text:
BSAP Occasional Publication
Volume 6: forage protein in ruminant animal production
7.4 The Effect of Supplementary...
Volume 6 (Forage Protein in Ruminant Animal Production)
1982 , pp. 149-150
7.4 The Effect of Supplementary Starch and Urea on the Digestion of a Heather-Based Diet by Sheep
R. W. Mayes (a1) and C. S. Lamb (a1)
Hill Farming Research Organization, Bush Estate, Penicuik, Midlothian, EH26 0PY
DOI: https://doi.org/10.1017/S0263967X00030524
Sheep grazing heather hills in winter normally ingest a mixture of heather and indigenous herbage, predominantly Agrostis and Festuca spp. Under these conditions during mid-pregnancy, ewes at high stocking rates may lose excessive live weight leading to poor subsequent lambing performance. This undernutrition may be attributed, in part, to low voluntary intakes of herbage and, possibly, to insufficient amino acids being absorbed from the small intestine, since the availability of nitrogen (N) of heather is very low, both in the rumen (Milne, Christie and Russel, 1979) and in the small intestine (MacRae, Milne, Wilson and Spence, 1979). Supplementation could increase the nutrient supply to ewes grazing predominantly heather, since voluntary intake of a heather: Agrostis/Festuca (⅔:⅓) diet was not depressed when a urea and starch supplement was fed (J. A. Milne, A. M. Spence and H. A. Fisher, unpublished). The following experiment was conducted to examine the effects of such a supplement on ruminal digestion and the absorption of non-ammonia nitrogen (NAN) and organic matter (OM) from the small intestine and hind gut.
COPYRIGHT: © British Society of Animal Production 1982
MacRae, J. C. and Evans, C. C. 1974. The use of inert ruthenium-phenanthroline as a digesta particulate marker in sheep. Proc. Nutr. Soc. 33: 10A–11A.
MacRae, J. C., Milne, J. A., Wilson, S. and Spence, A. M. 1979. Nitrogen digestion in sheep given poor-quality indigenous hill herbages. Br. J. Nutr. 42: 525–534.
Mathers, J. C. and Miller, E. L. 1980. A simple procedure using 35S incorporation for the measurement of microbial and undegraded food protein in ruminant digesta. Br. J. Nutr. 43: 503–514.
Milne, J. A., Christie, A. and Russel, A. J. F. 1979. The effects of nitrogen and energy supplementation on the voluntary intake and digestion of heather by sheep. J. agric. Sci., Camb. 92: 635–643.
URL: /core/journals/bsap-occasional-publication


text:
You are at:Home»Culture»Flashback: Rockstar Games and Red Dead Redemption
In light of the release of Grand Theft Auto V, Cat Olley explains why Rockstar's biggest achievement is still Red Dead Redemption.
Flashback: Rockstar Games and Red Dead Redemption
By Cat Olley	on	 September 27, 2013 Culture, Features, Top, Video Games
The release of the much anticipated Grand Theft Auto V last week rocked the gaming world. With 10/10 reviews almost across the board, Rockstar and Take-Two generated a staggering $1 billion in sales after just three days. Our very own Joe Gibson praised it as 'the pinnacle of modern day gaming'.
Rockstar Games, in its various guises – their head offices are in New York – is behind some of the biggest games of the last decade, including Bully, L.A. Noire, the Max Payne series, and of course, the seminal Grand Theft Auto franchise. But none has captured my attention in quite the same way as 2010's Western masterpiece, Red Dead Redemption.
The game, set in 1911 – a spiritual successor to 2004's Red Dead Revolver – follows John Marston, whose criminal past catches up with him when the American government kidnap his wife and son, vowing only to return them when Marston captures or kills the three other outlaws in his former gang. This drives the plot and is the platform for many of the main missions in the game; you play as Marston as he attempts to track them down, doing favours for those he meets along the way in exchange for information and assistance. The characters are colourful and varied, whether drunken Irishman, necrophiliac grave digger or slimy Snake Oil salesman. And this is where the game shines; the writing and voice acting is cinematic in it's scope and attention to detail, ensuring a wholly emersive gaming experience.
Much of the Grand Theft Auto series is set in the fictional state of San Andreas, with gameplay focusing around the city of Los Santos, a Los Angeles replica oozing with the stardom and sleaze of the original. In Red Dead Redemption, the city is replaced by the sprawling countryside of fictitious American states New Austin and New Elizabeth, as well as Nuevo Paraiso, the game's very own Mexico. Beautifully realised, gamers spent hours riding aimlessly across the map, possibly being attacked by the odd cougar (their tell-tale shriek striking fear into the hearts of all who encountered them).
The beauty of this game is in it's completeness, and the escapism this offers the gamer. From the guns to the horses to the unlockable outfits and voice acting, Red Dead Redemption offers a consistency of style in it's subteleties that is associated more with film. The understated soundtrack is highly atmospheric, full tracks only played in particularly 'epic' in-game moments such as the crossing to Mexico. Many players have their own Red Dead Redemption 'soundtrack' – Queens of the Stone Age, Tom Waits and Mariachi El Bronx for me.
There is also, of course, 'Undead Nightmare', initially a DLC pack but subsequently released as a standalone for those interested in extending their gameplay by means of a highly original 'zombie take' on the Wild West. Here you play as John in survival mode, with shotgunning zombies in the face aplenty.
So there you have it. Grand Theft Auto may be Rockstar's biggest export, but for me the franchise doesn't compare to Red Dead Redemption in terms of the unimitable style and feel of the game, which I feel has greatly superior voice acting and plot to much of the GTA franchise.
N.B. I played the game in the PS3 format.
Cat Olley
Alex Meehan on September 27, 2013 4:39 pm
my Red Dead Redemption soundtrack: Kings of Leon-Youth and Young Manhood, and Aha Shake Heatbreak, and The Strokes- Room on Fire and Is This it?

redpajama_set_name: RedPajamaCommonCrawl


Another week of increases for mortgage applications -- the second in a row.
Data from the Mortgage Bankers Association's Weekly Mortgage Applications Survey shows applications were up 0.4% during the week ending July 21.
The Refinance Index rose 3% from the previous week, putting the refinance share of mortgage activity at 46.0% of total applications -- up 1.3% from a week earlier.
The adjustable-rate mortgage (ARM) share of activity increased to 6.8% of total applications, the FHA share dropped to 10.2% from 10.7% the week before, the VA share of total applications dipped to 10.5% from 10.7% and the USDA share of total applications inched up to 0.8% from 0.7% the previous week.
The average contract interest rate for 30-year fixed-rate mortgages (FRMs) with conforming loan balances ($424,100 or less) was down five basis points -- to 4.17% from 4.22%, with points increasing to 0.40 from 0.31 (including the origination fee) for 80% loan-to-value ratio (LTV) loans. The effective rate decreased from last week.
The average contract interest rate for 30-year FRMs with jumbo loan balances (greater than $424,100) dropped from 4.18% to 4.06%, with points decreasing to 0.24 from 0.30 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.
The average contract interest rate for 30-year FRMs backed by the FHA fell five basis points to 4.05%, with points increasing to 0.44 from 0.30 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.
The average contract interest rate for 15-year FRMs slipped to 3.45% from 3.48%, with points increasing to 0.45 from 0.39 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.
The average contract interest rate for 5/1 ARMs decreased three basis points to 3.29%, with points increasing to 0.26 from 0.21 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.


text:
Doctoral Degrees (Information Studies)
Information behaviour of rural women involved in small and medium enterprises (SMEs) in Chamwino and Manyoni Districts of Central Tanzania.
Thesis (2.703Mb)
Manyerere, Juliana James.
The study investigated information behaviour of rural women involved in SMEs in Chamwino and Manyoni districts of central Tanzania. The following research questions were addressed: What is the information behaviour of rural women involved in SMEs? What channels of communication are used by women to seek and satisfy their information needs? What information resources are used to seek and satisfy their information needs? What skills do women have to effectively identify and access information? How is the information sought by women involved in SMEs used? What challenges are faced by women in seeking and using information? The study was underpinned by the Wilson 1981 model of information behaviour. The interpretive research paradigm and qualitative research method were employed. A sample of 217 women was drawn from the two types of SMEs (poultry and kiosks). Interview and focus group discussion were used to collect data. Data were analyzed using thematic analysis and Nvivo (version 7) computer software. The findings revealed that although respondents' pattern of information behavior was passive, the most commonly needed information was family care and business. Mobile phones were the most used channel of communication, followed by face to face meetings and visitations to friends and neighbours. Further, respondents were more likely to consult informal than formal sources of information and most respondents did not have skills in identifying and accessing information. The challenges that respondents faced included lack of enough time; lack of awareness; inadequate and irrelevant information materials within the centres; limited airtime to communicate through their mobile phones; network failure; and lack of electricity. The study recommends regular surveys of user needs using participatory approaches. Government should leverage the CDOs, WEOs and VEOs to plan, design and implement special programs for rural women entrepreneurs. It is highly recommended that information centres in rural areas make available, information resources in common languages such as Kiswahili, and in appropriate formats. The local authorities must recruit permanent staff to keep the information centres throughout the week. The government needs to provide the opportunity for the rural women entrepreneurs to link up with such agencies as ILO, UNIDO, national and international trade fairs that could provide training in SMEs management and financing. The recommendations proposed include providing a framework for policy review regarding the information needs of women involved in SMEs. In addition, capacity building initiatives should be developed for women entrepreneurs involved in SMEs. Other recommendations include information infrastructure development and business networking to enable women to play a meaningful role in the rural economy of Tanzania.
Doctoral Degrees (Information Studies) [80]


text:
Greek Women in the Archaic Age
Ancient Languages
Understanding the Lives of Ancient Greek Women
Heritage Images / Getty Images
by N.S. Gill
N.S. Gill is a Latinist, writer, and teacher of ancient history and Latin. She has been featured by NPR and National Geographic for her ancient history expertise.
Evidence About Greek Women in the Archaic Age
As with most areas of ancient history, we can only generalize from limited available material about the place of women in Archaic Greece. Most evidence is literary, coming from men, who naturally didn't know what it was like to live as a woman. Some of the poets, notably Hesiod and Semonides, appear to be misogynist, seeing the role of woman in the world as little more than a cursed man would be well off without. Evidence from drama and epic frequently presents a stark contrast. Painters and sculptors also portray women in a friendlier manner, while epitaphs show women as much-loved partners and mothers.
In Homeric society, the goddesses were just as powerful and important as the gods. Could the poets have envisioned strong-willed and aggressive women if there were none in real life?
Hesiod on Women in Ancient Greece
Hesiod, shortly after Homer, saw women as a curse sprung from the first female whom we call Pandora. Her name means "all gifts," and she was a "gift" to man from an angry Zeus, crafted in Hephaestus' forge and cultivated by Athena. Thus, Pandora was not only never born, but her two parents, Hephaestus and Athena, had never been conceived by sexual union. Pandora (hence, woman) was unnatural.
Famous Greek Women in the Archaic Age
From Hesiod until the Persian War (which marked the end of the Archaic Age), only a few women's exploits were recorded. Best known is the poet and teacher from Lesbos, Sappho. Corinna of Tanagra is thought to have defeated the great Pindar in verse competition five times. When the husband of Artemisia of Halicarnassus died, she assumed his place as a tyrant and joined the expedition of the Persians led by Xerxes against Greece. A bounty was offered by the Greeks for her head.
Archaic Age Women in Ancient Athens
Most of the evidence about women in this time comes from Athens, like the influential Aspasia in the time of Pericles. Women were needed to help run the oikos "home" where she would cook, spin, weave, manage servants and raise the children. Chores, like fetching water and going to market, were done by a servant if the family could afford it. Higher class women were expected to have a chaperone accompany them when they left the house. Among the middle class, at least in Athens, women were a liability.
Occupations of Archaic Age Greek Women
Priestesses and prostitutes were exceptions to the generally low status of Archaic Age Greek women. Some wielded significant power. Indeed, the most influential Greek person of either sex was probably the priestess of Apollo at Delphi. Spartan women may have owned property, and some inscriptions show that Greek tradeswomen operated stalls and laundries.
Marriage and Family Roles in Archaic Greece
If a family had a daughter, they needed to raise a substantial sum to pay the dowry to her husband. If there was no son, the daughter passed her father's inheritance to her spouse, for which reason she would be married to a close male relative like a cousin or uncle. Normally, she was married a few years after puberty to a man much older than herself.
Frank J. Frost's Greek Society (Fifth Edition).
Overview of the Archaic Age of Ancient Greek History
Ancient Greek History: Tripod
Five Ages of Man in Greek Mythology According to Hesiod
Types and Functions of the Ancient Roman Priests
Classical Authors Directory
Learn Fast Facts About Ancient Greek Colonies
Most Important People in Ancient History
How Important Was the Chorus to Greek Theater?
Who Were the Three Parents of the Mighty Hercules?
Timeline of the Greek Empire
Why Weren't Women at the Olympic Games?
What Did Ancient Greeks and Romans Wear?
11 Amazing Women in Mathematics History
Bellerophon: Beyond the Chimaera
Why Ancient Greeks Blame Pandora for the World's Suffering
Minotaur to Hell Boy: Half Human, Half Animal Creatures from Mythology


Now, Motorola Moto Z2 Play is available to pre-booking in the UK. The smartphone has listed on the company's official UK website and is priced at £379. The smartphone is shipments starting to 14th July and comes with Fine Gold, Lunar Gray, and Nimbus Blue colors.
The smartphone comes with a 5.5-inch Super AMOLED multi-touch display with screen resolution of 1920 x 1080 pixels and 401 PPI. The screen was protected by a Corning Gorilla Glass.
It is powered by a 2.2GHz octa-core Qualcomm Snapdragon 626 processor with 3GB/ 4GB of RAM and Adreno 506 GPU. The device comes with a 32GB/ 64GB of internal memory and expands 256GB via microSD card slot.
The device comes with a 12MP rear camera with dual LED flash and f/1.7 aperture. The 5MP front camera with dual LED flash and f/2.0 aperture. The rear camera supported for the 4K video recording.
On the connectivity side, the device includes Bluetooth, Wi-Fi, GPS, 4G LTE, Dual sim and Type C USB port.


Tomorrow, Barack Obama will be sworn in as the 44th President of the United States. The oath of office is scheduled for 9:00am our time, followed by President Obama's inaugural address.
MSNBC also provides videos of previous inaugral addresses.
Remember, Barack Obama will be sworn in as President of the United States at 9:00am.
January 20, 2009 in Election, Event.


Verdict: Blue Cash Preferred® is one of the best cash back rewards cards of 2017 for good reason. It is hard to beat 6% cash back on your first $6,000 of groceries at U.S. stand-alone supermarkets (and 1% after that), unlimited 3% cash back on gas purchases at ANY U.S. stand-alone gas station, and 1% back everywhere else. This card provides bonus cash back where most families spend their money.
It's important to note that this card comes with a $95 annual fee. There is a no annual fee version called Blue Cash Everyday - and we recommend that card if you are not going to be maximizing your rewards on groceries, gas, and at department stores.
Blue Cash Preferred or Blue Cash Everyday?
Do you spend at least $3,167 per year in groceries? If you do, you will earn enough additional cash back rewards with Blue Cash Preferred to justify the annual fee.
The Blue Cash Preferred rebate program is very straightforward. There are no rotating categories to sign up for each quarter. If your family spends a lot on gas, groceries and clothing, this card offers you the opportunity to earn a lot of cash back rewards.
This card carries an annual fee (it was $75 until August 3, 2016). It also comes with a late-payment and returned-payment fee, as well as a foreign transaction fee. Overall, the fees are a bit high on this card - and can easily wipe out any rewards you earn.
However, we do like the 12 month introductory APR offer for purchases and balance transfers - just watch out for the fee on those other transfers.
Our Guide to Cash Back cards provides some nice tables and tips on choosing which cash back card will maximize your rewards. You can even see estimates of what different rewards cards will earn you back in a year based on spending levels.
Blue Cash Preferred is a great credit card for bigger spenders as it allows you to maximize your rewards on groceries, gas, and clothing. The useful American Express features, such as the Buyers Assurance Plan and Return Protection are an added bonus.


text:
The Best TV Shows of 2018 (So Far!)
Bobby Olivier
Propelled by the splashy, internet-kindling arrival of teen noir Riverdale, the unparalleled series-capping third season of HBO's woefully under-watched Leftovers, and the prescient, patriarchy-bashing first run of Hulu's The Handmaid's Tale, 2017 did well to establish itself as a tough act to follow, at least where television is concerned.
But six months in, 2018 has thus far proved a promising successor. Whether via the take-no-prisoners politics of Samantha Bee, the wet-eyed sentimentalism of Netflix's Queer Eye reboot, or the pure-hearted nostalgia of Everything Sucks!, this year has already gifted TV obsessives with plenty of worthwhile binge material, and a versatile one to boot: The standouts range all the way from zany comedies to heavy, emotionally charged dramas.
Amid the saturated landscape of Peak TV, there's plenty left to come, but below, check out PopCrush's 10 favorite shows so far.
Didn't see a TV show you loved on our list this year? Let us know in the comments or hit us up on Twitter!
Source: The Best TV Shows of 2018 (So Far!)
Categories: Lists, News


Robert Hubbard is the founder of GuessCloud. I first came across GuessCloud in Instagram and I was instantly impressed. The idea was simple – take photos of clouds and get people to guess what they look like. However, the thing that attracted me was that it encouraged people to stop for a few moments, take notice of what is happening around them and appreciate something in nature.
What I didn't realise is that GuessCloud is about so much more. It is an organisation which is taking action against pollution in New York City (and inspiring people to take similar action all over the world), helping homeless people and people in need. There are few organisations in the world who 'just want to do good' but this is one.
Robert is a man of heart. Read anything he publishes and you will see that. His commitment to the planet and all people on it is second to none. A truly inspiring man, I am happy to showcase Robert Hubbard as an Earth Champion.
Well hello everyone! It is such a pleasure to have this opportunity to connect and collaborate with Mahdi Earth.
My name is Robert Hubbard and I am 28 years old. I am a 7 year U.S. Army Combat Veteran who served 15 months in Mosul, Iraq (2007-2009) and 12 months in the Horn of Panjwai, Afghanistan (2010-2011).
I was born in North Carolina, moved to Ohio when I was 6, then joined the Army on my 19th birthday. I grew up in a famous yet forgotten city of East Liverpool, Ohio. It is famous for its past pottery and steel industries. It is also known as the "Point of Beginning" but I will let you look that up.
It is very hard to tell someone what I do for work or what industry I work in. However, I can tell you what I am currently doing right now and let you figure out what Industry I am in. I am a full-time student at Monroe College Bronx, NY and currently in my Bachelors in Business Administration w/ minor in Marketing. I am completing an internship for a well-known social media marketing company who has decided to hire me after completion of the internship. On top of all of that, I also do everything for GuessCloud which is an environmental non-profit organisation (when I say everything, I mean everything).
I seem to find myself passionate about too many things at times. My top 3 passions are helping children/homeless/poor, helping people of colour, and fixing the mess we made to our beautiful earth.
2. What is your service and how does it benefit the world?
GuessCloud's mission is I.C.E. - Inspire, Clean, and Educate NYC (and the world). When we inspire an individual to do something they would never have imagined themselves doing, they get motivated and start to see the possibilities in how the situation can be improved, rather than believing that any action taken would be frivolous.
The cleaning aspect of the I.C.E. acronym refers to people actually taking action. The "act of doing". It is important we follow through on our inspiration and motivation when it comes to cleaning up the planet. The "act of doing" inspires and motivates others to want to help also. By actually doing, you become a leader, and leaders attract followers.
Once we are acting on what inspires us, and inspiring others, we can start to educate (the E in I.C.E.) those who need to hear it. To educate effectively, we need to tell of our personal experience and awareness of the problem at hand. We need to know what works and what doesn't. That is why education is third on the GuessCloud agenda.
· Litter/trash problems by getting out there, getting hands dirty, cleaning and bringing awareness to others.
· Homeless/poor people by getting out there, finding them, helping them personally, and recording their stories to share.
· Helping People of Colour to succeed by being active activists/advocates.
· Lack of Youth Activities by getting them involved in everything.
3. What inspired you to create this product/service?
When I moved to New York City in 2013, I really didn't know what I wanted to do in my life. I had just got out of the Army in 2012 so being a civilian was still pretty new to me. In fall of 2014 I was standing outside on a hill and looked up. I saw a cloud, a cloud that looked like a fighter jet. I quickly took a picture of it and started thinking. Instantly the word GuessCloud popped in my head and so I researched the name to find out no one was using it. That was the inspiration for the name.
The inspiration for making GuessCloud into a reality and to make a difference in the world would have to be the way we live. The longer I stayed in New York City the more litter, trash, air pollution, waste, segregation, homeless people I saw. I thought to myself "This couldn't be. How and why?". Living intentionally and selflessly helping the world and others is my inspiration and secret to GuessCloud's recent success.
4. How can people help your initiative?
There are plenty of ways to help GuessCloud on its mission to change the world and make it a better place to live. You can find everything you need to know on our blog at GuessCloud.org – We will be starting clean-ups officially in Spring 2016 after the snow melts. I am already collecting money for that and another campaign I am running to help the homeless (GoFundMe.com/90andHomeless).
I also want to point out that you don't have to have money or be from NYC to help out. You can always show your support for us on our blog and many other social media platforms that we have, such as Instagram, Facebook, Twitter, and a few others! Liking, commenting, and sharing are just as important as a donation or volunteering.
5. What has been the most surprising thing that has happened in the making of your products/service?
The biggest surprise is that GuessCloud started as an idea on Instagram and has now transformed into a huge community of people who love clouds, the world, and want to make a difference. I created the hashtag #guesscloud on Instagram and it grew to over 15,000 posts in just 6 months, now it's at about 23,000+ posts. In just 2 days of launching my campaign to help the homeless, I received $185 from 7 different people from all around the world. That right there is amazing to me. I think maybe 1 out of the 7 donors was actually from New York City.
6. Who was your greatest role model/mentor on this journey?
Professor Johanna Espinosa was and still is my greatest mentor and person of motivation during the creation of GuessCloud. Before I met this wonderful, always smiling, and bubbly human being, I had no clue what I wanted to do with my life. The way she presented herself with her intrinsic teaching and was always so joyful made me interested in her. I just had to know everything she knew, everything she did, and how she is the way she is. Never before had I seen anyone so "ready" to tackle the world and teach others. I wanted to be like that. So I asked her to take me under her wing, and she did. I am so glad she did because now I am here writing and sharing my story to all of you for Mahdi Earth.
7. What has been the biggest challenge for you?
There are a lot of challenges but the biggest one would have to be dealing with the majority. Majority meaning the people who gave up, are negative about being positive, and who choose to live their life without purpose or taking action. I found out early in the game that the percentage of people who care enough to actually do something about the world's problems is very small. So the biggest challenge is definitely unity right now.
8. Did you ever want to give up? If so, what made you persevere?
Of course I wanted to give up! With what seems like the world against you, how could you not want to give up? You can even ask my mentor Johanna. I would text her at odd hours with negative messages about how the world has given up and no one cares anymore.
I was a mess, I just could not believe how many people I thought cared, really didn't. But I pushed through those bad times and didn't give up. I kept educating people and giving awareness about what is happening around the world.
Most importantly I kept telling myself that there had to be more people who cared as much as I cared. Slowly the love starting pouring in, I started getting positive comments, shares, donations, and messages of inspiration and motivation from my fans, from my true fans that stuck around through thick and thin. I almost gave up on them, I was dumb for having that thought. At the end of the day, it was my fans around the world who saved me.
9. Where would you like your brand to be in 5 years' time?
· Making a huge impact on the way we live in NYC.
· Maintaining a clean city starting with the Bronx.
· Helping many homeless down the road of recovery.
· Having our youth be on the streets in a positive way.
· Having a creditable presence in the fight against environmental destruction.
10. Do you have any advice for others wanting to follow their dreams?
I think any great successful person would tell you to just start. Dip your toe in the big pool of difference making and dive in. Let me tell you there is plenty of room for everyone. Do not intentionally live your life, you need to live your life intentionally. That means you need to live with action and purpose.
You also need to get rid of negative energy in your life. It could be people you hang out with at work or at school. It could be friends or family members. Don't get me wrong, you shouldn't ignore negative energy because it will always be there anyways, but it shouldn't be a big part of your life while you are trying to make a difference.
DON'T STRESS!!! I have really stressed enough for everyone and I have learnt that it doesn't serve you at all. My main stresses were about how much litter and trash was laying all over the streets with people were walking through it like snow. I used to stress and feel so bad that I wasn't able to pick everything up. It would really get to me, right to the heart.
Then one day a thought came to me. This trash is going to be here regardless if I picked it up or not. Why would I say that, you might ask? Well it was simple actually, I hadn't educated anyone yet. It was clear to me that awareness, education, and the act of actually doing it was the solution to the trash problem. That is when I came up with GuessCloud's mission I.C.E. Inspire (motivate), Clean (take action and physically do it), and Educate (awareness).
Last bit of advice - stop making excuses and procrastinating. Seriously, you should just start taking action now. You can do it and there is only one thing that can stop you right now and that is you!


text:
Award Winning Author - Shirley Melis Wins Big at 2019 Global Ebook Awards
Recently, our client and author Shirley Melis won not one, but two of Dan Poynter's 2019 Global Ebook Awards for her memoir Banged Up Heart: Dancing with Love and Loss. Shirley won gold in the "Best Ebook Trailer" category and silver in the "Autobiography/Memoirs" category.
Back in 2017 we collaborated with Shirley to film and produce her book trailer and promote her memoir. Since the book was released, Shirley has been on two blog tours and has received tons of great reviews from her readers. These two awards are huge milestones for Shirley and we are extremely proud to call her our client. You can watch her award winning book trailer here or below.
Marketing a Business and a Book: Vista Living Care
Our client Vista Living Care is a senior living community that consists of three homes in New Mexico, two in Santa Fe and one in Las Cruces. Vista Living Care (VLC) is one of the only facilities that specializes in homes that cater to people who have dementia and Alzheimer's.
We do a wide range of marketing and promotional work with VLC. Currently we are running and maintaining their social media accounts, which include Facebook, Twitter, and most recently an Instagram account. We post on social media 2-3 times a week with content that includes photos of their elders doing fun activities like arts and crafts or dancing. Along with this, we designed and created their website which we update regularly and where we post bi-weekly blogs. To make sure our content is new and updated, we visit the two homes in Santa Fe often and send a photographer to the Las Cruces location to take professional photos of the facilities, staff, and of the elders in their home environment. Every couple of months we send out a newsletter that includes upcoming events, recent blog posts, photos, and much more. Along with this, we help them design a range of marketing materials like flyers or brochures.
We also offer book marketing services to Vista Living Care because they have recently released a book called Mindful Dementia Care. We have been promoting their new book with a blog tour which has help grow exposure and generate many reviews for the book. We really enjoy having them as a client and we have a lot of fun working with them.
Design and Marketing for the Arts: EntreFlamenco
EntreFlamenco is a Flamenco dance company that officially claimed Santa Fe as their home a couple years ago with their new space near the plaza (El Flamenco), but they've been performing seasonally in Santa Fe since 2011. We've been happy to support them from day one. Our friends and world class flamenco dancers Antonio Granjero and Stephanie Ramirez direct the company and present shows year-round. They both performed with Maria Benitez when she was touring the world and maintaining a summer season at The Lodge. For years, we've been happy to support them with video, photography and donations, but recently, Mari Angulo joined the board board of directors for their non-profit 'Spanish Danzart Society', deepening Artotem's support.
We collaborated with EntreFlamenco to help them design a program book for their 2019-2020 season. We kept the flow of the pages very similar to their programs from previous seasons and focused on making sure the layout of each page was aesthetically pleasing, while keeping all important information clear and readable. We were inspired by a photo of Stephanie, where she is striking a strong pose in a red dress. We used this photo as the cover and made the theme of the entire program to match. We played with design elements like black and white photos with color overlays so that text could be read more easily on top.
We are getting ready to set up e-blast emails and a periodic newsletter to be sent out to better reach their constituency. In the newsletters we might include recent performance photos, and mention their upcoming guest performers. EntreFlamenco also hosts workshops and gives free dance classes for local youth, so the eblasts could be a useful tool to get that information out to more people.
We look forward to many more years of supporting great artists through our creative work with EntreFlamenco.
Working for nonprofit events: Music for Everyone
Our clients at the Santa Fe Youth Symphony Association (SFYSA) had their big event of the year this month. SFYSA's 25th Anniversary Celebration benefit concert, with the theme Silverscreen: Music for Everyone, was a smashing success. Not only did SFYSA's event fill the Lensic for a night of family fun with movie score classics performed by the Santa Fe Youth Symphony and additional performances by renowned local artists Nacha Mendez and Jono Manson, but it also raised awareness of and $25K for the organization.
Artotems supported the event this year in a variety of ways. We contributed to the design, look, and feel of the promotional materials, postcards, and invitations. Using those design elements, we produced the promotional video that advertised the event on social media and on KOB's "Good Day New Mexico" morning show. We sent out various e-blasts to get concert-goers excited about the event, and booked the publicity for the concert on radio, TV, and popular event sites.
The promotional video was used to advertise the event through Facebook and Instagram and as the introductory piece to the SFYSA's "Good Day New Mexico" TV interview.
Our services also included managing the production of the concert program and making sure the multimedia images and videos to be projected during the event were completed and ready for showtime.
We especially enjoyed helping to put together these 25th Anniversary videos that played throughout the concert and will also be used to promote each of the youth symphony's programs. We were intimately involved with the process, from conducting interviews to adding the finishing touches while working with a videographer-editor to deliver the final product.
During the concert, we captured images of the student musicians and special guests who were performing. It was truly an inspiring night.
A reception was held at Manitou Galleries where they conducted a Painted Violin Auction.
Of course, we couldn't help but take our favorite one home!
Artotems Co. Wins National Press Awards
We recently placed in the New Mexico Press Women's communication contest and went on to win awards in the National Federation of Press Women's Awards!
To participate in the national awards, contestants must place first in the initial state competition.
National Federation of Press Women Awards
Banged-Up Heart Book Trailer for Web and Social Media - Videos for Website - Corporate for profit
Wave Rider - Book Trailer for Web and Social Media - Videos for Website - Special interest
Honorable Mention Santa Fe Youth Symphony Monthly Newsletter PR Mateirals - Nonprofit, government, or educational
New Mexico Press Women Communication Awards
Santa Fe Youth Symphony Monthly Newsletter in PR Materials - Newsletters - non-profit, government or educational.
Santa Fe Public Schools - Music Department Newsletter in the PR Materials Newsletters, non-profit, government or educational
Our Heads Are Round
Our heads are round so that our thoughts can change direction." Francis Picabia
Cabaret Voltaire - DADA
Photo by Mari
We had a primary mission in visiting Zurich, Switzerland, to visit the Cabaret Voltaire.
Founded in 1916 by Hugo Ball, Cabaret Voltaire was literally the birthplace of Dada, the art movement, or more accurately, the anti-art movement that turned into a crucial statement and artistic outcry predicated on a protest against the horrors of World War II. The world was stunned at the carnage of the war and the Dadaists responded.
""The war is founded on a glaring mistake, men have been confused with machines."
Other founding members were, Tristan Tzara, Richard Huelsenbeck, Marcel Janco, Sophie Tauber, and Hans Arp.
Dada was art, performance, politics, poetry, happenings, and so much more. Its impact is still being seen in the art world and Neo Dadaism is alive and well.
Cabaret Voltaire is still there and still pushing the boundaries of art, music and performance.
On a September night Mari (also an art lover) and I sat drinking beer listening to music that fit perfectly with the atmosphere in this important landmark of art. The crowd was a mixture of older and younger people. All appeared to know just how important the place they were in was. For me it was a visit that checked off an important life-list activity. Being a part-time artist who occasionally creates Dada related work, this visit was truly thrilling. The history enveloped us and it glowed in a magical way. Dada!
The exhibit at the time we were there was by Mexican artist, Carlos Amorales, a multidisciplinary artist who studied at the Gerrit Rietveld Academy and the Rijksakademie in Amsterdam.
Going to Zurich? Visit Cabaret Voltaire!
Learn more about Dada
List of Dadaists - Go Here
Dada Globe
New Mexico-Arizona Book Awards Finalists
Congratulations to our author clients who were just announced as finalists of the 2017 New Mexico and Arizona Book Awards! Rebecca Pott Fitton (First Book & Best Cover Design), Shirley Melis (First Book & Biography), Francie Healey (Health Book), and Leona Stucky-Abbott (Biography & Best Cover Design). Best of luck to all of you! We'll be cheering you on at the awards ceremony in November.
See the full Finalist list here.
The Book Burning at the Bebelplatz in Berlin
We've been in Berlin for a week. Taking notes. Allowing the weight of the city's complex history to sit with us.
We may have more to say later, but for now we leave you with this famous memorial.
The Sunken Library by Israeli Artist Micha Ullman
This memorial located directly under the Bebelplatz in Berlin shows what is missing: books. These are underground and empty white bookshelves with enough space to fit the approximately 20,000 books that were burned there on May 10, 1933 at the behest of the Nazis.
Two bronze plates also set in the ground contain an inscription with the warning:
"That was but a prelude;
where they burn books,
they will ultimately burn people as well.
Heinrich Heine 1820"
We must not forget.
Visiting Sachsenhausen Concentration Camp
By Mari Angulo.
Click photos for detail and captions.
10+ years ago I visited Dachau near Munich, and yesterday we visited the Sachsenhausen memorial in Oranienburg. Likely due to our turbulent status quo, this visit to the Sachsenhausen site brought up several things:
The realization that I don't have the capacity to imagine the terror of its prisoners. Amazement at the endless creativity for torturing and systematic murder of hundreds and thousands of people. A sense of being dumbfounded at the complicity of civilians coupled with an understanding of the complexity of this evil phenomenon.
While white supremacy ideals are not German, and evil is a human problem, somehow all the right ingredients came together with the right time and place for the holocaust. With white supremacy on the rise, even in Germany the extreme right wing will likely have a voice in the parliament after next week's elections. Trump is already the president of the US and there are leaders all over the western world ready to uphold fascist ideals.
Being far from resolution in this matter, we must stand our ground. We can't afford not to learn from our mistakes. There is too much at stake to flirt with these ideas or to become desensitized to the messages that uphold them. Pay attention. Speak up. We cannot be complicit.


In a recent post (original in Chinese here), Yang Hengjun (楊恆均), a former official in China's Ministry of Foreign Affairs-turned "independent scholar, novelist, and blogger" (information indicates that he may also have been with the Ministry of State Security), presents three scenarios through which unification between Taiwan and China would conceivably occur. The first two — "natural unification" following a convergence of social institutions and unification by force triggered by a declaration of independence — were suggestions by netizens after Yang invited his followers on Weibo to discuss the matter. Yang, however, argues that a third option exists to achieve what he calls the "great cause of national unification": factionalism in Taiwan. Here's why Yang is probably wrong.
China could introduce elections into its political process, just like Taiwan, and politicians in Taiwan could run for elections in the mainland [sic]. If this comes to pass, the thinking goes, Taiwan will have no reason to refuse unification.
If the rulers of Taiwan declare independence, Beijing would use force to unify the island.
Yang acknowledges (rightly) that president-elect Tsai Ing-wen (蔡英文) is unlikely to engage in the same kind of risk-taking that Chen Shui-bian (陳水扁), her predecessor from the Democratic Progressive Party (DPP), was known for. Whether this has anything to do with Tsai's advanced degree from the US, as Yang argues, is debatable. But there is no doubt that Tsai has indeed adopted a more careful, if not conciliatory, position vis-à-vis China (in all fairness to Chen, we should point out that he also opened his presidency with a soft stance on China, which hardened only after Beijing refused to return the favor and when, seeking a second term, he turned to "deep green" elements in Taiwan for support).
the political climate in Taiwan undergoes drastic changes, creating a rift between the two ["green" and "blue"] factions. One faction leans overwhelmingly toward Beijing, and regains control of Taiwan with the military support of mainland China, bringing about unification.
The author's conclusions stem from discussions he claims to have had with 15 observers from the "deep green" and "deep blue" camps during a visit to Taiwan.
Yang then offers the two usual — and antipodal — positions: of the Chinese Nationalist Party (KMT) as "a foreign power" that "oppressed and enslaved the Taiwanese people for decades" (green); and "if the KMT does not take power again, Taiwan will be trapped in the swamp of the pro-independence faction, and mainland China's only option will be to use force" (blue).
The least of our worries is Yang's failure to even attempt to mask his attempt to discredit Taiwan's democracy or the hyperbole in which he engages by comparing a deep blue's language to struggle sessions during the CR. Above all, the problem lies with his methodology — the 15 individuals he's allegedly spoken with. Not only is this far too small a sample, but it is dangerously vulnerable to sample bias (and in fact I am convinced that his sample is biased). Yang gives the impression that the deep blue faction is something more substantial than the marginal factor that it has become in Taiwanese politics.
Undoubtedly, one can easily find and interview 15 deep blue individuals who will "vehemently" lambaste their enemies from the green camp (the unelectable dinosaurs from the New Party and the China Unification Promotion Party come to mind). But then again, one could also probably find an equal number of individuals here who believe that Taiwan should become the 51st U.S. state or return to Japan. The selection bias in Yang's "sample" is so transparent that it undermines his entire argument (it would have helped if he had identified a few of them or at the very least said something about their affiliations). The fact of the matter is that the deep blues he describes are utterly irrelevant and insufficient in numbers to facilitate the kind of scenario (regaining control of Taiwan with the military support of mainland China) that he proposes. There is no doubt that such elements exist in Taiwan (e.g., Chang An-le, aka "White Wolf") and that they will willingly cooperate with Beijing's United Front and political warfare departments to undermine Taiwan's democratic institutions, but their efforts are easily countered by the overwhelming support within Taiwanese society and in both blue and green camps for Taiwan's liberal-democratic way of life. In fact, even "deep blue" supporters of the Beijing-friendly Hung Hsiu-chu (洪秀柱) told me before she was elbowed out of the presidential race by her own party that the Republic of China isn't the People's Republic of China and that preserving their democracy was a key consideration. His claim that the two camps see each other, and not Beijing, as the main enemy is patently false; at a minimum, it attempts to portray animosity between two neighborhood chain gangs as a reflection of larger social forces, a view that entirely skips the consolidation of values that has occurred in Taiwan over the past three decades.
Yang's error is to have isolated the most extremist views within Taiwanese society—those who, he claims, have "a soft spot for Beijing and the mainland" — without assessing whether such opinions have any traction within society, and to suggest that they are significant. They simply aren't.
J. Michael Cole is a Taipei-based senior non-resident fellow at the University of Nottingham's China Policy Institute, and an associate researcher with the French Center for Research on Contemporary China (CEFC) in Taipei. This article was first published in The News Lens International on April 19, 2016.
Advocates of Taiwan independence are laughable. They claim they are justified in politically seceding from China, either the ROC or PRC, but crush anyone who attempts to secede from their own would-be "Republic of Taiwan".
Many years ago, New Party legislator Fu Kuen-chen appeared on a TV talk show with Democratic Progressive Party legislator Lin Cho-shui. Fu, a highly respected international law expert educated at the University of Virginia, confronted Lin, a rabidly Sinophobic Taiwan independence hardliner.
Fu pointed out that if Taiwan independence secessionists genuinely believed the justifications they cited for political independence from China, then they were obligated to honor similar demands for political independence from Taiwan. If Lin and his cohorts denied such demands, they forfeited the right to secede from China.
How did Lin respond? Lin assured Fu that Taiwan independence leaders, being liberal idealists, would allow anyone who wanted to secede from Taiwan to do so.
+ More Does Beijing Believe Its Own Official Line On Taiwan?


Citrus Diner is just off Ogden Ave. in St. James Crossing Plaza.
The Southwest Scramble is one of many rotating entree specials.
The Works Omelet combines all the necessary ingredients with a cheesy coating.
Fresh fruit is seasonal, delicious and a healthy option.
Body Definition uses egg whites, veggies and no cheese for a healthy alternative.
The Triathlon parfait is both eye pleasing and enjoyable.
Citrus muffins are not an afterthought.
Pecan Dijon salad is just one of several entree-sized salads.
WESTMONT – When the Moondance Diner closed a few years ago, few people knew the diner had undergone a sale some years back. Original owners James and Peter Romas still had strong feelings for their old restaurant customers, staff and food concepts and wanted back in.
While the name Moondance Diner now belonged to someone else and could not be used, James and Peter looked for a name that would convey the spirit of the resurrected diner. After completing negotiations with the landlord and playing with color palettes and themes, they chose Citrus for the diner's name.
Bright and sunny, just like a citrus field, surrounded by lots of windows and splashes of citrusy color, Citrus Diner is the perfect place to supercharge and begin your day or refuel at lunch.
Inside, the restaurant is comfortable and squeaky clean, which often tells me a lot about the kitchen conditions. Service is attentive and spot-on, and plating from the kitchen is flawless as well as picture perfect. One morning before a breakfast visit, I called to inquire about lunch items being served at 8:30 a.m. The reply, "You can have whatever you want" in the most cheerful and sincere voice, speaks volumes. These are perfect examples of a restaurant running on all cylinders.
Most days feature a rotating breakfast and lunch special (posted on Facebook) as well as daily coffee, iced tea and soup specials, which are posted for the week. Morning coffee lovers will find Citrus' coffee to be of the more sturdy variety with refills coming hot and often.
With nearly 100 menu options plus substitutions and sides, 34 ingredients to create your own omelets, scrambles and skillets and the daily specials, making you selection can prove to be a formidable task and perhaps, your most difficult decision of the day.
I'll begin with breakfast and the Southwest Scramble, a rotating breakfast special. Colorful and hearty, chorizo adds richness to the egg scramble that complements the smoothness of the chive, tomato and cheese mix. While I am a confirmed hash brown lover, Citrus serves a grease-free breakfast potato that was made even more enjoyable by sharing the Scramble's side of salsa. Breakfast potatoes are also available with a cheesy option.
Several breakfast meats are also listed with a nicely spiced pork patty duo the highlight. There's also bacon, turkey links, Canadian bacon, ham, corned beef hash and chicken 'n apple sausage to round out the offerings.
The Works omelet holds no surprises … it's got it all. Perfectly cooked, the Jack and Cheddar mixture provides a rich contrast to the hearty ingredients (bacon, ham, sausage, mushrooms, onions and tomato) inside. Several Eggs Benedict options combine crab cakes or corned beef hash or spinach and artichoke hearts or the conventional Canadian bacon with poached eggs on an English muffin and topped with a luxurious Hollandaise sauce.
Most egg dishes come with breakfast potatoes and toast (a nice sourdough option normally found on the West Coast is available), but give strong consideration to Citrus' fresh fruit option. It is always fresh, seasonal, delicious and a nice healthy option.
Specialty items include Mexican wraps and burritos (the difference is in the ingredients), Breakfast Quesadillas, Frittatas of all types (open-faced baked omelets) as well as several breakfast sandwiches.
Pancakes, French toast and Waffles are also featured on the menu in traditional style or in an elevated form with interesting ingredients incorporated into the dish. Pancakes are hearty, large and come two to an order. The Crunchberry adds granola to the batter (choose wheat or white flour) for a nice crunch and blueberries for a sweet 'n sour complement. The accompanying warm, blueberry compote completes the presentation and was not overly sweet. A nice trend I'm seeing is the availability of real maple syrup for a slight upcharge, and it truly makes a difference.
Healthier options are also available such as Body Definition, which utilizes egg whites for the omelet along with smoked turkey, spinach and mushrooms. Dry nine-grain whole wheat toast, fresh fruit and no cheese make this calorie friendly dish a nice option.
The Triathlon is available in a beautifully presented parfait glass or an easier to enjoy bowl. Yogurt is layered with granola and fresh fruit and topped with a cinnamon sugar nut mix creating layers of flavors.
Muffins, served as an accompanying side with some dishes including the Triathlon, are not an afterthought but a gently warmed, fresh house-baked muffin in several flavor choices. I have enjoyed the banana nut and the chocolate on numerous occasions.
Lunches should always begin with tortilla soup, which may be the best soup in DuPage County and would certainly garner my vote. Thick, hearty and bursting with flavor, the tortilla soup blends the crunch of tortilla chips and the coolness of tomatoes with a nicely spiced and flavored roux. While tortilla soup comes in a cup or bowl, it is also available in quart containers for carry-out with all the toppings packaged separately. It's a monthly dinner staple at our home when added to a salad or panini!
Several entree-sized salads can also be found on the menu. The Pecan Dijon combines seasoned chicken breast with bacon, avocado, tomato and pecans along with the Cheddar and Jack cheese mix. It's large enough for a take-home container, holding up well even after the honey Dijon dressing is added.
Sandwiches span a large range with the Yacht Club and Avalon Sunset two of my favorites. A nicely grilled chicken breast sits atop a grilled bun with bacon, avocado and melted cheeses on the Avalon Sunset. Spice it up a notch by substituting Cancun dressing in place of mayo. The Yacht Club picks up a little extra from the use of sourdough and the inclusion of ham and turkey along with bacon and the addition of avocado to the standard lettuce and tomato mix. It's these type of subtle extras that help set Citrus apart.
While most diners choose fries, a mix of sweet and regular potato chips is also available that is house-made and absolutely addicting. Request a side of ranch or Buffalo sauce for a nice flavor addition.
Located at the corner of Ogden Avenue and Pasquinelli Drive in the St. James Crossing shopping center, Citrus and its predecessor, Moondance, have anchored the corner spot for nearly 20 years. With both breakfast and lunch options served throughout the day, the menu versatility is a big plus and will please most. Parking's a breeze, service is super friendly, catering is offered, carry-out is timely … and there's also the tortilla soup!
So if it's a business meeting, a long lost friend catch-up, a family breakfast, a soup pick-up, a weekend brunch or just a little mid-morning escape time; Citrus Diner will brighten your day – adding enough zest to keep you coming back!


text:
Thomas Koschat (Viktring, 8 augustus 1845 – Wenen, 19 mei 1914) was een Oostenrijks componist, dirigent en zanger (bas).

Levensloop
Koschat was al vroeg lid van een kerkkoor, dat gedirigeerd werd door Josefine Moro. Josefine Moro was de zuster van de werkgever (textielbedrijf) van zijn vader, Leopold von Moro. De familie Moro woonde in een voormalig kloostergebouw, dat oorspronkelijk door de Cisterciënzers was aangelegd. In de tuin van dit gebouw werd door het gezin van Moro en diens vrienden regelmatig gezongen. Thomas kon later naar Klagenfurt op het gymnasium van de Benedictijnen. Vanaf 1865 studeerde hij scheikunde in Wenen, dit op advies van Leopold von Moro aan de vader van Thomas. Hij stopte met deze studie in 1867.
Thomas' vader overleed in 1862.

In Wenen werd hij lid van drie zangverenigingen, van het Wiedner mannenkoor (Wiedner Männerchor) van de Weense mannenzangvereniging (Wiener Männergesang-Verein) en van de Academische zangvereniging (Akademischer Gesangsverein). De laatstgenoemde vereniging was voor hem de springplank als bas in de Weense hofopera. Vanaf 7 november 1867 werkte hij in het koor van deze gerenommeerde institutie. Later werd hij zelf dirigent van dit koor van de hofopera. In 1874 werd hij ook bas in het koor van de Stephansdom in Wenen. In 1878 werd hij bas in de keizerlijke hofkapel. In 1907 werd hij tot erelid van de hofopera benoemd.

Hij richtte het Koschat Kwintet op, een zanggroep bestaande uit Rudolf Traxler, Walter Fournes, Georg Haan, Klemens Fochler en Thomas Koschat. Met dit kwintet ging hij op concerttournee door Europa en de Verenigde Staten. Dit kwintet zong naast walsliederen ook de liederen vanuit Karinthië, die daardoor ook buiten deze regio en buiten Oostenrijk bekend werden. Hij richtte meerdere zangkwartetten en -kwintetten, maar ook zangverenigingen op.

In de loop van zijn leven ontving hij vele eretekens en onderscheidingen, waarvan de door keizer Wilhelm II van Duitsland uitgereikte Orde van de Rode Adelaar voor hem belangrijk was. Toen hij in 1912 met pensioen ging, eerde de hofopera, waar hij meerdere decennia bestuurslid van het koor was geweest, hem met de uitvoering van het zangspel Am Wörthersee, een eigen compositie van Koschat.

Koschat is in een eregraf op de begraafplaats Annabichl van de stad Klagenfurt begraven. Tijdens de uitvaartplechtigheden zong een koor met 622 leden. In Klagenfurt werd ter nagedachtenis aan hem een Thomas-Koschat-Museum ingericht en er is zowel een park als een straat naar hem genoemd. De gemeente Velden am Wörther See heeft hem tot ereburger benoemd en een promenade naar hem genoemd. In het 19e district (Bezirk) in de wijk Döbling van de Oostenrijkse hoofdstad Wenen is een steeg, de Koschatgasse, naar hem genoemd.

Composities

Werken voor orkest
 1882: - Gailthaler Jägermarsch, voor orkest, op. 44
 1893: - Aus Kärntner Bergen, wals naar motieven uit walsen-idyllen
 Am Wörthersee, wals voor groot orkest, op. 26 - bewerkt door: Karl Müller-Berghaus
 Schneewalzer (Sneeuwwals) uit de walsen-idylle Ein Sonntag auf der Alm, voor orkest

Werken voor harmonieorkest
 Paraphrase über Koschat's Lied "Verlassen bin i", voor harmonieorkest
 Schneewalzer (Sneeuwwals) uit de walsen-idylle Ein Sonntag auf der Alm, voor harmonieorkest - bewerkt door Max Seidenspinner (1961); Gerald Weinkopf (1989)
 Schneewalzer (Snow-waltz) uit de walsen-idylle Ein Sonntag auf der Alm, voor gemengd koor en brassband - bewerkt door Goff Richards (1987)
 Wörthersee-Marsch
 Wörthersee-Walzer

Muziektheater

Zangspelen

Toneelmuziek
 1890 Aus der Sommerfrische, blijspel met zang in 1 akte, op. 129

Vocale muziek

Werken voor koor
 1875: - Kärntner G´müath "Du mei flâchshârets Diandle", voor mannenkoor a capella, op. 11
 1875: - Städterbua und Almadirn "Es wâr grâd Tânz", voor bariton en mannenkoor, op. 13
 1878: - Am Wörthersee, walslied vanuit het zangspel voor gemengd koor
 1881: -  's Gamskogler Jagerliad, voor mannenkoor a capella, op. 40
 1882: - Gailtaler Jägermarsch, voor mannenkoor en piano (of orkest), op. 44
 1886: - Aus den Karawanken, walslied voor mannenkoor (of -kwartet), op. 57
 1886: -  's guate G'wissen - Adla gêbts mir an Râth, voor mannenkoor, op. 59
 1886: -  's Rosmarinkranzle - "Wia d'Manthn'rin is z'n sterben kem, voor mannenkoor, op. 60
 1886: - Kärntner Knappenmarsch "Glück auf! Zur Fêlsenkâmmer", voor mannenkoor en piano, op. 61
 1886: -  's Milichmad'l - Bin a frischer Bua g'wêst , voor bariton en mannenkoor, op. 62
 1886: - Mei Zartele "Is das nit a Nachtigall", voor mannenkoor, op. 63
 1887: - Karntnerstolz "O du mei theures Kärntnerland", voor tenor en mannenkoor, op. 65
 1887: -  's Kärntner Herz, voor mannenkoor, op. 69
 1888: -  's Zaberweible von Gamsberg, voor mannenkoor, op. 70
 1888: - Ein Sonntag auf der Alm, walsen-idylle voor mannenkoor en orkest (of piano), op. 71
 1888: - Das Stan-Nagle, voor mannenkoor, op. 72
 1888: - Zu spät, voor bas (of bariton) en mannenkoor, op. 73
 Kärntner-Liab "Mei Dinadl' hât zwa Äugerln", voor gemengd koor, op. 1
 Ave Maris Stella, voor mannenkoor (of gemengd koor), op. 6
 Der verliebte Bua "Diandle, sei nur gʹscheid!", voor gemengd koor, op. 21b
 Viktringer Marsch, voor mannenkoor, op. 54
 Der g'müatliche G'manwirth, voor mannenkoor, op. 55
 Hochâlmer Diandlan, voor sopraan, alt en mannenkoor, op. 75
 Der sakrische Bass, voor mannenkoor, op. 88
 Mei Freud, voor mannenkoor, op. 91
 Der Graus-Paule, voor mannenkoor, op. 92
 O Hamat, du theure, voor mannenkoor, op. 93
 Die Liab blüaht nur amål, voor mannenkoor, op. 115
 Zur Dirn g'hört a Bua, voor mannenkoor, op. 122
 Mei Leibliadle, voor mannenkoor, op. 124
 Traumbild, voor mannenkoor, op. 135
 Die Dorfbarden, voor mannenkoor (of -kwartet), op. 137
 Dås schlaue Diandle, voor mannenkoor (of -kwartet), op. 148
 Der âbg'schnâlzte Bua, voor mannenkoor
 Der Bua an's Dianderl, voor mannenkoor
 Mei Karntn, mei Hamat, voor mannenkoor
 Schneewalzer uit de walsen-idylle Ein Sonntag auf der Alm, voor gemengd koor (of samenzang)

Liederen
 1874: - 3 Lieder, voor zangstem en piano, op. 4
 Verlassen bin i
 Der Kärntner Bua
 Der Tost
 1874: - 3 Lieder, voor zangstem en piano
 D'Hamkehr
 Abschied
 Schnaberln
 1875: - Kärntner G´müath "Du mei flâchshârets Diandle", voor zangstem en piano, op. 11
 1875: - Städterbua und Almadirn "Es wâr grâd Tânz", voor zangstem en piano, op. 13
 1877: - Büaberl, mirk dir´s fein!, voor zangstem en piano, op. 22
 1877: -  'ś Herzlad, voor zangstem en piano
 1879: - Drau-Walzer, voor zangstem en piano, op. 15
 1879: - s'Röserl vom Wörthersee, voor zangstem en piano, op. 28b
 Kärntner-Liab "Mei Dinadl' hât zwa Äugerln", voor zangstem en piano, op. 1
 A Busserl von Diandlan, voor zangstem en piano, op. 2
 Mei Diandle is sauber, voor zangstem en piano, op. 3
 Ew´ge Liab, voor zangstem en piano, op. 8
 Lieder, voor zangstem en piano, op. 19
 D´Senner-Mizzi, voor zangstem en harp, op. 23
 3 Lieder, voor zangstem en piano, op. 25
 Was wohl d´Liab is?
 Der guate Rath
 D´Hamkehr
 Abschied, voor zangstem en piano, op. 33b
  's Hollenburger Schmiedliad, voor zangstem en piano, op. 43
  's Schnaberln, voor 2 zangstemmen en piano, op. 49
 Erste Liab, voor zangstem en piano, op. 56
 D'Liab in Himmel, voor zangstem en piano, op. 99
  's letzte Bussel, voor zangstem en piano, op. 120
 Kärntner Lieder, voor zangstem en cither
 Sechs Lieder im Kärntner Volkston, voor zangstem en piano
 Der verliabte Bua "Diandle, sei nur gʹscheid!", op. 21b
 Der traurige "Jodlerburscht", op. 64
 Beim Haselwirth, op. 114
 Die Liab blüaht nur amol, op. 115
 Die g'strenge Muater, op. 117
  's folgsame Diandle, op. 118

 Kamermuziek
 11 Kärntner Lieder, voor hoornkwartet
 Hochâlmer Diandlan, voor 2 trompetten en hoornkwartet, op. 75
 Ein Abend in St. Leonhard, voor sextet (dwarsfluit, 2 violen, altviool, cello en contrabas)

 Werken voor piano
 1883: - Die Spröde, polka mazurka, op. 51
 Am Wörthersee, voor piano vierhandig, op. 26

 Werken voor accordeon(orkest)
 Schneewalzer (Valse des neiges) uit de walsen-idylle Ein Sonntag auf der Alm, voor accordeonorkest - bewerkt door Alfons Holzschuh (1940); Albert Brunner (1962); Walter Alois Dobler (1982); André Nicolet (1996)

Publicaties
 Hadrich (Heidekraut), Gedichtsammlung, 1877.
 Dorfbilder aus Kärnten, Leipzig: F. E. C. Leuckart, 1878. 159 p.
 Erinnerungs-Bilder; gesammelte Feuilletons, Klagenfurt: Kleinmayr, 1889. 272 p.

Bibliografie
 Julie Anne Sadie: Calling on the Composer: A Guide to European Composer Houses and Museums, Yale University Press, 2005.  pp. 225-226
 Wolfgang Suppan, Armin Suppan: Das Neue Lexikon des Blasmusikwesens, 4. Auflage, Freiburg-Tiengen, Blasmusikverlag Schulz GmbH, 1994,
 Karl Krobath: Thomas Koschat, der Sänger Kärntens. Seine Zeit und sein Schaffen., Leipzig, 1912. 135 p.; reprint: Klagenfurt: Heyn, 1991. 135 p.
 Eduard Wasserfaller: Das Thomas Koschat-Liederbuch - Kärntnerlieder für Männerchor, Klagenfurt: Heyn Verlag, 1991, 152 p.,
 Paul E. Bierley, William H. Rehrig: The Heritage Encyclopedia of Band Music - Composers and Their Music, Westerville, Ohio: Integrity Press, 1991,
 J. Spencer Cornwall: Stories of our Mormon Hymns, Salt Lake City: Deseret Book Co., 1971, 304 p.
 Führer durch das Koschatmuseum in Klagenfurt, Herausgegeben vom MGV "Koschatbund" zum 40-jährigen Todestag von Thomas Koschat am 10. Mai 1954, Klagenfurt: Koschatmuseum, 1954. 41 p.

Externe links
  Biografie op de internetpagina van "Austria-Forum"
  Internetpagina van het "Thomas-Koschat-Museum"
  Internetpagina van mannkoor "Koschatbund"
  Korte biografie op de internetpagina van "Österreich Lexikon (AEIOU)"
  Partituur van de verzameling van populaire Koschat liederen

Oostenrijks componist
Oostenrijks dirigent
Oostenrijks zanger
19e-eeuws componist
20e-eeuws componist

redpajama_set_name: RedPajamaWikipedia


Most gardeners would probably turn their noses up at this daylily and while I'm no garden snob I would too. The orange daylily can be seen planted just about everywhere around Chicago and this plant has escaped and become a nuisance in the wild. The cheerful flowers and grass like foliage along with the cheap price tag make this one popular perennial for the garden. The fact that they are tough and can handle an urban life doesn't hurt either. Honestly this isn't my daylily and it's not a garden escapee-it is more of a garden refugee.
Back in April I wrote an entry in this blog titled "A Tree Grows In Chicago" where I complained about the paving of the yard next door to make a parking lot. The area was paved over about seven years ago after the property changed hands and the last time these daylilies were seen blooming had to be closer to fifteen years ago.
Last year I noticed the familiar green leaves start to emerge on my side of the fence and I decided to leave them alone and let them grow. After all, if a plant has the desire to grow in a strip of land that is two inches across you have to give it a chance and I figured the flowers would look nice against the old fence. I took the promise of these old daylilies blooming as a good sign for my garden and got a little sentimental about them when I remembered the neighbor that planted them. The romantic gardener in me felt as if these orange daylilies had been brought back to life by me starting my own garden next door to them.
This year the realistic gardener in me figured out why these daylilies had sprung back to life in the tiny strip of dirt that had not been paved over. Last year I used a foliar feed from Miracle-Gro that is designed to make life easier for us lazy gardeners. Maybe you used it too or one similar to it. It's the kind that you attach to the end of the watering hose and you fertilize and water simultaneously. It's really an ingenious product that makes life simple and frees up your time to do more important things like surfing the internet or writing letters to HGTV about the lack of gardening programs on the station.
Since I'm lazy, the fertilizer attachment stayed attached to the watering hose all summer long and every time I ran the water hose from the back of the house to the front yard I unwittingly fertilized the daylilies and gave them the nutrients they had been starving for. It wasn't some foolish idea of blooms joining blooms, like birds in song, that brought them back to life. It was pure unadulterated ignorance on my part on the proper use of chemicals and what water runoff from my garden can do. Luckily I learned this lesson pretty early in my life as an urban gardener and I will try to do better in the future. I hope I don't turn into one of those gardeners but even if I did it wouldn't be the worst thing.
Great story! Personally I like Day lillies. They are popular in many gardens for good reason --- easy care, beautiful flowers and foliage, hardy, few pests. What's not to like. Give me a well taken care of garden featuring tradtional favourites and accented by a few specialties, any day. There is nothing wrong with day lilies, geraniums, roses, shasta daisies, pansies, etc.
Beautiful flowers and plants are all good!
p.s. I can be a lazy gardener at times too.
I can't see how allowing that loverly flower to spring to life can be a bad thing. Its got great color, and stamina to boot.
...and don't you love being a lazy gardener? I know I do.
That daylilly might be ordinary but is pretty.
Lucky for you it got enough water and fertilizer for it to thrive.
I'm so glad to see that I'm not the only one who is not crazy about orange day lilies. The funny thing is, after digging up 5 billion in my yard, I saw another gardener who had a few thrown in her garden and they looked beautiful.
Glad to see there are more fans of the Orange Daylily.
You know when I see a few here and there they look nice but a lot of people never bother to thin them out and so they look too overgrown in most gardens. That's when I think they're too much.
I have always called them ditch lilies as they are all over the back roads around here. I like them, after all they do brighten up the ditches and a long the interstate highways.
I was going to mention that they were called "ditch lilies" by a lot of folks but couldn't remember if it was the nickname for these or the Stellas. Thanks for the info.
I've got tons of them too, just wanted to mention that they're edible, the petals taste spicy and are good in salads and the buds are wonderful in a light tempura batter.
Thanks for mentioning that people eat the petals, I don't think I'd heard that before.


text:
Kansas Opinions | Finding Aids: Case Name » Supreme Court or Court of Appeals | Docket Number | Release Date |
No. 83,2691
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
BENJAMIN W. STARK, et al.,
Appellants,
MERCANTILE BANK, N.A., successor in interest to
THE JOHNSON COUNTY NATIONAL BANK AND TRUST COMPANY,
NATIONSBANK, N.A. successor in interest to
BOATMEN'S BANK, N.A.
Appellees.
SYLLABUS BY THE COURT
1. Disputed issues of fact cannot be resolved or determined on a motion to dismiss for failure of the petition to state a claim upon which relief can be granted. The question for determination is whether in the light most favorable to plaintiff, and with every doubt resolved in plaintiff's favor, the petition states any valid claim for relief. Dismissal is justified only when the allegations of the petition clearly demonstrate plaintiff does not have a claim.
2. In considering a motion to dismiss for failure of the petition to state a claim for relief, a court must accept the plaintiff's description of that which occurred, along with any inferences reasonably to be drawn therefrom. However, this does not mean the court is required to accept conclusory allegations on the legal effects of events the plaintiff has set out if these allegations do not reasonably follow from the description of what happened, or if these allegations are contradicted by the description itself.
3. When the issue before an appellate court requires interpretation of a statute, the court is faced with a question of law, and an appellate court's review of a question of law is unlimited.
4. Although statutes of repose have been characterized as substantive while statutes of limitation have been characterized as procedural, the Kansas Supreme Court has invoked the distinction to protect potential defendants from having claims against them revived rather than to preserve potential plaintiffs' claims into infinity.
5. Claims arising out of conduct predating the 1987 amendment to K.S.A. 60-513 by 10 years or more are barred if filed after the expiration of the 2-year grace period in 1989. It would be unreasonable if K.S.A. 60-513 was twisted to close the courthouse door to plaintiffs who wished to sue on wrongful acts committed after 1987 while it welcomed those pursuing redress for wrongful acts even more remote in time.
6. Generally, fraud and fraudulent concealment either toll the statute of repose or make it inapplicable. However, on the facts of this case, no fraud or fraudulent concealment is alleged and dismissal is appropriate.
Appeal from Johnson District Court; PATRICK D. McANANY, judge. Opinion filed August 4, 2000. Affirmed.
John J. Benge and Michael L. Hodges, of Benge Law Firm, of Kansas City, Missouri, for appellants.
Eric G. Zahnd and Steven E. Mauer, of Bryan Cave LLP, of Kansas City, Missouri, for appellee NationsBank, N.A.
Mark D. Hinderks, of Stinson, Mag & Frizzell, P.C., of Leawood, for appellee Mercantile Bank, N.A.
Before MARQUARDT, P.J., BEIER, J., and JOHN W. WHITE, District Judge, assigned.
BEIER, J.: Plaintiffs-appellants appeal the district court's decision to grant the defendant banks' motions to dismiss. The district court ruled that plaintiffs' claims were barred by the statute of repose. We affirm.
The parties appear to agree that plaintiffs Benjamin W. Stark, Allan Breed Stark, Mary Breed Brink, Barbara Chapman, Martha McCormick, Nancy Gee, Ruth Hanna, and Thomas Millar are beneficiaries of a trust2 created in 1949 by J. Rolland Prentice Breed, who died in 1951. The assets held by the trust include a parcel of land located at 75th and Metcalf in Overland Park, Kansas.
Plaintiffs take issue with a commercial lease of the land, entered into in 1957 by Breed's executors and the trustee, Johnson County National Bank & Trust Co. (Johnson County Bank), on the one hand and Southwest Development Company, Inc., (Southwest) on the other. Their petition named Mercantile Bank, N.A., (Mercantile) as a defendant because it is the successor in interest to Johnson County Bank. Johnson County Bank was appointed a trustee for the parcel of land because First National Bank of Kansas City, N.A., (First National), the original trustee, was precluded from acting as a trustee for a property located in Kansas.
The lease provided for an initial term of 51 years and an option to renew for an additional 25 years. The annual rent for the first 2 years was $7,286, and the annual rent for the remaining years was $11,656. Additional rent of $1,200 per year was to be paid if sales from the leased premises exceeded $5 million per year. A provision was also made for a .5 percent annual adjustment of the additional rent during the renewal period.
Before the lease was executed, the Johnson County probate court held a hearing at the behest of the attorney appointed to represent the interests of the unborn, unascertained, minor, or legally disabled beneficiaries of the trust, a group of individuals that apparently included all of the plaintiffs. Johnson County Bank was placed on strict proof of its contention that it had
"made an exhaustive investigation in regard to persons who might be interested in leasing said property and after obtaining several offers with respect thereto has determined in its best judgment that a certain offer of lease made by Southwest Development Company, Inc., . . . is the most favorable one that can be obtained."
At the conclusion of the hearing, the probate court ruled that the lease was in the best interests of the trust estate and the beneficiaries and authorized its execution.
Subsequently, Southwest subleased the land to Katz Drug Company. A new building was constructed which housed a Katz Drug Store. The heart of plaintiffs' case is their allegation that Isaac Katz was one of the principals of Katz Drug Company, was on the board of Johnson County Bank, and was an influential customer of First National. Plaintiffs' position is that Mr. Katz' multiple roles inevitably resulted in a conflict of interest that polluted the lease transaction, artificially depressing the rental rate and making the lease commercially unreasonable. Defendants, for their part, state that the allegation is untrue, alleging that Katz' death predated the lease.
Johnson County Bank resigned and withdrew as trustee in September 1985, and the probate court appointed Boatmen's First National Bank of Kansas City (Boatmen's) as substitute. Defendant NationsBank, N.A., (NationsBank) is the successor to Boatmen's. On the exit of Johnson County Bank, the probate court observed that the bank's accounts "should be settled and allowed and all of its acts and proceedings as trustee have been in accordance with law and the orders of this Court and are approved."
The record reflects that plaintiffs filed suit against Mercantile and NationsBank on December 1, 1998. Their Second Amended Petition eventually alleged breach of fiduciary duty, fraud, and gross negligence--all claims flowing from the alleged conflict of interest involving Katz. Each defendant bank filed a motion to dismiss based on the statute of repose and a motion for summary judgment based on the doctrines of res judicata and collateral estoppel.
Plaintiffs argued in response to the motions that (1) the statute of repose set forth in K.S.A. 60-513(b) cannot be applied to causes of action based on wrongful conduct predating its enactment; (2) the statute of repose does not apply to their fraud claim; and (3) none of the requirements for the application of the doctrines of res judicata or collateral estoppel could be met in this case.
The district court ruled in defendants' favor on the motions to dismiss, finding plaintiffs' various claims barred by the statute of repose. It then held that the summary judgment motions based on res judicata and collateral estoppel were moot and did not address their merits.
Standard of Review
Our standard of review when a motion to dismiss has been granted in the district court was restated in Colombel v. Milan, 24 Kan. App. 2d 728, 952 P.2d 941 (1998):
"'Disputed issues of fact cannot be resolved or determined on a motion to dismiss for failure of the petition to state a claim upon which relief can be granted. The question for determination is whether in the light most favorable to plaintiff, and with every doubt resolved in plaintiff's favor, the petition states any valid claim for relief. Dismissal is justified only when the allegations of the petition clearly demonstrate plaintiff does not have a claim.'
"'In considering a motion to dismiss for failure of the petition to state a claim for relief, a court must accept the plaintiff's description of that which occurred, along with any inferences reasonably to be drawn therefrom. However, this does not mean the court is required to accept conclusory allegations on the legal effects of events the plaintiff has set out if these allegations do not reasonably follow from the description of what happened, or if these allegations are contradicted by the description itself.'" 24 Kan. App. 2d at 729 (quoting Ripley v. Tolbert, 260 Kan. 491, Syl. ¶¶ 1, 2, 921 P.2d 1210 [1996]).
Further, when the issue before us requires interpretation of a statute, we are faced with a question of law, and an appellate court's review of a question of law is unlimited. Decker v. Kansas Dept. of SRS, 24 Kan. App. 2d 155, 157, 942 P.2d 667, rev. denied 262 Kan. 960 (1997). Review of the district court's ruling requires us to interpret the meaning and potential applicability of statutes of limitation and repose.
General Applicability of Statute of Repose
Plaintiffs first argue that the statute of repose found in K.S.A. 60-513 is inapplicable to their claims because it was not enacted until 1987. That statute now reads in pertinent part:
"(a) The following actions shall be brought within two years:
"(3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered.
"(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated.
"(b) Except as provided in subsections (c) and (d), the causes of action listed in subsection (a) shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall an action be commenced more than 10 years beyond the time of the act giving rise to the cause of action.
"(e) The provisions of this section as it was constituted prior to July 1, 1996, shall continue in force and effect for a period of two years from that date with respect to any act giving rise to a cause of action occurring prior to that date." K.S.A. 1999 Supp. 60-513.
Before K.S.A. 60-513 was amended in 1996, it provided that the section as written before July 1, 1987, would continue in force "for a period of two years from that date with respect to any act giving rise to a cause of action occurring prior to that date." The statute was rewritten in 1987 to include language effective to bar a suit when 10 years had passed since the wrongful act giving rise to it. See Harding v. K. C. Wall Products, Inc., 250 Kan. 655, 659-60, 831 P.2d 958 (1992).
Plaintiffs argue that the statute of repose is substantive rather than procedural and therefore cannot be applied retroactively to their claims. Rather, they insist, their causes of action are governed by the statute in effect in 1957, G.S. 1949 60-306, that required civil actions "for injury to the rights of another, not arising on contract, and not hereinafter enumerated" and "for relief on the ground of fraud," which accrued on discovery, to be brought within 2 years. Because the 1957 version of the statute contained no repose language barring suit 10 years after the act giving rise to the cause of action, plaintiffs argue that their claims were still viable 41 years after the execution of the lease.
We do not agree.
Although plaintiffs are correct that statutes of repose have been characterized as substantive while statutes of limitation have been characterized as procedural, our Supreme Court has invoked the distinction to protect potential defendants from having claims against them revived rather than to preserve potential plaintiffs' claims into infinity. See Shirley v. Reif, 260 Kan. 514, 523-27, 920 P.2d 405 (1996); Harding, 250 Kan. at 669. In addition, we do not believe defendants seek an impermissible retroactive application of the statute of repose to wrongful conduct predating its enactment. Rather, they seek prospective application of the statute to a lawsuit filed many years later.
Moreover, the Kansas Supreme Court has opined that claims arising out of conduct predating the 1987 amendment by 10 years or more would be barred if filed after the expiration of the 2-year grace period in 1989. See Admire Bank & Trust v. City of Emporia, 250 Kan. 688, 694-700, 829 P.2d 578 (1992).
We have no difficulty discerning legislative intent to erect a final, nonnegotiable bar to stale claims in the creation and articulation of the 10-year time limit of K.S.A. 60-513 and its companion 2-year transitional grace period. "'"It is presumed the legislature had and acted with full knowledge and information as to the subject matter of the statute, as to prior and existing law and legislation on the subject of the statute and as to the judicial decisions with respect to such prior and existing law and legislation."'" 250 Kan. at 697-98 (quoting Stephens v. Snyder Clinic Ass'n, 230 Kan. 115, 121-23, 631 P.2d 222 [1981]) (interpreting 2-year grace period as applied to medical malpractice action). And our interpretation is supported by the general rule that statutes must be construed to avoid unreasonable results. See KPERS v. Reimer & Koger Assocs., Inc., 262 Kan. 635, 643, 941 P.2d 1321 (1997). It would certainly be unreasonable if K.S.A. 60-513 was twisted to close the courthouse door to plaintiffs who wished to sue on wrongful acts committed after 1987 while it welcomed those pursuing redress for wrongful acts even more remote in time. The district court was correct in holding that 60-513 should be applied to determine the viability of plaintiffs' claims.
Fraud and the Statute of Repose
Plaintiffs' second argument is that a statute of repose cannot apply to a fraud claim and that each of their causes of action is based on an allegation of fraud on the part of the defendant banks. They cite two decisions in support of their argument that the statute cannot apply to fraud claims: Jennings v. Jennings, 211 Kan. 515, 527, 507 P.2d 241 (1973), and Robinson v. Shah, 23 Kan. App. 2d 812, 814-16, 936 P.2d 784 (1997). Both cases demonstrate that plaintiffs' claims do not fit any fraud exception to the statute of repose.
In Jennings, plaintiffs sued when they discovered that certain stock expected to be transferred and delivered to them had already been assigned by the donor/trustee to another family member. Interpreting the predecessor statute to K.S.A. 60-513, the court held that the action could proceed. 211 Kan. at 527. The beneficiaries of the trust were not charged with the duty to investigate the action of the trustee "until such facts as would prompt a normal alert person to make further inquiry are known." 211 Kan. at 524.
In Robinson, the plaintiff patient brought suit less than 2 years after she discovered her physical problems were caused by surgical sponges left in her abdomen but more than 10 years after her physician began concealing the presence of the sponges. A panel of this court held that the fraudulent concealment of the physician tolled the statute of limitations and the statute of repose on the plaintiff's fraud claim. 23 Kan. App. 2d at 826. In essence, our court refused to permit the physician to shield herself from liability through active misrepresentation to a person incapable of discovering the truth on her own.
We do not dispute that these cases support the general idea plaintiffs seek to promote: Fraud and fraudulent concealment either toll the statute of repose or make it inapplicable. However, the facts of this case, as alleged in the second amended petition, fall far short of fraud or fraudulent concealment.
In this case, there is nothing in the pleadings that begins to explain why the plaintiffs failed to file their lawsuit for 41 years or why that delay should be laid at the feet of defendants. Nowhere does it say how or why plaintiffs, who were represented by counsel in the probate proceeding, and who apparently enjoyed long relationships with the original beneficiaries, could have been unaware of or misled about what obviously became a bargain rental rate for the property much more than 2 years before the filing of the suit. Nowhere is it explained how any alleged relationship between Katz and the predecessors of the defendant banks actually led to fraud or fraudulent concealment of pertinent information about a more commercially reasonable rental rate. At oral argument, counsel for plaintiffs conceded that the only evidence the Katz relationship was concealed was that "one uncle" was not told about it. At no time have we been told what finally prompted plaintiffs to make the sort of inquiry about the facts that the long-term lease at a remarkably low rate should have prompted in a "normal alert person" or when it occurred. On the contrary, it appears plaintiffs may have merely chosen to wait until the original beneficiaries and executors were deceased or otherwise out of the picture.
In short, plaintiffs have failed to demonstrate that they have any cause of action for fraud or fraudulent concealment that withstands or avoids application of the statute of repose. Even under Jennings and Robinson, a plaintiff cannot be deliberately ignorant regarding the behavior of his fiduciary and blame any more complete understanding acquired later on the fiduciary's fraud. Even if plaintiffs could prove a nondisclosure of the Katz relationship in this case, not every nondisclosure is fraud or fraudulent concealment. See Robinson, 23 Kan. App. 2d at 820. Plaintiffs fail to state a claim for which relief can be granted, and dismissal under K.S.A. 60-212(b)(6) was appropriate.
1 REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 26, 2001, pursuant to Rule 7.04 (2000 Kan. Ct. R. Annot. 46).
2 We find no support for this basic fact in the appellate record other than references of counsel to the plaintiffs as beneficiaries and an assumption made by the district court in its decision. We also note that the last names of several, but not all, of the plaintiffs listed in the caption of the Second Amended Petition correspond to the last names of certain of Breed's children, leading us to the deduction that at least those individuals are descendants whose rights derive from those of their parents. It would have been helpful if plaintiffs had, at some point, set out enough of a personal history to connect each to the subject matter of the dispute.
Comments to: WebMaster, kscases@kscourts.org.
Updated: October 15, 2001.
URL: http://www.kscourts.org/kscases/ctapp/2001/20011015/83269.htm.