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These lines were written by a nun living in sixthcentury Gaul.
The Roman Empire was no longer a political unit that people could rely on for peace.
The empire was divided into three different parts based on religion, language and loyalties.
Germanic invaders established new kingdoms and converted to Christianity in the West.
The Popes in Rome were acknowledged in the West slowly.
The political form of the Roman Empire continued in the East for another thousand years.
Byzantium was founded by Constantine and was separated from Rome.
The language of government changed to Greek, and people began to mingle more with the Slavic tribes to the north than with the Latins in the West.
The prophet Muhammad was born in the desert of Arabia.
The eastern and southern shores of the Mediterranean and most of Spain were conquered by followers of the new religion of Islam.
The heirs of Rome lived in uneasy, sometimes violent, proximity.
The map of the Mediterranean basin would be changed by their diff erences and confl icts.
The settlements were based on the year.
100,000 people, including 20,000 warriors.
The earliest descriptions by Romans are not accurate.
"Barbarians" are people who have language that sounded like babbling and personal hygiene that was objectionable.
It was a Roman society.
He received a classical Roman who portrayed the Germans as strong and brave and wrote letters to his friends that cared for their families.
Readers are easy and luxury.
Sidonius must be careful not to accept his descriptions in his lifetime.
He defended the customs.
We can piece together a picture of his life after his release, as he lived out the rest of his days tranquilly.
The Roman world had been reshaped, but not obliterated, as Tacitus praised the Germans' devotion to marriage.
They consider their strongest bond to be Sidonius'.
The Germans played a major role in the remaking of the Roman Empire, as they romanticized the marriage bonds.
The people of the south began to migrate.
The Baltic states and Germany were performed by women.
As they labor, but they were mainly responsible for pottery fanned out across the land, their tribes took on a lot of textile production and household care.
The alcoholic bever Goths was one of the many separate names.
The tribes traded with Rome for honey and water, which provided a lot of threat to the northern borders.
Preserving the empire is important.
Chapter 5 focused on life within the knowledge of herb lore, but we will move back in time to describe the sick and injured members of the clan.
The tribes as they entered the empire may have followed the fortunes of the early Germans because of their knowledge of brew and healing.
Final PDF to printer men often consulted their female elders.
Women were considered "peace weavers" because they were supposed to bring peace to two families.
Family ties are often overshadowed by family feuds.
Men were not limited to one wife because the purpose of marriage was to join families.
The larger his kin network became, the more wives a man had.
According to the meager sources, many p re-Christian Germans were polygynous, with men having as many wives and concubines as they could support.
In the north, corpses were mummifi ed.
Detailed information about ancient life can be found in the well-preserved bodies of independence.
The girl's hand was frozen in an obscene gesture when she was killed.
Although Tacitus claimed adultery was rare, anthropological studies show that the meat was too valuable for the milk to encourage infidel among women.
Most of the clans don't believe that adultery occurred among these.
They are thought to have invented tribes.
Adultery threatened the strength of a large, wheeled plow that only a team of six to eight kinship ties could pull.
The small plows were punished.
The technology did ing for committing adultery.
The girl's head was shaved and she was blindfolded because she didn't yield enough grain for a healthy diet.
The disruptions of wars, upset agriculture, and the importance of marriage ties lead to frequent hunger.
The gruesome average Germanic woman stood just under fi ve feet due to malnutrition.
The Germanic tribes of the Romans differed from the family traditions of the more southerly Greeks.
The heroic ideals were cherished by the north.
The central role of warfare and diet in this society was set.
Germanic men wore long-sleeved shirts and trousers.
In the evening jacket, and a fur cape secured by a gathering after a day of war making, a poet might large brooch or pin (or even a thorn if the wearer was praise a particularly heroic deed, and the warrior's impoverished).
They wore capes for warmth.
They wore patterned jewelry as a mark of north and dressed their hair with elaborate combs.
T h e M a k i n g o f t h e We s t e r n K i n g d o ms, ca
The relation ship changed in the late fourth century when a tribe of horsemen from northern China came to Asia.
The Germanic tribes were struck terror in their hearts by H Siung-hu in China.
War gear, such as sword pommels, can be found in the collection.
The spoils of the victors may be represented by ttings and helmets.
You can see the document in the hall but also speak their minds.
The G ermanic tribes were careful to ensure their loyalty.
The map shows that the Visigoths were in England.
Only one of many Germanic peoples who crossed into accuracy of the accounts of the empire in the early fi fth century can be found in this collection.
By the late third century, gold alone weighed 11 pounds and suggests that Anglo the Romans faced severe economic problems that Saxon England was extremely wealthy.
The history of these elusive tribes who fought for gold spent about thirty gold pieces a year for each soldier, so they couldn't afford an archaeological fi nd.
The ders of the empire between the German tribes and warrior tribes were given permission to live within the Romans in exchange for the borders of the empire being agreed on based on mutual advantage.
The enemies of Rome were defeated in the third century.
The Visigoths relied on mercenaries to guard federates for enough grain to feed their warriors and the empire's borders.
The Germanic Vandals were enemies of many tribes in the fourth century.
The empire had contact with the Visigoths.
Ger called north to protect the Italian borders.
The western Roman pay to support their families was increased as manic warriors no longer farmed.
The nearby tribes empire was transformed by the blend of had learned to value Roman coins as much as cattle peoples.
The map shows the routes of the Germanic tribes.
The Roman Empire was protected from invasion by the walls of Constantinople, a strategic location.
Why would this city be invaded?
The model of separate, coexisting cultures was utopian in many cases.
The Germans restored paganism to parts of the Christian population that were very much in the minority.
The Ostrogoths and Visigoths were transformed by contact with Romans.
Christian tribal leaders began to be called and treated by a missionary named Ulfi la.
The Christian ideas that used assassination to maintain their had been shaped before Arius's teachings.
T h e M a k i n g o f t h e We s t e r n K i n g d o ms, ca
The tribes went into the empire.
One of the British war chiefs who grew up speaking the early Germanic language won the Battle of Badon because he was the natural candidate to convert the Germans.
The tide of invasions was halted by the victory of the settlements, but only because they ate their religious beliefs with their ethnic identity.
The western Celtic Catholics of the disintegrating empire remembered the actions of the war chief, Arthur of Britain, who impeded their relationship with the orthodox.
The religious unrest that erupted after Britain was lost to Rome was lamented by the country.
The Vandals gave vent to their wicked North Africa, which fell away from the empire.
Victor probably exaggerated the villainy of their capital in Carthage.
Rome lost the rich tax shipments of the empire in the middle of the V andals.
The religious from North Africa came in a steady stream of grain and oil that the emperor could not protect.
The empire in the West was slowly becoming central authority because of the differences.
The empire lost some provinces because of disputes with the federate tribes.
The Celtic were left alone to defend themselves against invaders who rose to military power in Rome.
The Roman defense was based on vian countries when the Visigoths invaded Italy.
The leader of the Visigoths, Dur, settled the eastern portion of Britain, pushing most of the Celtic Britons to Wales.
As he sacked Rome, he took her with him.
The last western emperor, named by Germanic culture, was deposed by the Romans in 476.
Slowly, the Germanic pagans and Romulus Augustulus after Romulus, the founder of Arians converted to orthodox Christianity and began the city of Rome, and Augustulus, "little Augustus," to intermarry with resident Romans.
He appointed himself the regent of the southern European languages.
Romance languages are based on the crash of a language.
Sidonius probably did not do what the Romans did.
The Germans used words such as "fall" to describe the times.
After began to write.
The emperor who ruled the image was Christian, the aesthetic of the Mediterranean world.
The Roman Empire had undergone a major shift.
Historians use the term "late antique" to describe the period in which there was a lot of continuity with the Roman world.
This world was different.
The decline of the empire's population was a key factor in the transformation.
The Germanic tribes did not have to dislocate residents because of the shrinking population.
As much as 20% of the arable land was abandoned after the G ermanic settlements.
Economic and social problems have eaten away at the empire for centuries.
The p opulation had been decimated by plagues and warfare.
The empire was transformed as new people moved into the territory that the Romans failed to populate.
The Roman culture characterized the urban life.
The violence of the times crippled the towns, and the Germanic preference for rural living shifted attention to the countryside.
Powerful Romans began to refuse to pay taxes to the city.
The Germans weren't very vigilant in collecting them.
The roads and bridges that connected the empire fell into disrepair, and people's focus narrowed to the local level.
Sidonius was one of the Romans who con tinued their correspondence with Romans elsewhere.
The toga that symbolized the civilized life of the city was abandoned in favor of trousers more suited to country life.
Change happens in both directions in Ireland.
It shows the Germanic love of patterning.
The Germans were not comfortable with portraying the human form.
T h e M a k i n g o f t h e We s t e r n K i n g d o ms, ca
The final PDF to printer resembles the Germanic tribes, which did more to win hearts than the Celtic inhabitants of Ireland.
The throne and cal entities were created by Germanic tribes after they settled down.
The throne was left to another child.
The basis for the medieval king power began to be formed by real new entities as the "mayors of the pal doms that defi ned the West in the centuries to come" began to exert their power.
Charles Martel won a victory to save the ca.
The Germanic Franks warded off the fortunes of the family.
In the old Roman province,Pepin wanted a more powerful kingdom than just to rule, and he wanted the royal title as well.
The Just as Chris Merovingian family enhanced his authority through a tian ritual, the Franks were ruled by the same.
Clovis tendom was the most famous Merovingian.
Pope was asked by Carolingian who should hold his own relatives to consolidate his rule.
The accounts of subse he who had the name of king but no actual authority were brutal, and the descen title of king: he who actually exercised the power or dants were no less brutal.
The last king of the Frankish kingdom was forced to cut his long hair because he converted to Roman Christianity.
In the hair was a symbol of his power and he lived out his days in a monastery.
If he won a vigorous new dynasty, he would be in a position to bring cant battle.
He centralized his order to western Europe.
When the Franks established their kingdom in the sixth conversion of the king, another Germanic kingdom took shape on the people, which paved the way for the Italian peninsula.
The story began when the Roman church was overthrown by an Ostrogothic leader. | FINEWEB-EDU |
Seaboard Air Line Railway Company, a Corporation; Atlantic Coast Line Railroad Company, a Corporation and J. D. Murray, Plaintiffs in Error, vs. Lena B. Ebert, a widow, Defendant in Error.
138 So. 4.
En Bane.
Opinion filed July 30, 1931.
Petition of Defendant in Error for rehearing granted September 15, 1931.
Judgment affirmed October 13, 1931.
Petition for Plaintiffs in Error for rehearing denied November 18, 1931.
TV B. Crawford, W. B. Parks and Dickinson & Dickinson, for Plaintiffs in Error;
Pleus, Williams and Pleus and George P. Garrett, for Defendant in Error.
Ellis, J.
— Orange Avenue, a street in the City of Orlando and one of the main thoroughfares of the city, follows a course due north through the center of the city to the north side where the street curves in a northeasterly direction and becomes a highway to the city of Winter Park. Highland Avenue is a street in the City which parallels Orange Avenue on the east until it in-' tersects or merges into Orange Avenue at a point some several hundred feet from where the latter curves northeast toward Winter Park.
The Atlantic Coast Line Railroad Company has a main line and two side tracks laid across Highland Avenue at a j>oint some 135 feet south of the point where Highland Avenue flows into Orange Avenue or Winter Park Highway. Those tracks at that point follow a northeasterly and southwesterly course. At a point some seventy-five feet south of those tracks the main line of the Seaboard Air Line Railroad crosses Highland Avenue; that track also follows a northeasterly and southwesterly course. These crossings, just at the entrance practically of the City of Orlando, render traveling upon Highland Avenue dangerous. Signal lights are established in the center of the highway; one north of the Atlantic Coast Line tracks and one south of the Seaboard Air Line track about eight or ten feet approximately from the tracks and about 180 feet apart.
These signal lights are the usual three light signal device. The top or red light warns travelers on the public highway to stop; the center light, usually yellow in color, warns of possible danger and admonishes caution; the bottom light is green and signifies freedom from danger to persons desiring to proceed on their journey across the intersection of the two highways. The lights used at these railroad crossings serve much the same purpose as ordinary traffic lights used by city authorities to regulate traffic. The red light, which is at the top, has the word “stop” lettered across the disk; the center light the word “caution”, and the third or bottom light, which is green the word “go”.- The lights shift from “red” to the center or caution light and thence to green. From the latter, or danger free signal the lights shift to caution or yellow and then to red. In addition to these signals a bell is rung when the middle or center light is on.
The lights are operated from a tower by a person who uses a mechanical device to give the appropriate signals to persons traveling on the public highway. That person, so it is alleged, was employed by the two railroad companies jointly and in the discharge of his duties as tender of the lights acted for the two railroad companies and at the time of the accident which gave rise to this action the employee was J. D. Murray.
On the 24th day of February, 1929, which was Sunday, Mrs. Lena B. Ebert, her husband Frank M. Ebert and her sister Mrs. Beck, at about two o’clock in the afternoon started for an automobile trip to Winter Park. The style and make of the automobile was an Oldsmobile Landau, six cylinders. Mrs. Ebert was driving, her husband on the front seat next to her and Mrs. Beck was on the rear seat. They drove north on Highland Avenue and as they approached the track of the Seaboard Air Line Railroad Mrs. Ebert observed another automobile which had stopped south of the track on the east side of the highway. She noticed that the north signal light was red. The north signal light would be the one north of the Atlantic Coast Line tracks and about 180 feet from the south signal light which was the one nearer to Mrs. Ebert as she approached the Seaboard Air Line track from the south that light also showed red as Mrs. Ebert approached the automobile in front of her which had stopped a little to one side of the south light and did not obscure the light from her.
Mrs. Ebert was then approaching slowly the automobile in front when she saw the Atlantic Coast Line passenger train cross the highway going north. She said that “as soon as the passenger train went north the light signal light flashed green”. At that time she was “three or four car lengths behind the stopped car” and she saw the automobile in front of her cross the railroad track and she proceeded to follow. As the front wheels of her automobile reached the Seaboard tracks she observed the north light flash red. Her first impulse was to “back off the track” and tried to do so. A Seaboard Air Line freight train was approaching the crossing. The train consisted of fourteen refrigerator cars behind the engine and two loaded ears and the caboose on the front. The train was backing. From the end of the last car to the engine the train was about six hundred feet long. It was approaching the crossing from the south at about six and a half miles per hour. Mrs. Ebert’s automobile was struck by that train of the Seaboard Air Line Railway Company and Mr. Ebert sustained injuries from which he died at about 8 or 9 o’clock P. M. at the sanitarium to which he had been taken.
Mrs. Ebert was well informed of the location, the permanently attached physical objects such as the railroad tracks, signal lights, buildings and towers and had been operating an automobile about three years. When her automobile came upon the railroad track and she saw the red in the north signal light and realized the peril she was in and tried to back her automobile off the track, realizing her imminent danger from the approaching train she “lost consciousness or something, probably from fright or otherwise” she did not know.
In April of 1929 Mrs. Ebert brought an action for damages against the two railroad companies and J. D. Murray for the wrongful death of her husband. There was a verdict and judgment in her favor in the sum of fifteen thousand dollars and the three defendants took a writ of error.
The declaration, consisting of one very long count, rests upon the alleged act of Murray in causing the red or stop light in the signal light towers to cease burning and the green or danger free lights to burn in the signal towers when the freight train of the Seaboard Air Line Railway Company was approaching within a short distance of the crossing. That act of Murray was alleged to have been careless and negligent and done as the agent, servant and employee of both the Railroad Companies. The Atlantic Coast Line Company demurred to the declaration, moved for a compulsory amendment and moved to strike that Company from the case as a party defendant. These motions and the demurrer were overruled.
The declaration stated without ambiguity a good cause of action against the Seaboard Air Line Railway Company and Murray. The defendant Murray was alleged to be the joint agent of the two Railroad Companies and that while in the discharge of the duties devolving upon him as such employee he negligently and carelessly produced on gave a signal of false security of freedom from danger to . persons traveling on the i public high-, way and particularly to the plaintiff who was about to cross the railroad tracks of the Seaboard Air Line Company.
An agent who' commits such an act is as much tort feasor as his principal. 1 Mechem on Agency, p. 1081,
Jurisprudence' does not concern itself with such attenuated verbal distinctions in matters where injury results from a servant’s doing what he should not do and failing to do that which he ought to do. See Mayer v. Thompson-Hutchinson Bldg. Co., 104 Ala. 611, 16 South. Rep. 620; 28 L. R. A. 433; Baird vs. Shipman, 132 Ill. 16, 23 N. E. Rep. 384, 7 L. R. A. 128.
Aside from any consideration of contributory negligence on plaintiff’s part, which does not appear in the declaration,' there is a very palpable ‘ ‘ causative conneetion ” between tbe act of tbe defendants in giving to the plaintiffs a false signal of security and freedom from tbe danger of an approaching train tben imminently near tbe crossing and tbe injury sustained by Mr. Ebert, an occupant of tbe automobile driven by tbe plaintiff who was tben in tbe act of preparing to cross tbe track witb tbe automobile. Sucb a negligent or careless act of tbe defendants under sucb circumstances would naturally lead to or produce similar results to that described in tbe declaration. See Fla. E. C. Ry. Co. v. Wade, 53 Fla. 620, 43 South. Rep. 875; Williams v. A. C. L. R. Co., 56 Fla. 735, 48 South. Rep. 209, 24 L. R. A. (N. S.) 134 n; Moore v. Lanier, 52 Fla. 353, 42 South. Rep. 462.
Tbe declaration alleged that tbe crossing is in the City of Orlando and tbe two railroad companies whose railroad tracks crossed Highland Avenue together bad provided and were maintaining tbe signal service at that point. Tbe fact remains however that it' was on tbe track of tbe Seaboard Company where tbe injury occurred and by a Seaboard Company’s train of- cars. Tbe act causing the injury was the act solely of the Seaboard Air Line Company witb which tbe Atlantic Coast Line Railroad Company bad nothing to do unless indeed tbe negligent act of tbe Seaboard’s agent Murray, which may have made tbe Seaboard Company liable became also tbe negligent act of tbe Atlantic Coast Line Company because Murray was also tbe latter’s agent.
Tbe railroad companies were sepai'ate entities, their several interests and activities in no wise merged. They maintained however jointly one signal light service and employed jointly one man Murray to operate it. It nevertheless might be argued that tbe negligent act of Murray could in reason be charged to tbe Company which actually committed tbe injury; that it is sufficient that tbe Company only should take tbe hazard of Murray’s negligent act which actually committed tbe injury through, his carelessness. While the maintenance of the guard or lights at the crossing was a joint undertaking it was nevertheless independent and several in so far as it related to each railroad Company’s duty to the public.
The case of Hales v. Michigan Central Railroad Company, 200 Fed. Rep. 533, presents a state of facts in many respects like the facts in this case. The Lake Shore & Michigan Southern Railroad and the Michigan Central Railroad were two separate corporations, each had -tracks crossing a street in Lucas County. The two tracks were within seventy feet of each other and the two companies employed one man to operate the guards at the crossings. A street ear in attempting to cross was struck by a passing train of the Michigan Central. The guard gates and gong were out of repair and the agent was absent. The action was brought against the Railroad Company whose train of cars struck the street car.
The question might very well arise: whose servant was Murray when the plaintiff approached the Seaboard track? “The maxim of respondeat superior is bottomed on this principle, that he who expects to derive advantage from an act which is done by another for him, must answer for any injury which a third person may sustain from it”. For the above quotation see Hall v. Smith, 2 Bing. 156.
It was the Seaboard Railroad in this case which expected to derive advantage from the performance efficiently of the agent Murray because it was the Seaboard’s train which was approaching. However while the overruling of the demurrer is made the basis of the fiftieth assignment of error, that assignment is not argued and pursuant to an invariable rule of this Court it will be considered as abandoned.
The two railway corporations defendants and J. D. Murray filed pleas presenting the same issues. Murray pleaded not guilty; that he was not the agent of the Seaboard Air Line Railway; that plaintiff’s deceased Frank Ebert was guilty of contributory negligence in that he negligently got out of the automobile and stepped on the track of the Seaboard Railway directly in front of the approaching cars, and that the plaintiff in driving the automobile did not act with caution but undertook to cross the railroad track without looking for approaching cars which were at that time in plain view of the plaintiff for at least one hundred and fifty yards and that by looking she could have seen them and avoided the injury. The pleas of the Seaboard Railway were the same as those tendered by Murray. The Atlantic Coast Line Railroad pleaded that Murray was not its agent. In other respects the same issues were tendered by its pleas. Issue was joined and verdict rendered and judgment entered as stated.
There are fifty-three assignments of error, some of which have been abandoned. The first, second, third, fourth, fifth and fifty-third assignments present the propositions that the verdict is not supported by the evidence, is contrary to the law and charges of the court, is excessive and that the judgment does not follow the verdict in that the latter is a joint verdict while the judgment is joint and several.
It is true that the language employed in the judgment is that the plaintiff do have and recover from the defendants, naming them, “jointly and severally” the amount stated. The question is, does that variance invalidate the judgment, and if so may not the error be corrected by remanding the cause with instructions to amend the judgment to conform to the verdict?
The cause of action as presented in the declaration is joint as against the three defendants. The evidence in so far as it may be considered as sustaining the case as made by the declaration tends to show joint liability. While it is true that where there are several tort feasors an action may be brought against each severally, they may all be united in an action on their joint liability. See Cooley on Torts, 3rd Ed. p. 224.
It is a recognized rule that a judgment must conform to the cause of action as disclosed by the pleadings; that the judgment must follow the verdict; that a judgment should not be entered against one only of two defendants jointly sued and against whom a joint verdict was rendered. See Trustees Int. Imp. Fund v. Jacksonville, Pensacola and Mobile R. R. Co., 16 Fla. 708; Baker & Holmes Co. v. Indian River State Bank, 61 Fla. 106, 55 South. Rep. 836; Paul v. Commercial Bank of Ocala, 66 Fla. 83, 63 South. Rep. 265; Hancock v. State Exchange Bank, 70 Fla. 243, 70 South. Rep. 211; Potter v. Realty Securities Co., 77 Fla. 768, 82 South. Rep. 298; 33 C. J. 1124-1127.
When an improper judgment is entered upon a proper verdict the appellate court will reverse the judgment with directions for entry of a proper one. Geiger v. Henry, 44 Fla. 208, 32 South. Rep. 874.
The rule however it has been held does not apply in eases of tort because as it has been said: “there is no contribution between tort feasors”. In a tort action one may take a judgment against a portion of the defendants in which ease the judgment amounts to a dismissal as to the residue. See 26 R. C. L. 780; McNeely v. Los Angeles County Sup. Ct., 36 Cal. App. 602, 173 Pac. Rep. 102.
But in this ease a joint verdict was rendered against the three defendants therefore the judgment should be joint; Eames v. Stevens, 26 N. H. 117; Pickle v. Byers, 16 Ind. 383; Ft. Worth & N. O. Ry. Co. v. Enos, 15 Tex. Civ. App. 673, 39 S. W. Rep. 1095; Perine v. Deans & Shoultz, Tappan (Ohio, 1818) 236; Fields v. Williams, 91 Ala. 502, 8 South. Rep. 808; 11 Enc. Pl. & Prac. 856.
Is the judgment any the less joint because it adds the words “jointly and severally”? The judgment is against the three defendants sued jointly on a joint and several liability and judgment against them jointly was rendered. One payment of the judgment will satisfy it. The plaintiff could not require each defendant to pay it and there is no ascertainment in the judgment of liability against ■the defendants severally in different amounts. Execution may be levied upon the property of either defendant and it may be sold to satisfy the judgment against all. The words jointly and severally are mere redundant words signifying nothing more than if they had not been used as the judgment was against all three defendants.
On the question of the sufficiency of the evidence much can be said and has been said by counsel in their able briefs. In the first place we are unable to approve in its entirety the suggestion of counsel for the defendant in error, so far as we gather that suggestion from the closing words of their brief. Stripped of its rhetoric and words of embellishment, the suggestion seems to be that a traveller upon the public highway, who is preparing to cross a railroad track which crosses the highway and at which point the company has placed a flagman or signal light to warn travelers of' the danger of approaching trains or to assure them of a clear way and freedom from danger, may rely implicitly upon such signals as may be given him at the crossing and proceed on his way if the signal given is an invitation to proceed, even though by the exercise of the same sense of hearing or sight he may be aware of the approach of a train of cars and dangerously near the crossing; that he may ignore the fact made apparent to him by actually seeing the approaching train and hearing the noise of its approach and drive with impunity upon the track in front of the cars moving down upon him, so far at least as the law easts the duty upon him of avoiding danger if reasonably possible, although he knows that the result of a collision between his vehicle or himself and the train of cars means severe and serious injury, if not annihilation to himself.
Such a doctrine would relieve the traveler on the public highway of the duty of exercising ordinary care in crossing the track if the signal has been favorable to his progress across it. The cases cited sustain no such doctrine. The doctrine held by the courts of Alabama and other courts whose decisions are cited, is that the traveler must exercise ordinary care not to expose himself to danger, and whether he was in the exercise of ordinary care in not looking for danger is a question of fact for the jury. A. C. L. R. Co. v. Ballard, 202 Ala. 354, 80 South. Rep. 436; Love v. Ft. Dodge D. M. & S. R. Co., .... Iowa ...., 224 N. W. Rep. 815; Smith v. Erie R. Co., Inc., .... N. J. L....., 144 Atl. Rep. 166; Deheave v. Hines, 217 Ill. App. 427; Pittsburg C. C. & St. L. R. Co. v. Tatman, 72 Ind. App. 519; 122 N. E. Rep. 357; Gerg v. Penn. R. Co., 254 Pa. 316, 98 Atl. Rep. 950; Leonard v. N. Y. C. Ry. Co., 42 N. Y. S. C. 225.
. The rule that one traveling in an automobile desiring to cross a railroad track which lies across the highway has a right to assume that the flagman will know whether it is safe to cross and will warn him if it is not is undisputed, but the rule is subject to the qualification that the traveler should not leave undone any reasonable thing that the law requires that he should do for his own safety; that a person fails so to do, relying solely upon the signals given by the flagman, goes to the question of contributory negligence and in this State affects the amount of damages recoverable.
The reciprocal duties of Railroad Corporations whose tracks cross public highways and streets of cities and towns at a level grade have often been considered by this court, discussed and clearly defined in' so many cases it would seem that they might be recognized as a settled doctrine in this State.
The rule announced in the ease of S. A. L. Ry. Co. v. Myrick, 91 Fla. 918, 109 South. Rep. 193, is as follows:
“It is as much the duty of a person travelling upon the public highway, who is about to cross a railroad track, to use ordinary care and prudence to ascertain if a train is approaching upon the railroad track as it is the duty of the railroad company to cause warnings, by appropriate signals, to be given of an approaching train operated by it to all persons who may be upon the public highway.”
In the case of S. A. L. Ry. Co. vs. Smith, 53 Fla. 375, 43 South. Rep. 235, Mr. Justice Hocker, speaking for the court, said:
“It must not be forgotten that a railroad company has not only a right to operate its trains, but it is its duty to operate them, and, while it should always observe reasonable precautions to prevent injury, it is not to be required to observe unreasonable ones. That the duty of a railroad company in operating its trains is always conditioned by the exigencies of any particular situation, and to be ascertained from them, and this is true, independent of the statutory provisions”.
In the' case of A. C. L. R. Co. v. Weig, 63 Fla. 69, 58 South Rep. 641, Ann. Cas. 1914 A 126, Mr. Justice Whitfield, speaking for the Court said:
“The drivers of vehicles on public highways are required by law to exercise due care and to have the vehicles in control on approaching a railroad grade crossing and to use reasonable ordinary care to discover approaching trains.” (Italics mine).
The learned Justice in that case said:
“A failure of either party in the exercise of due care under the circumstances as they may appear, is negligence, and the consequences of negligence are governed by applicable provisions and principles of law.” (Italics mine).
The phrases “due care” and “reasonable ordinary care” as applied to persons who approach a railroad crossing are not susceptible of any hard and fast definition but must be interpreted with reference to the duty of one traveling on the public highway to avoid injury to himself by trains that may be approaching as well as the circumstances of the situation at the time. The vigilance required of one who wishes to cross a railroad track while traveling on the public highway is measured by the circumstances or conditions existing at the crossing at the time. See A. C. L. R. Co. vs. Watkins, 97 Fla. 350, 121 South. Rep. 95; Egley v. S. A. L. Ry. Co., 84 Fla. 149, 93 South. Rep. 170.
The language of the Court in that case is interesting as illustrative of the duty resting upon one who undertakes to cross a railroad track at the point stated. If one in possession of his sense of sight could see an approaching train at a great distance in time to stop his automobile until the train passed and does not stop is guilty of such negligence as precludes his recovery of damages in ease of injury, it would seem to follow that if such an one could see the train, by the use of reasonable caution, only a short distance away the duty to stop until the train passes is greatly increased. See S. A. L. Ry. Co. v. Tomberlin, 70 Fla. 435, 70 South. Rep. 437.
In the case of Germak v. F. E. C. Ry. Co., 95 Fla. 991, 117 South. Rep. 391, it was stated that:
“The rule announced by the Supreme Court of the United States which in effect is that, before a person goes upon a railroad track, he must look in the proper directions for a possible approaching train, and, if the circumstances reasonably require it, he must stop and exercise his faculties to determine whether it is safe to cross the track under the circumstances of the occasion, is a standard of care appropriate in crossing railroad tracks; and the rule does not relate to the duty of railroad companies or define the liability of such companies.”
It was also stated that if both the injured person and the employees of the railroad company were at fault in causing the injury there may be a recovery but the damages will be reduced in proportion to tbe contributory-negligence of the injured party.
In tbe ease of F. E. C. Ry. Co. v. Davis, 96 Fla. 171, 117 South. Rep. 842, tbis Court said:
“In tbis ease tbe plaintiffs could bave seen tbe oncoming train if they bad been observant of ordinary care in going into an obvious position of danger.”
Tbe evidence in tbis case as shown by tbe maps of tbe location of tbe accident and illustrated in tbe accompanying diagram reveals an open unobstructed triangular space to tbe left of tbe plaintiff, as she approached tbe Seaboard Air Line crossing seventy-four feet away, some “5032 square feet in area. Tbe triangular area formed by a line drawn along tbe north side of tbe brick building to tbe left projected on tbe left to tbe center of tbe railroad track and on tbe right to tbe center of tbe public highway upon which tbe plaintiff was traveling in her automobile one hundred and thirty-six feet and two inches long, a line from tbe center of tbe highway north to tbe center of tbe railroad track seventy-four feet and from that point in the center of tbe railroad track southwesterly along tbe center of tbe track to a point where tbe first line intersects tbe railroad track one hundred and fifty-seven feet. Now let that line represent tbe hypotenuse of tbe triangle and assume, as tbe plaintiff testified, that she was driving her automobile very slowly along tbe highway at that point. She could bave by tbe use of ordinary precaution when she was seventy-four feet from tbe center of tbe railroad track seen tbe train of cars approaching tbe crossing one hundred and fifty-seven feet away and every foot of that distance from tbe point at which she would cross because there were no obstructions to her view.
The Seaboard train. o£ box cars was moving northward approaching from the left. The plaintiff had been warned by a red light north of the Atlantic Coast Line tracks and both lights operated simultaneously. She saw the Atlantic Coast Line train pass going north, then she saw the automobile ahead which had stopped move across the Seaboard track. Assuming that she saw the south light flash “green”, the invitation to cross, was she absolved from the duty of observing the slowly approaching train of box cars of the Seaboard Air Line? Seeing them as she could have seen them approaching by the use of ordinary precaution, may she be said to be wholly without negligence contributing to the death of her husband if disregarding her duty to observe the approaching train and stop her- slowly moving automobile to avoid danger she relied entirely upon the invitation of the “green” light to cross and concentrated her attention upon' following the automobile ahead?
The plaintiff’s automobile was under control, it was moving slowly toward the railroad track. At the rate of speed it was traveling it could have been brought to a 'full stop almost instantly, at least within a -few feet, at any point along the base of the triangle when by the reasonably prudent or careful use of her sense of sight the approaching train of box cars was in full unobstructed view fully one hundred and fifty-seven feet from the crossing.
Under the rule announced by this Court in the cases to which reference has been made the plaintiff was guilty of such negligence as largely contributed to the injuries sustained if indeed her negligence under the circumstances does not preclude her from recovering at all. Doubtless however she was confused and mislead from her obvious duty in the circumstances by the negligent act of the railroad employee in causing the green light to be shown, if.it was shown at that time, .as to which the evidence is by no means clear. Tbe jury however seemed to have accepted the evidence which tended to show that the green light was exhibited when it should not have been, but the jury seemed not to. have apportioned the damages according to the amount of fault attributable to the parties respectively.
The point is made that as Murray was not a railroad company the rule that plaintiff’s contributory negligence absolves him from all liability applies in his case.
Any person in the service of a railroad company who by his negligence causes an injury to be committed to another by the machinery of the railroad company for which he acts is as much a tort feasor as his principal and the rule for ascertaining the damages sustained applies to him as to his principal. Operating railroad trains is a dangerous service. They are operated by the activities of the agents and employees of the corporation. When an agent by his carelessness and inattention to duty causes an injury to another person such agent cannot obtain deliverance by a rule which does not apply to his principal. He cannot be heard to say that while his negligent act was the cause or contributed to the cause of injury and his principal is bound on account of it to requital that he is absolved by a different rule of responsibility which condones his carelessness but visits it upon his principal.
There are many assignments of error founded upon instructions to the jury requested and refused as well as some given.
Instruction number two, which was given at plaintiff’s request, informed the jury that when an agent is employed by several principals they are jointly and severally liable for the agent’s wrongful act toward third parties while acting in the scope of his employment and acting in behalf of all and a joint and several liability attached for the wrongful act of the joint agent although at the time of the injury he was engaged in performing a service for one of the principals only; that the liability of joint employers is not affected by the fact that such agent is paid by one of the employers.
' The same point was presented in the fiftieth assignment of error which was abandoned but it is presented again by the objection to the instruction above mentioned.
The instruction correctly embraced the rule which is generally recognized; that where a servant is jointly employed by two masters the latter are jointly and severally liable for the servant’s wrongful act toward third parties committed while acting in behalf of all. See 39 C. J. 1278.
It is doubtless true that a person may serve two masters whereby reason of the nature of his duties he is not subject to conflicting and divergent authority which, as the Bible states, will lead him to “hate the one, and love the other; or else he will hold to the one, and despise the other”. It may also be true that one cannot be subject to two controlling forces which may at the time be divergent and, as said in Atwood v. Chicago I. & P. Ry. Co., 72 Fed. Rep. 447, there can be no application of the doctrine of respondeat superior in the case of two distinct masters; that the servant must be subject to the jurisdiction of one master at one time.
It may be within the field of lawful and convenient arrangement that under certain conditions, and even in the circumstances that Murray worked for the two railroad companies, an agent’s services to be rendered to one principal would in no wise benefit the other nor be directed or controlled by it. Such services would be none the less separate because they might be identical in character. There is much apparent conflict among the authorities on the question of the liability of joint employers of a single agent for the negligent act of the latter. The decisions, however, turn upon the application of the doctrine of respondeat superior which rests upon the maxim “qui facit per alium facit per se”.
Mr. Justice Brown, in his dissenting opinion in the case of Moore v. Southern R. R. Co., 165 N. C. 439, 81 S. E. Rep. 603, 51 L. R. A. (N. S.) 866, said:
“It is surely permissible for one person to act as agent for two others in performing separate and distinct duties at different times for each principal without making both principals liable jointly for all his acts, there being no partnership or privity between the principals.1 ’
Mr. Justice Walker concurred in that view. Mr. Chief Justice Clark, who delivered the majority opinion in the case seemed not averse to that doctrine. He said:
’ “According to the evidence above set out, it appears that Wall was the joint agent of the two railroads, and operating the joint baggage room at the union depot in their behalf. That being so, it cannot be said that any one service was done by him at the responsibility of one railroad and the other service at the responsibility of the other.” (Italics mine.)
Upon that premise the court held that the plaintiff could have sued either or both roads at her option. The facts in the case were as follows: A baggage agent of the Southern Eailroad Company left a loaded pistol in a drawer in the desk of the baggage room. The pistol was lying on some baggage cheeks. Wall, the joint agent of the Southern and the Norfolk & Western, went to the desk to get baggage checks of the latter road. The Southern Eailway train had been loaded with baggage and had gone. Wall was negligent in removing the pistol to get the Norfolk and Western baggage cheeks. The pistol was discharged resulting in the death of the plaintiff’s intestate.
Buchanan v. The Chicago, M. & St. P. Ry. Co., 75 Iowa 393, 39 N. W. Rep. 663, is a case the facts of which are similar to those of the case at bar. Three flagmen were employed by three railroads which crossed three avenues intersecting fourth street. The Chicago, Milwaukee and St. Paul Ry. Co. employed the flagman at Third Avenue. The accident occurred on the track of the Chicago & Northwestern. The flagman was negligent in attending to his duties. It was contended that at the time the flagman was performing services for the Chicago & Northwestern, whose train was crossing Third Avenue on its track. The contention was not sustained and the plaintiff was allowed to recover against the Chicago, Milwaukee & St. Paul Company, which employed the flagman at that crossing. There was an agreement between the railroads under which each employed one flagman, one to be stationed at First Avenue, another at Second and a third at Third Avenue.
Where there is a community of interest between the employers, where they are engaged in a common enterprise or there exists privity of interest between them, their employment of one agent renders all the principals liable in damages for injuries resulting from the agent’s negligence. It is not a question of which employer pays the agent, nor is the question of liability dependent upon the nature of the arrangement between the two employers as to the agent’s compensation. See Schoen v. Chicago, St. P. M. & O. R. Co., 112 Minn. 38, 127 N. W. Rep. 433, 45 L. R. A. (N. S.) 841; Louisville & N. R. Co. v. Breeden’s Adm’r, 111 Ky. 729, 64 S. W. Rep. 667; Schulte v. Louisville & N. R. Co., 128 Ky. 627, 108 S. W. Rep. 941; Boucher v. New York, N. H. & H. R. Co., 196 Mass 355, 82 N. E. Rep. 15, 13 L. R. A. (N. S.) 1177; Denver and R. G. R. Co. v. Gustafson, 21 Colo. 393, 41 Pac. Rep. 505.
Applying this rule to the case at bar the instruction was misleading in that it omitted the element of a common interest on the part of the railroads in guarding the two crossings as one enterprise of a common interest to the two employers. Whether under the terms of the contract, the physical conditions existing at the location of the two crossings, the juxtaposition of the railroad tracks, the environment or surrounding physical objects rendered the matter of guarding the place and protection of travelers upon the highway from the danger of passing trains one of mutual or common interest. If so and the agent or flagman was employed by them in that behalf then the two railroads are jointly liable for the negligence of their joint employee. It is a question of fact for the jury to ascertain from all the evidence.
The charge assumed that such were the facts, or that the fact of serving the two railroad companies rendered him ipso facto their joint agent. This was error and harmful to one of the defendants, the Atlantic Coast Line Eailroad whose liability, if any, rested upon the assumption that the two railroad companies jointly engaged Murray, the watchman or flagman, to guard the two crossings as constituting a point of common interest to the two railroads as a dangerous area in approaching which travelers upon the highway should be warned by appropriate signals of approaching trains. If both railroads used the same crossing there would be little or no doubt of the joint undertaking of the two railroad companies, but as there were two crossings, each company using its own crossing independent of the other, tracks separated by a distance of some seventy feet, neither company having any interest in the other’s crossing, it becomes material whether by agreement or custom the two companies had made of the two crossings a single point of mutual or common interest, a location or area of danger to be jointly guarded by them.
Many charges given by the court involved the question of the joint agency of Murray for the two railroad companies and there was no instruction to the jury upon the conditions necessary to constitute such joint agency. Those conditions in all the charges were assumed to exist which rendered them harmful to one of the defendant companies whose liability, if any, as stated depended solely upon the character of Murray’s employment. If the plaintiff had elected to sue, as she might have done, each tort feasor in a separate action, in the action against the Atlantic Coast Line for damages for the injury committed by the Seaboard Air Line upon its track the plaintiff in order to have made her ease would have been required to show that Murray was jointly employed by the two railroads to guard each track and that in the services required of him for each he was also the servant of the other. In the joint action she was required to make the same showing which the instructions given did not cover but rather assumed to have been established.
It is a familiar law that instructions which assume the existence of disputed material facts are erroneous. See Ferguson v. Porter, 3 Fla. 27; Ashmead v. Wilson, 22 Fla. 255; Florida Cent. & P. R. Co. v. Foxworth, 41 Fla. 1, 25 South. Rep. 338; Southern Pine Co. v. Powell, 48 Fla. 154, 37 South. Rep. 570; Holman Live Stock Co. v. Louisville & N. R. Co., 81 Fla. 194, 87 South. Rep. 750; Williams v. La Penotiere, 32 Fla. 491, 14 South. Rep. 157.
There are many other assignments of error the discussion of which would extend this already too long opinion to unreasonable length and be of no practical benefit to either trial court or the bar. The case of Mrs. Ebert in which she seeks damages for the alleged wrongful death of her husband is in no sense an intricate or complex one. The fact of the injury, the alleged negligent act of the flagman, the character of his agency whether joint or several, the contributory negligence of plaintiff, if any existed, and the measure of damages are facts to be ascertained by the jury and would seem not to require the solution of any very complex questions or such a multiplicity of words in pleadings and evidence to submit them for the consideration of the jury.
In another trial of the cause the trial court may not be confronted by the same questions involving the admission and rejection of evidence and the charges requested and denied as well as those given to which exception’ was taken and counsel may just as well be advised that Section 4499 O. G. L. 1927, commonly called the “Harmless Error Statute”, was designed to make summary disposition of many assignments of error which an examination of the entire ease shows to be veritably the labor of one “who struts and frets his hour upon the stage and then is heard no more”.
For the errors pointed out the judgment is reversed and a new trial ordered.
Buford, O. J., and Brown, J., concur.
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
On Rehearing
Ellis, J.
— Upon reconsideration of this case a majority of the members of the court are of the opinion that the exercise of the caution required of a traveler on a public highway who desires to cross a railroad track lying across the highway, under the circumstances under which the defendant in error in this ease, Mrs. Ebert, crossed the track, is placed by the original opinion at too high a standard. That she was relieved by the false signal of security from the duty to use such care and prudence to ascertain if a train is actually approaching upon the track as expressed in Seaboard Air Line Ry. Co. v. Myrick, 91 Fla. 918, 109 South. Rep. 193; Atlantic Coast Line R. Co. v. Weir, 63 Fla. 69, 58 South. Rep. 641, Ann. Cas. 1914A 126, but on the other hand that duty is measured by the circumstances or conditions existing at the crossing at the time. See Atlantic Coast Line R. Co. v. Watkins, 97 Fla. 350, 121 South. Rep. 95; Egley v. Seaboard Air Line R. Co., 84 Fla. 147, 93 South. Rep. 170.
The view of the majority being' that Mrs. Ebert being assured by the appearance of the green light, which at the time she desired to cross the track was a false assurance of safety, was justified in believing that the train, which she saw approaching, or could have seen by the exercise of reasonable caution, would stop before it arrived at the crossing, thus allowing her to pass in safety. To state the proposition differently: The railroad company’s agent, the flagman or signal light operator, is supposed to have knowledge of the movement of the railroad company’s trains at the point of danger and would not give assurance of safety to a traveler desiring to cross the track if it was the purpose of the train operators to eause the train to be driven over the track at the crossing at that time, therefore Mrs. Ebert was justified in the belief that it was safe for her to cross notwithstanding the fact that she saw or could by thé exercise of reasonable caution have seen the approaching train in time to have avoided it.
"With this view Mr. Justice Terrell and the writer are not wholly in accord. Self preservation, the desire to live and to preserve one’s body from serious injury, is a perfectly normal motive or influence in personal conduct, therefore to cross a railroad track in front of an approaching train of railroad cars near the crossing whatever may be the flagman’s assurances of safety violates the impulse to preserve life and secure the body from injury and is a degree of carelessness amounting to contributory negligence in the case of injury resulting from a collision between the train and the automobile in which the traveller on the highway is traveling. It may be.assumed that such violence to a normal impulse is mitigated or increased by the distance of the approaching train from the crossing and the rapidity of its approach.
It is also the view of the majority in which Mr. Justice Terrell and the writer concur, that the question of- contributory negligence was submitted to the jury and in estimating the damages sustained made due allowance for the contributory negligence of which Mrs. Ebert may have been guilty. The amount of damages sought by the plaintiff was fifty thousand dollars, the amount of the verdict was fifteen thousand dollars. The evidence would have warranted a larger verdict if there had been no contributory negligence upon the part of Mrs. Ebert, therefore in this regard the verdict should not be disturbed.
On the question of joint agency the majority view is that the contract of employment of Murray as flagman or manipulator of the signal lights, was a joint employment by the two railroads. That the character of his employment was fixed by the terms of the contract which was submitted in evidence, that the area he was to guard as such flagman or manipulator of signal lights is shown by the contract to have been considered by the two railroads as a point of common interest in which they were equally concerned by their duty to protect travellers upon the public highway against its dangers. That this feature of the case was also sustained by the evidence supplementary to the written contract.
The writer is not wholly in accord with this view because of the existence of a safety zone between the tracks of the two railroad companies which is entirely consistent with the view that.while the employment of Murray was joint, his duties were several. The writer is free to admit however that his views would be strengthened if it had appeared that each light was double faced and operated independently. That is to say that the danger, caution and safety glow of the lights appeared on each side of each light and each light operated independently.
The court considered therefore that the conclusion reached in the first opinion should be recalled, and the judgment of the trial court affirmed. '
It is so ordered.
Buford, C.J., and ‘Whitfield, Terrell and Davis, J.J., concur.
Brown, J., concurs specially.
Brown, J.
(Concurring specially) : Upon reconsideration of this case on rehearing, the majority of the court, including the writer, have become convinced that, under the contract between the two Railroad Companies and the evidence as to the physical facts, the court below did not commit error by giving those instructions to the jury which assumed the joint agency of Murray, the signalman, who was employed by the companies jointly to guard a common zone of danger, in the protection of which they each had an interest.
I am inclined to think that the question of whether Mrs. Ebert or her husband were guilty of contributory negligence was, under the evidence, a question for the jury. The jury evidently found that the plaintiff was guilty of some degree of contributory negligence. This is indicated by the amount of the verdict.
"While travellers along a street approaching a railroad crossing may, according to the facts and circumstances of the particular situation, as a general rule, be justified in relying upon the signals given by the Railroad Company or Companies as to whether they should stop or should proceed across the crossing, I am not prepared to say that the existence of such a signaling system would in all cases relieve the traveller from all responsibility for the use of his own faculties of sight and hearing to protect himself from danger. There may be cases where the physical facts of the situation renders it both reasonable and necessary that the traveller concentrate his attention entirely upon the signals, there being little or no opportunity for him to judge the question of safety or danger by the use of his own faculties, due to obstructions to the view the rapidity of the approaching train outside his radius of vision, or other like handicaps. As above stated, on the evidence in this case I think the question of contibutory negligence was one for the jury to determine.
For these reasons I concur with the majority that the judgment of the trial court should be affirmed.
Affirmed.
Whitfield and Terrell, J.J., concur. | CASELAW |
How advisors can help clients through high-stakes Medicare decisions
For most people, signing up for Medicare is a retirement rite of passage. But as they turn 65 and sort through their Medicare Part A, B, C and D choices, many individuals can also be vulnerable to costly mistakes. Even done the right way, it's a high-stakes choice. Medicare beneficiaries will need as much as $400,000 for health expenses per couple, according to 2018 research from the Employee Benefit Research Institute. That is up from $370,000 in 2017. "People do feel overwhelmed and baffled by Medicare," said Katy Votava, president of Goodcare.com. "But there are some basic things that an advisor can do." The initial enrollment period runs from three months before someone's 65th birthday to three months after. If your client misses that date and does not have creditable coverage, they will face a 10% surcharge on their premium for every 12 months that they wait, said Katherine Roy, chief retirement strategist at J.P. Morgan Asset Management. "It could get quite costly if someone has their mind set: 'Hey, I'm in great shape. I'm not going to insure myself through Medicare, and I'll just sign up when I need it,'" Roy said. "That is a very costly, bad decision to make." What's more, it's important to note that once they are on Medicare, they can no longer contribute to a health savings account. If they do, they will face a 10% penalty, Roy said. Many clients who do have other health coverage face the same Medicare question: "Do I have to go in at 65 or don't I?" according to Votava. If a client is employed and their employer health plan meets the right criteria, they can delay signing up for Medicare. That is provided they have not started receiving Social Security retirement benefits, which would trigger automatic enrollment at 65 in Medicare Parts A and B, which cover hospital and medical insurance. In order for your client to be eligible to delay, their employer must have 20 or more employees. The employer plan also cannot be a retiree or COBRA plan, according to Votava. COBRA is a health insurance program that allows employees to continue their health insurance coverage if they lose or leave their job. It is not considered a substitute for Medicare coverage because it is only considered secondary coverage for those who are Medicare-eligible. Because of that, COBRA will only cover 20% of the bill in many cases, Votava said. The plan you select also must meet Medicare prescription drug coverage requirements, she said. "If you have that coverage … you can delay until a special enrollment period in the future," Votava said. "If none of those criteria are true, then you need to get into Medicare." One thing you'll want to have still-employed 60-something clients consider: Sometimes Medicare coverage is the better choice over an employer plan, Votava said. For clients who are sorting through the complexities of enrollment decisions, it helps to have a go-to expert. Another option for financial advisors: partnering with third-party experts to whom they can refer clients. H.M. Payson & Co., No. 43 on CNBC's FA 100 list, began working with a local expert about four years ago for that reason, according to Molly Reinfried, portfolio manager and chair of the firm's financial planning group. The advisory team at the Portland, Maine-based firm will help the clients to identify what questions they need answered — such as what happens to their health savings accounts once they are on Medicare and how to plan for their health care when they plan to split their time between two states. Then, the team will pass that planning on to Coveside Healthcare Coverage Options, which helps clients assess what Medicare plans best fit their care needs. The firm's team, who are not insurance brokers, felt more comfortable having outside experts sort through those complex questions, Reinfried said. Adam Peltzman, president of Health & Benefits Partners in East Norriton, Pennsylvania, serves as the Medicare expert for Sage Financial Group, a financial advisory firm that landed at No. 50 on this year's FA 100 list. Peltzman's firm has worked with Sage, based in West Conshohocken, Pennsylvania, for about six years, and also receives referrals from other advisors as well. The most common question Peltzman fields is whether a 65-year-old client should stay on their group retiree plan or switch to Medicare. "Most people think it's very expensive, and it's not really expensive," Peltzman said of Medicare. "It happens to be very good coverage, as well." Advisory firms who want to add a Medicare expert can start by getting suggestions for unbiased insurance providers from clients who have already gone through the process, Votava said. It also helps to have a list of resources ready for clients. Some good starting points include Eldercare.gov, Medicare.gov, your State Health Insurance Assistance Program, or SHIP, and the Medicare Rights Center. | NEWS-MULTISOURCE |
Grail to detect cancer in healthy people: Flatley
Illumina announced a spinoff on Sunday, and the new company, which will go under the moniker Grail, promises to make a major dent in cancer rate mortality. The company, which is majority owned by Illumina and has a roster of big-name investors such as Jeff Bezos and Bill Gates, says it will start detecting cancer before it's symptomatic. Illumiina started finding cancer in healthy patients while conducting non-invasive prenatal tests in the search for down syndrome, Jay Flatley, Illumina's CEO, told CNBC's "Closing Bell. " "We accidentally were finding cancer in women when we actually weren't testing for that," Flatley said Monday. "We began to think what would happen if we actually designed a test that was targeted to detect cancer in healthy individuals." About six months ago, Illumina found sufficient evidence that "this was all going to work," Flatley said. While many may fear false positives from Grail's liquid biopsies, Flatley points out that this new technology is not looking for surrogate biomarkers, which differentiates it from existing methods. "We are actually measuring the DNA from the cancer cells themselves, so it's quite quite different" he said. "We will know if we detect a set of mutations that cancer is present in that individual then we'll need to go figure out where it is. | NEWS-MULTISOURCE |
User:Halebyrneshouse/American Revolution Round table: Northern Delaware
...Kim Burdick. Revoltionary Round Table: Northern Delaware...
That Revolutionary Lady
Kim Burdick is the founder and chairman of the American Revolution Round Table of Delaware, a life member of American Friends of Lafayette, Chairman Emeritus of the National Washington-Rochambeau Revolutionary Route, and the only woman ever elected to Delaware’s George Washington Society’s Board. Formerly a resident of the Brandywine Hundred, Kim is the live-in Curator of the Historic Hale Byrnes House near Stanton, Delaware, site of the September 5, 1777 Council of War.
• Kim teaches American History at Del-Tech Wilmington Campus and World History at Delaware County Community College in nearby Pennsylvania. Her work has been published in a number of magazines and can also be found at the Delaware Historical Society and Special Collections at Morris Library, University of Delaware.
In 2009, the French government awarded her Les Palmes Academiques for her work to commemorate the allied French and American efforts during the Yorktown Campaign (Washington-Rochambeau Revolutionary Route W3R-USA)
In 2010, Kim was awarded the Good Citizen Medal by the Delaware State Sons of the American Revolution.
In 2011, she was named a National Endowment for the Humanities Summer Scholar by the Society for the History of the Early American Republic.
Kim Burdick's Delaware Humanities Forum’s Speakers’ Bureau talk, "Seized in September," is the history of what happened in New Castle County during the fall and winter of 1777; the year of the Philadelphia Campaign of the American Revolution. Based on extensive research into primary documents and secondary resources, “Seized in September” tells the story of what happened to local residents as the British and American forces occupied our area.
Delaware Humanities Forum's Speakers Bureau. http://www.dhf.org/pdfs/catalogs/SPSBCatalog.pdf | WIKI |
turnabout is fair play
Etymology
1755, British/Irish.
Proverb
* 1) It is allowable to retaliate against an enemy's dirty tricks by using the same ones against them.
* 2) * 1755,, The Life and Uncommon Adventures of Captain Dudley Bradstreet, S. Powell, Dublin, p. 216:
* My Endeavours were used to perplex their Thoughts and Judgments; I told them, that at next Wednesday’s Dinner I hoped we would be informed who were to rule the Roast, that hitherto honest Men were kept from shuffling the Cards, because they would cast Knaves out from the Company of Kings, but we would make them know, Turn about was fair Play, and that two and three made five, though many Words did not fill a Bushel.
* 1) is morally right.
* 1) is morally right. | WIKI |
Page:Dictionary of National Biography volume 47.djvu/405
a few years earlier as scirrhus of the liver (, Commentarii, p. 212). In 1813 he published ‘A Treatise on Hæmoptysis,’ in which he advised treatment by emetics; but neither this nor his other works contain original observations of much value. He next resided in Finsbury Square, and established a private lunatic asylum at Hackney, and afterwards became for a time medical superintendent of the Cornwall lunatic asylum at Bodmin. He came back to London, resided in Euston Square, and there died on 7 Dec. 1846.
[Munk's Coll. of Phys. iii. 62; Gent. Mag. 1847, i. 212; Works.]
REES, GEORGE OWEN (1813–1889), physician, born at Smyrna in November 1813, was son of Josiah Rees, who was a Levantine merchant and British consul at Smyrna. His mother was an Italian and a Roman catholic. Thomas Rees (1777–1864) [q. v.] was his uncle, and Josiah Rees [q. v.] his grandfather. He was educated at a private school at Clapham, and acquired a fair knowledge of French, German, and Italian. In 1829 he entered Guy's Hospital, being apprenticed to Richard Stocker, the apothecary to the hospital, and he afterwards, in 1836, studied at Paris. In the session of 1836–7 he was enrolled at Glasgow University as a student in the classes of botany (under Sir W. Hooker) and surgery (under Professor John Burns). He graduated M.D. at Glasgow on 27 April 1836, and at once commenced practice in London. He first resided in Guilford Street, Russell Square, subsequently in Cork Street, and finally at 26 Albemarle Street, Piccadilly.
Through the influence of his friend, Sir Benjamin Brodie, he secured one of his earliest appointments of professional importance in London, that of medical officer to Pentonville prison, the first appointment of the kind made to that institution. In 1842 he was appointed physician to the Northern Dispensary, and in 1843 assistant physician to Guy's Hospital. He became full physician at Guy's in 1856, and after thirty years' service on the staff there he retired on 26 Feb. 1873, and became consulting physician. He was elected a fellow of the Royal College of Physicians, London, in 1844, and afterwards held in the college the offices of censor (1852–3), senior censor (1863–4), and councillor (1855–64–71). At Guy's he was for many years lecturer on the practice of medicine. He was Gulstonian lecturer at the Royal College of Physicians in 1845, when he lectured ‘On the Blood: principally in regard to its Physical and Pathological Attributes;’ Croonian lecturer in 1856–8, when he chose for his subjects ‘Calculous Disease and its Consequences’ and ‘Frequent Micturition;’ and Harveian orator in 1869. He became the first Lettsomian lecturer at the Medical Society of London in 1850, and in 1851 he delivered a course on ‘Some of the Pathological Conditions of the Urine.’
In later life he was consulting physician to the Queen Charlotte Lying-in Hospital and physician-extraordinary to the queen. He was constantly associated with Dr. Alfred Taylor in important criminal investigations—notably in the famous trial of William Palmer [q. v.], the Rugeley poisoner, in 1856. He also joined Taylor in editing Pereira's large work on materia medica [see ]. His patients were among the better class, and usually sufferers from kidney disease or gout, for the treatment of which disorders he had gained considerable repute. He proposed the treatment of acute rheumatism by lemon-juice. A paralytic stroke in 1886 greatly disabled him, and he died of apoplexy at Mayfield, Watford, on 27 May 1889. He was buried in Abney Park cemetery.
Rees, who was unmarried, was small in stature and slightly built but athletic. He deserves to be known in medical history as one of the first men to turn his attention to the chemistry of the urine. At an early period in his career he had attracted the attention of Dr. Richard Bright [q. v.], and assisted Bright chiefly in the analysis of urinary calculi and of the secretions in diseases of the kidney. He made quantitative analyses of the albumen and urea in the urine, and proved the presence of the latter in the blood. His papers on this subject are to be found in the ‘Medical Gazette’ for 1833. In Guy's Hospital ‘Reports’ he wrote on the analysis of the blood and urine (vol. i.); showed in 1838 how sugar could be obtained from diabetic blood, where its presence had previously been doubted, and gave accounts of an analysis of a milky ascites which he pronounced to be chyle, and of an analysis of the bones in mollities ossium. In 1841 he made, in conjunction with Samuel Lane, some very important observations on the corpuscle of the blood, proving that it was a flattened capsule containing a coloured fluid, and indicating the changes which it underwent on the application of reagents, such as saline fluids and syrup. He subsequently made observations on the nucleus of the corpuscle in different animals, and showed the similarity of the white corpuscle to those of lymph and pus. By the advice of his friend Dr. Roget, foreign secretary to the | WIKI |
Much of the Pharisees’ problem was spiritual pride, as is very evident by this statement. They were so blinded by their arrogance that they couldn’t believe anyone who hadn’t been through their ‘seminary’ could teach them anything.
The name ‘Pharisees’ comes from a Hebrew word meaning ‘separate.’ This term was applied to this sect because of its extreme devotion to the Mosaic law and commitment to leading a separated life. This was a reaction of the devout Jews who came back to Jerusalem from the Babylonian captivity, and saw the pagan customs and influences of the Babylonians everywhere. Not only their religion but their identity as a nation was being threatened. The Pharisees were patriots as well as religious zealots, who in the beginning served a very needed function in the Jewish nation which was struggling for survival. However, over the centuries the Pharisees had departed from the Mosaic law and had written their own interpretations of the law – interpretations which they held to be God-inspired and equal to that of Moses. In Jesus’ day this group was characterized by hypocrisy and self-righteousness. They, as a whole, persecuted Jesus and His followers and received the Lord’s most stinging rebukes.
The Pharisees, like many people today, were ignorant of achieving right standing (righteousness) with God through the simple act of receiving His forgiveness by faith and were trying to earn salvation by their own acts. No one can fulfill God’s commands (Rom. 3:23) except Jesus (Heb. 4:15). Therefore, to be righteous, we must put our faith in what He has done for us. | FINEWEB-EDU |
Market Wrap-Up for July 8 (ANF, TJX, GPS, HRB, POT, PM, AGU, more)
The first Thursday of the month is all about checking out how retail sales came in the month before.
Today's winners from the space included Abercrombie & Fitch ( ANF ) and J.C. Penney ( JCP ) . Both of those companies were trading right near 52-week lows and were benficiaries of decent bounces. On the flipside, TJX Companies ( TJX ) , Gap Inc. ( GPS ) , and Ross Stores ( ROST ) were some of the retailers seeing a negative reaction from earnings. H&R Block ( HRB ) traded lower on news the company's CEO has resigned. The stock has been a complete laggard and the company needs to bring in a team that can revive the brand. Not a name we are interested in at this point.
Fertilizer plays were the main movers in the commodity space today. Potash Corp ( POT ) and Agrium ( AGU ) led the charge. Tobacco names were higher with Lorillard ( LO ) and Phillip Morris International ( PM ) in the green. It has been a decent week so far for the markets considering the Dow has gained over 300 points, but we are still not happy about the volume indicators on the up days, still nowhere near the numbers we see when we do get selling. Distribution is still a concern and one thing we are still focused on. Volume on the NYSE was 4.54 Billion shares today. Last week during a selloff day, the volume came in over 6 Billion shares. Clearly we need to keep a close eye on this trend.
On a side note, I just want to point out the circus surrounding one particular stock this week, Madison Square Garden Inc. ( MSG ). Business television is making a big fuss on what is essentially a gambling play on whether NBA star Lebron James signs with the New York Knicks (which are owned by MSG) or not. This is yet another example of investors being shown the wrong approach to building their wealth or retirement savings. It's nothing but a headline-grabbing ratings story that is being turned into a "russian roulette" approach to investing. Ratings first, investors last, once again!
Be sure to visit our complete recommended list of the Best Dividend Stocks , as well as a detailed explanation of our ratings system here .
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
Created by Dividend.com
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
1985 in Australian television
Television
* 13 January – Australian children's live-action and puppet series The Maestro's Company begins on Network 0/28.
* 11 February – Ray Martin takes over Mike Walsh's old daytime slot, replacing The Mike Walsh Show with Midday with Ray Martin. The Mike Walsh Show continues and moves to 10:30pm weekdays as a late night talk show until Walsh departs the network in November.
* 18 February – Network 0/28 becomes known as SBS.
* 22 February – Seven Network screens a late night sketchy comedy series called The Eleventh Hour featuring a number of performers who later appear in The Comedy Company and Fast Forward.
* 4 March – The ABC launches a one-hour news and current affairs program called The National as a replacement for the traditional 7:00pm state-based news bulletins as well as its former current affairs program Nationwide. The new format, costing the national broadcaster a budgeted $25 million, turned out to be an expensive failure and lasted less than twelve months.
* 18 March – Neighbours premieres on the Seven Network. Six months later Neighbours is axed by HSV-7, but Network Ten bought the rights and picks up the soap and it becomes a massive hit for them.
* 24 March – Seven Network broadcasts Donald Duck's 50th Birthday a television special from The Wonderful World of Disney which celebrates the 50th anniversary of the world's famous cartoon character. It will first air on television for Australian viewers on Seven in Victoria that year and on Network Ten in New South Wales on 30 May 1987 and on Seven in Victoria again on 19 July the same year.
* 25 March – Neighbours debuts in Brisbane.
* 22 April – The 1980 film The Blues Brothers starring John Belushi and Dan Aykroyd premieres on the Seven Network.
* 8 June – Hey Hey It's Saturday moves to 6:30pm Saturdays. Then Hey Hey It's Saturday Night rebrands back to its original title.
* 30 June – SBS expands to Brisbane, Adelaide, Newcastle, Wollongong and the Gold Coast.
* 13–14 July – ABC televises the worldwide Live Aid event, featuring concerts held around the world.
* August – The AUSSAT satellites are launched. The ABC will start its test transmission of its TV and radio networks via satellite in October to remote areas in rural Australia. The ABC service is officially inaugurated in January 1986.
* 24 October – The ABC Board has elected to abandon The National.
Debuts
* 13 January – The Maestro's Company (SBS)
* 14 January – Possession (Nine Network)
* 26 January – The Early Bird Show (Network Ten)
* 4 February – The Cartoon Connection (Channel Seven)
* 6 February – The Italians (ABC)
* 11 February – Midday (Nine Network)
* 22 February – The Eleventh Hour (Channel Seven)
* 4 March – The National (ABC)
* 4 March – The Cowra Breakout (Network Ten)
* 4 March – News Overnight (Channel Seven)
* 6 March – The Investigators (ABC)
* 7 March - Pressure Point (ABC)
* 7 March - The Fast Lane (ABC)
* 18 March – Neighbours (Channel Seven in 1985, Network Ten from 1986 onwards)
* 29 March – Friday Night Football (AFL) (Channel Seven)
* 17 April – It's a Knockout (Network Ten)
* 9 May – The Henderson Kids (Network Ten)
* 20 May – Now You See It (Channel Seven)
* 27 May – Bang Goes the Budgie (ABC)
* 14 June – Golden Pennies (ABC)
* 15 July – Butterfly Island (ABC)
* 16 July – Quantum (ABC)
* 8 August – Captain Cookaburra's Road to Discovery (ABC)
* 27 October – Anzacs (Nine Network)
New international programming
* 5 January – The Bounder (Channel Seven)
* 5 January – Hallelujah! (Channel Seven)
* 12 January – 🇺🇸 Rubik, the Amazing Cube (Network Ten)
* 20 January – Sorrell and Son (ABC)
* 4 February – 🇺🇸 V (1984) (Network Ten)
* 7 February – Duty Free (Channel Seven)
* 13 February – Spitting Image (Nine Network)
* 22 February – /🏴 Joni Jones (SBS)
* 26 February – 🇺🇸 The Cosby Show (Nine Network)
* 28 February – 🇺🇸 Mickey Spillane's Mike Hammer (Stacy Keach) (Channel Seven)
* 4 March – Bananaman (ABC)
* 9 March – Terrahawks (Channel Seven)
* 22 March – Chocky (ABC)
* 24 March – 🇺🇸 Donald Duck's 50th Birthday (Channel Seven - Melbourne)
* 4 April – 🇨🇦 The Edison Twins (Nine Network)
* 22 April – Danger: Marmalade At Work (ABC)
* 22 April – Fresh Fields (ABC)
* 29 April – 🇺🇸 Going Great (Nine Network)
* 29 April – 🇫🇷/🇯🇵 Ulysses 31 (ABC)
* 3 May – Chocky's Children (ABC)
* 6 May – Spacewatch (ABC)
* 6 May – The Wind in the Willows (1985) (ABC)
* 6 May – Barbara's World of Horses and Ponies (ABC)
* 9 May – 🇺🇸 Murder, She Wrote (Nine Network)
* 25 May – Ken Hom's Chinese Cookery (SBS)
* 14 June One by One (ABC)
* 14 June – Sharon and Elsie (ABC)
* 5 July – 🇸🇪 Time Out (SBS)
* 13 July – 🇺🇸 The Biskitts (Nine Network)
* 14 July – 🇺🇸 Muppet Babies (Network Ten)
* 15 July – Just Good Friends (ABC)
* 16 July – The Young Ones (ABC)
* 19 July – 🇺🇸 The Little Rascals (Channel Seven)
* 20 July – 🇺🇸 Monchhichis (Nine Network)
* 31 July – Swallows and Amazons Forever! (ABC)
* 5 August – 🇺🇸 The Voyages of Doctor Dolittle (ABC)
* 9 August – Children of the Dog Star (ABC)
* 10 August – 🇺🇸 Alvin and the Chipmunks (Ruby-Spears version) (Network Ten)
* 15 August – Home to Roost (Channel Seven)
* 7 September – 🇺🇸 Goldie Gold and Action Jack (Network Ten)
* 9 September – 🇺🇸 Pink Panther and Sons (Network Ten)
* 10 September – 🇺🇸 Mistral's Daughter (Nine Network)
* 12 September – 🇺🇸 Miami Vice (Nine Network)
* 16 September – 🇪🇬 Eyes (SBS)
* 16 September – 🇺🇸 Dungeons & Dragons (Channel Seven)
* 5 October – 🇺🇸 Dragon's Lair (Network Ten)
* 8 October – Expedition Adam 84 (ABC)
* 8 October – Winter Sunlight (ABC)
* 29 October – 🇯🇵/🇺🇸 Voltron: Defender of the Universe (ABC)
* 31 October – Sea of Faith (ABC)
* 11 November – 🇺🇸 Cover Up (Channel Seven)
* 11 November – 🇺🇸 Double Dare (1985) (Channel Seven)
* 11 November – 🇺🇸 Charles in Charge (Channel Seven)
* 12 November – 🇺🇸 Oh Madeline (Nine Network)
* 12 November – 🇺🇸 Off the Rack (Nine Network)
* 12 November – 🇺🇸 Jessie (Channel Seven)
* 13 November – 🇺🇸 50/50 (Nine Network)
* 19 November – 🇺🇸 Glitter (Network Ten)
* 21 November – Moving (ABC)
* 22 November – 🇺🇸 Kate & Allie (Channel Seven)
* 23 November – 🇺🇸 She-Ra: Princess of Power (Channel Seven)
* 25 November - 🇺🇸 Finder of Lost Loves (Network Ten)
* 27 November – 🇺🇸 Hot Pursuit (Channel Seven)
* 16 December – Blott on the Landscape (ABC)
* 23 December – 🇺🇸 Eye to Eye (Nine Network)
* 30 December – 🇺🇸 Two Marriages (Channel Seven)
* 31 December – The Max Headroom Show (ABC)
* 🇺🇸/🇧🇪 Snorks (Nine Network - Adelaide)
* Willo the Wisp (ABC)
* The Adventures of Portland Bill (ABC)
Changes to network affiliation
This is a list of programs which made their premiere on an Australian television network that had previously premiered on another Australian television network. The networks involved in the switch of allegiances are predominantly both free-to-air networks or both subscription television networks. Programs that have their free-to-air/subscription television premiere, after previously premiering on the opposite platform (free-to air to subscription/subscription to free-to air) are not included. In some cases, programs may still air on the original television network. This occurs predominantly with programs shared between subscription television networks.
1950s
* Mr. Squiggle and Friends (1959 – 1999)
1960s
* Four Corners (1961 – present)
1970s
* Hey Hey It's Saturday (1971 – 1999, 2009 – 2010)
* Young Talent Time (1971 – 1988)
* Countdown (1974 – 1987)
* Prisoner (1979 – 1986)
1980s
* Wheel of Fortune (1981 – 2006, 2008)
* Sale of the Century (1980 – 2001)
* Sunday (1981 – 2008)
* Today (1982 – present)
* Perfect Match (1984 – 1989, 2002)
* Neighbours (1985 – present) | WIKI |
Bowman Malcolm
Bowman Malcolm (1854 – January, 1933) was an Irish railway engineer. He became Locomotive Superintendent of the Belfast and Northern Counties Railway (BNCR) at the age of 22 and later took on the additional role of Civil Engineer. He was an advocate of compound locomotives which he introduced to the BNCR.
Biography
The son of a Unitarian minister, Bowman Malcolm was born at Chester in north-west England. Following the death of his father at an early age, however, the family returned to its roots in Belfast. He was educated at the Royal Belfast Academical Institution (RBAI) and Belfast Royal Academy (BRA).
Malcolm joined the Belfast and Northern Counties Railway at the age of 16 in 1870 as a pupil in the Locomotive Engineer's office. That he made tremendous headway with his employers is demonstrated by the fact that when the Locomotive Superintendent, Robert Findlay, resigned due to ill health in 1876, Malcolm was appointed to succeed him in this responsible position aged only 22 years.
In this role he directed the construction and rebuilding of locomotives, coaches and goods wagons and the introduction of the von Borries two-cylinder compound locomotive to the BNCR. During his tenure he oversaw the fitting of the automatic vacuum brake to all passenger stock.
In 1891 he was offered a position similar to his work in the United Kingdom for a railroad company in South America "at a very tempting salary," but he declined the offer citing family obligations. The continuing confidence that the Directors had in Malcolm's ability was shown when he was additionally appointed Chief Civil Engineer to the Northern Counties Committee (NCC) of the Midland Railway (which the BNCR had become) in 1906. He also filled a similar position for the Donegal Railway.
A member of the Council of the Institute of Mechanical Engineers, Malcolm was also a member of the Institution of Civil Engineers and a past President of the Belfast Association of Engineers. Other professional affiliations included the Association of Railway and Locomotive Engineers and the Permanent Way Institution.
He retired from the NCC at the end of 1922, having completed 52 years service with the company, of which 46 years had been as Locomotive Superintendent.
Bowman Malcolm was married on 25 September 1883 to Mary Elizabeth Montgomery of Donegal.
Besides his railway career, Malcolm was interested in educational matters and was a deputy governor of one of his old schools, RBAI. For many years he had also been on the Governing Committee of the Fountain Street School in Belfast.
Bowman Malcolm died at his home in Belfast in January 1933 aged 78. He was survived by his widow and two daughters.
Engineering achievements
Bowman Malcolm shrewdly took an interest in international engineering developments and he saw what von Borries was doing in Germany. Two-cylinder von Borries compound locomotives had been performing sterling service on express trains in Prussia. Thomas Worsdell had followed up the idea on the Great Eastern and North Eastern railways in England and Bowman Malcolm was to bring it to Ireland.
An extensive study of these two-cylinder compound locomotives was created for the BNCR. There were "Heavy Compounds" and "Light Compounds" which included small 2-4-0s with a peculiarly truncated appearance. Noteworthy were the two Class D 4-4-0s Jubilee and Parkmount which had 7 ft. A 2-4-2T version, Class S, was designed for the narrow gauge Ballymena and Larne and the Retreat lines. A good number of these locomotives were to survive throughout the LMS NCC period although many were rebuilt to two-cylinder simple expansion.
Malcolm was interested in steam brakes and took out several patents for improvements to this type of brake.
On the civil engineering side, Bowman Malcolm's greatest achievement must be the railway bridge over the River Bann at Coleraine which opened in March 1924. This was built to replace an older bridge dating from 1860. The construction of this 800 ft was carried out to his design and largely under his supervision. It included an opening span on the Strauss underhung bascule principle that was to be the first application of its type in the United Kingdom. | WIKI |
User:FRANKABRYANT/FRANK LLAMA
Frank A. Bryant, also known as FRANK LLAMA is the founder of "The Free My City Council" (formally known as "The Free D.C. Campaign.")
He is an Alumnus of Morehouse College. | WIKI |
Cholesteatoma is a cystic non tumorous lesion of the temporal bone that has the ability to destroy nearby structures by its power to cause bone resorption and as a result, fatal complications prevail. We aimed to conduct a comprehensive review for pathogenesis of acquired cholesteatoma, bone resorption mechanisms, and offer a future vision of this serious disease. We have reviewed different theories for pathogenesis of acquired cholesteatoma including the most relevant and updated ones with special emphasis on the mechanisms of bone resorption through Medline/PubMed research using the keywords ‘aetiopathogenesis, bone resorption, acquired cholesteatoma, temporal bone, and cytokines.’ In order to strengthen our study, we searched the reference lists of identified reviews. Cholesteatoma is a subject of debate among otolaryngologists since it was prescribed firstly. Over many decades, several theories were postulated for aetiopathogenesis of cholesteatoma with a tendency to follow more than one theory to explain the proper nature of that disease. Until now, the mechanism of bone resorption has yet to be more clarified. In the last century, a leap has occurred in the field of biomolecular cholesteatoma research which improved our knowledge about its pathophysiology and bone destructive mechanism. However, surgery is still the only available treatment. We conclude that discovery of new therapeutic choices for cholesteatoma other than surgery by the use of anti-growth, anti-proliferative, apoptotic agents as well as medications that antagonize osteoclastogenesis should be the main concern in the future clinical and experimental research work. Also, searching for predictors of the aggressiveness of cholesteatoma can affect the timing of intervention and prevent occurrence of complications. | ESSENTIALAI-STEM |
Windows Web Hosting vs. Linux Web Hosting
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Windows and Linux are the two major web hosting operating systems. Traditionally, Linux is the first web hosting operating system, but Windows now is catching on quickly. Linux is open source, while Windows does not share its source code with the world. Both of them have advantages and disadvantages.
So, in order to help you make a wise choice about Linux and Windows web hosting, we try to analyze some of the main point you should take into consideration before making a final determination.
What’s Windows Web Hosting
Windows web hosting is a kind of hosting plan which is based on Windows Server and supports Microsoft programming languages, such as Classic ASP, ASP.NET, and some other major scripting languages. Some solutions developed by Microsoft are also supported by Windows platform, including MS Access and MS SQL databases.what is windows web hosting
If your website is developed by PHP, MySQL, Ruby on Rails or Perl to support WordPress, Drupal, Joomla, etc, Linux is a good option for you. However, if your websites use dynamic web page and need to be developed by Microsoft technology, now you should choose Windows web hosting.
For Windows web hosting, it has a larger user base, because of the compatible products, various applications, and simple operation. The following analysis can offer you a reference whether you should choose a Windows web hosting plan.
Windows Specific Features
Before choosing Windows web hosting, you can have a comprehensive understanding about its specific features, which help you determine whether Windows plan can meet your particular needs.
• Classic ASP: it is short for Active Server Pages, which is Microsoft’s first server-side script engine. It’s a basic application framework for web builders to create pages.
• ASP.NET: a server-side web application framework to help webmasters create dynamic web sites, web applications, and web services, which is the successor to ASP.
• Silverlight: an application framework used for writing and running various Internet applications, which is similar to Adobe Flash. It supports the high-definition video files.
• what is windows web hostingAdobe ColdFusion: one of the longest-standing application development platforms which is designed to connect simple HTML pages to databases, including an IDE, a full scripting language, advanced features for enterprise integration and support for rich Internet applications.
• FrontPage: an easy-to-use WYSIWYG (What You See Is What You Get) HTML editor. It is rich-features and allows you to create pages and forms and upload them easily on the website.
• Windows Streaming Media: a means of delivering live or on-demand digital media content to the public, including Windows Media Audio (WMA) and Windows Media Video (WMV). It is often used for band sites or movie trailers.
• Access: a database system developed by Microsoft, which is used to store data in its own format based on the Access Jet Database Engine.
• MSSQL: a relational database system used with Cold Fusion or ASP to store and retrieve website information, which allows multiple website visitors to use it at one time.
• Control Panel: The best reliable control panel for Windows web hosting is Plesk, meanwhile, WebSitePanel is another easy-to-use control panel here, which is popular with a majority of web hosts, such as Bisend.com.
Advantages of Linux Web Hosting
If you’re going to running a WordPress or Joomla website through Plesk or cPanel, while anticipating your solution will be called upon to have near 100% uptime, you’d be correct to choose Linux. More so, if you’re new to web hosting services and have no idea about what exactly a development tool (i.e. WordPress, PHP, MySQL, Python, or Perl) means in the process of creating and managing an online presence, going with a Linux web hosting will still likely be your best bet.
We’ve gone over some of the highlighted advantages combined with a Linux web hosting. Let’s dig into them a little deeper below.
Affordable Pricing
Since Linux is entirely a free and open source operating system, Linux web hosting providers can cut down the price of each licensed copy and provide customers with cheaper plans.
In the case of Bisend Linux web hosting, though the regular price starts at $7.99/mo, customers can save up to 64% discounts off based on the hosting plan and billing cycle they choose. So, the final price of the hosting service is $2.95/mo, which is also a commonly seen price level in the Linux web hosting market.
Powerful Compatibility & Dev Tools
Another major benefit of hosting with Linux is the compatibility it has with hardware and software.
With Linux servers dominating the Apache, PHP, MySQL market, you won’t experience any difficulties with WordPress, Joomla, or any other popular content management systems, blog platforms, online stores and forums.
As to web server administration tools, cPanel used to dominate the Linux web hosting market for so many years. But now, things have changed as Plesk started fully supporting Linux operating systems since Plesk 12.5, including Debian, Ubuntu, CentOS, Red Hat Enterprise Linux, and CloudLinux. Both control panels allow users to install all variety of software from a simple user interface via one-click installs. The ease of use makes people of even the most basic skill level to jump right into creating and managing websites, emails, MySQL databases, and configure PHP.
BTW, Bisend Linux web hosting is using the latest Plesk Onyx that comes along with an user-friendly interface, powerful extensions, and ready-to-code environment, etc.
Enhanced Stability and Performance
Performance and uptime as a whole is one of the most important factors you should consider when choosing a web hosting solution. If your websites are hosted with Linux-based servers, you will be rest assured that they can perform smoothly and stably.
As well, on the software package level, you partially take responsibility for securing your website. Therefore, applying necessary patches and having good passwords are important roles to a secure environment. Fortunately, both cPanel and Plesk keep updating web applications and software to the latest versions without any interference with you. Namely, if you host your website with Bisend’s Linux servers, you can easily monitor and keep package update using Plesk Onyx, such as viewing available updates, manage individual or mass package updating, unlock packages to all automatic updates, and more.
Choose Between Linux Web Hosting and Windows Web Hosting
What Do Your Applications Demand?
Windows-Linux-web-hostingBefore choosing Windows or Linux web hosting, you should consider what applications you run on your server. Because some applications are only suitable for Windows, for example, Internet Explorer, Microsoft Office Word and Windows Explorer, while some only apply to Linux, and also some applications are available to both of the two operating systems. So choosing an operating system which is appropriate for your applications demand is one of the most important issues to consider.
Even if some applications can be ported from the other operating system, it’s no doubt that they can work best in their native environment. So, make sure in advance which operating system can satisfy your necessary applications need.
Price
In general, hosting packages based on Linux operating system are able to offer low prices. The reason is that Linux is a free open source so that web hosting providers don’t need to pay licensing fees, while Windows is developed by Microsoft and charged expensively, so web hosting provider has to charge you a few more dollars because of the licensing fee for Windows.
Control Panel
Linux servers and Windows servers use different control panel. For example, cPanel, the most popular control panel is available on all Linux-based hosting plans, as well as vDesk, Webmin and so on. There are some common-used control panel are available on Windows web hosting, such as Plesk and WebSitePanel. On the basis of the control panel, you can choose which one is better.
Performance
Performance is highly influenced by data center, network and some other factors, however, which is not related to operating system. Therefore, there is no need to consider of the performance when choosing a system operating, but keep it in mind when selecting a web hosting provider.
Security
windows-linux-web-hositng
Generally, security is of vital importance for websites, no matter a personal site you simply use to blog occasionally, or a global, large scale business website. Some people may say that Linux is more secure, but Windows can also be secured well by web hosts.
In terms of security, there is no clear difference between Linux and Windows, both of which can provide you a secure web hosting environment.
Your Personal Needs
The main factor for most of people choosing Windows web hosting is that ASP, MS SQL, Access, .NET and FrontPage can only be supported on Windows platform, while Linux supports PHP and MySQL, which is also popular with many customers. On the basis of your own needs, you can make a choice between Linux and Windows.
Conclusion
In fact, it is difficult to say which operating system is better. Only if the operating system can meet your needs, it can be a good choice. Actually, choosing a reliable web host is more important than selecting a suitable operating system. When you still have no idea about which operating system is better, visit Bisend.com, which both supports Linux web hosting and Windows web hosting. | ESSENTIALAI-STEM |
Department of Physics http://hdl.handle.net/123456789/11 2017-11-23T18:32:19Z 2017-11-23T18:32:19Z Studies of Surface Properties of Fuel Cell Material by Atomic Force Microscopy Rimsha Anwar CIIT/SP13-BPH-005/LHR http://hdl.handle.net/123456789/493 2017-05-23T11:44:34Z 2017-01-17T00:00:00Z Studies of Surface Properties of Fuel Cell Material by Atomic Force Microscopy Rimsha Anwar CIIT/SP13-BPH-005/LHR Increase in demand for the energy supply worldwide is rising a thrust to the scientists and researcher to develop new energy conversion and energy storage technologies. The development of inexpensive, environment-friendly, flexible, light weight and sustainable energy conversion devices is essential. In the context of energy conversion technologies, fuel cell is an electrochemical device that converts chemical energy into heat, and power. The conventional fuel cell consists of three components; anode, electrolyte, and cathode. Each material plays an important role for high efficiency. The aim of this study is to analyze the surface morphology of fuel cell components. For this purpose, LCNZ oxide electrodes and SDC electrolyte were developed. In this project, three samples are prepared by wet chemical method which include sol gel and co-precipitation. These all are nanocomposites. The structure, morphology and other characterization of the synthesized nanocomposites materials were analyzed using characterization technique AFM and FTIR. However, the study was focused to analyze the surface topography with different AFM modes: contact mode, non-contact mode, and tapping mode. 2017-01-17T00:00:00Z Single Molecule Electrochemical Device Qaiser Atta SP13-BPH-023, Muhammad Irfan SP13-BPH-027 http://hdl.handle.net/123456789/492 2017-05-23T11:42:17Z 2017-01-17T00:00:00Z Single Molecule Electrochemical Device Qaiser Atta SP13-BPH-023, Muhammad Irfan SP13-BPH-027 This research focuses on the first principles study of 4, 4 Bipyridine and organic single molecules for nano-electronics applications. 4, 4 Bipyridine molecular devices were studied by sandwiching them in Gold 3×3 Au (111) and Nickel 3×3 Ni (111) electrodes. Charge transport properties are observed by calculating their transmission spectra and device density of states by using Non-equilibrium Green’s function along with DFT technique. These nano-sized objects attracted extensive interest from the scientific society due to their promise to serve as building blocks for nanoelectronic devices with low power consumption, high strength, good performance, innovative, and unique potentials for device assembling. Molecular electronics where the molecular conductance is determined by sandwiching the molecule between the metal electrodes. The primary objective of this project is to apply first-principles density functional theory (DFT) to study metal electrode/molecule/metal electrode contacts. DFT-based approach permitted us to predict the electrical characteristics of single molecular devices. The Ni devices exhibit significant advantages compared to Au based ones, including larger conductance and more stable chemical binding due to the influence of the Ni d-electrons 2017-01-17T00:00:00Z Quantitative analysis of Positron emission tomography and Computed tomography (PET/CT) for the diagnostic correctness Abdul Rahman SP13-BPH-002 Muhammad Faheem SP13-BPH-015, Muhammad Awais sardar SP13-BPH-030 http://hdl.handle.net/123456789/491 2017-05-23T11:38:37Z 2017-01-17T00:00:00Z Quantitative analysis of Positron emission tomography and Computed tomography (PET/CT) for the diagnostic correctness Abdul Rahman SP13-BPH-002 Muhammad Faheem SP13-BPH-015, Muhammad Awais sardar SP13-BPH-030 It is the comparison between two imaging modalities which give the sufficient anatomical and functioning information about the normal and abnormal tissues of the organ. In this research project eight results of different patients were selected. The elected organs are liver and spleen. By using the PET and CT imaging technique we find out that PET is giving the much more pixel values than the CT scan. It means PET scan is giving the much more information than the CT scan, but we cannot use the PET frequently due to the usage of radionuclides 2017-01-17T00:00:00Z MRI VSPET IMAGING TECHNIQUE DIAGNOSTIC ACCURACY Muhammad Irfan SP13-BPH-017 Muazzam Shafaqat SP13-BPH-013, Mohsin Tariq SP13-BPH-014 http://hdl.handle.net/123456789/490 2017-05-23T11:34:16Z 2017-01-17T00:00:00Z MRI VSPET IMAGING TECHNIQUE DIAGNOSTIC ACCURACY Muhammad Irfan SP13-BPH-017 Muazzam Shafaqat SP13-BPH-013, Mohsin Tariq SP13-BPH-014 Censer disease is widely spread all over the world. This is so dangerous to human life, advance and modern techniques are used in the treatment to kill the censer cell or tissues by using external radiation technique. 1. Intensity Modulated Radiation Therapy(IMRT) 2. Image Guided Radiation Therapy(IGRT) 3. Tomotherapy. External radiation treatment depends upon accurate imaging so, medical imaging isa very important area in medical physics to differentiate between normal and abnormal parts of the body very precisely and accurately. In this research project we compare Positron Emission Tomography and Magnetic Resonance Imaging techniques.These techniques are hybrid with External Radiation therapy. We analyses both imaging methods to find the accuracy and appropriate imagingscheme for specific organ in medical imaging 2017-01-17T00:00:00Z | ESSENTIALAI-STEM |
Talk:Tattered Cover
Significant indie bookstore, also took on bookstore chains
Worthy of some more work as most booksellers in the country know of this shop, as there was little case law on the issue of bookbuyers' anonymity beforehand. Indeed, as the Court declared:
"Had it not been for the Tattered Cover's steadfast stance, the zealousness of the city would have led to the disclosure of information that we ultimately conclude is constitutionally protected."
--Paulscrawl (talk) 18:23, 26 April 2010 (UTC) | WIKI |
User:GCShowSociety
Records indicate that the first Show was held at Recreation Reserve. The Reserve was located at what we now know as Woodroffe Park directly behind the Southport RSL in Lawson Street.
From research undertaken, it is apparent that the Show then moved to farmland donated by the Owen family in Queens Street Southport. The Show operated on these grounds until 1988 when it moved to it’s present location at Parklands in 1989. This complex comprises 47 hectares in area and was purpose built for the Show Society along with Harness and Greyhound racing facilities.
The reason for relocating from Owen Park was purely because the Show had outgrown the venue and needed to have larger grounds to cater for the growing numbers attending the Show each year.
Originally the Show was called ‘The Southport Show’ until 1952 when it became the ‘South Coast Show’. It changed its name to the ‘The Gold Coast Show Society in about 1959.
The first real event took place at Parklands in 1989. In fact the grounds were so new that the Show, which has traditionally been held in late August, had to be postponed until late October. The finishing touches to the grounds were still being completed up to the day before the Show opening. There was little grass or ground cover which made it difficult for both the Society and Patrons, at that time. It is significant to remember that the crowds attending the Show have increased almost every year since moving to Parklands. Since 1996 the crowds have increased from 48,000 to 64,000. Every year the Gold Coast Show host the popular and traditional Show events featuring fireworks displays, ring events, Australiana displays, show bags, wood chops, side show alley, visual arts and home crafts displays, stage shows, roving entertainment and of course the FREE family circus. Added to this is an an entertainment package changing each year
In 2006, the Show Society celebrated the Centenary of Shows and are not aware of any other community event within the region that has continued to function successfully for such a long period. | WIKI |
kolay gelsin
Phrase
* 1) A salutation said to those who are working or who have a long or difficult task ahead. | WIKI |
How to plot many images in a loop
12 views (last 30 days)
Tsitsos Dimitris
Tsitsos Dimitris on 17 Mar 2021
Commented: Rik on 18 Mar 2021
Hello,
I am working with a Matlab code where I want to run a loop. In each loop, I will do some processing and then show an image based on the processed data. When I go to the next loop, I want the previously stored image to be closed and generate a new image based on the latest data.
A sum up from my code is this :
for ww= 0.4:0.2:2.6
**********************image processing code*********************************
t1=1-ww*(dark_channel1/A); % part that connect ww with the image processing code
**********************image processing code*********************************
out = pic;
figure;
imshow (out)
imwrite(out,sprintf('%d.jpg',ww));
End;
What I expect is many different images depend on the "ww", but the output that I take looks like in each iteration each image sticks to the previous one.
I think that somehow I can’t separate the output (image), and after each iteration I don't reset my loop. As a result I display a new image but stack on the previous. It is like in each iteration the new image sticks to the previous.
Any suggestions??
Thank you in advance
Accepted Answer
ANKUR KUMAR
ANKUR KUMAR on 17 Mar 2021
for i=1:5
imwrite(randi(255,250,205)/255,sprintf('Image_%d.png',i))
end
10 Comments
Rik
Rik on 18 Mar 2021
Regarding your email:
There must be a way to reproduce this problem. Try removing code line by line to see what happens when.
As an example:
for i=1:h
for j=1:w
dark_I(i,j)=min(img(i,j,:));
end
end
This sets some values to dark_I. Assuming img contains integers 0-255, you can replace this loop with this:
dark_I(1:h,1:w)=uint8(randi(255,h,w));
It is also possible to create a mat file containing dark_I wrapped in a cell with the values for the first 3 iterations. That should also be enough to replicate the result.
I don't do private consulting, there are other people you can hire for that. You need to find a way to reproduce your issue in fewer lines of code than you posted above. Unless there is a bug caused by a very specific condition (making it hard/impossible to reproduce on my end anyway), it is almost always possible to reduce the cause of such behavior down to code that fits on one screen.
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Japan factory output rebounds, but retail sales slow in worrying sign for outlook
TOKYO (Reuters) - Japan’s industrial output rebounded more than expected in July, offering a hopeful sign for the economy and its manufacturers pressured by slowing global demand and a protracted Sino-U.S. trade war. However, retail sales fell at a faster pace, suggesting that domestic demand may be weaker than previously thought and signaling possible strains for private spending in coming months. Industrial output rose 1.3% in July, government data showed, more than a median market forecast for a 0.3% gain. It followed a sharp 3.3% drop in the previous month. Output was pushed up by increased production of cars and chemicals, offsetting a decline for oil products, the data showed. Manufacturers surveyed by the trade ministry expect output to rise 1.3% in August, but fall again by 1.6% in September. Friday’s data set paints a mixed picture for Japan’s economy, the world’s third-largest, whose outlook has been clouded by global pressures and early signs of weakness in business sentiment. “These (output) projections tend to be too optimistic and we think that output will be broadly flat in August,” Marcel Thieliant, senior Japan economist at Capital Economics, said in a note to clients. “That means that even if it doesn’t fall any further in September, it would shrink a little in the third quarter, consistent with weak GDP growth.” So far, the export-reliant economy has avoided buckling under a slowdown in overseas demand and expanded an annualized 1.8% in the second-quarter, largely thanks to robust household consumption and capital expenditure. Japanese exporters also hold hopes for a speedy resolution to bilateral trade negotiations between Washington and Tokyo after U.S. President Donald Trump and Prime Minister Shinzo Abe on Sunday announced an agreement on the core principles of a limited trade deal. But business expectations have dimmed recently. Japanese manufacturers turned pessimistic about business prospects for the first time in more than six years in August as the specter of a global downturn looms large, the monthly Reuters Tankan survey showed last week. Japan’s exports slipped for an eighth month in July as China-bound sales slumped again in a fresh sign the Sino-U.S. trade war could hurt the economy. Separate data on Friday showed domestic demand might slow in coming months as retail sales dropped 2.0% in July from a year earlier, reflecting recent weakness in household sentiment, above the median estimate for a 0.8% drop. Tokyo’s core consumer prices (CPI) index, which includes oil products but excludes fresh food prices, rose 0.7% in August from a year earlier. The figure matched the level seen in June last year and was the lowest since May 2018 when the index grew 0.5%. The jobless rate fell to 2.2% in July, while the availability of jobs decreased, government data showed. The jobs-to-applicants ratio declined to 1.59 in July, down from June and the median estimate of 1.61. Reporting by Daniel Leussink, Additional reporting by Kaori Kaneko; Editing by Shri Navaratnam | NEWS-MULTISOURCE |
Page:The Complete Works of Lyof N. Tolstoi - 08 (Crowell, 1899).djvu/285
Rh Petka even shouted, "I would have shot him dead for stopping there!"
Then we began to feel a little compunction for the frozen Frenchmen. Then, when we had crossed the border, and the Germans who had been opposed to us before declared for us, some one remembered the German present in the room.
"Ah! and that is the way you did? First you were against us, and then when we got strong you took our side!" and suddenly all got up and began to ''oh! oh! and ah! ah!'' at the German, so that the noise could have been heard in the street.
When they came to order, I went on to tell them how we escorted Napoleon to Paris; how we set the rightful king on the throne; how we enjoyed our triumphs and feasted; but then the memory of the Crimean War spoiled for us all this glory.
"Just wait!" cried Petka again, shaking his curls. "Wait till I grow up, and I will pay 'em back!"
If now the allied armies had attacked the Shevardinsky redoubt or the Malakhof Tower, we should have driven them back!
It was already late when I brought my story to an end. As a general thing the children are asleep by this time. But no one was sleepy; even the eyes of the cuckoos were aglow. The moment I stood up, Taraska, to my great amazement, crept out from under my arm-chair, and looked at me with eager, but at the same time serious, face.
"How came you under there?"
"He has been there from the very first," said some one.
There was no need of asking if he had understood: it was evident by his face.
"What can you tell us about it?" I asked.
"I?" he repeated; "I can tell it all. I am going to tell about it when I get home."
"And I."
"And I too."
"Won't it be too long?" | WIKI |
Is Kabz Har good for health?
Is Kabz Har good for health?
Baidyanath Kabz-Care helps in improving body digestive functions. This assists in treating constipation and stimulates the digestive system. The herbal granules improve how fibre and water move into the digestive system to control constipation. The granules are also effective in treating piles and acidity.
What is Kabz har?
Baidyanath Kabja Har is an ayurvedic medicine that is primarily used for the treatment of Constipation. The key ingredients of Baidyanath Kabja Har are Amaltas, Haritaki, Ginger, Dill, Ajwain, Vidanga, Black Salt, Indian Senna.
How do you take Kabz har?
Kabz har Powder Dosage: Adults: 1 – 2 teaspoonful at bed time, with luke warm water or as directed by the physician. How long to take? It can be taken for upto 1 month, based on doctor’s advice. Seek your doctor’s advice if you are taking this product along with other western (allopathic/modern) medicines.
Is Kabzhar good for constipation?
Baidyanath Kabzhar aids in the improvement of digestive functions in the body. It helps to relieve constipation while also stimulating the digestive system. To control constipation, the herbal powder increases the movement of fibre and water into the digestive system.
What helps constipation in India?
*Note: Drink plenty of fluids when increasing fiber intake as it absorbs water.
1. Aloe Vera gel or juice.
2. Senna tea.
3. 1 tsp of Castor oil with warm milk or fruit juice.
4. Rhubarb.
5. Mint or Ginger Tea.
6. Fennel powder with warm water.
7. Fenugreek (cooked leaves and powdered seeds)
8. Lemon juice with warm water.
How can I soften my stools?
Examples of home remedies to soften stools include:
1. Abdominal massage. Sometimes a stomach massage can help stimulate the bowels if they’re not moving enough to help stool digest more quickly.
2. Drink more water.
3. Eat more fiber.
4. Avoid empty-calorie, low-fiber foods.
5. Exercise.
Is milk good for constipation?
Lots of milk and cheese can make your constipation worse.
What foods cause hard stools?
7 Foods That Can Cause Constipation
• Alcohol. Alcohol is frequently mentioned as a likely cause of constipation.
• Gluten-containing foods. Gluten is a protein found in grains like wheat, barley, rye, spelt, kamut, and triticale.
• Processed grains.
• Milk and dairy products.
• Red meat.
• Fried or fast foods.
• Persimmons.
Does drinking hot lemon water help with constipation?
Lemon juice Increasing water intake may help relieve constipation. Drinking a mixture of lemon and water may help relieve constipation in some people. People can add lemon juice to their diets and keep their bodies hydrated with lemon water. Use fresh, locally sourced lemons where possible. | ESSENTIALAI-STEM |
Zain Abbas (Hong Kong cricketer)
Zain Abbas (born 16 April 1986) is a Pakistani-born cricketer who has played one One Day International for Hong Kong. | WIKI |
```toml [advisory] id = "RUSTSEC-2021-0080" package = "tar" aliases = ["CVE-2021-38511"] cvss = "CVSS:3.1/AV:N/AC:L/PR:N/UI:N/S:U/C:N/I:H/A:N" date = "2021-07-19" url = "https://github.com/alexcrichton/tar-rs/issues/238" [versions] # none, 0day patched = [">= 0.4.36"] [affected] functions = { "tar::Archive::unpack" = ["< 0.4.36"] } ``` # Links in archive can create arbitrary directories When unpacking a tarball that contains a symlink the `tar` crate may create directories outside of the directory it's supposed to unpack into. The function errors when it's trying to create a file, but the folders are already created at this point. ```rust use std::{io, io::Result}; use tar::{Archive, Builder, EntryType, Header}; fn main() -> Result<()> { let mut buf = Vec::new(); { let mut builder = Builder::new(&mut buf); // symlink: parent -> .. let mut header = Header::new_gnu(); header.set_path("symlink")?; header.set_link_name("..")?; header.set_entry_type(EntryType::Symlink); header.set_size(0); header.set_cksum(); builder.append(&header, io::empty())?; // file: symlink/exploit/foo/bar let mut header = Header::new_gnu(); header.set_path("symlink/exploit/foo/bar")?; header.set_size(0); header.set_cksum(); builder.append(&header, io::empty())?; builder.finish()?; }; Archive::new(&*buf).unpack("demo") } ``` This has been fixed in https://github.com/alexcrichton/tar-rs/pull/259 and is published as `tar` 0.4.36. Thanks to Martin Michaelis (@mgjm) for discovering and reporting this, and Nikhil Benesch (@benesch) for the fix! | ESSENTIALAI-STEM |
People's Romeo
People's Romeo is a play by British playwright Mukul Ahmed based on William Shakespeare's Romeo and Juliet.
Cast
* Delwar Hossain Dilu as Romeo / Narrator
* Caitlin Thorburn as Juliet / Friar Laurence / Tybalt
* Leesa Gazi as Juliet's Nurse / Lady Montague
* Swagata Biswas as percussionist
* Sohini Alam as singer
Themes
Performed in both English and Bengali it blends William Shakespeare's words with Bengali poetry and the Pala Gaan theatrical tradition of song, music, dance and story-telling is used. The original text, alongside modern English, is also used.
Production
The People's Romeo was developed across a two-year period by Wandsworth-based theatre company Tara Arts. The production's name – People's Romeo – reflects the sub-continent's traditions of People's Theatre, where performers tour with a minimum of props and a small cast.
The cast of three actors; Delwar Hossain Dilu, Caitlin Thorburn and Leesa Gazi play multiple roles, transitioning from one character, although the story has been pared down. Characters such as Mercutio and Count Paris have been left out all together. Several important parts have been left out, notably, the reason for Romeo not knowing that Juliet has faked her death was omitted. The company of five also includes singer Sohini Alam joining in traditional and modern Bengali folk songs, and percussionist Swagata Biswas provides us with a live musical score. The set was designed by Sophie Jump's and the lighting designed by Howard Hudson.
Tour
The People's Romeo opened at Greenwich Theatre in September 2010, as part of a UK tour. Prior to a UK tour, it played five performances at TARA Studio ahead of visits to Greenwich, Plymouth, Wolverhampton, Crawley, London's Asia House and Waterman's Hull, Darlington and Birmingham. The show was also staged at Hull Truck Theatre as part of Black History Month.
Reception
Deborah Klayman of The Public Reviews rated People's Romeo it 3/5 called it "is energetic and entertaining with moments that are exciting, moving, and humorous." Matthew Jenkins of News Hopper said, "Both charming and moving, People's Romeo is a brave attempt to try something genuinely new and makes for a culturally enriching and entertaining two hours."
The Stage said, "Director Mukul Ahmed may have taken several liberties with Shakespeare's original but the important elements remain and his cast of five performers, including a percussionist and vocalist create an utterly absorbing piece of theatre. OffWestEnd.com said, "The People's Romeo is a dynamic cross-cultural performance made for our time that uses Pala Gaan, a popular Bengali folk theatre style that combines music, dance and storytelling to re-invent this classic of English theatre. | WIKI |
Cameco Releases 2024 Sustainability Report
SASKATOON, Saskatchewan, June 26, 2025--(BUSINESS WIRE)--Cameco (TSX: CCO; NYSE: CCJ) released its 2024 Sustainability Report today, which communicates the initiatives and key metrics that demonstrate Cameco’s progress to date and the continual advancement of our sustainability reporting.
"As a responsible company focused on creating long-term, sustainable value for all our stakeholders, we are taking the appropriate actions and making decisions to look after our employees, support our communities, and reduce our environmental impact," Cameco President and CEO Tim Gitzel said.
Cameco is committed to transparency and accountability for quality reporting on sustainability matters to our providers of capital, customers, employees, regulators, local Indigenous Peoples, communities around our operations, and other stakeholders.
For more than 15 years, we have disclosed our sustainability performance through an extensive range of environment, safety, social, economic, and governance indicators.
Sustainability highlights from 2024 include:
Completing physical climate risk assessments at our U.S. operations in Nebraska and Wyoming;
Launching a pre-trades training program for Residents of Saskatchewan’s North, where ten female students began courses on industrial and heavy-duty mechanics, carpentry, electrical, plumbing and welding;
Removing the Port Hope legacy UF6 plant, where over 125,000 hours were spent over five years to address legacy waste inherited from historic operations — a major milestone of our Vision in Motion project;
Achieving our goal to publish our Scope 3 emissions value and quantification method, as well as engage with value chain partners that together make up 59% of our total Scope 3 emissions, to better understand emission-reducing initiatives in our value chain;
Acknowledging 51% of our workforce at our northern Saskatchewan operations self-identified as Indigenous; and,
Celebrating that 71% of all our spending on services at our northern Saskatchewan mine sites was with northern-owned businesses.
"Looking forward, I want us to continue to safely produce uranium fuel in a way that our people are proud of. We remain committed to pursuing sustainability and providing a respectful workplace that is reflective of the communities where we operate," Gitzel said.
In this report, Cameco has incorporated relevant Sustainability Accounting Standards Board (SASB) performance indicators and continued its progress toward integrating the recommendations of the Task Force on Climate-Related Financial Disclosures (TCFD). The report can be downloaded or read online at www.cameco.com/about/sustainability.
Cameco’s board of directors and executive team oversee the company’s sustainability strategy, execution, and reporting. In addition to SASB and TCFD, the report contains other key performance indicators that we believe have an important bearing on Cameco’s long-term sustainability, some of which are unique to our company and some of which are based on the GRI Standards framework that we used as the basis of our sustainability reporting prior to 2020. For the third year, we have obtained a third-party limited assurance report on selected performance indicators.
Profile
Cameco is one of the largest global providers of the uranium fuel needed to power a secure energy future. Our competitive position is based on our controlling ownership of the world’s largest high-grade reserves and low-cost operations, as well as significant investments across the nuclear fuel cycle, including ownership interests in Westinghouse Electric Company and Global Laser Enrichment. Utilities around the world rely on Cameco to provide global nuclear fuel solutions for the generation of safe, reliable, carbon-free nuclear power. Our shares trade on the Toronto and New York stock exchanges. Our head office is in Saskatoon, Saskatchewan, Canada. As used in this news release, the terms we, us, our, the Company and Cameco mean Cameco Corporation and its subsidiaries unless otherwise indicated.
Caution about forward-looking information
This news release includes statements considered to be forward-looking information or forward-looking statements under Canadian and U.S. securities laws (which we refer to as forward-looking information), including: our focus on creating long-term, sustainable value for all our stakeholders; our goals of looking after our employees, supporting our communities and reducing our environmental impact; our commitment to continual advancement of our sustainability reporting, including transparency and accountability for quality reporting on sustainability matters; our intention to continue to produce uranium fuel safely; our commitment to pursuing sustainability and providing a respectful workplace; and our engagement with value chain partners to better understand emission-reducing initiatives in our value chain. This forward-looking information is based on a number of assumptions, including assumptions regarding our ability to achieve our goals of creating long-term, sustainable value, looking after our employees, supporting our communities and reducing our environmental impact; our ability to maintain quality reporting on sustainability matters; and our ability to achieve safe production of uranium fuel, pursue sustainability and maintain a respectful workplace. This information is subject to a number of risks, including: the risk that we may be unable to achieve our goal of pursuing long-term, sustainable value or meet our uranium fuel production goals; the risk that we may not be able to maintain quality reporting on sustainability matters; and the risk that we may face unexpected challenges or delays in advancing our climate, environmental and social-related goals or that they may not achieve the intended outcomes or results. Additional assumptions and risks are detailed in the Caution About Forward-Looking Information in our Sustainability Report and our most recent annual and quarterly Management’s Discussion and Analysis. The forward-looking information in this news release represents our current views, and actual results may differ significantly. Forward-looking information is designed to help you understand our current views and may not be appropriate for other purposes. We will not necessarily update this information unless we are required to by securities laws.
View source version on businesswire.com: https://www.businesswire.com/news/home/20250626475069/en/
Contacts
Investor inquiries Cory Kos 306-716-6782 cory_kos@cameco.com
Media inquiries Veronica Baker 306-385-5541 veronica_baker@cameco.com | NEWS-MULTISOURCE |
My great grandmother died suddenly from ovarian cancer and my mother, who idolized her, had always remained vigilant about getting Pap tests. It’s a thing in our family—being on top of our ovary health—but this isn’t a reality for every person. And in fact, a recent report found that many women don’t know that much about ovarian cancer whatsoever.
Being the eighth leading cause of cancer in women, and affecting 300,000 women a year, the World Ovarian Cancer Coalition says that one in six women die within three months of the diagnosis. According to the WOCC study, two-thirds of the women had never even heard of ovarian cancer.
What’s terrifying about ovarian cancer is that it’s known as the “silent killer” because symptoms are not always noticeable. Family history is important as well as genetics (hence my family’s personal interest). Additionally, the use of certain consumer products, such as talcum powder, that may unknowingly increase a woman’s risk of ovarian cancer.
Once symptoms are present, it’s typically long after cancer has already caused bloating, nausea, pain, and low energy. Still, these symptoms don’t always lead women to visit a doctor. According to NPR, one in ten women waited six months to see a professional.
A diagram of a woman's reproductive to depict ovarian cancer facts and information
The good news is that birth control, having children, and breastfeeding can reduce your risk of ovarian cancer because of the peak in the hormone progesterone that is released during pregnancy and birth control.
So why aren’t we knowledgeable on the topic? And why aren’t we allowing it to carry the same weight as breast cancer?
In short, there isn’t enough information on ovarian cancer. Mana Chakrabarti explains on NPR that because of the subtle symptoms, people aren’t taking it seriously. Moreover, accurate studies and more in-depth data is necessary for any improvement or change in numbers.
It’s also important to note that doctor’s are researching more ways to find a cure than raising awareness. They are spending their time seeking out reasons as to why ovarian cancer is the leading gynecological cancer and to create better treatment for patients diagnosed. And with articles, more data, and more research, the wider public can begin to put ovarian cancer on their radar in order to stay educated on any preventable measures.
Learn more about ovarian cancer with MedTruth's visuals. | ESSENTIALAI-STEM |
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Title: Determining Glass Transition Temperatures of Individual Isoprene-Derived Secondary Organic Aerosol Particles
The ability of an atmospheric aerosol particle to take up water or to participate in heterogeneous reactions is highly influenced by its phase state – solid, semi-solid, or liquid. The changes in phase state can be predicted by glass transition temperature (Tg), as particles at temperatures below their Tg will show solid properties, while increasing the temperature above their Tg will allow for semi-solid and eventually liquid properties. Historically, measurements of the Tg of bulk materials have been studied in order to model the phase states of aerosols in the atmosphere; however, these methods only permit an estimation of aerosol Tg based on their bulk chemical composition. Determining the Tg of individual particles will allow for more accurate model predictions of aerosol phase state. Herein, we apply a recently developed method utilizing a nano-thermal analysis (nanoTA) module coupled to an atomic force microscope (AFM), to determine the Tg of individual secondary organic aerosol (SOA) particles generated from the reactive uptake of isoprene-derived epoxydiols (IEPOX) onto acidic ammonium sulfate aerosol particles. NanoTA works by using a specialized AFM probe which can be heated while in contact with a particle of interest. As the temperature increases, the probe deflection will first increase due to thermal expansion of the particle followed by a decrease at its melting temperature (Tm). The Tg of the particle can then be determined from Tm using the Boyer–Beaman rule. We compare the Tg of the SOA particles formed from IEPOX uptake onto ammonium sulfate particles with different initial aerosol pH values, as well as under a range of oxidant exposure conditions. Our measurements will allow for more accurate representations of the phase state of aerosols under a range of atmospheric conditions. more » « less
Award ID(s):
2001027
NSF-PAR ID:
10392013
Author(s) / Creator(s):
; ; ; ; ; ; ; ; ; ; ;
Date Published:
Journal Name:
AAAR 40th Annual Conference
Format(s):
Medium: X
Sponsoring Org:
National Science Foundation
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1. The ability of an atmospheric aerosol to take up water or to participate in heterogeneous reactions is highly influenced by its phase state – solid, semi-solid, or liquid. These changes in phase state can be predicted by glass transition temperature (Tg), as particles at temperatures below their Tg will show solid properties, while increasing the temperature above their Tg will allow for semi-solid and eventually liquid properties. Historically, measurements of the Tg of bulk materials have been studied in order to model the phase states of aerosols in the atmosphere; however, these methods only permit an estimation of aerosol Tg based on their bulk chemical composition. Determining the Tg of individual particles will allow for more accurate model predictions of aerosol phase state. Herein, we apply a recently developed method utilizing a nano-thermal analysis (nanoTA) module coupled to an atomic force microscope (AFM), to determine the Tg of individual secondary organic aerosol (SOA) particles generated from the reactive uptake of isoprene epoxydiol (IEPOX) onto acidic ammonium sulfate aerosol particles. NanoTA works by using a specialized AFM probe which can be heated while in contact with a particle of interest. As the temperature increases, the probe deflection will first increase due to thermal expansion of the particle followed by a decrease at its melting temperature (Tm). The Tg of the particle can then be determined from Tm using the Boyer–Beaman rule. We compared the Tg of IEPOX-derived SOA particles generated at relative humidity (RH) of 30, 65, and 80%, and found that increasing RH from 30 to 80% led to a decrease in average Tg of 22 K, indicating less viscous particles at higher RH conditions. Our measurements with this technique will allow for more accurate representations of the phase state of aerosols in the atmosphere.
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2. The phase state of atmospheric aerosol particles – solid, semi-solid, or liquid – influences their ability to take up water and participate in heterogeneous chemical reactions. Changes in phase state have been predicted by glass transition temperature (Tg) and viscosity; however, direct measurements of these properties is challenging for sub-micron particles. Historically, bulk measurements have been used, but this does not account for particle-to-particle variation or the impacts of particle size. Melting temperature (Tm) is the most significant predictor of Tg, and the two properties can be related through the Boyer-Beaman rule. Herein, we apply a recently developed method utilizing a nano-thermal analysis (nanoTA) module coupled to an atomic force microscope (AFM), to determine the Tm of individual secondary organic aerosol (SOA) particles generated from the reactive uptake of isoprene-derived epoxydiols (IEPOX) onto acidic ammonium sulfate aerosol particles. NanoTA works by using a specialized AFM probe which can be heated while in contact with a particle of interest. As the temperature increases, the probe deflection will first increase due to thermal expansion of the particle followed by a decrease at its Tm. The direct measurements are compared with model predictions based on molecular composition from hydrophilic interaction liquid chromatography coupled to electrospray ionization high-resolution quadrupole time-of-flight mass spectrometry (HILIC/ESI-HR-QTOF-MS) analysis. We compared the Tm of the SOA particles formed from IEPOX uptake onto acidic ammonium sulfate particles created at 30, 65, and 80% relative humidity (RH), and found that increasing RH from 30 to 80% led to an overall decrease in average Tm, indicating less viscous particles at higher RH conditions. Our measurements with this technique will allow for more accurate representations of the phase state of aerosols in the atmosphere.
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3. Atmospheric aerosols are key contributors to cloud condensation nuclei (CCN) and ice nucleating particle (INP) formation, which can offset positive radiative forcing. Aerosol particles can undergo many cycles of droplet activation and subsequent drying before their removal from the atmosphere through dry or wet deposition. Cloud-aerosol-precipitation interactions are affected by cloud droplet or ice crystal formation, which is related to the physicochemical properties of aerosol particles. Isoprene-derived secondary organic aerosol (iSOA) is an abundant component aerosol and has been previously found in INPs and cloud water residues, and it includes both soluble and insoluble residues in its particle matrix. Currently, most of our understanding of iSOA is derived from studying the soluble residues, but there has been a measurement gap for characterizing the insoluble residues. These measurements are needed as previous research has suggested that insoluble components could be important with respect to CCN and INP formation. Herein, a unique approach is utilized to collect the insoluble residues of SOA in ~3 μm droplets collected from a Spot Sampler from Aerosol Devices, Inc. iSOA is generated by reactive uptake of IEPOX onto acidic seed particles (ammonium sulfate + sulfuric acid) in a humidified atmospheric chamber under dark conditions. Droplets are impacted directly on a substrate or in a liquid medium to study the roles of insoluble residues from both single-particle and bulk perspectives. A suite of microspectroscopy techniques, including Raman and optical photothermal infrared (O-PTIR) spectroscopy, are used to probe the chemical composition of the residues. Atomic force microscopy – photothermal infrared (AFM-PTIR) spectroscopy and Nanoparticle Tracking Analysis (NTA) are used to measure the size distributions of the residues. These insights may help understand the properties of residues from cloud droplet evaporation and subsequent cloud-aerosol-precipitation interactions in the atmosphere.
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4. null (Ed.)
Abstract. Atmospheric aerosols are a significant public health hazard and havesubstantial impacts on the climate. Secondary organic aerosols (SOAs) havebeen shown to phase separate into a highly viscous organic outer layersurrounding an aqueous core. This phase separation can decrease thepartitioning of semi-volatile and low-volatile species to the organic phaseand alter the extent of acid-catalyzed reactions in the aqueous core. A newalgorithm that can determine SOA phase separation based on their glasstransition temperature (Tg), oxygen to carbon (O:C) ratio and organic massto sulfate ratio, and meteorological conditions was implemented into theCommunity Multiscale Air Quality Modeling (CMAQ) system version 5.2.1 andwas used to simulate the conditions in the continental United States for thesummer of 2013. SOA formed at the ground/surface level was predicted to bephase separated with core–shell morphology, i.e., aqueous inorganic coresurrounded by organic coating 65.4 % of the time during the 2013 SouthernOxidant and Aerosol Study (SOAS) on average in the isoprene-rich southeasternUnited States. Our estimate is in proximity to the previously reported∼70 % in literature. The phase states of organic coatingsswitched between semi-solid and liquid states, depending on theenvironmental conditions. The semi-solid shell occurring with lower aerosolliquid water content (western United States and at higher altitudes) has aviscosity that was predicted to be 102–1012 Pa s, whichresulted in organic mass being decreased due to diffusion limitation.Organic aerosol was primarily liquid where aerosol liquid water was dominant(eastern United States and at the surface), with a viscosity <102 Pa s.Phase separation while in a liquid phase state, i.e.,liquid–liquid phase separation (LLPS), also reduces reactive uptake ratesrelative to homogeneous internally mixed liquid morphology but was lowerthan aerosols with a thick viscous organic shell. The sensitivity casesperformed with different phase-separation parameterization and dissolutionrate of isoprene epoxydiol (IEPOX) into the particle phase in CMAQ can havevarying impact on fine particulate matter (PM2.5) organic mass, interms of bias and error compared to field data collected during the 2013 SOAS.This highlights the need to better constrain the parameters thatgovern phase state and morphology of SOA, as well as expand mechanisticrepresentation of multiphase chemistry for non-IEPOX SOA formation in modelsaided by novel experimental insights.
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5. Isoprene has a strong effect on the oxidative capacity of the troposphere due to its abundance. Under low-NOx conditions, isoprene oxidizes to form isoprene-derived epoxydiols (IEPOX), contributing significantly to secondary organic aerosol (SOA) through heterogeneous reactions. In particular, organosulfates (OSs) can form from acid-driven reactive uptake of IEPOX onto preexisting particles followed by nucleophilic addition of inorganic sulfate, and they are an important component of SOA mass, primarily in submicron particles with long atmospheric lifetimes. Fundamental understanding of SOA and OS evolution in particles, including the formation of new compounds by oxidation as well as corresponding viscosity changes, is limited, particularly across relative humidity (RH) conditions above and below the deliquescence of typical sulfate aerosol particles. In a 2-m3 indoor chamber held at various RH values (30 – 80%), SOA was generated from reactive uptake of gas-phase IEPOX onto acidic ammonium sulfate aerosols (pH = 0.5 – 2.5) and then aged in an oxidation flow reactor (OFR) for 0 – 24 days of equivalent atmospheric ·OH exposure. We investigated the extent of inorganic sulfate conversion to organosulfate, formation of oligomers, single-particle physicochemical properties, such as viscosity and phase state, and oxidation kinetics. Chemical composition of particle-phase species, as well as aerosol morphological changes, are analyzed as a function of RH, oxidant exposure times, and particle acidity to better understand SOA and OS formation and destruction mechanisms in the ambient atmosphere.
more » « less | ESSENTIALAI-STEM |
Comcast's profit dips on NBC Universal deal costs - Business - US business - Earnings | NBC News
PHILADELPHIA Comcast Corp. reported an 8.6 percent drop in second-quarter earnings Wednesday partly because of costs related to its pending takeover of NBC Universal, yet it saw improvements in advertising and demand for pricier television services. The nation's largest cable TV provider is still hoping to win regulatory approval and close by year's end its deal to buy a controlling stake in the broadcaster from General Electric Co. Those costs aside, Comcast and other cable TV companies have been facing losses in basic television customers as the market matures and competition is fierce. The economy also took a toll: Fewer new homes built mean fewer people are moving and hence won't be needing to hook up cable TV. The high jobless rate also constrains consumer pocketbooks. (Msnbc.com is a joint venture between Microsoft and NBC Universal.) But Comcast found that demand for pay-per-view and pricier digital TV packages is improving. In the quarter, Comcast reported net income of $884 million, or 31 cents per share, down from $967 million, or 33 cents per share, a year earlier. Excluding a 2-cents-per-share cost related to NBC Universal and a 4-cents-per-share gain in the 2009 quarter from one-time tax benefits, Comcast would have earned 33 cents per share. Revenue rose by 6.1 percent to $9.53 billion from $9 billion. Analysts were expecting income of 32 cents per share on revenue of $9.3 billion, according to Thomson Reuters. Its shares rose 62 cents, or 3.2 percent, to $19.95 on pre-opening trading. Free cash flow, a key metric for capital-intensive industries such as cable, rose by 15.8 percent to $1.36 billion. Comcast, like many cable TV companies, continues to lose video customers. In the second quarter, which is seasonally slow because many people cancel their subscription in the summer months, Comcast lost 265,000 video subscribers to end the quarter with 23.2 million. That's greater than the loss of 214,000 in the same period last year. But among video customers, 394,000 signed up for the pricier digital cable service. That's higher than the 250,000 that signed up in the 2009 quarter. Growth in orders for digital cable and pay-per-view, rate increases, among others, offset the loss of video customers. Video revenue rose by nearly 1 percent to $4.9 billion. The average video customer paid $127.78 per month, up 8 percent. High-speed Internet customers climbed by 118,000, compared with the growth of 65,000 in the same period last year. The number of phone customers rose by 230,000, compared with 233,000 in the second quarter of 2009. Revenue for cable's broadband business rose 10 percent to $2.13 billion while phone revenue rose 14 percent to $916 million. Revenue for local ads shown on its cable channels grew 23 percent during the quarter, led by automotive, though all categories are up in double-digit percentages. Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Discussion comments Most active discussions Show discussion | NEWS-MULTISOURCE |
Wikipedia:Articles for deletion/Women's Rock Cup
The result was delete. Although many people wanted this kept on the grounds that this is a national competition, there is no basis for that rationale in policy. In fact, NSPORT has very little to say on competitions at all, even though it claims to be the relevant guideline for that. Two merge suggestions were made. Football in Gibraltar currently has nothing on women's football. If someone wants to undertake a merge, I will undelete on request and redirect to the chosen target. SpinningSpark 21:17, 25 October 2021 (UTC)
Women's Rock Cup
* – ( View AfD View log )
Doesn't meet with WP:GNG. || Orbit Wharf 💬 18:01, 14 October 2021 (UTC)
* Note: This discussion has been included in the list of Events-related deletion discussions. Shellwood (talk) 18:16, 14 October 2021 (UTC)
* Note: This discussion has been included in the list of Football-related deletion discussions. Shellwood (talk) 18:16, 14 October 2021 (UTC)
* Note: This discussion has been included in the list of Women-related deletion discussions. Spiderone (Talk to Spider) 20:11, 14 October 2021 (UTC)
* Note: This discussion has been included in the list of Europe-related deletion discussions. Spiderone (Talk to Spider) 20:11, 14 October 2021 (UTC)
* Note: This discussion has been included in WikiProject Football's list of association football-related deletions. Spiderone (Talk to Spider) 20:12, 14 October 2021 (UTC)
* Keep This is a recurring women's football tournament since 2013, cancelled twice due Covid. --Whiteguru (talk) 07:37, 15 October 2021 (UTC)
* Keep This is a top level national competition in a FIFA-affiliated nation. Number 5 7 08:47, 15 October 2021 (UTC)
* Keep per N57, national cup competition. GiantSnowman 08:58, 15 October 2021 (UTC)
* Delete fails GNG. All I could find was passing mentions and routine coverage. Dougal18 (talk) 09:26, 15 October 2021 (UTC)
* Delete Regardless of being a top level national competition. (And its Gibraltar) That's kind of a small community on that Island. I agree with the nomination that this clearly fails GNG. Also saying it's a top level competition is not clear grounds for keeping an article. GNG is pretty specific and the keep votes above currently have not provided any true evidence for keeping the article. Govvy (talk) 10:16, 15 October 2021 (UTC)
* Keep per others, a top level national competition. Women are under represented on Wikipedia and deleting this article does not help matters. NemesisAT (talk) 14:22, 5 October 2021 (UTC)
* Keep- per above. Maniik 🇮🇳Any Help🇮🇳? Contact Me. 14:27, 15 October 2021 (UTC)
* Keep It's considered as a one of top level national competition.Brayan ocaner (talk) 20:55, 15 October 2021 (UTC)
* Keep - we generally keep top level national competitions for both men and women. There is no appropriate merge location so I support keeping the article as the only way of retaining this important info. Spiderone (Talk to Spider) 13:02, 16 October 2021 (UTC)
* Keep. Definitely a national competition. No Great Shaker (talk) 06:00, 17 October 2021 (UTC)
* Delete. While the above opinions are certainly valid and I think ultimately this article *should* be kept, I haven't been able to find any WP:SIGCOV to justify my feelings. If someone is able to find sources to help this pass GNG, I'm more than happy to change my vote. GauchoDude (talk) 14:07, 19 October 2021 (UTC)
* If you think it should be kept, WP:IAR exists. NemesisAT (talk) 07:43, 22 October 2021 (UTC)
* IAR would require that keeping this improve the encyclopedia. Keeping an article which cannot currently meet our most basic content policies [i.e. WP:V] (by not being able to be sourced to independent reliable sources) does not "improve the encyclopedia". Whether this is a women's tournament, or whether there is a systemic bias on Wikipedia, are not good reasons to write something about it when all of the sourcing is dramatically poor; and instead it quite strongly stinks of WP:RGW, which is an even worse reason to keep this. RandomCanadian (talk / contribs) 14:34, 22 October 2021 (UTC)
* Keep per Number57 a national cup football competition.Pharaoh of the Wizards (talk) 18:27, 19 October 2021 (UTC)
* Comment The vast majority of keeps are simply asserting that "its important", but that's a strikingly poor argument if this actually fails GNG. RandomCanadian (talk / contribs) 03:13, 22 October 2021 (UTC)
* Delete, no sources, apparently a minor local sports event similar to the games of the Gibraltar Women's Football League (perhaps merge with that to a Women's Football in Gibraltar article?) —Kusma (talk) 12:42, 22 October 2021 (UTC)
* There was always one source, I've now added a further two. NemesisAT (talk) 12:51, 22 October 2021 (UTC)
* Any reliable sources? The first one is user-generated, the other two look like blogs (and the Spanish one appears defunct). If this is a major sports competition, it should be written about in major newspapers, nationally and in nearby countries. Otherwise, this just shows that "top level national competition" isn't actually an indicator of notability. —Kusma (talk) 13:12, 22 October 2021 (UTC)
* Merge/ Redirect to Gibraltar Women's Football League per WP:ATD. I could find zero significant coverage in reliable independent references. Fails WP:SIGCOV and WP:NSPORT. If this were in fact a major national competition there would be some coverage somewhere. There isn't. Given that the GWFL only has three to five teams at any given time during its history, it's not surprising that the cup doesn't get much coverage. I would like to remind the closer that AFD is WP:NOTAVOTE, and there isn't a strong policy based argument to keep the article at this time. A merge and redirect would probably be the best solution given the lack of sources but the desire to maintain coverage. This seems like the best compromise. 4meter4 (talk) 16:22, 24 October 2021 (UTC)
* Delete Permastub with 3 sentences, except for an yearly expanding list of champions which must necessarily be referenced to a database and not a secondary source with significant coverage. A search for sources brings up nothing of worth, so this fails WP:GNG. Nothing substantial in the article itself that deserves the bother of merging, either. Avilich (talk) 18:45, 24 October 2021 (UTC)
| WIKI |
Joy and the Boy
Joy and the Boy is an American musical duo consisting of singer-songwriter Joy Dragland and musician/producer Leo Sidran (son of Ben Sidran). Their first performance as a duo was in Madison, Wisconsin at a 2000 political rally at the Wisconsin State Capitol in front of 30,000 people. They released the album Paradise on Nardis Records in 2004 and its cover version of Marvin Gaye's "Let's Get It On" debuted in the Top 40 pop radio charts in Spain.
Discography
* Paradise (Nardis Records) (2004) | WIKI |
The Human Microbiome - Quiz
The human microbiome is the collection of microorganisms that include bacteria, protozoa, fungi, viruses and other one-celled organisms in and on the body. Human-microbe interactions play a crucial role in individual health. The microbes are both external on the skin, mouth, genitals and internal in the lungs and digestive organs. The microbiomes have many essential functions in the body – from helping digestion, to supporting the development of the immune system and preventing infections. Impressively there are also interactions between gut microbes and the brain which means we may be able to support mental health through changing the gut microbiome.
You probably knew already that tons of micro-organisms live in our bodies. But do you know the answer to these 5 questions?
Question 1
What is the human microbiome?
A
The collection of bacteria found on the surface of the skin
B
The population of viruses residing in the lungs
C
The ecosystem of microorganisms living in and on our bodies
Question 1 Explanation:
The human microbiome refers to the diverse community of microorganisms, including bacteria, viruses, fungi, and other microbes, that reside in and on our bodies. Current research estimates there are about as many microbial cells as human cells in and on a human body!
Question 2
What is one of many ways the human microbiome affects our health?
A
It has no impact on our overall well-being
B
It helps in digestion and nutrient absorption
C
It is responsible for regulating our body temperature
Question 2 Explanation:
The microbes in our gut play a crucial role in breaking down complex food components, producing certain vitamins, and aiding in the absorption of nutrients in our digestive system.
Question 3
What can disrupt the balance of the human microbiome?
A
Eating fermented foods
B
Regular exercise
C
Overuse of antibiotics
Question 3 Explanation:
While fermented foods and regular exercise can have positive effects on the microbiome, the overuse of antibiotics can disrupt the balance by killing both harmful and beneficial bacteria, potentially leading to imbalances and health issues.
Question 4
How can we support a healthy human microbiome?
A
Avoiding all types of bacteria and microorganisms
B
Consuming a diverse range of plant-based foods
C
Exclusively relying on processed and packaged foods
Question 4 Explanation:
A varied diet rich in fibre, fruits, vegetables, whole grains, and fermented foods can promote a healthy microbiome by providing the necessary nutrients for beneficial microbes to thrive.
Question 5
Can the human microbiome influence our mood and mental health?
A
No, the microbiome has no connection to mental well-being
B
Yes, imbalances in the microbiome can impact mood and mental health
C
Only certain types of bacteria in the gut affect mental health
Question 5 Explanation:
Research suggests that the gut-brain axis allows communication between the gut microbiota and the brain, potentially influencing mood, behaviour, and mental well-being.
Question 6
Which group of microorganisms is most predominant in our gut?
A
Bacteria
B
Fungi
C
Virus
Question 6 Explanation:
Bacteria are the most abundant and diverse group of microorganisms in the human gut microbiome.
Question 7
When were the first steps of microbiome research made?
A
1600’s
B
1700’s
C
1800’s
Question 7 Explanation:
The first steps of microbiome research can be traced back to the 1680s when Dutch scientist Antoni van Leeuwenhoek described 5 kinds of bacteria present in his own and other people's mouths with his handcrafted microscopes! A long way to go to our advanced technologies today.
Question 8
There are many different microbiomes in and on the human body. Do you recognise which of the following is fictional?
A
Skin microbiome
B
Oral microbiome
C
None of the above
Question 8 Explanation:
Microbes can be found all over the human body. Both the skin microbiome and oral microbiome are important microbiomes in the human body. The skin microbiome consists of diverse microorganisms that protect the skin and contribute to immune function. The oral microbiome plays a role in digestion, immune defence, and oral health.
Question 9
What part of the gut has the most microbes?
A
Stomach
B
Small intestine
C
Large intestine
Question 9 Explanation:
The large intestine, also known as the colon, harbours the highest concentration and diversity of microbes in the gut. This region provides a favourable environment for the growth and colonization of various beneficial bacteria that aid in digestion, fermentation of dietary fibres, and production of essential compounds like vitamins.
There are 9 questions to complete.
Try your luck in one of our other quizzes!
| ESSENTIALAI-STEM |
Data_Sheet_1_Novel Mechanism for Surface Layer Shedding and Regenerating in Bacteria Exposed to Metal-Contaminated Conditions.pdf
<p>Surface layers (S-layers) are components of the cell walls throughout the Bacteria and the Archaea that provide protection for microorganisms against diverse environmental stresses, including metal stress. We have previously characterized the process by which S-layers serve as a nucleation site for metal mineralization in an archaeon for which the S-layer represents the only cell wall component. Here, we test the hypothesis originally proposed in cyanobacteria that a “shedding” mechanism exists for replacing S-layers that have become mineral-encrusted, using Lysinibacillus sp. TchIII 20n38, metallotolerant gram-positive bacterium, as a model organism. We characterize for the first time a mechanism for resistance to metals through S-layer shedding and regeneration. S-layers nucleate the formation of Fe-mineral on the cell surface, depending on physiological state of the cells and metal exposure times, leading to the encrustation of the S-layer and changes in the cell morphology as observed by scanning electron microscopy. Using Nanoscale Secondary Ion Mass Spectrometry, we show that mineral-encrusted S-layers are shed by the bacterial cells after a period of latency (2 days under the conditions tested) in a heterogeneous fashion likely reflecting natural variations in metal stress resistance. The emerging cells regenerate new S-layers as part of their cell wall structure. Given the wide diversity of S-layer bearing prokaryotes, S-layer shedding may represent an important mechanism for microbial survival in metal-contaminated environments.</p> | ESSENTIALAI-STEM |
Autopkgtests HOWTO
Updated 328 Days AgoPublic
As a precusor to staging
First install the 'autopkgtests' package. Once installed, write a small script to set up the repositories. One way to do this is copy/pasting the code below and save it as /usr/share/autopkgtest/setup-commands/kstaging:
#!/bin/sh
apt-get -y install software-properties-common
add-apt-repository -sy ppa:kubuntu-ppa/staging-frameworks
add-apt-repository -sy ppa:kubuntu-ppa/staging-plasma
add-apt-repository -sy ppa:kubuntu-ppa/staging-kdeapplications
Once the script is saved, to set up the virtualization environment. In this example, I use LXD, on of the 'virtualization' backends for autopkgtests running. To set up the LXD container where the tests are going to be executed, run this command as root:
autopkgtest-build-lxd ubuntu-daily:cosmic/amd64
Once your container is created, you may run any staging autopkgtests by running this command as root:
autopkgtest akonadi-search --setup-commands=kstaging -U --apt-pocket=proposed -- lxd autopkgtest/ubuntu/cosmic/amd64
If you suspect the tests are going to fail, pass -s/--shell-fail to the above command, so it would be:
autopkgtest akonadi-search -s --setup-commands=kstaging -U --apt-pocket=proposed -- lxd autopkgtest/ubuntu/cosmic/amd64
That should open a shell into the LXD container where the tests are being executed.
Testing solutions to proposed failures
Summary
Included below is a complete, real world example to illustrate how autopkgtest's lxd backend can be used to test a solution to failures with packages in proposed due to a test failure. This can be run locally or on the cloud. No GUI required.
Introduction
As discussed in the documentation on proposed migration, autopkgtest is run against proposed packages. The results of those tests, including failures, can be found on the excuses status page. After finding a potential solution, the best next step is to recreate the test environment. This can be done with virtual machine as documented, but using a container is far more portable and less resource intensive. This was performed in a Kubuntu development container (I prefer the term "kontainer"). With one of those, you could even do this on a phone by sshing to it— how cool is that?
The problem
With that in mind, we found a failure in ktexteditor. Looking at the logs, we can see the whole testsuite begin at line 9717. At line 9846, it becomes clear that a test called katesyntaxtest has failed:
61/66 Test #61: katesyntaxtest ..........................***Failed 0.74 sec
Scrolling down a bit more to line 10098, we see that 14/16 steps to this test failed:
Totals: 2 passed, 14 failed, 0 skipped, 0 blacklisted, 676ms
Above this line are the details of the failure. You can see the two passed steps are the setup and cleanup ones. An example failure begins with a diff between the "reference" results (those defined in the testsuite) and the "current" results (the results of the test on the proposed package):
DIFF:
--- /tmp/autopkgtest.yuFMos/build.JG3/src/autotests/input/syntax/j/results/test.ijs.reference.html 2017-12-02 20:08:18.000000000 +0000
+++ /tmp/autopkgtest.yuFMos/build.JG3/src/autotests/input/syntax/j/results/test.ijs.current.html 2017-12-12 12:59:20.885249118 +0000
@@ -8,7 +8,7 @@
</head>
<!-- Highlighting: "J" -->
<body>
-<pre style='color:#31363b;background-color:#fcfcfc;'>
+<pre style='color:#232627;background-color:#fcfcfc;'>
Comment
<span style='color:#7f8c8d;'>NB. This is a single line comment, check regions overlapping priority: 1 2.3 +/ &. 'quoted text'</span>
<span style='color:#7f8c8d;'>NB.(</span>
FAIL! : KateSyntaxTest::testSyntaxHighlighting(/tmp/autopkgtest.yuFMos/build.JG3/src/autotests/input/syntax/j/test.ijs) Compared values are not the same
Actual (QString::fromLocal8Bit(out)): "--- /tmp/autopkgtest.yuFMos/build.JG3/src/autotests/input/syntax/j/results/test.ijs.reference.html\t2017-12-02 20:08:18.000000000 +0000\n+++ /tmp/autopkgtest.yuFMos/build.JG3/src/autotests/input/syntax/j/results/test.ijs.current.html\t2017-12-12"...
Expected (QString()) : ""
Loc: [/tmp/autopkgtest.yuFMos/build.JG3/src/autotests/src/katesyntaxtest.cpp(132)]
Looking at the fail being on KateSyntaxTest::testSyntaxHighlighting, we can presume this has to do with syntax highlighting. What's particularly interesting looking at the diff is that the only thing that seems to have changed is the color.
Finding the fix
So we swim upstream to KDE git and find a commit that looks remarkably like it will fix our tests:
diff --git a/autotests/input/syntax/j/results/test.ijs.reference.html b/autotests/input/syntax/j/results/test.ijs.reference.html
index 2954cd6..c766d44 100644
--- a/autotests/input/syntax/j/results/test.ijs.reference.html
+++ b/autotests/input/syntax/j/results/test.ijs.reference.html
@@ -8,7 +8,7 @@
</head>
<!-- Highlighting: "J" -->
<body>
-<pre style='color:#31363b;background-color:#fcfcfc;'>
+<pre style='color:#232627;background-color:#fcfcfc;'>
Comment
<span style='color:#7f8c8d;'>NB. This is a single line comment, check regions overlapping priority: 1 2.3 +/ &. 'quoted text'</span>
<span style='color:#7f8c8d;'>NB.(</span>
That said, now we need to test it out. First grab the patch, which you can do by copy/pasting the text or by clicking the "patch" button.
Collecting tools
Now we need to set up our test environment. To begin, we'll need some packages:
$ sudo apt update && sudo apt install autopkgtest lxd lxd-client
Next we'll need to set up lxd, just accepting defaults (though we had better luck with the dir storage pool than the default (note this is the response from lxd 2.20-0ubuntu4 running on bionic; YMMV otherwise):
$ sudo lxd init
Do you want to configure a new storage pool (yes/no) [default=yes]?
Name of the new storage pool [default=default]:
Name of the storage backend to use (dir, lvm, btrfs) [default=btrfs]: dir
Would you like LXD to be available over the network (yes/no) [default=no]?
Would you like stale cached images to be updated automatically (yes/no) [default=yes]?
Would you like to create a new network bridge (yes/no) [default=yes]?
What should the new bridge be called [default=lxdbr0]?
What IPv4 address should be used (CIDR subnet notation, “auto” or “none”) [default=auto]?
What IPv6 address should be used (CIDR subnet notation, “auto” or “none”) [default=auto]?
Next, we'll need to prepare our testing container:
$ autopkgtest-build-lxd images:ubuntu/bionic/amd64
If you have apt-cacher-ng set up, as our kontainer does, you'll likely run into strange errors. You can fix this fairly easily by using your container's IP address, the port the cacher is running on (3128 by default), and setting it to be the proxy for http:
$ export LXD_ADDRESS=$(ip -4 -o address show dev lxdbr0 | awk -F'[ /]*' '{print $4}')
$ lxc profile set default environment.http_proxy "http://$LXD_ADDRESS:3128"
Putting it all together
We should probably first confirm our results match the test results from the official Canonical machinery, you can just go ahead and run a test:
$ autopkgtest ktexteditor --apt-pocket=proposed --apt-upgrade --build-parallel=4 -- lxd autopkgtest/ubuntu/bionic/amd64
As you could tell in that log above, this is going to go on for quite a while setting up the test bed. Eventually you'll get to the test. Sudo make me a sandwich while you wait. Having got the results we expect back, now we can work on implementing our fix.
Assuming you have the Kubuntu Automation tooling, let's get a copy of our repo. For the purposes of illustration, we'll assume this is all done in ~/autopkgtests:
$ git-clone-all -s ktexteditor -b kubuntu_bionic_archive
Now let's import our patch. It's important that you're in the same level as the debian folder for this to work right. In our example, the patch is within the ~/autopkgtests/ktexteditor folder and we gave it a nice name:
$ cd ktexteditor/git/
$ quilt import ../fix_syntax_hilite_test.patch
Now we need to build our source package, as if we were preparing it for upload to a PPA (note that as is, this requires a GPG key):
$ gbp-ppa -b kubuntu_bionic_archive
This will create a source package as described in a .dsc file in ../build-area. Now we can use that to rerun our test:
$ autopkgtest../build-area/ktexteditor_5.41.0-0ubuntu1~ubuntu18.04~ppa2.dsc ktexteditor --apt-pocket=proposed --apt-upgrade --build-parallel=4 -- lxd autopkgtest/ubuntu/bionic/amd64
And success! Well now we need to get it put in a PPA and get a sponsor to upload it and we're set!
Last Author
joselema
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JavaScript stack size
Finding the size of the memory allocated for the stack.
Variables in JavaScript (and most other programming languages) are stored in two places: stack and heap. A stack is usually a continuous region of memory allocating local context for each executing function. Heap is a much larger region storing everything allocated dynamically. This separation is useful to make the execution safer from corruption (stack is more protected) and faster (no need for dynamic garbage collection of the stack frames, fast new frame allocation).
A typical stack example
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function foo() { var a = 1; }
function bar() { var b = 2; foo(); }
bar();
stack when the execution is paused inside foo
start of the stack
---------------------------
bar local frame
* a couple of OS pointers
* local variable b (2)
* place for returned value
* pointer to next frame
---------------------------
foo local frame
* a couple of OS pointers
* local variable a (1)
* place for returned value
Even if a function calls itself recursively, each frame has its own copy of all local variables.
When a function finishes execution, its frame is removed from the stack, freeing memory allocated by all local variables. This is why even in languages like C or C++ you never have to worry about freeing local variables.
Stack size
We can try calculating size of the stack. If a recursive function allocates too many frames on the stack, the JavaScript environment throws an exception [RangeError: Maximum call stack size exceeded]. Under Node 0.11.10 x64 the following recursive program can report how many times a small function executes before dying
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var counter = 0;
try {
function foo() {
counter += 1;
foo();
}
foo();
} catch(e) {
console.error(e);
console.log('counter =', counter);
}
// output
[RangeError: Maximum call stack size exceeded]
counter = 20961
Lets increase the size of each frame by having a single local variable
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var counter = 0;
try {
function foo() {
var local = 1;
counter += 1;
foo();
}
foo();
} catch(e) {
console.error(e);
console.log('counter =', counter);
}
// output
[RangeError: Maximum call stack size exceeded]
counter = 17967
A number in JavaScript takes up 8 bytes, this allows us to calculate the maximum stack size and the size of each frame
N - size of single stack frame
20961 * N = 17967 * (N + 8)
(20961 - 17967) * N = 17967 * 8
2994 * N = 143736
N = 143736 / 2994 = 48 bytes = 6 numbers
Total stack size = 20961 * 48 = 1006128 < 1MB
Without any local variables, each function call takes up 48 bytes during the execution, and you are limited to less than 1MB for all local function frames.
We can confirm the stack size by adding second local variable
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var counter = 0;
try {
function foo() {
var local = 1, local2 = true;
counter += 1;
foo();
}
foo();
} catch(e) {
console.error(e);
console.log('counter =', counter);
}
// output
[RangeError: Maximum call stack size exceeded]
counter = 15721
Using the previous total stack size and dividing by the counter
1006128 / 15721 = 64 bytes per frame
64 = 48 + 8 (for local) + 8 (for local2)
Each boolean and number variable takes 8 bytes of memory.
Heap variables
Only primitive types passed by value (Number, Boolean, references to objecs) are stored on the stack. Everything else is allocated dynamically from the shared pool of memory called heap. In JavaScript you do not have to worry about deallocating objects inside the heap, the garbage collector frees them whenever no one is referencing them. Of course, creating large number of objects takes its performance toll (someone needs to keep all the bookkeeping) plus memory fragmentation.
You can see that objects are not allocated on the stack by changing the type of the local variable from a number to an object
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var counter = 0;
try {
function foo() {
var local = {
foo: 'foo'
};
counter += 1;
foo();
}
foo();
} catch(e) {
console.error(e);
console.log('counter =', counter);
}
// output
[RangeError: Maximum call stack size exceeded]
counter = 17967
Notice that having a local object {foo: 'foo'} has not affected the number of frames on the stack before we ran out of space. This is because only the local variable is stored in each frame pointing at objects allocated on the heap. Same for functions, dates, arrays and other objects passed by reference, including strings. | ESSENTIALAI-STEM |
User:AngeloMRamos/sandbox
Language Planning and Filipino Why Filipino Is "Filipino"?
it is only the name of the National Language that has been changed and called "Filipino." The citizen and the culture remain "Filipino." One continues badgering: Who ordered such continued use of "Pilipino"? One will be unable to point to anyone in particular. It had been broadcast like gossip or rumor, likely an opinion coming from this or that professor of thierʻs at University of the Philippines or Philippine Normal University or De La Salle University and which they treated as the great and lawful truth.
The said state of affairs provide the reason why I also called the story of "Filipino" is more a product of personal opinion, or personal opinion that has prevailed or been made to prevail as if it were a Supreme Court rendering, and often improbable when scrutinized according to how the National Language has historically turned out. Which, as it intends it to mean, is that up to now there is no written history of "Filipino--even if there actually is--despite what is being taught as "linguistic history" in colleges and universities.
The said state of affairs may likewise be considered as the reason for the continued and unruly opposition to the propagation of the "Filipino" language, and the lack of energy and effort towards the higher objectives of national language planning. It is in any document on language that has been released for use by teachers of "Filipino." Neither has it been heard of any discussion regarding the educational and linguistic objectives of the said definition. And even more so, it has never been heard of it being used in order to show the difference of "Filipino" from Pilipino or from Tagalog, and why it must be regarded as the National Language.
Up to now, the National Language is called "Filipino" because it is the provision of the 1987 Constitution. Even the supposed exponents of language, especially the teachers, are unable to understand the qualities and conditions outlined by Resolution No. 13-39 for "Filipino" to be considered the National Language. Up to now, many call it "Pilipino" apart from the fact that many hope and believe that it is "Pilipino" in form and content. That is why up to now, the enemies of the National Language, like the Defenders of indigenous Languages of the Archipelago (DILA), insist on principle that "Filipino" has been changed to conceal its being Tagalog.
How can teachers and exponents of language explain or elucidate "Filipino" as the National Language if they have not comprehended the qualities and conditions outlined under Resolution No. 13-39? How can they defend "Filipino" against the ignorance being merchandised by the opponents of the National Language? And thus it is the teachers and exponents of the National Language who should in all necessity peruse and examine the following "myth." Let us begin.
LANGUAGE NATIONALISM
The unified decision arrived at in the 1934 Constitutional Convention to choose a native language to become a basis for the National Language is a product of nationalist and counter-colonialist advocacies. This was still noticeable in the sentiments of nationalist political leaders despite the failure of the Revolution of 1896 and despite the successful colonization under the United States. Believe it or not, helping this along was the opinion itself of American educators and politicians which said: one, that it was not practical and it was expensive to impose the use of English as the national language of education in their colony; second, that their democratic and egalitarian ideals demanded that it be so under their proclaimed policy of "Filipinization." Still, however it must reserve the admiration for the nationalist caliber of the likes of Felipe R. Jose, Wenceslao Q. Vinzons, Norberto L. Romualdez, Tomas Confesor, and other convention delegates who voted to reject the hoped-for proclamation of either Spanish or English as national language If they were muscled or bribed into such position by President Manuel L. Quezon is no longer important. Their initial role in pushing for a native language becoming the National Language is more important.
It must also remembered, however, that the delegated to the 1934 Constitutional Convention could not agree on what native language was to be declared the national language. Right at the first discussions, or through Felipe R. Joseʻs formal address on 13 August 1934, Tagalog had been the seeded candidate among the native languages. But this was opposed by the delegates who wanted their own languages to be proclaimed. The Tagalistasʻ primary opponents were the delegates pushing for Sebwano and Ilokano. These delegates split the ranks of language nationalism in 1934, once again in 1972, and up to the present, and are even more so behind the federalist proposition for national politics.
This opposition to Tagalog as national language has since been suspected as the result of extreme regionalism. It could be. It might also be considered as an underhanded maneuver for English. Groups such as DILA continue to oppose "Filipino"--especially through the campaign saying that "Filipino" is killing the native language. They are prepared to eschew all reason why Tagalog is worthy as basis for the National Language and they will close their eyes to the successes of Pilipino/Tagalog as the national language of communication and education because they dream more of expertise in English if it is not true that they consider English more as their own language. Right now they even posture as earnest promoters of MTB-MLE while exerting a lot of effort to strengthen English as the teaching language from elementary onwards and to take away the native languages from under the charge of the KWF. The wealthy and educated, meanwhile, take up the cudgels on their behalf while waving the flag of "globalization" in order to suppress any nationalist policy, especially the likes of "Filipino" as the National Language.
References:
Almario, V. S. (2015) Language Planning and Filipino, Komisyon Sa Wikang Filipino
Kilates, M. L. (2015) Language Planning and Filipino, Commission on Filipino Language | WIKI |
Page:History of Manchester (1771), Volume 1, by John Whitaker.djvu/271
«4C» THE HISIT.OUT' Boqkt » ■ i i .«. C H A P. VIII* L . I • • WHEN the Romans had feen their little vilhge of hurdles when they began to extend her dominions into the territories of the neighbouring powers, they did not model their new conquefts as th^y had previously modelled their old. They militated a new platform of polity for them,, and they dHtinguiflied them by a new denomination- They now divided them into diftrids, they now gave them thp appellation of provinces, and they now fubjeQed them to pnetor* and quaeftors. The ifland of Sicily was the firft <?onqueft of the Romans beyond the barriers of Italy, and was therefore the firft of all their provinces, and re- ceived die firft model of their provincial regimen. And every other of the Roman provinces was governed by its own praetor and its own quatfton The .former wad appointed by the people or the emperor* and the latter was nominated by. the praetor's authority only. The former wa$ charged with the whole ad- miniftration of the government, and the latter was deputed to manage the finances under him And this muft have been equally the conduit of the Romans within our own ifland par- ticularly. The conquered regions of Britain were divided into fix provinces, and were governed by fix praetors and fix quae- ftors. Each province formed a diftind government of itfelf, and each was governed by a diftinft praetor and quaeftor. But they all acknowledged one head within the ifland, and were all fubjeft to the one authority of the proconful the legate or the vtear of Britain For
* nd clay become the magnificent metropolis of Italy, and | WIKI |
Oak Tree Falls in Portugal During Ceremony, Killing 13
A 200-year-old tree crashed to the ground in Portugal on Tuesday, killing 13 people and injuring 49 others who had gathered near the towering oak for a religious celebration. At least six of the wounded were seriously hurt when the tree fell near the city of Funchal, according to government officials. There were at least four foreigners of various European nationalities among the injured, the officials said; at least one of the deceased victims was a child. Local authorities said it was not clear what had caused the tree to collapse. “The tree was never earmarked as being in danger of falling,” Mayor Paulo Cafôfo of Funchal told reporters at a news conference. The oak tree toppled around noon local time, striking people who had gathered for the religious festival on the Roman Catholic Feast of the Assumption. A grainy video recording of the accident posted online appears to show the tree thudding on the ground as hymnal music plays in the background. Many people initially run screaming from the scene, but some eventually regroup around the area where the tree fell. One photograph from the scene showed people gathered around a person lying flat on the ground. Other images showed emergency personnel taking a victim away on a stretcher and shrouding someone or something with white linens. “There was a big panic,” a witness, Domingos Perestrelo, told a local television station, according to a report by the Agence France-Presse news agency. “It happened in the middle of mass, around a half-hour before the start of the procession. There were a lot of people there.” “It was terrible,” another witness, Xavier Nunes, told the television station, according to Reuters. “It was so sudden.” Prime Minister António Costa of Portugal expressed his “condolences for the victims” and their families in a message on Twitter and promised to help local government officials with recovery efforts. In a statement on his website, President Marcelo Rebelo de Sousa of Portugal said he would travel to Funchal, the capital of the country’s Madeira islands, to learn more about what had happened and offer “a word of encouragement and comfort” to those who lost loved ones. Miguel Albuquerque, a regional government official, declared that there would be three days of mourning for the victims, according to The Associated Press. | NEWS-MULTISOURCE |
Imagine you’re Caesar Augustus, Julius Caesar’s heir. You’re in ancient Rome and yes, you’re wearing one of those leather-clad gladiator skirts. Ruling an empire has been glamorized through 21st century blockbuster films, but you - being Caesar Augustus - know that the quality of life for most people can actually be quite dismal. So, you decide to turn towards an unlikely ally in keeping your citizens happy and healthy: statistical analysis. Read this guide to find out why!
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Let's go
Statistics in a Nutshell
The majority of people today understand the basics of data analysis and statistical methods but aren’t normally held privy to just how impactful statistical inference has been in shaping the world around us. While modern fields like biostatistics and machine learning do a lot in turning statistical data into products and services that make our lives easier, statisticians have been around since, well, before Rome. Caesar Augustus executed a decree to conduct the first-ever census of Rome, where officials would make use of the categorical and numerical, demographical data to make better decisions on policy, health and commerce. Fast-forwarding centuries later, after the invention of Bayesian statistics, the work of the statistician is to describe data and make inferential decisions based on a sample size. Expanding from more than simply collecting demographical and registry data, statistics has evolved to provide important indicators on agriculture, the economy and more.
How to Analyse Data Like a Statistician
Now that you understand a bit about the origins of mathematical statistics, it can be worth exploring the way probability and statistics is structured. Whether you need help collecting sample data or simply want to know more about the normal distribution, troubleshoot any question by recalling the two major divisions within the discipline: inferential and descriptive statistics.
Descriptive Statistics
The most common forms of statistical analyses take the form of descriptive statistics. Also known as exploratory analysis, descriptive strive to both analyse the content of and display either quantitative data or qualitative data. Every study design includes at least a preliminary exploratory analysis using descriptive statistics before constructing a confidence interval or running a linear regression. The measures included in this branch include measures of central tendency, which include aspects like the sample mean, median and mode. Alongside these indicators are measures of spread, such as the variances, covariance, and standard deviation of raw data.
Inferential Statistics
The other branch of statistics uses probability theory and the notion of a probability distribution in order to test a hull hypothesis against an alternative hypothesis through parametric and non-parametric models, including general linear or regression models. Using assumptions such as the Gauss-Markov assumptions for classical linear regression, you can conduct a multivariate analysis to draw estimators for both an independent variable and dependent variables. All this to say inferential statistics is, in a nutshell, fitting a model to a set of data in order to make predictions for values outside that data set.
statistical computation
Statistics measures are diverse and can fall under both inferential and descriptive statistics
Advice for Learning Statistics
Whether you’re learning about a binomial distribution, how to correctly interpret effect size or need help creating an awesome data visualization, there are plenty of online resources for every skill level of statistician. Now that you’re familiar with the basics of statistics and have untangled some of the many different paths you can take when analysing data, you’ll need some tools to help you accomplish things like perfecting your experimental design and statistical methodology or understand how to run a regression analysis using statistical software. Whether you’re a seasoned mathematician or are curious to learn more about the world of data scientists, here are some of the best resources for understanding the world of data and statistical theory by theme.
Statistical Models and Programming
Because the field of statistics is so broad, you will typically find software or issue-specific websites when trying to trouble-shoot any conceptual or technical statistics issues you might be having. For this reason, finding a website that houses content covering broad swaths of information, from constructing confidence intervals to machine learning, can be especially helpful if you’re looking for efficiency. Here are some recommendations!
Eurostat’s Statistics Explained
Okay, so starting with something related to a European Union database is quite tricky when dealing with the UK, seeing as it’s not only the UK’s data that’s being held in a limbo state with regards to official statistics but also the jobs of UK-related official statisticians. Acknowledging that this issue deserves full-length explanations in its own right, and does have many, we can move on and examine Eurostat’s Statistics Explained page. Think of it as the Wikipedia of official statistics, where Eurostat not only provides insight into how to calculate various indicators such as consumer prices but also gives examples using the EU’s data. The topics you can discover and gather data from range from sustainability development goals to sports and tourism. Whether you’re looking for categorical data or numerical data for your next research project or want to find graphics to use in a newspaper article, you’ll find everything you need here.
Towards Data Science
If you’re looking for less euro-centric data, head over to TDS to find more technical explanations on subjects like statistical significance, analysis of variance (ANOVA) and more. The website is organized into six different subjects related to inferential statistics covering data science, machine learning, programming, AI, visualization and journalism. This resource is perfect for both students and professionals who either want to learn more about specific topics or are looking for examples on how to execute specific tasks. For example, students might be more interested in explanations on chi-square tables or how to correctly differentiate between outliers and influentials within a data set. Professionals, on the other hand, might be more interested in learning about how to improve their data visualizations by using different Python libraries such as Pandas or Matplotlib.
Stackoverflow
Whether you’re stuck on a specific bit of code related to running a regular, least squares regression model or are having trouble with excel commands, this is the best place to go for answers by real people. Designed as a public forum for developers, you’ll be able to search through over 16 million questions related to coding issues in a range of different software.
Stack Exchange
Similar to Stackoverflow, Stack Exchange is a forum where anybody can answer or ask a question in various different topics. The difference, however, is that Stack exchange has a website specific to statistics called Cross Validated. Here, you’ll be able to unpack more mathematical and conceptual questions related to statistical data analysis and statistical techniques. From how to analyse ordinal data to how to correctly interpret a correlation coefficient, someone’s most likely had your question before - and answered it.
statistical systems
Get help with statistics problems online for free!
Issue Specific Resources
Whether you want to run a parametric model to find an estimator or want to learn how to wield software to run tests on observational data, you’ll find plenty of resources that explain a specific issue thoroughly. This can mean that you’re either looking for a website dedicated to helping you build knowledge of a specific software, such as Tableau, or one that enables you to understand a specific topic in more depths, such as randomization in clinical trials. Here are some of the most popular sites to explore.
Data Visualization
If you’re looking for data visualization help, chances are you’re probably either looking for a comparison between the different types of visualization tools out there or you need help using a specific software. In the latter case, you should check out StackOverflow or StackExchange, where you’ll be able to search for solutions to your visualization question for languages like R, Python, C and more. If you’re looking for different comparisons between software based on your skill level, ranging from non-techie to advanced programmer, here are some data visualization tools you should check out:
• Datawrapper - for people looking to make a wide range of visualizations without needing to know how to program
• Tableau Public - tableau is for those with a little more experience looking to make highly customisable graphs, charts, maps and more. While some of tableau’s features are price-locked, this version should be enough for non-commercial uses. Students can download a more robust version for free for one year!
• Polymaps - those looking to implement interactive maps in a web browser, this site hosts a library of JavaScript code for different types of maps
• D3js - another JavaScript library for those looking to make an array of different data visualizations
TutorialsPoint
Whether you’re looking for help in big data and analytics, computer science, engineering and more, this online tutorial site is a great resource to check out. Not only will you be able to get help regarding languages, but also in topics such as AI or agile software development.
Statistics Tutoring
If you’re better at one-one-one tutoring, check out Superprof’s community of over 140,000 maths tutors for everything related to random variables, inferences and more!
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Jess | ESSENTIALAI-STEM |
Talk:Oregon Hill
PoV
im from oregon hill and what said is totally un true and it is a shame that people try to hold us to racism, that was the past. so befor you try to jusdge learn and come see oregon hill for your self
* I removed the part of the article you were referring to. It was POV and original research, neither of which are appropriate for a Wikipedia article. Lachatdelarue (talk) 19:44, 23 September 2005 (UTC)
Map?
Could someone add a map of Oregon Hill for those of us unfamilair with its location? Thanks, Hu Gadarn 04:31, 10 June 2006 (UTC)
* I'll see if I can find something appropriate. I am actually thinking about working with a large map and creating a "boundries" type of map for the Richmond Neighborhoods page. If I get around to doing this, I'll go around to all of the neighborhoods and add respective maps to all of their individual pages. --Sometimes 22:53, 11 June 2006 (UTC)
Self-serving restaurant reviews
By the way, thanks for keeping the self-serving restaurant reviews out of Wikipedia. If folks wants to comment on such establishments there are other places (online) to do this. Thanks again, Hu Gadarn 04:36, 10 June 2006 (UTC)
* No problem. I actually liked the establishments mentioned, but they don't belong here. --Sometimes 22:50, 11 June 2006 (UTC)
~SELF SERVING~ I remember Carter's Store, which sold penny candy. Padow's was there and Texas...not to mention the Chuck Wagon. People had lives here. Families. Maybe not the middle class life most dreamed of, that's because the REAL middle class life-HARD WORKING-was on Oregon Hill(what some might say is socialism) was minus the capitalism. It WAS hard working families. It WAS unlocked front doors. It WAS your Mama knowing what you did, before you knew. It WAS a place I wish I could provide for my children. I can NOT think of another place, and I have been around the world, to equal the amount of security I got from living there. Where I could let my child walk down the street and get an ice cream, and not think "who might grab her?" You will never see another place like it.People fought for years to keep out VCU. GO NORTH VCU was seen on many bumper stickers. If you think that your ignorant thoughts(and thats all they were since you had nothing to do with OH)warranted the destruction of this way of life which hurt noone but the jerks who thought they could tread on someones land with their heads held high..somehow even in their rumps..then you are wrong...but...like the ignorance you thought so many had on the Hill had...you have it now, and a note from Micheal Moore. Only difference is...nobody on Oregon Hill would've told you they knew more about how to NOT be ignorant. +1 for OH.
Vandalism
I just removed some stupid stuff from this page. I know a little about Oregon Hill, but not enough to give a good history on it. The one thing I do know is that someone was just putting junk into this article.
Yeah- vandalism renewed by you! Don't know but a little...but hey! You have an opinion on things... — Preceding unsigned comment added by <IP_ADDRESS> (talk) 06:53, 14 July 2011 (UTC)
State Prison
Oregon Hill earned its work class/ white trash reputation especially in the early 1980s when the state prison across the street began executing prisoners again. The late 1970s had been a time of quiet on the Hill as the supreme court required all death row prisoners to be commuted to life sentence prisoners or re-tried under new rules. In the early 1980s, the first of the condemned prisoners under the new system came up for execution. Television crews began covering protests in opposition to execution outside the prison, which is directly across the street from Oregon Hill. Residents of the Hill "organized" and began holding their own counter-protests for the television crews, featuring Confederate Battle flags and various drunken shout-outs that no one could actually confirm as English, but we got the idea generally. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 23:34, 27 September 2010 (UTC) | WIKI |
Nubian woodpecker
The Nubian woodpecker (Campethera nubica) is a species of bird in the family Picidae. It is distributed widely in Central and Eastern Africa, from Chad in west to Somalia in east and Tanzania in south. It is a fairly common species with a wide range, the population seems stable, and the International Union for Conservation of Nature has rated its conservation status as being of "least concern".
Taxonomy
The Nubian woodpecker was described by the French polymath Georges-Louis Leclerc, Comte de Buffon in 1780 in his Histoire Naturelle des Oiseaux from a specimen collected in Nubia. The bird was also illustrated in a hand-coloured plate engraved by François-Nicolas Martinet in the Planches Enluminées D'Histoire Naturelle which was produced under the supervision of Edme-Louis Daubenton to accompany Buffon's text. Neither the plate caption nor Buffon's description included a scientific name but in 1783 the Dutch naturalist Pieter Boddaert coined the binomial name Picus nubicus in his catalogue of the Planches Enluminées. The Nubian woodpecker is now placed in the genus Campethera that was introduced by the English zoologist George Robert Gray in 1841. The generic name combines the Ancient Greek kampē meaning "caterpillar" and -thēras meaning "hunter".
Two subspecies are recognised:
* C. n. nubica (Boddaert, 1783) – Sudan and Ethiopia to northeast Democratic Republic of the Congo, southwest Tanzania and Kenya
* C. n. pallida (Sharpe, 1902) – south Somalia and coastal Kenya
Description
The Nubian woodpecker Is a medium-sized species growing to a length of about 21 cm. The male has a red crown and nape and a reddish streak on the cheek, while the female has a black crown speckled with white, a red nape, and a dark cheek stripe with white speckling. In other respects, the sexes are similar. The upper parts are olive-brown with much cream speckling and barring. The wings are greenish-brown barred with white and the tail greenish-yellow barred with brown, the shafts of the feathers being gold. The throat is cream and the head, neck, breast and belly are white, spotted and barred with black. The beak is grey with a dark tip, the eye red or pink, the orbital ring grey and the feet olive or grey. Various vocalisations are made, shrill ringing or piping notes repeated, often musical but sometimes metallic. Often sung in duet.
Distribution and habitat
The Nubian woodpecker is endemic to eastern Africa. Its range includes Chad, Democratic Republic of the Congo, Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, Tanzania and Uganda. Its typical habitat is open savannah woodland, especially with Acacia and Euphorbia, bushy areas and scrub. It is a non-migratory bird, and is found at altitudes up to 2000 m.
Behaviour and ecology
The Nubian woodpecker often feeds alone, keeping in touch with its mate vocally. It forages mostly in trees, but also on the ground, for ants and termites, also consuming spiders and beetles. | WIKI |
The Right to Love (1930 American film)
The Right to Love is a 1930 American pre-Code drama film which was nominated at the 4th Academy Awards for Best Cinematography (for Charles Lang). It was based on Susan Glaspell's 1928 novel Brook Evans.
Premise
A woman learns she is illegitimate.
Cast
* Ruth Chatterton as Brooks Evans/Naomi Kellogg
* Paul Lukas as Eric
* David Manners as Joe Copeland
* Irving Pichel as Caleb Evans
* Louise Mackintosh as Mrs. Copeland
* Oscar Apfel as William Kellogg
* Veda Buckland as Mrs. Kellogg
* Robert Parrish as Willie
* Lillian West as Martha
* George C. Pearce as Dr. Scudder (credited as George Pearce) | WIKI |
Potential GOP challenger: Trump 'showed contempt for the American people'
Washington (CNN)A potential GOP primary challenger to President Donald Trump explained further on Monday why he was stepping in and why he was concerned about Trump's leadership. Referring in an interview with CNN's Alisyn Camerota on "New Day" to Trump's 2017 Oval Office meeting with Russian Foreign Minister Sergey Lavrov and then-Ambassador Sergey Kislyak, former Massachusetts GOP Gov. Bill Weld said, "That showed contempt for the American people if anything I've ever seen does." Weld cited the moment as one that stuck out in his mind as he gears up to mount a long-shot primary bid to challenge Trump for the Republican presidential nomination after announcing an exploratory committee last Friday. Weld said the response to his announcement had been "for everybody to close ranks among the state Republican parties" and limit the ability for a Republican to challenge Trump, and he argued his path forward would have to include persuading independent voters to step into GOP primaries to side with him over Trump. "There's a very conservative group, not my base for sure," Weld said. "There are 20 primaries where independents and un-enrolled voters can come in and vote in the Republican primary. Those will have my attention." Weld was on the ballot in 2016 as the Libertarian Party's vice presidential nominee. He was a regular critic of Trump on the campaign trail as he promoted his third party effort led by Libertarian presidential nominee Gary Johnson. At the time, the former Republican governor pledged lifelong loyalty to the third party, telling them he would "stay with the Libertarian Party for life." Asked on Monday why he was not opting to stay with the Libertarians this cycle, Weld said he wanted to make a direct challenge to Trump. "I thought about the Libertarian Party again, but I decided I really wanted to go mano a mano with Mr. Trump," Weld said. | NEWS-MULTISOURCE |
Portal:Bible/Featured chapter/Isaiah 9
Isaiah 9 I went unto the prophetess; and she conceived, and bare a son. Then said THVH to me, Call his name Maher-shalal-hash-baz.
People: Lord יהוה YHVH of Hosts - Tribe of Ephraim - Rezin - Syrians - Philistines - Tribe of Manasseh
Places: Land of Zebulun - Land of Naphtali - Jordan River - Galilee - Israel - Samaria
Related Articles: Midian - Messiah - Kingship and kingdom of God - David - Jacob - Divine retribution
English Text: American Standard - Douay-Rheims - Wikisource - King James - Jewish Publication Society - World English - Wycliffe | WIKI |
I am trying to survive this season of fear as I did another one, the summer of 1951, when I contracted polio. But how long can you live on the knife edge of unknowing?
Learning How to Love From Afar
One afternoon in early February, a gazillion memories ago, I put a few things on the curb the day before trash pickup, in accord with my neighborhood’s ongoing swap meet. By the next morning the mail carrier had carted off the fireplace irons; someone else took the French coffee press. But my old kitchen wall clock went unclaimed. I propped it against a tree, a forlorn Dali melting into the rough winter earth. Its hands had been stuck at 7:00 for years. | NEWS-MULTISOURCE |
Common subcommands and option switches for key management
Common subcommands and option switches for FoD activation key management are listed in the following table.
Syntax
DSA fod<subcommand> [options]
Table 1. Common subcommands and options for key management
Subcommand Command-line option (case sensitive) Argument Description
display_available_fod: This subcommand is used to get and display the available FoD key(s) for a key repository (IMM, CMM, or IOM switch). The available FoD key(s) information can be got only if Internet is available. --help None Output subcommand display_available_fod usage help screen to stdout.
--device device This option is used to specify the target key repository for the supported devices: IMM, CMM, and Switch.
--ibmid
userid:
password
This option is used to specify the credential KMS ID for the interactive authorization by Lenovo Web site.
--host
userid:password
@hostip:[port]
This option is used for the device interface connection to the remote key repository. The default is the local IMM device. The default port is 5989.
--mt machinetype This option is used for the machine type of device (IMM, CMM, Switch).
download_fod_key: This subcommand is used to acquire and download the activation key from a Lenovo Web site(KMS). --help None Output subcommand download_fod_key usage help screen to stdout.
--ibmid
userid:
password
This option is used to specify the KMS ID credential for the interactive authorization by Lenovo Web site.
--uid unique_id This option is the unique identifier information of FoD feature.
--authcode [code] This option is used to specify IBM authorization code and is optional. Once this switch is used, a key generation will be performed by KMS.
--mt machinetype This option is used to specify the machine type of target device (IMM, CMM, Switch).
install_fod_key: This subcommand is used to install activation key(s) from user specified location (such as removable media) to the key repository. --help None Output subcommand install_fod_key help screen to stdout.
--keyfile keyfile This option is used to specify a single activation key file.
--device device This option is used to specify the target key repository. The supported devices: IMM, CMM, Switch.
--host
userid:password
@hostip:[port]
This option is used for the device interface connection to the remote key repository. The default is the local IMM device. The default port is 5989.
--tftp
userid:password
@ip:[port]
This option is used to specify the TFTP server for snmp interface.
--community community This option is used to specify the community for snmpv1v2, default: public.
--authproto [--authproto] This option is used to specify the authorization protocol for snmpv3, default: No auth.
--privproto [DES/AES] This option is used to specify the privacy protocol for snmpv3. Default: No privacy.
--privpasswd [privpassword] This is optional switch to specify the privacy password for SNMPv3. | ESSENTIALAI-STEM |
User:Karthikndr
This user is from Mumbai, Maharashtra, India, Asia, Earth, etc. I am new to after working for for almost more then a year. | WIKI |
Stop Drinking Alcohol...Get Help For Alcohol Withdrawal Syndrome
Published: 19th March 2008
Views: N/A
Withdrawal Symptoms: How come that the majority of so called "social drinkers" or "alcohol consumers" who drink moderately are able to stop drinking immediately with hardly any will power and without suffering from any of the side effects. Whereas heavy drinkers and alcoholics are guaranteed alcohol withdrawal symptoms, be it mild or severe. The symptoms suffered as a whole caused by the cessation of alcohol intake are known collectively as "alcohol withdrawal syndrome".
Alcohol withdrawal symptoms include headaches, tummy aches and upsets, feeling sick and vomiting. Apart from these physical symptoms, other psychological symptoms such as nervousness, anxiety, jitters and mood swings can be experienced. Other uncomfortable symptoms include an increase in body temperature, heart beat and the breathing rate.
The list of other withdrawal symptoms is unending which are caused by sudden alcohol withdrawal and can be treated with prescribed medication. They are lack of sleep, insomnia, nightmares, loss of appetite, sweaty or clammy palms and skin, uncontrollable eyelid movements and dilation in the size of the pupils.
Serious Symptoms: Just to add to the list there are also quite a few serious withdrawal symptoms. On the whole anyone who does manage to kick drinking won't suffer from the following, but a small percentage do suffer from seizures, hallucinations and delirium tremens, all of which are accompanied by a state of anxiety, confusion and hallucinations. Don't waste any time in going to seek medical advice.
Although it goes without saying really that medical advice should also be sought by those suffering from mild or moderate alcohol withdrawal symptoms as well. On the whole the majority of those suffering from withdrawal symptoms will revert back to alcohol with the intention of giving up at a later stage. The downside is that each time you try to give up the more serious the withdrawal symptoms become. So the sooner you seek medical advice, the sooner you are likely to be able to give up alcohol for good.
It is imperative that a doctor be consulted before total alcohol withdrawal, and I will underline that for people with additional health complications such as heart disease, seizures, infections or lung related conditions. Medical help is crucial for people with multiple addictions such as drugs or tobacco and complications arise due to severity of the withdrawal symptoms.
Professional Assistance: A doctor will not only assist in easing the alcohol withdrawal symptoms but will also be able to treat any other health condition that exists in your body. The majority of medics that deal with alcohol detoxification are also trained in giving emotional assistance and psychological counselling, crucial for patients at this stage.
So having stressed on the importance of seeking medical advice for dealing with alcohol withdrawal syndrome, I would suggest that you find a specialist through the yellow pages or by phoning the local branch of Alcoholics Anonymous. Once the symptoms pass you will need the assistance of a self-help organisation such as Alcoholics Anonymous to stop you going back to alcoholism.
Discover how to Stop Drinking Alcohol In 21 Days - Guaranteed by expert Ed Philips and find further guidance here to help you Stop Drinking Alcohol.
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Demand for lower sulphur refined products to drive US crude exports -Enterprise Products
SINGAPORE, Sept 25 (Reuters) - Demand for U.S. light sweet crude is set to rise amid changes in sulphur specifications for refined products like fuel oil and as shale producers continue to drill for more crude, an executive from U.S. pipeline firm Enterprise Products said on Monday. “The (crude oil) barrels have to clear across the water ... To the demand in Asia, to the demand in Europe,” Brent Secrest, senior vice president at Enterprise Products, said at an industry event in Singapore. U.S. crude oil production has spiked following the shale oil revolution in the late-2000s, leading to a glut in domestic crude supplies, with U.S. refiners are geared towards processing heavier crude with higher sulphur content. Enterprise currently exports around 100,000 barrels per day of crude oil from the U.S. Gulf coast, Secrest said. More U.S. crude oil exports are also expected as U.S. refiners are not looking to change their refinery configurations to accommodate domestic light sweet crude oil, Secrest added. A new sulphur specification for shipping fuels that will begin in 2020 is set to boost demand for U.S. crude that has a low-sulphur content. “(The) solution is light sweet crude oil that we have to offer, Secrest said. The International Maritime Organization’s (IMO) tightened sulphur requirements for shipping fuels in October, which will see sulphur emissions fall from the current maximum of 3.5 percent of fuel content to 0.5 percent. Refiners and the shipping sector have yet to decide on a way to deal with the stricter standards amid a myriad of solutions that include switching to gasoil or installing scrubbers to remove sulphur emissions from ships. (Reporting by Mark Tay; Editing by Joseph Radford) | NEWS-MULTISOURCE |
Page:History of the Ninth Virginia Cavalry in the War Between the States.djvu/112
106 reached the camp above Charlottesville on the 14th of January, 1864. Most of the horses employed in this dreadful expedition were completely broken down, and many of the men, ragged, frost-bitten, and worn out, returned limping to camp in squads. | WIKI |
The adult literacy rate is the percentage of adults aged 15 and up who can read and write a brief, straightforward statement about their daily lives. Tanzania's literacy rate in 2015 was 77.89%, a 0.21 percent decrease from 2012. Men were more likely to be literate than women (88.5% vs 75.3%). Also, the illiteracy rate was lower among younger people—0.6% for those age 15-24—than among older people (7.9% for those 55+). In addition, the illiteracy rate was higher among certain groups within the population.
Tanzania has one of the highest rates of adult literacy in Africa. The country's literacy rate in 2015 was 77.89%, compared with an average of 53.8% across Africa.
Women were less likely to be literate than men. In 2015, only 75.3% of women were able to read. This number was down from 88.5% in 1992. For men, the figure was unchanged over time: 89.4%.
Age plays a large role in literacy rates. People ages 15-24 had the lowest rate of illiteracy at 0.6%, while people ages 60+ had the highest rate at 7.9%.
Income also affects literacy rates.
Kenya's literacy rate was 81.54 percent in 2018, up 2.8 percent from 2014. Kenya's literacy rate in 2014 was 78.73 percent, an increase of 6.58 percent from 2007. Women are more likely to be literate than men; in 2008, 89.02 percent of women were enrolled in school, compared with 71.68 percent of men.
Kenya has one of the highest rates of growth in literacy of any country in Africa. From 2004 to 2008, the adult literacy rate increased by 4.5 percent, which was more than any other African country. In that period, approximately 790,000 people were added to the literacy force.
During Kenya's long-running civil unrest, many schools were not open or closed early, so learning opportunities were missed. However, some groups have been able to use this time to develop literacy programs. For example, soldiers who lost their jobs due to prolonged displacement after the collapse of public order may not have time to learn new skills and therefore become marginalized within society. These individuals could be targets for recruitment into programs designed to improve their reading abilities.
Another group that has used violence as a means of gaining power is the al Shabaab militia. This extremist group has imposed its own version of Islam on areas where it has taken control.
Ghana's literacy rate in 2018 was 79.04 percent, up 7.54 percent from 2010. The gender gap in literacy rates has been narrowing since 1998, but women remain less likely to be literate than men.
The most common method for learning to read is through formal schooling, which begins when children reach 6 or 7 years old. In Ghana, more than 90 percent of children attend school until they are 14 years old.
Schooling is compulsory by law for all Ghanaians between the ages of 5 and 16. Those who do not attend school can be punished with prison sentences.
After primary school, students have the choice to continue their education at secondary school or vocational training. Only 10 percent of Ghana's population is made up of teachers, so there is a high demand for professionals with expertise in mathematics, science, language skills, and technology. These jobs often pay well, provide excellent opportunities for advancement, and can travel abroad to study or perform work.
The majority of teachers are female, and they too can be found in all walks of life. They can be factory workers, clerks, mechanics, or farmers; there are no restrictions on what career paths might lead someone to becoming a teacher.
Mali's literacy rate in 2018 was 35.47 percent, up 2.4 percent from 2015. Mali's literacy rate in 2015 was 33.07 percent, up 2.45 percent from 2011. The gender gap in literacy rates has been narrowing since 2005, when it was 19 percentage points. In 2008, it was 12 percentage points. In 2015, it was 3 percentage points.
Mali's reading ability score in PISA showed significant improvement between 2000 and 2015, but it has declined since then. In fact, Mali's ranking has dropped from 63rd in 2000 to 141st in 2015.
Around 21 percent of Malians cannot read. This is higher than the global average of 15 percent.
There are several factors that may be preventing individuals with disabilities in Mali from getting access to education. Disability discrimination is illegal in Mali under article 14 of its constitution, which states that everyone has the right to equal treatment and equal opportunities regardless of disability. However, there have been reports of this violation being committed against people with physical and mental disabilities.
People with disabilities are often excluded from school enrollment decisions because of cultural beliefs about the inferiority of those with disabilities. Families also sometimes reject proposals to enroll their children in school because of financial constraints or lack of awareness about the benefits of educating people with disabilities.
70% The adult literacy rate is the percentage of adults aged 15 and up who can read and write a brief, straightforward statement about their daily lives. The literacy rate in Madagascar in 2018 was 74.80 percent, a 3.23 percent rise from 2012.
Madagascar's literacy rate has increased since its lowest point in 1995, when it was 46.90 percent. This increase is similar to that of other middle-income countries.
Of those able to read, almost all (96%) can read at least one language. These are primarily French, Malagasy, and native languages such as Antaloa and Tamatave.
There are three main factors that influence literacy rates: education level of parents, gender equality, and poverty. Countries with more educated parents have higher literacy rates. Gender equality appears to be linked with lower rates of illiteracy. Poor countries with high percentages of children going to school but then dropping out cannot afford to invest in educating their workers.
In Madagascar, women play an important role in literacy rates because they are often responsible for bringing up families while their husbands go to work. If wives do not receive any form of formal education, then it follows that their marriage prospects will be limited. This would therefore discourage many men from marrying or taking on partners who are unable to read and write.
The literacy rate in Nigeria in 2018 was 62.02 percent, a 10.94 percent rise from 2008. Men were significantly more likely than women to be able to read. Among those aged 15-24, 82.88 percent were considered literate, while 77.06 percent of those aged 35-44 could read. No significant difference was found between urban and rural areas.
The figure shows that adult literacy is rising but there is still much work to be done. Women remain less likely to be able to read than men, and there are regional differences - with the highest rates being in the north where more than 90 percent of people can read.
These trends have not changed much in recent years. In 2016, the International Institute for Democracy and Electoral Assistance gave Nigeria an adult literacy rate of 42.8 percent, saying it was one of the lowest rates in the world. At that time, it was reported that fewer than 2 million people out of 51 million were able to read.
Since then, the number of people who can read has increased thanks to a large-scale effort by non-governmental organizations that have gone to remote areas to teach people how to read and write. But the overall level of literacy remains low. | FINEWEB-EDU |
Love You (film)
Love You is a 1979 American pornographic film directed by John Derek and starring Annette Haven, Wade Nichols, Leslie Bovee, and Eric Edwards.
Premise
Two couples decide to swap partners.
Production
Filming took place in Los Angeles, San Francisco, and Hawaii. According to star Annette Haven, John Derek's wife Bo produced the film and was constantly on set as her husband's consultant. | WIKI |
Is there a new CPAP machine?
Is there a new CPAP machine?
Connected sleep devicemaker ResMed today released the AirSense 11, its latest CPAP machine iteration, which includes a host of new features to treat obstructive sleep apnea. The new machine has many of the same specs as ResMed’s previous device, the AirSense 10, but also includes exclusive access to new features.
Is there a maskless CPAP machine?
Introducing the world’s first hoseless, cordless, maskless, battery-powered CPAP device. You read that right. Airing has invented a micro CPAP device that has no hoses, no cords, and no masks. And we did it for one reason: too many sleep apnea patients don’t wear their CPAP masks at night.
Is ResMed coming out with a new CPAP?
16, 2021 (GLOBE NEWSWIRE) — ResMed, a global leader in digital health and sleep apnea treatment, (NYSE: RMD, ASX: RMD) today launched AirSense 11, available first in the U.S., the company’s next-generation PAP (positive airway pressure) device designed to help hundreds of millions of people worldwide with sleep apnea1 …
How often should you get a new CPAP machine?
Your CPAP machine should be replaced after approximately 5 years of use. The good news is, Medicare and most other insurers typically provide coverage for a new CPAP machine around the same time frame.
Why does a CPAP machine is probably not for You?
CPAP machines were not designed for central sleep apnea. If you have central sleep apnea, then the question is answered. A CPAP machine is not for you . Most people with sleep apnea experience the other flavor: obstructive sleep apnea (OSA). This is exactly how it sounds: your breathing is obstructed, or blocked.
Why do I need a CPAP machine?
A: CPAP stands for continuous positive airway pressure. The machines help people with sleep apnea breathe more easily and regularly every night while they are sleeping. A CPAP machine increases the air pressure in your throat to prevent your airway from collapsing when you inhale.
Is your CPAP pressure too high?
In general, your CPAP pressure settings should be just high enough to hold your airway open . When the pressure is too low, you may suffer symptoms of Sleep Apnea. If the pressure is too high, you may struggle with the device, have nasal congestion, and experience choppy or fragmented sleep.
What does a CPAP machine do?
CPAP motor- The CPAP motor is basically a small compressor.
• CPAP Hoses- The hose is simply the delivery device that transports the pressurized air from the motor to the wearer’s mask.
• CPAP Mask- CPAP masks come in all shapes and sizes because not every individual will feel comfortable wearing the same masks as others. | ESSENTIALAI-STEM |
Talk:a enemigo que huye, puente de plata
puente de plata
Is it idiomatic enough? It depends on the meaning of plata --Backinstadiums (talk) 14:17, 30 July 2021 (UTC)
Golden bridge
This is identical with "to fleeing enemy build a golden bridge" that is attributed (apparently mistakingly) to Sun Tzu. Is there not an English equivalent? Catonif (talk) 18:21, 8 November 2023 (UTC) | WIKI |
Friday, November 18, 2011
Can SELECT privilege lock table?
Recent discussion on one forum remind me to share a part of knowledge, which in core, seems that anyone understand well, but I think that many would find them self confused.
Question is: If a user has been granted select privilege on table, is there any way to lock table in any way? You might be surprised, but answer is: Yes. And this is normal behavior on any Oracle database version which have select ... for update syntax.
The problem
Let me show brief example of this problem. I'll create two users a_owner with classic connect, resource roles:
SQL> grant connect, resource to a_owner identified by oracle123;
Grant succeeded.
and user a_locker who will have only create session privilege, privilege that allow only to create session (connect to oracle instance).
SQL> grant create session to a_locker identified by oracle123;
Grant succeeded.
Lets user a_owner create table t1 and put few records in it:
SQL> conn a_owner/oracle123@xe
Connected.
SQL> create table t1 (col1 varchar2(10), col2 varchar2(10));
Table created.
SQL> insert into t1 values ('a','1');
1 row created.
SQL> insert into t1 values ('b','2');
1 row created.
SQL> commit;
Commit complete.
Let user a_owner grant select privilege to a_locker user:
SQL> grant select on a_owner.t1 to a_locker;
Grant succeeded.
Check data from a_locker side of view:
SQL> conn a_locker/oracle123@xe;
Connected.
SQL> select * from a_owner.t1;
COL1 COL2
---------- ----------
a 1
b 2
SQL>
So far so good. But let us try to lock table t1 from a_locker schema (notice for update part in select statement. This SQL passes without error:
SQL> select * from a_owner.t1 for update;
COL1 COL2
---------- ----------
a 1
b 2
SQL>
Now let's check if table is really locked (from a_owner side):
SQL> show user;
USER is "A_OWNER"
SQL> update t1 set col1='c' where col1='a';
but SQL hang. Reason is obvious because lock is placed on table t1 from a_locker command!
For checking table lock I'll use mine scripts, run from third session, explained in previous blog postings:
SQL> @sb;
Oracle version: 11.2.0.2.0 (11.1.0.0.0)
Blocker Inst SID Serial [sec] Lock Type/Req. lock Status Module
----------------------------------------------------------------------------------------------------------------
1.A_LOCKER 1 220 21 41 Transaction INACTIVE SQL*Plus
A_OWNER 1 189 17 11 Exclusive ACTIVE SQL*Plus
SQL> @sbr
Oracle version: 11.2.0.2.0 (11.1.0.0.0)
A_LOCKER (1 '220,21')
A_OWNER (1 189,17) 147 sec Exclusive ACTIVE SQL*Plus
SELECT COL1 , COL2 FROM A_OWNER.T1 WHERE rowid = 'AAAY2QAAGAAAAFjAAA' ;
(update t1 set col1=:"SYS_B_0" where col1=:"SYS_B_1")
PL/SQL procedure successfully completed.
SQL> SELECT COL1 , COL2 FROM A_OWNER.T1 WHERE rowid = 'AAAY2QAAGAAAAFjAAA' ;
COL1 COL2
---------- ----------
a 1
1 row selected.
SQL>
So indeed a_locker has placed transactional table lock on one record.
When a_locker execute rollback, then in a_owner session update was successful. Notice Elapsed column, which shows time to perform update statement (10 minutes 18 seconds is block wait):
SQL> update t1 set col1='c' where col1='a';
1 row updated.
Elapsed: 00:10:18.00
SQL>
Solution
So after confirmation that select privilege can lock table, is there anything to be done to prevent such a situation?
The only answer that I know so far is yes-create a view with dummy column.
To be able to execute that, first add "create view" privilege to a_owner:
SQL> grant create view to a_owner;
Grant succeeded.
Create view t1_vw in a a little specific way:
SQL> CREATE OR REPLACE VIEW a_owner.t1_vw AS
2 SELECT *
3 FROM (SELECT a_owner.t1.*,
4 count(1) over (partition by 1) xxx FROM a_owner.t1
5 )
6 ;
View created.
SQL>
As you'll see later columny xxx will prevent any DML on t1. To be consistent, I have to revoke previously granted select privilege on table t1 and grant select on newly create view t1_vw:
SQL> revoke select on a_owner.t1 from a_locker;
Revoke succeeded.
SQL> grant select on a_owner.t1_vw to a_locker;
Grant succeeded.
SQL>
Now with user a_locker, locking is no longer possible:
SQL> select col1, col2 from a_owner.t1_vw for update;
select col1, col2 from a_owner.t1_vw for update
*
ERROR at line 1:
ORA-02014: cannot select FOR UPDATE from view with DISTINCT, GROUP BY, etc.
SQL>
As you see ORA-02014 is raised!
The End
This prove another old advice to expose data through views only and avoid direct grant through real oracle tables.
Cheers!
6 comments:
1. Interesting topic.
ReplyDelete
2. Very nice Damir, thanks for sharing.
Also this statement, very true, should be considered as best pratices :
"This prove another old advice to expose data through views only and avoid direct grant through real oracle tables"
toni
ReplyDelete
3. Tony,
seems to me you have same bad experience as I had ...
:-)
Damir
ReplyDelete
4. As far as I know "select for update" is widely used among developers and it is wise to have on mind what will happen when you issue that statement.
It is not so dangerous when you lock row or two - but when you lock larger excerpt it can cause many issues.
When I experience problem with locking my first approach is to educate developers and now I have nice article to show them ;)
I think that solution with views would only complicate my life :)
Regards,
Marko
ReplyDelete
5. Marko,
hope you'll prove your point ...
8()
Damir
ReplyDelete
6. Thanks to Ales, I got another solution for this (and much less performance issues)
create view a_owner.t1_vw as
select * from t
union all
select * from t where 1=2;
Hope this helps...
ReplyDelete
Zagreb u srcu!
Copyright © 2009-2012 Damir Vadas
All rights reserved.
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Randy Brodehl
Randy Brodehl (born October 13, 1954) is an American businessman, former fire chief, and politician from Montana. Brodehl is a former Republican member of the Montana House of Representatives and current Commissioner of Flathead County in Montana.
Early life
On October 13, 1954, Brodehl was born in Stockton, California.
Education
In 1987, Brodehl earned a Bachelor of Science degree in Fire Service Management from Western Oregon University.
Career
On 1985, Brodehl became a Battalion Chief of Corvallis Fire Department in Oregon, until 2001. In 1987, Brodehl became the owner of Brodehl Farms, until 2001.
In 2001, Brodehl became the Fire Chief of Kalispell Fire Department in Kalispell, Montana, until July 2008.
In 2008, Brodehl became the owner of R&J Enterprises, a custom cabinet maker.
On November 2, 2010, Brodehl won the election and became a Republican member of Montana House of Representatives for District 7. Brodehl defeated Karen Reeves with 72.38% of the votes. On November 6, 2012, as an incumbent, Brodehl won the election and continued serving District 7. Brodehl defeated Diane Frances Taylor-Mahnke with 68.99% of the votes.
In November 2018, Brodehl won the election and became a Commissioner of Flathead County, Montana for District 3.
Personal life
Brodehl's wife is Joyce Brodehl. They have six children. Brodehl and his family live in Kalispell, Montana. | WIKI |
Can We See with Our Noses And Hear with Our Fingers? (Apr, 1923)
I would say no to the first and maybe to the second. However there is some dispute about Willetta Huggins’ abilities. Her claims were tested and at least partially validated by reputable scientists, of the day. However, Willetta fully recovered her hearing and vision a few years later and attributed the miraculous recovery to the healing power of Christian Science which lends a lot of credence to the idea that she never was blind or deaf.
At least that’s what it says in The Unseen Minority: A Social History of Blindness in the United States
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Can We See with Our Noses And Hear with Our Fingers?
Amazing Feats of 17-Year-Old Blind and Deaf Girl, Who Smells Colors and Feels Sound, Convince Scientists that Unused Powers Lie Asleep in Our Senses
CAN we learn to see with our noses? Can we learn to hear with our finger tips? Can we develop eyes in the backs of our heads or wherever else we happen to need them?
The amazing case of Willetta Huggins, the 17-year-old blind and deaf girl of Janesville, Wis., makes these questions much less fantastic than they would have seemed a year ago. For Willetta can do some of these things.
While we human beings have been developing to a high degree our senses of sight and hearing, have we failed to develop at the same rate our senses of smell and touch? The accomplishments of this little girl, handicapped from babyhood, seem to prove that this is so.
She Smells Color!
Willetta can recognize colors by their smell. She can hear spoken words by placing the sensitive tips of her fingers against the throat of the speaker. She can identify different people by their personal odors. She knows, even, when the family cat enters the room for a moment and then leaves.
Physicians and psychologists are still debating the exact nature and extent of Willetta’s powers. Scientific tests of her case are still in progress. There seems little doubt, however, from the experiments made that she really does possess a remarkable development of the senses of smell and of touch.
When she was nine years old, Willetta was left an orphan. A year later she was admitted to the Wisconsin School for the Blind at Janesville. She was then partly blind and nearly deaf. Within five years she had lost what remained of her hearing and a year later she became totally blind.
Under this double misfortune she grew, as was natural, somewhat morose and listless. For a time she showed little interest in anything. Suddenly this changed. She was introduced by her teachers to Helen Keller’s method of “hearing” by feeling the lips.
Her Interest Is Awakened Almost overnight Willetta lost her listlessness and indifference. She not only found out that she could use the method made famous by Miss Keller, but she discovered a better method. She found that when she placed the tips of her fingers on the throat of a person who was speaking, she could “feel” what was said merely by the vibrations of the throat. It was not necessary for her to touch the lips at all.
This unusual ability and the rapidity with which she learned the use of it, attracted the attention of her teachers and of the medical men attached to the institution. It was found that her sense of smell was no less extraordinary. The fame of her accomplishments spread. Attention was attracted in Chicago and on April 26, 1922, Willetta was examined before the Chicago Medical Society.
There is still some controversy about exactly what she can do, but the following facts are well attested: She can recognize spoken sounds when her fingers are touching the throat of the speaker. She insists that she does not hear the sounds. She says that she “feels” them. She can also feel sounds in the same way through a wooden rod, such as a billiard cue, one end of which is pressed against the chest of the speaker, the other end of which she touches.
She carries around with her a portable telephone of the kind used by deaf people, but she does not put it to her ear. Instead, she touches the vibrating diaphragm in the telephone with the tips of her fingers. She asserts that she feels the vibrations of sound in this way. She has been able, under test, to hear concerts and stage performances and to describe correctly what was happening. Aided by her telephonic apparatus, she can carry on a conversation with all the ease of a person who has perfect hearing.
Feels the Ink on Newspapers She can read newspaper headlines, the denominations of paper money, and similar matter printed in large type merely by running her fingers over it. She says she feels the ink on the paper: There is little doubt, also, that she can really smell colors. In a series of careful tests arranged by Dr. Thomas J. Wiliams, of Chicago, and Professor Robert H. Gault, of the Department of Psychology of Northwestern University, Willetta’s eyes were thoroughly blindfolded by a pair of black goggles stuffed and covered with cotton and fastened down to her forehead by adhesive tape. She named correctly the colors of 30 samples of yarn as well as many other colored objects. This was done even without touching the yarns, merely by smelling them when they were held close to the end of a glass tube about four inches long.
What Sceptics Say The doctors who disbelieve in the reality of Willetta’s powers explain these accomplishments as due to unconscious deception on her part. The girl’s eyes and ears do not show any perceptible injury. If she is really blind and deaf, it is because of some trouble in her brain or in the nerves leading to it, not in the eye or ear themselves. The skeptics point to this fact. They say that she is not really deaf nor blind at all; that she merely thinks she is and thinks it so intensely that for all practical purposes she really cannot see or hear.
This would be quite possible. Such cases are common enough in the records of psychology. They are instances of extreme autosuggestion; harmful autosuggestion instead of the curative variety. – But that this is the case with Willetta seems doubtful. Whatever may be the real explanation of her marvelous powers, any kind of shamming, even unconscious shamming, seems to have been out of the question in the tests when Willetta was blindfolded. Even if her eyes had been normal, she could not have seen the colored yarns.
Then there are some additional experiments of Professor Gault on normal people, people with unimpaired equipment of eyes and ears. These experiments are even more significant than Willetta’s case in supporting the idea that all of us may have unsuspected possibilities of sense development.
Among his students Professor Gault has discovered two persons who have the beginnings of Willetta’s ability to smell colors. They can distinguish by smell alone whether two samples of colored yarn are alike or different. They are not able, as yet, to name each of the colors as Willetta does, but it is reasonable to believe that they possess the same power, the only difference being that they have not been forced to develop these powers of their other senses.
Professor Gault is testing, also, the possibility that normal persons can learn to feel sound in the same way as Willetta does. By means of the speaking-tube apparatus illustrated below, one of Professor Gault’s students has already taught himself to distinguish five different words merely by the feel of them on the palm of his hand.
These results are sufficiently startling. Can it be possible, one asks, that Willetta Huggins differs from the rest of us only in that she happens to know how to use senses that all of us possess but have neglected?
How Earthworms See The biologist is inclined to say that it is quite possible. The common earthworm, for instance, has only one kind of nerves. His only sense, apparently, is the sense of touch. He has no eyes nor ears nor any sort of organ corresponding to our nose. Yet the earthworm can see, and will withdraw quickly into his burrow if you turn a light on him. He can hear perfectly the noise you make when you stamp your foot on the ground. He can smell his favorite foods some little distance away and he never makes a mistake about them.
Evidently the touch nerves in his body perform for him the functions of all the kinds of nerves; they are his eyes, his ears, and his nose.
In the course of evolution, these touch nerves of the earthworm, competent for any kind of duty, have developed into our special senses. Our eye, for instance, originated as a part of a sensitive plate of touch nerves on the heads of some of the lowest backboned animals. Our ear seems to have grown out of some little hairlike organs on the heads of fishes; organs used, apparently, to detect vibrations in the water.
Nerve Powers Long Unused And it may be that our nerves, even after all these millions of years of training for some special job, have not forgotten that they used to be able to do all the jobs; that one and the same nerve was once the carrier of messages relative to all five of our present senses.
This seems to be the biological lesson of the case of Willetta Huggins.
It seems to follow, even more clearly, from the experiments of Professor Gault. And further evidence comes from Professor Louis Farigoule in France, who reported some months ago that he had been able to train certain men among a group of blinded soldiers so that they could perceive light by their finger tips..
It is possible that we stand on the threshold of amazing and revolutionary discoveries concerning our senses. We may be able not only to better the lot of those unfortunates who are blind or deaf, but to rediscover in ourselves capacities of smell and touch, perhaps of other senses which we do not dream we possess.
2 comments
1. squeeziecat says: March 17, 20085:38 am
chances are pretty good hat she was suffering from “conversion disorder”, an rare psychologicial response that causes a person to go blind for no apparent physiological reason during times of extreme stress.
I’ve known 2 people to suffer from this disorder – one was a teenaged girl who was an anxious academic perfectionist heading into school exams, the other a sweet-natured but academically slow pre-teen boy who was being bullied. both made full recoveries after the stressors were dealt with.
2. squeeziecat says: March 17, 20085:38 am
“Tommy can you hear me?”
chances are pretty good that she was suffering from “conversion disorder”, an rare psychologicial response that causes a person to go blind for no apparent physiological reason during times of extreme stress.
I’ve known 2 people to suffer from this disorder – one was a teenaged girl who was an anxious academic perfectionist heading into school exams, the other a sweet-natured but academically slow pre-teen boy who was being bullied. both made full recoveries after the stressors were dealt with.
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Bioelectrodynamics
Bioelectrodynamics is a branch of medical physics and bioelectromagnetism which deals with rapidly changing electric and magnetic fields in biological systems, i.e. high frequency endogenous electromagnetic phenomena in living cells. Unlike the events studied by the electrophysiology, the generating mechanism of bioelectrodynamic phenomenon is not connected with currents of ions and its frequency is typically much higher. Examples include vibrations of electrically polar intracellular structures and non-thermal emission of photons as a result of metabolic activity.
Theories and Hypotheses
Plenty of theoretical work was published on theories and hypotheses describing generation of electromagnetic field by living cells in very broad frequency range. The most influential one was once probably the Fröhlich's hypothesis of coherence in biological systems introduced by Herbert Fröhlich in the late 1960s. Despite the fact that experimental evidence for Fröhlich's hypothesis does not exist yet, numerical estimates indicate biological feasibility of at least Fröhlich's weak condensation.
Recent theoretical considerations predict generation of radio frequency electromagnetic field in cells as a result of vibrations of electrically polar intracellular structures, e. g., microtubules. Emission in optical part of electromagnetic spectrum is usually attributed to reactive oxygen species (ROS).
Experimental evidence
Bioelectrodynamic effects were experimentally proven in optical range of electromagnetic spectrum. Spontaneous emission of photons by living cells, with intensity significantly higher than corresponds to emission by thermal radiation, was repeatedly reported by several authors over decades. These observations exhibit experimental simplicity and good reproducibility. Although non-thermal emission of photons from living cells is generally accepted phenomenon, much less is known about its origin and properties. On the one hand, it is sometimes attributed to chemiluminescent metabolic reactions (including for instance reactive oxygen species (ROS) ), on the other hand, some authors relate this phenomenon to far-from-equilibrium thermodynamics.
Indirect evidence exists on acoustic and radio frequencies; however, direct measurement of field quantities is missing. Pohl and others observed force effect on dielectric particles which were attracted to cells and repulsed from cells, respectively, depending on particles' dielectric constant. Pohl attributed this behavior to dielectrophoresis caused by electromagnetic field of cells. He estimated the frequency of this field as about hundreds of MHz. Other indirect evidence comes from the fact that mechanical vibrations were experimentally proven in very broad frequency range in cells. Since many structures in cells are electrically polar, they will generate electromagnetic field if they vibrate.
Controversy
As a question opened for decades, bioelectrodynamics was not always part of scientific mainstream and thus it was sometimes treated with poor scientific standards. This is particularly true for:
* 1) - overestimation of the significance of experimental data obtained (Kucera argues that claims by several authors about direct measurement of cellular electromagnetic activity in radio-frequency band should be accepted with skepticism since technical properties of experimental setups have not even met criteria arising from optimistic theoretical biophysical predictions. Firstly, spatial resolution of used sensors was too low with respect to expected spatial complexity of electromagnetic field in cells. Secondly, the sensitivity of experimental setups was not high enough compared to power available in living cell.),
* 2) - misinterpretation of experimental data (Fritz-Albert Popp's claim about coherence of photo-emission from cells is based on statistical distribution of photon counts; however, this is not proof of coherence. Coherent emission (see coherent states) has Poisson distribution, but Poisson distribution is not exclusively related only to coherent processes.) and
* 3) - development of uncorroborated hypotheses.
Groups
* Bioelectrodynamics research team, Institute of Photonics and Electronics of the Czech Academy of Sciences, Czech Republic | WIKI |
849 P.2d 358
Vincent SANTILLANES, Petitioner, v. STATE of New Mexico, Respondent.
No. 20638.
Supreme Court of New Mexico.
March 1, 1993.
Sammy J. Quintana, Chief Public Defender and Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for petitioner.
Tom Udall, Atty. Gen. and Bill Primm, Asst. Atty. Gen., Santa Fe, for respondent.
OPINION
FROST, Justice.
We granted the defendant Vincent Santillanes’ writ of certiorari to review the Court of Appeals decision affirming his conviction of child abuse under NMSA 1978, Section 30-6-l(C) (Repl.Pamp.1984). Santillanes’ primary argument is that the provision in the statute under which he was convicted is unconstitutional because it improperly criminalizes ordinary civil negligence. He raises due process and fundamental fairness issues as well as equal protection and cruel and unusual punishment arguments. Santillanes also contests his conviction on the grounds of insufficiency of evidence, improper venue, prosecution under the wrong statute, and prosecutorial misconduct. Finding that all of his assigned errors are without merit except for his argument regarding the proper interpretation of the statute under which he was convicted, we address only that issue.
I. FACTS
Santillanes cut his 7-year-old nephew’s neck with a knife during an altercation. The jury convicted him of child abuse involving no death or great bodily injury under Section 30-6-l(C) on February 1, 1991. Section 30-6-l(C) reads as follows:
Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:
(1) placed in a situation that may endanger the child’s life or health;
(2) tortured, cruelly confined or cruelly punished; or
(3) exposed to the inclemency of the weather.
NMSA 1978, § 30-6-l(C) (Cum.Supp.1992) (emphasis added).
After the close of all evidence, defense counsel submitted a requested jury instruction to the court setting forth a criminal negligence standard rather than a civil negligence standard to define the negligence element under the statute. Defendant’s Requested Instruction No. 3 stated:
An act, to be “negligence” or to be done “negligently,” must be one which a reasonably prudent person would foresee as creating a substantial and unjustifiable risk of injury to Paul Santillanes. The risk created must be of such a nature and degree that the reasonably prudent person’s failure to perceive it involves a gross deviation from the standard of care that a reasonably prudent person would observe in the same sitúation.
The requested instruction was patterned after the definition of criminal negligence in Model Penal Code Section 2.02(2)(d) (1985). The trial court refused Santillanes’ instruction and instead instructed the jury on a civil negligence standard. That instruction, Instruction No. 7, read:
The term “negligence” may relate either to an act or a failure to act.
An act, to be “negligence,” must be one which a reasonably prudent person would foresee as involving an unreasonable risk of injury to himself or to another and which such a person, in the exercise of ordinary care, would not do.
A failure to act, to be “negligence,” must be a failure to do an act which one is under a duty to do and which a reasonably prudent person, in the exercise of ordinary care, would do in order to prevent injury to himself or to another.
The trial court apparently did not instruct the jury on the definition of “intentionally.”
II. COURT OF APPEALS DECISION
On appeal to the Court of Appeals, Santillanes claimed that the trial court erred in refusing his requested instruction that delineated a criminal negligence standard. He claimed that the term “negligently” in Section 30-6-l(C) either should be read to mean criminal negligence or that it should be deemed unconstitutionally vague or overbroad in violation of due process of law. While it was not clear whether the jury convicted Santillanes of intentional or negligent child abuse, he argued that the court instructed the jury on both theories and that the jury could have convicted him on either theory. Because the trial court instructed the jury on the wrong standard of negligence, Santillanes argued, his conviction by general verdict must be overturned.
The Court of Appeals, however, held that Santillanes did not preserve for appeal the issue regarding the contested instruction because he failed to tender a proper instruction on the criminal negligence standard. The Court stated that the instruction which Santillanes requested was confusing because it did not permit the jury to evaluate the defendant’s conduct by any meaningful standard. The Court also stated that his requested instruction incorrectly defined criminal negligence. Concluding that he failed to preserve this issue for appeal, the Court of Appeals held that Santillanes had no standing to complain of any violation of the due process clause.
Nevertheless, the Court of Appeals analyzed the record for fundamental error. The Court reasoned that because the evidence unmistakably established criminal negligence anyway, no justiciable issue existed in this case regarding any distinction between civil and criminal negligence in the statute.
III. ISSUES
In this Court, Santillanes maintains that felony punishment should attach only to criminal behavior, in this case criminal negligence, not to ordinary civil negligence. Santillanes asserts that according felony status to acts of civil negligence violates substantive due process because the civil negligence standard is not tailored to meet the statutory goal of protecting children from abuse. Finally, Santillanes claims that as the Court of Appeals interpreted the statute, the civil negligence standard overreaches its mark and incorporates conduct that is not criminal, but rather simply negligent. Thus, he claims that the term “negligently,” as interpreted, is overbroad in violation of due process of law.
The State counters that the statute, as applied, only pertains to child abuse that goes beyond merely normal action or inaction. See State v. Coe, 92 N.M. 320, 321, 587 P.2d 973, 974 (Ct.App.), cert, denied, 92 N.M. 353, 588 P.2d 554 (1978). According to the State, the Court in Coe limited the scope of the ordinary negligence standard because it interpreted the term “abuse” to require a showing of something more than just simple negligence or inadvertence even if it fell short of requiring a showing of criminal negligence. Thus, the State argues that the term “negligently,” as interpreted in Coe and as applied in numerous other cases, is not constitutionally over-broad or vague. In addition, the State emphasizes that our courts have long interpreted the statute as requiring only a civil negligence standard and that there is no reason to change it now.
A. Preservation of Issue
First, we must address the issue of whether Santillanes preserved the assigned error for appeal. The relevant rule states:
for the preservation of error in the charge, objection to any instruction given must be sufficient to alert the mind of the court to the claimed vice therein, or, in case of failure to instruct on any issue, a correct written instruction must be tendered before the jury is instructed.
SCRA 1986, 5-608(D) (Repl.Pamp.1992). The Court of Appeals did not find that Santillanes failed to make a proper objection to the negligence instruction that the trial court gave to the jury. Rather, the Court ruled that Santillanes had no standing to raise his constitutional attack because he failed to preserve the issue when he submitted an incorrect instruction on criminal negligence. The Court of Appeals erred in its interpretation of Rule 5-608. See Gallegos v. State, 113 N.M. 339, 341, 825 P.2d 1249, 1251 (1992).
Under Rule 5-608, counsel must submit a proper instruction to preserve error only if no instruction is given on the issue in question on appeal. Here, the trial court gave an instruction on the issue in question on appeal, albeit a civil negligence instruction, and it is that issue which forms the basis of Santillanes’ constitutional attack. Moreover, because there is no uniform jury instruction on criminal negligence in New Mexico, defense counsel relied on the Model Penal Code. While his proffered instruction was not a precise restatement of the Model Penal Code’s definition of criminal negligence, defense counsel captured the essence of that definition and thus informed the trial judge of the claimed vice in the charge given to the jury. See id. We hold that Santillanes preserved his issue for appeal.
B. Requirement of Criminal Negligence
At common law, the conviction of a crime required satisfaction of the element of intent. See Perez v. State, 111 N.M. 160, 161, 803 P.2d 249, 250 (1990). The legislature, however, may define certain conduct as criminal without the element of intent. State v. Barber, 91 N.M. 764, 766, 581 P.2d 27, 28 (Ct.App.1978). When a criminal statute is silent about whether a mens rea element is required, we do not assume that the legislature intended to enact a no-fault or strict liability crime. Instead, it is well settled that we presume criminal intent as an essential element of the crime unless it is clear from the statute that the legislature intended to omit the mens rea element. See Reese v. State, 106 N.M. 498, 501, 745 P.2d 1146, 1149 (1987) (Ransom, J., specially concurring). This determination is one of statutory construction in light of what the common law required. Id.
It is also well settled that the legislature has the authority to make negligent conduct a crime. See State v. Lucero, 87 N.M. 242, 245, 531 P.2d 1215, 1218 (Ct.App.), cert. denied, 87 N.M. 239, 531 P.2d 1212 (1975). The issue in this case, then, is not whether we must read the mens rea element into a criminal statute because the child abuse statute contains a mens rea element. Rather, the question is when the legislature has included but not defined the mens rea element in a criminal statute, here the term “negligently,” what degree of negligence is required.
The State asserts that the legislature’s “decision to criminalize the conduct described by [Section 30-6-l(C) ] reflects a compelling public interest in protecting defenseless children” and thus was a proper exercise of the legislature’s police power. State v. Lujan, 103 N.M. 667, 671, 712 P.2d 13, 17 (Ct.App.1985), cert. denied, 103 N.M. 740, 713 P.2d 556 (1986). The State also points out that the statute has withstood many constitutional attacks. While it is undisputed that the statute’s purpose is both legitimate and laudable, our interpretation of this criminal statute requires that the term “negligently” be interpreted to require a showing of criminal negligence instead of ordinary civil negligence.
1. Prior Case Law
In addressing the issue of whether a civil or criminal negligence standard must be applied under the child abuse statute, the courts of this state consistently have applied a civil negligence standard. In State v. Coe, 92 N.M. 320, 587 P.2d 973 (Ct.App.), cert. denied, 92 N.M. 353, 588 P.2d 554 (1978), however, the Court of Appeals stated that the term “negligently” in the child abuse statute did not apply to ordinary situations in which a child was injured, but only when someone committed an abusive act against a child. Id. at 321, 587 P.2d at 974. The defendant in Coe argued that “negligently,” in the ordinary civil sense, encompassed any and all harm to a child, thereby making the child abuse statute unconstitutionally vague so as to violate due process. Id. Rejecting that argument, the Coe court reasoned that the statute re-
quired “abuse” and not mere normal action or inaction. The Court concluded, therefore, that the statute was not void for vagueness because the statute gave fair notice of the proscribed conduct to any reasonable person. Id. Clearly, Coe called for a showing of something more than civil negligence, yet the bulk of our case law continually has countenanced an instruction requiring only ordinary tort negligence.
For example, in State v. Williams, 100 N.M. 322, 670 P.2d 122 (Ct.App.), cert, denied, 100 N.M. 259, 669 P.2d 735 (1983), the Court of Appeals rejected the defendant’s argument based upon the due process clause that the child abuse statute allowed for arbitrary and discriminatory enforcement because it employed a civil negligence standard. See id. at 325, 670 P.2d at 125 (citing State v. Coe, supra). Relying on the traditional civil negligence analysis adopted in dictum in State v. Adams, the Court in Williams concluded that there was sufficient evidence to uphold the conviction of child abuse. See Williams, 100 N.M. at 324, 670 P.2d at 124; see also State v. Adams, 89 N.M. 737, 738, 557 P.2d 586, 587 (Ct.App.), cert, denied, 90 N.M. 7, 558 P.2d 619 (1976) (determining that substantial evidence supported conviction of child abuse on civil negligence standard).
In State v. Robinson, 93 N.M. 340, 600 P.2d 286 (Ct.App.), cert. denied, 92 N.M. 532, 591 P.2d 286 (1979), the Court of Appeals, relying on State v. Grubbs and again in dictum, approved of the application of a civil negligence standard in the child abuse statute. See id. at 345, 600 P.2d at 291. The Court in Robinson declined to consider the merits of the defendant’s claim that the ordinary tort negligence standard was unconstitutional because he raised that argument for the first time on appeal. Id.
The opinion in State v. Grubbs, 85 N.M. 865, 512 P.2d 693 (Ct.App.1973), seems to be the foundation for the application of the civil negligence standard in the child abuse statute. In Grubbs, the Court of Appeals upheld the defendant’s conviction of involuntary manslaughter by unlawful act. Id. at 366, 512 P.2d at 694. The unlawful act of which the defendant was found guilty was negligent use of a weapon under what is now Section 30-7-4(A)(3). The defendant claimed that “negligence” should be interpreted as criminal negligence, but the Grubbs court disagreed and held that ordinary negligence was all that was required. Id. Noting that the statute failed to define “negligent,” the Court applied its ordinary meaning because the legislature failed to indicate that it intended a different construction of the terms. Id. at 368, 512 P.2d at 696.
Most recently in State v. Crislip, 110 N.M. 412, 796 P.2d 1108 (Ct.App.), cert, denied, 110 N.M. 260, 794 P.2d 734 (1990), the Court of Appeals again tacitly approved the civil negligence standard for prosecution of child abuse. Id. at 419, 796 P.2d at 1115. The Court upheld the trial court’s rejection of the defendant's tendered instruction on negligence, which was patterned after Coe, because it determined that the refused instruction was incorporated into the instruction setting forth an ordinary negligence standard. Id. at 418, 796 P.2d at 1114.
We have stated, however, in the context of a reckless driving conviction, that mere civil negligence “not amounting to wilful or wanton disregard of consequences cannot be made the basis of a criminal action.” See Raton v. Rice, 52 N.M. 363, 365, 199 P.2d 986, 987 (1948). In Raton v. Rice, we went on to say broadly:
[m]ere negligence is not sufficient. It may be sufficient to compel the driver to respond in damages. However, when it comes to responding to an accusation of involuntary manslaughter, with the possibility of a penitentiary sentence, a different rule is called into play.
Id. (quoting State v. Sisneros, 42 N.M. 500, 513, 82 P.2d 274, 281 (1938) (Zinn, J., concurring)) (emphasis added). We can find no clearly articulated basis for the rationale in Raton v. Rice except for the intuitive notion that a higher standard than tort negligence should be applied when the crime is punishable as a felony.
Indeed, most commentators urge the application of criminal negligence for felonies instead of the civil negligence standard. Typically, the commentators explain their preference for criminal negligence over civil negligence as a standard in criminal law by relying on common-sense justifications based upon the traditional application of heightened standards of culpability to crimes punishable with jail sentences.
2. Case Law from Other Jurisdictions
Courts from other jurisdictions have wrestled with the issue of whether a civil negligence standard could apply in a criminal action. No other court has addressed the precise issue before us today, but the opinion in State v. DeBerry, 185 W.Va. 512, 408 S.E.2d 91, cert. denied, — U.S. -, 112 S.Ct. 592, 116 L.Ed.2d 616 (1991), comes closest. In that case, the Supreme Court of Appeals of West Virginia held that its child abuse statute, in which the operative element was “neglect,” did not require a showing either of intent or civil negligence. The court rejected the defendant’s claim that the statute was void for vagueness, holding instead that the legislature may define a crime without requiring a showing of intent. See id. at 516, 408 S.E.2d at 95 (citing State v. Lucero, 87 N.M. 242, 531 P.2d 1215 (Ct.App.), cert. denied, 87 N.M. 239, 531 P.2d 1212 (1975)). The court in DeBerry also rejected the State’s equating of “neglect” with ordinary negligence, ruling instead that a higher degree of negligence was required. See DeBerry, 408 S.E.2d at 95 n. 6. Accordingly, the court held that the term “neglect” was not unconstitutionally vague in violation of due process of law. Id. at 96. No rationale was given, however, for the ruling that criminal negligence was required.
3. Vagueness and Overbreadth
We do not perceive the problem here as one in which persons of common intelligence must guess at the meaning of an element in a criminal statute and thereby differ as to its application, thus violating the vagueness doctrine under the due process clause of our Constitution. See State v. Benny K, 110 N.M. 237, 243, 794 P.2d 380, 386 (Ct.App.1990). Persons of common intelligence certainly could apply either the civil negligence standard or the criminal negligence standard without having to guess as to what conduct was proscribed under each standard.
Instead, we believe that the issue is more one of overbreadth than vagueness. In the ordinary sense of the word “over-broad,” the term “negligently” in the child abuse statute has cast its net too far and encompasses conduct that the statute cannot be interpreted to proscribe. The constitutional doctrine of overbreadth, however, serves to invalidate a statute only when it sweeps so broadly to impinge unnecessarily on conduct protected by the First and Fourteenth Amendments. See State v. Silva, 86 N.M. 543, 547, 525 P.2d 903, 907 (Ct. App.), cert, denied, 86 N.M. 528, 525 P.2d 888 (1974); see also State v. Pierce, 110 N.M. 76, 81, 792 P.2d 408, 413 (1990). No such constitutionally protected conduct is involved here.
4. Statutory Construction
As discussed above, there is no basis for declaring the child abuse statute unconstitutional under the void for vagueness or overbreadth doctrines, both of which find their genesis in the due process clause. We believe that the real problem here is not one of legislative enactment, but instead one of judicial interpretation.
It is well-settled in our state that a statute defining criminal conduct must be strictly construed. Bokum Resources Corp. v. New Mexico Water Quality Control Comm’n, 93 N.M. 546, 549, 603 P.2d 285, 288 (1979). Any doubts about the construction of penal statutes must be resolved in favor of lenity. State v. Leiding, 112 N.M. 143, 145, 812 P.2d 797, 799 (Ct.App.), cert. denied, 112 N.M. 77, 811 P.2d 575 (1991). A criminal statute may not be applied beyond its intended scope, and it is a fundamental rule of constitutional law that crimes must be defined with appropriate definiteness. State v. Bybee, 109 N.M. 44, 46, 781 P.2d 316, 318 (Ct.App.1989).
We find guidance from an analogous situation in which courts have addressed whether a criminal statute that completely omits the mental state element required a showing of mens rea or whether it was a statute defining a strict liability crime. Generally, a regulatory measure arising from the exercise of the legislature’s police power is aimed at the achievement of some societal good rather than at the punishment of a crime that is malum in se, or in other words, exhibiting an “evil mind.” See United States v. Balint, 258 U.S. 250, 252, 42 S.Ct. 301, 302, 66 L.Ed. 604 (1922); State v. Barber, 91 N.M. at 766, 581 P.2d at 29. Serious nonregulatory crimes, on the other hand, generally proscribe conduct manifesting moral culpability. See State v. Ortega, 112 N.M. 554, 562, 817 P.2d 1196, 1204 (1991).
Penalties for regulatory or public welfare crimes having no element of mens rea, that is, strict liability crimes, have traditionally been relatively slight Morissette v. United States, 342 U.S. 246, 256, 72 S.Ct. 240, 246, 96 L.Ed. 288 (1952). To analogize, for example, each of the other criminal statutes in New Mexico in which “negligence” is an element also fail to define that term, but each of them is punishable as a petty misdemeanor, which is consistent with the view that only a showing of ordinary civil negligence is required. See NMSA 1978, § 30-7-4 (Repl.Pamp. 1984) (negligent use of deadly weapon); NMSA 1978, § 30-7-6 (Repl.Pamp.1984) (negligent use of explosives); NMSA 1978, § 30-8-13 (Repl.Pamp.1984) (negligently permitting livestock upon public highways). Conversely, when scienter is an element of the crime, the penalty generally is higher because “the infamy is that of a felony, which ... is ‘as bad a word as you can give to man or thing.’ ” Morissette, 342 U.S. at 260, 72 S.Ct. at 248; see, e.g., NMSA 1978, § 30-17-5(B) (Repl.Pamp.1984) (requiring recklessness as element of negligent arson, which is a felony). In other words, when moral condemnation and social opprobrium attach to the conviction of a crime, the crime should typically reflect a mental state warranting such contempt.
We believe that there is a reasonable doubt as to the intended scope of proscribed conduct under the child abuse statute. Strictly construing the statutory language in favor of lenity, and in the absence of a clear legislative intention that ordinary civil negligence is a sufficient predicate for a felony, we conclude that the civil negligence standard, as applied to the child abuse statute, improperly goes beyond its intended scope and criminalizes conduct that is not morally contemptible. See State v. Grover, 437 N.W.2d 60, 63 (Minn. 1989) (interpreting element of negligence in criminal statute as requiring criminal negligence, absent clear legislative declaration that civil negligence is sufficient standard for crime). Although not constitutionally protected, such conduct nevertheless lies beyond the intended scope of the statute. We construe the intended scope of the statute as aiming to punish conduct that is morally culpable, not merely inadvertent.
We interpret the mens rea element of negligence in the child abuse statute, therefore, to require a showing of criminal negligence instead of ordinary civil negligence. That is, to satisfy the element of negligence in Section 30-6-l(C), we require proof that the defendant knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.
We do not find the absence of a definition of negligence in the statute indicative of legislative intent, and we are not persuaded by the State’s contention that when the legislature has meant to apply a criminal negligence standard, it has specifically done so as in the case of negligent arson. See NMSA 1978, § 30-17-5(B) (Repl.Pamp.1984) (requiring recklessness as element of negligent arson). We also reject the State’s contention that the legislature tacitly approved of the civil negligence standard as interpreted by our courts when it upgraded the violation of the child abuse statute from a fourth-degree felony to a third-degree felony in 1989. Instead, we find this concept firmly rooted in our jurisprudence: When a crime is punishable as a felony, civil negligence ordinarily is an inappropriate predicate by which to define such criminal conduct. See Raton v. Rice, 52 N.M. at 365, 199 P.2d at 987.
Because the child abuse statute contains no indication that the legislature intended felony punishment to attach to ordinary negligent conduct under Section 30-6-l(C), we do not address the constitutionality of that provision. See Grover, 437 N.W.2d at 63. We simply construe the statute as requiring at least a showing of criminal negligence in the absence of some contrary indication from the legislature that “the public interest in the matter is so compelling or that the potential for harm is so great that the interests of the public must override the interests of the individual” so as to justify civil negligence as a predicate for a felony. See State v. Barber, 91 N.M. 764, 765, 581 P.2d 27, 28 (Ct.App.1978) (setting out rationale for making act criminal without requiring element of intent).
C. Reversible Error
Having determined that the trial court committed error in failing to instruct the jury on a criminal negligence standard, we must now consider whether the error was harmless or whether it so undermined the reliability of the conviction or prejudiced the defendant’s rights as to warrant reversal of his conviction. State v. Orosco, 113 N.M. 780, 783, 833 P.2d 1146, 1149 (1992). Failure to instruct the jury on an essential element of the charged offense has been held to be reversible error. See Ortiz v. State, 106 N.M. 695, 697, 749 P.2d 80, 82 (1988); Reese v. State, 106 N.M. 498, 501, 745 P.2d 1146, 1149 (1987); State v. Mascarenas, 86 N.M. 692, 694, 526 P.2d 1285, 1287 (Ct.App.1974). When there can be no dispute that the essential element was established, however, failure to instruct on that element does not require reversal of the conviction. Orosco, 113 N.M. at 784, 833 P.2d at 1150.
Santillanes’ defense was that his nephew injured himself when he jumped into a fishing line strung between two trees. He did not argue that he inadvertently caused the boy’s throat to be cut. In addition, evidence in the record shows that his nephew’s throat was cut from just below his right ear across to the left side of his neck below his jaw.
The jury found that Santillanes cut his nephew’s throat with a knife during a scuffle. We believe that no rational jury could have concluded that Santillanes cut his nephew’s throat, resulting in the injury described above, without satisfying the standard of criminal negligence that we have adopted today. Concluding that there could be no dispute that the element of criminal negligence was established by the evidence in the case, we hold that the error in instructing the jury on a civil negligence standard instead of a criminal negligence standard was not reversible error. See id. at 786, 833 P.2d at 1152.
D. Prospective Application
The question will arise as to whether our new interpretation of “negligently” under the child abuse statute is to be given retrospective or prospective application. See State v. Jones, 44 N.M. 623, 630-31, 107 P.2d 324, 329 (1940) (reliance on prior law is critical issue when considering retroactive application). The issue of retroactive effect arises only when a court’s decision overturns prior case law or makes new law when law enforcement officials have relied on the prior state of the law. State v. Kaiser, 91 N.M. 611, 615, 577 P.2d 1257, 1261 (Ct.App.), cert. denied, 91 N.M. 491, 576 P.2d 297 (1978). Many times in the past, the courts of this state have given prospective effect to new principles that changed existing law. See, e.g., State v. Gonzales, 111 N.M. 590, 598, 808 P.2d 40, 48 (Ct.App.), cert. denied, 111 N.M. 416, 806 P.2d 65 (1991) (proscription of prosecutor’s systematic use of peremptory challenges to eliminate persons from jury on basis of race held to apply to all cases then pending on direct review, provided issue was raised and preserved below); Washington v. Rodriguez, 82 N.M. 428, 431, 483 P.2d 309, 312 (Ct.App.1971) (United States Supreme Court decisions in Miranda and Escobedo not applied retroactively).
It is within the inherent power of this Court to give its decision prospective or retroactive application without offending constitutional principles. Lopez v. Maez, 98 N.M. 625, 632, 651 P.2d 1269, 1276 (1982). The United States Supreme Court in Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965), provided the framework for determining whether a judicial decision shall apply prospectively or retroactively. In Linkletter, Supreme Court considered whether to give retroactive application to the exclusionary rule that it announced in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). The Court held that the United States Constitution neither prohibits nor requires retroactive application of judicial decisions. Linkletter, 381 U.S. at 629, 85 S.Ct. at 1737-38. The Court then stated that retrospective or prospective application must be determined on a casé by case basis by looking at three issues: the purpose of the new rule, the reliance placed upon the old rule, and the effect upon the administration of justice that retroactive application would have. Id. at 636, 85 S.Ct. at 1737, 1738; see Whenry v. Whenry, 98 N.M. 737, 739-40, 652 P.2d 1188, 1190-91 (1982) (applying criteria set out in Linkletter).
Law enforcement officials in this State have relied on the civil negligence standard in the child abuse statute for at least fifteen years. Our appellate courts on several occasions have upheld such convictions and approved of the application of the tort negligence standard. “ ‘The past cannot always be erased by a new judicial declaration,’ ” and we cannot remove every trace of the convictions predicated upon the civil negligence standard from our jurisprudence. See Linkletter, 381 U.S. at 636, 85 S.Ct. at 1737, 1738.
The purpose of the criminal negligence standard is to deter behavior that is culpable or, in other words, conduct that entails greater risk or fault than mere inadvertence or simple negligence. Applying this rule retroactively would not further its purpose because all such conduct was proscribed under the civil negligence standard, nor could it deter past conduct.
Finally, equal administration of justice and the integrity of the judicial process requires prospective application of the criminal negligence standard in the child abuse statute. To give our holding today retroactive effect would unduly burden the criminal justice system. It could reopen old wounds and create new scars for child abuse victims and their families, wounds that they may not have forgotten, but from which they may have healed and recovered.
Having weighed the considerations enunciated in Linkletter, we conclude that the inequities and injustices of retroactively applying the criminal negligence standard in the child abuse statute mandate the prospective application of our holding today.
IV. CONCLUSION
The legislature is the proper branch of government to determine what behavior should be proscribed under its police power and thus to define criminal behavior and provide for its punishment. State v. Dennis, 80 N.M. 262, 264, 454 P.2d 276, 278 (Ct.App.1969). There are limits, however, to the power of the legislature. The legislature may properly exercise its police power only if the statute is reasonably necessary to prevent manifest or anticipated evil or if it is reasonably necessary to preserve the general welfare or the public health, safety, and morals. Id. As in the past, this Court disclaims any intention of even suggesting to the legislature how it might conduct its affairs. See Dillon v. King, 87 N.M. 79, 85, 529 P.2d 745, 751 (1974) (citing Marbury v. Madison, 5 U.S. [1 Cranch] 137, 2 L.Ed. 60 (1803)). Nevertheless, it is “our function and duty to say what the law is____” Id.
We emphasize that we are not defining the crime of negligent child abuse, thus usurping the police power of the legislature. Rather, we are interpreting the statute in light of traditional concerns regarding the intended scope of criminal statutes. We believe that the application of the civil negligence standard in the prosecution of child abuse under Section 30-6-l(C) goes beyond the statute’s intended scope and impermissibly criminalizes innocent conduct. Converting a tort case into a criminal matter punishable as a felony is not what the statute intended.
In summary, because Section 30-6-l(C) has been interpreted to criminalize innocent conduct, although negligent in the civil sense, that interpretation is erroneous. All opinions of this Court and of the Court of Appeals, therefore, that are inconsistent in any way with the analysis contained herein regarding criminal negligence are expressly overruled. The conviction of Santillanes, however, is affirmed in the absence of reversible error. The standard of criminal negligence that we have adopted today shall govern all cases which are now pending on direct review, provided the issue was raised and preserved below, and all cases presently pending but in which a verdict has not been reached.
IT IS SO ORDERED.
RANSOM, C.J., and BACA, MONTGOMERY, and FRANCHINI, JJ., concur.
. When Santillanes was convicted, the offense was a fourth-degree felony; it is now a third-degree felony. See NMSA 1978, § 30-6-1 (Cum. Supp.1992).
. It appears from our research that New Mexico’s child abuse statute is unique in defining the proscribed conduct in terms of negligence rather than in terms of criminal or culpable negligence.
. See, e.g., State v. Lucero, 98 N.M. 204, 647 P.2d 406 (1982); State v. Crislip, 110 N.M. 412, 796 P.2d 1108 (Ct.App.), cert. denied, 110 N.M. 260, 794 P.2d 734 (1990); State v. Williams, 100 N.M. 322, 670 P.2d 122 (Ct.App.), cert. denied, 100 N.M. 259, 669 P.2d 735 (1983); State v. Fulton, 99 N.M. 348, 657 P.2d 1197, (Ct.App. 1983); State v. Robinson, 93 N.M. 340, 600 P.2d 286 (Ct.App.), cert. denied, 92 N.M. 532, 591 P.2d 286 (1979); State v. Coe, 92 N.M. 320, 587 P.2d 973 (Ct.App.), cert. denied, 92 N.M. 353, 588 P.2d 554 (1978); State v. Lucero, 87 N.M. 242, 531 P.2d 1215 (Ct.App.), cert. denied, 87 N.M. 239, 531 P.2d 1212 (1975).
The only recorded dissent against the constitutionality of Section 30-6-1 is found in Lucero, 87 N.M. at 245, 531 P.2d at 1219 (Sutin, J., dissenting) (concluding that definition of “negligently” is inconsistent with definitions of “tortured," "cruelly confined,” and "cruelly punished”).
. Noted scholars LaFave and Scott stated for example:
It came to be the general feeling of the judges when defining common law crimes (not always so strongly shared later by the legislatures when defining statutory crimes) that something more was required for criminal liability than the ordinary negligence which is sufficient for tort liability. The thought was this: When it comes to compensating an injured person for damages suffered, the one who has negligently injured an innocent victim ought to pay for it; but when the problem is one of whether to impose criminal punishment on the one who caused the injury, then something extra — beyond ordinary negligence — should be required.
1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 3.7, at 326 (1986); see also Rollin M. Perkins & Ronald N. Boyce, Criminal Law 842 (3d ed. 1982) ("Common sense compels the conclusion that there may be a grade or degree of fault sufficient to call for the payment of damages in a civil suit, but quite insufficient to authorize criminal punishment, and this is exactly the result reached by the common law.").
. The vagueness doctrine is based on the principle of fair notice in that no one may be held criminally responsible and subject to criminal sanctions for conduct without fair warning as to the nature of the proscribed activity. See State v. Najera, 89 N.M. 522, 522, 554 P.2d 983, 983 (Ct.App.1976).
. The legal doctrine of overbreadth applies when the statute in question has been interpreted as sweeping unnecessarily broadly, thus impinging on constitutionally protected conduct. See 16C C.J.S. Constitutional Law § 974, at 284 (1985).
. Those opinions specifically overruled insofar as they employed a civil negligence standard in the prosecution of child abuse are: State v. Crislip, 110 N.M. 412, 796 P.2d 1108 (Ct.App.), cert. denied, 110 N.M. 260, 794 P.2d 734 (1990); State v. Williams, 100 N.M. 322, 670 P.2d 122 (Ct.App.), cert. denied, 100 N.M. 259, 669 P.2d 735 (1983); State v. Robinson, 93 N.M. 340, 600 P.2d 286 (Ct.App.), cert. denied, 92 N.M. 532, 591 P.2d 286 (1979); State v. Coe, 92 N.M. 320, 587 P.2d 973 (Ct.App.), cert. denied, 92 N.M. 353, 588 P.2d 554 (1978); and State v. Adams, 89 N.M. 737, 557 P.2d 586 (Ct.App.), cert. denied, 90 N.M. 7, 558 P.2d 619 (1976).
| CASELAW |
User:DraculavanHelsing/Books/Medieval Romania
Medieval Romania
* Alexander I of Moldavia
* Banat in the Middle Ages
* Basarab I of Wallachia
* Battle of Baia
* Battle of Lipnic
* Battle of Posada
* Battle of the Cosmin Forest
* Battle of Valea Albă
* Battle of Vaslui
* Black Hungarians
* Bogdan I of Moldavia
* Dacia
* Despotate of Dobruja
* Dragoș, Voivode of Moldavia
* Foundation of Wallachia
* Founding of Moldavia
* Golden Horde
* History of Transylvania
* Ispán
* John Hunyadi
* Mircea I of Wallachia
* Moldavian military forces
* Origin of the Romanians
* Peasant Revolt of Babolna
* Romania in the Early Middle Ages
* Romania in the Middle Ages
* Stephen III of Moldavia
* Unio Trium Nationum
* Vlad the Impaler | WIKI |
Page:Anthony Hope - The Dolly Dialogues.djvu/41
'The cat is that,' said I. 'I would not give a fig for it.'
'And the Dowager taught me the ways of the house.'
'Ah, she taught me the way out of it.'
'And showed me how to be most disagreeable to the servants.'
'It is the first lesson of a housekeeper.'
'And told me what Archie particularly liked, and how bad it was for him, poor boy.'
'What should we do without our mothers? I do not, however, see how I can help in all this, Lady Mickleham.'
'How funny that sounds!'
'Aren't you accustomed to your dignity yet?'
'I meant from you, Mr. Carter.'
I smiled. That is Dolly's way. As Miss Phaeton says, she means no harm, and it is admirably conducive to the pleasure of a tête-à-tête.
'It wasn't that I wanted to ask you about,' she continued, after she had indulged in a pensive sigh (with a dutifully bright smile and a glance at Archie's photograph to follow. Her behaviour always reminds me of a varied and well-assorted menu). 'It was about something much more difficult. You won't tell Archie, will you?'
'This becomes interesting,' I remarked, putting my hat down.
'You know, Mr. Carter, that before I was married—oh, how long ago it seems!'
'Not at all.' | WIKI |
Appendix:Old Irish conjugation of is
Combined forms
* $L$ = triggers lenition
* $L$ = triggers nasalization | WIKI |
Page:Southern Historical Society Papers volume 19.djvu/350
344 Southern Historical Society Papers.
"red right arm " of Jackson, and launched by the genius of Lee, was the thunderbolt to rive asunder McClellan's oak. Johnston's plan would have forestalled preparation by the unexpected, before a change of base was feasible.
Reasons having been presented in opposition to his original plan, Johnston's next design was to encourage an increasing interval between McClellan's troops as the latter approached the Chicka- hominy, and, when he was fairly astride the little river, to attack him. He must do this before McDowell, moving southward from Fredericksburg, could swell the tide of battle against Richmond. On the morning of May 3Oth reconnoissances showed that one entire corps and a part, if not the whole, of another were on the south side of the river. In point of fact, the corps of Heintzelman and Keyes were across, the latter in advance. Heintzelman was at White Oak and Bottom's bridges, with the nearest support to him some six miles distant on the opposite side of the stream. The Chicka- hominy ran between the two wings of the army. Johnston now saw his opportunity, and to see it was to seize it. A violent rain-storm, which fell soon after, swelling the stream and perhaps making it impassable, convinced him that the hoped-for hour had struck. His orders were at once given. Written orders were dispatched to Hill, Huger, and G. W. Smith, and in writing acknowledged. Long- street being near headquarters received his orders verbally. G. W. Smith was to take position on the left to support the attack which the other divisions were to make upon the right. All were to move at daybreak.
Seven Pines, which was to be the chief scene of encounter, is at the junction of the Nine-Mile and Williamsburg roads. Casey's redoubt was a half mile nearer to Richmond. His division and artillery formed the first line to be attacked, the left resting upon White Oak Swamp, the right extending across the York River rail- road. White Oak Swamp, the Williamsburg road, and the railroad are nearly parallel. Johnston expected the blow by his own right to be delivered before 8 A. M., and was confident that the effect of it would be a complete victory on the south side of the swollen Chickahominy. This opinion is fully shared by General Keyes, and published by him in his " Fifty Years' Observations."
Wherever the responsibility may be lodged for the failure to attack not only at 8 A. M., but even as early as noon, the defect was not in Johnston's orders and timely preparations. For some reason, never | WIKI |
The years in which the Romantic Era had its great impact -- roughly 1789 through 1832 -- were years in which there were "intense political, social, and cultural upheavals," according to Professor Shannon Heath at the University of Tennessee at Knoxville (Heath, 2009). The beginning of the Romantic Era actually is traced to the French Revolution, and though that tumultuous event was not in England, William Wordsworth and others sympathized with the French Revolution -- at least at the beginning of the Revolution.
The demands for democracy in the Era were manifested through poems that reflected solidarity with principles of "equality and individuality," Heath explains. The principles of fairness and equality were needed in England as well as in France, and Heath suggests that poets were not just responding to revolutions but rather were critiquing English government. According to Giovanni Pellegrino the struggles for democracy and the "political...
[ View Full Essay] | FINEWEB-EDU |
To what extent did industrial development under Witte make Russia a more stable and prosperous country? Even thought there were problems with Witte's approach to development is not to deny that Russia needed major reform. Its defeat by Western powers in the Crimean War (1853-1856), lack of industrial development, poor infrastructure, left it much weaker than its competitors in Europe. As finance minister, Witte pushed for greater exports, ambitious industrialisation and to get large foreign loans. With these policies he hoped to make Russia a more competitive with the rest of Europe. His plans for Russia's economic development, which, though ambitious and in some ways successful, created new ones, which created long-term implications for the country's economic and social making them unstable. Witte had decided to finance his ambitious industrialise through foreign loans as a way to stimulate economic growth. Once these loans were secured by Witte the county enjoy impressive economic growth, a healthy pace of modernisation as well as other aspects of modernisation within Russia. As by 1900 Witte had seen his ambitious industrialisation start to work from a Russian point of view as industrial production had increased significantly from 1880 to 1900 with coal output 5x higher from 3,290 to 16,160 (thousand tons), petroleum export increased 30x from 382 to 10,684 (thousand ton). Also the railways within 15 years had increase from 5,800km to 59,616km. However Russia failed to recognise is that these loans where short term to strengthen Russia military for the expected world war that was going to happen, which was one of the reason for French and British funding as at they saw Russia as the weak link in their plan if war was to breakout. They also failed to recognise that by taking out large foreign loans made the Russian market vulnerable as if the French economy was to faultier it would mean the end of the loans it needed. Which it did at the end of world war 1 as the French economy was facing major challenges, and its own war effort quickly consumed investment capital that would otherwise have been loaned to Russia to cover the nearly 40% of Russian public debt it was covering stopped. This shows that even though Witte was in the short term successful with foreign loans in the long run it left Russia’s economy unstable. Railroad development was an undeniable benefit, but several other existing policies continued and expanded by Witte were not so beneficent. As Witte in an effort to stimulate Russia's domestic economic growth, he encouraged increased exports of wheat and other agricultural products, as well as high tariffs and other protectionist measures to limit competitive foreign imports. These policies had proved ineffective at the least as Russia's major trading partners both placed high tariffs on Russian grain and found meaning that the finish product was not as cheap or more appealing than the grain being imported from places in North Africa and south America. With Witte policies failing in stimulating domestic growth if he had invested in agriculture to make efficient farming and greater agricultural production it would have created greater surpluses for export. With an increase of available exports it would have helped boost Russia's trade and reduce its reliance on high tariffs. Also in having larger export revenues would have allowed for domestic development without the need to resort to borrowing high amounts abroad. In all even though Russia experienced steady economic growth before World War 1, Witte's eleven-year term as minister of finance left it with many problems. As Russian reliance on foreign capital was inefficient and surrendered an important amount of decision-making power to the strategic needs of another nation. Its agricultural sector remained underdeveloped, underutilized as a source of revenue. Its taxation system failed to access its growing urban financial resources and left it ill prepared to pay the costs of operating a modern state. The fault for these problems lay with an incomplete process of modernization, much of which was directed by Sergei Witte. | FINEWEB-EDU |
ADP Jobs Results Come in Light - Ahead of Wall Street
Wednesday, August 5, 2015
Stocks appear on track to start today's session in the green, with the soft(ish) labor market reading from ADP ( ADP ) likely impacting expectations for the government jobs report on Friday. Labor market readings are particularly important at present as they are believed to be key to the Fed's decision to start the rate hiking process next month or delay it to a later date.
The ADP jobs report came short of expectations. This monthly labor market reading from the largest payroll processor in the country serves as a preview for the all-important monthly non-farm payroll report from the U.S. government's Bureau of Labor Statistics. The ADP read shows gains of 185K in July relative to estimates of 210K and the prior month's 229K gain (prior month revised down from 237K). This report could put downward pressure on estimates for Friday's BLS report, which currently stand at 212K, per Bloomberg.com.
The July gains were concentrated in the service sector of the economy, with the bulk of the jobs coming from small and medium-sized employers. In the aggregate, the services providing industries added 178K in July while goods-producing industries added only 8K. The Construction industry had another good month, adding 12K positions during the month, while manufacturing added only 2K jobs in July. The construction strength is in-line with what we have been seeing in other housing related readings like housing starts and new home sales numbers.
The service-sector ISM survey coming out a little later will likely reconfirm the continued momentum on the service side of the economy, though the tepid manufacturing sector results are in-line with other readings of the sector, as was the case in Monday's manufacturing ISM survey. In terms of business size, large businesses (500 or more employees) added 64K jobs, medium-sized businesses added 62K, while small businesses with less than 50 employees in total added 59K jobs.
On a month-to-month basis, the ADP report can be out-of-sync with the corresponding government jobs report, but the two reports do move together in the long run. Both reports showed the labor market losing steam in Q1 as the economy lost momentum, but we saw a pick-up in both reports in Q2 and hat trend appears to have continued in the current period as well. Today's reading a bit on the disappointing side, but not in any meaningful way; it still remains largely within the monthly rage over the last 12 months.
The key takeaway from this and other economic readings from the Fed perspective is that the economy is on firm enough grounds to enable them to start the tightening process from the September FOMC meeting. Unless we see a disappointing BLS jobs report this Friday, a September lift-off is very much on the table.
Sheraz Mian
Director of Research
Note: In order to get an email alert each time this author publishes a new article, click on the 'Follow Author' link at the bottom of the top-right box of links. In addition to this pre-market open daily article about the market, economy, and the corporate earnings picture, Sheraz also provides detailed earnings analysis in his weekly Earnings Trends and Earnings Preview reports.
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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 |
Jon Matsumoto
Jonathan Richard Matsumoto (born October 13, 1986) is a Canadian-German professional ice hockey player who is currently playing for Krefeld Pinguine of the DEL2.
Playing career
Matsumoto began playing collegiate hockey for the Bowling Green State University Falcons during the 2004-05 season. He became just the third freshman in Falcons' history to lead the team in scoring. After two successful seasons, he was drafted by the Philadelphia Flyers in the third round, 79th overall, of the 2006 NHL Entry Draft.
Following his junior season, Matsumoto began working out with the Flyers' AHL affiliate, the Philadelphia Phantoms. Flyers' management liked what they saw, and on March 14, 2007, Matsumoto decided to forgo his senior season and signed an entry-level contract with the Flyers. He was assigned to the Phantoms and made his professional debut on March 16, 2007. On June 26, 2010, Philadelphia traded Matsumoto to the Carolina Hurricanes for a 2010 seventh-round draft pick. Four months later Matsumoto made his NHL debut on November 1 against the Flyers. Matsumoto scored his first NHL goal on November 3, 2010 against Rick DiPietro of the New York Islanders. The game was also his first multi-goal game in the NHL, as he added a second goal in the third period.
Matsumoto was traded by the Hurricanes to the Florida Panthers on January 18, 2012 with Mattias Lindström, in exchange for Evgenii Dadonov and A. J. Jenks.
On July 12, 2012, Matsumoto was signed as a free agent by the San Jose Sharks. He was directly assigned to the Worcester Sharks to start the 2012–13 season due to the NHL lockout. After scoring 32 points in 60 games, Matsumoto was loaned to the Chicago Wolves to end the year on April 8, 2013.
On July 8, 2013, Matsumoto returned to the Florida Panthers organization as a free agent, signing a one-year contract.
After spending the first 7 professional seasons of his career in North America, on May 26, 2014, Matsumoto agreed to his first European contract, signing a one-year deal with German club, Schwenninger Wild Wings of the DEL. After a season with the Wild Wings, Matsumoto joined fellow DEL competitor, Augsburger Panther on a one-year deal on July 23, 2015. He made 52 appearances for the Panthers, tallying 20 goals and 29 assists.
On May 2, 2016, he put pen to paper on a deal with EHC München that had captured the German championship only some weeks earlier. Matsumoto won German championship titles with München in 2017 and 2018, earning DEL Playoff MVP distinction in 2018. On May 4, 2018, he signed with fellow DEL side Iserlohn Roosters.
Matsumoto continued his scoring pace in the 2018–19 season with the Roosters, potting a DEL personal best of 22 goals and 56 points in just 52 games. Despite interest to remain by the club to remain in Iserlohn, Matsumoto continued to build upon his journeyman status in the DEL, signing a one-year contract with his fifth German club, Kölner Haie, on May 2, 2019.
Following four seasons with the Sharks in the DEL, Matsumoto opted to extend his professional career by signing a one-year contract with second tier club, Krefeld Pinguine of the DEL2, on June 30, 2023. | WIKI |
Process control
From Wikipedia, the free encyclopedia
(Redirected from Process Control)
Jump to: navigation, search
See also: Control theory
Main article: Automation
Example of control system of a continuous stirred-tank reactor.
Control panel of a nuclear reactor.
Process control is an engineering discipline that deals with architectures, mechanisms and algorithms for maintaining the output of a specific process within a desired range. For instance, the temperature of a chemical reactor may be controlled to maintain a consistent product output.
Process control is extensively used in industry and enables mass production of consistent products from continuously operated processes such as oil refining, paper manufacturing, chemicals, power plants and many others. Process control enables automation, by which a small staff of operating personnel can operate a complex process from a central control room.
Background[edit]
Block diagram of a of closed control (Feedback) loop
Example of a continuous flow control loop. Signalling is by industry standard 4-20 mA current loops, and a "smart" valve positioner ensures the control valve operates correctly.
Process control may either use feedback or it may be open loop. Control may also be continuous (automobile cruise control) or cause a sequence of discrete events, such as a timer on a lawn sprinkler (on/off) or controls on an elevator (logical sequence).
A thermostat on a heater is an example of control that is on or off. A temperature sensor turns the heat source on if the temperature falls below the set point and turns the heat source off when the set point is reached. There is no measurement of the difference between the set point and the measured temperature (e.g. no error measurement) and no adjustment to the rate at which heat is added other than all or none.
A familiar example of feedback control is cruise control on an automobile. Here speed is the measured variable. The operator (driver) adjusts the desired speed set point (e.g. 100 km/hr) and the controller monitors the speed sensor and compares the measured speed to the set point. Any deviations, such as changes in grade, drag, wind speed or even using a different grade of fuel (for example an ethanol blend) are corrected by the controller making a compensating adjustment to the fuel valve open position, which is the manipulated variable. The controller makes adjustments having information only about the error (magnitude, rate of change or cumulative error) although settings known as tuning are used to achieve stable control. The operation of such controllers is the subject of control theory.
A commonly used control device called a programmable logic controller, or a PLC, is used to read a set of digital and analog inputs, apply a set of logic statements, and generate a set of analog and digital outputs.
For example, if an adjustable valve were used to hold level in a tank the logical statements would compare the equivalent pressure at depth setpoint to the pressure reading of a sensor below the normal low liquid level and determine whether more or less valve opening was necessary to keep the level constant. A PLC output would then calculate an incremental amount of change in the valve position. Larger more complex systems can be controlled by process control systems like Distributed Control System (DCS) or SCADA.
Hierarchy of process control[edit]
Functional levels of a manufacturing control operation.
The accompanying diagram is a general model which shows functional manufacturing levels in a large process using computerised control.
Referring to the diagram;
• Level 0 contains the field devices such as flow and temperature sensors, and final control elements, such as control valves
• Level 1 contains the industrialised Input/Output (I/O) modules, and their associated distributed electronic processors.
• Level 2 contains the supervisory computers, which collate information from processor nodes on the system, and provide the operator control screens.
• Level 3 is the production control level, which does not directly control the process, but is concerned with monitoring production and monitoring targets
• Level 4 is the production scheduling level.
Types of processes using process control[edit]
Processes can be characterized as one or more of the following forms:
• Discrete – Found in many manufacturing, motion and packaging applications. Robotic assembly, such as that found in automotive production, can be characterized as discrete process control. Most discrete manufacturing involves the production of discrete pieces of product, such as metal stamping.
• Batch – Some applications require that specific quantities of raw materials be combined in specific ways for particular durations to produce an intermediate or end result. One example is the production of adhesives and glues, which normally require the mixing of raw materials in a heated vessel for a period of time to form a quantity of end product. Other important examples are the production of food, beverages and medicine. Batch processes are generally used to produce a relatively low to intermediate quantity of product per year (a few pounds to millions of pounds).
• Continuous – Often, a physical system is represented through variables that are smooth and uninterrupted in time. The control of the water temperature in a heating jacket, for example, is an example of continuous process control. Some important continuous processes are the production of fuels, chemicals and plastics. Continuous processes in manufacturing are used to produce very large quantities of product per year (millions to billions of pounds).
Applications having elements of discrete, batch and continuous process control are often called hybrid applications.
Examples[edit]
• An anti-lock braking system (ABS) is a complex example, consisting of multiple inputs, conditions and outputs.
• Aircraft stability control is a highly complex example using multiple inputs and outputs.
See also[edit]
External links[edit] | ESSENTIALAI-STEM |
China backs ally Venezuela, says Constituent Assembly vote 'generally smooth'
BEIJING (Reuters) - Venezuela’s close ally China said it believed voting in the country’s Constituent Assembly election was “generally held smoothly”, brushing off widespread condemnation from the United States, Europe and others and evidence of voting irregularities. The U.S. government slapped sanctions on Venezuelan President Nicolas Maduro earlier on Monday in response to Sunday’s election, which it called a “sham”. Governments from Spain to Canada to Argentina and Peru joined Washington in denouncing the vote, which was boycotted by the opposition and widely seen as an affront to democracy. Venezuela inflated the turnout figures for its constituent assembly election by at least 1 million votes, the company that provides the country’s voting machines said on Wednesday, an accusation the government quickly dismissed as “irresponsible.” But in a statement late on Wednesday, China’s Foreign Ministry said it had noted that the elections were “generally held smoothly”, though it also noted “the reaction from all relevant sides”. China does not believe in interfering in the internal affairs of other countries, it added. “We sincerely hope that all sides in Venezuela can orderly resolve the relevant issue with peaceful dialogue within a legal framework, and protect the country’s stability and socio-economic development,” the ministry said. “China believes that the Venezuelan government and people have the ability to properly handle their internal affairs. A stable developing Venezuela accords with all sides interests.” China and oil-rich Venezuela have a close diplomatic and business relationship, especially in energy. Reporting by Ben Blanchard; Editing by Michael Perry | NEWS-MULTISOURCE |
Page:Encyclopædia Britannica, Ninth Edition, v. 11.djvu/287
Rh what he did as a politician than by what he wrote as a man of letters, and by what Le was as a man ; and in these respects he takes rank amongst the most illustrious repre- sentatives of his nation and his age. GUJARAT. See. GUJRÁNWÁLA, a British district in the Punjab, lying between 31° 32’ and 32° 33’ N. lat., and between 73° 11’ 30” and 74° 23’ 15” E. long., with an area (1877) of 2563 square miles, and population (1868) of 550,576. It is bounded on the N.W. by the river Chenab, on the 5. and 8.E. by the districts of Jhang and Lahore, and on the E. by the district of Sialkot. This district forms the central portion of the Rechna Dodh, intermediate between the fertile submontane plains of Sialkot and the desert expanses of Jhang. On the northern frontier, a belt of alluvial land, some 2 to 6 miles in breadth, fringes the Chendb through- out its course. The southern portion of the plateau has a rich soil, with accessible water ; the villages here lie close together, while the people are careful and industrious cultivators. But further south the ground becomes harder and drier until in the extreme south the ldr, a flat expanse of barren land, passes slowly into the desert of Jhang. In the south-east corner of the district, the little river Degh irrigates and fertilizes a tiny valley of its own. Two or three minor watercourses are used for the purposes of irrigation in the villages through which they pass. The country 1s very bare of trees, and the scenery throughout is tame and in the central plateau becomes very monotonous. The district of Gujranwala is essentially a modern one; yet it can claim considerable relics of the past, constructed during an early period of prosperity. It seems lkely that the district once contained the capital of the Punjab, at an epoch when Lahore had not begun to exist. We learu from the Chinese Buddhist pilgrim,, that about he visited a town known as Tse-kia (or Taki), the metropolis of the whole country of the five rivers. A mound near the modern village of Asazur has been identified as the site of the ancient capital. Until the Mahometan invasions little is known of Gujranwdla except that Taki had fallen into oblivion and Lahore had become the chief city. Under Malometan rule the district flour- ished for a time; but a mysterious depopulation fell upon the tract, and the whole region seems to have been almost entirely abandoned. At the first beginning of the Sikh war, the waste plains of Gujranwala were seized by vari- ous military adventurers. Charat Sinh tvok possession of the village of Gujranwala, and here his grandson the great maharaja Ranjit Sinh was born. The Sikh rule, which was elsewhere so disastrous, appears to have been an unmitigated benefit to this district. Ranjit Sinh settled large colonies in the various villages, and encouraged culti- vation throughout the depopulated plain. In 1847 the district came under British influence, in connexion with the regency at Lahore; and in 1849 it was included in the territory annexed after the second Sikh war. Since that time Gujranwala las enjoyed an immunity from the cata- strophes of history, with the exception of the events of 1857, which belong to the general annals of India.
1em
, the chief town and administrative head- quarters of the above district, in 32° 9’ 30” N. lat. and 74° 14’ E. long., with a population in 1868 of 19,381, The town is situated on the Grand Trunk road and Northern State Railway, 40 miles north of Lahore. It is of modern creation, and owes its importance to the father and grand- father of Maharaja Ranjit Sinh, whose capital it formed during the early period of the Sikh power. There is a mausoleum to Mahan Sinh, father of Ranjit Sinh, and a lofty cupola covers a portion of the ashes of the mabarajé himself. The civil station lies a mile south-east of the native town. It contains the court-house, treasury, jail, dispensary, post-office, staging bungalow, and church. GUJRÁT, or, a British district in the Punjab, lying between 32° 10’ 30” and 33° N. lat., and between 73° 20’ and 74° 31’ E. long. ; area (1877), 2029 square miles ; population (1868), 616,317 souls. It is bounded on the N.E. by the native state of Kashmir, on the N.W. by the river Jhilam, on the W. by Shahpur district, and on the S.E. by the rivers Tavi and Chendb. The district of Gujrat comprises a narrow wedge of sub-Himdalayan plain country, possessing few natural advantages. From the basin of the Chendb on the south the general level rises rapidly towards the interior, which, owing to the great distance of the water beneath the surface, assumes a dreary and desert aspect. <A range of low hills, known as the Pabbi, traverses the northern angle of Gujrat. They are composed of a friable Tertiary sandstone and conglomerate, totally destitute of vegetation, and presenting to the view a mere barren chaos of naked rock, deeply scored with pre- cipitous ravines. Immediately below the Pabbi stretches a high plateau, terminating abruptly in a precipitous bluff some 200 feet in height. At the foot of this plateau is a plain, which forms the actual valley of the Chendb and participates in the irrigation from the river bed. The district as a whole is well wooded, and great attention has been paid to arboriculture. Numerous relics of antiquity stud the surface of Gujrat district. Mounds of ancient construction yield numbers of early coins, and bricks are found whose size and type prove them to belong to the prehistoric period of Hindu architec- ture. A mound now occupied by the village of Moga or Mong has been identified as the site of Nicia, the city built by Alexander the Great on the field of his victory over Porus. The Delhi empire established its authority in this district under Balilol Lodi (–). it was visited by Akbar, who founded Gujrat as the seat of government. During the decay of the Mughal power, the Ghakkars of Rawal Pindi overran this portion of the Punjab and established themselves in Gujrat about 1741. Meanwhile the Sikh power had been asserting itself in the eastern Punjab, and in 1765 the Ghakkar chief was defeated by Sardar Gujar Sinh, chief of the Bhangi con- federacy. On his death, his son succeeded him, but after afew months’ warfare, in 1798, he submitted himself as vassal to the maharaja Ranjit Smh. In 1846 Gujrat first came under the supervision of British officials. Two years | WIKI |
Solved thread
This post is marked as solved. If you think the information contained on this thread must be part of the official documentation, please contribute submitting a pull request to its repository.
Stored procedure with FROM as a subquery
How can I fetch the result of a stored procedure which FROM clause is a subquery (that has 3 JOINS)? I did a model ('cause of FROM (...) AS tabla), but it only returns null (I'm using fetchAll()). And in MySQL the procedure works perfectly.
92.6k
Could you please post the code that is not working for you?
26.7k
edited Aug '14
Sorry, didn't remember to do that. It's very simple; I do the same por my login (the only part that doesn't remain equal is the fetchAll(), that is a fetch(), and so on). Tabla is the name that I set to the subquery clause of the FROM (FROM (...) AS tabla).
public static function buscarAlumnos($busqueda = '')
{
$sql = "CALL buscarAlumnos('$busqueda');";
$tabla = new Tabla();
$resultados = $tabla->getReadConnection()->query($sql)->fetchAll();
return var_dump($resultados);
}
26.7k
Accepted
answer
After trying again, it works perfectly. The problem was that (don't know how) I was sending a NULL string.
edited Oct '15
You can use this function to call to stored procedure, place it in your model: /*
• Call Stored Procedure
• @author: SirTam
• @email: [email protected]
• @param: name is the name of PROC
• @param: data is the input data for PROC
• @return: results */ public function callStored($name='',$data=[],$mode='all'){ $db = $this->getDI()->get('db'); foreach($data as $key=>$value){ $value = str_replace('"',"'",$value); $data[$key] = '"'.$value.'"'; } $query = $db->query( 'CALL '.$name.'('.implode(',',$data).')' ); $query->setFetchMode(\Phalcon\Db::FETCH_ASSOC); if($mode=='one'){ return $query->fetch(); } return $query->fetchAll(); } | ESSENTIALAI-STEM |
6. In ancient Egypt Grain was ground using Quern Grinding Stone
Image Credit: amazonaws
Ancient Egyptians used their hands and quern grinding stone to grind grains like wheat. These people had no other tool but a grinding stone to make wheat flour as well as other types of spices. The mortar and pestle were also in use back then. Mostly women were the ones who did the grinding job as this was a homely affair. However, the richer households employed slave girls or maids to do the job of grinding. If you see the image shown above, you will notice that a woman tackled this messy task by kneeling almost completely over the quern while using the pestle to grind every bit of the grain.
7. Wine was a much loved Beverage in ancient Egypt
Among all other kinds of beverages, wine was considered to be the most coveted. Around 3000 BC, wine makers fermented the wine using yeast and figs were used for sweetening it. The species used for making wine were Vitis vinifera that was cultivated largely. It was a common practice to carry wine jars to the tombs of the dead so that souls of the deceased could have a feast in afterlife too. Many excavations have hinted that tombs had a prescribed number of wine jars that could be kept inside. From one of the best preserved manuscripts, it was found that Ramses III presented a total of 59,588 wine jars to the ancient Egyptian God Amun. Ancient Egyptians got their best wines from oasis at Bahariya as well as from Jordan Valley.
8. Wine was made by stepping on a trough filled with grapes
It may sound unhygienic and pretty gross when you come to know that ancient Egyptians drank wine that was processed by stepping over grapes in a trough. Yes, this was how wine was made in early Egypt. Men would collect and gather locally available grapes in a large trough. Then, they would step inside it and start grinding the grapes with their feet. This practice is still in use in European countries where women and men take part in wine making competitions. After the juice was extracted, it would then be poured in a clay pot that would bear the date it was processed as well as the vineyard producing it.
Like wine connoisseurs of today, in ancient Egypt there were specially skilled wine tasters in a pharaoh’s court. Their task was to taste the wine and select the best for the king. However, wine was a commodity of luxury preserved for the rich.
9. The ancient Egyptians used food seasoning and additives
Image Credit: slidesharecdn
Ancient Egyptian food was deliciously prepared because we have illustrations and accounts that hint towards using different flavors as seasoning. Food was prepared and then was seasoned with different kinds of herbs and spices. Mostly all food was seasoned with olive oil or oil from veggies like castor, flax seeds, sesame and radish seed. Olive was primarily grown all over the region and was therefore the best choice for seasoning. Apart from oil, other additives used were cinnamon, coriander, pepper, mustard, salt and cumin. For sweetening, Egyptians used dates and figs as sugar was not in the picture those times.
10. Vegetables were consumed as complements to meat and bread
Ancient Egyptian lands were very fertile because of the over flooded Nile basin that rendered the lands fertile. Farmers cultivated grains and vegetables abundantly and hence, it was a daily ritual to include different kinds of veggies in the diet. Egyptian folks consumed lentils, turnips, radishes, onions and garlic as complementary accompaniments. Both the rich as well as the poor consumed vegetables. Unlike meat, veggies were grown regionally and were never in shortage. This made eating these affordable. Vegetables like onion and purple peas originated in Egypt. Some of these veggies were believed to have aphrodisiac properties and were consumed for better sexual performance. | FINEWEB-EDU |
Yeo-Neun
Yeo-Neun is the eighth studio album by South Korean artist Okkyung Lee. It was released on May 8, 2020, by Shelter Press.
Critical reception
Yeo-Neun was met with widespread acclaim reviews from critics. Tom Piekarski of Exclaim! reviewed it is "bound to stand as one of this year's best neoclassical releases." Malvika Padin of The Line of Best Fit described Yeo-Neun as "Beacon of contemporary experimental music". Jonathan Williger of Pitchfork said "She is an exceptionally expressive performer, able to conjure rapture as effectively as unrest."
Track listing
All tracks written by Okkyung Lee.
Personnel
Credits adapted from the liner notes of Yeo-Neun.
Musicians
* Maeve Gilchrist – harp
* Okkyung Lee – cello
* Eivind Opsvik – bass
* Jacob Sacks – piano | WIKI |
Yiyuan Subdistrict, Weihai
Yiyuan Subdistrict is a subdistrict in Torch Hi-tech Industrial Development Zone (火炬高技术产业开发区), Weihai, Shandong, China. , it administers Xiqin Village (西钦村) and the following 38 residential communities:
* Jinhaiwan (金海湾)
* Yihaiyuan (怡海园)
* Binzhoujie (Binzhou Street; 滨州街)
* Donglaotai (东涝台)
* Anhe Community (安和社区)
* Wolongshan (卧龙山)
* Aolin (奥林)
* Hengtaijie (Hengtai Street; 恒泰街)
* Taoyuan (桃园)
* Zhaibei (寨北)
* Bijiatuan (毕家疃)
* Xilaotai (西涝台)
* Shendaokou (神道口)
* Xibeishan (西北山)
* Qingzhoujie Community (Qingzhou Street Community; 青州街社区)
* Zhongshengyuan Community (中盛园社区)
* Houfengxi (后峰西)
* Yunhai Community (云海社区)
* Guanhai Community (观海社区)
* Huaiyun (槐云)
* Qin'an Community (钦安社区)
* Linhai Community (林海社区)
* Xingye Community (兴业社区)
* Gushan Community (古山社区)
* Taihe Community (泰和社区)
* Changchunlu Community (Chanchun Road Community; 长春路社区)
* Lijing Community (丽景社区)
* Duodingshan Community (垛顶山社区)
* Miaoshan Community (苗山社区)
* Fujin Community (福锦社区)
* Hengruijie Community (Hengrui Street Community; 恒瑞街社区)
* Majiashan Community (玛伽山社区)
* Anshanlu Community (Anshan Road Community; 鞍山路社区)
* Hanhai Community (瀚海社区)
* Qidingshan Community (祈顶山社区)
* Anhai Community (安海社区)
* Harbin Institute of Technology Weihai Campus
* Shandong University Weihai Campus | WIKI |
Moles and Lesions
Moles and lesions are common skin irregularities that usually pose no risk to your health. Even though they are typically benign (harmless), it is important to monitor them because they could be an early sign of an underlying condition, such as skin cancer. Even when non-cancerous, some moles and lesions may cause someone to feel self-conscious. Our dermatology providers diagnose and treat moles and lesions at our Trinity, Port Richey, and Spring Hill, FL, locations.
What Are Moles?
Sometimes called nevi or beauty marks, moles are spots that can appear brown, tan, pink, or sometimes blue. They can be flat or raised, and they may be present at birth or develop later in life. They may be anywhere on the skin and can grow or change in appearance over time.
If you notice a mole changing or the sudden appearance of a new mole, you should schedule an appointment with a dermatologist to ensure the changes don’t signal skin cancer. Hormonal fluctuations during puberty or pregnancy can often trigger changes in how moles look.
When Should You Schedule a Mole Check?
Moles usually remain unchanged throughout your life. Certain tell-tale signs called the ABCDEs should prompt you to schedule a mole check at Gulf Coast Medical Center Dermatology & Aesthetics.
Asymmetry (part of the mole doesn’t look like the rest of the mole)
Border irregularity
Color that is not uniform
Diameter is more than 6 mm (about the size of a pencil eraser)
Evolving size, shape, or color
How Are Moles Treated?
No treatment is necessary for most moles unless you’re self-conscious about their appearance. Makeup may help camouflage a mole, but surgical removal is also possible. Mole removal is a common dermatologic surgical procedure that, in most cases, is performed as outpatient surgery. Your dermatologist will numb the area around the mole before meticulously excising it. If warranted, we will screen the mole for cancer or other diseases.
What Are Skin Lesions?
Skin lesions is an umbrella term that covers a wide range of marks, spots, growths, or other abnormal changes in the skin compared to the surrounding tissue. Some common types of skin lesions include:
• Freckles
• Skin tags
• Lentigines (age spots)
• Seborrheic keratosis
Acne is another common type of skin lesion. Most skin lesions are harmless; others, such as actinic keratoses, are precancerous lesions that require treatment. Genetics, sun exposure, and age are primarily responsible for the appearance of skin lesions.
How Is Actinic Keratosis Treated?
Sun exposure causes actinic keratosis, which appears as small areas of thick, scaly crust on the skin. It usually develops after age 4O in people who have spent much of their lives in the sun. If left untreated, the lesion can develop into skin cancer. If a dermatologist diagnoses actinic keratosis, you’ll have some treatment options that may include topical medications applied at home. This treatment is often recommended if you have multiple actinic keratoses.
Actinic keratosis treatments provided at our dermatology clinics include:
Levulan Photodynamic Therapy (PDT)
Photodynamic therapy involves a 2-step treatment that begins with the application of Levulan, a photosensitizing agent that is then stimulated by blue-light therapy. The light activates the solution, which can destroy the keratoses. As the treated skin heals, you’ll see new, healthier skin. We also treat sun-damaged skin, acne, and signs of aging with Levulan PDT. Patients often need 2 treatments spaced several weeks apart to treat actinic keratosis successfully. It’s also important to remain indoors during the day during the first 48 hours after treatments, even on cloudy days.
Chemical Peel
A medical-grade chemical peel applied by one of our dermatology providers destroys the unwanted patches in your top layer of skin. The strength of the peel can be customized for your specific needs. In the first few days, the treated area will be sore and red. As the skin heals, you will see a new, healthy layer of skin.
Curettage and Cautery
For especially thick lesions, your dermatologist may recommend using a special instrument called a curette to scrape or cut away the lesion after numbing the skin. Once the lesion is removed, the wound is cauterized—heated—to stop the bleeding.
Choose Our Specialists for Your Moles or Skin Lesion Treatment
Our dermatology team has the experience and training to diagnose and treat moles and skin lesions safely and effectively. After a thorough skin examination, your dermatology provider will recommend a treatment plan for you. Request a consultation at Gulf Coast Medical Center Dermatology & Aesthetics using the online form or call us at (727) 318-5515 to schedule an appointment.
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Contact | ESSENTIALAI-STEM |
Best practices for cleanly closing a Database?
If you look at com.couchbase.lite.AbstractDatabase’s close method, it will throw an exception if you have any active Replicator or LiveQuery associated with the database.
if (activeReplications.size() > 0) {
throw new CouchbaseLiteException(
"Cannot close the database. Please stop all of the replicators before closing the database.",
CBLError.Domain.CBLErrorDomain, CBLError.Code.CBLErrorBusy);
}
if (activeLiveQueries.size() > 0) {
throw new CouchbaseLiteException(
"Cannot close the database. Please remove all of the query listeners before closing the database.",
CBLError.Domain.CBLErrorDomain, CBLError.Code.CBLErrorBusy);
}
The user jean-maxime wrote about tracking active replicators in client code (Replicator with couchbase lite android 2.0) and from the responses given, it sounds like this is something the clients have to do.
It seems overly complicated and redundant to track Replicator and Query instances in client code instead of directly using something like activeReplications and activeLiveQueries as in the snippet above. Is there a way to avoid writing my own (thread-safe!) data structures for this? What’s the best practice to ensure that a database is the correct state to be closed?
Edit: using Android and Couchbase Lite 2.0.0
CBL 1.x used to shut down replications and queries when closing a database, but this turned out to be problematic, since replicators could take a while to stop if there were network connectivity problems, and this would cause Database.close to block for a long time.
Yes, you do need to keep track of your replications and live queries. Generally an app doesn’t have many of these; usually just one replicator for example. So it shouldn’t be too hard to keep track of them. Otherwise yes, you can just make a global collection object and add them to it. | ESSENTIALAI-STEM |
Countess of Devon
Countess of Devon is a title that may be held by a woman in her own right or used by the wife of the Earl of Devon. Women who have held the title include:
Countesses in their own right
* Isabel de Forz, suo jure 8th Countess of Devon (1237–1293)
Countesses by marriage
* Adelize de Baalun (d. c. 1146)
* Amice de Clare (c. 1220–1284)
* Margaret de Bohun (1311–1391)
* Margaret Beaufort (c. 1409–1449)
* Catherine of York (1479–1527)
* Allison Joy Langer (born 1974) | WIKI |
-- Japan Sales-Tax Decision Due by Early October, Amari Says
Japanese Prime Minister Shinzo Abe
will make a decision on a sales-tax increase by early October,
before a gathering of Asia-Pacific leaders in Indonesia ,
according to Economy Minister Akira Amari. Abe will decide “at the latest” before a summit of
leaders from the Asia-Pacific Economic Cooperation forum, which
starts in Indonesia on Oct. 7, Amari said yesterday on NHK
television. Expert panels comprising business leaders, academics and
policy makers are set to begin meetings today to consider if
Japan ’s economy is strong enough to withstand an increase in the
tax. Gross domestic product grew an annualized 2.6 percent in
the second quarter from the previous period, a result which
Finance Minister Taro Aso said supported the case for an
increase. Amari said last week that there is a good balance of views
on the panels, which will include Abe advisers Etsuro Honda and
Koichi Hamada, who are cautious about increasing the levy. The sales tax is set to rise to 8 percent in April from 5
percent now, an increase that Abe can postpone or cancel should
he determine the economy can’t bear the impact. Abe will take
into account the views of the expert panels and revised GDP data
for the second quarter, due Sept. 9. The Bank of Japan will release a third-quarter Tankan
survey of business sentiment on Oct. 1, and Abe may also
consider those figures, Amari said. A poll published today by the Nikkei newspaper showed 17
percent of respondents support increasing the tax as planned,
while 55 percent said that while it should be raised, the
government should be flexible on the timing and size of the
increase. 24 percent of those surveyed opposed the measure. The survey was based on 895 responses from 1,476 households
contacted, and gave no margin for error. To contact the reporter on this story:
James Mayger in Tokyo at
jmayger@bloomberg.net To contact the editor responsible for this story:
Paul Panckhurst at
ppanckhurst@bloomberg.net | NEWS-MULTISOURCE |
Talk:Steps and skips
Additional citations
Why, what, where, and how does this article need additional citations for verification? Hyacinth (talk) 01:57, 24 May 2010 (UTC)
* Tag removed. Hyacinth (talk) 05:12, 14 March 2011 (UTC)
Is there more than one book saying this: "Any larger interval is called a skip (also called a leap), or disjunct motion.[1]" ? I know another book and a many people who call a skip only when skipping one consecutive letter-name, as in the interval of a third.<IP_ADDRESS> (talk) 15:19, 26 June 2020 (UTC) | WIKI |
Fifty years ago, Jackie Roosevelt Robinson became the first black player to play in a Major League baseball game. The day he stepped onto Ebbets Field on April 15, 1947, he broke the color barrier and paved the way for other black athletes. Without Jackie Robinson there would not be Muhammad Ali, Magic Johnson, Michael Jordan, or Tiger Woods. Without Jackie Robinson, sports would be very different today. I know someone else may have come along and broken the color barrier, But that person could not have do it better than Jackie Robinson did.
But for Jackie it was harder because he had racial slurs thrown at him. Despite all of the discrimination and racism about Jackie Robinson and his family, he got passed it and became a star. Jackie was an outsider, he was the first African American to play Major league baseball, he used the haters to become an amazing ball player and a hero to other African Americans. Before his outstanding baseball career Jackie did many motivational things. For example, Jackie attended the University of California, Los Angeles.
He stood out as an athlete in high school and college (Jackie Robinson). In the 1940’s, Jackie left the army, where he then started to play in the Negro leagues. The Negro League was for blacks because before Branch signed Robinson there were no blacks allowed in the majors (Damio, Christy). Jackie was an inspiration to many other blacks dreaming of making it big in the majors. Though he would become most well-known for baseball, he also developed a wide reputation for basketball, football, and track at the University of California, in L.A, while he was there between 1939-1941 (Jackie Robinson).
Branch Rickey started his baseball career as just a mediocre player at best. (Baseball Hall of Fame) He may not have been the best of players, but he definitely made a huge impact on baseball. Branch Rickey was one of the most important and influential people in forming and shaping the way baseball is today. Branch Rickey created the minor league farm club system, which today gives young players the opportunity to develop and enhance the skills they need to be great. Branch Rickey’s most important contribution to baseball was when he signed Jackie Robinson.
Such as through movies, radio talk shows, sheet music, comic books, and sports magazines. Even though many of Jackie’s fans showed their support towards him, many who hated him sent him death threats or even threw things at him. While under all this pressure Jackie still focused on baseball and showed everyone that he was a great baseball player: “ Baseball was just part of my life. Thank God that I didn’t allow a sport or a business or any part of my life to dominate me completely … I felt that I had my time in the athletics and that was it.” He won a lot of peoples respect and also became a symbol of black opportunity. Even the magazine Sporting News, which was against black baseball players, acknowledged his great skill and ability in the game of baseball and awarded him with the Rookie of the Year award in 1947.
Jackie played baseball, basketball, football, and track. In 1949 Jackie was All-American on his football team. He had many difficulties playing sports; He was forced to join the U.S. Army. After of serving two years in the military he eventually left the service with honorable discharge. Jackie played one season in 1945 for the Negro Baseball League.
He hit a respectable .288 for the season and attracted the attention of major league scouts. In February of 1954, Clemente signed with the Brooklyn Dodgers and reported for duty to their top minor league team, the Montreal Royals. The man who signed Clemente, scout Al Campanis, had pleaded with Dodger management to place him on the major league roster right away. Otherwise, Roberto might be lost to another major league team after only one season. The Dodgers would come to regret their decision.
The reason many people had their eyes on him was, because he was the first African-American player to play in the Major Leagues. He was drafted by the Brooklyn Dodgers in 1947. Before Robinson broke the barrier of the first African-Americans to play in the league, they were restricted to the Negro League. Then in 1950 baseball started to expand its geographic range and started getting western teams to attempt to lure teams from the eastern coast to come west or they formed a so called expansion team. An expansion team is just players that are made available by established teams.
Robinson made a huge difference in the Civil Rights Movement and to the world of baseball. Jackie Robinson was the first African American to play in the Major League Baseball. Jackie changed the way Americans thought about him and African Americans. Robinson had amazing stats during his baseball career. Robinson didn’t have an insignificant childhood like many ordinary children.
"(Scott) Because of the great players of the 20's , many athletes are often compared back to the originals. The sport stars of this era remain well known today. Baseball was a huge part of the evolution of sports in the 20's between the Negro National League, the death of Ray chapman, Lou Gehrig, and one of the greatest baseball players known to man, Babe Ruth. In the 20's, segregation was present even through sports. In baseball, the Negros were not aloud to play with white people. | FINEWEB-EDU |
CLRegion is an iOS class for CoreLocation framework that holds the information used in shape based regions.
learn more… | top users | synonyms
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didEnterRegion works in foreground but not background or other VCs
If the app is running and the CLLocationManagerDelegate class is the foreground (i.e. visible) then the didEnterRegions triggers and I get both the NSLog as well as the AlertView. However, I get ...
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How can I disable any CLRegion objects registered with -startMonitoringForRegion?
I am using a NavigationController to display a list of geo-fences available to the user. At the top there is a global on/off switch that I would like to use to disable any fences registered with ...
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didEnterRegion called with larger radius (iOS)
I want didEnterRegion to be called with much precision, but I wasn't able to do so. Here is what I have done: I used the best values of distanceFilter and desiredAccuracy (most precise GPS settings ...
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CoreLocation kCLErrorDomain error 5
I subclassed a CLRegion to support Polygons via overriding containsCoordinate: to use ray casting logic instead of the original distance crunching logic. The subclass is initialized via the normal ...
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How do you use CLRegion in iOS 7 since initCircularRegionWithCenter:radius:identifier: is deprecated?
Since the depreciation of initCircularRegionWithCenter:radius:identifier:, how would you define the region to be monitored using CLLocationManager?
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Region monitoring current location doesn't notify on exit
I'm trying to test region monitoring, for that I'm getting current location like this: - (void)startLocationTracking { CLLocationManager *locationManager = [[CLLocationManager alloc] init]; /...
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On which iOS devices exactly is region monitoring supported?
From what I can interpret from the runtime requirements of sample region monitoring code of Apple, region monitoring is available on iPhone 4, iPad 2 Wifi + 3G or later. So I'm assuming that it's not ...
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Geofencing iOS 6
I was creating an app that tells the user whether they are near the destination. I was calculating the distance between the currentLocation and the destination. I was doing the calculation inside the ...
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Deprecated CLRegion methods - how to get radius?
I'm using the geocodeAddressString:completionHandler: method, which returns an array of CLPlacemarks. I have to get latitude, longitude, mnemonical name and radius. While getting the first 3 is easy: ...
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iOS Geofence, how to handle when inside region when monitoring starts?
I have been unable to work out how to handle a scenario where the phone is already inside a region when startMonitoringForRegion is called? Other questions have suggested calling requestStateForRegion ...
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How to properly set the Radius of CLRegion?
This is my code for creating a geofence: Geofence *geofence = [[Geofence alloc] init]; [geofence setRadius:100.0]; [geofence setIdentifier: @"Fence1"]; [geofence setLocation:currentlocation]; ... | ESSENTIALAI-STEM |
List of colleges in Srinagar
The majority of the colleges in Srinagar are affiliated to the University of Kashmir and are spread throughout the city. Students from different parts of the valley study in these colleges. At the undergraduate level, Bachelor of Arts, Bachelor of Science, and Bachelor of Commerce are the most common courses in these colleges. Along with these conventional courses, many colleges also offer professional courses which concentrate on a specialized field an example of that is National Institute of Technology, Srinagar.
Colleges in Srinagar
The following list of the colleges in Srinagar.
Degree colleges and B.Ed colleges
* 1) Amar Singh College, Srinagar
* 2) Birla Post Graduate College, Srinagar
* 3) Dr Iqbal Teacher Training College of Education, Srinagar
* 4) Gandhi Memorial College, Srinagar
* 5) Government College for Women, M.A. Road Srinagar
* 6) Govt. Women College, Nawakadal, Srinagar
* 7) Government College of Education, Srinagar
* 8) Government Degree College,Bemina
* 9) Government Degree College of Handware, Srinagar
* 10) Govt Degree College, Bagi Dilawar Khan, Srinagar
* 11) Islamia College of Science and Commerce, Srinagar
* 12) Jamiya-Tul-Banat, Srinagar
* 13) Kamla Nehru Memorial, Maqhavidyala, Srinagar
* 14) MA College of Education, Srinagar
* 15) Qumariya College of Education (QCE), Srinagar
* 16) Ramzan College of Education, Srinagar
* 17) Rizwan Memorial Womens College of Education (RMCE), Srinagar
* 18) Shadab College of Education, Srinagar
* 19) Shanti Niketan College of Education (SNCE), Srinagar
* 20) SM Iqbal College ofducation (SMICE) Rangreth, Srinagar
* 21) SP memorial B.Ed college, Srinagar
* 22) Sri Pratap College, Srinagar
* 23) Vishwa Bharti Womens College, Rainawari Srinagar
* 24) Nund Reshi College of Education(NRC)-Natipora
Medical colleges
* 1) Bibi Haleema Nursing College, Srinagar
* 2) Government Dental College, Srinagar
* 3) Government Medical College, Srinagar
* 4) Sher-i-Kashmir Instt. of Medical Sciences, Soura, Srinagar
* 5) Kashmir Institute of Medical Sciences and Technology, Lawaypora, Srinagar(www.kashmirinstitute.com)
Engineering colleges
* 1) National Institute of Technology, Srinagar
* 2) SSM College of Engineering
Design College
* 1) National Institute of Fashion Technology, Srinagar
Hotel Management
* 1) Institute of Hotel Management, Srinagar
Polytechnic colleges
* 1) Government Polytechnic for Women, Bemina, Srinagar
* 2) Kashmir Government Polytechnic, Srinagar
* 3) Kite Polytechnic, Srinagar
* 4) Royal Polytechnic College, Srinagar
Law colleges
* 1) College of Forestry — Srinagar
* 2) Kashmir Law College Nowshera, Srinagar
* 3) Vitasta School of Law and Humanities, Srinagar
Technical training
* 1) IT Concepts, Srinagar
* 2) Institute of Music and Fine Arts, Srinagar
* 3) Industrial Training Institute (ITI), Srinagar
Technology and Management
* 1) Iqbal Institute of Technology and Management, Srinagar
* 2) SM Iqbal Business School SMIBS, Srinagar
* 3) CASET College of Computer Science, Srinagar
* 4) DOEACC, Rangreth Srinagar
* 5) Masterpro Institute of Technology, Srinagar | WIKI |
The Unapologetic Mathematician
Mathematics for the interested outsider
Indefinite Integrals and Convergence II
Unlike our recent results, today’s proposition is specifically stated and proved for integrable simple functions, and won’t be generalized later.
If \{f_n\} and \{g_n\} are mean Cauchy sequences of integrable simple functions, then they’re both also Cauchy in measure, which implies that they each converge in measure to some function. If they converge to the same function (a.e.) f, then their indefinite integrals converge to the same limiting set function. That is, if \nu_n and \lambda_n are the indefinite integrals of f_n and g_n:
\displaystyle\begin{aligned}\nu_n(E)&=\int\limits_Ef_n\,d\mu\\\lambda_n(E)&=\int\limits_Eg_n\,d\mu\end{aligned}
then we can define the limiting functions
\displaystyle\begin{aligned}\nu(E)&=\lim\limits_{n\to\infty}\nu_n(E)\\\lambda(E)&=\lim\limits_{n\to\infty}\lambda_n(E)\end{aligned}
and we assert that \nu(E)=\lambda(E) for all measurable E\subseteq X.
For every \epsilon>0 and positive integer n we define the set
\displaystyle E_n=\left\{x\in X\big\vert\lvert f_n(x)-g_n(x)\rvert\geq\epsilon\right\}
And using our usual technique we find
\displaystyle E_n\subseteq\left\{x\in X\bigg\vert\lvert f_n(x)-f(x)\rvert\geq\frac{\epsilon}{2}\right\}\cup\left\{x\in X\bigg\vert\lvert f(x)-g_n(x)\rvert\geq\frac{\epsilon}{2}\right\}
Since \{f_n\} and \{g_n\} both converge in measure to f, the measures of both terms here go to zero as n gets large, and so \lim_n\mu(E_n)=0.
If E is a measurable set with \mu(E)<\infty, we have the inequality
\displaystyle\int\limits_E\lvert f_n-g_n\rvert\,d\mu\leq\int\limits_{E\setminus E_n}\lvert f_n-g_n\rvert\,d\mu+\int\limits_{E\cap E_n}\lvert f_n\rvert\,d\mu+\int\limits_{E\cap E_n}\lvert g_n\rvert\,d\mu
Here, the first term on the right is bounded above by \epsilon\mu(E). The other two terms can be made arbitrarily small by choosing a large enough n, by the uniform absolute continuity we showed yesterday. We can also see that
\displaystyle\lvert\nu_n(E)-\lambda_n(E)\rvert=\left\lvert\int_Ef_n\,d\mu-\int_Eg_n\,d\mu\right\rvert=\left\lvert\int_Ef_n-g_n\,d\mu\right\rvert\leq\int\limits_E\lvert f_n-g_n\rvert\,d\mu
and so it follows that \lim_n\lvert\nu_n(E)-\lambda_n(E)\rvert=0, and thus that \nu(E)=\lambda(E) for every measurable set E with finite measure. Since \nu and \lambda are countably additive, we immediately extend this result to all \sigma-finite sets E.
Okay, now here’s where our assumption really comes in: since each of the f_n and g_n is an integrable simple function, each one takes a nonzero value on a finite number of sets, each of which has a finite measure. Thus we can take the union E_0 of all these (countably many) sets, which is a \sigma-finite set. For any measurable set E, then, we have
\displaystyle\nu_n(E\setminus E_0)=\int\limits_{E\setminus E_0}f_n\,d\mu=0=\int\limits_{E\setminus E_0}g_n\,d\mu=\lambda_n(E\setminus E_0)
because all the functions f_n and g_n are identically zero off of E_0.
Therefore we conclude that \nu_n(E\setminus E_0)=0=\lambda_n(E\setminus E_0). This, then, implies that \nu(E)=\nu(E\cap E_0) and \lambda(E)=\lambda(E\cap E_0), and each of these sets is then \sigma-finite (as subsets of E_0). And so the proof is complete.
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June 1, 2010 - Posted by | Analysis, Measure Theory
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1. [...] we know that since and both converge in measure to the same function, the limiting set functions and [...]
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And they do have a way to sense vibrations in the water. Sizes of male and female guppy differs from each other.
This helps it in detecting vibrations and motion in the water that leads to hearing.
Fish with ears. Of course fish do still need to hear. How do fish recognize sound. Find out in this short video.
Do fish have ears. Many fish also have chemoreceptors that are responsible for extraordinary senses of taste and smell. It would be rather funny to see fish dashing through the water with land animal type ears on them wouldn t it.
This is just as well. Think you know the answer. The muscle bone also performs as a balancing agent that helps a fish in picking and then converting sounds for a clearer affirmation.
They look very attractive due to their short dimensions. While there are usually no openings on a fish s head for sound to enter they do have inner ears that pick up sound through their body. Fish ears 101 sound travels further and faster in water than it does in the air about 4 4 times as fast.
If you look at a fish you can quite clearly see that they do not have ears like us. The ear stones also called otoliths are located behind the brain and near the inner ear of a fish. Fish do not have earlobes but they can have openings like ear canals often many of them.
Male guppies are 0 6 to 1 4 inches long whereas female guppies are 1 2 to 2 4 inches long. Although they have ears many fish may not hear very well. Nearly all daylight fish have color vision that is at least as good as a human s see vision in fishes.
One factor affecting the levels and range of frequencies that a fish can hear is the proximity of the swim bladder to the inner ear. They pick up sounds in the water through their bodies and in their internal ear according to the national. At first glance fish don t appear to have ears but that doesn t mean they can t hear.
Most fish possess highly developed sense organs. These vibration sensors are laid out in two lines along the sides of the fish. It s called the lateral line system.
In fact many fish rely on their ears to find habitat and mates as well as spawn swim and avoid predators. The water is a dangerous place even for the largest of fish. Elephant ear guppy fish size.
They have the same kind of balance sensors you do. Elephant ear guppies are very small sized fish with a elongated body. Because of this and because visibility is greatly reduced in water it is not surprising that sound is an important part of how fish communicate with each other and the world around them.
Fish don t have ears that we can see but they do have ear parts inside their heads. Sensitivity to sound in terms of both the lowest sound levels loudness or amplitude and range of frequencies that can be detected differs among fish species. The gas within the swim bladder has a density that is much lower than that of seawater and of the fish. | FINEWEB-EDU |
Preview: Tigers at Twins
Minnesota Twins right-hander Kyle Gibson owns an ugly 7.01 ERA in five starts against the Detroit Tigers this season, but he will look to win his seventh consecutive decision when the teams open a three-game series in Motown on Friday night. Gibson looks to keep his unbeaten streak intact when he faces the Tigers for the second time in eight days. The Twins locked up the second wild card Wednesday night and chose to sit a number of starters in Thursday’s 5-2 loss to Cleveland, a scenario that could repeat itself over the weekend. “We want to give some of these guys a little bit of a break, but also keep them sharp. It’s a little tricky,” Minnesota manager Paul Molitor said. “We’ll have further conversations about pitching over the next four days as we might best set ourselves up for a roster on Tuesday.” The Tigers can finally exhale after snapping a nine-game losing streak with a 4-1 victory over Kansas City — their fifth win in 26 games this month. Nicholas Castellanos drove in three runs Thursday while registering multiple hits for the 13th time in his last 22 games. TV: 8:10 p.m. ET, FSN Detroit, FSN North (Minnesota) PITCHING MATCHUP: Tigers LH Matthew Boyd (6-10, 5.12 ERA) vs. Twins RH Kyle Gibson (12-10, 5.02) Boyd is finishing on a high note, permitting only two runs over 20 2/3 innings over his last three starts, although he is 1-1 in that span. The 26-year-old did not factor in the decision against Minnesota last time out, giving up two runs (one earned) in 6 2/3 strong innings. Brian Dozier is 11-for-27 with two homers against Boyd, who gave up four runs in 5 2/3 innings versus the Twins on Aug. 13. Gibson was hammered by Detroit for 12 runs in 6 2/3 innings in a pair of starts in April, but he won his second in a row over the Tigers by giving up three runs on seven hits over seven innings in his last turn. It was his sixth quality start in the past seven outings for the 29-year-old, who is 6-7 with a 5.65 ERA at Target Field. Ian Kinsler is 13-for-40 with a pair of home runs against Gibson. WALK-OFFS 1. Tigers LF Alex Presley has hit safely in five straight games. 2. Twins RF Max Kepler is 8-for-22 over the past five games. 3. Tigers 3B Jeimer Candelario, batting .354 in September, was held out of Thursday’s game with a jammed left wrist. PREDICTION: Tigers 5, Twins 4 | NEWS-MULTISOURCE |
Page:United States Statutes at Large Volume 92 Part 3.djvu/648
92 STAT. 3280
42 USC 8259.
42 USC 8260.
42 USC 8261.
Federal Photovoltaic Utilization Act. 42 USC 8271 note. 42 USC 8271.
-, 42 USC 8272.
42 USC 8273.
PUBLIC LAW 95-619—NOV. 9, 1978
buildings which use solar heating and cooling equipment or other renewable energy sources or which otherwise minimize life cycle costs, SEC. 549. BUDGET TREATMENT OF ENERGY CONSERVING IMPROVEMENTS BY FEDERAL AGENCIES. Each Federal agency, in the preparation and submission of its requests to the Congress for appropriations, and authorizations for appropriations, for any fiscal year beginning after the date of the enactment of this Act, shall specifically set forth and identify in a separate line item or items— (1) the funds requested for retrofit measures to be undertaken under this part; and (2) the portion of any other funds requested which represent to the maximum extent practicable the initial costs of construction or renovation attributable to capital equipment for energy conservation or the utilization of solar energy and other renewable energy sources. SEC. 550. REPORTS. Each Federal agency shall periodically furnish the Secretary with full and complete information on its activities under this part, and the Secretary shall annually submit to the Congress a comprehensive report on all activities under this part and on the progress made toward achievement of the objectives of this part. SEC. 551. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary not to exceed $2,000,000 for the fiscal year ending September 30, 1979, to enable him to perform the analytical and administrative functions vested in him under this part. \ PART 4—FEDERAL PHOTOVOLTAIC UTILIZATION SEC. 561. SHORT TITLE OF PART. This part may be cited as the "Federal Photovoltaic Utilization Act". SEC. 562. DEFINITIONS. For purposes of this part— (1) The term "Federal facility" means any building, structure, or fixture or part thereof which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. (2) The term "Secretary" means the Secretary of Energy. SEC. 563. PHOTOVOLTAIC ENERGY PROGRAM. There is hereby established a photovoltaic energy commercialization program for the accelerated procurement and installation of photovoltaic solar electric systems for electric production in Federal facilities. SEC. 564. PURPOSE OF PROGRAM. The purpose of the program established by section 563 is to— (1) accelerate the growth of a commercially viable and competitive industry to make photovoltaic solar electric systems available to the general public as an option in order to reduce national consumption of fossil fuel; • (2) reduce fossil fuel costs to the Federal Government; (3) stimulate the general use within the Federal Government of methods for the minimization of life cycle costs; and
� | WIKI |
Page:Ruffhead - The Statutes at Large - vol 2.djvu/109
A. D. i486. Anno tertio Henrici VIF. C. 9. 71 Jm:' CO It is enafted, ordained, and ftablifhed by the King our Sovereign Lord thai Lords Spiritual an < I, and at tn I . 1, 1 by th Authoi •". dward the Fourth, with all imprifed in the fame) Payment within this Realm; (■■) thi faid, upon • idile lo brou I. (9) And it is ordained by ! Authority, That every Cuftomer or Comptroller {hall take • of every of the- raid ^.'^ ' ■ r to put the fame 4 h. 4, c. 15. the faid M ayment, his always deduct < 17 'i.'. c. 5. upon rain of Forfi e Value of the faid M rchandtfes, the on ■ Half of the faid Forfeiture to the 5 H.4.C.9. King, the c the Party that will fuc for the fume. This to begin and take Effect at the Feaft C £$£?J°* of Chrijlmas next coming. > g, 5, t g_ i'«4 W. 7. .-. 13. LriMug G»I4 or Silver lo be faid to Ftreigneri ; and fa l^Car.i.c.J.fi3. n. g^iaff.^. c.zZ. lo Ann. c, i5, 6C<». 1. c. 11. u«« l»t/«.i. ,. xi. 1 n ■ fining Cold ami Si CAP. IX. Freemen of Ltndon may carry their Wares to any Fairs or Markets. 1 Umbly fhewen and prayen unto your Highnefei your true and faithful Commons of this your Realm ' I i of England, That where the Citizens nd Freemen of the City of London have ufed out of Time of ' Mind to go, Garry, and lede their Merchandife and Ware unto all Fairs and Markets at tl ty out City; now of kite-Time the Mayor, Aldermen, and Citizens of the Oity of London, have ' made and enacted an Ordinance within the lime City, upon a great Pain, that no Man that is a Frce- ' man or Citizen of the faid City, fhall go or come to any Fair or Market, out of the fame City of Lon- ' don, with- any Manner of Ware 0* Mcrcnandiie to fell or to barter, to this Intent, that all Buyers and rchants fhould refort to the faid City to huy their Ware and Merchandifes of the faid Citizens and ' hold as is before expreffed, fliall be to the ut! ion of all other Fairs and Markets within this People, laces wher faid Com- ' Cloth, Woollen Cloth, Brafs, Pewter, Bedding, Ofmonde, Iron, Flax, and Wax, and many other ne- ' ceffary Things, the which might not be forborn among your faid liege People ; but, by the faid Ordi- ' and Prejudyce to the common Weal of this your Realm, and fhall caufe many pernicious Strifes and De- ' bates between your faid liege People, and the faid Mayor, Aldermen, and Citizens in Time to come, ' by the making of the faid Ordinance, the which is thought may not continue and ftand with good ' Charity, the Premiffes conudered ; Wherefore it may pieafe your faid Highnefs molt noble and abun- ' dant Grace, in Confideration of the Hurt likely to grow of and 1 by the Premiiles, that it may be enacted :' (2) The King our Sovereign Lord, in Confideration of the Hurt likely to grow of and by the PremifleSj hath by the Advice and Afient of the Lords Spiritual and 1 emp iral, and the Commons, in the faid Par- liament affembled, and by Authority of the fame, ordained, ftablifhed, and enacted, That every Freeman and Citizen of the faid City of London, that now is, or hereafter fhall be, miy lead, carry, and go with his or their Victual, Ware, or Merchandife, whatfoever it be, at his or their Libertv, to any Fair or Market that fhall pieafe him or them, within this Realm of England, any Statute, Act, or Ordinance, made or to be made within the faid City of London to the contrary of the Pieniiiles notwithstanding ; (3) and the faid Ordinance and Act made in the laid City fhall be void and of none Effect ; (4) and that no Perfon of the faid City be hurt or prejudiced in loling of his Liberty and Franchife within the faid City, or otherwifc, by Reafon or Occafion of adtuilling and avoiding of the faid Ordinance and Act, or for not obeying to the Effect of the fame, (0 And if any Perfon be prejudiced in any wife by Occafion of the fame, he that putteth or caufeth any Perfon to fuch Prejudice, frail Icfe and forfeit unto the King x. 1. as often as he fo doth; (6) and he that will fue for fuch Forfeiture, fhall have therefore an Action of Debt againft fuch Offender, the King to have Execution of the one Half, and he that fueth tire other Half; (7 J and in fuch Action the Defendant be not admitted to wage his Law. C A P.
* Freemen of London aforcfaid, becaufc of their i tore and Avail ; which Ordinance, if it fhould
* mons of every Country hath their commen Refort, to buy and purvey many Things that be good and
* profitable, as Ornaments of holy Church, Chalice, Books, Veftments, and other Ornaments of holy
* Church aforefaid, and alio for Houfehold, as Victual for the Time of Lent, and other Stuff, asLinnen
* nance, every Man willing to buy any of the Premifles, thall b? courted to come to the faid City of Lon-
* don, to their importable Colls and Charges, which, if the laid Act fhould endure, fhall grow great Hurt | WIKI |
Nude presidential news conference? It happened here
(CNN)There he was, the leader of the free world, President Lyndon Baines Johnson, aboard Air Force One standing in front of reporters, naked as a jaybird. To be fair, it was a hot, sunny day. Johnson, who wasn't a shy man, had just finished delivering a stump speech during his 1964 presidential election campaign. He'd invited White House reporter Frank Cormier and two colleagues to an impromptu news conference in the presidential quarters, according to Cormier's 1977 book, "LBJ: The Way He Was." It's not every day that the president of the United States takes off his shirt and pants while answering your questions about the economy. As Cormier described it, Johnson "shucked off his underwear." Then, as if nothing unusual were going on, the President continued talking to the reporters while "standing buck naked and waving his towel for emphasis." Related story: First Air Force One wastes away in desert No big deal. Just another day on Air Force One. The plane that was carrying Johnson and the reporters that day was special. "A person could justify that it's the most important historical airplane in the world," Air Force historian Jeff Underwood said in 2013. The Air Force gave it the code name Special Air Mission (SAM) 26000. Why so historic? In a nutshell, a lot of history has taken place aboard that airplane. A president was sworn in aboard it Less than a year before his memorable interview, Johnson had become president aboard the very same airplane. It was November 22, 1963 -- a date millions of Americans remember well -- when Johnson was sworn in just hours after President John F. Kennedy was assassinated in Dallas. He was sworn in by U.S. District Judge Sarah T. Hughes, the only woman ever to swear in a U.S. commander in chief. It flew JFK's body from Dallas to Washington With a newly sworn-in President Johnson aboard, Kennedy's widow, Jacqueline, accompanied the former President's body, which was in a casket that had been placed in the rear of the aircraft. A portion of the plane's wall had to be cut away to make room. A few days after SAM 26000 landed in Washington, the aircraft performed a high-speed flyover at Kennedy's funeral at Arlington National Cemetery. It flew Nixon on his historic mission to China In 1972, the first meeting between leaders of China and the United States opened the door to diplomatic relations between the two nations, eventually giving Washington geopolitical leverage during arms treaty negotiations with the Soviet Union. It flew three former presidents simultaneously to Egypt In 1981, SAM 26000 flew former Presidents Nixon, Jimmy Carter and Gerald Ford to the funeral of Egyptian President Anwar Sadat. They felt "somewhat ill at ease," Carter wrote years later. And they certainly had their reasons -- especially Carter and Ford. Just five years earlier, Carter, a Democrat, had delivered a stinging election defeat to the GOP's Ford. Tension also ran high among staffers aboard the flight. They endured long waits to use the lavatories and got upset about who received bigger cuts of steak at dinner, according to author Ronald Kessler. Then Nixon "surprisingly eased the tension" with "courtesy, eloquence and charm," Carter revealed in a memoir. Aboard SAM 26000, the two former enemies developed a camaraderie and then a friendship, wrote historian Douglas Brinkley. Royal visit and presidential deaths The plane also flew Britain's Queen Elizabeth II around the United States during her visit in 1983. It carried LBJ's body after his death in 1973, and after Nixon's death in 1994, it ferried his casket home to California. Where you can see it Folks who are used to seeing the president fly on giant 747s might be surprised about the relatively small SAM 26000. It seats only about 40 passengers. A military version of a Boeing 707, it's a narrow-body, single-aisle, four-engine jetliner. The plane is now on display at the National Museum of the United States Air Force near Dayton, Ohio, and you can walk down the aisle and look through plexiglass to see the office where the commander in chief took phone calls. You can also see the area where White House staffers worked during long flights. And, yes, you can see the tiny sleeping quarters where LBJ, um, waved "his towel for emphasis" on that hot day in 1964. | NEWS-MULTISOURCE |
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COUCH v. UNITED STATES et al.
No. 71-889.
Argued November 14, 1972
Decided January 9, 1973
Powell, J., delivered the opinion of the Court, in which Burger, C. J., and Brennan, Stewart, White, Blackmun, and Rehnquist, JJ., joined. Brennan, J., filed a concurring opinion, post, p. 337. Douglas, J., post, p. 338, and Marshall, J., post, p. 344, filed dissenting opinions.
John G. Rocovich, Jr., argued the cause for petitioner. With him on the briefs was Claude D. Carter.
Lawrence G. Wallace argued the cause for the United States et al. On the brief were Solicitor General Gris-wold, Assistant Attorney General Crampton, Keith A. Jones, John P. Burke, and John M. Brant.
Mr. Justice Powell
delivered the opinion of the Court.
On January 7, 1970, the Government filed a petition in the United States District Court for the Western District of Virginia, pursuant to 26 U. S. C. §§ 7402 (b) and 7604 (a), seeking enforcement of an Internal Revenue summons in connection with an investigation of petitioner’s tax liability from 1964-1968. The summons was directed to petitioner’s accountant for the production of:
“All books, records, bank statements, cancelled checks, deposit ticket copies, workpapers and all other pertinent documents pertaining to the tax liability of the above taxpayer.”
The question is whether the taxpayer may invoke her Fifth Amendment privilege against compulsory self-incrimination to prevent the production of her business and tax records in the possession of her accountant. Both the District Court and the Court of Appeals for the Fourth Circuit held the privilege unavailable. We granted certiorari, 405 U. S. 1038.
Petitioner is the sole proprietress of a restaurant. Since 1955 she had given bank statements, payroll records, and reports of sales and expenditures to her accountant, Harold Shaffer, for the purpose of preparing her income tax returns. The accountant was not petitioner’s personal employee but an independent contractor with his own office and numerous other clients who compensated him on a piecework basis. When petitioner surrendered possession of the records to Shaffer, she, of course, retained title in herself.
During the summer of 1969, Internal Revenue Agent Dennis Groves commenced an investigation of petitioner’s tax returns. After examining her books and records in Shaffer’s office with his permission, Groves found indications of a substantial understatement of gross income. Groves thereupon reported the case to the Intelligence Division of the Internal Revenue Service.
Special Agent Jennings of the Intelligence Division next commenced a joint investigation with Groves to determine petitioner’s correct tax liability, the possibility of income tax fraud and the imposition of tax fraud penalties, and, lastly, the possibility of a recommendation of a criminal tax violation. Jennings first introduced himself to petitioner, gave her Miranda warnings as required by IRS directive, and then issued the summons to Shaffer after the latter refused to let him see, remove, or microfilm petitioner’s records.
When Jennings arrived at Shaffer’s office on September 2, 1969, the return day of the summons, to view the records, he found that Shaffer, at petitioner’s request, had delivered the documents to petitioner’s attorney. Jennings thereupon petitioned the District Court for enforcement of the summons, and petitioner intervened, asserting that the ownership of the records warranted a Fifth Amendment privilege to bar their production.
I
It is now undisputed that a special agent is authorized, pursuant to 26 U. S. C. § 7602, to issue an Internal Revenue summons in aid of a tax investigation with civil and possible criminal consequences. In Donaldson v. United States, 400 U. S. 517 (1971), the Court upheld such a summons, noting that:
“Congress clearly has authorized the use of the summons in investigating what may prove to be criminal conduct. . . . There is no statutory suggestion for any meaningful line of distinction, for civil as compared with criminal purposes, at the point of a special agent’s appearance. ... To draw a line where a special agent appears would require the Service, in a situation of suspected but undetermined fraud, to forgo either the use of the summons or the potentiality of an ultimate recommendation for prosecution. We refuse to draw that line and thus to stultify enforcement of federal law.” Id., at 535-536.
The Court in Donaldson noted that the taxpayer there had attempted to intervene, pursuant to Fed. Rule Civ. Proc. 24 (a)(2), to bar production of records “in which the taxpayer has no proprietary interest of any kind, which are owned by the third person, which are in his hands, and which relate to the third person’s business transactions with the taxpayer.” Id., at 523. The Court quite properly concluded that, under those facts, no absolute right to intervene existed. Id., at 530-531. The instant case, however, presents a different question. Here petitioner does own the business records which the Government seeks to review and the courts below did permit her to intervene. The essential inquiry is whether her proprietary interest further enables her to assert successfully a privilege against compulsory self-incrimination to bar enforcement of the summons and production of the records, despite the fact that the records no longer remained in her possession.
II
The importance of preserving inviolate the privilege against compulsory self-incrimination has often been stated by this Court and need not be elaborated. Counselman v. Hitchcock, 142 U. S. 547 (1892); Malloy v. Hogan, 378 U. S. 1 (1964); Miranda v. Arizona, 384 U. S. 436 (1966). By its very nature, the privilege is an intimate and personal one. It respects a private inner sanctum of individual feeling and thought and proscribes state intrusion to extract self-condemnation. Historically, the privilege sprang from an abhorrence of governmental assault against the single individual accused of crime and the temptation on the part of the State to resort to the expedient of compelling incriminating evidence from one’s own mouth. United States v. White, 322 U. S. 694, 698 (1944). The Court has thought the privilege necessary to prevent any “recurrence of the Inquisition and the Star Chamber, even if not in their stark brutality,” Ullmann v. United States, 350 U. S. 422, 428 (1956).
In Murphy v. Waterfront Comm’n, 378 U. S. 52, 55 (1964), the Court articulated the policies and purposes of the privilege:
“[0]ur unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial rather than an inquisitorial system of criminal justice; our fear that self-incriminating statements will be elicited by inhumane treatment and abuses; our sense of fair play which dictates 'a fair state-individual balance by requiring the government ... in its contest with the individual to shoulder the entire load/ . . . our respect for the inviolability of the human personality and of the right of each individual 'to a private enclave where he may lead a private life’ . . . .”
It is important to reiterate that the Fifth Amendment privilege is a personal privilege: it adheres basically to the person, not to information that may incriminate him. As Mr. Justice Holmes put it: “A party is privileged from producing the evidence but not from its production.” Johnson v. United States, 228 U. S. 457, 458 (1913). The Constitution explicitly prohibits compelling an accused to bear witness “against himself” ; it necessarily does not proscribe incriminating statements elicited from another. Compulsion upon the person asserting it is an important element of the privilege, and “prohibition of compelling a man ... to be witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him,” Holt v. United States, 218 U. S. 245, 252-253 (1910) (emphasis added). It is extortion of information from the accused himself that offends our sense' of justice.
In the case before us the ingredient of personal compulsion against an accused is lacking. The summons and the order of the District Court enforcing it are directed against the accountant. He, not the taxpayer, is the only one compelled to do anything. And the accountant makes no claim that he may tend to be incriminated by the production. Inquisitorial pressure or coercion against a potentially accused person, compelling her, against her will, to utter self-condemning words or produce incriminating documents is absent. In the present case, no “shadow of testimonial compulsion upon or enforced communication by the accused” is involved. Schmerber v. California, 384 U. S. 757, 765 (1966).
The divulgence of potentially incriminating evidence against petitioner is naturally unwelcome. But petitioner’s distress would be no less if the divulgence came not from her accountant but from some other third party with whom she was connected and who possessed substantially equivalent knowledge of her business affairs. The basic complaint of petitioner stems from the fact of divulgence of the possibly incriminating information, not from the manner in which or the person from whom it was extracted. Yet such divulgence, where it does not result from coercion of the suspect herself, is a necessary part of the process of law enforcement and tax investigation.
Ill
Petitioner’s reliance on Boyd v. United States, 116 U. S. 616 (1886), is misplaced. In Boyd, the person asserting the privilege was in possession of the written statements in question. The Court in Boyd did hold that “any forcible and compulsory extortion of a man’s own testimony or of his private papers to be used as evidence to convict him of crime,” violated the Fourth and Fifth Amendments. Id., at 630. That case did not, however, address or contemplate the divergence of ownership and possession, and petitioner concedes that court decisions applying Boyd have largely been in instances where possession and ownership conjoined, see, e. g., Hill v. Philpott, 445 F. 2d 144 (CA7 1971); United States v. Judson, 322 F. 2d 460, 63-2 USTC ¶ 9658 (CA9 1963). In Boyd, the production order was directed against the owner of the property who, by responding, would have been forced “to produce and authenticate any personal documents or effects that might incriminate him.” United States v. White, 322 U. S., at 698. But we reiterate that in the instant case there was no enforced communication of any kind from any accused or potential accused.
Petitioner would, in effect, have us read Boyd to mark ownership, not possession, as the bounds of the privilege, despite the fact that possession bears the closest relationship to the personal compulsion forbidden by the Fifth Amendment. To tie the privilege against self-incrimination to a concept of ownership would be to draw a meaningless line. It would hold here that the business records which petitioner actually owned would be protected in the hands of her accountant, while business information communicated to her accountant by letter and conversations in which the accountant took notes, in addition to the accountant’s own workpapers and photocopies of petitioner’s records, would not be subject to a claim of privilege since title rested in the accountant. Such a holding would thus place unnecessary emphasis on the form of communication to an accountant and the accountant’s own working methods, while diverting the inquiry from the basic purposes of the Fifth Amendment’s protections.
Other precedents debated by the parties lend no support to petitioner’s contention that ownership of documents should determine the availability of the privilege. In Perlman v. United States, 247 U. S. 7 (1918), the Court held the privilege unavailable to a party seeking to suppress the admission of incriminating documents and exhibits before a grand jury. The movant’s expectations of privacy in the exhibits had, according to the Court, been destroyed when he voluntarily surrendered the exhibits as evidence in a patent infringement case he had earlier brought in Federal District Court. Petitioner’s claims of ownership failed to overcome this fact. The Court noted pertinently:
“But Perlman insists that he owned the exhibits and appears to contend that his ownership exempted them from any use by the Government without his consent. The extent of the insistence is rather elusive of measurement. It seems to be that the owner of property must be considered as having a constructive possession of it wherever it be and in whosesoever hands it be, and it is always, therefore, in a kind of asylum of constitutional privilege. And to be of avail the contention must be pushed to this extreme. It is opposed, however, by all the cited cases. They, as we have said, make the criterion of immunity not the ownership of property but the 'physical or moral compulsion’ exerted.” Id., at 15.
Petitioner argues, nevertheless, that grave prejudice will result from a denial of her claim to equate ownership and the scope of the privilege. She alleges that “[i]f the IRS is able to reach her records the instant those records leave her hands and are deposited in the hands of her retainer whom she has hired for a special purpose then the meaning of the privilege is lost.” That is not, however, the import of today’s decision. We do indeed believe that actual possession of documents bears the most significant relationship to Fifth Amendment protections against governmental compulsions upon the individual accused of crime. Yet situations may well arise where constructive possession is so clear or the relinquishment of possession is so temporary and insignificant as to leave the personal compulsions upon the accused substantially intact. But this is not the case before us. Here there was no mere fleeting divestment of possession: the records had been given to this accountant regularly since 1955 and remained in his continuous possession until the summer of 1969 when the summons was issued. Moreover, the accountant himself worked neither in petitioner’s office nor as her employee. The length of his possession of petitioner’s records and his independent status confirm the belief that petitioner’s divestment of possession was of such a character as to disqualify her entirely as an object of any impermissible Fifth Amendment compulsion.
IV
Petitioner further argues that the confidential nature of the accountant-client relationship and her resulting expectation of privacy in delivering the records protect her, under the Fourth and Fifth Amendments, from their production. Although not in itself controlling, we note that no confidential accountant-client privilege exists under federal law, and no state-created privilege has been recognized in federal cases, Falsone v. United States, 205 F. 2d 734 (CA5 1953), cert. denied, 346 U. S. 864; Gariepy v. United States, 189 F. 2d 459, 463-464 (CA6 1951); Himmelfarb v. United States, 175 F. 2d 924, 939 (CA9 1949), cert. denied, 338 U. S. 860; Olender v. United States, 210 F. 2d 795, 806 (CA9 1954). Nor is there justification for such a privilege where records relevant to income tax returns are involved in a criminal investigation or prosecution. In Boyd, a pre-income tax case, the Court spoke of protection of privacy, 116 U. S., at 630, but there can be little expectation of privacy where records are handed to an accountant, knowing that mandatory disclosure of much of the information therein is required in an income tax return. What information is not disclosed is largely in the accountant’s discretion, not petitioner’s. Indeed, the accountant himself risks criminal prosecution if he willfully assists in the preparation of a false return. 26 U. S. C. § 7206 (2). His own need for self-protection would often require the right to disclose the information given him. Petitioner seeks extensions of constitutional protections against self-incrimination in the very situation where obligations of disclosure exist and under a system largely dependent upon honest self-reporting even to survive. Accordingly, petitioner here cannot reasonably claim, either for Fourth or Fifth Amendment purposes, an expectation of protected privacy or confidentiality.
V
The criterion, for Fifth Amendment immunity remains not the ownership of property but the “ ‘physical or moral compulsion’ exerted.” Perlman, 247 U. S., at 15. We hold today that no Fourth or Fifth Amendment claim can prevail where, as in this case, there exists no legitimate expectation of privacy and no semblance of governmental compulsion against the person of the accused. It is important, in applying constitutional principles, to interpret them in light of the fundamental interests of personal liberty they were meant to serve. Respect for these principles is eroded when they leap their proper bounds to interfere with the legitimate interest of society in enforcement of its laws and collection of the revenues.
The judgment of the Court of Appeals is
Affirmed.
Mr. Justice Brennan,
concurring.
I join the opinion of the Court on the understanding that it does not establish a per se rule defeating a claim of Fifth Amendment privilege whenever the documents in question are not in the possession of the person claiming the privilege. In my view, the privilege is available to one who turns records over to a third person for custodial safekeeping rather than disclosure of the information, United States v. Guterma, 272 F. 2d 344 (CA2 1959), cf. Schwimmer v. United States, 232 F. 2d 855 (CA8 1956); to one who turns records over to a third person at the inducement of the Government, Stuart v. United States, 416 F. 2d 459 (CA5 1969); to one who places records in a safety deposit box or in hiding; and to similar cases where reasonable steps have been taken to safeguard the confidentiality of the contents of the records. The privilege cannot extend, however, to the protection of a taxpayer’s records conveyed to a retained accountant for use in preparation of an income tax return, where the accountant is himself obligated to prepare a complete and lawful return. 26 U. S. C. § 7206 (2). It is clear on the facts of this case that the taxpayer has voluntarily removed these records from that “ ‘private enclave where [she] may lead a private life Murphy v. Waterfront Comm’n, 378 U. S. 52, 55 (1964), quoting United States v. Grunewald, 233 F. 2d 556, 581-582 (CA2 1956) (Prank, J., dissenting), rev’d, 353 U. S. 391 (1957), and for that reason I would affirm the judgment below.
Mr. Justice Douglas,
dissenting.
I cannot agree with the majority that the privilege against self-incrimination was not available to the petitioner merely because she did not have possession of the documents in question and was not herself subject to compulsory process. The basic concerns which, in my opinion, underlie the privilege are more subtle and far-reaching than mere aversion to the methods of the Inquisition and the Star Chamber and their modern counterparts. The decision today sanctions yet another tool of the ever-widening governmental invasion and oversight of our private lives. As I urged in dissent in Warden v. Hayden, 387 U. S. 294, 325, without the right of privacy “the Fourth Amendment and the Fifth are ready instruments for the police state that the Framers sought to avoid.”
I
By looking solely to the historical antecedents of the privilege and focusing on “the ingredient of personal compulsion,” the majority largely ignores the interplay of the fundamental values protected by the Fourth and Fifth Amendments. As early as 1886, the Court recognized that issues often cannot be pigeonholed within one amendment or the other, thereby foreclosing consideration of related policies. Boyd v. United States, 116 U. S. 616. In dealing with the compulsory production of a private paper for use in a forfeiture proceeding, the Court stated:
“The principles laid down [in Entick v. Carring-ton, 19 How. St. Tr. 1029, 95 Eng. Rep. 807] affect the very essence of constitutional liberty and security. . . . [T]hey apply to all invasions on the part of the government and its employés, of the sanctity of a man’s home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property, where that right has never been forfeited by his conviction of some public of-fence .... Breaking into a house and opening boxes and drawers are circumstances of aggravation; but any forcible and compulsory extortion of a man’s own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods, is within the condemnation of that judgment. In this regard the Fourth and Fifth Amendments run almost into each other.” Id., at 630.
Although the subpoena in Boyd was directed at the person asserting the privilege, that fact cannot be allowed to obscure the basic thrust of the Court’s reasoning: the Fourth and Fifth Amendments delineate a “sphere of privacy” which must be protected against governmental intrusion. We confirmed in Murphy v. Waterfront Comm’n, 378 U. S. 52, 55, that “our respect for the inviolability of the human personality and of the right of each individual 'to a private enclave where he may lead a private life’ ” is a fundamental policy underlying the Fifth Amendment.
The majority contends, however, that petitioner cannot reasonably claim “an expectation of protected privacy or confidentiality.” The reasons asserted for this position overlook the nature of the accountant-client relationship. The accountant, an agent for a specified purpose — i. e., completing the petitioner’s tax returns — bore certain fiduciary responsibilities to petitioner. One of those responsibilities was not to use the records given him for any purpose other than completing the returns. Under these circumstances, it hardly can be said that by giving the records to the accountant, the petitioner committed them to the public domain.
I defined what I believe to be the boundaries of this right to privacy in Warden v. Hayden, 387 U. S., at 323:
“The constitutional philosophy is, I think, clear. The personal effects and possessions of the individual (all contraband and the like excepted) are sacrosanct from prying eyes, from the long arm of the law, from any rummaging by police. Privacy involves the choice of the individual to disclose or to reveal what he believes, what he thinks, what he possesses. The article may be a nondescript work of art, a manuscript of a book, a personal account book, a diary, invoices, personal clothing, jewelry, or whatnot. Those who wrote the Bill of Rights believed that every individual needs both to communicate with others and to keep his affairs to himself. That dual aspect of privacy means that the individual should have the freedom to select for himself the time and circumstances when he will share his secrets with others and decide the extent of that sharing.”
The majority, by the seeming implications of its opinion, has cleared the way for investigatory authorities to compel disclosure of facets of our life we heretofore considered sacrosanct. We are told that “situations may well arise where . . . the relinquishment of possession is so temporary and insignificant as to leave the personal compulsions upon the accused substantially intact.” I can see no basis in the majority opinion, however, for stopping short of condemning only those intrusions resting on compulsory process against the author of the thoughts or documents. Are we now to encourage med-riling by the Government and ever more ingenious methods of obtaining access to sought-after materials? The premium now will be on subterfuge, on bypassing the master of the domain by spiriting the materials away or compelling disclosure by a trusted employee or confidant. Inevitably, this will lead those of us who cherish our privacy to refrain from recording our thoughts or trusting anyone with even temporary custody of documents we want to protect from public disclosure. In short, it will stultify the exchange of ideas that we have considered crucial to our democracy.
II
The decision may have a more immediate impact which the majority does not consider. Our tax laws have become so complex that very few taxpayers can afford the luxury of completing their own returns without professional assistance. If a taxpayer now wants to insure the confidentiality and privacy of his records, however, he must forgo such assistance. To my mind, the majority thus attaches a penalty to the exercise of the privilege against self-incrimination. It calls for little more discussion than to note that we have not tolerated such penalties in the past. Cf. Uniformed Sanitation Men v. Commissioner of Sanitation, 392 U. S. 280; Gardner v. Broderick, 392 U. S. 273.
HH HH 1 — 1
Thus, I would reverse the decision below, finding that the subpoena violated both petitioner’s Fourth and Fifth Amendment rights. I offer one more observation. The majority cautions that respect for our constitutional principles is eroded “when they leap their proper bounds.” We should not be swayed by the popular cry for a formalistic and narrow interpretation of those provisions which safeguard our fundamental rights.
It is a Constitution we are construing, not a legislative-judicial code of conduct that suits our private value choices or that satisfies the appetite of prosecutors for more and more shortcuts that avoid constitutional barriers. Those constitutional barriers and the judicial traditions supporting them are the sources of the privacy we value so greatly. That privacy “protects people,” not places, under the Fourth Amendment, Katz v. United States, 389 U. S. 347, 353. And, as already noted, Boyd v. United States, supra, held that when it comes to the “forcible and compulsory extortion of a man’s own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods,” that is an illustration of the manner in which “the Fourth and Fifth Amendments run almost into each other.” 116 U. S., at 630.
One’s privacy embraces what the person has in his home, his desk, his files, and his safe as well as what he carries on his person. It also has a very meaningful relationship to what he tells any confidant — his wife, his minister, his lawyer, or his tax accountant. The constitutional fences of law are being broken down by an ever-increasingly powerful Government that seeks to reduce every person to a digit.
Mr. Justice Marshall,
dissenting.
I cannot agree with the majority that the Constitution permits the Government to enforce the summons issued in this case. The opinion of the Court fails to articulate the basis of its result in a way that addresses the range of constitutional concerns involved. The majority seems to create a bright-line rule that no constitutional right of petitioner is violated by enforcing a summons of papers not in her possession. Like Mr. Justice Brennan, I could not accept such a rule. However, the majority blurs the line by suggesting that temporary relinquishment of possession presents a different case, see ante, at 333. The Court expressly disclaims the proposition that possession alone is determinative of the availability of constitutional protection for petitioner’s papers. Ante, at 336, and 333 n. 16. But neither the opinion of the Court nor the concurring opinion of Mr. Justice Brennan supplies a clearly articulated constitutional basis for the rule adopted. If the considerations that underlie the Court’s expressed concerns are stated explicitly, I think it is clear that the Court has failed to apply correctly the standards which it appears to find relevant. I agree, of course, that possession does not define the limits of the protection that the Constitution affords to private papers, and add these comments to indicate how I would treat claims like petitioner's.
A. I begin with Boyd v. United States, 116 U. S. 616 (1886), whose continuing vitality is indicated by the majority’s effort to distinguish it. That was a suit for the forfeiture of 35 cases of plate glass alleged to have been illegally imported. In the course of the forfeiture proceeding, the Government introduced into evidence an invoice of a prior shipment. The defendants objected on the ground that the use of the invoice violated their rights under the Fourth and Fifth Amendments, because the invoice was a private paper secured by a subpoena. This Court found a violation of both amendments.
One might interpret Boyd as holding that the Fifth Amendment prohibits the use of private papers in a criminal proceeding over the author’s objection. The words of the Fifth Amendment surely can be read in that way. The use of the papers over objection “compel [s the author] in .[a] criminal case to be a witness against himself.” The compulsion occurs when the paper is introduced over objection, not when the paper is written or subpoenaed.
But that interpretation has not been adopted by this Court. See, e. g., Perlman v. United States, 247 U. S. 7 (1918); Johnson v. United States, 228 U. S. 457 (1913). And in some possible cases, consistent application of that interpretation of Boyd might lead to results at odds with common sense.
Another interpretation of Boyd has been accepted by this Court and by the leading commentators. See, e. g., Curcio v. United States, 354 U. S. 118, 125 (1957); 8 J. Wigmore, Evidence § 2264 (McNaughton rev. 1961); C. McCormick, Evidence §§ 126-127 (2d ed. 1972). When a party produces potentially incriminating evidence in response to a summons or subpoena, he implicitly testifies that the evidence he brings forth is in fact the evidence demanded. “The custodian’s act of producing books or records in response to a subpoena duces tecum is itself a representation that the documents produced are those demanded by the subpoena. Requiring the custodian to identify or authenticate the documents for admission in evidence merely makes explicit what is implicit in the production itself.” Curcio v. United States, 354 U. S., at 125.
The potential for incrimination inherent in the act of production is illustrated by this case. The summons here called for the production of “[a] 11 books .. . pertaining to the tax liability of” petitioner. Had the summons been directed to her, she would have implicitly testified, on producing some papers, that these were “all” the records sought. The Internal Revenue agents believed that she may have understated her income. Their belief might have been confirmed on examining all of .her records, but not on examining only some of them. The records could then be used in a subsequent criminal prosecution for underreporting her income. If she produced only some of her books, though, she would be liable for contempt of the order. The Fifth Amendment was designed to prevent the Government from placing potential defendants in such a position. Cf. Murphy v. Waterfront Comm’n, 378 U. S. 52, 55 (1964).
These considerations operate only against the person in possession of the papers, as the majority correctly points out. In this ease, the accountant to whom the summons was directed made no claim that turning over the records he has might incriminate him, for example, by exposing him to the charge that he had perjured himself in representing that the return prepared for petitioner was correct to the best of his knowledge and belief, 26 U. S. C. § 6065, or that he had knowingly aided in the preparation of a false return, 26 U. S. C. § 7206 (2). Nor could he be held to have represented more than that he had produced all the records in his possession.
However, the accepted interpretation of Boyd has an odd sound to it. Boyd emphasized that the invoice there was a private paper written by the defendants. Yet the accepted interpretation of the case makes the authorship and contents of the paper largely irrelevant. What is incriminating about the production of a document in response to an order is not its contents, as one might have thought, but the implicit authentication that the document is the one named in the order. If that is the only way rationally to interpret Boyd, it might make sense to do so. But it makes better sense to devise a rationale that focuses on the obvious concern of the case, the desire of the author of documents to keep them private.
B. This Court also held in Boyd that the Fourth Amendment was violated. Indeed, much of the opinion is devoted to a discussion of Entick v. Carrington, 19 How. St. Tr. 1029, 95 Eng. Rep. 807 (1765), a landmark in the development of the prohibition against unreasonable searches and seizures. Here, too, the doctrinal basis of the holding is unclear, in part because the Court correctly perceived that “[i]n this regard the Fourth and Fifth Amendments run almost into each other.” 116 U. S., at 630.
Boyd suggested that the Fourth Amendment prohibited the seizure of “mere evidence.” 116 U. S., at 623-624. See Gouled v. United States, 255 U. S. 298 (1921). Searches for mere evidence were unreasonable even if such searches were sure to produce evidence leading to a conviction. The precise contours of the “mere evidence” rule were shaped by concepts of property law which we now see as outmoded. See Warden v. Hayden, 387 U. S. 294, 303-307 (1967). But those concepts attempted to define, however imprecisely, a sphere of personal privacy that the Government could not enter over objection. See, e. g., Gouled v. United States, supra, at 304. And when this Court repudiated the “mere evidence” rule, it suggested that Fourth Amendment limitations might be devised precisely in terms of the interest in privacy, prohibiting the seizure of “items of evidential value whose very nature precludes them from being the object of a reasonable search and seizure.” Warden v. Hayden, 387 U. S., at 303. Cf. Stanford v. Texas, 379 U. S. 476, 485 (1965).
The Fourth and Fifth Amendments do not speak to totally unrelated concerns. Cf. Griswold v. Connecticut, 381 U. S. 479, 484-485 (1965); Murphy v. Waterfront Comm’n, 378 U. S., at 55. Both involve aspects of a person’s right to develop for himself a sphere of personal privacy. Where the Amendments “run almost into each other,” I would prohibit the Government from entering. The problem, as I see it, is to develop criteria for determining whether evidence sought by the Government lies within the sphere of activities that petitioner attempted to keep private. Cf. Katz v. United States, 389 U. S. 347, 351-352 (1967).
The first criterion, as Hayden suggests, is the nature of the evidence. Diaries and personal letters that record only their author’s personal thoughts lie at the heart of our sense of privacy. In contrast, I see no bar in the Fourth or Fifth Amendment to the seizure of a letter from one conspirator to another directing the recipient to take steps that further the conspiracy. Business records like those sought in this case lie between those cases. We are not so outraged by the intrusion on privacy that accompanies the seizure of these records as we are by the seizure of a diary, yet the records could not easily be called “instrumentalities” of tax evasion, particularly if they are accurate.
Second, we must consider the ordinary operations of the person to whom the records are given. A transfer to a lawyer is protected, not simply because there is a recognized attorney-client privilege, but also because the ordinary expectation is that the lawyer will not further publicize what he has been given. Again in contrast, a transfer to a trustee in bankruptcy or to a clerk of a court does not usually carry with it such expectations. That is how I would justify Johnson and Perlman. Here, too, the transfer in this case lies between the extremes. It would be relevant to a decision about the expectation of privacy that an accountant-client privilege existed under local law, but not determinative. Petitioner disclaimed reliance on such a privilege. Tr. of Oral Arg. 7. But I would think that, privileged or not, a disclosure to an accountant is rather close to disclosure to an attorney.
Third, the purposes for which the records were transferred is an element of an informed judgment about the author’s interest in the privacy of the papers. That a transfer is compelled by practical considerations if the author is to claim benefits available under the law, seems to me quite important. If petitioner had sought to take advantage of some complicated provision of the tax laws, and needed the help of an accountant to do so, I would be quite reluctant to hold that the transfer of her records was a surrender of the privacy of the papers. But cf. Johnson v. United States, 228 U. S. 457 (1913). As I understand it, the majority’s exception for temporary relinquishment of possession, and several of Mr. Justice Brennan’s exceptions, recognize the importance of this criterion.
Finally, we must take into account the steps that the author took to insure the privacy of the records. Cf. In re Harris, 221 U. S. 274, 280 (1911). Placing them in a safe deposit box is different from letting them remain for many years with an accountant.
It is not impossible that petitioner had indeed abandoned her claim to privacy in the papers sought by summons in this case. But the District Court and the Court of Appeals applied a rather rigid test which made possession alone conclusive. Those courts have more experience than we do with the ordinary practices of taxpayers, accountants, and Internal Revenue agents. They are therefore better able, in the first instance, to apply the criteria I believe are relevant, in light of their understanding of the ordinary practices in such cases. I would vacate the judgment and remand the case to the District Court for consideration of those criteria.
Sec. 7402. Jurisdiction op District Courts.
“(b) To enforce summons. If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, or other data, the district court of the United States for the district in which such person resides or may be found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, or other data.”
Sec. 7604. Enforcement op Summons.
“(a) Jurisdiction of district court. If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, records, or other data, the United States district court for the district in which such person resides or is found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, records, or other data.”
App. 59-60.
The District Court held that “[s]ince, at the time the summons was served, the taxpayer, Lillian V. Couch, was not in possession of the books, records and documents described in the summons, she may not assert any Fifth Amendment privilege against self-incrimination as a bar to the enforcement of the summons.” App. 6, 11. The opinion of the District Court (WD Va.) is not reported.
The Court of Appeals also noted that the answer to petitioner’s Fifth Amendment contentions lay in the fact that “the records were not in the intervenor’s [taxpayer’s] possession but were in the custody of her accountant,” 449 F. 2d 141, 143 (1971).
The summons, which is printed in full in App. 59-60, was issued on August 18, 1969, pursuant to 26 U. S. C. § 7602, which provides:
Examination of Books and Witnesses.
“For the purpose of ascertaining the correctness of any return, making a return where none has been made, determining the liability of any person for any internal revenue tax or the liability at law or in equity of any transferee or fiduciary of any person in respect of any internal revenue tax, or collecting any such liability, the Secretary or his delegate is authorized—
“(2) To summon the person liable for tax or required to perform the act, or any officer or employee of such person,- or any person having possession, custody, or care of books of account containing entries relating to the business of the person liable for tax or required to perform the act, or any other person the Secretary or his delegate may deem proper, to appear before the Secretary or his delegate at a time and place named in the summons and to produce such books, papers, records, or other data, and to give such testimony, under oath, as may be relevant or material to such inquiry; and
“(1) To examine any books, papers, records, or other data which may be relevant or material to such inquiry;
“(3) To take such testimony of the person concerned, under oath, as may be relevant or material to such inquiry.”
Petitioner also claimed that enforcement of the summons would violate her Fourth Amendment right to be secure from unreasonable searches and seizures. We agree with the Government, however/ that “this claim is not further articulated and does not appear to be independent of her Fifth Amendment argument.” Brief for United States 21-22. See part IV, infra.
There is clearly the joint civil and possibly criminal investigatory purpose in the instant case, see supra, at 324.
Donaldson cautioned only that the summons be issued in good faith and prior to a recommendation for criminal prosecution. 400 U. S., at 536. Neither of those conditions is successfully challenged here.
Technically the order to produce the records was directed to petitioner’s attorney since, after the summons was served upon the accountant, he ignored it and surrendered the records to the attorney. But constitutional rights obviously cannot be enlarged by this kind of action. The rights and obligations of the parties became fixed when the summons was served, and the transfer did not alter them. See United States v. Zakutansky, 401 F. 2d 68, 72 (CA7 1968), cert. denied, 393 U. S. 1021 (1969); United States v. Lyons, 442 F. 2d 1144 (CA1 1971).
A later Court commenting on the Boyd privilege noted that “the papers and effects which the privilege protects must be the private property of the person claiming the privilege, or at least in his possession in a purely personal capacity.” United States v. White, 322 U. S. 694, 699 (1944). (Emphasis added.)
Brief for Petitioner 13-14.
See also United States v. Cohen, 388 F. 2d 464, 468 (CA9 1967), where the court, in upholding the right of a possessor, nonowner, to assert the privilege, noted that “it is possession of papers sought by the government, not ownership, which sets the stage for exercise of the governmental compulsion which it is the purpose of the privilege to prohibit.” Though the instant case concerns the scope of the privilege for an owner, nonpossessor, the Ninth Circuit’s linkage of possession to the purposes served by the privilege was appropriate.
We do not; of course, decide what qualifies as rightful possession enabling the possessor to assert the privilege.
Brief for Petitioner 11-17.
Burdeau v. McDowell, 256 U. S. 465 (1921), also debated and cited in the briefs, held that the Government may retain for use against their owner in a criminal proceeding incriminating documents which were stolen by private individuals, without any governmental knowledge or complicity, and turned over to the Government. The Court, in denying the owner’s privilege, alluded primarily to the absence of any governmental compulsion against the accused, the precise factor considered in the instant case. It is true, as petitioner argues, that the case turns somewhat on a discussion of governmental versus private compulsion and invasion, but it is equally true that the Court in Burdeau failed to find any impermissible public compulsion on the owner absent his possession:
“We know of no constitutional principle which requires the Government to surrender the papers under such circumstances. Had it learned that such incriminatory papers, tending to show a violation of federal law, were in the hands of a person other than the accused, it having had no part in wrongfully obtaining them, we know of no reason why a subpoena might not issue for the production of the papers as evidence. Such production would require no unreasonable search or seizure, nor would it amount to compelling the accused to testify against himself.” Id., at 476.
In Johnson v. United States, 228 U. S. 457 (1913), the Court held that the books and records of a bankrupt transferred to a trustee in bankruptcy could be used as evidence against the bankrupt in a prosecution for concealing money from the trustee. Unlike the instant case, both title and possession passed in that transfer and the records were, in one sense, “published” by it. But the Court, in denying the privilege, recognized that the transfer also succeeded in removing the important element of personal compulsion against the accused, id., at 459, just as, in this case, the nature of the divestment of possession did.
Brief for Petitioner 13. At oral argument petitioner raised a similar concern:
“The Government goes so far as to contend, I believe, with their theory that any time it is out of your actual physical possession it is subject to subpoena .... If I were helping you across Constitution Avenue by carrying your briefcase, the Government holds that they could hand me a summons in the middle of Constitution Avenue and seize your documents to use against you in a criminal trial.” Tr. of Oral Arg. 14.
See, e. g., Schwimmer v. United States, 232 F. 2d 855 (CA8 1956), which involved an attorney’s partially successful motion to quash two subpoenas duces tecum issued in a grand jury proceeding against a corporation where the attorney had stored his office files. See also United States v. Guterma, 272 F. 2d 344 (CA2 1959), concerning the storage of taxpayer’s personal records in a safe in offices of a corporation which the taxpayer had served as Chairman of the Board. Only the taxpayer and an indicted co-defendant knew the combination of the safe, and the corporation had no access to it. The Court of Appeals upheld the taxpayer’s assertion of Fifth Amendment privilege as to his personal records in the face of a grand jury subpoena directed to the corporation.
Petitioner argues these cases support her position (Brief for Petitioner 14-15); the Government argues they can be distinguished from the instant case as involving mere custodial safekeeping of records, not disclosure of their information to a third person (Brief for United States 21). We refrain from judging the merits of such distinctions today.
Tr. of Oral Arg. 31.
As we noted, supra, at 324, his status is that of an independent contractor. He actually did “very little work for the petitioner,” had many other clients, and was compensated by the job. Tr. of Oral Arg. 8.
This is a significant point. The Government noted in oral argument:
“In the Internal Revenue Service practice, so long as the taxpayer has retained possession of the records and they are being used only by his full-time employees or others on the taxpayer’s premises, without the taxpayer having relinquished possession and control of the records, we ordinarily in those situations issue the summons to the taxpayer, because it is the taxpayer who has the dominion over the records and the authority to return the summons. And if the taxpayer chooses to plead the privilege against self-incrimination, that is up to the taxpayer.” Tr. of Oral Arg. 30.
See n. 6, supra. The summons satisfied the requirements in United States v. Powell, 379 U. S. 48, 57-58 (1964), and, as explained above, the necessary expectation of privacy to launch a valid Eourth Amendment claim does not exist. Katz v. United States, 389 U. S. 347 (1967).
The dissenting opinion of Mr. Justice Marshall implies that the Court has created a “bright-line rule that no constitutional right of petitioner is violated by enforcing a summons of papers not in her possession.” Post, at 344. This implication does not reflect accurately the position of the Court. Indeed, it ignores the language of the Court, supra, at 333-335, and nn. 15-18. We do indeed attach constitutional importance to possession, but only because of its close relationship to those personal compulsions and intrusions which the Fifth Amendment forbids. Yet, contrary to any intimation in the dissent, we do not adopt any per se rule. We also decline to conjecture broadly on the significance of possession in cases and circumstances not before this Court.
In some of these instances, to be sure, the person claiming the privilege would not himself have been the subject of direct Government compulsion. And there is no doubt that the Fifth Amendment is concerned solely with compulsory self-incrimination. But surely the availability of the Fifth Amendment privilege cannot depend on whether or not the owner of the documents is compelled personally to turn the documents over to the Government. If private, testimonial documents held in the owner’s own possession are privileged under the Fifth Amendment, then the Government cannot nullify that privilege by finding a way to obtain the documents without requiring the owner to take them in hand and personally present them to the Government agents. Where the Government takes private records from, for example, a safety deposit box against the will of the owner of the documents, the owner has been compelled, in my view, to incriminate himself within the meaning of the Fifth Amendment.
This is not to say, of course, that we must not be acutely alert to any “recurrence of the Inquisition and the Star Chamber, even if not in their stark brutality.” Ullmann v. United States, 350 U. S. 422, 428 (1956). See, e. g., Miranda v. Arizona, 384 U. S. 436 (1966).
The Court in Boyd also stated that it was unable “to perceive that the seizure of a man’s private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself. We think it is within the clear intent and meaning of those terms.” Id., at 633. Subsequent decisions, however, have refused to apply the privilege to bar the introduction of “testimonial” evidence where the author no longer has any property rights or a valid claim to confidentiality and privacy. See, e. g., Perlman v. United States, 247 U. S. 7; Johnson v. United States, 228 U. S. 457. Obviously, the Court is not disposed to reconsider those decisions as they apply to instances where the author has not knowingly and intelligently waived his privilege against self-incrimination. In any event, I do not believe it is necessary to reach that issue here because, as I will discuss below, I believe that the petitioner has a valid claim to confidentiality and privacy.
The majority states that what information to disclose in the petitioner’s tax returns is largely in the accountant’s discretion. Therefore, it argues, the accountant’s own need for self-protection (to answer a possible charge of assisting in the preparation of a false return) would often require the right to disclose the information given him. It may be that the accountant’s fiduciary responsibilities must yield in this event, but that was not the case here.
The majority notes that “the accountant himself worked neither in petitioner’s office nor as her employee.” I cannot see how that factor bears on whether the “ingredient of personal compulsion against [the] accused” is present, or whether the accountant was a confidant. The majority would seem to suggest, however, that petitioner, because her business did not call for, or because she could not afford, a full-time accountant, deserves less protection under the Fifth Amendment than a taxpayer more fortunately situated.
In holding that “mere evidence” is not protected from seizure under the Fourth Amendment, the Court expressly refused to consider “whether there are items of evidential value whose very nature precludes them from being the object of a reasonable search and seizure.” Warden v. Hayden, 387 U. S. 294, 303. The answer to that question was clear to me when I dissented in that case and remains clear to me now.
In part this results from the conflation of petitioner’s claims under the Fourth and Fifth Amendments. See ante, at 325-326, n. 6. But the constitutional claims are complicated, and their articulation is difficult. The opinion of the Court does not, I believe, present an acceptable rationale for its holding.
It may be that everything in this opinion is implicit in the opinion of the Court. The majority recognizes the importance of the purposes of the transfer, ante, at 334, the steps taken to protect the privacy of the records, ibid., and the ordinary operations of the recipient, ibid. I would be pleased to discover that we had no serious disagreements about the guiding principles in this case, but only a relatively minor disagreement about its proper disposition.
For example, suppose a noted criminal lawyer walked into a police station and presented the desk sergeant with his handwritten confession to the arson of his neighbor's house. Boyd v. United States, 116 U. S. 616 (1886), read as suggested in the text, would bar the use of that document if, at trial, the defendant objected.
That case might be analyzed as a problem of waiver: did the manner in which the author revealed the paper indicate a knowing decision to surrender his rights? The cases that stand in the way of the simplest interpretation of Boyd might be treated similarly. But the “waiver” in those cases was not a waiver in the ordinary sense. In Johnson, for example, the defendant had been indicted for concealing money from his trustee in bankruptcy. The Bankruptcy Act required that he turn over his books to the trustee, and the books were used against Johnson in the criminal case. The transfer of the books was required if Johnson was to have the benefits of bankruptcy available to him. To make that transfer a waiver of Fifth Amendment rights would be to impose an unconstitutional condition.
Still, even if “waiver” is an inappropriate term here, the underlying notion that someone may behave in a way that indicates a relinquishment of his constitutional rights is sound. I rely on it as the proper term to use in analyzing claims like petitioner’s. See infra, at 350.
Another way of seeing the oddity of this interpretation is to consider whether the person who produces documents other than those called for has committed perjury. Perhaps he has, but the perjury is an unusual one. Yet perjury is the third hom of the "cruel trilemma” that the Fifth Amendment was designed to eliminate.
Another interpretation of Boyd makes ownership crucial. A person who owns something has the right to exercise a great deal of control over it. When the Government seizes it, the owner is compelled to give up that right. This interpretation is consistent with the observation in Boyd that contraband and instrumentalities of crime can be seized because the Government has a superior property right in them. However, this interpretation runs into the same difficulties as the accepted one; in particular, it makes the authorship and content of the property irrelevant. And the emphasis on property rights in this area has since been abandoned. See, e. g., Warden v. Hayden, 387 U. S. 294 (1967).
I recognize that there is an alternate view, that unless a Fifth Amendment privilege is involved, the Fourth Amendment authorizes intrusion when it is not unreasonable. However, this Court has held that increasingly severe standards of probable cause are necessary to justify increasingly intrusive searches. Cf. Camara v.
Municipal Court, 387 U. S. 523 (2967); Terry v. Ohio, 392 U. S. 1 (1968); Stanford v. Texas, 379 U. S. 476 (1965). The precise elements required of a Fifth Amendment violation need not coincide exactly with the elements of an invasion of privacy that should be considered unreasonable, and I see no reason to confine the sphere of privacy free from intrusion to just what the Fifth Amendment protects.
| CASELAW |
Harun-or-Rashid (academic)
Harun-or-Rashid (born 27 October 1954) is a Bangladeshi academic. He is a former vice-chancellor of Bangladesh National University.
Education
Born in Barishal District, Rashid obtained bachelor's and master's degrees from the University of Dhaka. He earned his Ph.D. degree from the University of London in 1983. He was engaged in post-doctoral research at the Institute of Commonwealth Studies in University of London during 1992–93 under Commonwealth Academic Staff Fellowship.
Career
In 1979, Rashid started his career as a lecturer in political science at the University of Chittagong. He became an assistant professor in 1984. He returned to the University of Dhaka as assistant professor in 1985. He went on to become associate professor and professor of political science in 1990 and 1995 respectively.
At the University of Dhaka, Rashid served as the pro-vice-chancellor during 2009–2012 and the provost of A.F. Rahman Hall during 1997–2001.
Rashid joined the Bangladesh National University as the vice-chancellor on 6 March 2013.
Works
* The Foreshadowing of Bangladesh: Bengal Muslim League and Muslim Politics, 1906–1947 (1987; UPL 2003,2012,2015,2018)
* Bangladesh: Politics, Governance and Constitutional Development, 1757–2018 (2018)
* Statehood Ideal of the Bengalis and the Emergence of Bangladesh (2001)
* Inside Bengal Politics 1936–1947: Unpublished Correspondence of Partition Leaders (2003, 2018)
* Unfinished Memoirs of Bangabandhu Revisited (2013, 2015, 2018)
Awards
* Bangla Academy Literary Award (2021) | WIKI |
Wikipedia:Articles for deletion/SuperKombat World Grand Prix II
The result was delete. sourcing issues do not appear to have been addressed so the delete side wins it. Can i remind the participants that casting aspertions on the motivations and actions of other users could be a good way to get your votes discarded so please don't do it. Spartaz Humbug! 19:50, 11 July 2011 (UTC)
SuperKombat World Grand Prix II
* – ( View AfD View log )
In my opinion, this is a blatant use of the encyclopedia for event promotion. Using a poster to illustrate the page demonstrates the slippery slope issues at play. Not all sporting events are notable. Provided sources for event are sports blogs. As I stated in the AfD procedure for this event's predecessor (which has already occurred and not drawn significant resonance from the kickboxing media): "Filling in a redlink on a notable fighter's kickboxing record seems a low bar for inclusion." Since the event hasn't occurred, WP:CRYSTAL is also in play here. BusterD (talk) 13:46, 2 July 2011 (UTC)
* Note: This debate has been included in the list of Martial arts-related deletion discussions. —BusterD (talk) 13:52, 2 July 2011 (UTC)
* Note: This debate has been included in the list of Events-related deletion discussions. —BusterD (talk) 13:52, 2 July 2011 (UTC)
— BusterD (talk • contribs) has made few or no other edits outside this topic.
* The above tag has no basis in reality. 13,000 edits here since 2005. BusterD (talk) 16:13, 2 July 2011 (UTC)
* The tag was added by Cyperus in an unsigned edit here.--Bbb23 (talk) 16:19, 2 July 2011 (UTC)
* agreed it is a poor attempt to discredit the nominator. the tags is for single purpose editors, clearly people are going to resort to desperate tactics to save these articles. LibStar (talk) 16:15, 2 July 2011 (UTC)
* Keep The contributor has already added sources and it’s obvious that more details will emerge as the event occurs. I would suggest people wait till the outcome of the first Super Kombat page before nominating extra pages as it does feel like the kickboxing pages are under siege by deletionists who are nominating what seems to be every single page. As mentioned in previous nominations this is a notable up and coming promotion which has notable fighters competing in a tournament format competition with tv and media interest from across the world including Eurosport one of the top sports channels in Europe. If you have any idea about mma or kickboxing think 3rd most notable in Europe behind It's Showtime and possibly United Glory (about 4th or 5th globally). This is an important event and it should not be deleted on notability issues. If people think we are here to promote events in some sort of sinister manner you are wrong. We are fans who are passionate about our sport. Thank you. jsmith006 (talk) 15:01, 2 July 2011
Cyperuspapyrus (talk) 16:17 CET, 2 July 2011
* Strong Keep Another abuse of some users that hint positions and want to make points on our back, honest writers who improve the kickboxing database. There are lot of kickboxing fans who use in this moment wikipedia, because of our work (Marty, Jsmith, me and others who are involved in the kickboxing projects) the database is the most complete on the internet. About this Superkombat organisation: considering K-1's decline, this Romanian promotion is in this moment considered the second promotion from the world, after the famous Dutch It's Showtime. There will be one title involved in this event, from parental organisation WAKO-Pro, while other notable fithers are scheduled to fight: Stefan Leko, Mighty Mo (kickboxer), Singh Jaideep, etc. I would also argue that martial arts are not as mainstream as most other sports so relying on the big newspapers like the New York Times for event details is not going to be possible. But, the promotion signed a contract with Eurosport (all the events are LIVE broadcasts on this tv channel) and with televisions from Asia, South America and Pacific. IF YOU KEEP ABUSING US (the honest kickboxing writers who write work here as volunteers), we will leave the community! This is an abuse, kickboxing is practically dead in United States, where you follow mainly MMA. You practically dont respect the other continents, Europe and Asia, from where this phenomen appeared. You are completely behind kickboxing and dont have minimum knowledges, no offence.
* Delete. Per nom. Similar articles are being proposed for deletion, and my assumption is that the same supporting editors of these "events" will be voicing their support and outrage. See Articles for deletion/SuperKombat World Grand Prix I. Many, like Cyperus, appear to take these nominations personally and make silly threats (see above).--Bbb23 (talk) 14:29, 2 July 2011 (UTC)
* Comment (to above) Your assumption is absolutely correct Bbb23 although your reasons are not. If many people are taking it personally then maybe it’s because you aren’t very good at communication. Calling Cyperus threats silly because he cares about his pages and is genuinely upset about his (sourced and notable) pages being nominated is pretty cold (not very fitting for a person who doesn't like mean people according to his profile). If I’d have had you guys ganging up on me two years ago I probably wouldn’t be here either. We may seem like stupid kickboxing fans who aren’t into philosophy or the wonders of the universe but the events we write about are notable for kickboxing. The recent (possibly deliberate) targeting of our pages by people with little or no knowledge of the sport, actually appears very unfair esp as sources have been applied and weaker pages haven't got a mention. I’ve worked on kickboxing pages for over two years here and never had a problem till recently – it’s quite distressing to see something you have worked on for two years seemingly being undone before our eyes. jsmith006 (talk) 15:57, 2 July 2011
* Comment. It's human and understandable after investing time and energy in an article to want to keep it, even though, of course, none of us owns the articles we work on or create. However, Cyperus's comments go well beyond such a response, screaming and crying abuse and conspiracy. "Silly" is a nicer word than he deserves. Frankly, you're part of the problem as phrases like "ganging up" and "possibly deliberate" are clearly euphemisms for the same allegations of conspiracy. Anyway, fortunately, Cyperus has you to comfort him and to encourage such misguided views. See here.--Bbb23 (talk) 16:01, 2 July 2011 (UTC)
* To above - Well done for checking his talk page – you really got me there. Of course I’m going to offer support. If I’m correct you were the one who had some sort of argument with Cyperus to start with – before I’d even begun my role as ‘comforter’ so to accuse me as part of the problem is absolutely laughable. Cyperus is a young user who is only just getting to grips with Wikipedia, to who English is a second language, and you a supposed hater of ‘mean people’ could have been more understanding given the circumstances. One last thing, have you even checked how many kickboxing pages have been nominated recently SuperKombat World Grand Prix, SuperKombat World Grand Prix II, all of Thai & Kickbox SuperLeague, K-1 Europe Grand Prix 2009 in Tallinn, K-1 Rumble of the Kings 2009 in Stockholm, KOK Europe GP 2011 in Vilnius/KOK Europe GP 2011 in Chişinău – if this isn’t a concerted effort by deletionists (one in particular) then I don’t know what is. I won’t even ask your opinion on it because to you guys this is probably better than Christmas for a four year old. “Quick guys over to the K-1 pages there’s deleting to be done”. jsmith006 (talk) 17:49, 2 July 2011
* Actually, you do a better job confirming that you are part of the problem than I could ever do. However, all of our comments are becoming distracting. Hopefully, every AfD will be evaluated on its own terms.--Bbb23 (talk) 17:02, 2 July 2011 (UTC)
* What an earth are you talking about – I’m part of the problem – what problem is that, resistance to you guys? I don’t remember ever going around to multiple pages and slapping a deletion symbol without even consulting anyone. I haven’t gone around saying that you’d better not create anymore pages until this is sorted out. All I’ve done is stuck to my subject of speciality and created pages. If you think it’s a good thing to make things so rigid that people in certain fields are scared to contribute or are driven off because they don’t want to have to deal with this sort of thing – then yes (to you) I must be part of the problem. jsmith006 (talk) 18:17, 2 July 2011
* Keep There is absolutely nothing wrong with this article. It is notable and well sourced. It was also one of the biggest cards of the year.WölffReik (talk) 15:33, 2 July 2011 (UTC)
* do you have any sources to back your claim of "biggest cards"? LibStar (talk) 15:31, 2 July 2011 (UTC)
* Delete event hasn't even occurred yet. and for it to pass notability it must have third party sources. being telecast in 83 countries is not a claim for notability. LibStar (talk) 15:31, 2 July 2011 (UTC)
* Comment Title match, maybe notable? Fighters that are scheduled to fight? Should we also delete the It's Showtime events in your opinion? Let's delete whole kickboxing database. It's Showtime and SuperKombat are not important, it doesnt matter there are both top 3 in the world organisations. And same users came here too, I wonder if there are not same person. Cyperuspapyrus (talk)) 17:38 CET, 2 July 2011
* no, just because WP:OTHERSTUFFEXISTS is not a reason for keeping. please provide evidence of third party sources (ie not connected to kickboxing or the televising) to demonstrate notability. LibStar (talk) 15:43, 2 July 2011 (UTC)
* Delete With the notable exception of WP:CRYSTAL arguments supporting deletion, this thread looks essentially identical to the other kickboxing AfDs. I found this Romanian news source, but it's a brief mention of the event and the fighters involved. I'm not convinced this is enough coverage, though there may be more after the event occurs, at which point it would be appropriate to make this article. I, Jethrobot drop me a line 18:23, 2 July 2011 (UTC)
* To Jehrobot - thank-you that is a constructive comment we can work with. To other deletionists, this is how to get your point across without upsetting people. jsmith006 (talk) 19:48, 2 July 2011
* New Source or type Local Kombat prezinta gala SUPERKOMBAT Constanta! Stefan Leko se bate cu Morosanu! Vezi TOT cardul galei de pe 16 – preview showing fighters etc. The website it belongs to also has boxing, wrestling, mma and is the premier website for combat sports in Romania. jsmith006 (talk) 12:03, 5 July 2011
* Not really Another kombat.ro? That's three. Fails WP:DIVERSE. All of these sources are merely sports promotion, and don't meet the standard for independent reliable sources. I could see a merge between all three events and the parent company. To make it clear: This page fails WP:CRYSTAL, because the event hasn't even occurred yet. It fails every other test of WP:EVENT as well. Fails WP:EFFECT, fails WP:INDEPTH, fails WP:GEOSCOPE, and fails WP:PERSISTENCE. I'm seeing no clash on those issues. I'm seeing zero policy-based arguments for keeping above. I'm seeing lots of: "we're so put upon in this this arena of editing..." and "but it is too really important..." I'm not buying it, and neither should the closing admin. BusterD (talk) 11:33, 10 July 2011 (UTC)
| WIKI |
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Skin Cancer
Melanoma is a type of skin cancer that can affect anyone. When found early and treated, the cure rate is nearly 100%. However, if allowed to grow, melanoma can spread to other parts of the body quickly. When melanoma spreads, it can be deadly.
Dermatologists believe that the number of deaths from melanoma would be much lower if people knew the warning signs of melanoma and examined their skin for signs of cancer. When checking moles on the skin, a person should look for the ABCDEs of melanoma.
What are the signs of melanoma?
A = Asymmetry: One half is unlike the other half
B = Border: An irregular, scalloped or poorly defined border
C = Color: Varies from one area to another; has shades of tan, brown or black, or is sometimes red, white or blue
D = Diameter: Melanomas are usually greater than 6mm (the size of a pencil eraser) when diagnosed, but can be smaller
E = Evolving: Mole or skin lesion looks different from the rest or is changing in size, shape or color
Anyone can get melanoma but there are some people that are at higher risk. These include people with the following traits:
• Fair skin (the risk is higher if the person has red or blond hair and blue or green eyes)
• Sun-sensitive skin (rarely tans or burns easily)
• 50-plus moles, large moles or unusual-looking moles
• Has had bad sunburns or spent significant time tanning (sun, tanning beds, or sun lamps)
• Family medical history (someone in the family has been diagnosed with melanoma)
Of the seven most common cancers in the US, melanoma is the only one whose incidence is increasing. Women aged 39 and under have a higher probability of developing melanoma than any other cancer except breast cancer. The majority of people diagnosed with melanoma are white men over age 50. Melanoma is now the most common cancer among people 25-29 years old.
It is believed that knowing the signs of melanoma and checking the skin frequently will increase the likelihood of catching melanoma before it spreads and becomes more dangerous. Contact us to set up your appointment for a skin cancer screening. | ESSENTIALAI-STEM |
Everyday of My Life (Little River Band song)
"Everyday of My Life" is a song by Australian band Little River Band, released in April 1976 as the first and only single from the group's second studio album, After Hours. The song peaked at number 29 on the Australian Kent Music Report singles chart.
Track listings
* 7" (EMI 11116)
* Side A. "Everyday of My Life" - 3:40
* Side B. "Days On the Road" - 3:45 | WIKI |
Page:Nine Unlikely Tales.djvu/217
Rh So the old woman had to be contented. She tied Martha up in the unprotected corner of her inner enclosure and then she planted little baby apple trees and had a house built and sat down in it and waited.
And the King was almost happy. The creepy, crawly yellow caterpillars ate up Clover Hill—all except the little green crown on the top, where the apple trees were and the two red brick walls and the little house and the old woman.
The poor Queen went on seeing to the jam and the pickles and the blanket washing and the spring cleaning, and every now and then she would say to her husband—
“Fortunatus, my love, do you really think Miss Fitzroy Robinson is trustworthy? Shall we ever see our Daisy again?”
And the King would rumple his fair hair with his hands till it stuck out like cheese straws under his crown, and answer—
“My dear, you must be patient; you know we had the very highest references.”
Now one day the new yellow brick town the King had built had a delightful experience. Six handsome Princes on beautiful white horses came riding through the dusty little streets. The housings of their chargers shone with | WIKI |
• Corpus ID: 220364485
Automatic semantic segmentation for prediction of tuberculosis using lens-free microscopy images
@article{NunezFernandez2020AutomaticSS,
title={Automatic semantic segmentation for prediction of tuberculosis using lens-free microscopy images},
author={Dennis N'unez-Fern'andez and Lamberto Ballan and Gabriel Jim'enez-Avalos and Jorge Coronel and Mirko Zimic},
journal={ArXiv},
year={2020},
volume={abs/2007.02482}
}
Tuberculosis (TB), caused by a germ called Mycobacterium tuberculosis, is one of the most serious public health problems in Peru and the world. The development of this project seeks to facilitate and automate the diagnosis of tuberculosis by the MODS method and using lens-free microscopy, due they are easier to calibrate and easier to use (by untrained personnel) in comparison with lens microscopy. Thus, we employ a U-Net network in our collected dataset to perform the automatic segmentation of…
Figures from this paper
A State-of-the-art Survey of U-Net in Microscopic Image Analysis: from Simple Usage to Structure Mortification
TLDR
The improved methods of U-Net are summarized and the existing significances of image segmentation techniques and their improvements that has introduced over the years are listed.
References
SHOWING 1-9 OF 9 REFERENCES
U-Net: Convolutional Networks for Biomedical Image Segmentation
TLDR
It is shown that such a network can be trained end-to-end from very few images and outperforms the prior best method (a sliding-window convolutional network) on the ISBI challenge for segmentation of neuronal structures in electron microscopic stacks.
A Modified U-Net Convolutional Network Featuring a Nearest-neighbor Re-sampling-based Elastic-Transformation for Brain Tissue Characterization and Segmentation
TLDR
The goal of this work was to improve the U-net model by replacing the de-convolution component with an up- sampled by the Nearest-neighbor algorithm and also employing an elastic transformation to augment the training dataset to render the model more robust, especially for the segmentation of low-grade tumors.
U-Net: deep learning for cell counting, detection, and morphometry
TLDR
An ImageJ plugin is presented that enables non-machine-learning experts to analyze their data with U-Net on either a local computer or a remote server/cloud service.
Intracranial Vessel Wall Segmentation Using Convolutional Neural Networks
TLDR
An automated vessel wall segmentation method based on FCN as well as the IVA framework for 3-D intracranial MR VWI would make large-scale quantitative plaque analysis more realistic and promote the adoption of MRVWI in ICAD management.
ImageNet classification with deep convolutional neural networks
TLDR
A large, deep convolutional neural network was trained to classify the 1.2 million high-resolution images in the ImageNet LSVRC-2010 contest into the 1000 different classes and employed a recently developed regularization method called "dropout" that proved to be very effective.
Deep Machine Learning - A New Frontier in Artificial Intelligence Research [Research Frontier]
TLDR
An overview of the mainstream deep learning approaches and research directions proposed over the past decade is provided and some perspective into how it may evolve is presented.
Face Detection Using Convolutional Neural Networks and Gabor Filters
TLDR
This paper proposes a method for detecting facial regions by combining a Gabor filter and a convolutional neural network, which yields better classification performance in comparison to the results obtained by the convolutionals alone.
Performance of convolutional neural networks for identification of bacteria in 3D microscopy datasets
TLDR
A 3D convolutional neural network is applied to distinguish bacteria and non-bacterial objects in 3D light sheet fluorescence microscopy images of larval zebrafish intestines, and is found to be as accurate as human experts, outperforms the feature-based methods, and generalizes well to a different bacterial species through the use of transfer learning.
Implementación de un sistema de telediagnóstico de tuberculosis y determinación de multidrogorresistencia basada en el método Mods en Trujillo
• Perú. Revista Peruana de Medicina Experimental y Salud Publica | ESSENTIALAI-STEM |
4 pieces of evidence showing FBI Director James Comey cost Clinton the election
Outside contributors' opinions and analysis of the most important issues in politics, science, and culture. Donald Trump has called his election a historic landslide, but it was anything but. Only two other presidents have been elected with smaller popular vote margins since records began in 1824. His edge in the Electoral College, while decisive, depends on less than 80,000 votes across three states (Wisconsin, Michigan, and Pennsylvania) out of more than 135 million cast nationwide. It was a very close election. In a close election, there are a million reasons “why” it was close. Trump’s popularity with working-class whites. Turnout among the Democratic base. Campaign malpractice in the Midwest. Jill Stein. Millennials. Most are probably true in the sense they could move enough votes. The Clinton campaign, however, has centered its why-we-lost narrative on the “Comey effect,” along with another outside factor, Russia’s hacking of DNC and Clinton campaign email accounts. The “Comey effect” refers to the impact of FBI Director James Comey’s October 28 letter to the House Judiciary Committee announcing the discovery new emails that appeared pertinent to their closed investigation of Clinton and his subsequent letter on November 6 that absolved Clinton (after millions of votes had already been cast early). Many people — most notably Trump and other Republicans — have scoffed at the claim that the letter changed the outcome of the election, suggesting that it’s a convenient excuse for a weak candidate who made some questionable strategic decisions. But the Comey effect was real, it was big, and it probably cost Clinton the election. Below, we present four pieces of evidence demonstrating that this is the case. When we began looking at the data, we were skeptical that Comey’s intervention was decisive. Politicos are notoriously prone to attributing election outcomes to gaffes and other oversimplified causes. It was once posited that a single awkward scream cost Howard Dean his shot at winning the Democratic primary, that the Willie Horton ad destroyed Michael Dukakis, and that the notorious “47 percent” video from 2012 caused Mitt Romney’s loss. Research since has debunked the idea that these incidents were decisive factors. In almost every case, the effects of supposed “game changers” tend to be smaller than broader structural factors, including the state of the economy, the popularity of the incumbent and how long a single party has held the White House. But Comey’s letter is unique for a few reasons. First, it was an intervention by an institution that Americans have largely perceived as nonpartisan. (Indeed, the FBI actively works to foster that image.) Second, the intervention was almost perfectly timed to impact Clinton at the worst time — dominating the final week of campaigning as an unusually large number of undecided voters made up their minds. Finally, it aligned perfectly with the narrative pushed by Trump — and bolstered by the media’s obsessive coverage of how Clinton handled her State Department email, and the slow-drip release of hacked emails — that Clinton was somehow fundamentally corrupt. Understanding what happened in 2016 is crucial to understanding how to move forward, as efforts to reform the Democratic Party will be largely based on the stories the party tells itself about its defeat this time around — and those stories will also shape narratives about future presidential contenders. First is battleground state polling data from the late stages of the campaign. One of the reasons the outcome on November 8 was shocking for so many is Trump notched surprise victories not only in purple Florida and Ohio, but also supposedly stalwart blue states like Pennsylvania and Wisconsin. Looking back at the widely used RealClearPolitics polling averages shows there was actually a lot of variation in the errors across states. As others have pointed out, one key factor affecting the size of errors was the share of voters in a given state who are white without a college degree. Much of what pundits are describing as error, however, might better be described as the “Comey effect.” States that showed some of the biggest surprises — where Trump outperformed polls — also tended to be states where there were fewer polls toward the end of the race. In other words, pollsters didn’t get things wrong so much as fail, in some states, to speak to voters after a decisive event had taken place. RCP underestimated Trump’s margin over Clinton by less than a point (0.8), on average, in the seven battleground states where five or more polls were conducted between October 28 and Election Day. But in the other seven states, where fewer than five polls were conducted, the polling averages undershot Trump by 2.7 points. Take Wisconsin, where Trump beat his polling average by more than 7 points: only two of the polls included in the final RCP average were conducted entirely after Comey’s letter was published. To be sure, the gap with Clinton was narrowing before Comey dropped his bombshell, but the pace also picked up significantly after that. For example, averaging across 14 battleground states, the race moved 1.1 points in Trump’s direction in the week following the third and final debate — but Trump gained an additional 2.4 points after October 28. The effect of Comey’s late intervention into the election is also clear in the national polls. As neuroscientist Sam Wang showed, Clinton’s margin over Trump falls dramatically in national polls directly after the Comey letter and never recovers. At the time, statistician Nate Silver noted that the Comey letter coincided with “a swing of about 3 points against her” — a massive swing in a tight election. These public polls are supported by internal polling from both campaigns suggesting that Comey was a massive blow to Clinton at a pivotal moment in the election. It’s worth noting that Comey also made headlines in July, when he testified in Congress about Clinton’s email server and then announced he would not charge her, while at the same time declaring her behavior “extremely careless.” In the words of Nate Silver, “That period produced about a 2-point swing against Clinton.” In other words, every time Comey and emails were driving the news cycle, Clinton’s national polling numbers took a significant hit. Early voting numbers are also suggestive of Comey’s impact on the race. Take for example a noncompetitive blue state like Rhode Island, where there was no contest but the presidential race. In 2012, Obama’s margin between absentee and Election Day ballots was similar, and Obama actually performed about 5 points better on Election Day. In 2016, Clinton pulled in the same margin with absentee voters: 60 percent compared to Obama’s 61 percent. But something rather remarkable happened on Election Day — her support collapsed, dropping by a net 13 points. In Florida, Clinton won the early vote 52 to 48, but Trump won the Election Day two-party vote 56 to 44 percent. Steve Schale, a Florida political consultant who managed Barack Obama’s 2008 campaign in Florida, found this difference between early vote figures and Election Day ballots even more stark in the swing I-4 Corridor that stretches across central Florida, from Tampa to Daytona Beach. Here, Schale found that Clinton won the early vote with 56.3 percent of the two-party vote, but only won 47.3 percent of the Election Day vote — a highly unusual gap suggesting a pretty significant late surge. These early voting numbers are supported by data on “late deciders”: voters who chose their candidate in the last week tilted strongly towards Trump. And no media event was more important in the late stages of the campaign than Comey’s letter, which suggests that the most plausible explanation for the strong break in late-deciding voters was that letter. The Comey effect dominated media coverage in a way few events did during the campaign, other than Trump’s famous “grab ’em by the pussy” Access Hollywood video. During the final days of the election major newspapers “published 100 stories, 46 of which were on the front page, about or mentioning the emails.” The tone and tenor of coverage shifted markedly against Clinton in the closing week of the campaign. Coverage of Clinton’s emails eclipsed her policy proposals and ended up being the only story about Clinton that stuck with voters. While 79 percent of registered voters had heard “a lot” about Clinton’s emails, only 23 percent heard “a lot” about Trump’s housing discrimination, 27 percent heard “a lot” about the Donald J. Trump Foundation’s illegal political contribution to the Florida attorney general, and, surprisingly, only 59 percent had heard a “a lot” about the Hollywood Access tape. The word clouds below show, in graphical form, that emails were the central way that most voters understood Clinton: During the entirety of the general election campaign, June 7 to November 8, Gallup found that Clinton only sustained a “lead” in media coverage, meaning more Americans were hearing about Clinton than Trump, four times. Two were email related: FBI Director Comey’s press conference in late July, in which he called Clinton “extremely careless,” and Comey’s server-related announcements in late October and early November. (The others occurred during Clinton’s bout with pneumonia and during the party’s convention.) The Shorenstein Center found that negative coverage of Clinton’s campaign was fueled by allegations of “scandal.” As the chart below shows, “scandal” coverage toward Clinton peaked in the final week of the campaign, consuming more than a third of her coverage. The timing was perilous. It’s true that there are other possible explanations for a late shift in vote intentions, but thus far there is no alternative explanation of merit. (The cyberhacks were surely important, but their effects would have been felt more steadily throughout the campaign.) Instead, the evidence is clear, and consistent, regarding the Comey effect. The timing of the shift both at the state and national levels lines up very neatly with the publication of the letter, as does the predominance of the story in the media coverage from the final week of the campaign. With an unusually large number of undecided voters late in the campaign, the letter hugely increased the salience of what was the defining critique of Clinton during the campaign at its most critical moment. The appeal of big-picture narratives about demographics, along with anecdotal evidence of big mistakes by the Clinton campaign in certain key states, makes it easy to point fingers. But looking specifically at the three “Rustbelt” blue states mentioned at the beginning of the article, no unifying picture emerges. Most stories mention Michigan, where Clinton didn’t campaign, rather than Pennsylvania, where she campaigned intensely. Indeed, these three Midwestern states (Wisconsin being the third) provide essentially an A/B/C test of different campaign strategies — and in each state she came up just short. We do not intend to exculpate the Clinton campaign — in hindsight many decisions were flawed — but rather to note that the decisions were not abnormally bad (all campaigns make errors, and Trump’s made far more than others). However, the historic intervention into the election by James Comey means three major things: Academic research will eventually yield important findings, but there is the potential for Democrats to overcorrect following this historic presidential loss. Introspection is important — and while still early, it’s already underway — but understanding exactly what led to the loss is foundational to understanding how to move forward. Lessons should draw from a broader pool of data than the results of the extraordinary 2016 election. Democrats must focus down-ballot where the problems are more acute (for instance, failing to run candidates in winnable elections). Because presidential elections are so variable and are so strongly dependent on outside forces, the low-hanging fruit for the Democrats is focusing on organization and mobilization down-ballot. Along with the Russian-linked theft and publication of emails from the Clinton campaign and the DNC, the Comey effect is of a different category than the usual investigative reporting or opposition research that campaigns have to contend with. Comey broke a decades-long norm of not intervening in presidential elections. The fact that his interference alone almost certainly swayed an election is indicative of a broader and disturbing breakdown of political norms. Sean McElwee is a policy analyst at Demos. Following him on Twitter: @SeanMcElwee. Matt McDermott is a senior analyst for Whitman Insight Strategies (@mattmfm). Will Jordan, a former elections analyst at YouGov, is currently studying public policy at Columbia University (@williamjordann). The Big Idea is Vox’s home for smart, often scholarly excursions into the most important issues and ideas in politics, science, and culture — typically written by outside contributors. If you have an idea for a piece, pitch us at thebigidea@vox.com. | NEWS-MULTISOURCE |
The life of Irish immigrants in Boston was one of poverty and discrimination. The religiously centered culture of the Irish has along with their importance on family has allowed the Irish to prosper and persevere through times of injustice. Boston’s Irish immigrant population amounted to a tenth of its population. Many after arriving could not find suitable jobs and ended up living where earlier generations had resided. This attributed to the “invisibility” of the Irish. Much of the very early migration had been heavily male, but during the famine years, migration was largely a family affair.
Families were arriving serially in “chain” migration while others suffered high mortality rates in these years. The Irish were the first to practice “chain or serial migration” on a large scale. During the famine years males still outnumbered women in migration numbers but not by a large margin. However in the post famine years and especially after 1880 more women came from Ireland than males. The reason for this was that women were always more deprived of work than men in Ireland, and in the post-famine years the position of women got exponentially worse.
In Ireland, contrary to what was happening in the United States, women did not live longer than men. The lives of immigrant Irish women were not easy, but much better than a life back in Ireland. In the 1850’s through the 1870’s 45% of all Irish immigrants were persons in the 15-24 age group with gender evenly balanced. But in the 1880’s to 1920 that same age group made up about 60% of all Irish immigrants. This social class was young and could adapt to working in the harsh conditions. Immigrants who arrived alone often eventually married either someone from the immigrant community in the area.
With each passing year women began taking up a higher and higher percentage of Irish immigrants. By 1921 women outnumbered men 2:1. These women were overwhelmingly concentrated in domestic service. At the turn of the century more than half of all Irish immigrant women were servants. These Irish women learned American housekeeping through first-hand experience, living in the home of the family they served. The Irish usually tended to support the Democratic Party rather than support the Republican Party.
Most Irish had little sympathy for slaves because they feared that if they were given their freedom they would move north and threaten taking the jobs being done by Irish immigrants. One leading Irish-American politician, John Mitchel, wrote in his newspaper, The Citizen in 1856: He would be a bad Irishman who voted for principles which jeopardized the present freedom of a nation of white men, for the vague forlorn hope of elevating blacks to a level for which it is at least problematical whether God and nature ever intended them.
So the Irish tended to be in favor of slavery and against abolition. This was just another reason why many of the people around them did not get along with them, this in turn probably making their lives harder and less enjoyable. However, at the outbreak of the Civil War an estimated 170,000 men born in Ireland joined the Union Army, but only about 40,000 were in the Confederate Army. This occurred because the issue for the Irish was not so much slavery as it was preserving the Union. The church in Boston agreed with Archbishop Hughes that “It is one country and shall be one”.
After the Civil War, attitudes toward the Irish shifted slightly, and the “Irish Need Not Apply” signs on businesses, that had been so common decades before, began to disappear. The Irish had heavily participated in the war: thirty nine Union regiments contained a majority of Irishmen, and the 69th regiment was comprised almost totally of Irishmen. The Irish Americans gained some respect for their involvement in the Civil War and were now more accepted by American society. The Irish Americans in the post-Civil War time period were more economically successful.
Several of the Irishmen that had been manual laborers now held managerial positions in the railroad, iron, and construction industries. Several Irish Americans also became educated and trained professionals. Irish women, although held back by the restrictions placed on all American women around the turn of the century, achieved higher positions in society as teachers, nurses and secretaries. After the Civil War Boston’s population was now made up of more than a quarter Irish born citizens. Because of this it was now possible for Irish voters to get their candidates elected into office.
Hugh O’Brien became the first Irish American mayor of Boston in 1884. Irish immigration escalated after the Civil War was over. The absolute majority of Irish Immigrants came after 1860. The drain from Ireland was fairly constant. In 1850 Irish immigrants made up about 14% of the immigrants coming to America, in 1880 they made up about 13% of the total. But their impact in the United States changed greatly. The Irish immigrants of 1850 were more than a third of all new arrivals, but by 1880 the Irish arrivals had been reduced to less than an eighth.
In the census of 1850 the nearly one million Irish born were almost 43% of all foreign born, while in 1890 almost twice that number made up only 20% of the foreign born. This is important because the arrival of even larger numbers of immigrants from elsewhere helped to mask the coming of the large numbers of Irish immigrants. There were just enough Irish to take the places of the immigrants of an earlier generation that had died. Even though the Irish faced discrimination, they had many advantages over other immigrants.
The biggest advantage was that the Irish were able to speak English, this was a luxury not enjoyed by almost every other immigrant group. Also, the Irish did not suffer any form of culture shock, because the American and Western European cultures were very similar. But the similarities between Americans and incoming Irish men and women did not help stop the strong anti-Irish sentiments. Boston itself was not really a magnet for immigrants. The Irish were, in a way trapped there in large numbers.
The Irish outnumbered the Massachusetts natives 14,595 to 13,533. Most of the Irish stayed in the eastern cities where they landed because many of them were too poor to afford moving anywhere else. And if they did acquire enough money to move west, by that time they were already accustomed to their surrounding and did not want to move again. This is why Boston and New York were such hot spots for Irish communities. This is so because the Irish arrived as peasants and did not have any money to go anywhere else.
Often the Irish immigrants in Boston were forced to consider any work available, and even then they were often barred by prejudice. The slogan “None need apply but Americans” was already very popular by this time period making it very difficult for the Irish, or any immigrant group to find good work. One of the reasons why the Irish were regarded as inferior was because of their lack of skilled laborers. The men went into “construction gangs” that were poorly paid for very rough manual labor.
These Irish construction gangs performed work on turnpikes, canals, and railroads. The women began to predominate in the textile mills, which were large, noisy, unsanitary and often very dangerous places to work. In this type of labor, Irish immigrants found opportunities to make money, often more than they could at home, and to buy material goods. But the work was long and hard, and the Irish’s standard of living was among the lowest in the country. And so, Irish immigrants tried to save money to protect themselves against unpredictable unemployment.
They also saved money to send or eventually bring home, as many Eastern Europeans originally intended to make enough money in the U. S. to return to their native land and live well. Most of the Irish lived in “flimsy shanties” in very grim conditions that endangered the health and well being of heir families. Because of the conditions they lived in the prejudices toward the “shanty Irish” was reinforced. Inadequate housing, lack of exposure to the healing sun, and “inescapable” filth took their toll on the Irish by causing sickness and death.
The impoverished and in despaired Irish immigrants that arrived in Boston initially tended to settle along the waterfront. Disease became so endemic to the overcrowded neighborhood that by 1845 the neighborhood suffered a communicable disease rate twice that of the rest of Boston. “Children in the Irish district [North End],” wrote Bostonian Lemuel Shattuck, “seemed literally born to die. ” Diseases thrived in places that had poor drainage, ventilation and were crowded, perfectly describing the Irish districts.
During the cholera epidemic of Boston in 1849-50 a health committee was sent in to investigate. The committee reported that the disease had badly affected the majority of the Irish community of Boston: The average age of Irish life in Boston does not exceed fourteen years. In Broad Street and all the surrounding neighborhoods, including Fort Hill and the adjacent streets, the situation of the Irish is particularly wretched. During their visits last summer, your committee were witnesses of scenes too painful to be forgotten, and yet too disgusting to be related here.
It is sufficient to say, that the whole district is a perfect hive of human beings, without comforts and mostly without common necessaries; in many cases, huddled together like brutes, without regard to sex, or age, or sense of decency: grown men and women sleeping together in the same apartment, and sometimes wife and husband, brothers and sisters all in the same bed. During this epidemic more than 500 out of the 700 fatalities were Irish. Many times the supply for work exceeded the demand and because of this, some immigrants worked for as little as 50 cents a day.
The lives of many Irish families were very poor and in some occasions some families sold gin without license illegally out of the house. Much of the anti-Irish hatred in America came from fears and allegations that an Irish Catholic conspiracy would eventually take over the country. Because of this, protestant mobs in Boston rampaged through poor Irish neighborhoods, while native groups condemned the Irish for stealing away jobs because of their desperate willingness to work in terrible conditions for low wages.
Across the country, “nativism” took varied forms, from acts of violence and terror to refusal to hire or work with immigrants. Frequent intoxication led to the Irish reputation for crime. Nothing the Irish found in Boston altered their tradition of alcoholic indulgence. Crowded conditions in the home drove men out to the bars where they could meet friends, relax, and forget their anguish in the so called “promised land”. Many Irishmen were frequently drunk and many times arrested for inebriety. The Irish “arrested and turned back” the short lived temperance movement which was making promising progress up to their arrival.
Influenced not only by their Catholicism but by the economic value of many children, large families were normal among Irish families. The perceived economic mobility of America encouraged the large families. While the family was central to the social and economic organization of the Irish, another institution often formed the center of immigrant communities: their church. Most Irish American families, settling in Boston, were Catholic and practiced the Church’s preaching’s against contraception. Because of this many Irish Catholics had very large families.
And to help even more, the economic rise of the Irish immigrants provided families with the money to feed and clothe their large families. In addition, many Irish Americans could now afford to send their children to parish schools to keep their Irish heritage and Catholic background. The life of the entire family often revolved around their parish. The children attended these parochial schools, and the clergy organized activities such as sports and dances to tie the Irish American children to their Catholic community. The Irish were very religious and made a tremendous sacrifice for their Church.
The most important thing that the Irish have done in America is to build up their Church. The Irish Catholic Church had just fewer than 44 million members in 1903. The enormous Irish immigration completely transformed the Roman Catholic Church in America. While suffering from poverty and overpopulation, The Irish also experienced religious and cultural oppression, sometimes through legal measures and sometimes through violence. The anti-Irish sentiment was not restricted to natives and Protestants. James Whitfield, the fourth arch bishop of Baltimore, wrote to a fellow cleric about his thoughts about Irish Bishops:
If possible[e]let an American born be recommended and (between us in strict confidence) I do really think we should guard against having more Irish BishopsThis you know is a dangerous secret, but I trust it to one in whom I have full confidence The church was often the center of social functions and served informal measures like meals and holiday traditions. This was done to preserve and transmit the Irish culture. The church was one of the few familiar institutions that followed the Irish across the Atlantic. If an Irish man married outside of his church the woman followed her husband to his church after marriage.
By 1860, there were three and a half million Catholics in the U. S, making it the largest single denomination in the United States. The Irish dominated the American Catholic church. Irish priests and theologians rose from the ranks of the people, surrounded by popular influences that inevitably affected their later work. The Irish in America were so devout because of the ability of the clerics to adjust to the ideas of those they served. The conclusions that the catholic religion derived from its theology were the same ideas that were happening in the lives of the common peasant worker.
This was also another reason why the church was so appealing to many Irish families. There was plenty of resentment towards the Catholic Church especially the Protestants. The Protestant denominations urged their ministers to resist the spread of “Popery. ” But this expression of religious differences did not suggest that the Protestants were intolerant. The congregation pushed their ministers to labor “in the spirit of prayer and Christian love” The Christian Alliance and Family Visitor was founded to “promote the union of Christians against Popery. ” But they were not attacking the Catholics (and the Irish) directly just the religion.
After a small riot ensued between an Irish funeral procession and a volunteer fire company and many of the firemen were disbanded, the first anti-catholic newspaper in Boston was founded. The American was founded by the firemen that were disbanded and the newspaper was published for about a year. During this year the newspaper constantly attacked the Irish and the firemen who had replaced them. Most of the Irish population was Catholic simply because Catholicism was the religion of their homeland. Many Irish were ignorant of the “basic tenets” of their religion. But this ignorance did not mean that the Irish were indifferent to their Church.
This ignorance almost always went hand in hand with a very strong loyalty. The Irish viewed and attack on their church as an attack on them, and an attack on them was an attack on the church. Loyalty to the church was placed very highly among the virtues of the Irish. Through all their hardships the Irish persevered because they viewed the church so highly. This along with strong family ties kept them together. Without both of these things blending together the Irish would not have had motives to stay in Boston. And so because of this the Bostonian culture was shaped greatly because of the Irish church and family. | FINEWEB-EDU |
Paid Notice: Deaths SMILOWITZ, BERNARD
SMILOWITZ-Bernard. The Yeshiva University family is deeply saddened by the untimely demise of a widely respected member of the Springfield, New Jersey Jewish Community. Condolences are extended to his beloved brother, Herbert (& Marilyn) Smilowitz vice chair and major supporter of the affiliated Rabbi Isaac Elchanan Theological Seminary and Yeshiva University; his cherished wife, Bernice, beloved son Norman (& Cory) Smilowitz & beloved sister Rita Newman. May the entire family be comforted among the mourners of Zion and Jerusalem. Dr. Norman Lamm, President Yeshiva University Ronald P. Stanton, Chairman YU Board of Trustees Julius Berman, Chairman RIETS Board of Trustees | NEWS-MULTISOURCE |
The spray drying process is older than might commonly be imagined. Earliest descriptions date from 1860 with the first patented design recorded in 1872. The basic idea of spray drying is the production of highly dispersed powders from a fluid feed by evaporating the solvent. This is achieved by mixing a heated gas with an atomized (sprayed) fluid of high surface-to-mass ratio droplets, ideally of equal size, within a vessel (drying chamber), causing the solvent to evaporate uniformly and quickly through direct contact.
Spray drying can be used in a wide range of applications where the production of a free-flowing powder is required. This method of dehydration has become the most successful one in the following areas:
• Pharmaceuticals
• Bone and tooth amalgams
• Beverages
• Flavours, colourings and plant extracts
• Milk and egg products
• Plastics, polymers and resins
• Soaps and detergents
• Textiles and many more
Almost all other methods of drying, including use of ovens, freeze dryers or rotary evaporators, produce a mass of material requiring further processing (e.g. grinding and filtering) therefore, producing particles of irregular size and shape. Spray drying on the other hand, offers a very flexible control over powder particle properties such as density, size, flow characteristics and moisture content.
Design and Control
The challenges facing both designers and users are to increase production, improve powder quality and reduce costs. This requires an understanding of the process and a robust control implementation.
Spray drying consists of the following phases:
• Feed preparation: This can be a homogenous, pumpable and free from impurities solution, suspension or paste.
• Atomization (transforming the feed into droplets): Most critical step in the process. The degree of atomization controls the drying rate and therefore the dryer size. The most commonly used atomization techniques are:
1. Pressure nozzle atomization: Spray created by forcing the fluid through an orifice. This is an energy efficient method which also offers the narrowest particle size distribution.
2. Two-fluid nozzle atomization: Spray created by mixing the feed with a compressed gas. Least energy efficient method. Useful for making extremely fine particles.
3. Centrifugal atomization: Spray created by passing the feed through or across a rotating disk. Most resistant to wear and can generally be run for longer periods of time.
• Drying: A constant rate phase ensures moisture evaporates rapidly from the surface of the particle. This is followed by a falling rate period where the drying is controlled by diffusion of water to the surface of the particle.
• Separation of powder from moist gas: To be carried out in an economical (e.g. recycling the drying medium) and pollutant-free manner. Fine particles are generally removed with cyclones, bag filters, precipitators or scrubbers.
• Cooling and packaging.
A control system must therefore provide flexibility in the way in which accurate and repeatable control of the spray drying is achieved and will include the following features:
• Precise loop control with setpoint profile programming
• Recipe Management System for easy parameterisation
• Sequential control for complex control strategies
• Secure collection of on-line data from the system for analysis and evidence
• Local operator display with clear graphics and controlled access to parameters
Find out about our solutions for:
Visit the Eurotherm Glass Manufacturing microsite
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