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«We all live in a collective hallucination»: An Interview with French Artist Olivier de Sagazan
Марина Бакієва
With clay and straw, Olivier de Sagazan transforms himself into abstract, creepy characters, sticking them in the face and tearing them to pieces. His performances are both horror art and a certain ritual. In general there is a fascination with tribal art and shamanism in his work, be it performance, painting or sculpture. This is probably the influence of his African roots: Sagazan is originally from the Congo, but has lived and worked in France for a long time.
De Sagazan's most famous performance is Transfiguration, which tells the story of human transformation into a variety of hybrid beings. It was premiered in 1998, and since then it has been performed more than 300 times in 25 countries, and last year de Sagazan performed it in Lviv. The Guardian describes the work as follows: «The Transfiguration performance, created 20 years ago, has to be one of the most original and incredible things you're likely to see. But that doesn't mean you're going to like it». He also has collaborations with designer Gareth Pugh, singers FKA Twigs and Mylene Farmer and a cameo in the movie «Samsara».
De Sagazan's most famous performance is Transfiguration
Olivier also raises political issues in his works: he quoted French President Emmanuel Macron's speech to the «Yellow Vests» in one of his performances in 2018, and in March 2022 he released a video performance about a mad dictator who destroys everything around him. In this way he expressed his support for Ukraine in the war.
DTF Magazine talked to the artist about the form of evil, the obsession with power of dictators, and the monsters that live in every human being.
About his performance Again and again Ass and dictators, and self-destruction
— You supported Ukraine on social media. Under what circumstances did you learn about the war, and how did you feel at that moment? Did you expect it?
— We never quite expect a war to actually happen. I was in Lviv performing "Transfiguration" in September 2021 for the Theatre Festival "Kit Gavatovycha"; it seemed impossible for me that this beautiful and calm city would be besieged in a few months.
— In one interview you said that you made a performance about dictators two years ago because there was a premonition of war. What kind of premonition of war was that? And what were your preconditions for making the performance?
— Violence has always been present in humanity, men use it to ensure their power.
There are presidents like Putin everywhere, who do not hesitate to apply the principle in George Orwell's novel 1984: «If you want peace inside, make war outside».
— That said, you published the video on Instagram in 2022, two weeks after the start of the war in Ukraine. Why didn't you release it immediately, but only after the war began?
— As artists we always doubt the possible effect of our actions, at first I was shocked at the unfurling events and I didn't think that this video could possibly help anyone. But then I thought that it was like a kind of hand extended to my Ukrainian friends.
Performance Again and Again Ass and Dictators. Olivier de Sagazan thus expressed his support for Ukraine
— The character was anonymous and abstract in your previous performances, but in the case of the last video Again and Again Ass and Dictators, it is a collective image of a dictator. Does this mean that evil has taken a concrete form for you?
— President Putin embodies one of the characteristic images of the dictator who, at the end of his reign, dreams of a last great gesture that will make him go down in history. He undoubtedly dreams of being the one who will have rebuilt a great Russia. We already know that he will go down in history through the back door and as the example of a bloodthirsty butcher, for whom the power of ideas is worth more than the pain of millions of people.
Публикация от Olivier de Sagazan (@sagazan)
— The dictator needs to destroy everything around him (the whole world, if he wants to) before he destroys himself in your performance. Why did you choose this ending? Is it a story based on observation?
— In most cases dictators actually die from the madness they want to impose on the world. Hitler is one of the last striking examples. Putin wants us to believe that he started this war against Ukraine to exterminate the Ukrainian Nazis.
The truth is that Putin is of the same family as Hitler: his sole obsession is power and the suffering that this may imply in the people that they crush has no effect on his moral conscience.
— Could it be said that only the dictator is to blame for all the evil and sorrow? Don't you think there would be no dictators if the people, the inhabitants of the countries where the dictatorship is established, didn't allow it?
— Fear governs us, in addition to that there is a monster in power in each of us. These two things combined make a fertile ground for dictators.
Le Dictateur performance in which de Sagazan quotes French President Emmanuel Macron's speech for the «Yellow Vests», 2018
— If you look at the countries you lived in, Mobutu's dictatorship in Congo was overthrown in 1997, and the same President Paul Biya has ruled for 40 years in Cameroon and is also accused of being a dictator. Are there any references to these events in your performance?
— Unfortunately there is no shortage of examples.
— Your characters, such as the clerk in Samsara and the dictator, look similarly affected: the clerk affected by the virus of consumption and the dictator affected by the virus of power. Do you think humans and humanity have any chance at all? Or is our essence in self-destruction?
— In organic life there is a permanent search to keep one's good shape and this goes through a healthy violence.
The problem arises when the desire for power is no longer counterbalanced by a moral conscience, an empathy or simply by fear, then one becomes a monster.
At a cellular level one becomes like a carcinogenic cell, it produces a tumor and then it can lead to the death of the organism…
Olivier de Sagazan | | Photo — Didier Carluccio
— This may sound trite, but in your opinion, can culture educate a person?
— Certainly, but it is not enough, because fear can be much stronger.
— Do you get the feeling that propaganda has won because there is a war going on in the center of Europe in 2022?
— I think that we all live in a collective hallucination that comes from a mix between our DNA and our culture. We must succeed in reaching a form of lucidity that ensures that we do not become a wolf for others.
«I don't separate life and art»
— In the interview you mentioned that you are inspired by Francis Bacon's painting «Screaming Pope», also your images remind me of the Polish artist Zdzisław Beksiński because of impersonality. What place does art about war and post-war art occupy in your life? Do you transfer the experiences of artists who faced the horrors of war directly (like Beksiński) into your work?
— Francis Bacon and Beksinski have inspired me a lot. But my training as a biologist is the crucible of my inspiration.
Francis Bacon, «Screaming Pope», 1953
Zdzislaw Beksinski, «Untitled», 1982
— You are originally from the Congo, but you studied in Cameroon, and you have shamanistic motifs and tribal influences in your work (you talk about this in the interview). Looking at your performances, even through video, there is a sense that you are not playing a role, like an actor, but each time you are performing a real ritual. What kind of ritual is that?
— Yes, I don't separate life and art. When I go on stage I don't play a role. I talk about my anguish and my fascination for life.
The artistic moment is just like a time of extreme concentration that can actually take you into states of trance.
Transfiguration Performance in Cameroon
— Who and what shaped you as an artist?
— Life.
— You always use clay. What symbolism have you put into this material? Is it related to ancient Egyptian mythology, the god Khnum and the fact that he made the first man out of clay? Or is it about the convenience and practicality of the material?
— Clay is for me like a possibility of extension of my domain of expression. A material very close to my skin and my flesh. With the added aspect of connection with the cosmos, because you and I are earth and light.
— What is the main goal you set for yourself when you work on a performance: to make people think or to shock them emotionally, to hurt their emotions?
— To be moved to then move others. To feel the strangeness of our being.
— You said that you were very religious until about age 20 and then you weren't. Was there some event that triggered it or did it happen gradually?
— Yes, my studies in biology and philosophy helped me a great deal to get out of this hallucination.
— On social media, you hardly advertise who you are outside of art. What does your typical day look like when you don't have any project?
— I always have the same project in mind, trying to understand who I am.
Sculpture by Olivier de Sagazan
Olivier de Sagazan in the FKA twigs video
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Again and Again Ass and Dictators Olivier de Sagazan Transfiguration
Laurent Garnier: "A lot of new people, managers and money came. It divided the scene"
«I want to be super-aggressive, but I shouldn't be», director Maksym Nakonechnyi about his participation in Cannes
Anton Slepakov («Vagonovozhatye»): «I've written so much in russian that there's no need for it now»
Director Valentyn Vasyanovych: «No film can prepare for the level of cruelty in Bucha»
New heroes of our time
Koloah: «You have to be a romantic to create something cool»
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Review: I Am Standing in the Eye of a Hurricane
It's true. Change don't come easy. But it can. You just have to open your eyes. Taking the immersive experience to the next level, The Flea presents Take Care, an audience participatory event that blends topical themes into a mind-shattering night of truths.
Created by Todd Shalom and Niegel Smith and directed by Smith, Take Care is not your ordinary Flea production. Staged in the downstairs space, Take Care is highly experimental and highly rewarding. This is not a "choose your own adventure" experience, rather a piece where you can pick your level of participation. By simply deciding whether you'd like to be an active player or a voyeur, your experience will be dictated by your level of participation. Those wishing to participate will receive a card with instructions on when and how they will partake in the piece. And it's all based on a timer, a captivating yet subtle metaphor. Throughout the hour-long production, you will be led through a series of vignettes propelled by actor and audience alike. And by the end, you will inevitably have feelings. Sitting in a room virtually made up of strangers, you're in an extremely warm, safe, and welcoming place to emote. And there will be lots of emoting. Take Care is an experimental immersive event about climate change and race that is carefully crafted. This is a play for the fearless. This is not your typical theater piece. Those who seek refuge in the fourth wall should likely avoid Take Care. But for those eager to take a risk, and give those theatrical plants a night off, this is a play for you. It's quite hard to discuss what precisely happens in this show. Yes, there is a set script that guides the evening, but depending on the makeup of the audience, your experience will likely change. There are key beats that are consistent, for example a threatening superstorm where you will want a poncho to avoid water, but it's when the audience is literally given the microphone that the mood will swing. The "script" is filled with improvisational moments for the participants and what they may share could affect everything, even the timing of the night. But what's amazing is how deep and honest people can get. You can feel the vulnerability within that stranger sitting across from you. Between sharing what you wish was in your emergency kit to the simple filling in the blank to the statement "I am…", what the person says right before you could sway the continuing circle of revealing.
photo by Bjorn Bollinder
This will be one of those rare occurrences where the audience played a bigger "part" collectively than the actors. That being said, the Take Care company served as extraordinary guides and Caretakers. Tommy Bernardi, Maki Borden, Rachel Lin, Ashton Muniz, Derek Christopher Murphy, Rebeca Rad, Brittane Rowe, Isabella Sazak, Ryan Stinnett, and Catherine Woodard took on these unique and weird roles to form a unique ensemble. A special recognition should be paid to Brittane Rowe for her stunning rendition of Bridget Mendler's "Hurricane" with great accompaniment by Tommy Bernardi on piano and of course the Hurricangels. It was a welcome and inspirational musical break. There is something about The Bats and random musical numbers that reverberates.
Director Niegel Smith clearly had a vision as to how this event was going to be tailored. Just by peering at the "script", you could imagine that it was like assembling a giant puzzle. Smith had a willing group of actors ready and able to pick up any moment of dead air but Smith's trust in the one inconsistent factor, the audience, proved his confidence in his theatrical social experiment. As stated before, every performance will be a different experience and yet Smith and his team have a blueprint to keep things on the right track. Because of this unique experience, the design of Take Care is interesting. There is little uniformity that meets the eye at first glance yet everything seems to be cohesive. The actors seemed to be wearing clothing that were pulled out of their closet. There is an assortment of props isolated to several parts of the stage. But when the timer begins, there is a clear cut flow to the show. The lights and sound by Amith Chandrashaker and Miles Polaski are sharp and unified. The video design, also by Chandrashaker, is filled with images and videos that are evocative.
There are so many moving parts to Take Care that it is incredibly likely that you will miss a lot. And that may be a bad thing. But what you do take in, it's something unique. When all is said and done, it's ok to be overwhelmed. Chances are you're not alone. And a warning to all those brave enough to fight this storm, take that poncho. Especially if you're wearing something you like. There's water everywhere and you're going to get wet.
Labels: Review, Take Care, The Flea

redpajama_set_name: RedPajamaCommonCrawl


On the first floor of the manor house is a Bridal Suite which is approached via a beautiful wooden staircase and down a long corridor. This large room is offered with an adjacent private bathroom and kitchen for your exclusive use. This very private room with beautiful views to the front and side of the manor, is available for overnight stays before or after the big day and comes with English or Continental Breakfast. Available at a charge of £275 for the room per night.
Within a short distance of Nettlestead Place is a range of good quality Bed and Breakfast and hotel accommodation, ranging from independents to chains. We have provided below a few options but please feel free to contact us to discuss these or any alternatives.


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Home Sports Betting Horse Racing Del Mar Wrap: Nothing Average About Record Average Daily Handle
Del Mar Wrap: Nothing Average About Record Average Daily Handle
By Brian Robin on September 7, 2021 3 min read
Del Mar closed its 82nd summer season with a track record for daily average handle, watching horseplayers wager an average of nearly $18.4 million each day of the 31-day meet.
Jockey Tiago Pereira pointed Tripoli to Horse of the Meet honors at Del Mar. Tripoli won the Grade 1 Pacific Classic and helped owners Hronis Racing take its sixth Del Mar owner's title and fourth in the last five years. (Image: Benoit Photo)
That surpassed last year's daily average of $17.3 million, which came without fans in the stands thanks to the pandemic. It fueled a total all-sources handle of just under $570 million, far outpacing the $467.6 million 2020 total. That 2020 total came with four fewer race days (31-27).
"Terrific, simply terrific. We had our fans come back this year and we put on a show of shows for them," said Del Mar CEO Joe Harper in a statement. "The racing was first-rate, the wagering was over the moon and Del Mar was Del Mar again in all its glory."
Much of that increase came because of Del Mar's large field sizes. Even running four more days in 2021, Del Mar's average field size was 8.45, one of the strongest marks in the country.
Del Mar bucks nationwide horse shortage
"Our horsemen and horsewomen were excellent in responding to the goals we set out to bolster our Southern California horse population," said Del Mar executive vice president of racing Tom Robbins. "We substantially increased purses and incentive bonuses, and they replied in fine fashion. When you realize that other meets across the country are struggling with horse population, we feel we're fortunate to receive the strong participation from owners and trainers. Our core racing product was excellent."
So were the performances of Flavien Prat and Peter Miller, who repeated as Del Mar's leading jockey and trainer, respectively. Prat won 47 races, 15 more than runner-up Juan Hernandez (32), and 18 better than Abel Cedillo (29). Along with 11 stakes wins overall, Prat won seven races the final two days of Del Mar's meet, including four on Sunday and three on Labor Day.
What made Prat's third consecutive Del Mar riding title and fifth in the last six seasons more impressive was that he missed parts of three weekends. That's what happens when you're an in-demand rider summoned for major stakes races at Saratoga or Arlington Park. Even with those hiatuses, Prat still amassed a meet-best $3,672,438 in earnings.
Miller floods the zone, brings home title
Miller captured 26 races, two fewer than his 2020 title-winning campaign, but that was still seven more than Bob Baffert's 19. In Baffert's defense, his win percentage was far superior to Miller's: 30.1% to 18.1%, because Baffert saddled only 63 starters to Miller's 143. John Sadler was third with 18, which included Tripoli's title in the Pacific Classic.
Miller repeated as Del Mar training champion on what he calls "my home track." His fifth summer meet title and ninth overall at Del Mar was buoyed by final-weekend stakes victories by None Above The Law in the Del Mar Derby and Liam's Dove in the Del Mar Juvenile Fillies.
Speaking of Tripoli, the Pacific Classic winner helped Hronis Racing win its sixth Del Mar owner's title and fourth in the last five years. The brothers from the central California town of Delano won eight races and banked $1,020,440, with $600,000 of that coming in the Aug. 21 Pacific Classic.
Tags: Bob Baffert California Horse Racing Del Mar Flavien Prat horse racing Hronis Racing John Sadler Peter Miller Tripoli
Sharon Martin says:
Love Flavien Prat. Cares deeply for horses. Excellent jockey. Women love him. Gentleman personified. Great smile. God bless him. He brings excitement to every race he rides.💖


I took in the Energy Fair in Topeka. It was quite timely, as I'd just replaced some light bulbs in my house with the new LED lightbulbs. If you happen to drive by my house at night you will see how bright it is, we are not trying to grow anything in doors!
The average family spends $1900 a year on energy bills, nearly half of which goes to heating and cooling costs. My guess this is about half of what it costs to live in the country or on a farm.
Changing out your light bulbs to the newer LED lightbulbs is one way to save energy. One of the demonstrations at the Energy fair, was 6 LED lights using the energy of just one conventional 60-watt bulb. Sure they cost more, but they also cost less to run and they last longer. Just make sure you get the amount of light you really need. If you change the bulbs out in the five most used light fixtures in your home, you can save at least $65 each year in energy costs.
Close shades and drapes during the day to keep the heat out in summer. Put all of your tv, cable boxes, printers etc. into a power strip so you can easily turn them off during a vacation or if you're going to be gone over the weekend.
Of course this is the time of year to caulk around the outside of your home. Make sure to get all those internet, telephone, gas, water spigots and dryer vents, any opening to the outdoors.
Change your air furnace filter monthly. If you use a dishwasher use the air-dry cycle instead of the heat-dry cycle. If you have a garage keep the door down, a warmer garage in the winter and a cooler garage in the summer will save energy.
Set water heater temperature no higher than 120 degrees F. Make sure your dryer vent hose is not kinked or clogged. Make sure your refrigerator door seals are tight.
It's threatening to freeze in early October, we could be in for a cold winter!! Save yourself some heating dollars, so you can have more fun money!


When it comes to picking furniture in the city of Winnipeg we are usually lost for choices since the city has so much to offer.
brands they will surely be able to help you with exactly what you require and at the desired budget too.
As we head on to our next location for some of the best sofas and beds you should know that Winnipeg is one of the best places for one to settle down. And to help you do just that are Lord Selkirk Furniture, this little family owned business has surely come a long way since 1976. They are proud to manufacture high quality sectionals, sofa beds, sofas, loveseats, and chairs. You can also find a large variety of living room, bedroom and dining room furniture's. Lord Selkirk Furniture also sell furniture upholstery supplies which include springs, cardboard strips, metal tack bands, and hog rings at considerably reasonable prices. The prime nature of their business is to create exactly what the customer desires. As a customer at Lord Selkirk you have the liberty of choosing the style of couch you want or you could even sketch what you have in mind and choose the fabric you would prefer. Hence this is surely the perfect place if you desire the perfect couch.
Ashley Furniture Homestore claim to be the No. 1 selling furniture brand in the world and the No. 1 retailer of furniture and bedding in the United States. They have branches and stores all over the world and are constantly expanding. The crew of Ashley Furniture believes a great deal in giving back either through reuse or recycling. Another great reason for you to invest in a piece of furniture from Ashley's because they cater to Mother Earth first.
The next brand Dufresne is more of a household brand that is loved by all. What began as a small store in Kenora has now expanded to 11 stores across provinces and they are continuing to expand. Dufresne offers a wonderful finance scheme option which allows the customer to enjoy a bit of purchasing without having to worry about the cost.
Kern Hill started way back in the 1950's when one professional hockey player decided to dedicate his life into selling furniture. Nick Hill Sr.began Kern Hill Furniture in 1952 and now it is being run by his sons. This family business has grown in size over the years and focus on the simple and main concepts of providing customers with excellent service and quality products. They also possess the best in Canadian branded furniture but without the designer prices!
If these options still don't suit your needs then you could also check out the other popular furniture shopping destination in Winnipeg, like Surplus Furniture, Structube, Bella Moda, Contessa and Brick's Fine Furniture.


Modern technology is taking the guesswork out of paving the nation's roads and runways.
"Intelligent Compaction" refers to compaction of road materials such as asphalt, soils or aggregate bases using modern vibratory rollers equipped with an integration of high-precision positioning systems, accelerometers and onboard computer systems. The transmitted information provides feedback to the roller operator regarding the compaction process, said Richard S. Giessel, P.E., statewide quality assurance engineer for the Alaska Department of Transportation and Public Facilities.
Maintaining uniform compaction is extremely important to achieve consolidation and uniformity of materials, thus avoiding pavement failure.
The on-board computer screen changes color each time the roller passes the same spot, Gilliland said, allowing the operator to keep track of roller passes.
"They just focus on making everything the same color, and they aren't having to remember, 'Was this the third or fourth pass?'" she added.
It also helps keep the roller operator honest.
Data is typically downloaded at the end of a shift for evaluation by contractors and engineers.
Additional instruments provide even more data input.
A Paver-Mounted Thermal Profiler system mounted on the mast of a paving machine tells the operator the temperature of the hot-mix asphalt mat as it emerges from the paving machine and before rollers begin compaction, Giessel explained.
Pavement temperature plays a key role in pothole prevention, Giessel added. Thermal images generated by a PMTP showing a green area indicate cooler temps and potentially a future pothole.
However, use of IC does not replace the traditional method of drilling core samples.
Taking a core is physically cutting a sample of the asphalt and measuring its density, Gilliland said. Density specifications and definitions of "good density" vary by state, but in Alaska good density is considered to be 95-percent of Maximum Specific Gravity, she added.
Giessel said he first learned of IC in 2012, but it was Gilliland and Bruce Brunette, DOT&PF's Southeast Regional Materials Engineer, who first brought IC to Alaska.
It was first used by Knik Construction in the 2013 Sitka Rocky Gutierrez Airport runway overlay project in Southeast Alaska.
According to the Federal Highway Administration's Application Notes on the project, Wirtgen/HAMM Tandem IC Rollers were used with Wirtgen representatives on site to assist with training.
In the end, according to the report, both the mat and joint densities on the runway repaving met full bonus requirements and remained consistent throughout the project.
Since then, Knik Construction has implemented IC in airport runway projects in Ketchikan, Petersburg and Yakutat and IC will be included in the Kalifornsky Beach Road project this summer in Soldotna.
Giessel said asphalt pavements can last from six to 30 years, depending on traffic and environmental factors. However, wear on Alaska's pavement is worse due to high-speed studded tire traffic combined with high daily traffic counts. Giessel cited the Glenn Highway from Airport Heights to the Parks Highway interchange as an example.
"In addition to the insidious damage from studded tires, early pavement failures are caused by low compaction and insufficient bond between paving layers," he added.
Modifications in material and IC technology were used in last year's repaving of the Glenn Highway, he said. Engineers hope to get 10 to 15 years of wear versus the six- to seven-year life of past pavements.
Giessel said the DOT&PF recognizes the benefits of IC and currently requires it on major runway and road paving projects.
Most contractors in Alaska have IC-equipped rollers. Upfront cost of purchase or rental is minimal when one thinks of the benefits, Gilliland said.
"Advancing this technology is very important for Alaskans to get better roads that will last longer with less maintenance cost," Giessel said.


Are you ready to make a contribution to fisheries of the West Coast? Begin your job search and application process by clicking on the External or Internal buttons below. New and returning applicants including former employees use the External Career Center, and current PSMFC employees use the Internal Career Center. We recommend using Google Chrome; however, most browsers are supported.


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522 F. 2d 493 - Fisher v. Secretary of United States Department of Health Education and Welfare
522 F2d 493 Fisher v. Secretary of United States Department of Health Education and Welfare
Eula Mae FISHER, for herself and all others similarly
situated, Plaintiff-Appellant,
The SECRETARY OF the UNITED STATES DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE et al., Defendants-Appellees.
Seventh Circuit.
Argued April 7, 1975.
Rehearing Denied Sept. 24, 1975.
Rose E. Firestein, John T. Manning, Indianapolis, Ind., for plaintiff-appellant.
John E. Hirschman, U. S. Atty., Indianapolis, Ind., Carla A. Hills, Asst. Atty. Gen., Eloise E. Davies, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.
Before PELL and SPRECHER, Circuit Judges, and PERRY, Senior District Judge.*
PELL, Circuit Judge.
This is an appeal from a judgment of the district court affirming the decision of the Secretary of the United States Department of Health, Education and Welfare denying compensation insofar as plaintiff's complaint sought review of that decision and dismissing the remainder of the complaint. Plaintiff1 is a black woman who worked for various persons as a domestic servant until July 1966. She worked as a dishwasher at a hotel from July of 1966 until October 1968 at which time she was injured while working. Her complaint alleges that this injury resulted in her becoming disabled within the meaning of various subsections of the Social Security Act. 42 U.S.C. § 423; 20 C.F.R. § 404.1501 ff. She filed a claim under 42 U.S.C. § 401 ff. Her claim was denied by the hearing examiner of the Social Security Administration (now Administrative Law Judge; hereinafter ALJ) on the grounds that she failed to establish eligibility for disability compensation by showing the requisite earnings during the preceding 40 quarters, principally because of a lack of showing of compensation of at least $50.00 per quarter for sufficient quarters from a single employer for the period during which she worked as a domestic employee. 42 U.S.C. §§ 423(c)(1)(B)(i), 409(g)(2). See also 26 U.S.C. § 3121(a)(7)(B). The Appeals Council affirmed this decision, and plaintiff filed this action for review under 42 U.S.C. § 405(g) in addition to seeking other relief.
Count I of plaintiff's complaint alleges that the conclusions of the ALJ were not supported by substantial evidence. On appeal she argues that the ALJ applied too strict a standard in determining that plaintiff had not met her burden. In Count II of the complaint, plaintiff alleges that the Secretary of the Treasury and his delegate (the Commissioner of Internal Revenue) have failed "to compel, to attempt to compel, or to take prudent measures to compel" the collection of the employment tax. Plaintiff seeks mandamus relief to compel the collection of the employment tax on domestic workers' salaries if the $50.00 per employer per quarter limitation is declared unconstitutional or mandamus to compel the Commissioner to require reporting of all domestic workers' wages paid if the limitations are upheld. See 26 U.S.C. § 3121(a)(7) (B). Count III of the complaint seeks a permanent injunction against the Secretary of the Treasury, the Secretary of the Department of Health, Education and Welfare, and the Commissioner of Internal Revenue enjoining them from enforcing the one employer earnings requirement against black citizens. She alleges that these provisions are void because:
"they segregate a certain class of all employees by race and status to be denied disability insurance under the Social Security Act and therefore deny them civil and human rights inhering in the due process clause of U.S.Const. Amends. V, XIII and XIV, and freedom from slavery and servitude guaranteed by U.S.Const. Amend. XIII. These irrational, arbitrary conditions . . . perpetuate bondage and peonage, forbidden by terms of U.S.Const. Amend. XIII and the Anti-Peonage Act, 42 U.S.C.A. 1994 (1969)."
Counts II and III are brought as a class action. The complaint was later amended to ask for a declaration that the minimum earnings requirement during a certain number of quarters as such was unconstitutional and for an injunction against its enforcement. The complaint was also amended to plead that domestic workers are an identifiable black racial group, an identifiable sexual group of women, and an identifiable economic group of poor wage-earners. On appeal, plaintiff argues that the district court erred in dismissing each count and also erred in not convening a three-judge court. The plaintiff urges us to decide the constitutional questions rather than remanding for a three-judge court to be constituted. According to plaintiff, all the facts needed for us to decide this portion of the case are matters of public record.
I. Sufficiency of Evidence
We must uphold the decision of the Secretary if it is supported by substantial evidence. 42 U.S.C. § 405(g). In his opinion the ALJ stated:
"following the expiration of the statute of limitations with respect to any year the absence of any entry of the Secretary's records as to the wages alleged to have been paid by an employer to an individual during any period in such year shall be presumptive evidence that no such alleged wages were paid to such individual in such period."
This quotation is an accurate paraphrase (almost a quotation) of 42 U.S.C. § 405(c)(4)(B) and 20 C.F.R. § 404.804, under which the ALJ was required to evaluate the evidence.
As a part of his evaluation of the evidence, the ALJ stated:
"Since in the instant case there is no showing of wages on the individual's earnings record for the periods in question, the evidence required to prove the alleged wages must be Substantial and Of probative value and must clearly establish both the amount of wages paid and the time of payment. Moreover, the evidence necessary to establish these wages for a period in a year or years when the statutory limitation has expired must also be sufficient To overcome the statutory presumption that no such wages were paid.
"The record before the hearing examiner is Void of factual or conclusive evidence to substantiate the claimant's allegations of wages paid during the period involved. Since the claimant has been unable to meet the burden of proof and has failed to furnish adequate evidence of alleged wages paid to establish additional quarters of coverage, the hearing examiner is constrained to conclude that the claimant lacks the necessary quarters of coverage to be fully insured and that she is not entitled to disability insurance benefits." (Italics added.)
Plaintiff argues that the italicized phrases show that the ALJ required her to meet too heavy a burden of proof and that he ignored her testimony. She principally relies on Breeden v. Weinberger, 493 F.2d 1002 (4th Cir. 1974), and Kephart v. Richardson, 505 F.2d 1085 (3d Cir. 1974).
The consideration of these cases takes us on the customarily difficult journey on the shimmering semantical sands involved when an effort is made to put into words the concept of the dispositive effect of a presumption when the determiner of ultimate fact also has before him other evidence.
In Breeden the court reversed a decision in which the ALJ and the district court had required the claimant to prove her case by "clear and convincing evidence." The Fourth Circuit held that the presumption did not alter the burden of proof requirement that a claimant need only prove his administrative claim by a preponderance of the evidence. The court further held, however, that the statutory presumption here involved did not vanish when contradictory evidence was introduced under the Thayer "bursting bubble" theory of presumptions, but rather that the presumption would survive the offering of contradictory evidence and could thereafter constitute substantial evidence that no wages were paid. 493 F.2d at 1007.
Upon the basis of the evidence in the case before it, which evidence need not be repeated here, the Fourth Circuit concluded that the administrative decision was not supported by substantial evidence. A reading of the opinion makes it obvious that a substantial motivating factor in the court's decision was the arbitrary rejection of evidence by both the ALJ and the Appeals Council. It, of course, can scarcely be contended that the statutory presumption should be the basis for rejecting consideration of evidence simply because it is contrary to that created by the presumption.
In Kephart the Third Circuit reversed and remanded for further proceedings the denial of a claim on the grounds that the ALJ had applied too strict a standard in requiring "substantial evidence . . . sufficient to rebut the presumption of validity accorded by law to the Secretary's wage records." 505 F.2d at 1088. The court recognized that the Wigmore (Thayer) theory of presumptions did not apply to this statutory presumption but held that it is merely one evidentiary factor to be weighed along with other evidence. The court also stated, 505 F.2d at 1089, that it saw nothing in the statute which required the claimant to rebut the negative condition of the records by "substantial evidence," citing on a "Cf." basis Thacker v. Gardner, 268 F.Supp. 663 (W.D.Va.), aff'd, 387 F.2d 387 (4th Cir. 1967), Cert. denied, 390 U.S. 1017, 88 S.Ct. 1272, 20 L.Ed.2d 168. We note that although the court denied the need for corroboration of the claimant's testimony if the ALJ found his testimony credible, in Kephart the claimant's testimony was in fact corroborated by his wife and three other persons. Corroboration of testimony can, of course, be a strong factor in minimizing doubts an ALJ might have regarding a claimant's testimony.
The defendants in the present case in support of the determination below rely in part upon Thacker, supra. However, in Breeden the court stated that it "did not necessarily approve the district court's apparent insistence on 'positive evidence.' " The court went on to state that its per curiam opinion affirming in Thacker merely noted that there was substantial evidence supporting the administrative decision and that the evidence in that case was far weaker than in the present case. 493 F.2d at 1005 n. 3.
In final analysis it appears to us that we have to determine whether the italicized words in the ALJ's evaluation of the evidence so clearly indicate that an incorrect standard was in fact applied as to cause us to determine ultimately that his decision was not supported by substantial evidence.
Having carefully studied the ALJ's opinion, we cannot conclude that he applied an improper standard in evaluating plaintiff's claim. While it may not be necessary for there to be substantial or positive evidence specifically rebutting the statutory presumption before the ALJ can find for a claimant, there must be substantial evidence in the record as a whole supporting his decision or it is subject to attack on appeal. 42 U.S.C. § 405(g). As we read his entire opinion, the ALJ was doing no more than stating this proposition when he referred to evidence that is "substantial and of probative value." Evidence, of course, cannot be substantial if it is not of probative value. Both Breeden and Kephart were factually much stronger cases for the claimants than this case.
Similarly we cannot find that the ALJ ignored plaintiff's testimony. His discussion of the evidence shows that he was aware of her contentions even though he found neither "factual" nor "conclusive" evidence supporting her claim. In context it appears he was doing no more than stating that he did not credit her testimony. Some of the ALJ's characterization language is perhaps unfortunate. Ordinarily one would not say that the record was "void of factual or conclusive evidence" as meaning that there was evidence (here by the claimant) which was found not to be credible. While this would not seem to be an accurate equation, nevertheless, we can reach no conclusion other than the ALJ considering all of the evidence before him, including that of the claimant, found her testimony sufficiently lacking in credibility to overcome the affirmative evidence of lack of requisite payment when considered in the context of the statutory presumption. We agree with Breeden that the presumption did not evaporate. 493 F.2d at 1007.
We have no basis for doubting the verity of the ALJ's statement that he had carefully considered the very excellent brief submitted by Mrs. Fisher's counsel, "the depositions he furnished from former employers of the claimant And from Mrs. Fisher, as well as numerous statements from former employers." On these bases, he found that Mrs. Fisher had failed "to furnish adequate evidence" and he was therefore constrained to conclude that she lacked the necessary quarters of coverage. (Emphasis added.)
Plaintiff, however, argues that the opposing evidence of the employers was conclusory and contradictory principally in that the witnesses stated little more than that they did not pay Mrs. Fisher more than $50.00 per quarter. This, however, is a factual matter in which lay witnesses are dealing only with amounts susceptible of precise mathematical determination. Also some of the evidence was more specific than the general denial of the requisite amount. We cannot assume that the ALJ in evaluating the employers' testimony would not have been aware of an underlying motivation to be forgetful if an employer had in fact not filed returns and paid taxes which he legally was required to do.
The question is not whether we would have reached the same conclusion as did the ALJ if we had been the trier of fact. Our sole inquiry is whether his decision is supported by substantial evidence. We cannot say that it is not.
II. Constitutionality
A. Jurisdiction
While this case was under advisement, the Supreme Court decided Weinberger v. Salfi, --- U.S. ---, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), which calls to our attention a serious question regarding our jurisdiction to consider the constitutional claims, an issue which was not raised, briefed or argued. The complaint alleges jurisdiction for the class action claims "through U.S.Const. Amends. V, XIII, and XIV and 28 U.S.C.A. Sec. 1331(a), 1343(4), 1346(a), (2), 1361, 2201, 2202 and 2282."
The third sentence of 42 U.S.C. § 405(h) provides: "No action against the United States, the Secretary, or any officer or employee thereof shall be brought under section 41 of Title 28 to recover on any claim arising under this subchapter." Prior to the 1948 recodification of Title 28, § 41 included the jurisdictional provisions which are now contained, Inter alia, in §§ 1331(a), 1343(4), and 1346(a)(2). Therefore these sections cannot provide jurisdiction against the enumerated officers. Section 1361 provides jurisdiction in the nature of mandamus to compel officers and employees of the United States to perform their duty. The only mandamus relief sought is against the Secretary of the Treasury and the Commissioner of Internal Revenue. This section does not provide jurisdiction to hear the constitutional challenges. The mandamus issue is treated in part III, Infra. Sections 2201 and 2202 provide authorization for the federal courts to grant declaratory relief. They do not provide an independent basis for jurisdiction. Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 94 L.Ed. 1194 (1950). Section 2282 only provides that a constitutional challenge to a federal statute seeking injunctive relief must be heard by a three-judge court. Thus, under Salfi, we hold that there was no jurisdiction as to the class action claims against the Secretary of Health, Education and Welfare. Salfi makes it clear that this court has jurisdiction to consider Mrs. Fisher's constitutional claim. Whether an injunction would be proper relief under § 408(g) was not decided by the Supreme Court in Salfi. --- U.S. at --- n. 8, 95 S.Ct. 2466, n. 8. Because of our decision regarding the insubstantiality of Mrs. Fisher's constitutional claim, we need not reach the question of the propriety of injunctive relief. The claims which were sought to be asserted as class actions against the Secretary of the Treasury and the Commissioner of Internal Revenue are in no better position than those of Mrs. Fisher against the Secretary of Health, Education and Welfare, which individual claims we must decide. See 26 U.S.C. § 7421.
B. Equal Protection and Due Process
In determining whether plaintiff's constitutional claims were properly dismissed, we must accept the allegations of the complaint as true. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). In Sheehan v. Scott, 520 F.2d 825 (7th Cir. 1975), we recently restated the standard for determining whether a single judge can dismiss a claim which would be required to be heard by a three-judge court, quoting from Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 715, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962):
"When an application for a statutory three-judge court is addressed to a district court, the court's inquiry is appropriately limited to determining whether the constitutional question raised is substantial, whether the complaint at least formally alleges a basis for equitable relief, and whether the case presented otherwise comes within the requirements of the three-judge statute." 520 F.2d at 827. Cf. Wojcik v. Levitt, 513 F.2d 725 (7th Cir. 1975).
The Social Security Act originally excluded domestic workers from coverage entirely. Act of August 14, 1935, ch. 531, § 210(b)(2), 49 Stat. 625. In 1950 the Act was amended to cover domestic employees if they earned $50.00 per quarter from a particular employer and worked at least 24 days for that employer. Act of August 28, 1950, ch. 809, § 104(a), 64 Stat. 493. The present section was enacted in 1954. Act of September 1, 1954, ch. 1206 § 101(a)(1), 68 Stat. 1052.
In the early cases of Carmichael v. Southern Coal Co., 301 U.S. 495, 57 S.Ct. 868, 81 L.Ed. 1245 (1937), and Steward Machine Co. v. Davis, 301 U.S. 548, 57 S.Ct. 883, 81 L.Ed. 1279 (1937), a Social Security Act sponsored state unemployment compensation act and the Social Security Act itself were held constitutional against attacks which raised Fourteenth Amendment and Fifth Amendment issues of equal protection and due process arising, Inter alia, from the exemption for domestic workers. The Social Security Act was similarly challenged and upheld after the 1950 domestic servant provisions became effective. Abney v. Campbell, 206 F.2d 836 (5th Cir. 1953), Cert. denied, 346 U.S. 924, 74 S.Ct. 311, 98 L.Ed. 417 (1954). None of these cases, however, involved claims of racial, economic, or sexual discrimination.
Recently the agricultural workers exclusion from coverage was challenged on the grounds that any justifiable basis it might originally have had was no longer valid. Romero v. Hodgson, 319 F.Supp. 1201 (N.D.Cal.1970), Aff'd, 403 U.S. 901, 91 S.Ct. 2215, 29 L.Ed.2d 678 (1971). The court upheld the validity of the exclusion, applying the "any conceivable set of facts" test stating that under-inclusive classifications are particularly resistant to judicial challenge. Courts do not require the state to remedy all aspects of a problem or none at all. No allegation of racial, sexual, or economic discrimination was made in the lower court. The agricultural exclusion was also challenged in Doe v. Hodgson, 344 F.Supp. 964 (S.D.N.Y.1972), Aff'd (with opinion), 478 F.2d 537 (2d Cir. 1973), Cert. denied, 414 U.S. 1096, 94 S.Ct. 732, 38 L.Ed.2d 555. In Doe the argument was made that the exclusion was racially discriminatory because agricultural workers were "overwhelmingly black and chicano." 344 F.Supp. at 966. The lower court denied the petition to convene a three-judge court noting that the same racial argument had been made in the Jurisdictional Statement to the Supreme Court in Romero. The Second Circuit affirmed without placing emphasis on the Jurisdictional Statement.
While there has been some lack of clarity as to the exact effect of a summary affirmance or a dismissal for want of a substantial federal question by the Supreme Court, we are constrained by the recent decision in Hicks v. Miranda, --- U.S. ---, ---, 95 S.Ct. 2281, 45 L.Ed.2d 223 (1975), to deem this court bound by summary decisions of the Supreme Court until informed that we are not. However, the plaintiff argues that the present case nevertheless is not controlled by Romero-Doe because of several distinguishing features: the domestic worker classification is claimed to be particularly suspect because as a class this type of worker reflects all three suspect classifications of race, sex, and economics; and the agricultural workers were totally excluded from coverage while domestic workers purport to be covered but are subject to much more stringent standards for qualifying than are other covered employees. We therefore deem it advisable to review the applicable law.
Much of our analysis is in the terms argued by plaintiff of the equal protection clause of the Fourteenth Amendment. Since this case involves a challenge to a federal statute, the Fourteenth Amendment is not directly implicated. Nevertheless, where a federal statute meets the equal protection tests under the Fourteenth Amendment, it is perforce consistent with the due process clause of the Fifth Amendment. Richardson v. Belcher, 404 U.S. 78, 81, 92 S.Ct. 254, 30 L.Ed.2d 231 (1971); Cf. Bolling v. Sharpe, 347 U.S. 497, 499, 74 S.Ct. 693, 98 L.Ed. 884 (1954).
Racial classifications are, of course, inherently suspect. McLaughlin v. Florida, 379 U.S. 184, 85 S.Ct. 283, 13 L.Ed.2d 222 (1964). Plaintiff argues that sexual and economic classifications are subject to similar scrutiny. If we found discrimination and the government attempted to justify the classifications, then we would have to face this issue. First, however, plaintiff must show an intent to discriminate.
Plaintiff places heavy reliance on statistics which she alleges show that domestic workers are a class of poor, black women. Nevertheless, she correctly admits that statistical disproportion in a class drawn in social welfare legislation is not a sufficient basis to declare the statute void. Some showing of intent is required, but it is unclear from prior cases exactly what that showing must be.
In Jefferson v. Hackney, 406 U.S. 535, 92 S.Ct. 1724, 32 L.Ed.2d 285 (1972), plaintiffs challenged a percentage reduction system which lowered Aid to Families with Dependent Children (AFDC) benefits to a larger extent than other aid programs. Statistics showed that a much larger percentage of AFDC recipients were black or chicano than the recipients of the other programs. The district court found that welfare officials did not know the racial make up of the categories of recipients and that the reduction was not the result of racial or ethnic prejudice. Citing Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970), the Court reaffirmed that a state does not violate the equal protection clause merely because the classifications made by its laws are imperfect. It held:
"So long as its judgments are rational, and not invidious, the legislature's efforts to tackle the problems of the poor and the needy are not subject to a constitutional straitjacket." 406 U.S. at 546, 92 S.Ct. at 1731.
A similar challenge was made to a three-judge court in Stanley v. Brown, 313 F.Supp. 749 (W.D.Va.1970). The plaintiffs argued that a ceiling on AFDC benefits was invalid. The ceiling had been placed on the program only a year after a study showed that the majority of AFDC recipients were black. It was also claimed that Virginia had a history of discrimination against black people in other ways. The court noted that there was no overt discrimination and refused to infer discrimination. The court found the reasons for the ceiling were sufficient to uphold it. A similar result on similar facts was reached in Ward v. Winstead, 314 F.Supp. 1225 (N.D.Miss.1970), Appeal dismissed, 400 U.S. 1019, 91 S.Ct. 587, 27 L.Ed.2d 630 (1971) (three-judge court).
Plaintiff argues that intent should be found where it can be shown that Congress knew or should have known that a class was composed principally of minority members. In so arguing plaintiff suggests the analogies of school desegregation cases and juror selection cases. E. g. United States v. Board of School Commissioners, 474 F.2d 81 (7th Cir. 1973), Cert. denied, 413 U.S. 920, 93 S.Ct. 3066, 37 L.Ed.2d 1041; Avery v. Georgia, 345 U.S. 559, 73 S.Ct. 891, 97 L.Ed. 1244 (1953). As we read the school desegregation cases, more than mere knowledge is required. In Board of School Commissioners, for example, it was the consistent pattern of actions which resulted in this court finding intentional discrimination. In the jury cases the opportunity to discriminate combined with knowledge of potential jurors' race has been held sufficient to show discrimination at least where statistically improbable panels result.
In her reply brief, plaintiff cites Clark v. Universal Builders, Inc., 501 F.2d 324 (7th Cir. 1974), Cert, denied, 419 U.S. 1070, 95 S.Ct. 657, 42 L.Ed.2d 666, and Norwalk CORE v. Norwalk Redevelopment Agency, 395 F.2d 920 (2d Cir. 1968). Both are housing cases, and as plaintiff states in her original brief, they are inappropriate models for that reason. In areas such as housing rights, where Congress has acted, courts may find intent to be inferred from a showing of discriminatory effects alone.
No case has been cited to us which adopts plaintiff's far-reaching theory as applied to a legislature or Congress. Under her theory any classification could be challenged if any data was available, whether Congress was aware of it or not, which showed that a class contained a high percentage of minorities. That this is not the law follows from Jefferson v. Hackney, supra. Even though the district court found that welfare officials did not know the racial makeup of the AFDC recipients, they should have known it because they could have taken a survey or perhaps someone had collected the data. As the Supreme Court said in Jefferson:
"The acceptance of appellant's constitutional theory would render suspect each difference in treatment among the grant classes, however lacking in racial motivation and however otherwise rational the treatment might be." 406 U.S. at 548, 92 S.Ct. at 1732.
We now must consider whether the statute has a sufficient rational basis under the test of Dandridge v. Williams, supra: "A statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it." 397 U.S. at 485, 90 S.Ct. at 1161. A statute is not unconstitutional because the legislature determined to make reforms one step at a time. Williamson v. Lee Optical, 348 U.S. 483, 75 S.Ct. 461, 99 L.Ed. 563 (1955); Romero, supra. The legislative history of the domestic worker provisions of the Social Security Act shows such a pattern.
The Senate Report on the 1950 amendments to the Social Security Act shows that Congress was concerned about domestic employees but was also concerned with the difficulties associated with their coverage. The committee report stated:
"4. Employees in domestic service. This group, whose need for the protection of social insurance is very great, is not covered under present law. They have been excluded mainly because of the administrative difficulties which were believed to be involved in their coverage. Your committee is convinced that regularly employed domestic workers can now be covered without undue administrative difficulties. Domestic servants in private homes, other than those on farms operated for profit, would be covered with respect to their services in a calendar quarter for a particular employer if they earned at least $50 in cash wages and either (a) worked at least 24 days for that employer in the current quarter or (b) had worked for the employer on 24 days or more and had earned cash wages of $50 or more in the preceding quarter. Under this definition of a 'regular' worker, most non-farm domestic employees who are hired on a weekly or monthly basis will be covered, while most part-time workers, and all casual or intermittent workers, will be excluded from coverage. . . .
". . . On the other hand, the 26-day requirement was reduced to 24 days to permit coverage of the domestic worker who has 'a twice-a-week job,' but who misses 1 or 2 days in a 3-month period." Sen.Rep.No.1669, 81st Cong., 2d Sess., 2 U.S.Code Cong.Serv., pp. 3287, 3302 (1950).
We note that the administrative difficulties would be much greater in collecting tax from employers of domestic workers, who probably are more numerous than their employees, than collecting tax from industrial employers, who typically employ a substantial number of employees. The expenses of collection could conceivably equal or exceed the tax collected. In addition it would be unfair to persons who only worked occasionally to collect tax from them when there was little hope that they would ever be eligible for coverage. The report also shows that Congress was not being arbitrary in choosing a 24-day requirement.
In 1954 Congress further expanded coverage. It had experimented with coverage of domestic workers and presumably determined that less rigid restrictions would sufficiently serve its purposes. It stated:
"(The amendment) would delete the unnecessary and complicated requirement of present law limiting the coverage of domestic workers to those who work for a single employer on 24 days during a calendar quarter. The simplified test of coverage for domestic services in private homes provided by the bill would cover, during the course of a year, about 250,000 more household workers than does the present law. It would also afford additional coverage for from 50,000 to 100,000 workers who under present law are covered on some but not all of their domestic jobs.
"More of the domestic workers who would continue to be excluded from coverage would be students, housewives, and others who spend comparatively little time working for pay. Under the bill almost 90 percent of the persons whose major activity is domestic employment would be covered." Sen.Rep.No.1987, 83d Cong., 2d Sess., 3 U.S.Code Cong. and Admin.News, pp. 3710, 3717 (1954).
Thus, Congress realized that not all regularly employed domestic workers were covered, such as those who are employed by several employers for a few days a quarter, but nevertheless determined the class it wished to cover. A law is not invalid because a classification made by the legislature is imperfect. Jefferson, supra.
Finally, it appears that the statistics which the plaintiff stresses at great length stop short of refuting the legislative expression that those who would no longer have coverage would be a minimal group not primarily concerned with the matter of making a living from the performance of domestic work. The thrust of the plaintiff's statistics is that the chief component human group in the domestic worker segment of the labor market are poor black women. We have no reason to believe this may not be so but the statistics tendered to us did not go forward to show that any significant number of those who engaged in this manner of earning a livelihood were deprived of coverage by virtue of quarterly coverage requirement. Lack of coverage resulting from the failure to report whether because of the employer not wanting to do so or the reluctance of the employee to become involved in reporting her wages to the government is no basis for holding the classification as established to be in violation of the constitution.
C. Irrebuttable Presumption
Plaintiff argues that the legislative history shows that Congress' purpose in enacting the limitations on coverage was to cover regularly employed domestic servants and that it was improper for Congress to presume irrebuttably that anyone who did not meet the statutory standards was not regularly employed.
The Supreme Court rejected a very similar argument regarding a minimum period of marriage requirement of a different section of the Social Security Act in Weinberger v. Salfi, supra, distinguishing such cases as Cleveland Board of Education v. LaFleur, 414 U.S. 632, 94 S.Ct. 791, 39 L.Ed.2d 52 (1974), and Vlandis v. Kline, 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d 63 (1973), upon which plaintiff relies. The majority, in an opinion written by Mr. Justice Rehnquist, set forth the proper principles to apply in considering constitutional challenges to this type of social welfare legislation. --- U.S. at ---, 95 S.Ct. 2457. We have endeavored to apply those principles in part II. B of this opinion. The Court further stated:
"The question is whether Congress, its concern having been reasonably aroused by the possibility of an abuse which it legitimately desired to avoid, could rationally have concluded both that a particular limitation or qualification would protect against its occurrence, and that the expense and other difficulties of individual determinations justified the inherent imprecision of a prophylactic rule. . . .
". . . (The) duration-of-relationship requirement represents not merely a substantive policy determination that benefits should be awarded only on the basis of genuine marital relationships, but also a substantive policy determination that limited resources would not be well spent in making individual determinations." At ---, 95 S.Ct. at 2472.
As noted by Mr. Justice Rehnquist in his dissent in LaFleur, almost any law could be in some sense characterized as an irrebuttable presumption. In the normal case, well established standards of equal protection and due process should be applied to determine the validity of a Congressional enactment. It is only an unusual case where a statute will be declared invalid because of an improper irrebuttable presumption, and the same result would not be reached applying normal equal protection and due process standards.
D. Minimum Earnings Requirement
As was discussed earlier, the amended complaint asked for a declaration that the minimum earnings requirement for a certain number of quarters as such was unconstitutional. By applying the well established standards discussed above, the argument lacks substantiality.
III. Mandamus
Plaintiff's complaint seeks a writ mandating the Secretary of the Treasury and the Commissioner of Internal Revenue to require the reporting of all wages paid domestic servants regardless of whether they exceed the statutory minimums. According to plaintiff this would ensure greater compliance with the law and largely eliminate the problems of incomplete records such as she had. Plaintiff may or may not be correct in her analysis regarding the efficacy of these measures, but the Secretary has a large degree of discretion in determining the proper measures to take to enforce the tax laws. In addition, enforcing these reporting requirements would present many of the administrative difficulties which caused Congress to exclude employees of certain employers from coverage.
For the reasons hereinbefore set forth, the judgment of the district court is
Senior District Judge Joseph Sam Perry of the United States District Court for the Northern District of Illinois was sitting by designation
Sometime subsequent to the filing of her complaint but prior to the judgment in the district court, Eula Mae Fisher died. This fact came to the attention of the governmental defendants through the filing of a death claim by her husband. Upon motion of the defendants, the husband as administrator of the estate was substituted in this court as party plaintiff. For convenience of reference, however, in this opinion we have treated the matter as though Mrs. Fisher continues as the active claimant


Welcome to Day 1 of my fitness blog! I am a young woman, well, in heart and spirit anyway. I am getting closer to 50, and I am fighting the tide that is trying to pull me in to being old. I have been a runner for years, but I have never attained the level of fitness that I have desired. I work full time and go to graduate school too! I have a husband, 2 sons, 2 dogs, and lots of housecleaning and laundry to do. I have responsiblities in my extended family as well. What I am trying to say is that this is not going to be easy. Oh, did I mention that I have Meneire's Disease as well? If I can do this, then you can too. I don't have extra "time." I have 2 boys in college, so I don't have extra "money" either. I know that excuses get you no where. I am going for it. Go with me!
My 21-year-old son has been working with Fadi Malouf and Rebecca Pitts at My Fitness Solutions for a few months. His life has changed. His body is becoming a work of art. How could this be? He is getting better and stronger, and I am still carrying the tummy that was stretched out during pregnancy 21 years ago? I can no longer excuse my abs by talking about pregnancy!
My son, Michael suggested that I go to My Fitness Solutions for an evaluation. I went about a month ago. I met Fadi and he evaluated my fitness level. He told me that if I came in and committed to the program that I would see a difference in about 60 days. That excited me! .
In the past month, I went about 3 times and worked with Rebecca, a trainer at My Fitness Solutions. In that short time my body began to react to the training. I could see slight diffrences. Then I was off on vacation and I missed the training.
So now I am back from vacation and starting to work out again and wanting to see if this really works. Join me in my adventure to see if I can get my groove back. I want to gain strength and definition in 60 days. I have visions of abs like Dara Torres. Let's see what happens. Is it really possible for me to get my groove back?
Strength Training for Women: Why?
August 2, 2011 Why should I strength train?
When I read the advantages of strength training I wonder why I have wasted so much time NOT strength training. The results of strength training for women are quickly visible. It is like the body yearns to get stronger. It is a hidden desire lying wait while I watch movies and make excuses. But then when I give it the chance my body welcomes the workout.
Did you know that strength training diminishes the signs of back problems, arthritis, depression, diabetes, obesity and osteoporosis? If it does all that why aren't women lifting? Why aren't they getting with a trainer today? Strength training also boost your stamina. Who doesn't want to have more energy? Women have too much to do not to be strong. Women are too busy to be sick and unhealthy.
On Saturday, as I was finishing the run part of a triathlon, I ran by a woman sitting in a chair smoking a cigarette. She was morbidly obese. She and I shared a smile and a hello as I ran past her apartment complex. I was so saddened to see her. I am sure that she was about my age. I realized that for some reason she had given up and was sitting. Her sitting was causing her to end her life slowly. Women can't do this. We have to grab life and go! We have to engage our bodies in the activities like strength training that makes life healthier and us stronger.
I have just started lifting weights. I have been attempting to do it on my own at my gym for a while. It is intimidating to try at go over to the "men's side" and ask questions, not to mention pick up the little weights. I was trying on my own but I wasn't getting results, however with my trainer, Tracy Carswell at My Fitness Solutions the guess-work has been taken out of it. I go in and get a great workout and see results quickly. I have support and someone else has to figure out what I am supposed to be doing. I am not afraid to ask questions of my trainer. They want to be the expert. They are there for me. They want to help me get stronger!
Too many health benefits are available to women not to lift weights! Grab some weights, girls and get started!
August 15, 2011It has been a GREAT summer! Awesome! Triathlons, runs, trips, books, visits, movies, beach, strength training with a trainer at My Fitness Solutions, friends and family. Can't get better! I am so good at vacation! I am actually gifted at it. I can't get enough! Then . . .
All this added up to me sometimes eating poorly and missing my morning cardio . That forced my body into a plateau. This happens when I work out from time to time. I hit a dip. I get very discouraged. When working out alone I don't know how to get out of it. I don't know how to develop a plan. I sent a text to my trainer that I had hit a plateau. I didn't think it would be much of a big deal. I found out that was it WAS a REALLY BIG deal. They don't want me to fail. They do everything to help me succeed.
When I got to My Fitness Solutions, Tracy and Fadi met me. They discussed with me my observations of what was going on. Fadi took me into his office to go over my goals again, and we wrote on the board where I had messed up in my ability to reach my goals. Fadi drew it all out on the board for me to evaluate. He explained that I was like a train and headed down the track. I was about to approach a cow. If I had enough momentum then I could just go through the cow, but I didn't have enough momentum so my train was stalled. I have to gather more momentum. I have got to produce more steam. I have to work a little harder and watch my nutrition like a bulldog on a bone. Nutrition is 80% of the success of strength training according to Fadi.I don't have enough momentum yet to have a cheat meal. Tracy is always giving me ideas of things to pack in my bag to eat. I have got to get back on it. We also discussed that I had made goals, but they weren't specific enough. I need measurable goals.
Fadi then customized a workout for me and worked me really hard. I am sure I catapulted over my plateau, and I am back on track. (I have to be. It is difficult to raise my arms to brush my teeth!) Then one of the other trainers, Rebecca, whom I have worked out with before called me to see if I wanted to go run 10 miles on Sunday morning. She is so helpful and encouraging. She gave me tips along the way. She knows I am beginning to train for a marathon in November.
All this led me to do some soul searching on developing measureable goals and re-igniting my efforts to obtain them. It is so easy to derail when you are trying to rebuild your body. If you are alone, it is easy to just quit because you don't know how to navigate out it. Life easily finds a way to roll in and messes up the ride. Then your head gets in the way and you want to quit. But with accountability and intimate help by my trainers I am back on track.
Here goes. Gotta build that momentum. Gotta , gotta, gotta.
LaLanne, who passed away earlier this year at the age of 96, spent two hours a day exercising. "This is where I take care of the most important person in my life: me," he jokes. "Exercise is king. Nutrition is queen. Put them together and you've got a kingdom." Keeping up with a weight lifting, cardiovascular and diet plan until he died, LaLanne believed in treating his body with the utmost respect.
Great article! Treat yourself to reading the whole article! This is what keeps me active. We are going to be here a long, long time. We want to be healthy the whole time. My friend's 94-year-old grandmother just died. She told my friend just a few weeks before her death while walking around at the lake, "I want to be alive until the day I die. Here today and gone tomorrow." What a great tribute to life!
I love LaLanne's quote, "Exercise is king. Nutrition is queen. Put them together and you've got a kingdom." Brilliant! This was a life well lived. The article states that he exercised 2 hours a day to take care of the most important person, himself.
Making these rewarding little choices every day, add up to a better longer life! All it takes is making a choice to get active and then just go do it! Get moving. Make your life better!
As you know I have been diligently engaged in trying to learn about fitness and nutrition. For the first time in my active, athletic life I have started strength training. I did not know anything about strength training. I started at zero with guidance by Tracy Carswell at My Fitness Solutions. I started losing weight quickly, then as I continued to work with the weights I started gaining weight. I got so discouraged. I didn't know if it was fat I was adding or lean muscle mass.
I was thrilled when I read Dr. Oz encourage his readers to go by their waist size and not their weight because weight changes so frequently but for a variety of reasons. This gave me hope. We do know that women that have a waist size of larger than 32.5 to 35 inches, measured just below their belly button have an increased incidence of some type of cancers. This was one thing I was working to avoid.
Then it happened. I realized that I was hormonal. For a week I was heavier and had gained 2 inches in my waist! That is so unfair. Women have to consider hormones when they are working on fitness. It really does affect all parts of your body and brain! I was shocked that I could gain 2 inches in my waist as I am not usually living by a measuring tape.
I have since measured and I have again lost more weight and inches! I am going to continue to use the scales and the measuring tape. I am just going to use a calendar too! Hormones have to be considered when women are trying to monitor their losses.
I have been using a nutrition program for two weeks now. I am learning so much. I would not ever call this a diet. It is a nutrition program. I am learning every day. I am eating 6 small meals a day. Every thing is planned out for me. All I have to do is cook and eat it. It is authentic and nutritious foods. There is also an exercise plan that accompanies it. I have found new foods that I didn't know that I liked. I have lost a quick 5.9 pounds! My husband has shed even more. My son says that you can't get fat at our house even if you want. We only have healthy choices at our house now. It has changed everything.
We are all feeling stronger and healthier. We have more energy and stamina to help us throughout the day. We are getting wiser about food choices. I have really started looking at the foods that I have eaten and served. I am really seeking what is healthy. Tracy Carswell is a genius at this. He seems to know all the ins and outs of foods. I was thinking today about foods. One thing I have to do on this diet is add good fats with each meal. This has meant that I have had to add avocados, almond or peanut butter, or olive oil to different meals. Then I started thinking about the standards of food-the ever famous peanut butter and jelly sandwich. This should really be renamed the fat and sugar sandwich! Although I must admit that I have eaten more than my share of these over the years.
As I am caught up in my own search and learning adventure for what is healthy and what acurrately fuels the body, I am aware of the foods around me that others are eating. I am trying hard to keep my suggestions to myself now that I have seen the nutrition light. Then because my thoughts are lately dominated by fitness and healthy nutrition, of course life throws me an opportunity. A mother of a student with whom I work suggested that potato chips were healthy because they are made from potatoes. They were potatoes. I almost choked on my all natural smoothie. Potato chips are not healthy foods.
In the words of Maya Angelou, "When I know better, I do better." I am now on the curve of learning to do better nutritionally. It is just the beginning. It is a commitment for life. Jack LaLanne, the famous health innovator said, "Exercise is king. Nutrition is queen. Put them together and you have a kingdom." It is all about trying to be better today than I was yesterday. Living better and learning more. The plan is available on-line to anyone, anywhere. It really works and is easy to manage. It is designed so all the work has been done for you. It really makes it convenient.
I recently heard a friend say,"I want to finally lose 50 pounds for my 50th birthday. " When you really want to lose it or you know someone who has dealt with a weight issue, or if you want to finally lose that last 10 pounds here is the way to do it. It is just straight, honest, science that can be easily done in your kitchen. I have spent so much money over the years buying diet meals that didn't work and starving,(that definitely didn't work). I just want my friends to realize that here is the answer when you are really ready.
Enjoy the weekend! Watch out for what you are really eating and serving! Love those people in your life so much that you will begin to make the healthy choices for them. Give them the fuel that it takes to live a long, healthy, vital life. Now you know better!
I Ain't Going to Rehab!
They tried to make me go to rehab, I said, "No, no, no" Yes, I've been black but when I come back you'll know, know, know I ain't got the time and if my daddy thinks I'm fine He's tried to make me go to rehab, I won't go, go, go I'd rather be at home with Ray I ain't got seventeen days . . . as sung by Amy Winehouse. She was right. She was exactly right. She didn't have 17 days. She used up her days as she burned up her body. Her body finally gave out and gave in.
How we justify our actions is nothing short of genius. We can sway even ourselves into believing that our actions, especially our little actions, will not catch up to us. You know the actions like eating that biscuit or eating the last bits of a dessert just because. Afterwards, we find ourselves in a predicament, and then we talk ourselves into thinking that we don't have the time or the money to rectify it. When indeed, not choosing to use the time and resources that we have does cut our days short.
I had dinner with a friend this weekend. She works in cardiology. She said that she doesn't have fit patients in cardiology. They just don't show up. She said there may be a few that are there for something genetic, but it is usually clean and easy, and they return home. She said that the tragedy is when you have young people who are there because they didn't think they had the time to be healthy, then she is taking care of them as their lives are really cut short and they are losing fingers and toes due to diabetes, another implication of not making healthy choices. You have to add to that high cholesterol and blood pressure. These can be avoided completely by making those small life changes, just changing one action at a time.
Healthy choices begin one small choice at a time, but like a savings account it adds up and adds days and quality of life to those days. This journey that I have been on to discover fitness and strength has empowered me greatly with what constitutes good nutrition and strength. It has been almost 3 months. I have lost 10 pounds and inches all over my body. My body is beginning to change its form. I am stronger and healthier than ever. I am glad I took the time. It didn't take too much longer than 17 days to make big (or small, depending on how you look at it) changes! Take the time to make those changes to your own nutrition and exercise program. You will be better for it. Take care of yourselves!
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US futures are pointing to a lower open ahead of today's Federal Reserve meeting on monetary policy, after ending higher on Tuesday. Investors are waiting to hear from the newly appointed Chairman Jerome Powell on monetary policy in the Federal Open Market Committee meeting. The Federal Reserve is expected to lift interest rates and traders are looking for clues about future rate hikes.
The S&P futures slid 0.09% to 2,721, Dow futures slid 0.10% to 24,741, and Nasdaq fell 0.37% to 6,892. Elsewhere, shares at Asian markets closed mixed on Wednesday, while European stocks are trading lower.
On the European economic front, data from Ifo Institute showed that Germany's GDP will grow 2.6% this year after rising 2.2% in 2017, and the growth pace for 2019 will likely ease to 2.1%. The Office for National Statistics data revealed that UK jobless rate slowed to 4.3% in the January quarter from 4.4% in the December quarter. The Economy Ministry data showed that Spain's foreign trade deficit widened to EUR 3.9 billion in January from EUR 3.1 billion last year.
On the Asian economic front, data from the Department of Statistics showed that Malaysia's consumer price inflation eased to 1.4% in February from 2.7% in January. The Reserve Bank of New Zealand data revealed that credit card spending in New Zealand rose 0.7% on month in February after falling 0.6% in January. The data from Statistics New Zealand showed that New Zealand's net migration fell to 68,943 in February from 71,333 last year.
On March 20, US ended higher, with Dow up 0.47% to 24,727.27. Nasdaq advanced 0.27% to 7,364.30, and S&P 500 gained 0.15% to 2,716.94. The markets turned positive as traders' focus shifted from potential trade war to interest rate hike.
Meanwhile, key economic events scheduled for today include the Federal Open Market Committee meeting, Commerce Department's current account, National Association of Realtors' existing home sales, and Energy Information Administration's petroleum status report.
On the corporate front, Facebook (FB) stock slid 1.50% in the premarket after an investor lawsuit over the controversial data usage hurt the shares for past two days. Salesforce.com (CRM) stock tumbled 2.89% and Mulesoft (MULE) stock advanced 5.45% in the premarket after Salesforce agreed to buy Mulesoft for an enterprise value of about $6.5 billion.
General Mills (GIS) stock fell 6.17% in premarket after lowering its fiscal 2018 earnings guidance, despite an upbeat third-quarter. Winnebago Industries (WGO) stock rose 2.84% in premarket after better-than-expected second-quarter results. Shares of Nordstrom (JWN) slipped 2.74% in the premarket after ending going-private discussions with its founding family. Tesla (TSLA) stock inched up 0.23% in premarket ahead of shareholders voting on executive chief Elon Musk's compensation arrangement.
General Mills (GIS) stock fell 6.17% in premarket after lowering its fiscal 2018 earnings guidance, despite an upbeat third-quarter.
On the earnings front, key companies reporting earnings today include Actuant (ATU), Pangaea Logistics Solutions (PANL), Scholastic (SCHL), WidePoint (WYY), Guess? (GES), Winnebago Industries (WGO), Herman Miller (MLHR), Altair Engineering (ALTR), and Five Below (FIVE).
Crude oil futures is up 1.01% to $64.18. Gold is trading up 0.23% to $1,314.90, and silver is up 0.31% to $16.24. On the currency front, the US dollar is trading down 0.27% at 106.238 yen. Against the euro, the dollar is up 0.31% to $1.2282. Against the pound, the dollar is up 0.40% to $1.4056.


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Posted on July 3, 2015 by Bellville Star
Graders blank Settlers, snap 7-game losing skid
Local Sports, Sports, Top Stories
By Andrew Carter
andrewcarter@civitasmedia.com
GALION — A collective sigh of relief was followed by smiles all around.
That was the reaction on Thursday evening at James D. Heddleson Field in Heise Park after the Galion Graders shut out the Licking County Settlers, 4-0. The victory put the brakes on a seven-game losing skid for Galion.
In the minds of the Graders (5-13), the win just might be the spark the team needs to make a run in the second half of the Great Lakes League season.
"It felt good to break that streak," said Graders starting pitcher Will Ore. "It was like having a piano on our back the last couple of games. It feels really good."
Ore (3-2) earned the win after working six scoreless innings for Galion. He held the Settlers to just two hits and finished the evening with one strikeout and three walks. Ore escaped a bases-loaded pickle in the sixth inning when Jake Krupar tracked down a line drive in left field off the bat of Licking County's Chad Wagner for the final out. Despite the tough circumstances, Ore said he wanted to remain aggressive against Wagner.
"Krupar got me out of it with a really good play," Ore said. "I didn't want to walk in a run or hit the guy, so I just had to attack him. That was the game plan all night, so that's what I did."
Galion's bullpen kept the shutout intact after Ore left the game in the seventh. Ben Hamilton walked two batters, but held Licking County without a hit in one and two-thirds innings. Brody Basilone pitched the final inning and a third and didn't allow a baserunner. He struck out one batter.
"Our pitchers did a really good job tonight," said Graders pitching coach Taylore Baker. "We've struggled all year with us putting up two or three runs and then giving up runs. Tonight our pitchers kept putting up zeroes and giving our offense opportunities. It worked out for us tonight."
Despite coming up with just seven hits, the Graders manufactured runs in the second, third, fourth and eighth innings, respectively, to pick up the win. J.T. Core went 2-for-4 and drove in a run. Dylan Slack, Nick Riotto and Zack DeThomasis each had a RBI.
Colton Carney, Mark Walton, Tyler Ocker and Kevin Shrock scored the Graders runs. Carney betled a double for the game's only extra basehit. Galion left 12 runners on base.
Zak DeCamp and Kyle Holbrook each had a single for Licking County. The Settlers (9-10) left eight runners stranded.
Starting pitcher Heath McRae (0-2) took the loss. He gave up two runs on three hits in three innings of work. McRae recorded three strikeouts and three walks. Altogether, Licking County used five pitchers in the game.
Baker said the comprehensive win over the three-time defending Great Lakes League champion should give Galion a boost of confidence as the season moves into its stretch run.
"I think this could be our turning point right now," Baker said. "Just everybody buying into what we're doing. We've been close in each of the seven games that we lost. Beating a team like Licking County is a big thing for us."
Galion and Licking County will square off again on Friday at Heise Park. First pitch is 7:05 p.m.
The Graders head to Athens on Saturday to tangle with the Southern Ohio Copperheads, and then return home Sunday for the second game of the series with Southern Ohio. First pitch on Sunday is at 7:05 p.m. Fireworks will follow the game.
Andrew Carter can be reached at 419-468-1117, ext. 2048. Connect with him on Twitter @ACGalionSports.
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We will meet at 10:00 a.m. at West Shore Unitarian Universalist Church, 20401 Hilliard Boulevard, Rocky River, Ohio 44116. We will walk (rain or shine) to Westgate Mall, about 1½ miles round trip. All are welcome. Please meet in support of the movement even if you cannot walk!
Please Note: This Health Care Walk is one of our main fundraisers of the year.
While there is no requirement to raise funds, it is easy to ask friends and colleagues to sponsor you for $5, $10, $20, or possibly more depending on their circumstances. Many people will support their friends' activities with a donation. If 10 of us can find 10 friends who can give $10 to support healthcare for all, then that is $1,000.


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© 2018 The PeaceRipples Institute Privacy Policy
Catherine Douglas is an educator, peace activist, and general life enthusiast! She started teaching over fourteen years ago about Positive Psychology, living the Good Life, embodied mindfulness, and what neuroscience can tell us about living a life of joy, love, connection, meaning, creativity and inspiration. She organizes global peace and compassion campaigns, has worked with dozens of organizations (see a few of them below), and recently served as Chief Happiness Officer for a large-scale museum exhibition on the Science of Happiness.
Her life mission is to create shimmering ripples of peace, laughter, inspiration and joy in the world. The PeaceRipples Institute is an offering to support you and the ripples you're here to create.


An American in East Africa wants to find the brother's assassins who had discovered a uranium field. Many clues lead to the bloody tribal sect of Leopard Men. Adventures in jungle allusive to the coevine, overwhelming Maul Mau Congolese revolt.
The Last Time I Saw Paris is a 1954 romantic drama made by MGM It is loosely based on F. Scott Fitzgerald's short story "Babylon Revisited." It was directed by Richard Brooks, produced by Jack Cummings and filmed on locations in Paris and the MGM backlot.
Movie 1951: Decision at Dawn (English, Spanish subtitles). Nominated for an Oscar as Best Picture of 1951. Directed by Anatole Litvak. Richard Basehart, Gary Merrill and Oskar Werner.
Gregory Peck at his best. Jennifer Jones at her best. Awsome, wholesome, gripping tale of the horrors of war, marriage and life.
1938 movie of Mark Twain's Classic, "The Adventures Of Tom Sawyer".
A sequel to The Robe. This movie Focuses More On The Life Of Demetrius The Corinthian, And The Apostle Peter.
This is another version of "Helen of Troy" based on the novel "The Iliad" by the Greek poet, Homer, written about 2900 years ago..


The residents of Panam Nagar remained unbent on vacating their houses and many of them continued throwing up new structures 15 months after the government declared the old town as a archaeologically preserved site.
Panam Nagar, known as 'Haveli Sonargaon' at the height of its glory, is now home to 50 opulent ancient buildings made of small bricks on both sides of a road surrounded by a trench in Narayanganj district.
In the face of continued demands from archaeologists, architects, newspersons and cultural activists, the government invoked the Antiquities Act 1968 to declare the town as a protected site.
"We are living here for the last 40 years. Now it is our home, our hope, our everything. We cannot leave it for the sake of heritage," Maya Begum, president of Panam Women Association, told The Daily Star.
'The government should permanently allocate these houses to us rather taking them away from us."
The graffiti on most buildings in the historic town echo the same sentiment. "We will sacrifice our lives, Not Panam," reads one. "It's our right to live here," proclaims another.
From the end of the 19th century to the beginning of the 20th, Hindu landlords and merchants put up the residential quarters on both sides of the road, bringing together contemporary Mughal architecture and grandeur.
Two bridges on the Pankhiraz canal between Dulalpur and Panam add to the archaeological riches of the old town.
The residents of Panam Nagar have been living in the historic buildings since 1965 when the original owners left them behind during the Indo-Pak war.
The current residents leased the buildings, treated as vested enemy property after the war, for 99 years from the government.
In March 2003, the president directed the authorities concerned to list the structures on more than 10 acres in Sonargaon upazila in Narayanganj district.
But the government's step to protect the heritage is so far limited to the official declaration.
"We have just submitted a project concept paper to the government for the preservation of the town. The government will probably include the project in the next Annual Development Programme," said Dewan Delwar Hossain, the director of the archaeological department.
"When the government will take the project, we will discuss the matter with local residents and convince them to shift to somewhere else."
"Virtually we are yet to do anything with Panam Nagar. But hopefully in the next year we will be able to start renovations to the relics and preservation of the town," he added.
After the declaration of the old town as a protected site, some local residents continued putting up new houses in the preserved area with the intent of making some quick money in damages from the government during eviction.
The new structures appeared incongruous with the historic buildings standing in virtual ruin with the images carved on their pillars and walls were peeling off, doors and windows rotting and rickety cast iron grills falling apart.
But some local residents underscored the value of the heritage they were destroying by careless use as residential houses and trade centres.
"It's really a laudable decision of the government for the protection of our heritage. But people, afraid of not getting proper compensation, are planning protests against the government decision," one of them said, requesting anonymity.
Archaeological department sources said they would conduct a survey in the area to find out real property owners.
"Compensation will be given to real owners," Dewan said.


Did You Miss the Epic Details in Cardi B's Grammy Look?
The 2019 Grammys were a big night for Cardi B. First, she won her first Grammy award for Best Rap Album of the Year which was also the first time a female has won the category. But alongside her incredible music accomplishments, she also totally nailed the Grammy fashion. She went big in the most Cardi B way and we are here for it. Think vintage runway fashion, a pearl-adorned wig and epic nail art.
First up, her dress. She hit the red carpet in a structural dress that looked like it could've come straight from the museum — And it almost did. The rapper wore a vintage Mugler dress that was straight from the archives. The showstopping look came from their fall 1995 Couture show which took place at the Cirque d'Hiver in Paris as reported by Vogue. She even wore it exactly how it was originally styled on the runway over 20 years ago. The form-fitting mermaid skirt fanned out at the pearl-encrusted waist so she looked almost like a flower blooming. The top half of her look was complete with a sheer blush bodysuit, over-the-elbow gloves and a pearl necklace.
Even her pearl-filled bouffant bun was a tribute to the original '90s look. Hairstylist Tokyo Stylez created the look using wigs. Even though it wasn't her actual hair, a ton of prep went into getting the pearl-covered wig red-carpet ready. First, he washed it two or three times with Suave Professionals Coconut Oil Infusion Damage Repair Shampoo. Then he put the wig in Suave Coconut Oil Infused Damage Repair Conditioner for 45 minutes to get it silky soft. He let it air dry for 20 minutes before blowing it completely dry with a Dyson Supersonic Pro Hair Dryer with a diffuser.
Then for a bit of shine, he used Suave Professionals for Natural Hair Define & Shine Serum Gel but blowing dry against for 10 minutes, "before I use the smoothing nozzle to begin molding the hair into a nice updo, securing style with bobby pins." Throughout the process he continued to spray in place with hairspray.
she said the look would've only taken an hour without stopping.
It was a look you certainly couldn't tear your eyes from — exactly what we've come to expect from Cardi B.


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