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About Schools in Midway, AL
Contact a Coldwell Banker® real estate agent to learn more about the schools and school districts in Midway, AL.FIND AN AGENT
Midway, Alabama is located in Bullock County. Nearby cities and towns include Union Springs, Hurtsboro, Clayton, Louisville, Fitzpatrick, Bakerhill, and Eufaula. Midway is a rural community with a population of 415. The median household income is $32,243. In Midway, 27% of residents are married, and families with children reside in 37% of the households. Half the population of Midway commutes 24 minutes or less to work, with 54% of residents holding white collar jobs and 46% residents holding blue collar jobs. The median age of homes in Midway, AL is 23 years, with 55% of those homes owned, 24% rented, and 21% not occupied.
Contact a Coldwell Banker® real estate agent to learn more about the schools and school districts in Midway, AL.FIND AN AGENT
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@Lazyaza said:
@Cold_Wolven said:
Patrick has the new Sly Cooper game, I thought he hated furries?
None of the gb guys hate furries, they even defended them when all the silliness regarding Dust's art style started.
Didn't he say in the GotY deliberations that the art style turns him off?


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A wonderful fairy tale of a man that due to stress has become an ogre and goes on vacation to find himself again reunited with his family
A teaser of the work done for Ryan Hope in his four films for Absolut.
A wonderful journey through the premiership emotion roller coaster
A journey through the destruction process necessary to innovate.
A great little job where we enjoyed the whole journey, simple fx, great direction, good fun and the coolest kids I have met.
A good bag of projects I have been lucky to work for.
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Today's Tip… by Robert Mitchell!
While Windows Defender has been available for a while (first available with Windows Vista), for a time it was simply an antispyware program. When Windows 8 released, it carried with it a beefier version of Windows Defender that was a full-fledged antivirus program.
Its features include (but are not limited to)…
· Real time protection
· Automatic updates for its definitions file
· Integration with IE
I use Defender, it does generally a good job and is much improved since Windows 7, in my opinion.


text:
Technical Focus Staffing
There are currently no job openings at Technical Focus Staffing.
Find more jobs on ZipRecruiter
The ZipRecruiter job matching algorithm analyzes millions of jobs from hundreds of job boards to instantly return the most relevant results. Here are some additional tips to help you optimize your search:
Got it, thanks!


text:
Pronunciation: cheval
Added on: 2008-04-21 Listened: 24K timesin: Add categories to cheval
Pronunciation in French [fr]
- Pronunciation by Pat91 (Male from France)
- Pronunciation by saqurtmudyn (Male from Canada)
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- Pronunciation by Cistude (Female from Switzerland)
- Pronunciation by Clador06 (Male from France)
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- Pronunciation by FabienVDP (Male from France)
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- Random word: Danette
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When was the last time you saw a real Duster 340? Designed by Chrysler for hot rodders on a budget, the Duster 340,... More
1933 Plymouth Original Steel 5 Window Coupe... More
Coming Soon! Call Now 248-974-9513... More
1968 Plymouth Fury III convertible, forest green exterior not dents etc., white interior, new white convertable top, new tires, orginal 318 TB engine orginal... More
This 1965 Plymouth Belvedere has a 446 C.I. Performance Built V8 w/ Twin 4 BBL Carburetors, 727 Torqueflite w/ Reverse Valve Body, 3500 Stall... More
For sale in our Orlando showroom is a 2013 Plymouth Superbird. Yes we know what you??re thinking ??how can there be a 2013 Superbird??... More
Up for sale in our Ft. Lauderdale Showroom is this beautiful and monstrous example of pure American Muscle the 1970 Plymouth Duster 340. Built... More
Remember when car companies were taking chances and exploring new markets? The results were cars like the Viper, the Ford GT, and perhaps the... More
Beautiful 1937 Plymouth PT50 for sale. Total restoration of an original truck. Completely rust-free. Original 201 cubic inch engine. 3 speed. Runs and drives... More
~CALL US FOR A DETAILED DESCRIPTION OF THE CAR! WE DO A 150+ POINT CHECK ON EACH VEHICLE AND ARE HAPPY TO SHARE... More
~CALL US FOR A DETAILED DESCRIPTION OF THE CAR! WE DO A 150+ POINT CHECK ON EACH VEHICLE AND ARE HAPPY TO SHARE... More
Beep Beep!! Here's a cool Los Angeles built California Roadrunner equipped with a 440 engine, 727 Torqueflight, newer dual exhaust, power disc brakes, power... More
Beep! Beep! .This 1969 Plymouth Road Runner is from Wisconsin. The cars exterior body and paint were restored only. One single repaint, Factory Yellow that... More
``RARE`` !!... 1949 Plymouth ``P17 Suburban`` 2 Dr. Station Wagon !! Just 44 K on it`s clock and well taken care of. High... More
This custom built 1939 Plymouth Sedan Delivery is for sale in our Louisville Ky showroom.1939 was an exciting time for Plymouth not only had... More
GR Auto Gallery is pleased to present this 1970 Plymouth GTX for purchase. The GTX burst on the scene in 1967 as a hot... More
1967 Plymouth Barracuda Fastback Formula, Original unrestored car. Excellent condition. Dark green exterior and pearl white interior. 383 Formula S, automatic, with original build... More
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ONLY 28,000 ORIGINAL MILESCLEAN ALL ORIGINAL,NUMBERS MATCHING 383 WITH 727 AUTO TRANSMISSION, ONE REPAINT, FACTORY COLOR COMBO,CAR FROM TEXAS.NO RUSTRARE INTERIOR COMBO-ORIGINAL SHEETMETAL-ALL GAPS... More
1963 Plymouth Sport Fury "Golden Commando"--the Golden Commando was the 383 HP engine option with 335 hp and 4 barrel carb. This engine later... More
Unmolested , unrestored original . AT , PS , Sure-Grip . I have the original tires and full hubcaps . The Cragar wheels were bought... More
1948 Plymouth Deluxe Drive and runs well... More
1948 Plymouth Special Deluxe 2-Door Convertible, Complete perfect, mint restoration. Includes optional radio and heater. National trophy winner. Original sales agreement. Great looks. Very... More
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1974 Plymouth Roadrunner GTX 440. Very rare, only 386 ever built. Numbers matching. A/C. Power windows ,cruise control. Excellent condition. 2500 miles on rebuilt... More
All vehicle trades considered, including classics and performance. Back in 1970 the GTX was Plymouth's top-of-the-line offering for luxury performance. As such, it is one... More
BeepBeep, this 1969 black on black Roadrunner is sure to out run any coyote! The My Hot Cars Team is excited to be able... More
1963 Max Wedge - 4 speed Belvedere. A real survivor kind of car. A Documented Govier Max Wedge engine and listed in the Davis... More
1970 Cuda , Period correct 440 CI engine, Fresh restoration on an original Barracuda. Rebuilt 727 TorqueFlite transmission, 3.91 Positraction, 8 3/4 inch rear... More


text:
Outdoor Living
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Rated 4.5 out of 5 by 13 reviewers.
Rated 5 out of 5 by huxracingangel 5' Wooden Plank Garden Bridge With Rails I got this bridge to go in my daughter's garden... She passed away April 9, 2013. This bridge is an awesome addition to her garden... Came well packaged & deck assembled in 2 halves... We put it together (NOTE * the rails are slanted on one end & straight on the other. They go in a certain way. If you Have any bad gaps in the railing, turn the rail around), varnished it with Min Wax Golden Pecan varnish, bored holes in the top of the 4 end posts, & mounted solar powered lights on the posts... This bridge is made of good wood, sturdy, & holds up to 450 lbs (we haven't tested that)... But it is a beautiful addition to her garden and I highly recommend this product April 2, 2014
Rated 5 out of 5 by metneeds This product has good and the finished product looks great. I built a dry creek bed of pebbles and rocks and need a bridge for it. I saw this bridge in the catalog. It met my needs and the price was very good. After assembly I stained the bridge and it looks great. June 12, 2014
Rated 5 out of 5 by Carlotta Beautiful Bridge This is such a lovely bridge. I put it in my front yard garden next to my water fountain and it's just beautiful!!! Thank you for the excellent craftsmanship! June 25, 2014
Rated 5 out of 5 by Herky Wood bridges Excellent addition to our back woods area. Both the long and short bridge. August 1, 2014
2 Questions : 2 Answers
Get help about this item from fellow customers. Ask your questions. Share your answers.
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Has staff answer
1 answer
What is the inside measurements on wooden bridge
Age: Over 65
Gender: Female
11 months ago
Austin, TX, USA
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2 People need an answerI have this question too
Answer:Thank you for your question.
For the 5' bridge, the inside measurement between the posts is 21"W and the outside of the posts it is 25-3/4"W.
For the 7-1/2' bridge, the inside measurement between the posts is 23-1/2" W and the outside of the posts it is 29"W.
11 months ago
Cleveland, OH
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What type of wood is this bridge exactly...Douglas Fir, Pine, or something else? Are the fasteners (screws, bolts, etc) stainless steel, galvanized, or something else?
9 months ago
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1 Person needs an answerI have this question too
Answer:Thank you for your questions.
The wood is Chinese fir wood. The fasteners or hardware are metal. They are neither stainless steel or galvanized.
8 months ago
Cleveland, OH
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Product:446868-Wood Plank Garden Bridge with Rails


text:
Barbaro doing well after surgery
By Jon Hurdle
KENNETT SQUARE, Pennsylvania (Reuters) – Kentucky Derby
champion Barbaro, who suffered a fractured leg in the Preakness
Stakes, is doing well after major surgery but veterinarians are
still cautious about whether he will survive.
Officials at the University of Pennsylvania's New Bolton
Center for Large Animals said on Monday that Barbaro was
behaving normally the day after more than four hours of
surgery, following his dramatic exit from Saturday's race.
"He's doing all the things a horse should do, including
eating and nickering at the mares near him," the center's chief
of surgery Dr Dean Richardson said in a statement.
"While we are optimistic, we remain cautious about his
prognosis and are watching for signs of infection at the
surgical site, laminitis and other possible after effects of
the surgery."
The three-year-old was unbeaten over six career races and
stormed to victory in the Kentucky Derby, raising hopes
throughout the racing world that he could become the first
winner of the coveted Triple Crown since 1978.
But he pulled up suddenly at the Preakness in Baltimore,
his right hind leg splaying out at an unnatural angle. Many
spectators were in tears at the sight of the dark bay colt.
Barbaro broke his ankle in three places, a series of
injuries that usually leads to a horse being euthanised at the
But Barbaro's owners, Roy and Gretchen Jackson, wanted him
saved if possible, and Richardson agreed to try.
Dr David Nunamaker, a professor of orthopaedic surgery at
the New Bolton Center, said the Jacksons had a clear financial
incentive to try to save Barbaro.
"It was an economic decision," he told reporters outside
the center. "This horse has great value as a breeding animal.
At the entrance to the center, amid the rolling hills of
south-eastern Pennsylvania, well-wishers had put up
hand-written posters including "We love you Barbaro," and "Be
Brave Barbaro."
Supporters have also sent flowers, carrots, apples and
money, said Corinne Sweeney, associate dean of the New Bolton
"We've had tremendous support," she said. "They are saying,
'We just want them to know that we care about the horse."'


text:
Cheap LGG to Willemstad flights
Popular Flights from Liege, Belgium
Top Liege Flights to US Destinations
Top Liege International Destinations
Popular Flights from Willemstad, Curacao
Top Willemstad Flights to US Destinations
Top Willemstad International Destinations
LGG to CUR Route Map
Liege to Willemstad Flights, Stats and Airplanes
Route information for flights from Liege to Hato Intl..
4,887.16 miles
CUR - Hato Intl. Airlines
Browse the most popular airlines servicing the Willemstad (CUR) airport. Visit their flights pages to learn more about the most popular routes these carriers fly.


text:
1969 GT 350 Project This is an original 1969 Shelby that needs to be restored. It does however have it's original 351 engine and rebuilt transmission. ... More
For sale is a Original Solid California 1957 Thunderbird that was purchased new in Covina Ca. and driven lightly, then sold in 1971 only 2 miles away to Covina... More
1986 Porsche Carrera Targa '86 Porsche Carrera Targa with matching numbers, chassis#WPOEB0919GS161974, engine#64G07110 in color code#700 black with black interior. Equipped with a 5 speed... More
1979 Excalibur Phaeton '79 Excalibur Phaeton in crème with brown fenders and tan interior. Equipped with an automatic transmission, air conditioning, wire wheels and dual... More
STK: 1981 1951 Mercury Woody See salesperson for more information. ALL VEHICLES SOLD AS-IS.... More
1941 Chevrolet Panel Truck,rebuilt 235 6 cyl engine,rebuilt 3 speed floor shift transmission,rebuilt brakes,new chrome bumpers,re chromed grill and headlights... More
1987 Porsche Carrera Cabriolet '87 Porsche Carrera Cabriolet with matching numbers chassis#WP0EB091HS170906 engine#64H02863 in burgundy with black interior and equipped with a 5 speed... More
1967 Austin Healey '67 Austin Healey 3000 in silver with navy blue interior and equipped with over drive and wire wheels. Comes with the... More
My dad restored this four-door, seven-passenger sedan, and we inherited it 10 years ago. It has been in our garage since then. We are... More
1963 MERCEDES-BENZ 220 SE COUPE, W111, 142K ORIG MILES, ORIGINAL PAINT AND INTERIO AND UNRESTORED, NO ACCIDENT, GOOD PAINT, GOOD CHROME A FEW MINOR... More
1983 Rolls Royce Corniche Convertible '83 Rolls Royce Corniche Convertible in gold with brown interior with 50,373 on the odometer and equipped with an automatic... More
1966 MERCEDES BENZ 230SL - W113 4 Speed Manual Transmission Hard top and soft top. Very nice overall, this is a good driver. Original fenders, floors are... More
1965 Austin Healey 3000 MKIII BJ8 that is a good car to restore. The car is in green and white primer with a black... More
1969 Jaguar XKE FHC '69 Jaguar XKE FHC matching numbers in red with black interior. This car comes equipped with a manual transmission and... More
1950 GMC Suburban Panel Van F 100, Description: GMC Panel Van ½ - ton 228 inline 6, 90hp with casting 2135412 3 speed column shift Wheel base 116" 12 Volt... More


text:
UNITED STATES v. COVINGTON
- 1960-1969
Legal provision: Self-Incrimination
Argument of Martin
Chief Justice Earl Warren: Number 336, United States, appellant versus Henry Preston Covington.
Mr. Martin.
Mr. Martin: Mr. Chief Justice and may it please the Court.
I would like to move the admission for the purposes of this case to Mr. Philip Lacovara, member of the staff the Office of the Solicitor General and member of the Bar of the State of New York.
Chief Justice Earl Warren: You may.
Motion is granted.
Mr. Lacovara.
Mr. Martin: Thank you.
Argument of Philip A. Lacovara
Mr. Philip A. Lacovara: Mr. Chief Justice and may it please the Court.
Before I begin the statement of the Covington case which is now being considered, I'd like to clear up a misapprehension which maybe left with the Court.
The tax imposed on the transfer of marihuana to a non-registrant is $100.00 per ounce or fraction thereof.
So, while it is possible according to Bureau of Narcotics statistics to obtain between 85 and 100 cigarettes from each ounce of marihuana.
The transfer of even of a cigarette which would have perhaps 100 of an ounce would still be subject to a $100.00 tax because any transfer of marihuana no matter how is like if to a non-registrant is subject to the $100.00 tax.
Chief Justice Earl Warren: Is there anything in the record to indicate how much the Government did obtain in taxes from this law?
Mr. Philip A. Lacovara: Yes, that is a matter of public record.
In the fiscal year 1967 that would be July 1, 1966 through January -- through June 30, 1967, $177,000.00 was collected under the Marihuana Tax Act.
For calendar year 1967, the figure is about $270,000.00.
Justice Byron R. White: Is that from the $3.00 and $1.00?
Mr. Philip A. Lacovara: This is all revenue collected under the tax.
It includes the special occupational tax and the transfer taxes in amounts of $1.00 and $100.00.
Justice Byron R. White: Well, but does the Government depended to $100.00 has ever collected?
Mr. Philip A. Lacovara: No, sir.
Absolutely not in our brief.
Justice Byron R. White: Do you mean at the time of transfer of marihuana illegally under state law that is that I can pay the $100.00 tax collected?
Mr. Philip A. Lacovara: If you are not eligible to comply with state law, you cannot register with the Director of Internal Revenue under the Marihuana Tax Act.
It is our contention that if you're not eligible for federal registration you cannot prepay the tax or obtain federal order points.
Justice Byron R. White: But do you think that after conviction it governed with the civil action?
Mr. Philip A. Lacovara: Not always after conviction but --
Justice Byron R. White: No, if and when, that's what I want to know.
Mr. Philip A. Lacovara: -- after the transfer -- the illegal transfer has taken place, the Sanchez case before this Court.
Justice Byron R. White: And the Government will accept the $100.00?
Mr. Philip A. Lacovara: The tax is levied by an assessment.
I'm not aware of any situation --
Justice Byron R. White: But why is it this -- do you mean levied by assessment?
Mr. Philip A. Lacovara: In the civil suit, yes.
Justice Byron R. White: So that the -- there is liability for $100.00 tax?
Mr. Philip A. Lacovara: There is absolutely, yes.
Justice Byron R. White: And if the person wants to is there a penalty involved for not paying -- for non-payment civil type penalty?
Mr. Philip A. Lacovara: I'm not sure whether the 50% surcharge --
Justice Byron R. White: There's interest anyway?
Mr. Philip A. Lacovara: Yes, there would be 6% interest.
Justice Byron R. White: So the -- how do you really distinguish this from Grosso, but that the payment of the tax itself?
Mr. Philip A. Lacovara: Well, I think there's a very critical distinction in Grosso.
The individual was required to come forward and pay the tax on his own initiative and he fail to do so, he was subject to criminal prosecution.
Justice Byron R. White: Government --
Mr. Philip A. Lacovara: In this situation, --
Justice Byron R. White: Do you mean to pay the tax yourself that we can collect the premium with it?
Mr. Philip A. Lacovara: If the Government bears the burden of proof, there is nothing even in Grosso.
Justice Byron R. White: No pressure on the person because if he doesn't pay the tax, he doesn't break the law but if he doesn't pay the tax, the Government assesses that he done?
Mr. Philip A. Lacovara: No, there is no additional criminal violation.
Justice Byron R. White: Like peculiar situation.
Mr. Philip A. Lacovara: Mr. Justice, there is no additional criminal violation in not paying the tax after the transaction has occurred and the way the --
Justice Byron R. White: That isn't the point.
The point is that paying tax and liabilities for the tax indicates that he has already broken the law, that he is among that category A which to get an order form and at the end of the guilty plea transfer the marihuana?
Mr. Philip A. Lacovara: Yes, and the Government is not punishing him for failing to waive his Fifth Amendment right. The Government is saying, "We have information that you illegally obtained marihuana.
That is a taxable transaction for which you are liable."
Justice Byron R. White: And can you pay the tax and say, "I am in that category."
Both people who have illegally committed -- illegal to formulate the things?
Mr. Philip A. Lacovara: The same could be said about an embezzler who fails to report the proceeds of an embezzlement on his income tax return if the Government and it brings a civil suit --
Justice Byron R. White: The Government wants to argue that the general liability applicable to law the income tax -- is there suspect as the Grosso situation and argue its (Inaudible)?
Mr. Philip A. Lacovara: We're not willing to suggest that the income tax is fatally a suspect.
Justice Byron R. White: Well, I don't think the argument now did.
Mr. Philip A. Lacovara: Well, --
Justice Byron R. White: About the embezzlement.
Mr. Philip A. Lacovara: In practical effect, we suggest that there really is no Fifth Amendment difference in this situation.
The penalty that's being imposed in the civil assessment is something that the Court expressly in Grosso and Marchetti and Haynes said was allowable.
The Court expressly said the tax is not invalid in these situations and the Government can take steps to collect it civilly.
The only thing that the Government may not do is prosecute a man criminally for not having come forward to pay the tax.
This Act is different from the Firearms and the Wagering Tax Acts because as --
Justice Byron R. White: Don't you think the Government gets some clue that I transferred narcotics illegally if I have to come forward and pay a tax?
Mr. Philip A. Lacovara: You don't.
Justice Byron R. White: Because I'm the only -- the only reason I have to pay $100.00 is that I have transferred it illegally?
Mr. Philip A. Lacovara: You obtained it illegally.
Justice Byron R. White: Well.
Mr. Philip A. Lacovara: But what we're saying is that --
Justice Byron R. White: That maybe the first thing the Government heard of it that I transferred illegally is that if I come forward and pay the tax?
Mr. Philip A. Lacovara: Well, Mr. Justice, I have to reiterate that the way the statute was drafted and the way it's been interpreted under the regulations for the past 30 years and illegal acquisition the person who acquires marihuana illegally that is in most situation someone who was a non-registrant is not expected to come forward and pay the tax.
Justice Byron R. White: But he is expected to pay it?
Mr. Philip A. Lacovara: If the Government brings suit against him and a judgment is rendered establishing his civil liability then the tax is collected as any assessment is.
But, it was never contemplated by Congress in the administrative agencies have never expected.
Justice Byron R. White: If on the face of the law is exempted for the liability for not paying the tax itself?
Mr. Philip A. Lacovara: Yes, that the statute doesn't --
Justice Byron R. White: Incase he forget that?
Mr. Philip A. Lacovara: Statute that is involved here --
Justice Byron R. White: Just forget that and say, well if he doesn't deny this means civil liability?
Mr. Philip A. Lacovara: No, sir.
What we contend the statute says and what it means is that any transfer, any receipt of marihuana by an individual who cannot obtain federal authority for it is a criminal offense because the tax is said up in a way to make it a crime for a person in the course of taxable transaction to obtain marihuana without the authority to obtain it.
There are --
Justice Abe Fortas: There is nothing except this tax law that prohibits it.
You're saying on the one hand that the tax law is sort of a joke and on the other hand, you're saying that man who violates it commits a criminal offense.
Mr. Philip A. Lacovara: Well, I don't suggest --
Justice Abe Fortas: But I don't, is there anything else other than the violation of the tax law that is involved here?
We say this tax law doesn't exist if we look at it as if it didn't exist here didn't mean what it says wasn't counsel in the preceding case correct that we -- what you're really doing is asking us to write a criminal statute?
Mr. Philip A. Lacovara: No, Congress wrote the criminal statute.
We have cited in our brief both briefs the clear legislative history indicating that Congress did intend to achieve an absolute prohibition upon any transfers of marihuana except in what this Court in Sanchez called legitimate medicinal scientific and industrial channels.
Because there have been four dissents in Doremus and three dissents in Nigro about the ability of Congress to enact the complete prohibition on illicit transfers without using the tax power.
And I think it's important to know that there is no transfer tax under the Harrison Act and that was why the dissents in those two cases had set Congress, there's no legitimate relation between an attempt to distinguish law from unlawful transactions.
Justice Byron R. White: Well, I certainly agree we're not talking about the Harrison law in this case.
So, it is different, isn't?
Mr. Philip A. Lacovara: That's right and that's why Congress indemonstrably trying to achieve the same result making it the crime to transfer marihuana.
Justice Byron R. White: But why didn't they just do it like the Harrison Act?
Mr. Philip A. Lacovara: Because of the -- then doubts about the constitutional power.
Justice Byron R. White: The same doubts in here and the Harrison law?
Mr. Philip A. Lacovara: No, sir.
In this situation, Congress imposed to taxes on the transfer of marihuana.
There were no taxes on the transfer of narcotics and there still are not.
Justice Thurgood Marshall: What is this?
Is this really a tax or fine?
Mr. Philip A. Lacovara: I would call it a prohibitory tax as the constitutional doctrine is developed on that.
But it's a tax which is designed to end a certain sort of conduct like the selling of state bank notes or the sale of yellow audio margin.
Justice Thurgood Marshall: Will have the same effect as the fine.
Mr. Philip A. Lacovara: Not a fine, it's a deterrent rather than a fine principally.
Justice Thurgood Marshall: Well, I'm fined for the purpose of deterrent?
Mr. Philip A. Lacovara: Well, all criminal statutes we can say both deterrent and cumulative.
Justice Thurgood Marshall: Well, as I understand you this can view this never comes up until after you violate it then they file a civil suit to collect the fine.
Mr. Philip A. Lacovara: No, to collect the tax.
Justice Thurgood Marshall: Well, the word.
Mr. Philip A. Lacovara: It's a civil suit rather than a forfeiture proceeding in form.
And when we say, "it comes up only after you violate the law," we're talking only about a transfer set by definition or illegal.
The tax is due and payable and it's paid at the time the transfer or the time of applying order forms for lawful transactions.
I think that we shouldn't lose sight of the fact either that the regulations which the Court has frequently held especially when dating from the time of enactment and when promulgated by the agencies which are to give life to a statute as in this case have from within two months after the passage of the Marihuana Act clearly indicated exactly what Congress was intending.
The regulations that were promulgated on this point under the Marihuana Tax Act are identical to the regulations under the Harrison Act.
And they provide that only people who are lawfully registered can obtain the order forms for the lawful acquisition of marihuana.
Now, under the Marihuana Act, that is the time that the tax is to be paid by those who are lawfully entitled to obtain marihuana.
Where counsel in the previous case suggested that this was ingenious and noble construction that the Government invented only after Grosso and Marchetti and Haynes suggested that there are constitutional difficulties with this statute.
These regulations date from 1937 longer for there was any suggestion that statutes which operate even differently as the wagering and firearms statutes did involve Fifth Amendment problems.
This is by no means a noble inventive rejoinder there to recent constitutional development.
The administrative agencies with ample foundation in the legislative record including statements on the floor of the Congress and in the Committee Reports that this bill is designed to stamp out illicit marihuana transfers that it's designed to prevent marihuana from coming into the hands of those who would use it for smoking or for addiction.
With this type of legislative background, the Secretary of the Treasury promulgated regulations to effectuate that objective.
So that the only transfers of marihuana that can be made or transfers that are lawful or to lawful registrants who are complying with state law.
These are the only people who are expected to register, they're the only people who were allowed to register, they're the only people who file information returns, they're the only people whose names are listed in forms that will be made available to state and local investigating services.
People who would be in violation of state law if they handle marihuana are not allowed to get federal sanction for the transfer of marihuana.
They are not expected to register.
This Act as to that class of people stands as an absolute prohibition; that is what Congress understood, that is what the regulations make clear.
The standard for whether the privileges against self-incrimination prevents prosecution for violation of statute focuses on whether compliance with the statute would have presented real and substantial rather then imaginary hazards of self-incrimination.
Justice Abe Fortas: Well, if that were so then you would have to defend the statute, wouldn't you on some power -- constitutional power of the Congress rather than the taxing power?
Mr. Philip A. Lacovara: No, sir.
Justice Abe Fortas: In other words, what you're saying is that this taxing statute here is not in reality a tax statute, it's a prohibitory statute but that we should regard the taxing power as a constitutional basis for the congressional prohibition?
Mr. Philip A. Lacovara: No, sir.
Let me say that this case follows a fortiori from cases that this Court has already decided in Doremus, in Nigro, in Wong Sing, and Alston.
This Court upheld as a legitimate exercise of the tax power, the absolute band provided in the Harrison Act for transfers to non-registrants even though there is no tax even on the transfer of narcotics under the Harrison Act.
They said, "It was enough to say that these prohibitions were designed to keep the transfers above board where the commodity tax was subject to collection."
Justice Abe Fortas: But a while ago, you told us that Congress didn't follow the Harrison Act model here in order to avoid the frightful prospect presented by the fact that they were in dissents in Doremus.
Justice Thurgood Marshall: To make it clearer that this was a legitimate exercise of the tax power, they impose to transfer tax.
The legislative history is clear on this.
This is why they thought there would be absolutely no constitutional problem under the tax power because these transactions are subject to the taxing power.
They are subject to a tax and it was thought obvious that Congress in its exercise to the tax power can legitimately distinguish between types of taxable transactions and make determinations as to how the transactions must be carried on if at all.
But I would like to say that as the legislative history does relate because in the House Committee Report were, this was actually as the revenue bill originated in the House.
It was expressly stated that insofar as the tax power might be argued not to support a complete prohibition such as was being enacted.
The report states it is clear that the commerce power and the other powers of Congress for instance a power over the District of Columbia and the territories would also support this.
I might point out that we have today even a further support for a complete prohibition such as this and I think it standard constitutional doctrine that even if Congress misapprehends the power that it's relying and a statute is not ultra vires if there is some constitutional support even if it's not the clause that Congress relied on to sustain statute.
The United States is now a party to an international convention enforced with some 67 other states -- nation states which expressly obliges the United States to impose the maximum controls on heroin, opium, and marihuana.
We think that the interplay of all of these constitutional clauses is more than adequate authority to sustain the absolute prohibition on illicit transfers that Congress has enacted and the administrators have implemented.
There was also a claim made that this is a noble contention because it's inconsistent with what this -- with the Government has advised the Court or Congress in the past.
A petitioner in the Leary case cited our Sanchez brief which was the case in which the Court sustained the constitutionality of the $100.00 per ounce transfer tax in a civil assessment proceeding.
Nothing that we said in Sanchez it's in any way inconsistent with what we say here.
The two sentences quoted in the reply brief upon behalf of petitioner in Leary are in the course of a discussion in which we said Congress went beyond what it had done in the Harrison Act.
And the Harrison Act, it had simply enacted a direct prohibition unrelated to the tax power.
In this Act, the Marihuana Act, we said in Sanchez and the Court ultimately agreed that it was constitutional to do it this way.
Congress didn't fashion a direct prohibition without more.
It went beyond this and as we said in the language which I believe is quoted in their brief -- reply brief, Congress did more in addition to achieve in that same effect it also provided that there would revenue raised through the course of transferring marihuana.
And for that reason as I suggested before, the controls that were imposed on the transfer of marihuana we thought to be valid a fortiori from those that have been sustained albeit by divided courts in Doremus and Alston, Webb, Wong Sing, and Nigro.
The same thing is true with respect to the memorandum by the treasury in relating to the Guam Organic Act all that recognize.
I think that's quoted in the amicus brief filed on behalf for the American Civil Liberties Union.
That memorandum reflects that the Marihuana Tax Act is not a complete prohibition on the transfer of marihuana as it is not because there are still lawful uses for marihuana at least in the United States.
It is still possible to deal in marihuana lawfully.
The treasury memorandum said, "There are no lawfully uses for marihuana in Guam," there isn't any research being conducted, it's not grown for hand purposes.
So, rather than preserved the possibility of some legitimate dealings in marihuana in Guam where it's unnecessary, we will substitute for it a direct categorical prohibition so that no one in Guam can lawfully deal in marihuana.
In the United States, that is not true and in fact there are approximately 90 federal registrants who having complied with state requirements for handling marihuana are eligible to register under the Federal Act and can lawfully transfer marihuana upon payment of the $1.00 an ounce transfer tax.
The essence of all of this is that as the Act was drafted with the clear objective of stamping out transfers to illegitimate addict and as the administrative agencies had consistently administered the Act.
There is no real problem of incrimination because those whose obtaining of marihuana would violate state law are not expected to come forward to register.
They're not allowed to register.
They're not expected to come forward to obtain order forms or to prepay the tax.
They will not be allowed to do this because Congress was not unlike the firearms case and unlike the wagering cases.
Congress was not willing to provide federal sanction for this type of conduct with the intent of exposing it to prosecution under state law.
The federal and state provisions in this area are in complete tandem only lawful dealers under state law can comply with the Federal Act.
Anyone who can't comply with state law cannot comply with the Federal Act.
So, we have federal enforcement power to reinforce as a matter of federal law the ban on the transfer of marihuana for smoking or addiction.
We suggest this is radically different from the wagering and firearms cases.
And that the reason that people don't comply with this statute is not there's any fear of incrimination, it is because they're not eligible to comply because there is a prohibitive tax that is imposed and a tax which Congress did not contemplate could be paid before the transaction took place.
I would like to save any remaining time for rebuttal.
Chief Justice Earl Warren: Mr. Davis.
Argument of William J. Davis
Mr. William J. Davis: Thank you.
Mr. Chief Justice and all of the members of the Court, I have not been admitted to the Supreme Court Bar and I would request that I be admitted for the purpose of this suit since I have been appointed by the Court to represent the indigent.
I hope to prefect my membership that --
Chief Justice Earl Warren: (Voice Overlap) You may proceed on the argument of this case Mr. Davis.
Mr. William J. Davis: Thank you.
First, I want to apologize to the clerk's office and the Court for any problems arising in the -- my presentation of this case.
Probable cause was noted in October of 1968 and I was at that time notified that because of the Leary case was coming up at the same time it was desirable that this case be argued at the same time and I was asked if I could meet the deadline.
I was reluctant to try to meet the deadline because I am somewhat of anachronism I run a one-man law office and I -- however, felt the importance of this case and I took, almost took on more than like two.
I – we manage -- did manage to get in a brief and it is a brief, brief.
I do not apologize for the brevity of the brief but I do apologize for the small print because like my Texas colleague yesterday I'd like to say that the brief only cost about $1.10 a copy.
So, we did save some money but it might have to be use with microscope in order to read, the print it is so small.
It is my hope that I can amend for this in my oral presentation of this case.
Now, the Covington case which is before you delineates the very shocking the question of the tax because as the Government admits and I was of course counsel below as the Government admits, we interpose our objection to the statute in the time of the matter.
My client was indicted on or about August well in September of 1967 or sometime thereafter and the indictment read as follows, "United States of America versus Henry Preston Covington that on or about August 11, 1967 within the Eastern District of the Southern District of Ohio, Henry Preston Covington being a transferee of marihuana required to pay the tax imposed by Title 26, United States Code Section 4741 (a) did acquire and obtain approximately 737.1 grams of marihuana without having paid such tax period in violation of 26 United States Code 4744 (a) (1)."
To this indictment, we interpose a motion to dismiss the indictment on the grounds that the statute compel -- would compel the defendant to incriminate himself.
We had -- this was not accidental that we raise this.
We have been following the Costello case as in the gambling cases in the Advance Sheets and we were waiting for the decisions to be reached.
Unfortunately for us, the decisions were reached before the indict -- before we had to answer the indictment and when the, not only because when the cases came out, Haynes, Marchetti, and Grosso and the same volume of the law editions we relied on these cases to meet this.
So, to answer to Mr. Justice Stewart's question of yesterday as to the time of the case, our case did come after Haynes, Marchetti and Grosso so that would be no problem of retroactivity if the Court desire to follow its decisions in those cases.
Of course, one of the things that impelled us to make the objection to the statute and I think one of the things that influenced the federal judge, Judge Joseph P. Kinneary in sustaining our motion was the dissent of the Chief Justice in the Grosso case in which he said that, "I apprehended the Court by a necessarily sweeping within its constitutional requirements, the registration requirements within its constitutional holding the registration requirements of 4412 is opening a door to a new waive of a tax on a number of federal registration statutes wherever the registration requirement touches upon allegedly illegal activities.
And of course the 4722, those engaged in dealing in narcotic drugs 4753, those who deal in marihuana were included in the Chief Justice's enumeration of the statutes which might be affected by this decision.
We realize of course that Chief Justice which this time was concerned about the effect that these decisions had on the power to tax and we of course would share that concern.
However, it's no question about that these decisions did open the door.
And we're trying to get in it.
Might I say that insofar as civil liability is concerned and I might say this reference to the questions that have been asked by Mr. Justice Fortas and Mr. Justice Stewart, the -- I'm sorry, White.
This law is no joke to my client.
My client was served a notice by a narcotic agent and the notice was directed to him to Henry Preston Covington and it says this is from a narcotic agent Jack Elloy in Ohio in case in Ohio 782M which is either his narcotic case file number or the Internal Revenue file number.
"It has been reported to the undersigned officially that on or about 11 day of August 1967 at Columbus Ohio and Eastern Division, Southern District of Ohio you were found with a quantity of marihuana in your possession and under your control.
Accordingly, and in pursuant to the provisions of Section 4744, the Internal Revenue Code of 1954, I hereby demand that within eight days from the service hereof upon you, you produce at my office in room 1045 in the Federal Office building Cleveland, Ohio a copy of the official order form" that's in caps "required by Section 4742 of the Internal Revenue Code of 1954 to be retained by you under and by virtue of which said marihuana was transferred to and applied by you.
You are further notified that your failure to comply herewith within the period specified will render you liable for the transfer of taxes imposed by Section 4741 of the Internal Revenue Code of 1954 and will establish presumptively that you acquired and obtained said marihuana unlawfully without having paid such taxes."
So, contrary to the Government's argument that this is a lot of more lucky, these people are following this statute.
It is a tax statute and they are observing it as such.
Justice Abe Fortas: Mr. Davis, is what you just read to us in the record before us?
Mr. William J. Davis: No, sir.
I refer to it in my brief, in my brief, brief but I don't believe I attest a copy of this.
I might have attest a copy in the record.
Justice Abe Fortas: There's a copy of the -- you're reading from an official notice?
Mr. William J. Davis: Yes, sir.
Justice Abe Fortas: Is copy of that available?
Mr. William J. Davis: I'll -- I'll leave the original.
It appears to be a copy of an original.
I can leave it with the Court and I think perhaps since the Government's argument is taking the turn that it is that this should be by the record, if it's not all ready I referred to it in my brief.
I did not realize we will get in to the argument of civil liability.
And in addition, I have --
Chief Justice Earl Warren: Can you may -- you may leave it with the Court if you please and if counsel has response to it they may make it.
Mr. William J. Davis: Yes, thank you sir.
In addition, my client has been served with a Form 17 from the Internal Revenue office dated at Cincinnati Ohio the District dated October 11, 1967 notifying him that he has been taxed a reference and date Number 4 Marihuana that the assessment is $2,900.00 and that is -- it's a $2.75 special tax and there is 28 cents interest and the total tax due is $2,903.03.
So, this is no joke to my client because in addition he had a --
Justice Hugo L. Black: Is that in the record?
Mr. William J. Davis: No, sir.
That is not in the record at all.
I didn't mention it in the record.
Justice Hugo L. Black: What's in the record?
Mr. William J. Davis: Sir?
Justice Hugo L. Black: It's rather difficult to take things if not in the record.
What is in the record?
Mr. William J. Davis: Just the fact that this order was -- that this order was served on him, the order from the Internal Revenue or from the narcotic agent notifying him that he should comply with the statute.
Justice Hugo L. Black: Official notice of him, I don't --
Mr. William J. Davis: Sir?
Justice Hugo L. Black: It might be possible to take the judicial knowledge of them?
Mr. William J. Davis: Yes, this is an official notice and --
Justice Hugo L. Black: Did the government argue below the same point of civil liability that it argued in this Court?
Mr. William J. Davis: I -- we, -- the case below was decided on memorandum solely and I do not recall a civil liability being raised in the memorandum.
It was the memorandum below of the government was primarily on this question of the administrative construction of this Act to the effect that no person who was illegally engaged in the transfer of marihuana could obtain an order form but there was no question of civil liability.
Of course, these are things outside the record, In addition, my client's car was impounded 66, 65 Buick.
So, it's very real, this man is very real that him and because the impounding of the car was not under the statute.
So, it's a very real to him.
Now, we feel therefore that we are strictly following judicial precedent and we feel the Court -- the lower court, District Court took a forthright stand and we feel that Haynes, Grosso, and Marchetti required that the striking down of the statutory scheme such as this which constructs a federal crime upon failure to make a compelled disclosure of activity clearly criminal and even though it's in a tax or in a statute.
We -- we note that the Haynes, Grosso, Marchetti decisions merely extended the Albertson decision which struck down a registration oriented criminal statute which the two purpose was to direct it to a selective group inherently suspect of criminal activities.
Again, we emphasize the fact that our case came after the Haynes, Grosso and Marchetti case.
I might also indicate one of the statements that was made by a federal judge below.
After the judge had struck down the statute and construed the statute to be unconstitutional as applied to this defendant, Covington, the Government again asked for reconsideration.
And on reconsideration, it emphasizes argument that this man could've obtained the narcotic and therefore the tax doesn't apply to him.
The court below rule made an alternative ruling in addition to ruling that that the statute compelled self-incrimination.
The court answered the Government's argument in the following manner and he said, "The memorandum filed in support of this motion submits that a person who is a transferee of marihuana in violation of state laws will not be issued an order form for marihuana.
It is asserted this reads the statute of any trace of unconstitutionality."
This Court did not decide that the marihuana taxing provision are in themselves unconstitutionally.
It merely determined that as applied to this defendant, they would be unconstitutional.
If the defendant had no obligation to pay the tax and obtain an order form, the United States had no basis on which to seek an indictment.
The Court does not agree that Section 4744, the statute under which this defendant was indicted is now an absolute prohibition.
Section 4744 is based explicitly on Section 4741 (a).
If 4741 (a) is not applicable to the defendant, then there is no basis for the indictment.
Therefore, in any event the indictment should be dismissed.
We feel that this is a commendable construction of the answer to the Government's argument.
And we feel that it is too late now for laws to be change by administrative fiat.
Normally, the administrator is trying to read more things into the law.
Here, in this case, the Government is trying to read something out of the law.
This law says, "all persons" and we feel therefore that this law compels incrimination insofar as Covington was concerned and that as to him it was an unconstitutional attempt to compel him to incriminate himself.
Thank you.
I would defer I think they have some time left to my colleague Mr. Haft.
Chief Justice Earl Warren: Yes.
Mr. Haft.
Argument of Robert J. Haft
Mr. Robert J. Haft: Thank you Mr. Chief Justice, may it please the Court.
Counsel for the Government has relied upon the regulation as something it has -- is in support of the consistent administrative of construction since 1937 that the Government does not accept the $100.00 tax.
Now, the regulations are part of the Government's brief in the Leary matter and I believe in Covington as well starting on page 58.
These regulations states starting with the first one, the tax applies to every transfer and that's put in the regulation since 1937.
Amount of tax where they transfers to a taxable person who was duly registered and paid the special tax, the transfer tax is at the rate of a dollar per ounce of fraction thereof.
If the transfers to be to a person was not registered and paid the special tax under this Act, tax at the rate of $100.00 per ounce of fraction thereof is due.
That's in the 19 -- regulation since 1937.
On page 59 of the Government's appendix, this is 59 of their brief, again in the regulations it states that on the order form the application shall show that transferee's name, address, and if registered, the registration number so that the order form regulation since 1937 has contemplated a non-registrant applying for an order form.
Now, what is there in the regulations of the Government does rely on?
They rely on the signature and comparison regulations, the only thing and either the statute, the legislative history or any place that says anything about a registration is tied in with the order form.
Now, in the signature and comparison regulations, it does state that the Internal Revenue District is to take an application for an order form and compare the signature on that application with the list of registrant's signatures which are on file.
That is those that paid their occupational tax.
Now, that's all the Government can hang their head on and I think that that is easily explained.
That is if you want to commend with an application for an order form and pay a dollar an ounce tax, the way that you prove that all you have to pay is a dollar an ounce is by signing and showing that you are a registrant to what comparing it to your signature on file and that is consistent.
Those regulations with the dollar an ounce tax claim and if the comparison does not show up in the Internal Revenue District, you got to pay the $100.00 an ounce tax.
That's all and is in this so-called 1937 to date consistent construction by the Government and plenty against it.
In connection with this rather subtle point that you can't prepay the tax and that all and unlawful possess it can do is post pay the tax and go to jail.
I mean that's really what the Government is saying.
The statutes themselves expressly provide to the contrary.
The 4741 which imposes the tax in subdivision (b) and (a) imposes the rate a dollar and $100.00 and in (b) by whom pay such tax and now without any distinction between the dollar and a hundred search tax shall be paid by the transferee at that time of securing each order form and shall be in addition to the price of the form.
It's very clear that tax payment both the dollar and a hundred is contemplated at the time you go to the Secretary of that Treasury and get you order form.
The order form again, it sometime pays to look at the plain statute in what it says in light of the sophisticated argument.
The order form requirement 4742 says, "It shall be unlawful for any person whether or not required to pay a special tax and to register to transfer marihuana.
And the tax is -- the $100.00 tax is upon each transfer to any person who has not paid the special tax and register."
It's all embracing, the statute says, it is to be paid at the time you get your order form.
The order form speaks prospectively in subsection (c) of the order form requirement 4742.
It talks about the name and address of the proposed vendor and proposed vendee.
So that you are suppose to legitimatize your transaction beforehand by paying your tax and securing your order form.
This is on the face of the statute.
The regulation's reiterate this position.
The crime, it is interesting is in 4744 and it says, "It's unlawful for any person who is a transferee required to pay the transfer tax imposed by 4741 to acquire marihuana without having paid such tax."
Again, very clear that the tax is to be paid prior to the transaction and it's expressly contemplated by the statute.
I thank the Court.
Chief Justice Earl Warren: Mr. Lacovara.
Rebuttal of Philip A. Lacovara
Mr. Philip A. Lacovara: Mr. Chief Justice, in answer to the question that you asked Mr. Davis, the Government did argue that and cert that transfers of -- illicit transfers of marihuana are taxable civilly.
On page 17, of the buff colored appendix where in pertinent part are motion for reconsideration in the District Court is set forth footnote 3 says after saying that it's impossible to prepay the tax and to obtain an order form if the perspective transferee is a non-registrant.
Of course, the Government is not foreclosed in collecting the $100.00 tax after it has been established that a transfer was made to an unregistered person.
Justice Potter Stewart: How did the figure get up to the rather dizzy heights that were and that was given to us by counsel some like $2,900.00 or --
Mr. Philip A. Lacovara: Well, there are 737 grams which is approximately 29 ounces of marihuana.
Justice Potter Stewart: 29 ounces, $2900.00 I see.
Mr. Philip A. Lacovara: I'm not sure what the $2.75
Justice Potter Stewart: But then there was only 8 cents interest or 28 cents interest?
Mr. Philip A. Lacovara: Well, that's because the demand apparently --
Justice Potter Stewart: Was just a matter of days?
Mr. Philip A. Lacovara: Just a matter of days.
I think the indictment says the transaction took place on August 11 and the indictment was returned in November, so it's a matter of few days.
Chief Justice Earl Warren: Mr. Lacovara, do you have any objection to the two documents that that counsel pointed out to us?
Mr. Philip A. Lacovara: As far as I know Your Honor, I do not.
I believe the demand form that is referring to is a standard demand for production which triggers the penal provisions of Section 4744.
It is provided for in the statute like this.
Chief Justice Earl Warren: But then you may provide both of them to the Court Mr. Davis.
Mr. Philip A. Lacovara: I think it's important to turn to the contention that the regulations and the statute themselves belie the Government's contention.
Counsel for Mr. Leary has just said that the only thing we have is a statement in the regulations at the signatures on the application for registration.
And the signature on the application for order forms will be compared but that that's only designed to make sure that people aren't evading the $100.00 tax in trying to bring themselves under the $1.00 per ounce tax.
I think if the Court looks at the regulation, it will see that it is much more expressed.
Regulation 26 CFR 152.68 which is set forth on page 60 of the Leary brief, after saying that upon receipt of the application for an order form the district director will compare it with the signature appearing on the application for registration.
It then says unless the district director is satisfied that the application is authentic, it will not be honored.
Now, we can see no other reasonable construction of this regulation and that the signature is the authentic signature of the registrant.
The order form will -- the application for an order form will not be honored unless it has been submitted by someone who is duly registered.
Counselor also points to the provision dealing with application for order forms, he, I think misspoke inadvertently when he said that the order form is to contain the name of the transferee if registered.
It's the application for the order form, its 26 CFR 152.66.
Justice Abe Fortas: Can somebody apply for him and obtain the $100.00 -- go in and pay the $100.00 tax in applying for him and obtain the permit with assurance that the information listed will not be used either to institute a criminal investigation or as evidence in a criminal prosecution?
Mr. Philip A. Lacovara: No, he cannot come in and pay the $100.00 transfer tax at all.
The district director would be behaving in contravention of the treasury regulations if he accept the tax and issue the order forms.
The regulations expressly forbid him to issue an --
Justice Abe Fortas: Well, apart from that suppose where the -- somebody could take a -- could issue a permit to $100.00 upon payment of a $100.00 tax in a proper case?
Mr. Philip A. Lacovara: No, sir.
It's our contention that order forms are not available to any non-registrants.
Only non-registrants are subject to the $100.00 tax.
So, that in operation since 1937, no one has and no one can pay prepay the $100.00.
Justice Abe Fortas: So, the money that's been collected -- has been collected and on the $100.00 tax has been collected in the absence of the insurance of an order form?
Mr. Philip A. Lacovara: That's right.
After the transfer, the illicit transfer has taken place.
Justice Abe Fortas: And what you're asking us to do is to go along with this -- what shall I call it?
Well, I won't --
Mr. Philip A. Lacovara: I would call it consistent administration --
Justice Abe Fortas: (Voice Overlap) We'll go along with this straight statutory scheme that you say should be read as saying, "Thou shalt not?"
Mr. Philip A. Lacovara: That's essentially our argument that we say it's been interpreted that way for 30 years.
It also has the incidental virtue which is by no means a post talk rationalization in light for the third year history of avoiding not insubstantial constitutional doubts and normally, the Court will interpret statutes if fairly possible as we think the administrative construction and the reports make more than fairly possible.
To avoid constitutional doubts, it's a noble doctrine that the contention --
Justice Abe Fortas: It's a little difficult to think of something where the Court has -- the party is quite as far as you're suggesting from the language of the statute?
Mr. Philip A. Lacovara: Well, we're dealing in a noble area Mr. Justice.
In Marchetti and Grosso, we talked about substantial hazards of incrimination.
We say that under this statute there are no substantial hazards of incrimination whether the regulations are ultra vires, we contend they're not.
But even if they are, for 30 years, there has been no substantial hazard of incrimination because no one has been expected to come forward and make a disclosure which could be incriminatory.
Justice Potter Stewart: What if they -- what if the defendant sued the Government who has refused in order form sued this Government for an injunction?
Mr. Philip A. Lacovara: I think that would raise the question whether the regulations are ultra vires.
But no one has ever done that.
Justice Potter Stewart: Well, how would the question be answer though?
Mr. Philip A. Lacovara: We would be prepared to --
Justice Potter Stewart: How could you possibly refuse somebody to order form who came in and said, "I want the money.
I want the order form and I want to transfer some narcotics" and the Act says, "I can get"?
Mr. Philip A. Lacovara: Our contention is that the Act does not say that that Congress didn't mean that and the --
Justice Byron R. White: You mean a fellow may not waive his privilege against self-incrimination?
Mr. Philip A. Lacovara: That's right.
Congress has provided a direct -- Congress has provided a direct prohibition upon his acquisition of marihuana for a man can't commit murder by coming in to the Government saying, "I'm going to tell you about it, but I want to commit murder."
Well, Congress outlawed the acquisition of marihuana and even if the individual wanted to come forward and waive his privilege, Congress has said that he is just not eligible to engage in marihuana transactions without more.
Justice Byron R. White: But you have -- you do have to go just exactly that far.
Mr. Philip A. Lacovara: Yes, sir.
Chief Justice Earl Warren: Very well.


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text:
Putnam Valley, NY. (July 11, 2012) A research team in the United Kingdom has found that insulin-like growth factor (IGF1) impacts cell transplantation of photoreceptor precursors by manipulating the retinal recipient microenvironment, enabling better migration and integration of the cells into the adult mouse retina.
Their study is published in the current issue of Cell Transplantation (21:5), now freely available on-line at http://www.ingentaconnect.com/content/cog/ct/.
"Photoreceptor death is an irreversible process and represents one of the largest causes of untreatable blindness in the developed world," said Dr. Rachael A. Pearson, study co-author and a member of the Department of Genetics, University College London Institute of Ophthalmology. "Stem cell replacement therapy offers a novel strategy for retinal repair, but since it is likely that a large number of cells would be needed to restore vision, enhancement of the process is needed."
In this study, the researchers used adeno-associated viral vectors (AAVs) to introduce three growth factors previously reported to play a role in photoreceptor development - IGF1, fibroblast growth factor (FGF2) and ciliary neurotrophic factor (CNTF) - into the retinas of adult mice. At three weeks post-transplantation, the number of integrated, differentiated photoreceptor cells present in the growth factor-treated retinas was compared to the untreated controls.
The researchers noted that all three growth factors are present during retinal development and all have been shown to affect photoreceptor differentiation. FGF2 has been shown to have varying effects based on the development stage of the cells to which it is applied. In addition, recent studies have shown that CNTF "acts transiently to suppress photoreceptor differentiation."
"AAV mediated expression of IGF1 led to significantly increased levels of cell i
|Contact: David Eve
Cell Transplantation Center of Excellence for Aging and Brain Repair


text:
Desktop and Mobile Application Programmer
India - Last active: 2 days ago - Tests: 3 - Portfolio: 10
I am trainer turned developer with 6+ years experience in software development and 3 years experience in teaching in high school computer and mathematics subject. I worked with almost all software farms in my city. I have experienced different programming languages such as VB.net, C#.net, ASP.net, Java,JSP, php,etc. 60% of my projects are using Vb.net . I also have core knowledge of SQL Server, MySQL . I have also worked with MS Access DB , Oracle, PGSql. I love to accept challenges and complete it. Time is a great factor for me. I want to develop websites, application, database queries that challenges me.
- Microsoft Visual Studio
- Visual Basic
- JavaScript
- Java
- Web design
- Internet Information Services (IIS)
- NetBeans
- Eclipse
- MySQL Administration
- Microsoft Access Administration
- Oracle database
- Inventory Management
- Account Management
- Core Java
- Qt
- Android App Development
- Symbian Development
- Adobe Photoshop
- Adobe Flash
- Adobe Dreamweaver
- Autodesk Maya
- Financial Accounting
- Accounting
- Microsoft Word
- Microsoft Excel
- Microsoft PowerPoint
- Adobe PDF
- Data mining
- Web scraping
- iTextSharp
- Telerik
- database programming
- SAP Crystal Reports
- report writing
- Intuit QuickBooks
- PDF Conversion
- Microsoft Exchange Server
- Installer Development
- InstallShield
Groups: Application Developers Alliance
Digital Media Artist | Systems Administrator | USA
United States - Last active: 16 days ago - Tests: 5 - Portfolio: 12
3D Profile: 3D Rendering Artist and Animation Specialist with over 12 years of professional experience specializing in high-quality, photo-realistic rendering and animations of architecture, products, and logos. High proficiency in 3DS-Max, V-RAY/Mental Ray, Photoshop and After Effects. Portfolio included in profile. ------------------------------------------- System Administrator: Information Technology professional with over 8 years professional experience in the industry helping organizations succeed by improving their information processes efficiency, availability, performance, security, and reducing infrastructure operating costs. Strong expertise on Windows Systems and VMware Systems Administration, Design, Implementation, Migration and Engineering Support over Physical and Virtual IT Infrastructures, and optimization of the IT infrastructure to consistently achieve high availability and performance. Expertise in: Systems Administration (Server 2003/08, AD/DNS/DHCP/WSUS/WDS/VPN) Desktop Support (MCITP Win7, extensive experience with XP/Vista/MacOSx 10.2-10.8) Mail Administration (Exchange 2003/07/10, filtering w/Forefront/MXLogic) Firewalls Configurations/Routing/Policies (Sonicwall/Cisco - VPN/Tunnels) Certifications MCITP Enterprise Desktop Administrator MCSA MCTS CompTIA A+ ------------------------------------------- Digital Media specialist with over 4 years experience in Photo Retouching, Digital Editing, Graphic Design, and Compositing special effects.
- Autodesk 3D Studio Max
- V-Ray
- Adobe Photoshop
- Adobe After Effects
- Autodesk
- Autodesk Maya
- Microsoft Exchange Server
- Network Administration
- Network Security
- Network Planning
- virus removal
- Firewall
- Cisco ASA
- cisco routers
- Operating Systems Development
- Data Backup
- Windows Administration
- Disaster recovery
- Video editing
WebGL developer and Software Engineer with VR experience
United States - Last active: 8 days ago - Tests: 4
My recent work (read: the past 3+ years) has been entirely based in webGL - mostly with 3D models and environments, but also some particle effects. I can work in a number of languages however - and am most familiar with C, C++, GLSL, Java, Python, PHP and Javascript. As a web designer I'm familiar with WebGL implementations, e-commerce, and mySQL database work. I was most recently employed by a virtual reality lab before cuts in funding terminated my position. While there I worked with an accelerometer-based glove apparatus, learned about VR theory and methods of application, worked with a unity-like engine, and modeled in 3DStudioMax and Maya. I was also involved the various upkeep and troubleshooting needs of a VR-capable network of nodes and projectors.
Power of web video
India - Last active: 1 day ago - Tests: 1 - Portfolio: 6
Over the last 5 years, I have developed a wide range of video using Flash , After effect , Maya , Premier, Photoshop and Power Point including video for startup companies and small businesses. My core competency lies in complete end-end management of a new web Video Project, and I am seeking opportunities to build web video from the ground up for you or your business.
3D Modeller
United Kingdom - Last active: 18 hours ago - Tests: 2 - Portfolio: 9
I'm currently a student at DJCAD (Duncan of Jordanstone College of Art and Design) doing an animation course and have been learning 3D for the past year. Before being accepted into DJCAD I got my HND in Design. I've learned most of the fundamentals within Maya and have moved on to creating assets using Zbrush as well. I have experience with unwrapping and texturing of 3D assets using Zbrush/Photoshop and can create hard surface and organic geometry as well. Other skills I have include, editing (Adobe Premiere) and animation within Adobe Flash To check out some of my work go to isleinthesky.com
Web Design, Video Editing, 3D Modeling & Animation, Architectural Desi
India - Last active: 05/18/2013 - Tests: 4 - Portfolio: 22
In past 3 years we have developed exquisite Web designs, 3D models and Architectural Designs. We have a knowledge of Graphic design, ASP.NET, HTML, DHTML, PHP, JAVA. Our primary objective is to make our client satisfied by providing it appealing designs in the specified time so that we may able to develop a long term relationship in means of business. Our work is to develop a good clientale for long time
Amol Bharmoria
India - Last active: 17 days ago - Tests: 6 - Portfolio: 6
I believe in analytical skills more than the knowledge of different technologies. My ANALYTICAL SKILLS and ATTENTION to detail differentiate me from others. I am a full stack web developer and my experience goes as follow. • 2 years of experience in various online languages and technologies such as PHP, CodeIgniter, Kohana, Ruby On Rails, Wordpress, Magento, Abantecart, HTML5, MySQL, JQuery and CSS3. • Web Designing in Photoshop. Quick logo and banner designs. • Experience working in Android-App Development and Phone Gap. • 3D Modelling in UNITY 3D and MAYA animation softwares. • Working experience in developing desktop applications using Java Swings and JDBC. • Working knowledge of Struts Framework J2EE. I am a fast competent learner with a very strong skill set. Once the requirements for the job are clear I can work on ANY project until its successfully completed. A happy satisfied client is the goal and I will make sure I provide the best service you can get! -amol.bharmoria
Associated with: Loony Game Studio
SEO Expert with HTML and PHP knowledge
Philippines - Last active: 05/20/2012 - Tests: 6 - Portfolio: 3
I am looking for a position, which will allow me to use my excellent SEO skills and where my educational background will be put to best use. I have been writing blog articles and commenting on blog and forums for the past 4 years, but I know for myself that its not enough to become successful, for now my objective is to explore more beyond my limits and to be more efficient. I also have good skills in link building, networking, Windows Administration, WordPress Installation, Theme editing,PHP,HTML, Forum Profile Creation, Bookmarking, and Directory Submission.
Web and Software Development Expert
Bangladesh - Last active: 18 hours ago - Tests: 8 - Portfolio: 2
Time is money and I can save you both. My extensive work history includes nearly 5 years of customer service experience in retail, call center and manufacturing environments. My proficiency in both MS Word and Excel is superb, coupled with a typing speed of nearly 70 wpm at near perfect accuracy, I am a data entry dynamo. My Elance tested skills back up these claims. Internet savvy, and a self professed nerd I love to devour new information. I am a tenacious researcher. I have exceptional organizational skills and an eye for detail that is tough to rival.
Graphic, Logo,Vector, Magazine, cover, T-shirt Designer & 3D Designer
India - Last active: 12/06/2013 - Tests: 5 - Portfolio: 18
I m a full time freelancer, your project is always my priority. My favorite tools as a designer are Adobe software family: Photoshop, Illustrator and Indesign. Customer satisfaction is crucial for me; an excellent feedback makes my day. I never bite more than I can chew, I only bid on projects that I can deliver 100%, and never take more projects at the same time. Enough speaking about myself, I will let my clients speak about me so please take a look at my feedback's. Thank you.
- Graphic design
- Web design
- Illustration
- Print design
- 3D Modeling
- 2D Animation
- Autodesk Maya
- Autodesk 3D Studio Max
Associated with: VENTUG IT SOLUTIONS


text:
Magnusson v. Ocwen Loan Servicing et al
|Sharon Magnusson
|Ocwen Loan Servicing, Nationstar Mortgage and Cenlar Federal Savings Bank
|Case Number:
|March 5, 2014
|Utah District Court
|Central Office
|Salt Lake
|Presiding Judge:
|Paul M. Warner
|Nature of Suit:
|Contract: Other
|Cause of Action:
|28:1332 Diversity-Breach of Contract
|Jury Demanded By:
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed
|Document Text
|August 7, 2014
|MEMORANDUM DECISION AND ORDER granting in part and denying in part 27 Motion for Judicial Notice. Signed by Magistrate Judge Dustin B. Pead on 8/7/14 (alt)
|August 21, 2014
|MEMORANDUM DECISION AND ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS; adopting Report and Recommendations (denying) re 8 Motion for Default Judgment; adopting Report and Recommendations (granting) re 10 Motion to Dismiss for Failure to State a Claim - all claims against Cenlar Federal Savings Bank are dismissed without prejudice. Signed by Judge David Nuffer on 8/21/14 (alt)
|November 24, 2014
|MEMORANDUM DECISION AND ORDER denying 40 Motion for Partial Summary Judgment; granting 45 Motion to Defer Ruling. Signed by Magistrate Judge Dustin B. Pead on 11/24/14 (alt)
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Majestic Youth Replica Washington Nationals Bryce Harper #34 Home White Jersey
Product Information:
Your little slugger can be on top of their game when they wear the Majestic® Washington Nationals Bryce Harper #34 Home Jersey. With authentic decoration and trim, this jersey features the Nats logo on chest, and Harper's name and #34 on back. Designed to replicate the on-field look of the pros, this jersey will have them cheering on the Nats like never before every time they put on the Majestic® Bryce Harper #34 Jersey.
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- Fabric: 100% polyester
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Country of Origin: ImportedWeb ID: 30071416


text:
Juvenile Arthritis Center - Santa Clara, CA
Santa Clara Pediatric Rheumatologist Doctors for Juvenile Arthritis
Type of Physician: Pediatric Rheumatologist
What is a Pediatric Rheumatologist?
A subspecialty certification by the Board of Pediatrics; practitioners treat the infant, child, or adolescent with rheumatic disease (causing painful disability in the muscles, tendons, bones, joints or nerves). He or she also participates in the prevention, understanding, and treatment of the various rheumatic disorders and also promotes understanding of the basic mechanisms of the disease in the interrelated areas of immunology, genetics, inflammation, and infectious diseases.
Specialty: Pediatric Rheumatology
Common Name:
Pediatric Rheumatologist Doctors in Santa Clara *
UCSF Pediatric Specialties Prct
UCSF Pediatric Specialties Prct
UCSF Pediatric Specialties Prct
University Of Cal Davs Med Grp
Santa Clara, California
Juvenile Idiopathic Arthritis (Juvenile Rheumatoid Arthritis)
Juvenile idiopathic arthritis (JIA) facts
Read the Juvenile Idiopathic Arthritis (Juvenile Rheumatoid Arthritis) article »
Other Related Juvenile Arthritis Articles
Emergency Contact for Santa Clara
Nearby Santa Clara Hospitals *
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*Provider Directory Terms of Use:
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text:
By Kyle Lovern
RED JACKET – The Mingo Central Miners swept past the Herbert Hoover Huskies 64-40 on Thursday night at the MCHS gym.
It made a season sweep of the Huskies for the Miners in Cardinal Conference play.
Mingo Central coach Brad Napier experimented with his starting lineup and played several different combinations in the game.
He also premiered a 1-3-1 zone defense with long-armed newcomer Dikembe Dixson up on the top.
"I wanted to have a different starting lineup and use some different combinations," Napier said. He wants to develop some depth heading into the home stretch of the regular season as teams head toward the sectional tournament.
"I thought our ball movement was much better," Napier said of his team's offense. The Miners shot 26-46 from the floor for 57 percent. "We had 18 assists, which shows we were moving the ball around."
"I also thought our defense was good. Herbert Hoover shoots the ball well, but when you can hold them to 40 points, it shows we hustled on defense," Napier said. The zone defense helped cut down the passing zones of the Huskies, who still hung around in the early part of the game.
"I thought Chase Hatfield played well," Napier said of the senior guard.
The lone negative for the Miners was that once again they did not rebound the ball the way Napier and his staff wants them to. "That is something we need to work on," Napier added.
Mingo Central led 16-12 after one quarter of play and 30-24 at the half. They inched farther ahead in the third quarter building their lead to 41-30 heading into the final quarter.
The fourth quarter was also Mingo Central. The Miners went on a 15-0 run, starting off on a dunk by Dixson, followed up by a 3-pointer by Mallie May and a layup by Dixson. May then hit another trey, followed by a 3-pointer by Chase Hatfield and a breakaway steal and dunk by Alex "Booger" Lee. When all was said and done, Mingo Central built their lead to 58-33, before a technical was assessed on Dixson for hanging on the rim on another dunk attempt.
Napier argued the call because he felt Dixson was just trying to protect himself when the HHS player was underneath him. The two foul shots broke the run, but the Miners coasted to the win as the final seconds ticked off the clock.
Dixson led the Miners with 20 points, 7 rebounds and 5 assists, including 3 dunks. Lee had 13 points and 2 dunks. Chase Hatfield finished with 11 points, including three 3-pointers and Adam Dillon, who got a start, finished with 8 points.
The Miners made 7-19 from behind the arc, which helped balance out their inside-outside game.
Matt Justice led the Huskies with 20 points, while Hunter White chipped in 10.
Mingo Central, now 7-7 (4-4) was scheduled to make up a game on Saturday night at Tolsia.
Score by quarters:
Herbert Hoover (40) – White 10, Justice 20, Burgess 3, Holbrook 3 and Wood 2.
Mingo Central (64) – Hammond 2, D. Hatfield 1, Lee 13, Hatcher 0, Dillon 8, C. Hatfield 11, Dixson 20, Joplin 0 and Endicott 3.
(Kyle Lovern is the Sports Editor for the Williamson Daily News. He can be contacted at email@example.com or at 304-235-4242, ext. 33 or Twitter @KyleLovern)


text:
FMLY Fest assembles dozens of musicians for DIY weekend
By Emily Eveland
Hollow Boys embrace the dark on third album
By Sarah Stanley-Ayre
10 Thousand Sounds 2014: Behind the bands
By CP Staff
Black Market Brass delivers hip-shaking funk rhythms
By Zach McCormick
For the Love brings hip-hop festivities to Lowertown
By Jack Spencer
Kitty Cat Klub hosts Tourniquet Noise series
By Sarah Stanley-Ayre
Max Gremillion steps into the spotlight
By Rob van Alstyne
The world of Howler's sophomore album
By Zach McCormick
These sorts of downturns are usually blamed on the absence of a commercial firestorm around an artist (a Bruce Springsteen, Michael Jackson, Madonna) or a movement (grunge) to pry open listeners' wallets. You could smell the industry hunger for such a phenomenon at a packed panel discussion titled "The New Wave of Electronica: Business from the Underground," where artists like Moby and Josh Wink and buzzers like Amy Finnerty (a producer of MTV's late-night techno show Amp) considered the question of Next-Big-Thingness. The loose and obvious consensus was that pop hybrids--with personalities, familiar song structures, and lyrics attached to the largely anonymous, amorphous flow of modern dance music--would be electronica's ticket into the mainstream, and that such hybrids were presently in short supply, Chemical Brothers and Prodigy notwithstanding.
While techno artists like Wink ponder a pop future, there was also discussion of pop artists opening their music up to techno's palette of beats, textures, and compositional tricks. Moby noted his current production work on, God help us, the upcoming Guns N' Roses record, pronouncing the band's experiments with sampling and looping "amazing."
In the clubs of Austin, electronica proved a mixed bag, as both venues and audiences warmed (or didn't) to the new kids on the block. By SXSW standards, this was totally new music--last year's event featured a total of one techno-oriented act, Finland's RimmeRadio (who played to an enthusiastic audience of about 25), and zero DJ acts. This year, keynote speaker Carl Perkins was preceded by the DJ team from Iceland's Gus Gus, and a couple dozen electronic acts attracted hordes of fans and press wobbling around in new cowboy boots. In this strange meeting you had Josh Wink, dub popsters Baby Fox, and drum'n'bass scholars Spring Heel Jack performing in a sports bar with a half-assed sound system to mixed effect, at least by conventional club-music standards. (Baby Fox also suffered the lack of one group member, held up at customs.) But there were triumphs, too, notably the torrential set by Berlin's Atari Teenage Riot, a DJ-driven outfit whose mix of death-race breakbeats, booster-rocket guitar-noise samples, and howling anti-fascist raps was, in the words of one smitten fan, "punker than fuck."
Still, of the 792 registered bands playing SXSW between Wednesday and Sunday of last week, there was no shortage of guitars, basses, and drums playing the music that the festival was built on, namely rock & roll in all its countless forms. Japan's Guitar Wolf made a rabid attack on surf rock, breaking strings and conjuring mojo like a Kyoto-cum-Malibu version of the Jon Spencer Blues Explosion. Belgium's dEUS, L.A.'s Lutefisk, and San Francisco's Brian Jonestown Massacre all generated a big buzz, while the The Flaming Lips' Wayne Coyne left both rock and electronica behind in what was perhaps the strangest show of the conference, a symphony for 29 semi-synchronized car cassette decks performed live in a parking garage for a crowd of around 2,000, complete with orchestral samples, 3-D orgasm noises, and dizzying drum breaks. If there's a lesson here, it is that It's Not What You Play, It's How You Play It.
Case in point is the newly remodeled version of The Jayhawks, who played their first official set at 1 a.m. Sunday morning. While they're ours, the 'hawks have always reflected the spirit and aesthetics of the Austin scene: roots oriented, craft conscious, prone to melancholy but essentially pleasure-centered, musically smart without being showoffy, and commercially committed to success on their own terms. Consequently, their outdoor set at Stubb's was packed with local fans as well as out-of-towners (including label honcho Rick Rubin, and ex-REV-105ers Kevin Cole and Shawn Stewart, who hovered among friends offstage like some guardian angels of Minneapolis music).
Rebounding from the loss of their more-or-less frontman, Mark Olson, and out to support what must feel like a make-or-break record, one might expect the band to be a bit nervous, especially in such a high-profile debut. And guitar-slinger Gary Louris, wild curls pruned to chin length, did look a bit tense centerstage as the band began working through songs from the remarkable Sound of Lies (due in stores by late April). But like the nervousness of the crowd waiting to see if the band could still do it, any apprehensions lurking onstage were soon swept away in washes of beautifully arching sound.
The group's instrumental work was richer than ever. Second guitarist Kraig Johnson (of Run Westy Run) and violinist Jessy Green deserve a lot of credit, as does stalwart drummer Tim O'Reagan. But it was Karen Grotberg's keyboards that really distinguish the new material, lending a psychedelic soul flavor to the group's country-rock base. The result is a sound that draws strong inspiration from the early music of '70s pop legends Big Star, a debt acknowledged Sunday in an indelible new song ("Big Star"); a cover (a letter-perfect take on Chris Bell's "I Am The Cosmos"); and a guest appearance by ex-Big Star drummer Jody Stephens, now reportedly a member of 'hawks side project Golden Smog.
To be clear, this was still pure Jayhawks: all aching, soaring melodies, carried by Marc Perlman's graceful bass lines and Louris's crackling guitar. The rub, of course, would be the vocals, since the group was always defined by the close, Louvin Brothers-influenced harmony style of Louris and Olson. Louris doesn't have great range, but his voice was always terrifically expressive (for an imprecise but useful analogy, he was Pete Townshend to Olson's Roger Daltry). With both O'Reagan and Grotberg (and occasionally Johnson) singing backup, the effect splits the difference between the Raspberries and the Flying Burrito Brothers: shamelessly simple, heart-grabbing '70s AM harmonies, with just the occasional taste of twang. It was all so deliciously right that, toward the end of the show, someone next to me confessed "I feel sorta guilty saying it, but I think they sound better without [Olson]." It was an optimistic close to a strange and dispiriting week for Minneapolis music, and a reminder that with every end comes a new beginning.
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