text:
BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN et al., Appellants, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. et al. Robert N. HARDIN, Prosecuting Atty., 7th Circ., Ark., et al., Appellants, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. et al.
89 S.Ct. 323
21 L.Ed.2d 289
BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN et al., Appellants,
CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. et al. Robert N. HARDIN, Prosecuting Atty., 7th Circ., Ark., et al., Appellants, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. et al.
Nos. 16, 18.
Argued Oct. 22, 1968.
Decided Nov. 18, 1968.
Rehearings Denied Jan. 13, 1969.
See 393 U.S. 1045, 89 S.Ct. 610.
James E. Youngdahl and Leslie Evitts, Little Rock, Ark., for appellants.
Robert V. Light, Little Rock, Ark., and Martin M. Lucente, Chicago, Ill., for appellees.
Mr. Justice BLACK delivered the opinion of the Court.
These cases raise the question whether the Arkansas 'full-crew' laws, specifying a minimum number of employees who must serve as part of a train crew under certain circumstances, violate the Commerce Clause or the Fourteenth Amendment. The constitutionality of these Arkansas laws has been specifically upheld against challenges under the same constitutional rpovisions in three decisions of this Court, in 1911, in 1916, and again in 1931.1 In the present cases, however, the District Court found that as a result of economic and technical developments since our last decision on this subject, the statutes were no longer justified as safety measures, the ground on which they had formerly been sustained, and struck them down as contrary to the Commerce Clause of the Constitution and the Due Process Clause of the Fourteenth Amendment. 274 F.Supp. 294 (D.C.W.D.Ark.1967). We noted probable jurisdiction, 390 U.S. 941, 88 S.Ct. 1035, 19 L.Ed.2d 1128 (1968). We disagree with the District Court's holding that the railroads have shown a change in circumstances sufficient to justify departure from our three previous decisions. We therefore reaffirm those cases and reverse the judgment of the District Court.
The first of the two statutes challenged here was enacted in 1907, and this law makes it an offense for a railroad operating a line of more than 50 miles to haul a freight train consisting of more than 25 cars, unless the train has a crew of not 'less than an engineer, a fireman, a conductor and three (3) brakemen * * *.'2 The second statute, enacted in 1913, makes it an offense for any railroad with a line of 100 miles or more to engage in switching operations in cities of designated populations, with 'less than one (1) engineer, a fireman, a foreman and three (3) helpers * * *.'3 These two statutes, the constitutionality of which this Court previously upheld, are precisely the statutes here challenged and struck down.
This latest attack on these Arkansas laws was commenced by a group of interstate railroads operating in Arkansas which asked the United States District Court to declare the statutes unconstitutional and enjoin two Arkansas prosecuting attorneys, appellants here, from enforcing them. The railroad brotherhoods, also appellants here, were allowed to intervene in the District Court in order to defend the validity of the state statutes. In their complaint appellees charged that both statutes (1) operate in an 'arbitrary, capricious, discriminatory and unreasonable' manner in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment; (2) unduly interfere with, burden, and needlessly increase the cost of interstate transportation in violation of the Commerce Clause, Art. I, § 8, cl. 3, of the Constitution, and contrary to the National Transportation Policy expressed in the Interstate Commerce Act; (3) discriminate against interstate commerce in favor of local or intrastate commerce; and (4) invade a field of federal legislation pre-empted by the Federal Government primarily through Pub.L. 88—108, passed by Congress in 19634 to avert a nationwide railroad strike.
In its first opinion in these cases, the District Court granted the railroads' motion for summary judgment, holding that the field of full-crew legislation was pre-empted by Pub.L. 88 108, 239 F.Supp. 1 (D.C.W.D.Ark.1965), but we reversed on the pre-emption question, sub nom. Brotherhood of Locomotive Engineers et al. v. Chicago, R.I. & P.R. Co., 382 U.S. 423, 86 S.Ct. 594, 15 L.Ed.2d 501 (1966). We also held that the railroads were not entitled to summary judgment on their alternative theory that because the effect of the mileage exemption in the two Acts is to free all of the State's intrastate railroads from the full-crew requirements while ensuring coverage of most of the interstate railroads, the two Acts 'constitute discriminatory legislation against interstate commerce in favor of intrastate commerce.' Id., at 437—438, 86 S.Ct., at 601. On remand the District Court held an evidentiary hearing and, after compiling a voluminous record, found that the full-crew requirements had 'no substantial effect on safety of operations,' placed 'substantial financial burdens' upon the carriers, and caused 'some delays' and interference with the continuity of railroad operations. On the basis of these findings the District Court held the Arkansas laws unconstitutional as impermissible burdens on interstate commerce and also ruled that because the laws were 'unreasonable and oppressive' they violated the Due Process Clause of the Fourteenth Amendment. The court did not reach the railroads' further argument that the Arkansas laws discriminate against interstate commerce in favor of intrastate commerce in violation of the Commerce and Equal Protection Clauses. Appellants challenge both the accuracy of the District Court's findings and holdings and their relevance to adjudication of the constitutional issues presented. They ask us to hold that the Arkansas laws do not impermissibly burden interstate commerce or otherwise violate any provision of the Constitution.
The question of crew size has been a subject of dispute between the railroads and their employees for more than half a century. Much of the controversy has of course been fought out by collective bargaining between the railroads and the unions.5 In many States attempts have been made to settle the controversy by legislation. The Arkansas statutes before us were passed in 1907 and 1913, along with a number of other laws designed to further railroad safety, such as headlight standards, regulations concerning the obstruction of train crossings, and so on.6 Many other States have also passed full-crew laws as parts of detailed codes regulating railroad safety.7 These safety codes, and the full-crew provisions in particular, have been subject to continual re-evaluation throughout the country. In New York, for example, the Public Service Commission in 1960 recommended total repeal of the State's full-crew legislation, and in 1966 two of the three New York laws in the field were repealed, but the legislature explicitly rejected a proposal to repeal the third law, which requires both a fireman and an engineer to be on duty in the engine cab, in addition to the brakeman who serves in the cab on freight hauls.8 In Arkansas the railroad safety laws have similarly been subject to close scrutiny. Additional safety requirements have been added from time to time,9 and some safety requirements considered out of date have been repealed.10 With respect to the full-crew statutes specifically, a proposal to repeal these statutes was placed on the ballot for popular referendum in 1958 and was decisively defeated by the voters. Congress too has been concerned with the problem of the rules governing crew size and in 1963 passed a statute referring the dispute between the railroads and the unions to arbitration, but as we held in our prior decision, Congress was aware of state full-crew laws and did not intend to override them. 382 U.S., at 429—437, 86 S.Ct., at 597—601.
In spite of this background of frequent and recent legislative re-evaluation of the full-crew problem, both at the state and national levels, the railroads now ask us to determine as a judicial matter that these laws no longer make a significant contribution to safety and so seriously burden the railroads in their operations that they should no longer stand under the Commerce Clause. The essence of the railroads' position is that the requirement of additional crewmen amounts to nothing more than featherbedding. They claim that the firemen once needed to tend the furnaces on steam locomotives are not necessary on the diesel engines now generally in use. Although the railroads recognize that the fireman performs a valuable lookout function on passenger trains, where he and the engineer are the only crewmen in the engine cab, they assert that in both freight hauling operations and yard switching operations other railroad employees are available to provide an adequate lookout and assist the engineer in correcting mechanical problems and performing other miscellaneous duties. The railroads thus maintain that the firemen, and some of the other required crewmen, perform no useful function and make no significant contribution to safety. At the same time, the railroads contend, the full-crew requirements substantially increase their cost of operation, hampering their ability to improve railroad service and to compete with other modes of transportation, and also burden commerce by requiring interstate trains passing through Arkansas to slow down or stop at the border to pick up and let off the extra crewmen.
The State of Arkansas and the railroad brotherhoods, all appellants here, take a different view of the functions performed by the firemen and other additional crewmen required under the statutes. They claim that the work performed by these employees serving as lookout, passing signals, relieving the engineer in emergencies, inspecting the engine and other cars, and helping to make needed adjustments and repairs while the train is moving—is still necessary and cannot be performed by other employees without unduly burdening them and interfering with the proper performance of their other tasks. Appellants argue that although some technological improvements have tended to eliminate safety hazards and lighten the work of the train crew, other developments, such as the increased size and speed of trains, the heavier automobile traffic over train crossings, and the competitive pressures for faster switching of trains, have had exactly the opposite effect.
The District Court analyzed these conflicting contentions and the conflicting evidence adduced to support them and concluded that the full-crew requirements have 'no substantial effect on safety of operations.' The court also said that even if these requirements did add 'some increment of safety to the operation, we think that such an increment is negligible * * * and not worth the cost.' As additional factors justifying its conclusion that the laws created an unconstitutional burden on interstate commerce, the court emphasized 'the financial burden of compliance, which is out of all proportion to the benefit, if any, derived, and the added burden involved in the taking on and discharging men at or near the Arkansas State line * * *.'
We think it plain that in striking down the full-crew laws on this basis, the District Court indulged in a legislative judgment wholly beyond its limited authority to review state legislation under the Commerce Clause. The evidence as to the need for firemen and other additional crewmen was certainly conflicting and to a considerable extent inconclusive. Many railroad employees gave direct testimony as to incidents in which, for example, the presence of a fireman as a lookout helped avert a serious accident. With respect to statistical evidence, the District Court itself noted: 'The statistical evidence as to the effect upon safety of the reductions in force authorized by the basic award and by the awards of the special adjustment boards (under the 1963 arbitration) is not entirely satisfactory either way * * *.' Indeed, as the court below recognized, the statistics showed that railroad accidents had actually increased during the period from 1964—1966, when the size of train crews was being reduced.11
It would hardly be possible to summarize here all the other evidence in the record relevant to the safety question, and, as we have indicated, it is wholly unnecessary to do so. A brief summary of some of the findings of Arbitration Board No. 282, the panel set up pursuant to Pub.L. 88—108, should suffice to show that the question of safety is clearly one for legislative determination. In quoting from this report, of course, we in no way intend to indicate that the District Court should have accepted any of its specific conclusions or that this evidence was necessarily any more persuasive than any of the many other sources of information about the problem. We single it out only because it is one of the more recent reports and because it was heavily relied upon by the District Court and by the railroads themselves. The Board stated as its very first finding:
'1. The record contains no evidence to support the charge, frequently and irresponsibly made, that firemen presently employed in road freight and yard service throughout the country are being paid to do nothing and actually perform no useful work.'
The Board then went on to deal specifically with the various functions for which firemen were claimed to be necessary. It concluded that firemen were not necessary to perform the lookout function in 'the great majority of cases' and that they were not needed to perform certain mechanical duties. The Board also held, however, that in order to insure relief of an engineer who becomes incapacitated while operating the train, firemen were clearly necessary in yard service on engines that were not equipped with a fully operative deadman control, and the record before us in the present cases indicates that a substantial percentage of the engines operated in Arkansas are not equipped with this device. Although the Board thus thought that firemen could be eliminated in most cases, the Board emphasized:
'(W)e are satisfied that a certain number of such assignments require the continued employment of firemen in order to prevent excessive safety hazard to lives and property, to avoid imposing an undue burden upon the remaining crew members, and to assure adequate and safe transportation service to the public.'
Finally, and most significant, the Board itself stressed in conclusion the subjective nature of its findings with reference to safety:
'Safety is, of course, essentially a relative concept; once adequate minimum standards have been achieved, the decision as to how much more safety is required must necessarily be governed by all the accompanying circumstances. Railroading is, unfortunately, a hazardous occupation, and the problem before us cannot be viewed simply in terms of preventing or not preventing accidents.'
This summary, taken from evidence heavily relied upon by the railroads and generally favorable to their position, leaves little room for doubt that the question of safety in the circumstances of this case is essentially a matter of public policy, and public policy can, under our constitutional system, be fixed only by the people acting through their elected representatives. The District Court's responsibility for making 'findings of fact' certainly does not authorize it to resolve conflicts in the evidence against the legislature's conclusion or even to reject the legislative judgment on the basis that without convincing statistics in the record to support it, the legislative viewpoint constitutes nothing more than what the District Court in this case said was 'pure speculation.'
Of the other matters relied upon by the District Court, the problem of delay at the state borders apparently has not changed appreciably since the days of this Court's earliest full-crew decisions, and this Court's statement of the insignificance of the problem in Southern Pacific Co. v. State of Arizona, 325 U.S. 761, 782, 65 S.Ct. 1515, 1526, 89 L.Ed. 1915 (1945), is equally valid today:
'While the full train crew laws undoubtedly placed an added financial burden on the railroads in order to serve a local interest, they did not obstruct interstate transportation or seriously impede it. They had no effects outside the state beyond those of picking up and setting down the extra employees at the state boundaries; they involved no wasted use of facilities or serious impairment of transportation efficiency * * *.'
Nor was it open to the District Court to place a value on the additional safety it terms of dollars and cents, in order to see whether this value, as calculated by the court, exceeded the financial cost to the railroads.12 As we said in Bibb v. Navajo Freight Lines, 359 U.S. 520, 79 S.Ct. 962, 3 L.Ed.2d 1003 (1959), where the District Court had struck down an Illinois law requiring trucks to be equipped with contour mudguards, on the ground that the equipment had no safety advantages and was very costly to install and maintain:
'Cost taken into consideration with other factors might be relevant in some cases to the issue of burden on commerce. But it has assumed no such proportions here. If we had here only a question whether the cost of adjusting an interstate operation to these new local safety regulations prescribed by Illinois unduly burdened interstate commerce, we would have to sustain the law under the authority of the Sproles (Sproles v. Binford, 286 U.S. 374, 52 S.Ct. 581 76 L.Ed. 1167 (1932)), Barnwell (Barnwell Bros. v. South Carolina State Highway Dept., 303 U.S. 177, 58 S.Ct. 510, 82 L.Ed. 734 (1938)), and Maurer (Maurer v. Hamilton, 309 U.S. 598, 60 S.Ct. 726, 84 L.Ed. 969 (1940)) cases. The same result would obtain if we had to resolve the much discussed issues of safety presented in this case.' Id., at 526, 79 S.Ct., at 966.13
It is difficult at best to say that financial losses should be balanced against the loss of lives and limbs of workers and people using the highways. We certainly cannot do so on this showing.
We deal next with the contention that because of the mileage exemption, the full-crew laws discriminate against interstate commerce in favor of intrastate commerce. This contention, like the railroads' other claims, was of course specifically rejected in this Court's earlier decisions dealing with these same Arkansas statutes. We noted in our prior opinion in the present cases that the effect of the mileage exemptions was to free all of the State's 17 intrastate railroads from the coverage of the Acts, while 10 of the 11 interstate railroads are subject to the 1907 Act, and eight of them are subject to the 1913 Act. We went on to say, however, that the difference in treatment based on differing track mileage might have a rational basis, and we therefore held that the mileage classification could not, 'on the record now before us,' be considered a discrimination in violation of the Commerce and Equal Protection Clauses. 382 U.S., at 437, 86 S.Ct., at 601.
Despite the extensive testimony and exhibits added to the record since our previous consideration of these cases, we have found no basis for altering our conclusion that the mileage classification is permissible. The railroads argue that the extra men, if needed at all, are equally necessary on all trains, regardless of whether the company operating them happens to own a more or a less extensive system of track. But evidence in the record establishes a number of legitimate reasons for the mileage exemption. In the case of at least one of the short-line roads, the maximum speed of trains running over its main track is 35 miles per hour, while trains moving over the longer lines have speed limits of 65 and in some cases 75 miles per hour. The apparent use of much slower trains over the short lines certainly provides a basis upon which the Arkansas Legislature could conclude that the hazards encountered in line-haul operations are less serious, and accordingly that the need for regulation is less pressing, on the short lines. Similarly in connection with the switching operations, there was evidence that the usefulness of additional employees depends to some extent on the length of the train being switched, another factor that—like speed—tends to vary according to the railroad's total trackage. Finally, the legislature could also conclude that the smaller railroads would be less able to bear the cost of additional crewmen, even though the total additional cost would of course tend to be smaller in the case of the smaller companies.
Although the railroads claim that other criteria could provide a more precise test of the situations where a larger crew is desirable, these other standards have inadequacies of thier own, and are for the most part far too vague to provide a basis for a statutory classification. And in any event the courts may not force a state legislature to attain scientific perfection in determining the coverage of statutes of this type. As we stressed in the Bibb case, 359 U.S., at 524, 79 S.Ct., at 965:
'These safety measures carry a strong presumption of validity when challenged in court. If there are alternative ways of solving a problem, we do not sit to determine which of them is best suited to achieve a valid state objective. Policy decisions are for the state legislature, absent federal entry into the field.'
Mileage classifications have repeatedly been upheld on this basis, not only in this Court's previous decisions dealing with these very statutes but in many other cases involving similar problems. See, e.g., New York, N.H. & H.R. Co. v. People of State of New York, 165 U.S. 628, 17 S.Ct. 418, 41 L.Ed. 853 (1897). Nothing suggests that full-crew laws should now be treated differently.
There remains for consideration only the railroads' contention that the Arkansas laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Little need be said of the claim that the statutes violate the Equal Protection Clause for the reason that they discriminate against the railroad industry by singling it out for regulation and making no provision for minimum crews on 'motor buses, taxicabs, airplanes, barges, cargo trucks, or any other segment of the transportation industry.' The statutes as written, requiring, for example, not 'less than an engineer, a fireman, a conductor and three (3) brakemen,' could scarcely be extended in their present terms to such means of transportation as taxicabs or airplanes. Nor was the legislature, in attempting to deal with the safety problems in one industry, required to investigate the various differing hazards encountered in all competing industries and then to enact additional legislation to meet these distinct problems.
The railroads also argue that the statutes violate the Due Process Clause because they are 'unduly oppressive' and impose costs on the regulated industry that exceed the public benefits of the regulation. The District Court agreed with this position, holding that the impact of the full-crew laws today is 'unreasonable and oppressive' and therefore a violation of due process. Insofar as these arguments seek to present an independent basis for invalidating the laws, apart from any effect on interstate commerce, we think, with all due deference to appellees and the District Court, that these contentions require no further consideration. Ferguson v. Skrupa, 372 U.S. 726, 83 S.Ct. 1028, 10 L.Ed.2d 93 (1963); Williamson v. Lee Optical Co., 348 U.S. 483, 75 S.Ct. 461, 99 L.Ed. 563 (1955); Olsen v. State of Nebraska, 313 U.S. 236, 61 S.Ct. 862, 85 L.Ed. 1305 (1941); West Coast Hotel Co. v. Parrish, 300 U.S. 379, 57 S.Ct. 578, 81 L.Ed. 703 (1937); Nebbia v. People of State of New York, 291 U.S. 502, 54 S.Ct. 505, 79 L.Ed. 940 (1934).
Under all the circumstances we see no reason to depart from this Court's previous decisions holding that the Arkansas full-crew laws do not unduly burden interstate commerce or otherwise violate the Constitution. Undoubtedly heated disputes will continue as to the extent to which these laws contribute to safety and other public interests, and the extent to which such contributions are justified by the cost of the additional manpower. These disputes will continue to be worked out in the legislatures and in various forms of collective bargaining between management and the unions. As we have said many times, Congress unquestionably has power under the Commerce Clause to regulate the number of employees who shall be used to man trains used in interstate commerce. In the absence of congressional action, however, we cannot invoke the judicial power to invalidate this judgment of the people of Arkansas and their elected representatives as to the price society should pay to promote safety in the railroad industry. The judgment of the District Court is reversed, and the cases are remanded to that court with instructions to dismiss the complaint.
It is so ordered.
Reversed and remanded with instructions.
Mr. Justice FORTAS took no part in the consideration or decision of these cases.
Mr. Justice DOUGLAS, dissenting.
I would agree with the Court that if the constitutionality of these Arkansas laws were to be judged as safety measures under the State's police power, they would have to be sustained. But as I indicated in my dissent in Brotherhood of Locomotive Engineers v. Chicago, R.I. & P.R. Co., 382 U.S. 423, 438, 86 S.Ct. 594, 601, 15 L.Ed.2d 501, Congress in enacting Pub.L. 88—108, 77 Stat. 132, undertook to displace state 'full-crew' laws by delegating power to a national arbitration board to determine, for example, the necessity of firemen on diesel freights and the minimum size of train and switching crews.
I would, therefore, remand the cases to the District Court for further proceedings consistent with Pub.L. 88—108 and the awards that have been made under it.
Chicago, R.I. & P.R. Co. v. State of Arkansas, 219 U.S. 453, 31 S.Ct. 275, 55 L.Ed. 290 (1911); St. L., I.M. & S.R. Co. v. State of Arkansas, 240 U.S. 518, 36 S.Ct. 443, 60 L.Ed. 776 (1916); Missouri Pac. R. Co. v. Norwood, 283 U.S. 249, 51 S.Ct. 458, 75 L.Ed. 1010 (1931); 290 U.S. 600, 54 S.Ct. 227, 78 L.Ed. 527 (1933). The Court's holdings in these cases were also reaffirmed, in dictum, in Southern Pacific Co. v. State of Arizona, 325 U.S. 761, 782, 65 S.Ct. 1515, 1526, 89 L.Ed. 1915 (1945).
Ark.Laws 1907, Act 116, Ark.Stat.Ann. §§ 73—720 through 73 722 (1957 Repl. Vol.).
Ark.Laws 1913, Act 67, Ark.Stat.Ann. §§ 73—726 through 73 729 (1957 Repl. Vol.).
77 Stat. 132, 45 U.S.C. following § 157.
The long and troublesome history of this aspect of the dispute is briefly summarized in our prior opinion in these cases, 382 U.S., at 430—432, 86 S.Ct., at 597—598.
See, e.g., Ark.Stat.Ann. §§ 73—704 through 73—706; 73—718, 73—719 (1957 Repl. Vol.).
The approach taken in other States is summarized in the opinion of the District Court in these cases, 274 F.Supp., at 299.
See New York Central R. Co. v. Lefkowitz, 23 N.Y.2d 1, 294 N.Y.S.2d 519, 241 N.E.2d 730 (1968).
E.g., Ark.Laws 1951, Act 253, Ark.Stat.Ann. Stat.Ann. § 73 740 (1957 Repl. Vol.); Ark.Laws 1953, Act 130, Ark.Stat.Ann. §§ 73 741 through 73—744 (1957 Repl. Vol.).
E.g., Ark.Laws 1965, Act 501, Ark.Stat.Ann. § 73—730 (Supp.1967).
The District Court dealt with this fact by simply stating that this trend had been observed in years preceding the effective date of the arbitration award and concluding: 'Why accident rates have been increasing we do not know with certainty, but it would be pure speculation to say that crew size has had anything to do with it.'
The record contains no meaningful estimate of what this cost actually is. The railroads computed the total wages paid per year to the allegedly unnecessary employees and claimed that this total figure, $7,600,000, represents the cost of compliance. But it was admitted that the net cost is actually lower than this because elimination of the additional crewmen would create new expenses, such as the special compensatory allowance paid to engineers who operate without the assistance of a fireman, additional overtime pay, and other costs associated with somewhat slower operations in terminals and en route. The railroads introduced no evidence to indicate the approximate amount of such new expenses, and we have no way of knowing whether, as appellants claim, these expenses would to a substantial extent offset the wage savings associated with the reduction in crew sizes.
Although we struck down the Illinois law in Bibb, we did so on the carefully limited basis that the contour mudguard requirement flatly conflicted with laws, enforced in at least one other State, that trucks must be equipped with straight mudguards.
The following state regulations pages link to this page.


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NAACP Considers Resolution Condemning 'Racism' of Tea Party
Michelle Obama is at the annual NAACP convention today in lovely Kansas City, but she'll probably GTFO before tomorrow, when the organization could vote on a resolution condemning the Tea Party movement as "racist."
The Kansas City Star reports on this resolution which, if voted on, would likely pass.
The resolution, scheduled for a vote as early as Tuesday by delegates attending the annual NAACP convention in Kansas City, calls upon "all people of good will to repudiate the racism of the Tea Parties, and to stand in opposition to its drive to push our country back to the pre-civil rights era."
NAACP leaders said the resolution was necessary to make people aware of what they believe is a racist element within the tea party movement.
"I think a lot of people are not taking the tea party movement seriously, and we need to take it seriously," said Anita Russell, head of the Kansas City chapter of the NAACP. "We need to realize it's really not about limited government."
Ugh, conservative bloggers are so lucky today, getting all the juicy inflammatory freak-out stuff.
This debate over this story — IS THE TEA PARTY 100% RACIST? — seems about eight months too late, but hey, you can't blame the NAACP for having only one convention per year. It's just a matter of how they word the resolution! There are clearly racists in the Tea Party, but how effective can a resolution condemning "racist elements" of a group be? It would be like condemning the racist elements of Walmart or an intramural kickball league or any organization. On the other hand, if you're condemning the entire movement as "racist," you're going overboard and inviting backlash.
Anyway, the Tea Party will call the NAACP "reverse racists" for this, and then the NAACP will have to reconvene next year to call the Tea Party "inverse reverse racists," and so on. They should just called each other "scrappy" and make up and marry each other.

subset: commoncrawl


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During my visit to my father's childhood home in Hiroshima last summer, I was entrusted with hundreds of vintage family photos and mementos. I brought them back here stateside, promising my Hiroshima family I would "restore" them.
Well, after a good start, I developed a painful case "tennis elbow" from using the mouse so much during the retouching process. Sadly, it came to a screeching halt sometime in November last year.
But one very, very special item was entrusted with me – my Uncle Suetaro's war diary.
Although born an American citizen in Seattle with the rest of his siblings, he was writing this war diary as a sergeant in the Japanese Imperial Army.
The last entry was a farewell letter to his Mother.
The photo above had been secreted away behind another photo that was in Uncle Suetaro's album. He meticulously kept the album up to the time of war. His oldest brother, my Uncle Yutaka, had conscientiously sent him family photos they had taken in Chicago and Los Angeles before imprisonment. Suetaro complimented the photos with his beautiful Japanese calligraphy, written in a silver, whitish ink.
The photo of Uncle Suetaro and my dad shown at the beginning was so very tiny – but there was something Uncle Suetaro loved about it to keep it. I wish I knew what it was.
Uncle Suetaro was killed as a sergeant major of the Japanese Imperial Army on Leyte apparently near a town called "Villaba". Below is an actual page from a "war diary", an official report written and published by the US Army. Villaba is located on the western shore of Leyte but not far from Ormoc Bay, which was a killing field for Japanese ships by US aircraft.
His remains were never recovered. In the family grave are his tiny pieces of his fingernails and a lock of hair. It was custom at that time to leave parts of your earthly body with your family as returning was unlikely.
Not much to bury… but it was better than not returning at all.
In a spiritualistic way, he had never left.
This is his farewell letter to his Mother (my Grandmother).
It is clear it was very hurriedly written.
With the help of my cousin Kiyoshi in Hiroshima and my dad, we've typed up Uncle Suetaro's farewell letter – complete with old Japanese characters and translated as best possible into English. When reading this, please remember these are the words as written as a soldier going off to fight the Americans – but he was once a young American boy born in Seattle, WA.
(Note: Green indicates an edit inserted for clarification purposes.)
His farewell send-off is pictured below. Masako-san believes Suetaro wrote the letter around this time. It was at gatherings such as this when a Japanese soldier was given a "good luck" battle flag – the ones that many WWII combat veterans "removed from the battlefield" as souvenirs. There are many cases now where their sons and daughters – or grandchildren – are making efforts to return such flags to the Japanese families.
Bertrand Russell wrote, "War does not determine who is right – only who is left."
He is correct.
On a much smaller scale, though, Grandmother Kono was all who was left in that house when war's end came. Her precious son Suetaro – who she kept from returning to America for the purpose of keeping the Kanemoto name going – was dead. She was now alone. I wonder how she felt.
A mother's anguished solitude.
(For other related stories:
A Mother's Anguished Solitude, Part I
A Mother's Anguished Solitude, Part II


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Yep, we thought Windows RT was probably dead, too.
Instead though, it seems Microsoft is ignoring the $900 million that unsold Surface RT tablets cost it, and decided to press ahead with a second version of the Surface RT. Which, we're led to believe, will be called
, dropping any mention of RT.
Despite the original Surface's problems, we knew that Microsoft would sell a second version of the tablet. You might think this is a bad idea but hey, this is a company that just splurged several million euros on Nokia's mobile phone business.
The clues about the Surface 2 come from Dutch site TabletGuide.nl, which discoved the information in the GFXbench database.
Surface 2 runs Tegra 4
The interesting stuff? Surface 2 is running Nvidia Tegra 4 which should mean a decent performance improvement over the preceding Tegra 3.
It's ARM-based (because Windows RT is ARM-based) but we must confess that we were expecting a Qualcomm processor inside the tablet due to Microsoft and Nokia's Windows Phone partnership with the company. (All Nokia's Windows Phones have Qualcomm chips inside.)
But the performance signs aren't good. The Surface 2's score on the 3D GFXbench test is 573 frames, which isn't great compared to various Android tablets which score several hundred frames more.
And further bad news surrounds the display spec. While the Surface Pro had a 1080p Full HD resolution, the Surface 2 appears to be sticking with the Surface RT's 1,366 x 768 pixel resolution.


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iBasso is a Chinese brand that is known for their digital audio players (DAPs). Recently, iBasso has released the DC01 which is a Hi-Res balanced DAC cable adapter. I would like to thank iBasso for providing the DC01 as a review unit. You can purchase the DC01 module from iBasso. More information can be found on iBasso.
- DAC Chipset: AK4493
- THD+N: < 0.001% (32 ohm load, 1.2Vrms)
- Output Voltage: 1.9V (32 ohm load)
- Output Power: 113mW @ 32 ohm
- Frequency Response: 20Hz – 40kHz +/-0.5dB
- PCM: Up to 32bit/384kHz
- DSD: Native DSD up to 256x
- Weight: 11g
- Length: 120mm
Unboxing & Accessories
The DC01 balanced DAC cable adapter comes in a simple white package which sports PCM 32/384 logo, DSD 256x logo, Hi-Res logo, image of the DC01 and short description of the DC01. There are specifications at the back of the package. Inside the package, there are the DC01, USB-C to USB-A converter and user manual.
Page 2: DAC Cable Adapter Build & Design, Application


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It wasn't about guns, it was about freedom and New York State residents awoke Tuesday morning stripped of it.
The free people of New York are disarmed.
Governor Andrew Cuomo and the New York Sate Senate orchestrated a closed-door deal, ramming secret legislation through under the dark of night. The result: an over-reaching bill that strips New Yorkers of their Second Amendment rights.
The right of the people to keep and bear arms is no longer the law of the land. New York has been infringed upon – thanks to a dictator named Cuomo and a class of clowns knows as the State Senate.
All rumored to be burried in this bill…
The number one selling rifle in America is now illegal in New York State. Thousands are manufactured in New York's Herkimer County, but its people are now not free enough to own one.
Having a magazine with a capacity of eight rounds or more is now illegal in New York. The max is a seven round clip. Yeah, the Ruger 10/22 you bought to take your son or daughter squirrel hunting is now useless without its 10-round clip.
Oh, and if you need to purchase bullets for that .22, good luck.
All law-abiding citizens are now subject to a background check when purchasing any type of ammunition – and there are limits on the quantity you can purchase. Good luck getting through the line at Bass Pro or Wal-Mart the day before deer season.
Those who possess a hand gun permit will now be forced to be recertified every five years. Can you say money grab?
The so called 'mentally ill' will now be stripped of their guns. That next knock at your fron door could very well be the State Police demanding your weapons.
The question that begs to be asked is what exactly defines mentally ill? Is Johnny Joe considered mentally ill because he was prescribed an anti-depressant following the death of his 6-year-old son?
All of this legislation comes from the same man who decriminalized the use of marijuana while criminalizing gun owners – In the same speech!
Is this America or Neo-Nazi Germany? The last time I check this was The Land of The Free and The Home of The Brave. At least half of that statement remains true.
Let's face it though, this wasn't about guns, it's about freedom – or the removal of it. And let's not forget Mr. Cuomo's 2016 ambitions. Coincidence? I say not.
New York State ratified the Constitution in the year 1788. It died on January 14th 2013.


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JC Schildbach, LMHC
In the few weeks leading up to my eighth or ninth birthday, I remember driving my mom crazy asking her if I was getting a present.
She returned the crazy-driving favor throughout most of that time with vague, non-committal answers. On some level, I'm guessing she thought if she answered my question affirmatively, I would sneak into her room in search of the gift. (I went through a few periods of extreme snoopiness as a child—or perhaps spikes in an overall pattern of snooping). On another level, I think my mom just enjoyed goofing on me—especially when I was being extremely annoying (again, a constant throughout my childhood with plenty of spikes).
I have one photograph of each birthday throughout my childhood. In each picture, I am posing with the cake my mom made (including a number of cool cakes in the shape of animals, people, etc.). In some of the photos, my siblings stand behind me and to my sides, the birthday boy clearly the center of attention. And in some—only some—the gift I received that year is situated next to the cake.
I don't specifically remember why I became obsessed with the idea of getting a birthday gift, or rather, the idea that I might not get a birthday gift that year. I suspect my big sister had something to do with it—either floating the idea that I was not getting a birthday gift because of what a little turd I was, or letting me know that she knew what I was getting for my birthday—with the certainty that it would drive me mad to think she knew something that I didn't, and was not about to let me in on the secret—no matter what. Either way, the more I obsessed about whatever gift I may or may not have been getting, the more turdly I became, probably leading my mom to consider the idea of not celebrating my birthday that year or any other for the rest of time.
What is oddest in my memories from that period, though, was my sense of the novelty of getting a birthday gift. That is, what had sparked my obsession with getting a gift of any kind was a feeling that I had never gotten a birthday gift from my mom before. The idea that I might be getting one now was so exciting that I couldn't deal with the thought that it might not be true. I needed to know if a gift was coming or not, so I could adjust my expectations. What a fantastic thing it would be if I just knew that I was getting a gift! What a crushing blow it would be to expect a gift and get none!
Of course I had gotten gifts from my mom before. There was plenty of photographic evidence of me with a birthday cake and a toy—and the physical evidence of those toys still residing on the shelves of my bedroom. Then again, I don't recall spending a lot of time looking through family photos. In the years since then, the narrative that my sister was somehow involved in provoking the situation caused me to wonder if she had been so insidiously clever as to show me one of the photos of me with just my birthday cake as proof that I did not get birthday gifts. 'See—there it is! Pictures don't lie! No gifts for Jonny!'
I need to be clear that I don't actually recall my sister doing any of the things I suggested. It's just a bit more comforting to think she was messing with me than that I completely lost my mind speculating about whether or not I was getting a gift—not what the gift may or may not be—just the idea that I may or may not get any gift.
In the weeks leading up to that birthday, I seriously could not recall having ever gotten a birthday gift before. I could've gone up to my room, and looked at the toys, and puzzled out their origins. But logic and rationality were not in order. I needed someone in authority to tell me—definitively and right now—was I getting a birthday gift?!?
And after all that torturing of myself and my mother, the sad conclusion to this tale is that my mom wasn't able to get me a gift that year, or even a cake.
Just kidding.
I got an awesome gift. The Adventure People Sea Explorer set.
I couldn't find a commercial specifically featuring that set, but for a strangely simple earworm that haunts me to this day, watch this commercial and try not belting out that one line, "The Adventure People!", for the rest of the day, or maybe the rest of your life.


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I ran this op ed last week in the Daily Californian:
Today, UC Berkeley and most institutions are financially invested in destroying our future.
This may sound a little bit surprising to some — even unfounded. Let me explain. When it comes to climate change, the scientific community has presented a clear, unambiguous message: Human burning of fossil fuels — coal, oil and natural gas — is putting our world at risk.
And this, in fact, is a needless risk. By immediately reducing greenhouse gas emissions, we can reduce the damages that we are currently on the path to creating. Typhoon Haiyan, Hurricane Sandy, Hurricane Katrina and many of the costly recent fires and droughts around the world have been exacerbated — caused, to one degree or another, by the changes in the climate that our reliance on fossil fuels has caused.
Though UC Berkeley and the UC system are leaders in addressing the climate crisis through groundbreaking research and education, the companies they have invested in continue to leave a significant "carbon signature" on the environment. Many of these investments were made before the full impact of these choices on the climate was clear. Continuing the financial investment in companies like Exxon, Chevron and ConocoPhillips — even though some of these companies have made a start in greening their portfolio — sends the wrong message. These companies, and many more, have the capacity and the opportunity to evolve from stalwarts of the old energy order that must change, into supporters of a new clean-energy system that California and the world desperately need.
The 200 largest fossil fuel companies hold, in the form of projects and assets, about five times the amount of carbon in their reserves that the scientific community has deemed responsible to even consider burning in order to avert runaway climate change. The several thousand researchers on the Intergovernmental Panel for Climate Change have determined with greater than 95 percent certainty that human activity is currently causing climate change. Researchers from across the entire UC system and our state government are critical leaders in efforts to advance both climate science and climate solutions, as well as the adaptation side of the equation.
The overwhelming majority of major energy companies, however, has shown far too few signs of transitioning to low-carbon projects. The fossil fuel industry collectively spends more than $600 billion per year exploring for new hydrocarbons and, in some cases, very significant amounts of money on climate denial, lobbying Congress to maintain fossil fuel subsidies and other efforts that work against the needed and feasible clean-energy transition. These companies are publicly traded and investor-owned, supported in large part by institutional investors like UC Berkeley and the University of California.
Instead of funding the problem, we should be investing in solutions that at once aid the transition to a low-carbon economy and grow our university's bottom line. There is no lack of financially and environmentally sustainable reinvestment opportunities; as of yet, there is only a lack of leadership.
UC Berkeley has played a vital role as a leader in financial and social accountability. When other institutions refused, the campus listened to its students and the international calls for divestment from companies tied to grave social harm and injustice. As was similarly expressed during the South Africa, Sudan and tobacco divestment campaigns, students at UC Berkeley believe that their campus's investments should reflect its values of social responsibility and environmental sustainability.
In the case of fossil fuel investments, divesting is not only the moral thing to do but is also financially prudent. As fossil fuel companies continue expanding their search for more hydrocarbons, the world's carbon budget is shrinking. From Canadian tar sands to shale oil, the "bottom of the barrel" is proving to be increasingly dirty. When government regulation aligns with this reality — and it must — the vast majority of reserves will have to stay in the ground unburned, rendering them stranded assets. Remaining invested in fossil fuels is a bad bet all around.
With a new chancellor at UC Berkeley and a new UC president, both of whom are leaders in clean energy and climate protection, divestment at UC Berkeley and across the UC system will send a resounding message that the university takes all facets of its leadership position seriously. It will also encourage other institutions to do the same and build pressure for regional and global climate action.
As a faculty member who understands deeply the challenge climate change poses and the urgency with which action must be taken, I call on my fellow faculty to stand with the students of Fossil Free Cal and Fossil Free UC in calling on Chancellor Dirks, President Napolitano and the president of the Berkeley Foundation to be on the right side of history by moving our endowments away from fossil fuels and reinvesting in a sustainable future. Visit fossilfreecal.org and sign on if you are as concerned as I am.


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Careless cooking causes $250K in damages after Parent Ave. fire
A house fire in the 900 block of Parent Avenue caused $250,000 in damages Saturday.
Fire crews asked people to stay clear of the area around 5pm as they worked at controlling the fire.
Windsor Fire and Rescue Services said the cause was due to careless cooking.
While no injuries were reported, three people have been displaced.
Windsor Top Stories
CTVNews.ca Top Stories
Johnston to launch foreign interference hearings in July, calls allegations of bias 'quite simply false'
Canada's special rapporteur on foreign interference David Johnston calls the allegations swirling around his objectivity 'quite simply false,' and said Tuesday he plans to push ahead with his work, launching public hearings next month
Ford calls for ouster, Poilievre decries Liberal response to Bernardo prison transfer
Conservative Leader Pierre Poilievre is calling on the Liberals to keep "multiple murderers" in maximum-security prison, as fallout continues over the transfer of convicted killer Paul Bernardo to a medium-security institution in Quebec.
Sex harassment case involving Trudeau Foundation should be heard in N.L., lawyer says
The lawyer representing a woman who alleges she was sexually harassed by a former Northwest Territories premier says her client would likely have to end her lawsuit if a judge determines the trial should be moved to Quebec.
Travellers from 13 more countries now eligible to visit Canada without a visa
Canada is expanding the list of countries whose residents are eligible to visit this country without a travel visa.
Canadian military joined recent U.S. forum on UFOs; Pentagon trying to identify 'metallic' orbs
The Canadian military has confirmed it participated in a May 2023 forum for Five Eyes intelligence partners that was held by the director of the Pentagon's UFO research program.
Global News defends reporting in face of Han Dong lawsuit
Global News and its parent company Corus Entertainment say in response to a lawsuit filed by Han Dong that their reporting about the Toronto MP was based on a detailed investigation involving multiple sources.
Conservative filibuster threatens potential citizenship for children born abroad
Andrea Fessler found out her third daughter didn't qualify for Canadian citizenship -- even though her two older daughters did -- when she arrived at the Canadian consulate in Hong Kong to register.
Rent across Canada climbs to 20 per cent above pandemic lows: report
Across Canada, the average price of rent climbed back up after pandemic lows, with the monthly rate new tenants face now 20 per cent higher than it was two years ago, according to just-released rental data.
Charges dropped against Alberta woman accused of mailing animals
Crown prosecutors say charges against an Alberta woman accused of mailing two puppies and a kitten have been dropped.
Wildfire smoke from Quebec, northern Ontario lingers in K-W
A haze is lingering in the air and there's a faint smell of smoke in areas across southwestern Ontario as wildfires continue to burn in Quebec and northern Ontario.
Trustee brings school board to court over temporary suspension for alleged breach of conduct
A trustee with the Waterloo Region District School Board brought the board to court on Tuesday, arguing that a suspension handed to him in 2022 was unfair and unreasonable.
Mosquito mayhem: Why the pests are so bad this year in Ontario
They buzz. They bite. They carry diseases that can be bad for your health. It seems there's more mosquitos than ever this year – and people are noticing.
LIVE | Londoners remember the Afzaal family
Marking the two year anniversary of the alleged terror attack that took the lives of four members of the same family, the board has announced an Anti-Islamophobia Strategy.
LIVE | Muslim community seeks healing and safety amid lingering shadows of alleged terrorist attack
On this day in 2021, four out of five members of a London, Ont. family were killed while they were out for a walk and struck by a vehicle, in an apparently deliberate attack.
'We are trying to get to Grand Bend': G2 driver charged after travelling 60 km/h over the speed limit
An 18 year old from Kitchener, Ont. is facing stunt driving charges after OPP clocked them allegedly speeding 150 km/h because they were 'trying to get to Grand Bend.'
Multi-vehicle collision in Midland construction zone sends 4 to hospital
Provincial police are investigating a serious collision in Midland.
Air quality concerns mount as the smell of smoke fills the air in Simcoe County and Muskoka
Residents in Simcoe County and Muskoka are advised to be cautious as forest fires in Quebec impact the air quality, prompting a special statement from Environment Canada.
Barrie, Ont. man arrested in human trafficking investigation involving student
A Barrie man faces charges in connection with a human trafficking investigation where police believe there could be more victims.
Northern Ontario
Emergency orders expanded in northeast Ont. due to forest fires
While firefighters get more forest fires under control in northern Ontario, travel restrictions declared under an emergency order are being expanded in several communities.
Northern Ont. teen, 13, facing new sexual assault charge, 10 total
A 13-year-old male from Elliot Lake in northern Ontario has been charged with sexual assault again, bringing the total to 10, after another survivor came forward.
3 people attacked by dog in Burlington, animal shot dead by police
A dog has been shot dead by police after three people were attacked in Burlington Tuesday afternoon, police say.
Air quality risk in Ottawa high as wildfire smoke blankets the city
A special air quality statement remains in effect for the National Capital Region because of wildfire smoke blowing across the region. Environment Canada's air quality health index is at its highest level of risk.
How to take care of yourself and your pets in smoky conditions
The wildfire smoke blanketing Ottawa can cause a variety of health problems for people and animals. Ottawa has already seen an crease in emergency room visits for respiratory issues as thick smoke hangs over the region.
Centennial Lake fire 'greatly suppressed', area mayor says; evacuation order still in effect
The wildfire burning at Centennial Lake, about 150 km west of Ottawa has been significantly reduced and is being held with a burnt area.
3 people attacked by dog in Burlington, animal shot dead by police
A dog has been shot dead by police after three people were attacked in Burlington Tuesday afternoon, police say.
Smoke from Ontario, Quebec wildfires lingering in Toronto
The air throughout the city of Toronto smelled of smoke on Tuesday and Canada's weather agency warns it could get worse before the week is over as wildfires continue to burn in Quebec and northern Ontario.
'It's conquering the mountain, and I think the mountain is us': 24 Ontario women set to climb Mount Kilimanjaro
Since August 2022, a group of 24 women has been training — rain, sleet or shine — for the trip of a lifetime.
Quebec politicians pass bill that will give themselves a $30K raise
Quebec MNAs are about to get a significant pay raise. The National Assembly adopted Bill 24 on Tuesday afternoon, which will increase the politicians' base salaries by $30,000 per year.
'A situation that's unprecedented': Quebec confronted with more than 150 wildfires
As one Quebec city that had been threatened by wildfires lifted an evacuation order Tuesday, authorities turned their attention to communities in the northern and northwestern parts of the province where firefighters worked to beat back threats from out-of-control blazes.
Judge allows eviction of homeless encampment underneath Montreal highway
A Quebec judge has authorized the eviction of a homeless encampment underneath Montreal's Ville-Marie expressway to allow for repairs to the road to proceed after several delays.
Rain has helped Shelburne firefighting efforts, crews now hoping for a break in showers
Firefighters battling the 25,000-hectare Shelburne wildfire say the wet weather has helped crews directly attack the blaze, now they're hoping for a break in the rain.
New N.S. Health website shares estimated ER wait times
A new website created by Nova Scotia's health authority shares hourly estimated wait times for many emergency departments across the province.
Murphy's Logic: Fox News should not be banned
Steve Murphy makes the case for keeping Fox News on Maritime screens.
RCMP investigating abandoned home in connection with disappearance of woman in 2020
The search for a Manitoba woman reported missing three years ago has lead RCMP to an abandoned home in western Manitoba for an investigation.
'Something we need to prepare for': ECCC says warm summer expected in Winnipeg
The heat in the city of Winnipeg will moderate in the next few days, but Environment Canada says residents should expect a hot summer this year.
Manitoba Crown corporation explains departures of senior executives
Manitoba's Crown-owned vehicle insurance corporation offered more details Tuesday on recent turmoil that has seen the departure of senior executives and a big jump in the cost of technology upgrades.
Man charged with arson in connection with Pearce Estate Park fire
After allegedly admitting to starting a fire in Pearce Estate Park in Calgary's southeast on Monday, a man now faces a charge of arson.
2 people critically injured in crash involving semi east of Calgary
Two people were sent to hospital after a crash on a rural highway east of Calgary on Monday.
Diamond Valley's Eau Claire Distillery winning awards for it's rye whisky
Eau Claire Distillery came up with a blended rye whisky a year ago and it's receiving global attention after winning a gold medal at the San Francisco World Spirits Competition.
EPS constable, former peace officers charged after 2020 custody death
An Edmonton Police Service constable and two former peace officers have been charged after a man died in a cell in 2020.
'We never give up': RCMP helicopter joins search for 14-year-old boy in North Saskatchewan River
An RCMP helicopter is assisting with the search for the 14-year-old boy who went missing in the North Saskatchewan River nearly 48 hours ago.
Charges dropped against Alberta woman accused of mailing animals
Crown prosecutors say charges against an Alberta woman accused of mailing two puppies and a kitten have been dropped.
Classes suspended, convocation could be disrupted as strike hits Capilano University
Summer semester classes at Capilano University in North Vancouver were suddenly suspended Tuesday morning after more than 300 administrative staff members walked off the job.
After-hours assault at Pitt Meadows school sends youth to hospital
One young person was taken to the hospital after being assaulted at a Pitt Meadows school on Saturday night, according to authorities.
Arrest made in arson that destroyed Kelowna convenience store, RCMP say
Mounties in Kelowna say they have made an arrest in connection to a suspicious fire that destroyed a convenience store in the city over the weekend.


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Tagged: BP Preponderance
I Blog in the East, I Blog in the West
…And I come to give you more, and I never give you less….Let's go!
If you "Look At Me Now" you'll find me in NYC, but at this time tomorrow I'll be flying the friendly skies, airbound toward the arid. Look for "on location" blog posts, articles, and interviews the rest of this week into next, as I spend time in Tucson, Lancaster, High Desert, Inland Empire, and Lake Elsinore (and maybe more, logistics permitting).
But before all that, a good old-fashioned blog bouillabaisse of relevant Minor League biz-ness news (and, for the record, never have I spelled "bouillabaisse" correctly on the first try).
This week's "Farm's Almanac" is on the Minor League response to the Alabama tornadoes, and can be read HERE. Mentioned briefly in the story, and something I'd like to emphasize here, is that the Burlington Bees are raising money for the family of grounds crew intern Cody Wales, whose home was leveled by the tornado.
The team has been raising money at the ballpark, and checks to benefit the Cody Wales Family can be sent to the Bees front office at 2712 Mt. Pleasant Street, P.O. Box 824, Burlington, IA 52601.
It's Tuesday, meaning a new "Promotion Preview" column is up on MiLB.com. It was an admittedly slow week for promos, and I am heartened by the fact that next week's column gives me more than twice as much notable stuff to choose from. I once again implore you to keep in touch, with info on upcoming promos as well as recaps of those past. I cannot stress this enough! The current soporific state of my inbox leaves much to be desired.
Highlighted in a previous column was the Richmond Flying Squirrels "High Five World Record Attempt," in which mascot Nutzy attempted to set a new standard for "most high fives by an individual in an hour." And indeed he did (though yet to be verified by Guinness), slapping palms with 1620 fans.
Featured in last week's column — and happening TONIGHT — is the Memphis Redbirds' 30th Anniversary Salute to Charlie Lea's No-Hitter (Lea now works as a color commentator for the club). The Redbirds are pulling out all the stops with this one, going so far as to tweak an immensely popular viral video.
An event that should have been included, but was instead egregiously overlooked, was the Durham Bulls' return to iconic Durham Athletic Park yesterday. This video sums up the evening very well:
The Crazy Hot Dog Vendor wasn't overlooked, but perhaps should have been. As this video points out, the use of the word "vendor" in his job title is blatantly misleading.
But in the end, Minor League Baseball is more about the overall experience than any specific promotion. The Fort Myers Miracle have put together an ad campaign that emphasizes this point very well. My embedding capabilities are lacking in this case, but they can be viewed HERE. And while you're at it, check out this local newspaper story about the Miracle Bullpen and its trusty Justin Beiber backpack.
And, yes, the story features a photo of Bruce Pugh heading to the bullpen while wearing the backpack — a triumvirate of BPs, and possibly a foursome if he happened to be heading there after batting practice.
I'm now less than 24 hours from saying goodbye to the East Coast. The next time you'll hear from me I'll be writing in an agitated late-night state from some hotel room, binging on Mello Yello and wondering what's it all for.


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Top Items:
Greg Sargent / TPM Election Central:
Pentagon Confirms That It Told Obama He Couldn't Visit Army Base With Campaign Staff — I've just gotten clarification from the Pentagon on what really happened with regard to Barack Obama's canceled visit to an Army base in Germany, something the McCain campaign has been using to hit Obama since yesterday.
Discussion: Crooks and Liars, The Campaign Spot, Macsmind, Don Surber, The American Mind, MyDD and D-Day
Sean Hackbarth / The American Mind: OBAMA CAMPAIGN UNPREPARED FOR GERMAN BASE VISIT
Josh Orton / MyDD: Only Making Him Stronger
Jonathan Martin / Jonathan Martin's Blogs:
DOD spokesman says Obama camp was reminded of political rules — Chief Pentagon spokesman Geoff Morrell confirmed to Politico that Department of Defense officials cautioned Barack Obama's campaign that his planned visit to wounded American troops in Germany could not be political in nature …
Discussion: The Swamp, The Strata-Sphere, Taylor Marsh and TownHall Blog
Frank James / The Swamp: Obama camp irked at Pentagon?
Carol Platt Liebau / TownHall Blog: If You Can't Get Political Mileage From It, Why Bother?
Mark Murray / MSNBC:
Discussion: The Trail, The Swamp and Spin Cycle
Washington Post / The Trail: No Troop Visits for Obama in Germany
Katie Fretland / The Swamp: Pentagon: Obama office cancelled visit
John Riley / Spin Cycle: Visiting the wounded: Inevitable imbroglio
Brandon Friedman / VetVoice: McCain's Double Standard on Campaign Visits to Military Bases
Jeff Zeleny / The Caucus:
The Cancellation of Obama's Troop Visit
The Cancellation of Obama's Troop Visit
Discussion: www.redstate.com and Political Machine
Commodore Perry / www.redstate.com: Barack Obama Is Out of Focus
Mark Impomeni / Political Machine: Obama Cancels Visit to Military Hospital
Lynn Sweet:
Pentagon tells Obama not to visit U.S. troops at German base …
Pentagon tells Obama not to visit U.S. troops at German base …
Jonathan Martin / Jonathan Martin's Blogs: Obama camp says Pentagon nixed troop visit
Andy Barr / The Hill's Blog Briefing Room: Obama Camp Says Pentagon Told Them Not to Visit Wounded Troops
Pundit Review Radio / BLACKFIVE:
Discussion: Gateway Pundit, Reuters, Sadly, No! and Hot Air
Ed Morrissey / Hot Air: Why Obama snubbed the troops: no photo op allowed
Fox News:
Security Guard Confirms Late-Night Encounter Between Former Sen. John Edwards, Tabloid Reporters In Beverly Hills Hotel — A hotel security guard told FOXNews.com he intervened this week between a man he identified as former Sen. John Edwards and tabloid reporters who chased …
Shadowcampaigner / MEANINGFUL DISTRACTION: JOHN EDWARDS MAY SOON BE BUSTED, DOES ANYONE CARE?
Warren Street / Blue Girl, Red State: Dissecting a Thinly Sourced Smear
Roger L Simon / Pajamas Media: Getting Rielle - The Enquirer Files a Criminal Complaint in Edwards Love Child Case
Donald Douglas / American Power: Media Hypocrisy on John Edwards Love Child Shocker
Robert Stacy McCain / American Spectator: Baby Daddy Update
Susan Duclos / Wake up America: LA Times 'Asks' Their Bloggers To Not Report On National Enquirer's …
National Enquirer:
JOHN EDWARDS AFFAIR: CRIMINAL COMPLAINT FILED! — UPDATE: John Edwards' secret meeting with his mistress at the Beverly Hilton hotel has now become part of a criminal complaint. — NATIONAL ENQUIRER reporters Alan Butterfield and Alexander Hitchen filed a criminal complaint …
Discussion: Riehl World View, DBKP and JONATHAN TURLEY
Howard Gensler / Philly.com:
Tattle: 'Enquirer' links John Edwards, Rielle Hunter
Tattle: 'Enquirer' links John Edwards, Rielle Hunter
Discussion: Gawker, Salon and Outside The Beltway
Michael Weiss / Gawker: Save Your Newspaper: Cover The Edwards Scandal
Alex Koppelman / Salon: The John Edwards "love child" story
Mickey Kaus / Slate: LAT Gags Blogs
Washington Post:
McCain May Act Soon on VP Pick — Aides Predict Announcement Before Olympics — Anxious to counter the blanket media coverage that has followed Sen. Barack Obama on his overseas journey, Sen. John McCain is weighing whether to announce his running mate in the coming weeks before the spotlight shifts …
Discussion: The New Republic, TalkLeft, Newsweek Blogs, TPM Election Central, Emptywheel, MSNBC and The Swamp
Noam Scheiber / The New Republic: Romney As Swing-Voter Bait? Hmmm...
Big Tent Democrat / TalkLeft: McCain Advisor: McCain Can Announce VP Pick On "Short Notice"
Andrew Romano / Newsweek Blogs: McCain's Veep: It's All About the Map
Eric Kleefeld / TPM Election Central: Election Central Morning Roundup
John Mercurio / MSNBC: Mercurio: Put extra emphasis on V.P. pick
Mark Silva / The Swamp: John McCain vs. Media: Tour de Obama
Ken Khachigian / Wall Street Journal:
Who'll Be McCain's Veep? Who Cares?
Who'll Be McCain's Veep? Who Cares?
Discussion: Gawker, RealClearPolitics and Truthdig
Blake Dvorak / RealClearPolitics: Who's The VP? Who Cares?
Chris Cillizza / The Fix:
Veepstakes Line: It's Now or Never?
Veepstakes Line: It's Now or Never?
Discussion: Minneapolis Star Tribune, Politics Nation and RealClearPolitics
Reid Wilson / Politics Nation: Laying Odds On McCain's Veep
Mark Murray / MSNBC:
Discussion: Think Progress and protein wisdom
Gerard Baker / Times of London:
He ventured forth to bring light to the world — The anointed one's pilgrimage to the Holy Land is a miracle in action - and a blessing to all his faithful followers — And it came to pass, in the eighth year of the reign of the evil Bush the Younger (The Ignorant), when the whole land …
Discussion: The Nation, Boston Globe, www.redstate.com, www.redstate.com, Right Wing News, StephenBainbridge.com and Althouse
Ari Berman / The Nation: Campaign 08: Can Obama Keep Topping Himself?
Scott Helman / Boston Globe: Europe weighs in on Obama trip
Erick Erickson / www.redstate.com: The Gospel of Obamessiah According to Gerard Baker
Melissa Clouthier / Right Wing News: Has Obama "Peaked" Too Soon?
Steve Bainbridge / StephenBainbridge.com: Is Baker Talking about Obama or Damien Thorn?
Judith Bonesky / Bild.de:
I worked out with Obama! — HE CURLED 32 KILO DUMBBELLS NEXT TO ME +++ BARACK IS TOP FIT +++ HE DIDN'T SWEAT AT ALL — As thousands waited at the Sieges Saule monument in Berlin to hear Obama's sensational speech, a BILD reporter met Barack all alone - in the gym!
Discussion: Newsweek Blogs, michellemalkin.com, Ben Smith's Blogs, Wonkette and www.redstate.com
Ben Smith / Ben Smith's Blogs: Obamamania, cont'd — A reporter from the German tabloid Bild happened …
Ken Layne / Wonkette: German Reporter's Sexy Workout With Obama!
Chris Jones / www.redstate.com: Reporter: "I Worked Out With Obama!"
Ben Smith / The Politico:
Sarkozy: Obama's my 'pal' — French President Nicolas Sarkozy is offering Obama a warm welcome on the day of their meeting, in an interview with the conservative daily Le Figaro. — "Obama? He's my pal," the president told Le Figaro. "Unlike my diplomatic advisors, I never believed in Hillary Clinton's chances.
Discussion: Political Punch, MSNBC, Wonkette, Hot Air, Newsweek Blogs, Political Machine, Pajamas Media, AMERICAblog News, The New Republic and The Reaction
Mark Murray / MSNBC: OBAMA AND SARKOZY MEET, HOLD PRESSER
Allahpundit / Hot Air: Sarkozy kinda sorta endorses Obama
Andrew Romano / Newsweek Blogs: Ich Bin Ein [Insert Noun Here]
David Knowles / Political Machine: Sarkozy Pulling for Obama?
Bill Bradley / Pajamas Media: Sarkozy Embrace Of Obama No Real Surprise, And More
John Aravosis / AMERICAblog News: The Republicans' favorite European, French President Sarkozy, is now an Obama man
Jason Zengerle / The New Republic: Sarko the Greek — Sure, it's easy for Nicolas Sarkozy to say now …
Michael J.W. Stickings / The Reaction: "Obama? He's my pal."
Lance Armstrong / Washington Wire:
Obama Brings His Charm Offensive to Paris
Obama Brings His Charm Offensive to Paris
Discussion: Real Clear Politics
Associated Press:
Israeli paper publishes Obama Western Wall prayer … JERUSALEM (AP) - A written prayer that Barack Obama left this week in the cracks of the Western Wall, Judaism's holiest site, asks God to guide him and guard his family, an Israeli newspaper reported Friday.
Discussion: Political Machine, Opinion L.A., Reason Magazine and normblog
Tommy Christopher / Political Machine: Paper Publishes Obama's Western Wall Prayer
Katherine Mangu-Ward / Reason Magazine: Guess the Divinely-Inspired Politician
Norman Geras / normblog: Obama at the Wall — Here's an interesting development.
Ben Smith / The Politico:
Israeli paper publishes Obama's wall note
Israeli paper publishes Obama's wall note
Discussion: Gawker and MEANINGFUL DISTRACTION
Michael Weiss / Gawker: Obama's Thesis Is Unfound, Unlike His Prayer To Yahweh
Shadowcampaigner / MEANINGFUL DISTRACTION: JEEZ, YOU'D PUBLISH THE MAN'S PRAYERS?
Sam Stein / The Huffington Post:
McCain Blows Off WSJ Reporter (VIDEO) — John McCain's famously cozy relationship with the press is getting a bit testy. Taking questions in Columbus, Ohio, on Thursday the Arizona Republican blew off Wall Street Journal reporter Elizabeth Holmes, right after she stated her name and affiliation.
Discussion: Crooks and Liars, MoJoBlog, The Huffington Post, Gawker, MEANINGFUL DISTRACTION, D-Day and NewsBusters.org
Nicole Belle / Crooks and Liars: McCain Increasingly More Unhinged In Denver Speech
David Corn / MoJoBlog: No Good Veep Choices for McCain?
Allison Kilkenny / The Huffington Post: No Love. For Anyone.
Noel Sheppard / NewsBusters.org: Shocker: 'Barack Obama and the Press Break Up'
Erin McPike / National Journal Online:
For Targeted GOP Senate Candidates, St. Paul Is Not A Choice Destination — Nine of 12 targeted Republicans running in the most competitive Senate races this fall are either skipping the Republican convention in St. Paul, Minn., or have not decided whether to attend.
Discussion: TIME.com and Boston Globe
Foon Rhee / Boston Globe: Skipping GOP convention?
Andrew Klavan / Wall Street Journal:
What Bush and Batman Have in Common — A cry for help goes out from a city beleaguered by violence and fear: A beam of light flashed into the night sky, the dark symbol of a bat projected onto the surface of the racing clouds . . . Oh, wait a minute. That's not a bat, actually.
John Bresnahan / The Crypt's Blogs: Bush vs. Batman - who said it?
Gavin M. / Sadly, No!: Deflater Mouse Pops The Obama Balloon
Living Liberally / Open Left: Batman and Bush's Failure to Combat Terrorism
David Neiwert / Firedoglake: Must. Stop. Fist ... Of ... Doom!
William Beutler / Blog P.I.: Bush and Batman vs. Bush and Batman
Chris Orr / The New Republic: Batman as Bush, Ctd.
Johanna Neuman / The LA Times President Bush Blog: Is Batman's 'Dark Night' Bush or Cheney?
Ed Morrissey / Hot Air:
Senate Republicans hold the line on energy; Update: Reid falls apart — Senate Republicans kept their word today to defeat any energy bill that did not include an end to the Congressional moratorium on off-shore drilling. By a 50-43 party-line vote, the bill that supposedly would curb …
Discussion: www.redstate.com, The Hill's Blog Briefing Room, Reuters and Flopping Aces
Tom Doggett / Reuters: Senate energy speculation bill fails key vote
Trish Turner / Fox News:
Reid Flares Over Media Coverage of Energy Proposals
Reid Flares Over Media Coverage of Energy Proposals
Discussion: Gateway Pundit
David Brooks / New York Times:
Playing Innocent Abroad — Radical optimism is America's contribution to the world. The early settlers thought America's founding would bring God's kingdom to earth. John Adams thought America would emancipate "the slavish part of mankind all over the earth."
Christopher Farah / The Huffington Post: Obama's "Disney" Realpolitik
Dean Barnett / Weekly Standard Blog: Required Reading — 1) From the New York Times, "Playing Innocent Abroad" by David Brooks
Gregor Peter Schmitz / Spiegel Online: People of the World, Look at Me
Allahpundit / Hot Air: David Brooks on Obama: This isn't eloquence, it's Disney
Alan Stewart Carl / Donklephant: Looking for More from Obama — Yesterday, Barack Obama gave …
Betsy Newmark / Betsy's Page: Attempting a war speech without a war
SusanUnPC / NO QUARTER: The WORM Turns on Obama
Robert Stacy McCain / American Spectator: Shark-Jump Meme Going Viral?
Jennifer Rubin / Commentary: Now He's Done It — David Brooks, who has tried really …
Matthew Yglesias:
Thesis Follies — Steve Sailer darkly hints: … Meanwhile, Noam Scheiber writes about reporters' efforts to get their hands on a copy of Barack Obama's senior thesis, all copies of which have apparently gone missing from Columbia. The thesis was about nuclear negotiating strategies …
Discussion: Democratic Strategist, New York Times and Newshoggers.com
Ed Kilgore / Democratic Strategist: Senior Moment — If there's a siller right-win preoccupation today …
Alissa J. Rubin / New York Times: U.S. Expands Visa Program for Iraqi Allies
Fester / Newshoggers.com: Admitting Iraqi Refugees
Jaime Sneider / Weekly Standard Blog:
Obama's Missing Thesis
Obama's Missing Thesis
Discussion: The Opinionator
Gallup Daily: Obama by 6, Is There a Europe Effect? — Obama moves back to significant lead over McCain — PRINCETON, NJ — Barack Obama has expanded his lead over John McCain in the Tuesday through Thursday Gallup Poll Daily tracking rolling average, and now has a 47% to 41% advantage over his Republican challenger.
Discussion: Daily Kos, Open Left, The Other McCain and Donklephant
DemFromCT / Daily Kos: How To Read Polls Without Hyperventilating
Chris Bowers / Open Left: Bringing Pride Back To The Campaign
Robert Stacy McCain / The Other McCain: Ruh-roh: Is this a bounce? — Barack Obama moves to a 5-point lead …
Justin Gardner / Donklephant: Gallup: Obama Up By 6 — An overseas bounce? A Berlin bump?
Greg Sargent / TPM Election Central:
Critic Or Cheerleader: The Definitive McCain Iraq Timeline — Here it is: We've created a comprehensive time-line of John McCain's statements on Iraq, from the inception of the conflict to the present. — Our time-line casts some doubt on a key McCain campaign claim …
Discussion: Talking Points Memo, TalkLeft and Spin Cycle
Big Tent Democrat / TalkLeft: 4/08 - McCain Said "No one has supported President Bush on Iraq more than I have."
John Riley / Spin Cycle: McCain: Iraq timeline
Howard Kurtz / Washington Post:
Obama Abroad: We Get the Picture — The Candidate Looked Good This Week. Did the Press? — After saying little in public during a weekend in Iraq and Afghanistan, Barack Obama met with traveling reporters near Jordan's Temple of Hercules, a gladiator standing his ground against the media hordes.
Discussion: Achenblog, Commentary and The Caucus
Ernie Paicopolos / Fox News:
FOX News Poll: Does Obama Get Better Treatment by the Press?
FOX News Poll: Does Obama Get Better Treatment by the Press?
Discussion: Think Progress and Deadline USA
Oliver Burkeman / Deadline USA: Barack Obama: scary to other people
Douglas Mackinnon / The Politico:
GOP unfairly branded racist — I am a Republican and conservative who finds much about Barack Obama to admire. I am also a Republican and conservative who spent my formative years growing up in abject poverty and being homeless a number of times. During that time, I often lived …
Discussion: Sadly, No!, The Carpetbagger Report and Blue Girl, Red State
Warren Street / Blue Girl, Red State: GOP *FAIRLY* Branded as Racist


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So many shows this week! Get to it.
CKUT presents: Squalor + Cheap Wig + Balltripper @ Cabaret Playhouse
Squalor's experimental noisy sludge + fuzzy lo-fi wailers Cheap Wig + the psychedelic stoner punk of Balltripper = a good time.
Show starts at 9 p.m., $7.
Do you like your thrash with a fair amount of free jazz thrown in? Yeah, that's what I thought.
Show starts at 10 p.m., $7.
Castle + Buffalo Theory + Tunguska Mammoth + Abyssed + Near Grey + Watcher @ Foufounes Électriques
San Francisco's Castle are great and all but there are some solid openers representing Montreal here. Get there early not to miss Watcher and Near Grey.
Doors open at 6:30 p.m., $10 via Xtrem Productions or at the door.
Golden Tombs + The Hydrothermal Vents @ Casa del Popolo
Man, Golden Tombs are such a trip to see live. Go get lost in their cinematic psych-influenced spaghetti western-meets-folk.
Show starts at 9 p.m., $6.
La Forêt rouge (cassette launch) + The Crib Death of the Un-Cool + Goddard x Pelchat @ 185 Van Horne
La Forêt rouge was formed in 2002 by Olivier D'Amours (GGRIL, Monocytes) and David Dugas Dion (ex-CRABE, David and the Woods, Gens Chrétiens) and made long improvisational compositions influenced by psychedelic post-rock. They were ahead of their time and then, after a brief existence, the band went on an indefinite hiatus. They are back and will be releasing a new cassette on Montreal label Cuchabata Records. Supporting them are The Crib Death of the Un-Cool — made up of Sam Shalabi and Chris Burns, two legends of the Montreal underground improv/experimental scene — and free jazz/noise duo made up of James Goddard (Public Transit, Skin Tone) and Alex Pelchat (Shining Wizard, Drøm Før Du Dør).
Show starts at 9 p.m.
A Devil's Din + Balltripper @ Barfly
Psych-rockers A Devil's Din and Balltripper both lost their gear and jam space to a fire recently and are putting on this show (with borrowed gear) to help raise funds to replace what they've lost. For those who'd like to help out but can't make it to the show, they are accepting donations through money transfer at email@example.com.
Show starts at 6 p.m., PWYC.
Andrew Sisk presents The Passing of the Buffalo + Aim Low @ Casa del Popolo
I will let the event description speak for itself here: In the spring of 2011, Andrew Sisk scanned the stacks of a used bookstore and spotted the thin, aged spine of an antique book titled The Passing of the Buffalo. Published in 1916 in Vancouver, the prologue caught Sisk's eye as it spoke of the fate of one of North America's first natural resources, the wild buffalo. Through the book's prologue, five acts and epilogue, the author details the rapid decline of the buffalo in a beautifully poetic and educated tone from behind the mysterious pen-name, Buckskin. Its verses reveal a warning for our time and a beauty long forgotten.
Sisk was inspired to spread the book's message through music and pay homage to a great work.
Show starts at 8 p.m., $8.
Witching Hour Full Moon Halloween Party: Collision of Dimensions @ Theatre Rialto
This sounds like it's going to be totally crazy. Witching Hour have made a name for themselves throwing parties that include many kinds of media and other more unconventional activities like yoga and meditation. There's always a live music component — usually electronic DJs and bands — as well as live painting and film screenings. Marie Davidson headlines this edition curated by No Exist and QuebékisŤanz.
Doors open at 8:30 p.m. Tickets cost $10 in advance at Phonopolis, X20 and Cheap Thrills; $12 at the door.


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The Chicago Innovation Awards – Part 3
John Jonelis
I've jumped aboard a Gulfstream G450 to interview the legendary Loren Bukkett. I want his take on the Chicago Innovation Awards. He finally puts away his phone and turns to me. "Okay, let's talk," he says.
I take that to mean he's already finalized all the deals that peaked his interest. Nice to have a large staff to handle the details. But here in the jet cabin, it's just Loren, his wife Aussy, and me.
Aussy is doing some form of shorthand on a tablet computer. That woman hasn't spoken since I climbed in the plane. Maybe Loren asked his wife to keep it buttoned. Maybe he wants to control what information gets out. At this point, I'm afraid to ask her a direct question. I even wonder if this is their secret strategy to keep outsiders off balance. If so, it's working.
They give out so many honors at the Chicago Innovation Awards tonight that I can't keep it all straight. So much glitz and pizzazz. Jumbo screen. Music. Entertainment. Applause. Streaming internet content. I appreciate the way they present a standardized set of videos to highlight the mission of each winner. A professional job and it moves things along nicely. With sponsors like Disney, Comcast, and Wrigley, they can afford to do it right.
I pull out my notes. "Let's do the 'Up-and-Comer' category first." I proceed to read off the list but Loren waves me to a halt.
"We'll do it my way," he says. And he goes on to tell me about every company that won an award at that event. He does it in depth. No notes. No prompts. At his age, that kind of memory astounds me.
"Now John, keep in mind that for twelve years, every company with an award from this group is a success. And there are a lot of them. That's impressive and gives an old investor like me a feeling of confidence. Of course my people check out these companies in depth, but you can't help but come away with some degree of certainty—a belief deep down that every one of them will find a way to make it."
"You said they'll break that perfect record this year."
"That's the awards to those two politicos, not the companies. No as I see it, what we have here is a large pool of opportunity. I already set some wheels in motion. Don't ask me which ones." He clasps his hands behind his neck and leans back. "When you get to be my age, you either turn into a curmudgeon or you win back some of that idealism you enjoyed as a youth. These days, a big part of my strategy includes companies that are doing-well-by-doing-good. I saw a few tonight. One of them is BriteSeed."
I nod. "I saw them pitch earlier in the year—at BNC I think. They made a big impression on me." I splash three fingers of his excellent Hennessy into each of our snifters. Maybe the combination of spirits and altitude will keep him loose.
"It's a hot sector," he says. "Their SafeSnipstm technology could be life-saving. Imagine it on a large scale. No more surgical accidents. Billions of dollars saved." He leans toward me and lowers his voice. "Keep your eye on Northwestern Global Health and their rapid HIV diagnosis. And Recall-Connect built an automated system to match defective medical implants with patients. No more wading through reams of paper files. Medline came out with an anti-viral face mask. Preventing disease is real attractive to me, but this one's a family company, so…"
"No need for investors?"
"We'll wait and see. My only concern with Feeding America is scalability. But they won the Social Innovator Award so people need to take that group seriously—very seriously. Any way we can fight hunger, we oughta do it." He gingerly takes a tiny sip of his cognac as if he's already had enough to drink. "I'm interested in the People's Choice Awards winner," he says. A little company, New Futura, wants to help Latinos achieve the American dream. Naturally I'm attracted to those kinda offerings. Then there's Moneythink helping high school kids with their careers. That's about it for the do-gooders."
He pauses a moment, pats his stomach, then grins. "That's another hot sector. That company is off and running in 10 markets with half a million customers already. I'm sure they'll do well. But I'm not in the mobile app or social media space."
"Doesn't that limit your exposure to startups?"
"That it does, John. That it does." He takes another tiny sip of cognac. "Anymore," he says, in his Midwestern idiom, "Anymore there's so much money chasing mobile. So many new startups and only a few will pay off. The good ones get bid-up. Way too high for my liking. New York, Boston—all those great centers for venture capital are in love with mobile and social media. Maybe it's good for Silicon Valley but it doesn't fit my strategy. That's why I come to Chicago. Of course I make exceptions."
"Do you see a bubble?"
"Well, you always need to keep that in mind. For me it's more a problem of value."
Anybody that follows Loren Bukkett knows that deep value is his favorite strategy. Then he shifts gears. "Do you know anything about NuMat Technologies?"
That catches me off-guard and I fumble over my words. "Some. I saw them present at another Chicago event–can't recall where. Seemed like a winner to me but with so many great offerings, the judges at that event looked elsewhere. Do you think the technology is practical? Can they actually store and transport natural gas in bulk the way they suggest?"
"Keep your eye on them," he says. And suddenly I wish my investment portfolio could stretch that far.
"And Coyote helps trucking avoid dead runs by sharing between companies. That's the same thinking that put you and me on this beautiful jet. I like that business model."
He takes more from his snifter and my hopes of getting him to comment on the awards to the governor and mayor are one step closer to reality. "1871," he says. "That is without a doubt the most significant incubator I've come across. They made up their minds to do it right. 50,000 square feet with an option to double. Three universities keep offices there. Venture capitalists too. A successful startup from Northwestern keeps two big rooms to teach folks to code in new languages. Lots and lots of aspiring companies—and you gotta pass their standards to get in! This is one of the new hybrids—part incubator, part accelerator. Most of their companies are outside my investment horizons but every one of them is highly interesting. It must be a great resource for you."
"Sure, I've been there a number of times. They run a lot of events and always invite the community. If they expand, I may take an office there. What's your opinion on Options City?"
Loren lifts his feet back to the tabletop. "That one hopes to cure a sore point of mine. They want to help the little guy fight back against high frequency trading syndicates. We're talking trading in-and-out in nanoseconds. Nowadays these guys own 70% or more of the volume on most of the exchanges. And naturally, the exchanges reciprocate by giving them the same privileges as market makers. But they don't carry any responsibility like market makers. Or risk. They don't make orderly markets. No, they hit and run. They're speculators. Why should they get the first look at all the trades? It's all driven by greed on the part of the exchanges. I think it should be illegal."
I'm leaning forward and nodding vigorously. "It's the High Freaks that changed my approach to trading. I had to slow my timing way down and widen my stops—take on more risk."
"Well alotta people are going broke because of it. These operations spend upwards of $100,000 a month for the fastest hookup and shortest wire to the exchanges and then run everything by computer algorithm. This new company wants to level the playing field."
"The jury is still out."
Loren talks another twenty minutes to cover it all. Food Genius, mentormob, and mobcart, all leverage the Internet to aggregate information and communication. Cummins Allison of all people is selling a document scanner for banks. Borealis makes a light that takes 90% less energy and lasts 30 years.
That leaves Bright Tag, Catamaran, Littelfuse, and SMS Assist. An impressive event in execution, scope, and promise. It amazes me that so many fine businesses are right here in Chicago. All they need to succeed is a boost in the economy.
We clink glasses. "So Loren, I still want to talk in-depth about the awards to the governor and mayor."
Comment on this article — Your name and email is optional
Find Chicago Venture Magazine at www.ChicagoVentureMagazine.com Comments and re-posts are welcomed and encouraged. This is not investment advice – do your own due diligence. I cannot guarantee accuracy but I give you my best.
Copyright © 2012 John Jonelis – All Rights Reserved


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Originally uploaded by B℮n
I had the best run ever today. And I mean maybe the best run I've ever had in my life. I can't remember another time when running has felt so absolutely effortless, pain-free (YES!) and joyful. I just set out intending to walk, but then Earth Wind & FIre "Fantasy" came on and that got me GOING. And instead of my usual little old-lady run, (very short strides, more like a fast shuffle) I just WENT with it, and I was like, FLYING, uphill! It felt so so so good. Then I walked a bit. Then another song came on and again I just pumped it out.
Partially it just felt great to do that. It was a cool, beautiful morning in the woods. Partially I was rehearsing for the Weight Watchers 5k walk I am going to be leading this Friday (SO excited about this!). I was thinking about telling the members about stride length and pace, and remembering all I'd learned from my racewalking coach with Team in Training.
But all of a sudden I thought, what if I just ran… like a gazelle? (OK, don't laugh) Instead of like the little old lady I'd started to think of myself as being, since my ankle got injured again. And my body just took off. It took off and I was like, WOO HOOOOOOOOO look at this!
I was also trying to show my Phillips Directlife monitor a thing or two. According to it, I'm not running even when I think I'm running. So today I was like, "I'm RUNNING, dammit!" I wanted to know exactly what I need to do for the stupid thing to actually register as "you are running." As it turns out, it takes this "running like a gazelle" thing as opposed to the little old lady shuffle. Figures.
Anyway, I feel a renewed happiness about running. I hope I can run like this again because it felt so awesome. But to just have experienced it this one time was amazing. Now I'm even more excited for the 10k Trail Run/Hike I signed up for in September. Who wants to join me? Brunch at my house afterward because it is just 3 blocks away!
(note: that is not me in the photograph, but it looks a lot like my woods and it is how I FELT)


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Allstar Legend was on a mission Saturday night at The Meadowlands in the featured 11th race, a $30,000 Free-For-All Handicap Pace.
Scratched down to a field of five, Mike Lachance powered Allstar Legend right around Golden Receiver early, hitting the opening quarter in :25.3. Lachance rated Allstar Legend through a :58-second middle half, leaving Golden Receiver behind turning for home and powering away to win easily as the 8-5 favourite. Stablemate Ultimate Beachboy rallied from last to be second with Sam Hill checking in third. The mile was timed in 1:50.
Allstar Legend is trained by Ron Burke for Brittany Farms and John Cherveny.
The second round of the Caramore Series was contested Saturday night at The Meadowlands with three divisions.
Tell Us More made it a perfect two-for-two in the series, winning impressively in 1:50.1. Sent off as the even-money favourite, Tell Us More went right to the lead again and never looked back, ripping off fractions of :26.4, :54 and 1:22 before drawing clear again to win by three lengths for Jim Marshall III. The final time of 1:50.1 once again lowered the four-year-old's lifetime mark, which was set last week when he won the first division of the Caramore in 1:50.2. On The Radar and Pembroke Dewey were second and third throughout the mile. Marshall III drove the winner for trainer James Siegelman and owner Michael Casalino Jr.
The second division went to Andwin Hanover, who pulled off the 10-1 upset for Vincent Ginsburg. Andwin Hanover took the fight to his competition early, clearing the lead at the opening quarter in :26.1 before flying through the half in :53.3 and three-quarters in 1:22.1. Ginsburg called on his horse for everything nearing the wire and was able to fend off the oncoming King Point, a 38-1 shot himself, to win in 1:52. Reflection Of Blue rallied to be third. The winner is trained by Mel Owens for Rosanne Owens.
The third Caramore split wrapped up the Saturday night card and went to Grab Your Keys, who chased down the speedster Duel In The Sun, who wheeled off fractions of :27.1, :54.2 and 1:21.3, putting up consistent :27.1 quarters until he was collared in the stretch. Grab Your Keys rallied for Marcus Miller, giving him a hat trick on the program. The winner is trained by Michael Fiumenero for Sam Demchak and Brian Bennett. The victory was the third in a row for Grab Your Keys and established a new lifetime mark of 1:50.1.
Racing returns on Friday, with first post time at 7:15 p.m. The Friday program features a $50,000 TVG Free For All Trot, on the road to the TVG Free For All Championships, as well as The Flower Child Final. Come out Friday night for your chance to win tickets to see Beyonce and Jay-Z at MetLife Stadium.
(Meadowlands Racetrack)


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Just a note—Someone asked if I had sucked in my stomach for the 4 Weeks picture. Yes—I sucked in my stomach for BOTH pictures. 🙂
A bit disappointed about this past week because no weight loss and no inches lost. HOWEVER, in other ways, this has been a fabulous week!
I finally gave in and went to shop for new slacks. Yes—I did end up buying a size smaller! No more saggy crotch pants! I can't even remember when I last wore a size 8 pants.
Had assessment at the gym this week. I rated excellent for my age (64) in every category except good cholesterol and grip strength. (Don't quite understand how bad cholesterol and total cholesterol can be in excellent range with good cholesterol low—hmmm…).
Had to do pushups for the assessment. Haven't done those before. Trainer said to just do as many as I could. I did 35 pushups. Trainer was excited and told me that 17 pushups are excellent for my age. If she had told me that before, I could have stopped at 17! HaHaHa!!!
I know I wouldn't have achieved the excellent ratings if I hadn't just finished my first 28 Day Challenge. More energy! More stamina! Woo! Hoo! for healthy eating and Arbonne nutrition products and support! Continuing this new lifestyle!
I posted about smaller pants and excellent assessment in the Arbonne 28 Day Challenge Facebook group. Our director, Jodi, commented "Wow, Dawn! This is so inspiring. I have a sense that the way you feel is much better than the taste of any donut!"
Donut?!? Donut?!? I don't need no stinkin' donut!!!