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204 F. 2d 745 - United States v. Jones
204 F2d 745 United States v. Jones
JONES.
No. 10607.
United States Court of Appeals Seventh Circuit.
February 20, 1953.
Rehearing Denied May 19, 1953.
Charles J. Monahan, Chicago, Ill., for appellant.
Otto Kerner, Jr., U. S. Atty. and Richard E. Gorman, Asst. U. S. Atty., Chicago, Ill., for appellee.
Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.
LINDLEY, Circuit Judge.
Defendant appeals from a conviction and sentence following a jury verdict of guilty on an indictment in fifteen counts charging violations, in five, of the purchase provisions of the Harrison Narcotic Act, 26 U.S.C. § 2553(a), in five others, of the sales provisions, 26 U.S.C. § 2554(a), and in the remaining five, of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 174. He contends that evidence of damaging import, introduced over his motion to suppress, had been obtained in violation of the search and seizure provisions of the Fourth Amendment to the Constitution.
The indictment was returned on July 26, 1951, and a bench warrant for defendant's arrest issued immediately. At approximately the same time, Agent Fields, acting for the Bureau of Narcotics, procured a search warrant for a building located at 5420 Indiana Avenue, Chicago, which the government has, at all times, conceded to have been invalid.
Fields, accompanied by Kreiger, a "Treasury Enforcement Agent, assigned to the Bureau of Narcotics",1 proceeded to the address specified. Neither of them had with him the warrant for defendant's arrest, but both were aware of its issuance and of the return of the indictment. Entering the building and observing defendant emerging from the first floor apartment, they approached him, notified him that he was under arrest upon the charges contained in the indictment and searched his person, finding a quantity of heroin hydrochloride and a number of bills identifiable by their serial numbers and, according to the government's evidence, used by an informer in the purchase of narcotics from defendant. Defendant stated that he was only a "roomer"; that his landlady was a respectable person and did not know his business and that, to prevent disturbance, he would show the agents where the "stuff" was, and led them to his room, pointing out a dresser drawer. There the agents found substantial quantities of heroin hydrochloride and paraphernalia usually employed by narcotic traffickers in weighing, measuring and packaging narcotics. The agents then left the premises with defendant in their custody.
Prior to trial defendant moved to suppress as evidence all articles taken from his person and his quarters on the grounds: (1) the "search warrant * * * was invalid," (2) the Agents "held no search warrant for a search of defendant's person"; (3) "the search warrant for the premises specifically excluded a search of defendant's person"; (4) the "Government Agents had no arrest warrant for defendant." In reply to the motion the government conceded that the search warrant was void but urged "that the evidence seized at the time of the defendant's arrest from his person and in the apartment * * * was seized incident to a lawful arrest."
It is well established that the insufficiency of a search warrant is immaterial when the search and seizure may be otherwise justified. Marron v. United States, 275 U.S. 192, 48 S.Ct. 74, 72 L.Ed. 231; Vachina v. United States, 9 Cir., 283 F. 35, 36; Fryar v. United States, 6 Cir., 3 F.2d 598; Billingsley v. United States, 8 Cir., 16 F.2d 754, 756; Lee Kwong Nom v. United States, 2 Cir., 20 F.2d 470, 472; State ex rel. Merrell v. District Court, 72 Mont. 77, 231 P. 1107, Cf. Murby v. United States, 1 Cir., 293 F. 849, 852. "When a man is legally arrested for an offense, whatever is found upon his person or in his control which it is unlawful for him to have and which may be used to prove the offense may be seized and held as evidence in the prosecution." Carroll v. U. S., 267 U.S. 132 at page 158, 45 S.Ct. 280, 287, 69 L.Ed. 543. In the present case, the trial court found that the search had been made in pursuance of and as an incident to the arrest, overruled the motion and received in evidence the articles taken from defendant's person and those found in the room at 5420 Indiana Avenue.
In his argument before the trial court, counsel for defendant made no contention that the agents were not legally empowered to make an arrest but argued only that the search warrant was invalid and the search unlawful because the officers had no warrant. The contention now made is an obvious after-thought. In his statement of points relied upon on appeal, defendant, for the first time, raised the ground upon which he seeks reversal in the averment: "Narcotic agents have no authority to execute warrants of arrest." At no time prior to the trial, during its pendency, or, at its conclusion, by a motion for new trial or otherwise, was the contention presented to the trial court that such agents possess no power to arrest. Instead, after the government's concession of invalidity of the search warrant and its declaration that it was relying upon a search made in pursuance of and incidental to an arrest, defendant's position in the District Court was solely and specifically that the arrest was unlawful because the arresting officers were not in possession of the bench warrant at the time the arrest was made. At no time did he question the agents' statutory power to arrest persons charged with violation of the several acts relating to narcotic drugs.2
Rule 9(c) (1) of the Federal Rules of Criminal Procedure provides, 28 U.S.C. that a warrant issued upon an indictment "shall be executed * * * as provided in Rule 4(c) (1), (2) and (3)." Rule 4(c) (1) that the "warrant shall be executed by a marshal or by some other officer authorized by law" and Rule 4(c) (3) that "the officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible [and] * * * shall * * * inform the defendant of the offense charged and of the fact that a warrant has been issued." See United States v. Donnelly, 7 Cir., 179 F.2d 227, for application of these rules. Inasmuch as the testimony adduced during the hearing on the motion to suppress supported a finding that the requirements of Rules 4 and 9 had been complied with, i. e., that, at the time of his arrest, defendant was informed of the charges against him and advised that a warrant for his arrest had issued, and that he was, subsequently, shown the warrant and as no question of the power to arrest was raised, it is clear that the court, as apparently did defendant, assumed sub silentio that the agent's power to arrest was unquestioned.
Generally speaking, appellate courts will not recognize or determine assigned errors not previously brought to the attention of the trial court. This rule is, among other reasons, designed to effectuate the orderly administration of justice and is founded upon sound reasoning. It has been applied in a situation similar to the one before us. See Cromer v. United States, 78 U.S.App.D.C. 400, 142 F.2d 697, certiorari denied 322 U.S. 760, 64 S.Ct. 1274, 88 L.Ed. 1588. However, Rule 52(b) of the Federal Rules of Criminal Procedure provides that "Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court." By judicial interpretation this Rule has been read to mean not brought to the attention of the trial court. United States v. Raub, 7 Cir., 177 F.2d 312.
The application of Rule 52(b) rests, in large measure, upon the exercise of our sound judicial discretion. United States v. Jonikas, 7 Cir., 187 F.2d 240; United States v. Williams, 2 Cir., 146 F.2d 651. Even prior to the adoption of Rule 52(b), the Supreme Court gave some indication of when the discretion should be exercised in favor of review in these words: "In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, * * * notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings." United States v. Atkinson, 1936, 297 U.S. 157, 160, 56 S.Ct. 391, 392, 80 L.Ed. 555.
In U. S. v. Raub, 7 Cir., 177 F.2d 312 at page 315, we said: "Such errors must, however, be substantial and capable of resulting in miscarriage of justice to warrant the reversal of a judgment of conviction based on ample evidence." We are of the opinion that the circumstances of this case are such that we are fully justified in refusing to review the alleged error. In view of the failure of defendant's counsel to advance the explicit contention here asserted, but "consciously failed to save the point" in the court below, we can not say that the error was obvious. Thus, where defendant failed to raise in the trial court the question relied upon on appeal, we refused to apply the rule inasmuch as there was no obvious error and no showing of mistake "seriously" affecting "the fairness, integrity, or public reputation of judicial proceedings." U. S. v. Jonikas, 7 Cir., 187 F.2d 240. There the evidence indicated guilt beyond all reasonable doubt. Here there was voluminous testimony of the repeated sales and possession of narcotics charged in the indictment, irrespective of the physical evidences obtained, subsequent to the indictment, in the search.
Nor can it be convincingly argued, that, in view of the overwhelming evidence over and above that of which complaint is made and defendant's failure to raise the point now relied upon below, the case is one seriously affecting the "fairness, integrity or public reputation of judicial proceedings." We shall not, in a flagrant case, give cognizance to a complaint first made to us and thus give defendant two bites at the same cherry, by declaring erroneous action of the trial court, the fault of which defendant did not see fit to make the court aware, when he had the opportunity to do so. In a similar situation the Supreme Court said: "Inasmuch as the issue would lead to exploration of the law * * * when the defense was not raised in either court below, * * * we do not undertake to determine on this record whether Di Re's arrest satisfied this provision of the New York law." United States v. Di Re, 332 U.S. 581, 588, 68 S.Ct. 222, 225, 92 L.Ed. 210. The rule that an appellate court will not notice errors not brought to the attention of the trial court is founded upon considerations of fairness to the court and to the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact. U. S. v. Atkinson, 297 U.S. 157, 160, 56 S.Ct. 391, 392, 80 L. Ed. 555. The court, in that case, after commenting upon the unusual cases where the exception to the rule (as expressed in Rule 52(b) will apply, said: "But no such case is presented here. The judgment must be affirmed for the reason that the error assigned was not made the subject of appropriate exception or request to charge upon the trial." We think the same result must follow here.
We should observe further that the evidence upon the hearing of the validity of the search was such that the trial court might very properly have believed that defendant consented to the search of the apartment and waived any objection to it, at the time it occurred. Under the Fourth Amendment the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, may not be violated. But a defendant can consent to a search of his property, and a search made as a result of such consent or with his acquiescence does not violate this amendment. Numerous instances of the application of this doctrine appear in the footnote.3 Thus, in Stobble v. U. S., 7 Cir., 91 F.2d 69, 70, where defendant pointed out to the officers a box on a table and said: "There is the stuff", and picked up the box and handed it to the officer, who opened it and found therein narcotics, we said 91 F.2d at page 71: "She is in no position to complain of a seizure made under such circumstances. Howell v. United States, 5 Cir., 296 F. 911; Key v. United States, 8 Cir., 26 F.2d 241."
In view of our conclusions, we do not reach the question attempted to be raised here for the first time of whether a "Treasury Enforcement Agent, assigned to the Bureau of Narcotics" or a Narcotic Agent has power to make the arrest. Perhaps, however, we should observe, by way of clarification, that U. S. v. Pisano, 7 Cir., 193 F.2d 361, is not decisive of that question. That case was similar to the instant one in that there, as here, (1) the defendants had been indicted for violations of the Harrison Act, (2) a bench warrant had issued for their arrest, (3) they had been arrested, at their apartment, by agents of the Bureau of Narcotics, and (4) a search of the apartment had followed, revealing incriminating materials subsequently introduced at trial, over defendants' motion to suppress. No question as to the authority of Federal Narcotic Agents to arrest was raised; the scope of our inquiry was limited to the validity of an arrest without possession of an existing bench warrant and the reasonableness of the incidental search. We merely assumed without question, as did the parties, that Narcotic Agents possess the power to arrest persons accused of violating the several narcotic laws. Under the circumstances there existing, the decision is not determinative of the point sought to be raised here.
The judgment is affirmed.
1. In so far as we are advised, this designation is a civil service classification.
2. On oral argument before this court, appellant's counsel stated that he had advanced the proposition relied upon in argument before the District Court. A careful reading of the printed transcript, which, by stipulation of counsel, is the entire record in the proceedings below, reveals that at no time was this argument advanced to the District Court.
3. Campbell v. U. S., 6 Cir., 151 F.2d 605; Hodges v. U. S., 10 Cir., 35 F.2d 594, modified 10 Cir., 36 F.2d 356; Cantrell v. U. S., 5 Cir., 15 F.2d 953, certiorari denied 273 U.S. 768, 47 S.Ct. 572, 71 L.Ed. 882; Grice v. U. S., 4 Cir., 146 F.2d 849; U. S. v. Shules, 2 Cir., 65 F. 2d 780; Poetter v. U. S., 9 Cir., 31 F.2d 438; Lisansky v. U. S., 4 Cir., 31 F.2d 846, 67 A.L.R. 67, certiorari denied 270 U.S. 873, 49 S.Ct. 514, 73 L.Ed. 1008; Windsor v. U.S., 6 Cir., 286 F. 51, certiorari denied 262 U.S. 748, 43 S.Ct. 523, 67 L.Ed. 1212.
Petition for Rehearing
Before MAJOR, Chief Judge and DUFFY and LINDLEY, Circuit Judges.
Since our opinion was announced, defendant has filed a petition for rehearing and a motion for leave to supply in the record a colloquy in the District Court not included in his designation of what was to be included and hence not submitted to us. In view of the character of these two documents and the seriousness of the questions raised we have thought it well to submit this supplemental opinion. In order to portray clearly the nature of the motion to supply additional matter and the issue raised therein, it is necessary to add somewhat to the facts stated in our original opinion.
Defendant, on December 12, 1951 filed in the District Court his motion to supress evidence seized at the time of his arrest, on the grounds that the agents making the search had "no valid search warrant", and that the agents "held no arrest warrant". No other ground was asserted. The government answered, conceding that no valid search warrant had issued but contending that the property had been seized as an incident to the arrest. At the hearing on the motion and answer, at which extended evidence was presented, February 8, 1952, defendant's counsel stated his position thus: "* * * they are shifting their position and trying to have it appear that they did not make this search or make this arrest by reason of the search warrant, but they made it upon some other ground, I don't know what." He also said that, though the government admitted that no valid search warrant had issued, "The ground of (my) motion is that the affidavit of the complaint attached to the search warrant, upon which the search warrant is based, is insufficient in that it fails to state any fact from which the Commissioner would determine the existence of probable cause * * *." He made not the slightest suggestion at this hearing on the merits of his motion that the agents were without authority to make an arrest. Consequently, inasmuch as the property had been seized as an incident to defendant's arrest, the court denied the motion.
Defendant was sentenced on April 3, 1952, and on the same day filed notice of appeal. On April 9, defendant filed his "designation of contents of the record on appeal", in which he requested, in so far as a transcript of testimony was concerned, only a transcript of the evidence taken "at the hearing of the motion to * * * suppress evidence heard on February 8, 1952" and a transcript of the evidence taken upon the trial of the cause, April 1, 2, 1952. On April 11, he filed his statement of points to be relied upon on appeal, setting up, among others, the ground that narcotic agents have no authority to make arrests. Thus it will be seen that defendant did not designate any colloquy or any evidence other than that taken at the hearing on the motion on February 8 and at the trial. The reporter certified to the evidence taken at the hearing of the motion on July 5, 1952 and to the evidence taken at the trial on the same day, so that the record came to us on defendant's own designations.
Relying upon what he had brought to us, we decided the case and announced our opinion. Now, subsequent to the complete determination of the cause, he seeks to amend his designation of contents of the record and to supply a supplemental transcript, which consists only of a colloquy between the court and defendant's counsel on January 10, 1952, concerning the search, practically a month before the full hearing on the motion and answer. On January 10 defendant announced that he wanted to take some evidence, and the court thereupon set the hearing for February 8. In the course of the colloquy, defendant did suggest that narcotic agents had no right to arrest, saying that he had been searching for some rule which authorized them to make arrests and could not find any. It thus appears undisputed that even though defendant did have a colloquy with the court on January 10 and mentioned the contention now raised, he did not thereafter raise the point at the hearing on the merits of his motion at the time evidence was taken and complete hearing had or at any other time prior to judgment. Not one word was mentioned at that hearing concerning lack of authority of agents to arrest. In such situation defendant must be held to have abandoned the point.
Moreover we seriously question whether defendant may, after final decision in this court, amend his original designation in the District Court. He knew then what had happened in the trial court; yet he designated only the evidence at the two specified hearings. He says now that the reporter was ill and did not get the two transcripts ready until July. But this creates not the slightest excuse for his not having included what he now wants in his designation.
Thus it is clear, we think, that, for the two reasons mentioned, there can be, under the record properly considered, no basis for reversal of the judgment. However, defendant's contention is so zealously pressed that, in order that our position may be clear, we think it best to meet it upon the merits. Consequently we have taken into consideration the supplemental matter tendered by defendant and assumed, arguendo, that the question is properly before us.
At the outset, perhaps, we should observe that, inasmuch as, after careful search, we have found no statute literally conferring upon agents of the Narcotic Bureau power to arrest, we have examined the statutes of Illinois, for, "* * * In absence of an applicable federal statute the law of the state where an arrest without warrant takes place determines its validity." United States v. Di Re, 1948, 332 U.S. 581, 589, 68 S.Ct. 222, 226, 92 L.Ed. 210. See also Johnson v. United States, 1948, 333 U. S. 10, 15, 68 S.Ct. 367, 92 L.Ed. 436; United States v. Coplon, 2 Cir., 185 F.2d 629, 28 A.L.R.2d 1041; Dorsey v. U. S., 5 Cir., 174 F.2d 899.
The Illinois Revised Statute, c. 38, sec. 657 (1951) is:
"An arrest may be made by an officer or by a private person without warrant, for a criminal offense committed or attempted in his presence, and by an officer, when a criminal offense has in fact been committed, and he has reasonable ground for believing that the person to be arrested has committed it." It is immediately apparent that an "officer" could have lawfully arrested defendant, under this statute, irrespective of a warrant, if he was aware of the return of the indictment, for he would have had "reasonable ground for believing that the person to be arrested" had committed a crime. In other words, the measure of validity of the arrest under Illinois law, insofar as official action is concerned, is, essentially, the same as that under the federal law. It is clear also that if not legally authorized to make an arrest, the arresting officers, as private persons, under the state statute, had no authority to arrest, for the Illinois statute empowers a private person to arrest only for "a criminal offense committed or attempted in his presence." This is more restrictive than the common law, which allowed a private person to arrest when a crime had actually been committed and he had reasonable ground for believing the individual arrested had committed it, Bishop's New Criminal Procedure, Secs. 165, 168, and distinguishes decisions in states where the common law rule is in effect, such as United States v. Lindenfield, 2 Cir., 142 F.2d 829 and U. S. v. Coplon, 2 Cir., 185 F.2d 629, 28 A.L.R.2d 1041. And, despite the fact that the Illinois statute is in derogation of the common law, it has been given its literal, restrictive meaning. Thus, in Enright v. Gibson, 219 Ill. 550, at page 554, 76 N.E. 689, at page 691, the Illinois Supreme Court, following a review of the common law and the statutory terms, concluded: "* * * an officer may also arrest where the criminal offense has in fact been committed and he has reasonable grounds for believing the person arrested has committed it. But this * * * power is not extended to a citizen by the statute." Therefore, in order that this arrest be valid under Illinois law it was necessary that the officers were entitled to arrest or, if not, that defendant either had committed or attempted a criminal offense in the presence of private parties making the arrest, i. e., the narcotic agents. We turn then to the federal authorities.
On June 14, 1930, Congress created the Bureau of Narcotics, 5 U.S.C.A. § 282, to carry out all statutory functions with regard to narcotics. By section 282b(b), the Secretary of the Treasury was authorized to confer or impose rights, privileges, powers and duties in respect to narcotic drugs upon the commissioner of narcotics and officers or employees of the Bureau of Narcotics. Section 2559, Title 26 empowered the Secretary of the Treasury to make all "needful" rules and regulations for carrying out provisions dealing with narcotics, and authorized regulations promulgated by the Commissioner of Narcotics and Commissioner of Internal Revenue. Lewis v. U. S., 9 Cir., 170 F.2d 43. By section 3170, Title 26, the Secretary was authorized to confer upon the Commissioner and any of his assistants, agents, or employees, and upon any other officer, employee, or agent of the Treasury Department, the rights, privileges, powers and duties, conferred upon the Secretary, or any officer or employee of the Treasury Department, by any law then or thereafter in force relating to the taxation, exportation, transportation, manufacture, possession, or use of, or traffic in, distilled spirits, wine, fermented liquors, or denatured alcohol. 53 Stat. 373, amended Mar. 17, 1941, c. 21, § 1, 55 Stat. 45, eff. Feb. 11, 1939.
The Secretary, in pursuance of this statutory authority, entered Regulation 206.3, C.F.R. 1946 Supplement, page 3030, which conferred upon the Commissioner of Narcotics all the functions of the Bureau and reaffirmed an earlier delegation of authority in revised form, defining such functions in paragraph (1) (e) IV of the revised regulation as follows: "There are hereby conferred and imposed upon the officers and employees of the Bureau of Narcotics, including the agents, inspectors, and other employees in the field service, all the rights, privileges, powers, and duties conferred or imposed upon the assistants, agents, and inspectors of the Commissioner of Internal Revenue. * * * All such officers and employees of the Bureau of Narcotics, including the agents, inspectors, and other employees of the field service, shall have, in the performance of their functions under the narcotic drug laws, all the rights, privileges and powers of internal revenue officers." Under reorganization plan 26 of 1950, 5 U.S.C.A. § 133z, the Secretary of the Treasury reacquired all delegated power and authority, but, by order #120 dated July 31, 1950, he redelegated all functions, powers and privileges to the officials as they were just prior to the effective date of the reorganization plan.
Regulations such as the one referred to above, promulgated under specific statutory authority from Congress, are "legislative regulations" having the force of law upon promulgation, and so long as they are confined within limits of statutory delegation, their force will be recognized by courts. Seattle-First Nat. Bank v. U. S., D.C.Wash.1942, 44 F.Supp. 603, affirmed 9 Cir., 136 F.2d 676, affirmed 64 S.Ct. 713, 321 U.S. 583, 88 L.Ed. 944. It follows that under these various statutory provisions and regulations and others entered in pursuance thereof not necessary to be mentioned here, narcotic agents have all the authority of Internal Revenue officers.
Among the powers of such officers are the following: Under Title 26, section 3601(a) (1), they may enter, in the daytime or nighttime, any building or place where any articles or objects subject to tax are made, produced, or kept, so far as it may be necessary for the purpose of examining the same. Under Section 3654, Paragraph (c) "Every internal revenue agent shall see that all laws and regulations relating to the collection of internal revenue taxes are faithfully executed and complied with, and shall aid in the prevention, detection, and punishment of any frauds in relation thereto. (Italics supplied.) 53 Stat. 446." Under section 3720, Title 26, Paragraph (b), property may be seized. Under section 4003 "The agents whose employment is authorized * * * shall have all the powers of entry and examination conferred upon any officer of internal revenue by section 3601 and sections 2828, 2839, and 2857". Under section 2827, any such officer may enter into any distillery or building or place used for the business of distilling, or used in connection therewith, and whenever he is not admitted, he may break into the distillery to enable him to enter. Under sections 2828, 2830, 2839 internal revenue officers are granted further wide powers to enter, to seize and even to destroy certain property.
Section 3121(a) is as follows: "The Commissioner, his assistants, agents, and inspectors, and all other officers, employees, or agents of the United States, whose duty it is to enforce criminal laws, shall have all the rights, privileges, powers, and protection in the enforcement of the provisions of this part which are conferred by law for the enforcement of any laws in respect of the taxation, importation, exportation, transportation, manufacture, possession, or use of, or traffic in, intoxicating liquors." See also in this respect 26 C.F.R. 183.433; 190.484; 182.943. Section 182.957 of 26 C. F.R. is to the same effect.
Without quoting further, it appears that internal revenue officers have been given unique wide powers to see that all laws and regulations relating to revenue are "faithfully executed and complied with" and directed to "aid in the prevention, detection and punishment" of violations; that they have all the authority "conferred by law for the enforcement of any laws in respect to taxation, importation, exportation, transportation, * * * possession or use of, or traffic in intoxicating liquors", and powers of entry and seizure unknown to other governmental officers. They are enforcement officers charged directly with the power and duty to detect and prevent violations of the law and to bring about effective enforcement. These unprecedented broad powers, must, of necessity, we think, include the incidental power to arrest one found to be violating the law; to take into custody one whom they know to be violating the law which they are charged to enforce, and to prosecute violators. The obvious purpose of such unusually liberal powers, which Congress has seen fit to confer upon internal revenue officers, was to promote enforcement of the laws, to detect and prevent violations thereof and to further the prosecution of offenders. To this end, these powers, we think, must include the power to execute the law, to "put it in force" "to cause it to be executed" or "performed," to put it in "execution by force"; "to cause" the law "to take effect" "to compel obedience". See 14A Words & Phrases, Enforce, p. 182; 30 C.J.S. Enforce, p. 245; Tennant v. Kuhlemeier, 142 Iowa 241, 120 N.W. 689, 693. The authority conferred by the various statutes evinces, we think, a clear intent to include the arrest of offenders.
In construing any statute, anything within the clear intention of the legislative body enacting it is within the statute, though not within the strict letter of the law. People ex rel. v. Stratton, 335 Ill. 455, 167 N.E. 31; People v. Elgin Home Protective Ass'n, 359 Ill. 379, 194 N.E. 584. Statutes are to be construed as a whole. Village of Glencoe v. Hurford, 317 Ill. 203, 148 N.E. 69. The court must read the entire act and from the words used determine the legislative intent. Armour Grain Co. v. Pittsburgh, C., C. & St. L. R. Co., 320 Ill. 156, 150 N.E. 650. So, though the term arrest is not used in the statute, the language employed necessarily implies that such power was included.
Necessary implication refers to a logical necessity; it means that no other interpretation is permitted by the words of the Acts construed; and so has been defined as an implication which results from so strong a probability of intention that an intention contrary to that imputed cannot be supported. 42 C.J.S., page 405 and cases there cited. The term is used where the intention with regard to the subject matter may not be manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances and the general language. Burford v. Huesby, 35 Cal.App.2d 643, 96 P.2d 380; Goldfein v. Continental Ins. Co., 125 Neb. 112, 249 N.W. 78; 42 C.J.S., page 406. Consequently that which is implied in a statute is as much a part of it as that which is expressed, for a statutory grant of a power carries with it, by implication, everything necessary to carry out the power and make it effectual and complete. Thus, in determining the validity of official action, regard must be had to the authority conferred, which embraces every action which may properly constitute an aid to the enforcement of the law, Tinkoff v. Campbell, D.C. Ill., 86 F.Supp. 331, for, in addition to powers expressly conferred on him by law, an officer has by implication such powers as are necessary for the due and efficient exercise of those expressly granted, or such as may be fairly implied therefrom. State ex rel. Taylor v. Superior Court, 2 Wash.2d 575, 98 P.2d 985. A general grant of power, unaccompanied by definite directions as to how the power is to be exercised, implies the right to employ means and methods necessary to comply with statutory requirements. We approve the language employed by Judge La Buy in Tinkoff v. Campbell, D.C., 86 F.Supp. 331, 332 quoted from Cooper v. O'Connor, 69 App.D.C. 100, 99 F. 2d 135, 139, 118 A.L.R. 1440: "It is not necessary — in order that acts may be done within the scope of official authority — that they should be prescribed by statute (U. S. v. Birdsall, 233 U.S. 223, 230-231, 34 S.Ct. 512, 58 L.Ed. 930 [934]); or even that they should be specifically directed or requested by a superior officer. Mellon v. Brewer, 57 App.D.C. 126, 129, 18 F.2d 168, 171, 53 A.L. R. 1519, certiorari denied 275 U.S. 530, 48 S.Ct. 28, 72 L.Ed. 409. It is sufficient if they are done by an officer `in relation to matters committed by law to his control or supervision.' (Italics supplied.) Standard Nut Margarine Co. v. Mellon, 63 App.D.C. 339, 341, 72 F.2d 557, 559, certiorari denied 293 U.S. 605, 55 S.Ct. 124, 79 L.Ed. 696; or that they have `more or less connection with the general matters committed by law to his control or supervision.' (Italics supplied.) (Spalding v. Vilas, 161 U.S. 483, 498, 16 S. Ct. 631, 637, 40 L.Ed. 780; and see Lang v. Wood, 67 App.D.C. 287, 288, 92 F.2d 211, 212)".
We conclude that the motion to add additional matter, the colloquy, comes too late; that defendant, in the trial court, waived and abandoned the point now attempted to be raised; that, upon the merits, assuming for the purpose of this decision that the point is before us, the narcotic agents had statutory authority to make the arrest, and, incidentally thereto, to search and seize the articles found on the person of defendant and in his apartment. Accordingly the supplemental matter may be filed. The petition for rehearing is denied.


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The Afghan government recently announced the dates (May 7-9, although still subject to change) for a consultative assembly in Kabul under the general rubric of negotiations with the armed opposition in the country.
Article 111 of the Constitution states that a Loya Jirga ought to be held under three circumstances -- to amend the Constitution, to "prosecute" the President and to "take a decision on issues related to independence, national sovereignty, territorial integrity, and the supreme interests of the country." Peace is obviously a clear supreme interest for Afghanistan; most past Loya Jirgas have been held with the objective of ensuring peace and stability in the country.
But many here in Afghanistan believe the reason why the government has decided to drop the Loya Jirga descriptor for this assembly is mainly that it fears a majority of delegates might adopt decisions or resolutions on key issues that would be difficult for the government and international community to accept or implement. One such decision could be to require foreign troops to leave Afghanistan immediately or within a specified short-term timeframe. Another such theoritical scenario could be a resolution or decision to annul President Karzai's re-election. If such a decision were taken by the Loya Jirga and the government or international community refused to comply, it could further destabilize the already shaky political situation in the country.
I'll talk about an alternative view about the upcoming assembly in my next blog.
Janan Mosazai is a freelance journalist and civil society activist based in Kabul. He formerly worked as a political affairs officer with the United Nations in Afghanistan.


text:
/**
 * @fileoverview Blocks for ComputerCraft Vector API
 * @author ellen.spertus@gmail.com (Ellen Spertus)
 */
'use strict';

Blockly.ComputerCraft.VECTOR_BLOCK_COLOUR_ = 290;

Blockly.ComputerCraft.VECTOR_FUNCS_ = [
  {funcName: 'new',
   text: 'create vector (%1, %2, %3)',
   args: [['X', 'Number'], ['Y', 'Number'], ['Z', 'Number']],
   output: 'Vector',
   tooltip:
   'Create a vector with the given x, y, and z co-ordinates.'},
  {blockName: 'add_sub',
   text: 'vector %1 %2 vector %3',
   args: [['X', 'Vector'],
          ['OP', new Blockly.FieldDropdown(
            [['+', 'add'],
             ['-', 'sub']])],
          ['Y', 'Vector']],
   ddFuncName: 'OP',
   output: 'Vector',
   tooltip:
   'Compute the sum or difference of two vectors.\n' +
   'This does not modify either of the input vectors.'},
  {funcName: 'mul',
   text: 'vector %1 x scalar %2',
   args: [['V', 'Vector'],
          ['N', 'Number']],
   output: 'Vector',
   tooltip:
   'Create a vector that scales the input vector by the input number.\n' +
   'This does not modify the input vector.'},
  {funcName: 'dot',
   text: 'vector %1 · vector %2',
   args: [['X', 'Vector'],
          ['Y', 'Vector']],
   output: 'Vector',
   tooltip:
   'Compute the dot product of the two inputs vectors.\n' +
   'This does not modify either of the input vectors.\n'},
  {funcName: 'cross',
   text: 'vector %1 x vector %2',
   args: [['X', 'Vector'],
          ['Y', 'Vector']],
   output: 'Vector',
   tooltip:
   'Create a vector that is the cross product of the two inputs vectors.\n' +
   'This does not modify either of the input vectors.\n'},
  {funcName: 'length',
   text: 'length of vector %1',
   args: [['X', 'Vector']],
   output: 'Number',
   tooltip:
   'Calculate the length of the input vector.\n' +
   'This is defined as the distance from the origin.\n'},
  {funcName: 'normalize',
   text: 'normalize vector %1',
   args: [['X', 'Vector']],
   output: 'Number',
   tooltip:
   'Create a vector that is a normalized version of the input vector.\n' +
   'In other words, each of the values will be scaled proportionately\n' +
   'such that the length of the new vector is 1.  The input vector is unchanged.'},
  {funcName: 'tostring',
   text: 'create string for vector %1',
   args: [['X', 'Vector']],
   output: 'String',
   tooltip: 'Create a string representation of the input vector.'},
  // A custom code generator for the block is defined below.
  {blockName: 'get_coord',
   text: 'get the %1 co-ordinate of vector %2',
   args: [['COORD',
           new Blockly.FieldDropdown([['x', 'x'], ['y', 'y'], ['z', 'z']])],
          ['X', 'Vector']],
   output: 'Number',
   suppressLua: true,
   tooltip:
   'Get the specified co-ordinate from the vector.'}];

Blockly.ComputerCraft.VECTOR_FUNCS_.forEach(function(info) {
  Blockly.ComputerCraft.buildValueBlock(
    'vector', Blockly.ComputerCraft.VECTOR_BLOCK_COLOUR_, info);});

Blockly.Lua['vector_get_coord'] = function(block) {
  var code = Blockly.Lua.valueToCode(block, 'X', Blockly.Lua.ORDER_NONE) +
      '["' + block.getTitleValue('COORD') + '"]';
  return [code, Blockly.Lua.ORDER_HIGH];
};

redpajama_set_name: RedPajamaGithub


Our flag with 48 stars flew from 1912-1959, and recently the flag with 50 stars became the longest to fly. Fifty-four years and counting!!!
Bernard J. Cigrand is considered the father of Flag Day. In 1885, as a young teacher at a high school in Waubeka, Wisconsin, Cigrand put a small flag on his desk and told his students to write essays about it. He fought for the rest of his life to formally establish the holiday, according to the National Flag Day Foundation.
The flag has been changed 27 times. The final star, for Hawaii, was added in 1960.
The first time the flag was flown after being adopted was on Aug. 3, 1777 in Rome, New York.
The flag's colors have become significant over time. The white is for purity, the red is for valor and the blue is for justice, according to usflag.org.
The first flag was probably created by Francis Hopkinson, who signed the Declaration of Independence. He requested "a quarter cask of the public wine" as payment for his design. He was rejected.
Betsy Ross sewed the first American flag according to a pattern, which was likely Hopkinson's. Legend has it she changed the six-point stars he'd drawn to five-point ones because they were easier to stitch.
Sea captain William Driver gave the flag its "Old Glory" nickname in 1831, according to usacitylink.com.
The current design of the U.S. flag was created by Robert G. Heft, who made the pattern for a high school project. He earned a B- at first, but when the government chose it, his teacher raised the grade to an A.
There are six American flags on the moon. Five are standing, but Neil Armstrong's fell over.
This year Flag Day coincides with the 240th birthday of the U.S. Army. For more than sixty years the 3rd US Infantry Regiment (The Old Guard which was designated in 1948 to be the Army's official ceremonial unit) has honored America's fallen heroes by placing American flags at gravesites for service members buried at Arlington and Airmen's Home National Cemetery.
They have to hold the record for the most efficient government agency.
Happy Flag Day! Long may she wave!


- Eric Daniel Donnelly has graduated from Florida Gulf Coast University in Fort Myers with a bachelor's degree in business.
- Sarah Weyburn has been awarded the Western Governors University Scholarships for Urban Mathematics and Science Educators from WGU in Salt Lake City.
- Jacksonville Sheriff John Rutherford made his monthly meritorious awards presentation to staff and area residents April 30 at the Jacksonville Sheriff's Office.
Honored were: Police Officer of the Month, Community Affairs Safety Education Off. Kendall Anderson; Corrections Officer of the Month, Pre-Trial Detention Facility Off. Mark Sanborn; Civilian of the Month, Continuous Improvement Unit employee Katherine Troyer; Reserve Officer/Volunteer of the Month, Community Affairs staff member Russell Engel; Police Supervisor of the Month, Mandarin/Southside zone Sgt. J.C. Ladue; and Civilian Supervisor of the Month, Help Desk Supervisor James Holderfield.
Send questions on this column to cindy.holifield@jacksonville.com or call 359-4295.


Unique Selling Position USP: A Simple Way to Break Through the Clutter.
Brands should have as their main focus the customer, and their needs and wants. People will pay more for the experience and peace of mind a (strong) brand can offer. All levels of a company should be tuned into a customer's needs and perceptions.
In this crowded marketplace, what are you doing to set yourself apart? I worked for a company that was afraid to tell the customer that their warranty was void. They offered a one year warranty which is standard in the industry. But, they would replace anything brought back even if it was 10 years old from the fear that they might make one customer unhappy. This being the case, how much assurance would they give to the market/consumer if they stood up and proudly proclaimed that this was their policy—guaranteed for life? They do it anyway? Why not stand behind their position and act like a leader?
People are loyal to a business when they feel they've been treated well and receive good value for their money (this includes dealing with employees). In the current economy, standing out in a crowd is more important than ever before. You need to take proactive steps to make certain you stand out so your customers do not switch to your competitors. Is there a better way to do this than by taking a stand? By being unique? No. People look to leaders and try to form a bond with them. This validates them.
Next, to superior products, a guarantee is one of the most valuable assets your company can have. If you offer a superior guarantee you are standing behind your product and/or service. A guarantee of Excellence is a necessary stepping-stone to maintaining and building customer loyalty. And customer loyalty is what it's all about.
Let's look at some companies that have used this to build revenue. L. L. Bean offers one of the strongest guarantees in the market today*2 and last year sold $1.07 billion of goods. The guarantee made a difference. The loyalty of their customers proves it.
OK. What are some things that you do that can help you stand out in a crowd?
If you are a manufacturer, strive hard to develop unique products and find unique ways to promote them. Consider sponsorships, use your website for how-to guides, offer support, create a community, own your communities market share, or strengthen your customer service. All of these will be spread via word-of-mouth and can be cost-effective ways to stand out in a crowded marketplace.
If you are a retailer, consider image—create a destination, become the professional that customers come to for advice, create a VIP program, improve dress code, create a bounce-back program, offer a newsletter or show off your great service by creating an employee/customer of the month program to name a few.
Remember, you are looking for the things that you do, or can do, that will set you apart from the crowd. When you find them, tout them. Let your customers know how well you do, that which you do. They will recognize it and reward you for your excellence.
Take the time needed to plan and make your future as successful as you want it to be because no one else will do it for you. So, what is your Unique Selling Position?
Daniel C. Felsted is freelance writer specializing in direct marketing, graphic design, customer service, employee retention, & content building. Read more and comment on my blog at http://www.TheImageFoundry.biz.
1 & 2 For reference or to get a copy of L. L. Bean's Guarantee send me an e-mail and I'll forward you a copy.
Our products are guaranteed to give 100% satisfaction in every way. Return anything purchased from us at any time if it proves otherwise. We will replace it, refund your purchase price or credit your credit card. We do not want you to have anything from L. L. Bean that is not completely satisfactory.
Along with L. L. Bean's Golden Rule, our Guarantee has made us what we are today: a company that strives to get it right the first time. That's why every product that bears the L. L. Bean name, since the very first pair of Bean Boots sold in 1912, comes with our rock-solid 100% Satisfaction Guarantee.
If you're not satisfied with your purchase, we'll replace it or give you your money back. It's that simple.
In his day, L. L. field tested products himself – or made sure his employees did – before he gave them the L. L. Bean seal of approval. Today, we continue the tradition and include what we learn firsthand about our products in the descriptions you'll find online and in our catalogs. We hope you'll find our experience helpful the next time you're shopping.
An avid outdoorsman, our founder L. L. Bean decided he could improve on the typical hunting shoe by stitching a pair of waterproof shoe rubbers to leather tops crafted by a local cobbler. After field testing them himself in the fall of 1911, L. L. sold 100 pairs the following spring. To each pair sold, he attached a tag guaranteeing 100% satisfaction. Within a matter of weeks, the shoes began coming back. Ninety pairs were returned, the rubber bottoms separated from the tops. With a small loan, L. L. quickly refined the shoe, making it stronger – and making good on his promise. He replaced all 90 pairs and in the process established a business and a guarantee that is still going strong.
Posted in Internal Marketing Strategies, Marketing, UncategorizedBookmark the permalink.
What Business Are You In? You are in the Customer Service business!


An image of the legendary ranger, Dove.
Dove Falconhand, born Ambara Dove Silverhand, was a ranger, Chosen of Mystra, and one of the Seven Sisters, known for her skill at arms. Most folk in the Realms knew her as a member of the Knights of Myth Drannor who was skilled with bow and sword, but who said little. Fellow Harpers knew her as an accomplished singer and harpist, and also knew she had been raising her son, Azalar Falconhand, in Evermeet. Azalar's father (Dove's husband) was Florin Falconhand of the aforementioned Knights.
Dove was one of seven female spellcasters born to the ranger Dornal Silverhand and his wife Elué, known as the Seven Sisters. She took early and eagerly to the life of an adventurer, and as a result could claim to be a sorceress and rogue, though later in life she seldom used such skills, preferring strength at arms.
She once pursued the renegade drow Drizzt Do'Urden. Following the dark elf for some time, Dove and her companions wished to determine his purpose and his role in the slaying of two barghest whelps. However, Dove came to the conclusion that Drizzt meant no harm and allowed him to go on without pursuit. Later, she was glad to hear of Drizzt becoming the pupil of Montolio Debrouchee and sent a message praising the "deserving drow".
Later, Dove was one of the reasons that Drizzt was denied entrance to Silverymoon on his way to Mithral Hall. Due to the two of them being rangers, and also likely because of her pursuit of him years before, Dove wanted to meet with Drizzt. However, her sister Alustriel Silverhand would not permit it at that time.
Dove married Florin Falconhand, a Knight of Myth Drannor, and bore a child, Azalar Falconhand, in Espar, Cormyr. She was pregnant in 1357 DR. She was absent from Shadowdale for this reason.
In 1487 DR, Dove died from the wounds inflicted on her by Vattick Tanthul, who also perished.
After her death, Dove's soul became part of the Weave, acting as Mystra's messenger alongside her sister Syluné. She still had her own sentience, memories, and individuality, and could manifest as a ghostly apparition. They would sometimes rise up in their spectral forms from altars dedicated to Mystra, to speak for her or impress wizards and clerics alike. Dove could speak and manifest herself through an enchanted pebble that was given by Storm Silverhand to Laeral Silverhand. The three sisters would often merrily chat together (Syluné had her own pebble too), and both Dove and Syluné helped Laeral (acting as her eyes) with her new position as Open Lord of Waterdeep.
Dove commonly used magical +1 full plate armor, a +1 longsword luck blade, boots of elvenkind, a cloak of elvenkind, and an amulet of proof against detection and location, as well as several potions of healing. She was also rumored to wear an invisible dagger and sheath at the back of her neck.
↑ 1.0 1.1 Ed Greenwood (1995). The Seven Sisters. (TSR, Inc), p. 21. ISBN 0-7869-0118-7.
↑ 2.0 2.1 2.2 2.3 2.4 Jeff Grubb, Ed Greenwood and Karen S. Martin (1987). Forgotten Realms Campaign Set (Cyclopedia of the Realms). (TSR, Inc), p. 20. ISBN 0-8803-8472-7.
↑ 3.0 3.1 3.2 3.3 Dale Donovan, Paul Culotta (August 1996). Heroes' Lorebook. (TSR, Inc), p. 39. ISBN 0-7869-0412-7.
↑ 4.0 4.1 4.2 4.3 Ed Greenwood, Sean K. Reynolds, Skip Williams, Rob Heinsoo (June 2001). Forgotten Realms Campaign Setting 3rd edition. (Wizards of the Coast), p. 280. ISBN 0-7869-1836-5.
↑ 5.0 5.1 Ed Greenwood (1995). The Seven Sisters. (TSR, Inc), p. 20. ISBN 0-7869-0118-7.
↑ R.A. Salvatore (June 2006). Sojourn. (Wizards of the Coast). ISBN 0-7869-4007-7.
↑ Ed Greenwood, Julia Martin, Jeff Grubb (1993). Forgotten Realms Campaign Setting 2nd edition (revised), Running the Realms. (TSR, Inc), p. 33. ISBN 1-5607-6617-4.
↑ Ed Greenwood (February 2005). Spellfire. (Wizards of the Coast). ISBN 0-7869-3599-5.


You have many coaching options, from peer groups to life coaching and everything in between. Why choose Broad Insights?
We help business leaders get an objective, big-picture look at the state of their organization and give down-to-earth advice on how to focus their energies. We create action plans, help you develop the skills you need, and provide accountability for making things happen.
Our clients get the results they want, from becoming better decision-makers to creating exponential financial growth.
Broad Insights is a cadre of professional coaches and subject matter experts who are passionate about making businesses better. We're extremely selective about our coaches. They have on-the-ground experience, extensive training, and a healthy dose of common sense. Most are former executives, entrepreneurs, or both. We also partner with a handful of subject matter experts who consult on specific issues like sales, marketing, HR, and more.
We can't have experts in every industry, but our coaches are problem-solvers who understand business and human nature. They offer fresh insight that's invaluable in any field.
While we aren't life coaches, we do care about our clients as people. Our coaches build personal relationships with each of their clients and, over the course of regular sessions, often become friends. Delivering value is our primary goal, but never at the cost of compassion or humanity.


College students face many big challenges, like living in a new area, finding a job, and studying for classes. On top of all that, it can be a real pain trying to balance out your finances like living costs, gas money, and insurance. None of these are easy tasks, but we can help with at least one. We've created this guide to finding cheap car insurance for college students so you can focus on your other tasks (and have some extra money in your pocket too).
Buying affordable car insurance for college students is certainly a concern, but it's rarely a top priority. Many young drivers under 25 get a policy from the same insurance company that their parents use. Some go online and get a quote or two from different car insurance companies. But what's the best car insurance for college students?
Luckily, we have several tips. Here's how to find the cheapest car insurance for college students. Just follow our checklist!
If you are still on your parent's car insurance policy, make sure you are a listed as a driver. If not, you may not be covered in the event of an accident.
If you get good grades, you may be able to reduce your premium. Many auto insurance companies now have a good student discount that can be applied if you maintain a B or above in all of your classes.
Make sure you are assigned as the primary driver of the car you drive to school.
If you have your own policy, make sure your insurance policy reflects where you live and where you park the vehicle. Your address may be a variable that insurance companies use to price policies, plus having it updated makes submitting claims more efficient.
If you do not take the car to school, your parents can update the policy to reflect the change in how often the vehicle is being driven and how far. It might even lower car insurance premium since you're driving less. Many insurance companies refer to this as a distant student discount and require that the college student attends school at least 100 miles away from home.
Check the limits on collision, comprehensive and liability coverages. Colleges are densely populated with inexperienced, new drivers. Thus, accidents are more likely to happen. Checking your coverages in these areas will help ensure that you have the appropriate coverage if an accident occurs.
Theft of vehicles and personal items from within vehicles is more common on and near college campuses. Be sure to avoid leaving valuables in vehicles parked around campus. And, of course, always lock your vehicle.
Unfortunately, there is no one absolute cheapest insurance company for college students and drivers under 25. However, there is a simple solution: shop around. Every insurance company doesn't calculate risk the same way, which means prices are different from company to company. Do your homework and get multiple quotes. But who's got time for that? We can help you expedite your search with a single form that will give you multiple quotes at once. You can compare prices side by side, lock-in your best rate, buy and be done.
If you're a recent college graduate, what can you do to get a good deal on car insurance when getting your own car insurance policy? The first thing is to make sure that you have a good credit score. A good credit score can get you a better rate on car insurance. Be sure to keep your score up too by paying bills on time and paying overdue debts. Paying off your credit cards will help you to maintain your current insurance price. On the other hand, falling behind on payments can hurt your credit score. If you get too far behind, your insurance carrier might choose not to renew your policy when your policy expires.
You may have several insurance policies such as auto, renters and perhaps life insurance. One way to find the cheapest auto insurance policy is to bundle these policies. Bundling is when you buy multiple types of insurance together from the same insurance company. It could not only decrease your auto insurance premium but the premium for your other insurance products as well. Leaving you one less bill to worry about.
As a recent college graduate, you may not be in the position to run out and buy a new car. Some get a new car from mom and dad, but not many. If you plan on driving your current car for a few years more, take a closer look at the coverage levels. If the car has a few scratches and dings, it might be worth raising the deductible or dropping comprehensive coverage.
Be careful though, because while you can save money by changing coverage levels and deductibles, you can also get yourself into a tight spot if you don't have money put aside to deal with any issues that might arise.
The only way to get the best car insurance is to compare rates. Age, driving record and your address are all factors insurance companies may consider when they price your policy. All of these factors are also currently in flux as a recent college grad, especially if you are moving out of state.
We make finding cheap car insurance easy for both college students and new drivers under 25. Enter your details once and we'll show you some of the best options out there!


Dr. Akhtar is pediatrician at Park Nicollet Clinic in Chanhassen. She completed her pediatric residency training and chief residency at the University of Minnesota; she has been working as a general Pediatrician with Park Nicollet for over 30 years. Her areas of interest are the care of premature infants and children with special needs.


Darren Hayman And The Long Parliament - We Are Not Evil by Fortuna POP!
Artist: Darren Hayman and the Long Parliament Title: We Are Not Evil Fortuna POP! 31 July 2012 'We Are Not Evil' is the first song to be released from Darren Hayman's forthcoming album 'The Violence', a 20 song work chronicling the 17th Century Essex Witch Trials during the English Civil Wars. Between 1644 and 1646, approximately 300 women were executed for witchcraft in the eastern counties of Essex, Suffolk and Norfolk. "Evil never thinks of itself as such, and people can act cruelly when frightened", says Hayman "I assume that Matthew Hopkins, the self-named 'Witchfinder General', believed, on some level, that he was acting on God's instruction." The album from which "We Are Not Evil" is taken is epic in both concept and sound. The landscape of the Dedham Vale is bought alive by beautiful intricate woodwind scores, trembling strings and destroyed church organs. A unique and unprecedented album, The Violence is an outstanding creative achievement.
Is it possible to find the lyrics somewhere ? I'm french and i still miss some parts, but love it.


text:
Q: Setting a new position of bitmap on canvas with deleting previuos one I have this code:
protected void onDraw(Canvas canvas) {
    // TODO Auto-generated method stub
    super.onDraw(canvas);
    canvas.drawColor(Color.WHITE);
    canvas.drawBitmap(ball, (canvas.getWidth()/2), 0, null);

and it draw bitmap on  screen but if i want to set  new position it draw  new one, how can i draw a new one and erase previous one. I'd like to set new position of bitmap on canvas.

A: Drawing color first will erease all then draw your Bitmap with new position.

redpajama_set_name: RedPajamaStackExchange


Happy Christmas to everyone from staff at Synod Office !
Southern Synod Office will close at 12 pm on Friday 23 December and reopens at 9.30 am on Tuesday 3 January 2017. During this period, we will be checking for URGENT messages left on voicemail. All at the Synod Office wish you a very Happy Christmas and a peaceful New Year.
Please note that the electronic version of the Record of the July meeting of General Assembly is available on the URC website: http://www.urc.org.uk/images/General-Assemblies/Assembly2016/RECORD-2016w.pdf You will find on page three a list of matters of particular concern to Synods and Local churches, which might be of particular interest to those organising "feedback" meetings.
The Retreats Fellowship of the United Reformed Church, Southern Synod Quiet Day. 1st October 2016, 10am – 4pm. Swanley URC. Download booking form here and return to Revd Ken Lynch.
For more information or a booking form please contact Danny Goodall dgoodall@lindfieldurc.org.uk or Cathy Glazier cydo@urcsouthern.org.uk.
Society Sunday and the Queen's 90th Birthday – This Sunday!
Research Conference: Rural Ministry: An effective Christian Presence?
Are you, or do you know a victim of Hate Crime?
Croydon Churches Forum have asked us to advertise the following event about Hate Crime in Croydon Town Hall. You can download the flyer here.
During the Croydon Churches Together 'Walk of Witness' on Good Friday the Moderator Revd Nicola Furley-Smith preached on 'Were you there when they crucified my Lord?'. Toni Suffolk who organised the Walk has sent some pictures. A video has also been uploaded to YouTube.
News from Revd Bill Bowman about a forthcoming exhibition of Photographs & Memorabilia of People and Places in Elmers End's past Details as follows:- Sat 16th April 10-4pm Sun 17th April 1-4pm Elmers End Free Church, Goddard Road, BR3 4AE FREE ADMISSION and Refreshments Available A flyer is available here for download.


Why is Real Personal Growth so difficult to achieve, even when I really want it? | Maybe International Creative Consultancy Ltd.
Why is Real Personal Growth so difficult to achieve, even when I really want it?
Very often –almost always- when we want to really improve, grow, change or perform better, as professionals and as human beings we experience an internal struggle, a resistance that bubbles up inside us, gets in our way and stops us from positively moving forward.
This is not only our own personal experience as individuals, but it's equally our experience as coaches who have worked with a diverse range of people and organisations for many years.
Paradoxically, in spite of the importance we attribute to our development, or how committed we think we are, there is a hidden stronger force or competing agenda within us, a kind of Immunity to Change, as Kegan & Lahey (HBR Press, 2009) called it, that operates against our most important goals and prevents us from doing what we know we need to do.
If we want to truly grow as individuals and achieve our greatest goals, we need to look at and work on this hidden dynamic operating in each of us, otherwise the breakthrough change we wish for will remain elusive.
The Enneagram is a powerful human development tool that enables us to become more aware of and manage better this hidden dynamic. It is an easy, understandable and at the same time extremely accurate system which explains the nine very different personality types, the strategies we adopt to deal with life, our motivations for doing so and those hidden and for the most part unconscious agendas that stop us from positively moving forward.
We believe that the Enneagram is one of the most powerful systems for Personal & Professional Development, as it provides a map, which enables us to pinpoint our repetitive patterns and move beyond those that no longer serve us. It enables us to see that we are more than our patterns of behaviour and if frees us up to choose how we want and need to respond to life.
It was a real pleasure to run the recent Enneagram Professional Training Programme in Madrid for the second consecutive year and we would sincerely like to thank our wonderful co-hosts in Uranio Paes and Beatriz Catala and the great bunch of people who joined us for this intensive deep-dive week of growth, skills development and fun.
Want a tip for dealing with difficult people?


Sophisticated training in this country is very quickly becoming a necessity during the business team rather than an extravagance. Inside the past the persons who experienced a secondary college exercising nonetheless had the prospect to manufacture a superior globe for them selves and their family members. These times are quickly becoming an alternative dieing coal within the earlier. Relating to the off probability which you want to have large buying future amid your lifetime you could be thoroughly limited by your mastering possible as well as stage of instruction you might have gotten.
The uplifting news is you you should not want to possess a earn or bust process as regards to instruction. You're able to start by earning infant strides almost about advanced training. Within the off possibility that you choose to have got a junior college with your general vicinity, it is without doubt one of the most impressive assets for starting your college instruction at any period in the lifespan. Most junior faculties supply you with courses at many instances amid the day and night time, even some on Saturday retaining in mind the tip end goal to oblige understudies of varied ages and foundations.
Junior schools on top of that provide a fantasticopportunity to start your getting to know mission in the way that is a wonderful deal a great deal more effortlessly sensible on the normal national than an all out school. These educational institutions are to a good extent worker educational facilities having said that there are a number of that let understudies the experience of residing with a university grounds at a a whole lot reduced price tag than most true colleges charge with the same exact or fundamentally similar to benefits.
Junior schools also allow you to investigate your options in case you are not mostly a number of what heading you want for ones teaching to consider while not paying out these types of a substantial expenses to the course of action. In the event that you understand the vocation way you wish to just take you might locate a two-year diploma program that can have you ever outside of college as well as in a job a good deal ahead of a four-year software will permit. About the off probability that that isn't sufficient news in your case, a significant part of the two-year tasks of research which are featured in the junior university stage could just shift simply into four calendar year certification products for the school level.
Junior faculties give you a amazing get started for some men and women who're shopping for sophisticated schooling no matter whether to aid their professions or simply just to discover gratification on someone degree in life. There are certainly many great assignments in pro fields and scholarly fields that could be investigated and experiments to the junior college or university stage.
For graduating secondary faculty understudies junior faculties assist understudies manual into your alteration from secondary school to high school without enduring the way in which of everyday living stun that two or three colleges can set understudies by. You can find that there are routinely several prospects to fulfill instructive in addition to social wishes about the junior higher education degree for understudies which have been occupied with looking for following a junior college or university schooling.
You should similarly notice that junior faculties are much considerably less demanding to paying with regards to placing aside funds and financial investment money for either your very own faculty teaching or perhaps the instructive prices of one's kids. Having them head to a junior school for a extensive time then exchanging to a College can spare a lot of funds and give you a little bit of intellect that the young people are as but accepting a good level of instruction.
Actually, within the off prospect that you will be in search of an astounding excellent on the subject of instruction you would probably do oneself or your youngsters an personal injury in case you don't glimpse within the junior university alternate options in your own general vicinity before dove in and leaping into the faculty means of daily life. You will see that that junior faculties normally deliver an equal stage of instruction for that general courses that to begin with and second year undergrads commonly get, they are a vastly enhanced esteem for the cash, and they're an extraordinary characteristics with the individuals that are attempting to juggle their teaching with family unit and operate duties.


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Things for adults to do
Things for children to do
Clear Island
Indoor swimming near Schull
Mizen Head Centre
Sailing in Schull at the Fastnet Outdoor Education and Marine Centre (FMOEC)
Summer Wildlife
The Fastnet Lighthouse
Walks near Schull
Schull
The Village of Schull is relatively easy to reach from Cork city and Cork Airport. It is approximately 90 km (56 miles) or an hour and forty minutes drive from Cork city.
There are direct flights to Cork from Bristol and Heathrow with Aer Lingus.
www.aerlingus.com
Car hire is available at Cork Airport. Dooley's, AutoEurope, Avis, Budget and Hertz are among the many rental car companies.
When you arrive at Cork city, follow signs to N71 (West Cork) which will take you all the way to Ballydehob via Innishannon, Bandon, Clonakilty, Rosscarbery, Leap and Skibbereen. If you don't wish to stop in Bandon, Clonakilty or Skibbereen for breakfast, to sightsee or to shop, it is best to take the bypass routes marked at each town. At Skibbereen follow signs for the R592. This will take you the remaining distance to the village of Schull.
As you enter Schull you pass the church, some brightly coloured shops and pubs and a former bank on your right followed by the Bunratty Inn. Keep straight on, ignoring the left turn signposted Colla. Take the next fork left after 100 yards just after Copper Point Cottages and carry on for 1.9 miles until you reach a crossroads called Six Ways. Go through the crossroads for another 0.6 of a mile uphill and The Lookout will be on your left, just after a house called Ceim Cun.
An alternative route is to continue straight on the Goleen Road on leaving Schull village (without forking left) until after about a mile and a half you see Lowertown church on your right. At this point you turn left heading for the sea and continue for approximately 1 mile, passing through a crossroads, until you come to a T junction with spectacular views. Turn left at the T junction and The Lookout is immediately on your right.
If you wish to stop for a hearty all-day full Irish breakfast – or just for scones and a pot of tea- we can particularly recommend stopping in Bandon at Jake's Cafe in Bandon Shopping Centre (Tel 00-353-23-8844920). Patrons of the cafe have free parking in the public car park next to it. The cooked breakfast with rashers, sausages, eggs, mushrooms, hash browns, chips, black and white pudding and toast is enough for two and the fruit scones are delicious.
Taxis: In Schull there is a local Taxi driver, Luke Nolan. Please pre-book Taxis at 00 353 86 8337504 or 00 353 28 28215
Buses: We recommend that you rent a car, or bring your own, to The Lookout. There is parking for several cars. There is a bus from Cork Airport to Cork City bus station and there is a bus about three times a day from Cork City Bus Station to Goleen, which passes through Skibbereen and Schull (www.buseireann.ie/timetables)
Fly Drive to West Cork
© Copyright - The Lookout 2017

redpajama_set_name: RedPajamaCommonCrawl


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Духо́вная акаде́мия — закрытое конфессиональное учебное заведение (как правило православное), дающие высшее духовное образование, для служения Церкви в виде пастырской, преподавательской и научно-богословской деятельности.

Духовные академии
 Русская православная церковь

 Киевская духовная академия (1819—1919, с 1992)
 Московская духовная академия (1814—1922, с 1944)
 Санкт-Петербургская духовная академия (1797—1918, с 1945)
 Сретенская духовная академия (с 2021)
 Казанская духовная академия (1797—1818, 1842—1918)
 Минская духовная академия (с 1996)
 Кишинёвская духовная академия (с 1997)

 другие православные церкви
 Свято-Сергиевский православный богословский институт (в 1935 году даровано право именоваться Свято-Сергиевской духовной академией)
 Тбилисская духовная академия
 Софийская духовная академия (1951—1991) действовала взамен упразднённого богословского факультета Софийского университета
 Торонтская православная духовная академия (с 1998)

 неправославные
 Варшавская римско-католическая духовная академия (1836—1867)
 Императорская римско-католическая духовная академия (1842—1918)
 Санкт-Петербургская Римско-католическая семинария (1879—1917)
 Эчмиадзинская академия — высшее учебное заведение Армянской апостольской церкви
 Заокская духовная академия — структура в составе Заокского адвентистского университета, принадлежащая Адвентистам седьмого дня. (с 1988)
 Теологический институт Церкви Ингрии — высшее духовное учебное заведение для подготовки пасторов и приходского актива Евангелическо-лютеранской Церкви Ингрии (с 1995)

Литература

Академии (вузы)
Христианские учебные заведения

redpajama_set_name: RedPajamaWikipedia


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THE FANS VIEW| Chelmsford City
Tomorrow evening the Beachboys host Essex rivals, Chelmsford City at the Aspect Arena for what's set to be a feisty match, both sides will be looking for the 3 points to plonk them into a play off spot.
Ahead of the game we spoke to three 'Clarets' fans to get their view on both sides and what they think will be the result come full time tomorrow. Ben Parks, Talk Chelmsford City and Andrew Plord all took part in this week's 'The Fans View'.
Ben, what have you made of Chelmsford's start to the season?
"Our away form has been excellent so far, only losing once and scoring 19! However at home we haven't got it going so far only winning once and only scoring 5 goals and it is really a head-scratcher for the Clarets fans and management team and so therefore we are sitting right in the middle of the table. Going out of the FA Cup to lower league opposition was a painful one as well."
Andrew, what have you made to the 'Clarets' start to the season?
"I feel we've made a positive start to the season we've had some brilliant performances and some were we should of picked up more than what we got."
Hi, Talk Chelmsford, who would you class as your star man this season?
"Our star player has to be Rhys Murphy, he can play bad, but he still scores. His dribbling is top draw and always takes on defenders."
Would you agree, Ben?
"Rhys Murphy our centre forward has been sensational this season with tireless running and workrate and 11 goals to his name including braces in his last 2 games. Tom Wraight has been good especially away from home and changed the game when coming on as a sub at Oxford on Saturday. Ex Concord man Amos Nasha is starting to show his potential after early injuries."
What do you believe the outcome will be tonight, Andrew?
"Recent years this match has always been tight and Tuesday won't be any different we just have to be ready for a battle so I'm going 2-1 City"
Ben, your prediction?
"I think we have quite a good record at Concord ever since the Cowleys left and coupled with our away form and the fact we can't keep a clean sheet I'm going for a nervy 2-1 win for the Clarets."
Talk Chelmsford City, what have you made of Concord Rangers this season?
"I've been very impressed with how Concords appointment of their management team and the recruitments, however handing 2 year contracts to players out their who are most likely looking for a last pay check is not a good idea. I personally think Concord will Just miss the Play-Offs."
Ben, what's been your thoughts on Concord aswell?
"Concord this season: It has been interesting to follow with a change of management and then a flurry of signings including two ex Clarets Sam Beasant and Danny Green both of whom had good and bad days for City. You look strong up front with the experienced Jack Midson and also Alex Wall who scored a double against the Clarets for Maidenhead a few years ago including a 90th minute thunderbolt of a free-kick. Therefore I think it has all the makings of a cracker especially under the lights which always improves the atmosphere."
Andrew, what are your hopes for the season?
"I'm hoping we can get to the playoffs at least with our squad we should be up and here abouts."
Ben, what are your hopes for the season?
"I think Chelmsford have been knocking on the door for so long our fans are desperate for promotion. I think we need to win the league though as our playoff record is so poor! Off the field I would love for the Betsi takeover to be signed, sealed and delivered so we can move forward as a club. Also we would like to regain the Essex Senior Cup after losing the final last season to Billericay."
Thanks too all three of you taking the time to answer our questions, safe journey to all fans making the journey here and back.
◂ 1 minutes silence tomorrow evening
YAMC Podcast – Player of the month sponsors ▸


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2019 KTM RC 125 first ride review
Aditya Jadhav Updated: July 03, 2019, 03:52 PM IST
When KTM launched the 125 Duke in India, it was a given that its fully-faired sibling will show up too. KTM India's silent goodbye to the RC 200 also created space for the KTM RC 125. Not that it replaces the more powerful RC 200 directly, but in a way it does, as effectively it is the entry-level sportsbike from KTM in India now.
TheRC 125 has been launched at a price of Rs 1.47 lakh ex-showroom which makes it an expensive proposition as an entry-level sportsbike, more so as a 125cc machine. Does it live up to its sticker price? We rode the RC 125 at Bajaj Auto's own test track near Pune to find out.
The RC 125's design is largely the same - let me rephrase that, the styling is exactly the same as we've seen on the RC 200 and older RC 390 both. But this time the paint schemes on offer are orange and white schemes.
The orange is vibrant while the white is low key. Overall paint quality is premium, also thanks to the choice of colors. Panel gaps are consistent and plastic bits are overlaid well.
Walking towards the motorcycle didn't feel very different than walking up to my own motorcycle though, which is an RC 390, and the 125 didn't feel different hopping onto it either. That said, one of the first things I noticed was the lack of adjustable brake and clutch levers. The dashboard is largely the same though as the instrument cluster is the same LCD screen we've seen since KTM's entry into the Indian market. Quality of the switchgear is excellent as well and is particularly impressive for what effectively is a 125cc motorcycle.
Performance and Rideability
The RC 125 is effectively the 125 Duke with a fairing and if you're familiar with the naked motorcycle, the good news is that you already know half the bike. The 125cc liquid-cooled engine churning out 14.5PS at 9,250rpm and 12Nm of torque at 8,000rpm which of course is the same as the 125 Duke. Sounds underwhelming? We'll get to that later. But first, the motor is refined and is happy to climb all the way up to the limiter.
Even with extra body panels, vibration does not creep into the handlebars or footpegs very easily, which impresses. Peak power is available in the upper echelons of the rev band, but with that said bottom end performance is adequate, though the RC 125 truly feels alive when you're transitioning from mid-revs to the top.
But here's the tricky part. My initial impression was that the bike is slow, all the way from the moment I released the clutch until I felt a buzz from the footpegs and clip-on handlebars. And a big reason behind this belief is that somewhere in your head you're thinking that the cycle parts sourced from the bigger 200s are a little too heavy for the puny 125cc mill to haul.
But barely moments later, banging a few gears up close to the engine's redline and putting all the ponies to use, I found that the RC 125 hits 100kmph with ease. What's even more impressive is the fact that power delivery is very linear and friendly. This might sound uncharacteristic for a KTM machine, but it is obvious the manufacturer has ensured the RC 125 will not scare inexperienced riders.
The RC 125 also sheds speeds easily, equipped with a 300mm single disc up front and a 230mm disc at the rear (the setup has impressed us on the KTM RC 200 already). Of course, this time around the brakes only have to manage a motorcycle with half the power and a lower top speed, so hauling the RC 125 down to a full stop from triple-digit speeds is no sweat. The 125 only gets single-channel ABS though, and I would have appreciated a dual channel system better given the better safety net.
The RC 125's chassis is a tubular trellis frame that offers ample feedback, courtesy which the bike felt surefooted while hunting for apexes. In fact, it does not feel unnerving at any point of time and also feels very agile. In fact, the feel and feedback had me get carried away at one point by carrying too much speed into a corner, though luckily for me I was riding on a closed circuit. The same mistake on a public road could have landed me into trouble. But effectively, that's how confident the RC 125 is – you cannot put it down by calling it 'just' a 125, as it feels just as confident in terms of handling as its elder siblings.
The planted feel and stability through Bajaj's test track can also be credited to the RC 125's well-tuned suspension. The bike tips the scales at the 160kg kerb and is a few kilograms shy of the 390's weight which also aids is light and nimble feel. I have to mention, the RC 125's suspension setup and steering geometry are apt for track use, though a judgment on ride quality can only be made once we get the motorcycle for a full road test and ride it on public roads.
The KTM RC 125 is a good bike for inexperienced riders to cut their teeth in the exciting world of fully-faired sports bikes. It is a motorcycle that will help novices hone their cornering skills with its confident handling without scaring themselves. More importantly, you cannot underestimate the potential it holds, particularly on the handling front, as it comes from the stable of KTM, a manufacturer that is a force to reckon with in the sportbike world.
That said it is a 125cc motorcycle only and the resultant engine outputs might just be a little too meager for many riders, as a long term commitment, especially at its price point. In fact at its price of Rs 1.47 lakh ex-showroom the KTM RC 125 costs about Rs 8,000 more than the Yamaha YZF-R15 which is a more powerful motorcycle and a highly accomplished sportsbike as well. A lower price point for the RC 125 should thus help KTM tap into the bottom rung of the sportsbike market better.
Also watch,
KTM RC 125 2020 Full Spec
Max Power(ps)
Max Torque(Nm)
Yamaha YZF-R1 2018 Full Spec
Tags: ktm | KTM India | KTM RC 125 | RC 125 | ktm rc 390 | ktm duke | Duke 125 | 125 Duke | first ride | first | Ride | First Drive | bajaj | KTM Bajaj |
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