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Ritemed Pharma Retail Private Limited v/s Official Liquidator
Company Appeal(At) No. 60 of 2018 in CP No. 98 of 2017, CAA No. 230 of 2017
Decided On, 03 May 2018
At, National Company Law Appellate Tribunal
By, THE HONOURABLE MR. JUSTICE A.I.S. CHEEMA
By, JUDICIAL MEMBER & THE HONOURABLE MR. BALVINDER SINGH
By, TECHNICAL MEMBER
For the Appellant: Praveen K. Mittal, Advocate. For the Respondent: None.
Balwinder Singh, Technical Member
The present appeal has been preferred under section 421 of the Companies Act, 2013 by the appellants against the impugned order dated 05.01.2018 passed by the National Company Law Tribunal, Hyderabad Bench, Hyderabad (hereinafter referred to as the "Tribunal") in C.P.(CAA) No. 98/230/HDB/2017 wherein the Scheme of Amalgamation between Appellant No. 1 (Ritemed Pharma Retail Private Limited) and Appellant No. 2 (Optival Health Solutions Private Limited) and their respective shareholders and Creditors was not sanctioned by the Tribunal.
2. The brief facts of the case are that the appellant No. 1 (transferor company) is a company incorporated under the Companies Act, 1956. The transferor company is a private limited company. Appellant No. 2 (transferee company) is a company incorporated under the Companies Act, 1956 and is also a private limited company. Both the companies are subsidiaries of Mediplus Health Services Private Limited. Both the companies are having their registered office at H. No. 11-6-56, Survey No. 257 & 258/1, Opposite to IDPL railway Siding Road, Moosapet, Kukatpally, Hyderabad-500037. The main business of both the companies is to establish, run, take on hire or lease, maintain, organize and promote retail pharmacy stores. To buy, sell, import, export or deal in any manner in Medical and Pharmaceuticals Products like intravenous sets, intravenous solutions, all kinds of drugs, disinfectants, tinctures, colloidal products, injectables and all the pharmaceuticals and medicinal preparations, veterinary products including setting up contract manufacturing facility etc. The Board of Directors of the appellant companies vide their respective resolutions dated 6th March, 2017 approved the Scheme of Merger/Amalgamation of Transferor company with Transferee company. Thereafter, the appellants filed Company Application No. CA(CAA) No. 29/230/HDB/2017 before the Tribunal under Section 232 read with section 230 of the Companies Act, 2013 praying for dispensing the meetings of equity shareholders and secured creditors of transferor company and the meetings of the equity shareholders, secured creditors and unsecured creditors of transferee company. The said company application was allowed by the Tribunal vide order dated 8th May, 2017. As per directions of the Tribunal, the appellants filed an affidavit stating that they got published Newspaper advertisement of the "Notice of Petition" in English Daily and Telugu Daily and filed the proof of the same.
3. The appellants filed a joint petition for sanction of the Scheme of amalgamation between them and their respective shareholders. The Scheme of Amalgamation provides that the transferee company shall, without any further act or deed, issue and allot to each member of the transferor company whose name is recorded in the register of members of the Transferor Company on the Record Date, equity shares in the Transferee Company in the ratio of 136 equity shares in the Transferee Company of the face value of Rs. 10/- at a premium of Rs. 26/- each credited as fully paid up for every 100 equity shares of Rs. 10/- each fully paid up held by such member in the transferor company. Notice was issued to the Regional Director (South East Region), Ministry of corporate Affairs, ROC concerned, Official Liquidator and jurisdictional Income Tax Authorities. The Official Liquidator submitted his report dated 10.7.2017 stating that the transferor company has not submitted consent of Trade Payables and other creditors for the proposed Scheme of amalgamation and except that the affairs of the Company appears to have not been conducted in a manner prejudicial to the interest of the members or to public interest.
4. The Regional Director, South East Region, Ministry of Corporate Affairs, Hyderabad filed an affidavit dated 13.7.2017 stating that the appellants are regular in filing the statutory returns and no complaints, no investigation and no inspection are pending against them and to dispose the petition on merit.
5. No reply was filed by the Income Tax Department.
6. After hearing the parties and perusing the record, the Tribunal passed the impugned order dated 05.01.2018 thereby recording disinclination to sanction the Scheme of Amalgamation, as proposed. Relevant portion of the impugned order is as under:
"13. Upon perusal of the provisions of section 230 and 232 of the Companies Act, 2013, in the case of merger and amalgamation of Companies, the Act does not provide for allotment of shares at a premium. When the issue was raised, the learned PCS for the Petitioner Companies, submitted a copy of the Order of Hon'ble High Court of Bombay in the matter of Scheme of Amalgamation sanctioned between Rishiroop Rubber International Limited and Puneet Resins Limited under Section 391/394 of the Companies Act, 1956. However, upon perusal of the scheme submitted to the Hon'ble High Court of Bombay, it is observed that shares of both the transferor and transferee companies are listed on Bombay Stock Exchange Limited. Therefore, the Bench is of the considered view that the order relied upon by the Petitioners are not of much useful/not in favour of the Petitioners since the facts in hand and of the scheme approved by the Hon'ble High Court are totally different to the extent that the scheme of amalgamation which was earlier sanctioned, both the Transferor and Transferee Companies shares listed/traded on BSE Limited, whereas in the instant scheme of Amalgamation proposed between Ritemed Pharma Private Limited and Optival Health Solutions, both are unlisted/private limited companies. Therefore, in the absence of explicit provision available in the Companies Act, 2013 to issue shares at a premium, the Bench is of the considered view that the scheme is not in compliance with section 232 of the Companies Act, 2013, therefore, the Bench is not inclined to sanction the scheme of Amalgamation as proposed.
14. The Petitioner Companies are directed to issue newspaper publication with respect to status of Scheme of Amalgamation in the same newspapers in which previous publications were issued in order to ensure transparency/dissemination of complete information to all concerned parties about the same of the Scheme filed with the Tribunal.
15. The Petitioner Companies are directed to serve a copy of this order on the Registrar of Companies within 30 days from the date of receipt of copy of this order.
16. The Petitioner Companies are further directed o strictly adhere to the above directions and liberty is granted to the Petitioner Companies to approach the Tribunal after complying with all the applicable provisions of the Companies Act, 2013."
7. Being aggrieved by the said impugned order the appellants have filed the present appeal. The appellants have sought the following relief:
(a) Set aside the impugned order dated 05.01.2018 passed by the learned Tribunal in CP (CAA) No. 98/230/HDB/2017.
(b) To hold that the appellant companies shall not be required to issue newspaper publications with respect to the status of Scheme of Amalgamation as required under the impugned order.
(c) To hold that the Transferee Company, which is a private limited company, is entitled to issue equity shares at premium to the shareholders of the Transferor Company while sanctioning the Scheme of amalgamation;
(d) To declare that the provisions of Scheme of Amalgamation enabling the Transferee Company to issue shares at a premium of Rs. 26/- per share is in due accordance with the applicable laws including but not limited to section 52 of the Companies Act, 2013.
8. On filing the appeal, notices were issued to the Respondents. Respondents were served property but they did not appear before the Appellate Tribunal. Therefore, arguments on behalf of the appellants were heard.
9. The learned counsel for the appellants argued that the Tribunal has recorded incorrect findings in observing that the 2nd appellant has not authority or power to issue shares at a premium to the members of the 1st appellant as part of discharging the consideration for the proposed amalgamation. Learned counsel further argued that there is no legal embargo or prohibition for issue of shares at a premium for discharge of purchase consideration in pursuance of a scheme of amalgamation either by a private company or by a public company under the provisions of Companies Act, 2013.
10. Learned counsel further argued that the approval from the relevant stakeholders such as the Board of Directors and creditors of the appellant for scheme of amalgamation have been taken and the same were filed before the Tribunal. Learned counsel also argued that section 52 of the Companies Act, 2013 specifically provides issuance of shares at a premium, whether for cash or otherwise.
11. Learned counsel for the appellant argued that the following judgments pronounced by various Courts permitted to issue shares at a premium as part of Scheme of Amalgamation or arrangement but the Tribunal has not accepted these judgments on the plea that the companies in these judgments are all listed companies and the appellants are private limited company:
(a) Tieto Software Technologies Limited and Tieto IT Services India Pvt Ltd.
(b) Sterlite Technologies Limited and Sterlite Power Technologies Ltd.
(c) Simbhaoli Sugars Ltd and Simbhaoli Spirits Ltd.
(d) Moschip Semiconductor Technology L:td and Verasity Technologies Inc.
(e) OCL India Pvt Ltd. and or
(f) Heritage Foods Retail Ltd and Future Retail Ltd.
(g) Trident Corporation Ltd and Trident Ltd.
12. Learned counsel for the appellants further argued that the Companies Act, 2013 does not make any distinction between the listed company and the private company. The Act is applicable to all the companies whether public or private which are registered under the Companies Act, 1956/Companies Act, 2013. Therefore, the findings of the Tribunal that these judgments are not applicable in the case of private companies is not acceptable.
13. Lastly the learned counsel of the appellants drew our attention towards the judgment pronounced by the Hon'ble Supreme Court in the case of Miheer H. Mafatlal v. Mafatlal Industries Ltd (AIR 1997 SC 506) and argued that the appellants have followed the procedure for the purposes of the Scheme and have complied with all requirements as laid down by the Hon'ble Supreme Court in the above judgment and argued that the Tribunal did not have any further jurisdiction to sit in appeal over the commercial wisdom of the proposed Scheme and rejected the sanction of Scheme merely upon unfounded belief that there are not specific provisions providing for issuance of shares at premium in case of any scheme of amalgamation or arrangements.
14. We have heard the arguments of the learned counsel for the appellants and perused the record.
15. On careful reading of the impugned order, we have observed that the Tribunal has recorded disinclination to sanction the Scheme of Amalgamation as has been proposed on the ground that both the companies are unlisted/private limited companies, therefore, in the absence of explicit provision available in the Companies Act, 2013 to issue shares at a premium, the NCLT Bench is of the considered view that the scheme is not in compliance with section 232 of the Companies Act, 2013, therefore, the Bench is not inclined to sanction the scheme of amalgamation as proposed.
16. Section 232(3)(i) also deals with incidental, consequential and supplemental matters, which is as follows:
"....(i) Such incidental, consequential and supplemental matters as are deemed necessary to secure that the merger or amalgamation is fully and effectively carried out:
Provided that no compromise or arrangement shall be sanctioned by the Tribunal unless a certificate by the company's auditor has been filed with the Tribunal to the effect that the accounting treatment, if any, proposed in the scheme of compromise or arrangement is in conformity with the accounting standards prescribed under Section 133."
17. The above section is applicable to all the companies and does not make a distinction whether the company is a private or public company or whether it is listed company or non-listed company. The company where issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount of premium received on those shares shall be transferred to a "securities premium account". Thus there is no bar that the issues of shares at a premium or otherwise than cash also be resorted to by the company.
18. It is the prerogative of the company to issue shares at a premium or otherwise depending upon the facts and circumstances of the situation. In the present case the shares are being issued by the transferee company to the transferor company for acquiring the assets of the company. If the fair value of the assets being acquired by the transferee company is more than the face value of the shares issued for the same, the company has no other alternative but to allot the shares at premium and the difference being carried to a "securities premium account". This is what precisely the company has proposed to do.
19. The certificate as required under section 232(3)(i) of the Companies Act, 2013 from the company's auditor is annexed at Page No. 292 of the Appeal Paper Book filed by the appellants. The Chartered Accountant in his report dated 17th March, 2017 has observed as under:
"Based on procedures performed by us, and the information and explanations given to us, in our opinion the accounting treatment contained in Clause 12 of the Draft Scheme is in conformity with the applicable Accounting Standards as mentioned above."
Thus the compliance of Section 232(3)(i) has been made.
20. Further section 133 of Companies Act, 2013 prescribes that the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of Chartered Accountants Act, 1949 (38 of 1949) in consultation with and after examination of the recommendations made by the National Financial Reporting Authority (NFRA). The Auditor has certified that the Scheme has complied with Section 133 of the Companies Act, 2016 read with Rule 7 of the Companies (Accounts) Rules, 2014 and 2016. Rules 7 of the Companies (Accounts) Rules, 2014 and 2016 provides as under:-
"(1) The standards of accounting as specified under the Companies Act, 1956 (1 of 1956)shall be deemed to be the Accounting Standards until Accounting Standards are specified by the Central Government under Section 133."
Accounting Standard and the treatment prescribed under it as much as a part of the legal compliance in the amalgamation of the companies. Accounting Standard 14 deals with accounting for amalgamation. It deals with various situations of amalgamation etc. In the present case the Scheme has complied with the legal requirements on amalgamation.
21. We have noted that section 52 of the Companies Act, 2013 deals with the issue of shares at premium which is as follows:-
"Section 52- Application of premiums received on issue of shares - (1) where a company issues shares at a premium whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on those shares shall be transferred to a "securities premium account" and the provisions of this Act relating to reduction of share capital of a company shall, except as provided in this section, apply as if the share premium account were the paid-up share capital of the company.
(2) Notwithstanding anything contained in sub-section (1), the securities premium account may be applied by the company-
(a) towards the issue of unissued shares of the company to the members of the company as fully paid bonus shares;
(b) in writing off the preliminary expenses of the company;
(c) in writing off the expenses of, or the commission paid or discount allowed on, any issue of shares or of any debentures of the company; or
(d) in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures of the company; or
(e) for the purchase of its own shares or other securities under section 68.
(3) The securities premium account may, notwithstanding anything contained in sub-section (1) and (2), be applied by such class of companies, as may be prescribed and whose financial statement comply with the accounting standards prescribed for such class of companies under section 133,-
(a) in paying up unissued equity shares of the company to be issued to members of the company as fully paid bonus shares; or
(b) in writing off the expenses of or the commission paid or discount allowed on any issue of equity shares of the company; or
(c) for the purchase of its own shares or other securities under section 68."
22. We are not in agreement that the accounting standard have not dealt with the issues specifically and it cannot be said that there is no legal provision specified.
23. The Hon'ble Supreme court in the case of Miheer H. Mafatlal v. Mafatlal Industries Ltd (AIR 1997 SC 506) has already laid down the scope and ambit of jurisdiction of the Company Court whilst approving scheme under erstwhile provisions of Sections 391-394 of Companies Act, 1956 (Presently section 230 of Companies Act, 2013). In view of the settled legal position, therefore, the scope and ambit of the jurisdiction of the Company Court has clearly got earmarked. The following broad conours of such jurisdiction have emerged:
"(a) The sanctioning court has to see to it that all the requisite statutory procedure for supporting such a scheme has been complied with and that the requisite meetings as contemplated by Section 391(1) (a) have been held.
(b) That the Scheme put up for sanction of the Court is backed up by the requisite majority vote as required by Section 391 sub-section (2).
(c) That the concerned meetings of the creditors or members or any class of them had the relevant material to enable the voters to arrive at an informed decision for approving the scheme in question. That the majority decision of the concerned class of voters is just and fair to the class as a whole so as to legitimately bind even the dissenting members of that class.
(d) That all necessary material indicated by Section 393(1) (a) is placed before the voters at the concerned meetings as contemplated by Section 391 sub-section (1).
(e) That all the requisite material contemplated by the proviso of Sub-section (2) of Section 391 of the Act is placed before the Court by the concerned applicant seeking sanction for such a scheme and the Court gets satisfied about the sa
me. (f) That the proposed scheme of compromise and arrangement is not found to be violative of any provision of law and is not contrary to public policy. For ascertaining the real purpose underlying the Scheme with a view to be satisfied on this aspect, the Court, if necessary, can pierce the veil of apparent corporate purpose underlying the scheme and can judiciously X-ray the same. (g) That the Company Court has also to satisfy itself that members or class of members or creditors or class of creditors, as the case may be were acting bona fide and in good faith and were not coercing the minority in order to promote any interest adverse to that of the latter comprising of the same class whom they purported to represent. (h) That the scheme as a whole is also found to be just, fair and reasonable from the point of view of prudent men of business taking a commercial decision beneficial to the class represented by them for whom the scheme is meant. (i) Once the aforesaid broad parameters about the requirements of a scheme for getting sanction of the court are found to have been met, the Court will have no further jurisdiction to sit in appeal over the commercial wisdom of the majority of the class of persons who with their open eyes have given their approval to the scheme even if in the view of the Court there would be a better scheme for the company and its members or creditors for whom the scheme is framed. The Court cannot refuse to sanction such a scheme on that ground as it would otherwise amount to the Court exercising appellate jurisdiction over the scheme rather than its supervisory jurisdiction." 24. Therefore, in the light of the Hon'ble Supreme Judgment, we are not in agreement with the Tribunal's observations for not sanctioning the scheme. 25. Therefore, the Appeal is allowed. National Company Law Tribunal, Hyderabad Bench, Hyderabad is directed to sanction the scheme and may issue further consequential directions/orders so as to ensure/enable the Companies to make all other legal compliances as necessary. 26. No order as to costs.


Wilshi Limited is a New Zealand owned company and was formed in February 2010 with the simple purpose of helping guys and girls get their marriage proposal right. The Wilshi designers have encountered many anxious grooms to be and the delighted, sometimes not so delighted, bride to be, soon after the question has been asked, will you marry me?
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This insight inspired Wilshi designers to create a proposal ring as distinguished from an engagement ring. 'The latter is an outcome, and if you have that, great. She has hoped for the perfect day, for the perfect ring and perfect partner ever since she started practicing getting married at kindergarten. Of course most people are not that comfortable with rejection, and we don't want anyone to get it wrong, Wilshi is the answer.
Aptly named, Wilshi - The Proposal Ring® has a number of designs, some conventional, some not so, like the Tear Tab and the Sea Shell in sterling silver engraved 'Will you marry me?' Nice answer.


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Receiving payday loans is not that complicated today, but sad to say, having more of these loans is likely to increase chances of default. In certain instances, unnecessary spending as well as emergencies are major drivers of the consumption of these brief, high-interest loans. Brief monthly loans need not end bad for you, but there are circumstances that can lead a borrower to requiring help with payday loan settlement.
Payday loan consolidation can be helpful when it's become difficult to settle numerous pay day loans. Debt consolidation becomes an option in a range of scenarios, such as when paying off all your balances has become impossible and you're now drowning in debt.
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This entry was posted on October 18, 2016, in Health Care & Medical.


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The following is an update on the LeBlanc,Melanson and Bourque reunions for the CMA2009
Le communiqué de presse en français suit.
LeBlancs, Melansons and Bourques get ready: you will be having a reunion at the 2009 Congrès mondial acadien 2009!
(LAFAYETTE, LA - May 4, 2009) With less than 100 days left until the 4th Congrès mondial acadien kicks off in New Brunswick's Acadian Peninsula, over 85 Acadian family organizations are preparing their reunions.
The Congrès mondial acadien (CMA) is an international event that brings Acadians of the world together every five years in a different Acadian heartland. The two to three-week event features a diverse program of events such as community fairs, huge outdoor concerts, artistic performances, conferences, family reunions, sport and much more that attract Acadians from Eastern Canada, Louisiana, Québec, France and elsewhere. Seeing as Acadian heritage is the common thread connecting the participants, the family reunion component of the CMA is very popular. Therefore, as the Peninsula prepares, in Louisiana, Cajuns are planning their trips to Canada and their participation in these reunions. However, for the past few months, this southern Acadian community has been troubled by the absence of certain major families from the roster of official CMA Reunions. The Bourque, Melanson and most notably LeBlanc families weren't planning on getting together for this historic gathering even though at past Congrès' the LeBlanc reunion attracted thousands. Seeing an opportunity to remedy the situation, Louisiane-Acadie, Inc. decided to lend a hand and take on the challenge of coordinating one event for the three families.
Louisiane-Acadie, whose mandate it is to represent the Acadians of Louisiana on the international stage, took on the project knowing that it could only be successful if it was built on partnerships with organizations and individuals in "Acadie du Nord". It didn't take long for Acadian resourcefulness to take effect and numerous partners got involved in this pan-Acadian initiative. Incidentally, a date and evening entertainment were indentified thanks to legendary Acadian band 1755, a venue was secured thanks to the Town of Tracadie-Sheila, participants will be able to get information and register online thanks to Capacadie.com, great Cajun food will be served thanks to Louisiana Office of Tourism and the word will spread like wildfire thanks to CAFA (Confederation of Associations of Families Acadian in Louisiana) and FAFA (Fédération des associations de familles acadiennes in New Brunswick).
"It's heartwarming to see Acadians coming together to make sure that LeBlancs, Melansons and Bourques also get to have a memorable reunion. When Cajuns need a hand, our Acadian cousins are there and now, we are able to return the favor on a much smaller scale. That being said, there's no doubt that when there's a party to be planned, Cajuns are the people you want at the helm!" explains Ray Trahan, President of Louisiane-Acadie, Inc.
Although the details of the day's events and registration have yet to be finalized, Louisiane-Acadie wanted to announce the news now in order to give participants a chance to plan their trip to the Acadian Peninsula where numerous traditional and less conventional accommodation options are still available. As 1755 band member Roland Gauvin explains, one detail was quickly confirmed. "Since we are performing that night in Tracadie-Sheila, we are happy to offer a 5$ discount on our ticket price to everyone attending the reunion. These families are important branches of our Acadian family tree and we are happy that they will be joining us during our summer tour."
Stay tuned for further details but in the meantime, mark August 21st on your calendar.
LeBlanc, Melanson and Bourque Family Reunion
Tracadie-Sheila Arena
Information: rachelle@louisiane-acadie.com, 337-291-5489, www.cma2009.ca
Louisiane-Acadie is an umbrella organization that represents Acadians and Cajuns in Louisiana and encourages networking and increased connections between Louisiana organizations in order to promote a united voice and better connect with all Acadian communities worldwide. The organization's current projects include Louisiana's bid to host the 2014 Congrès mondial acadien and Louisiana's presence at the 2009 CMA, project supported by Louisiana's Department of Culture, Recreation and Tourism.
For more information on the 2009 Congrès mondial acadien 2009, visit their website at www.cma2009.ca.

redpajama_set_name: RedPajamaCommonCrawl


text:
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En torped är en person som mot betalning utför hot, utpressning, våldshandlingar, sabotage och mord åt andra.

Se även
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Illegala yrken
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redpajama_set_name: RedPajamaWikipedia


text:
American Cinema Editors to Give Career Achievement Awards to Lillian E. Benson, Richard Chew
Film editors Lillian E. Benson and Richard Chew will receive career achievement honors for their outstanding contributions to film editing at the 72nd annual ACE Eddie Awards, the American Cinema Editors announced on Tuesday.
"Lillian and Richard are rock star editors and represent the very best of our craft and profession," says ACE president Kevin Tent. "Just look at those credits! Not only have they had incredibly prolific careers, but they've given back to our community in many ways, not the least of which by mentoring the next generation of editors. We are thrilled to honor these two special editors and look back at their amazing careers."
Benson was the first woman of color invited to join ACE 30 years ago and has since been instrumental in the organization's growth, serving on its board of directors for more than two decades. She was nominated for an Emmy for the PBS documentary series Eyes on the Prize, which chronicled the civil rights movement from 1952-1985, and is currently editing the Dick Wolf procedural Chicago Med, on which she has worked for six seasons. Her other documentary credits include Beyond the Steps: Alvin Ailey American Dance Theater, Motown 40: The Music is Forever, a Century of Living, Conscience and the Constitution, Smothered: The Censorship Struggles of the Smothers Brothers Comedy Tour, Craft in America and All Our Sons: Fallen Heroes of 9/11.
She has also been involved in PBS institutions like Independent Lens, American Masters, Great Performances and American Experience. In 2016, she edited Maya Angelou: And Still I Rise, and her other credits include Showtime's Soul Food and the feature film All About You. She has taught film editing at USC, Columbia College Hollywood and the School of Visual Arts. She's a member of ACE, the Motion Picture Editors Guild, the Television Academy and the Academy of Motion Picture Arts & Sciences.
Chew has edited some of the most iconic works in history, including One Flew Over the Cuckoo's Nest (for which he shared the BAFTA Award), The Conversation (for which he shared another BAFTA Award) and Star Wars, for which he won the Oscar for best film editing with Marcia Lucas and Paul Hirsch. Chew's other credits include Risky Business, Goin' South, Singles, Real Genius, The Runaways and Shanghai Noon, for which he was nominated for the 2001 ACE Eddie Award.
He served as a documentary cameraman in Seattle in 1969, where he learned about filmmakers who had moved to San Francisco to form American Zoetrope. He wrote letters to George Lucas, Francis Ford Coppola and John Korty, which led to Chew being invited to come to Zoetrope and cut a documentary for Korty. A few years later, Walter Murch asked him to join him as co-editor on Coppola's The Conversation. He has taught at art schools, film schools, universities, churches and community groups. He is a member of American Cinema Editors, the Motion Picture Editors Guild and the Academy of Motion Picture Arts & Sciences.
The ACE awards ceremony will take place on March 5 at the ACE Hotel in Downtown Los Angeles.
Previous recipients have included Alan Heim, Thelma Schoonmaker, Dede Allen, Janet Ashikaga, Craig McKay, Margaret Booth, Carol Littleton, John Son, Mark Goldblatt and Leon Ortiz-Gill, among others.
Fight Club Movie Ending Censored For China Streaming Release
Sam Raimi Shares His Thoughts On Spider-Man: No Way Home


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Who Loses Big in the Great Streaming Wars? The User
With last week's launch of the NBCUniversal-backed streaming service Peacock, the number of available streamers on the market right now is approximately a billion. (Note: This is only an estimate. The actual number may be higher.) As Peacock joins Netflix, Hulu, Amazon Prime Video, HBO Max, Disney+, CBS All Access, Apple TV+, YouTube, Acorn, Quibi, Tubi, Hoopla, Shudder, Crunchyroll, and so many more (none of those names are made up), the great dream of cord-cutting is long dead. You may be free of your cable bill, but you would have to recreate the cable bundle by subscribing to at least a half-dozen of these things to keep up with all the TV out there. And as shows and movies hop from one service to another, often with no apparent logic, even if you understand which corporations own what content, it can be a mental headache, on top of the financial one, to figure out where you can watch what you want.
All of this is annoying, though most of it can at least be understood in the spirit of business. If WarnerMedia and NBCUniversal can make more money using Friends and The Office to get people to subscribe to HBO Max and Peacock, respectively, than they would from licensing those shows to Netflix, that's what they're going to do. Corporations care about making money, not helping customers save it.
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The part of the streaming shell game that I've never been able to fully understand — and that has somehow gotten worse with each passing year and each new service debut — is just how bad the user experience is on all of them. It's been 13 years since Netflix began offering streaming content, with Hulu and others soon to follow, yet the user interfaces consistently seem designed to make finding what you want to see — whether continuing a binge or discovering something new — a Herculean effort. Spend enough time toggling between the services, and you'll want to quote Hall of Fame baseball manager Casey Stengel trying to make sense of the historically inept 1962 Mets: Can't anybody here play this game?
Not all bad interfaces are created equal, of course. Netflix has been at it the longest, and while there's a lot that could be better about their site and apps, there are also basic things Netflix engineers understand about user behavior that many of their competitors still can't grasp(*). Hulu has been around nearly as long, yet up until the latest update — which is for the moment only available to some of their subscribers — it seemed like each new tweak was done by someone actively trying to sabotage what, based on content alone, should easily be the best streaming-TV option out there. Amazon has both the best bonus feature of any streamer — X-Ray, where pausing a scene gives you the name of every actor and character in that scene, the name of any songs playing, and other details — and one of the hardest interfaces to navigate, befitting a service that's an afterthought in a much larger business empire. As for the newcomers, you'd think they would have learned what works and what doesn't after a decade-plus of streaming TV, yet that isn't quite the case. The interfaces for the services that have debuted over the last eight months range from "mostly functional" (Disney+) to "why is any of this where it is?" (Peacock).
(*) Although by going first, Netflix also helped shape some of those behaviors, as well as our perception of what is and isn't a good interface.
Simply put, there are a lot of basic practices that all streamers should be following, and that most of them don't seem to understand in the slightest. Here's our four-point plan to optimize user experience.
1. Always make it easy to resume a binge.
The streamers have conditioned us to think of bingeing as their, and our, raison d'etre, and odds are you're sitting down for the latest episode of your new favorite, or to start what you've already set aside to be your new-new favorite, having watched the finale of your old-new favorite the night before. So, it should be the height of simplicity to pick up where you left off, or dive straight into the next show, right?
Not so fast, smart guy.
Netflix has been consistently good at having a Continue Watching bar featured prominently on the home screen, even if you have to scroll down past a billboard for the algorithm's shiny new offering to get there. The other big streamers have mostly followed suit with their own equivalents, though not always with success. Hulu's previous update didn't even put its Keep Watching bar on the landing page, requiring multiple clicks to get there; the new version (which I'm told will be available to all users by sometime next week) finally puts it on the main page, but only after scrolling down past several huge vertical billboards for shows the algorithm is excited about. Amazon's Watch Next bar comes up right near the top, but it can offer a confusing mix of things you're in the middle of watching, things you've added to your Watchlist, and things you've finished watching but whose closing credits you didn't sit through every last second of.
As for your Queue/List/Watchlist/Whatever, that may be right below the Continue Watching bar, or you may have to hunt for it.
2. But don't make it too hard to go back and re-watch when necessary.
Even when you get to the right episode of the right show, sometimes picking up exactly where you left off makes more sense in theory than in practice. Who among us hasn't dozed off during a late-night binge, or gotten a bit ahead of the spouse/friend/relative we're watching with, only to struggle to figure out how to return to an earlier point? Some services, like Prime Video, offer a simple option to restart episodes or movies from the beginning rather than resuming, while others, like Hulu and HBO Max, only present the resume option. (It also doesn't help that most of these services have terrible fast-forward and rewind functions that offer little finesse for moving around if you just want to refresh your memory.)
3. Give the customer more control of the browsing process, and a layout that makes sense.
Admittedly, the streamers have all gotten better overall at allowing you to stick with what you've already chosen. It's when you're on the lookout for something else that the process turns into an existential crisis where confusion and choice paralysis rule. With the exception of Disney+, which has several clearly delineated brands and genres that are easy to explore(*), the streamers seem to go out of their way to encourage endless browsing, as if time spent on the service is valuable to them even if you never get around to actually watching anything. Browsing is difficult, direct searching is somehow worse, and the whole thing seems to have been made by one of those men Alfred tried to warn Bruce Wayne about, who just want to watch the world burn.
(*) And even they're not perfect — all the Marvel movies are arrayed pretty randomly, which makes it more difficult to attempt to, say, rewatch the MCU in order.
Each (dis)organization strategy is serving a different master, and that causes different problems. Netflix has sworn undying allegiance to its algorithm, believing the computer knows what you want to see better than you do. You can't customize which genres or subgenres ("Witty Workplace Comedies," et. al.) are displayed on the home screen, because the algorithm is doing the work for you. But the algorithm easily gets confused (my "Because you watched Star Trek" bar is full of foreign-language drama series, few of them with even a hint of science fiction), or takes the wrong lessons from what you've already watched — as in the case of a friend who can't stop getting true crime recommendations because he enjoyed American Vandal, which existed to make fun of those kinds of shows. Netflix, like so many of the others, goes out of its way to make it impossible to find new movies or shows, since "new" is defined as "newly-added to this service." So, actual fresh releases like Old Guard and EuroVision will be listed right alongside the 2010 box-office flop How Do You Know. Trying to skim by genre is useless, both because the algorithm picks what you see first, and because the same content keeps popping up from genre to genre. (As I write this, the original Alyssa Milano version of Charmed is listed as a TV Comedy, among other things.)
Amazon and Apple are both trying to function as your streaming portals, offering access not only to their own content but to everybody else's. The problem is that it can be hard to tell what you've already paid for and what you'd need to pay one of these giant companies an additional few bucks to rent for the evening. There's an option on Amazon, for instance, to only see results that are included with a Prime subscription, but it's not the default, and it's not always intuitive to switch to that, depending on which device you're using.
HBO Max and Peacock, like Disney+ before them, are meant to show off the combined treasures of their respective media libraries, but they do it in a much clumsier fashion. HBO Max at least presents A-Z lists of titles overall (a rarity, though Peacock also does this, if you scroll down far enough) and within genres (which a few others, like Hulu, offer). But finding shows or movies often comes down to understanding the various pieces of the WarnerMedia empire that have joined forces under the service's misleading title (no one at HBO has anything to do with Max, and you can't watch any Cinemax shows there, to make it more confusing), and knowing what might be on the TCM tab versus the HBO tab. (Or, for that matter, finding those tabs in the first place.) Peacock is even more of a hodgepodge, and not just because they licensed several prominent pieces of non-NBC content like Everybody Loves Raymond and Two and a Half Men from other companies. (Peacock also lacks, for the moment, any kind of queue or profiles, the latter of which even Prime Video finally added recently.)
Hulu, meanwhile, began life as a joint venture among multiple broadcast networks to provide a next-day streaming home for new episodes of shows like The Office, House, and Lost. Even though it's primarily owned by Disney now — and treated as the adult alternative to Disney+ — that concept that it's a showcase still seems embedded in the DNA. (When you pull down the Browse menu in the new design, the first option is Networks, before you get to TV Shows, Movies, Hulu Originals, etc.) Content-wise, this is great: Hulu has by far the deepest TV library (HBO Max is the only service that's close), and, between its originals and all the FX shows that have a streaming home there, the strongest roster of current series. But having so much good stuff from so many places thrown together so haphazardly is an organizational quagmire. The new layout makes improvements around the edges, but shifting from horizontal tiles to vertical ones isn't the feng shui masterstroke one might have hoped.
4. Make searches easy.
As bad as most of these sites are for browsing, they can be a nightmare when it comes to just searching. It is the year 2020. Google is more than two decades old. Advanced web searches have existed for at least a quarter century. Most of the streamers present themselves as tech companies first, entertainment companies second. So, they should all have the most cutting-edge search functions possible, right? Or at least something as good as IMDb (which Amazon even owns, and uses for the X-Ray feature)? Yet, instead, all of them seem to employ search engines that would have been archaic when Alta Vista launched in 1995. No ability to customize for, say, directors or writers, and some don't even recognize actor names, just titles.
As a test, I typed "Tom Hanks" into the Amazon search field. Its suggested auto-complete was "Tom Hanks movies in Prime Video." The top results included A Beautiful Day in the Neighborhood (which you have to rent separately), the original Swedish version of A Man Called Ove (apparently because Hanks is producing the American remake), and a documentary called Apollo 13 that is not the beloved Hanks/Ron Howard film, plus other films Hanks has nothing to do with like Miss Sloane. A Netflix search for Hanks at least starts off with the handful of his movies the service (which in general has an awful film library) offers, starting with The Money Pit, before quickly segueing into vehicles for Ben Affleck, Bill Murray, Jack Nicholson, and Tom Cruise(*). Not every site offers keyword searches, and good luck with the ones that do. A Netflix search for "baseball" resulted in a handful of baseball films and shows, but also ones about football, ice hockey, and luchadors, among others. (It also gives you the 2005 animated comedy Chicken Little, though several characters play baseball in that movie before the aliens show up.)
(*) At least Max and Hulu produced more Hanks-specific results, though even the former spit out a few nebulous ones, like the HBO movie Game Change, which came from his production company.
None of this functionality should be this complicated and counterintuitive, yet so much of it is. Why in the world does Prime Video still separate shows by season, so that you have to add them one at a time to your Watchlist? Why does Hulu keep recommending things I've already finished, and not in some kind of "revisit an old favorite" context? Why does Peacock's "Family Movie Night" tab include the profane Chevy Chase comedy Fletch?
We're at the point where there are way more streaming services than people are willing to pay for. Netflix still has plenty of brand loyalty, Prime Video comes bundled in with free shipping, and all parents may be legally mandated to keep Disney+ until their kids are at least tweens. But where, once upon a time, it looked like the victors of the great streaming wars would be the services that had the best originals, or perhaps the biggest libraries of old movies and shows, now the big winner might be whoever devises a way to keep viewers from wanting to hurl a remote at the screen the next time they try to pick out that night's watch.
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The first chakra, or Root Chakra, is located at the base of the spine. The color associated with this chakra is red, and the tone, "C". The Root Chakra is related to instinct, security, survival and also to basic human potentiality. Physically, it governs sexuality, mentally it governs stability, emotionally it governs sensuality, and spiritually it governs a sense of security.


This software can be used to process RAW images, save as JPEG and TIFF format, adjust images, and manage files. This software uses the highly-reputed SILKYPIXR engine. Putting finishing touches on images is easy and comfortable with RAW processing and a rich variety of adjustment options. You can also use this software to add copyright information to the Exif data, and check the authenticity of images.


text:
#ifndef sitkExplicitITKImage_h__
#define sitkExplicitITKImage_h__
#include "sitkExplicit.h"
#include "itkImage.h"

#ifndef SITK_TEMPLATE_EXPLICIT_EXPLICITITK
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<bool, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<bool, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<char, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<char, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<double, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<double, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<double, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<float, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<float, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<float, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<int, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<int, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::CovariantVector<double, 2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::CovariantVector<double, 3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::CovariantVector<float, 2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::CovariantVector<float, 3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::FixedArray<float, 2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::FixedArray<float, 3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Offset<2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Offset<3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<double, 1u>, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<double, 2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<double, 3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<float, 1u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<float, 2u>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<itk::Vector<float, 3u>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long long, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long long, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<long long, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<short, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<short, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<signed char, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<signed char, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::complex<double>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::complex<double>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::complex<float>, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::complex<float>, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::deque<itk::LabelObjectLine<2u>, std::allocator<itk::LabelObjectLine<2u> > >, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<std::deque<itk::LabelObjectLine<3u>, std::allocator<itk::LabelObjectLine<3u> > >, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned char, 1u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned char, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned char, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned int, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned int, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned long, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned long, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned long long, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned long long, 3u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned short, 2u>;
extern template class SITKExplicit_EXPORT_EXPLICIT itk::Image<unsigned short, 3u>;
#endif // SITK_TEMPLATE_EXPLICIT_EXPLICITITK
#endif // sitkExplicitITKImage_h__

redpajama_set_name: RedPajamaGithub


Zulwood Grove is really easy if you get the first 2 upgrades to the right for the scrap musket.
You have to shoot all of the objects off the ground. First, shoot from this position.
Nine. Just shoot the rest of them from the right side.
And shoot the last one off the ground.
The final reward is a scroll that allows you to shoot with the musket as fast as the fang repeater.


text:
Jordan Casey
Entrepreneur & Self Taught Programmer
Jordan Casey became known publicly; when in February 2012 he became one of Europe's youngest iOS app developers by releasing a mobile game onto the iTunes store. The game called Alien Ball Vs Humans subsequently went to the number 1 on the iTunes charts.
"Start listening to the innovators of tomorrow"
Jordan Casey is an enthusiastic speaker, full of energy and positivity who inspires and motivates audiences around the globe offering an added-value experience to each event.
Talk to us about Jordan Casey
Jordan began programming at the age of 9 years through watching YouTube videos, internet and reading books on programming. In 2012, Jordan founded 2 companies, Casey Games, a mobile games company along with TeachWare, an application for teachers to easily manage all of their student's information in the cloud. It won 2 business awards and was nominated for a BAFTA. He announced his application Eventzy at the Web summit in Dublin in October 2014. Jordan is an Advisory member for Mind Candy - The Company behind the hugely successful Moshi Monsters. Jordon has also worked with the European Commission on a few projects encouraging youth entrepreneurship. He is currently working on a project called KidsCode which is an online application that inspires children to program with their friends, as well as a social network called Jump.
Jordan is a speaker and advisor on various forums in Ireland and the EU on youth technology and youth entrepreneurship. Jordan offers audiences an insight into the secrets of his success and shares his experiences on becoming an entrepreneur especially at such an early age.


text:
Richie Hawtin and Allen & Heath are collaborating on new...
News I By Scott WilsonI 21.01.16
Richie Hawtin and Allen & Heath are collaborating on new tech
Image via: Play Differently
Play Differently will "expand the creativity of today's generation of electronic music artists, producers and DJs.
One of the more unexpected announcements to come from this year's NAMM show comes from Richie Hawtin, who is working with Allen & Heath and its parent company Audiotonix on new musical hardware.
The collaboration was announced at a press conference, during which Hawtin described the two-year process of creating the as-yet unnamed instrument, which appears to be part of a wider brand called Play Differently.
"The ethos of Play Differently is to create products that will magnify the individuality and expand the creativity of today's generation of electronic music artists, producers and DJs. We hope to encourage and inspire creatives to PLAY differently," Hawtin said.
Currently the only taste we have of this collaboration is a picture of some knobs, so it's fair to assume it's a mixer or DJ controller of some kind. Hawtin has been a noted user of Allen & Heath gear for over 15 years, and was the first to request MIDI connections in the company's mixers.
If you want to keep up to date with Play Differently, keep an eye on the website.
Tags: Richie HawtinAllen & Heath
Richie Hawtin and Allen & Heath collaborate on new tech


text:
Jonathan Swift Long Fiction Analysis
Jonathan Swift Poetry: British Analysis
Jonathan Swift World Literature Analysis
Jonathan Swift Biography
Jonathan Swift is the world's most misunderstood children's writer. Though his classic book Gulliver's Travels is often referred to as youth reading, it is in fact an audacious satire on the society in which Swift lived. Swift complemented his satirical work with essays and pamphlets on government and society; his commentary often put him at odds with political parties as well as the monarchy. Swift's battles were also artistic, as evidenced by "An Essay Upon Ancient and Modern Learning," which ardently defended classical writing and set off a debate that spanned numerous volumes written by several authors. In A Modest Proposal, Swift mockingly proposed that the rich make meals out of poor people's babies. It was this kind of dark whimsy, in which harsh criticism was wrapped in effervescent ridiculousness, that ultimately defined the work of Jonathan Swift.
Facts and Trivia
Due to the sharply political nature of his writing, many of Swift's most famous works were published anonymously or under pseudonyms.
Throughout his life, Swift suffered periods of illness. Based on descriptions of his symptoms, it has been concluded that he suffered from what is now known as Meniere's disease.
Swift was very close with a childless woman named Esther Johnson who became his ward at a very young age. While some believe the two were married later in life, no conclusive evidence has been found.
Swift was a member of the Martinus Scriblerus Club, a society of writers that included Swift's friends Alexander Pope and John Gay.
With most of his close friends dead, Swift bequeathed much of his fortune to the founding of what was then known as St. Patrick's Hospital for Imbeciles.
Last Updated on May 5, 2015, by eNotes Editorial. Word Count: 2888
Article abstract: Perhaps the greatest prose satirist in the history of English literature, Swift was also a champion of Irish and Anglo-Irish rights against the colonial impositions of Great Britain.
Download Jonathan Swift Study Guide
Ireland in the seventeenth century was seen by ambitious Englishmen as the place to go to make a place for oneself, particularly for members of the Anglican Church, since Roman Catholics (practically the entire native Celtic population of Ireland) and, to a lesser extent, non-Anglican Protestants were excluded from most of the more powerful and lucrative positions in Irish political, educational, and business life. Jonathan Swift's father, trained as a lawyer, came from England with his brothers to take advantage of the situation, and he married an Englishwoman, who had settled in Dublin, in 1664. In April of 1667, still in the early stages of his career, Swift's father, also called Jonathan, died; Swift was born several months later. There was little money, and Swift was dependent upon an uncle for financial support for his maintenance and education, first at Kilkenny School and then at Trinity College, Dublin, from which he was graduated, after an undistinguished career, in 1689.
Ambitious but uncertain as to a career, Swift was taken on as the personal secretary to Sir William Temple, a family friend, who lived just south of London. Temple, a former diplomat of some considerable reputation, with connections to the Royal Court, was living in retirement, but Swift hoped that Temple's influence with the political powers in London would lead to something for him, possibly in the civil service. Temple did nothing to help Swift's career, however, and in the mid-1690's, Swift returned to Ireland and was ordained as a priest in the Irish wing of the Anglican Church. He was given a church in Northern Ireland, in an area where there were few Anglicans but many Roman Catholics and Presbyterian Anglo-Irish. Swift remained for a year and then returned to Temple. No doubt Temple had promised to look out for something substantial for his protégé.
During this period, Swift began to write poetry—mostly, as suggested by Temple, complimentary odes dedicated to prominent public figures. The poems did not reveal Swift's true gift for literature. In the later years of the decade, however, he began working on his first great book, A Tale of a Tub (1704), an enormously ambitious and complicated satire which was not to be published for several years.
In early 1699, Temple died without having done anything for Swift, who managed to get back to Dublin as chaplain to the Earl of Berkeley, the Lord Chief Justice of Ireland. His association with Berkeley, which Swift had hoped would lead to better things, yielded no great opportunities, and Swift was obliged to take a modest ecclesiastical living near Dublin.
Life's Work
Swift's literary reputation began with a pamphlet which he produced in 1701 supporting certain Whig politicians, but it was the publishing, anonymously, of A Tale of a Tub in 1704 that made him widely known in not only literary but also political and religious circles, since it attacked, satirically, excesses in the Christian religion, in scholarship, in journalism, and, to a slightly lesser extent, in politics. Satire is not simply criticism of aberrant behavior as the writer sees it, nor is it a particular mode, since any literary form may be used satirically. Rather, satire is an artistic shaping of criticism in ways which make it, however strongly disapproving, enjoyable to read, regardless of whether one agrees with the comment. A Tale of a Tub exemplifies this definition, since much of what Swift said, particularly about the Christian Church, was considered highly improper, but the work itself was not only widely read but also recognized as a work of genius, albeit one with a penchant for wildly egregious impropriety. Swift coyly denied that he had written it, and several other writers of reputation were suggested, some indignantly refusing the honor, but eventually Swift, despite his constant denials, was recognized as the author of this mad, magnificent attack upon the fragilities and vanities of humanity.
In 1708, while working informally with Whig politicians to achieve certain advantages for the Anglican Church in Ireland (at a time when church and state were closely intertwined), Swift delighted everyone with a second satire, one which was easily enjoyed by all since it was an attack upon the excesses of astrology. Predictions for the Ensuing Year, by Isaac Bickerstaff (1708), purportedly written by Bickerstaff, the most extravagantly fearless seer of them all, was an attack on a popular hack astrologer, John Partridge. In the correspondence, the counterclaims, the sheer lunacies of several pamphlets, the public became joyfully involved, and Partridge's career was ruined. It was the first but not the last time that Swift's gift for using art as a social weapon was to achieve results in the real world. The Partridge incident also showed clearly that the whimsical aspect of Swift's literary gift, its inclination toward playfulness and practical jokery, which was sometimes absent in A Tale of a Tub, could be quite delightful in its own right.
At the same time as he was developing his fame as the wiliest writer around, Swift was working to get Whig support for his church. He was often thwarted, however, by the politicians' natural inclination to promise much but deliver little, and by the fact that the Whigs in general had sympathies for other Protestant sects (called, for convenience, Dissenters) who wished to have their political, religious, and social rights extended. Anglicans of conservative bent, such as Swift, saw such ambitions as a threat to the supremacy of the Anglican establishment. By 1710, Swift had abandoned the Whigs and become the literary voice of the Tory Party, for whom he wrote The Examiner (1710), a popular propaganda sheet still readable today.
While living with Temple in the 1690's, Swift had formed a very close connection with Esther Johnson, a young woman who, with a companion, had followed Swift back to Ireland at the turn of the century. They were to form a peculiar threesome, and there is much romantic speculation about whether Swift married Johnson, although there is no real evidence that he ever did. There is much evidence, however, of his genuine affection for her, and although they never lived together, they rarely lived far apart whenever Swift, between his frequent trips to England, was resident in Dublin. During his stay in England on a somewhat permanent basis beginning in 1710, when he became the confidant of the leaders of the Tory Party and was privy to their efforts to rule the country, he sent a long series of letters back to Johnson and her companion which are intimate glimpses not only into his relationship with the women (and particularly to Johnson) but also into the political world of the time. The latter is true especially because Swift's relation to Robert Harley and Henry Saint John, Viscount Bolingbroke, the two most important Tory rulers, was very close. Swift's skills as a writer, his eye for detail, his unbuttoned intimacies, his connections with everyone who was anyone in not only the political but also the social and literary worlds make Journal to Stella (1766) one of the epistolary masterpieces of literature.
Swift wrote splendidly lethal propoganda for the Tory Party, not only in The Examiner but also in other forms. By 1713, however, the Tory Party was falling apart as Harley and Bolingbroke, despite Swift's advice, battled each other for power. Swift had never taken any direct financial reward for his services, although he expected, as is the way of the political world, to be given something substantial in the way of a Church preferment for what he had done. What he wanted was a bishopric in England, or at worst a deanship. Yet Swift had enemies in the English Church, and Queen Anne knew that he was the author of that antireligious text, A Tale of a Tub. As the Tory Party self-destructed before his eyes, Swift was offered somewhat ironic recompense: a deanship indeed, not in England, however, but back in Ireland, at St. Patrick's Cathedral in Dublin. Once again, the promises of politicians had landed Swift back where he had started.
Swift rarely went to England after 1714, and after a visit in 1727, he resided permanently in Ireland until his death. Attempts were made by his friends to get him a substantial church position in England, but he was remembered as a writer of questionable excess, and his connection with the discredited Tory Party did not help. Swift did not take his exile (as he saw it) lightly, but it did not deter him from a busy life as dean of his cathedral, as a commentator on British and Irish politics, and, most important, as a major literary figure.
Swift became a hero to all Irishmen, native or immigrant, when he anonymously wrote a series of essays, The Drapier's Letters to the People of Ireland (1724-1735), urging resistance to the British plan to allow an English contractor to replace some of the Irish currency with new coinage. As with the Bickerstaff essays, one paper led to another, focusing Irish discontent and continuing to do so despite the fact that a reward was offered for information as to the author of such seditious material. Everyone, including the British authorities, knew that Swift was responsible, but no one dared to touch him, and he roused such public opinion that the project was abandoned. In 1729, Swift attacked with A Modest Proposal for Preventing the Children of Poor People of Ireland from Being a Burden to Their Parents (1729), which suggested that since Britain had consumed all the wealth of Ireland, only one source of profit was left: the children, doomed to starvation, whom the writer, a supposedly concerned and informed citizen, suggested might well be turned into a new and delicate food for those who had profited from Ireland's political tragedy. It was an example of Swift's occasional tendency to go too far, to explore ideas which were both aesthetically and intellectually titillating while repulsive to tender sensibilities.
It was during the 1720's that Swift wrote his best-known work, Gulliver's Travels (1726), which has been severely edited, bowdlerized, and transformed into a harmless fairy tale and a sweetly sentimental, full-length Hollywood cartoon, but which is in its original form an unrepentant attack upon the stupidities of mankind and the fragility of human reason. Gulliver's Travels was Swift's most popular work, even among some of his former enemies, and it transcended many of the prejudices that had been imposed on him as a writer. The book did, however, contain materials which offended the faint-hearted.
Swift continued to write through the 1730's and to take an active part in Irish life, although he became increasingly infirm in the late 1730's. Some observers suggest that the imaginative excesses of his satires, with their wild sexual and scatological themes, indicate that Swift was mentally warped. Writers of that period, however, were less puritanically fastidious than one would expect, and human sewage (which Swift often uses as a reminder of human limitations) was a common sight in the open ditches of the cities and towns, as well as a common metaphor in the poetry of John Dryden and Alexander Pope.
In his old age, Swift's mental facilities began to deteriorate, and in the last three years of his life, he was unable to care for himself. It may seem appropriate that he should wind up mad, having often turned the insane conduct of the human race into high art. Swift knew how slim the human hold of reason was, and he left his estate for the founding of a mental hospital in Dublin, which still exists today.
Gulliver, a decent man, lands up on the shore of reality in the final book of Gulliver's Travels desperately unhappy. Wretchedly unhinged, he stuffs herbs up his nose because he cannot stand the smell of his family and hangs about his barn trying to teach his horses to talk. Too much sight-seeing, too much constant adjustment to the too-tiny, the too-large, the too-unreasonable, the too-unhuman have worn him out mentally. Swift, in his clear-eyed understanding of the follies and fragilities of men (which he so often commented on in his art and in his normal life as a man of action and involvement) lived cruelly long enough to become a Struldbrugg; life imitated art. Johnson had died, long before, in 1728. Swift was buried near her in St. Patrick's.
Samuel Johnson, the great eighteenth century critic, who was not immune to critical stupidities, tried to dismiss Gulliver's Travels with the comment that once one had thought of the big and little men, the rest was easy. The way he used his ideas, however, is what distinguishes Jonathan Swift's writing. Not only did Swift possess wide tonal range (he is a more amusing writer than is usually presumed), but also the multiplicity of satiric insights, even in the shortest works, so often specifically written to comment upon an occurrence of the moment, makes his canon quite as readable today as when it was written.
Swift usually wrote satire from the "inside"; he rarely attacked in his own voice, but rather invented mouthpieces, personas who represented some aspect of the subject. Sometimes they were part of the problem (as in A Tale of a Tub or in the Bickerstaff writings), sometimes victims (as in The Drapier's Letters to the People of Ireland), and sometimes, as in Gulliver's case, innocent bystanders who occasionally acted foolishly themselves. In A Modest Proposal for Preventing the Children of Poor People of Ireland from Being a Burden to Their Parents, the speaker is informed and sympathetic but ultimately stupid and unfeeling, since Swift wanted to criticize not only the British and the feckless Irish but also humans with their beastly bureaucratic, professional tendency to insensitive tunnel vision. He never approached a subject simply, or without art in mind.
Once he had thrown over Temple's advice about writing poetry of praise and started to use it as an adjunct to his satirical prose, Swift became a fine poet, although he was modest about it and deemed himself less gifted than his friend Pope. His political writing (once it is understood that the writer of party affiliation does not necessarily speak true) is lithe, lively, bristlingly intelligent, and often charmingly mischievous. His personal correspondence shows that his gift for turning language into art could be applied to something as simple as asking someone to dinner or as slyly complicated as telling a bishop to jump in the lake without actually saying so.
Saddeningly underestimated or shunned because of misreadings of Gulliver's Travels in particular, Swift's work, in its substantial volume and constantly high literary quality, and his life, in all its multiplicity of complication and incident, are together an example of how the artist can use his finest talent to meet the day-to-day problems of his time without losing the chance for immortality.
Ehrenpreis, Irvin. Swift: The Man, His Works, and the Age. 3 vols. London: Methuen, 1962-1983. This definitive biography is entertaining, accurate, and determined to place Swift's works clearly in the context of his life.
Foot, Michael. The Pen and the Sword. London: McGibbon and Kee, 1957. Written not by a scholar but by a political journalist and former leader of the British Labour Party, this work takes Swift through his career as the political spokesman of the Tory Party in their 1710-1714 government of Great Britain. Very good on the ways of the political world by a man who knows it.
Landa, Louis. Swift and the Church of Ireland. Oxford: Oxford University Press, 1954. To understand the satire is to understand Swift as a cleric practicing theology and politics hand-in-hand.
Price, Martin. Swift's Rhetorical Art: A Study in Structure and Meaning. New Haven, Conn.: Yale University Press, 1953. One of the best critics on the period in general and a constant commentator on Swift, Price carefully explores the technical complexities of Swift's work in this book.
Quintana, Ricardo. Swift: An Introduction. Oxford: Oxford University Press, 1962. A good short introduction to the ambiguous art and personality of Swift. Always sensible, Quintana brings his formidable knowledge to bear without pedantry. An excellent starting point.
Rosenheim, E. W. Swift and the Satirist's Art. Chicago: University of Chicago Press, 1963. Explores the range of Swift's satire from its most corrosively aggressive to its most mildly comic. Invaluable for understanding the subtle nature of his work and its layered mixing of tone and meaning.
Starkman, Miriam Kosh. Swift's Satire on Learning in "A Tale of a Tub." Princeton, N.J.: Princeton University Press, 1950. Swift believed, as did others, that A Tale of a Tub was his masterpiece. It is, like James Joyce's Ulysses (1922), a book that obliges the reader to train for it; Starkman provides helpful orientation.
Williams, Kathleen. Jonathan Swift and the Age of Compromise. Lawrence: University of Kansas Press, 1958. The best book for placing Swift in the context of the ideas of his age and for explaining his maddening habit of refusing to tell the reader where the moral norm was and how to respond to it.
How does the social criticism of Oliver Goldsmith compare to that of Jonathan Swift?
What is the most famous quotation in Jonathan Swift's "A Modest Proposal"?
Jonathan Swift's The Lady's Dressing Room and Lady Montagu's The Reasons, do both poems accomplish their intent?
Discuss the view that Swift was a misanthrope.
What is "The Lady's Dressing Room" about, and what is Lady Montagu's response to it?


DOUBLE CREMATION IN AN ALGONQUIN, ILL., BLAZE.
Elgin, Ill., Aug. 18. -- FRANK KASEAR and his four-year-old daughter, HILVIA, were burned to death in a fire which destroyed their residence and several other buildings at Algonquin, a small village near here, early this morning.
The fire started in KASEAR'S hours. When aroused KASEAR managed to get his wife and two children out safely, but before he could reach HILVIA, a portion of the floor fell in, carrying the child down. KASEAR was crazed with grief and resisted the efforts of neighbors to drag him from the burning structure, clinging to the door frame until the roof fell in, burying him in the blazing mass. The pecuniary losses aggregate but a few thousand dollars.