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The Mahabharata is one of the most recognised texts in Indian culture. Karna, in particular, is a fascinating character. He is known for his generosity and commitment to duty or “dharma”. In this story, we shall learn about Karna’s backstory, and the influences that made him an essential character in the epic.
A monarch named Shurasena was said to have had a lovely little daughter named Kunti. Durvasa, a rishi (sage), spent considerable time at the king's court as a guest. Kunti was responsible for making sure Durvasa was comfortable throughout his stay. Durvasa thanked her and blessed her as he was departing, having been pleased with his stay and her attentive assistance, and he told her that if she ever desired it, she might summon any deity to give her a child.
Teenage Kunti was inquisitive and questioned whether the blessing would work. One morning, she prayed to Surya, the sun god. The blessing worked, and she gave birth to her first son, who arrived with a golden radiance and was decked out in jewellery and a breastplate. Kunti was perplexed and humiliated, worrying about social justice as an unmarried mother. In that time period, unmarried mothers were seen as unchaste and outcasts. Fearful of the humiliation, she placed the newborn infant in a cushioned basket and let it float free in the nearby Ashvanadi River.
The basket floated into Bengal. Radha, the wife of a charioteer, discovers it there and brings the infant Karna to her husband, Adhiratha. They immediately adopt him and give him the name Vasusena. They love him, and they treat him like their own son. Karna’s step-father, Adhiratha, was the charioteer of King Dridirashtra, the father of the Kauravas and the husband of Gandhari, in Suryaputra Karna’s story. He was also known as sutaputra - the son of a charioteer.
Karna and Arjuna had a long and bitter rivalry as he grew older. They each vowed to kill the other. Before the war broke out in Kurukshetra, Kunti visited Karna to beseech him to take mercy on the Pandavas.
By this point, Karna was aware of the reality of his birth. He also predicted that Kunti would want to have a conversation with him. As a result, when Kunti approached Karna, Karna's greeting to her was both sincere and direct. He introduced himself as the son of Radha and Adhiratha and asked Kunti how he could be of service.
Kunti, who was moved to tears, informed Karna that he was her son of Kunti, not of Radha. He was subsequently invited to depart from Duryodhana and join the Pandavas. Karna, due to his loyalty, refused. Kunti then requested Karna not to defeat any Pandavas in the Kurukshetra battle. Karna said it was his dharmic duty to fight to the his best ability for the Kauravas.
Picture of Krishna Meeting Kunti
Loyalty is an important virtue which Karna displays. He is loyal to his foster parents and keeps his promise to his biological mother. Loyalty is important because individuals are more open and transparent when they know the other person is loyal. Loyalty builds relationships.
Children may need to comprehend this story on the first reading fully. As a result, parents must be careful to fully explain each part of the story to their children. Children typically prefer stories that have a distinct hero and villain. Parents should attempt to connect the character’s history to their behaviour in the other chapters. They should stress the significance of positive traits in a person, such as loyalty and kindness.
After his conversation with Kunti, Karna could not say no to his mother. Karna assured Kunti that her plea would not be in vain. Even though he could defeat and kill them, Karna stated he wouldn't use force to kill all the Pandavas. He promised her that she would have at least five sons. Kunti would be with Karna, without Arjuna, or with Arjuna if Karna were killed.
1. What is an instance of Karna’s generosity?
Lord Surya had decided to bestow his son with invincible Kavach and Kundal (armour and earrings, respectively). Before the war, Lord Indra disguised himself as a poor Brahmin and asked Karna for his invincible kavach and kundals. Given Karna’s generous nature, he gave the Brahmin his invincible armour and earrings without a second thought.
2. What was Krishna’s opinion about Karna? (Krishna about Karna)
Krishna, surprisingly, was rather fond of Karna. Lord Krishna wept at Karna’s death because Karna was kind, loyal and understood his dharma but was just unlucky. Krishna used to refer to Karna as the unblemished one because Karna didn’t commit any sins.
3. Did the Pandavas ever find out that Karna was their half-brother?
Yes. During the Kurukshetra war, Karna and Arjuna had an intense duel. Ultimately, Karna was killed by Arjuna. Afterwards, Kunti told the Pandavas that Karna was their half-brother, and all the Pandavas mourned his death. | FINEWEB-EDU |
chííh díkʼǫ́ǫ́zhí
Etymology
+ +
Noun
* 1) sour red ochre
Usage notes
Red ochre mixed with salt, or sometime with chiiłchin (ground sumac berry). A medicine to cure or provide protection from the effects of contact with menstrual blood. The medicine also has other uses, such as to restore a singer’s failing voice. | WIKI |
Moe Franklin
Murray Asher Franklin (April 1, 1914 – March 16, 1978) was an American Major League Baseball shortstop who played for the Detroit Tigers in and. He was one of the "jumpers" who signed with the Mexican League in 1946, earning him a temporary suspension from organized baseball.
Biography
He was born in Chicago, Illinois, and was Jewish. He attended Schurz High School in Chicago, and the University of Illinois at Urbana-Champaign in Champaign, Illinois.
In the minor leagues, in 1938 he led the Mountain State League in batting (.439), triples (13; tied), home runs (26), and slugging percentage (.790). Franklin made his Major League debut on August 12, 1941 and played briefly for the rest of the season, before playing 48 games in 1942. He did not play after that, and finished his short career with 43 hits, 2 home runs, 16 RBIs and a .262 batting average.
During World War II, he served in the United States Navy, returning to civilian life in 1945.
After not being called up by the Tigers, Franklin became one of the so-called "jumpers" who signed with the Alijadores de Tampico in the Mexican League in 1946. He played two seasons with Tampico. In 1946, he batted .300 in 85 games; in 1947, he batted .213 in 46 games.
After Commissioner of Baseball Happy Chandler revoked the suspension for the jumpers in 1949, Franklin played several seasons in the Pacific Coast League, under the Brooklyn Dodgers and Chicago Cubs organizations. | WIKI |
Page:Popular Science Monthly Volume 47.djvu/401
Rh same probabilities of degeneration as morbid consanguinity. It appears with nervous, hysterical, and veneric persons, and with criminals, among whom vice becomes the basis of unions leading to progressive degeneracy.
Some infectious diseases, usually propagated by contagion, may be transmitted to the child by the mother, or even by the father, while the mother remains free from them. The disease being due to a special agent of infection, that is, to a being with an existence of its own, such transmission can not, properly speaking, be regarded as a fact of heredity. The generative agents have served only as vehicles for the morbid agent or its products. What has been transmitted is not a natural characteristic, or even a definitely acquired characteristic, but a strange and accidentally imposed property, susceptible of disappearing or of being destroyed. Transmission of this kind does not correspond with the definition of biological heredity. Direct heredity of certain diseases has attracted the attention of observers of all times, and has been most regularly noticed in mental diseases.
The family defect is very often exhibited gradually. One or more generations manifest slight troubles, which we might call preparatory. Heredity has to be accumulated, capitalized, as it were, before displaying itself as a morbid entity to which we can give a name. We often find individuals among the ancestors of insane persons, individuals subject to overexcitement, enthusiasts, originals, unfortunate inventors, dissipated persons, or men of irregular life or afflicted with mental or moral eccentricities.
Heredity is not manifested in the same degree in all the forms of madness, and is less evident in the acute than in the chronic forms. Mental troubles generally are most likely to transmit themselves by heredity when they are active at the moment of conception. They are less surely transmissible if their activity in the progenitors is suspended at the time, and especially if the first attack does not come on till after the birth of the child. The fact that we occasionally see a person who has not yet been insane transmit the predisposition to become so to his descendants demonstrates that it is not the disease itself, but the aptitude to acquire it that is transmitted. Accumulated heredity often results in the production of individuals distinguished by physical malformations or by abnormal emotionalisms, constituting what are called the physical and the psychical stigmata of degeneracy. Yet we can not say that heredity impresses special characteristics on madness. But persons inheriting morbid tendencies are more sensitive to excitement of every kind, and more frequently suffer acute irritations under the influence of insignificant causes, while most usually these irritations disappear as easily and as abruptly as they came on. | WIKI |
Page:United States Statutes at Large Volume 101 Part 1.djvu/292
101 STAT. 262
PUBLIC LAW 100-18—APR. 3, 1987
Public Law 100-18 100th Congress
, An Act
Apr 3 1987 [S. 632]
'^° amend the Legislative Branch Appropriations Act, 1979, as reenacted, to extend the duration of the Office of Classified National Security Information within the Office of the Secretary of the Senate, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Section 105(a) of the Legislative Branch Appropriations Act, 1979 (2 U.S.C. 72a note), as reenacted by section 115 of the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1982, and for other purposes", approved 100 Stat. 1240. October 1, 1981 (95 Stat. 963), is amended by striking out "February 28, 1987," and inserting in lieu thereof "June 5, 1987,". Effective date. (b) The amendment made by subsection (a) shall take effect on 2 USC 72a note. March 1, 1987. Approved April 3, 1987.
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LEGISLATIVE HISTORY—S. 632: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 3, considered and passed Senate. Mar. 25, considered and passed House. •t-:iS i
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chemical properties – Hydrogen symbol, electronic configuration, density
Hydrogen
Description:
Hydrogen is the lightest and most abundant chemical element.The most common isotope of hydrogen is protium with a single proton and no neutrons. In 1671, Robert Boyle discovered and described the reaction between iron filings and dilute acids, which results in the production of hydrogen gas. In 1766, Henry Cavendish was the first to recognize hydrogen gas as a discrete substance, by identifying the gas from a metal-acid reaction as “phlogiston”, meaning “flammable air” and further finding in 1781 that the gas produces water when burned. He is usually given credit for its discovery as an element. In 1783, Antoine Lavoisier gave the element the name hydrogen when he and Laplace reproduced Cavendish’s finding that water is produced when hydrogen is burned. Large quantities of hydrogen are needed in the petroleum and chemical industries. The largest application of hydrogen is for the processing of fossil fuels, and in the production of ammonia. It is used as a hydrogenating agent, particularly in increasing the level of saturation of unsaturated fats and oils, and in the production of methanol. It is similarly the source of hydrogen in the manufacture of hydrochloric acid. It is also used as a reducing agent of metallic ores. It is commonly used in power stations, as a coolant in generators, due to its specific heat capacity being considerably higher than any other gas.
Chemical Properties.
Appearance Colorless Gas
Atomic Number 1
Atomic Weight 1.00794 g/mol
Block S
Boiling Point −252.87 °C
CAS Number 1333-74-0
Class 2.1
Crystal Structure Hexagonal
Density 0.899 g/cm3
EINECS Number 215-605-7
Electron Configuration 1s1
Group 1
Ionization Energy 1312 kJ/mol
Melting Point −259.14 °C
NFPA 704 H-0,F-4,R-0,C-NA
Oxidation State 1,-1
PG NA
Period 1
RTECS Number MW8900000
Solubility 0.00017 g/100 ml
Symbol H
For hydrogen manufacturers/suppliers – http://www.worldofchemicals.com/chemicals/manufacturers/fl/hydrogen.html | ESSENTIALAI-STEM |
Panda Restaurant Group
Panda Restaurant Group, Inc. is the parent company of Panda Inn, Panda Express and Hibachi-San. It was founded by Andrew and Peggy Tsiang Cherng and Andrew's father, Master Chef Ming-Tsai Cherng; the family originated from the Yangzhou region of China's Jiangsu province. They started their first Panda Inn restaurant in 1973 in Pasadena, California. Ten years later a developer of the new Glendale Galleria mall, a frequent patron of Panda Inn, asked Andrew to start a fast-service version of his restaurant in the new mall. In 1985 the store went from five locations to nine in just one year.
The group's headquarters is located in Rosemead, California. Panda Express is the largest Asian-American restaurant chain in the United States, with 2,200 branches. In 2019 Panda Express opened its first branch in Manila, Philippines, as a joint venture between the Panda Restaurant Group and Jollibee Foods Corp., JBPX Foods.
Andrew Cherng and his wife Peggy Tsiang Cherng met at Baker University in Baldwin City, Kansas. Peggy Cherng went on to receive her B.S. degree in Mathematics from Oregon State University in 1971 and a Ph.D. in Electrical Engineering from the University of Missouri. The company debuted on Forbes' 2016 edition of America's Largest Private Companies
The Cherngs invest their personal wealth out of their family office, the Cherng Family Trust.
Companies
The Panda Restaurant Group includes Panda Express, Panda Inn, Raising Cane's Chicken Fingers (AK/HI only) and Hibachi-San.
Panda Express, the most popular, has over 2,000 locations as of 2018, making it the largest Chinese fast food chain in the United States.
Panda Inn, a sit-down restaurant chain, has 6 locations, all of which are in California, plus Wasabi, a Japanese concept.
Panda Group has been aggressively supporting popular Asian chains by introducing them in the American market. Uncle Tetsu, Yakiya, Pieology and Ippudo are all concepts supported by Panda Group.
In 2018 it was ranked 143 on the Forbes list of America's Largest Private Companies.
Philanthropy
The majority of the Cherngs donations are done through Panda Cares, the giving arm of the Panda Group, and the Panda Charitable Foundation, to education, youth leadership development and health. Since 1999 Panda Cares has raised over $107 million.
In July 2017, the company pledged $10 million to the Children's Hospital Los Angeles, where the sixth floor will be renamed the Panda Express Floor.
In May 2022, The Huntington Hospital in Pasadena, California announced a $25 million gift from the Panda Charitable Family Foundation in support of enhancements to the hospital’s surgical care program. The Huntington Hospital announced they will be displaying the family's name on campus as a thank you to their commitment and continuous support of the hospital. | WIKI |
= Smoothing of a 1D signal = This method is based on the convolution of a scaled window with the signal. The signal is prepared by introducing reflected window-length copies of the signal at both ends so that boundary effect are minimized in the beginning and end part of the output signal. == Code == {{{#!python import numpy def smooth(x,window_len=11,window='hanning'): """smooth the data using a window with requested size. This method is based on the convolution of a scaled window with the signal. The signal is prepared by introducing reflected copies of the signal (with the window size) in both ends so that transient parts are minimized in the begining and end part of the output signal. input: x: the input signal window_len: the dimension of the smoothing window; should be an odd integer window: the type of window from 'flat', 'hanning', 'hamming', 'bartlett', 'blackman' flat window will produce a moving average smoothing. output: the smoothed signal example: t=linspace(-2,2,0.1) x=sin(t)+randn(len(t))*0.1 y=smooth(x) see also: numpy.hanning, numpy.hamming, numpy.bartlett, numpy.blackman, numpy.convolve scipy.signal.lfilter TODO: the window parameter could be the window itself if an array instead of a string NOTE: length(output) != length(input), to correct this: return y[(window_len/2-1):-(window_len/2)] instead of just y. """ if x.ndim != 1: raise ValueError, "smooth only accepts 1 dimension arrays." if x.size < window_len: raise ValueError, "Input vector needs to be bigger than window size." if window_len<3: return x if not window in ['flat', 'hanning', 'hamming', 'bartlett', 'blackman']: raise ValueError, "Window is on of 'flat', 'hanning', 'hamming', 'bartlett', 'blackman'" s=numpy.r_[x[window_len-1:0:-1],x,x[-1:-window_len:-1]] #print(len(s)) if window == 'flat': #moving average w=numpy.ones(window_len,'d') else: w=eval('numpy.'+window+'(window_len)') y=numpy.convolve(w/w.sum(),s,mode='valid') return y from numpy import * from pylab import * def smooth_demo(): t=linspace(-4,4,100) x=sin(t) xn=x+randn(len(t))*0.1 y=smooth(x) ws=31 subplot(211) plot(ones(ws)) windows=['flat', 'hanning', 'hamming', 'bartlett', 'blackman'] hold(True) for w in windows[1:]: eval('plot('+w+'(ws) )') axis([0,30,0,1.1]) legend(windows) title("The smoothing windows") subplot(212) plot(x) plot(xn) for w in windows: plot(smooth(xn,10,w)) l=['original signal', 'signal with noise'] l.extend(windows) legend(l) title("Smoothing a noisy signal") show() if __name__=='__main__': smooth_demo() }}} == Figure == inline:smoothsignal.jpg = Smoothing of a 2D signal = Convolving a noisy image with a gaussian kernel (or any bell-shaped curve) blurs the noise out and leaves the low-frequency details of the image standing out. == Functions used == {{{#!python def gauss_kern(size, sizey=None): """ Returns a normalized 2D gauss kernel array for convolutions """ size = int(size) if not sizey: sizey = size else: sizey = int(sizey) x, y = mgrid[-size:size+1, -sizey:sizey+1] g = exp(-(x**2/float(size)+y**2/float(sizey))) return g / g.sum() def blur_image(im, n, ny=None) : """ blurs the image by convolving with a gaussian kernel of typical size n. The optional keyword argument ny allows for a different size in the y direction. """ g = gauss_kern(n, sizey=ny) improc = signal.convolve(im,g, mode='valid') return(improc) }}} == Example == {{{#!python numbers=disable from scipy import * X, Y = mgrid[-70:70, -70:70] Z = cos((X**2+Y**2)/200.)+ random.normal(size=X.shape) }}} inline:noisy.png {{{#!python numbers=disable blur_image(Z, 3) }}} inline:convolved.png The attachment attachment:cookb_signalsmooth.py contains a version of this script with some stylistic cleanup. = See Also = ["Cookbook/FiltFilt"] which can be used to smooth the data by low-pass filtering and does not delay the signal (as this smoother does). | ESSENTIALAI-STEM |
Calibrating your 2Touch Interactive Whiteboard
Calibrating your 2Touch IWB is sooooo easy – and you don’t need any special software! Just have your computer connected through to the USB and the projected image displayed on the IWB.
It’s easiest if you can find the calibration launch button. Depending on who supplied your 2Touch IWB, this might be included within the outside edge of the whiteboard frame, or it might be attached to the top of the whiteboard. Another place to check is on the cable connections panel, as many customers choose this as their preferred location for this switch.
Once you’ve found the calibration launch button, press it once. You’ll hear a high-pitched beep from the board, and the mouse cursor will move to the upper left quadrant of the projected image. (To cancel the calibration at any time, just press the button again: you’ll hear a lower tone from the IWB indicating that it is back to normal mode).
At the first calibration position, touch the tip of the cursor with your finger (or a pointer), making sure that the touch is at right angles to the surface. Please also make sure that no other object is on the surface and there is no other touch on the surface (eg sleeves, other fingers etc) other than the touch on the calibration point.
After holding the touch on the selected position for a moment, you’ll hear another high pitched beep. Continue holding the touch for another second, then lift your finger off. You’ll see the cursor move to the second calibration point, which is on the upper right quadrant of the projected image. Repeat the process here, and on the last two calibration positions (lower right and lower left quadrants of the projected image, respectively).
On finishing the fourth calibration point, check that the cursor tracks accurately right under your touch point. If it does not, repeat the calibration process. Sometimes an iwb gets out of calibration and then requires longer hold points on each calibration point, to progressively correct the calibration. | ESSENTIALAI-STEM |
5 Atoms Of Hydrogen
Hydrogen (1H) has three naturally occurring isotopes, sometimes denoted 1H, 2 H, and 3H. The first two of these are stable, while 3H has a half-life of 12.32 years. All heavier isotopes are synthetic and have a half-life less than one zeptosecond (10−21 second). Of these, 5H is the most stable, and 7H is the least. Isotope Beam Factory by bombarding hydrogen with helium-8 atoms.
Jul 18, 2017. You can calculate how many H2 atoms are in 5 moles of H2O by using Avogadro's number. Explanation: You'd go about calculating this by using Avogadro's.
5 – 5 Polyethylene is the simplest polymer. In addition to the carbon backbone, only hydrogen atoms are used to achieve four covalent bonds per carbon atom. C H H C H H C H H C
Sample Papers For Social Science Class 9 Download PDF of CBSE Sample Papers for class 9 Social Science 2019. LearnCBSE.in has given Social Science question paper for class 9 and marking. Social Science Notes and Question Answers according NCERT Book class 9 for CBSE Categories: History, Geography, Civics and Economics Features: Along with free PDF downloads of question papers, we at Vedantu
The thick transparent film was changed to silver metallic film after a process under hydrogen gas stream at 250 °C for 1.5 h. Hydrogenation of styrene was conducted in a test tube, which was joined to.
The structural formulas of three isomers, each with molecular formula C5H12, The simplest organic molecules, hydrocarbons, contain only hydrogen atoms.
NAAP Astronomy Labs – Hydrogen Energy Levels – Hydrogen Atom Simulator
Hydrogen is a chemical element with symbol H and atomic number 1. With a standard atomic weight of 1.008, hydrogen is the lightest element in the periodic table.Hydrogen is the most abundant chemical substance in the Universe, constituting roughly 75% of all baryonic mass. Non-remnant stars are mainly composed of hydrogen in the plasma state.The most common isotope of hydrogen, termed protium.
The experimental work explores the evolution of hydrogen from its ambient dielectric molecular state (transparent molecules) through to the onset of its proposed pressure-induced metallisation.
How did scientists figure out the structure of atoms without looking at them? Try out different models by shooting light at the atom. Check how the prediction of the model matches the experimental results.
An even smaller proportion of hydrogen atoms are the isotope tritium, x 1023 atoms H / 1.0079 = x atoms HMultiply and round the answer to 5 significant.
The neutron also is located in the atomic nucleus (except in Hydrogen). Phosphorous in column VA, row 3 has 5 electrons in its outer shell, and has three.
Hydrogen atoms are close together. The electron from each atom feels the attraction from the proton in the nucleus of the other atom. This attraction pulls the atoms together and the electrons are shared by both atoms.
According to DoE’s benchmark figures, a medium would need to store at least 5.5 percent of its weight in hydrogen to. In the un-doped pillared born nitride graphene, the hydrogen atoms bond to the.
A hydrogen atom is an atom of the chemical element hydrogen.The electrically neutral atom contains a single positively charged proton and a single negatively charged electron bound to the nucleus by the Coulomb force. Atomic hydrogen constitutes about 75% of the baryonic mass of the universe. In everyday life on Earth, isolated hydrogen atoms (called "atomic hydrogen") are extremely rare.
Since the first shell only holds two electrons, the hydrogen atoms are also stable. 5. Reset the animation and add several drops of either HCl or KOH to the.
Hydrogen is an essential component in many industrial. As a representative MOF, HKUST-1 has a richly porous structure consisting of copper atoms interlinked organic 1, 3, 5- benzenetricarboxylate.
The chemical shifts of different nuclei, whether hydrogen, fluorine. In contrast, because the 1-bromo-3,4,5-trifluorobenzene has two equivalent fluorine atoms (at positions 3 and 5), which will.
"I don’t think I’m being too optimistic to say that will happen in the next 5 years," she says. An MRI scanner uses magnetic fields and radio waves to tickle the nuclei of hydrogen atoms—protons—in.
Visualizing Atomic Orbitals. The atomic orbitals of the hydrogen atom can be visualized as a cloud around the nucleus. The orbital represents a probability of finding the electron at a particular location.
destruction of hydrogen bromide in the atomic hydrogen stream. The nitrogen atom con-. The failure of many investigators (4, 5) to find. NI-I radicals, by Inass.
2: Trappable and untrappable energy levels in hydrogen. expected distribution of trapped atoms thus comprises the low-temperature tail of a Maxwellian distribution, truncated at the maximum trap.
5 – 5 Polyethylene is the simplest polymer. In addition to the carbon backbone, only hydrogen atoms are used to achieve four covalent bonds per carbon atom. C H H C H H C H H C
The physical properties of molecular substances. Molecules are made of fixed numbers of atoms joined together by covalent bonds, and can range from the very small (even down to single atoms, as in the noble gases) to the very large (as in polymers, proteins or even DNA).
edHelper's suggested reading level: grades 5 to 7. challenging words: lightest, nucleus, compounds, atom, hydrogen, element, substance, molecule, plasma,
Explaining hydrogen’s emission spectrum. The Balmer and Rydberg Equations. By an amazing bit of mathematical insight, in 1885 Balmer came up with a simple formula for predicting the wavelength of any of the lines in what we now know as the Balmer series.
Atomic transitions would be slightly (or significantly) shifted, and what gets emitted or absorbed by our hydrogen atoms wouldn’t be absorbed or emitted by theirs, respectively. Simply observing.
Hydrogen is a chemical element with symbol H and atomic number 1. With a standard atomic weight of 1.008, hydrogen is the lightest element in the periodic table.Hydrogen is the most abundant chemical substance in the Universe, constituting roughly 75% of all baryonic mass. Non-remnant stars are mainly composed of hydrogen in the plasma state.The most common isotope of hydrogen, termed protium.
causing more large atoms to fission and thus releasing more energy — initially, perhaps a weapon of 50 kilotons or so. Because some fusion is involved in such a weapon, Kim may be claiming that he has.
"Without pillars, the sheets sit naturally one atop the other about 3 angstroms apart, and very few hydrogen atoms can penetrate that space," he said. "When the distance grew to 6 angstroms or more,
Mar 29, 2019. Hydrogen-bonding forms in liquid water as the hydrogen atoms of. by more than four hydrogen bonds (for example 5 or 6) these hydrogen.
5, revealed that an increase in the EtOH content from. The solvation of guaiacol in water or EtOH was assisted by the formation of hydrogen bonds to its two oxygen atoms. For EtOH, an additional.
How did scientists figure out the structure of atoms without looking at them? Try out different models by shooting light at the atom. Check how the prediction of the model matches the experimental results.
Hydrogen bombs differ from atomic bombs, which work by splitting atoms from heavier elements such as uranium. Using these instruments, the US Geological Survey detected a magnitude-5.1 seismic.
Antihydrogen atoms can be trapped in the multipolar, superconducting trap if they have a kinetic energy of less than about 0.5 K (in temperature units. is at the same frequency as that of hydrogen.
Explaining hydrogen’s emission spectrum. The Balmer and Rydberg Equations. By an amazing bit of mathematical insight, in 1885 Balmer came up with a simple formula for predicting the wavelength of any of the lines in what we now know as the Balmer series.
Nov 11, 2016 · (Phys.org)—A trio of researchers with Princeton University has found a way to weaken the strong bonds between the nitrogen and hydrogen atoms in.
5, Rb, Sr, Y, Zr, Nb, Mo, Tc, Ru, Rh, Pd, Ag, Cd, In, Sn, Sb, Te, I, Xe. Atomic Number, Symbol, Name, Atomic Weight (amu, g/mol). 1, H, Hydrogen, 1.00797.
Finally, after about 380,000 years, hydrogen – the first atoms – started to form. Our HERA team was recently awarded US$9.5 million from the National Science Foundation. We’ll use the funds to.
(atomic number), No. of electrons in atom, Electron arrangement. Carbon, C, 6, 6, 2,4. Hydrogen, H, 1, 1, 1. Oxygen, O, 8, 8, 2,6. Nitrogen, N, 7, 7, 2,5. Sulfur, S.
May 29, 2016. Explanation: In order to be able to determine how many atoms of hydrogen you get in 10 g of water, you must use the following conversions.
Social Science Gk In Hindi In Physics Power Is Defined As Power is the rate at which work is done (or energy is transferred). What is the unit of power? Watt is the unit of power!. units. From the basic definition… Explanation of trebuchet physics and how to achieve optimal design when building one. Kinetic energy can be defined as
The researchers, led by PhD student Roshan Achal and physics professor Robert Wolkow, built on a technique previously developed by Walkow that used the tip of a scanning tunneling microscope (STM) to.
5 Department of Internal Medicine. For example, the H-bonding capabilities of the oxygen and hydrogen atoms of the substituted phenol structure shown below are affected by the resonance and.
The atomic weight of hydrogen has been based on mass-spectrometric. fraction of x(²H) = 0.000 155 74(5), corresponding to Ar(H)VSMOW = 1.007 981 75(5).
Hydrogen atoms have 1 electrons and the shell structure is 1. The ground state electronic configuration of neutral hydrogen is 1s 1 and the term symbol of hydrogen is 2 S 1/2. Hydrogen: description Your user agent does not support the HTML5 Audio element.
Nov 11, 2016 · (Phys.org)—A trio of researchers with Princeton University has found a way to weaken the strong bonds between the nitrogen and hydrogen atoms in.
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where H/M = the hydrogen-to-metal or material host atom ratio, M H = the molar mass of hydrogen, and M Host = the molar mass of the host material or metal. Note that M Host should be calculated for a.
For example, water is a compound of hydrogen and oxygen. Each water molecule contains two hydrogen atoms and one oxygen atom. We show this in its.
The chemical formula for water is H2O which means that every molecule of water has 2 atoms of hydrogen (H) and one atom of oxygen (O). Here comes the key.
A hundred million (100,000,000) hydrogen atoms put side-by-side is only as. The second and third periods both contain eight elements, the fourth and fifth.
The physical properties of molecular substances. Molecules are made of fixed numbers of atoms joined together by covalent bonds, and can range from the very small (even down to single atoms, as in the noble gases) to the very large (as in polymers, proteins or even DNA).
Jan 23, 2015. The hydrogen atom has one proton and one electron. The most abundant element in the universe, hydrogen is also a promising source of. | ESSENTIALAI-STEM |
Sweet Leaf Tea Company
Sweet Leaf Tea Company is a producer of ready-to-drink organic branded teas and lemonades owned by Nestlé. It was founded in Beaumont, TX in 1998 by Clayton Christopher and David Smith.
On April 2, 2008, Sweet Leaf Tea Company announced $18 million in private funding from Catterton Partners. On May 29, 2008, Sweet Leaf Tea Company filed suit against an Arizona-based company for the name of their sweetener, SweetLeaf Stevia.
History
Sweet Leaf Tea was founded in 1998 in Beaumont, TX by Clayton Christopher, using $10,000 and his grandmother's recipe for home-brewed iced tea made with cane sugar. Early production consisted of brewing tea in crawfish pots in Hen's kitchen, using pillow cases as "tea bags" and; then using garden hoses to transport the tea to plastic bottles.
In March 2009, Nestlé Waters North America invested $15.6 million in the company. In 2012, Clayton Christopher stepped down as CEO and was succeeded by former Nestlé General Manager Dan Costello.
In April 2010, Sweet Leaf acquired Cincinnati-based Tradewinds Beverage Co.
In 2012, Sweet Leaf replaced the organic brewed tea used in the original recipes with organic tea concentrate.
Products
Teas
* Organic Original Sweet Tea
* Diet Original Sweet Tea
* Organic Mint & Honey Green Tea
* Organic Citrus Green Tea
* Diet Citrus Green Tea
* Organic Peach Sweet Tea
* Organic Lemon Sweet Tea
* Raspberry Sweet Tea
* Lemon Lime Unsweet Tea
* Organic Half & Half Lemonade Tea
* Diet Mint & Honey Green Tea (discontinued)
* Diet Peach Sweet Tea (discontinued)
* Organic Mango Green Tea (discontinued)
* Organic Pomegranate Green Tea (discontinued)
Lemonades
* Organic Original Lemonade
* Organic Peach Lemonade (discontinued)
* Organic Cherry Limeade (discontinued)
Headquarters
Sweet Leaf is headquartered in the Penn Field Business Park in the South Congress area of Austin, Texas.
Sweet Leaf originally had its headquarters in Beaumont, Texas. The headquarters moved to Austin in October 2003. In the mid-2000s, Sweet Leaf headquartered in an area west of Downtown Austin. In 2007, Sweet Leaf relocated to the South Congress area. In April 2009, the company began to look for a larger headquarters space. In October 2009, Sweet Leaf announced that it planned to move its headquarters to a LEED certified building during that month. In December 2009, the company moved its headquarters to the Penn Field Business Park in South Congress. | WIKI |
Fat Loss: It can be a Life-style, Not a Food plan!
Fat Loss: It can be a Life-style, Not a Food plan!
Stand in line in a area retail outlet and look at the person in front of you, then the person specifically at the rear of you. Statistically talking, a single of you is obese. A growing epidemic in the U.S., being overweight fees are soaring not only in grown ups, but in little ones as properly. Miracle capsules, hormone treatment, distinctive shakes, and some others have served some persons, but all round, we are a larger unhealthier region than we were a generation back. Examining nutritious detoxification eating plans as properly as transient modifications in life-style can enable support excess weight reduction for people today who are classified as “overweight.”
Being overweight has a variety of definitions, but a easy way to define it is that it is when your human body bodyweight is 20% additional than your perfect bodyweight. Among 1980 and 2000, weight problems fees doubled amongst adults. About 60 million grownups, or 30% of the adult inhabitants, are now overweight. Considering the fact that 1980, chubby premiums have doubled amongst small children and tripled among the adolescents. This is largely owing to inadequate weight loss plans and lack of physical exercise, which are contributing noticeably to joint troubles, diabetes, and the onset of a variety of other health issues. In accordance to the American Academy of Youngster and Adolescent Psychiatry (AACAP), inadequate diet program and absence of exercising is dependable for in excess of 300,000 deaths each individual calendar year. This is the equal of just about three jumbo jets loaded with people today crashing just about every working day!
Much more than 50% of American grownups do not get the recommended volume of physical activity to offer wellbeing benefits. I listen to it all the time: “Dr. Laurence, I do not have time to physical exercise”, or, “I will not like to training”, or “The weather is undesirable outside the house.” You can commence by basically walking. Wander every working day exterior, within, in the area division shop or shopping mall (Just do not provide your wallet!). Walking can little by little change into jogging. If you have undesirable knees, then try swimming or a drinking water aerobics course. Pounds loss happens when excess fat cells shrink. Through Liposuction, unwanted fat cells are eradicated in a person component of the entire body, only to obtain that body fat will deposit in a unique portion of the system. As a result, the only way to really obtain body weight decline is to training and modify your consuming practices.
A healthier food plan is crucial to getting rid of pounds. This does not necessarily mean that you have to starve you. Ingesting greater foods previously in the day alternatively of afterwards in the day will help maintain kilos off. When asleep, your rate of metabolism lowers. Taking in a significant meal late in the day will only bring about pounds to acquire. Consider ingesting smaller sized foods. Investigation demonstrates that only 25% of U.S. grownups take in the proposed five or a lot more servings of fruits and greens each and every working day. Much more folks are taking in easy, sugar-laden, processed meals that lack natural vitamins and minerals critical for wellness. Around a lifetime time, this can contribute to other a lot more severe wellness hazards, these kinds of as arthritis, joint replacements, asthma, and other degenerative diseases.
Where by should really you start out? Check out removing all sodas and sugary drinks from your diet. Switch them with organic and natural juices and drinking water. Commence reading labels for hydrogenated oils, significant fructose corn syrup, sucralose, and other malnutritious components. Try to eat 5-9 servings of fruits and veggies daily. Under is a Diet plan that I am recommending to you for 3 months, and, as always, 1st be confident that you consult your health care provider, nutritionist, or chiropractor before starting, to see if it is ideal for you. It is meant to be temporary.
Detox Food plan
Foods Allowed: poultry, seafood, eggs, butter, total nuts (except peanuts), all vegetables, like asparagus, cucumber, celery, environmentally friendly peas, onion, broccoli, lettuce, okra, carrots, and so forth., all salads, beans, ginger root, and very low sugar fruits including all type of berries, pears, green apples, unripe bananas, and grapefruit. Only use little quantities of higher good quality oils if vital, these kinds of as olive, sunflower, canola, fish oils, flax oil, and borage oils. Spices are ok ginger and turmeric are really anti-inflammatory.
Restricted Food items: all grains, bread, pasta, cereals, rice, sweet fruits, juices, sweets, sweet, cake, corn, potatoes, starches, chips, and crackers, significant fructose corn syrup, and sugar. No alcoholic beverages. No Carbohydrates for three weeks.
Items to be Conscious of: Make guaranteed that you consume a lot of water, and get ready your foods. This can be completed in conjunction with a balanced training program. When you are finished with the three months, it is nonetheless quite vital to consume a lot less starch and processed sugars, as these goods in certain add to bodyweight attain.
All over again, this is a guide, and ought to be followed closely with your wellness care practitioner. It can be really complicated, but you will see outcomes. By currently being proactive now, you are insuring your most worthwhile asset: YOU! As the well known indicating goes, “an ounce of avoidance is really worth a pound of get rid of.”
By: Dr. Chad Laurence
Related Post | ESSENTIALAI-STEM |
Anima Animus
Anima Animus is the third studio album by British duo the Creatures, consisting of Siouxsie Sioux and musician Budgie, released in 1999. The title of the album was inspired by Carl Jung's concept of anima and animus ("the woman inside the man, the man inside the woman").
Recorded in France and England, the album was a departure from previous Creatures works. While still retaining a percussive element, the music had a more urban sound. Upon its release, the record was well received by critics.
Anima Animus was later hailed by peer PJ Harvey, who selected it in her Top 10 Albums of 1999.
History and music
The pair began developing ideas for the songs in 1995. "Exterminating Angel" was composed that autumn in France. Siouxsie and Budgie had purchased a lot of equipment and decided to work at their house near Toulouse. The original title of the album was Gifthorse, then Mount Venus, before the duo changed their minds to finally opt for Anima Animus, which was a reference to Jung's theory of "The Man Inside The Woman and The Woman Inside The Man". In 1996, no major label was interested in the demos, as they were judged as too avant-garde and not commercial enough. Siouxsie and Budgie then decided to finance the project themselves, and began recording on their own. They produced the album with the assistance of Steve Lyon, Steve Levine and Warne Livesey. Four songs ("2nd Floor", "Another Planet", "Say" and "I Was Me") were recorded in England. While staying in London, they met Doug Hart, who owned an independent label, Hydrogen Records. With his help, the Creatures set up their own label called Sioux Records, and became an independent act. The album was finally mixed in New York. The portraits of Siouxsie and Budgie for the sleeves were designed and conceived by French artists Pierre et Gilles in Paris in 1997.
Lucy O'Brien described "2nd Floor" as "a driving, thumping dancefloor thing that exudes a brooding glamour". Siouxsie said that the song was about the state a person was after having too many Vodka Gimlets. "It's when you still want more, when you want the party to continue and it's beyond being sensible. I remember times when I was the one person left in a place, and the euphoria that goes along with it. '2nd Floor' was my idea of what a private drinking bar would be, that was open all the time." She also stated that "There's something very religious about bars. They're like altars. The lighting. The colour of the bottles. Having a drink. It's like Santa's Grotto time." "Don't Go to Sleep Without Me" is a "ghostly lullaby".
Release
The first single, "2nd Floor", was issued in late 1998, shortly after the four-track EP Eraser Cut. The second single, "Say", featured two unreleased B-sides: the acoustic "Broken" and the atmospheric "All She Could Ask For". The latter song opened their 1999 concerts. All of this extra material was later included on the U.S. Retrace compilation.
Anima Animus was released on both CD and double 10-inch vinyl record. The album was also released on Spotify.
Critical reception
The album was well received by critics. The Times gave it 8 out of 10 and wrote: "Siouxsie, has rarely been in better voice. The opening track, "2nd Floor" is a fantastically knowing melodrama, riding a techno pulse, while the ominous, epic "Exterminating Angel" pursues its prey in lamplit streets. It's entrancing, hypnotic and inventive". The Sunday Times praised it in glowing terms: "Siouxsie's voice has lost none of its ability to seduce and unsettle. The sound is percussive, defined by Budgie's supple rhythm work. "Exterminating Angel" is exquisitely menacing, while the sinuous "Another Planet" grows to a shuddering climax." Uncut reviewer Chris Roberts rated the album 4 out of 5, saying: "Sioux's always been at her best as a harsh declaimer [...] but there are phases where she whispers, breathes, reaches for vulnerability", before concluding "The Creatures have jettisoned comfort and are phoning home from a new end zone. Anima Animus crackles."
Track listing
All songs written and composed by Siouxsie and Budgie.
* 1) "2nd Floor"
* 2) "Disconnected"
* 3) "Turn It On"
* 4) "Take Mine"
* 5) "Say"
* 6) "I Was Me"
* 7) "Prettiest Thing"
* 8) "Exterminating Angel"
* 9) "Another Planet"
* 10) "Don't Go to Sleep Without Me"
Personnel
* The Creatures
* Siouxsie Sioux - vocals, drone, koto zither and toy piano
* Budgie - drums, percussion, marimba, synthesizer, guitar and organ
* Augmented with
* Knox Chandler - guitar
* Polly Chilcott - cello on "I Was Me"
* Production
* the Creatures with
* Steve Lyon on tracks 2, 3, 4, 7, 8 and 10
* Warne Livesey on "2nd Floor" and "Another PLanet"
* Steve Levine on "Say" and "I Was Me"
* Additional production
* Ian Caple on "Prettiest Thing"
* Juno Reactor on "Exterminating Angel"
* Warne Livesey on "Say"
* Photography
* Pierre et Gilles
* Design
* DED Associates | WIKI |
Henry Young (footballer)
Henry "Tracker" Young (16 May 1873 – 9 January 1923) was an Australian rules footballer in the Victorian Football League (VFL). A successful participant in numerous sports he was master of them all. He commanded respect whether it was on the football field, the boxing ring, riding in the Melbourne to Warrnambool road race, or rowing on Corio Bay.
Tracker's fitness was that impressive that it is well known that he ran 30 plus kilometres along the beach to the game, played four quarters in the ruck and then ran 30 kilometres back home.
Family
The son of Samuel Young (1840–1923), and Margaret Young (–1926), née Calhoun, Henry Young was born in Geelong on 16 May 1873.
He married Ruby May Gaylard (1886–1940) in 1920. Ruby remarried in 1923. Both she and her second husband, Leslie Alexander Eastgate, died as the result of an accident on 20 December 1940.
Football
Young was an outstanding tap-ruckman who was allegedly never beaten in a game. Tracker was recruited from Wellington, a local team and first played in the Victorian Football Association days.
A supremely athletic and fit person, it allowed him to ruck for four quarters, often brilliantly and with a dominating effect on his opponents, such was the consistency of his play the opposing rovers tried to feed off his hit outs. Strong and courageous, and a magnificent high mark he displayed a cool temperament and always at the forefront of protecting his teammates with effective shepherding.
Tracker sustained serious injury problems in 1898 and 1899, however he made a strong comeback and throughout his career provided tremendous service and was inspirational to his teammates as club captain (137 games as captain).
Tracker also won the Geelong Best and Fairest Award (pre-Carji Greeves Medal) in 1905 and 1906.
Rowing
An outstanding oarsman, he was the honorary rowing coach of Geelong College from 1917 until his death in 1923.
Death
Young died of heart failure — "having been under special treatment for heart trouble during the last four months" — at the age of 49, shortly after a swim.
* "With the death of Henry Young Geelong has lost its greatest athlete. As a citizen and a comrade the loss is still greater. He was a good club man and friend, and played the game, no matter what it might be, with all the vigor and power that was in him. He took care that he was always physically fit, and gave of his best to the side, and help to a mate who needed it in a hard contest. To friend and foe alike, he always played his hardest, but always played the game, with the result that he had not an enemy among those against whom he competed. At the close of a contest, no matter how vigorous it was, or how the result went, he would give or accept congratulations, knowing that, on his part, there was no incident to have regret over. He was never happier than when imparting knowledge to a beginner." Charles Brownlow (chairman of the Australian Football Council, and secretary of the Geelong Football Club).
Recognition
In 1996 he was inducted (as one of 138 inductees) into the inaugural AFL Hall of Fame.
In 1996, he was named as the resting forward-pocket ruckman in the Geelong Football Club's Team of the Century; and, in 2002, he was declared to be one of the Geelong Football Club Legends, among the inaugural group of 20 highly significant former players. | WIKI |
Loading variables from Excel into GAUSS
This tutorial will explain how to load variables from an Excel® spreadsheet into your GAUSS workspace and retain the variable names from the spreadsheet. In addition to step-by-step instruction, source code for procedures that will automate this process is also included. This is a high-level tutorial that will explain the usage of supplied convenience procedures, rather than going through the details of creating this “from the ground up.”
Loading data and assigning variable names
First download the tutorial zip file, xl_load_tutorial. It contains:
1. load_test.xlsx - an Excel® data file with four variables.
2. load_test.src - a GAUSS file containing the procedures we will need for this tutorial
3. load_test.dec - a GAUSS declaration file
Place these files in the correct location by installing xl_load_tutorial.zip with the GAUSS application installer if you are running GAUSS 13. You can do this by selecting "Tools
->Install application" from the main application menu and then follow the install wizard's instructions. For older versions extract the ZIP file into your GAUSS home directory.
Adding the procedures to your 'user' library
After you have installed the contents of the ZIP file, the next step is to add the new procedures contained in load_test.src to your user library. Adding these procedures to your user library ensure that they are always available for you to use—you will never get an “undefined symbol” error when trying to use them. You will also be able view the procedures and navigate to them by clicking in the Library Tool on the Source Page.
Viewing GAUSS libraries
GAUSS Library Tool
Create a user library if it does not exist
If you do not see the 'user' library in your Library Tool, create it by clicking the '+' icon next to “Create Library” and follow the instructions.
Adding the source file to the library
To add the tutorial source file, load_test.src to your 'user' library:
1. Click the wrench icon next to “user” in the Library tool to bring up the menu:
User library entry in the Library Tool
Library Tool wrench icon
2. Select “Add Files” from the menu
Adding Files to a library
Adding files to the user library
3. Browse and select the file load_test.src, which should be in your GAUSSHOME/src directory. Finish by clicking the "Open" button at the bottom of the file dialog.
Running xlsLoadVars
Now we are ready to load the variables from the sample file into our GAUSS workspace. The file load_test.xlsx should be in your GAUSS home directory. Look at the current directory toolbar widget to make sure your current working directory is GAUSS home.
Current working directory widget
Current working directory widget
From the GAUSS home directory we can load the variables from the file with this statement:
xlsLoadVars("load_test.xlsx");
To verify that the variables are loaded, we can click the data tab and view the list of matrices in the workspace.
Viewing current symbols
Viewing active matrices on the Data Page
Creating a declaration file
At this point, the four variables Dates, GDP, Oil and TBill are available for use in any GAUSS program. However, when we clear our workspace with the new command, they will not be available until after we run the xlsLoadVars command again. In fact this code below will return the error, “Undefined symbols”.
//Load the variables: Dates, GDP, Oil and TBill
xlsLoadVars("load_test.xlsx");
newGDP = GDP;
The reason is that the variable GDP will not be assigned by xlsLoadVars until run-time. However, at compile time--when GAUSS turns your program text into something it can execute--GAUSS needs to know if GDP will exist and what type of variable it is. The most robust method of avoiding this "undefined symbols" error is to add a declaration file to your 'user' library. A declaration file is a file that initializes variables at compile time. For this tutorial project, our declaration file will look like this:
declare Dates ?= 0;
declare GDP ?= 0;
declare Oil ?= 0;
declare Tbill ?= 0;
The '?=' tells GAUSS that if the symbol does not already exist, then initialize the symbol with a value of zero. An example declaration file for this tutorial, load_test.dec should be located in your GAUSSHOME/src directory.
Add the declaration file to your user library
For GAUSS to use a declaration file, it must either be run before the variables are referenced or it must be in a loaded library. You could ensure that the file is run before the variables are referenced by adding a statement like:
#include my_declaration_file.dec
to the top of your program file, or you could simply add it to your 'user' library. Once a declaration file is added to your 'user' library, the variables it declares will always be available with no extra steps on your part. Therefore adding the declaration file to your 'user' library is the preferred solution. Add the declaration file to your user library using the same steps that we used to add load_test.src.
Automating declaration file creation
This tutorial came with a declaration file. However, you will need to create them for your future projects. For your convenience, load_test.src also contains the procedure createDecFile. You can use this procedure to create a declaration file for another set of variables inside of an Excel file using these steps,
1. Load the variables names into a string array with the GAUSS function xlsReadSA.
2. Call createDecFile, passing in the string array list of variable names and the name for the declaration file.
For example, if you were starting a new project using a data file named my_new_project.xlsx which has four variables, then your code would look like this:
//Load the string column names from cells A1-D1
myVars = xlsReadSA("my_new_project.xlsx", "A1:D1", 1, "");
//Create a declaration file for the variables
createDecFile(myVars, "my_new_project.dec");
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Hugh McFadden
Hugh McFadden may refer to:
* Hugh McFadden (poet), Irish poet and journalist
* Hugh McFadden (Gaelic footballer), Irish Gaelic footballer | WIKI |
Page:William Le Queux - The Czar's Spy.djvu/196
180 One day I called at the castle, the front entrance of which I found closed. Gilrae, the owner, had come up from London, met his factor there, and discharged all the late tenant's servants, keeping on only three of his own who had been in service there for a number of years. Ann Cameron, a housemaid, was one of these, and it was she whom I met when entering by the servants' hall.
On questioning her, I found her most willing to describe how she was in the corridor outside the young mistress's room when Mr. Leithcourt dashed along in breathless haste with the telegram in his hand. She heard him cry: "Look at this! Read it, Muriel. We must go. Put on your things at once, my dear. Never mind about luggage. Every minute lost is of consequence. What!" he cried a moment later. "You won't go? You'll stay here — stay here, and face them? Good Heavens! girl, are you mad? Don't you know what this means? It means that the secret is out — the secret is out, you hear! We must fly!"
The woman told me that she distinctly heard Miss Muriel sobbing, while her father walked up and down the room speaking rapidly in a low tone. Then he came out again and returned to his dressing-room, while Miss Muriel presumably changed from her evening-gown into a dark travelling-dress.
"Did she say anything to you?" I inquired.
"Only that they were called away suddenly, sir. But," the domestic added, "the young lady was very pale and agitated, and we all knew that something terrible had happened. Mrs. Leithcourt gave | WIKI |
Dulce Alavez: Sketch released of possible witness to girl's abduction
On Tuesday, New Jersey officials released a sketch of a possible witness to the abduction of 5-year-old Dulce Maria Alavez.Dulce disappeared on September 16, after her mother took her to Bridgeton City Park with her siblings.Visit Insider's homepage for more stories.The case of a 5-year-old girl who has been missing for a month took a turn on Tuesday when New Jersey officials released a sketch of a man they believe may witnessed Dulce Maria Alavez's abduction.
Dulce was last seen running towards the playground at Bridgeton City Park with her younger brother on September 16, according to NJ.com. Her mother, 19-year-old Noema Alavez Perez, initially stayed behind in the car with her 8-year-old daughter, but went to check on the other two kids when the older daughter said she couldn't see her siblings on the playground.When Perez got to the playground, her son was crying and asking for his sister.An Amber Alert was later issued when a child who was at the playground reported seeing a man direct a child into a red van with tinted windows at the park. (While that man was initially described as an abductor, investigators later said they just wanted to speak to him.)The sketch of the man officials released Tuesday is not being described as a suspect or a person of interest. Rather, Cumberland County Prosecutor Jennifer Webb-McRae said in a statement on Facebook that he is "simply a possible witness we want to speak with at this time."The sketch was put out after a new witness came forward and described a person that they had seen at the park, who had been with two children under the age of 5 around the time that Dulce went missing.Officials said the witness is not the same one who prompted the Amber Alert with their description of a man ushering a child into a vehicle at the park."We are asking this person (or anyone who may recognize him) to come forward, as investigators wish to speak with him as it is believed that he may have information that is helpful in determining the circumstances that led to Dulce's disappearance," Webb-McRae said.Read more: The 14 most well-known unsolved missing person cases in historyThe man in the sketch is described as Hispanic and about 5-feet, 7-inches tall. He is of a slender build and 30-35 years old. He was wearing a white T-shirt, blue jeans, and a white baseball-style cap at the time.Dulce is about 3-feet, 5-inches tall with brown eyes and brown hair. She was last seen wearing a yellow shirt with the picture of an elephant on it, black and white pants, and white shoes.A $52,000 reward is being offered for information on Dulce's disappearance.Anyone with information on the man is being asked to contact the Bridgeton Police Department at 856-451-0033. Anonymous tips can also be texted to TIP411 with "Bridgeton" in the message.Read more:Police find body of disabled 15-year-old girl who went missing in the Malaysian jungleA missing girl has been reunited with her family 20 years after vanishing on a train in BelarusThe Vatican is opening tombs to search for the remains of Emanuela Orlandi, the teen daughter of a prominent church official who disappeared in 19832 Wisconsin brothers visited a remote, 74-acre Missouri farm for a business deal. They've been missing over a week and police just arrested the farmer.
Read the original article on INSIDER. Copyright 2019.
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Follow INSIDER on Twitter. | NEWS-MULTISOURCE |
DynamicMemoryAllocation
DavidMenendez edited this page Aug 8, 2013 · 13 revisions
Clone this wiki locally
Dynamic memory allocation is mostly a non-issue in Python. The simplest example is that of lists, which can grow to any required size.
Lists can be used in Cython, but they can only hold Python objects which incurs a certain amount of overhead. For C data types, this must be dealt with in a similar way to the usual C language: namely by using malloc, realloc and, importantly, free.
One can get a feeling for this need by studying the example contained in primes.pyx: the return array has a fixed, maximum length, which is hard coded in the script. This length cannot be changed at run time, to change it one has to recompile.
To gain access to these function is very easy: just use "cimport libc.stdlib" (see the Cython/Includes/ directory).
The .pxd file actually defines the relevant functions like so:
# standard cimport file libc/stdlib.pxd
cdef extern from "stdlib.h":
void free(void* ptr)
void* malloc(size_t size)
void* realloc(void* ptr, size_t size)
# ...
This declares the required functions as provided by the C standard library.
A very simple example of malloc usage is the following:
import random
from libc.stdlib cimport malloc, free
def random_noise(int number=1):
cdef int i
cdef double *my_array = <double *>malloc(number * sizeof(double))
if not my_array:
raise MemoryError()
try:
ran = random.normalvariate
for i in range(number):
my_array[i] = ran(0,1)
L = [ my_array[i] for i in range(number) ]
finally:
# whatever happens, make sure we do not leak memory
free(my_array)
return L
One important thing to remember is that blocks of memory obtained with malloc must be manually released with free when one is done with them or it won't be reclaimed until the python process exits. This is called a memory leak. | ESSENTIALAI-STEM |
User:Charliee Foxtrot
All you need to know about me:
Male
23 years of age
Military professional
Interests: Guns, politics, religion (how it plays out in politics), middle eastern studies, Russian studies, coin collecting, traveling, backpacking/camping.
If you want to know more, I probably wont tell you. | WIKI |
1984 United States elections
The 1984 United States elections were held on November 6, and elected the members of the 99th United States Congress. Republicans won a landslide victory in the presidential election, picked up seats in the House of Representatives, and successfully defended their Senate majority.
Republican incumbent President Ronald Reagan won re-election, defeating Democratic former Vice President Walter Mondale. Reagan carried every state except for Washington, D.C., and Mondale's home state of Minnesota; won 58.8 percent of the popular vote; and defeated Mondale by a popular vote margin of eighteen points. Reagan remains the only presidential candidate since Richard Nixon in 1972 to win at least 55 percent of the popular vote and win by a margin greater than 10 points.
Mondale defeated Colorado Senator Gary Hart and Reverend Jesse Jackson of Illinois to take the Democratic nomination. Mondale selected New York Congresswoman Geraldine Ferraro as his running mate, making Ferraro the first woman to appear on a major party presidential ticket.
Democrats picked up two Senate seats, bringing their total to 47 out of 100 seats. Democrats won the nationwide popular vote for the House of Representatives by a margin of 5.1 percentage points and retained their majority, though Republicans picked up a total of sixteen seats. The party makeup of both chambers of Congress following this election cycle, in which the Democrats had control of the House and the Republicans had control of the Senate, would not be emulated until 2018. In the gubernatorial elections, the Republicans won a net of one seat. | WIKI |
Page:Popular Science Monthly Volume 68.djvu/541
Rh
HE occurrence of several disastrous earthquakes and eruptions during the last few months inevitably suggests the question whether all these events may not have a common and determinable origin. To avert any of these disasters, even to modify them in the slightest degree, may be entirely hopeless; but the vaguest foreknowledge of their probable occurrence might be of untold value in saving life and property. Has modern research obtained any clues which enable predictions to be made, or promise that prediction may be possible in the near future? It must be frankly admitted that as yet our knowledge is so slight as to have no commercial value; but still, there are one or two clues in the hands of those working at the subject which may ultimately lead them to more directly useful knowledge. We have learnt something of the regions where earthquakes occur, and something of the times when we may specially expect them; and, though the something is in each case a very little, the magnitude of the issues involved lends it interest.
Systematic observation of earthquakes is only about a quarter of a century old, and for fairly complete records of all the shocks occurring in different parts of the globe we can date only from 1892. Before that date information could only be collected on the spot, and was thus frequently lost; but it was realized about 1890 that a series of earthquake observatories, with delicate instruments, could obtain records of shocks in any quarter of the globe, and identify the spot with certainty, even if there were no witnesses of the actual occurrence. From the records of these observatories it appears that there are every year some 30,000 minor shocks of earthquake in different localities, but of these only 60 are 'world-shaking' and observable from a great distance. Such numbers indicate immediately that, from one point of view, the San Francisco earthquake can not be regarded as exceptional; it was only one event out of 60 per annum. What rendered it disastrous was the existence of a great town in the shaken locality. But was the neighborhood known to be a dangerous one? Was it at any rate, suspected, so that the building of a great city there was an error of judgment? and is it advisable to the city in the same place? These are | WIKI |
Page:Oblomov (1915 English translation).djvu/42
38 and striking verisimilitude. Certain extracts from the poem have come to my ears, and I may say that the author is a great man—one hears in him the notes both of Dante and of Shakespeare."
"And whence has he originated?" asked Oblomov, leaning forward in astonishment; but Penkin, perceiving that he had now said too much, merely repeated that Oblomov must read the poem, and judge for himself. This Oblomov declined to do.
"Why?" asked Penkin. "The thing will make a great stir and be much talked about."
"Very well: let people talk. 'Tis all some folks have to do. 'Tis their métier."
"Nevertheless, read it yourself, for curiosity's sake."
"What have I not seen in books!" commented the other. "Surely folk must write such things merely to amuse themselves?"
"Yes; even as I do. At the same time, what truth, what verisimilitude, do you not find in books! How powerfully some of them move one through the vivid portraiture which they contain! Whomsoever these authors take—a tchinovnik, an officer, or a blackmailer—they paint them as living creatures." | WIKI |
...In Color
...In Color is the second studio EP by American rock band The Summer Set, that was released on June 24, 2008, by The Militia Group. It was completed shortly after the band decided to sign with The Militia Group record label. In July, the band went on tour with Anarbor and Eye Alaska. In October, the band supported Sherwood on their tour of the US.
Track listing
* 1) "Cross Your Fingers"
* 2) "Seasons"
* 3) "She's Got The Rhythm"
* 4) "Close To Me"
* 5) "Lights'" | WIKI |
Stewart BATTLE, et al., Plaintiffs, v. CITY OF SEATTLE, et al., Defendants.
Case No. C14-309RAJ.
United States District Court, W.D. Washington, at Seattle.
Signed Feb. 24, 2015.
Jennifer Kaplan, Law Office of Gilbert H. Levy, Gilbert Henry Levy, Gilbert H. Levy, Seattle, WA, for Plaintiffs.
Patrick Downs, Gary T. Smith, Jessica Nadelman, Seattle City Attorney’s Office, Seattle, WA, for Defendants.
ORDER
RICHARD A. JONES, District Judge.
I. INTRODUCTION
This matter comes before the court on the parties’ cross-motions for summary judgment. Although the parties requested oral argument, the briefs and evidence that the parties submitted provide an adequate basis for the court’s ruling. For the reasons stated below, the court GRANTS Plaintiffs’ motion for summary judgment (Dkt. # 21) in part and DENIES Defendants’ motion (Dkt. #25). Because today’s disposition does not end this case, Part IV of this order includes instructions to the parties to address the resolution of Plaintiffs’ remaining claims and the entry of a final judgment.
II. BACKGROUND
Plaintiffs, the Lyndon LaRouche Political Action Committee and two of its Seattle-area organizers, prefer to spread their political messages by a practice they call “tabling.” They use a four-foot-by-two-foot portable table draped on its sides with political signs and covered on top with pamphlets or other political literature. They place the table on a sidewalk or other public area, preferably one with heavy pedestrian traffic, then attempt to engage pedestrians in conversation about their political messages. They also hand out pamphlets to pedestrians who will accept them.
Plaintiffs have stopped tabling, however, because they fear enforcement of Seattle laws that limit the use of its public rights-of-way. Christie Decl. ¶ 9. Those laws are part of Seattle’s Street Use Ordinance, which is Subtitle I of the Seattle Municipal Code (“SMC”). The Street Use Ordinance regulates almost any use of a public right-of-way, and most of its provisions have nothing to do with this lawsuit. At issue here are portions of the Ordinance that require a permit to place objects, including tables, in a public right-of-way. Plaintiffs have never applied for a permit.
Instead of filing permit applications, Plaintiffs filed suit against the City of Seattle and the directors of the three City agencies responsible for issuing permits via the Street Use Ordinance. Their complaint. alleges that the permit requirement violates the First Amendment (and its analogue at Article I, Section 5 of the Washington Constitution) in many ways: by requiring them to obtain a permit at all, by providing no timetable for acting on permit applications, by requiring them to obtain liability insurance as a condition of obtaining a permit, and by vesting City officials with unfettered discretion to grant or deny permits and set their terms. Plaintiffs seek declaratory relief and a permanent injunction.
The cross-motions for summary judgment address only Plaintiffs’ request for declaratory relief as to its First Amendment claim. Although the parties’ briefing targets many features of the Street Use Ordinance’s permit requirement, the court’s ruling today focuses on a single overarching feature: the Ordinance’s grant of discretion to deny permits. The court rules that the Ordinance grants overly broad discretion to the Seattle Department of Transportation (“SDOT”) to deny street use permits, and that the permit requirement is unconstitutional to the extent that SDOT administers it.
III. ANALYSIS
The cross-motions for summary judgment require the court to draw all inferences from the admissible evidence in the light most favorable to the non-moving party. Addisu v. Fred Meyer, Inc., 198 F.3d 1130, 1134 (9th Cir.2000). Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(a). The moving party must initially show the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The opposing party must then show a genuine issue of fact for trial. Matsushita Elect. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The opposing party must present probative evidence to support its claim or defense. Intel Corp. v. Hartford Accident & Indem. Co., 952 F.2d 1551, 1558 (9th Cir.1991). The court defers to neither party in resolving purely legal questions. See Bendixen v. Standard Ins. Co., 185 F.3d 939, 942 (9th Cir.1999).
A. The Street Use Ordinance’s General Permit Requirement Applies to Plaintiffs’ Tabling and Many Other “Uses” of Seattle’s Public Rights of Way.
1. The General Permit Requirement
The Street Use Ordinance establishes a rule of general application: any “use” of Seattle’s public rights-of-way requires a permit. SMC 15.04.010; SMC 15.02.048 (limiting Ordinance to “use” of “public place”); SMC 15.02.046(H) (defining “Public space” as “public-right-of way ... including streets, avenues, ... sidewalks, ... and plazas that are not privately owned”). The Ordinance, taken literally, requires a permit to walk down a Seattle sidewalk. SMC 15.02.048 (“‘Use’ means ... occupying all or part of a public place with or without the right to do so.”). Fortunately for Seattle pedestrians, there is no evidence that the City interprets the Ordinance quite that literally. Instead, the City focuses on specific “uses” named in the Ordinance, which include fencing or scaffolding for construction, digging, curb reconstruction, signs, clocks, awnings, sidewalk cafes, transportation of buildings, billboards, newsstands, and more. SMC 15.02.048. The enumerated “uses” also include the one that impacts Plaintiffs’ tabling: “placing any material, equipment, inanimate object, or thing in any public place.” SMC 15.02.048(A)(4).
The general permit requirement at issue is contained entirely in Chapters 15.02 and 15.04 of the Ordinance. The Ordinance contains more than twenty other chapters, many of which contain their own permit requirements. For example, placement of a “newsstand” is one of the “uses” enumerated in SMC 15.02.048, and thus subject to the permit requirement of SMC 15.04.010. Nonetheless, the Street Use Ordinance contains a separate chapter devoted to newsstands. SMC Ch. 15.14. It declares, without mentioning the general permit requirement, that no permit is necessary to place a newsstand in a public place, except as provided in that chapter. SMC 15.14.020. The court suggests no view on the relationship between the general permit requirement in Chapters 15.02 and 15.04 and other permit requirements in the Street Use Ordinance. It suffices to note that no one suggests that any other permit requirement impacts Plaintiffs. When the court uses the term “permit requirement” in the remainder of this order, it refers solely to the general permit requirement described in Chapters 15.02 and 15.04.
2. Application of the Permit Requirement to Plaintiffs’ Tabling
There is no dispute that the permit requirement applies to Plaintiffs tabling. As noted, the placement of any “inanimate object” in a public right-of-way is a “use” within the meaning of the Ordinance. SMC § 15.02.048(4). Plaintiffs’ tables are just 8 square feet, and nothing contradicts evidence that they have placed their tables so as to leave at least 4 feet of sidewalk clearance. Christie Decl. ¶ 2. One might question whether tabling, as Plaintiffs’ practice it, is exempt from the permit requirement by virtue of the Ordinance’s declaration that a “ ‘use’ shall not include placing an inanimate object in a location and for a limited duration of time that, under the circumstances, no reasonable person could conclude that the public’s right to use or enjoy the public place, in whole or in part, has been or potentially could be interfered with.” SMC 15.02.048(4). But the parties do not raise that question. Plaintiffs do not mention the exemption. SDOT, who the Ordinance tasks with issuing most permits, has issued “Standards for Issuance or Denial of Street Use Permits” (DePlace Deck, Ex. 3, hereinafter “Standards”) that state that placing a “table or sign on the public sidewalk” is a use that requires a permit. Standards § 4.2.1; see also SMC 15.04.015(E) (assigning SDOT’s Director most authority to enforce the Street Use Ordinance). Brian DePlace, the Interim Director of the SDOT division that issues street use permits, also asserts that Plaintiffs’ tabling is subject to the permit requirement. DePlace Deck IT 4; DePlace depo. at 9.
Nothing prohibits Plaintiffs from spreading their political messages without the use of a table. The Ordinance exempts from the permit requirement “handing out leaflets or handbills to passersby,” “carrying or holding a sign,” and even “conducting a march or parade on a public sidewalk_” Standards § 4.3; DePlace Decl. ¶ 28. It is Plaintiffs’ use of a table, not the dissemination of their political messages, that places them within the scope of the Ordinance and its permit requirement.
3. Enforcement of the Permit Requirement and Its Impact on Tabling
The court must accept Plaintiffs’ uncon-tradicted evidence that the Ordinance’s permit requirement and the City’s enforcement of it have caused them to stop tabling. The Ordinance declares any “use” of public spaces in the City without a permit to be “unlawful” SMC 15.04.010, but declares no specific penalty for an unlawful use. Plaintiffs’ evidence shows the City has threatened them with fines and prosecution if they engage in tabling without a permit. Christie Decl. ¶ 9. The City has previously cited Plaintiffs because their tabling allegedly violated a City ordinance related to public vending. Levy Decl., Ex. 1. Although a hearing examiner dismissed those citations, the City has suggested to Plaintiffs that it would similarly prosecute them if they engaged in tabling without a permit. Id. (Dec. 30, 2013 letter from Assistant City Attorney to Plaintiffs’ counsel). In addition to the City’s enforcement targeted at Plaintiffs, the Ordinance declares that unpermitted placement of anything in a public right-of-way “may be declared a public nuisance” that the City may “abate[ ] with or without action at law ....” SMC 15.04.012(A), (C). Among other things, the City can seize and destroy an unpermitted table. SMC 15.38.040.
4. The Permit Application and Review Process
A person who wants to engage in a covered “use” must submit a permit application to SDOT. SMC 15.04.020(C). An applicant can either request a specific location for her “use,” or she may describe the use and ask for a list of available locations. DePlace Decl. ¶ 7. An applicant must provide a plan or sketch demonstrating how her proposed use will impact the surrounding area. Id. The application form for a “use” like Plaintiffs’ tabling is four pages long. Id., Ex. 1. In addition to the information that SMC 15.04.025 requires, the application form specifies that for uses including “Tables and Chairs,” an applicant must present proof of at least one million dollars in liability insurance. Id.
In the general case, nothing mandates approval of any permit application. SMC 15.02.100 (“Issuing permits under Title 15 is discretionary; Title 15 does not create any right to a permit.”). SDOT’s Standards also declare that, in the general case, “[d]ecisions to issue or deny applications for permits are within the discretion of the Department. Standards § 6.1.
The court will consider to what extent the Ordinance, the Standards, and City practice limit the unfettered discretion that applies, in the general case, to a decision to grant, deny, or issue no decision on a permit application. Before doing so, the court examines the parameters of a First Amendment challenge to the discretion granted to a licensor of expressive activity.
B. Although the First Amendment Protects Tabling, Restrictions on The Time, Place, and Manner of Tabling May Be Constitutional.
The First Amendment protects Plaintiffs’ tabling. In ACLU v. City of Las Vegas, 466 F.3d 784, 799 (9th Cir. 2006), the court held that “the erection of tables in a public forum is expressive activity protected by our Constitution to the extent that tables facilitate the dissemination of First Amendment speech.” Plaintiffs’ uncontradicted evidence establishes that tabling not only facilitates the dissemination of their political messages, but is more effective than disseminating that message without a table. Christie Decl. ¶¶ 3-5. Tables make it easier for Plaintiffs to display and distribute pamphlets and political literature. Id. Plaintiffs’ representatives have tried wearing signs, but found that tabling is a better means both of displaying the signs and of causing pedestrians to remember their messages. Id. Tabling, at least as Plaintiffs practice it, is expressive conduct within the scope of the First Amendment.
That the First Amendment protects tabling does not necessarily prohibit the City from regulating it. In some circumstances, a court may uphold even wholesale bans on particular methods of communication. E.g., Kovacs v. Cooper, 336 U.S. 77, 78, 89, 69 S.Ct. 448, 93 L.Ed. 513 (1949) (upholding law banning use of “sound trucks” on city streets). Indeed, although the Ninth Circuit has declined to decide the issue, the Eleventh Circuit has upheld a tabling ban. Compare ACLU v. City of Las Vegas, 466 F.3d at 800 n. 18 (declining to decide whether an ordinance banning tabling would violate First Amendment), with Int’l Caucus of Labor Committees v. City of Montgomery, 111 F.3d 1548, 1550 (11th Cir.1997) (“a ban against tables on sidewalks ... satisfies the time, place and manner test required when the actions of a city implicate the First Amendment”). Seattle does not ban tabling, it merely includes tabling among the uses of its public rights-of-way that require a permit. Plaintiffs concede that even though the Street Use Ordinance’s permit requirement operates as a prior restraint on their speech, precedent compels the conclusion that the court should analyze it as a time, place, and manner regulation. Pltfs.’ Mot. at 10-11; Thomas v. Chicago Park Dist., 534 U.S. 316, 322, 122 S.Ct. 775, 151 L.Ed.2d 783 (2002) (where permit scheme “does not authorize a licensor to pass judgment on the content of speech,” it is a “time, place, and manner regulation”); Santa Monica Food Not Bombs, 450 F.3d at 1036 (“[Although schemes imposing prior restraints on protected speech face a heavy presumption against validity, ... time, place, and manner regulations of speech in public areas bear a somewhat lighter burden, so long as they are content neutral.”).
A time, place, and manner regulation that includes a permit requirement is valid if it meets several constitutional requirements. First, it must not “delegate overly broad licensing discretion to a government official.” Forsyth County v. Nationalist Movement, 505 U.S. 123, 130, 112 S.Ct. 2395, 120 L.Ed.2d 101 (1992). It must be content-neutral. Id. It must be “narrowly tailored to serve a significant governmental interest,” and it “must leave open ample alternatives for communication.” Id.; see also Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). A “[t]ime, place, and manner restriction need not ... be the least restrictive alternative available.” Santa Monica Food Not Bombs, 450 F.3d at 1041; see also Ward, 491 U.S. at 798, 109 S.Ct. 2746 (holding that a time, place, and manner restriction “need not be the least restrictive or least intrusive means” of serving the government’s interest).
Plaintiffs concede that the permit requirement is facially content-neutral. Tabling and other expressive activity within the scope of the Ordinance require a permit whether the expressive activity is political or artistic, left-leaning or right-leaning, pro-government or anti-authoritarian. There is no evidence that the City has used the permit requirement to favor some messages and not others, and nothing contradicts Mr. DePlace’s declaration that the SDOT staffers who review permit applications do not “consider any particular message that the permit applicant intends to convey .... ” DePlace Decl. ¶ 19.
The Ordinance’s facially content-neutral permit requirement is unconstitutional because it invites content-based discrimination by failing to place meaningful restrictions on SDOT’s discretion to grant permit applications, even though there is no evidence that the City or its officials have ever accepted that invitation. The court now explains that conclusion.
C. The Street Use Ordinance Gives Licensing Officials Unfettered Discretion to Grant or Deny Permit Applications.
The First Amendment demands that a licensing scheme “contain adequate standards to guide [an] official’s discretion and render it subject to effective judicial review.” Thomas, 534 U.S. at 323, 122 S.Ct. 775. Licensing schemes that do not cabin a licensor’s discretion raise the specter of censorship even in laws, like the Street Use Ordinance, that are facially content-neutral. Id. (“Where the licensing official enjoys unduly broad discretion ... there is a risk that he will favor or disfavor speech based on its content.”); City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 757, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988). A permit requirement that gives its licensor boundless discretion encourages speakers like Plaintiffs to censor themselves, rather than take the risk that the licensor will censor them. Plain Dealer, 486 U.S. at 757, 108 S.Ct. 2138. That danger is present “even if the [licensor’s] discretion and power are never actually abused.” Id. Standards that limit a li-censor’s discretion “eliminate this danger by adding an element of certainty fatal to self-censorship.” Id. at 758, 108 S.Ct. 2138. Limitless discretion also permits a licensor to disguise censorship, making it difficult to distinguish, in any individual case, “between a licensor’s legitimate denial of a permit and its illegitimate abuse of censorial power.” Id. A licensing scheme that properly limits a licensor’s discretion “provide[s] the guideposts that check the licensor and allow courts quickly and easily to determine whether the licensor is discriminating against disfavored speech.” Id. Absent those guideposts, the licensor can employ “post hoc rationalizations,” or use “shifting or illegitimate criteria,” thus “making it difficult for courts to determine in any particular case whether the licensor is permitting favorable, and suppressing unfavorable, expression.” Id.
1. Plaintiffs, Who Have Never Applied for a Permit, Can Facially Challenge the Street Ordinance’s Grant of Discretion to SDOT.
The censorial concerns that animate the inquiry into whether a permit scheme confers too much discretion also allow parties like Plaintiffs to mount a facial attack on the permit scheme. Here, the City does not dispute that Plaintiffs can take advantage of “special standing principles [that] apply in First Amendment cases.” Santa Monica Food Not Bombs v. City of Santa Monica, 450 F.3d 1022, 1033 (9th Cir.2006). Ordinary standing principles would require Plaintiffs to demonstrate that SDOT had denied one of their permit applications, allowing them to bring an as-applied challenge to that denial. But a person who self-censors in response to a licensing scheme will never apply for a permit, and even a plaintiff who sues to challenge the denial of a permit application will have difficulty proving censorship in an as-applied challenge where no standards control the licensor’s discretion. Plain Dealer, 486 U.S. at 758-59, 108 S.Ct. 2138. For that reason, a “facial challenge lies whenever a licensing law gives a government official or agency substantial power to discriminate based on the content or viewpoint of speech .... ” Id. at 759, 108 S.Ct. 2138. That is true even in cases like this one, where Plaintiffs have never applied for a permit for tabling. Santa Monica Food Not Bombs, 450 F.3d at 1034. Indeed, a facial challenge lies even in cases, like this one, where there is no evidence that the City has ever denied a permit application. Kaahumanu v. Hawaii 682 F.3d 789, 807 (9th Cir.2012) (invalidating grant of discretion even though the “discretionary power ... ha[d] never been exercised”).
A facial challenge to a licensor’s discretion requires only a plaintiff whose conduct falls within the scope of a law granting licensing discretion and a law with a close enough nexus to expression or expression-related conduct to pose a substantial threat of censorship. Long Beach Area Peace Network v. City of Long Beach, 574 F.3d 1011, 1020 (9th Cir.2009). There is no dispute that Plaintiffs’ tabling falls within the scope of the Street Use Ordinance’s permit requirement. That suffices to establish their Article III standing. Id. at 1020. That leaves only the prudential concern about the nexus between the permit requirement and protected expression. Although the permit requirement applies to much conduct (construction, sidewalk cafes, building transportation, and more) that is not expressive, it also expressly targets expressive conduct, including the placement of signs, the use of sound amplifiers, newsstands, and more. See S. Or. Barter Fair v. Jackson County, 372 F.3d 1128, 1135-36 (9th Cir.2004) (allowing facial challenge to licensing law that was “broad enough to cover gatherings that are expressive”). Precedent permitting a facial challenge to a licensor’s unfettered discretion typically considers ordinances and statutes more narrowly focused on expressive activity. In Plain Dealer, for example, the Court considered only an ordinance requiring a permit to place a newsstand on public property. 486 U.S. at 760, 108 S.Ct. 2138 (noting that licensing scheme was “directed narrowly and specifically at expression or conduct commonly associated with expression”); see also Long Beach Area Peace Network, 574 F.3d at 1019-20 (permitting facial challenge to ordinance regulating mass gatherings); Kaahumanu v. Hawaii 682 F.3d 789, 802 (9th Cir.2012) (permitting facial challenge to law granting licensing discretion for weddings on public beaches). In another case, the court might be forced to decide whether the Street Use Ordinance’s broad scope, which sweeps in much conduct that is categorically not expressive, makes its permit requirement immune to a facial challenge. In this case, however, the City does not contest that Plaintiffs may facially challenge the licensing discretion that the Street Use Ordinance confers on SDOT.
Plaintiffs do not, however, have standing to bring a facial challenge to the permit requirement to the extent it delegates discretion to an entity other than SDOT. The Street Use Ordinance delegates licensing power to at least three City departments: SDOT, the Department of Parks and Recreation, and the Department of Planning and Development. SMC 15.04.015. Although Plaintiffs have sued the head of each of those departments, there is no evidence that Plaintiffs engage in conduct that would require a permit from any agency except SDOT. The Department of Planning and Development appears to have authority solely over permits relating to construction and tree removal.. SMC 15.04.015(A). The Department of Parks and Recreation can issue street use permits in Seattle parks, including permits for expressive activity, SMC 15.04.015(C), but there is no evidence that Plaintiffs wish to engage in tabling in parks. There is no indication (other than naming other department heads as Defendants) that Plaintiffs wish to challenge the authority of any agency other than SDOT. Even if that were not the case, there is no evidence before the court as to any other agency’s interpretation of the permit requirement. The court thus considers only a facial challenge to the permit requirement as SDOT implements it.
2. The Court Considers the Permit Requirement as Described in the Ordinance and Standards.
To determine the limits on SDOT’s discretion to issue permits, the court must consider the Street Use Ordinance and SDOT’s binding interpretation of the Ordinance in the Standards. Forsyth County, 505 U.S. at 131, 112 S.Ct. 2395 (directing courts to consider the government’s “authoritative constructions” of an ordinance); Plain Dealer, 486 U.S. at 770, 108 S.Ct. 2138 (directing courts to consider “binding judicial or administrative construction” of an ordinance). The court must also consider SDOT’s “implementation and interpretation” of the permit requirement, Forsyth County, 505 U.S. at 131, 112 S.Ct. 2395, as well as its “well-established practice,” Plain Dealer, 486 U.S. at 770, 108 S.Ct. 2138. The court begins with the sole documents that govern SDOT’s discretion: the Ordinance and Standards.
With one exception, both the Ordinance and Standards trumpet SDOT’s unlimited discretion to make permit decisions. The Ordinance and Standards declare that in the general case, SDOT is under no mandate to grant permit applications or even to issue a decision on them. SMC 15.02.100 (“Issuing permits under Title 15 is discretionary; Title 15 does not create any right to a permit.”); Standards § 6.1 (“Decisions to issue or deny applications for permits are within the discretion of the Department.”). Although the Ordinance declares that SDOT “shall examine each application for a permit for compliance with Title 15,” SMC 15.04.030(A), almost nothing mandates that SDOT do anything else. SDOT “may approve the application,” SMC 15.04.035(A), but there is no mandate that it do so, even for an application that meets all requirements of Title 15. The Ordinance specifies a host of “[factors for consideration in evaluating an application,” including the rights of nearby property owners, travel and transportation concerns, impact on public safety, environmental impact, and similar concerns. SMC 15.04.035(C). But those considerations are not exclusive, and SDOT may consider any additional factors it prefers. Id. (“Factors for consideration ... include, but are not limited to” enumerated factors). The Standards are even looser, stating only that in “exercising [its] discretion ... SDOT “may evaluate the application in light of’ specified factors.”
The only express limitation on SDOT’s discretion to grant, deny, or issue no decision on a permit application comes in a portion of the Standards that acknowledges that SDOT’s “discretion in making ... [permit] decisions may be limited under certain circumstances.” Standards § 6.4. When a proposed use would “unreasonably interfere” with the public’s use of a place, would exceed the public’s easement on adjoining private property, or would violate City law or policy, SDOT must deny a permit. Standards § 6.4.1. In addition, SDOT “may, under certain circumstances, be required to issue a permit {e.g.[,] if the First Amendment requires issuance of a particular permit).” Standards § 6.4.2. The court will soon consider the latter provision, which it will call the “First Amendment Savings Clause” or “Savings Clause.” For the moment, the Savings Clause serves only to emphasize that when it is not at issue, SDOT has boundless discretion to deny permit applications.
SDOT also invites the court to consider an alternate version of the permit requirement that Mr. DePlace describes in his declaration. Mr. DePlace’s version mirrors the Ordinance and Standards in that SDOT permit staffers consider a list of content-neutral standards compiled from the Ordinance and Standards. DePlace Deck ¶¶ 11-18. But Mr. DePlace’s version also contain limits found nowhere in the Ordinance or Standards. Whereas the Ordinance and Standards mandate approval of a permit application only when the First Amendment requires approval, Mr. De-Place declares that if an SDOT “Permit Specialist determines that a proposed use ... can be accommodated at a specific location, the permit will be granted.” De-Place Decl. ¶ 19 (emphasis added). Whereas the Ordinance and Standards require no explanation when SDOT denies a permit, Mr. DePlace declares that if a “proposed use cannot be accommodated, and no alternatives are acceptable, the permit applicant will receive a written denial from [SDOT] that sets forth the reasons for the denial.” DePlace Deck ¶ 20.
This might be a different case if the court could rely on the version of the permit requirement that Mr. DePlace describes. He describes a permit scheme where permits are mandatory, provided that the permit application meets a series of what appear to be objective criteria. Whereas the Standards and Ordinance describe a permit scheme where SDOT’s boundless discretion to deny applications gives way only when the First Amendment demands otherwise, Mr. DePlace describes a permit scheme where SDOT has no discretion at all, except perhaps in proposing alternative locations when it cannot accommodate the applicant’s proposed locations. DePlace Deck ¶ 18. Whereas the Standards and Ordinance allow SDOT to pocket or deny a permit application without explanation, Mr. DePlace assures the court that SDOT will provide a written explanation for any denial, thus enabling effective administrative and judicial review. See SMC 15.04.112 (allowing applicant to request that SDOT’s Director review an adverse permit decision); SMC 15.02.090 (allowing applicant asserting First Amendment rights to seek review of adverse permit decision in Seattle Municipal Court).
The court cannot rely on Mr. De-Place’s description of SDOT’s implementation of the Street Use Ordinance’s permit requirement. That is not because the court doubts the veracity of his description. Indeed, in considering whether to grant summary judgment to Plaintiffs, the court is compelled to accept Mr. DePlace’s uncontradicted evidence. The reason that the court cannot rely on his description is that there is no evidence that the public can access it. As the court has noted, one of the reasons that permit schemes that confer too much discretion are invalid is that they promote self-censorship. Rather than chance a censorial decision, a speaker subject to the permit requirement may either modify his speech or forego it entirely. Plain Dealer, 486 U.S. at 757-58, 108 S.Ct. 2138. What value then, is a permit requirement that at licensing official like Mr. DePlace keeps to himself? Plaintiffs, like any person considering applying for a permit for expressive conduct within the scope of the Street Use Ordinance, can rely on the Ordinance and Standards. This litigation illustrates that prospective applicants cannot rely on Mr. DePlace’s version of the permit requirement. After months of litigation, including a deposition of Mr. DePlace in which he did not mention his version of the Permit requirement, Plaintiffs filed a motion for summary judgment challenging the permit requirement described in the Ordinance and Standards. That led to a cross-, motion from the City that included, for the first time, the permit requirement as Mr. DePlace describes it. The court therefore concludes that it cannot rely on Mr. De-Place’s description as evidence of a “well-established practice” defining the permit requirement. See Plain Dealer, 486 U.S. at 770, 108 S.Ct. 2138. Although a court may consider the government’s “implementation and interpretation” of a permit requirement, Forsyth County, 505 U.S. at 131, 112 S.Ct. 2395, this court will not uphold a statute based on evidence of interpretation or implementation that is not available to the public. If the City wishes to supplement the permit requirement of the Ordinance and Standards with the permit requirement Mr. DePlace describes, it must make that decision apparent to the public.
3. The Permit Requirement in the Ordinance and Standards Confers Unduly Broad Discretion on SDOT to Deny Permit Applications.
The Ordinance and Standards contain none of the hallmarks of laws that courts have found provide adequate guideposts for discretion in granting or denying permits. Those laws make the issuance of permits mandatory, except in reasonably specific circumstances. E.g., Thomas, 534 U.S. at 318-19 & n. 1, 122 S.Ct. 775 (ordinance required officials to grant or deny permit and to deny permits only for enumerated reasons); Long Beach Area Peace Network, 574 F.3d at 1026 (“The City Manager ‘shall’ grant a permit for a special event if certain criteria are satisfied.”); Santa Monica Food Not Bombs, 450 F.3d at 1028 (“[T]he Community Events Committee shall issue a permit if certain enumerated criteria are met.”) (internal quotation omitted, emphasis in Santa Monica Food Not Bombs); Kaahumanu, 682 F.3d at 804 (“DNLR has no discretion to deny a registration if the applicant fills out the form and submits proof of insurance.”). The Ordinance and Standards mandate issuance of a permit, if at all, only to the extent that the First Amendment Savings Clause mandates issuance of a permit.
Constitutional ordinances tend to require the government to explain the denial of a permit, which promotes effective judicial review for a disappointed applicant. E.g., Thomas, 534 U.S. at 319, 122 S.Ct. 775; Long Beach Area Peace Network, 574 F.3d at 1028 (ordinance required “written explanation for a decision that impose[d] conditions on the permit”). One of the considerations leading to the invalidation of a Seattle parade permit requirement was that it required no explanation of a decision to move a parade from a street to the sidewalk, thus leaving no “decision-making trail for [a court] to review .... ” Oct. 22 Coalition to Stop Police Brutality v. City of Seattle, 550 F.3d 788, 800, 802 (9th Cir.2008).
Also relevant is that the Ordinance and Standards place no time limit on processing permit applications. The court does not question evidence that SDOT aspires to process applications quickly, and that an applicant for a use like Plaintiffs’ tabling could receive a permit on the same day she applied, although it might take up to 48 hours. DePlace Decl. ¶ 23; DePlace depo. at 19, 44-45. What is missing is evidence that a permit applicant would know that SDOT aspires to decide permit applications quickly, which again raises the risk of self-censorship. Constitutional ordinances tend to place time limits on a permit decision. E.g., Thomas, 534 U.S. at 318, 122 S.Ct. 775 (ordinance required officials to issue permit decision in 14 days, with an option for a 14-day extension with notice to applicant); Long Beach Area Peace Network, 574 F.3d at 1026 (permit scheme required 60 days advance notice for events not involving expressive activity, between 3 and 10 days for expressive activities, and no permits at all for “spontaneous” expressive activity “occasioned by events coming into public knowledge within five days of the event”); Santa Monica Food Not Bombs, 450 F.3d at 1028 (ordinance “spell[ed] out the timing of the review process”); Kaahumanu, 682 F.3d at 804 (permits issued “immediately online” to registered applicants after payment of fee and submission of details). A time limit is not a mandatory component of constitutional permit requirement. S. Or. Barter Fair, 372 F.3d at 1138 (holding that a content-neutral permit requirement “need not include ... a deadline for consideration by the governing body”). The lack of a time limit for informing a permit applicant of a licensor’s decision is nonetheless a relevant consideration in assessing the breadth of that licensor’s discretion.
The permit requirement of the Ordinance and Standards shares flaws with permit requirements that courts have invalidated. The state law in Kaahumanu, for example, did not confer too much discretion in granting or denying permits, 682 F.3d at 805, but it granted unfettered discretion in revoking permits or adding conditions to them. Id. at 805 (ordinance declared that a “permit is revocable at anytime for any reason in the sole and absolute discretion of the [licensing official]”), at 806 (ordinance allowed official to “impose additional] terms and conditions as it deems necessary or appropriate”). Even though there was “nothing in the record to indicate that [licensing officials] had ever used [their power] to favor some speakers and suppress others,” and even though “the discretionary power reserved in [those clauses] ha[d] never been exercised,” the court held them unconstitutional because the “potential for the exercise of’ the unbounded discretionary power existed. Id. at 807. The discretion that the Street Use Ordinance grants to SDOT in granting or denying permits, like the discretion in Kaahumanu to revoke or condition permits, is unbounded. In Long Beach Area Peace Network, the court considered a clause that allowed a city council to fund or waive the application and service fees required for event permits. 574 F.3d at 1041. The court struck down that provision because “the lack of specific articulated bases for making this decision compels the conclusion that the City Council has unbridled discretion.” Id. at 1043. Although the Street Use Ordinance lists some factors for SDOT’s consideration, SDOT can make the decision at its whim based on any unenumerated factors it prefers. The ordinance that the Plain Dealer Court invalidated allowed a town’s mayor to issue permits for placement of newsstands on public property with several mandatory conditions, as well as “other terms and conditions deemed necessary and reasonable by the Mayor.” Id. at 754 n. 2, 108 S.Ct. 2138. The Court struck the ordinance down because it “contain[ed] no explicit limits on the mayor’s discretion.” Id. at 769, 108 S.Ct. 2138. The court finds no more limits on SDOT’s discretion in this case.
None of the considerations the court has just described are dispositive, they are instead the “totality of the factors” that permit the court to “assess wither this Ordinance contains adequate safeguards to protect against official abuse.” Oct. 22 Coalition to Stop Police Brutality, 550 F.3d at 799. Based on those factors, the court concludes that the Ordinance and Standards do not sufficiently confine SDOT’s discretion to deny permits. What remains is for the court to decide whether the First Amendment Savings Clause provides the guidelines for discretion that are missing from the remainder of the Ordinance and Standards.
4. The First Amendment Savings Clause Contains an Illusory Mandate That Does Not Generally (If Ever) Displace SDOT’s Undue Discretion to Deny Permit Applications for Expressive Conduct.
The Standards’ First Amendment Savings Clause declares that in applications for permits for expressive activity, SDOT’s otherwise broad discretion gives way to an apparent mandate to issue a permit where the First Amendment requires it. Standards § 6.4.2. A close examination, however, reveals that the Savings Clause contains no mandate, or at least no mandate that suffices to limit SDOT’s discretion.
To begin, the permit applicant must inform SDOT if it “contends that the First Amendment requires issuance of the requested permit ...Standards § 6.4.2. The court observes that the permit application in the record does not inform any applicant of this requirement. The court does not decide, however, whether SDOT may delegate to applicants its obligation to justify any infringement on speech. See Berger v. City of Seattle, 569 F.3d 1029, 1048 (9th Cir.2009) (noting that government bears the burden to justify time, place, and manner restrictions); Comite de Jornaleros v. City of Redondo Beach, 657 F.3d 936, 944 (9th Cir.2011) (noting general First Amendment principle that government bears burden of justifying a restriction on free speech). Instead, the court points out that it is difficult, if not impossible, to determine what SDOT means by a permit whose issuance the First Amendment mandates. The Street Use Ordinance does not target expression, it targets conduct associated with expression. In some instances, the government may entirely prohibit conduct associated with expression. The court has already pointed out the possibility that a ban on tabling would pass constitutional muster. Compare ACLU v. City of Las Vegas, 466 F.3d at 800 n. 18, with Int’l Caucus of Labor Committees v. City of Montgomery, 111 F.3d 1548, 1550 (11th Cir.1997). So in what circumstances is a permit for tabling constitutionally required? The Ordinance and Standards offer no assistance in answering that question. More important than the answer, at least in this case, is an explanation of how SDOT would decide that a permit is constitutionally required, thus triggering the First Amendment Savings Clause.
Putting aside questions about the City’s authority to ban some expression-related conduct entirely, permit schemes that impinge on expression are constitutional (within limits) because content-neutral considerations frequently allow a city to deny permit applications or impose conditions on them. The search for circumstances in which a permit is “constitutionally required” is thus likely to be an elusive one. For example, in Anderson v. City of Hermosa Beach, 621 F.3d 1051, 1060 (9th Cir.2010), the court held that a city’s ban on tattooing was not a permissible time, place, and manner restriction. But that is a far cry from holding that a city must grant every permit for a tattoo parlor. A host of considerations might allow a city to deny a prospective tattooist’s business license, whereas others might not. A hypothetical ordinance declaring that a city “has discretion to issue business licenses, but shall grant licenses when the First Amendment requires it” does not describe limits on the city’s discretion; it begs the question of what those limits are.
The First Amendment Savings Clause is not materially different from the hypothetical licensing scheme the court just described. That is so not only because of its circular permits-required-when-the-First-Amendment-requires-them language, but because the directions that follow that language offer no answer as to when the First Amendment requires anything. The Savings Clause requires a permit applicant to satisfy a “threshold burden” to show that her proposed use is entitled to constitutional protection by making one of three showings:
a. The proposed “use” is itself a constitutionally protected activity;
b. The proposed use is inextricably intertwined with a constitutionally protected activity, such that the activity and the proposed use are inseparable and whatever constitutional protections which are afforded the activity must be extended to the use; or,
c. In order to engage in the constitutionally protected activity, it is reasonably necessary to engage in the proposed use (i.e.[,] the applicant cannot engage in the constitutionally protected activity without also engaging in the proposed use of the public place).
Standards § 6.4.2. Plaintiffs could presumably make the first showing, given the Ninth Circuit’s holding that tabling is constitutionally protected when it “facilitate^] the dissemination of First Amendment speech.” ACLU v. City of Las Vegas, 466 F.3d at 799. What then? The Standards direct SDOT to consider the circumstances listed in § 6.4.1 that mandate the denial of a permit as well as the interests of any private owner of the public place. Standards § 6.4.3. If those circumstances are in play, SDOT can “attempt to identify reasonable alternative(s),” considering the factors listed in Standards § 6.2, and can issue an alternate permit if it identifies a reasonable alternative. Standards § 6.4.3. The court assumes, purely for the sake of argument, that somewhere in that maze of regulation is a viable standard for the exercise of SDOT’s discretion in the circumstances described in § 6.4.3. The Standards are silent as to SDOT’s discretion in any other circumstances, and thus contain no mandate in any other circumstances.
Imagine, for example, that Plaintiffs applied for a permit to use a downtown sidewalk unquestionably large enough to accommodate their table and pedestrian traffic on a day and time where there was no competing use and no concern from,an adjacent landowner. Imagine further that they somehow modified SDOT’s permit application form to declare their belief that the First Amendment required a permit in this instance, and that SDOT decreed that they met the “threshold burden” identified in Standards § 6.4.2. Then imagine that SDOT determined that none of the considerations identified in § 6.4.3 weighed in favor of proposing a “reasonable alternative.” What then? The Standards are utterly silent. They neither mandate nor prohibit any course of action. Although the Standards purport to create guideposts that apply when First Amendment concerns are in play, the only guideposts they create are for proposing “reasonable alternatives” to a permit applicant’s proposed use. The court need not decide whether those guideposts are adequate in the limited circumstances in which they apply. The absence of a mandate that applies in other circumstances is fatal to the Ordinance’s permit scheme.
The court has focused on the First Amendment Savings Clause, because it is the only portion of the Ordinance and Standards that attempts to explicitly limit SDOT’s discretion to deny permits. The Savings Clause is perhaps SDOT’s effort to comply with the Ordinance’s command that it “shall be interpreted in a manner consistent with the First and Fourteenth Amendments to the United States Constitution .... ” SMC 15.02.027. Other aspects of the Ordinance and Standards acknowledge that different rules might apply for conduct to which the First Amendment applies. SDOT “shall suspend the application of any particular section of the [Ordinance] or waive compliance with a requirement” of the Ordinance when “required by the United States Constitution or the Washington . Constitution _” SMC 15.04.017. The Ordinance requires SDOT to “maintain a record open for public inspection disclosing the suspensions and waivers granted,” id., but that record, assuming it exists, is not part of the record in this case. Although the court does not doubt Defendants’ commitment to applying the Street Use Ordinance’s permit requirement constitutionally, that commitment has not translated to adequate publicly-disclosed limits on SDOT’s discretion to deny permits. Absent those limits, the court cannot presume that the City or SDOT will exercise their discretion in good faith. Plain Dealer, 486 U.S. at 770, 108 S.Ct. 2138.
D. The Court Declines to Resolve the Parties’ Other Disputes about the Permit Requirement.
For the reasons stated above, the court rules that the permit requirement of the Street Use Ordinance, as SDOT administers it, is facially invalid because it confers overly broad discretion to deny permits.
That ruling makes it unnecessary to reach aspects of the parties’ motions that depend on a valid permit requirement. For example, the court will not address the constitutionality of the Street Use Ordinance’s $1 million liability insurance requirement, either on its face or as applied to Plaintiffs. SMC 15.04.045; DePlace Deck ¶ 7 & Ex. 2; DePlace depo. at 22-24. The insurance requirement applies only to permittees and thus does not apply without a permit requirement. SMC 15.04.045. For the same reason, the court will not reach Plaintiffs’ motion to strike evidence Defendants submitted to address the availability of insurance for political action committees. The court also need not decide whether the Ordinance’s grant of discretion to waive the insurance requirement (SMC 15.04.037(B)(7)) is, like the permit requirement in which it is embedded, a grant of undue discretion to SDOT. The court observes that SDOT has not “typically” granted waivers, if it ever has. De-Place depo. at 25.
Similarly, Plaintiffs’ objection that the Ordinance places no limit on how long SDOT takes to decide a permit application is moot where no permit requirement applies. The same is true of Plaintiffs insistence that the permit requirement must contain an exception for instances in which Plaintiffs want to table in rapid response to current events.
The foregoing challenges, which Plaintiffs raise on an as-applied basis, would require the court to assess Plaintiffs’ standing to bring them in light of their failure to apply for a permit. If Plaintiffs could establish standing, the court would assess whether these aspects of the permit requirement are narrowly tailored and whether they leave open alternate avenues for communication. But because the Ordinance and Standards give SDOT unduly broad discretion to deny permit applications, the court need not reach those issues. See Oct. 22 Coalition to Stop Police Brutality, 550 F.3d at 798 (“If the Ordinance delegates overly broad discretion to police officials, we need not determine if it satisfies the remaining components of the [time, place, and manner] test.”).
IV. ADDITIONAL PROCEEDINGS
If the court incorporates today’s ruling into a final judgment, it will likely have consequences broader than anyone prefers. Plaintiffs hope to protect themselves and speakers like them from the prospect of content-based discrimination; the court presumes that no one hopes to demolish a permit system for street and sidewalk uses that raise no First Amendment concerns. Certainly the court does not relish issuing a ruling that would potentially allow, for example, any landowner to erect a barricade to keep pedestrians off a sidewalk abutting her property. As the court has noted, there are permit requirements in the Street Use Ordinance that are not at issue in this suit, but the court has no comprehensive picture of the activities subject to those requirements.
For the time being, no one has asked for a final judgment. Perhaps that is because the cross-motions do not address Plaintiffs’ request for a permanent injunction or their claim that the Street Use Ordinance violates the Washington Constitution. Perhaps that is because the parties have not addressed whether there is any basis to include the heads of the Parks Department and Department of Planning and Development as Defendants. In any event, the parties must address how to bring this action to judgment. The court therefore orders as follows:
1) No later than March 12, 2015, the parties shall meet and confer as to their preferences for bringing this action to judgment. The parties shall discuss at least the following topics:
a) their preferences' for resolving Plaintiffs’ Washington Constitution claim and their request for a permanent injunction;
b) whether a final judgment can issue against the Superintendent of Parks and Recreation and the Director of the Department of Planning and Development;
c) whether the parties believe that there are any factual disputes that necessitate a trial;
d) whether Defendants wish to delay judgment in this case while they develop a new ordinance or binding interpretation of the current Ordinance that establishes guideposts for SDOT’s discretion, and, if so, whether Plaintiffs object;
e) whether there is any basis to sever the permit requirement such that the court’s ruling today applies only to expressive conduct; and
f) whether preliminary injunctive relief is appropriate in the event that a final judgment will not issue promptly.
2) No later than March 23, 2015, the parties shall submit a joint statement that addresses their agreements and disagreements as to the issues the court just listed.
V. CONCLUSION
For the reasons stated above, the court GRANTS Plaintiffs’ motion for summary judgment (Dkt. #21) in part and DENIES Defendants’ motion (Dkt. # 25). The parties shall comply with the order in Part IV.
. Plaintiffs previously agreed to dismiss their claims regarding a City ordinance the applies only to vendors, as well as their request that the court give collateral estoppel effect to a City hearing examiner’s ruling on the City’s attempt to enforce that ordinance against Plaintiffs. Dkt. #19.
. The transcript of Mr. DePlace’s deposition is Exhibit 3 to the declaration of Plaintiffs' counsel. Levy Deck (Dkt. # 23).
. Larger demonstrations, including those that are "reasonably expected to cause or result in more than fifty (50) people gathering in a park or other public place,” SMC 15.52.005(A)(1)(a), are subject to a portion of the Street Use Ordinance governing "Crowd Control Events.” Standards § 4.3.4, § 4.4; SMC Ch. 15.52. Regulation of Crowd Control Events is not at issue in this case.
. Mr. DePlace declares that some requirements relevant to SDOT's approval of permit applications are contained within a chapter of its “Right of Way Improvements Manual.” DePlace Decl. ¶ 11 & Ex. 4. Although the court has no reason to doubt Mr. DePlace, neither he nor the City cites a single provision of this 85-page chapter, which appears to be devoted to describing specifications for long-term changes to Seattle's public rights-of-way. The court does not further consider the Right of Way Improvements Manual.
. The Ordinance attempts to dispel any confusion about its use of the words "may” and "shall”:
Unless the context clearly indicates otherwise, the word “may” or “is authorized to” means that the City or its official has discretion to take an action or decline to do so. The word "shall” expresses an intention that an action be taken or a requirement be met, but if the sentence is negative, "shall” is prohibitory.
SMC 15.02.035.
. Defendants emphasize that Plaintiffs have an obvious alternative for communicating their messages — they can engage pedestrians and distribute pamphlets without the use of a table and without need for a permit. The existence of permit-free speech alternatives is, however, not a basis to overlook a grant of overbroad discretion in issuing permits. See Oct. 22 Coalition to Stop Police Brutality, 550 F.3d at 796 (rejecting suggesting that a facial challenge is unavailable where a licensing scheme guarantees access to another forum for speaking). Were it otherwise, the city in Plain Dealer could have salvaged its discretionary newsstand licensing scheme merely by noting that publishers could distribute newspapers by hand.
| CASELAW |
Talk:2007 NBA betting scandal/GA1
GA Review
The edit link for this section can be used to add comments to the review.''
I think the lead is a bit small. Other than that, I think it looks good. So, I am putting this on hold for now. As soon as the lead is expanded, I will pass it.— Chris! c t 22:28, 21 May 2009 (UTC)
* I went and expanded it. Not great, but it works. Wizardman 19:02, 6 June 2009 (UTC)
* Thanks, pass.— Chris! c t 03:01, 7 June 2009 (UTC) | WIKI |
What Happened in the Stock Market Today
Image source: Getty Images.
Stocks opened in the red on Monday and never made it into positive territory during the first trading session of the fourth quarter. The Dow Jones Industrial Average (DJINDICES: ^DJI) and the S&P 500 (SNPINDEX: ^GSPC) indexes finished with minor losses, though, of less than 0.5%.
Today's stock market:
Data source: Yahoo! Finance.
Further gains in the U.S. dollar helped push the price of gold lower, and that put pressure on VanEck Vectors Gold Miners ETF (NYSEMKT: GDX) , which fell by just under 2%. The United States Oil Fund LP (NYSEMKT: USO) also saw heavy trading as it ticked up by 1% to cut its year-to-date losses to below 6%.
As for individual stocks, Tesla (NASDAQ: TSLA) and Cabela's (NYSE: CAB) made notable moves higher on Monday.
Tesla ramps up production
Tesla shares jumped 5% after the electric car manufacturer posted its third-quarter production and delivery metrics while providing updated guidance for the full year. The company delivered 24,500 vehicles during the quarter for a 70% boost over the prior quarter's pace and a 111% increase over last year's Q3 . Tesla said investors can consider that delivery figure to be "slightly conservative," given that it does not include the 5,500 vehicles that were in transit to customers but had not yet been physically transferred. These numbers will make it into the fourth quarter's results.
Image source: Tesla.
The delivery figures showed continued healthy demand for both Tesla's Model S and Model X vehicles. Model S sales rose to nearly 16,000 from 9,800 in the second quarter, and Model X sales jumped to 8,700 from 4,600.
Tesla also made important strides in boosting its manufacturing pace, which is critical to both sales gains and gross profitability. Production rose by 37% to pass 25,000 units, putting the company on pace to hit CEO Elon Musk's goal of 50,000 vehicles over the final six months of 2016. Tesla's statement didn't include updates on whether the company reached profitability and/or positive cash flow in the quarter. For those details, shareholders will have to wait for the company's full Q3 results due out in early November.
Cabela's accepts a buyout
Hunting, fishing, and camping retailer Cabela's saw its stock spike 15% following news that it is being taken off of public markets. The company agreed to a buyout from privately held Bass Pro Shops, which offered $5.5 billion for its network of 85 specialty retail shops to roughly double its store footprint.
Image source: Cabela's.
"Having undertaken a thorough strategic review, during which we assessed a wide variety of options to maximize value," Cabela's CEO Tommy Millner said in a press release, "the Board unanimously concluded that this combination with Bass Pro Shops is the best path forward for Cabela's, its shareholders, outfitters and customers."
Millner stressed the fact that the buyout delivers significant liquid returns to shareholders. In fact, owners of the stock are looking at a nice 200% price appreciation over the last five years -- for more than double the return of the broader market. That's not a bad result, given that last quarter marked Cabela's first quarter of positive comparable-store sales growth in three years.
Shareholders can expect to receive $65.50 in cash at the close of the transaction, which should happen sometime in the first half of 2017. Given that the two management teams are on board for the transaction, it looks like a done deal, so investors might want to consider selling their shares and putting that cash to work elsewhere.
A secret billion-dollar stock opportunity
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Demitrios Kalogeropoulos owns shares of Tesla Motors. The Motley Fool owns shares of and recommends Tesla Motors. Try any of our Foolish newsletter services free for 30 days . We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy .
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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 |
Paid Notice: Deaths SHERIDAN, ROBERT E.
SHERIDAN-Robert E. Died peacefully on December 7. He was an editor with AP/ Dow Jones for 35 years and one of the editors that founded Dow Jones Newswire. He served as president of the New York Financial Writers Association, president of the Deadline Club and treasurer of the Overseas Press Club. He is survived by wife Susan, sister Mary Sheridan, nieces, nephews, grandnieces and grandnephews, and lifelong friends Albert and Amy Geppes and family. A gathering of remembrance will be held on Saturday, Dec. 21, 12 noon at his home, 7 Stone Drive, Westport, CT. Memorial contributions may be made to a library of choice. | NEWS-MULTISOURCE |
User:ThePantherSun
Hi! I am ThePantherSun! Glad to see you all here!
🖍️
My Meta account https://meta.wikimedia.org/wiki/User:ThePantherSun
My Wikipedia account https://en.wikipedia.org/wiki/User:ThePantherSun_RULES! (Killed by Bbb23, my IP is also killed.)
My Commons account https://commons.wikimedia.org/wiki/ (almost killed by BOTSWANA!)
At least I still can edit on Wikinews!!! | WIKI |
Allegheny City versus Moorehead et al.
1. Killbuck in 1806 applied to the Land Office for an island at the head of the Ohio river; he proceeded no further and no warrant was issued. In 1832 the island was carried away by a flood, leaving only a sand bar: Held, that although this prevented a grant of the ground under the land laws, it did not prevent a grant by special law.
2. In the location of a body of land for the benefit of soldiers the Commonwealth reserved 3000 acres on the east and north of the Ohio and Allegheny rivers, and directed it to be laid out in lots for a town (afterwards Allegheny City) ; some of the lots abutted on the north side of a street called Bank lane, “ as it runs by the courses of the riverHeld, that the title of the lot-owners to the soil did not cross the street to the river.
3. The interest of the lot-owners south of the north line of the street was but an easement in common with all others in the use of the street, which was bounded by the water line.
4. The water highway began at the water line and the public right was such only as could be claimed by all for navigation and other purposes.
5. The street was widened by deposits by the owners of the lots and by the city and was widened by the city to a defined width; this was not as an accretion by gradual doposits or as an enlargement by dereliction of the water.
6. The channel between the island and Allegheny City became so filled as to be useless as a highway, unless in high water ; the land lying between the natural low-water line of the island and Bank lane belonged to the Commonwealth.
7. The Act of April 16th 1858, under which commissioners were appointed to fix the water lines in the Ohio and Allegheny rivers, enacted that “ all riparian rights now vested in the state lying between high-water lines and the river shall be vested in the corporations in which the same shall be:” Held, not to be a grant of the soil.
8. The Act of 1858 could not operate so that the commissioners in running out the low-water line on the northern shore could include part of Killbuck island.
9. The object of the Act of 1858 was not to transfer titles, but to mark the boundaries of riparian rights and make them certain and permanent in their extent.
10. An object of the Act of 1858 was to regulate the right of navigation along the shores, by fixing high- and low-water lines, which would definitely determine the extent of the exercise of the right to which the owners of land could exercise their own right under the law of the state.
11. The extension of the low-water line of the northern shore over a part of the former site of the island did not pass the title of the Commonwealth in the intermediate channel or to the bars and sand banks within the lines, or in the soil of Bank lane, to the owners of the lots on that street, nor to any one else.
12. The title of an act was “ To perfect the title to Killbuck island * * * and directing the surveyor-general to issue a patent therefor the land described in the act covered more than the island. In ejectment for the land mentioned in the act, the recovery was for less than Killbuck island : Held, that the act was constitutional, at least for the extent of the recovery.
13. Allegheny County Home’s Case, 27 P. F. Smith 71; Dorsey’s Appeal, 22 P. F. Smith 192; Poor v. McClure, 27 P. F. Smith 214; Wainwright v. McCullough, 13 P. F. Smith 66; Zug v. Commonwealth, 20 P. F. Smith 138, adhered to.
November — 1875.
Before Agnew, C. J., Sharswood, Williams, Mercur, Gordon, Paxson and Woodward, JJ.
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875.
This was an action of ejectment, brought September 2d 1874, by James K. Moorehead and others against the city of Allegheny.
The premises are described in the writ as follows : — •
“All that certain tract of land lying, being, and situate at the head of the Ohio river, near to and adjoining the north bank thereof, being north and west of the ‘Point,’ in the city of Pitts-burg, formerly known as ‘ Killbuck ’ or ‘ Smoky island,’ and bounded and described as follows, viz.: Beginning at the angle or oend in Bank lane, as the same is laid down in the original plan of the borough (now city) of Allegheny, thence S. 14°, E. 60 perches, more or less, to the Allegheny river, on the south side of said island; thence down said river * * * (by various courses and distances without other description) to Bank lane and thence up Bank lane to the beginning.”
Killbuck island was situated at the confluence of the Allegheny river with the Ohio, lying near the northeastern shore and close to the territory, now Allegheny City; the main channel of the Allegheny and Ohio rivers being on the southward side of the island, between it and the city of Pittsburg ; the channel on the other side being almost filled, and incapable of being used at all except in times of high water.
The plaintiffs claimed under a patent (hereafter mentioned) granted in 1873, under a special Act of Assembly, for “Killbuck island,” describing the grant'by courses and distances. The main questions were whether the premises set out in the writ passed anything to the grantees, and if so, the extent of the grant.
By Act of March 12th 1783, 2 Sm. Laws 62, it was recited that by the Act of December 18th 1780, the certificates of depreciation given to the officers and soldiers of the Pennsylvania line, should be receivable at the Land Office equal to gold and silver in payment of the purchase-money of lands, and it was therefore enacted, for the more effectual complying with the intentions of that law, that there should be located a tract of land, beginning where the western boundary of the state crossed the Ohio river, thence up that river to Fort Pitt, thence up the Allegheny river to the mouth of the Mogulbughtiton (now Mahoning) creek, thence by a west line to the western boundary of the state, thence south by the said boundary to tbe place of beginning; reserving to the use of the state 3000 acres in an oblong, of not less than one mile in depth from the Allegheny and Ohio rivers, and extending up and down said rivers from opposite Fort Pitt so far as may be necessary to include the same.
This tract was called the “ Reserve tractit was surveyed in April 1785, under the direction of the surveyor-general; by Alexander McLean, and returned as containing 3025 acres and allowance.
By the Act of September 11th 1787, 2 Sm. Laws 414, reciting the foregoing act, it is enacted:—
Sect. 2. That the president or vice-president in council causó to be laid out and surveyed in town lots, with a competent and suitable number of out lots, for the accommodation thereof, in the said tract, and to cause to be laid out and surveyed the residue of tho said tract in lots, which last-mentioned lots shall not be less than one acre, nor more than ten acres each.
Sect. 3. * * That upon the return of such surveys, which are hereby directed to be made to the. president or vice-president in council, they shall and are hereby authorized to sell the whole of the said lots, as they shall think most to the advantage of the state, and to convey the same.
Sect. 4. * * That the president, or vice-president, in council, shall reserve out of the lots of the said town for the use of the state, so much land as they shall deem necessary for a court house, goal and market house, for places of public worship, and for burying the dead, and without the said town one hundred acres for a common pasture; and the streets, lanes and alleys of the said town and out lots shall be common highways forever; and that the sale of the said lots and out lots herein mentioned, or any of the said lots or out lots, shall be made in the town of Pittsburg, or in the City of Philadelphia, at the discretion of the council. * * *
In accordance with this act, a survey was made laying out the “ Reserve ” tract in lots. The town lots were laid out in the central part of the tract, 102 acres being set apart in an oblong shape for “ Commons and Burying Groundthe remainder of the tract was laid out in out lots ; they varied in size from a few acres to large farms. Streets were laid out, but no definite width was indicated on the plot. A street called “ Bank lane ” was laid out along the bank of the Allegheny and Ohio rivers ; no width of this street is given, but its north line is the south line of the lots next to the river. These lots are described in the patents and subsequent deeds as “ situate on Bank lane on the river (Ohio or Allegheny, as the case might be), beginning on said lane at, &c. (by various courses and distances), thence south, &c., to Bank lane aforesaid, thence along the said lane as it runs by the several courses of the river, &c., to place of beginning.”
The lots bounding on “ Bank lane ” in the proceedings of the Executive Council are spoken of as “ river lots.” At the time the “ Reserve ” tract was laid out, there was at or near the junction of the Allegheny river with the Ohio river, an island, afterwards known as “ Killbuck ” or “ Smoky islandit was in front of Bank lane (which was afterwards called “ South avenue”), and appears both in McLean’s plot and in the plot of the survey laying out the town lots on the “ Reserve” tract; it was not, however, part of that tract. The head of the island, as appears by McLean’s plot, was about opposite the “ Point” in Pittsburg at the junction of the Monongahela and Allegheny rivers. The title to it was in the Commonwealth ; at the time of the survey all islands in the Allegheny, Ohio and some other rivers, were reserved from public entry in the Land Office; they were to be disposed of by public sale. On the 27th of January 1806, an Act .of Assembly was passed (4 Sm. Laws 268) authorizing the officers of the Land Office, on due application, to issue warrants of survey for any island in the Ohio, Allegheny and Delaware rivers. The act required the officers of the Land Office to appoint three persons to value the lands in such islands per acre, and certify their valuation to the secretary of the Land Office, who was then to issue a warrant to the applicant, he having first paid to the Commonwealth at least one-third of the valuation. The balance of the purchase-money was to be a lien on the land, and a patent was to issue when the whole amount of the valuation should be paid ; the full payment to be within four years.
On the 27th of June 1806, Henry Killbuck, an Indian chief, made an application to the Land Office “ for an improved island at the junction of the river Allegheny with the Ohio, known by the name of Killbuck’s, or Smoke island, containing about twenty-acres, be the same more or less, opposite the town of Pittsburg.”
An order was issued July 7th 1806, to three appraisers, in accordance with the directions of the act. On the 28th of August the appraisers reported that the island contained about 17 acres; that it was improved; that having had regard to the wood, soil, &e., its distance from the main land, and the advantages in regard to the fisheries, &c., they valued it at $20 per acre. Kiilbuck did not pay any purchase-money, nor proceed further in the matter; he, therefore, obtained no warrant of survey.
By Act of April 14th 1828, Pamph. L. 368, Allegheny town was erected into a borough. The boundaries commenced on the banks of the Allegheny river, on the northeast side of the town, the line then ran northwardly, then eastwardly, then southwardly “ to the middle of the Ohio river, thence by a line up the middle of same, and of the Allegheny river along the line of the city of Pittsburg, to a point opposite the place of beginning, thence by a straight line to the place of beginning.” Kiilbuck island was included within these boundaries.
In 1832 the larger part of Kiilbuck island was washed away by a great flood; subsequent floods washed away the remainder, so that in 1840, and since, where the island was, has been merely a bar in the river.
By Act of April 13th 1840, Pamph. L. 303, the borough of Allegheny was incorporated into a city with its original boundaries.
On September 3d 1849, William Reed made an application to the Land Office to take up Kiilbuck island; it was described in the application as containing about 44 acres. A caveat was filed against the application. The appraisers, appointed under the Act of 1806, reported that the ground applied for was mostly “ a gravel bar, frequently covered by high freshets, but bare at ordinary stages of water.” They further reported that it was once the base of Smoky, or Kiilbuck island, and they appraised it at $135 per acre. On the 15th of September 1851, the caveat was heard before the board of property, who directed a warrant of survey to, issue to Reed, on payment of one-third the valuation. Reed on the same day paid $1999.12, the one-third of the valuation, and the- warrant of survey accordingly issued; by this survey the ground applied for contained 43 acres 127 perches. Reed brought an action of ejectment against the city of Allegheny to recover the tract so surveyed to him. He recovered in the court below. The judgment was reversed in the Supreme Court (1,2 Harris 39), on the ground that the land surveyed was not an island, but a mere sand-bar, having no land capable of sustaining vegetation, and, therefore, not the subject of entry in the Land Office. The Supreme Court further held that the foundation of the island belonged to the Commonwealth, and that she held it, as she did the bed of the river and all sand-bars, in trust for all her citizens, as a public highway.
Previously to 1857 there had been disputes between the city of Allegheny and the owners of the river lots, as. to the true location of the northern line of Bank lane. On the 15th of September of that year, the City Councils finally fixed this line, and then changed the name of the lane to South avenue ; no width of the avenue was defined.
On the 16th of April 1858, an act was passed (Pamph. L. 326): “ To establish high- and low-water lines in the Allegheny, Monongahela and Ohio rivers, in the vicinity of Pittsburg.”
The act recited that lines of lands along the shores of the rivers at and near Pittsburg, had not been ascertained, and that it was important to the owners of such lands, persons navigating the rivers and the corporations adjacent to them, and to all persons interested, to have their several rights, &c., u in extension and limitation,” defined. It then required the District Court of Allegheny county to appoint three commissioners, who, taking to their assistance a competent surveyor, should examine the shores, surveying and marking on them “ lines of ordinary low water and lines of ordinary high water,” along the rivers named within the limits set out in the act, and around the shores of all the islands within those limits (which included the premises in dispute), except where lines had already been established by law, such water lines to be laid out so “ as will most perfectly secure and perpetuate the navigable channels of said rivers, and best promote the safety and convenience of vessels, &c., * * * and be most suitable in
all respects for the general benefit of the public at large.” The commissioners were required to make a correct map or plan of their survey, with proper descriptions and explanations, and return it to the District Court, to be filed in the office of the prothonotary of that court for public inspection, &c.; the court to appoint a day to hear objections, and, after hearing, adjudge whether the work of the commissioners should be fully established, or returned to the commissioners for re-examination, and, if so recommitted to them, to be reconsidered by them and returned with such amendments as they might think proper; after the final approval by the court, to be recorded under the direction of the court, and the map or plan and the lines, &c., to “be adjudged and taken firm and stable for the purposes aforesaid.”
By sect. 5, “All riparian- right now vested in the state, lying between high-water lines and the rivers, within the district aforesaid, shall from thenceforth thereafter he vested in the several corporations within whose limits the same now is or hereafter, shall be.”
On the 30th of March 1861, the commissioners returned their surveys with the appropriate maps and plans. They were ordered to be filed in the prothonotary’s office for inspection, and he directed to give notice, &c.
Exceptions were filed to the commissioners’ report; on hearing they were dismissed, and it was adjudged that the maps and plans be fully established according to the provisions of the Act of 1858.
On the 8th of April 1873, Pamph. L. 860, an act was passed: “ To perfect the title to Killbuck island, at the head of the Ohio river, north and west of the ‘ point,’ in the city of Pittsburg, authorizing and directing the surveyor-general to issue a patent therefor.”
The act recited that “ Killbuck, an Indian of the Delaware tribe, became seised and possessed of a certain island at the head-waters of the Ohio river, near to and adjoining what was afterwards the southwestern portion of the city of Allegheny, nearly opposite the ‘Point’ in the city of Pittsburg, the said Killbuck being placed in possession of said island for services in the French and Revolutionary wars.” The act further recited that on the ^d of November 1803, Killbuck conveyed the island, or a large part of it, to Abner Barker, and in 1806 applied to the Land Office for the island (as is before stated); that the land was afterwards returned as unseated, and on the 10th of June 1818, sold to George S. Birnie; that the titles of Killbuck and Barker, by sufficient conveyances, became vested in Zenas Neel, and he, on the 24th of September 1829, redeemed the same from Birnie, Neel being then in possession of the land, residing there with his family, and operating a foundry on it. The act further recited that the soil had been carried away by the flood of 1832 and subsequent floods; that Neel died in 1834, the sole and undisputed occupant and “ owner of the possessory title to said island by himself and those under whom he claimed, from a period previous to the formation of state governmentthat the heirs of Neel, by deed of September 10th 1849, for the sum of $8000, conveyed the island by metes and bounds to Andrew Fulton, John E. Parke and others, who had since held the title and were desirous to perfect their title by a patent from the Commonwealth ; that the owners were unable to obtain such patent under the land laws of the Commonwealth, for the reason that the Supreme Court had decided that insomuch as it was not susceptible of cultivation in its present condition, the surveyor-general had no power to issue a patent. It was then enacted: Sect. 1. That the title of James K. Moorehead, and a number of other persons named in the act, as tenants in common in equal interests to a “ piece of land, hereinafter described, known as Smoky or Killbuck island, is hereby ratified and. confirmed; and they and their heirs and assigns are hereby declared to be seised of a fee simple title in the same.’,’ Sect. 2. On the payment of $300 for the use of the Commonwealth, the surveyor-general was directed to issue a patent to the parties named in the first section, for a piece of land ; the same as described in the writ in this case. A patent was issued April 29th 1873, in pursuance of this act. .Those of the plaintiff's who were not named in the act or patent, derived title under the patentees. A plot of plaintiff’s claim under the patent shows that School street in Allegheny city is about coincident with the north side of plaintiff’s claim ; it appears also that “ Union bridge” (referred to in the verdict), leading from Pittsburg across the Allegheny river to the island, is about 100 yards east or up the Allegheny river from “ the point ” in Pittsburg.
The case was tried Juné 7th 1875, before White, J.
There was evidence for the plaintiff that previously to 1832, there was a small channel at the head of the island, which ran down between that and the main shore, thus forming the island; it was about 100 feet from Bank lane ; the main shore was a perpendicular bluff; the water would be at the base of the bluff about half the year; in dry times the water would not run there. Bank lane was on the top of the bluff; along some places it was so narrow that a horse could not travel; a man could walk along it; there was a path and a fence some places. At a low. stage of water there was a slough only 3 or 4 feet wide ; it was back water and would run up of that width as far as School street; at a 6 feet stage of water, the water would just go through; there was always some water when the river was the lowest; at a 5 or 6 feet stage of water, between the island and the main shore, the water would be 30 or 40 feet wide; the higher the water the wider it would be. At the time of the trial the pavement of South avenue came out to the slough; the pavement is just in front of the fences of the lot holders. At the corner of School street there had been filling out about 200 feet each way. A survey was made on behalf of the plaintiffs ; by it the north line of South avenue would come inside, over Bank lane; there was a little interference by the line of South avenue with Bank lane, the most would be 10 or 15 feet; South avenue lies towards the river more. The edge of South avenue at the bank of the river is a steep descent; its width is not, filled out, 60 feet; at the upper end it is filled out into low ground, and then it runs into a kind of a wet place or swale, where there had been land at one time; the south line of the patent goes beyond the high- and low-water lines as established by the commissioner; about 10 acres of the channel of the river, beyond the low-water line of the commissioners, is included within the patent lines. When there were 5 or 6 feet of water in the river, the whole of the island would be submerged. By a sudden fall in the river, the water between the island and the main land would be left in ponds, between which there would be wide spaces, so that the place of the channel could be walked over easily; the deepest water was at the head of Kill-buck island; in ordinary stages of water there was a channel; boats would go through ; when the river was well up the space between the river and the end óf the lots was quite narrow, there was just a pathway around the fences of the lots. The bank was low where Bank lane came down to School street. Between the island and Bank lane there was a slough; at the point where that lane came down to the river at the top of the island, it was wider and got narrower as it went down. The slough was formed by the water coming in at the head of the island, and the drainage from a little run from the hill; it was never dry.
The defendants gave evidence that the north line of Bank lane was not a straight line ; it ran irregularly with the angles at lines of the lots. South avenue is a straight line; the southern line of the patent takes a large portion of the bed of the river; the area comprised within the lines of the patent is 90 acres 188 perches ; the area between the high-water line and the north line of Bank lane is 62 acres 150 perches; the area embraced by the patent lines between the high- and low-water lines of the commissioners is 7 acres 98 perches ; the area of the patent lying outside of the commissioners’ Iow-w'ater line is 20 acres 45 perches; these 20 acres 45 perches are covered with water at all stages ; the patent measuring from low-water line toward Pittsburg takes 300 feet, which would leave about 740 feet for the channel to the low-water line on the Pittsburg side; the patent takes about 350 feet " from the limit of the water-ways on the Ohio river as left by the commissioners; and where it encroaches most leaves about 850 feet of channel in the Ohio within low-water line; since the commissioners fixed the water lines, the city of Allegheny has graded Bank lane in a number of places, in conformity with those lines. They gave evidence further, that “Union bridge” was about 300 or 400 feet above Killbuck island. The witnesses varied as to the contents of the island from 3 to 15 acres. There was evidence that up to the year 1832, Killbuck island was as high as the main land and was never overflowed till then ; in order to make a flow in channel between the island and the main land on the Allegheny City side, the stage of water must be 6 or 8 feet.
The testimony in the case was very voluminous ; a very great number of deeds, plots and other documents were given in evidence, which are only referred to in the paper-books.
The foregoing, with the charge and opinion of Judge White and the opinion of .the Supreme Court, will, it is believed, sufficiently -present the case.
The plaintiffs requested the court to charge the jury:—
1. That if the jury believe, under the evidence, that the territory embraced in the writ, * * * is co-extensive with the territory of Killbuck, or Smoky island, as it once existed, then it was competent for the legislature to grant a valid title thereto, upon such terms of payment as the legislature might choose to prescribe, and that the Act of 1873 does, if the jury find as above stated, confer a valid title upon the plaintiffs, as against the city of Allegheny.
■ Answer. “ The first part of this point is affirmed, the latter is embraced in the reserved question.”
2. That the averment in the Act of 1873, that the territory described in the patent and writ is co-extensive with the former territory of Smoky or Killbuck island constitutes prima facie evidence of such coincidence, and should be so regarded by the jury; and that in passing upon the question of the existence and extent of the island in question the jury may consider, in connection with the averment of the Act of 1873, the old maps and plans in evidence and the testimony of the several witnesses, and that the application, appraisement and survey for Nelson in 1828 and 1829, are legitimate subjects for the consideration of the jury, whether that portion of the land in dispute was an island or not.
Answer. “ Affirmed.”
3. That the title of the various out lot owners, opposite to the territory in dispute, extended to and was bounded by-the north line of Bank lane, as depicted upon the plan of “ Reserve” tract.
Answer. “ Affirmed, hut they had an interest that extended to the river.”
4. If the court refuses to charge as requested in the third point, then the court is requested to charge, that it is the function of the jury to find, under the evidence, where the south line of Bank lane ran, and that, in so finding, they may regard the fact that said Bank lane had a fixed and defined width at other points, east and west of the place in dispute, and the further fact that in maps and plans made and adopted by the city and in evidence, a definite and fixed width is given to Bank lane or South avenue, as evidence tending to show that Bank lane did not extend indefinitely to low-water line.
5. That the Act of 1858, establishing high- and low-water lines, was not intended to affect private titles, nor did it avail to disable the Commonwealth from making a valid grant of territory formerly occupied by the island and lying south of the low-water line as it existed at the time the reserve tract was laid out and sold.
6. That the plaintiffs have made out a primfi facie case, and that nothing has been shown by the defendants to prevent a recovery, and the verdict of the jury should be for the plaintiffs.
The 4th, 5th and 6th points were reserved.-
The defendant asked the court to instruct the jury :—
1. That Bank lane from out lot No. 32 westward, as laid down in the original plan of the town of Allegheny and its out lots, was a street or public landing of indefinite -width, extending to the low-water mark of the Allegheny river or Ohio, wherever the low-water mark might he.
2. That the application of Henry Killbuck, made in the year 1806, for Killbuck or Smoky island, and the valuation thereof then made, were ineffectual to vest title in Killbuck, or his alleged grantee, Abner Barker, because of the failure of Killbuck to pay to the Commonwealth any portion of the valuation, or to procure a warrant of survey or otherwise comply with the requirements of the Act of January 27th 1806; and if Killbuck or those claiming under him had any inchoate or possessory title to the island, the same was extinguished when the soil of the island was swept away by the flood of 1832, and the flood which occurred about ten years thereafter.
The 1st and 2d points were affirmed.
3. That the low-water line as fixed by the commissioners, under the Act of April 16th 1858, and approved by the final order of the District Court of Allegheny county, of June 27th 1861, thenceforth became the southern boundary line of Bank lane, now South avenue.
4. That the Act of April 28th 1873, and the patent issued under the same, did not invest the patentees with title to any land lying inside of the commissioners’ low-water line, and the plaintiffs cannot recover any portion of such land.
The 3d and 4th points were reserved.
5. That in laying out the reserved tract and disposing of the lots according to the plan, the Commonwealth acted as an ordinary individual, and not as a'sovereign ; and the purchasers of the lots from the state acquired the free and perpetual right of using Bank lane as a river landing or highway to and from the rivers ; and the state cannot grant any valid patent to cut off the said lots or the city of Allegheny from the Allegheny or Ohio river.
6. That the patent issued 29th April 1873, is inoperative to grant any land lying outside of the commissioners’ low-water line and within the bed of the river as fixed by the commissioners and established by the final order of the District Court, pursuant to the Act of 16th April 1858.
The 5th and 6th points were affirmed.
7. That the subject of the Act of Assembly of April 28th 1873, to wit, the grant of a large tract of main land or river shore in the city of Allegheny, is not clearly expressed in the title of the act, viz. : “An Act to perfect the title to Killbuck island, &c. and therefore said act contravened the second constitutional amendment of 1864, and is null and void.
Answer. “ This point is i-efiised, because under the ruling of the court, the plaintiffs are confined in the action to the boundaries of Killbuck island.”
The court charged: * * *
“ The plaintiffs now claim title under, or by virtue of, the Act of 28th April 1873. That act recites the application of Killbuck, a sale by him to Abner Barker, a sale for taxes, the purchase by Zenas Neel, his death in 1834, and a conveyance by his heirs in 1849 to certain parties. It also refers to the decision of the Supreme Court in Reed’s case, and then directs a patent to be issued to the vendees of Neel’s heirs, on their paying to the state a certain sum per acre. In the conveyance by Neel’s heirs the island is described by courses and distances, and calls for Bank lane as the northern boundary. These boundaries would embrace about eighty-four acres, or perhaps more. The Act of Assembly directs a patent to be issued for the same boundaries. The plaintiffs obtained their patent and brought this suit.
“The act is entitled ‘An Act to perfect the title to Killbuck island, * * * authorizing and directing the surveyor-general to issue a patent therefor.’ From the title of the act, and the recitals in the act, it is clear that the legislature did not intend to authorize or direct a patent to be issued for any more than what was Killbuck island. The declared intention of the act was to perfect the title to an island. The boundaries embrace more; they describe, not an island, but a part, apparently of main land, or at least bound the island its entire length on one side by the main land — Bank lane. These boundaries include the inner channel of the river, and a portion of the river-bed beyond the island. Perhaps the act in this respect is unconstitutional, because that part of it is not embraced in the title. But I regard the courses and distances given in the act as merely descriptive of the island, and not conclusive. As the declared object of the act was to perfect the title to the island, I shall confine the plaintiffs to the island. I therefore instruct you that the plaintiffs cannot recover any portion of the original bed of the river. They can recover no more than what was Killbuck island in 1806.
“ But the city of Allegheny denies the plaintiffs’ right to any recovery whatever; and on two grounds: 1st. That, as plaintiffs’ patent is for an island, and there being no island or land there, the plaintiffs took nothing by their patent; and, 2d. That under the Act of 16th April 1858, fixing high- and low-water lines, the title to the locus in quo became vested in the city of Allegheny, or the lot owners.
“I doubt not the power of the legislature to authorize the reclamation of an island that has been swept away, and to give title thereto. This is what, I think, the legislature intended by the Act of 28th April 1873.
“ But the more serious question arises under the Act of 16th April 1858. I wish to reserve that question for the consideration of the court in banc, and therefore instruct you that the plaintiffs are entitled to recover what was Killbuck island in 1806. Your duties, therefore, -will be to find what was Killbuck island in 1806— locate it and give its boundaries.
“ The plaintiffs contend that Bank lane, or South avenue, as it is now called, is not now where it was originally ; that it has been gradually shoved southward; that it is now where the channel was formerly; that its southern boundary — allowing it to be eighty feet wide — would reach over to low-water mark of the island in 1806. If you believe from the evidence that such is the fact, then you may bound the island on the north side by Bank lane, or South avenue. My instructions are that you are to bound the island on the north, and at its head and foot by what was low-water mark of the island of 1806. But on the southern side, that is, the side next to the main channel of the river, the plaintiffs cannot recover beyond the low-water line fixed by the commissioners, under Act of 1858. Their patent lines would extend some 300 feet beyond that. But I think it is fair to presume that the legislature did not intend to interfere with the lines fixed by that commission. I therefore limit the plaintiffs’ right to that line. I consider it so important to maintain the high- and low-water lines as fixed by that commission, that I am unwilling that this court shall give any countenance to the idea that private property holders, or the corporations, have any rights beyond the low-water line fixed by the commissioners.
“ If you find that Bank lane has not been shoved southward as far as claimed by the plaintiffs, you must determine from the evidence the northern boundary of the island and its distance from the northern line of Bank lane.
“ You will locate and define the island' as it existed in 1806, according to the foregoing instructions, and find for the plaintiff, subject to the opinion of the court on the question of law reserved, to wit: Whether by virtue of the Act of 16th of April 1858 (fixing high- and low-water lines), and the subsequent proceedings under that act in the District Court of Allegheny county, the island having been previously swept away, and the foundation thereof being a bar at low water, and the river-bed at high water; the said foundation became attached to the main land, and the title thereto became vested in the city of Allegheny, or the lot owners.”
The verdict was:—
“ We find for the plaintiffs all that certain tract of land bounded and described as follows : Beginning on the low-water line as fixed by the commission and District Court of Allegheny county, in pursuance of the Act of 16th April 1858, at the distance of 215 feet up the river from the centre of the Union bridge; and thence by a line northward and parallel to said Union bridge and the embankment thereof, to low-water line of Killbuck island, as indicated * * * on the draft, &c., * * * which is returned herewith and attached to this verdict; thence down the north channel or branch of Allegheny river, as marked in the said plan, * * * which the jury find was the low-water mark of said island in 1806, to where it strikes the low-water line of the said commission; thence up the said river by the said low-water line of said commission to the place of beginning. The said described boundaries being the whole of said Killbuclt island down to the low-water mark, as the same existed in 1806, except that portion to the southward cut off by the low-water line as fixed by said commission. This verdict being subject to the opinion of the court in banc on the question of law reserved, to wit:—
. “ Whether by virtue of the Act of April 16th 1858 (fixing high- and low-wa/ter lines), and the subsequent proceedings under that act, in District Court of Allegheny county, the island having previously been swept away, and the foundation thereof being then a bar at low water and the river bed at high water, the said foundation became attached to the main land, and the title thereto became vested in the city of Allegheny, or the lot owners.”
The opinion of the court in banc on the reserved question was delivered July 1st 1875, by White, J., viz.:—
* * * “When the state, in 1787, laid out the reserve tract in lots, and caused a plot to be made of it, Bank lane was marked on the plot as running on the bank of the Allegheny river. The island was also indicated on the plot, with a narrow channel between it and the main land. But no distances were given. It was in evidence that Bank lane had been, to some extent, shoved southward, the plaintiffs contended, entirely across the original channel between it and the island. But the verdict of the jury shows otherwise.
* * * “ The plaintiffs claimed the title under a patent from the state, issued in pursuance of a special act of the legislature, approved 28th April 1873. The boundaries of the patent embraced much more than the verdict of the jury. But as the declared object of the act was to perfect the title to the island, and the act recited the title or claim of the plaintiffs as derived from the Indian chief, Killbuck, who made application for the island in 1806, the jury were instructed that the plaintiffs were not entitled to recover more than the island. The recitals in the act, I consider of very little consequence in the decision of the reserved question. Kill-buck never followed up his application, nor obtained any valid title. Whatever claim he had was forfeited by not getting a warrant of survey, and paying for the island, as required by the Act of 27th January 1806. But even if he had an inchoate title, and could have transferred it to Abner Barker, it became extinct when the island was swept away by the great flood of 1832. * * * And if by virtue of the Act of 16th April, 1858, the title became vested in the city of Allegheny or the lot owners, the state could not afterwards grant it to another, In that case the Act of 28th April 1873 would be a nullity. The state might waive all preliminaries required by former Acts in order to perfect the title of an applicant. And no doubt the state would be bound by the recitals in the act. Rut the vested rights of others could not be thus legislated away. If the state had made a gift of this island, or its foundation, in 1858, to Allegheny City, she could notin 1873 revoke her gift, and sell it to another. Such an act would be inconsistent with the character and dignity of a sovereign state. In 1849, as decided in Reed’s case, the island had ceased to exist, and there was no law authorizing the foundation to be taken up as an island. * * * If there were no intervening rights, the Act of 1873 would give a good title to plaintiffs without reference to Killbuck’s title. But if there were intervening rights, Killbuck’s claim c5uld not be galvanized into a living title to defeat them.
“The title of the city or the lot owners must be derived, directly or indirectly, from the Act of 1858. They do not claim by express grant from the state or any other party. They do not pretend ever to have had title to the island. After the island was swept away the foundation remained as a bar in the river. They had no legal claim to that. It was the bed of the river. It was not alluvion. It was not a deposit or accretion, and no more attached to the main land than when the island existed. It was not a reliction nor an avulsion. It did not, therefore, fall within any of the recognised common law rights of riparian owners. And if the Act of 1858 did not extend these rights, or in some other way give them a title, they have none.
“ Some claim has been set up for those owning what are called ‘river’ lots. These fronted the river, but did not extend to the river. ' The original deeds from the state describe them according to the plot, as bounded by the northern line of Bank lane. They do not call for the river, or run by the course of the river. The river is not given as a boundary. They are accurately described by courses and distances, and the southern line described as the northern line of Bank lane, which runs along the bank of the river.
“ The law is well settled in this state, that when the survey or deed calls for a stream, or as running by, along, or up or down it, the owner takes titles to the stream; in the case of navigable rivers, to low-water mark, and those not navigable, to the centre or thread of the stream. ‘ But ’ as Agnew, J., says in Wood v. Appal, 13 P. F. Smith 224, ‘ if the stream is not made the boundary, or if a line is actually run and marked for the survey apart from the stream, the rule changes to suit the facts of the case.’ These lot owners, therefore, had a fee only to the northern line of Bank lane. Their title did not extend to the river. But they had an interest in the highway, the use of it, and a right to have it maintained as such; and so had all the other lot owners.
“ The state, in laying out and selling lots in the reserve tract, acted as any other proprietor. She laid out lots with streets, alleys, &c., and sold according to the plot. She dedicated all the streets, alleys, &c., to public use. She made no deeds for these common highways, and the legal title remained in her. But she held the title for the use of her purchasers, and could not by subsequent conveyances part with the legal title so as to defeat or impair' their rights.
“ But it is said that the purchasers of the river lots had a river front and the state cannot deprive them of that. The Act of 1873 does not. When they purchased, there was an island between them and the main channel of the river. They fronted on a narrow, back channel. If the island should be restored they are no worse off than when they first purchased. If Bank lane should be extended by alluvion, or by operation of law under the Act of 1858, to a width of 600 or 800 feet, it would still be Bank lane, or a common highway. The legal title to the fee would be in the state, and the lot owners would simply have a use in it. They could not sell it or make title to it. It would be under the supervision and control of the city corporation, the same as other streets or highways. In this view of the case I cannot see what title or interest the lot holders can have in the locus in quo, separate from the city corporation; or, that may not be said to be vested in the city corporation as their representative and for their use.
“Let us then consider what title, if any, the city has. And this, as before stated, must be derived from the Act of 1858. The city, as a corporation, has not and never had, a fee in Bank lane nor any title or interest therein, except as one of the streets of the city.”
The judge then referred to the Act of 1787, the Act of 1840 (incorporating the city of Allegheny), the Act of 1858, for ascertaining the water lines and the various proceedings under them, and further said:—
“ The 5th sect, of the Act of 1858 is in these words : ‘ That all riparian right now vested in the state, lying between high-water lines and the rivers, within the district aforesaid, shall from thenceforth thereafter be vested in the several corporations within whose limits the’ same now is or hereafter shall be.’
“ This section is obscure. It is uncertain whether it refers to the high-water lines then recognised, or the high-water lines to be fixed by the commissioners. It is also uncertain what is meant by ‘ riparian right.’ ” The section was probably added with no very definite idea of its meaning or application. If the state had any riparian rights along the banks, no doubt this section would confer them upon the corporations. But the section grants nothing more, and if the state had none, it grants nothing. At the locus in quo the state was not a riparian owner, and had no riparian rights to confer. Whatever may be its operation or effect elsewhere, it has no application here, and confers no right or title to the locus in quo to Allegheny City. The city cannot claim the island by virtue of this section.
“ In the preamble, it is declared to be ‘ important ’ to the owners of lands, persons navigating the rivers, and the corporations, ‘ to know and have their several rights and privileges, in extension and limitation, ascertained and defined;’ and to ascertain and define these was one purpose of the act. Yet the act nowhere expressly declares or defines what these rights are. They can be ascertained and defined by inference only.
“ The state, as a sovereign, owned the bed of the rivers, and had a right to pass such laws and make such regulations as were necessary and proper to improve the navigation, and protect and advance the interests of commerce, under the well-known and long-settled law of this state; riparian owners hold a fee to low-water mark, but subject to' an easement — the rights of the public to use the bank, between ordinary high and low water, for navigation and commercial purposes. In all navigable streams the currents are liable to change, and the banks to be washed away by floods, or be increased by deposits. High- and low-water lines, therefore, are constantly shifting, and the lines of the riparian owners advance or recede with the banks. The( state, as a sovereign, has a right to ascertain and fix these lines, and in doing so, if slight changes are made in the banks, the riparian owners cannot complain. They hold their lands subject to this servitude.
“ When the state has ascertained and fixed these lines, the £ rights and privileges, in extension and limitation,’ of riparian owners, are definitely settled. They extend to and are limited by these linos. They may fill in and extend out the bank to high-water line, with a slope down to low-water line. But they can make no improvements, or cause any nuisance below high-water line to interfere with the public rights; or if the lines thus fixed come within the former recognised high- and low-water lines, they will be limited by the lines thus established. If they lose a small portion of their bank, it is damnum absque injuria, the same as if it had been swept away by a flood. Their absolute title is limited to the high-water line as fixed by the sovereign state. Beyond that, down to low-water line, the public have their rights, and they cannot interfere with them.
“ These principles apply to corporations as well as private persons; to highways as to individual property. As a general rule, and in ordinary cases, I would have no hesitancy in holding that a street or highway bounded by the river, would extend out to low-water line as fixed by the commissioners, if that line was further out in the stream than the original low-water line. But the case we now have before us is peculiar, and I do not think is governed by these general principles. It is an exception to 'the general rule.
“ It will be observed that there is no express grant in the act, except in the 5th sect., of ‘ riparian right,’ which, as we have seen, has no application to this case. The act does not directly give any right or privilege to any person or corporation. Such rights as we have been considering are merely incidental to the object of the act, and such as may reasonably be inferred from it; but it is against the canons of construction to give a forced meaning to a statute, or to draw an unreasonable and absurd inference from it.
“ The object of the act was to ascertain and definitely fix high- and low-water lines ; not totally to change them. * * * Of course it was not intended that the lines should conform to the actual shore lines at that time. The lines were to be established for all time to come, and hence, by implication, a discretion was given to the commissioners to make such reasonable and proper changes as were necessary for the purpose stated in the act. At the locus in quo the lines were laid down in the bed of the river, from 500 to 1000 feet from the shore. It might be a question, whether, under the terms of this act, the commissioners and the District Court have power to locate these lines so far from the shore. No objections, however, were made at the time, or have been made since. It seems to be conceded on all hands that that portion of the river is unnecessary for the purposes of navigation, and might as well be filled up. But the facts have an important bearing on the question we are considering — what construction to give to the act. If the legislature had contemplated any such great change in the line at this point, would there not have been some provision in the statute in reference to the intervening space ? Slight changes would not seriously affect any person or corporation, and the individual rights would naturally follow. But a great change like this, throwing the river line out 500 or 1000 feet, and adding 70 or 80 acres to the main land, involves questions and rights not contemplated by the legislature nor provided for in the statute.
“ If, by construction of the statute, the locus in quo passes to Allegheny City, it passes simply as an accretion to Bank lane. That highway would then be a curious anomaly. From an ordinary street, at both ends, it would swell out to a thousand feet in the middle. But in point of fact it would be useless as a highway. It would cost more to fill up the river than the city could afford to spend for a highway, or even for a park; unless sold for manufacturing or building purposes, it will never be filled up. It will always remain an eye-sore and bone of contention. Although claiming it for many years, yet the city has never thought of filling it up for public use. She has always contemplated extending her streets through it, and laying it off in lots for sale. Whether she could do so without express legislation authorizing it is very doubtful.
“ We are, therefore, of the opinion that the title to that portion of the river bed, between Bank lane and low-water line, as fixed by the commissioners and the District Court, did not pass to or vest in the city of Allegheny, or the lot owners, under or by virtue of the Act of 16th April 1858. It is a casus omissus, a case not contemplated by the statute or provided for in it. The title, consequently remained in the state, subject to the control of the legislature.
“ The reserved question is, therefore, decided in favor of the plaintiffs, and judgment is ordered to be entered for plaintiffs.”
The defendant took a writ of error, and assigned for error,
1-4. Not affirming the defendant’s 3d, 4th, 7th and 8th points.
5. Directing the jury to find for the plaintiffs.
6. Entering judgment on the verdict on the reserved question for the plaintiffs.
W. B. Rogers and M. W. Acheson, for plaintiff in error.
If a map made by the proprietor of lands on which a town is located is referred to in his deed for a lot, it has the same effect as if incorporated in the deed: Birmingham v. Anderson, 12 Wright 253. The deeds for these lots on Bank lane designate them as river lots and Bank lane is described as running by courses of the rivers; the plan according to which they were sold shows that Bank lane extended to the low-water line of the rivers. The water lines fixed by the commissioners under the Act of 1858 were between the state and the riparian owners and concern no others: Wainwright v. McCullough, 13 P. F. Smith 66. The low-water line of the commissioners became the southern boundary of Bank lane. The 5th sect, of the Act of 1858 vested in the city of Allegheny the title of the Commonwealth in the locus in quo. A riparian owner is entitled to accretions to his land from a river: Morgan v. Scott, 2 Casey 51; Angell on Watercourses, sect. 53-59; Municipal Corporation of New Orleans v. United States, 10 Pet. 662; Godfrey v. Alton, 12 Ill. 29; Jones v. Janney, 8 W. & S. 436; Cincinnati v. White, 6 Pet. 431; Barclay v. Howell, Id. 498. If the accretion to South avenue is not in the city, it is in the lot holders subject to the public easement: Angell on Highways, sect. 314, et seq.
S. Schoyer, Jr., Hampton Dalzell, A. M. Brown, G-. Shiras, Jr., S. A. $■ W. S. Purviance, R. Woods, and Gr. P. Hamilton,
for defendants in error.
Where parties hold lots hy deeds calling for a line along the bank of a river, the lots are bounded by the line and not by the river: Birmingham v. Anderson, 12 Wright 253; Woods v. Appal, 13 P. F. Smith 224; Banks v. Ogden, 2 Wall. 97. The Act of 1858 is not applicable to' boundaries between private persons: Wainwright v. McCullough, 13 P. F. Smith 66; Zug v. Commonwealth, 20 Id. 138; Poor v. McClure, 27 Id. 214.
January 6th 1876.
Chief Justice Agnew
delivered the opinion of the court,
The action in this case was an ejectment, and the question was one of title only. If the plaintiffs exhibited a valid title, and the city of Allegheny showed none in itself or its citizens, the municipal power of the city over its highways, or its possession of the rights of the state between the lines of high and low water, were no defence to a recovery. The title to Killbuck or Smoky island was therefore the only question. There was no title to this island in any one before the passage of the Act of 28th April 1873. Killbuck, the original claimant, had none, and his assigns were in no better condition. Unless the state had granted a title to the lot owners, or to the city of Allegheny, there was nothing in her way to prevent the passage of the Act of 1873. The fact that the island had been washed away, prevented a grant of the stony or sandy bottom on which it had rested under the ordinary land laws of the state or usages of the Land Office: Allegheny City v. Reed, 12 Harris 39; Poor et al. v. McClure, 27 P. F. Smith 214. But this was no barrier to an express grant by special law.
The Act of 28th of April 1873 was entitled “An Act to perfect the title to Killbuck island, at the head of the Ohio river, north and west of the point in the city of Pittsburg, authorizing and directing the surveyor-general to issue a patent therefor.” The court below construed this act to embrace Killbuck island only, and not all of it, for the judge limited the survey to the natural low-water line of the island on its north side, as it was in 1806; and on the south side of it, to the low-water line fixed by the commissioners under the Act of 1858, which leaves out a part of the south side of the island as it stood in 1806. The verdict was rendered accordingly, limiting the plaintiff’s recovery to the natural low-water line of the island on the north side, that is, on the side next to the main land. If there were any error in this instruction, upon which we give no opinion, it was one of which the city can not complain. The question of discrepancy between the title of the Act of 1873 and its body, is therefore not before us. The Act is good to the extent of the recovery: Dorsey’s Appeal, 22 P. F. Smith 192; Allegheny County Home’s Case, 27 P. F. Smith 77.
The plaintiffs having shown a good title to the land embraced in the verdict, what title was shown in the defence ? There is no pretence of an express grant of the island to any one else ; but it is contended that there was a title in the owners of the lots bounded by Bank lane on the main shore opposite the island, which maybe extended to the island ; or, if not in them, there is a title in the city, under the fifth section of the Act of 16th April 1858, authorizing the establishing of high- and low-water lines. There was no title in the owners of the lots bounded by Bank lane. These lots were laid out by the state on her own property (the reserve .tract), and were made to bound on streets and lanes, and on each other, just as the other lots of the town were. Bank lane was laid out upon the north bank of the river following its windings, and its northern line was made the southern boundary of these lots. They did not cross Bank lane to the river. If the doctrine of Paul v. Carver, 2 Casey 222, as to boundaries by the thread of a highway, were applicable to such a case as this, it would extend the title of the lot owners only to the middle of the highway, and not across it. Their interest on the south side was not a title to the soil, but an easement in common with all others in the use of the street, a use necessarily bounded by the water line, for the land highway could extend ho further. At that line the water highway began, and the public right in it was such only as could be claimed by 'all citizens, in the use of the stream for navigation and other purposes. The verdict of the jury having established the natural low-water line of the island on its north side, necessarily established as a fact the existence of a channel between the north side low-water line of the island and the main land opposite to it, upon which Bank lane was laid out. On no principle of law or of legal inference could the title of the lot owners bounded by the north side of Bank lane cross this water channel. It is obvious, therefore, they had no title to oppose to the recovery of the plaintiffs below as bounded by the verdict. It is conceded upon the facts of the case, that it is not one of accretion to the land highway (Bank lane), either by alluvion or by reliction. Bank lane was widened by deposits made by the owners of lots or others, and has been extended still further by the act of the city, and a new name given to it of South avenue, and its width laid out at sixty feet. But these are not to be likened to an accretion by gradual deposits of sand or alluvium, or to an enlargement by a dereliction of the waters .of the stream. They were not such acts as would confer a title where none existed before.
On the other hand, the old channel between the former island and the main land has not been obliterated, much of it remaining in the form of a muddy slough or pond; in time of low water, useless as a highway by land or water, and covered with water in ordinary high stages of the river. That the land lying between the natural low-water line of the former island and the main land, or South avenue, belongs to the state, must, therefore, be conceded, unless she has parted with her title by the words or the operation of the Act of the 16th of April 1858, authorizing the establishment of high- and low-water lines. It is not pretended there is any express grant of the land itself lying between these lines, to be' found in the words of the act, unless it can be inferred from the language of section 5, in these words: “ That all riparian right now vested in the state lying between high-water lines and the rivers, within the district aforesaid, shall thenceforth thereafter be vested in the several corporations within whose limits the same now is or hereafter shall be.” This is no grant of the soil — it is not the language the state uses when she grants her lands. Nor can a grant of the land be derived from these words by any proper inference. They apply to all the lands within the high-water lines, and the rivers along the three rivers within the prescribed limits, viz.: from a line crossing the Allegheny river at the northeast line of the borough of Sharpsburgh; from a line crossing the Monongahela river, opposite the mouth of Four Mile run; and from a line crossing the Ohio opposite to the mouth of Wood’s run, and around the shores of all the islands in the rivers aforesaid, and within the limits aforesaid. To assume an intention to grant the land itself between the high-water lines and the rivers within these limits would violate the vested rights of all the owners of the lands bounded by these rivers, within the prescribed limits. Such.clearly was not the intent of the legislature, and we cannot assume one intent for this locality at the island and a different intent for all other places. But the legislature carefully guarded its own meaning by vesting in the several corporations only the riparian rights of the state, viz.: such as pertain to the banks of the rivers. They were limited also to the space between the high-water lines and the rivers. Hence they did not include the channels, beds or bars of the streams. By no possibility, therefore, can the Act of 1858 be construed to be a grant to the city of Allegheny of the bed of the channel between the former island a,nd Bank lane or South avenue, or of the sand or gravel banks left by the washing away of the island. Bank lane, or South avenue, not being increased by natural alluvium, or by the falling away of the waters, its increased width divested the state of no right of soil.
Nor can the operation of the Act of 1858 be extended by the act of the commissioners in running out the low-water line of the northern shore of the river to include a part of what was Kill-buck island. It was not the purpose of the commissioners to transfer titles, but to mark the boundaries of riparian rights, so as to make them certain and permanent in their extent. So it was not the intention of the framers of the Act of 1858 to pass titles to lands, or to ascertain boundaries between individuals; but it was their purpose to regulate the right of navigation along the shores of these rivers by establishing high- and low-water lines, which would definitely ascertain and fix the extent to which the right could be exercised; and the extent to which the owners of the land could exercise their own rights under the law of the state. The purpose of the act is so clearly seen upon its face, and is so conclusively shown in the cases of Wainwright v. McCullough, 13 P. F. Smith 66; Zug v. Commonwealth, 20 Id. 138; Poor et al. v. McClure, 27 Id. 214, and in the opinion of Judge White in this case, it cannot admit of further discussion. The extension of the low-water line of the northern shore of the river over a part of the former site of the island, did not pass the title of the state to the intermediate channel, or to the bars and sand or gravel banks within the lines, or to the soil of Bank lane, to any one else, and certainly not to the owners of the lots bounded by the northern line of Bank lane. The state herself being the owner of the land or soil before the establishment of the low-water line of the commissioners, to her alone could any benefit accrue. If it could be conceded for a moment that the act operated on the title at all, she was the owner certainly of the southern half of Bank lane, conceding, for the sake of argument, the doctrines of Paul v. Carver to apply to this case. Being the owner of the soil beneath the southern half of the highway (certainly to this extent), and of the intermediate channel and beds and bars of the river, clearly the same title remained to her after the fixing of the commissioners’ line, and she could grant it away by special act to others, subject only to the public easement in the highway, and to the right of navigation upon the river. There was no question of public easement or right of navigation involved in the trial below, so that the title of the state being vested in the plaintiffs by the special Act of 1873, they were entitled to recover the land included in the verdict, leaving the question of public easement, if any exists, to be determined when it shall arise.
Judgment affirmed. | CASELAW |
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Wikipedia:Articles for deletion/Liam The Leprechaun
The result was delete. -- Cirt (talk) 04:52, 3 December 2010 (UTC)
Liam The Leprechaun
* – ( View AfD View log ) •
Fail WP:WEB and WP:FILM not a single WP:RS to be found. The Resident Anthropologist (talk) 00:57, 26 November 2010 (UTC)
* Merge to Annoying Orange per the page's history: appears to have previously been merged there twice. Strange Passerby (talk • contribs) 01:24, 26 November 2010 (UTC)
* Its massively WP:UNDUE there as it is and without WP:RS for Liam there is nothing to merge The Resident Anthropologist (talk) 02:04, 26 November 2010 (UTC)
* The YouTube video source as a reference. So, there is something to merge. --Anirudh Emani (talk) 03:52, 26 November 2010 (UTC)
* No we require secondary sources for something to be included on wikipedia. Outside the youtube page there is nothing The Resident Anthropologist (talk) 03:54, 26 November 2010 (UTC)
* As much as i know, there aren't any secondary sources. I googled and found nothing. I think we can do nothing else but delete the article. --Anirudh Emani (talk) 07:58, 26 November 2010 (UTC)
* Note: This debate has been included in the list of Fictional elements-related deletion discussions. -- Jclemens-public (talk) 01:39, 26 November 2010 (UTC)
* No opinion on keeping/deleting, but don't merge to The Annoying Orange. It's just a few brief episodes - I reckon Tom Cruise (the broccolized version) had just as much time on the AO. If the character deserves mention, it's just this: mention, not UNDUE bulk merge. East of Borschov 09:14, 26 November 2010 (UTC)
* Delete per nom. - Knowledgekid87 (talk) 23:46, 29 November 2010 (UTC)
* Delete due to a lack of independent sources to WP:verify notability. Would support merge in the alternative if it helps to produce a consensus. Shooterwalker (talk) 01:24, 2 December 2010 (UTC)
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Draft:عماد دبور
Imed Dabbour
Dr. Imed Dabbour, a Tunisian media figure and an academic currently living in Lebanon, was born on January 28, 1979. He earned his Master's degree in Comparative Religions from the Faculty of Arts in Manouba, and later completed his Ph.D. in History from the Faculty of Arts in Tunisia. Specializing in anthropological linguistics and religious studies, Dr. Dabbour is also actively involved in television and film production.
Imed Dabbour’s media life
Dr. Emad Dabbour is a Tunisian media personality and academic known for his diverse contributions in the media industry. He is recognized for his television programs such as “Mish Mamonu” and “Akhir Al Kalam,” where he engages in insightful discussions with prominent figures from the fields of literature, cinema, theater, and music. These programs serve as platforms for intellectual and artistic exchange, exploring various topics related to culture, art, and society.
In addition to his work on television, Dr. Emad Dabbour has also made a mark in radio broadcasting. He worked as a program host on Delta FM radio in Beirut, presenting “Ajjehit Hakee” in the Lebanese dialect, where he engaged audiences with his unique style and thoughtful discussions.
Dr. Dabbour’s contributions extend beyond hosting and presenting. He is also a prolific writer and producer in the television and cinematic spheres. He has been involved in the writing and production of several cinematic works, including “Augustine son of her tears,” a film that delves into the life of the philosopher Saint Augustine, and “Two Poets and a Storm,” a documentary that explores the lives and works of two poets amidst turbulent times. These projects showcase his versatility and commitment to exploring meaningful narratives through both worlds film and television.
Throughout his media career, Dr. Emad Dabbour has become known for his ability to engage audiences with thought-provoking content, highlighting the intersections of art, culture, history, and society. His programs and projects have left a lasting impact on viewers and listeners, fostering a deeper appreciation for the arts and intellectual discourse.
Imed Dabbour’s litrature life
Imed Dabbour is known as the author of the novel “Asqaf Al-Bustaa” (The Roofs of the Poor), which was adapted into the film “Saint Augustine.” Additionally, he wrote the novel “Al-Sharakh Al-Awsat” (The Middle Crack), and his book “Al-Yahoodiyah Al-Qadeemah” (Ancient Judaism). His literary works cover a wide range of topics, from literature to cinema, theater, and music. His television programs often feature engaging discussions with various artistic and intellectual personalities.
“Asqaf Al-Bustaa” (The Roofs of the Poor):
This novel tells the story of the struggles and lives of marginalized individuals living in poverty.
•The film adaptation, “Saint Augustine,” explores the life and struggles of the philosopher Saint Augustine, focusing on his journey of faith and intellectual pursuits.
“Al-Sharakh Al-Awsat” (The Middle Crack):
•This novel delves into the complexities of human emotions and societal issues.
•It may explore themes such as identity, relationships, and the search for meaning.
“Al-Yahoodiyah Al-Qadeemah” (Ancient Judaism):
-This book likely delves into the history and practices of ancient Judaism.
-It may explore the religious beliefs, traditions, and cultural aspects of Judaism from ancient times.
Imed Dabbour’s literary works are celebrated for their depth, thought-provoking themes, and exploration of the human condition. His film “Saint Augustine,” based on the novel “Asqaf Al-Bustaa,” offers a cinematic portrayal of profound philosophical and spiritual concepts. In his television programs, he continues to engage audiences with stimulating discussions that bridge the worlds of art, literature, and intellectual discourse.
Most popular topics of his talkshows
Emad Dabbour’s talk shows cover a plethora of diverse subjects, spanning from literature and art to history and cinema. Through his programs, he shares his viewpoints and suggestions on matters concerning life, culture, and politics.
Numerous episodes have been recorded featuring various personalities from the artistic and intellectual realms, such as Noam Chomsky, Dr. Nawal El Saadawi , Mahmoud Hemida , and many others. These episodes delve into deep and engaging discussions, offering audiences valuable insights into various topics. | WIKI |
User:Jn0628a/sandbox
Activity Theory in Social Science Research
The activity theory has found its way into various qualitative and quantitative research settings, with social scientists exploring the impact of activity on aspects of the aging life.
Historically, activity participation among aging populations has been well explained in research, yet the interaction of determinants like personality and health are seldom included. One quantitative study aimed to fill this gap by analyzing the effects of extraverted personality on aging activity levels through addressing its interaction with physical and mental health. Through a series of telephone interviews in Hong Kong, China, a sample of 304 adults over the age of 50 were surveyed on perceived physical and mental health, level of extraversion, and level of activity. The associations between activity level and each variable were examined by comparing results with low, moderate, and high activity levels of extraverted individuals. Findings of this study reveal that there is a strong, positive correlation between extraversion and activity level, with participants indicating that a high activity level was most likely paired with the perception of good mental and physical health.
Another study analyzed the aging population’s ability to “describe a friend” by utilizing the theory of mind, which describes an individual’s capacity to understand other people by ascribing mental states to them. This research aimed to investigate the relationship between activity level, older people’s social relationships, and their associated theory of mind. 72 participants aged 60-79 from northern Italy were recruited to describe their best friend, with stories being transcribed and coded based on the level of detailed vocabulary used. This was followed with a questionnaire that examined the participants’ activity level and cognitive functioning. Findings revealed that, although data was variable among the sample group, there was a slight positive correlation between high activity level, high affinity to social relationships, and ability to utilize theory of mind.
A different qualitative study aimed to investigate the impact of an intergenerational exchange between undergraduate students and nursing home residents on the social engagement and self-esteem of the elderly. 13 older adult participants residing in an assisted living community in the rural Rocky Mountains were surveyed about their preferences of entertainment from childhood. From this survey, undergraduate researchers chose and viewed two movies with their paired participants. Nursing home residents were then interviewed about their level of enjoyment or disdain from the movie-viewing experience. Results of this study show a positive correlation among meaningful intergenerational exchanges, use of activity theory, and social engagement in the aging population.
Overall, these research findings, among others, have provided important evidence for social scientists to inform policy making and service provision that supports active aging. | WIKI |
List of sporting events in the Greater Manila Area
This is a list of international sporting events in the Greater Manila Area in the Philippines: | WIKI |
Illinois (disambiguation)
Illinois is a state in the United States.
Illinois may also refer to:
Places
* Illinois Country, a region of colonial America
* Illinois County, Virginia, a county claimed by Virginia during the American Revolutionary War
* Illinois Territory, an organized territory of the US from 1809 to 1818
* Illinois River, a tributary of the Mississippi River in the state of Illinois
* Illinois River (Colorado)
* Illinois River (Oklahoma) in Arkansas and Oklahoma
* Illinois River (Oregon)
* Illinois Township, Pope County, Arkansas
Education
* University of Illinois Urbana-Champaign, the largest campus in the University of Illinois system
* Illinois Fighting Illini, this school's intercollegiate athletic program
* Illinois College, a private liberal arts college located in Jacksonville, Illinois
Ships
* SS Illinois (1873), an American Line passenger steamship
* SS Illinois (1917), a cargo ship in service with the Harlem Steamship Co and Compagnie Générale Transatlantique
* USS Illinois (BB-7), the lead ship of Illinois-class battleship, launched in 1898
* USS Illinois (BB-65), a former planned Iowa-class battleship
* USS Illinois (SSN-786), a Virginia-class submarine, launched 2016
* Battleship Illinois (replica), a full-scale mockup of an Indiana-class battleship
Transportation
* Illinois station (DART), a DART Light Rail station in Dallas, US
* Illinois Terminal, in Champaign, Illinois, US
Music
* Illinois (band), an American indie rock band
* Illinois (Sufjan Stevens album), a 2005 album by Sufjan Stevens
* Illinois (Brett Eldredge album), a 2015 album by Brett Eldredge
* "Illinois" (song), the state song of Illinois with words by C.H. Chamberlain and music by Archibald Johnston
Other uses
* Illinois Jacquet (1922–2004), jazz saxophone player
* Illinois Confederation, a group of Native American tribes
* The Illinois, a proposed mile-high skyscraper building designed in 1956 by Frank Lloyd Wright | WIKI |
Opened 5 years ago
Closed 3 years ago
#25307 closed Bug (fixed)
Cannot use .annotate with conditional expressions
Reported by: Jared Proffitt Owned by: nobody
Component: Database layer (models, ORM) Version: master
Severity: Normal Keywords:
Cc: josh.smeaton@…, matt@…, Simon Charette, newport.travis@… Triage Stage: Ready for checkin
Has patch: yes Needs documentation: no
Needs tests: no Patch needs improvement: yes
Easy pickings: no UI/UX: no
Description
I am trying to create a query that first annotates a Count, then aggregates some Sums together using Case objects. If I do the query without the annotate, everything is fine. If I do the query without any Case objects in the aggregate, everything is fine. But when they are both present I get this error:
'WhereNode' object has no attribute 'get_source_expressions'
My query is something like this:
counts = models.Package.objects.annotate(
used_count=Count('projects')
).distinct().aggregate(
no_parent=Sum(Case(
When(parent_id__isnull=True, then=1),
default=0,
output_field=IntegerField()
))
)
I would like to eventually add the used_count value in the aggregate, but this itself won't even run.
Change History (19)
comment:1 Changed 5 years ago by Tim Graham
Any chance you could provide a regression test for Django's test suite? It's difficult to reproduce the issue without your models.
comment:2 Changed 5 years ago by B Martsberger
I have the same issue, here is enough code to reproduce the issue.
# In models.py
from django.db import models
class DateModel(models.Model):
date1 = models.DateTimeField()
date2 = models.DateTimeField()
# elsewhere
from django.db.models import Q, Case, When
from django.db.models.functions import Coalesce
from datetime import date
annotate = {'date': Coalesce('date1', 'date2')}
dms = DateModel.objects.annotate(**annotation)
aggregation = {
'count_recent': Count(Case(When(Q(date__gte=date(year=2015, month=1, day=1)))))
}
dms = dms.aggregate(**aggregation)
AttributeError: 'WhereNode' object has no attribute 'get_source_expressions'
comment:3 Changed 5 years ago by Josh Smeaton
Cc: josh.smeaton@… added
Triage Stage: UnreviewedAccepted
Version: 1.8master
comment:4 Changed 5 years ago by Josh Smeaton
Looks related to #25316
comment:5 Changed 4 years ago by Matt C
Please correct me if I'm wrong, but it seems as if the issue lies with the django.db.models.expressions.When class, in that the condition attribute is supposed to be a django.db.models.Q object and yet the get_source_epxressions() and set_source_expressions() methods are treating the condition attribute as an django.db.models.expressions.Expression, when it most certainly is not.
This violates the API and hence client-code of the API (such as aggregation code in this case) will fail unexpectedly.
E.g.
In the example provided by @martsberger, the count_recent expression gets down to django.db.models.sql.query.Query.rewrite_cols(). That method recursively travels into the nested expressions until it hits the Q object returned by the When expression's get_source_expressions() and that's where it fails.
The problem is only triggered (during aggregation) by column rewriting, when this line evaluates to True in django.db.models.sql.query.Query.get_aggregation():
if (isinstance(self.group_by, list) or has_limit or has_existing_annotations or self.distinct):
As I said initially, I believe the root cause is the violation of the Expression API by the When subclass.
comment:6 Changed 4 years ago by Matt C
Cc: matt@… added
comment:7 Changed 4 years ago by Matt C
I'm not sure when/how, but the condition attribute of the When Expression gets converted to a django.db.models.sql.where.WhereNode, so it's actually a WhereNode object that is having .get_source_expressions() called on it.
Regardless, django.db.models.expressions.When's get_source_expressions() and set_source_expressions() methods need to bridge the gap between Expressions and django.utils.tree.Nodes, in order to properly re-write the column names to the aliases from the subquery.
I can't see a quick/easy way to do this, but as I'm not experienced in the ORM code, I could be wrong.
comment:8 Changed 4 years ago by Anssi Kääriäinen
We have a couple of things that *resolve* to an expression. For example, Q() and F() objects are not expressions, but will resolve to an expression when added to a query.
If WhereNode doesn't respect the expression API, then the fix is to make WhereNodes full expressions.
comment:9 Changed 4 years ago by Matt C
To clarify, I think it's the django.db.models.expressions.When class (which is a subclass of Expression) that is not respecting the API, with regards to its get_source_expressions() and set_source_expressions() methods.
comment:10 Changed 4 years ago by Simon Charette
Cc: Simon Charette added
Also just hit this when upgrading an old project using django-aggregate-if on Django 1.7 to conditional aggregation on Django 1.8.
comment:11 Changed 4 years ago by Simon Charette
From a short investigation it looks like the issue is actually caused by a combination of using distinct() and aggregate() of conditional expression.
Can the people affected confirm that removing the distinct() call from their query silence the exception?
Last edited 4 years ago by Simon Charette (previous) (diff)
comment:12 Changed 4 years ago by Jared Proffitt
That does make it break as well, but not simply just the use of distinct. If you use EITHER .distinct() OR .annotate() along with an .aggregate() that contains a conditional expression. (not sure exactly what part of the condition expression, but it must be either because of the Case() or the When().
I have made a completely useless example using the polls app in the django tutorial. I copied the polls models exactly, and created this query, which will cause the error to happen:
counts = models.Choice.objects.annotate(
used_count=Count('question')
).distinct().aggregate(
yes=Sum(Case(
When(choice_text='yes', then=F('votes')),
default=0,
output_field=IntegerField()
)),
no=Sum(Case(
When(choice_text='no', then=F('votes')),
default=0,
output_field=IntegerField()
)),
)
(Obviously, then used_count will always be 1, and its pretty pointless in this example, but you get the idea).
So if you remove the either the .annotate() OR the .distinct(), the query still breaks the same way. The presence of either one causes it to break. But if you remove BOTH, the query runs fine.
I do not know anything about the internals of the Query api, or I would help fix the problem. But it seems there is a problem when combining certain queryset methods like annotate or distinct with aggregates that have condition expressions.
I know it has to do with condition expressions, because doing the query like the following works just fine:
counts = models.Choice.objects.annotate(
used_count=Count('question')
).distinct().aggregate(
yes=Sum('votes'),
)
comment:13 Changed 4 years ago by Simon Charette
Has patch: set
comment:14 Changed 4 years ago by Travis Newport
Cc: newport.travis@… added
As mentioned on the pull request, this issue seems to exist for any of the 4 cases here:
if (isinstance(self.group_by, list) or has_limit or has_existing_annotations or
self.distinct):
I was able to write unit tests for all but the isinstance(self.group_by, list) case, if someone is able to provide a test for that case I can add it to my changes.
Edit: Unit test updates on my pull request should now cover all cases, my pull request can be closed in favor of #6267
Last edited 4 years ago by Travis Newport (previous) (diff)
comment:15 Changed 4 years ago by Tim Graham
Patch needs improvement: set
There's a failing test on the PR.
comment:16 Changed 4 years ago by Anssi Kääriäinen
Patch needs improvement: unset
comment:17 Changed 4 years ago by Tim Graham
Patch needs improvement: set
Two test failures for Oracle remain.
comment:18 Changed 3 years ago by Josh Smeaton
Triage Stage: AcceptedReady for checkin
comment:19 Changed 3 years ago by Tim Graham <timograham@…>
Resolution: fixed
Status: newclosed
In 1df89a60:
Fixed #25307 -- Fixed QuerySet.annotate() crash with conditional expressions.
Thanks Travis Newport for the tests and Josh Smeaton for contributing
to the patch.
Note: See TracTickets for help on using tickets.
Back to Top | ESSENTIALAI-STEM |
-- When Bailouts Make Moral and Economic Sense
Effective or not, bailouts somehow
seem unjust. Why use taxpayer money to save the companies that
actually caused the meltdown, the banks that made the reckless
loans, and insurance companies that wrote too many credit-default swaps? More broadly, why save the state and local
governments that offered overly generous pensions? Or auto
companies too fat and lazy to match foreign competitors? They
deserve to suffer the consequences of their behavior. Let’s start with the word “bailout.” To most laypeople, it
suggests a gift to a giant, inefficient, highly connected
octopus. But bailouts are typically investments: loans or
purchases. In 1980, the U.S. government bailed out Chrysler with
a $1.5 billion loan and earned acid criticism, mostly from
liberals. But by 1983, Chrysler had paid it back and, with
interest and stock warrants, the government made a $660 million
profit. Taxpayers spent less overall, and the nation saved jobs.
So these companies often pay for the lifesaver we throw them. More basically, the trouble is that we don’t live in Adam Smith’s village. We live in a much larger world. Take American International Group Inc. The mammoth insurer
had links everywhere. On Feb. 28, 2008, it had branches in 130
countries and received half of its revenue from overseas. Its
assets exceeded $1 trillion and its stock sold for $50.15. Yet
for an insurance company it showed breathtaking disregard for
risk. In August 2007, Joseph Cassano , head of the unit that made
the fateful CDS deals, said, “It is hard for us, without being
flippant, to even see a scenario within any kind of realm of
reason that would see us losing one dollar in any of those
transactions.” Facing Bankruptcy In late 2008, AIG faced death from “those transactions” and
begged for help. The government could have punished it and let
it succumb, but the harm would have been global. AIG owed money
everywhere, and its bankruptcy could have brought surprising
creditors, like the supposedly safe money-market funds, to their
knees and spurred further panic. Yet most AIG divisions earned a profit. So to keep this
crumbling tower upright, the U.S. government pumped $182.5
billion into it and took 77.9 percent of its stock. The gamble
seemed hazardous, since at one point its stock fell to about $1
a share. And it was the most hated bailout, partly because AIG
went on to shower millions in bonuses on executives who had
caused the fiasco. But the strategy had key advantages. For instance, the
government was buying inexpensively, when most investors thought
the company mortally ill. And it could be patient. It didn’t
need repayment at once. According to one analysis, by 2012 the
U.S. government had earned all its money back and made a profit
of $15 billion, and it still owned 16 percent of a company whose
stock was selling for about $34. Similarly, with the banking system, the most direct
strategy would have been to take control of the most
overleveraged big banks, fire the top executives, strip out the
toxic assets and liquidate them slowly, and spin off new banks
with cleansed balance sheets. This approach worked well in the
U.S. savings-and-loan crisis of the 1980s and more recently for
banks in Scandinavia. Taxpayers ended up paying relatively
little, and the economy suffered minimal damage. However, like all investments, bailouts don’t always turn a
profit. The Treasury gave the big banks about $230 billion from
the Troubled Asset Relief Program and has received about $255
billion, for a gain of $25 billion. However, the smaller banks
still owe some $15 billion, and overall the public may never get
the full $700 billion back from TARP. But its cost will be far
less than pundits originally warned. Saving Goliaths So we have to counter the moral impulse to pull down
irresponsible goliaths with the economic -- and ultimately moral
-- benefits of saving them. After a financial crash, well-targeted bailouts and stimulus spending can hasten repair of the
torn network. They can keep the economy stronger, spare the
hardship of lost jobs, and earn money for taxpayers. The moral
reaction, often manipulated to political advantage, hinders such
repair work and prolongs the suffering. The government can respond by educating the public about
the nature of bailouts and thus help overcome the sense that
they are ripping money from citizens’ paychecks to cushion fat
cats from their blunders. This task may be difficult, but even
so, Barack Obama ’s administration proved deficient in it.
Indeed, in the 2010 midterm elections, the moral backlash fueled
the Tea Party and made further stimulus impossible. Repair of
the financial system then had to proceed slowly, using awkward
indirect subsidies. The problems in the financial sector begin with bad
promises at the base of the mortgage pyramid. A mortgage is a
promise of monthly payments or an early repayment in full. That
pledge is good as long as the owner can sell the house for more
than the remaining principal balance of the mortgage. But when
she no longer can -- when she owes more than the house is worth
-- the promise is in jeopardy. She may do better by defaulting.
And after 2007, falling home prices in much of Florida ,
California and elsewhere pulled millions of homeowners
“underwater.” Monthly payments stopped from those who lost
their jobs or were never able to pay to begin with. But here is the interesting and important question: What
about the underwater homeowners who can make the monthly
payments? The value of a good credit rating and the possibility
of a rebound in house prices might make it financially
advantageous for them to keep paying on homes that are worth
only slightly less than the value of their mortgage. At some
point, however, it may make bottom-line sense to walk away from
the loan. Foreclosure Threat The specter of massive foreclosures worried both
politicians and economists. As a result, the Obama
administration offered many programs to renegotiate distressed
mortgages, some carved out of TARP funds and others created
separately. And that raised questions. Is it moral to use taxpayer
money to ease the mortgages of people who should have understood
and avoided them in the first place? Doesn’t every homeowner
take a risk that the property’s value will decrease? There is a moral tension here. On the one hand, most of us
feel a desire to aid others in distress. On the other, we have
homeowners with varied levels of culpability and merit -- from
the “good people” who received typical mortgages and wound up
underwater anyway, to those who trusted lying agents and signed
mortgages with nasty provisions they didn’t know about, to those
who lied to get mortgages they couldn’t pay back. The weights
you place on helping out versus punishing in each case reflects
your moral attitude. But here, too, we have to be careful not to let our moral
instincts outweigh good policy. So what are the economic
dimensions of this situation? Businesses routinely walk away from contracts when it is
more profitable to, and we hear no uproar about it. Moreover,
the law imposes no punitive damages on anyone breaking a
contract (in most cases). If you default, you pay only for the
harm you cause, and the courts pass no moral judgment on you.
The rationale is that our economy ultimately benefits, since
business moves faster and more nimbly. Homeowners whose mortgages are sufficiently underwater are
in a similar situation. By defaulting, they can enjoy living in
a home at lower cost, even taking into account the impact on
their personal credit rating and the loss of the tax advantages
from home ownership. And, they may argue, what’s the harm to
anyone else? But this dynamic changes when a tide of defaults looms. The
more defaults, the more foreclosures, and they bring down the
price of all homes nearby. If foreclosures are nationwide,
people’s wealth drops significantly. They can’t get home-equity
mortgages, for instance. At the same time, as housing prices
fall, owners get deeper underwater and default looks more and
more appealing. So while an individual default here and there
does not affect society much, a rash of them does. Yet if you
lighten too many mortgage burdens, as the Obama administration
proposed to do, you lower income for the banks and make them
less likely to lend. And that damage radiates, too. Default Decisions So what actually happened? Intriguingly, despite the dire predictions, most underwater
homeowners chose not to default. Recent research suggests that
the reasons were mainly moral. Many homeowners apparently didn’t
want the guilt and shame from skipping out on the deal. Perhaps,
too, they didn’t want to hurt their neighbors by abandoning
their current home and contributing to neighborhood blight. At the same time, the federal aid programs had few takers.
For instance, the Homeowner Affordability and Stability Plan,
announced in February 2009, sought to help as many as 9 million
homeowners to avoid foreclosure. However, far less than 10
percent have received any substantial relief, while about 4
million people lost their homes to foreclosure from 2007 to
early 2012. And many of those losses have been processed
improperly, in some cases fraudulently, to the banks’ advantage. These foreclosure problems are doubtless due partly to the
complexities higher up the food chain. But we share the opinion
of many commentators that the larger problem is political. The
financial industry spends more money on lobbying and campaign
contributions than any other industry except health care, and it
seems to get an excellent return on its investment. The industry
opposed the mortgage-renegotiation programs, and then Treasury
Secretary Timothy Geithner did little to get them off the
ground. (Daniel Friedman is a professor of economics at the
University of California at Santa Cruz. Daniel McNeill is the
author of “Fuzzy Logic.” This is the second of two excerpts from
the second edition of their book “Morals and Markets: The
Dangerous Balance,” to be published June 11 by Palgrave
MacMillan.) To contact the writers of this article:
Daniel Friedman at danqfrie@gmail.com .
Daniel McNeill at dmcn@earthlink.net . To contact the editor responsible for this article:
Mary Duenwald at mduenwald@bloomberg.net | NEWS-MULTISOURCE |
Talk:List of submissions to the 85th Academy Awards for Best Foreign Language Film
Flags
I'd like to talk about the presence of flags in the "Other Countries" section. These flags had been present on previous pages for years until a certain user took it upon him/herself to delete them all. Some users have pointed to MOS Flags guidelines which note that "flag icons should only be inserted in infoboxes in those cases where they convey information in addition to the text. Flag icons are visually distracting in infoboxes and lead to unnecessary disputes when over-used. Examples of acceptable exceptions would be military battle infoboxes templates and infoboxes that include international competitions, such as FIFA World Cup or the Olympic Games."
The Academy Award for Best Foreign Language Film is formally awarded to the country itself. The director of the winning film accepts the award on behalf of the country. It is my view that the competition enumerated in these pages is an international competition. Among the cases where you can see flags in Infoboxes include http://en.wikipedia.org/wiki/Miss_World_2010, http://en.wikipedia.org/wiki/Eurovision_2013, http://en.wikipedia.org/wiki/1980_Summer_Olympics_boycott#Non-participating_countries, http://en.wikipedia.org/wiki/1980_Summer_Olympics_boycott#Non-participating_countries and, until you changed longstanding practice, http://en.wikipedia.org/wiki/List_of_submissions_to_the_82nd_Academy_Awards_for_Best_Foreign_Language_Film. These are just examples that I have found in the past five minutes but I'm happy to look for others.
It would clearly be inappropriate to have a sentence in a Infobox that states:
The 🇬🇧 and 🇫🇷 fought in World War II against 🇩🇪 and 🇯🇵.
In this case (per MOS Flags guidelines) the flags are clearly being inserted in the prose in a distracting manner. However, in this case, the flags are being used as bullet points. I believe they make the page more visually appealing and easier to read, and it also complies with past editions of the pages. I have created these pages and while this clearly conveys no sort of ownership, one user in particular has seen fit to make changes and refused repeated attempts to discuss the matter amicably, even though s/he has in the past thanked me for all my hard work on the pages. He now refers to me as a vandal for trying to express my view.
I'd like to remind some users that Wikipedia defines vandalism as "any addition, removal, or change of content in a deliberate attempt to compromise the integrity of Wikipedia...Even if misguided, willfully against consensus, or disruptive, any good-faith effort to improve the encyclopedia is not vandalism.". Mislabelling good-faith edits as vandalism can be considered harmful and callously changing edits and refusing to respond to repeated efforts to cordially solve a dispute constitute inappropriate Wiki behavior.
Most/all of these flags will disappear in three weeks when the official list comes out and the submissions are all settled. So, this should not become such a contentious issue.
Can we please use this talk page to discuss? Thank you!
WP:MOSFLAG clearly states:
Do not emphasize nationality without good reason
Wikipedia is not a place for nationalistic pride. Flags are visually striking, and placing a national flag next to something can make its nationality or location seem to be of greater significance than other things.
Ask yourself this - would this article pass the criteria for a Featured List with those flags? The correct answer is no. Two editors have reverted your vandalism. Please stop. Lugnuts And the horse 18:49, 25 September 2012 (UTC)
Thanks for the response.
I agree that wikipedia is not a place for nationalistic pride but since flags are included for the other countries in the section, I don't see why it is more nationalistic to put a South African flag in "Other Countries" versus an Estonian flag in the list. It seems clearly from looking at other pages that it is not considered prose when flags are used as effective bullet points. And two editors have reversed your edits as well. Happy to discuss amicably. I've already explained the definition of vandalism but you clearly do not agree on the approved wikipedia definition. I have created and added a great deal of information to the page over the past few days and my edits are clearly in good-faith.
I don't believe the flag issue has any bearing on whether this would qualify as a Featured List or not. Wikipedia mediation already described this dispute as "frivolous" and since you initiated the changes, I must say I agree. Adtran (talk) 22:52, 25 September 2012 (UTC)
* Well you're clearly going against the policy. Please stop. Lugnuts And the horse 18:02, 26 September 2012 (UTC)
I've laid out succinct arguments why I believe the edits are justified, using numerous examples. Simply saying "it's against policy" is not a valid reason since I have laid out what I believe to be strong arguments why it is actually consistent with policy. If you disagree, please explain why. YOU DO NOT OWN THIS PAGE (just as I do not). Also, your clear lack of understanding of the word 'vandalism' and your use of slanderous remarks in the edits section towards an editor trying to resolve a dispute in good faith in line with wikipedia guidelines is inappropriate. — Preceding unsigned comment added by Adtran (talk • contribs) 19:51, 27 September 2012 (UTC)
* No, you're clearly going against a policy. Please don't try and hide behind the above bullshit you've written to hide your vandalism. Thanks. Lugnuts And the horse 18:07, 28 September 2012 (UTC)
Other countries
I've added this from the main article for future references (esp. for the films that don't make it). Lugnuts And the horse 19:08, 4 September 2012 (UTC)
Brazil announced a shortlist of sixteen films: À Beira do Caminho (Breno Silveira), Billi Pig (José Eduardo Belmonte), Capitães da Areia (Cecília Amado and Guy Gonçalves), Colegas (Marcelo Galvão), Corações Sujos (Vicente Amorim), Dois Coelhos (Afonso Poyart), Heleno (José Henrique Fonseca), Elvis & Madona (Marcelo Laffitte), Histórias Que Só Existem Quando Lembradas (Júlia Murat), Luz nas Trevas (Helena Ignez), Menos Que Nada (Carlos Gerbase), Meu País (André Ristum), O Carteiro (Reginaldo Faria), O Palhaço (Selton Mello), Paraísos Artificiais (Marcos Prado) and Xingu (Cao Hamburger). ; with the final nominee to be announced on September 20
Chile announced a four-film shortlist- Bonsai, No, Old Cats and Sal.
Denmark announced a three-film shortlist- Bille August's Marie Krøyer, Susanne Bier's Love Is All You Need and Nikolaj Arcel's A Royal Affair. The final Danish nominee will be named on September 18, 2012.
Hungary announced a six-film shortlist- Adventure, The Exam, Istanbul, Just the Wind, The Maiden Danced to Death and S.O.S Love! The Million Dollar Contract.
Iceland announced that five eligible films were being considered- Black's Game (Óskar Þór Axelsson), City State (Ólafur Jóhannesson), The Deep (Baltasar Kormákur), Frost (Reynir Lyngdal) and Legends of Valhalla: Thor (Óskar Jónasson). Iceland will announce their official submission sometime after voting is completed on September 24.
Israel automatically chooses the winner of the Best Picture Award at the Ophir Awards. The nominees are The Ballad of the Weeping Spring, Fill the Void, God's Neighbors, Rock the Kasbah and The World is Funny The winner will be announced in September 2012.
Italy chose a commission of nine members, including director Paolo Sorrentino, that will announce the Italian film in a shortlist of films sent by distributors until September 14th. The possible films are Caesar Must Die (Paolo and Vittorio Taviani), Diaz - Don't Clean Up This Blood (Daniele Vicari), Dormant Beauty (Marco Bellocchio), È stato il figlio (Daniele Ciprì), The First Man (Gianni Amelio), Piazza Fontana: The Italian Conspiracy (Marco Tullio Giordana) and Reality (Matteo Garrone).
Norway announced a three-film shortlist Kon-Tiki, I Belong and The Orheim Company. The winner will be announced on September 13th.
South Korea announced a five-film shortlist- In Another Country (Hong Sang-soo), Masquerade (Choo Chang-min), Nameless Gangster (Yun Jong-bin), Pieta (Kim Ki-duk) and The Taste of Money (Im Sang-soo).
Mexico announced a shortlist of seven films: Aquí entre nos, Colosio El asesinato, Después de Lucía, El fantástico mundo de Juan Orol, El lugar más pequeño, Pastorela and Post Tenebras Lux. Voting ends on September 14, with a winner to be announced on September 19.
Peru announced that it would be considering six eligible films to be the official Peruvian nominee including four live-action films- The Bad Intentions, Cielo oscuro, El buen Pedro and Reshinn, sangre de anaconda and two animated films- Lars y el misterio del portal and Los ilusionautas. The official Oscar submission is to be named on September 26.
Philippines announced a shortlist of seven films: Captive, The Dance of Two Left Feet, Manila Kingpin: The Asiong Salonga Story, A Mother's Story, Palawan Fate, Segunda Mano, and The Witness.
Russia announced an eleven-film shortlist- The Conductor, Faust, Home, The Horde, Kokoko, Match, Shapito-shou, Siberia Mon Amour, Twilight Portrait, Vysotsky. Thank You For Being Alive and The White Tiger. The official Russian Oscar candidate will be named on September 21, 2012.
Switzerland announced a shortlist of five films: The Foster Boy (Markus Imboden), Lullaby Ride (Christoph Schaub), Opération Libertad (Nicolas Wadimoff), Sister (Ursula Meier) and Someone Like Me (Xavier Koller), with the final nominee to be announced at the Delémont-Hollywood Film Festival on September 22.
Brazil, Spain and Argentina confirmed their participation, with their official submissions to be announced on September 20, September 27 and September 28 respectively.
Bangladesh, the Dominican Republic and India confirmed their participation.
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>>>FYROM
The name "Former Yugoslav Republic of Macedonia" is used here. Should it be left that way, or updated to "North Macedonia"? I don't think that North Macedonia ever actually used the FYROM name for itself. Now, I know that North Macedonia was not called that back when the film was released, but does that matter? It's not a different country now just because its official name is different. Kelisi (talk) 20:33, 4 June 2021 (UTC) | WIKI |
Phlegmonous
Also found in: Medical.
Related to Phlegmonous: phlegmonous gastritis
Phleg´mon`ous
a.1.Having the nature or properties of phlegmon; as, phlegmonous pneumonia.
Mentioned in ?
References in periodicals archive ?
In the differential diagnosis of upper gut GvHD, nauseating drugs, the effects of the conditioning regimen, herpes virus, Helicobacter pylori, and phlegmonous gastritis are important, whereas in lower gut GvHD, the effects of the conditioning regimen, viral infections (e.g., CMV, adenovirus, etc.), bacterial infections (Clostridium difficile, etc.), parasitic infections (Giardia lamblia, Cryptosporidia, etc.) and drugs should be considered (14,15).
The scoring presented in the study was reported to be associated with operating time, intensive care requirement, and length of hospital stay; however, it was not related to complication rate or the rate of conversion to open surgery.15 Similarly, Borzellino et al., described the criteria for the differential diagnosis of gangrenous and phlegmonous cholecystitis in AC cases.
Hence, an extensive and phlegmonous craniocervical infection originating from the area of the superior cervical ganglion was diagnosed.
(b) Axial T1 fat-saturated postcontrast image demonstrates central hypoenhancement correlating with T2 hyperintense phlegmonous collection (c).
Although a part of the patient's left lower leg appeared slightly red in the operating room, we mistakenly assumed that the presence of mild phlegmonous changes was not associated with the abdominal cavity findings.
Elevated serum bilirubin levels in acute appendicitis can either appear as a result of bacteraemia or endotoxinaemia, both possible in the catarrhal and phlegmonous forms as well as in the gangrenous or perforated ones.
It was phlegmonous from the tip of the appendix and joined through retroperitoneum to the liver capsule (Figure 3).
Operative findings showed a contained perforation of a phlegmonous appendicitis with purulent ascites, and appendectomy was performed.
Frequencies of acutely inflamed, gangrenous and perforated appendix among 130 female patients admitted for acute appendicitis Appendix Frequency % Non-inflamed 27 20.8 Phlegmonous 68 52.3 Gangrenous 19 14.6 Perforated 16 12.3 Total 130 100.0 Table 3.
At the hospital, the patient's CT results found phlegmonous appendicitis (see Figures 2 and 3).
Based on the pathology results, data was divided into 3 groups: uncomplicated AA (uncomplicated; AA without peritonitis or phlegmonous appendicitis); complicated appendicitis (perforated, plastrone, necrotising appendicitis and appendicitis with peritonitis); and non-appendicitis (normal appendix, and reactive lymph node hyperplasia) cases. | ESSENTIALAI-STEM |
DCS on linux
From DCS World Wiki - Hoggitworld.com
DCS can be made to run on linux. You will need to use either wine or proton to make it work, as there is no native client. Overall it does work reasonably well. Compared to running DCS on Windows, the performance is slightly reduced, but decent. It doesn't matter if you use Gnome or KDE, but please be aware that there are many hotkeys in Gnome which use modifiers that collide with DCS default key assignments. DCS is known to run well on Ubuntu, OpenSUSE and Fedora and is likely to run well on many other distributions also. See the FAQ and external references for more info on known problems and how to fix them.
Setting Up DCS
Using Wine
You can check out https://github.com/TheZoq2/dcs_on_linux for tips and tricks for running DCS Standalone on linux.
You can also try to use Lutris to make installation easier. See: https://lutris.net/games/dcs-world/ Please note that scripts tend to get out of date over time.
Using Proton
This option requires that you have bought your DCS modules on Steam. This guide assumes an installation of Steam using the native package manager for your distribution. This option is available for most distributions. Alternatively you can use the Flatpak version of steam, but it is known to cause problems when using extra software like SRS or opentrack due to how security is managed in Flatpak.
At the time of writing (february 2024) the following steps are confirmed to be working on OpenSUSE Tumbleweed while using KDE and on Kubuntu 22.04.3. You might notice here that the description is basically about linux with KDE. The reason is that this is what you'll probably want to use this anyway, as there are a lot of keystrokes in DCS which interfere with Gnome's global hotkeys.
Install steps:
1. Enable compatibility mode for DCS: Go to your library, right click on DCS and select the properties menu item from the context menu. Then open the compatibility tab and enable the tick-box for enabling the compatibility mode in the settings. Setting the proton version to "Proton Experimental" as the version usually works best.
2. Install the game via steam, now that this has become possible.
3. If you get an error with compiling the shaders during startup, you'll need to install the proper d3d compiler into the Proton prefix for the game. (this applies for 99% of users) You will need to install "protontricks"[1] so you can install extra libraries into the Proton prefix for DCS. This is available for most linux distributions, but is not always part of the distribution's own packages. It's best to first check the package manager to see if it is available. If it is not, then look for alternative ways to install it for your specific distribution by using your favourite search engine. The version required changes from time to time. At the time of writing, the version to use is "d3dcompiler_47". You can use following protontricks command to fix the compiler problem:
protontricks 223750 d3dcompiler_47
4. Sometimes proton doesn't load properly or seems to hang during loading, resulting in a borked startup. You can try to set up the following launch options in the "General" of the properties in steam:
WINEDLLOVERRIDES='wbemprox=n' %command%
. Note: this step doesn't seem to be necessary any longer for many, but some still need to have it in their launch options.
DCS should now start up normally.
FAQ / troubleshooting
Q: I have my Proton version set to 'Experimental', as was recommended. Now my DCS install refuses to work after installing a Proton update. What should I do?
A: Sometimes a newer version of Proton, which gets installed automatically if you have the version selection set to experimental, causes things to break. If you find all of a sudden that you can't get DCS running, and you have recently installed an update for Proton while having Experimental selected as the version to use, then consider running one of the fixed versions of Proton available in the drop-down list under the compatibility options.
Q: I get the error "Authorization error. Error code is: 500" while starting up DCS and I don´t have access to my modules now?
A: This is a general issue with DCS, but it is more prevalent on linux. DCS checks if your clock matches the reported time zone for your IP address. On linux the clock might be skewed because it handles time settings a little differently than windows does. Make sure you have your clock set up correctly before starting DCS. [2] If you dual boot, then make sure that your bios uses UTC and that windows is set up to use an offset to UTC instead of setting the time in the bios clock. (search for "How to Fix Windows and Linux Showing Different Times" if you don't know how to)
Q: There are textures which are not shown properly while in the game.
A: Yes, this happens with certain modules. For instance, in the Ka-50 III the Skval is not usable because of this problem. The RWR in the F-16C is also affected. A re-export of the image file with an image editor in the same file format might fix this. [3] Unfortunately this fix breaks the integrity check for multiplayer.
Q: The contrails are puffy?
A: This is a known and persistent problem. Unfortunately there is no fix available. Hopefully this will be fixed with the introduction of Vulkan to DCS.
Q: One of my input devices is not showing up in DCS, even though I can see it in the game controller application in KDE?
A: This is a problem with how the udev subsystem in linux scans for usb devices and categorises them in "/dev/input/by-id/" and then in turn how wine/proton scans for devices based on their names in that same directory. You will need to add a rule which tells udev to categorise the device properly, so that wine/proton knows it is a joystick device and which properties it has. This is done by adding a file to "/etc/udev/rules.d/". The file needs to have a name starting with a number, and this number actually means something, as it denotes the priority of the file in the udev loading sequence. This can be different from system to system, but somewhere in the 30 to 50 range seems to work well. Each line in the file describes what attributes of a device that you want to modify.
As an example for the Saitek Pro Flight Rudder Pedals, you can use the following: Create a file called "51-rudder-pedals.rules" as the root user, and inside the file, use the following line:
SUBSYSTEMS=="input", ATTRS{name}=="Saitek Saitek Pro Flight Rudder Pedals", ENV{ID_INPUT_JOYSTICK}="1"
Save the file and reload the udev rules after creating and editing this file. If you don't know how to, you can also restart the computer to get it to work. In this example we changed the name for "Saitek Saitek Pro Flight Rudder Pedals" so that the device id ends with the "-joystick" suffix. You can also add calibration data and other options. For a more elaborate explanations or help, try searching the web or ask around.
Q: Where can I get help with installing DCS on linux?
A: You can get help/support for running DCS on linux on https://old.reddit.com/r/hoggit and on the matrix channel linked below. Please note that this is on a best effort basis. In the end you still have to fix it yourself, but others might come up with suggestions you had not thought of.(..yet)
VR
This can be made to work, but it depends on the HMD support for linux. The requirement is that your HMD can run with OpenXR. The Valve Index and some standalone HMDs with linux support are your best bet. Certain WMR HMDs can be made to run trough Monado[4], but often support for controllers is lacking. Ask around if you need help.
Head Tracking
Head tracking has transformed flight simming ever since its first appearance about 20 years ago. Using DCS without it is almost inconceivable nowadays.
opentrack
The most widely used program to do head tracking is opentrack. Opentrack can de made to run under Proton using the Opentrack-launcher script[5]. This script downloads the latest version of opentrack at the time of first launch. This will opentrack run by adding a commandline option to the steam launcher. It works great for most users.
If somehow the opentrack-launcher script doesn´t work you can also try to use a double installation. One inside the wine or proton prefix, and one outside the prefix. You then use the local loop network connection for data transfer.
Another possible option is to use a tool called SteamTinkerLaunch[6] to run multiple programs inside the same prefix.
linuxtrack
If for some reason you can't get opentrack to run, or you have another reason that you don't like to run opentrack, you can check out linuxtrack[7]
SRS
Some have reported that SRS can work if installed via wine or proton, but there are no good guides on this which are current. Ask around to find out more.
Useful resources:
https://github.com/TheZoq2/dcs_on_linux : Git documentation for running DCS using Wine.
https://www.protondb.com/app/223750 : ProtonDB page for DCS.
https://matrix.to/#/#dcs-on-linux:matrix.org : A matrix space to discuss running DCS on linux. Matrix is kind of a counterpart to Discord that does respect your privacy.
Final remarks:
1. This article is updated from time to time, but not very frequently, not very regularly. Please contact the author(s) via their contact pages for feedback.
2. This article describes steps to install DCS on linux mainly for Proton/steam users and refers to external sources for installation via a Wine prefix. Please consider adding to this article if you have experience installing DCS standalone with Wine. See the discussion page for discussions about the content of this article. | ESSENTIALAI-STEM |
Nutrition for Joint Health
olive-oil-968657_640
When it comes to strengthening the spine, food is one of your most formidable allies. Nutrition is fun because you can apply it to whatever scale you are thinking about: as chiropractors, we find nutrition to be particularly helpful in managing the health of joints. Joint aching and pain is generally thought of as a problem for the elderly. Recent studies show that it is much more prolific: arthritis, which is a blanket term to include all kinds of conditions that cause joint pain and stiffness, can affect people of all ages. When eating to keep your joints healthy, the focus should be on consuming anti-inflammatory ingredients which strengthen the bones and boost the immune system. This gives you your best shot at keeping your joints healthy into old age.
Joint-friendly foods: what to eat and what to avoid to harness the power of nutrition for your well-being.
Thumbs-up
• Fish oil, derived from fatty fish. Omega-3 fatty acids are great at fighting inflammation that keeps you stiff and sore.
• Low-fat milk helps to fortify bones that grow brittle with age.
• Olive oil lowers the amount of inflammatory enzymes in the body.
Thumbs-down
• Soda
• Foods high in saturated fat actually conduce inflammation. Sorry, bacon.
• Trans-fat and processed sugars contribute to weight gain and inflammation
Also keep in mind, the more you move the less joints will hurt. This can be rather difficult because pain often prevents you from moving, but give our a call and find out how we can reduce the pain you experience and get you moving again to create a positive feedback loop. | ESSENTIALAI-STEM |
John Fullerton
John Fullerton may refer to:
* John Fullerton, Lord Fullerton (1775–1853), Scottish judge
* Sir John Fullerton (Royal Navy officer) (1840–1918), British Royal Navy officer and courtier
* John Fullerton (politician) (1912–1965), politician in Ontario, Canada
* John B. Fullerton, American financier | WIKI |
2,N,N-TMT
2,N,N-trimethyltryptamine, 2,N,N-TMT, or 2-Me-DMT is a tryptamine derivative that is a psychedelic drug. It was invented by Alexander Shulgin and reported in his book TiHKAL (#34). It is claimed to show psychoactive effects at a dosage of 50–100 mg orally, but these are relatively mild compared to other similar drugs, suggesting that while the 2-methyl group has blocked the binding of metabolic enzymes, it is also interfering with binding to the 5HT2A receptor target that mediates the hallucinogenic effects of these drugs.
Legal status
Sweden's public health agency suggested classifying 2-Me-DMT as a hazardous substance, on May 15, 2019. | WIKI |
OpenCover results not pushed to SonarQube
Hi,
I have a build where I run some tests and then instrument the code with OpenCoverage to produce a coverage report which I would like to push to SonarQube.
This is a C sharp project and the build is using the MSBuild engine; the tests are run with XUnit; the coverage results are produced with OpenCover. The three of these tools are run through Cake build’s API.
While the Code Analysis task is run (in the TFS server), a warning is printed to the log stating that coverage has been skipped because OpenCover was not found.
WARNING: Failed to find the code coverage command line tool. Possible cause: Visual Studio is not installed, or the installed version does not support code coverage.
Unfortunately installing Visual Studio in the agent is not an option for me.
The OpenCover executable is loaded as a tool in the Cake runtime folder and the coverage task does produce a correct file with the results.
So, I believe I’ve got two options to solve this, in order of what I feel is best for my case, they are:
1. Push the coverage results file produced in the coverage task to SonarQube.
2. Tell SonarQube that the OpenCover executable is not in the default location it’s looking for but in the Cake’s tool path.
Are there any other options?
How could I accomplish one and two?
Thanks,
Ivan
Problem was the paths were not generated correctly.
Updated (my TFS configuration) to:
sonar.cs.xunit.reportsPaths=(Build.Repository.LocalPath)\coverage\test-run-report.xml sonar.cs.opencover.reportsPaths=(Build.Repository.LocalPath)\coverage\coverage-report.xml | ESSENTIALAI-STEM |
Aetnaville Bridge
The Aetnaville Bridge is a through truss bridge spanning the back channel of the Ohio River between Bridgeport, Ohio and Wheeling, West Virginia. The bridge was built in December 1891 and used for vehicular traffic until December 1988, when it was closed to cars due to safety concerns. The structure was used by pedestrians until its complete closure in 2016.
During the late 1800's and early 1900's, the bridge was used for streetcars until service ceased in 1937. The bridge is now used mostly as a way for pedestrians, bicyclists, and joggers, to cross without having to go all the way around to the new Bridgeport Bridge. The bridge was closed from October 19 to 23, 2015, to be evaluated for safety. Local residents are fighting to save this bridge, because it is a popular pedestrian footwalk, and part of a proposed bicycle and jogging trail. As of January 20, 2016, there have been metal fences barricading the bridge pending further decision-making as to how to proceed with possible repairs. | WIKI |
R&D
28
2023
-
08
Custom Titanium Parts: A Guide to Understanding the Essential Aspects of Titanium Materials in the Metallurgical, Minerals, and Energy Industries
Classification:
【Summary Description】Introduction: In the metallurgical, minerals, and energy industries, the demand for high-quality and durable materials is paramount. Titanium, a versatile metal known for its strength and corrosion resistance, has become increasingly popular. This guide aims to provide professionals in these industries with essential knowledge about custom titanium parts, their properties, and applications. Unders
Introduction:
In the metallurgical, minerals, and energy industries, the demand for high-quality and durable materials is paramount. Titanium, a versatile metal known for its strength and corrosion resistance, has become increasingly popular. This guide aims to provide professionals in these industries with essential knowledge about custom titanium parts, their properties, and applications.
Understanding Titanium:
1. What is Titanium?
Titanium is a chemical element characterized by its high strength-to-weight ratio, making it ideal for applications requiring both strength and lightness. It is commonly used in aerospace, medical, and industrial sectors.
2. Properties of Titanium:
- Excellent Corrosion Resistance: Titanium is highly resistant to corrosion, even in harsh environments, making it suitable for marine and chemical processing applications.
- High Strength: Despite its low density, titanium possesses exceptional strength, making it an excellent choice for structural applications.
- Heat Resistance: Titanium can withstand extreme temperatures without losing its strength, making it suitable for high-temperature applications.
- Biocompatibility: Titanium is biologically inert, making it ideal for medical implants and surgical instruments.
- Non-magnetic: Unlike many metals, titanium is non-magnetic, which is advantageous in various industries.
Applications of Custom Titanium Parts:
1. Aerospace Industry:
Titanium's high strength, low density, and excellent corrosion resistance make it a preferred choice for aircraft components, such as landing gear, engine parts, and structural components.
2. Medical Sector:
Due to its biocompatibility and corrosion resistance, titanium is extensively used in medical implants, such as joint replacements, dental implants, and bone plates.
3. Chemical Processing:
Titanium's resistance to corrosion in aggressive chemicals makes it ideal for chemical processing equipment, including heat exchangers, reactors, and piping systems.
4. Energy Sector:
In the energy industry, titanium is utilized in power generation equipment, such as gas turbines, heat exchangers, and condensers, due to its high strength and corrosion resistance.
5. Sports and Recreation:
Titanium's lightweight nature and durability make it popular in sports equipment production, including bicycle frames, tennis rackets, and golf clubs.
Conclusion:
Custom titanium parts offer a range of benefits for professionals in the metallurgical, minerals, and energy industries. Their exceptional properties, including high strength, corrosion resistance, and biocompatibility, make them suitable for diverse applications. By understanding the unique characteristics of titanium materials, industry professionals can make informed decisions and harness the advantages of this remarkable metal in their respective fields. | ESSENTIALAI-STEM |
Topic: Going nuts trying to test a simple GET controller
Hi,
I have a simple controller that responds to GET requests and accepts a query parameter. I am trying to write a test that calls it and I am getting 406 errors back from it. In my controller, I have:
respond_to :json
In my test, if I call this way:
get :index, :format => :json
It passes the right header and I get in. If, however, I attempt to pass a parameter like this:
get :index, { my_param_value => 'foo' }, :format => :json
It does pass the parameter (I see this by calling inspect on response) but it does not pass the right header for Content-Type. If I call inspect on response when I don't pass the parameter (i.e. the first call above), I see that it sets Content-Type to application/json as it should. When I pass the parameter, it sets Content-Type to text/html.
I'm completely baffled and would LOVE some help from the smart people.
Thanks!
Re: Going nuts trying to test a simple GET controller
I solved my own problem. I need to call get like this:
get :index, {my_param_value => 'foo', :format => :json}
And that solved my problem. Doesn't make any kind of syntactical sense to me but hey. I'll roll with it. | ESSENTIALAI-STEM |
Hamacho Station
Hamacho Station (浜町駅) is a subway station on the Toei Shinjuku Line in Chūō, Tokyo, Japan, operated by Tokyo Metropolitan Bureau of Transportation (Toei). The station opened on December 21, 1978, and it is numbered "S-10".
Lines
Hamacho Station is served by the Toei Shinjuku Line, and lies 8.7 km from the starting point of the line at Shinjuku.
Layout
Hamacho Station has a single underground island platform serving two tracks.
History
The station opened on 21 December 1978.
Passenger statistics
In fiscal 2011, the station was used by an average of 21,426 passengers daily.
Surrounding area
The station is located underneath Hamachō Park bordering the Sumida River. The Shuto Expressway No. 6 Mukōjima Line runs to the east. The area is a mix of mid-rise office buildings and scattered apartment buildings. The Meiji-za theatre is a short walk to the west. Other points of interest include:
* SSP Co., Ltd. headquarters
* Kagome Co., Ltd. Tokyo headquarters
* Shin-Ōhashi and Kiyosubashi bridges
* Chūō Municipal Comprehensive Sports Center
* Chūō Municipal Nihonbashi Junior High School
* Hisamatsu Police Station
* Tokyo Television Center
* Button Museum
Connecting bus service
Toei Bus: Hisamatsuchō
* Aki 26 for Kasai Station
* Edo Bus (Chūō City Community Bus): Hamachō-Eki (Meijiza-mae)
* North Loop for Chūō city hall | WIKI |
List of University of Detroit Mercy people
The following is a list of notable people associated with the University of Detroit Mercy, located in Detroit, Michigan.
Academics
* Andreas Blass, mathematician and professor at University of Michigan
* Kevin Boyle, winner of 2004 National Book Award for Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age; Professor of History at Ohio State University
* Thomas Budzynski, psychologist and a pioneer in the field of biofeedback
* John A. DiBiaggio, former president of University of Connecticut, Michigan State University and Tufts University
* Dudley Randall, poet, librarian, poet-in-residence
Acting, theater, film and television
* Anita Barone, actress
* Phil Cousineau, author, lecturer, independent scholar, screenwriter, and documentary filmmaker
* Pamela Anne Eldred, Miss America 1970
* David Patrick Kelly, actor
* Keegan-Michael Key, actor (Key & Peele, madTV, Animal Planet)
* Connie Kreski (Kornacki), actress, 1969 Playboy Playmate of the Year
* Allison Payne, news anchor
* Ted Raimi, actor, best known for his roles on seaQuest DSV and Xena: Warrior Princess
* Amy Yasbeck, actress
Business
* W. James Farrell, Chairman and CEO, Illinois Tool Works, 1995–2005
* A. C. Muthiah, Chairman-Emeritus of Southern Petrochemical Industries Limited (SPIC); Chairman of Sri Venkateswara College of Engineering (SVCE)
* Thomas Thewes, co-founder, Compuware Corporation
Engineering
* J. Thomas McCarthy, internationally recognized authority in the field of trademarks
* Otmar Szafnauer, Former Team Principal Alpine F1 Team; former COO of Sahara Force India Formula 1 Team; former programs manager at Ford
Journalism and writing
* Bill Bonds, former longtime anchor of WXYZ-TV news
* Ron Fournier, Associated Press, chief of Washington bureau
* Elmore Leonard, author, several of whose books have been made into movies, such as Get Shorty, Be Cool, and The Big Bounce
* J. P. McCarthy, former radio host on Detroit station WJR
* George Noory, syndicated radio talk show host (Coast to Coast AM)
* Allison Payne, former anchorwoman with WGN-TV, Chicago
Government and politics
* Richard Arrington, Jr., first African American mayor of Birmingham, Alabama
* Donald W. Banner, former United States Commissioner of Patents and Trademarks
* Kyra Harris Bolden, Justice of the Michigan Supreme Court
* Thomas E. Brennan, Justice of the Michigan Supreme Court (1967–1973); served as Chief Justice 1969–1970; founded the Thomas M. Cooley Law School
* Vincent M. Brennan, Michigan politician
* James H. Brickley, 54th and 56th Lieutenant Governor of Michigan and a justice of the Michigan Supreme Court 1982–1999
* Tina Brooks Green, Chief Judge of the 34th District Court, Romulus, Michigan
* Vern Buchanan, Republican Congressman representing Florida's 16th congressional district
* Tim Burns, Michigan politician
* Pamela Carter, 38th Indiana Attorney General (1993–1997)
* Jerome Cavanagh, Mayor of Detroit, 1962–1970
* Michael F. Cavanagh, Justice of the Michigan Supreme Court, 1982–2014 (served as Chief Justice 1991–1995)
* Bob Constan, Michigan State House of Representatives
* Maura D. Corrigan, director, Michigan Department of Human Services; former Justice of the Michigan Supreme Court, 1998–2011 (served as Chief Justice 2001–2004)
* George Cushingberry, Jr., Michigan House of Representatives
* James Dinkins, Executive Associate Director of Homeland Security Investigations 2010–2014
* Robert A. Ficano, county executive of Wayne County, Michigan, 2013–2015
* Roman S. Gribbs, mayor of Detroit, 1970–1974, Judge of the Michigan Court of Appeals
* Frank J. Kelley, longest-serving Attorney General in Michigan history (1961–1998)
* Theodore Levin, U.S. District Court Judge (1946–1970); father of Charles and Joseph Levin; uncle of Senator Carl Levin and Representative Sander Levin
* Greg Mathis, retired Michigan 36th District Court judge and syndicated television show judge
* E. Michael McCann, former Milwaukee County District Attorney
* Thaddeus McCotter, former Member of the U.S. House of Representatives from Michigan's 11th congressional district (2003–2012)
* Zenaida Moya, Mayor of Belize City, Belize, 2006–2012
* L. Brooks Patterson, lawyer and politician, formerly the County Executive of Oakland County, Michigan
* Gary Peters, United States Senator from Michigan, former member of the U.S. House of Representatives from Michigan's 9th congressional district
* Haider Abbas Rizvi, former member of the National Assembly of Pakistan; a senior leader of the Muttahida Qaumi Movement (MQM) party
* James L. Ryan, retired Justice of the Michigan Supreme Court, 1975–1985; Judge of the U.S. Court of Appeals, 6th Circuit, 1985–present
* Thomas Patrick Thornton, United States Federal Judge
Military and space
* Richard F. Abel, former United States Air Force brig. general
* Paul Bikle, former director of the NASA Flight Research Center
* Robert J. Elder, Jr, former United States Air Force lt. general
* Glynn Lunney, NASA flight director
Religion
* Joseph M. Breitenbeck, eighth Bishop of Grand Rapids, 1969–1989
* Joseph Cassidy, Anglican priest
* Gary Habermas, PhD, philosophical theologian and apologist; defender of Christ's historical Resurrection
* Dario Hunter, first Muslim-born person to be ordained a rabbi
* Dale Joseph Melczek, third Bishop of Gary, since 1996
* Robert A. Mitchell, 1st Chancellor of University of Detroit Mercy (1990–1992)
* Steven J. Raica, fifth Bishop of Gaylord, since 2014
* Francis R. Reiss, auxiliary Bishop of Detroit, since 2003
* Jane Dewar Schaberg (1977–2012), Professor of Religious Studies and Women's Studies
Sports
* Grady Alderman, offensive lineman for 1969 NFL champion Minnesota Vikings and General Manager of Denver Broncos
* John Barrett (1899–1966), professional football player
* Dan Boisture (1925–2007), coach of Eastern Michigan (1967–73) and Detroit Wheels (1974) football teams
* Lloyd Brazil (1906–1965), U of D coach and athletic director
* Frank Bucher (1900–1970), professional football player
* Wes Carlson, professional football player
* Walt Cassidy (1899–1944), professional football player
* Gus Cifelli (1926–2009), football player for Notre Dame and 1952 NFL champion Detroit Lions
* Earl Cureton, NBA player for Philadelphia 76ers, Houston Rockets, Detroit Pistons, 2-time NBA champion
* Dave DeBusschere (1940–2003), NBA Hall of Fame, played basketball for Detroit Pistons and New York Knicks, coach of Pistons; also played baseball for Chicago White Sox
* Terry Duerod, former NBA player, Detroit Pistons, Boston Celtics
* Bill Ebben, former NBA player
* Andrew "Anvil Andy" Farkas (1916–2001), player for 1942 NFL champion Washington Redskins
* Tom Finnin, former NFL player for Baltimore Colts
* Willie Green, basketball player for NBA's Orlando Magic, assistant coach Golden State Warriors, head coach New Orleans Pelicans.
* Jody Handley, soccer player for England women's national football team
* Spencer Haywood, U of D basketball player, Olympic gold medalist, 4-time NBA All-Star, Basketball Hall of Fame
* Dave Hill (1937–2011), PGA Tour golfer with 13 tour wins
* Lee Knorek (1921–2003), NBA player for New York Knicks
* Joe Kopicki, professional basketball player
* Dutch Lauer (1898–1978), professional football player
* John Long, professional basketball player, member of 1989 NBA champion Detroit Pistons
* Bruce Maher, former NFL player for Detroit Lions
* Ted Marchibroda (1931–2016), twice head coach of NFL's Baltimore Colts/Indianapolis Colts, offensive co-ordinator for Buffalo Bills Super Bowl teams
* Ray McCallum, Jr., NBA player for San Antonio Spurs
* Bob Miller (1926–2020), former MLB player (1949–58) and U-D baseball coach (1965–2000); career Titans coaching record of 896-780-2; named to Titans Hall of Fame 1979
* Guy Murray, Detroit Titans cross country/track and field head coach
* Dorie Murrey, NBA player for Detroit Pistons, Seattle SuperSonics
* A. C. Muthiah, president of Board of Control for Cricket in India 1999–2001
* Tip O'Neill (1898–1984), professional football player
* Andrew Ornoch, Mississauga Eagles FC
* Chase Simon (born 1989), basketball player for Maccabi Ashdod of the Israeli Basketball Premier League
* Jimmy Simpson (1897–1979), professional football player
* Gino Sovran (1924–2016), professional basketball player
* Guy Sparrow, former NBA player for New York Knicks
* Art Stolkey (1920–2013), professional basketball player
* Terry Thomas (1953–1998), former NBA player
* Terry Tyler, NBA player for Detroit Pistons, Sacramento Kings
* Owen Wells (1950–1993), professional basketball player
Notable faculty
* Richard Buckminster "Bucky" Fuller, visiting professor in the School of Architecture at University of Detroit, 1970
* Robert S. Johnston (1901–1902), classics, English, and mathematics teacher; later president of Saint Louis University
* Isaiah McKinnon
* John P. McNichols, S.J., Jesuit priest and 11th president of University of Detroit 1921–1932; established the McNichols Campus, and is the namesake for McNichols Road in Detroit
* Frank Murphy, law instructor; Michigan jurist; Mayor of Detroit; Governor of Michigan; the last Governor-General of the Philippines; and the first High Commissioner of the Philippines, United States Attorney General, and United States Supreme Court Associate Justice
* Joyce Carol Oates, taught at the University of Detroit; published her first novel, With Shuddering Fall, when she was 26 years old; her novel them received the National Book Award in 1970; has taught at Princeton University since 1978
* Dick Vitale, basketball coach and broadcaster, head coach of Detroit Titans men's basketball 1973–1977 | WIKI |
Javanrud County
Javanrud County is in Kermanshah province, Iran, part of what is unofficially referred to as Iranian Kurdistan. Its capital is the city of Javanrud.
Population
At the time of the 2006 National Census, the county's population was 62,259 in 13,629 households. The following census in 2011 counted 71,235 people in 17,854 households. At the 2016 census, the county's population was 75,169 in 20,592 households.
After the census, the village of Sharvineh was elevated to the status of a city.
Administrative divisions
Javanrud County's population history and administrative structure over three consecutive censuses are shown in the following table.
Geography
The county is bounded in the north and west by Paveh County and Kurdistan province, in the southeast by Ravansar County, and in the southwest by Sarpol-e Zahab County. | WIKI |
-- From Rum to Cocaine, States Lose Long War on Smuggling
The agents moved in to seize
the illicit shipment, but the traffickers turned on them,
shooting the senior officer and destroying his vehicle.
With the local courts hopelessly compromised and corrupt,
the outraged authorities wanted to extradite the
perpetrators. But this only made them more defiant and
violent, and they were never caught or prosecuted. This may sound like Tijuana or Juarez in recent years,
but the year was 1772, and the place was near Providence,
Rhode Island . The ringleader of the attack, John Brown -- a
prominent local merchant whose business interests included
smuggling and slave trading -- helped found the university
that bears his name (and happens to be my employer). The famous incident came to be known as the Gaspee
Affair , in which a British customs vessel, the HMS Gaspee,
was stormed, looted and torched late at night by an armed
group of local citizens in retaliation for cracking down on
their illicit trade (though exactly what cargo they were
smuggling was never determined). Today, local residents proudly point to this
historical episode as Rhode Island’s opening salvo in
sparking the American Revolution. A plaque on South Main
Street near downtown Providence, commemorates the event.
Gaspee Street is a few blocks away. Of course, most
Americans no longer have such a sanguine view of illicit
trade, and law-enforcement officials, like the British
imperial authorities before them, are increasingly
preoccupied with fighting it. Drug War Which brings us to Mexico and President Felipe Calderon ’s crackdown on drug trafficking. At first glance,
Mexico’s deteriorating situation (some 50,000 drug-war-
related deaths since 2006) wouldn’t seem to have much in
common with late colonial America. But, in fact, there are
some striking parallels that offer lessons for Mexico’s
escalating drug war. The most important illicit trade in colonial America
was the smuggling of West Indies molasses to produce rum --
the drug of choice at the time and New England ’s top export
(probably more important for the local economy than illicit
drug exports are for Mexico today). Not unlike the
situation in Mexico before Calderon launched his offensive,
British authorities tolerated smuggling for many decades
through a combination of neglect, incompetence and
corruption. The earlier corruption-plagued decades of the 18th
century actually had a pacifying effect. Institutionalized
bribery made bullying less necessary in port cities such as
Boston, Providence and Newport, Rhode Island -- just as was
the case not long ago in Mexico’s border cities. Both crackdowns provoked a violent backlash. Starting
in the 1760s, bullying -- in the form of mob riots, the
burning of customs vessels, and the tar-and-feathering of
informants -- became increasingly common as bribery became
a less dependable way of doing business. Then, as now, the
authorities were overconfident. Instead of imposing order,
there was more disorder. In tightening its grip, Britain
ultimately lost its grip entirely. Militarized Mistakes And both efforts became increasingly militarized. The
Royal Navy was unleashed against colonial smugglers because
civilian customs agents had proven too corrupt and
unreliable. Benjamin Franklin was among the many who
denounced this punitive move. As he sarcastically wrote: “Convert the brave, honest
officers of your navy into pimping tide-waiters and colony
officers of the customs. Let those who in the time of war
fought gallantly in defense of their countrymen, in peace
be taught to prey upon it. Let them learn to be corrupted
by great and real smugglers; but (to show their diligence)
scour with armed boats every bay, harbor, river, creek,
cove, or nook throughout your colonies; stop and detain
every coaster, every wood-boat, every fisherman...O, this
will work admirably!” Although much has obviously changed since Franklin’s
time, his basic criticism of drafting the military for
anti-smuggling police work still holds true. Like
Calderon’s army-led crackdown, the British Navy’s efforts
led to growing opportunism and abuse by heavy-handed
officials, generating local anger and resentment. Fortunately, the parallels end there. Despite their
extreme violence, Mexican traffickers are far less of a
threat to the Mexican state than colonial smugglers proved
to be to the British. Mexico isn’t a failed state and
traffickers aren’t insurgents -- they lack political
aspirations and want to be left alone. But the surest way to politicize Mexico’s drug war and
turn drug trafficking into a political cause would be for
the U.S. to escalate its already considerable on-the-ground
involvement. The more Mexico’s drug war looks like an
American-orchestrated crackdown with direct U.S. military
participation, the more Mexicans will view it as a foreign
imposition -- risking a nationalist backlash that would
erode public support and breed the type of local hostility
that became all-too-familiar to British administrators in
the colonies. More constructive -- and with less collateral damage -
- would be to focus on strengthening Mexico’s fragile
judicial system, curbing the illicit flow of U.S. firearms
across the border and reducing America’s seemingly
insatiable drug habit. (Peter Andreas is a professor of political science and
the interim director of the Watson Institute for
International Studies at Brown University . This essay
partly draws from his book, “Smuggler Nation: How Illicit
Trade Made America,” forthcoming from Oxford University
Press . The opinions expressed are his own.) Read more Echoes columns online . To contact the writer of this post: Peter Andreas at
peter_andreas@brown.edu To contact the editor responsible for this post: Timothy
Lavin at tlavin1@bloomberg.net | NEWS-MULTISOURCE |
Egypt Sentences Lebanese Tourist to 8 Years in Prison for Facebook Video
An Egyptian court sentenced a Lebanese tourist to eight years in prison on Saturday after she posted a video tirade on her Facebook page that Egyptian authorities claimed had insulted the country and its leader. The news website Ahram reported that Mona el-Mazbouh was initially handed an 11-year sentence and a fine after she was convicted of “deliberately broadcasting false rumors which aim to undermine society and attack religions.” But her sentence was immediately reduced to eight years. Under Egyptian law, “defaming and insulting the Egyptian people” is a crime. In the May post on her Facebook page, which went viral, Ms. Mazbouh described being harassed by two men on the street of Cairo’s upscale Zamalek neighborhood and being ill-treated by a taxi driver. She called President Abdel Fattah al-Sisi “unjust” and Egypt a “son of a bitch country,” according to Reuters, which reported on the video before it was removed. “You deserve what Sisi is doing to you. I hope God sends you someone more oppressive than Sisi,” she said in the original clip. She also made derogatory comments about Egyptians. The case comes as Egypt is bolstering its tourism industry and attempting to draw outside investment; critics say the case does nothing to help the country’s global image. While Egyptian courts often hand down initially heavy sentences that are later reduced on appeal, human rights advocates say that this is the latest in a series of overly severe judgments aimed at stamping out dissent. They have called for the release of Ms. Mazbouh. She will be able to appeal the decision later this month, Ahram reported. Ms. Mazbouh took the video down from her Facebook page, but not before it had spread widely on Egyptian social media. The backlash was swift. The clip was quickly copied from her page and still appears on other social networks. It angered some Egyptians on social media, who called for her arrest. The day before being detained, she posted a second video on Facebook apologizing to Egyptians she had offended. “I definitely didn’t mean to offend all Egyptians, and never meant to say anything about the country’s political affairs,” Ms. Al-Mazbouh said in the video, where she is seen sniffling and wearing sunglasses. “I love all Egyptians and I love this country. That’s why I visited it more than once and I keep coming back.” The following day, Ms. Mazbouh was arrested at Cairo airport on June 2 as she prepared to board a plane out of the country, according to Ahram. Critics of the decision said her sentencing is not only disproportionate, but a bad public relations move for a country looking to boost its international image. There have been other similar cases brought recently against women in Egypt. Egyptian activist Amal Fathy was detained in May after she posted an expletive laden video to her Facebook page denouncing sexual harassment and the state of the country. She detailed harassment that she had experienced that same day, and vowed to leave the country with her young son. She and her son were detained after the video was posted. Months later, Ms. Fathy is still being held, awaiting trial on charges of inciting terrorism over the internet and spreading fake news. Her husband, Mohamed Lotfy, is a prominent Egyptian human rights activist and launched a campaign for her release. Mr. Lotfy, in his campaign, wrote that his wife is being held at Al Qanater women’s prison north of Cairo and her health is deteriorating. “Her lawyers presented a report from her psychologist explaining that she suffers from chronic depression and the prison doctor made two reports confirming this and explaining that her health condition deteriorates as a result of her detention,” Mr. Lofty wrote. “She suffers from frequent panic attacks in prison and her recent paralysis seems to be caused by her psychological state." Before her arrest, she was a vocal critic of the government and its failure to protect women from widespread street harassment. “It is a dark day when the Egyptian authorities are more concerned with silencing a woman who speaks out about sexual harassment than taking steps to address the issue,” Najia Bounaim, North Africa campaigns director at Amnesty International, said in a statement at the time of Ms. Fathy’s arrest. | NEWS-MULTISOURCE |
Talk:ARMOR-CAVALRY: Part 1; Regular Army and Army Reserve
Reorganized to separate chapters
Completed the break up of the original one page article to separate chapters.
* Due to multiple occurences of the same sub-titles in the original, I added clarifications to the original titles, e.g: Cavalry and Tanks, I changed to Cavalry in World War I, Tanks in World War I under the main heading of World War I and applied such changes in the subsequent main headings with the above single word subheadings. Ineuw (talk) 19:00, 11 October 2009 (UTC) | WIKI |
·
Is your home earthquake proof? | Part 1
I am afraid that under the current circumstances it may not be ethically correct to ask that question right now, but I am sure that more than one reader had wondered about the stability of their homes before an earthquake.
Although it is a highly technical matter, I believe that we can converse about the subject circumscribing to general information, so that at the end of the following expositions some of us (including me, I had to carry out some research on the subject and dust up the old text books) would understand a little better how our buildings literally stand up, should an earthquake occur around East Spain.
The zones most likely to occur earthquakes in Spain are in Granada, Murcia and Alicante.
In recent years in Spain, earthquakes with magnitudes greater than 4 degrees (Richter scale) have taken place causing considerable damage to buildings. For example, the earthquakes in Andalusia on Dec. 23rd , 1993 and January 4th, 1994 with a intensity in both cases of 5.0 degrees and with epicentres in the province of Almería, near the towns of San Roque and Berja, and 20 km from the coast off Almerimar Balerma and Bath respectively (Yépez, 1994). In Galicia on May 22nd, 1997 with intensity 5.1 and centred near the towns of Sarria and Becerreá and the latest occurred in Murcia on February 2nd, 1999, of intensity 5.0 and centred about 5 km north of Mula (Mena, in 1999).
There are historical records of great seismic activity in south Europe in countries such as Turkey, Greece, Yugoslavia, Italy, Portugal, and of course Spain.
Devastating earthquakes, as was the one on 1st of November 1755 on the southwest of the Iberian Peninsula, producing high waves and its destructive power caused between 50,000 and 70,000 deaths. In Lisbon and surroundings areas on December the 25th of 1884, an earthquake killed 800 people. In Alicante in the year 1500, another earthquake destroyed some 4,400 homes and damaged 13,000. In Messina Italy, 28th of December 1908 an earthquake killed 120,000 people and caused considerable damage in the infrastructure of the city.
The two seismic activities which have produced the highest numbers of deaths happened in China, one in 1556 in the province of Shaanxi, where 830.000 people died and more recently, in 1976 an earthquake of intensity 7,6 in the region of Tangshan, generated 650.000 deaths.
I haven’t found records on the economic losses which obviously are concatenated with disasters of that enormity, and most important o all, there are no way of quantifying grieve and suffering generated by the loss of loved ones. It is not a trivial issue what we have here.
But why do earthquakes occur?
Earthquakes occur when stresses accumulated due to the deformation of the earth layers are released abruptly. Broken masses of rocks sometimes large as whole mountains are subject to enormous forces and rearrange themselves releasing enormous energies that shake the earth surface with tremendous force. The (hypocenters) are located at different depths, the deepest being up to 700 kilometres. They are particularly common near the edges of tectonic plates. Believe it or not, there are about one million earthquakes recorded every year, although most of them are of such low intensity that goes unnoticed by us.
They act instantaneously over a wide area and can cause seismic waves, (tsunami) similar to the recent one in Japan that was transmitted live world wide and may also cause landslides, appearance and disappearance of springs, construction damage and deaths, mostly due to the collapsing of buildings.
They are very difficult to predict and, at present, there are no effective systems to warn people in advance of an imminent earthquake.
Intensity and magnitude of earthquakes
To describe the strength of an earthquake and resulting damage, there different scales that measure their intensity and magnitude.
We can measure its intensity, which is a subjective measure of the effects of earthquakes on the earth surface, people and man-made structures but without using any technical instruments. It is based on observing the consequences that take place during an earthquake. It is useful to explain an earthquake in areas where there are no seismographs near and enable us to compare ancient earthquakes.
The magnitude is an objective measure of the energy of an earthquake which is reflected by seismographs. The best known and used scale is the Richter scale (1935) and measures the logarithm of the maximum amplitude of a seismogram recorded by a standard instrument, at a distance of 100 kilometres from the epicentre. This method has been corrected later, but the basic idea remains the same. As the scale is logarithmic every step up involves multiplying by the ten the intensity of the lower number. i.e. Roughly speaking an earthquake grade 7 is equal to one of intensity 6 multiply by ten. There are 12 degrees in the scale from 1 to 12 being 1 so small that is only felt by technical apparatus.
An earthquake measuring 12 on the Richter scale would break the earth in two.
This concept allows classification of earthquakes:
• Complete destruction, M = 12
• Large earthquakes, M > = 7
• Moderate earthquakes, 5 = < M < 7
• Small earthquakes, 3 = < M < 5
• Micro earthquakes, M < 3
The EMS scale is officially used in most European countries and is utilized in the calculation of building and all types of structures by architects and engineers in Spain known as “Norma de Construcción Sismorresistente: Parte General y Edificación (Ncsr-02)” Earthquake-Resistant Norm.
Now that we have established the basic principles for measuring earthquakes, in the next issues of CBN we will examine what precautions we architect take when designing buildings in Spain.
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How to synchronize your Google Drive with an AWS S3 Bucket?
January 30, 2023
min read
How to synchronize your Google Drive with an AWS S3 Bucket
One of our clients had tens of terabytes of Google Drive files and folders which we needed to be accessible from a proper cloud storage provider. We also wanted those files to be accessible from their Flaneer machines, so we chose the alternative option of syncing those Google Drives in an S3 Bucket.
Synchronize you Gdrive to AWS with Rclone
If you've ever used Google Drive to store your files, and now want to move them to AWS S3, it's not very straightforward.
We are going to use rclone to synchronize everything. Rclone can be installed on any computer, and it lets you set up a connection between more than 40 cloud storage providers.
What is Rclone?
Rclone mounts any local, cloud, or virtual filesystem as a disk on Windows, macOS, Linux, and FreeBSD, and also serves these over SFTPHTTPWebDAVFTP, and DLNA
First of all, let's install Rclone on our computer.
If you're on Linux or Mac OS X, open a terminal window and type:
On Windows 10 or Windows 7, download the latest version of Rclone for Windows at https://rclone.org/downloads/ and install it by double-clicking on the downloaded file.
You should now have a program called rclone in your start menu or desktop shortcut bar.
Use your AWS account
Now we need to create an Amazon Web Services account if we don't already have one - if you don't have one here is a link where you can sign up for free: https://portal.aws.amazon.com/billing/signup/iam
You'll need to connect rclone with two services: Google Drive and Amazon S3. This will happen through what rclone calls a remote. We'll create two remotes, one for each service.
Actions to do in your Google Drive first
Launch a terminal to begin using rclone.
To set up an account, enter the following in your terminal:
Input remote-g-drive as the name of the remote, and then drive to select the Google Drive storage. Now follow all of the default settings, and when you're asked to connect to your Google Account, do so.
How to connect to AWS
You have two options for connecting to AWS: you can either enter your credentials directly or create a dedicated rclone user. I recommend the second option, as it's more secure! If you want to know how to set up an AWS access key pair and use it with rclone, visit this page.
Open a terminal to launch rclone. You can now type rclone config. Input remote-aws as the name of the remote, and then s3 followed by AWS. If you created your keys, type 1 and then paste them. Otherwise, you can type 2 and leave the 2 keys blank. You can now follow all of the default settings.
Copy your Google Drive files into your AWS S3 Account
We are going to use the following command:
Some notes:
• to be able to see files/folders share with you, can you add the --drive-sharedwithme option after the name of the google drive folder:
• We to copy all of the files/folders from the google drive account, you can leave it empty after the name of the remote
Need help to synchronize your Gdrive on your machine ? We can help you !
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Page:The Philippine Islands, 1493-1803 (Volume 02).djvu/299
twentieth day of October of the year one thousand five hundred and sixty-eight.
(Notification: The foregoing answer and clauses, I, Fernando Riquel, notary-in-chief in the government employ, read and made known to the said very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, in his own person, as well as to the other captains of his fleet,, in such a way that it was understood—those captains being Alvaro de Mendonça, Don Duarte de Meneses, Simon de Mendoça, Lorenço Furtado de Mendoça, and Mendo Ruellas de Vasconcelos—on the twentieth day of the month of October of the year one thousand five hundred and sixty-eight. And let it be understood, that although I reckon today as the twentieth of October, the summons to which this is the response, was made upon the twenty-first, everything having been done upon the same day. The cause for this is the difference between the Portuguese and the Castilians, the former reckoning one day ahead, and so it is in all the rejoinders and summons. I delivered this notification and summons to the said parties on the galley "San Francisco," this day, the twentieth of October, in the presence of the foregoing persons, and of Alonso Alvarez Furtado, factor of his highness—all of whom signed their names here, together with me; likewise Christoval Ponce, notary of his majesty's camp. Simaon de Mendonça, Alvoro de Mendonça, Lourenço Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.
I testify thereto, | WIKI |
Sir Ralph Dutton, 1st Baronet
Sir Ralph Dutton (c.1645-1721), 1st Baronet, was an English landowner and politician.
Life
He was the younger son of the royalist Sir Ralph Dutton (1601–46) of Standish, Gloucestershire, a gentleman of the Privy Chamber extraordinary to Charles I, and Mary Duncomb, the co-heiress of a London haberdasher and granddaughter of Sir Thomas Bennett.
He married Grizel, the daughter of Sir Edward Poole of Kemble, Wiltshire, about 1674. She died in 1678, having borne a daughter. In that year her husband became a baronet, for a payment of £1100. The following year he inherited Sherborne from his childless brother William. In 1679 he married Mary, heiress of Peter Barwick of London, physician to Charles II. They had several children baptized at Westminster. Sir Ralph represented Gloucestershire in parliament in 1679–81 and in 1689–98, when he was aligned with the Whigs. In 1705 he stood as a Tory and was defeated. He was a JP and deputy lieutenant and served as colonel of the Green regiment of Gloucestershire foot militia. Although he was a wealthy man, Sir Ralph ran up enormous debts, partly through his addiction to greyhound coursing. In 1710 he made his estate over to his son John and moved to Ireland. By 1716 he owed almost £10,000 and a special deed was required to protect his son's marriage settlement. By his death Sir Ralph was living on a yearly allowance of £400. He died in Ireland in 1721. His wife was living in St Martin in the Fields, Middlesex when she died in 1723. | WIKI |
Demystifying Hydrochloric Acid: Properties, Uses, and Safety Measures
Explore the world of hydrochloric acid, from its chemical composition to its diverse industrial applications. Learn how to handle it safely and its environmental impact.
What Is Hydrochloric Acid?
Hydrochloric Acid, often abbreviated as HCl, is a highly corrosive and strong mineral acid. It is a clear, colorless solution of hydrogen chloride gas dissolved in water. Hydrochloric acid is commonly found in various industrial and laboratory settings, as well as in household cleaning products.
Chemical Composition
Hydrochloric acid (HCl) is a highly corrosive, strong mineral acid composed of hydrogen and chlorine. It is colorless, pungent, and highly soluble in water. It serves as a raw material in the production of numerous chemicals, including fertilizers, dyes, pharmaceuticals, and food additives.
pH Regulation
Hydrochloric acid is used in water treatment facilities to adjust the pH levels of water and wastewater, ensuring they meet regulatory standards.
Industrial and Laboratory Uses
Widely used in various industries and laboratory settings, hydrochloric acid plays a crucial role in chemical manufacturing, water treatment, food production, and cleaning processes. it is commonly used in laboratory settings for tasks such as acidifying solutions, adjusting pH levels in experiments, and preparing chemical reagents. Although hydrochloric acid has important industrial and laboratory applications, it is highly corrosive and can cause severe burns upon contact with skin or eyes. Proper safety precautions, including the use of protective equipment and handling procedures, are essential when working with hydrochloric acid.
Properties of Hydrochloric Acid
Physical Properties
Hydrochloric acid is a clear, colorless liquid with a sharp, pungent odor. It has a strong acidic taste and is highly corrosive to metals, organic materials, and human tissue.
Chemical Properties
As a strong acid, hydrochloric acid readily dissociates in water to produce hydrogen ions (H⁺) and chloride ions (Cl⁻), making it an effective agent for pH adjustment and chemical reactions.
Safety Precautions and Handling
Corrosiveness
Due to its corrosive nature, hydrochloric acid can cause severe burns and tissue damage upon contact with skin, eyes, or mucous membranes. Proper handling and safety precautions are essential to prevent accidents and injuries.
Storage Guidelines
Hydrochloric acid should be stored in tightly sealed containers away from incompatible substances such as bases, metals, and organic materials. Ventilation and temperature control are also crucial to prevent the buildup of hazardous fumes.
Personal Protective Equipment
When handling hydrochloric acid, appropriate personal protective equipment (PPE) should be worn, including safety goggles, gloves, and a chemical-resistant apron to minimize exposure and prevent skin and eye irritation.
Applications of Hydrochloric Acid
Chemical Manufacturing
Hydrochloric acid is used in the production of various chemicals, including chlorine, fertilizers, pharmaceuticals, and plastics, as well as in metal processing and pickling operations.
Water Treatment
In water treatment plants, hydrochloric acid is used to adjust the pH of water and neutralize alkalinity, making it suitable for drinking, industrial, and agricultural purposes.
Food Production
In the food industry, hydrochloric acid is utilized for pH control, sanitation, and food processing, including the production of gelatin, corn syrup, and vegetable oils.
Cleaning and Sanitization
Hydrochloric acid-based cleaners are effective for removing mineral deposits, scale, and rust from surfaces, equipment, and industrial machinery.
Health Effects of Hydrochloric Acid Exposure
Inhalation
Inhalation of hydrochloric acid fumes can cause respiratory irritation, coughing, and shortness of breath, particularly in poorly ventilated areas or confined spaces.
Skin Contact
Contact with hydrochloric acid can result in chemical burns, irritation, and dermatitis, necessitating immediate rinsing with water and removal of contaminated clothing.
Ingestion
Ingestion of hydrochloric acid can cause severe damage to the mouth, throat, esophagus, and stomach, leading to abdominal pain, nausea, vomiting, and potentially life-threatening complications.
Environmental Impact
Improper disposal of hydrochloric acid can contaminate soil, waterways, and groundwater, posing risks to aquatic life and ecosystems. Proper handling, storage, and disposal are essential to minimize environmental impact.
Hydrochloric Acid Alternatives and Green Solutions
In recent years, there has been a growing interest in eco-friendly alternatives to hydrochloric acid, such as citric acid, vinegar, and enzymatic cleaners, which offer effective cleaning and sanitization without the environmental and health hazards associated with traditional acids.
Conclusion
Hydrochloric acid is a versatile and indispensable chemical compound with numerous industrial applications, from chemical manufacturing to water treatment and food production. However, its corrosive nature and potential health and environmental hazards underscore the importance of safe handling practices, proper storage, and consideration of green alternatives. By understanding its properties, uses, and safety measures, we can harness the power of hydrochloric acid while minimizing risks to human health and the environment. Whether in laboratories, industrial settings, or other applications, ensuring the safe use of hydrochloric acid is paramount. For laboratory consumables and chemical supplies, it’s crucial to adhere to strict safety protocols and regulations to protect both workers and the environment. | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/Bespoke Approach
The result was delete. Sandstein 09:06, 27 November 2022 (UTC)
Bespoke Approach
* – ( View AfD View log | edits since nomination)
Clear attempt at an ad as it currently stands. The Drover's Wife (talk) 06:38, 5 November 2022 (UTC) Please add new comments below this notice. Thanks, Liz Read! Talk! 06:13, 12 November 2022 (UTC)
* Note: This discussion has been included in the deletion sorting lists for the following topics: Companies and Australia. AllyD (talk) 09:27, 5 November 2022 (UTC)
* Comment: See this note (which was seems to have been responding to the earlier PROD rather than the present AfD). AllyD (talk) 09:35, 5 November 2022 (UTC)
* Keep - although the article should be significantly improved to avoid promotionalism, I'm seeing enough significant coverage in reliable, independent sources to meet WP:GNG. The Sydney Morning Herald and Canberra Times articles, plus an Adelaide Advertiser article I found, speak to notability, not to mention the many more trivial mentions in reliable, independent sources. Also seeing some coverage in academic sources (such as this one). —Ganesha811 (talk) 00:01, 6 November 2022 (UTC)
* The academic paper has only a passing mention. The Advertiser article is 404 to me. The Canberra Times is a couple of passing mentions. That piece is focused on activities of ex-politicians, some of whom are involved in Bespoke, but WP:NOTINHERITED is relevant here. SpinningSpark 15:54, 7 November 2022 (UTC)
* I agree, it's possible that Ian Smith is notable but that the firm is not. However, as I continue to search, things keep coming up: this article from Crikey, further mentions in the Advertiser (1, 2). (I should note that Crikey seems less than ideal in terms of reliability, however). To me, the Canberra Times article meets the threshold for significant coverage. It's a borderline case, but I still lean keep. —Ganesha811 (talk) 22:52, 7 November 2022 (UTC)
* Delete: mostly one sided and self promotional. Teraplane (talk) 01:06, 7 November 2022 (UTC)
* Relisted to generate a more thorough discussion and clearer consensus.
* Strong keep: I have previously refrained from commenting due to a COI - I am acquainted with the editor who created the article IRL, as we move in similar circles / community organisations related to environmental conservation and arts events. (Adelaide isn't a huge city, and the number of WP editors here isn't large.)
* I'd like to make the following points:
* 1. For the benefit of non-Australian editors, I can confidently say there is significant coverage of Bespoke Approach in print media. However, both the local daily, The Advertiser, and the national daily, The Australian, are News Corp mastheads which put their content behind paywalls back in 2011. (FYI, Adelaide is where Rupert Murdoch started his now global media empire.) Although I'm not a News Corp subscriber, I do have some older press clippings I can use for refs to improve the article.
* 2. To those editors arguing for deletion on the grounds of the article being "too promotional", I'd say that their interpretation is, ironically, rather superficial, and misguided. AFAIK the article was started as part of a laudable attempt using published data to map the influence of lobbyists attempting to influence politicians and the general public prior to and during the course of the Nuclear Fuel Cycle Royal Commission, which was set up to assess whether South Australia could make megabillions by hosting a global repository for high-level nuclear waste. That idea has been around for some time, e.g. 1, 2.
* As the old Yorkshire saying has it, "where there's muck, there's brass". I'm also reminded of the saying attributed to Bismark: "Laws are like sausages, it is better not to see them being made". IMHO, the article throws a much-needed light on some of the sausage-making machinery, and deserves to be retained. Bahudhara (talk) 01:19, 13 November 2022 (UTC)
* As far as casting light on the issue, this may fall into the WP:ITSUSEFUL fallacy. There are plenty of cases where more information on the activities of advocacy groups could be beneficial to the general public, but that's not necessarily the purpose of Wikipedia. Chagropango (talk) 06:46, 19 November 2022 (UTC)
Please add new comments below this notice. Thanks, Liz Read! Talk! 04:17, 19 November 2022 (UTC)
* Delete This is a company/organization therefore WP:NCORP guidelines apply. There are particular criteria for establishing the notability of a company. Also, unless blatantly obvious (e.g. Blog posts, no attributed journalist, Forbes contributors, etc), I'm assuming all the sources are reliable and the publishers are corporately independent from the topic organization - but there's more requirements than just "RS" for establishing notability.
* Since the topic is an organization, WP:NCORP criteria apply. As per WP:SIRS *each* reference must meet the criteria for establishing notability - the quantity of coverage is irrelevant so long as we find a minimum of two references that meet NCORP criteria. Each reference must involve deep or significant coverage with in-depth information *on the company* and also the in-depth information must be "Independent Content". "Independent content", in order to count towards establishing notability, must include original and independent opinion, analysis, investigation, and fact checking that are clearly attributable to a source unaffiliated to the subject.
* Clearly the founders/directors have been written about in various articles but the topic is the organization and not the directors. Bahudhara says that there may be references behind paywalls but from the limited access I have to archived newspapers, I am unable to locate any reference that meets NCORP. Happy to reconsider if any good refs turn up. HighKing++ 19:28, 14 November 2022 (UTC)
* Relisted to generate a more thorough discussion and clearer consensus.
* Delete Even though the article has WP:INDEPENDENT sources such as [] [] it lacks a deep coverage about the WP:ORGDEPTH. The article also has some part of self promotional content Pranesh Ravikumar (talk) 06:25, 19 November 2022 (UTC)
* Weak delete I don't doubt there is lots of press on Bespoke, however the Canberra Times article does not have in depth coverage of Bespoke, so the only independent, reliable, and in-depth coverage currently cited is the Sydney Morning Herald article. If, as Bahudhara says, there are locally available print sources that establish notability, there needs to be some additional verification of this and the editorial quality of those sources. Chagropango (talk) 06:43, 19 November 2022 (UTC)
* Delete with merge of content & redirect to Ian Smith (lobbyist). It seems to me there are only two references found so far that could potentially meet NCORP criteria: Sydney Morning Herald and Crikey (the Canberra Times and Financial Review articles lack significant coverage). But of the two, the Crikey article is essentially about Ian Smith, not Bespoke. If more significant coverage beyond these two references are dug up, it could meet NCORP clearly but as it stands it doesn't meet the bar. -SpuriousQ (talk) 05:40, 27 November 2022 (UTC)
| WIKI |
Namkhaidorjiin Bayarmaa
Namkhaidorjiin Bayarmaa (Намхайдоржийн Баярмаа; born June 1, 1978, in Ulaanbaatar) is a Mongolian weightlifter. Bayarmaa made her official debut for the 2004 Summer Olympics in Athens, where she competed for the women's lightweight class (58 kg). She finished only in fourteenth place by five kilograms short of her record from Greece's Charikleia Kastritsi, with a total of 195.0 kg (87.5 in the snatch, and 187.5 in the clean and jerk).
At the 2008 Summer Olympics in Beijing, Bayarmaa switched to heavier class by competing in the women's 63 kg division. Bayarmaa placed tenth in this event, as she successfully lifted 90 kg in the single-motion snatch, and hoisted 123 kg in the two-part, shoulder-to-overhead clean and jerk, for a total of 213 kg. | WIKI |
Page:The story of the comets.djvu/124
84 put forth that it was a reappearance of the long-lost comet of Lexell of 1770. Unfortunately the period and the position of the orbit are such that no return favourable for observation can be expected before 1931; and it is doubtful whether the observations of 1895 were sufficiently complete to enable the character of the orbit to be determined with precision. The period assigned by Schulhof is 7⋅19 years.
On March 26, 1894, Denning discovered in Leo Minor a faint comet which was becoming fainter because the perihelion passage had occurred as far back as Feb. 9, and the comet was receding both from the Sun and the Earth. That its orbit was elliptic, with a period of about 7$1⁄2$ years, was soon ascertained, but owing to the lack of an adequate number of observations definitive elements could not be assured. Schulhof called attention to the fact that the point of nearest approach between the orbits of the comet and Jupiter coincided very nearly with the point at which Brorsen's Comet and Jupiter were nearest one another. This fact was further emphasised by Hind, who showed that the two comets were actually very near one another 13 years previously, namely in April 1881.
This comet awaits further consideration before it can be regarded as a recognised short-period comet. Although expected to return in 1901 it was not seen in that year. Nor in 1909 thus far.
On Nov. 14, 1906, J. Metcalf at Taunton, Mass., U.S., discovered a very faint comet shining as a 12 th mag. star. It proved to be revolving in an elliptic orbit with a period of rather more than 7 years; and to be one of the Jupiter family of comets. Though the elements resemble those of the comets of Faye, Wolf, 1892 (v.), 1896 (v.), and 1900 (iii.), identity with any of these is not possible. | WIKI |
*** DRAFT ***
SQLite Release 3.8.0.1 On 2013-08-29
1. Add support for partial indexes
2. Cut-over to the next generation query planner for faster and better query plans.
3. The EXPLAIN QUERY PLAN output no longer shows an estimate of the number of rows generated by each loop in a join.
4. Added the FTS4 notindexed option, allowing non-indexed columns in an FTS4 table.
5. Added the SQLITE_STMTSTATUS_VM_STEP option to sqlite3_stmt_status().
6. Added the cache_spill pragma.
7. Added the query_only pragma.
8. Added the defer_foreign_keys pragma and the sqlite3_db_status(db, SQLITE_DBSTATUS_DEFERRED_FKS,...) C-language interface.
9. Added the "percentile()" function as a loadable extension in the ext/misc subdirectory of the source tree.
10. Added the SQLITE_ALLOW_URI_AUTHORITY compile-time option.
11. Add the sqlite3_cancel_auto_extension(X) interface.
12. A running SELECT statement that lacks a FROM clause (or any other statement that never reads or writes from any database file) will not prevent a read transaction from closing.
13. Add the SQLITE_DEFAULT_AUTOMATIC_INDEX compile-time option. Setting this option to 0 disables automatic indices by default.
14. Issue an SQLITE_WARNING_AUTOINDEX warning on the SQLITE_CONFIG_LOG whenever the query planner uses an automatic index.
15. Added the SQLITE_FTS3_MAX_EXPR_DEPTH compile-time option.
16. Added an optional 5th parameter defining the collating sequence to the next_char() extension SQL function.
17. The SQLITE_BUSY_SNAPSHOT extended error code is returned in WAL mode when a read transaction cannot be upgraded to a write transaction because the read is on an older snapshot.
18. Enhancements to the sqlite3_analyzer utility program to provide size information separately for each individual index of a table, in addition to the aggregate size.
19. Allow read transactions to be freely opened and closed by SQL statements run from within the implementation of application-defined SQL functions if the function is called by a SELECT statement that does not access any database table.
20. Disable the use of posix_fallocate() on all (unix) systems unless the HAVE_POSIX_FALLOCATE compile-time option is used.
21. Update the ".import" command in the command-line shell to support multi-line fields and correct RFC-4180 quoting and to issue warning and/or error messages if the input text is not strictly RFC-4180 compliant.
22. Bug fix: In the unicode61 tokenizer of FTS4, treat all private code points as identifier symbols.
23. Bug fix: Bare identifiers in ORDER BY clauses bind more tightly to output column names, but identifiers in expressions bind more tightly to input column names. Identifiers in GROUP BY clauses always prefer output column names, however.
24. Bug fixes: Multiple problems in the legacy query optimizer were fixed by the move to NGQP.
1. Fix an off-by-one error that caused quoted empty string at the end of a CRNL-terminated line of CSV input to be misread by the command-line shell.
2. Fix a query planner bug involving a LEFT JOIN with a BETWEEN or LIKE/GLOB constraint and then another INNER JOIN to the right that involves an OR constraint.
3. Fix a query planner bug that could result in a segfault when querying tables with a UNIQUE or PRIMARY KEY constraint with more than four columns.
4. SQLITE_SOURCE_ID: "2013-08-29 17:35:01 352362bc01660edfbda08179d60f09e2038a2f49"
5. SHA1 for sqlite3.c: 99906bf63e6cef63d6f3d7f8526ac4a70e76559e
A complete list of SQLite releases in a single page and a chronology are both also available. A detailed history of every check-in is available at SQLite version control site.
*** DRAFT *** | ESSENTIALAI-STEM |
Portal:Anarchism/Anniversaries/May/May 28
* 1830 - Louise Michel was born.
* 1864 - Zo d'Axa was born.
* 1871 - The Paris Commune was crushed after two months.
* 1897 - Henry Bauer and Carl Nold were released from prison after having been convicted of aiding and abetting Alexander Berkman's attempted assassination of Henry Clay Frick.
* 1897 - Camillo Berneri was born in Lodi, Italy.
* 1909 - A lecture by Emma Goldman was ordered canceled by the Brooklyn Chief of Police.
* 1937 - The headquarters of the Friends of Durruti Group in Barcelona were shut down by the government.
* 1958 - Christian anarchist Ammon Hennacy (pictured) ended a 40-day fast against nuclear weapons. | WIKI |
THOMAN v. MILLS.
Corporations — Accounting — Wrongful Sale of Corporate Assets — Damages.
Where complainants, who were minority stockholders in an insolvent railroad company whose assets were sold by defendants to a corporation in which they were principal stockholders, without observing the due formalities of law, and without the consent of complainants, bring an action for an accounting, and for damages based on the wrongful sale, and, on the trial, it was shown that at the time of the transfer the liabilities of the railroad company, which were assumed by the purchaser as the consideration, largely exceeded the assets, and the sale was made in good faith, and the result would have been the same if the legal formalities had been observed, a judgment for nominal damages only will be affirmed. MoAlvay and Montgomery, JJ., dissenting.
Appeal from Ingham; Wiest, J.
Submitted November 18, 1908.
(Docket No. 13.)
Reargued October 11, 1909.
Decided December 31, 1909.
Bill by Frederick Thoman and Jacob Stahl against Myron W. Mills and David Mills, executors of the last will and testament of Nelson Mills, deceased, and others, for an accounting. From a decree for complainants for nominal damages only, they appeal.
Affirmed.
B. H. Person and Black, Beasoner & Hayden, for complainants.
Sanford W. Ladd (Walbridge & Kelley, of counsel), for defendants.
Moore, J.
This proceeding was commenced in April, 1905. The bill of complaint is filed to compel the defendants to account, as for a trust fund, for the assets and property of the Lansing, St. Johns & St. Louis Railway Company, which, it is claimed by complainants, they have attempted to secure for themselves, as officers and directors, and for all profits which accrued to the defendants by reason of their use of the property. The complainants were stockholders in the Lansing, St. Johns & St. Louis Railway Company, and it is claimed that their equitable rights in the property owned by that company have never been cut off by any proceeding authorized by law. ,
The important portions of the prayer for relief read:
“ That the aforesaid Myron W. Mills and David Mills, executors of the estate of Nelson Mills, the said Myron W. Mills, James R. Elliott, and David Mills, and the said Lansing & Suburban Traction Company may be by the court required to account to your orators for the due value and proportion of the interest of your orators in the property as hereinbefore described of the said Lansing, St. Johns & St. Louis Railway Company, and for the profits, advantages, and benefits obtained as herein alleged.”
The case was heard in open court. The circuit judge said (we quote from his opinion):
“ I am satisfied that the defendants must account for the value of the stock held by the complainants in the Lansing, St. Johns & St. Louis Railway Company as of the date it was converted by way of resolution transferring the assets of that company to the defendants’ company, the Lansing & Suburban Traction Co. Creditors of a corporation must proceed to have their claims satisfied in the usual way, and, if they occupy the dual position of creditors and majority stockholders, they must yet observe the rights of the minority stockholders when taking measures to satisfy their claims as creditors. The way adopted may have been a short cut to the inevitable result; but the law does not recognize such short cuts when it deprives any one interested of the right to have due process of law observed. I am not certain whether complainants are entitled to substantial damages, and the question of the amount, if any, they should recover from defendants, is left open for further argument by counsel and further determination by the court. The defendants, having received the assets of the Lansing, St. Johns & St. Louis Railway Company on the 8d day of March, 1904, must account for the value of the stock of the complainants in that company as of that day. * * * I say this now, to indicate that upon the reargument of the question of damages the stock held by complainants will be treated as converted on the 3d day of March, 1904, and the court will fix its value as of that day, and not follow it into other companies, and the question will have to be considered the same as any other conversion of specific property.”
After the reargument the circuit judge expressed himself as'follows:
This court in an opinion filed February 21,1907, held defendant guilty of the conversion of the complainants’ stock in the Lansing, St. Johns & St. Louis Railway Company as of March 3d, 1904, and the matter now for'determination is the value of such stock on that date. To make this determination requires a consideration of the condition of the company on that date, what it had by way of tangible property and prospects capable of being depended upon, and what its obligations amounted to, and its ability to meet the same then or at any future date.
“ Complainants insist the court, in determining the value of their stock, should consider the use made of the assets of the company by the defendants. An objection to this way of figuring value for complainants lies in the fact that the assets in defendants’ hands could be used untrammeled by the indebtedness they were subject to, in the use the company could make of them. In the hands of the company, its property and prospects were so loaded down with its obligations that no substantial value can be placed upon them. They were worth, if anything at all over and above the obligations, only the amount that, under the most favorable circumstances, might have been realized out of their management by the company. The Lansing, St. Johns & St. Louis Railway Company had no funds, or any way to obtain funds. Its property was mortgaged for $500,000 for the construction of the road. It owed nearly $100,000 besides to the contractors for construction, and it owed other debts. Its contract for the construction of the road compelled it for lack of funds to practically give everything to the contractors. It could not meet its obligations. The bonus subscriptions fell flat. Its treasury was empty, and it is safe to say that no one could have been found willing to pay its obligations for all its property and prospects.
“ Complainants had put in the venture in money about $300 each, and for that and their time and efforts had each received stock in the company of the par value of $7,300. I very much doubt, had there been an assessment of $50 on their holdings in February, 1904, whether either one of them would have put that sum into the venture, for, had the mortgage securing the bonds held by the contractors been foreclosed, the contractors would have had to bid the property in, for no bid could have been expected large enough to have paid the contract obligation. The best way I know to determine what the defendants took belonging to complainants is to determine what the complainants had of value in the company on the 3d day of March, 1904. These complainants, together with Frank L. Dodge, filed a bill of complaint against the Lansing, St. Johns & St. Louis Railway Company in March, 1902, asking this court to permit them to withhold the subscription stock from the company, on the ground, among others, that the company was insolvent. The company in its answer denied its insolvency. It was not necessary in that case to decide whether the company was solvent or insolvent; but the position then assumed by these complainants militates against them now upon the question of the value of their holdings in that company.
“Frank L. Dodge sued the purchasers of the Lansing, St. Johns & St. Louis Railway Company in this court for the debt due him from the latter company for services performed by him for it, and these complainants were witnesses for him in that case, and it is a grave question whether they are not now estopped from claiming there was no sale to the Lansing & Suburban Traction Company, for Mr. Dodge’s suit was upon the theory that there was a sale, and therefore an assumption of the debts of the Lansing, St. Johns & St. Louis Railway Company.
“Having in mind what it owed, its prospects and condition, I am unable to say the stock of the Lansing, St. Johns & St. Louis Railway Company was of any substantial value the day defendants converted the same. I quite agree with the counsel upon the rule that, when it cannot be determined with certainty just the extent of damage arising from a conversion, the court should see the innocent saved from loss; but this case does not fall within such rule, for the reason that, before the rule can be invoked, some substantial damage must appear. The defendants being guilty, however, of the conversion of complainants’ stock in the company, and the damages of the complainants being only nominal, the decree will fix the damages at six cents, and no costs will be awarded either party.”
The complainants appealed from the decree in the lower court. The defendants did not appeal. The oral arguments and the briefs of counsel indicate a good deal of bitterness toward each other on the part of the litigants, who say very hard things of each other. "We shall endeavor to make no further reference to that feature of the case.
The first Lansing, St. Johns & St. Louis Railway Company was organized in 1897. Its capital stock was $250,000. Of this stock each of the complainants had 36 shares, of the par value of $100 a share. This company proposed to build a line of electric road from Lansing to St. Johns, and then to St. Louis in this State. It succeeded in securing certain franchises and rights of way and attempted to get some one to construct the line, in April,’ 1900, another company of the same name was organized with a capital stock of $500,000. .Each of the complainants had 72 shares of stock in this company, which they received in exchange for the stock in the former company. Each of the complainants was a director in both of these companies. In January, 1901, for the purpose of paying a debt of the company of $140, each of the seven directors of the company paid in $20 in cash, and each received therefor one share of stock. Shortly after the second company was formed, the work of construction was entered upon by Messrs. Mills, Percival, and Norris, who had a contract with the company, the details of which it is not necessary to relate here, further than to say they were given $500,000 in bonds of the company, secured by mortgage, and $300,000 of its capital stock. At the same time the two complainants placed their written resignations as directors in the hands of Mr. Mills to take effect at any time that he might designate. Later the resignations were accepted and new directors elected in the place of complainants.
In 1902 the litigation arose to which reference was made by the circuit judge in his opinion. Before the sale was made which gave rise to the present litigation, nearly $400,000 had been put into the enterprise by John E. Mills through the assistance of his father, Nelson Mills. The complainants did some work in securing bonuses and right of way. Their cash contribution did not exceed $320 each. It was expected to run the road as an electric road by a method which was in an experimental stage and did not prove to be a success. The road was never built farther than St. Johns. The contractors were not paid according to the terms of their contract. The sums secured in the way of bonuses were small. The affairs of the company were in a bad way. The stock standing in the name of John E. Mills was, by unanimous vote of the directors, after the death of John E. Mills, transferred to Nelson Mills, as was all the unissued stock. This was done because of reasons that were stated in detail in the resolutions, which reasons were proper ones. In March, 1904, a stockholders’ meeting was held. Defendants claim due notice was given of this meeting. Complainants claim they had no legal notice of if. Upwards of 4,000 shares of the 5,000 shares of the capital stock were represented. At this meeting it was voted to transfer the Lansing, St. Johns & St. Louis Railway Company to the Lansing & Suburban Traction Company, if the latter company would assume the debts and liabilities of the former company. This was soon thereafter done. The complainants within a day or two learned of what was done. Later, in March, the action of the stockholders was ratified by the board of directors; but one of them voting against it. The Lansing & Suburban Traction Company also acquired by purchase the Lansing City Electric Railway Company, paying therefor $65,000, and assuming debts amounting to $100,000 or upwards. Later the Lansing & Suburban Traction Company, with many other properties in the central part of the State, became the property of the Michigan United Railways Company. There is nothing in the record to indicate a want of good faith in the sale of the company in which complainants were stockholders; but it is insisted by complainants there was a lack of good faith, and further that, even if there was not, as the forms of law were not followed, a constructive fraud was perpetrated upon them.
We quote from the brief of counsel:
“By becoming officers and directors of the Lansing, St. Johns & St. Louis Railway Company, the defendants became trustees for the benefit of all the stockholders interested in that company. As majority stockholders in the Lansing, St. Johns & St. Louis Railway Company, the defendants also owed a duty to the complainants as the minority stockholders to manage the affairs of the concern for the best interests and profit of all the stockholders.
“ ‘ The directors of a corporation are ordinarily invested with the most extensive powers of management. They are empowered to represent the company in all its business transactions and ventures; and the entire corporate affairs are placed in their charge, upon the trust and confidence that they shall be cared for and managed for the common benefit of the shareholders, and in accordance with the provisions of the charter agreement. It is manifest therefore that the directors of the corporation occupy a position of the highest trust and confidence, and that the utmost good faith is required in the exercise of the powers conferred upon them.’ 1 Morawetz on Private Corporations (2d Ed.), § 516.
“ Directors occupy the position of trustees towards the stockholders. 2 Cook on Corporations (4th Ed.), p. 1262, § 648, note 3. And it has been frequently held that, even though the directors may be acting in good faith in transferring the property of the corporation to themselves, the transaction is fraudulent in law. It was held in the case of Ervin v. Navigation Co., 27 Fed. 625, that the rights of stockholders could not be thus cut off, where a majority of the stockholders attempted to transfer all its assets to another company of which they were owners.
“ ‘Among the disabilities imposed by courts of equity upon those who occupy fiduciary relations towards others, respecting property which is to be administered for beneficiaries is that which precludes the fiduciary from purchasing the property on his own account.’ Ervin v. Navigation Co., 27 Fed. 625.
“ ‘Aside from the want of legal power already referred to, a court of equity will not permit the directors of a corporation, who are not only trustees for the stockholders of the corporation, but for its creditors as well, to thus dispose of the corporate property to themselves, or for their individual benefit. However in fact intended, equity treats such transactions as fraudulent because it operates as fraud upon cestuis que trustent.’ Farmers’ Loan & Trust Co. v. San Diego St. Car Co., 45 Fed. 527.
“ 2 Cook on Corporations (4th Ed.), p. 1288, § 653; Goddard v. Importing Co., 9 Colo. App. 306 (48 Pac. 279); Fishel v. Goddard, 30 Colo. 147 (69 Pac. 607); Eaton on Equity, p. 430, § 205; 1 Beach on Trusts & Trustees, p. 207, § 100; Hindman v. O’Connor, 54 Ark. 627 (16 S. W. 1052, 13 L. R. A. 492, and note) ” — citing, also, Smith v. Smith, Sturgeon & Co., 125 Mich. 234 (84 N. W. 144); Sparrow v. E. Bement & Sons, 142 Mich. 441 (105 N. W. 881, 10 L. R. A. [N. S.] 725).
It is their further claim that the circuit judge was wrong in giving them only nominal damages. They assert that defendants made large sums of money as the result of their conduct. We do not think the questions of law are troublesome, in view of the record as we find it. It will be observed that the complainants do not pray in their bill to be allowed stock in the Lansing & Suburban Traction Company, in lieu of their stock in the former company. A reference to the prayer for relief already quoted will show that complainants seek to recover the value the property of the Lansing, St. Johns & St. Louis Company has been to the Lansing & Suburban Traction Company and to the individuals named as defendants who are stockholders in that company. Counsel for complainants make a computation of values based upon the relations of the Lansing & Suburban Company and two of the stockholders in the prior company and also based upon an entry appearing in- the books of the Lansing & Suburban Company which it is said is an admission of values, though the person who made the entry testified it was a mere matter of bookkeeping and was not based at all upon actual values. A careful examination of the record compels the conclusion that the computation is too chimerical to be accepted as a basis for a decree in favor of the complainants.
The record does not leave the question of values in the field of conjecture. It discloses that in March, 1904, the affairs of the Lansing, St. Johns & St. Louis Company had reached an acute stage. The original purpose to operate the road as an electric road had proven a dismal failure. The receipts from bonuses were very small. The road had no arrangement by which its cars could run into the city of Lansing. Its dummy train was drawn by a steam locomotive. The entire receipts of the road from the beginning of running its cars until March, 1904, a period of 26 months, were less than $8,000. This did not take any account of the interest charge on its debts, which was in excess of $50,000. The company was hopelessly in debt, and the debts constantly increasing, with no relief in sight. Unless conditions soon changed for the better, it could not continue as a going concern. Mr. Mills had invested about $400,000 in money in the undertaking. If he had resorted to the courts to enforce his claim, the road would not have sold for enough to pay it, and the stockholders would have received nothing. We have already recited what was done. There was a failure to literally comply with the law in making the sale; but it was made for an adequate consideration, and for the full value of the property. If all the formalities of the law had been followed, the result would have been the same, and the stockholders would have no reason to complain. The road at this time was insolvent, and the stock was worthless. After the road was sold and the Lansing & Suburban Traction Company had also taken over the Lansing city lines, the Suburban Traction Company was able to borrow, with the aid of Mr. Mills’ indorsement— Mr. Mills was regarded as a very wealthy man — about $400,000. This money was expended in betterments, and the cars were run into the city of Lansing. The gross earnings of the two lines were kept separate, and, while they were operated as an entity, it is not difficult to determine from the record what charge should be made against the St. Johns line as its just share of the cost of operation. These figures show that from the time the sale was made up to the time when the proofs were closed, the net earnings of the line at no time reached the sum of $10,000 a year. This was exclusive of the charge for interest on the debts and some other proper charges. The debts assumed by the Lansing & Suburban Traction Company, as the consideration for the purchase, were in excess of $600,000. The interest charge, of course, would be in excess of $30,000. Not only does the record fail to show that defendants have profited by failing to literally follow the law in making the sale and in taking over the property, but it shows affirmatively that at no time has the property taken possessed any value in excess of its just liabilities.
The cases cited by counsel for complainants have been examined. A reference to them will show that they are easily distinguishable from the case under consideration. It is not believed a case can be found where relief was granted to a stockholder in a prior corporation which was sold to a later corporation under the circumstances disclosed by this record.
The decree is affirmed, with costs.
Blair, C. J., and'GRANT, Hooker, and Brooke, JJ., concurred with Moore, J.
McAlvay, J.
(dissenting). There is no dispute as to facts in this case, and no claim made by any one that the disposition made by the defendants of the stock of complainants in the corporation of which they were officers and directors was lawful or justifiable. Upon this proposition the opinion of Mr. Justice Moore agrees with that of the learned circuit judge who tried the case. There can be no doubt but that both are as to that proposition absolutely correct.
It appears to me the conclusion of Mr. Justice Moore, that it cannot be ascertained what was the actual value of this stock, or that it, in the then condition of the corporation, was of any market value, and therefore complainants are entitled to recover only nominal damages, is not supported by the record, or the principles of law which I think should be applied to this case. The relation between complainants and the officers and directors of this corporation who unlawfully appropriated complainants’ property was a fiduciary relation. They were trustees and bound to care for and protect complainants’ interests, and were strictly accountable to them in case of breach of trust. The manipulation by the defendants, who were active in making the unlawful sale, was not in the interests of complainants; but their property was appropriated and used by them in such a manner as can leave no possible doubt as to the character of these acts, nor as to the intent of these defendants. Defendants have never denied their conduct or intentions. Upon this record they are confessedly guilty, but interpose the defense that the damages on account of the wrong committed are nominal. I do not agree that the record shows the damages complainants have suffered in this case, for the wrongful appropriation of this property, are merely nominal, and, in considering the case, its cost to complainants, or what they may have considered it worth, should not be considered. It was their property and considered by defendants of sufficient value to acquire its control and possession by the means adopted, and presumably necessary to carry out the scheme which they had devised, and which eventually was successfully consummated by the use of this and other stock of this corporation. The record shows that defendants did profit by this transaction. The books also show the same thing. These are admissions by them, and the stock excuse that this showing was a mere matter of bookkeeping deceives nobody. It would be grossly inequitable to allow them to profit by this unlawful appropriation. They are estopped in law and morals from denying accountability for such value as this property has been and is to them. This is a case where complainants are entitled to follow this property into whatsoever form or situation it may be shown to be, and have it restored to them, or recover its fair value in the condition they find it.
“As between cestui que trust and trustee, and all parties claiming under the trustee, otherwise than by purchase for a valuable consideration without notice, all property belonging to a trust, however much it may be changed or altered in its nature or character, and all the fruit of such property, whether in its original or altered state, continues to be subject to or affected by the trust.” 28 Am. & Eng. Enc. Law (2d Ed.), p. 1108, note 10, citing Board of Fire & Water Com’rs of Marquette v. Wil kinson, 119 Mich. 655 (78 N. W. 893, 44 L. R. A. 493), and other cases.
The special prayers of the bill of complaint, and the general prayer for relief therein contained, are in my opinion sufficient to warrant the relief to which complainants are entitled. The powers of a court of equity are broad, and where, as in this case, the acts done are admitted, and the result has been of the nature and extent herein stated, such court does not hesitate to grant relief to parties appealing for the exercise of its equitable powers. The property of complainants appropriated by defendants was impressed with a trust to be followed in their hands or the hands of others with notice, and its value recovered by complainants in whatsoever form found. The clear conception of the equities of the case have been purposely clouded by defendants, whose argument is that complainants’ interest was worth nothing at the time of appropriation, and consequently a decree for a nominal amount was equitable. It would appear that defendants have overlooked the fact that the decree from which they have not appealed decides that there was an unlawful taking, and therefore under the law which we think applies to the case the increased value, if any can be shown was given to it by the activities of defendants, belongs to complainants. The record does not warrant the conclusion that this taking was simply an oversight in service of a notice of the meeting when the action was taken. On the contrary, the record shows the express intention to cut off such of these stockholders as they desired, and leave them to their legal remedy. This active fraud was followed by acts which clearly indicate the intention that, to aseertain their legal rights and interests in this property, stockholders who had been shut out would have no easy task.
An examination into the actual indebtedness of the Lansing & St. Johns Railway Company will, perhaps, be instructive and helpful in solving the difficulties of this case. It was capitalized for $500,000, and bonds of that amount were issued. The construction contract was given to John E. Mills and others to construct this road for its entire length for $100,000 cash, to be paid as follows: $35,000 to be paid on the completion of the first 10 miles, $35,000 when second 10 miles were completed; and the balance when a total of 95 miles was completed; also to issue to them 60 per cent, of the total capital stock on demand, at any time after the contract was executed; and, as a further consideration, to bond the road at $95,000 per mile, and deliver the bonds to the contractors. $500,000 bonds of an authorized issue of $1,750,000 were issued, certified by the Detroit Trust Company, trustee, and delivered to John E. Mills. These bonds were secured by a mortgage. No other bonds were then issued. John E. Mills negotiated a loan of $175,000 secured by a pledge of the bonds and the indorsement of Nelson Mills. The contract entered into was never completed by the contractors. John E. Mills became sick. His father, Nelson Mills, paid the $175,000 note given to the Detroit Trust Company. The. bonds pledged as security were then turned over to him.. No statutory foreclosure and sale of the pledged property was had. In 1909 complainants were voted out of office as directors. Later defendants became directors, and, voting this stock which had been issued to them, controlled the organization. In order to make them eligible, some of them had been given a share of stock each. In. 1903 defendant Myron W. Mills became president and James R. Elliott vice president. Then, for a claimed consideration that rights of way between Lansing and St. Johns had been procured and paid for by John E. Mills, the balance of the treasury stock, being all the remaining unissued stock of the corporation, and all subscription stock issued but not paid for, was voted to be issued to Nelson Mills, successor to all the rights of John E. Mills, giving him control or actual possession of 3,980 shares of the 5,000 shares of stock. This was done without any showing in the record of the amount actually involved. The record shows that the Mills stock was all voted at all of the meetings in favor of these different propositions above stated. The record does not show that any of the defendants except the interest now represented by Myron W. Mills ever paid any consideration for any of. the stock in this company, or invested any money in any of the transactions involved. Defendants claim that this corporation was at that time indebted as follows: Bonded indebtedness and interest, $571,000; balance unpaid on contract for construction, $60,000; total, $631,000. This is the construction contract which John E. Mills and others undertook to perform, but never completed further than .St. Johns, and we do not find in the record that this balance was a valid subsisting indebtedness, nor do we find that more than $175,000 of indebtedness existed at this time against the bonds, which were held by the Mills interest as security for practically all of the indebtedness.
About this time another corporation, called the "Lansing & Suburban Traction Company,” was organized by these defendants for the purpose of taking over the Lansing & St. Johns Company and the Lansing City Electric Railway Company. This last-named road the Mills Company and defendants Elliott and Moore had acquired for $65,000, which was paid by a note of the Mills Company for that amount. In this transaction also none of the defendants except the Mills interest paid any consideration. The transfer of the Lansing & St. Johns Company was made in consideration of the assumption of its indebtedness by the new corporation, when the Mills interest voted the majority of the stock. The Lansing City Electric Railway Company was transferred for $65,000 and the assumption of $100,000 indebtedness. These transfers occurred in March, 1904. John E. Mills had died in July, 1903. Nelson Mills became ill, and, for the purpose of carrying on these transactions, the Nelson Mills Company was organized, which included all of these individual defendants ; Moore and Elliott holding one share of stock each. The articles of incorporation of the Lansing & Suburban Traction Company were filed March 9, 1904. The incorporators were Nelson Mills, Myron Mills, James R. Elliott, and George G. Moore, who were named as directors and officers. Elliott and Moore put no money into the deal. It was capitalized for $1,000,000, of which $10,000 was issued to each of the above named. Nelson Mills died March 15, 1904.
The book value put upon these properties combined in this was $1,727,515.92. This is the evidence defendants claim was only a matter of bookkeeping. Whatever they may call it, it was the basis used from which was deducted all bonds and indebtedness, leaving $1,000,000 credit, upon which the entire stock was treated as fully paid, and the majority part of it issued to and held by defendants as such. At this time some of the original stockholders of the Lansing & St. Johns Company, who were identically interested as these complainants, were given, for their 73 shares, 100 shares of the Lansing & Suburban as fully paid and nonassessable. Defendants Mills and Elliott represented that this stock was worth about par. The rights of these original stockholders were explicitly recognized. A bond issue of the new company was negotiated for $750,000 for the purpose of taking up and canceling the outstanding bonds of the two old companies, and for making extensions and additions to the properties. $300,000 of the bonds of the Lansing & St. Johns Company held by Nelson Mills to secure $175,000, which he had paid as before stated, were at this time canceled, leaving but $200,000 of said bonds outstanding as such security. This was done with the consent of the Detroit Trust Company and Mr. Mills. It will be understood that this cancellation wiped out $300,000 of the claimed indebtedness of the Lansing & St. Johns Company, which defendants insist must be considered in this case as part of its indebtedness. This clearly shows that these bonds of this company were merely security for the indebtedness to Mills. A sufficient amount ($175,000) of the Lansing & Suburban bonds were issued to take up the old bonds of the two roads merged and take care of extensions, etc. All of these bonds were in fact placed in the hands of the Mills Company, which hypothecated them with the Knickerbocker Trust Company for a loan of $450,000. Later another trust deed was made for $1,000,000 to provide for the retirement of the $750,000. The balance of which ($250,000) was used as collateral to loans.
The next step taken by these defendants was a project to merge the Lansing & Suburban Traction Company with several other properties which they had acquired, or intended to acquire, into a corporation called the “ Michigan United Railways Company.” This corporation was organized with a capital of $5,000,000. It made a trust mortgage for $7,500,000 for the purpose of acquiring and paying for the properties to be merged. Defendant Myron W. Mills was president of this corporation, and defendants Elliott and Moore directors. The Lansing & Suburban Traction Company was sold to the new corporation for $1,000,000 of its common stock. Provision was made in the trust mortgage that, of the bonds to be issued, $1,600,000 should be delivered to the president, Mills, or the vice president, Elliott, for which they were not to be accountable to anybody. This was done, and out of the proceeds the Mills Company was paid in full for all claims of every nature which arose out of the transactions had with the Lansing & St. Johns road, and $240,000 were paid in profits to defendants. A more extended statement of the history of this transaction will be found in Dodge v. Mills, 150 Mich. 394 (113 N. W. 1123).
These facts relative to the Michigan United Railways are material as showing that the claim, as above stated, of the Mills Company, was satisfied. This is in fact the culmination of this chapter in high finance. All the facts herein narrated show that a deliberate plan was conceived and carried out to absolutely ignore the rights of complainants in this property. The record shows a strained effort to inflate the indebtedness of the Lansing & St. Johns Company contrary to the facts. It shows that this. property and its prospects were valuable, and so known to be by defendants; that they paid for it about twice as much as for the Lansing City Electric Railway property; that they recieved for it from the Lansing & Suburban par value for all its stock; that they recognized the same rights these complainants are here contending for in others who owned equal stock, and paid them in full in stock, share for share, with an addition, called “a gift,” of 27 shares, making $10,000 to each. The Mills people were simply the bankers of this combination. They were at no time without security which they considered good, and the result shows that their judgment was good. Not only have they been paid in full, but have taken their share of 'the balance of $1,600,000 in profits which have been divided between them, and of the $1,000,000 in stock in the Michigan United Railways, which was distributed to them. As said earlier in this opinion, complainants are entitled to the value this stock acquired in the hands of defendants, which they recognized, and upon which they repeatedly acted, and that was its par value. There is nothing chimerical or speculative about this. It is the application of equitable principles which are fundamental to facts which are not in dispute. Defendants relegated these parties to such rights as the law afforded them, and this court finds that each is entitled to the sum of $7,300, with interest from March 9, 1904.
A decree should be entered in favor of complainants modifying the decree of the circuit court in accordance with this opinion, and with costs of both courts.
Montgomery, J.
I concur in the view that complainants are entitled to recover substantial damages, but am not prepared to say that the amount should be that stated in the opinion of Mr. Justice McAlvay. | CASELAW |
1. pygame
2. Untitled project
3. pygame
Commits
aholkner committed 9496b56
Preliminary Python 2.3 support
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File SDL/dll.py
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if args:
_f._args = args
_f.__doc__ = doc
- _f.func_name = name
+ try:
+ _f.func_name = name
+ except TypeError: # read-only in Python 2.3
+ pass
return _f
# Ok, get function from ctypes
if args:
_f._args = args
_f.__doc__ = doc
- _f.func_name = name
+ try:
+ _f.func_name = name
+ except TypeError: # read-only in Python 2.3
+ pass
return _f
# Shortcuts to the SDL core library | ESSENTIALAI-STEM |
Utilize este identificador para referenciar este registo: http://hdl.handle.net/10400.21/4819
Título: On the choice of posittioning and cluster size for fixed relay stations in a LTE network
Autor: Martins, André
Rodrigues, António
Vieira, Pedro Manuel de Almeida Carvalho
Palavras-chave: Wireless communications
LTE
Cooperative MIMO
Fixed relaying
Cluster size
Data: Nov-2014
Editora: Springer
Citação: MARTINS, André; RODRIGUES, António; VIEIRA, Pedro Manuel de Almeida Carvalho – On the choice of positioning and cluster size for fixed relay relay stations in a LTE network. Wireless Personal Communication. ISSN: 0929-6212. Vol. 79, nr. 1 (2014) p. 745-762.
Resumo: The long term evolution (LTE) is one of the latest standards in the mobile communications market. To achieve its performance, LTE networks use several techniques, such as multi-carrier technique, multiple-input-multiple-output and cooperative communications. Inside cooperative communications, this paper focuses on the fixed relaying technique, presenting a way for determining the best position to deploy the relay station (RS), from a set of empirical good solutions, and also to quantify the associated performance gain using different cluster size configurations. The best RS position was obtained through realistic simulations, which set it as the middle of the cell's circumference arc. Additionally, it also confirmed that network's performance is improved when the number of RSs is increased. It was possible to conclude that, for each deployed RS, the percentage of area served by an RS increases about 10 %. Furthermore, the mean data rate in the cell has been increased by approximately 60 % through the use of RSs. Finally, a given scenario with a larger number of RSs, can experience the same performance as an equivalent scenario without RSs, but with higher reuse distance. This conduces to a compromise solution between RS installation and cluster size, in order to maximize capacity, as well as performance.
Peer review: yes
URI: http://hdl.handle.net/10400.21/4819
DOI: 10.1007/s11277-014-1884-y
ISSN: 0929-6212
1572-834X
Aparece nas colecções:ISEL - Eng. Elect. Tel. Comp. - Artigos
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Todos os registos no repositório estão protegidos por leis de copyright, com todos os direitos reservados. | ESSENTIALAI-STEM |
The world's first wiki where authorship really matters (Nature Genetics, 2008). Due credit and reputation for authors. Imagine a global collaborative knowledge base for original thoughts. Search thousands of articles and collaborate with scientists around the globe.
wikigene or wiki gene protein drug chemical gene disease author authorship tracking collaborative publishing evolutionary knowledge reputation system wiki2.0 global collaboration genes proteins drugs chemicals diseases compound
Hoffmann, R. A wiki for the life sciences where authorship matters. Nature Genetics (2008)
Links
Gene Review
Tsc1 - tuberous sclerosis 1
Rattus norvegicus
Synonyms: Hamartin, Tuberous sclerosis 1 protein homolog
Welcome! If you are familiar with the subject of this article, you can contribute to this open access knowledge base by deleting incorrect information, restructuring or completely rewriting any text. Read more.
Disease relevance of Tsc1
Psychiatry related information on Tsc1
• Tuberous sclerosis (TS) is an autosomal dominant disorder in which affected individuals manifest mental retardation, seizures, and a variety of benign and malignant tumors [6].
High impact information on Tsc1
• The phenotype of tuberous sclerosis in humans differs from that of the Eker rat, except for the occurrence of renal tumours [7].
• We have previously established a new conserved linkage group on rat chromosome 10q and human chromosome 16p13.3, and shown that the Eker mutation is tightly linked to the tuberous sclerosis (Tsc2) gene [7].
• We now describe a germline mutation in the gene encoding Tsc2 caused by the insertion of an approximately 5 kilobase DNA fragment in the Eker rat, resulting in aberrant RNA expression from the mutant allele [7].
• Furthermore, loss of a single copy of the Tsc1 gene was sufficient to perturb dendritic spine structure [8].
• Heterozygous Tsc1 mutant (Tsc1(+/-)) mice developed renal and extra-renal tumors such as hepatic hemangiomas [9].
Biological context of Tsc1
Anatomical context of Tsc1
Associations of Tsc1 with chemical compounds
Physical interactions of Tsc1
• Co-expression of tuberin stabilized hamartin, which is weakly ubiquitinated, in transiently transfected cells [11].
Other interactions of Tsc1
Analytical, diagnostic and therapeutic context of Tsc1
References
1. Tuberin is a component of lipid rafts and mediates caveolin-1 localization: role of TSC2 in post-Golgi transport. Jones, K.A., Jiang, X., Yamamoto, Y., Yeung, R.S. Exp. Cell Res. (2004) [Pubmed]
2. Platelet-derived growth factor-induced p42/44 mitogen-activated protein kinase activation and cellular growth is mediated by reactive oxygen species in the absence of TSC2/tuberin. Finlay, G.A., Thannickal, V.J., Fanburg, B.L., Kwiatkowski, D.J. Cancer Res. (2005) [Pubmed]
3. Ets protein Elf-1 bidirectionally suppresses transcriptional activities of the tumor suppressor Tsc2 gene and the repair-related Nth1 gene. Honda, S., Kobayashi, T., Kajino, K., Urakami, S., Igawa, M., Hino, O. Mol. Carcinog. (2003) [Pubmed]
4. Specific induction of hepatocellular adenomas by transplacental administration of ENU in the tsc2 gene mutant (Eker) rat. Fukuda, T., Mitani, H., Tsutsumi, M., Konishi, Y., Hino, O. Int. J. Oncol. (1998) [Pubmed]
5. Molecular genetics of renal carcinogenesis. Walker, C. Toxicologic pathology. (1998) [Pubmed]
6. Expression of the tuberous sclerosis 2 gene product, tuberin, in adult and developing nervous system tissues. Geist, R.T., Reddy, A.J., Zhang, J., Gutmann, D.H. Neurobiol. Dis. (1996) [Pubmed]
7. A germline insertion in the tuberous sclerosis (Tsc2) gene gives rise to the Eker rat model of dominantly inherited cancer. Kobayashi, T., Hirayama, Y., Kobayashi, E., Kubo, Y., Hino, O. Nat. Genet. (1995) [Pubmed]
8. Regulation of neuronal morphology and function by the tumor suppressors Tsc1 and Tsc2. Tavazoie, S.F., Alvarez, V.A., Ridenour, D.A., Kwiatkowski, D.J., Sabatini, B.L. Nat. Neurosci. (2005) [Pubmed]
9. A germ-line Tsc1 mutation causes tumor development and embryonic lethality that are similar, but not identical to, those caused by Tsc2 mutation in mice. Kobayashi, T., Minowa, O., Sugitani, Y., Takai, S., Mitani, H., Kobayashi, E., Noda, T., Hino, O. Proc. Natl. Acad. Sci. U.S.A. (2001) [Pubmed]
10. Regulation of microtubule-dependent protein transport by the TSC2/mammalian target of rapamycin pathway. Jiang, X., Yeung, R.S. Cancer Res. (2006) [Pubmed]
11. The tuberous sclerosis-1 (TSC1) gene product hamartin suppresses cell growth and augments the expression of the TSC2 product tuberin by inhibiting its ubiquitination. Benvenuto, G., Li, S., Brown, S.J., Braverman, R., Vass, W.C., Cheadle, J.P., Halley, D.J., Sampson, J.R., Wienecke, R., DeClue, J.E. Oncogene (2000) [Pubmed]
12. Absence of allelic loss in cytomegalic neurons of cortical tuber in the Eker rat model of tuberous sclerosis. Mizuguchi, M., Mori, M., Nozaki, Y., Momoi, M.Y., Itoh, M., Takashima, S., Hino, O. Acta Neuropathol. (2004) [Pubmed]
13. A new Western blotting method using polymer immunocomplexes: detection of Tsc1 and Tsc2 expression in various cultured cell lines. Fukuda, T., Tani, Y., Kobayashi, T., Hirayama, Y., Hino, O. Anal. Biochem. (2000) [Pubmed]
14. Distribution of Tsc1 protein detected by immunohistochemistry in various normal rat tissues and the renal carcinomas of Eker rat: detection of limited colocalization with Tsc1 and Tsc2 gene products in vivo. Fukuda, T., Kobayashi, T., Momose, S., Yasui, H., Hino, O. Lab. Invest. (2000) [Pubmed]
15. Isolation and characterization of a rat homologue of the human tuberous sclerosis 1 gene (Tsc1) and analysis of its mutations in rat renal carcinomas. Satake, N., Kobayashi, T., Kobayashi, E., Izumi, K., Hino, O. Cancer Res. (1999) [Pubmed]
16. Identification of the coding sequences responsible for Tsc2-mediated tumor suppression using a transgenic rat system. Momose, S., Kobayashi, T., Mitani, H., Hirabayashi, M., Ito, K., Ueda, M., Nabeshima, Y., Hino, O. Hum. Mol. Genet. (2002) [Pubmed]
17. Spatial memory formation and memory-enhancing effect of glucose involves activation of the tuberous sclerosis complex-Mammalian target of rapamycin pathway. Dash, P.K., Orsi, S.A., Moore, A.N. J. Neurosci. (2006) [Pubmed]
18. Activated mammalian target of rapamycin pathway in the pathogenesis of tuberous sclerosis complex renal tumors. Kenerson, H.L., Aicher, L.D., True, L.D., Yeung, R.S. Cancer Res. (2002) [Pubmed]
19. Transgenic rescue from embryonic lethality and renal carcinogenesis in the Eker rat model by introduction of a wild-type Tsc2 gene. Kobayashi, T., Mitani, H., Takahashi, R., Hirabayashi, M., Ueda, M., Tamura, H., Hino, O. Proc. Natl. Acad. Sci. U.S.A. (1997) [Pubmed]
20. Biallelic mutations of the Tsc2 gene in chemically induced rat renal cell carcinoma. Satake, N., Urakami, S., Hirayama, Y., Izumi, K., Hino, O. Int. J. Cancer (1998) [Pubmed]
21. Inactivation of the cyclin-dependent kinase inhibitor p27 upon loss of the tuberous sclerosis complex gene-2. Soucek, T., Yeung, R.S., Hengstschläger, M. Proc. Natl. Acad. Sci. U.S.A. (1998) [Pubmed]
22. Hamartin, the product of the tuberous sclerosis 1 (TSC1) gene, interacts with tuberin and appears to be localized to cytoplasmic vesicles. Plank, T.L., Yeung, R.S., Henske, E.P. Cancer Res. (1998) [Pubmed]
23. Hamartin expression and interaction with tuberin in tumor cell lines and primary cultures. Catania, M.G., Johnson, M.W., Liau, L.M., Kremen, T.J., deVellis, J.S., Vinters, H.V. J. Neurosci. Res. (2001) [Pubmed]
24. Distribution of Tsc2 protein in various normal rat tissues and renal tumours of Tsc2 mutant (Eker) rat detected by immunohistochemistry. Fukuda, T., Kobayashi, T., Yasui, H., Tsutsumi, M., Konishi, Y., Hino, O. Virchows Arch. (1999) [Pubmed]
WikiGenes - Universities
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Kyōgoku Tadataka
Kyōgoku Tadataka (京極 忠高) was a Japanese noble and the daimyō and head of the Kyōgoku clan (京極氏) of Japan during the Tokugawan power grab of the early 17th century.
Life
His Childhood name was Kumamaro (熊麿). Kyōgoku Tadataka was a member and head of the powerful Kyōgoku clan who claimed their noble descent from Emperor Uda (868–897). He was the son of Kyōgoku Takatsugu and his concubine. His paternal grandfather was Kyōgoku Takayoshi.
Kyōgoku Tadataka is best known for his participation in the Tokugawa clans 1615 military campaign for Osaka where he commanded 2,000 troops in service to the Tokugawas. During this campaign, he successfully led a flanking maneuver against the defenders of Osaka Castle in the Shigino area northeast of the castle together with Ishikawa Tadafusa and fellow clan member Kyōgoku Takatomo. This maneuver was instrumental in the Tokugawa victory.
Later from 1620 to 1629, Kyōgoku Tadataka is recorded as having spent ninety two thousand koku on the re-construction of Osaka Castle.
Marriage and Descendants
Kyōgoku Tadataka was married to the fourth daughter of Matsudaira Tadanao. In 1607, he married the fourth daughter of Tokugawa Hidetada, a marriage which did not produce any heirs. As such, the lands and assets of the family should have reverted to the ruling shōgun. However, the bakufu acted to continue his line by posthumously designating Kyōgoku Takakazu as an heir. Takakazu was Tadataka's nephew, the son of his brother Takamasa. Tadakazu was initially enfeoffed at Tatsuno (50,000 koku) in Harima Province.
Family
* Father: Kyōgoku Takatsugu
* Mother: Yamada-dono
* Foster Mother: Ohatsu
* Wife: Hatsuhime (1602 – 1630)
* Concubine: unknown
* Daughter: Ichiko married Taga Tsuneyoshi
* Adopted Son: Kyogoku Takakazu (1619-1662) | WIKI |
Subject: Re: CATS newbie
To: Chris Gilbert <chris@dokein.co.uk>
From: Tim <tjh-lists@arwen.com>
List: port-cats
Date: 03/21/2003 17:05:11
>You burnt it as a file to the cd? or burnt it as an image? (note simtec
>instructions lack here) but if you make an iso file system with the img
>(is it the img or the other file, there's 2 files) in the root partition
>of it, you should be able to do:
>boot cd0:filename
I burnt the file to cd, not using the file as an ISO9660 (I did actually
try telling Nero to do that but it baulked when it couldn't establish the
correct 2048/2356 sector-size or what-not so I figured that writing it as a
file was indeed the way to go).
That is to say, if I mount the CD in a PC its content is listed as:
flash-x86.img
It could be, however, that the image Nero burnt isn't strictly ISO9660
compliant. I'll try burning it again this evening with different options
and re-try.
>list of things to check this weekend, it appears the downloadable image is
>wrong! It should have a netbsd (does it have a netbsd.aout)
The ISO seems to contain "only" the contents of:
ftp.netbsd.org/pub/NetBSD/NetBSD-1.6/cats
and thus not netbsd.aout other than in gzipped form (unless I can boot that
directly?).
>I've found no issues with the 30 and 40GB disks in mine, but then I've got
>the latest firmware...
That's good to know, thanks. :)
I've "liberated" an old 250MB :O drive from a cupboard at work, so I'll try
formatting that ext2 and flashing from there if the CD flash still doesn't
work.
If I get the flash upgraded and the 20GB drive is properly recognised,
could I install by untarring the base sets with -zxpf (IIRC?) onto the 20GB
on another machine and popping it into the CATS?
Many thanks for your help,
Tim. | ESSENTIALAI-STEM |
Australia shares fall on worries over U.S. repo market; NZ drops
* Mining sector leads declines * Gold stocks rise on firmer bullion prices * NZ’s Metlifecare jumps on deal with EQT By Nikhil Subba Dec 30 (Reuters) - Australian shares fell on Monday, tracking a feeble finish on Wall Street last week, as investors were worried about the year-end pressure on repo market in the United States. The S&P/ASX 200 index dropped 0.6% to 6,783.70 by 0139 GMT. The benchmark had gained 0.4% on Friday. “There is a general concern to see how well everything squares off at the year’s end in the United States and that particularly points to the repo market,” said Brad Smoling, managing director at Smoling Stockbroking Pty Ltd. The U.S. Federal Reserve, earlier in the month, injected additional liquidity of $500 billion, as demand for funds to settle Treasury purchases and pay corporate taxes outweighed loans available. The shortage had put pressure on U.S. repo rates in September when interest rates in U.S. money markets shot up to as high as 10% for some overnight loans, more than four times the Fed’s rate. “If there is not enough liquidity available from the Fed for the end of the year for corporations and banks to balance books, that could cause a problem,” Smoling added. On Friday, the Nasdaq ended 0.2% lower, snapping a 11-day winning streak, while the S&P 500 closed flat. In Australian markets, the mining sector was the top loser, slipping almost 1% to record its worst session since Dec. 23. Index heavyweight BHP Group shed about 1%, while peer Rio Tinto fell as much as 1.4% to its lowest in two weeks. The financial sub-index fell as much as 0.9% to its lowest since Dec. 13 and worst session in almost three weeks. All of its components, including the “big four” banks, dropped. Despite oil prices hitting three-month highs on Friday, the energy space weakened as much as 0.8% to an over two-week low. Woodside Petroleum and Santos tumbled 1.1% each, to their lowest since Dec. 13 and Dec. 16, respectively. Only gold stocks rose, up about 0.5%, as bullion prices gained. New Zealand’s benchmark S&P/NZX 50 index slipped 0.1% to 11,589.36. Energy retailer Meridian Energy fell as much as 2.4% to a week’s low, while Mercury NZ lost 2.3%. Both were top losers on the benchmark. Retirement village operator Metlifecare Ltd rose as much as 7.1% to its highest since Nov. 2007 after it entered a deal with Asia Pacific Village Group (APVG), an entity of Swedish buyout firm EQT AB. (Reporting by Nikhil Subba in Bengaluru; editing by Uttaresh.V) | NEWS-MULTISOURCE |
Napredna pretraga
Pregled bibliografske jedinice broj: 427007
Specific targeted drugs delivery by TAT-technology
Grdiša, Mirica; Mikecin, Ana-Matea
Specific targeted drugs delivery by TAT-technology // Abstract book 42nd IUPAC Congress
Glasgow: RSC Publishing, 2009. str. 121-121 (poster, međunarodna recenzija, sažetak, znanstveni)
Naslov
Specific targeted drugs delivery by TAT-technology
Autori
Grdiša, Mirica ; Mikecin, Ana-Matea
Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni
Izvornik
Abstract book 42nd IUPAC Congress / - Glasgow : RSC Publishing, 2009, 121-121
Skup
42nd IUPAC Congress
Mjesto i datum
Glasgow, UK, 02.08.-07.08. 2009
Vrsta sudjelovanja
Poster
Vrsta recenzije
Međunarodna recenzija
Ključne riječi
Drug delivery; TAT-technology; p27; apoptosis
Sažetak
The importance of drug delivery is pivotal in the wide area of pharmacological research and it has not been solved yet. The main goal of every drug delivery system is the delivery of a precise amount of a drug to the desired location in order to achieve the necessary drug concentration in the targeted organ for effective treatment. Proteins and peptides are useful research and therapeutic tools, however their applications are limited because delivery to the desired location is not easily achievable. Process of protein transduction, using TAT-technology, allows the delivery of drugs and genetic materials inside the cells. This process occurred in a rapid, concentration-dependent fashion that appears to be independent of the receptors and transporters. It has broad implications in experimental systems for regulating intracellular processes and has the potential to be used in the development of new therapeutic strategies for cancer, infectious diseases, and development of vaccines. Cancer is the result of an imbalance among cell cycle progression and cell death, what is a reason that cancer research is increasingly focused on cell cycle and cell death regulatory mechanism. Apoptosis is genetically controlled form of cell death, with a distinctive role in both the development and prevention of cancer. It could be induced by a variety of anticancer drug. It is now well established that the reduced capacity of cancer cells of undergoing apoptosis is the main point in the pathogenesis and progression of large number of neoplasis as well as in therapeutic treatment failure. Drugs, with capability to target specific molecules are very attractive in treatment of cancer. Hyper proliferation of cancer cells is associated with deregulation of cell cycle progression, which is driven by the activities of CDKs. A key regulator of their activities is a p27 protein. It has significant role in cancer progression and antitumor drug response. To examine p27 as specific target molecule and its role in tumor cells apoptosis, protein transduction method is very suitable. This protein plays an important role in the arrest of the cell cycle and in communication between the extracellular signals and cell cycle controlling mechanism. To examine p27 as specific target molecule and its role in tumor cells apoptosis, transduction of TAT-p27, TAT-ptp27 and TAT-N'p27 was performed. It was shown that different forms of TAT-p27 protein can modulate the cell cycle of cultured cell lines and induced apoptosis, depending on the concentration and type of the cells. Also was shown that different signal transduction pathways were involved in induction of apoptosis. Thus, p27 could be used as a specific target for regulation of cell cycle and apoptosis in tumor cells. To introduce extraxellular p27 into the cells, protein transduction could be very useful. This method could give an opportunity for delivering of drugs into cells with emphasis on specific target molecules and result with major clinical improvement in curing cancer and similar diseases.
Izvorni jezik
Engleski
Znanstvena područja
Temeljne medicinske znanosti
POVEZANOST RADA
Projekt / tema
098-0982464-2393 - Molekularna obilježja miofibroblasta Dupuytrenove bolesti (Krešimir Pavelić, )
Ustanove
Institut "Ruđer Bošković", Zagreb | ESSENTIALAI-STEM |
Izumi-ku, Sendai
Izumi-ku (泉区) is the northernmost ward of the city of Sendai, in Miyagi Prefecture, Japan. , the ward had a population of 215,048 and a population density of 1470 persons per km2 in 90,336 households. The total area of the ward was 146.61 sqkm. Izumi-ku is the twelfth-largest ward in Japan in terms of area, and third-largest in Sendai (behind Aoba-ku and Taihaku-ku). Formerly the independent city of Izumi, the population of the area expanded extremely rapidly from the mid-1970s onwards as a bedroom community for central Sendai. In 1988, the city of Izumi was annexed by Sendai.
Geography
Izumi-ku is located inland, forming the northern portion of Sendai metropolis. The area is mountainous to the west, with Izumigatake as the highest point at 1172 meters.
Neighboring municipalities
* Miyagi Prefecture
* Aoba-ku, Sendai
* Miyagino-ku, Sendai
* Tomiya
* Taiwa
History
The area of present-day Izumi-ku was part of ancient Mutsu Province, and has been settled since at least the Japanese Paleolithic period. The area was inhabited by the Emishi people, and came under the control of the imperial dynasty during the late Nara period. During the Heian period, it was controlled by the Abe clan, followed by the Northern Fujiwara clan of Hiraizumi. During the Sengoku period, the area was dominated by various samurai clans before coming under the control of the Date clan during the Edo period, who ruled Sendai Domain under the Tokugawa shogunate. With the establishment of the post-Meiji restoration municipalities system, the area was organised into the villages of Fukuoka, Nishi-Tanaka, Nenoshiroishi, Hōzawa, Sanezawa, Ogaku, Nanakita, Ichinazaka, Matsumori, Furuuchi, Kamiyagari, No, Aramaki and Kitane within Miyagi District of Miyagi Prefecture prior to April 1, 1889
Municipal timeline
* April 1, 1889 - In Miyagi District, the villages of Izumidake (merger of the villages of Fukuoka, Nishi-Tanaka, Nenoshiroishi, Hōzawa, Sanezawa and Ogaku) and Nanakita (merger of the villages of Nanakita, Ichinazaka, Matsumori, Furuuchi, Kamiyagari, No, Aramaki and Kitane) were established.
* September 7, 1897 - Izumidake was renamed to Nenoshiroishi.
* April 1, 1931 - A portion of Nanakita (Aramaki and Kitane) was annexed by Sendai (specifically now part of Aoba-ku).
* April 10, 1955 - The remaining portion of Nanakita and Nenoshiroishi were combined to create the village of Izumi.
* August 1, 1957 - The village of Izumi was elevated to town status. (see Municipalities of Japan)
* November 1, 1971 - The town of Izumi was elevated to a city status.
* March 1, 1988 - Izumi was annexed to Sendai
* April 1, 1989 - When Sendai was designated as a city by the national government, Izumi-ku was formed as one of the five wards of the city.
Economy
Although Izumi-ku is mostly a residential area, it is also home to several college campuses; and companies such as Alps, Freescale Semiconductor, and Toppan have a large presence in the Izumi Parktown Industrial Park.
Colleges and universities
* Tohoku Gakuin University - Izumi campus
* Sendai Shirayuri Women's College
* Tohoku Seikatsu Bunka College
* Seiwa Gakuen College
Primary and secondary schools
Izumi-ku has 29 public elementary schools and 17 public junior high schools operated by the city government. The ward also has three public high schools operated by the Miyagi Prefectural Board of Education. The Tohoku International School and Sendai Shirayuri Gakuen Junior High School and High School (a private school) are also located in the ward.
Railway
* Sendai Subway - Nanboku Line
* Izumi-Chūō - Yaotome - Kuromatsu
Highway
* – (Izumi Interchange; Izumi Parking Area (ETC exit gate))
Notable buildings
* Yurtec Stadium Sendai (Sendai Stadium)
* Shellcom Sendai | WIKI |
Mar 11, 2013
By Michael Kramer
It’s one of the world’s enduring mysteries.
Now researchers have a new theory about the origins of Stonehenge.
They say it may have begun as a giant burial ground- in 3,000 BC.
Excavated human remains suggest that about 500 years before the site we know today was built, an even larger stone circle was erected at the same place as a community graveyard.
Professor Mike Parker-Pearson from University College, London says it’s believed the cremated remains were buried around 3,000 BC in an earlier circle which measured around 91 metres across and was larger than “the second Stonehenge” which is the monument still standing in the countryside in southern England today.
Various theories have been proposed about Stonehenge, including that it was a place for Druid worship, an observatory for astronomical studies, or a place of healing, built by early inhabitants of Britain who roamed around with their herds.
The study suggests that Stonehenge should be seen less as a temple of worship and more like a kind of building project that served to unite people from across Britain who brought their livestock and families for huge feasts and celebrations during the winter and summer solstices. | FINEWEB-EDU |
Indian flying fox Pteropus giganteus colony in Peradeniya Botanical Gardens, Sri Lanka
More details
Hide details
1
University of Primorska-Koper
Publish date: 2009-11-09
Hystrix It. J. Mamm. 2009;20(1)
KEYWORDS
ABSTRACT
A colony of Indian flying foxes in Peradeniya Botanical Gardens near Kandy, Sri Lanka, was spread over 20 hectares and numbered 24,480 bats in September 2002. The number of bats per tree varied between ten and 1200. The median value was low (= 50 bats per tree) and half of the trees contained between 30 and 100 bats. The mean density was c. 1200 bats per hectare, but was significantly higher along the western margin of the colony (3250 bats per hectare). Peradeniya possibly supports the largest aggregation of the Indian flying fox known currently.
eISSN:1825-5272
ISSN:0394-1914 | ESSENTIALAI-STEM |
R Tutorial Series: Centering Variables and Generating Z-Scores with the Scale() Function
March 1, 2012
By
(This article was first published on R Tutorial Series, and kindly contributed to R-bloggers)
Centering variables and creating z-scores are two common data analysis activities. While they are relatively simple to calculate by hand, R makes these operations extremely easy thanks to the scale() function.
Tutorial Files
Before we begin, you may want to download the dataset (.csv) used in this tutorial. Be sure to right-click and save the file to your R working directory.
The Scale() Function
The scale() function makes use of the following arguments.
• x: a numeric object
• center: if TRUE, the objects’ column means are subtracted from the values in those columns (ignoring NAs); if FALSE, centering is not performed
• scale: if TRUE, the centered column values are divided by the column’s standard deviation (when center is also TRUE; otherwise, the root mean square is used); if FALSE, scaling is not performed
Centering Variables
Normally, to center a variable, you would subtract the mean of all data points from each individual data point. With scale(), this can be accomplished in one simple call.
1. > #center variable A using the scale() function
2. > scale(A, center = TRUE, scale = FALSE)
You can verify these results by making the calculation by hand, as demonstrated in the following screenshot.
Centering a variable with the scale() function and by hand
Generating Z-Scores
Normally, to create z-scores (standardized scores) from a variable, you would subtract the mean of all data points from each individual data point, then divide those points by the standard deviation of all points. Again, this can be accomplished in one call using scale().
1. > #generate z-scores for variable A using the scale() function
2. > scale(A, center = TRUE, scale = TRUE)
Again, the following screenshot demonstrates equivalence between the function results and hand calculation.
Generating z-scores from a variable by hand and using the scale() function
Complete Scale() Example
To see a complete example of how scale() can be used to center variables and generate z-scores in R, please download the scale() example (.txt) file.
References
The official scale function manual page is available from: http://stat.ethz.ch/R-manual/R-patched/library/base/html/scale.html
To leave a comment for the author, please follow the link and comment on their blog: R Tutorial Series.
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Roche confident in Alzheimer’s program, despite Lilly flop
ZURICH (Reuters) - Roche said on Wednesday it still believed drugs targeting a protein called beta amyloid had potential to help fight Alzheimer’s disease, despite the high-profile failure of such a product from Eli Lilly. As the setback sent shares in Lilly skidding, Roche pointed out there were significant differences between two experimental Alzheimer’s drugs it was developing and the U.S. drugmaker’s failed solanezumab. “We remain confident in our clinical development programs and continue evaluating two late-stage antibodies that target beta amyloid, crenezumab and gantenerumab,” a Roche spokesman said in a statement. “Crenezumab and gantenerumab are distinct from each other, as well as from other investigational medicines.” Roche added its clinical trials programs incorporated lessons from ongoing research in the field, noting it was investigating high drug doses and also targeting early-stage patients, who might benefit more from drug interventions. The failure of Lilly’s amyloid-based drug has cast doubt on this approach to fighting the memory-robbing disease, although a number of experts believe other therapies tackling the problem protein in slightly different ways might still work. Reporting by John Miller and Ben Hirschler; Editing by Mark Potter | NEWS-MULTISOURCE |
By James Cooley - June 25 2008 tags: erlang admin xp testing python java
As a software developer in a startup it's a common enough task to have to set-up a server requiring the following recipe
• A firewall (apt-get install ufw)
• A mail server (apt-get install postfix)
• A web server (apt-get install apache2)
• A database (apt-get install postgres)
• Some development tools (apt-get install subversion git-core openjdk-6-jdk)
• Some python packages (easy_install -U django soaplib mechanize pytz lxml beautifulsoup mercurial)
It's pretty easy to add the packages and but it's harder to add apache modules, or configure a database, or add users.
Configuring a Linux image and deploying it to a cloud is a popular solution but that convenience probably doesn't help when servers start to misbehave. Wouldn't it be nicer if I could
• script this process
• use the script to monitor the box
• check if my machine has been compromised
• rebuild services as necessary
• Do backup over ssh (with Duplicity)
• And most important not have to go back to notes to figure out what happened when something breaks
In the XP test-first tradition you could define a set of tests and then write your script to something like
• check if my DNS servers are up
• test if the box is up
• check that only the expected ports are open
• check my application specific configuration
• log in and check activity
• update packages
• Send me a txt only if something was wrong.
The Expect toolkit lets you do just this - run a command and deal with a list of cases. The original Expect uses TCL but I like a Python implementation, Pexpect. To get a flavour of the Python version there's an example showing monitoring over ssh. There is an Erlang Expect implementation, Erlspect, that could be a very interesting when you consider how it is possible to create Domain Specific Languages in Erlang.
There are some pretty comprehensive deployment platforms out there like SmartFrog and Puppet but my deployment issues don't need scale up to that level of sophistication. I'd like to use my deployment tools to scale down to a MythTV box, a NETGEAR router or one of the new batch of ssh-capable mobile handsets so Expect seems closer to my needs. A Capistrano-like or ANT-based option might work here too but an Expect-based pattern would seem to be better for bespoke tasks.
The best pitch I have seen for a piece of software recently was for Feedparser
Parse RSS and Atom feeds in Python. 3000 unit tests. Open source.
Test-first system administration with Expect looks like a nice way to capture deployment logic for any kind of device. Any workflow system succeeds only if it can handle exceptional cases - Expect gives you a succinct way do just that. | ESSENTIALAI-STEM |
MotorTrend Logo
Sound Check and Install: Hooker BlackHeart Corvette Exhaust
Related Video
George NunezPhotographerDouglas GladAuthor
Does this really add horsepower? Yes, exhaust always adds power, especially to late-model EFI cars. But this isn't all about horsepower; it's also about making your Corvette sound better. The stock exhaust is way too quiet, especially during that cold start and idle we all like so much. When you pull away from a light, it needs to sound as good as a 6,000-rpm shift at WOT. Horsepower is good, but day-to-day muscle car sounds are essential for fun. Follow along as we add a Hooker BlackHeart stainless system to a 2008 Corvette.
Looks are everything sometimes. The Hooker BlackHeart cat-back exhaust system on the right lights up the back of the stock Corvette. The tips are 4-inch polished 304 stainless steel.
The primaries are 3 inches and are bent for maximum ground clearance with an X-pipe built into the system. The mufflers are a straight-through design with resonators to control drone. They have that V-8 mellow tone at idle and a nice late-model performance sound through the rpm range.
This system is designed to be cat-back. In other words, the catalytic converters and other CARB equipment is left alone, making it street legal in all 50 states.
In order to get the tailpipes over the axle, the sway bar needs to be removed. Otherwise, the swap is straightforward.
The Hooker system uses the stock mounting points and even the stock hangers.
The resonators fit in the space where the stock mufflers were. Make sure the stock heat shielding is in place; it is a tight fit.
Another shot of the stock mufflers next to the resonators for reference. The Hooker system is slightly taller.
The Hooker muffler bracket is included. Both mufflers can be rotated to get them straight and level.
The tips are huge with laser-etched branding and are rolled and polished for gas-station cred.
Sure, the Hooker BlackHeart 7050 1333-RHKR system is a bit on the expensive side at around $2,000 (although it goes on sale during the holidays for around $1,600). It's a good deal for an 18-gauge 304 stainless steel system that bolts together in a couple of hours. | ESSENTIALAI-STEM |
Moshe Simantov
About me
How I solve Next.js v13 cookies for server-side rendering (SSR)
How I solve Next.js v13 cookies for server-side rendering (SSR)
Introduction
Next.js v13
Next.js 13, the highly popular React framework, introduces a raft of transformative features aimed at creating more dynamic and efficient web experiences. Leveraging the utility of the new app directory, the system enables easier and faster routing and layouts. The entire process becomes streamlined with layouts allowing shared UI between routes, state preservation, and a reduction in re-renders. Next.js 13 also supports server components for the most dynamic applications and introduces streaming to allow for instant loading states.
A significant development is the introduction of Turbopack, a Rust-based Webpack replacement, promising up to 700x faster updates. It comes with a new and improved next/image component that supports faster native browser lazy loading. The @next/font component makes automatic self-hosting of fonts easier, eliminating layout shifts. Reinventing the next/link API simplifies making automatic <a>. The version also includes a host of incremental improvements to Next.js 12 that collectively promise a better, faster, and more developer-friendly experience.
Client and server-side components
One of the key updates in Next.js 13 is the support for both Client Components and Server Components, which are part of React's new Server Components architecture. This setup allows developers to leverage both the server and client to optimally use what each is great at, facilitating the creation of highly interactive applications with a single programming model.
Server Components are designed to render on the server and send HTML directly to the client. These components enable developers to build complex user interfaces while significantly reducing the amount of JavaScript sent to the client as they do not contain client-side interactivity. This makes it faster for initial page loads and enables a server-first approach with a controlled runtime size that remains constant, irrespective of your application's growth.
On the other hand, Client Components run either on the client-side or the server-side, and can use the full range of React's capabilities, including state, effects, and access to the DOM. Client components are hydration boundary, which means other components outside this boundary won't need to be hydrated.
With this flexibility, developers can decide which components of their app need the power and capability of the client, and which can be pre-rendered on the server side, enhancing performance and user experience. This also improves performance due to efficient code-splitting, as only required components are loaded for a given route, reducing the amount of JavaScript that needs to be parsed and executed.
The problem with cookies
While Next.js 13 is a significant improvement over its predecessor, it does have its share of issues. One of the most significant issues is the lack of cookies during server-side rendering (SSR). This is a problem that has been around for a while, and with no official solution in sight, developers have had to come up with their own workarounds.
Next.js does not have access to cookies during the server-side rendering (SSR), while the client does. This means that if you set a cookie on the client-side, it will not be available during server-side rendering and can break your hydrated application.
It's worth mention that server-side components also can't change cookies, as it will change the application state and require sending headers to the client before the component is rendered. So we have a weird situation that reading cookies using the cookies() helper is possible, but changing them is not.
Searching for a solution
Context provider
In orderr to solve this problem I had no choise but to create some sort of a wrapper to Next.js server cookies() and allow to use it while rendering client-side components on the server. The best way to do it is to create a custom context provider that will read the cookies from the server and pass them to the client-side components:
import { cookies } from 'next/headers';
import { ClientCookiesProvider } from './provider';
export default function RootLayout({ children }) {
return (
<ClientCookiesProvider value={cookies().getAll()}>
{children}
</ClientCookiesProvider>
);
}
THe provider itself is a simple React context provider that passes the cookies to the useCookies() hook:
'use client';
import { createContext, useContext } from 'react';
const CookiesContext = createContext(null);
export const ClientCookiesProvider = ({ value, children }) => {
return (
<CookiesContext.Provider value={value}>{children}</CookiesContext.Provider>
);
};
useCookies() hook
Great! Now let's make sure our useCookies() hook can create and update cookies as well as read them.
We'll use the js-cookie package for the client side:
export const useCookies = (): Cookies => {
if (typeof window !== 'undefined') {
return jsCookies;
}
// ...
};
For the server-side rendering we will need to use a little hack from next/navigation called ServerInsertedHTMLContext:
import { ServerInsertedHTMLContext } from 'next/navigation';
// usage example
const insertedHTML = useContext(ServerInsertedHTMLContext);
insertedHTML?.(() => (
<script
dangerouslySetInnerHTML={{
__html: `alert("Hello world!");`,
}}
/>
));
This will allow us to inject JavaScript code to the client and execute the changes we need when the client is rendered. In addition, I've created a full useCookies() implemtation that will match the js-cookie API (you can see the full source code here).
Conclusion
The next-client-cookies package is a simple solution to a complex problem. It allows you to use cookies in your Next.js application without having to worry about SSR issues. It's easy to use and works with Next.js v13+, so you can start using it today!
👉 Check out the package on GitHub and let me know what you think.
If you have any questions or feedback, please leave them in the comments below. I'd love to hear from you!
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BAL Most Valuable Player
The Basketball Africa League Hakeem Olajuwon Most Valuable Player Award (MVP) is an annual Basketball Africa League (BAL) award given to the best player of a given season. The award is named after all-time great Hakeem Olajuwon. The award was first handed out in the inaugural season to Walter Hodge.
From the 2024 season, fan voting was introduced in the process with 25% of the score being determined by online fan votes. Fans could vote on a selected pool of players.
Three players have won the award thus far. Nuni Omot from South Sudan is the only African player to have won the award. | WIKI |
Crate bitintr [] [src]
bitintr offers portable bit manipulation intrinsics (@github, @crates.io).
The intrinsics are named after their CPU instruction and organized in traits of the same name. These traits are implemented for all integer types except u128/i128.
The std::arch intrinsics are used when the required features are enabled in the target. You might manually enable features via -C target-feature=+... and/or -C target-cpu=....
Traits
Andn
Logical and not
Bextr
Bit field extract
Blcfill
Fill from lowest clear bit
Blci
Isolate lowest clear bit
Blcic
Isolate lowest clear bit
Blcmsk
Mask from lowest clear bit.
Blcs
Set lowest clear bit
Blsfill
Fill from lowest set bit
Blsi
Extract lowest set isolated bit.
Blsic
Isolate lowest set bit and complement
Blsmsk
Get mask up to lowest set bit.
Blsr
Resets lowest set bit.
Bzhi
Zero high bits
Cls
Count leading sign bits
Lzcnt
Count leading zeros
Mulx
Unsigned multiply without affecting flags.
Pdep
Parallel bits deposit
Pext
Parallel bits extract
Popcnt
Count bits set.
Rbit
Bit reverse
Rev
Byte reverse
T1mskc
Inverse mask from trailing ones
Tzcnt
Counts trailing zero bits
Tzmsk
Mask from trailing zeros | ESSENTIALAI-STEM |
Patrick Hughes
Patrick Hughes may refer to:
* Patrick Hughes (politician) (1831–1899), Canadian politician
* Patrick Hughes (tennis), (1902–1997), British tennis player from the 1920s and 1930s
* Patrick Hughes (boxer) (1909–1994), Irish Olympic boxer
* Patrick Hughes (artist) (born 1939), British artist
* Patrick M. Hughes (born 1942), director of the Defense Intelligence Agency
* Patrick Hughes (cricketer) (1943–2022), Irish cricketer
* Patrick Hughes (filmmaker) (born 1978), Australian film director
* Patrick Henry Hughes (born 1988), American musician | WIKI |
UNITED STATES of America, Appellee, v. Anne C. VOSS, Appellant. UNITED STATES of America, Appellee, v. Thomas E. LOWE, Appellant.
Nos. 84-2417, 84-2421.
United States Court of Appeals, Eighth Circuit.
Submitted Oct. 16, 1985.
Decided March 26, 1986.
Rehearing Denied April 25, 1986 in No. 84-2421.
As Amended on Denial of Rehearing En Banc May 29, 1986 in No. 84-2417.
Robert M. Paskal and Ronald Wessell, St. Louis, Mo., for appellant.
Debra E. Herzog, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.
JOHN R. GIBSON, Circuit Judge.
Anne C. Voss and Thomas E. Lowe separately appeal after a jury trial from convictions of attempted arson, in violation of 18 U.S.C. § 844(i) (1982), and four associated counts of mail fraud in violation of 18 U.S.C. § 1341 (1982). In addition, Voss appeals from a conviction of committing perjury before the grand jury, in violation of 18 U.S.C. § 1623 (1982). Appellants complain principally that the jury instruction on the interstate commerce element of the arson charge was erroneous. The jury was instructed to conclude that the property to be burned, a vacant St. Louis residence, was used in an activity affecting interstate commerce, if it found that the house was owned by Voss Associates, Inc., and that Voss Associates, Inc. had purchased insurance from a carrier doing business in more than one state. We conclude that the facts found by the jury do not form a sufficient basis to meet even the de minimus standard for showing that the building was used in an activity affecting interstate commerce. We therefore must reverse the arson convictions. However, we also conclude that the challenges to the mail fraud and perjury counts are without merit and affirm those convictions.
This case grows from an investigation jointly undertaken by the Illinois State Police, Division of Criminal Investigation (DCI), and the Federal Bureau of Alcohol, Tobacco, and Firearms, into arson activity in the St. Louis metropolitan area. The government’s evidence consisted largely of testimony of agents participating in the investigation and from conversations secretly tape-recorded between one of the agents, working undercover, and the appellants.
Through an informant, a DCI undercover agent, posing as an arsonist-for-hire and wearing a tape recorder, was introduced to Thomas Lowe. Lowe agreed, for a fee, to contact property owners interested in purchasing the agent’s proffered services. Among those brought to the agent by Lowe was Anne Voss, owner of Voss Associates, Inc., a real estate business.
On March 10, 1983, Voss met with the undercover agent at Lowe’s office and agreed to pay him $500 to set fire to a vacant residential property she owned, at 1207 Tyler, in St. Louis. Immediately after the meeting she paid him a $100 deposit. Two days later, Voss met with an insurance agent, referred to her by Lowe, to obtain fire insurance on the 1207 Tyler property. On the insurance application, which she signed on behalf of Voss Associates, Inc., and which she returned by mail, she stated that the property was “being rehabilitated.” Appellee’s Exhibit No. 4. Voss succeeded in insuring the property for $15,000.
In subsequent conversations, many of which were recorded, Voss and the DCI agent, with Lowe often serving as intermediary, planned the arson. Voss gave the agent directions to the property and told him to litter the property with wine bottles to “make it look like a couple of winos were sleeping in [the house] * * * a few wine bottles and a little fire and that’s it * * * then the police don't ask any more questions.” Tr. II, 122. In early May, 1983, shortly before the arson was to take place, Voss and Lowe were arrested.
Appellants were convicted of attempted arson and four associated counts of mail fraud. Voss also was convicted of perjury before the grand jury. Voss was sentenced to four years imprisonment on the arson and each of the mail fraud counts, to run concurrently, and to three years probation and a $5,000 fine on the perjury conviction. Lowe received a five year sentence on the arson count to run concurrently with the four year sentences on each of the mail fraud counts. This appeal followed.
I.
18 U.S.C. § 844(i) (1982) provides for punishment of anyone who
maliciously damages or destroys or attempts to destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate commerce or any activity affecting interstate or foreign commerce * * *.
As with most federal criminal statutes, section 844(i) requires that the acts proscribed have some connection to interstate commerce. Specifically, the jurisdictional element of section 844(i) is satisfied if the property to be burned is used in an activity affecting interstate commerce. Voss and Lowe claim that the district court improperly instructed the jury on this element. Thus, they charge, their convictions must be reversed.
The district court instructed the jury, over appellants’ objection, to conclude that the 1207 Tyler property was used in an activity affecting interstate commerce if it found: first, that the property was owned by Voss Associates, Inc.; and second, that Voss Associates, Inc. had purchased insurance from a carrier doing business outside the State of Missouri. Appellants challenge the instruction on two grounds. They contend that the instruction was improper because it requires a nexus only between interstate commerce and the owner of the building, not the building itself— it does not ask whether the insurance was purchased for the 1207 Tyler property — as is required by the statute. They also argue, in the alternative, that ownership by a business of a vacant, residential property, insured by a carrier doing business out of state, without more, is not legally sufficient to support the conclusion that the property was used in an activity affecting interstate commerce. Since an element of the section 844(i) offense, in this case the element which confers federal jurisdiction, was not satisfied, the arson convictions, defendants conclude, must be reversed.
The commerce clause authorizes Congress to punish any criminal activity bearing even a de minimus relation to interstate commerce. United States v. Perez, 402 U.S. 146, 91 S.Ct. 1357, 28 L.Ed.2d 686 (1971). Congress intended, in enacting section 844(i), to exercise its fullest, constitutionally permissible jurisdictional reach over persons attempting to commit arson to property affecting interstate commerce. Russell v. United States, — U.S.-, 105 S.Ct. 2455, 2456 & n. 4, 85 L.Ed.2d 829 (1985). Therefore, section 844(i) reaches attempted arson of any property used in an activity having even a de minimus connection to interstate commerce. See, e.g., United States v. Hansen, 755 F.2d 629, 630-31 (8th Cir.), cert. denied, — U.S. -, 106 S.Ct. 105, 88 L.Ed.2d (1985).
Admittedly, the de minimus standard is easily met. See e.g., Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290 (1964). Still, it is not always met. See, e.g., United States v. Mennuti, 639 F.2d 107 (2d Cir.1981). In support of the conclusion that the attempted arson has some connection to interstate commerce, the jury found that Voss Associates owned the building and purchased insurance from an interstate carrier. The connection here suggested is that property owned by a business insured by an interstate insurer is property “used” in an activity affecting interstate commerce. We believe that the de minimus standard — and the important federal-state balance it guards — if it be any standard at all, would be starved of content if sustained only by the thin jury findings in this case. Showing that a corporate property owner purchased insurance from a carrier doing business in more than one state, without showing more, is inadequate as a matter of law to demonstrate sufficient effect on interstate commerce to satisfy the de minimus standard.
This approach is not inconsistent with the decisions of other courts of appeals. The government argues that in United States v. Grossman, 608 F.2d 534 (4th Cir.1979), a section 844(i) case, federal jurisdiction was predicated upon the defendant’s purchase of insurance from an out-of-state carrier. Grossman involved a backhoe which had been manufactured in Iowa, sold and shipped to a Virginia equipment company, and then sold to a North Carolina construction company, the purchase being financed by a national lending institution. Upon the bankruptcy of the construction company, the guarantor of the loan acquired the backhoe, with refinancing by the same lender, and advertised it for sale to “anybody, anywhere” in a Tennessee trade newspaper. Thus it is plain that in Gross-man, many factors in addition to insurance combined to create the interstate effect. Similarly, in United States v. Barton, 647 F.2d 224 (2d Cir.), cert. denied, 454 U.S. 857, 102 S.Ct. 307, 70 L.Ed.2d 152 (1981), the court stated: “We are inclined to believe that the mere fact that a building is insured by an interstate carrier does not meet even the de minimus standard,” under section 844(i). Id. at 232. There too, however, the court discovered “undisputed evidence as to alternative jurisdictional predicates,” such as the sale of food and beverage, and the consumption of heating fuel, all originating outside the state, upon which to sanction the imposition of federal authority. Id. at 232-33. See also United States v. Belcher, 577 F.Supp. 1241, 1245 (E.D.Va.1983) (concluding that insurance was insufficient to confer federal jurisdiction, but finding other contacts to suffice).
In the present case only two facts were found, and they alone are not enough. We therefore conclude that because the jury instruction did not embody the adequate legal standard for an effect on interstate commerce, the findings sufficient to support the conclusion that the 1207 Tyler property was used in an activity affecting interstate commerce were not required.
We approach reversal on this count reluctantly. Certainly we believe the record contains sufficient evidence for the jury to have found facts properly supporting the interstate commerce element. Last Term, in Russell v. United States, — U.S.-, 105 S.Ct. 2455, 85 L.Ed.2d 829 (1985), the Supreme Court considered whether a two-unit residence, both of which units were rented, was for purposes of section 844(i) a building used in an activity affecting interstate commerce. The Court unanimously concluded: “The rental of real estate is unquestionably such an activity. We * * * recognize that the local rental of an apartment unit is merely an element of a much broader commercial market in rental properties.” Id. 105 S.Ct. at 2457-58 (footnote omitted). Following the logic of Russell, we must similarly recognize the breadth of the commercial market for properties undergoing rehabilitation with an eye toward resale. And that was precisely Voss’ business and the purpose to which she ostensibly put the 1207 Tyler property.
The testimony that Voss was in the real estate business was uncontradicted. Voss testified that she was a licensed real estate broker in the State of Missouri. She also testified that she owned Voss Associates and actively operated it on a daily basis. She signed the application for insurance as Secretary-Treasurer of Voss Associates. There also was evidence that Voss Associates was involved in real estate rehabilitation and resale. Voss testified that she was recognized by HUD as a development consultant, on major HUD projects. She described her purchase of another house for rehabilitation and investment purposes. She also referred in her testimony to individuals performing repairs to her property. Finally, the record makes plain that Voss Associates held the 1207 Tyler property for this purpose. On the fire insurance application, Voss stated that the 1207 Tyler property was undergoing rehabilitation. Our independent review of the record thus reveals ample evidence that Voss Associates, Inc., was a real estate business owned and operated by the appellant, which had acquired the 1207 Tyler property for the purpose of rehabilitation and resale. We therefore believe that the record contains the facts sufficient to show under the Russell standard that the 1207 Tyler property was used in an activity affecting interstate commerce.
Nevertheless, it is not for us to find the facts. The Constitution forbids conviction absent proof beyond a reasonable doubt of every fact necessary to constitute the crime. In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). If the sixth amendment right to have a jury decide guilt and innocence means anything, see Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968), it means that the facts essential to conviction must be proven beyond the jury’s reasonable doubt, not beyond ours. Connecticut v. Johnson, 460 U.S. 73, 86, 103 S.Ct. 969, 977, 74 L.Ed.2d 823 (1983) (plurality opinion); see also Glenn v. Dallman, 686 F.2d 418, 421 (6th Cir.1982). A jury verdict, if based on an instruction that allows it to convict without properly finding the facts supporting each element of the crime, is error. See Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Such error is not corrected merely because an appellate court, upon review, is satisfied that the jury would have found the essential facts had it been properly instructed. United States v. Ben M. Hogan, Inc., 769 F.2d 1293, 1298 (8th Cir. 1985), petition for cert. filed, 54 U.S.L.W. 3518 (U.S. Dec. 19, 1985) (No. 85-1067); United States v. Howard, 506 F.2d 1131, 1134 (2d Cir.1974). The error cannot be treated as harmless. Connecticut v. Johnson, 460 U.S. at 87-88, 103 S.Ct. at 977-78; see also Chapman v. California, 386 U.S. 18, 23 & n. 8, 87 S.Ct. 824, & n. 8, 17 L.Ed.2d 705 (1967).
In the face of challenge to an interstate commerce instruction, we have taken this view before. In United States v. Ben M. Hogan Co., Inc., 769 F.2d 1293, a prosecution under the Sherman Act, an instruction improperly including a conclusive presumption prevented the jury from finding the facts to decide whether the interstate commerce element had been satisfied. We reversed the conviction, despite our recognition that “in the record before us there appears to be ample evidence from which the jury could have found — and perhaps did find — that the element was proved.” Id. at 1298. Similarly, in United States v. Hiscott, 586 F.2d 1271 (8th Cir.1978), the jury was instructed incorrectly on the interstate commerce element in á vehicle theft prosecution under the Dyer Act. The trial court had instructed that the vehicle in question must have been disposed of “ ‘after it had been moved in interstate commerce,’ ” rather than “while it was still ‘a part of and constituted interstate commerce.’ ” Id. at 1275. We deemed this misstatement of the law “ ‘grave error.’ ” Id. (citing C. Wright, Federal Practice and Procedure § 487). And despite our belief that “the jury might have found that as of the time of the sale the necessary nexus between the vehicle and interstate commerce existed,” id., we reversed.
In the present case, we believe there is overwhelming evidence that the 1207 Tyler property was held by a real estate company for the purpose of rehabilitation and resale, facts sufficient under the Russell criteria to conclude that the property was used in an activity affecting interstate commerce. But what we believe the facts to be is irrelevant. The grave error in this case is that the jury never was required to find the necessary nexus between the 1207 Tyler property and interstate commerce. Instead, it was directed to conclude, upon an inadequate factual predicate, that an element of the crime had been proved. This was error. We therefore must reverse the attempted arson convictions under section 844(i).
II.
Lowe challenges his mail fraud convictions, 18 U.S.C. § 1341 (1982), on two grounds. First, he argues that the evidence produced at trial was not sufficient to prove either that he knowingly participated in a scheme to defraud the insurer or caused the United States mails to be used to execute that scheme. Second, he asserts that the trial judge erroneously failed to instruct the jury that Lowe must have caused the mails to be used and that he must reasonably have foreseen that the mails would be used.
The standards that govern our review of sufficiency challenges are well established. We must evaluate the evidence in its entirety and review it in the light most favorable to the verdict to determine whether a rational factfinder could have found the appellant guilty. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 2791, 61 L.Ed.2d 560 (1979); United States v. LaGuardia, 774 F.2d 317, 319 (8th Cir.1985). All conflicts in the verdict and all reasonable inferences must be resolved in favor of the verdict. United States v. Resnick, 745 F.2d 1179, 1185 (8th Cir.1984).
Government testimony established that Lowe introduced the DCI agent to Voss to help her burn the 1207 Tyler property, and that he often acted as broker to their communications. It further established that he called the insurance agent to help Voss buy fire insurance on the 1207 Tyler property. There was testimony and physical evidence that the United States mails were used to process the insurance application. With this evidence, the jury found that Lowe participated in a scheme to defraud in which he could reasonably have foreseen the use of the United States mails. We have carefully reviewed the record, and taking the evidence as a whole, conclude that the jury verdict is supported by sufficient evidence.
With regard to the jury instruction challenge, we note first that Lowe did not raise this objection before the jury retired to deliberate, as is required under Fed.R. Crim.P. 30. Thus, he failed to preserve this objection for full review. Therefore, our review is limited to whether the instructions were “so completely erroneous as to result in a miscarriage of justice.” Kampmeyer v. United States, 227 F.2d 313, 322 (8th Cir.1955), cert. denied, 351 U.S. 904, 76 S.Ct. 706, 100 L.Ed. 1441 (1956); see also United States v. Martin, 751 F.2d 258, 261 (8th Cir.1984).
In United States v. Pereira, 347 U.S. 1, 8-9, 74 S.Ct. 358, 362-63, 98 L.Ed. 435 (1954), the Supreme Court stated that:
Where one does an act with knowledge that the use of the mails will follow in the ordinary course of business, or whether such can reasonably be foreseen, even though not actually intended, then he “causes” the mails to be used.
The jury was instructed that Lowe must have “wilfully participated [in the scheme to defraud] with knowledge of its fraudulent nature.” Tr. VI, 98. Applying the presumption articulated in Pereira, we cannot conclude that the causation instruction incorrectly stated the law. In addition, contrary to Lowe’s assertion, the jury was instructed further that, “it is sufficient if * * * use of the mails by * * * somebody else was reasonably foreseeable.” Tr. VI, 98-99. Thus, Lowe’s complaints are utterly without merit.
III.
Voss complains that the district court’s refusal to sever her trial from Lowe’s precluded her calling Lowe as a witness and thus undermined her fifth amendment right to due process and sixth amendment right to compulsory process. She contends that through Lowe’s testimony she could have shown that Lowe, not she, ordered the fire insurance, and that she “had merely signed for it and paid the premiums.” Brief of Appellant Voss at 27.
Judicial economy suggests that, when the right to a fair trial is not put at risk, persons charged in the same offense should be tried together, especially when proof against them is based upon the same evidence or acts. United States v. Singer, 732 F.2d 631, 634 (8th Cir.1984); United States v. Smith, 578 F.2d 1227, 1236 (8th Cir.1978). Severance should be granted only upon a showing of real prejudice to an individual’s right to a fair trial; this requires more than a showing that a separate trial will enhance the chance of acquittal. United States v. Nabors, 762 F.2d 642, 651 (8th Cir.1985); United States v. Reed, 658 F.2d 624, 629 (8th Cir.1981), cert. denied, 455 U.S. 1002, 102 S.Ct. 1636, 71 L.Ed.2d 870 (1982). The defendant must show that she would call the co-defendant at a separate trial, that the co-defendant would testify, and that the testimony would be exculpatory. United States v. DeLuna, 763 F.2d 897, 921 (8th Cir.), cert. denied, — U.S. -, 106 S.Ct. 382, 88 L.Ed.2d 336 (1985); United States v. Starr, 584 F.2d 235, 239 (8th Cir.1978), cert. denied, 439 U.S. 1115, 99 S.Ct. 1019, 59 L.Ed.2d 73 (1979). Moreover, a motion for severance under Fed.R.Crim.P. 14 is addressed to the sound discretion of the trial court. A denial will be reversed only for abuse of discretion. United States v. Lee, 743 F.2d 1240, 1248 (8th Cir.1984); United States v. Yates, 734 F.2d 368, 369-70 (8th Cir.1984). In showing an abuse of discretion and real prejudice, a defendant shoulders a heavy burden. United States v. Reed, 733 F.2d 492, 508 (8th Cir.1984).
To meet this burden, Voss asserts simply that had she been able to examine Lowe, she could have shown that Lowe ordered the insurance on the 1207 Tyler property. She made no specific offer of proof. Moreover, at trial, the insurance agent who sold the insurance to Voss testified that Voss, not Lowe, had ordered the insurance from him. Under these circumstances, we cannot conclude that the district court abused its discretion in rejecting Voss’ motion for severence.
IV.
On the opening day of trial, Voss requested a continuance to permit an expert to test the tape recordings for authenticity. Voss claims that the district court’s refusal to grant the continuance violated her sixth amendment rights to compulsory process and effective assistance of counsel.
In determining whether to grant a continuance, the trial judge must balance the asserted need for the continuance against the hardship of the resulting delay, and should also consider the complexity of the case, the diligence of the party requesting a continuance, and the conduct of the opposing party. United States v. Coronel-Quintana, 752 F.2d 1284, 287-88 (8th Cir.), cert. denied, — U.S. -, 106 S.Ct. 66, 88 L.Ed.2d 54 (1985); United States v. Little, 567 F.2d 346, 348-49 (8th Cir.1977), cert. denied, 435 U.S. 969, 98 S.Ct. 1608, 56 L.Ed.2d 60 (1978). Because this balancing requires intimacy with the parties and particular circumstances of the case, the trial court retains broad discretion to grant a continuance. Morris v. Slappy, 461 U.S. 1, 11, 103 S.Ct. 1610, 1616, 75 L.Ed.2d 610 (1983). This discretion is reviewable only for abuse. Ungar v. Sarafite, 376 U.S. 575, 589, 84 S.Ct. 841, 849, 11 L.Ed.2d 921 (1964); United States v. Reeves, 730 F.2d 1189, 1193 (8th Cir.1984).
As the record shows, the district court recognized that challenge to the authenticity of the tapes was critical to Voss’ case, and balanced her need against the difficulties that would result from trial delay. In addition, he observed that almost eight months had elapsed from indictment to trial, during which time the government had made the tapes readily available for expert review. The record further shows that Voss’ counsel possessed copies of the tapes for over a month and that Voss listened to them at home. We have reviewed the district court’s ruling and the underlying record and cannot conclude that the denial of the requested continuance constitutes an abuse of discretion.
V.
During trial, the jurors were furnished with transcripts of the tape recordings, prepared by the government, to help them with parts that were difficult to hear. Voss charges that under our decision in United States v. McMillan, 508 F.2d 101 (8th Cir.1974), cert. denied, 421 U.S. 916, 95 S.Ct. 1577, 43 L.Ed.2d 782 (1975), it was error to permit the jury’s use of the transcripts because no foundation as to their accuracy had been laid.
The rule of McMillan seeks to protect against reliance on transcripts which vary from the tape recordings. 508 F.2d at 105-06. Thus, McMillan requires that a foundation as to accuracy be laid only if accuracy is an issue. Id. at 105. See also United States v. Kirk, 534 F.2d 1262, 1276 (8th Cir.), cert. denied, 430 U.S. 906, 97 S.Ct. 1174, 51 L.Ed.2d 581 (1976). At trial and at oral argument to this court, Voss proffered generalized assertions of inaccuracy. But the record is barren of a specific objection on accuracy grounds, despite Voss’ having had ample time to review both tapes and transcripts before trial. Moreover, the safeguards recommended by McMillan were observed. Id. at 105-06. The transcripts were not offered into evidence, but were provided merely to assist the jury while it heard the tape recordings. In addition, the trial court instructed the jury that the transcripts were not evidence, but were provided for guidance only, and that should inconsistencies between tapes and transcripts be perceived, the tapes control. Therefore, we must reject this challenge.
VI.
Voss and Lowe complain that in one instruction, the district court stated that “the Government must prove guilt beyond all possible reasonable doubt,” Tr. VI-88 (emphasis supplied), rather than beyond any reasonable doubt, as is required by the Constitution. In Re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1072, 25 L.Ed.2d 368 (1970). This misstatement, they urge, requires reversal of their convictions.
In gauging the effect of a jury charge on the validity of a conviction, we must determine whether the challenged instruction was prejudicial in light of the whole charge. Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973); United States v. Hash, 688 F.2d 49, 52 (8th Cir.1982). Repeatedly throughout the lengthy jury charge, the district court correctly articulated the beyond any reasonable doubt standard. We are convinced that this single slip, in light of the entire charge, did not mislead the jury as to the standard of proof for a conviction. Therefore, we reject appellants' argument.
VII.
Finally, in a supplemental brief, filed late and overlength, Voss herself repeats arguments better pressed by her counsel, and adds new challenges. We believe that in the face of overwhelming evidence of guilt, her attorney provided capable and thorough counsel, and that her supplemental brief was unnecessary. While-we recognize her right to self-representation, Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and appreciate the gravity of the confinement she faces, we do not believe that where a party has been adequately represented by counsel she retains the right to burden the court with substantial additional briefing. Nevertheless, we have considered her supplemental arguments and conclude that each is wholly without merit.
We reverse the attempted arson convictions under 18 U.S.C. § 844(i) as to both Voss and Lowe and affirm all other counts.
. The district court instructed the jury:
If you find beyond a reasonable doubt that the building at 1207 Tyler, St. Louis, Missouri, was owned by Voss Associates Incorporated and further find that Voss Associates Incorporated purchased insurance from an insurance carrier doing business in a state other than the State of Missouri, then you are instructed that as a matter of law that the building at 1207 Tyler was used in an activity affecting interstate commerce.
Tr. VI, 97.
. In United States v. Hansen, 755 F.2d at 631, we pointedly declined to embrace the sweeping view taken by the Seventh Circuit in the Russell case, 738 F.2d 825 (7th Cir.1984), a view later endorsed by the Supreme Court. Now, of course, the standard of Russell, broad as it is, governs our review.
. Recently, in Cabana v. Bullock, — U.S.-, 106 S.Ct. 689, 88 L.Ed.2d 704 (1986), the Supreme Court considered whether a state appellate court, in proportionality review of a felony murderer’s death sentence, is competent to find facts from the record. Under Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), the eighth amendment forbids imposition of the death penalty on a felony murder "who does not himself kill, attempt to kill, or intend that a killing take place or that lethal force will be employed.” Id. at 797, 102 S.Ct. at 3376. The Court in Bullock agreed with the Fifth Circuit, which had granted the habeas writ, that the jury instruction did not require a finding that the petitioner had committed the act or possessed the intent necessary to impose the death penalty. But the Court continued that examination of the jury instruction "is only the first step." 106 S.Ct. at 696. Enmund findings, the Court held, may be made from the record by the state appellate court. Id. at 697-98.
The Court, however, carefully distinguished the state appeals court’s fact-finding competence in the Enmund situation from its competence in review of convictions. Enmund, the Court stressed, concerns sentencing and proportionality review. Sentencing decisions, even involving the death penalty, have never been required to be made by the jury. Id. Similarly, proportionality determinations are well within the competence of the appellate court. Id. In sum, Enmund "establishes no new elements of the crime of murder that must be found by the jury.” Id.
In the present case, of course, we deal not with sentencing, but with interstate commerce, an element of the § 844(i) charge and a constitutional prerequisite to conviction. Therefore, it is plain that whatever imprimatur Bullock places on a state appeals court’s power to review sentencing decisions does not enhance the federal appellate court’s competence to find from the record facts essential to conviction.
. The court in Hiscott suggested, however, that despite the flawed instruction, if the jury finding prerequisite to conviction were a logical certainty, affirmance would be appropriate. 586 F.2d at 1275. In two recent cases, neither involving interstate commerce, this tack was taken. In Redding v. Benson, 739 F.2d 1360 (8th Cir.1984), cert. denied, — U.S.-, 105 S.Ct. 1210, 84 L.Ed.2d 352 (1985), the defendant was convicted of attempted theft of property worth over $1,000. The jury never was asked to find that the property was worth over $1,000. However, the property in question was a $12,000 bank account. In denying habeas relief, we commented: "The only element lacking is a finding beyond a reasonable doubt that $12,-000.00 in cash has a value over $1,000.00." Id. at 1364. Somewhat more troublesome is United States v. Moeckly, 769 F.2d 453 (8th Cir.1985), cert. denied, — U.S. —, 106 S.Ct. 1947, 90 L. Ed.2d 357 (1986), where we held that "proof of venue may be so clear that the failure to instruct on the issue is not reversible error." Id. at 461 (citing United States v. Netz, 758 F.2d 1308 (8th Cir.1985) (per curiam)). Judge Arnold, concurring, agreed that the evidence of venue was overwhelming. "As a practical matter,” he conceded, "the chance that this jury could have disbelieved the evidence that one or more overt acts were committed in Minnesota, while still returning a guilty verdict, approaches zero." Id. at 466. But he worried that "the verdict of guilty as to the offenses charged does not, as a logical matter, necessarily include a determination that anything was done in Minnesota.” Id. Like an effect on interstate commerce, proper venue in a criminal case is a constitutional prerequisite to conviction. We therefore are pressed to reconcile Moeckly and Ben M. Hogan. Nevertheless, Ben M. Hogan, like the present case, specifically concerned interstate commerce, an element of the crime. It therefore points clearly and certainly to the result we reach.
. Appellants also challenge the sufficiency of the evidence to convict under § 844(i). Lowe raises challenges on the attempt and malice elements and Voss challenges the evidence of intent. These are close issues, but we believe the evidence was just over the line establishing sufficiency. Because we reverse the § 844(i) convictions on jurisdictional grounds, we need not undertake a detailed examination of the evidence on these issues which may differ should the government choose to retry the case.
. We recognize that because Voss received four year sentences to run concurrently on the arson and each of the mail fraud convictions, our reversal on the arson conviction may have no effect on the duration of her confinement. See, e.g., Lee v. Lockhart, 754 F.2d 277, 278 (8th Cir.1985) (discussing scope of concurrent sentence doctrine). Lowe, however, received a five year sentence on the arson conviction in addition to four year sentences on each of the mail fraud counts. Therefore, our reversal of his arson conviction reduces his aggregate sentence from five years to four.
| CASELAW |
6.6.1 on long lists
Serge D. Mechveliani mechvel at botik.ru
Sat Jun 30 04:15:56 EDT 2007
Dear GHC developers,
I tried to test the ghc-6.6.1 performance on long lists.
And there is something a bit suspicious about the test.
Consider the program
-----------------------------------------
main = putStr (shows res "\n")
where
n = k*10^6 :: Int
k = 2 -- put k = 2,4,6, ...
res = head $ rev [1 .. n]
rev xs = r [] xs where r xs [] = xs
r xs (y: ys) = r (y: xs) ys
-----------------------------------------
512 Mb RAM machine, Pentium 4, 1.6 GHz, Debian Linux.
`Making': ghc -O --make Main
Running time Main +RTS -M400m -RTS
---- ghc-6.6.1 -------------------|
k time [sec] minimal needed ghc-5.02.3
for 400Mb heap (-M..) [Mb]
2 1.3 41 2 sec 41 Mb
4 3.0
6 7.8
8 8.8 164 8
------------------
10 23.7
12 24.7 244
14 25.1 13
-----------------------------------------------------------------
Should the cost of this program be linear in k ?
For example:
8/4 = 2, time(8)/time(4) = 8.8/3.0 =~= 2.9
Should this ratio be near 2.0 ?
Further, at k = 10, the time jumps.
This is, probably, due to that a list of 10*10^6 ints takes about
8*10*10^6 bytes =~= 80 Mb (please, is this so ?),
the program may need a copy of this list ... and this total may be
close to -M400M (?),
and thus garbage collection happens (once).
After k = 10, it looks again like linear.
My impression is that at the segment k <- [2, 8] the cost is about
k*(log k).
Thank you in advance for your comments.
Regards,
-----------------
Serge Mechveliani
mechvel at botik.ru
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evolution of stars
stellar evolution
The evolution of stars of different kinds. Credit: SETI Institute.
star forming region in the Small Magellanic Cloud
The star cluster NGC 346 and its surrounding star-formation region. Located 210,000 light-years away in the Small Magellanic Cloud, the cluster is one of the most dynamic and intricately detailed star-forming regions known. Image: Hubble Space Telescope.
The life history of a star, from birth to death, the timescale and details of which depend crucially on the star's initial mass (see stars, masses) and, to a far lesser extent, on its composition. A star's lifetime is roughly proportional to 1/M 2.5, where M is the stellar mass, so that, for example, doubling the mass cuts the star's lifetime by a factor of more than 5, while increasing the mass 10-fold drops the life expectancy by a factor of about 300. Stellar evolution is shown succinctly by the Hertzsprung-Russell diagram (HR diagram).
Stars form in giant molecular clouds within localized regions that have undergone gravitational collapse. Dense concentrations of gas arise in which gravitational potential energy is converted into light and heat. A young protostar becomes hot enough (2,000 to 3,000 K) to glow red, but is obscured by a thick cocoon of gas and dust that allows only infrared and microwaves to pass through. At some point, the central temperature of the protostar climbs high enough for deuterium, a heavier isotope of hydrogen, to undergo fusion, which temporarily halts the object's gravitational contraction. When the deuterium is used up, the embryonic star continues its gravitational infall as a pre-main-sequence object, until its core temperature reaches the point at which normal hydrogen burning can take place and the star joins the main sequence. Here it remains, in a stable condition, for about 90% of its lifetime. When the star exhausts its central hydrogen supply, the core, deprived of outward radiation pressure, begins to shrink; meanwhile fusion starts in a shell around the core. This phase is relatively rapid and sees the star's outer layers swell and cool, through the subgiant stage, to yield a red giant, or, in the case of a very massive star, a red supergiant.
A star's subsequent career continues to hinge on its mass. For stars heavier than one solar mass, the hydrogen-burning shell eats its way outward leaving more and more helium behind. As the helium piles up, the core gains massive and so contracts, becoming denser and hotter. Eventually, the core becomes so dense that the electrons inside it enter the state of an electron degenerate gas – a condition in which they resist further contraction or expansion. As the hydrogen shell continues to burn, the degenerate core grows hotter, until, at a temperature of about 100 million K, helium begins to fuse into carbon by the triple-alpha process. The energy released by this process raises the core's temperature still further. Under normal circumstances, this would cause the core to expand and cool. But, as the core is degenerate, there is no expansion and the temperature rise goes up unchecked. Higher temperature means a faster triple-alpha rate, which produces more energy, which raises the temperature further, and so it goes on. When the temperature of the core reaches 300 million K, a nearly explosive consumption of the helium takes place in the so-called the helium flash. In this remarkable event, which lasts only a few minutes, the star generates energy at 100 times the rate of the rest of the Galaxy put together. However, this huge surge of energy never reaches the surface but instead goes into removing the degeneracy of the electrons and expanding the core. For stars more than 2 solar masses, the triple-alpha process starts before the electrons become degenerate and so there is no helium flash – just a gradual shift to a core-helium-burning.
After helium-burning begins, either explosively or gradually, the star has two sources of energy: hydrogen fusion in a shell around the core and helium fusion in the core itself. Helium fuses to give carbon, and some of this carbon combines with helium to yield oxygen. At the same times as the core of the star becomes rich in carbon and oxygen nuclei, the surface temperature climbs until the star reaches a part of the HR diagram known as the horizontal branch. Stars with masses greater than or equal to one solar mass become smaller and hotter at a constant luminosity. They evolve to the horizontal branch by moving across the HR diagram at constant brightness – low mass stars with about 10 times the luminosity of the Sun, high mass stars (10 solar masses) with about 200 solar luminosities. Notice that as they evolve, HB stars cross the instability strip. For a short time, high mass stars will be Cepheid variables and low mass stars will be RR Lyrae stars.
After existing as horizontal branch stars for a few million years, the helium in the core of the star is exhausted (now being mostly carbon and oxygen nuclei) and a helium burning shell develops below the hydrogen burning shell. The electrons and nuclei in the core again become degenerate and the star expands and cools to become an asymptotic giant branch star. Most of the energy comes from the hydrogen burning shell, the helium burning shell is small at this time. However, the hydrogen shell is dumping helium ash onto the helium shell. After some time, enough helium is built up so that the helium shell undergoes an explosive event called a thermal pulse. This pulse is barely noticed at the surface of the star, but it serves to increase the mass of the carbon/oxygen core so that the size and luminosity of the star gradually increases with time. As the star climbs the asymptotic giant branch, a stellar wind develops in the star's envelope that blows the outer layers into space. In this wind, dust particles (important for interstellar clouds and proto-solar systems) are formed from carbon material dredged up from the core by convective currents. During this time, a thick dust shell blocks the visible light from the star such that even though it is 10,000 brighter than the Sun, it is only seen in the infrared. The stellar wind causes mass loss for AGB stars. This loss is around 10-4 solar mass per year, which means that in 10,000 yr the typical star will dissolve, leaving the central, hot core (the central star in a planetary nebula). If the star is larger than 8 solar masses, then the core continues to heat. Carbon and oxygen fuse to form neon, then magnesium, then silicon. All forming into burning shells surrounding an iron ash core. Iron is unusual in that it is extremely stable and resistant to fusion. The temperature of an iron core can reach 3 billion degrees. When the iron core reaches a critical mass, it collapses, suddenly, to become a neutron star or possibly even a black hole, while the outer layers are violently expelled in a supernova explosion.
As an asymptotic giant branch star becomes larger and more luminous, the rate at which is loses mass also increases. For stars less than 8 solar masses, a strong stellar wind develops and the outer layers of the star are removed to expose the hot degenerate core. As the gas is expelled and the core is visible, the color of the star becomes much bluer and moves to the left in the HR diagram at constant luminosity. Only a few 1,000 yr are needed for the temperature of a star to grow to 30,000 K. At this temperature, the star begins to emit large quantities of ultraviolet radiation. This UV radiation is capable of ionizing the hydrogen shell of matter that escaped from the star during the AGB phase. This shell of ionized hydrogen glows deep red as a planetary nebula. In the center of the planetary nebula is the remnant core, which gradually cools to become a white dwarf. Since the white dwarf has no further source of energy, it simply cools over many billions of years and fades to a solid, inert lump – a black dwarf.
Material lost by stars, whether in the form of stellar winds, planetary nebulae, or supernovae is returned to the interstellar medium to begin the process of star formation and evolution all over again. Moreover, as it is only within the interior of stars that heavy elements such as carbon and oxygen are formed, this dissemination and recycling of star matter is crucial to the development of life as we know it. | ESSENTIALAI-STEM |
Page:The Greek and Eastern churches.djvu/466
440 stroke he had granted freedom, if not social equality. His reward was assassination by agents of one of the secret societies formed in the interests of liberty. Nothing could demonstrate more clearly the deep-rooted disease of the body politic. And yet improvements were still going forward. | WIKI |
match vs others v2
Benchmark created on
Setup
var testString1 = "C0001";
var testString2 = "Q0001";
function testMatch(str) {
return str.match(/^C/) !== null;
}
function testCharAt(str) {
return str.charAt(0) === 'C';
}
function testProp(str) {
return str[0] === 'C';
}
function testSubstr(str) {
return str.substr(0,1) === 'C';
}
function testSubstring(str) {
return str.substring(0,1) === 'C';
}
function testSlice(str) {
return str.slice(0,1) === 'C';
}
function testTest(str) {
return /^C/.test(str);
}
Test runner
Ready to run.
Testing in
TestOps/sec
match
testMatch(testString1);
testMatch(testString2);
ready
charAt
testCharAt(testString1);
testCharAt(testString2);
ready
prop
testProp(testString1);
testProp(testString2);
ready
substr
testSubstr(testString1);
testSubstr(testString2);
ready
substring
testSubstring(testString1);
testSubstring(testString2);
ready
slice
testSlice(testString1);
testSlice(testString2);
ready
test
testTest(testString1);
testTest(testString2);
ready
Revisions
You can edit these tests or add more tests to this page by appending /edit to the URL. | ESSENTIALAI-STEM |
Template:Attached KML/Tennessee State Route 452
overpass-turbo.eu export Filtered OSM data converted to KML by overpass turbo. Copyright: The data included in this document is from www.openstreetmap.org. The data is made available under ODbL. Timestamp: 2023-06-13T08:22:53Z -86.4292398,36.0399813 -86.428819,36.0400076 -86.4285961,36.0400215 -86.4270333,36.0401165 -86.4263331,36.0401535 -86.4257656,36.0401874 -86.4250701,36.040235 -86.4245041,36.0402655 -86.4239117,36.0402961 -86.4232894,36.0403265 -86.4228924,36.0403438 -86.4223721,36.0403568 -86.4223421,36.0403575 -86.4219751,36.0403655 -86.4214494,36.0403655 -86.4210739,36.0403612 -86.4206447,36.0403525 -86.4202209,36.0403351 -86.4197864,36.0403178 -86.4193626,36.0402961 -86.4189335,36.0402701 -86.4184292,36.0402354 -86.4180752,36.0402093 -86.417587,36.0401573 -86.416996,36.040097 -86.4135422,36.0397365 -86.4056512,36.0389037 -86.405324,36.038869 -86.4049806,36.0388256 -86.4047661,36.0387996 -86.40453,36.0387562 -86.4042511,36.0386955 -86.4040472,36.0386391 -86.4038273,36.0385697 -86.4035322,36.0384612 -86.4032962,36.0383571 -86.4030655,36.0382487 -86.4027411,36.0380578 -86.4024754,36.03788 -86.4022555,36.0377151 -86.4020838,36.0375676 -86.4018478,36.0373204 -86.4016922,36.0371295 -86.4015206,36.0369083 -86.4013865,36.0367044 -86.4012845,36.0365309 -86.4012094,36.0363964 -86.4011451,36.0362576 -86.4010592,36.0360537 -86.4009412,36.035698 -86.4003217,36.0335254 -86.4003073,36.0334748 -86.4002261,36.033191 -86.399822,36.0318158 -86.3989671,36.0288958 -86.3987204,36.0280629 -86.3986506,36.0278329 -86.3985755,36.02759 -86.3984897,36.027334 -86.3983824,36.0270781 -86.3982805,36.0268742 -86.3981785,36.026705 -86.3980659,36.0265358 -86.3979157,36.0263058 -86.397803,36.0261583 -86.3976475,36.0259674 -86.3974812,36.0257852 -86.3973095,36.0256203 -86.3971003,36.0254468 -86.3968857,36.0252863 -86.3966443,36.0251127 -86.3964351,36.0249826 -86.3961723,36.0248351 -86.3958933,36.0247049 -86.3956251,36.0245964 -86.3952818,36.024475 -86.3949438,36.0243752 -86.3945468,36.0242797 -86.3941713,36.0242147 -86.3937958,36.0241756 -86.3918175,36.0240665 -86.3887479,36.0238893 -86.3834103,36.0235986 -86.3787272,36.0233556 -86.3754871,36.0231821 -86.3715871,36.0229651 -86.3692697,36.0228176 -86.3675263,36.0227395 -86.3656594,36.0226658 -86.3643237,36.0225877 -86.3621136,36.0224445 -86.3617649,36.0224185 -86.3608924,36.0223629 | WIKI |
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Date: Fri, 3 May 2019 17:35:37 +0300
From: Tzvetomir Stoyanov <tstoyanov@...are.com>
To: rostedt@...dmis.org
Cc: linux-trace-devel@...r.kernel.org, linux-kernel@...r.kernel.org,
tom.zanussi@...ux.intel.com
Subject: [PATCH] Documentation/trace: Add clarification how histogram onmatch works
The current trace documentation, the section describing histogram's "onmatch"
is not straightforward enough about how this action is applied. It is not
clear what criteria are used to "match" both events. A short note is added,
describing what exactly is compared in order to match the events.
Signed-off-by: Tzvetomir Stoyanov <tstoyanov@...are.com>
---
Documentation/trace/histogram.txt | 11 +++++++----
1 file changed, 7 insertions(+), 4 deletions(-)
diff --git a/Documentation/trace/histogram.txt b/Documentation/trace/histogram.txt
index 7ffea6aa22e3..b75a75cfab8c 100644
--- a/Documentation/trace/histogram.txt
+++ b/Documentation/trace/histogram.txt
@@ -1863,7 +1863,10 @@ hist trigger specification.
The 'matching.event' specification is simply the fully qualified
event name of the event that matches the target event for the
- onmatch() functionality, in the form 'system.event_name'.
+ onmatch() functionality, in the form 'system.event_name'. Histogram
+ keys of both events are compared to find if events match. In case
+ multiple histogram keys are used, they all must match in the specified
+ order.
Finally, the number and type of variables/fields in the 'param
list' must match the number and types of the fields in the
@@ -1920,9 +1923,9 @@ hist trigger specification.
/sys/kernel/debug/tracing/events/sched/sched_waking/trigger
Then, when the corresponding thread is actually scheduled onto the
- CPU by a sched_switch event, calculate the latency and use that
- along with another variable and an event field to generate a
- wakeup_latency synthetic event:
+ CPU by a sched_switch event (saved_pid matches next_pid), calculate
+ the latency and use that along with another variable and an event field
+ to generate a wakeup_latency synthetic event:
# echo 'hist:keys=next_pid:wakeup_lat=common_timestamp.usecs-$ts0:\
onmatch(sched.sched_waking).wakeup_latency($wakeup_lat,\
--
2.20.1
Powered by blists - more mailing lists | ESSENTIALAI-STEM |
labeltable: Label Table
Nick Huntington-Klein
2023-03-14
The vtable package serves the purpose of outputting automatic variable documentation that can be easily viewed while continuing to work with data.
vtable contains four main functions: vtable() (or vt()), sumtable() (or st()), labeltable(), and dftoHTML()/dftoLaTeX(). This vignette focuses on labeltable().
labeltable() is designed to take a single variable and show the values it is associated with. This can also be used to generate data documentation if desired, or can just be an easy way to look at label values, or learn more about the data you’re working with.
If that variable has value labels from the sjlabelled or haven packages, it will show how the values in the data correspond to the value labels.
Alternately, you can include other variables as well, and labeltable() will show, for each value of the variable you’re interested in, the values that those other variables take. This can be handy, for example, if you used some variables to create a numeric ID and want to remember what original values correspond to each ID. It can also act as sort of a cross-tabulation.
The labeltable() function
vtable() syntax follows the following outline:
labeltable(var,
...,
out=NA,
count=FALSE,
percent=FALSE,
file=NA,
desc=NA,
note=NA,
note.align=NA,
anchor=NA)
labeltable() is a function that shows the values that correspond to var. This could be value label values, or it could be the values found in the data for the ... variables.
#Include a single labelled variable to show how the values of that variable correspond to its value labels.
library(vtable)
## Loading required package: kableExtra
library(sjlabelled)
data(efc)
labeltable(efc$e15relat)
e15relat Label
1 spouse/partner
2 child
3 sibling
4 daughter or son -in-law
5 ancle/aunt
6 nephew/niece
7 cousin
8 other, specify
#Include more than one variable to show, for each value of the first, what values of the others are present in the data.
data(mtcars)
labeltable(mtcars$cyl,mtcars$carb,mtcars$am)
cyl carb am
4 1, 2 1, 0
6 4, 1, 6 1, 0
8 2, 4, 3, 8 0, 1
out
The out option determines what will be done with the resulting label table file. There are several options for out:
Option Result
browser Loads output in web browser.
viewer Loads output in Viewer pane (RStudio only).
htmlreturn Returns HTML code for output file.
return Returns output table in data.frame format.
csv Returns output table in data.frame format and, with a file option, saves that to CSV.
kable Returns a knitr::kable()
latex Returns a LaTeX table.
latexpage Returns an independently-buildable LaTeX document.
By default, vtable will select ‘viewer’ if running in RStudio, and ‘browser’ otherwise. If it’s being built in an RMarkdown document with knitr, it will default to ‘kable’.
count and percent
These options allow labeltable() to act as a sort of table(), where it will also include the counts and/or percentage of the variable that takes each value.
library(vtable)
data(LifeCycleSavings)
labeltable(efc$e15relat, count = TRUE, percent = TRUE)
e15relat Label Count Percent
1 spouse/partner 171 18.98%
2 child 473 52.50%
3 sibling 29 3.22%
4 daughter or son -in-law 85 9.43%
5 ancle/aunt 23 2.55%
6 nephew/niece 22 2.44%
7 cousin 6 0.67%
8 other, specify 92 10.21%
file
The file argument will write the variable documentation file to an HTML file and save it. Will automatically append ‘html’ filetype if the filename does not include a period.
library(vtable)
data(LifeCycleSavings)
labeltable(efc$e15relat,file='lifecycle_variabledocumentation')
desc, note, and anchor.
desc will include a description of the data set (or whatever you like) in the file, which may be useful for documentation purposes.
note will add a table note in the last row.
anchor will add an anchor ID (<a name = in HTML or \label{} in LaTeX) to allow other parts of your document to link to it, if you are including your vtable in a larger document.
desc will only show up in full-page labeltables. That is, you won’t get them with out = 'kable', out = 'return', out = 'csv', or out = 'latex' (although out = 'latexpage' works). note and anchor will only show up in formats that support multi-column cells and anchoring, so they won’t work with out = 'kable', out = 'csv', or out = 'return'.
note.align
This option is used only with LaTeX output (out is ‘latex’ or ‘latexpage’). note.align is a single string used for alignment, specifically for any table notes set with note, which enters as part of a \multicolumn argument. It accepts ‘p{}’ and other LaTeX column types. Be sure to escape special characters, in particular backslashes. | ESSENTIALAI-STEM |
Page:The Female-Impersonators 1922 book scan.djvu/305
Rh "The Boy of the Piave" (America's Gift to Italy in 1921) | WIKI |
Can you read this without eye surgery? If not, here's our guide to restoring perfect sight (without wearing glasses)
• The ultimate guide to the best treatment for your sight problem
Until a couple of decades ago, the most common way to correct a person’s sight problem was for them to wear spectacles or contact lenses.
Now, however, sophisticated corrective eye surgery techniques can reduce or entirely eliminate the need for glasses. But which should you choose?
We speaks to the experts who outline the different procedures available – and identify which is best for you...
Eye spy: Although LASIK eye surgery is a common solution to eye problems, it is not always the optimum choice
Eye spy: Although LASIK eye surgery is a common solution to eye problems, it is not always the optimum choice
CATARACTS
WHAT IS IT?
A cataract is a clouding of the lens, the part
of the eye that helps focus light on to the retina to form an image. As the lens ages, it can turn yellow and cloudy so that light is unable to pass through to the retina. The result is that vision becomes blurred.
SOLUTION
Lens replacement surgery.
HOW IT WORKS
Most cataract surgery is performed under local anaesthetic and the procedure takes about 30 minutes. ‘The old lens is usually removed using a technique called phacoemulsification,’ says Mr Niall Patton, consultant ophthalmologist, cataract and vitreoretinal surgeon at Manchester Eye Hospital.
This involves making a small incision in the cornea – the surface at the front of the eye – with a blade before the cataract is broken up using high-frequency ultrasound. Some clinics now use a state-of-the-art laser to create a more accurate incision. The fragments are then removed through a fine tube before an artificial lens is inserted which unfolds once it is in place inside the eye.
‘Lenses are fixed on the NHS for just one level of vision, usually distance,’ says Mr Patton. ‘Patients are then left needing glasses for reading and close-up work. Premium lenses, such as multifocal lenses – for distance and near vision – are only available privately.’
20/20 vision: Nicole Kidman has had LASIK surgery to correct her blurred vision
20/20 vision: Nicole Kidman has had LASIK surgery to correct her blurred vision
RECOVERY
‘Patients are usually advised to take a week off work,’ says Mr Patton. ‘And they’ll need to use eye drops to aid healing and prevent infection for approximately four weeks.’
COST
Monofocal lenses are available in NHS hospitals, but for £2,000 to £2,500 privately. Multifocal lenses are £3,000 to £3,500.
SHORT-SIGHTEDNESS
WHAT IS IT?
Short-sightedness or myopia usually occurs because the eyeball is too long or the cornea is too curved. The cornea is responsible for focusing light on to the lens and, in turn, the retina. In a myopic eye, light doesn’t reach the retina, resulting in blurred distance vision.
SOLUTION
LASEK surgery, which involves using a laser to reshape the cornea, without an incision.
HOW IT WORKS
Laser eye surgery works by removing tissue from the cornea to change its shape. Although LASIK surgery (see the LONG-SIGHTEDNESS panel below) is the most commonly used type of laser eye surgery, LASEK surgery can be used when a patient’s cornea is too thin for LASIK. ‘It’s also used if you participate in active sports and are at risk of being hit in the eye,’ says Prof David Gartry, consultant ophthalmic surgeon at London’s Moorfields Eye Hospital.
The procedure, under local anaesthetic, involves alcohol applied to the eye to soften the protective layer so it can be pushed to one side. Once tissue is exposed, the cornea can be reshaped. It takes ten minutes per eye
RECOVERY
One week off work is advised because vision may be hazy for up to ten days.
COST
£2,500 to £3,500 for both.
LONG-SIGHTEDNESS
WHAT IS IT?
Long-sightedness, or hypermetropia, is caused by the eyeball being too short or the cornea being too flat. Both defects cause the light to focus beyond the retina, making it difficult to see nearby objects. Distance vision is usually normal.
SOLUTION
LASIK or IntraLASIK surgery, involves cutting into the eye in order to reshape the cornea.
‘Laser surgery is more limited when treating long-sightedness,’ says Prof Gartry. ‘That’s because it’s easier to flatten the surface of the cornea – as we do with short-sight – than it is to make it more curved, which is what we need to do to correct this problem. Patients are left with a greater chance of needing glasses afterwards, albeit with a weaker prescription.’
How it is done: Laser eye surgery works by removing tissue from the cornea to change its shape
How it is done: Laser eye surgery works by removing tissue from the cornea to change its shape
HOW IT WORKS
‘After applying anaesthetic drops, a small flap is made on the surface of the cornea,’ says Prof Gartry. ‘IntraLASIK uses a laser and LASIK uses a small, hand-held device.’ Another laser is used to remove some corneal tissue, thereby reshaping it before the flap is replaced. The procedure takes around ten minutes per eye. Nicole Kidman had Lasik surgery to correct her blurred vision. She says: ‘Now I have 20/20 vision and I notice if people are watching me, but I also smile back if someone waves.’
‘We also have new Wavefront technology to guide and customise the IntraLASIK procedure,’ says Prof Gartry. ‘It measures the eye’s prescription at initial consultation, meaning the treatment is more accurate.
RECOVERY
Patients are usually back at work after two days.
COST
£3,000 to £4,000 for both eyes with the Wavefront technology.
PRESBYOPIA
WHAT IS IT?
Presbyopia is the medical term used to describe age-related long-sightedness that develops from the mid-40s onwards.
As the eye ages, the natural lens loses its flexibility and ability to focus, due to weakening muscles.
This means that close-up objects become more difficult to see and the sufferer needs the help of reading glasses.
WHAT TO ASK YOUR SURGEON
It is important to ask your surgeon the following questions before you decide to undergo a procedure.
Do you have the Certificate of Competence from the Royal College of Ophthalmic Surgeons?
How many procedures do you perform a year?
The figure should be at least 500.
What is your success rate?
At least 75 per cent of cases should result in 20/20 vision.
What is the complication rate for your clinic?
The average complication rate is five per cent nationally.
How much formal training do you have in laser eye surgery?
The absolute minimum you should be looking for is three months.
Are you accredited and do you hold a specialist NHS post?
Professor Gartry also warns: ‘Beware any clinics offering “two eyes for one” deals and discounts if you book by a certain date. A patient’s decision to have a surgical procedure shouldn’t be based on an offer with a deadline.
'And, of course, ensure you’ve seen the surgeon performing your operation ahead of the procedure to fully discuss your options.’
SOLUTION
Lens replacement surgery or Laser Blended Vision (LBV).
HOW IT WORKS
‘The lens replacement procedure is the same as for cataract surgery,’ says Mr Patton.
‘Multifocal lenses are generally implanted to replace the ageing lens rather than monofocals.’
LBV works by making one eye see better at distance and the other better close-up.
‘With LBV, both eyes see at distance and near, but one performs slightly better at distance, while the other is slightly better close-up,’ says Professor Dan Reinstein of the London Vision Clinic.
‘The brain merges the images from both eyes naturally and 97 per cent of people can adapt to this slight difference.’
LBV tends to be performed using the LASIK method.
‘It’s a much less invasive alternative to lens replacement for presbyopia,’ says Prof Reinstein.
RECOVERY
Vision can settle within just three hours.
COST
From £4,800 for both eyes.
ASTIGMATISM
WHAT IS IT?
Astigmatism is a condition that causes blurred vision due to the cornea being unevenly curved. The irregular shape results in two focal points rather than one.
SOLUTION
ReLEX smile, a new ‘keyhole’ version of LASIK surgery. It can also correct short-sightedness and presbyopia. It is so new it is only available at the London Vision Clinic.
HOW IT WORKS
Under local anaesthetic a laser cuts out a small disc of tissue in the front of the cornea, without the need for a flap.
‘The laser passes through the surface of the cornea to outline the tissue to be removed,’ says Prof Reinstein.
‘It then creates a 2mm incision, through which the surgeon removes the lens or tissue with a super-fine pair of tweezers. It’s much less invasive, so surgeons can treat far higher prescriptions compared to LASIK and LASEK.’
RECOVERY
Heals within hours. Patients are back to work the next day.
COST
From £4,800 for both eyes.
Advertisement
Can you read this without eye surgery? If not, here's our guide to restoring perfect right (without wearing glasses) | ESSENTIALAI-STEM |
Polycythemia
Polycythemia (erythrocytosis) is a condition characterized by an increase above normal in the number of red cells in the circulating blood, usually accompanied by an increase in the quantity of hemoglobin and in the volume of packed red cells. The increase may be either an actual rise in the total quantity of red cells in the circulation, or it may be the result of a loss of blood plasma and thus a relative increase in the concentration of red cells in the circulating blood (relative polycythemia). The latter may be the consequence of abnormally lowered fluid intake or of marked loss of body fluid, such as occurs in persistent vomiting, severe diarrhea, or copious sweating or when water is caused to shift from the circulation into the tissue.
Polycythemia occurs in response to some known stimulus for the production of red cells. This is in contrast to a disease called polycythemia vera, in which an increased amount of red cells are produced without a known cause. In polycythemia vera there is usually an increase in other blood elements as well.
Polycythemia is a response by the body to an increased demand for oxygen. It occurs when hemoglobin is not able to pick up large amounts of oxygen from the lungs (i.e., when it is not “saturated”). This may result from decreased atmospheric pressure, as at high altitudes, or from impaired pulmonary ventilation. The sustained increase in red cells in persons who reside permanently at high altitudes is a direct result of the diminished oxygen pressure in the environment. Chronic pulmonary disease (e.g., emphysema—abnormal distension of the lungs with air) may produce chronic hypoxemia (reduced oxygen tension in the blood) and lead to polycythemia. Extreme obesity also may severely impair pulmonary ventilation and thereby cause polycythemia (pickwickian syndrome).
Congenital heart disorders that permit shunting of blood from its normal path through the pulmonary circuit, thereby preventing adequate aeration of the blood, can also cause polycythemia, as can a defect in the circulating hemoglobin. The latter defect may be congenital because of an enzymatic or a hemoglobin abnormality, as mentioned above; or it may be acquired as the result of the excessive use of coal tar derivatives, such as phenacetin, which convert hemoglobin to pigments incapable of carrying oxygen (methemoglobin, sulfhemoglobin). Lastly, polycythemia can develop in the presence of certain types of tumours and as the result of the action of adrenocortical secretions. Treatment of polycythemia due to any of these causes involves the correction or alleviation of the primary abnormality.
In polycythemia vera the number of red cells and often also the numbers of white cells and platelets are increased, and the spleen usually is enlarged. In this disease the stem cell precursor of the bone marrow cells produces excessive progeny. Persons with polycythemia vera have an exceptionally ruddy complexion and may have headaches, dizziness, a feeling of fullness, and other symptoms. Because of the excessive quantities of red cells, the blood is usually thick, and its flow is retarded; it sometimes clots in the blood vessels (thrombosis) of the heart, the brain, or the extremities with serious consequences. One of the simplest methods of treatment is to remove the blood, one pint at a time, from a vein until the cellular level approaches normal and the symptoms disappear. Occasionally it may be necessary to use drugs or radiation therapy, in the form of radioactive phosphorus, to restrain the overactivity of the marrow cells. These treatments must be avoided when possible, however, because of their potential complications.
Maxwell M. Wintrobe Jane F. Desforges
Diseases related to white blood cells
Variations in the number of white blood cells (leukocytes) occur normally from hour to hour, the highest counts being recorded in the afternoon and the lowest in the early morning. Temporary increases also normally occur during muscular exercise, menstruation, pregnancy, and childbirth, as well as in certain emotional states. Abnormal changes in the count, appearance, or proportion of the various white cells are indicative of pathological conditions in the body. | ESSENTIALAI-STEM |
Argued and submitted March 6, reargued and submitted en banc October 1, 2014,
reversed and remanded March 18,
petition for review allowed July 30, 2015 (357 Or 595)
STATE OF OREGON, Plaintiff-Respondent, v. BELL MURPHY ANDERSEN, Defendant-Appellant.
Washington County Circuit Court
C111600CR; A150872
346 P3d 1224
Jonah Morningstar argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.
Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.
Before Haselton, Chief Judge, and Armstrong, Ortega, Sercombe, Duncan, Nakamoto, Hadlock, Egan, DeVore, Tookey, Garrett, and Flynn, Judges, and Wollheim, Senior Judge.
ARMSTRONG, J.
DeVore, J., dissenting.
ARMSTRONG, J.
Defendant appeals a judgment of conviction for unlawful delivery of methamphetamine that was based on evidence obtained from a warrantless search of defendant’s Jeep. Defendant assigns error to the trial court’s denial of her motion to suppress evidence, arguing that the automobile exception to the warrant requirement did not apply to the search of her Jeep and, hence, that the search violated Article I, section 9, of the Oregon Constitution. We agree with defendant and reverse her conviction.
A Beaverton police officer, McNair, arranged a drug transaction between an informant and Compton, a suspect in drug activity for whom an arrest warrant had been issued. Compton agreed to meet the informant to facilitate the purchase of half an ounce of methamphetamine. Compton served in the deal as a drug broker, telling the informant that defendant would supply the drugs. Compton told the informant to look for a silver Jeep or a red sedan in a WinCo parking lot.
Henderson, a plainclothes officer, circled the WinCo parking lot in an unmarked car, awaiting the transaction. When he returned to the front area of the parking lot, he saw a silver Jeep that had not been there a minute before. The Jeep had stopped some distance away from other vehicles and was positioned askew, across several parking spaces. Henderson watched Compton speak to the occupants and then lean through the open passenger window. Henderson advised other officers of what he believed to be a drug transaction. The officers approached and arrested Compton on the outstanding warrant. Defendant sat in the driver’s seat of the Jeep with the engine running while the police arrested Compton. Defendant asked if she could leave, and McNair said that she could not because she was a subject of a police investigation. Defendant told McNair that she did not want to get out of the Jeep. McNair was concerned, however, about a sheathed dagger on the rear passenger floorboard at the feet of a passenger and ordered everyone in the Jeep to step out of it.
Although she initially refused, defendant ultimately agreed to allow a drug dog to sniff the exterior of the Jeep. The dog sniffed the outside of the Jeep and twice alerted officers to the presence of drugs. Based on the dog’s responses, the officers decided to search the interior of the Jeep. Inside the Jeep, the dog alerted to defendant’s purse, in which the police found half an ounce of methamphetamine and a lipstick case containing additional drugs. The state subsequently charged defendant with both unlawful possession and unlawful delivery of methamphetamine.
Before trial, defendant moved to suppress all evidence obtained from the search of the Jeep, arguing that the automobile exception to the warrant requirement did not apply to the search and, hence, that the search violated Article I, section 9. The trial court denied defendant’s motion. It determined that the automobile exception applied because the Jeep was mobile when the police first encountered it even though it was not moving at that time. A jury convicted defendant of the charged crimes, which led the court to enter a judgment that merged the crimes into a single conviction for unlawful delivery of methamphetamine. Defendant appeals the judgment, assigning error to the denial of her suppression motion.
Article I, section 9, guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure.” Under that provision, a search or seizure conducted without a warrant is unreasonable and, hence, violates the guarantee unless it comes “within one of the few specifically established and carefully delineated exceptions to the warrant requirement.” State v. Bridewell, 306 Or 231, 235, 759 P2d 1054 (1988). One of those exceptions is the exigent-circumstances exception, which allows the police to conduct a warrantless search or seizure if it is supported by probable cause and conducted under exigent circumstances. For purposes of the exception, exigent circumstances are those that require the police to act to prevent the loss or destruction of evidence or contraband when they cannot get a warrant before acting.
The Oregon Supreme Court established the Oregon automobile exception as a subcategory of the exigent-circumstances exception in 1986 in State v. Brown, 301 Or 268, 721 P2d 1357 (1986). Before the court created the automobile exception, Oregon police officers who stopped a car that they had probable cause to believe contained evidence of a crime or contraband had to determine whether, in the absence of consent to search the car, exigent circumstances made it necessary for them to seize the car and obtain a warrant to search it or to seize and search the car without a warrant if it was not feasible for them to apply for a warrant.
The court established the Oregon automobile exception in Brown as a “‘per se exigency rule.’” Id. at 277. Under the exception articulated in Brown, police who have lawfully brought a moving automobile to a stop have authority to search it without a warrant if they have probable cause to believe that the automobile contains crime evidence or contraband. Id. at 276. It is the mobility of the automobile at the time that the police stop it that establishes the exigency.
The Brown court acknowledged the importance of the warrant requirement and anticipated that technological advances would likely soon allow “the warrant requirement of the state and federal constitutions [to] be fulfilled virtually without exception.” Id. at 278 n 6. It nonetheless chose to create the Oregon automobile exception because it believed that the police “need clear guidelines by which they can gauge and regulate their conduct rather than trying to follow a complex set of rules dependent upon particular facts regarding the time, location and manner of highway stops.” Id. at 277.
An automobile that is mobile can mean one that is movable, that is, capable of moving, as well as one that is moving. Brown dealt with an automobile that was moving when the police stopped its driver and, hence, brought it to a stop. Three months after Brown, the court considered in State v. Kock, 302 Or 29, 725 P2d 1285 (1986), whether the Oregon automobile exception applied to an automobile that was not moving but was movable when the police first encountered it in connection with a crime.
In Kock, the defendant’s employer suspected that the defendant was stealing merchandise from the store at which the defendant worked and arranged for police officers to stake out the store parking lot during the defendant’s work shift, which was roughly from 4:00 a.m. to 6:30 a.m. while the store was closed. The officers saw the defendant park his car in the lot before 4:00 a.m. and enter the store without carrying anything with him. He came out of the store at 5:42 a.m. pushing a floor-washing machine with a two-foot long brown box on top that was covered by a newspaper. He left the machine at a loading dock, took the box to his car, removed a package from the box, placed the package behind the passenger seat of his car, and partially covered the package with a pair of pants. After smoking a cigarette, the defendant re-entered the store with the machine, box, and newspaper. Believing that the package that the defendant had placed in his car was merchandise that he had stolen from the store, the police opened the door to the defendant’s car and seized the package, which turned out to contain diapers. After obtaining additional police support, the police entered the store and arrested the defendant for theft. The trial court denied the defendant’s motion to suppress the evidence obtained from the warrantless search of his car, and we affirmed.
The Supreme Court reversed, concluding, among other things, that the search of the car did not come within the Oregon automobile exception. It explained:
“[W]e emphasized in [Brown] that we were not confronted with the search of a vehicle that was not mobile or that had not just been lawfully stopped by a police officer. We are now confronted with such a case. Although logically it can be argued that the rationale of the seminal case of Carroll v. United States, 267 US 132, 45 S Ct 280, 69 L Ed 543 (1925), and its progeny * * * would justify extending the automobile exception to automobiles that are capable of mobility, we elect to draw the so-called bright line of Brown just where we left it in that case: *** [Automobiles that have just been lawfully stopped by police may be searched without a warrant and without a demonstration of exigent circumstances when police have probable cause to believe that the automobile contains contraband or crime evidence. In this case, we assume for the sake of argument that there was probable cause for the search of the automobile. We nevertheless hold that any search of an automobile that was parked, immobile and unoccupied at the time the police first encountered it in connection with the investigation of a crime must be authorized by a warrant issued by a magistrate or, alternatively, the prosecution must demonstrate that exigent circumstances other than the potential mobility of the automobile exist.”
Kock, 302 Or at 32-33 (emphasis added).
In other words, the Oregon automobile exception established in Brown to which the court adhered in Kock applies to automobiles that have just been lawfully brought to a stop by the police, that is, to automobiles that are moving when stopped by the police. It does not apply to automobiles that are parked, immobile, and unoccupied when first encountered by the police in connection with a crime.
The Supreme Court next confronted the reach of the Oregon automobile exception twenty years after Brown and Kock in State v. Meharry, 342 Or 173, 149 P3d 1155 (2006). In Meharry, the fire chief of the City of Umatilla saw the defendant driving her van erratically in Umatilla and noticed that a child was moving from side to side in the back seat of the van. The fire chief called the Umatilla police department on his cell phone while following the defendant. The defendant eventually drove into the parking lot of a convenience store, parked her van, and entered the store. The chief followed the defendant into the parking lot and parked next to the defendant’s van.
A Umatilla police officer responded to the chief’s call and drove out of the parking lot of the police department as the defendant and the chief drove by him. The officer watched as the defendant pulled into the convenience-store parking lot. He followed the defendant into the parking lot in time to see her get out of her van and enter the store. The officer parked his patrol car behind the defendant’s van, saw the child in the van, spoke briefly with the chief, and then followed the defendant into the store. The officer ultimately arrested the defendant for driving under the influence of intoxicants and searched the defendant’s van for evidence of that crime, which led to the discovery of evidence that provided the basis for the state to charge the defendant with a number of crimes.
Before trial, the defendant moved to suppress the evidence obtained from the warrantless search of her van. The trial court granted the motion, and we affirmed. On review, the Supreme Court concluded that the search of the van came within the Oregon automobile exception and, hence, that the trial court had erred in granting the defendant’s suppression motion.
Both we and the trial court had concluded that the van was not mobile when the police officer first encountered it in connection with a crime because the van was parked in the store parking lot when the officer parked his patrol car behind the van and confronted the defendant in the store. The Supreme Court rejected that conclusion, reasoning that the officer
“first encountered defendant’s van in connection with a crime when he saw her drive by the police station. At that point, the van was mobile and [the fire chief’s] reported observations gave [the officer] reasonable suspicion to believe that defendant was driving under the influence of intoxicants.”
Id. at 179.
Further, although the officer had not stopped the defendant and, hence, her van while the van was moving, as the officer had done in stopping the car in Brown, the court did not believe that that difference affected the exigency on which the Brown court had based the Oregon automobile exception. The van in Meharry was as mobile at the time of the search as was the car in Brown notwithstanding that difference, in that both could readily be moved ‘““out of the locality or jurisdiction in which the warrant must be sought.’”” Id. at 180 (quoting Brown, 301 Or at 275 (quoting Carroll, 267 US at 153)).
As the Supreme Court subsequently confirmed in State v. Kurokawa-Lasciak, 351 Or 179, 263 P3d 336 (2011), the effect of Meharry was twofold. It established that the Oregon automobile exception does not require the police to bring a moving vehicle to a stop in order for the exception to apply. In other words, the exception is not limited to the search of vehicles that have just been lawfully brought to a stop. However, for a vehicle that was not moving when stopped by the police, the exception requires the vehicle to be mobile when the police first encounter it in connection with a crime and, as in Meharry, that means that the vehicle must be moving at the time of the encounter for the exception to apply.
The Supreme Court had to revisit the application of the Oregon automobile exception in Kurokawa-Lasciak because, relying on Meharry and several of our own cases, we had held in Kurokawa-Lasciak that “ ‘a vehicle is “mobile” for purposes of the automobile exception as long as it is operable,’” 351 Or at 185 (quoting State v. Kurokawa-Lasciak, 237 Or App 492, 497-98, 239 P3d 1046 (2010), rev’d, 351 Or 179 (2011)), and, based on that understanding, we had upheld under the automobile exception a search of a van that was parked, immobile, and unoccupied when the police first encountered it in connection with a crime. Neither the defendant nor the state agreed with our interpretation of Meharry. As for the state, it framed the question on review as one that was “left open” after Meharry — viz.,
“‘when officers first encounter a car in connection with a crime, does the automobile exception’s “mobility” requirement demand evidence that the officers saw the car being driven, or is it enough that (1) officers develop probable cause that the car contains evidence of a crime, and (2) no evidence exists that the car is inoperable?”’
Id. at 186.
In answering that question, the court undertook an extensive review of its cases that had created and applied the Oregon automobile exception, namely Brown, Kock, and Meharry. Its review led it to emphasize two basic themes. First, the Oregon exception is a narrow exception that is intended to create a bright-line rule to guide the police and citizens regarding the warrantless search of automobiles that are subject to the exception while otherwise recognizing the importance of “the constitutional requirement that a neutral magistrate, and not officers in the field, determine the existence of probable cause to search.” Id. at 193.
Second, the bright line that the court had drawn to identify automobiles that are subject to search under the Oregon exception — viz., that they had to be mobile when first encountered in connection with a crime — could logically be drawn elsewhere. As the court explained, the Kock court had acknowledged
“that, logically, the defendant’s parked vehicle was as capable of mobility as was a vehicle that was moving when it was stopped by the police, and that the United States Supreme Court had interpreted the warrant requirement of the federal constitution to permit warrantless searches of automobiles ‘capable’ of mobility. [Kock, 302 Or] at 32. However, the court specifically elected not to adopt the Supreme Court’s rationale or to extend the Oregon exception. Instead, the court chose to ‘draw the so-called bright line of Brown just where [it] left it in that case[.]’ Id. at 32-33.”
Kurokawa-Lasciak, 351 Or at 189-90 (footnote omitted).
Those principles provide the underpinning for the distinction that the Kurokawa-Lasciak court said was crucial to its decision in Meharry. The van in Meharry came within the Oregon automobile exception because of its status when the officer first encountered it in connection with a crime — viz., when it was moving. The van’s status when the officer parked behind it in the parking lot of the convenience store — viz., parked within moments of the officer’s arrival, occupied by a passenger, and with the driver running an errand in the store who would promptly have driven the van away had the officer not intervened — was insufficient to bring the van within the exception. Id. at 191-93.
The distinction in the van’s status that th eKurokawaLasciak court identified is strictly binary, which is consistent with the two meanings of the word “mobile,” viz., moving and movable. The van in Meharry was moving — not movable or capable of mobility — when the officer first encountered it. The van was movable or capable of mobility — not moving — when it was in the parking lot. Hence, although the court did not put the point this way, the answer to the question that the state had posed on review in Kurokawa-Lasciak — whether mobility for purposes of the Oregon exception requires officers to see the car being driven when they first encounter it in connection with a crime — is “Yes.”
Here, defendant’s Jeep was parked in a parking lot when the officers first encountered it in connection with a crime. Although it had arrived in the parking lot within a minute of when the officers encountered it, had its engine running, and was occupied by a driver who presumably would promptly have driven it away had the officers not intervened, the Jeep was not moving when the officers encountered it, but, rather, was movable or capable of moving. It follows that the Jeep was not mobile for purposes of the Oregon automobile exception and, hence, was not subject to a warrantless search under the exception.
Although the search of the Jeep did not come within the per se exigency rule of Oregon’s automobile exception, the Jeep might nonetheless have been subject to a warrant-less seizure and search by the police under the exigent-circumstances exception to the warrant requirement. However, the state did not undertake to establish that the search was authorized under that exception or any other exception to the warrant requirement. Hence, the warrant-less search of the Jeep violated Article I, section 9, and the trial court erred in denying defendant’s motion to suppress the evidence obtained from the search.
The dissent disputes our conclusion. In its view, it is not necessary for a vehicle to be moving when the police first encounter it in connection with a crime — or, alternatively, for the police to bring it to a stop while it is moving — in order for the vehicle to come within the Oregon exception. According to the dissent, it is sufficient that the vehicle be one that has moved recently and that is occupied by a driver who would promptly drive it away if the police did not intervene.
As our discussion of Kurokawa-Lasciak and Meharry indicate, 269 Or App at 711-15, the dissent’s understanding of the Oregon exception cannot be squared with the Supreme Court’s conclusion in Kurokawa-Lasciak that the van in Meharry came within the Oregon exception because of its status when the police first encountered it in connection with a crime — that is, when it was moving — and not its status when the police encountered it in the parking lot. Kurokawa-Lasciak, 351 Or at 192-93. The driver in Meharry had parked her van in the convenience-store parking lot a minute or so before the officer arrived and parked his patrol car in the lot. By the time the officer arrived, the driver had left her van to go into the store to run an errand and had left a child in the van while she did that. The officer confronted and stopped the driver in the store, but, had the officer not stopped the driver at that point, she would have returned to her van and continued on her way. In other words, when the officer encountered the parked van in the parking lot, the van was not moving but it and its driver were in the midst of traveling from one place to another. Nonetheless, the court explained in Kurokawa-Lasciak that the status of the van in the parking lot was insufficient to bring the van within the Oregon exception. The van came within the exception only because of its status when the officer first encountered it in connection with a crime, which was when the van was being driven to the parking lot, that is, when it was moving. Id.
Here, when the police first encountered the Jeep in connection with a crime, it was parked in a store parking lot. It had arrived a minute before the police arrived, and the driver was in it with the engine running when the police stopped the driver. The only difference between the Jeep in this case and the van in the parking lot in Meharry is the location of their respective drivers. That difference bears on how quickly the two parked vehicles would have moved but for the intervention of the police, viz., perhaps seconds for the Jeep and a minute or two for the van, but that is not a difference that has (or can have) any significance to the application of the Oregon exception. Because the parked van in Meharry did not come within the Oregon exception based on its status when the police encountered it in the parking lot, it follows that the parked Jeep did not come within the exception, either.
The dissent disputes that the Oregon exception is based on a strictly binary distinction between vehicles that are moving and those that are movable when the police first encounter them in connection with a crime. However, the distinction is a necessary consequence of the Oregon Supreme Court’s decision to establish an automobile exception as a form of per se exigency that is not coextensive with the federal exception and that identifies the circumstances that bring automobiles within the Oregon exception.
The standard that the dissent urges is similar to the standard for the federal automobile exception that the Kock court rejected. The Kock court identified California v. Carney, 471 US 386, 105 S Ct 2066, 85 L Ed 2d 406 (1985), as a case in which the United States Supreme Court had extended “the automobile exception to a stationary but operational vehicle in a public parking lot as being as readily mobile as one just stopped on a highway.” Kock, 302 Or at 29. Tellingly, the vehicle in Carney was occupied by its driver in the parking lot when the police first encountered it in connection with a crime. Carney, 471 US at 387-88. Nonetheless, the Kock court rejected the federal standard embodied in Carney, which applies to vehicles that are movable when first encountered by the police in connection with a crime, for the Oregon standard established in Brown, which the Kock court identified as applying to “[s]earches of automobiles that have just been lawfully stopped by [the] police,” Kock, 302 Or at 33, that is, to vehicles that are moving when the police stop them. As applied in Kock, that meant that a vehicle that had been parked by the defendant in his employer’s parking lot two hours before the police connected the vehicle to a crime, and that would have been driven away by the defendant half an hour later at the end of his work shift, did not come within the Oregon exception. See id. at 31-34. The facts in Kock brought the vehicle within the federal automobile exception and would likely have provided a basis for the state to justify the search as one that came within the exigent-circumstances exception to the warrant requirement, but those facts did not bring the vehicle within the Oregon automobile exception.
Of course, contrary to the Kock court’s description of the Oregon automobile exception as one that applies to vehicles that the police have lawfully brought to a stop, see Kock, 302 Or at 33, the Oregon Supreme Court later made clear in Meharry that the police need not bring a moving vehicle to a stop in order for the Oregon exception to apply. However, as we have explained, the court subsequently made clear in Kurokawa-Lasciak that the application of the Oregon exception in Meharry depended on the status of the van when the police first encountered it in connection with a crime, which was when the van was moving.
By rejecting the application of the Oregon exception to vehicles that are movable or capable of moving when first encountered by the police, the Oregon Supreme Court necessarily was left with a standard of mobility that is focused on the alternative meaning of mobility, namely a “moving body or part,” here, a moving vehicle. Tellingly, no Oregon Supreme Court case has applied that term to a vehicle that was not moving when first encountered by the police in connection with a crime or that was not lawfully brought to a stop by the police.
The dissent contends that a strict distinction between moving and movable vehicles operates to exclude from the Oregon exception vehicles whose functional status is indistinguishable from vehicles that come within the exception. We do not dispute that a bright-line rule that distinguishes between vehicles that are subject to a rule of per se exigency and those that are subject to an individualized assessment of exigency under the exigent-circumstances exception has that effect. As noted earlier, the van in the parking lot in Meharry is functionally equivalent to the Jeep in this case in terms of the likelihood and imminence of their respective movement. Nonetheless, as Kurokawa-Lasciak made clear, the status of the van in the parking lot in Meharry — viz., parked, immobile, and unoccupied (by its driver) — did not bring it within the Oregon exception. 351 Or at 192-93. It came within the exception because of its status when the police first encountered it in connection with a crime, which was when it was moving.
Finally, the dissent contends that our application of the Oregon exception in this case undermines the exception by requiring the police and courts to make individualized decisions about exigency in circumstances that the exception is intended to avoid. That is not correct. Our application of the Oregon exception simply preserves the distinction that the Oregon Supreme Court established in Brown and Kock and adhered to in Meharry and Kurokawa-Lasciak. Vehicles that come within the Oregon exception are subject to its per se exigency rule. Vehicles that come within the more expansive federal automobile exception are subject to the exigent-circumstances exception, which requires an individualized determination of exigency. We simply adhere to the balance between those two categories that the Supreme Court already has struck.
Because defendant’s Jeep was parked in a store parking lot when the police first encountered it in connection with a crime and the police did not bring it to a stop, the Jeep was not subject to being searched under the Oregon automobile exception to the warrant requirement. The trial court erred in concluding otherwise and in denying defendant’s suppression motion.
Reversed and remanded.
DEVORE, J.,
dissenting.
If “to err is human,” then to overcorrect should be forgivable. Our majority opinion overcorrects. After the Court of Appeals drifted in 2010, deeming a vehicle search-able sans warrant because the vehicle is merely “operable,” and prompted the Supreme Court to reverse, we now overcorrect by requiring that the police must see a vehicle moving in order that the vehicle may be treated as “mobile” for purpose of the automobile exception. 269 Or App at 712-13, 713-14, 715.
All agree that Oregon law permits a warrantless search of a vehicle when police encounter a vehicle that is mobile and when they have probable cause to search it. That vehicle should be recognized to remain mobile, although stopped, when it is still being operated, as here, with a driver at the wheel and the engine running, and when police have objective evidence that the vehicle has recently moved or is about to move. It should not matter that the driver and vehicle have stopped, paused, or are waiting. Because I believe the majority draws too narrow a conclusion from recent Supreme Court decisions, disregards prior statements of this court on point, and creates a new, unnecessary, and unrealistic rule, I respectfully dissent.
OREGON’S AUTOMOBILE EXCEPTION
The automobile exception to the warrant requirement allows that, “if police have probable cause to believe that a person’s automobile, which is mobile when stopped by police, contains contraband or crime evidence,” they may conduct a warrantless search of the vehicle for those items. State v. Brown, 301 Or 268, 276, 721 P2d 1357 (1986); State v. Getzelman, 178 Or App 591, 595, 39 P3d 195, rev den, 334 Or 289 (2002). Conversely, “any search of an automobile that was parked, immobile and unoccupied at the time the police first encountered it in connection with the investigation of a crime must be authorized by a warrant ***.” State v. Kock, 302 Or 29, 33, 725 P2d 1285 (1986). The automobile exception and its limit appeared as point and counterpoint in a pair of 1986 decisions from the Oregon Supreme Court. Compare Brown, 301 Or at 273-78 (automobile exception), with Kock, 302 Or at 33-34 (limitation). The exception’s limit, which is at issue here, was drawn from a set of facts in Kock that were to recur twice in more recent decisions, State v. Meharry, 342 Or 173, 149 P3d 1155 (2006), and State v. Kurokawa-Lasciak, 351 Or 179, 263 P3d 336 (2011). After those decisions, we have applied the automobile exception to other situations. Those decisions provide the guidance for the outcome for the new and inevitable case now at hand.
In Brown, the Supreme Court upheld the warrantless search of a car that had been moving when police stopped it. See Brown, 301 Or at 270, 277 (cautioning that “[w]e *** do not address in this opinion whether a warrant for the search and seizure of a parked or impounded automobile is required”). The court quickly faced the converse situation in Kock, 302 Or at 32 (recognizing that “ [w] e are now confronted with such a case”). In Kock, two officers knew that the defendant lacked permission to take merchandise from his employer’s store. Early one morning, the officers watched the defendant leave the store with a package of diapers, put it in his parked car, cover the package, and return to the store. They opened the car, seized the package, and arrested the defendant for theft. The trial court denied his motion to suppress. The Supreme Court reversed and remanded, refusing to extend the automobile exception to a stationary but operational vehicle in a parking lot. To be precise, the court held “that any search of an automobile that was parked, immobile, and unoccupied at the time the police first encountered it in connection with the investigation of a crime must be authorized by a warrant” or exigent circumstances. Id. at 33 (emphases added).
Recognizing that distinction, we observed that, “[i]f the car is not moving, nevertheless, it is considered to be ‘mobile’ if it is occupied and operable when the police first encounter it.” State v. Warner, 117 Or App 420, 423, 844 P2d 272 (1992) (emphases added) (citing Kock but reversing denial of suppression motion because the failing pickup truck had become inoperable by the time the officer was deemed to encounter it). Without saying so, the majority’s decision necessarily rejects this statement from Warner, as well as a decision of this court on remarkably similar facts.
In State v. Cromwell, 109 Or App 654, 820 P2d 888 (1991), the police responded to a report of a prowler, noises in a yard, and a vehicle that had driven down a dead-end road. Police found a truck “parked in the middle of the roadway with its parking lights on” and with the defendant (the driver) and a companion inside. Id. at 656. The engine was off. When the defendant admitted possessing a small amount of marijuana, an officer searched the truck to find methamphetamine, which resulted in the defendant’s conviction for a controlled substance. We acknowledged that “potential mobility” would not justify the search, but we continued, “Defendant’s truck was not unoccupied when the officers encountered it.” Id. at 659 (emphasis added). We recognized that it was true that
“[t]he truck was not actually in motion when police encountered it, but to say that it was ‘immobile’ draws too fine a distinction. The truck was ‘mobile’ in that defendant could have driven away at any moment. The fact that defendant had not yet turned the key was merely fortuitous. * * * The search of defendant’s truck was lawful, and the trial court correctly denied his motion to suppress.”
Id. (emphasis added). Unless this court was sorely mistaken or its rationale overruled, Cromwell, involving an occupied vehicle, should guide the case at hand.
Rather than reject the idea, the Supreme Court borrowed a page from Cromwell when finding that a van “remained mobile” when stopped. In Meharry, a police officer had received a call about the defendant’s erratic driving. 342 Or at 175. As the officer drove out of the police station, he happened to see the defendant’s van pass in front of him. At that time, he had reasonable suspicion to suspect that the defendant was driving under the influence of intoxicants. Id. at 175-76. The defendant drove a block and one-half farther and parked at a convenience store. The officer arrived in time to watch her stagger into the store. Encountering her inside, he saw that she was in a stupor. After she failed field sobriety tests, the officer arrested her and searched her van. Id. at 176. The search revealed syringes and medications for other people, leading to a variety of charges. Id. The trial court granted her motion to suppress. On review, the Supreme Court concluded that the van was “mobile” by looking at facts in a broader time frame than when the officer arrived on the scene. Id. at 180-81. The court noted that the officer had reasonable suspicion when he first saw the van in motion passing the police station, although he did not then stop the van. Id. at 179. Consistently with our statement in Cromwell, the court continued:
“The search occurred shortly after [the officer] had observed the van in motion and had parked his police car behind her van. Nothing occurred between that time and the search that rendered the van immobile. [The officer] had not impounded the van, and there was no physical or mechanical impediment to the van’s being driven away once [the officer] relinquished control over it. In short, the van remained mobile and the exigency continued.”
Meharry, 342 Or at 180 (emphasis added). The court was unpersuaded by the defendant’s argument that the automobile exception could not apply because the officer had not stopped a moving car. The court responded:
“The issue that defendant’s argument thus poses is whether stopping an otherwise mobile car from resuming its journey (as [the officer] did here) differs for purposes of the automobile exception from causing a moving car to come to a stop (as the officer did in Brown).
“We cannot see a difference, for constitutional purposes, between the two situations. The fact that [the officer] did not have time to effectuate a stop before defendant pulled into the Zip Trip parking lot but instead effectuated a stop by preventing defendant from continuing her journey does not make her van any less mobile, nor does it make it any less likely that her van — and any evidence inside the van — could have been moved once [the officer] relinquished control over it. Rather, the van remained mobile, and the circumstances in this case were as exigent as they were in Brown.”
Id. at 180-81 (emphases added). The court reversed the suppression of the evidence.
More recently, in Kurokawa-Lasciak, the Supreme Court reiterated that the contours of the automobile exception had not changed. The fact pattern resembled that in Kock. The defendant was gambling at a casino and was suspected of money laundering. The casino barred him from further cash transactions and posted his photo in cashier cages. The defendant reached through a cage and grabbed his photograph. He drove his van to a nearby gas station and returned to the casino parking lot, parked, and turned off the engine. No officers had seen the van move. The defendant got out of the van and walked toward the casino. A deputy arrived and stopped the defendant when he was about 30 feet away from his van. A trooper arrived and, after discussion, arrested the defendant for theft and disorderly conduct. At some point, the defendant gave his keys to his girlfriend with instructions to lock the van and wait for his return. Id. at 183. The defendant was taken to jail, and his van was left parked at the casino. The trooper searched the van and found marijuana, hashish, electronic scales, and $48,000 in cash. Kurokawa-Lasciak, 351 Or at 184.
The trial court granted the defendant’s motion to suppress the evidence. We reversed, concluding broadly that “a vehicle is ‘mobile’ for purposes of the automobile exception as long as it is operable.” Kurokawa-Lasciak, 237 Or App at 497-98 (emphasis added); Kurokawa-Lasciak, 351 Or at 179.
On review, however, the Supreme Court held that we erred in readingMeharry to have represented an “‘expansive definition of the automobile exception,”’ which had “‘evolved’” since Brown and Kock. Kurokawa-Lasciak, 351 Or at 190 (quoting Kurokawa-Lasciak, 237 Or App at 499). The Supreme Court began:
“In this case, we adhere to prior decisions of this court and decide that the ‘automobile exception’ to the warrant requirement of Article I, section 9, of the Oregon Constitution, does not permit a warrantless search of a defendant’s vehicle when the vehicle is parked, immobile, and unoccupied at the time that the police encounter it in connection with a crime.”
Id. at 181. The court recalled that Kock had deliberately declined to adopt the federal rule that had deemed a vehicle mobile and applied the automobile exception if the vehicle was simply “‘capable’ of mobility.” Id. at 189. Instead, Kock had determined that Oregon’s automobile exception would not apply when the automobile “‘was parked, immobile and unoccupied.’” Id. at 190 (quoting Kock, 302 Or at 33). Accordingly, the Supreme Court rejected our impression of an “‘expansive definition of the automobile exception!,]”’ which led to “the proposition that ‘a vehicle is “mobile” for purposes of the automobile exception as long as it is operable.’” Id. (quoting Kurokawa-Lasciak, 237 Or App at 497-98).
The Supreme Court explained that, in Meharry, it was important that the police officer had first seen the van while it was passing by. Meharry's reference to operability or to the risk of the van’s departure was not intended to make operability alone sufficient for a warrantless search. Kurokawa-Lasciak, 351 Or at 192-93. In other words, to say that a car has wheels, a tank of gas, and is mechanically sound is not enough to make a car “mobile” for purposes of Oregon’s automobile exception. In Kurokawa-Lasciak, at the critical moment when the trooper first encountered the defendant, he was about 30 feet from his van, and, squarely within the limit described in Kock, the van was “parked, immobile, and unoccupied.” Because those facts were not much different from those in Kock, the Kock limitation remained true. The Supreme Court held that the automobile exception could not justify a warrantless search of a van that was parked, immobile, and unoccupied. Kurokawa-Lasciak, 351 Or at 194.
After Meharry and Kurokawa-Lasciak, the decisions of this court do not suggest that the automobile exception had been narrowed or changed. Rather, our recent cases illustrate the customary understanding of the auto exception. For example, we have suppressed evidence from warrantless searches of vehicles where the officers first realized the connection between the vehicle and a suspected crime at a time later when the vehicle was parked and without a driver behind the wheel. See, e.g., State v. Pirtle, 255 Or App 195, 296 P3d 625 (2013) (refusing to apply the automobile exception, although the pickup was moved while police were on the scene, because police did not connect the pickup to a crime until the pickup was, again, parked and unoccupied); State v. Groom, 249 Or App 118, 122, 274 P3d 876, rev den, 352 Or 665 (2012) (refusing to apply the automobile exception where police did not make connection between car and crime until after losing sight of car and later finding car parked with owner and a companion standing outside it and a man in the back seat and where there was no evidence the owner would have given the keys to the passengers or “whether either of them was ready, willing, and able to drive the car (and the evidence) away”).
This court has reversed the suppression of evidence from a warrantless search of a vehicle, when, in classic fashion, an officer stopped a moving vehicle with reasonable suspicion of a crime. In State v. Wiggins, 247 Or App 490, 270 P3d 306 (2011), rev den, 352 Or 33 (2012), the problem was that the deputies did not search until about 25 minutes later. In the meantime, the vehicle had been left parked, unattended, and unoccupied in the driveway of acquaintances. The defendant’s girlfriend had arrived demanding to take the vehicle. We rejected the defendant’s argument that Kurokawa-Lasciak required suppression, and we held that the temporary break in the deputies’ contact with the vehicle did not render the vehicle immobile.
In State v. Finlay, 257 Or App 581, 307 P3d 518, rev den, 354 Or 389 (2013), we borrowed from Meharry. This court rejected the defendant’s argument “that the automobile exception requires a roadside stop of a mobile vehicle.” Id. at 591. We rejoined that the police had first seen the truck when moving, and we added, “Officers prevented defendant’s truck ‘from resuming its journey’ by seizing defendant and his two passengers.” Id. at 592. We held that the automobile exception governed.
Most recently, in State v. Baiz, 268 Or App 401, 342 P3d 161 (2015), we borrowed from Kurokawa-Lasciak. This court concluded that a car was not mobile when encountered by police. We summarized:
“When the responding officers arrived, defendant’s car was parked in a lot behind the bank. The engine was not running, and no one occupied the vehicle. Defendant and his keys were not in the car when the officers arrived. The state conceded at trial that the officers had not seen the car move and that they only had a report from the bank manager that the car had arrived at some time in the past. Given that it was parked, immobile, and unoccupied at the time the officer first encountered it in connection with a crime, the car in this case was not ‘mobile’ as required under the automobile exception.”
Id. at 405. We reversed and remanded, holding that the trial court erred in denying the motion to suppress.
In sum, none of these recent cases, including Meharry and Kurokawa-Lasciak themselves, suggests a narrowing of the automobile exception to the point of today’s decision whereby “mobile” becomes strictly synonymous with “moving.”
ANALYSIS
There is an appropriate irony in the fact that Kurokawa-Lasciak began its analysis recognizing that the Court of Appeals had read too broadly by interpreting Meharry so as to view a car to be mobile “‘as long as it is operable.’” Kurokawa-Lasciak, 351 Or at 185-86. Today, the majority reads too narrowly by interpreting Kurokawa-Lasciak as reinterpreting Meharry, so as to view a car as mobile only if seen moving when the police encounter it. It is here where the overcorrection occurs.
The majority interprets Kurokawa-Lasciak as if the Supreme Court had looked back to characterize Meharry and draw from it so as to contrast two separate situations. In one scenario, the majority reads Kurokawa-Lasciak to refer to the first portion of the Meharry facts, where the officer saw defendant’s van drive past before he could catch up with it. The majority reads Kurokawa-Lasciak to say that “[t]he van in Meharry came within the Oregon automobile exception because * * * it was moving.” 269 Or App at 716. In the second scenario, the majority refers to the second portion of the Meharry facts, where the officer caught up with the defendant’s car after she had parked, stepped out, and entered the convenience store. The majority then declares that “the court explained in Kurokawa-Lasciak that the status of the van in the parking lot was insufficient to bring the van within the Oregon exception.” 269 Or App at 716 (emphasis added); see also id. at 714-15. From this reading of Kurokawa-Lasciak, the majority is compelled to conclude that the case at hand is an echo of the sorry, second scenario which the Supreme Court has expressly condemned.
The majority’s view may not be an entirely unreasonable, albeit an after-the-fact interpretation that might be extrapolated from the Kurokawa-Lasciak summary of Meharry. But that deconstructionist reinterpretation is not actually to be found in the text of the decision in Kurokawa-Lasciak itself. See Kurokawa-Lasciak, 351 Or at 191-93. The Supreme Court did not treat the facts in Meharry as if the opinion were a contrast of two separate cases being decided. The court looked at the whole of the Meharry circumstances, from beginning to end, as one case. Kurokawa-Lasciak did not declare half of the facts in Meharry to be a constitutional violation. Kurokawa-Lasciak did not pose or answer such a hypothetical question about Meharry. Therefore, there is, in reality, no Meharry “half-case” that ought to compel the majority’s conclusion.
Although there is little harm in breaking Meharry into separate hypothetical scenes for analytic discussion, to project an after-the-fact interpretation into the text and then declare the decision-making already expressed in that text serves to deprive the reader of the chance to make an independent interpretation from the text of Meharry. One alternate and appropriate interpretation is that Meharry expanded the time frame to include in consideration evidence shortly before the police arrive at the scene of the vehicle, when other evidence indicates that the vehicle, now found stopped, had just been moving.
For its part, Kurokawa-Lasciak simply rejected the proposition that a vehicle could be searched if it was merely “operable.” Kurokawa-Lasciak, 351 Or at 185, 190, 193-94. The decision did not declare that a vehicle must necessarily be caught moving. It did not renounce Meharry, nor cast doubt upon any of our precedent other than our intermediate decision in Kurokawa-Lasciak itself. If the Supreme Court had intended to question or overrule all prior case law applying Oregon’s auto exception, it would have said so. It did not. Meharry and Cromwell are still good law.
To now require that the police see a vehicle in motion, as the majority requires, imposes an arbitrary test that rules out equally strong, objective proof of the same fact. In Meharry, an officer used sense organs to see a van in motion, although he did not reach the van until a minute or two later — a block and a half later — by which time the van had become parked and unoccupied. The search was valid. 342 Or at 175. In this case, an officer used sense organs to see an empty parking area and to see the defendant’s car in the same once-empty spot one minute later. In both cases, the officer’s senses provide objective evidence that the car has been moving just before the officer actually contacts the driver and her vehicle. There is no substantive difference between Meharry and this case. Because a warrant-less search was permitted in Meharry, a warrantless search should be permitted here.
It is unfortunate that the dispute turns on a single word in common usage. As the majority notes, the term “mobile,” in ordinary usage, includes both a thing that is moving and a thing that is capable of moving. See, e.g., Webster’s Third New Int’l Dictionary 1450 (unabridged ed 2002). Yet, despite this more qualitative meaning of “mobile,” the majority reads Kurokawa-Lasciak to say that the “distinction” in a vehicle’s “status” is “strictly binary.” 269 Or App at 714. That is, the majority means a car is either moving or not moving.
To be sure, the term “mobile” includes “moving,” but “mobile” is a less literal term. The term “mobile” cannot mean only “moving.” “Mobile” describes, not just an activity, but a quality. If “mobile” meant moving, then the Supreme Court in Kock would have wasted the word “immobile” when requiring a warrant when a vehicle is “parked, immobile and unoccupied.” Kock, 302 Or at 33 (emphasis added). If a car is parked, then it cannot be moving. There would have been no reason to have used the word “immobile” in the phrase. To have used the word “immobile” implies that the term has added meaning.
At the risk of stating the obvious, the term “mobile” is a legal term of constitutional significance developed in case law. See, e.g., Brown, 301 Or at 274 (setting a constitutional standard). Unlike legislation, the term’s character is not to be teased out of a dictionary. Its meaning is reflected in the line of cases recounted above. Oregon’s cases reflect that “mobile” means more than simply “moving” at the moment the police encounter a vehicle. For example, our decision in Cromwell rejected the broad concept of “potential mobility,” but it held that the truck, stopped in the road with a driver at the wheel, “was ‘mobile’ in that defendant could have driven away at any moment.” Cromwell, 109 Or App at 659.
More importantly, the Supreme Court expressed in Meharry that mobility was something that a vehicle retained even when momentarily stopped. The court observed, as we did in Cromwell, that “there was no physical or mechanical impediment to the van’s being driven away once [the officer] relinquished control over it. In short, the van remained mobile and the exigency continued.” Meharry, 342 Or at 180 (emphasis added). Despite the fact the officer blocked the van to prevent it from leaving, “the van remained mobile[.]” Id. at 181. If “mobile” meant only “moving,” then the Supreme Court could not have twice characterized the stopped van as remaining “mobile,” even when the vehicle was actually parked and unoccupied. See id.
Reason requires that “mobile” means those things that a vehicle does when it is actively engaged in use. A vehicle is designed to stop, wait, and go while on its travels. As a traffic engineer would say, a car may “stand” when pausing in its travels to wait at a school’s curb or in an airport’s loading zone. A car may pause and wait only long enough for its driver to complete a lawful transaction or an illicit drug deal. When stopping, standing, or waiting, a running car occupied with a driver at the wheel certainly “remains mobile.”
As a rhetorical device, talk of a “bright line” is seductive, because a simple rule would seem easy to articulate. A “bright line,” however, is not a legal principle unto itself sufficient to justify a decision. It is just a metaphor. Recognizing its limitation, our cases speak often of “the so-called bright line.” See, e.g., Kock, 302 Or at 32-33 (emphasis added); Kurokawa-Lasciak, 351 Or at 190 (emphasis added). Although always imperfect, the original use of the term was only meant to distinguish Oregon from the more ambiguous federal standard involving mere operability. Brown, 301 Or at 274 (stressing that the decision is not on federal constitutional grounds). In Meharry, Justice Durham observed in a concurring opinion that “mobility” was a “flexible criterion” that remained “controversial.” He recognized that, because facts inevitably vary, “mobile” may turn on more than one fact. He offered that the Brown “decision oversold the notion that it would lead to certainty.” Meharry, 342 Or at 181 (Durham, J., concurring). In other words, it is doubtful that anyone expected to achieve a “bright line” that would avoid uncertainty when a close set of facts falls on it, as does this case.
The hot “bright line” that the majority now adopts is not only unreasonable, it is likely to be problematic. Now that observed motion becomes the test, we should ask, what mischief or uncertainty will follow if police are taught to wait to catch the car in motion (as if that could work)? What ingenuity may be employed to delay or to recharacterize when the critical, first encounter by the police really occurred? The majority’s rule might become a form of laser tag. Writing for the majority in Burr, Judge Edmonds responded, “It makes little sense to interpret the constitutions in a way that requires the officers to permit the vehicle to roll several feet before effecting the search.” State v. Burr, 136 Or App 140, 149, 901 P2d 873, rev den, 322 Or 360 (1995).
The majority would suggest that no harm follows a narrowed automobile exception, because police can use the exigency exception. The state, however, did not rely on the exigency exception in this case. Whether or not that was just a poor choice, it is a reminder that one concern of both the exigency exception and its variant, the automobile exception, has always been to avoid the loss of evidence in evanescent circumstances. To narrow the automobile exception risks losing evidence unnecessarily. To narrow the automobile exception is to roll the clock back and create greater uncertainty. To force more reliance on the exigency exception means troubling witnesses, police, defendants, and courts with more arguments founded in case-by-case quarrels over exigent circumstances. In a perfect world, similar circumstance would be decided similarly; in the real world, inconsistent decisions will happen. All that was the headache that Oregon’s automobile exception was intended to prevent in the first place. See Brown, 301 Or at 276-77. Lost evidence and greater uncertainty could ensue as a consequence of the majority’s new standard.
APPLICATION OF THE AUTOMOBILE EXCEPTION
Until now, no case has presented these facts. Perhaps, reasonable disagreement about the proper application of Oregon’s automobile exception is predictable, and, certainly, overcorrection is forgivable. But our case law should have compelled a different answer on these facts.
The undercover officer saw defendant’s Jeep only a minute after it had arrived in the front area of the parking lot. The vehicle’s presence was new. The officer recognized the silver Jeep that the informant had predicted for the transaction, and he witnessed Compton leaning through a window engaging in a transaction. He had a basis to suspect that defendant and the vehicle were involved in crime. The vehicle was not “parked” in any conventional sense of the word. The Jeep was positioned askew across several parking spaces. At most, the Jeep was stopped.
The vehicle was certainly not “unoccupied.” Defendant and her passengers had not left the Jeep, like the defendants in Kock and Kurokawa-Lasciak.
From all indications, the presence of the Jeep was temporary, and it was still operating. When police first encountered the Jeep, defendant sat at the steering wheel, the key was in the ignition, and the engine was running. Defendant asked to leave. The Jeep had paused only long enough to accomplish the transaction. Although the officer had not seen the Jeep in motion a minute before, these surrounding facts objectively confirmed that the Jeep was “mobile.”
When first seen, defendant’s Jeep was no less “mobile” than a car pulled up to a drive-up window, a car waiting at a curb for a passenger, or a car stuck in a traffic jam behind an accident. The Jeep was stopped but “mobile” like the truck in Cromwell with its parking lights on, stopped in the middle of the dead-end road. With a shift of gears, the vehicle could have been gone. Just as the court in Meharry observed that “no physical or mechanical impediment” prevented the vehicle’s departure, so, too, defendant’s Jeep “remained mobile.” Meharry, 342 Or at 180 (emphasis added). Like the girlfriend in Wiggins, who demanded to take the defendant’s vehicle, defendant here demanded that her mother take her purse and car before the search would be completed. Because defendant remained in the driver’s seat and readily could “resum [e] [her] journey,” this was not a situation requiring a warrant. Id.
Although these facts are new, the formulation has long been established. Police may search an automobile, which is mobile when encountered, when they have probable cause to believe it contains evidence of a crime. Brown, 301 Or at 276. “Mobile” does not necessarily mean “moving,” insofar as a vehicle “remains mobile” when police encounter it “shortly after” they know it has been moving. Meharry, 342 Or at 180; see Finlay, 257 Or App at 591; Cromwell, 109 Or App at 659. Mobile does not mean mere operability, nor “potential mobility,” but “mobile” is not synonymous with “moving.” Mobility can be demonstrated by immediate circumstances other than just seeing movement at the moment when the police first encounter the vehicle. To be precise, if a vehicle is still operating, with a driver at the steering wheel and the engine running, and police have objective evidence that the vehicle has moved recently or will move imminently, then that vehicle “remains mobile.”
In this case, defendant’s Jeep should have been recognized to be “mobile.” It was not “parked, immobile and unoccupied.” See Meharry, 342 Or at 180; Kock, 302 Or at 33. The automobile exception should have applied. The trial court did not err in denying defendant’s motion to suppress. Because the majority reaches the contrary conclusion, I must reluctantly and respectfully dissent.
Ortega, Sercombe, Hadlock, Tookey, and Garrett, J., join in this dissent.
Article I, section 9, provides:
“No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”
See, e.g., Webster’s Third New Int’l Dictionary 1450 (unabridged ed 2002) (defining “mobile” to mean, among other things, “a movable or moving body or part: one that is mobile”).
The court acknowledged that the distinction between a moving and movable car might seem somewhat contrived, but it nonetheless believed that the bright-line rule established in Brown and Koch had struck the appropriate balance under Article I, section 9:
“We acknowledge the logic of the state’s position — that it is just as likely that a person in control of an operable car will drive off with evidence or contraband as will a person in control of a car that was mobile at the time of the initial encounter and that remains mobile thereafter. But we also are cognizant that, when the court recognized the automobile exception in 1986, it was careful to recognize a limited exception to the constitutional requirement that a neutral magistrate, and not officers in the field, determine the existence of probable cause to search. The court drew the ‘bright line’ that it did to benefit both the police and the citizens of this state. * * * Therefore, we adhere, as the court did in Meharry, to the line that the court drew in Brown and Koch”
Kurokawa-Lasciak, 351 Or at 193.
Apology to Alexander Pope, who wrote, “To err is human, to forgive divine.” Alexander Pope, An Essay on Criticism (1711) reprinted in 1 The Norton Anthology of English Literature 2680 (9th ed 2012).
State v. Kurokawa-Lasciak, 237 Or App 492, 497-98, 239 P3d 1046 (2010) (vehicle is mobile “as long as it is operable”), rev’d, 351 Or 179, 263 P3d 336 (2011).
This court made a similar statement a few years later where the facts were a measure or two more challenging than either Cromwell or today’s case. In State v. Burr, 136 Or App 140, 901 P2d 873, rev den, 322 Or 360 (1995), a deputy encountered a pickup truck on the shoulder of the road with four men standing around it. No one occupied the vehicle, and the deputy had no evidence of recent or imminent movement. Nevertheless, upholding a warrantless search, this court stated, “The requirement of mobility was met because defendants could have driven away in the pickup at any moment.” Id. at 150. Judge Armstrong dissented, contending that the automobile exception should not apply unless the deputy had stopped the pickup while moving. Id. at 150-59 (Armstrong, J., dissenting).
The court referred to Brown as describing the automobile exception as “a subset of the exigent circumstances exception[.]” Meharry, 342 Or at 177.
The trooper engaged the girlfriend in a discussion about consent to search the van. In our initial decision, we did not reach the question of the validity of her consent, nor did the Supreme Court.
Often the Supreme Court will take two separate cases and write a single combined opinion in which the facts in two cases are compared or contrasted. See, e.g., State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012) (admissibility of eyewitness identification).
The majority finds “telling” that Kock had cited California v. Carney, 471 US 386, 105 S Ct 2066, 85 L Ed 2d 406 (1985), as indicative of the broader, federal standard, allowing a search of a stationary but operational vehicle in a public parking lot. 269 Or App at 717-18. The discussion in Kock went no further and made no special mention of the facts in Carney. The Oregon Supreme Court in Kock did not recount that defendant Carney happened to occupy his motor home or that it seems to have been parked a good while (i.e., under police surveillance for an hour and a quarter). Instead, the court in Kock drew its line holding that a warrant was required when a car was “parked, immobile and unoccupied.” 302 Or at 33 (emphasis added).
| CASELAW |
Make initialize-database : "couldn't get version"
I am using Ubuntu 18.04LTS and mysql 5.7.24.
This is my output of “make initialize-database”:
/usr/bin/perl -I/opt/rt4/local/lib -I/opt/rt4/lib sbin/rt-setup-database --action init --prompt-for-dba-password
In order to create or update your RT database, this script needs to connect to your mysql instance on localhost (port ‘’) as root
Please specify that user’s database password below. If the user has no database
password, just press return.
Password:
Working with:
Type: mysql
Host: localhost
Port:
Name: rt4
User: rt_user
DBA: root
Couldn’t finish ‘create’ step.
ERROR: couldn’t get version of the mysql server
Makefile:387: recipe for target ‘initialize-database’ failed
make: *** [initialize-database] Error 255
I’ve tried “make dropdb” but I get “database doesn’t exist”.
I have only the root mysql user. I can log in with that account manually.
Can anyone point me towards some further info I can use to get past this? Is there an alternate manual database initialization process?
Thanks in advance.
That error looks to possibly come from RT::Handle.pm. If you manually connect to the MySQL server, what output do you get if you type:
show variables like 'version';
as that’s what is executed to check the MySQL version number.
Thank you a lot for the response, but…
I got it fixed. I had a relic of mariadb that needed manual removal. Once done, I got past the version issue.
Now I need to figure out my fastcgi & apache2.4 problem - but that is not an RT issue…
Thank you again. | ESSENTIALAI-STEM |
Page:United States Statutes at Large Volume 94 Part 1.djvu/796
94 STAT. 746
PUBLIC LAW 96-294—JUNE 30, 1980 tion measures under this part by a public utility company or utility holding company system subject to such Act shall be construed as an activity or business which is reasonably incidental or economically necessary or appropriate to the operations of the public utility company or utility holding company system.". SUBTITLE C~RESIDENTIAL ENERGY EFFICIENCY PROGRAM PURPOSE
42 USC 8235 ^°^^-
SEC. 561. It is the purpose of this subtitle— (1) to establish a program under which the Secretary of Energy may provide assistance to State and local governments to encourage up to four demonstration programs that make energy conservation measures available without charge to residential property owners and tenants under a plan designed to maximize the energy savings available in residential buildings in designated areas; and (2) to demonstrate through such program prototype residential energy efficiency plans under which State and local governments, State regulatory authorities, and public utilities may participate in a cooperative manner with public or private entities to install energy conservation measures in the greatest possible number of residential buildings within their respective jurisdictions or service areas. AMENDMENT TO THE NATIONAL ENERGY CONSERVATION POLICY ACT
SEC. 562. The National Energy Conservation Policy Act is amended by adding after section 255 the following new part: "PART 5—RESIDENTIAL ENERGY EFFICIENCY PROGRAMS 42 USC 8235.
"SEC. 261. DEFINITION.
42 USC 6833, ^8^4
"As used in this part, the term 'residential building' means any building used as a residence which is not a new building to which final standards under sections 304(a) and 305 of the Energy Conservation and Production Act apply and which has a system for heating, cooling, or both.
42 USC 8235a.
"SEC. 262. APPROVAL OF PLANS FOR PROTOTYPE RESIDENTIAL ENERGY EFFICIENCY PROGRAMS AND PROVISION OF FINANCIAL ASSISTANCE FOR SUCH PROGRAMS.
"(a) PLAN APPROVAL.—The Secretary may approve any plan developed by a State or local government, for the establishment of a prototype residential energy efficiency program, which is designed to demonstrate the feasibility, economics, and energy conserving potential of such program, if an application for such plan is submitted pursuant to section 263, the application is approved pursuant to section 264, and the plan provides for— "(1) the entering into a contract by a public utility with one or more persons not under the control of, and not affiliates or subsidiaries of, such utility for the implementation of a program to encourage energy conservation, including the supply and installation of the energy conservation measures as specified in such contract in residential buildings located in the portion of
� | WIKI |
Ex-Oklahoma cop kidnapped, tortured woman while son, 10, watched: police
James Otterbine, 32, had worked for El Reno Police Department until a month or two ago, a dispatcher told McClatchy.
(Canadian County Jail) A former Oklahoma cop was arrested this week after a woman he allegedly kidnapped escaped from his car and called 911. James Otterbine, 32, of El Reno, met the woman from Miami online about two months ago, the Miami Herald reported, citing police . Otterbine and the woman continued an online relationship for several weeks before he bought her a plane ticket to Oklahoma, she told police. Within a few weeks of her arrival, Otterbine turned violent, she said. At one point, Otterbine allegedly duct-taped and handcuffed her to a chair during an argument, she told police. At another, Otterbine locked her in his basement, threatening to kill her and himself, police said . Otterbine told police his actions were “consensual,” because the woman liked “rough sex.” He added that for one of the “brutal” episodes, his 10-year-old son was present. On Tuesday the woman called police from inside Otterbine’s car, but the call was disconnected. Police obtained her identity through the phone number and contacted her relatives in Florida, who said she was staying with Otterbine. As police drove to Otterbine’s house, they received another call from the woman, who had managed to escape from Otterbine’s car. Police found her at a nearby bank, “battered and bruised,” the Herald reported. Otterbine was arrested and charged with kidnapping and domestic abuse in the presence of a 10-year-old child, according to jail records. "When investigators informed me of the details this poor girl had lived through, I was absolutely mortified, but elated she had survived." — Canadian County Sheriff Christ West “When investigators informed me of the details this poor girl had lived through, I was absolutely mortified, but elated she had survived,” said Canadian County Sheriff Christ West. Otterbine was an employee of Geary Police Department until a month or two ago, a dispatcher said. It was not known why he was terminated. He remained in jail as of Saturday with bond set at $30,000. | NEWS-MULTISOURCE |
Making Changes
,
264
with Dr Rangan Chatterjee
Many women suffering hormonal imbalances find it frustrating to be told by their Doctor that the only solution is some form of medication, or indeed, just to ‘get on with it’!
One doctor, who is doing things differently, is Dr. Rangan Chatterjee. This long-time GP is one of the most influential doctors in the United Kingdom, spreading the message far and wide that the natural approach can go a long way. He is the author of two books, The 4 Pillar Plan and The Stress Solution, a regular commentator on BBC Radio, the host of his own popular podcast, Feel Better Live More, and now also the star of the BBC One series Doctor in the House.
For the show, the physician lives with three different families in their own homes for a month at a time. During his stay with each he gets to know the family members well, and is able to advise them on how to make a number of small, achievable changes to their diet and lifestyle to get their health in order.
Dr Chatterjee is known for taking a 360-degree approach to health which is all about finding and maintaining good health, avoiding illness, and living longer. In an interview with The Telegraph in the UK, the doctor said, “Good health isn’t as hard as we think it is. I always tell patients that most healthcare takes place in the home. It is based around what you put on a
plate and how you use your feet.’’
When it comes to sensible, healthy living, two of the big things Dr Chatterjee espouses is combatting stress and cutting back on sugary and processed foods. For people facing hormonal changes and issues, this is particularly important. On his blog, the doctor explains why.
“If your stress hormones – like cortisol – are raised, this will have an impact on many of your other hormones. If you are on a blood sugar roller coaster all day because of your high sugar diet, your insulin levels will be fluctuating and this can lead to subsequent changes in your cortisol and adrenaline levels. They’re all linked.”
Dr Chatterjee addresses the issue of stress triggers and their effects in his latest book, The Stress Solution.
Speaking with the Irish Examiner, the physician noted that, “what we often don’t realise is that the reason we are engaging in certain lifestyle choices, whether it’s too much sugar (or) too much alcohol, is a compensation for the stresses in our life.”
His book offers tips and tools which are tried and tested. “They’re the things that I’ve been using for years with my patients. These are busy people with busy lives. Most of (the strategies) take less than 10 minutes a day. Most of them are free. I want
to show people that it’s not as hard as you think it is to lower the stress in your life.”
He suggests a variety of simple tools people can use to not hit their daily stress threshold so quickly. In particular, people need to try to reduce the number of micro stress doses (MSDs) they’re exposed to each day. This is especially key in the morning.
“One tip is to not look at your phone first thing in the morning,” he told the Irish Examiner. “It’s such a game-changer for so many people. If people can bookend the start and the end of the day, where they don’t look at their tech, I think it’s really helpful. If you look at your phone first thing you’ll go to reactive mode straight away.”
To be most effective, Dr Chatterjee believes an ideal morning routine has three components: mindfulness, movement, and mindset. This might include things like deep breathing, meditation, yoga, star jumps, and setting yourself up for a positive
start to the day. Affirmations, for example, are good for this.
“Affirmations are short statements, very powerful, that you repeat over and over again, to help feed your brain information that everything is OK.”
Being tech-free at some points during the day at least, such as getting away from your phone and computer at lunch, is important, as is face-to-face time with friends.
By following some of Dr Chatterjee’s guidance, women suffering from hormonal challenges should hopefully be able to see a reduction in the symptoms they face.
To find out more about Dr Chatterjee and his books, TV show, podcast, blog,courses and more, head to
DrChatterjee.com | ESSENTIALAI-STEM |
An Illegal Gas Line, a Deadly Explosion and Now Guilty Verdicts
The owner of an East Village building and two others were motivated by greed that resulted in two deaths, prosecutors said. In a Manhattan neighborhood filled with shops, restaurants and luxury housing, Maria Hrynenko saw an opportunity to expand her family’s real estate empire. But, prosecutors said, she cut corners to do so and the consequences proved deadly: In March 2015, a gas explosion leveled half of an East Village block, killing two young men at a sushi restaurant and injuring 13 others. After more than two months of testimony, a jury in State Supreme Court in Manhattan on Friday found Ms. Hrynenko, a general contractor and an unlicensed plumber guilty of manslaughter and related offenses when they installed an illegal gas line, causing the explosion. They each face up to 15 years in prison on the top charge. Relatives on both sides wept as the verdict was read. “As a person, as a human being, I don’t want to put anyone in jail,” said Ana Lanza, the mother of Nicholas Figueroa, 23, one of the men killed in the explosion. “But because they did something wrong and lives were lost they have to pay, and it has to show an example for all the other landlords out there that they can’t do this.” The blast left New Yorkers worried about vulnerabilities in the city’s infrastructure, coming almost exactly a year after a crack in a gas main caused an explosion in East Harlem that leveled two buildings and left eight people dead. But, prosecutors said, the explosion in the East Village was the result of something else: a landlord’s greed. “What was it that made these three defendants circumvent all the rules they were aware of?” the lead prosecutor, Rachana Pathak, said in her closing remarks this week. “Money, money, money.” But Ms. Hrynenko’s lawyer, Michael K. Burke, blamed the general contractor and the plumber, saying that his client had not tapped the line herself. “She is not the person who is responsible for anything that happened that day,” Mr. Burke said. Ms. Hrynenko who had taken over her husband’s housing stock after his death in 2004, hired Dilber Kukic, now 44, a general contractor, to renovate apartments at 121 Second Avenue in 2013. By the summer of the following year, Ms. Hrynenko had leased the apartments to 16 people, but Con Edison had not yet approved a new gas line. Prosecutors said Ms. Hrynenko, now 59, risked losing tenants and $24,000 in rent per month if she could not provide gas. That is when, prosecutors said, she devised a plan to siphon gas from Sushi Park, a ground-floor restaurant in the building to provide gas to the apartments above. “I just spoke to the restaurant owner no problem for you to hook up gas to his line,” Ms. Hrynenko said in a text message to Mr. Kukic who hired Athanasios Ioannidis, an unlicensed plumber, to attach four flex hoses to the restaurant’s gas meter. Over the next year, Ms. Hrynenko would pay Mr. Kukic nearly $1 million, and Mr. Kukic gave Mr. Ioannidis over $88,000 for work on the properties. Before lamenting about having to pay for college, mortgages and needing money to fend off legal challenges from tenants and various city agencies, Ms. Hrynenko sent a text to a real estate broker: “Yes in the future please remind me not to think with my heart but $$$ to pay my bills.” Two months later, in response to a rash of complaints about the smell of gas, utility workers discovered the makeshift tapping apparatus and turned the gas off to that building for nine days. Service was restored after the hoses were removed. As pressure mounted from tenants who were again without gas, the defendants came up with a new plan, prosecutors said. This time they would tap gas from a meter at 119 Second Avenue, a neighboring building also owned by Ms. Hrynenko to provide gas to the tenants next door. Eric Pacheco, another unlicensed plumber, who pleaded guilty to one count of second-degree manslaughter, testified that he was present for a meeting in which Ms. Hrynenko peppered Mr. Kukic with questions about how soon the illegal gas line would be installed. (Mr. Kukic was previously convicted of bribing an undercover investigator posing as a housing inspector and is now also facing money laundering charges in federal court, prosecutors said.) The defendants hid the illegal system, which was constructed by Mr. Ioannidis, 63, and located in the building’s basement, behind locked doors. Over the next several months, Ms. Hrynenko tried to install a legal gas line, but Con Ed would not approve it because of a number of construction and design issues. On March 26, 2015, Con Edison returned for a final inspection. Before the inspection, Mr. Kukic and Mr. Ioannidis turned off the secret gas line. Mr. Kukic also warned a tenant that if anyone asked, “you don’t have gas.” Inspectors again found fault with a proposed meter location in the basement. Mr. Kukic and Ms. Hrynenko’s son, Michael Hrynenko Jr., turned the gas back on, but did not close several valves in the basement of 121 Second Avenue that had been opened for pressure tests by Con Edison. Ms. Hrynenko was later alerted to the smell of gas by a restaurant employee. Her son and Mr. Kukic investigated the matter. Surveillance video captured the two men running out of the building without notifying patrons in the restaurant or calling 911. They ran into a basement entrance on East 7th Street where the rigged gas system was set up. A minute later, a massive explosion shook the neighborhood. A monstrous blaze quickly engulfed the two buildings and badly damaged a third. Two people inside the sushi restaurant — Moises Ismael Locón Yac, 27, a busboy, and Mr. Figueroa, who had been on a lunch date — were killed. Mr. Hrynenko, 31, was charged for his role in the scheme, but he died in 2017 while awaiting trial. A fifth person, Andrew Trombettas, a licensed plumber, pleaded guilty to lesser charges in January. Prosecutors said Mr. Trombettas sold the use of his credentials to Mr. Ioannidis, who had submitted work permits to the Department of Buildings and Con Edison. At trial, lawyers for the defendants sought to discredit the prosecution’s case by noting that the fire marshal had determined the fire ignited on the first floor and suggested that was evidence it was unrelated to the illegal gas hookup. They also argued that the police bungled the investigation by discarding or not locating important pieces of evidence, including a main valve. “This is an awful, terrible accident,” said Mr. Ioannidis’s lawyer, Roger Blank. “It is not a crime.” The sentencing for the three defendants is scheduled for Jan. 10. Mr. Figueroa’s father, Nixon Figueroa, 56, testified that he and his family rushed downtown to look for his son. They checked for him at nearby hospitals before waiting for updates at a local library. Three days later the bodies of the two men were found. “That’s the day I died,” a tearful Mr. Figueroa said. Mr. Locon’s brother, Zacarias Locon, 25, testified through a translator that investigators told his family that they could not see him because “we wouldn’t be able to recognize him.” Mr. Locon’s body was so badly burned that DNA had to be used to identify him. Jose Gomez, a cook at Sushi Park, said he had to crawl out from underneath a pile of debris. He said his eyes and ears are permanently damaged. A firefighter who had been injured while responding to the scene was forced to retire because of his injuries. Randolph Clarke Jr., an assistant Manhattan district attorney, said the defendants “took a chance, they rolled the dice, and the cost was paid for by Mr. Figueroa and Mr. Locon and 13 others.” In the days after the explosion, prosecutors said, Ms. Hrynenko did not tell investigators about the illegal gas line and she shredded nine garbage bags full of documents pertaining to her real estate business. Emily Palmer contributed reporting. | NEWS-MULTISOURCE |
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