text:
Bradford Morrow on Language, Writing, Books, Fiction, Darkness, and More
April 8, 2022 January 15, 2023 - Birthday, Books, Quotes, Reading, Review, Writing
Happy birthday, Bradford Morrow, writer and editor par excellence! Over the years, Big Other has published reviews of Morrow's fine books, like Gabriel Blackwell's review of The Diviner's Tale and Tim Horvath's review of The Uninnocent. I also reflected on the latter here and reviewed the former elsewhere. Go read Morrow's books, in other words. And here are some more of Morrow's words, culled from interviews he's given over the years:
"As a person, I'm an observer. As a fiction writer, I'm an inventor who is informed by my observations."
"So yes, foreboding, uneasiness, dread, these all strike me as essential to the human experience […]"
"And because I swim in the ocean of language awake and asleep, and most especially when I'm writing, it's natural that my understanding of the world of my characters is awash in language as well."
"Language is process and the dictionary a beautiful brocade of paradox…And so, while language is our greatest gift, it is also our gravest. We can speak with one another, but insofar as we are successful, we can only approximate ideas, intentions of significance."
"Everything comes back to ideas harnessed within sounds, utterance. Words are the oldest fossils. Primordial, primeval."
"Books have sedimentary qualities, difficult moments of expertise or resonances, overtones. Every word we use has been trampled on so much. Emerson was right when he said that every word was once a poem. Each word is so completely evolved, evolving, used, overused, that for a writer to assemble them in a way that is somehow innovative, audacious, fulfilling, suggestive, represents an enormously dynamic event. The whole idea borders on hubris—but we enter the fray because for all the weaknesses and failed moments in any text, there are those incidents of epiphany and unexpected insight. That's the reason I remain interested in words, and novels. It's why I do what I do."
"When I inhabit a character, I have the opportunity of seeing the world twice: I, myself, get to see it, but I am also allowed to see it through fictive, narrational eyes, at the same time. So I'll visit a place that already has a resonance for me, a timbre. That's how characters become manifest in me; it's partly through the language that appears when writing."
"It really so often comes down to voice, finding the voice. Once I have the voice that will thread through the story, I am able to enter the labyrinth and see what minotaurs of the mind await me."
"When I worked as a jazz musician back in my twenties, I equally loved soloing and comping behind other soloists. Both involved spontaneous invention, and both involved listening, responding to what others were playing, how they were thinking their ways through the intricate meanings of whatever piece we were improvising. Writing short stories and novels involves soloing; editing is a kind of comping. Each informs and enriches the other."
"Narrative, be it on the scale of a short paragraph or a long novel, is told in words whose origins are ultimately musical. Emerson wrote, Every word was once a poem. And I would suggest that every poem was once a musical phrase."
"To return to the personal, I think one exceptional blessing in being a novelist is that every failure of your life can work to your labor's benefit. You understand your defeats as narrative possibilities. When you're defeated you're defeated, but as a novelist you may learn through exposure to deprivation, failures, sadnesses, emptinesses even, to build from the rubble. You lost, therefore you get to write a sentence."
"My taste in literature, like my taste in music, and even in people, is eclectic. I've never been one to limit myself in my preoccupations, my affections. Which is not to say my taste is chaotic or even all that catholic. Just that for better or worse I manage a wide embrace. Besides Willa Cather, I'm completely devoted to John Donne, for instance, and Yeats. But also William Burroughs and William Gaddis. What these writers have in common, for want of a sharper word, is genius. Originality, dynamism, vision, and a gift for language that's electric."
"I may be overly optimistic or utterly blind, but my view of contemporary American fiction is that it is as rich as ever. Some of the best work is being written in what until recently was considered, at least among the conventional literati, genre fiction. Horror, gothic, mystery, fantasy, fabulism. There are so many stunningly original and serious writers working these fields."
"One of the many reasons the gothic interests me is because, ironically, it is a way of measuring the possibilities of good in humanity. Yes, the focus is on illness as opposed to health. On madness rather than sanity. Dark versus light in every possible way. But through the fictive lens that examines evil we have the chance of refining our understanding of what a fragile, precious thing is good."
"Reality bears the burden of its own weight, and so do the many things we cannot know. The universe is not our fault, yet it's not our accomplishment, either. As writers, we are small recorders, imaginative instruments trying to relate the proximate to the larger idea, the greatest of which we likely cannot and won't be able to understand, because there are so many probable cosmoses passing through us, even as we talk in this space that we recognize, because we can't see around the corner, at least not without mirrors and simulacra. And thus, fiction. I think fiction was my choice because it was the last lot left to me in terms of the idea of a pursuit of how I could know anything that experience and imagination have funneled down, or up, to me, and then revisit it in words."
"I do think that much contemporary criticism is stuck in the past and that too many reviewers want those who are exploring ways to revolutionize genre to stick to the rules. I think of them as genre police. They make too many false arrests and lead potential readers astray, keep them caged away from renegades whose work they might well dig reading."
"Again, we cannot see around the corner. Or better, let's say we can. What do we see? Most probably yet another corner. There will always be another corner we can never see around, and that's my best rationale for employing my fiction as a means of examining how the past engages the present, the present the future. Fiction, like that flower, has bite."
"I try to embrace what I feel is somewhat paradoxical and self-contradictory. In a work of art I look for the ineffable, to be so completely combined with the utterly understandable in a way that you don't even notice that they're infiltrating one another, that the organism is dead and very alive at the same time."
"[A]s an empathic writer, I need to be able to work my way into dark places where I can imagine how such a violent moment like that might feel , and express it in words. It is absolutely unsettling to do, and clearly upsetting for some people to read. But it is real, it is impossible to avoid as a writer, and so I don't have much choice if I want to write truthfully."
"We could say that we're the deadly alive."
"We live in memory. We live quite often thinking about what comes next, but there's only a single and momentary instant which is factually now. And basically, once that now has come and gone, our imagination takes over and begins to measure, interpret, and color what just happened. As a writer, I'm very comfortable collapsing time, braiding the present and the past around the narrative thread."
"Process, the acts that occur in between. The fictional moment. The imaginative moment. The moment that is life-giving. These moments are always about the synaptic."
"One of the reasons we write novels is that we're fascinated by the idea of good and evil. They are dichotomous, but inform one another, and what occurs between them is life—morality, good or evil, light or dark, entropy or health, life, death, ethics, up, down, in, out, choice—these distinctions make it inevitable for someone who wants to make narratives which address the extremes and what flows between. Narrative, even antinarrative, is about diastolic/systolic motion."
"I don't think a book closes itself to the reader. The reader owns the possibility of opening the door, and once inside, wandering that mansion of language, it's anybody's guess what will result. The text-reader relationship is one of mutual impact. The reader and writer are in mutual incursion."
"I don't want to write the kind of fiction that leads the reader by the nose, deprivational fiction that withholds some rich excesses of language, unseen deep metaphor, layerings of possible meanings, narrative sleights and overtones, and so forth. By the same token, I do hope my novels find readers who go into them thinking, 'I'm going to reinvent this narrative for myself, word-by-word, idea-by-idea. I'll be faithful to the signifiers and crises, a close and thoughtful reader, but I'm here to participate.' Then the writer's got a collaborator. Ultimately, all art is collaborative. I believe it was Sven Birkerts, in The Gutenberg Elegies, who nicely developed the argument that every reader is ultimately a co-producer, and a novel is projected like an internalized film in your head."
"There's always something more than can ever be realized textually. I know that beyond the peripheries, out in the darknesses beyond the text proper…is a richer universe yet. I like to think there's another narrative hovering just at the extremities of all novels. This, again, is where the reader comes into the mix. It's as if all text is hypertext. All is subject to interpretive interaction."
"A text is ultimately an artificial construction, as we all know. But here's my thought, that gains on the idea of realism: tell me what else is not a so-called fabrication, even in the moment. At the moment someone is reading this interview, tell me they're not inventing, not fabricating, intertextualizing. The whole notion of dividing so-called realism or naturalism from so-called metafiction or nonrealism is more and more, to my mind, reductivist. Where bogusness enters in here is that the 'real' is really 'real' in the arts, whereas we know it is artifice by definition. We don't have to write a manifesto to understand this small idea. When you write a novel, you construct a universe that does and does not exist. An ideational hardness informs every mental picture, but it remains—if you'll pardon the word—'virtual,' a mindscape. Paradoxically, a reader's life can be utterly changed by this string of linguistic particles that comprise sentences, paragraphs, narratives. Every single person who reads it brings the entirety of their knowledge of language, their system of prejudices, their totality of geographic experience, ethnographic experience . . . they make a new novel when they read your book. We, as writers, can do our best managing words and images so that they satisfy us. After that, the reader is fully in control. Gaddis made a great comment in this regard, that once the book is published, that's it. The writer can't go chasing after readers saying, I meant this, I meant that!"
"I've come to believe more and more that the printed word need not come to be in locked battle with the electronic word. They can both serve each other and be valuable in their own right. One should not ultimately triumph over the other, and I don't think it will happen. Learning to use both properly, though, will not be easy. It will be a juggling act for the soul for each of us to recognize that the book is irreplaceable as the fundamental reading tool."
"If you can't empathize and embrace, you can't understand, and if you can't understand, you're on your way to becoming evil."
"And we are all uninnocent, I think, because we are all gifted with nightmares, with occasionally angry thoughts and existential confusion, with the burden and accumulation of our lives watching others do astonishingly wrong things."
"Just as illness and death are the 'normal' outcomes of health and life, the struggle we all face on a daily basis with doing the right thing, the proper thing, the good thing, when it is so much easier to hedge, to veer, to sidestep virtue, is normal. Is human."
John Madera
John Madera is the author of Nervosities (Anti-Oedipus Press, 2024). His other fiction is published in Conjunctions, Salt Hill, The &Now Awards 2: The Best Innovative Writing, and many other journals. His nonfiction is published in American Book Review, Bookforum, The Review of Contemporary Fiction, Rain Taxi: Review of Books, The Believer, The Brooklyn Rail, and many other venues. Recipient of an M.F.A. in Literary Arts from Brown University, New York State Council on the Arts awardee John Madera lives in New York City, Rhizomatic and manages and edits Big Other.
https://bigother.com/author/bigotherbigother/
Rose Metal Press Announces Fourth Annual Short Short Chapbook Contest
Shakespeare's Sonnets in Morse Code
Big Other Contest #1
Three Poems, by Julie Agoos
From the Archives: Seven Poems, by Victoria Redel


Lemon Loaf - Spice it up!
This cake is excellent as a snack. You can freeze individual slices by wrapping them in plastic wrap.
The loaf is also good for a plated dessert by topping a slice of cake with 1 tablespoon of Cool Whip® and a handful of summer berries.


The lecture focuses on core principles that apply to many types of databases alike (relational, graph-based, semantic web). Some important query answering algorithms are presented, too, but otherwise, the details of database implementation and administration are not covered.
An undergraduate-level knowledge of predicate logic, regular languages, and algorithmic and computational complexity is required. The lecture will connect with other topics in the Computer Science and Computational Logic curriculum, such as relational databases, logic programming, and Semantic Web technologies – familiarity with these topics is not required to follow the lecture.
UPDATE: All the three lectures on the 19th of June will take place in room APB 1004.
The weekly lecture sessions will take place on Tuesdays DS2 (9:20 to 10:50) and DS3 (11:10 to 12:40).
The weekly exercise session will take place on Tuesdays DS5 (14:50 to 16:20).
The first exercise session will take place in the second week, i.e., on 17 April 2017.
All sessions will take place in room APB/E005 except for the lectures on the 19th of June, which will take place in room APB 1004.
This course has first been taught at TU Dresden in the form of the 2015 lecture Foundations of Databases and Query Languages. The plan for this year's course will be very similar.
The structure of some of the lectures of this course is inspired by the course Theory of Data and Knowledge Bases in the version given by Georg Gottlob and Thomas Lukasiewicz at the University of Oxford.
Serge Abiteboul, Richard Hull, Victor Vianu: Foundations of Databases. Addison-Wesley. 1994.
The book is available for free from its webpage, but there are also copies in the library.
Accessible introduction to complexity theory that covers all topics of computational complexity that the lecture touches upon.
Evgeny Dantsin, Thomas Eiter, Georg Gottlob, Andrei Voronkov: Complexity and expressive power of logic programming. ACM Computing Surveys, 33:3, pp 374-425, 2001.
Diese Seite wurde zuletzt am 18. Juli 2018 um 14:20 Uhr bearbeitet.


text:
Deltophora typica is a moth of the family Gelechiidae. It is found in south-western Africa, South Africa, Zimbabwe and Mozambique.

The length of the forewings is 4.5-5.5 mm. The forewings are ochreous, with dark brown markings. In southern Africa, adults are on wing year-round. In Nigeria, adults have only been collected in January and October.

References

Moths described in 1979
Deltophora
Taxa named by Klaus Sattler

redpajama_set_name: RedPajamaWikipedia


text:
package bysykkel

import (
	"encoding/json"
	"io/ioutil"
	"net/http"
	"time"
)

// Stations contains all the stations config according to ID
type Stations map[int]StationConfig

// Config has the configuration of the stations
type Config struct {
	Stations []StationConfig `json:"stations"`
}

// StationConfig contains the configuration of a station
type StationConfig struct {
	ID            int           `json:"id"`
	Title         string        `json:"title"`
	Subtitle      string        `json:"subtitle"`
	NumberOfLocks int           `json:"number_of_locks"`
	Center        coordinates   `json:"center"`
	Bounds        []coordinates `json:"bounds"`
}

type coordinates struct {
	Latitude  float64 `json:"latitude"`
	Longitude float64 `json:"longitude"`
}

// GetStations gets the stations near you
func GetStations(key string) Stations {

	var netClient = &http.Client{
		Timeout: time.Second * 10,
	}

	req, err := http.NewRequest("GET", "https://oslobysykkel.no/api/v1/stations", nil)
	if err != nil {
		panic(err)
	}
	req.Header.Add("Client-Identifier", key)
	resp, err := netClient.Do(req)
	if err != nil {
		panic(err)
	}

	body, err := ioutil.ReadAll(resp.Body)
	if err != nil {
		panic(err)
	}

	var c Config
	err = json.Unmarshal(body, &c)
	if err != nil {
		panic(err)
	}

	stations := make(Stations)
	for _, config := range c.Stations {
		stations[config.ID] = config
	}

	return stations

}

redpajama_set_name: RedPajamaGithub


text:
Supply Chain: Spreading the Love with Farm Fresh's Market Mobile
For years, this non-profit has been widening public access to fresh, local products across New England.
By Cassandra Landry· 10/22/2013, 12:50 p.m.
Map via farmfresh.org
It's easy to assume that just because something was grown within a 50-mile radius of where you're standing, it should be a breeze to get that arugula, or that fresh cheese, or that Sungold tomato, on your plate at your favorite watering hole. It's local! Simplifying things by going to our neighbors, instead of a far-flung locale, is the whole point. Right?
The short answer is that in real life, with its busy schedules and invoices and fluctuating markets, those products are not always so accessible. It needs a way to get to you, or you to it.
Enter Farm Fresh Rhode Island, a non-profit that's been in the getting-it-to-you business since 2004. Their mission? Widening public access to fresh, local foods across the region. In addition to running farmer's markets and nutrition education programs, they also operate the equivalent of a chef's proverbial candy store: Market Mobile.
"We're very lucky that there are so many great farms and chefs in the area that have been working together for years," says Hannah Mellion, Farm Fresh's program director of food system enterprises. "Starting in 2007 and 2008, we had farmers and chefs start coming to us and saying 'We're really looking to work together, but there's got to be an easier way.'"
Small farms want to work with restaurants, but making deliveries on a weekly basis is sometimes next to impossible, she explains. Chefs want to work with those farms, but it gets difficult having so many people show up at the back door clutching individual invoices.
This need for a middle man—someone to smooth the transactional hiccups and bridge the gap between the field and the kitchen's walk-in—was the genesis for Market Mobile, which launched in 2009. These days, they serve anywhere from 50 small farms and more than 100 restaurant clients across New England on a weekly basis.
One such client is jm Curley chef Sam Monsour, who says the ability to order from such a wide swath of producers at one time makes working with Farm Fresh an obvious choice. Not only that, but by joining the growing collaborative of chefs and farmers through his orders, he's furthering a hyper-local connection with those who make the kind of food he wants to cook possible.
"You pick out a few things here and a few things there, and before you know it, you've met the minimum," he says. "I've never heard of most of these farms, and I've never seen them on any menus around Boston. I think it's in everybody's interest to change that."
Diversifying the landscape of purveyors is something that has become increasingly more important as seasonality, and a subsequent demand for the locally grown, reaches a fever pitch. Market Mobile lays the region's bounty at the digital feet of the chef, all just one click away. They deliver twice a week, and give a rare 24-hour window to place orders.
"The variety of products that are available to them is crucial," Mellion says. That being said, they do try to maintain a balanced mix of farms and offerings so that it's worthwhile for everyone to be a part of the program. Presenting too many versions of the same thing helps no one.
Products range anywhere from staples—fruits, vegetables, meat, cheese, eggs, and dairy—to the specialty items like sodas and seltzers from a bottler in North Providence. By the end of the year, they expect about $2 million worth of local food will be moving through their entire system, a massive increase over their first couple of years.
"Demand really builds supply in this case," Mellion says. "The more demand there is for products in the winter, the more farmers are putting up greenhouses and experimenting with extending their season. It's great to see so many farms be able to do that."
"This is about how you get your food everyday," she adds. "Having a system that makes it so easy helps local, seasonal food becomes the norm."
Mellion describes Farm Fresh as a "food hub," an organization that manages and encourages the distribution of local products in an effort to strengthen the area's food system. A quick Google search of that term brings up millions of results, crisscrossing the whole country, city by city.
"We're seeing a growing interest in food hubs right now, and what an alternative distribution system really looks like. It's been great to show that this is economically viable," she says. "Plus, helping farms keep farming is really wonderful, and so is giving people a way to engage with our food system, whether directly or indirectly."
To take advantage of Farm Fresh's massive directory for all things locally grown, visit farmfresh.org.
Where to Warm Up with Hot Cocktails around Boston
Pizza Party!

redpajama_set_name: RedPajamaCommonCrawl


Ross Greenwood speaks to retired Emirates A380 Pilot, James Nixon, who says the Addis Ababa airport is "one of the trickiest airports in the world to fly in and out of" after 149 passengers and eight crew members onboard the Ethiopian Airlines flight bound for the Kenyan capital, Nairobi died.
Ross Greenwood: I want to start the program today by talking about that terrible airline crash in Ethiopia that's making the news. The Boeing 737 max 8 aircraft. This is the second of these brand new variety of aircraft that have crashed after an Indonesian airliner crashed last year which has raised the safety alarm, because here in Australia Virgin has ordered 30 of these planes. China also has grounded these planes in its own nation as well. Now one person that we go to for aviation matters is the former Emirates A380 pilot, an Ex-Bhutanese James Nixon, now retired. He's on the line right now. James, many thanks for your time.
James Nixon: My pleasure, Ross. I'm very sad to be speaking to you again under this circumstance.
Ross Greenwood: It is always a sad issue, but of course aircraft safety is paramount for people who take it for granted that they can get on and off aircraft on any day of the week. Just explain, in the event of a safety issue cropping up in terms of what takes place with that airline, with those particular aircraft. The types of vetting of these accidents we know is significant. Just explain the process.
James Nixon: Okay. Well, let me just say I used to fly in and out of Addis Ababa airport from Dubai with Emirates on A330 and also A340s. I'm fairly up to speed on this airport. Which is one of the trickiest airports in the world to fly in and out of, because it's so high, it's about 7,600 above sea level. Air molecules are fairly far apart. The planes don't perform as they do at sea level and also you get very hot temperatures there. The density altitude of the aircraft is clearly high and makes it tricky flying. Also, they've got a big bird problem there at the airport and they've also got mountains nearby. Volcanic area, it's very close to the Rift Valley. These Ethiopian pilots are really good. This is not a case of a Mickey Mouse airline with suspect pilots in command, we're talking Ethiopian Airlines, is the largest airline in Africa. They were the launch customer for the 787 outside Japan. That was the third company to ever get the Boeing Dreamliner 787 and as launch customer in Africa of this 737 max. They are really up to speed and really good at their job. For these guys to get caught out has really shocked and stunned the piloting community. I know a guy who was talking to us. A 777 pilot who was lining up behind these guys when they took off. They took off normally and then he immediately heard them say on the radio that they were declaring an emergency, they had unreliable airspeed and they were having trouble controlling the aircraft. Then they transferred them over to the next frequency and that's all my friends heard. We know they've got an unreliable airspeed problem and that similar to what happened to Lion Air. That's all we can say at this time and it looks like it's been replicated, the same sort of accident that happened in Indonesia, except this time instead of plunging into the sea, it has plunged into land and it's gone in pretty much straight down. There's a huge crater, the debris is available for investigators to quickly get hold of.
Ross Greenwood: I did know today that the Virgin Independent Pilots Association, they have 30 of these aircraft on order. Captain John Lyons, retired who is the president of the Virgin Independent Pilots Association has said that it continues to have the utmost confidence in the Boeing 737 and the rigorous training Virgin Australia provides its pilots. We look forward to its introduction at Virgin Australia as it brings outstanding commercial advantages to the airline and enhanced customer appeal. Just explain form of the outstanding commercial advantages that this particular aircraft brings to an airline such as Virgin Australia?
James Nixon: Well, it's cheap and that's the reason why all the airlines 5,110, I think, have been ordered already, 350 delivered. It's new generation. Using all the latest technology. What Boeing have done is it got an aircraft that was certified in 1967 completely changed it, they keep changing it, keep changing it, but they keep making additions to the original design in effort to try and counter the Airbus, the new Airbus NEO A320. They came out with this Boeing 737 with large efficient engines. In so doing, this has meant that the engines have to be moved further forward to fit them under the wing. This is causing a problem with the airplane when it gets close to the stalling angle. Someone has come up with a nifty idea of putting some software in that automatically lowers than those of the aircraft and prevents a stall. Unlike the Airbus product where the philosophy of the company has always started with this slide by wire protection system, it appears that this is a bolt-on system. We're going to hope that these guys get this right eventually. No doubt that they will. They certainly will be working as fast as they can to find a fix for it. The mistake they made was they told the engineering departments, because they had to because of the differences to this aircraft, but no one bothered to tell the pilots. The pilots were not aware of this new system being put in the airplane. That's really bad news, because when pilots have troubles, they want to disconnect stuff and fly like a Cessna. On all the airbuses you press a red button on the side stick and you can fly it like a Cessna. All their buses can do that and so could all Boeings until this one has come along. It's really shocked and stunned the industry. Yes, it looks like Virgin will be picking up there 30 aircraft, but there certainly will be fixed long before anyone from Virgin is to fly one.
Ross Greenwood: I tell you what's interesting to note that James, because again going back to captain John Lyons from the Virgin Independent Pilots Association, he is also collaborated what you have said and said under similar circumstances the crewmen the Lion Air accident appear to have lost control of the aircraft and we're allegedly not notified of updated flight control software during the introduction of the new type to the airline. Which you have described so concisely for us. It's going to be an interesting, now, process as to what takes place at Boeing to make certain that not only a pilot is informed as to what's taking place with his flight control software, but also that there is confidence in the passengers and the airlines to take these through to their fulfillment. James Nixon, as I said, former Emirates pilot with the A380, now retired. Absolutely brilliant in his time on these aviation matters. James, I do trust we'll speak on much happier circumstances next time, but I do appreciate your time this evening.
James Nixon: My pleasure Ross and I hope so. Thank you very much.
Next: Is there support for a QLD coal-fired power station?


« BACK TO THE FUTURE – Part 1 Europe has changed – We can't put Humpty together again.
In the previous article I highlighted how UK politicians have become so entrenched in their insular debate that they are effectively ignoring the significant changes sweeping Europe.
One can argue that our MPs primary focus has become to smash the other side rather than look at what is best for the country. So perhaps they should take some time to look beyond these shores and see how the politics are lining up.
Congratulations! We are staying in! Enjoy the champagne because tomorrow a decades long hangover begins.
After the initial euphoria of Remain the long slog begins. The EU will be happy with those individuals who fought for it but the UK as a whole can only even be viewed with suspicion, non U, a country on the periphery.
Only the big jump to Schengen, currency and total integration can change this and perhaps not even then, we are gens non grata. Much as Remainers like to tell Leavers they own Brexit, Remainers will now own Bremain. That will not be a comfortable position especially as the rest of the EU will be telling you to be on best behaviour and not let the side down.
For a start off the core countries and the Commission will continue to push for more integration irrespective of British sentiment. It is inevitable that at some point the nation's sacred cows will be ordered to the abattoir something a surly unbelieving electorate will baulk at.
This will be worse if the EU follows its normal modus operandi of ignoring dissent or judicial sleight of hand. The EU has few active advocates in our political classes and lots of foot dragging ones. Remain will not stop the Europe headaches it will simply spread it across the political spectrum.
52% of the population voted to Leave. If the politicians reverse that choice British politics will change. This was one of the few times the have nots beat the haves. The establishment threw everything into its campaign and lost now they will have fixed the outcome.
And that bad way might just be the future. Across Europe the voters are not happy; a much larger Eurosceptic bloc seems on the cards for the next EU parliament. Traditional parties are struggling to maintain support even in national elections, in a protest vote for Europe this could get much worse.
Ironically in remaining, a sceptical UK vote could make this problem even more acute. Already the ghosts of Nigels past are stirring and they have been presented with a rich new seam of discontent to mine.
Summing up if Remainers get their wish they will need to work hard to keep the public on side this is an uphill and thankless task. They own all the problems and get little thanks for the successes.
Commiserations! You snatched defeat from the jaws of victory. But cheer up there has never been a better time to be in Europe. You can party like it's 1945.
The days when the EU Parliament was filled with project zealots may soon be coming to an end. In just about every European country there is now a sizeable bloc of Eurosceptics. The days when sceptical Brits were something of an oddity are behind us. To succeed however Leavers need to understand European Eurosceptics quite often like the EU.
What they don't like is the commission and its incessant need to boss countries around. If Leavers understand that, then major reforms of the EU may at last be possible and the Commission and its desire for closer union brought closer to the will of European electorates. Even in the core countries politicians are struggling to stay the pace with Macron's France looking the weakest link. The inevitability of Union is no longer quite so inevitable.
The European parliament will in all events get a meaningful opposition rather than the traditional stitch up between the EPP and the Socialists. Now oddly might just be the time to have the UK at the centre of those countries who wish to change direction. While Remainers from UK are beyond the pale to core countries, in scepticland Leavers have kudos from having upset the whole apple cart.
One thing the sceptics can be certain of is that the commission will continue to feed them issue that upset the voter. Partly it is what comes with having to govern but it is also the style of an establishment that has been used to getting its own way. Time to buy a yellow jacket.
Finally the leavers may just be able to protect the UK national interest assuming our politicians don't give it away. A large curmudgeonly member state who has previous for leaving might just make European politicians think let the sleeping dog lie. This approach will never work with a Remainers PM but with a Leaver that's a different call. In as much as the UK has been through mangle on Brexit, the EU is in poor shape to kick the problem off again, it has too much else on its plate.
So summing up Leavers may actually have an easier time in the EU than Remainers. The winds of change are blowing and suddenly there are more like minded people to work with. If Leavers combine with others Eurosceptics there may actually be a chance to reform the EU. No the same as leaving of course but perhaps more liveable nonetheless.
Whether Remain or Leave though the UK has yet to take full account of the changes of the last two years. Europe will remain a dividing issue more so as the political class has invested so much emotion in to the issue. Time to stop our insular spat and look at what the neighbours have been up to.


text:
extern double AESL_WRAP_sin_taylor_series (
double x);


The Platzspitz is one of the oldest and most historic areas of greenery in Zurich. This large park is situated right in the heart of the city and yet it is remarkably peaceful.
On one side of this triangular park is the Swiss National Museum, right next to the Main Railway Station. Zurich's two rivers, the Limmat and the Sihl, flank the park's length and finally come together at the lower end of the park before continuing on their way as the Limmat River.


text:
Education Act 1989
Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
Print/Download PDF [3.5MB]
Enforcement powers of Authority
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254A Power to obtain information
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, workforce development council, or other body.
The chief executive or a person authorised by the chief executive may, subject to subsection (3),—
by written notice to the Secretary, require the Secretary, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to institutions, being information or documents in the possession of the Secretary, as are specified in the notice; and
by written notice to the chief executive of an institution, require the chief executive, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to the institution as are specified in the notice.
The powers conferred by subsection (2) may be exercised only where the obtaining of the information or documents is necessary for the purposes of the performance of the functions of the Authority.
Compare: 1989 No 80 s 255
Section 254A: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 254A(1): amended, on 1 April 2020, by section 65 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).


Individual health insurance plan is a very important part of your budget. Age does not matter since you can have health issues at any age that may keep you out of work for several months and that may cost hundreds of thousands of dollars. Here are some of the most frequent questions asked by people when looking for an individual health insurance plan.
•Why do I need health insurance when I am single?
You should always have health insurance to protect yourself no matter what your financial situation is. If you develop a serious health condition or you have a surgery, your insurance will protect you from paying hundreds of thousands of dollars for medical bills from your pocket.
•Is it better to have a policy with high deductibles and pay less money each month or have low deductibles and pay more money each month?
This usually depends on the health of your family and the financial situation you are in. Generally, you can save more money on your insurance plan by having a higher deductible. But if you or your family goes to the doctor frequently then you can consider the insurance plans with lower deductibles.
•Will government help get coverage if I cannot afford one?
The United States passed reform bills for providing bto every American. This policy will be effective from 2014.
A deductible is the part of the bill that is paid by you and the rest of the bill will be paid by the insurance company. For example, in your health insurance plan, if your deductible is $100 and your medical bill will be $800 then you will pay hundred dollars and the rest $700 will be paid by the insurance company.
•What are the drawbacks of high deductible insurance plans?
A high deductible plan can lower your insurance cost and by protecting you from large medical bill but you have to pay the initial bills from your pocket until you reach your deductibles. You will be paying 100 percent of the cost for doctor visits, prescriptions and emergency visits.
•Are short term policies a good option?
Short term policies last from one month to up to a year. When compared to regular insurance, you can get short term policies easily but these policies will not cover pre-existing conditions within last five years.
The best low cost insurance will include protection against full surgeries and it will also keep the monthly premium low thus, avoiding the burden on your budget. By just entering the zip code you, can find the best low cost insurance quotes and policies that suits you.


text:
Arecibo radio telescope, an icon of astronomy, is lost
By Meghan Bartels published 19 November 20
Arecibo Telescope's illustrious scientific career is over.
Arecibo Observatory's cable-suspended science platform, as seen before damage accrued in 2020. (Image credit: UCF)
The National Science Foundation (NSF) will decommission Arecibo Observatory's massive radio dish after damage has made the facility too dangerous to repair, the agency announced today (Nov. 19).
The announcement came as scientists awaited a verdict about the fate of the iconic observatory after damage to the complex cabling supporting a 900-ton science platform suspended over the dish. In August, a cable slipped out of its socket, but engineers evaluating the situation deemed it stable; earlier this month, a second cable unexpectedly snapped, leaving Arecibo's fate much more perilous. After considering three separate engineering reports, the NSF, which owns the property, has decided the facility is unstable enough that there is no way to repair the damage that does not put personnel at undue risk.
"Our goal has been to find a way to preserve the telescope without placing anyone's safety at risk," Sean Jones, assistant director for the Mathematical and Physical Sciences Directorate at the NSF, said in a news conference today. "However, after receiving and reviewing the engineering assessments, we have found no path forward that would allow us to do so safely. And we know that a delay in decision making leaves the entire facility at risk of an uncontrolled collapse, unnecessarily jeopardizing people and also the additional facilities."
Related: Losing Arecibo Observatory would create a hole that can't be filled, scientists say
"The telescope is currently at serious risk of an unexpected, uncontrolled collapse," Ralph Gaume, director of NSF's Division of Astronomical Sciences, said. "According to engineering assessments, even attempts of stabilization or testing the cables could result in accelerating the catastrophic failure. Engineers cannot tell us the safety margin of the structure, but they have advised NSF that the structure will collapse in the near future on its own."
Safety concerns loom
During the news conference, officials emphasized that the decision was based on prioritizing safety, not a reflection of the scientific work that Arecibo has done over the past decades or could continue to do in the future, and that some hoped-for science will be lost with the facility.
"This decision has nothing to do with the scientific merits of Arecibo Observatory," Gaume said. "That is not a consideration. It's all about safety."
Guame added that the agency will work with scientists who had been planning to use the Arecibo telescope and its other facilities in order to relocate those planned research projects wherever possible. However, the facility was unique, particularly in its radar capability, which was heavily used to study near-Earth asteroids and other solar system objects.
"Some of the Arecibo science will transfer; some of it will not," Gaume said.
The officials also emphasized that if they can manage to decommission the telescope in a controlled manner, the other assets at Arecibo Observatory — primarily, the visitor center, an atmospheric science instrument on site and a second atmospheric tool on the neighboring island of Culebra — should survive.
A drone view of damage to a cable at the Arecibo Observatory in Puerto Rico captured after a second cable failed on Nov. 6, 2020. (Image credit: Courtesy of the NAIC - Arecibo Observatory, a facility of the NSF)
Collapse threat a challenge for decommissioning
Both of the failed cables on Arecibo were connected to the same support tower. An engineering analysis completed after the second cable failed in November found that if one more cable on that tower, dubbed Tower 4, failed, the platform would collapse into the dish and likely cause the towers to topple. And because the cable support system is already so fragile, the engineers didn't see any way to safely evaluate the situation in more detail, much less stabilize it.
"What we're challenged with is a structure for which we don't understand the safety margins, the engineering approaches to better understand the safety margins involve considerable risk, and the engineering approach to repair the structure appears to be highly unsafe."
That means the situation is volatile enough that the NSF can't guarantee the telescope will be decommissioned in a controlled manner. Gaume and Ashley Zauderer, the program director for Arecibo Observatory at the NSF, said that the agency has hired engineers to develop a plan for a controlled decommissioning. Creating that plan and gathering the necessary approvals for it will take multiple weeks, they added.
The officials also declined to provide an idea of what that strategy would look like, although they mentioned the potential for helicopters or explosives to be considered.
In conjunction with the news conference, the NSF provided an engineering report from the firm leading the analysis of Arecibo Telescope after the second failure, which offers little more detail about the facility's fate.
An image showing damage to Arecibo Telescope's massive dish after a cable slipped out of its socket in August 2020. (Image credit: UCF/AO)
"We believe the structure will collapse in the near future if left untouched," John Abruzzo, managing principal of Thornton Tomasetti, wrote. "Controlled demolition, designed with a specific collapse sequence determined and implemented with the use of explosives, will reduce the uncertainty and danger associated with collapse."
The severity of the situation stems from both the fact that two cables have already failed, and the way three separate engineering consultants were caught off-guard by the second failure. "The three expert companies that we brought in didn't provide any input or any inkling that there was an issue," Gaume said of the main cables after the August failure.
"It is, I think, just truly unfortunate that this main cable failed before we had a chance to get things stabilized," Zauderer said.
The NSF officials said that right now, their priority is focused on safely decommissioning the radio dish and protecting as much of the other facilities on-site as possible. But they did emphasize that they are not decommissioning Arecibo Observatory as a whole, that they recognize the facility's importance in Puerto Rico, and that in the long term, they want to ensure the future of the site and the science that it has fostered for decades.
"We're discussing the decommissioning of a structure made of steel and cables, but it truly is the people on that have the ideas," Zauderer said. "It's the idea of discovery that led to the construction to start with, it's the passion of the people that work at the observatory … to continue to explore, to learn, that is the true heart and soul of Arecibo."
"It's not the telescope that's the heart and soul, it's the people."
Email Meghan Bartels at mbartels@space.com or follow her on Twitter @meghanbartels. Follow us on Twitter @Spacedotcom and on Facebook.
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Huge Tonga underwater volcano eruption captured in stunning satellite video


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Introducing Moot Court
by Jubaida Sakin · Published March 8, 2018 · Updated May 21, 2018
Moot court is one of the crucial extracurricular activities in many law schools. Moot courts have been around since the late 1700s.[1] Students participate in moot court in preparing and arguing cases in front of judges.[2] This practice of 'mooting' has survived and evolved over a half millennia and is still widely used as a teaching tool in universities all over the world.[3] According to Oxford and Chambers dictionary; the term 'moot' means to propose for discussion; argue for practice; a matter about which there may be disagreement or uncertainly.[4] The moot 'court' reflects a courtroom scenario in reality.[5] A moot court competition simulates a court hearing in which participants analyses a problem, research the relevant law, prepare written submissions, and present oral argument.[6]
Ambassador Bernicat congratulated the finalists and coaches from the Bangladesh National Round of the 2018 Phillip C. Jessup International Moot Court Competition. [Author: 2nd one from left]
Steps in Moot Court Competition
Moot competitions are a great way to connect with the legal profession and build advocacy skills.[7] There are some stages or steps in mooting or moot court competition which are stated briefly as follows:
Moot Problem: A moot problem is a pre-drafted factual situation in which a point or points of law are in dispute.[8] Usually these are typically set in areas of law that are unsettled or that have been subject to recent developments.[9] Moot problem is constructed in a manner that consists of facts or ingredients for both parties.
Memorials: In a moot court competition, the Counsels, have to prepare memorials (written submission, i.e. petitions) on behalf of plaintiff and defendant, or, complainant and respondent and both, as the case may be.[10] The task of each team is to support the side of the argument with which it has been presented.[11] This responsibility is primarily vested on the part of the researcher/s of the team who prepares written arguments in the light of case laws, provisions, statutes, institutional writings and legal principles. A memorial contains cover; table of contents; index; index of authorities; statement of jurisdiction; statement of facts; summary of pleadings; body of pleadings; and conclusion/prayer for relief. Depending on the competition, students may spend a semester researching and writing the memorials.[12] The research and writing involved in preparing the written memorials are a crucial element of success in mooting competitions.[13]
Oral Submission: The oral submission is the most exciting part moot court competition. A moot usually consists of two speakers known as Mooters. Mooters (sometimes called counsels or agents) present arguments for or against the case during the competition. Counsels are required to present their arguments within a set time-limit.[14] There must be reflection proper research as to the legal and factual knowledge upon the specific matter. Knowledge and application of lawis tested, with an objective to check the depth over the subjects involved in the moot problem; answer to court questions, to check the thoroughness of the "Counsel" over the subjects and his degree of 'alert' intelligence; advocacy or presentation, to check his overall skills as lawyer and perusal of facts and perusal of memorials, again to check the presence of mind and depth of study of the 'Counsel'.[15] Mooting is not the same as public speaking or debating rather is a specialized application of the art of persuasive advocacy.[16]
Gaining mooting experience provides a positive impact on participant's future career.[17] Mooting also helps to build confidence in public speaking, general research, and presentation skills, which are useful skills you can transfer to most careers.[18] Legal Research is an integral part of learning and practicing the profession of law[19] which is learnt through moot court.
Major advantages of active participation in moot courts[20] are stated in the following:
It is considered as an effective technique of teaching law by means of practical training,
It helps the law students to develop argumentative talent,
Students can learn the court procedures by participating in moot court without attending the courts,
Ithelps the law students to learn the theory of law by way of practical approach,
Itenhances argumentative talent of the law student as well as his presentation skills in a timely manner,
Thisfurther enhances the research skills of the students,
Moot courthelps to develop self-possession, fluency, clarity or enunciation, practice of court procedure, and the art of persuasion and presentation of moot problem,
Thishelps the student to develop the ability to argue for the party with Court etiquette,
Moot courtwill also help the law students to learn the duties of an advocate,
It further, helps the student to develop their presentation skills as well as court mannerisms.
Participating in moot court can also provide a unique bonding experience between the members of the team and give them a mini-support system during law school.[21] In short, Moot Court helps in learning the procedures that we learn in real courts (although in restricted conditions).[22]
[1] Michelle Fabio, "What Is Moot Court?", Updated August 24, 2017, accessed March 7, 2018, https://www.thoughtco.com/what-is-moot-court-2154874.
[3] History of mooting, accessed March 3, 2018, https://bond.edu.au/intl/current-students/opportunities/mooting-bond/what-mooting.
[4] LAWZ MAGAZINE, "Moot Court- Significance in the Legal Education", accessed February 7, 2018, http://lawzmag.com/2015/10/24/moot-court-significance-in-the-legal-education/.
[5] Oxford University Press, "What is mooting?", accessed March 1, 2018, https://global.oup.com/ukhe/mooting/whatismooting/?cc=gb&lang=en&.
[6] University of Oxford, Mooting: What is it and why take part?, accessed February 17, 2018, https://www.law.ox.ac.uk/current-students/mooting-oxford/mooting-what-it-and-why-take-part.
[7] University of Tasmania, "What is Mooting?", accessed February 12, 2018, https://utas.libguides.com/mooting.
[8] University of Aberdeen, "What is Mooting?", accessed March 1, 2018, https://www.abdn.ac.uk/law/student-activities/a-guide-to-mooting-136.php.
[9] University of Oxford, "Mooting: What is it and why take part?", accessed March 7, 2018, https://www.law.ox.ac.uk/current-students/mooting-oxford/mooting-what-it-and-why-take-part.
[10] LAWZ MAGAZINE, "Moot Court- Significance in the Legal Education", accessed February 12, 2018, http://lawzmag.com/2015/10/24/moot-court-significance-in-the-legal-education/.
[11] University of Aberdeen, "What is Mooting?", accessed March 3, 2018, https://www.abdn.ac.uk/law/student-activities/a-guide-to-mooting-136.php.
[12] Dr. Kudrat-E-Khuda, "The importance of moot court for law students", the daily Independent, 18 January, 2017, accessed March 7, 2018, http://www.theindependentbd.com/printversion/details/76930.
[13] Bond University, "what is mooting", accessed March 7, 2018, https://bond.edu.au/intl/current-students/opportunities/mooting-bond/what-mooting.
[16] University of Oxford, "Mooting: What is it and why take part?", accessed February 15, 2018, https://www.law.ox.ac.uk/current-students/mooting-oxford/mooting-what-it-and-why-take-part.
[17] Oxford university press, "What is mooting?", accessed March 6, 2018, https://global.oup.com/ukhe/mooting/whatismooting/?cc=gb&lang=en&.
[20] Learning the law, "Importance of Moot Courts in legal education", accessed March 7, 2018, http://www.learningthelaw.in/2016/08/importance-of-moot-courts-in-legal.html.
[21] Michelle Fabio, "What Is Moot Court?", Updated August 24, 2017, accessed February 18, 2018, https://www.thoughtco.com/what-is-moot-court-2154874.
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Jubaida Sakin is a legal activist. She has persuaded her LL.B. and LL.M. from Eastern University.
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Publishing of Valmet's Interim Review for January-June 2016 on July 28, 2016
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Valmet Oyj's stock exchange release on July 13, 2016 at 9:45 a.m. EET
Valmet's Interim Review for January 1 - June 30, 2016 will be published on Thursday, July 28, 2016 at approximately 2:00 p.m. Finnish time (EET). The stock exchange release and presentation material in Finnish and in English will be available at that time on Valmet's website at www.valmet.com/investors.
News conference for analysts, investors and media
Valmet will arrange a news conference in English for analysts, investors, and media on Thursday, July 28, 2016 at 4:00 p.m. Finnish time (EET). The news conference will be held at Valmet Head Office in Keilaniemi, Keilasatama 5, 02150 Espoo, Finland. President and CEO Pasi Laine and CFO Kari Saarinen will be presenting at the news conference.
The news conference can also be followed through a live webcast at www.valmet.com/webcasts. The live webcast starts at 4:00 p.m. (EET). A recording of the webcast will be available shortly after the event at the same address.
It is also possible to take part in the news conference through a conference call. Conference call participants are requested to dial in at least five minutes prior to the start of the conference, at 3:55 p.m. (EET), at +44 1452 560304. The participants will be asked to provide the following conference ID: 30049930.
During the webcast and the conference call, all questions should be presented in English. After the webcast and the conference call, media has a possibility to interview the management in Finnish.
The event can also be followed in Twitter at www.twitter.com/valmetir.
Further information, please contact:
Hanna-Maria Heikkinen, Vice President, Investor Relations, Valmet, tel. +359 10 672 0007
For media: Anu Salonsaari-Posti, Senior Vice President, Marketing & Communications, Valmet, tel. +358 10 672 0033
Kari Saarinen
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Valmet's strong technology offering includes pulp mills, tissue, board and paper production lines, as well as power plants for bioenergy production. Our advanced services and automation solutions improve the reliability and performance of our customers' processes and enhance the effective utilization of raw materials and energy.
Valmet's net sales in 2015 were approximately EUR 2.9 billion. Our 12,000 professionals around the world work close to our customers and are committed to moving our customers' performance forward - every day. Valmet's head office is in Espoo, Finland and its shares are listed on the Nasdaq Helsinki.
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Carnival Cruise Lines has provided many people some of their favorite vacation memories.
It was the cruise of a lifetime for some people until they realized something was dreadfully wrong. Many had managed to don their lifejackets before the electricity went out. That's when the hours of making the wrong types of memories began. It was a nightmarish time especially after it was learned that some of the people on board had died. Still, as they exited the ship, they shook the hand of the captain and thanked him for his efforts.
That was 2010. The ship was the Splendor, a Carnival ship that had an onboard fire. A fire at sea is one of the most dreaded events for sailors. That's why you will not have a candlelight dinner even on the most luxurious liners. No flames are allowed. In this case the captain stood his post, did everything possible to manage the situation and, as a result, received the gratitude of the passengers.
What about the more recent event in Italy on the Costa Concordia? It is one of the starkest examples of poor leadership in modern history.
The details will not be known for some time but some of the early reports give us insight into what took place. How do these relate to your leadership situation?
ORGANIZATION This was not a Carnival corporate problem. As the event with the Splendor demonstrates, the organization has protocols for different situations, especially those that involve safety.
Does your organization have a Plan B for events that might occur? How would you manage your employees and your customers if you experienced a catastrophic event?
INDUSTRY The entire cruise industry, including Carnival's competitors, is concerned that this event will cause them to lose business. How will you differentiate yourself from competitors who have just had catastrophic events?
How can you emerge as a trustworthy vendor when others in your industry are coming up short?
ATTITUDE The personality of an organization is a direct reflection of the personality at the top. Yes, organizations - and audiences - have personalities. The captain of the Costa Concordia apparently saw little need for emphasizing safety. After years at sea, after all, he had seen few events that would require using the emergency procedures. In fact, the practice lifeboat drill had not been done even though the ship was underway. The crew seemed to be unprepared for any aspect of the emergency.
As a leader, everything you do is magnified and everything you say is amplified. What do your people think is important to you?
PRE-PREPARED Do you listen to the safety announcements on the airplanes when you fly? Me neither. After five million miles I think I could probably do the announcements for them without a script. The few air emergencies I've been in taught me that all those messages actually come to mind when needed. They have been drilled into my head to the point that they will come to mind when the situation arises.
Ask your team members, "What would you do if _______ ?" See what comes to mind for them. You will find out how pre-prepared they are.
ARROGANCE "I will be able to handle it" are the famous last words of too many people. The truth is, we don't know what we can handle until we face it head-on. Training and practicing can make the difference between success and failure. That's why I stress pre-call planning and role playing as much as I do.
The middle of a crisis in the wrong time to try and figure out what we're supposed to do.


An application can test whether the currently signed-in user is a registered administrator for the application. An administrator is a user who has the Viewer, Editor, or Owner primitive role, or the App Engine App Admin predefined role.
The function users.is_current_user_admin returns True if the current user is an administrator for the application.


Features gospels, spirituals, ethnic benedictions, chants, and songs from the African-American Liberation that reflect black heritage and traditions and the contemporary black experience. *Accompanist's Edition.
A Buddhist teacher brings the message and tenets of the religion to a larger audience through a collection of simple stories and anecdotes that seek to imply rather than tell the reader the Buddha's wisdom. Reprint. PW.


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eLaws | Code of Federal Regulations | United States Code |
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Crutcher v. Kentucky , 141 U.S. 47 ( 1891 )
141 U.S. 47 (1891)
CRUTCHER
KENTUCKY.
Supreme Court of United States.
Argued March 19, 1890. Decided May 25, 1891. ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY.
*52 Mr. W.W. Macfarland for plaintiff in error.
Mr. James P. Helm (with whom was Mr. Helm Bruce on the brief) for defendant in error.
*56 MR. JUSTICE BRADLEY, after stating the case, delivered the opinion of the court.
We regret that we are unable to concur with the learned Court of Appeals of Kentucky in its views on this subject. The law of Kentucky, which is brought in question by the case, requires from the agent of every express company not incorporated by the laws of Kentucky a license from the auditor of public accounts, before he can carry on any business for said company in the State. This, of course, embraces interstate business as well as business confined wholly within the State. It is a prohibition against the carrying on of such business without a compliance with the state law. And not only a license required to be obtained by the agent, but a statement must be made and filed in the auditor's office showing that the company is possessed of an actual capital of $150,000, either in cash or in safe investments, exclusive of stock notes. If the subject was one which appertained to the jurisdiction of the state legislature, it may be that the requirements and conditions of doing business within the State would be promotive of the public good. It is clear, however, that it *57 would be a regulation of interstate commerce in its application to corporations or associations engaged in that business; and that is a subject which belongs to the jurisdiction of the national and not the state legislature. Congress would undoubtedly have the right to exact from associations of that kind any guarantees it might deem necessary for the public security, and for the faithful transaction of business; and as it is within the province of Congress, it is to be presumed that Congress has done, or will do, all that is necessary and proper in that regard. Besides, it is not to be presumed that the State of its origin has neglected to require from any such corporation, proper guarantees as to capital and other securities necessary for the public safety. If a partnership firm of individuals should undertake to carry on the business of interstate commerce between Kentucky and other States, it would not be within the province of the state legislature to exact conditions on which they should carry on their business, nor to require them to take out a license therefor. To carry on interstate commerce is not a franchise or a privilege granted by the State; it is a right which every citizen of the United States is entitled to exercise under the Constitution and laws of the United States; and the accession of mere corporate facilities, as a matter of convenience in carrying on their business, cannot have the effect of depriving them of such right, unless Congress should see fit to interpose some contrary regulation on the subject.
It has frequently been laid down by this court that the power of Congress over interstate commerce is as absolute as it is over foreign commerce. Would any one pretend that a state legislature could prohibit a foreign corporation, — an English or a French transportation company, for example, — from coming into its borders and landing goods and passengers at its wharves, and soliciting goods and passengers for a return voyage, without first obtaining a license from some state officer, and filing a sworn statement as to the amount of its capital stock paid in? And why not? Evidently because the matter is not within the province of state legislation, but within that of national legislation. Inman Steamship Co. *58 v. Tinker, 94 U.S. 238. The prerogative, the responsibility and the duty of providing for the security of the citizens and the people of the United States in relation to foreign corporate bodies, or foreign individuals with whom they may have relations of foreign commerce, belong to the government of the United States, and not to the governments of the several States; and confidence in that regard may be reposed in the national legislature without any anxiety or apprehension arising from the fact that the subject matter is not within the province or jurisdiction of the state legislatures. And the same thing is exactly true with regard to interstate commerce as it is with regard to foreign commerce. No difference is perceivable between the two. Telegraph Co. v. Texas, 105 U.S. 460; Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196, 205, 211; Phila. Steamship Co. v. Pennsylvania, 122 U.S. 326, 342; McCall v. California, 136 U.S. 104, 110; Norfolk & Western Railroad v. Pennsylvania, 136 U.S. 114, 118. As was said by Mr. Justice Lamar, in the case last cited, "It is well settled by numerous decisions of this court, that a State cannot under the guise of a license tax, exclude from its jurisdiction a foreign corporation engaged in interstate commerce, or impose any burdens upon such commerce within its limits."
We have repeatedly decided that a state law is unconstitutional and void which requires a party to take out a license for carrying on interstate commerce, no matter how specious the pretext may be for imposing it. Pickard v. Pullman Southern Car Co., 117 U.S. 34; Robbins v. Shelby County Taxing District, 120 U.S. 489; Leloup v. Mobile, 127 U.S. 640; Asher v. Texas, 128 U.S. 129; Stoutenburgh v. Hennick, 129 U.S. 141; McCall v. California, 136, U.S. 104; Norfolk & Western Railroad Co. v. Pennsylvania, 136 U.S. 114.
As a summation of the whole matter it was aptly said by the present Chief Justice in Lyng v. Michigan, 135 U.S. 161, 166: "We have repeatedly held that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, for the reason *59 that taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress."
We do not think that the difficulty is at all obviated by the fact that the express company, as incidental to its main business, (which is to carry goods between different States,) does also some local business by carrying goods from one point to another within the State of Kentucky. This is, probably, quite as much for the accommodation of the people of that State as for the advantage of the company. But whether so or not, it does not obviate the objection that the regulations as to license and capital stock are imposed as conditions on the company's carrying on the business of interstate commerce, which was manifestly the principal object of its organization. These regulations are clearly a burden and a restriction upon that commerce. Whether intended as such or not they operate as such. But taxes or license fees in good faith imposed exclusively on express business carried on wholly within the State would be open to no such objection.
The case is entirely different from that of foreign corporations seeking to do a business which does not belong to the regulating power of Congress. The insurance business, for example, cannot be carried on in a State by a foreign corporation without complying with all the conditions imposed by the legislation of that State. So with regard to manufacturing corporations, and all other corporations whose business is of a local and domestic nature, which would include express companies whose business is confined to points and places wholly within the State. The cases to this effect are numerous. Bank of Augusta v. Earle, 13 Pet. 519; Paul v. Virginia, 8 Wall. 168; Liverpool Insurance Company v. Massachusetts, 10 Wall. 566; Cooper Manufacturing Company v. Ferguson, 113 U.S. 727; Phila. Fire Association v. New York, 119 U.S. 110.
But the main argument in support of the decision of the Court of Appeals is that the act in question is essentially a regulation made in the fair exercise of the police power of the State. But it does not follow that everything which the legislature of a State may deem essential for the good order *60 of society and the well being of its citizens can be set up against the exclusive power of Congress to regulate the operations of foreign and interstate commerce. We have lately expressly decided in the case of Leisy v. Hardin, 135 U.S. 100, that a state law prohibiting the sale of intoxicating liquors is void when it comes in conflict with the express or implied regulation of interstate commerce by Congress, declaring that the traffic in such liquors as articles of merchandise between the States shall be free. There are, undoubtedly, many things which in their nature are so deleterious or injurious to the lives and health of the people as to lose all benefit of protection as articles or things of commerce, or to be able to claim it only in a modified way. Such things are properly subject to the police power of the State. Chief Justice Marshall in Brown v. Maryland, 12 Wheat. 419, 443, instances gunpowder as clearly subject to the exercise of the police power in regard to its removal and the place of its storage; and he adds: "The removal or destruction of infectious or unsound articles is, undoubtedly, an exercise of that power, and forms an express exception to the prohibition we are considering. Indeed, the laws of the United States expressly sanction the health laws of a State." Chief Justice Taney in the License Cases, 5 How. 504, 576, took the same distinction when he said: "It has, indeed, been suggested, that, if a State deems the traffic in ardent spirits to be injurious to its citizens, and calculated to introduce immorality, vice and pauperism into the State, it may constitutionally refuse to permit its importation, notwithstanding the laws of Congress; and that a State may do this upon the same principles that it may resist and prevent the introduction of disease, pestilence and pauperism from abroad. But it must be remembered that disease, pestilence and pauperism are not subjects of commerce, although sometimes among its attendant evils. They are not things to be regulated and trafficked in, but to be prevented, as far as human foresight or human means can guard against them. But spirits and distilled liquors are universally admitted to be subjects of ownership and property, and are therefore subjects of exchange, barter *61 and traffic, like any other commodity in which a right of property exists."
But whilst it is only such things as are clearly injurious to the lives and health of the people that are placed beyond the protection of the commercial power of Congress, yet when that power, or some other exclusive power of the Federal government, is not in question, the police power of the State extends to almost everything within its borders; to the suppression of nuisances; to the prohibition of manufactures deemed injurious to the public health; to the prohibition of intoxicating drinks, their manufacture or sale; to the prohibition of lotteries, gambling, horse-racing or anything else that the legislature may deem opposed to the public welfare. Bartemeyer v. Iowa, 18 Wall. 129; Beer Company v. Massachusetts, 97 U.S. 25; Fertilizing Co. v. Hyde Park, 97 U.S. 659; Stone v. Mississippi, 101 U.S. 814; Foster v. Kansas, 112 U.S. 201; Mugler v. Kansas, 123 U.S. 623; Powell v. Pennsylvania, 127 U.S. 678; Kidd v. Pearson, 128 U.S. 1; Kimmish v. Ball, 129 U.S. 217.
It is also within the undoubted province of the state legislature to make regulations with regard to the speed of railroad trains in the neighborhood of cities and towns; with regard to the precautions to be taken in the approach of such trains to bridges, tunnels, deep cuts and sharp curves; and, generally, with regard to all operations in which the lives and health of people may be endangered, even though such regulations affect to some extent the operations of interstate commerce. Such regulations are eminently local in their character, and, in the absence of congressional regulations over the same subject, are free from all constitutional objections, and unquestionably valid.
In view of the foregoing considerations, and of the well-considered distinctions that have been drawn between those things that are and those things that are not, within the scope of commercial regulation and protection, it is not difficult to arrive at a satisfactory conclusion on the question now presented to us. The character of police regulation, claimed for the requirements of the statute in question, is certainly not *62 such as to give them a controlling force over the regulations of interstate commerce which may have been expressly or impliedly adopted by Congress, or such as to exempt them from nullity when repugnant to the exclusive power given to Congress in relation to that commerce. This is abundantly shown by the decisions to which we have already referred, which are clear to the effect that neither licenses nor indirect taxation of any kind, nor any system of state regulation, can be imposed upon interstate any more than upon foreign commerce; and that all acts of legislation producing any such result are, to that extent, unconstitutional and void. And as, in our judgment, the law of Kentucky now under consideration, as applied to the case of the plaintiff in error, is open to this objection, it necessarily follows that the judgment of the Court of Appeals must be reversed.
The judgment is reversed accordingly, and the cause remanded for further proceedings not inconsistent with this opinion.
THE CHIEF JUSTICE and MR. JUSTICE GRAY dissented.
MR. JUSTICE BROWN, not having been a member of the court when the case was argued, took no part in the decision.
DocketNumber: 828
Citation Numbers: 141 U.S. 47, 11 S. Ct. 851, 35 L. Ed. 649, 1891 U.S. LEXIS 2497
Judges: Bradley, After Stating the Case
Filed Date: 5/25/1891
Precedential Status: Precedential
Modified Date: 5/5/2017
Authorities (28)
Brown v. Maryland , 25 U.S. 419 ( 1827 )
Bank of Augusta v. Earle , 38 U.S. 519 ( 1839 )
Thurlow v. Massachusetts , 46 U.S. 504 ( 1847 )
Paul v. Virginia , 75 U.S. 168 ( 1869 )
Liverpool Ins. Co. v. Massachusetts , 77 U.S. 566 ( 1871 )
Bartemeyer v. Iowa , 85 U.S. 129 ( 1874 )
Inman SS Co. v. Tinker , 94 U.S. 238 ( 1877 )
Beer Co. v. Massachusetts , 97 U.S. 25 ( 1878 )
Fertilizing Co. v. Hyde Park , 97 U.S. 659 ( 1878 )
Stone v. Mississippi , 101 U.S. 814 ( 1880 )
Telegraph Co. v. Texas , 105 U.S. 460 ( 1882 )
Cooper Mfg. Co. v. Ferguson , 113 U.S. 727 ( 1885 )
Gloucester Ferry Co. v. Pennsylvania , 114 U.S. 196 ( 1885 )
Pickard v. Pullman Southern Car Co. , 117 U.S. 34 ( 1886 )
Philadelphia Fire Assn. v. New York , 119 U.S. 110 ( 1886 )
Robbins v. Shelby County Taxing Dist. , 120 U.S. 489 ( 1887 )
Philadelphia & Southern SS Co. v. Pennsylvania , 122 U.S. 326 ( 1887 )
Mugler v. Kansas , 123 U.S. 623 ( 1887 )
Leloup v. Port of Mobile , 127 U.S. 640 ( 1888 )
Powell v. Pennsylvania , 127 U.S. 678 ( 1888 )
View All Authorities »
Cited By (136)
Maine v. Grand Trunk R. Co. , 142 U.S. 217 ( 1891 )
Ficklen v. Shelby County Taxing Dist. , 145 U.S. 1 ( 1892 )
Brennan v. Titusville , 153 U.S. 289 ( 1894 )
New York, LE & WR Co. v. Pennsylvania , 153 U.S. 628 ( 1894 )
Hooper v. California , 155 U.S. 648 ( 1895 )
Louisville & Nashville R. Co. v. Kentucky , 161 U.S. 677 ( 1896 )
Osborne v. Florida , 164 U.S. 650 ( 1897 )
Adams Express Co. v. Ohio State Auditor , 165 U.S. 194 ( 1897 )
Blake v. McClung , 172 U.S. 239 ( 1898 )
Austin v. Tennessee , 179 U.S. 343 ( 1900 )
Stockard v. Morgan , 185 U.S. 27 ( 1902 )
Caldwell v. North Carolina , 187 U.S. 622 ( 1903 )
Charles F. Champion, Appt. v. John C. Ames, United States ... , 188 U.S. 321 ( 1901 )
Pullman Co. v. Adams , 189 U.S. 420 ( 1903 )
Atlantic & Pacific Telegraph Co. v. Philadelphia , 190 U.S. 160 ( 1903 )
Allen v. Pullman's Palace Car Co. , 191 U.S. 171 ( 1903 )
Norfolk & Western R. Co. v. Sims , 191 U.S. 441 ( 1903 )
Swift & Co. v. United States , 196 U.S. 375 ( 1905 )
Kehrer v. Stewart , 197 U.S. 60 ( 1905 )
Delamater v. South Dakota , 205 U.S. 93 ( 1907 )
View All Citing Opinions »


Bailey Charest, now an honor student at Lewiston High School, was in a Chelsea home when her 5-year-old sister was killed there.
AUGUSTA — Money the state put into a trust account for the surviving sister of Logan Marr, the 5-year-old girl who died at the hands of her foster mother, is now being used for college.
Bailey Charest, 18, a senior at Lewiston High School, where she is an honor student, a member of the National Honor Society and a captain of the swim team, got a judge's OK this week to use the bulk of the $173,000 funding to go to Eckerd College in St. Petersburg, Florida, where she will study marine biology and environmental science to do coastal conservation eventually.
Charest shared her emotionally charged college essay about the loss of her sister, saying that Logan is her inspiration, in gaining entrance in Eckerd College.
The money for Charest was part of a settlement that ended a lawsuit brought by Christy Reposa, the girls' mother, against the state. Reposa, now Christy Darling, sued to recover damages suffered as the result of Logan's death Jan. 31, 2001. Logan and Bailey had been taken away from Darling — then known as Christy M. Baker — and placed at a series of foster homes before being moved to Sally Ann Schofield's home in Chelsea. At the time, Schofield was a supervisor in the state Department of Health and Human Services, and the placement violated state rules.
Coincidentally, Schofield, now 55, who was convicted of reckless or criminally negligent manslaughter in the suffocation death of 5-year-old Logan, was released from prison 10 days ago. She had been sentenced to an initial 17 years in prison, with three years suspended while she serves four years' probation. With good time and other credits, Schofield spent about 15 years behind bars. She now lives in Thorndike.
In the meantime, Charest, of Lewiston, is looking forward to her June 9 high school graduation and going to Eckerd.
The trust fund was made possible by 2003 legislation introduced by then-state Rep. Stavros Mendros, R-Lewiston. It allowed Logan Marr's mother to sue the state Department of Human Services for civil damages up to $400,000 for Logan's death while she was in the department's custody.
It specified the proceeds had to be deposited with a third-party trustee and could be used "for post-secondary educational expenses for a sibling of Logan Marr." Otherwise, the money had to go to the state's Victim's Compensation Fund to pay claims based on a crime against a child.
The actual settlement amount was $221,849, with $48,529 going to the Clifton Fuller, the attorney who represented Darling in both the state and federal lawsuits.
The remaining $173,320 was designated for Logan Marr's sister, with a condition requiring that she begin post-secondary education by the time she turns 28.
Charest had to get a judge's approval to spend the money for college. Part of the documentation she submitted includes the college's offer of a $21,000 annual merit scholarship.
Justice William Stokes, who was one of the prosecutors at Schofield's nonjury trial, signed the order Wednesday in Augusta, indicating that the Camden National Bank can disburse money for tuition and living expenses for Charest, with the course fees sent directly to the college. It requires her to maintain at least a 2.0 grade point average as well.
The state, through Assistant Attorney General Susan Herman, signed off as well.
Charest was 2 years old when her sister suffocated to death, wrapped in more than 42 feet of duct tape, some of it covering her mouth. The girl was bound to a highchair and left alone in an unfinished area of the basement of Schofield's Chelsea home.
Charest says she's sitting nearby on a rug and trying to remain unnoticed as the woman leads the sobbing child to the basement.
Charest writes of the aftermath as well, the national spotlight that Logan's death brought to the state and the re-examination of the state's child placement policies.
Charest excels in her school work, in her swimming — "I swim backstroke and went to (the state championship meet) three years out of the four" — and in work. She holds a part-time job in retail and has lived on her own since last summer.
Before that, she had lived with her father, Richard Charest, and her brother.
Charest settled on her ocean study career path just recently.


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Bookkeeping & Accountancy
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2020 May bank holiday will be moved to mark 75th anniversary of VE Day
The government has announced that the date of next year's early May bank holiday is to move from Monday, 4 May to Friday, 8 May to mark the 75th anniversary of VE Day. This is only the second time ever that the early May bank holiday has been moved – the first was in 1995 to mark the 50th anniversary of VE Day. There will be commemorative events taking place across the country over the three-day weekend to honour the sacrifice made by men and women during the Second World War. VE Day was first celebrated on 8 May 1945 when Allied Forces formally accepted Germany's surrender.
The early May bank holiday will move in England, Wales and Northern Ireland, where it is achieved by a Royal Proclamation made under the Banking and Financial Dealings Act 1971. Bank holidays are a devolved issue in Scotland. However, Scottish Ministers have also confirmed the change of date on the Scottish government's website.
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SNL Returns with Bill Murray as Steve Bannon
Because we all know Steve Bannon isn't leaving.
By Luke Darby
Lately, SNL has seemed to struggle with the sheer volume of material the president and American politics give them every week, and at times is looks like they pull their punches in a effort to cover too many things at once. So the stakes get even higher for them when, as on Saturday, they return from several weeks of hiatus. But they managed a solid, focused cold open, successfully swiping at Fire and Fury author Michael Wolff and freshly-disgraced former Trump adviser Steven Bannon.
Bannon is usually played by a party store Halloween costume version of the grim reaper, but now he's been rebooted as Bill Murray with pounds of makeup. Or as Kate McKinnon's Mika Brzezinski put it, "I know you usually look like death, but this is death warmed over."
Murray appears next to SNL alum Fred Armisen as Michael Wolff, and constantly refers to himself as "the Bannon cannon," "the king-maker," or "Ozymandias." After singing his own praises and announcing the formation of the Bannon dynasty, he launches into his plans for what's next:
I convinced this country to elect Donald. And I can do it again. Already auditioning prospects: Logan Paul. Martin Shkreli. The Subway guy, Jared Fogle. He's back. He's electable. It's time for America to slide down the Bannon-ster.
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