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Download screenplays of award contenders - CBS News
Not every studio posts scripts online, and forget aboutfinding Woody Allen's latest amid the free offerings. But there are dozens available: 12 Years a Slave by John Ridley, based on thememoir of Solomon Northup (Fox Searchlight) 42 by Brian Helgeland (Warner Brothers) The Armstrong Lie by Alex Gibney (Sony PicturesClassics) Before Midnight by Richard Linklater, EthanHawke and Julie Delpy (Sony Pictures Classics) The Bling Ring by Sofia Coppola (a24) The Croods by Kirk DeMicco & Chris Sanders(Dreamworks Animation) Despicable Me 2 by Cinco Paul & Ken Daurio(Universal) Enough Said by Nicole Holofcener (FoxSearchlight) Fruitvale Station by Ryan Coogler (WeinsteinCompany) Gravity by Alfonso Cuaron & Jonas Cuaron(Warner Brothers) The Great Gatsby by Baz Luhrmann & CraigPearce, based on the F. Scott Fitzgerald novel (Warner Brothers) The Invisible Woman by Abi Morgan (Sony PicturesClassics) Kill Your Darlings: Story by Austin Bunn;Screenplay by John Krokidas and Austin Bun (Sony Pictures Classics) Lee Daniels' The Butler by Danny Strong(Weinstein Company) Lone Survivor by Peter Berg, based on the bookby Marcus Luttrell (Universal) Monsters University by Daniel Gerson &Robert L. Baird and Dan Scanlon (Disney) Mud by Jeff Nichols (Roadside Attractions) One Chance by Justin Zackham (Weinstein Company) The Past by Asghar Farhadi (Sony PicturesClassics) The Place Beyond the Pines by Derek Cianfrance,Ben Coccio & Darius Marder (Focus Features) Prisoners by Aaron Guzikowski (Warner Brothers) Rush by Peter Morgan (Universal) The Spectacular Now by Scott Neustadter &Michael H. Weber, based on the novel by Tim Tharp (a24) Spring Breakers by Harmony Korine (a24) Wadjda by Haifaa al Mansour (Sony PicturesClassics) The Way Way Back by Nat Faxon and Jim Rash (FoxSearchlight) Still to come: Disney's Frozen and Saving Mr. Banks, and Nebraska,Labor Day, and The Wolf of Wall Street from Paramount. No word on when Sony's Captain Phillips orAmerican Hustle, or Her (from Warner Brothers) might become available. And for those looking for the Coen Brothers' InsideLlewyn Davis? It's available for sale from Opus Books. UPDATES: The latest screenplay postings: Nebraskaby Robert W. Nelson (Paramount Vantage) The Wolf of Wall Street by Terence Winter (Paramount) Saving Mr. Banks by Kelly Marcel & Sue Smith (Disney) Frozen by Jennifer Lee (Disney) David Morgan is a senior editor at CBSNews.com and cbssundaymorning.com. The Emmy Awards red carpet was swarming with television's biggest stars All the big moments from the 69th Primetime Emmy Awards on CBS Copyright 2017 CBS Interactive Inc.All rights reserved. | NEWS-MULTISOURCE |
User:Troy3010/Fahmida nabi
Fahmida Nabi (Bengali: ফাহমিদা নবী, born in January 4, 1966) is a popular singer from Bangladesh. She is one of the well-known singers in the Bangladeshi music industry, who has brought a new dimension to Bangladeshi modern music, which appeals to all generations across the country.[1] Her perseverance, hard work and passionate aspiration for perfection has granted her a place in Bangladeshi music industry, and in the heart and mind of a wide range of audience from all age groups. Fahmida's solo career started in 1979 and has spanned over three decades. She sings primarily clasical and modern Bengali songs, but also Rabindra and Nazrul Sangeet. She is the daughter of famous singer late Mahmud Un Nabi (the legendary singer of Bangladesh) and the elder sister of famous singer Samina Chowdhury and sister Tanziada Nabi and brother Panchom Nabi. Fahmida has won several awards and honours, including the National Film Award (Bangladesh's highest national honour) as the Best Female Playback Singer in 2007.
References 1. A colourful life. The daily New Age, New Age Extra, March 12-18, 2010. Retrieved on 10 August 2010 [available at: http://www.newagebd.com/2010/mar/12/mar12/xtra_inner4.html] | WIKI |
Talk:Boeing
Boeing whistleblower found dead?
Would this be noteworthy to mention in the article somewhere? https://www.washingtonpost.com/transportation/2024/03/12/boeing-whistleblower-dead-john-barnett/ https://time.com/6900123/boeing-whistleblower-john-barnett-found-dead-deposition-safety/ (Discuss 0nshore's contributions!!!) 12:26, 12 March 2024 (UTC)
* it should be in here, yes Equirax (talk) 08:42, 16 March 2024 (UTC)
* Second Boeing whistleblower dies-Df (talk) 16:30, 5 May 2024 (UTC)
* There is a discussion below about how to best include this information. It has yet to reach a conclusion. - ZLEA T \ C 21:15, 5 May 2024 (UTC)
Probably not useful, but interesting and funny
New Far-Right Conspiracy Claims Boeing’s Accidents Are Intentional Doug Weller talk 12:10, 16 March 2024 (UTC)
* Interesting, but it’s not the strangest aviation conspiracy theory I’ve seen. I once dealt with a user who claimed that Donald Trump himself was responsible for the 2022 Dallas airshow mid-air collision. - ZLEA T \ C 15:41, 16 March 2024 (UTC)
* If I recall correctly, they also claimed that the Commemorative Air Force (formerly known as the Confederate Air Force) was the literal air force of the underground Confederate States of America. - ZLEA T \ C 15:43, 16 March 2024 (UTC)
* It has to be read to be believed. - ZLEA T \ C 15:46, 16 March 2024 (UTC)
Wing falling apart - passenger having to notify flight attendants
Hi everyone! I am hoping to add some information to the Boeing page concerning the recent Boeing flight which had to divert after a passenger saw the wing coming apart. This story hasn’t been added to the Wikipedia page yet, as it happened recently. We would add this to the page using the news articles below as sources.
Here are some news sources reporting on the incident: https://kdvr.com/news/local/united-flight-diverts-to-denver-due-to-wing-problem/amp/ https://www.independent.co.uk/travel/news-and-advice/boeing-plane-united-airlines-wing-san-francisco-boston-b2499865.html Graceruhl (talk) 16:23, 26 March 2024 (UTC)
* That probably belongs at Boeing 757 and/or United Airlines for now. If the incident becomes more widely covered by reliable secondary sources, it may also be given an article of its own. We cannot cover every accident and incident involving Boeing aircraft on this article, unless said accident or incident is relevant to the history of the company itself. - ZLEA T \ C 17:11, 26 March 2024 (UTC)
Intrigue/Conspiracies Section
Would it be useful to have a section devoted to the current conspiracies and intrigue surrounding Boeing? We could highlight both the conspiracies around these Boeing accidents being intentional and the whistleblower being found dead. https://www.wired.com/story/boeing-accidents-far-right-dei-conspiracy/?bxid=61ffffadba71511c13275c6c&cndid=68515061&esrc=MARTECH_ORDERFORM&source=Email_0_EDT_WIR_NEWSLETTER_0_DAILY_ZZ&utm_brand=wired&utm_campaign=aud-dev&utm_content=WIR_Daily_031624&utm_mailing=WIR_Daily_031624&utm_medium=email&utm_source=nl&utm_term=WIR_Daily_Active https://www.washingtonpost.com/transportation/2024/03/12/boeing-whistleblower-dead-john-barnett/ Graceruhl (talk) 18:11, 26 March 2024 (UTC)
* The addition of a "Controversies" section has been discussed in the past (see Talk:Boeing/Archive 2). Personally, I have no opinion on the inclusion of such a section. However, I'm not sure the conspiracy theories in question, especially the one alleging the crashes were intentional, are notable enough for inclusion even in a general "Controversies" section per WP:UNDUE. - ZLEA T \ C 20:04, 26 March 2024 (UTC)
* I've reverted your WP:BOLD addition of the section for now. Given the highly sensitive nature of this incident, we should establish a consensus on how to best cover it. - ZLEA T \ C 05:31, 27 March 2024 (UTC)
* There has been significant industry media reporting on Boeing's recent catalogue of failures and the consequent shaking of market confidence (e.g. I saw one industry member reported as saying that the pop-out plug door was "the last straw"). So I think that a section or subsection summarising these lapses and their cumulative effect would be justified. But I am not sure where or how best to place it, and we would need to be careful to keep conspiracy theories and other speculations or side issues out of it. — Cheers, Steelpillow (Talk) 19:30, 27 March 2024 (UTC)
* This information would need to be added delicately to not add undue weight to it. WP:GEVAL says "Conspiracy theories, pseudoscience, Pseudohistory/speculative history, or plausible but unaccepted theories should not be legitimized through comparison to accepted academic scholarship. We do not take a stand on these issues as encyclopedia writers, for or against; we merely omit this information where including it would unduly legitimize it, and otherwise include and describe these ideas in their proper context concerning established scholarship and the beliefs of the wider world." KittyHawkFlyer (talk) 23:14, 29 March 2024 (UTC)
* Given that a second whistleblower was found dead today, I think information on the actual events should be included. @KittyHawkFlyer makes a good point, but I don't think the conspiracy theories here are in opposition to established literature, just in opposition to the company line. If we can find a quality source for the claims, I think they can be included as long as it's made clear they're contested claims. TJS808 (talk) 03:34, 2 May 2024 (UTC)
* As of the time of this reply, I have not found any coverage from reliable secondary sources about conspiracy theories about this second whistleblower's death. Given that most sources are reporting that he died of an MRSA infection, I doubt that there will be any serious allegations that Boeing was responsible for his death. Only time will tell, though. - ZLEA T \ C 06:14, 2 May 2024 (UTC)
* Conspiracy theories do not belong in an Encyclopedia. Stick to the facts. <IP_ADDRESS> (talk) 02:32, 3 May 2024 (UTC)
* The existence of conspiracy theories can be covered if there are reliable secondary sources. We obviously cannot present said conspiracy theories as fact, and should be careful to not give them undue weight. - ZLEA T \ C 03:07, 3 May 2024 (UTC)
* I think these conspiracy theories are blatant libel. They should be left out entirely. I think this article should be WP:OFFICE protected and any edits claiming murder should be deleted from the edit history ENTIRELY. ANDROS1337 TALK 12:28, 6 May 2024 (UTC)
* We can probably request the appropriate level of protection and WP:REVDEL if such disruption becomes a regular problem, but office actions would probably be a bit much. - ZLEA T \ C 15:47, 6 May 2024 (UTC)
History section needs work
The history section needs work. For example, the Origins section seems like a nice overview. The Sea Launch section feels unnecessary. The Corporate headquarters moves is too long. Plus, the MAX issues needs to be mentioned here, either in addition to or instead of in a separate section. I can jump in and work on it... but I wanted to start a conversation here too. RickyCourtney (talk) 21:32, 27 March 2024 (UTC)
Boeing Computer Services
During the 1980s, there was a Boeing company called Boeing Computer Services (BCS). I'm not sure when it ceased to exist, nor whether it was absorbed back in to the parent company or sold off. I worked in its AI center from 1984 to 1987, so it at least existed during that time. It also developed Boeing Calc, which has an article Boeing_Calc. That article mentions the company and has a link to its article, but that link redirects here. Dunno if BCS was deemed not important enough to warrant a separate Wikipedia article, but if not it seems like it should at least be mentioned here. Mcswell (talk) 21:48, 6 May 2024 (UTC)
* If there are enough reliable secondary sources covering BCS, then feel free to start an article on the company. Just know that as a former employee, you may have a WP:COI and might want to start the article as a draft. - 22:19, 6 May 2024 (UTC) | WIKI |
Student Switch Off
Student Switch Off is a campaign that aims to encourage students to save energy when living in University halls of residence. It is run by the Students Organising for Sustainability UK, a student-led education charity focusing on sustainability.
As of March 2022, the campaign currently runs at 18 universities across the UK. In the 2021/22 academic year it engaged over 1,500 student through online competitions, campus visits and training. In 2021, the activities resulted in over 250 tonnes of saved.
The scheme concentrates on behavioural change and social marketing to bring about carbon reduction.
History
The campaign was set up by Dr Neil Jennings as a pilot project at the University of East Anglia in 2006. In the pilot year, the campaign helped to reduce energy usage by an average of over 10% in halls of residence, saving around 90 tonnes of and over £19,000 in energy expenditure. Jennings received significant support in developing the campaign from the Ben & Jerry's Climate Change College and secured sponsorship of the campaign from E.ON, Odeon Cinemas, The Independent and FirstGroup.
The campaign expanded to seven universities in 2007/08 and 11 in 2008/09 until in 2009 the Student Switch Off partnered with the National Union of Students as part of the Defra funded Degrees Cooler project, increasing the number of universities hosting the campaign by 22. Other partners included People & Planet, London Sustainability Exchange, Green Impact and Student Force for Sustainability.
In 2009, the Student Switch Off was chosen by Carbon Leapfrog as one of the projects it would support with pro-bono legal and accountancy support.
In May 2012, the campaign won an Ashden Award (described as the Oscars of the energy-saving world) and in March 2011 won the "Best Energy Saving Idea" award at the inaugural People and Environment Achievement Awards.
In 2012, ownership of the campaign was transferred to the National Union of Students and in 2014 the campaign received funding from the European Union (EU) to expand into four more European countries - Cyprus, Greece, Lithuania and Sweden.
In 2017, the campaign received additional funding from the EU to expand to Bulgaria, Ireland and Romania and to develop advice materials for students living in the private rented sector to reduce their exposure to fuel poverty.
In the academic year 2016/17, more than 26,000 students pledged their support for energy-saving in their halls of residence.
Results
N.B. The aggregate CO2 and money saving is variable between years even with a similar % reduction because of changing prices of energy, changing carbon emissions per kWh of electricity and changing number of months included in the analysis at different universities.
Awards
The Student Switch Off has received the following awards since its inception in 2006:
November 2008: The Green Awards. Highly commended, Best Green Campaigner
June 2010: National eWell-Being Awards. Highly commended, energy efficiency category
March 2011: People and Environment Achievement Awards. Winner, Best Energy Saving Idea
March 2011: Climate Week Awards. Finalist in Best Campaign category
May 2012: Ashden Awards Winner | WIKI |
Wikipedia:Articles for deletion/Raymon Youmaran
The result was merge to Dlasthr. Spartaz Humbug! 15:07, 3 November 2009 (UTC)
Raymon Youmaran
* – (View AfD) (View log)
Non-notable, run-of-the-mill criminal. Two of the links don't work, BTW. Who then was a gentleman? (talk) 23:42, 26 October 2009 (UTC)
* Keep. I added a reference and fixed another. In general, if a link is broken, you should try to find a copy at http://www.archive.org/ before giving up. I was able to find a copy of the ninemsn story there. I removed the broken link to http://aussie_news_views.typepad.com/aussie_news_views/2006/06/ramon_youmaran_.html which would not have been a reliable source in any event, unless it was a verbatim reproduction of material from a reliable source. This is not someone who was only in the news for a single event, but for several. Having been on a "most wanted" list distinguishes this person from a run-of-the-mill criminal. -- Eastmain (talk) 00:31, 27 October 2009 (UTC)
* Note: This debate has been included in the list of Australia-related deletion discussions. —Eastmain (talk) 00:31, 27 October 2009 (UTC)
* Note: This debate has been included in the list of Crime-related deletion discussions. —Eastmain (talk) 00:31, 27 October 2009 (UTC)
* Delete. Fails the criteria set out at Notability (criminal acts). WWGB (talk) 00:44, 27 October 2009 (UTC)
* Merge and redirect to Dlasthr. There is some coverage about this subject, but not widespread. Location (talk) 01:17, 27 October 2009 (UTC)
* Merge to Dlasthr. He's not individually notable as the press coverage was minimal, much of it newswires, and was only a brief burst. I would have said delete, but the material here can update the section about him in the gang article. Fences & Windows 03:42, 28 October 2009 (UTC)
* Merge to Dlasthr (which itself needs fixing). Orderinchaos 21:18, 29 October 2009 (UTC)
| WIKI |
Pipeline is yet another common pattern we see in concurrent programming.
Stages for a data processing pipline can be for example,
• Read the file
• Process the data
• Transform the data
• Write the data to another file
Let’s check an example of such a pipeline in Golang.
package pipeline
import (
"fmt"
"time"
)
type FileData struct {
src string
data string
}
// readData stage where we read the file
// it returns a channel of FileData to use in the next stage
func readData(filePaths []string) <-chan FileData {
out := make(chan FileData)
go func() {
for _, path := range filePaths {
time.Sleep(1 * time.Second) // Simulate file read
out <- FileData{src: path, data: "data"}
}
close(out)
}()
return out
}
// processData stage where we process the data
// it returns a channel of processed FileData to use in the next stage
func processData(in <-chan FileData) <-chan FileData {
out := make(chan FileData)
go func() {
for data := range in {
time.Sleep(1 * time.Second) // Simulate data processing
out <- FileData{src: data.src, data: data.data + " processed"}
}
close(out)
}()
return out
}
// transformData stage where we transform the data
// it returns a channel of transformed FileData to use in the next stage
func transformData(in <-chan FileData) <-chan FileData {
out := make(chan FileData)
go func() {
for data := range in {
time.Sleep(1 * time.Second) // Simulate data transformation
out <- FileData{src: data.src, data: data.data + " transformed"}
}
close(out)
}()
return out
}
// writeData stage where we write the data to a file
func writeData(in <-chan FileData) bool {
for data := range in {
time.Sleep(1 * time.Second) // Simulate file write
fmt.Printf("Writing data to %s\n", data.src)
}
return true
}
// RunPipeline runs the pipeline
// each stage is a go routine
// and they are connected via channels
func RunPipeline(filePaths []string) {
readDataCh := readData(filePaths)
processDataCh := processData(readDataCh)
transformDataCh := transformData(processDataCh)
writeData(transformDataCh)
}
In the above example, we have implemented a pipeline with 4 stages. Each stage is a go routine and they are connected via channels.
We can run the pipeline by calling RunPipeline function with the file paths. | ESSENTIALAI-STEM |
Biodiesel
• Biodiesel is a renewable, biodegradable fuel manufactured from a diverse mix of feedstocks, including recycled cooking oil (UCO), and animal fats. It is a cleaner-burning replacement for petroleum diesel that will reduce dependence on foreign petroleum, and improve our immediate environment.
• Biodiesel is a clear liquid, without an unpleasant odour or handling characteristics, and virtually the same viscosity as mineral fossil diesel oil.For this reason, it can be used in a standard diesel engine without additional modifications. It can also be blended with petrodiesel to improve the quality of the latter.
• Biodiesel is made through a chemical process which converts oils and fats of a natural origin into fatty acid methyl esters (FAME), commonly referred to as B100.
• Biodiesel blends are a mixture of biodiesel and petroleum diesel, commonly referred to B20 (20% blend), B5 (5% blend), B2 (2% blend). When blended it does not require modifications when used in a diesel engine.
• Biodiesel has reduced exhaust emissions compared with petroleum diesel fuel and has a lower toxicity compared with petroleum diesel fuel. Biodiesel is safer to handle than petroleum diesel fuel.
• Biodiesel quality is governed by ASTM D 6751 in the USA and EN14214 in Europe
• Facebook Social Icon | ESSENTIALAI-STEM |
medk medk - 18 days ago 5x
jQuery Question
jQuery UI Accordion Control
I have a jQuery UI Accordion, where a number of checkboxes in each accordion section.
1- I want the accordion to start all collapsed, and all enabled.
2- When the user clicks on any checkbox, the accordion becomes disabled so the user can continue to check only the checkboxes within that group.
No, what's the name of the option to add to start all collapsed? My script is like:
$(function() {
$("#accordion" ).accordion({
heightStyle: "content",
animate: 1,
collapsible: true
});
});
And what's the action to trigger to make the accordion disabled?
$(document).on('change', '.checkbox', function(event) {
var check = $(this);
var len = $('.checkbox:checked').length;
if (check.is(':checked')) {
$('#accordion').MAKE_IT_DISABLED;
} else {
if (len == 0) {
$('#accordion').MAKE_IT_ENABLED;
}
}
});
Answer
For the first question, you have a ready-made answer:
$("#accordion" ).accordion({
collapsible: true,
active: false
});
Collapsible means that you can collapse the panel with the current focus, and setting active to false means that none are active.
While it's possible to work with the CSS opacity attribute, the simpler way to do it is to add the appropriate class to the item. You can disable the entire accordion by setting the disabled option to true, but you only want to disable the panels that you aren't in. To disable a single panel:
$('#accordion #myH3').addClass('ui-state-disabled');
where myH3 is the id of the particular H3 header element you want to disable. I'll leave you to work out the logic of determining which elements aren't the currently active one.
By the way, the ui-state-disabled class reduces the opacity of the element to .35. Also, if you have things like buttons in your header panel, keep in mind that they will not be disabled if you disable the header. And, if you specifically disable them, their opacity will be reduced by .35*.35, or to .1225 which is very faint. If you want to keep the opacity of contained items consistent with the container when you disable the container, add a class to the contained items and use CSS to set the opacity to 1.
Comments | ESSENTIALAI-STEM |
Thomas Monro
Thomas Monro may refer to:
* Thomas Monro (art collector) (1759–1833), British art collector, patron and physician
* Thomas Monro (writer) (1764–1815), English cleric and writer
* Thomas Kirkpatrick Monro (1865–1958), professor of medicine | WIKI |
C++ Logo
std-proposals
Advanced search
Re: [std-proposals] Fold expression contains 'if constexpr'
From: Arthur O'Dwyer <arthur.j.odwyer_at_[hidden]>
Date: Mon, 12 Dec 2022 13:08:01 -0500
On Sun, Dec 4, 2022 at 5:40 PM Frederick Virchanza Gotham via Std-Proposals
<std-proposals_at_[hidden]> wrote:
> I wanted to write the following function containing a fold expression:
> [...]
> but since we can't have 'if constexpr' inside a fold expression [...]
>
> Is there some how some way that we can allow 'if constexpr' inside a
> fold expression? I know that we can have a fold expression containing
> a lambda (and that the lambda can contain 'if constexpr'), but in this
> example we need 'if constexpr' by itself.
>
Interesting use-case, but the example program suffers from unnecessary
complexity, which I think sidetracked several responders.
Here's a worked example of what I believe you're trying to do: first in a
non-variadic form `f` with just two arguments, and then in a variadic form
`g` with an arbitrary number of arguments. (The link includes many test
cases.)
https://godbolt.org/z/3bno638WW
template<class T, class U>
auto f(T t, U u) {
if constexpr (requires { t*2; }) return t*2;
else if constexpr (requires { u*2; }) return u*2;
}
template<class... Ts>
auto g(Ts... ts) {
return *???*;
}
As you said: We want `g` to just "fold over `if constexpr else`," but there
doesn't seem to be an *easy* way to do that in C++23.
This is related to the proposals for folding over ?: (P1012 "Ternary Right
Fold Expression", Frank Zingsheim, Nov 2020)
https://www.open-std.org/jtc1/sc22/wg21/docs/papers/2020/p1012r1.pdf
(* Frank has an unpublished P1012R2 at
https://github.com/zingsheim/ProposalTernaryFold/ ; I don't know why it was
never published in a mailing.)
and if-constexpr-ifying the condition of ?: (I thought there was a formal
proposal here, but maybe I'm wrong)
https://lists.isocpp.org/std-proposals/2021/10/3238.php (Hui Xie, Oct 2021)
https://lists.isocpp.org/std-proposals/2021/10/3241.php (Mohit Saini points
out that a macro can solve Hui's issue, but not Frederick's original)
If we had *both* of those features, then I think you could implement `g` as
simply
template<class... Ts>
auto g(Ts... ts) {
return (requires { ts*2; } constexpr ? ts*2 : ... : void());
}
I don't *like* this proposed syntax at all; but I agree that the status quo
is terrible, unless I'm missing something.
Here's a StackOverflow thread on the same topic.
https://stackoverflow.com/questions/52749572/ternary-operator-and-if-constexpr
I'll bring this up on the Slack, <https://cppalliance.org/slack/> too, in
case anyone has any good ideas there.
–Arthur
Received on 2022-12-12 18:08:15 | ESSENTIALAI-STEM |
Some definitions and units in electron diffraction
B. Dawson, P. Goodman, A. W. S. Johnson, D. F. Lynch, A. F. Moodie
Research output: Contribution to journalArticlepeer-review
4 Citations (Scopus)
Abstract
Changes are advocated in some of the definitions, units and notation current in electron diffraction. The purpose of those changes is to separate descriptions of properties of materials from the experiments intended to measure them, and to exhibit as clearly as possible the relationship between the differing properties of a material accessible in X-ray and electron work.
Original languageEnglish
Pages (from-to)297-298
Number of pages2
JournalActa Crystallographica Section A
Volume30
Issue number2
DOIs
Publication statusPublished - 1974
Externally publishedYes
Fingerprint
Dive into the research topics of 'Some definitions and units in electron diffraction'. Together they form a unique fingerprint.
Cite this | ESSENTIALAI-STEM |
Page:The Victoria History of the County of Surrey Volume 3.djvu/657
Rh in 1846-7. It was here that many members of the Orleans family were married. It was shut up for some years, but was re-opened to the public in 1908.
New Maiden and Coombe, 2 miles east of Kingston, is a newly created Urban District, formed by the great growth of new houses in the neighbourhood during the last forty years. It was constituted an ecclesiastical parish, being separated from the new ecclesiastical parish of St. Peter's, Norbiton, in 1867, and in the same year a Local Board was formed. In 1895, under the Local Government Act of the previous year, it was constituted a civil parish under an Urban District Council. It is divided into three wards, Coombe, New Maiden, Old Maiden (q.v.). The total area is 3,220 acres, and the population in 1901 was 6,233, of whom only 503 were in Old Maiden. There is a railway station on the main London and South Western Railway, the junction also for the Kingston line. The Baptist chapel was opened in 1862; the Congregational chapel in 1880. There is also in the parish a Wesleyan chapel, a Free Church of England chapel, and a Roman Catholic chapel of St. Egbert, opened in 1908. The Lime Grore (Church) School for girls and infants was built in 1870; the Christchurch Elm Road Boys' Schools in 1896, and the County Council (mixed) School was opened in 1908.
Hook (Hoke, xiv cent.) is an ecclesiastical parish, in the part of Kingston old parish which divides Long Ditton into two parts. It was constituted an ecclesiastical parish in 1839, the inhabitants then being mostly cottagers in small houses on the road from Kingston to Letherhead. A considerable number of better houses have now been built. Part of the ecclesiastical parish was made a civil parish in 1895 under the Act of the previous year, but the northern part is in the Urban District of Surbiton.
There is an iron Wesleyan chapel in the parish. The schools (National) were built in 1860.
The ecclesiastical parish of St. Andrew, Ham, wa formed in 1834; it had formerly been a chapelry to Kew.
The earliest mention of organized government in Kingston is in 1086, when the royal manor was under the control of bedels, or elected officers." They are not again mentioned, but the name was preserved until the 15th century in the 'Bedelsford.' In or about 1195 the men of Kingston claimed to have held their town at farm by a charter of King Henry which had been burnt by misfortune, and they gave 100s. for holding their vill until the coming of the king, and offered 30 marks for a charter under which they might pay the same farm a before." This farm appears to have been £ 28 10s., the amount granted here in 1199 and 1 200 to Joscelin de Gant. Accordingly, on paying a further 60 marks in 1200, the men received their first extant charter which confirmed the previous grant, and gave the vill to the freemen of Kingston, at the rent of 12 beyond the farm owed and cus- tomary. They continued to hold the town at this farm until 1208 when King John granted it to them at the fee farm of £ 50 yearly. In 1222 this fee farm had been granted to John de Atia for his maintenance in the royal service, and he drew it until 1226. In 1236 the town was assigned to Queen Eleanor as part of her dower, and in 1281 was said to be of the yearly value of £51 8s. 6d. In 1290 the manor of Kingston was extended at £52 8s. 6d. ln and was still in the hands of the queen-mother. The extra sum above the amount of the fee farm perhaps represents the money service from Postel's land, serjeanties, and purprestures which are expressly mentioned with Kingston in 1299 when the town was assigned in dower to Queen Margaret. In 1300 the custody of Kingston was granted to the local merchant Edward Lovekin that he might reimburse himself from the farm and other issues of that town for £500 lent to the king. The farm was granted to Queen Isabel in 1327. Under Richard II in 1378 began a long series of grants of portions of the fee farm to various officers and persons connected with the royal household. It is possible that the freemen of Kingston at this time had made considerable purprestures, for which they paid addi- tional rent, as in 1381 the farm was said to be £ 54 8s. 10d., and in aid of this the king granted them, in 1392, a shop and 8 acres of land which were escheats to the Crown. Part of the farm was assigned in the middle of the 15th century to the expenses of the royal household, and in 1507 the manor of Kingston was farmed by Thomas Lovell, who committed waste of timber in Walton-on- Thames. On the formation of the honour of Hampton Court in 1540 the fee farm was annexed to it, and part remitted in consideration of the fact that much of the land paying quit-rent towards the farm was now inclosed in the royal parks. The abatement was questioned, but ratified in 1563. The farm of Kingston was assigned as part of the dower of Queen Catherine in 1665-6, but was alienated in 1670, and in 1794 was only about £8.
The greater part of mediaeval Kingston was held in burgage in aid of the fee farm, a quit-rent of 2d. being paid on the acre, and sums varying from 2O/. to a farthing on tenements. Quit-rents were also paid by lands throughout the manor, and were received in the 16th century from the manors of Imworth, Clay Gate, East Molesey, Molesey Matham, Berwell, | WIKI |
Reading time: 8 min 54s
May 7, 2023
Smith machine RDL: Form, Benefits and Tips
Written by Julien Raby
Love or hate it—the smith machine RDL is a staple exercise by many lifters. Many enthusiasts denounce the smith machine for being too easy or ineffective. So, is the smith machine Romanian deadlift worth it, or should you stick with a conventional barbell?
Let’s look at the advantages, disadvantages, and best-use cases for the smith machine Romanian Deadlift.
What Is an RDL?
The Romanian deadlift, or RDL, is a variation of the traditional deadlift. The movement isolates the glutes and activates muscles in the posterior chain, like the hamstrings, erector spinae, and adductors.
As a compound movement, the RDL strengthens the core and lower body simultaneously. It can be used as a leg-focused exercise or an accessory to improve your standard deadlift.
What Muscles Does the Smith Machine Romanian Deadlift Activate?
The Romanian deadlift is a variation of the conventional deadlift, making it a compound movement. It utilizes the posterior chain and targets muscles like the glutes, hamstrings, calves, and back. That said, it activates mainly the glutes and hamstrings.
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It’s helpful in strengthening the legs and can improve your traditional deadlift and squat.
The hip hinge movement is also beneficial, as it places less pressure on the knees while increasing hip and back strength. The Romanian deadlift requires muscle tension that helps build mass in the lower body, especially the hamstrings.
What’s the Problem With Smith Machine RDLs?
Many lifters knock the smith machine and those who use it. But it’s just a barbell attached to safety rails, so you can lift it without a spotter, right? Not quite.
One of the downsides to the smith machine is that the bar only moves vertically, limiting the forward/backward motion. This design restricts and changes your form during an exercise. The adjustments to the range of motion can be drastic and feel unnatural.
Additionally, restricted motion can place additional stress on your joints if you aren’t careful. This can increase the chance of injury and is more common during squats.
Smith machines can also make certain lifts easier, as it essentially controls the barbell for you. The limited forward/backward movement stabilizes the bar for you and requires less muscle activation. Some models even have counterbalance systems that stabilize the weight and help you pull it back up.
So, can you use a smith machine for Romanian deadlifts? Yes, but be sure to practice caution and use proper form. Remember that you won’t be activating the same muscles or using the same load, so you might see fewer gains over time.
What Are the Advantages of the Romanian Smith Machine Deadlift?
Although there are apparent downsides to the smith machine Romanian deadlift, several factors can benefit lifters. The smith machine might be better for newer lifters and can be handy if you don’t have access to a barbell. Let’s take a look at some additional benefits of the movement.
More Accessible for Beginners
The smith machine can be more accessible for beginners looking to jump into the gym or learn the Romanian deadlift. The restricted bar path makes the RDL easier to perform and can help new lifters learn the technique.
Not to mention, the smith machine is available in almost all commercial gyms. You can visit your local gym, step up to the smith machine, and improve your fitness without hassle. This factor may be advantageous for those with less experience with a barbell or who feel intimidated by the gym.
You Can Start With Less Resistance
Traditional barbells start at 45 lbs. The smith machine allows you to start below this, allowing you to perform the RDL with 25, 35, or 40 lbs. Less weight can be beneficial if you’re just starting, warming up, learning techniques, or recovering from an injury.
Additional Stability
The smith machine doesn’t allow the barbell to travel forward or backward. Instead, the bar is restricted to a vertical path. Although this limitation requires less muscle activation, it can offer more stability for some lifters. The barbell is essentially stabilized for you, so you don’t have to worry about losing balance or falling forward.
When to Use the Smith Machine Over Standard Barbells?
Let’s face it; standard barbells can provide more benefits than the smith machine. But that doesn’t mean the smith machine is entirely useless. It’s a valuable piece of equipment that can be used by any gym-goer, regardless of their experience or fitness level. Here are a few situations where you might want to use the smith machine.
You Don’t Have Access to a Barbell
The smith machine can be invaluable if you don’t have access to a conventional barbell. Many home and apartment gyms are limited to smith machines, dumbbells, and primary machines.
Although dumbbell variations can help activate more muscles, you can’t use as much weight as you can with a traditional barbell or smith machine. In these cases, it’s better to use the smith machine, as you can pull more weight.
You’re a Beginner
Although it might be best to start with the conventional barbell version, the smith machine can still be valuable for beginners. Besides technique, new lifters need to develop consistency with attending the gym. If you only have access to the smith machine or it helps you work out more often, it’s perfectly fine to use it.
You Need Less Load
The smith machine has a lower minimum resistance than a conventional barbell. Less weight can be advantageous if you’re recovering from injury, warming up, or learning technique. Traditional barbells start at 45 lbs.
You’re Performing Deadlift Variations
Deadlift variations, like the Romanian and stiff-legged variations, can be acceptable on the smith machine. Regular deadlifts are more significant compound lifts that lose value on the smith machine. RDL and straight-leg variations work similar muscles but isolate the hamstrings and glutes. The isolation makes them better suited for the smith machine.
How to Perform a Smith Machine Romanian Deadlift
Smith machine Romanian deadlifts can be excellent at isolating the hamstrings and strengthening the glutes, adductors, core, and lower body. Here’s how to perform the smith machine RDL:
1. Assume the starting position by standing on an elevated platform behind the smith machine bar.
2. Keep your feet hip-width apart with a slight bend in your knees.
3. Firmly grasp the barbell with your palms down. Your hands should be about shoulder-width apart with the bar above the middle of your feet.
4. Now, hinge at your hips and bend the knees gently. Maintain a stiff back by pulling the shoulder blades together. The movement is mainly at the hips.
5. Lower the bar towards the ground until you feel a stretch in the hamstrings.
6. After, push your hips forward and pull back on your knees to return to the starting stance.
7. Now, repeat the process for repetitions.
Avoid These Mistakes
Although the smith machine is beginner-friendly, It’s possible to injure yourself on the smith machine. Avoiding common pitfalls can ensure you leave the gym injury-free and get the most out of your session. Here are a few mistakes to avoid when executing smith machine Romanian deadlifts.
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Facing the Wrong Direction
Facing the wrong direction on the smith machine is a common and dangerous error. The wrong stance when doing the deadlift can lead to excessive hip extension, lower back strain, and injury.
Rounding the Back
Just like the barbell variation, rounding the back on the smith machine can also lead to strain and injury. Arching your back places excessive stress on the back, which can be detrimental over time. Ensure you keep a neutral spine and don’t overextend your neck.
Incorrect Feet Position
Keep your feet shoulder or hip-width apart when performing the smith machine Romanian deadlift. This will help you use the correct muscles and avoid injury.
Keeping the Bar Far Away
If the bar is too far away from your shins, you’re more likely to arch your back and suffer injury. Instead, keep the bar no more than one inch away from your shins to prevent your back from rounding.
Jerky Movements
Jerking the bar or your body is another common mistake. Unfortunately, jerky movements can lead to injury and muscle imbalances. Instead, tighten your core and work through your heels to maintain balance.
Romanian Deadlift Alternatives
You can try several RDL variations with or without the smith machine. These exercises will target similar muscles, including the glutes, hamstrings, and back. Here are a few to keep in mind.
Barbell Romanian Deadlifts
The barbell Romanian deadlift is the first choice when it comes to substitutions. It’s the same movement pattern but requires more stabilizing muscles and effort than the smith machine. Don’t feel intimidated if you’ve never used a barbell before. You can use bumper plates to get your technique down and work your way up to heavier weights.
Smith Machine Stiff-Leg Deadlifts
Stiff-legged deadlifts on the smith machine are another fantastic substitution. The exercise type targets the hamstrings, glutes, and low back, especially the hamstrings. Additional stability from the smith machine allows you to isolate these muscles further, making it perfect for adding to your leg day.
Smith Machine Rack Pull
If you’re looking to target your back, consider the smith machine rack pull. This type of exercise will improve the top portion of your deadlift technique and strengthen your back and traps. Wrist straps can help you pull heavier weights, making it ideal for building mass.
Is the Smith Machine Better for Romanian Deadlifts?
Most lifters recommend the barbell over the smith machine. That said, the smith machine Romanian deadlift can better suit beginners or those who want to isolate the hamstrings even further. The downside of the smith machine is that it doesn’t activate as many muscles, restricts the bar path, and can be easier.
Is it OK to Do Deadlifts on the Smith Machine
Performing regular deadlifts on the smith machine is not recommended unless you have prior experience. The deadlift is a compound lift that requires lots of power from several muscle groups. The restricted movement path from the smith machine bar will affect your form and increase the chance of injury.
Why Is the Romanian Deadlift More Difficult?
The Romanian deadlift exercise can be more complicated than conventional deadlifts because your back and legs stabilize the direction of the bar without stopping at the ground. The eccentric (downward) movement makes it challenging, emphasizing the hamstrings and glutes more.
About Julien Raby
My name is Julien Raby and I’m one of the owner of BoxLife. Here’s my background on LinkedIn if you want more info. I’ve been active pretty much my whole life and I discovered Crossfit about 7 years ago. I want to help you improve your Crossfit performances by giving tips on specific movements, workouts and equipment. You have a question? Get in touch! | ESSENTIALAI-STEM |
Blaine Horvath, Tye DeGrange
Blaine Cameron Horvath and Tye Armstrong DeGrange were married March 7 at the Seattle Municipal Courthouse. Judge Ed McKenna, officiated. In April, Mrs. DeGrange will become the director for member development at the Riveter, a women’s online co-working space based in Seattle. She was until last month a senior sales manager at IfOnly, an e-commerce and charity start-up based in San Francisco. She graduated from Whittier College in Whittier, Calif. She is a daughter of Beverly Lavezzo Horvath and Dr. G. Dennis Horvath of Solvang, Calif. The bride’s father is an orthopedic surgeon and the director of the orthopedic residency program at Community Memorial Hospital in Ventura, Calif. Her mother is a registered nurse working at multiple orthopedic surgery centers in Ventura and Santa Barbara, Calif. Mr. DeGrange is the founder and chief executive of Round Barn Labs, an online marketing firm in Seattle. He graduated from the University of California, Santa Barbara. He is the son of Virginia Armstrong DeGrange and Ronald D. DeGrange of Santa Rosa, Calif. The groom’s parents are the owners of the Cloverleaf Ranch in Santa Rosa, which is being rebuilt as a result of the Tubbs fire, one of the most destructive wildfires in California history, which occurred in October, 2017. The couple both grew up riding horses — she in Winter Park, Fla., and he on his family’s ranch in Santa Rosa. They were inspired to start a company together, SaddleUp, an online marketplace for buying, selling and leasing horses based in Seattle that is scheduled to open in the fall. The couple met in Ventura at a mutual friend’s holiday party in December 2013. | NEWS-MULTISOURCE |
Page:The Green Bag (1889–1914), Volume 15.pdf/72
A Lawyers Studies in Biblical Law.
43
reported in the Book of Chronicles that could exercise his power to appoint another Simri, a younger son, was made chief of the became rare and exceptional, so that the children of Merari by his father; and the Deuteronomic law which provided that the chronicler states that this was an exception first born should not be disinherited or rather to the general rule that the chieftainship that his share of the patrimony should not went to the eldest born. be minimized, was probably a late step in the Among the kings it seems to have been evolution of this custom. It is only when the rule to appoint the successor to the the exercise of "a right has been restricted by any custom and has become the exception Crown irrespective of any rights of primo geniture. King David gave the Crown to rather than the rule that positive legislation his son Solomon, who so far from being the steps in to put an end to it entirely, because first born was the fourth son of David's it seems to be an anomaly, although it is a perfectly legitimate survival of an older his seventh king (I Kings, i, 34-35); Rehoboam made Abijah, the son of his beloved wife, his torical period. This fact, however, is not gen successor, although he was not the first born erally known to the people who are not (II Chronicles, xi, 18-23). These cases, and aware that the exception to the common more particularly those referring to the old practice of their own time is the true law of patriarchal times, have suggested to some former times. students the thought that there existed the There could only be one first born in the so-called junior right among the ancient He patriarchal family, although in the polyga brews, according to which the rights and mous matriarchal family there may have privileges of the patriarch descended to the been as many first born sons as there were youngest son instead of the oldest. It is pos wives. In all the genealogical lists given in sible that the earlier cases may have been sur the Bible it is the first born of the father vivals of such a right and that the law in who is known as the Bekhor (Genesis xxv, Deuteronomy was one of the steps by which 13; xxxv, 23; xxxvi, 15; xlvi, 8; Exodus vi, the junior right was destroyed. The fact 14; Numbers i, 20; xxvi, 5; I Samuel, xvii, that the later examples given in the Bible 13; II Samuel iii, 2; I Chronicles iii,i-o.; are taken from the customs of the royal fam iv. 4). After the exodus, when Moses took ily may be explained by the welf-known fact! a census of the first born of the males of the that ancient customs survive among the rul children of Israel from a month old and up ing classes long after they have been dis ward, he found that there were 22,273. This carded by the common people, and the so- fact is used by John David Michaelis, a called special privileges and prerogatives of learned scholar of the last century, in his the Crown are merely survivals of customs work, Mosaisches Recht, (Volume 2, page 84), which were anciently common to all the for the purpose of proving that the Bekhor, people, and which the conservatism and self- whenever referred to in the Bible, means interest of the royal families maintained. the first born of the father and not of the Some of the later examples, however, fully mother. His argument is ingenious and indicate that there are exceptions to the gen amusing. He says in substance that the eral rule which had been established, that the record shows that 600,000 adult males left first born was entitled to succeed to the Egypt- To this must be added at least headship of the family or the tribe or the 300,000 males under the age of twenty years, nation. those constituting the male children not in The right of the first born was established cluded in the 600,000, and this would give a gradually, as the cases in which the patriarch i total number of males of 900,000. Of these | WIKI |
Talk:The Time Warp Trio
This article is way too short-it needs much more information and a spell check.
Title
The title of the show is Time Warp Trio not The Time Warp Trio.Someone needs to change this.--Always Gotta Keep It Real, Cute 1 4 u 17:39, 8 August 2006 (UTC)
* Done Ragzouken 20:02, 6 September 2006 (UTC)
The first book title appears to be simply "Knights of the Kitchen Table", not as presented. Amazon has ISBN<PHONE_NUMBER> for the Puffin edition at [] Henry Troup 21:34, 18 December 2006 (UTC)
Facts
Sam is not a nerd, he is a geek. Joe's last name is not Arthur, that is his middle name. Joe's dad is an archeologist. Sam's mom is a freelance writer. The trio all live in Brooklyn. Sam always outwits Joe and Fred. Joe's sister knows more about the Book than him Think outside the box 12:01, 26 September 2006 (UTC)
season 2!
I heard that WGBH is planning to make a season 2 of Time Warp Trio! - User:Mark Alvarez —Preceding unsigned comment added by <IP_ADDRESS> (talk) 19:48, 20 November 2007 (UTC)
* I mailed WGBH to ask about new episodes, and they mailed back to say that they will make new episodes if or when they find a sponser. --User:Mark Alvarez
* Really! I have proof! Here is the link: . --User:Mark Alvarez —Preceding unsigned comment added by <IP_ADDRESS> (talk) 21:32, 7 December 2007 (UTC)
* Scroll down to production grants! It says that WGBH plans to make 13 new episodes! -- User:Mark Alvarez —Preceding unsigned comment added by <IP_ADDRESS> (talk) 21:35, 7 December 2007 (UTC)
A bunch of people have emailed WGBH and we even have a petition to sign to get one. WGBH always says they're waiting for a greenlight from PBS and funding. I say email PBS about it. —Preceding unsigned comment added by Cosmicsk8rchic (talk • contribs) 16:55, 24 December 2008 (UTC)
Jo or Jodie?
I know they refer to her as Jodie in the TV series but didn't they call her Jo in the book. I could be wong about this, but someone please verify. —Preceding unsigned comment added by Paycheckgurl (talk • contribs) 02:30, 4 October 2008 (UTC)
Her name is Josie in the book series. Her nickname is Jo. In the television series they changed her name to Jodie, no idea why though.
Chapter Books
Are the chapter books all based on the TV show? They have the same names as the episodes, I noticed. If so, could mention that they're based on teleplays, the books themselves should have that info if anybody has copies of them.--<IP_ADDRESS> (talk) 13:27, 23 March 2009 (UTC) | WIKI |
Linda Hayes (actress)
Linda Hayes (born Rachelle Germano, October 11, 1918 – December 19, 1995) was an American actress.
Hayes was raised on a farm near Sac City, Iowa. Her father left farming and left Iowa, moving to Pasadena to work in automobile sales. After the move, Hayes gained some training in drama and acted with a stock theater company.
Hayes worked in a San Francisco night club as a hat-check girl and won a regional contest as part of the Gateway to Hollywood radio program before losing in the final round. She signed a long-term contract with RKO Pictures. She appeared in the films The Girl from Mexico, The Spellbinder, Conspiracy, Sued for Libel, Mexican Spitfire, Millionaire Playboy, Millionaires in Prison, I'm Still Alive, Mexican Spitfire Out West, The Saint in Palm Springs, Men of the Timberland, Raiders of the Desert, Citadel of Crime, South of Santa Fe, Romance on the Range and Ridin' Down the Canyon. | WIKI |
Joseph Lightner
Joseph Keith Lightner (July 25, 1900 – June 6, 1988) was an American football player and coach. He served as the 18th head football coach at Dickinson College in Carlisle, Pennsylvania and he held that position for three seasons, from 1923 until 1925. His record at Dickinson was 17–7–2. Lightner took over the second half of the 1923 season after B. Russell Murphy resigned with an 0–2 start.
Professional athlete
Lightner played football professionally in 1922 for the Frankford Yellow Jackets before the team joined the National Football League. He also played baseball professionally for the Reading team in the International League from 1921 (as "William Lightner") to 1925. | WIKI |
WEST BR. BOOM CO. v. PENN. JOINT L. & L. CO.
EBJROB TO THE COUBT OE COMMON PLEAS OE LYCOMING COUNTY.
Argued March 12, 1888
Decided October 1, 1888.
1. When matters in a proviso to the charter of a private corporation are made and intended to be essential conditions of the enjoyment of the charter, the privileges granted must be enjoyed subject to the conditions, or not enjoyed at all : Dugan v. Bridge Co., 27 Pa. 309.
2. But where in the charter of a private corporation the commonwealth has granted a public franchise, a clause merely relative to the manner in which such franchise shall be exercised, will not be so construed as to defeat the purpose of the grant : Whitaker v. Canal Co., 87 Pa. 34.
3. The provisos to §§ 3 and 7, act of March 29, 1849, P. L. 245, relative to the manner of constructing the booms and the stopping of rafts and logs, with reference to the free passage and unobstructed navigation of the river, etc., shall not be so construed as to forbid the temporary detention of logs, marked and intended to be driven below the boom, under circumstances in which it would not be reasonably possible to sepai'ate and pass them.
4. Wherefore, such temporary detention not being ultra vires the boom company, for whatever injuries that are caused to the owner or owners of logs thereby, the special remedy for the ascertainment of the damages by the award of disinterested freeholders, provided by § 3 of the act, mnst be pursued : Bald Eagle Boom Co. v. Sanderson, 81* Pa. 402.
5. Brown v. Susquehanna Co., 109 Pa. 68 ; Whitaker v. Canal Co., 87 Pa. 34 ; Monongahela Bridge Co. v. Kirk, 46 Pa. 112 ; Commonwealth v. Railroad Co., 27 Pa. 365 ; Susquehanna Boom Co. v. West Branch Boom Co., unreported, followed ; West Br. Boom Co. v. Dodge, 31 Pa. 285, defectively reported.
Before Gordon, C. J., Paxson, Sterrett, Clark and Williams, JJ.; Tritnkey and Green, JJ., absent.
No. 89 January Term 1887, Sup. Ct.; court below, No. 538 March Term 1885, C. P.
On January 12,1885, a summons in case was issued by The Pennsylvania Joint Lumber .& Land Co. against The West Branch Boom Co., to recover damages for the detention of logs in the boom of the defendants and for the resulting deterioration in their value. The defendants pleaded, not guilty.
The plaintiffs owned and operated a saw-mill at Williams-port, twenty two miles below the defendants’ boom at Lock Haven, and also owned and operated extensive timber lands at the head waters of the West Branch of the Susquehanna, upon which river the defendants’ boom was constructed. The defendant company was incorporated by the act of March 29, 1849, P. L. 245, followed by the supplementary act of May 8, 1854, P. L. 666.
At the trial on October 4, 1886, the plaintiffs showed in substance that on January 30, 1883, and on the same date in 1884, they had given notices to the defendant company, as. provided by § 7 of the incorporating act, that they required them to pass through their boom logs with certain marks upon them which would be put into the river the springs following' the notices; that the logs were put into the river as notices had been given, and should have reached the boom of the Susquehanna Boom Co., at Williamsport, on the spring floods, but they were detained in the boom of the defendant company, causing loss by the delay and deterioration, which was reckoned in damages. The plaintiffs then rested.
The defendants then made the following offers:
Defendants’ counsel now propose to prove by this and other witnesses, that shortly after the West Branch Boom Company was incorporated, a company was regularly organized and proceeded to erect and construct in the West Branch of the Susquehanna river, at and above the city of Lock Haven a boom with cribs and piers, in the usual and ordinary manner in which booms arc constructed upon the West Branch of the Susquehanna river, for the purpose of catching logs; that that boom has been regularly maintained from the year 1850 to the presént time; that the length of the boom is about one mile, and its capacity is from twenty-five to thirty millions of feet of lumber in an ordinary flood.
That in the year 1883 there were five saw mills in Lock Haven, the owners of which received logs from the West Branch Boom; that their logs were put in the river above the boom and were driven into the boom on the early spring flood of that year; that during the first flood in 1883 a very large amount of logs were put into the West Branch of the Susquehanna river and its tributaries, part destined for the West Branch Boom, to supply the saw mills of Lock Haven, but by far the larger part destined for the Susquehanna Boom at Williamsport, about twenty-two miles below the West Branch Boom; that these logs, destined both for Williamsport and Lock Haven, were thrown indiscriminately into the river at different points on the small streams and on the main river; that they were marked with several hundred different kinds of marks, some of which were letters, some figures, and some emblems of various kinds, all the marks being on the ends of the logs; that when these logs came into the West Branch Boom they completely covered the surface of the water, and filled up the West Branch Boom, partly with logs destined to Lock Haven and partly with logs destined to the Susquehanna Boom at Williamsport; that this flood was late in February or early in March, 1883, and the West Branch Boom Company proceeded at once and put on a large force of men for the purpose of rafting out the logs intended for the Susquehanna Boom at Williamsport; that they employed from sixty to eighty men, and worked always ten hours a day, and sometimes at night and sometimes on Sundays, for the purpose of delivering the logs at Williamsport, below the West Branch Boom; that all the logs were rafted out of said boom on March 31, 1883; that shortly after another flood came and the boom was again filled, and on April 21st, the West Branch Boom Company commenced with the same force, and with the same activity, to raft out those logs, and that they finished rafting and cleaned out the boom on May 19th; that subsequently another flood came and filled or partly filled the boom, and the boom company proceeded to raft out those logs in the same manner, and cleaned the boom entirely of logs on August 11, 1883. That subsequently, or immediately after the boom was emptied, another small flood came, and the boom company proceeded in the same manner, and cleaned out the boom on September 6,1883 ; that all the logs destined for the Susquehanna Boom at Williamsport were delivered into the river below the works of the West Branch Boom Company prior to September 8, 1883.
That in the year 1884 another very large amount of logs were placed in the West Branch of the Susquehanna river, above the boom of the West Branch Boom Company, comprising an equal number of marks and as large a quantity of logs as the year before, and driven in the same way, and filling the boom as it had been filled in the year 1883; that the Boom Company defendant immediately commenced with the same force of men, working the same number of hours, to raft out the logs and deliver those destined to Lock Haven to the owners there, and those destined to Williamsport into the river below the boom; that thejr finished and cleaned out the boom on April 26, 1884; that another flood came early in June of that year, and the defendants commenced on June 7th, with the same force, and cleaned out the boom and delivered all the logs destined for the Susquehanna Boom, and finished delivering all the logs intended for the Susquehanna Boom on August 21, 1884.
That this boom of the West Branch Boom Company is constructed of wooden piers filled with stone, connected by sticks of square timber extending up the river, and at its end a shear boom projects from the northern shore. That the river is narrow at the upper end of the boom and for some distance above it, and the logs run into the boom in large quantities, and it is an actual and physical impossibility to deliver the logs below the boom faster than they were delivered by the defendants in the years 1883 and 1884; that the defendants used every appliance and means, expended large sums of money, employed a great many men and did everything in their power that it was possible to do by human ingenuity and skill to deliver the logs of the plaintiffs below the boom, so that they could be driven into the Susquehanna Boom; that the marks of the logs are invariably upon the end, and it is impossible to ascertain to whom those logs belong until the mark can be seen, and that can only be done when the boom is opened and the logs passed out; that it is impossible to open the boom on a high stage of water, because all the logs, both those destined for Williamsport and those intended for Lock Haven, would go out together, and no human power could stop them; that the only delay in the years 1883 and 1884 arose in waiting for the water to subside so as to enable the men to work on the boom.
This for the purpose of showing: (1) That under the charter of the West Branch Boom Company, it had a right to erect and maintain its boom in the West Branch of the Susquehanna river at Lock Haven, in the county of Clinton. (2) That it did not detain the logs of the plaintiffs in either of the two years, but delivered them below its boom as rapidly as it was possible to deliver them. (3) That the defendants, having a right to erect and maintain their boom, and the plaintiffs having delivered their logs into the river with the knowledge of the boom structure at Lock Haven, were bound to take all their logs as soon as they were delivered below the boom of the West Branch Boom Company and do as they pleased with them, and they cannot make the defendants liable for any delay occasioned by the action of the river.
Plaintiffs’ counsel object:
(1.) Because the defendant company" is required by law to stop no logs destined to Williamsport, and it is no excuse in this suit, that having stopped them the defendants used their best efforts to turn them loose. The act being in violation of law, the defendants are responsible in damages occasioned by the detention, without regard to the skill or diligence employed to sort the logs; nor is it any difference that the boom structure is erected as other boom structures are, it being only lawful for them to stop such logs as are destined for Lock Haven. (2.) Because as to the owners of logs designed to be driven below the boom at Lock Haven, as in the case at bar, the defendants are bound to see that the passage of the logs is not obstructed by the boom, and the company is not justified in stopping by their boom any lumber excepting rafts designed to be stopped there. (3.) Because there is no offer on the part of the defendants to show that the logs of the plaintiffs were not detained, as averred and proven in this case, the substance of the offer being merely to excuse an unlawful act. (4.) Because, as to all logs destined for points below Lock Haven, the erection of the West Branch boom structure in the West Branch of the Susquehanna river is an unauthorized and illegal obstruction, and as to all owners, excepting those desiring their logs to be stopped at Lock Haven, a public ■nuisance. (5.) Because the evidence is impertinent, irrelevant and immaterial to the issue trying.
By the court: The objections, except the fourth, are sustained and the evidence excluded.1
Defendants’ counsel now offer to prove by this and other witnesses that in the years 1883 and 1884, there were cut and put in the West' Branch of the Susquehanna river, in each year more than two hundred millions feet of saw logs above the city qf Lock Haven and above the West Branch boom; that these logs were intended partly for Lock Haven and partly for Williamsport; that the owners of the saw mills at Lock Haven received their logs from the West Branch Boom Company, and those at Williamsport from the Susquehanna Boom Company; that these logs came in together upon the floods each year; that they filled up the boom of the West Branch Boom Company, and it was impossible to separate the logs and deliver those intended for Lock Haven and those intended for the mills below, any faster than they were delivered in the years 1883-4. That the said logs were not detained in the West Branch boom by any act of the boom company except by closing their boom, and the logs ran into the boom by the power of the water. This for the purpose of showing that the logs were not detained, but were all passed through the boom as fast as it was possible to pass them.
Counsel for the plaintiffs object to the offer, and recite the first three objections to the last preceding offer, and object, (4.) because the offer itself admits a detention of these logs by the closing of the boom at Lock Haven. (5.) Because the evidence is impertinent, irrelevant and immaterial.
By the court: The objections are sustained, and the evidence excluded.2
Defendants’ counsel now propose to prove by this and other witnesses that the franchises granted by the legislature to the West Branch Boom Company, by the act of incorporation, can be exercised in no other way and in no other manner than they have been exercised since the year 1850 and up to the present time, as proposed to be proved by the two offers already excluded.
Counsel for the plaintiffs object for all the reasons stated to the last preceding offer, and recite them here.
By the court: The objections are sustained, the evidence excluded.8
The case was then closed on the evidence, when the court, Cummin, P. J., charged the jury and answered the points presented as follows:
The plaintiffs are the owners of extensive tracts of timber lands upon the head waters of the West Branch of the Susquehanna river. They own and operate a mill in this city. Their business is carried on by cutting this timber in the woods, putting their marks upon it and then casting it into the streams in the spring, and it comes down on the floods in the river. The plaintiffs allege that, while they did this in 1888-4, and put in very large quantities of logs each year, when these logs came to near Lock Haven, where the West Branch Boom Company have a structure in the river, they closed their boom and caught a large quantity of them, not only once but at different times during the year, and thus detained them on their passage down the river; and that the plaintiffs had given the notice required by law each year, as follows: [Court here reads notice] : that this continued to such an extent, that when it came to the fall of the year there still remained back a large quantity of their logs which- had been caught in this boom, and they were obliged to expend large sums of money in bringing them down; all their other logs on the same drive having come through except these that were detained; that they commenced to bring their logs down, but did not succeed in getting them in their harbors until Thanksgiving Day of each year, both dates being after the sawing season, and that they were therefore required to keep them over winter. They claim here that if the defendants had not detained these logs they would not have suffered damage. They say that in 1883 they were compelled to bring these logs down, and that to drive them down from Lock Haven it cost $1,112.70, which was one dollar per thousand on 1,112,706 feet. In 1884 they were required to bring down the same way 791,603 feet, but that year had to pay but forty-five cents per thousand, amounting to $356.22. They claim here that by reason of this delay these logs did not come into their actual possession until after the sawing season. By reason of that they lost a considerable quantity of this lumber; by being exposed to the weather that length of time the sap was lost in the measurement of the lumber. This is put by some of the witnesses at such a per cent; some at two dollars per thousand. I think one witness, said one and one half to two dollars a thousand. Others put it at so much per cent, amounting to about the same.
The defence set up in this action is that these defendants had a right to stop these logs, and their duty was to turn them through the boom as rapidly as they could do it. They offered to show this, and to show that there was no negligence, [but, as you may remember what was said at the time the motion was made when the plaintiffs closed their case, this court is of the opinion that we are bound by the decision of the Supreme Court in the case of West Br. Boom Co. v. Dodge, 31 Pa. 285, and in this case our present step is taken relying solely upon that decision. It is of no importance what our views may be about this charter. The decision is binding upon the court and jury, and so we receive it, as we have no power to review the decisions of the Supreme Court. We accept that as the law and go by it. And so we are of opinion that the defence was not valid, because it was held in that case that they had no right to stop the logs at all, and that is the point on which the plaintiffs claim in this case. For, under their charter, they are bound to allow a free passage to all logs destined below their boom and to stop none except those destined and intended to be stopped at that place. That is the view we have taken. There is no other defence except the one which I have stated. It leaves nothing then but the amount for you to ascertain that these plaintiffs are entitled to recover].8.....
Defendants’ counsel request the court'to charge the jury:
1. That the said defendants having been incorporated by an act of the general assembly of this commonwealth, approved March 29, 1849, and its supplements, and by said act having been authorized to erect a boom at Lock Haven, said charter should be so construed as to best effectuate the intention of the legislature, though such construction may seem contrary to the letter.
Answer: Affirmed. I must presume that the Supreme Court had that in view when they ruled the former case.4
2. That by the terms of the said charter the said boom company was authorized to erect a boom at Lock Haven of cribs and piers and shear booms, and they did so erect said boom, and if the logs of the plaintiffs came into the boom so erected by legislative authority, they cannot recover by merely proving that they were detained in said boom, but they must show some negligence or omission or misuse of power by the boom company, and’having failed to show either in this case the plaintiffs cannot recover.
Answer: That point is refused.3
3. That the charter of the company defendant provides, in § 3, that if any person or persons shall suffer damage by the exercise of the powers therein granted, the person aggrieved shall apply to the Court of Common Pleas of Clinton county, by petition, for the appointment of three disinterested freeholders to ascertain said damage; and, as this action is a common law action, it cannot be maintained, and the plaintiffs’ only remedy is under the charter of the boom company.
Answer: That point is also refused.6
4. That under all the evidence in this case the verdict should be for the defendants.
Answer: That point is also refused. As I have said, there is but one thing for you to do, and that is to ascertain the amount which your verdict should be for the plaintiffs.7 Take the figures I have given, and the injury to the logs, which if you compute at two dollars per thousand, would be 15,277.53, to which interest should be added.
The verdict of the jury was in favor of the plaintiffs follé,950, upon which judgment was entered. The defendants then took this writ. The errors assigned were:
1-8. The refusal of defendants’ offers.1 to 3
4-7. The answers to defendants’ points.1 to 7
8. The part of the charge embraced in [ ] 8
Mr. H. T. Harvey and Mr. Henry C. Parsons, for the plaintiffs in error:
1. Id the case at bar, there was neither averment nor proof of negligence. All that was alleged and all that was proved was, that the logs of the plaintiffs with thousands of others, came into defendants’ boom, constructed by legislative authority ; and, although the defendants offered to' show that they were turned out as soon as it was physically possible to do so, their offer was rejected, and the jury were told in effect that as the logs had come into the boom, it was enough to render the defendants liable in damages. Such, we submit, is not the law. “ Statutes are to be construed as best to effectuate the intention of the makers, which may sometimes be collected from the cause or occasion of passing the statute, and when discovered it ought' to be followed with judgment and discretion in the construction, though that construction may seem contrary to the letter of the statute: ” Mr. Justice Trunkey, in Improvement Co. v. Commonwealth, 94 Pa. 455. To the same effect are Commonwealth v. Fraim, 16 Pa. 169, and Howard Ass’n’s App., 70 Pa. 346. Whitaker v. D. & H. Canal Co., 87 Pa. 34, in many respects resembles this case. The act upon which the canal company relied for its power to construct the dam, provided that the company should not make any improvements upon their works, “unless the same shall be so constructed as to leave the channel of said river as safe or convenient for the descent of rafts as it now is.” This court said: “When the plaintiff avers that the defendants have constructed and maintained their dam in violation of their statutory rights, and in such manner as not to be the least obstructive to the navigation of the river, consistent with the use of the dam for the purpose of their franchise, and by some negligent act have caused him immediate injury, the burden is on him to prove his averments. The mere fact that the rafts were injured by the dam is not enough.”
2. The proviso to the second section of the incorporating act was construed b}r Mr. Justice Gordon, in Susq. Boom Co. v. West Br. Boom Co., decided at Harrisburg, June 2, 1880, and unreported, wherein it was held that a literal construction of this provision utterly defeats the grant: “ This, however, will not do, for a proviso in a grant for a public franchise cannot be allowed to defeat the grant itself.” The opinion concludes : “The act has made ample provision for a free and unmolested navigation, and for the earliest possible transmission of lumber necessarily lodged within the booms; and if in this or any other particular the defendant neglect or fail to perform its duty, it is answerable for any damages arising from such neglect or failure.” This is exactly what we offered to prove, to wit: that every effort was made for the “ earliest possible transmission of lumber necessarily lodged within the boom.”
3. It is to be observed that there is no allegation of proof of negligence in this case; therefore, the defendants’ third point, to the effect that by the third section of the incorporating act the legislature had provided a specific mode by which damages were to be ascertained and determined, and that no other mode could be pursued. Section 2 of the act describes the powers of the company with minuteness. Immediately following this enumeration of their powers is § 3, prescribing a remedy if any person shall suffer damage by the exercise of the powers granted. That remedy is not a common law action. If in the exercise of their powers, they stop logs, and are in no way negligent in passing or securing them, why should not the remedy pointed out by the act of assembly be pursued ? No answer was given to the point but a simple negative, which was error: see Bald Eagle Boom Co. v. Sanderson, 81* Pa. 402; Act of March 21, 1806, 4 Sm. L. 332.
Mr. H. C. McCormick and Mr. J. A. Beeber, for the defendants in error:
I. Has the defendant company the legal right, under its charter, to stop and detain in its boom logs destined for Williamsport and other points below ?
1. By the supplementary act of May 8, 1854, P. L. 666, it was provided: that § 7, of the act of March 29, 1849, incorporating the company, should “ be so construed that it shall be the duty of all persons desirous of driving logs below said boom, to give a written notice as required by said seventh section, otherwise the same may be stopped in said boom, notwithstanding the proviso in said section.” The charter must be construed as a whole, and in such manner that all its provisions may be operative if possible. “No lumber of any description shall be stopped, except upon the written request of the owner or owners of the same, and no toll or expense shall accrue to any lumber designed to run or to be driven to any point below Lock Haven; a free and unobstructed passage shall at ah times be kept open, so that the navigation shall be free as it now is.” The only change made by the act of 1854, is to require of persons a notice in the time provided by the seventh section, “ otherwise the same may be stopped.” The construction of the charter contended for by the defendants, would utterly abrogate the proviso. The defendant company is a private corporation, chartered to do a certain thing, and forbidden to do certain other things. That proviso is an absolute prohibition, as strong as language can make it, against stopping any logs intended for points below.
2. It is true, as a general proposition, that “ a proviso or saving clause totally repugnant to the body of the act, is void,” but this rule does not apply where such proviso is part of the act constituting a private corporation: in such case it is to be taken as an essential condition of the compact between the public and the corporation: Dugan v. Bridge Co., 27 Pa. 309; Flanagan v. Philadelphia, 42 Pa. 232; Clark v. Bridge Co., 41 Pa. 158; Monongahela Bridge Co. v. Kirk, 46 Pa. 130; McKeen v. Canal Co., 49 Pa. 434; C. & P. R. Co. v. Speer, 56 Pa. 334. But the charter of defendant company has already received an authoritative construction by this court, in a case wherein the issue tried was precisely the same as in the case at bar : West Br. Boom Co. v. Dodge, 31 Pa. 285. In that case, this court said: “ It appears to us, therefore, that in its relation to the owners of lumber designed to be driven below the boom, the company is bound to see that its passage is not obstructed by their boom, and they are not justified in stopping any lumber, not of staved rafts, except what is designed to be stopped there.” And in Susq. Boom Co. v. West Br. Boom Co., unreported, cited by tbe defendants, this court, per Mr. Justice Gordon, said: “We think the proper construction of this act is fairly worked out in the case of West Br. Boom Co. v. Dodge, 31 Pa. 285,” etc.
II. Was the remedy for this injury an action on the case, or by the specific method laid down in the third section of the charter?
1. By its charter and the supplement thereto, as well as by the construction given it in West Br. Boom Co. v. Dodge, 31 Pa. 287, the defendant company was authorized to erect booms for the purpose of stopping and securing lumber floating upon the river and not designed to be driven to points below said boom. No power or authority is given “to stop and secure logs” of owners who have mills below and design to drive their logs there to be sawed, if notice is given before March 1st, in each year as was done in the case at bar. Hence in stopping the logs of the plaintiffs the defendants were not exercising any power given by their charter, but were abusing their privileges and neglecting the performance of duties expressly commanded. For injuries received in such case, the appropriate and only legal remedy is at common law by an action on the case: Schuylkill Nav. Co. v. McDonough, 33 Pa. 73; Penn. & O. Canal Co. v. Graham, 63 Pa. 297; Fehr v. Schuylkill Nav. Co., 69 Pa. 169; White Deer Creek Imp. Co. v. Sassaman, 67 Pa. 415.
2. It is submitted that Bald Eagle Boom Co. v. Sanderson, 81* Pa. 402, does not convict us of error in this position. The company in that case was chartered to stop and secure logs and lumber floating on the creek. Its boom and all the attendant fixtures were but the means to this end, and hence if the company in the exercise of these powers cause any damage, the proceeding to assess the damages must be in the manner provided by its charter. All the authorities recognize the plain distinction, observed by the court below in holding that this defendant company was liable at common law for injuries caused by it when acting without authority of law.
Opinion,
Mr. Justice Clark:
By its charter the West Branch Boom Company was authorized to erect and maintain a boom on the south side of the West Branch of the Susquehanna river near Lock Haven; and to this end, to construct such piers, side branches, or shear booms as might be necessary for stopping and securing logs or other lumber floating upon the river; and' they are required at all times, to keep and maintain these piers and the booms sufficiently strong to secure all the lumber contained therein. The charter clearly contemplates the several distinct classes of lumber which, floating on the river, would come in contact with or be caught in the boom, and defines the duty of the company with respect to each:
First, it was provided that rafts of logs or other lumber might be landed and fastened as theretofore, and that any staved or broken raft coming into the boom should be delivered to the owner, upon payment of a certain price in the nature of salvage.
Second, that logs or other lumber might be driven into the boom for manufacture at Lock Haven, or to be formed into rafts and transported upon the water, in that form, to the place of their destination below Lock Haven. This would seem to have been the first and principal object in view in the construction of the boom, as it is provided in the charter as follows: “It shall be the duty of the corporation to cause the passage ways or open spaces to be carefully guarded day and night, so that no lumber be permitted to escape; to raft all lumber in said booms securely and faithfully, with suitable warps and wedges for rafting and securing the same below the said boom.” The corporation had the right to charge and collect toll or boomage upon the lumber thus • boomed, rafted and secured, including warps, wedges, etc., at rates in the 6th section specified.
Third, other logs and lumber rafted in above Lock Haven and destined for points below, and logs and other lumber not rafted, which were to be driven to. their destination below Lock Haven. As to this there was a proviso or saving clause to the second section as follows: “ Provided that said booms shall not extend more than half way across said river, and be so constructed as to admit the safe passage of rafts, boats, logs, masts, spars or other lumber, and not impede the navigation of said river and the branches thereof;” also a fike proviso or saving clause to the 7th section as follows: “Provided at all times, that no lumber of any description shall be stopped, except upon the written request of the owner or owners of the same, and no toll or expense shall accrue to any lumber designed to run, or to be driven, to any point below Lock Haven; a free and unobstructed passage shall at all times be kept open so that the navigation of the river shall be as free as it now is.”
It is upon the proper construction of these saving clauses that the controversy arises. Plaintiffs’ contention is, that as their Logs were destined to points below the Lock Haven boom, and due and proper notice of that fact had been given as required by the act of May 8, 1854, P. L. 666, the defendants had no right to stop them, or to detain them, for any length of time in their boom, under any circumstances or for any purpose; and that, having done so in the years 1883 and 1884, they are answerable in damages for the loss occasioned thereby. The defendants maintain, however, that this construction of their charter would give it no practical effect whatever; that the several provisos mentioned, if so construed, are totally repugnant to the body of the act of incorporation and would wholly defeat the public purpose which the legislature manifestly had in view in its enactment. Their contention is, therefore, that the saving clauses should receive such a reasonable construction as would not practically nullify their charter. They offered to prove, in substance, that the plaintiffs’ logs, for the detention of which damages are claimed in this suit, were thrown into the river, or some of its tributaries, in the winter or spring of 1883 and 1884, to be driven into the Susquehanna boom, 22 miles below the West Branch boom; that at or about the same time a very large amount of other logs, perhaps 200,000,000 feet or more, some destined for the West Branch boom, and some for the Susquehanna boom, were thrown into the same stream indiscriminately, and that, when the spring freshets came, the whole mass of logs was driven down the stream; that the swollen stream was filled with logs from bank to bank, and as the “ drive ” approached the West Branch boom, it was absolutely impossible to ascertain to which boom the logs were destined; that they could only be known by inspection of the marks on the ends of the logs, of which there were over 100 different kinds; that some of the logs were in fact destined for Lock Haven, and some for Williamsport, but that the marks could not be seen nor their destination determined; that in order to secure the logs consigned to their custody, the West Branch Boom Company thereupon opened their boom, and received into it of the mass of the logs, without distinction, until their boom was filled, and suffered the residue to pass down the stream; that as soon as practicable, and with the utmost diligence and dispatch, they passed out of their boom all the plaintiffs’ logs and all other logs destined for points below Lock Haven; that they used every appliance and means, expended large sums of money, employed a great many men, and did everything in their power, or that it was possible to do by human ingenuity and skill, to deliver the logs of the plaintiffs below their booms so that they could be driven into the Susquehanna boom; thatthe marks are on the ends of the logs and it is impossible to ascertain to whom the logs belong, until the marks can be seen, and that can only be done when the boom is opened and the logs passed out.
Was this testimony admissible ? Under the circumstances stated in the offer, had the defendants a right to detain the plaintiffs’ logs, until the marks upon them could be seen, and until they could be separated from logs which were consigned to their custody and care ? Boom companies are organized to carry on, on a large scale, and under one management, the business of driving and rafting logs which would otherwise have to be done by individuals; they are intended to supply facilities for the driving of logs to the general public, and are therefore quasi public corporations: Osborn v. Boom Co., 32 Minn. 412; Cohn v. Boom Co., 47 Wis. 314. “ It is doubtless true,” as we said in Brown v. Susquehanna Boom Co., 109 Pa. 68, “that such charters ought to be construed most beneficially for the public, and more strictly against the company, but the construction must be a reasonable one. The charters of most private corporations are for the purpose of private gain, and many of them grant exclusive privileges in abridgment of individual right; but as they are intended also to sub-serve great public interests, they should be so construed as not to defeat the purpose of their creation. The Susquehanna Boom Company was not only intended to serve the private interests of the corporation, but also that of the public, and especially of those who with rafts, logs or lumber, should navigate the stream: it purposed to Jo for them what they could in no way do for themselves. Whilst therefore, the words of the charter should be construed with some degree of strictness for the public protection, they should not be construed to require the performance of what, in the nature of the case, ■cannot bo performed.’"
It is a general principle in the construction of statutes, that a proviso or saving clause, which is directly repugnant to the body of the act, will not have effect to defeat the purpose of the enactment. This principle it is true will not apply in the construction of the charters of pritate corporations, where the matters contained in the saving clause are made, and intended to be made, an essential condition of the enjoyment of the charter. If private corporations accept charters under such circumstances, they take them cum onere; they must enjoy their privileges subject to the conditions, or not enjoy them at all; Dugan v. Bridge Co., 27 Pa. 809. But, even in such case, we must first be satisfied what the condition really is, and in' case of ambiguity or doubt, the intent of the legislature, in this respect, must be ascertained from a consideration of the whole instrument. In the case just cited, although the building of the bridge may necessarily have involved the erection of piers, yet it was not shown that these piers could not have been erected in such place and in such a manner as not to injure the navigation. Besides, the condition was plainly expressed : it involved no ambiguity or repugnancy, either in the words of the statute, or arising out of its practical operation.
In this case however, the manifest purpose of the legislature was to authorize the West Branch Boom Company to stop all lumber marked for their boom. ‘ The defendants allege that to do this and to comply with the provisions of the saving clause contained in the 2d and 7th sections, in any literal or strict sense, involves a practical and palpable absurdity, and that it is not probable the legislature intended the language of this proviso to be read in that sense. They contend that the saving clause to the 7th section, which provides that “No lumber of any description shall be stopped except upon the written request,” etc., does not apply to the mere temporary detention of the logs, until the marks can be seen and their destination determined.
Private charters, as we have said, are to be strictly construed,' but when the commonwealth grants a public franchise over a highway, a clause, relative to the manner in which such franchise shall be exercised, will not be construed so as to defeat the grant: Whitaker v. Del. & H. Canal Co., 87 Pa. 34. In the case cited, a corporation was authorized by its charter to construct a dam in a river, “provided that the same shall be so constructed as to leave the channel of said river as safe and convenient for the descent of rafts as it now is.” “ The plaintiff complains,” says our late brother Trtjnkey, in the opinion of the court in that case, “that the river is not as safe and convenient for navigation as before the erection of the dam. Unquestionably this is so. A dam in a stream is an impediment, and in some degree renders its navigation less safe and convenient. A literal construction of this provision makes it impossible to build and maintain the dam, and the conceded right vanishes.....Various statutes have been from time to time enacted authorizing public improvements, some of which would obstruct or impede the navigation of rivers, and others the use of streets and roads, which contained provisions forbidding such obstructions and impediments. The courts have uniformly held that these provisions should be liberally construed so as not to destroy the grant.” In support of this principle are cited Monongahela Bridge Co. v. Kirk, 46 Pa. 112 and Commonwealth v. Erie & N. E. R. Co., 27 Pa. 365. In the former case the charter of the company provided, that nothing therein contained should authorize the erection of a bridge over the Monongahela river “in such manner as to injure, stop or interrupt the navigation of the river by boats, rafts or other vessels.” It was held that the proviso was not intended to prevent the erection of piers in the bed -of the river. Although piers in the bed of a navigable stream inevitably injure navigation and render it more difficult, they do not necessarily “injure, stop or interrupt the navigation ” in the sense in which these words were used by the legislature. A strict, literal meaning was not intended, and in the very nature of the case it never could have been. When the purpose of the franchise is the performance of a public act, the grant is to be so interpreted as to enable the act to be done. “ The general rule,” says Mr. Justice Read, “undoubtedly is, that charters of incorporation of private companies are to be construed strictly in favor of the commonwealth — so are grants to any persons — but they are to be construed reasonably. It is very clear that when the purpose of the franchise is the performance of a public act, the grant is to be interpreted so as to enable the act to be done. The act for the provision so made in this charter was a public one. It was the extension of one highway over another. Nor was the erection of the bridge less the performance of a public function, because the agent was empowered to exact tolls from passengers. The legislature is not to be supposed to have authorized and prohibited such a public act, at the same time and by the same charter; a grant of power to erect a public bridge is not to be construed so as to make its erection impossible, and such a construction justified by the rule that private charters are to be strictly interpreted.” In the case of the Commonwealth v. E. & N. E. R. Co., 27 Pa. 365, the charter of the railroad company had a provision in it, that the railroad “ should be so constructed as not to impede or obstruct the free use of any public road, street, lane or bridge now laid out, open or built.” Chief Justice Black, in the opinion of the court rendered in that case, says: “And another objection to this location is more grave, because it bases itself on a provision in the act of incorporation. It is said that the streets would be less obstructed by taking the road down to the harbor, than by locating it where the defendants propose. The company is forbidden to make the road so as to obstruct or impede the free use of any street. These words taken literally and in their strongest sense, would prevent the railroad from being made on the streets at all. But we followed authority in saying they were not to be so interpreted.”
But the rule of construction applicable here would seem to have been settled by the judgment of this court in the unreported case of the Susquehanna Boom Co. v. The West Branch Boom Co., argued at the January Term, 1877. The proviso to the 2d section, as we have said, provides “ That the said booms shall not extend more than half way across the river and be so constructed as to admit the safe passage of rafts, boats, logs, masts, spars or other lumber, and not impede the navigation of said river and branches thereof.” Whilst the permanent portion of the boom structures was on the south side and did not extend more than half way across the stream, yet the company swung the shear from the north side of the river, and when the shear was closed the entire stream was for the time obstructed. The Susquehanna Boom Company thereupon filed a bill in equity in this court praying that the West Branch Boom Company might be enjoined from maintaining the shear; on full consideration, however, the bill was dismissed. Our brother Gordon in delivering the opinion of the court said: “ Whether the defendant has the right to the use of the shear by which, at least occasionally and for a short time, logs intended for the' Susquehanna boom must be stopped, depends altogether upon the powers conferred upon it by its charter; beyond this it cannot go; it must abide by what is written therein or what arises therefrom by necessary implication......A literal construction of this proviso utterly defeats the grant, for as we have seen the boom without a shear, and that from the north side, is worthless; but more than this, if the boom itself must be so constructed as to allow the passage of boats, rafts and lumber through it, it is wholly worthless, since in that case it would hold nothing. This however, will not do, for a proviso in a grant for a public franchise cannot be allowed to defeat the grant itself: Whitaker v. Canal Co., 87 Pa. 34. . ......We are brought to the conclusion, which, after much examination and thought, we regard as inevitable, that the defendant had the right under its charter to maintain and use the shear which it did have and use at the time of the filing of this bill. Without such a structure the franchise itself is valueless; neither can the corporation answer the purposes of its creation nor perform the duties imposed upon it by the act of incorporation. It must therefore have its shear booms, and of course it must use them in accordance with the terms of the statute. The act has made ample provision for a free and unobstructed navigation, and for the earliest possible transmission of lumber necessarily lodged within the booms, and if in this or any other particular the defendant neglects or fails to perform its duty, it is answerable for any damages arising from such neglect or failure.”
These cases show conclusively that we are not to adhere strictly to a literal construction of this charter, if by so doing we defeat the public purpose to be subserved thereby; the provisos are to be construed so, as not to defeat the grant itself. The swinging of the boom from the north side assumes the power of the corporation for some purposes over the whole width of the river; and the right to use the shear, and to stop their own logs driven indiscriminately with the logs of others, assumes the right, under the circumstances stated in the offer, to stop the mixed mass of logs for the shortest time reasonably necessary, by the use of the utmost diligence and skill, to withdraw from that mass their own logs. To decide otherwise would be to defeat the very purpose which the legislature had in view.
That this was the actual legislative intent, however, is manifest upon a careful reading of the proviso to the 7th section. It is provided that “ no lumber of any description shall be stopped except upon the written request of the owner or owners of the same.” Now it is plain that the stopping referred to here, is not a mere temporary interruption of the progress of the logs for the purpose mentioned, but a stopping of the logs as at the place of their destination at the request of the owner. Further, it is provided “ that no toll or expense shall accrue to any lumber, designed to .run or to be driven to any point below Lock Haven.” If it was contemplated that such lumber was not under any circumstances to be stopped in the West Branch boom, how could any toll or expense accrue upon it ? Assuming, however, that this class of lumber might and probably would at times come within the inclosure of this boom, it was reasonable and proper, conceding the right to interrupt its passage temporarily and for a lawful purpose, to make provision that there should be no toll or expense charged for turning it out.
But it is said that the identical question now under discussion was decided otherwise in West Branch Boom Co. v. Dodge, 31 Pa. 285. What the precise facts in that case were does not appear ; it was an action on the case for the detention of a quantity of saw logs which ran into the defendants’ boom in the spring of 1852. The jury found a verdict for the plaintiffs by consent, subject to the opinion of the court whether in law the plaintiffs were entitled to recover. Under what circumstances, for what purpose, or for what length of time, the logs were detained, does not appear in the report of the case. The opinion may or may not be in conflict with the views here expressed; that depends wholly upon, the facts upon which it is based. .There are some general expressions contained in it, which might appear to be in conflict, not only with the rulings in this case, but with Susquehanna Boom Co. v. West Branch Boom Co., already referred to. These expressions, however, may be made with reference to a state of facts wholly different from the facts in this case, or in the case mentioned. However this may be, we are well satisfied that the construction we have given to this charter is the reasonable and proper one, and that it is in conformity with the' rule now recognized in this state.
If the facts set forth in the offer are established by the proofs, it follows, that the defendants in stopping the plaintiffs’ logs, under the circumstances and for the purposes stated, were exercising powers conferred by their charter, and for any negligent performance of these powers, would be answerable only according to the provisions of the charter: Bald Eagle Boom Co. v. Sanderson, 81* Pa. 402.
The judgment is reversed and a venire facias de novo awarded. | CASELAW |
Wikipedia:Articles for deletion/Erik J. Berg
The result was no consensus. Stifle (talk) 10:53, 26 May 2009 (UTC)
Erik J. Berg
* ( [ delete] ) – (View AfD) (View log)
This is a child actor with a bright future, but who doesn't currently meet the inclusion criteria. While he has acted in a widely reviewed movie, he has only been named in passing in reviews—certainly he does not star in it. Come back in a few years. Bongo matic 08:06, 11 May 2009 (UTC)
* Comment I've found reviews that make it clear he plays a signficant role in Haunting, but we need multiple (at least two) such roles to meet inclusion criteria despite the lack of indepth sources. The IMDB listing for "I Really, Really Like You" has him up relatively high in the credits, but they are unreliable especially since I've seen them mess that up in the last by listing the title character around that spot. Could someone dig up paper publications about that production? =- Mgm|(talk) 10:26, 11 May 2009 (UTC)
* What are the sources you are referring to? I checked some of the more reliable reviews (Variety, NY Times, Roger Ebert) and he didn't get a mention. Bongo matic 11:49, 11 May 2009 (UTC)
* I'm referring to the reviews by The Scotsman, The Birmingham Mail and The Gazette in Montreal here and the reviews listed at Metacritic. Both the character Berg plays and the room the character lives in are critical to the story. What I'm asking is whether IMDB is by chance correct in listing him high up in the credits for the other film I mentioned. If it is and it can be proven, then "2 or more significant roles" clearly apply. - Mgm|(talk) 10:29, 18 May 2009 (UTC)
* The Scotsman: "The building used to be a funeral parlour and the old owner's son Jonah (Erik J Berg) was a conduit for evil, bridging the divide between the real and the spirit worlds. Jonah returns to wreak havoc on the Campbells." this is the last paragraph of a three paragraph blurb, and the only mention of the character or actor. This is what is called a "passing reference", and does not constitute "significant coverage".
* The Birmingham Mail: Almost identical text to The Scotsman.
* The Gazette: Mentioned once in credits, with no further mention of actor or character. Bongo matic 22:52, 18 May 2009 (UTC)
* Note: This debate has been included in the list of Living people-related deletion discussions. --Erwin85Bot (talk) 00:00, 12 May 2009 (UTC)
* Relisted to generate a more thorough discussion so consensus may be reached. Please add new comments below this notice. Thanks, Ron Ritzman (talk) 00:02, 18 May 2009 (UTC)
* Delete I don't see all these sources either and in addition and for the record I take issue with "multiple" meaning "two or more" in this situation. Drawn Some (talk) 01:53, 18 May 2009 (UTC)
* Why would this situation be any different from all the other articles we have? - Mgm|(talk) 10:32, 18 May 2009 (UTC)
* Exactly. Drawn Some (talk) 16:56, 18 May 2009 (UTC)
* weak keep In looking toward WP:GNG: Alonso Duralde of MSNBC: "I was particularly taken with Berg, who has almost no dialogue, but who expresses volumes through his eyes and facial expressions; he could have been huge in silent cinema, but hopefully there’s a place for him in talkies as well. (It’s Berg, incidentally, who you see on the posters with the weird driftwood-like blob thing coming out of his mouth.)" seems a bit more-than-trivial and would tend to nudge the bar of the WP:GNG a bit more. Schmidt, MICHAEL Q. 07:35, 20 May 2009 (UTC)
* Weak keep I would side with MichaelQ. The problem originates in the inherently subject nature of WP:GNG, todays interpretation of "significant" etc. It cetainly passes WP:V. Power.corrupts (talk) 07:30, 26 May 2009 (UTC)
| WIKI |
Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/61
Rh
THE SCHEDULE—continued not enter into force until such time as the amendment to this Convention or to the protocol enters into force. ARTICLE 19 VERIFICATION Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be submitted by the Secretariat to the Parties. ARTICLE 20 SETTLEMENT OF DISPUTES 1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this Convention or any protocol thereto, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the dispute, if the parties to the dispute agree, shall be submitted to the International Court of Justice or to arbitration under the conditions set out in Annex VI on Arbitration. However, failure to reach common agreement on submission of the dispute to the International Court of Justice or to arbitration shall not absolve the Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1.
3. When ratifying, accepting, approving, formally confirming or acceding to this Convention, or at any time thereafter, a State or political and/or economic integration organization may declare that it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:
* (a) submission of the dispute to the International Court of Justice; and/or
* (b) arbitration in accordance with the procedures set out in Annex VI.
Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties. | WIKI |
Page:Cyclopedia of Painters and Paintings, 1887, vol 4.djvu/427
VERWILT Medals : Brussels, Paris (1864, 1878), Vien- na ; Order of Leopold, 1871 ; L. of Hon- our, 1881. Works : Banks of the Scheldt ; Horses at Pasture ; View in the Ardennes ; Zealand Team, Brussels Museum ; St. Se- bastian's Guild (1881) ; Ox and Bull Fight- ing (1884). Meyer, Conv. Lex., xix. 998. VEEWILT, FRANgOIS, born at Rotter- dam in 1598, died there in 1690 or 1691. Dutch school ; landscape, figure, and por- trait painter, pupil of Cornelia Dubois, then of Poelenburg, whose style he imitated. His works ai-e extremely rare. Works : Son of Admiral van Nes (1669), Amsterdam Muse- um ; Magdalen Penitent, Cassel Gallery ; Repose in Egypt, Czernin Gallery, Vienna. Irnmerzeel, iii. 190 ; Kuust-Chronik, xx. 508. VESALIUS, ANDREA, portrait, Titian, Palazzo Pitti, Florence ; canvas, H. 4 ft. 3 in. x 3 ft. 11 in. The eminent anatomist, author of "De Humani Corporis Fabrica" (Bade, 1543), when an old man. Other por- ti-aits of him differ from this in features. Engraved by T. Ver Cruys ; Paradisi. C. & C., Titian, ii. 418 ; Gal. du Pal. Pitti, iii. PI. 122. VESTAL TUCCIA, Hector Leroux, Cor- coran Gallery, Washington ; canvas, H. 4 ft. 6 in. x 8 ft. 2 in. Tuccia, a vestal charged with want of chastity, stands on the banks of the Tiber, raising above her head with both hands a sieve, praying to Vesta to al- low her to bear it filled with water to her temple in proof of her innocence. Salon, 1874 ; Paris Exhibition, 1878. Art Treas- ures of America, i. 6 ; Corcoran Gal. Cat. VESTALS, SCHOOL OF, Hector Leroux, J. J. Astor, New York ; canvas, H. 5 ft. x 10 ft. Scene : Interior of Temple of Vesta, Rome ; in foreground, a bronze tripod with the never-dying fire, upon which the chief priestess pours a libation while a vestal, at her left, reads from a scroll ; in front, two priestesses of superior dignity sit upon rich chairs with footstools, and the novices stand around in a semicircle. Salon, 1880. Pho- togravure in Ail Treasures of America, ii. 5. VESTIER, ANTOINE, born at Avallon (Yonne), April 28, 1740, died in Paris, Dec. 24, 1824. Portrait painter, pupil of Pierre ; received into the Academy in 1786 ; after travelling for a long time in Holland and England, settled in Paris. Works : Por- trait of Jean Baptiste Pierre (1786), Ecole des Beaux Arts, Paris ; Artist's Wife (1787), Female Portraits (2), Louvre, ib. Bellier, ii. 665 ; Jal, 1263. VETSAJO, IL. See liembo, Gian Fran- cesco. VETTER, HEGESIPPE JEAN, born in Paris, Sept. 21, 1820. Genre and portrait painter, pupil of Steuben. Medals : 3d class, 1843, 1867; 2d class, 1847, 1848, 1855 ; L. of Honour, 1855. Works : Bay- ard as a Child (1844); Moliere with the Bar- ber of Pezenas (1847) ; Alchemist (1848), Angers Museum ; Studying by Lamplight (1850) ; Quarter of an Hour with Rabelais, Master of Arms (1855) ; Smoker, Woman Reading, The Story (1857) ; Woman Dress- ing, Going out Walking (1859) ; Bernard Palissy, The Declaration (1861); Molttre. and Louis XIV. (1864), Luxembourg Mu- seum ; Mascarille presenting Jodelet to Ca- thos and Madelon (1865), Orleans Museum ; Mignon playing with a Cup and Ball (1866); In the Tavern (1867); Mazarin (1872), Lux- embourg Museum ; Flight into Egypt (1874); An Exquisite (1875) ; The Letter (1878) ; St. John the Baptist, Saint Jacques du Haut-pas, Paris; Two Angels, Saint Louis d'Antiu. Bellier, ii. 665 ; Meyer, Gesch., 662 ; Larousse. VEYRASSAT, JULES JACQUES, born in Paris in 1825. Landscape and animal painter, pupil of Lefman. Paints both in oil and water-colour. Medals : 2d class, 1872 ; L. of Honour, 1878. Works : Drink- ing Cider, Harvesters (1850) ; View at M. Hereau's (1852); Manure Carts (1853); Peas- ants going to Fields (1855) ; Peasants din- ing in Fields, Gleaners, Meal in Shadow of MiU (1857); Tow-Horses on the Seine (1859), Pau Museum ; Tow-Horses in the Morning, Harvest near Morlair, Harvest near Paris, 363 | WIKI |
What Causes Morning Sickness?
Ask Well Millions of women suffer from the nausea and vomiting of pregnancy, but scientists are still exploring the underlying causes. Q. Why don’t we know more about what causes morning sickness? With millions of data points annually, it seems like there should be good data! A. So-called morning sickness affects as many as four out of five pregnant women and can strike at any time of day, making nausea and vomiting of pregnancy a more accurate name for the condition. Until recently, researchers had only vague hypotheses to explain it, but recent studies point to a possible cause and could even open new doors to treatment. Nausea and vomiting is most common in the first trimester but can last until the baby is born, ranging from mild nausea to its most severe form, hyperemesis gravidarum, characterized by relentless vomiting that can lead to malnutrition, weight loss and electrolyte imbalance that endanger the health of both the mother and fetus. Hyperemesis gravidarum is one of the most common reasons for hospitalization in pregnancy, second only to preterm labor, and occurs in somewhere between 0.3 and 3 percent of pregnancies. Marlena Fejzo, a geneticist at U.C.L.A. and the University of Southern California who studies hyperemesis gravidarum, had this severe form of the condition and, despite multiple medications, IV fluids and a feeding tube, miscarried at the beginning of the second trimester. One study led by Dr. Fejzo showed that hyperemesis runs in families, with sisters of women with the condition having a 17-fold increased risk of experiencing it themselves. Less severe nausea and vomiting has also been shown to be strongly heritable. [Read more about hyperemesis gravidarum: The pregnancies of the Duchess of Cambridge put the condition in the spotlight.] More recent research by Dr. Fejzo and colleagues has identified several genes that are associated with nausea and vomiting in pregnancy. One codes for a protein known as GDF15, which is produced in large quantities by the placenta in early pregnancy and has a receptor in an area of the brainstem linked to vomiting and reduced food intake. The protein appears to be found in higher concentrations in pregnant women with nausea and vomiting, making it a plausible candidate for causing the condition. These recent discoveries also fit with an existing hypothesis that nausea and vomiting during pregnancy may be part of an evolutionary strategy to protect developing fetuses by reducing the chance that their mothers will consume foods containing toxins or pathogens during a critical time of organ development. “Maybe it’s an evolutionary trade-off that we keep a very, very low-risk diet in the first trimester of pregnancy,” said Dr. Stephen O’Rahilly, director of the metabolic diseases unit at the University of Cambridge. GDF15, he said, could be the “signal which says, ‘don’t eat much, lie in the corner, wait until this is over.’” Research also shows that women who experience nausea and vomiting in pregnancy have a lower risk of miscarriage. “I think it’s appealing in terms of an explanation, and maybe it will lead to other therapeutic targets, which would be interesting,” said Dr. Hyagriv Simhan, professor of obstetrics and gynecology at the University of Pittsburgh School of Medicine, though he noted that other factors are likely to contribute. Indeed, another hypothesis is that human chorionic gonadotropin (hCG), a hormone produced by the placenta, causes nausea and vomiting, although Dr. Fejzo’s research and another recent study don’t support this idea. Both Dr. Fejzo and Dr. O’Rahilly are optimistic that a drug targeting GDF15 could be useful for treating hyperemesis but note that pharmaceutical companies are hesitant to test new drugs on pregnant women, a fear that can be traced back to the thalidomide disaster of the 1950s and ’60s, when that drug was used to treat nausea and vomiting in pregnancy and resulted in children born with major limb abnormalities and other birth defects. “After that, pregnant women were scared to try medications, and doctors were afraid of prescribing them, and drug companies were afraid of developing them,” Dr. Fejzo said. The “huge lawsuit culture” in the United States has further discouraged pharmaceutical investment, leaving most anti-nausea drugs without adequate testing or official approval for use in pregnant women, she said. The American College of Obstetricians and Gynecologists recommends that pregnant women with nausea and vomiting first try diet and lifestyle changes. If these don’t help, there are several safe pharmaceutical options, but they don’t work for everyone. “Understanding and treating it, at least preventing its more adverse consequences like hyperemesis, is intrinsically valuable, and we shouldn’t just write it off as just part of being pregnant,” Dr. Simhan said. Do you have a health question? Ask Well | NEWS-MULTISOURCE |
Harry Reid says contested Democratic convention possible
Washington (CNN)Senate Minority Leader Harry Reid said Thursday that the Democratic race for president could drag on for months -- and possibly to the Democratic National Convention in July. In an interview with CNN, Reid said that the race between Bernie Sanders and Hillary Clinton shows no signs of dying down, even as the former secretary of state had hoped the upcoming Nevada caucuses and South Carolina primary would be her launching pad to the Democratic nomination. "These races go on for a long long time," Reid said. When asked if that included a brokered convention, he responded "Sure, seriously some of the old conventions produced some good people." Reid also said, "It would be kind of fun." Reid's comments reflect the party establishment's growing uncertainty about Clinton's viability and lingering questions about whether she can hold off the Sanders surge. But Democratic National Committee Chairwoman Debbie Wasserman Schultz says she sees a contested convention as unlikely. "I do think that this will continue to be a robust primary that will play out over the course of the next several months," Wasserman Schultz told CNN's Jake Tapper on "The Lead" Thursday. "But there were predictions of a brokered convention, a fight that would go all the way to the convention, in 2008, if you recall, Jake, and that didn't happen. It didn't happen because this was wrapped up in a timely process through the normal primary schedule, and I think that will be the case here." In the wide-ranging interview in his office, Reid raised concerns about both Sanders and the Clinton camp, criticizing the Vermont independent's proposal to raise taxes on the middle class to pay for his policy ideas. And he ridiculed Clinton's campaign for suggesting that 80 percent of the Nevada electorate is white, suggesting that her team was out-of-step with his state's ethnic diversity. "Well, it appears to me they've been reading one of the old yearbooks from my high school," said Reid, 76. "They're way behind the times." Reid spoke just days before the next presidential contest, which will take place in his home state of Nevada on February 20. Coming off a huge victory in New Hampshire, Sanders has been spending big bucks on TV both in English and in Spanish, while adding at least 50 staffers and 11 offices in the state. Reid, who is neutral in the race, said that his state will be a toss-up, a potential warning to Clinton who had hoped that the Sanders bubble would burst after New Hampshire. "I think it'll be very close," said Reid, who still runs the state's political machine even as he prepares to retire at year's end. Reid added: "Clinton won one of the states already, Sanders won another state already, there's one more state, Nevada, then South Carolina. No matter what happens in Nevada or South Carolina, the race is going to go on." Reid: Trump 'reminds me of me' Just as Reid is paying close attention to the Democratic race, he's not afraid to lay out his views of the Republican side as well. And the blunt-speaking Nevada Democrat, who usually lays out brutal attacks against his political enemies, offered a surprising take on the GOP frontrunner, Donald Trump, saying the two are relatable. "He's a person who is authentic," Reid said. "You may not agree with his authenticity but he's authentic. People like that. He speaks his mind, which reminds me of me once in a while. I think that's something that's refreshing. He just says whatever he thinks is appropriate. I think some of the stuff is not so good but he does that. People identify with that. It wouldn't sell very well with Democrats but he's selling pretty well with Republicans." Reid declined to handicap Trump's chances against the eventual Democratic nominee, but he pushed back hard on Marco Rubio, ridiculing the Florida senator for consistently saying that Democrats are terrified to run against him. "Ha, ha," Reid chuckled when asked if Democrats were worried about Rubio. "He came in third in one election, in Iowa. He came in fifth in New Hampshire. I'm not quaking in my boots I'll tell you that." Attack ads threaten Clinton's chances Exit polls out of New Hampshire showed Clinton badly damaged over questions over trustworthiness, and Reid said there's a reason for that: The influx of attack ads trying to "denigrate" Clinton. "The Koch brothers and all their minions that are not only spending huge amounts of money trying to denigrate Hillary Clinton, but other candidates we have around the country," Reid said. "You guys don't do a very good job of reporting about that." Asked if that ad money would be detrimental to Clinton in a fall campaign, Reid said: "Of course, of course -- it already is. Why do you think her numbers are changed around? Because of all the millions of dollars spent against her. That's been so unfair." Still, Reid said he thought Sanders or Clinton could beat the GOP nominee -- and he downplayed concerns from moderates in his party that Sanders' socialist views would be devastating for down-ticket races. "Whoever wins the election, and you know it's going to go on for a while, as I've already indicated, we're, it'll turn out fine," Reid said. With his thumb and index finger extended, he said: "My worry is this small compared to any Republican that sees either Trump or (Ted) Cruz being their nominee." Reid on Sanders' tax plan: Let's leave the middle-class alone Unlike Clinton, Reid would not say if Sanders' plan to create a single-payer health care system is unfeasible, saying, "anything is possible." But he pushed back on Sanders' proposal to raise taxes across the board, including the middle-class, to pay for his sweeping domestic policies. "Well I'm a big fan of having the richest of the rich pay more, and the sad part about it is that they don't mind paying more, it's just the only people in America that don't believe they should pay more are the Republicans in Congress," Reid said. "Republicans around the country, the vast majority agree with me. So I'm in favor of doing that, but let's leave the middle class alone--they're really struggling." Iowa 'doesn't represent America' Despite Sanders' close-second place finish in Iowa and resounding victory in New Hampshire, Reid said the first test will be in Nevada, given the ethnic makeup of the state -- with its large influx of Latinos -- makes it more representative of the Democratic coalition. "Iowa doesn't represent America," Reid said. "New Hampshire, first of all very few people live there, and Iowa and New Hampshire are basically white states. Nevada is part of the Great West." Reid added that Iowa and New Hampshire should "absolutely not" have such power in choosing the parties' nominees. "That's why I pushed hard for Nevada and South Carolina so that then we go across the country after we get out of these states," Reid said. "But previously we never, we never stepped foot in Nevada or South Carolina. We did it all in New Hampshire or Iowa -- that was wrong." As he winds down his three-decade Senate career, Reid has made it a top goal to keep his Senate seat in Democratic hands, bring his party back to power into the chamber and help elect a Democratic president. But, he also knows his limitations. He suffered a brutal eye injury last fall, leaving him blind in his right eye. Asked how his eye was doing now, Reid dead-panned: "Still blind." | NEWS-MULTISOURCE |
The Pennsylvania Railroad Company, Appellant, v. The Greensburg, Jeannette & Pittsburg Street Railway Company. The Pennsylvania Railroad Company, Appellant, v. The Greensburg & Hempfield Electric Street Railway Company and Greensburg, Jeannette & Pittsburg Street Railway Company.
Contract — Railroads—Boroughs—Bridges.
Where a railroad company agrees with a borough to build an overhead bridge as a part of a public highway, the title of the bridge vests in the borough, although in the contract it was alternative to the borough that it should in consideration of the erection of the bridge cause a certain grade crossing to be vacated, or, failing to do so, should pay the railroad the cost of the bridge.
Streets — Dedication—Evidence.
On a bill in equity by a railroad company to restrain a street railway company from laying its tracks on a street where the railroad company had laid its tracks, the plaintiff claimed that the street was not a public highway. The evidence showed that the street had been notoriously and publicly used by the public for five or six years; that the owners in fee of the land had graded the street and agreed to dedicate it to the public; that the railroad company had recognized it as a street, and that the borough had spent hvrge sums of money upon it. Eeld, that the evidence was sufficient to sustain a finding of the court that the street was a public highway.
Street railways — Location—Act of May 14, 1889.
It seems that street railway companies incorporated under the act of May 14, 1889, P. L. 211, may build their roads elsewhere than upon streets properly and strictly so called.
Street railways — Additional servitude.
The laying of railway tracks on a suburban road is an additional servitude which cannot be imposed upon the owner of the fee against his will by the mere consent of the township authorities.
Street railways — Consent of all local municipalities.
The franchise of a street railway passing through several localities is an entirety, and the necessary local or municipal consent for the whole route must be obtained before it has aright to build any part.
Street railways — Railroad companies — Equity—Injunction—Special injuries.
Where the charter of a street railway company incorporated under the act of May 14, 1889, covers the route upon which the railway is built, and the company has secured the consent of the local authorities, of all the owners of property along the roads occupied, and of those through whose property its line passes, a railroad company cannot question the prima facie right of the street railway company to operate its road, unless it shows some interest in, or damage to, itself different from that of the general public.
The eighteenth section of the act of May 14, 1889, gives in express terms the right to street railway companies to cross railroads at grade, and a fortiori the right to cross overhead.
Railroad companies — Abutting landowner.
In respect to a mere crossing, a railroad company is not an abutting landowner to a passenger railway.
Street railway's — Location—Divergence from route — Act of May 14,1889.
Under the act of May 14, 1889, a street railway company may diverge from its chartered route for a short distance to avoid grade-crossings, or for any other reason amounting to necessity or great ¡Dublic convenience. The occasion for such divergence and its extent are questions of location, and the decision of them primarily is within the discretion of the railway company. If the variance from the charter route is greater than is necessary, or the charter route itself is open to objection, the commonwealth alone can be heard to make it in the interest of. the general public.
Railroads — Street railways — Equity—Act of June 19, 1871.
The fact that a railroad company is injured by a diminution of its passenger traffic by the construction of a street railway company does not give the railroad company any right to equitable relief against the passenger railway company under the act of June 19, 1871, P. L. 1861. The act applies to direct interference with rights, not consequential injury to interests, and the inquiry under it is limited in suits by private parties to the question of the charter-right to do the act complained of.
Railroads — Street railways — Overhead bridge.
Where a street railway company lays its tracks upon a bridge belonging to a borough and crossing a railroad, the railroad company has a right to enjoin the street railway company from operating its line until the bridge is strengthened sufficiently to safely bear the weight of street cars.
Argued Feb. 7, 1896.
Appeals, Nos. 17 and 18, Oct. T., 1896, by plaintiff, from decree of C. P. Westmoreland County, Nos. 288 and 296 in equity.
Before Sterrett, C. J., Green, McCollum, Mitchell and Fell, JJ.
Affirmed.
Bill in equity for an injunction.
The facts appear by the opinion of tbe court below, McConnell, J., which was as follows :
The affidavits filed on the granting of the preliminary injunction in this case set forth, inter alia, as follows:
“ That in the borough of Jeannette two branch tracks of the said Pennsylvania Railroad Company are constructed from a point west of the Seventh street overhead bridge in said borough in a southerly direction to various manufacturing industries, and that said branch tracks cross a driveway known as Clay avenue extension in said borough, the said Clay avenue extension never having been formally and legally opened as a street of said borough.
“ That the said Greensburg & Hempfield Electric Street Railway Company and the Greensburg, Jeannette & Pittsburg Street Railway Company, defendants herein, are about to break said tracks with the intention of placing therein crossing frogs to be used by the said electric railway company in the movement of its cars to and fro across the said branch of the Pennsylvania Railroad Company at grade.”
The contention of the complainant is, that the existence of the above recited facts demonstrates the illegality of the proposed act of the respondent, for it is said the respondent is only authorized, if it has any authority at all, to occupy the public streets, and that Clay avenue extension is not a public street.
If the facts recited exist, the law deducible from them is as contended for by complainant.
The testimony taken bears principally upon the question of whether the facts exist as above stated.
FINDING OF FACTS.
Without forestalling what a full hearing may ultimately show to be the facts of the case, it now fairly appears from the evidence before the court, that the main line of the Pennsylvania Railroad passes through the borough of Jeannette. South of the main line of said railroad in the borough of Jeannette are located the factories, warehouses, stockhouses, etc., of the Chambers & McKee Glass Company. From a point west of the Seventh street overhead bridge spanning the main line of the railroad, two sidings or branch tracks are constructed which extend to the factories, warehouses, stockhouses, etc., of the Chambers & McKee, Glass Company. These sidings are from fifteen hundred to eighteen hundred feet in length, and are used by the railroad in shipping supplies to, and conveying their product from, the works aforesaid.
These sidings intersect what is called Clay avenue extension —the driveway, as complainant designates it; the public street of the borough of Jeannette, as the respondents designate it.
On this Clay avenue extension the Greensburg, Jeannette & Pittsburg Street Railway Company has laid its track with the permission of the borough of Jeannette, and was about to break the track of the railroad company and to place therein such frogs and other devices as would enable it to cross at grade, when it was stopped by the service of the injunction in this case.
In 1887 or 1888 the land now occupied by the Chambers & McKee Glass Company’s works, together with other land then constituting one tract with it, was bought by Capt. D. Z. Brick-ell, vice president of said company. He conveyed, before any work was done in the constructing of the works, to Hartupee, who in turn divided it into three parts, and conveyed to the Chambers & McKee Company the portion on which their works are located, and which also included the land now traversed by Clay avenue extension.
The construction of the factories commenced shortly after this, and the sidings were constructed about the same time, and were made use of during the process of construction of the works.
Prior to the erection of the works a township road (the. borough of Jeannette was not then incorporated) traversed the ground now occupied by the buildings. This road was never vacated by any proceeding in court, but a part of the works was erected over it. This road ran parallel, or nearly so, with the Pennsylvania Railroad, and was the only one by which people from Penn and points west of Jeannette reached the latter point.
After the township road was closed up the public for a short time did not follow any well defined line of travel, but traversed the vacant lots then surrounding the works in whatever way they found to be most convenient.
The inconvenience resulting from the closing of the public road led certain citizens residing in the western end of the town of Jeannette to take concerted action for their relief. As a result of their negotiations with the Chambers & McKee Company, the said company agreed to dedicate to public use a thirty-foot street to supply the place of the public road which had been closed up. In order that this proposed street might reach the point aimed at, it became necessary for the citizens to supplement the right thus given by the Chambers & McKee Company by purchasing a thirty-foot lot from one Peter Gordon. This was done, and the title thereto was afterwards made to the borough of Jeannette. The two acquisitions together constitute what is called “Clay Avenue Extension.” Chambers & McKee graded the street. It crossed the switches of the Pennsylvania Railroad Company at grade. Crossing plant were put in and Clay avenue extension has been continuously used ever since as a public street. It, in fact, is the only thoroughfare through which public travel coining up the valley from Penn and points west of Jeannette reach the town last named.
The exact time when Clay avenue extension was opened up to public use does nob distinctly appear. An ordinance was passed by the council of Jeannette and signed by the burgess on the 18th of July, 1890, purporting to mate Clay avenue extension one of the public streets of the borough. It was opened up to public travel probably in the fall of that same year. The borough has maintained it at public expense continuously since its opening. The public user of it has been obvious and notorious and without the let or hindrance of any one. Both sidings of the complainant company were there and in use prior to the opening of Clay avenue extension, and, although not distinctly appearing from the evidence, it is nevertheless fairly inferable from the testimony of one of complainant’s witnesses that the crossings were put in by the railroad company. It does not appear that there were ever .any viewers appointed to assess damages; it does not appear whether any damages were ever claimed by the railroad company or whether it ever released damages for the crossing of its switches by Clay avenue extension. It does not appear whether or not the railroad company had any notice of the proposed adoption of the ordinance of July 18, 1890. The borough of Jeannette was incorporated on the 7th of June, 1889, pursuant to the provisions of the general borough act, and Clay avenue extension lies wholly within its limits.
At the time of locating the switches of the Pennsylvania railroad across the land now traversed by Clay avenue exten- • sion no written agreement was entered into with the Chambers & McKee Glass Company, the then owners of said land. In 1895 (September 23d), an agreement was entered into by the Chambers & McKee Glass Company of the first part, and The Pennsylvania Railroad Company of the second part, wherein the right of the railroad company to construct and maintain the western switch, and the extent of the user of it, is distinctly defined. By its terms it is provided that the railroad company has the privilege (revocable as stated below) of constructing, maintaining and operating said siding on the glass company’s land on the location as shown on the blue print attached (on which attached blue print Olay avenue extension and its intersection with said siding are distinctly set out and marked), for the purpose of loading and unloading cars, and that said company will not use said siding for any other purpose and will not permit any other person or persons to use the same for any purpose whatsoever. This siding is to be kept in repair at the expense of the railroad company. The glass company has the right to terminate the right and privilege given to the railroad company at any time by giving it ninety days’ notice of its intention so to do, and the railroad company is then forthwith to remove its property from the property of the glass company. The glass company claims that the railroad company is only entitled to a similar easement for the eastern siding, while the railroad company claims that by an oral agreement made at the time of its construction a conveyance in fee was to be given for it. That dispute is pending and undetermined by the parties to it.
No very serious dispute is now manifest about the existence of the foregoing facts, but counsel for the railroad company contend that they show that Clay avenue extension is not a public street of the borough of Jeannette, and that therefore the attempted occupation of it by the trolley company is illegal and without lawful warrant, while counsel for the latter company contend that they show that Clay avenue extension is a public street of said municipality, and that therefore it has the right to occupy said street, and to cross complainant’s sidings laid therein, inasmuch as the act of assembly under which the trolley company is incorporated has provided that it shall have the right to use the street, with the consent of- the local authorities, and “ to cross at grade, diagonally or transversely, any railroad operated by steam or otherwise.”
CONCLUSIONS ON LAW AND OPINION.
For the purposes of this case as it now presents itself we conclude that Clay avenue extension is a public street. The reasons and authorities which we think compel that conclusion of law, from the foregoing facts, are as follows: In order that a ' way may become a public street it must have been dedicated to public use. But this can as effectually be brought about by a common law dedication as by the procedure under our statutes. Both forms are valid and they may supplement each other. Dedications of lands to public uses are divisible according to the authorities into two classes: (1) Statutory dedications; (2) common law dedications. . Statutory dedications are made, and only can be made, in strict compliance with the statute, and this compliance will dispense with the necessity of any assent or acceptance on the part of the public. Such a dedication vests an estate in the public by conveyance or grant. In common law dedication there is no express grant to a grantee upon consideration, but it operates by way of an estoppel in pais of the owner rather than by a transfer of an interest in the land. But the application of the doctrine of estoppel in pais to the principle of dedication has been severely criticised. It does not follow, however, that an acceptance by the public will not cure an incomplete statutory dedication, or that rights acquired under it by third persons will be impaired. In such cases it may operate as a common law dedication: 5 Am. & Eng. Ency. of Law, pages 896 and 39T.
* * ******
It is plain that at the time of the attempted dedication of the land to the use of the public the Chambers & McKee Company was the owner in fee of the land now traversed by Clay avenue, extension, including that portion now and then covered by the west siding of the railroad. It is also true that it then and now claims to be owner in fee of that portion covered by the east siding. If the right of the railroad company is dependent on its being the owner in fee of the portion covered by the east siding it must establish that fact at law, or át least by proof in tins case. This has not been done, and we therefore act on the assumption that at the time of the attempted dedication of the land by the Chambers & McKee Glass Company, that company was the owner in fee, and had the right to so dedicate it. Assuming this right to be in the Chambers & McKee Company, and for the present assuming that the railroad might have a right to compensation where its track is crossed by a public highway, it by no means follows that there is no highway by virtue of that dedication and the subsequent user by the public, because it has not been shown in this collateral proceeding that compensation was actually paid to the railroad company. If concurrence in the dedication made by a tenant, who had no right to make it, is to be presumed against the landlord (who alone had the right to dedicate), because “ of the notorious and uninterrupted use of the way by the public,” we certainly can assume the acquiescence of the railroad company in this case. This street has been notoriously and uninterruptedly used by the public for five or six years. Causeways, constituting part of the roadway, have been put in and maintained, across these sidings, presumably by the railroad company itself, and it has recognized the existence of the street in the very instrument which defines its own right to maintain the west siding.
There being adequate proof of dedication by the glass company, and of acquiescence by the railroad company in the opening and user of the street by the public, we are next to inquire whether it has been accepted by those who had the right to bind the public by an acceptance. . . .
The public moneys have been expended on this street ever since it was thrown open to the public, and it has been kept in repair by the borough of Jeannette. This not only establishes an acceptance by the proper officials of the dedication to the public, but these expenditures having been made with the knowledge of the railroad company it would be inequitable, as against the public, for it to now be permitted to deny the existence of the highway. “ Parties who, possessing full knowledge of their rights, have lain by, and by their conduct have encouraged others to expend moneys or alter their condition in contravention of the rights for which they contend, cannot call upon the court for its summary interference.” Kerr on Injunctions, 16.
The expenditure in this case was made on the street by the public and not by tbe street railway company, but tbe user to wbicb it seeks to subject the street is not an additional servitude but simply the ordinary servitude which the public is entitled to make of a highway. It is presumably for such a mode of use, with others, that the public expenditure has been made. Therefore if the railroad is estopped, as against the public, to deny its use of Clay avenue extension as a highway, it is of necessity estopped as against the proposed use of it by the street railway company. But the principle might go further, for “ the conduct and dealings of a man with others than the party with whom the contest exists may constitute a case of acquiescence, so as to preclude him from coming to the court for relief against a state of things to which his own conduct has led: ” Kerr on Injunctions, 19.
In the case of Kelly v. Southern Minn. B. B. Co., 6 Am. & Eng. B. B. Cases, 264, the same doctrine is laid down. In the discussion of that case the court say: “Defendant also took exception to the ruling of the court admitting evidence tending to show that the locus in quo had been opened, worked and traveled continuously for ten years as a highway. . . .
For the purposes of this case we think that the facts found above sufficiently establish that Clay avenue extension is a public highway, without any reference to our statutes relating to dedication. The proof of common-law dedication by the owner of the fee, the recognition and user of the street by the public and this complainant and the control of it continuously for five or six years by the proper authorities of tbe borough of Jeannette, all contribute to the making of it a public street for all the practical purposes of this case.
The assumption of complainant’s counsel, that the street can only be a public street by virtue of the provisions of the acts of 1851 and 1856, regulating the dedication by the law — of lands to public use in the boroughs of this commonwealth — is unwarranted.
Has there been a valid statutory dedication of Clay avenue extension to public use also ? It is plain to make a valid statutory dedication the provisions of the statute should be closely followed. It is alleged that in this case this has not been done : (1) Because there has been no notice given to the railroad company of the proposition to adopt the ordinance of July 18, 1890, whereby Clay avenue extension was ordained a public street of the borough of Jeannette; and (2) because no viewers have been appointed by the court of quarter sessions to assess the damages.
Paragraph VIII. section 3, act of April 3,1851, pi. 323, Purd. Pig. 247, makes it the duty of the corporate officers of the borough to give due and personal notice to all persons resident in the borough directly interested therein of any proposition to fix or change the roads, streets, lanes, alleys or courts, etc. It has not been shown that this notice was given to the Pennsylvania Railroad (assuming that it is a person resident in the borough) at the time of the adoption of the aforesaid ordinance; neither has it been proved that it was not given. Counsel for complainant contended that the proceeding is therefore fatally defective, and as to it totally void. To sustain this proposition they cite — (1) In re Palmer Twp., 11 W. N. 429, s. c., 102 Pa. 38. In this ease there was a report of viewers of damages for a road. The report did not show that there had been notice of the view given. After it was confirmed, and before the entire road was opened, the railroad company presented its petition, alleging want of notice and praying that the decree be opened and petitioner be given a hearing. The lower court refused the petition and the Supreme Court reversed it. This proceeding was under the road law. (2) Opening of Taylor avenue, 146 Pa. 638. This was a proceeding under the general borough law. The record of the proceeding to assess damages and benefits for the opening of a borough street did not show personal notice to the property owners of the passage of the ordinance laying out the street, or of the view, or that said ordinance had been published. There were also other questions in the case. On exceptions filed before final confirmation, wherein, among other things, the want of notice was alleged, the court set aside and quashed the report. This was affirmed, without opinion, by the Supreme Court. (3) Streets and alleys in Parkesburg Boro., 124 Pa. 511. This was also a case upon a report of viewers — a rule to show cause why the report of viewers should not be approved. Among other things it was there held that under the provisions of section 27 of the act of 1851, and of section 8, article XVI. of the constitution, the streets, alleys, etc., so laid out and ordained may not be opened to public use until just compensation is made to property owners, to be ascertained upon assessment under proceedings in the court of quarter sessions.
These cases all arose in the proceedings directly. They were all applications to the court in which the proceedings were pending. The questions there involved were not raised collaterally in the trial of another case in another court. Those cases are authority — or at least two of them are — in cases having like facts; but the facts of this case are not such as to subject it to the control of those cases. The first case is not a proceeding under the acts relating to boroughs at all. In the second case there was a proceeding to assess damages under the act of 1856, and the alleged deficiency was in what was shown or not shown in the petition for the appointment of viewers and in their report. Assume for the present that no viewers are needed in this case, is it essential to the validity of the ordinance that it show that notice was given before council passed and the burgess signed it ? The case cited does not say so. What is the presumption of law, there being no proof on the matter ? Is it not presumed that all tilings essential have been done until the contrary be made to appear ?.....
The borough council certainly had jurisdiction to pass the ordinance in question. It is presumed, therefore, that all things were done rightly. If it has not been so done that fact must be proved, or it is not in the case. It has not been proved. Even if the matter was such as could be corrected in the proceeding itself, it does not necessarily follow that it is here reviewable in a civil action inter partes. But the notice required by the provisions of the act of 1851 is directory only. This was decided both before and since the entry of the judgment in the Taylor avenue case, in 146 Pa. 638. This fully appears from the following cases: Section , paragraph 8, of the act of April 3, 1851, pi. 323, making it the duty of borough officers to .give due and personal notice to all persons resident in the borough directly interested therein of any proposition to fix or change the roads, streets, lanes, etc., or in the grading or regulation thereof, and to designate a time and place when they shall be heard in relation thereto, is merely directory, and the omission of such notice does not invalidate the proceedings : Com. v. Beaver Boro., 171 Pa. 542, 562 ; White v. McKeesport, 101 Pa. 400.
Therefore, if it was decided in 146 Pa. 638 (and this not entirely clear), that the notice described in the act of 1851 was essential to the validity of the ordinance, that decision has been overruled and the decision in White v. McKeesport is still the law. Therefore, whether we consider the notice essential or only directory, the ordinance of July 18, 1890, making Clay avenue extension a public street, appears to be valid.
Is it essential to the existence of this street as a public highway that it be declared to be such by a valid ordinance, and in addition thereto that viewers be appointed to assess the damages ? If there are no damages to assess it would seem to be a vain thing for the court of quarter sessions to appoint viewers The very case that is cited to sustain the affirmative of the proposition says: “ If the owner of private property on the line of the street, either for a consideration agreed upon, or without compensation, consent that the street be opened as laid out and ordained, the corporate authorities may at once proceed to open, and thereupon the street shall become a lawful public highway; otherwise, however, the corporation is obliged to resort to the courts for an assessment of damages according to law: ” Parkesburg Boro., 124 Pa. 523.
The act of 1851 as expressly notices the right to open without an assessment as to open after an assessment where it says, “ The same when duly opened according to law or by agreement of parties, are hereby declared public highways, over which the corporation shall exercise jurisdiction under the provisions of this act.” In either event they are public highways. Therefore the appointment of viewers is only essential where consent is lacking. If the borough had attempted to open with-, out tbe consent of a person entitled to damage, the court would, on application, restrain the opening, for it is provided that they shall not be opened for public use until the damages shall be liquidated. The act, paragraph 3, section 27, also provides a hearing for any one aggrieved by the laying out and opening of a street. (See Purd. Dig. 253.) Has there been any complaint made since the laying out or opening of this street five or six years ago ? Has any injunction been asked for prior to the opening? We have already held that the opening was made with the acquiescence of the complainant, and that the knowledge of its open and notorious use and control by the municipal officers was possessed by it as well as by the public at large.
If complainant is entitled to any damages it can yet have them assessed, but after the street has been open for five or six years and the public moneys have been expended on it during that time the complainant cannot be allowed to say the street is no street because no jury was appointed to assess the damage. Consent is conclusively presumed under'the circumstances of this case; therefore there has been a good statutory dedication of Clay avenue extension to public use, as well as a good common law dedication of it. It being a public street of the borough of Jeannette, the defendant company has the statutory right to occupy it and to cross the complainant’s switches at grade.
Tins would make it proper to dissolve the temporary injunction in so far as the granting of it was based on the allegation that the locus in quo was not a public street. But there is a matter of procedure which would be sufficient in itself to dispose of this interlocutory injunction in the same way. We have treated the merits of this application as being before the court thus far. At the granting of the injunction, on an ex parte application, the court assumed that the special equity set up in the affidavits read was also’ set up in the bill. An inspection of the bill since discloses the fact that the bill on which the application was made was one on winch a preliminary injunction had hitherto been granted by this court and after hearing (Hon. Calvin Rbvbubn, P. J., of the thirty-third judicial district, specially presiding) was dissolved. An appeal has been taken from that action by the court and is still pending hi the Supreme Court.
It is claimed that successive writs cannot be issued on the same bill. That question may be rather an abstract one as this case is now presented. We are, however, of opinion that where the first injunction is not as comprehensive as the prayer of the bill, and the basis is laid for it in the bill itself, there is no legal objection to the application for and granting of another interlocutory injunction at a later stage in the progress of the case, if such an additional injunction is only supplementary to the one originally granted, and they together do not go beyond the basis laid in the bill and the prayer for relief. Such practice, we think, could be fully sustained by the citation of cases if the necessities of this case required it. Under our act of assembly, proceedings in the cause are not stayed by the appeal now pending in the Supreme Court. But we will not rehear the precise cáse heard by Judge Reybübn and grant or withhold an injunction from such consideration. “ A court will not, under ordinary circumstances, hear a motion for an injunction which has been refused by another court of co-ordinate jurisdiction.” McNair v. Cleave, 9 Phila., 212. Neither should another judge in the same court continue an interlocutory injunction which, on an examination of the same equity, a judge has previously dissolved.
Upon the argument of a rule to show cause why an injunction should not issue in a case where an injunction had been granted in part, the question whether the existing injunction should not be removed cannot be considered.
Beach on Modern Equity Practice, section 774; Man Co. v. Van Keuren, 23 N. J. 251. Neither should we, under similar circumstances, practically reinstate an injunction already dissolved.* If the previous action of tins court was erroneous in the dissolving of that injunction it can be corrected in the Supreme Court, to which appeal has been taken. We therefore will not and have not here considered anything but the special grievance that peculiarly applies alone to the two crossings of the sidings of Jeannette.
But have these special matters been brought before the court in such a way as to warrant the consideration we have given them ? It is plain that an injunction of this kind can only be granted on a bill in equity praying for relief by reason of the specific equity therein set up. A court of equity will only decree on the case made by the pleadings, though the evidence may show the right to a further decree. A decree or judgment adjudicating a matter outside of the issue raised by the pleadings is an absolute nullity and open to collateral attack: Beach on Equity, 3790. . . .
We can nowhere find in the bill the special equity set up in the affidavits about which also the testimony was taken at the hearing.
If the locus in quo of the affidavits is specially referred to at all in the bill, it is where it is averred that the defendant company, “.in its projected route between intended termini, traverses roads which pass over lands belonging to this plaintiff, and which, subject to the public easement to which the same were originally dedicated, is vested in this plaintiff at the following points in the said county of Westmoreland, to wit, at or near Jeannette station; at or near Burrell station,” etc. The word “ roads ” as there used is obviously intended to embrace streets, for the points referred to are spoken of as being in boroughs as well as townships. If Clay avenue extension is referred to in this averment of the bill, it is in the bill alleged that the property of the complainant is “subject to the public easement,” the very thing which the affidavits deny, and which is therein set up as the reason why the proposed occupation of the street by the defendant company would be illegal. We think an inspection of the bill will clearly show that the special grievance here complained of is not there set up. The case we have here is one that finds its basis alone in the affidavits. These are not a substitute for a bill. No injunction can stand without a bill for its basis. If complainant had desired to do so it could have amended or supplied the bill filed so as to bring into the case the special facts here pressed on the attention of the court. We have already considered those facts as if they had been brought into the case, but the preliminary injunction might well have been refused, because the grievance on account of which the injunction was asked was not set up in the bill. The grievance of the complainant in the bill as filed was considered by Judge Reybubn, and in the exercise of the discretion with which he was invested he dissolved a preliminary injunction. We will not reconsider the same matter on the same bill and make a different ruling. The final disposition of the case will be made on the equity set up in the bill, and that will not involve the consideration of the special state of facts now pressed on the consideration of the court: Pa. Sch. V. R. R. v. Phil. & Read. R. R., 160 Pa. pp. 292 and 293 ; Thompson’s Appeal, 126 Pa. at pages 371 and 372.
The court entered the following decree:
And now, April 10, 1896, after hearing the evidence and the arguments of counsel in support of and against the continuing of the preliminary injunction granted by this court on the 4th of March, 1896, and upon a full consideration thereof, it is hereby ordered, adjudged and decreed that the same be now dissolved.
Error assigned was above decree.
John G. Johnson, with him Cyrus E. Woods, for appellant.
An attempt by a corporation to exercise a franchise not possessed by it can be restrained at the instance of any person or corporation injuriously affected thereby. The commonwealth is not a necessary party complainant: Penna. R. R. v. Montgomery County Ry., 167 Pa. 73; Act of June 19, 1871, P. L. 1361; Homestead St. Ry. v. R. R., 166 Pa. 162 ; Potts v. Elevated R. R., 161 Pa. 396.
If the construction and operation of the Jeannette railway, and if the extension of the Hempfield railway, were illegal, the appellantwas entitled to an injunction because of the interference with it in the enjoyment of the profits to which it was entitled from the exercise of its franchise of transporting passengers between the points connected by said railways: Germantown Pass. Ry. v. Citizens’ P. Ry., 161 Pa. 138.
If the construction and operation of the Jeannette railway and of the extension of the Hempfield railway were illegal, the appellant was entitled to an injunction because of the illegal crossing by those companies of its rights of way by means of said overhead bridges. The appellant was entitled to an injunction against the construction and operation of the appellee’s railway on and over the overhead bridges at Greensburg and Jeannette because of the unsafe and unfit condition of such bridges.
The injunction in no event should have been dissolved or refused until ample provision had been made for the securing of safety in the operation by the appellees of the overhead bridges at Jeannette and Greensburg.
There was no right in the Jeannette Company to construct or operate a railway along the route designated by its charter.
There was no right in the Hempfield Company to construct or to operate the extension of its road on or over the overhead bridge at Greensburg.
James S. Moorhead, of Moorhead Mead and W. E. Sadler, with them Gregg ¿f Potts, for appellee.
The defendants had a right to locate their railways over their chartered routes: Penna. R. R. v. Montgomery Co. Ry. Co., 167 Pa. 62; Lehigh Coal & Navigation Co. v. Inter-County St. Ry., 167 Pa. 75; Tamaqua & Lansford Street Ry. v. Inter County St. Ry., 167 Pa. 91.
July 15, 1896 :
The act of 1871 contemplates nothing more than that it shall be made to appear from the charter that the corporation has the power to do the particular act in controversy, and which involves some right of the contestant: Western Pa. R. R. Co.’s App., 104 Pa. 399; Germantown Pass. Ry. v. Citizens’ Ry., 151 Pa. 138.
Opinion by
Mr. Justice Mitchell,
These cases depending upon substantially the same facts and the same principles of law and having been argued together, may be treated practically as one case for the purposes of this opinion.
The Pennsylvania Railroad Company, complainant and appellant, has failed to make out title to the bridge in question over its right of way. Though constructed and paid for by it the contract with the borough of Greensburg shows that it was so constructed as a part of the public highway, Pennsylvania avenue, and to be maintained as such by the borough. The only open point in the contract was the alternative to the borough that it should in consideration of such erection cause the grade crossing over the railroad at Plarrison avenue to be vacated, or failing to do so, should pay the railroad the cost of the bridge. To which alternative the borough is liable does not concern this litigation. In either case the bridge became part of Pennsylvania avenue and the title is in the borough.
The next question is whether Clay avenue extension is a public highway, in such sense as to permit the defendants, in the absence of any right of eminent domain, to cross the sidings of appellant thereon. This is a question mainly of fact, and has been so fully examined by the learned judge below that nothing more heed be said than that we see no reason to question the correctness of the conclusion reached by him.
There remain the two really important questions in the case, first, whether the defendant companies have any right to construct or operate railways along the routes or portions of routes in controversy, and secondly whether the appellant is in position to raise the question of such right.
It is strenuously contended on the part of appellant that the act of May 14,1889, P. L. 211, under which the defendants were chartered, gives no authority for the building of a passenger railway through boroughs, or over township or country roads, and especially through private property, but only upon streets, properly and strictly so called. Much reliance is placed upon Penna. R. R. Co. v. Montgomery Co. Ry. Co., 167 Pa. 62, to sustain this contention. But no such point was involved nor any such decision made in that case. On the contrary, while that proposition if sustained would at once and finally have disposed of the claims of the defendant passenger railway company to its asserted franchise, the decision was pointedly rested upon other grounds. The same may be said of the group of cases decided at the same time, Lehigh Nav. Co. v. Inter County Ry. Co., 167 Pa. 75; Rahn Township v. Ry. Co., 167 Pa. 84, and Tamaqua Street Ry. Co. v. Inter County Ry. Co., 167 Pa. 91; and of Homestead Street Ry. Co. v. Electric Ry. Co., 166 Pa. 162, and some other eases not necessary to refer to in detail. What Penna. R. R. Co. v. Montgomery Co. Ry. Co. really decides and is authority for is first that the laying of railway tracks on a suburban road is an additional servitude which cannot be imposed upon the owner of the fee against his will by the mere consent of the township authorities ; and secondly that the franchise of a street railway passing through several localities is an entirety, and the necessary local or municipal consent for the whole route must be obtained, before it has a right to build any part. In the opinion in that case, and again in Rahn Township v. Ry. Co., supra, our Brother Williams reviewed the legislation-on street passenger railways, and gave some timely warnings to investors and to the other departments of the government as to the dangers of the investment of capital in lines not within the express authorization of the act of 1889, and the necessity of further legislation on the subject, in view of the numerous and extended enterprises of the kind in operation or in progress. But the decisions were rested on the propositions above set forth. While no case has yet called for an exact definition of the words “ street or highway ” in the act of 1889, or of the limitations in that respect on railways incorporated under that act, it is manifest that the narrow interpretation contended for by appellant cannot be sustained.
It is not necessary to go further in this case, as upon the next question we are of opinion that the appellant is not in position to dispute appellee’s rights. The charter covers the route upon which the road is built, and the learned judge below has found that the appellee has the consent of the local authorities, of all the owners of property along the roads occupied and of those through whose property its line passes. To entitle appellant to question the prima facie right thus appearing it must show some interest in, or damage to itself, different from that of the general public. It has failed to do so. It is not the owner of the bridge, and the crossing over its right of way is upon a public highway, to all the rightful uses of which its property is subject. The bridge is part of the highway, and the consent of the borough authorities for the laying of the rails must be as effective on it as on any other part, or the borough would hold its municipal power to consent only in subordination to the will of every railroad which the highway happened to cross. The 18th section of the act of 1889 gives in express terms the right to cross railroads at grade, and a fortiori to cross overhead. In respect to a mere crossing, a railroad is not an abutting landholder to the passenger railway, as the plaintiff was in Penna. R. R. Co. v. Montgomery Co. Ry. Co., supra.
As to the objections to the appellee’s route at other points, including the right to occupy township roads, and to buy or secure with the owner’s consent a way through private property, the appellant’s rights are no different in kind whatever they may be in degree from those of the general public. In regard to the latter objection, it is conceded, as was said in Rahn Township v. Ry. Co., 167 Pa. 84, 90, that passenger railways under the act of 1889 “may diverge for a short distance where the conformation of the surface or the positions of streams make it necessary in order to avoid discomfort or danger to the traveling public,” and it may be added to avoid grade crossings, or for any other reason amounting to necessity, or what is the same thing in such matters, great public convenience. The occasion'for such divergence and its extent are questions of location, and the decision of them primarily is within the discretion of the railway company. If the variance from the charter route is greater than is necessary, or the charter route itself is open to objection, the commonwealth alone can be heard to make it in the interest of the general public.
The act of June 19, 1871, P. L. 1361, affords appellant no standing. No rights of appellant are violated or infringed upon. It is not prevented or interfered with in doing any act that its charter permits. That its interests are affected by a diminution of its passenger traffic is a different thing. It has no monopoly of that traffic, which it holds only by force of superior facilities and convenience to the public, and like any other business, it must take the chances of rivalry and change of methods and customs of travel. The act of 1871 applies to direct interference with rights, not consequential injury to interests, and the inquiry under it is limited in suits by private parties to the question of the charter right to do the act complained of. West. Pa. R. R.’s Appeal, 104 Pa. 399. In Germantown Pass. Ry. Co. v. Citizens’ Ry. Co., 151 Pa. 138, cited by appellant, the complainant had a track on German-town avenue, and its claim to relief was based on the fact that another track on the same street would interfere with its operations.
The appellant did establish one point in which its rights were different from those of the public. The special danger to it and its passengers arising from the use of the bridge for a purpose for which it was not originally built gave appellant a standing to object to such use. It has a clear right to be protected from that danger. When this case was before some of the justices of this court at chambers on motion for special supersedeas, it was said in denying the motion, that the language of the decree below was not as precise as was desirable, and while it did not probably mean to leave the proper strengthening of the bridge to the uncontrolled discretion of the appellee, it was open to that construction. It was accordingly recommended to the court to amend it so as to leave no doubt that the court’s approval should be obtained before cars were actually run. So far as appears this suggestion was not noticed or acted on in any way, and what was then recommended we must now direct.
Appeals dismissed, with costs, but the court below is directed to reinstate the injunction unless within sixty days it shall be made to appear, affirmatively, to the satisfaction of the court, that the bridge has been made safe for continued use by the cars of the respondents. | CASELAW |
Cobalt(III) chloride
Cobalt(III) chloride or cobaltic chloride is an unstable and elusive compound of cobalt and chlorine with formula. In this compound, the cobalt atoms have a formal charge of +3.
The compound has been reported to exist in the gas phase at high temperatures, in equilibrium with cobalt(II) chloride and chlorine gas. It has also been found to be stable at very low temperatures, dispersed in a frozen argon matrix.
Some articles from the 1920s and 1930s claim the synthesis of bulk amounts of this compound in pure form; however, those results do not seem to have been reproduced, or have been attributed to other substances like the hexachlorocobaltate(III) anion. Those earlier reports claim that it gives green solutions in anhydrous solvents such as ethanol and diethyl ether, and that it is stable only a very low temperatures (below −60 °C).
Structure and properties
The infrared spectrum of the compound in frozen argon indicates that the isolated molecule is planar with D3h symmetry.
A Scientific study of the stability of this and other metal trihalides at 50 °C was published by Nelsoon and Sharpe in 1956.
Aerodynamic properties for the gas phase have been determined by the Glushko Thermocenter of the Russian Academy of Sciences.
Preparation
Cobalts trichloride was detected in 1952 by Schäfer and Krehl in the gas phase when cobalt(II) chloride is heated in an atmosphere of chlorine. The trichloride is formed through the equilibrium
* 2 + ↔ 2
At 918 K (below the melting point of, 999 K), the trichloride was the predominant cobalt species in the vapor, with partial pressure of 0.72 mm Hg versus 0.62 for the dichloride. However, equilibrium shifts to the left at higher temperatures. At 1073 K, the partial pressures were 7.3 and 31.3 mm Hg, respectively.
Cobalt trichloride, in amounts sufficient to study spectroscopically, was obtained by Green and others in 1983, by sputtering cobalt electrodes with chlorine atoms and trapping the resulting molecules in frozen argon at 14 K.
A report from 1969 claims that treatment of solid cobalt(III) hydroxide · with anhydrous ether saturated with at −20 °C produces a green solution (stable at −78 °C) with the characteristic spectrum of.
In a 1932 report, the compound was claimed to arise in the electrolysis of cobalt(II) chloride in anhydrous ethanol.
Related compounds
The hexachlorocobaltate(III) anion has been identified in preparations of cobalt(III) salts and hydrochloric acid in glacial acetic acid.
In solutions of cobalt(III) salts with chloride ions, the anionic complexes and are present.
Trichlorides of cobalt(III) complexed with various ligands, such as organic amines, can be quite stable. In particular, hexamminecobalt(III) chloride is the archetypal Werner complex and has uses in biological research. Another classical example is tris(ethylenediamine)cobalt(III) chloride. | WIKI |
Patsy Vidalia
Patsy Vidalia (born Irving Ale; 1921 – August 29, 1982), also known as Jack-Patsy Vidalia, was an American female impersonator, singer and entertainer who was prominent in the social life of New Orleans from the 1940s to 1960s. His second name is given with various spellings, including Valdalia, Valdelar, Valdeler, Vadalia, and Valdia.
He was born in Vacherie, Louisiana, the son of Orelia and Willie Ale. After his father died, he moved to New Orleans with his mother, and became fascinated by the local female impersonators. By the mid-1940s, he was working as a female impersonator in New Orleans clubs. He gave himself the name Vidalia for the type of onion, which according to Cosimo Matassa was also used as a slang term for a man who used prostitutes, and worked with others as one of the Valdalia Sisters. In 1947 he started working at the Dew Drop Inn, the center of the city's black musical scene, at the request of its owner Frank Painia. There, he became the club's resident MC, singer and bartender, and hosted the annual Halloween Gay Ball. He was known as "the Toast of New Orleans".
His theme song was "Hip Shakin' Mama", first recorded by Chubby Newsom. His only recordings, "Rock Me Baby" and "Put Your Hand Over My Heart", made for Mercury Records in Los Angeles in 1953 with saxophonist Plas Johnson, were not successful. However, he was described as "one of the most colorful entertainers in New Orleans for two decades... a wild, over-the-top gay man, who expressed that gayness as a cross-dressing female impersonator... Patsy was not a great singer, but more than made up for it with his showmanship." His performances were an influence on Little Richard, who saw him many times, and other performers including Irma Thomas.
He stopped performing regularly at the Dew Drop in the mid-1960s, to look after his ailing mother. His last public appearance was in 1980. He died at home in New Orleans in 1982. | WIKI |
chewing tobacco
Also found in: Dictionary, Thesaurus, Legal, Financial, Encyclopedia, Wikipedia.
Related to chewing tobacco: Dipping tobacco
chewing tobacco
A form of smokeless tobacco sold as a shredded product, in contrast to dipping tobacco in which the tobacco leaves are ground.
Health effects
Oral cancer; often disfiguring due to heroic surgery.
chewing tobacco
Smokeless tobacco, see there.
smoke·less to·bac·co
(smōklĕs tŏ-bakō)
A form of the leaf of the plant meant to be chewed or otherwise ingested orally, rather than smoked.
Synonym(s): chewing tobacco.
References in periodicals archive ?
Sri Lanka Navy spokesman told Asian Tribune that flavoured chewing tobacco id considered as a type of cannabis and termed as an illegal chewing tobacco.
Health Ministry health education director Dr Amal Al Jowder said side-effects of chewing tobacco included stained teeth, bad breath, sores on the gums and in the mouth that were difficult to heal and other dental problems.
According to health experts chewing tobacco can prove more harmful than cigarettes because it often contains a number of unknown ingredients and presents an even bigger risk of mouth and threat cancer.
Historically, chewing tobacco was the most prevalent form of tobacco use in the United States until it was overtaken by cigarette smoking in the early 20th Century.
If you are caught with a dip can or chewing tobacco on you or in your mouth, you're fined a pretty hefty amount of money," Antonelli told BizofBaseball.
Nicotine Concentrations in Smokeless Tobacco Products and Cigarettes Sold in the United States Chewing tobacco * Dry snuff * Moist snuff * Cigarettes (mean range) (mean range) (mean range) High Nicotine 9.
A study by Johns Hopkins University researchers tracked more than 30 years of oral-cancer data from the National Cancer Institute and found that the rate of oral cancer caused by the human papillomavirus (HPV), rather than lifestyle habits such as smoking or chewing tobacco, has risen steadily since 1973 and is now about even with the incidence rate for tobacco use.
In addition, the company has created a smokeless tobacco alternative named Blue Whale to appeal to the nation's 10 million smokeless tobacco users, a large percentage of whom are also concerned about the health risks of chewing tobacco.
But when you think of it, chewing tobacco is a natural plant.
Thankfully, her second album is just as feisty as the first, full of trailer-trash anthems about chewing tobacco with her man - ``Skoal Ring'' - and dirty dancing to Merle Haggard in ``Politically Uncorrect,'' which features Haggard.
Chewing tobacco raises blood pressure, heart rate, and plasma epinephrine, which may contribute to intravascular thrombosis and cardiac arrhythmias, reported Robert Wolk, M.
The scientists reported, however, that smoking or chewing tobacco does magnify the cancer risk of chewing on areca nuts, as does heavy drinking of alcohol. | ESSENTIALAI-STEM |
Appendicular & Axial Skeleton Anatomy
Posted by Rafiqul Islam
June 21, 2018
Posted in Uncategorized
The Human Skeleton can be divided up into two parts, the axial Skeleton, and the appendicular skeleton. The central part of the body contains the axial skeleton, and the bones lying along a central axis of the body are the appendicular skeleton.appendicular skeleton
Axial Skeleton
The axial skeleton contains 80 bones.
29 bones in the head - 8 cranial, 14 facial bones and 6 auditory ossicles and the Hyoid Bone.
26 bones in the vertebral column (24 vertebrae, the sacrum, and the coccyx)
25 bones in the thorax - (the sternum and 24 ribs)
Skull Bones
The skull consists of the cranium and the facial bones. The cranium contains and protects the brain in a space designated the cranial vault. The cranium is composed of eight bones which fit together at connection points called sutures. Cranium bones-
Sphenoid
Ethmoid
Frontal
Occipital
Two Temporal
Two Parietal
People are born with separate plates which succeeding fuse to provide flexibility as the skull passes within the pelvis and birth canal throughout the birth. Throughout development, the eight separate plates of the immature bones join collectively into one single structure identified as the Skull. The mandible, only bone that remains separate from the rest of the skull.
Facial Bones
There are 14 facial bones that form the lower part of the skull. The facial bones include-
Vomer
Mandible also is known as the lower jaw
Maxilla, which is paired, which make up the upper part of your jaw
Zygomatic, which are also paired bone and are the bones that give you your cheekbones
2 lacrimal bones
2 nasal bones
2 Palatine bones
2 Inferior nasal conchae
Rib Cage
The rib cage is comprised of 12 pairs of ribs and the sternum. The rib cage protects the vital organs such as the heart and lungs. The ribs are crescents like shaped, among one end is flattened and the opposite end is rounded. The rounded ends of the ribs are joints to the thoracic vertebrae and the flattened ends come together at the sternum.
The uppermost seven pairs of ribs join to the sternum with costal cartilage and are recognized as “true ribs.” The 8th to 10th ribs have non-costal cartilage which attaches them to the ribs above. The last two ribs are described “floating ribs” because they do not connect to the sternum or to other ribs. The length of each rib extends from number one to seven and then declines pair number 12. The first rib of the thoracic cage is the shortest, widest, flattest, and most curved.
Vertebral Column
At birth, the majority have 32-34 separate vertebrae. Nevertheless, throughout normal development several vertebrae join together, transmitting a total of 24. The sacrum, made from 5 fused vertebrae and the coccyx, made from 3-5 fused vertebrae. If the coccyx and sacrum each as one vertebra, then there are will be 26 vertebrae. If the fused vertebrae all are numbered separately, then the whole number of vertebrae becomes to between 32 and 34.
The vertebral column consists of 5 parts. The cervical vertebrae (7), thoracic (12), lumbar (5), sacral (4–5) and the coccygeal vertebrae (3–4).
Appendicular Skeleton
The appendicular skeleton consists of 126 bones.63 bones on each side. The appendicular skeleton includes-
Four(4) bones in the shoulder girdle region (clavicle and scapula each side)
Six(6)bones in the arm and forearm (humerus, ulna, and radius each side)
Fifty-eight (58) bones in the hands (carpals 16, metacarpals 10, phalanges 28 and sesamoid 4)
Two(2) pelvis bones
Eight(8) bones in the legs (femur, tibia, patella, and fibula)
Fifty-six (56) bones in the feet (tarsals, metatarsals, phalanges, and sesamoid) | ESSENTIALAI-STEM |
[Nos. 84148-9; 84150-1.
En Banc.]
Argued March 17, 2011.
Decided January 5, 2012.
The State of Washington, Respondent, v. Michael Tyrone Gresham, Petitioner. The State of Washington, Respondent, v. Roger Alan Scherner, Petitioner.
Maureen M. Cyr (of Washington Appellate Project), for petitioner Gresham.
Eric W. Lindell (of Lindell Law Offices), for petitioner Schemer.
Mark K. Roe, Prosecuting Attorney for Snohomish County, and Mary K. Webber, Deputy, and Daniel T. Satterberg, Prosecuting Attorney for King County, and Brian M. McDonald, Deputy, for respondent.
Suzanne Lee Elliott and Amy I. Muth on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae.
Laura Jones on behalf of King County Sexual Assault Resource Center, amicus curiae.
Owens, J.
¶1 Roger Schemer and Michael Gresham were separately charged with child molestation. At trial, relying on the recently enacted RCW 10.58.090, the State successfully introduced evidence that Schemer and Gresham had previously committed sex offenses against other children. In Schemer’s case, King County Superior Court ruled that evidence of his prior acts of molestation was also admissible for the purpose of demonstrating a common scheme or plan; in Gresham’s case, Snohomish County Superior Court held that evidence of Gresham’s prior conviction for second degree assault with sexual motivation was admissible only pursuant to RCW 10.58-.090. We hold that the trial court in Schemer’s case did not abuse its discretion in admitting the evidence for the purpose of showing a common scheme or plan and that its failure to give a limiting instruction, once requested, was harmless error. We therefore affirm Schemer’s conviction. With respect to State v. Gresham, No. 84148-9, because RCW 10.58.090 irreconcilably conflicts with ER 404(b) and governs a procedural matter, we hold that its enactment violates the separation of powers doctrine and that the statute is, accordingly, unconstitutional. We further hold that the admission of evidence of Gresham’s prior conviction was not harmless error and reverse his conviction and remand for further proceedings.
FACTS
A. Schemer
¶2 In 2007, the State charged Schemer with first degree rape of a child and first degree child molestation. These charges, which were later amended to three charges of first degree child molestation, arose out of a trip Schemer took with his wife and his granddaughter, M.S., from California, where, all three lived, to Bellevue, Washington, in the summer of 2001 or 2002 to visit Schemer’s sister, Susan Tillotsen. At the time, M.S. was either seven or eight years old.
¶3 While at Tillotsen’s house, M.S. slept upstairs in a bedroom with her grandmother. Schemer slept downstairs on a pullout couch. The first night, after Tillotsen and M.S.’s grandmother had gone to bed, M.S. went downstairs to get a glass of water and go to the bathroom, not expecting Schemer to be awake. Schemer was awake, however, and invited M.S. to lie down next to him. When M.S. began to walk upstairs, Schemer again invited her to lie down with him, saying, “It’s not going to take long.” Schemer 4 Report of Proceedings (RP) at 482. M.S. pulled away and ran upstairs. Several nights later, after a movie had ended and the other adults had gone to bed, Schemer again suggested M.S. lie down with him on his bed and again he fondled her genitals. A third incident occurred when M.S. went to use the bathroom downstairs; she walked out of the bathroom to find Schemer awake and sitting up. Schemer first asked if she wanted to lie down with him, and, when she said no, he insisted, telling her it would help him go to sleep faster. When M.S. lay down next to him, he took off her nightgown and held her for around 10 minutes with one hand over her groin. This time he went further, grabbing her wrist and putting her hand on his penis.
¶4 Out of embarrassment and confusion, M.S. did not reveal Schemer’s actions until May 2003. When M.S.’s mother found out, she immediately reached out to Child Protective Services, which led to a police investigation. In the course of the police investigation, evidence of prior instances of child molestation by Schemer came to light. At trial, the State sought to admit testimony of four prior victims: Jobbie Spillane and Shaun Oducado, Schemer’s nieces; Suzanne Williamson, the child of close friends of the Schemers; and Naseema Kahn, Schemer’s granddaughter. While Spillane was between the ages of 5 and 12 years old, she and her family regularly stayed at Schemer’s home around holidays. For around 15 years, when Spillane stayed overnight at Schemer’s home, he would come into her room and engage in similar acts of molestation. This abuse ended in 1987. Schemer’s sexual abuse of Oducado occurred when she was 13 years old and consisted of Schemer entering her room at night while she was staying at Schemer’s home and performing oral sex on her. Schemer’s molestation of Williamson occurred around 1975, when she was around 13 years old, on a trip to Lake Tahoe with several other families. One night after the other adults had gone to bed, Schemer approached Williamson, who was sleeping on the couch, began rubbing her back, and then rubbed her vagina. Kahn was sexually abused by Schemer around 1986 and 1987, between the ages of six and seven. Twice in hotel rooms on trips to Seattle and Disneyland, Schemer went to Kahn’s bed at night while others slept and performed oral sex on her.
¶5 Prior to trial, the superior court determined that evidence of Schemer’s prior sex offenses involving Spillane, Oducado, Williamson, and Kahn was admissible both under RCW 10.58.090 and, alternatively, to demonstrate the existence of a common scheme or plan.
¶6 At trial, in addition to the testimony of M.S. and Schemer’s prior victims, the State introduced further evidence of Schemer’s guilt. The State played an audio recording of a phone call that M.S. made to Schemer confronting him about the molestation. That audio recording included the following exchanges:
M.: Um I just want you to tell me why you did this to me? Why did you touch me?
S: Well, I’m afraid that there’s two things that happened. Um, one I had too many drinks and I really didn’t realize what was happening, and uh two, I just felt.. . very strongly for you I like you very much, love you and uh I guess I thought [I] was doing the right thing instead of the wrong thing.
I[’]m too young, I was too young for that.
S: Well uh all I got to say, all we can do is, all I can do is say I am sorry I did it. I wish I hadn’t and I though [t] I had explained to you why I probably did it. I really had way too much to drink and I wasn’t myself.
M: I just need an answer, I was so confused there was everything going on left and right.
S: Well you can . . . understand that I am sorry that it happened and I wish it didn’t happen, but there is nothing that I can do to repair it, all I can do is say um understand that I made a mistake. And I am very very sorry that it happened. So try to think that over and I think it will make you feel better if you realize that I made a mistake and you didn’t....
M: Okay I just don’t want it happening to anymore people.
S: It will not, don’t you worry about that. I certainly had a wake up call when this all happened.
M: It made my trip to Seattle really bad.
S: Yes, I am sure, but you just have to understand that you have to go on with life and you’re a great kid.
Schemer State’s Ex. 33. Nowhere in the recording did Schemer express confusion or surprise at the allegations, nor did he deny them. The State also presented the jury with evidence that Schemer had failed to appear for his originally scheduled trial on February 28,2008, and instead had absconded to Panama City, Florida, using a false name and carrying more than $14,000 in cash. Schemer was promptly discovered and apprehended on March 6,2008. In addition to the State’s evidence, the jury had the opportunity to assess Schemer’s credibility when he testified in his defense.
¶7 The jury convicted Schemer of the three charged counts of first degree child molestation. The court sentenced Schemer to 130 months for each count to be served concurrently. The Court of Appeals affirmed Schemer’s conviction. State v. Scherner, 153 Wn. App. 621, 225 P.3d 248 (2009). We granted review and consolidated Schemer’s case with State v. Gresham, No. 84148-9. State v. Scherner, 168 Wn.2d 1036, 233 P.3d 888 (2010).
B. Gresham
¶8 In 2008, Gresham was charged with four counts of child molestation in the first degree. The conduct underlying these charges took place between December 1998 and September 2003 and involved a single victim — J.L. J.L. knew Gresham and his wife through her mother and considered Mrs. Gresham to be her godmother. The Greshams also had a daughter, K.G., who was five years younger than J.L., and J.L. would stay overnight at the Greshams’ house approximately once a month. The jury was presented with a number of incidents of sexual contact. Three incidents of molestation occurred while J.L. was spending the night at the Greshams’ home; on each occasion Gresham approached J.L. while he believed she was asleep and fondled her. On other occasions, Gresham would wrestle with J.L., making contact of a sexual nature. The final incident occurred while Gresham was baby-sitting J.L. and her siblings in J.L.’s home; Gresham sneaked into J.L.’s room while she appeared to be asleep and fondled her beneath the covers.
¶9 J.L. first revealed the molestation to her mother approximately one year after the final incident. Several years later, she reported the molestation to her counselor as part of a drug and alcohol analysis. Her counselor reported the information, leading to a criminal investigation.
¶10 Prior to Gresham’s trial, the court held a hearing to determine the admissibility of evidence of his prior conviction. That conviction involved the molestation of a young girl, A.C., over a period of four years. Following the hearing, the trial court made detailed findings of fact and conclusions of law, including that the State had not proved the existence of a common scheme or plan and that ER 404(b) therefore barred admission of evidence of Gresham’s prior crime. The court found, however, that the same evidence of Gresham’s sexual abuse of A.C. was admissible under RCW 10.58.090.
¶11 The jury convicted Gresham of three counts of first degree child molestation and one count of attempted first degree child molestation. For each count, the trial court sentenced Gresham to life in prison without the possibility of parole pursuant to RCW 9.94A.570 and former RCW 9.94A.030(37)(b) (2008). Gresham appealed the admission of evidence about his assault of A.C., arguing that RCW 10.58.090 violates the separation of powers and, as applied to him, is an ex post facto law. The Court of Appeals rejected both of Gresham’s arguments and affirmed his conviction. State v. Gresham, 153 Wn. App. 659, 663, 223 P.3d 1194 (2009). We granted review and consolidated Gresham’s case with State v. Scherner, No. 84150-1. State v. Gresham, 168 Wn.2d 1036, 233 P.3d 888 (2010).
ISSUES
¶12 1. Is evidence of prior sex offenses by Schemer admissible for the purpose of demonstrating a common scheme or plan?
¶13 2. Is RCW 10.58.090 constitutional?
ANALYSIS
A. Standard of Review
¶14 Issues of constitutional and statutory interpretation are questions of law, and we review questions of law de novo. Optimer Int'l, Inc. v. RP Bellevue, LLC, 170 Wn.2d 768, 771, 246 P.3d 785 (2011). Similarly, “[interpretation of an evidentiary rule is a question of law, which we review de novo.” State v. Foxhoven, 161 Wn.2d 168, 174, 163 P.3d 786 (2007). Provided the trial court has interpreted the rule correctly, we review the trial court’s determination to admit or exclude evidence for an abuse of discretion. Id.
B. Alternative Admissibility of Schemer’s Prior Sex Offenses
¶15 For Schemer, the admissibility of evidence of his prior sex offenses under the Washington Rules of Evidence is dispositive. We may affirm the trial court on any correct ground. Nast v. Michels, 107 Wn.2d 300, 308, 730 P.2d 54 (1986). Even absent RCW 10.58.090, the trial court ruled that evidence of Schemer’s prior sex offenses was admissible for the proper purpose of showing a common scheme or plan. Schemer argues that the evidence of prior sex offenses is inadmissible under ER 404(b) and that the absence of a limiting instruction is reversible error. We find that the trial court did not abuse its discretion in admitting the evidence. We further hold that while the trial court erred in refusing to give an appropriate limiting instruction upon Schemer’s request, that error was harmless in the context of the case.
1. The Evidence Was Admissible
¶16 Addressing the admissibility of Schemer’s prior sex offenses begins with a careful understanding of ER 404(b). ER 404(b) provides, in full:
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. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
The basic operation of the rule follows from its plain text: certain types of evidence (i.e., “[e]vidence of other crimes, wrongs, or acts”) are not admissible for a particular purpose (i.e., “to prove the character of a person in order to show action in conformity therewith”). Id. The same evidence may, however, be admissible for any other purpose, depending on its relevance and the balancing of its probative value and danger of unfair prejudice; the list of other purposes in the second sentence of ER 404(b) is merely illustrative. The burden of demonstrating a proper purpose is on the proponent of the evidence. State v. DeVincentis, 150 Wn.2d 11, 17, 74 P.3d 119 (2003). Where evidence is admissible for a proper purpose, the party against whom the evidence is admitted is entitled, upon request, to a limiting instruction informing the jury that the evidence is to be used only for the proper purpose and not for the purpose of proving the character of a person in order to show that the person acted in conformity with that character. State v. Saltarelli, 98 Wn.2d 358, 362, 655 P.2d 697 (1982).
¶17 Properly understood, then, ER 404(b) is a categorical bar to admission of evidence for the purpose of proving a person’s character and showing that the person acted in conformity with that character. Id. (“In no case, . . . regardless of its relevance or probativeness, may the evidence be admitted to prove the character of the accused in order to show that he acted in conformity therewith.” (emphasis added)). Critically, there are no “exceptions” to this rule. 5 Karl B. Tegland, Washington Practice: Evidence Law and Practice § 404.9, at 497 (5th ed. 2007). Instead, there is one improper purpose and an undefined number of proper purposes. Though the other purposes are sometimes referred to as exceptions, this is simply legal shorthand for “other purposes.” In most circumstances, this shorthand is of no consequence and creates little risk of misunderstanding. Only when the term “exception” is read out of context and the plain text of ER 404(b) is ignored does the possibility of confusion arise.
¶18 Washington courts have developed a thorough analytical structure for the admission of evidence of a person’s prior crimes, wrongs, or acts. To admit evidence of a person’s prior misconduct, “the trial court must (1) find by a preponderance of the evidence that the misconduct occurred, (2) identify the purpose for which the evidence is sought to be introduced, (3) determine whether the evidence is relevant to prove an element of the crime charged, and (4) weigh the probative value against the prejudicial effect.” State v. Vy Thang, 145 Wn.2d 630, 642, 41 P.3d 1159 (2002) (citing State v. Lough, 125 Wn.2d 847, 853, 889 P.2d 487 (1995)). The third and fourth elements ensure that the evidence does not run afoul of ER 402 or ER 403, respectively. The party seeking to introduce evidence has the burden of establishing the first, second, and third elements. DeVincentis, 150 Wn.2d at 17; Lough, 125 Wn.2d at 853. It is because of this burden that evidence of prior misconduct is presumptively inadmissible. DeVincentis, 150 Wn.2d at 17.
¶19 One proper purpose for admission of evidence of prior misconduct is to show the existence of a common scheme or plan. Id. There are two instances in which evidence is admissible to prove a common scheme or plan: (1) “where several crimes constitute constituent parts of a plan in which each crime is but a piece of the larger plan” and (2) where “an individual devises a plan and uses it repeatedly to perpetrate separate but very similar crimes.” Lough, 125 Wn.2d at 854-55. Schemer’s case involves the second category. Evidence of this second type of common scheme or plan is admissible because it is not an effort to prove the character of the defendant. Instead, it is offered to show that the defendant has developed a plan and has again put that particular plan into action. Id. at 861. In order to introduce evidence of the second type of common scheme or plan, the prior misconduct and the charged crime must demonstrate “such occurrence of common features that the various acts are naturally to be explained as caused by a general plan of which” the two are simply “individual manifestations.” Id. at 860. Mere “similarity in results” is insufficient. Id. In DeVincentis, we clarified that while the prior act and charged crime must be markedly and substantially similar, the commonality need not be “a unique method of committing the crime.” 150 Wn.2d at 19-21.
¶20 The trial court admitted evidence of Schemer’s molestation of four other girls as evidence of a common scheme or plan after finding, by a preponderance of the evidence, that the alleged prior sex offenses actually occurred and that they exhibited such markedly similar conduct that it was “abundantly clear that they show ... an overarching plan.” Schemer 1 RP at 119. The court also specifically found that the evidence was relevant and weighed the prejudice and probative value. Because the trial court correctly interpreted the rules of evidence, our review is for abuse of discretion. Foxhoven, 161 Wn.2d at 174. With respect to evidence of Schemer’s abuse of Williamson and Kahn, the implementation of the crime was markedly similar to the charged crime: Schemer took a trip with young girls and at night, while the other adults were asleep, approached those girls and fondled their genitals. Though there are some differences (e.g., the presence of oral sex), these differences are not so great as to dissuade a reasonable mind from finding that the instances are naturally to be explained as “individual manifestations” of the same plan. Lough, 125 Wn.2d at 860. Though the abuse of Spillane and Oducado took place in Schemer’s home, the remaining details share such a common occurrence of fact with the molestation of M.S. that we cannot say that the trial court abused its discretion in determining that these were merely individual manifestations of a common plan.
¶21 Finally, we are not inclined to retreat from our holding in DeVincentis that the relevant commonality need not be “a unique method of committing the crime.” 150 Wn.2d at 20-21. Accordingly, we reject Schemer’s argument that evidence of prior misconduct admitted for the purpose of showing a common scheme or plan must be distinct from common means of committing the charged crime.
¶22 In sum, we hold that the trial court did not err in admitting evidence of Schemer’s prior molestations of Williamson, Kahn, Spillane, and Oducado for the purpose of demonstrating that Schemer had developed a common plan or scheme, which he again put into action when he molested M.S.
2. The Trial Court Erred in Failing To Give a Limiting Instruction, but the Error Was Harmless
¶23 If evidence of a defendant’s prior crimes, wrongs, or acts is admissible for a proper purpose, the defendant is entitled to a limiting instruction upon request. Foxhoven, 161 Wn.2d at 175; Saltarelli, 98 Wn.2d at 362. An adequate ER 404(b) limiting instruction must, at a minimum, inform the jury of the purpose for which the evidence is admitted and that the evidence may not be used for the purpose of concluding that the defendant has a particular character and has acted in conformity with that character. Cf. Lough, 125 Wn.2d at 864.
¶24 Schemer requested a limiting instruction, but the specific instruction his lawyer proposed was flawed. The proposed instruction would have informed the jury that evidence admitted to demonstrate a common scheme or plan could not be considered “as evidence that the defendant’s conduct in this case conformed with the conduct alleged in the prior allegation.” Schemer Clerk’s Papers at 272. This is an incorrect statement of the law. Showing conformity between the charged conduct and a common scheme or plan, as evidenced by prior conduct, is precisely what makes the evidence relevant. The State correctly argues that the general rule is that the trial court may properly refuse to give the requested instruction if it is incorrect. Crossen v. Skagit County, 100 Wn.2d 355, 360-61, 669 P.2d 1244 (1983). As such, the trial court properly refused to give the proposed erroneous instruction. This does not end the inquiry, however. While it was not error for the trial court to refuse to give an incorrect instruction, we hold that it was error, in this case, for the trial court to fail to give a correct instruction.
¶25 At least in the context of ER 404(b) limiting instructions, once a criminal defendant requests a limiting instruction, the trial court has a duty to correctly instruct the jury, notwithstanding defense counsel’s failure to propose a correct instruction. This follows from our pronouncement in State v. Goebel, 36 Wn.2d 367, 379, 218 P.2d 300 (1950), that “the court should state to the jury whatever it determines is the purpose (or purposes) for which the evidence is admissible; and it should also be the court’s duty to give the cautionary instruction that such evidence is to be considered for no other purpose or purposes.” (Emphasis added.) This approach is also more efficient and better prevents the possibility of unfair prejudice than does the alternative of holding that defense counsel’s failure to craft a proper instruction is waiver of the request for a limiting instruction, thereby relegating the defendant to a personal restraint petition alleging ineffective assistance of counsel.
¶26 Nonetheless, failure to give an ER 404(b) limiting instruction may be harmless. State v. Mason, 160 Wn.2d 910, 935, 162 P.3d 396 (2007). The error is harmless “ ‘unless, within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.’ ” State v. Smith, 106 Wn.2d 772, 780, 725 P.2d 951 (1986) (quoting State v. Cunningham, 93 Wn.2d 823, 831, 613 P.2d 1139 (1980)). Had a limiting instruction been given, and the jury had accordingly been prohibited from considering the evidence of Schemer’s prior sex offenses for the purpose of showing his character and action in conformity with that character, the remaining overwhelming evidence of Schemer’s guilt persuades us that the outcome of his trial would not have been materially affected. M.S.’s detailed testimony, evidence of Schemer’s flight from prosecution, the jury’s opportunity to assess Schemer’s credibility and, perhaps most damning, the recorded phone conversation in which Schemer all but admits his molestation of M.S. all, taken together, establish that there is no reasonable probability that the outcome would have been materially affected by the elimination of the impermissible inference.
¶27 In sum, we hold that evidence that Schemer had previously molested the four children was admissible for the purpose of demonstrating a common scheme or plan and the trial court’s failure to give a limiting instruction was harmless error. This is dispositive of Schemer’s appeal. Schemer’s conviction is affirmed.
C. Constitutionality ofRCW 10.58.090
1. Background Information on RCW 10.58.090
¶28 In 2008, the legislature enacted legislation designed “to ensure that juries receive the necessary evidence to reach a just and fair verdict” in cases in which the criminal defendant is accused of a sex offense. Laws of 2008, ch. 90, §§ 1,2, codified as RCW 10.58.090. The law provides that in any criminal prosecution for commission of a sex offense “evidence of the defendant’s commission of another sex offense or sex offenses is admissible, notwithstanding Evidence Rule 404(b), if the evidence is not inadmissible pursuant to Evidence Rule 403.” RCW 10.58.090(1). The law specifically allows for admission of prior uncharged sex offenses. RCW 10.58.090(5). Prior to admitting evidence of the defendant’s commission of another sex offense, the trial court must consider whether the evidence is made inadmissible by ER 403, and the statute provides a nonexclusive list of considerations that trial courts must consider in making that determination. RCW 10.58.090(6). In a number of respects, RCW 10.58.090 resembles Fed. R. Evid. 413 and 414, which apply to trials in which criminal defendants are charged with sexual assault and child molestation, respectively.
¶29 As the previous discussion of ER 404(b) makes clear, evidence of a criminal defendant’s commission of other sex offenses was already admissible for proper purposes prior to the legislature’s enactment of RCW 10.58.090. In this context, ER 404(b) prohibits the admission of such evidence only for the purpose of demonstrating the criminal defendant’s character in order to show activity in conformity with that character. By enacting RCW 10.58.090, the legislature has declared that evidence of the defendant’s commission of sex offenses is admissible “notwithstanding Evidence Rule 404(b).” RCW 10.58.090(1). Giving the term “notwithstanding” its plain and ordinary meaning (i.e., “without prevention or obstruction from or by” or “in spite of,” Webster’s Third New International Dictionary 1545 (2002)), as we must, see State v. Ervin, 169 Wn.2d 815, 820, 239 P.3d 354 (2010), and presuming the legislature did not intend to create a merely superfluous statute, see id. at 823, the plain purpose and effect of RCW 10.58.090(1) is to make admissible certain types of evidence that ER 404(b) makes inadmissible. That is, RCW 10.58.090 makes evidence of a defendant’s commission of other sex offenses admissible for the purpose of proving the defendant’s character (e.g., the defendant is the “child-molesting type”) in order to show that the defendant has committed the charged offense in spite of ER 404(b)’s prohibition of admission for that purpose.
2. RCW 10.58.090 Violates the Separation of Powers Doctrine
¶30 Gresham argues that RCW 10.58.090 is unconstitutional because its enactment violates the separation of powers doctrine. The party asserting that a statute is unconstitutional bears a heavy burden, for we presume that legislative enactments are constitutional. Island County v. State, 135 Wn.2d 141, 147, 955 P.2d 377 (1998). “[T]he Legislature speaks for the people and we are hesitant to strike a duly enacted statute unless fully convinced, after a searching legal analysis, that the statute violates the constitution.” Id. Ultimately, however, it is for the judiciary to determine whether a given enactment violates the constitution. Id.
¶31 The separation of powers is implicit in our state constitution and arises from “the very division of our government into different branches.” Carrick v. Locke, 125 Wn.2d 129, 135, 882 P.2d 173 (1994). The branches are not “hermetically sealed,” but instead “must remain partially intertwined.” Id. At bottom, the separation of powers doctrine ensures “that the fundamental functions of each branch remain inviolate,” id., and that the actions of one branch do not threaten “the independence or integrity or invade [] the prerogatives of another,” Zylstra v. Piva, 85 Wn.2d 743, 750, 539 P.2d 823 (1975).
¶32 Our separation of powers jurisprudence relating to legislative enactments alleged to conflict with court rules is well developed. “[T]he power to prescribe rules for procedure and practice” is an inherent power of the judicial branch, State v. Smith, 84 Wn.2d 498, 501, 527 P.2d 674 (1974), and flows from article IV, section 1 of the Washington Constitution, State v. Fields, 85 Wn.2d 126, 129, 530 P2d 284 (1975). The legislature recognized this power in RCW 2.04.190 and RCW 2.04.200. The legislature may also adopt, by statute, rules governing court procedures. “If a statute appears to conflict with a court rule, this court will first attempt to harmonize them and give effect to both.” Putman v. Wenatchee Valley Med. Ctr., PS, 166 Wn.2d 974, 980, 216 P.3d 374 (2009). If the statute and the rule “cannot be harmonized, the court rule will prevail in procedural matters and the statute will prevail in substantive matters.” Id.
¶33 RCW 10.58.090 cannot be harmonized with ER 404(b). As discussed, ER 404(b) is a categorical bar to introduction of evidence of prior misconduct for the purpose of showing the defendant’s character and action in conformity with that character. There are no exceptions to this rule. RCW 10.58.090(1) provides that evidence of sex offenses, which are undoubtedly “prior crimes, wrongs, or acts,” is admissible “notwithstanding Evidence Rule 404(b).” That is, RCW 10.58.090 makes evidence of prior sex offenses admissible for the purpose of showing the defendant’s character and action in conformity with that character. In other words, RCW 10.58.090 makes admissible evidence that ER 404(b) declares inadmissible. This is an irreconcilable conflict.
¶34 The State urges that RCW 10.58.090 can be reconciled with ER 404(b) for either of two reasons: (1) because it simply expands the list of exceptions to ER 404(b) or (2) because it leaves admission of evidence of prior sex offenses to the discretion of the trial court. These arguments misunderstand ER 404(b). The first argument has already been addressed — there are no exceptions to ER 404(b). ER 404(b) prohibits admission of evidence of a person’s prior misconduct only when it is offered for the purpose of demonstrating the person’s character and action in conformity with that character. Even when evidence of a person’s prior misconduct is admissible for a proper purpose under ER 404(b), it remains inadmissible for the purpose of demonstrating the person’s character and action in conformity with that character. The other purposes for which evidence of prior misconduct are admitted are not, then, “exceptions.” RCW 10.58.090 would, however, be an exception to ER 404(b); the intent to create an exception is clear from its use of the term “notwithstanding.” An exception is incompatible with a categorical rule.
¶35 The State’s second proffered method of reconciling RCW 10.58.090 and ER 404(b) also fails. A statute that makes admissible evidence deemed inadmissible by a court rule creates no less of an irreconcilable conflict than does a statute mandating admission of evidence that a court rule provides is inadmissible. Our decision in City of Fircrest v. Jensen, 158 Wn.2d 384, 143 P.3d 776 (2006), is not inconsistent. In Jensen, the legislature enacted a law providing that challenges to a blood alcohol content test “ ‘shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing’ ” of the requirements enumerated elsewhere. Id. at 395 (emphasis omitted) (quoting Substitute H.B. 3055, § 4(4)(c), 58th Leg., Reg. Sess. (Wash. 2004)). This court held that that law did not mandate admission of evidence; admission remained subject to all the rules of evidence. Id. at 399. Instead, the import of that case was that the law conflicted with a previous decision of this court, City of Seattle v. Clark-Munoz, 152 Wn.2d 39, 93 P.3d 141 (2004). Clark-Munoz held that evidence was inadmissible because it failed to comply with Washington Administrative Code regulations. Id. at 48. Unlike the case at bar, Jensen did not involve a statute that conflicted with any rule of evidence.
¶36 We cannot perceive of, nor has the State suggested, a narrowing construction of RCW 10.58.090 that would render the statute constitutional. The plain text of the statute itself establishes that it applies “notwithstanding Evidence Rule 404(b).” RCW 10.58.090(1). The irreconcilable conflict flows from the plain text of the statute.
¶37 Because RCW 10.58.090(1) and ER 404(b) cannot be reconciled, we must determine whether the admissibility of evidence in a criminal case is a substantive or procedural matter. There is not always a “clear line of demarcation” between that which is substantive and that which is procedural. Smith, 84 Wn.2d at 501. Instead, we are left with the following “general guidelines”:
Substantive law prescribes norms for societal conduct and punishments for violations thereof. It thus creates, defines, and regulates primary rights. In contrast, practice and procedure pertain to the essentially mechanical operations of the courts by which substantive law, rights, and remedies are effectuated.
Id.
¶38 The admission of evidence in a criminal trial is generally a procedural matter. Definition of the crime and its punishment are substantive matters; admission of evidence is simply the means by which that substantive law is effectuated. See id. Moreover, we long ago suggested that the admission of evidence is a procedural matter to be controlled by the courts in State ex rel. Foster-Wyman Lumber Co. v. Superior Court, 148 Wash. 1, 14, 267 P. 770 (1928) , when we stated that “[i]t seems plain to us that the taking of depositions is an act in the procedure and practice before the courts. It involves the receiving of evidence before the courts, a matter for the courts to determine, and which in no wise trespasses upon the substantive rights of parties.”
¶39 The legislature, in enacting RCW 10.58.090, expressed its understanding that evidentiary statutes are substantive law and take priority over conflicting court rules, citing to State v. Pavelich, 153 Wash. 379, 279 P. 1102 (1929) . Laws of 2008, ch. 90, § 1. It is true that in Pavelich, this court stated that “[r]ules of evidence constitute substantive law.” 153 Wash, at 382. However, that statement was plainly a dictum, as the holding of that case was that rules relating to a trial court’s responsibility to give jury instructions sua sponte are procedural. Id. at 385-86. Moreover, context makes the intended meaning of that statement questionable. Another statement the Pavelich court approved of was that “[procedure . . . includes in its meaning whatever is embraced by the three technical terms, ‘pleading,’ ‘evidence’ and ‘practice.’ ” Id. at 381-82 (citing Kring v. Missouri, 107 U.S. (17 Otto) 221, 231-32, 2 S. Ct. 443, 27 L. Ed. 506 (1883), overruled on other grounds by Collins v. Youngblood, 497 U.S. 37, 110 S. Ct. 2715, 111 L. Ed. 2d 30 (1990)). Pavelich also recognizes that rules of evidence are “found in the common law, chiefly, and grow[ ] out of the reasoning, experience and common sense of lawyers and courts.” Id. at 382. One contemporary commentary noted that Pavelich “contains puzzling passages characterizing rules of evidence as part of the substantive law.” Edmund M. Morgan & John MacArthur Maguire, Looking Backward and Forward at Evidence, 50 Harv. L. Rev. 909, 934 n.65 (1937). The assertion in Pavelich that rules of evidence are, categorically, substantive matters is an unpersuasive dictum.
¶40 In sum, RCW 10.58.090 is an unconstitutional violation of the separation of powers doctrine because it irreconcilably conflicts with ER 404(b) regarding a procedural matter.
3. Admission of Gresham’s Prior Sexual Misconduct Was Not Harmless Error
¶41 We must now determine whether the admission of evidence of Gresham’s prior conviction was harmless error. A deceptively simple question confronts us at the outset: do we apply the constitutional harmless error standard or the nonconstitutional harmless error standard? It is true that the statute supporting admission is unconstitutional, but it does not necessarily follow that admission of the evidence is unconstitutional. Under our disposition of the case, RCW 10.58.090 is not unconstitutional because the constitution, state or federal, prohibits the admission of such evidence, but because the separation of powers doctrine prohibits the legislature from permitting admission in the face of a court rule barring admission. “Unlike many other constitutional violations, which directly damage rights retained by the people, the damage caused by a separation of powers violation accrues directly to the branch invaded.” Carrick, 125 Wn.2d at 136. In this circumstance, the fact that evidence was admitted pursuant to an unconstitutional statute does not necessarily mean that we are to apply the constitutional harmless error doctrine.
¶42 When the support of RCW 10.58.090 is removed, we are simply left with evidence admitted in violation of ER 404(b). It is well settled that the erroneous admission of evidence in violation of ER 404(b) is analyzed under the lesser standard for nonconstitutional error. Smith, 106 Wn.2d at 780. The question, then, is whether, “ ‘within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.’ ” Id. (quoting Cunningham, 93 Wn.2d at 831).
¶43 We cannot conclude that the erroneous admission of Gresham’s prior conviction was harmless error. Much of the testimony at trial was predicated on the fact of Gresham’s prior conviction, including all of A.C.’s testimony and much of J.L.’s parents’ testimony. What would remain absent the erroneously admitted evidence would be J.L.’s testimony that Gresham had molested her and her parents’ corroboration that Gresham had had the opportunity to do so, along with the investigating officer’s testimony. There were no eyewitnesses to the alleged incidents of molestation. While this evidence is by no means insufficient for a jury to convict a defendant, there is a reasonable probability that absent this highly prejudicial evidence of Gresham’s prior sex offense, see Saltarelli, 98 Wn.2d at 363 (“[I]n sex cases . . . the prejudice potential of prior acts is at its highest.”), the jury’s verdict would have been materially affected. Thus, we cannot say that the erroneous admission of the evidence of Gresham’s prior conviction was harmless error.
CONCLUSION
¶44 Because RCW 10.58.090 violates the separation of powers doctrine and there was no other basis for admission of evidence of Gresham’s prior crimes, we must reverse Gresham’s conviction. We emphasize that the legislature has wide latitude in establishing rules for the courts, both procedural and substantive. In some instances, the rules of evidence themselves invite legislative amendment. See, e.g., ER 402 (“All relevant evidence is admissible, except... as otherwise provided by statute.”); ER 802 (“Hearsay is not admissible except as provided ... by statute.”); see also RCW 9A.44.020 (codification of the “rape shield statute,” making certain types of relevant evidence inadmissible in certain circumstances); RCW 9A.44.120 (making certain hearsay statements relating to sexual contact with a child admissible in certain circumstances). Only in those rare cases where a legislative enactment irreconcilably conflicts with a court rule and the rule is procedural in nature will we invalidate the enactment. This is one such circumstance. Because RCW 10.58.090 irreconcilably conflicts with ER 404(b), we hold that the statute violates the separation of powers doctrine and declare it unconstitutional. Admission of evidence of Gresham’s prior sex offense was therefore error. Since we cannot determine that the erroneous admission of that evidence was harmless error, we reverse Gresham’s conviction and remand for further proceedings.
¶45 As to Schemer, we hold that the evidence of his prior acts of child molestation was admissible for the purpose of demonstrating a common scheme or plan. Thus, even without RCW 10.58.090, the evidence was admissible in his trial. Admission therefore was not error. We accordingly affirm Schemer’s conviction.
C. Johnson, Chambers, Fairhurst, Stephens, and Wiggins, JJ., and Alexander, J. Pro Tem., concur.
J.M. Johnson, J.
¶46 (concurring in part and dissenting in part) — The State of Washington charged petitioner Michael Tyrone Gresham with “three counts of child molestation in the first degree and one count of attempted child molestation in the first degree for repeatedly molesting an eight-year-old girl from 1998 to 2002.” State v. Gresham, 153 Wn. App. 659, 663, 223 P.3d 1194 (2009). A jury found Gresham guilty on all four charges. Id. The eight-year-old victim in the present case was young J.L. Majority at 417.
¶47 Unfortunately, J.L. was not Gresham’s first child victim. Prior to the repeated molestation of J.L., Gresham was convicted of molesting another child, a nine-year-old girl. Gresham, 153 Wn. App. at 663. Today, the majority reverses Gresham’s convictions for molesting J.L. because the jury learned of Gresham’s sexual abuse of the other child victim. This result is legally incorrect and ultimately unjust.
¶48 The majority opinion holds that RCW 10.58.090, which allows evidence of a defendant’s prior sexual offenses in a criminal prosecution for another sexual offense, violates the separation of powers doctrine. Ironically, the majority concludes that it is the legislature that has failed to respect the sovereignty of its sister-branches of government. I disagree. In this case, the shoe is on the other foot.
¶49 I would hold that RCW 10.58.090 is constitutional. There is no irreconcilable conflict between RCW 10.58.090 and ER 404(b), and thus, the statute does not infringe on the power of the judiciary. By striking down RCW 10.58.090, the majority opinion preserves an overly rigid interpretation of ER 404(b) at the expense of the victims of sexual abuse. Moreover, the majority opinion reaches paradoxical results in the present cases, finding the admission of mere accusations against Roger Alan Schemer harmless while reversing Gresham’s child molestation convictions due to the admission of his prior conviction. I concur in the majority opinion’s affirmation of Schemer’s convictions. However, with respect to the majority’s judgment that RCW 10.58.090 violates the constitution and its reversal of Gresham’s child molestation convictions, I respectfully but strongly dissent.
¶50 RCW 10.58.090 does not violate the separation of powers doctrine. The separation of powers is not a one-way street; it requires courts to respect the considered judgments of the legislature as it requires the legislature to respect the judgments of this court. Only where there is an irreconcilable conflict between our procedural rules and a rule promulgated by the legislature will we strike the legislative enactment down. City of Fircrest v. Jensen, 158 Wn.2d 384, 394, 143 P.3d 776 (2006). “ ‘The question to be asked is not whether two branches of government engage in coinciding activities, but rather whether the activity of one branch threatens the independence or integrity or invades the prerogatives of another.’ ” Id. (internal quotation marks omitted) (quoting State v. Moreno, 147 Wn.2d 500, 505-06, 58 P.3d 265 (2002)).
¶51 RCW 10.58.090 does not threaten judicial independence or integrity and does not preclude us from effectively administering justice in Washington’s courts. Other jurisdictions across the country routinely administer justice through provisions substantially similar to both RCW 10.58.090 and ER 404(b). Both the federal courts and military courts-martial have similar provisions. See Fed. R. Evid. 404(b); Fed. R. Evid. 413-14; Mil. R. Evid. 404(b); Mil. R. Evid. 413-14. Additionally, at least one-fifth of state jurisdictions also allow for a propensity inference in sexual offense cases. See 1 Edward J. Imwinkelried, Uncharged Misconduct Evidence §§ 2:23, 4:15 (rev. ed. 2009).
¶52 Washington law already allows for a propensity inference in cases involving sexual misconduct. In its careful exposition of ER 404(b), the majority correctly notes that the general rule “is a categorical bar to admission of evidence for the purpose of proving a person’s character and showing that the person acted in conformity with that character.” Majority at 420. Likewise, the majority accurately states that the illustrative list of other purposes for which a party may offer evidence of prior bad acts in the second sentence of ER 404(b) is not a list of “ ‘exceptions.’ ” Id. at 429.
¶53 However, the majority incorrectly concludes that there are “no exceptions” to ER 404(b). Id. at 429. This is not accurate. This court already recognizes the “lustful disposition” exception, notwithstanding ER 404(b), in cases involving sexual misconduct. State v. Ferguson, 100 Wn.2d 131, 133-34,667 P.2d 68 (1983) (“This court has often invoked an exception in similar cases to permit evidence of collateral sexual misconduct when it shows a lustful disposition directed toward the offended female.” (emphasis added)). If prior sexual assaults against the same victim are probative and relevant evidence, it is hard to see why the same rationale does not apply to similar prior sexual assaults against third parties. 1 Imwinkelried, supra, at § 4:15, at 4-89 to -90 (“If there is no qualitative difference between [sexual misconduct against the same victim and against a third party] and the uncharged misconduct doctrine does not bar the former, it is difficult to defend an absolute exclusion of misconduct involving third parties.”). We can harmonize RCW 10.58.090 and ER 404(b) by viewing the statute as an additional, legislatively created exception.
¶54 The majority tries to distinguish the lustful disposition exception in a footnote. Majority at 430 n.4. The majority opinion argues that when admitting lustful disposition evidence, the purpose of the prior sexual offenses is “not to demonstrate the defendant’s character but to demonstrate the nature of the defendant’s relationship with and feelings toward the victim.” Id.
¶55 This is inaccurate. A “disposition” is by definition a description of “[t]emperament or character.” Black’s Law Dictionary 539 (9th ed. 2009). Under the lustful disposition exception, the court admits evidence of the defendant’s prior sexual misconduct affecting the victim “ ‘for the purpose of showing the lustful inclination of the defendant toward the offended female, which in turn makes it more probable that the defendant committed the offense charged.’ ” State v. Ray, 116 Wn.2d 531, 547, 806 P.2d 1220 (1991) (quoting Ferguson, 100 Wn.2d at 134). A propensity inference by any other name is still a propensity inference — whether directed to the same victim or to third parties.
¶56 Intellectual honesty demands that we recognize lustful disposition evidence for what it is: a propensity inference that, based upon the defendant’s past sexual abuse of the victim, he is more likely to have committed the charged sexual offense against the same victim. See 1 Imwinkelried, supra, at § 4:14, at 4-76 (“In some jurisdictions, intellectual honesty triumphed, and the courts eventually acknowledged that they were fashioning a special exception [in sexual offense cases] to the norm prohibiting the use of the defendant’s disposition as circumstantial proof of conduct.”); see also 5 Karl B. Tegland, Washington Practice: Evidence Law and Practice § 404.26, at 581 (5th ed. 2007) (“The courts have seldom articulated any way of reconciling the traditional lustful-disposition rule with Rule 404(b), but the traditional rule is so ingrained that it is unlikely to change.”).
¶57 The legislature has found that allowing the propensity inference in sexual offense cases though court application of RCW 10.58.090 serves important policy goals. Highly probative circumstantial evidence may be considered in cases in which direct evidence rarely exists. Sexual offenders commit their crimes in secret and with an eye toward avoiding detection. Often there is no physical evidence of the sexual abuse and no third party witnesses. The consequence is that sexual offense cases routinely involve a competition between two lines of conflicting testimony: the victim’s word against the defendant’s. This problem is further exacerbated when the victim is a child whose testimony may be impeached due to the victim’s tender age and the effects of victimization. Under such circumstances, the jury should not be restricted to decide the case without evidence that the defendant stands previously convicted of sexually assaulting other children.
¶58 It is well established from studies around the country that sexual offenders are repetitious in their predatory conduct, demonstrating very high rates of recidivism. Social scientific studies now confirm empirically what most citizens know by common sense. A person who sexually assaulted others in the past is more likely to reoffend in the future than an individual who lacks such a history. See Ellen H. Meilaender, Note, Revisiting Indiana’s Rule of Evidence 404(b) and the Lannan Decision in Light of Federal Rules of Evidence 413-415, 75 Ind. L.J. 1103, 1116 (2000) (“ [R] esearch supports the conclusion that, ‘contrary to the impression yielded by the general literature, [sex] offenders are serious recidivists,’ although much of their recidivism goes undetected.” (second alteration in original) (quoting A. Nicholas Groth et al., Undetected Recidivism Among Rapists and Child Molesters, 28 Crime & Delinq. 450, 456 (1982))). Moreover, these empirical studies likely underestimate the level of recidivism among sex offenders. Probation 58, 63-64 (1985)).
¶59 To recognize the importance of providing the jury with information of a defendant’s past sexual offenses, consider Gresham. Between December 1998 and September 2003, young J.L. stayed at Gresham’s house on a monthly basis. Majority at 417. While staying at the home, Gresham repeatedly molested J.L., fondling her and sexually touching her. Id. The final act of molestation occurred in J.L.’s own home when Gresham, acting as a baby-sitter, sneaked into her room and fondled her in her bed. Id. at 417-18. Like many child victims, J.L. did not reveal the molestation until much time had passed. Id. at 418. The criminal investigation occurred several years later. Id.
¶60 Due to the secretive nature of Gresham’s molestation, there was little evidence of his crime. The jury heard J.L. testify that Gresham molested her, heard her parents testify that Gresham had the opportunity to commit the crimes, and heard a detective discuss the investigation. Id. at 433-34. The majority concludes that hearing this evidence alone, a jury might not have convicted Gresham of the charged offenses. Id. at 433.
¶61 However, that is not the only evidence that the jury heard in Gresham’s case. The jury also based its decision on the fact that Gresham pleaded guilty to sexually molesting another young girl over a period of four years. Id. at 418. In a justice system aimed at discerning truth, it is hard to understand why the jury should be deprived of such obviously probative and crucial information before rendering its verdict.
¶62 Of course, the decision as to when evidence of prior sexual offenses should be admitted in sexual offense trials will continue to remain a hotly debated issue. Important policy concerns weigh heavily on both sides. These matters were heard and presumably considered by the legislature and the governor when adopting this law. It is the constitutional role of the legislature to fully consider the policy adopted in RCW 10.58.090. Our decision in this case should be to respect that legislative decision that is actually supported by both scientific evidence and common sense. As Justice Holmes once noted:
I think the proper course is to recognize that a state legislature can do whatever it sees fit to do unless it is restrained by some express prohibition in the Constitution of the United States or of the State, and that Courts should be careful not to extend such prohibitions beyond their obvious meaning by reading into them conceptions of public policy that the particular Court may happen to entertain.
Tyson & Brother-United Theatre Ticket Offices, Inc. v. Banton, 273 U.S. 418, 446, 47 S. Ct. 426, 71L. Ed. 718 (1927) (Holmes, J., dissenting), overruled in part on other grounds by Olsen v. Nebraska ex rel. W. Reference & Bond Ass’n, 313 U.S. 236, 61 S. Ct. 862, 85 L. Ed. 1305 (1941).
Conclusion
¶63 I would hold that RCW 10.58.090 is a constitutional exercise of legislative power. This court has long allowed propensity inferences in sexual offense cases where prior acts against the same victim were involved, notwithstanding ER 404(b). There is no reason to believe that the legislature’s and the governor’s determination that the same should apply to similar sexual violations against third parties somehow invades the integrity and independence of the judiciary. Such a legislative determination accords with another important principle of our state constitution: protecting the rights of unusually vulnerable victims. See Wash. Const, art. I, § 35.
¶64 Apparently, the only solution acceptable to the majority is for this court to consider and adopt changes that parallel the provisions of Fed. R. Evid. 413-14 for adoption into the Washington Rules of Evidence. We should do so and incorporate the legislative record for RCW 10.58.090 as part of our record.
¶65 The separation of powers doctrine imposes an obligation on this court to respect the considered judgments of the legislature and the governor. Whether courts should admit evidence of prior sexual offenses in sexual offense trials is a contested matter that is amenable to legislative solutions reached after full fact-finding, discussion, and debate at legislative hearings. Based on separation of powers principles I am compelled to the opposite conclusion of the majority. I concur in the majority’s affirmation of Schemer’s convictions. With respect to its reversal of Gresham’s child molestation convictions, I respectfully but strongly dissent.
Madsen, C. J.
¶66 (dissenting) — The majority invalidates
RCW 10.58.090 on the ground that it violates the separation of powers doctrine. The majority concludes that the statute is a procedural rule that cannot be harmonized with ER 404(b), an evidence rule promulgated by this court. I dissent because the statute and the court rule do not conflict and, even if a conflict exists, the two can be harmonized and both given effect.
¶67 Historically, both the legislature and this court have frequently adopted procedural rules. There is no doubt that this is a legitimate use of legislative power; there is no constitutional mandate prohibiting the legislature from doing so. The only time a true constitutional separation of powers problem arises with respect to procedural rules is when this court has established a rule and the legislature subsequently adopts an irreconcilable statute on the same procedural matter. This case does not present such a situation.
¶68 First, the conflict perceived by the majority does not exist. Second, to the extent that the statute and the rule concern the same subject matter, they can be harmonized and each may be given effect. Third, while the statute involves a rule for admissibility of certain kinds of evidence, it also embodies important public policy that the legislature wishes to advance and this court should, where possible, accede to the legislature’s declaration of public policy.
¶69 I would hold that the statute does not violate the separation of powers doctrine and therefore dissent from the majority opinion.* *
Discussion
¶70 The defendants in these cases argue that RCW 10.58.090 is a procedural rule of evidence that is irreconcilable with ER 404(b) and therefore it must be invalidated on the ground that it violates the separation of powers doctrine. The majority agrees. I do not.
Separation of powers
¶71 The separation of powers doctrine, while not explicit in our state constitution, is an important recognition of the separate branches of government and the services they provide. The separation of powers doctrine is a cardinal and fundamental principle of our constitutional system. Wash. State Motorcycle Dealers Ass’n v. State, 111 Wn.2d 667, 674, 763 P.2d 442 (1988).
¶72 However, the doctrine is not one of rigid boundaries. The doctrine must be invoked only when there is a true, unavoidable conflict that relates to the court’s inherent power as a constitutional branch of government. City of Spokane v. Spokane County, 158 Wn.2d 661, 679, 146 P.3d 893 (2006). Otherwise, the doctrine contemplates flexibility and practicality. Carrick v. Locke, 125 Wn.2d 129, 135, 882 P.2d 173 (1994). Indeed, given the need for government to act responsibly with primary attention given to carrying out those functions necessary to serve the state and its people, it is important that the three branches operate as much as possible in “[hjarmonious cooperation.” Zylstra v. Piva, 85 Wn.2d 743, 750, 539 P.2d 823 (1975); accord Wash. State Council of County & City Emps., Council 2 v. Hahn, 151 Wn.2d 163, 168, 86 P.3d 774 (2004).
¶73 Accordingly, when it appears that a court rule and a statutory enactment conflict, we try to harmonize the two and give each effect. Putman v. Wenatchee Valley Med. Ctr., PS, 166 Wn.2d 974, 980, 216 P.3d 374 (2009); City of Fircrest v. Jensen, 158 Wn.2d 384, 394, 143 P.3d 776 (2006); State v. Blilie, 132 Wn.2d 484, 491, 939 P.2d 691 (1997) (the court is committed to making every effort to harmonize the two provisions). Harmonizing is important to give effect to the authority of the legislative branch of government, and in particular it is important here because both this court and the legislature have authority to adopt rules of evidence. Jensen, 158 Wn.2d at 394; see 5 Karl B. Tegland, Washington Practice: Evidence Law and Practice Chairman’s Intro, to the Wash. Rules of Evidence at V-IX (2d ed. 1982).
The statute and the court rule do not conflict
¶74 Looking first to the question whether the statute and the evidence rule conflict, contrary to the majority’s view, they do not. ER 404(b) bars the use of evidence of other crimes, wrongs, or acts to prove character 'and the defendants’ actions were in conformity with it, and then lists other purposes for which such evidence may nevertheless be admissible. Thus, despite the general prohibition, past acts evidence can be admitted to prove motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. ER 404(b).
¶75 RCW 10.58.090(1) provides that when a defendant is accused of a sex offense, evidence of the defendant’s commission of other sex offenses is admissible, including uncharged conduct, “notwithstanding Evidence Rule 404(b),” provided that the evidence is not inadmissible under ER 403. The statute also contains a list of factors that a trial court “shall” consider to decide if the evidence should be excluded under ER 403. RCW 10.58.090(6).
¶76 The majority says that the evidence rule and the statute conflict because the evidence rule contains a categorical bar to introduction of evidence of prior misconduct “to prove the character of a person in order to show action in conformity therewith” (majority at 420-21) and the statute authorizes admission of such evidence “notwithstanding Evidence Rule 404(b).” ER 404(b); RCW 10.58.090(1).
¶77 Contrary to the majority, ER 404(b) contains a nonexclusive list of issues on which evidence that first appears to be prohibited under the rule is nevertheless admissible if relevant to any fact in issue. Thus, the rule is not as prohibitive as the majority says; it does permit evidence of past bad acts to be admitted for a number of purposes and the list is nonexclusive.
¶78 Moreover, the majority’s reading of “notwithstanding Evidence Rule 404(b)” in RCW 10.58.090 neglects another interpretation that is not only more plausible, but also serves to avoid the majority’s conclusion that the statute is unconstitutional. That is, the statute is readily amenable to the interpretation that an additional purpose is added to the list of nonexclusive purposes for which past acts evidence is admissible “notwithstanding” the general rule stated in ER 404(b). The legislature’s use of this language, far from ensuring the statute’s unconstitutionality, indicates another exception to the rule. So construed, the statute does not contradict ER 404(b)’s general prohibition against using prior acts evidence to prove character — it does not generally make such evidence admissible.
¶79 The statute also incorporates ER 403’s balancing test for admissibility as well. RCW 10.58.090(1) and (6)(g) additionally show legislative intent to fit the statute into the context of ER 403 and ER 404.
¶80 The exception carved out by the statute is not incompatible with other exceptions, either. An already recognized exception to the general rule of ER 404(b) is the exception for lustful disposition. Under this exception, the defendant’s prior sexual misconduct against the same victim is admissible in order to show the defendant’s lustful disposition toward that victim. E.g., State v. Ray, 116 Wn.2d 531, 547, 806 P.2d 1220 (1991); State v. Camarillo, 115 Wn.2d 60, 70, 794 P.2d 850 (1990). The evidence is admitted to show the lustful disposition of the defendant against the victim, making it more probable that the defendant committed the charged offense. Ray, 116 Wn.2d at 547. By enacting RCW 10.58.090, the legislature has in effect expanded the scope of prior sexual misconduct to include individuals who are not the victims of conduct charged in the case where evidence of prior sexual misconduct may be admissible.
¶81 I would conclude that the statute and ER 404(b) are not in conflict, unlike the majority.
Even if conflict exists, the court rule and the statute can be harmonized
¶82 Next, even if RCW 10.58.090 and ER 404(b) conflict, they can be harmonized. In Jensen, we addressed a separation of powers argument with regard to the legislature’s enactment of a statute that governed admissibility of blood alcohol content test results in prosecutions for driving under the influence of intoxicants. We determined that the statute, RCW 46.61.506(4)(a), did not violated the separation of powers doctrine, in that it did not mandate admissibility but rather established reliability standards. A trial court could still assess admissibility under ER 702. Jensen, 158 Wn.2d at 397-98. Thus, the statute was permissive, not mandatory, and could be harmonized with the rules of evidence in that a trial court could use its discretion to exclude the test results under the rules of evidence. Id. at 399. We held that the statute did not invade the prerogative of the courts or threaten judicial independence, and did not violate the separation of powers doctrine.
¶83 The same type of analysis may be applied here. First, if the court does not readily find that the statute states another exception that will always permit admissibility under ER 404(b), the statute can still be harmonized and given effect. RCW 10.58.090(1) provides that evidence of sex offenses is “admissible” but does not mandate that it be admitted. The statute also contemplates that the trial court will assess the evidence for admissibility under the evidence rules, including ER 404(b). Therefore, a trial court may consider evidence of this type and determine admissibility within the particular context of the individual case. If the evidence is sought to prove a lustful disposition, like the evidence already permitted under a currently recognized exception, for example, the court could admit the evidence for this purpose. But in any case, the trial court would have discretion on admissibility.
¶84 Viewed in this way, the statute may be harmonized with ER 404(b). Because admissibility is not mandated and court discretion is acknowledged, the statute does not invade the prerogative of the courts or threaten judicial independence, and it does not violate the separation of powers doctrine.
Public policy
¶85 RCW 10.58.090 embodies procedural aspects, to be sure. It provides a rule for admissibility of a certain type of evidence, and thus acts as an evidentiary rule addressing admissibility. However, the statute also embodies public policy concerns that are more akin to substantive law.
¶86 The goal of giving effect to the authority of both the legislature and the court is not necessarily served by drawing the line between substantive and procedural rules. Although it is often said that the power to adopt procedural rules is the province of the judiciary and the legislature’s to adopt substantive law, e.g., State v. Smith, 84 Wn.2d 498, 501, 527 P.2d 674 (1974), this is not strictly true. This court has had occasion to promulgate substantive common law when there is no statute controlling on a subject. For example, we have recognized common law causes of action of loss of consortium. Ueland v. Pengo Hydra-Pull Corp., 103 Wn.2d 131, 691 P.2d 190 (1984) (parental consortium); Lundgren v. Whitney’s, Inc., 94 Wn.2d 91, 614 P.2d 1272 (1980) (loss of consortium for wives whose husbands are injured by third party’s negligent acts). We have also adopted substantive law respecting ownership of property; for example, we recognized the meretricious relationship doctrine and the principle of a “ ‘just and equitable’ ” distribution of property on termination of such relationships. In re Marriage of Lindsey, 101 Wn.2d 299, 304, 678 P.2d 328 (1984) (quoting Latham v. Hennessey, 87 Wn.2d 550, 554, 554 P.2d 1057 (1976)); see also Connell v. Francisco, 127 Wn.2d 339, 348-50, 898 P.2d 831 (1995). Similarly, the legislature has enacted statutes that establish procedure and has done so specifically with regard to rules for admission of evidence. E.g., RCW 5.60.060 (evidentiary privileges); RCW 5.45.020 (business records). Thus, simply making an inquiry according to the substantive-procedural dichotomy will not necessarily resolve the question whether a statute must be invalidated on separation of powers grounds.
¶87 The legislature is obviously concerned with the problems posed by offenders who repeatedly commit sexual offenses. Sex offenses have given rise to specialized laws in many contexts. In the arena of sexually violent predators, for example, the legislature has enacted laws governing civil commitment in an effort to both protect the public and to provide for rehabilitation in a specialized environment. The legislature has also enacted special laws regarding sentencing for sex offenders under specified certain circumstances.
¶88 Here, it is apparent that the legislature recognizes that prior sex offenses may be relevant in a prosecution for a sex offense and believes that this is information that, within the trial court’s discretion, is important for the jury to know. It seems certain that the legislature believes that just as sexually violent predators may be inclined to recidivism, individuals committing sex offenses may have a “lustful disposition” that can extend to people other than the current victim of a sex offense.
¶89 Insofar as RCW 10.58.090 manifests public policy by furthering the legislative purpose to deal with the problems of repeat sex offenders, it is substantive in nature. This conclusion should not mean that there is no need to consider the separation of powers problem raised by the defendants; the statute still concerns admissibility of evidence.
¶90 The public policy expressed in the statute, however, is of great consequence to resolution of the separation of powers argument. Determining public policy and giving it effect are generally the province of the legislature. Sedlacek v. Hills, 145 Wn.2d 379, 390, 36 P.3d 1014 (2001). If the court intends to yield to the legislature its authority to make public policy, as we should, the goal of harmonizing ER 404(b) and the statute should be pursued much more vigorously than the majority does. Because it is possible to harmonize RCW 10.58.090 and ER 404(b), even if one believes they conflict, and so permit the legislature’s policy to be given effect, this is what the court should do.
Conclusion
¶91 RCW 10.58.090 can be easily construed so that it does not conflict with ER 404(b). The court should do so and avoid the necessity of invalidating the statute as unconstitutional. Even if a conflict is perceived, however, the statute and the court rule can be harmonized and both given effect. The statute does not mandate that evidence of sex offenses must be admitted; it provides only that such evidence may be permitted, leaving to the courts the discretion necessary for preservation of core judicial functions. The statute should be upheld, not only because the legislature did not encroach on the judiciary’s fundamental functions, but also to allow implementation of the public policy advanced by the legislature through the statute.
Because we resolve the case on this basis, we do not address the remaining challenges to the constitutionality of RCW 10.58.090.
We recently reaffirmed our long-standing rule that the trial court has no duty to give an ER 404(b) limiting instruction sua sponte. State v. Russell, 171 Wn.2d 118, 123-24, 249 P.3d 604 (2011).
RCW 10.58.090 provides, in full:
(1) In a criminal action in which the defendant is accused of a sex offense, evidence of the defendant’s commission of another sex offense or sex offenses is admissible, notwithstanding Evidence Rule 404(b), if the evidence is not inadmissible pursuant to Evidence Rule 403.
(2) In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause.
(3) This section shall not be construed to limit the admission or consideration of evidence under any other evidence rule.
(4) For purposes of this section, “sex offense” means:
(a) Any offense defined as a sex offense by RCW 9.94A.030;
(b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); and
(c) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes).
(5) For purposes of this section, uncharged conduct is included in the definition of “sex offense.”
(6) When evaluating whether evidence of the defendant’s commission of another sexual offense or offenses should be excluded pursuant to Evidence Rule 403, the trial judge shall consider the following factors:
(a) The similarity of the prior acts to the acts charged;
(b) The closeness in time of the prior acts to the acts charged;
(c) The frequency of the prior acts;
(d) The presence or lack of intervening circumstances;
(e) The necessity of the evidence beyond the testimonies already offered at trial;
(f) Whether the prior act was a criminal conviction;
(g) Whether the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence; and
(h) Other facts and circumstances.
This includes the purpose of demonstrating the defendant’s “lustful disposition” toward the victim. In that circumstance, the purpose of the evidence is not to demonstrate the defendant’s character but to demonstrate the nature of the defendant’s relationship with and feelings toward the victim. In that way, such evidence is probative of motive and intent and provides context to the crime. State v. Cox, 781 N.W.2d 757, 768 (Iowa 2010).
I do not address the ex post facto claims raised by the defendants but do not believe that they are valid. I would uphold the statute in the face of both constitutional challenges.
In a phrase that is often repeated, but I fear is not actually given effect in this case by the majority, we have explained that fulfillment of the doctrine does not require that our three branches of government be “hermetically sealed off from one another.” E.g., Hale v. Wellpinit Sch. Dist. No. 49, 165 Wn.2d 494, 504, 198 P.3d 1021 (2009); Carrick v. Locke, 125 Wn.2d 129, 135, 882 P.2d 173 (1994). Rather, the doctrine ensures that the fundamental functions of the three branches of government remain inviolate. Hale, 165 Wn.2d at 504; City of Spokane v. Spokane County, 158 Wn.2d 661, 679, 146 P.3d 893 (2006).
ER 404(b) states:
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. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
The interplay of legislative and court authority is otherwise evident. As we have often noted, RCW 2.04.190 contains a legislative delegation of power to promulgate procedural rules, including rules for admission of evidence in actions in superior and district courts. E.g., State v. Fields, 85 Wn.2d 126, 128-29, 530 P.2d 284 (1975); Jensen, 158 Wn.2d at 394. This delegation is additional to the court’s inherent judicial power under article IV of the Washington State Constitution to govern court procedures.
| CASELAW |
Reconstructing interacting entropy-corrected holographic scalar field models of dark energy in the non-flat universe
@article{Karami2011ReconstructingIE,
title={Reconstructing interacting entropy-corrected holographic scalar field models of dark energy in the non-flat universe},
author={Kayoomars Karami and Mohammad Khaledian and Mubasher Jamil},
journal={Physica Scripta},
year={2011},
volume={83},
pages={025901}
}
Here we consider the entropy-corrected version of the holographic dark energy (DE) model in the non-flat universe. We obtain the equation of state parameter in the presence of interaction between DE and dark matter. Moreover, we reconstruct the potential and the dynamics of the quintessence, tachyon, K-essence and dilaton scalar field models according to the evolutionary behavior of the interacting entropy-corrected holographic DE model.
Entropy-corrected holographic scalar field models of dark energy in Kaluza-Klein universe
Abstract.We investigate the evolution of interacting holographic dark energy with logarithmic corrections in the flat Kaluza-Klein universe. We evaluate the equation of state parameter and also
Interacting viscous entropy-corrected holographic scalar field models of dark energy with time-varying G in modified FRW cosmology
We study the entropy-corrected version of the holographic dark energy (HDE) model in the framework of modified Friedmann-Robertson-Walker cosmology. We consider a non-flat universe filled with an
Interacting Ricci dark energy with logarithmic correction
Motivated by the holographic principle, it has been suggested that the dark energy density may be inversely proportional to the area A of the event horizon of the universe. However, such a model
Interacting Logarithmic Entropy-Corrected Agegraphic Chameleon-Tachyon Dark Energy
Considering entropy correction terms resulting from loop quantum gravity, we investigate an interacting agegraphic dark energy model. The connection between such a model and a tachyon scalar field
Holographic Dark Energy with Time Varying n2 Parameter in Non-Flat Universe
We consider a holographic dark energy model, with a varying parameter, n, which evolves slowly with time. We obtain the differential equation describing evolution of the dark energy density
Interacting Ricci Logarithmic Entropy-Corrected Holographic Dark Energy in Brans-Dicke Cosmology
In the derivation of Holographic Dark Energy (HDE), the area law of the black hole entropy assumes a crucial role. However, the entropy-area relation can be modified including some quantum effects,
Holographic dark energy in Brans–Dicke theory with logarithmic correction
In the derivation of holographic dark energy density, the area law of the black hole entropy plays a crucial role. However, the entropy-area relation can be modified from the inclusion of quantum
Power-law entropy-corrected new holographic dark energy in Horava–Lifshitz cosmology
Purpose of this paper is to study power-law entropy-corrected holographic dark energy (PLECHDE) in the frame work of Horava–Lifshitz cosmology with Granda–Oliveros (G-O) IR-cutoff. Considering
Interacting Tachyon Dark Energy Model in Gauss-Bonnet Cosmology
We investigate the tachyon scalar filed model of dark energy in the framework of Gauss-Bonnet cosmology. We consider a spatially non-flat universe containing interacting tachyon dark energy with
QCD modified ghost scalar field dark energy models
Within the framework of FRW cosmology, we study the QCD modified ghost scalar field models of dark energy (DE) in the presence of both interaction and viscosity. For a spatially nonflat FRW universe
References
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THERMODYNAMICS OF INTERACTING ENTROPY-CORRECTED HOLOGRAPHIC DARK ENERGY IN A NON-FLAT FRW UNIVERSE
An entropy-corrected holographic dark energy (ECHDE) was recently proposed to explain the dark energy-dominated universe with the help of quantum corrections to the entropy–area relation in the setup
Interacting Entropy-Corrected New Agegraphic K-essence, Tachyon and Dilaton Scalar Field Models in Non-flat Universe
We consider the new agegraphic dark energy model with the help of the quantum corrections to the entropy-area relation in the setup of loop quantum gravity. Employing this new form of dark energy so
Interacting holographic dark energy with logarithmic correction
The holographic dark energy (HDE) is considered to be the most promising candidate of dark energy. Its definition is motivated from the entropy-area relation which depends on the theory of gravity
Reconstructing an interacting holographic polytropic gas model in a non-flat FRW universe
We study the correspondence between the interacting holographic dark energy and the polytropic gas model of dark energy in a non-flat FRW universe. This correspondence allows one to reconstruct the
Interacting Entropy-Corrected Agegraphic-Tachyon Dark Energy
Motivated by recent work of Sheykhi (Phys. Lett. B 682:329, 2010), we generalize this work to agegraphic tachyon models of dark energy with entropy correction terms arising from loop quantum gravity.
The holographic dark energy in a non-flat universe
We study the model for holographic dark energy in a spatially closed universe, generalizing the proposal in hep-th/0403127 for a flat universe. We provide independent arguments for the choice of the
Cosmic accelerated expansion and the entropy-corrected holographic dark energy
By considering the logarithmic correction to the energy density, we study the behavior of Hubble parameter in the holographic dark energy model. We assume that the universe is dominated by
... | ESSENTIALAI-STEM |
Trương Đình Luật
Trương Đình Luật (born 12 November 1983) is a Vietnamese professional football manager and former player. He is currently the assistant manager of Vietnam national team and Vietnam national under-23 team.
Club
Becamex Bình Dương
* V.League 1:
* Winners : 2014, 2015
* Vietnamese National Cup
* Winners : 2015
* Runners-up :2014
* Vietnamese Super Cup
* Winners : 2014, 2015
* Mekong Club Championship
* Winners : 2014
International
Vietnam
* AFF Championship
* Semi-finalists : 2014, 2016
* AYA Bank Cup
* Winners : 2016 | WIKI |
Lsp disable autostart message
I have a LSP for AngualrLS configured for my project. Recently I updated things I now I see a message printed when angualrls can’t start
Autostart for angularls failed: matching root directory not detected.
Autostart for angularls failed: matching root directory not detected.
Press ENTER or type command to continue
Is there a way to silence this?
That’s just the warning message (from lspconfig) saying we couldn’t autostart angularls because we can’t detect the requisite project structure. How would you prefer we display the message? Is it just the enter prompt that is bothersome?
The “enter” prompt is for sure a pain, but would rather not see the message at all. If it can’t detect the workspace root, my thought would be that it just quietly skip the lsp all together, vs notifying me.
IMO it should only print something if there is an actual error.
Yeah, but on the flip side historically we have had users complain that lspconfig silently failed to start their language servers
Maybe a good middle ground would be to have an option to toggle the logging?
local lspconfig = require "lspconfig"
lspconfig.util.default_config = vim.tbl_extend( "force", lspconfig.util.default_config, { logging = false })
What’s the situation in which you would have angular configured in your config but would not want a warning that it can’t start on the current project?
I have angular configured for the typescript, but also tsserver configured. So I typically want tsserver always, and angular-ls only if I’m in an angular project. If i’m not in an angular project, just skip the server | ESSENTIALAI-STEM |
Protecting Data from Users
What is the best way to prevent unintended updates or
deletes in a table? The small changes may not be so bad or hard to recover
from, but what if it was every record in the table that underwent a change? The
“global change” situation can occur when a user submits an update or delete
without a where clause, potentially causing a global reaction. As a DBA, how
can you protect users from themselves? And let’s be honest – how do you protect
yourself from you?
Application control
Methods that can be used to prevent global change range from
the sophisticated to those of brute force, high cost to no cost, and may or may
not be purely Oracle-driven. One approach is to control or manage changes (all
data manipulation language statements) via an application interface. Oracle
Forms is an excellent example of how to manage change. With presented data
typically being shown in a master-detail or parent-child type of relationship,
chances are most changes are going to be one or few at a time. But then there
is the overhead of licensing a version of Forms & Reports, hardware costs
for running Application Server, and development time. Even with a rapid
application development tool such as APEX, you still can’t escape the
development overhead.
Disable locks
On a simpler, less elegant level, one way to prevent global
changes is to disable locks on your table(s) of interest.
SQL> alter table emp disable table lock;
Table altered.
Problem solved – no one can make any DML changes, right?
Let’s first test dropping the table.
SQL> drop table emp;
drop table emp
*
ERROR at line 1:
ORA-00069: cannot acquire lock -- table locks disabled for EMP
With the ORA-00069 error raised, we know we’re at least safe
from inadvertent drops (and this works for truncate as well). Does it work for
DML? Let’s update SAL to 5000 for everyone by omitting a WHERE clause (because
we only meant to update one or two records).
SQL> update emp set sal = 5000;
14 rows updated.
SQL> commit;
Commit complete.
With respect to our goal of preventing global changes, a
status of DISABLED as seen in DBA/ALL/USER_TABLES (the TABLE_LOCK attribute)
refers to DDL locks, not DML locks, so this is not a viable option. DDL on the
table is more likely to be quite rare when compared to the frequency of DML.
Product user profile
Perhaps another option is to use the product user profile.
With the profile in place, insert into the PRODUCT_PROFILE table the user (or
users) whose abilities you want to limit.
INSERT INTO product_profile (product, userid, attribute, char_value)
VALUES ('SQL*Plus','SCOTT','DELETE','DISABLED');
INSERT INTO product_profile (product, userid, attribute, char_value)
VALUES ('SQL*Plus','SCOTT','UPDATE','DISABLED');
Let’s apply the update restriction to Scott and then have
him try to update the EMP table again.
SQL> INSERT INTO product_profile
2 (product, userid, attribute, char_value)
3 VALUES ('SQL*Plus','SCOTT','UPDATE','DISABLED');
1 row created.
SQL> commit;
Commit complete.
SQL> conn scott/tiger
Connected.
SQL> update emp set sal = 4000;
SP2-0544: Command "update" disabled in Product User Profile
But, we forget how clever Scott is. With a marginal amount
of PL/SQL knowledge at his disposal, he can still perform the update.
SQL> begin
2 update emp set sal = 4000;
3 commit;
4 end;
5 /
PL/SQL procedure successfully completed.
SQL> select count(*) from emp where sal = 4000;
COUNT(*)
----------
14
In this approach, you would have to disable PL/SQL along with
the specific commands (DML in this case). The downside to this approach is that
no updates can be performed, which is obviously too restrictive.
Even if there were a way to force (or check) a WHERE clause
into the user’s statement via some auto-magical feature, with the assumption
that a WHERE clause is going to filter the data set being manipulated, there
exists a simple workaround to this as well. All a user has to do to validate
the WHERE clause checking mechanism is to use a construct such as WHERE 1=1 or
where the clause always evaluates to being true/valid.
Replication
If you’re willing to throw money at prevention, standby
database or Data Guard may be suitable, although they really are not preventative
measures at all. What they do provide is a time delay. Nothing stops the user
from issuing an incorrect DML statement, and once issued, it is a time bomb
waiting to go off in the replicated database. Along this line of steps you can
take is flashback technology, but again, you have to know about the situation
in a timely manner because even with flashback, there is a time limit as to
when recovery is no longer possible.
Triggers
Speaking of recovery, yes, there is always that option, and
the point in time to which you can recover is dependent upon your choice of
archiving. But again, this does nothing to prevent the statement in the first
place. Digging deeper into our bag of tricks, what about triggers? Let’s try a
“stop delete” trigger.
create or replace trigger stop_delete
after delete on emp
declare
v_cnt number;
v_rows number;
begin
dbms_output.put_line('Trigger fired');
select num_rows into v_rows
from user_tables
where table_name = 'EMP';
dbms_output.put_line('v_rows is '||v_rows);
select count(*) into v_cnt
from emp;
dbms_output.put_line('v_cnt is '||v_cnt);
if v_rows > v_cnt then
RAISE_APPLICATION_ERROR (-20001,'Missing where clause');
rollback;
end if;
end;
/
The trigger code compiles with no warnings, and here is what
happens after issuing a DELETE statement without a WHERE clause.
SQL> delete from emp;
Trigger fired
v_rows is 14
v_cnt is 0
delete from emp
*
ERROR at line 1:
ORA-20001: Missing where clause
ORA-06512: at "SCOTT.STOP_DELETE", line 16
ORA-04088: error during execution of trigger 'SCOTT.STOP_DELETE'
There are a couple of things to look at before considering
this for widespread usage in a system. First, there is a requirement to have
statistics report the actual number of rows in a table. For a very large table,
this means pretty much abandoning sampling.
The second and more interesting part of this trigger has to
do with why a mutating table error was not raised. If you presume that a basic
feature of triggers is that you cannot look at the table upon which a trigger is
based, then why did the above DELETE attempt not raise the mutating error
(ORA-04091)? If that is your presumption (which is similar to interchanging
database and instance at times), then that needs to be clarified a bit. Does
this error occur at the row level or statement level? Or was it not raised
because when the SELECT statement against EMP was in scope, there were no
changes being made to data at that time (i.e., the SELECT statement sees the
table AFTER the changes have been made). In other words, nothing was mutating
or changing when the count of EMP took place.
Materialized view
So with statistics, we at least have a viable approach to
preventing mass deletes, but it raises the problem of keeping statistics in
sync with the number of rows within the target table. Instead of statistics,
use a materialized view. You’ll have the overhead of maintaining the MV, and
you may have to account for some sloppiness in terms of the number of records
in the MV versus those in the table. One way to get around comparing exact
numbers is to settle for a percentage change. If the DELETE statement impacts
more than 50% of the rows (or whatever threshold value you want to use), then a
ratio test using v_cnt/v_rows can be employed. Granted, this is not perfect,
but you do at least avoid a 100% change.
What about the UPDATE scenario? This requires a little more
sophistication where the counts of some convenient attribute (such as
LAST_UPDATED_DATE) are compared. The chance that all records in a table would
be updated in the same day (across multiple user sessions) is probably quite
small, but to be sure, insert a sentinel record with a date so far off from
what users would be looking for that if the sentinel record’s last updated date
is not the set date, then you know that it was errantly updated, and that is
what you could base the trigger on.
Use views
Views are another line of defense, especially if they are
key-preserved, but also keep in mind that unless they are read only (and again,
keep in mind we are trying to minimize the impact on users), even a simple view
supports DML on a table. The EMP_V view which is simply SELECT * from EMP
allows a global delete. (Note: the delete trigger from before has been
dropped.)
SQL> create view emp_v as select * from emp;
View created.
SQL> delete from emp_v;
14 rows deleted.
Use an external data source
Finally, another option is to boot users out of Oracle and
force them to use a connection from another source, and if the WHERE clause
test passes in the other system, allow the DML to take place in Oracle. An
example of the WHERE clause checks for UPDATE and DELETE are shown in this
article from MSSQLTips.
It would mean duplicating data, or at the least, refreshing data on the
external RDBMS. But then again, these are somewhat invasive measures designed to
prevent users from doing untold damage, albeit inadvertently.
In Closing
If widespread, but unintended data changes are taking place
due to frequent user error, the best line of defense is to keep users from
being able to update or delete all rows in one fell swoop. Application control
can be employed, thereby limiting changes to one, or somewhat more than one,
record at a time. Bulk updates or deletes can be managed via verified script
testing. Other options may exist for you, such as placing triggers on tables,
but there may be a noticeable performance hit if you have to count records each
and every time a larger table is having its data manipulated. Preventing global
changes can be a complex problem. If you cannot implement any of the possibilities
presented in this article, then be sure to stay on top of your backup and
recovery skills because sooner or later, the “unintended global change event”
is going to visit you.
»
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Steve Callan
Steve Callan
Steve Callan
Steve is an Oracle DBA (OCP 8i and 9i)/developer working in Denver. His Oracle experience also includes Forms and Reports, Oracle9iAS and Oracle9iDS.
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Wikipedia talk:Featured article candidates/Painted turtle/archive1
Resolved comments from Sasata
* Lead
* link Louisiana, subspecies, sexual maturity, trapping (animal), habitat loss, road kill, Oregon, British Columbia
* Done subspecies, sexual maturity, trapping (animal), habitat loss and roadkill. Regards, SunCreator (talk) 18:19, 8 January 2011 (UTC)
* Louisiana, Oregon, British Columbia - overlinking perhaps? Regards, SunCreator (talk) 18:19, 8 January 2011 (UTC)
* Maybe, maybe not. I don't really know where Louisiana or Oregon are (i.e. I couldn't point them out on a blank map), so I'd have to type them in the search box to know for sure. In the taxa articles I work on, I usually avoid linking countries or oceans (i.e. really major geographical locations that any semi-educated person in the world would/should know), but link to geographical divisions smaller than that. Your call though. Sasata (talk) 00:33, 10 January 2011 (UTC)
* "… frequently consumed by rodents, canines and snakes; but as an adult …" if a semicolon is being used, the word "but" is not required
* Changed to "Although they are frequently consumed as eggs or hatchlings by rodents, canines, and snakes, the adult turtles' hard shells protect them from most predators except alligators and raccoons." Malleus Fatuorum 18:39, 8 January 2011 (UTC)
* fall->autumn to appease UK & European readers
* Done.--NYMFan69-86 (talk) 22:44, 8 January 2011 (UTC)
* "Only in Oregon and British Columbia is there danger of losing range." sounds awkward
* Changed to "Only in Oregon and British Columbia is its range in danger of being encroached upon". Malleus Fatuorum 18:37, 8 January 2011 (UTC)
* …name the painted turtle as official reptile." pipe link to List of U.S. state reptiles (otherwise, I can image a European reading that sentence and saying "official reptile", wtf?)
* Done Regards, SunCreator (talk) 18:19, 8 January 2011 (UTC)
* in the taxobox, species should be given as C. picta
* Done. Regards, SunCreator (talk) 17:43, 8 January 2011 (UTC)
* why aren't the subspecies names (bolded subheadings) in the collapsible box italicized?
* Done italicized now. Regards, SunCreator (talk) 18:34, 8 January 2011 (UTC)
* Taxonomy and Evolution
* link family
* Family Emydidae linked, although this could now possibly be WP:OVERLINKed situation. Regards, SunCreator (talk) 17:43, 8 January 2011 (UTC)
* Sorry, I should have been more specific, I meant link the term family; seems like a worthwhile link as this article is (at least partially) about a genus, so it makes sense to link to the taxonomical construct contained by it. Sasata (talk) 00:33, 10 January 2011 (UTC)
* Done, I may need to reword this sentence slightly though because we have two wlinks next to each other.--NYMFan69-86 (talk) 01:19, 10 January 2011 (UTC)
* "… generally but not perfectly the family of small freshwater turtles." I know what it's trying to say but it sounds awkward
* I removed it and reworded the sentence, should read better now.--NYMFan69-86 (talk) 22:49, 8 January 2011 (UTC)
* make sure there's non-breaking spaces in the short-form bi- and trinomials to prevent ugly line wraps
* Done for all 'C.' and 'C. p' occurrences. Regards, SunCreator (talk) 20:00, 10 January 2011 (UTC)
* "C.p. marginata" this one has no spaces, the others do
* Done. All "C. p. subspecies" Regards, SunCreator (talk) 18:30, 8 January 2011 (UTC)
* "…the painted turtle was given its current taxonomic name by John Edward Gray in 1844." Referring to the binomial as a "taxonomic name" seems odd to me, haven't heard of it expressed that way before. Wouldn't it be more accurate to indicate that Gray transferred it to the genus Chrysemys? (technically the name stayed the same)
* Sort of had to dance around it, changed to "...the painted turtle was first called Chrysemys picta by John Edward Gray in 1844.[7]"--NYMFan69-86 (talk) 23:12, 8 January 2011 (UTC)
* Schnieder->Schneider?
* Done Regards, SunCreator (talk) 17:08, 8 January 2011 (UTC)
* "The painted turtle's genus name" -> generic name (but link to genus if you're worried people might not know what generic means in this context)
* Done and I chose to link (anyone can remove the link if they want though, I'm not hard set on it).--NYMFan69-86 (talk) 22:52, 8 January 2011 (UTC)
* link species name
* Doing so would create circular redirect as article is about species, same issue with genus as only species. Regards, SunCreator (talk) 17:43, 8 January 2011 (UTC)
* Sorry, again I should have been clearer: I was suggesting to link the term species name :) Sasata (talk) 00:33, 10 January 2011 (UTC)
* Now that's funny. Done. :-) NYMFan69-86 (talk) 01:16, 10 January 2011 (UTC)
* be consistent when giving the etymology: sometimes the English meaning is in quotes, sometimes not
* They seem to be consistent now, not sure if someone changed them.--NYMFan69-86 (talk) 02:24, 9 January 2011 (UTC)
* the successive "came from" is repetitive… change one to "derives from" or similar
* Changed to "The painted turtle's genus name is derived from ... the species name comes from ...". Malleus Fatuorum 18:46, 8 January 2011 (UTC)
* link common name, Nebraska, Kansas (remember, not all readers are from the US)
* I don't know about linking states (I would have to link all of them if I did these two). And, for another turtle article, I was told not to by Sandy, so I'll leave them unlinked for now.--NYMFan69-86 (talk) 22:59, 8 January 2011 (UTC)
* "In 1964, based on measurements of the skull and feet, the three genera were merged into one, but measurements in 1967 contradicted this." Once again, I know what the text is trying to say, but it seems to be expressed awkwardly. Who merged the genera (source?) What did the measurements contradict, the merging of genera, or the original measurements? Who performed the contradictory measurements? (source?)
* Clarified all this a bit, let me know what you think.--NYMFan69-86 (talk) 01:59, 9 January 2011 (UTC)
* "In the same year, J. Alan Holman pointed out that" What year, 1964 or 1967? Who is this Holman guy?
* Added year (in parenthesis), will put a little bit on Holman.--NYMFan69-86 (talk) 23:43, 8 January 2011 (UTC)
* Added a bit more on Holman, also included his paper in the citation. --NYMFan69-86 (talk) 00:01, 9 January 2011 (UTC)
* I have since made it a separate citation.--NYMFan69-86 (talk) 00:09, 9 January 2011 (UTC)
* link crossbreed
* Done. Regards, SunCreator (talk) 20:37, 8 January 2011 (UTC)
* "In the 1980s, studies of turtles' cell structures, biochemistries, and parasites further indicated that Chrysemys, Pseudemys, and Trachemys should remain in separate genera." I'm not sure it needs to go in the article, but as a scientist I'd be interested in knowing what was different from these genera at the cellular level.
* The original source goes no deeper into this, but it is interesting (what could really be that different about the cells?)--NYMFan69-86 (talk) 03:07, 9 January 2011 (UTC)
* Ernst might have a citation and we could do a cited by type thing, so at least reader has the original ref. Probably don't want to go into the detail more.TCO (talk) 03:46, 9 January 2011 (UTC)
* link Mississippi River
* Not done. Would be overlinking. Regards, SunCreator (talk) 17:43, 8 January 2011 (UTC)
* Ok. Now where's that map ... Sasata (talk) 00:33, 10 January 2011 (UTC)
* link hybridized
* Done. Regards, SunCreator (talk) 17:43, 8 January 2011 (UTC)
* In the following section, we have a link to "Integradation" where hybridization is discussed. Is this alright (having both links in one article and using them interchangably)?--NYMFan69-86 (talk) 00:17, 9 January 2011 (UTC)
* In the second instance, I'd take intergrade out of parentheses and leave out hybridize. If one wishes, one can follow the link learn how hybridization defines the concept of intergradation (or you could include that parenthetically here). Sasata (talk) 00:33, 10 January 2011 (UTC)
* "… across the Mississippi.[18][16]" a minor point, but refs should be in numerical order
* Done. Regards, SunCreator (talk) 18:30, 8 January 2011 (UTC)
* "Based on a mitochondrial DNA study" pipe link to more specific mitochondrial DNA rather than mitochondria
* Done.--NYMFan69-86 (talk) 22:56, 8 January 2011 (UTC)
* glancing downward at the refs, they need to be go through with a fine tooth comb, eg:
* *page ranges need an endash, not hyphen
* Done, by another editor. Regards, SunCreator (talk) 18:30, 8 January 2011 (UTC)
* should be consistent with capitalization of reference titles. Personally, I like title case for books and sentence case for journal articles, but you're welcome to your own style, as long as it's consistent.
* I've (we've), just been using the capitalization the source used (some go with "Painted Turtle," others "Painted turtle," should we be basing our citations on our preferences rather than the article name?--NYMFan69-86 (talk) 23:25, 8 January 2011 (UTC)
* I think we should be consistent at this end. For the user, it's not going to make any difference to them in finding the article if the binomial is italicized or not, or if the capitalization is different.
* full citation info not always given, e.g. current ref #16 (Bleakney 1958) doesn't give volume, issue, or page #'s (hint: go to JSTOR site, and click on "+ show full citation" for this info). Also consider giving JSTOR url as well; if you do, indicate
* I redid this citation, is the JSTOR URL something different than the regular URL used http://www.jstor.org/stable/3889448? Also, that "show full citation" thing is beautiful!--NYMFan69-86 (talk) 23:25, 8 January 2011 (UTC)
* JSTOR url is the same thing. Almost done, but the full page range is needed, not just the first page, and there appear to be extra spaces in the publication date (also in some other refs as well). Also, all journal names should definitely be in title case, but some aren't now, eg. #77 and 78. Sasata (talk) 00:33, 10 January 2011 (UTC)
* Are there others like this?--NYMFan69-86 (talk) 00:42, 9 January 2011 (UTC)
* The spacing looks like that because of the dashes (which I'm doing wrong and don't know how to correct). I've added the full page range now. And the two Jackson sources (77 and 78) should read "Hibernating Without Oxygen: Physiological Adaptations of the Painted Turtle," not "Hibernating without oxygen: physiological adaptations of the painted turtle?"--NYMFan69-86 (talk) 18:59, 11 January 2011 (UTC)
* current ref #19: some names are given as "last, first" while others are "first, last", and there's also "first. last" in the mix too. Latin binomial should be italicized in the article title. PDFs don't need acccess dates.
* Ref#19(now#20) last, first and Chrysemys picta italicized done. Regards, SunCreator (talk)
* Access dates from PDF references removed. Regards, SunCreator (talk)
* sometimes pp. is given when it should be p. (and vice versa)
* Fixed. Malleus Fatuorum 19:06, 8 January 2011 (UTC)
* I could go on, but I think you catch my drift. The devil's in the details. Once again, I haven't yet commented about the content—the presentation needs some work. Sasata (talk) 07:28, 8 January 2011 (UTC)
* I read the rest of the article and it seemed to be much more polished than the first two sections we discussed. I made some small changes myself, please review and check I haven't messed things up. A few minor things: Sasata (talk) 19:21, 10 January 2011 (UTC)
* "They favor shallows that contain dense vegetation and have an unusual toleration of pollution." Needs rewording, sounds like they like water that is pollution-tolerant
* I would agree if we were missing "have an an unusal toleration" in the sentence. But as written, this is a new verbal phrase, only "they" carries over (not favors). But feel free to repeat the they and add a comma and make into a clause.TCO (talk) 21:19, 10 January 2011 (UTC)
* The obvious solution is to switch the two parts of the sentence around, which I've done: "They have an unusual tolerance for pollution and favor shallows that contain dense vegetation". Malleus Fatuorum 20:30, 11 January 2011 (UTC)
* wondering about the linking in the predators section. Why are, for example, garter snake and osprey worthy of links whereas catfish and groundhogs aren't?
* We linked the uncommon animals. This is discussed in a hidden comment and in article talk page. But for discussion here, the intention is to link words sparingly, where we think the reader might really need to leave the article, or really want to. And in general we don't want him to have to open a gazillion windows. Over use of blue terms reduce reading speed and make the articles more of a slog. This is discussed in guidance. WE ARE BETTER for not overlinking. Also, putting blue term next to blue term is a no-no since it's hard for reader to see a difference (gets a mass of blue). However, if we want to list ALL the predators, rather than the deliberate decision that we made, we should convert the whole thing to a table or three column list (pretty listy anyhow).TCO (talk) 21:19, 10 January 2011 (UTC)
* w-linked catfish and groundhogs. Regards, SunCreator (talk) 21:00, 10 January 2011 (UTC)
* Catfish!? Overlinking. TCO (talk) 21:19, 10 January 2011 (UTC)
* why are the three snakes in italics?
* Scientific names was previous used. Now corrected. Regards, SunCreator (talk) 21:00, 10 January 2011 (UTC)
* "The young turtles grow rapidly, sometimes doubling in the first year, with the fastest growth rate while the smallest." awkward
* I'm not resisting, but I don't get the problem.TCO (talk) 21:19, 10 January 2011 (UTC)
* You have to think twice what it's saying "fastest growth rate while the smallest", fastest growth at first. Changing sentence to "The young turtles grow rapidly at first, sometimes doubling in the first year." Regards, SunCreator (talk) 22:30, 11 January 2011 (UTC)
* "Painted turtles over 40 years old have been found in the wild." How do they determine age? Were they tagged in the late 1960s or is there some morphological character that changes with age?
* It's a cool question, but I wonder if we need to address the methods used or can trust the source. I think they have growth rings, but would have to research it (saw that somewhere tangentially). We do point to a lot of review and even primary science so likely that we are giving the readers tools to pursue this sort of thing. (like parasite, biology, etc. stuff from the 80s)TCO (talk) 21:19, 10 January 2011 (UTC)
* Belay my last. Google web search came up with popular sites saying the growth rings are not accurate. And that sorta fits with my dim memory as they were talking about trying to use turtle rings for climate info (I kid not), but they didn't sound too hopeful. And dendroclimatology is hard enough, although usually you can at least resolve rings well. I donno about the 40. We would have to research it independently or via our own ref (probably need the ref to the ref). It's not out of possiblity that they were marked turtles. They've been marked since at least Bishop in the 30s. Or maybe they swagged it somehow without exact resolution. Screw it, I will go fire up the Google (is my friend) Scholar. ;-)TCO (talk) 21:51, 10 January 2011 (UTC)
* OK, here are a couple references:, . Both by Gibbons who is a big name in this field and has been an advocate for turtles and the dangers in overcapturing from long-lived populations. First I can only read first page of as don't have access. Second is "free". Reading it, seems that the growth rings work better than normal on picta but above 10 years, get more tricky. HAve to rely on marking turtles and recapturing. Cagle (1939) discusses a method of marking scutes (btw, same method was used by Gamble in his very recent work, basically they drill into the poor things' shells).
* Let me know if you want the 40 years checked to find specifics on that study. Also if you want some of the primarly literature covered. It is kind of a cool concept and gets some play on popular sites ("how can you tell the age of your turtle"), so we could expand the thought and throw a couple sourced sentences in. BTW, there is an implication of the turtle long livedness wrt their capture by humans. Basically, turtles don't replenish themselves well and kinda rely on a lot of olde functional individuals. If you cull them too hard, you can drop the population down hard. Turtles aren't like deer or rabbits. Our daughter page on Capture discusses this some with citations to the key general turtle papers. We also have the picta papers (Gamble basically) cited in our article but don't really go into the whole long lived aspect explicitly. It's really more of a big deal for snappers or the species that have slower sexual maturity. TCO (talk) 22:18, 10 January 2011 (UTC)
* Here is another paper (see p 6 and 7) that seemed relevant. They do age estimation from growth rings for younger ones; for older ones, they use some other shell measurements and some regression model ("in publication" :-)). P.s. There's actually a huge primary literature on picta. They are so common and easy to study. Although we've kind of gone pretty deep off the reservation into the primary literature, sometimes as needed and other times because we got a "hair", there was still some desire to not have to redo every aspect of Ernst or other (good) review work. TCO (talk) 00:13, 11 January 2011 (UTC)
* "US federal law prohibits sale or transport of any turtle less than 4 inches" convert units?
* Yes, now done. Regards, SunCreator (talk) 21:00, 10 January 2011 (UTC)
* this source "Potawatomi oral tradition". Milwaukee Public Museum. http://www.mpm.edu/wirp/ICW-137.html. needs to be made more informative; if you check the bottom of the cited page, it says "(Adapted from Alanson Skinner, “The Mascoutens or Prairie Potawatomi Indians, Part III, Mythology and Folklore,” Milwaukee Public Museum Bulletin 6[3]:327-411.)"; this should be indicated in the citation
* I've added a full citation onto the one we originally had (the two separate ones form a single citation).--NYMFan69-86 (talk) 21:20, 14 January 2011 (UTC)
* make sure all outgoing links to JSTOR have appended to them. I added one, but will leave the rest to you (the article is big and it's an annoyingly long time for me to edit/save changes)
* Done.--NYMFan69-86 (talk) 20:35, 14 January 2011 (UTC)
* ensure all links to PDFs have the parameter "format=PDF" somewhere in the citation template
* We were advised by another reviewer here NOT to do that, as the wiki already automatically displays an icon. Prefer not to duplicate. Also we need that field for a few references where I needed a parenthetical for alternate purpose. Agree with all the rest...and the darned Pottowami thing was in there a while ago (must have gotten pruned when we fed everything through templates). The view of endnotes inline in text in edit window is just strange...MS Word has managed to not do that for at least 15 years. In general, I find text editing on wiki very clunky compared to just writing a paper.
* Well, you'd be missing out on the full FAC experience if you didn't have conflicting suggestions from reviewers! I've always been told to indicate PDF in the format parameter, and I see there's another current FAC where the same request has been made. Maybe Fifelfoo could explain his position? Sasata (talk) 18:45, 14 January 2011 (UTC)
* Well I'm sorry someone made you put the words in, but it doesn't make sense for the reader, given they get the icon, to add the comment as well. As soon as Fifelfoo noted that, I agreed. We are not just doing it because of 'foo but to have best work product for the customer. Would do same in future. I mean we don't add a "(url)" after the Internet link, but allow the color blue to be a guide. So there's a case where we rely on something iconic. And if someone reads the code (and I think most read text not code), then it has a pdf extension anyhow. Do you really see a good reason for adding all those pdfs back in so reader sees that point twice? TCO (talk) 02:24, 15 January 2011 (UTC)
* Nope, I was just hoping someone would explain to me why it's done around here so I could understand the rationale for it :) Sasata (talk) 16:30, 17 January 2011 (UTC)
* watch out for double fullstops (e.g. current ref 65…Garrett, P.; Berry, J.. Highways…" A search for ".." will quickly help to locate and eliminate them
* Removed.--NYMFan69-86 (talk) 20:45, 14 January 2011 (UTC)
* definitely not a requirement, but for future articles, please consider using list-defined references… it's a beautiful thing for citation dense articles like this! Sasata (talk) 16:49, 14 January 2011 (UTC)
* This is neat. It would be pretty drudge work to go back and change everything to this style in this article (you said it, citations are dense), but I will definitely implement this in the future. Thank you. :-)--NYMFan69-86 (talk) 02:31, 15 January 2011 (UTC)
It's a very thorough go through, honest, kudos man. And we should probably act on 80% of your suggestions. Some like linking Mississippi are definitely off (that's actually a specific example of overlinking in the MOS). Some of the answers to things you are curious on (or that a reader might be, like who is Holman, are adequately addressed by the reference if the reader wants to go further). But yeah, very thorough go through. And lots of good points. I am the type to go through with a lot of examples also, and I appreciate your ripping into it the same.
I kinda resent the summary judgment of "unpolished" as frankly I think most of wiki (including FAs) is pretty unpolished and tries to act smart rather than be smart. I almost wonder if people feel safer, the more turgid something is.
So I don't get it here. I'm definitely not some verbalist from the New Yorker (or even from the NYT). But I at least aspire to be like them or appreciate them for what they are. And every paper I've written in peer-reviewed science was accepted without revision, something my advisor, with 150 papers, had never seen once. So I must have some ability. And I polished that thing as best I know for logic and style. That said, maybe I am just pushing something wiki doesn't want. I don't get the feeling from others here that I get when working with a company communications expert or a magazine editor or the like (except Tony1 and Mall...they rock). Or maybe I'm wrong and I just don't know how to polish things. In which case, I doubt I will learn as I'm not really seeing things that make me say "aha", that's what I should do to get the wood on the leather. I would have to be too stupid (or biased) to even see the better way.
Good luck. I really wish the best for my young colleagues, who have a lot of work and heart and sweetness. And for the picta article. And wiki an wiki reviewers. And, especially, the many readers who use the wiki and don't ever edit, but who put this place at its lofty Google rank. — Preceding unsigned comment added by TCO (talk • contribs) 08:10, 8 January 2011
* Glad to see you here Sasata! Thank you. It's not a NYMFan69-86 production without you giving it at least a glance. :-P I'll get right on these (seems like I'm a little late if I wanted to have first crack though!).--NYMFan69-86 (talk) 22:46, 8 January 2011 (UTC)
* Seems like you've assembled a good team to work on the article! Don't worry, I'll be back with more later ;-) Sasata (talk) 22:55, 8 January 2011 (UTC)
* Oh yes, at one point we had about six or seven editors actively adding content. And I'm not worried (...or maybe I should be). :-)--NYMFan69-86 (talk) 23:06, 8 January 2011 (UTC) | WIKI |
Talk:Karakash River
A Commons file used on this page or its Wikidata item has been nominated for deletion
The following Wikimedia Commons file used on this page or its Wikidata item has been nominated for deletion: Participate in the deletion discussion at the. —Community Tech bot (talk) 02:40, 9 June 2020 (UTC)
* China Xinjiang location map.svg
Photo likely misidentified
The current photo is likely not of Karakash River. I made a location estimate because the image has been used for Aksai Chin. If my location estimate is correct, the river in the photo is instead Yarkand River. --Voidvector (talk) 21:32, 3 July 2020 (UTC)
* I was able to confirm my location estimate of that photo using vlogs by a group of Chinese cyclists, see notes in the image itself for detail. Since the image is of Yarkand River, I have removed it from this page. --Voidvector (talk) 06:27, 4 July 2020 (UTC)
* I did find a free Flickr photo -- File:Karakash River IMG 3396.jpg -- but it is kind of bad. --Voidvector (talk) 07:12, 4 July 2020 (UTC)
* I've cropped out the guy's holiday gear. Perhaps better. Toddst1 (talk) 22:44, 3 June 2021 (UTC) | WIKI |
Four ways to overcome the universal speed limit
When albert Einstein first established that light travels with same speed in our Universe, it is, in fact, set the speed limit on 299 792 458 meters per second. But this is not the end. Actually this is only the beginning. To Einstein's mass — the atoms that you, me and everyone around up. and the energy was treated as a separate variable. But in 1905, Einstein forever changed the way physical perception of the Universe.
The special theory of relativity bound mass and energy together in a simple but fundamental equation E=mc^2. This little equation means that no mass can't move as fast as light or faster.
The closest mankind has come to the limit of the speed of light in powerful particle accelerators like the Large hadron Collider and Tevatron. These enormous machines accelerate subatomic particles to 99.99% the speed of light, but, as explained by Nobel laureate in physics David gross, these particles never reach the cosmic speed limit.
This would require an infinite amount of energy, and the mass of an object would become infinite, which is impossible. (Particles of light photons can move at the speed of light because mass does not have).
After Einstein, physicists have discovered that some values can reach sverhloyalnoy (or superluminal) speeds and continue to abide by the cosmic rules established by the special theory of relativity. Although this does not disprove Einstein's theory, it gives us an insight into the peculiar behavior of light, and quantum space.
The light equivalent of a sonic boom When objects move faster than the speed of sound, they create a sonic boom. Thus, in theory, if something moves faster than the speed of light, it should produce something like a "light strike".
In fact this light impact occurs daily around the world — it can even be seen with eyes. It is called Cherenkov radiation (Cherenkov effect — Vavilov) and looks like a bluish glow inside the nuclear reactor (in the picture below of the Advanced test reactor).
Cherenkov radiation is named after Soviet scientist Pavel Alekseyevich Cherenkov, who first measured it in 1934 and was awarded the Nobel prize in physics in 1958 for his discovery.
Cherenkov radiation glows because the core of the reactor submerged in water for cooling. In water light travels slower, its speed is 75% of the speed of light in the vacuum of space, but electrons, which are generated during the reaction inside the nucleus, moving in the water faster than light.
Particles such as the electrons, which are superior in the speed of light in water or any other medium like glass, creating a shock wave similar to a shock wave from a sonic boom.
When the rocket, for example, passes through air, it generates a pressure wave in front of him, pushing the air at the speed of sound, and the closer the missile breaking the sound barrier, the less time the waves to get away from the path of the object. Reaching the speed of sound, the rocket smallive waves together, creating a shock front, which leads to a powerful sound punch.
Similarly, when electrons move through water faster than the speed of light in water, they generate a shock wave of light that occasionally glows blue, but can glow in ultraviolet light.
Although these particles move faster than light in water, but in reality they do not violate the cosmic speed limit of 300,000 km/s.
When the rules are not taken into account
Do not forget that the special theory of relativity says that nothing with mass can not move faster than the speed of light; and how physics can say, the universe follows that rule. But how about the fact that without mass?
Photons, by their nature, can not surpass the speed of light, but particles of light — is not the only massless things in the universe. Empty space contains no material substance and therefore has no mass, by definition.
"Because nothing can be more empty than the vacuum, it can expand faster than light because no material object does not violate the light barrier, — says astrophysicist-theorist Michio Kaku. — Thus, an empty space can certainly move faster than light".
Physicists believe that it happened immediately after the Big Bang in the epoch of inflation, which was first suggested by physicists Alan Guth and Andrei Linde at the 1980s. For the trillionth trillionth of a second, the universe doubled in size and as a result has expanded exponentially very quickly, much higher than the speed of light.
Quantum entanglement cuts corners Quantum entanglement seems difficult and frightening, but in the simplest sense, the confusion is just a way of interacting subatomic particles. And what is most interesting in this phenomenon is the fact that this process can take place faster than light.
"If two electrons to keep close enough, they will begin to vibrate in unison, in accordance with quantum theory. Then, if you divide these electrons by hundreds or even thousands of light years, they will still communicate with each other. If you shake one electron, the other will immediately feel the vibration, the speed of light. Einstein thought that this phenomenon should disprove quantum theory because nothing can move faster than light".
But in 1935, Einstein, Boris Podolsky and Nathan Rosen tried to disprove quantum theory in the course of a thought experiment, which Einstein called "spooky action at a distance".
Ironically, their work formed the basis of the so-called EPR paradox (Einstein — Podolsky — Rosen), which describes this instant communication in the process of quantum entanglement. This, in turn, can serve (and gradually down) the basis of many advanced technologies such as quantum cryptography.
Dreams of a wormhole
Because nothing with mass can not move faster than light, you can say goodbye to interstellar travel — at least in the classic sense, missiles and conventional operations.
Although Einstein and buried our dreams of deep space with his special theory of relativity, he gave us new hope for interstellar travel with his General theory of relativity in 1916.
While the special theory of relativity "marries" mass and energy, the General theory regarding the ganging together of time and space.
"The only possible way to overcome the light barrier may be hidden in the General theory of relativity and the curvature of space-time — says Kaku. Is the curvature we call a "wormhole", and it could theoretically allow us to travel great distances instantly, literally piercing through the fabric of space-time."
In 1988, physicist Kip Thorne was a scientific consultant and producer of the film "interstellar" — have used the equations of General relativity to predict the possible existence of wormholes, which would open the way for us in space. But in his case this Krotov holes required were strange exotic matter that would support them in the open.
"Today is an amazing fact that exotic matter can exist, thanks to the strange laws of quantum mechanics," writes Thorne in his book "the Science of "Interstellar".
And this exotic matter can ever be created in laboratories on Earth, though in small quantities. When Thorne proposed his theory of a stable wormhole in 1988, he called on the community of physicists to help him determine whether in the universe to exist quite exotic substances to make the existence of wormholes is possible.
"It has generated a lot of research in the field of physics; but today, thirty years later, the answer is still unclear, writes Thorne. As long as everything goes to the fact that the answer is "no", but We are far from the final answer." published
Source: hi-news.ru
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New and interesting | ESSENTIALAI-STEM |
Kickapoo language
Kickapoo (Kickapoo: Metotheeneniaatoweeheni) is either a dialect of the Fox language or a closely related language, closely related to, and mutually intelligible with, the dialects spoken by the Sauk people and Meskwaki people. Their language is included in the Central Algonquian languages subgroup of the Algonquian languages family, itself a member of the Algic languages family.
In 1985, the Kickapoo Nation's School in Horton, Kansas, began a language-immersion program for elementary school grades to revive teaching and use of the Kickapoo language in kindergarten through grade 6. Efforts in language education continue at most Kickapoo sites.
In 2010, the Head Start Program at the Kickapoo Traditional Tribe of Texas reservation, which teaches the Kickapoo language, became "the first Native American school to earn Texas School Ready! (TSR) Project certification." Despite these efforts, there are no children who are first-language users of Kickapoo, as they choose to speak English instead.
Also in 2010, Mexico's Instituto Nacional de Antropología e Historia participated in the elaboration of a Kickapoo alphabet. The Kickapoo in Mexico are known for their whistled speech.
Texts, recordings, and a vocabulary of the language are available.
The Kickapoo language and members of the Kickapoo tribe were featured in the movie The Only Good Indian (2009), directed by Greg Wilmott and starring Wes Studi. This was a fictionalized account of Native American children forced to attend an Indian boarding school, where they were forced to speak English and give up their cultural practices.
Consonants
Eleven consonant phonemes are used in Kickapoo:
* The voiceless sounds can sometimes be voiced as [,, , , , ].
* in word-initial position can also be aspirated as.
* can also be pronounced as.
* Glides /, / may also be heard as non-syllabic vowels [].
* can be pronounced as in fast speech.
Vowels
The eight vowel sounds in Kickapoo are: short and long.
* Sounds, can also be phonetically heard as allophones and can be heard as.
Writing system
A Kickapoo alphabet was developed by Paul Voorhis in 1974 and was revised in 1981. A new orthography is used by the Kickapoo Language Development Program in Oklahoma. | WIKI |
Wikipedia:Articles for deletion/Brig (C++ libraries)
The result was delete. -- RoySmith (talk) 03:57, 28 December 2018 (UTC)
Brig (C++ libraries)
* – ( View AfD View log Stats )
No indication of notability. I'm not sure how exactly notability would be established for this (probably no one is writing news articles about open-source C++ libraries), but the only reference is a primary source. Jc86035 (talk) 12:17, 6 December 2018 (UTC)
* Note: This discussion has been included in the list of Software-related deletion discussions. XOR'easter (talk) 18:45, 6 December 2018 (UTC)
Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, Ifnord (talk) 03:26, 13 December 2018 (UTC) Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, Sandstein 09:33, 20 December 2018 (UTC)
* Delete Unknown library, repo seems to have died with google code, I can't find an alternative anywhere. In fact, I can't find anything about it at all. User seems to be trying to advertise their stuff, including some other "bark" library in their user space. Isa (talk) 01:56, 21 December 2018 (UTC)
* I didn't even notice that; the author's only 28 edits are to this article and their sandboxes, and almost no one else has ever edited the article. It definitely looks like advertising. Jc86035 (talk) 07:37, 22 December 2018 (UTC)
* Delete WP:NOTPROMO, WP:NOTMANUAL, WP:V, WP:N, choose any three. Bakazaka (talk) 23:04, 27 December 2018 (UTC)
| WIKI |
The Difference Between Caustic & Baking Soda
by Kate Onissiphorou
Both caustic soda and baking soda are basic or alkaline inorganic compounds, and their aqueous solutions have pH levels above 7.0. Despite these similarities, there are some important differences between them.
The word ‘soda’ typically connotes the image of a bubbling sweet beverage. In soda drinks, carbon dioxide is added to a water mix and sealed under pressure. The carbon dioxide reacts with water to form carbonic acid, which then dissociates into carbonate ions (CO3-2) and bicarbonate ions (HCO3).
Baking soda also produces bicarbonate ions, while caustic soda produces hydroxyl ions. As the name suggests, caustic soda is corrosive and is capable of dissolving or decomposing substances such as organic tissue.
Is baking soda the same as caustic soda?
Although baking soda and caustic soda are both alkaline substances that have pH levels above neutral, they are chemically distinct from each other.
Sodium bicarbonate – otherwise known as baking soda – has the chemical formula NaHCO₃. Meanwhile, caustic soda is also called sodium hydroxide and its chemical formula is NaOH. Crucially, baking soda is non-toxic while caustic soda is toxic. Glass jar of baking soda with spoon
What is caustic soda?
Caustic soda is the common name for sodium hydroxide. It’s classified as a strong base because its molecules completely dissociate into anions and cations when dissolved in water. Compared to baking soda, it’s highly corrosive and toxic. ReAgent's caustic soda
Sodium hydroxide is commonly used as an ingredient in detergents, drain cleaners, and oven cleaners. It’s also used in manufacturing paper to make fibrous pulps from wood cellulose. It can dissolve organic materials and living tissue, causing serious injuries.
Sodium hydroxide is also highly hygroscopic, meaning that it easily absorbs moisture in the air.
What is baking soda?
Baking soda, or sodium bicarbonate, is commonly used to bake bread, cakes, and pastries. It helps the dough rise by releasing carbon dioxide, which forms bubbles in the mixture. As the bubbles form, the dough expands and spaces are then left behind when the dough is baked.
Baker sprinkling flour on dough before kneading it into bread
Baking soda is non-toxic and can be easily broken down into simpler chemical constituents. At a temperature starting at 80°C, it begins to decompose into three simpler compounds – sodium carbonate, water, and carbon dioxide. The decomposition accelerates as the temperature increases.
2 NaHCO3 → Na2CO3 + H2O + CO2
The release of carbon dioxide during this decomposition process means sodium bicarbonate can be used to extinguish fires. In fact, it’s the main active ingredient in pressurised fire extinguisher tanks.
Is baking soda caustic?
Baking soda, no matter how concentrated, has a relatively low pH and is considered a weak base. As a weak base, baking soda is not capable of dislodging hydrogen ions (protons) from other compounds.
It dissociates into sodium and bicarbonate ions when dissolved in water. Unlike hydroxyl ions, the bicarbonate ions do not readily accept protons, which makes baking soda non-caustic.
Are caustic soda and baking soda the same thing?
Although caustic soda and baking soda are both alkaline substances and have similar names, they aren’t the same thing. For starters, they have different chemical formulas and properties. One is toxic while the other is non-toxic and can be used as a food ingredient.
Due to the high reactivity of sodium, caustic soda requires a lot of energy (such as that of an electrical current) to be decomposed or chemically changed. Baking soda, however, requires only a relatively low temperature to be decomposed. Although the latter also contains sodium, one of its products of decomposition is water. This makes it easier for sodium to partner with free hydroxyl ions in water.
Baking soda is typically in powder white form at room temperature. In contrast, caustic soda is flaky white and tends to be ‘wet’ at room temperature because it easily absorbs moisture. Caustic soda flakes in a black ceramic bowl
Its hygroscopic properties make it less than ideal for use in standard solutions because the pH level can be easily skewed by the presence of moisture in the air. Caustic soda is also too reactive to be sufficiently stable as a standard solution.
Can I use baking soda instead of caustic soda?
Whether or not you can use baking soda as a replacement for caustic soda depends on the context or purpose. For example, you can use baking soda to neutralise acids. You can also use it in titration experiments.
However, you can’t use baking soda as a replacement for caustic soda if you want to produce strong detergents and cleaning agents because it doesn’t have the same protonation effect.
In most cases, baking soda and caustic soda are not interchangeable. Their chemical and physical properties are so different that one cannot be an effective substitute for the other.
At ReAgent Chemicals, we sell caustic soda in a range of concentrations. Visit our online shop today to buy caustic soda from one of the UK’s leading chemical manufacturers.
Disclaimer
The blog on chemicals.co.uk and everything published on it is provided as an information resource only. The blog, its authors and affiliates accept no responsibility for any accident, injury or damage caused in part or directly from following the information provided on this website. We do not recommend using any chemical without first consulting the Material Safety Data Sheet which can be obtained from the manufacturer and following the safety advice and precautions on the product label. If you are in any doubt about health and safety issues please consult the Health & Safety Executive (HSE). | ESSENTIALAI-STEM |
Introduction to Bash: Part I
This will be my little into to bash for anyone that needs it. It’s broken up into two sections. The first of which is limited to just the basic commands and text manipulation. If you need to learn to use the terminal for a class or for work, this should be all you need to get through it. The second section will deal more with scripting. You may not need to learn it, but it’ll make your life a lot easier, so don’t skip it....
October 18, 2020 · 10 min · Mark Topacio
diagram.net
It’s taking me a while to come up with any progress on my project management app. I’ve been splitting up my time between scripting something for work and another data visualization project for Halloween. Since I don’t have anything to update as of yet, I thought I’d throw out a few reviews. The first of which is for diagrams.net, or formerly known as draw.io. I definitely cannot recommend this application enough....
October 14, 2020 · 2 min · Mark Topacio
Plotting Authorization Attempts
I was trying to figure out a data set to use to create examples with Bokeh when I thought of trying to visualize failed attempts to scrape my web server. When I first opened up my network to the outside, I noticed a lot if incoming requests from random locations in my logs. From what I could find, this was weirdly normal. There are apparently bots constantly probing the internet, trying to find vulnerable endpoints....
September 23, 2020 · 16 min · Mark Topacio
bashrc
Since I threw out an example of my Vim customizations, I thought I’d take a step back and talk about .bashrc. This is basically just a shell script that gets executed everytime you start a terminal session. It’s not really necessary for your system, but customizing this file goes miles in making your workflow more efficient. Environmental Variables You can use bash to customize your prompt, which is that small string you get before your cursor....
September 20, 2020 · 4 min · Mark Topacio
Vim
Vim is the editor I always come back to. I’ve tried other IDE’s; however, I tend to always come back to Vim because of it’s super useful from the command line and it’s easy to implement my configs if I need to work on a virtual server. This is just a quick rundown of some of the shortcuts I usually use and what I usually end up changing after a fresh install....
September 20, 2020 · 6 min · Mark Topacio | ESSENTIALAI-STEM |
User:Bendiviolet
There's a few things I'm very interested in and a lot of things I'm a little interested in. I like to browse at random, making edits where I feel I can; there's also a few things I make more of an effort to work on (one of which isn't this page, which I should take the time to design properly. One day). | WIKI |
Page:History of Greece Vol VI.djvu/332
310 HISTORY OF GREECE. than Leukas, and in its present exhausted state, inspired less fear: but the displeasure arising from the former refusal of Demosthenes had probably never been altogether appeased, nor were they sorry to find an opportunity of mortifying him in a similar manner. In the distribution of the spoil, three hundred panoplies were first set apart as the perquisite of Demosthenes : the remainder were then distributed, one-third for the Athenians, the other two- thirds among the Akarnaniau townships. The immense reserve, personally appropriated to Demosthenes, enables us to make some vague conjecture as to the total loss of Ambrakiots. The fraction of one-third, assigned to the Athenian people, must have been, we may imagine, six times as great, and perhaps even in larger proportion, than the reserve of the general : for the latter was at that time under the displeasure of the people, and anxious above all things to regain their favor, an object which would be frustrated rather than promoted, if his personal share of the arms were not greatly disproportionate to the collective claim of the city. Reasoning upon this supposition, the panoplies assigned to Athens would be eighteen hundred, and the total of Ambra- kiot slain, whose arms became public property, would be five thousand four hundred. To which must be added some Ambra- kiots killed in their flight from Idomene by the Amphilochians, in dells, ravines, and by-places : probably those Amphilochians, who slew them, would appropriate the arms privately, without bring- ing them into the general stock. Upon this calculation, the total number of Ambrakiot slain in both battles and both pursuits, would be about six thousand : a number suitable to the grave expressions of Thucydides, as well as to his statements, that the first detachment which marched to Olpae was three thousand strong, and that the message sent home invoked as reinforce- ment the total force of the city. How totally helpless Ambrakia had become, is still more conclusively proved by the fact 1 hat the Corinthians were obliged shortly afterwards to send by land a detachment of three hundred hoplites for its defence. 1 The Athenian triremes soon returned to their station at Nau- 1 Thucyd. iii, 114. Diodorus (xii, 60) abridges the narrative of Thu | WIKI |
Cutter Hodierne
Cutter Shepard Hodierne (born October 27, 1986) is an American filmmaker best known for winning the Grand Jury Prize at the 2012 Sundance Film Festival for his short film, Fishing Without Nets, and for winning the Directing Award at the 2014 Sundance Film Festival for a feature version of the same film.
Early life
Hodierne was born in 1986 in San Francisco, California, to journalist Alicia Shepard and Robert Hodierne, winner of the Pulitzer Prize Gold Medal for Meritorious Public Service in 1981 for a series on Brown Lung Disease that afflicted textile workers, earned as part of the team at the Charlotte, N.C. ....and today a professor of Journalism at the University of Richmond.
Just before his birth, his parents sold everything they owned, quit their jobs, and bought a 32-foot "cutter-rigged" sailboat, after which he was named.
Hodierne was raised in Arlington, Virginia, where he graduated from H-B Woodlawn in 2005. He briefly attended Emerson College in Boston, but dropped out after two semesters to focus on filmmaking.
Career
While still in high school, Hodierne gained local attention for producing a documentary about Wakefield High School basketball team's unlikely state-championship run. After dropping out of Emerson less than a year later, he began directing short films and music videos full-time in the Washington, D.C., area, including the TV special and music video The Party Roll for Chuck Brown.
In 2009, at age 22, Hodierne was hired as U2's on-the-road documentary filmmaker for the band's U2 360° Tour. After the tour, he travelled to Kenya with co-producers John Hibey and Raphael Swann to direct a fictional short film about Somali piracy in the Indian Ocean called Fishing Without Nets. The film premiered at the 2012 Sundance Film Festival, where it won the Grand Jury Prize in Short Filmmaking.
In 2014, Hodierne returned to Sundance, winning the Directing Award in the U.S. Dramatic Competition for a feature film version of Fishing Without Nets produced and financed by Vice. This was the company's first fictional film. It was released by 20th Century Fox and VICE Films in October 2014.
Hodierne directed the 2024 thriller film Cold Wallet.
Hodierne lives in Los Angeles. | WIKI |
A deeper look at new wealth tax proposal from Elizabeth Warren | TheHill
Senator Elizabeth WarrenElizabeth Ann WarrenHarry Reid: 'Decriminalizing border crossings is not something that should be at the top of the list' Warren offers plan to repeal 1994 crime law authored by Biden Panel: Jill Biden's campaign message MORE of Massachusetts, a prominent candidate for the 2020 Democratic presidential nomination, recently proposed a wealth tax on the 75,000 American households that have net worth greater than $50 million. The annual tax rate would be 2 percent for most of the affected taxpayers, with a 3 percent rate on those with net worth above $1 billion. Compared to the top income tax rate of 37 percent, or the 70 percent top tax rate recently proposed by another prominent Democrat in Congress, tax rates of 2 percent or 3 percent appear quite low. But appearances are deceiving. The proposed tax rates are actually very high. The first thing to note is that they are not just 2 percent or 3 percent. They are 2 percent or 3 percent each year. Wealth taxes operate differently from income taxes because the same stock of money is taxed repeatedly year after year. Under a 2 percent income tax, an investor pays taxes each year equal to 2 percent of income that year, and similarly pays taxes each decade equal to 2 percent of income that decade. In stark contrast, a wealth tax is cumulative. Under a 2 percent wealth tax, an investor pays taxes each year equal to 2 percent of his or her net worth, but in the end pays taxes each decade equal to a full 20 percent of his or her net worth. To understand whether wealth tax rates are high or low, it is helpful to convert them into equivalent income tax rates, which are more familiar and easier to understand. Consider a taxpayer who holds a long term bond with a fixed interest rate of 3 percent each year. Because a 2 percent wealth tax captures 67 percent of the interest income of the bondholder makes each year, it is essentially identical to a 67 percent income tax. The proposed tax raises the same revenue and has the same economic effects, whether it is called a 2 percent wealth tax or a 67 percent income tax. A 67 percent income tax is clearly a high tax rate. The tax rate is no less high when it is relabeled as a 2 percent wealth tax each year. Changing labels does not change reality. The 3 percent wealth tax that Warren has proposed for billionaires is still higher, equivalent to a 100 percent income tax rate in this example. The total tax burden is even greater because the wealth tax would be imposed on top of the 37 percent income tax rate. These basic points also apply to investors who hold risky investments rather than safer fixed rate bonds. Although the wealth tax would be less burdensome in years with high returns, it would be more burdensome in years with low or negative returns. It would be lighter on investors who earn high returns due to monopoly power or special skills, although the relatively lenient treatment of those investors has economic drawbacks. No matter how high the tax rates are, the very affluent households that are targeted in the proposal could certainly afford to pay them. Furthermore, the high rates make the tax a more powerful instrument to break up the concentration of wealth in the United States. On the other hand, the high rates make the tax a drain on the pool of American savings. That effect is troubling because savings finance the business investment that in turn drives future growth of the economy and living standards of workers. These issues, and others raised by the wealth tax proposal from Warren, should be thoroughly explored. The starting point in that exploration must be a clear understanding of the high tax rates outlined in this new plan. Alan D. Viard is a resident scholar with the American Enterprise Institute, where he studies federal tax and budget policy. He previously served as an economist at the Federal Reserve Bank of Dallas, the White House Council of Economic Advisers, and the United States Joint Committee on Taxation. View the discussion thread. The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc. | NEWS-MULTISOURCE |
User:Alienorgy69
Alienorgy69 is a screen name created in 1999 by, then, a teenager. Throughout the years it has remained a propagation and a pseudonym for his internet dealings. Only through myspace, youtube, or Gawker media sites will the original show himself. Anyone else with such a screen name is not Alienorgy69.
He's involved in several internet projects including The Trouble Section, and The 80 Proof Show. Both of which he's involved in only with supplemental material. He is neither a director nor producer and as such, his involvement is only secondary. | WIKI |
Was Atea Pharmaceutical's Flop Predictable?
This month, as Merck (NYSE: MRK) moves forward with an Emergency Use Authorization in the U.S. for its oral antiviral for COVID-19, Atea Pharmaceuticals (NASDAQ: AVIR) stock saw a significant drop. Unfortunately, investors are unlikely to see the small-cap biotech replicate Moderna's success as the next COVID-19 underdog success story after news of its negative clinical trial.
Let's explore what caused Atea's drop and how biotech investors should examine their future investments.
image source: Getty Images.
Did timing and trial design predetermine outcomes?
In order to begin, one must compare the Merck and Atea trials. Both examined patients with mild to moderate COVID-19 that were initially well enough to be treated at home outside of the hospital. In the Merck trial, having at least one underlying risk factor associated with worse clinical outcomes was a requirement to be enrolled, whereas about one-third of Atea's trial had patients had no underlying health issues. Atea included vaccinated patients in its trial, whereas the mega pharma did not enroll vaccinated patients.
Looking at the trial designs, the inclusion of risk factors was right there for all of us to see the entire time. And while vaccine status was not disclosed, at the initiation of Merck's trial, on Oct. 5, 2020, there were no approved vaccines. The vaccine rollout had just begun when Atea started its trial on Jan. 14, 2021. Knowing this in retrospect, is it any wonder that Merck, with an unvaccinated and more at-risk patient population, was more likely to generate a positive outcome? With forward-thinking and trial design by the experienced team at Merck, it was able to optimize molnupiravir's chances for success.
Endpoints matter
Being a phase 2 trial, Atea used reduction in viral load as an endpoint. The endpoint we all ultimately care about, the frequency of complications related to COVID-19, was a secondary endpoint. Kudos to the company for this patient-centered secondary endpoint. Merck's phase 3 trial went with one of the most patient-oriented primary outcomes there is: hospitalization or death within 29 days due to all causes. Who cares if you survive the virus only to die of drug toxicity, right? This is ultimately low-hanging fruit when evaluating a trial; if it's not a patient-centered outcome, I'd toss it from the watch list.
Let's look at a different company that has come under fire for its therapy and clinical trials: Biogen (NASDAQ: BIIB) and its Alzheimer's disease treatment, Aduhelm. Certain types of buildup in the brain of a protein called beta-amyloid is believed to play a role in the disease. And Biogen actually demonstrated that Aduhelm was able to reduce the amount of beta-amyloid buildup. Great news, right? Except that phase 3 trials were terminated because the drug failed to slow cognitive and functional decline in Alzheimer's patients.
Despite its approval, clinicians have seemed to agree with an overwhelmingly negative Food and Drug Administration advisory committee that recommended against Aduhelm to hit the market. The controversial therapy has generated only $300,000 this past quarter. This is far below the $12 million analysts were expecting, at least partially because clinicians feel that there is next to no benefit for the drug but there are other potential downsides. Ultimately, just because something works in a test tube does not mean it works in humans; keep this in mind the next time a small-cap pops but lacks a patient-oriented endpoint.
So where does this leave Atea?
Atea has a rather bare cupboard beyond its SARS-CoV-2 program. It does have a hepatitis C treatment in phase 2 trials, which currently shows as an eight-week trial. Unfortunately, this does not significantly differentiate the product from AbbVie's Mavyret, which sold $442 million in the most recent quarter and also uses an eight-week treatment period. I'm not particularly hopeful about the hepatitis C franchise given that the company did not even include it on a slide in its most recent earnings call.
However, Atea does have over $800 million in cash and cash equivalents as of the end of June. While its COVID-19 hopes may have been dashed, it does have one other program in clinical trials -- a phase 1 program for dengue fever. The total addressable market globally for dengue is currently at $500 million annually and is expected to reach over $3 billion by 2028. With that much cash on hand and a sizable potential market, this beaten-down biotech might be able to thrive in a few years despite the AT-527 saga, if the dengue fever therapy can get off the ground. But it could take a lot more than a phase 1 program for Atea to turn things around.
Fundamentals of biotech research
This current trial failure with Atea should serve as an example. It's possible a company can learn from its blunders but investors must know how to maneuver in these situations, especially if this is the worst-case scenario. When a company is going all-in on one particular program (in this case, COVID-19), it is high-risk, high-reward.
There are a few ways to minimize the risks, though. First, drugs with patient-centered outcomes will be more likely to be approved and prescribed by the medical community. Secondly, if investors had looked at the timing of trials and exclusion criteria for these antivirals, in retrospect it becomes clear that Atea was unlikely to come close to Merck's results. And finally, biotech investors should develop a checklist that at a minimum includes a review of the pipeline and clinical trials prior to owning shares in any biotech company.
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Patrick Bafuma has no position in any of the stocks mentioned. The Motley Fool owns shares of and recommends Atea Pharmaceuticals, Inc. The Motley Fool recommends Biogen and Moderna Inc. The Motley Fool has a disclosure policy.
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 |
=head1 NAME charset - filter messages based on the given charset of the Content-Type =cut use Qpsmtpd::ContentType; use Qpsmtpd::DSN; =head1 DESCRIPTION This plugin uses the B module and looks in the I header for the I parameter. If it matches one given in the B config file it will act on it. =head1 CONFIG The plugin takes no arguments. It reads the charset, a return code (which must be a vaild return code from I) and an optional message from the B config file. =head1 EXAMPLE This is an example B config file. iso-2022-jp DENY Charset iso-2022-jp not accepted here shift-jis DENY Charset shift-jis not accepted here koi8-r DENY Charset koi8-r not accepted here GB2312 DENY Charset GB2312 not accepted here big5 DENY Charset big5 not accepted here Charset names are case insensitive and any ``_'' will be replaced by a ``-''. =head1 HINTS Don't DENY an "us-ascii" charset, as this is the default for messages without a I header (see RFC 1521). =cut sub hook_data_post { my ($self, $transaction) = @_; my %charsets; # let's see if some other plugins have parsed the Content-Type # header before us my $ct = $transaction->notes('Content-Type'); unless ($ct) { # no? ok, remember it for the following plugins my $ct_head = $transaction->header->get('Content-Type'); $ct = Qpsmtpd::ContentType->parse($ct_head); $transaction->notes('Content-Type', $ct); } ## XXX: Don't enable until you're 110% sure I made no mistake ## in the Qpsmtpd::ContentType module AND you just get broken ## Content-Type headers from spam only sources (which is quite ## unlikely) # return Qpsmtpd::DSN->media_unsupported(DENY, # "Malformed Content-Type header: ".$ct->error) # if $ct->illegal; if ($ct->type eq 'text') { my $cset = lc $ct->param('charset'); $cset =~ tr/_/-/; my %cs = map { split ' ', $_, 2; } $self->qp->config('charsets'); foreach my $k (keys %cs) { $charsets{lc $k} = $cs{$k}; $charsets{lc $k} =~ tr/_/-/; } return (DECLINED) unless exists $charsets{$cset}; my ($code, $msg) = split ' ', $charsets{$cset}, 2; $code = uc $code; if ($code eq 'OK' || $code eq 'DECLINED' || $code eq 'DONE') { return (DECLINED); } my $ret = Qpsmtpd::Constants::return_code($code); unless (defined $ret) { $self->log(LOGWARN, "Unknown return code $code..."); return (DECLINED); } return Qpsmtpd::DSN->media_unsupported($ret, ($msg || 'Content-Type denied')); } return (DECLINED); } # vim: ts=4 sw=4 expandtab syn=perl | ESSENTIALAI-STEM |
Călin Cristian Moldovan
Călin Cristian Moldovan (born 10 July 1981) is a Romanian former football goalkeeper. | WIKI |
Page:Blanchard on L. E. L.pdf/139
Rh, though unavailingly, exercised for their accomplishment, there can be no hasty or indiscriminate condemnation.
The completion of her "Drawing-room Scrapbook," and the fulfilment of other minor engagements, occupied all her literary time until the period of her marriage, and her consequent departure for the African shores.
, the lady with whom L. E. L. had resided in Hans'-place, after the retirement of the Misses Lance, removed, in 1837, to Upper Berkeley-street, Connaught-square, West.
Just previous to her leaving Hans'-place, L. E. L. experienced a world of domestic trouble; but it was of no very heart-rending kind; at least the account which she gave of it is not at all in her pathetic style. The reader may judge for himself—and of her good spirits when on the eve of quitting the old house which had been her home so long.
"Do you, my dear Mr. Blanchard, know any person in want of a 'young woman, sober, honest, and good tempered,' 'would not object to waiting on a single gentleman?' If you do, for mercy's sake recommend me. For the last fortnight I have been qualifying for the situation. Everybody has been ill and in bed but myself; one servant gone home, the other turned out at a moment's notice for too great devotion to 'ardent spirits,' and we | WIKI |
Bonjour Sleep Proxy
From Wikipedia, the free encyclopedia
(Redirected from Wake on demand)
Jump to navigation Jump to search
Apple's Bonjour Sleep Proxy service is an open source[1] component of zero configuration networking, designed to assist in reducing power consumption of networked electronic devices.[2] A device acting as a sleep proxy server will respond to Multicast DNS queries for another, compatible device which has gone into low power mode. The low-power-mode device remains asleep while the sleep proxy server responds to any Multicast DNS queries.[2]
When the sleep proxy server sees a query which requires the low-power-mode device to wake up, the sleep proxy server sends a special wake-up-packet ("magic packet") to the low-power-mode device. Finally, communication parameters are updated via Multicast DNS and normal communications proceed.[2]
Apple Inc. describes the service as Bonjour Sleep Proxy in their support documents.[3] The service supports the Wake on Demand feature, first offered in Mac OS X Snow Leopard.[4]
Details[edit]
Address resolution protocol[edit]
The sleep proxy service responds to address resolution protocol requests on behalf of the low-power-mode device:[2]
When a sleep proxy sees an IPv4 ARP or IPv6 ND Request for one of the sleeping device's addresses, it answers on behalf of the sleeping device, without waking it up, giving its own MAC address as the current (temporary) owner of that address.
This may appear confusing to network administrators who are not expecting the behaviour of changing MAC addresses.
Wireless magic packet[edit]
In case the low-power-mode device is communicating via Wi-Fi, the wake-up-packet is sent via Wireless Multimedia Extensions (WMM).[4] This was not possible in previous implementations of Wake on LAN (WoL). The wireless hardware must be updated enough to include WMM support.[4] Apple provides instructions for checking compatibility with this feature for Macintosh computers.[3]
Supported services and examples[edit]
The sleep proxy service is able to advertise any Bonjour-supported services, while the host computer sleeps. Some examples of supported services are:[3]
• File sharing: a host supporting the sleep proxy service, which offers file services, may go to sleep as needed. When someone needs to access shared files, the host will wake up automatically.
• iTunes library sharing: the computer hosting the iTunes library may go to sleep, and will automatically wake when someone wishes to browse the iTunes library from a different PC.
• Printer sharing: a printer may be connected and shared from a computer supporting sleep proxy service. The computer can go to sleep when not in use, but will wake when needed to service a print job being sent from a different computer.
• SSH: a computer offering SSH access may go to sleep, and awaken via the sleep proxy service when an SSH login is initiated.
• Desktop sharing: similar to above examples.
Troubleshooting[edit]
Stuart Cheshire has a page describing steps for troubleshooting Sleep Proxy Service.
Implementations[edit]
Implementations on a local area network can be seen with Bonjour Browser.
References[edit]
1. ^ Note: see mDNSResponder source code at www.macosforge.org, which includes a full implementation of the DNS-SD/mDNS Sleep Proxy Service, available under the Apache 2.0 Open Source license.
2. ^ a b c d Marc Krochmal (2010-03-23). "Internet Draft: draft-cheshire-dnsext-multicastdns-11". Apple Inc. Retrieved 2010-05-30.
3. ^ a b c d e f "Mac OS X v10.6: About Wake on Demand (Apple Article HT3774)". Apple. 2009-08-27. Retrieved 2009-09-15. Setting up Wake on Demand", "Setting up a Bonjour Sleep Proxy
4. ^ a b c Glenn Fleishman (2009-08-28). "Wake on Demand lets Snow Leopard sleep with one eye open". Macworld.com. Retrieved 2009-09-15. How it works", "Energy Saver preference pane
5. ^ Apple Inc. Worldwide Developers Conference (WWDC) 2009, Session 508, Zero Configuration Networking Using Bonjour"Archived copy" (PDF). Archived from the original (PDF) on 2009-08-06. Retrieved 2009-09-15.CS1 maint: Archived copy as title (link)
External links[edit] | ESSENTIALAI-STEM |
Food Addiction: How to Know if You Have a Problem
Is it possible to be addicted to food? Here's why the addiction starts, who is most at risk, and how it can be overcome.
Michelle’s Story
It was the first date in nearly a decade for 30-year-old Michelle*. At more than 300 pounds, she was excited that someone found her attractive. But the guy turned out to be a complete jerk, and the night a total disaster. “Halfway through dinner, he started asking about my friend,” she recalls. But it was what he said next that is burned into her memory. “He said, ‘I saw a picture of you when you were thin and beautiful. What happened?'” Michelle snuck out while he was in the bathroom and took a cab home, humiliated and devastated.
Soon afterwards, Michelle joined Overeaters Anonymous to make sense of a lifetime of food habits gone wrong: At the age of eight, she ate stolen food in her cottage bedroom as other children splashed outside; in her 20s, she’d order takeout from two places and pray they didn’t arrive at once.
But it was around age 27, when a private detective tracked down her biological family, also obese, that Michelle learned where her insatiable appetite came from. “I didn’t inherit the fat, because when I eat normally I weigh normally, but inherited something else,” she says. “The stop mechanism that lives inside of normal people doesn’t live inside of me.”
If Michelle’s thinking sounds familiar, it’s because it’s a classic description of addiction. If Michelle were guzzling vodka or gambling compulsively, doctors would call it a disease and offer specific support. If she were to confess all of the above to her doctor, though, she’d likely be diagnosed with binge eating disorder or compulsive overeating, but not an addiction. (Here are reasons you may be overeating.)
“Generally, the medical profession disregards this and says it’s doesn’t even exist,” says Dr. Vera Tarman, author of Food Junkies: The Truth About Food Addiction. Many doctors consider it a psychological compulsion rather than a physical addiction, she says. But recognizing it for what it is would go a long way to treating it, says Dr. Tarman, who has dealt with addiction from both sides as a recovering food addict herself, and as the medical director of Renascent, an addictions treatment centre in Toronto. “Binge eating disorder and addiction are fundamentally different, and treatment is fundamentally different,” says Dr. Tarman. In this case, labels matter in a big way.
Is the addiction to food or eating?
Studies on food addiction, meanwhile, are as split as they are sensational: “Oreos May Be As Addictive As Cocaine,” read a 2013 Time headline after one study found that cookies activated significantly more neurons than cocaine or morphine in the pleasure centre of the brains of rats.
Another study, reported in The American Journal of Clinical Nutrition, revealed that human brains behaved similarly when reward centres went into overdrive for high-sugar chocolate milk (compared to less sweet, calorically identical milkshakes).
On the other hand, newer research from an international team of scientists studying the neurobiology of eating behaviour, addiction and stress has not shown strong evidence for a chemical addiction to food. These researchers propose that food addiction is a misnomer and eating addiction is a better description of a behavioural compulsion to eat.
Is the addiction caused by a hormone imbalance?
Still, anecdotal evidence to the contrary is convincing. In food recovery since 2004, Dr. Tarman believes her addiction to sugar and white flour is no different than others’ to crack cocaine. Chemically, the brain is performing the same balancing act: when it comes to dopamine, the feel-good hormone associated with anticipation that surges when you think of love or your favourite song or cheeseburgers, and serotonin, the neurochemical that makes you calm, satisfied and content enough to put down your fork. Excess dopamine or insufficient serotonin causes insatiable cravings—wants are too great and rewards are too few.
Mike’s Story
And then there’s the story of Mike MacKinnon, a 48-year-old, health-conscious, personal trainer from Mississauga, ON. “I’m a recovered alcoholic and addict in general, and I promise you my food addiction was way worse than anything else,” he says. “When I ingest wheat, flour or sugar, it creates this phenomenon of craving that I can’t stop.” (Here are signs you’re eating too much sugar.)
MacKinnon was “clean,” as he calls it, for one year and three months when he succumbed to a bite of sourdough bread at The Keg. He finished the bread, ordered another basket and ate that, too, plus three desserts. Then, in the middle of the night, he got out of bed and headed to 7-Eleven for junk food. “My typical binges included a 12-slice pizza, a bag of cookies and eight chocolate bars,” he says.
How many Canadians are suffering from this addiction?
Without a term for diagnosis, experts can only speculate the scope of this problem. We can look to obesity rates (about 6.3 million Canadians, based on 2012 data), but that doesn’t provide an accurate picture since not all obese people are food addicts, nor are all addicts obese. (Like MacKinnon, some go through a continuous cycle of gaining and losing weight.) Dr. Tarman estimates that five percent of the general population and 30 to 40 percent of the obese population are food addicts.
As with all eating disorders, women are disproportionately affected. “Men tend to go for alcohol, women for food,” says Dr. Tarman. Already largely the domain of women, food is a very acceptable addiction. It’s also legal, affordable, available and conveniently delivered to your doorstep.
But we all overeat sometimes—Thanksgiving, anyone?—and most of us eat emotionally, too. Should we be worried we’re on the path to addiction?
“For me, food addiction is when you start to display addictive behaviours,” says Dr. Tarman. “If you become secretive about food, if you hide food for later, if you eat differently in public than you do in private.” If food starts to control your life, it’s a problem. (Here are signs you have a sugar addiction.)
How can food addicts receive treatment?
For Canadians looking for more information or guidance, Dr. Tarman recommends reading up on the issue, investigating a local chapter of Overeaters Anonymous, or seeking a private counsellor or reputable online community such as GreySheeters.
“We have more information about this than we ever have,” says Martha Peirce, a private counsellor and therapist in Hagersville, ON, who specializes in food addiction. And Peirce believes healthcare practitioners are slowly coming around, pointing to the 1st Annual Food Addiction Conference, sponsored by the University of Massachusetts Medical School, where substance abuse treatment professionals, mental health counsellors, physicians and psychologists met to learn the latest science on food addiction, discussing proper diagnosis and treatment options for patients. (Read how one woman lost over 300 pounds.)
With new learning and awareness comes solutions and, more importantly, support for tough life choices such as abstinence, which is key to kicking any addiction.
This is the path that both Dr. Tarman and Mike MacKinnon find themselves on, practising an abstinence model by avoiding all sugar, wheat and trigger foods. (Here’s how to have a good relationship with junk food.)
It’s Michelle’s journey, too. Now down 160 pounds, Michelle is committed to a strict 1,800-calorie-a-day diet. (Here’s how many calories you should eat in a day.) But every day is a struggle. Unlike other addictions, such as alcohol or cigarettes, you can’t walk away from food completely. Your body requires it, every few hours of every day. That means you’re always dancing with the devil, always being tempted. If there were more research and recognition of food addiction, there could be more support for those addicts who risk relapse at every breakfast, lunch and dinner.
Is practicing abstinence from “trigger foods” necessary for full recovery?
The first step in Food Addicts in Recovery Anonymous (FA) begins with the admission of being powerless over food, just as alcoholics do with booze in the original 12-step program. Modelled after Alcoholics Anonymous, FA was founded in West Palm Beach, Florida, in 1987 and follows the tenents laid out in the Alcoholics Anonymous book, first published in 1939. FA claims a total membership of about 4,000 worldwide.
What sets FA apart from its sister organization, Overeaters Anonymous (OA), is a call for complete abstinence from sugar, wheat and all forms of flour, which the program defines as trigger foods for all addicts. OA, on the other hand, works in broader strokes, calling on members to resist their compulsions and personal triggers without restricting specific foods. This appeals to those who don’t solely identify as addicts or who are grappling with complex food issues. (OA services bulimia, anorexia and binge eating, in addition to compulsive overeating.) (See if cheat meals are good or bad for weight loss.)
So, how helpful are these programs? According to Michelle, who attended OA meetings for years, the road to recovery requires the support of other addicts. “The only thing that can get a food addict clean is someone like-minded who can say, ‘I’m like you; I’ve been there,'” she says.
Ready to attend a meeting?
There are Canadian chapters of OA and FAA across the country, as well as online resources for both programs.
*Name has been changed.
This story was originally published in Best Health magazine, May 2015.
Next, learn how one woman overcame her food addiction with the help of Overeaters Annonymous. | ESSENTIALAI-STEM |
Google Translate warns of apocalypse in bizarre 'end times' message
The end of the world may be near, if a Christian numerologist is to be believed.
Fears of an imminent apocalypse have been sparked by a mysterious warning from Google Translate. The language-translation app is telling users that we&aposre "approaching the end times" – and no one&aposs quite sure why. Typing the word "dog" into Google Translate and translating from Yoruba (a West African language) to English spits out the exact same word, "dog". But type "dog" 22 times in a row and a sinister message appears instead. " Doomsday Clock is three minutes at twelve," it begins. "We are experiencing characters and a dramatic developments in the world, which indicate that we are increasingly approaching the end times and Jesus&apos return." Click on The Sun for more. | NEWS-MULTISOURCE |
CORDIS - EU research results
CORDIS
IONIC Liquid Mediated Synthesis of Zeolite-Supported Metal Oxide Based CATalysts for Converting CO2 to Dimethyl ether
Objective
Making dimethyl ether (DME) from hydrogenating CO2 has attracted great interest as DME is a good propellant, coolant and clean fuel. This process can break the thermodynamic restriction that exists for methanol synthesis from CO2 and improve the conversion of main greenhouse gas.
The synthesis of well-controlled shapes of solid materials in nano-size using ionic liquid (IL) solvents has received tremendous attention by taking advantage of their extraordinary properties. However, the remarkably high viscosity, which makes dispersing the support into the IL a major challenge, has limited their usage to the synthesis of un-supported nanoparticles. As an MSCA fellow, I will receive crucial training at KU Leuven and will work on developing a novel process for the synthesis of supported non-precious metal catalyst using IL. I will synthesize two generations of supported catalysts using novel synthesis procedures. I will produce the one-pot generation (OPG) catalyst by one-pot synthesis of support (zeolite) and metal oxide, whereas the well-structured generation (WSG) catalyst will be made by synthesizing zeolite using the IL as a co-solvent. For the OPG catalyst, both support and metal oxide will be synthesized simultaneously, while for the WSG catalyst, the IL that is used in zeolite synthesis will be re-used to engineer the metal oxide shape. Interestingly, to date the structure sensitivity of the CO2 hydrogenation to methanol and its coupling to DME has not been investigated. I will implement the new catalyst methodology to enhance the catalytic activity and selectivity of CO2 conversion to produce DME and establish synthesis-structure-activity relations.
Coordinator
KATHOLIEKE UNIVERSITEIT LEUVEN
Net EU contribution
€ 191 760,00
Address
OUDE MARKT 13
3000 Leuven
Belgium
See on map
Region
Vlaams Gewest Prov. Vlaams-Brabant Arr. Leuven
Activity type
Higher or Secondary Education Establishments
Links
Total cost
No data | ESSENTIALAI-STEM |
On the number of edges in colour-critical graphs and hypergraphs
A. V. Kostochka, M. Stiebitz
Research output: Contribution to journalArticlepeer-review
Abstract
A (hyper)graph G is called k-critical if it has chromatic number k, but every proper sub(hyper)graph of it is (k-1)-colourable. We prove that for sufficiently large k, every k-critical triangle-free graph on n vertices has at least (k-o(k))n edges. Furthermore, we show that every (k+1)-critical hypergraph on n vertices and without graph edges has at least (k-3/3√k)n edges. Both bounds differ from the best possible bounds by o(kn) even for graphs or hypergraphs of arbitrary girth.
Original languageEnglish (US)
Pages (from-to)521-530
Number of pages10
JournalCombinatorica
Volume20
Issue number4
DOIs
StatePublished - 2000
ASJC Scopus subject areas
• Discrete Mathematics and Combinatorics
• Computational Mathematics
Fingerprint
Dive into the research topics of 'On the number of edges in colour-critical graphs and hypergraphs'. Together they form a unique fingerprint.
Cite this | ESSENTIALAI-STEM |
3
I'm new to Craft and I'm trying to achieve the following with a Craft Plugin
A user visits my site and can input a zip code to receive the corresponding contact person's name, phonenumber and image. I want to develop a plugin which allows the admin to create the contact person entries in the backend and which handles the ajax request by getting the right contact person form the database.
So for example, the user sends the zip code 54343, an ajax request with that data is sent, the plugin queries the database, converts the result into a json-string and sends the ajax response back.
I'm afraid I have no idea how to start.
How do I create the table and import the data? (There is a CSV document) Where do I send the ajax request to? What structures of a Craft plugin do I need?
I'd really appreciate your help.
1
• 1
This question covers a lot of ground: creating plugins, structuring plugins, creating custom tables, ajax loading content, importing data, etc. You may need to break this up into more specific questions. Oct 28 '14 at 17:48
5
It's actually quite easy and you don't really need json or a plugin to do it. If you really need it as a plugin, then that's a whole different thing that would need a separate answer.
In your search template file:
<div id="contacts"><!-- results will get inserted here. --></div>
<form id="find-contact-form" data-url="/contacts">
<label for="zip">Zip Code</label>
<input type="text" name="zip">
<!-- submits form data via post to 'data-url' attribute -->
<input type="submit" value="Find Contacts"/>
</form>
In your search template javascript file (make sure to include jquery):
$(function() {
$('#find-contact-form').submit(function(event) {
event.preventDefault();
var data = $(this).serialize();
var url = $(this).attr('data-url');
$.post(url, data, function(result) {
$('#contacts').html(result);
}, 'html')
.fail(function() {
//console.log("error");
});
});
}
In your contacts.html template:
{% if craft.request.isAjax %}
{% set zip = craft.request.getParam('zip') %}
{% if zip %}
{% set contacts = craft.entries.section('contacts').zip(zip) %}
{% if contacts|length %}
{% for contact in contacts %}
<img src="{{ contact.image.first.url" }}"><br>
{{ contact.firstName }} {{ contact.lastName}}<br>
T {{ contact.telephone}}<br>
{% endfor %}
{% else %}
No contacts found with the zip {{ zip }}.
{% endif %}
{% endif %}
{% endif %}
You can also use that same template for your normal contacts page. Just use the clause {% if not craft.request.isAjax %}Put my full page content here.{% endif %}. In fact, the search page can just submit to itself using this technique.
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Page:The poems of Edmund Clarence Stedman, 1908.djvu/140
POEMS OF NEW ENGLAND To have her with me there alone,—
'T was love and fear and triumph blended.
At last we reached the foot-worn stone
Where that delicious journey ended.
The old folks, too, were almost home;
Her dimpled hand the latches fingered,
We heard the voices nearer come,
Yet on the doorstep still we lingered.
She shook her ringlets from her hood
And with a "Thank you, Ned," dissembled,
But yet I knew she understood
With what a daring wish I trembled.
A cloud passed kindly overhead,
The moon was slyly peeping through it,
Yet hid its face, as if it said,
"Come, now or never! do it! do it!"
My lips till then had only known
The kiss of mother and of sister,
But somehow, full upon her own
Sweet, rosy, darling mouth,—I kissed her!
Perhaps 't was boyish love, yet still,
O listless woman, weary lover!
To feel once more that fresh, wild thrill
I'd give—but who can live youth over.
THE OLD LOVE AND THE NEW
more on the fallow hillside, as of old, I lie at rest
For an hour, while the sunshine trembles through the walnut-tree to the west,— 110 | WIKI |
Precooled jet engine
From Wikipedia, the free encyclopedia
Jump to: navigation, search
A precooled jet engine is a concept for high speed jet engines that features a cryogenic fuel-cooled heat exchanger immediately after the air intake to precool the air entering the engine. After gaining heat and vapourising in the heat exchanger system, the fuel (e.g. H2) burns in the combustor. Precooled jet engines have never flown but are predicted to have much higher thrust and efficiency at speeds up to Mach 5.5. Precooled jet engines were described by Robert P. Carmichael in 1955.[1]
Pre-cooled engines avoid needing an air condenser because, unlike Liquid air cycle engines (LACE), pre-cooled engines cool the air without liquefying it.
A pre-cooled engine could be in the power-plant for a space launcher vehicle or for a very long range, very high speed aircraft.
Advantages of precoolers[edit]
One main advantage of pre-cooling is that, for a given overall pressure ratio, there is a significant reduction in compressor delivery temperature (T3), which delays the onset of the T3 limit as flight speed increases. Consequently, sea-level conditions (corrected flow) can be maintained after the pre-cooler over a very wide range of flight speeds, thus maximizing net thrust even at high speeds.[citation needed]
History and status of precoolers[edit]
Precoolers have never flown.[citation needed]
Similar systems[edit]
Precoolers were first proposed as part of the research in America on Project Suntan- a liquid hydrogen fuelled aircraft. Robert P. Carmichael in 1955 devised several engine cycles that could be used with hydrogen fuel, and this was one.[2]
Interest in precooled engines saw a brief emergence in the UK in 1982, when Alan Bond (formerly of the Blue Streak missile project) created a LACE-like design he called SATAN. The primary difference of these systems is that the air is only cooled, rather than liquified, and thus the gases are not actually separated, apparently giving significantly greater overall performance, due to a reduction in the amount of hydrogen used for cooling.
At the same time, John Scott and Bob Parkinson at British Aerospace had started some preliminary work on reusable launch systems. The two teams met and created HOTOL, which would use the BAe designed airframe with a Rolls Royce version of Bond's engine, known as the RB545. In 1986 the project was given an official go-ahead to the tune of 2 million pounds for research, but the program was later killed in 1989 when the project encountered problems and the government ended funding.
The principal designers continued development on their own, but the RB545 had been classified top secret and could not be used. Instead Bond founded Reaction Engines, which developed another version that is more advanced, known as SABRE (ostensibly for Synergic Air BReathing Engine) which is meant for their Skylon design.In 2008 a study of an aircraft powered by a SABRE class engine was undertaken under LAPCAT, partially funded by the EU looking towards hypersonic intercontinental travel (Brussels to Sydney in 2–4 hours non stop).[3] This demonstrated that the SABRE engine class has applicability for air-breathing hypersonic flight,
Despite the design's potential to power an SSTO craft, Reaction Engines was unable to attract funding for a demonstrator engine until it had proven operation of the required pre-cooler heat exchanger and associated novel frost control technology. Having done so in 2012, REL gained a UK government grant of £60 million in 2013 and further investment of £20.6 million from BAE Systems in 2015.[4] [5]
See also[edit]
References[edit]
1. ^ NASA history Other Interests in Hydrogen
2. ^ NASA history Other Interests in Hydrogen
3. ^ Rob Coppinger (15 June 2006). "EU €7m hypersonic research plan considers UK-designed Mach 5 aircraft to fly Brussels to Sydney in 2h". Flight International. Retrieved 2009-07-03.
4. ^ "Story so far | Reaction Engines". Reaction Engines. Retrieved 2017-01-11.
5. ^ "BAE Systems and Reaction Engines to develop a ground breaking new aerospace engine". BAE Systems. | ESSENTIALAI-STEM |
Kawahee
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1. A jumpy object
the trigonometric functions do output rough numbers when their input values aren't between +2pi and -2pi, so if it goes a fair way out and u use sin/cos/tan/sinf/cosf/tanf etc you can get bad performance and dodgy outputs.
2. how to play ogg files
go to google, and search for ogg vorbis. The entire thing is open source.
3. Recently, my game artist asked me if I could use normal mapping in our game. I had a look around the net and found out that a few games have used it [ Tribes, FarCry ], and I was wondering how to implement it in Direct3D9. Am I correct in saying that it needs to be set through IDirect3DDevice9::SetSamplerState? A small working sample of that would be much appreciated. - Kawahee
4. hey all I'm just wondering HTF u profile code under .NET. I've got tricks of the 3d game programming gurus, and all it says is "NET has similar profiling capabilities too", tho i can't find them. I'm pretty sure my version of .NET has them hidden somewhere, because it's not standard or educational. thanks
5. Hi everybody. I'm just wondering about state registers, what they are, what they do and how to use them. I realise they probably are a large subject, so i'm hoping u guys could give me a link or two to a few good articles on the subject. thnx [Edited by - Kawahee on August 16, 2004 1:56:57 AM]
6. [C] sizeof syntax error
ah... is it just me, or are you using "ints" before you actually get it out of the initialization. -- int *ints = realloc(ints, num_ints * sizeof int); -- when you calll realloc, ints doesn't exist, so that's like doing: int iNumber = iNumber;
7. ID3DXSprite drawing wrong
><" damn i forgot about that... thanks a lot
8. Hi everybody! I've got a kind of weird problem. Whever i draw my image to my window, whose client are is 631 * 432, and I set direct3d up in windowed mode with a backbuffer of 631 * 432, and i load in my image, which is 631 * 432, then when i ID3DXSprite::Draw it to the screen, it comes out wrong. It's stretched and isn't the 1:1 ration i expected it to be. Any ideas?
9. does it look ok in the direct3d mesh viewer? if it does, coding problem. to disable culling do d3ddevice->SetRenderState(D3DRS_CULLMODE, D3DCULL_NONE);
10. I was wondering how i could get a mesh to render into screen space. I presume i would have to configure the world transformation matrix in some way. any help would be much appreciated. ps: the mesh i'm trying to render is a spinning symbol my friend made for me.
11. Hello everybody. I've been making a game for a while now, and my artist wants me to make a tool that captures video from fullscreen applications [like games]. We already have a solution to capture video from our game, but we want the tool to be able to capture video from other applications, preferably fullscreen games. Can DirectShow do it? Any help would be much appreciated. -- Todd
12. Problem ID3DXMesh
Final Problem --------------------------------------------------------- When I go to release the mesh, it goes: Unhandled exception at 0x77f75554 in engine.exe: User breakpoint. which ends up being: HeapFree(_crtheap, 0, pBlock); I don't know what to do. Any ideas? If I don't release the mesh the D3D debug systems seem to do it for me without error, but I know when I switch to release libs it won't.
13. Problem ID3DXMesh
Don't worry, I solved the problem. Yes, using 0-3 did work, but the first time I tried it it didn't work. Anyway, a big thankyou to everybody who helped me, it was much appreciated. - Kawahee
14. Problem ID3DXMesh
ok... i have no culling on CUSTOMVERTEX gcVertices[] = { { -1.0f, 0.0f, 1.0f, 0.0f, 0.0f, }, // |- { -1.0f, 0.0f, -1.0f, 0.0f, 1.0f, }, // |_ { 1.0f, 0.0f, -1.0f, 1.0f, 1.0f, }, // _| { 1.0f, 0.0f, 1.0f, 1.0f, 0.0f, }, // -| //{ 0.0f, 0.0f, 0.0f, 0.0f, 0.0f, }, }; // then later on void* pVertices; gpMesh->LockVertexBuffer(0, &pVertices); memcpy(pVertices, gcVertices, sizeof(gcVertices)); gpMesh->UnlockVertexBuffer(); I'll check back on using 0-3. I tried it before, but I'll try it again. I'll edit this post once I get VC++ working again.
15. Problem ID3DXMesh
i already tried that...renders nothing | ESSENTIALAI-STEM |
The Evolution & Medicine Review
Early Development and Reproductive Health in Later Life
One of five workshops in a conference on
Evolution and Diseases of Modern Environments
Organized by Randolph Nesse, at the Berlin Charité, October 13-14, 2009
In conjunction with The World Health Summit
Sponsored by the Volkswagen Foundation
Session leaders: Gillian Bentley and Grazyna Jasienska
In session: Gillian Bentley, Benjamin Campbell, Kathryn Clancy, Marco Del Giudice, Vivette Glover, Grazyna Jasienska, Diana Kuh, Shanthi Muttukrishna, Pablo Nepomnaschy, Alejandra Nuñez de la Mora, Janet Rich-Edwards, Norah Spears, Hamish Spencer, Beverly Strassmann, John Wiebe
Raporteurs: Kathryn Clancy and Benjamin Campbell
In evolutionary medicine so far, a lot of emphasis has been placed on understanding disease, and with the exception of cancer reproductive function is especially understudied. We want to look at the relationship between early development and adult reproduction but we have little data. Those of us in this session have an evolutionary, ecological perspective but few have also thought about a broader health perspective to combine both disciplines. Preliminary discussions identified nutritional status and psychosocial stress as crucial to this combined perspective, and could provide a direct link to evolutionary medicine.
We first sought to define “stress” and largely arrived at the idea that one way, for the purposes of this session, is to define “stress” as anything that activates the HPA/limbic system. We also tried to clarify the difference between stressors and stress, and the measurable outcomes relevant to fitness/reproductive success. We focused on the female reproductive system as an incredibly plastic system, perhaps more plastic than any other process in the body. We tried to turn towards some of the main “stages” in order to get a sense of what is already in the literature, what it tells us, how it may or may not be biased (in terms of where we focus our research attention) and where we should thus direct future research.
For the first session we focused more on age at menarche as a stage and perhaps biomarker that we could use as a way to get at 1) environmental predictors of variation, 2) variation in reproductive outcomes and 3) seemingly competing hypotheses. For instance, we have support to suggest that early psychosocial stress leads to early menarche, but also that early good nutrition leads to early menarche. However, individuals who have early menarche due to good nutrition will be larger, and thus it is less of a trade off than when early psychosocial stress drives an earlier move to reproduction. Further, this is context-specific, it’s about whether you can afford this trade-off or not.
In the second session we discussed the Predictive Adaptive Response (PAR) and other hypotheses that may explain reaction norms in reproductive physiology. Our conversation was inconclusive. In large part this was due to the fact that we were unsatisfied with the degree of evidence in the literature, particularly of a longitudinal nature, that will help us test competing hypotheses. We noted that the PAR’s emphasis is on prenatal exposure but that doesn’t mean PAR is exclusive to the prenatal period. We also noted problems in use of rodent models because they are short-lived and have different life histories – perhaps we find epigenetic/ intergenerational effects in rodents but that doesn’t mean we can find them in humans. Ultimately, long-lived species have a continuous plastic response: perhaps we can think about the fetus making the best decision it can: there is some reduction of variation after that decision, but still plasticity after fetal programming.
On the second day, we broke into small groups that focused on reproductive maturation, fertility and pregnancy as processes to put most of our attention.
In our reproductive maturation group, discussion centered on separating effects of adrenarche (onset of adrenal androgen production) and puberty. While the hormonal processes associated with these two events are clearly separate, their relationship to obesity may be coordinated. Recent work in child development has focused on the importance on the interval between adrenarche and pubarche as crucial for socialization including sexual behavior and gender roles. Thus there is an urgent need to study and understand the impact of modern environments and obesity on earlier maturation, and a possible shortening of the window between adrenarche and pubarche, on socialization, sexual behavior and gender roles. Cross-populational studies are crucial to establish baseline patterns of the relationship between adrenarche and pubarche and their importance to socialization.
In the pregnancy group, two important issues we considered were pregnancy loss and pre-eclampsia (hypertension during pregnancy) because of the ecological perspective we can offer. In addition to chromosomal abnormalities, nutritional status or psychosocial stress could impact the degree of fetal loss, and while significant work has been done on the maternal-fetal conflict in pre-eclampsia, we also want to offer the perspective that modern environments and overnutrition could provide additional important insights. We also know very little about population variation in either of these conditions, and propose future research in this direction for hypothesis testing and assessment of baseline variation.
The fertility group’s main conclusion was that we need to bring our particular approach to variability to medicine. We have discussed variability and its importance throughout this symposium but we need to better define what we mean and why we consider our approach so important to medicine. The main problem we note is that we are uncomfortable making strong recommendations to medicine regarding reproductive health because we do not yet have enough baseline data of the normal range of variation within and between women and within and between populations. The focus in funding mechanisms is on basic molecular science and disease-focused science, and our discipline falls between these two extremes. Thus we first propose a greater emphasis on research that assesses normal variation in the following ways: longitudinal, repetitive sampling, an assessment of lifestyle factors, documentation of ethnic and geographic variation, and a focus on the major lifestyle transitions as these can be periods of major variability. For instance, important transitions include cycling to pregnancy, or lactational amenorrhea to resumption of fecundity. Finally, we wanted to point out that the population that the majority of our data is western and economically developed, and that they represent the most extreme and highest concentrations of ovarian hormones (and likely other indicators of reproductive function).
One recommendation we did want to make, or at least propose as a hypothesis, is that we should reduce pharmacologic interventions in young women. In many industrialized countries the majority of young women are on hormonal contraceptives for supposedly abnormal cycling, when they are usually experiencing adolescent subfecundity. However hormonal contraceptives increase young women’s exposure to exogenous hormones and their possibly mitogenic activity in the breast and other tissues, thus possibly increasing their risk of breast cancer. This is contrasted by the possibility that this intervention is beneficial in premenopausal women with established cycling, at least in industrialized environments, because the exogenous hormones may be lower than the endogenous levels and thus, by disrupting the HPO axis, lower women’s exposure. We want to be clear that we recognize the importance of hormonal contraceptives for actual contraceptive use, but we strongly suspect its off-label use for cycle regulation far outstrip its contraceptive use in certain populations. It is for this reason that our emphasis on the exploration of normal variation is of such urgent importance. We would like to see a move towards non-pharmacologic intervention, such as intervention in lifestyle, in those situations where young women are experiencing discomfort from which they would like to be relieved. However, we also suspect that many young women who seek help for “abnormal cycling” are suffering from misinformation about what constitutes normal, and correct information about the fact that their bodies are operating well may go far in reducing their concerns.
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From the perspective of evolutionary medicine the study of reproductive function is relatively undeveloped. At its current stage the most crucial tasks are to increase our knowledge of normal variation in reproductive processes, to study populations cross-culturally, and to examine lifestyle transitions and early environments as containing stages that can have a significant impact on later reproductive outcomes. | ESSENTIALAI-STEM |
Should I be detoxing?
by | Nutrition Questions Answered
Detox is a popular word these days. It often comes along with the promise of weight loss, mental clarity, a clean system and increased energy. Is it legit or is it too good to be true? In this article, you’ll learn the basics of detox, how to support your body’s detox systems naturally, and what a detox plan should and shouldn’t include.
What exactly is detox?
Detoxification, or detox for short, refers to the way we eliminate or neutralize toxins through the colon, liver, kidneys, lungs, lymph glands and skin. It is a very important and normal process in our body that is there for us 24/7.
What are toxins?
Simply put toxins are substances that are poisonous to our bodies. They can come from the environment, the food we eat, and what we put on our skin. They can also be produced inside of our bodies. Tobacco smoke, alcohol, pesticides, BPA, and mercury are just a few common toxins we may be exposed to regularly.
It’s In Our Genes
Everyone’s body is unique in how efficiently it clears toxins and this depends on our genes. Most of us can get rid of toxins effectively and efficiently, while others may have less efficient systems.
What can I do to help my body get rid of toxins?
It is wise to support your body’s detox system by limiting your exposure to toxins and making food and lifestyle choices that support the body’s detox efforts.
Natural Ways to Support Your Detox System
Luckily, we don’t need to do anything really drastic like a colon cleanse or a juice detox to feel good and support our detox pathways. Our organs are most likely doing a great job eliminating anything our bodies deem dangerous. We CAN make their job a little easier though. Here are a few ways to do that.
• Avoid potentially carcinogenic compounds to reduce chemical load.
• We are exposed to 100,000 to 200,000 chemicals routinely so it is not realistic to think we can eliminate our exposure to ALL toxins. We can, however, make several small choices that will help such as using glass rather than plastic, buying food from farms that limit their pesticide use, and carefully choosing our seafood to avoid too much mercury.
• Exercise and sweat. While sweating won’t eliminate all your toxins, a small number of water-soluble toxins can come out when you sweat. This is just another great reason to move our bodies!
• Regular bowel movements can keep toxins moving along.
• Getting adequate fiber intake through plant foods and drinking plenty of water are critical steps you can take to allow your body to eliminate toxins.
• Eat legumes & fermented foods to support the gut microbiome, which plays a role in the detoxing process.
• Eat fruits and vegetables 5 times a day. Consume a variety to benefit from a diverse amount of antioxidants. A few great choices for detox purposes:
• Beets
• Avocados
• Broccoli, Kale, Cauliflower
• Lemons and other citrus fruits
• Berries
Is a Detox Diet Safe?
We understand the desire to start over with a clean slate and refocus your food choices at times. However, it doesn’t require a strict detox plan or starvation to start fresh and feel better. In fact, detox plans that call for fasting can be harmful to some people with medical conditions.
If your habits aren’t serving you well, it is always best to address the underlying problem with one of your friendly nutrition coaches or your doctor. Taking it one step at a time is often much more conducive to creating a healthy habit than eliminating several foods at once as a detox program might call for.
Be wary of the detox diet if..
• It promises to flush out the toxins. This is worrisome because you may also be flushing out healthy gut bacteria that you need. Remember your body has a great system already in place for ridding itself of toxins and there are several natural, gentle ways to support it.
• It promises weight loss. Yes, you will lose weight but the promise is not for sustainable weight loss and most of it will be water weight. There is a very slim chance that the weight will stay off once the detox is done unless you work on your habits after the detox.
• It’s extreme. You always need to be careful with plans that include fasting or drinking only juice/water.
• It seems like a quick fix. We know that there is no such thing. Trust us, we wish we could offer a quick fix, but it’s just not possible. If it sounds too good to be true, it probably is.
• It uses laxatives. A laxative regimen can cause dehydration, deplete electrolytes, and interfere with normal bowel function.
• It’s for the wrong reasons. If you think you need to punish your body, cleanse your body or undo bad habits, let us be the first to tell you that a strict detox is not the answer.
A Reasonable Detox Plan
A reasonable detox plan will include satisfying and nutritionally balanced meals, plenty of liquids, and a focus on nutrient-dense whole foods like fruits, vegetables, nuts, seeds, and beans. The goal might be to replace all processed foods with more natural foods and limiting or avoiding things like soda, chips, candy, etc. It may also encourage fasting for 8-14 hours overnight to allow your body to digest, rest, and work its wonders. These are all reasonable ways to support a healthy detox system and a healthy body.
Bottom Line
The body’s detox systems are designed to fight off most environmental insults and the effects of the occasional over-indulgence. If you’re generally healthy, we recommend directing your efforts toward giving your body what it needs to maintain its amazing self-cleaning system — a well-balanced diet, plenty of fluids, regular physical activity, and sufficient sleep.
Ready to build healthy habits that will last? We are here for you! Start now.
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Prostitution in Francoist Spain
Prostitution in Francoist Spain (1936–1975) presented the government with a problem. The Nationalist faction in the Spanish Civil War (1936–1939) tolerated the practice, but prostitution was actively opposed by the Catholic Church. During the 1940s, state policy was more tolerant of it, and allowed officially sanctioned brothels to serve the "needs" of men and prevent the spread of sexually transmitted infections (STIs). However, clandestine prostitution was actively suppressed, while its economic causes, which largely involved war orphans and women in dire economic situations, were ignored.
In 1956, the tolerance of prostitution that had been shown by the government of Francoist Spain largely ended, as a result of a number of factors, including the joining of international bodies dedicated to stopping the human trafficking of women. Following the death of Francisco Franco in 1975, prostitutes were one of several groups of women that feminists sought to gain amnesty for.
Background
Accusations of prostitution have been used as slanders against women as a form of disempowerment dating back to the Christian Bible. Accusations of being a prostitute have also been used to define who is a "good woman" and who is a "bad woman." False accusations would also be made to discredit social and political opponents.
Fascism and prostitution
Fascism sometimes supported regulated prostitution. Opposition to prostitution was much more frequent, often because of a belief that legalization of prostitution would result in a surge of men getting sexually transmitted diseases. In other cases, it was opposed as a violation of religious beliefs. Many fascists in this early period believed that women were defined around reproduction. Thus, the greatest opposition to prostitution often involved a belief that prostitution represented a deep moral and racial crisis. Fascists would slander political enemies of being or supporting prostitutes, as demonstrated through the spread of venereal disease which hurt a country on the whole. Jews in multiple countries would be accused of supporting prostitution.
Battle for women's identities
The state set up a battle between women, by encouraging women to define themselves as mothers and state patriots or as prostitutes who opposed to the state. It was supposed by Pope Pius XII's 1951 direction on the purpose of Christian marriage, which said, "In accordance with the Creator's will, matrimony, as an institution of nature, has not as a primary and intimate end the personal perfection of the married couple but rather the procreation and upbringing of new life. ... One of the fundamental demands of the true moral order is the sincere acceptance of motherhood's function and duties." In the case of Spain, the Franco regime's imperative view was motherhood should only ever occur in the context of marriage.
Legality and practice
Prostitution, and how to combat it, was a problem for the Franco regime, given its historical acceptance and Catholic views opposing it. A zealous system of monitoring public morality was created to combat it. The 1935 decree banning prohibition was overturned in 1941, when the regime made prostitution legal, with the purpose of providing economic relief for women and combating sexually transmitted diseases among men. Prostitution was no longer viewed as a problem, but the immorality of prostitutes themselves was. The Patronato de Protección de la Mujer was created in 1941, with the goal of eliminating prostitution. Aligned with Roman Catholic interests, it served as an arm of the regime, seeking to monitor prostitutes and to rehabilitate these women, to bring them into line with Spanish definitions of womanhood. The organization was presided over by Carmen Polo, Franco's wife. Their rehabilitation efforts were often done at asylums, like Ciempozuelos, or prisons, like Calzada de Oropesa, Toledo. According to Paul Preston, "The increase in prostitution both benefited Francoist men who thereby slaked their lust and also re-assured them that 'red' women were a fount of dirt and corruption". The Patronato de Protección de la Mujer created numerous reports on prostitution in the years after its founding. The two most important reports were published in 1943 and 1944.
Prostitution was tolerated by the Catholic church during parts of the Franco period, as it was seen as a way to provide marital harmony by giving men a relief valve. It was also a way of continuing to control female sexuality, and reinforcing Catholic concepts of male dominion over women.
Several types of prostitution existed in the 1940s. This included public prostitution organized by regulated establishments run by pimps or businessmen, and private prostitution organized by sex workers without the involvement of third parties both within and outside state exercised control. The regime was less concerned with regulated places of prostitution, and more concerned with clandestine prostitution. Street prostitutes were vulnerable to law enforcement official efforts to clean up prostitution, and put these women in prisons or reform institutions. Authorities justified these efforts by saying they were trying to prevent the spread of venereal disease. These women would be taken to prisons and reformatory institutions that "were the correct scientific response to the problem of prostitution from the psychological and pedagogical points of view". Still, many women had no choice but to become street prostitutes, because their economic situation was so dire.
During the 1940s, prostitution was described as causing a number of other social ills, including abortions, infanticide, and the corruption of minors. Parque de Mendigos de los Mataderos area of Madrid was a particularly grim place for women and children to live in the 1940s. The zone was still feeling the effects of the Spanish Civil War, and had not recovered. Women with no other resources in that area turned to prostitution as a form of survival. A 1943 Patronato de Protección de la Mujer report from the found that, "There is notorious debauchery in the upper class of society; there are many Amancebamientos and children without a known father. Relaxation has reached such extreme, that sexual illicit relationships "almost dress well" in all spheres social, immoralities are recorded among the family members themselves, with sometimes the most serious and disgusting."
The government of the 1940s largely only recognized prostitution as a societal problem effecting cities, showing a lack of understanding of the economic situation in rural areas. In 1940, there were 1,144 registered prostitutes and 1,140 clandestine prostitutes in Barcelona. There were 1,050 registers and 700 clandestine prostitutes in Valencia. There were 850 clandestine prostitutes in Málaga. Per 1,000 people, Jaén, Palma de Mallorca, Ourense, Cádiz, and Málaga had the largest number of prostitutes. Huelva had 39 drinking houses and dance halls where men could engage prostitutes in 1942. The regime tolerated these so long as they did not openly advertise that these were little more than brothels. As a percentage of the population, smaller cities and major towns often had larger prostitute populations than bigger cities.
Prostitution was quite common in the province of Zaragoza in the 1940s, and was tolerated by the local government. Despite this, prostitutes were often charged with the corruption of minors and with having abortions, most of whom were minors themselves. During the 1940s, Luna represented an extreme case as 10 were found guilty of having abortions, in what appeared to be a co-ordinated effort to hide the existence of an under-age prostitution ring. Most of the girls were unable to sign their own names when brought in by the Guardia Civil.
Women could, and did, go to prison for being prostitutes. During the 1940s, in Almería, 20.45% of female prisoners were there for sexual offenses that mostly included prostitution. This compared to 9% of female prisoners being there because they had abortions, had committed infanticide or abandoned their children, and 4.9% who were in prison for crimes against authority. The remaining prisoners were there for other offenses, like coercion, crimes against religion, weapons possession, or having a false identity.
Prostitution attracted many minors, especially in rural areas. This was an effect of the Spanish Civil War and the regime's crackdown on political opposition in the post-war period. Most of these minors were children of parents who died in the war, who were disappeared by both sides of the war, or whose parents were in prison for political crimes. In this period, many maids found themselves with unwanted male sexual attention they could not escape, and were sometimes sexually assaulted. They would become pregnant and be forced out of their jobs. Men would also blackmail them over these relationships. Because many were unmarried, when relationships were discovered, even ones a result of male coercion, they would be fired for being involved. This would leave these women destitute. Many turned to prostitution, as a result of lacking any other economic opportunities.
Prostitutes were held at facilities run by nuns through Patronato de Proteccion a la Mujer from 1941 to 1985. They were always a minority, representing between 7 and 10% of the population. They would be put into cells next to girls abandoned by their families, spending only a few nights. According to Carlos Álvarez, researcher at the University of the Basque Country, "Their confinement fulfilled two objectives: on the one hand to separate them from the rest of society, so that they did not influence it, and on the other hand to be 'rehabilitated', along the path of redemption."
Many men in this period were addicted to going to prostitutes. Culturally, their virility was held in high esteem, and they faced few consequences for having sex outside of marriage, as it demonstrated their regime-endorsed masculinity. This contrasted with women, who, if they had sex outside of marriage, were slandered by others who accused them, among other things, of being prostitutes.
While the state was more willing to believe in the rehabilitation of prostitutes during the 1940s and 1950s, the Roman Catholic church was not. The Church taught the practice was a mortal sin, along with the use of contraception which they argued was lowering birth rates in Spain and evidence of further immorality in society.
Prostitution in the 1950s could be justified culturally if the women were mothers doing so in order to provide for their children. Para los niños was a common phrase among Spanish prostitutes in this period. A law was decreed on 20 December 1952 that made it more difficult for prostitutes to legally operate.
In Barcelona, in 1951, the official price for prostitution services for men at government-sanctioned brothels was US$0.15. When American soldiers visited, prostitutes working independently raised their prices for US$5.00. Legal minors were allowed to accompany American servicemen into hotels run by shady businessmen.
Prostitution was tolerated under controlled circumstances by the Franco regime until 1956. On 3 March 1956, by decree, prostitution was made illegal, and Spain joined the international fight to combat prostitution and fight the trafficking of women. ''Abolicionismo y prostitución. Justifación y defensa del Decreto-Ley de 3 de Marzo de 1956'' was published by Enrique Jiménez in 1963, with its preamble being written by Foundation for the Protection of Women President Luis Martínez Kleiser. The text described prostitution as an infection, which needed a moral antibiotic to cure, with the state serving as the doctor to fix this illness.
An instructive order was issued on 26 April 1956 which explained the need to isolate the worst cases by providing accommodation in specialized facilities for single and pregnant teenagers. Such establishments were opened in Granada, Vigo, Cuenca, Albacete, Cartagena, Leon, and Madrid. The government allocated ten million pesetas (US$100,000) yearly to maintain these prison-like facilities holding over 3,000 women. This budget was increased to 35 million pesetas by 1963. By the end of 1956, the total number of freed women who had been at Foundation for the Protection of Women facilities was around 5,050. 41 came from Madrid, while 618 came from Barcelona, 400 from Valencia, 800 from Bilbao, 232 from Seville, 300 from Málaga, 300 from Cadiz, 248 from Zaragoza, 200 from Palma de Mallorca, and 202 from Las Palmas.
Ahead of the Year of the Woman, the government created eight commissions to investigate the status of Spanish women. The government used reports from these commissions to produce two reports that were published in 1975. They were La situación de la mujer en España and Memoria del Año Internacional de la Mujer. Among the findings, the government referred to prostitutes as maladjusted and marginalized women. In a report, they said, "It seems that modified the classic style of prostitution appearing this one with new forms which imply for a person who exercises it a form of multiple employment." That is, women who were prostitutes held jobs during the day and moonlighted as prostitutes during the day to supplement their income, all the while maintaining the impression that they were good and responsible women. The regime found the dual face of these women more despicable than if they were full-time prostitutes. The government blamed this on the failure to transmit the importance of ethical values inside a family, the large number of leisure places where these women could work, the media, consumer-driven culture, tourism, increased affluence among the Spanish people, and religion being deficient in passing along values that condemned prostitution. The commission proposed the government try to close places of leisure like clubs and pubs and party halls, that the police more strictly enforce the Law of dangerousness and social rehabilitation, and that more effort be put into rehabilitating prostitutes.
In the period between 1974 and 1978, feminists protested for amnesty for women, including those convicted of abortion, contraception, adultery, and prostitution-related offenses who were in prison. These feminists were attacked by the police, using tear gas and smoke bombs. Feminists also held protests in support of the decriminalization of adultery, equality in the workforce, the right to assembly, the ability to strike, and the suppression of images the movement felt were degrading to women.
Depictions and slanders
The role of women in the Francoist period was to be mothers, and to submit to regime decisions around how women should live their lives. Women who challenged this narrative and exerted their independence were labeled "sluts" and "prostitutes". This was a form of trying to control these women in face of their defiance. During the 1940s, women who fought as guerrillas in the Spanish hinterlands were often labeled as "sluts" and "prostitutes", as part of an effort by the regime to slander them and dehumanize these women. During the 1950s, tourists started to visit Spanish beaches en masse. They wore mini-skirts and bikinis, and played an important role in changing Spanish women's perceptions of other women, in that these clothes did not signify a woman was a prostitute.
Tattoo (Tatuaje) was a famous song, written by Rafael de León and immortalized by Concha Piquer, during the 1940s and 1950s about a prostitute who fell in love with a foreign sailor, who searched him out from tavern to tavern. The image of the prostitute in the song was much more sympathetic than the official narrative about these women.
Lesbians and trans women in prison
Lesbians in Francoist prisons were charged with prostitution, instead of homosexuality, which makes it impossible to determine their numbers, when compared to gay men. This was because the regime had only two categories for women's employment: housewife, and prostitute.
People accused of prostitution would often end up at Barcelona's Model Prison during the 1960s and 1970s. Included among this group were many homosexuals and trans women, who would then be subject to additional sexual abuse behind bars. | WIKI |
MMAF-Net: Multi-view multi-stage adaptive fusion for multi-sensor 3D object detection
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Thumbnail Image
Date
2023-12-05
Open Access Location
Journal Title
Journal ISSN
Volume Title
Publisher
Elsevier B.V.
Rights
(c) 2023 The Author/s
CC BY 4.0
Abstract
In this paper, we propose a 3D object detection method called MMAF-Net that is based on the multi-view and multi-stage adaptive fusion of RGB images and LiDAR point cloud data. This is an end-to-end architecture, which combines the characteristics of RGB images, the front view of point clouds based on reflection intensity, and the bird's eye view of point clouds. It also adopts a multi-stage fusion approach of “data-level fusion + feature-level fusion” to fully exploit the strength of multimodal information. Our proposed method addresses key challenges found in current 3D object detection methods for autonomous driving, including insufficient feature extraction from multimodal data, rudimentary fusion techniques, and sensitivity to distance and occlusion. To ensure the comprehensive integration of multimodal information, we present a series of targeted fusion methods. Firstly, we propose a novel input form that encodes dense point cloud reflectivity information into the image to enhance its representational power. Secondly, we design the Region Attention Adaptive Fusion module utilizing an attention mechanism to guide the network in adaptively adjusting the importance of different features. Finally, we extend the 2D DIOU (Distance Intersection over Union) loss function to 3D and develop a joint regression loss based on 3D_DIOU and SmoothL1 to optimize the similarity between detected and ground truth boxes. The experimental results on the KITTI dataset demonstrate that MMAF-Net effectively addresses the challenges posed by highly obscured or crowded scenes while maintaining real-time performance and improving the detection accuracy of smaller and more difficult objects that are occluded at far distances.
Description
Keywords
3D object detection, Multi-sensor fusion, Attention mechanism, Joint regression loss, Autonomous driving
Citation
Zhang W, Shi H, Zhao Y, Feng Z, Lovreglio R. (2024). MMAF-Net: Multi-view multi-stage adaptive fusion for multi-sensor 3D object detection. Expert Systems with Applications. 242.
Collections | ESSENTIALAI-STEM |
Page:Proceedings of the Royal Society of London Vol 69.djvu/145
Rh images of neighbouring stars of equal magnitude. This peculiarity of the Nova's disc was first remarked by Flammarion and Antoniadi, and later by Max Wolf, Kostinsky, and von Gothard. It owes its origin probably to the exceptionally strong ultra-violet rays emitted by the Nova, which are not brought to the focus for which the objective is corrected.
The recent photographs have been taken by Mr. Butler and Mr. Kolston. The visual observations have chiefly been made by Messrs. Fowler and Butler. Mr. Baxandall has undertaken the reduction to wave-lengths and the discussion of the lines in the photo- graphic spectrum, while Dr. Lockyer and Mr. Baxandali have assisted in the preparation of the present paper.
This investigation was undertaken in the spring of the present year, as'a sequel to analogous work in Egypt and Greece, with a view to deter- mine whether the orientation theory could throw any light upon the date of the foundation of Stonehenge, concerning which authorities vary in their estimate by some thousands of years. We beg to lay before the Royal Society the results derived from a careful study of its orientation for the purpose of arriving at the probable date of its foundation astronomically. This is not, indeed, the first attempt to obtain the date of Stonehenge by means of astronomical considerations. In Mr. Godfrey Higgins' work he refers to a method of attack connected with precession. This furnished him with the date 4000 B.C.
More recently, Dr. W. M. Flinders Petrie, whose accurate plan is a valuable contribution to the study of Stonehenge, was led by his measures of the orientation to a date very greatly in the opposite direction, but, owing to an error in his application of the change of obliquity, clearly a mistaken one.
As the whole of the argument which follows rests upon the assumption of Stonehenge having been a solar temple, a short discussion of the grounds of this view may not be out of place ; and, again, as the approximate date which we have arrived at is an early one, a few words may be added indicating the presence in Britain at that time of a race of men capable of designing and executing such work. | WIKI |
When tales are told of valiant heroes in history, a handful stand out as some of the most well-known and revered of them all. Although the two in the title are not as famous as Superman or Spiderman, this does not make their tale any less epic. Both Achilles and Beowulf brought a new style of hero to the table. The two heroes had their flaws, however paid it back in spades with the bravery displayed in their respective epics. What is interesting about these two heroes is that their stories were written in completely different time periods, by peoples who were geographically extremely far apart.
Beowulf was written in the (estimated) early eighth century in Denmark, while the Iliad (Achilles tale) was written by Homer many millennia ago in ancient Greece. However both heroes exemplify the qualities most heroes attempt to exhibit. The following are short summaries of both the stories of Beowulf and Achilles as well as their respective heroic traits. First, I will start off with the tale of Beowulf. The poem opens up with a description of the genealogy of the high King Hrothgar of Denmark.
This king builds a great mead-hall named Heorot, a place where warriors from all over can gather for a night of drinking and eating. This time of prosperity though soon came to the end. Grendel, a fierce monster with mighty strength, started killing the Danes, some sort of complaint about the noise. Once word gets out of how these warriors are being killed off ruthlessly without any successful attempts at retaliation against this demon, a Geatish warrior named Beowulf steps into the scene. Once Beowulf arrives, he is welcomed warmly by king Hrothgar into his mead-hall.
Beowulf’s men were treated to a feast, but during the event, Beowulf was taunted by a Dane named Unferth. Here we first get a glimpse into what type of man Beowulf is. In response to Unfert’s taunts, Beowulf boastfully recalls his past accomplishments. We are given some insight during this time as to the way Beowulf thinks about himself, and the amount of respect his men have for him. The verity of these accomplishments however the reader does not yet know, but will soon find out. Grendel, hearing the boisterous Danes celebrates Beowulf’s arrival, races over to the Mead-hall.
The warrior strips down, saying that he will fight Grendel on equal terms. One he arrives, the battle between two begins. Grendel learns quickly that Beowulf is not a normal warrior; his strength outmatching Grendel’s. When the monster tries to escape in the face of this superior strength, Beowulf tears the arm off Grendel. Though Grendel does manage to escape, his wound proves to be fatal. Overjoyed at the result of the battle, king Hrothgar showers Beowulf with gold and gifts. Songs are sung in his praise and the festivities last until yet another monster appears.
The mother of Grendel desired vengeance for her son’s death, and takes the life of Aeschere, the kings most trusted adviser. With this turn of events, Beowulf’s services are requested once again. Beowulf, his men, and the king go off to find the last demon. Beowulf takes the lead and manages to slay the mother using a giant’s sword. His fame had spread like wildfire throughout the kingdoms. With the last of King Hrothgar’s problems dead, Beowulf’s services are no longer needed. Beowulf and the remainder of his men return to Geatland. There, he is once again showered with praise.
Most of the items that Hrothgar gave to Beowulf were given to Hygelac (King of Geatland) who rewards him. A war broke out and both Hygelac and his son die. Beowulf ascends the throne of Geatland. Flash-forward about fifty years, the land was prosperous under Beowulf’s rule. This time is ended abruptly with the awakening of a dragon. Knowing that this will be his last fight, Beowulf rides out with his trusted companion, Wiglaf, to confront the beast. After a fierce fight, Beowulf manages to slay the dragon, but not without suffering damage himself.
A bite wound to the neck is what managed to kill the Geatish King. Beowulf is buried with a large amount of treasure overlooking the sea. Throughout the book, Beowulf had shown a sense of superiority over most. He was boastful; however all that he boasted about was true. He had done incredible deeds and slayed multiple monsters. One could argue that he had every right to brag. As we look towards the end of his life though, when he had become king, we notice a change in his behavior. In his youth, he had accomplished momentous deeds, and celebrated them thoroughly.
We look to his king years, he has matured a great deal. He has gained an air of sophistication that comes with age. Usually before his battles, he was overly presumptuous in his ability, an example being fighting Grendel in no clothes. During his battle with the dragon though, he had seemed to accept the high probability of death beforehand. He had ruled over his land righteously and gained wisdom. Moving from the tale of Beowulf, the epic of Achilles is no less amazing. The tale starts nine years into the Trojan War.
Agamemnon had started his rampage to conquer and put all under his rule. Two captive maidens have been brought to the king, Chryseis and Briseis. Agamemnon took Chryseis while Achilles took Briseis. Chryseis happened to be the daughter of a priest of Apollo. Agamemnon would not give her back to the priest no matter how much ransom he was willing to pay, so the priest prayed to Apollo for his daughter. Apollo sends a plague to rampage through the Achaeans (Agamemnon’s forces). Agamemnon reluctantly gave up Chryseis, but demanded Briseis as compensation.
Enraged, Achilles stormed back to his tent and refuses to participate in the war any further. With Zeus on the side of the Trojans and Achilles no longer participating in the battle, Agamemnon’s forces loose many people. The Trojans brought the fight to the Achaeans when they stormed the beach they had set up as their stronghold. Noticing that his comrades will surely perish if he does not intervene, however still too proud to fight himself, Achilles enlists the help of his dear friend Patroclus. Wearing Achilles armor, Patroclus storms out, rallying the men to fight back against the Trojans.
A valiant effort it was and effective for a short while, until Hector manages to kill Patroclus (thinking it was Achilles). The two forces withdraw after his death. Once Achilles learns about how his dear friend was killed by Hector, he becomes enraged. Hephaestus forges new armor for Achilles due to his own being taken by Hector off the corpse of Patroclus. Fueled by the death of his friend, Achilles rides out to the gates of Troy. Once he arrives, the army that was behind Hector flees behind the walls out of fear of what they thought was the sudden revival of Achilles.
Hector however does not flee at first, but runs away once Achilles comes closer. The chase around the city walls begins, and is only stopped when Athena tricks Hector into believing he could defeat Achilles. The battle between to two men begins, and ends with the death of Hector, speared in the throat. Still seeking further revenge for the death of his Friend, Achilles straps the legs of hector to his chariot and rides back to the Achaean camp. King Priam, Hector’s father, had to be escorted by Heremes into the camp to try and convince Achilles to free his son and allow his father to give him a proper burial.
Achilles, regretting his actions, returns the body to the king. The sides agree to a truce until the burial ceremonies have finished for Hector. One can’t help but feel the anger that swelled up in Achilles after realizing his friend had died. He had been a valiant and honorable soldier; however the death of someone dear to him turned him into a relentless killer, cruel to his victims. It goes to show how much Achilles loved Patroclus. Achilles was blessed by the gods with his fighting ability, and throughout the story was considered by his men a worthy commander.
The similarities between the two heroes are near parallel. Both were blessed with godly strength and ability. Both defeated foes that were considered powerful in their respective groups. It is a common trend among heroes to have this type of physical power as well as showing fortitude. It is also common for heroes to have a something dear to them, that when lost, sends them down the path of “darkness”. It is always somewhat exciting to see these heroes go through this stage. Normal people go through this many times in their lives.
Something we have in common with these heroes is that if we manage to push through these difficulties without them consuming us, we will always come out of it better than we were before. Beowulf boasted and was over confident; Achilles was over confident and ended up allowing his hate to influence his decisions. These imperfections remind the reader of their foibles, something every good writer adds to their protagonists, an “Achilles Heel” so to speak. Tribulations end up sculpting the type of people we end up dying as. Both Achilles and Beowulf died fighting, ultimately, protecting something they felt was worth laying down their lives for. | FINEWEB-EDU |
ContribDieselFoamInjectorProperties
From OpenFOAMWiki
Back
injectorProperties
FoamFile
{
version 2.0;
format ascii;
class dictionary;
object injectorProperties;
}
// * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * //
(
{
injectorType unitInjector;
// injectorType optional:
unitInjectorProps
{
position (0.0 1.0 0.0);
direction (0.0 -1.0 0.0);
diameter 2.0e-4;
Cd 0.86;
mass 26.0e-6;
nParcels 10000;
X
(
1.0
);
massFlowRateProfile
(
(0.0 1.0)
(1.0e-4 2.0)
(5.0e-4 1.0)
(1.0e-3 1.0)
);
temperatureProfile
(
(0.0 360.0)
(5.0e-3 330.0)
(1.0e-3 350.0)
);
}
commonRailInjectorProps
{
position (0.0 0.1 0.0);
direction (0.0 -1.0 0.0);
diameter 1.9e-4;
mass 6.0e-6;
injectionPressure 200.0e+5;
temperature 320.0;
nParcels 5000;
X
(
0.3
0.7
);
massFlowRateProfile
(
(0.0 0.12)
(4.16667e-05 6.1634)
(8.33333e-05 9.4778)
(0.000583333 8.0014)
(0.000625 7.2582)
(1.25e-3 3.92)
);
injectionPressureProfile
(
(0.0 1.0);
(0.00125 1.0);
);
}
definedInjectorProps
{
position (0.0 0.1 0.0);
direction (0.0 -1.0 0.0);
diameter 1.9e-4;
mass 6.0e-6;
temperature 320.0;
nParcels 5000;
X
(
0.3
0.7
);
massFlowRateProfile
(
(0.0 1.0)
(1.0e-4 2.0)
(5.0e-4 1.0)
(1.0e-3 1.0)
);
velocityProfile
(
(0.0 100.0)
(5.0e-4 300.0)
(1.0e-3 200.0)
);
}
swirlInjectorProps
{
position (0.0 0.1 0.0);
direction (0.0 -1.0 0.0);
diameter 1.9e-4;
mass 6.0e-6;
injectionPressure 200.0e+5;
temperature 320.0;
nParcels 5000;
X
(
0.3
0.7
);
massFlowRateProfile
(
(0.0 1.0)
(1.0e-4 2.0)
(5.0e-4 1.0)
(1.0e-3 1.0)
);
injectionPressureProfile
(
(0.0 1.0)
(5.0e-4 3.0)
(1.0e-3 2.0)
);
}
multiHoleInjectorProps
{
position (0.0 0.0 0.0);
xyAngle 0.0;
zAngle -180.0;
nHoles 4;
umbrellaAngle 120.0;
nozzleTipDiameter 1.0e-3;
angleSpacing
(
0.0
22.5
22.5
20.0
);
diameter 1.0e-4;
Cd 0.86;
mass 20.0e-6;
nParcels 40000;
X
(
1.0
);
massFlowRateProfile
(
(0.0 1.0)
(1.0 1.0)
);
temperatureProfile
(
(0.0 360.0)
(1.0 350.0)
);
}
}
// you can add as many injectors as you want
{
injectorType multiHoleInjector;
// and add the correpsonding dictionary
}
) | ESSENTIALAI-STEM |
By danny
2012-10-05 20:48:07 8 Comments
I'm curious why go does't implicitly convert []T to []interface{} when it will implicitly convert T to interface{}. Is there something non-trivial about this conversion that I'm missing?
Example:
func foo([]interface{}) { /* do something */ }
func main() {
var a []string = []string{"hello", "world"}
foo(a)
}
go build complains
cannot use a (type []string) as type []interface {} in function argument
And if I try to do it explicitly, same thing: b := []interface{}(a) complains
cannot convert a (type []string) to type []interface {}
So every time I need to do this conversion (which seems to come up a lot), I've been doing something like this:
b = make([]interface{}, len(a), len(a))
for i := range a {
b[i] = a[i]
}
Is there a better way to do this, or standard library functions to help with these conversions? It seems kind of silly to write 4 extra lines of code every time I want to call a function that can take a list of e.g. ints or strings.
4 comments
@Nick Craig-Wood 2012-10-06 08:12:52
The thing you are missing is that T and interface{} which holds a value of T have different representations in memory so can't be trivially converted.
A variable of type T is just its value in memory. There is no associated type information (in Go every variable has a single type known at compile time not at run time). It is represented in memory like this:
• value
An interface{} holding a variable of type T is represented in memory like this
• pointer to type T
• value
So coming back to your original question: why go does't implicitly convert []T to []interface{}?
Converting []T to []interface{} would involve creating a new slice of interface {} values which is a non-trivial operation since the in-memory layout is completely different.
@kostix 2012-10-10 07:48:30
Thanks for actually explaining the gist of the issue
@weberc2 2014-09-18 16:23:05
This is informative and well written (+1), but you're not addressing the other part of his question: "Is there a better way to do this..." (-1).
@Stephen Weinberg 2012-10-05 22:16:52
In Go, there is a general rule that syntax should not hide complex/costly operations. Converting a string to an interface{} is done in O(1) time. Converting a []string to an interface{} is also done in O(1) time since a slice is still one value. However, converting a []string to an []interface{} is O(n) time because each element of the slice must be converted to an interface{}.
The one exception to this rule is converting strings. When converting a string to and from a []byte or a []rune, Go does O(n) work even though conversions are "syntax".
There is no standard library function that will do this conversion for you. You could make one with reflect, but it would be slower than the three line option.
Example with reflection:
func InterfaceSlice(slice interface{}) []interface{} {
s := reflect.ValueOf(slice)
if s.Kind() != reflect.Slice {
panic("InterfaceSlice() given a non-slice type")
}
ret := make([]interface{}, s.Len())
for i:=0; i<s.Len(); i++ {
ret[i] = s.Index(i).Interface()
}
return ret
}
Your best option though is just to use the lines of code you gave in your question:
b := make([]interface{}, len(a))
for i := range a {
b[i] = a[i]
}
@newacct 2012-10-05 23:32:40
it might be slower, but it would work generically with any type of slice
@RickyA 2016-05-25 12:28:04
This whole answer applies to maps too btw.
@Jacob 2016-12-02 03:40:29
interface, not inteface. What a trick:)
@Justin Ohms 2017-09-05 17:59:31
This also applies to channels as well.
@Yandry Pozo 2016-10-20 23:03:59
Here is the official explanation: https://github.com/golang/go/wiki/InterfaceSlice
var dataSlice []int = foo()
var interfaceSlice []interface{} = make([]interface{}, len(dataSlice))
for i, d := range dataSlice {
interfaceSlice[i] = d
}
@dskinner 2012-10-05 21:56:23
Try interface{} instead. To cast back as slice, try
func foo(bar interface{}) {
s := bar.([]string)
// ...
}
@kostix 2012-10-10 07:53:31
This begs for the next question: how the OP is then supposed to iterate over bar so as to interpret it as "a slice of any type"? Note that his three-liner creates a []interface{}, not []string or a slice of other concrete type.
@weberc2 2014-09-18 16:20:56
-1: This only works if bar is []string, in which case, you may as well write: func foo(bar []string) { /* ... */ }
@dskinner 2014-09-18 22:02:58
use a type switch, or use reflection as in the accepted answer.
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Sponsored Content | ESSENTIALAI-STEM |
Low somatosensory cortex excitability in the acute stage of low back pain causes chronic pain [article]
Luke C Jenkins, Wei-Ju Chang, Valentina Buscemi, Matthew Liston, Patrick Skippen, Aidan G Cashin, James H McAuley, Siobhan M Schabrun
2021 medRxiv pre-print
ABSTRACTBACKGROUNDDetermining the mechanistic causes of complex biopsychosocial health conditions such as low back pain (LBP) is challenging, and research is scarce. Cross-sectional studies demonstrate altered excitability and organisation of the primary somatosensory and primary motor cortex in people with acute and chronic LBP, however, no study has explored these mechanisms longitudinally or attempted to draw causal inferences.METHODSProspective, longitudinal, cohort study including 120
more » ... e with an acute episode of LBP. Sensory evoked potential area measurements were used to assess primary and secondary somatosensory cortex excitability. Transcranial magnetic stimulation derived map volume was used to assess corticomotor excitability. Directed acyclic graphs identified variables potentially confounding the exposure-outcome relationship. The effect of acute-stage sensorimotor cortex excitability on six-month LBP outcome was estimated using multivariable regression modelling, with adjusted and unadjusted estimates reported. Sensitivity analyses were performed to explore the effect of unmeasured confounding and missing data.RESULTSLower primary (OR = 2.08, 95% CI = 1.22 to 3.57) and secondary (OR = 2.56, 95% CI = 1.37 to 4.76) somatosensory cortex excitability in the acute stage of LBP increased the odds of developing chronic pain at six-month follow-up. This finding was robust to confounder adjustment and unmeasured confounding (E-Value = 2.24 & 2.58, respectively). Corticomotor excitability in the acute stage of LBP was associated with higher pain intensity at 6-month follow-up (B = −0.15, 95% CI: −0.28 to −0.02) but this association did not remain after confounder adjustment.CONCLUSIONThese data provide the first evidence that low somatosensory cortex excitability in the acute stage of LBP is a cause of chronic pain. Interventions designed to increase somatosensory cortex excitability in acute LBP may be relevant to the prevention of chronic pain.
doi:10.1101/2021.02.18.21251719 fatcat:a6yh2kuesvby7cy6qfc2zjni4u | ESSENTIALAI-STEM |
• Topic
• Discussion
• VOS.VOSIndex(Last) -- DAVWikiAdmin? , 2017-06-13 05:46:33 Edit WebDAV System Administrator 2017-06-13 01:46:33
Virtuoso Open-Source Edition
What's New
2016-04-24: Virtuoso 7.2.4 Released, Open Source and Commercial Editions
Virtuoso 7.2.4 includes various enhancements and bug fixes. Significantly updated areas include the main Virtuoso Engine; SPARQL functionality; JDBC, Jena, and Sesame providers and functionality; the Faceted Browser; the Conductor; WebDAV functionality; and the DBpedia VAD.
Learn more about Virtuoso 7.2.4... or download it now, either Open Source or Commercial Edition!
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2015-06-24: Virtuoso 7.2.1 Released, Open Source and Commercial Editions
Virtuoso 7.2.1 includes various enhancements and bug fixes. Important enhancements include new support for xsd:boolean and timezone-less xsd:dateTime, and significantly improved compatibility with the Jena and Sesame Frameworks.
2015-02-11: Virtuoso 7.2.0 Released, Open Source and Commercial Editions
Virtuoso 7.2.0 includes various fixes and improvements including loosely-coupled SSL/TLS, improved LDP support, WebDAV access to 3rd party storage services, file system hosted virtual tables, loosely-coupled Sponger Middleware services, SPARQL-FED remote service evaluation.
2013-12-10: New VOS 6.1.8 Released (likely final update of v6)
Virtuoso 6.1.8 includes improvements in the engine; SPARQL compiler optimisations; improvements in client RPC layer; performance improvements in Jena and Sesame providers; new Conductor WebDAV user interface; improved navigation controls for the Faceted Browser.
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Potential role for phosphatidylinositol transfer protein (PITP) family in lipid transfer during phospholipase C signalling
Shamshad Cockcroft, Kathryn Garner
Research output: Contribution to journalReview articlepeer-review
20 Citations (Scopus)
Abstract
The hallmark of mammalian phosphatidylinositol transfer proteins (PITPs) is to transfer phosphatidylinositol between membrane compartments. In the mammalian genome, there are three genes that code for soluble PITP proteins, PITPα, PITPβ and RdgBβ and two genes that code for membrane-associated multi-domain proteins (RdgBαI and II) containing a PITP domain. PITPα and PITPβ constitute Class I PITPs whilst the RdgB proteins constitute Class II proteins based on sequence analysis. The PITP domain of both Class I and II can sequester one molecule of phosphatidylinositol (PI) in its hydrophobic cavity. Therefore, in principle, PITPs are therefore ideally poised to couple phosphatidylinositol delivery to the PI kinases for substrate provision for phospholipases C during cell activation. Since phosphatidylinositol (4,5)bisphosphate plays critical roles in cells, particularly at the plasma membrane, where it is a substrate for both phospholipase C and phosphoinositide-3-kinases as well as required as an intact lipid to regulate ion channels and the actin cytoskeleton, homeostatic mechanisms to maintain phosphatidylinositol(4,5)bisphosphate levels are vital. To maintain phosphatidylinositol levels, phospholipase C activation inevitably leads to the resynthesis of PI at the endoplasmic reticulum where the enzymes are located. Phosphatidic acid generated at the plasma membrane during phospholipase C activation needs to move to the ER for conversion to PI and here we provide evidence that Class II PITPs are also able to bind and transport phosphatidic acid. Thus RdgB proteins could couple PA and PI transport bidirectionally during phospholipase C signalling.
Original languageEnglish
Pages (from-to)280-91
Number of pages12
JournalAdvances in Biological Regulation
Volume53
Issue number3
DOIs
Publication statusPublished - Sept 2013
Externally publishedYes
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Das Boot (song)
"Das Boot" ("The Boat") is the title theme to the film and TV series Das Boot, composed and produced by Klaus Doldinger, and released as a single in 1981. In 1991, the song was covered by German DJ and producer Alex Christensen and his dance music project U96. This techno version was U96's debut single, released by Polydor from the album of the same name (1992).
On the German Singles Chart, the U96 version of "Das Boot" spent 13 weeks at number one in early 1992. It also became a number-one hit in Austria, Israel, Norway and Switzerland and entered the top 10 in Denmark, Finland, France, the Netherlands and Sweden. In the UK, it peaked at number 18 on the UK Singles Chart. The song was the subject of many remixes throughout the years.
Critical reception
Ian Gittins from Melody Maker complimented the song as a "portentous novelty house hit", "complete with marine sound effects, submarine noises and the legendary lyric Techno, techno". He concluded, "Compelling and absurdly addictive." Pan-European magazine Music & Media remarked, "With no significant airplay, this techno version of the theme to the movie Das Boot is number one for the second consecutive week in Germany. It's like Kraftwerk on acid, or plain Front 242." James Hamilton from Music Week's RM Dance Update wrote, "This Hamburg based DJ's vocoder produced and Asdic pinged techno treatment of Klaus Doldinger's original theme is in basic chugging 0-122.9bpm Techno (with beat losing edits midway), far fiercer smoothly thrumming electro 0-127.1bpm Strings 127, Accordian, Echo Mix, 127 BPM and — fiercest of all — 0-130.9bpm 131 BPM versions. Dive! Dive! Dive!"
Chart performance
"Das Boot" peaked at number one in Germany, Norway and Switzerland. In Germany, it spent 13 weeks atop the chart. The single also entered the top 10 in Belgium (7), Denmark (3), Finland (9), France (9), the Netherlands (3) and Sweden (5), as well as on the Eurochart Hot 100, where it reached number three in May 1992, after 17 weeks within the chart. Additionally, "Das Boot" peaked within the top 20 in Ireland (19) and the United Kingdom. In the latter, it debuted at number 37, and peaked at number 18 in its third week on the UK Singles Chart, on 6 September 1992. Outside Europe, the single was a huge hit in Israel, where it peaked at number-one in April 1992.
"Das Boot" was awarded with a gold record in Austria, with a sale of 25,000 singles.
Music video
The accompanying music video for "Das Boot" was directed by Peter Claridge. It used footage from the 1981 German submarine film Das Boot, directed by Wolfgang Petersen. When the song peaked at number one in Germany, the video had not yet been produced.
Track listings
* 7-inch single
* 1) "Das Boot"
* 2) "Das Boot" (Mickey Finn full version)
* 12-inch maxi
* 1) "Das Boot" (techno version) – 5:14
* 2) "Tiefenrausch" – 4:18
* CD maxi
* 1) "Das Boot" (techno version) – 5:14
* 2) "Tiefenrausch" – 4:18
* 3) "Das Boot" (trigger version) – 5:14
* Cassette
* 1) "Das Boot" (techno version) – 5:14
* 2) "Das Boot" (trigger version) – 5:14
* CD maxi – Remixes
* 1) "Das Boot / Kennedy" (Megamix – I Wanna Be a Kennedy) – 6:14
* 2) "Sonar Sequences – 6:13
* 3) "Das Boot" – 3:25
* CD maxi – 2001 remixes
* 1) "Das Boot 2001" (radio edit) – 3:41
* 2) "Das Boot 2001" (DJ Mellow-D remix) – 8:22
* 3) "Das Boot 2001" (Cosmic Gate remix) – 7:41
* 4) "Anthem 2001" – 3:19
* 12-inch maxi – 2001 remixes
* 1) "Das Boot 2001" (Cosmic Gate remix) – 7:41
* 2) "Das Boot 2001" (DJ Errik remix) – 8:05
* 3) "Das Boot 2001" (Schiller remix) – 8:23
* 4) "Das Boot 2001" (Avancada remix) – 8:12
* D72 Remix
* 1) "Das Boot V2" (D72 Extended Remix) - 6:26 | WIKI |
Page:Scaramouche.djvu/71
Rh "The Marquis de La Tour d'Azyr said of him that he had too dangerous a gift of eloquence. It was to silence his brave voice that he killed him. But he has failed of his object. For I, poor Philippe de Vilmorin's friend, have assumed the mantle of his apostleship, and I speak to you with his voice to-day."
It was a statement that helped Le Chapelier at last to understand, at least in part, this bewildering change in André-Louis, which rendered him faithless to the side that employed him.
"I am not here," continued André-Louis, "merely to demand at your hands vengeance upon Philippe de Vilmorin's murderers. I am here to tell you the things he would to-day have told you had he lived."
So far at least he was frank. But he did not add that they were things he did not himself believe, things that he accounted the cant by which an ambitious bourgeoisie—speaking through the mouths of the lawyers, who were its articulate part—sought to overthrow to its own advantage the present state of things. He left his audience in the natural belief that the views he expressed were the views he held.
And now in a terrible voice, with an eloquence that amazed himself, he denounced the inertia of the royal justice where the great are the offenders. It was with bitter sarcasm that he spoke of their King's Lieutenant, M. de Lesdiguières.
"Do you wonder," he asked them, "that M. de Lesdiguières should administer the law so that it shall ever be favourable to our great nobles? Would it be just, would it be reasonable that he should otherwise administer it?"
He paused dramatically to let his sarcasm sink in. It had the effect of reawakening Le Chapelier's doubts, and checking his dawning conviction in Andre-Louis' sincerity. Whither was he going now?
He was not left long in doubt. Proceeding, André-Louis spoke as he conceived that Philippe de Vilmorin would have spoken. He had so often argued with him, so often attended | WIKI |
Wikipedia:Requests for feedback/2011 September 7
Removed Amazon link
Fkdcampo (talk) 02:07, 7 September 2011 (UTC)
Monterrey's Casino Royale Massacre
Varlaam (talk) 05:06, 7 September 2011 (UTC)
* Comment. This article should be merged into 2011 Monterrey casino attack.
* Why merge - the info is exactly the same - why not just redirect this title to that one? Ma ®© usBr iti sh [talk] 09:44, 7 September 2011 (UTC)
http://en.wikipedia.org/wiki/St_Aloysius%27_High_School,_Kanpur
Hi I have used the Website, Alumni website as the source for this article, however the content is purely written by me.
Sumiljalota 07:49, 7 September 2011 (UTC)
Santi Visalli
I would appreciate feedback on this new article.
IvonV (talk) 14:01, 7 September 2011 (UTC)
http://en.wikipedia.org/wiki/Special:Contributions/Rcnathan
I have prepared an article about Sainik Samachar. There is no mention about Sainik Samachar in Wikipedia. Hence this attempt. Kindly read the article and give your comments. This may help to get the article approved for publication. Chidambaranathan
Rcnathan (talk) 14:08, 7 September 2011 (UTC)
User:1st4pets/Derivatives of vegetable origin
If anyone has any addition information on this I would be very grateful.
1st4pets (talk) 15:02, 7 September 2011 (UTC)
Where The Boys Aren't
I added the AVN-Award winning series Where The Boys Aren't. It has been nominated for multipe awards over the years and has features some of the most famous porsntas of the last 25 years. For these reasons, I find the page to to be notable, but welcome any and all opinion/criticism.
TheOneQ (talk) 15:32, 7 September 2011 (UTC)
Lewis M. Eisenberg
Hello again, looking for general critique of this article prior to perm posting. Lewis M. Eisenberg is a NY based financier well noted for his involvement with 9/11 and national politics. Your editorial time is greatly appreciated. R Suximei (talk) 16:26, 7 September 2011 (UTC)
* ✅ Ma ®© usBr iti sh [talk] 12:22, 13 September 2011 (UTC)
* You need to read Biography of Living Persons and create a more neutral tone, it reads a bit too much like flattery in places.
* Please make sure his WP:notability is clearly established, through independent sources.
* There are 7 "quotes" near the bottom - every single one needs citing via reliable sources, to account for them clearly.
* Several of your External links are already in the References and do not need repeating - most duplicates are nytimes links.
* Your References and External links should be fully formatted, to be fully visible and to prevent link rot, preferably using the cite web template.
* Please see Manual of Style if you need help styling the article to meet quality standards. Note:
* Headings need to only use upper case for first word, names and proper nouns.
* You don't need to use <br /> after paragraphs, just double space, wiki will do the rest.
* Please use ndashes or a colon between dates and quotes, rather than hypens.
thank you Ma®©usBritish, getting to work now R Suximei (talk)
http://www.carnaticdarbar.com/news/201101/20110620.asp
Sudha Jagannathan (talk) 18:01, 7 September 2011 (UTC)
Randy_Gilkey
The article/subject does meet all requirements for a notable wika subject. Just wanted to get it verified
Dryhillmusic (talk) 18:50, 7 September 2011 (UTC)
* ✅ Ma ®© usBr iti sh [talk] 12:50, 13 September 2011 (UTC)
* I'm afraid I disagree - I do not believe it contains enough reliable sources. At the moment there are 3 local newspaper articles, which are generally not wholly-independent as they serve the community interest. Needs more national interest to establish WP:notability. See also Biography of Living Persons for detailed advice on writing a biographical article.
* If you should be citing anything, it should be these second paragraph claims: "Gilkey's better known instrumentation can be found on albums by artists such as..." and "Randy has also shared the stage and played with many notable acts such as..." - as these are highly open to being challenged without credible references to support them.
* Someone has tagged the article as it does not yet meet wiki's quality standards.
David Bianco
Simply looking for some feedback on a new article. Any help is appreciated :)
Newmediamaven (talk) 21:01, 7 September 2011 (UTC)
Toni Gilbert
Is this page clear on the studies and developments this author has made within the Holistic community.
Sarajaju (talk) 21:36, 7 September 2011 (UTC)
Phil 'Fang' Volk
This article (my first ever) is about Phil 'Fang' Volk, bassist for the '60s group Paul Revere and the Raiders. I would just like some overall critique of both style and substance. I must disclose that I have met Phil Volk (once last summer), but am writing the article as a fan of over 40 years. I work in an elementary school library, so I hope that my sources are adequate! It would be embarrassing if they weren't. I have other bits of information to add, including a discography and category links at the end of the article. I am in the process of getting consent for photo use. Any constructive criticism would be welcome. I tried my best to adhere to all the rules, but am afraid at times I was a bit overwhelmed. Thanks in advance for your help and patience with this novice! MommieOD (talk) 01:46, 8 September 2011 (UTC) | WIKI |
contrafforte
Etymology
From.
Noun
* 1) spur (of rock)
* 2) buttress
* 3) counter (in footwear) | WIKI |
Metal-organic framework based mixed matrix membranes: A solution for highly efficient CO2 capture?
Beatriz Seoane, Joaquin Coronas, Ignacio Gascon, Miren Etxeberria Benavides, Oʇuz Karvan, Jürgen Caro, Freek Kapteijn, Jorge Gascon Sabate*
*Corresponding author for this work
Research output: Contribution to journalReview articlepeer-review
635 Scopus citations
Abstract
The field of metal-organic framework based mixed matrix membranes (M4s) is critically reviewed, with special emphasis on their application in CO2 capture during energy generation. After introducing the most relevant parameters affecting membrane performance, we define targets in terms of selectivity and productivity based on existing literature on process design for pre- and post-combustion CO2 capture. Subsequently, the state of the art in M4s is reviewed against these targets. Because final application of these membranes will only be possible if thin separation layers can be produced, the latest advances in the manufacture of M4 hollow fibers are discussed. Finally, the recent efforts in understanding the separation performance of these complex composite materials and future research directions are outlined.
Original languageEnglish (US)
Pages (from-to)2421-2454
Number of pages34
JournalChemical Society Reviews
Volume44
Issue number8
DOIs
StatePublished - Apr 21 2015
ASJC Scopus subject areas
• Chemistry(all)
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Page:Hermione and her little group of serious thinkers (1923, c1916).djvu/145
THE SPIRIT OF CHRISTMAS
SN'T the Christmas festival just simply wonderful?
For days beforehand I feel so uplifted—so, well, other-worldly—if you know what I mean.
Isn't it just dreadful that any material considerations have to spoil such a sacred time?
It does seem to me that somehow we might free ourselves of worldliness and greediness and just rise to the spiritual significance of the day. If only we could!
And what a blessing it would be to the poor, tired shop girls if we could!
Though, of course, they, the shop girls, I mean, must be upheld even in their weariest moments by the thought that they are helping on the beautiful impulse of giving!
When they reflect that every article they sell is to be a gift from one thoughtful and loving heart to another they must forget the mere fatigue of the flesh and just feel the stimulus, the inspiration, the vibration!
There are gifts, I admit, that haven't the divine [131] | WIKI |
User:Lee E Harding/Taxonomy of rangifer
Soon I will post thoughts on Taxonomy of Rangifer, which may morph into a new Wikipedia article, as some reviewers/editors have suggested.-LEH | WIKI |
Wikipedia:Articles for deletion/RFL President's Cup
The result was no consensus. King of ♥ ♦ ♣ ♠ 06:41, 27 January 2019 (UTC)
RFL President's Cup
* – ( View AfD View log Stats )
There's no indication that the cup is notable. Sources largely are not independent, not reliable, or don't cover the competition in any detail; most are WP:ROUTINE game reports. Multiple sources don't even confirm the specific statements they're cited for. Major parts of the prose don't come with any sources whatsoever, indicating original research, the removal of which would amount to practically blanking the page. Huon (talk) 19:26, 28 December 2018 (UTC)
* Note: This discussion has been included in the list of United Kingdom-related deletion discussions. CAPTAIN RAJU (T) 19:53, 28 December 2018 (UTC)
* Note: This discussion has been included in the list of Sports-related deletion discussions. CAPTAIN RAJU (T) 19:54, 28 December 2018 (UTC)
* Keep - Well sourced article detailing multiple competitions featuring in an overall festival of rugby league.Fleets (talk) 02:52, 29 December 2018 (UTC)
* Comment - Fleets, how is this well-sourced? Please point out a single reliable third-party source that covers the competition in some detail (ie is not just a game report) and backs up the content in the article that it's cited for. Huon (talk) 13:33, 29 December 2018 (UTC)
* The 20 references and four external links. I'm not saying that the individual teams are inherently notable, but you will struggle to get the Telegraph to put on a match report for England Students v Lionesses. It is a history of an amateur set of competitions, with sources that are appropriate to that. No-one is saying this is the FA Cup, but it is appropriately sourced for what it is.Fleets (talk) 14:49, 29 December 2018 (UTC)
* I take it you haven't actually checked the sources. Having many footnotes and external links doesn't make something well-sourced. For example, references #6 and #9 are the same, and the source confirms neither of the two statements it's cited for. That's not the only problem by far. Huon (talk) 19:32, 29 December 2018 (UTC)
* Note: This discussion has been included in the list of Events-related deletion discussions. North America1000 22:22, 29 December 2018 (UTC)
Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, North America1000 05:51, 4 January 2019 (UTC)
Keep - Article is well sourced with a number of independent sources, including an independent weekly sports newspaper with a significant circulation - Rugby League & League Express - and its associated website. Additional sources from the newspaper will be provided shortly. Regional publications are also now cited.
The article has now had edits from a number of highly regarded Wikipedia editors, their adoption of which demonstrates the value of the article.
This competition is far more notable and better sourced than other sports' competitions that have extensive wikipedia coverage. Examples available on request. Feederdave (talk) 09:11, 4 January 2019 (UTC)
* Comment - I advise to check what the sources actually say. The page now cites the BBC, for example, but the BBC article doesn't mention this competition. Huon (talk) 22:24, 4 January 2019 (UTC)
* Comment Correct the BBC article references the move to Manchester for the England Women's squad. But not every citation needs to reference the competiton, in this example its adding credance to narrative of the evolution of the women's pathway. Feederdave (talk) 22:53, 4 January 2019 (UTC)
* Actually yes, sources need to reference the subject of the article. See WP:SYN and WP:COATRACK. Huon (talk) 23:10, 4 January 2019 (UTC)
* Its illustrating a different factual point. Not every source on wikipedia has the article title in it. Your earlier comment about sections of prose not being referenced conflicts your point now; this prose is now properly referenced but now you don't accept it?
As stated previously, there are thousands of less notable sports competitions with little to no independent sources of information on wiki. This competition IS notable on account of its status as being for national representative teams and the fact that is is referenced in multiple national and regional titles and web sources run by government departments (ministry of defence). Feederdave (talk) 23:35, 4 January 2019 (UTC)
* Regarding the other sports competitions, see WP:OTHERSTUFFEXISTS. And regarding the referecing of the content, what's written about the RFL President's Cup still isn't well-sourced. Example: "The women's competition was discontinued following the RFL revamping the international player pathway process and introducing a National Performance Programme with a focus on talent identification, player skill development, physical competences and the creation of a performance coaching environment in advance of the RFL opening a National Rugby League Centre in Manchester which will provide facilities for the England Women's team to train at." Neither of the sources mentions the President's Cup (or Association's Cup); thus they cannot say anything about the discontinuation of the women's competition. The remainder of that sample might be better-referenced but is off-topic. Huon (talk) 19:44, 5 January 2019 (UTC)
But the rest you have no issue with? Feederdave (talk) 20:36, 5 January 2019 (UTC)
* I have issues with pretty much the entire page. In case it's kept (which it should not be, IMO), I'll do some cleanup, ie removal of unsourced, unreliably-sourced and off-topic content. Nothing much will remain, as I said in the nominating statement above. Huon (talk) 21:02, 5 January 2019 (UTC)
Can you identify the sources you believe to be unreliable, so I can clarify for you? Feederdave (talk) 21:42, 5 January 2019 (UTC)
* As of the current revision, sources 1, 2, 5, 6, and 13 are clearly not reliable third-party sources. Passing mentions include sources 3, 4, and 7. Entirely irrelevant are sources 8, 9, and 10. Sources 11 and 12 don't say what they are cited for. All others are WP:ROUTINE game reports that do not discuss the Cup itself.
Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, Michig (talk) 06:53, 12 January 2019 (UTC) Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, 78.26 (spin me / revolutions) 04:12, 20 January 2019 (UTC)
| WIKI |
How to maintain a good oral health
Chew sharp, hard, and brittle food in small amounts to reduce oral mucosal trauma.
Sharp, hard, and brittle foods, such as hickory nuts, almonds, melon seeds, etc., are more likely to cause traumatic lesions of the oral mucosa, such as traumatic blood blisters, oral ulcers, etc. Therefore, when eating, it is recommended to chew slowly while taking small bites. Wealth luck is "horizontal", brushing your teeth should not be "horizontal". When brushing your teeth, you should move up and down, not sideways. Brushing horizontally not only fails to remove the food residue in the gap between the teeth, but also easily causes defects on the outer surface of the teeth, which in turn leads to "cracking" of the entire tooth.
Stronger brushing forces cause more damage to the teeth.
It is not better to brush your teeth with more force. Excessive force will cause excessive friction between the bristles and the tooth surface. Over time, the surface of the tooth tissue will be damaged by the bristles, resulting in tooth damage.
Take good care of your teeth. It can accompany you until you are 80 years old.
In fact, human beings do not necessarily lose their teeth when they get old. If you take good care of your teeth, you can live and eat into old age. Brush your teeth carefully in the morning and evening, floss every day, have your teeth cleaned and have an oral examination every year. You can have 20 teeth at the age of 80.
Use dental floss instead of toothpicks.
Food stuffed between our teeth is always a nuisance, and despite our dexterous tongues, there are a few things we're good at. Like licking it, but not reaching it. At this time, we can try dental floss or dental flosser, which can clean the plaque between the teeth while scientifically flossing. There are gaps in the natural teeth themselves. This is more than enough to pass through a piece of dental floss. Therefore, there is no need to worry about the gap between the teeth being enlarged by dental floss. Be careful not to pick your teeth with low-quality bamboo sticks, which are easy to puncture the gums, and long-term use may also cause gum recession.
After eating sweets, remember to brush your teeth.
Candy, candied fruit, and cola are all foods with a high sugar content. Not only do they make you fat, but they often cause tooth decay. Eat snacks in moderation. Try to reduce the frequency of eating sugar, brush your teeth in the morning and evening, and stop drinking drinks after brushing your teeth at night.
Get rid of bad breath by brushing your tongue while brushing your teeth.
The source of bad breath is mainly "odor-producing bacteria" in the mouth. They often gather in all kinds of corners in your mouth. They are especially common at the back of the tongue. After we brush our teeth, we can lightly brush the back of the tongue with a toothbrush a few times, which can greatly reduce the accumulation of excessive "odor-producing bacteria" and reduce the occurrence of bad breath.
To protect your teeth and gums on a daily basis, explore further Aromatic Global’s all-natural https://aromaticglobal.shop/collections/arak-sewak | ESSENTIALAI-STEM |
Generation and graphical presentation of discrete-time signals with MATLAB
0
3910
MATLAB is very helpful tool in signal analysis processing. Discrete-time or digital signals are implemented in the form of arrays (vectors) of values representing for example signal amplitudes. Plotting the signal information in time and/or frequency domain are often used for signal analysis and can be quickly implemented with MATLAB.
In the following several discrete-time signals are given in mathematical notation.
We generate a signal vector (array) for each signal. For better visualisation, a graphical plot for each signal is produced, showing the signal in time domain (horizontal axis = index (n) axis, vertical axis = amplitudes x[n]). Here, an important thing to consider is that the Signal x3[n] has complex amplitude values!
The above code can be extended in order to compute the spectral representation by using the Fast Fourier Transform (FFT) of each signal and to show the amplitude and phase spectrum of each signal. In order to determine the FFT, we use the MATLAB command: fft
As you may have noticed that the spectrum X[k] is in general complex! Hence, the information should be visualised as amplitude spectrum (showing the absolute value of X[k]) and phase spectrum (showing the angle, i.e. the phase information of X[k]). Furthermore, we scale the amplitude spectrum by 1/N in order to get values of Fourier coefficients.
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Retrieve Views and Submit Forms with Ajax, JQuery and MVC
In my previous post I was using Ajax to retrieve Json data and update the DOM using JavaScript. While this is pretty useful you will often find your application quickly becomes JavaScript-heavy and difficult to maintain. I’m going to illustrate using JQuery and the MVC Ajax libraries to simplify this process.
Retrieving a view using Ajax
The first thing I’m going to do is to change the view I did in my last post. Instead of retrieving Json and manually updating the DOM using JavaScript I’m going to use partial views. This way the difficult work gets done on the server and is less error-prone and easier to maintain.
The first step is to split my view into a number of partial views and introduce placeholders for the details and comments that I load once a widget is selected.
<h2>Select a Widget</h2>
<div id="widgetsDiv">
<% Html.RenderPartial("Widgets", Model); %>
</div>
<br />
<h2>Details</h2>
<div id="widgetDetailsDiv"></div>
<h2>Comments</h2>
<div id="widgetCommentsDiv"></div>
I now want to be able to update the list of widgets via Ajax. Because I put the list into a partial view I simply need to add another action on my controller for retrieving this partial view.
[AcceptVerbs(HttpVerbs.Get)]
public ActionResult GetWidgets()
{
return PartialView("Widgets", widgetService.GetWidgets());
}
The last step is to call this action with JQuery and update the DOM.
jQuery.get(rootPath + "Example/GetWidgets", function(response) {
$("#widgetsDiv").html(response);
});
I can load the details and comments in a similar fashion.
jQuery.get(rootPath + "Example/WidgetDetails?widgetId=" + selectedWidgetId, function(response) {
$("#widgetDetailsDiv").html(response);
});
jQuery.get(rootPath + "Example/WidgetComments?widgetId=" + selectedWidgetId, function(response) {
$("#widgetCommentsDiv").html(response);
});
Which is really very simple. Now let’s allow the user to add widgets.
Form submission using Ajax
To allow adding widgets I created a simple form to handle the data entry. The only tricky bit is that I want to submit this form using Ajax. I’m going to use the built-in MVC Ajax libraries to submit the form.
<% using (Ajax.BeginForm("Add", "Example", new AjaxOptions { HttpMethod = FormMethod.Post.ToString(), OnComplete = "widgetAdded" } )) { %>
<label>Name:</label>
<input type="text" id="Name" name="Name" />
<label>Attribute:</label>
<input type="text" id="Attribute" name="Attribute" />
<input type="text" id="Value" name="Value" />
<label>Comment:</label>
<input type="text" id="Comment" name="Comment" />
<input type="submit" value="Add" />
<% } %>
It’s possible to do this with JQuery but I find it much easier with the MVC Ajax libraries. Now we simply need to refresh the list of widgets in the OnComplete method (using the routing I showed earlier) and we’re done.
Happy coding. | ESSENTIALAI-STEM |
muscle dysmorphia
Noun
* 1) A disorder in which a person becomes obsessed with the idea that they are not muscular enough.
Translations
* Finnish: lihasdysmorfia
* Hungarian: izomdiszmorfia
* Turkish: kas dismorfisi | WIKI |
Sweden national ringette team
!align=center style=background:Yellow |Seniors
!align=center style=background:Yellow | Juniors
!align=center style=background:Yellow | Juniors
The Sweden national ringette team (Sverige ringette landslaget), more commonly known as "Team Sweden", is the ringette team representing Sweden internationally. Sweden has both a senior national ringette team and a junior national ringette team. Both Team Sweden Senior and Team Sweden Junior are overseen by the Sweden Ringette Association (SRA), (Svenska Ringetteförbundet) and compete in the World Ringette Championships (WRC). The SRA is a member of the International Ringette Federation (IRF). Sweden's first appearance in international ringette took place at the second World Ringette Championships in 1992. Team USA is Team Sweden's arch-rival with both teams competing in the President's Pool against Team Czech.
Though Sweden joined the IRF in 1986, which at the time was known as the "World Ringette Council", the Sweden Ringette Association was not formed until 1994, then was elected as an associate member of the Swedish Sports Confederation in 2003.
History
Team Sweden (now Team Sweden Senior) made its international ringette debut in 1992 at the second World Ringette Championships (WRC) in Helsinki, Finland, where the 1992 Sweden team finished in sixth place. At the time there was only one division where athletes could compete and was reserved strictly for women.
While the World Junior Ringette Championships first began in 2009 and occurred again in 2012, Sweden never sent a junior team to compete at either world tournament. The world junior tournament merged with the world championship program for senior teams in 2013 where world titles for a Senior Pool, Junior Pool, and President's Pool were contested. There was an exception in WRC 2016 whereby the Team Sweden Senior competed the Senior Pool and Team Sweden Junior competed in the Junior Pool.
Sweden's first junior national team (U19) was formed in 2016 and competed in the 2016 World Ringette Championships. They did not compete in 2017 and have yet to return to the world stage.
Team Sweden Senior
Team Sweden (Senior) made its world debut at the second World Ringette Championships (WRC) in 1992. The senior team has competed in every WRC with the exception of the world competition's inaugural year in 1990, the 1998 World Ringette Championships which was replaced by a 1998 Summit series between Team Canada and Team Finland, and the 2021 World Ringette Championships when the tournament was cancelled due to Covid-19.
1998 Seniors
The 1998 World Ringette Championships were initially meant to be held in Moncton, New Brunswick, Canada. Instead a promotional five game ringette "Summit Series" tour of Europe was organized with a series of games between a Team Canada, and Team Finland between February 27 and March 7, 1998. Team Sweden Senior did not compete that year.
Team Sweden Junior
Team Sweden Junior (U19) made its first world appearance at the 2016 World Ringette Championships in Helsinki, Finland. However, Sweden has yet to field another junior national team and has not returned to the world stage as of yet. | WIKI |
Rudy York
Preston Rudolph York (August 17, 1913 – February 5, 1970) was an American professional baseball player, coach, scout, and manager. He played in Major League Baseball as a catcher and a first baseman between and, most notably as a member of the Detroit Tigers.
A seven-time All-Star, York broke Babe Ruth's record by hitting 18 home runs in a single month – a feat he accomplished as a rookie in 1937. In 1943, he led the American League with 34 home runs, 118 RBIs, a .527 slugging percentage, and 301 total bases. He was the starting first baseman and leading slugger for the Detroit team that won the 1945 World Series. Between 1937 and 1947, York led the major leagues in home runs (277), RBIs (1,143), and total bases (2,838).
He also played for the Boston Red Sox, Chicago White Sox and the Philadelphia Athletics. After his playing career, he worked from 1951 to 1964 as a professional baseball manager, coach, and scout. He was the batting coach for the Boston Red Sox for four years from 1959 to 1962, including one game in July 1959 in which he acted as the team's interim manager. He was posthumously inducted into the Michigan, Georgia, and Alabama Sports Halls of Fame.
Early years
York was born in 1913 in Ragland, Alabama, but the family moved to Georgia when York was a young boy. York's father, Arthur, had only sporadic contact with the family. His mother, Beulah (Locklear) York, worked in Georgia's textile mills and raised York and his four siblings. His maternal great-grandmother Elizabeth Jane Barrett (Meadows) was a full-blooded Cherokee.
In the late 1920s, York's mother moved the family to a mill town operated by the American Textile Company (ATCO) on the outskirts of Cartersville, Georgia. York joined his mother working at the mill and became the star player on the ATCO baseball team from 1930 to 1933.
Minor leagues (1933–1936)
York began playing professional baseball at age 19. During the 1933 season, he played three games with the Knoxville Smokies of the Southern Association, 12 games with the Shreveport Sports of the Dixie League, and 15 games with the Beaumont Exporters of the Texas League.
York continued to work his way through the minor leagues in 1934, playing for Beaumont and the Fort Worth Cats of the Texas League. He was briefly called up to the Detroit Tigers late in the season, appearing in three games in which he had one hit in six at bats.
In 1935, York played 148 games at first base for Beaumont, compiled a .301 batting average, led the league with 29 home runs and 114 RBIs and was selected as the Most Valuable Player in the Texas League. Despite his solid performance in the Texas League, there was no room for him in Detroit as Hank Greenberg played 152 complete games at first base and led the American League with 36 home runs and 168 RBIs.
Greenberg missed most of the 1936 season with a broken wrist, but the Tigers traded for Jack Burns rather than calling up York. While Burns hit .283 with four home runs in Detroit, York played first base for the Milwaukee Brewers of the American Association. He appeared in 157 games, hit .334 with 37 home runs, and was selected as the Most Valuable Player in the American Association.
Detroit Tigers (1937–1945)
York finally spent a full season with the Tigers in 1937. With Greenberg recovered from his injury, York had to look to other positions for playing time. He appeared in 104 games, beginning at third base for 41 games and then moving to catcher for 54 games. He compiled a .307 batting average and a .651 slugging percentage with 35 home runs and 101 RBIs in just 375 at bats. His ratio of 10.7 at bats per home run led the American League, and his .651 slugging percentage ranked third. He hit 18 home runs and collected 35 RBIs in the month of August, breaking the major league records previously held by Babe Ruth and Lou Gehrig. Defensively, York was not as strong; his 12 passed balls led the league, and his nine errors in just 54 games at catcher ranked third in the league.
In 1938, York returned as the Tigers' catcher for 116 games and also played 14 games in left field. He hit .298, was selected for the All-Star team, and ranked among the American League leaders with 33 home runs (third), 128 RBIs (third), and a .579 slugging percentage (fifth). Defensively, he again led the league with 10 passed balls, but also ranked among the league's leading catchers with 70 assists (second) and 10 double plays (third).
During the 1939 season, York shared catching duties with Birdie Tebbetts and started only 78 games – 67 at catcher and 11 at first base. Despite having only 376 at bats, he performed well at the plate with a .307 batting average, .544 slugging percentage, 20 home runs, and 68 RBIs.
Realizing that York was not best suited to the catcher position, and seeking to get his bat into the lineup on a full-time basis, the Tigers in 1940 shifted slugger Hank Greenberg from first base to left field, allowing York to return to his natural position at first base. The move proved successful as Greenberg and York each played 154 games and ranked highly among the league's batters in several key batting statistics: first and second in RBIs (150 and 134); first and second in total bases (384 and 343); first and second in doubles (50 and 46); and first and third in home runs (41 and 33). The power duo of Greenberg and York helped propel the Tigers to the American League pennant with a 90–64 record. In the 1940 World Series, the Tigers lost to the Cincinnati Reds as York batted .231 (6-for-26) with one home run and two RBIs. (On August 24, in the first game of a doubleheader in Boston, York received an unwanted distinction when his future teammate, slugger Ted Williams, was called in to pitch in a 12-1 Tigers rout. Williams struck out York looking, making York the only man Ted ever whiffed in a big-league game.)
The Tigers lost Greenberg to military service for the 1941 season, leaving York as the team's principal offensive weapon. Starting 155 games at first base for the second consecutive year, York received his second selection to the All-Star game. His batting average declined to .259, but he continued to hit for power with 27 home runs (including a three-home-run game on September 1st at Detroit) and 111 RBIs.
In 1942, York held out during spring training when the Tigers asked him to take a salary cut. In mid-March, he finally signed a contract providing a salary of approximately $9,000 with a $5,000 bonus if he collected 100 RBIs. He ended up hitting .260 with 21 home runs and 90 RBIs. In the 1942 All-Star Game, he hit a two-run home run in the first inning to propel the American League to a 3–1 victory over the National League.
York slumped badly at the plate for the first half of the 1943 season, drawing boos from the fans. Detroit sport writer H. G. Salsinger wrote at the time:"'York got away to a bad start and soon found himself in a severe slump. He went from bad to worse . . . His fielding became as bad as his batting and he appeared to be on the verge of a nervous breakdown . . . The crowds at Briggs Stadium were 'riding' Rudy. Few players in history have ever been 'ridden' harder. They booed him from the time his name was announced in the starting lineup until the last man was out. They booed him every time he came to bat, every time he went after a batted ball, every time he took a throw. The razzing didn't start this year. The fans were ‘aboard’ York last season. He took an unmerciful booing all through 1942, and the booing increased with the start of the present season.'" York rebounded in the second half of the 1943 season, hitting 17 home runs in August, and ended up leading the American League with 34 home runs, 118 RBIs, a .527 slugging percentage, 67 extra-base hits, and 301 total bases. He was selected to his fifth All-Star team and finished third in the voting for the American League Most Valuable Player award.
In 1944, York was selected to the All-Star team for the sixth year, and York ranked among the American League leaders with 18 home runs (third), 98 RBIs (fifth), and 256 total bases (eighth). He also ranked among the league leaders in several defensive categories, both positive and negative, with 17 errors at first base (first), 163 double plays turned at first base (first), 1,453 putouts at all positions (second), and a 10.45 range factor per nine innings at first base.
In 1945, he started 155 games at first base for the Tigers team that won the American League pennant and defeated the Chicago Cubs in the 1945 World Series. During the 1945 season, he ranked among the league leaders with 23 double plays grounded into (first), 18 home runs (second), 85 strikeouts (second), 87 RBIs (fourth), 246 total bases (fourth), and 48 extra-base hits (fifth). Defensively, he led all position players with a career-high 1,464 putouts. He also led the league's first basemen with 19 errors. In the 1945 World Series, he had five hits and three RBIs in 28 at bats.
On January 3, 1946, with the Tigers' planning to return Hank Greenberg to first base, the Tigers traded York to the Boston Red Sox for infielder Eddie Lake.
Boston Red Sox (1946–47)
In 1946, York started 154 games at first base for Boston and finished among the American League leaders with 1,326 putouts (first), 116 assists at first base (first), 154 double plays turned at first base (first), and 119 RBIs (third). He hit two grand slams in a game against the St. Louis Browns on July 27, 1947, as part of a 10 RBI day. The combination of York, Ted Williams, and Bobby Doerr helped lead Boston to the American League pennant. In the 1946 World Series against the St. Louis Cardinals, he hit a 10th-inning game-winning home run in Game 1 and another three-run, game-winning home run in the Game 3. Ultimately, St. Louis took the series four games to three.
In 1947, York started 48 games at first base for the Red Sox. On April 26, York escaped an early-morning fire in his Boston hotel suite caused when he fell asleep with a cigarette in his hand and liquor bottles strewn around. His batting average dipped to .212 with six home runs and 27 RBIs. By early June, York's poor hitting and inconsistent effort prompted The Boston Globe to publish an article titled, "What to Do About Big Rudy York?" On June 14, 1947, the Red Sox traded York to the Chicago White Sox in exchange for Jake Jones.
Chicago and Philadelphia (1947–48)
After the trade from Boston, York started 102 games at first base for the White Sox and compiled a .243 batting average with 15 home runs and 64 RBIs. On August 23, 1947, a fire broke out in York's Chicago hotel room, reportedly caused by a cigar that York left lit. York was unconditionally released by the White Sox in January 1948.
On February 12, 1948, two weeks after being released by the White Sox, York signed with the Philadelphia Athletics. He played in just 31 games, batting just .157. He appeared in his last major league game on September 20, 1948.
Return to the minors (1949)
After his major league baseball career ended, York continued to play when and where he could. It is believed that his playing career finally ended in 1952 when he batted .258 with two home runs for Benson-DeGraff in Minnesota's Class AA amateur Western Minny league.
Career statistics
In 13 major league seasons, York compiled a .275 batting average with 1,621 hits in 5,891 at-bats, a .483 slugging percentage, 291 doubles, 52 triples, 792 walks, 277 home runs, and 1,149 RBIs in 1,603 games. In three World Series he hit .221 (17-for-77) with three home runs and 10 RBIs. He was selected for the All-Star Game seven times. York's 239 home runs as a Tiger ranked second in franchise history until the 1960s and still ranks eighth all time. In each of the time he was in the top ten for walks (1938, 1940, 1941, 1943, 1944, 1946), he also ranked in the top five for strikeouts; in total, he also went in the top five for strikeouts three further times (1942, 1945, 1947) in strikeouts to make nine times.
With $1/8$ Cherokee ancestry and less-than-perfect fielding abilities, York prompted one sportswriter to declare: "He is part Indian and part first baseman". However, his defensive weakness may have been exaggerated. While he did lead the American League in errors by a first baseman in 1941, 1944, and 1945, he also led the league's first basemen in fielding percentage in 1947, in assists in 1942, 1943, and 1946, in putouts in 1946 and 1947, and in double plays turned in 1944 and 1946. And his range factor per game ranked among the top five in the league in 1940, 1941, 1942, 1944, 1945, 1946, and 1947.
Manager, coach and scout
York was a player-manager for the Youngstown/Oil City Athletics during the 1951 season. He hit 34 home runs and had 107 RBIs, but his record as manager was 19–64. He played for a semi-pro baseball team in 1952 and then obtained work outside baseball with the Georgia Forestry Commission in 1953. He returned to baseball as a scout for the New York Yankees in 1956. In June 1957, he was named by the Cleveland Indians as the manager of their North Platte team in the Nebraska State League.
In January 1958, York returned to the Boston Red Sox for a six-year association. He was first hired as a coach for the Memphis Chicks, the Bosox' Double-A affiliate. In 1959, he was promoted to the MLB Red Sox as the team's batting coach. On July 3, 1959, he served as Boston's acting manager for one game during the interim period between Pinky Higgins' firing and the hiring of Washington Senators coach Billy Jurges as Higgins' permanent successor. In York's one game as manager, the Red Sox lost to the Baltimore Orioles, 6–1.
In 1963, with the hiring of Johnny Pesky as Boston's manager, York lost his job as the team's batting coach. However, Red Sox owner Tom Yawkey decided not to let York go and assigned him to the coaching staff of the Reading Red Sox for the 1963 season.
In 1964, York concluded his managing career as the manager of the Statesville Colts, a joint affiliate of the Red Sox and the Houston Colt 45s in the Western Carolinas League. Hired by former Tiger teammate Paul Richards, he then was listed as a scout for the Houston franchise, renamed the Astros, in 1965.
Family, later years, and tributes
York married Violet Dupree (1913–1988) in 1931. They had three children: Mary Jane (York) Pruitt (born 1932); the Rev. Joe Wilburn York (born 1936); and Blanche (York) Hines (born 1940).
After retiring from baseball, York worked as a self-employed house painter in Cartersville, Georgia. He developed lung cancer and underwent surgery and radiation therapy in November 1969. He died in February 1970 at Floyd County Hospital in Rome, Georgia, at age 56. The cause of death was reported to be bacterial pneumonia. York was buried at Sunset Memory Gardens in Cartersville.
In 1972, the former Atco Field in Cartersville was renamed Rudy York Field. At the dedication ceremony, Gov. Lester Maddox unveiled a five-foot high marble monument and a bronze plaque honoring York.
York was posthumously inducted in the Michigan Sports Hall of Fame in 1972. His widow and three children all attended the induction ceremony in Detroit. York was also inducted into the Georgia Sports Hall of Fame in 1977, and the Alabama Sports Hall of Fame in 1979. | WIKI |
Richard Jenness and others v. Joseph M. Cutler.
January Term, 1874.
1. Usury: Amount of Recovery. In an action on a note and mortgage given for money loaned, it is not error for the court to render a personal judgment against the payee of the note for the amount of money actually received by him on said* loan, although the note may be tainted with usury, and the mortgage void.
2. -: Statutes: Construction: Contract Rights. Where a note was given, stipulating for usurious interest, under a statute under which all interest was forfeited for usury, and said statute was repealed before said note was sued on, and another statute was enacted in its place, authorizing contracts to be made for any rate of interest, but providing that only 12 per cent, interest per annum should be recovered in the courts, held, in an action brought on said note after said second statute was passed, that the statute under which said note was given governs; and all interest accruing on said note, or on the consideration for which said note was given, is forfeited, and the creditor can recover the principal only for which said note was given. [Ayres v. Probasco, 14 Kan. 187; School-district v. State, 15 Kan. 49; Challiss v. MeCrum, 22 Kan. 165.]
.3. -. An agreement made November 3, 1870, to pay interest from and after November 3, 1871, at the rate of 12 per cent, per annum, (the highest rate allowed by statute,) on a note given for money loaned, calling for $1,650, when the whole amount loaned was only $1,380, is usurious.
H. Principal and Surety: Extension of Time: Illegal Contract. It is ¡settled by an unbroken current of authority that where the creditor and principal debtor make a valid agreement for the extension of the time for the payment of a debt, without the consent of the surety, the surety will be discharged; but it is equally well settled that the agreement, to have such effect, must be valid and binding, and be founded upon a sufficient consideration. Therefore, under a statute which provides that “all payments of money or property, made by way of usurious interest, whether made in advance or not, shall be deemed and taken to be payments made on account of the principal,” where the creditor and principal debtor, after the debt has become due, make an agreement, without the knowledge or consent of the surety, that the time for the payment of said debt be extended for one year in consideration of the sum of one hundred dollars as a bonus over and above the highest rate of interest •allowed by law, paid, at the time of making said agreement, by the principal debtor to the creditor, said sum of one hundred dollars must, under said statute, be applied in part payment of the principal of said debt, the whole of which is already due; and therefore, there being no consideration for said agreement, the agreement is not binding, and the surety is not discharged. [Lathrop v. Davenport, 20 Kan. 287; Halderman v. Woodward, 22 Kan. 471; Hubbard v. Ogden, Id. 372; Prather v. Gammon, 25 Kan. 383.]
5. Homestead: Mortgage for Debt of Husband: Surety. Where a husband and wife, for the purpose of securing a debt of the ^husband, join in the execution of a mortgage on their homestead, the title to which being in the husband, the wife does not thereby become such a surety of her husband as to be entitled to all the rights and privileges of other sureties; and if her husband and tire holder of the mortgage enter into a valid agreement for the extension of the time for the payment of said debt for one year, such agreement will not destroy the validity of the morlgage. [Citizens’ Bank v. Bowen, 21 Kan. 363.]
[6.-: Wife’s Interest in. The interest or estate of the wife in the . homestead discussed.]
Error from Franklin district court.
Action by Cutler t.o foreclose a mortgage given by Jenness and wife to secure the payment of the following note:
“$1,650. Ottawa, Kansas, Nov. 3, 1870. •
“One year after date I promise to pay to the order of William E. Haxton sixteen hundred and fifty dollars, value received, payable at the banking-house of P. P. Elder & Co., Ottawa, with interest at the rate of 12 per cent, per annum after maturity, until paid.
“Bichard Jenness.”
The action was tried at the March term, 1873, of the district court. The court made separate findings of fact and conclusions of law. The conclusions of law are as follows:
CONCLUSIONS OF LAW I
“(1) The agreement to pay $1,650 in one year, for the sum of $1,380 received, was a usurious contract.
“(2) The note was not signed by Haxton to the plaintiff before maturity, within the meaning of the statute.
“(3) The extension of the time for the payment of $100 bonus by Richard Jenness to Haxton, after the maturity of the note, and without the consent of Sybil Jenness, the wife, did not release the security by mortgage.
“(4) The plaintiff can recover only the sum of $1,280 principal, and interest thereon at 12 per cent, per annum after maturity of the note.
“(5) The plaintiff is entitled to recover of and from defendant Richard Jenness, for principal and interest, the sum of $1,469.70, and also an attorney’s fee for $123, and to a decree against all the defendants for the foreclosure and sale of mortgaged premises.”
*Mason é Parkinson, for plaintiffs in error.
The plaintiffs here claim the judgment -below was erroneous and should be reversed, upon two grounds: (1) It was error to decree a foreclosure of the mortgage on the homestead; (2) it was error to compute interest on the promissory note set forth in the petition of the plaintiff below.
The issue on the first proposition is whether, as matter of law, a wife is entitled to the rights of a surety in a mortgage on the homestead executed by the husband and wife to secure a note made by the husband for his individual debt, and not incurred for the erection of improvements, or any tax, or the purchase money of the homestead. In this state, concerning the right to or the mode of incumbrance or conveyance of the homestead, it is immaterial whether the husband or wife is the grantee, and holds the legal title. The character of the estate or interest of the husband and wife, and each of them, depends upon its being a homestead, occupied as contemplated by law; and their rights are equivalent in the property while it is a homestead. Neither can solely dispose of or incumber the premises. Morris v. Ward, 5 Kan. *239; Dollman v. Harris, Id. *597. It is settled by reason and authority that a wife who joins with a husband in a mortgage of her own property to secure his debts, or the payment of money loaned to him, is the surety merely of her husband, and is entitled to all the rights and privileges of a surety. Yartie v. Underwood, 18 Barb. 561; Gahn v. Niemcewiez, 11 Wend. 312; Hawley v. Bradford, 9 Paige, 200; Oakley v. Aspinwall, 2 Sandf. Ch. 29; Grinnell v. Suydam, 3 Sandf. 135; Bank v. Burns, 46 N. Y. 170; Smith v. Townsend, 25 N. Y. 479. The principle of these authorities is fully sustained by the statutory enactments of this state, and we apprehend the laws of Kansas in behalf of married women are susceptible of no other construction concerning her separate property in such case. In connection with the foregoing authorities see Rose v. Williams, 5 Kan. *483; Rees v. Berrington, 2 Yes. Jr. 540; Ludlow v. Simond, 2 Caines, Cas. 57.
To properly decide the merits of this question, a more elaborate definition, if not consideration, is required of the homestead estate than has thus far been decided. Here the homestead is to be considered, not only as *a foundation of a unity of interest, but of respective rights as well; and the rights of husband and wife diverge into that of rights incidental to strangers, if either see fit to legally assert them. The homestead is classed, in various treatises on real estate, as an estate by marriage. In Kansas, however, it may or may not grow out of the marital relation.- The owner of a homestead, and head of a family, are not necessarily married persons, and may never have been married, to be entitled to the benefits of the exemption laws of this state. The homestead estate differs widely from the estates by marriage known to the common law. The estate by curtesy and dower only attaches after the determination of the coverture. If the relation of husband and wife exists, the interest or estate, whatever it may be, exists as to the homestead, except, perhaps, in some instances, where the wife has not resided in the state. Instead of it being an estate dependent on a contingency which may happen, and may be curtesy or dower, as the coverture may by the death of the husband or wife determine, the homestead estate is in the present, and not in future. In the two estates of curtesy and dower only the inchoate right exists during the coverture. In the homestead, not the right to the interest, but the estate, is in being. It depends not on any contingency, except the occupation of the premises by the family of the owner as required by the law. The circumstances which create the latter estate are- those which defeat the former estates by marriage, and acts might be performed under claim to curtesy or dower at the common law which would defeat the estate of the homestead if allowed. As to tenancy in common, the homestead is only analogous in that possession and seizure may be in common. In all other incidents there is no analogy. Yet if it is a joint tenancy, ora tenancy in common, assuredly Sybil Jenness is, upon the facts, discharged from all liability, as well as her property. While it is not such estate, we claim that in all essentials of right it is an estate which the magnitude given it by modern enactments entitle to ail the protection of other estates. The homestead is a species of estate unknown to the common law'. *Within the past score of years it has grown into being in the United States, and is now in some form, feature, or degree the law in more than two-thirds of the states. It is the great charter of security to the family and society, and the legitimate outgrowth of the ■civilization of the day. It is created and preserved by the constitution and the law of the times; and the construction of its elements, principles, and incidental rights can find no authority in the cramped spirit which pervaded the interpretation of estates at the common law. It must be viewed and defined in the light of the generation which gave it birth. It cannot have or possess principles in common with an age where all the legal rights in property of husband and wife were so different from that of the age in which we live, where the very enactment of the homestead law intends to contravene the rights hitherto conceded to the husband.
By the- common law, the husband, by marriage, acquired rights to-property, and the wife, while dispossessed of rights to personalty, lost the control of her lands, which was merged during the coverture in the husband. His-interest in her lands, because uncertain in duration, was regarded as a freehold, and that interest he could control, although the reversionary interest was in the wife. In Kansas, instead of acquiring rights to the property of the wife by marriage, he acquires neither property nor control during the coverture, but the-fundamental law of the state places the title and control of his own* lands (if it be a homestead) where he can exercise no right of alienation or incumbrance without the joint consent of the wife'; and, furthermore, the law of the state defines in express terms, in case of the survivorship of the wife, what it does not expressly define in the case of the survivorship of the husband. “The homestead shall be wholly exempt from distribution under the law of this state, and from the payment of the debts of the intestate, but shall be the absolute property of the widow and children,” etc. Gen. St. c. 33, § 2. The interest of Sybil Jenness, the wife, in the premises, is no uncertainty.. It is a fixed, vested estate, only limited in law *with that of the husband. Notwithstanding he may hold the legal title, it. is a species of estate created by the law, for the wise purpose heretofore referred to. Vested to that extent, no act of hers alone, or his alone, can divest it; and, lacking only in this, the right of a fee-simple, as it were, both husband and wife are necessary to convey the estate. In case of survivorship, however, she becomes with the children the owner of the absolute fee-simple. The interest of the-wife then is in prcesenti. To all intents and purposes of enjoyment of the estate, she is lawfully seized, and that interest can only be divested as the law contemplates it may be done. It is not a mere contingency in which she may acquire an estate, if a certain event-should occur.
It remains to be discussed whether, by the act of executing and delivering the mortgage in question, Sybil Jenness parted with her interest in the homestead, and is estopped from thereafter reclaiming her interest in the property. Except' that this is a homestead, not separate property, we see no difference in the facts, substantially, as-appeared in the case of Bank of Albion v. Burns, 46 N. Y. 170. The act which incumbered the separate property of the wife in that case w7as of the same character as at bar. ' If the premises here had been the separate property of Sybil Jenness, the act of alienation or ineumbrance would have been of no different or higher nature than the making of the mortgage in the facts found by the court. In either the mortgage was signed by the wife for the same purpose. Tn either the security was only created by the act of his wife to secure the debt of the husband, and without that signature the debt would simply be the debt of the husband, unsecured. If she was not a principal, then any act by which she created a liability on her part, or on her rights or property, could place her in no other position than that of a surety. The mortgage itself being a security, the maker of it not being a principal on the note, was a surety only. If the note was paid according to the terms of it, as it then stood, the mortgage was required to be canceled, .and in law and equity her rights were immediately restored. If she *signed the mortgage security as a surety, then she is entitled to all the rights and privileges as a surety. The right of a surety is strictissimi juris, although mere lapse of time will not discharge a surety. The holder of a promissory note makes at his peril a new and valid agreement or contract without the consent of the surety. With the facts before this court, the plaintiffs here are entitled to any rights against the holder of the note they could have asserted against the original payee. It was not negotiable paper transferred before maturity. It was an agreement, for a consideration then paid, to extend the time of payment, and the contract as it was originally made and originally secured ceased to exist. The creditor had placed himself where he couid not enforce the original contract, and the new agreement, if the note had been attempted to be collected before the period of the extension expired, could have been set up by the principal debtor and abated the suit. The debtor is not in equal wrong. He is entitled to any rights, in our view, that attach to any contract for which a consideration had been paid, and the creditor cannot take advantage of his own wrong in such case. La Farge v. Herter, 9 N. T. 241; Freeman v. Freeman, 43 N. T. 36; Moore’s Heirs v. Ridgeway, 1 B. Mon. 235. The valid agreement to extend the time estopped the holder of the note from his action on the original security at the time. As the record shows, the agreement was performed, and tbe suit not brought until the expiration of the extension, and it is too late for the usurious creditor to be benefited in his rights, when the contract is fully performed by the parties to it. If the lapse of time varied tbe risk, it was a variance of the contract, and should, discharge the surety. Waters v. Stewart, 2 Caines, Cas. 57.
If it is claimed the agreement to extend payment was void on the ground that the contract was usurious, we reply that the test of this question is whether the new agreement was of advantage to the debtor; whether it was an agreement by which he obtained any rights other than existed upon the original contract. It is true, a payment over and above the legal interest might be recovered back without interest, but there were rights he could enforce which the creditor could *not. If it was good for an extension of time as against the creditor, then- it was a good contract, and the consideration formed in law some consideration, and sufficient to the parties making that agreement. Whether the surety sustained loss or not by such contract, and even though benefited by the contract, she may take advantage of it. Gahn v. Niemcewicz, 11 Wend. 312. The facts as found by the court do not warrant the assumption that the latter agreement was usurious. The one hundred dollar payment was intended to be, as the fact is found, a consideration for extension of time; and the intention of the parties to the agreement ought to govern.
The note was made on the third of November, 1870, at a time when the transaction, if usurious, was entitled to no interest. Gen. St. c. 51. It should be governed by the law existing at the time it was made. It was not a mere inchoate right, derived under a statute, and therefore as a remedy likely to be taken away by subsequent legislation. The question is, was it a usurious contract when made? If so, the finding of interest was giving to a late statute a retrospective application in regard to an existing contract. If the interest is allowed because of the later contract, then it is error as against the rights of Sybil Jenness in the premises.
Welsh é Benson, for defendant in error.
The homestead exemption is a limited one. It extends to the general indebtedness of the owner; but as to the excepted cases, that is, to “liens given by consent of both husband and wife,” there is not and never was any exemption, and the common-law rule that subjects the debtor’s property to the payment of his debts must apply. Counsel for plaintiffs in error seem to assume that the exemption covers a case like this, and therefore that, when the year for which the mortgage was given expired, Mrs. Jenness was reinvested with her homestead rights, whether the mortgage was paid or not; that the mortgage was but a suspension of a vested right. The fallacy of this reasoning is shown in the fact that, when the lien is given by joint consent of husband and *wife, the case then falls within the exception, and as to such excepted case there is no exemption provided by constitution or statute. Olson v. Nelson, 3 Minn. 53, 59, (Gil. 22.)
If, then, the case is to be treated “as though the exemption never existed,” clearly Richard Jenness could contract for an extension of the time of payment without invalidating the mortgage security, since it is to be considered precisely the same as though it covered other than homestead lands, and the lien holds good until the mortgage is satisfied. 2 Pars. Cont. 219; Pomry v. Rice, 16 Pick. 22; Bemis v. Call, 10 Allen, 512.
The agreement to extend the time of payment was usurious and void, and a surety (if any there was) could not be released thereby. Yilas v. Jones, 1 N. Y. 274, 286; Meisminkle v. Jung, 30 Wis. 361; Ives v. Bosley, 35 Md. 262; Ives v. Bosley, 6 Amer. Rep. 411; Allen v. Jones, 8 Minn. 202, (Gil. 172;) Brown v. Harness, 16 Ind. 248. If it is still insisted that Mrs. Jenness was a surety, it is difficult to see' how she can avoid the operation of this principle. When Richard Jenness paid the $100 to extend the time of payment for one year, in addition to the interest stipulated in the note, the law was imperative that it should be held as a payment upon the principal. Applying this law to the fact, the case stands thus: Richard Jenness, on the third of November, 1871, paid on the note in controversy $100, for which he was entitled to a credit, and upon the trial of the case obtained such credit by decision of the court. Can it be urged that this transaction discharged Mrs. Jenness, who claims to be a surety, or the mortgage, in the execution of which she voluntarily joined? It would seem that, instead of prejudicing her rights, the payment was to her benefit, as releasing the incumbrance pro tanto. But Mrs. Jenness does not stand in the relation of a surety, as claimed by plaintiff in error. The lands in question were not her separate property. She merely consented to the giving of the lien upon her husband’s property in which she otherwise had homestead rights. The mortgage so given by “joint consent of husband and wile” was an actual conveyance of the fee, to be defeated only upon the performance of the condition named, viz., the payment of the debt. It was never paid. A surety is “one who is bound *with and for another.” Mrs. Jenness was not so bound. The full legal effect of her execution of the mortgage was a consent that her husband might incumber the property for the payment of his debt, thereby taking the homestead out of the general scope of the homestead exemption act, and bringing it within the exceptions named in said act.
We understand the allowance of interest after maturity, after deducting the amount paid by way of usurious interest, was correct under our statutes, and do not argue the proposition.
Where a wife executes a mortgage upon her own real estate for the purpose of securing the individual debt of the husband, she is surety of her husband to the extent of the property which she mortgages. Burtis v. Wait, 6 Pac. Rep. 783; Hubbard v. Ogden, 22 Kan. 363. See Randal v. Elder, ante, *267, and note.
See Leavenworth v. Stille, 13 Kan. 548. The right of the wife to maintain an action, 'during the life of her husband, to prevent its wrongful alienation or disposition under fraudulent judgments, determined. Busenbark v. Busenbark, 7 Pac. Rep. 245.
Valentine, J.
This was an action on a note and mortgage. The note was given by Richard Jenness to William E. Haxton, and assigned by Haxton, after due, to Joseph M. Cutler. The mortgage was given by said Richard Jenness and his wife, Sybil Jenness, to said Haxton, to secure the payment of said note. The note called for $1,650, was dated November 3, 1870, was due one year after date, and drew interest at the rate of 12 per cent, per annum after maturity. The mortgage was given on property belonging to Richard Jenness, and occupied by himself and wife as a homestead. The action was brought by Cutler against Jenness and wife. Jenness pleaded usury, and his wife pleaded that the mortgage was void. The trial was had before the court without a jury. The court found that the consideration for said note was $1,380 in money loaned by Haxton to Jenness, and that the other $270 of said note was for interest agreed to be paid by Jenness to Haxton for the use of said $1,380 for one year. The court also found that Jenness, on the third day of November, 1871, (the day on which said note became due,) paid to Haxton the sum of one hundred dollars, in consideration of which Haxton agreed to extend the time for the payment of said note for another'year. No other payment was made. Judgment was rendered April 17, 1873. If the judgment had been rendered in accordance with the contract between the parties, it would have been *rendered for $1,938.75; but, as the contract was tainted with usury, the court rendered judgment for only $1,469.70, $1,280 of which was for money actually received by Jenness, and the other $189.70 was for interest. This judgment was a personal judgment against Richard Jenness alone. The court also rendered judgment for an attorney’s fee, and for costs, and ordered that the mortgaged property should be sold to satisfy said judgment. But the defendants below, Jenness and wife, claim that said judgment is erroneous — “First, because no judgment of any kind should have been rendered against them, or either of them; second, because no judgment should have been rendered against Richard Jenness for any interest; third, because no judgment should have been rendered against them, or either of them, ordering the mortgaged property to be sold to satisfy said money judgment.”
1. The court below clearly did not err in rendering said personal judgment against said Richard Jenness for said sum of $1,280, however usurious the note may have been, and however void the mortgage may have been. A personal judgment is always rendered in foreclosure cases in this state, (Civil Code, § 399, amended by laws 1870, p. 175, § 13; Clemenson v. Chandler, 4 Kan. *558; Gillespie v. Lovell, 7 Kan. *423, *424;) and the most rigid and penal usury law that was ever enacted in Kansas would allow judgment to be rendered for said amount. It was the amount which Jenness had actually received from Haxton nearly two and one-half years prior to the rendering of said judgment, and for which he had paid no interest, and of which he had paid no portion. Whether any error was committed in rendering the judgment for said attorney’s fee or for costs does not appear from the record brought to this court. Therefore, as to the $1,280, and the attorney’s fee and the costs, the judgment of the court below must be affirmed.
2. Did the court below err in rendering judgment against Richard Jenness for interest on said $1,280 ? At the time said note was given, and at the time said $100 was paid, the statutes of Kansas did not authorize more than 12 per cent, interest per annum to be eontraeted for or paid on any *debt due, or to become due. Said statutes alsó provided, among other things, as follows: “Any person contracting, by promissory note, bill of exchange, bond, or otherwise, to receive a greater rate of interest than that allowed by this act, shall forfeit all interest, and shall recover no more than the principal of such note, bill, bond, or other contract.” Gen. St. 526, c. 51, § 4. The statute in force when this suit ivas commenced, and when this judgment was rendered, allowed parties to contract for any rate of interest they might choose, but did not allow the creditor to recover for more 'than the principal, and interest at the rate of 12 per cent.'per annum. Laws 1872, p. 284, c. 134. This latter statute took effect, and the prior statute was repealed, June 20, 1872. Now, which of these two statutes governs in this case? or does either or neither? or partly one and partly the other? For the .purposes of this case we shall assume that no person cah have a vested right in the privilege of repudiating his contract, and pleading usury; that an act of the legislature requiring or permitting a person to perform his contract previously made, although a usurious contract, is not an act impairing the obligation of- such contract; that an act of the legislature providing that all interest shall be forfeited where the creditor has contracted for more than legal interest is in the nature of a penal statute, and may be repealed or modified by subsequent legislation, so that a creditor who has contracted for more than legal interest during the continuance of such statute may, after its repeal or modification, collect the amount of interest for which he contracted, (see cases cited in-Cooley, Const. Lim. p. 376, note 1,) añd still we do not think that the repeal of said first-mentioned statute, dr the change in the usury laws in this state, can affect any question involved in this case.
The law in force when the said usurious contracts were made, is the one that governs in this case. In this state the repeal of a statute is not an absolute repeal, unless the legislature says so in unmistakable language. In this state “the repeal of a statute does not revive a statute previously repealed, nor does *sueh repeal affect any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced; under or by virtue of the statute repealed.” Gen. St; 998, c. 104, § 1, sub. 1; State v. Boyle, 10 Kan. *113, *116; State v. Crawford, 11 Kan. *32. Every penalty incurred under an existing statute remains after the repeal of the statute, unless taken away by the legislature by language that cannot be misunderstood. The repeal-of the usury law in the present case was in the ordinary language used in such cases by the legislature, and therefore we think' that the penalties already incurred under it were not taken away by such repeal, but remained in full force. The penalty for agreeing to take usurious interest, we suppose, is always incurred when the usurious contract is made. The penalty attaches because of the usurious agreement, and not for any other reason, and therefore it must be incurred when the usurious agreement is made. The court below did not allow the plaintiff the $270 agreed to be paid by Jenness as interest for the first year, nor the $100 agreed to be paid as additional interest for the second year, nor interest on $1,650, the face of the note, nor even interest on any amount for the first year, but- allowed interest only on $1,280 after the maturity of the note, which was the second year after the money was received; but even this we think was erroneous. The usurious contract avoided all interest. And the agreement to take interest at the rate of 12 per cent, per annum on $1,650, when’only $1,380 was loaned to Jenness, was as usurious as any contract could be. The sum of $1,380, with 12 per cent, interest for one year added, would amount to only $1,545.60.'
3. Did the court below err in ordering the mortgaged property to be sold to satisfy said judgment ? This question involves at least two ■others: First. Was said contract for the extension of the time for the payment of said note a valid and binding contract ? Second. And if it was, then did such contract destroy the validity of said mortgage ? did it cancel all the legal obligations imposed by its terms, and render the same nugatory ?
It will *be remembered that said note was due when said $100 was paid, and that it was paid as a bonus, or as an additional amount over and above the highest rate of interest allowed by law, for the purpose of having the time for the payment of said note extended one year. At the time said $100 was paid the following statute was in force, to-wit: “Sec. 3. All payments of money or property made by way of usurious interest, or of any inducement to contract for more than twelve per cent, per annum, whether made in advance or not, shall be deemed and taken to be payments made on account ■of the principal; and the courts shall render judgment for no greater sum than the balance found due after deducting the payments of money or property made as aforesaid, without interest.” Gen. St. 526.
Now, as the law applied said $100 in part payment of the principal of the debt from Jenness to Haxton, and as Haxton was, at the time he received tlie same, entitled to the whole of the principal, the payment of said one hundred dollars could not be a sufficient consideration for any contract.. It was only a part payment of what he had a legal right to demand and receive at the time he received it, and therefore the agreement to extend the time for the payment of said note was without consideration, and was not binding upon any one. It is certainly settled by an unbroken current of authority that where the creditor and principal debtor make a valid agreement for the extension of the time for the payment of a debt, without the consent of the surety, the surety will be discharged. But it is equally well settled that the agreement, to have such effect, must be valid and binding, and founded upon a sufficient consideration. No void contract, and no contract not founded upon a sufficient consideration, can release the surety in any case. Vilas v. Jones, 1 N. Y. 274, 286-289; Ives v. Bosley, 35 Md. 262; Meiswinkle v. Jung, 30 Wis. 361; Brown v. Harness, 16 Ind. 248; Mitchell v. Cotton, 3 Fla. 134; Hunt v. Postlewait, 28 Iowa, 427; Davis v. Graham, 29 Iowa, 514; Waters v. Simpson, 7 Ill. 570; Galbraith v. Fullerton, 53 Ill. 126; Burke v. Cruger, 8 Tex. 67; Hunter v. Clark, 28 *Tex. 159; Miller v. Stem, 2 Pa. St. 286; Mathewson v. Strafford Bank, 45 N. H. 104; Wheeler v. Washburn, 24 Vt. 293; Joslyn v. Smith, 13 Vt. 353; Kyle v. Bostick, 10 Ala. 594; Cox v. Mobile R. Co., 37 Ala. 320; Jenkins v. Clarkson, 7 Ohio, 72; Tudor v. Goodloe, 1 B. Mon. 323; Pyke v. Clark, 3 B. Mon. 262; Anderson v. Mannon, 7 B. Mon. 219; Patton v. Shanklin, 13 B. Mon. 15; Nichols v. Douglass, 8 Mo. 49; Ford v. Beard, 31 Mo. 459; Hoffman v. Coombs, 9 Gill, 284; Newell v. Hamer, 4 How. (Miss.) 684; Payne v. Commercial Bank, 6 Smedes & M. 24; Wadlington v. Gary, 7 Smedes & M. 522; Haynes v. Covington, 9 Smedes & M. 470; McGee v. Metcalf, 12 Smedes & M. 535; Coman v. State, 4 Blackf. 241; Farmers’ Bank v. Raynolds, 13 Ohio, 85; 2 Pars. Cont. 26, note f; King v. Baldwin, 2 Amer. Lead. Cas. 415. Under the statutes of some of the states, however, the receiving of usurious interest, or the taking of other securities for such interest, with an agreement to extend the time for the payment of the debt, is considered a valid and binding contract, such as will discharge the sureties from the payment of such debt. Duncan v. Reed, 8 B. Mon. 382; Robinson v. Miller, 2 Bush, 179 ; McComb v. Kittridge, 14 Ohio, 348; Blazer v. Bundy, 15 Ohio St. 57; Turrill v. Boynton, 23 Vt. 192; Cox v. Mobile & C. R. Co., 44 Ala. 611; Redman v. Deputy, 26 Ind. 338; Calvin v. Wiggam, 27 Ind. 489. Such is held where the contract is already executed, where the creditor has already received the usurious interest, where there is no action to recover it back from the creditor, and where it is not applied as payment or part payment of the principal, as in this state. Therefore neither the statutes of said states, nor the decisions of the courts under such statutes, have any application to this ease. Of course, the payment of legal interest on a debt, before such interest becomes due, may be a valid consideration for a contract to extend the time for the payment of the principal. So may also the payment of a part of the principal before the same has become due. But to make a payment which, either by law or by the parties, is applied on the principal, after the *principal has become due, can be no consideration for any contract.
But supposing the contract for the extension of time for the payment of said note was a valid contract, then did it annul the provisions of said mortgage ? A very able and ingenious argument has been made by counsel for plaintiffs in error, for the purpose of showing that it did. We have also read a very able and elaborate printed argument of counsel for plaintiff in error in the case of Pennock v. Haxton, (not yet submitted to us,) maintaining the same doctrine. These arguments cannot easily be met or overturned. And yet the doctrine that they promulgate is so novel and startling that it is difficult to believe that they are sound. It is claimed that Mrs. Jenness, by joining with her husband in executing said mortgage, virtually became the surety of her husband; that the contract between Haxton and her husband for the extension of the payment of said note was a valid contract, (this we now assume as true, for the purposes of this argument, though we think it is not true in fact;) that, as such extension was without the knowledge or consent of Mrs. Jenness, such extension released her as surety for her husband; that such release destroyed her previous consent given by her to have said property pledged and sold for the payment of said debt; -that, ás a mortgage of .the homestead, to be valid, must have the consent of both .husband and wife, this mortgage, which no longer had the consent of the wife, became void; and therefore that it could not, after it became void, be foreclosed as against either; the husband or wife.
The first question for our consideration, and the controlling one, is whether Mrs. Jenness was such a .surety for her husband as to be em titled to all the rights and privileges of other sureties. We do not think she was. But, before we proceed further, we would say that the mortgaged property belonged solely to her husband, and no part of it belonged to her, except that she and her husband occupied the same as a homestead; that the debt secured by the note and mortgage *was solely her husband’s debt; that she did not sign the note, but that all she did was to join with her husband in executing said mortgage. Now, under such a state of facts, was the wife a surety? We suppose she might be said in one sense to be the surety for her husband, but in a very remote and attenuated sense, and not at all in the sense in which the word is used in the law. We suppose it may also be said that the wife has in one sense an estate in the homestead occupied by herself and husband, although the title to the same may be in her husband; but still, if it is an estate, it is such an estate as has never been defined by law, — an estate unknown to the common law, — technically no estate at all. The whole estate in such a case is in fact wholly in the husband, with merely a restriction for the benefit of his family upon his power to alienate the same. It is true, the wife has an interest in the homestead, — a present and existing interest, — an interest that will be protected by the courts; but it is simply an interest growing out of the marriage relation and has no other or different foundation than the marriage relation and occupancy. It requires no instrument in writing to create such an in-interest, nor does it require any instrument in writing to destroy it. A merely going upon the premises, and occupying the same as a homestead, will create the interest. The whole estate would continue to belong to her husband, and after her death he could sell and convey the same by a deed executed by himself alone.
As we have before said, the wife has a present and existing interest in the homestead, such as will be protected by the- courts; but so she has in all the other property of her. husband. Every husband is bound to support and maintain his wife where she has not other means ample to support herself;, and all his property, real and personal, not exempt from execution, is under continual pledge, for.such *support. - Even.where she abandons him for just cause, any ■ person may furnish her with necessaries, and look to her husband’s property Jor compensation; and in many cases, she. may sue him direct’y for the means of support. Civil Code, §§ 649, 639. The action in such a case is called an action for alimony; and in such action the court may restrain by injunction the disposition of the husband’s property pending the litigation. Code, § 644, and sections 237-249. Now, notwithstanding this present and existing interest of the wife in all the property of the husband, still no one has ever yet supposed that the wife was such a surety for her husband that if a creditor of her husband should, by a valid agreement, extend the time for the payment of her husband’s debt, that the creditor would thereby release all her husband’s property from the payment of such debt. Even in states where it is necessary for the wife to sign a mortgage of real estate not a homestead in order to bar her interest in such real estate, no one has ever yet supposed that, by such signing, she became such a surety for her husband that she was entitled to all the rights and privileges of other sureties. Indeed, it has never been held in any state that a wife could become a surety, entitled to all the rights and privileges of other sureties, unless she pledged some portion or all of her own separate property.
This cause will be remanded to the court below, with the order that the judgment of the court below be so modified as to correspond with this opinion.
(All the justices concurring.) | CASELAW |
Talk:Bob Goalby
Which was is this going to go?
I don't normally comment on these types of things, but, there appears to be a conflict of interest in the way that Mr. Goalby's information is presented here. Please come to some kind of resolution so the article can remain intact without being overhauled every few hours. Thank you, | WIKI |
Human Action Behavior Recognition in Still Images with Proposed Frames Selection Using Transfer Learning
Authors
DOI:
https://doi.org/10.3991/ijoe.v19i06.38463
Keywords:
Human action, transfer learning, deep learning, CNN, VGG16, inceptionv3, xception, k-mean, keyframe
Abstract
One of the most difficult challenges is recognizing human actions., especially in still images where there isn't much movement. Therefore, Using the transfer learning strategy, we suggested a technique for identifying human action., which consists of training some of the layers of deep learning techniques while freezing others. Also presented a way for data split, which is to choose some frames because we are working on a large dataset such as ucf-101, and this method is summarized by discovering the features for each frame, then clustering the elements, and then choosing a percentage of each cluster for training and test data. We used three techniques. They are vgg16, inceptionv3, and xception. The proposed models have been implemented on UCF-101 Dataset. Depending on three data split methods with the dataset, the random split method, and the proposed split method, the inceptionv3 achieved the highest accuracy. In contrast, the vgg16 achieved the least accuracy, and the accuracy of the xception was close to that of the inceptionv3. By comparing the size of the dataset, the proposed methods achieved good results: the vgg16 in the proposed split attained an accuracy of 92.5%, the inception v3 in the proposed split attained an accuracy of 98.12%, and the xception in the proposed split attained an accuracy of 95.16%. The VGG16 network is simple, so the VGG16 is less accurate. While the network in inceptionv3, xception, is more extensive and complex, the learning space is more significant, although the network size is more prominent in inceptionv3, xception. We only trained some blocks in the top layer
Author Biographies
Mohammed T. Abdulhadi, uot
Ayad R. Abbas, university of technology
Downloads
Published
2023-05-16
How to Cite
T. Abdulhadi, M., & R. Abbas, A. (2023). Human Action Behavior Recognition in Still Images with Proposed Frames Selection Using Transfer Learning. International Journal of Online and Biomedical Engineering (iJOE), 19(06), pp. 47–65. https://doi.org/10.3991/ijoe.v19i06.38463
Issue
Section
Papers | ESSENTIALAI-STEM |
Data Sharing Is Hard Like Shared Variables Are Hard
If you write a program that references a variable, and that variable points to a value, you likely don’t want that value to change unless you’re doing the changing. This gets tricky when you want to bring in more resources to help you get the job done faster – you might still be in control of the program, but the “you” in action may be multiple cores/threads.
It can be hard and frustrating to revert to blocking and explicit hand-offs in your code: the performance gains might be slight, or even if things run faster, your mental bandwidth in understanding more-complicated code and tracking down subtle bugs might be significant, so is it really worth it?
Data sharing can be hard like shared variables can be hard. You want to get work done faster by bringing in more (human + machine) resources, and by always having up-to-date data across a collaboration, but you don’t want data changing out from under you while you’re in the middle of running an analysis.
There are techniques to facilitate code concurrency on data with fewer headaches, and I think some of these techniques can be adapted to facilitate concurrency among scientific-data collaborators.
Subscribe to get short notes like this on Machine-Centric Science delivered to your email. | ESSENTIALAI-STEM |
Talk:Manos: The Hands of Fate/to do
* Move all images to Commons with public domain licensing
* Add alternative text to images (image descriptions for the sight impared)
* Clean up "Cast" section (and move "After Manos" sub-section somewhere else)
* Make sure all references are using a citation template (ex: Cite web, Cite book), with the proper date formatting
* Possibly incorporate some (encyclopedic) info from the former Torgo article (and find citations for it)
* Look for additional info in the documentary film, Hotel Torgo, and mention the documentary itself in the article | WIKI |
Atelier Swarovski Turns to Man-Made Gems
Early this year, when Nadja Swarovski was deciding how to celebrate the 10th anniversary of Atelier Swarovski, she had a vision. “I wanted to do something responsible, sustainable and forward-thinking,” she said, to celebrate the line known for collaborations with design leaders like Karl Lagerfeld, Zaha Hadid and Christopher Kane. The creation of a fine jewelry collection was the beginning, but then Ms. Swarovski, who is Atelier Swarovski’s artistic director as well as a member of the company’s executive board, went further. Instead of designs made solely with crystals — the sparklers linked with the name Swarovski as tissue is to Kleenex — she decided to mix in diamonds and emeralds, too. But these were gems created in laboratories. Just don’t classify them with inexpensive diamond substitutes like cubic zirconia, moissanite or rhinestones — or crystal. Ms. Swarovski called the concept “conscious luxury,” a choice to use laboratory-created gems because they “have a lower impact on the environment and society,” she said. “People want to know where their products come from. People care.” Man-made diamonds have been around for more than 60 years. “The first scientific discovery of growing a diamond in a lab was in late 1954,” said Susan Jacques, the president and chief executive of the Gemological Institute of America. But it’s only in the last 10 years that the process has been refined to such a degree, she said, that many of the diamonds that come out of the lab are virtually the same as those that come out of the mine. Tom Moses, the institute’s executive vice president and chief laboratory and research officer, said, “We judge diamonds by the four Cs,” the metrics of cut, color, clarity and carat established by the institute in the mid-20th century. “The goal of labs is to grow something perfectly clear, transparent and colorless, without any inclusions visible at 10-times magnification.” (Inclusion is an industry term for imperfections.) Laboratories rely on the same elements as nature — carbon, high pressure and intense heat — to create diamonds. But good ones can’t just be churned out. “The slower the growth rate, the higher the quality,” Mr. Moses said. “Too slow a growth has not been commercially feasible,” but, with technological improvements, the laboratories believe they have succeeded. Man-made diamonds are virtually indistinguishable from the real thing, with the same pure white color, total clarity, hardness, longevity, brilliance and what the pros call fire, Ms. Jacques said. “To the naked eye, they are identical,” she said, adding that the instrumentation capable of distinguishing between natural and lab-created diamonds is very expensive and not common; the institute has it, but most jewelers do not. It is easier to discern the difference between a mined emerald and one produced in a laboratory. “Real emeralds have natural inclusions,” Ms. Jacques said. The grown ones don’t; they are simply “too perfect,” she said. Man-made gems received increased attention after the 2006 film “Blood Diamond,” a fictional story based on illicit diamond trade and its funding of a civil war in Sierra Leone. After starring in the film, Leonardo DiCaprio invested in the Diamond Foundry, which produces lab-grown diamonds in San Francisco, and he now is one of its ambassadors. “Grown diamonds can be even better than mined diamonds in terms of the ecological and social costs,” said Jeremy Scholz, the company’s chief technology officer. “Our diamonds are grown in an environmental factory. The energy that we use is from 100 percent renewable sources. It’s a sustainable method. I’m not sure mining companies can say the same thing.” Ms. Jacques countered that mining companies are not irresponsible about the way they treat the land they mine or its surrounding communities, donating to local schools and hospitals. And, she added, real diamonds have a distinctive appeal: “They’ve been growing in the earth for billions of years,” a quality more seductive than being created yesterday in a test tube, she said. As for price, there is little difference between lab-grown and mined diamonds. Mr. Scholz acknowledged that man-made diamonds are expensive to produce and are only about 10 to 30 percent cheaper than natural ones of similar size. But François Le Troquer, Atelier Swarovski’s vice president and managing director, said he expected prices for lab-produced diamonds to be as much as 50 percent less than those for mined ones in the future. Proponents of man-made diamonds say there is another reason the gems’ popularity will increase: Some diamond mines are almost played out. “The life of a mine is 25 to 30 years,” Ms. Jacques said, noting that the Argyle mine in Australia, the world’s largest single producer of diamonds, has only a few productive years left. New mines have been discovered in Botswana and Canada, she added, but their output won’t compensate for Argyle’s loss. So even though Swarovski has a division that sells mined gemstones to other jewelers, the company, which had 3.37 billion euros, or $3.93 billion, in revenue in 2016, has turned to man-made stones. “We were driven to use materials that embody the innovation rooted in our brand,” Ms. Swarovski said of the fine jewelry collection, adding that the lab-created diamonds and emeralds “represent that spirit of exploration.” The gems grown for the collection were gathered from several sources, including Diamond Foundry, then cut by Swarovski specialists to match its artists’ designs. Pieces were produced in Paris by Cambour, the celebrated jewelry fabrication company. Inside Cambour’s unremarkable workshop building in the 10th Arrondissement, artisans on one summer day assembled jewelry for Chanel, Van Cleef & Arpels and some of “the biggest names on the Place Vendôme,” said Sandra Bouteille-Tuszynski, the company’s head of accounts receivable, who previously worked at Hermès and Bulgari. The handful of men and women, hunched over workbenches and peering through loupes, had set the stones for the 23 Atelier Swarovski high jewelry pieces that were introduced in May, during the Cannes Film Festival, at a presentation at the Hôtel du Cap-Eden-Roc in Antibes (where Naomie Harris wore the collection’s Mosaic earrings and ring, both set with lab-produced diamonds and emeralds). The collection’s three themes — Mosaic, Art Deco and Concentric — were worked into earrings, rings, necklaces and bracelets of 18-karat gold set with geometrically cut Swarovski crystals and lab-grown diamonds and emeralds. Pieces are available only through special order on www.atelierswarovski.com, with prices from $3,950 to $96,000. In 2018, the company plans to adapt the designs, using crystal, cubic zirconia and silver, and sell them for a starting price of about $395. An earlier version of this article misstated the term for flaws that may be found in diamonds and emeralds that have been mined and in versions created by laboratories. The flaws are called inclusions, not occlusions. An earlier version of this article misquoted Jeremy Scholz, the chief technology officer at Diamond Foundry. He said that in terms of the ecological and social costs, lab-grown diamonds can be “even better than mined diamonds” — not “even better than real diamonds.” | NEWS-MULTISOURCE |
Talk:2008 Akihabara massacre/Archive 1
Anniversary of Osaka elementary school attacks
It's just a horrible coincidence, but these attacks took place on the anniversary of the Osaka school massacre. Worth mentioning in this article? Some of the news services have noted the "connection." --Do Not Talk About Feitclub (contributions) 11:30, 8 June 2008 (UTC)
* The article 2008 Tokyo knife massacre (now merged into this one) mentioned it. Was it a coincidence, or did the perpetrator select the occasion? I haven't seen references to a statement by him. But it's possible. Fg2 (talk) 11:33, 8 June 2008 (UTC)
* The perpetratr hasn't said anything that relates to the Osaka massacre. --staka (T ・C) 03:34, 9 June 2008 (UTC)
* True, but various news articles are mentioning it, so it's in the article. It's a pretty big coincidence, too, if he didn't plan it this way. ··· 日本穣 ? · Talk to Nihonjoe 05:42, 9 June 2008 (UTC)
Coordinates
Are the coordinates correct in the article? Looking at the satellite view, these coordinates show the intersection of two streets with vehicle traffic, not a pedestrian street crossing a vehicular street. I've only been to Tokyo (and Akihabara) once, so I'm not familiar with things there. ··· 日本穣 ? · Talk to Nihonjoe 19:52, 8 June 2008 (UTC)
* Don't know about coordinates, but the street was closed to traffic on Sunday (hokoten). It's normally open to traffic. Fg2 (talk) 20:47, 8 June 2008 (UTC)
* Aha. So the intersection shown in that link above is the correct one? ··· 日本穣 ? · Talk to Nihonjoe 20:58, 8 June 2008 (UTC)
* Hmm...I'm beginning to this the coordinates are not correct based on some of the images shown in this series. Look closely at the intersection paint markings and compare them to those found in the satellite view of those coordinates. ··· 日本穣 ? · Talk to Nihonjoe 21:23, 8 June 2008 (UTC)
* I take that back. After closely examining the photos in the Mainichi Shinbun references, this is the correct intersection. ··· 日本穣 ? · Talk to Nihonjoe 02:15, 9 June 2008 (UTC)
Type of truck
Based on this image, I believe the truck used was an Isuzu Elf from Nippon Rent-A-Car. It looks very similar to this image (just add a longer cargo space). Should we add this into the article? ··· 日本穣 ? · Talk to Nihonjoe 21:22, 8 June 2008 (UTC)
* No, the image has the name of a company, "Sagawa", that I'm sure does not want to be associated with this horrible event. Phlegm Rooster (talk) 21:35, 8 June 2008 (UTC)
* I wasn't recommending putting a picture in the article. Just mentioning that the truck was an Isuzu Elf delivery truck. The photo on the right is only for comparison. ··· 日本穣 ? · Talk to Nihonjoe 21:41, 8 June 2008 (UTC)
* Sure, it's a little bit of original research, but the crime scene photo is pretty clear. People will want to see how big the truck is. Phlegm Rooster (talk) 22:13, 8 June 2008 (UTC)
* I think the only OR is the model, and even that's iffy since the photo, as you wrote, pretty clearly matches the one I found on Commons. If nothing else, we could put that is was an Isuzu truck if we don't want to push the boundaries. ··· 日本穣 ? · Talk to Nihonjoe 01:34, 9 June 2008 (UTC)
* I've blurred the logos on the truck so it may be usable in the article now. What do you think? ··· 日本穣 ? · Talk to Nihonjoe 02:24, 9 June 2008 (UTC)
* In my opinion, no, people can just link to the Isuzu Elf article. The picture of the area is more informative than a truck parked next to a wall. I won't revert you, though. Phlegm Rooster (talk) 03:26, 9 June 2008 (UTC)
* I think I agree that the link to the article about the truck is likely good enough. ··· 日本穣 ? · Talk to Nihonjoe 05:41, 9 June 2008 (UTC)
* Looks like someone has the picture of the actual truck! - Mailer Diablo 15:22, 9 June 2008 (UTC)
Context
There have tragically been two other incidents of random killing recently in Japan, one in Sasebo. Shouldn`t these be mentioned?Andycjp (talk) 03:22, 9 June 2008 (UTC)
* Only if the news stories talk about it. Perhaps links to the articles could be placed in a "See also" section, though. ··· 日本穣 ? · Talk to Nihonjoe 05:40, 9 June 2008 (UTC)
* From a verification & OR perspective, we should only write about Japan's recent epidemic of knifings or outbreaks of knife violence or the like insofar as we can source our statements. (The bar is set very high for drawing conclusions in articles such as this. For a reason why, see the wrangle over gun control in just about any article about a shooting in the U.S.) Adding other Japanese knife attacks or particularly significant foreign knife attacks into a "see also" section doesn't have the same problem, so I'm cool with that. How many such things have happened recently? --Kiz o r 04:11, 10 June 2008 (UTC)
Useless?
Is it useless to put information about idol events that was held, even after the massacre? --staka (T ・C) 04:23, 9 June 2008 (UTC)
* Why would they be mentioned? ··· 日本穣 ? · Talk to Nihonjoe 05:41, 9 June 2008 (UTC)
* I just thought it was odd for them to have events even after the massacre has occured.. --staka (T ・C) 12:07, 9 June 2008 (UTC)
* Well, people need to move on with things, and allowing a terroristic act to have as much impact as the perpetrator likely wanted it to only gives in to his will. ··· 日本穣 ? · Talk to Nihonjoe 02:52, 10 June 2008 (UTC)
* This was not terrorism. <IP_ADDRESS> (talk) 05:22, 11 June 2008 (UTC)
* Terrorism is a pretty general word. from the wiki article..."Some definitions also include acts of unlawful violence and war." So this can be debated.--Ryudo (talk) 18:25, 12 June 2008 (UTC)
Edited into sections
Should this article be edited in sections? It seems almost large enough to have sub-sections for the stabbing itself, the victims, community reaction, coinciding with Osaka massacre date, etc.
<IP_ADDRESS> (talk) 23:48, 9 June 2008 (UTC)
* Yes it should, and I've added section headings. —Lowellian (reply) 01:21, 10 June 2008 (UTC)
Thanks. Though I put the sections in a more appropriate order. <IP_ADDRESS> (talk) 01:24, 10 June 2008 (UTC)
Nonsensical
This makes no sense: "It was also suggested that Kato's missing work clothes from his work factory earlier this month, thinking that he was dismissed from his employment as a result, may have triggered the attack" —Preceding unsigned comment added by <IP_ADDRESS> (talk) 00:09, 10 June 2008 (UTC)
I have cleaned up the grammar. The source is a Japanese language article, and it appears the original poster had limited English skills. Most of the information about this incident will probably be in Japanese. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 00:53, 10 June 2008 (UTC)
Two-ton Isuzu Elf rental truck
Japan is metricated. Surely it's a two-tonne truck ... i.e. 2,000 kg rather than 4,480 or was that 4,000 lb. J IM ptalk·cont 01:51, 10 June 2008 (UTC)
* It's being reported as "two ton", so thats what's in the article. ··· 日本穣 ? · Talk to Nihonjoe 02:50, 10 June 2008 (UTC)
Blog?
Does anyone have the link to the blog of the suspect? Here's a picture F (talk) 09:24, 10 June 2008 (UTC)
* If the shooting incidents over the last couple of years are any indication, it's been taken down fast. --Kiz o r 12:00, 10 June 2008 (UTC)
The article says he "posted messages on Internet forums", so it seems it wasn't a blog, but a public forum. Some rumors are that the forum was 2channel. No source I have been able to find has named the forum. It seems the source of the quoted text attributed to the attacker are the police records of the posts. Certainly the original posting have been taken down. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 05:41, 11 June 2008 (UTC)
Japanese law, inquiry
Now, the legal process:Prosecutors' inquiry, Kato, 25, was transferred from police custody to a holding cell at the Tokyo prosecutors office, for interrogation and preliminary investigation. During the inquiry, he was cooperative, but unapologetic, and has at times cried. Police seized from his apartment empty packages of knives, their receipts and one club. Japanese law allows the suspect's police custody for 2 days and eventual transfer to prosecutors, for filing charges or release from detention within 20 days.ap.google.com/article, Japan stabbing suspect cries during interrogationnews.scotsman, Knife rampage suspect in cell--Florentino floro (talk) 12:13, 10 June 2008 (UTC)
Early life and education
I added this causal factor of this massacre: Kato was an excellent student at a top high school, and leader of a tennis club in middle school. However, he started to act violently at home when he enrolled at Aomori Prefectural High School. As mediocre student, then, his class rank was down to 300 (of 360 students), and he failed university entrance examinations, eventually having thereafter trained as auto mechanic. By November, 2008, as a "freeter" (temporary worker) he was informed of the termination of his temp job contract at the auto parts factory in central Shizuoka prefecture. Kato told the police that he was mentally sick and prosecutors planned for his mental examination. He posted these messages: "I don't have a single friend and I won't in the future. I'll be ignored because I'm ugly. I'm lower than trash because at least the trash gets recycled."abs-cbnnews.com, Japan massacre suspect said he was ugly, lonely Yomiuri Shimbun reported that Kato's massacre was "the worst case of its kind" since World War II "in terms of the number of deaths."sfgate.com, A bloody rampage shocks low-crime Japannews.bbc.co.uk, Japan seeks answers on knife attack
* I think one of your dates is off, as November 2008 hasn't occured yet<IP_ADDRESS> (talk) 13:15, 10 June 2008 (UTC)
The weapon
The type of weapon he used has been quite a contentious issue. It was initially reported as a survival knife but that was incorrect, the day after the incident the Police corrected this and explained it was in fact a double edged knife: a dagger. A survival knife is what Rambo made famous and they generally do not have narrow double edged blades. It was not a samurai sword - a Katana either. --xenolithe (talk) 13:40, 10 June 2008 (UTC)
Samurai sword or survival knife?
According to the paragraph in the beginning, he stabbed at least 18 times using a samurai sword. However, according to the infobox, he used a survival knife. Which one is right? --Hamster X (talk) 13:48, 10 June 2008 (UTC)
* The Melbourne Herald Sun even says he had two knives, a survival knife and a smaller one. (Lord Gøn (talk) 21:02, 10 June 2008 (UTC)) | WIKI |
1979 Iranian Constitutional Assembly election in Sistan and Baluchestan province
On 3 August 1979, a Constitutional Convention election was held in Sistan and Baluchestan Province with plurality-at-large voting format in order to decide the two seats for the Assembly for the Final Review of the Constitution.
Both candidates who won the election belonged to the Sunni Baloch community in the province. The Shia cleric supported by the Islamic Republican Party was defeated. | WIKI |
Novel graphite/TiO2 electrochemical cells as a safe electric energy storage system
Arjun Kumar Thapa, Gumjae Park, Hiroyoshi Nakamura, Tatsumi Ishihara, Nariaki Moriyama, Toshihiko Kawamura, Hongyu Wang, Masaki Yoshio
研究成果: Contribution to journalArticle査読
48 被引用数 (Scopus)
抄録
A graphite/TiO2 full cell has been developed as a new safety energy storage system using a highly safety process. The crystal structures of the anatase TiO2 electrode have been investigated with respect to the performance of the electrodes. Due to the large anion intercalation into the graphite positive electrode, the possible charging potential can be raised to around 5.3 V against the Li/Li+ electrode, which is a higher charging voltage than lithium-ion batteries (maximum voltage is around 4.3 V vs. Li/Li+). In situ XRD measurements have been carried out on both the cathode and anode electrodes of the graphite/TiO2 cell during the charge process to elucidate the intercalation mechanism.
本文言語英語
ページ（範囲）7305-7309
ページ数5
ジャーナルElectrochimica Acta
55
24
DOI
出版ステータス出版済み - 10 1 2010
All Science Journal Classification (ASJC) codes
• 化学工学（全般）
• 電気化学
フィンガープリント
「Novel graphite/TiO<sub>2</sub> electrochemical cells as a safe electric energy storage system」の研究トピックを掘り下げます。これらがまとまってユニークなフィンガープリントを構成します。
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Wikipedia:Articles for deletion/List of PlayStation 3 games without trophy support
The result was delete. Consensus is for deletion. Malcolmxl5 (talk) 16:29, 24 May 2016 (UTC)
List of PlayStation 3 games without trophy support
* – ( View AfD View log Stats )
This is a very poor article. It is entirely sourced to a forum post, and a Google search suggests the topic is not notable, with all results being forum posts. Fails WP:N and WP:V. –Compassionate727 (T·C) 11:03, 17 May 2016 (UTC)
* Delete, this is an unmaintainable list. shoy (reactions) 13:45, 17 May 2016 (UTC)
* Delete, agree this is an unmaintainable list and unable to be merged into any other article. Garchy (talk) 14:06, 17 May 2016 (UTC)
* Note: This debate has been included in the list of Video games-related deletion discussions. GabeIglesia (talk) 23:53, 17 May 2016 (UTC)
* Note: This debate has been included in the list of Lists-related deletion discussions. GabeIglesia (talk) 23:53, 17 May 2016 (UTC)
* Delete per WP:LISTCRUFT and I think #7 of WP:NOTDIR would work here. Anarchyte ( work | talk ) 09:56, 18 May 2016 (UTC)
* Delete - This was one of many excessive lists related to the PS3 I redirected weeks back. It's another non-notable list that lacks to sources to properly document this. Sergecross73 msg me 14:30, 18 May 2016 (UTC)
* Delete – Trivial list. --The1337gamer (talk) 08:35, 21 May 2016 (UTC)
* Keep - I find the information useful, but it of course needs proper sourcing. JonathanDP81 (talk | contribs) 15:37, 21 May 2016 (UTC)
* WP:ITSUSEFUL is not a valid keep rationale. Sergecross73 msg me 19:27, 22 May 2016 (UTC)
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Frequently Asked Questions
Acupuncture
Does acupuncture hurt?
Not at all. Each needle is as thin as a hair. While some points can be sensitive, most people feel very little discomfort. To ease your mind, a practitioner will be in the room so you can always communicate if you feel uncomfortable at any time. Good vibes only.
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What do I wear?
We know you’re always on the go, so we provide a comfy layer to wear during treatment so you don’t have to bring a thing. Our soft fabrics will drape you so you feel relaxed and comfortable throughout your entire treatment. If you prefer your own clothing, we recommend wearing a loose shirt and pants.
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How many concerns can be treated in one session?
ORA’s acupuncture treats the whole body with a holistic medical approach, addressing multiple concerns in each appointment. Choose up to two focuses in our regular session and one specific concern in our express session.
Any side effects?
Because acupuncture relaxes your muscles into a meditative state, some people prefer not to exercise immediately after. You shouldn’t experience any side effects. Some people might see minor bruising at the area of insertion, but this is normal.
Do I need a specific problem to go?
Acupuncture treats your entire system. You don’t need a specific problem–our acupuncturist will explain how acupuncture can help your body holistically for optimal health.
What is your cancellation and return policy?
Cancellation and Return Policy RETURN POLICY: Products: Your unopened product purchases are eligible for an exchange or store credit within 30 days of purchase. Store credit may be applied to products and services. In-house and take-away Teas and Tonics are non-refundable. Service: Services are non-refundable, however we would like you to be 100% satisfied and can work with you and your service provider to get you there. APPOINTMENT LATE AND CANCELLATION POLICY: We understand that sometimes time gets the best of us and changes in our schedule happen. To maximize your time with your acupuncturist, we recommend arriving 10 minutes early to your scheduled appointment, however we do give you a 5 minute grace period to check in, without penalty. Running Late: Depending on what the focus of your session is, if you are more than 5 minutes late your acupuncturist may recommend rescheduling to maximize your treatment time. Arrivals 15 minutes or more after your appointment time, unfortunately, can’t be accommodated. You can reschedule your appointment within 7 days without penalty. No Show: No show appointments will be charged the full service fee. Need to Cancel: Appointments cancelled or rescheduled prior to 24 hours of the scheduled time may be done so without penalty. Appointments cancelled within 24 hours of their scheduled time will have a $50 penalty. Appointments scheduled less than 24 hours in advance cannot be cancelled.
Teas + Tonics
Are the Teas and Tonics safe for pregnant or nursing woman?
Tonics: Particular cautions for pregnancy:
Tonic herbs are generally considered safe and the amounts used in each tonic shot are typically small dosages; however, in order to maintain a conservative approach for pregnant women, particularly in the first trimester, the following ingredients should be avoided and replaced with Reishi and/or Chaga:
Deer Antler Essence (Pick Me Up)
Supreme Shen (Blessed Not Stressed)
Yin Replenisher (Blessed Not Stressed, Sexual Healing)
Shanghai Lady (Sexual Healing )
Dew Drops (Down to Detox)
For nursing mothers, it would be best to avoid Deer Antler Essence and Shanghai Lady (contains Deer Antler). Again, Reishi is highly recommended for both nursing and pregnant women.
Ora tea blends are generally safe for pregnant and nursing women; however, pregnant women trying to avoid Caffeine should avoid tea blends with Puehr, which is in The Best Digest blend.
What is in the tonics?
Used by Taoist masters for thousands of years, tonics are very special herbal substances that balance and tone the body.
Each drink at our tea bar offers more than just a few herbs in a cup. Our recipes are created by a top herbalist with more than 20 years of experience working with the most well-known raw food chefs, Jingmasters, and herbalists in the health industry. Tonics enhance energy, physical strength, sexual vitality, mental acuity, wisdom and more to boost overall wellness. We recommend consuming teas and tonics regularly to strengthen immunity and reduce inflammation. Just take a seat, enjoy a sip, and feel the powers of ancient Chinese medicine.
Tonics are one of the most effective and economical ways to consume herbal remedies. Our delicious tonics help you ingest these herbs without any excipients so you absorb them faster and get the most out of them compared to more commonly consumed foods or nutrients. They’re designed to complement your body’s immune system to help you become less susceptible to getting sick. The more you use them, the more the effects tend to increase, giving your body cumulative long-term benefits and preventative health.
It’s a sip that keeps on giving.
Note: When taken as directed, you won’t experience any side effects.
Where did you get the teas from?
ORA fuses classical Chinese Medicine Philosophy with modern herbal innovations. Custom blended by the Abbe Tea company, our teas feature organic, fair trade + sustainably harvested ingredients.
Do you recommend tonics with teas? What order?
We recommend first consuming tonics on an empty stomach so they can be most effectively absorbed. Adding a warm tea afterward will boost your body’s absorption. So drink and enjoy the benefits coming your way. | ESSENTIALAI-STEM |
How to Use S-Video Cables
by Dan Stone
Mariusz Gwizdon/iStock/Getty Images
Super-video is an analog color-video format that offers better picture quality than composite video and lower picture quality than component video. S-video cables are designed to connect the outgoing S-video signal from a video-playback device like a VCR, DVD player or computer and send it to a display screen like a TV set or a receiver. You use the cables by connecting them to S-video compatible devices. S-video only sends video content and relies on RCA connections to send audio information.
Step 1
Locate the S-video and RCA audio jacks on the video source device.
Step 2
Connect one end of the S-video cable to the S-video jack on the video source device.
Step 3
Plug in the RCA audio cables in the color-respective audio jacks.
Step 4
Locate the S-video and RCA audio jacks on the TV set, receiver or monitor. The jacks can usually be found on the back or side of the device.
Step 5
Connect the free end of the S-video cable to the S-video jack on the TV, receiver or monitor.
Plug in the free ends of the RCA audio cables in the color-respective audio jacks on the TV, receiver or monitor.
Tips
• S-video technology separates the video signal into two sections for luminance and chrominance -- light intensity and color in layperson's terms. S-video is able to transmit a sharper image to the playback device because it splits the signal over two wires instead of one, which offers more signal bandwidth. S-video is not direction sensitive.
• Devices less frequently support the S-video standard than composite and component standards, which makes support and compatibility an issue for S-video devices. However, you can connect an S-video out device to a TV that doesn't support S-video by using an RCA-to-S-video adapter. Attach an adapter to the free end of the S-video cable, attach a composite video cable to the adapter's free end and connect the composite cable to the yellow socket on the TV, receiver or monitor. You can also use an S-video-to-component adapter, which splits the S-video signal across three cables. Converting S-video to composite video results in a reduction in picture quality. Converting S-video to component video produces a lower quality picture than a straight component-to-component connection.
• RCA audio connections use two cables to offer dual-channel stereo audio. The right-channel cable and jack are typically color-coded red and the left-channel cable and jack are typically white. Each cable is installed into the matching color socket.
Items you will need
• Composite audio cables
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A14A0143.
ROCA PROPERTIES, LLC et al. v. DANCE HOTLANTA, INC. et al.
(761 SE2d 105)
BARNES, Presiding Judge.
This lawsuit involves a dispute over the sale of a professional ballroom dance competition in Atlanta. Dance Hotlanta, Inc., the successor by merger to Hotlanta Dance Challenge, Inc., and Nancy Senner (collectively, the “HDC Plaintiffs”) sued Roca Properties, LLC, Elizabeth Chester, and Antonio Daza (collectively, the “Roca Defendants”) for breach of certain promissory notes and personal guarantees associated with the sale of the dance competition, prejudgment and postjudgment interest, and attorney fees. The Roca Defendants answered, alleging that they had been fraudulently induced into signing the notes and guarantees, and asserting counterclaims for breach of contract, fraud in the inducement, indemnification, attorney fees, and punitive damages. The trial court granted summary judgment to the HDC Plaintiffs on all of the claims and counterclaims, concluding that the uncontroverted evidence showed that the notes were in default and that the HDC Plaintiffs had not made any actionable false representations to the Roca Defendants that induced them to enter into the sale. For the reasons discussed below, we conclude that genuine issues of material fact exist in this case, and we vacate the trial court’s summary judgment order and remand with instruction.
Summary judgment is proper only if the pleadings and evidence show “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 (c). “We apply a de novo standard of review to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” (Punctuation and footnote omitted.) Bonner v. Southern Restaurant Group, 271 Ga. App. 497 (610 SE2d 129) (2005).
The Hotlanta Competition. The Hotlanta Dance Challenge is an annual ballroom dance competition held in Atlanta every third week in October (the “Hotlanta Competition”). The Hotlanta Competition is sanctioned by the National Dance Council of America (“NDCA”), which is the official governing council of dance competitions in the United States. Under NDCA rules, no other NDCA-sanctioned competition can take place within 90 miles from the Hotlanta Competition during the week it is held. Furthermore, at the time of this dispute, there were no new competition dates available from the NDCA; thus, a party interested in hosting a NDCA-sanctioned competition had to acquire the rights from an existing owner.
Nancy Senner and her former dance partner and boyfriend, Edwin Rivera, also known as “Eddie Ares” (“Ares”), were the founders of the Hotlanta Competition. Senner and Ares organized and hosted the Hotlanta Competition each year from its inception through 2009. During that time period, the business of the Hotlanta Competition was conducted through various companies owned solely by Senner, including Hotlanta Dance Challenge, Inc. (“HDC”).
The Rising Star Ball. For many years, Senner and Ares operated the Hotlanta Competition in a single ballroom at an Atlanta area hotel. However, in 2006, Ares developed the concept of the “Rising Star Newcomers Ball,” a competition for amateur dancers who might be intimidated by the level of competition in the main ballroom (the “Rising Star Ball”). Ares registered the name with the United States Patent and Trademark Office, and Senner registered “Rising Star Newcomers Ball, Inc.” with the Georgia Secretary of State “to protect the name,” even though the registered corporate entity never had an organizational meeting or issued any stock.
From 2006 through 2009, the Rising Star Ball was conducted in a second ballroom in conjunction with the Hotlanta Competition. The Rising Star Ball had its own entry forms. The single brochure for the Hotlanta Competition and Rising Star Ball was divided into separate parts for the two events and listed separate schedules and check-in dates. The Hotlanta Competition and the Rising Star Ball also gave out separate prizes. Moreover, Ares testified that, unlike the Hotlanta Competition, the Rising Star Ball was not sanctioned by the NDCA.
Ares enjoyed organizing and hosting the Rising Star Ball because of the “energy and enthusiasm” of the amateur dancers. After the 2009 event, Ares informed Senner that he wanted to organize and operate a new dance competition circuit exclusively for amateurs, which he named the “Rising Star Friendly Circuit” (the “Rising Star Circuit”). The Rising Star Circuit would be unaffiliated with the NDCA. Senner and Ares agreed that Senner would continue to organize and host the Hotlanta Competition through her company HDC, while Ares would leave HDC to run his Rising Star Circuit.
Initial Negotiations with the Roca Defendants. In early 2010, Elizabeth Chester contacted Senner to see if she would be interested in having an additional partner or selling the Hotlanta Competition. Their discussions led to negotiations between the parties over the sale of the assets of HDC and the associated personal goodwill of Senner to Roca Properties LLC, a company owned by Chester and Antonio Daza. Both sides were represented by counsel throughout the negotiations. Michael Reeves, a potential investor in Roca Properties, also was involved in the negotiations.
In March 2010, Chester, acting on behalf of Roca Properties, signed a letter of intent to purchase the assets of HDC and the personal goodwill of Senner for a total purchase price of $400,000. The letter stated that it was the intent of HDC to sell to Roca Properties its assets “as they relate solely to the Competition,” defined as “the dance competition known as the ‘Hotlanta Dance Challenge’ held in Atlanta, Georgia.” The letter of intent made no reference to the Rising Star Ball.
Senner’s Handwritten Notes. During the parties’ negotiations, Senner provided the Roca Defendants with corporate tax returns for the years 2007 and 2008. But the 2009 tax return for HDC had not yet been filed and thus was unavailable for the Roca Defendants to review. Nor did Senner provide any financial software or income statements, balance sheets, or a general ledger for 2009 that could be reviewed by the Roca Defendants.
Senner did provide the Roca Defendants with a copy of her undated handwritten financial notes drafted as part of the negotiations, but the parties dispute whether the notes contained financial information for 2009. According to the Roca Defendants, Senner’s handwritten notes included revenue and expense figures for the 2009 Hotlanta Competition. In contrast, Senner contended that her notes were nothing more than projections for additional revenue sources and lower operating expenses for the Hotlanta Competition in future years.
The Number of Paid Entries. During the parties’ negotiations, Senner also provided the Roca Defendants with a computer printout reflecting that there had been 7,195 paid entries for the 2009 Hotlanta Competition. An “entry” represented a fee paid for a contestant for one dance. Senner did not tell the Roca Defendants that the 7,195 figure included paid entries for the 2009 Rising Star Ball.
The Purchase Transaction. Based on Senner’s representations and the financial documents and information provided by her, Roca Properties entered into an Asset Purchase Agreement with HDC and Senner on April 8,2010 (the “Purchase Agreement”). Under the terms of the Purchase Agreement, Roca Properties agreed to buy certain itemized assets of HDC associated with the Hotlanta Competition for $200,000.
The Purchase Agreement and the schedules attached to it made no reference to the Rising Star Ball and whether or to what extent any rights to it would be retained by Ares. But the Purchase Agreement did provide that the parties would “use their reasonably best efforts to cause . . . Ares” to enter into a “Release, Non-Compete and Non-Disparagement Agreement” with the parties for a two-year period. Schedule 3.5 to the Purchase Agreement further specified that good and marketable title to HDC’s assets excluded “[a]ny legal or equitable interest claimed by... Ares,” unless and until he released and transferred any such claimed interest to the parties as part of the contemplated noncompete agreement.
Contemporaneously with the execution of the Purchase Agreement, Roca Properties also entered into an Agreement for Sale and Purchase of Personal Goodwill (the “Goodwill Agreement”). Under the Goodwill Agreement, Roca Properties agreed to buy the personal goodwill of Senner related to the Hotlanta Competition for $200,000.
Pursuant to the terms of the Purchase Agreement and the Goodwill Agreement, Roca Properties paid $100,000 to HDC and $100,000 to Senner at closing. Roca Properties also entered into two promissory notes for $100,000 each as part of the purchase transaction: one in favor of HDC and one in favor of Senner. That same day, Chester and Daza each signed a personal guaranty for the two notes.
The Noncompete Agreement with Ares. A month after the purchase transaction, Senner, HDC, and Ares executed a “Release, Non-Compete/Non-Solicit, and Non-Disparagement Agreement” (the “Noncompete Agreement”). Pursuant to the terms of the Noncompete Agreement, Ares agreed not to sponsor or conduct a dance competition at the same time as the Hotlanta Competition. Under a paragraph entitled “Additional Consideration,” the Noncompete Agreement further provided that Ares would be conveyed “the intangible and tangible property described in the attached Exhibit A.”
Exhibit A to the Noncompete Agreement listed the property conveyed to Ares, which included “[a]ny and all interest in the Rising Star Newcomers Circuit,” “[a]ny and all interest in the Rising Star Newcomers Ball,” and “[a]ny and all interest in the Georgia entity registered with the Secretary of State and known as ‘Rising Star Newcomers Ball, Inc.’ ” Exhibit A also listed a series of personal items that would be conveyed to Ares, such as a sofa and a floor lamp, that had been located in Senner’s house. Although the Noncompete Agreement had a signature line for Roca Properties, counsel for Roca Properties testified that the company refused to sign it because the inclusion of the personal items in Exhibit A “muddied the waters.”
Operation of the Rising Star Circuit. Ares founded and organized the Rising Star Circuit of amateur ballroom dance competitions as he had planned. Ares initially intended to use the name “Rising Star Newcomers Ball” for the annual grand finale event for his Rising Star Circuit of amateur competitions held in Atlanta. However, he ultimately changed the name of the grand finale event to the “American Dance Classic.” The American Dance Classic has been held every October since 2010, after the Hotlanta Competition held the same month.
The 2010 and 2011 Hotlanta Competitions. The Roca Defendants organized and hosted the Hotlanta Competition in 2010 and 2011. They did not host an amateur competition in a separate ballroom. The number of paid entries for the 2010 competition was 3,120 and for the 2011 competition was 2,958. Roca Properties did not make a profit on either the 2010 or 2011 Hotlanta Competition. Consequently, Roca Properties chose not to host a Hotlanta Competition in 2012.
Post-Closing Financial Disclosures. The Roca Defendants learned that the figure of 7,195 paid entries for the 2009 Hotlanta Competition that had been supplied to them by Senner included the number of paid entries for the Rising Star Ball. Excluding the paid entries for the Rising Star Ball, the number of paid entries for the 2009 Hotlanta Competition had only been 4,911. According to the Roca Defendants, they would not have entered into the purchase transaction had they known the true number of paid entries for the 2009 Hotlanta Competition.
Additionally, after the 2010 and 2011 Hotlanta Competitions, the Roca Defendants began to question the figures that had been provided to them by Senner in her handwritten notes. HDC had filed its 2009 tax return after the closing of the purchase transaction, and it showed revenues of $261,767, expenses of $238,711, and profit of $23,056. If Senner’s handwritten notes were meant to show the 2009 financial performance of HDC, the financial figures in the notes reflected a profit significantly higher than what was shown on the 2009 tax return. The Roca Defendants asserted that they would not have entered into the purchase transaction if they had known the actual financial condition of HDC in 2009 as reflected in the tax return.
Dispute over Payment of the Notes. Roca Properties did not make payment on the promissory notes to HDC and Senner when they became due. In February 2012, the Roca Defendants advised HDC and Senner that they were rescinding the notes and guarantees because they had been fraudulently induced to enter into the purchase transaction by Senner. According to the Roca Defendants, they would not have purchased the assets of HDC and Senner’s associated goodwill or signed the notes and guarantees, had they known the true number of paid entries for the 2009 Hotlanta Competition and the actual financial condition of HDC for that year.
The Lawsuit. The HDC Plaintiffs sued the Roca Defendants for breach of the promissory notes and related personal guarantees, prejudgment and postjudgment interest, and attorney fees. The Roca Defendants answered and asserted counterclaims for the breach of certain express warranties contained in the Purchase Agreement, fraud in the inducement, indemnification under the terms of the Purchase Agreement, attorney fees, and punitive damages.
Following discovery, the HDC Plaintiffs moved for summary judgment on all of their claims and the Roca Defendants’ counterclaims, contending, among other things, that the uncontroverted evidence showed that the Roca Defendants had defaulted on the notes and guarantees and had not been fraudulently induced into entering into the purchase transaction. The Roca Defendants responded that there were genuine issues of material fact as to whether they were fraudulently inducedto enter into the purchase transaction by Senner’s misrepresentations about the number of paid entries for the 2009 Hotlanta Competition and about the financial condition of HDC in 2009.
Concluding that no genuine issues of material fact existed, the trial court granted summary judgment in favor of the HDC Plaintiffs on all of the claims and counterclaims. The trial court found that the uncontroverted evidence showed that the HDC Plaintiffs had not made any actionable false representations to the Roca Defendants about the number of paid entries for the 2009 Hotlanta Competition or the 2009 financial performance of HDC, and that there was no evidence that the Roca Defendants actually relied on any alleged misrepresentations about HDC’s 2009 financial performance. The trial court thereafter entered final judgment in favor of the HDC Plaintiffs and jointly and severally against the Roca Defendants, awarding the HD C Plaintiffs the principal amount owed on the notes, prejudgment and postjudgment interest, and attorney fees and costs. This appeal followed.
1. We first address the trial court’s grant of summary judgment in favor of the HDC Plaintiffs on their claims for breach of the promissory notes and personal guarantees. According to the Roca Defendants, a genuine issue of material fact exists as to whether they were fraudulently induced to enter into the notes and guarantees, and the trial court erred in concluding otherwise.
A creditor suing on a promissory note establishes a prima facie case to judgment as a matter of law by producing the note and showing that it was signed by the debtor and is in default. Lovell v. Ga. Trust Bank, 318 Ga. App. 860, 863 (2) (734 SE2d 847) (2012); Speir v. Nicholson, 202 Ga. App. 405, 408 (2) (414 SE2d 533) (1992). Once a prima facie case has been made by the creditor, the burden of production shifts to the debtor to produce or point to evidence that establishes an affirmative defense. Big Sandy Partnership v. Branch Banking & Trust Co., 313 Ga. App. 871, 872 (1) (723 SE2d 82) (2012). Fraud in the inducement is a good defense to the enforceability of an obligation to pay a promissory note. Jocelyn Canyon, Inc. v. Lentjes, 292 Ga. App. 608, 611 (664 SE2d 908) (2008); Morgan v. Hawkins, 155 Ga. App. 836, 837 (1) (273 SE2d 221) (1980). Mindful of these principles, we turn to the specific allegations of fraudulent inducement alleged by the Roca Defendants.
(a) The Number of Paid Entries for the 2009 Hotlanta Competition. In opposing summary judgment, the Roca Defendants alleged that they had been fraudulently induced to enter into the notes and guarantees by Senner’s misrepresentation about the number of paid entries for the 2009 Hotlanta Competition. According to the Roca Defendants, the evidence showed that they acquired the Hotlanta Competition, not the Rising Star Ball, when they purchased the assets of HDC pursuant to the Purchase Agreement. Senner, however, included the number of paid entries for the Rising Star Ball in the number that she represented to the Roca Defendants as being the number of paid entries for the 2009 Hotlanta Competition. The Roca Defendants argued that by including entry figures for the Rising Star Ball, a jury could find that Senner misled them about the size and success of the 2009 Hotlanta Competition.
The trial court rejected the Roca Defendants’ argument, finding that the uncontroverted evidence showed that the amateur dance competition known as the Rising Star Ball was not a separate event from the Hotlanta Competition. Consequently, the trial court concluded that when the Roca Defendants acquired the Hotlanta Competition from HDC, they also acquired the right to host an amateur dance competition in a second ballroom. According to the trial court, “Rising Star Ball” was nothing more than a registered trade name, and even if Ares retained the rights to the name, it did not make the entry numbers supplied by Senner misleading. Rather, the trial court reasoned, because the Roca Defendants had been conveyed the right to host an amateur dance competition in a second ballroom “under another name had they so chosen,” the inclusion of the entry numbers for Rising Star Ball in the number supplied by Senner was not misleading and did not constitute a false representation as a matter of law. The trial court’s findings and conclusions were in error.
(i) Evidence that the Rising Star Ball Was a Separate Event. As an initial matter, there was evidence from which a jury could find that the Rising Star Ball was a separate event from the Hotlanta Competition. In this regard, the Roca Defendants pointed to evidence that the Rising Star Ball was conducted in a separate ballroom from the professional dance competition, that the brochure for the Hotlanta Competition and the Rising Star Ball was divided into separate parts for the two competitions, and that the Rising Star Ball had its own entry forms, schedule, check-in days, and awards. In addition, there was evidence that the Hotlanta Competition was founded in 1997 by Senner and Ares, while the Rising Star Ball was founded in 2006 solely by Ares. Ares also testified that unlike the Hotlanta Competition, the Rising Star Ball was not sanctioned by the NDCA. Finally, there was evidence that Senner registered a separate entity named “Rising Star Newcomers Ball, Inc.” with the Georgia Secretary of State. This combined evidence, construed in favor of the Roca Defendants, would support a finding by a jury that the Rising Star Ball was a separate event from the Hotlanta Competition. Hence, contrary to the trial court’s conclusion, there was some evidence that the Rising Star Ball was more than simply a registered trade name; construed in favor of the Roca Defendants, the evidence showed that it was a separate dance competition, the tangible and intangible rights to which were distinctive from any rights associated with the Hotlanta Competition.
Accordingly, the operative question is whether the Roca Defendants acquired any right or interest in holding the Rising Star Ball when they purchased the assets of HDC. We conclude that there was evidence from which a jury could answer this question in the negative. While the language of the Purchase Agreement was ambiguous on this point, there was parol evidence from which a jury could find that the parties understood that Ares would retain all of the rights to the Rising Star Ball.
(ii) The Language of the Purchase Agreement. The “cardinal rule” of contract construction “is to ascertain the intention of the parties.” OCGA § 13-2-3. “Where the contract terms are clear and unambiguous, the court will look to that alone to find the true intent of the parties.” (Citations and punctuation omitted.) Municipal Elec. Auth. of Ga. v. Gold-Arrow Farms, Inc., 276 Ga. App. 862, 866 (1) (625 SE2d 57) (2005). But if the contract contains an ambiguity that cannot be resolved through the rules of construction, the court may look outside the written terms of the contract and consider parol evidence. Id. at 866-867 (1). See OCGA § 13-2-2 (1). And if the parol evidence is in conflict, “the question of what the parties intended becomes a factual issue for the jury.” (Citations omitted.) Dye v. Mechanical Enterprises, Inc., 308 Ga. App. 311, 314 (708 SE2d 24) (2011). See DJ Mortgage, LLC v. Synovus Bank, 325 Ga. App. 382, 391-393 (2) (a) (i) (A) (III) (750 SE2d 797) (2013).
Here, the Purchase Agreement recites that HDC is “the owner of the certain assets including but not limited to the name, service mark, and sanctioned approval of a certain dance competition held annually in Atlanta, Georgia and known as the ‘Hotlanta Dance Competition’ (the ‘Competition’),” and that Roca Properties wishes to acquire from HDC “substantially all of the assets used in promoting and conducting ... [the] Competition, upon the terms and subject to the conditions hereinafter set forth.”
The “assets” of HDC being purchased by Roca Properties are defined by the Purchase Agreement to include “all of the assets, rights, interests, client lists, client files, intellectual property... used by the Competition,” with the “assets” more fully described in an attached schedule of “Purchased Assets.” The list of “Purchased Assets” includes “all other properties and assets of every kind and nature, tangible or intangible owned by [HDC] and used for or held for use in connection with the Competition, other than real property.” Also attached to the Purchase Agreement is a schedule of “Excluded Assets.”
The Purchase Agreement also contains provisions relating to the rights and interests claimed by Ares. Section 2.7 of the Purchase Agreement states that the parties will “use their reasonably best efforts to cause . . . Ares” to enter into a “Release, Non-Compete and Non-Disparagement Agreement” with the parties for a period of two years. Schedule 3.5 further specifies that good and marketable title to HDC’s assets excludes “[a]ny legal or equitable interest claimed by... Ares,” unless and until any such claimed interest is released and transferred to the parties “pursuant to the requirements of Section 2.7.”
Taken together, these provisions of the Purchase Agreement are ambiguous regarding the conveyance of the Rising Star Ball. Notably, although the Purchase Agreement contains a broad definition of the “Assets” and the “Purchased Assets” conveyed to the Roca Defendants, it makes no reference to any right or interest in the Rising Star Ball in its definition of the “Competition” or “Assets,” in its schedules of “Purchased Assets” and “Excluded Assets,” or in any other paragraph or schedule. Furthermore, while Schedule 3.5 indicates that certain “legal or equitable interest[s]” are being retained by Ares unless and until he transfers those rights to the parties as part of a noncompete agreement, the Purchase Agreement does not further specify what particular “interests” are being retained by Ares.
Under these circumstances, it is simply unclear from the language of the Purchase Agreement whether the Roca Defendants were being conveyed any right or interest in holding the Rising Star Ball when they purchased the assets of HDC, or whether Ares was retaining all of the rights to the Rising Star Ball. Moreover, the parties have not pointed to any rules of construction that would resolve the ambiguity, and we have found none. Therefore, we may look outside the four corners of the Purchase Agreement and consider parol evidence. See Municipal Elec. Auth. of Ga., 276 Ga. App. at 866-867 (1).
(iii) The Parol Evidence. Our review of the parol evidence leads us to conclude that there was evidence from which a jury could find that the parties never intended for the Roca Defendants to obtain any right or interest in holding the Rising Star Ball as part of the Purchase Agreement. According to Chester, throughout the negotiations, she informed Senner that the Roca Defendants did not want to purchase the Rising Star Ball or have any involvement with Ares, whom Chester believed had a bad reputation in the dance community. Chester further testified that the Roca Defendants did not host an amateur dance competition in a second ballroom as part of the 2010 and 2011 Hotlanta Competitions because that was “Ares’ competition” and they “did not purchase it.”
Ares likewise testified that the Roca Defendants did not intend to purchase any assets associated with the Rising Star Ball, which would include the trademark and the right to host the competition. Furthermore, in their respective affidavits, Chester and Daza averred that Senner represented to them on several occasions that the Rising Star Ball would not be part of the sale of the assets of HDC to Roca Properties and that Ares would take the Rising Star Ball and operate it on his own.
Counsel for Roca Properties likewise testified that the parties had several discussions about Ares and the Rising Star Ball, and that it was made clear to Senner that Chester did not want to work with Ares. According to Roca Properties’ counsel, all of the parties understood through their discussions that Ares would continue to operate the Rising Star Ball on his own and that any assets associated with that amateur competition would not be purchased as part of the sale. Reeves, the potential investor in Roca Properties who was involved in the negotiations, also testified that Senner represented to him that she was not including the Rising Star Ball as part of the sale.
Finally, “[t]he subsequent conduct of the parties to an agreement maybe considered as evidence of their intent.” Tidwell v. Bassett, 271 Ga. App. 867, 869 (611 SE2d 123) (2005). The evidence showed that a month after the parties entered into the Purchase Agreement, the HDC Plaintiffs and Ares executed the Noncompete Agreement under which the HDC Plaintiffs agreed to transfer to Ares “any and all interest in the Rising Star Newcomers Circuit,” “any and all interest in the Rising Star Newcomers Ball,” and “[a]ny and all interest in the Georgia entity registered with the Secretary of State and known as ‘Rising Star Newcomers Ball, Inc.’ ” Indeed, after the parties entered into the Purchase Agreement, Ares organized and operated the Rising Star Circuit, which included an amateur dance competition held every year in October in Atlanta, without any protest from the parties. This evidence further indicates that the parties never contemplated that the Roca Defendants would obtain a right or interest in holding the Rising Star Ball; instead, all of those rights were retained by Ares.
It is true that the HDC Plaintiffs presented evidence supporting a different view of the Rising Star Ball and of what the parties intended to be conveyed in the Purchase Agreement. But given the evidence produced by the Roca Defendants, there is a genuine issue of material fact as to whether the Rising Star Ball was a separate event from the Hotlanta Competition, and whether the Roca Defendants were conveyed any interest or right in holding the Rising Star Ball as part of the Purchase Agreement. If a jury were to find that the Rising Star Ball was a separate event and that the Roca Defendants were not conveyed any rights to it, a jury could likewise find that Senner’s inclusion of the number of paid entries for the Rising Star Ball in the number for the 2009 Hotlanta Competition provided to the Roca Defendants was misleading and constituted a false representation. Thus, the trial court based its grant of summary judgment to the HDC Plaintiffs on an erroneous ground.
(b) Financial Information about the 2009 Hotlanta Competition. In opposing summary judgment, the Roca Defendants also alleged that they had been fraudulently induced to enter into the notes and guarantees by Senner’s misrepresentations about the financial condition of HDC in 2009. Specifically, the Roca Defendants contended that Senner’s handwritten notes provided to them during the negotiations included revenue and profit figures for the 2009 Hotlanta Competition that were grossly inflated and misled them about the true financial condition of HDC. In contrast, the HDC Plaintiffs contended that Senner’s notes were simply projections for additional revenue sources and lower operating expenses for the Hotlanta Competition in future years and thus could not provide the basis for a claim of fraudulent inducement.
Agreeing with the HDC Plaintiffs, the trial court found that the uncontroverted evidence showed that the handwritten notes provided to the Roca Defendants by Senner contained mere projections for growth in future years, not representations about the financial performance of the 2009 Hotlanta Competition. The trial court further found that there was no evidence that the Roca Defendants relied on the handwritten notes as representations of the performance of the Hotlanta Competition in 2009 when deciding to enter into the purchase transaction. As such, the trial court concluded that there was no evidence of any fraudulent misrepresentations by Senner about the profitability of the Hotlanta Competition in 2009 and no evidence of reliance by the Roca Defendants on the handwritten notes. We disagree with both of these conclusions reached by the trial court.
(i) The Interpretation of Senner’s Handwritten Notes. Our precedent makes clear that under Georgia law,
mere opinions, predictions, and conjectures relating to future events cannot form the basis of a fraud claim. It is axiomatic that a false representation made by a defendant, to be actionable, must relate to an existing fact or a past event. Fraud cannot consist of mere broken promises, unfilled predictions or erroneous conjecture as to future events. Representations concerning expectations and hopes are not actionable.
(Citation and punctuation omitted.) Greenwald v. Odom, 314 Ga. App. 46, 52-53 (1) (723 SE2d 305) (2012).
Here, Senner’s handwritten notes are undated and do not contain any notations stating the purpose of the notes. The first page of the notes lists revenue sources for the Hotlanta Competition with total revenue listed as “356,595 - 373,765.” The second page again lists revenue sources and includes a total revenue figure of $373,765. The final page details a list of expenses for the Hotlanta Competition totaling $186,000.
Senner submitted an affidavit in which she averred that the notes were not intended to represent the financial performance of the Hotlanta Competition in 2009. Rather, she averred that the notes were nothing more than projections for additional revenue sources and lower expenses for the operation of the Hotlanta Competition in future years. In her affidavit, Senner went through each line of her notes in an effort to explain how the figures represented projections for future revenues and expenses, and she pointed out that her notes listed a range of possible revenue and rounded expense figures, consistent with the numbers being projections of future performance.
The trial court agreed with Senner’s interpretation of the handwritten notes. But the Roca Defendants presented evidence that the notes were intended to provide them with information about the financial performance of the Hotlanta Competition in 2009, given that the 2009 tax return and other financial documents for that year were not available for their review. Specifically, Daza testified that Senner’s handwritten notes were shown to the Roca Defendants during a meeting before the purchase transaction and were intended to provide them with the financial numbers for the 2009 Hotlanta Competition. According to Daza, the notes contained rounded figures in certain places because Senner could not remember the exact numbers when she wrote out her notes. Likewise, Roca Properties’ counsel testified that he was provided a copy of the handwritten notes from HDC’s attorney and was told that the notes were intended to represent the revenues and expenses for 2009. Lastly, Reeves averred in his affidavit that the parties attended an in-person meeting with Senner on March 10, 2010, and his own notes from that meeting reflect that Senner informed them that total revenues for 2009 were $356,000, total expenses were $186,000, and total profit was $170,000, which was generally consistent with information contained in Senner’s handwritten notes.
In light of the conflicting evidence regarding Senner’s handwritten notes, the trial court erred in concluding that the uncontroverted evidence showed that the notes were mere projections of future performance and thus were nonactionable predictions and conjecture about future events. Construed in favor of the Roca Defendants, the evidence would support a finding that the handwritten notes were provided by Senner to supply the Roca Defendants with information about the financial performance of the Hotlanta Competition in 2009, and thus could support a claim for fraudulent inducement.
(ii) Reliance on Senner’s Handwritten Notes. Critical to any fraud claim is proof that the victim actually relied on the representation forming the basis for his or her claim. Bithoney v. Fulton-DeKalb Hosp. Auth., 313 Ga. App. 335, 344 (2) (721 SE2d 577) (2011). Generally, questions about reliance are for the jury to determine. Orion Capital Partners, L.P. v. Westinghouse Elec. Corp., 223 Ga. App. 539, 542 (2) (b) (478 SE2d 382) (1996).
The trial court erred in finding that there was no evidence that the Roca Defendants relied on Senner’s handwritten notes as representations of the 2009 financial performance of the Hotlanta Competition when deciding to enter into the purchase transaction. Chester and Daza averred in their affidavits that they executed the Purchase Agreement and other closing documents based on Senner’s representations to them and based on the financial documents provided to them as part of the negotiations over the purchase transaction, which included Senner’s handwritten notes. Furthermore, Daza testified in his deposition that the numbers in the handwritten notes “were mostly the numbers we were basing our purchase” of HDC’s assets on. This affidavit and deposition testimony, combined with the evidence presented by the Roca Defendants discussed supra in Division 1 (b) (i), would support a finding that the Roca Defendants actually relied on Senner’s handwritten notes as representations of the 2009 financial performance of the Hotlanta Competition in deciding to enter into the Purchase Agreement and other closing documents. It follows that the trial court erred in concluding that there was no evidence of reliance on the handwritten notes.
(c) In summary, fraudulent inducement can serve as a defense to a claim for breach of a note or guaranty. Jocelyn Canyon, Inc., 292 Ga. App. at 611; Morgan, 155 Ga. App. at 837 (1). In the present case, there are issues of fact regarding whether the HDC Plaintiffs made any false representations to the Roca Defendants about the number of paid entries and financial performance of the 2009 Hotlanta Competition as part of the negotiations over the purchase transaction, and whether the Roca Defendants actually relied on the alleged misrepresentations about the 2009 financial performance. The trial court erred in concluding otherwise and in granting summary judgment to the HDC Plaintiffs on their claims for breach of the promissory notes and personal guarantees based on those erroneous legal conclusions.
2. The trial court granted summary judgment in favor of the HDC Plaintiffs on their claim for attorney fees and on all of the Roca Defendants’ counterclaims for the same reasons that it granted summary judgment to the HDC Plaintiffs on their claims for breach of the notes and guarantees. Hence, the trial court erred in granting summary judgment to the HDC Plaintiffs on the attorney fees claims and the counterclaims for the same reasons previously discussed.
3. The HDC Plaintiffs raised several additional grounds for summary judgment that were not addressed or ruled upon by the trial court in its order. Pursuantto City of Gainesville v. Dodd, 275 Ga. 834, 838-839 (573 SE2d 369) (2002), we exercise our discretion and decline to address the additional grounds not ruled upon by the trial court. See Medical Center of Central Ga. v. City of Macon, 326 Ga. App. 603, 607 (2) (757 SE2d 207) (2014). Consequently, we vacate the trial court’s summary judgment order and remand for the trial court to consider in the first instance the additional grounds raised by the HDC Plaintiffs in support of their motion for summary judgment. See id.; City of Gainesville, 275 Ga. at 838-839.
Decided June 24, 2014.
Friedman, Dever & Merlin, H. Michael Dever, Genevieve H. Dame, for appellants.
Wasson, Sours & Harris, Gene E. Massafra, for appellees.
Judgment vacated and case remanded with instruction.
Boggs and Branch, JJ., concur.
HDC later merged into Dance Hotlanta, Inc., which was also owned solely by Senner.
| CASELAW |
Panasonic TV Red Light Blinks 10 Times
Panasonic was everyone’s choice in the past because they offered TVs that were the best in their market for decades. The Panasonic company started with CRT models. Today, the factory offers a nice selection of large-screen televisions, excelling as the most energy-efficient TV brand.
What indicates Panasonic tv red light? Why?
My Panasonic TC-55CX400U once had its red led light turn on and respond to the remote, but the screen stayed black.
Panasonic usually makes pretty good TVs. So it might be worth fixing. The procedure to solve this issue is a bit complex and long.
First of all, test all pins on the connector from mainboard to powerboard on powerboard side, all board connected. Don’t remove the connector. You can use a pin to touch through the upper portion of the connector to the pins. You can try disconnecting one at a time. Disconnect the ribbon cable going from the tcon to the panel and notice the changes.
Standby test. Then supply power report both conditions, example: pin 1 bl-on=0 volts standby and 3.3 powered on, report results for every pin. Follow and make a note of any changes to the PINs. Check for similar labeling on the main card that provides other possible signals/voltages that need checking.
Further, the bottom board should see the 12v somewhere towards it. The fuse is usually on the board, which should also be checked.
The cables on the bottom go around and connect to the edge board attached to the panel. Disconnect one at a time. Check the resulting display to see 12v somewhere on the icon as that voltage comes from the main card to power the tcon and more. As for the main, the voltages go from the power board to the main. You can trace visually or with a meter or possibly look for labeling on the card.
Icon fuse will start with F. It looks like F104 or something close. It’s white, close to the left connector. Check meter set at 20 Vdc, black probe to ground, touch the red probe to each side of the fuse, looking for about 12 volts on each side. Also, unplug the cable from the power supply board to the mainboard as suggested, then plug tv, in turn, it on to see if backlights come on and stay on.
If you look at your icon, there is a vcom point and vref. Check those, especially vcom. There might be others labeled, so look at those, especially the panel cables. Further, your “hold the power button for 10 sec “… potentially is a type of “force on” for Panasonic… at least that is what is used in their plasma sets…. usually the system then may flash an error code after that, but it appears that is not happening for this model… maybe. Further, other connectors/voltages are going to the backlights and other places on the power board. Check those, especially going to the backlights.
Check the voltages to the backlights since you get a flicker or flash. Perhaps the LED driver circuit is shutting down due to an error on the LED in the panel. There would generally be a large voltage, sometimes above 200V DC.
Panasonic tv won’t turn on the flashing red light.
Panasonic TV does not turn on when one presses the power switch on the set. There is a blinking green light. Then it goes solid. The display comes on and goes off 3 times, then it goes off completely, and the power light slowly flashes red continuously. If the power button is kept on hold and turn it off and back on, it does the same as above. When the display is on, there is a noticeable noise from the inverter board that is only audible when the screen is illuminated. It goes off and back on with the screen.
The noise is quite a high pitched noise and quite loud
Edge-lit tv, But backlights do go on these as well.
Check the LEDs using a led tester from the connectors first without taking them apart first. Also, check voltages at the led inverter there.
It seems for 3 blinks
A -board P -board
Mainboard generally gets the good old cracked joints on the BGA chip for this model. Remove the heatsink on the mainboard, heat the BGA chip with hot air, see if that temporarily fixes your issue. Often when the mainboards go wrong, they won’t self-diagnose properly and then won’t throw the correct error codes or won’t throw an error code at all.
How do I fix 10 blinking lights on my Panasonic TV?
10 blinks on Panasonic th42pz85u is the SOS code for over-voltage. It is commonly a bad diode. Some have reported a Zener diode ZD302 which stops the 15v rail from starting.
Check and see if ZD302 is shorted, but it is not necessarily the issue. It could be anything setting off an overvoltage issue.
According to the Panasonic Training Manual – 11th Generation HD Plasmas Troubleshooting 10 blinks Condition At Plug-In
These are the 3 conditions that can cause the TV to shut down and the power LED to blink 10 times.
1. Miss/Short in F_STB_15V
2. Miss/Short in SUB9V, SUB5V, and SUB3.3V
3. Wrong diagnostic by the Aboard
Sometimes, when checking your appliances, you need the exact voltage to make sure that the circuit is not damaged. Using a voltmeter is necessary for this task. It’s important to take the voltage reading from a known point.
Before testing, the voltage meter should be held with the probe parallel to the ground, test point, or connector’s pin. The aim is to take an accurate reading before turning your TV off. To troubleshoot a PDP TV that shuts down and the power LED is blinking 10 times:
• First of all, confirm The P board may be defective if V15 is not output by pin 7, 8, or 9 of connector P6.
• If the F STB 15V voltage is OK, it is likely that the A board is defective.
• It’s possible that one of the smaller boards connected to the A board may cause the unit to shut down and blink the power LED 10 times.
• Disconnect the K board from A1/K1.
• Disconnect connector A/52 to isolate the GS board.
• Disconnect the connector labeled A11/GH11 on the power strip to isolate the GH board.
• The defective power board is the main cause of a TV model not turning off or going into standby mode. If the connector that provides the sub-voltages to that board is not removed, the TV may eventually shut down with unexpected results.
Sub-Voltages Distribution
• The F+15V found on the P board provides power to the DC-DC converter in Aboard. This A board outputs exact voltage values (9V, 5V, 3.3V).
• The Aboard only uses the 9V.
• The 5V, besides being used in the Aboard, is also distributed to the K and GH boards.
• The A board uses 3.3V, and the GH and GS boards also use 3.3V for anything that needs power.
• A blinking code from the power LED indicates a potential issue with electricity in your house. If any of these voltages show an abnormal measurement, don’t hesitate to contact the company for assistance.
Fixing the 10 blinks at Power On
If a televisions TV turns off and the power LED blinks 10 times, then these 5 conditions may have caused it to do so:
1. Missed/Short at F_STB_15V
2. Short at P15V
3. Missing/Short at SUB9V, SUB5V, and SUB3.3V
4. Missing/Short at Vda (Shorted Vda causes 5 blinks)
5. Wrong diagnostic by the Aboard
The same circuit creates the P15V and the F_STB_15V in the power supply circuit. A short P15V typically causes the TV to shut down, and the power LED blinks 2 times. An issue with the Power Supply Unit (PSU) or a shorted P15V affects the F_STB_15V will just shut down without any warning. As soon as it stops being stressed, this symptom will also disappear.
• If the SC board and the SS board indicator lights are lit, then these boards are OK. If both of these lights are not lit, there may be a problem with either the power or communication lines. If this is the case, disconnecting one of these boards and re-verifying their status will allow for only one board to continue driving (either P6 or P7)
• If one or more of the LEDs on the SS or SC boards are unlit, isolate them one at a time.
• If the SS and SC boards are fine, the P board may be defective.
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STM32 Analog Converter Phase Noise
[Avian] has been using STM32 ARM processors to sample RF for a variety of applications. At first, he was receiving relatively wide TV signals. Recently, though, he’s started dealing with very narrow signals and he found that his samples had a lot of spread in the frequency domain that he didn’t expect.
What followed was some detective work that resulted in a determination that phase noise was the culprit. But why? [Avian] took some measurements and noticed that the phase noise almost exactly matched the phase noise specification for the STM32’s phase locked loop (PLL).
Unfortunately, there didn’t seem to be a good way to avoid using the PLL without major changes to the rest of the circuit. However, it was quite the learning experience and something to be aware of when counting on built-in converters for high-accuracy measurements.
One of the best things about this post is the references to more information. There’s a great explanation of phase noise, as well as a specific application note about clock jitter and analog converters.
We’ve talked about phase noise in direct digital synthesis a few times. But usually, it is pretty obvious like when you are asking a CPU to double as an RF transmitter. [Avian’s] post was a bit more of a detective story.
13 thoughts on “STM32 Analog Converter Phase Noise
1. Hey, small correction (by the way, how to reach out to the editors for those? Do it here? Feels a bit like spam. But there’s no email address to do it directly?):
He was not first receiving relatively wide TV signals – he was receiving _TV Whitespance signals, i.e. signals that reside within places where there used to be analog TV channels.
In particular, he mentions wireless mics – those seem to be “relatively wide” compared to what he “does for the institute”, but at maybe 75 kHz to 100 kHz, they are definitely still pretty narrow compared to 6 MHz to 8 MHz TV channels.
1. I find the radio platform that he has made really nifty, reusing a terrestrial TV receiver frontend. You could make your own portable little SDR.
I have looked at the chip from NXP, but their product datasheet has no I2C register definitions at all! Really irritating, had to google around to find the datasheet but come on. There are no nefarious purposes for such a device, but still they keep it a secret.
2. This is one the reasons Low-IF is used in good receivers vs. Zero-IF, but then you have to do the that final down conversion digitally and you loose some of your channel bandwidth. For a great narrow-band receiver, that is what you are going to do though. For a really wide signal like WiFi OFDM (802.11AGN), the sub-carriers located around zero are not even used and replaced with a null instead, so doesn’t really matter.
3. For me the concept is well known, but I did not think of it in the context of CPUs. It played a major role in my diploma thesis project. But when I read about the PLL in the chip, all was clear.
4. If I recall from some STM32 Application notes (AN3988) to reduce PLL jitter you can calculate your dividers such that PLLVCO is close to 2MHz.
What chip is it if the PLL can’t be driven from HSE, that could go a long way to solving it as well.
1. Exactly what I thought. If he just used a rectangular window, the phase noise is not phase noise but leakage. But judging by his other articles, he sounds way more expirience to do this noob mistake…..
1. Just compared my simulation against that first FFT plot shown and it looks almost exactly like that with rectangular window. The actual ADC output is much better than that. I’d post some images comparing measured vs. simulated, but doesn’t look like this site supports posting images. That plot is almost certainly the result of using rectangular FFT window (no window at all) and thus much of the “phase noise” is spectral leakage in my estimation.
5. If I recall from some STM32 Application notes (AN3988) to reduce PLL jitter you can calculate your dividers such that PLLVCO is close to 2MHz.
What chip is it if the PLL can’t be driven from HSE? If its possible that could go a long way to solving it as well.
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Wikipedia:Articles for deletion/Leonard Arthur Bethell
The result was keep __EXPECTED_UNCONNECTED_PAGE__. Withdrawn by nominator. (non-admin closure) CycloneYoris talk! 20:53, 24 April 2023 (UTC)
Leonard Arthur Bethell
* – ( View AfD View log | edits since nomination)
* Delete Doesn't seem to pass AUTHOR. I did a newspaper search at the LOC from 1870 to 1915. His name never turns up. I'd expect some kind of mention of his books. Oaktree b (talk) 20:43, 9 April 2023 (UTC)
The French article is longer, but not all that much help. It does say that the Algerian were there with armored vehicles. I could, actually, conceive of such a battle being ignored since Algeria would have been newly independent and probably wasn't expected to stand chance against Israel. That doesn't mean that that's what happened though. As far as the author goes, he was a wartime general who saw action in this war. How is that not notable. I think you must be getting that assessment by looking for book reviews or something. I also strongly suggest checking in Arabic. Hth Elinruby (talk) 01:37, 11 April 2023 (UTC) <--moving thisto the discussion about the battle in the Yom Kippur War. Elinruby (talk) 21:57, 11 April 2023 (UTC)
* I expected this to be a delete, but it's probably not, I think he's a keep. That didn't find his books on searching for his real name might be because he published under the pseudonym "Pousse Cailloux", as the article says, and also using merely his initials with no name. He and his books do get mentions by others, e.g. an article in the Journal of Asian Studies by Carrington, and he's quoted here. I find his books still widely on sale in the second hand market, which implies that they sold well in his day; I found multiple copies of Jungle Tales and Garden of the Hesperides available for sale everywhere from the UK to New Zealand. I suspect he was a sufficient author in his day to pass. The article could do with some work; some parts of it are rather interesting original research and include speculation that isn't appropriate in WP; for example, we should not make the connection between the date of his house being bombed and the death of his wife, that should be done elsewhere and then reported here. Elemimele (talk) 21:53, 9 April 2023 (UTC)
* "Pousse Cailloux" brings up an article about the French 75 pounder gun in newspapers from 1916. Mentions him briefly still not enough for notability. Oaktree b (talk) 01:36, 10 April 2023 (UTC)
* I found two of his books in LOC - 'His Majesty's Shirt-sleeves' 1930, and 'Tales from the Outposts' 1932. Maybe the search window (from 1870 to 1915) was too narrow ? Charles.bowyer (talk) 18:36, 10 April 2023 (UTC)
* NB I used his real name - Leonard Arthur Bethell Charles.bowyer (talk) 18:40, 10 April 2023 (UTC)
* Draftify per nom. The article in its current state doesn't provide evidence of notability, and I was unable to find any significant coverage online. Sojourner in the earth (talk) 08:46, 10 April 2023 (UTC)
* I'm not sure that LOC (Library of Congress - I assume) is the best place to look for him. British Library (Asian section) is better - there you will find his letters, in the manuscript section (restricted section in fact), his books, and other references. Some parts of my article can be easily changed, but the problem area is 'notability'. I believe him to be notable - from the books he published - but trying to match Wikipedia's standard measures has been a struggle. Apart from the British Library entries, I can say that the authors he worked with on 'Tales from the Outposts' include significant national and literary figures - I count 19 Wikipedia entries among them. (See article). Charles.bowyer (talk) 19:47, 10 April 2023 (UTC)
* It was a search in American newspapers, so he might not have gotten much readership in the US. I have a few Canuck newspaper archives I use, I'll try there later. Oaktree b (talk) 20:32, 10 April 2023 (UTC)
* I think your comment was intended for another deletion discussion. Mccapra (talk) 07:02, 11 April 2023 (UTC)
* yes my mistake. will move it shortly.Thanks for the good catch. Elinruby (talk) 19:21, 11 April 2023 (UTC)
PS can someone tell me the correct way of putting a comment on this stream? at the moment I’m using text edit and it doesn’t produce all the features. Charles.bowyer (talk) 21:19, 14 April 2023 (UTC)
* I thought it might be useful to add some background – because a number of people have asked me the question, why am I interested in Bethell.? Over the years, I have read widely – some books stay with you, some don’t. Bethell has stayed. Not my top author, but at number 15 in my top 30. Virtually all the others in the top 30 are well-known and respected authors and all except 2 have articles on Wikipedia. Bethell is one of the two, of course. His books are known but there is nothing about the person. It was suggested it was time something was put up about him. It was further suggested that I should be the person to do this! So here I am.
Please add new comments below this notice. Thanks, Sandstein 10:57, 17 April 2023 (UTC)
* Comment Given the large number of sources in the article, it would be helpful if someone could identify the WP:THREE best sources here. Regards, MrsSnoozyTurtle 02:26, 16 April 2023 (UTC)
* Relisted to generate a more thorough discussion and clearer consensus.
Keep per the significant coverage in multiple independent reliable sources. The subject passes Notability (people), which says: "People are presumed if they have received significant coverage in that are, of each other, and .If the depth of coverage in any given source is not substantial, then multiple independent sources may be combined to demonstrate notability; trivial coverage of a subject by secondary sources is not usually sufficient to establish notability." Sources The book notes: "It was commanded throughout by Major L. A. Bethell, O.B.E., who had come to the Regiment from the 8th Gurkhas when he was posted to the 2nd Battalion as a double-company officer on its formation in 1908. He had been with the Assam Military Police for a number of years. Bethell was a strange and in some ways eccentric character, and many stories were told about him and his unorthodox disciplinary methods, but there was never any criticism of his work as the Depot Commander throughout the war, and the 1st Battalion owed him a deep debt of gratitude for the fine drafts he sent it. He never lost sight of the one essential—that the depot existed for the sole purpose of maintaining the Battalion in the field by sending it the best trained material possible in the time available—and he also showed unusual breadth of vision in the great care he took to safe-guard the health and happiness of the families of the men on service. The Indian Army system proved to be antiquated and unsuited to the demands of modern war, and Bethell summed the situation up well when he wrote: ..." The book further notes: "Bethell profited from the experience of Kitchener's Army in England, and applied the same methods as far as they were applicable to the special conditions of the Indian Army." The book notes on page 216: "D. S. Meldrum had left the London Office before the war, and from 1920 to 1939 James Blackwood was helped by Lieut. Colonel L. A. Bethell, who wrote in 'Maga' as "Pousse Cailloux" or "Forepoint Severn," and who edited the most successful twelve-volume series of stories collected from the Magazine, "Tales from the Outposts." The book notes on page 221: "L. A. Bethell had left for work on armament production, and many of the staffs from George Street and Paternoster Row had gone into the Forces." </li> <li> The advertisement notes: "His Majesty's Shirt-Sleeves. By Pousse Cailloux. 'Deserves the publishers' description of 'epic,' and apart from the element in it, it has a value far beyond that of mere entertainment.' —Scotsman 'Can be heartily recommended.' —Graphic 'A remarkably fine book.' —Morning Post"</li> <li> The book notes on page 53: "During the years 1923–25, while the 1st Battalion was helping to keep the peace around its "home," the 2nd Battalion, under the command of Lieutenant Colonel L. A. Bethell, was farther afield doing a tour of duty in the Khyber. The period proved an uneventful one." The book notes on page 55: "In May 1924, Brevet Lieutenant-Colonel A. M. Mills, D. S. O., who was later to become Colonel of the Regiment, joined the battalion as 2nd in command. He took over officiating command when Colonel Bethell was invalided home in August of the same year." The book notes on 164: "271. BETHELL, Major LEONARD ARTHUR. Joined the 2nd Battalion as permanent Commandant from the 1/10th Gurkhas in September 1929, Commanded the Battalion until August 1925. Left the Battalion, on transfer to the 2/10th Gurkhas as Permanent Commandant, in February 1926. O.B.E." The book notes on page 172: "Rank attained up to 1937: Lieut.-Colonel. Name: L. A. Bethell, O.B.E. Tenure of command: (2nd Bn.) 1922–1926." </li> <li> The journal notes on 80: "Some months ago, I think it was in the July, 1931, number of "Blackwood's Magazine," an article entitled "Experiments in the Primitive," appeared written under the nom-de-plume of Forepoint Severn. This was an excellent article, covering entirely new ground, in which the author showed, for the first time, probably, in the history of shikar, that there is a definite peculiar influence which man exerts over animals. There is some peculiar form of mental "telepathy" which, if a man sits waiting patiently, murder in his heart, to shoot an animal, seems to warn that animal, who probably never appears. How far that influence can act, and to what range, has not yet been discovered; but that such an influence is present is coming to be more and more universally recognized." The book notes on page 81: "Anyhow, whatever theories people may have about this, we do all of us owe a debt of gratitude to "Forepoint Severn" for his courage in being the first to bring to light what must, after all, have seemed at first sight to be a crazy theory." </li> <li> The article notes: "The Garden of the Hesperides: Forepoint Severn (Blackwood; 7s. 6d.). Recollections of travel and. military and sporting life by a retired colonel. Style friendly and spirited, but author inclined to forget that what interests him personally may have little general appeal-e.g., the inclusion of a treatise on apple culture in England, the author's present occupation." </li> <li> The book notes: ""Forepoint Severn" gives another example of the effect of thought-waves when he was shooting Ammon. He had been watching some of these magnificent wild sheep at rather long range for hours on end waiting for a chance to shoot. At long last he decided to risk the shot, and, simultaneously with his decision, the three Ammon, which had paid no attention to him all day, jumped to their feet, fully alert, even though he had not made the slightest sound or movement. He then states that the Ammon must have instantly become aware of his intention to shoot by means of thought-waves giving them warning of danger." </li> <li> The article notes: ""His Majesty's Shirt Sleeves," by Pousse Cailloux. Here is a record, obviously based upon fact, of the service rendered by British officers and native troops on the North-East frontier of India. Told with humour, it gives an insight of the price at which security and order are brought in difficult country. (Wm. Blackwood and Sons, Ltd. 7s. 6d.)" </li> <li> The article notes: "Be his pen-name what the author will, his stories are as English as cricket, and as real. Fiction is his thin veneer over descriptions of the life on the Frontier of white men, Turkos, Tibetans, Pathans, and once at least the pretence of fiction is altogether dropped, and in "A Footnote" we have, with Younghusband as hero and with high praise for mules, direct narrative of a transport officer's experi-ences of the expedition to Lhasa. A woman is present in one story, white heroine of a gruesome tale, sleeping with her husband's corpse till the superstitious bearers brought it, not knowing what they bore, ..." </li> <li> The article notes: "Eastward, above and beyond the frozen Himalayan heights lay China, potential invader. At home, uneasy Government watching over India. Was the icy barrier inviolable? Was there a way through? Years before, a man said there was, that he had seen it; but he was dead. With his Gurkhas and load carriers, provisioned for many weeks, Forepoint Severn sets out to find the answer. Drummond, officer of pioneers, soldier and explorer, once a noted member of the force that Younghusband had taken to Lhasa, on leave in Scotland, having heard of the quest, takes train to Peking and disappears into the blue. "Look out for me." he writes. Such is the theme of "The Blind Road" by Forepoint Severn (8s 6d, Blackwood), a truly amazing narrative, essentially a man's book, and one that will stir the blood." </li> <li> The article notes: "Until this book of Forepoint Severn's the North East Frontier has lacked its Herodotus and Xenophon, its Stevenson and Verne. Now we have a man's tale which for vivid incident and descriptive power is likely to be long without a rival. On to his personal knowledge of the grim borderland north of Assam the author has grafted a thrilling and fascinating tale." </li> <li> The article notes: "There is a strange story in "Blackwood's Magazine" this month. It is called "The Bat Artist." Out East a "bat-artist" is a chatterer, and this story is written by Forepoint Severn. The setting is in the Austrian Tyrol, "some years ago." A Scottish character is introduced in the person of one Brodie-Munro, whose particular obsession is the superiority over all others of the Nordic races." </li> <li> The article notes: "It is a long time since I read a book of travel and adventure that gripped me as much as "The Blind Road" did. It is a bulky book of 442 pages, but not a page is to be missed; one reads on, enthralled, to the last word. Mr. Severn writes of an expedition, of which he was the leader, through the rain, forests and swamps and amongst the foothills of the north-east frontier of India to investigate the rumour—it was little more—that there was a way, through the great Himalayan chain, between China and India. ... A great story, supremely well told." </li> </ol>There is sufficient coverage in reliable sources to allow Leonard Arthur Bethell (also known as L. A. Bethell, Forepoint Severn, and Pousse Cailloux) to pass Notability, which requires "significant coverage in reliable sources that are independent of the subject". Cunard (talk) 09:46, 22 April 2023 (UTC)
* Cunard - thank you very much for your thorough and extensive coverage of this topic. Honestly - your research is better than mine ! If you wish to add to the Wiki article at all, I would be grateful. Charles.bowyer (talk) 16:14, 22 April 2023 (UTC)
</li></ul>
* Keep. Had a look in newspaper coverage but didn't find anything of note. But I was only looking under his real name. Thanks to the good work of Cunard in digging out the above references, especially the first listed, my view is the subject passes GNG. Cunard's 1st source contributes to WP:BASIC and adding in the combination of sources 2 & 4 may or may not be sufficient to take it over the line of the criteria listed, it's borderline. Anyway, I judge the subject and book review sources together to pass GNG and make the subject sufficiently notable to have a Wikipedia article. Rupples (talk) 14:50, 22 April 2023 (UTC)
* Withdraw I’m amazed at how much everyone has been able to find. Thank you! No need to prolong this discussion further I think. Mccapra (talk) 05:54, 24 April 2023 (UTC)
* The above discussion is preserved as an archive of the debate. <b style="color:red">Please do not modify it.</b> Subsequent comments should be made on the appropriate discussion page (such as the article's talk page or in a deletion review). No further edits should be made to this page. | WIKI |
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