTC)
* 2) Support I have found Kizor to be both friendly and reasonable and I think he would make a good administrator. Best wishes! Sincerely, -- Le Grand Roi des Citrouilles Tally-ho! 01:48, 12 October 2007 (UTC)
* 3) Support A very civil user who deserves the mop. No major concerns here and I think that he will make a fine admin as well. -- S iva1979 Talk to me 02:29, 12 October 2007 (UTC)
* 4) Support A solid candidate. — Wen li (reply here) 02:58, 12 October 2007 (UTC)
* 5) Strong Support Lots of experiance, committed to the job, honest. Aflumpire 03:10, 12 October 2007 (UTC)
* 6) Support. Good contributions. --Shirahadasha 04:21, 12 October 2007 (UTC)
* 7) Yeah I think Kizor could make a good admin. -- Anonymous Dissident Talk 04:41, 12 October 2007 (UTC)
* 8) Support Per interaction only yesterday, and a review of your contributions, civility and dedication. However please consider turning on the automatic edit summary in your preferences. It's vital (IMHO) for admins to justify and describe actions through this method. No concerns other than that however. Best Wishes. Pedro : Chat 07:31, 12 October 2007 (UTC)
* 9) Support, no concerns. Neil ム 12:23, 12 October 2007 (UTC)
* 10) Support As per Acalamari and Good contributions with over 5000 mainspace edits.See no concerns.Pharaoh of the Wizards 12:44, 12 October 2007 (UTC)
* 11) Support. Good editor. --- RockMFR 15:14, 12 October 2007 (UTC)
* 12) Support I have never supported an applicant with so much red in the edit summary column, and I would urge Kizor to change the preferences to force adding edit summaries. Otherwise, I only see good things and nothing to suggest the abuse of the mop. LessHeard vanU 20:49, 12 October 2007 (UTC)
* 13) Support General awesomeness. User:Krator (t c) 21:12, 12 October 2007 (UTC)
* 14) Support Contribs look good, dedicated, long-time editor, great admin candidate... κaτa ʟ aveno TC 00:30, 13 October 2007 (UTC)
* 15) Support Very positive interactions with Kizor when working on Virginia Tech massacre. Happy to support. Ronnotel 02:51, 13 October 2007 (UTC)
* 16) Support I think it is time to give Kizor the mop. :) -- Cobi(t 03:42, 13 October 2007 (UTC)
* 17) Support I agree with Cobi. :) L337p4wn 06:23, 13 October 2007 (UTC)
* 18) Support. Looks good. Melsaran (talk) 10:17, 13 October 2007 (UTC)
* 19) Support. Edit summaries and images notwithstanding, I think Kizor looks like a great candidate. Good luck! -- 12:40, 13 October 2007 (UTC)
* 20) Support - not worried about the block, however more edit summaries would be nice. Overall a fine candidate. Addhoc 12:52, 13 October 2007 (UTC)
* 21) I'm Mailer Diablo and I approve this message! - 17:36, 13 October 2007 (UTC)
* 22) Support, though I'd like to see the response to the remaining unanswered questions. I don't believe they will change my opinion, though, and look forward to mopping with Kizor. - Philippe | Talk 21:41, 13 October 2007 (UTC)
* 23) Support;mdash I thought you were and admin already =P. Good edit counts and pretty good contributions. Impressive collection of barnstars! •Malinaccier• T / C 21:45, 13 October 2007 (UTC)
* 24) Support John254 04:39, 14 October 2007 (UTC)
* 25) Support Jmlk 1 7 06:30, 14 October 2007 (UTC)
* 26) Support - Excellent candidate from what I can see. Lra drama 10:47, 14 October 2007 (UTC)
* 27) Support Pleased with honest answer, block was a long time ago (May), so I give Kizor my support. Phgao 08:45, 15 October 2007 (UTC)
* 28) Support I thought Kizor was already an admin anyway. Rray 14:11, 15 October 2007 (UTC)
* 29) Weak Support Kizor is an extremely prolific, useful editor, even on Male pregnancy, with dozens of scars from vandal-fighting. I am worried about his block for mass edits, albeit some time ago, and also the lack of edit summaries, but on the whole I trust Kizor to use the mop. Bearian 15:17, 15 October 2007 (UTC)
* 30) Support no reason not to; RC patrolling is an area that needs more help and s/he knows what s/he's doing there; I don't think s/he'll be jumping in to close the most contentious AFD's on day one but I think s/he realizes this as well. P.S. there are lots of other special pages other than RC that need admin attention too (can I plug short pages, here?) Carlossuarez46 22:22, 15 October 2007 (UTC)
* 31) Support A frivolous five-month-old block on Orwellian grounds is no reason to oppose. --JayHenry 14:38, 16 October 2007 (UTC)
* 32) Support Kizor has a strong contribution history and has given rather thoughtful answers to the questions asked. I think this more than displaces any concern I'd have from the block. It looks as though s/he'll make a good admin. -- B figura (talk) 17:17, 17 October 2007 (UTC)
* 33) Support Should make a good admin. Davewild 07:02, 18 October 2007 (UTC)
* 34) Support - yes. Great editor. Rudget Contributions 15:55, 18 October 2007 (UTC)
Oppose
* Oppose Changed from 'Neutral'. Checking this RfA for the last days, it has been increasingly clear that this is the wrong time for the candidate to become admin. By his own statements, real life is leaving him with very little time for WP. Looking into the contribs, we find he really hasn't had much time to do editing. That's totally ok. But that's also showing that he won't have time to use admin tools in a reasonable and responsible way. He simply won't be there most of the time to catch up on the actions he started, and this would be unfair and not helpful for affected editors and other admins who would have to take over his unfinished businesses. We need more admins, but admins who don't have the time make no sense. They only inflate the numbers, without adding anything to the workforce. Of course, I see that this RfA will still go through. Ok, not really a big problem. But we shouldn't pat ourself on the shoulder for having 1354 admins now. New staffers that ain't got the time to pick up their share of work aren't really a support for the other admins. We need more good candidates who actually have some time on their hands to invest in WP. Gray62 09:08, 15 October 2007 (UTC)
* Ok, the thoughtful and reflective way in which Kizor answered my question assures me that he's aware of the problem I outlined here, and I'm reasonably confident now that he won't take on more than he can handle as an admin. However, I still think the timing of this RfA was less than satisfactory. On the other hand, Kizor's contribs so far speak for themselves, and if he has more time on his hands, he will be a very valuable addition for the admin team. So, ok, I switch a last time to 'Neutral'. Sry for messing this thread up, but this really was a serious point of concerns for me! :-( Gray62 12:13, 16 October 2007 (UTC)
* Oppose I just cannot trust a user who cannot answer all the questions posed at him/her (i.e. Q6). I know it is optional, but what are you trying to hide? Yahel Guhan 08:13, 14 October 2007 (UTC)
* Maybe the candidate had to run out before finishing answering all of the questions? Personally, I'd prefer a substantial and well-thought-out answer to such a pivotal question, rather than a rush-job. With all due respect, I think this oppose is a little harsh. Daniel 11:19, 14 October 2007 (UTC)
* Doesn't this RfA run until the 18th? I would assume the candidate will still answer the questions. κaτa ʟ aveno TC 12:26, 14 October 2007 (UTC)
* Well, most of us here have a real life, to. Having to check daily if the candidate submitted another answer is inconvenient, to say it politely. And, hypothetically, let's say a candidate choses to answer the questions on the last day of his RfA. Would you think this is ok? :-/ Gray62 12:38, 14 October 2007 (UTC)
* Yes. I have seen new questions asked near the last day in other RfAs. But it is irrelevant what I think about your inconveniences. If the inconvenience damages your trust in the candidate, then you can oppose. κaτa ʟ aveno TC 13:28, 14 October 2007 (UTC)
* You have a point here. Imho it is irrelevant what we think about Kizor's inconveniences, too. The question should be, will they negatively affect his work as an admin? :-/ And, as for the questions, I should have been more precise: Would you think it's ok if on the last day of the RfA, questions that are already three days old are still left unanswered??? Gray62 14:30, 14 October 2007 (UTC)
* Well checking the contribs history, he has edited wikipedia over the last three days, and has answered questions 7 and 8. He has also commented today. Yet even dispite my pointing this out, he still hasn't answered question 6. I don't think he is too busy to answer that question or hasn't gotten to it yet, for if he was, He probably wouldn't have answered questions 7 or 8 either yet (or maybe not even have commented on this page). I think he is deliberately ignoring that question, and I don't know why, and it makes me suspecious of him. Yahel Guhan 21:23, 14 October 2007 (UTC)
* They are optional questions, all of them. There is no requirement to answer, nor to give any reason for not answering. Participants are entitled to make a decision based in part on the non-response, but they have no right to demand a response so that they may make a judgement. LessHeard vanU 21:49, 14 October 2007 (UTC)
* There is also no requirement for us to support a candidate if we have the increasing impression that he won't be there to do any admin work. This RfA has already been more effort than those of better candidates, and I'm really starting to ask myself if Kizor shouldn't have chosen a later date when he's got more time on his hands to make this step... :-( Gray62 08:42, 15 October 2007 (UTC)
* I've been working through the questions from the easiest to the hardest, and reviewed my contributions from that period to properly answer question 6. Though these are optional - thanks, LessHeard - such a matter as a block does deserve an explanation. --Kizor 21:55, 14 October 2007 (UTC)
* It seems he answered the question, to some satisfaction, so for now, I'm changing my vote to neutral. I'm not convinced at this point to give support, but I have no other objections at this time. As for LessHeard's comment, I recognize that he doesn't have to answer the question, as I have stated myself above in my original post, and I am not demanding that. However, I and other users are entitled to judge him on that action (or inaction). Yahel Guhan 02:51, 15 October 2007 (UTC)
Neutral
* 1) Neutral. Will be interested by response to Q.4 and Q.6 - I would have asked similar things had other people not already done so. WjBscribe 03:37, 13 October 2007 (UTC)
* I'm going to remain neutral. I don't like the mass reverting in the spoiler debate issue. I don't like the fact it was done without edit summaries and frankly I think David Gerard was utterly right that spoiler warnings on sections called "plot" or "synopsis" are pointless self-reference. That someone chose mass reverting over further discussion bodes ill for how they will handle dispute as an admin. I note that over time those spoiler warnings have not been restored to those articles, which seems a strong indicator of consensus. Sometimes the best approach is "wait and see" if others agree. That applies particularly to admin actions that can have much more serious consequences. I am sufficiently persuaded by those supporting and by the responses by Kizor not to oppose, but a I'm not willing to support an RfA at this stage. WjBscribe 21:55, 17 October 2007 (UTC)
* Neutral for now I can't really make a decision without the editor themselves answering the questions asked of them. Phgao 04:01, 13 October 2007 (UTC)
* Neutral for now. A very promising candidate, refreshingly different. I think his approach, especially regarding deleted pictures, is very valuable. That's the kind of admin noob editors, who often have trouble adjusting their contributions to the guidelines, need for support. However, the candidate should take this process here more seriously and answer the questions asap! I refuse to give a support vote as long as the candidate doesn't participate here. Gray62 08:48, 13 October 2007 (UTC)
* Looking into Kizor's contribs, I see he has been editing today, but didn't care for answering the questions here. While I'm with the majority in believing he would be a good admin, I think his lack of attention to this process is reason for concerns. Imho we don't need admins that aren't there when their participation is needed :-( Gray62 12:56, 13 October 2007 (UTC)
* (edit conflict) Whoa, apologies. I've had two assignments of the "work through the evening, pull an all-nighter, apply finishing touches on your way to university" variety, making it rather tricky to muster the time to answer the questions properly. You're right, though, I'll get right on it (and have already enabled forced summaries). --Kizor 13:09, 13 October 2007 (UTC)
* This is an example of why I personally find RFA so frustrating. :/ Kizor doesn't answer questions for two days and it's treated as a personal attack against the editors who spend a large amount of time on this page. No regard is given to the possibility of real-life activities. Taking your time to consider a thoughtful answer to a question is also written off as "not caring". While I, personally, am in the "not a big deal" group, I understand that some people think it's more of a serious concern. I just hope you're putting it in the proper context. This isn't a job interview. It's important to find people who aren't going to blow up and do a bunch of deletion and blocking on their way, and try to prevent things like that. But an admin who doesn't trip over themselves rushing to respond to requests from people isn't harmful. An admin who has real life concerns isn't harmful. The difference between this and a job interview is that in a job interview, you need to find the most qualified candidate(s) to fill the number of jobs you have open, based on how much salary you want to offer. Here, we have no limits on the number of positions to fill, so we are just trying to avoid "hiring" people who will cause more harm than good. If there's further discussion to be had on this topic, I'll continue it on WT:RFA, since I've pretty much stretched the boundaries of relevance to Kizor's RFA. Thanks for indulging me. :) kmccoy (talk) 18:41, 13 October 2007 (UTC)
* Kizor, thx for this info, looking forward to your answers. And, Kmccoy, I don't think I deserve criticism for pointing out that doing other edits and leaving the questions unanswered begs some questions. I'm pleased that Kizor now explained his problem. Gray62 23:56, 13 October 2007 (UTC)
* 1) Neutral pending to answering questions four through seven. Miranda 09:15, 13 October 2007 (UTC)
* Neutral per Miranda . Vote changed to Support if only for the answer to question 7. Definitely subject to change though. Wisdom89 18:46, 13 October 2007 (UTC)
* 1) Neutral changed vote from oppose to neutral for now per my statements above. Yahel Guhan 02:54, 15 October 2007 (UTC)
* 2) Neutral per Kizor's answer to my question and per my arguments above. I apologize for being such a flipflopper, but I really thought it was important to clarify the point about the possible consequences of, uh, a 'time-handicapped' admin. Gray62 12:13, 16 October 2007 (UTC)
* What, exactly, do you see as those consequences? Surely some help is better than no help? Some sort of "must be on the site 2 hours a day" requirement is something I think we should really strongly avoid. --JayHenry 14:38, 16 October 2007 (UTC)
* Well,I see it this way: Having been less than two hours at WP for some time now is an issue that has to be considered when giving admin tools. After all, as an admin the candidate could start ll kinds of actions that would require his attention. We may like it or not, but many admins are reluctant to overrule the decisions of a collegue, even if there is good cuase for doing so. They want to contact this admin first, and in cases like Kirzon's, this would be difficult. Also, as in the case of User:Bblackmoor, which we discussed in another RfA, there are some difficult cases where the offending party calls for an admin, and the other editor is blocked very soon, without the admins doing enough to check the timeline of such editwars. Such collateral damage is hurting good faith editors and WP. An admin who hasn't enough time on his hands should stay away from such cases, or else there is a high risk he would do more harm than help. Well, I stand by my opinion that this is an issue. Gray62 14:51, 16 October 2007 (UTC)
* The above adminship discussion is preserved as an archive of the discussion. Please do not modify it. Subsequent comments should be made on the appropriate discussion page (such as the talk page of either this nomination or the nominated user). No further edits should be made to this page. | WIKI |
Page:A Treatise on Electricity and Magnetism - Volume 1.djvu/11
fact that certain bodies, after being rubbed, appear to attract other bodies, was known to the ancients. In modern times, a great variety of other phenomena have been observed, and have been found to be related to these phenomena of attraction. They have been classed under the name of Electric phenomena, amber, ἤλεκτρον, having been the substance in which they were first described.
Other bodies, particularly the loadstone, and pieces of iron and steel which have been subjected to certain processes, have also been long known to exhibit phenomena of action at a distance. These phenomena, with others related to them, were found to differ from the electric phenomena, and have been classed under the name of Magnetic phenomena, the loadstone, μάγνης, being found in the Thessalian Magnesia.
These two classes of phenomena have since been found to be related to each other, and the relations between the various phenomena of both classes, so far as they are known, constitute the science of Electromagnetism.
In the following Treatise I propose to describe the | WIKI |
Frequently Asked Questions About In Office Procedures
How Much Pain or Bleeding Will There Be?
Most patients will have some bloody nasal drainage overnight with a sinus headache for a couple of days. You will be given pain medicine for use after the procedure to help alleviate these problems.
Will My Nose Be Packed?
Your nose will not be packed. You will be able to breathe through your nose after the procedure.
What Kind of Anesthesia Will Be Used?
We usually give you Valium and Lortab beforehand as sedatives, so you are not nervous. When you arrive, we put anesthetic spray in your nose. We apply additional anesthetic inside your nose before we begin the procedure.
How Long Will I Be Off Work?
Most patients will need to take off the day after the procedure and can return to work the second day.
When Can I Travel?
Most patients can travel two weeks after the procedure. However many patients are able to travel sooner. This can be discussed with us and suggestions for your particular situation can be made.
Does Balloon Sinuplasty Work?
Clinical research confirms that Balloon Sinuplasty provides long-term relief from sinus symptoms by opening blocked sinus passageways.
Is Balloon Sinuplasty safe?
Yes. Clinical studies have shown that Balloon Sinuplasty is safe, minimally invasive, and significantly improves quality of life.
What Are The Risks Associated With Balloon Sinuplasty?
Because Balloon Sinuplasty is less invasive than traditional sinus surgery, there is a low complication rate; however, there are some associated risks, including tissue and mucosal trauma, infection, and possible eye or brain injury. There have been hundred of thousand balloon sinuplasties done since it was invented and the reported number of severe complications is very low. Dr. Atkins has never had a serious complication from balloon sinuplasty.
Does Balloon Sinuplasty Limit My Future Sinusitis Treatment Options?
No, it does not limit future treatment options. That is the great part about it. The revision rate is very low; however, if revisions are needed, they are usually straightforward because the original anatomy has not been significantly altered.
Is The Balloon Left In?
No, the balloon is positioned, inflated, deflated and removed. It can take a couple of minutes to position the balloon in the correct spot for each sinus, but once positioned, the inflation and deflation takes just a few seconds.
Are The Effects Permanent?
Studies have shown that the areas dilated by the balloons stay open 94% of the time.
What Is The Revision Rate?
Published revision rates are about 5.25% for balloon sinuplasty. That means that on average about 5 patients in 100 will need another procedure. The next procedure could either be an additional balloon procedure in the office or a formal sinus surgery in the operating room. Dr. Atkins’s results are about the same as the published results.
What Medications Do I Need to Be On Before Surgery?
You will need to be on antibiotics and steroids immediately preceding your surgery to make sure that any inflammation in your nose is under control. We will prescribe these for you.
Am I Really Supposed to Eat and Drink Before My Procedure? Other Surgeries I Have Had Did Not Allow Me to Eat or Drink After Midnight.
If you are going to have general anesthesia you are not allowed to eat or drink after midnight. Since this is local anesthesia, you are allowed to eat and drink before the procedure. In fact we strongly encourage you to eat a moderate amount and drink a lot of water before your surgery. Cokes and teas are not the best option for being well hydrated before your surgery. Water works best. | ESSENTIALAI-STEM |
The Legend of Bonnie and Carl
"The Legend of Bonnie and Carl" is the ninth episode of the fourth season of the American television comedy drama Shameless, an adaptation of the British series of the same name. It is the 45th overall episode of the series and was written by supervising producer Etan Frankel and directed by executive producer Mark Mylod. It originally aired on Showtime on March 16, 2014.
The series is set on the South Side of Chicago, Illinois, and depicts the poor, dysfunctional family of Frank Gallagher, a neglectful single father of six: Fiona, Phillip, Ian, Debbie, Carl, and Liam. He spends his days drunk, high, or in search of money, while his children need to learn to take care of themselves. In the episode, Fiona tries to find a job, while Mickey is extorted by Svetlana.
According to Nielsen Media Research, the episode was seen by an estimated 1.70 million household viewers and gained a 0.8 ratings share among adults aged 18–49. The episode received positive reviews from critics, who praised the separate storylines in the episode.
Plot
As part of her probation, Fiona (Emmy Rossum) can finally leave the house to find a job. Gail (Regina King) explains the protocol, which dictates that she must be home by 6pm or she will be arrested for violating her parole. Despite that, Fiona struggles in finding jobs, as her charges are making the employers uneasy about hiring her.
Mickey (Noel Fisher) has been staying with the Gallaghers, ignoring Svetlana (Isidora Goreshter) and his child. An upset Svetlana confronts him for his absence, and demands $500 for child support or she will out him to his father when he is released from prison. Mickey asks Kevin (Steve Howey) for his share of the Alibi, but is disappointed to learn it is a very small payment. Desperate, he and Ian (Cameron Monaghan) decide to scam rich businessmen, blackmailing them into giving them money. Debbie (Emma Kenney) is jealous upon learning that Matty (James Allen McCune) has a new girlfriend, but Mandy (Emma Greenwell) suggests stalking her to intimidate her. Debbie starts following her, and goes as far as to plant a snake in her car, warning her to stay away from Matty. However, the girlfriend realizes it was Debbie and threatens her with a baseball bat.
Sheila (Joan Cusack) returns from the reservation, and she discovers Frank (William H. Macy) in dire health. As Frank sleeps, Sheila relates how Roger turned out to be abusive and fled from the law, but expresses interest in adopting his children. To increase her chances of adopting, Sheila comes up with the idea of marrying Frank. When Frank loses consciousness, Sammi (Emily Bergl) calls in an ambulance; Frank resists the paramedics and tells Sammi he just wants alcohol. Amanda (Nichole Sakura) tries to seduce Lip (Jeremy Allen White), which he tries to resist, as she is dating his roommate. However, the roommate is content with letting Lip sleep with her, as he was done with her. Meanwhile, Mandy's boyfriend Kenyatta (Shel Bailey) becomes aware of her affair with Lip and chases him throughout the college to beat him. Security guards restrain Kenyatta, and Lip claims he was a drug dealer. Later, Mickey is shaken to discover that Kenyatta has brutally beat Mandy.
Carl (Ethan Cutkosky) connects with a girl named Bonnie (Morgan Lily); they appear to have the same interests for recklessness and violence. He later assists her in robbing a store with a fake gun, although Carl is shocked when Bonnie reveals the gun is real. Bonnie allows Carl to keep all the money, and then kisses him. Sammi surprises Frank by revealing she brought the Alibi Room to him, with Kevin and the patrons accompanying him. Unable to find a job, Fiona visits Worldwide Cup and asks if the reason for her firing can be changed; she is confronted by Mike's sister, who berates Fiona for her actions in front of the entire office. Ashamed and humiliated, Fiona tearfully visits Robbie (Nick Gehlfuss) and blames him for ruining her life.
Production
The episode was written by supervising producer Etan Frankel and directed by executive producer Mark Mylod. It was Frankel's seventh writing credit, and Mylod's tenth directing credit.
Viewers
In its original American broadcast, "The Legend of Bonnie and Carl" was seen by an estimated 1.70 million household viewers with a 0.8 in the 18–49 demographics. This means that 0.8 percent of all households with televisions watched the episode. This was a 4 percent decrease in viewership from the previous episode, which was seen by an estimated 1.77 million household viewers with a 0.8 in the 18–49 demographics.
Critical reviews
"The Legend of Bonnie and Carl" received mostly positive reviews from critics. Carlo Sobral of Paste gave the episode a 9.1 out of 10 rating and wrote "Week after week now, I keep expecting Shameless to take the foot off of the gas a bit. The first couple episodes of season four started slowly, but as things started to pick up, the momentum has continued and Shameless has delivered yet another outstanding episode." Sobral commented highly on the pairing of Bonnie and Carl, but panned Debbie's storyline: "I still feel Debbie's storyline has been the overall weakest of all the Gallagher arcs this season. Emma Kenney can't be faulted. She has played the role well, but ultimately, this Debbie/Matty storyline feels like it has been given more time than necessary." Andy Greenwald of Grantland praised the storylines and themes of the episode: "It's remarkable that a show so devoted to mining laughs out of parental neglect never loses sight of the bruises it leaves behind — and the way the cycle repeats itself in the worst possible ways."
David Crow of Den of Geek gave the episode a perfect 5 star rating out of 5 and wrote, "In many ways, this week is vintage Shameless. It enjoys the series' unique blend of gallows humor and earnest drama that makes it incredibly hard to quantify or categorize. While the series is never sentimental, it knows how to put its heart on its dirty sleeve, which is all the more impressive when there's a good chance of it getting snatched in this neighborhood." Leigh Raines of TV Fanatic gave the episode a 4.5 star rating out of 5, and wrote, "Fiona was finally allowed a brief reprieve from her house arrest on [the episode]. The enthusiasm she had her first morning out quickly dissipated when she realized how hard it would be finding a job with a criminal record."
Joshua Alston of The A.V. Club gave a mixed review, giving the episode a "B–" grade and writing ""The Legend Of Bonnie And Carl" isn't a fantastic episode of Shameless. It sets up some dominoes for the final three episodes, but there's not a ton of joy in it. I think my main issue with the episode was tonal; with the unbelievable mess Fiona has created for herself and Frank passed out against death's door, the leavening humor becomes especially important, and I didn't find much of "Bonnie And Carl" funny." Despite this, Alston gave particular praise towards Frank's storyline: "Frank's scenes with Sammi were pretty incredible, and Frank's reaction to a recreation of the Alibi Room in Sheila's living room is among William H. Macy's all-time greatest Shameless scenes." | WIKI |
Page:Hendryx--Connie Morgan with the Mounted.djvu/54
36 ?” Connie looked again and turned a puzzled face toward the big officer.
“Yes,” he answered, “it does, but”
“There ain’t no ‘buts’ about it. Look-a-here, kid. You’re a-gettin’ your first lesson in police work. It’s a business that calls on a man for all the power of observation he’s got, because, most always, up here in the North, there ain’t no witnesses to what’s goin’ on, an’ a man’s got to depend on the sign. But observation ain’t all. You’ve got to be sure of yourself. It don’t do a man no good to be right if he don’t know he’s right. If a man’s right an’ don’t know he’s right, he might better be wrong—see? Now, take our friend, here. You say: ‘It’s smallpox.’ I say: ‘No, it ain’t.’ An’ you believed me, an’ let it go at that.”
The big officer smote his palm with a mighty fist. “When you seen that there blotched-up face you know’d doggone well it was smallpox! Now, why didn’t you stick to it? When you know a thing, stick to it, no matter who tells you contrary; me, or the Commissioner, or the Governor-General, or the King, hisself—it doesn’t make no difference what we think about it. Just you say to yourself: | WIKI |
PEOPLE v GAYHEART
Docket No. 282690.
Submitted April 8, 2009, at Grand Rapids.
Decided July 30, 2009, at 9:00 a.m.
A jury in the St. Joseph Circuit Court, Paul E. Statesman, J., convicted Dannie Gayheart of premeditated murder and felony murder, alternatively predicated on the alleged underlying felonies of kidnapping and larceny, and the defendant was sentenced to life imprisonment without parole. The defendant appealed, alleging that the trial court lacked statutory jurisdiction to try him because there was insufficient proof that the crime took place in Michigan since the victim’s body was discovered in Indiana. The defendant also alleged a violation of his right to due process.
The Court of Appeals held:
1. The jury was properly instructed regarding the elements of both kidnapping and larceny.
2. A trial court in a case where territorial jurisdiction is placed in issue must initially decide as a question of law whether the facts to be offered by the prosecution, if proven, would be legally adequate to confer jurisdiction under MCL 762.2. Once this initial gatekeeping determination has been made, and assuming that the exact location of a boundary line is not at issue in the case, the trier of fact must next determine as a factual matter whether the alleged act, consequence, or other condition that would confer territorial jurisdiction under MCL 762.2 did in fact occur within the state of Michigan. The prosecution must prove to the trier of fact beyond a reasonable doubt that the alleged act, consequence, or other condition that would confer territorial jurisdiction under MCL 762.2 did in fact occur within the state of Michigan. The fact that the Legislature has not defined the existence of territorial jurisdiction as an “element” of a criminal offense does not compel a contrary conclusion.
3. The existence of territorial jurisdiction may be proven by circumstantial evidence.
4. Although the trial court did not make an initial determination whether the evidence to be presented by the prosecution, if proven, would be sufficient to confer territorial jurisdiction under MCL 762.2, a review de novo by the Court of Appeals shows that the question should have been answered in the affirmative.
5. There was sufficient evidence for the jury to find beyond a reasonable doubt that the defendant committed at least one element of premeditated murder and one element of felony murder in the state of Michigan. Therefore, even though the evidence suggested that the fatal blows were struck in Indiana and the victim’s body was found there, the trial court had territorial jurisdiction under MCL 762.2(l)(a) and (2)(a) to try the defendant under the laws of Michigan.
6. It does not appear that the exercise of territorial jurisdiction exclusively under MCL 762.2(l)(d), which confers jurisdiction where the victim of the offense resides in Michigan at the time the criminal offense is committed, would withstand the United States Supreme Court’s holding that nominal residence, standing alone, is inadequate to justify the choice of one state’s law over that of another. However, the exercise of territorial jurisdiction under MCL 762.2(l)(a) in this case was constitutional because it was proven that at least one essential element of both premeditated murder and felony murder was committed within Michigan. There was a significant contact or significant aggregation of contacts so that the application of Michigan’s criminal law was neither arbitrary nor fundamentally unfair and the defendant’s conduct directly violated the peace, tranquility, and laws of Michigan, establishing a sufficient nexus so as to permit the constitutional exercise of territorial jurisdiction in conformity with constitutional due process.
7. Venue was proper in St. Joseph County because an element of both premeditated murder and felony murder was committed there.
8. The trial court did not abuse its discretion by admitting into evidence highly probative photographs of the victim. The probative value of the photographs was not outweighed by the danger of undue prejudice.
Affirmed.
1. Criminal Law — Territorial Jurisdiction.
A trial court in a criminal case where territorial jurisdiction is placed in issue must initially decide as a question of law whether the facts to he offered by the prosecution, if proven, would he legally adequate to confer jurisdiction under MCL 762.2; next, where the exact location of a boundary line is not at issue, the trier of fact must determine as a factual matter that the prosecution has proven beyond a reasonable doubt that the alleged act, consequence, or other condition that would confer territorial jurisdiction under the statute did in fact occur within the state of Michigan.
2. Criminal Law — Territorial Jurisdiction — Evidence — Circumstantial Evidence.
The existence of territorial jurisdiction over a criminal matter under MCL 762.2 may be proven by circumstantial evidence.
3. Constitutional Law — Due Process — Jurisdiction.
The Due Process Clause forbids a state from applying its own substantive or criminal law to a transaction, occurrence, or crime in which the state has insufficient interests or with which the state has insufficient contacts; a state may constitutionally apply its own law if the state has a significant contact or significant aggregation of contacts, creating state interests, so that application of its law is neither arbitrary nor fundamentally unfair.
Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Douglas K. Fisher, Prosecuting Attorney, and William E. Molner, Assistant Attorney General, for the people.
Bennett Law Office (by B E. Bennett) for the defendant.
Before: SAAD, C.J., and JANSEN and HOEKSTRA, JJ.
JANSEN, J.
Defendant appeals by right his jury-trial conviction of first-degree murder, for which he was sentenced to life imprisonment without parole. We affirm.
i
The evidence presented at trial established that the victim, Rosemary Reinel, had lived in an apartment complex in St. Joseph County, Michigan, since 2001. Defendant briefly lived in the same apartment complex with a roommate. At some point, the victim became interested in moving to Florida. Defendant apparently learned of this and asked the victim to allow him to drive with her in her car to Florida. Defendant wanted to go to Florida so that he could visit Teresa Mock, a woman with whom he had been romantically involved in the past. The victim initially agreed to allow defendant to drive with her to Florida, but later changed her mind when she learned that defendant was on parole for an unrelated offense.
The victim was last seen on September 20, 2005. The police found the victim’s white automobile in a Florida parking lot on September 29, 2005. Defendant was then arrested in Florida after breaking into Mock’s home.
On November 1,2005, the victim’s body was discovered in a cornfield in northern Indiana. The cornfield was less than 100 feet from the boundary between Michigan and Indiana. A witness testified that she had seen a white car similar to the victim’s automobile parked in a lane leading to the cornfield in late September 2005. The witness remembered the event as unusual because she had never before seen an automobile parked in that lane. A friend of the victim identified certain items that were found near the victim’s body as personal property of the victim, which had been stored in the victim’s car. A forensic entomologist testified that his observations and calculations indicated that the victim had likely died between September 14, 2005, and September 21, 2005. Cellular phone records indicated that defendant had placed a phone call from the vicinity of the northern Indiana cornfield on the morning of September 20, 2005.
Defendant’s roommate testified that defendant had left the apartment “real early” on the morning of September 20, 2005, and that defendant appeared “agitated” when he returned home at about noon that day. When defendant returned, his roommate saw him washing and cleaning a pair of Channellock pliers. Defendant’s roommate testified that “what [defendant] was wiping off was red” and that “there looked like pieces of hair” on the pliers. Defendant left the apartment shortly thereafter, but later called his roommate and asked him to “lie for him to the police.” When the roommate saw defendant again a day or two later, defendant had “a whole wad of money,” which was “quite . . . big” and consisted of “hundreds, fifties, [and] twenties.” Defendant’s roommate never again saw the pair of Channellock pliers.
A maintenance man who worked for the apartment complex where defendant lived testified that sometime after September 20, 2005, he realized that a large pair of Channellock pliers was missing or had been stolen from a utility room on the premises. No one on the apartment complex maintenance staff could account for what had happened to the pliers, which were never seen again.
It was the prosecution’s theory that defendant had taken the missing Channellock pliers and had used them to kill the victim by inflicting several blows to her head. Although the victim’s body was partially decomposed when it was found, the evidence showed that she had sustained serious head trauma. On the basis of the pattern of skull fractures, it was determined that there had likely been between seven and nine individual blows to the head with a blunt object.
The jury was properly instructed with respect to the elements of both premeditated murder and felony murder. The jury was further instructed, with respect to both charges, that “[i]n this case the prosecutor must also prove beyond a reasonable doubt that [the victim] was a resident of the State of Michigan, St. Joseph County, at the time of her death, and that the Defendant committed some act toward the commission of the crime while within the State of Michigan, County of St. Joseph . . . .” The verdict form contained in the lower court file indicates that the jury returned verdicts of guilty on both charges.
ii
Defendant argues that because the victim’s body was discovered in Indiana, there was insufficient proof that the crime took place in Michigan. He contends that the trial court was without statutory jurisdiction to try him. He also contends that his trial violated due process. As noted previously, the jury convicted defendant of both premeditated murder and felony murder. For the reasons that follow, we conclude that territorial jurisdiction existed under MCL 762.2 to try defendant for both charged offenses in this case. We further conclude that defendant’s trial did not violate the constitutional guarantee of due process.
A
We review de novo issues of constitutional and statutory interpretation, as well as all other questions of law. People v McCuller, 479 Mich 672, 681; 739 NW2d 563 (2007); People v Katt, 468 Mich 272, 278; 662 NW2d 12 (2003).
B
Relying in part on People v Blume, 443 Mich 476; 505 NW2d 843 (1993), defendant argues that the state of Michigan was without authority to exercise territorial jurisdiction with respect to the murder at issue in this case because the crime occurred in Indiana and its detrimental effects were not intended to be felt in Michigan. “The authority of every tribunal is necessarily restricted by the territorial limits of the State in which it is established,” and “[a]ny attempt to exercise authority beyond those limits” constitutes “an illegitimate assumption of power.” Stewart v Eaton, 287 Mich 466, 474; 283 NW 651 (1939). However, nearly 100 years ago, the United States Supreme Court announced that “[a]cts done outside a jurisdiction, but intended to produce and producing detrimental effects within it, justify a State in punishing the cause of the harm .. . .” Strassheim v Daily, 221 US 280, 285; 31 S Ct 558; 55 L Ed 735 (1911). Until 2002, the common-law rule in Michigan, which drew heavily on the United States Supreme Court’s decision in Strassheim, was that the state could not exercise territorial jurisdiction over criminal conduct committed in another state unless that conduct was intended to have, and did in fact have, “a detrimental effect within the state.” Blume, 443 Mich at 477. The Blume Court observed that “[u]nlike some states, Michigan has not enacted legislation generally defining the reach of its criminal statutes.” Id. at 480 n 7.
The Legislature responded in 2002 by enacting MCL 762.2, which provides:
(1) A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state if any of the following circumstances exist:
(a) He or she commits a criminal offense wholly or partly within this state.
(b) His or her conduct constitutes an attempt to commit a criminal offense within this state.
(c) His or her conduct constitutes a conspiracy to commit a criminal offense within this state and an act in furtherance of the conspiracy is committed within this state by the offender, or at his or her instigation, or by another member of the conspiracy.
(d) A victim of the offense or an employee or agent of a governmental unit posing as a victim resides in this state or is located in this state at the time the criminal offense is committed.
(e) The criminal offense produces substantial and detrimental effects within this state.
(2) A criminal offense is considered under subsection (1) to be committed partly within this state if any of the following apply:
(a) An act constituting an element of the criminal offense is committed within this state.
(b) The result or consequences of an act constituting an element of the criminal offense occur within this state.
(c) The criminal offense produces consequences that have a materially harmful impact upon the system of government or the community welfare of this state, or results in persons within this state being defrauded or otherwise harmed.
It is well settled that the Legislature has the power to alter or abrogate the common law. Const 1963, art 3, § 7; People v Lively, 470 Mich 248, 252; 680 NW2d 878 (2004). The language of MCL 762.2 has broadened the scope of Michigan’s territorial jurisdiction over criminal matters, significantly expanding upon the common-law rule explained in Blume. For instance, pursuant to MCL 762.2(1)(a) and (2)(a), Michigan now has statutory territorial jurisdiction “over any crime where any act constituting an element of the crime is committed within Michigan,” People v King, 271 Mich App 235, 243; 721 NW2d 271 (2006), even if there is no indication that the accused actually intended the detrimental effects of the offense to be felt in this state.
c
The elements of premeditated murder are (1) an intentional killing of a human being (2) with premeditation and deliberation. The elements of felony murder are (1) the killing of a human being, (2) with the intent to kill, to do great bodily harm, or to create a very high risk of death or great bodily harm with knowledge that death or great bodily harm was the probable result, (3) while committing, attempting to commit, or assisting in the commission of any of the felonies specifically enumerated in MCL 750.316(1)(b). People v Smith, 478 Mich 292, 318-319; 733 NW2d 351 (2007); People v Carines, 460 Mich 750, 758-759; 597 NW2d 130 (1999). The charge of felony murder in this case was based alternatively on the alleged predicate felonies of larceny and kidnapping, both of which are specifically enumerated in MCL 750.316(1)(b). After reviewing the record, we conclude that the jury was properly instructed on the elements of both kidnapping and larceny. It is axiomatic that jurors are presumed to have followed their instructions. People v Graves, 458 Mich 476, 486; 581 NW2d 229 (1998); Unger, 278 Mich App at 235.
D
At the outset, we note that the prosecution urges us to hold that the existence of territorial jurisdiction under MCL 762.2 is a pure question of law to be decided by the trial court. We conclude that the trial court must decide as an initial matter of law whether a particular alleged act, consequence, or other condition, if proven beyond a reasonable doubt to have occurred within this state, would be legally sufficient to confer jurisdiction under MCL 762.2. However, we conclude that it is for the trier of fact to decide as a question of fact whether the alleged act, consequence, or other condition actually occurred in Michigan.
Whether a statute applies is generally a question of law, Alex v Wildfong, 460 Mich 10, 21; 594 NW2d 469 (1999), as is the proper interpretation and application of a statute, People v Coutu, 459 Mich 348, 353; 589 NW2d 458 (1999). Therefore, we conclude that it is for the trial court to initially decide as a question of law whether a particular alleged act, consequence, or other condition would be legally sufficient to confer territorial jurisdiction. Stated another way, the trial court must exercise an initial gatekeeping function by first determining whether the facts to be offered by the prosecution, if proven, would be legally adequate to confer jurisdiction under MCL 762.2.
Once this initial gatekeeping determination has been made, however, and assuming that the exact location of a boundary line is not at issue in the case, the trier of fact must next determine as a factual matter whether the alleged act, consequence, or other condition that would confer territorial jurisdiction under MCL 762.2 did in fact occur within the state of Michigan. The clear majority rule in this country is to require the trier of fact to find beyond a reasonable doubt that the alleged act, consequence, or other condition that would confer jurisdiction has in fact occurred within the territorial jurisdiction of the court when the matter is placed in issue. See, e.g., State v Butler, 353 Md 67, 79; 724 A2d 657 (1999) (holding that “when evidence exists that the crime may have been committed outside Maryland’s territorial jurisdiction and a defendant disputes the territorial jurisdiction of the Maryland courts to try him or her, the issue of where the crime was committed is fact-dependent and thus for the trier of fact”); State v Willoughby, 181 Ariz 530, 538; 892 P2d 1319 (1995) (holding that “[i]n the very rare case in which jurisdiction is legitimately in issue because of contradicting jurisdictional facts, Arizona’s territorial jurisdiction must be established beyond a reasonable doubt by the jury”); State v Liggins, 524 NW2d 181, 184-185 (Iowa, 1994) (observing that, if placed in issue by the proofs, the issue of territorial jurisdiction “is properly submitted at trial” and that “[t]he State is required to prove territorial jurisdiction beyond a reasonable doubt”); People v McLaughlin, 80 NY2d 466, 472; 591 NYS2d 966; 606 NE2d 1357 (1992) (holding that “territorial jurisdiction must be proven beyond a reasonable doubt”); Lane v State, 388 So 2d 1022, 1028-1029 (Fla, 1980) (holding that the “territorial jurisdictional issue is a factual determination which is within the province of the jury to resolve under appropriate instructions” and that “[w]e agree with the weight of authority that th[e] territorial jurisdictional issue must be proved beyond a reasonable doubt”); McKinney v State, 553 NE2d 860, 863 (Ind App, 1990) (observing that “the State must prove territorial jurisdiction beyond a reasonable doubt” to the trier of fact); Sheeran v State, 526 A2d 886, 890 (Del, 1987) (holding that “the State must establish that a legal situs of the offense was in Delaware” and that the reviewing court is required to determine whether “any rational trier of fact could have found [the existence of territorial jurisdiction] beyond a reasonable doubt”); State v Beall, 729 SW2d 270, 271 (Tenn App, 1986) (holding that “[t]he trial judge correctly instructed the jury that in resolving whether the crime occurred in Tennessee they must be persuaded beyond a reasonable doubt from the evidence introduced on that issue”); State v Svenson, 104 Wash 2d 533, 542; 707 P2d 120 (1985) (stating that territorial jurisdiction “must be proved beyond a reasonable doubt and the burden of proof is on the State”); People v Cullen, 695 P2d 750, 751 (Colo App, 1984) (stating that “[w]here determination of jurisdiction depends upon a resolution of disputed facts, the issue must be submitted to the jury with an appropriate instruction”); People v Holt, 91 Ill 2d 480, 492; 440 NE2d 102 (1982) (holding that, in the absence of a statutory presumption that a murder occurred in Illinois when the body is found inside the state, “(j jurisdiction must be proved beyond a reasonable doubt”); State v Batdorf, 293 NC 486, 494; 238 SE2d 497 (1977) (holding that “when jurisdiction is challenged, as here, the State must carry the burden and show beyond a reasonable doubt that North Carolina has jurisdiction to try the accused”); State v Baldwin, 305 A2d 555, 559 (Me, 1973) (observing that “the State has the burden of proving beyond a reasonable doubt that the criminal conduct it seeks to vindicate occurred in the State of Maine”); Commonwealth v Bighum, 452 Pa 554, 559; 307 A2d 255 (1973) (observing that “in those infrequent cases where jurisdiction depends upon the resolution of disputed facts, it is within the province of the jury to resolve the issue under proper instructions, and failure to give such instructions may constitute reversible error”).
We adopt this majority rule and hold that when the matter of territorial jurisdiction is placed in issue in a given case — and assuming that the trial court has determined that the facts to be offered by the prosecution, if proven, would be legally adequate to confer jurisdiction under MCL 762.2 — the prosecution must prove to the trier of fact beyond a reasonable doubt that the alleged act, consequence, or other condition that would confer territorial jurisdiction under MCL 762.2 has in fact occurred within the state of Michigan. Requiring the trier of fact to find beyond a reasonable doubt that one of the statutory jurisdiction-conferring acts, consequences, or conditions has occurred within this state is consistent with the general rule that all controverted factual issues in a criminal case must be found beyond a reasonable doubt. See In re Winship, 397 US 358, 364; 90 S Ct 1068; 25 L Ed 2d 368 (1970). And the mere fact that the Legislature has not defined the existence of territorial jurisdiction as an “element” of a criminal offense does not compel a contrary conclusion. See Apprendi v New Jersey, 530 US 466, 494-496; 120 S Ct 2348; 147 L Ed 2d 435 (2000) (observing that a sentencing factor, which increases the punishment for a crime beyond the prescribed statutory maximum, must be proven to the trier of fact beyond a reasonable doubt even though the legislature had not defined the factor as an “element” of the offense).
We find further support for our holding in this regard by looking to Michigan’s venue jurisprudence. To be sure, territorial jurisdiction and venue are two different concepts. See 21 Am Jur 2d, Criminal Law, § 461, p 588; see also McLaughlin, 80 NY2d at 471. “[Jurisdiction refers to the judicial power to hear and determine a criminal prosecution, whereas venue relates to and defines the place where the prosecution is to be brought or tried.” Anno: Necessity of proving venue or territorial jurisdiction of criminal offense beyond reasonable doubt, 67 ALR3d, § 2[a], p 991. Indeed, “[v]enue assumes the existence of jurisdiction.” 77 Am Jur 2d, Venue, § 2, p 632.
Michigan courts have long held that even though venue is not an essential element of a criminal offense, People v Meredith (On Remand), 209 Mich App 403, 408; 531 NW2d 749 (1995), the determination of venue is a question of fact for the jury, People v Watson, 307 Mich 596, 603; 12 NW2d 476 (1943); People v Belanger, 120 Mich App 752, 757; 327 NW2d 554 (1982), and the existence of venue “must be proved by the prosecutor beyond a reasonable doubt,” People v Webbs, 263 Mich App 531, 533; 689 NW2d 163 (2004); see also People v Fisher, 220 Mich App 133, 145; 559 NW2d 318 (1996). It would be illogical to conclude that whereas the non-jurisdictional issue of venue must be proven to the trier of fact beyond a reasonable doubt, the more foundational issue of territorial jurisdiction, when in dispute, could be established by a lower or less stringent evidentiary standard.
We also conclude that, like venue, the existence of territorial jurisdiction may be proven by circumstantial evidence. See People v Andrews, 360 Mich 572, 575; 104 NW2d 199 (1960); People v Sparks, 53 Mich App 452, 460; 220 NW2d 153 (1974). “Circumstantial evidence and reasonable inferences drawn therefrom may be sufficient to prove the elements of a crime.” People v Jolly, 442 Mich 458, 466; 502 NW2d 177 (1993). Although territorial jurisdiction is not, strictly speaking, an “element” of a crime, we perceive no reason why circumstantial evidence should not be admissible to prove that one of the statutory jurisdiction-conferring acts, consequences, or conditions of MCL 762.2 has occurred within this state.
Turning to the present case, we note that the trial court did not make an initial legal determination whether the evidence to be presented by the prosecution, if proven, would be sufficient to confer territorial jurisdiction under MCL 762.2. But on review de novo, Alex, 460 Mich at 21; Coutu, 459 Mich at 353, we conclude that this question clearly should have been answered in the affirmative. Among other things, the prosecution proposed to offer evidence that at least one element of felony murder and at least one element of premeditated murder had been committed within this state. Such evidence certainly would have been sufficient, if proven, to establish territorial jurisdiction under MCL 762.2(1)(a).
Moving to the factual step of the inquiry — whether the alleged jurisdiction-conferring acts, consequences, or conditions in fact occurred within this state — we first conclude that the proofs sufficiently established that defendant premeditated and deliberated the victim’s murder while he was physically present in the state of Michigan. The evidence showed that defendant was angry with the victim, who had changed her mind about allowing him to drive with her to Florida. The evidence also showed that defendant made essential preparations for the crime while present in this state, such as acquiring the Channellock pliers used to kill the victim and planning to take the victim across the state line into Indiana. There was more than sufficient evidence from which the jury could have found that defendant planned the murder and selected the murder weapon in Michigan. “Prior planning denotes premeditation and deliberation,” People v Hamp, 110 Mich App 92, 103; 312 NW2d 175 (1981), and premeditation and deliberation are essential elements of premeditated murder, MCL 750.316(1)(a); Marsack, 231 Mich App at 370-371. We conclude that a rational trier of fact could have found beyond a reasonable doubt that defendant committed at least one element of premeditated murder in this state. See People v Wolfe, 440 Mich 508, 515-516; 489 NW2d 748 (1992).
Similarly, there was sufficient evidence for the jury to find beyond a reasonable doubt that defendant committed at least one element of felony murder in the state of Michigan. Both larceny and kidnapping are specifically enumerated predicate felonies of felony murder, MCL 750.316(1)(b), and the commission or attempt to commit one of the enumerated predicate felonies is an essential element of the crime of felony murder, Smith, 478 Mich at 318-319; Carines, 460 Mich at 758-759.
As already noted, the evidence tended to show that defendant planned to remove the victim from this state while he and the victim were still in Michigan. The testimony established that both defendant and the victim were present at the apartment complex in St. Joseph County on the very day of the victim’s disappearance. The medical evidence showed that the victim died in the Indiana cornfield, just across the state line, on or about that same day. Pursuant to the version of the kidnapping statute in effect at the time of the victim’s death, kidnapping could be accomplished by, among other things, “forcibly carrying] or sending] [a] person out of this state” or “forcibly seizing] or confining], or... inveigling] or kidnap[ping] any... person with intent to extort money or other valuable thing thereby[.]” Former MCL 750.349; see also People v Wesley, 421 Mich 375, 382; 365 NW2d 692 (1984). After a thorough review of the trial testimony, and bearing in mind that “[circumstantial evidence and reasonable inferences drawn therefrom may be sufficient to prove the elements of a crime,” Jolly, 442 Mich at 466, we conclude that a rational trier of fact could have found beyond a reasonable doubt that defendant kidnapped the victim while in this state by forcibly removing her from Michigan to Indiana. Likewise, a rational trier of fact could have found beyond a reasonable doubt that defendant inveigled or kidnapped the victim while in Michigan with the intent to extort her money or automobile. In short, there was sufficient evidence presented at trial from which a rational jury could have found beyond a reasonable doubt that defendant committed at least one essential element of felony murder in this state. See Wolfe, 440 Mich at 515-516.
In sum, the trial court should have initially determined as a matter of law that the prosecution’s proposed evidence — namely, that at least one element of felony murder and at least one element of premeditated murder had been committed within this state — would have been sufficient, if proven, to confer territorial jurisdiction under MCL 762.2(1)(a). Upon such a determination, any controverted factual issues bearing on the existence of territorial jurisdiction should have been submitted to the jury in the same manner as any other jury-submissible issue of fact. As noted, there was ample evidence presented at trial from which the jury could have found beyond a reasonable doubt that defendant committed at least one element of felony murder and at least one element of premeditated murder in this state. Accordingly, even though the evidence suggested that the fatal blows were struck in Indiana, and despite the discovery of the victim’s body in Indiana, the trial court had territorial jurisdiction to try defendant for murder under the laws of Michigan. MCL 762.2(1)(a) and (2)(a).
E
Defendant also contends that his trial under Michigan’s substantive criminal law violated due process. We cannot agree. It does not appear that our courts have yet decided the extent to which the Due Process Clause may limit the application of Michigan’s criminal law to conduct occurring partially outside this state. But it is well settled in the civil context that the Due Process Clause forbids a state from applying its own substantive law to a transaction or occurrence in which the state has insufficient interests or with which the state has insufficient contacts. See Sutherland v Kennington Truck Service, Ltd, 454 Mich 274, 287; 562 NW2d 466 (1997); see also Olmstead v Anderson, 428 Mich 1, 30 n 13; 400 NW2d 292 (1987). Indeed, “if a State has only an insignificant contact with the parties and the occurrence or transaction, application of its law is unconstitutional.” Allstate Ins Co v Hague, 449 US 302, 310-311; 101 S Ct 633; 66 L Ed 2d 521 (1981).
On the other hand, a state may constitutionally apply its own law if the state “ha[s] a significant contact or significant aggregation of contacts, creating state interests, such that [application] of its law is neither arbitrary nor fundamentally unfair.” Id. at 313; see also Phillips Petroleum Co v Shutts, 472 US 797, 818-819; 105 S Ct 2965; 86 L Ed 2d 628 (1985). Albeit in the context of federal territorial jurisdiction rather than state territorial jurisdiction, the principles announced in Hague and Shutts have been extended to the criminal-law setting. See, e.g., United States v Yousef, 327 F3d 56, 111 (CA 2, 2003); United States v Davis, 905 F2d 245, 248-249 (CA 9, 1990); United States v Shahani-Jahromi, 286 F Supp 2d 723, 727 (ED Va, 2003). The United States Court of Appeals for the Second Circuit has observed that “ ‘[i]n order to apply extraterritorially a federal criminal statute to a defendant consistently with due process, there must be a sufficient nexus between the defendant and the United States, so that such application would not be arbitrary or fundamentally unfair.’ ” Yousef, 327 F3d at 111, quoting Davis, 905 F2d at 248-249. This “nexus requirement . . . appears to take into consideration factors comparable to the analysis articulated by the Supreme Court in Hague in the state choice of law context by ensuring a sufficient tie to the United States rendering application of United States law inoffensive to fundamental principles of due process.” Shahani-Jahromi, 286 F Supp 2d at 727-728.
Relying in part on the United States Supreme Court’s decision in Strassheim, the United States Court of Appeals for the Eleventh Circuit has denied habeas corpus relief for a criminal defendant who claimed “that his prosecution in Alabama for a murder in Georgia offend[ed] various due process concepts which limit the territorial reach of state criminal prosecutions.” Heath v Jones, 941 F2d 1126, 1138 (CA 11, 1991). The court held that because a portion of the crime had occurred in Alabama, and had “directly violated the peace, tranquility, and laws of Alabama,” the state had “established a sufficient nexus” and could constitutionally exercise jurisdiction over the offense. Id. at 1139.
As discussed earlier, the jury was instructed in the present case that “the prosecutor must also prove beyond a reasonable doubt that [the victim] was a resident of the State of Michigan, St. Joseph County, at the time of her death, and that the Defendant committed some act toward the commission of the crime while within the State of Michigan, County of St. Joseph ... .” (Emphasis added.) We find it necessary to point out that this instruction did not comport with the actual statutory text of MCL 762.2. The trial court unnecessarily instructed the jury that it was required to find both that the victim resided in the state of Michigan and that the offense was partially committed in this state. MCL 762.2(1) is written in the disjunctive, and purports to confer territorial jurisdiction if any one of the conditions listed in subsections 1(a) through 1(e) has been satisfied. Accordingly, the requirements of MCL 762.2 would have purportedly been satisfied upon proof either that defendant “commit[ted] a criminal offense ... partly within this state,” MCL 762.2(1)(a), or that the “victim of the offense... reside[d] in this state ... at the time the criminal offense [was] committed,” MCL 762.2(1)(d). Stated another way, the prosecution could have ostensibly satisfied the requirements of MCL 762.2 by proving either one of these factors, and would not have been required to prove both that the victim resided in this state and that the offense was partially committed in this state.
Because it is undisputed that the victim was a resident of the state of Michigan at the time of her death, it might appear at first blush that statutory jurisdiction could have been established on the basis of the victim’s residency alone. See MCL 762.2(1)(d) (purporting to confer territorial jurisdiction whenever “[a] victim of the offense ... resides in this state ... at the time the criminal offense is committed”). However, we are not persuaded that the exercise of territorial jurisdiction on the basis of the victim’s residency alone would have passed constitutional muster. Indeed, as the United States Supreme Court has concluded, “nominal residence — standing alone — [is] inadequate” to justify the choice of one state’s law over that of another state. Hague, 449 US at 311; see also Home Ins Co v Dick, 281 US 397, 408; 50 S Ct 338; 74 L Ed 926 (1930). Accordingly, it does not appear that the exercise of territorial jurisdiction under MCL 762.2(1)(d), solely on the basis of the victim’s residency, would have withstood constitutional scrutiny. See Hague, 449 US at 311; Dick, 281 US at 408.
Nonetheless, we conclude that the exercise of territorial jurisdiction under MCL 762.2(1)(a) was constitutional. Quite apart from the victim’s residency, the proofs established that at least one essential element of both felony murder and premeditated murder was actually committed within the state of Michigan. As explained in more detail previously, the evidence presented at trial showed that defendant premeditated the killing, kidnapped the victim, and selected the murder weapon in Michigan. In light of the fact that at least one essential element of each charged crime was committed within this state, we have no difficulty concluding that there was “a significant contact or significant aggregation of contacts” so that application of Michigan’s criminal law was “neither arbitrary nor fundamentally unfair.” Hague, 449 US at 313. Moreover, we also conclude that defendant’s conduct “directly violated the peace, tranquility, and laws” of Michigan, and that this state therefore had “a sufficient nexus” with the conduct so as to permit the constitutional exercise of territorial jurisdiction. Heath, 941 F2d at 1139. The application of Michigan’s first-degree murder statute to defendant’s conduct fully comported with the constitutional guarantee of due process.
F
Relying on United States v Cabrales, 524 US 1; 118 S Ct 1772; 141 L Ed 2d 1 (1998), defendant also suggests that venue was not proper in St. Joseph County, Michigan, because his trial was not conducted in the district and vicinage where the crime was committed. It is true that the United States Constitution guarantees the right to be tried in the proper venue in the context of federal prosecutions. Id. at 6. Indeed, “Article III, § 2, cl 3 instructs that ‘Trial of all Crimes ... shall be held in the State where the said Crimes shall have been committed’ ” and “the Sixth Amendment calls for trial ‘by an impartial jury of the State and district wherein the crime shall have been committed.’ ” Id. However, “ ‘these provisions apply only to prosecutions in Federal courts.’ Accordingly, in this state prosecution, defendant had no federal constitutional right to be tried in a certain venue or vicinage.
The Michigan Legislature has provided that “Whenever a felony consists or is the culmination of 2 or more acts done in the perpetration thereof, said felony may be prosecuted in any county in which any 1 of said acts was committed.” MCL 762.8. The determination of venue is a question of fact for the jury, Watson, 307 Mich at 603; Belanger, 120 Mich App at 757, and the existence of venue “must be proved by the prosecutor beyond a reasonable doubt,” Webbs, 263 Mich App at 533. As noted previously, there was sufficient evidence presented at trial from which the jury could have concluded beyond a reasonable doubt that defendant committed at least one element of premeditated murder and at least one element of felony murder in St. Joseph County, Michigan. Consequently, venue was proper in St. Joseph County. MCL 762.8.
hi
Defendant also argues that the photographs of the victim were gruesome and that their prejudicial effect substantially outweighed any probative value. Therefore, he contends that the trial court abused its discretion by admitting the photographs into evidence. We cannot agree.
A decision whether to admit photographs is within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion. People v Gregory, 21 Mich App 76, 78; 174 NW2d 905 (1969).
Photographic evidence is generally admissible as long as it is relevant, MRE 401, and not unduly prejudicial, MRE 403. Unger, 278 Mich App at 257. “ ‘Photographs may... be used to corroborate a witness’ testimony,’ and ‘[g]ruesomeness alone need not cause exclusion.’ ” Id., quoting People v Mills, 450 Mich 61, 76; 537 NW2d 909 (1995).
In the case at bar, defendant’s intent was directly in issue because it was an essential element of premeditated murder and felony murder. The photographs were helpful in proving defendant’s intent to kill because they illustrated the nature and extent of the victim’s injuries. See Unger, 278 Mich App at 257; see also People v Howard, 226 Mich App 528, 549-550; 575 NW2d 16 (1997). The photographs were also helpful in explaining and corroborating the witnesses’ testimony concerning the victim’s cause of death. Photographs may properly be used to corroborate other evidence and are not excludable simply because they are cumulative of a witness’s oral testimony. Mills, 450 Mich at 76. The jury is not required to depend solely on the testimony of experts, but is entitled to view the severity and vastness of the injuries for itself. Id. at 72-73. The photographs admitted in this case specifically corroborated the testimony concerning the cause of the victim’s death and the nature and extent of her fatal injuries. We conclude that the photographs were relevant because the issue of defendant’s intent to kill was of consequence to the determination of the action, and a finding of intent to kill was made more probable by the nature and extent of the injuries as depicted in the photographs. MRE 401; Mills, 450 Mich at 66-68.
We also conclude that the photographs were highly probative and that their probative value was not outweighed by the danger of undue prejudice. MRE 403. Although certain of the pictures appear gruesome, their admission was helpful in proving that the victim had been intentionally killed and in corroborating the trial testimony. As already noted, “ '[g]ruesomeness alone need not cause exclusion.’ ” Unger, 278 Mich App at 257, quoting Mills, 450 Mich at 76. We cannot say that the probative value of the photographs was substantially outweighed by the danger of undue prejudice. Unger, 278 Mich App at 257. The trial court did not abuse its discretion by admitting the photographs into evidence.
Affirmed.
The jury convicted defendant of both premeditated murder, MCL 750.316(1)(a), and felony murder, MCL 750.316(1)(b).
A bank employee testified that the victim had withdrawn $2,970 in cash on the morning of September 16, 2005.
The charge of felony murder was alternatively predicated on the alleged underlying felonies of kidnapping and larceny. The jury was properly instructed on the elements of both kidnapping and larceny.
We stress that the exact location of the boundary line between Michigan and Indiana was not at issue in this case. When, on the other hand, the exact location of a boundary line is at issue, the trier of fact must determine whether the particular geographic situs set forth in the information or identified through the proofs at trial is, in fact, located within the boundaries of the state of Michigan. Although the existence of jurisdiction is generally a question of law, People v Laws, 218 Mich App 447, 451; 554 NW2d 586 (1996), “the boundary of a State, when a material fact in the determination of the extent of the jurisdiction of a court, is not a simple question of law,” United States v Jackalow, 66 US 484, 487; 17 L Ed 225 (1861). While the description of a boundary line between two states is a matter of law for the trial court rather than for the jurors, “the application of the evidence in the ascertainment of [the boundary] as thus described and interpreted, with a view to its location and settlement, belongs to the jury.” Id.; see also People v Hillman, 246 NY 467, 474; 159 NE 400 (1927). Thus, when the matter is in issue, all the testimony and evidence concerning the exact, physical location of a boundary line “should be submitted to [the trier of fact] under proper instructions to find the fact.” Jackalow, 66 US at 488. Indeed, it has long been the law in Michigan that when the exact location of a boundary line is placed in issue by the proofs, “the exact place where [a boundary] line ... runs is a question of fact rather than of law,” and that the matter is therefore properly submitted to the jury. Wilmarth v Woodcock, 66 Mich 331, 334; 33 NW 400 (1887). Like any other controverted factual issue in a criminal matter, the exact location of a state’s boundary line in such cases must be found beyond a reasonable doubt. See In re Winship, 397 US 358, 364; 90 S Ct 1068; 25 L Ed 2d 368 (1970).
Although some courts do not consider the existence of territorial jurisdiction to be an actual element of the criminal offense, see, e.g., Butler, 353 Md at 79 n 5; Willoughby, 181 Ariz at 538; Baldwin, 305 A2d at 558, other courts treat territorial jurisdiction as an essential element of the crime itself, see, e.g., Liggins, 524 NW2d at 184; Sheeran, 526 A2d at 890. We think the better rule is not to treat territorial jurisdiction as an essential element of the crime because Michigan has no statute expressly defining territorial jurisdiction as an essential element of a criminal offense. Cf. Model Penal Code (ULA), § 1.13(9)(e), p 91 (defining “jurisdiction” as an “ ‘element of an offense’ ”). Accordingly, although it is a necessary part of the prosecution’s case, and must be proven beyond a reasonable doubt when placed in issue, we conclude that territorial jurisdiction is not an essential element of a criminal offense in this state. We find support for this conclusion in Michigan’s venue jurisprudence. See People v Meredith (On Remand), 209 Mich App 403, 408; 531 NW2d 749 (1995) (stating that “while venue is a part of every criminal case that must be proven by the prosecutor, it is not an essential element of a crime”); People v Swift, 188 Mich App 619, 620; 470 NW2d 491 (1991) (observing that “[vjenue, although a necessary portion of the prosecution’s case, is not an element of a crime”). However, we also recognize that the difference between territorial jurisdiction and the essential elements of a criminal offense is an “elusive distinction” because both territorial jurisdiction and the essential elements must he proven before the state can punish the allegedly criminal conduct. See Apprendi, 530 US at 494.
The text of MCL 750.349 was amended hy 2006 PA 159, which took effect on August 24, 2006. But the proofs established that the offenses committed in this case occurred on or about September 20, 2005. We look to the language of the kidnapping statute in effect at the time the instant offenses were committed. See People v Schumacher, 276 Mich App 165, 167 n 2; 740 NW2d 534 (2007).
The word “extort” is defined merely as “[t]o gain by wrongful methods; to obtain in an unlawful manner; to exact wrongfully by threat or intimidation.” Black’s Law Dictionary (7th ed).
Alternatively, with respect to the charges of both premeditated murder and felony murder, a rational trier of fact could have concluded beyond a reasonable doubt that the victim “reside[d] in this state ... at the time the criminal offense [was] committed” within the meaning of MCL 762.2(1)(d). Indeed, the undisputed evidence established that the victim was a resident of St. Joseph County, Michigan, at the time of her death. However, as we explain in part 11(E) of this opinion, we are not persuaded that the exercise of territorial jurisdiction under MCL 762.2(1)(d), on the basis of the victim’s residency alone, would pass constitutional muster.
Lest there be any confusion on the matter, we wish to make clear that if the jury had determined that none of the alleged jurisdiction-conferring acts, consequences, or conditions had occurred in Michigan, there would have been no territorial jurisdiction to try defendant in Michigan under Michigan’s first-degree murder statute. But in such a case, the constitutional protection against double jeopardy would not have barred the state of Indiana or the federal government from charging and trying defendant for the same criminal conduct. Heath v Alabama, 474 US 82, 89-90; 106 S Ct 433; 88 L Ed 2d 387 (1985). The United States Supreme Court “has plainly and repeatedly stated that two identical offenses are not the ‘same offence’ within the meaning of the Double Jeopardy Clause if they are prosecuted by different sovereigns.” Id. at 92 (emphasis in original). “[A] single act constitutes an ‘offence’ against each sovereign whose laws are violated by that act.” Id. at 93; see also Smith, 478 Mich at 322 (observing that “a defendant who commits one criminal act that violates the laws of two different sovereigns has committed two different offenses for double jeopardy purposes”).
Of course, if a trial court determines after viewing the evidence in a light most favorable to the prosecution that no rational trier of fact could find that the alleged jurisdiction-conferring acts, consequences, or conditions of MCL 762.2 occurred in this state, the trial court may take the issue from the jury and decide the factual issues bearing on territorial jurisdiction as a matter of law. This would be tantamount to a directed verdict for the defense. See, e.g., People v Mehall, 454 Mich 1, 6; 557 NW2d 110 (1997).
The trial court’s instruction to the jury was technically erroneous in another respect as well. MCL 762.2 does not confer territorial jurisdiction merely because a defendant has “committed some act toward the commission of the crime while within the State of Michigan,” as the trial court instructed. Instead, MCL 762.2 confers territorial jurisdiction if, among other things, a defendant “commits a criminal offense wholly or partly within this state” or a defendant’s “conduct constitutes an attempt to commit a criminal offense within this state.” MCL 762.2(1)(a) and (b). The statute goes on to provide that “[a] criminal offense is considered under [MCL 762.2(1)(a)] to be committed partly within this state” only if “[a]n act constituting an element of the criminal offense is committed within this state,” or if “[t]he result or consequences of an act constituting an element of the criminal offense occur within this state,” or if “[t]he criminal offense produces consequences that have a materially harmful impact upon the system of government or the communiiy welfare of this state, or results in persons within this state being defrauded or otherwise harmed.” MCL 762.2(2)(a), (b), and (c). Therefore, the trial court erred by instructing the jury that it was merely required to find that defendant had “committed some act toward the commission of the crime while within the State of Michigan . ...” Nevertheless, we find this error harmless in light of the fact that there was sufficient evidence presented at trial from which the jury could have concluded beyond a reasonable doubt that defendant committed at least one essential element of felony murder and at least one essential element of premeditated murder in this state.
The Michigan Constitution of 1963 contains no similar venue or vicinage requirement. It is true that a vicinage requirement did appear in the Michigan Constitution of 1835, hut that requirement was omitted from the Michigan constitutions of 1850 and 1908. People v Lee, 334 Mich 217, 225; 54 NW2d 305 (1952). A vicinage requirement was also omitted from the 1963 constitution. “The evident purpose” of omitting the vicinage requirement from these later constitutions was “to permit the legislature some latitude in legislating as to venue of criminal cases.” Id.
| CASELAW |
Irene Weakens on Path to North Carolina
Hurricane Irene, downgraded to a
Category 2 storm, moved north at 14 miles (22 kilometers) per
hour toward the coast of North Carolina , posing the largest
threat to the U.S. Northeast since Hurricane Gloria in 1985. Irene is packing maximum sustained winds of 110 mph, the
U.S. National Hurricane Center said in an advisory at 8 a.m.
Miami time. The storm may grow anew to a Category 3 hurricane on
the five-step Saffir-Simpson scale tomorrow, the center said. The center’s forecast track shows the storm will make
landfall in North Carolina’s Outer Banks tomorrow, skirt the
East Coast and reach New England on Aug. 28. The NHC said
hurricane-force winds extend 90 miles from Irene’s core and that
dangerous surf, storm surge and wind conditions will develop. The system’s move closer to the Eastern Seaboard may be
good news for New York and the Northeast, said Arthur DeGaetano,
professor of earth and atmospheric sciences at Cornell
University. “It is going to hug the coast and that is going to
take a lot of punch out of the storm,” he said. Hurricane warnings were in effect from North Carolina’s
Little River inlet north to the Sandy Hook area of New Jersey,
meaning hurricane conditions are expected within the area. New York Watch Hurricane watches were also extended north along the East
Coast from Sandy Hook to the Merrimack River, including New York
City, Long Island, Martha’s Vineyard and Nantucket, the NHC
said. A watch was already in effect from the North Carolina-
Virginia border to the south Jersey shore. A watch means that
hurricane conditions are possible within the area. That means more than 65 million people, or about one in
five Americans, from North Carolina to Maine may be in the way
of the hurricane, according to data compiled by Bloomberg. Irene is currently about 375 miles south-southwest of Cape
Hatteras, North Carolina, the hurricane center said. The storm
moving away from the Bahamas is now aiming “its fury toward the
North Carolina coast,” it said in an earlier statement. President Barack Obama signed a federal emergency
declaration for North Carolina, authorizing the Homeland
Security Department and Federal Emergency Management Agency to
coordinate disaster response and mobilize resources. The
governors of New York, New Jersey , Maryland , Connecticut and
Virginia declared emergencies while officials in Virginia Beach
and Norfolk, Virginia, ordered mandatory evacuations. Heavy Rainfall Gasoline advanced to the most in more than three weeks
yesterday on speculation that Irene may disrupt East Coast
refinery production and fuel distribution. Futures rose 3.1
percent to $2.9679 a gallon the previous session and fell 0.6
percent today to $2.9499 at 1:11 p.m. London time on the New
York Mercantile Exchange . Irene could produce rainfall of six to 10 inches to perhaps
as much as 15 inches in isolated cases from eastern North
Carolina to southeast Virginia and along the Eastern Seaboard
from Delaware and New Jersey to southeastern New York, Long
Island and western Massachusetts by Aug. 29, the NHC said. Storm surge from Irene may raise water levels by as much as
6 to 11 feet in parts of eastern North Carolina, 4 to 8 feet
over southern portions of the Chesepeake Bay and Delmarva
Peninsula and 3 to 6 feet above ground level along the Jersey
shore, the NHC said. In Delaware, Governor Jack Markell told potential visitors
to stay away from his state this weekend. Amtrak canceled most
train services south of Washington today through Aug. 28,
according to a statement. New York Decision New York Mayor Michael Bloomberg said a decision on
evacuations would be made by 8 a.m. tomorrow for residents in
areas including Coney Island, Battery Park City and parts of
Staten Island . The mayor is founder and majority owner of
Bloomberg News parent Bloomberg LP. The storm’s track ultimately depends on a weather front
moving into the Northeast from the west as Irene approaches from
the south, DeGaetano said. Irene is paralleling the path of Hurricane Gloria, which
killed 11 people after making landfall in New York’s Long Island
in 1985. The last hurricane to strike the U.S. was Ike in 2008,
a Category 2 storm when it went ashore near Galveston, Texas . To contact the reporter on this story:
Lananh Nguyen in London at
lnguyen35@bloomberg.net To contact the editor responsible for this story:
Stephen Voss on sev@bloomberg.net | NEWS-MULTISOURCE |
Bug 1306954 - Please provide a Python 3 build [NEEDINFO]
Summary: Please provide a Python 3 build
Keywords:
Status: CLOSED RAWHIDE
Alias: None
Product: Fedora
Classification: Fedora
Component: pyephem
Version: 24
Hardware: Unspecified
OS: Unspecified
unspecified
unspecified
Target Milestone: ---
Assignee: Marek Mahut
QA Contact: Fedora Extras Quality Assurance
URL:
Whiteboard:
Depends On:
Blocks: PYTHON3 PY3PATCH-PUSH
TreeView+ depends on / blocked
Reported: 2016-02-12 09:45 UTC by Christian Dersch
Modified: 2016-09-07 11:06 UTC (History)
6 users (show)
Fixed In Version: pyephem-3.7.6.0-4.fc26
Doc Type: Bug Fix
Doc Text:
Clone Of:
Environment:
Last Closed: 2016-09-07 11:06:06 UTC
Type: Bug
mhroncok: needinfo? (mmahut)
Attachments (Terms of Use)
Add Python 3 (3.39 KB, patch)
2016-07-26 09:40 UTC, Dominika Krejčí
no flags Details | Diff
Add Python 3 (3.38 KB, patch)
2016-07-27 12:46 UTC, Dominika Krejčí
no flags Details | Diff
Description Christian Dersch 2016-02-12 09:45:24 UTC
According to https://pypi.python.org/pypi/pyephem/3.7.6.0 pyephem is Python 3 capable. It would be great to provide a python3-pyephem in Fedota too :)
Thank you very much in advance!
Comment 1 Jan Kurik 2016-02-24 14:30:51 UTC
This bug appears to have been reported against 'rawhide' during the Fedora 24 development cycle.
Changing version to '24'.
More information and reason for this action is here:
https://fedoraproject.org/wiki/Fedora_Program_Management/HouseKeeping/Fedora24#Rawhide_Rebase
Comment 2 Dominika Krejčí 2016-04-22 13:40:45 UTC
Hello Marek,
Do you need any help adding Python 3 support to the RPM?
If you need more instructions, a [guide] for porting Python-based RPMs is available.
[guide] http://python-rpm-porting.readthedocs.org/en/latest/index.html
Comment 3 Dominika Krejčí 2016-07-26 09:40:44 UTC
Created attachment 1184139 [details]
Add Python 3
Hi Marek,
here is the change needed to add Python 3 support. Could you please review it and do the update?
Koji scratch build: http://koji.fedoraproject.org/koji/taskinfo?taskID=15021573
Also tested in Mock (fedora-23-x86_64, fedora-24-x86_64, fedora-rawhide-i386, fedora-rawhide-x86_64).
Comment 4 Dominika Krejčí 2016-07-27 12:46:54 UTC
Created attachment 1184645 [details]
Add Python 3
Adding a small fix of Python 2 BuildRequires.
Comment 5 Lumír Balhar 2016-07-27 13:45:03 UTC
Patch looks good to me.
Comment 6 Miro Hrončok 2016-08-16 10:45:58 UTC
Marek,
do you mind if I push this? If you don't reply in a week, I assume it's OK.
Note You need to log in before you can comment on or make changes to this bug. | ESSENTIALAI-STEM |
AN6651 DATASHEET PDF
EM : Mouse. Mouse Controller. There are four types Z-axis inputs used to implement scrolling mouse functionality. Brake function on chip. Dash current absorption diode on chip. Broad operating voltage range to 18 V.
Author:Fer Dousho
Country:Turks & Caicos Islands
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Could there possibly be a need for that tight of speed control of this motor? Peak current handling is 1. Newer Post Older Post Home.
That is the biggest mystery of them all. So why was this component used to drive the Nitron pusher motor? One is that the pusher is cycle-controlled with the switch mounted on top of the battery box that follows the stepped edge of the cam disk but there is no active braking. Along the way I came across 2 odd details about the stock Nitron electrical system. Could it have something to do with dropout voltage?
Surely if the stock setup demanded a lower ROF than the direct-driven motor would produce and no colder-wound motor was available, you could do well enough with a dumb, cheap, string of diodes — or even a generic voltage regulator. More or less a fancy linear voltage regulator that allows taking into account the motor IR and Kv in the selection of 2 external resistor values to get a very stable constant-speed, governor-like behavior.
Pages Home Chrono Data Archive. At least people are aware you have to remove this PCB to do anything useful. Saturday, October 19, Nitron Technical Observations. Except it makes sense in combination with the next bit, which makes AB difficult to implement in the stock configuration. Related Posts.
FAERUN CAMPAIGN SETTING 3.5 PDF
AN6651 डेटा पत्रक PDF( Datasheet डाउनलोड )
Could there possibly be a need for that tight of speed control of this motor? Peak current handling is 1. Newer Post Older Post Home. That is the biggest mystery of them all. So why was this component used to drive the Nitron pusher motor?
ORACLE BACKUP AND RECOVERY RAMA VELPURI PDF
Saturday, October 19, Nitron Technical Observations. Applications listed in the datasheet include tape decks and CD players. One is that the an is cycle-controlled with the switch mounted on top of the battery box that follows the stepped edge of the cam disk ann there is no active braking. Could it have something to do with dropout voltage? That is the biggest mystery of them all.
Related Articles | ESSENTIALAI-STEM |
Refereed journal article or data article (A1)
A large-scale genomic snapshot of Klebsiella spp. isolates in Northern Italy reveals limited transmission between clinical and non-clinical settings
List of AuthorsThorpe Harry A., Booton Ross, Kallonen Teemu, Gibbon Marjorie J., Couto Natacha, Passet Virginie, Loez-Fernadez Sebastian, Rodrigues Carla, Matthews Louise, Mitchell Sonia, Reeve Richard, David Sophia, Merla Cristina, Corbella Marta, Ferrari Carolina, Comandatore Francesco, Marone Piero, Brisse Sylvain, Sassera Davide, Corander Jukka, Feil Edward J.
PublisherNATURE PORTFOLIO
Publication year2022
JournalNature Microbiology
Journal name in sourceNATURE MICROBIOLOGY
Journal acronymNAT MICROBIOL
Volume number7
Issue number12
Start page2054
End page2067
Number of pages24
ISSN2058-5276
eISSN2058-5276
DOIhttp://dx.doi.org/10.1038/s41564-022-01263-0
URLhttps://www.nature.com/articles/s41564-022-01263-0
Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/178027957
Abstract
The Klebsiella group, found in humans, livestock, plants, soil, water and wild animals, is genetically and ecologically diverse. Many species are opportunistic pathogens and can harbour diverse classes of antimicrobial resistance genes. Healthcare-associated Klebsiella pneumoniae clones that are non-susceptible to carbapenems can spread rapidly, representing a high public health burden. Here we report an analysis of 3,482 genome sequences representing 15 Klebsiella species sampled over a 17-month period from a wide range of clinical, community, animal and environmental settings in and around the Italian city of Pavia. Northern Italy is a hotspot for hospital-acquired carbapenem non-susceptible Klebsiella and thus a pertinent setting to examine the overlap between isolates in clinical and non-clinical settings. We found no genotypic or phenotypic evidence for non-susceptibility to carbapenems outside the clinical environment. Although we noted occasional transmission between clinical and non-clinical settings, our data point to a limited role of animal and environmental reservoirs in the human acquisition of Klebsiella spp. We also provide a detailed genus-wide view of genomic diversity and population structure, including the identification of new groups.
Downloadable publication
This is an electronic reprint of the original article.
This reprint may differ from the original in pagination and typographic detail. Please cite the original version.
Last updated on 2023-02-06 at 15:18 | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/Thapar Institute of Engineering and Tech
The result of the debate was Speedy keep due to withdrawal of nomination. Capitalistroadster 01:41, 21 February 2006 (UTC)
Thapar Institute of Engineering and Tech
Found page through "random article", page admits it is a duplicate and possibly should be deleted. Correct page is at Thapar Institute of Engineering and Technology. No articles link to this particular article, and no useful information is in this article. Ataricodfish 23:24, 20 February 2006 (UTC)
* Redirect to the correct page. — Rebelguys2 talk 23:46, 20 February 2006 (UTC)
* Comment Ah, you're right, forgot about the redirect function. I went ahead and redirected to the correct page. Thanks for checking this out, withdrawing nomination. --Ataricodfish 23:55, 20 February 2006 (UTC)
| WIKI |
Oreoicidae
Oreoicidae is a newly recognized family of small insectivorous songbirds from New Guinea and Australia, commonly known as the Australo-Papuan bellbirds. The family contains three genera, each containing a single species: Aleadryas, which contains the rufous-naped bellbird; Ornorectes, which contains the piping bellbird; and Oreoica, which contains the crested bellbird.
Taxonomy and systematics
The three species contained in the family have been moved around between different families for fifty years, including the Colluricinclidae (shrike-thrushes), Falcunculidae (shrike-tits) and Pachycephalidae (whistlers). A series of studies of the DNA of Australian birds between 2001 and 2006 found strong support for treating the three genera as a new family, which was formally named in 2016 (although the name had first been proposed by Sibley and Ahlquist in 1985).
Within the passerines, the relationship of the Australo-Papuan bellbirds to other bird families has been difficult to establish; they have been thought to be close to a range of families including the cuckoo-shrikes, whistlers, mottled berryhunter, painted berrypeckers, butcherbirds and woodswallows, and Old World orioles.
Taxonomic list
* Aleadryas
* Aleadryas rufinucha, rufous-naped bellbird (formerly rufous-naped whistler)
* Ornorectes
* Ornorectes cristatus, piping bellbird (formerly crested pitohui)
* Oreoica
* Oreoica gutturalis, crested bellbird
Description
The family shares a small number of characteristics. They are small medium to medium-sized songbirds with stout bodies, ranging from 16.5 to(-) in length for the rufous-naped whistler to 25 to(-) in the crested pitohui. They also all have semi-erectile crests and shrike-like bills. The plumage is either the same between the sexes (as in the rufous-naped and piping bellbird) or slightly different (as in the crested bellbird).
Distribution and habitat
The family occupies a range of habitats. Two species, the rufous-naped bellbird and the piping bellbird, are endemic to New Guinea, whilst the crested bellbird is endemic to Australia. The two New Guinean species are found in rainforest; lowland and hill forest in the piping bellbird, or montane forest and secondary forest in the case of the rufous-naped bellbird. The crested bellbird occupies drier habitats in Australia including dry woodlands and scrublands.
Vocalization
All members of Oreoicidae have melodious piping songs consisting of rhythmically repeating ringing notes of different lengths, typically mostly or all at the same pitch. The bell-like quality of their songs is the source of the common name bellbird, which was first applied to the crested bellbird and more recently to the other two species, once their close relationship to the crested bellbird, and distant relationship to whistlers (in the case of rufous-naped bellbird) and other pitohuis (in the case of piping bellbird), was revealed. The rufous-naped bellbird also makes harsh rasping calls.
One aboriginal name for the crested bellbird is "panpanpanella," an onomatopoeia of its rhythmic song. Early European settlers called the bird "dick-dick-the-devil," another onomatopoeia.
The ornithologist John Gould (and the naturalist John Gilbert) described the song of the crested bellbird thusly:
"I regret much that it is not in my power to convey an idea of the sounds uttered by this bird, for they are singular in the extreme; besides which, it is a perfect ventriloquist, its peculiar, mournful piping whistle appearing to be at a considerable distance, while the bird is perched on a large branch of a neighbouring tree. Gilbert having described to the best of his power the singular note of this species, I give his own words; but no description can convey anything like an accurate idea of it... 'The most singular feature,' says Gilbert, 'connected with this bird is, that it is a perfect ventriloquist. At first its note commences in so low a tone that it sounds as if at a considerable distance, and then gradually increases in volume until it appears over the head of the wondering hearer, the bird that utters it being all the while on the dead part of a tree, perhaps not more than a few yards distant; its motionless attitude rendering its discovery very difficult. It has two kinds of song, the most usual of which is a running succession of notes, or two notes repeated together rather slowly, followed by a repetition three times rather quickly, the last note resembling the sound of a bell from its ringing tone; the other song is pretty nearly the same, only that it concludes with a sudden and peculiar fall of two notes.'" | WIKI |
John Adams Sr. (Nebraska politician)
John Adams Sr. (February 2, 1876 – April 21, 1962) was an American minister, lawyer, and politician and a member of the unicameral Nebraska Legislature. He was born in Atlanta, Georgia, was a lawyer and minister in South Carolina, Washington state, and Colorado before settling in Omaha, Nebraska. While in South Carolina he took a civil rights case to the U.S. Supreme Court where he lost. He was the only black member of the Nebraska unicameral for much of his tenure from 1949 to 1962. He was an ordained minister and at the time of his death was presiding elder of the African Methodist Episcopal Church (AME). As a legislator, he was an outspoken champion of civil rights and fought for fair employment practices and pensions for retired teachers.
Life
Adams was born February 2, 1876, in Atlanta, Georgia, to the John and Belle Adams. On September 16, 1902 he married Hattie Edith Bowman daughter of John and Melissa Bowman in Wilmington, North Carolina. He attended high school in Atlanta public schools and attended Lincoln University in Pennsylvania, Yale University, Gammon Theological Seminary, and received a Masters of Arts from AME affiliated Campbell College in Jackson, Mississippi. He had three sons, John, Harold S. and Ralph W. John Jr. and Ralph joined John Sr. as partners in a law practice in the 1930s. Adams died of a heart attack on the morning of Saturday, April 22, 1962. The Governor and many members of the state legislature attended his funeral.
Career
While not formally trained as a lawyer, Adams was first admitted to the bar in South Carolina during the early 1900s. He practiced law in Orangeburg, South Carolina in a firm with Jacob Moorer, who was also black. In 1908, Moorer and Adams served as counsel for African American sharecropper Pink Franklin who killed a white constable who had come to arrest him, arguing that the act was in self-defense as Pink and his wife, Patsy, were both wounded and claimed the officer fired first. In a tense racial environment, Franklin was found guilty and sentenced to death by an all-white jury. Moorer and Adams appealed, challenging the racial composition of the grand jury and petit jury as well as the constitutionality of South Carolina's 1895 Constitution. They lost in state courts and appealed to the U.S. Supreme Court where they again lost in Franklin v. South Carolina. The case received national attention and finally in 1919, Franklin sentence was commuted and he was released on parole due to the continued efforts of Moorer and Adams, but also the efforts of Booker T. Washington, Oswald Garrison Villard, Joel Elias Spingarn, Frances Blascoer, Bernard Hagood, and Claude Sawyer That occasion marked the second time black lawyers had appeared before the Supreme Court. Adams left South Carolina after that case and moved to Washington State and then to Pueblo, Colorado where he continued to practice law. After moving to Omaha and was admitted to the Nebraska bar on motion in 1922. Adams also served as president of Daniel Payne University at Birmingham, Alabama in 1935 where he served for four years.
Adams' son, John Adams Jr. was a Nebraska State Legislator from 1935 to 1941. In 1942, John Jr. lost in an election against dentist Dr. Harry A Foster. In 1944, while Adams Jr. was serving in World War II, Adams Sr. decided to run for that seat, in Nebraska's fifth district, losing to Foster. Adams Sr. lost again in a primary in 1946. In 1948, Adams Sr. won, winning again against Foster in every election until 1962. As a legislator, he was an outspoken champion of civil rights and fought for fair employment practices and pensions for retired teachers. He also was known for his opposition to gambling and vehemently opposed the legalization of bingo. | WIKI |
Intel® Quartus® Prime Standard Edition User Guide: Scripting
ID 683325
Date 9/24/2018
Public
Document Table of Contents
1.4.1. Option Precedence
Project assignments follow a set of precedence rules.
Assignments for a project can exist in three places:
• Intel® Quartus® Prime Settings File (.qsf)
• The compiler database
• Command-line options
The .qsf file contains all the project-wide and entity-level assignments and settings for the current revision for the project. The compiler database contains the result of the last compilation in the /db directory, and reflects the assignments at the moment when the project was compiled. Updated assignments first appear in the compiler database and later in the .qsf file.
Command-line options override any conflicting assignments in the .qsf file or the compiler database files. To specify whether the .qsf or compiler database files take precedence for any assignments not specified in the command-line, use the option --read_settings_files.
Table 1. Precedence for Reading Assignments
Option Specified Precedence for Reading Assignments
--read_settings_files = on
(Default)
1. Command-line options
2. The .qsf for the project
3. Project database (db directory, if it exists)
4. Intel® Quartus® Prime software defaults
--read_settings_files = off
1. Command-line options
2. Project database (db directory, if it exists)
3. Intel® Quartus® Prime software defaults
The --write_settings_files command-line option lists the locations to which assignments are written..
Table 2. Location for Writing Assignments
Option Specified Location for Writing Assignments
--write_settings_files = on (Default) .qsf file and compiler database
--write_settings_files = off Compiler database
Any assignment not specified as a command-line option or found in the .qsf file or compiler database file is set to its default value.
The example assumes that a project named fir_filter exists, and that the analysis and synthesis step has been performed.
quartus_fit fir_filter --pack_register=off
quartus_sta fir_filter
mv fir_filter_sta.rpt fir_filter_1_sta.rpt
quartus_fit fir_filter --pack_register=minimize_area --write_settings_files=off
quartus_sta fir_filter
mv fir_filter_sta.rpt fir_filter_2_sta.rpt
The first command, quartus_fit fir_filter --pack_register=off, runs the quartus_fit executable with no aggressive attempts to reduce device resource usage.
The second command, quartus_sta fir_filter, performs basic timing analysis for the results of the previous fit.
The third command uses the UNIX mv command to copy the report file output from quartus_sta to a file with a new name, so that the results are not overwritten by subsequent timing analysis.
The fourth command runs quartus_fit a second time, and directs it to attempt to pack logic into registers to reduce device resource usage. With the --write_settings_files=off option, the command-line executable does not update the .qsf to reflect the changed register packing setting. Instead, only the compiler database files reflect the changed setting. If the --write_settings_files=off option is not specified, the command-line executable updates the .qsf to reflect the register packing setting.
The fifth command reruns timing analysis, and the sixth command renames the report file, so that it is not overwritten by subsequent timing analysis.
Use the options --read_settings_files=off and --write_settings_files=off (where appropriate) to optimize the way that the Intel® Quartus® Prime software reads and updates settings files.
In this example, the quartus_asm executable does not read or write settings files:
quartus_map filtref --source=filtref --part=EP3C10F256C8
quartus_fit filtref --pack_register=off --read_settings_files=off
quartus_asm filtref --read_settings_files=off --write_settings_files=off
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Vietnam defends decision to revoke dissident's citizenship
HANOI (Reuters) - Vietnam on Thursday defended its decision to revoke the citizenship of French-Vietnamese dissident Pham Minh Hoang, a former political prisoner who is accused of breaking the law and threatening state security. The 62-year-old mathematics lecturer was told of the decision last week, drawing criticism from human rights groups. The government has not said exactly what he is accused of. “The removal of citizenship was conducted in accordance with the provisions of Vietnamese law,” said foreign ministry spokeswoman Le Thi Thu Hang. Hoang and the French embassy in Vietnam have been informed of the decision, she said. Reuters was not able to contact Hoang for comment. The French embassy was not immediately available for comment. Hoang was sentenced to three years in jail for attempted subversion in 2011 but was released after 17 months and served three years under house arrest. The decision to revoke Hoang’s citizenship was unjustified and “marks a new low for Hanoi’s treatment of political dissidents”, U.S.-based Human Rights Watch said this week. Despite sweeping reforms to the economy and growing openness to social change, the Communist Party retains tight media censorship and tolerates no criticism. Dozens of bloggers and activists are serving sentences for crimes against the state. Reporting by My Pham; Editing by Clarence Fernandez | NEWS-MULTISOURCE |
2024 Swedish Open – Men's doubles
Orlando Luz and Rafael Matos defeated Manuel Guinard and Grégoire Jacq in the final, 7–5, 6–4 to win the men's doubles tennis title at the 2024 Swedish Open. It was the first ATP Tour doubles title for Luz, and ninth for Matos.
Gonzalo Escobar and Aleksandr Nedovyesov were the defending champions, but lost in the semifinals to Guinard and Jacq.
Seeds
• # 🇪🇨 Gonzalo Escobar / 🇰🇿 Aleksandr Nedovyesov (semifinals)
• # 🇦🇷 Guido Andreozzi / 🇲🇽 Miguel Ángel Reyes-Varela (first round)
• # 🇧🇷 Orlando Luz / 🇧🇷 Rafael Matos (champions)
• # 🇧🇷 Fernando Romboli / 🇧🇷 Marcelo Zormann (first round) | WIKI |
Bagna càuda
Bagna càuda (lit. 'hot dip' or 'hot gravy'), also spelled bagna caouda in Alpes-Maritimes, is a hot dish made with garlic and anchovies, typical of Lower Piedmont, a geographical region of Piedmont, Italy, and Provence, France. The dish is served and consumed in a manner similar to fondue, sometimes as an appetizer, with raw or cooked vegetables typically used to dip into it.
Overview
Bagna càuda is a hot dish and dipping sauce in Piedmontese and Provençal cuisine that is used to dip vegetables in. It is prepared using olive oil, chopped anchovies and garlic. Additional ingredients sometimes used include truffle and salt. Raw or cooked vegetables are dipped into the sauce, which is typically kept hot on a serving table using a heat source such as a candle or burner.
Cardoon (edible thistle) is often dipped in the sauce. Additional foods used to dip into it include cabbage, celery, carrot, Jerusalem artichoke, pepper, fennel, and bread. It is sometimes served as an appetizer.
In the past, walnut or hazelnut oil would have been used. Sometimes, truffles are used in versions around the Italian comune (municipality) of Alba, in the Piedmont region. It is traditionally eaten during the autumn and winter months, particularly at Christmas and New Year's, and must be served hot, as the name suggests.
Consumption in North and South America
It is also a popular winter dish in central Argentina and prevalent in Clinton, Indiana; Rock Springs, Wyoming; and Benld, Illinois; as there were many northern Italian immigrants to those places. Bagna càuda was also prepared in the coal-mining community of Madison County, Illinois (including Collinsville, Edwardsville and Maryville), due to the numerous Italian immigrants that came there to work in the mines.
History
Bagna càuda has been a part of Piedmontese cuisine since the 16th century. The recipe is typical of Lower Piedmont, a geographical region of Piedmont, Italy, as in past centuries in that area it was very easy to obtain the salted anchovy, the fundamental ingredient, still used today in many typical Piedmontese recipes, especially among appetizers, for example, the anciove al bagnet verd or al bagnèt ross. Ancient Piedmont obtained its salt from the saline of Provence and the mouths of the Rhône, through a series of commercial routes crossing the passes of the Maritime Alps and known as "salt roads"; in fact at the time Nice and its surroundings were territory Savoyard. Legend has it that the trade in salted anchovies was a way to trade salt, thus avoiding paying the high duties: tubs full of salt presented a layer of salted anchovies in the upper part to the control of the tax collectors. In reality, throughout the Piedmont of the old regime, the salt gabelle was a compulsory tax and not linked to consumption. Not only that, salted anchovies were much more expensive and their price was sustainable only in relation to the modest purchase quantities. The "anchovy seller" (ancióaire in Piedmontese language) was the itinerant merchant who with the typical cart pulled by horses or oxen brought the anchovies in barrels and wooden casks.
The bagna càuda was rejected for a long time by the wealthier classes, who considered it a coarse food and unsuitable for a refined diet, in particular, due to the presence of garlic and the effects of its intake on the breath, where it remains for a considerable time (in some cases even up to twenty-four hours). For this reason, written information about this dish is rather rare in Piedmontese gastronomic texts. The first detailed description of the bagna càuda in its current version is due to Roberto Sacchetti and dates back to 1875.
Similar dishes
Pinzimonio is a similar dipping sauce prepared using olive oil, salt, pepper and occasionally wine vinegar, which is served with raw vegetables and is typically served cold.
Anchoïade is a similar dish served in France. | WIKI |
Roller (Apache 207 song)
"Roller" is a song recorded by German rapper Apache 207. The song was released by Four Music and TwoSides on 23 August 2019, as the lead single from Apache's debut EP Platte. The song was written by Apache 207 and produced by Lucry and Suena.
The song reached number one in Germany in its second week on the chart, becoming the rapper's first number-one hit there. It also went on to become the most streamed song in Germany in 2019. Additionally, the song peaked in the top-10 of the charts in Austria and Switzerland. In March 2020, the song was awarded the most successful record of 2019 by the academy of the German Music Authors' Prize, hosted by GEMA.
Critical reception
The editors of 16Bars stressed the song's use of "unique vocal efforts" paired with "catchy melodies" and Apache's "authentic showmanship". Laut.de praised the song for showcasing Apache's trademark qualities, including a "catchy hook" and "a good portion of self-deprecation".
Commercial performance
The song debuted at number two in Germany, behind Capital Bra's and Samra's Nummer eins, becoming the rapper's highest charting single. In its second week, for the chart dated 6 September 2019, the song reached number one. The song was certified diamond by the BVMI in July 2020, exceeding one million certified units in Germany. In doing so, the song became only the fourth German rap song to reach that threshold. By 30 September 2020, the song had amassed 221 million streams on Spotify, surpassing Rammstein's "Du hast" (1997) as the most streamed German song of all time on the streaming service.
Music video
The accompanying music video was released on 23 August 2019. It mainly features the rapper, dressed in white Nike socks and sneakers, with his crew (mainly consisting of his real life friends) riding motorcycles. He gets the USB Stick for his EP Platte stolen by a gang. Later, with a jump he kicks the thief off his scooter. The scene, allegedly resembling a scene from a german series "Die Ruhrpottwache" featuring Smolik, is filmed at the bft gas station in Speyer, near his hometown Ludwigshafen. The final scene shows Apache running through a street in Mannheim while also alluding to the title of his then upcoming debut EP Platte. The video surpassed 40 million views by the end of 2019.
Personnel
Credits adapted from Tidal.
* Apache 207 – vocals, songwriting
* Lucry – composition, production, mixing engineering
* Suena – composition, production, mixing engineering
* Lex Barkey – mastering engineering | WIKI |
Small random initialization is akin to spectral learning: Optimization and generalization guarantees for overparameterized low-rank matrix reconstructionDownload PDF
Published: 09 Nov 2021, Last Modified: 05 May 2023NeurIPS 2021 PosterReaders: Everyone
Keywords: low-rank matrix recovery, overparameterized learning, non-convex optimization
TL;DR: For small random initialization, in the initial stage of the training, gradient descent implicitly behaves like spectral initialization approaches such as those commonly used in techniques based on the method of moments.
Abstract: Recently there has been significant theoretical progress on understanding the convergence and generalization of gradient-based methods on nonconvex losses with overparameterized models. Nevertheless, many aspects of optimization and generalization and in particular the critical role of small random initialization are not fully understood. In this paper, we take a step towards demystifying this role by proving that small random initialization followed by a few iterations of gradient descent behaves akin to popular spectral methods. We also show that this implicit spectral bias from small random initialization, which is provably more prominent for overparameterized models, also puts the gradient descent iterations on a particular trajectory towards solutions that are not only globally optimal but also generalize well. Concretely, we focus on the problem of reconstructing a low-rank matrix from a few measurements via a natural nonconvex formulation. In this setting, we show that the trajectory of the gradient descent iterations from small random initialization can be approximately decomposed into three phases: (I) a spectral or alignment phase where we show that that the iterates have an implicit spectral bias akin to spectral initialization allowing us to show that at the end of this phase the column space of the iterates and the underlying low-rank matrix are sufficiently aligned, (II) a saddle avoidance/refinement phase where we show that the trajectory of the gradient iterates moves away from certain degenerate saddle points, and (III) a local refinement phase where we show that after avoiding the saddles the iterates converge quickly to the underlying low-rank matrix. Underlying our analysis are insights for the analysis of overparameterized nonconvex optimization schemes that may have implications for computational problems beyond low-rank reconstruction.
Supplementary Material: pdf
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-- Portugal’s Portas to Be Vice Premier, Oversee Economic Policy
Portuguese Prime Minister Pedro Passos Coelho said Paulo Portas, leader of the conservative CDS
party, will become vice premier as part of an agreement to hold
the coalition government together and avoid early elections. Portas will be responsible for coordinating economic policy
and the relationship with the so-called troika of officials from
the European Commission, European Central Bank and International
Monetary Fund that oversee the country’s aid plan, Coelho said
in Lisbon late yesterday. Coelho, who leads the Social
Democrats , needs the smaller CDS party for a majority in
parliament to pass measures and meet terms of the bailout from
the EU and IMF that ends in June 2014. “ Portugal will continue to have a stable and determined
government to solve the country’s serious problems,” Coelho
said. “We want to complete the aid program by the dates that
have been set. We want to create the conditions for a new
economic cycle.” Portas said on July 2 he was quitting as foreign affairs
minister in a dispute over budget policy with the prime
minister. Coelho, who lost Finance Minister Vitor Gaspar the day
before, refused to accept the resignation, citing Portas’s role
as leader of a coalition party. Portas never left the Cabinet
because Coelho didn’t submit his resignation to the president. President Coelho on July 5 presented the agreement between the two
coalition parties to President Anibal Cavaco Silva , who still
has to assess the plan. Cavaco Silva, who as president has the
power to dissolve parliament and call early elections, is set to
start meeting with Portugal’s political parties tomorrow. The agreement has other consequences on the composition of
the government, and the proposed Cabinet changes are to be
announced by the president, the prime minister said yesterday.
Antonio Pires de Lima, chief executive officer of brewer Unicer
SA and a CDS party official, may be named economy minister,
newspaper Jornal de Negocios reported on July 5. Besides Portas, Agriculture Minister Assuncao Cristas and
Social Security Minister Pedro Mota Soares are the other
representatives of the CDS party in the Cabinet. Portas, a
minister of state, already had more senior status than most
other ministers. Portas on July 2 said he was resigning after opposing the
prime minister’s decision to name Secretary of State for the
Treasury Maria Luis Albuquerque as finance minister to replace
Gaspar. Prime Minister Coelho yesterday confirmed Albuquerque
will remain finance minister. Rising Joblessness The eighth review of Portugal’s progress on meeting terms
of the 78 billion-euro ($100 billion) aid program is due to
start July 15, the Finance Ministry said last month. The
government has started raising cash to finance its 2014 deficit
after covering its needs for this year, then-Finance Minister
Gaspar said in May. Coelho is battling rising joblessness and a deepening
recession as he cuts spending and raises taxes to meet the terms
of the bailout. He announced measures on May 3 intended to
generate savings of about 4.8 billion euros through 2015 that
include reducing the number of state workers. On March 15, the government announced less-ambitious
targets for narrowing its budget deficit as it forecast the
economy will shrink twice as much as previously estimated this
year. It targets a deficit of 5.5 percent of gross domestic
product in 2013, 4 percent in 2014 and below the EU’s 3 percent
limit in 2015, when it aims for a 2.5 percent gap. Portugal
forecasts debt will peak at 123.7 percent of GDP in 2014. The Portuguese government sought a “more realistic”
budget deficit target for 2014 than the 4 percent goal set by
the troika of EU and IMF officials, Portas said on May 5. Economic growth has averaged less than 1 percent a year in
the past decade, placing Portugal among Europe ’s weakest
performers. The government projects GDP will contract 2.3
percent this year before expanding 0.6 percent next year. The
jobless rate will climb to 18.2 percent in 2013 and 18.5 percent
in 2014. To contact the reporter on this story:
Joao Lima in Lisbon at
jlima1@bloomberg.net To contact the editor responsible for this story:
Stephen Foxwell at
sfoxwell@bloomberg.net | NEWS-MULTISOURCE |
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Role of clusterin/ApoJ on insulin signalling in response to physical exercise in rodents and humans
Abstract
Insulin is an anabolic hormone with fundamental actions in organs and tissues to maintain body homeostasis. Abnormalities in insulin action to stimulate glucose uptake in skeletal muscle and inhibit hepatic glucose production, are usually found in individuals with insulin resistance and antecedent the development of type 2 diabetes mellitus (DM2). The hypertrophied adipose tissue releases several biomolecules such as hormones and pro-inflammatory cytokines and other factors that are involved in the induction of insulin resistance in obese. In this context, the knowledge in molecular biology with other fields of study have been trying to guide which factors are most important in the prevention and treatment of DM2. Clusterin, or apolipoprotein J (ApoJ) via its membrane receptor (LRP2) acts in the insulin signaling potentiating its effects on peripheral tissues (skeletal muscle, liver and adipose) and also in the hypothalamus. However, the expression of this protein in peripheral tissues and its mechanisms of action are not fully understood. Physical exercise is also able to regulate crucial proteins involved in insulin signaling and promote metabolic improvements in animal and human diabetics. However, its effects in the regulation of clusterin and consequently in glucose homeostasis have not been elucidated so far. Thus, understanding the molecular mechanisms involved in the action of clusterin in insulin signaling in the liver and muscle tissues in the exercise condition becomes essential for discovery of new therapeutic mechanisms, as well as for more effective prescription of physical exercise and safe for individuals affected by obesity and DM2. (AU)
Articles published in Agência FAPESP Newsletter about the research grant:
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VEICULO: TITULO (DATA)
Scientific publications (9)
(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)
PEREIRA, RODRIGO MARTINS; DA CRUZ RODRIGUES, KELLEN CRISTINA; ANARUMA, CHADI PELLEGRINI; SANT'ANA, MARCELLA RAMOS; PEREIRA DE CAMPOS, THAIS DANTIS; GASPAR, RODRIGO STELIZER; CANCIGLIERI, RAPHAEL DOS SANTOS; DE MELO, DIEGO GOMES; MEKARY, RANIA A.; RAMOS DA SILVA, ADELINO SANCHEZ; et al. Short-term strength training reduces gluconeogenesis and NAFLD in obese mice. Journal of Endocrinology, v. 241, n. 1, p. 59-70, . (15/07199-2, 16/12569-6)
PEREIRA, RODRIGO MARTINS; MEKARY, RANIA A.; DA CRUZ RODRIGUES, KELLEN CRISTINA; ANARUMA, CHADI PELLEGRINI; ROPELLE, EDUARDO ROCHETE; RAMOS DA SILVA, ADELINO SANCHEZ; CINTRA, DENNYS ESPER; PAULI, JOSE RODRIGO; DE MOURA, LEANDRO PEREIRA. Protective molecular mechanisms of clusterin against apoptosis in cardiomyocytes. HEART FAILURE REVIEWS, v. 23, n. 1, p. 123-129, . (15/07199-2, 16/12569-6)
PEREIRA, RODRIGO MARTINS; BOTEZELLI, JOSE DIEGO; DA CRUZ RODRIGUES, KELLEN CRISTINA; MEKARY, RANIA A.; CINTRA, DENNYS ESPER; PAULI, JOSE RODRIGO; RAMOS DA SILVA, ADELINO SANCHEZ; ROPELLE, EDUARDO ROCHETE; DE MOURA, LEANDRO PEREIRA. Fructose Consumption in the Development of Obesity and the Effects of Different Protocols of Physical Exercise on the Hepatic Metabolism. NUTRIENTS, v. 9, n. 4, . (15/07199-2, 16/12569-6)
DE CAMPOS, THAIS DANTIS PEREIRA; DA CRUZ RODRIGUES, KELLEN CRISTINA; PEREIRA, RODRIGO MARTINS; ANARUMA, CHADI PELLEGRINI; DOS SANTOS CANCIGLIERI, RAPHAEL; DE MELO, DIEGO GOMES; DA SILVA, ADELINO SANCHEZ RAMOS; CINTRA, DENNYS ESPER; ROPELLE, EDUARDO ROCHETE; PAULI, JOSE RODRIGO; et al. The protective roles of clusterin in ocular diseases caused by obesity and diabetes mellitus type 2. MOLECULAR BIOLOGY REPORTS, v. 48, n. 5, p. 4637-4645, . (18/06833-8, 15/07199-2)
PEREIRA, RODRIGO MARTINS; DA CRUZ RODRIGUES, KELLEN CRISTINA; SANT'ANA, MARCELLA RAMOS; PERUCA, GUILHERME FRANCISCO; MORELLI, ANA PAULA; SIMABUCO, FERNANDO M.; DA SILVA, ADELINO S. R.; CINTRA, DENNYS ESPER; ROPELLE, EDUARDO ROCHETE; PAULI, JOSE RODRIGO; et al. Strength exercise reduces hepatic pyruvate carboxylase and gluconeogenesis in DIO mice. Journal of Endocrinology, v. 247, n. 2, p. 127-138, . (16/12569-6, 15/07199-2, 16/24406-4)
DA CRUZ RODRIGUES, KELLEN CRISTINA; PEREIRA, RODRIGO MARTINS; PERUCA, GUILHERME FRANCISCO; TORRES BARBOSA, LUCAS WESLEY; SANT'ANA, MARCELLA RAMOS; MUNOZ, VITOR ROSETTO; MORELLI, ANA PAULA; SIMABUCO, FERNANDO MOREIRA; RAMOS DA SILVA, ADELINO SANCHEZ; CINTRA, DENNYS ESPER; et al. Short-Term Strength Exercise Reduces Hepatic Insulin Resistance in Obese Mice by Reducing PTP1B Content, Regardless of Changes in Body Weight. INTERNATIONAL JOURNAL OF MOLECULAR SCIENCES, v. 22, n. 12, . (16/12569-6, 15/07199-2)
PEREIRA DE CAMPOS, THAIS DANTIS; DA CRUZ RODRIGUES, KELLEN CRISTINA; PEREIRA, RODRIGO MARTINS; MORELLI, ANA PAULA; DA ROCHA, ALISSON LUIZ; CANCIGLIERI, RAPHAEL DOS SANTOS; RAMOS DA SILVA, ADELINO SANCHEZ; ROPELLE, EDUARDO ROCHETE; PAULI, JOSE RODRIGO; SIMABUCO, FERNANDO MOREIRA; et al. Short-Term Combined Exercise Improves Inflammatory Profile in the Retina of Obese Mice. INTERNATIONAL JOURNAL OF MOLECULAR SCIENCES, v. 21, n. 17, . (15/07199-2, 18/06833-8)
ANARUMA, CHADI PELLEGRINI; PEREIRA, RODRIGO MARTINS; DA CRUZ RODRIGUES, KELLEN CRISTINA; RAMOS DA SILVA, ADELINO SANCHEZ; CINTRA, DENNYS ESPER; ROPELLE, EDUARDO ROCHETE; PAULI, JOSE RODRIGO; DE MOURA, LEANDRO PEREIRA. Rock protein as cardiac hypertrophy modulator in obesity and physical exercise. Life Sciences, v. 254, . (18/15461-7, 16/14388-9, 15/07199-2)
DA CRUZ RODRIGUES, KELLEN C.; PEREIRA, RODRIGO M.; DE CAMPOS, THAIS D. P.; DE MOURA, RODRIGO F.; DA SILVA, ADELINO S. R.; CINTRA, DENNYS E.; ROPELLE, EDUARDO R.; PAULI, JOSE R.; DE ARAUJO, MICHEL B.; DE MOURA, LEANDRO P.. The Role of Physical Exercise to Improve the Browning of White Adipose Tissue via POMC Neurons. FRONTIERS IN CELLULAR NEUROSCIENCE, v. 12, . (15/07199-2, 16/24406-4)
Please report errors in scientific publications list by writing to: cdi@fapesp.br. | ESSENTIALAI-STEM |
COMPTON v. JESUP.
CERTIFICATE FROM THE COURT OF APPEALS FOR THE SIXTH CIRCUIT.
No. 314.
Argued December 4, 1896. —
Decided May 10, 1897.
In the course of the various proceedings, referred to in the Statement of the Case, below, for the foreclosure of mortgages in different States upon different railroads which constituted a part of what was known as the Wabash system, and for its reorganization, the claim of the appellant which forms the subject of this appeal was considered. His claim was for equipment bonds for equipment furnished the Ohio division. Among the proceedings was a suit in Indiana, involving the question of the lien of such bonds upon the portion of the road in Indiana, in which it was decreed that there was no lien. The various proceedings resulted on the 23d of March, 1889, in a decree of foreclosure in the several Circuit Courts in Ohio, Indiana and Illinois, by which the entire line was to be sold as a unit, and further it was provided that the rendering of that decree in advance of the trial and determination of the appellant’s claim should not affect the rights of the appellant, but that they should be preserved and enforced in the manner provided for by the decree. The ale under the decree was made and confirmed. August 17, 1889, it was ordered “ that the issues presented in this cause as to the lien and claim of James Compton, made by the various pleadings herein upon and concerning said claim and lien, and reserved in the former decree herein saving the rights of said Compton, be and the same are hereby referred to Bluford Wilson as special master,” etc. The special master reported that Compton’s lien was a valid one, and that he was entitled by the saving clause of the decree to have the Ohio division resold if the purchaser did not pay off his bonds, principal and interest, in full'. The Circuit Court sustained the master in holding Compton’s lien valid, but decided that his only remedy was to redeem the four divisional mortgages, two in Ohio and two in Indiana. Appeal was taken to the Circuit Court of Appeals. That court, after making a full statement, requested the instructions of this court upon the following questions: First. Had Compton the right under the saving clause of the decree for sale to a decree for the redemption of the Ohio division only ? Second. In fixing the amount to be paid in redemption, is he entitled to have the principal and interest of the mortgages to be redeemed reduced by the net earnings received by the purchaser ? Third. Is the decree of the Circuit Court of the United States for the District of Indiana between the same parties and unappealed from, res judicata upon the foregoing questions in this court ? Held,
(1) That the decree of sale of March 23, 1889, conferred upon Compton, in event that his claim should not be paid by the purchaser, the right to a decree of resale of the property situated in,Ohio and covered and affected by his lien;
(2) That, in event of such sale, and in applying the proceeds thereof, Compton would be entitled to an account of the net earnings of the Ohio division over and above all operating expenses, taxes paid, and cash paid, if any, in redemption of receiver’s certificates and other expenses properly chargeable against the Ohio division, which net earnings should be deducted from the amount due on the two prior mortgages on said division;
(3) That the decree rendered in the Circuit .Court of the United States for Indiana was not res judicata upon the foregoing questions.
This case comes to this court on a certificate from the United States Circuit Court of Appeals for the Sixth Circuit, propounding questions concerning which instructions . are asked, in accordance with section 6 of the act to establish Circuit Courts of Appeals, approved March 3, 1891.
The statement of facts and questions are as follows:
This is an appeal from that part' of a decree in a railroad mortgage foreclosure suit, rendered by the Circuit Court of the United States for the Northern District of Ohio, which fixes the priority of a lien of the appellant and prescribes the remedy for its. enforcement. James Compton, the appellant, was a citizen of the District of Columbia. Holding equipment bonds issued by the Toledo and Wabash Kail way Company, which subsequently became one of the constituent companies of the Wabash system, he obtained a decree from the'Ohio Supreme Court, declaring them to be a valid lien on that part of the main line of the Wabash system reaching from Toledo west to the Illinois line, and awarding to him, as a means of enforcing the lien, an order for sale of the portion of the line lying in Ohio. 45 Ohio St. 592. Shortly after the entry of .this decree by the Ohio Supreme Court and before it was executed, upon the prayer of the complainant and a cross-complainant in the foreclosure proceedings in the court below and after the filing of the necessary affidavit, the court entered an order based on section 8 of the act of Congress of March 3, 1875, directing that Compton be served with subpoena in the District of Columbia, and required to appear and set up his lien in this cause. The order was complied with and Compton, appearing only for the purpose of objecting to the validity of the service, moved the court to set the service aside, and to dismiss him from the case. The motion was overruled. He then demurred to the jurisdiction on the ground that citizens of the same State appeared on both sides of the controversy. His demurrer - was overruled. The amendments to the bill and cross-bills concerning Compton denied the validity of his lien, and asserted that he was estopped by matter of record to claim a lien because of a •decree of the Supreme Court of the United States to which he was in law privy, in the case of Wabash, St. Louis & Pacific Railway Company v. Ham, denying the existence of a lien in favor of the equipment bondholders. Compton in his answers which he filed after his demurrer was overruled set up his lien as declared by the Ohio Supreme Court decree and his right thereunder to have the Ohio division sold to satisfy it. Compton also claimed in his answer that his bonds were a first lien upon certain terminals of the defendant company at Toledo on the ground that the Ohio divisional mortgage did not cover this property. The court below adjudged that Compton had a valid lien on the Ohio and Indiana lines by virtue of the Ohio decree, but denied his' right to a first lien on the Toledo terminals or to a separate sale of the Ohio line, and declined to afford him any relief but that of redeeming the four divisional mortgages, two on the Ohio line and two on the Indiana line, by the payment of about $8,000,000. The sale under the decrees of foreclosure in the court below, against Compton’s objection, took place before the validity and character of his lien were determined, and a provision was inserted in the decree saving his rights. Compton contended that the language of this saving clause entitled him to the payment of his lien by the purchaser or in default thereof a resale of the Ohio part of the railroad. At the hearing of the appeal, a motion was made to dismiss on the ground that the same decree as that here appealed from was entered by the United States Circuit Court for Indiana in a case between the same parties.
This appeal presents the questions:
1st. Had the court jurisdiction of the.original bill?
2d. Had it power to make Compton party by substituted service ?
3d. "Was Compton estopped to assert a lien for his bonds by a decree of the United States Circuit Court for Indiana denying it for bonds of the same kind in what was claimed to be a representative suit ?
. 4th. Did the Ohio divisional mortgages not cover certain after-acquired terminal property at Toledo so that. Compton had a first lien thereon ?
5th. What was the effect of the proviso in the decree of sale upon Compton’s rights and remedy?
6th. What relief was he entitled to under the Ohio decree ?
7th. Is Compton estopped to prosecute this appeal by the fact that a decree identical in terms with the one here appealed from was entered in the United States Circuit Court for Indiana, and has not been appealed’from?
The facts of the case are quite complicated, and many of them must be stated for a clear understanding.of the issues.
The Wabash, St. Louis and Pacific. Railway Company, usuálly known as the Wabash system, comprised as its main liné, a railroad which ran from Toledo, Ohio, west through Ohio, Indiana, Illinois and Missouri to Kansas City. It. was the result of. a consolidation of separate railroads, one in Ohio, one in Indiana, three or four in Illinois and one or more in Missouri. First the Ohio and Indiana companies were consolidated, then the companies east of the Mississippi River, and finally in 1880 all of them were united in the Wabash, St. Louis and Pacific Company. Many of the constituent companies had issued bonds secured by mortgage upon their respective lines, and as consolidations took place the new companies assumed the obligation of the mortgage and bonded debts of their constituents. When the Ohio and Indiana companies were united in 1858 under the name of the Toledo and Wabash Railway Company, there were two mortgages on the Ohio part, one to the Farmers’ Loan and Trust Company, trustee, to secure $900,000 of bonds, and a second to E. D. Morgan, trustee, to secure bonds amounting to $1,000,000. There were also two mortgages on the Indiana part, one to the Farmers’ Loan and Trust Company, trustees, for $2;500,000, and a second to E. D. Morgan, trustee, for $1,500,000. The Toledo and Wabash Company in 1862 issued equipment bonds to the amount of $600,000, but gave no mortgage to secure them. It is $150,0<:0 — par value — of the equipment bonds which is the subject-matter of this appeal. In 1865 the Toledo and Wabash Railway Company united with several Illinois companies and became the Toledo, Wabash and Western Company, with a line reaching front Toledo to the Mississippi River. It was this consolidation which the Supreme Court of Ohio held, by virtue of the Ohio statute authorizing it, to have the effect of fastening the equipment bonds as a lien on the property of the Toledo and Wabash Railway Company which passed to the new company. The articles of agreement contained the following provisions:
“Now, therefore, the said companies by their respective directors agree to consolidate their said roads, property and capital stock into one company upon the basis and conditions hereinafter specified, to be submitted by the directors of each of said roads, to the stockholders thereof for ratification, to wit:
“ The Toledo and Wabash Railway Company enters into said consolidation on the following basis, viz.:
“ Its capital is.....:............... $10,000,000
Composed as follows:
First-mortgage bonds............. . 3,400,000
Second-mortgage bonds..........' 2,500,000
Convertible equipment bonds ..... 600,000
Convertible preferred stock ........ 1,000,000
Common stock.................. 2,500,000
ft ft ft ft ft*
“ It is further agreed that, on the terms and conditions above specified, the four railroad companies hereto do agree, each for itself severally, that the several companies named shall be and they hereby are consolidated into and form one corporation, etc.
* •» * -x- *
“ It is further agreed that the bonds and other debts hereinabove specified, in the manner and to the extent specified, and not otherwise provided for in this agreement, shall, as to the principal and interest thereof, as the same shall respectively fall due, be protected by the said consolidated company, according to the true meaning and effect of the instruments or bonds by which such indebtedness of the several consolidating companies may be evidenced.”
The new company, the Toledo, Wabash and Western Kailway Company, shortly after the consolidation offered a mortgage to Knox and Jesup, trustees, upon its entire road, known as the consolidated mortgagé, with the purpose therein recited of using the proceeds of their sale to take up and refund all previous indebtedness, including the equipment bonds. The purpose was never carried out, but some $2,500,000 of bonds were issued and the proceeds expended for the use of the company. In the foreclosure of a subsequent mortgage called the gold-bond mortgage, and the consequent reorganization, the property of the Toledo, Wabash and Western Company passed, subject to all previous mortgages, to a consolidated company of the same three States, called the Wabash Kailway Company, which issued bonds amounting to $2,000,000, secured by mortgage on its line to Humphreys and Lindley, trustees. In the decree for sale and deeds under it it was provided that the sale should be without^ prejudice to the equipment bondholders’ rights which were left open. Then the Wabash Company united with a Missouri company to make the Wabash, St. Louis and Pacific Company a consolidated company of Ohio, Indiana, Illinois and Missouri, with a line of railway extending from Toledo to Kansas City. This company issued bonds amounting to $17,000,000, and secured- them by mortgage on its entire line to the Central Trust Company and James Cheney of Indiana as trustees. In 1884 the Wabash, St. Louis and Pacific Railway Company filed a bill in the Circuit Court for the Eastern District of Missouri against the Central Trust Company, a citizen of New York, and James Cheney, a citizen of Indiana, trustee under the last mortgage, averring its insolvency, praying for the appointment of a receiver, the marshalling of liens upon it, the sale of its road and a distribution of proceeds for the benefit of its creditors. A similar bill was filed in the Circuit Courts for the Northern District of Ohio and for other districts. Receivers were appointed, who took possession of the railroad, and operated it. Shortly afterward the Central Trust Company and Cheney filed a bill to foreclose their mortgage in state courts of the several States where the mortgaged property lay. These suits were removed to the proper Federal courts, and were consolidated with the -insolvency bills (so called) already referred to. The consolidated causes proceeded to decrees for sale in the various jurisdictions. The property was bid off in each court to James F. Joy and others, a purchasing committee under a plan of reorganization entered into by the foreclosing bondholders. The sales were confirmed and deeds ordered to be executed. The committee took possession from the receivers of the part of the railroad west of the Mississippi River, but for some reason, not clearly disclosed in the record, the court did not order the receivers to deliver possession to the purchasers of the lines east of the Mississippi. The sale of Joy and associates in Ohio was subject to the Humphreys and Lindley mortgage, the Knox and Jesup mortgage, the Compton lien, if any he had, and the Ohio divisional mortgages. While the railroad in Illinois, Indiana and Ohio was still in the hands of the receivers, Knox and Jesup began the proceeding in which this appeal was taken, by filing a bill against the Wabash, St. Louis and Pacific Railway Company to foreclose their mortgage in the Circuit Courts of northern Ohio, Indiana and Illinois, and for the appointment of receivers, and made parties defendant those holding taortgages on the part of the road within each jurisdiction as well as the purchasing committee at the former sale. Humphreys and Lindley and the Farmers’ Loan and Trust Company filed answers, which by stipulation were taken as cross-bills, setting up their mortgage liens on the Ohio property, and praying a foreclosure and sale. The bills and cross-bills all averred that at the time of filing the same the road was in the possession of the receivers appointed by the court below in the previous foreclosure suit. Citizens of the same State appeared on both sides of the controversy thus presented. Compton was made a party in the way already stated both to the Indiana and Ohio bills and cross-bills. The litigation in the courts of the three States proceeded together. Judge Jackson, the Circuit Judge for the Sixth Circuit, and Judge Gresham, the Circuit Judge for the Seventh Circuit, sat together, heard the points in dispute argued and made the same orders in their respective jurisdictions. The pleadings in the court below are quite confusing, and do not seem to have been prepared or filed with much care to keep separate the jurisdictions of the Circuit Courts of the three districts in which the litigation was pending. The amended bill of Knox and Jesup recited that a similar bill had been filed in the Southern District of Illinois, and attached the same as an exhibit. Both bills made parties all persons having or claiming an interest in any part of the line in the three States. Among these defendants were Jame”- F. Joy, as substituted trustee under the second Ohio divisional mortgage, and also as substituted trustee under the second Indiana divisional mortgage. The cross-bill of Humphreys and Lindley, trustees under the mortgage issued by the Wauash Railway Company on the entire line east of the Mississippi River, made the same parties as in the amended bill. The amended cross-bill of the Farmers’ Loan and Trust Company, seeking to foreclose that part of the railroad lying in Ohio, only made parties defendant those having a mortgage lien on the Ohio division. Compton was made a party to this cross-bill as was also James F. Joy, as trustee under the second mortgage on the Ohio property. By some error, Joy, as an answer to the amended bill of complaint and the cross-bills of Humphreys and Bindley and of the Farmers’ Loan and Trust Company, filed the same answer made by him in the Indiana suit, in which he only set up and asked to be protected in his rights as substituted trustee in the mortgáge of the Wabash and Western Railway Company, and made no averment or prayer in regard to the mortgage on the Ohio part of the railroad in which he had also been substituted as trustee in place of E. D. Morgan, trustee. Other answers were filed by parties defendants, and the cause proceeded in the three different courts in Ohio, Indiana and Illinois as if the same questions were pending in each court, and the same issues were raised, without respect to the territorial jurisdiction of. each court. Identically the same decree, foreclosing all the mortgages on all the railroad property east of the Mississippi Riverj divisional and otherwise, was entered in each district. The decree was entered March 23, 1889. Compton was not required to answer the bill and cross-bills' until April following, but in fact did' answer March 28, 1889, so that when the' decree for sale was passed the controversy over his claim was not at issue. This decree, though entered in the Circuit Court for the Northern District of Ohio, purports to foreclose divisional mortgages in Indiana and Illinois, and to order to a separate sale property without the territorial jurisdiction of the court, although there is no prayer for such relief, and there'is nothing in the decree intended to operate upon the defendant mortgagor cómpany to compel a conveyance of property in another jurisdiction. The decree provided that each division of-the road covered by an underlying divisional mortgage should be offered separately, and then the whole road east of the Mississippi River should be offered as a unit. If the sum offered for the whole road exceeded the total of the separate bids the road was to be struck off to the one making the unit bid, and the share of each division in the amount of the unit ‘bid was to be determined in the proportion of the separate bids. The decree provided that no bids should be received on the Ohio bid which did not equal the sum due on both the Ohio divisional mortgages, and that no bid should be received on the Indiana division which did not equal the amount due on the first Indiana divisional mortgage. Under this decree, Joy and his associates, the purchasing committee in the previous foreclosure proceedings, became the purchasers of the road on their unit bid of $15,500;000. This exceeded by several thousand dollars the sum total of the bids on the separate divisions of the road. The separate bid on the Ohio property amounted to $2,840,595.68, or a little more than enough to pay the principal and interest of the two divisional, mortgages. The separate bid on the Indiana division was $3,650,000. This was about $1,300,000 less than would have been required to pay the second divisional mortgage on that division. The purchasing committee organized a new company called the Wabash Railroad Company, to which they conveyed the railroad.
The new company was made a party below to contest Compton’s lien and his right to a resale or redemption of the Ohio property, and is a party to this appeal to oppose the reversal or modification of the decree, claiming to assert the rights of all mortgagees whose interests passed to the purchaser by the foreclosure proceeding. Because of the discussion of the effect of the decree for sale on Compton’s right, it is necessary to make a somewhat fuller reference to it. After finding the amount due upon each mortgage and foreclosing each mortgage in default of the several payments directed to be made by the mortgagors, the decree ordered a sale at the city of Chicago, at which the mortgaged property should first be offered for sale separately, as described in each of the divisional mortgages. It was further provided that there should be deposited with the special master as security for each bid $100,000 in cash or in bonds; that after such bids had been made they should be accepted conditionally upon the result of the offer of the entire railway as a unit; that, if the highest bid for the railroad as an entirety exceeded the sum of the highest bids for the separate divisions, the entire property should be struck off to the highest bidder for the entire road; that in such case the court would distribute to each division its share of the unit bid in proportion to the separate bids received for the separate divisions, and that in case of a sale of the property as a unit the purchaser must deposit in cash or in bonds $900,000 as a pledge that he -would comply with his bid. The provision with reference to the payment was as follows :
“ There shall be paid in cash, of the price at which the said mortgaged premises and property shall be sold, in addition to the amount which may be paid at the time of sale, such further sums thereafter of the purchase-money as the court may direct. ' The remainder of such purchase price may be paid either in cash, or in bonds, with the overdue coupons thereto appertaining, at such proportion or value as the holders thereof would be entitled to receive thereon in case the' said purchase price were paid by the purchasers in cash, and in all cases in which bonds shall be received by the said special masters, whether as a deposit at the time of said sale or sales; to bind the bids thereat, or in paymént of the remainder; of the purchase price at the time of the consummation of such sale or sales, the said bonds shall be so received at the rate or amount to which the holders thereof will be entitled to dividend thereon, and in case of the receipt of bonds for security at the time of sale, the said special masters shall at the time exercise their judgment in determining tire probable amount of the dividend to which such bonds will be entitled.”
The decree directed that upon the confirmation of the sale by the court and the full payment of the entire purchase price, and the compliance by the purchaser with the condition of the sale and orders of the court in that behalf, the special masters should convey the property by good and sufficient deed, to vest in the grantee “all the o?ight, title, estate, interest, property and equity of redemption except as hereby reserved of, in and to all and singular the real estate, property, premises and franchises therein described in fee simple forever, and shall entitle the grantees to the possession thereof.”
All questions of account between the several different divisions of the railway as to earnings and expenses, as to payments made by the receivers on coupons' or bonds secured by the mortgages upon the' divisions, and all questions of the disposition of the proceeds arising from the sales under the decree, were reserved for future settlement and adjustment. The masters were required to pay the proceeds into court, to remain subject to the further order of the court. The decree then proceeded:
“ All other questions arising under any of the pleadings or proceedings herein not hereby disposed of or determined are hereby reserved for future adjudication; including the claim for unearned interest on bonds not yet due.
“ And the defendant James Compton having in open court on the final hearing herein objected to the rendering or entry of any decree in this cause at this time on the ground that the issue raised by the amendment to the complainants’ amended and supplemental ancillary bill and to the cross-bill of the cross-complainants Solon Humphreys and Daniel A. Lindley, trustees, and the answers of the defendant James Compton to.be filed herein have not been tried and determined, the court overrules such objection, and the defendant James Compton duly excepts to such ruling and the entry of this decree. But it is adjudged and decreed in the premises that the rendering and entry of this decree in advance of the trial and determination of such issues is upon and subject to the following conditions, to wit.:
“If upon the determination of such issues it shall" be adjudged by this court that the decree rendered by the Supreme Court of the' State of Ohio, in the suit brought by said James Compton' against the "Wabash, St. Louis and Pacific Railway Company and others, referred to in the pleading herein and the lien thereby ’ declared and adjudicated in his favor, continue in full force and effect, then the purchaser or purchasers at any sale or sales had hereunder of that portion of the property sold, covered and affected by said lien or the successors in the title of said purchaser or purchasers shall pay to said James Compton or his solicitors herein within ten days after the entry of the decree herein in favor of said James Compton the sum of three hundred and thirty-nine thousand nine hundred and twenty dollars and forty cents, with interest thereon at six per cent per annum from May 1, 1888, being the amount found due on the equipment bonds by him owned, by the Supreme Court of Ohio, in his said suit, upon the surrender by him of the bonds and coupon's owned by him, referred to in his petition in such suit; and in default of such payment this court shall resume possession of the property covered and affected by the said lien of the defendant James Compton, and enforce such decree as it may render herein in his favor by á resale of such property or otherwise as this court may direct.
“And it is further ordered and adjudged, that notwithstanding the entry of this decree the said issues concerning the claim and interest of said Compton shall proceed to a final determination and decree in accordance with the rules and practice of this court, and any decree rendered thereupon shall bind the purchaser or purchasers , at any sale or sales had hereunder, and all persons and corporations deriving any title to or interest in the said property affected by such lien from or through them, or any of them, and nothing in this decree contained shall be construed as an adjudication of any matter or thing as against the said James Compton, or to prejudice, annul or abridge any right, claim or interest or lien which the said James Compton may have in, to or upon the premises hereby directed to be sold, or any part thereof, or in, to or upon any property whatsoever embraced in this decree; it being the' intention to hereby preserve the rights of said Compton in the relation in which he now stands towards the mortgagees parties hereto.
“Any sale, conveyance or assignment of the railway and property hereinabove described made under this . decree shall not have the effect of discharging any part of said property from the payment or contribution to the payment of claims or demands chargeable against the same, whether for costs and expenses, the expenses of the receivership of said property and the full payment of all the debts and liabilities of '.the receivers of the Wabash, St. Louis and Pacific Railway ■Company, namely, Solon Humphreys and Thomas E. Tutt, 'Thomas M. Cooley and General John McNulta, or upon intervening claims and allowances that have been or may here.after be charged against the property of the Wabash, St. Louis and Pacific Railway Company or any part thereof, or said receivers or either of them, or the adjustment of any equities arising out of the same between the parties thereto, ■or their successors, either by this court or by .the Circuit •Court of the United States for the Eastern District of Missouri, or by any United States Circuit Court exercising either original or. ancillary jurisdiction over said property of the Wabash, St. Louis and Pacific Railway Company, or any .part thereof, or by any United States Circuit Court to which any of the parties in the consolidated cause of the ■Central Trust Company of New York and others against the Wabash, St. Louis and Pacific Railway Company and others in the Circuit Court of the United States for the Eastern District of Missouri, including the receivers, have been by said Circuit Court of the United States remitted in proceedings or actions ancillary to the jurisdiction of said last-named court or otherwise.
“Nor shall any such sale, conveyance, transfer or assignment made under and pursuant to this decree withdraw any of said railroad property or interests to be sold under this decree as hereinbefore directed from the jurisdiction of this and the other courts aforesaid, but the same shall remain in the custody of the receiver until such' time as the court shall on motion direct said property in whole or from time to time in part to be released to the purchaser or purchasers thereof or any of them, and shall afterwards be subject to be retaken, and, if necessary, resold if the sum so charged or to be charged against said property or any part thereof, or said receivers-.shall not be paid within a reasonable time after being required by order of this or said other courts.
“ The conveyance and transfer of said property sold under this decree shall be subject to the powers and jurisdiction of the said courts, and the purchasers of the property .sold under this decree or any part thereof, and the parties hereto or their successors, shall thereby become and remain subject to said jurisdiction of said courts so far as necessary to the enforcement of this provision of this decree, and such jurisdiction shall continue until all the claims and demands have been or may be allowed against said property of the Wabash, St. Louis aúd Pacific Railway Company or any part thereof, or said receivers, by order of said courts, shall be fully paid and discharged.
“The provision aforesaid shall apply to the purchasers of the same under this decree, and all persons taking said property through or under them, but the foregoing provisions shall not nor shall any reservation of this decree contained have the effect or be construed, nor are they or any of them intended, to give to any claims that may exist any validity, character or status superior to what they now have, nor to decide or imply that any such claims exist.
“ The effect of said provisions and reservations shall be to prevent this decree operating as an additional defence to claims, if any there are, prior in right to the liens of the mortgages upon said property heretofore and hereby foreclosed, and to preserve the prior right and lien of such claims and all allowances if found and decreed to exist.”
The masters reported the making of the sale in accordance with the decree, and the sale was confirmed May 18, 1889. On June 18 an order requiring the masters to exécute a deed and to deliver possession was made. This order recited that the purchasers had on deposit a large number of the bonds under all the mortgages, giving the exact amount of each, and then proceeded:
“ And it further appearing that the said purchasers, by their said petition, offer to deposit at such time and in such amounts as the court may direct, cash sufficient to pay the expenses that the court may require to be paid, and to pay such sums on first-mortgage bonds and funded-debt bonds not deposited in said trust company as the court may direct to be paid in cash, and, as security for such payment, to deposit all or any part of the bonds held by said trust company as the court may direct, and to substitute cash for bonds at such time and in such amounts as the court may require, and further, to hold the said purchased property subject to be retaken by the court in the event any cash payments directed by the court shall not be made in pursuance of the court’s direction.
“ The court thereupon, having duly considered the premises, does order, adjudge and decree that the prayer of said petition be granted; that the said purchasers shall forthwith transfer to the said special masters, Bluford Wilson and A. J. Ricks, the bonds deposited with the Central Trust Company of New York, and hereinbefore mentioned, to be held and disposed of by said special masters as the court may direct. Notwithstanding such transfers of said bonds to said masters, said purchasing committee shall pay all such sums as may be required from them in carrying out their purchase, and in case of their failure to comply with any orders of the court with respect thereto, the court may retake the property, and all of it conveyed by said deed, and annul the title of the purchasing committee with respect thereto, and hold the same for further disposition and as security for the rights of the bondholders under the various mortgages foreclosed. Upon such transfer the said special masters shall forthwith make, execute and deliver to said purchaser a deed or deeds, conveying to them or their assigns all and singular the railways, premises and property described in and covered by the said several mortgages foreclosed and sold as aforesaid under the decree in this cause, and all the right, title, interest and estate of all the parties in said cause, of, in and to the same and each and every part thereof, except as particularly reserved in and by said decree of foreclosure and sale, by a good and sufficient deed therefor.”
Then followed an order to deliver possession, closing with these words: “This order is made subject in all respects to the provisions of said decree of March 23, 1889.”
On August 1Y, 1889, the court ordered “that the issues presented i-n this cause as to the lien and claim of James Compton, made by the various pleadings herein,, upon and concerning said claim and lien, and reserved in the .former decree herein, saving the rights of said Compton, be and' the same are hereby referred to Bluford Wilson,” etc.
The special master reported that Compton’s lien was a. valid one, and that he was entitled by the saving clause of the decree to have the Ohio division resold if the purchaser did not pay off his bonds, principal and interest in full. The court below sustained the master in holding Compton’s lien valid, but decided, as already stated, that his only remedy was to redeem the four divisional mortgages, two in Ohio and two in Indiana. Compton’s counsel filed affidavits at the final hearing below to show that their client was deterred from bidding by their advice that the saving clause in the decree made it unnecessary for him thus to protect his claim, because if his lien was held to be valid the purchaser was required to pay it off or let the property go to a resale, and that but for his reliance on the saving clause Compton could easily and safely have made a bid high enough to secure the payment of his claim from the proceeds of sale.
The facts on wThich turned the issue as to whether the divisional mortgages were a first lien on the Toledo terminals were as follows:
The first Ohio company was the Toledo and Illinois Bail-road Company. ' Its charter of incorporation, dated April 20, 1853, provided for building a railroad from the city of Toledo through the counties of Lucas, Henry, Fulton, Defiance and Paulding, or parts of said counties, to the west boundary line of the State of Ohio, in the township of Harrison, in Paulding County. On September 8, 1853, it made- a mortgage (known as the first Ohio mortgage) to the Farmers’ • Loan and Trust Company, to secure an issue of bonds amounting to nine hundred thousand dollars. The property covered by that mortgage was described as follows,'viz.:
“ Their road made and to be made, including the right of Avay and the land occupied thereby, together with the superstructure and tracks thereon, and all rails and other materials and machinery used thereon or procured therefor, including the furniture and equipments of the road and those to be purchased or paid for with the above-described bonds, and the bridges, viaducts, culverts, fences, depot grounds and buildings erected or to be erected thereon, and all franchises, rights or privileges of the said party of the first part of, in, to or concerning the same.”
The habendum clause is: “ To have and to hold the said premises and every part thereof, wfith the appurtenances unto the same party of the second part.”
In June, 1856, the Toledo and Illinois Railroad Company entered into an agreement of consolidation with the Lake Erie, Wabash and St. Louis Railroad Company, and the Toledo, Wabash and Western Railroad Company was thereby formed. That agreement provided that “All mortgages given by either.of the parties shall be as valid and binding upon the whole of the road, real estate, fixtures and personal property which may be described in such mortgage as though the same had been originally executed by such consolidated corporation.”
The Toledo, Wabash and Western Railroad Company made a mortgage which was subsequently foreclosed. By the decree of sale the purchaser of the Ohio part, Boody, took subject to the first mortgage. Boody conveyed the Ohio division to a new Ohio corporation, organized with power to construct, maintain and operate a road from Toledo to the Indiana state line, and called the Toledo and Wabash Railroad Company. This company, on October 12, 1858, gave a bond to Edwin D. Morgan, trustee, for $900,000, and secured it by mortgage of its railroad, made and to be made; all right of way and all lands occupied thereby, together with the superstructure, depots, depot grounds and buildings erected thereon, and the rails, tracks, side tracks, bridges, fences, viaducts, culverts, rights, privileges, franchises and accessions of the party of the first part, together wfith all its rolling stock, machinery, furniture and equipments of its said road now and hereafter to be acquired, being the same property described in the deed of Matthew Johnson, marshal and commissioner, to A. Boody, Esq., and dated October 8, 1858, and by A. Boody conveyed to the party of the first part.
The habendum clause was “ To have and to hold. the premises and every part and parcel thereof, and all its increase, accessions and incidents unto the' said Morgan and his successors,” etc.
The condition of the mortgage and bond'was that the Toledo and Wabash Bailroad Company would pay the $900,000 of bonds issued by the Toledo and Illinois Kailroad Company and secured by the ■ first mortgage. The mortgage recites that it is executed for the benefit of the bondholders under the first mortgage. On October 15, 1858, the Toledo and Wabash Kailroad Company gave a second mortgage to E. D. Morgan, trustee, for $1,000,000, in which the description of the property conveyed is the same as above, as is also the habendum clause.. The true intent and meaning of this mortgage is declared to be as follows:
First. That this mortgage attaches to the property above described as subject to and subordinate to said bonds of the Toledo and Illinois Kailroad Company, or said issue of nine hundred thousand dollars, whether evidenced by said bond of the party of the first part, made to Edwin D. Morgan, trustee, etc.
Second. That the party of the first part, or any railroad company into which it may become a component part by consolidation, shall be chargeable with said sum of nine hundred thousand dollars, as a prior lien and incumbrance to any other debt thereon.
The Toledo and Wabash Kailroad Company of Ohio, soon after executing the foregoing mortgages, entered into articles of consolidation with the Wabash and Western Kail way Company, an Indiana corporation, thereby forming the Toledo and Wabash Kail way Company. It was provided in that agreement that all mortgages given by either of the parties “ shall be as valid and binding upon the whole of the road, real estate, fixtures and personal property which may be described in such mortgage as though the same had been originally executed by such consolidated corporation.”
This company took possession of the property and operated it. Later it acquired certain terminal property in Toledo. It issued the equipment, bonds. It made no mortgage at any time.
In 1865 the Toledo and Wabash Railway Company and various Illinois companies entered into an agreement of consolidation, whereby the Toledo, Wabash and Western Railway Company was formed. It was this agreement which created the lien in favor of the equipment bonds which was adjudicated in Compton’s suit.
Another issue raised by the bill and cross-bills and Compton’s answers was the effect of a decree of the United States Circuit Court of Indiana denying the existence of a lien in favor of equipment bonds of the same issue as those held by Compton, upon the Ohio decree in Compton’s favor. It was contended by complainant below that Compton was a party to the Indiana decree, and was thereby estopped to plead the Ohio decree. The master and the. court' below decided in Compton’s favor on this point. The facts in respect to this issue were as follows: In 1878 one Tysen brought suit on behalf of himself and such other owners of equipment bonds of this issue as might desire to come into said suit and contribute to the expense thereof, to establish that the bonds entitled their owners to a lien on the part of the Wabash main line extending from Toledo to the Illinois state line. The cause was removed to the Federal Circuit Court and resulted in a decree sustaining the lien. Wabash, St. Louis & Pacific Railway v. Ham, 114 U. S. 587; S. C. below, Tysen v. Wabash Railway, 15 Fed. Rep. 763. It was appealed to the Supreme Court of the United States, the decree of -the lower court was reversed and the bill of complaint was dismissed. To this action Compton never became a party. When he began his suit the Indiana action had been discontinued. It. was subsequently revived, however, and then for the first time a lien was asserted under the consolidation statutes. Compton’s counsel did file a brief in the Supreme Court, but he paid no part of the expense of the suit.
In 1880, pending the suit in the Indiana court, but prior to the rendition of the Indiana decree, Compton began a suit in the common pleas court of Lucas County to establish and enforce a lien on the railroad extending from Toledo to the Illinois state line by virtue of his ownership of $150,000 of the par value of these equipment bonds. Compton made parties to this suit all the railway companies succeeding the Toledo and Wabash Railway Company (which issued the equipment bonds) in the ownership of the property and» all the .mortgagees, whose mortgages were executed, after the issuance of the bonds, except the Central Trust'Company, and Cheney,, trustees, who took their mortgage pending the appeal from the common pleas decree. Neither the Farmers’ Loan and Trust Company nor .E. D. Morgan, trustees of the underlying Ohio divisional mortgages, were parties.
In March, 1882, the common pleas court entered a decree sustaining the lien claimed, and ordered a sale of' the part of the railroad in Ohio to pay the amount of the bonds found due, subject to the prior lien of the mortgages of the Farmers’ Loan and Trust Company and E. D. Morgan, trustee on the same property. The cause was appealed to the District Court of the proper judicial district and by that court reserved for decision to the.Supreme Court of the State, which in 1888 sustained the. rulings of the common pleas • court," Compton v. Railway Co., 45 Ohio St. 592, found that the amount due on Compton’s bonds was $339,920.40 with interest from May 1, 1888, and that this amount was a lien on the railroad in Ohio and Indiana, and ordered that on default in the payment of the amount due after ten days the Ohio part of the road should be sold to enforce the lien.
The finding and action of the Supreme Court of Ohio sufficiently appeared from the fifth and sixth paragraphs of its decree as follows:
“ That upon the .consummation of' such consolidation, said bonds issued as aforesaid by the Toledo and Wabash Railway Company, known as equipment bonds, and all moneys, due and to grow due thereon, and among them such of said bonds as are now owned, as aforesaid, by the plaintiff, arid the moneys due "and to grow due thereon, became an equitable lien upon all of the said railroad and real property and the structures thereupon, and the fixtures and appurtenances thereto appertaining, which were owned by said Toledo and Wabash Railway Company at the time of said consolidation, and which through said consolidation passed to -and vested in the said Toledo, Wabash and Western Railway Company, and which afterwards passed to and vested in the defendant, the Wabash, St. Louis and Pacific Railway Company, which last-named company was, at the time of the commencement of this suit, in possession of the same, being all of its railroad and property connected therewith, commencing in the city of Toledo in the State of Ohio and extending therefrom through the counties of Lucas, Henry, Fulton, Defiance and Paulding in said State, and through the counties of Allen, Huntington, Wabash, Miami, Cass, Carroll, Tippecanoe, Fountain and Warren in the State of Indiana, to and terminating at a point in the west line of State Line City in said last-named county, and that said bonds are now a lien on such railroad and property, and the plaintiff is entitled to enforce the same. That the said lien of said bonds is prior and superior to the rights, interests, estates, claims and liens of the defendants in this action and each of them, in and upon said railroad and property upon which said lien is hereby declared, and is prior and superior to the rights, interests, estates, claims and liens of all persons and corporations who have derived any such rights, estates, claims and liens from, by or through the said defendants, or any of them, since the commencement of this action or otherwise; but as to all that part of said railroad and property which is situate within the State' of Ohio, such lien is inferior and subject, but inferior and subject only to the two mortgages mentioned in the petition herein, one of which was executed by the Toledo and Illinois Railroad Company to the Farmers’ Loan and Trust Company on the eighth day of September, 1853, for the security of the bonds of that company, amounting to $900,000, due as extended August 1, 1890, and bearing interest at the rate of seven per cent per annum, payable semi-annually on the first day of February' and August in each year, and the other of which was executed by the Toledo and Wabash Railroad Company to Edwin D. Morgan, trustee, on the fifth day of October, 1858, for the security-of the bonds of that company, amounting to $1,000,000, due on the first of November, 1878, and bearing interest at the rate of seven per cent per annum, payable semi-annually on the first day of May and November in each year.
“ 6. That the said defendants or any of them pay to said plaintiff the said sum of $339,820.40 now due on said bonds owned by the plaintiff as aforesaid within ten days from the entry of this decree, and if default shall be made in such payment that an order of sale issue for the sale as upon execution at law of all said railroad and real property, together with the structures thereupon, and the fixtures and appurtenances thereto appertaining, upon which the lien of said bonds, known as equipment bonds, is hereby declared to exist, which is situated in the State of Ohio and the jurisdiction of this court, subject, however, but subject only to the lien of the two mortgages hereinbefore mentioned as executed by the Toledo and Illinois Railroad Company to the Farmers’ Loan and Trust Company and the Toledo and Wabash Railroad Company to Edwin I). Morgan, and to the indebtedness secured by each of said mortgages, and that from the proceeds of such sale the costs of this action as taxed be paid, and the residue of such proceeds be brought into court to abide its further order herein on the footing of this decree. That before offering the property, hereby directed to be sold, for sale, the officer conducting the same shall cause the same to be appraised according to law by three disinterested freeholders of either or any of the counties in which'the same is situated, and such appraisal shall be of the value of said property subject to the- incumbrance and lien of the two mortgages hereinbefore mentioned, as executed, respectively, by the Toledo and Illinois Railroad Company and the Toledo and Wabash Railroad Company, subject t© which it is directed to be sold and over and above the lien of such mortgages according to the amount of the indebtedness secured thereby, as the same shall be ascertained by the officer conducting such sale, with interest computed to the time of the sale.”
Aftór this case had 'been appealed to this court and before the hearing, a motion was made by appellees to dismiss the appeal or affirm the decree of the court below on the ground that since the rendition of the decree herein a decree had been rendered in the United States Circuit Court for Indiana on the same cause of action limiting Compton’s remedy to a redemption of the four senior mortgages, two in Ohio and t.wo in Indiana, and no appeal had been taken from that decree — and the record of the Indiana suit was filed to establish ground for the motion. The record shows that the Indiana decree was exactly like that from which this appeal was taken, and contained the same provision in respect to Compton’s lien requiring him to redeem the Ohio and Indiana divisions by payment of the amount due on both the Ohio and the Indiana divisional mortgages, with interest within ten days, and in default of such payment he should be taxed with the costs of all the matters in connection with his intervention.
“ Because the court find difficulty in reaching a- conclusion with reference to the following questions, it is ordered that upon the foregoing statement of facts the following three questions, concerning which this court requests the instruction of the Supreme Court of the United States for its proper decision, be certified to that court in accordance with section six of the act to establish Circuit Courts of Appeals, approved March 3, 1891. The said questions are: .
“ First. Had Compton the right under the saving clause of the decree for sale to a decree for the redemption of the Ohio division only ?
“ Second. In fixing the amount to be paid in redemption, is he entitled to have the principal and interest of the mortgages to be redeemed reduced by the net earnings received by the purchaser ?
“Third. Is the decree of the Circuit Court of the United States for the District of Indiana between the same parties and unappealed from res judicata upon the foregoing questions in this court %
“It is further ordered, for the convenience of the Supreme Court of the United States, that the opinions of Judge Taft and Judge Lurton in this cause be also certified to the Supreme Court of the United, States.
“ It is also further ordered, that all proceedings of the cause be stayed until the instructions of the Supreme Court upon ' these questions shall be received by this court.”
Mr. Attorney General Harmon and Mr. John G. Milburn for appellant. Mr. John H. Doyle was on their brief.
Mr. Rush Taggart and Mr. Henry Crawford for appellees.
Mr. Justice Shiras,
after stating the case, delivered the opinion of the court.
When by virtue of the decrees of. foreclosure in the several Circuit Courts of Ohio, Indiana and Illinois, entered March 23, 1889, the entire line in the_ three States was, on May 15, 1889, sold as a unit to the purchasing committee, and- when that committee organized a new company, called “The Wabash Railroad Company,” to which, on August 1, 1889, was conveyed the entire line so purchased, it would seem that all questions and disputes pending between the several mortgage trustees were settled and arranged upon the terms fixed by that decree. At all events, no appeal appears to have been taken by any party except Compton.
What are Compton’s rights under the saving clause of the decree for sale; whether he is entitled, in case of a sale or redemption, to have the principal and interest of the prior mortgages reduced by the net earnings received by the purchaser since the sale, and. what effect is to be given to the decree of the Circuit Court of the United States for the District of Indiana, are the questions certified to us by the Circuit Court of Appeals. It is true that the form in which the first question is put in the certificate would seem to go on the assumption that Compton’s only right is to redeem, and that the disputable matter is whether the redemption is to cover as well the Indiana as the Ohio division. In the view, however, that we take of the subject, we prefer to read the certificate as propounding the question of the real meaning and effect of the decree of sale as affecting Compton’s rights, and to thus enable the Circuit Court of Appeals to finally determine the controversy. It is, indeed, contended in the appellees’ brief that this court is precluded, by the form of the question, from going back of the decree of the Circuit Court, requiring Compton to redeem, but the Circuit Court of Appeals has certified to us for our consideration, in connection with the questions propounded, the entire decree of the Circuit Court, a full statement of the history of the whole case, and copies of the opinions of the Circuit Judges, in which are fully discussed the various questions that arise under the appeal to the Circuit Court of Appeals; among others the very question whether Compton’s right is or is not a right to have a resale. And this alleged right of Compton is considered at length, in every aspect, in the briefs of the respective counsel.
It may be well to have before us the very language of that portion of the decree which we are asked to construe:
“ And the defendant James Compton, having in open court, on the final hearing herein, objected to the rendering or entry of any decree in this cause at this-time, on the ground that the issue raised by the amendment to the complainant’s amended and supplementary ancillary bill and to the cross-bill of the cross-complainants, Solon Humphreys and Daniel A. Lindley, trustees, and the answers of the defendant, James Compton, to be filed herein, have not been tried and determined, the court overrules such objection, and the defendant,-Jamás Compton, duly excepts to such ruling and the entry of this decree. But it is adjudged and decreed in the premises that the rendering and entry of this decree in advance of the trial and determination of such issues is upon and subject to the following conditions, to wit:
“If, upon the determination of such issues, it shall be adjudged by this court that the decree rendered by the Supreme Court of the State of Ohio, in the suit brought by said James Compton against the Wabash, St. Louis and Pacific Railway Company and others, referred to in the pleading herein, and the lien thereby declared and adjudicated- in- his favor, continue in full force arid effect, then the purchaser or purchasers, at any sale or sales hereunder of that portion of the property sold, covered and affected by said lien, or the successors in title of said purchaser or purchasers, shall pay to-the said James Compton or his solicitors herein, within ten days after the entry of the decree herein in favor of said James Compton, the sum of three hundred and thirty-nine thousand nine hundred and twenty dollars and forty cents, with interest thereon at six per cent per annum from May 1, 1888, being the amount found due on the equipment bonds by him owned, by the Supreme Court of Ohio in his said suit, upon the surrender by him of the bonds and coupons owned by him, -referred to in his petition in this suit; and in default of such payment this court shall resume possession of the property covered and affected by the said lien of the defendant James Compton, and enforce such decree as it may render herein in his favor-by a resale of such property or otherwise as this court may direct.
“And it is further ordered and adjudged that, notwithstanding the entry of this decree, the said issues concerning the claim and interest of said Compton shall proceed to a final determination and decree in accordance with the rules and practice of this court, and any decree rendered thereupon shall bind the purchaser or nurchasers at any sale or sales had hereunder, -and all persons and corporations deriving any title or interest in said property affected by such lien, from or through them or any of them, and nothing in this decree com tained shall be construed as-an adjudication of any matter or thing as against the said James Compton, or to prejudice, annul or abridge any right, claim or interest, or lien which the said James Compton may have in, to or upon the premises hereby directed to be sold, or any part thereof, or in, to or upon any property whatsoever embraced in this decree; it being the Intention to -hereby preserve the rights of said Compton in the relation in which he now stands towards the mortgagees parties hereto.”
The masters reported the making of the sale in accordance with the decrees, which sale was confirmed May 18,1889, and on June 18 an order requiring the masters to execute a deed and to deliver possession was made. On August 17,1889, the court ordered “ that the issues presented in this cause as to the lien and claim of James Compton, made by the various pleadings herein upon and concerning said claim and lien, and reserved in the former decree herein saving the rights of said Compton, be and the same are' hereby referred to Bluford Wilson as special master,” etc.
The special master reported that Compton’s lien was a valid one, and that he was entitled by the saving clause of the decree to have the Ohio division resold if the purchaser did hot pay off his bonds, principal and interest, in full. The Circuit Court sustained the master in holding Compton’s lien valid, but decided that his only remedy was to redeem the four ■divisional mortgages, two in Ohio and two in Indiana. In refusing Compton a right to a resale of the Ohio property, and in restricting him to á redemption of the Ohio and Indiana divisions in favor of the divisional mortgages thereon, we think the Circuit Court- erred.
The language of that court was as follows:
“There is nothing in the reservations of the decree of March 23, 1889, which requires the court to order a resale of the property covered by Compton’s equitable lien. That lien was in fact discharged by the foreclosure of the four mortgages ahead of it, which foreclosure Compton had no right to interfere with or delay. The reservations in the decree of sale were not intended to and cannot affect the purchaser’s title acquired under those mortgages. We cannot properly, therefore, direct a resale without disregarding the prior right of said mortgagees and of the purchasers who have succeeded thereto. ■ If we had the discretion to do so, it should not be exercised in his favor, for it does not appear- that any larger sum could be obtained on a resale; it is not shown that it sold for an inadequate price, and Compton offers no guaranty or security that a resale will bring a larger amount and realize a surplus to whiph he would be entitled. It is not proper for the court to order resales as a matter of experiment, and thereby cast clouds upon the title of the purchasers or present owner. As stated by the Supreme Court in Robinson v. Iron Mountain Railway, 135 U. S. 522, his failure to offer to redeem is evidence that he does not think the property was worth more than it brought at the sale. Besides he was as free to bid at the sale already made as he would be upon a. resale. Under such circumstances we give full effect to his equitable lien by allowing him to redeem the property upon the terms indicated.”
We think that these observations show a plain oversight or disregard by the learned court of the terms and obvious meaning of the decree of March 28,1889. When the terms of that decree were fixed, all parties to be affected thereby agreed to the same. The issues raised by the pleadings as to Compton’s claim were still pending and undetermined. It was evidently the wish and the interest of all the other parties to have the sale effected at once, and, in order to avoid the further delay that would be occasioned by awaiting the determination of those issues, the provisions or reservations in Compton’s favor were put in the decree.
Substantially those provisions were that the entry of the decree of sale should not foreclose Compton’s claim, but that the issues. concerning it should be inquired into and determined ; “ that if upon the determination of such issues it shall be adjudged by the court that the decree rendered by the Supreme Court of Ohio, in the suit brought by said James Compton, referred to in the pleadings herein, and the lien thereby declared and adjudicated in his favor, continues in full, force and effect, then the purchaser or purchasers at any sale or sales had hereundér of that portion of the property sold, covered or affected by said lien,' or the successors in the title of said purchaser or purchasers, shall pay to said James Compton or his solicitors herein, within ten days after the entry of the decree herein in favor of said James Compton, the sum of three hundred and thirty-nine thousand nine hundred and twenty dollars, with interest at six per cent per annum from May 1, 1888, . . . and in default of such payment this court should resume possession of the property covered and affected by the said lien of the defendant James Compton, and enforce such decree as it may render herein in his favor by a resale of such property or otherwise as this court may direct.”
When the report of the special' master finding the issues in Compton’s favor, that his lien was a valid one, and that he was entitled to have the Ohio division resold if the purchaser did not pay off his bonds as provided in the decree, was sustained by the court so far as the validity of Compton’s lien was concerned, we do'not think it was open for the court, consistently with the terras of the decree of March 23, 1889, to deprive Compton of the rights and remedies therein conferred. The various questions and equities arising out of the dates of the mortgages, etc., which are discussed by the court, were all waived and removed from .consideration, so far as Compton was concerned,, by the express provisions of the decree. It is suggested that because it was said that the decree in Compton’s favor should be enforced by a resale of the property or otherwise as the court might direct, that thereby it was intended that the court should have as full power to determine and regulate Compton’s rights and remedies as if the reservations in the decree had never been made. This we think a strained and unnatural interpretation to put'upon the phrase mentioned. We do not understand it as intended to enable, the court to disregard its decree of March 23, but rather as a provision in Compton’s favor — as, for instance — that the court might empower Compton to take possession of the property covered by his lien, instead of resorting to a sale.
When the Circuit Court speaks of a resale as inequitably affecting the rights of the prior mortgagees and of the purchasers who have .succeeded thereto, it is evident that the court overlooked those provisions of the decree which, in express terms, subjected such purchasers to Compton’s rights to a resale, if they do not choose to pay him the sum awarded by the decree. So, when the court says that Compton could as .well have been a bidder at the sale as at a resale if one be ordered, it omits to notice that when the sale took place under the decree Compton’s claim was still undetermined, but that provision had been made for him in the event that his claim was held valid. He could not safely bid because he could not foresee whether his claim would be allowed, and the arrangement made relieved him, very properly, from the perplexity to which he would have been subjected if the sale had been unconditionally made, when the fate of his claim was still uncertain.
It was well said by Mr. Chief Justice Waite, speaking for this court in Fosdick v. Schall, 99 U. S. 252, that “ railroad mortgages . . . are peculiar in their character and affect peculiar interests. The amounts involved are generally large, and the rights of the parties oftentimes complicated and conflicting. It rarely happens that a foreclosure is carried through to the end without some concessions by some parties from their strict legal rights, in order to secure advantages that could not otherwise be attained, and which it is supposed will operate for the general good of all who are interested. This results almost as a matter of necessity from the peculiar circumstances which surround such litigation.”
The decree of March 23, 1889, under which the sale was made and confirmed on May 18, 1889, was, in all essential respects, the final decree in the case, the questions reserved being merely incidental to carrying the decree into full effect. That portion of said decree which established Compton’s rights was in its nature final; the only matter which was kept in reserve as respects Compton was the awaiting the determination of the validity and amount of his claim by the report of the special master. And it may well be doubted whether it was ■competent for the Circuit Court at a subsequent term to disturb the rights of Compton defined and adjudicated at a previous term in the final decree of sale. In several particulars the case of Central Trust Co. v. Grant Locomotive Works, 135 U. S. 207, would seem to be applicable. That was a case like the present one, of several suits brought to foreclose mortgages in two or more of the Circuit Courts of the United States having jurisdiction over distinct railroads which had been consolidated. Two such suits were, brought in the Circuit Court for the Southern District of Ohio, and a receiver was appointed. While the proceedings were pending the Grant Locomotive Works intervened by petition in both suits, and set up claims arising out of the use by the receiver of certain locomotive engines belonging to the intervenor. Upon a hearing and on the 22d day of December, 1883, of the October term, orders were entered in each of said causes in favor of the intervening petitioner, by which the receiver was ordered to pay certain considerable sums to the Grant Locomotive Company by way of rent and purchase money of the engines, and further declaring that the said several amounts with interest thereon should be a charge upon the earnings, income and all. the property of the, Toledo, Cincinnati and St. Louis Railroad Company (the consolidated company), and especially of the Ohio division, prior to the first mortgage or other bonded debt of said railroad or of said division thereof, and that any balance of said several amounts remaining unpaid at the date of the foreclosure and sale of said railroad or division should be a first.lien thereon, and the said sale should be made subject thereto. On March 7, 1884, the same being one of the days of the February term, these orders were suspended by an order of the court, the petitioner objecting. On March 15, 1884, the' Central Trust Company, complainant, filed an answer to the intervening petition, and also a petition for a rehearing and review of the orders of December 22,1883, which it further asked should be annulled and set aside.
On April 10 of the April term, 1884, the court ordered and decreed that the said decrees of December 22, 1883, be set aside and annulled. In June, 1884, the two Ohio divisions of the railroad were sold, and the sales were confirmed by an order made July 9, 1884. The decrees for sale contained provision for the payment into the court by the purchasers' at these sales of certain amounts of cash, and also provided that the decrees of confirmation of the sale should be subject to the terms and provisions of the decrees of sale- theretofore made; and the court reserved the right to resell said railroad property upon failure by the purchasers to comply with such terms and provisions.
On the 8th day of February,. 1887, the Grant Locomotive Works and B. S. Grant severally filed petitions in said causes, setting forth the matters hereinbefore detailed, and alleging that the orders of April 10, 1884, purporting to annul the decrees of December 22, 1883, were void, and that those decrees were still in force. The Central Trust Company answered, and the purchasers of the Ohio divisions demurred; and on June 11, 1887, the court adjudged and decreed that the order of April 10, 1884, be set aside, and that the said orders of December 22, 1883, be restored. January 28, 1889, on motion of the intervening creditors that the purchasers of the railroad property be required to pay into the registry of the court, for the use of the intervenors, the amounts due under the decrees, and that in default thereof the said railroad property be resold for the benefit of the intervenors, decrees so prayed for were entered over the objections of the Central Trust Company and of the purchasers. The court also refused to entertain bills of review on the part of the Central Trust' Company and of the purchasers, seeking to have said orders of December 22, 1883, reconsidered.
From these orders and decrees an appeal was taken on the part of the Central Trust Company and the purchasers to this court, where the action of the Circuit Court was approved, and it was held that if the decree of sale in a suit for foreclosing a railroad mortgage provides that the purchaser shall pay down a certain sum in cash when the sale is made and do certain other acts prescribed, the purchaser is bound by the decision of the court as to such other claims, and has no appealable interest therein; that a decree, in a suit for foreclosing a railroad mortgage, that the claim by an intervening creditor of an interest in certain locomotives in the' possession of the receiver and in use on the road was just and entitled to priority over the debt secured by the mortgage, is a final decree upon a matter distinct from the general subject of the litigation, and it cannot be vacated by the court of its own motion after the expiration of the term at which it was granted.
In the opinion in this case, Swann v. Wright's Executor, 110 U. S. 590, was cited. There Swann had purchased a railroad under a decree which provided that the sale should be subject to the liens already established, or which might be established on references then pending, as prior and superior to the lien of the mortgage, and the claim of Wright was one of this class. It was pending before the master and reported on after the sale, when the purchaser applied to oppose its confirmation, and was not allowed to do so; and Swann after-' wards filed a bill to set aside Wright’s claim for fraud in its inception, which bill was dismissed, and the dismissal was on appeal 'affirmed on the ground that the property was purchased expressly subject to all established claim or claims which might be established on references then pending, which included Wright’s, and it was decided that as- neither the purchaser nor his grantee proposed to surrender the property to be resold for the benefit of those concerned, such purchaser had no standing in court for the purpose of relitigating the liens expressly subject to which he bought and took title.
The apprehensions expressed in their brief by the learned counsel of the appellees, that because of the absence of the other holders of the equipment bonds, the purchasers or their successor, the Wabash Railroad Company, may yet be subjected to' their claims, are without foundation. It would seem that- their claims were disposed of by the decree of this court in the case of Wabash, St. Louis & Pacific Railway v. Ham, 114 U. S. 587, where it was held that the property sold under the decree of foreclosure is not subject to any lien in favor of the holders of the equipment bonds. We think it quite plain that Compton is the only party having an interest in and a right to enforce the decree of the Ohio Supreme Court. The provision contained therein assessing the amount of his claim at the amount of the bonds held by him shows that the decree was intended to operate solely for his benefit, and the direction that the proceeds of sale should be brought into court, to. abide its further order on the footing of the decree, is the order usually made when a sale is made by an officer appointed by the court. Such a sale might result in a sum. in excess of Compton’s claim, and, in such, event, there would be room for a further order of the court.
This view of the import of the decree of March 23, 1889, relieves us from a consideration of the difficult questions that would arise if Compton were compelled to proceed by way of redemption. Those questions are discussed with learning and ability in the respective opinions of the Circuit Judges, furnished us in connection with the certificate, and also in the elaborate briefs of the appellees’ counsel. Compton v. Wabash Railroad, 31 U. S. App. 486.
But, as we have already.said, all parties who have had the benefit of the decree of sale are precluded from going back of it, and from now raising questions that might otherwise have arisen. Not only were those who were parties to the proceedings in the Ohio court bound by the decree, therein reached, that Compton had a right to sell the Ohio line in satisfaction of his lien, but the Ohio divisional mortgagees who were not parties to that decree, but who procured, or, at least, have acquiesced in, the. decree of March 23, 1889, and have participated in the benefits of the early sale thus secured, have no right now to object' to the enforcement of Compton’s lien in the manner pointed out in the decree. The Stephen Morgan, 94 U. S. 599; Mount Pleasant v. Beckwith, 100 U. S. 514.
No objections were taken by any of the parties to the decree of sale of March, 1889, either for' want of parties or for any other reason. Indeed, it was plainly a conventional decree. Any inconvenience that would be occasioned by a resale of a portion of the entire line can be avoided by complying with the decree and making payment accordingly. If the Wabash Eailroad Company be regarded simply as an outside purchaser, it cannot be heard to object to the terms of the decree of sale. If, what is apparently its real character, it be regarded as a company formed by an arrangement between the parties controlling the sale, it has even less right to disregard the rights of Compton as stipulated for in the decree.
The next question put is whether Compton is. entitled to have the prior mortgages on the' Ohio division reduced by the net earnings received by the purchasers since the receivers turned over possession of the road to them.
If the Wabash Railroad Company, as the successor of the purchaser at the sale, is to be regarded as the Ohio mortgagees in possession, it is liable to account for the rents and profits ¡or net earnings of the mortgaged property. Such, certainly, is the general rule when property is redeemed, either by the mortgagor or by a junior incumbrancer having a right to redeem, and we see no reason why that rule should not be applied in a case like the present. Jones on Mortgages, 5th ed. vol. 2, § 114.
But we think the better view is that the Wabash Company should be regarded as a party in possession under the express terms of the order -of sale, and as representing all parties in interest, including Compton; and hence cannot claim to be an absolute purchaser of the rights of a mortgagor not subject to account for rents and profits. In that point of view there is a trust relation, which involves an accounting until Compton is disposed of.
Whether the decree of the Circuit Court of the United States for the District of Indiana between the same parties and unappealed from, and which, while recognizing Compton’s lien, declares his remedy to be a redemption of the railroad in Indiana and Ohio, estops Compton from enforcing his lien or claim against the Ohio division only, is the third question put to us.
This question should be answered in the negative, and, indeed, is covered by the view which we take of the real nature of Compton’s remedy, as entitling him to a saíe of the Ohio division if his debt should not be paid by the purchaser under the decree of sale. Compton’s claim, in its present status, consists of the decree of the Ohio state court in his individual favor, fixing the amount of his debt, and decreeing-a sale of the Ohio property, and of the decree of sale of the Circuit Court of the United States affirming the decree of the Ohio court as to the validity and amount of the claim, and providing that if it should not be paid by the purchaser, Compton should have a right to a sale of the Ohio road or to some equivalent remedy.
Upon the theory of the mortgagees themselves, the suits in the Circuit Courts of Ohio and Indiana were two distinct proceedings, having in view the sale of two distinct portions of the road, and while the decree of the Circuit Court of the Indiana district.may restrict Compton from proceeding in that court and district, so as to affect property in Indiana, except on the terms of that decree, such decree cannot, as- we view it, be used by the purchaser to affect or defeat Compton’s rights in the Circuit Court of the United States for the Ohio district. This contention overlooks the distinction between Compton as one of a class of bondholders and Compton recognized in the decree as the owner of a final judgment or decree of the state court of Ohio.
Upon the whole, wre answer the questions propounded thus:
1st. That the decree of sale of March 23, 1889, confers upon Compton, in event that his claim shall not be paid by the purchaser, the right to a decree of resale of the propert/y situated in Ohio and covered, and affected by his lien.
2d. That, in event of such sale, and in applying the proceeds thereof, Compton will be entitled to an account of the net earnings of the Ohio division over and above all operating expenses, taxes paid and cash paid, if any, i/n redemption of receiver’s certificates and other expenses properly chargeable against the Ohio division, which net earnings should be deducted from the amount due on the two prior mortgages on said division.
3 d. That the decree rendered in the Circuit Court of the United States for Indiana is not res judicata upon the foregoing questions.
Let it be so certified. | CASELAW |
Robbie Hood
Robbie Hood is an atmospheric scientist who studies hurricanes. She was lead scientist for the Convection and Moisture Experiment at NASA and Director of the Unmanned Aircraft Systems (UAS) division of the National Oceanic and Atmospheric Administration.
Early life and education
Hood grew up in Neosho, Missouri and Picayune, Mississippi, where in 1969 she witnessed the devastation of Hurricane Camille and in 1974 the Neosho tornado, sparking a lifelong interest in storms. She earned a BS degree in atmospheric science from the University of Missouri at Columbia and an MS degree in physical meteorology from Florida State University.
Research
Hood joined the Marshall Space Flight Center (MSFC) in 1986, ultimately leading a team of scientists and engineers to develop passive microwave instrumentation sensors deployed on aircraft to observe precipitation and oceanic winds for the NASA Convection And Moisture Experiment. The team studied events in or near Australia, Brazil, Alaska, the Marshall Islands, Costa Rica and the coastal regions of the United States. Her team also collaborated with lightning researchers at MSFC to simultaneously observe electric field information from the aircraft. Hood was a mission scientist in three NASA research experiments studying hurricane genesis, intensity, precipitation, and landfalling impacts. In 1999, she was the NASA Lead DC-8 Aircraft Scientist for the KWAJalein EXperiment and the NASA ER-2 Aircraft Scientist for the Tropical Rainfall Measuring Mission - Large scale Biosphere- Atmosphere mission.
!n September 2008, Hood became the first permanent director of NOAA's Unmanned Aircraft Systems Program. She led the Sensing Hazards with Operational Unmanned Technology (SHOUT) program, using high-altitude drones to measure wind speed and other attributes within storms.
Native American heritage
Hood is a direct descendant of John Ross, the first elected chief of the Cherokee Nation, who served for nearly 40 years and led the Cherokees on the Trail of Tears. She has credited her Native American heritage for her appreciation of the beneficial contributions that diversity brings to all community sectors. She was keynote speaker for the NASA Awareness Days symposium held with the North Dakota Tribal Colleges in 2002. After retirement, she worked with the Choctaw nation in Oklahoma to develop a testing ground for unmanned aircraft systems with support from the Federal Aviation Administration. | WIKI |
Checkers Federation of Armenia
The Checkers Federation of Armenia (Հայաստանի շաշկի ֆեդերացիա), also known as the Armenian Draughts Federation, is the regulating body of checkers (also known as draughts) in Armenia, governed by the Armenian Olympic Committee. The headquarters of the federation is located in Yerevan.
History
The Checkers Federation of Armenia is currently led by president Albert Poghosyan. The Federation oversees the training of checkers specialists and organizes Armenia's participation in European and international draughts/checkers competitions. In November 2019, the Federation hosted the Checkers World Cup in Armenia. The Federation also organizes national tournaments and youth training/championships. The Federation is a full member of the World Draughts Federation, within the "European Division". | WIKI |
Sheffield, Ashton-under-Lyne and Manchester Railway
The Sheffield, Ashton-under-Lyne and Manchester Railway was an early British railway company which opened in stages between 1841 and 1845 between Sheffield and Manchester via Ashton-under-Lyne. The Peak District formed a formidable barrier, and the line's engineer constructed Woodhead Tunnel, over 3 mi long. The company amalgamated with the Sheffield and Lincolnshire Junction Railway and Great Grimsby and Sheffield Junction Railway companies, together forming the Manchester, Sheffield and Lincolnshire Railway in 1847.
In the twentieth century the line carried an exceptionally heavy freight traffic, and it was electrified in 1954; at that time a new Woodhead Tunnel was driven. In 1974 the major part of the route was closed to passenger trains, leaving passenger operation continuing only on the Manchester–Hadfield section, and in 1981 the line east of Hadfield closed completely. The Manchester–Hadfield–Glossop section and a branch to Stalybridge remain in use.
Origins
At the end of the 18th century, the need for improved transport links between Manchester and Sheffield, only 35 mi apart but separated by the upland Peak District, was increasing. The canal route involved a long northwards detour through the Pennines, and the journey took eight days.
In 1826 a land surveyor in Sheffield, Henry Sanderson, put forward a line to Manchester via Edale and a prospectus for a "Sheffield and Manchester Railway" was published in August 1830, with George Stephenson appointed to be the engineer.
There were concerns about the severity of the gradients on this line, which would involve rope-worked inclines. He suggested an alternative route, via Penistone, that would involve less tunnelling, and have gentler gradients which could be worked by locomotives, but this scheme too failed to attract support.
In 1835 Charles Vignoles was asked to examine another route, again via Woodhead and Penistone; and a new provisional company, the "Sheffield, Ashton-under-Lyne and Manchester Railway" was formed. This line could be worked by adhesion, and required only a 2 mi tunnel. Vignoles and Joseph Locke were asked to make independent surveys, and in October met to reconcile any differences, at which time they decided that a longer tunnel at a lower level would reduce the approach gradients involved.
After parliamentary expenses of £18,000, the line obtained its authorising Act of Parliament on 5 May 1837. The only opposition came from the Manchester and Birmingham Railway, with whom it was agreed that the line from Ardwick would be shared as it entered a joint station in Manchester at Store Street.
Construction and first opening
The first sod was cut near the western end of the Woodhead Tunnel site on 1 October 1838. The following year the line had been marked out, land purchase was proceeding well, and construction had begun with Thomas Brassey as contractor. However a number of shareholders were defaulting on their payments, and there were concerns about the cost of construction. The Woodhead Tunnel would be built as a single-track bore to reduce costs. The relationship between the board and its engineer, Vignoles, was becoming strained, and Vignoles resigned. Joseph Locke agreed to act as engineer in a consultative capacity only, if the board would appoint resident engineers for the day-to-day supervision of the work.
In 1841 Locke reported that construction of the tunnel would probably cost £207,000, about twice the original estimate. Considerable volumes of water were encountered in the headings and more powerful pumps were acquired. In late 1841 the line was ready as far as Godley Toll Bar, a distance of 8 mi, and the directors made an experimental trip over it on 11 November 1841. The Board of Trade inspecting officer, Sir Frederick Smith, passed the line as safe, and it was opened to the public on 17 November 1841. There was no opening ceremony, but each shareholder was sent a free ticket for travel on that day. The Manchester and Birmingham Railway's temporary station at Travis Street, Manchester, was used, pending the readiness of the Store Street terminal. The route was single track throughout as an economy measure, at first without any intermediate passing places. It shared the final approach from Ardwick to Travis Street with the M&BR trains, on the M&BR track. Nearly 40% of gross passenger receipts were payable to the M&BR for the use of the short section of their line. Goods traffic was developed much more slowly.
The arrangements for safe working at the junction seem to have been lax, and the Manchester Guardian observed that
"Some caution will be requisite here to prevent two trains... coming into contact at this point. This, of course, may be done by arranging the times, or by keeping the rails separate, which is indeed to be the case when the line is completed to the new Manchester station, but at the present, the proper precaution seems to be to stand a watchman there to keep a look-out on both lines, and see that when a train is arriving on one line, there is no train arriving on the other, or if there be, to make the signal to one of them to slacken speed."
Permanent way maintenance was put to contract.
Completion of the line, and a cancelled alliance
The M&BR and SA&MR opened the jointly-owned Store Street station in Manchester on 10 May 1842. The initial opening of a single line only proved impossibly constraining, and installation of double track was ordered early in 1842, together with construction on from Godley to Glossop. The line from Godley to Broadbottom was opened on 10 December 1842, and on to a "Glossop" station, later to be renamed Dinting, on 24 December 1842. There were six daily trains to Glossop supplemented by four to Newton & Hyde station. There were four to Glossop on Sundays. By November 1842 the stations were Manchester (Store Street), Ardwick, Gorton, Fairfield, Ashton, Dukinfield, Newton & Hyde, Broadbottom and Glossop. The Dukinfield station (called Dog Lane) was closed in 1845; another station, named simply Dog Lane was opened nearby in 1846, closing in 1847. There was also a Dukinfield station on the Stalybridge branch.
The main line was opened as far as Woodhead in 1844, with stations at Hadfield and Woodhead. Construction of Woodhead Tunnel was the next hurdle, but improved pumping machinery had been installed, enabling better progress.
Alliances and extensions of the network were in the minds of the directors. Encouragement was offered to a proposed Sheffield and Lincolnshire Junction Railway, to run from the SA&MR at Sheffield to Gainsborough. At the same time (1844) friendly relations with the Manchester and Birmingham Railway were further developed, and at length this led to a proposal by the M&BR with the Midland Railway to lease the SA&MR, giving those companies better access to Manchester. This seemed to be going well, and an authorising Act was passed, but the proposal was voted down in May 1845 by shareholders, who were persuaded that their line would be merely a remote satellite of the Midland Railway.
A branch line was being built from Ashton to Stalybridge. However disaster took place: on 19 April 1845 a nine-arch viaduct under construction collapsed: 17 workmen were killed.
On 9 June 1845 a short single line branch to Glossop was opened; powers were obtained in the 1846 parliamentary session to take it over from the Duke of Norfolk, who had caused it to be built. The branch joined the main line facing Manchester some distance to the east of the original Glossop station, now renamed Dinting.
The (unconnected) eastern section of the main line was opened on 14 July 1845; there were stations at Dunford Bridge, Penistone, Wortley, Deepcar, Oughty Bridge, Wadsley Bridge and a Sheffield station at Bridgehouses.
Finally on 22 December 1845 Woodhead Tunnel was ready and a ceremonial opening of the entire line, including the Stalybridge branch, took place; the following day it opened to the general public. The tunnel was at the time the longest in the country, at 3 mi. Two extra stations were added at the site of previous coal sidings at Oxspring and at Thurgoland.
Besides Woodhead, there were short tunnels at Audenshaw Road, Hattersley (two), Thurgoland and Bridgehouses. Among the bridges the two most notable were the Etherow Viaduct and the Dinting Viaduct, the latter with five central and eleven approach arches.
The completed network consisted of 40 mi of main line, 2+1/4 mi on the Stalybridge branch and 1 mi on the Glossop branch.
1845: Expansion
The state of the money market considerably improved in 1844–45, and the Railway Mania took hold. The directors of the SA&MR saw that expansion was the way forward for the company. On 15 April 1845 a shareholders' meeting approved the submission of bills for the Manchester South Junction and Altrincham Railway, which would connect the line to the Liverpool and Manchester Railway, and the Barnsley Junction Railway, which would run from near Penistone to Barnsley and connect with the North Midland Railway at Royston. The Sheffield and Lincolnshire Junction Railway, from Sheffield to Gainsborough, was already approved. Supplementing this list were proposals for lines from Wortley through Thorncliffe to Chapeltown, and from Dukinfield to New Mills and on to a junction with the Buxton line of the Manchester and Birmingham Railway. The Barnsley Junction Railway might be extended to Pontefract, and exploratory meetings were opened with the promoters of a Boston, Newark and Sheffield Railway, and of a Hull and Barnsley Junction Railway. Not all of these lines were later authorised.
Of greatest significance was a meeting on 5 September 1845 between the SA&MR, the promoters of the Sheffield and Lincolnshire Junction Railway, and the Great Grimsby and Sheffield Junction Railway; the Grimsby Docks Company was included. The outcome was agreement to amalgamate the three concerns, forming a single railway connecting Manchester to Grimsby on the North Sea coast. The idea was developed and approved by Parliament on 27 July 1846, to be effective on 1 January 1847. The combined company would be named the Manchester, Sheffield and Lincolnshire Railway.
Part of the Manchester, Sheffield and Lincolnshire Railway
On the first day of existence of the new company, a 1/2 mi connecting line from Bridgehouses station to the Sheffield station of the Midland Railway. It had originally been opened as the terminus of the Sheffield and Rotherham Railway; it was known as Sheffield Wicker station from 1852. The short steeply graded line was enclosed within a tunnel for almost its entire length, and was known locally as the Fiery Jack. It was used for wagon transfer purposes.
The through line required a better Sheffield station: a station was built, and opened on 15 September 1851, and named Victoria station.
An express passenger train service was run from Manchester to London, from 1857, in association with the Great Northern Railway. A timing of 5 hours 20 minutes was operated, the same time as on the rival London and North Western Railway (successor of the Manchester & Birmingham Railway), although that company soon accelerated its services to a speed that the MS&LR and GNR service could not match. For a time there was bitter hostility from the LNWR with some underhand tactics employed by it to discourage use of the rival service.
Woodhead Tunnel
There were a number of viaducts on the original line, although few survived into the 20th century in their original form. The principal engineering feature was Woodhead Tunnel. At 3 mi in length it was the longest tunnel in the United Kingdom when built, and still the longest on the LNER system in 1947. It was originally planned to build a double-track tunnel, but to economise a single-track bore was made. The track rose at 1 in 201 towards the east.
No less than 157 tons of gunpowder were used for blasting and eight million tons of water were pumped out, whilst the total quantity of excavation was 272685 cuyd, about half of this being drawn up the shafts. It was completed at a cost in the region of £200,000. The formal opening of the Woodhead tunnel and of the whole line between Manchester and Sheffield took place on 22 December 1845, more than seven years after the first ground had been broken.
Special precautions were taken to ensure against accidents during operation through the tunnel. An SA&MR pilot engine was stationed at the tunnel and attached to the front of every train that passed through. On the front of the engine was fixed an argand lamp, with a large polished metal disc for reflection, so that a powerful beam of light was thrown forward on the track ahead. A contemporary newspaper account also stated that "Cooke & Wheatstone's patent magnetic telegraph was being fixed in the tunnel with an index, etc., at the stations at each end, capable of being worked by the station clerks."
The single line through the Woodhead tunnel soon proved to be an acute bottleneck and in 1847 (after the formation of the Manchester, Sheffield and Lincolnshire Railway) work upon a second bore was begun. This new tunnel, which was to accommodate the up road (towards Manchester), was driven alongside the original one, it opened on 2 February 1852.
After the Manchester, Sheffield and Lincolnshire
The Manchester, Sheffield and Lincolnshire Railway was renamed the Great Central Railway on 1 August 1897.
In 1923 most of the main line railways of Great Britain were "grouped" in to one or other of four new large companies. The Great Central Railway was a constituent of the new London and North Eastern Railway.
In 1936 the LNER approved a scheme for electrifying the whole line from Manchester via Sheffield to Darnall, together with the branches from Guide Bridge to Ashton-under-Lyne, from Dinting to Glossop and from Penistone to Wombwell and Wath Central – a total of 74 mi. The system chosen was 1,500 V DC with overhead wires. All freight as well as passenger traffic was to be hauled by electric traction. For many years about 80 trains travelled through the tunnel each way, each day, of which 90% were loaded or empty coal workings and ventilation was a major problem. The decision to electrify was made as much to increase line capacity as any other consideration. Electrification work was well in hand before the advent of war in 1939 stopped it. In 1946–47 each bore of Woodhead Tunnel in turn was closed for 9 months for major repairs. However, following the nationalisation of railways in 1948, it was decided to close them permanently and bore a new double-track tunnel alongside, with enough clearance for the overhead electrification catenary. The new tunnel was 3 mi long. It was opened by the Minister of Transport on 3 June 1954. The two old tunnels were later sealed off, and they were later purchased by the Central Electricity Generating Board to carry power cables through the Pennines.
On 5 January 1970 the passenger service between Manchester Piccadilly and Sheffield Victoria over the Woodhead route was withdrawn; the electric commuter service from Manchester to Glossop and Hadfield continued in operation. Freight trains were withdrawn on the Woodhead route on 18 July 1981 and the line between Hadfield and Penistone was then closed completely. The line between Penistone and Sheffield remained in use by diesel Sheffield–Huddersfield trains, but with all intermediate stations including Sheffield Victoria having closed, trains had to reverse at Nunnery Junction to enter Sheffield Midland station. On 13 May 1983 these trains were diverted via Barnsley and the ex-Midland route; the track between Penistone and Deepcar was lifted, however the line from Deepcar to Nunnery Junction remains, single track, to serve the Fox steelworks.
On 10 December 1984, Manchester to Glossop and Hadfield electric trains started running at 25 kV AC (the same system as used on the West Coast Main Line which it adjoined) following conversion from the old 1500 V DC system. The system continues in use at the present day. The Stalybridge branch remains in use by local and express trains from Manchester Piccadilly to Huddersfield and Leeds.
Main line
* Manchester Store Street (or "Bank Top"); opened jointly with the Manchester and Birmingham Railway 10 May 1842; named Manchester London Road from 1844; renamed Manchester Piccadilly 12 September 1960; still open;
* Travis Street; temporary terminus opened by the M&BR 4 June 1840; served by SA&MR trains from 17 November 1841; closed 10 May 1842;
* Ardwick; opened 20 November 1842; still open;
* Ashburys; opened July 1855; still open;
* Gorton; opened 23 May 1842; still open;
* Fairfield; opened 17 November 1841; re-sited to the east 2 May 1892; still open;
* Ashton & Hooley Hill; opened 17 November 1841; renamed Guide Bridge 1845; still open;
* Dukinfield (Dog Lane); opened 17 November 1841; closed 23 December 1845; reopened nearby as Dog Lane 1 May 1846; closed 1 November 1847;
* (Flowery Field; opened 13 May 1985; still open;)
* Newton; opened 17 November 1841; Newton for Hyde from 1848; still open;
* Godley Toll Bar; opened 17 November 1841 as temporary terminus; closed 11 December 1842;
* Godley Junction; opened 1 February 1866; renamed Godley 6 May 1974; renamed Godley East 7 July 1986; closed after last train on 27 May 1995;
* (Godley; opened 7 July 1986; still open;)
* Broadbottom; opened 11 December 1842; renamed Mottram 1845; Mottram & Broadbottom 1 July 1884; Broadbottom for Charlesworth 1 January 1954; Broadbottom 1955; still open;
* Glossop; opened 25 December 1842; renamed Dinting 9 June 1845; closed 1 February 1847; see next;
* Glossop Junction; opened 9 June 1845; renamed Dinting February 1847; renamed Glossop & Dinting 10 July 1922; renamed Dinting 26 September 1938; still open;
* Hadfield; opened 8 August 1844; renamed Hadfield & Tintwistle between 1862–63 and 1880–81; Hadfield for Hollingworth 12 October 1903; Hadfield from 1955;
* Crowden; opened 1 July 1861; closed 4 February 1957;
* Woodhead; opened 8 August 1844; closed 27 July 1964;
* Dunford Bridge; opened 14 July 1845; closed 5 January 1970;
* Hazlehead Bridge; opened 1 May 1846; closed 1 November 1847; reopened January 1849; closed 6 March 1950;
* Penistone; opened 14 July 1845; relocated at junction with the L&YR 1 February 1874; still open;
* Oxspring; opened 5 December 1845; closed 1 November 1847;
* Thurgoland; probably opened soon after 5 December 1845; closed 1 November 1847;
* Wortley; opened 14 July 1845; closed 2 May 1955;
* Deepcar; opened 14 July 1845; closed 15 June 1959;
* Oughtibridge or Oughty Bridge opened 14 July 1845; closed 15 June 1959;
* Wadsley Bridge; opened 14 July 1845; closed 15 June 1959;
* Neepsend; opened 1 July 1888; closed 28 October 1940;
* Sheffield (Bridgehouses); opened 14 July 1845; closed 15 September 1851 (when Sheffield Victoria station was opened by the amalgamated MS&LR).
Stalybridge branch
* Guide Bridge (as above);
* Dukinfield; opened 23 December 1845; resited to south west March 1863; renamed Dukinfield Central 1954; closed 4 May 1959;
* Park Parade or Ashton Park Parade; opened 23 December 1845; closed 5 November 1956;
* Stalybridge; opened 23 December 1845; junction with LNWR from 1848; still open.
Glossop branch
* Dinting (as above);
* Glossop; opened 1 July 1845; renamed Glossop Central 10 July 1922; renamed Glossop 6 May 1974; still open.
Chairman
* James Stuart-Wortley, 1st Baron Wharncliffe 1837–1840
* John Parker MP 1840–1846
* John Chapman 1846
Deputy Chairman
* William Sidebottom 1837–1843
* John Chapman 1843–1846 (then Chairman)
Secretary
* Thomas Asline Ward 1837–1838
* Charles Thompson 1838–1841
* John Platford 1841–1845
* James Meadows 1846
Engineer-in-Chief
* Charles Blacker Vignoles 1838–1839
* Joseph Locke 1840–1846
* Alfred Stanistreet Lee 1846
Resident Engineer
* Alfred Stanistreet Lee 1840–1846
* John Bass 1846 | WIKI |
Two-Phase Orthodontics
Two-phase orthodontic treatment is a very specialized process that encompasses jaw and facial changes and tooth straightening. The major advantage of two-phase treatment is to maximize the opportunity to accomplish the ideal healthy, functional, aesthetic and comfortable result that will remain stable. In some cases, interceptive treatment prevents adult tooth extractions or major jaw surgery.
Interceptive orthodontic care is one of the most rewarding treatment options that we offer to our patients. Interceptive care is exactly that, intercepting a problem before it gets out of hand. Treatment occurs at a younger age than conventional orthodontic care and is not typically as long. The idea is to shift teeth, manipulate growth, create space for unerupted teeth, break habits and prevent trauma before it is too late. Children between the ages of 7 and 10 are best suited for this sort of treatment. They are flexible, compliant and their growth potential is still at a maximum. Treatment usually lasts 4 to 12 months after which the child is monitored and the decision as to the need for a second phase is made. Most children will require a second, more comprehensive, phase of treatment in order to create a completely stable, functional and aesthetic occlusion.
Second phase treatment begins once most of the adult teeth have erupted. This phase usually requires 12 months with braces on all of the teeth. After the second phase of treatment retainers will be worn in order to hold the teeth in the correct position. | ESSENTIALAI-STEM |
samsungsIIIjellybean Samsung Galaxy S3 is one of the most popular devices in the entire world at this moment. As soon as an update gets released somewhere in the world, everybody will want it, but not all will get it at the same time. What's the difference between Android 4.1.2 XXELK4 and XXLEKC? First of all, both XXELK4 and XXELKC are version of Android 4.1.2 meant for the Galaxy S3. XXELK4 is actually a leak firmware, that was released on the internet at the middle of November. The XXELKC is actually the official update that Samsung pushed in Poland at the beginning of December via OTA and Kies. The reason why Samsung lets such leaks escape on the internet is to test them. Actually leaked firmware are also called test firmwares. Because what better way to test a firmware then to give it to the public and let them play with it. Of course, XXELK4 firmware had bugs. There were reported issues with the Wifi not working, Bluetooth not working, GPS not working and some other minor bugs. Also the test firmware doesn't always run as fast as an original firmware. When version XXELKC was released a week ago, the first thing people wanted to see was if the bugs were fixed. And how do you know, everybody who installed the update was incredibly pleased with it. It seems that all the bugs were fixed and that Android 4.1.2 is running incredibly smooth on the Galaxy S3. The conclusion is that a leak firmware, in this case XXELK4, is just a temporary option if you want to update your device. AN official update is always better and in this case, XXELKC is beating all the expectations. Most users are saying that this is the best update ever for their device, from far the best performance is got with this firmware.
What's my model number?
There are several ways to locate your model number:
Option 1
On your device, go to Settings, then "About device" and scroll down to "Model number"
Option 2
Often times you can view the model number inside the device, by removing the battery
Option 3
Using Samsung's model/serial number location tool
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Category:British charity and campaign group workers
Leading figures in the 'Third Sector' of the United Kingdom, such as charity and think tank chief executives. | WIKI |
Port Huron Museum
The Port Huron Museum is a series of five museums located in Port Huron, Michigan, United States. It includes the Cutter Bramble, the Carnegie Center, Huron Lightship, Thomas Edison Depot Museum, and Fort Gratiot Lighthouse. The museum was founded in 1967. | WIKI |
How To Import Images From A Camera To A MacBook, iMac, MacBook Air
Camera To A MacBook iMac MacBook Air – This blog post goes over How To Import Images From A Camera To A MacBook, iMac, MacBook Air In 30 Seconds. There is two ways to do this that are very simple and accessible within your Mac computer applications.
The First Way Is Using Image Capture Within Your Applications Folder:
1. Open your Applications folder and find “Image Capture”
2. Connect your camera by USB or bluetooth
3. Once connected it will pop-up within the the Device tab in Image Capture
4. Then select the folder at the bottom where you’d like to import images
5. Now select which images you want to import and click Import in the right corner
The Second Way Is Going Back To Your Applications Folder And Selecting The App Called “Photos”:
1. Open the Photos app
2. Connect device via USB or bluetooth
3. Once connect it will pop up under your camera name
4. Then you can select the photos you’d like to import
5. Make sure to import the images to a folder you can find them after
Another Way: How To Import Images From A Camera To A Macbook, Imac, Macbook Air
To import images from a camera to a MacBook, iMac, or MacBook Air, you can use the following steps:
1. Connect your camera to your Mac using a USB cable.
2. Turn on your camera and make sure it is set to “PC” or “Mass Storage” mode.
3. On your Mac, the Photos app should automatically open and display a message that photos are being imported.
4. If Photos does not open, you can also import your photos using Image Capture, which is a pre-installed app on your Mac.
5. Select your camera from the list of devices in the left column of Image Capture and select the photos you want to import.
6. Click the “Import” or “Import All” button to import the selected photos to your Mac’s hard drive.
7. The imported photos will be saved in the Photos app or a designated folder, depending on your settings in Image Capture.
Here is a video to help you as well:
Hope this has helped you to import images from a camera to a MacBook, iMac, or MacBook Air. Thanks for viewing have a great rest of your day!
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Sébastien Van Aerschot
Sébastien Van Aerschot (born 2 April 1986) is a Belgian football player who plays as a central defender for RFC Tilleur SG.
Career
He has formerly played for UR Namur and Charleroi in the Belgian First Division. | WIKI |
User:Ugh82
ugh82 is the nickname of Dimitris Moutsatsos a programmer, analyst, weirdo.
More info at moutsatsos.gr | WIKI |
Title
Biomimetic Dp44mT-nanoparticles selectively induce apoptosis in Cu-loaded glioblastoma resulting in potent growth inhibition
Publication Name
Biomaterials
Abstract
Selective targeting of elevated copper (Cu) in cancer cells by chelators to induce tumor-toxic reactive oxygen species (ROS) may be a promising approach in the treatment of glioblastoma multiforme (GBM). Previously, the Cu chelator di-2-pyridylketone-4,4-dimethyl-3-thiosemicarbazone (Dp44mT) attracted much interest due to its potent anti-tumor activity mediated by the formation of a highly redox-active Cu-Dp44mT complex. However, its translational potential was limited by the development of toxicity in murine models of cancer reflecting poor selectivity. Here, we overcame the limitations of Dp44mT by incorporating it in new biomimetic nanoparticles (NPs) optimized for GBM therapy. Biomimetic design elements enhancing selectivity included angiopeptide-2 functionalized red blood cell membrane (Ang-M) camouflaging of the NPs carrier. Co-loading Dp44mT with regadenoson (Reg), that transiently opens the blood-brain-barrier (BBB), yielded biomimetic Ang-MNPs@(Dp44mT/Reg) NPs that actively targeted and traversed the BBB delivering Dp44mT specifically to GBM cells. To further improve selectivity, we innovatively pre-loaded GBM tumors with Cu. Oral dosing of U87MG-Luc tumor bearing mice with diacetyl-bis(4-methylthiosemicarbazonato)-copperII (Cu(II)-ATSM), significantly enhanced Cu-level in GBM tumor. Subsequent treatment of mice bearing Cu-enriched orthotopic U87MG-Luc GBM with Ang-MNPs@(Dp44mT/Reg) substantially prevented orthotopic GBM growth and led to maximal increases in median survival time. These results highlighted the importance of both angiopeptide-2 functionalization and tumor Cu-loading required for greater selective cytotoxicity. Targeting Ang-MNPs@(Dp44mT/Reg) NPs also down-regulated antiapoptotic Bcl-2, but up-regulated pro-apoptotic Bax and cleaved-caspase-3, demonstrating the involvement of the apoptotic pathway in GBM suppression. Notably, Ang-MNPs@(Dp44mT/Reg) showed negligible systemic drug toxicity in mice, further indicating therapeutic potential that could be adapted for other central nervous system disorders.
Open Access Status
This publication is not available as open access
Volume
289
Article Number
121760
Funding Number
GNT1166024
Funding Sponsor
National Health and Medical Research Council
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Master/Slave Databasing
With multidb.MasterSlaveRouter all read queries will go to a slave database; all inserts, updates, and deletes will do to the default database.
First, define SLAVE_DATABASES in your settings. It should be a list of database aliases that can be found in DATABASES:
DATABASES = {
'default': {...},
'shadow-1': {...},
'shadow-2': {...},
}
SLAVE_DATABASES = ['shadow-1', 'shadow-2']
Then put multidb.MasterSlaveRouter into DATABASE_ROUTERS:
DATABASE_ROUTERS = ('multidb.MasterSlaveRouter',)
The slave databases will be chosen in round-robin fashion.
If you want to get a connection to a slave in your app, use multidb.get_slave():
from django.db import connections
import multidb
connection = connections[multidb.get_slave()]
class multidb.MasterSlaveRouter
Router that sends all reads to a slave, all writes to default.
allow_relation(obj1, obj2, **hints)
Allow all relations, so FK validation stays quiet.
allow_syncdb(db, model)
Only allow syncdb on the master.
db_for_read(model, **hints)
Send reads to slaves in round-robin.
db_for_write(model, **hints)
Send all writes to the master.
multidb.get_slave()
Returns the alias of a slave database.
This Page | ESSENTIALAI-STEM |
Category:WikiProject Saskatchewan communities and neighbourhoods participants
This is the category of members of WikiProject Saskatchewan communities and neighbourhoods. | WIKI |
Talk:Amateur Sports Act of 1978
Untitled
For more dirt see also http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml.<IP_ADDRESS> (talk) 22:41, 13 November 2012 (UTC)
Also http://www.yarnharlot.ca/blog/archives/2012/06/21/now_that_you_ask.html. — Preceding unsigned comment added by <IP_ADDRESS> (talk) 22:47, 13 November 2012 (UTC)
Legal abuses by the USOC under the Act
This article should include mention of the many legal threats brought by the USOC against businesses in Western Washington which have the word "Olympic" in their name, even though that usage derives from the Olympic Mountains rather than the Olympic Games and even though the Act itself has a specific exemption for such businesses. <IP_ADDRESS> (talk) 23:32, 5 February 2010 (UTC)
http://seattletimes.nwsource.com/html/ronjuddsolympicsinsider/2010909904_no_tears_shed_here_over_usocs.html
* Here is the relevant section of the law -
* (d) PRE-EXISTING AND GEOGRAPHIC REFERENCE RIGHTS.—
* (1) A person who actually used the emblem described in subsection (a)(3) of this section, or the words or any combination of the words described in subsection (a)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.
* (2) A person who actually used, or whose assignor actually used, the words or any combination of the words described in subsection (a)(4) of this section, or a trademark, trade name, sign, symbol, or insignia described in subsection (c)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.
* (3) Use of the word “Olympic” to identify a business or goods or services is permitted by this section where—
* (A) such use is not combined with any of the intellectual properties referenced in subsections (a) or (c) of this section;
* (B) it is evident from the circumstances that such use of the word “Olympic” refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and
* (C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 23:37, 5 February 2010 (UTC)
External links modified
Hello fellow Wikipedians,
I have just modified 2 external links on Amateur Sports Act of 1978. Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
* Added archive https://web.archive.org/web/20050525010736/http://www.olympic.org/uk/index_uk.asp to http://www.olympic.org/uk/index_uk.asp
* Added archive https://web.archive.org/web/20080625103221/http://www.usoc.org/ to http://www.usoc.org/
Cheers.— InternetArchiveBot (Report bug) 09:15, 3 July 2017 (UTC) | WIKI |
Page:United States Statutes at Large Volume 118.djvu/2308
118 STAT. 2278 PUBLIC LAW 108–405—OCT. 30, 2004 violent crimes, and entering such DNA analyses in CODIS; and (C) increasing the capacity of forensic laboratories to conduct DNA analyses; (2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this title and title II are carried out; (3) the distribution of grant amounts under this title and title II among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program; (4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical per sonnel, victim service providers, and other personnel authorized under sections 303 and 304; (5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstra tion projects under section 305; (6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 306; (7) the use of funds by the Federal Bureau of Investigation under section 307; (8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to iden tify missing persons and unidentified human remains under section 308; (9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amend ments made by section 311; (10) State compliance with the requirements set forth in section 313; and (11) any other matters considered relevant by the Attorney General. TITLE IV—INNOCENCE PROTECTION ACT OF 2004 SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Innocence Protection Act of 2004’’. Subtitle A—Exonerating the Innocent Through DNA Testing SEC. 411. FEDERAL POST CONVICTION DNA TESTING. (a) FEDERAL CRIMINAL PROCEDURE.— (1) IN GENERAL.—Part II of title 18, United States Code, is amended by inserting after chapter 228 the following: 18 USC 3600 note. Innocence Protection Act of 2004.
� | WIKI |
Source: glewmx Priority: optional Section: libs Maintainer: Paul Wise Build-Depends: debhelper (>= 10), docbook-to-man, libgl1-mesa-dev | libgl-dev, libglu1-mesa-dev | libglu-dev, libx11-dev, libxi-dev, libxmu-dev Standards-Version: 4.1.0 Homepage: http://glew.sourceforge.net Package: libglewmx1.13 Architecture: any Multi-Arch: same Pre-Depends: ${misc:Pre-Depends} Depends: ${misc:Depends}, ${shlibs:Depends} Description: OpenGL Extension Wrangler (Multiple Rendering Contexts) For more information about GLEW please refer to the description of the libglewmx-dev package. . This package contains the runtime support files, built with GLEW_MX option, adding support for thread-safe usage of multiple rendering contexts. Package: libglewmx-dev Section: libdevel Architecture: any Multi-Arch: same Conflicts: libglew-dev, libglewmx1.6-dev Provides: libglewmx1.5-dev, libglewmx1.6-dev Depends: libglewmx1.13 (= ${binary:Version}), ${misc:Depends} Description: OpenGL Extension Wrangler MX - development environment The OpenGL Extension Wrangler, GLEW for short, is a library that handles initialization of OpenGL extensions in a portable and simple way. Once the program initializes the library and checks the availability of extensions, it can safely call the entry points defined by the extension. Currently GLEW supports almost all the extensions found in the OpenGL extension registry (https://www.opengl.org/registry). . This package contains the development libraries compiled with GLEW_MX. | ESSENTIALAI-STEM |
Talk:Mount Worthington
Elevation
OpenTopMap and crdb (formerly peakfinder) give the summit elevation of 2972 m. However, the CGDNB map shows Mt. Worthington on the 2920 contour line and OpenTopoMap shows the summit below the 2890 contour line so I'm not believing the 2972 value at this point. RedWolf (talk) 22:06, 11 January 2024 (UTC) | WIKI |
Page:The wealth of nations, volume 1.djvu/38
abeau wrote several works explaining the system, from one of which, "La Philosophie Rurale" (1763), we take the following: "The artisans who weave stuffs, the merchants who trade in them, the carriers who transport them, the tailors who make them into clothes, the lawyer who pleads a cause, the servant who attends him, all these people can consume only because of the recompense which is paid to them by those who employ them, or who buy their products. For their labor and their goods produce for them nothing beyond this recompense, which is itself an expense for those who pay. If this payment be traced to its source … it will be found to come solely from the earth, which alone produces all the commodities we use" (p. 15).
It is Turgot who gives perhaps the most complete and systematic exposition of the system of the economists or physiocrats. In his "Réflexions sur la formation et la Distribution des Richesses" (1766), he supplies a brief but fairly complete survey of the whole of the science of political economy, and begins, like Adam Smith, by showing the advantage and necessity of the division of labor and how from it results a systematic exchange of commodities.
"Every one attaching himself to a particular species of labor, succeeds much better therein. The husbandman draws from his field the greatest quantity it is able to produce, and procures for himself, with greater facility, all the other objects of his wants, by an exchange of his superflux than he could have done by his own labor. The shoemaker by making shoes for the husbandman, secures to himself a portion of the harvest of the latter. Every workman labors for the wants of the workmen of every other trade who, on their side, toil also for him" (§ 4).
He then goes on to show that the labor of the husband- | WIKI |
Take a bite out of dental bills
Baby boomers beware: A major retirement expense may be hiding in your mouth. A majority of those age 50 to 64 either believe that — or are unsure whether — a Medicare health insurance plan will cover routine dental care, according to a recent survey by advocacy group Oral Health America (OHA). (To download the study, click here.) The reality is that Medicare doesn't cover most routine dental care, such as cleanings and fillings; procedures, such as tooth extractions; or supplies, such as dentures, dental plates or other dental devices. "The issue dates back 50 years, to the origination of Medicare, when oral health was not included in that bill," said OHA president and CEO Beth Truett. "Now, with 10,000 people retiring a day, suddenly people began to say, 'Wait a minute, this is not what I expected.'" Truett said just 10 percent of seniors have dental care when they retire. So from cleanings to dentures, you are mostly on your own — and those expenses can really add up, taking a big bite out of your nest egg. So much so that many retirees are opting to avoid going to the dentist altogether, with 40 percent saying they haven't been to the dentist in the last year. "Without coverage, they're afraid of what they'll find," Truett said. Buying your own dental insurance is an option, and Truett points to United Concordia and United Health as two insurers who have been active in developing senior plans. Also, some Medicare Advantage managed-care plans offer dental benefits. (To find out more about costs and how to enroll, click here.) But a common criticism of plans like these is that they do not cover much of the expensive periodontal needs of seniors, such as implants, and there can be a cap on what's covered. The good news is, there are ways to save on your dental bills. Here are four strategies to help you drill down those costs. Knowing the price ahead of time can help you plan for how much money you'll need in retirement, as well as help you comparison-shop providers. Similar to a warehouse shopping club, you pay an annual membership fee to gain access to lower rates, which can be 10 percent to 60 percent less than if you go it alone. Just be sure to understand what types of procedures are covered before signing up. You can scour the American Dental Education Association's website at www.adea.org for a list of accredited dental schools across the country. | NEWS-MULTISOURCE |
Page:Rowland--The closing net.djvu/343
Rh An unholy light blazed from his fierce old face. "I knew it," he cried softly—"or, at least, I suspected it. For a while my suspicion rested on another man, but I discovered a few days ago that he was merely a political intrigant. So it had to be Maxeville! But the man had disappeared as though the earth had swallowed him up. How many do you think there are at this rendezvous?"
"Six or eight—ten, perhaps. Chu-Chu is the only one of whom I know anything personally or would recognise by sight."
"My men will know the others." He touched a bell, then, as the attendant entered, left the room to make his arrangements for himself. These did not take long and presently he returned.
"We will go out there immediately," said he. "I shall conduct this affair myself. There are reasons why I wish to have it managed as quietly as possible—political reasons, you understand. Even the Press will be instructed to be discreet. As for yourself, Monsieur Clamart, if the business turns out successfully you may be assured of my most distinguished consideration."
I thanked him, then asked how many men he was taking to capture the gang.
"I am taking six," he answered, "and they will go in plain clothes in two taxis. You and I will go in my own private car. You can designate the place, then wait for me in the car."
"Very well, monsieur," I answered, and wondered what he would think if he could guess at my own little scheme.
The Prefect was a good policeman and it didn't | WIKI |
TRPV6
From Wikipedia, the free encyclopedia
Jump to: navigation, search
TRPV6
Available structures
PDB Ortholog search: PDBe RCSB
Identifiers
Aliases TRPV6, ABP/ZF, CAT1, CATL, ECAC2, HSA277909, LP6728, ZFAB, transient receptor potential cation channel subfamily V member 6
External IDs OMIM: 606680 MGI: 1927259 HomoloGene: 56812 GeneCards: TRPV6
Gene location (Human)
Chromosome 7 (human)
Chr. Chromosome 7 (human)[1]
Chromosome 7 (human)
Genomic location for TRPV6
Genomic location for TRPV6
Band 7q34 Start 142,871,203 bp[1]
End 142,885,762 bp[1]
RNA expression pattern
PBB GE TRPV6 206827 s at fs.png
More reference expression data
Orthologs
Species Human Mouse
Entrez
Ensembl
UniProt
RefSeq (mRNA)
NM_018646
NM_014274
NM_022413
RefSeq (protein)
NP_061116
NP_071858
Location (UCSC) Chr 7: 142.87 – 142.89 Mb n/a
PubMed search [2] [3]
Wikidata
View/Edit Human View/Edit Mouse
TRPV6 is a membrane calcium channel which is particularly involved in the first step in calcium absorption in the intestine.
Nomenclature[edit]
When first discovered it was named CAT1,[4] or ECaC2.[5] The name TRPV6 was confirmed in 2005.[6]
TRPV6 is a member of the transient receptor potential (TRP) family of membrane proteins. Unlike most TRP channels, TRPV6 is selective for Ca2+ ions, a property shared with its close homologue, TRPV5, which is mainly expressed in the kidney and plays a role in renal Ca2+ reabsorption.[7]
Expression[edit]
TRPV6 expression has been described in the intestine in several species, including humans.[8] The protein is located in the apical brush-border membrane of the intestinal enterocyte where it regulates calcium entry into the cell. It is most abundant in the proximal small intestine (duodenum and jejunum), along with the other calcium transport proteins, calbindin and the calcium-pumping ATPase, PMCA1. The TRPV6 calcium transporter also found in the human placenta, pancreas and prostate gland and in some species in the kidney, where the related channel TRPV5 is strongly expressed.
Regulation of expression[edit]
Vitamin D[edit]
Expression of TRPV6 is vitamin D dependent in mice and humans. Its expression was greatly reduced in animals that do not express the vitamin D receptor.[9]
Vitamin D treatment of human colon cancer cells, Caco-2, increased expression of TRPV6 transcripts, and also stimulated the transport of calcium, probably through increased TRPV6 expression.[10] In human duodenal explants, TRPV6 transcript expression was increased 3-fold after 6h incubation with the active form of vitamin D, 1,25-dihydroxycholecalciferol.[11]
See also[edit]
References[edit]
1. ^ a b c ENSG00000165125 GRCh38: Ensembl release 89: ENSG00000276971, ENSG00000165125 - Ensembl, May 2017
2. ^ "Human PubMed Reference:".
3. ^ "Mouse PubMed Reference:".
4. ^ Peng JB, Chen XZ, Berger UV, Vassilev PM, Tsukaguchi H, Brown EM, Hediger MA (August 1999). "Molecular cloning and characterization of a channel-like transporter mediating intestinal calcium absorption". J. Biol. Chem. 274 (32): 22739–46. PMID 10428857. doi:10.1074/jbc.274.32.22739.
5. ^ Weber K, Erben RG, Rump A, Adamski J (December 2001). "Gene structure and regulation of the murine epithelial calcium channels ECaC1 and 2". Biochem. Biophys. Res. Commun. 289 (5): 1287–94. PMID 11741335. doi:10.1006/bbrc.2001.6121.
6. ^ Clapham DE, Julius D, Montell C, Schultz G (December 2005). "International Union of Pharmacology. XLIX. Nomenclature and structure-function relationships of transient receptor potential channels". Pharmacol. Rev. 57 (4): 427–50. PMID 16382100. doi:10.1124/pr.57.4.6.
7. ^ Peng JB, Brown EM, Hediger MA (September 2003). "Epithelial Ca2+ entry channels: transcellular Ca2+ transport and beyond". J. Physiol. 551 (Pt 3): 729–40. PMC 2343303Freely accessible. PMID 12869611. doi:10.1113/jphysiol.2003.043349.
8. ^ Barley NF, Howard A, O'Callaghan D, Legon S, Walters JR (February 2001). "Epithelial calcium transporter expression in human duodenum". Am. J. Physiol. Gastrointest. Liver Physiol. 280 (2): G285–90. PMID 11208552.
9. ^ Van Cromphaut SJ, Dewerchin M, Hoenderop JG, Stockmans I, Van Herck E, Kato S, Bindels RJ, Collen D, Carmeliet P, Bouillon R, Carmeliet G (November 2001). "Duodenal calcium absorption in vitamin D receptor-knockout mice: functional and molecular aspects". Proc. Natl. Acad. Sci. U.S.A. 98 (23): 13324–9. PMC 60869Freely accessible. PMID 11687634. doi:10.1073/pnas.231474698.
10. ^ Taparia S, Fleet JC, Peng JB, Wang XD, Wood RJ (June 2006). "1,25-Dihydroxyvitamin D and 25-hydroxyvitamin D--mediated regulation of TRPV6 (a putative epithelial calcium channel) mRNA expression in Caco-2 cells". Eur J Nutr. 45 (4): 196–204. PMID 16362534. doi:10.1007/s00394-005-0586-3.
11. ^ Balesaria S, Sangha S, Walters JR (December 2009). "Human duodenum responses to vitamin D metabolites of TRPV6 and other genes involved in calcium absorption". Am. J. Physiol. Gastrointest. Liver Physiol. 297 (6): G1193–7. PMC 2850091Freely accessible. PMID 19779013. doi:10.1152/ajpgi.00237.2009.
Further reading[edit]
• Heiner I, Eisfeld J, Lückhoff A (2004). "Role and regulation of TRP channels in neutrophil granulocytes.". Cell Calcium. 33 (5–6): 533–40. PMID 12765698. doi:10.1016/S0143-4160(03)00058-7.
• Clapham DE, Julius D, Montell C, Schultz G (2006). "International Union of Pharmacology. XLIX. Nomenclature and structure-function relationships of transient receptor potential channels". Pharmacol. Rev. 57 (4): 427–50. PMID 16382100. doi:10.1124/pr.57.4.6.
• Wissenbach U, Niemeyer BA (2007). "TRPV6". Handb Exp Pharmacol. Handbook of Experimental Pharmacology. 179 (179): 221–34. ISBN 978-3-540-34889-4. PMID 17217060. doi:10.1007/978-3-540-34891-7_13.
• Schoeber JP, Hoenderop JG, Bindels RJ (2007). "Concerted action of associated proteins in the regulation of TRPV5 and TRPV6". Biochem. Soc. Trans. 35 (Pt 1): 115–9. PMID 17233615. doi:10.1042/BST0350115.
External links[edit] | ESSENTIALAI-STEM |
What is a bus in a CPU
What is a bus system?
The totality of all connections for sending and receiving data between the individual components and devices (functional units) of a computer is referred to as a bus system. It is practically a complex system of miniature electronic conduction paths. This includes:
rigid conductor tracks on the circuit boards (main board, local bus) and
flexible lines between the hardware components (peripheral bus).
A so-called internal bus connects the CPU-internal elements, while the connections between the CPU and the other components of a computer are made by an external bus.
Local bus system
The hardware components belonging directly to the microprocessor are housed on the main board (motherboard). These functional units are electrically connected by a local bus system (Fig. 1).
1) As of Pentium, the coprocessor is part of the microprocessor at Intel.
Peripheral bus system:
The peripheral bus is also connected via an expansion interface. Even the interconnection in the network up to and including the Internet can be viewed as part of this peripheral bus system.
local and peripheral bus
In principle, all functional units connected to a bus system can send and receive information. In order to prevent different devices / components from sending data at the same time and to ensure that only the devices / components for which the currently transmitted data are intended are ready to receive, bus systems must be managed very precisely. This is usually done by the processor, often also by its own bus controller. This allocates fixed times for use to the functional units.
Which bus systems are used?
Two or more different, complementary bus systems can definitely be accommodated on a motherboard. This architecture is chosen for reasons of cost, for example. Various bus systems are used, including:
ISA and EISA bus:
The ISA bus (Industry Standard Architecture = bus according to industry standard architecture) and the EISA bus (Enhanced ISA = further development of the industry standard bus architecture) were the first bus industry standards.
The ISA bus introduced in 1981 was the bus standard for the first PCs. It was optimally matched to the 286 Intel processor. In its original version it was 8 bits wide and worked with a clock frequency of 4.77 MHz. Later it was expanded to 16 bit (and 8 MHz) for the AT PCs and then also referred to as the AT bus. It is still sometimes found in computers today when it comes to simple expansion cards, such as a sound card or a game port card.
The EISA bus for IBM-compatible systems, developed in 1988 by various hardware manufacturers under the leadership of Compaq, was overall much more powerful than the ISA bus. EISA slots are practically duplicated ISA slots and can therefore also accommodate ISA plug-in cards. The EISA bus also works with a bus width of 32 bits (for processors from 80386 upwards) and a clock frequency of 8.33 MHz. The EISA bus quickly lost its importance after 1993, as more powerful and at the same time cheaper new bus developments became established (VESA bus, PCI bus).
PCI bus:
The PCI bus (Peripheral Component Interconnect = connection bus for expansion components) has established itself. Today it is an integral part of all IBM-compatible systems, as well as that of Apple Macintosh PCs and Digital Alpha workstations. The bus system specially developed and introduced by Intel in 1992 for the Intel Pentium is an industrial standard that is standardized down to the last detail and can (and will) be copied by computer manufacturers. It is used to connect (maximum 10) expansion cards to the processor, e.g. B. sound, graphics or network cards.
The PCI bus has a 32-bit data and address bus, is clocked at 33 MHz and has a maximum transmission rate of 132 Mbytes / s.
The PC-BIOS (Basic Input Output System) automatically recognizes the expansion cards and configures them independently.
The data exchange in this bus system does not necessarily have to run via the microprocessor. To reduce the workload, PCI components can also exchange data with one another on the PCI bus.
AGP bus
Realistic graphics have always been a particular problem for computers. A new solution is offered by the AGP bus (Accelerated Graphics Port), a special graphics bus that is designed as an independent slot on the graphics card and is directly connected to the main memory and the processor via the chipset. This allows any size of RAM to be shared. There is no need for the CPU to access the graphics card; the data exchange takes place in the considerably faster main memory. This, the reservation of lines for the exclusive use of graphics, higher bus clocks (66MHz, 100 MHz and more with a data width of 32 bits), the use of the pipeline method and the dual use of signals through the rising and falling pulse edges are currently (at least theoretical) transfer rates of 1 GByte / s possible.
PCI-Express (PCIe):
PCIe is the successor to PCI and AGP and offers a higher data transfer rate compared to its predecessors. Graphics cards that require particularly high data transfer rates as well as other internal components such as sound cards, modems, etc. can be connected via PCIe. Usually there are several PCIe slots on a mainboard, which differ in the transmission speed. The graphics card is then plugged into the fastest PCIe slot.
Despite this very different physical structure, PCIe is fully compatible with PCI in terms of software, so that neither operating systems, drivers nor application programs have to be adapted.
| ESSENTIALAI-STEM |
On , I learnt ...
How to write Vimscript functions that operate on a visually selected area
I was trying to write a Vim function that would act on a visual selection but found it surprisingly difficult.
As an example, suppose we want to write a function that converts a visual selection to upper case and map it to the ,u key binding1. A first attempt might be:
function! MakeUpperCase() range
U " or `normal! U`
endfunction
" Define visual-mode mapping
xnoremap ,u call MakeUpperCase()<cr>
but hitting ,u in visual mode errors:
E464: Ambiguous use of user-defined command U
This is because the function body is executed in normal mode (which can be verified by checking the value of mode() in the function body).
So we need to reselect the visual area first using the < and > marks that are set when the function is called:
function! MakeUpperCase() range
normal! `<v`>U
endfunction
This works.
But suppose we want a function that upper cases the contents of the paragraph under the cursor. You might think this would work:
function! MakeCurrentParagraphUpperCase()
" Select current paragraph
normal! vip
call MakeUpperCase()
endfunction
" Define a normal-mode mapping
noremap ,p call MakeCurrentParagraphUpperCase()<cr>
But this fails as MakeUpperCase is being called in visual mode.
So we extend MakeUpperCase to check the value of mode() to determine the appropriate behaviour:
function! MakeUpperCase()
if mode() == "v"
normal! U
else
normal! `<v`>U
endif
endfunction
This works in both cases.
1. This is a contrived example as the U command command already does this. ↩︎ | ESSENTIALAI-STEM |
Taekwondo at the 1981 World Games
The World Games I taekwondo events in ten weight categories were held on July 29-31, 1981, at Toso Pavilion on the Santa Clara University campus. These were the first World Games, an international quadrennial multi-sport event, and were held in Santa Clara, California in the United States. The South Korean taekwondo athletes were favored to sweep the gold medals in all ten weight classes. The victory of a Canadian athlete in the heavyweight class was called "the biggest upset of World Games I."
Finweight
First round – Cesar Moran, Mexico, bye; Ki-moon Kwong, Korea, d. Emilio Azofra, Spain; Reinhard Langer, W. Germany, d. Kenny Couch, Australia; Aldo Codazzo, Italy, d. Yong-ho Park, Canada; Dae Sung Lee, U.S., d. Ching-sha Wang, Chinese Taipei.
Second round – Kwong d. Moran.
Final – Ki-moon Kwong d. Reinhard Langer, W. Germany; Dae Sung Lee, U.S., d. Aldo Codazzo, Italy. Gold, Kwong. Silver, Lee. Bronze, Langer and Codazzo.
Flyweight
First round – Rund Wong Fat, Netherlands, bye; Fernando Celada, Mexico, d. Chen-Chia Su, Chinese Taipei; Franco Banito, Spain, d. Anarjit Dosanjh, Canada; Salin Abel, Argentina, bye; Dominic Maelionico, Italy, d. Turgay Ertugral, W. Germany; Young Joon Kim, U.S., d. Tae Kim, Australia; Ki-mo Yang, Korea, bye.
Second round – Maelionico d. Abel; Yang d. Kim.
Final – Ki-mo Yang, Korea, d. Maelionico, Italy; Franco Banito, Spain, d. Fernando Celada, Mexico. Gold, Yang. Silver, Benito. Bronze, Maelionico and Celada.
Bantamweight
First round – Chung Sik Choi, U.S., bye; Dicostanzo Germia, Italy, d. Tony Gibbs, Australia; Bum-soo Chung, Korea, d. Alphonse Kraidy, Ivory Coast; Jesus Benito, Spain, d. Ming Hui Chang, Chinese Taipei; Serge Langlois, Canada, bye; Rodca Miguel, Argentina, d. Jimmy de Fretes, Netherlands; Oscar Aguilar, Mexico, d. John Henry, Malaysia; Michael Pizybyla, W. Germany, bye.
Second round – Germia d. Choi; Chung d. Benito; Langlois d. Miguel; Aguilar d. Pizybyla.
Final – Bum-soo Chung, Korea d. Dicostanzo Germia, Italy; Oscar Aguilar, Mexico d. Serge Langlois, Canada; Gold, Chung; Silver, Aguilar; Bronze, Germia and Langlois.
Featherweight
Final – Jun-kul Lee, Korea d. Juan Mangoni, Argentina; Jorge Garcia, Spain d. Raffaele Marchione, Italy. Gold, Lee; Silver, Garcia; Bronze, Mangoni and Marchione.
Lightweight
Final – Yung-kuk Kim, Korea d. Kone Sowleymane, Ivory Coast; Alphonse Qahhaar, USA d. Luige Sienore, Italy. Gold, Kim; Silver, Qahhaar, USA; Bronze, Sowleymane and Sienore.
Welterweight
First round – Paul Rusca, Argentina, bye; Harald Scharmann, West Germany d. Chien-hsueh Wang, Chinese Taipei; Marcel Delph, Canada d. Wong Siow Pang, Malaysia; Ruben Rhijs, Netherlands d. Michael O'Malley, USA; Michael Eddy, Australia, bye; Jeong-kuk Kim, Korea d. Hali Bamba, Ivory Coast; Antonio Herande, Mexico d. Scipione Massari, Italy; Julio Mora, Ecuador, bye.
Second round – Rusca d. Scharmann; Rhijs d. Delph; Kim d. Eddy; Herande d. Mora.
Final – Rusca d. Rhijs; Kim d. Herande; Gold, Kim; Silver, Rusca; Bronze, Rhijs and Herande.
Light Middleweight
First round – Bruno Barberio, Italy, bye; Helmut Gartner, West Germany d. Livio Montiel, Argentina; Hans Brugmans, Netherlands d. Ming-te Huang, Chinese Taipei; Chui Hoe Kim, USA d. John Wong, Malaysia; Paul McDonald, Canada, bye; Patrice Remarck, Ivory Coast d. Manuel Jurando, Mexico; A. Garrido, Spain d. Geoffrey Rees, Australia; Il-nam Oh, Korea, bye.
Second round – Gartner d. Barberio; Kim d. Brugmans; Remarck d. McDonald; Oh d. Garrido.
Final – Kim d. Gartner; Oh d. Remarck; Gold, Oh; Silver, Kim; Bronze, Gartner and Remarck.
Middleweight
First round – Jersey Long, Canada, bye; Patrice Remarck, Ivory Coast, d. Javier Mayan, Mexico; Jugi D'Oriano, Italy, d. Juan Carlo Escolano, Spain; Earl Taylor, U.S., bye; Jose Sanchez, Argentina, bye; Doong-joon Lee, Korea, d. Chih Chao Wang, Chinese Taipei; Andreas Scheffler, W. Germany, knocked out Gerrard Von der Berg, Netherlands; Damian McConachy, Australia, bye.
Second round – Long d. Remarck; D'Oriano d. Taylor; Lee d. Sanchez; Scheffler d. McConachy.
Final – Long d. D'Oriano; Lee d. Scheduler; Gold, Lee; Silver, Long; Bronze, Scheffler and D'Oriano
Light heavyweight
First round – Cisse Abouaye, Ivory Coast, bye; Ireno Fargas, Spain, knocked out Ben Oude Luttikhuis, Netherlands; Jean Picard, Canada, d. Duvan Velez, Ecuador; Thomas Roth, Mexico, d. (?) Tom Federle, U.S.; Felix Solas, Argentina, bye; Hsin-nien Sun, China Taipei, d. Carriatorz Walter, Italy; Colin Handley, Australia, d. Eugen Nefedow, W. Germany; Chan Jung, Korea, bye.
Second round – Abouaye d. Fargas; Roth (?) d. Picard; Sun TKO over Solas; Jung d. Handley.
Final – Abouaye d. Federle; Chan d. Sun. Gold, Jung; Silver, Abouaye; Bronze, Federle and Sun
Heavyweight
First round – Miguel Esquivel, Mexico, bye; Michael Arndt, W. Germany, d. Puppo Ricardo, Argentina; Ching-man Park, Korea, d. Kim Royce, U.S.; Harry Prijs, Netherlands, d. Chung-Il Teng, Chinese Taipei; Darrell Hanegan, Canada, d. Keith Whittemore, Australia; Cvozzo Bruno, Italy, bye.
Second round – Esquivel d. Arndt; Hannegan knocked out Bruno, 2nd round.
Final – Darrell Hanegan, Canada, d. Park Chong Man, Korea. Gold, Hanegan. Silver, Man. Bronze, Harry Prijs, Netherlands, and Miguel Esquivel, Mexico. | WIKI |
Page:1909. Extract from Captain Stormfield's Visit to Heaven.djvu/125
he tried heaps of times to enlist as a private, but he had lost both thumbs and a couple of front teeth, and the recruiting sergeant wouldn't pass him. However, as I say, everybody knows, now, what he would have been,—and so they flock by the million to get a glimpse of him whenever they hear he is going to be anywhere. Cæsar, and Hannibal, and Alexander, and Napoleon are all on his staff, and ever so many more great generals; but the public hardly care to look at them when he is around. Boom! There goes another salute. The barkeeper's off quarantine now."
Sandy and I put on our things. Then we made a wish, and in a second we were at the reception-place. We | WIKI |
User:HMFL/Enter your new article name here
Laredo Wolfpack Snake Pit
The Laredo Wolfpack Snake Pit was founded in 2009 by a group of young, successful, and good looking individuals who are among the most well known people in South Texas. Their Celebrity like status and "Fast" lifestyle has labeled them the Baddest MF's Alive, they received an award of the same name in 2010. | WIKI |
Red meat tied to worse colon cancer outcomes: study | Reuters
4 Min Read NEW YORK (Reuters Health) - People who report eating the most red and processed meat before being diagnosed with colon cancer are more likely to die during the next eight years, according to a new study. It's another important reason to follow the guidelines to limit the intake of red and processed meat, said Marjorie McCullough, the study's lead author from the American Cancer Society in Atlanta. While the new study can't prove eating red or processed meats - such as beef, hot dogs and sausages - causes colon cancer deaths, previous studies have found that eating the meats is tied to an increased risk of developing the cancer. There's less evidence, however, on how people's diets after colon cancer diagnoses affect their chances of survival. The U.S. National Institutes of Health estimates that about 143,000 Americans will be diagnosed with colon and rectal cancers in 2013, and about 51,000 people will die from them. For the new research, McCullough and her colleagues used data from a different study on 184,000 Americans who didn't have cancer between 1992 and 1993, and who were periodically asked about what they ate. After excluding people, who had - among other things - multiple types of cancer, unverified diagnoses and missing information, the researchers had data on 2,315 men and women who were diagnosed with colon or rectal cancer between the start of the study and June 30, 2009. Overall, 966 of them died between the start of the study and December 31, 2010. The researchers found no link between how much red or processed meat a person ate after their diagnosis and their risk of death, but the amount of meat a person ate before their diagnosis was tied with their risk of dying during the study. About 43 percent of the 580 people who ate about 10 servings of red or processed meat per week at the start of the study died during the follow up period. That compared to about 37 percent of the 576 people who ate about two servings per week. The researchers also found that people who consistently ate more red or processed meat before and after their colon cancer diagnosis were more likely to die from that cancer during the study, compared to those who at the least before and after diagnosis. 'THREE OR FOUR TIMES PER WEEK' Dr. Jeffrey Meyerhardt, who wrote an editorial accompanying the new study in the Journal of Clinical Oncology, said it's possible that the link between red and processed meats and colon cancer comes from cancer-causing compounds found in cooked meat or preservatives. The primary message is a confirmation that increased intake of red or processed meat can have detrimental effects on the development of colon cancer, the type of cancer and other health effects of patients in the long term, Meyerhardt, a gastrointestinal oncologist at the Dana-Farber Cancer Institute in Boston, said. McCullough said about three or four servings of red or processed meats per week is a good target for people. We're not saying people need to be vegetarians. It's really just limiting intake and making it more the exception than the rule, she said. Dr. Elisa Bandera, associate professor of epidemiology at Rutgers Cancer Institute of New Jersey in New Brunswick, said in an email to Reuters Health that maintaining a healthy weight, healthy diet and regular exercise likely has benefits for cancer prevention and survival. But she cautioned that these are only findings from one study. We need more studies evaluating the impact of meat and other dietary factors on cancer survival before any recommendations can be made to cancer survivors, wrote Bandera, who was not involved with the new study. SOURCE: bit.ly/W1OrcD Journal of Clinical Oncology, online July 1, 2013. All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays. 2017 Reuters. All Rights Reserved. | NEWS-MULTISOURCE |
Talk:Blanka Vlašić
Expansion
I've given the article a complete makeover. I'm up to the 2004–05 season now. I'm a little dubious about what to do with this entire list of performances from 2007. What does everyone else think? I really don't think its good sat there in the prose. Should it be moved to below stats section? Sillyfolkboy (talk) (edits) 17:18, 8 May 2009 (UTC)
* Excellent job! I was even thinking about excising the 2007 performances table altogether. Her winning streaks and performances of note should be summarized in the text. GregorB (talk) 13:16, 7 June 2009 (UTC)
2007 results table
It was commented out, so I'm moving it here, maybe someone will find it useful. GregorB (talk) 22:40, 23 August 2009 (UTC)
Vlašić's main results of this season, were: * = World record attempt
Wrong height?
The 6'4 claim for her height seems to be an overexaggeration, as many sites has her at 189 cm and some even 188 (6'2) and she never looks to be 6'4 compared with the bar when she jumps. — Preceding unsigned comment added by <IP_ADDRESS> (talk) 14:10, 14 August 2012 (UTC)
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Page:Stickeen-John Muir.djvu/90
world—crossed the last crevasse—and gone to another. But he will not be forgotten. To me Stickeen is immortal. | WIKI |
Diving With a Purpose
Diving With a Purpose (DWP) is an American non-profit organization aimed at locating and documenting shipwrecks, predominantly those related to the Atlantic slave trade.
History
Diving With a Purpose was founded in 2005 by Kenneth Stewart (born 1944/45), a retired copier repairman with the Tennessee Aquatic Project and the National Association of Black Scuba Divers, and Brenda Lanzendorf (1958–2008), a maritime archaeologist at Biscayne National Park. They met during the filming of the 2004 documentary The Guerrero Project, a film chronicling efforts to locate the wreck of Spanish slave ship Guerrero, which are still ongoing, although a likely candidate has since been discovered.
DWP was featured in 2020 television documentary series Enslaved, featuring DWP member Kramer Wimberley, starring and produced by Samuel L. Jackson. It is also the subject of a 2021 documentary titled Lessons from the Water: Diving with a Purpose by filmmaker Charles Todd.
Activities
Roughly 300 divers have participated in Diving With a Purpose's maritime archaeology program since its foundation. The program includes one week of training and requires some prior experience, with the stated aim of training divers to become "able to assist in the historical documentation and preservation of artifacts and wreck sites". An offshoot program directed at a younger audience entitled Youth Diving With a Purpose (YDWP) was introduced in 2011.
The group has been involved with the discovery or documentation of numerous shipwrecks, including the São José Paquete Africa and the Clotilda. Other activities of the organization have included the location and mapping of plane wrecks related to the Tuskegee Airmen in the Great Lakes. A memorial site in Port Huron, Michigan, was constructed in 2021.
Diving With a Purpose has worked or is working with groups and federal agencies including NOAA, the National Park Service (NPS), the Society of Black Archaeologists, and the Slave Wrecks Project, a collaboration between DWP, the Smithsonian's National Museum of African American History and Culture, the NPS, George Washington University, Iziko South African Museum, and the South African Heritage Resources Agency. | WIKI |
What Does Long Term Alcohol Abuse Do to the Body and Brain?
Effects of Alcohol Abuse - Holding Glass of Whiskey
Alcohol is a depressant that slows the activity of the brain and central nervous system. This substance can help you feel calm and relaxed when used in small or moderate amounts, but when used regularly on a long-term basis, alcohol can cause serious, extensive damage to your brain and other major organs. Long-term alcohol abuse can also eventually lead to alcohol dependence and addiction.
The National Institute on Alcohol Abuse and Alcoholism (NIAAA) reports that alcohol contributes to more than 200 diseases and injury-related health conditions. Here’s a closer look at the effects of long-term alcohol abuse, and how alcohol detox at an inpatient residential rehab center can help.
Heart Damage
Long-term alcohol abuse can damage the heart and has been linked to high blood pressure, irregular heart rate, weakened heart muscle, and blood clots. Heart damage caused by these factors can eventually lead to stroke, heart attack, and heart failure. The World Health Organization (WHO) reports that in 2016, alcohol caused an estimated 593,000 cardiovascular deaths globally, which represents 3.3 percent of all cardiovascular deaths.
Do You or a Loved One Need Treatment for Long Term Alcohol Abuse?
Live a longer, healthier life by overcoming your alcohol addiction. We’re here to help, with our experienced on-site clinical team that provides unique customized treatment programs for all types of drug and alcohol addictions around the clock.
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Liver Damage
Alcohol is broken down by the liver; however, too much alcohol in the body can overload the liver and make it difficult for this organ to perform its job. Heavy, long-term drinking can cause serious, life-threatening liver problems such as fatty liver disease (an increased buildup of fat in the liver), alcoholic hepatitis (liver inflammation caused by drinking too much alcohol), fibrosis (the formation of an abnormally large amount of scar tissue in the liver), and cirrhosis (a late stage of fibrosis of the liver).
An aforementioned report from the NIAAA states that of the 83,517 liver disease deaths that occurred in the U.S. in 2018, nearly 48 percent involved alcohol. Additionally, alcohol-related liver disease is the primary cause of nearly one in three liver transplants in the U.S.
Cancer
Alcohol is a known human carcinogen that increases the risk of cancer over time when consumed regularly and in high amounts. Another report from the NIAAA states that in 2009, an estimated 3.5 percent of all cancer deaths in the U.S. were alcohol-related. Cancers that have been linked to alcohol abuse include breast cancer, liver cancer, colorectal cancer, esophageal cancer, and head and neck cancer.
Brain Damage and Impairment
Alcohol interferes with brain chemicals and neurotransmitters to cause changes in mood, behavior, memory, and balance and coordination. Alcohol also interferes with the body’s absorption of important nutrients including thiamine (vitamin B1) to cause brain disorders associated with nutritional deficiency.
The NIAAA reports that up to 80 percent of people with alcohol use disorder are deficient in thiamine, and at higher risk of Wernicke-Korsakoff syndrome (WKS) as a result. Alcohol addiction is the number-one cause of WKS. WKS is a brain and neurological disorder characterized by symptoms including double vision, loss of muscle coordination, confusion, and memory loss.
Dependence and Addiction
Long-term alcohol abuse can easily pave the way for alcohol dependence and addiction — also known as alcohol use disorder. An estimated 14.4 million adults in the U.S. have alcohol use disorder, which represents 5.8 percent of this age group. However, less than 8 percent of adults with alcohol use disorder receive professional treatment in the form of alcohol detox and drug rehab.
Alcohol detox is a treatment that helps people safely withdraw from alcohol. People who try quitting alcohol abruptly after becoming physically dependent face a high risk of complications including seizures and death, but alcohol detox helps individuals avoid these complications by allowing them to recover in a safe medical environment where they are closely supervised. After alcohol detox, many patients transition into an inpatient residential rehab program to receive customized treatment for alcohol addiction, including individual and group counseling and behavioral therapy.
Alcohol Addiction Treatment at Dana Point Rehab Campus
Dana Point Rehab Campus offers alcohol detox and a wide range of drug rehab programs for alcohol use disorder. Call us at 949-347-5466 today to begin the treatment process.
If you are or someone you love is fighting addiction, don’t lose hope.
Contact us online today or call 888-509-1560 to speak to a member of our team. | ESSENTIALAI-STEM |
User:Hamid1110
Hamid Raza: He is A boy from Chunian. He has enough knowledge in the field of IT contact:03041240015 | WIKI |
Use Tracing
Distributed embedded multi-threaded exception-throwing code can be mighty hard to understand with a debugger. Sometimes the debugger misbehaves. Sometimes you misunderstand what happens when someone catches or fails to catch an exception. Sometimes you get confused about threads. Sometimes you can't attach a debugger to a remote process. Sometimes you can't get things synced up. Sometimes you have a bug that occurs only when the system is deployed and under load.
Therefore,
Most languages will either trace for you or permit you to build little tracer objects to stick in your code. You can construct these so that they will be compiled out and/or turned off when they're inconvenient. Ideally, what you want is to be able to turn them on selectively without recompiling. You want to be able to turn them on in a particular thread, in a particular object, at a particular severity, in a particular module, or in a particular method. You also want to be able to specify tracing for all threads, all objects, all modules, all severities or all methods. You want the tracing output to be mutex'ed and/or synchronized so you can read it. And you want to be able to redirect it to a particular client, file, or database.
You want to be able to trace method entry and exit. You want to be able to leave customized trace statements in the code (remember they'll get compiled out when you don't want 'em) and associate them with severity levels. Perhaps you'll even use some Purify/Quantify style external tracing to characterize memory leakage and performance issues. This is all in addition to any assert statements you might think to build in.
Most importantly, you want to build all this crap into your code from the get-go. It'll do you no good to try to retrofit it after the fact - too much stuff going on in too many places for that. Where you are tempted to throw in a little debug printf as you develop, don't just pull it back out again - you never know when it'll be relevant again. Turn it into one of these fancy trace statements and leave it there. You'll be very glad you did. -- PeterMerel
For a useful pattern for implementing tracing, see [1] from PLOP2.
I don't agree that you should build it into your code from the beginning. That leads to masses of output which takes forever to understand. With a few exceptions, trace statements should be put in on the fly, directed to the task at hand, to show information that you know will be useful. It doesn't take long to write a trace statement and recompile, not if you're doing it right. (At least in my environment.)
That does mean you must acquire or build a good trace engine. Mine can give activity from different threads different indentation, and time-stamps each line in milliseconds, which is sometimes useful. I have a routine called "Trace.here()" which adds the current source file name and line number to the trace log - I can paste in dozens of these very quickly to see where the code is getting to, and each makes itself unique without further editing.
Also, it's worth getting objects to print themselves nicely. In Java this probably means overriding toString(). (If nothing else, the default version is too verbose - it includes the entire package name, like "uk.co.bhresearch.Pixie." which too much text.) However, you should again feel free to edit the code to print just the information that you need. A print routine that's useful for one bug may not be best for a different one 6 months later.
Why try to parameterize this stuff with options and switches, when you can edit the code on the fly? -- DaveHarris
Because you often want the capability of having a customer throw some switches based on the symptoms they're seeing, so that you can get a log file that's small enough to email. Looks like a database problem? Then don't trace GUI events.
Every successful project I've been on the the past decade has built in tracing from day one. By exercising judgement, and by doing any on-the-fly debugging code in private builds, we've usually avoided the mass-of-useless info problem.
Having seen how beneficial this can be both in problem turnaround and in maintaining a healthy relationship between engineering and tech support, I strongly recommend planning for traceability from the outset. -- DaveSmith
Seconded. One of the nicest examples I've seen is in ILU, an ORB from Xerox PARC (ftp://parcftp.xerox.com/pub/ilu/ilu.html). I had an awful problem finding a memory smash in their multi-threaded C++ version ages ago and simply could not have found it without excellent tracing. As a user, it would have been awful to have had to read through all the ILU code to understand where to add my own tracing - to say nothing of the delayed turnaround while recompiling.
-- SteveFreeman
One nice Java trick that may be appropriate for some situations is to make your trace engine an output stream and redirect System.err and/or System.out to it. I'm using that approach in the server side of a distributed app. The nice thing is that "vanilla" code is giving me nice timestamped-to-the-millisecond messages. And by using the Composite pattern, I get the messages in a command prompt window and saved in a file. -- KielHodges
Why try to parameterize this stuff with options and switches, when you can edit the code on the fly?
In distributed code editing/recompiling can be less trivial, as it may require compilation/installation on multiple machines; there can be similar issues with embedded code, and distributed embedded code can compound that problem further. With distributed code one is often only actively working on one part, with the rest of the larger system running production code (but tracing in those components is helpful too).
There's no question that selectively editing in tracing during active development/debugging can be helpful, but a solid infrastructure, always in place, allowing selective tracing, can be invaluable. Plus, in such complex environments this sort of tracing can help solve problems even in the field - you may think you'll compile this stuff out for production, but that may not be a good idea in practice. (We have a three-level system: all tracing compiled in, no tracing compiled in, only non-"development" tracing compiled in; in practice we've hardly ever built other than the first). -- JimPerry
Having tracing code in shipping applications also can help isolate environmental problems outside of the app. If you've ever had a customer swear up and down that "it's not working now and I didn't change a thing!" you'll appreciate the value of having the ability to turn on a trace feature to record versions of DLLs, OS version info, checksums of configurations files that the user shouldn't touch, etc. -- DaveSmith
OK - I'm convinced. I hadn't realized you were talking about a shipped product, in the field. In fact, the mention of a debugger, and compiling out, suggests you are not in the field at all. Can someone edit the opening statement to make the context more clear? -- DaveHarris
There is a lot of confusion regarding the difference between development and debugging, especially with regards to logging errors and other messages. For argument's sake, let me define the two. Development logging means pre-release and debug logging means post-release. The two can be very different in that developers log lots of stuff during development, but when problems occur in production systems, a consistent cohesive set of messages needs to be generated. -- GeorgiaMcNamara?
The Lisp TRACE macro is nice, too. -- SimonHeath
See also: JournallingPattern,PatternsForLoggingDiagnosticMessages,VerifyOutputWithGrammar,LoggingBestPractices
EditText of this page (last edited February 22, 2006) or FindPage with title or text search | ESSENTIALAI-STEM |
ELECTROLYZED REDUCED WATER
What is Electrolyzed Reduced Water?
Electrolyzed reduced water is the name used by chemists for alkalized water with antioxidant potential. It is important to keep in mind that not all alkaline water has antioxidant potential.
What is an Antioxidant?
An antioxidant is a molecule that inhibits the oxidation of other molecules. Oxidation is a chemical reaction that can produce free radicals, leading to chain reactions that may damage cells. Simply put, antioxidants keep you healthy!
How do I Get Antioxidants in Water?
The alkaline water produced by a water ionizer does have antioxidant potential, which is why electrolyzed reduced water is valued for it’s health benefits.
So, how does it work?
Redox: Reduction is one-half of a chemical reaction that also includes a reaction called oxidation. A substance is oxidized when it loses electrons. A substance is reduced when it gains electrons. When a substance is reduced by accepting electrons, the substance that gave up those electrons is oxidized at the same time. These two reactions are known to chemists as a redox reaction.
Reduction: Happens when a substance gains electrons, the reason that the substance is said to be reduced is that it’s ability to oxidize another substance has been reduced.
Oxidation: Happens when a substance loses electrons. When a substance loses electrons, it’s ability to take electrons from another substance increases. That increase in ability to take electrons means that the substance’s oxidation state has been increased.
Example of a Redox Reaction: Iron rusting
One of the most common redox reactions happens when iron rusts. The process of rusting is called oxidation because the substance being oxidized gives up electrons to the substance oxidizing it. In the case of iron, the iron is being oxidized by oxygen, because the oxygen is getting electrons from the iron. At the same time that’s happening, the iron is reducing the oxygen, because the oxygen loses some of it’s ability to take electrons.
Oxidation Reduction Potential:
The ability of a substance such as electrolyzed reduced water to give – or receive – electrons in a redox reaction is called Oxidation Reduction Potential (ORP). Since redox reactions involve the movement of electrons, ORP is measured electrically as voltage. A substance with electrons to give in a redox reaction will have a negative ORP because electrons have a negative charge. A substance that can take electrons from another substance in a redox reaction has a positive ORP, because it has a positive electrical potential. The ORP of any substance is measured in millivolts (mV) because ORP is a measure of electrical energy potential.
Oxidation Reduction Potential vs. Reactive Oxygen Species:
Healthwise, oxidation reduction potential measures the ability of a substance like alkaline ionized water to reduce the damage that reactive oxygen species (ROS) – substances that have highly reactive oxygen ions – can do. ROS’s do damage to tissues and DNA by oxidizing them. ROS’s in the body that do this include the free radicals that doctors recommend eating a diet rich in antioxidants to fight against. The easiest way to think about the kind of damage ROS’s do to the body is that they cause your tissues and DNA to rust – just like iron – and fall apart, just like rusty iron.
Antioxidants have oxidation reduction potential, they stop the damage done by reducing the oxidation potential of ROS’s and free radicals by reducing them. So the reaction inside your body that saves your tissues and DNA from damage is a redox reaction.
Sounds Great, How do I Get Some?
We have partnered with the industry leader in Electrolyzed Reduced Water Technology. Send us a message and we will get you a free sample of the water, as well as information on how to make your own, antioxidant, electrolyzed reduced water from the comfort of your home.
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5
I am generating dynamic images to a directory in craft/storage. I need to be able to use these generated images on the front-end inside templates. Is there a helper method for this, or some way to use these images in my templates?
4
Since craft/storage/ is not publicly accessible, your only real option here is to serve them through Craft as Resource Requests. (This is the vehicle through which Craft serves up all of the CP’s front end resources, which live in craft/app/resources/.)
The actual resource URLs will depend on the site’s resourceTrigger config setting, so to generate the URLs you should use URLHelper::getResourceUrl():
$url = UrlHelper::getResourceUrl('myplugin/some/path.jpg');
Your templates can call the corresponding resourceUrl() function as well:
{{ resourceUrl('myplugin/some/path') }}
Then you will need to add a getResourcePath hook method to your primary plugin class, which would detect incoming resource requests and resolve them to the actual server path in craft/storage/.
public function getResourcePath($path)
{
// Does this path start with "myplugin/"?
if (strncmp($path, 'myplugin/', 9) == 0)
{
// Return the path to the file in craft/storage/
return craft()->path->getStoragePath().'myplugin/'.substr($path, 9);
}
}
It’s worth mentioning that you’re always going to get worse performance out of serving files through PHP than you would if they were located somewhere that’s publicly accessible. So you might just want to have the user create a new folder somewhere under their web root, and have them specify the path/URL to that folder, just like local asset sources.
2
• Is there a way to find the 'public' folder? I can't find anything in PathService or constants. Nov 11 '16 at 22:44
• @ElliotLewis Sorry just saw your comment. Can you please post that as a new question? Feb 27 '17 at 19:12
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Natural Gas Price Forecast – Natural Gas Markets Stabilize
FXEmpire.com -
Natural Gas Price Forecast Video for 04.08.23
Natural Gas Technical Analysis
Natural gas markets have stabilized a little bit during the trading session on Thursday, as we are hanging around the crucial $2.50 level. Because of this, it looks like the market is more likely than not going to be in a situation where buyers are coming in to pick up a little bit of value, and it’s probably worth noting that although natural gas has been a bit choppy and sideways, it is in a seasonally quiet time of year.
We’ve recently seen some concerns about a cooler than anticipated August in the United States causing a bit of a slowdown in demand, but really at this point in time you think you get a situation where the market is also going to be paying close attention to the Europeans and what they are going to do with their natural gas situation this winter. After all, the Norwegians have made up a little bit of that natural gas that would normally come from Russia, but they are still going to be on the hook for quite a bit more, and therefore will have to look for liquefied natural gas coming out of the United States.
If we can turn around and recover the 50-Day EMA, then I think it’s possible that the natural gas markets go looking toward the $3.00 level above. That being said, if we can break above that level, then it’s very likely that we continue to go much higher, as it will enter the “moment trade” that a lot of people are paying close attention to from a cyclical standpoint. Underneath, it’s very likely that the $2.00 level offers significant support, and is essentially the “floor” in the market. With that being the case, we get a situation where dips continue to be bought into, but whether or not we break out in the short term remains to be seen. I think this is a simple value play and probably more of an investment than a trade. Given enough time, this is a market that will not only break above the $3.00 level, but it will threaten the 200-Day EMA as well.
For a look at all of today’s economic events, check out our economic calendar.
This article was originally posted on FX Empire
More From FXEMPIRE:
Hang Seng Index, ASX200, Nikkei 225: Bears Remain in the Driving Seat
GBP to USD Forecast: Sub $1.27 in the Hands of the US Jobs Report
DAX Set for Another Testy Session with the US Jobs Report in Focus
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
User:Dunstan D Dubier/Cookie man
Cookie Man Foods India Pvt. Ltd., the company marketing the brand Cookie Man, launched its first Indian outlet in the Spencer Plaza - Chennai in January 2000. The company name has since been changed to Australian Foods (I) Pvt. Ltd., but still retails under the brand Cookie Man. It is a premium range of cookies made from unique recipes refined over 50 years at an exclusive R&D centre in Australia. Steeped in Australian tradition, the Cookie Man product line is unique, of high quality and good value for money. Baked to perfection using proprietary oven technology, Cookie Man’s cookies have the same superior standard and premium quality across the world. The cookies are made from the finest ingredients available, ensuring that the products meet stringent global quality and consistency guidelines. The scrumptious cookies are available in an extensive range of international flavors and carefully packed in a variety of packaging solutions that effectively combine function and style. The ideal snack, a perfect gift and a wonderful treat.
The lack of recognized cookie players in India is what convinced Cookie Man to enter the Indian market. Currently, Cookie Man operates 30 outlets in 13 cities in Chennai, Cochin, Coimbatore, Bangalore, Hyderabad, Gurgaon, Noida, Mumbai, Kolkata, New Delhi, Ahmedabad, Vadodara and Ludhiana.
All cookie dough, toppings and related materials are produced in the Cookie Man Commissary in Chennai. Cookie Man markets a diverse line of fresh baked Australian cookies in India. There are more than fifty varieties of cookies available. The flavours include Choc Chip, Coffee Walnut, Brandy Snap, Honey and Oats, Coconut Macaroon, Shortbread, Peanut, Ginger and many, many more. Even the famous Australian “Anzac” cookie is one of the products in the Crispy crunchy line.
Their product line in most outlets do not end with Cookies, it includes Ice Creams, Chocolates, Pastries, Puffs, Brownies & Muffins. | WIKI |
How to plot the convolution integral of two functions
292 visualizaciones (últimos 30 días)
Anthony Koning
Anthony Koning el 4 de Oct. de 2022
Editada: Paul el 4 de Oct. de 2022
Hi, I'm wondering how I can plot out the convolution of two integreals in matlab to see if my hand calculated answer is correct. for this example, we convolve e^(ax) and e^(bx), where a and b are random integers (I used 1 and 2 to keep the math simple), but I am unable to plot the two functions or their convolutions. My code is as follows
x = 0:0.5:10;
y = exp(x);
h = exp(2*x);
q = conv(y, h)
plot(x,q)
Any help is appreciated
Respuesta aceptada
Paul
Paul el 4 de Oct. de 2022
Editada: Paul el 4 de Oct. de 2022
Hi Anthony,
When using conv to compute a convolution sum to approximate a convolution integral of two signals (not two integrals), keep in mind that:
a) conv assumes that both signals are equal to zero for values of x greater (less) than x(end) (x(1))
b) The output of conv as used below will satisfy numel(q) = numel(y) + numel(h) - 1
c) The convolution sum has to be muliplied by dx when compared to the convolution integral.
Correcting for (b) and (c) yields (but don't forget (a))
x = 0:0.5:10; dx = 0.5; % 0.5 might be too large for this problem?
y = exp(x);
h = exp(2*x);
q = conv(y, h);
plot((0:(numel(q)-1))*dx,q*dx)
xlim([0 10])
Also, you can use the Symbolic Math toolbox to compute a symbolic, closed form expression for the convolution integral
Más respuestas (2)
Chunru
Chunru el 4 de Oct. de 2022
Use symbolic math:
syms x y h tau
%x = 0:0.5:10;
y = exp(-x); % use -1 and -2 to ensure convolution exist
h = exp(-2*x);
%q = conv(y, h)
ytau = subs(y, x, x - tau);
htau = subs(h, x, tau);
q = int(htau * ytau, tau, 0, inf) % this assumes x \in [0 \inf]
q =
fplot(q, [0 10])
William Rose
William Rose el 4 de Oct. de 2022
Let's use e(-x) and e(-2x), since e(+20) is so big.
N=21; deltax=.5;
x=(0:N-1)*deltax;
xc=(0:2*N-2)*deltax; %x values for convolution
y = exp(-x);
h = exp(-2*x);
q = conv(y, h);
%top plot
subplot(311), plot(x,y,'-r.',x,h,'-g.');
grid on; legend('y','h'); xlabel('x'); title('y(x),h(x)')
%middle plot
subplot(312); plot(xc,q,'-b.');
xlabel('xc'), title('conv(y,h)'); grid on
Try it.
There is no graphical way that I know of to illustrate the convolution function. You can understand the value of the convolution integral at one particular overlap value, i.e. you can attempt to illustrate q(xc) at a specific value of xc, by plotting x and a backwards, translated-by-xc version of h(x). This is not enough, however. The value of q(xc) is the sum of the area under the curve y(x)*h(xc-x). Therefore I have also plotted that curve, in black. In the code and plot below, "hft" stands for "h, flipped and translated".
For xc=2:
hflip=flip(h);
hft=[hflip(end-4:end),zeros(1,N-4-1)]; %h, flipped and translated
%bottom plot
subplot(313), plot(x,y,'-r.',x,hft,'-g.',x,y.*hft,'-k.')
grid on; xlabel('x'), title('y(x), h(2-x), y(x).*h(2-x)'); legend('y','hft','y.*hft');
The sum of all the values on the black curve in the bottom plot should equal the value of q at xc=2 in the middle plot.
fprintf('q(xc=2)=%.2f, sum(y.*hft)=%.2f.\n',q(5),sum(y.*hft));
q(xc=2)=0.32, sum(y.*hft)=0.32.
Does it? Yes. Multiply both values by deltax, if you want to get area under the curve, instead of simple sum.
To get the next point, i.e. q(xc=2.5) on the blue curve in the middle plot, shift the green curve on the bottom plot one point to the right, i.e. put the green peak at 2.5, instead of 2. Then recalculate the black curve on the bottom plot, and add up the black values on the recalculated bottom plot. The shift again to get the next point on the middle plot. And so on, until you get get all the blue points on the middle plot.
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German Supreme Court dismisses Axel Springer lawsuit, says ad blocking is legal – TechCrunch
Germany’s Supreme Court dismissed a lawsuit yesterday from Axel Springer against Eyeo, the company behind AdBlock Plus. The European publishing giant (which acquired Business Insider in 2015) argued that ad blocking, as well as the business model where advertisers pay to be added to the white list, violated Germany’s competition law. Axel Springer won a partial victory in 2016, when a lower court ruled that it shouldn’t have to pay for white listing. However, the Supreme Court has now overturned that decision. In the process, it declared that ad-blocking and Eyeo’s white list are both legal. (German speakers can read the court’s press release.) After the ruling, Eyeo sent me the following statement from Ben Williams, its head of operations and communications: Today, we are extremely pleased with the ruling from Germany’s Supreme Court in favor of Adblock Plus/eyeo and against the German media publishing company Axel Springer. This ruling confirms — just as the regional courts in Munich and Hamburg stated previously — that people have the right in Germany to block ads. This case had already been tried in the Cologne Regional Court, then in the Regional Court of Appeals, also in Cologne — with similar results. It also confirms that Adblock Plus can use a whitelist to allow certain acceptable ads through. Today’s Supreme Court decision puts an end to Axel Springer’s claim that they be treated differently for the whitelisting portion of Adblock Plus’ business model. Axel Springer, meanwhile, described ad blocking as “an attack on the heart of the free media” and said it would appeal to the country’s Constitutional Court. pic.twitter.com/8hgsrT3Uem — Adblock Plus (@AdblockPlus) April 19, 2018 | NEWS-MULTISOURCE |
WOL Wake-on-LAN
Here you can post about the issues related to modifications performed manually (not through the kiosk wizard). Example: swapped kernel, added 3rd party modules or files.
Please describe in detail what has been changed and hopefully other kiosk user will be able to help.
Porteus team wont resolve bugs posted in this category as we support only modifications made by the kiosk wizard.
Post Reply
feist
White ninja
White ninja
Posts: 24
Joined: 27 Dec 2013, 02:02
Distribution: Porteus Kiosk 4.7.0
Location: USA
WOL Wake-on-LAN
Post#1 by feist » 22 Jun 2014, 02:20
Hello,
I finally got WOL working on one of our catalog computers. It seems WOL is very touchy and is hit and miss on some systems, but it's such a time saving and valuable feature if it does work for you.
1. You will need to enable WOL in your system BIOS. Turning it on in the BIOS only really tells the computer to make that option available to the operating system. The OS, or software component, still needs to tell the NIC to look for the magic packet to wake up when the computer is off. You will need to add ethtool to Porteus Kiosk to gain the software component.
2. Download ethtool from a Slackware repository. I found mine here:
http://slackbuilds.org/mirror/slackware ... i486-1.txz
3. Convert the TXZ file to XZM. Since I don't have Porteus Desktop installed, I extracted the TXZ file into its own folder called ethtool using Archive Manager on Debian and then I used terminal to squash the ethtool folder like so:
mksquashfs ethtool ethtool-3.10-i486-1.xzm -b 256K -noappend
4. Copy and paste the ethtool-3.10-i486-1.xzm module into your kiosk's modules or XZM folder. The location for my extracted ISO is:
/porteus/modules
5. We need run ethtool everytime the computer starts so that the NIC knows to look for the magic packet when off. Open up a text editor and write:
#!/bin/sh
echo "Setting Wake-on-LAN to Enabled"
/usr/sbin/ethtool -s eth0 wol g
6. We need to save the file and make it excutable. Create the folders as necessary so that the file is saved to:
/porteus/rootcopy/etc/rc.d/rc.local
Make the rc.local file executable by running in terminal:
sudo chmod +x rc.local
7. Once the script is executable, you can build the ISO image by running make_iso.sh in /porteus of the extracted ISO directory. Don't forget to run the isohybrid command on the newly created ISO image file!
8. dd the new ISO to your kiosk and reboot the system to allow the script to run ethtool and enable WOL on the kiosk's NIC.
9. Shutdown your kiosk and run a WOL tool on another computer on the same LAN subnet to send the magic packet to your kiosk's NIC. You will need to know your kiosk's MAC address. I use MC-WOL for DOS from http://www.matcode.com/wol.htm
I then wrote a simple batch file listing all of the kiosks and added the batch file to the startup folder on one of our staff Windows computer. Example:
MC-WOL AA:BB:CC:DD:EE:FF
MC-WOL FF:EE:DD:CC:BB:AA
10. Now that you have the ability to turn your kiosks on automatically just by logging into your work computer, wouldn't it be great if you could schedule the kiosks to shutdown automatically too? Customize and add the shutdown schedule to the same rc.local file you created earlier:
http://forum.porteus.org/viewtopic.php? ... 199#p15055
PS: My knowledge of Linux is very minimal, but I was so happy to get this working on some of our kiosks I had to share. There might be some errors so if there are some improvements that can be made, please share!
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Home > Application Error > Application Error Raise
Application Error Raise
Contents
For example, you might want to roll back a transaction in the current block, then log the error in an enclosing block. The PL/SQL code can return a status in the output parameter or a bind variable. SET SERVEROUTPUT ON SIZE 200000 2. BEGIN BEGIN RAISE no_data_found; END; EXCEPTION WHEN no_data_found THEN ... http://svbuckeye.com/application-error/application-error-java-oracle-raise-sqlexception.php
END; Transactions stay pending when errors are raised, it is our own responsibility to rollback or commit, although most frameworks will rollback an unhandled exception themselves. Burleson Consulting The Oracle of Database Support Oracle Performance Tuning Remote DBA Services Copyright © 1996 - 2016 All rights reserved by Burleson Oracle is the registered trademark of Using the DBMS_WARNING Package If you are writing a development environment that compiles PL/SQL subprograms, you can control PL/SQL warning messages by calling subprograms in the DBMS_WARNING package. SELECT salary INTO l_n_salary FROM employees WHERE employee_id=:employee_id; 8.
Raise Application Error Oracle
Once you know the error code, you can use it with pragma EXCEPTION_INIT and write a handler specifically for that error. For a workaround, see "Defining Your Own Error Messages: Procedure RAISE_APPLICATION_ERROR". Examples of internally defined exceptions include division by zero and out of memory.
See also Example 5-38, "Collection Exceptions". What particular situations do we need to use RAISE_APPLICATION_ERROR? I don't think we need to worry about people using SQL injections against this error package. Raise Application Error Rollback BEGIN RAISE_APPLICATION_ERROR(-20000,’Logical error occured’); END; If we do not care about the error code and error message, and we will foresee an exception block to directly handle the error, we could
Privacy Policy Terms of Use Contact Us Send Feedback About Toad World Privacy Policy Terms of Use Contact Us Send Feedback About Dell Toad World is Sponsored by DELL Copyright © Raise Application Error Syntax Jan Leers 11/12/2013 · Reply Thank you Stew, for the detailed explanation. Answer: The raise_application_error is actually a procedure defined by Oracle that allows the developer to raise an exception and associate an error number and message with the procedure. hop over to this website The technique is: Encase the transaction in a sub-block.
However, other user-defined exceptions must be raised explicitly by RAISE statements. Raise Application Error Sqlerrm Unlike variables, exceptions cannot appear in assignment statements or SQL statements. Using the raise_application_error procedure: DECLARE Balance integer := 24; BEGIN IF (nBalance <= 100) THEN Raise_Application_Error (-20343, 'The balance is too low.');END IF;END; In this example, error number -20343 is raised The following procedure illustrates both usages.
Raise Application Error Syntax
If, on the other hand, I use RAISE_APPLICATION_ERROR, I can specify the error number (of little interest to my users, but a good "identifier" for support) and, more importantly, the error Just e-mail: and include the URL for the page. Raise Application Error Oracle With exceptions, you can reliably handle potential errors from many statements with a single exception handler: Example 10-2 Managing Multiple Errors With a Single Exception Handler DECLARE emp_column VARCHAR2(30) := 'last_name'; Raise Application Error Example For example: NO_DATA_FOUND and ZERO_DIVIDE are called Named System exceptions.
In contrast to this application errors raised with RAISE_APPLICATION_ERROR are handled in the same code fragment as Oracle error handling - these are serious errors. this website For example, if I have an application calling a stored procedure that adds a user and that user already exists, you'll usually get back an error like: ORA-00001: unique constraint (USERS.PK_USER_KEY) The message can be anything that will fit in a varchar2(2000). RAISE_APPLICATION_ERROR is part of package DBMS_STANDARD, and as with package STANDARD, you do not need to qualify references to it. Raise Application Error Range
Though they share the same name, the two past_due exceptions are different, just as the two acct_num variables share the same name but are different variables. Oracle PostersOracle Books Oracle Scripts Ion Excel-DB Don Burleson Blog
RAISE_APPLICATION_ERROR tips Oracle tips by Burleson March 3, 2015 DECLARE network_error EXCEPTION; PRAGMA EXCEPTION_INIT(network_error, -12541); BEGIN ... http://svbuckeye.com/application-error/application-error-rails-application-failed-to-start-properly-dreamhost.php To reraise an exception, use a RAISE statement without an exception name, which is allowed only in an exception handler: Example 10-9 Reraising a PL/SQL Exception DECLARE salary_too_high EXCEPTION; current_salary NUMBER
This parameter can be set at the system level or the session level. Raise Application Error Oracle Forms They can be given a number and a name. we have an application, each time when an error happens, we call raise_application_error, the application will popup a red box to show the error message we provide through this method.
So, instead of this:declare s string(3) := 'abc';begin if (instr(s,'b') > 0) then raise_application_error(-20000, 'I hate the letter b'); end if;end;I use this:declare s string(3) := 'abc';begin if (instr(s,'b') > 0)
1. Example 10-6 Using RAISE to Force a User-Defined Exception DECLARE out_of_stock EXCEPTION; number_on_hand NUMBER := 0; BEGIN IF number_on_hand < 1 THEN RAISE out_of_stock; -- raise an exception that we defined
2. Submit comment How do you manage your database deployments?
3. The General Syntax to use this procedure is: RAISE_APPLICATION_ERROR (error_number, error_message); • The Error number must be between -20000 and -20999 • The Error_message is the message you want to display
The number that SQLCODE returns is negative unless the Oracle error is no data found, in which case SQLCODE returns +100. To work with PL/SQL warning messages, you use the PLSQL_WARNINGS initialization parameter, the DBMS_WARNING package, and the USER/DBA/ALL_PLSQL_OBJECT_SETTINGS views. Declare a user-defined exception in the declaration section. 2. Raise Application Error Postgresql Place the sub-block inside a loop that repeats the transaction.
An exception raised inside a handler propagates immediately to the enclosing block, which is searched to find a handler for this new exception. END; 10. / Script Explanation: Line No. When the sub-block ends, the enclosing block continues to execute at the point where the sub-block ends, as shown in Example 10-12. see here SQL> SQL> DECLARE 2 v_product_id NUMBER := 6; 3 v_company_id NUMBER := 1010; 4 v_company_short_name VARCHAR2(30):= 'Office Inc.'; 5 v_company_long_name VARCHAR2(60):= 'Office Inc.'; 6 excep1 EXCEPTION; 7 PRAGMA EXCEPTION_INIT(excep1,-20000); 8 excep2
Special discounts should be provided. If no handler is found, PL/SQL returns an unhandled exception error to the host environment. Some common internal exceptions have predefined names, such as ZERO_DIVIDE and STORAGE_ERROR. permission_denied EXCEPTION; 5.
SUBSCRIPT_OUTSIDE_LIMIT 06532 -6532 A program references a nested table or varray element using an index number (-1 for example) that is outside the legal range. How did Samba, Krishna's son, get relieved from Curse of Krishna? For example in the above example, if the error raised is 'ex_name1 ', then the error is handled according to the statements under it. Whenever this exception occurs, all the uncommitted transactions in the current session will be rolled back to its previous state. % Note: The error code of the predefined exceptions cannot
Errors are especially likely during arithmetic calculations, string manipulation, and database operations. BEGIN 6. | ESSENTIALAI-STEM |
Talk:Comedy of manners
Untitled
Drawing-room comedy redirects to this page - but no reference here to that phrase. Not my area of expertise, can anyone help?
Article Drawing room play (note varying hyphenation) recognises its subclass Drawing-room comedy as also inheriting from Comedy of manners.
See also article and talk page at Drawing room where they appear to be struggling to include stuff that should be here.
Shannock9 (talk) 13:49, 16 October 2010 (UTC)
Major Rewrite Needed
This article needs a major rewrite by someone expert in the field.
Major flaws include:
The material before the "Notes:" marker and that after it are repetitive in part and should be merged to make a coherent whole.
The material needs proofreading for a few typographical errors.
The material needs proofreading and extension for many sentences which end abruptly without completing the thought they seem to be attempting to convey.
The material needs to be rearranged into coherent paragraphs, rather than be displayed as huge unbroken blocks of text, in the pursuit of both readability and comprehensibility.
Many well known examples of comedies of manners, for example the novels of Jane Austin and Charlotte Bronte, completely escape notice, as if, falsely, women had played no part in the enterprise of creating Comedies of Manners.
Xanthian (talk) 17:54, 21 September 2011 (UTC)
Long chunk after 'notes' moved to talk
This section was positioned after the notes and was displaying as one long block (the paragraph breaks were invisible because it was misformatted, I converted it when I mvoed it to talk) RJFJR (talk) 19:46, 11 October 2011 (UTC) This was all added at once by an anon in this diff RJFJR (talk) 19:48, 11 October 2011 (UTC)
The comedy of manners was first developed in the new comedy of the ancient Greek play write Menander. His style, elaborate plots, and stock characters were imitated by the Roman playwrights Plautus and Terence, whose comedies were widely known and copied during the Renaissance. The best-known comedies of manners, however, may well be those of the French playwright Molière, who satirized the hypocrisy and pretension of ancient régime in such plays as L'École des femmes (The School for Wives, 1662) and Le Misanthrope (The Misanthrope, 1666).
In England, William Shakespeare's Much Ado about Nothing might be considered the first comedy of manners, but the genre really flourished during the Restoration period. Restoration comedy, which was influenced by Ben Jonson's comedy of humour, made fun of affected wit and acquired follies of the time. The masterpieces of the genre were the plays of William Wycherley The Country Wife (1675); and William Congreve, The Way of the World (1700). In the late 18th century Oliver Goldsmith, ‘She Stoops to Conquer’ (1773); and Richard Brinsley Sheridan, The Rivals (1775; ‘The School for Scandal’, 1777) revived the form.
The tradition of elaborate, artificial plotting and epigrammatic dialogue was carried on by the Irish playwright Oscar Wilde in ‘Lady Windermere's Fan’ (1892) and ‘The Importance of Being Earnest’ (1895). In the 20th century, the comedy of manners reappeared in the plays of the British dramatists Noel Coward (Hay Fever, 1925) and Somerset Maugham and the novels of P.G. Wodehouse, as well as various British sitcoms. The Carry On films are a direct descendant of the comedy of manners style. Bonamy Dobree points out that in the history of dramatic literature there are some periods which are predominantly comic and some which are definitely tragic. Tragedy generally flourishes when religious, moral, and social values are more or less fixed and positive; and comedy, when they are uncertain and fluid. The ages of Aeschylus, Shakespeare, and Corneille were the periods of the dominance of tragedy, and those of Aristophanes, Jonson, and Moliere that of comedy.
The Restoration comedy of manners was shaped both by native French influences. It drew its main inspiration from the native tradition which had flourished before the closing of the theatres in 1642. In particular it was indebted to Beaumont and Fletcher and to Ben Jonson. It was indebted to continental writers, and especially by Moliere and the Spaiard, Calderon. It reflected closely the dissolute court life of the period, and, between that and the court life of France, there was a community of spirit which led naturally to an interest in French comedy. Moliere gave English dramatists the brilliant ideas of plots and some fine examples of comic characterization. Spanish drama served to strengthen that love of intrigue and incident already firmly established in English comedy.
The new comedy or the Restoration comedy is conspicuous for intellectual and refined tone. It is full of vitality, and moves with great pace. It is devoid of the Romantic exuberance of the romantic comedy. It replaces emotion by wit, and poetry by a clear, concise prose which adds much point and gives a fine precision to the dialogue. We can see fashionable and aristocratic life, with its sophisticated pursuit of sensuous pleasure, provided material in plenty of the authors who came from a variety of backgrounds. The single aim of this comedy is to show the manners of the upper ranks of the contemporary society. They are shown with unemotional candour. The typical comedy of manners satirically presents the typical London society
In the restoration comedy sex is treated with utter frankness and candidness. It’s chief subject is the intimate relations between men and women. It deals somewhat coldly with human love and lust, something cavalierly with the marriage tie. The dramatists of the Restoration period took for the subject the relations between the sexes not only because it lends itself so easily to jest but because at that time it was one of the great importance. Jeremy Collier in his pamphlet, ‘A short view of the immorality and Profaneness of the English stage’ (1698) attacked the dramatists of the Restoration period including Dryden, Wycherley and Congreve, in an uncompromising manner. He condemned the Restoration comedy for immorality. He ignores the very basis of art and endeavors to find out conscious moral meaning in dramatic art.
The characters in Restoration comedies are largely types, whose depositions are sufficiently indicated by a study of their names .Congreve was the first great dramatists of this period to subtilized the “humour” into a person. The restoration dramatists were far realistic. They drew their characters and copied their situation from life that they saw around them, they were much less abstract. They were concerned to bring things to earth, to test them by immediate actuality; they had none of the metaphysical background of the Elizabethans. Their comedies, therefore, is lighter, racier, more spinning, the action is brisker, the working sharper and more epigrammatic.
The restoration dramatists were interested in wit and portrayal of manners, rather than in the movement and the progression of events, and employed a “spatial” rather than a “temporal”. Conflict and intrigues occupy an important place in the plot of the Restoration comedy of manners. Conflicts between the youth and age, between parents and children distinguish these comedies.
Chiefly the Restoration age is associated with the rise and development of what is called "the comedy of manners. "This kind of comedy was indeed a true mirror of the temper and outlook of the society-rather a section of the society-of the age. But it will be a gross error to suppose that the comedy of manners was the only kind of comedy written and appreciated in this age.
The chief practitioners of the comedy of manners were Sir George Etherege (1635-1691) is considered as the first true practitioner of the comedy of manners .His important works include Love in a Tub, She Would lf She Coicd, and The Man of Mode, or Sir Fopling Flutter. Etherege himself was a courtier and naturally adept at revealing the manners of courtiers. “His laughter”, says Dobree, "is always that of delight at being very much alive, and is only corrective here and there by accident". His plays established the comedy of manners and paved the way for Congreve. He paints the true picture of the graceful, heartless and licentious upper classes of the period. The prose dialogue is natural and brilliant, and its light, airy grace conceals some deficiency in plot and construction.
Wycherley’s (1640-1715) reputation is based on four plays: Love in a Wood (1671), The Gentleman Dancing-Master (1672), The Country Wife (1675), and The Plain Dealer (1676). The first three of them are after the mould of Etherege. They deal with fops and gallants and seem to revel in their contemptible intrigues. The Country Wife is the most indecent of all.
Sir John Vanbrugh (1661 - 1726) had a varied career, being in turn soldier, herald and architect. His best three of his best Comedies are “The Relapse” (1696), ‘The Provoked Wife (1697) and ‘Confederacy’ (1701).
William Congreve (1670-1729) is the best and the finest writer of the comedy of manners. He wrote all his comedies before he was thirty. Congreve's most important comedies are The Old Bachelor, The Double Dealer, Love for Love, and The Way of the World. In his comedies he creates a world of his own.
George Farquhar (1678-1707), A man of versatile genius, George Farquhar was in turn a clergy man, an actor, and a soldier, and died when he was twenty – nine years old. His plays are love and a Bottle, The Constant Couple, ‘Sir Harry Wildair, ‘The Inconstant’ (1703), The Way to Win him, The Recruiting Officer (1706), and The Beaux’ Stratagem (1707).
From 1700 change began to be discernible in stage productions. It was felt that the appeal of the Restoration comedy of manners was too restricted. The immoral and anti-social influences of these plays were clearly perceived, and the voice of protest was also heard. With the spread of the coffee houses, the more general interest in political and social problems increased and a change in the manners of the court, it became necessary to strike a more human note. Moreover, the novel and the newspaper, potent the rivals of the Drama. Colley Cibber (1671), who wrote about the sixteen plays like The Careless Husband and The Non-Juror, lack in wit and insight, represent the new age.
Late 19th century English man Oliver Goldsmith and Irish play write Richard Brinsley Sheridan revived the form of drama. Oliver Goldsmith in his play “She stoops to Conquer” employs much wit, craft and style in which one mistake feeds on another, and ultimately accumulating in a play of force. “She stoops to Conquer” is after all, a novel of sentimental comedy and also a comedy of manners, which features treatment of social class as one of the main themes. However, not all of the characters play a part in the discrimination or standards of social class.
Sheridan sought to revive the spirit and atmosphere of the comedy of manners, especially those of Congreve. His prose comedy “The Rivals” and his best play “The School For Scandal” are his celebrated comedies. Sheridan’s prose comedies revive the brilliant spirit of the Restoration comedies but without the immorality of the Restoration plays. Sheridan’s two celebrated comedies “The Rivals” (1775) and “The school for Scandal” (1777) are effectively eighteenth century impressions of seventeenth century conduct in short, pastiches. It has been called the best burlesque of the age. They are all style without feeling, in much the same relation to the dramas of the post - Restoration period as the operas of Rossini are to those of Mozart. Sheridan professed to set himself against the sentimentality of late 18th century comedy, and thus his paradise conventional romantic attitudes whilst adopting a style imitative of the drama of the previous century.
After Goldsmith and Sheridan no comedies of any lasting merit were written for the stage until two more dramatists Oscar Wilde and G. B. Shaw revitalized the classic concept of Comedy again in the later part of the 19th century. During the twenties and thirties of the 20th century there was a revival of the comedy of Manners which the Restoration comedy writers like Etherege, Wycherley, Vanbrugh, Farquhar and Congreve had perfected in their times. The 20th century revival of the comedy of the manners is generally free from the taints of obscenity and immorality which had called upon the Restoration comedy the stern voice of condemnation at the hands of writers like Dr. Johnson and Macaulay. The 20th century comedy bears a close relation to the Restoration comedy in its witticism and sparking dialogue.
Among the comedy writers of the 20th century who did yeoman’s service into the revival of comedy, the name of Bernard Shaw is certainly at the top. He was the pioneer in this direction and he sought to invest modern comedy with the same satiric vigour and reformative aim which it had enjoyed at the hands of Ben Jonson during the Elizabethan age. Shaw was considerably influenced by Meredith’s view of the comic spirit, and made his comedies intellectually sharp and witty, aiming all the time at exposure of the evils rampant in our times. Shaw’s comedies inspite of their witticism and humour are serious in tone and are instruments, not much of entertainment, as edification and social reform. Shaw is deadly in earnest in his comedies. He administers sugar coated pills. The readers enjoy the sugar coating lraving the bitter taste of the pills.
Oscar Wilde (1854-1900) was another great comedy writer of our times, and though as witty as Shaw, he did not aim at reform or moral edification through his comedies. He was the main reviver of the comedy of manners, and it was his primary object to provide entertainment and artistic delight to his readers through his comedies. Wilde was an apostle of the theory of Art for art’s sake and was not inspired by Shaw’s crusading enthusiasm to harness art for social regeneration. The main characteristics of Wilde’s comedies are their witticism and sparkling dialogues. Wilde did not care for cogent plots. The plots of his comedies are melodramatic and replete with hackneyed situation. They are banal in their appeal. His characters are also a little more than marionettes. But what makes Wilde’s comedies entertaining and lovable is Wilde’s style; and David Daiches correctly hits the nail when he says that ‘stylization is the very raison deter of Wilde’s plays.’ He brought to the theatre an acute and brilliant wit, while his care for style helped to clear the drama of verbiage and to make its dialogues keen edged and clean cut. Wilde painted the picture of the elegant and refined upper class society in his five famous plays particularly in Lady Windmere’s Fan (1892), A Woman of No Importance (1893), An Ideal Husband (1894), The Importance of Being Earnest (1895) and Salome (1896).
These comedies are comedies of manners in the Sheridan tradition, aristocratic in their outlook, gay and flippant in their and tone, and sparkling and vivacious in their style. Beautiful words and phrases flow out from Wilde’s pen and we hardly bother about the plot or the progress of the story. “Indeed” says Marriot, “in all Wilde’s pen and we hardly bother about the plot or the progress of the story. “Indeed” says Marriot, “in all Wilde’s plays the dialogue frequently puts the story out of mind. We don’t care what happens only if the characters will keep talking.” The comedies of Noel Coward, Somerset Maugham, James Bridie, Fredrick Londadale, Ervine, J. B. Fagan, H. M. Harwood, A. A. Milne are quite delightful. All these dramatists have made notable contribution to the revival of comedy in our times.
Later in the mid 20th century there appeared Comedy Of Menace. “Comedy of menace” is a term used to describe the plays of David Campton, Nigel Dennis, N. F. Simpson, and Harold Pinter by drama critic Irving Wardle, borrowed from the subtitle of Campton's play The Lunatic View: A Comedy of Menace, in reviewing Pinter's and Campton's plays Encore in 1958. Campton's subtitle Comedy of Menace is a jocular play-on-words derived from comedy of manners - menace being manners pronounced with somewhat of a Judeo-English accent.
A comedy menace is a play in which the laughter of the audience in some or all situation is accompanied, or immediately followed, by a feeling of some impending disaster. Throughout such a play, the audience in some threat, explicit or implicit, to the principal character and to the audience itself. In other words, the audience is made aware, in the midst of its laughter, of some menace. The menace proceeds from potential or actual violence in the play or from the underlying sense of violence throughout the play. Or, the menace may proceed from a feeling of uncertainty and insecurity. The audience may be made to feel that the security of the principal character, and even the audience’s own security, is threatened by some danger. The label “a comedy of menace” thus implies the uneasy laughter which comes from nervousness, the laughter by which the audience tries to demonstrate that there is a safe distance between itself and what it seem or hears in the play. Menace feeds on peoples acceptance, no matter how reluctant, of the possibilities of the danger which lurks round the corner, hidden as yet and therefore all the more unnerving. The connection between the characters’ predicament and the audience’s private anxieties must be established strongly, or there will be no menace felt, and no reason for the defensive laughter.
In certain plays like those by Campton & Harold Pinter, for example we can find that it is quite possible for a playwright to create both humor and menace in the same play and even at the same time in the play for instance, a character might joke about a bad situation he finds himself in, while he prepares a gun to deal with his situation – that is an example from one of the comedies of menace. The playwright’s objective in mixing comedy & the threat of menace is to produce certain effects like set up dramatic tension or make the audience think a character is a weasel because they are acting nice or funny, but planning to do something evil or to convey certain social or political ideas for ex., don’t trust lawyers or politicians to the audience. After Wardle’s retraction of comedy of menace as he had applied it to Pinter’s writing, Pinter himself also occasionally disavowed it and questioned its relevance to his work. For example, in December 1971, in his interview with Pinter about Old Times, Mel Gussow recalled that “After The Homecoming Pinter said that he ‘couldn’t any longer stay in the room with this bunch of people who opened doors and came in and went out. Thus as the name indicate we can find terror and humour in the plays. The comedy of menace makes the audience laughter followed by its threats. We can find things like sexual morality came to be examined, and new conclusions, mostly tentative, came to be expressed.
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Summarize
This section needs to be reduced to a single sentence which simply states how the work exemplifies a comedy of manners. As it stands, it reads like an excerpt from a review.
If someone familiar with it wants to attempt that, it would be appreciated. Otherwise, I'll just delete it.
"In Boston Marriage (1999), David Mamet chronicles a sexual relationship between two women, one of whom has her eye on yet another young woman (who never appears, but who is the target of a seduction scheme). Periodically, the two women make their serving woman the butt of haughty jokes, serving to point up the satire on class. Though displaying the verbal dexterity one associates with both the playwright and the genre, the patina of wit occasionally erupts into shocking crudity." Whaledancer (talk) 18:37, 28 May 2024 (UTC) | WIKI |
UNITED STATES of America, Plaintiff-Appellee, v. Joseph Paul FRANKS, Defendant-Appellant.
No. 02-4085.
United States Court of Appeals, Sixth Circuit.
May 27, 2004.
David P. Folmar, Jr., Asst. U.S. Attorney, Cleveland, OH, for Plaintiff-Appellee.
Daniel N. Jabe, Jones Day, Columbus, OH, Ivan C. Smith, III, Marysville, OH, for Defendant-Appellant.
Before MARTIN and ROGERS, Circuit Judges, and BELL, District Judge.
The Honorable Robert Holmes Bell, United States Chief District Judge for the Western District of Michigan, sitting by designation.
ROGERS, Circuit Judge.
While investigating Terry Gardner for cocaine trafficking, agents of the Federal Bureau of Investigation (the “FBI”) taped telephone conversations between Gardner and another man, a number of which ostensibly concerned the sale of Tire Wet, car wax, and air freshener. After his arrest, Gardner identified the other party as Joseph Franks, the defendant/appellant. Gardner claimed that he regularly distributed cocaine to Franks, and he explained that Tire Wet, car wax, and air freshener were code words for cocaine. A jury convicted Franks of conspiracy to distribute cocaine and of the use of a communications facility to facilitate a drug conspiracy. Franks appeals, raising a number of issues including his “career offender” status for purposes of sentencing, the admission of evidence seized months after the end of the alleged conspiracy, alleged prosecutorial misconduct during closing argument, and the sufficiency of the evidence for the conspiracy claim. We affirm Franks’s conviction, but we vacate his sentence and remand for resentencing.
BACKGROUND
In late 1998 or early 1999, the FBI initiated an investigation of a cocaine-distribution ring involving Terry Gardner. Gardner, the FBI learned, bought cocaine from Anthony Goodman in California and resold the drugs to various individuals in Cleveland, Ohio. Gardner purchased cocaine in the amount of two to four kilograms once or twice a month. He then broke the cocaine down into eighth-kilogram quantities for resale. His customers — primarily four individuals — further broke down the drugs before reselling them. A courier named Darlene Brunn would pick up the drugs in California and fly back to Cleveland. Additionally, on several occasions, Goodman transported drugs to Cleveland via automobile.
As part of its investigation, the FBI installed a wiretap on Gardner’s phone in December 1999. Agents recorded 14 telephone conversations between Gardner and an unidentified man, including a number of calls concerning the purchase of Tire Wet, car wax, and air freshener. For example, in one call, Gardner stated that he had “eight gallons of wax and maybe another eight gallons of Tire Wet,” which the other party agreed to purchase. In another call, Gardner arranged the sale to the other party of “gallons of air freshener” in cherry, lemon, banana, and apple scents.
The FBI arrested Gardner in July 2000. Gardner identified Franks as the other party to the taped conversations, and Gardner revealed that he distributed cocaine to Franks for a period of 12 to 18 months in 1999 and 2000. He reported that Franks was one of his primary customers and that Franks purchased cocaine in quantities ranging from a half kilogram to two kilograms at a time. He claimed to have sold Gardner a total of 15 kilograms of cocaine in approximately 15 transactions during their relationship. Finally, he explained that, in their telephone conversations, he and Franks used Tire Wet, car wax, and air freshener as code words for cocaine.
On February 14, 2001, the Government filed a Superseding Indictment charging Franks with conspiracy to distribute cocaine. On February 21, 2001, agents arrested Franks at his residence, and Franks consented to a search of the premises. In an upstairs room, agents retrieved a gun and a little packet of marijuana from the drawer of a nightstand. In the basement, agents recovered a scale and a cardboard box top from behind a television set. Franks’s fingerprint was found on a battery in the scale and on the box top. The box top contained cocaine residue in the amount of one hundredth of a gram (.01 grams), as did the scale.
Agent Kenneth Riolo of the FBI interviewed Franks at the federal building. According to Agent Riolo,
[Franks] admitted that he had dealt with Terry Gardner and that Terry would contact him whenever Terry was in possession of product, and that they would agree to meet, and he — you know, Joe would have an idea of what kind of quantity was available to him, and they would meet either at [Gardner’s] pager store or at [Franks’s] car wash.
He also said that he owned a car wash on 143rd and Harvard and that he had lived on Invermere for approximately 20 years, that he had dealt with Gardner for about a year.
Also according to Agent Riolo, Franks “said a couple of times that he knew that dealing with Gardner was wrong, but he continued to do it.”
On February 6, 2002, a grand jury returned a Second Superseding Indictment charging Franks with one count of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A), ten counts of using a communications facility to facilitate a drug conspiracy in violation of 21 U.S.C. § 843(b), and one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Franks waived his right to a jury trial with respect to the felon in possession charge.
At the jury trial, defense counsel argued that Franks’s dealings with Gardner related solely to the automobile business. Franks had operated a car wash since 1997, and Gardner sold tires, rims, and automotive accessories at his pager store. Franks, who also sold cars, once attempted to help Gardner’s son obtain a car title and, on another occasion, purchased a set of tire rims from Gardner. Gardner periodically had his car washed at Franks’s car wash. Lynzell Hereford, a former employee of Franks, testified that Gardner delivered four bottles of Tire Wet and four bottles of car wax to Franks’s business in late 1999. Ricardo Williams, a friend of Franks, testified that he and Franks visited Gardner’s pager store in December, 1999, in order to purchase a customized license plate and that, at the store, Gardner told Franks that he could obtain Tire Wet and air freshener for a cheap price. This evidence, defense counsel contended, demonstrated that Franks and Gardner engaged in only legitimate business and that the calls between Franks and Gardner actually concerned Tire Wet, car wax, and air freshener.
At the close of the Government’s case, Franks moved for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29, arguing that the Government had not adduced sufficient evidence for the jury to conclude that Franks had joined any conspiracy. He argued that the evidence proved, at most, that Franks was an “end-user,” stressing that Franks dealt only with Gardner and did not know any other members of the alleged conspiracy. The Government responded that Franks participated in “a typical chain-type conspiracy.” The district court denied the motion, concluding that the evidence that Gardner regularly distributed cocaine to Franks allowed the jury to conclude that Franks “was not simply a street buyer, but knew of an ongoing conspiracy in which he was involved.” At the close of the evidence, Franks again moved for a judgment of acquittal, and the district court again denied the motion.
The jury convicted Franks of conspiracy to distribute cocaine and of four counts of using a communications facility to facilitate a drug conspiracy, but acquitted Franks of the remaining six counts of using a communications facility to facilitate a drug conspiracy and found Franks responsible for less than 500 grams of cocaine. The district court found Franks guilty of the felon in possession charge. The court sentenced Franks to a term of 262 months for the conspiracy conviction, a term of 48 months for each use-of-communications-facility conviction to run concurrent with each other and with the sentence for the conspiracy conviction, and a term of 120 months for the felon-in-possession conviction to run concurrent with the other sentences. Franks timely appealed.
ANALYSIS
1. “Career Offender” Sentencing Enhancement
The district court erred in sentencing Franks as a “career offender.” Section 4B1.1 of the Sentencing Guidelines enhances the sentences of “career offenders.” A defendant qualifies as a career offender if (1) he was at least eighteen years old at the time he committed the instant offense of conviction, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (8) he has at least two prior felony convictions of either a crime of violence or a controlled substance offense. United States Sentencing Commission, Guidelines Manual, § 4Bl.1(a) (Nov. 2001).
The Guidelines define “a controlled substance offense” as “an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.” USSG § 4B1.2(b). “Simple possession is not a controlled substance offense under the Sentencing Guidelines.” United States v. Hernandez, 218 F.3d 272, 278 (3d Cir.2000); see also United States v. Neal, 27 F.3d 90, 92 (4th Cir.1994) (“[S]imple possession of drugs is excluded from the category ‘controlled substance offense.’ ”).
The Presentence Investigation Report recommended the application of the career offender enhancement based, in relevant part, on Franks’s prior convictions for Possession of Cocaine in violation of Ohio Revised Code § 2925.11 and for Possession of Cocaine Equal to or Exceeding Three Times the Bulk Amount in violation of Ohio Revised Code § 2925.03. Franks did not object to this recommendation, and the district court imposed the enhancement.
As the parties now agree, the district court erred in applying the enhancement because Franks’s conviction under Ohio Revised Code § 2925.11 does not constitute a “drug possession offense” and, hence, Franks does not have “two prior felony convictions of either a crime of violence or a controlled substance offense.” USSG § 4Bl.l(a). Section 2925.11, titled “Drug Possession Offenses,” reads, “No person shall knowingly obtain, possess, or use a controlled substance.” Ohio Rev. Code § 2925.11(a) (West 2004). The statute does not include an element of “manufacture, import, export, distribution, or dispensing.” USSG § 4B1.2(b). As this court has previously remarked, Section 2925.11 is a “[sjimple possession” offense “aimed at users and not at sellers.” Gibbs v. United States, 3 Fed.Appx. 404, 406 (6th Cir.2001) (citing State v. Goodnight, 52 Ohio App.2d 333, 370 N.E.2d 486, 488 (1977)).
Because, as the parties concur, Franks’s conviction under § 2925.11 does not constitute a “crime of violence” or a “controlled substance offense,” and because the parties agree that Franks should be resentenced notwithstanding his failure to object to the imposition of the enhancement, we remand for resentencing.
2. Admission of the Scale, Cocaine Residue, and the Firearm Seized from Franks’s Residence
The district court did not plainly err in admitting the scale, cocaine residue, and firearm seized from Franks’s residence. On appeal, Franks argues that these items constitute highly prejudicial character evidence which the district court should have excluded under Federal Rule of Evidence 404(b). See Fed.R.Evid. 404(b) (“Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.”). Franks insists that the items did not represent direct evidence of the charged conspiracy, given that agents seized the items “long after the end of the alleged conspiracy” — in February 2001, approximately seven months after Gardner’s arrest in July 2000 and approximately eight months after Gardner’s last alleged sale of cocaine to Franks in June 2000 — and given “the complete absence of any evidence connecting these items to the conspiracy.”
The district court’s admission of the evidence in question does not qualify as plain error. Notwithstanding the eight-month gap between Franks’s last purchase of cocaine and the seizure of the evidence, the district court reasonably viewed the scale, the cocaine residue, and the gun as evidence of the charged conspiracy rather than evidence of some other, unidentified “wrong.” In the absence of any objection from Franks, and in the absence of any evidence that Franks engaged in any drug trafficking apart from the charged conspiracy, the district court evidently concluded that the Government introduced the gun and the scale as tools used by Franks in distributing the cocaine purchased from Franks. Franks stresses that “the government presented absolutely no information about the seized items other than the mere fact that they were in [his] home on February 21, 2002.” However, any error in the district court’s failure to require additional evidence connecting the scale and the gun to the conspiracy hardly rises to the level of plain error. As we said in United States v. Cox, 957 F.2d 264 (6th Cir.1992), “[r]ecourse may be had to the [plain error] doctrine only on appeal from a trial infected with error so plain that trial judge and prosecutor were derelict in countenancing it.” Id. at 267 (internal quotation omitted).
Franks cites inapposite cases for the proposition that “it is improper to admit [] drug evidence seized from a defendant months after the end of the alleged conspiracy to prove the defendant’s participation in the conspiracy where the government fails to show any connection between the evidence and the conspiracy.” In United States v. Zelinka, 862 F.2d 92 (6th Cir.1988), this court held that the district court erred in admitting testimony describing cocaine and plastics bags recovered from the defendant approximately a year and a half after the end of an alleged conspiracy to distribute cocaine. Id. at 93. The court explained,
Even if the evidence indicated that [the defendant] possessed cocaine for the purpose of distribution in December 1986, it was not admissible to prove that he had participated in a conspiracy to distribute cocaine that ended in July 1985. The evidence related to a time that was remote from the period of the conspiracy and involved none of the other conspirators.
Id. at 99.
Similarly, in United States v. Bakke, 942 F.2d 977 (6th Cir.1991), this court held that the district court erred in admitting testimony that the defendant was caught with $428,000 in proceeds from the sale of marijuana approximately six months after the end of an alleged conspiracy to distribute marijuana. Id. at 978-79. This court noted that the charged conspiracy involved the transportation of marijuana from Florida to Michigan for sale, that the defendant’s alleged role in this conspiracy was limited to a single sale of drugs to his alleged co-conspirators in Michigan (as opposed to the delivery of marijuana to Michigan), and that the defendant was caught in New Jersey with the drug proceeds. Id. at 982. The court explained,
The fact that [the defendant] was arrested in a distant state some six months after the end of the charged conspiracy and incriminated himself in a totally unrelated drug transaction only demonstrated that he was a drug dealer in 1988.... Nothing connected the events culminating in his 1988 New Jersey arrest with his, or any other alleged co-conspirator’s, involvement in the Florida to Michigan 1983-87 conspiracy charged in the indictment.
Id. at 983. In short, the court concluded that “the other crimes evidence had ‘no logical tendency’ to connect [the defendant] with the conspiracy to transport marijuana from Florida to Michigan for sale there.” Id.
Neither decision requires the reversal of Franks’s conviction. First, in both Zelinka and Bakke, the defendants objected to the admission of the evidence in the district court. Bakke, 942 F.2d at 979; Zelinka, 862 F.2d at 94. Second, in both Zelinka and Bakke, unlike in the case at bar, the challenged evidence plainly related to “bad acts” other than the charged conspiracy. In Zelinka, the defendant was found with a half gram of cocaine and plastic bags a year and a half after the end of the alleged conspiracy. 862 F.2d at 93. In Bakke, the evidence in question concerned drug trafficking activity (the purchase of marijuana in New Jersey) that clearly was unrelated to his involvement in the charged conspiracy (selling marijuana to his alleged co-conspirators in Michigan years earlier). 942 F.2d at 982-83. Here, the challenged evidence — the scale, the gun, and cocaine “residue” (.02 grams)— appears to relate to the charged conspiracy rather than some unidentified “other act.”
Finally, it is difficult to conclude that any error affected Franks’s substantial rights given the Government’s closing argument that there was “no evidence” that Franks received any drugs after Gardner’s arrest. To establish plain error, a defendant must show, inter alia, that the error affected his substantial rights. United States v. Koeberlein, 161 F.3d 946, 949 (6th Cir.1998) Presumably, when Franks claims that the items are evidence of “other acts,” he means that the items are evidence of Franks’s post-conspiracy distribution of cocaine. But, in light of the Government’s disavowal, it is speculative to say that the jury believed that the evidence related to post-conspiracy activity rather than to the conspiracy itself.
3. Prosecutorial Misconduct
On appeal, Franks raises a number of allegations of prosecutorial misconduct. However, Franks failed to object to the prosecutor’s allegedly improper statements, and the district court did not commit plain error by failing to address the prosecutor’s conduct sua sponte.
a. Legal Background
“When reviewing claims of prosecutorial misconduct, we determine first whether the statements were improper.” United States v. Tarwater, 308 F.3d 494, 511 (6th Cir.2002). “If they appear improper, we then look to see if they were flagrant and warrant reversal.” Id. To determine whether the statements were flagrant, we apply the following factors: (1) whether the statements tended to mislead the jury or prejudice the defendant; (2) whether the statements were isolated or among a series of improper statements; (3) whether the statements were deliberately or accidently before the jury; and (4) the total strength of the evidence against the defendant. Id. “If the conduct is found not to be flagrant, we will reverse only when (1) the proof against the defendant was not overwhelming, (2) opposing counsel objected to the conduct, and (3) the district court failed to give a curative instruction.” United States v. Brown, 66 F.3d 124, 127 (6th Cir.1995). “In the absence of an objection, only flagrant conduct will warrant ‘plain error’ reversal.” Id.
b. Prosecutor’s Statement that Agent Riolo Testified that Franks Admitted to Dealing “Drugs”
The prosecutor’s statement that Franks admitted to Agent Riolo that he met with Gardner for the purpose of dealing “drugs” was not improper. At trial, Agent Riolo narrated Franks’s “confession” as follows:
Well, I talked to him a little bit while we transported him and we also fingerprinted him and we talked to him a little bit. But he — he admitted that he had dealt with Terry Gardner and that [Gardner] would contact him whenever [Gardner] was in possession of product, and that they would agree to meet, and he — you know, [Franks] would have an idea of what kind of quantity was available to him, and they would meet either at the pager store or at the car wash.
He also said that ... he had dealt with Gardner for about a year.
Agent Riolo also testified that Franks stated that “he knew that dealing with Gardner was wrong,” that he and Gardner discussed “stuff’ when they met, and that he and Gardner conducted their “drug business” at Gardner’s pager store or his car wash.
In his closing argument, the prosecutor described Franks’s “confession” as follows:
His own statement to Special Agent Riolo is that he knew what he was doing with Terry Gardner was wrong, that they would call each other, that they would meet to exchange the drugs, that they would talk about the quantity, they would get together and exchange the stuff, and he knew what he was doing was wrong.
(emphasis added). In his rebuttal, the prosecutor reiterated his account of the “confession”:
He knew what he was doing was wrong. They would meet each other for the purpose of dealing drugs. He knew it was wrong. They would transfer stuff between each other. It’s your recollection of the testimony of that statement, but I submit to you that that closes the door in this case. It tells you what was going on from the defendant’s own mouth,
(emphasis added).
Franks charges that the italicized language constituted “material misrepresentations” of Agent’s Riolo’s testimony. “Agent Riolo,” he asserts, “never testified that Mr. Franks admitted to dealing ‘drugs’ with Gardner; the word ‘drugs’ was conspicuously absent from Agent Riolo’s testimony regarding the alleged confession.”
Franks’s argument is without merit. Prosecutors “must be given leeway to argue reasonable inferences from the evidence.” United States v. Collins, 78 F.3d 1021, 1040 (6th Cir.1996). Here, the prosecutor argued, in effect, that when Franks used the words “stuff’ and “product” he meant “drugs,” a quite reasonable inference when Franks’s statement is viewed in its entirety. The prosecutor’s intermixing of the words “stuff’ and “drugs” during his summary of the statement, as well as his caveat that “its your recollection of the testimony,” placed this argument in context for the jury. Moreover, defense counsel’s reply that Agent Riolo’s testimony was merely “his interpretation” of what Franks said ensured that the issue of Franks’s confession was not “withdrawn” from the jury, as Franks insists.
c. Prosecutor’s Characterization of Franks’s Statement to Agent Riolo as a “Confession”
The prosecutor’s characterization of Frank’s statement to Agent Riolo as a “confession” was not improper. In his closing argument, the prosecutor claimed that Franks’s statement “pretty much amounts to a confession, if you believe that agent right there.... The defendant admitted it.” In his rebuttal, the prosecutor repeated that the statement “essentially constitutes a confession.”
Contrary to Franks’s contention, the prosecutor did not “mischaraeterize” Franks’s statement as a “confession.” Instead, he carefully qualified his description, arguing that Franks’s statement “pretty much amounts to” or “essentially constitutes” a confession and leaving the jury to determine the significance of the statement. As we said in United States v. Emuegbunam, 268 F.3d 377 (6th Cir.2001), “prosecutors must be given leeway to argue reasonable inferences from the evidence.” Id. at 405 (internal quotation omitted). Moreover, even if the prosecutor’s use of the term “confession” was improper, Franks’s right to a fair trial was not compromised. See United States v. Goodlow, 105 F.3d 1203, 1207 (8th Cir. 1997).
d. Prosecutor’s Identification of Hereford as an “Employee”
The prosecutor’s misdescription of a defense witness as Franks’s “employee” was not flagrant misconduct. Lynzell Hereford, who formerly worked at Franks’s car wash, testified that Gardner delivered four bottles of Tire Wet and four bottles of liquid wax to Franks’s car wash on one occasion in late 1999. According to Franks, this constituted “critical exculpatory testimony .... supporting the defense theory that Mr. Franks and Gardner were in fact engaged in business dealings involving car-wash products, not illegal drugs.” In his closing argument, the prosecutor challenged Hereford’s credibility, stating “[w]e have Mr. Franks and two friends, one an employee, he made sure they got here. He went and picked them up. He drove them all the way here. They talked about the case multiple times. Just think about that.”
Though inaccurate, and hence improper, the prosecutor’s misidentification of Hereford as an “employee” of Franks (rather than a former employee) was not flagrant misconduct. Nothing in the record suggests that the prosecutor intentionally misrepresented Hereford’s status, and the mistake occurred only once. In addition, the error was not likely to prejudice Franks. In challenging Hereford’s credibility, the prosecutor focused on Hereford’s friendship with Franks. A fleeting reference to Hereford’s status as an “employee” — unaccompanied by any express argument that fear for his job influenced Hereford’s testimony — most likely had no material effect on the jury’s perception of Hereford’s credibility. In sum, the mistake was not flagrant; hence, given Franks’s failure to object to the statement, the mistake does not constitute reversible error.
e. Prosecutor’s Statements Concerning the Memory of Defense Witnesses
The prosecutor’s attack on the credibility of defense witnesses based on the juxtaposition of their “detailed and specific” memories of certain events with their “vague” memories of other events was not flagrant misconduct. As noted above, Hereford testified that Gardner delivered Tire Wet and liquid wax to Franks’s car wash in late 1999. He further testified that he and another employee unloaded the product from the floor in the back of Gardner’s black Excursion. Another defense witness, Ricardo Williams, a friend of Franks, testified that he overheard a conversation between Franks and Gardner concerning “supplies for a car wash, like stuff for the tires” in December 1999. The conversation occurred at Gardner’s shop, where Williams and Franks had gone to purchase a customized license plate.
Franks claims that the prosecutor misled the jury about these witnesses’ testimony by arguing that the witnesses recalled events favorable to Franks’s case with a curious specificity. In his closing argument, the prosecutor stated:
... I would just simply ask that you compare those two witnesses who could remember that all this specifically happened in December of 1999. They could remember like it happened right in the winter, happened right in December of ’99. But they couldn’t remember another single date that they were asked about. Not another single one. I can’t — I can’t be sure, I can’t remember, I don’t know what year it was, sometime between ’93, ’94, all these very vague estimations, except what’s really, really important to their friend Joe Franks who brought them here today.
(emphasis added). Franks asserts that the italicized language “was simply false,” pointing to a number of examples of other “specific” testimony from these witnesses. He notes that Hereford testified that he worked for Franks for “a little over three years,” that his tenure lasted from “about” 1997 or 1998 until July 2001, and that he held his previous job from “about” 1993 until 1996. Similarly, Franks calls attention to Williams’s testimony that he has been employed as a truck driver “for 19 years” and has worked for the Post Office “one year,” that Franks opened his car wash “maybe four or five years ago,” and that he last patronized Franks’s car wash “maybe three months ago ... maybe February or something like that.”
Assuming, for argument’s sake, that the prosecutor’s argument was improper, the prosecutor’s “misconduct” did not rise to the level of flagraney. Again, nothing in the record indicates that the prosecutor intentionally mischaracterized the evidence, and the misstatement was isolated. Moreover, the prosecutor’s argument was not likely to prejudice Franks. Admittedly, the prosecutor overstated his case in claiming that the witnesses “couldn’t remember another single date,” when Hereford had testified that he last worked for Franks in July 2001 (compared to his testimony that Gardner delivered the Tire Wet and liquid wax in late 1999). Generally speaking, though, the prosecutor’s comparison was tenable. While not terribly convincing, his characterization of the dates “in late 1999” and “in December 1999” as “specific,” and of the dates “a little over three years,” “about 1997 or 1998,” “from about 1993 until 1996,” “for 19 years,” “one year,” “maybe four or five years ago,” and “maybe three months ago” as “vague estimates,” was not unreasonable. Finally, the evidence against Franks was considerable.
f. Prosecutor’s Statements Concerning the Credibility of Agent Riolo
The prosecutor’s “vouching” for the credibility of Agent Riolo did not constitute flagrant misconduct. In his closing argument, the prosecutor remarked:
It may be argued that Special Agent Riolo testified that [Gardner broke down the cocaine into eight-kilogram portions before reselling it], just so he can make the case, just so he can convict Joe Franks. He’s been an FBI agent for 20 years in Detroit, in Dallas, in Cleveland. And I submit to you that you don’t get to be an FBI agent for 20 years and work on multiple wiretap cases and do big investigations and do a lot of good for the community by coming into Court and deciding to make something up about Joe Franks.
Later in his argument, the prosecutor commented:
I submit to you, ladies and gentlemen, that [Franks’s statement to Agent Riolo] pretty much amounts to a confession if you believe that agent right there. And I submit to you that combined with all the other evidence in this case, there is absolutely no reason not to. A[] 20-year veteran of the FBI didn’t make that statement up just to get somebody.
“Improper vouching occurs when a prosecutor supports the credibility of a witness by indicating a personal belief in the witness’s credibility thereby placing the prestige of the United States Attorney behind that witness.” United States v. Francis, 170 F.3d 546, 550 (6th Cir.1999). “Generally, improper vouching involves either blunt comments ... or comments that imply that the prosecutor has special knowledge of facts not in front of the jury or of the credibility and truthfulness of witnesses and their testimony.” Id.
Assuming, for argument’s sake, that the prosecutor improperly vouched for Agent Riolo’s credibility, this misconduct did not rise to the level of flagrancy. Applying the “flagrancy” factors, first, the prosecutor’s statements were unlikely to mislead the jury or prejudice the defendant. Arguably, defense counsel insinuated during cross-examination that Agent Riolo fabricated Franks’s confession, and, while this did not entitle the prosecutor to vouch for Agent Riolo’s credibility, “it does serve to mitigate the severity of the harm.” Angel v. Overberg, 682 F.2d 605, 608 (6th Cir. 1982); see also United States v. Young, 470 U.S. 1, 11-12, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985) (stating that, in determining whether prosecutorial misconduct affected the fairness of the trial, a court must consider whether defense counsel invited the misconduct). Furthermore, the prosecutor’s statements regarding the credibility of Agent Riolo’s testimony dealt with matters that were not disputed by Franks. Ultimately, in closing argument, after the prosecutor made the remarks at issue, defense counsel did not argue that Agent Riolo “made up” Franks’s “confession”; instead, he contended that Agent Riolo misinterpreted Franks’s statement. Similarly, defense counsel did not challenge Agent Riolo’s testimony that Gardner informed him that he sold cocaine in “eighths,” but rather questioned the credibility of Gardner who, defense counsel implied, concocted the story in order to receive a reduced sentence.
Moving to the other factors, second, the prosecutor did not make “an extensive series of improper statements.” United States v. Modena, 302 F.3d 626, 635 (6th Cir.2002) (finding that the second factor favored the Government as the prosecutor made only two improper statements during closing argument). Third, it appears that the prosecutor deliberately made the remarks at issue. Fourth, the evidence of Franks’s guilt was strong. Thus, only one of the four factors weighs in Franks’s favor.
In sum, after reviewing the record, considering the parties’ briefs and oral argument, and evaluating the “flagrancy” factors, we cannot say that Franks has met his “burden of showing that the prosecutorial misconduct in the present case was so exceptionally flagrant that it constitutes plain error.” Id. (internal quotation omitted).
U. Sufficiency of the Evidence of Conspiracy
The district court did not err in denying Franks’s motion for a judgment of acquittal. In a challenge to the sufficiency of the evidence, this court asks “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Brown, 332 F.3d 363, 372 (6th Cir.2003) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). In pursuing this inquiry, the court “must view the evidence and all inferences therefrom in the light most favorable to the government.” United States v. Odom, 13 F.3d 949, 958 (6th Cir.1994).
“The essential elements of a drug conspiracy are 1) an agreement to violate the drug laws, and 2) each conspirator’s knowledge of, intent to join, and participation in the conspiracy.” United States v. Crozier, 259 F.3d 503, 517 (6th Cir.2001); see also United States v. Pearce, 912 F.2d 159, 161 (6th Cir.1990). “No formal or express agreement is necessary to establish a conspiracy. ... A tacit or mutual understanding among the parties is enough.” United States v. Phibbs, 999 F.2d 1053, 1063 (6th Cir.1993) (internal quotations omitted). “Once the existence of a conspiracy is proven, only slight evidence is necessary to connect a defendant with the conspiracy.” United States v. Hitow, 889 F.2d 1573, 1577 (6th Cir.1989). “It is only necessary that a defendant know of the object of the conspiracy, associate himself with it, and knowingly contribute his efforts in furtherance.” Id.
“A mere buyer-seller relationship alone is not sufficient to establish a conspiracy.” Brown, 332 F.3d at 373. However, evidence of repeated purchases or of a large sales volume provides evidence of more than a mere buyer-seller relationship. Id. Moreover, in chain conspiracies, “the agreement can be inferred from the interdependent nature of the criminal enterprise.” Hitow, 889 F.2d at 1577. “It can be assumed that participants understand they are participating in a joint enterprise because success is dependent on the success of those from whom they buy and to whom they sell.” Id. Finally, in a chain conspiracy, “it is enough that each member of the conspiracy realizes that he is participating in a joint enterprise, even if he does not know the identities of many of the participants.” Odom, 13 F.3d at 959 (internal quotation omitted).
Franks argues that, at most, “the evidence supported nothing more than the conclusion that Mr. Franks and Gardner were independent arm’s length dealers who had no interest in the success of each other’s enterprise.” Franks points to Gardner’s testimony that Franks never dealt with (or even met) any of the other members of the conspiracy and that Gardner did not “know what [Franks] was doing with the cocaine” and considered Franks’s disposition of the cocaine “none of [his] concern.”
Sufficient evidence supports Franks’s conviction for conspiracy to distribute cocaine. Clearly, Gardner and his associates conspired to deliver cocaine to Cleveland and distribute the drugs there, and the Government adduced evidence permitting a reasonable juror to conclude that Franks knew of, intended to join, and participated in this conspiracy. Gardner testified that Franks was one of his four regular customers. He would contact Franks (either by cell phone or in person) when he received a shipment of cocaine, and Franks usually would purchase around half the shipment. Gardner reported that he sold Franks approximately 15 kilograms of cocaine over a period of 12 to 18 months in approximately 15 transactions. Finally, Gardner knew that Franks was reselling the cocaine he received. From this evidence, a reasonable juror could have concluded that Franks understood that Gardner operated a large-scale cocaine distribution ring and that Franks and Gardner reached a tacit agreement whereby Gardner would wholesale cocaine to Franks.
Contrary to Franks’s assertion, Gardner’s and Franks’s ignorance of the identities of others in the distribution chain does not preclude a conspiracy conviction. See Odom, 13 F.3d at 959; United States v. Warner, 690 F.2d 545, 549 (6th Cir.1982) (“Because the success of participants on each level of distribution is dependent upon the existence of other levels of distribution, each member of the conspiracy must realize that he is participating in a joint enterprise, even if he does not know the identities of many of the participants.”). The evidence allowed a reasonable juror to conclude that Gardner and Franks had a standing agreement whereby Gardner would contact Franks whenever he received a shipment of cocaine so that Franks could purchase some portion of the shipment. To effectuate this conspiracy, Franks did not need to know the identities of Gardner’s supplier and other customers, and Gardner did not need to know the identities of Franks’s customers.
5. Ineffective Assistance of Counsel
[8] Consistent with our usual practice, we decline to consider Franks’s ineffective assistance of counsel claim on direct appeal. “As a general rule, this court will not review claims of ineffective assistance of counsel that are raised for the first time on appeal.” United States v. Thomas, 74 F.3d 701, 715 (6th Cir.1996) (internal quotation omitted); see also United States v. Brown, 332 F.3d 363, 368 (6th Cir.2003). “These claims are best brought by a defendant in a post-conviction proceeding under 28 U.S.C. § 2255 so that the parties can develop an adequate record on the issue.” Thomas, 74 F.3d at 715 (internal quotation omitted). “This rule stems from the fact that a finding of prejudice is a prerequisite to a claim for ineffective assistance of counsel, and appellate courts are not equipped to resolve factual issues.” United States v. Aguwa, 123 F.3d 418, 423 (6th Cir.1997) (internal citation omitted).
We have reviewed the parties’ briefs and the record on appeal, and we have considered the parties’ oral argument. We have not found a sufficient basis for departing from our standard practice in this case.
6. Cumulative Effect of Errors
Franks’s argument that he was deprived of a fair trial by the cumulative effect of the assigned errors is unavailing. “Cumulative error analysis is relevant when there were certain errors at trial which, when considered alone may not deprive a person of due process, but may cumulatively produce a trial that is fundamentally unfair.” United States v. Mays, 69 F.3d 116, 123 (6th Cir.1995).
Franks argues that even if the assigned errors “do not warrant reversal in isolation, when considered together they reveal the fundamental unfairness of Mr. Franks’s trial such that reversal is nevertheless warranted.” Of the parade of alleged errors, Franks singles out his sentencing as a “career offender,” the admission of the items seized from Franks’s residence, and the prosecutor’s “repeated misstatements” during closing argument.
Cumulative error analysis does not mandate a reversal of Franks’s conviction. We have addressed the error in sentencing Franks as a “career offender” individually. Regarding the remaining assignments of error, we have considered the briefs, the record on appeal, and the parties’ oral argument, and we find that the alleged errors, taken together, did not deprive Franks of a fair trial.
CONCLUSION
For the foregoing reasons, we AFFIRM Frank’s conviction but VACATE his sentence and REMAND his case to the district court for resentencing.
. Gardner testified that he did not sell automotive cleaning products at his pager store and that he never sold Tire Wet, car wax, or air freshener to Franks. Agent Riolo testified that there was no evidence of Tire Wet or car wax in the records at Gardner’s store.
. The indictment charged Franks with conspiring to distribute 5 or more kilograms of cocaine.
. Franks concedes that, given his failure to object to the admission of this evidence at trial, the plain error standard applies to his claim.
. Finally, contrary to Franks’s suggestion, the word "drugs” is not “absent” from Agent Riolo's testimony. Agent Riolo responded, "Yes, he did.”
. Arguably, the prosecutor's contention that the witnesses' testimony concerning Gardner was specific enough to raise suspicion about its credibility is supported by details of the testimony. In particular, Hereford recalled that he unloaded the product from the floor in the back of Gardner’s black Excursion, and Williams remembered that he and Franks went to Gardner’s store to purchase a customized license plate.
. Agent Riolo testified that Gardner would break down the cocaine into eighth-kilogram quantities before reselling the drugs. Gardner confirmed this during his testimony. This information was material because, in one of the recorded phone calls, the parties discussed "eight gallons of wax and maybe eight gallons of the Tire Wet.” Gardner testified that "eight gallons of the wax” and "eight gallons of the Tire Wet” each meant eight eighths of cocaine.
. Defense counsel argued as follows: "[Agent Riolo's] interpreting what this defendant said and wants you, at this time — and I'm not saying he is not telling the truth. I would absolutely — he is a great guy. I know him. I’m not saying that. I'm saying that's his interpretation of what this man said to him in ’99.”
. Franks emphasizes that the jury found him guilty of conspiring to distribute cocaine in the amount of less than 500 grams. However, in evaluating the sufficiency of the evidence, we must consider Gardner's testimony that he sold Franks approximately 15 kilograms of cocaine, even if the jury's verdict does not reflect this testimony. Cf. United States v. Powell, 469 U.S. 57, 105 S.Ct. 471, 83 L.Ed.2d 461 (1984) (holding that an inconsistent verdict, in which a jury acquits the defendant of the predicate offense but convicts the defendant of the compound offense, does not require a finding that there was insufficient evidence to support the conviction); United States v. Brown, 332 F.3d 363, 372 (6th Cir.2003) (explaining that, in evaluating the sufficiency of the evidence, this court asks whether, "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt” (emphasis added)); United States v. Smith, 182 F.3d 452, 457 (6th Cir.1999) (“A jury verdict will not be overturned simply because it is inconsistent or because the jury acquitted a defendant of a predicate offense.”); United States v. Mercer, 165 F.3d 1331, 1334 (11th Cir.1999) (considering evidence relating to alleged co-conspirator’s activities in determining whether there was sufficient evidence to convict the defendant of conspiracy even though the alleged con-conspirator was acquitted). In any event, there is sufficient evidence to sustain Franks’s conviction even if Gardner’s testimony that he sold Franks approximately 15 kilograms of cocaine is disregarded.
. Nor do Gardner’s statements that "I don’t know what Franks was doing with [the cocaine]” and that Franks’s resale of the cocaine "wasn't my problem” foreclose a conspiracy conviction. Gardner also stated that he understood that Franks was reselling the cocaine, that he contacted Franks when he received a shipment, and that he regularly sold Franks significant quantities of cocaine. From this testimony, and the other evidence presented at trial, a jury could find that Franks and Gardner conspired to distribute cocaine notwithstanding the snippets of testimony cited by Franks. See Hitow, 889 F.2d at 1577 ("It can be assumed that participants understand they are participating in a joint enterprise because success is dependent on the success of those from whom they buy and to whom they sell.”).
| CASELAW |
Talk:smalltown
Really, the citations suggest this is an alternative spelling of the (adjective / attributively-used noun) small-town. OTOH, if "smalltowns" is attested, we can probably keep this. - -sche (discuss) 22:48, 29 March 2012 (UTC)
* 1) I spose we need a noun and adjective sense then. I think the citation say either or both.Lucifer (talk) 23:06, 29 March 2012 (UTC)
RFV
Is this a noun (presumably with a plural, smalltowns), or an adjective (like small-town), or both? And is the definition accurate in its detail? - -sche (discuss) 03:08, 30 March 2012 (UTC)
* In the singular, there are so many proper noun/brand name uses that I decided to concentrate on the plural for proof of concept. The overwhelming majority are scannos or poetic "special effects", but there are a handful of genuine-looking noun usages:, ,,,, and (there are no doubt more). Chuck Entz (talk) 04:52, 30 March 2012 (UTC)
* Thanks for the citations, Chuck! I've edited the three articles (smalltown, small-town, small town) and withdrawn the RFV. - -sche (discuss) 21:55, 31 March 2012 (UTC) | WIKI |
Sharing File Between Kali Linux and Windows 10
File sharing in a Windows networked machines is simple. But sharing file between Kali Linux and Windows has a bit complicated process. You need to know both Linux and Windows file sharing protocols and utilities to share file between Kali Linux and Windows 10. Previously, we wrote many articles about sharing files between different operating system. Here we completely focus an easy way to share file between Kali Linux and Windows 10.
The process to Share file between Kali Linux and Windows.
1. Check network connectivity.
2. Enable Windows File Sharing.
3. Create a Share folder in Windows.
4. Configure Kali Linux File Sharing.
5. Install “cifs-utils” for mounting the shared folder in Linux.
6. Access Windows shared folder from Linux.
7. Sharing file between Linux and Windows.
Share File between Kali Linux and Windows 10
Do all the process of above list to enable file sharing between Kali Linux and Windows 10. Before starting the file sharing, make sure your Windows and Linux machine are works properly.
Note: Here I just explain some important commands. All the process are explained clearly in the video at the end of this post.
1. Check Network Connectivity
Checking network connectivity with “ipconfig” command in Windows and “ifconfig” command in Kali Linux. Your computer must be on the same network.
Check Network Connectivity in Windows and Linux
Check Network Connectivity in Windows and Linux
The “ipconfig” command shows IP address configuration of Windows operating system. And the “ifconfig” command shows the Linux IP address and network configuration.
Related: How to network Linux and Windows 10?
2. Enable Windows File Sharing.
I don’t want to explain it again. You can check the process of enabling file sharing in Windows 10 on the above network Linux and Windows article. From advanced sharing settings of Windows, expand All Networks and turn on public file sharing and disable password protection option then click Save Changes.
Do the step 3 create a folder and share it for file sharing. This folder will be accessible from Linux.
5. Install “cifs-utils” for mounting the shared folder in Linux.
The CIFS filesystem is the preferred method for mounting SMB/CIFS shares on Linux. The in-kernel CIFS filesystem relies on a set of user-space tools. That package of tools is called cifs-utils. Although not really part of Samba proper, these tools were originally part of the Samba package.
To install “cifs-utils” type “apt-get install cifs-utils” in termial.
Install cifs-utils for mounting the shared folder in Linux - Share File between Kali Linux and Windows 10
Install cifs-utils for mounting the shared folder in Linux – Share File between Kali Linux and Windows 10
6. Access Windows shared folder from Linux.
Finally, access the shared folder of Windows 10 from Kali Linux. Try to mount the shared folder with “mount.cifs“command. This will mount the shared folder to the Linux system.
Access Windows shared folder from Linux - Technig
Access Windows shared folder from Linux – Technig
Command details:
• mount.cifs: is the command for mounting SMB/CIFS shares on Linux.
• //Win10: is the Windows 10 computer name. You can use the IP address as well.
• /SharedFiles: is the name of Windows 10 shared folder.
• /root: Kali Linux, root user.
• /Desktop: desktop directory of the Kali Linux, root user.
• /NetworkFiles: is the folder on the Kali Linux desktop for mounting shared files.
• -o user=shais: is the mount.cifs command option for specifying Windows user name and password.
Sharing File between Windows 10 and Kali Linux video tutorial
Any question?
Just comment us we will reply you as soon as possible.
I'm the internet geek's of my town. Working as assistant with CEO of JowGroups Internet Marketing Team and content creator in Technig.com L
2 Comments
1. i keep getting the error unable to find suitable address
2. Keep getting a password prompt for root, which i know and use to login to the system. However, it says its invalid ErrorCode(13). Can anyone please explain what am I doing wrong ?
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Frank Hoar
Harold Frank Hoar, FRIBA (13 September 1909 – 3 October 1976) was a British architect, artist, academic and architectural historian. Hoar first came to public prominence when, at the age of 25, he won a competition to design the first terminal building at London's Gatwick Airport in the 1930s. His architectural career focused increasingly on town planning in the post war years, when he also became a well known public commentator on domestic architecture in that era of reconstruction. A senior lecturer at University College London, Hoar was an expert on the Bavarian Baroque and wrote histories of English and European architecture at a time when architectural modernism decried the value of an historical approach to architecture. He was also an accomplished watercolour painter, his work on architectural themes having often been exhibited in the Royal Academy in the 1950s and 1960s.
In a wide-ranging career Hoar was probably best known as the cartoonist "Acanthus", where his work appeared in Punch, the Sunday Telegraph, The New Yorker and The Builder magazine; and as "Hope" in the Sunday Express. His cartoons reflected on the home front during the Second World War and were often accompanied by great architectural backdrops. As a cartoonist during the war, Hoar's political cartoons contemplated the long term direction of the war and of the perpetrators of its worst atrocities.
Background and early life
Hoar was born in Faizabad, Oudh then a part of the Indian Empire, to Harold Hoar and Frances (née) Harry, where his father was stationed with the Army Educational Corps. The Hoars were an old Hampshire family, settled in Catherington from the reign of Henry VIII and Lords of the Manor of Lovedean, near Catherington, in the 17th century. Harold Hoar's great uncle, John Jeans, was the Professor of Nautical Astronomy at the Royal Naval College, Portsmouth. The Harry family descend in the male line from the Owens of Lllullo and, ultimately, from Hywel Dda and Rhodri Mawr, 10th-century Kings of Wales. Through that family, Hoar was a kinsman of Richard Nixon, 37th President of the United States.
On the family's return to England, they settled in Devon, where Hoar was educated at Plymouth College. At the age of 15, he won a scholarship to the Bartlett School of Building at University College London (UCL), with which he was to be associated for the best part of his life. Studying under Sir Albert Richardson, PRA, Hoar qualified as an ARIBA in 1931, and was awarded a diploma in Town Planning, having been awarded the Owen Jones Student Medal by the Royal Institute of British Architects (RIBA) whilst an undergraduate. Hoar's interest in architectural history developed during his student years, where he was awarded the Roland Jones prize for the history of Medieval architecture in his second year.
Hoar was a keen rugby player, playing for Saracens 1st XV between 1934 and 1937.
Gatwick Airport
Hoar's entry into the competition for the design of the first Gatwick Airport terminal building was as the leading member of a team of three architectural research students. In the early 1930s, at the beginning of the era of commercial flight, Morris Jackaman had had the idea of a circular terminal, which was well suited to the developing air traffic needs of the time, allowing sufficient aircraft to be positioned in close proximity to the terminal building. Hoar's design catered for these needs by surrounding the round terminal with five ramps, each of which connected to aircraft. The terminal was entered by a tunnel subway connected, in turn, to the railway station. Hoar's designs were commissioned in 1935 and the building still exists, affectionately known as "The Beehive". A model of Hoar's design was included in the gallery of architectural history at the Victoria and Albert Museum in 2004.
War Years and post-war Reconstruction
Following this success, Hoar built an architectural practice in which he was often engaged to design civic buildings, especially in the 1940s and '50s. He was commissioned into the Royal Engineers in Egypt and North Africa during the Second World War where he was mainly engaged on the design of bridges. During his period with the RE, a newspaper reported that he was being considered for an army secondment to the government of Nairobi, where he would work on the re-development of the city, although this approach did not come to fruition.
After the War, Hoar joined the London County Council's architectural department for a short period, before returning to private practice and academe. He was heavily involved in the national discussion and debate about the development and improvement of housing after the War. Aside from his involvement in the design of Council Housing with the LCC, Hoar was commissioned to design and write about the ideal new house in the opinion of the readers of the Sunday Express. His simple design incorporated what were beginning to be seen as household essentials: the fitted kitchen and bathroom, the utility room and the garage. Many of Hoar's cartoons as Acanthus reflected on the demands of pre-fabrication and the ideas behind redevelopment (see further below).
Academic career
Hoar later combined his private architectural and town planning practice with academic positions at UCL, where he was a senior lecturer at the Bartlett School. In a time of architectural asperity, he was well known for his lectures on the Bavarian Baroque - a subject far out of favour with the modernism of the age. Hoar's doctorate was awarded on this subject and a number of his watercolours of the interiors of Bavarian churches were exhibited at the Royal Academy's summer exhibition; as were his watercolours of St Peter's, Rome, a particular favourite. He was elected a Fellow of the Royal Institute of British Architects in the early 1940s. The PhD thesis on the Bavarian baroque set those churches in the context of the social and religious background of the Counter Reformation. Alongside Hoar's drawings, it was illustrated by the series of watercolours he exhibited at the RA. His great interest in architectural history, which manifested itself in his cartoons as much as his architectural and academic practice, led to the publication of his two books on the architectural history of England and Europe. Aimed at the lay reader and illustrated with drawings, plans and cross-sections, these histories draw extensively on the cultural and historical background that gives meaning to the progression of architectural styles. In many ways, they can be seen as a reaction to the prevailing ethos of his era, which spurned the historical purpose in favour of wholly utilitarian approaches; Le Corbusier, for example, famously quipped that the house was a 'machine for living in'. Hoar's hope was that: In time, an increasing interest by the public, a growing awareness of what a building is meant to do, and a keener appreciation of sane planning and fine design will create in England a new architecture that is as essentially English in character as the yeoman's cottage of Tudor times, and blessed with a beauty and a balance that reflect the spirit of what is still one of the most fortunate and envied countries in the world.'
Hoar's wish was, in many respects, to be granted after his death. The utilitarian, concrete architecture of the 1950s and 1960s has gradually fallen out of favour, coupled with a resurgence of traditional architectural design and a renewed appreciation of context and scale. (Compare, for example, the 1990s extension to Magdalen College, Oxford with the college extensions of the post-war period.) The change in public attitudes has been assisted in no small measure by the poor living conditions suffered by so many tenants of tower blocks built in that era.
On his death in 1976 Hoar was buried in Brookwood Cemetery in Surrey.
Political cartoons
Hoar was perhaps best known for his cartoons, as "Hope" in the Sunday Express and as "Acanthus" in Punch. He had started illustrating cartoons as "Acanthus" at the beginning of the War but soon began a series of political cartoons. As his brother, George, had become a prisoner of war at the evacuation of Dunkirk in 1940, it was on security grounds that Hoar decided to publish these cartoons under the by-line of "Hope". These cartoons offered a long term commentary on the progress and evils of the War itself. In one, Hitler, Mussolini and Tōjō glare at a shackled prisoner whose shadow reveals the noose that represents their ultimate fate. Other cartoons focus on the role of Stalin and the impact of the alliance, represented in one cartoon as the Big Three using the swastika as a pivot to squash Hitler.
"Acanthus"
Hoar's cartoons as "Acanthus" combined amusing social commentary with architectural themes and backgrounds. The early cartoons provide a great insight into the Home Front during the Second World War; his subjects included the Home Guard, the crumbling country houses of the aristocracy and the prefabricated housing built after the war. They are also of some historical interest, reflecting as they do the social mores of the day. Hoar's work was later published in The Builder, an architectural and building magazine and in Men Only, then what might now be described as a lifestyle magazine. In the Sunday Telegraph he published pocket cartoons in his later years.
Practicing for his entire career in the age of architectural modernism (which he did not entirely spurn, his buildings being as influenced by the age as those of most architects of his generation), Hoar was fond of using his cartoons to lampoon what he saw as its excesses - especially where they threatened architectural heritage. In doing so, the breadth of his historical architectural knowledge was used to good effect. An example was his skit on a proposal by Frank Lloyd Wright for a new building on the Grand Canal in Venice, published in Punch in 1954, in which Hoar suggests a medley of architectural styles. His cartoons often reflected upon the chastened circumstances of English country houses requisitioned in the War and later left to their decline, a suitable theme for his architectural backgrounds.
Books
* Pen and Ink Drawings (The Studio Publications, 1955)
* Ancestral Manners (The Builder, Ltd, 1961), a satire on the English country house.
* An Introduction to English Architecture (Evans Brothers, 1963)
* European Architecture, From Earliest Times to the Present Day (Evans Bros, 1967)
* Westminster Abbey, Its links with the Famous (Sheldon, London, 1976) (Illustrated, text by Carolyn Scott)
In addition, he illustrated a number of other books.
Family
Hoar married, in 1939, Rosamund Leonard (1909–1983), the daughter of Patrick Leonard, a landowner, former President of the Chamber of Commerce of Dublin and a member of the Irish Dáil, and granddaughter of Simon Mangan of Dunboyne Castle, HM Lieutenant of County Meath, and Margaret (née) Larkin, a first cousin of Brig Gen Paul Kenna, VC. Rosamund was a concert pianist who trained at the Paris Conservatoire and was well known for her performances on Radio Eireann in its earliest years.
They had four children:
* Peter Frank (b 1941), married Julia Legg:
* Christopher;
* Tamara;
* Valerie (b 1944), married Adrian Beatty:
* Jonathan, m Kay Dickson:
* Juliet;
* Caroline, m Matthew Stevenson:
* Joshua Harry;
* Hannah Louise;
* Rose Emily;
* Gerald;
* Sarah.
* John Leonard (b 1947), married Jacqueline Tindal, d of Group Captain Nicolas Tindal-Carill-Worsley:
* Francis;
* Thomas, m Laura, g-dtr of Maj Gen Eric Dorman-O'Gowan:
* Patrick Charles John;
* Alexander Edmund
* Edmund;
* William;
* Jack;
* Nicolas;
* Joseph.
* Diana (b 1952), married Harry Russell:
* Julian;
* Anthony;
* Emily;
* Dominic. | WIKI |
User:Falcons0241/sandbox
TERMS & NAMES
For each term or name below, briefly explain its connection to human prehistory. 1. artifact
2. culture
3. technology
4. hunter-gatherer
5. Neolithic Revolution
6. domestication
7. civilization
8. specialization
9. institution
10.Bronze Age
MAIN IDEAS
11. What kinds of evidence do archaeologists, anthropologists, and paleontologists study to find out how prehistoric people lived?
12. Why did the ability to walk upright and the development of the opposable thumb represent important breakthroughs for early hominids?
13. Why is the prehistoric period called the Stone Age?
14. What evidence supports archaeologists’ beliefs that Neanderthals developed a form of religion?
15. Why do some archaeologists believe that women were the first farmers?
16. What role did the food supply play in shaping the nomadic life of hunter-gatherers and the settled life of farmers?
17. In what areas of the world did agriculture first develop?
18. What economic changes resulted from food surpluses in agricultural villages?
19. Why did the growth of civilization make government necessary?
20. Why did a system of record keeping develop in civilizations? | WIKI |
grallari
Etymology
From.
Noun
* 1) gradual service book for the mass (refers primarily to the Graduale of Guðbrandur Þorláksson since its publication in 1594)
* 2) plaice
* 3) the front part of the ling, cut into two pieces
* 4) a large cod
* 5) a person who plays around a lot and tries to be funny; clown | WIKI |
Europe ETFs Are Suffering From Low Investor Confidence
Europe exchange traded funds have been under pressure this year, and the immediate future prospects don't look all that promising.
Year-to-date, the Vanguard FTSE Europe Index Fund ETF Shares (NYSEArca: VGK) has fallen 8.5%, and the iShares MSCI Eurozone ETF (BATS: EZU) has dropped 11.7%.
ETF investors have also been dumping their exposure to European markets. For instance, VGK has seen close to $240 million in outflows, while EZU experienced about $150 million in outflows, according to ETF Database data.
Investor morale in the Eurozone is now at its lowest level in almost two years as of April, hinting at a potential recession for the Euro bloc in the quarter ahead, Reuters reports.
The Sentix's index for the Eurozone, a comprehensive poll of German investors about their opinion of the markets, fell to -18.0 in April from -7.0 in the previous month, touching its lowest level since July 2020. The sentiment index's decline was much worse than Reuters' poll, which had pointed to a reading of -9.2.
Meanwhile, a current conditions index dipped to -5.5 from 7.8, reflecting its lowest level since April of 2021, while an expectations index dropped to -29.8 from -20.8, its lowest level since December 2011.
The dip in March's investor morale was largely expected due to the start of the war in Ukraine and the associated uncertainty. The strong fall in sentiment for April comes as the war extends and Western countries eye additional sanctions against Russia, fueling further uncertainty.
Sentix warned that the ongoing Russia-Ukraine war and sanctions, along with additional uncertainties, could drag the Eurozone economy toward a recession.
"Investors do not expect that the central bank can rush to the rescue with a more relaxed, more expansive monetary policy because of the still considerable pace of inflation growth," Sentix told Reuters.
While sentiment was dropping globally, Sentix highlighted the more severe decline for the Eurozone, saying, "No region is able to resist the negative momentum at the moment, even the important Asian region is already fighting stagnation."
For more news, information, and strategy, visit ETF Trends.
Read more on ETFtrends.com.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
Johan Wollebæk
Johan Herman Wollebæk (16 November 1875 – 24 October 1940) was a Norwegian jurist and diplomatist. He worked with international law, and is known for his time as leader of the Norwegian legation in Stockholm from 1921 to October 1940, a period which includes the early phase of World War II.
Personal life
He was born in Lier as the son of Colonel Sigvard Polidor Wollebæk (1835–1920) and his wife Anine Julie Augusta Dahl (1834–1912). He was the brother of zoologist Alf Wollebæk, and on the maternal side he was a descendant of Carl Adolph Dahl and Carl Adolf Dahl.
In December 1912 he married Ida Fredrikke Gram (1880–1967), a daughter of the former Prime Minister Gregers Winther Wulfsberg Gram. Through his wife, he was the brother-in-law of Harald Gram and uncle of Gregers Gram.
Career
Wollebæk went to school in Drammen and Lillehammer. He finished his secondary school in 1893, and graduated from the University of Kristiania with the cand.jur. degree in 1898. He began his career in the foreign service a few years later, as a secretary in the Ministry of Trade. His first assignment abroad came while the Union between Sweden and Norway still existed, as an attaché at the two countries' legation in Paris. Following the dissolution of the union in 1905, Norway established its own Ministry of Foreign Affairs, and he was promoted to subdirector in 1909 and deputy under-secretary of state in 1916.
He worked with international law, as chairman of Sjøgrensekommisjonen, and delegate to the Spitsbergen conferences in 1912 and 1914. He was minister (leader) of the Norwegian legation in Berlin from 1920 to 1921, and in 1921 he was given the same position the Norwegian legation in Stockholm, following the death of Francis Hagerup. He remained here until 1940.
Following 9 April 1940, when Norway was invaded and subsequently occupied by Nazi Germany, Stockholm became an important city for Norwegian politics. Wollebæk had refused to obey the orders of Vidkun Quisling—who during the German invasion declared a Fascist coup d'état—and the Norwegian legation in Stockholm was soon reinforced with additional personnel. Jens Bull, the highest-ranking civil servant in the Ministry of Foreign Affairs, was sent to Stockholm, and the Norwegian government-in-exile, once secure in London, sent its representatives. Wollebæk participated in negotiations in the summer of 1940, but at the same time he fell ill. He died in October 1940, being succeeded by Jens Bull. Before the war ended, more than 50,000 Norwegians had fled to Sweden.
Wollebæk was decorated as a Commander of the Royal Norwegian Order of St. Olav in 1922. He received the Grand Cross of the Swedish Order of the Polar Star and the Spanish Order of Isabella the Catholic, and was Commander of the Danish Order of the Dannebrog and the Swedish Order of Vasa. | WIKI |
B. V. Hain
Bruce Valentine Hain (September 3, 1915 – August 11, 1995) was American politician who served as a member of the Alabama House of Representatives from 1954 to 1970, representing Dallas County, Alabama. He lived in Selma, Alabama and was an attorney. | WIKI |
Larsen
Larsen may refer to:
People
* Larsen (surname)
Geography
* Larsen Bay, in Alaska, United States
* Larsen Channel, in Antarctica
* Larsen Ice Shelf, in Antarctica
* Larsen Islands, in Antarctica
* Larsen, Wisconsin, in United States
* Cape Larsen and Larsen Bay in American Samoa
Other
* "Larsen", song by Zazie
* Larsen effect, special kind of feedback which occurs when a loop exists between an audio input and an audio output
* Larsen syndrome, a rare congenital disorder of affecting joints and facial features
* Larsen & Toubro, an Indian engineering and construction conglomerate
Distinguish from
* Larceny, a form of theft | WIKI |
Acid-base balance and oxygen saturation of fetal scalp blood during normal and abnormal labors
Thomas D. Kerenyi, Stephen Falk, Richard D. Mettel, Barbara Walker
Research output: Contribution to journalArticlepeer-review
6 Scopus citations
Abstract
Fetal scalp, maternal antccubital vein, and umbilical artery and vein blood determinations were performed to ascertain the acid-base status and oxygen saturation of 33 patients and fetuses during labor. To date, no effort has been made to correlate oxygen saturation with scalp blood pH and fetal well-being. Three groups of patients were formed according to the clinical course of the parturient and the status of the newborn as evaluated by the Apgar scoring system. Statistical analysis of the data revealed fetal scalp blood pH to be the best measurement of fetal well-being during labor. The pH of blood from the umbilical vein was a good indicator at the time of delivery. Statistically, oxygen tension values were not significantly different among the three groups and could not be correlated with the other measurements. Oxygen tension is subject to wide and rapid fluctuations which are usually not reflected in subsequent biochemical changes unless the hypoxia is prolonged and sufficiently severe.
Original languageEnglish
Pages (from-to)398-404
Number of pages7
JournalObstetrics and Gynecology
Volume36
Issue number3
StatePublished - Sep 1970
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Page:Reuben and other poems.pdf/13
Begloom’d; but, childlike, telling to the sun Its every little pebble, yet with means Abundant in its strait and shallow scope To charm the glad, the weary to revive, And cleanse the travel-stain’d. Not very wise, And no way great was Mercy—save in prompt And plain goodwill: the gracious wish to please, The gracious inclination to be pleas’d; No queen o’ertopp’d her there.
And like some rock Was Reuben, which the singing stream endues With fern and fresh green mosses, which no less Of the sweet song the mute occasion is. Older than Mercy by ten years, more aged By thirty, bow’d in body, slow, infirm, But of a sure mind, he was much her charge Yet order’d both their lives. A gaunt old man With settled lips and deep dumb eyes of blue (A diver he had been, and some shy sense, Of that inhuman isolation bred In the remote dim regions of the sea, Possess’d him still, and like an unseen wall Secreted him from neighbourhood, in show If not in fact): a man of his own way, Of even judgment and a quiet heart: Just before generous, generous after just: Who, when boys robb’d his garden, prosecuted— “In rightness to the neighbours and the boys,” | WIKI |
Page:The American Indian.djvu/133
Rh native Mexican weaving are clear and also the general resemblance to Peruvian styles previously noted (Fig. 45).
When we turn to the pottery of this region, even less survives among the living peoples so that any study of the ceramic art also becomes essentially archæological. However, the
ceramic collections in our museums are not extensively embellished with painted designs. In contrast to the pottery of the Pueblo area they are plain, modeling in relief and realistic painting here taking the place of mere design. In the Panama area, including Costa Rica and the Chiriqui district, we have a complex of alligator and armadillo designs, recalling again Peruvian and some modern Mexican textile decorations. In a few instances the Maya were particularly successful with | WIKI |
Category talk:Redirects from sort names
Split this category?
This is a very large category, and I would like to propose splitting it (and the subcategory for ambiguous redirects) in one of two ways. Either it could be split by letter by the name of the redirect (so that "Smith, Dudley" would go into a Category:Redirects from sort names, S), or by letter by name of the target page (so that "Smith, Dudley" would go into a Category:Redirects from sort names, D). Either way, a bot could do the sorting. Alternately, we could use both schemes, and have both a Category:Redirects from sort names, S and a Category:Redirects from sort names, target D. Cheers! bd2412 T 10:58, 27 May 2018 (UTC)
* Yikes! Having had a quick look at a couple of entries, IMO this sort of category should be deprecated. Heavily. And cleaned out, emptied, and closed. What kind of use are things like Category:Agatha Christie character redirects to lists and Category:Cheers episode redirects to lists to anyone? Narky Blert (talk) 01:13, 28 May 2018 (UTC)
* , perhaps my proposal was not clearly worded, as it has nothing to do with any of those categories. I am solely concerned here with Category:Redirects from sort names (which is a basic maintenance category, and can not be emptied or closed). That category and its subcategory for ambiguous sort names, are the ones I would like to subdivide. bd2412 T 21:31, 30 May 2018 (UTC)
* With that more limited purpose in mind: I would suggest subdividing (a) alphabetically, and (b) by the sortkey on the top-level article. Taking my two examples: Agatha Christie would be sorted as "Cristie, Agatha" and Cheers as "Cheers". Taking your example: Dudley Smith would be sorted as "Smith, Dudley". People are accustomed to look for prime words like programme titles and surnames; much less so for given names. Narky Blert (talk) 21:55, 30 May 2018 (UTC)
* Coming by chance across this discussion again has reminded me of what I see as a problem. R from sort name is printworthy, and it doesn't accept an 'unprintworthy' parameter. Adding unprintworthy classifies the redirect both ways. This means that in the hypothetical printed Wikipedia index, appear both and Albert Einstein (DEFAULTSORTed as 'Einstein, Albert'). The same is true for those few hndis pages which have a sortname redirect (which was how I noticed this issue). IMO R from sort name should be unprintworthy by default, because it is almost axiomatic that that the redirect and the target will have the identical sortkey. Narky Blert (talk) 11:36, 3 May 2020 (UTC) | WIKI |
CBD: A Simple Definition – Graphic Tee Coach
CBD: A Simple Definition
Steve’s AnswersCategory: QuestionsCBD: A Simple Definition
Consuelo Cavanaugh asked 6 months ago
How Full Spectrum CBD Oils Work
CBD interacts with the endocannabinoid (ECS) system within your body. This system assists in controlling many processes, including movement, pain, mood, thinking and appetite.
CBD has been shown in a few studies to aid with anxiety, depression and insomnia. It may also help reduce the desire to drink alcohol, opioids and stimulants.
CBD is being investigated to treat seizures associated with epilepsy. It was found that it significantly reduced seizures in children suffering from Dravet Syndrome, a complex childhood epilepsy disorder.
Extraction
The demand for full spectrum CBD products is growing. They contain all of the different cannabinoids contained in a single oil. These oils are great for those who wish to experience the full effect of cannabis plants, not just THC and CBD. It is important to know the process of extraction used to extract these oils. This will help you select a top-quality product and understand exactly what you can expect.
One of the most popular methods for extracting CBD is supercritical CO2 extraction. This method involves changing CO2’s state from liquid to solid by manipulating temperature and pressure. It’s an efficient and safe method to produce high-quality CBD oil.
Steam distillation is a common method of CBD extraction. This centuries-old process is similar to the process used for distilling alcohol and can be used to make full-spectrum hemp oil. This method is less complicated than CO2 extraction and can be used on smaller scale. It’s less efficient and more prone to errors than CO2 extraction.
Ethanol is another method of CBD extraction. It’s cheaper than CO2 and doesn’t require expensive equipment. It is a volatile solvant and requires special safety precautions. This type of extraction is typically employed by small-scale producers.
Before a manufacturer can extract CBD, they must decarboxylate the active organic substances in the plant. This process transforms the acidic THCA molecules and CBDA molecules to their THC and CBD counterparts. This step is important because it ensures the cannabinoids have been activated.
In addition to the cannabinoids this process also eliminates chlorophyll and other water-soluble elements. This is essential for creating an uncontaminated and pure CBD oil. The final step is winterization, which helps to separate the CBD oil from other natural compounds. This makes the CBD extract more pure and effective.
There are a variety of ways to extract CBD however, not all of them yield the same results. Some extracts contain a combination THC and CBD, whereas others contain just THC or CBD. The distinctions between these extracts are mostly due to the level of cannabinoid content. Certain extracts have more potency than others and may also have different side effects.
Dosage
It is crucial to know how much CBD is contained in every dose of the product you are using. The dosage is typically based on the condition you’re treating and how intense your symptoms are. For instance, someone suffering from anxiety might require more dosages than someone suffering from pain. Also, you should consider your body weight and any other medications you may be taking.
The best way to determine the appropriate CBD dosage is to start low and gradually increase the amount. This will stop you from developing a tolerance and then needing more to get the same effect. The excess dosage can be harmful and may cause serious adverse effects.
CBD has been found to reduce depression and anxiety. It also works in treating PTSD and mood disorders. It can also reduce the frequency of seizures caused by certain types of epilepsy. However, it’s too early to establish whether CBD can treat other ailments.
For pain it is advised to begin with a small amount of CBD and gradually increase it as time goes by. In general, a small amount of CBD is sufficient to ease pain. Think about combining CBD with other methods of treatment like acupuncture or massage. This could be a more comprehensive approach to pain management.
CBD has been proven to aid in treating inflammatory conditions such as fibromyalgia, rheumatoid and arthritis. It can also help reduce stress and improve sleep. Both of these are common causes of pain. It can also aid in easing nausea and vomiting that is associated with chemotherapy.
CBD is being studied to see if it can alleviate the symptoms of Parkinson’s. One study found that it can significantly reduce the severity of psychosis however more research is required to confirm this. CBD is believed to affect serotonin levels in the same way to antidepressants. Additionally, it is believed to have anxiolytic properties. CBD has been shown to decrease social anxiety in numerous studies. In one experiment participants who took the 300-mg CBD pills experienced less anxiety when they were asked to do a test on public speaking than those who didn’t take the placebo.
Side effects
CBD’s ability to relieve pain has been the focus of the majority of studies of its effects. Certain patients have also experienced side effects such as stomach discomfort and changes in alertness. These side effects could result from changes in the way your body digests CBD, or interactions with other medications or supplements. These side effects are more common when you take higher doses.
CBD has been shown in studies to reduce anxiety in people suffering from specific mental disorders, such as post-traumatic disorder (PTSD). In an investigation of 57 people who suffered from PTSD, CBD was found to reduce anxiety and cravings caused by drug-related cues. It also decreased physiological measures like heart rate and salivary cortisol as well as other physiological measures. Researchers must conduct more research on CBD as an addition treatment for PTSD as well as other ailments.
Another area of research on CBD is its effects on depression and psychosis. CBD seems to work the same as antidepressant medication in a handful of small studies. It may also reduce the symptoms of psychosis. However, more research is required to confirm this.
In a study involving 276 people suffering from MS, CBD reduced spasticity in 75% of the participants. The FDA has also endorsed Epidiolex, the prescription CBD product to treat seizures caused by two severe epilepsy forms: Lennox Gastaut syndrome and Dravet Syndrome.
Other studies have demonstrated that CBD can help improve sleep and reduce the frequency of nightmares. CBD may also help with sleep disorders like restless leg syndrome and insomnia. It is also used as a sleep aid along with other medication. It should not be used in conjunction with sedatives since it can cause you to become drowsy.
Before you begin using CBD, it is important to consult your doctor. It can interact with some medications, including blood thinners, and other drugs that come with warnings like “grapefruit” warning. It can affect heart rate and blood pressure. Be aware in case you are nursing or pregnant.
Safety
CBD has been proven to provide antipsychotic and anxiolytic benefits. It can also help stop seizures in epilepsy patients, however more research is needed. It has also been shown that it may reduce inflammation and assist in the management of pain. However, more quality research is needed. In addition, it can lower your blood pressure and improve your artery function.
Despite the evidence, there are still questions about the use of CBD. CBD isn’t regulated and consumers should be careful about the source they purchase from and how much they consume. A study revealed that more than 70 percent of CBD products sold online were mislabeled, and some contained more than the stated amount. These products that are contaminated could cause various health issues that include toxicity as well as alcohol intoxication.
There are also concerns regarding interactions between CBD and other medications especially SSRIs. These can cause various side effects, including drowsiness changes in appetite, and weight gain. However it is true that the FDA has approved a medicine that contains CBD to treat seizure disorders. Other CBD products are available, and they’re frequently used for many conditions, including anxiety and depression.
premium cbd oil shop interacts with serotonin receptors in the brain, resulting in a calming affect. It can also relieve anxiety and pain. It is being investigated to determine whether it has any impact on psychotic disorders. Certain controlled trials that are randomized (RCTs) have indicated that CBD could be effective in the treatment of anxiety and psychotic disorders, but the results are difficult to replicate.
RCTs are restricted in their scientific design, the size of the sample size, and CBD oil duration of observation, making it difficult to generalize the results. Real-world evidence (RWE) can provide valuable insights and supplemental information about the use and security of CBD. RWE can detect patterns and trends that are that are difficult to discern using other sources of data.
CBD may cause minor CBD oil and short-lived dangers. CBD can, for instance, interact with certain drugs like warfarin, for example, by competing with liver enzymes that break down and metabolize the drugs. It may also interact with certain antidepressants and benzodiazepines It is therefore important to consult with your doctor before trying it. | ESSENTIALAI-STEM |
ICG Enterprise Trust Plc: Voting Rights and Capital
ICG Enterprise Trust plc (the “Company”) 1 November 2022 Voting Rights and Capital In accordance with the FCA's Disclosure Guidance and Transparency Rule 5.6.1R the Company would like to notify the market of the following: At the close of business on the 31 October 2022, the Company had 72,913,000 Ordinary shares in issue, of which 4,425,945 were held in Treasury. Therefore, the total number of voting rights in the Company was 68,487,055. The above figure 68,487,055 may be used by Shareholders a | NEWS-MULTISOURCE |
Dendrobium macranthum
Dendrobium macranthum is a species of orchid native to New Caledonia, the Santa Cruz Islands, Vanuatu, and Wallis and Futuna. It was described by French botanist Achille Richard in 1834. | WIKI |
Online Dental Education Library
Our team of dental specialists and staff strive to improve the overall health of our patients by focusing on preventing, diagnosing and treating conditions associated with your teeth and gums. Please use our dental library to learn more about dental problems and treatments available. If you have questions or need to schedule an appointment, contact us.
Scaling and Root Planing
We remove the plaque through a deep-cleaning method called scaling and root planing. Scaling means scraping off the tartar from above and below the gum line. Root planing gets rid of rough spots on the tooth root where the germs gather, and helps remove the bacteria that contribute to the disease.
Medications
Medications may be used with treatment that includes scaling and root planing, but they cannot always take the place of surgery. Depending upon the severity of gum disease, we may still suggest surgical treatment. Long-term studies will be needed to determine whether using medications will reduce the need for surgery and whether they will be effective over a long period of time. Here are some medications that are currently used:
Medication What is it? Why is it used? How is it used?
Prescription antimicrobial mouthrinse A prescription mouthrinse containing an antimicrobial agent called chlorhexidine To control bacteria when treating gingivitis and after gum surgery Used like a regular mouthwash
Antiseptic "chip" A tiny piece of gelatin filled with the medicine chlorhexidine To control bacteria and reduce the size of periodontal pockets After root planing, it's placed in the pockets where the medicine is slowly released over time.
Antibiotic gel A gel that contains the antibiotic doxycycline To control bacteria and reduce the size of periodontal pockets Placed in the pockets after scaling and root planing, the antibiotic is released slowly over a period of about seven days.
Antibiotic micro-spheres Tiny, round particles that contain the antibiotic minocycline To control bacteria and reduce the size of periodontal pockets Micro-spheres placed into the pockets after scaling and root planing, the particles release minocycline slowly over time.
Enzyme suppressant A low dose of the medication doxycycline that keeps destructive enzymes in check To hold back the body's enzyme response -- If not controlled, certain enzymes can break down gum tissue This medication is in pill form. It is used in combination with scaling and root planing.
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Search through our library of dental topics, including articles, fun facts, celebrity interviews and more. | ESSENTIALAI-STEM |
Solved thread
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Select in Select
I need to execute that SQL query:
SELECT * FROM (SELECT * FROM Messages WHERE author = :userId: OR target = :userId: ORDER BY timestamp DESC) as one_base GROUP BY author, target ORDER BY timestamp DESC LIMIT 12
But as a result i get only it:
Syntax error, unexpected token (, near to 'SELECT * FROM Messages WHERE author = :userId: OR target = :userId: ORDER BY timestamp DESC) as one_base GROUP BY author, target ORDER BY timestamp DESC LIMIT 12', when parsing: SELECT * FROM (SELECT * FROM Messages WHERE author = :userId: OR target = :userId: ORDER BY timestamp DESC) as one_base GROUP BY author, target ORDER BY timestamp DESC LIMIT 12 (176)
It would be better to somehow transform query so that it fits into the framework PHQL, to attempt it with pure SQL.
Explanation of the need for such query on the Russian: Первый (вложеный) запрос выбирает все сообщения между текущим пользователем и другими возможными собеседниками, сортируя их по убыванию времени, чтобы наверху были только самые новое сообщения. Вторым запросом я группирую эти сообщения по паре "autho-target" и опять же сортирую по убыванию времени написания. Таким образом получается по 2 сообщения на диалог: "я-ты" и "ты-я", которые за тем уже в цикле приводятся к виду только с самым последним сообщением.
90.6k
Accepted
answer
PHQL does not support subqueries, you can use a raw query there: http://docs.phalconphp.com/en/latest/reference/phql.html#using-raw-sql | ESSENTIALAI-STEM |
Václav Láska (politician)
Václav Láska (born 4 August 1974 in Rakovník. ) is a Czech politician and head of the Senator 21 party, which he founded in 2017. He was elected to the Czech Senate during the 2020 election. Láska ran as independent with the support of Czech Pirate Party. Besides his political career he is a barrister, former police investigator and chairman of the board of Transparency International.
Biography
He worked in the ranks of the Police of the Czech Republic from the age of 18. He started as a rank-and-file police officer in the district department, later worked as an assistant investigator and then an investigator at the Regional Investigation Office, specializing in economic crime. In 1999, he joined the Office of Financial Crime and State Protection (ÚFKOS), where he led investigations related to IPB and the Harvard funds.
After the demise of ÚFKOS in 2003, he left the ranks of the police, briefly worked in the field of economic consulting, and in 2007 he also worked for a few months at the ABL security agency. While employed, he studied social pathology at the University of Pedagogy in Hradec Králové in 1996–1999, and law at the Law Faculty of the University of West Bohemia in Pilsen in 1999–2004.
From 2002 he worked at Transparency International, until 2011 he was the chairman of the board of directors. He has been practicing law since 2004. In July 2007, Minister of the Interior Ivan Langer rejected Láska's request for a waiver of confidentiality, the approval of which would have allowed him to testify in the USA in the case of Viktor Kožený. According to spokeswoman Alena Vokráčková, the reason was "the difference in the legal systems of both countries". He has been running his own law firm since 2010. He lectures on legal and security issues for private companies and teaches at the Czech Technical University in Prague CTU. In 2011, he analyzed the Promopro case, filed a criminal complaint in the case, which led to the initiation of criminal prosecution of high-ranking state officials. | WIKI |
Page:Principia Ethica 1922.djvu/124
90 For our question is now solely what the end is: it is quite another question how far that end may be attainable by itself, or must involve the simultaneous attainment of other things. It may well be that the practical conclusions at which Utilitarians do arrive, and even those at which they ought logically to arrive, are not far from the truth. But in so far as their reason for holding these conclusions to be true is that 'Pleasure alone is good as an end,' they are absolutely wrong: and it is with reasons that we are chiefly concerned in any scientific Ethics.
53. It seems, then, clear that Hedonism is in error, so far as it maintains that pleasure alone, and not the consciousness of pleasure, is the sole good. And this error seems largely due to the fallacy which I pointed out above in Mill—the fallacy of confusing means and end. It is falsely supposed that, since pleasure must always be accompanied by consciousness (which is, itself, extremely doubtful), therefore it is indifferent whether we say that pleasure or the consciousness of pleasure is the sole good. Practically, of course, it would be indifferent at which we aimed, if it were certain that we could not get the one without the other; but where the question is of what is good in itself—where we ask: For the sake of what is it desirable to get that which we aim at?—the distinction is by no means unimportant. Here we are placed before an exclusive alternative. Either pleasure by itself (even though we can't get it) would be all that is desirable, or a consciousness of it would be more desirable still. Both these propositions cannot be true, and I think it is plain that the latter is true; whence it follows that pleasure is not the sole good.
Still it may be said that, even if consciousness of pleasure, and not pleasure alone, is the sole good, this conclusion is not very damaging to Hedonism. It may be said that Hedonists have always meant by pleasure the consciousness of pleasure, though they have not been at pains to say so; and this, I think is, in the main, true. To correct their formula in this respect could, therefore, only be a matter of practical importance, if it is possible to produce pleasure without producing consciousness of it. But even this importance, which I think our conclusion so far really has, is, I admit, comparatively slight. | WIKI |
MATLAB Answers
Anonymous Function soustraction problem with a parameter
1 view (last 30 days)
Ca Mai
Ca Mai on 23 Oct 2020
Commented: Ca Mai on 26 Oct 2020
Hello. ı want to plot a correlation between the received power (Pr(dB)) and the frequency (f)(variable of an anonymous function PL_dB). my equation is Pr_dB = @(f) TXPower - PL_dB(f);
where Pr_dB is the received power,
TXPower the transmitted power. TXPower is a parameter that can be enter from the GUI,
PL_dB the path loss. it is function of the frequency f.
the problem with the code is that the Pr(dB) gives me wrongs answers.
Pr_dB =30 -102= -72 but the code gives me 41 as Pr_dB value. Can someone please help me with that? here below is the code.
close all;
clear variables;
clc;
%--------------------------------------------------------------------------
SF=4.0;% Shadow fading standard deviation in dB
d0=1;% Free space reference distance in meters
c = 3e8; %% speed of light (m/s)
h_BS = 15; % Base station height in meters (10-150 m), only used for the RMa scenario
TXPower=30;
TRDistance= 100;
lambda = @(f) (c/(f*1e9));
%Path Loss
PL_dB =@(f)( 20*log(4*pi*d0*f*1e9/c) + 30.7*(1-0.049*((h_BS-35)/35))*log((TRDistance)) + SF*randn);
%Received power
Pr_dB =@(f) TXPower - PL_dB(f);
%verify (PL_dBm), (Pr_dBm)and (TXPower) values
fprintf('the path loss is %d , the received power is %d .\n ',func2str(PL_dB) ,func2str(Pr_dB));
fprintf('the TX is %d .\n',(TXPower));
%ploting the the recived power depending on the frequency
figure;
fplot(Pr_dB, [1,28]);
xlabel('f');
ylabel('Pr_dB');
2 Comments
Rik
Rik on 23 Oct 2020
Without your input variables it is impossible to run your code. So right now we can't confirm your desired output is correct, nor that there is an actual problem with your code. Try to make a MWE so we can run your code without any other dependencies and can reproduce your issue.
Ca Mai
Ca Mai on 23 Oct 2020
ok. ı have already done that. I removed all the dependencies.
Sign in to comment.
Accepted Answer
Rik
Rik on 23 Oct 2020
You were not actually evaluating the function for values of f; you were entering the anonymous function as a char array.
%verify (PL_dBm), (Pr_dBm)and (TXPower) values
for f=linspace(1,28,30)%1 to 28 in 30 steps
fprintf('the path loss is %.0f , the received power is %.0f .\n ',PL_dB(f) ,Pr_dB(f));
end
fprintf('the TX is %d .\n',(TXPower));
3 Comments
Rik
Rik on 23 Oct 2020
You're welcome. If this solved your question, feel free to mark my answer as accepted answer. If not, feel free to comment with your remaining issues.
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Yuan Forwards Complete Weekly Drop as Commodities Prices Slide
Yuan forwards had their biggest weekly
loss this year on speculation slides in commodities prices will
deter China , the world’s No. 1 importer of copper, cotton and
soybeans, from allowing faster appreciation to damp inflation. The contracts also weakened as a Purchasing Managers’ Index
indicated manufacturing is cooling, fanning speculation policy
makers will resist yuan gains that may hurt exports. The
Standard & Poor’s GSCI Index of commodities has lost 12 percent
so far this week, poised for its biggest loss since December
2008. Inflation reached a 32-month high of 5.4 percent in March
and is expected to peak before June, Fan Gang , a former academic
adviser to the People’s Bank of China, said yesterday. “Investors are reassessing the degree China would need to
appreciate its currency to contain imported inflation,” said
Dariusz Kowalczyk, senior economist at Credit Agricole CIB in
Hong Kong . “The PMI data was softer and if the government is
confident that inflation will peak soon, we may not see the
currency gaining as much as it did in April. Recent commodity-
price declines could also ease China’s inflationary pressure.” Twelve-month non-deliverable forwards dropped 0.81 percent
this week to 6.3565 per dollar as of 16:34 p.m. in Hong Kong.
The contracts reflected bets the yuan will strengthen 2.2
percent from the spot rate of 6.4938, according to data compiled
by Bloomberg. The yuan closed little changed in Shanghai , ending
a run of seven weekly gains that drove the currency to a 17-year
high of 6.4892 on April 29, according to the China Foreign
Exchange Trade System. PBOC Policy In Hong Kong’s offshore market, the yuan fell 0.36 percent
this week to 6.4830 per dollar. The People’s Bank of China set
the yuan’s reference rate 0.03 percent stronger today at 6.5003
per dollar, before U.S.-China economic talks next week. The
fixing was 6.4990 on April 29, the strongest level since July
2005. Exchange-rate policies aren’t likely to change
“dramatically in the foreseeable future,” Fan said in an e-
mail to Bloomberg News late yesterday. China’s monetary policy
may shift to “less tightening” in the second half of this year
after inflation likely peaked in April or this month, he said. The price of crude oil dropped 15 percent this week as U.S.
services and employment data indicated the world’s biggest
economy is slowing. China is the second-largest importer of the
fuel and, according to the China Petroleum & Chemical Industry
Association, bought 54 percent of the crude it used in 2010. U.S.-China Talks U.S. officials will press their Chinese counterparts at a
meeting next week to let the yuan strengthen more rapidly, a
Treasury Department official said yesterday. Treasury Secretary
Timothy F. Geithner and Secretary of State Hillary Clinton will
meet with Chinese officials including Vice Premier Wang Qishan
and State Councilor Dai Bingguo on May 9 and 10 in Washington .
Federal Reserve Chairman Ben S. Bernanke and People’s Bank of
China Governor Zhou Xiaochuan will also participate. Geithner has reiterated this week ahead of the meetings the
Obama administration’s position that China should let the yuan
strengthen. Some U.S. lawmakers say China’s currency policy
gives the nation’s exporters an unfair competitive advantage. The yuan will appreciate 3.1 percent to 6.30 per dollar by
the end of this year, leading gains among Asia ’s 10 most-used
currencies, according to the median estimates in Bloomberg
surveys of analysts. To contact the reporter on this story:
Fion Li in Hong Kong at
fli59@bloomberg.net To contact the editor responsible for this story:
Sandy Hendry at
shendry@bloomberg.net | NEWS-MULTISOURCE |
What Are The Symptoms Of Toxoplasmosis In Humans?
Toxoplasmosis is a parasitic infection that can cause a variety of flu-like symptoms in humans. The most common symptoms include fever, headache, muscle aches, and fatigue.
In some cases, the infection can also lead to more serious complications such as pneumonia or encephalitis.
How do you know if you’ve had toxoplasmosis?
Toxoplasmosis is a parasitic infection caused by the protozoan Toxoplasma gondii. Symptoms of toxoplasmosis can include fever, muscle aches, and fatigue.
A blood test can be used to determine if you have toxoplasmosis , and treatment may include antibiotics.
Can humans be treated for toxoplasmosis?
Yes, humans can be treated for toxoplasmosis, but the treatment is generally not recommended because it is usually not very effective. Treatment typically involves taking antibiotics for a period of time.
Some people may also need to take antifungal medications.
How long does it take for toxoplasmosis to show symptoms?
Toxoplasmosis is a parasitic infection caused by the parasite Toxoplasma gondii. Infection with T. gondii can cause serious illness in both humans and animals.
The incubation period for toxoplasmosis is variable, but typically ranges from two to ten weeks. Symptoms may take up to two weeks to appear, but can often be mild and include fever, muscle aches, and fatigue.
In severe cases, toxoplasmosis can lead to pneumonia, encephalitis, and even death.
Where is toxoplasmosis most commonly found?
Toxoplasmosis is most commonly found in people who are infected with the parasite Toxoplasma gondii. The parasite is commonly found in the feces of cats, and can be spread to people through contact with the feces of an infected cat or through eating contaminated food.
What happens if toxoplasmosis is not treated?
Toxoplasmosis is an infection caused by the parasite Toxoplasma gondii. If left untreated, toxoplasmosis can cause serious health problems, including blindness, hearing loss, and even death.
Some of the health problems that can be caused by toxoplasmosis include:
-Pregnancy complications, including stillbirths and congenital heart defects
-Severe arthritis
-Intestinal problems, including loss of appetite, diarrhea, and abdominal pain
-Pneumonia
-Brain damage
If you are pregnant, you should always check to see if you have toxoplasmosis. If you do have toxoplasmosis, you should take antibiotics to treat the infection.
You should also avoid close contact with people who are sick, and you should wash your hands often to avoid getting toxoplasmosis.
How long does toxoplasmosis stay in your body?
Toxoplasmosis is a parasitic infection caused by the Toxoplasma gondii bacterium. The average person can be infected with Toxoplasma gondii and not know it, as the parasite can be Passed from person to person without symptoms.
Toxoplasmosis can remain in your body for weeks or even months. The parasite can be found in the saliva or mucus of an infected person.
The parasite can also be found in the environment, such as soil or water.
Does toxoplasmosis affect human behavior?
There is limited research on the topic of toxoplasmosis and human behavior. However, some studies have suggested that toxoplasmosis might affect human behavior in ways that are not yet fully understood.
For example, some studies have suggested that toxoplasmosis might increase the risk of developing mental health problems, such as anxiety or depression. It is not clear why toxoplasmosis might increase the risk of developing mental health problems, but it is possible that the parasite affects the brain in some way.
More research is needed to determine whether toxoplasmosis actually affects human behavior in these ways.
What are the long term effects of toxoplasmosis?
The long term effects of toxoplasmosis depend on the severity of the infection, the person’s age, and other health factors. Serious infections can cause problems with the brain and spine, hearing loss, and eye problems.
Pregnant women can also develop serious birth defects if they have a toxoplasmosis infection.
Do indoor cats carry toxoplasmosis?
Yes, cats can be infected with toxoplasmosis and can pass the infection to other cats through their feces. Toxoplasmosis can cause serious health problems in cats , including blindness, seizures, and even death.
It is important to keep your cat indoors to prevent them from becoming infected and to prevent them from passing the infection to other cats.
How do you get infected with toxoplasmosis?
Toxoplasmosis is a parasitic infection caused by the parasite Toxoplasma gondii. The parasite is spread through the feces of infected cats and is most commonly spread through the ingestion of eggs that have fallen from the cat’s feces.
However, the parasite can also be spread through contact with the blood or tissues of an infected person. Toxoplasmosis can also be spread through sexual contact with an infected person.
Individuals who are infected with toxoplasmosis will experience flu-like symptoms, including fever, muscle aches, and headache. These symptoms can last for weeks, but typically resolve within a few weeks.
However, in some people, the infection can result in serious health problems, including blindness, hearing loss, and even death.
The best way to avoid getting toxoplasmosis is to avoid contact with cats, their feces, and any blood or tissue from an infected person. If you do get toxoplasmosis , be sure to get treatment to ensure your health and that of your family members is protected.
Can you get toxoplasmosis from cat urine?
Theoretically, yes, you can get toxoplasmosis from cat urine. However, the risk of contracting toxoplasmosis from cat urine is extremely low.
The Centers for Disease Control and Prevention (CDC) recommends that people avoid contact with cat feces, which is the primary means by which toxoplasmosis is spread.
How do humans get toxoplasmosis?
Humans can get toxoplasmosis by ingesting food or water that has been contaminated with the parasite. The parasite can also be spread through contact with an infected person, such as through contact with their saliva, blood, or feces.
Most people who get toxoplasmosis do not experience any symptoms. However, some people who are infected can develop serious complications, such as encephalitis (a viral infection of the brain), blindness, or severe hearing loss.
Conclusion
Toxoplasmosis is caused by the protozoan Toxoplasma gondii, which can infect all warm-blooded animals. In humans, toxoplasmosis usually causes no symptoms or only mild ones.
These can include muscle aches and pains, fever, tiredness, and headache. However, the infection can be more serious in people with weakened immune systems, such as those with HIV/AIDS or cancer.
It can also cause problems for pregnant women and their babies. | ESSENTIALAI-STEM |
Omuntele
Omuntele is a village with almost 2,000 inhabitants in the Oshikoto region in the north-east of Namibia. The village is located in a high plateau with 1,089 meters above sea level. D. Sea level and has an airfield.
Omuntele Constituency is also the administrative seat of the same constituency ( English : Constituency) km² with an area of 1,149 and 26,000 inhabitants (NA.OT.OT). | WIKI |
Boghar
Boghar is a town and commune in Médéa Province, Algeria.
History
During the Roman Empire the town was the site of a Roman town called Voncaria. At the 411 Carthage conference, between Catholic and Donatist bishops, the town was represented by the Donatist Felix, declaring that he did not have a Catholic competitor in his diocese. Then at the synod convened in Carthage in 484 by the Arian ruler Huneric of the Vandal Kingdom, the bishop Donatus Voncariensis represented the town.
The modern town was begun in July 1839 by Abd el-Kader. In October of the same year, the foundations of a fortification of a fort were seen, which was completed the following year. The town was burnt down in 1841 by General Baraguay-d'Hilliers, and then rebuilt by the French.
Politics
The current mayor is Hazedj Abdelkader. | WIKI |
Nutrition
Nutrition for Parkinson's Disease
Constipation, urinary tract infections (UTIs), thinning bones, and unexplained weight loss are all common in persons with Parkinson’s Disease (PD). Preventing or managing these conditions can be accomplished through proper hydration and nutritional intake.
Proper hydration, which is achieved by drinking plenty of fluids, is important in the prevention of constipation and UTIs. Fluid replacement is important, especially when participating in physical activity. Be sure to drink fluids throughout the day, ideally water. Consuming fruits and vegetables, foods which are naturally high in water content, can also increase daily fluid intake. Side effects of anti-Parkinson medications or anticholinergic agents (i.e., Cogentin, Artane) may include dry mouth, feelings of thirst, thick or sticky saliva, dry eyes, and constipation. It is important to consume adequate fluids; again, preferably water, when taking medications. Aim for 8 glasses per day of water in addition to any other fluids normally consumed within the course of the day (such as juice, milk, or coffee). Remember to include adequate fiber in any healthy diet and be sure to consume adequate water when increasing your fiber intake in order to further prevent risk of constipation.
Persons with PD are also at risk for thinning bones and need to consider adequate nutritional intake to promote strengthening of bones and maintenance of bone density. This intake should include foods containing micronutrients such as calcium, magnesium, vitamin D, and vitamin K. Continue to consume a variety of foods, and incorporate foods high in the aforementioned micronutrients, such as dairy products (i.e., low-fat versions of milk, cheese, and/or yogurt). Vitamin D maintains calcium blood levels in the body within normal limits, and is crucial for adequate absorption of calcium from the blood stream. If adequate calcium is not available, the body begins to break down bone in order to supply the needed nutrient. Often, vitamin D needs are not met by dietary methods alone. Recent research indicates that limited exposure to the sun during the spring, summer, and fall of 5 to 15 minutes per day (between 10 a.m. and 3 p.m.) will provide the body with the current recommended amount of vitamin D. Allow some sun exposure to hands, arms, and face for a few minutes each day to total 60 minutes per week. In the absence of any sun exposure, be sure to increase daily intake of vitamin D-fortified foods such as milk and orange juice (products fortified in vitamin D indicate this message on their containers). Foods that naturally contain vitamin D include liver, eggs, and fatty fish (i.e., salmon). Healthy sun exposure and adequate nutritional intake may maximize a person’s vitamin D status to promote good health. In addition to healthy sun exposure and consumption of foods high in vitamin D, persons with PD may want to speak with a primary care physician about taking a supplement.
Unexplained weight loss may also occur and may be considered a nutritional risk factor if weight loss of 10% or more of usual body weight occurs. For more information on adequate weight gain, go to NCPAD documents titled Are You at Nutritional Risk at http://www.ncpad.org/nutrition/fact_sheet.php?sheet=407 and Sometimes it’s Necessary to Gain Weight at http://www.ncpad.org/nutrition/fact_sheet.php?sheet=358
Reference: Holick, M. (2005). The Vitamin D Epidemic and its Health Consequences. The Journal of Nutrition; 135:2739S-48S.
This copyrighted article is reproduced from the National Center on Physical Activity and Disability at www.ncpad.org. It may be freely distributed in its entirety as long as it includes this notice but cannot be edited, modified, or otherwise altered without the express written permission of NCPAD. Contact NCPAD at 1-800-900-8086 for additional details.
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BRIEF-Makemytrip Ltd posts qtrly loss per share $0.93 (as per IFRS)
May 19 (Reuters) - MakeMyTrip Ltd * MakeMyTrip Ltd qtrly loss per share $0.93 (as per IFRS) * MakeMyTrip Ltd qtrly adjusted loss per share $0.42 (as per IFRS) * Qtrly revenue (as per IFRS) $120 million versus $88 million * MakeMyTrip Ltd - transactions for hotels and packages increased by 77.9 pct yoy in 4Q17 - SEC filing Source text: (bit.ly/2rlLRmk) Further company coverage: | NEWS-MULTISOURCE |
Reverse proxy configuration
I'd like to share my traefik example configuration, as i'm running many docker containers on a separate raspberry and using traefik there as a reverse proxy with basic authentication for access to octopi (for the Octoapp). This is stored as a traefik file configuration. I also added a ratelimit of averaged 3 requests per second and 10 for a burst of time (traefik docs doesn't specify the timeframe what a "burst of time" is).
http:
middlewares:
octopi_auth:
basicAuth:
users:
- "octopi:bcrypt_hash"
octopi_rate_limit:
rateLimit:
average: 3
burst: 10
routers:
octopi:
rule: "Host(`octopi.example.com`)"
entryPoints:
- "websecure"
- "web"
service: "octopi_service"
middlewares:
- "octopi_auth"
- "octopi_rate_limit"
tls:
certResolver: letsencrypt
services:
octopi_service:
loadBalancer:
servers:
- url: "http://octopi.internal.local"
passHostHeader: true
Hi,
I've got my Nginx reverse proxy all setup and working with the webcam location as well, but am concerned that anyone can access my webcam externally by going to https://myserver.com/webcam/?action=stream. Is there a way to block external access to the /webcam location while still allowing it to work with Octoprint while using Octoprint externally?
Yes, quite simple actually: Don't make your OctoPrint instance accessible on the public and hostile internet where every script kiddie with a Kali Linux instance can find you on Shodan and then attempt to break in or launch a fun DDOS attack on you. See also this post. Use a VPN. At the very least use basic auth and access restriction by IP.
1 Like
I tried the HAproxy config, but I get this error:
The 'reqadd' directive is not supported anymore since HAProxy 2.1. Use 'http-request add-header' instead.
Simply replacing the string "reqadd" with "http-request add-header" does not work. Any ideas?
1 Like
Leaving this here as I hadn't seen reference to it after going through each post and testing/trying to get my reverse proxy working as it solved my issues:
After setting up a nginx reverse proxy (npm) last week with a basic configuration I was able to access all my instances/resources fairly easily, or resolve issues via its gui quickly, except for connecting to my octoprint server, running on a raspberry pi with a fairly stock OctoPi image.
It would hang after logging in while "connecting to server", the octoprint logs showed my connection, the error in Chrome was regarding a websocket connection error.
The reverse__proxy_test url was green across the board for http & https connections directly to octoprint as well as via the reverse proxy.
The fix I found in other post in the forums: "struggling to get reverse proxy working"
Enabling CORS under Settings > API and returning the npm configuration to "stock" (scheme:https forward port:443, Websockets, block common exploits, force ssl, http/2 support, HSTS enabled & shts subdomains all checked) is all that was needed and I was able to connect without issue.
1 Like
Has anyone set this up with a Microsoft IIS server as the proxy? I've been having a really tough time getting this one to work and I have many sites setup so I can't change to nginx or others.
Has anyone managed to configure lighttpd as a reverse proxy?
@foosel
I'm not sure how to request this change in the first post, but after a train ride from a forum post to an issue to a PR on custom HTTPS ports with nginx, an issue was solved that documentation would help with. In the nginx example provided, if a user has a custom HTTPS port, the CSRF cookie name is displayed using port 443 due to the host header being passed as just a hostname. It would be nice to have noted, specific for nginx, that the only apparent way to run a custom port is to set this header:
proxy_set_header X-Forwarded-Host $host:12345;
If interested, here is the PR that led to this: Remove custom port from CSRF cookie suffix by Fmstrat · Pull Request #4741 · OctoPrint/OctoPrint · GitHub
Thanks!
For anyone who comes along and is trying to get haproxy to work with a redirect...
At the time I posted this, all of the documentation I could find tells you to do this:
backend octoprint
acl needs_scheme req.hdr_cnt(X-Scheme) eq 0
reqrep ^([^\ :]*)\ /octoprint/(.*) \1\ /\2
reqadd X-Scheme:\ https if needs_scheme { ssl_fc }
reqadd X-Scheme:\ http if needs_scheme !{ ssl_fc }
reqadd X-Script-Name:\ /octoprint
option forwardfor
server octoprint1 127.0.0.1:5000
errorfile 503 /etc/haproxy/errors/503-no-octoprint.http
There are also posts telling you that because haproxy has been updated, you have to replace reqrep/reqadd => http-request.
Perhaps you'll start off like I did, trying to modify the latest default provided by OctoPi
backend octoprint
acl needs_scheme req.hdr_cnt(X-Scheme) eq 0
http-request replace-path ^([^\ :]*)\ /(.*) \1\ /\2
http-request add-header X-Scheme https if needs_scheme { ssl_fc }
http-request add-header X-Scheme http if needs_scheme !{ ssl_fc }
option forwardfor
server octoprint1 127.0.0.1:5000
errorfile 503 /etc/haproxy/errors/503-no-octoprint.http
Perhaps you'll be like me, and naively change it to:
http-request replace-path ^([^\ :]*)\ octoprint/(.*) \1\ /\2
It'll connect to the OctoPrint login page, but it'll just loop at the login page. The proxy test page will show proper server values, but a blank space for all the client values. The help will send you here, to this page, which as of the time of writing was outdated.
If you know/learn how to read the haproxy log file, you'll see the GET requests don't have the server:port number prepended, and that you've written your replace-path incorrectly. Perhaps because you were like me, and had no idea what you were doing.
Here's a version that works for me, which perhaps might be helpful to someone:
backend octoprint
acl needs_scheme req.hdr_cnt(X-Scheme) eq 0
http-request replace-path /octoprint/(.*) /\1
http-request add-header X-Script-Name /octoprint
http-request add-header X-Scheme https if needs_scheme { ssl_fc }
http-request add-header X-Scheme http if needs_scheme !{ ssl_fc }
option forwardfor
server octoprint1 127.0.0.1:5000
errorfile 503 /etc/haproxy/errors/503-no-octoprint.http
1 Like
You mean what was mentioned in this post?
In fairness I would agree that the original post ought to be updated with the correct configuration for Haproxy 2.x and 1.x separately due to the breaking changes.
1 Like
All of the previous example code had a very different replacement regex for octoprint vs the web cam backends.
It was not at all obvious to me how to write that post replacement given the default version provided by OctoPi that I was starting with, and none of the existing posts (including the one you linked) provided working code.
That post is a wiki node :wink:
I'm not especially familiar with whatever I need to be familiar with for that to mean anything to me.
Can you suggest a resource that can explain to me what that means? Perhaps one that would make it clear what I should have done differently?
wiki posts are directly editable.so I think the idea was to edit the original, adding an haproxy 2 section maybe.
1 Like
Ah. Must be some sort of minimum post count or something, because I don't have an edit button.
It's ironic, because I would totally have quietly edited the OP but I can't because I have been quiet.
I am running HAProxy and the post with the full config file worked for me on Ubuntu 22.04. When I tried to add other pages written the same way as the web cam they are ‘not found’.l. Have Plex, home assistant, etc. etc. all on same server and would like to add this same convenience for everything as I am losing track of port numbers in my head. What am I missing?
Hello @Scott_Vanlandingham !
If you seeking for concrete help and trouble shooting, please open a new thread in Get Help Networking and provide all the information that is asked for.
My Bad! Will do!
1 Like | ESSENTIALAI-STEM |
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Running Queries
After you build a query, you might want to run it. You might run a query to perform an action on your data (such as INSERT or DELETE), or you might test a query that you intend to save as a query worker.
Run a Query
You can run a query in the Macrometa console, from the Macrometa CLI, or using an API endpoint.
Run a Query in the Console
1. Log in to your Macrometa account.
2. Click Query Workers.
3. In the Editor, select C8QL or SQL, depending on which language you want to write the query in.
4. Write a SQL C8QL query.
5. Enter any required bind parameter values.
6. Click Run Query.
Macrometa runs the query and displays the Query Result for that query. Each query you run displays another Query Result unless you navigate away from the page or clear the results.
Run a Query with CLI
1. Install the CLI as described in Install gdnsl.
2. Enter queries using gdnsl query. For more information and examples, refer to the CLI Queries documentation.
API Endpoint
For more information, refer to API Endpoints.
Execution Plan
note
Execution Plan is only available with C8QL queries.
After you write a query, click Execution Plan to see a detailed breakdown of the query compilation and execution pipeline. Basically, it shows you how Macrometa performs the query. The details given can be helpful when tuning or debugging complex queries.
Execution Plan
Query Result
Query results vary based on the query. Queries that return information display that information. Queries that do not, perhaps because they are entering or deleting information, just display empty brackets []. The following screenshot shows a query with information returned when running it in the UI.
Query Result
The result of a query is an array of values. The individual values in the result array might have a homogeneous structure, depending on what is actually queried.
For example, when returning data from a collection with inhomogeneous documents (the individual documents in the collection have different attribute names) without modification, the result values will as well have an inhomogeneous structure. Each result value itself is a document:
FOR u IN users
RETURN u
[ { "id": 1, "name": "John", "active": false },
{ "age": 32, "id": 2, "name": "Vanessa" },
{ "friends": [ "John", "Vanessa" ], "id": 3, "name": "Amy" } ]
However, if a fixed set of attributes from the collection is queried, then the query result values will have a homogeneous structure. Each result value is still a document:
FOR u IN users
RETURN { "id": u.id, "name": u.name }
[ { "id": 1, "name": "John" },
{ "id": 2, "name": "Vanessa" },
{ "id": 3, "name": "Amy" } ]
It is also possible to query just scalar values. In this case, the result set is an array of scalars, and each result value is a scalar value:
FOR u IN users
RETURN u.id
[ 1, 2, 3 ]
If a query does not produce any results because no matching data can be found, it will produce an empty result array:
[]
Query Profile
Click Query Info to display detailed performance information about the query.
View options
If your query returned results, then you can display them in Table or JSON format. Default is Table.
Clear results
To clear a specific result, click Clear next to the result.
To clear all results, click Clear All under the Query Editor.
Running Queries tab
Click the Running Queries tab to see information about any queries currently running, including the bind parameters, runtime, and when the query started.
Running Queries tab
Slow Query History tab
Click the Slow Query History tab to see information about any queries currently running, including the bind parameters, runtime, and when the query started.
Slow Query History tab | ESSENTIALAI-STEM |
Talk:Assured shorthold tenancy
6 month tenancy
My daughter has signed a 6 month assured tenancy agreement in haste. Has she any right to terminate this contract before the 6 months are up?Geoffs43 (talk) 19:02, 20 February 2009 (UTC)
* This advice is only six years late but I would ask a Citizens Advice Bureau. DanielJCooper (talk) 16:05, 13 September 2015 (UTC)
Questionable sentence
"Where one assured shorthold tenancy follows another, the tenant is protected for only 6 months from the beginning of the first tenancy under which the premises were occupied" Source? Is this actually true. If I signed a second 12 month fixed term agreement I would expect to be protected for that time subject to any break clause DanielJCooper (talk) 16:00, 13 September 2015 (UTC) | WIKI |
Carrollton, Carroll County, Indiana
Carrollton is an unincorporated community in Burlington Township, Carroll County, Indiana.
History
A post office was established in Carrollton in 1838, but it closed one year later, in 1839.
Education
Carrollton residents may obtain a library card at the Burlington Community Library in Burlington. | WIKI |
Put a Crown on It
Put a Crown on It is the fifth studio album by American rapper Rittz. It was released on November 29, 2019 through CNT Records with distribution via ONErpm, making it the rapper's first release on his own independent label since leaving Strange Music. Recording sessions took place at Foz Rock in Duluth, Georgia. It features guest appearances from Big Hud, Dizzy Wright, Futuristic, JellyRoll, Paul Wall, Too $hort, Twista and Yelawolf.
Track listing
Adapted from Apple Music.
Personnel
* Jonathan McCollum – main artist
* Paul Slayton – featured artist (track 2)
* Jason DeFord – featured artist (track 3)
* Michael Wayne Atha – featured artist (track 6)
* Carl Terrell Mitchell – featured artist (track 6)
* La'Reonte Wright – featured artist (track 8)
* Ryan Hudson – featured artist (track 11)
* Todd Shaw – featured artist (track 11)
* Zachary Lewis Beck – featured artist (track 12)
* Candice Freeman – additional vocals (tracks: 3, 5)
* Stephen Freeman – keyboard (tracks: 2, 10)
* Corbin King – guitar (tracks: 3, 9)
* DJ Chris Crisis – cuts (tracks: 1, 2, 6, 9, 11)
* Dalton McClelland – producer (track 1)
* Roy "Drum Dummie" James – producer (tracks: 2, 3, 9, 11)
* Jeffery Richards – producer (track 3)
* Gerek Marcin – producer (tracks: 4, 6)
* Welka Bartosz Jakub – producer (tracks: 4, 6)
* Alexsei Jidkov – producer (track 5)
* Jayson Bridges – producer (track 5)
* Karl Powell – producer (tracks: 7, 8)
* Harrison Johnson IV – producer (track 7)
* Gabriel Blizman – producer (track 8)
* Da'Auhn Oliver – producer (track 10)
* Daniel Watson – producer (track 12), mixing, recording
* Freddie Burman – executive producer
* Irv Johnson – mastering
* Chris Allio – art direction & design
* Chad Hess – photography | WIKI |
Subsets and Splits
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