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Marsh v. Brooks (55 U.S. 513)/Opinion of the Court
THIS case was brought up, by writ of error, from the District Court of the United States for the Southern District of Iowa.
It was before this court at January term, 1850, and is reported in 8 Howard, 223.
The children and heirs of Thomas F. Reddick, (the defendants in error,) were the plaintiffs in the court below, having brought their action by writ of right, according to the practice of the courts in Iowa, to recover 640 acres of land upon the right bank of the Mississippi River.
The acts of Congress and the patent to Reddick are set forth in 8 Howard, to which the reader is referred. But the plaintiffs having offered additional evidence, it may be proper to bring the whole into one view. In the former trial the plaintiffs relied on the recitals in the patent to Reddick to prove the title of Tesson: but this court having decided that those recitals were insufficient, the evidence produced upon the trial of the present suit in the District Court was the following:
1. The plaintiffs proved, that Louis Honor e Tesson settled on the land in controversy, in 1798, and on the 30th of March, 1799, obtained from the Spanish government, a written permit to settle thereon, which is recited at length in the record.
2. That Tesson had possession, and inhabited, cultivated, and had houses and orchards and fields on said lands, in 1798, 1799, 1800, and until 1805; and that all his right, under the permit and settlement, passed, by mesne conveyances, to said Thomas F Reddick.
3. That said Reddick duly presented and proved before the Recorder of Land Titles at St. Louis, his claim, and claim of title from Tesson to said land; and that said Recorder, by his report, dated November 1st, 1815, reported on said claim his opinion, as follows: 'Granted 640 acres, if Indian rights extinguished.'4. The act of Congress, approved April 29th, 1816, (3 U.S. Stat. at Large, p. 328, ch. 155,) 'for the confirmation of certain claims to land in the Western District of the State of Louisiana, and in the Territory of Missouri.'
5. That on the 17th of May, 1838, a patent certificate, (No. 1157,) was delivered, by the Recorder of Land Titles at St. Louis, to Edward Brooks, (one of the original plaintiffs,) for the land referred to in the report of November 1st, 1815.
6. A patent of the United States, issued to Thomas F. Reddick, described as assignee of Joseph Robidoux, assignee of Louis Honor e Tesson, for the lands in controversy, dated the 7th February, 1839.
7. They also proved, that they, the plaintiffs, were the heirs and legal representatives of said Reddick; and that the defendants were in possession of the land in controversy, at the commencement of the suit, and rested their case.
1. The treaty between the United States and the Sac and Fox Indians, (7 U.S. Stat. at Large, 229,) made at Washington on the 4th of August, 1824, by the first article whereof, these Indians ceded to the United States all their right and title to the lands claimed by them between the Mississippi and the Missouri rivers, and a northerly line, running from the Missouri, at the entrance of the Kansas River, north 100 miles, to the northwest corner of the State of Missouri, and thence east to the Mississippi; but with the understanding 'that the small tract of land lying between the rivers Des Moines and Mississippi, and the section of the above line between the Mississippi and the Des Moines, is intended for the use of the half-breeds belonging to the Sac and Fox nations; they holding it, however, by the same title, and in the same manner, that other Indian titles are held.'
2. The act of Congress, approved June 30th, 1834, (4 U.S. Stat. at Large, ch. 167, p. 740,) 'to relinquish the reversionary interest of the United States in a certain Indian reservation lying between the rivers Mississippi and Des Moines.'
3. That the land in controversy is included within the interior boundary lines of the Sac and Fox half-breed reservation, referred to in the treaty of 1824, and act of Congress of 1834.
4. The act of Congress of July 1st, 1836, (6 U.S. Stat. at Large, p. 661,) by which the United States relinquished to the heirs of said Thomas F. Reddick, their right in the lands embraced in said patent-but reserving any older or better claim not emanating from the United States, and providing, that in case said lands should be included in any reservation theretofore made under treaty with any Indian tribe, Reddick should be authorized to make another location on unappropriated lands.
5. That the 640 acres of land referred to in said act of Congress, of July 1st, 1836, lie within the exterior boundary lines of said Sac and Fox half-breed reservation, made by the treaty of August 4th, 1834.
6. That the land in controversy is worth more than $2000.
The defendants then rested their case.
The plaintiffs then prayed the court to instruct the jury--
1. That under the treaty with France, of the 30th April, 1803, and the several acts of Congress passed in pursuance thereof, for settlement of titles in the Territory of Missouri, Tesson and Reddick, as his assignee, had a valid subsisting interest in the land in controversy, at the date of the report made by the Recorder, which was not divested by the reservation in the treaty with the Sac and Fox Indians, or the act of Congress of the 30th June, 1834.
2. That the claim of Tesson, and of Reddick, as his assignee, as reported, was substantially confirmed by the act of Congress, approved April 27th, 1816.
3. That the patent, taken in connection with other evidence, conveyed to the plaintiffs a fee-simple title to the land in controversy, and overrides the title set up by defendants.
These instructions were given by the Court.
The defendants then prayed the court to instruct the jury--
1. That under the report of the Recorder of Land Titles, given in evidence by the plaintiffs, they are not entitled to recover the land, unless their title thereto has been confirmed by an act of Congress. This instruction was given by the court.
2. That the true construction of the act of Congress of the 29th of April, 1816, given in evidence by the plaintiffs, does not confirm their title to the lands sued for, if the Indian title to the same was not at that time extinguished.
3. That the treaty of August 4th, 1824, with the Sac and Fox Indians, is a recognition by the United States, at the date of said treaty, of the Indian right to the lands in controversy; the same being within the Sac and Fox half-breed reservation.
4. That the Indian title to the land in controversy was not extinguished prior to the 4th of August, 1824.
5. That the plaintiffs have shown no right to recover the land in controversy in this suit.
The first of these instructions, prayed for by the defendants, was given by the court; but the second, third, fourth, and fifth instructions, as prayed, were refused to be given.
The defendants, by their counsel, excepted to the rulings and decisions of the court in giving the instructions prayed for by the plaintiffs, and in refusing to give the second, third, fourth, and fifth instructions, prayed for by the defendants.
The jury, under these instructions, found a verdict for the plaintiffs, and a bill of exceptions brought these several rulings before this court for review.
It was argued by Mr. Butler, for the plaintiffs in error, and Mr. Geyer, for the defendants in error.
Mr. Butler, for the plaintiffs in error, made several points. The one upon which the decision of the court chiefly turned, was the following:
II. The District Court erred, in giving to the jury the several instructions prayed for by the counsel for the plaintiffs below.
1. The instruction, 'that under the treaty with France of the 30th of April, 1803, and the acts of Congress, Tesson, and Reddick as his assignee, had a valid subsisting interest in the land in controversy, at the date of the report made by the Recorder, which was not divested by the reservation in the treaty with the Sac and Fox Indians, or the act of Congress of the 30th of June, 1834,' was erroneous.
(After analyzing the treaty, and the several acts of Congress from that time to 1815, Mr. Butler came to the following conclusion:)
Neither under the, treaty, nor under any one of the above-cited acts, or all of them combined, had Reddick, as the assignee of Tesson, a valid subsisting interest in the land in controversy, at the date of the Recorder's report, November 1, 1815.
1. Under the treaty, every species of title to lands in Louisiana, emanating from the French or Spanish governments whether perfect and complete, or inchoate and incomplete-was recognized and protected as 'property;' but mere permits to make settlements on such lands, even when lawfully granted by such authorities, conferred no right of property within the meaning of the treaty. Les Bois v. Bramell, 4 How. 463; Soulard & Smith v. United States, 4 Pet. 511; Smith v. United States, 10 Id. 326; Wherry v. United States, 10 Id. 328; Chouteau v. Eckhart, 2 How. 344; Menard's heirs v. Massey, 8 Id. 293, 308, 806; Bissell v. Penrose, 8 Id. 317; Landes v. Brant, 10 Id. 348; Glenn v. United States, 13 Id. 250; Heirs of Vilemont v. United States, 13 Id. 261.
2. The equitable claim of settlers under such permits, upon the justice or bounty of the government, to complete their titles, devolved, after the treaty of cession, on Congress, who, by the several statutes above cited, have acted upon and regulated the subject. Cases above cited.
3. No specific quantity, and no definite location, are mentioned in the written permit to Tesson; he is merely permitted to establish himself, for the purpose of trade with the Indians, at the head of the rapid of the River Des Moines. No survey could have been made, nor was any made or contemplated, under this permit; nor did any interest, in any particular tract, pass by it to Tesson. United States v. Forbes, 15 Peters, 173; Same v. Buyck, Id. 215; Same v. O'Hara, Id. 275; Same v. Delespine, Id. 319; Same v. Miranda, Id. 153; Same v. King, 3 How. 773; Same v. Lawton, 5 Id. 10; Same v. Villalobos, 10 Id. 541; Same v. Boisdore, 11 Id. 62; Same v. Lecompte, Id. 115; Same v. Vilemont, 13 Id. 261; Bissell v. Penrose, 8 Id. 317.
4. Tesson, after making his establishment, was to apply to the Governor-General, to obtain a grant of a convenient space for the use of his establishment; and, until the obtaining of such grant, Tesson neither had, nor could equitably claim, any interest whatever in any specific tract or lot.
5. This permit to Tesson was, therefore, a mere license to reside and trade in the Indian country; it was wholly insufficient to extinguish the Indian title in any particular tract, or to sever any particular tract from the public domain; and, unless confirmed by Congress, and duly located by their authority, Tesson had, and could have no standing, under said permit, in a court of justice. Cases above cited.
See, as to the Indian title, and the proceedings necessary to extinguish it, the following cases: United States v. Arredondo, 6 Pet. 691, 741; Mitchell v. United States, 9 Id. 711; S.C.. 15 Id. 52, 83, 88; United States v. Fernandez, 10 Id. 303; Marsh v. Brooks, 8 How. 223; Gaines v. Nicholson, 9 Id. 356; United States v. D'Auterive, 10 Id. 624.
6. Whatever power, under the acts of Congress passed prior to the date of the Receiver's report, that affair might have to grant or confirm to Tesson's assignee, as a donation, the land claimed by him, neither of said acts had, by itself, confirmed his claim.
The first branch of the instruction now under review-that Tesson and his assignee, on the 1st of November, 1815, had a subsisting interest in the land in controversy-was, therefore, erroneous.
Mr. Geyer, for the defendants in error, divided his points as follows:
That a complete title to the land in controversy was vested in Thomas F. Reddick, on the 29th of April, 1816, whether the 'Indian rights' had, or had not, then been extinguished; and the title so vested has not been divested or impaired, by any subsequent treaty or act of Congress.
A confirmation of a title by act of Congress, not only renders it a legal title, but furnishes higher evidence of that fact than a patent, inasmuch as it is a direct grant of the fee by the government itself, whereas a patent is only an act of its ministerial officer. Grignon's Lessee v. Astor, 2 How. 319, S. P.; Simms's Lessee v. Irvine, 3 Dal. 405; Strother v. Lucas, 12 Pet. 410.
The grant to the half-breeds by the act of 30th of June, 1834, does not affect the grant to Reddick, by the act of 29th of April, 1816. It is a principle applicable to every grant, that it cannot affect pre existing titles. Polk's Lessee v. Wendall, 5 Wheat. 293; 9 Cr. 87; Patterson v. Loinn, 11 Wheat. 380; Stoddard et al. v. Chambers, 2 How. 284.
II. The confirmation by the act of 29th April, 1816, vested in Reddick the title, subject only to the Indian right of occupancy, if not then extinguished. All grants by the government are subject to such rights, whether expressly reserved or not, but as soon as they are extinguished by cession or otherwise, the grantee of the government acquires full dominion over the property. Fletcher v. Peck, 6 Cranch, 87, 137, 143; Mitchell v. United States, 9 Pet. 711; United States v. Hernandez, 10 Pet. 304.
III. The report of the Recorder of Land Titles is an approval of the claim of Reddick, and a recommendation that six hundred and forty acres of land be granted to him, 'if Indian rights extinguished.' Referring it to Congress to determine the whole question. Congress must therefore be understood to have decided that the Indian rights were extinguished, or to have made the grant subject to such rights, and in either case the title of the defendants in error is complete; all such rights having been extinguished before the commencement of the suit.
IV. Although the grantee of the government takes, subject to the Indian right of occupancy, the existence of such right is not presumed, nor is the grantee bound to prove its extinguishment in an action against a mere intruder, especially where, as in this case, the grant is by an act of Congress.
V. If the Indian right of occupancy could be set up as a bar to a recovery under a grant by act of Congress, which is denied, it was incumbent on the defendants below to prove the existence of such right at the time of the commencement of the suit. No such proof was made; on the contrary, so far as the evidence discloses the existence of any claim by any Indian tribe, that claim appears to have been extinguished in 1824, so that at that time, if not before, Reddick acquired the absolute dominion and right of possession.
VI. The permit granted by the Spanish Government to Louis Honor e Tesson, to settle upon, occupy, and cultivate the land in controversy, as his property, excluded all Indian rights. The grants of the Spanish government were not subject to Indian rights, but operated as extinguishments of such rights on the lands granted. At the date of the treaty by which Louisiana was acquired, the title of Tesson, though incomplete, was property protected by the treaty; that title, with all its incidents, was recognized by the laws of the United States, and confirmed by the act of 29th April, 1816; so that according to the record, no Indian right of occupancy existed since 1798.
VII. If the existence of an Indian right had been recognized by the treaty of 4th August, 1824, as asserted in the third refused instruction, such recognition would not have affected the title of Reddick, granted in 1816. But that treaty recognizes no such right; it is merely a relinquishment of a claim by the Sacs and Foxes, a quitclaim by the Indians, and not a recognition of their title by the United States.
The Sacs and Foxes, by a treaty of 3d November, 1804, (Stat. at Large, vol. 7, p. 84,) ceded to the United States all their claim to the lands east of a line drawn from a point on the Missouri River, opposite the mouth of Gasconade, to a point on the River Jeffreon, thirty miles above its mouth, thence down that river to the Mississippi River, and up the same to the mouth of Wisconsin River, &c.
The Great and Little Osages, by a treaty of 10th November, 1808, ceded to the United States all lands 'northwardly of the Missouri River.' A survey of the boundary was provided for in the seventh article, and was made in 1816; the north boundary being coincident with the north boundary of the now State of Missouri.
The Osages, as well as the Sacs and Foxes, had set up claims to lands north of the Missouri, and both relinquished to the United States. But in 1824, the Sacs and Foxes still pretended to have a claim within the bounds of the State of Missouri, which is relinquished by the treaty of 1824.
It cannot be assumed that the title to the country, embracing the land in controversy, was in the Sacs and Foxes at any time; nor can the party claiming under a grant of the Spanish Government, confirmed by act of Congress, be required to prove that it was not, or that their treaty of 1804 included the land granted. The party who undertakes to maintain a possession against such a title, by showing an outstanding title or right of occupancy, takes upon himself the burden of proving it.
Mr. Justice CATRON delivered the opinion of the court.
This case was before us in 1850, and is reported in 8 Howard. We then held that as the patent to Reddick's heirs of 1839 was younger than the treaty of 1824, and the confirming act of 1836, by which the title of the United States was prim a facie vested in the Sac and Fox half-breeds, the patent could not prevail. Nor could its recitals be relied on to give it legal effect from an earlier date than it had on its face.
The judgment was then reversed, and the cause remanded for another trial, and an intimation given, that probably additional evidence might be adduced on a subsequent trial, which would establish an earlier and better title in the plaintiffs, than that of the half-breeds. That trial has taken place, and the case is now before us, with the evidence to which the recitals in the patent of Reddick's heirs, to some extent, refer. This evidence consists of a permit given by the Lieutenant-Governor of Upper Louisiana to Louis Honor e Tesson, to establish himself at the head of the rapids of the River Des Moines, (being a great rapid in the River Mississippi,) and having formed his establishment, he was assured that then it would be the duty of the Governor-General of Louisiana, residing at New Orleans, to procure for said Honor e, a concession of sufficient space to render the establishment available and useful to the trade of the country in peltries, and so that said Honor e might exercise an oversight of the Indians, and keep them in the fidelity which they owed to His Catholic Majesty; the object being to increase the trade with the Indians on that border; and in which said Honor e was permitted to be a participant, and to trade with the Indians in that part of His Majesty's dominions; nor were any rival traders to be allowed to deal with the Indians, except such as had a passport for that purpose, signed by the Lieutenant-Governor. This stipulation was made in March, 1799. Honor e was then in possession of the land in dispute, and had improvements on it; and he improved it further under the permit of 1799, and continued there until 1805. He had houses, orchards, and fields.
Thos. F. Reddick's claim was regularly derived by assignments from Honor e. Reddick's heirs, claimed a league square, on the assumption that the permit to settle and inhabit, entitled Honor e to this quantity. But the Recorder at St. Louis, acting as Commissioner, rejected the claim for a league square; and properly, as we think; there being only a promise of title in future, but no concession of land, in the Lieutenant-Governor's permission to Honor e to establish himself, and occupy the premises, and trade with the Indians. As, however, Honor e held actual possession, and had improved the land in an expensive and substantial manner, he was beyond question entitled to six hundred and forty acres, including his improvements, under our acts of Congress securing this quantity to actual settlers, had the land laid within that part of Louisiana to which the Indian title was extinguished, at the time when the occupancy existed. Being uncertain whether Honor e was entitled, by reason of his inhabitation and cultivation within territory to which the Indian title was not extinguished, the Recorder, in his tabular statement, granted the six hundred and forty acres, 'if Indian rights extinguished.' And this expression has embarrassed the title for more than thirty years. There were many claims in the Recorder's report and tabular statement, in which this one is found; and by the act of April 29, 1816, all of them were confirmed without exception, and without any notice having been taken of the Recorder's remark, referring to an existing Indian title to the land. That the Sacs and Foxes did claim the country generally, where this land lies, is not controverted; nor was their claim ceded to the United States till 1824. And this raises the question whether, according to Spanish usage, whilst that power governed Louisiana, an existing Indian claim to territory precluded inhabitation and cultivation under a permit to inhabit and cultivate a particular place designated in the permit, and which was in the Indian country. Spain had no treaties with any of the Indian tribes in Louisiana, fixing limits to their claims, so far as we are informed. The Indians were kept quiet, and at peace with Spanish subjects, by kind treatment and due precautions, which did not allow obtrusion on lands claimed by them, without written permits from the Governor; but that such permits were usual, cannot be doubted. The county of St. Charles lies in the fork of the Mississippi and Missouri rivers; it was settled, and the village of St. Charles established there, twenty years and more before we acquired Louisiana; and yet, by the treaty of November 3d, 1804, this section of country was ceded to the United States, by the Sac and Fox tribes, extending from the Missouri River, opposite to the mouth of the Gasconade, to the Janfilione, or 'North 2 rivers,' as now known; which empties into the Mississippi, in the county of Marion, in the State of Missouri. This country was as solemnly ceded, as was the country north of that cession, by the treaty of 1824; and which treaty is here set up in opposition to Reddick's title. The treaty of 1804 was duly ratified by the Senate of the United States, and apparently sanctioned, retrospectively, the Sac and Fox claim to the old county of St. Charles, in like manner that the treaty of 1824 recognized an existing Indian claim to the half-breed tract, where the land in dispute lies.
And again in 1808, the Osages ceded to the United States all the land east of a line running from Fort Clark on the Missouri River, situate a few miles below the mouth of the Kansas; thence, due south to the River Arkansas, and down the same to the Mississippi; up the same to Sullivan's line; then west to the north-west corner, being a point one hundred miles due north of the mouth of the Kansas River; and with this line south to the north bank of the Missouri opposite the mouth of the Kansas. Sullivan's line was run in 1816, in execution of the Osage treaty of 1808, and is the northern boundary of the half-breed tract, and the line referred to in the treaty of 1824 with the Sacs and Foxes, and which the Osage treaty of 1808, included.
This treaty had every sanction that a ratification by our Senate could give it, and is a recognition of an Indian title in the Osages to nearly all the territory now embraced in the State of Missouri, and the greater part of Arkansas; and of an Osage right to the land claimed by Reddick up to November, 1808; and yet the county and town of St. Louis, the seat of government in Upper Louisiana during the existence of the Spanish colonial government there, the post of New Madrid, the county, town, and post of St. Charles,-were all within the cession made by the Osages; and within which cession, lay a great mass of Spanish orders of survey and grants, in regard to which this country has been legislating and adjudicating for nearly fifty years, without any one ever supposing that such concessions were affected by these loose Indian pretensions set up to the country at a time when the concessions were made; pretensions that the Spanish government notoriously disregarded, further than a cautious policy required. If permits to inhabit and cultivate were given in so many other instances, regardless of Indian claims, no reason exists why Honor e Tesson, could not lawfully improve the land in dispute under his permit; and in view of this notorious state of facts, the treaty of 1804 with the Sacs and Foxes, by an additional article, declared that nothing in that treaty contained should affect the claim of any individual (or individuals, if more than one) who had obtained grants of land from the Spanish government beyond the boundary lines of the country then ceded to the United States, on lands claimed by the Sacs and Foxes, but not ceded by that treaty; provided, that such grants had at any time been made known to the said Indian tribes, and recognized by them. That the large, valuable, and notorious improvements were made by Honor e, at a place where the Sacs and Foxes themselves resided at the time, is a historical fact. He resided there as notoriously as they did. His claim to this property was transferred to Reddick, and was occupied for twenty-five years under Tesson and Reddick, and his heirs before the treaty of 1824 was made. It was held and improved by authority of the Spanish government, and claimed as individual property, to which the Indian right of possession did not extend; of this the Indians never complained, nor do they now complain; no half-breed owner and Indian descendant is defending this suit; it is defended by trespassers, showing no color of claim under the half-breeds, or any one else; shelter is sought under the assumption that Honore's permit and inhabitation were neither known or recognized by the Sacs and Foxes, and that therefore, the additional article of the treaty of 1804, cannot protect the title of Reddick. We concur with the opinion of Mr. Attorney-General Grundy, in his report of 1839 on Reddick's title, to the Secretary of the Treasury, (Opinions of Attorney-Gen., 1230,) that it must be presumed that the Indians both had knowledge and assented to Honoree's claim; and we are furthermore of opinion, that the Indian tribes, and the half-breeds, who claim under them, must be held to knowledge, and to consent, that Honor e took and held, rightful possessions, from the fact of his open and notorious actual occupancy, and holding for himself, in their midst. This is the settled rule in other cases, and no reason is seen why it should not apply in this case. The reasons are quite as strong, and the rule quite as necessary in its application here, as it was in the case of Landes v. Brant, (10 How. 375,) where we enforced the rule. We are therefore of opinion that the supposed Indian right of occupancy did not affect the confirmation by Congress in this case, and that the remark of the recorder, 'It Indian rights extinguished,' was surplusage, and which remark Congress properly disregarded.
That the confirmation of 1816 carried the title with it, if the confirmation was valid, has so often been decided by this court, that it is not open to discussion; nor is it disputed here on behalf of the defendants below. The confirming act of 1816, however, ordered that a patent should issue according to a survey afterwards to be made, in all cases confirmed by the act. This has been done. The patent recites the necessary facts to connect the confirmation with the patent, and gives date to it by relation, as a legal title, from the 29th of April, 1816, according to the boundaries set forth in the patent; and as this ruling covers all the instructions that were given in the court below, and all such as were refused, we order that the judgment be affirmed.
This cause came on to be heard on the transcript of the record from the District Court of the United States for the Southern District of Iowa and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court that the judgment of the said District Court in this cause be, and the same is hereby, affirmed with costs.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).


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Area councils are political fora for the PSAC in the region. They allow discussion, collaboration and activism across Component lines and Directly Chartered Locals (DCLs). Area Councils are recognized in the PSAC Constitution and their delegates have voice and vote at PSAC National Conventions and the right to submit resolutions to both PSAC National and Regional Conventions. These bodies are given status by the PSAC through the Regional Executive Vice-President.
To form an Area Council, three Locals from different Components/DCLs must make an application to the PSAC. Locals must pass a motion of this intent at a Local membership meeting. These Locals must be in a geographical area that will allow meetings to be held at least four times a year. A letter of this intention must be mailed to the Regional Executive Vice-President and to your Component/DCL. Once the required three letters are received, the REVP will establish the Area Council. Start up and operational grants are available and the Area Council may decide to charge an affiliation fee.

subset: commoncrawl


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Bears need help from Packers to make playoffs
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The Chicago Bears might be rooting louder for Green Bay than even the most loyal Packers fans this week.
They need an assist from their biggest rivals.
The Bears (9-6) kept themselves in contention with a 28-13 win at Arizona on Sunday. Now, they need to win at Detroit this week and that's just the start.
''This time of year, you want to be in it, you want to be relevant, and we are, '' coach Lovie Smith said. ''We have a chance, and that's all you can hope for. It's not an ideal situation that we're in. But hopefully we can take care of business and do all that we can do. And from there, after we've gotten ourselves in this position, that's about all we can hope for. ''
He's banking on 10 wins being enough to get to the playoffs, and it will be if they take out the Lions and the Packers beat or tie Minnesota later in the day. They would also get in with a tie if Green Bay beats the Vikings.
The fact that they're facing more injuries heading into a must-win regular-season finale with a playoff spot up in the air doesn't make it any easier.
Running back Matt Forte (right ankle) and free safety Chris Conte (pulled hamstring) added their names to an already lengthy list, and although Smith declined to provide updates on those players, he did acknowledge depth at both positions is a concern.
Forte vowed to be ready after injuring the ankle for the third time this season. Kahlil Bell would figure to carry the load if he isn't, considering backup Michael Bush (ribs) went on injured reserve last week.
It wouldn't be a surprise if the Bears brought in help at safety. The only backup to Conte and Major Wright is Anthony Walters with Craig Steltz on IR because of a chest injury.
Meanwhile, the Bears could be getting some injured players back.
It's not clear if Brian Urlacher will be one of them, though. He hasn't practiced since he injured his hamstring against Seattle on Dec. 2.
Smith is ''hopeful'' the starting middle linebacker will return this week but wouldn't commit to it.
''Brian is a quick healer, and if he's ready to go, he will, '' he said. ''He's made a lot of progress. I'm not trying to run away from the question. We have to get to the practice week and see where he is. ''
Smith wouldn't say, either, if Gabe Carimi would stay at right tackle if Jonathan Scott is ready to return from his hamstring injury.
Either way, Smith liked what he saw from his offensive line Sunday. The holes were there for Forte, who ran for 88 yards and a touchdown on 12 carries before leaving the game, and so was the protection for Jay Cutler. He was simply off-target, completing just 12 of 26 passes for 146 yards. But with Zack Bowman recovering a fumble for a touchdown and Charles Tillman returning an interception for a score, Chicago had an easy time on Sunday.
Now, it needs some help.
The Bears find themselves in an awkward position, one they would have never envisioned after a 7-1 start. But they lost control of their playoff destiny by dropping five of six, fueling speculation about Smith's job security.
If they beat the Lions, they'll have to root for the Packers - a thought that would make George Halas cringe.
''It is kind of weird, '' cornerback Tim Jennings said. ''That's just what it comes down to. So hopefully everything will work out in our favor and we'll be back to where we need to be. ''
Would the Bears stay in Detroit and watch the Packers game?
''I hadn't gotten that far, '' Smith said. ''There are a lot of other things that have priority before it. We will be interested. All of that goes with us taking care of business first. So we're just going to concentrate on that. We hadn't made any decisions like that. ''
Notes: The Bears signed veteran LS Patrick Mannelly to a one-year contract extension through 2013 and waived WR Dane Sanzenbacher on Monday.
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From my understanding these towers had to be iconic and follow some sort of spiraling pattern. This Tower 4 is a joke. That setback at 700 ft is horribly executed and it literally looks like cubes stacked on top of each other. Lame shape, lame flattop roof and way too tall for a tower of this bad-caliber architecture. Perhaps the finished product looks alot better, but after seeing what I saw (unless they change it dramatically) I doubt it.
This tower could have pushed this whole complex over the edge and brought it up another level of excitement but this and the FT give it an anti-climatic presence of disappointment as opposed to the transportation hub, WTC2 and WTC3 in which you actually feel proud to have them built. All this of course IMO.
I took a little more time to go over the renderings given for this tower today (I'm still on rendering overload).
From what I've seen, this tower will have some of the best public space, including the restaurant overlooking the memorial. That atrium seems nice.
I just think a tower this gargantuan needs a little more detail at the top. Something to distinguish it a little more. It will be one of the tallest in New York, yet you probably couldn't pick it out of a lineup.
From the NYTimes slideshow of renderings, a slightly different angle that shows the entire building from the street level up:
Like I mentioned earlier, part of the problem is that its too simple to be
recognized anywhere. Maybe it needs the ornamentation at the top like
the rest of the family, similar to the way all of the World Financial Center
towers have distinctive tops. But it does have a somewhat sleek look to it,
even though it could lose some weight.
If Maki were to chamfer that corner on the lower part of the tower at the NW a bit -- not much, but something that perhaps widens a bit as it rises ...
Perhaps something like this ...
Definitely agree with the constructive criticisms of this tower. Reducing the bulk a little bit would make it soar (as Rogers realized in designing Tower 3), and doing something innovative with the crown - not anything flashy, just a nice "gesture" - would go a long way in completing this building. Right now, it really does look like a massing model.
But will Maki come through? I've been getting the sense that he's way too committed to the minimalist approach to make those changes. Is this something that should have been foreseen?
Someone mentioned in one of the other threads that Silverstein should have gone with Nouvel or Koolhaas for this one. I disagree - I think either of them would have given us something crazy and foreign-looking. Rogers and Foster made an excellent duo, but who could have designed a killer tower 4? I'm thinking of some American architects here, specifically, Thom Mayne (Morphosis). One can always dream...
More images with the NW corner of the base tower slightly chamfered ...
and a more detailed image of the chamfered corner ...
Last edited by lofter1; September 9th, 2006 at 03:29 PM.
Nice ^^^ thanks for the link!


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Posted By Deb Sullivan on Feb 3, 2012 | 0 comments
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East Bay Rowing
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Spring Junior Competitive Team signup is OPEN! mailchi.mp/d49e66c0fe95/2020springjuniorcompetitiveteam-3173757 ... See MoreSee Less
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April 26, 2019, 6:00 PM - May 25, 2019, 9:00 PM @ The Skylight Gallery located upstair's over Antonia's Restaurant
The Skylight Gallery, Hillsborough Artist Cooperative, 102 West King Street, located in downtown Hillsborough upstairs over Antonia's restaurant presents "Creative Quilt Design" by Marga de Bruijn, April 26 - May 26, 2019.
Most of Marga's quilts are constructed out of basic geometric shapes
(squares, triangles, diamonds). The light incorporated through the unique use of
color gives a sense of depth beyond what form can provide.


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(Santa Ana) –Today Lumina Foundation announced that Santa Ana, Calif., will be among the first 20 cities in America to partner with Lumina Foundation in a mobilization effort designed to increase the number of local residents with postsecondary credentials. This collaborative effort will establish a community-wide attainment goal for Santa Ana and support Santa Ana partners in achieving that goal. Partners will have access to significant technical and planning assistance, data tools, flexible funding and guidance from a network of national thought leaders.
"Our vision in Santa Ana is to have a college degree in every home by 2025. Our city, school district, university, parent, community, and business partners have joined forces to make our city a national model for collaboration and talent development—we are working together towards that exciting goal," said Erlinda J. Martinez, Ed.D., president, Santa Ana College.
Santa Ana was selected to join in this mobilization effort because of the work the Santa Ana Partnership; Santa Ana College (SAC); Santa Ana Unified School District (SAUSD); California State University, Fullerton (CSU Fullerton); University of California, Irvine (UC Irvine); and the City of Santa Ana are doing to improve postsecondary attainment rates. Through this effort, Santa Ana will amplify existing momentum by partnering with Lumina – as well as other national groups – to develop an action plan to increase the percentage of local residents with high quality certificates, associate degrees and bachelor's degrees.
According to the U.S. Census, 164,221 adults between the ages of 25-64 years of age or 17 percent of the Santa Ana's population hold some kind of college credential revealing that 83 percent have not earned a higher education degree. Currently, 38,884 households in Santa Ana have at least one higher education degree while 34,778 have none. To achieve the goal of one college degree in every home by 2025, approximately 2,777 additional higher education credentials per year need to be generated by Santa Ana residents.
"The City of Santa Ana helped to launch the Santa Ana Partnership and considers college completion to be a critical element of our future. There are currently 38,000 adults in our community who have started, but not finished college and another 46,000 who completed high school but never went on to college. We are committed to engaging with those members of our community and others to help make their dreams of a college degree come true," said Miguel Pulido, Mayor, City of Santa Ana.
Since 2011, the Santa Ana ¡Adelante! Program has made significant strides in creating a college going culture in of Santa Ana. The following accomplishments have been achieved thus far:
"Research shows a direct correlation between thriving cities and education beyond high school," said Jamie Merisotis, president and chief executive officer of Lumina. "Increased attainment delivers stronger local economies, greater individual earning power and better quality of life. Every community in America wants that, and we've designed this work to give leaders in Santa Ana and beyond the tools they need to be successful."
Through the initiative, Santa Ana will be eligible for an allocation of $200,000 from Lumina over a three-year period. The allocation will be tied to the achievement of goals and the overall effort connects to Goal 2025, a national goal to increase the percentage of Americans with high-quality degrees and credentials to 60 percent by the year 2025. The guidance offered to Santa Ana by national partners will be the most crucial part of the movement.
This new Santa Ana college degree attainment initiative will feature:
"This partnership model is a landmark opportunity for communities," said Jeff Edmondson, managing Director of Strive Together in Cincinnati. "These cities will have the opportunity to work arm-in-arm with a national thought-leader to identify and build upon what is already working to improve higher education attainment rates in their own backyards."
Project leaders from Santa Ana and the other 19 cities have already begun to participate in webinars with the national partners to prepare them for the upcoming months of strategic planning. Community representatives and project leaders are currently in Indianapolis for a two-day kick-off convening and workshop being led by Lumina.
"It is our hope that Lumina's support can fan the flames that are already burning in our partnership cities, improving results there and showing cities across the country how this gets done and just how transformational education can be for communities' social, economic and civic strength," said Haley Glover, strategy director at Lumina Foundation heading up this work.
The national thought-leadership organizations that Santa Ana officials will have access to through this initiative include: American Chamber of Commerce Executives, Aspen Institute Forum for Community Solutions, Brookings Institution, Council for Adult and Experiential Learning, DCA, Inc., Excelencia in Education, The Harwood Institute, Institute for Higher Education Policy, National League of Cities, OMG Center, Say Yes to Education Foundation, Strive Together, Talent Dividend and United Way Worldwide.
The other cities joining Santa Ana, Calif. in the first cohort of this initiative include: Albuquerque, N.M.; Boston, Mass.; Buffalo, N.Y.; Cincinnati, Ohio; Columbus, Ind.; Dayton, Ohio; Fort Wayne, Ind.; Greensboro, N.C.; Houston, Texas; Kalamazoo, Mich.; Louisville, Ky.; Memphis, Tenn.; Philadelphia, Pa.; Pittsburgh, Pa.; Providence, R.I.; Quad Cities, Iowa/Ill.; San Antonio, Texas; South Seattle, Wash., and Syracuse, N.Y.
About Lumina FoundationLumina Foundation is an independent, private foundation committed to increasing the proportion of Americans with high-quality degrees, certificates and other credentials to 60 percent by 2025. Lumina's outcomes-based approach focuses on helping to design and build an accessible, responsive and accountable higher education system while fostering a national sense of urgency for action to achieve Goal 2025. For more information, log on to: www.luminafoundation.org
About Santa Ana CollegeSanta Ana College (SAC), which will turn 100 years old in 2015, serves about 18,000 students each semester at its main campus in Santa Ana. The college prepares students for transfer to four-year institutions, provides invaluable workforce training, and customized training for business and industry. In addition, another 13,000 students are served through the college's School of Continuing Education located at Centennial Education Center. Ranked as one of the nation's top two-year colleges awarding associate degrees to Latino and Asian students, the college is also recognized throughout the state for its comprehensive workforce training programs for nurses, firefighters, law enforcement and other medical personnel. SAC is one of two comprehensive colleges under the auspices of the Rancho Santiago Community College District. Visit http://www.sac.edu to learn more.
Judy Iannaccone
(714) 480-7503


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Los Angeles: Here's Your Chance to Eat Burgers on TV for Kitchen Nightmares
Calling all LA Serious (Burger) Eaters! Kitchen Nightmares has come asked for a little help from Serious Eats on one of the upcoming shows that they're shooting in Los Angeles. (You may remember that I made a (very) brief appearance on that show earlier this year testing out a new pizza recipe at a restaurant called The Capri.)
This time they are taking on a burger spot and they want YOU to participate. It's all happening this Saturday, Sunday, and Monday. You'll be eating there pre-makeover and as it's in process (depending on the day you go). The restaurant getting the Gordon Ramsay treatment is Burger Kitchen. I reviewed Burger Kitchen after it just opened, but they've changed up a lot since then so you can see what they are up to now. If you'd like to have dinner there while the Kitchen Nightmares cameras roll, we've got the info. From the folks at Kitchen Nightmares:
For reservations while filming Kitchen Nightmares at Burger Kitchen in West Hollywood, email your name, party size, and phone number to [email protected] Please let us know of any previous dining experience at Burger Kitchen if applicable.
This isn't a freebie dinner, but they will be using the footage for the show, so if you want yourself and your burger opinions aired, this is your chance!


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I just registered to this site run by this strange creature called "Spud" .... but when I clicked the "activate account" link in the email, it said: 'your account has already been activated'
Another thing: I don't see any difference between the Solaris and the Subsilver theme. Maybe it's just me....
PS Great work, Spud! Good luck with the forum. I'll be dropping by from time to time. I don't like horror but I have a weak spot for Sci-Fi.


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These days finding a rust free vintage Datsun truck is nearly impossible. According to this commercial, back in 1984 "the port" was overflowing with so many of them, they needed an actor dressed like a captain to announce their big clearance sale.
It's interesting to note all of the "small pickups with big muscle" being sent to your local Datsun dealer already had Nissan displayed prominently across the bed by 1984. Regardless of what they were called, we sure wouldn't mind stumbling across a 27 year old King Cab 4x4 that still looks fresh from the port clearance.


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Duck-Pluck charity event for Oma's Heart set for Saturday
Oma's Heart, a charitable organization that offers low-income parents the ability to provide Christmas presents for their children, will hold one of its biggest fundraisers at the Shell Factory on Saturday, Nov. 9.
The annual "Duck-Pluck" event will be held from noon to 3 p.m., and will feature food, games, prizes and Santa, who will be in his motorboat with hundreds of ducks in the Shell Factory lake.
It is part of a very busy day for the Shell Factory which, at the same time, will be hosting Special Olympians.
All funds raised from the event goes toward the Oma's Heart Toy Store, which will be open at Christmas time for children in North Fort Myers and Cape Coral whose parents cannot afford Christmas presents for their children.
Santa will ride into the lake and pluck ducks for great prizes such as a trip for four to Disney World, tickets for a Dolphin Cruise and other prizes.
More than 500 ducks have been purchased and you can continue to purchase them until the event itself.
The event will also feature carnival games and a scavenger hunt for the kids, and is guaranteed to be a family-fun event, Barczek said.
"If you're looking for something to do with the kids, come to the Shell Factory and have fun with us," Barczek said.
The cost is $5 per duck, with six costing $25, 12 worth $50 and 25 ducks costing $100.
Every $25 donation sponsors one more child.
The organization has grown in the three years it's been in existence, thanks to exposure in the media and word-of-mouth, according to Susan Barczek, board member of Oma's Heart.
Last year, more than 1,000 children received gifts through the toy store. Parents who wish to be helped by Oma's Heart needs to pick up a voucher to register their child so the organization can help make it an experience.
Santa comes to the store, and Home Depot provides materials for children to build birdhouses and other things, Barczek said.
Rick Tupper, marketing director at the Shell Factory, expects several hundred people to come to the event.
"We're excited to have them. They're helping families get back on their feet and also help the adults by providing job opportunities so they can get out of the rut," Shell Factory owner Pam Cronin said.
The mission statement for Oma's Heart is to offer parents the ability to provide Christmas gifts for their children, with the help of volunteers who have the desire to obtain and supply cost-free merchandise, renewing Christmas spirit in parents through a financially difficult time.
For more information, contact them at their website: www.omasheart.org.
As for the Special Olympians, Tupper said it is something the Shell Factory decided to do as a way to support the community and to thank a customer for a big donation.
Thirty Olympians and 25 chaperones will go in the store, have lunch and tour the Nature Park.


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Mims – This Is Why I'm Hot (Paul Loeb Remix)
The original version of this track brings me back to high school. This is my attempt at a fresh mix with the new "G-House" sound, popularized by Destructo, Dirty Bird, Shiba San, Amine Edge & DANCE, etc. Turn up the bass and enjoy!


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Submitted by Sabin on
June 16, 2011
Reducing dependencies on foreign funding for national immunization programs is a necessary step to insuring that the programs are in place for future generations, according to the Sabin Vaccine Institute's Sustainable Immunization Financing (SIF) Program in an article published in the June edition of Health Affairs.
Vaccines, the most cost-effective health intervention available, have prevented more than two million deaths annually and represent an important tool for reducing child mortality and achieving several of the Millennium Development Goals. But these gains will be reversed unless financial, legislative and political hurdles are overcome, say the authors.
While the cost of fully immunizing a child has steadily risen, governments' investments in immunization are not keeping pace. The authors report that in the 65 countries with annual per capita gross domestic product (GDPs) below US $1,500, the government share of routine immunization budgets was 32 percent in 2007 and 35 percent in 2009. These figures do not include new and underutilized vaccines for diseases including pneumococcal disease, rotavirus, and Haemophilus influenzae Type B.
"It's imperative that countries achieve sustainable immunization financing so that they not only lessen their dependence on foreign sources, but also increase country ownership of their programs. This will require building the capacity of key domestic institutions so that they can provide an essential public health good to their citizens," said Dr. Mike McQuestion, Director of the SIF Program. "The 'Decade of Vaccines' won't achieve success if countries increasingly have access to vaccines, but cannot afford them or do not have the capacity to sustain their immunization programs."
Funded by the Bill & Melinda Gates Foundation, Sabin's SIF Program has been working since 2007 to ensure accessibility and affordability of immunizations in 15 pilot countries in Asia and Africa.
"Creating Sustainable Financing and Support for Immunization Programs in Fifteen Developing Countries" was co-written by Dr. McQuestion, Sabin Executive Vice President Dr. Ciro de Quadros, and SIF Senior Program Officers Dr. Clifford Kamara, Dr. Devendra Gnawali, Diana Kizza, Jonas Mbwangue, and Dr. Helene Mambu-Ma-Disu.
About Sabin Vaccine InstituteSabin Vaccine Institute is a non-profit, 501(c)(3) organization of scientists, researchers, and advocates dedicated to reducing needless human suffering caused by vaccine preventable and neglected tropical diseases. Sabin works with governments, leading public and private organizations, and academic institutions to provide solutions for some of the world's most pervasive health care challenges. Since its founding in 1993 in honor of the oral polio vaccine developer, Dr. Albert B. Sabin, the Institute has been at the forefront of efforts to control, treat, and eliminate vaccine preventable and neglected tropical diseases by developing new vaccines, advocating use of existing vaccines, and promoting increased access to affordable medical treatments. For more information please visit www.sabin.org.


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My son will turn five years old this month, and I have a problem. Kindergarten registration is next month, and I live on the wrong side of the road.
I live on the west side of a major road in my town, and everyone on my side of the street goes to a certain elementary school. This school has average (at best) test scores, a crumbling building, a lot of distracting behavioral issues among students and is anything but desirable.
Those who live on the east side of the same road, including most of my son's friends, go to another school. This one is a much newer building, with better technology, better teachers, better test scores and a year-round school calendar. A desirable school, to say the least.
But because we live in an apartment on the west side of the road, rather than an apartment six feet away on the east side of the road, I do not have the option to send my son to the better school that his friends will go to.
The absurdity goes much further when you realize that the distance I live from this school is actually much less than the distance many of the other families that are actually within the zone live from the school. Their children will attend that school.
I, as a concerned parent, am now forced into a decision: either move so that I can reside in the proper geographic location to send my son to that school, or cross my fingers and hope that he will do well at the sub-par school.
We move March 1.
Someone, anyone, justify this system to me.
Education is quickly becoming the demilitarized zone of American politics. Left, center or right, we all agree our system is broken. All ideologies believe in the need for fundamental reform. And a consensus is quickly forming that — at least on this issue — we all have the best of intentions.
When it comes to our kids and making sure they are brought up with the best possible education, we are starting to realize that we all care about the kids more than our political gamesmanship. Well, most of us, at least.
Liberals have increasingly abandoned their belief that conservative education policy is about trying to use schools as a testing ground for evil, profit-driven educational experimentation and market philosophy. Conservatives are increasingly realizing that the left is just as frustrated with the status quo as they are, and are now willing to take a good, hard look at the system.
Certainly, it is true that right and left still differ on policy and there are indeed political brawls over education, but at the very least we don't tend to question each other's motivation any longer, as a general rule.
Young, energetic, articulate education reformers are popping up everywhere. Democrats Adrian Fenty, Michelle Rhee, Arnie Duncan and Corey Booker — to name a few — have all become loud advocates for a new paradigm in education. They have been willing to consider market-based education reforms, have questioned the power of teacher unions, teacher tenure and other former sacred-cow issues.
One of the three major priorities stated in Gov. Paul LePage's State of the State address was education. LePage has a radical reformer of his own in the Department of Education in Commissioner Steve Bowen.
LePage and Bowen will be pushing big, radical changes in the coming months, and their ideas will find a lot of common ground among well-intentioned members of both parties.
What would I like to see happen? I would like to see money from the state attached to the head of the child, rather than the particular geographic location. There is absolutely no reason that living a foot on the wrong side of the road should be the determining factor for where my son — or anyone else's child — goes to school.
This would reward high-performing schools, allowing them to grow and expand and serve more students, and it would allow failing schools to wither on the vine.
I would like to see teachers paid more and administrators paid less. I would like to see excellent teachers — such as my wife, Erin — rewarded for their talent, and poor teachers no longer protected by tenure.
But above all, I want to see fundamental change. Try something, try anything. The status quo isn't working.


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Siteimprove Announces Release of New Readability Feature
okt 05, 2016
MINNEAPOLIS, MN – October 5, 2016 – With the importance of user experience on the rise, Siteimprove is excited to announce the release of Readability within Quality Assurance. The new Readability feature will help customers evaluate and improve the readability of their website content. Making readability improvements can increase the amount of content visitors consume and interact with, which is often vital to an organization's branding and buying process.
Readability is the measure of how difficult content is to read and understand. Globally, readability recommendations and requirements can differ, but based on the average reading level of the general public, best practice is to aim for a reading level of a 12-year-old. For accessibility purposes,
WCAG 2.0 guidelines state that content should not be more advanced than the lower secondary education level.
Siteimprove Readability provides customers a full overview of their web pages with a readability score tested against one of seven recognized readability tests. Before the score is calculated, Siteimprove Readability extracts the textual content of a page utilizing machine learning and returns results based on the actual content of the page. Readability also highlights instances of poor readability elements exactly where they occur, including long words, long sentences, and polysyllabic words.
With this information, Readability gives web teams the ability to evaluate and improve content, whether that's focusing on difficult-to-read web pages or setting an overall goal to meet an average reading level.
"Creating a tool that allows customers to check the overall quality and readability of their web content is a top priority for us," said Kate Sygrove, Director of Product Development at Siteimprove. "Readability has truly given us the ability to offer customers an all-in-one web governance tool where they can check on both the quality and complexity of their web content and take action to make improvements."
Customers from several markets tested the Readability feature prior to launch, including customers from the United States, Canada, the United Kingdom, Denmark, and Australia. Tim Peterson, Creative Director of Texas Parks & Wildlife, tested the Readability feature and immediately saw value in being able to access everything he needs for web governance in one location.
"Previously we didn't really have a way to check our entire site's content and include it as a part of our web governance process," Peterson said. "With the new Readability feature, we can see the readability test results directly on the page reports right alongside our other Quality Assurance factors, giving us an easy way to check the quality of our content overall."
With seven recognized readability tests, Readability provides a solution for customers in a wide variety of industries and markets. Siteimprove Readability has a choice of ARI (Automated Readability Index), Coleman-Liau, Flesch Kincaid Grade Level, Flesch Kincaid Reading Ease, Gunning Fog, LIX, and SMOG to test content against. If customers don't know which test to select, Readability defaults to the test best suited to their market.
About Siteimprove
Siteimprove provides organizations of all shapes and sizes with solutions that make website management, maintenance, and optimization both easier and more affordable. With a worldwide customer base of nearly 4,000 customers, Siteimprove serves dozens of markets from offices in Amsterdam, Berlin, Copenhagen, London, Minneapolis, Oslo, Sydney, Toronto, and Vienna. For more information, visit siteimprove.com.


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Ideally we would like someone who has studied resource management, has their Grow Safe or Chemical application qualifications. However if you have experience operating weed eaters, push and ride on mowers, hedge trimmers, chainsaws and leaf blowers while knowing weed control tactics we would like to hear from you!
- Industry based pay
- Weekly pay with Annual Leave, Sick Leave and ACC entitlements
- Flexibility of being a temp but consistent on-going work
- Additional training for the right Candidate
- You must legally be entitled to work in New Zealand
- You must be able to pass a pre-employment drug screen
- You must have a minimum of a Class 1 Restricted Licence and reliable transport
- Grow Safe, Chemical Application of Resource Management will be beneficial
Due to health and safety all successful applicants must pass a pre-employment drug screen and must legally be entitled to work in New Zealand


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Baldwin Park, a neighborhood in the heart of Orlando, is an upscale village along Lake Baldwin that offers a variety of shopping, dining, and activities. Apartments in Baldwin Park Orlando are close to offices, quaint boutiques, several smaller lakes, and the arts district of nearby Winter Park.
This neighborhood offers a choice of beautiful luxury communities with abundant amenities. Baldwin Park Orlando apartments start at approximately $1100 for a one bedroom. A two bedroom rent might be in the range of $2200, and a three bedroom might be in the vicinity of $2300 to $2700 or higher. Loft-style and bungalow units add to the choices as well as townhomes.
Right in the neighborhood you will find an array of eateries. Enjoy Colibri Mexican Cuisine close to the lake or Gator's Dockside across the street. Those who love Japanese fare will find Seito Sushi Japanese Restaurant the place to go for enjoyment of modern Asian cuisine. You might be in the mood for pizza, and La Bella Luna will fill the bill with their pasta and pizza menu. You will even be able to find burgers and fries right down the street at Five Guys. So many choices are available on those days when you are in the mood for a night out close to home.
You will be a short drive from Winter Park Village and the Premiere Cinema 14. Additionally, Orlando offers abundant choices of museums, theatre and dance as well as the marvels of Downtown Disney, about a half hour's drive away from home. Orlando Fashion Square Shopping Mall and boutique shopping are part of living here as well.
Apartments in Baldwin Park typically accept cats and dogs. Moreover, some communities include a pet park for those walks with Rover. Trails can be found in Baldwin Park as well, and walking your dog is convenient and part of the relaxed ambiance of the area's scenic trails. Pamper your pet with trips to the PetSmart at Fashion Square Mall nearby or Magic Pet right in Baldwin Park.
Several buses, including the #29 and #40 travel between Baldwin Park and the downtown area as well as the Orlando Amtrak station. A short commute by car down Colonial Drive will bring you into downtown. In fact, with offices right in Baldwin Park, commuting might be done on foot or with a bicycle. For long distance commuters, the Orlando International Airport is a short drive via Highways 417 and 528 or right down Seminole Boulevard.
Apartments for rent in Baldwin Park will give your children access to Audubon Park Elementary School, Glenridge Middle School as well as the private Grace Christian Academy and Alpha Christian Academy. Winter Park High School is nearby, and public schools in Baldwin Park are part of the Orange County Public School District. For higher education, the second largest university in the country, the University of Central Florida, is located in Orlando. Its many colleges and degree programs offer a superb choice of educational opportunities at affordable tuition. Living in Baldwin Park you will be close to UCF as well as Valencia Community College in Orlando.


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Fulmer gets $3M, Pearl $2.3M average yearly pay in new deals
KNOXVILLE, Tenn. (WVLT) -- New contracts are being handed out to two University of Tennessee coaches.
UT head football coach Phillip Fulmer has been given a new deal worth an average of $2.99 million annually. Starting in the 2008 season, Fulmer's contract is worth $2.4 million and climbs to $3.3 million by 2014.
Concerning Fulmer's new contract Wednesday morning, UT Men's Athletic Director Mike Hamilton said, "There's a built-in annual increase based on performance, where he can actually have additional increases and we think it's a very fair package in the context of what's going on out there nationally."
Fulmer's new contract also included a $1 million longevity bonus in 2012 for 20 years as head coach, and an automatic $150,000 annual raise.
Fulmer could get up to a $1 million automatic pay increase if he meets certain goals including an SEC Championship, playing in a BCS bowl game, and winning the BCS National Championship.
Men's head basketball coach Bruce Pearl also received a contract extension through 2014 as well as a new deal worth an average of $2.3 million a year. Pearl's deal starts at $1.6 million for the 2008-09 season and goes up to $2.2 million by 2014, and includes a $1.5 million upfront bonus.
Pearl's contract buyout amount is $2.5 million, and decreases to $1 million over the next five years.


text: First the bridge interiors. These I made back in 2005. The TWOK bridge was made up to scale 1:1, I used the bleuprints they made for building the actual movie bridge, since it has been a few years, I'm not that sure, but I think I got them from Seanr. From that I used the circumference of the TWOK bridge to build the TUC bridge, and they do line up perfectly, distance to the ceiling, distance from the center to the turbolifts. And I had some nice bleuprints of the TUC stations. So that would mean I did as much as I could do to have them up to scale. The Ent I build in 2008, in AutoCad, no textures, all panels build. You will understand, building the Ent panel by panel, one must be sure that the measurements are correct. I used numerous of sources, provided to me by fellow modelers. And it was also build 1:1. I can also say that the bridge module is a match to Dennis Bailey's bridge module. So I guess that would be OK. So yesterday, to proove my statement that every bridge would fit, I thought, wat if I would merge the bridges into my Ent? and to my surprise those pics is what turned out. Now, here is a pic so you can see there is no other possibility: What you see here is the TWOK bridge, the green lines are the center of the dome, we know (at least I know) that the turbolifts are set 30 degree from the center, these are the red lines. I also know the distance of the center of the turbolifts to the center of the bridge ie dome. On the outside of the module I know the top of the turbolifts because I can see them. Put those together and done. Hope this makes sense. In other words, making the circumference of the bridge bigger, and the center will shift away from the center of the dome, or if you keep the center, the lifts will shift further away. Here is another one:


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SportsDirect Inc.
Recap: Browns 20, Raiders 17
Browns 20, Raiders 17: Brandon Weeden threw for 364 yards and connected with fellow rookie Josh Gordon on a 44-yard touchdown pass in the second quarter as Cleveland snapped a franchise-record 12-game road losing streak.
Gordon had six receptions for a season-high 116 yards and fellow first-year star Trent Richardson added a 3-yard touchdown run for the Browns (4-8), who secured their first road victory since Sept. 18, 2011.
Gordon gave Cleveland a 10-0 lead in the second quarter after racing past cornerback Ron Bartell and snaring Weeden's deep ball as he entered the end zone.
Carson Palmer hurled a 64-yard touchdown pass to Rod Streater with 17 seconds left in the third quarter. Palmer, who finished with 351 yards and two touchdowns, ended the Raiders' ensuing drive in the fourth with an interception to cornerback Sheldon Brown.
Richardson effectively handed the Raiders (3-9) their fifth straight loss by capping a 14-play, 94-yard drive with 3:27 remaining. The touchdown was Richardson's second in as many weeks.
GAME NOTEBOOK: Cleveland's Phil Dawson made 41- and 35-yard field goals to extend his franchise record to 29 straight successful kicks before missing from 28 yards out in the third quarter. ... Weeden threw a pair of first-half interceptions, but the Browns did not surrender a point off those miscues. ... The Browns confirmed on Sunday that Eric Eucker, who was a member of the team's grounds crew, killed himself at their practice facility.


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Bill collectors, petition gatherers, creepy neighbors, cheerful-looking people who want to talk to you about your relationship with God, tell them all it's safe to cross into your home when this Pitfall! croc shuts his mouth.
This rubber welcome mat runs $50 from gadget house Meninos. They also sell a black-and-white one featuring the Pitfall! scorpion. Much more creative, and less antisocial, than the good old "GO AWAY" doormat.
Pitfall Crocodile and Scorpion Doormats Encourage Guests NOT to Wipe Their Feet [Craziest Gadgets via Destructoid]


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Saint Gobain Indonesia
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Also certified in32 other countries
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NEW YORK (LowCards.com) -- Americans are doing a better job of paying off their credit card debt, and in a timely manner.
According to the
latest report
, the average credit card debt per borrower fell 1.7%, to $4,878, in the first quarter of 2013, down from $4,962 a year ago. It declined 4.8% from $5,122 in the fourth quarter of 2012 when consumers charged their holiday shopping.
The credit card delinquency rate -- defined as payments at least 90 days overdue -- dropped to 0.69% in the first quarter of 2013 compared with 0.73% a year ago. In addition, this rate represented a 18.8% seasonal decline from the 0.85% posted during the fourth quarter of 2012.
The study also showed a decline in new credit card accounts. The latest data from the fourth quarter of 2012 found new credit card originations dropped 1.6% from the year before, from 7.695 million new accounts to 7.570 million.
"We traditionally see credit card delinquencies and balances decline during the first three months of the year as many people pay down their holiday shopping balances or use their tax refunds to pay off their debts," said Ezra Becker of TransUnion. "The year-over-year improvement in credit card delinquencies is indicative of how consumers continue to value their credit card relationships."
The report found the four states with the highest credit card delinquency rates were all from the South: Mississippi, Alabama, Arkansas and Georgia. The lowest delinquency rates were South Dakota, North Dakota, Montana and Minnesota.
Alaska had the highest credit card debt per borrower, averaging $6,789, while Iowa had the lowest at $3,810.
Bill Hardekopf is chief executive of
, which compares and rates more than 1,000 credit cards. He is the co-author of "The Credit Card Guidebook."


text: Standards of Practice set out the legal and professional basis for the practice of Naturopathic Medicine. Each standard describes the expected level of performance for that topic, and together they form a framework for ensuring continuing competence among NDs. Standards of Practice are established as a consensus of the profession and are statements from NDs on how they practice. They are subsequently used by the profession to evaluate the performance of NDs by their peers.


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pay it forward (and a giveaway)
19 comments:
They are sooo cute!! I'm due with a little boy at the end of July, one would be perfect for his little head. :)ReplyDelete
I love this concept! We have also been beneficaries of a coffee pay it forward! I would pass on one of these adorable hats to either my sister who is due in July or a blogger friend who just announced she was pregnant:)ReplyDelete
Aww, Jen - that's really sweet! Definitely inspires me to pay it forward.ReplyDelete
I think my wee 1 month old boy would look cute in a pom pom hat. :)
sweet! my friend Adria just had a baby girl ... the pom pom hat would be so cute on her. :)ReplyDelete
- Erin V.April 16, 2012 9:48 AM
how nice! I love the pom pom blue one and the cream one. :)ReplyDelete
Great idea. I love the dark blue one. I'd pay it forward by giving the hat to my friend, Miki, who just had her first child- a son- last night. :)ReplyDelete
I'm too late for a hat, but I'll be thinking up my own way to "crochet it forward". thanks for a happy post.ReplyDelete
Love this! The grey is my fave - and I will definitely pay it forward.ReplyDelete
- StephanieApril 16, 2012 12:35 PM
I've got a little nugget on the way, due the first week of June and I just know my babe would love a hat!ReplyDelete
i love this idea and, regardless of whether i win, i'm going to do that next time i'm in the starbuck's drive-thru--what better way to make your own day than make someone else's?ReplyDelete
i love all three hats--any of them would be so sweet on my little one's head due in a couple months.
- Karlee HoffartApril 16, 2012 3:52 PM
I love the gray one- my little one is due in October so it's perfect.ReplyDelete
- JenniferApril 16, 2012 4:41 PM
I love the pompom one. So cute. I recently got a free skein and would love to make someone's day with it.ReplyDelete
You are so sweet!ReplyDelete
My besti just had a baby on Friday, I would love the gray one for her :)))))))
Hope I win!
- AnonymousApril 17, 2012 8:29 AM
These are so cute! I'm due in the end of July--love the cream. Also, I love, loved your recent posts about parenting (advice and your daughter's reaction to being a big sis). I worry all the time about how my 4-year-old boy will react to his new sis.ReplyDelete
I hope things get a little easier for your girl very soon.
So cute! What a great idea. I have a friend due in a few weeks and I could definitely pass this on to her. The cream one would be perfect.ReplyDelete
They are so perfect for a tiny little head. Cozy and warm.ReplyDelete
I have a few friends who are pregnant and I would love to pass it along to any one of them.
i love the cream little hat! i'm due in October and I just know it would be adorable on our little bean!ReplyDelete
They are all cute...but I love the gray one!ReplyDelete
When I worked at Starbucks we had a whole morning of pay it forward. Many people were taken off guard. It was pretty cool to see it go on for a few hours uninterrupted.ReplyDelete


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Export 10 results:Author Title Type [ Year]
Filters: Author is Panagiotis Apostolellis [Clear All Filters]
"Supporting Social Engagement for Young Audiences with Serious Games and Virtual Environments in Museums", in Museum Experience Design: Springer Series on Cultural Computing, Cham: Springer International Publishing, 2018, pp. 19 - 43.,
"Audience Involvement and Agency in Digital Games: Effects on Learning, Game Experience, and Social Presence", in Proceedings of the 15th SIGCHI International Conference on Interaction Design and Children (IDC '16), Manchester, United Kingdom, 2016.,
"Supporting Social Engagement for Young Audiences with Serious Games and Virtual Environments in Museums", in CHI Workshop: Involving the Crowd in Future Museum Experience Design at the ACM Conference on Human Factors in Computing Systems (CHI'16), San Jose, CA, 2016.,
"Small Group Learning with Games in Museums: Effects of Interactivity as Mediated by Cultural Differences", in ACM Interaction Design and Children, Medford, MA, 2015. IDC15_Paper_v7_camera-ready.pdf (889.79 KB),
"C-OLiVE: Group co-located interaction in VEs for contextual learning", in 2014 IEEE Virtual Reality (VR)2014 IEEE Virtual Reality (VR), Minneapolis, MN, USA, 2014. VRDC2014_submission_PA.pdf (849.11 KB),
"Co-located Collaborative Play in Virtual Environments for Group Learning in Museums", in ACM Interaction Design and Children, Aarhus, Denmark, 2014.,
"Evaluating the Effects of Orchestrated, Game-Based Learning in Virtual Environments for Informal Education", in Advances in Computer Entertainment Technology (ACE), Funchal, Madeira, Portugal, 2014. ACE2014_Paper_v4_camera-ready.pdf (906.93 KB),
"Poster: Exploring the integrality and separability of the Leap Motion Controller for direct manipulation 3D interaction", in 2014 IEEE Symposium on 3D User Interfaces (3DUI)2014 IEEE Symposium on 3D User Interfaces (3DUI), MN, USA, 2014.,
"RabBit EscApe: A Board Game for Computational Thinking", Interaction Design and Children. ACM Press, Aarhus, Denmark, pp. 349-352, 2014.,
"A gaming interface using body gestures for collaborative navigation", 2012 IEEE Symposium on 3D User Interfaces (3DUI)2012 IEEE Symposium on 3D User Interfaces (3DUI). IEEE, Costa Mesa, CA, USA, 2012.,


text: According to a new study from the University of Rochester Medical Center, in case of bomb attack, medical authorities need to treat children differently from adults because their developing bodies would absorb and respond to the radiation exposure in distinct ways. Researchers will present the findings October 30, 2007, at the American Society for Therapeutic Radiology and Oncology annual meeting in Los Angeles. The Rochester study is among a number to result from a $21 million grant awarded in 2005 by the National Institutes of Health/National Institute of Allergy and Infectious Disease. Investigators studied plasma cytokine changes and the expression of tissue biomarkers when adult and juvenile mice were exposed to a single low dose of external radiation between 0.5 and 10 gray, the unit of energy absorbed from ionizing radiation. The dose was designed to mimic the exposure from a dirty bomb. The tissue response of the younger mice indicated the radiation was more damaging, possibly causing long-term harm to the body's structure and function. "It's difficult to think about developing strategies for a horrific, hypothetical event," said Jacqueline Williams, Ph.D., research associate professor of Radiation Oncology at the University of Rochester's James P. Wilmot Cancer Center. "But our work is teasing out some important nuances about how children and adults - and perhaps even the elderly - respond to exposure to radioactive particles. Our work could also apply to the clinical setting, as we learn how to better protect normal tissue from radiation exposure." A dirty bomb is designed to leave behind a great amount of radioactive debris. Scientists believe that such a bomb would likely emit a combination of gamma, alpha and beta rays. That combination can destroy cells in the lungs and intestines, particularly when inhaled or ingested. The next step is to study precisely how internal radioactive contamination might affect animals and humans. Exposure to inhaled radioactive particles is very different from exposure to external radiation exposure. When a person receives external radiation to treat cancer, for example, he or she does not become radioactive. The exposure stops once the therapeutic radiation beam is turned off. But continuous exposure, internally, to radioactive particles is a potential health risk. In the event of an attack with a radioactive or dirty bomb, radioactive dust and particles would likely stay in the air and linger on the ground, and breathing in or eating the radioactive dust could lead to long-term contamination. After the 1986 Chernobyl nuclear power plant explosion, for example, children drank milk from cows that had ingested radioactive particles by grazing in contaminated fields. The radioactive material eventually caused cancer in many of those children, Williams said. Although scientists have not studied much about the consequences of inhaled radioactive exposure since the Cold War ended, the government ramped up funding for this type of research after the Sept. 11, 2001 attacks. The University of Rochester was among several centers nationwide selected to improve the country's response to a radiological event. Scientists are not sure why juvenile mice responded differently than adult mice to radiation exposure, and they are continuing that investigation. Rochester researchers are also looking at ways to measure the original dose of radiation a person received, after the fact. Currently, doctors look for symptoms such as skin redness and vomiting in patients with suspected radiation poisoning. But those symptoms are vague and can be elicited by stress, William said. The Rochester study has focused on developing evidence such as biomarkers that could be used in a mass casualty event to assign treatment. Source: EurekalertGAN/V << Halle Berry Exposes Her Worst Childhood Memories Increasing Ozone Levels Pose a Threat to Global Vegetation >> Most Popular on Medindia Turmeric Powder - Health Benefits, Uses & Side Effects Diaphragmatic Hernia Pregnancy Confirmation Calculator More News on: Height and Weight-Kids


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Juliana Lawrence
San Antonio, TX | Established. Jan 01, 2014
This band has no press
Still working on that hot first release.
Feeling a bit camera shy
Juliana Lawrence
Singer/Songwriter/Recording Artist
Juliana Lawrence is a south Texas native born and raised in the rural outskirts of San Antonio. She developed her love of music at the tender age of eight when she received her first guitar. Since then, Juliana has become a skillful musician, talented songwriter, and singer. She is also an exceptional performer noted for her singing performances and the excitement she brings to the stage with her enthusiastic guitar and drum playing.
Recording artist Edgel Groves stated, "Juliana is one of the rare finds in the music business. She is very talented vocally, musically, and knows how to write a great hit-sounding song for the public! She is very driven and a wonderful person."
Juliana studies vocals under Buzzy Orange, well-known vocal coach to a number of country music stars including Amy Grant, Carrie Underwood and Faith Hill. She has recorded a number of original tracks including performance favorites like "Heels on Wheels" and "Drive." Most recently, Juliana recorded two new tracks titled "Radio Anthem" and "Right Road."
In 2015, Juliana was a finalist in the Pepsi Southern Original Competition. She performs at a number of local venues in Nashville including Whiskey Bent, Commodore Grill, Twin Kegs and the famous Blue Bird Café. She also performed on the History Channel's American Pickers and Antique Archeology.
Juliana's music is available for purchase on iTunes, Amazon and Google Play. To learn more about Juliana Lawrence and for a list of upcoming performances, visit julianalawrence.reverbnation.com or www.stat1ent.com/Juliana-Lawrence/audio
Band Members


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Following the terminology of $n$-Lab, a geometric stack $\mathcal{X}$ on a site $\mathcal{(C,J)}$ is a stack for which there exists a representable epimorphism $X \to \mathcal{X}$ from an object $X$ of $\mathcal{C}$ (viewed as a representable presheaf). Equivalently, $\mathcal{X}$ is geometric if and only if there exists a (nice enough) groupoid object $\mathcal{G}$ in $\mathcal{C}$ such that $\mathcal{X}$ is (2-iso to) the stackification of the strict presheaf of groupoids $Hom(blank,\mathcal{G})$ (where nice enough essentially means that you can take enough iterated pullbacks in $\mathcal{C}$ to form a $\mathcal{C}$-enriched nerve).
My question is, is there a more intrinsic definition of geometric stack? By "more-intrinsic" I mean a definition that does not use the existential quantifier. For example, if our site is topological spaces, we know a presheaf is representable if and only if it sends colimits in $Top$ to limits in $Set$. Since geometric stacks are in some sense a natural generalization of representable presheaves, it would seem natural to expect a similar characterization of geometric stacks (at least in the case when our site is nice enough, like $Top$).
I ask this mostly because, although in some circumstances there is a natural atlas or a natural choice of representing groupoid object around to try to prove that something is a geometric stack, proving that a stack is NOT geometric becomes very difficult when the definition involves the EXISTENCE of a nice atlas.
If someone only knows the answer for certain sites, this is still interesting to me.


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Woman who embezzled more than $1 million from New York archdiocese gets 4½ to 9 years
NEW YORK -- A former clerk who embezzled more than $1 million from the Archdiocese of New York will spend 4½ to 9 years in prison.
Anita Collins was sentenced Thursday.
She also was ordered to pay restitution. Assets seized by the Manhattan district attorney's office include Madame Alexander dolls, art and other collectibles.
She pleaded guilty to grand larceny last month.
DA Cyrus R. Vance Jr. said the thefts occurred over seven years.
The money was supposed to be used to run a central office for some of the area's Roman Catholic schools.
Archdiocese staffers and outside auditors spotted the theft and alerted prosecutors.


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The innovation in interface measurement
Levelflex FMP55 Multiparameter
Levelflex FMP55 with SensorFusion offers you the worldwide first combination of the capacitance and guided radar measuring principle in one device. The instrument guarantees safe measured value acquisition even in emulsion layers and issues level and interface layer signals simultaneously. This makes Levelflex FMP55 Multiparameter the new standard in interface measurement.
Levelflex FMP55 has been especially designed for interface measurement in the oil & gas, chemical and power industry. Consistent product quality, plant safety and economic efficiency are important aspects for any measuring point.
For processes where interface layers are present a precise measurement is decisive for the safe control. The availability of the measuring point and process safety are of the utmost importance in the operation of any plant. Being the world market leader in the guided radar measuring technology Endress+Hauser offers you safety, precision and efficiency during engineering, procurement, commissioning – in brief, across the entire life cycle of the product.


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After providing services to refocus the SEO, set-up Google Analytics and Webmaster Tools at Google and Bing for his partner's site KT's Kitchen under his SquareSpace.com account, Peter Asmus felt it was safe to have
a multi-page site addressed for improved visibility and marketability. Peter's site has multi-pronged marketing intentions, promoting his services
at the company he works at, Navigant Research,
the company he runs, Pathfinder Communications,
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