text:
NAACP v. OVERSTREET
- 1960-1969
Legal provision: Writ Improvidently Granted
Argument of Robert L. Carter
Chief Justice Earl Warren: Number 505, National Association for the Advancement of Colored People et al., petitioners, versus Haldred Overstreet.
Mr. Carter?
Mr. Robert L. Carter: I think that in order to get the issues in this case clear I would, if the Court will, I like to give the background facts in this case first.
This case arose when the respondent who is the owner of a tropical market grocery and meat store in the Negro neighborhood in Savannah, Georgia.
An employee of his, which was about a 15-year-old Negro boy, indicated to his mother that he had been hit by the proprietor of this store.
A warrant was taken out for the respondent and he was interrogated and investigated by officers.
The mother indicated that after she had made the complaint to the police that she received some threatening telephone calls as a the result that she got in touch with the local N.A.A.C.P. which was in Savannah.
They had a meeting and had a circular out in which they indicated people to come to hear about this brutality by this man as a result of the meeting in which one of the defendants below, Mr. Law was the president of the local branch and a Reverend Jordan who was the vice president, attended.
The branch decided that they would have picket around the store of the respondent.
The testimony on the part of Law is that they put two on each corner around this -- around it.
They were instructed to be peaceful and so forth and so on.
As a result of this picketing which began on June 1 and lasted until an injunction was issued on June 22, this was suit for damage was brought against the local N.A.A.C.P. against the State N.A.A.C.P. against the two individuals and against a New York Corporation.
The -- a word of damages by the jury on the basis of the facts was a $35 judgment -- $35,000 judgment.
The ordinary damages against the -- all of the defendants and a $50,000 judgment of punitive damages are against all of the defendants.
An appeal was taken through the Supreme Court of Georgia and it was affirmed as to all but the Georgia State Conference.
We brought the case here alleging the -- there was a violation of various rights of peaceful picketing and this Court granted certiorari and regrettably limited certiorari to the validity of the judgment as against the New York Corporation.
That is the issue which is before the Court at the present time.
That is whether the judgment of $85,000 which the New York Corporation is liable is valid and is attainable.
We think that the question on that if the Court pleases is not closed.
There was no evidence in this record.
Justice Hugo L. Black: Do you think what?
Mr. Robert L. Carter: -- that the question is not a closed one.
We think that the -- there's no evidence in this record to show in any respect that the New York Corporation was present or was anyway responsible or condoned or affirmed or benefit or any of the rational upon which it's responsibility could be established for these acts that this has not been shown at all.
Justice Potter Stewart: Mr. Carter was there any question of service on the jurisdiction over this petitioner?
Mr. Robert L. Carter: I beg your pardon sir.
Justice Potter Stewart: Is there any question in this case of whether or not the Court had jurisdiction over this petitioner that is whether or not the service upon them was a profit.
Mr. Robert L. Carter: We -- no.
We don't think -- quite frankly we don't think that question is here.
Justice Potter Stewart: Now, I should think that they included in the question to which the grant of certiorari was limited.
Mr. Robert L. Carter: The problem --
Justice Potter Stewart: Now, what if that is -- that question or whether or not there was any issue made or whether or not they were properly in the Court.
Mr. Robert L. Carter: We filed a demurrer alleging that -- that there was no the jurisdiction so far as the petitioner as the New York Corporation was concerned in terms of service and so forth.
The demurrer -- demurrers were overruled at that time and we therefore -- we then filed an answer and went on to trial raising the various issues as for the general jurisdiction of contesting the power of the -- contesting the issue on the merits so that although we did not give up the issue of jurisdiction we didn't -- at that time we did a question to the --
Justice William O. Douglas: Is the -- liability of the Savannah branch here at all?
Mr. Robert L. Carter: No sir.
The Court did not review that.
The Court limited liability to the New York Corporation.
Justice William J. Brennan: Mr. Carter what -- is the basis of liability of the New York Corporation respondeat superior?
Mr. Robert L. Carter: Well, I think that this is the only -- I think that this is the theory of the plaintiff's case, I mean the respondent here but the plaintiff below.
The theory of the case in which they attempted to prove on judgment that Mr. Law by having the -- who was the president of the local branch, and of the Georgia State group.
Justice William J. Brennan: Now, may I ask a question sir.
Mr. Robert L. Carter: Sure.
Justice William J. Brennan: I don't think I'm too familiar with the N.A.A.C.P. Structure, is that branch -- what is a, what is a branch?
Mr. Robert L. Carter: Well, the New York -- there's a -- a New York Corporation which is a membership corporation organizing the laws in the State of New York.
Justice William J. Brennan: Non profitable, is it?
Mr. Robert L. Carter: Yes sir.
Justice William J. Brennan: Yes.
Mr. Robert L. Carter: The -- we charter local unions and they are various kinds and various names but a local union in the particular city is an unincorporated association.
It is called a branch that is made up of adult people who come together and it has been 50 or more persons and they come together in the local union and they are carrying on activities locally in the name of the association.
That's unincorporated association.
Justice William O. Douglas: Is this the Georgia law we have to apply over this agency?
Mr. Robert L. Carter: The -- as far as we know I -- our view is that Georgia law would be applicable but that under any circumstances that the Georgia as we read Georgia cases that Georgia has not applied its own law to this instance, that it is departed from its own law but -- law in regard to this.
But our view is that the -- that under any standard that this is the denial of constitutional due process because of the fact that there has been no showing, there's no evidentiary showing that the New York Corporation was in any way present – present under any -- under any analysis or under any standard of law even Georgia or otherwise.
Justice William O. Douglas: What is the relationship between the Savannah branch and the institution?
Mr. Robert L. Carter: The New York Corporation, it's a union, it's an affiliate of the New York Corporation.
Justice William O. Douglas: What is it?
What is the form of the affiliation?
Mr. Robert L. Carter: The form of the affiliation is a charter -- rendered the charter by dues or a member who pays dues into the local organization and by virtue of that becoming member of the national -- of the national corporation.
There is a -- they have their own offices pursuant to constitutional bylaws at their own offices that they have their own offices.
They have --
Justice William O. Douglas: Appointed by the --
Mr. Robert L. Carter: No sir.
They're elected by the -- in the local -- by the people locally we have no – appoint in regard to this and they have jurisdiction to operate and function within the territorial limits with which they charter -- carries on it.
Justice Byron R. White: The majority would now be a [Inaudible]
Mr. Robert L. Carter: Well, we have the -- I -- let me point out quite clearly that all of these questions that are raised in regard to our relationship none of it is in the record at all and not -- nothing on this question was -- was presented by the plaintiff in the record in this case.
The answer to your question, the New York Corporation has -- general power for example we do make the general national policy which is binding on all of our constituent unions.
Justice Byron R. White: There are some specific action of the local -- doesn't agree, you don't agree with.
If contrary to your policy you have some authority --
Mr. Robert L. Carter: That's right, that's precisely right.
This is a question of basic policy.
We -- in this particular instance, the general purposes of our local unions with the N.A.A.C.P. is to advance the group interest of Negroes and to prove the status of the Negroes so this -- so basically this is solved.
We find that a union is not operating like that -- to that extent or is going contrary to some national policy that we feel is -- advances that interest.
For example a unit would indicate that their favorite segregation for example, our view would be on that this would be contrary to advancing group interest and we would feel that this would be something that would be -- that we would be able to take measures, but in the normal these units are semi autonomous units.
They function not with locally in regard to matters of concern to them at the local level and we do not really come in contact with them with regard to --
Justice John M. Harlan: Do they -- do they have funds of their own?
Mr. Robert L. Carter: Yes sir.
They have funds of their own.
They have a basic membership for it that they raised and that that is divided between us and then they may of course locally raise money or have fairs in raising money.
They have their own treasure -- treasury --
Justice John M. Harlan: That I assume in this case the Savannah branch hasn't got funds with respondents, this judgment with that fund.
Mr. Robert L. Carter: Well I'm – on that Mr. Justice Harlan I can't tell and I might as well be very frank to the Court.
I think we put -- place that -- put that in our brief.
The probability is and insofar as the response to the judgment is concerned in this case that the New York Corporation, the Savannah branch and the other people are held responsible, the New York Corporation will be required to pay for it, pay for it at the practical matter and an organizational matter.
But this of course, there is a difference between whether we have to do it as a practical matter whether we have a legal responsibility.
We don't feel there is any legal responsibility for us under the circumstances of this case, but since the judgment below would in effect mean and that there would be no Savannah branch and the individual defendants would be liable.
I think that the national corporation would have to take some responsibility in terms of sudden --
Justice John M. Harlan: That the judgment is not been satisfied with the Savannah branch.
Mr. Robert L. Carter: That's right sir, it has not been satisfied.
Justice William J. Brennan: Mr. Carter, the corporation has branch offices ordinarily and ordinarily industrial corporation commercially and I gather what you're saying though is this that the Savannah branch is not anything comparable to the branch office of an ordinary corporation.
Mr. Robert L. Carter: Precisely.
Justice William J. Brennan: Well now -- now suppose -- suppose we had a situation where the act -- which was actually a branch office of a corporation and the manager of that branch office had done the things that were found here, you would have no trouble I suppose or would you in saying that a judgment which reached the parent -- the corporation itself would be consistent with our ordinary principles of respondeat superior, would you?
Mr. Robert L. Carter: I wouldn't have -- I wouldn't have any trouble controlling --
Justice William J. Brennan: What concerns me is on this record as you said yourself you've been telling us things that do not appear in the record to show that this is not that kind of situation would not -- that have been a burden of the defense?
Mr. Robert L. Carter: I don't think so Your Honor.
Justice William J. Brennan: You think not?
Mr. Robert L. Carter: I think that --
Justice William J. Brennan: I mean how -- how is the plaintiff to know these facts and this unique relationship between the Savannah branch and the New York Corporation.
Mr. Robert L. Carter: Well, I think Your Honor that the plaintiff should made an allegation and is charging an agency and the respondeat superior, it seems to me that he's under an obligation to prove it.
One of the matters which he could put -- he could have prove it or could have demonstrated it or could have attempted to have shown was by virtue of having something that the constitution and bylaws of the local corporation and its connection with --
Justice William J. Brennan: Well that's part -- for example let me think -- I think in fact my other illustrations, as far as the General Motors.
Mr. Robert L. Carter: General Motors?
Justice William J. Brennan: General Motors, they have a branch office in Atlanta, Georgia and something -- the management does something, and a lawsuit is brought against General Motors Corporation.
There is an allegation that the branch -- the branch of General Motors and he was the manager of that branch, does the plaintiff have to go on and establish it ordinarily, would he that indeed that's what this fellow was.
He'd have to prove that he was the manager of the branch office that this was the branch set up by General Motors in Atlanta and so forth?
Mr. Robert L. Carter: Well, I think that what he would have to establish that he's going to establish the question of the agency he would have to establish that, and you have to.
The Court -- the record is going to have to show that there is some nexus between that branch and whatever you call it and --
Justice John M. Harlan: And the plaintiff's burden is required.
I remember what's -- does it follow from that -- what you're saying is this really a counsel illegal case, that there's just no evidence which ties Savannah branch to the New York Corporation?
Mr. Robert L. Carter: Insofar as responsibility for these actions and that in fact -- we have a branch in the sense that you now use the term in Georgia, but that branch is in Atlanta.
It has an office that we -- that the national corporation maintains and we have employees that we pay and that office is in Atlanta, Georgia where we have people who are on the payroll of the national office.
Justice Byron R. White: Don't you have -- yes, but don't you have to qualify to do business in other States solely on the basis of your branches?
Mr. Robert L. Carter: We qualify -- no sir.
We qualify to do business interstate and as you know that question is --
Justice Byron R. White: Does it inquire you qualify?
Mr. Robert L. Carter: What we require to qualify is to rest to file our certificate of -- the corporation (Voice Overlap)
Justice Byron R. White: I understand that -- I understand what the requirements are and what activity of yours -- what business do you do in the State when the only business is -- or when the only thing that's going on there is series of branches?
Mr. Robert L. Carter: Well, the point Your Honor is that in our judgment we need to have -- have always felt that we did not – that we were not present for these purposes but it was easier for us to comply with the law than to be involved in a series of litigation, like N.A.A.C.P. versus Alabama and so forth.
So that what we did was that we complied in most of these states by filing articles of incorporation and designated an agent of sorts although I think that sometimes ago we've indicated that we did not believe that we were required to do so.
Now we do believe that we're required to do so in the place where we maintain an office, a branch office in the sense that Mr. Justice Brennan indicated, but not where all we have on local affiliate communities whether the -- as a matter of fact because I said it was easier for us because we believe --
Justice John M. Harlan: Do you share the -- do you share the money that's raised by the branches?
Mr. Robert L. Carter: Oh yes.
We -- the money on membership dues 50% -- half of the basic membership dues is sent to the national office.
The other half is kept local.
There are other contracted digits they had as well.
Justice William O. Douglas: At page 106 of the record the Supreme Court of Georgia said that Law present in the Savannah branch called a mass meeting of N.A.A.C.P., is that correct?
Mr. Robert L. Carter: Where he -- he called a mass meeting Your Honor of the Savannah branch of the N.A.A.C.P.
Justice William O. Douglas: That he says that the N.A.A.C.P and of the Savannah branch.
Mr. Robert L. Carter: That the law -- there's no testimony that Law in the record that Law did that and certainly these are the facts on which the respondent attempts to show because of the circulars that N.A.A.C.P. mass meeting.
Therefore, the reasoning was that this was the New York Corporation I suppose, but the fact of the matter is that the only thing that Law could do is to call a meeting for Savannah branch because that was the only thing that was there.
Justice William O. Douglas: On page 108, they said if Law originally acted without authority it assumed to act for them that is N.A.A.C.P. they have the option to repudiate or ratify that they were required to do one or the other, but whereas here they never repudiated the act.
They are deemed to have it permanent.
Mr. Robert L. Carter: Well I --
Justice William O. Douglas: What were the effects with respect to that?
Mr. Robert L. Carter: The testimony shows that the New York Corporation did not know either about the picketing or about anything that was going on until after the injunction was issued.
The injunction was issued and suit had commenced.
The New York Corporation was then notified about the fact that this was going on.
And I didn't -- it is the position of the -- currently adopted by the Court and the position of the respondent and that the New York Corporation was required to come into court and disavow.
We think that -- we think that is error.
The question that we -- we don't believe that we were required at that time to come into court and tell the court or tell the respondent in court in the suit -- lawsuit that we disavow the local branch and we had no responsibility for it because it seems to us that what would really be having then is that we prejudice, the position of the local branch in regard to the case.
I think that the disavowment or the opportunity to affirm or disavow has to occur before the lawsuit has occurred and I don't believe that anyone can pick up the fact that we didn't take the position in the courtroom after the lawsuit itself as being the basis for it and this is what -- in our -- this is where in our judgment the Supreme Court of Georgia was in error in trying to fix that instead of -- as far as we were concerned.
Justice Potter Stewart: I do not probably understand what you just said Mr. Carter.
Do you mean that you don't think you're -- you're required to do that as a matter of Georgia law or do you mean that if the Georgia law does require you to do that it would be unconstitutional?
Mr. Robert L. Carter: Well, we don't believe that we were required to do that as a matter of Georgia law.
We don't believe that -- we don't -- we believe that the question of affirming was disavowed.
I -- that the principle therefore the responsibility is a fact which has to occur before the litigation commencement.
Now, we --
Justice Potter Stewart: That the Supreme Court of Georgia seems to say that the Georgia law is required.
Mr. Robert L. Carter: The Supreme Court of Georgia -- we don't read that that is a -- is saying that because what the Supreme Court of Georgia had said it in terms of interpreting the record here.
The Supreme Court of Georgia apparently reaches the conclusion with regard to the record that we had an opportunity.
Now we think it's an error that we had an opportunity before the lawsuit began.
If this is what the Supreme Court of Georgia is saying we do think that this is a violation of the constitution.
Justice Potter Stewart: Now what part of the constitution --
Mr. Robert L. Carter: On the basis of the fact that I think that what occurs is that we are now in a position in regard to our units where we require the principles as charged with a liability where we're required to come in court and prejudice the rights of our affiliates in a particular litigation by making a confession of some kind in court in regard to the amount of resort.
Justice Potter Stewart: Well aren't you -- if these people are your agents I can understand that position, but if they're not your agents what's the -- which is your claim here now and has to be on the issue presented here to us and if they're not your agents what's wrong with requiring that you say so?
Mr. Robert L. Carter: Well, if they are not -- or if they are our agents or if they're not our agents our theory is that the burden is on the plaintiff to establish his case.
The plaintiff it seems to me has to come into a court and he makes -- he wants damages and he says that these people have done something wrong.
I think that he has to establish -- he is required to make the establishment before.
The respondent has any duty of going forward or making any explanation with --
Justice Potter Stewart: Well now, Mr. Carter insofar as this case involves simply the law of agency in the state of Georgia or insofar as it involves simply the sufficiency of the evidence to support factual determination of the agency and therefore to support the Georgia law of respondeat superior, all those issues are no proper business for this Court, aren't they?
I think you recognize that because you put this -- you put the question before this Court in terms of the Due Process Clause of the Fourteenth Amendment of the United States Constitution and to that extent isn't the suggestion of my Brother Brennan correct, that there has to be a showing of complete absence of any evidence.
I mean you have to show that you think that it's just as arbitrary to take your money and to satisfy this judgment as it would be to take, let's say the money of the -- of the Chrysler Motor Car Corporation --
Mr. Robert L. Carter: Well, we think that's -- we think that's --
Justice Potter Stewart: That you have absolutely no connection with these -- with the people who are responsible for this tort, the State tort.
Mr. Robert L. Carter: Well we think that that's -- we think Justice Stewart that's what the records reveal.
Justice Potter Stewart: So we're not really concerned here, can't we with the state law of agency or the state that are -- or the sufficiency of the evidence because those are matters of -- for the state courts which we have no business.
Mr. Robert L. Carter: That's right.
The reason for the -- we have raised in our brief on page 17 we -- and beyond we are showing that we read the law that there has been a complete departure from the rules established in Georgia and we think as a matter of fact that this may raise some question of equal protection.
But our theory is about this cases that there is no evidence, there is no evidence in this record that would connect us to this case and therefore the judgment is arbitrary and capricious and as a matter of law we said the -- this judgment and this question should never have gone to the jury and it should have been ruled as a matter of law that the New York Corporation was not present and is not responsible.
Justice Potter Stewart: As a matter of constitutional law?
Mr. Robert L. Carter: That's right.
And under these circumstances we --
Justice Hugo L. Black: Mr. Carter I'd like to ask you a question.
Mr. Robert L. Carter: Yes sir.
Justice Hugo L. Black: Is your organization set up something right to the terminal of this where they have take for instance that was a suit against the law [Inaudible] and the claim was made that the head organization was not liable for what happened in their local organization.
Are you setting up the claim that you're not liable?
And what is the difference between your membership so far as your home office is concerned, your local membership and the -- that of [Inaudible] paternal organization?
Mr. Robert L. Carter: Well, I'm not sure Mr. Justice Black I can answer that.
I can tell you what - I can tell you what I think --
Justice Hugo L. Black: I'll tell you why I'm asking.
I haven't been able to find the case.
But many years ago there's a case against the Loyal Order of Moose that they set up that they were -- the head office was not liable for a death that was caused by an initiation.
The judgment was rendered and that went all the way up to the Supreme Court of the State and then came to this Court later on.
And this Court held that the other state was bound to recognize the judgment under the Full Faith and Credit Clause.
I do not recall how much it has to do with this but it seems to me that it's in the realm of the area, general area, which you're arguing this --
Mr. Robert L. Carter: Well I think Mr. Justice Black that I'm not claiming here that under no circumstances can a case be made whether the New York Corporation would have responsibility for some act that's done and carried out locally.
I am saying that there was no evidence that there was a nexus between us and these local activities.
Justice Hugo L. Black: Is that the sum total of your claim?
Mr. Robert L. Carter: Yes sir.
That there is no --
Justice Hugo L. Black: That the burden is on – should have been put on the plaintiff by the State.
The State is the one who has put on the burden isn't it?
Mr. Robert L. Carter: The claimant, the plaintiff is the one who has to prove the case and has to present evidence to show the responsibility and this is -- this is the -- as I understand the law that this is what --
Justice Hugo L. Black: Well that's not -- that's not the -- is that the law of Georgia?
Mr. Robert L. Carter: That is the law of Georgia, has been the law of Georgia as far as we know until (Voice Overlap)
Justice Hugo L. Black: That they sustained this judgment.
Mr. Robert L. Carter: They sustained -- they sustained this judgment, yes sir.
They have sustained this judgment, but we think that in sustaining this judgment they have departed from basic due process requirements.
Justice Hugo L. Black: But your basis here is that the burden -- your basis that the burden constitutionally according to the federal constitution has to be put on the plaintiff?
Mr. Robert L. Carter: Well, our basic claim is that this is a case that comes within the Thompson versus Louisville case.
That there isn't --
Justice Hugo L. Black: Because there's no evidence or proof?
Mr. Robert L. Carter: That's right sir.
Justice Hugo L. Black: But there still remains -- suppose the States says we don't require anymore evidence and the fact that this is a number of -- it is -- that the group associated with the national organization and if they want to put it up that's the defense [Inaudible].
Mr. Robert L. Carter: Well I think --
Justice Hugo L. Black: Would you say that is unconstitutional, is that is?
Mr. Robert L. Carter: Yes sir.
I think that's an arbitrary rule under -- under those circumstances.
Justice William J. Brennan: [Inaudible] they got the man place another, is that a branch law or is the law -- now, he testified to a number of things indicating and pretty much what you have told us you know, was the relationship between the branch and the parent corporation.
As I remember the such things any part of the funds they've collected and they go back.
He said that policy is made of the national conventions and that sort of thing and we have to adhere to the policy.
Now why is it that you suggest that that under the Georgia rule accepting what you have said to be the Georgia rule namely that the plaintiff has the burden of proving this agency, why do you suggest that the Georgia courts could not as a matter of Georgia law accept this as sufficient evidence to prove agencies.
Mr. Robert L. Carter: Well because of two things.
One, Mr. Law testified that the New York Corporation didn't know anything about what was going on that's in the record.
They weren't notified.
They knew nothing about it until after the suit was filed.
This is --
Justice William O. Douglas: Does any of that --
Mr. Robert L. Carter: This is in -- in the record itself.
The other point that we raised in regard to this --
Justice William J. Brennan: Well Mr. Carter, may I ask you, test is to that -- it isn't -- the test is of agency would not deal with it whether the New York Corporation knew of these particular events.
The test of agency is whether the actor, here, Mr. Law was in fact agent and that doesn't require knowledge of you folks in New York, does it of what he was doing.
Mr. Robert L. Carter: Well that's true.
That maybe true but what you're talking about now is that sort of -- is a general agency by virtue of the fact that the management is involved in the organization.
Therefore, we have some general responsibility and under these circumstances our general responsibility we suggest to the Court in terms of due process, the only way on which the Savannah and Mr. Law were held liable was on the basis of the fact that there were acts which were violent acts which violated the laws that there were threats and intimidation and therefore that -- it would have to be shown specifically that the New York Corporation, the principle would be involved in giving specific ratification or firm acclamation and a pull of those specific acts because otherwise the one is -- it is - it is all for violation and there are arguments (Voice Overlap)
Justice William O. Douglas: That seems to be within the theory of the complainants.
I really -- that's amended in paragraph 14 on page 15 says that the defendant W. W. Law in using such tactics was then committed before the service of the N.A.A.C.P.
Mr. Robert L. Carter: Yes sir.
These are the allegations that has been made that he was acting for the New York Corporation and so forth but as I try to indicate before there has been no showing of the -- it was the acting clause and if you take the basis on which responsibility has been held since the illegal acts and acts of violence I think that we have to indicate that the New York Corporation in carrying out a general policy of who to condone ourselves before this -- we could be held liable under this circumstances.
Justice William J. Brennan: Well that's really a question now assuming agency, you'd say there's no proof that what he did was within the scope of his authority as agent, is that it?
Mr. Robert L. Carter: Correct.
Justice William J. Brennan: But now you're -- now I gather that your position is that the plaintiff's burden is both, one, to prove agency and also that the particular acts within the scope his authority or if not were ratified by the New York Corporation.
Mr. Robert L. Carter: Under -- if you go as far as you've indicated that the Georgia can go and that is that the agency can be established merely by the fact that the man is -- that we have an affiliate that the man is a member of the organization.
That would be --
Justice William J. Brennan: But suppose this had been the manager of your Atlanta branch who would led this -- this operation and you knew nothing about it in New York.
Mr. Robert L. Carter: Well, if the manager of our Atlanta branch was being -- would be very definitely be or directly connected with us we are paying him, we are employing him, he is as a matter of fact and the ordinary rules he would be acting for us on the circumstances because he has a direct -- we give him orders.
We are able to tell him what to do and what not to do.
Justice William J. Brennan: Well, even to the extent you mean of acting for you, again, that he had led this picket line and assuming it was violence on the picket line.
You'd have no questions then on reliability of the New York Corporation or those acts.
Mr. Robert L. Carter: Well, let me say -- can we say this Mr. Justice Brennan.
I review it would have -- if the Savannah branch I mean if this man that you indicate --
Justice William J. Brennan: In Atlanta.
Mr. Robert L. Carter: In Atlanta were to come out and were to be on the picket line and violence and so forth, it were established one that he was employed by us and so forth and so on, we would then be under an obligation it seems to me at that point to establish in the records, specifically in the record that we had nothing to do with this or to attempt to disprove his association and that he was operating outside the scope of --
Justice William J. Brennan: But you -- on the acts.
If it's -- we're going to see that there's any such burden on you affirmatively to establish that in the case of this kind of branch.
Mr. Robert L. Carter: No sir.
Justice Byron R. White: Even though this law and the evidence there assuming that the burden is carrying out any N.A.A.C.P. policies and that thing.
Mr. Robert L. Carter: Yes, but they assumed they're carrying out the policy of the local level.
Justice Byron R. White: There is -- but it's your policy that appearing here throughout.
Mr. Robert L. Carter: There -- there is --
Justice Byron R. White: Subject to your control.
Mr. Robert L. Carter: It is not subject to our control.
Justice Byron R. White: It is totally [Inaudible] subject to your control, that they went in to something that was contrary to your policy there.
Mr. Robert L. Carter: Contrary to our basic policy.
And one of the basic -- basic policies, yes.
But I have attempted to tell - to say to you that generally that they have local aims and objectives which they presumed which we have nothing to do with it in terms of controlling because our general policy is in terms of the status of Negroes and this is what our business is, on the national level.
Justice Byron R. White: Yes, I think that the -- that and certainly that it was considerably a counsel by the national in terms of what this local operations up to.
Mr. Robert L. Carter: I don't think that's established in the record.
I think what is shown is that we have an annual convention and that the annual convention, he and other people go to our conventions which are held annually and they talk about various things about the -- that ought to be done in a national effort so that our policy in favor of the voting rights field, always in favor of their civil rights bill.
We wanted [Inaudible] but there is no showing that he went down with counsel to do any of the things that are here.
Chief Justice Earl Warren: We'll recess.


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Government cloud adoption is at its pinnacle. In fact, spending on public cloud services is expected to grow from $22 billion in 2010 to nearly $73 billion in 2015 - a compound annual growth rate of 27.6% - according to IDC. This growth rate is four times faster than the growth of IT spending overall, and as the third-fastest adopter of cloud technology, the worldwide public sector is helping drive this trend.
National governments are leading the way with serious investment in cloud technology. With the financial crises of the past five years, revenue is becoming so constrained that they are looking to do new with less—innovating faster while saving tax dollars. The cloud supports these efforts by helping governments to centralize their IT assets, save money, and, at the same time, be more responsive to their citizens.
Due to economic constraints and budget pressure, many governments worldwide are asking their CIOs and IT departments to increase productivity while reducing costs. It's a significant challenge. However, it's a goal that can be accomplished by embracing the cloud.
In fact, now is an ideal time to move to the cloud. The technology is proven, robust enough for government demands, and many governments that are already leveraging the cloud are seeing significant benefits such as cost savings, improved efficiencies, opportunities for innovation and new market possibilities.
The Office of the Government Chief Information Officer awarded a contract on the implementation and operation of the Government Cloud Platform (GovCloud) to Atos Information Technology HK Limited. The GovCloud solution is a large-scale central IT infrastructure for hosting e-government services for shared use by bureaux and departments. Such services include electronic information management, electronic procurement and others. Atos will provide a range of services covering project management, system implementation and integration, operations management and data centre hosting.
When looking at some of the most talked about topics in technology today, not surprisingly, cloud computing continues to enjoy a comfortable place at the top. The cloud offers organizations an entirely new way to approach IT and, with it, realize many benefits. The report, entitled "Cloud Computing: Flexibility, Efficiency, Security," looks at the economic potential of cloud computing in Poland across four sectors: education, healthcare, public administration and the small and medium-sized enterprise sector.
For more information about the National Cloud Initiative, please feel free to email us at email@example.com.

subset: commoncrawl


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Articles at InventorSpot.com
Looking Ahead: Flatware That Stands Up!by Toby
Did you ever wonder why flatware always lies on the table or in a coffin-like holder in the drawer? I never gave it a thought until I saw this photo of the Sunny Side Up cutlery, I not only started to wonder, but am still wondering why it took so long and whether stand-up flatware will be the wave of the future?
Liposuction Art - Man Uses His Own Fat for Foodby Diana Eid
Danish artist, Marco Evaristti, had liposuction done. Simple procedure, right? Nothing out of the ordinary. But not with this guy. He made meatballs out of the fat sucked from his body and called it art.
Let Loopa Lower Leaks And Spillsby Tammy
Young children love to explore, and sometimes that involves taking a mid morning snack "to go." If you are tired of trailing behind your toddler with a mop or broom, the Loopa Bowl may be ideal for your household.
Parasolar Shades and Powersby Gloria Campos
The Parasolar, a neat little umbrella gadget concept, is one of the notable entries in the Greener Gadgets Design Competition 2008. It provides shade as well as power.
Three Great Gifts For A First Father's Dayby Tammy
Father's Day is right around the corner, and when it comes to gift giving for new dads, a little innovation and a bit of humor can go a long way.
Breckland Unveils the Beira V8by George Delozier
Breckland Technology, a company based in the United Kingdom, has been building some impressive cars for a number of years. Recently, they decided it was time to put one on the market that held their own name and it is nothing short of a masterpiece.
Shotgun Belt Bucklesby Aditi Simlai Tiwari
Albert Mardaga reinvented the belt buckle using a mechanism similar to the opening of a shotgun action. While wearing the L'A Mardaga belt buckle, the firearms enthusiast can now have a constant reminder of this art.
Creepy Crawly Doll Art - What Nightmares Are Made Ofby Diana Eid
Artist Jon Beinart creates bizarre yet fascinating doll sculptures he called "Toddlerpedes".
What A Gift! Towel Cakes Are Sooo Tempting!by Toby
More tempting than a funnel cake... More luscious than a tunnel cake... the Towel Cake has arrived! And what a great gift it makes for Father's Day, wedding showers, baby showers, birthdays....just about any occasion for a sweets-lover! The Towel Cake, by Le Patissier, will make your recipients drool!
8 Great Father's Day Gifts for the Military Manby Steve Levenstein
Since Father's Day comes up so soon after Memorial Day, it's only natural to think of the many fathers in uniform... too many of whom have paid the ultimate price to safeguard our way of life. These 8 Great Father's Day Gifts for the Military Man past & present honor and pay tribute to defense-minded Dads everywhere while at the same time putting a smile on their faces.
Honda Appeals to "Man's Best Friend"by George Delozier
We will almost always go out of the way to make life easier for our pets. Knowing this, Honda has made a very noticeable turn towards pets in hope of selling more vehicles to pet owners and some of the outcomes have some very high expectations.
The Double Life Of A Grill Boyby Toby
I love surprise gadgets and the Grill Boy is one. It's a stylish stainless steel magnet shaped like a broad, flat stick figure, with grooves for hands and feet. But the grooves are all different sizes, so don't try to fit your Grill Boy with pairs of mittens and socks...
Leans Handy Phone Holder Puts Your Cellphone On a Pedestalby Steve Levenstein
If you've splurged for a fancy new cellphone, iPhone or iPod, you don't want to have it lost amid the clutter of your desktop. The "Leans" Handy Phone Holder helps your small but important communicator rise above the clutter while adding a sense of modern style to your workplace.
Innovative Gravity Defying Shoesby Aditi Simlai Tiwari
While investigating shock absorption for buildings and automobiles, scientists discovered a special polymer that was both lightweight and absorbed shock and vibration. This material forms the sole of these innovative shoes.
Crystals May Lead to Cheap Solar Cellsby Lisa Zyga
With a breakthrough in research on titanium oxide nanocrystals, researchers may make solar cells more cost-effective.
Toyota's Night View Identifies Pedestriansby George Delozier
Nightime driving is an area that can always be improved upon. We now have headlights that turn with the steering wheel to essentially "see" around corners and detectors on the front of our cars that will warn the driver of something in the road ahead. Toyota took that a step farther by putting together a system that can recognise humans and feed the information straight to the dash.
Nike's New Shoe A Waste?by Gloria Campos
I must have a thing for innovative shoes or for recycled trash. I'm not sure which but here's a topic that combines the two and involves the quickly growing eco-conscious company, Nike. So here it is, Nike has a new basketball eco-shoe nicknamed Nike Trash Talk. The shoe is modeled after Steve Nash's current shoe, the Nike Zoom BB II Low. It isn't Nikes first eco-shoe but it is the latest.
Japan to Ban Spam E-mail. Seriouslyby Steve Levenstein
Spam - junk e-mail, not the canned mystery meat - has been effectively banned by the government of Japan. Wishful thinking, or a positive step in the elimination of one of life's greatest annoyances?
Sculptor Makes His Own Car Out of Polyurethaneby George Delozier
Polyurethane...you know, the same stuff we use to fill in the annoying little cracks along the window. It has now made it's debut in the automotive world as more than just a filler. A Lithuanian "sculptor" has built almost an entire vehicle out of the mirale stuff, and it doesn't look all that bad.
The Well-Dressed Dog At A Wedding: Trend-Setting Elegance For Dog Groomsby Lady Bee
Western European custom has it that the human bridegroom dress in a conservative dark suit or tuxedo at his wedding: the bride should never be upstaged, and that's as it should be! But dog brides better be prepared to share the stage when it comes to the newest fashions for dog grooms. These trend setters are anything but reserved.


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Showing 1-24 of 87 items found in Outdoors & Play
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Doug Firebaugh Observatory
Enjoy the beauty of the night sky. Open whether cloudy or clear. If cloudy, there will be a presentation or discussion on related topics.Open: May thru September: First and Third Saturdays of the Month: 8 pm
PHK Bicycles
This business is dedicated to selling American made products including hand built bicycle frames. It offers full service bicycle repair including mobile bicycle repair. M - F: 11 am - 6 pm; Saturday: 9 am - 6 pm; Sunday: By appointment. PHK Bicycles 1335 East South Street Freeport, IL 61032
Baymont Inn and Suites/Freeport Golf Packages
Park Hills Golf Getaway Package: Enjoy a Baymont Inn and Suites room for two for one night, two 18-hole rounds at park Hills Golf Course in Freeport, a cart, a bucket of range balls, and a golfer's gift bag. Advance reservations required: $153 - $187. Wolf Hollow Golf Getaway Package: Room for two for one night, two 18-hole rounds at Wolf Hollow Golf course in Lena, a cart, a bucket of range balls, and a special gift bag.
Fairways Golf Course
The Fairways Golf Course is a serene 18-hole golf course designed by Perry Maxwell, ASGCA, which is open to the public and cherished by those in the Rochelle area since 1929. We are host to immaculate tree-lined fairways and an exceptional restaurant, Beacon on The Green, for lunch, dinners and banquets.
Taylor Park - Freeport
Taylor Park was originally a trotting-horse track and gives this park its oval shape and flat terrain. There are picnic areas shelters, playground areas, a three-diamond lighted softball complex, a tennis court, a basketball court, and a sand volleyball court. A concession stand is open during softball season.
Leisure Lake Campground
68 full hookup sites, of which 32 are pull-thru. All are 20 & 30 amp. Hookup (50 amp available), pay phones, full laundry.
CITY:Rock Falls
Fitness Lifestyles
This state of the art fitness center offers indoor swimming, cardio equipment, free weights, circuit training, massage therapy, an indoor walking and jogging track, nursery, a woman's only area, over 40 weekly fitness and aquatic classes, and more.
Nachusa Grasslands, The Nature Conservancy
Private natural area owned by the Nature Conservancy. Highlights are 1500 acres of prairie, wetlands, and savanna woodlands. Grassland flowers, birds and butterflies to observe.
CITY:Franklin Grove
Rock River Cruise
For those with an urge to explore a genuine Illinois prairie, this ride takes you past one of the largest pieces of preserved prairie in the state. The Rock River Cruise is 34.7-miles of moderate difficulty, with a few small climbs along the way. Stop off and visit some of the many attractions along the way, including the John Deere Historic Site and the charming town of Oregon.
CITY:Franklin Grove
Green River Oaks Camping Resort
Camping resort with two pools, mini golf, basketball courts, fishing in lake and river, rental trailers, 225 sites with hookups.
Rock River Valley Skydivers, Inc.
Student training. Tandem & sport/fun jumping. Demonstration jumping for events. USPA group member drop zone. Two Cessna C182 jump planes, visitors welcomed. Located at the Whiteside County Airport.
CITY:Rock Falls
Cedarville Skate Park
Skaters of all skill levels will enjoy the half and quarter pipes, pyramid, "roller coaster" and kink rails on the 750 square foot skate pad. The skate park is also open to bikes. Other attractions include a playground, sheltered picnic area, sand volleyball court, basketball court and ten fitness stations along a .5 mile blacktop walking path. Open: Dawn to Dusk.
Franklin Creek State Natural Area
Developed by local volunteers, it offers scenic trails, horseback riding, fishing, and limited hunting. The site contains the historic Franklin Creek Grist Mill and a 180-acre dedicated nature preserve.
CITY:Franklin Grove
Byron Recreational Path
Biking, running, and walking path. Starts at Byron Forest Preserve and crosses the Rock River to Sunshine Park then north of town.
Park Hills Golf Course
This award-winning (3 1/2 stars in Golf Digest) public course offers incomparable playing conditions on two 18 hole, 72-par courses. The gently rolling terrain, manicured greens and abundant wildflowers make Park Hills Golf Couse the destination for thousands of visitors every year. The West Course is 6600 yards, and the East Course is 6400 yards. Watered fairways, varying distance tees, a 300 yard driving range, clubhouse and pro shop are offered. Green Fees: Weekday - 9 hole: $16; 18 hole: $25, Weekend - 9 hole: $18; 18 hole: $28; Weekday or Weekend Cart Fees: 9 hole: $20; 18 hole: $32.
Mendota Hills Campground
More than a campground, hit a golf ball, take a golf lesson, catch a fish or hayrack ride, swim, dance, hike row/paddle a boat, play basketball, horseshoes, video games and pool or kickback with a campfire. We have 130 acres to do it all.
Rock River Valley Self Help Enterprises Happy Trails
Five acres of walking paths, water gardens, a green house, five-hole miniture golf, swings, and gardens were all designed and maintained by the developmentally disabled clients of the Rock River Valley Self Help Enterprises.
Ruffit Park
Located west of Sterling & Rock Falls on Rt. 30 & 2.
Eilert's Tee Box
Play golf on over 50 resort courses from throughout the world at this premier indoor golf facility, offering high-definition video full-swing golf simulators. Also enjoy the cocktail lounge offering a bistro sandwich menu in a quaint, comfortable atmosphere. Open: Monday thru Friday: 3 pm - 12 am, Saturday: Noon - 12 am.
Lost Nation Golf Club
This beautiful 18-hole course with large, smooth greens and rolling hills is open to the public, and offers a pro shop and restaurant.
Byron Forest Preserve District (skating)
The Forest Preserve has one outdoor skating rink and warming shelter - open weekends.
Alpine Hills Adventure Park & Golf Center
The 52-acre adventure park and golf center will feature year-round activities for all ages. Zip Rockford - Now open - If you are looking for a daring zipline escape for you, your friends or family, Zip Rockford provides an experience you will not forget. Fun for all ages within the weight range of 50-275 lbs. Brought to you by Rockford-based EBL Zipline Tours in partnership with the Rockford Park District. Gateway Parks snow park is divided into tubing, skiing and snowboarding sections designed to accommodate riders of all abilities – from beginners to expert. Even the smallest visitors will be transported safely up the hillside on the Magic Carpet lift. Plus, snow making equipment will cover the park in fresh powder daily. The First Tee of Greater Rockford provides educational programs that build character, instill life-enhancing values and promote healthy choices through the game of golf.
Lake Louise Resort
The finest family recreational camping experience in Northern Illinois. Sandy beaches, slides, rafts, paddle boats, fishing, kiddie beach, sand volleyball, basketball, game room, bonfires, bands, dancing, music, horseshoes and 13- acre spring-fed lake.
Green River State Wildlife Area
Green River is the best remaining example of the wetland-prairie mosaic that once covered the area's nearly 1 million acres of lowlands. This multiple-use site provides hunting, hiking, and birding opportunities.


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Cheverus standout Faithfull done for the season
PORTLAND — Cheverus' senior standout point guard Indiana Faithfull, the player with the colorful name and dazzling game, has been declared ineligible for the remainder of the boys' basketball season.
The shocking news, which has enormous repercussions for the local hoops scene and the upcoming tournament, came Friday when Cheverus athletic director Gary Hoyt announced in a press release that Faithfull had maximized his eligibility as a student-athlete according to Maine Principals' Association eight consecutive semester rules.
Faithfull, who spent his freshman year in his native Australia, had three semesters under his belt when he came to Cheverus as a sophomore in the fall of 2007. He began his freshman year in January 2006, according to the Australian academic calendar. As a result, he finished his eighth consecutive eligible semester on Jan. 22.
"The situation is an unintended consequence of a well-intentioned rule that is having a significant impact on the eligibility of southern hemisphere exchange students," said Hoyt. "Indiana has been an exemplary student-athlete and is an innocent victim of the unintended consequence of this rule."
Stags coach Bob Brown discovered the issue while researching Faithfull's transcripts and the school self-reported.
"(Cheverus) admitted him as a sophomore and there wasn't any urgency," Brown said. "I get my list and that's my team and away we go. I never check eligibility. I've been getting calls from college coaches. One coach in particular wanted to know his grades. They gave me his transcripts. I looked at it and started to count and thought, 'oh no!'
"This school stands for something, I stand for something and so does Indy," Brown added. "I went to Gary to make sure I was right. That's how it all transpired."
MPA Executive Director Dick Durost praised Cheverus for its handling of the situation.
"Cheverus High School, and in particular principal John Mullen and athletic administrator Gary Hoyt, are to be commended for their swift investigation and action concerning the student-athlete's completion of athletic eligibility," Durost said. "As soon as they determined that there might be an issue, they were in immediate contact with the MPA office, asking for clarification of the MPA eight semester rule and implementing that rule without complaint. Their approach was exactly what we would hope and expect from every MPA member school."
Faithfull has been the Stags starting point guard for three years, leading them to the 2008 Class A title as a sophomore and undefeated regular seasons last winter and so far this season.
Faithfull has done it all, limiting his scoring to keep his talented teammates involved, while racking up assists, steals and rebounds. He was the captain of a potent offense and also the engine behind a smothering matchup zone defense.
"He stepped in and he started for me for three years," Brown said. "As a sophomore, he was the starting point guard. He struggled with the complexities of what we do. About three games before the end of the season, I put him back in and he led us to a state championship. The next year, we were undefeated. With him on the floor, we've lost four games in three years. The ball's always in his hands. More than anything, he doesn't care about points. It's all for the team. He's a real throwback kid. He plays hard."
Brown said that while Faithfull was devastated by the situation he will remain an integral part of the team for the stretch run.
"He's taking it hard, but he's taking it with class," Brown said. "He really is a classy kid. He's handling it unbelievably. He helped carry this program for three years. He always deflected praise. He leads the kids in the huddle, brings water. He still leads when he's around."
Faithfull hasn't decided on his plans for next year, but has a lot of options.
"Prep school's a good avenue, but if a good fit pops up for him, so be it," Brown said. "He wants to be a Division I player."
"It's too bad, but I'm sure he still has a lot of great things ahead of him," said Scarborough coach Joe Johnson.
Still a force
The Western A landscape has certainly changed dramatically, but anyone writing Cheverus off is forgetting how strong this program is.
If there's any silver lining to this story it's that Brown now has the opportunity to get his kids to refocus and continue working hard, a message that's tough to deliver when you're pummeling every foe by 20, 30 points or more.
Saturday, with Faithfull on the bench, the Stags drubbed visiting Sanford, 74-31, (they led 19-0 after one period and 38-8 at the half) behind 13 points from senior Kyle Randall, 10 from junior Alex Furness and six from new point guard, junior Joe Savino.
"The guys have really picked it up," Brown said. "Savino has come in and really done a nice job. It's funny. I've had very little confidence in him, but I put him in against Biddeford and we clicked. Alex was totally out of position. Everyone stays the same and he'll pop in. I'll play Alex a little like I did with Indy. I think the kids will use this and step up on their own. Kyle Randall has jumped into a super-leadership type of role. We can't change, but kids who aren't rebounding like they should, now they have to. We'll have to run plays the way we're supposed to."
Cheverus improved to 16-0 with the win and figures to be the No. 1 seed for the Western A tournament yet again. Now, however, the Stags aren't the heavy favorite.
"I think what it does going into the tournament, everyone will say it's Westbrook and Cheverus," Brown said, alluding to a 15-1 Blue Blazes squad that gave the Stags their only close game to date, a 50-48 Cheverus triumph (on Faithfull's game-winner) back on Dec. 8.
"What I would say is that it really brings us back to the back. All the teams we beat by 20 and 30 now think they can stay with us and beat us. We have to rally and say no. Providing (senior Dominic) Borelli's healthy, I'd say Westbrook's the favorite now. It's really a strange year. Borelli's injured and Indy and (South Portland senior star Keegan Hyland, who's missed the whole season with a stress fracture in his pelvis) are gone. It's too bad for Western Maine basketball. I'd say those three would have been the finalists for Mr. Maine Basketball."
Whatever happens, the next few weeks will be can't-miss theater.
"I feel bad for Indiana," said South Portland coach Phil Conley. "He's a great player and a great kid. Cheverus will still be a very good team. They're still very well coached and still have great ballplayers."
Sports Editor Michael Hoffer can be reached at firstname.lastname@example.com


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Joe Biden to meet with Hillary Clinton
Vice President Joe Biden and former Secretary of State Hillary Clinton will get their chance for a one-on-one meeting that could be a preview of the 2016 presidential primaries as they have breakfast together Tuesday in Washington.
Biden's office confirmed that the meeting is set for Tuesday morning the Naval Observatory. It will come just a day after Clinton and President Obama lunched together at the White House. Spokesman Josh Earnest said that meeting was more pleasure than business, and that it was "largely friendship that's on the agenda" for that session.
It's hard to imagine that Tuesday's breakfast won't at least include some casual jokes about 2016 political intentions.
Read more about: Joe Biden
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Hotel California
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Travel Blogs from Andong
Hanok villages
There are two hanok villages in this area. Andong's is an arranged one. Houses that were going to be flooded because of dams built in the vicinity were taken to this model village in the outskirts of the city. But although the setting is nice, it is as dead as the palaces of Seoul.
Hahoe on the contrary is an old settlement from the Ryu clan in an almost full circle bend of a river, where people still live and work their fields. You don't see too many ...
Behind the Mask
... to have a good time. I like to believe the former.)
But besides the historical, spiritual, and social connections the festival holds to Korea, the main attraction - and the most noticeable - are the masks. Colored in red, blue, or yellow; shaped like dragons, spirits, or the nine-tailed fox; made for both children and adults-- Masks carry some interesting and attractive qualities. Obviously masks are art, since their intricacies and their ...
Andong Archery and Folk Village Boat Tour
... so it didnt look as lived and worked in as it did now.
There was a variety of colour of leaves and the village was quite busy with many groups of tourists and families visiting.
Some of the houses had thatched straw roofs while others had regular clay tiles. It ...
There's nowt so queer as folk!
... right to the ticket office! He got out and helped me be understood at the ticket office and I asked to leave my backpack in the ticket office. Then, horrified to see a million different school parties of kids about to go to the cave, I got a bat on and hurled myself up the 2kms hill to the cave. I could have got a cable car, but part of the distance had to be walked anyway and I thought it would be good fitness, since I was carrying a good 9kgs!
It was a ...
Andong Folk Villages, Dam, Wooden Bridge
... there are no shops in the village. There was a free shuttle to take us the km to the village but they were really packing people in so we decided to walk to take in the sights.
Along the way we saw some tree carvings made to resemble the mask faces and other characters. We also noticed 'rude male objects' carved and the more we looked the more we noticed. After that they had a special building to commemmorate the Queen Elizabeth visit. They had blow up photos of her stay ...


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I found this in the garage and I hope someone could help me with this painting. I would like to know if its worth anything. It looks authentic but I don't know anything about paintings. Any information would help.It has the name "EDMOND WOODS" written on the bottom right hand corner. Thanks!
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Stone Ridge is proud of its long history of special, memorable and exciting traditions.
School Colors: Blue & Gold
School Mascot: Gator
School Motto: Hic et Nunc (Here & Now)
In the spring, students in the junior class (Third Academic) receive their class rings from their Fourth Academic ring sisters at a ceremony presided over by the Head of School, the Head of the Upper School, and the Alumnae Board President. This is a formal ceremony for the Third and Fourth Academic students.


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Welcome To Hi-Way Chevrolet Buick
Thank you for visiting Hi-Way Chevrolet - Buick located in Rock Valley, Iowa. We are your best destination for the biggest selection and best service of any car dealership in Northwest Iowa. We invite you to browse our listings of new and used cars, trucks, vans, and SUV's and call, email, or just stop by. A BIG CITY SELECTION, SMALL TOWN ATMOSPHERE, AND THE BEST SERVICE ANYWHERE! Contact us at 712-476-5309 1-800-344-7087 firstname.lastname@example.com you like to text send Jamie Nibbelink a text message at 712-441-4247 or Rienk Vander Haag at 712-490-1633


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Probably something like Terminal 5 at JF Kennedy International Airport that's what. It's the JetBlue Airways terminal the carrier recently opened with some fanfare.
So do airlines do a better job than airports themselves?
I've just been through Terminal 5 and am now sitting on JetBlue Flight 757 to Aruba (which by the way is absolutely rammed – did I hear you say credit crash?) and I will offer my observations.
Firstly, for the record I'm taking the JetBlue experience for the first time. I thought it only fair seeing as its CEO Dave Barger is speaking on Monday at the Airline Business Network Latin America event in Aruba.
I feel I know JetBlue well through several years of reporting on the carrier. And now as a customer I know them even better, especially as they've been e-mailing me lots and lots prior to the flight because I signed up to their loyalty scheme TrueBlue.
So Terminal 5: first observation is you can check-in your bag at the kerb. This costs $2 and is probably something frequent flyers will do to avoid the bag drop queues.
The terminal is clean and bright. There are lots of kiosks. I try to check-in at one.
Oops it says, no can read your passport (a British one), off to the regular check-in line for you. That was painless enough and enlivened by some cheery JetBlue staffers.
Security was fast, but first thing in the morning when JetBlue has its big first wave it is apparently rather different.
The departures area has a triangular reception area from which three fingers extend to the gates. There are shops, but it's not overwhelming by any standards. There are plenty of food and beverage outlets.
The best bit for my colleague Ed and myself was the shoe shine – it's not such a common thing in Europe. Shoe shiners Kevin and Steven were friendly and my shoes are forever grateful.
At the gate there's another ancillary opportunity where you can for $1 buy a JetBlue headset. I'm not sure how popular these are as your iPod headset plugs into the seat as well making the headsets redundant.
The main surprise for me is that JetBlue doesn't make a big thing out of on-board food sales.
In fact you can't buy food on the aircraft at all and it encourages the traveller to buy a sandwich at the airport's many convenience stories. I would say it is missing out on a hefty wedge of cash there – must ask Dave B about that.
You can buy booze and you can buy movies but no grub. The movies usually cost $5 but seeing as the payment system is broken on this flight they are free. Having said that DirectTV is not working properly so nobody getting any benefit out of it on this trip.
The flight is fine as well. I've bought the extra legroom seat (some $30 more I think) and it's good value. I would say the room is the same as you get on the British Airways long-haul premium economy.
So back to the terminal and I'm impressed. I mean there's nothing revolutionary going on here but it is a lot better than many. Being completely JetBlue branded is an asset too and I think that's the main benefit.
Dave Barger describes it as taking the JetBlue experience to the next level, and he's right: Especially compared to the economy experience offered by the network carriers.


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Right at the end of last year, I played through the first two Halo games back-to-back. It was an impulse decision, encouraged by the atmosphere surrounding the time - I was halfway through Persona 3, eager to start Skyrim, but wanted something straight-forward to tide me over without distracting me from the commitment of writing my usual string of year's-end blogs. I settled on Halo 2, a game I've had as long as I've owned an original Xbox (which is to say, about seven years) but never actually played. In order to better prepare myself for the experience, I decided to precede it by quickly running through Halo: Combat Evolved. I'd already played and beaten the first Halo way back in 2006 or so, so I figured it would serve as a nice refresher.
I didn't blog about the two games after beating them, mainly because I was so wrapped up with the end-of-year blogging proceedings (although both games did get a brief mention in my End of 2011 Awards blogs). So, to clarify my opinions on both of these Bungie-developed titles - they're both great first-person shooters. The original Halo in particular is even better than I remembered it being, boasting a brilliantly-paced, meticulously-crafted campaign that I'd happily rank alongside the likes of Half-Life. The surprisingly open exterior environments seemed to invite tactical experimentation, leading to a more emergent feel to the gunfights - something that I really admire in an FPS, as my love for Far Cry 2 will testify. Halo 2 is great as well, ramping up the graphical sheen and the intensity of the set-pieces, but it was the first game that really grabbed me when I played them back in December.
So why am I recapping my thoughts on a pair of games I played just over four months ago? Simple - because I've just finished playing the third instalment in the Halo franchise, the somewhat predictably-titled Halo 3. I bought a copy of the game back in February, using a GAME gift card I'd been given for Christmas. After recently finding myself hankering for more time with the Master Chief, I picked the game up just over a week ago and began working my way slowly through it. I finished the campaign this morning, coming away from the game feeling pretty darn satisfied. Much like its predecessors, Halo 3 is a great first-person shooter, and a fitting end to Bungie's three-part story of space marines and super-weapons.
These days, when a new Halo game is revealed or released, it's typically met with snarky internet users remarking, "Oh look, more Halo". This frustrates me a little, because although those words carry strong connotations of disinterest, they're also the best, most concise description of Halo 3 I can muster. It ticks all the same boxes as the first two games. A well-paced campaign? Check. Exhilarating, challenging combat both on-foot and in-vehicle? Check. A varied and interesting arsenal of weaponry that encourages experimentation? Check. The god-damned Flood? Check. Halo 3 IS more Halo, and I don't say that in a condescending way - rather, I mean that Halo 3 is a great sequel to two great games, and one that maintains the high level of quality those two previous titles established.
While my primary reason for playing Halo 3 was rooted in the series' great gameplay, I'd be lying if I didn't also admit that I was a little intrigued to see how Master Chief's story arc would end. This was a curiosity born more out of the second Halo than the first - while Combat Evolved's story came across as kind of bare-bones and merely there to justify the shooting, Halo 2 delivered a pretty interesting plot, providing much greater insight into the workings of the Covenant and the mythos of the Halo universe as a whole. Halo 3 picks up exactly at the point where the previous game left off, and for the most part I enjoyed its story in the same way one might enjoy an action-movie. Some of the big reveals don't quite hit the mark - after the other two games doing exactly the same thing, the "surprise" reveal of the Flood half-way through wasn't really a surprise at all. But on the whole it's good innocent fun, serving to drive the action forward and keep the player just intrigued enough to wonder how it's all going to end. Sure, it's fairly generic sci-fi, but it's also pretty entertaining sci-fi.
One thing that differentiated my Halo 3 playthrough from my other Halo experiences was my decision to play it through on a higher difficulty level, stepping up from Normal to Heroic. This was something I attempted with both the previous Halo games, but quickly reverted to the default when I hit an impassable wall in around the third level of both games. Both Halo and Halo 2 seemed to take immense delight in fucking me over at every available opportunity, even when from my perspective I didn't think I was doing anything wrong. In Halo 3, on the other hand, I never felt like the Heroic difficulty was deliberately out to get me. Every time I died, I recognised it not as the game being unfair, but as me having done something stupid, and I'd try to correct that after the game had resumed. I only hit a couple of small walls with Halo 3, one early on and one about two-thirds through, and even those didn't feel too nightmarish to push through. Maybe it's just me, but Halo 3's campaign certainly felt like a fairer, better-tailored experience to me. Although with that being said, I'd still never dare to push the difficulty up to Legendary - I like a challenge, but I'm not a masochist.
I think that's all I've got to say on the subject of Halo 3. With an absence of Xbox LIVE and a lack of experience in playing competitive shooters, I'm not really in any position to pass judgement on the game's multiplayer component. Similarly, I'll spare you all the gameplay particulars of the campaign because I'm willing to bet pretty much everybody has played this already. I'm now deciding whether or not to pick up both ODST and Reach, just in case the Halo bug chooses to rear its head and bite me once again. In the meantime, I'm keeping myself busy with Vagrant Story, which is living up to my exceedingly fond memories of it. I also picked up the PC version of Legacy of Kain: Soul Reaver following its recent release on GOG.com. After playing and loving so much of that game on PlayStation last month, it would be great to finally see Raziel's adventure through to the end. All that remains to be said is thanks very much for reading, and I'll see you around.
Currently playing - Vagrant Story (PS1)


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How to Fail at PR, Based off Microsoft's Xbox One Crisis
Microsoft recently proved that once you mishandle a brand crisis, it's difficult to repair your reputation.
In Five Lessons in How NOT to Handle a PR Crisis: a Microsoft Case Study, Alex Maunder guides PR pros through each step of Microsoft's failures after its audience responded negatively to the reveal of gaming console Xbox One.
Its biggest downfalls: conflicted and confusing responses to the media's and consumers' questions, and canceling its remaining interviews with the media. This left Microsoft vulnerable for its competitor Sony to jump in and promise consumers that the Playstation 4 would be a better purchase.
Check out the video below, which Sony created after Microsoft announced it would restrict users from trading or sharing games with their friends.
Even after Microsoft reversed all its decisions that originally angered its customers, Maunder points out it has already become a communal joke to condemn Xbox One and Microsoft. Lesson of the day: PR must maintain a strong relationship and be transparent with their brand's consumers at all times.


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Tips from the Top
Expert advice on navigating work
Monthly Archive for April, 2012
Who is your hero?
We all have a hero – but we don't always recognize them at the moment we meet. No, we often realize, sometimes years later, that a person who played a role in our life turned out to be our hero, our champion, and our inspiration. One of my heroes was my math teacher in high […] [Read More]
Where are they?
Who do you think the female Mark Zuckerberg, Steve Jobs, and Bill Gates are? And why aren't we hearing about them? [Read More]
Take a risk
"You don't have to reinvent the wheel to invent a great new company." I heard this quote recently at the 15th Anniversary Celebration of the Women's Business Enterprise National Council (WBENC), a premiere gathering of women entrepreneurs from across the country who have come together to share ideas and collaborate on business strategies. A common […] [Read More]


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Can celiac mess with sleep? I'm trying to nail down the cause of my sleep issues. I had a really bad week for sleep because of finals but now can't sleep more than four or so hours at a time (often less than this). Has anyone else had problems related to sleep? I have had insomnia for a long time and take meds for it, but now this is different. I've never had trouble staying asleep before.
Sleep Issues
Started by Googles, Dec 20 2009 02:17 AM
3 replies to this topic
Posted 20 December 2009 - 02:17 AM
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Posted 20 December 2009 - 08:44 AM
Any food intolerance can mess with sleep. Stress from finals can just add to the sleep issues. Hopefully now that finals are behind you that your sleep will get better. If it doesn't and you are definitely staying gluten free, consider other food or even chemical intolerances.
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Posted 23 December 2009 - 02:41 PM
I had extreme insomnia for four years, including many nights with no sleep at all. I went off gluten and it didn't change. I then realized I was getting cross contaminated. Once I removed all traces of gluten, I started sleeping. It is so wonderful! Going gluten free has done for me what no sleep medication or supplement could do.
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Posted 24 December 2009 - 10:06 PM
Going gluten-free has been the best thing for my sleep! I used to rarely sleep more than 3 hours at a time. Lately I've been waking up a little after 5 when going to bed about 10. My body doesn't know how to handle it yet but it feels great! The dark circles under my eyes are getting much, much lighter. Who knew? All these years my doctors have tried all these different medicine combos to help me sleep and gluten-free was what I really needed.
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Posted at: 11/14/2012 10:53 PM
Updated at: 11/14/2012 11:26 PM
Residents in Canandaigua are reacting to the news that another school district employee has been accused of sexual misconduct involving a student.
Canandaigua Police charged Lisa Footer of Manchester with third degree sexual abuse, forcible touching and endangering the welfare of a child, after they say footer and the student, had an ongoing relationship.
And with this newest incident, it's starting to get to Canandaigua residents.
"Everyday you turn the TV on there's something. It's just disgusting."
For some Canandaigua residents like Maggie Brewer, the arrest of a Canandaigua Academy teacher is disturbing and for Akil Lndsey, it's shocking.
"When the kids speak up we have to listen as adults definitely. especially in this type of situation. Like I said I don't know all the details or whatever, but it is shocking to me."
People were learning of the arrest this evening as they were heading home. Police have accused Lisa Footer of carrying on a sexual relationship with a 16-year-boy. The charges stem from what police say was a sexual encounter with the teen in this parking lot on Saturday.
"They were introduced by a third party in the summer of this year and the relationship has been going on since then from what we can tell," said Sgt. Scott Kadien, of the Canandaigua Police Department.
Footer is a Spanish teacher at Canandaigua Academy. She's 44-years-old, and a wife, and a mother of at least one teen herself.
"It is upsetting. It all depends on if the teacher actually did it," said Naples Resident, Tyler Walker.
Mary Whittier, executive director of the Bivona Child Advocacy Center says this is an opportunity for parents to reassure their children.
"Whether it's someone that you know really well, a family member, someone that they are related to, someone in a position of authority; a teacher or coach, someone in the church. It is never okay for those kids to be in a situation like that, or for them be taken advantage of and that it's okay for kids to talk to their parents."
This is not the first time the district has dealt with an incident like this..
A case is pending against Thomas Spina, a former teacher's aide accused of sexting students. AND In 2010, Marla Gurecki-Haskins was sentenced to 45 days in jail, and 3 years probation for endangering the welfare of a child and official misconduct because of her involvement with a 17-year-old male student.
In a statement today, the district said it is cooperating with police and reviewing its legal obligations regarding Footer's employment.
The school district says footer has been placed on administrative leave, until the criminal case against her is resolved. In the meantime, She is not allowed on school property.


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Dozer is a 10 year old African Spur-Thighed Tortoise who lives with four other of his tortoise friends near the front of the Zoo. Dozer is the largest of all the Zoo tortoises, weighing in at 60 lbs. He will eventually grow to weigh about 250 lbs and can live to be 150 years or older. He will need to eat lots of lettuce, carrots and apples (his favorite) to keep growing strong for many years.
How long do you want to sponsor me?
For gifts over $5,000, please contact the Zoo Development Office at: (423) 643-5710 or via email at: firstname.lastname@example.com.


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Becca Mahler >> See More Coed Girls
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Meet Becca Mahler, a student from Jacksonville, Florida. A steady 5'5", 105 pounds, with a generous DD bust, Becca is a study in classical dimensions. "I'm in communication sciences and disorders," she says. "We learn about all the ways you can use your tongue.â€...
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Absolutely hysterical! What a great way to spend date night. The audience was rolling in laughter. They Guaranteed Funny and they delivered.
Great teachers and compassionate, intelligent administration. Beautiful grounds and safe environment for students!
Tasty and reasonable, although uncomfortable standing in line.
DJ Tomtom is now appearing at the KOA Florizona Grill on Country Club on Saturday Nights.
Skate Country is a great to place to hang out with friends and family! The staff are polite and helpful, even if you have no clue what you're doing (like me).
The Metzger is excellent. It was my favorite of the 3 specialty tacos. Served with au jus? Creative. Although it was plain as day, I had to ask what it was because it was a surprise to see it accompany a taco. Don't dip it, just dump it on top.
Time your visit for 645pm on a Sunday. Sit on the patio and you'll get an eyeful when Hi Fi across the street raises those massive sunscreens. It's a PG13 glass fishbowl. What a party! Video wall, DJ on stage and Go Go Girls dancing in silhouette on the bar.
Say what you want to about the spotty "service" but I see the General Manager humping it the whole time. That's good enough for me.
As for people constantly wanting to F I L L themselves: those who live in fat asses should not throw stones. Ya Taco Bell pig out monkeys. Stay out of our way if it's possible to move your fat ass aside far enough for others to pass.
Love it for breakfast! Will try it for dinner today. The food is great as is the service.
I enjoyed the authentic Polish food. The soup was just right with all the flavors of eastern Europe. The pierogies were yum and the meats imported and full of flavor. I would recommend this place.
This is not Japanese like the headline says. This is pure Chinese food and very good at that. Great dim sum mostly decent service. and atmosphere ain't bad either.
I miss this place, the last manager and staff that was there was awesome. I think it was a group of 3 or 4 guys that were trying to buy it from the owner, but the owner kept wasting all of the money which was a shame. I lived right near by so when it changed to basically a country bar before it shut down it was a shame...
Pretty cool place, just started going back. Not so much a party place as it is just a bar atmosphere but its fun and a nice group of people.
Im new in town. I love the bar but the women are not friendly. That is a shame. I could not meet a girl.
Great Americana food. Awesome breakfasts, burgers and dinners. Dont let the stakehouse name fool you, this is more of a diner. Great food at a reasonable price. No frills, good service. Owners George and Dina always greet you with a smile.
There's about 3-4 places in town where you can get a real NY slice, this is one of them. Really enjoyed it. Only gave 'em 4 stars because I haven't tried anything else, but I will!
That is pretty cool, I personally like the commercial painting services in Phoenix, AZ. I pretty much just love everything about AZ actually, and it is nice and warm down there.
Leruas does stand out because of the best tamales anywhere. The enchiladas are great and the prices are very good. Numerous combination plates equal great deals.
This place is awesome, for all your mexican food needs. The drive through option is heads above your typical drive through mexican. The dinner plates are very tasty as well, although to onion heavy.
Where this place really shines though, are the breakfast plates. You have not lived until you have had the red chili pork tamales with fried eggs on top!
left out a word, should have said ribs are very meaty and not too fatty
Great place for a steak!!! Fabulous food & atmosphere with live music on the weekends.


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August 5, 2015
3-24-04 - Lamar County authorities found thousands of images of child pornography in the home of a 66-year-old man. But Orien Lee Scott is also accused of videotaping nude children in his home.
Sheriff's deputies searched his home in Maxey on Friday and found pornographic images of children on his computer. Investigators were acting on a tip from the mother of two local teenagers who worked for Scott. Those teens had seen images of nude children while on his computer. Investigators found videotapes of those teens using the restroom and taking showers. The tapes were made without their knowledge.
Authorities also fear that there could be more local victims, because the tapes contain thousands of hours of footage.
Scott is charged with one count of possession and promotion of child porn. He is free on $75,000 bond. So far, he has not been charged with a crime relating to the videotapes.
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Browse Archives By:Date Alphabetical
Nov 25 2008
Thanksgiving Wine Tips
Note from P-Dub: While I haven't had a chance to photograph the process yet, here's the recipe for my Homemade Turkey Brine in case you need the ingredient list. For now, here's Pastor Ryan, who brings us some Wine Wisdom for Thanksgiving. Take it, Ryan! So you're [...]
Keep Reading
Dec 01 2008
Thanksgiving, Deconstructed
(I'm sorry to begin Monday with the sight of a turkey carcass, but it's the only evidence I have that I actually roasted a turkey last Thursday. I really didn't mean to nauseate anyone this morning. Please believe me.) I have to say, I really missed you all over the [...]
Keep Reading
Oct 06 2010
The Pie That'll Make You Cry
NOTE: The baking temperature required seems to vary widely from oven to oven. Mine bakes perfectly in 50 minutes, but some are reporting that the pie is still soupy. If the pie is very jiggly when you remove it from the oven, cover with foil and bake for another 20 minutes or until mostly [...]
Keep Reading
Oct 27 2007
Turkey Gravy
Okay, we've made the turkey. Now it's GRAVY TIME! Why can I not say the word "gravy" without sneering and putting on an Elvis voice? I need therapy. First things first: remember the freaky little bags of organs we pulled out of the turkey? We need to rinse them, [...]
Keep Reading
Nov 17 2011
Turkey Tetrazzini
I couldn't wait. I'm sorry. I had planned to save my turkey leftover recipes for next week (so you'd have time to plan your after-Thanksgiving meals) but this one is just too yummy not to share. It's turkey tetrazzini, one of my all-time faves. You'll want to [...]
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Nov 10 2008
Turnip Gratin
To check out all my archived Thanksgiving recipes, flip through the PW Thanksgiving Recipe File. I have all the basics there: turkey, gravy, dressing. Watch for many more holiday-friendly dishes here in the coming days and weeks. Before I continue with this unbelievably flavorful and [...]
Keep Reading
Oct 13 2008
Whiskey-Glazed Carrots
Oh, how I love Glazed Carrots—they're so easy to make and yield such a delightful and impressive result. Bright, colorful, and scrumptious, they're equally appropriate for a Tuesday evening dinner by yourself or for an elegant Thanksgiving or Christmas Spread. Oh, how I [...]
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Why wait for a special occasion to hang a banner, when you have so many momentous feelings and expressions every day that are worth proclaiming? In 2010, New York City-based artist and designer Angela Deane made her first banner design say, "Celebrate the Everyday," and since then she's continued to create playful paper letter banners that express commonplace thoughts and feelings. Hang this quirky Banter Banner design to extend a respectful greeting to everyone passing through your door.
All banners are cut to order and handmade in Brooklyn. Banner comes with gold twine as shown.
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University Hospitals Case Medical Center Receives $2 Million Gift to Study Cancer Genetics
University Hospitals Case Medical Center has received a generous $2 million gift from former Steris Corp. CEO Les Vinney and his wife, Linda. The funds will be used to help strengthen its work in cancer genetics.
In announcing the gift, University Hospitals said that the Linda and Les Vinney Biorepository and Genomics Facility "will play a key role in advancing genomic knowledge and hastening important discoveries and new cancer therapies."
Dr. Stan Gerson, director of the UH Seidman Cancer Center and Case Comprehensive Cancer Center and professor of medicine and Case Western Reserve University School of Medicine, said in a statement:
"This newly established, state-of-the-art biorepository will fuel the development of novel genetic screening tests, critical in the identification of cancer-causing genetic changes and help us devise precise and effective treatments."
Dr. Gerson also noted that the gift will support "program activities in informatics, biostatistics and cancer genetic counseling, which is critical for families with multiple cancers, giving hope to patients diagnosed with cancer now, and for generations to come."
Linda Vinney, a retired genetic counselor, and Les Vinney have long been advocates for the importance of medical innovation and compassionate genetic counseling. Mrs. Vinney held positions at Akron Children's Hospital and Morristown Memorial Hospital in New Jersey.
In a statement, Les Vinney said:
"We believe strongly in the Seidman Cancer Center's commitment to finding a cure for cancer. Advances in cancer genetics will lead to better understanding of risk factors, early diagnosis through genetic testing, and powerful and personalized cures. We are honored to support University Hospitals' physician-scientists and their tireless efforts to make the next major discovery in cancer genetics."