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S P O R T S
Confident-again Sachin steadies ship
Chennai, February 23
India ended the second day's play of the first Test at 182 for three, not completely out of the grip of mortal danger. Yet, they'd be happy with where they got after the disaster at top. Within minutes of the start of the Indian innings, the home team was under siege.
Sachin Tendulkar and Virat Kohli during second day of the first Test in Chennai on Saturday.
— PTI
(LIVE ON STAR CRICKET 9.30 AM)
Chepauk brings out the best in Tendulkar
Seeing Sachin Tendulkar bat with assurance again — after an eternity! — it's easy to err on the side of extreme optimism. Rather, it's actually a bleak scenario if your best batsman is a man who's going to be 40 in two months, whose genius is decidedly fading. He's burning so bright now, but is it because the light is flickering?
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Gambhir needs a great A game vs Aussies
On Valentine's day, Pistorius charged with murdering girlfriend
Pup braces up for big challenge
Young Pattinson wanted to bounce out Sachin but...
Young Australian pacer James Pattinson on Saturday said that he tried to attack Sachin Tendulkar with a barrage of bouncers but with the veteran Indian batsman picking him early, he had to change the plan on the second day of the first cricket Test in Chennai.
Australia's James Pattinson celebrates the wicket of Cheteshwar Pujara. — PTI
Mahi Racing aims pole finish in season's first race
Philip Island (Australia), February 23
India's first World Superbike team, Mahi Racing made a strong start to its World Supersport Championship campaign with its riders - Kenan Sofuoglu and Fabien Foret - claiming second and third spots respectively on the starting grid for Sunday's inaugural race of the season.
Cricket has massively benefited from powerbroker BCCI: Jones
Sydney, February 23
Former Australian batsman Dean Jones has claimed world of cricket has massively benefited from the influence of game``s major powerhouse Board of Cricket Control (BCCI). "The reason cricket is one of the world``s most popular sports is mainly due to the influence from India.
Man arrested for betting on India-Australia match
Chandigarh, February 23
Haryana Police on Saturday arrested a member of an international gang for allegedly indulging in online betting on the first cricket Test between India and Australia in Chennai.
Finn-led England thrash New Zealand to win series
Auckland, February 23
Devastating bowling from Steven Finn and a solid top-order batting display gave England a five wicket win over New Zealand in the deciding one-day international at Eden Park on Saturday to claim the series 2-1.
Fans still want me: Afridi to selectors
Karachi, February 23
Flamboyant all rounder Shahid Afridi on Saturday, asked national selectors to not put pressure on him by making unsolicited statements and also made it clear that the decision to quit the game remains his prerogative.
Indian boxers can play in int'l meets but under the AIBA flag
Patiala, February 23
In a major relief to the Indian boxing, the Executive Committee of the International Boxing Federation (AIBA) today gave clearance to boxers to take part in the international competitions albiet with some checks.
Somdev, Yuki, Sanam back in Davis Cup team
New Delhi, February 23
Devvarman, Yuki Bhambri and Sanam Singh, who had joined eight other players in raising a banner of revolt against the All India Tennis Association (AITA), seeking better remuneration and facilities, have been named for the Indian Davis Cup team for the tie against Indonesia in the Asia-Oceania relegation round match, to be held in Bangalore from April 5 to 7.
Pistorius spends time with family on 1st day of bail
Pretoria, February 23
Murder suspect Oscar Pistorius spent his first day out on bail with his family pending trial for the killing of his girlfriend. Pistorius was freed on a record one million rand ($112,770) bail on Friday after eight days in custody and an emotionally charged four-day bail hearing.
Tendulkar, Kohli stand tall after Pattinson runs through top order on Day Two
Rohit Mahajan
India ended the second day's play of the first Test at 182 for three, not completely out of the grip of mortal danger. Yet, they'd be happy with where they got after the disaster at top.
Within minutes of the start of the Indian innings, the home team was under siege. The Australian total of 380 began to look very distant, and distinctly victorious. Murali Vijay, in the Indian XI after an indifferent season, was clueless against a superfast, 150kmph delivery from James Pattinson. Exactly two overs later, Pattinson dismissed Virender Sehwag — trying out his spectacles for the first in a Test match, no less! The ball was again very quick, at 147kmph, and Sehwag seemed late on the stroke — so late that the ball, off his defensive shot, bounced well within crease.
Then it looped up out of the vision of the batsman and came down, slowly and unerringly, right on the top of the leg stump. This, incidentally, reduced Sehwag's batting average to below 50 for the first time since Nov 2009.
Twelve for two, 368 behind Australia. Not the best time for Sachin Tendulkar, a diffident, nervous starter in recent times, to walk in.
It was then that Pattinson erred, and erred twofold.
His original plan was to attack Tendulkar's body with short deliveries. He changed the plan at the last moment — he decided to attack Tendulkar's stumps instead. He was mindful of Tendulkar getting out bowled or dismissed nine times last year; he also realised that the ball was reverse-swinging quite early. Pattinson's second mistake was in execution of the altered plan — he gave Tendulkar just the right length and line to hit three fours of the first four balls he faced, through the covers and to the fine leg boundary. Tendulkar, thus, didn't face the sort of inquisition that was his fate in every innings against England late last year, or indeed against Australia a year ago. The flying start calmed Tendulkar's nerves, braced Cheteshwar Pujara, fortified the Indian team. This was the decisive moment of the day, and the inexperience of the Australian opening bowlers —who both were not yet born when Tendulkar played his first Test — allowed the master to get away.
"I wanted to challenge the stumps but went little a bit wide and again changed the plan halfway through," Pattinson rued his moves later. "Being young, you seem to make mistakes and perhaps learn to better your plans."
Pattinson took one more wicket, Pujara bowled for 44 by one that shot through low. But, quite inexplicably, Australia's best, most threatening bowler sent down just six overs today, of the 52 the team bowled. He was tasked with bowling short, very quick spells — but he has a history of serious injuries, and was thus rested for long and frustrating periods today.
His opening spell lasted just 18 balls, yielding two wickets — and he came back to bowl after 20 long overs! He took out Pujara this time, but again bowled just three overs. That seems incredible, but that's the price Australia have decided to pay for the serious pace he brings in.
Tendulkar, Pujara and then Virat Kohli slowly dragged India out of the woods, though the job is unfinished yet. Tendulkar was assured for most of his innings, though he had a close shave in the over before tea when he padded away a ball from Nathan Lyon — mostly ineffectual today — but umpire Marais Erasmus negated the appeal.
Pujara was compact in defence but didn't spurn opportunities to score. His partnership with Tendulkar yielded 93 runs and ended when he was removed by Pattinson.
He was bowled when, he said later, he "midway" lost sight of a ball from Pattinson in the 29th over of the innings. Pujara later insisted that the ball wasn't too fast, or that the pitch had played a role in it; he admitted the ball did keep low on that occasion.
That left Indians dangerously perched at the edge of a creaky branch. At 105 for three, another wicket would have brought in the rookie Ravindra Jadeja in — the frequent triple-centurion in domestic cricket is not quite a master batsman at the international level. In that context, the innings Kohli played was critical. Kohli and Tendulkar have added 77 in 23.2 overs. Tendulkar's share is 26 and Kohli is already on 50; clearly, Kohli was the aggressor in the partnership, driving the ball with great poise to the off side boundaries.
Tendulkar hasn't looked this confident for a long time; he was aided by the Australians to an extent.
Australia 1st Inngs (overnight 316/7)
Cowan st Dhoni b Ashwin 29
Warner lbw b Ashwin 59
Hughes b Ashwin	6
Watson lbw b Ashwin 28
Clarke c Kumar b Jadeja 130
Wade lbw b Ashwin 12
Henriques lbw b Ashwin 68
Starc b Jadeja 3
Siddle c Sehwag b H Singh 19
Pattinson not out 15
Lyon c Kohli b Ashwin 3
Extras: 8
Total: (all out in 133 ov)	380
Fall of wickets: 1-64, 2-72, 3-126, 4-131, 5-153, 6-304, 7-307, 8-361, 9-364
Bhuvneshwar 13-1-52-0
Ishant 17-3-59-0
Harbhajan 25-2-87-1
Ashwin 42-12-103-7
Jadeja 36-10-71-2
India 1st innings
Vijay b Pattinson	10
Sehwag b Pattinson 2
Pujara b Pattinson 44
Tendulkar batting 71
Kohli batting	50
Total: (3 wkts in 52 ov)	182
Fall of wickets: 1/11, 2/12, 3/105
Starc 14-2-37-0
Pattinson 6-1-25-3
Siddle 8-1-31-0
Lyon 14-0-55-0
Henriques 8-2-17-0
Clarke 2-0-14-0
BACK TO BUSINESS: Sachin Tendulkar plays a shot during the first Test against Australia on Saturday. He remained unbeaten on 71 as India were 182/3 at stumps. PTI
Seeing Sachin Tendulkar bat with assurance again — after an eternity! — it's easy to err on the side of extreme optimism. Rather, it's actually a bleak scenario if your best batsman is a man who's going to be 40 in two months, whose genius is decidedly fading. He's burning so bright now, but is it because the light is flickering? This is almost certainly the master's farewell series across Indian grounds. He'd be glad with his work today.
The master had played his first Test at Chepauk 20 years ago, when he made 165. He's not far from a farewell century at the ground, 70 at close of play. This is Tendulkar's seventh fifty-plus score at the venue, where he has played 15 innings for 947 runs with five centuries and two fifties. The average is an impressive 94.7.
Tendulkar also went past the 7,000-run mark in home Tests today, and only Ricky Ponting is ahead of him on this table.
At the end of the day's play, the superfast James Pattinson paid his tribute to the master, and rued the mistake he made of providing him with four loose balls to begin with. It's a pity the battle didn't last long, because Pattinson was withdrawn from the attack. In all, Tendulkar faced only 10 balls from Pattinson -- almost incredible that the team's best bowler bowled so little, and sad because it was turning into quite a contest. Tendulkar had taken 15 runs off him, with three fours off the first four balls.
"My plan early on to Sachin was to try and bounce a little more," Pattinson said later. "I changed that plan in the last minute, and it was a mistake there. I think I should have gone with the first plan."
"Sachin is a fantastic player and it looked like he had a lot of time out there compared to the other batters," he added. "It is quite a daunting task bowling to him and looking at him he was at his class today and batted fantastically."
Cheteshwar Pujara agreed. He also emphasised the importance of those early fours by Tendulkar. "When Sachin Paaji came in to bat, from first ball onwards he was on the mark," Pujara said. "He got three boundaries in the first over. He was looking positive, I thought that I haven't seen him in such kind of positive mindset."
"I've seen him bat in the nets, the way he was timing the ball was different," Pujara added when asked if Tendulkar was batting radically differently from the way he did against England. "I've seen him in the England series in the nets. Unfortunately he didn't get runs in the matches, but the way he was batting in the nets, there was nothing wrong. He was timing the ball well," he said.
Tendulkar, who showed glimpses of his vintage form in his knock of 71 on the second day, hit two glorious fours off the first two balls he faced from Pattinson and clobbered another majestic boundary off the fourth ball.
Asked about the treatment meted out to him by Tendulkar, the 22-year-old Australian said the initial onslaught from the senior Indian player forced him to change his plan. "My early plan to Sachin was to try and bounce a little more. Changed that plan in last minute. It was a mistake there. I think I should have gone with the first plan. Sachin is a fantastic player and it looked like he had a lot of time out there compared to other batters," Pattinson said after at the press conference after second day's play.
"It's quite a daunting task bowling to him and looking at him he was at his class today and batted fantastically. When I bowl to him and other players, he picks the ball quite early and places it quite easily. Hopefully we will be successful tomorrow. His wicket is always prize scalp," he said.
Pattinson said the ball was reversing quite early, not swinging conventionally and that played a part in his decision to drop the plan of attacking the Indian top order with bouncers.
"The ball was reversing quite early and never swinging conventionally. I tried some stuff like that it worked well. I wanted to challenge Sehwag but went little bit wide and again changed the plan half way through. Being young you seem to make mistakes and perhaps you learn to better your plans," he said. — PTI
Both the riders of Mahi Racing, which made its debut in the World Supersport Championship last year, are strong contenders to take the chequered flag on Sunday.
Three-time champion Sofuoglu cut about half a second from his yesterday's best lap timing to take second position clocking 1:33.157s, while Foret bettered his timing by almost a second to clock 1:33.721s.
Foret had suffered some technical problems and was down to the 12th spot after the first qualifying. But the Frenchman made a strong comeback today and faced no problem in climbing up the grid.
After the race a much-relieved Foret said, "The competitive approach that we show as a team helps us to better our timing every time we are out there. Hopefully, both me and Kenan can better our performance and aim for a pole finish tomorrow."
In today's qualifying session, the pole went to Sam Lowes of Yakhnich Motorsports Yamaha, who had clocked 1:32.545s in yesterday's qualifying session, and the new track record was enough for him to take the pole position on the starting grid.
However, the riders of Mahi Racing are confident of turning the table on Lowes on Sunday.
"We were solid throughout the qualifying session and the bike (Kawasaki ZX-6R) performed fantastically over the two days," said Sofuoglu. Chairman and Managing Director of the Mahi Racing, Arun Pandey expressed happiness over the performance of his team and said they were looking forward to their first race day.
"We have done extremely well in the first official testing and also in the qualifying. Now we are looking forward to the race and I am sure we would be in contention for the podium finish tomorrow," he said.
Cricket is played by 10 nations with Test status and 35 associate countries. But it is India that provides nearly 80 per cent of the world``s cricket revenues," Jones wrote in his column for the Sydney Morning Herald. "And cricket-playing countries and players around the world are a lot wealthier because of that revenue generated by India," he added.
The police, who arrested Vinod from Rohtak, recovered 140 mobile phones from his possession, a spokesman of Police Department said.
He said that the arrest was made from a house in Old Anaj Mandi in Rohtak following a tip off.
The police conducted raid at the house and arrested the accused Vinod alias Tony.
He said that the police also recovered a diary, mobile charger, a television set and a laptop.
A case has been registered against the accused and further investigation was being carried out, he added.
After New Zealand were dismissed for an unchallenging 185 in an innings that ended 37 balls short of their 50 overs, England overhauled the target in a rapid 37.3 overs. The victory gives England a psychological boost going into the first Test on March 6 after earlier winning the Twenty20 series 2-1. Following the early dismissal of Ian Bell for 24, Alastair Cook (46) and Jonathan Trott (38) made the most of the flat track and short boundaries at Eden Park to effortlessly carve out a 67-run second-wicket partnership.
After they fell in quick succession, Joe Root (28*) and Eoin Morgan (39) put on 56 for the fourth wicket before Morgan was caught by Kyle Mills on the boundary.
Brief Scores: 185 all out in 43.5 ov (McCullum 79, R Taylor 28, Elliot 24,Finn 3/27, Broad 2/ 38); England: 186/5 in 37.3 ov (Cook 46,Morgan 39, Trott 38, Southee 3/48, Ellis 2/35).
Abbott's 7 wickets on debut send Pakistan crashing
AB de Villiers plays a shot in Pretoria. — Reuters
Centurion: Debutant paceman Kyle Abbott left Pakistan in tatters with seven first innings wickets as South Africa bowled out the tourists for 156 on the second day of the third Test at Centurion.
Abbott took 7/29, the best-ever Test bowling figures at Centurion, to force Pakistan to follow-on after South Africa had amassed 409 in their first innings.
Pakistan's fortunes failed to improve in the second innings as they limped to 14/1 at the close of play. The real damage was done in Pakistan's first turn at bat. Imran Farhat (30) had already survived an lbw dismissal from Rory Kleinveldt that was overturned on review when he was trapped in front by Vernon Philander.
Brief Scores: South Africa: 409 all out in 103.2 ov; Pakistan: (Ist innings): 156 all out in 46.3 overs (Younis Khan 33, Imran Farhat 30, K. Abbot 7/29); (Pakistan): (following on) 14/1 in 9 ovs (Azhar 5*,Younis 8*). — Reuters
After recalling Afridi in the One-day squad for the series against South Africa, chief selector Iqbal Qasim had said the all rounder will have to justify his selection by putting up a good show.
"I don't know in what context or scenario Iqbal Qasim said these things for me. But no one should put pressure on me," Afridi said. "My fans still want me to continue playing and I will decide myself till when to continue playing or when to leave," Afridi added. Afridi said he was determined to do well for the country and no one needs to remind him that.
"I have always said that I will never give anyone a chance to tell me that it is time for me to go. — AFP
Aman Sood
The decision would mean that they could participate in the international events held under the aegis of the AIBA but "officials from India will not be permitted and Indian boxers will compete under the AIBA flag".
Following a telephonic dialogue held between International Olympic Committee (IOC) member of India, Randhir Singh and AIBA chief Ching-Kuo Wu, AIBA paved way for the boxers to return to mainstream. Indian boxers were suspended from the international events last month by the world body.
In an official communiqué to Randhir Singh, AIBA wrote, "this letter is to inform you that despite the ongoing suspension of the Indian Amateur Boxing Federation, the AIBA EC Bureau took the decision on February 22, 2013 to exceptionally allow Indian boxers and coaches only (no official whatsoever permitted) to participate in AIBA Competitions (approved events) under the AIBA flag".
A couple of Indian boxers told TNS that though it is a welcome decision but playing under the national flag at the earliest would be real satisfaction. "I think the IOC has done a commendable job in getting the clearances for the Indian boxers otherwise many would have lost focus as the Indian Boxing Federation has done little to help its boxers," they stated.
The letter further says that the national federation may register boxers and coaches only to the ASBC Youth Boxing Championships due to take place from May 10-16, 2013 in Subic Bay, Philippines, and to future AIBA competitions. "Please note that you will be requested to provide a proof that the coaches registered are certified coaches," reads the letter, a copy of which is with The Tribune.
In recent years, amateur boxing has been one of few sports where Indians have held their own against the world's best, winning medals at the Olympics and other international meets. "I am happy for the Indian sportsmen and particularly for all the boxing lovers", Randhir stated.
Indian boxer Akhil Kumar welcomed the decision claiming that it is a much awaited decision as boxing is India's medal prospect.
MS Unnikrishnan/TNS
Veteran Leander Paes will spearhead the campaign, though he would be playing only in the doubles. The AITA selection committee, which met at the Delhi Lawn Tennis Association complex today, picked the team, though they did not feel it necessary to recall seasoned Mahesh Bhupathi and Rohan Bopanna. In the absence of the top players, India had lost to South Korea 1-4 in the Asia-Oceana Group I tie, played at the R.K.Khanna Stadim here last month. And the defeat rankled the top players who made themselves available for the tie against Indonesia as a one-off concession, till the AITA finds a lasting solution to the demands they had made.
The AITA selection committee, headed by Anil Dhupar, however decided to keep out Mahesh Bhupathi and Rohan Bopanna from the team as the selectors put thrust on singles, with Leander Paes, ranked eighth in the world in doubles, as the only specialist doubles player.
Dhupar said the idea was to groom the singles players as any of them could partner Leander in doubles, instead of saddling the team with two specialist doubles players, which will create imbalance in the singles lineup. "At the moment, we can do with Leander (in doubles)", noted Dhupar.
Therefore, the selectors also did not consider Purav Raja, who had ably supported Leander, though he was making his debut, to win the doubles rubber against Korea, for the tie against Indonesia. From the rookie team that India fielded against Korea, only Vijayant Malik, along with Shriram Balaji, find a place among the reserves while two promising young talent, Ramkuamr Ramanathan and Arjun Khadhe, will be invited to practice with the Cup squad.
S.P. Mishra has been retained as the non-playing captain for one last time while Zeeshan Ali will continue as the manager.
"I would like Oscar to just compose himself and to have a normal day," his uncle Arnold Pistorius said. He will return to court later this year when a date will be set for trial. Father Henke Pistorius declined to say how his son had slept at his uncle's house in Pretoria. But a source close to the family said "the family just want time together. They haven't thought about anything except being together."
Pistorius claims he repeatedly shot at and killed his lover by mistake thinking she was a burglar. Steenkamp's grieving parents, however, did not appear convinced. "It doesn't matter how rich he is and how good his legal team is. He needs to live with himself if he lets his legal team lie for him," her father Barry said. — AFP
India beat China 4-0
New Delhi: Indian men swept past China 4-0 to register fourth consecutive victory and keep their slate clean in the Hockey World League Rd 2 at National Stadium. — TNS
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text:
Purevpn Continues to Scale, Invites 90,000+ Ethical Hackers at Bugcrowd to Double Down on the Security of Its Service
Published September 5, 2018 Comments 0
September 4, 2018	(Newswire.com) –
Taking yet another innovative approach to user security and privacy, PureVPN — a maverick of the security industry — has partnered with Bugcrowd and invited its army of 90,000+ cybersecurity experts to test PureVPN to its limits. The program builds on PureVPN's cybersecurity commitment to deliver the world's most secure VPN experience.
PureVPN's decade-old mission to serve security with a never-ending line of innovations such as Ozone & Gravity (Beta) is in full swing. The Bug Bounty Program is a grand gesture by the VPN industry leader to reinforce and stand by its commitment to security and privacy.
The Bug Bounty Program
The security landscape is evolving at a mind-boggling rate. Today, no provider can guarantee 100% effectiveness of their offerings, unless they have a strong community of cybersecurity experts backing them, and the trust of knowing that the service is constantly being tested by the world's #1 community of ethical hackers.
Understanding the complexities of today's cybersecurity scenario, PureVPN has taken a bold step by getting its Windows, Mac, iOS, Android and Linux Apps along with its extensions for Chrome and Firefox browsers, and DD-WRT Applet put to the test by the world's finest. This groundbreaking step by the VPN industry leader shows seriousness, confidence and customer-centric nature of the provider, which effectively translates into utmost peace of mind for the end user.
Bug Bounty Rewards
While no price tag can ever justify the value of commitment, PureVPN is offering rewards up to $1,500 for vulnerability identification and help the VPN provider further develop active cyber-defense capabilities for some of its most popular client software for various platforms.
The rewards vary according to the vulnerabilities and loopholes discovered. Details of the program can be viewed at the Bugcrowd page.
A Little About Bugcrowd
Bugcrowd is a renowned name in the cybersecurity industry. It offers a crowd-powered platform that lets companies have their products or services torn apart and "pen-tested" by the crowd to identify bugs, vulnerabilities and other security threats. The crowd is composed of hundreds of thousands of individuals from across the globe, who are highly experienced and skilled in cybersecurity, penetration testing, vulnerability discovery, bug hunting and more.
The Scope of the Bugcrowd Program
With this program, PureVPN's target is to reassure its users that there are no vulnerabilities and loopholes encircling enumeration, information gathering and also vulnerabilities that lead to infrastructure compromise. All offerings by PureVPN, including its desktop and smartphone apps, router applet, and browser extensions will be tested for vulnerabilities and any other loopholes that can have a direct impact on its users and infrastructure.
By going under the pentesting program, PureVPN has communicated assurance to its users and has reinforced its promise to ensure ultimate security and intrusion-free privacy of its users. The program is aimed at making PureVPN's security & privacy services bulletproof. Given its reputation as the pioneer and top innovator in the VPN space, PureVPN continues to push the boundaries by elevating industry standards.
About PureVPN:
PureVPN is a leading VPN service loved by sports fans, streamers, and online privacy seekers across the world. The service was established with the aim of providing users with complete internet freedom.
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Source: PureVPN
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redpajama_set_name: RedPajamaCommonCrawl


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eLaws | Code of Federal Regulations | United States Code |
United States Code »
All Courts
Davis & Farnum Mfg. Co. v. Los Angeles , 189 U.S. 207 ( 1903 )
DAVIS AND FARNUM MANUFACTURING COMPANY
No. 507.
Supreme Court of United States.
Submitted January 13, 1903. Decided March 2, 1903. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA.
*209 Mr. Henry T. Helm, Mr. Lynn Helm, Mr. Edward C. Bailey, Mr. Henry T. Lee and Mr. J.R. Scott for appellant.
Mr. Albert H. Crutcher, Mr. W.B. Mathews, Mr. Le Compte Davis and Mr. J.R. Rusk for appellee.
*216 MR. JUSTICE BROWN, after making the foregoing statement, delivered the opinion of the court.
1. As the bill in this case is based not only upon diversity of citizenship, but upon the alleged unconstitutionality of the municipal ordinances of November 25, 1901, and March 3, 1902, as impairing the obligation of Mrs. Dobbins' contract with the city under prior ordinances, an appeal lies directly to this court, and upon such appeal the whole case is opened for consideration. Horner v. United States, No. 2, 143 U.S. 570; Chappell v. United States, 160 U.S. 499. The State having delegated certain powers to the city, the ordinances of the municipal authorities in this particular are the acts of the State through one of its properly constituted instrumentalities, and their unconstitutionality is the unconstitutionality of a state law within the *217 meaning of section 5 of the Circuit Court of Appeals act. City Railway Co. v. Citizens' R.R. Co., 166 U.S. 557; Penn Mutual Life Insurance Co. v. Austin, 168 U.S. 685, 694; St. Paul Gas Light Co. v. St. Paul, 181 U.S. 142, 148.
2. The court below did not pass upon the validity of these ordinances, but came to the conclusion that a bill in equity would not lie to restrain their enforcement, and in this aspect we shall discuss the case. As the only method employed for the enforcement of these ordinances was by criminal proceedings, it follows that the prayer of the bill to enjoin the city from enforcing these ordinances, or prevent plaintiff from carrying out its work, must be construed as demanding the discontinuance of such criminal proceedings as were already pending, and inhibiting the institution of others of a similar character.
That a court of equity has no general power to enjoin or stay criminal proceedings unless they are instituted by a party to a suit already pending before it, and to try the same right that is in issue there, or to prohibit the invasion of the rights of property by the enforcement of an unconstitutional law, was so fully considered and settled in an elaborate opinion by Mr. Justice Gray, In re Sawyer, 124 U.S. 200, that no further reference to prior authorities is deemed necessary, and we have little more to do than to consider whether there is anything exceptional in the case under consideration to take it out of the general rule. The plaintiff in the case of Sawyer sought to restrain the mayor and committee of a city in Nebraska from removing a city officer under charges filed against him for malfeasance in office. This was held to fall within the general rule and not within the exception.
The general rule that a Circuit Court of the United States, sitting as a court of equity, cannot stay by injunction proceedings pending in a state court to enforce the criminal laws of such State, was applied in Harkrader v. Wadley, 172 U.S. 148, to a case where the plaintiff sought to enjoin proceedings against him for the embezzlement of the assets of a bank; and in Fitts v. McGhee, 172 U.S. 516, to a suit brought by the receiver of a railroad against the attorney general of the State to restrain him from instituting or prosecuting criminal proceedings *218 to enforce against the plaintiff the provisions of a state law reducing the tolls, which had been exacted of the public by the railroad, of which the plaintiff was receiver. This was held to be in reality a suit against the State to enjoin the institution of criminal proceedings, and hence within the general rule. See also Prout v. Starr, 188 U.S. 537.
Plaintiff seeks to maintain its bill under the exception above noted, wherein, in a few cases, an injunction has been allowed to issue to restrain an invasion of rights of property by the enforcement of an unconstitutional law, where such enforcement would result in irreparable damages to the plaintiff. It cites in that regard the case of Reagan v. Farmers' Loan & Trust Co., 154 U.S. 362, in which, under a law of Texas giving express authority to a railroad company or other party in interest to bring suit against the railroad commissioners of that State, a bill was sustained against such commission to restrain the enforcement of unreasonable and unjust rates, and in the opinion a few instances were cited where bills were sustained against officers of the State, who, under color of an unconstitutional statute, were committing acts of wrong and injury to the rights and property of the plaintiff acquired under a contract with the State. It would seem that, if there were jurisdiction in a court of equity to enjoin the invasion of property rights through the instrumentality of an unconstitutional law, that jurisdiction would not be ousted by the fact that the State had chosen to assert its power to enforce such law by indictment or other criminal proceeding. Springhead Spinning Co. v. Riley, L.R. 6 Eq. 551, 558.
In order to determine the exact property rights at stake in the case under consideration it should be borne in mind that this is not a bill by Mrs. Dobbins, the owner of the land and of the proposed gas works, to enjoin the city from interfering with carrying out the permit she had obtained to erect these gas works, nor by the Valley Gas and Fuel Company, with which she had made a contract to erect these works; but by a sub-contractor, which had made a contract with the Gas and Fuel Company to erect for it, and upon premises to be designated by Mrs. Dobbins, a water tank and gas holder; and, without even *219 alleging that the Gas and Fuel Company had refused to carry out its contract, or pay to plaintiff damages, or that Mrs. Dobbins had refused to settle any claim the Gas and Fuel Company might have against her, seeks to enjoin the city of Los Angeles in the assumed right of Mrs. Dobbins from interfering with its servants and employes, and from preventing plaintiff from carrying out the work of erecting the water tank and gas holder, and also to desist and refrain from enforcing its ordinances. It sets up no contract of its own with the city which the municipal ordinances have impaired, but a contract of the city with Mrs. Dobbins, to which it was no party, in which it had no direct interest, and that, too, without averring that the Gas and Fuel Company was insolvent, or unable to respond to its claim for damages. It proceeds wholly upon the assumption that the revocation of Mrs. Dobbins' license will operate injuriously to it, and that it cannot obtain a full and adequate remedy at law by an action against the Gas and Fuel Company upon its contract to pay the price agreed upon between them.
It is true the bill is based upon the theory that plaintiff would suffer great and irreparable loss by the interference of the city and by the exposed condition of the works, and that the refusal of an injunction would result in innumerable actions at law and a multiplicity of suits, which would have to be instituted at great expense and without the possibility of recovering indemnity. We are not, however, bound by this allegation, when the facts set forth in the bill show that, if the plaintiff be entitled to a remedy at all, it has an action against the Gas and Fuel Company, which is presumed at least to be able to respond in damages for all such as plaintiff may have suffered by the interruption of the contract. Whether the Gas and Fuel Company in such action could defend upon the ground that the municipality had forbidden the prosecution of the work, might depend somewhat upon the terms of the contract, and upon the right of the Gas and Fuel Company to take advantage of the interference of the city. As to this we express no opinion. It is true the employes of the plaintiff were arrested, but that fact alone wrought no legal injury to the plaintiff, since if it were prevented from any cause for which the Gas and Fuel Company *220 were chargeable, it might bring an action for damages against that company, with which alone its contract was made, and recover such damages as it could prove to have sustained.
It is true that in a number of cases bills have been sustained by one or more stockholders in a corporation against the corporation and other parties, to restrain the enforcement of an unconstitutional law against the corporation itself, but it has always been held, and general equity rule 94 requires, that such bill must contain an allegation under oath that the suit is not a collusive one to confer on a court of the United States jurisdiction, and must also contain an allegation that the directors of a corporation have refused to institute the proceedings themselves in the name of such corporation, and the efforts of the plaintiff to secure such action on the part of the directors, and the cause of his failure to obtain it. Dodge v. Woolsey, 18 How. 331; Hawes v. Oakland, 104 U.S. 450; Corbus v. Alaska Co., 187 U.S. 455. This rule, however, has no application to sub-contractors who stand in no position to enforce the right of their immediate contractors, such as was the Gas and Fuel Company, or of the owner of the property who had agreed with such immediate contractors to do the work. The plaintiff in this case stands practically in the position of one who seeks to take advantage of the unconstitutionality of a law in which it has only an indirect interest, and by the enforcement of which it has suffered no legal injury. In this it stands much in the position of the plaintiff in Tyler v. Court of Registration, 179 U.S. 405, and in Turpin v. Lemon, 187 U.S. 51; In re Wellington, 16 Pick. 87, 96; Sinclair v. Jackson, 8 Cow. 543; Jones v. Black, 48 Alabama, 540; Shehane v. Bailey, 110 Alabama, 308; Dejarnett v. Haynes, 23 Mississippi, 600.
In this connection, also, the appellant cites the case of Reagan v. Farmers' Loan & Trust Co., 154 U.S. 362, 393, in which we held that the trustee of the bondholders of a railway corporation could maintain a suit against the state railway commission to restrain the enforcement of unreasonable and unjust rates. The case, however, was put upon the express ground that the bondholders were the equitable and the beneficial owners of the property of the corporation, and in that capacity *221 might "invoke the judgment of the Federal courts as to whether the contract rights created by the charter, and of which it is thus the beneficial owner, are violated by subsequent acts of the State in limitation of the right to collect tolls." In that case the bondholders were not only the beneficial owners of the property, but a reduction of the tolls might have resulted in the practical destruction of their securities, and unless the bill were maintained they were practically remediless. The case has but a remote analogy to the one under consideration.
As the appellant has shown no legal interest in this litigation, and no lack of a complete and adequate remedy at law, it results that the bill was properly dismissed, and the decree of the court below is therefore
DocketNumber: 507
Citation Numbers: 189 U.S. 207, 23 S. Ct. 498, 47 L. Ed. 778, 1903 U.S. LEXIS 1344
Judges: Brown, After Making the Foregoing Statement
Filed Date: 3/2/1903
Precedential Status: Precedential
Modified Date: 5/5/2017
Authorities (15)
Dodge v. Woolsey , 59 U.S. 331 ( 1856 )
Hawes v. Oakland , 104 U.S. 450 ( 1882 )
In Re Sawyer , 124 U.S. 200 ( 1888 )
Horner v. United States , 143 U.S. 570 ( 1892 )
Reagan v. Farmers' Loan & Trust Co. , 154 U.S. 362 ( 1894 )
Chappell v. United States , 160 U.S. 499 ( 1896 )
City Railway Co. v. CITIZENS'RAILROAD CO. , 166 U.S. 557 ( 1897 )
Penn Mut. Life Ins. Co. v. Austin , 168 U.S. 685 ( 1898 )
Harkrader v. Wadley , 172 U.S. 148 ( 1898 )
Fitts v. McGhee , 172 U.S. 516 ( 1899 )
Tyler v. Judges of Court of Registration , 179 U.S. 405 ( 1900 )
St. Paul Gas Light Co. v. St. Paul , 181 U.S. 142 ( 1901 )
Turpin v. Lemon , 187 U.S. 51 ( 1902 )
Corbus v. Alaska Treadwell Gold Mining Co. , 187 U.S. 455 ( 1903 )
Prout v. Starr , 188 U.S. 537 ( 1903 )
View All Authorities »
Dobbins v. Los Angeles , 195 U.S. 223 ( 1904 )
City of Dawson v. Columbia Avenue Saving Fund, Safe Deposit,... , 197 U.S. 178 ( 1905 )
Mercantile Trust Co. v. City of Columbus , 203 U.S. 311 ( 1906 )
Ex Parte Young , 209 U.S. 123 ( 1908 )
Philadelphia Co. v. Stimson , 223 U.S. 605 ( 1912 )
Ross v. Oregon , 227 U.S. 150 ( 1913 )
McCabe v. Atchison, T. & SFR Co. , 235 U.S. 151 ( 1914 )
Wathen v. Jackson Oil & Refining Co. , 235 U.S. 635 ( 1915 )
Truax v. Raich , 239 U.S. 33 ( 1915 )
Rast v. Van Deman & Lewis Co. , 240 U.S. 342 ( 1916 )
Terrace v. Thompson , 263 U.S. 197 ( 1923 )
Packard v. Banton , 264 U.S. 140 ( 1924 )
Hygrade Provision Co., Inc. v. Sherman, Atty. Gen. Of New ... , 266 U.S. 497 ( 1925 )
Cline v. Frink Dairy Co. , 274 U.S. 445 ( 1927 )
King Mfg. Co. v. City Council of Augusta , 277 U.S. 100 ( 1928 )
Spielman Motor Sales Co. v. Dodge , 295 U.S. 89 ( 1935 )
Beal v. Missouri Pacific R. Corp. , 312 U.S. 45 ( 1941 )
Tileston v. Ullman , 318 U.S. 44 ( 1943 )
Douglas v. City of Jeannette , 319 U.S. 157 ( 1943 )
AFL v. Watson , 327 U.S. 582 ( 1946 )
View All Citing Opinions »
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text:
Religious accommodation need not be employee's preferred accommodation
published in McAfee & Taft EmployerLINC | June 25, 2018
By Phil Bruce
Just as employers have a legal duty to reasonably accommodate employees' disabilities, they also have an obligation to reasonably accommodate employees' religious practices. Employers often struggle with determining what is reasonable, particularly when the employee requests an accommodation different than what the employer has offered. Recently, the Tenth Circuit clarified that a religious accommodation can be reasonable even if it is not the employee's preferred accommodation and has a monetary cost to the employee.
The case: Christmon v. B&B Airparts, Inc.
Jerome Christmon was a Hebrew Israelite whose employer, B&B Airparts, Inc., required all employees to work mandatory overtime on Saturdays. But Christmon's religious practice, which regarded Saturday as the Sabbath, prevented him from working on Saturdays. He requested an accommodation: to work overtime on Sundays instead of Saturdays.
B&B, however, did not grant his requested overtime. Instead, B&B told him that he would need to request time off on Saturdays. Christmon never requested time off and, instead, stopped showing up for work on Saturdays. The company never took any disciplinary action against him for failing to request time off and missing Saturday shifts, thus effectively giving him the accommodation of not requiring that he work mandatory overtime on Saturdays. This did not satisfy Christmon, who claimed he lost out the opportunity for overtime pay. B&B ultimately terminated Christmon for unrelated reasons, and he filed suit, alleging that B&B violated Title VII by refusing to provide a reasonable religious accommodation.
The Tenth Circuit Court of Appeals, agreeing with the district court, held that B&B offered a reasonable religious accommodation and did not violate Title VII by refusing to offer makeup overtime on Sundays. In coming to this decision, the court cited several older cases where courts held it was a reasonable religious accommodation to offer unpaid leave. It then took the next logical step, holding that an employer does not need to offer makeup overtime to an employee who misses work due to religious practices. In short, B&B's not disciplining Christmon for missing mandatory overtime on Saturdays was a sufficient accommodation to the employee's religious needs.
In support of his argument, Christmon cited multiple consent decrees from the Equal Employment Opportunity Commission. These decrees were essentially settlement agreements the EEOC negotiated in allegedly similar circumstances. Interestingly, the court disregarded these examples as lacking any persuasive authority or legal analysis. Nonetheless, it appears the court has taken a position that is contrary to the EEOC's approach, when the court decided that providing makeup overtime to Christmon was not a reasonable accommodation.
As always, employers should take great care when they are approached with a request for a religious accommodation. The court's decision in this case bolsters the rule that a reasonable accommodation does not have to be the one the employee requests. In fact, employers are now on solid footing that they are not required to give a requested accommodation to an employee, even if it means the employee may tangentially result in a monetary cost to the employee.
Employers should be careful to not push this decision too far, though, as they could still face potential liability if they affirmatively seek to impose a monetary penalty on employees for exercising their religious practices. For example, if B&B had required Christmon to take vacation leave on his Sabbath, then this case may have turned out differently. Or, had B&B told Christmon that he was categorically excluded from any overtime opportunities regardless of the days worked (i.e., over 40 hours Monday through Friday) because of his inability to work mandatory overtime, it could have faced a retaliation claim.
The bottom line is that employers still need to analyze a requested accommodation on a case-by-case basis but are not limited to only providing the accommodation the employee requests.
Christmon v. B & B Airparts, Inc., Case No. 17-3209 (10th Cir. 5/24/18)
Philip R. Bruce
philip.bruce@mcafeetaft.com
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