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History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]
August 1842 Page 1362 1 August 1842 • Monday Page 1362 3 August 1842 • Wednesday Page 1362 4 August 1842 • Thursday Page 1362 5 August 1842 • Friday Page 1362 6 August 1842 • Saturday Page 1362 7 August 1842 • Sunday Page 1363 8 August 1841 • Monday Page 1363 9 August 1842 • Tuesday Page 1364 10 August 1842 • Wednesday Page 1364 11 August 1842 • Thursday Page 1364 12 August 1842 • Friday Page 1365 13 August 1842 • Saturday Page 1365 14 August 1842 • Sunday Page 1366 15 August 1842 • Monday Page 1368 16 August 1842 • Tuesday Page 1369 17 August 1842 • Wednesday Page 1376 19 August 1842 • Friday Page 1378 20 August 1842 • Saturday Page 1379 21 August 1842 • Sunday Page 1380 22 August 1842 • Tuesday Page 1381 24 August 1842 • Wednesday Page 1384 26 August 1842 • Friday Page 1385 27 August 1842 • Saturday Page 1385 Addenda • 27 August 1842 Page 3 [addenda] 28 August 1842 • Sunday Page 1387 29 August 1842 • Monday Page 1387 30 August 1842 • Tuesday Page 1389 Addenda • 31 August 1842 Page 2 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June 1843 • Thursday Page 1590 30 June 1843 • Friday Page 1592 1 July 1843 • Saturday Page 1602
JS, History, 1838–1856, vol. D-1, created 4 July 1845–4 Feb. 1846 and 1 July 1854–2 May 1855; handwriting of
Thomas Bullock
23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...
, Robert L. Campbell, and
Leo Hawkins
19 July 1834–28 May 1859. Clerk, reporter. Born in London. Son of Samuel Harris Hawkins and Charlotte Savage. Baptized into Church of Jesus Christ of Latter-day Saints by John Banks, 23 Oct. 1848. Immigrated to U.S. with his family; arrived in New Orleans...
; 275 pages, plus 6 pages of addenda; CHL. This is the fourth volume of a six-volume manuscript history of the church. This fourth volume covers the period from 1 Aug. 1842 to 1 July 1843; the remaining five volumes, labeled A-1, B-1, C-1, E-1 and F-1, continue through 8 Aug. 1844.
History, 1838–1856, volume D-1, constitutes the fourth of six volumes documenting the life of Joseph Smith and the early years of the Church of Jesus Christ of Latter-day Saints. The series is also known as the Manuscript History of the Church and was originally published serially from 1842 to 1846 and 1851 to 1858 as the "History of Joseph Smith" in the Times and Seasons and Deseret News. This volume contains JS's history from 1 August 1842 to 1 July 1843, and it was compiled after JS's death.
The material recorded in volume D-1 was initially compiled under the direction of church historian
Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
, with the assistance of
. After Richards's death in 1854,
George A. Smith
26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...
continued work on the volume as the new church historian with Bullock's continued help. The process adopted by Richards and Bullock involved Richards creating a set of rough draft notes and Bullock transcribing the notes into the volume along with the text of designated documents (such as letters and meeting minutes). George A. Smith followed a similar pattern, though he dictated the draft notes to Bullock and other scribes.
According to the Church Historian's Office journal,
finished the third volume of the series, volume C-1, on Thursday, 3 July 1845, in
Nauvoo
Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....
, Illinois. He began work on the fourth volume, D-1, the next day, beginning on page 1362 with the entry for 1 August 1842.
Historian's Office, Journal, 3 and 4 July 1845.
(The pages in volumes A-1–E-1 were numbered consecutively.) Bullock continued work on the record, drawing upon
's draft notes, until 3 February 1846—the day before D-1 and the other volumes were packed up in preparation for the Latter-day Saints' exodus from Nauvoo. At that point he had reached page 1485 with the entry for 28 February 1843. Subsequently, apparently after the collection had arrived in Utah, Bullock added a brief comment beneath that entry: "end of W. Richard's compiling[.] the books packed Feby. 4— 1846 in Nauvoo[.] Miles Romney— present. The records carried by T Bullock from Winter Quarters to G S L [Great Salt Lake] City in 1848."
A notation at the top of page 1486 reports that "the books were unpacked in G. S. L. City by
. June 7. 1853. J[onathan] Grimshaw & Miles Romney present." Vertically, in the margin, is a poignant epitaph: "Decr. 1 1853 Dr. Willard Richards wrote one line of History—being sick at the time—and was never able to do any more." With Richards's death on 11 March 1854, JS's cousin
was called to the office of church historian. The notation on the top of page 1486 acknowledges this change in officers, noting, "commencement of George A. Smith's compiling as Historian. April 13. 1854[.] [C]ommenced copying July 1. 1854." From mid-April to the end of June 1854, George A. Smith, in collaboration with Thomas Bullock, worked on the draft notes for the history before a new scribe,
, resumed writing in D-1 on 1 July 1854, beginning with the entry for 1 March 1843.
Historian's Office, Journal, 1 July 1854.
continued transcribing intermittently into the late fall of 1854, when he was assigned other duties in the Historian's Office. He had reached page 1546 with the entry for 5 May 1843. Work resumed in February 1855 in the hand of Robert L. Campbell, recently returned from a mission. He concluded volume D-1 on the morning of 2 May 1855 and began writing in E-1 that afternoon.
Historian's Office, Journal, 2 May 1855.
The 274 pages of volume D-1 contain a record of much that is significant in the life of JS and the development of the church he founded. Among these events are
• JS's 6 August 1842 prophecy that the Saints would become a mighty people in the midst of the Rocky Mountains.
•JS's 8 August 1842 arrest on a warrant for being "an accessory before the fact" to an attack on former
Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...
Lilburn W. Boggs
14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...
10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...
's 17 August 1842 letter to
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
Thomas Carlin
18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...
, pleading for the humane treatment of her husband and family.
•JS's 1 and 6 September 1842 instructions regarding the proper procedures for performing baptisms for the dead.
• JS's 15 November 1842 "Valedictory" as he stepped down as editor of the Times and Seasons.
• The 26 December 1842 arrest of JS on a "proclamation" by former
, and subsequent hearing in
Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...
, Illinois.
• The 7 February 1843 recovery of a volume of patriarchal blessings given by
Joseph Smith Sr.
12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...
, which had been stolen in
Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...
, Missouri.
• JS's 21 February 1843 remarks regarding the
Nauvoo House
Located in lower portion of Nauvoo (the flats) along bank of Mississippi River. JS revelation, dated 19 Jan. 1841, instructed Saints to build boardinghouse for travelers and immigrants. Construction of planned three-story building to be funded by fifty-dollar...
Located in portion of Nauvoo known as the bluff. JS revelation dated Jan. 1841 commanded Saints to build temple and hotel (Nauvoo House). Cornerstone laid, 6 Apr. 1841. Saints volunteered labor, money, and other resources for temple construction. Construction...
• JS's 2 April 1843 instruction at
Area settled, 1826. Founded by Latter-day Saints, 1839–1840, following exodus from Missouri. Town platted, Aug. 1840. Post office established, Sept. 1840. Incorporated as Macedonia, Mar. 1843. Renamed Webster, 23 July 1847. Population in 1845 about 380. Crooked...
, Illinois, on the nature of God and other subjects.
• JS's 16 May 1843 remarks at
, Illinois, on the everlasting covenant and eternal marriage.
• The account of JS's 23 June 1843 arrest and his habeas corpus hearing the following week at
Hide editing marks
<June 8>
In the afternoon rode out on horseback called on
Willa<rd> Richards
, who was at work in his garden, asked him who gave him leave to occupy that Lot? he answered "Your Honor," when I replied you are perfectly welcome to it so far as I am concerned; then continued my journey to the Prairie.
9 June 1843 • Friday
See 9 June 1843 entry in History Draft.
JS, Journal, 9 June 1843, in JSP, J3:31; Clayton, Journal, 9 June 1843.
Comprehensive Works Cited
JSP, J3 / Hedges, Andrew H., Alex D. Smith, and Brent M. Rogers, eds. Journals, Volume 3: May 1843–June 1844. Vol. 3 of the Journals series of The Joseph Smith Papers, edited by Ronald K. Esplin and Matthew J. Grow. Salt Lake City: Church Historian's Press, 2015.
Clayton, William. Journals, 1842–1845. CHL.
<9> Rode out to shew Mr [Benjamin] Lewis some lots in the
Continued most of the day with
, who was very sick.
10 June 1843 • Saturday
See 10 June 1843 entry in History Draft.
JS, Journal, 10 June 1843, in JSP, J3:31.
<10> At home brothers Livingston and Goodrich from Peterboro New Hampshire visit<ed> me, about establishing a Cotton Factory in
Nauvoo City Council Minute Book, 10 June 1843, 180–182.
Nauvoo City Council Minute Book / Nauvoo City Council. "A Record of the Proceedings of the City Council of the City of Nauvoo Handcock County, State of Illinois, Commencing A.D. 1841," ca. 1841–1845. CHL. MS 3435.
City Council met and passed "An ordinance to regulate the rates of Toll at the Ferry in the City of
" which is published in the Neighbor.
Several petitions were presented to repeal the Hog Law which were rejected. [HC 5:421]
<The Court Martial ordered an arsenal to be built in the City of
for the security of the public arms, and also ordered Brig. Gen.
C[harles] C. Rich
21 Aug. 1809–17 Nov. 1883. Schoolteacher, farmer, cooper. Born in Campbell Co., Kentucky. Son of Joseph Rich and Nancy O'Neal. Moved to Posey Township, Dearborn Co., Indiana, ca. 1810. Moved to Tazewell Co., Illinois, 1829. Baptized into Church of Jesus Christ...
to organize the second battalion 1st. Reg. 2nd. Cohort, into a Regiment of Light Infantry, to be the 5th. Regiment 2nd. Cohort>
Insertion in handwriting of Thomas Bullock.
To shew the wickedness and rascality of
John C. Bennett
3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...
and the corrupt conspiracy formed against me in
, I insert the following under date of the letter
Samuel C. Owens, Independence, MO, to Thomas Ford, Springfield, IL, 10 June 1843, in JS, Office Papers, CHL.
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Latter-day Saint population...
Mo June 10th. 1843. To his Excellency
Gov [Thomas] Ford
5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...
. Sir. For the last three months I have been corresponding with Doct.
relative to one certain Jo Smith Mormon prophet &c. of your
. In several of
Doct. Bennett
s letters to me, he informs me that my name is known to you, taking this for granted, authorizes me without hesitation to write you fully upon a subject, that the people of this part of our
feel themselves vitally interested.
At the last term of the Circuit Court of
Davies County
Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...
an indictment was found by the grand Jury of said
against Joseph Smith for treason against this
, the necessary papers are now on their way to
Gov. [Thomas] Reynolds
12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...
, who on the receipt thereof I have no doubt will make a requisition upon you for the apprehension and delivery of said Smith to the bearer Mr.
1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...
who goes as a Special Agent to attend to this business and I am in hopes that so soon as the proper papers come to hand you will take that course that will secure this imposter and have him delivered over to
Mr. Reynolds
further writes me that he has made an arrangement with
Harmon T. Wilson
1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and "deficient in timber." Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...
seat of Justice) in whose hands he wishes the Writ that shall be issued by you to be put, from the tenor of his letters I am induced to believe that he has made the same suggestions to you, the only wish of the people of this
is, that this man Joseph Smith may be brought to that Justice which the magnitude of his crime merits. Respectfully your obt. Servant Saml C. Owens." <-[Commander in Chief of the Mob in
Jackson Co
Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...
]-> [HC 5:422]
"The Great Britain Steamship," Nauvoo Neighbor, 20 Sept. 1843, [1].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
A Steamship of Iron called "the Great Britain," was built at Bristol,
Island nation consisting of southern portion of Great Britain and surrounding smaller islands. Bounded on north by Scotland and on west by Wales. Became province of Roman Empire, first century. Ruled by Romans, through 447. Ruled by Picts, Scots, and Saxons...
, at a cost of £90.000 she has six masts, and is 320 feet in length on deck, and is said to be the largest vessel that has been built since the days of Noah.
11 June 1843 • Sunday
See 11 June 1843, first and second entries in History Draft.
JS, Journal, 11 June 1843, in JSP, J3:31–35; Woodruff, Journal, 11 June 1843.
Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.
<11> 10 a.m. Meeting at the
Term usually refers to speaker's stand located in one of three groves where JS and others often spoke. JS also preached at temple stand, temporary structure built at various times on east, west, and south walls of unfinished Nauvoo temple. See also "Grove...
The following report is from the Journals of Elders
Wilford Woodruff
1 Mar. 1807–2 Sept. 1898. Farmer, miller. Born at Farmington, Hartford Co., Connecticut. Son of Aphek Woodruff and Beulah Thompson. Moved to Richland, Oswego Co., New York, 1832. Baptized into Church of Jesus Christ of Latter-day Saints by Zera Pulsipher,...
["]A Large Assembly of the Saints met at the Temple
. Hymn by the choir. Prayer by <Elder>
P[arley] P. Pratt
12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....
and singing. [p. 1571]
9 Rode out to shew Mr [Benjamin] Lewis some lots in the
10 At home brothers Livingston and Goodrich from Peterboro New Hampshire visited me, about establishing a Cotton Factory in
The Court Martial ordered an arsenal to be built in the City of
Charles C. Rich
to organize the second battalion 1st. Reg. 2nd. Cohort, into a Regiment of Light Infantry, to be the 5th. Regiment 2nd. Cohort
Gov Thomas Ford
Gov. Thomas Reynolds
is, that this man Joseph Smith may be brought to that Justice which the magnitude of his crime merits. Respectfully your obt. Servant Saml C. Owens." -[Commander in Chief of the Mob in
]- [HC 5:422]
11 10 a.m. Meeting at the
. Hymn by the choir. Prayer by Elder
Parley P. Pratt
View entire transcript |
Editorial Title
Handwriting on This Page
Robert L. Campbell
HC 5:421–422
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I am grateful to the Washington Post for giving me the space to share my reflections on the Tree of Life Synagogue in the wake of the violence the community so close to my heart suffered.
The nostalgia around childhood is powerful. At 46, I can visualize my kindergarten cubby and rainbow-colored mat, feel the pebbly summer-camp road under my feet and hear the conspiratorial giggles of my friends gossiping in the girls' room of my childhood synagogue.
Now that place is one of the most blood-soaked crime scenes in Jewish American history.
Some of the most visceral moments of my life revolve around Tree of Life synagogue in Pittsburgh's Squirrel Hill.
Read the full piece in the Washington Post.


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Zeng Jinlian, née le  à Yuanjiang (province de Hunan) et morte le , est la femme la plus grande de l'histoire.

Elle mesurait  lors de sa mort le 13 février 1982.

Notes et références

Liens externes

 Page consacrée à Zeng Jinlian

Géant
Naissance en juin 1964
Décès en février 1982
Décès à 17 ans

redpajama_set_name: RedPajamaWikipedia


text:
Win a Family 4-pack of Tickets to the Minneapolis Home + Remodeling Show!
Here's Why Coke & Pepsi Taste Different And Why Experts Say Pepsi Is Better...For A While
Pepsi Cola and Coca Cola are obviously different sodas. Fortunately or unfortunately they're always going to be clumped together because they are Colas. But if you've ever tasted them, you know they are very different. There's one main reason why, and it's pretty self-explanatory...
Coke & Pepsi are straight up different flavors.
Despite both drinks falling under the "cola" category, Coke carries with it a vanilla flavored cola while Pepsi brings to the table a citrus base cola flavor. When you think about it, yeah I can see that.
But here's the real question. Why does Coke seem to be the drink of choice while Pepsi wins all of the taste tests? There's an answer for that as well and it comes from best selling author Malcom Gladwell.
In his book "BLINK" Gladwell explains the theory behind this...
Malcolm Gladwell explains why Pepsi tends to win the Pepsi Challenge: "Pepsi is sweeter than Coke, so right away it had a big advantage in a sip test. Pepsi is also characterized by a citrusy flavor burst, unlike the more raisiny-vanilla taste of Coke. But that burst tends to dissipate over the course of an entire can. Pepsi, in short, is a drink built to shine in a sip test."
In other news, I'm 99% confident I could tell the difference between Coke & Pepsi in a blind taste test...no so much for these people.

redpajama_set_name: RedPajamaCommonCrawl


text:
482 F. 2d 350 - Wood v. Zapata Corp H
482 F2d 350 Wood v. Zapata Corp H
482 F.2d 350
A. Jarvis WOOD, on behalf of himself and all similarly
situated shareholders of The Granby Mining Company Limited,
and on behalf of the Granby Mining Company Limited,
Vancouver, British Columbia, Canada, on behalf of itself and
all similarly situated shareholders of Granisle Copper
Limited, Petitioner,
ZAPATA CORP. et al., Respondents,
Honorable Daniel H. Huyett, 3rd United States District
Judge, for the Eastern District of Pennsylvania,
Nominal Respondent.
No. 72-1694.
United States Court of Appeals,
Third Circuit.
Argued Nov. 30, 1972.
Decided June 29, 1973.
Aaron M. Fine, Stuart H. Savett, Donald L. Weinberg, Philadelphia, Pa., for petitioner.
David L. Grove, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for respondents Zapata Corp., William H. Flynn, James B. Harrison and Ronald C. Lassiter.
PETITION FOR WRIT OF MANDAMUS OR WRIT OF PROHIBITION, OR BOTH
Before BIGGS, KALODNER and ADAMS, Circuit Judges.
OPINION OF THE COURT
KALODNER, Circuit Judge.
The petitioner seeks a writ of mandamus or prohibition directing the District Court to vacate its Order of July 13, 1972,1 under 28 U.S.C.A. Sec. 1404(a), which transferred plaintiff's action below to the United States District Court for the Southern District of Texas, Houston Division.
The July 13, 1972 Order reads as follows:
"AND NOW, this 13th day of July, 1972, upon consideration of the motion of defendants Zapata Corp., William H. Flynn, James B. Harrison and Ronald C. Lassiter, and an informal argument held in Chambers this date attended by counsel for all parties, it is ORDERED and DECREED that this action be and hereby is, pursuant to 28 U.S.C. Sec. 1404(a), transferred to the United States District Court for the Southern District of Texas, Houston Division."
The instant petition is premised on two contentions: (1) the District Court abused permissible discretion in granting the transfer motion; and (2) petitioner was deprived of due process of law in that the District Court did not accord him "a reasonable and adequate opportunity to oppose the motion."
It must immediately be noted that the petitioner, in his brief and on oral argument here, has not adverted to the petition's contention that the District Court abused permissible discretion in granting the transfer motion. He urges only that he was denied due process in that (1) he "was deprived of an adequate opportunity to present his opposition to the transfer motion"; (2) "[t]he transfer motion was decided prematurely"; and (3) "[t]he reliance by the District Court on an untranscribed conference and the failure to promptly submit findings of fact and conclusions of law requires [sic] the vacating of the transfer order."
In light of the foregoing, the critical question presented is whether the petitioner was denied due process in the granting of the challenged transfer Order.
The instant proceeding had its genesis in a class action filed by the petitioner A. Jarvis Wood in the United States District Court for the Eastern District of Pennsylvania against the defendants Zapata Corp. ("Zapata"), Lehman Bros., Incorporated, William H. Flynn, James B. Harrison and Ronald C. Lassiter. Wood, in his Amended Complaint, alleged that the defendants violated the Securities and Exchange Act of 1934,2 in the course of Zapata's acquisition, in August 1971, of a controlling interest in The Granby Mining Company Limited ("Granby") and Granisle Copper Limited ("Granisle"), and in continuing efforts to force the sale of the interests of minority stockholders of Granby and Granisle to a subsidiary of Zapata on grossly unfair terms, pursuant to a preexisting merger plan.
Petitioner is a citizen and resident of Brunswick, Georgia. Granby and Granisle are British Columbia, Canada, corporations, with their principal places of business in Vancouver, British Columbia.
Zapata is a Delaware corporation with its principal place of business in Houston, Texas.3 Lehman Bros. is a Maryland corporation, with its principal place of business in New York, and offices in Houston, Texas.4
The individual defendants, Flynn, Harrison and Lassiter, are citizens and residents of Houston, Texas. Flynn is chairman of the Board of Directors of Zapata and its chief executive officer; Harrison and Lassiter are respectively president and executive vice-president of Zapata.
Petitioner filed his action in the District Court on March 27, 1972. He filed an Amended Complaint on April 4, 1972 By Stipulation of the parties, filed April 26, 1972, the time for filing an Answer to the Amended Complaint was extended to May 16, 1972.
On May 16, 1972, Zapata and the individual defendants filed two motions-one for a change of venue and the other for a stay of proceedings.
The change of venue motion moved "for an order, pursuant to 28 U.S.C. Sec. 1404(a), transferring this action to the United States District Court for the Southern District of Texas, Houston Division, on the ground that such transfer would be for the convenience of the parties and witnesses and in the interest of justice." Two affidavits and a Memorandum were filed in support of the change of venue motion.
The stay motion moved "for an order staying all proceedings in this action pending shareholder action on the proposed amalgamation of Zapata Canada Limited, The Granby Mining Company Limited and Granisle Copper Limited, and the conclusion of proceedings relating to said proposed amalgamation before the Supreme Court of British Columbia, Canada. . . ."
On May 30, 1972, Lehman Bros. filed a motion for stay of proceedings similar in content to the Zapata stay motion.
On June 1, 1972, Zapata and the individual defendants filed a motion for an order "barring all parties and their counsel from communicating with members of the proposed class in the above action" without prior approval of the Court.
Petitioner filed a Memorandum in opposition to the June 1, 1972 motion to bar communications with members of the proposed class.
He did not, however, file of record any opposition or notice of opposition to the Zapata change of venue and stay motions of May 16, 1972,5 albeit he advised District Judge Huyett by letter dated May 18, 1972 that "[p]laintiffs oppose the granting of either of these motions" and "therefore request the opportunity to fully brief and argue these motions." The letter further stated that "certain pretrial discovery information which is material to the issues being raised by these motions should be supplied by the defendants before the briefing and arguing of these motions," and that "[w]e are now in the process of preparing such discovery material addressed to the various defendants which we propose to submit to the Court within a few days, together with a motion for stay of hearing of these defense motions pending defendants' completion of this requested discovery." (emphasis supplied).
It must immediately be noted that petitioner never submitted to the Court any "discovery material" relating to the change of venue and stay motions, nor did he ever file a motion to stay the hearing of the two motions, prior to their disposition by Judge Huyett on July 13, 1972.
On May 25, 1972, petitioner wrote a letter to Judge Huyett suggesting he schedule a conference with counsel "to resolve the certain procedural questions which have already arisen, and to set a general timetable and framework within which this case may be litigated." Among the "procedural questions" outlined in the letter were that the defendants had not filed answers to the Amended Complaint, and that "defendants totally disregarded Local Rule 36" in filing the change of venue and stay motions.
On May 26, 1972, Zapata's counsel wrote to Judge Huyett indicating willingness to attend the conference suggested by petitioner. The letter took occasion to dispute the "procedural questions" outlined by petitioner in his May 25, 1972 letter to Judge Huyett.
On June 1, 1972, Zapata's counsel wrote to petitioner's counsel stating: "We believe there is no reason why, if plaintiffs intend to oppose either or both of our motions plaintiffs cannot promptly file memoranda in opposition thereto," and "[i]n short, we wish to move toward a hearing on our motions at the earliest possible moment."
On June 7, 1972, petitioner again wrote to Judge Huyett renewing his request for a conference.
On June 14, 1972, Judge Huyett wrote a letter to all counsel for the parties in which he said in critical part:
"A conference will be held in Chambers on Thursday, July 13, 1972 at 11:30 A.M. and all pending matters will be considered." (emphasis supplied).
The docket of the District Court discloses that on the date of Judge Huyett's letter advising that "all pending matters will be considered" at the scheduled July 13, 1972 conference, there were pending only the following motions:
(1) the change of venue motion of Zapata and the individual defendants;
(2) the stay motion of Zapata and the individual defendants;
(3) the stay motion of Lehman Bros.;
(4) the motion of Zapata and the individual defendants to bar all communications between counsel for all the parties and members of the proposed class, without prior approval of the District Court.
The conference took place in Judge Huyett's chambers as scheduled on July 13, 1972. Later that day Judge Huyett entered separate orders granting the change of venue motion, and denying without prejudice the two stay motions and the motion to bar communications.
Petitioner, in his mandamus petition, claims he was denied due process of law because "[i]n deciding the venue motion under the procedure which was followed, Judge Huyett deprived plaintiff of a reasonable and adequate opportunity to oppose the motion."He prefaces that claim with these allegations at page 5 of his petition:
"At various points in the course of that conference, plaintiff's counsel reiterated the need for the scheduling and taking of discovery on the venue motion. However, actual argument on the motion was never scheduled, nor did plaintiff's counsel believe that the untranscribed conference in chambers was to serve in lieu of a formal or informal hearing, oral argument and written opposition to the venue motion. Plaintiff's counsel advised the Court of their intention to file the discovery papers thought necessary and an amended and supplemental complaint. At no time in the conference were plaintiff's counsel asked to respond to the legal arguments or authorities advanced by defendants in their venue motion and memorandum. Nor did plaintiff believe that an informal scheduling conference was the appropriate occasion to argue the merits of the defendants' motion."
The brief, and Answer to the mandamus petition, of Zapata and the individual defendants, sharply dispute petitioner's contention that "[i]n deciding the venue motion under the procedure which was followed, Judge Huyett deprived plaintiff of a reasonable and adequate opportunity to oppose the motion."
In their brief, they say that "Judge Huyett . . . at the July 13 conference, gave petitioner's counsel the opportunity to state orally petitioner's position on the transfer motion," and that, during the conference, "counsel were explicitly asked by Judge Huyett to and did argue their client's positions on the transfer motion." (emphasis supplied).
In their Answer to the mandamus petition, they say with respect to the July 13, 1972 conference:
"At the July 13 conference Judge Huyett quite explicitly asked for and heard counsel's arguments concerning the pending transfer motion (which had been filed and served 57 days previously). (emphasis supplied).
"At no time during the conference did petitioner's counsel assert that the transfer and stay motions were not before Judge Huyett for determination.
"Petitioner's counsel first argued that counsel for Zapata and the individual respondents had failed to comply with the 5 day notice provision of Local Rule 36 of the U.S. District Court for the Eastern District of Pennsylvania. Judge Huyett responded that petitioner had had 57 days to respond to the transfer motion.
"Petitioner's counsel, particularly Mr. Ash, then made many factual representations by which they sought to convince Judge Huyett that the Southern District of Texas would not be a convenient forum for this action." (emphasis supplied).
What has been said brings us to petitioner's claim that he "was deprived of an adequate opportunity to present his opposition to the transfer motion," in disregard of Swindell-Dressler Corporation v. Dumbauld, 308 F.2d 267 (3 Cir. 1962).
In Swindell-Dressler, supra, the trial judge transferred an action pursuant to 28 U.S.C.A. Sec. 1404(a) in the absence of any motion to transfer, and without notice to the parties or affording them an opportunity to be heard as to the transfer. On these facts, we held that the defendant in the transferred action had been denied due process and was accordingly entitled to mandamus relief.
We recently construed Swindell-Dressler as holding "that the party opposing transfer was, at a minimum, entitled to notice and an opportunity to be heard, and a failure to afford such an opportunity will be remedied by mandamus." Solomon v. Continental American Life Insurance Company, 472 F.2d 1043, 1045 (3 Cir. 1973). In doing so we said:
"Swindell-Dressler does not hold that we will control the exercise of the district court's discretion by mandamus. It holds only that when the district court had acted without following appropriate procedural safeguards, we will by the writ confine it in exercising that discretion to the narrow path of due process." Id.
On review of the record in the District Court proceedings we are of the view that there is no merit to petitioner's contentions that he "was deprived of an adequate opportunity to present his opposition to the transfer motion," and that "the transfer motion was decided prematurely."
We base our view solely on these undisputed facts as established by the record in the District Court proceedings:
The motion for change of venue, accompanied by two supporting affidavits, was filed on May 16, 1972 and served on petitioner's counsel the same day. On May 18, 1972, petitioner's counsel wrote to Judge Huyett stating that petitioner opposed the granting of the transfer motion and that he would "within a few days," submit a motion to stay the transfer motion, along with "discovery material addressed to the various defendants."
Petitioner never submitted to Judge Huyett a motion to stay the transfer motion. Nor did he submit to him "discovery material."
Further, petitioner never filed opposition of record to the transfer motion during the 57-day interval between its filing and service on May 16, 1972, and July 13, 1972, when the transfer order was entered.
On June 14, 1972, Judge Huyett, following receipt of letters from petitioner and Zapata relating to a conference, earlier here adverted to, wrote letters to all counsel in which he stated:
As earlier here stated, the District Court's docket discloses that on the date of Judge Huyett's letter, the only "pending" matters were the May 16, 1972 transfer motion; two motions to stay proceedings until disposition of a pending shareholder action in a Canadian court; and a motion to bar communication by the parties with stockholders.
Judge Huyett's letter thus clearly alerted the parties to the fact that the "pending" transfer motion, inter alia, was to "be considered" at the July 13, 1972 conference. It dispositively negates petitioner's contention, in paragraph 5 of his mandamus petition, that "actual argument on the transfer motion was never scheduled."
The fact that petitioner, in his letters to Judge Huyett, had proposed that "certain procedural questions be considered at the conference," including a discovery schedule, cannot, and does not, obscure the critical fact that Judge Huyett's notice of the scheduled conference made it clear that the "pending" transfer motion would be considered at that conference.
In light of these undisputed facts there is no basis for petitioner's claim that he was unaware that the transfer motion was to be considered at the July 13 conference.
As to petitioner's claims that (1) he did not argue the merits or legalities of the transfer motion at the conference; and (2) he was there deprived of an adequate opportunity to express his opposition to the motion, this must be said:
Petitioner, at page 13 of his brief, concedes that "the generalities of the transfer motion were being discussed at the conference." (emphasis supplied).
Analysis of petitioner's mandamus petition, and brief, reveals that he did not anywhere therein make a definitive statement that he had not registered opposition to the transfer motion or argued its merits, at the July 13, 1972 conference.
Petitioner, in his motion for reconsideration of the July 13, 1972 transfer Order, made no claim that he had been deprived of an opportunity to express his opposition to the transfer motion at the conference.
Finally, and most significantly, the July 13, 1972 Order transferring petitioner's action, set forth earlier in this Opinion, definitively states that it was entered "upon consideration of the motion of defendants . . ., and an informal argument held in Chambers this date attended by counsel for all parties . . . ." (emphasis supplied).
It must be noted that in evaluating the merits of petitioner's due process claim, we have not taken into account Zapata's contention, in its Answer to the mandamus petition and in its brief, that at the July 13, 1972 conference petitioner's counsel did in fact argue the merits of the transfer motion.
What has been said brings us to petitioner's contentions that "[t]he reliance by the District Court on an untranscribed conference and the failure to promptly submit findings of fact and conclusions of law requires [sic] the vacating of the transfer order."
Implicit in these claims are the unwarranted assumptions that (1) any and all conferences and informal arguments relative to a change of venue motion must be reported and transcribed by a court stenographer; and (2) a district court is required to make findings of fact and state conclusions of law in making disposition of a transfer motion.
Petitioner has not cited any procedural rule, or decisional authority, in support of his assumptions, and none exists.
Section 753(b), 28 U.S.C.A.,6 mandates reporting of all civil proceedings "had in open court," "unless the parties with the approval of the judge shall agree specifically to the contrary." It also specifies that in proceedings other than those in "open court," reporting must take place, if directed by the court, or required by rule, "or as may be requested by any party to the proceeding."
Petitioner does not contend that he requested that the July 13, 1972 conference in Judge Huyett's chambers be reported.7
Second, as to petitioner's "findings of fact and conclusions of law" contention:
Rule 52(a), Fed.R.Civ.P., provides in relevant part:
"Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 and 56 or any other motion except as provided in Rule 41(b)." (emphasis supplied).
The mooted transfer motion here is in the category of "any other motion," and, accordingly, it was "unnecessary" for Judge Huyett to make findings of fact or to state conclusions of law in entering his July 13, 1972 transfer Order, under Rule 52(a).
Standing alone Rule 52(a) is dispositive of petitioner's contention respecting rendition of findings of fact and conclusions of law.
While we have suggested to the district courts "that it would be helpful to us if each transfer order set forth the factors upon which the court relied in deciding the motion,"8 we have not imposed the imperative of rendition of findings of facts and conclusions of law in transfer cases.
It may be noted, parenthetically, that petitioner, in his motion for reconsideration of the July 13, 1972 transfer Order, did not ask the Court to amplify the reason for its Order.
The cases cited by petitioner in support of his contention as to the rendition of findings of fact and conclusions of law are inapposite. None of them involved action on a transfer order.
We must advert briefly to petitioner's contention that the transfer Order "was decided prematurely" because "[d]espite plaintiff's oft-stated need for and intent to file discovery, the District Court refused to establish a schedule for discovery and proceeded to deprive plaintiff of his opportunity to conduct discovery following such refusal by immediately granting the motion."
The Achilles' heel of that contention is that there is no procedural rule or decisional authority requiring a district court to permit discovery in connection with a transfer motion or to postpone disposition of the transfer until completion of discovery proceedings. Cases cited by petitioner in support of his contention are inapposite inasmuch as they do not involve a transfer motion.
It must be noted on the score of petitioner's contention that the District Court acted "prematurely" in granting the transfer motion, that the motion was filed on May 16, 1972, and that petitioner in the 57 days which elapsed between that date and the entry of the transfer Order on July 13, 1972, did not proceed with discovery, although his counsel had advised Judge Huyett on May 18, 1972, that he would proceed with discovery "within a few days."
This, too, must be said.
As earlier herein noted, petitioner in his brief, and oral argument, has not challenged the merits of the transfer Order.
Since he did so in his mandamus petition, it is only necessary to say that in consonance with Solomon, supra, and All States Freight, Inc. v. Modarelli, 196 F. 2d 1010 (3 Cir. 1952), we find no basis for issuance of a mandamus writ.9
For the reasons stated, the Petition for Writ of Mandamus or Writ of Prohibition, or Both, will be denied.
ADAMS, Circuit Judge (concurring).
I concur with the result reached by Judge Kalodner denying the petition for a writ of mandamus or prohibition.
The dissent points out that the trial judge here, in ordering transfer of the underlying action, made such order after an untranscribed "informal argument held in Chambers" and did so without making findings of fact or conclusions of law in support of said order. Like the dissent, I find each of these omissions troubling.
In matters of the importance of a motion to transfer, I think it would be most salutary if a hearing were held. Nevertheless, local Rule 36 of the United States District Court for the Eastern District of Pennsylvania does not require that hearings be held on motions. However, if a hearing or conference is held, I respectfully suggest that such proceedings be transcribed. Only from a written record can the fairness of a hearing or conference be reviewed. Only from a written record can an appellate court be fully apprised of all the factors which entered into the district court's decision.
Concededly, Rule 52(a) of the Federal Rules of Civil Procedure makes unnecessary findings of fact and conclusions of law on decisions of motions. See Solomon v. Continental American Life Insurance Co., 472 F.2d 1043, 1048 (3d Cir. 1973). Nevertheless, this Court has recently stated, "it would he helpful to us if each transfer order set forth the factors upon which the court relied in deciding the motion." id. Indeed, such statement is, at times, quite important to effective appellate review.
However, I do not believe, at least at this time, that the trial judge's failure to have the proceeding transcribed or to make appropriate findings meets the restrictive test necessary to justify this Court's issuance of a writ of mandamus or prohibition. See Interpace Corporation v. City of Philadelphia, 438 F.2d 401 (3d Cir. 1971). Accordingly, I concur in the denial of the petition.
BIGGS, Circuit Judge (dissenting).
Meaningful review requires that the reviewing tribunal must be able to review a decision of a trial court or of an agency to determine its correctness and if necessary control the course of the litigation whether by appeal or by use of a writ under the All Writs statute, 28 U. S.C. Sec. 1651. In the case at bar this court cannot fulfill that reviewing function for there was no court reporter present in the trial judge's chambers to record what either may or may not have been an adequate hearing on respondents' Section 1404(a) motion. The petitioners insist that they did not receive adequate notice or hearing and were taken by surprise by the course of the proceedings. The respondents insist there was adequate notice and hearing. We are left with conflicting statements of counsel which cannot be reconciled and, in any event, are not part of the record and therefore cannot serve as a basis for adjudication. United States ex rel. Bradshaw v. Alldredge, 432 F.2d 1248, n. 1, 2d para. (3 Cir. 1970). Moreover, the trial court made no findings of fact or conclusions of law, wrote no opinion, and entered a transfer order in the bare terms of Section 1404(a).
We would all agree that whether or not a transfer should be made depends upon the balance of convenience. Wyndham Associates v. Bintliff, 398 F.2d 614 (2 Cir. 1968), cert. denied, 393 U.S. 977, 89 S.Ct. 444, 21 L.Ed.2d 438 (1968); Brown v. Woodring, 174 F. Supp. 640 (M.D.Pa.1959). A determination of that balance rests within the sound discretion of the trial judge, and he alone must make the decision required by Section 1404(a). We may not perform that duty for him, although we must set aside any such decision which constitutes a clear abuse of discretion (Rapp v. Van Dusen, 350 F.2d 806 (3 Cir. 1965); Golconda Mining Corp. v. Herlands, 365 F.2d 856 (2 Cir. 1966)), or is constitutionally deficient.
In the case at bar, local Rule 36 of the United States District Court for the Eastern District of Pennsylvania purportedly authorized the district court judge to decline to hear oral argument on respondents' Section 1404(a) motion. Nonetheless a hearing was afforded and certainly that hearing was required to be a fair one-one in which the petitioners had an opportunity to make proper argument and to present their case. Furthermore, the fact that the decision to transfer the case may be justified on the merits does not obviate the requirement of a fair hearing. We are entitled to know what was before the district judge at that hearing and the factors which may have brought him to his decision to transfer in order that his exercise of discretion and the constitutionality of the procedure may be properly reviewed.
I believe the absence of a court reporter has rendered it impossible for this court to determine the fairness of the hearing, for in my view the record fails to reveal facts from which such a determination can be made. In the exercise of our supervisory powers we should require the district court to grant the petitioners' motion for reconsideration, to hold a hearing and to have a court reporter present taking notes of the proceedings. Specifically, under circumstances such as those at bar, the presence of a court reporter should be required by the trial judge.
I assume, of course, that if this court were to hold as I have indicated, the issuance of a writ would be unnecessary and the district judge would comply promptly with our suggestions.
For the reasons stated, I must respectfully dissent.
Petitioner also seeks vacation of the District Court's Order of July 26, 1972 which denied reconsideration of the Court's July 13, 1972 Order
15 U.S.C.A. Sec. 78a et seq
Affidavits submitted to the District Court in support of the transfer motion alleged that Zapata neither transacts, nor is it qualified to transact, business in Pennsylvania
Lehman Bros. did not join the other defendants in the transfer motion below, and it has not filed an Answer to the instant petition
Petitioner never filed of record any opposition to Lehman Bros.' stay motion
Section 753(b), 28 U.S.C.A., provides in relevant part:
"(b) One of the reporters appointed for each such court shall attend at each session of the court and at every other proceeding designated by rule or order of the court or by one of the judges, and shall record verbatim by shorthand or by mechanical means which may be augmented [sic] by electronic sound recording subject to regulations promulgated by the Judicial Conference: (1) all proceedings in criminal cases had in open court; (2) all proceedings in other cases had in open court unless the parties with the approval of the judge shall agree specifically to the contrary; and (3) such other proceedings as a judge of the court may direct or as may be required by rule or order of court or as may be requested by any party to the proceeding. The Judicial Conference shall prescribe the types of electronic sound recording means which may be used by the reporters."
Cf. United States v. Jenkins, 442 F.2d 429 (5 Cir. 1971). There, the Court, in rejecting a contention, in a criminal case, that trial error had been committed when a conference in chambers was not reported said (p. 438):
"There was no request that it be reported and the statute, 28 U.S.C.A. Sec. 753 (b), requires only that proceedings in open court be reported. We hold that the charge conference in chambers was not in open court and thus the claimed error is without merit."
Solomon v. Continental American Life Insurance Company, 472 F.2d 1043, 1048 (3 Cir. 1973)
See, too: Swindell-Dressler Corporation v. Dumbauld, 308 F.2d 267, 272 (3 Cir. 1962); United States v. Wright, 282 F.2d 428 (3 Cir. 1960) (rehearing denied); Mutual Life Insurance Co. of New York v. Ginsburg, 228 F.2d 881, 882 (3 Cir.), cert. denied and leave to file mandamus denied sub nom. Ginsburg v. Gregg, 351 U.S. 979, 76 S.Ct. 1050, 100 L.Ed. 1495 (1956); cf. Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106 (1953)


text:
Caidian, tidigare romaniserat Tsaitien, är ett stadsdistrikt i provinshuvudstaden Wuhan i Hubei-provinsen i centrala Kina.

Källa

WP:Projekt Kina


If you are working in the entertainment industry, having an up to date press kit is an invaluable tool. It helps the media outlets have all your pertinent information in one easy packet. A press kit contains your pictures, a brief history of your life, some work experience, future events and your contact information.
Even stand-up comedians need to prepare a press kit. Here's how to create one.
Hire a publicist to create your press kit. You will need to work closely with him so he can get your information correctly and get your kit to the right hands.
If you don't have a publicist yet, you can still make your own press kit. Collect the information and materials you will need.
Start with some headshots and body shots of yourself. Work with a good photographer to get the best pictures. Remember that the pictures you include in your kit may end up being published in magazines and newspapers, so choose wisely. Invest in a good photographer since these pictures may even come back to haunt you. Even if you're a comedian, you want to look presentable. If you don't, years from now, you'll look back and probably decide to use your old head shots as materials for new jokes. Label the pictures with your name and contact info on the back.
Include a brief history of your life. Put accurate information but you don't need to make it too detailed if you're not comfortable releasing too much personal information. Write a little bit about your childhood and narrate what inspired you to enter the business. You can also include where you get your source material.
Write in some of your past work and other places you have performed. Include any TV appearances and other cameos. If you have worked as a writer for other famous people, include that as well. However, if you are new to the business and have no credentials whatsoever, you can just write about your previous employment history.
End with any upcoming shows and performances and include the cities, dates and venues you'll be working. You may even opt to include that your services are for hire in corporate and private functions.
Include your contact information. In case an agent or reporter wants to get in touch with you, give either your number or your agent's contact information.
Keep the mood light. As a stand up comic, you have the leeway to narrate your life story in a humorous light. Leave out tragic details of your life and your hard early life experiences. As a stand up, you should have some writing skills so there shouldn't be a need to get a professional copywriter to do your blurbs.
Make sure the information in your press kit is updated regularly. Print out a few hundred copies of your kit and bring it with you to pass out after performances or during press conferences.


Get insurance in New Brunswick today!
Insurance in New Brunswick is an investment in protecting what you value most! So invest the time in exploring your options to make sure you find a solution that's not only perfectly suited to your requirements but also available at a very reasonable price. We'll provide you with insurance customized to suit your total insurance needs, including extensive coverage, reliable customer care AND competitive pricing. If you're ready for more detailed information, choose The Co-operators location nearest you.
There are countless options in the world of online insurance quotes. But beyond getting an estimate on insurance premiums, how can you be sure you're getting the right coverage for your needs? Choosing The Co-operators means getting more than 70 years of experience in your corner from a co-operative that puts the needs of our members and communities above all else. In addition, you get a network of advisors in New Brunswick and beyond. These are just a few of the many things that set us apart as Canada's go-to insurance experts.
When it comes to complete insurance in New Brunswick that caters to your needs, put your trust in The Co-operators. Take a close look at what your specific needs are and then talk to us about the product or service your particular situation demands. Choose your city from the list to discuss your specific needs with your local Co-operators Insurance Advisor today.
Protecting families and individuals with reliable products, such as our insurance in New Brunswick, is what The Co-operators do best—and we've been doing just that, across Canada, for over 70 years. We get to know our customers and approach each situation with fairness and courtesy. Along with our insurance, you can also expect to receive customer service that treats you like an individual, which means you won't find pre-packaged, one-size-fits-all coverage when researching our many and varied solutions. With Insurance Advisors in The Co-operators offices throughout Canada, you can count on receiving detailed, local information about our insurance. Choose your city to learn more now.


Facebook vs. YouTube: Who's winning the video marketing battle?
Over the past few months, the Internet has been abuzz with chatter about Facebook overtaking YouTube as the go-to destination for video on the web. Facebook surpassed YouTube in total number of video views on desktop in the U.S. last August. It has also been ramping up its video functionality, with the recent launch of a new-and-improved Videos Tab, including Playlists, and a Featured Video module for pages, as well as the ability to embed Facebook videos across the web. But what does this mean for marketers?
Should you ditch YouTube for Facebook when it comes to your video marketing plan? Facebook may be on the rise, but there are still plenty of benefits to sharing videos on YouTube as well. It may just be time for a strategy readjustment.
Don't let Facebook's newfound success with video fool you into thinking that YouTube is passé. Google's video giant still has over 1 billion users; people watch hundreds of millions of hours of video each day; and the number of hours of video watched each month is up 50 percent year over year. Most importantly, YouTube is still the world's second largest search engine behind Google.
If you want your videos to get discovered by new people via search, YouTube is still the place to be. Any video content you'd like people to be able to discover through organic search should be uploaded to your YouTube channel. When formulating your video titles, descriptions, and tags, be sure to include the keywords that people would likely be searching for when trying to find a company or product with your offering to make it easier for them to find your videos, both in YouTube search results and via Google.
So while YouTube remains important for any video marketing strategy, it's important to understand how to benefit from Facebook's sudden rise in video. Earlier this year, a report from Socialbakers showed that "native Facebook videos get more reach than any other type of post." Facebook users are hungry for video, and incorporating it into your strategy can help your content get in front of more people than if you simply stick to photos, links, and text status updates.
Facebook has also become the platform of choice for video advertisers. A recent report from Mixpo revealed that advertisers and agencies are taking the Facebook plunge when it comes to video advertising. When asked about what platforms they ran video campaigns on last year and what platforms they plan to run video campaigns on in the next year, more respondents reported plans to run video ads on Facebook than any other network, including YouTube.
Why is Facebook the place to be for video advertising? For starters, the social network makes it really easy for advertisers (large and small) to target very specific groups of consumers. Mixpo quotes Jonathan Nelson, CEO of Omnicom Digital, as saying, "When you have that much known information, tied to analytics and an ad server, you can start doing messaging in a way no one's ever done before. That's marketing nirvana." But Facebook isn't only great for advertisers because of targeting — it's also great because of the engagement factor.
YouTube is inherently good for search engine optimization and driving views. However, views have become a less important indicator to marketers and advertisers in recent years. The Mixpo study revealed that, in a ranking of the most important metrics when running video ads on social, views placed fifth. What was more important? Engagement, shares, conversions, and total time spent watching. Facebook offers a larger opportunity for engagement and shares, which is why more and more advertisers are turning to the social network for their video campaigns.
So who's winning the video marketing battle? The truth is, both YouTube and Facebook are integral parts of an effective online video strategy. Use the strengths of both platforms to maximize the effectiveness of your video marketing strategy. Reach prospects with YouTube, and create and engage with your community on Facebook.
Brad Jefferson is CEO and co-founder of Animoto. Prior to cofounding Animoto in 2006, he spent eight years with enterprise software company Onyx Software, where he was Director of Sales Operations and managed the national team of sales engineers.


Woodland camp … Fancy a day in our woodland environment ? A day of discovery at your own pace. A tailor made package where you can realise the true beauty of a classic English woodland.
Start with a woodland ramble looking at all of nature's treasures from flora to fauna, begin to 'slow down' and take note of all the detail that surrounds you. Relax with a 'brew' by our little stream and watch nature at work. Let us then test your senses and your observational skills.
Content and well fed you could perhaps move on to some simple basketry, whittling or even just make your own 'personal' shelter. If wildlife interests you, why not try try some tracking? This is a group based activity.
Need to get the message over to clients or parents? There is no better way than to bring bushcraft to you than by setting up our 'expedition style camp' in your grounds. A central fire with tripod and suspended kettle accompanied by all of the paraphernalia associated with bushcraft and Wilderness Living. Reindeer skins, atlatls, bows, leister spears, willow basketry, birch bark wares, spoons and cups. Even a tipi or lavvu with a balsam fir bed!
The scene is set… we can then carry out various demonstrations such as firecraft, knifecraft, tracking, whittling, plantlore etc.
In just one day, we can give a very tangible demonstration to show precisely what bushcraft has to offer.
Team under canopy…. Over the past few years more and more Schools have started realising the true potential of immersing their students into the 'world of bushcraft'. The common perception of bushcraft is 'playing in the woods- building fires' a slight extension of forest schools. The subject, however, is so detailed and in depth that a lifetime of study, still leaves its exponents as pupils. The art or science of bushcraft is to understand how everything works in our natural environment – the dynamics. This involves some in depth knowledge in subjects such as biology, human physiology, botany , natural medicines, geography, physics and so much more. In actual fact so much more… most educators are absolutely amazed!
Having spent the first twenty years of their lifes in some sort of educational establishment Mark and Lucy can honestly say, bushcraft is the only 'subject' which draws fully on all of that learning. From Latin to Art to Sport to Agriculture and everything in between!
Shelter positioning, resource availability, natural awareness, heat loss mechanisms, insulation, reflection, design detail, construction techniques, thatching, lashing, knots, uniformity, mathematical terminology, social interaction, team work, history, geography- topography, botany and so on.
Annual programmes whereby we visit you on a regular basis over a full academic year and teach your pupils in your 'wild' area / or in the classroom. Covering all the subjects within our syllabus.
Bushcraft days in our woodlands where we can teach and help the students put in to practice the things they have learnt.
Train the trainers we can pass on some of our skills and knowledge to you to, enabling you to build your own 'in school programmes'.
Inset training days time out of the classroom in our beautiful woodland, learning new skills, interacting with your colleagues giving you something a little different to take back to your own classroom.
Team around camp We have recently spent a lot of time developing and 'writing' corporate bushcraft days. The links between business and bushcraft are very obvious if you experience both 'worlds', as we do. Getting things done properly in the business environment is essential – but in a harsh wilderness environment it can be critical. Again from our own experiences, the true value of bushcraft is that it brings an immense sense of 'understanding', determination and respect.
Countrylore is run by business people who are dedicated bushcraft enthusiasts. We aim to provide the best tuition within our 'realm' from a truly unique perspective.
Over the past twelve months the Countrylore team have proudly hosted bushcraft based experiences for various teams or groups of adults from radio stations , advertising agencies, dental practices , retailers and accountants.


I recall seeing a tutorial video describing use of the Layout tools in Genesys, but after searching the support website just now I can't find anything on using Layout.
Can someone provide a pointer to the tutorial video for Layout?
I did all the quick tutorial videos and did not do one on layout. I don't really know of a layout video - although it's a good idea. Are there a few specific questions we could answer?
Warning: fill pattern values out of range.


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Professor inspires through craft
Art, Arts & Entertainment January 24, 2014February 24, 2014 Jessica Bills
Thirty years ago, a self-proclaimed returning "prodigal son" of the Christian faith was told about a position at California Baptist College to be a ceramics professor.
Though he knew it was the Lord telling him to apply, the young college graduate was hesitant to accept a teaching position at a Baptist school, when his initial plan was to work in an introverted environment.
After taking a leap of faith, Dave Williams, visual arts professor of ceramics, said he sees the abundant evidence that coming to CBU was indeed where he needed to be, just as God had told him.
When Williams first started teaching at CBU, he met a student who later became his wife.
Williams now has twin daughters, Sarah and Haley, who currently attend CBU. Sarah is even in one of his ceramics classes.
"I've really come full circle; that's what 30 years will do to you," Williams said with a chuckle. "God has blessed me with a wonderful life out of CBU."
Williams described a specific awareness of God's power that can come from sculpting.
"Here you are spending your life making things and then you look outside and see the tree blow in the wind, and try to do something like that, let alone a human being who walks and talks and has a soul," Williams said. "You bow down to God who created it all. People bow down to creation all the time, but you give God the glory. It just makes you aware of how amazing our world is."
Though he has taught other classes at CBU, Williams mostly teaches ceramics, both beginning and advanced.
The studio is open for all students to come and create, a fact that many students do not know.
For those who only have experience sculpting Play-Doh, enrolling in the class is encouraged for general education requirements.
Ruth Nyquist, senior graphic design major, said she did not let her lack of experience in sculpting discourage her from enrolling in the class.
"I've only ever watched people do it and thought, 'Why not?'" Nyquist said.
Nyquist is currently taking the beginner's class for fun and as a relaxing break from her hectic senior schedule.
"Art has always been one of my outlets, and I love being able to physically do something with my hands versus on a screen," Nyquist said.
She encourages other students to take advantage of this unique opportunity for class credit.
"It will expand creativity. Work on one's motor skills," Nyquist said. "Seeing what you actually make with your hands as opposed to a class where you're staring at a computer or sitting in a lecture."
Kyle Stevens, senior visual arts major, can be found in the studio working on ceramic sculpting projects for his upcoming senior show.
Stevens started ceramic sculpting seven years ago and has developed a passion for the tactile craft.
Stevens has gleaned much admiration for Williams through his classes and their interactions.
"He is an awesome, very godly man," Stevens said. "He has a great sense of humor, and cares a lot about everyone. He acts like a father-figure to many."
Ceramics is open to every undergraduate student and offers a different perspective on daily life.
"Life is a miracle every day," Williams said. "The sun comes up and the sky lights up in different colors. It's a different picture every day. The wind blows. Seasons come and go. That's all a visual game for us to watch and enjoy down here. Its makes you sensitive to God's
About Jessica Bills
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Ellis selected to serve on NCAA Division II President's Council
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Added by Eric Davis at 2011-03-14 09:24 pm. Updated at 2011-03-21 11:18 pm.
Need to check that pre-i18n syntax files are depreciated (@@) so they can be removed in 2.0.0.
Tested the i18n deprecation, changed it to use Rails' deprecation module so it's clearer in the logs, and added a forum post for the official deprecation.
Apropos tpyo: I think, you are talking about deprecations and not depreciations. The same goes for the forum post.
Thanks. I have a finance background so I always mix those up.


January 6, 2019 marked the two-year anniversary of Market Misbehavior. My goal with the blog was to help myself find a voice during a time of personal and professional transition. Getting my thoughts out there helped me gain the confidence to write for other websites and later to launch an independent research firm, Sierra Alpha Research.
After spending 8-1/2 years on the institutional buyside, where my opinions were mostly kept in-house, getting thoughts out to the broader community was frightening, thrilling, frustrating, and invigorating.
I've had many memorable moments, from when I set up my first free Blogger page to when I faced my first anonymous internet troll. Along the way, I've refined my process, developed ways to capture ideas and stay organized, and focused my passion for relating all things back to investing.
So what have I learned over the last two years?
Writing content doesn't take much time at all, but writing good content takes quite a while.
I cringe a bit when I review some of my early blog posts, but I know now that part of my evolution was to see what worked and what didn't.
Over time, I've written more on what I'm truly passionate about and less about things that I think will just grab people's attention. Ideally there's a sweet spot in the middle somewhere, and that's where I'll keep trying to be.
So what makes good content? I feel the best when I write things that resonate with me personally. Posts that hit on painful lessons I've learned. Things that remind me that I'm an imperfect professional with plenty still to learn.
It's so tempting to write things about the latest market move or bubble watch or academic study. For me, it's all about recognizing what's out there and picking the broader, more timeless lessons for investing and living.
Great things happen when you take a chance.
That quote quickly earned a place of honor on my wall of post-it notes, which I review every day I'm in the office.
Live shot of my office wall, 11:51am this morning.
When columnist Mary Schmich (this is often attributed to Eleanor Roosevelt) said, "Do one thing every day that scares you," she wasn't referring to flying an airplane or jumping off a cliff, she was referring to all the little things that can be uncomfortable but provide great learning opportunities.
For me, that has meant having an opinion and telling people about it. Even in the sometimes brutally cynical world of social media.
The key to a blog is consistency.
When I've chatted with fellow stockcharts.com contributors or attended events like FinCon18, the one common piece of advice is to develop a routine for writing content.
It can be first thing every morning, every Friday afternoon, or whatever works for you. But it has to happen consistently. I give myself a grade of "barely passing" on that front, and it's an area where I hope to improve in 2019.
My new daily routine, as developed during my Power Week of strategic planning (a topic for a future blog post), involves four key items: Research, Clients, Content, and Marketing.
Every day, I want to research the markets through reviewing charts and news, reach out to clients with whatever I think is worth knowing, develop new content for my blog and elsewhere, and then focus on marketing through social media and connecting with people in my network whose views I value.
It sounds so simple. But I seem to always find new and exciting distractions that have prevented me from hitting these four items.
So for 2019, I hope to write more consistently, continue to refine my voice, and communicate my passion for finding nuggets of investing wisdom in anything and everything.
Thank you for taking this journey with me, thanks for your support and feedback, and thanks for reminding me that I will always have much to learn!


Firstly I'd like to send our condolences to the people effected by Irene's flooding in VT and NY – before complaining about the over-hyped storm think about the historical buildings that were swept away and one of our favorite resort's lodge which was destroyed.
All hype aside, the ocean was a mess yesterday…a 40′ sailboat washed up on the rocks at Rye Harbor, I heard about people being arrested for surfing in MA, Pros getting tickets for surfing down in Maryland, I even heard about a shark attack at Ruggles?
Gotta' love all the drama, when I woke up this morning I was half expecting double overhead and messy but instead head high at best and brisk offshores. I spent a long time traveling and scoping but also scored lots of usable footage. That big day we've been waiting for is coming, currently there is a disturbance headed towards the EC right now – will this be the one? Fingers crossed for Katia.
Today wasn't a complete loss – As I'm walking out to shoot at a far-away break today I hear something rustling in the bushes, I stayed clear because I thought I saw the tail of a dog and there wasn't a dog owner anywhere in sight. I took another 30 or so steps and stopped to set my tripod and camera up. Turned out waves were terrible and I met up with my friend Mike and headed back to the car – as we walked back I told him I had seen a black dog in the bushes, he stopped and then quickly sped off and mentioned that he had heard the thing. After getting a few steps away from the area I looked back and it had exited the bushes, not a dog but a f'ing TURKEY, stuck between ocean and cliff.
I can't fork these over to the Facebook uploader because it destroys all photo quality, instead here's a taste of what's going on down at Summer Sessions Surf Shop. Most of the material I captured this evening was video so keep your eye out for The Waiting Game – Chapter Two. Click on the photo for a larger resolution.
IRENE UPDATE: Looks like the forecasters will be pushing their track further East in the morning, expect landfall to be somewhere in CT. Very quick burst of energy but it looks like M, T, W could all be pretty solid – don't be a kook.
Unless you've been living in a cave, you're most likely aware that there's a good chance we'll see some energy from Hurricane Irene towards the beginning of next week. Plenty of good information on Irene over at Jeff Master's Wudnerground Blog.
In the meantime I've been borrowing Lucas's camera, some Molly Surf Competition photos, some Maine exploration photos and an alcohol photo :).
I wanted to start a new series for Hurricane season, it's just natural that it would be named "The Waiting Game". Most of our time up here is spent waiting for the swell to arrive, hours in front of the computer screen reading too far into swell models a week out. Someday we'll get waves.
Some random photos from last week, I think.
I blew it again this morning, woke up and checked the cam and it just didn't look that great so I went back to sleep. Got down to the wall around 9 and it was just as big as yesterday with a shorter period and much more unfavorable wind. The wind went off shore for about an hour around lunchtime before switching back onshore for the evening.
This morning brought better conditions, have a look.


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British English Coach
Master Polite English Course
Business English Idioms Course
How to give explanations in English
by dylan gates | Nov 13, 2014 | Express yourself in English
Explaining is about making somebody understand something. When we explain, we often provide details of reasons about the thing, process, situation or theory we are discussing.
Explanations usually link cause with effect. For instance, we were you late home (the effect)? Because, I had to work late in the office (the cause).
In this podcast, we are going to look at some phrases used in English to give explanations.
http://britishenglishcoach.com/wp-content/uploads/2015/03/Explanations-final.mp3
I live in Spain and, when I'm not speaking English, I communicate in Spanish. My Spanish isn't perfect – far from it – but I can generally express my ideas and opinions in most situations, although I make lots of grammar, vocabulary and pronunciation mistakes. In fact, sometimes I even dream in Spanish.
But, the thing is, no matter how good my Spanish might become, I doubt whether I will ever feel 100% comfortable speaking Spanish. The truth is I feel like I have a different personality when I speak Spanish.
What about you? Do you feel like you have a different personality when you speak English? Do you feel like a different person when you speak English?
Why should that be the case? Why do we feel like we have a different personality when we speak a second or foreign language?
I'm going to explain why I think we feel this way. I'm going to discuss some of the possible causes for this effect.
The reason for this effect is that we have an emotional attachment to our first language, because it is the language we used as a child. Our deepest and oldest memories, the ones we have carried with us all our lives, are recorded in that first language. As we grew older, our bodies change but the core, the foundation of our personality, is expressed in our mother tongue.
One possible explanation is that we have the chance to create a new personality for ourselves when we learn a second language. We can be like actors performing a role. If we are shy in our first language, we can choose to be more confident and extroverted in our second language. This can be quite liberating for many people as we can create a second language alter-ego.
On the other hand, many people feel less comfortable and confident when speaking a second language. What's responsible for that is that we do not have the language resources to express ourselves in a sophisticated way and this is really frustrating for adults. We feel like we are children again, communicating in an infantile way when we speak with adults. Let me explain, when we communicate in our first language, we have mastered the ability of complex communication. We are much more successful at finding appropriate ways and phrases to clearly express our ideas and opinions. We don't have to worry about making grammar mistakes or mispronouncing words. And when we make mistakes, we are able to self-correct. We are able to communicate as equals with other adults. When we communicate in a foreign language with native speakers of that language, we notice the difference between their sophisticated use of language and our simple childish attempts at conversation.
There's no doubt in my mind that successful learners of a foreign language realise that they are not the same person when they communicate in a second language. It could well be that trying to express the same personality in your second language causes people to feel frustrated and uncomfortable. So, I'd say that we feel like we have a different personality in our second language because our public persona is actually different.
So, let's quickly review some of the phrases I used:
The reason for ……
One possible explanation is that….
What's responsible for this effect is….
Let me explain,……
There's no doubt in my mind……..
It could well be that…………
I'd say that ………..
Well, what do you think? Do you feel that you have a different personality when you speak English? If so, what are the possible causes of this effect?
British Council blog award
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According to a recent study conducted by Velocify weekend leads close 20% better than weekdays leads even though lead buyers are much slower to respond to them.
A lot of consumers who enquire on lead generation sites, work a full-time job and we receive a high number of enquiries during lunch breaks and work breaks which means there is an instant time pressure on both the consumer and the broker to make contact.
On weekends consumers have more time to think about their enquiry; more time to research the product they want and ultimately more time to decide what they want to buy.
Starting the sales conversation with a relaxed engaged consumer will lead to more sales.
Just because a consumer applies on the weekend doesn't mean they want to speak there and then but a quick email to introduce yourself and arrange a suitable time to call in the week means that you've captured the consumer's interest at its highest point and will help you build a pipeline of work.
A quick five minutes chat with a weekend lead will reassure the consumer that they have applied with a reputable broker and will also take the pressure off the consumer to stop their search for a mortgage broker.
We drive mortgage consumers to our sites via search advertising and because less brands and mortgage brokerages work on the weekends, less people advertise which means it's cheaper for us to generate leads and therefore cheaper for you to buy them.
Lead generation is a return on investment activity and different strategies work for different brokers. If you are a self-employed broker who doesn't have to worry about set work hours, buying leads on the weekends can give you a significant advantage over major banks and large brokerages who have to follow the 9-5 pattern.
Higher consumer engagement, less competition and cheaper leads are all major benefits for taking leads on weekends. These factors can double your conversions compared to leads during the week.
What are some factors that hold me back from weekend leads?
Have I tried weekend leads?
Could I trial 5 weekend leads this January?
Ines Hubmann is a Business Development Executive with E-Finity Leads.
How much are your B2L leads over the weekend ?
Weekend B2L leads start from £10 + VAT.


Nicholas is a multimedia designer, blogger and stylist.
He is best known for his streetwear style and his exploration of Tampa Bay's most interesting bars, restaurants and shopping destinations.
After he graduated from the University of South Florida with a degree in mass communications, he launched nicholastrobiano.com in 2012 as a creative outlet from his mundane job as a graphic designer. As his following grew, he expanded his content to feature the cities and styles that inspired him.
Nicholas is currently recognized as a GQ insider by GQ magazine and was featured as a leading style blogger in Creative Loafing Tampa and TBO.com.
He currently lives in Tampa, Florida.


If English is not your first language, I can assist you!
I have spent many years teaching English to speakers of other languages, both in Australia and overseas. As an ESL English teacher, I have helped many ESL speakers and writers become proficient in the English language.
I have taught advanced and business English to students and business professionals either intending to study at Australian universities or needing to deliver formal business presentations or correspondence for work-related purposes.
As an editor, I can help you express yourself clearly in English. If you are trying to get ahead in the academic or business world, my services can help you communicate to your audience with clarity and confidence.
Having taught English for so many years to a variety of speakers of other languages, I know much about the English language issues ESL speakers struggle with. English is not an easy language to master, and there are also many conventions and standards governing writing that you may be unaware of.
Let me assist you and ensure you are complying with appropriate language choices, spelling, grammar, punctuation and country-specific conventions and standards. You want your work to be judged on merit rather than English-language issues. I can revise your drafts for style, sentence structure, word choice and make you sound like a native English speaker. With my guidance, common problems such as transition overuse, countable nouns and article usage will be a thing of the past.