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November 19 th 2010 9 Comments
Enforcing Plain Language
by John Gregory
More posts by John »
An Ontario private member's bill, the Cell Phone, Smart Phone and Wireless Technology Transparency Act, 2010, requires among other things that future performance contracts (a term defined in the Consumer Protection Act), "shall be expressed in plain language that is clear and concise." (s. 3(1))
Are there judicially recognized standards of plain language that would allow this provision to be enforced, and that would allow someone drafting such a contract to know that he or she had met the standards? I know that there are books and articles around about plain language, but does something have force of law?
The bill goes on to list eleven specific things that a supplier of the applicable service has to put in the contract, along with the requirements of the Consumer Protection Act and its regulations – so the demand that the contract be 'concise' may be a bit difficult to achieve. Are there judicial standards on concision?
The bill seems influenced by Quebec's recent changes to its consumer protection legislation, adopted last year as Bill 60, and in force as of June 2010. That bill called the services to which it applied its similar rules 'Contracts Involving Sequential Performance for Services Provided at a Distance', perhaps (as the commentary cited here suggests) to avoid infringing on federal legislative competence over telecommunications.
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David Cheifetz
Garbage in, garbage out, John.
Can a contract be clear but not concise (enough)? Or is conciseness like pregnancy?
How many words are too many for conciseness?
Where there's a short Anglo-Saxon word and a longer Latinate term, does concise mean I have to use sh*t rather than manure?
The clear and concise answer to your questions about "judicially recognized standards" is: "no".
I'm surpised the legislation doesn't contain a provision stating that common sense shall be used in determining whether the contract is "clear and concise". Or maybe it was supposed to but the MPP and his drafter realized they couldn't come up with a clear and concise definition of common sense.
Mike Unwalla
@quote: "shall be expressed in plain language that is clear and concise."
The text implies that some plain language is not clear and concise. Probably, the writer means, "shall be expressed in plain language, which is clear and concise."
Frequently, 'plain English' is not sufficiently plain, as I explain in 'Problems with plain English' (http://www.techscribe.co.uk/techw/plain-english-problems.htm).
Simon Fodden
Legislation requiring "plain language" is a bold move, because it risks becoming an illustration of Fodden's Law of Perversity (which has no general statement, only corollaries, one of which might be, for instance, that "courses on teaching are invariably badly taught"). The drafting of the Bill isn't awful — but it could use some "plaining up," perhaps. For instance, it uses negation when, I suspect, positive statements would be preferable:
4. No future performance agreement to which this Act applies shall be renewed without the express consent of the consumer before the existing agreement expires.
The legislation requires only that the contracts to which it applies be clear and concise. It doesn't apply to itself. First snicker: though I will concede the statute is concise. But then, so are Resurfice, Athey, andRon Engineering, for example. Clear, though? There's a saying that refers to a pig's eye. It might as well be a flying pink pig.
I suppose the person who drafted the legislation for the MPP had at least a passing acquaintance with the Legislation Act. Still, consider s. 64(1) of that statute: "An Act shall be interpreted as being remedial and shall be given such fair, large and liberal interpretation as best ensures the attainment of its objects." Guess that means something large can still be clear and concise. The goose & gander thing.(second snicker)
There's an election coming up the the Libs weren't prepared to make this a gov't bill? I'm sure that means something to the appropriately cynical.
On the other hand, I suppose I shouldn't be heard to complain too loudly if the legislation is passed. It's bound to increase the amount of billable work lawyers in private practice have. That's a good thing, right? I mean, that's what the MPP had in mind, even if, it appears, he wasn't a lawyer before become a politico.
So, on behalf of the practitioners in the legal profession, I offer him a toast: Here's mud in your eye. (Third snicker).
Vicki Schmolka
November 21st, 2010 at 9:25 am
I am a lawyer. Plain language writing is my practice focus and has been for the last 20 years.
I would submit that future performance contracts under the Cell Phone,Smart Phone and Wireless Technology Transparency Act will be in plain language when a rider on the TTC will be able to read the contract and understand the obligations that flow from it. This can best be assessed by document testing (something the computing industry does daily). A sensible person will also know it when they read it.
Plain language work is being done all around us. Insurance companies are doing it. Banks are doing it. For example, I saw a recent credit card statement that read something like " if only the minimum payment is made, it will take 22 years to pay off the balance owing at this time". Clear, isn't it?
Plain language is a good thing. Embrace it.
November 21st, 2010 at 11:45 am
Ms. Schmolka
You miss the point. Clear (enough) language is important. The idea of behind the legislation is important. No one has suggested otherwise, What we are discussing is the adequacy of the attempt to put the idea into use. It isn't.
Of course, context defines the the terms required for clarity and conciseness.
Allen Soroka
November 23rd, 2010 at 2:57 pm
I've just done a quick search on CANLII using the terms "clear and concise" and had 664(!) hits. In many of these judicial and administrative reasons the judges have evaluated whether the standard "clear and concise" has been met in testimony, submissions, or some other form of presentation. I reckon one could review these cases and thus discern what it takes to satisfy the standard of clarity and conciseness. Surely this reveals that the courts are familiar with this test.
Ken Adams
It's paradoxical that a bill calling for clear and concise language could itself do with some help in that department.
As regards the standards that one would have to follow to comply with the bill's requirements, I note that the U.S. Plain Writing Act of 2010, signed by President Obama in October, provides for preparation of guidance on implementing the requirements of the act. To avoid confusion, the private member's bill would have to provide for similar guidance.
Irwin Berent
As Mr. Adams notes, the Plain Writing Act of 2010 has just become law here in the U.S. Here, though, the law is directed at the communications the Federal agencies write to citizens; so it's a requirement of government, not citizens. Nonetheless, it raises concerns about a further "dumbing-down" of the American public and the danger of over-simplification: using plain language sometimes leads to simpler language that can leave out needed details. I'm hopeful, though, that any laws that require clear and concise language will help make all citizens more aware of the importance of words, the windows to truth (and deception). I run the Honest Government blogs (at http://www.ConservativeWords.com), and I'm also encouraging governments everywhere to use editing software to improve their writing.


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PEDCO, Pueblo helping Grady's kitchen company expand
Peter Roper Reporter @RoperPeter
Aug 14, 2017 at 12:01 AM Aug 14, 2017 at 7:08 PM
A long-time Pueblo business is planning a major expansion with the help of $638,000 from the city's half-cent tax fund for creating new jobs.
Grady's Foodservice and Equipment Supplies has been in business since 1942 and now specializes in designing and supplying commercial kitchens. It currently has 23 employees at its business at 403 W. Fourth St.
"We've completely outgrown our available space," said Luke Gradishar, whose father, Paul, owns the business.
The company is the process of handing ownership to daughter, Jamie Arguello.
Grady's expects to move into its new 45,000 square-foot building by December or January. It's making a $5.6 million investment in the expansion.
The family-owned business traces its roots back to 1942 when Pueblo businessman Fred Rebec bought some Army surplus kitchen equipment. His first employee, Warren Freeman, bought the company from him in 1965 and its been in the family ever since.
Freeman's son-in-law Paul Gradishar eventually purchased the business.
"With the help of PEDCo, Grady's will continue to grow and thrive as a Pueblo-owned business," Jamie Arguello said at Monday's announcement.
Grady's currently has sales in all 50 states.
proper@chieftain.com

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CrossFit Exec Booted for Calling LGBTQ 'Pride' a Sin. Now He's Speaking Out, and He Has a Message Christians Need to Hear
Every Christian needs to read this.
CrossFit executive Russell Berger was booted from the organization last week after he voiced his support for one of the gyms — located in Indianapolis — which decided not to host a workout in the city for pride week.
Berger had tweeted, "As someone who personally believes celebrating 'pride' is a sin, I'd like to personally encourage #CrossFitInfiltrate for standing by their convictions and refusing to host an @indypride workout."
The tweet has since been deleted, but not before it led to his termination, proof positive that if you dare to stand for convictions that uphold traditional views of family or that pride in sinful behaviors is a bad thing, you might end up paying some hefty social consequences.
Well now Berger is speaking out and he's not holding anything back.
During an interview with Apologia Radio, Berger did not backdown from his personal views, but expressed dismay with his decision to voice them in a public way that put his company — and its employees — in a compromising position.
"I think my comments were imprudent, and I think that it was unwise for me to use the platform that I have and largely use to act as a spokesperson for CrossFit Inc, to express my personal views," Berger said.
"I put my company in a position that I wish I hadn't. I put them in a position where they felt they had to weigh in on something that they otherwise wouldn't have and I regret that. I think it distracts them from their mission and takes away time and energy and resources from making people fitter and healthier which is what they should be doing. I regret that," he explained.
However, Berger also stated during the interview that he believed what happened to him is indicative of a larger problem in modern American culture.
"I think it's a really sobering and a disheartening example of where we are as a culture," he said.
"Simply by expressing those views, which again have been pretty standard views for the historic Christian faith over thousands of years, that view is no longer tolerated and in fact it's a view that's so divisive and so intolerable that it's the kind of thing you can't say and expect to keep your job," he added.
"The misrepresentation is that that makes me a homophobic bigot who hates gay people and doesn't want them involved in the CrossFit world. That's so far from the truth. I love the people in the LGBTQ community and I want them to know Christ. That means being honest about the fact that we are all sinners and we need to not revel in our sin but turn from it, and trust in Him," he said.
Berger also had a message for other Christians considering speaking out on issues involving the LGBTQ community and warned them they need to be aware of the tactics these folks use and the consequences that could come as a result of their actions:
It's a really powerful and important lesson that all Christians should be aware of. This is a very common and very effective strategy that's being employed by a certain segment of the LGBTQ community in terms of basically silencing any view that disagrees with their beliefs.
You just need to be aware of that and be prepared for that should you make the decision to weigh in on a subject like I did. You have to understand that the pressure will be applied to you, but it will also be applied to your employer, it will also be applied to your family members, it will be applied anywhere where those who are outraged by what you said think they can harm you. And that's just the reality of the situation unfortunately.
It's become a sad day in America when traditional views of family and marriage, two institutions created by God that serve as the back bone of all society, have become a grounds for being terminated from your job.
While we should absolutely support the right of companies to choose how to run their business, including who they choose to be associated with, that doesn't mean we cannot criticize the direction a particular company or brand is moving in, particularly if the choice they have made is morally wrong.
In the case of CrossFit, their decision to uphold complaints of the LGBTQ community over the faith of Christ they espouse makes them guilty of transgressing God's standards of righteousness, an act for which they should repent immediately.
Let's hope the Holy Spirit convicts them and brings them to an understanding of why what they did to Berger is wrong.
Source: TheBlaze
De Niro Bellows 'F*** Trump' at Tony Awards, The Crowd's Reaction Speaks Volumes
When you see this tweet the Dems are talking about, you will be absolutely flabbergasted!
LA County Now Lifting Ban On Indoor Worship Services 'To Align With Recent SCOTUS Rulings'
Los Angeles County has decided to finally follow the Constitution and honor the First Amendment right of freedom of religion — a right handed down by God Himself — and lift a ban on indoor church worship services over the weekend after recent Supreme Court rulings in favor of houses of worship. Gee, how nice of them to allow folks to do what God commands them to do and hold services inside a building like normal people. This should never have been something that needed a Supreme Court ruling. The Constitution is pretty clear that the right to freely expression religion is protected. via Daily Wire: "The Los Angeles County Health Officer Order will be modified today to align with recent Supreme Court rulings for places of worship," the county said in a press release Saturday. "Places of worship are permitted to offer faith-based services both indoors and outdoors with mandatory physical distancing and face coverings over both the nose and mouth that must be worn at all times while on site. Places of worship must also assure that attendance does not exceed the number of people who can be accommodated while maintaining a physical distance of six feet between separate households." "Public Health strongly recommends that places of worship continue to hold services outdoors, with physical distancing and the use of face coverings to prevent the spread of COVID-19 to congregants and to the entire community," the release continued. "Because Los Angeles County is experiencing an unprecedented surge of COVID-19 cases, hospitalizations, and deaths, every effort to prevent the spread of COVID-19 to congregants and to the entire community is critical. This is an absolute win for religious liberty, one of the most important and fundamental rights our republic was established upon. In fact, it was our forefathers seeking after religious…
Catholic Priest Says A Prayer For 'Unborn Child In The Womb' During The DNC
A Catholic priest who was called upon to deliver a prayer during the Democratic National Convention no doubt made quite a few folks very, very angry by praying for and making a plea on behalf of unborn children at the end of the event. Rev. James Martin, a Jesuit who has caused quite a stir in the Catholic Church for his writings about gay and transgender issues, prayed that folks who were watching the event would open their hearts to "those most in need," which included "the unborn child in the womb." Here's more on this from The Washington Examiner: "Help to be a nation where every life is sacred, all people are loved, and all are welcome," he said. Martin confirmed to the Washington Examiner earlier in the week that his prayer would contain explicit references to the unborn. Although a hot-button issue for much of the Democratic primary, abortion did not play a major role in the Democratic convention. Aside from Martin's prayer, the issue received only minimal attention, with some speakers mentioning it in their speeches. Republicans, by contrast, are gearing up to make a major issue of abortion at the Republican National Convention next week. In addition to several anti-abortion speakers, the Republican National Committee invited Cardinal Timothy Dolan, archbishop of New York, to deliver the convention's opening prayer. Dolan has previously done so at both the Republican and Democratic conventions, during which he prayed for the protection of the unborn. At the end of the day, abortion is one of the most critical issues to face our culture in modern history. The reason, of course, is because fundamentally, at the core of the issue, is the defense of the most basic right we all have. The God-given right to exist, to live. If we cannot…


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Q: Verify a trigonometric relation Suppose we have the ratio $\frac{a}{\sqrt{a-b}}$, and we have that $b=a\cos(c)$. Then, do we have $\frac{a}{\sqrt{a-b}}=\csc(\frac{c}{2})$? Or at least some some thing with cosecant?

A: $$\frac{a}{\sqrt{a-b}}=\frac{a}{\sqrt{a-a\cos c}}= \frac{a}{\sqrt{a} \times \sqrt{1-\cos c}}$$
Now use $$1-\cos c=2 \sin^2 \left( \frac c2 \right)$$
To get $$ \frac{a}{\sqrt{a} \times \sqrt{1-\cos c}}= \frac{\sqrt a}{\sqrt{2 \sin^2 \left( \frac c2 \right)}}=\color{blue}{\sqrt{\frac a2} \Bigg|\csc \left( \frac c2 \right) \Bigg|}$$

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King james vii. King James I (1603 2022-12-09
King james vii Rating: 6,5/10 341 reviews
James VII, also known as James II of England and Ireland, was born in 1633 and became King of England, Scotland, and Ireland in 1685. He was the last Roman Catholic monarch to rule over the kingdoms of England, Scotland, and Ireland, and his reign was marked by significant political and religious upheaval.
James was the son of Charles I and Henrietta Maria, both of whom were devout Roman Catholics. Despite this, James was raised as a Protestant and was educated by Protestant tutors. In 1660, he married Anne Hyde, a Protestant, and the couple had two children, Mary and James, who would later become Mary II and James II, respectively.
James's reign was marked by several significant events, including the Glorious Revolution of 1688, which saw him deposed and replaced by his daughter Mary and her husband William of Orange. This event was sparked by James's efforts to establish more power for the monarchy and his attempts to increase the influence of the Roman Catholic Church in England.
James's attempts to assert his power and increase the influence of the Roman Catholic Church were met with significant resistance from the English Parliament and the wider population, who were largely Protestant. This led to widespread unrest and ultimately to the Glorious Revolution, which saw James deposed and replaced by his daughter and son-in-law.
Despite his tumultuous reign, James was a deeply religious man and was known for his devotion to the Roman Catholic Church. He was also a patron of the arts and was a talented musician and composer.
In conclusion, James VII, also known as James II of England and Ireland, was a controversial figure who was marked by significant political and religious upheaval during his reign. Despite this, he was a deeply religious man and a patron of the arts. His reign ended with the Glorious Revolution of 1688, which saw him deposed and replaced by his daughter Mary and her husband William of Orange.
George VII (The Lost Prince)
Dundee raised an army of Jacobite sympathizers, mainly from the Highland clans, and marched on Perth. Or was he a well-intentioned and even enlightened ruler—an enlightened despot well ahead of his time, perhaps—who was merely trying to do what he thought was best for his subjects? People had to notice that. Retrieved 18 October 2008. Representative of the new historical perspective is the 2003 biography by Croft's overall assessment of James is appropriately mixed. Married secondly Ana Bulkely and had issue. The only people James had around him as a child were his tutors—and they made his life a living nightmare.
James II of England
However, James, a devout Catholic, replied to Torcy: "I have chosen my own course, therefore it is for others to change their sentiments. Anne Hyde died in 1671. Unnamed child October 1675 stillbirth 28 August 1676 2 or 4 March 1681 buried in 7 November 1677 12 December 1677 died of smallpox Elizabeth c. James was born in White Lodge, Richmond Park, as the eldest child of the Duke and Duchess of York later King George VI and Queen Elizabeth at the wedding anniversary of his parents. He took part in Second World War, famously in D-Day Landings.
James VI and I
They spent four months around the world and gained the highest popularity around the world. English Historical Documents 1660—1714. The couple had six children, but only two survived infancy. Germain-en-Laye, France, in the hope of being transferred to Westminster Abbey for burial, then it was not for the lack of his trying to recover his crown through more than a decade of war, diplomacy, assassination and subterfuge. Anne was absolutely livid, and despite the fact that she was five months pregnant, she went on a hunger strike until James reinstated them. The English Bill of Rights was signed by Parliament in 1689.
King James I Was A Controversial King—With A Huge Secret
His many historic visits and meetings include a state visit to the Republic of Ireland and visits to or from five popes. Instead, it was the previous session of 1604 that shaped the attitudes of both sides for the rest of the reign, though the initial difficulties owed more to mutual incomprehension than conscious enmity. In each of her realms he has a distinct title that follows a similar formula: King of Jamaica and his other realms and territories in Jamaica, King of Australia and his other realms and territories in Australia, etc. But this time, Anne had more fight in her yet. Cambridge University Press, 4 March 1993. The Reigns of Charles II and James VII and II. He passed in a matter of days.
History of the Stewarts
Many of these criticisms are framed within a longer view of James' reigns, including the legacy—now understood to be more troubled—which he left Charles I. He is also open-minded about opinions towards The Monarchy, he would accept them and modernize The Monarchy to suit the world. Mary, Queen of Scots was no more—but her son James had a whole scandalous life ahead of him. Monmouth initially confessed to complicity in the plot, implicating fellow-plotters, but later recanted. Remember that since I am king all your being, except your breathing and soul, is from me. Retrieved 12 October 2014.
A king without a crown: James VII and II's years in exile
In 1683, a plot was uncovered to assassinate Charles and James and spark a republican revolution to re-establish a government of the Cromwellian style. Over a thousand mourners attended his funeral— though I bet none of them realized what they were in for. Growing fears of Roman Catholic influence at court led the English Parliament to introduce a new King Charles II opposed James's conversion, ordering that James's daughters, Mary and Anne, be raised in the Church of England. A Court in Exile: The Stuarts in France, 1689—1718. He also granted freedom of worship to Catholics.
King James VII And The Glorious Revolution
Material Diplomacy: A Continental Manuscript Produced for James III, Edinburgh University Library, MS 195. If these were removed, and conversions to Catholicism were encouraged, then many would take place. In 1568, Mary escaped from Lochleven Castle, leading to several years of sporadic violence. The Home Secretary, Arthur Henderson, was present to verify the birth. Their charisma provided a sensual stimulus for him that he was not to enjoy with his interfering and insensitive wife, Anne of Denmark, when they married in 1589. They had several public screaming matches that left Anne in tears, and in July 1595, their latest fight left Anne so devastated that she miscarried.
King James I (1603
James was European young Champion for Fencing in Épée, he took the award in 1932, when he was eight. James wears the James survived two conspiracies in the first year of his reign, despite the smoothness of the succession and the warmth of his welcome: the In the early years of James's reign, the day-to-day running of the government was tightly managed by the shrewd Cecil, later James was ambitious to build on the James achieved more success in foreign policy. He Turned On His Regent The Earl of Morton had served Scotland well in his years as regent, but some people still hated his guts. The Making of King James II: The Formative Years of a King. He has reformed The Royal Household towards their most criticized education for heir and spares, he demands a fair education for ALL his direct descendants and asked them to learn from mistakes, prepare for the worst, thus, his children, direct grand children and great-grandchildren all receive education on Constitution.


This morning Jane and I went shopping at Target for a church-related outreach program. Parents of kids at a local head start can earn points for Christmas gifts for their kids, and then we get to shop for each kid based on the points. We got six kids, and it took us two hours to complete our list -- you have to find wish list items and do it within the kid's budget. It was exhausting, but I hit within a few cents for every kid.
Jane mainly sat watching Daniel Tiger on the Kindle Fire. But she still slowed me down. It took me much longer than last year when I did it without her, although I think I may have had fewer kids to shop for.
Anyway, walking through the toy aisles and the kids clothing aisles really fires up my shopping jones. I could have spent another hour walking through putting stuff in the cart for Jane. So much for my Christmas present idea trouble.
When we were finished we did make a loop through the store, but only for a few things on our list (orange juice and cold medicine for the never ending sickness around here). Then we raced home to get ready and head out to the zoo with friends. It was a fun day, although exhausting.


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E-tailing: Discounting in Sales period leads to lower contribution margins.
With the different sales like (PRE-GST and end-of season sale), Q2'17 witnessed a decrease in contribution margins for the industry vs Q1'17. Increased discounting spends due to multiple sales events in Q2 primarily contributed to higher spends.
Fashion E-tailing: Fashion e-tailers see an increase in the share of private labels.
Despite strong opposition by drivers, cab aggregators continued to reduce expenditure on incentives with Bengaluru and Delhi seeing the biggest incentive drop in Q2'17.
Hotel Aggregators: Online Hotel Aggregator Industry witnesses increase in listed rooms.
The AMJ quarter saw the industry make an aggressive push towards increasing the no. of partners on their platforms. With the increasing number of partners, the total listed room increased.
Food-tech: Online Food Delivery Industry Sees 15% growth in AMJ quarter.
The AMJ-quarter witnessed slower growth trend than JFM-quarter. With the growth being limited in the penetrated cities, players have launched several marketing campaigns to increase order volume in underpenetrated cities. Chennai, Mumbai, and Pune are the key focus cities for increasing volumes.
Next articleWhat's Special in the Xiaomi Mi MIX 2 Special Edition?


A man was filmed allegedly punching a police officer in a full-blown assault captured on camera during a routine traffic stop in Western Sydney.
The hit occurred as Emad Khassem was being arrested at Merrylands before he fled.The officer then appears to pepper spray him in the face.
The incident is an all-too common occurrence for police on the beat, according to former detective Tim Priest. "Typical these days of what police are confronted with, there's just absolutely no respect for authority anymore," Mr Priest told 7 News.
Mr Khassem was charged with resist arrest and assaulting police although it's not clear what led to him apparently being pepper-sprayed.
NSW Council of Civil Liberties Stephen Blanks noted, "It's clearly something which is going to have to examined in its whole context when the matter goes to court."
The Member for Davidson, Jonathan O'Dea, said the burka should not be worn in public and police should be given powers to enforce its removal, saying Politicians should accept "reasonable societal norms" and ban the burka.
Mr O'Dea said his stance was not racially discriminatory because it would be extended to masks and helmets.
"Unless mainstream political parties respect what are are commonly acceptable and reasonable societal norms then it gives space for people like Pauline Hanson to capitalise and play on racial or religious bigotry," he said.
Stephen Blanks from the New South Wales Council for Civil Liberties said the Premier Gladys Berejiklian should dismiss the calls.
"We really have to think carefully about who in society we want to criminalise [and] subject to the force of the police and the court system," he said.
"We could criminalise all sorts of things some people find annoying. But when you think about it, it just doesn't work for society to do that.
"We have to have a level of tolerance, we have to have a level of restraint."
Anti-lockout rally shut down: do you have the right to protest?
NSW Police Commissioner Andrew Scipione has taken the Keep Sydney Open group to the Supreme Court over their plans for a protest in Kings Cross.
Keep Sydney Open organiser Tyson Koh says he was told about the Friday court hearing on Thursday evening and scrambled to find "a silk, two barristers and two solicitors" by the next day. Police argued Keep Sydney Open hadn't properly planned for the event and pointed to a lack of security, traffic planning and mass evacuation and crowd dispersal plans. But Koh's lawyers argued police had never asked for these things during the permit application process.
Judge Geoff Lindsay considered both perspectives but ultimately sided with the police, in making a prohibition order to stop the protest going ahead.
The president of the NSW Council for Civil Liberties Stephen Blanks says while protesting is generally legal, there are some conditions.
"The law is that you should give the police seven days notice of an intention to hold a public assembly or protest," he told Hack.
"If you have given the seven days notice you cannot be prosecuted for causing obstruction. You've got that immunity unless the commissioner of police applies to the Supreme Court in order to prohibit the assembly," said Blanks.
And once it's in court, it can go either way.
Stephen Blanks says there "isn't any exact criteria" for the court to apply.
"On this occasion the court has succumbed to police pressure and the public safety line. We've seen that a few times in the last couple of years."
"Unfortunately (you) have no legal protection under the Summary Offences act for causing obstruction. So yes people can turn up and protest but they have to do it in a way that doesn't cause obstruction to anyone else," said Blanks.
"There's no law about holding a sign. So it would be an interesting test if people do go to the area where the protest was to be held and do want to deliver a message."
In a statement, a spokesperson for the NSW Police Force said they were committed to working with all protest groups but they were not just concerned about safety - they were also taking into account any possible impacts on businesses and residents.
Article: Anti-lockout rally shut down: do you have the right to protest?
In a video posted to social media, a NSW police officer is seen using pepper spray while another knees a man to the ribcage during an arrest in Mount Druitt.
Police had been called to the scene, after a 17-year-old girl allegedly threatened to kill a shop assistant after slamming a trolley through a glass door. The man in the video was eventually arrested and charged with obstructing police.
Former police officer, NSW Police Minister and now state MLC Mike Gallacher said the footage highlights the dangers officers put themselves in but according to civil libertarians, there was no need for officers to strike or knee the man they were trying to arrest.
"That does look like gratuitous violence by the police by someone who they were able to overpower and arrest," NSW Council for Civil Liberties spokesperson Stephen Blanks said.
Divorce lawyers could soon have access to the web, phone and email sessions of every private user in a scheme which has been slammed as "the most intrusive of any developed country".
Since October 2015, all telephone and internet service providers have been required by law to retain for two years all their clients' metadata including voice, text and email communications, time, date and device locations and internet sessions. The requirement was said to be needed for national security.
Now the Attorney-General's department is seeking submissions by January 27 in a review looking to extend access of retained metadata to lawyers acting for clients in civil litigation.
President of the NSW Council for Civil Liberties Stephen Blanks said the move for feuding partners to be allowed to demand internet and phone data history "exposes the inherent problem with the collection of personal information".
Mr Blanks said the government's original justification for the laws was that the information could be used to fight serious crime and terrorism but, having got the laws passed, was seeking to open up the use of the data to way beyond those justifications.
"The idea that there is now a data set that can be accessible for any court at all represents the abolition of any privacy," Mr Blanks said.
"You can't have an internet or telephone simply for the purpose of browsing online, sending emails or for the purpose of telecommunications — the price of doing those very ordinary things is going to be a traceable data set about everything you've done and everywhere you've been.
"This kind of permission for using this data generally in litigation represents the complete abolition of the idea that information is gathered and used only for the purpose for which it was really intended.
The department plans to deliver the findings by April 13.
Law enforcement agencies are dramatically increasing their use of Opal card public transport data to track the movements of people in New South Wales, with approvals for data more than doubling this year.
Internal documents also reveal that police can be handed the information of "collateral cardholders", or people who are not suspects, when their person of interest's identity is unknown.
The details of collateral cardholders may be handed over when police request details of all travellers who have used their card at a particular time and place. That may occur, for example, when police have seen a suspect on CCTV, but do not know who they are.
The vice-president of the NSW Council for Civil Liberties, Pauline Wright, said the number of refusals showed that "inappropriate requests are surely being made".
"Our view still is that requests for this kind of information should only be able to be made by warrant, rather than leaving it up to the discretion of Transport NSW," she said. "Clearly there's been a huge increase in two years in the number of requests, so one can only surmise that the circumstances in which those requests are being made are broadening.
Stephen Blanks, President of the NSW Council for Civil Liberties discusses anti-protest legislation enacted by the NSW Government, its impact on community opposition to WestConnex and the way the legislation is used by business, government and the police.
"The right to protest guards against the dynamism of politics and society. Freedom to express your opinion in spite of pressure is an important aspect of the NSW democracy."
"We have also had longstanding concerns with the way in which this unit of police has been deployed specifically to suppress protest, and its a paramilitary force which is not a thing of balance between protesters and the community. They are designed to oppress protesters. Protesters should be looking TO police for protection, not the other way around. To turn the police into an anti-protest riot squad is a huge infringement of democracy"
The NSW Ombudsman report on "Review of police use of the firearms prohibition order search powers" was released yesterday, leading some commentators to point out that the orders and redundant, unnecessary and improperly used.
Stephen Blanks talked with Robbie Buck on ABC 702 morning radio to explain some of the issues raised by the report.
A parliamentary committee has endorsed new laws allowing convicted terrorists to be kept in jail once their sentences expire, provided a court rules they pose a threat to society.The strengthening of Australia's counter-terrorism laws was recommended by Prime Minister Malcolm Turnbull earlier this year after high-profile terror attacks in Orlando, Nice and Paris.
On Friday, the Parliamentary Joint Committee on Intelligence and Security recommended the laws be introduced along with 23 amendments.
Civil liberties groups expressed concern about the proposed laws earlier this year claiming they were a distraction and window-dressing.
"People who have been convicted of serious terrorism offences are in jail for many years to come, we're not being told who is about to be released that they're concerned about," New South Wales Council of Civil Liberties president Stephen Blanks said.
Should we sacrifice civil liberties to stay safe?
Recent polls show a large amount of Australians are in favour of increasing powers for government security agencies to defend against terrorism, but how much are we willing to sacrifice for this added 'protection'?
Interview with NSWCCL President Stephen Blanks, ANU researcher Dr. Jill Sheppard, and Counter Terrorism expert from Deakin University, Greg Barton.
Video Link: Should we sacrifice civil liberties to stay safe?


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Katharine Shilcutt May 13, 2011 1:11PM
Last year, the Texas Association of First Responders (TAFR) Wild Game Cookoff at Sam Houston Race Park was by far the best barbecue cookoff I attended all year. With teams from the FBI (team name: Silence of the Hams), the Secret Service (team name: Smoke and Mirrors), the U.S. Customs Bureau (team name: Smugglers' Blues) alongside law enforcement agencies from around the state, how could it not be? You know you want to see what kind of fancy barbecue rig the CIA brings in. The 4th annual TAFR cookoff kicks off tonight at 5 p.m. and continues through tomorrow, May 14. Tickets are $5 at the gate and parking is $5.
Also this weekend, of course, is the Haute Wheels food truck festival. Did you already buy your VIP tickets? If so, we'll see you in the tent. If not, $16 general admission tickets are still available for the two-day event.
And if food trucks aren't your thing, head out west to the 2011 Houston Greek Festival at St. Basil the Great Orthodox Church on Eldridge. Admission is free each day this weekend -- Friday, Saturday and Sunday -- until 2 p.m. After that time, it's only $3 a ticket. The big draw, of course, is the World Gyro Eating Championship that will take place at 2 p.m. on Sunday. Big-name competitive eaters like Joey Chestnut, Pat Bertoletti and Erik "The Red" Denmark will compete for $4,000 in prizes. And you'll be surprised at just how many gyros they can put away.
Coming up on June 11 is the inaugural Houston Beer Fest, which will fill Hermann Square Park with bands and beers from breweries from Ommegang to no label. And yes -- there will be beer pong and flip cup competitions. Get your tickets now for $20 (or $10 if you promise to be the designated driver!).
The Alamo Drafthouse series at downtown's Market Square Park continues on June 18, when they'll be screening Indiana Jones and the Last Crusade for free that evening at 8 p.m. while you munch on goodies from Niko Niko's (which will have later hours that evening). You can also, of course, bring over pizza from ERA or sushi from Convey, or food from any of the other wonderful restaurants that ring Market Square.
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Katharine Shilcutt
Contact: Katharine Shilcutt
Openings and Closings: Kriti Kitchen Open, Spanish Village Closes Soon
This Week in Houston Food Events: A Cambodian Supper Club and Crawfish Season Ignites
By Lorretta Ruggiero
Houston's 5 Best Weekend Food Bets: Grilled Cheese and Hops and Hot Sauce


At the end of the valley Zugertal, in the heart of the Lechquellen mountains, lies the lake Formarinsee at 1.793 meter above the sea level. The mountain lake is fed by a natural spring and builds itself annually anew from the snowmelt. That is why his size varies. Normally the lake is about 500 m long and 400 m wide with a maximum depth of 17 m.
His name "Formarin" comes from an old German field name for the surrounding alpland. Until today the area is used for alpine farming.
Lake Formarinsee is so special because it has no superficial runoff, but drains over a karst cave system. A part of the water flows into the river Lech and then into the Danube. The other part arrives after six to seven days at the creek Marulbach and flows through underground systems into the river Rhein.
Geographically seen, the lake is situated in the municipal area of Dalaas and is accessible on foot from the valleys Klostertal, Großes Walsertal and from Lech-Zürs. One who likes it more comfortable, takes the bus to the valley Zugertal directly to the lake Formarinsee.


Chiffon cake filled with fresh strawberries and whipped cream, iced with whipped cream.
Devil's Food cake with ganache, fresh strawberries and whipped cream iced in whipped cream.
Mocha cake, traditional brown sugar, coconut and pecan filling, glazed with ganache.
Chiffon cake, filled with lemon curd, kiwis, mandarin oranges, and bananas, iced with whipped cream.
Our moist Red Velvet cake with cream cheese filling and cream cheese icing with a red rose.
Chiffon cake with raspberry jam, Meyer's rum custard and whipped cream, decorated with toasted almonds and whipped cream.
Devil's Food cake with marionberry jam, a thin layer of ganache and whipped cream iced with vanilla butter cream.
Devil's Food Cake filled and iced with mint buttercream and ganache.
Devils Food cake with ganache filling and hazelnut buttercream icing.
Devil's Food Cake filled and iced with peanut buttercream and ganache.
Our rich Devil's Food cake layered with our home made fudge ganache and whipped cream iced in whipped cream.
Mocha cake, ganache filling, iced with mocha buttercream, decorated with coffee bean candies.
Poppyseed cake filled with lemon curd and iced with cream cheese.
Chiffon cake with lemon curd filling, iced with whipped cream.
Devil's Food Cake filled with coconut custard and ganache, iced with whipped cream and coconut shavings.
Our Chiffon cake filled with coconut custard and whipped cream icing.
Flourless chocolate with cherry filling, decorated with whipped cream and chocolate shavings.
Two layers of light sponge cake filled with vanilla custard, iced with whipped cream and topped with ganache.
Single layer of flourless chocolate cake topped with chocolate mousse, iced with whipped cream.
Rum and Espresso-soaked sponge cake layered with mascarpone, marsala sabayon and chocolate mousse, iced with whipped cream.
Pastry orders require at least 48 hours in advance.
Note: Minimum 6 blackbottom cupcakes required across order.
Note: Minimum 6 german chocolate cupcakes required across order.
Note: Minimum 6 chocolate mint cupcakes required across order.
Note: Minimum 6 red velvet cupcakes required across order.
Note: Minimum 6 chocolate cupcakes required across order.
Note: Minimum 6 carrot cupcakes required across order.
Note: Minimum 6 chocolate marionberry cupcakes required across order.
Note: Minimum 5 peanut butter cookies required across order.
We require at least a 24-hour notice for all orders. For Catering and Pastries items we need at least 48 hours. **Once we hit our maximum capacity, you will not be able to order for that day.
In Store Pick Up orders are not available right now.


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HomeGames for boysPuzzle & Dragons 18.5.3
Puzzle & Dragons 18.5.3
Puzzle & Dragons 18.5.3 Download
Puzzle Dragons is an unusual puzzle game for Android with elements of collecting and RPG. It has an addictive and interesting gameplay, due to what will be a great way to pass the time. Gameplay includes the creation and development of teams, as well as the battle with monsters and other players. Puzzle Dragons Features multiplayer mode; the ability to assemble the strongest team of monsters to defeat enemies and traverse dungeons; more than 2 000 unique characters give limitless possibilities to form different combinations; various character abilities and enhancements that must be combined with each other; development of characters into more powerful ones through evolution; the ability to invite friends to play together. Gameplay The game has an element of classic "3 in a row" puzzle, but the developers have decided to go further and added to the gameplay a lot of heroes, which are influenced by the actions occurring on the screen. The collected rows of the same pictures charge the heroes with energy, that they use to attack. You can achieve a variety of attacks, including team attacks. Since you can assemble a team of a limited number of characters for a battle, the player will have to think about which heroes to take with them into battle, especially considering their number. The game also has additional features such as multiplayer and the ability to ask for help from other players. Advantages thousands of team building options; a good combination of puzzle and RPG; a store where you can buy unique characters for real money.
Games for boys Games for Children Games for girls online games RPG Three in a Row


Companies spend a significant amount of time and money on advertising and marketing their brand�s products or services.
It used to be that when you advertised on offline channels like TV and print, you just hoped for the best in terms of results. Now, with digital marketing and digital advertising you can track and tweak your ads for better performance as often as you need to. Unlike old-fashioned advertising, what I love about the digital world is it's real time tracking. You can monitor and make improvements instantly, or adjust creative to a different media channel and that�s it�you�re done! This means you don�t have to shoot that commercial all over again if it�s not driving results, or you don�t need to re-create and republish a new print advertisement when you want to make a change. With digital advertising, you simply adjust the content as needed and you�re ready to go.
Buy Now, Book A Flight, Request A Quote--Whatever next step you want the user to take (which is typically the objective of your campaign) should be vibrantly displayed in your content.
Every successful advertising campaign contains a clear and compelling call-to-action (CTA). This �button� tells the user what the next step is and is how they get from the advertisement back to your site, moving them further down the funnel and closer to the point of conversion.
When it comes to selecting a CTA, you want to focus on language that is relevant to your brand, service or products, and completely obvious to the user. Anything ambiguous can confuse the user, and even if they click on the CTA, arriving at an onsite page that doesn�t meet their expectations won�t result in a conversion. That being said, you want to avoid generic language like �learn more� or �read more��while this can be relevant to what you�re promoting, it isn�t unique to your brand, or even your industry.
Jet Blue's digital ads feature compelling call-to-actions and unique messaging.
In the example below, Sotheby�s has a beautiful digital ad campaign that promotes different destinations. The imagery is striking (another must-have for successful digital advertising), the text is readable, and it�s ultimately a clean design. However, there is no real CTA. As a user, I could of course click on the ad and be directed to their site, but there is no real incentive to do so and no real button showing me what step to take next. Simply adding a CTA button to this ad would likely improve the performance of these campaigns and result in higher conversions.
One of Sotheby's digital advertisements is featured here.
It should come as no surprise that messaging is important. With any digital platform, messaging is critical as it�s the core communication with a potential customer. In terms of digital advertising, when you don�t have a ton of copy space or even time to capture user attention it�s important that messaging be compelling and, most importantly, succinct.
In the example above, Biotherm incentivizes the experience for the potential customer. Their core message �Enjoy Free Shipping + 25% Off All Orders� captures the user�s attention and for someone already interested in their products, it�s likely to be that last added touch to convert. For all brands, this is an incredibly well done ad to take notes from. If you�re running a retargeting campaign where the user has already visited your site, for example, this type of incentivization could not only help you stay top of mind as the potential customer navigates other sites, but can serve as the final touchpoint before the user finally makes the purchase.
Whatever the content you�re advertising is related to, you should always drive users to a page that is relevant to that content. This simple step will help to keep users on your site, offer a better user experience, and ultimately improve conversion rate.
If you�re an athletics brand and you�re advertising women�s running shoes in an AdWords campaign, sending users to your women�s running shoes page will help facilitate the conversion process. The more relevant the page is that you drive clicks to, the greater likelihood that the user will follow though and convert. After all, your advertisement has captured that user�s attention enough that they clicked on the ad, so the likelihood is they want more information pertaining to that specific subject � not general information you�d find about your brand and entire line of athletic attire on your homepage.
Sending users to your homepage instead of a designated landing page that is correlated to the particular campaign can be a costly mistake. Users generally won�t search your site for the item they�re looking for. As a brand, bringing the potential customer as close as possible to their unique needs and the point of conversion is not only the best approach, but also the best user experience.
For each of your digital campaigns, it�s essential that you think about where you�re serving users with these ads. The likelihood is that the ad will appear while the user is absorbing other content somewhere else online, so the way your ad appears visually is important.
Using high-quality imagery that is telling as to what the ad promotes is one of the most important features for all successful digital advertising campaigns. Failure to use imagery that is captivating or visually appealing doesn�t help capture the user�s attention. In the example below, Waldorf Astoria uses beautiful photos of their resorts to advertise to a targeted set of users. Not only does this stand out as the user scrolls through the page, it truly sparks interest.
Waldorf Astoria's beautiful imagery helps to enhance ad effectiveness.
For brands in the B2B space, or in industries where imagery may not be as �naturally� beautiful as a beachfront resort, there are still options. Focus on imagery that is bold, clean, and compelling. In a lot of ways, imagery should tell the story your brand is trying to convey and give the user a solid expectation of what you have to offer. This is especially important for new or potential customers who may not be familiar with your brand. If the imagery in your ads doesn�t stand out, they may not even recognize your brand or your products if they see them later on a different platform.
You�ve probably heard it said many times, that for any marketing channel, testing the effectiveness of your efforts is important. When you�re running digital advertising campaigns, this is no exception. Without monitoring your campaigns, how are you able to identify areas to continue focusing on versus areas for improvement?
Sometimes, seemingly arbitrary factors like time of day, language choice, audience segment, or image selection can really play a role in the success of your campaigns. For that reason, it�s critical that you pay attention to these factors and monitor which campaigns have which varying elements. If you�re finding success with one campaign, or finding an alternate campaign to be less effective, don�t be afraid to change it. A/B testing with digital ads, where you test ads with varying content, can be incredibly valuable when determining which messaging or content resonates best with your audience�and often for reasons you can�t foresee.
Also, testing your ads before you implement them is critical. More times than I�d like, I�ve seen brands with fantastic ads pointing to the wrong pages, 404 pages, or with messaging targeted to an audience that I�m mistakenly segmented in. Take the time to make sure your ads appear as they should and direct users to the right pages. When little mistakes like this happen, not only have you wasted the resources spent for this particular campaign, you�ve also adversely impacted the user-experience. This extra moment of testing can save your company a lot of money in the long run.
In this day and age, digital advertising holds a ton of potential. For most brands, it�s one of the most effective ways to get your company, products or services in front of a qualified and targeted user. However, if you�re not following the right guidelines to make your digital advertising as impactful as possible, the likelihood is that you won�t garner the results you�d most like to see. Keep in mind the above tips when crafting your campaigns and optimizing your conversion rate.


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Корадо Барацути је освојио турнир. У финалу је победио Брајана Готфрида резултатом 7-6, 7-6, 6-7, 3-6, 6-4.

Носиоци

  Брајан Готфрид ''(финалиста)

 Раул Рамирез ''(прво коло)

Жреб

Финале

Група 1

Група 2

Спољашње везе
 Жреб турнира на сајту atptourworld.com

Тенис 1977.
Париз мастерс 1977.

redpajama_set_name: RedPajamaWikipedia


Dominique Bergmann, John Pringle and Anne Villeneuve are now part of an organization designed to advise the nation on issues related to science and technology.
The new members from Stanford are Dominique Bergmann, PhD, professor of biology; John Pringle, PhD, professor of genetics; and Anne Villeneuve, PhD, professor of developmental biology and of genetics.
Bergmann, who is also a Howard Hughes Medical Institute investigator, began efforts as a postdoctoral scholar at Stanford to establish stomatal cells as a model for developmental studies in plants. Her lab now focuses on these cells to learn about cell fate, stem-cell self-renewal and cell specialization.
Pringle uses yeast genetics to discover general principles of cell-polarity development, cytokinesis and the septin cytoskeleton. He and his group study cell-cycle control, cellular morphogenesis, and cell-division mechanisms in yeast and other simple eukaryotic model organisms.
Villeneuve investigates the mechanisms underlying the faithful inheritance of eukaryotic chromosomes. Her primary focus is on elucidating the events required for orderly segregation of homologous chromosomes during meiosis, the crucial process that reduces the number of chromosomes in a parent cell by half and produces four gamete cells.
The academy is a private, nonprofit institution that was created in 1863 to advise the nation on issues related to science and technology. Scholars are elected in recognition of their outstanding contributions to research. This year's election brings the total of active academy members to 2,290.


On Jan 11, the Reserve Bank of India (RBI) imposed a fine on Citibank NA for deficiency in its compliance with the RBI's 'Fit and Proper' criteria for directors of Banks.
This penalty, which was imposed by an order dated January 4, has been imposed in exercise of powers vested in the RBI under the relevant provisions of the Banking Regulation Act, 1949, taking into account the failure of the bank to adhere to the 'Fit and Proper' directions issued by RBI, the central bank said in a statement.
A few days after the Citibank order, the RBI imposed a fine of Rs 1 Crore on Bajaj Finance for violation of 'fair Practices Code of Master Direction DNBR'.
A day after Bajaj Finance got fined, the RBI imposed the same amount of fine on Bank of Maharashtra, this time for non-compliance with KYC regulations. Interestingly, the RBI had imposed a Rs 1 Crore fine on the bank last year as well, but that was for delay on their part in detecting and reporting fraudulent activities in one account.
Remember those times when you clicked 'I Agree' on a webpage with a bunch of items pre-checked? Well, Google made people in Europe do that and is now likely to pay a big price for this.
Last week, global internet giant Google was fined UKP 44 Million by by the French data regulator CNIL, for a breach of the EU's data protection rules.
The regulator judged that people were "not sufficiently informed" about how Google collected data to personalise advertising.
"The user gives his or her consent in full, for all the processing operations purposes carried out by Google based on this consent (ads personalisation, speech recognition, etc).
The RBI has asked registered Peer-to-Peer Lenders to furnish a host of details including their borrowers, lenders, profits, exposure details, and the financial health of the platforms. The motive seems to be to keep a track of inter-person lending for Anti-Money Laundering.
Indonesia's burgeoning peer-to-peer lending industry is being closely watched by the Financial Services Authority (OJK).
The OJK said it has enlisted the Communications Ministry to block more than 400 websites and smartphone applications offering illegal P2P lending services.
The OJK's measures followed a report by the Jakarta Legal Aid Foundation, which says it has received more than 1,300 complaints against P2P lenders; most of the outfits were found to be illegal.
Much like in India, the Fintech space has grown rapidly in Indonesia over the past few years. According to the OJK, registered P2P lenders have channeled a combined 16 trillion rupiah ($1.1 billion) in loans to 2.8 million borrowers, mostly small and midsize businesses, since the regulator began collecting data in December 2016. It's a market that promises fast credit but has also attracted unscrupulous players.


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GERMANY: Berentzen 2003 figures rise, just
just-drinks.com editorial team30 March 2004
Berentzen-Gruppe has posted its 2003 figures. The German drinks producer announced over the weekend that sales for the year had risen to €193.6m (US$233.9m) from €190.5m in 2002.
While Berentzen is also a bottler for Pepsi and Lipton, sales at its non-alcoholic drinks division also increased, by 19% year-on-year to €46.1m. Sales of spirits for the company remained level with 2002 at €147.5m. Spirits sales were bolstered by the company's premium brands, including Linie Aquavit, which saw its sales rise by 17% on 2002.
Berentzen has recently expanded its products portfolio to include the new Mexican beer, Sol. It also plans to add Yellow Tail wine from Australia to its roster.
Sectors: Beer & cider, Soft drinks, Spirits
FREE TO READ - just-drinks' Mergers & Acquisitions database - April 2019...
just the answer - Kumala and Flagstone...
PepsiCo matches Coca-Cola European Partners with net-zero emissions goal...
Is 'community commerce' the silver bullet for beverage's direct-to-consumer problems? - analysis...


Barney Frank and Ed Rendell are right. In seeking to recall Wisconsin Governor Scott Walker, the public-sector unions and their allies on the progressive wing of the Democratic Party made a big mistake. "My side picked a fight they shouldn't have picked," Frank told The Hill. "People need to be more strategic about the fights they pick." In other places, such as Ohio, Democrats have successfully campaigned in state legislatures to roll back Republican anti-union initiatives. But rather than following such a strategy in Wisconsin, they tried to drive Walker out of office, alienating independent voters and bringing down upon themselves a deluge of conservative money.
This overreach may well embolden G.O.P. governors in other states to follow the Wisconsin example. But the tactical blundering of the anti-Walker forces shouldn't be allowed to obscure what is at stake here. Exploiting public concerns about debts and deficits that have resulted from an economic downturn largely brought on by Wall Street malfeasance, Republican politicians, backed by wealthy individuals and corporations, are looking to cripple the unions and balance local budgets on the backs of low- and middle-income workers.
In short, it's a class conflict. On one side are right-wing billionaires like the Koch brothers and Sheldon Adelson, who exploit quirks in the campaign-finance laws and anxiety among taxpayers to further their conservative agendas, and shadowy corporate-financed organizations, such as the American Legislative Exchange Council, or ALEC, which helped draft many of the anti-union bills that Republican statehouses have adopted. On the other side are teachers, janitors, municipal administrative workers, cops, and firemen.
Over the years, to be sure, some public-sector unions have adopted restrictive practices and negotiated retirement agreements that can no longer be sustained. (At a time when New York City is laying off teachers, can it justify paying retired policemen and firefighters up to two-thirds of their peak salaries after just twenty years of service? I don't think so.) But Republicans like Walker aren't merely looking for concessions from the unions: they are out to destroy them.
Americans are famously reluctant to adopt the language of class warfare, or even to acknowledge its existence. In its place, they have embraced the argot and imagery of individualism: The hardy frontiersman loading his family and his possessions into a single wagon; the industrious immigrant tending his grocery store or gas station sixteen hours a day; the spotty post-adolescent hunched over his laptop trying to create the next Facebook.
And, of course, the Horatio Alger narrative isn't completely without foundation. Endowed by nature with fertile land, abundant minerals, and a hospitable climate, and endowed by its founders with democratic and pragmatic approach to politics, the United States has for centuries provided a ready platform for creativity, hard work, and material advancement. From the Irish and Italians to the Vietnamese and Koreans, successive waves of immigrants have moved from the city tenement to the suburban subdivision. Even today, many working-class Mexicans, Haitians, and people of other nationalities are risking their lives to get here.
But individualism is only part of America's story: class conflict has always played a big role, too. The antebellum plantation economy was based on slavery, a legally sanctioned form of class warfare in which the workers had no rights. In the late nineteenth century, the rise of U.S. industrial might was marked by bitter, violent labor disputes, such as the great railway strike of 1877 and the deadly Homestead Strike of 1892. During the first three-quarters of the twentieth century, organized labor made great advances, many of which it has lost during the past thirty years.
Even when the economy is growing, there are constant conflicts about who gets what. The argument of free-market economists that productivity determines wages and profits is mistaken. Productivity determines the over-all size of the pie. How it is distributed depends on a variety of factors, including relative bargaining strength, international competition, labor laws, and the results of elections. Economics and politics aren't separate spheres. They are two sides of the same coin, something that is particularly evident in the treatment of public-sector workers. With taxpayers footing the bill, every labor contract has political connotations.
When the economy stops growing, the distributional conflict intensifies, and the outcome can go either way. In the Great Depression, F.D.R. pushed through the Wagner Act, which gave workers the legal right to found unions and bargain collectively. During the postwar decades, partly thanks to the negotiating clout of the trade unions, many ordinary Americans with no great education did so well that they stopped thinking of themselves as working class; with their houses in the suburbs and their cars, they believed they had joined the prosperous "middle class." Class conflict was a thing of the past.
Not entirely coincidentally, inequality rose and wage growth started to lag behind productivity growth. The share of over-all income that goes to wages and other forms of employee compensation began to fall. In 1990, according to calculations by the Bureau of Labor Statistics, about sixty-three per cent of over-all income went to wages and employee benefits. By the middle of last year, the figure had fallen to fifty-eight per cent—the lowest level in many decades.
Commensurate with the decline in labor's share of income, the share taken by owners of capital has gone up. To be sure, many of these "capitalist" beneficiaries are themselves workers who have invested in stocks through their retirement accounts and personal portfolios. But the richest five per cent of households, who own about seventy per cent of the country's financial wealth, have reaped most of the gains. And the top one per cent, which owns about forty per cent of over-all financial wealth, has benefitted most of all.
It is in this context that the Koch Brothers, Sheldon Adelson, and their agents in the G.O.P. are engaged in their latest anti-union crusade. The long-term goal is reduce public-sector unions to the same subjugated state as their counterparts in the private sector. On Tuesday, with an assist from their enemies, they won a big battle. But the war goes on.
Photograph by Seth Perlman/AP Photo.


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Home > All > Feature > The Telegraph appoints Chris Forrester as first chief revenue officer
The Telegraph appoints Chris Forrester as first chief revenue officer
The Telegraph has today announced the appointment of Chris Forrester to the newly created role of chief revenue officer, reporting into CEO, Nick Hugh.
Chris, who was most recently Spotify UK manager, will lead the company's advertising revenue teams including display ad sales, client strategy and development, and Spark, The Telegraph's branded content and data division.
He will also have responsibility for all commerce revenues, excluding that generated by Telegraph Travel and Telegraph Financial Services.
The appointment of Chris forms part of the Telegraph's ongoing commitment to focus on diversifying into new revenue streams, including advertising, digital subscriptions, travel and financial services and events, in order to offset declines in print.
Hugh said "We are delighted to welcome Chris to The Telegraph in the role of CRO. His extensive experience and forward thinking attitude make him well positioned to lead our commercial efforts into the future."
Chris joins the newspaper with over 20 years experience from some of the industries biggest brands including four years at Primesight, where he first held the position of commercial director and later becoming managing director. In 2016 he became Country Manager of Spotify UK.
We wish Chris and Nick and everyone at The Telegraph all the best in this latest Victorious Partnership.
You can read the original announcement here.


Drive, bike, or take the streetcar to our drive-in under the stars—and the striking Ross Island Bridge—at Zidell Yards. The gates open at 7:30 PM and films start at dusk, with food and drink for sale by Olympic Provisions and Taqueria Las Piedritas on site. If you don't have your car, bring a chair or a cushy blanket and find your riverside spot in front for some pop cinema classics. The Zidell Yards entrance is at 3030 SW Moody Avenue, a few blocks north of the streetcar to OHSU.
Admission: $8 per person per film; $12 double feature; tickets available exclusively at the gate. Payment options: cash or Square.
Please, no outside food or drink. Sound will be broadcast via local FM transmission and speaker system. Co-presented by Zidell and the Northwest Film Center. Sponsored by LAIKA.


text:
Middle distance standout Taylor Chiotti no longer on Oregon's roster
Register-Guard
When Oregon's women's cross country and track and field teams resume a competition schedule later this school year, it will be without Taylor Chiotti.
The junior middle distance runner and the cross country team's top expected returner has left the Ducks and appears to have transferred to Washington.
Though neither the Oregon nor Huskies' 2020-21 cross country roster has been updated to include Chiotti's move, she recently changed her Instagram profile to indicate she is now running for the Huskies and she is listed in the student directory at Washington.
Chiotti was a standout at Southridge High in Beaverton and was recruited to Oregon by former assistant coach Maurica Powell before she and husband Andy Powell took over at Washington in 2018.
Chiotti had a breakout sophomore season in cross country last fall when she was the Ducks' top finisher at both the NCAA championships and NCAA West Regional meet, placing 79th and 13th, respectively.
Before those two season-ending meets, Chiotti placed 11th among a high-quality field during the Bill Dellinger Invitational in September and then was 31st in an NCAA championship-level field at the Nuttycombe Invitational on Oct. 18.
In both races, she was the Ducks' second finisher behind senior Susan Ejore.
She also was 24th overall at the Pac-12 championships.
Chiotti missed most of the 2020 NCAA indoor season but returned for the Mountain Pacific Sports Federation championship meet in February and helped the Ducks' distance medley relay team qualify for the national meet with a win in 10 minutes, 59.39 seconds.
She would've presumably been running the 800-meter leg of the DMR at the NCAA Indoor Track & Field Championship meet in March as the Ducks looked to win their third straight national title in that event. The meet, however, was canceled before it even began because of the coronavirus.
In her one outdoor season at Oregon, Chiotti posted personal bests of 4:20.29 in the 1,500 and 2:05.87 in the 800.
With Chiotti's departure, the Ducks will need to replace five runners from a 2019 cross country team that needed some revamping after a 26th-place finish at the NCAA championships.
The postponed fall season is scheduled to start in January with the first competition no earlier than Jan. 23. The national championship meet is scheduled for March 15.
With Chiotti and Ejore gone, the middle-distances events will look different as well for the Ducks, who are bringing in a recruiting class that includes Nicole Louw, the 2019 South African U20 1,500 champion and 800 runner-up, and Maddy Elmore, the 2019 6A state champion in the 1,500 from South Eugene.
Follow Chris Hansen on Twitter @chansen_RG or email at chansen@registerguard.com. For more sports coverage, visit registerguard.com. Want more stories like this? Subscribe to get unlimited access and support local journalism.
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text:
Thérèse Island is a small island off the western coast of Mahé in the Seychelles.  It has 700 m long white sand beaches, with numerous coconut palms.  It has two rocky peaks which resemble a giant's staircase, the tallest, Thérèse Peak, being  above sea level. There is a reef protecting the south shore of the island. Thérèse Island, along with its sister island Conception Island, is part of Port Glaud district of Mahé, the main island of the Seychelles.

The island is uninhabited but tourists frequently visit it for its water-sports including scuba diving, snorkeling, water skiing, sailing, windsurfing, and deep sea fishing.

There is a restaurant on the island serving Creole cuisine.

Administration
The island belongs to Port Glaud District.
The island is for sale

Tourism
Today, the island's main industry is tourism.

Image gallery

References

External links

 National Bureau of Statistics
 info
 Mahe Map 2015
 Info on the island

Islands of Port Glaud
Uninhabited islands of Seychelles
Tourist attractions in Seychelles


text:
Robert Gossett Biography, Age, Family, Father, Wife, Shows and Movies
Who Is Robert Gossett?
Robert Gossett Age
Robert Gossett Family
Robert Gossett Wife
Robert Gossett Actor
Robert Gossett Movies And Tv Shows
Robert Gossett Net Worth
Robert Gossett (Robert Roy Gossett) is an American television theater and film actor. Gossett is known for his work on the hit TNT drama "The Closer" (2005-2012) and its spin-off "Major Crimes (2012-2017).
Gossett was born on March 3, 1954, in The Bronx, New York, U.S. He is 64 years old as of 2018.
He is a first cousin to actor Louis Gossett Jr.
Robert is married to Michele Gossett, a theater director.
Gossett went on to act in the Broadway production of Lloyd Richard's Fences, Hal Scott's A Raisin in the Sun, and also Donald McKayle's The Last Minstrel Show.
He then performed in the Negro Ensemble Company's productions of Manhattan Made Me, Sons & Fathers of Sons, A Soldier's Play, and also Colored People's Time. He also has extensive television experience with guest-starring roles on Crossing Jordan, NYPD Blue, and also Black Angel. He has then acted in the Jeff Bridges/Tim Robbins film Arlington Road and also the Sandra Bullock movie The Net.
Robert starred as Commander Russell Taylor on the TNT crime drama, The Closer and also on its successor series Major Crimes.
Over the Brooklyn Bridge (1984)
Batman Returns (1992)
The Net (1995)
White Man's Burden (1995)
The Maker (1997)
Arlington Road (1999)
Jimmy Zip (1999)
The Living Witness (1999)
Devious Beings (2002)
The Inner Circle (2005)
Flying By (2009)
Tied to a Chair (2011)
Revelation Road: The Black Rider (2014)
How To Get Rid Of A Body (and still be friends) (2016)
Robert's net worth is not yet revealed.


Our free all day event for funders took place on Thursday 16 June 2016 in Big Lottery offices in Glasgow.
This event was an interactive mix of learning, sharing and good conversations where funders discovered different ways to get the best from grant-holders, found out about new resources and heard results of a survey about funders views on economic evaluation.
Walking the Talk: The launch of this guide for funders on how to evaluate policy and practice influencing work. See summary of the guide here and download full copy here.
Economic evaluation: Findings from ESS's latest research on funders' views on economic evaluation.
Getting the best from grant holders - Presentations about online reporting and funders' experiences of evaluation support by Kaylie Allen, Inspiring Scotland and Connie Williamson, Lloyds TSB Foundation for Scotland.


text:
F.2d
100 F.2d
100 F.2d 996 (1939)
CRAPO v. UNITED STATES
CRAPO v. UNITED STATES.
Circuit Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Rehearing Denied February 1, 1939.
Clyde Taylor and Harold E. Marshall, both of Kansas City, Mo., for appellant.
Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for the United States.
Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.
Circuit Court of Appeals, Tenth Circuit.
PHILLIPS, Circuit Judge.
Crapo was tried and convicted on two counts of an indictment charging violations of the National Firearms Act, 26 U. S.C.A. §§ 1132-1132q. He was sentenced to serve a term of five years on each count but the sentence on count 2 was suspended and he was placed on probation for a period of five years to commence at the termination of the sentence on count 1.
Notice of appeal was filed on June 11, 1938. On July 6, 1938, the time within which to file the bill of exceptions and assignments of error was extended by the trial court for a period of thirty days. They were not filed within that time, but this court under authority of Rule 4 of the New Criminal Rules, 28 U.S.C.A. following section 723a, extended the time for filing the bill of exceptions and assignments of error to November 28, 1938, and within that time they were duly filed and the appeal docketed. See Ray v. United States, 301 U.S. 158, 57 S.Ct. 700, 81 L. Ed. 976.
Count 1 of the indictment charged that on or about December 20, 1936, Glenn Van Hook and Alton Crapo had in their possession at, near, or about an outside garage located in the rear of 1637 Southwest Boulevard, Kansas City, Kansas, a Remington sawed-off shotgun, serial No. 130007, having a barrel less than 18 inches in length, to wit, 15-¼ inches in length, which they unlawfully, wilfully, and feloniously failed to register with the Collector of Internal Revenue for the District of Kansas.
Count 2 charged that on or about December 20, 1936, at, near, or about the rear of 1637 Southwest Boulevard, Kansas City, Kansas, Glenn Van Hook and Alton Crapo did then and there unlawfully, wilfully, and feloniously have in their possession, custody, and control one Remington sawed-off shotgun, serial No. 130007, having a barrel of less than 18 inches in length, to wit, 15-¼ inches, which firearm had been transferred in violation of 26 U.S.C.A. §§ 1132b and 1132c, in that they had failed to pay the tax of $200 on such firearm, to secure stamps showing the payment of such tax, to affix such stamps to the order for such firearm, and to furnish a written order on an application blank in duplicate for that purpose issued by the Commissioner of Internal Revenue.
Count 1 is based upon 26 U.S.C.A. § 1132d, and count 2 on 26 U.S.C.A. §§ 1132b, 1132c, 1132e, set out in Note1.
26 U.S.C.A. § 1132(a) defines a "firearm" as follows:
"The term `firearm' means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition."
The evidence of the government established these facts:
Dr. H. M. Wheeler of Kansas City, Kansas, owned certain garages in the 1600 block on Southwest Boulevard, Kansas City, Kansas. His wife rented one of the garages to a man who said his name was Hartman. This man paid the rent until May 25, 1935. Thereafter, Dr. Wheeler's house burned and he placed a note under the garage door notifying Hartman to pay the rent thereafter at Kroger's Grocery Store. In July and October, 1936, Crapo came to the Kroger Grocery Store, and on each occasion paid Reese, the store manager, $6 as rent for the garage. Reese gave him receipts for the rent in the name of Hartman. On December 15, 1936, officers of the Kansas City, Kansas, police department located in the garage an automobile reported to have been stolen. They found in the automobile a Remington sawed-off shotgun having a barrel of 15-¼ inches in length, a high-powered rifle, shotgun shells to fit the shotgun, rifle shells to fit the rifle, pistol holsters, several sets of license tags from Minnesota, Missouri, and South Dakota, an overcoat, a raincoat, several cans of oil, and two large milk cans full of gasoline. These articles were removed to the police station and a 24-hour a day watch was placed on the garage by the police officers. On December 20, 1936, McMullen and Downs, of the Kansas City, Kansas, police department, were on duty watching the garage. McMullen saw a man unlocking the garage. He and Downs immediately ran to the garage, opened the door, and found Crapo and Van Hook inside. McMullen asked them what they knew about the car, and they said they would rather not talk. The officers searched Crapo and Van Hook and found a key on Van Hook which unlocked the garage door.
The shotgun had not been registered with the Collector of Internal Revenue for the District of Kansas.
Crapo stated he had known Van Hook for approximately one year; that he met Van Hook near the Katz Drug Store at Fortieth and Main Streets, Kansas City, Missouri, and accompanied him to a tavern; that he desired to purchase an automobile radio, and accompanied Van Hook to the garage for the purpose of looking at a radio. He denied that he paid the rent on the garage, and denied any knowledge of the automobile and articles found therein. He further testified that he was born in Stafford County, Kansas, and had lived most of his life in Kansas west of Hutchinson; that in October, 1936, he worked at his father-in-law's ranch near Elk City, Kansas; that he there received an injury to his wrist and went to Wichita and later to Kansas City to obtain medical treatment for his injured wrist.
At the close of the evidence, counsel for Crapo interposed a motion for a directed verdict on the ground that the government had failed to prove that Crapo was in possession of the shotgun, and had failed to prove that the shotgun had not been registered in some other district in the United States.
The motion was overruled and an exception duly saved.
Crapo did not challenge the sufficiency of the indictment in the trial court. He contends here for the first time that count 1 is insufficient because it did not allege that Crapo failed to register the firearm in the district in which he resided, and did not allege that he resided in the District of Kansas, and that count 2 is insufficient in that the National Firearms Act did not impose upon him the duty to do any of the things which the second count alleged he failed to do.
18 U.S.C.A. § 556 provides "No indictment found and presented by a grand jury in any district or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant."
In Hagner v. United States, 285 U.S. 427, 431, 52 S.Ct. 417, 419, 76 L.Ed. 861, the court said:
"The rigor of old common-law rules of criminal pleading has yielded, in modern practice, to the general principle that formal defects, not prejudicial, will be disregarded. The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, `and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.'"
After verdict, every intendment must be indulged in support of the indictment. The verdict cures mere formal or technical defects, unless it is apparent that they have resulted in prejudice to the defendant.2
The gist of the offense charged in count 1 is the possession of the firearm and the failure to register the same. Residence in a particular district is not an element of the offense. It is merely a collateral fact which determines the proper place of registration. Count 1 of the indictment charged the elements which constitute the gist of the offense, namely, possession of the firearm and failure to register the same. It did not directly allege the collateral fact which determined the proper place of registration. But we think that collateral fact is implied in the allegation that Crapo failed to register the firearm in the District of Kansas, and that the omission resulted in no prejudice to Crapo.
The evidence established that Crapo was born in Stafford County, Kansas; that he lived in that state most of his life; and that he resided there in October, 1936. A residence once established is presumed to continue in the absence of countervailing evidence.3 We conclude the evidence was sufficient to sustain a finding by the jury that Crapo was a resident of Kansas during the years 1935 and 1936.
The payment of the rent by Crapo, and the fact that he went to the garage with Van Hook where the firearm was found in the automobile left in the garage were circumstances from which the jury was warranted in finding Crapo was in possession of the firearm.
It is urged that the possession of the firearm by Crapo and Van Hook was joint, and, therefore, it was incumbent upon the government to allege and prove that neither of them registered the firearm in the district in which he resided. The act requires "Every person possessing a firearm" to register the same in the district in which he resides. It follows that registration by Van Hook would not absolve Crapo from failure to register the firearm in the District of Kansas, where Crapo resided.
The second count charges Crapo with possession of a firearm which had been transferred in violation of Sections 1132b and 1132c. The statute imposes the duty on the transferor to pay the tax and to affix appropriate stamps representing the tax to the order for the firearm. That portion of count 2 which charged Crapo with the failure to pay the tax and to affix the appropriate stamps to the order may be disregarded as surplusage. The written order contemplated by the act is an order to be given by the prospective transferee to the transferor on an application form issued in blank in duplicate for that purpose by the Commissioner. Such order form is to be made up in part from information to be furnished by the transferee and part from information to be supplied by the transferor, and when completed the duty is placed upon the transferor to forward the same to the Commissioner. This is made clear by Regulation 88 issued by the Commissioner of Internal Revenue pursuant to Section 12 of the act, 26 U.S.C.A. § 1132k.
It follows, we think, that count 2 sufficiently charged the transfer of a firearm not in pursuance of the written order required by Section 1132c, supra, and the unlawful possession of such firearm by Crapo.
There was no direct proof that the firearm was transferred to Crapo not in pursuance of a written order issued by the Commissioner as required by Section 1132c. That, however, was a negative averment in count 2, the facts with respect to which were peculiarly within the knowledge of Crapo. He necessarily knew whether the firearm was transferred to him without the written order required by Section 1132c, supra. The burden of overcoming such a negative averment rested upon Crapo.4
Furthermore, Crapo by denying possession of the firearm impliedly admitted that he did not secure the same pursuant to the written order required by Section 1132c.
It is urged that error was committed in the admission of the articles other than the shotgun found in the automobile and evidence that the automobile had been stolen. The facts with respect to the other articles found in the automobile were so interwoven with the facts respecting the firearm as to constitute part of the res gestae. Furthermore, this evidence tended to show that the persons using the garage were engaged in unlawful enterprises and were likely to have acquired the firearm unlawfully and to have failed to register the same. Such a person would naturally be disinclined to furnish the identification required of the applicant by Section 1132c. Relevant and competent evidence of guilt is not rendered inadmissible because it also tends to prove that the defendant committed another offense.5
We have given careful consideration to the other errors assigned and deem them to be without merit.
1. Sec. 1132d: "(a) Within sixty days after the thirtieth day after June 26, 1934, every person possessing a firearm shall register, with the collector of the district in which he resides, the number or other mark identifying such firearm, together with his name, address, place where such firearm is usually kept, and place of business or employment, * * * Provided, That no person shall be required to register under this section with respect to any firearm acquired after the thirtieth day after June 26, 1934, and in conformity with the provisions of sections 1132 to 1132q.
"(b) Whenever on trial for a violation of section 1132e the defendant is shown to have or to have had possession of such firearm at any time after such period of sixty days without having registered as required by this section, such possession shall create a presumption that such firearm came into the possession of the defendant subsequent to the thirtieth day after June 26, 1934, but this presumption shall not be conclusive." 26 U.S.C.A. § 1132d.
Sec. 1132b: "(a) There shall be levied, collected, and paid upon firearms transferred in the continental United States a tax at the rate of $200 for each firearm, such tax to be paid by the transferor, and to be represented by appropriate stamps to be provided by the Commissioner, with the approval of the Secretary; and the stamps herein provided shall be affixed to the order for such firearm, hereinafter provided for. The tax imposed by this section shall be in addition to any import duty imposed on such firearm." 26 U.S.C.A. § 1132b(a).
Sec. 1132c: "(a) It shall be unlawful for any person to transfer a firearm except in pursuance of a written order from the person seeking to obtain such article, on an application form issued in blank in duplicate for that purpose by the Commissioner. Such order shall identify the applicant by such means of identification as may be prescribed by regulations under sections 1132 to 1132q: Provided, That, if the applicant is an individual, such identification shall include fingerprints and a photograph thereof.
"(b) The Commissioner, with the approval of the Secretary, shall cause suitable forms to be prepared for the purposes above mentioned, and shall cause the same to be distributed to collectors of internal revenue.
"(c) Every person so transferring a firearm shall set forth in each copy of such order the manufacturer's number or other mark identifying such firearm, and shall forward a copy of such order to the Commissioner. The original thereof with stamps affixed, shall be returned to the applicant.
"(d) No person shall transfer a firearm which has previously been transferred on or after the thirtieth day after June 26, 1934, unless such person, in addition to complying with subsection (c), transfers therewith the stamp-affixed order provided for in this section for each such prior transfer, in compliance with such regulations as may be prescribed under sections 1132 to 1132q for proof of payment of all taxes on such firearms.
"(e) If the transfer of a firearm is exempted from the provisions of sections 1132 to 1132q as provided in section 1132e, the person transferring such firearm shall notify the Commissioner of the name and address of the applicant, the number or other mark identifying such firearm, and the date of its transfer, and shall file with the Commissioner such documents in proof thereof as the Commissioner may by regulations prescribe." 26 U.S.C.A. § 1132c(a)-(e).
Sec. 1132e: "It shall be unlawful for any person to receive or possess any firearm which has at any time been transferred in violation of section 1132b or 1132c." 26 U.S.C.A. § 1132e.
2. King v. United States, 10 Cir., 55 F.2d 1058, 1062, 1063; Coates v. United States, 9 Cir., 59 F.2d 173, 174; Sheridan v. United States, 9 Cir., 236 F. 305, 310; Hardesty v. United States, 6 Cir., 168 F. 25, 27; Dunbar v. United States, 156 U.S. 185, 191, 192, 15 S.Ct. 325, 39 L.Ed. 390; State v. Davis, 106 Kan. 527, 188 P. 231; Whim v. State, 117 Tenn. 94, 94 S.W. 674; State v. Coleman, 158 La. 755, 104 So. 705, 706.
3. United States v. Deans, 8 Cir., 230 F. 957, 959; Mitchell v. United States, 88 U.S. 350, 21 Wall. 350, 353, 22 L.Ed. 584.
4. For analogous cases applying the rule see Goodfriend v. United States, 9 Cir., 294 F. 148, 150, Faraone v. United States, 6 Cir., 259 F. 507, 509, Giacolone v. United States, 9 Cir., 13 F.2d 108, 110, and McCurry v. United States, 9 Cir., 281 F. 532, in each of which the indictment charged defendant with possession of a still without having registered the same with the Collector of Internal Revenue, and it was held that the burden of proving registration of the still rested on the defendant, because that was a fact peculiarly within his knowledge; Montague v. United States, 9 Cir., 294 F. 277, Gee Woe v. United States, 5 Cir., 250 F. 428, and Taylor v. United States, 8 Cir., 19 F.2d 813, 816, in each of which the indictment charged failure to register as a dealer and pay the special tax as required by the Anti-Narcotic Act, 26 U.S.C.A. § 1041 et seq., and it was held that the burden of proving registration and payment of the tax rested on the defendant, because those were facts peculiarly within his knowledge, and Sauvain v. United States, 8 Cir., 31 F.2d 732, 733, and Martinez v. United States, 5 Cir., 25 F.2d 302, in each of which the indictment charged the sale, barter, or exchange of narcotic drugs not in pursuance of a written order on a form issued in blank for that purpose by the Commissioner, and it was held the burden was on the defendant to establish the existence of the written order, because that was a fact peculiarly within his knowledge.
5. Astwood v. United States, 8 Cir., 1 F.2d 639, 642; Coulston v. United States, 10 Cir., 51 F.2d 178, 180, 181; Hood v. United States, 10 Cir., 59 F.2d 153, 154, 155; Suhay v. United States, 10 Cir., 95 F.2d 890, 894; Troutman v. United States, 10 Cir., 100 F.2d 628, decided December 8, 1938; Cook v. United States, 8 Cir., 28 F.2d 730, 732; Dixon v. United States, 8 Cir., 7 F.2d 818, 820; McCormick v. United States, 8 Cir., 9 F.2d 237, 239.