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Homeless count: Experts tweak methodology this…
Homeless count: Experts tweak methodology this year, but it remains a mammoth task
The process underwent some refinement this year, but measuring a vast, mobile and diverse population in just 72 hours remains a complex and formidable task.
Blair Miller asks a man who is bedded down on a Pasadena street a list of questions as he is added to the Pasadena Homeless Count on Tuesday night, February 22, 2022. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)
By Clara Harter | charter@scng.com |
PUBLISHED: January 22, 2023 at 5:00 a.m. | UPDATED: January 29, 2023 at 11:51 a.m.
Juan Villanueva, 28, left, and Amy Villanueva, 27, study a map before they set out to count unhoused people living in Baldwin Park to assist in the Greater Los Angeles Homeless Count on Tuesday, Feb. 22, 2022. (Photo by Trevor Stamp, Contributing Photographer)
Ria Apodaca of the Pasadena Unified School District picks up supplies n preparation for next weeks count at the Housing Dept. in Pasadena on Thursday, January 19, 2023. (Photo by Keith Birmingham, Pasadena Star-News/ SCNG)
Provisions for volunteer workers in prep for next weeks count at the Housing Dept. in Pasadena on Thursday, January 19, 2023. (Photo by Keith Birmingham, Pasadena Star-News/ SCNG)
Juan Villanueva, 28, left, and Amy Villanueva, 27, stop to record data as they assist the city of Baldwin Park in counting unhoused people for the Greater Los Angeles Homeless Count on Tuesday, Feb. 22, 2022. (Photo by Trevor Stamp, Contributing Photographer)
Juan Villanueva, 28, left, and Amy Villanueva, 27, return to the Teri G. Muse Family Service Center to report back the number of unhoused people they counted living in Baldwin Park for the Greater Los Angeles Homeless Count on Tuesday, Feb. 22, 2022. (Photo by Trevor Stamp, Contributing Photographer)
Every year Los Angeles County faces the daunting task of counting its growing, ever on-the-move homeless population. While some view the count's data as a precise science, others brand it a rough guesstimate at best.
The truth each year, despite the best efforts of a massive team of experts and volunteers, likely lies somewhere in between. And, while the methodology remains largely the same, this year the Los Angeles Homeless Services Authority is using a new counting application and hiring a demographer and two data scientists in an effort to improve the count's accuracy following a missing census tract mishap in last year's count.
The point-in-time count is coordinated by LAHSA and carried out by around 5,000 volunteers who travel the sprawling county by night over a three-day period. Their tally of tents, inhabited cars or RVs and people living outdoors is then combined with data on people living in shelters, a concurrent youth-specific count and three months of surveys by a USC team to paint a picture of Los Angeles' unhoused population.
That data serves as a bellwether for how L.A. County is faring in its battle against homelessness, an application for county, state and federal funding and a map to help determine how resources should be deployed.
This year's count will begin on Tuesday, Jan. 24 in the San Fernando and San Gabriel valleys, while east and west Los Angeles will be counted on Wednesday, Jan. 25, followed by South L.A., central L.A. and the Antelope Valley on Thursday, Jan. 26.
With great consequence and political capital riding on the results, the pressure is on to get it right.
That doesn't always happen in practice.
Accusations of undercounting
When data from the 2022 Homeless Count was released last September, residents in the homeless hotspot of Venice were infuriated to see that the total number of tents, inhabited cars or RVs and people living outdoors in the Northwest corner of their neighborhood was zero.
This was no overnight miracle, but an error where no data was recorded for an entire census tract. The mistake both overshadowed and cast doubt on the exciting news that the rest of the Westside data captured – a 40% decrease in homelessness since the last count in 2020 that ran counter to the 4.1% increase seen countywide.
This error spurred L.A. City Council members to request an independent multi-year audit of the past homeless counts and a review of potential third-party vendors to complete the count in the future, in a November 2022 meeting.
"Obviously that tract has lots of people," said Patricia St. Clair, statistical analysis director for the USC Homeless Count team. "I think we should have caught that."
At a glance: L.A. County tallies its unhoused
In a sweeping annual statistical ritual that can be pivotal in shaping state and federal funding, as well as how local agencies craft their aid and outreach strategies, the Los Angeles Homeless Services Authority staged its point-in-time audit of unhoused residents this week.
Amid emergency declarations, battles over funding, increasing scrutiny of LAHSA's effectiveness and politicians facing unprecedented outrage from the public, this could be among the most important audits in the region's history.
Each year, LAHSA assembles scores of volunteer teams to conduct the survey of people experiencing homelessness — in shelters, on the streets or in vehicles — in most of the county's cities and unincorporated areas. Pasadena, Long Beach and Glendale, meanwhile, compiled their own independent surveys this week.
Among the most important reasons for conducting homeless counts is federal funding. The U.S. Department of Housing and Urban Development requires L.A. County — as well as Pasadena, Long Beach and Glendale — to conduct a survey of the homeless population to receive HUD Continuum of Care Program Competition funding.
Southern California News Group's coverage:
Sunday: The homeless count impacts complex issues that place it under an even more intense spotlight this year. They include the governor's move to connect those who lack permanent shelter with mental health services in "CARE Courts"; emergency declarations by the city of Los Angeles and L.A. County and a new, popular Los Angeles mayor who is not waiting for a honeymoon period to tackle the crisis.
Monday: While some consider the count a precise gathering of statistics, others call it a rough "guesstimate" at best; a close look at the strengths and weaknesses of the count's methodology shows that reality lies somewhere in between.
Tuesday: Gov. Newsom's CARE Court strategy aims to reinvent getting mental health care to people who need it, especially people living on the street. How will it work?
Wednesday: Mayor Bass kicks off the count.
Thursday: On the streets with the volunteer counters.
Friday: CARE Court opponents take their complaints to the California Supreme Court.
Saturday: Solutions exist but staff shortages and a dire lack of resources leave many mentally ill languishing on L.A.'s streets.
Sunday: With lessons learned and new leaders in place, LA region takes a wait-and-see approach before assessing next phase of efforts to solve homeless crisis.
Coming Monday: Volunteers say meeting the unhoused changed their thinking.
The undercount stemmed from a series of errors, St. Clair said. The volunteer for that tract was meant to submit data throughout the counting process, but instead waited until the very end to do so at which point the counting application crashed, officials said. The volunteer then did not flag anything as having gone wrong when completing an exit survey and the USC and LAHSA teams failed to question the unusual data when reviewing results.
While the Venice example is an extreme one, the count has historically received accusations of undercounting and over time various groups such as Hollywood 4WRD, RAND Corporation and neighborhood groups have decided to run their own versions of the count in targeted areas.
New strategies aim for more accuracy
Part of the problem with the count's methodology is that it was designed to meet a mandate by the U.S. Department of Housing and Urban Development to record accurate data on homelessness at the Continuum of Care (COC) level. (In the case of L.A'.s count, this means at the county level; Pasadena, Glendale and Long Beach, meanwhile, conduct their own independent counts.)
"I would say at that sort of level (the county level) probably what you're looking at is one of the more rigorous counts in the country," said Ben Henwood, USC Homeless Count team leader. "I think a lot of people rely on this for reasons other than estimating at the COC level — and that becomes a little trickier because it wasn't necessarily designed to produce neighborhood level accurate estimates."
LAHSA is well aware of the count's past mistakes and the growing call for more accurate data at the local level, said Emily Vaughn Henry, deputy chief information officer for the agency.
To that end, there will be several tweaks to this year's count.
First, LAHSA has hired its own of demographer and statisticians to review the count's data.
"The way methodology was developed and calculated, it was never meant to inform at the census tract level," said Vaughn Henry. "So the purpose of bringing a demographer and two data scientists is say 'let's see how we can start using that data to inform our council members so there's confidence and there's transparency in the data that we're putting out there."
In addition, this year's count will use a new application developed by Esri, the trend-setting mapping and data company in Redlands, which has developed programs used in more than 50 homeless counts nationwide.
The Esri application is powered by GIS mapping technology and will be able to track exactly where volunteers walk during count night even if they lose cellular data.
"You'll be able to see from our app the 'bread crumbs' all over the county, so you can get visual feedback that you've covered all of the intended areas," said Este Geraghty, Esri's chief medical officer.
This map of where volunteers walk will help LAHSA ensure every census tract is covered. In addition the application will provide updates to LAHSA every time a volunteer inputs data, Geraghty said, so that potential problems can be caught in real time.
Lastly, as a back-up measure and for volunteers without smartphones, traditional paper tracking forms will be given to everyone participating in this year's count, Vaughn Henry said.
Counting what can't be seen
Even with these new changes, the count still faces the challenge of capturing capturing data that is not visible to the immediate eye.
There are always worries that people hiding in alleys, dark spaces, bushes and other shelters will go unnoticed by volunteers. And, while the USC team of surveyors works to come up with accurate estimates on the average number of people living in tents, RVs and vehicles in each neighborhood, volunteers cannot physically see inside these structures.
"There's definitely areas where there is a little less certainty," said St. Clair. "For example, we know there's not many unsheltered families and we really depend on our surveys to find them because they don't tend to be on the street when our volunteers are out."
Over the years the USC Homeless Count team has tried to better account for these 'invisible' people and for uncertainty by altering the error calculations in their analysis, St. Clair said.
"Overall, we do the best we can and I think, given the resources that we've had, the methodology is pretty solid," she said. "There's always little tweaks and there's always some error, but overall, I think it gives us some idea of where we are."
Measuring mental illness
Another aspect of the count that is hard to measure accurately is the number of homeless individuals experiencing mental health and substance-use issues.
In the 2022 Homeless Count results, LASHA stated that 39% of people experiencing homelessness reported experiencing serious mental illness or substance abuse — a data point based on survey results carried out by USC's team in advance of the point-in-time count.
LA County homeless count to begin with huge expectations, political tailwinds
Mayor Bass tackles homelessness at conference of mayors in Washington DC
LA city council approves $50M emergency fund for Bass to use at her discretion
With Bass on hand, Judge Carter pushes 'reset' button in talks to settle LA homelessness lawsuit
Bass' Inside Safe program quickly moves almost 100 homeless off Venice streets
"I think both of these numbers are much bigger than what's being reported," said Supervisor Kathryn Barger in a statement released shortly after the 2022 results. "The California Policy Lab at UCLA, for example, found that the percentage of people experiencing mental health illness and substance abuse addiction is closer to 50%."
Dr. Coley King, director of homeless health care at Venice Family Clinic, said that — based on his decades of experience providing street medicine to unhoused individuals — he would personally estimate higher percentages.
"I would say 15 up to 20% of the folks that are outdoors right now may suffer from a type of a serious mental illness – psychosis, seasonal affective disorder, schizophrenia, Bipolar disorder – and up to 70 or 80% have anxiety, depression and symptoms of trauma," he said.
St. Clair, for her part, said she understood why some people thought the number should have been higher than 39%, but clarified that this measurement is based on the specific way the survey questions are asked.
In order to be included in that number people must answer affirmatively to experiencing mental illness and/or substance abuse and also have experienced this for a sustained period of time.
The questions are asked in this manner, St. Clair said, because people who say 'yes' to both queries meet HUD's definition of being chronically homeless, which is a data point the county is required to report annually.
Henwood pointed out that Angelenos can sometimes overestimate the prevalence of mental illness among the unhoused because it can be shocking and memorable to observe.
"I think the perception is that there are high rates of mental health and addiction issues," said Henwood. "On the other hand, that's also what people notice and so there is an observer bias."
Colopy: Why now is the right time for a proclamation on homelessness
Metro will keep removing homeless when trains get cleaned but will explore solutions
CARE Court opponents take their complaints to the California Supreme Court
Henwood also said that he recognizes many of the things that the count purports to measure can be politically inflammatory. Nevertheless, he said, the fact that the factors are mostly measured the same way, year-after-year, provides a useful reference point.
"I totally get the count can be a lightning rod, but it is an important project," he said. "It's one piece of data to help us understand homelessness, and it shouldn't be the only piece of data. But it does allow us to see trends."
Clara Harter | City Hall Reporter
Clara covers local government and politics in Torrance and Carson. She has a background in daily news coverage and long-form stories on housing policy, homelessness, mental health and drug use. Prior to joining the Daily Breeze she was a reporter for the Santa Monica Daily Press. She has a B.A. in Political Science and Middle Eastern Studies from Columbia University.
charter@scng.com
Follow Clara Harter @_ClaraHarter


Want to find out what does the word valiantly mean? We gathered all the possible definitions of the word valiantly on our website. Our definition dictionary is updated all the time with new definitions and is ready to help you.
"	Aye," says I, as valiantly as you please, "	and ready to fight another half-	dozen such rascals," but pulling the broken door open, all the same, to get out the easier, in case they returned.	- "A Set of Rogues", Frank Barrett.
I was beginning to wonder what I had done, but I valiantly tried again.	- "The Jervaise Comedy", J. D. Beresford.
We have heard how valiantly the thanes of King Alfred have fought against the invaders, and shall be glad indeed of your assistance should the Northmen, as I fear, come hither.	- "The Dragon and the Raven or, The Days of King Alfred", G. A. Henty.


Is there a way to automatically power back on after a power outage?
I leave my Nexbox T11 running Windows 10 on 24 hours a day so I can access stored files while I'm on the road. Whenever there's a power outage, I lose connection to the T11. Is there a way to make the T11 automatically boot up after power is restored (without having to push the power button on the T11)?
Mecool HM8 TV Box firmware update..
My AC Adapter has died and I need a replacement. Where can I find a replacement?
I have bought K3 Pro T2 around a month back but facing issue with Netflix. It gives me error 'ui-800-3(104001)'. I have tried resetting app, clearing cache/data, uninstalling app and restarting device/tv/router but none of these actions resolved the issue. Contacted netflix customer care but they advised that this is not a supported device.
Is there any remediation to get rid of this issue.
I set a password to restrict the child from watching YouTube.
I can't enter the password.
After I connect to the keyboard..
I can't activate it after put in the number.
What is the OK button on the keyboard?
mecool remote + interface issue.
I just bought Mecool m8s pro from GearBest. As I am new with Android tv box I try to download google chrome through back channels finding videos on YouTube. But after after I downloaded the Es file explorer which is required for downloading google chrome, so I tryed configure es explorer as per the video on YouTube. After this I couldn't go forward as my remote for I would say the whole mecool interface with remote is not working properly.
1. As per the video I was required to uncheck or turn off the recycle bin in es explorer but I was not able to do it when ever I press the center it doesn't do anything.
2. As per the video I was require to change my search engine to google and then type on the google browser, after changing the search engine to google, I couldn't press/ go to the box where we type what we want to search.
When I first turn on the box it goes through it's setup and then a message says "starting Portal". Then this message appears.
"To configure the application for your IPTV portal, open settings (from menu) and configure one or more profiles.
The box freezes and I have to pull the power plug to get rid of the message.


The data on WIKIDATA contains more info than only the triples. For a full description see Wikidata:Glossary.
Let us look at Douglas Adams (Q42) and where he is educated at (P69).
The prefix p: points not to the object, but to a statement node. This node then is the subject of other triples.
The prefix ps: within the statement node retrieves the object.
The prefix pq: within the statement node retrieves the qualifier information.
The code can be abbreviated a lot with the [ ] syntax by eliminating the variable ?statement.
The prov:wasDerivedFrom within the statement node points to a new reference node.
The prefix pr: within the reference node retrieves the reference information.
The code can be abbreviated a lot with the [ ] syntax by eliminating the variables ?statement and ?refnode.
The wikibase:rank within the statement node retrieves the rank information.
An example with different ranks is the (historcal) countries in which Berlin lied.
Compare this with the normal triples, which will select only the value(s) with the highest rank. In this case only the Preferred Rank value Germany (Q183).
or wd:Q42 p:P69 ?s. ?s ps:P69 wd:Q691283.
or wd:Q42 p:P69 [ ps:P69 wd:Q691283 ].
Rank wd:Q42 p:P69 [ wikibase:rank ?rank ].
Qualifier wd:Q42 p:P69 [ pq:P580 ?qualifier ].
Reference wd:Q42 p:P69 [ prov:wasDerivedFrom [ pr:P248 ?ref ] ].


Meyer Werft is one of the world market leaders in passenger ship construction. But Meyer Werft is also known for ro-ro ferries, gas tankers or livestock transport. The walls of a ship consist of steel plates which are stiffened with profiles. Individual profiles must be delivered just in time to the wall manufacture in the correct length, strength and form.
The manufacturing data of the profiles defined in CAD are transferred to the Unitechnilk management system, "UniWare". The management system calculates the requirement for raw materials(standard profiles) and issues the orders for them. While taking into consideration, a multitude of conditions an optimal manufacturing plan can be made from the still existing raw materials and the newly delivered material. In this connection the remaining lengths and the new profiles are welded together into lengths of 20 m, stored and then cut to the target length. The different profiles are stored in space optimising shelves by means of magnetic beams. The subsequent production obtains the prepared products from the finished profile store.
Jos. L. Meyer GmbH & Co.


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Linda Karbo
Program Director / Coach
This season marks Linda's fifteenth year coaching Michigan State University Pompon. She has been directly involved with the sport of pompon for twenty years, including four-year member and captain of her high school team, two-year member of the Mid American Pompon All Star Team, Sparkle & Shine Award recipient, and MAPP Scholarship winner. Following high school, Linda was selected to join the Mid American Pompon Staff where she served as a summer camp instructor and Co-Director of the nationally recognized All Star Team. Linda also worked for Mid American Studio as an instructor and Director of Day Camps & Special Events. Linda has been hired to judge pompon / dance competitions and tryouts throughout the state, as well as hosts many private team training sessions for a variety of programs. Linda earned a Bachelor's Degree in English from Michigan State University in 2005. In addition to coaching, Linda works for Michigan State University as Marketing Brand Manager for Residential Education and Housing Services and is currently pursuing a Masters degree from MSU in Strategic Communications.
Danielle Cowper Kurajian
This season will be Danielle's seventh year coaching Michigan State University Pompon. Danielle has been an active member of the pompon world since 2005. She was a three-year member and captain of her high school team, as well as a two-year member of the Mid American Pompon All Star Team. After high school, Danielle became a member of the Mid American Pompon Staff where she was an instructor and judging coordinator for all MAPP summer camps and regional competitions. This judging training has given Danielle many opportunities to judge competitions and tryouts at the middle school and high school level throughout the state. Danielle was also a member of the MSU Pompon team for three years. During her time on the team she also held an executive board position as Treasurer, for two years. Danielle received her Bachelor's Degree from Michigan State in 2013 in Child Development. In addition to coaching, Danielle teaches at Dolsen Elementary in South Lyon, MI, is an instructor at The Barre Code Metro Detroit, and is pursuing a Masters degree in K-12 Educational Administration. Danielle lives in Sylvan Lake with her husband Phil and pup Rizzo.

redpajama_set_name: RedPajamaCommonCrawl


text:
layout: post
date: 2022-03-13 14:00
inline: true
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New blog posted on installing Krita (or any AppImage) with desktop integration on Ubuntu 20.04. Check it out [here](https://amanabt.github.io/blog/tech/2022/03/11/installing-krita-from-appimage-ubuntu-20_04.html)

redpajama_set_name: RedPajamaGithub


Spacious room features a flat-screen TV.
Room is fitted with a work desk, an electric kettle and cable television. Comes with a window.
Room is fitted with a work desk, an electric kettle and cable television. Can accommodate up to 3 guests.
Room is fitted with a work desk, an electric kettle and cable television. Please note that room has no windows.
Rate: CNY 214.20 ... CNY 322.00; select dates below to get current rates.


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Pulpit - Salute, by Unbridled - Lane's End
Goggles-As-Whip Earns Top Oaklawn Jock $200 Fine
Thursday, February 28, 2019 at 2:57 pm | Back to: Shared News, Top News
Updated: March 1, 2019 at 9:22 am
Ricardo Santana, Jr. | Coady photo
By T. D. Thornton
Oaklawn Park's leading jockey, Ricardo Santana Jr., was on the lead in the third race Feb. 17 and half a furlong from victory aboard Rockport Kat (Rockport Harbor) when the whip accidentally slipped out of his left hand. He hand-rode the horse hard for a few strides, then snatched his goggles from atop his helmet and flailed right-handed with them in an attempt to win the $27,000 race.
The effort came up three-quarters of a length short. One week later, the Oaklawn stewards added an additional $200 sting to the defeat by hitting Santana with a fine for violating state Rule #1214, which states, in part, that no device "other than the ordinary whip, shall be possessed by any one or applied by any one to a horse at any time."
Such spontaneous use of goggles or a nylon cap cover is hardly unprecedented in United States racing, but it does not always result in a fine.
In 2015, John Velazquez got docked $300 for the same infraction in a stakes race at Saratoga Race Course. And one year and one day prior to Santana's violation, jockey David Cabrera had his wallet lightened by $200 by the Oaklawn stewards for using goggles as a substitute whip to propel a horse to victory after he too had dropped his crop. At the time, his agent told TDN the fine was worth winning a $76,000 race.
Similarly, Santana's longtime agent, Ruben Munoz, said via phone on Thursday that he also thought his jockey was just trying to be resourceful. They won't be appealing the fine, he added.
"You want to give a 100% effort. The goggles just keep the horse interested," Munoz said. "The thing is, the goggles never hit the horse, because with the length of Ricardo's arm, I don't think he can even reach down and hit the hindquarters of a horse with goggles, if you want to look at it that way. It was just something to keep the horse going, to encourage him.
Munoz said he didn't even want to discuss which object hits a horse more forcefully–a standard whip or a much smaller, lighter and flimsier pair of plastic riding goggles.
"I've seen [jockeys using goggles or a cap] a lot of times before, but it's the first time I've seen it [result in a penalty]," Munoz continued. "But I didn't question it. I didn't ask them why. I don't even go up to the stewards. I don't even think an appeal is worth it, honestly. I didn't even give it a second thought. I try to do the opposite of anything that is drama."
Santana has won every riding title at Oaklawn since 2013 and currently tops the 2019 standings in both wins and purse earnings.
"He's trying to win the race," Munoz summed up. "If you don't do that, if you don't put in the effort, then you get penalized. You know, we're in a sport that punishes excellence, so what are you going to do?"


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Insulator Upgrading Systems - INSILCURE
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The Elimination Of Maintenance
Although requiring greater initial capital, the life cycle cost of the INSILCURE system is significantly less than the undertaking of regular insulator maintenance. More importantly, the risk of flashover with the INSILCURE system is considerably lower.
With an insulator washing programme, the cleaning interval needs to be fairly short and thus numerous outages are required. If live-line washing is adopted, the danger of precipitating flashovers on the surrounding insulators owing to wetting by overspray constitutes a real danger. Uneven wetting of large diameter current transformers or surge arresters, for example, can also cause breakdown.
However, the main drawback of a washing approach is establishing the correct timing of the operation. Unless complex condition monitoring, involving some form of artificial wetting, is introduced, unseasonal rain or fog can cause unexpected flashover. Further, in areas subject to "instantaneous" pollution, e.g. conductive fog conditions, washing is totally ineffective. The upgraded INSILCURE insulator is always prepared for the unexpected climatic event and, with its inherent surface hydrophobicity, will shrug off the effects of marine salt fogs and acidic mists.
The application of silicone grease, with its water-repellent properties and ability to encapsulate contaminants, can permit a longer maintenance interval than washing. The highly labour intensive and expensive task of replacing the grease, though, makes this by far the most costly option. Add to this the associated long outages required, possible insulator flashover or damage if the layer is not renewed in time, potential health risks and environmental disposal problems, and greasing is not at all attractive.
Shed extenders, used on their own, can serve to increase the creepage distance and/or improve the insulator profile but in-depth knowledge of insulator design is required to ensure their correct application. The main disadvantage of extenders is that the different surface properties of the ceramic insulator and the polymer extender can create severe voltage distortions resulting in partial discharges and flashover. With the INSILCURE system, uniform surface characteristics are realised.
The INSILCURE system represents a permanent pollution flashover solution for substations, eliminating the unreliability and limited effectiveness of washing programmes and the extremely high economical and environmental costs of greasing.
The INSILCURE system identifies the "weak links" in the yard and elevates the quality of all the insulators to an acceptable standard.
The INSILCURE system provides the insulators with a uniform and highly hydrophobic surface characteristic preventing flashovers induced by both pre-deposited pollution layers and instantaneous conductive fog contamination.


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My Story: John Sambrooks
itiqld July 6, 2017 History 0
John Sambrooks
John (Sambo) was born and bred and grew up in Brisbane. He went to school at Grovelly (a northern suburb of Brisbane) and played league with the school and in 1959 was one of the initial players for the newly formed West Mitchelton team.
After school he started work at the now gone Arnotts/Morrows biscuit factory (which was on the corner of Coronation Drive and Boomerang St in Milton). Morrows started making biscuits and confectionary back in 1875 and in its day was one of the largest confectioner and biscuit manufacturing firms in Queensland. Morrows were the first firm in Australia to make "jelly-beans" which up to that time had been imported and was also the only firm in Australia making Christmas bon-bons.
In the 1960's it was consolidated into the Arnotts team and for years was known as Arnotts/Morrows. It finally went to make way for the "Go-Between" bridge.
Sambo lasted there for 1 year, one of his tasks was to monitor the huge conveyor belt that fed the biscuits into the baking ovens. The belt was pretty old and would occasionally wander off the rollers, so a "belt watcher" would monitor the rollers and if and when necessary make adjustments to keep the belt on the straight and narrow. One day Sambo had been monitoring the belt from end to end and as it was working perfectly, he thought he would "nick off" for a few minutes to grab a coffee. When he got back he found the belt had run off the rollers and was busily dumping tons of biscuits onto the dusty old floor. He was called into the office and given an immediate DCM.
After Arnotts he went to MetalCraft and began a sheet metal worker apprenticeship. MetalCraft manufactured commercial refrigeration cabinets for industry and after 4 years as a Bratt and a 1 year indenture to the firm, he got his tickets. In 1964 his marble was pulled from the barrel and it looked like he was off to the Army as a Nasho, but, as he was in his last year of an apprenticeship, his enlistment was deferred. In 1965, now as a tradesman and not wanting to walk when you can fly, he applied to join the RAAF as a metal worker. He was taken to Amberley to undergo a trade test which he passed and was told he would be on the next intake in Jan 1967.
In Jan 1967 it was off to Edinburgh for Rookies, after which he was posted to 34Sqn at Canberra. At that stage he had never worked on aircraft and found the work was completely different to what he had been doing, luckily he had a sympathetic mate from 5Sqn who took him under his wing and got him up to speed. While there he played league for the RAAF and was in the grand final team that lost to Bungendore 5:3.
A funny thing happened at the end of the game, tradition had it that grand final teams swapped guernseys after the final bell, which they all did, but back in the change rooms Mr RAAF wanted the guernseys back as, under the RAAF's equipo rules, their life had not expired and every member of the team had to pay a nominal amount to cover the costs.
One night, at about 7.00pm, he and 7 others, 4 of whom were girls, climbed into a mate's Datsun Bluebird (designed to carry 4), armed with several cartons of Toohey's finest and headed off into town for a party. While approaching Mach 2 along the two lane Canberra Avenue, the driver started to swerve in and out of traffic, causing Newton's law to assert itself. The C of G of the poor little Datto was way out of kilter and it lurched into 7 end to end rolls from which Sambo suffered a broken left leg. One of the girls was hysterical over a broken finger nail and the others had only minor abrasions – what do they say about limp falling??
After 18 months at Canberra he was posted to 1BOCU (Bomber Operational Conversion Unit) at Amberley to work on the Canberras – at which unit he became proficient in his trade. 34Sqn was a VIP passenger carrying squadron and its aircraft always flew straight and narrow and did not suffer a lot of damage – consequently there was not a lot for a metal basher to do. The Canberras were a different story, they were tossed around the sky by fit and healthy young blokes and occasionally needed the healing hands of a metal basher. He stayed at Amberley for 18 months, and was then selected for a posting to Vietnam. Initially the posting was to 2Sqn, which would have been sensible as it had Canberras, but for reasons unknown, at the last minute the posting was changed to 35Sqn in Vung Tau – which had Caribous. He arrived in Vungers in June 1969, (as part of the A team) and not surprisingly, had never seen a Caribou beforehand. Luckily for a metal basher, the Caribou was just an aeroplane made from a heap of straight square panels all riveted together with two big engines stuck on it so with a bit of help from Wally Jones and Col Peterson it wasn't long before he got the hang of the aircraft.
Sambo (left) with Wally Jones and GPCAPT McKimm, the OC RAAF Vietnam.
Sambo's brother Les, who had joined the Army many years earlier and who he hadn't seen for some time (and incidentally who had been instrumental in Sambo joining the RAAF), was also in Vietnam at that time. Les was an engineer and was stationed at Nui Dat. He rang Sambo and they made arrangements to meet in Vungers the following weekend and although there was an age difference (he was 15 years older) and there had not been a lot of contact over the years, they hit it off and became good mates.
One of Les's responsibilities, he was a Sergeant at the time, was to maintain the movie theatre and bridge at Briara (not far from Nui Dat) which the Viet Cong would mortar regularly and which Les would repair regularly. Les would tell Sambo that the Viet Cong would not inflict a lot of damage on either the theatre or the bridge and it turned into a "sort of" game. They would bash it and Les would fix it.
After Vietnam, Les was posted to PNG where he was involved in repairing and building roads. At one time he found a crashed Japanese Zero which had been shot down into the dense tropical jungle and which still had the skeletal remains of the Japanese Pilot.
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One afternoon, while Sambo was in Vung Tau, one of the Caribous returned to base after having an altercation with what can only be described as a high flying "tree". The story goes that during its take-off roll, the aircraft "slipped" on the wet and muddy PSP and failed to clear a strategically placed tree a short distance from the runway threshold. Investigations later found that Vietnamese trees are actually made from marine ply which is obviously why the local fisherman use these trees to build their sampans. Sambo and Col Peterson worked through the night and about 4.00am next morning, had stitched up the unprotected belly of the aircraft and had it back on the line.
Another time one of the 7 Caribous on line suffered some damage to its side door which required it to be removed for repairs. Sambo asked one of the framies (a Sgt – no names, no pack-drill) to get the door off so it could be taken back to metal basher castle for some TLC. The framie suggested Sambo just pull the handle situated at the rear of the aircraft as (he said) that released the door. An argument ensued, Sambo telling the framie that he was sure that handle was to drop the cargo door not the small entry door. The out-ranking framie got hot under the collar, leapt into the aircraft and gave the handle a mighty tug after which the cargo door very noisily parted company with the aircraft and plummeted to the ground. Luckily no one was under the door at the time.
Immediately the aircraft and the errant door were surrounded by the amused squadron personnel, most of whom were laughing uncontrollably. After things cooled down, the door was taken into the metal shop for repairs and then refitted with some difficulty as it had twisted and didn't go back without a fight.
The squadron personnel would do the A, C and D services on the aircraft, but the E (major) service was done in Malaysia. These flights were a good opportunity to take some of the troops out of Vietnam for a few days and Sambo managed to have himself included on the manifest for one such flight. On arrival at Butterworth, he and a few of his mates caught the ferry and headed straight for the shopping mecca on Penang Island where they hired a car and toured the island. One point of interest was the rail journey to Penang Hill. This railway was opened in October 1923 and required passengers to change trains half way up where they boarded the cable driven cars. The top section was a funicular railway where a cable is attached to a pair of carriages, one of which goes up while the other goes down – counter-balancing each other. The railway was opened to the public in October back in 1923 and continued to serve the public until 1977 when new air-conditioned cars were introduced which now take passengers from bottom all the way to the top.
Back in Penang, apart from buying the SLR camera and stereo, as a joke he ordered 3 pairs of slacks, one green, one blue and one red. Not intending to ever pick them up, he only paid a small deposit, then a few days later boarded the Caribou for the exciting return trip to Vung Tau. What he didn't count on was the tailor being a super sleuth as he somehow managed to trace Sambo back to Vungers whereby he had to pay the balance and take possession of the strides which he wore for some years after.
He also went on a 7 day R and R trip to Taipai, the cheap man's Hong Kong. He went over and back via PanAm and came back armed with a new set of Wilson golf clubs which he was able to use for many years back in Oz, then sell for better than he paid for them. He also found time to scientifically check out quite a few of the local bars.
On return to Australia he was posted to 2FTS in Pearce to work on the Macchi where he was put to work carrying out a lot of mods. After about 4 months, a metal basher at Amberley wanted an exchange posting to Pearce to be with his sick father. Sambo exchanged with him and ended up at 3AD. During his time in Perth, he had bought a red 128 Fiat which he drove over the Nullarbor to Amberley, carrying another bod who had also been posted to Amberley. With mileage, subsistence and other expenses paid by the RAAF he ended up with a nice little profit.
Back at Amberley he was, once again, working on the Canberras and also the Iroquois as these aircraft were being repatriated from Vietnam. Some of these aircraft were sent to 3AD for major servicing before being put back on the line in Australia. The Iroquois required their work decks to be replaced and Sambo found his days were tied up repairing these aircraft.
He was married in 1972, while still in the RAAF and they had one daughter who was born in 1975. Sadly he divorced later that year and ended up with full custody of the daughter who he raised as a sole parent and who has since presented him with two lovely grand kids.
After his RAAF time, he bought a taxi licence (in 1988) and got to know most of Brisbane's streets and short cuts, the whereabouts of all the public toilets, where to get a good coffee late at night and where to get a good cheap meal. He sold the license in 1992 and although he didn't make a lot of money on the sale, he reckons he lived pretty well when he had it.
About 15 years ago, but who's counting, he met the lovely Andrea who instantly swept him off his feet – and they've been together ever since.
Then, a chance encounter with his nephew led to him becoming involved with the Arana Hills Football Club. At first he would just help out in minor ways but gradually his involvement grew and it wasn't long before he was the manager of the teams and on the board of the Arana Leagues (Social) Club – a position he held for 11 years. During his stewardship, he was responsible for raising a considerable sum of money for the juniors.
It was about this time that he commenced "negotiations" with the DVA for increased compensation for injuries he had suffered in Vietnam. He had been on a 10% disability pension as a result of a "bung" knee and after a lengthy battle and a lot of help from the Veterans Support and Advocacy Service at Toowong, the pension was upgraded to TPI rate.
Some years ago, John Webster, who was the Secretary/Treasurer of the RTFV-35 Sqn Association, decided he needed a tree change and moved south to the ACT. The Association was looking for a replacement and Sambo forgot to take a step backwards with everyone else. He has been the enthusiastic Secretary/Treasurer boss ever since and says one of the "perks" of the job has been the re-connecting with old mates he first met in Vung Tau.
Today, rapidly approaching the magic age of 70 years, he takes things a bit slower, he's still a keen golfer and enjoys a game or two each week and finds (and enjoys) the RTFV-35 Sqn duties keep him well and truly occupied.
John Sambrooks My Story RTFV 35SQN
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The temptations of Scott Brown
By MANU RAJU & CARRIE BUDOFF BROWN, Politico
When Massachusetts Republican Scott Brown addressed supporters after his upset victory in January, he declared there would be "no more closed-door meetings or back-room deals by an out-of-touch party leadership."
Some would argue that's exactly what he just did in the final push on Wall Street reform.
After private talks with Treasury Secretary Timothy Geithner, Senate Banking Committee Chairman Chris Dodd and other top Democrats, Brown scored a series of exemptions from the "Volcker rule" — which would bar certain forms of proprietary trading — a provision pushed by big Massachusetts banks and financial firms, including State Street Corp. and Mass Mutual.
Brown could still oppose the House-Senate compromise because of the surprise addition of a $19 billion tax on large financial institutions, saying he "cannot support any bill that raises taxes."
But as the most sweeping financial reform since the Great Depression heads for final passage in Congress, it's clear that Brown — who won the seat held by the late Sen. Ted Kennedy in part by capitalizing on public anger surrounding the deal making on health care reform — has quickly become skilled in the ways of Washington.
Brown insists the changes he sought that would benefit Massachusetts firms were also national in scope, so they would not amount to a carve-out for a special interest back home.
More than a few of his colleagues grumbled at the freshman Republican's outsize influence over the final stages of the financial reform talks. And several suggested that Brown's deal making wasn't very different from what Republicans had lampooned during the health care debate.
Sen. Saxby Chambliss (R-Ga.) said Brown "is doing his best to look out for his constituents," but he said it would be a slippery slope if the final language made an exception to benefit the newly elected Republican.
"Certainly, if you go to carving out one, who are you going to leave out? Why isn't everyone else entitled to it?" Chambliss said. "That was the issue with health care and very well could be an issue here — I don't know."
In a brief interview, Brown took exception to the suggestion that he is engaged in the kind of closed-door horse-trading that he campaigned so vigorously against.
"There's been full transparency," Brown told POLITICO. "Everybody knows what's going on. It doesn't affect just Massachusetts; it affects the entire country and the financial services. To try to link them is inappropriate."
Read more: http://www.politico.com/news/stories/0610/39083.html#ixzz0s9KoiLQR


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text:
15-Year-Old Denied Heart Transplant
'NON-COMPLIANCE'
Updated Apr. 20, 2017 5:47PM ET / Published Aug. 13, 2013 12:13PM ET
Moses Robinson/Getty
Fifteen-year-old Anthony Stokes's family says he's been unfairly denied a lifesaving heart transplant because of his failure to keep up with his medicine and doctor's appointments. While the Children's Healthcare of Atlanta hospital has declined to comment on Stokes's case, it explained via a statement: "We follow a very specific criteria in determining eligibility for a transplant of any kind." Stokes's family friends have said they think the "non-compliance" excuse is nonsense, pointing to his bad grades and past run-ins with the law as the real reason why "they don't want to give him a heart." Yet, as the president of the American Heart Association has pointed out, an ability to keep up with medication is a vital requirement for a heart transplant. "You have to follow a very strict regimen," she said. "Hearts are very scarce resources."
Read it at Reuters


Here to share. All that I have found and think it's awesome. Books, places, biographies, inventions, movies, music, websites and ideas. Ofcourse with my take on it including some fresh ideas that spring in my mind. Some random conclusions and opinions about things around us in form of either colours and pencil/brush strokes or a compilation of words. My blog archives. My deviantART profile.
The Quëst – an intra personal critique on Facebook.


text:
Metabolic Depression in Cunner (Tautogolabrus adspersus) Is Influenced by Ontogeny, and Enhances Thermal Tolerance
Gamperl, A. Kurt and Kelly, Nick L. and Alzaid, Abdullah and Nash, Gordon W. (2014) Metabolic Depression in Cunner (Tautogolabrus adspersus) Is Influenced by Ontogeny, and Enhances Thermal Tolerance. PLoS ONE, 9 (12). ISSN 1932-6203
[English] PDF - Published Version
Official URL: http://dx.doi.org/10.1371/journal.pone.0114765
To examine the effect of ontogeny on metabolic depression in the cunner (Tautogolabrus adspersus), and to understand how ontogeny and the ability to metabolically depress influence this species' upper thermal tolerance: 1) the metabolic rate of 9°C-acclimated cunner of three size classes [0.2–0.5 g, young of the year (YOY); 3–6 g, small; and 80–120 g, large (adult)] was measured during a 2°C per day decrease in temperature; and 2) the metabolic response of the same three size classes of cunner to an acute thermal challenge [2°C h−1 from 10°C until Critical Thermal Maximum, CTMax] was examined, and compared to that of the Atlantic cod (Gadus morhua). The onset-temperature for metabolic depression in cunner increased with body size, i.e. from 5°C in YOY cunner to 7°C in adults. In contrast, the extent of metabolic depression was ∼80% (Q10 = ∼15) for YOY fish, ∼65% (Q10 = ∼8) for small fish and ∼55% (Q10 = ∼5) for adults, and this resulted in the metabolic scaling exponent (b) gradually increasing from 0.84 to 0.92 between 9°C to 1°C. All size classes of cunner had significantly (approximately 60%) lower routine metabolic rates at 10°C than Atlantic cod. However, there was no species' difference in the temperature-induced maximum metabolic rate, and this resulted in factorial metabolic scope values that were more than two-fold greater for cunner, and CTMax values that were 6–9°C higher (∼21 vs. 28°C). These results: 1) show that ontogeny influences the temperature of initiation and the extent of metabolic depression in cunner, but not O2 consumption when in a hypometabolic state; and 2) suggest that the evolution of cold-induced metabolic depression in this northern wrasse species has not resulted in a trade-off with upper thermal tolerance, but instead, an enhancement of this species' metabolic plasticity.
http://research.library.mun.ca/id/eprint/11776
Memorial University Open Access Author's Fund
Science, Faculty of > Ocean Sciences


text:
SHOWBIZ NATION LIVE! RADIO BROADCAST
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Broadway In Chicago Announces WAYNE BRADY Joining HAMILTON Chicago Company as Aaron Burr
January 9, 2017 Michael J. Roberts
Producer Jeffrey Seller and Broadway In Chicago are thrilled to announce five time Emmy Award winner and Grammy nominee, WAYNE BRADY will join the Chicago company of HAMILTON as Aaron Burr for a limited engagement Tuesday, January 17 thru Sunday, April 9 at The PrivateBank Theatre in Chicago.After getting his big break on first the British, then the ABC version of "Whose Line Is It Anyway?," Brady's name became synonymous with off-the-cuff brilliance. He went on to star and produce both a highly rated summer sketch show and Emmy winning talk show for ABC and then joined forces with Dave Chappell creating the now classic "Training Day" sketch, showing audiences both sides of his comedic skill and depth as an actor.
Brady returned to his theatrical roots with a successful Broadway debut as Billy Flynn in Chicago, and a slew of television roles guest starring on "30 Rock," "Everybody Loves Chris," "Dirt," as well as recurring on "How I Met Your Mother," and hosted "Don't Forget the Lyrics. His film work includes the feature films "Crossover," "The List," (a romantic comedy with Sydney Tamiia Poitier), and most recently "1982" from director Tommy Oliver.
This past year he's performed live on his sold out world tour "Makin' Sh*t Up," started on the new Sci-Fi series "Aftermath," was welcomed back to Broadway and received rave reviews starring as Lola in the Tony Award® winning production of Kinky Boots, while lending his vocal talents to both Disney's animated series "Sophia the First," and Nickelodeon's "Loud House."
He will return for his 8th season as the host of CBS's "Let's Make A Deal," as well as the 5th new season of "Who's Line Is it Anyway" on the CW this year.
Mr Brady will join ARI AFSAR as Eliza Hamilton; MIGUEL CERVANTES as Alexander Hamilton; ALEXANDER GEMIGNANI as King George III, CHRIS DE'SEAN LEE as Marquis de Lafayette/Thomas Jefferson; JOSEPH MORALES as Mr. Cervantes' alternate; KAREN OLIVO as Angelica Schuyler, JOSÈ RAMOS as John Laurens/Phillip Hamilton; WALLACE SMITH as Hercules Mulligan/James Madison, and SAMANTHA MARIE WARE as Peggy Schuyler/Maria Reynolds.
The Chicago company also includes SAM ABERMAN, JOSÈ AMOR, AMBER ARDOLINO, REMMIE BOURGEOIS, CHLOË CAMPBELL, YOSSI CHAIKIN, CARL CLEMONS-HOPKINS, JOHN MICHAEL FIUMARA, JEAN GODSEND FLORADIN, AARON GORDON, JIN HA, HOLLY JAMES, MALIK SHABAZZ KITCHEN, COLBY LEWIS, DASHÌ MITCHELL, JUSTICE MOORE, SAMANTHA POLLINO, GABRIELLA SORRENTINO, ROBERT WALTERS and AUBIN WISE.
With book, music and lyrics by Lin-Manuel Miranda, direction by Thomas Kail, choreography by Andy Blankenbuehler and musical supervision and orchestrations by Alex Lacamoire, HAMILTON is based on Ron Chernow's biography of Founding Father Alexander Hamilton. The musical won eleven 2016 Tony Awards ®including Best Musical, Score, Book of a Musical, Direction of a Musical, Choreography and Orchestrations. Mr. Miranda received the Pulitzer Prize for Drama for HAMILTON.
HAMILTON is the story of America's Founding Father Alexander Hamilton, an immigrant from the West Indies who became George Washington's right-hand man during the Revolutionary War and was the new nation's first Treasury Secretary. Featuring a score that blends hip-hop, jazz, blues, rap, R&B, and Broadway,HAMILTON is the story of America then, as told by America now.
HAMILTON's creative team previously collaborated on the 2008 Tony Award ® Winning Best Musical IN THE HEIGHTS.
HAMILTON features scenic design by David Korins, costume design by Paul Tazewell, lighting design by Howell Binkley, sound design by Nevin Steinberg, hair and wig design by Charles G. LaPointe, and casting by Telsey + Company, Bethany Knox, CSA.
The HAMILTON Original Broadway Cast Recording – recipient of the 2016 Grammy for Best Musical Theatre Album and a regular on numerous Billboard top 10 lists – is available everywhere nationwide.
HAMILTON: The Revolution, Lin-Manuel Miranda and Jeremy McCarter's book about the making of the musical, is on sale and has been a selection on The New York Times Best Seller List.
The musical is currently playing on Broadway at the Richard Rodgers Theatre. A touring production begins a 21-week run in San Francisco in March 2017, followed by a 21-week engagement in Los Angeles. A London production will also be mounted this year.
For information on HAMILTON, visit www.HamiltonOnBroadway.com, www.Facebook.com/HamiltonMusical, www.Instagram.com/HamiltonMusical and www.Twitter.com/HamiltonMusical.
ABOUT BROADWAY IN CHICAGO
Broadway In Chicago was created in July 2000 and over the past 17 years has grown to be one of the largest commercial touring homes in the country. A Nederlander Presentation, Broadway In Chicago lights up the Chicago Theater District entertaining well up to 1.7 million people annually in five theatres. Broadway In Chicago presents a full range of entertainment, including musicals and plays, on the stages of five of the finest theatres in Chicago's Loop including The PrivateBank Theatre, Oriental Theatre, Cadillac Palace Theatre, and just off the Magnificent Mile, the Broadway Playhouse at Water Tower Place and presenting Broadway shows at The Auditorium Theatre of Roosevelt University.
For more information and performance schedule, visitwww.BroadwayInChicago.com.
Facebook @BroadwayInChicago ● Twitter @broadwaychicago ● Instagram@broadwayinchicago ● #broadwayinchicago
Broadway In Chicago Announces Daniel Breaker joining HAMILTON Chicago Company as Aaron Burr
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text:
Panasonic Shows Off An "Invisible TV" That Becomes Transparent When Turned Off
Short Bytes: Panasonic has unveiled the improved version of its invisible TV. The newer, brighter, crispier display turns completely transparent when turned off. Panasonic showed off how this TV can perform the role of a glass panel of a cabinet. This TV won't be available to buy for another three years or so, according to company representatives.
Just when people started to claim that with the arrival of 4K displays, there won't be any prominent advancement in the field of television, big players like Samsung, Panasonic, and LG, started teasing pathbreaking technologies like foldable and transparent displays.
Earlier this year at CES, Panasonic showed off its futuristic television that became a transparent glass when turned off. Similar technology was showed off by Samsung at Hong Kong Convention and Exhibition Centre. Last week Panasonic showed off an improved version of its older invisible TV at Combined Exhibition of Advanced Technologies in Japan.
Panasonic's engineers have worked hard to make sure that the newer display looks as good as the other televisions in the market. While the previous screen was LED, the new screen has been upgraded to a new OLED display. This will let you see clearer and brighter images even against a bright background.
This screen is made from a thin mesh embedded in a glass panel. One can even slide the panel, just like a cabinet panel. The OLED displays put a fine plastic layer between two electrodes over a glass slab. So, when there's no electric signal, the display looks transparent.
This futuristic technology is the latest sci-fi technology that has turned into a reality. Similar transparent displays have been a part of movies likes Avengers and Minority Report.
According to the company representatives, the consumers would have to wait for another 3 years before being able to buy this invisible TV.
https://www.youtube.com/watch?v=XvTlQjiHflI
Did you find this article interesting? Don't forget to drop your feedback in the comments section below.
Also Read: Xiaomi Redmi Pro Review — Budget Smartphone With Dual Camera, OLED Display


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text:
United States v. Springfield
Scherk v. United States
The personal recollection of the judge who heard the proceedings is something which the Court may take into…
Halliday v. United States
In spite of some remarks in certain cases about the judge's personal recollections we cannot believe that,…
Full title:UNITED STATES of America, Plaintiff, v. Francis B. SPRINGFIELD and Frank…
Court:United States District Court, N.D. California, S.D
Date published: Nov 6, 1959
178 F. Supp. 347 (N.D. Cal. 1959)
United States District Court, N.D. California, S.D
OLIVER J. CARTER, District Judge.
The defendants have filed a motion to vacate and set aside judgment under the provisions of Title 28 U.S.C. § 2255, an affidavit and motion to proceed in forma pauperis, a motion for the appointment of counsel, and a notice of intent to appeal.
The motion to vacate and set aside judgment sets forth the grounds upon which the defendants seek to have their sentences set aside, and upon which all of the other motions and papers in this proceeding depend. In sum and substance, the motion sets forth two grounds: (1) the defendants were found guilty of a conspiracy to violate the narcotic laws, and that they were convicted upon evidence which was obtained by unlawful search and seizure, and (2) the defendants were denied the assistance of counsel as guaranteed by the Sixth Amendment in that their retained counsel gave them ineffective representation due to the fact that he failed to make a motion to suppress evidence prior to the trial under Rule 41(e) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., and, in lieu of this, objected to the admissibility of the evidence at the time of the trial.
The records of this Court show that the case was tried before the Court without a jury, that the defendants were represented by retained counsel, and that no appeal was taken from the judgment of conviction.
As to the first ground, the case falls squarely within the rule laid down in the recent case of Eberhart v. United States, 9 Cir., 1958, 262 F.2d 421, in which the court said:
"Petitioner presents three contentions in the present proceedings. The first one is that the Government used evidence (the narcotics and money) obtained by an illegal search and seizure.
"Assuming for the moment, that the money or the narcotics used as evidence was obtained illegally, this contention should have been urged at the trial and on appeal and cannot be used in a habeas corpus or § 2255 proceeding. Price v. Johnston, 9 Cir., 125 F.2d 806, certiorari denied 316 U.S. 677, 62 S.Ct. 1106, 86 L.Ed. 1750; Barber v. United States, 10 Cir., 197 F.2d 815; United States v. Scales, 7 Cir., 249 F.2d 368. The reception of illegally obtained evidence would be trial error which should be challenged on appeal if known by the defendant during the trial." ( 262 F.2d at page 422)
The records of the case show that a motion to suppress the challenged evidence was made at the time of trial and denied, and there is nothing in part (1) of the proposed motion to vacate which was not raised at the trial. As to this ground, it is obvious that the defendants are seeking to substitute a proceeding under § 2255 for the appellate process. This they cannot do.
Defendant Frank W. Lawrence filed a motion to vacate and set aside sentence under the provisions of § 2255 on January 19, 1959. The essence of this prior motion to vacate and set aside sentence was that defendant was convicted upon evidence which was obtained by unlawful search and seizure, i.e. the same ground as the first ground alleged in the present petition on behalf of both Springfield and Lawrence. On January 22, 1959 the district court dismissed the motion to vacate and set aside sentence. He appealed to the Court of Appeals for the Ninth Circuit. (Undocketed Misc. 844) The appeal was ordered dismissed as frivolous on May 4, 1959.
As the second ground for their motion to vacate and set aside judgment, the defendants are in substance alleging that they did not have the assistance of counsel guaranteed by the Sixth Amendment, in that they had ineffective representation by counsel. It is their contention that they did not have effective assistance of counsel because their counsel was in collusion with the prosecuting attorney and "did not want to protect the rights of his clients." They allege that his failure to make a motion to suppress evidence prior to the trial under Rule 41(e) of the Federal Rules of Criminal Procedure denied them the effective assistance of counsel. The basic problem before the Court in this regard is the question of whether or not there is such a genuine issue of material fact raised that it cannot be resolved without a hearing, followed by findings of fact and conclusions of law. The Court will first consider the cases concerned with the law in regard to effective assistance of counsel. Next in order, it will consider the cases dealing with the requirement of a hearing in connection with this issue.
In United States v. Butler, D.C., 167 F. Supp. 102, 105 (affirmed by the Fourth Circuit in 1958 in 260 F.2d 574), Judge Hoffman set forth the law regarding Rule 41(e) as follows:
"While it may be the better practice for counsel to avail themselves of opportunities afforded by an advance motion to suppress evidence where a jury is hearing the case, the failure to do so cannot be asserted as grounds for relying upon ineffective representation of counsel * * *. Perhaps an abler attorney would have raised the point at an earlier stage of the testimony, but if there is merit to petitioner's contention on this point, it would open the avenue of freedom to all defendants in criminal cases who have been subjected to evidence being introduced and thereafter excluded by instructions of the court. It would, in effect, preclude action by a court in excluding improperly admitted evidence."
At page 106 of 167 F. Supp. he further stated:
"In a proceeding to vacate a sentence under 28 U.S.C.A. § 2255, the petitioner must carry the burden of proof. By alleging ineffective representation of counsel, it is incumbent upon petitioner to show not only the type of representation, but also at which point such representation violated the provisions of the Constitution. The Sixth Amendment requiring that the accused shall have assistance of counsel does not mean that constitutional rights of an accused are impaired by mistakes of counsel, and petitioner must show that the proceedings were, in substance, a farce and a mockery of justice. (Citing cases) Undoubtedly there must be `effective' representation and negligence of an attorney may be one factor pointing to the violation of constitutional rights, but in the instant proceeding there exists, at the most, a lack of judgment in not registering a more timely objection. The attorney employed by petitioner has had fourteen years of experience in the field of criminal law. Unless his conduct during the trial was such as to impose a duty upon the Court to intercede in petitioner's behalf under the belief that the proceedings were being converted into a mockery of justice, the petitioner cannot complain that his constitutional rights have been violated."
Although it appears that a hearing was held under § 2255, it would seem that the above excerpts from the Butler case are applicable to the instant case. The fact that counsel for petitioners failed to make a motion to suppress evidence prior to the trial under Rule 41(e), might constitute negligence on his part in light of the outcome of the case. However, this would seem to be, at most, a lack of judgment in not registering a more timely objection, and not such a substantial error as to make a farce or mockery of justice.
Counsel for the petitioners objected strenuously to the admission of the evidence at the trial. Therefore, the issue was fully raised and ruled on by the trial judge. The petitioners cannot complain of the actions of their attorney merely because some other attorney would have adopted different trial tactics.
In the case of Sanchez v. United States, 1 Cir., 1958, 256 F.2d 73, at page 75, Judge Magruder, in dealing with an attack upon the competency of counsel said:
"These attacks upon the competency of counsel are not received with much sympathy by the courts. (Citing cases) Certainly the judge who presided at the trial, and thus was perfectly well aware of the services rendered by court-appointed counsel, had no obligation to call a hearing on the defendant's § 2255 motion, in order to waste time while the defendant undertook to make specific his vague general allegations of counsel's inadequacy." (Emphasis added.)
In the present case we have only the vague general allegations of ineffective assistance of counsel. Petitioners allege conclusions that their attorney was guilty of fraud and misrepresentation and that there was a conspiracy between their attorney and the government. No facts are alleged which would support such conclusions.
In the case of Jones v. United States, 1957, 103 U.S.App.D.C. 326, 258 F.2d 420 the District Court had denied a motion to vacate under § 2255 without holding a hearing. On appeal, the Circuit Court affirmed, saying at page 422 of 258 F.2d:
"To sustain his allegation of incompetence on the part of his attorney, it is necessary that appellant allege facts which substantiate his claim. He alleges no facts except that his attorney failed to make a motion to suppress the narcotics as evidence. This lone fact is not sufficient to require a hearing." (Emphasis added.)
In the Sanchez case the claim of ineffective assistance of counsel was based upon the fact that counsel did not put the defendant on the stand during the trial. In the Jones case the claim was based on the fact that counsel failed to make a motion to suppress. In both cases the alleged acts or omissions were merely matters of trial tactics which the counsel should have complete control over without worrying that his choice of tactics will lead to a § 2255 proceeding attacking his judgment as ineffective assistance of counsel.
In the Ninth Circuit we have the case of Smith v. United States, 1958, 259 F.2d 125, in which the court held that on the motion to vacate judgment of conviction and sentence, allegations of the petition were sufficient to require a hearing on contention of defendant that he was not adequately represented by court appointed counsel.
The allegations in the Smith case were to the effect that he was denied adequate or effective representation by counsel in that his court appointed attorney was unfamiliar with federal criminal procedure and practice, without experience in criminal proceedings, and that the attorney failed to make effective or adequate investigation of the case and failed to present to the court the question of petitioner's sanity at the time of the trial.
The Smith case is distinguishable from the present case in that counsel for petitioners in the present case was a very capable, experienced attorney who was quite familiar with federal practice. The only allegation of ineffective assistance of counsel was that he failed to make a motion to suppress under Criminal Rule 41(e).
In the course of the opinion in the Smith case, at page 126, Judge Pope said:
"Of course upon trial of this issue the court could properly take into consideration not only testimony then offered as to the character of representation given the petitioner, but could also rely upon the court's own recollection of what transpired at the trial."
This opinion certainly seems indicative of the fact that, in the Ninth Circuit, at least, the judge may take into consideration his own recollection of what occurred at the trial. Although this case had reference to what may be taken into consideration on a hearing, it would seem arguable that the judge could take cognizance of such occurrences which he has observed at the trial in determining whether or not a hearing should be granted under § 2255.
Conceding the fact that the case law in all the circuits seems to be in accord with the proposition that genuine issues of material fact, raised in a proceeding under § 2255, cannot be resolved without a hearing, followed by findings of fact and conclusions of law, the real problem we are faced with here is whether petitioners raise any genuine issue of material fact. It is the Court's opinion that they do not. The only material allegation of fact in the entire petition is that their attorney failed to make a motion to suppress the evidence under Criminal Rule 41(e). Nevertheless, the petition alleges that this issue was raised during the trial, by objection to the admissibility of the letter in evidence, and was ruled on by the trial judge.
In conformity with the overwhelming weight of authority, the fact that counsel chose to raise the issue at the trial rather than prior to trial, is a matter of trial tactics within the discretion of counsel, and does not present a genuine issue of material fact which should be considered under the claim that defendants have been denied the effective assistance of counsel as guaranteed by the Sixth Amendment.
In sum and substance, defendants are only using the ruse of asserting ineffective assistance of counsel to get back to the point that the letter was erroneously admitted into evidence. If this is what defendants are in fact trying to do, the proper procedure to accomplish this is by an appeal, and not a motion under § 2255. Section 2255 cannot be used as a substitute for the appellate process.
Since the motion to vacate is without merit and raises no question which can be adjudicated under § 2255 the motion and proceedings should be dismissed, and it is unnecessary to consider the motion to proceed in forma pauperis and the motion for appointment of counsel.
It is therefore ordered that the motion to vacate and set aside judgment be, and the same is hereby dismissed.
It is further ordered that the defendants' motion to proceed in forma pauperis and the motion for appointment of counsel be, and each of them is hereby dismissed.


With death and danger looming, these two wounded souls must learn to trust each other . . . for only love can save them.
David strode through the battle raging between his men and the castle defenders in the courtyard and headed straight for the keep, intent on his goal. The castle would fall quickly. The defenders lacked leadership and were in disarray. His only concern was whether the castle had a secret tunnel for escape. During the siege, he had spread his men out through the fields surrounding the fortress to keep watch. But he had concentrated his forces for the attack and most were now inside the castle. If there was a tunnel, he must secure the widow and her daughters before they had a chance to escape. He did not relish the idea of having to chase them down through the fields with dogs. The defenders had foolishly waited too long to withdraw to the keep, and most were caught in the courtyard when David's men burst through the gate. He barely spared them a glance as he ran up the steps of the keep.
With several of his warriors at his back, he burst through the doors brandishing his sword. He paused inside the entrance to hall. Women and children were screaming, and the few Blackadder warriors who had made it inside were overturning tables in a useless attempt to set up a defense. "If ye hope for mercy, drop your weapons," David shouted, making his voice heard above the chaos. He locked gazes with the men who hesitated to obey his order until every weapon clanked to the floor, then he swept his gaze over the women. Their clothing confirmed what he'd known the moment he entered the hall. Blackadder's widow was not in the room.
"Where is she?" he demanded of the closest Blackadder man.
"Who, m'lord?" the man said, shifting his gaze to the side.
David caught a sudden whiff of urine and dropped the man to the floor in disgust. The wretch had wet himself. "Take him to the dungeon," he ordered. The coward had given up his mistress far too easily. David started up the wheeled stairs to the upper floors with his sword at the ready. He expected to encounter Blackadder warriors, protecting the lady of the castle. But there were none on the stairs and none guarding the door on the first floor. Damn it. She must have escaped. He gritted his teeth as he envisioned the lady's guards leading her through the tunnel. He was about to open the chamber door to make sure it was empty when Brian, one of his best men, came down the stairs.
David waved him aside and pulled the ax from his belt as he raced up the stairs. "Open it!" he shouted and pounded on the door. He did not wait. She could be escaping through a secret door this very moment. Three hard whacks with his ax, and the door split. He kicked it until it swung open, then stepped through. At his first sight of the woman, his feet became fixed to the floor. He felt strange, and his vision was distorted, as if as if he had swallowed a magical potion that narrowed his sight. He could see nothing in the room but her. She was extraordinarily lovely, with violet eyes, pale skin, and shining black hair. But there was something about her, something beyond her beauty, that held him captive.
She was young, much younger than he expected, and her features and form were delicate, in marked contrast to the violent emotion in her eyes. David knew to the depths of his soul that a brute like him should not be the man to claim this fragile flower, even while the word mine beat in his head like a drum. He had no notion of how long he stood staring at her before he became aware that she held a sword. It was longer still before he noticed the two wee lasses peeking out from behind her like frightened kittens.
Anger boiled up in his chest. Every Blackadder man in the castle who could still draw breath should have been here, standing between him and their lady. Instead, she faced him alone with a sword she could barely lift with both hands. It was a brave, but ridiculous gesture. There was no defense against him.


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