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Milner v. Earl Fruit Co.
West v. Prater
The fact that a contract was signed without a party reading it or understanding the contents thereof is not…
Utah Construction Co. v. McIlwee
In Stein v. Fogarty, 4 Idaho 702, 46 P. 681, it is held that in the absence of fraud, accident or mistake,…
Full title:A. J. MILNER, Respondent, v. EARL FRUIT COMPANY OF THE NORTHWEST, a…
Court:Supreme Court of Idaho
Date published: Jan 2, 1925
232 P. 581 (Idaho 1925)
232 P. 581
Supreme Court of Idaho
In Milner v. Earl Fruit Co., 40 Idaho 339, 232 P. 581, it is said: "The general rule of law that parol evidence cannot be admitted to alter, contradict, vary, add to or detract from the terms of a written instrument or contract, has so frequently been laid down in text books, encyclopedias and decided cases, that no useful purpose would be served in incorporating at length the discussions therein contained."
Summary of this case from Utah Construction Co. v. McIlwee
See 1 Summary
APPEAL from the District Court of the Eleventh Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge.
Action on contract. Judgment for plaintiff. Reversed.
W.P. Guthrie and Chas. M. Kahn, for Appellant.
Parol evidence is never admissible to vary, alter, add to or detract from the terms of a written contract. (22 C. J., pp. 1070, 1074, 1098-1104; 10 R. C. L., pp. 1016-1018; Chamberlayne's Hand Book on Evidence, pp. 862-869; 9 Ency. of Evidence, 321-325; Greenleaf on Evidence, 16th ed., sec. 275; Marks v. Twohy Bros. Co., 98 Or. 514, 194 P. 675; Vaughn v. Smith, 80 Okl. 244, 195 P. 754; First National Bank v. Fickert, 51 Cal.App. 99, 196 P. 112; Fagan v. Walters, 115 Wn. 454, 197 P. 635; Rowe v. Emerson-Brantingham Implement Co., 61 Mont. 73, 201 P. 316; United States Fidelity Guaranty Co. v. Grabske, 111 Kan. 271, 207 P. 322; Jacobs v. Shenon, 3 Idaho 274, 29 P. 44; Stein v. Fogarty, 4 Idaho 702, 43 P. 681; First Natimal Bank v. Bews, 5 Idaho 678, 51 Pac, 777; Newmeyer v. Roush, 21 Idaho 106, 123, 120 P. 464; Tyson v. Neill, 8 Idaho 603, 70 P. 790; Idaho Fruit Land Co. v. Great Western Beet Sugar Co., 18 Idaho 1, 107 P. 989; Payette National Bank v. Ingard, 34 Idaho 295, 200 P. 344; Beebe v. Pioneer Bank Trust Co., 34 Idaho 385, 201 P. 717; Jarrett v. Prosser, 23 Idaho 382, 130 P. 376; Hurt v. Monumental Mercury Mine Co., 35 Idaho 295, 206 P. 184.)
Fraud must be pleaded to be relied upon. ( Moser v. Pugh-Jenkins Furniture Co., 31 Idaho 438, 173 P. 639; Int. Warehouse Co. v. Dunn, 80 Or. 528, 157 P. 806; San Diego Co. v. Utt, 173 Cal. 554, 160 P. 657; Buhler v. Loftus, 53 Mont. 546, 165 P. 601; Benson v. Johnson, 85 Or. 677, 165 Pac. 1001; Harding v. Robinson, 175 Cal. 651, 166 P. 808.)
Ignorance of terms or failure to read contract afford no grounds to avoid it. (13 C. J. 370; 6 R. C. L. 634; Constantine v. McDonald, 25 Idaho 342, 137 P. 531; Price v. Shay, 110 Kan. 351, 203 P. 1105.)
No change of theory on appeal is permitted. (3 C. J., sec. 618, p. 718; Miller v. Sheane, 120 Wn. 227, 206 P. 913; Forsland v. Forsland, 46 Cal.App. 405, 189 P. 327; Mt. Vernon Car Mfg. Co. v. Hirsch Rolling Mill Co., 285 Mo. 669, 227 S.W. 67; Kenefick v. Norwich Union Fire Ins. Soc., 205 Mo. 294, 103 S.W. 957; Werner Co. v. Abrams, 123 N.Y. Supp. 970; Schneider v. Henley, 61 Cal.App. 758, 215 P. 1036; Merrill v. Kohlberg, 29 Cal.App. 382, 155 Pav. 924; Lebeher v. Lambert, 23 Utah, 1, 63 P. 628; Blanc v. Connor, 167 Cal. 719, 141 P. 217.)
Oral modifications of the contract must be pleaded. (C. S., sec. 6687, subd. 2; Bates v. Capital State Bank, 21 Idaho 141, 121 P. 561; 13 C. J., sec. 835, p. 731; Dunaway v. Roden, 14 Ala. App. 501, 71 So. 70; Koons v. St. Louis Car Co., 203 Mo. 227, 101 S.W. 49; Ostrander v. Messmer, (Mo.App.), 223 S.W. 438; Ross-Saskatoon Lumber Co. v. Turner Dennis Lowry Lumber Co. (Mo.App.), 253 S.W. 119; Ruth Hastings Glass Tube Co. v. Slattery, 266 Pa. 288, 109 Atl. 695; Brooks v. Bellows, 192 Mich. 109, 158 N.W. 152; Finley v. Pew, 28 Wyo. 342, 205 Pac. 310, 206 P. 148; O'Connor v. Dingley, 26 Cal. 19; Victor Sewing Mach. Co. v. Scheffler, 61 Cal. 530.)
E.V. Larson, for Respondent.
A written contract may be modified or varied by a subsequent parol agreement where such change or modification has been executed. (6 R. C. L., sees. 298, 299, 301, and authorities cited; 10 R. C. L., p. 1032, sec. 225; 13 C. J., p. 593, sec. 609; Jones on Evidence, sec. 442.)
Where issues are raised in a trial and evidence has been submitted to a jury the judgment of the court or verdict of the jury will not be disturbed where the proof is sufficient. ( Fruitland State Bank v. Lauer, 34 Idaho 272, 200 P. 127; Lyons v. Lambrix, 33 Idaho 99, 190 P. 356; Lisenby v. Inter-mountain State Bank, 33 Idaho 101, 190 P. 355; Walker v. Edwards, 32 Idaho 257, 181 P. 932; Neil v. Hyde, 32 Idaho 576, 186 P. 170; Shaw v. City of Nampa, 31 Idaho 347, 171 Pac. 1132.)
BUDGE, J.
Respondent in this action seeks to recover from appellant $7,766.04, an alleged balance due for his 1919 crop of apples which he alleges were delivered to the appellant at his special instance and request between September 22, 1919, and November 3, 1919. Appellant in his answer denies specifically the allegations of respondent's complaint and affirmatively alleges that on or about May 24, 1919, it entered into a written consignment contract with respondent wherein it was mutually agreed that the entire apple crop of respondent for the year 1919, estimated at about 18,000 boxes, was to be delivered to appellant. The contract is set out in full and made a part of the answer and contains the usual and general provisions of a consignment contract, including the payment of commission, costs and expenses in connection with the loading, inspecting, shipping and transportation of the fruit to the place of sale or to the points designated by the appellant. It also provides that appellant shall make certain advances for the purchase of spray, box materials, nails, paper and expenses incident to the thinning of the orchard and also provides that appellant shall furnish, from time to time, accounts of all apples sold with debits and credits by reason of advancements, storage charges and other matters not necessary to be mentioned.
The cause was tried to the court and a jury. A verdict was rendered in favor of respondent for $7,766.04 and thereafter judgment was entered on said verdict. A motion for new trial was thereafter made and overruled. This appeal is from the judgment and from an order overruling the motion for a new trial.
Appellant designates five specifications of error which may be discussed and disposed of under specification of error No. 4, which is that "the court erred in admitting certain testimony of the plaintiff, A.J. Milner, relating to negotiations, conversations and transactions prior to the entering into of the written contract." If the action of the court in this regard was erroneous, its action was likewise erroneous in refusing to grant appellant's motion for a nonsuit, a directed verdict and in denying appellant's motion for a new trial. The evidence objected to related to conversations and negotiations that took place between respondent, Lester Campbell and F.V. Martin, the two latter being agents of appellant, prior to entering into the written contract set out in appellant's answer. It might be here observed that one James Swan, who testified that he was present and heard the conversations and negotiations had between the above-named parties, was permitted to testify to the substance of the conversations and negotiations alleged to have been carried on. We shall consider only such of the testimony given by the respondent as is necessary to dispose of the question raised by the fourth assignment of error.
Respondent testified that Martin and Campbell came to his place on the 19th or 20th of May, 1919, at which time he had a conversation with them, as representatives of the appellant, touching the matter of the consignment to that company of his apple crop for that year. He testified that he said to them that he did not care to ship any of his crop on consignment; that he intended to sell his crop f. o. b. cars at Buhl; that finally Mr. Martin made him a proposition that appellant would make him a price for the apples at picking time, f. o. b. cars at Buhl; and that he would have the privilege of rejecting or accepting the price made by him at that time. He further testified that Mr. Martin said that in making that price or offer they would take ten cents a box from their price and he would then have the absolute price that he would get for his apples, f. o. b cars at Buhl, with the privilege of either accepting or rejecting the price offered at picking time. At this point in the testimony appellant's counsel asked to be permitted to interrogate the witness and with the consent of the court, asked the following question:
"Q. Did you have a written contract with the Earl Fruit Company? A. There was one entered into."
Counsel for appellant then interposed the following objection:
"We object to any testimony which would attempt to vary the terms of the written contract by parol; and we object to it further upon the ground that it is not the best evidence."
Whereupon the court made the following ruling:
"Court: If this preceded the contract and afterward was embodied in the contract, the objection is well taken."
Counsel for respondent then inquired of the witness whether there was a written contract and the witness stated that "there was one entered into following our conversation," meaning the conversation heretofore stated. The witness was then asked to explain the circumstances under which the contract was entered into and in the course of his explanation stated that: "after we had come to an agreement, it was left with Mr. Campbell to draw up the contract according to our agreement and I was to sign the contract after Mr. Campbell drew it up according to our agreement, but when he delivered that contract to me it was in the evening just about dark and I was unable to read the contract over, and after we had talked the matter over and Mr. Campbell assured me that he had drawn the contract in accordance with our agreement, and after that I says I will sign this contract for you and you can take it back, and I says if the contract is according to our agreement it will stand, and if it is not I will let you know, and I will be over and see you."
The witness was then permitted to testify that the contract delivered and signed by him was not in accordance with the understanding previously had; that he afterward went to Twin Falls and told Mr. Campbell that the contract was not prepared in accordance with the agreement theretofore reached. At the conclusion of the witness' testimony counsel for appellant objected to any testimony as to what the contract contained, or as to the circumstances or conversations leading up to the contract, for the reason that the contract itself was the best evidence of what it contained and of what the agreement was. The court, in making its ruling, used the following language:
"No, I think that is true. A written contract which would be produced would be the best evidence as to what the agreement was, and it would not be changed or modified by anything of that kind."
Whereupon counsel for respondent made the following statement:
"It is the theory of the plaintiff here that the written contract is not in force or operative; that it was signed by the plaintiff upon misrepresentation amounting practically to a fraud perpetrated upon the plaintiff, as the defendant company through its, representatives, Mr. Campbell and Mr, Martin assured this plaintiff that the contract did in fact contain certain terms that it did not as a matter of fact contain, and it was mutually agreed at the time of the signing of the contract that if it did not contain the particular matters and things theretofore agreed upon, that it would be of no force nor effect, no binding force upon the plaintiff."
From what has been recited and as further disclosed by the record, the court ultimately permitted the witness to testify to all of the conversations and negotiations had prior to and contemporaneously with the execution of the contract. It is insisted by appellant that the admission of this testimony constituted reversible error. It will be observed from a reading of the complaint that neither fraud, misrepresentation nor coercion are alleged. While respondent urges fraud and misrepresentation to avoid the contract he failed to plead it, and this evidence was therefore not admissible. ( Moser v. Pugh-Jenkins Furniture Co., 31 Idaho 438, 173 P. 639, and cases therein cited; Buhler v. Loftus, 53 Mont. 546, 165 Pac. 601; San Diego County v. Utt, 173 Cal. 554, 160 P. 657; Interior Warehouse Co. v. Dunn, 80 Or. 528, 157 P. 806; Benson v. Johnson, 85 Or. 677, 165 P. 1001; Harding v. Robinson, 175 Cal. 651, 166 P. 808.)
This evidence varied, altered and contradicted the terms of the written contract conceded by both parties to have been signed and delivered. The contract pleaded in the answer is a contract of consignment. The testimony offered by the witness, as well as the allegations of the complaint, tended to establish a contract of sale. If respondent is allowed to introduce proof under his pleadings, he recovers upon an entirely different contract than the one signed and entered into by the parties. The fact that the contract was signed and delivered at about dark, coupled with the further fact, if it be true, that respondent did not read or understand the written contract, is not sufficient to set it aside and constituted nothing more than gross negligence upon the part of appellant in failing to read the contract or have the same read to him, or to otherwise inform himself as to the nature, terms and conditions thereof. ( Constantine v. McDonald, 25 Idaho 342, 137 P. 531; Price v. Shay, 110 Kan. 351, 203 P. 1105; 6 R. C. L., p. 624, sec. 43; 13 C. J., p. 370, sec. 249.)
The general rule of law that parol evidence cannot be admitted to alter, contradict, vary, add to or detract from the terms of a written instrument or contract has so frequently been laid down in text-books, encyclopedias and decided eases that no useful purpose would be served by incorporating at length the discussions contained therein. The most usual language used in respect to the parol evidence rule will be found in 22 C. J., pp. 1099-1104, sec. 1459, which is:
". . . . in the absence of fraud or mistake, parol or extrinsic evidence is not admissible to vary, add to, modify, or contradict the terms or provisions of the written instrument by showing the intentions of the parties or their real agreement with reference to the subject matter to have been different from what is expressed in the writing; for where the parties have deliberately put their engagements into writing in such terms as import a legal obligation, without any uncertainty as to the object or extent of their engagement, all previous negotiations and agreements with reference to the subject matter are presumed to have been merged in the written contract, and the whole engagement of the parties and the extent of their undertaking is presumed to have been reduced to writing. The rule, however, goes even further than this, and it has been established that where the instrument is free from ambiguity, and is in itself susceptible of a clear and sensible construction, parol or extrinsic evidence is not admissible even to explain its meaning or determine the construction of the writing." (See, also, Butterick Pub. Co. v. Fisher, 203 Mass. 122, 133 Am. St. 283, 89 N.E. 189. Also 10 R. C. L. 1016-1018, sec. 208:
"The execution of a contract in writing is deemed to supersede all the oral negotiations or stipulations concerning its terms and subject matter which preceded or accompanied the execution of the instrument, in the absence of accident, fraud, or mistake of fact; and any representation made prior to or contemporaneous with the execution of the written contract is held to be inadmissible to contradict, change or add to the terms plainly incorporated into and made a part of the written contract. . . . . Although oral evidence may be ( erroneously) admitted without objection it should not be permitted to work an alteration of a written contract between the parties."
This court, in the recent case of Gardiner v. Gardiner, 36 Idaho 664, 670, 214 P. 219, stated the rule as follows:
"The general rule is well established that, when a contract is reduced to writing, it constitutes the final agreement of the parties as to its subject matter, and prior or contemporaneous oral agreements or statements varying or adding to its terms are not admissible." (See, also, to the same effect, Jacobs v. Shenon, 3 Idaho 274, 29 P. 44; Stein v. Fogarty, 4 Idaho 702, 43 P. 681; First National Bank v. Bews, 5 Idaho 678, 51 P. 777; Tyson v. Neill, 8 Idaho 603, 70 Pac. 790; Newmyer v. Roush, 21 Idaho 106, 123, Ann. Cas. 1913D, 433, 120 P. 464; Payette Nat. Bank v. Ingard, 34 Idaho 295, 200 Pac. 344; Beebe v. Pioneer Bank Trust Co., 34 Idaho 385, 201 Pac. 717; Hurt v. Monumental Mercury Min. Co., 35 Idaho 295, 206 Pac. 184.)
The contract of consignment was admitted by the respondent to be the contract entered into and upon a number of instances he testified that he considered the entire contract as binding upon him and upon appellant with the exception of the consignment features and that he availed himself of all of the provisions of the contract, namely, the acceptance of the money, materials, that portion of the contract which provided for commission, cost of warehouse, inspection and all other charges but insisted upon his right, by parol evidence of conversations and negotiations had prior to and contemporaneously with the execution of the contract, to eliminate therefrom the consignment features and insert in lieu thereof a contract of sale. The contract is unambiguous and free from all uncertainties, and, as admitted by respondent, expressed the final conclusions of the parties, except in the one particular above stated. Under the circumstances we have reached the conclusion that the court committed reversible error, particularly in view of the state of the pleadings, in permitting the witness to testify to any matters, conversations or negotiations alleged to have taken place prior to or contemporaneously with the execution of the contract.
We are also of the opinion that there is no merit in the theory advanced by the respondent that when, as testified to by him, he went to Twin Falls and stated to the agent of appellant that the contract did not contain the agreement entered into in the orchard, and thereupon the agent of appellant stated in substance that irrespective of the written contract they would carry out the agreement entered into in the orchard, this warranted the admission of the respondent's testimony. Upon no theory could this testimony be admitted in the absence of proper allegations of the nature and character of the contract and the particulars wherein the same had been subsequently modified by the parol agreement. Where a modification of a contract is relied upon for a recovery, such modification must be pleaded. (13 C. J., sec. 835, p. 721; Pioneer Savings Loan Co. v. Kasper, 7 Kan. App. 813, 52 P. 623; Williams v. Mt. Hood Ry. Power Co., 57 Or. 251, Ann. Cas. 1913A, 177, 110 Pac. 490, 111 P. 17; Ross-Saskatoon Lumber Co. v. Turner, Dennis Lowry L. Co. (Mo.App.), 253 S.W. 119; Mt. Vernon Car Mfg, Co. v. Hirsch Bolling Mill Co., 285 Mo. 669, 227 S.W. 67; Koons v. St. Louis Car Co., 203 Mo. 227, 101 S.W. 49; George Gifford Co. v. Willman, 187 Mo. App. 29, 173 S.W. 53; Ostrander v. Messmer (Mo.App.), 223 S.W. 439.)
Counsel for respondent urges for the first time in this court that this testimony was admissible for the purpose of showing a subsequent parol modification of the original contract, in the absence of an allegation in his complaint that there was such a modification by subsequent parol agreement. In the trial court the cause was tried upon the theory that the written contract of consignment was a nullity and of no force or effect. In this court it is insisted that the consignment contract was modified by subsequent parol agreement. These two theories are inconsistent and untenable. We believe the rule to be that parties will be held to the theory upon which their cause was tried in the lower court and a different and inconsistent theory cannot be advanced for the first time upon appeal. (3 C. J. 718, see. 618; Miller v. Sheane, 120 Wn. 227, 206 P. 913; Schneider v. Henley, 61 Cal.App. 758, 215 P. 1036; Forsland v. Forsland, 46 Cal.App. 405, 189 P. 327; Blanc v. Connor, 167 Cal. 716, 141 Pac. 217.)
In view of the conclusion reached we do not deem it necessary to consider and dispose of the other errors assigned. The judgment must be reversed and it is so ordered. Costs are awarded to appellant.
McCarthy, C.J., and William A. Lee, J., concur.
WM. E. LEE, J., Dissenting.
This case was originally assigned to me, and I prepared an opinion which met with the approval of only one of my associates. I am still convinced that it constitutes a correct decision of the questions presented and that the majority opinion does not correctly determine the cause. For this reason I feel that I may be pardoned for thus presenting my views. This action was instituted to recover a balance alleged to be due on a contract for the sale of apples. Respondent alleged that in 1919 he sold and delivered to appellant his crop of apples at an agreed price, and that there was a balance due thereon of $7,766.04. Appellant answered the complaint, and denied that it had purchased any apples from respondent, but alleged affirmatively that it made and entered into a contract, in writing, with respondent, wherein and whereby it agreed to handle respondent's entire crop of apples on consignment; and that it so handled the entire crop of apples, rendered an account thereof to respondent, and paid over to him all that was due. The written contract was made a part of the answer.
Respondent testified that two officers of appellant, Campbell and Martin, came to his place to see him in May, 1919, and that "They . . . . wanted to talk apple business with me, and wanted to know if I had contracted my crop, and I told them that I had not, and they said they would like to have the privilege of handling it, and wanted to know if I would contract the crop and ship it on consignment to the Earl Fruit Company, and I said that I did not care to ship any of my crop on consignment, as I had had about all of that kind of experience that I cared for, and that I intended to sell my apple crop f. o. b. the cars at Buhl, and that I believed I could do so; and they then tried to show me that I was making a mistake by doing so and argued the question along that line and tried to get me to consign my apples to the Earl Fruit Company, but I still held out that I would not consign my apples to them. Finally, Mr. Martin made me a proposition, and his proposition was that the Earl Fruit Company would make a price for the apples at picking time — a price on the market, free on board cars at Buhl, Idaho, and that I would have the privilege of rejectment or acceptance of their price at picking time when the apples would be ready for loading on cars. Mr. Martin also said that in making that price or offer, that from their price I was to take ten cents a box from their price — the price they offered me for the apples at picking time, free on board cars at Buhl, and that I would have then the absolute price that I would get for my apples on board the cars at Buhl, and that I would have the privilege of either accepting or rejecting their price for the apples at that time."
At this point, appellant objected to any testimony "which would attempt to vary the terms of a written contract by parol"; and urged that "it was not the best evidence." The court announced that "if this preceded the contract and afterwards was embodied in it, the objection is well taken." Respondent then continued and testified without objection that he agreed to the proposition they made to him; that it was agreed that Campbell should draw up the contract according to their understanding; that thereafter Campbell brought the contract to him "about dark" when respondent could not read it; that Campbell assured him that the contract was prepared in accordance with their agreement; that he thereupon signed it, but that he said to Campbell:
" . . . . If the contract is according to our agreement, it will stand, and if it is not, I will let you know, and I will be over and see you."
Respondent further testified, without objection, as follows:
"I went to Twin Falls and went into the office where Mr. Campbell was, and pulled out the contract, and I says, 'This contract is not in accordance with the conversation and agreement we had in the orchard — it does not have Mr. Martin's proposition in it at all, that he made to me, with the exception of the money part of it.' . . . . Mr. Martin had agreed to let me have money to finance the picking of the apples, also, if I need any money at thinning time, he would advance me some then."
An objection was here made that the contract was the best evidence of its contents, and also to any testimony relating "to the circumstances or conversation leading up to the contract." The objection was sustained, presumably because the contract was the best evidence, as the witness was then testifying to matters subsequent to the signing of the contract. After some discussion between counsel, appellant stated:
"I would like to have the record show the questions and answers relating to a subsequent parol contract, or any attempt to vary or modify the written contract, to go in under the objection of defendant."
Respondent then testified, without further objection, as follows:
"I came to see Mr. Campbell in Twin Falls. I came into his office. I pulled out the contract and showed him the contract, and told him it was not in accordance with our agreement, that the contract which he had drawn up was not in accordance with our talk and did not contain Mr. Martin's proposition; and he says, 'Why, we never put those things in a contract,' he says, 'but the Earl Fruit Company will surely carry out their contract under their agreement as we have talked it over, and it will be all right."
Without objection respondent was permitted to testify further to the same conversation, as follows:
"I told Mr. Campbell that this contract, I says, 'This contract that you brought out there is only a one-sided contract that you have got made up here, and you didn't combine in this contract the oral agreement that we made there in the orchard, and that we agreed should be in this contract,' and he says, 'Well, no, but we will carry that out just exactly as we agreed to and you need not have any fear or doubt about that.' "
Testimony on behalf of respondent then showed that some money was advanced by appellant, and, when the apples matured, Campbell made respondent a price for the "King Davids," a definite price per box for each of certain grades, f. o. b. Buhl; that after the "King Davids" were delivered, respondent asked Campbell for prices on the different grades of "Jonathans," and that he was given a price on such apples, f. o. b. Buhl; that thereafter, Campbell gave him a price on the "Delicious" variety, f. o. b. Buhl; that, for the sum per box offered, he sold and delivered all his apples to appellant, except one car of mixed varieties; and that appellant not being able to make a price on the mixed varieties, such car was delivered on consignment.
The evidence on behalf of appellant consisted of a denial of practically all of the conversations testified to by respondent relating to a sale of the apples. Appellant claimed that it took all of respondent's apples on consignment, sold them, paid the freight, auction, brokerage, inspection, storage and other charges, and paid to respondent all of the proceeds of the sale of the apples that remained. Appellant explained that it received orders for apples of certain varieties and grades, and that it did not make respondent any price on his apples at any time, but that it gave him an opportunity to fill such orders; that the apples did not come up to the grades; and that they were necessarily handled on consignment. Appellant moved to strike all the respondent's testimony from the files "with the exception of the preliminary negotiations on the written contract," on the ground that it was an attempt to vary the terms of a written contract, which motion was denied.
I have thought it necessary, because of the somewhat unusual nature of the case and the grounds upon which it is sought to reverse the judgment, to quote some of the material parts of the testimony, together with some of the objections made by appellant. Appellant moved for a nonsuit at the close of the plaintiff's case, for a directed verdict at the close of the evidence, and for a new trial. The appeal is from the judgment and from the order overruling motion for new trial, and appellant assigns as error the refusal of the court to grant said motions, the insufficiency of the evidence to sustain the verdict and the admission of "certain testimony of plaintiff . . . relating to negotiations, conversations and transactions prior to the entering into of the written contract." The foregoing specifications are treated by appellant under two heads: The first relates to the admission of certain evidence, and the second to the insufficiency of the evidence. Because of the position taken by the majority, it should be stated that none of the specifications of error question either the sufficiency of the complaint, or that the action is not based upon the written contract, or that there is no allegation of a modification of the written contract, or of fraud or mistake, or that no reformation is sought.
Respondent was permitted, without timely objection, to testify to the negotiations preceding the execution of the contract, and to detail the terms and conditions which it was agreed should be embodied in the contract. Appellant claims that this was error, in that all prior negotiations were embodied in the contract, and that parol evidence was not admissible to vary or modify its terms. Respondent contends that such testimony was admissible, not as tending to vary or change the terms of the written contract, but to establish the terms of an agreement that was not embodied in the written contract; it being respondent's position that appellant had failed to embody their agreement in the contract that was signed; that when he later found this out, he went to appellant and that they then and there agreed that the terms and conditions agreed upon prior to the signing of the contract would be carried out; and that in proving the terms of the subsequent agreement, it was necessary to show what was agreed upon before the written contract was signed.
Appellant contends that the contract between the parties was reduced to writing; that it was complete within itself; and that conversations or negotiations occurring prior to the making of the contract and which vary or contradict any of its terms are not, with certain exceptions, admissible in evidence. This is a general rule and has been upheld by this court. ( Gardiner v. Gardiner, 36 Idaho 664, 214 Pac. 219; Jarrett v. Prosser, 23 Ida. 382, 130 P. 376; Tyson v. Neill, 8 Idaho 603, 70 P. 790; First National Bank v. Bews, 5 Idaho 678, 51 Pac. 777; Stein v. Fogarty, 4 Idaho 702, 43 P. 681.) In saying that such evidence is not admissible, I mean that it will not be admitted when proper and timely objection is made. In the case at bar, objection was not made to the admission of testimony by respondent as to the terms and conditions which it was agreed should be embodied in the contract to be signed, until after such testimony had been given, and respondent, in response to questions of his own as well as appellant's counsel, both on cross-examination and redirect examination, in the absence of any objection whatever, fully testified to all such prior negotiations and agreements. The motion to strike, heretofore referred to, expressly excepted from its contents testimony of "the preliminary negotiations on the written contract." Without determining, therefore, whether the court properly admitted the evidence relating to such prior negotiations in order to permit respondent to show the exact terms of the oral agreement respondent claims was entered into after the signing of the written contract, I am of the opinion that appellant, not having made timely objection, cannot now be heard to complain of the admission of such evidence. ( Walling v. Walling, 36 Idaho 710, 214 P. 218; State v. Baker, 28 Idaho 727, 156 P. 103; Trask v. Boise King Placers Co., 26 Idaho 290, 142 P. 1073.)
The majority opinion, in effect, holds that the evidence relating to preliminary negotiations, even though unobjected to, was inadmissible, and that such evidence was, after it had been admitted, ineffectual to vary the written contract. This seems to be the rule in Massachusetts. ( Butterick Publishing Co. v. Fisher, 203 Mass. 122, 133 Am. St. 283, 89 N.E. 189.) I am not ready to adopt such a rule until the question is properly presented. It was not mentioned in the briefs nor on either of two oral arguments, and is not necessary to a decision of this cause. But disregarding the testimony of respondent with respect to the negotiations preliminary to entering into the written contract, there was sufficient evidence that the parties, after they had signed the contract, orally agreed to disregard the consignment agreement and that appellant would purchase and respondent would sell his crop of apples. This they had a right to do. To corroborate the contention that this was done, there is considerable competent evidence that thereafter appellant quoted to respondent prices for his apples and that respondent delivered his apples in response to offers of appellant to purchase them at prices quoted.
Appellant also contends that because of the insufficiency of the evidence, his motion for a nonsuit renewed at the close of all the evidence, his motion for a directed verdict and his motion for a new trial should have been sustained, the alleged insufficiency of the evidence having been properly specified in each motion. Respondent, by his evidence, sought to establish a contract of sale. Appellant denied the existence of any contract of sale and sought to establish a consignment contract. The evidence of the respective parties supported their contentions. The court submitted these two contradictory contentions to the jury under instructions with respect to which no question was raised. The court and the jury saw the witnesses and heard them testify, and the jury evidently believed the evidence submitted by respondent, for it could not have found a verdict for him on any other hypothesis than that appellant had contracted to buy his apples. And while there may be doubt as to the existence of some of the things about which respondent testified, this court is not in a position to pass upon the credibility of the witnesses. Our province, in considering this assignment is merely to determine if there is substantial evidence to sustain respondent's theory upon which the verdict is based. In overruling appellant's motion, it is evident that the trial court was of the opinion that the evidence was sufficient, and that the verdict should not be set aside upon any of the grounds included in the motions. From the careful examination I have given the record, I am satisfied that there is substantial evidence to sustain the verdict of the jury. On the ground, therefore, of both reason and precedent, this court should not disturb the judgment.

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: why executable file sizes is not same when compiled on different operating systems I wrote program with c program,the executable file sizes is 8KB when compiled on ubuntu18.04,but if compiled the program on ubuntu20.04 ,the executable file sizes is 17KB.
Why is the gap so stark?
    #include <stdio.h>

    int  main() {
      printf("hello world\n");
      return 0;
    }

A: The size of the compiled program will depend on the compiler, compiler and linker options, libraries, startup code and executable file format.
It is very unlikely to be the same even if only one of the above differs.

redpajama_set_name: RedPajamaStackExchange


If you love dogs, then be sure to go see K-9 Day at the J, Sunday, March 31 in Lackawanna County. The event will be at the Scranton JCC from 1 until 5 p.m. and will benefit local dog rescues in our community and programming at the JCC. Enjoy a basket raffle, doggie café, vendors of all kinds, micro-chipping and even adoptions. Admission is $15 at the door and includes a t-shirt and bandana for your pup.
Great music and lots of fun! If that sounds like a good time, check out the Funfest Kickoff Concert, Sunday, March 31 in Luzerne County. The concert will be at Genetti Ballrooms from 2:30 until 5:30 p.m. and will benefit Funfest in Greater Hazleton. The event celebrates the return of the Poets, Northeast Pennsylvania's most famous band. Tickets purchased by March 29 for the show are $15 or $20 at the door.


You are here: Home / useful articles / What are the advantages of using VPN for Torrent?
creating a secure tunnel for you to bypass all the online location restrictions enabling you to appear in your chosen location. Use VPN P2P to browse all sites with just one click.
More secure-The data shared between two devices connected to a network through VPN is encrypted and kept secure, meaning that hackers cannot access the information.
Remote information control-VPN is advantageous to companies as it allows one to access shared information from anywhere, be it at home, in the workplace or any other place. This translates to increased productivity of the workforce.
File sharing- VPN service can facilitate the exchange of both large and small files within a group of devices over a long time.
Anonymous browsing-VPN offers you anonymity appearance online enabling you to access website and applications in the location that you choose. It is more advantageous as compared to web proxies and hide IP software as it gives you complete anonymity.
in countries that have censored internet usage.
Change of IP- VPN Canada gives you the option to choose an IP address. If you want to change your location online to appear as if in a particular country, VPN offers this services comfortably.
Enhanced performance- The efficiency and bandwidth of the network can be enhanced once you start using VPN. Installing VPN will significantly improve your experience online.
Cost reduction- once you start using VPN, the maintenance cost is significantly reduced. More to this, once you choose a service provider, the hassle of network setup and surveillance is not a concern anymore.
What exactly is a Torrent file?
Torrent is one of the formats of BitTorrent files, used by a BitTorrent client. This BitTorrent file extension contains text and bypasses the trackers for a download to start downloading from seeder (the distributors and leachers (the requesting client).
BitTorrent, being a protocol for content distribution, provides for an efficient software distribution and sharing of gigantic files such as TV shows and entire movie series between devices by enabling users to act as the end points of network redistribution. BitTorrent allows users to share the downloaded parts of a torrent file that other users haven't downloaded.
BitTorrent's protocol has been branded as a 'swarming, scatter, and gather' file transfer protocol. It allows one user (seeder) to send a downloaded file to one of requesting customers known as a leach, instead of sending to each and every requesting client. The leach now shares the file with other leaches who stay connected to seed the completed torrent file to other requesting clients (leaches). This becomes possible if all the leaches are following etiquette to seed the torrent file to other leaches.
uTorrent is freeware, Inc., closed source BitTorrent client by BitTorrent. This software was developed to facilitate the downloading of a large amount of files. It is used in the peer-to-peer distribution of a large amount of data.
Torrent makes downloading files very easy but its uTorrent that makes downloading more convenient. This software has an excellent feature that allows you to pose the download in case of link breakdown or in case your computer shut down. The software allows you to resume download from where it was interrupted or paused. This software isn't a Download Manager or a Conventional Download that resumes a download. It uses a different method of downloading file known as Peer-to-Peer File Sharing Method.
How do you configure VPN?
VPN services that perform automatic settings are offered by almost all the big companies.
Install the software then restart your operating system.


text:
Visitors to the museum get a short video introduction and then are asked to sit on one of seven colorful, non-functional toilets lined up against the wall.
Music plays as a user pretends to poop, then a brightly colored souvenir "poop" can be collected from inside the toilet bowl, to be taken home after the tour.
A ceiling-high poop sculpture in the main hall erupts every 30 minutes, spitting out little foam poops.
The "Unstagenic" area of Instagram-worthy installations includes pastel-hued flying poops and a neon sign with the word "poop" written in different languages.
In another room, players use a projection-mapping game like "whack-a-mole" to stamp on and squash the most poops they can. In another game, participants compete to make the biggest "poop" by shouting the word in Japanese, "unko," as loudly as possible.
A soccer video game involves using a controller to "kick" a poop into a goal.
Toshifumi Okuya, a system engineer, was amused to see adults having fun. "It's funny because there are adults running around screaming 'poop, poop,'" he said.
At the end of the tour, visitors get a bag to carry home their souvenir poop. If they want still more, the museum's gift shop abounds with more poop-themed souvenirs.
The museum attracted more than 100,000 visitors in the first month after its opening in March. It will remain open until September.
In this Tuesday, June 18, 2019, photo, a woman jokingly poses with large poop-shaped figurines at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, two women jokingly motion to give a push while sitting on colorful toilet bowls at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, a visitor reaches into a toilet bowl to pick up a toy poop at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Monday, July 1, 2019, photo, a young boy plays a video game at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, a couple shares a light moment while sitting on toilet bowls at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, poop-shaped lights hang in a room at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, a woman watches a clip while waiting to enter the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, a man with a poop-shaped figurine on a stick is seen through a window frame at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Monday, July 1, 2019, photo, a "Do Not Touch" sign in the shape of poop is seen at the Unko Museum in Yokohama, South of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, two women draw on toilet-shaped boards at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, poop-shaped cupcakes are displayed in a room at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Monday, July 1, 2019, photo, a group of children try to catch small toy poops gushing from a giant poop-shaped inflatable at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Monday, July 1, 2019, photo, visitors laugh as they jokingly motion to give a push while sitting on colorful toilet bowls at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
In this Tuesday, June 18, 2019, photo, a message is written on a poop-shaped mirror at the Unko Museum in Yokohama, south of Tokyo. In a country known for its cult of cute, even poop is not an exception. A pop-up exhibition at the Unko Museum in the port city of Yokohama is all about unko, a Japanese word for poop. The poop installations there get their cutest makeovers. They come in the shape of soft cream, or cupcake toppings. Jae C. Hong AP Photo
Watch Hugh Jackman sing 'Happy Birthday' to little fan
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Kansas City looks to follow up a dominant outing by Monday starter Jakob Junis.
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Since when has Palestine become a new home for the Jews, and is not this a great blow to Brighton?
Or that humor too dark?
In an account of the Lechi attack on a carpark bivuac of the British Army in April 1946, I found two remarkable sentences written by Major General Dare Wilson CBE MC, author of Cordon and Search.
officer commanding a squadron of the 6th Airborne Armoured Reconnaissance Regiment. He was promoted to captain on 1 July 1946. He then worked in the headquarters of the 6th Airborne Division. Near the end of the British Mandate, he commanded a company of the 1st Battalion, Parachute Regiment.
It might be explained here that up to this point the stage had not yet been reached when deliberate attacks on British Army personnel were expected. Thus the defence for this guard in the shape of protective sandbag walls around the tents, gunpits for sentries, and a well-defended gate at the entrance had generally not been adopted.
The Lechi had begun its armed anti-British campaign in 1940 until just after Yair's murder in early 1942 and renewed it at the end of 1943. The Irgun commenced its revolt in early 1944. The Hagana and Palmach had been coordinating attacks on the British with the Irgun and Lechi since November 1945. British soldiers had been targeted, shot, wounded and killed.
Now do you know why the British lost the battle?
Last Friday, I was recorded for an interview on the water problems out here in Samaria and specifically Shiloh.
It aired three days ago here.
I learned the German for "settler" is siedler.
I think that they distorted what you said. After you stated that the water infrastructure goes back to the Brit mandatory days, it seems to me that the female narrator translated your words or conveyed your words in a very distorted manner, or she [or the ARD staff] did not intend to translate what you said correctly or incorrectly.
In a five minute clip, with an interview with two other persons, both by the way, pro-Arab, it is difficult to feel that all you said or the gist of what you intended to get across does get to be heard.
The Palestinians should stop being so ideological to argue and help to solve the practical problems.
What I had also told the reporter in that section is that the Arabs refuse to cooperate with environmental issues of pollution, sewage treatment and updating the water pipe infrastructure because no matter what the political resolution, the water has to be preserved and the land has to be protected.
Why don't the Arabs cooperate? Wouldn't coexistence improve chances for peace or at least a lessening of the hostility that exists?
There's also a bit in there previously on how fast we get help. The water exists, even if there are temporary shortages. So, who is at fault, Israel or the slow-responding or non-responding Palestinian Authority? Or their steadfast refusal to work together on a common problem? Non-recognition doesn't help them.
Unfortunately, that message of mine didn't air.
Oh, and by the way, we've been requested to severely restrict water use since last night.
Does Peace Now's Lara Want Dead Jews?
Does Peace Now's Lara Friedman Want Dead Jews?
The Iron Dome system saves lives.
A new system protects against multiple entries from Hezbollah in addition to Hamas.
Most of the money goes to American defense industries and their employees.
What's the question mark for?
What killed the French priest today?
According to the New York Times, it was the "attack".
By the way, "attack" has 6 letters.
"Muslim" also has 6 letters.
Who To Believe? Beinart or Haaretz?
Lawyer Daniel Seidemann says that in his 20 years of handling Jerusalem residency rights cases, he had never heard of a Palestinian from East Jerusalem living in city's Jewish, Western half.
In 2009, Haaretz wrote that east Jerusalem Arabs can buy private/church land in west Jerusalem but complained "Rehavia or Talbieh would in any event be out of the range of most East Jerusalemites' budget." [And then, way down at the end of the 2009 Haaretz article it says,] "Nevertheless, dozens of Palestinian families have moved into Jewish neighborhoods, mainly French Hill and Pisgat Ze'ev [okay, not strictly "West" Jerusalem bu Jewish neighborhoods, nevertheless]. Most are renting, while a few buy apartments without registering them. Lawyers in the field say the law is not always applied, and that if a resident of East Jerusalem were to apply to register the apartment at the ILA [Israel Land Authority], they would not have problems doing so."
Seems that Beinart regurgitated a line from a 2009 article in Electronic intifada.
Seidemann hasn't aged a day in the past 7 years!!!!!
Sarhan Ganayem, an Arab Israeli, has lived in Jerusalem settlements for 12 years, first in French Hill and then in Neve Yaakov.
"Really it's not a matter of ideology," said Rawya Mazal, an Israeli Arab realtor who sells or lets properties to Palestinian families in a nearby settlement at French Hill. "It's about convenience, living close to campus or making an investment."
In the working-class areas of Pisgat Ze'ev and Neve Yaacov to the northeast of Jerusalem's Old City, 1 to 2 percent of residents are now Israeli Arab or Palestinian, figures show.
In 1761, three Jews from Wojslawice and one from Czarnoloz were convicted in a blood libel trial in Krasnystaw; another accused person, the rabbi of Wojslawice, committed suicide in prison.
On 2 August 1756, the Contra-Talmudists submitted a manifesto to the Lwów consistory. Claiming to speak on behalf of similarly believing Jews in other countries, 23 representatives stated that the Talmud is blasphemous and contrary to reason and God's commands. They also demanded a disputation so that they could publicly prove the principles of their faith.
The disputation took place in Kamieniec Podolski from 20 to 28 June 1757. The participants included 19 opponents of the Talmud and 40 rabbis. Frank did not take part in the disputation and it is unclear if he had any influence on the formulation of the theses. Following the disputation, Dembowski issued a verdict in favor of the Frankists. The ecclesiastical court dismissed evidence supplied by the Jewish court of Satanów as slander. It imposed a number of financial penalties on the rabbis, ordered the flogging of Jews responsible for wreaking havoc in Lanckorona, and condemned the Talmud as worthless and corrupt, ordering copies of it to be burned in the city square. The court decided that although Judaism offended the Christian faith and authority, it was for the civil authorities to decide if Jews should be tolerated in the commonwealth. At that point it seemed that Sabbatianism would be legally recognized as a legitimate form of Judaism...Circumstances changed, however, with the sudden death of Bishop Dembowski on 9 November 1757: the sectarians unexpectedly found themselves in a sort of limbo between Judaism and Christianity, lacking support and protection from either side. The burning of copies of the Talmud stopped; the campaign against the heretics was renewed with double force; and many of them fled across the Dniester to Turkey, where they joined Frank.
The charge in 1761 was the ritual murder of a Christian child and the Jewish community of Wiślica, near Krasnytaw, was charged with the responsibility.
Several Jews were arrested, among them the two village Rabbis and secular leaders.
Under torture, some admitted to such crimes as murder, theft of churches and desecration of the Sacred Host. They were sentenced to death and the method was dismemberment while alive.
Offered by the Jesuits the alternative of, if converting to Christianity, that they would be beheaded, four opted to do so. They were baptised, beheaded and then buried after a grand funeral procession through the town led by the local bishop.
One Rabbi committed suicide in jail. His body was tied to the tail of a horse and dragged to the town square. There his body was cremated and his ashes dispersed to all corners.
Do Jews Get to Play? Or, The NBA and "Palestine"
That's the ZOA's Jeff Daube on the far left and Elie Pieprz and his daughter.
The occasion was the 240th anniversary of American independence. It was belated, as Consul-General Daniel A. Blome said, in deference to the Ramadan fast month that ended two weeks ago.
One interesting bit we caught was the CG's words in his speech, at around 6:50, that he was honored that "friends from Gaza" were present. Were they Palestinian Authority officials (I doubt that as officials were mentioned in the first section of his remarks).? Were they NGO officials? Who?
I am not sure that all Gaza-based NGOs have some sort of Hamas affiliation. Hamas is a designated FTO. If I am not mistaken, when Hamas took over in 2007 the consulate was forced to suspend contacts with Gaza even though it is within their consular district. I do not think that is still the case (see this item about "a new $50 million Gaza humanitarian support initiative – Envision Gaza 2020 – provided through the U.S. Agency for International Development (USAID) West Bank and Gaza Mission in partnership with Catholic Relief Services (CRS)...Envision Gaza 2020, will [also] increase employment opportunities through short-term jobs, paid internships, minor capital investments, and job training") but it would be interesting to know why they were unnamed.
And referring to Consulate outreach activities, I did mention to one of the consular staff persons that my particular problem is the seemingly total ignoring of the presence of Jews in Judea and Samaria (I jokingly referred to those areas as the "other Palestine" but I don't think he caught my sardonism) in programs of a social, sports, arts or educational program, event or seminar.
JERUSALEM – Two professional American basketball players from the U.S. National Basketball Association (NBA) are traveling July 13-16 through Jerusalem and the West Bank – a trip made possible by the U.S. Consulate General in Jerusalem. The delegation includes players Kelenna Azubuike and Temeka Johnson, as well as three NBA trainers and administrators, who will run clinics for several hundred Palestinian players and coaches. This trip is part of a "sports diplomacy" initiative to connect Americans and Palestinians through a shared love of sports, in this case the sport of basketball. The Department of State's #SportsUnited program sends American athletes around the world and also brings young international athletes to the United States. The trip is also part of NBA global outreach efforts through the #NBACares program, the league's global social responsibility program that addresses important social issues in the United States and around the world.
A visit to a Jewish community, I am assuming, would be out of the question unlike this one to Shchem in February, although various other officers and officials have been out my way in Shiloh as well as a women's empowerment event. I have been complaining about this situation for years (as here, and here and here in The Hill). I really think it is a major failure of the State Department (to be clear, I am not in any way accusing local staff over the years in this matter of anything irregular). Directives from Washington in this matter simply encourage extremist Arab assumptions: that no Jews will be around in a "Palestine" (and that is quite obvious regarding Gaza) since if the Consulate ignores or excludes Jews resident in Judea and Samaria now, why should we be there later?
Let me make it clear. I am all for sports being used to encourage all peoples to learn the value of rules, that there are limits, that a referee indeed can make a decision that will penalize you, that there are losers and winners. I think Arab youth and coaches, besides the game of basketball, could apply those lessons to other fields of human endeavors.
I just don't see why the Consulate excludes, seemingly, the Jewish residents of Judea and Samaria from its various programs as well as student grant and aid funds. Having Jews and Arabs learn about basketball and play together could be a tremendous assist (pun?) to peace or at least coexistence or at least mutual tolerance. That would be an amazing contribution to peace for it builds up trust, acceptance and non-rejection of the 'other'. Peace cannot be forced. It need be developed.
Peace is not a piece of paper. Peace is actual life and relationships between peoples.
Peter Beinart came to Hebron.
He came to demonstrate against the "occupation".
The real story, however, is here.
- all there while they were singing civil rights songs.
Beinart has now published a 'his side' piece.
the dirty little secret of the American Jewish establishment is that its officials know little about Palestinian life under Israeli control.
I don't think protests like last Friday's will have a direct impact on Israelis. The protests are too American.
I'll never forget last Friday afternoon, when we stood outside the settlement that housed the prison where Rothman-Zecher and five other activists had been detained, and welcomed Shabbat by singing Shalom Aleichem and Lecha Dodi. The soldiers and settlers standing in front of us looked at us like we were mad. The Palestinians standing behind us looked confused too, but a Palestinian boy, smiling broadly, nonetheless ran over to us with cups of water.
last Friday, I vowed to come back next year, for the fiftieth anniversary of Israel's takeover of the West Bank. Instead of 50 Jews, I hope we bring 500. I hope you're one of them.
Denunciation of Nazi persecution of Jews and criticism of the British administration in Palestine were voiced tonight by Vladimir Jabotinsky, president of the World Union of Zionist Revisionists, addressing the opening session last night of the constituent congress of the new Zionist Organization.
The congress, initiated by the Revisionists, right-wing Zionists who split away from the main body, opened in the Vienna Concert Hall in the presence of several thousand youths and 310 delegates from 34 countries.
...Earlier in the day Jabotinsky was the center of a demonostration when he emerged from the Leopoldstadt Synagogue after morning services. An enthusiastic crowd escorted him to his hotel.
In his address tonight he declared that he spoke in the name of 700,000 electors.
The Revisionist leader emphasized the "tragic failure of emancipation" and the growth of anti-Semitism throughout the world. He stressed the need for fighting for Jewish rights.
He scored the British administrative system in Palestine, declaring it is far from being in accordance with the aim of the League of Nations Mandate. He assailed the Palestine government's immigration policy and asserted that the congress will demand unrestricted Jewish immigration into Palestine.
The new organization, Jabotinsky asserted, will seek not only to build Palestine, but to liquidate the Diaspora. Declaring that the aim of the organization is "the high Zionism," he explained that the "high Zionism" does not mean the solution of the Diaspora problem by the mere creation of a model state in Palestine, but by the liquidation of the Diaspora with a return of the Jews to their homeland.
The Jewish State, he declared, is not the end but only the first step, the second being the return of the people, which will be the solution of the Jewish problem. The third step, he said, will be the final one and will aim at the creation of a national center of culture, radiating its influence all over the world.
Jabotinsky pointed out that without a land reserve, without Transjordan, it would be impossible to create agricultural settlements. At present, he said, Palestine's production consists chiefly of building, but the problem of how the people living in these houses can earn a livelihood remains unsolved.
The Revisionist leader urged education under religious influence and the settlement of labor disputes by courts instead of by strikes.
I was all excited for 5 seconds.
Again, not my Shiloh out here in the hills of Efraim, in the Benjamin Region.
A bill that would expand the reach of Shiloh National Military Park is one step closer to becoming law after it passed through the Senate Energy and Natural Resources Committee Wednesday.
Sen. Lamar Alexander is a committee member and is the author of the Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act.
"Preserving and protecting these sites will allow future generations to learn their history by walking these fields," Alexander said in a released statement. "Learning from the past helps us become better Americans in the future, and these sites will also provide an opportunity to attract more visitors to Tennessee and strengthen the local economies."
...The bill must be considered by the full Senate before it can be signed into law.
But if come out to my Shiloh, and visit our community and tour our archaeological park, you, too will learn history, appreciate your future and ... expand your minds.
Archaeologists excavating in the heart of ancient Jerusalem have begun to uncover the neighborhood that housed the elite 2,000 years ago – most probably the priestly ruling class.One of the houses had its own cistern, a mikveh (a Jewish ritual bathing pool), a barrel-vaulted ceiling and a chamber with three bread ovens.
Oh, the ones who conducted the Temple service.
See how easy it is to counter Temple-Denial.
Denial by the Mufti of Jerusalem, the cleric in charge of the Al-Aqsa Mosque, Sheikh Muhammad Ahmad Hussein.
On Symbols Or, Which Jew Is Holding that Rifle?
"Jewish groups have the audacity to Judaize Al-Aqsa Mosque"
Now where did I hear that previously?
Ah, to be a child having "fun" in Gaza.
Ezzedeen Al Qassam Brigades launches on Saturday its annual summer training camps in Gaza for over 30,000 middle and high school students.The Brigades said that its summer training camps, Talae Al Tahrir (Vanguards of Liberation) provide the Palestinian youngsters with athletic games, scouts activities, as well as providing religion classes.We prepare the Palestinian generations so they will be fully prepared for defending Palestinian soil and the Palestinian people. The brigades added.
The things, the really odd and nonsensical things, one can find.
Like here, where Muslims discuss the Even Shtiyah, the Foundation Stone, over which the Dome of the Rock was built.
Gen. Salah al-Din Isfahani describes the Dome of the Rock after the liberation [of Jerusalem]: "The rock was where the Crusaders had built for themselves a church and an altar."
Since the word altar in the Islamic religion linked to the slaughter of sacrifice, some had thought that the rock above the altar was used for offerings and the aperture used to drain blood spills....[But] no Crusader traveler said that there was a real process of slaughter and disposal of blood through the opening to the cave.
But Jews did slaughter to the north of the altars of the First and Second Temples and then brought the animal parts to be burned on those altars.
What are the locations of the sacrifices? Kodshai Kodashim [sacrifices of the highest degree of sanctity]. They may be slaughtered only on the north-west corner of the altar, and consumed only within the Temple compound by male priests, or burnt entirely] are slaughtered on the north [side of the altar]. [The] bull and [the] goat of Yom Kippur are slaughtered on the north [side of the altar] and their blood is collected in a consecrated vessel on the north [side of the altar]. ..
Do not Jews deserve a mention, even a passing mention?
Self-determination is a sacrosanct principle of national freedom.
Jews demanded self-determination as did the Arabs of the Mandate of Palestine.
By 1920, the League of Nations had affirmed the applicability of the right to self-determination to the people of Palestine and decided to establish a temporary Mandatory system to facilitate Palestine's independence in accordance with Article 22 of its Covenant. Article 22 stated that "[c]ertain communities formerly belonging to the Turkish empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory...The United Nations has affirmed this right since at least 1974. When the UN recognized the Palestine Liberation Organization (PLO) as the representative of the Palestinian people and granted it observer status, it explicitly recognized that Palestinians constitute a people entitled to self-determination. Numerous General Assembly Resolutions have affirmed this right as particularly applicable to the Palestinian people, including Resolutions 2535 (10 Dec. 1969); 2649 (30 Nov 1970); 3236 (22 Nov 1974); 43/177 (15 Dec. 1988); and 48/94 (20 Dec. 1993). Of particular note is Resolution 3236, which reaffirms and specifies the inalienable rights of Palestinian people in Palestine as including: a) the right to self-determination without external interference;..."
A pseudo-academic treatment is here.
Arabs are relegated to a group of citizens who are defined as non-Jews. They have full personal, civic and human rights and liberties, and those must be assured. But the dominant political national character of the country is Jewish. The entire rest of the Middle East was to be and has become Arab and, actually, Muslim Arab as increasing persecution of Christians are severely reducing their numbers throughout the area. Those outside the Mandate, other than Jews, are foreign. Non-Jews are to be awarded local autonomy if they disagree with the Jewish character of the country, it could be inferred.
Self-determination can be a dangerous theory.
1. Wir fordern den Zusammenschluß aller Deutschen auf Grund des Selbstbestimmungsrechtes der Völker zu einem Groß-Deutschland.
To be clear, those Germans were the members of the National Socialist German Workers' Party and the principles were composed by Adolf Hitler and Anton Drexler and presented on 24 February 1920 "to a crowd of almost two thousand and every single point was accepted amid jubilant approval." (Mein Kampf, Volume II, Chapter I).
Arabs have some two-dozen countries where they can realize self-determination.
They do not have the right to deny Jews our right of self-determination.
Shiloh; Bank; But Not "West Bank"
Did You Know General Grant Visited Jerusalem?
"Palestine" Was a Separate Entity?


text:
Maine – South Berwick: Cows to Classic Architecture
Posted byTraveling Toni July 23, 2020 July 17, 2020 Posted inUncategorizedTags:Architecture, Garden, Sarah Orne Jewett
The tall, straight white pines of southern Maine's forests caught the attention of seamen and the area became the prime source for masts on sailing ships that were plying the waters around the world. The Salmon Falls River, which got its name from the abundant salmon leaping the falls during spawning season, provided transportation for the forests of harvested pines that were moved along its route to the Piscataqua River and on to Portsmouth, New Hampshire. Instead of transporting enormous logs, the river is now the energy source for the Salmon Falls Hydro Station that provides power to homes and businesses in the area.
Legend has it that the machinery for what would become the first saw mill in the nation was unloaded in South Berwick from the Pied Cow in 1634…not exactly an auspicious name for a ship, but she must have been seaworthy because on an earlier visit that year she had brought the first cows to the East Coast, thus leaving Cow Cove named as a lasting tribute to her contributions. As with the rest of Maine, South Berwick suffered through the turbulent years of French, Indian and English embattlement, but it eventually became a bustling place filled with ship builders, wharves, warehouses, chandlers, mills and merchants.
Homes began to be built after the sawmill was in operation and the mill grew…its labor force enhanced by Scottish prisoners captured by Oliver Cromwell's forces. Indian raids in the later 1600s depleted the population, but by the early 1700s things stabilized enough that settlers returned and the town started growing again. Berwick Academy was founded in 1791 to provide a classical education, and it is the oldest secondary school in the state. The Fogg Memorial Building was built in 1894 to replaced the previous academy building that had been destroyed by fire. The surrounding landscape was designed by Frederick Law Olmsted. Over the years, the institution has maintained a fine reputation, and today, the Academy has over five hundred day and boarding pupils in grades pre-K through 12th with students coming primarily from Maine, New Hampshire and Massachusetts.
My first visit to South Berwick came three years ago when Don and I joined Historic New England, an organization dedicated to the preservation of early New England history and architecture. We spent that summer driving back and forth across five states to visit their thirty-eight historic homes…two of which are located in South Berwick. Most of the photos of the two homes in this piece come from that visit since the houses themselves are currently closed due to COVID-19, although the gardens are open to visitors.
American author, Sarah Orne Jewett (1849-1909), was born in 1849 in her grandparent's circa 1774 home (right photo) and grew up in the house her parents built next door on the same property in 1854.
The houses were in the heart of town, so she had ample opportunity to observe people as they came and went from the shops across Main Street and as they gathered for events at the Odd Fellows Building on the other side of Portland Street (right photo).
Her father was a doctor and she often rode with him in his horse-drawn buggy down Maine's narrow country roads to remote farmhouses or coastal cottages. While he examined his patient, helped birth a baby or closed the eyes of those he couldn't save, Sarah sat in the kitchen with the patient's family and listened to their conversation.
She lived in her family home for the rest of her life and the town continued to evolve around her. She stored those early impressions, her ongoing observations and lingering fragments of conversation until she began pouring them into her writing. You may want to read The Country of the Pointed Firs in preparation for a trip to Maine…but to see Jewett's Maine, you will want to visit places like South Berwick and other more remote communities miles away from the busy tourist towns.
On a visit to South Berwick, it is easy to look at the old facades of the local stores and imagine what they would have looked like with pedestrians peering into shop windows while horse-drawn wagons lumbered past. You might want to leave your car parked and walk a few blocks to look at the homes and gardens that populate the quiet streets. Many of the people living behind those doors and windows speak in the distinctly Maine dialect Jewett's characters use…words and inflections that are still spoken when locals talk to each other about the weather, their maladies and the neighbors…timeless topics that, in the hands of a great writer, make good stories. Jewett's writing exposes a private Maine that the tourist or new arrival may catch a glimpse of, but they will never be around long enough for them or their children to be anything but "from away."
Last summer we learned how restrictive this term can be. While we were dining in a restaurant on a popular and remote island, our server told us that at her wedding her new husband's family criticized him for marrying a girl "from away." Our server had grown up just across the bridge on the other side of the waterway and her family had been living there in Maine for generations.
Jewett's home may have been built in classic Georgian style, but she did not feel compelled to keep every room furnished in that period. We were surprised and delighted by the very avangard Arts and Crafts wallpaper she hung in the entry and the stunning William Morris carpet on the steps and landing of the handsome wide staircase.
The parlor and dining room were more in keeping with traditional 18th and 19th century décor.
She positioned her grandfather's desk on the second floor stairway landing and did the majority of her writing in this space. From the window alcove above the house's front door she had a constant view of the locals' comings and goings.
The South Berwick of Jewett's youth was a busy place with mills, lumber, shipping and commerce but the Civil War changed that. Maine lost more men per capita in the fighting during the war than any other state. Without Southern cotton, once successful mills across the state closed, and formerly bustling sea ports became near-silent specters. Large New England cities became heavily industrialized to meet war demands and society had changed as well in its aftermath. The Colonial Revival movement gave those with nostalgia for earlier times an opportunity to recreate this environment for themselves by restoring Colonial homes and gardens.
Jewett watched her precious Berwick change and was especially alarmed when the Hamilton House, a Georgian mansion built in 1785 by Col. Jonathan Hamilton, reached a serious state of disrepair.
Hamilton was a Berwick native who had made his fortune as a privateer during the Revolutionary War. In 1777, he bought an existing wharf and buildings, and then built a magnificent home situated on a rise above the Salmon River. The property changed hands in 1839 when it was purchased by a farm family who worked the land (around 300 acres of forest and farm) until the end of the century when agriculture suffered and no longer provided a viable source of income. (The source for the information on the Jewett and Hamilton properties came from our tour and the Historic New England website.)
By this time the house had fallen into disrepair. Jewett loved the house and had even used it as a setting in her novels, The Tory Lover. Rather than have the house fall into the wrong hands, she convinced her Bostonian friend Emily Tyson and her stepdaughter, Elise, to restore the house. They purchased the property in 1898 and hired Herbert Browne of Little and Browne (Boston) to oversee the project. The Tysons also had a garden laid out at the east side of the house and murals painted in the parlor and dining room, and as a final touch, they had a charming cottage built on the far side of the garden. Historic New England has an extensive collection of photos taken of the restoration by Elise Tyson, who was an accomplished amateur photographer.
The home is so beautiful that these photos speak for themselves…the entry hall and dining room:
Parlor and dining room murals:
Upstairs:
Glimpses of the Garden:
The Cottage and its garden…
Cottage interior with paneling from a less fortunate Colonial home in New Hampshire…
After her stepmother's death in 1922, Elise Tyson Vaughan and her husband Henry Vaughan were encouraged by William Sumner Appleton, the founder of Historic New England (HNE), to keep the house. Elise summered in the home until her death in 1949 at which point it was transferred to HNE to be maintained as one of their properties. She also bequeathed 160 acres of land to the state of maine to be kept in its natural state. That land became Vaughan Woods State Park, a glorious forest of towering hundred-year-old pines with almost four miles of easy to moderate hiking trails.
Back down the road at Salmon River Falls, the Counting House Museum is well worth exploring when it is able to reopen. We were advised by museum staff that the new feature exhibit will be about Scottish settlement in the area.
On an earlier visit to the museum, we learned the story of Mehitable Goodwin who was captured along with her husband, brother and his family during an Indian raid in 1675. One day earlier, her father and two of her brothers had been slain by the attackers when they attempted to bury neighbors who had been killed in the raid. The captives were forced to march at a fast pace (with the British at their heels) to Quebec where they were assigned as servants in Canadian homes. After five years, the captives were ransomed and Goodwin was reunited with her husband. They resettled in Old Fields (South Berwick) and she was buried years later in the cemetery there when she died.
Despite a somewhat sleepy appearance, we found South Berwick rich in history and well worth a visit. The Hamilton House has reopened for scheduled tours on weekends (call Historic New England to book an appointment) The house, gardens and river setting make it well worth the drive.
I've listed two books below for suggested reading. Louise Dickinson Rich's writing is both informative and entertaining. She offers a Mainer's perspective on the state's history and writes in a fresh and lively style. Sarah Orne Jewett's characters speak in regional dialect, but the issues they discuss are still timely. Jewett is also viewed as an early feminist writer…although strong women were easy to find in Maine communities where occupations like lumbering and seafaring took a toll on the male population, which was also seriously depleted by the Civil War. Both writers are entertaining and perceptive and they provide distinctive and appealing introductions to Maine.
Recommended Resources:
State O'Maine by Louise Dickinson Rich, New York: Harper & Row, 1964. Her love and passion for Maine and her lively writing style make this historic account of the state a page-turner that I couldn't put down.
The Country of the Pointed Firs and Other Stories by Sarah Orne Jewett, edited by Mary Ellen Chase with an introduction by Marjorie Pryse. New York: W.W. Norton, 1981. Certainly many fine versions of Jewett's work have been published over the years, but I particularly liked Marjorie Pryse's introduction. Historic New England – Anyone planning a visit to New England should look into this organization and consider purchasing a membership. For a moderate cost, their roster of thirty-plus homes is available to tour for no additional charge and their website and library are exceptional resources.
Maine – Ogunquit: "Beautiful Place By the Sea"
Maine – Kittery: Fishing War to Flowers


text:
School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns
Kai A. Schafft, Catharine Biddle
Education Policy Studies
Social Science Research Institute (SSRI)
Innovations associated with gas and oil drilling technology, including new hydraulic fracturing and horizontal drilling techniques, have recently led to dramatic boomtown development in many rural areas that have endured extended periods of economic decline. The Marcellus Shale play, one of the world's largest gas-bearing shale formations, lies beneath approximately two-thirds of Pennsylvania, including some of the state's most economically lagging rural areas. Spurred by a state-level policy environment favorable to unconventional gas extraction, drilling activity in the last five years has rapidly increased, often with profound social, economic, and environmental implications for communities. In this paper we use schooling as a particular analytic lens for understanding the dynamics of natural resource boomtown development, community change, and how these changes may affect educational and instructional decision making. Using data from interviews and focus groups with educators and administrators in Pennsylvania communities experiencing intensive natural gas development, we discuss the multiple organizational, curricular, and educational dilemmas school leaders face in the context of both rapid, unpredictable community change, and an educational policy environment unfavorable to place-sensitive educational responses to local change.
Peabody Journal of Education
https://doi.org/10.1080/0161956X.2014.956567
10.1080/0161956X.2014.956567
Dive into the research topics of 'School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns'. Together they form a unique fingerprint.
Hydraulic Fracking Medicine & Life Sciences 100%
Natural Gas Medicine & Life Sciences 42%
leadership Social Sciences 33%
rural area Social Sciences 28%
Gases Medicine & Life Sciences 21%
Economics Medicine & Life Sciences 20%
Natural Resources Medicine & Life Sciences 19%
educational policy Social Sciences 16%
Schafft, K. A., & Biddle, C. (2014). School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns. Peabody Journal of Education, 89(5), 670-682. https://doi.org/10.1080/0161956X.2014.956567
Schafft, Kai A. ; Biddle, Catharine. / School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns. In: Peabody Journal of Education. 2014 ; Vol. 89, No. 5. pp. 670-682.
@article{3b5366ac30b04b8c84e0cba9552e66a5,
title = "School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns",
abstract = "Innovations associated with gas and oil drilling technology, including new hydraulic fracturing and horizontal drilling techniques, have recently led to dramatic boomtown development in many rural areas that have endured extended periods of economic decline. The Marcellus Shale play, one of the world's largest gas-bearing shale formations, lies beneath approximately two-thirds of Pennsylvania, including some of the state's most economically lagging rural areas. Spurred by a state-level policy environment favorable to unconventional gas extraction, drilling activity in the last five years has rapidly increased, often with profound social, economic, and environmental implications for communities. In this paper we use schooling as a particular analytic lens for understanding the dynamics of natural resource boomtown development, community change, and how these changes may affect educational and instructional decision making. Using data from interviews and focus groups with educators and administrators in Pennsylvania communities experiencing intensive natural gas development, we discuss the multiple organizational, curricular, and educational dilemmas school leaders face in the context of both rapid, unpredictable community change, and an educational policy environment unfavorable to place-sensitive educational responses to local change.",
author = "Schafft, {Kai A.} and Catharine Biddle",
note = "Funding Information: We gratefully acknowledge the contributions of Brandn Green, Yetkin Borlu, and Leland Glenna to this work, which was funded in part through support from the Center for Rural Pennsylvania, as well as Penn State{\textquoteright}s Marcellus Center for Outreach and Research, and the Children, Youth & Families Consortium. Publisher Copyright: {\textcopyright} 2014, Taylor & Francis Group, LLC.",
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Schafft, KA & Biddle, C 2014, 'School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns', Peabody Journal of Education, vol. 89, no. 5, pp. 670-682. https://doi.org/10.1080/0161956X.2014.956567
School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns. / Schafft, Kai A.; Biddle, Catharine.
In: Peabody Journal of Education, Vol. 89, No. 5, 13.10.2014, p. 670-682.
T1 - School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns
AU - Schafft, Kai A.
AU - Biddle, Catharine
N1 - Funding Information: We gratefully acknowledge the contributions of Brandn Green, Yetkin Borlu, and Leland Glenna to this work, which was funded in part through support from the Center for Rural Pennsylvania, as well as Penn State's Marcellus Center for Outreach and Research, and the Children, Youth & Families Consortium. Publisher Copyright: © 2014, Taylor & Francis Group, LLC.
N2 - Innovations associated with gas and oil drilling technology, including new hydraulic fracturing and horizontal drilling techniques, have recently led to dramatic boomtown development in many rural areas that have endured extended periods of economic decline. The Marcellus Shale play, one of the world's largest gas-bearing shale formations, lies beneath approximately two-thirds of Pennsylvania, including some of the state's most economically lagging rural areas. Spurred by a state-level policy environment favorable to unconventional gas extraction, drilling activity in the last five years has rapidly increased, often with profound social, economic, and environmental implications for communities. In this paper we use schooling as a particular analytic lens for understanding the dynamics of natural resource boomtown development, community change, and how these changes may affect educational and instructional decision making. Using data from interviews and focus groups with educators and administrators in Pennsylvania communities experiencing intensive natural gas development, we discuss the multiple organizational, curricular, and educational dilemmas school leaders face in the context of both rapid, unpredictable community change, and an educational policy environment unfavorable to place-sensitive educational responses to local change.
AB - Innovations associated with gas and oil drilling technology, including new hydraulic fracturing and horizontal drilling techniques, have recently led to dramatic boomtown development in many rural areas that have endured extended periods of economic decline. The Marcellus Shale play, one of the world's largest gas-bearing shale formations, lies beneath approximately two-thirds of Pennsylvania, including some of the state's most economically lagging rural areas. Spurred by a state-level policy environment favorable to unconventional gas extraction, drilling activity in the last five years has rapidly increased, often with profound social, economic, and environmental implications for communities. In this paper we use schooling as a particular analytic lens for understanding the dynamics of natural resource boomtown development, community change, and how these changes may affect educational and instructional decision making. Using data from interviews and focus groups with educators and administrators in Pennsylvania communities experiencing intensive natural gas development, we discuss the multiple organizational, curricular, and educational dilemmas school leaders face in the context of both rapid, unpredictable community change, and an educational policy environment unfavorable to place-sensitive educational responses to local change.
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DO - 10.1080/0161956X.2014.956567
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Schafft KA, Biddle C. School and Community Impacts of Hydraulic Fracturing Within Pennsylvania's Marcellus Shale Region, and the Dilemmas of Educational Leadership in Gasfield Boomtowns. Peabody Journal of Education. 2014 Oct 13;89(5):670-682. doi: 10.1080/0161956X.2014.956567


text:
Viacheslav Kravtsov to Foshan Long Lions
The Foshan Long Lions from China's CBA has landed the services of Ukrainian big man Viacheslav Kravtsov (211 cm) and he will reinforce the team's frontcourt this 2014-15 season. Viacheslav has been a member of the Ukrainian national team since 2006 and recently represented his country at the recent FIBA World Cup 2014. His NBA career ended in 2013-14 and quite uneventfully at that. He began the season with the Detroit Pistons, but during the pre-season Kravtsov was traded to the Milwaukee Bucks when the Pistons made a play for Brandon Jennings. Soon after, the center was shipped off to the Phoenix Suns where he was barely utilized. He played 19 games but averaged just 1.1 ppg. He was waived in March 2014.
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text:
NewsCovering Kern County
Sentencing for Sabrina Limon pushed back to Feb. 21, attorney to file for new trial
Limon found guilty of husband's murder in October
In October she was convicted of murder in the death of her husband Robert Limon.
By: Natalie Tarangioli
UPDATE (9:19 a.m.): The sentencing for Sabrina Limon has been pushed back to Feb. 21.
In court on Monday morning, a judge decided to push back Limon's sentencing and ruled that a motion for a new trial will be heard on the same date.
Sabrina Limon's attorney says they will file for a new trial on Feb. 6.
A motion was filed this week to continue the hearing for the woman found guilty last year of her husband's 2014 murder.
There is a motion to move Sabrina Limon's sentencing from February 16. The court is expected to rule on that on Monday, January 29. The motion is seeking a hearing to discuss a possible new trial for Limon.
RELATED: Court documents show Sabrina Limon was mastermind of husband Robert's death
In October, Limon was found guilty of murdering her husband, Robert Limon.
RELATED: Sabrina Limon charged in husband's death, just days before lover Jonathan Hearn's trial to begin
Limon was expected to be sentenced in November but the hearing was pushed back to February.
Limon's lover, Jonathan Hearn, who also shot and killed Robert Limon, took a plea deal in return for his testimony against Sabrina Limon. Hearn was sentenced to more than 25 years in prison.
RELATED: Documents provide Jonathan Hearn's account of attempt to poison Robert Limon


text:
package org.ogcs.log.serlvet;

import com.alibaba.fastjson.JSON;
import io.netty.buffer.ByteBuf;
import io.netty.buffer.Unpooled;
import io.netty.handler.codec.http.DefaultFullHttpResponse;
import io.netty.handler.codec.http.HttpResponse;
import io.netty.handler.codec.http.HttpResponseStatus;
import io.netty.handler.codec.http.HttpVersion;

import java.util.HashMap;
import java.util.Map;

/**
 * 内置response用于返回页面json信息
 * @author TinyZ
 * @date 2016-09-17.
 */
public abstract class AbstractApiServlet implements ApiServlet {

    public HttpResponse response(final int state) {
        return response(state, null);
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    public HttpResponse response(final int state, final Object data) {
        return response(new HashMap<String, Object>() {{
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            if (data != null)
                put("data", data);
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    public HttpResponse response(Map<String, Object> params) {
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    public HttpResponse response(String json) {
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    public HttpResponse response(ByteBuf byteBuf) {
        return response(HttpVersion.HTTP_1_1, HttpResponseStatus.OK, byteBuf);
    }

    public HttpResponse response(HttpVersion httpVersion, HttpResponseStatus status) {
        return new DefaultFullHttpResponse(httpVersion, status);
    }

    public HttpResponse response(HttpVersion httpVersion, HttpResponseStatus status, ByteBuf byteBuf) {
        return new DefaultFullHttpResponse(httpVersion, status, byteBuf);
    }

}

redpajama_set_name: RedPajamaGithub


text:
Angelo Tofalo (né le  à Salerne) est un homme politique italien.

Biographie

En 2013, il est élu député de la circonscription Campanie 2 pour le Mouvement 5 étoiles.

Notes et références

Liens externes

Naissance à Salerne
Naissance en avril 1981
Député de la dix-septième législature de la République italienne
Député de la dix-huitième législature de la République italienne

redpajama_set_name: RedPajamaWikipedia