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January 21, 1958
DEPARTMENT OF HIGHWAYS, APPELLANT,v.PENNSYLVANIA PUBLIC UTILITY COMMISSION.
Appeal, No. 11, March T., 1957, from order of Pennsylvania Public Utility Commission, Docket No. 15111, in case of The Department of Highways of the Commonwealth of Pennsylvania v. Pennsylvania Public Utility Commission. Order affirmed.
Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Deputy Attorney General, and Thomas D. McBride, Attorney General, for Department of Highways, appellant.
Miles Warner, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.
Harold B. Bornemann, with him Josephine H. Klein, for railroad, intervening appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 420]
This is an appeal by the Department of Highways of the Commonwealth of Pennsylvania from an order of the Pennsylvania Public Utility Commission allocating certain costs of construction against the department in a project involving the reconstruction of a railway-highway grade separation structure.
The proceeding was initiated on November 29, 1950, when the Schuylkill County Motor Club filed a complaint with the commission alleging that the highway underpass carrying State Highway Traffic Routes 443 and 29 underneath the single track of the Lehigh and New England Railroad Company in West Penn Township, Schuylkill County, was dangerous and inadequate by reason of insufficient vertical and horizontal clearances and should be reconstructed for the safety, accommodation, service, and convenience of the public. After hearing on March 1, 1951, the commission, on
[ 185 Pa. Super. Page 421]
May 28, 1951, directed the department, with the cooperation of the railroad, to prepare plans and cost estimates for the alteration or reconstruction of the crossing below grade. At a further hearing held on November 26, 1952, the department presented its plans and cost estimates for the reconstruction of the bridge and the highway passing thereunder. At this time a witness for the department testified that no federal funds were available for this project. The cost estimate of the department for the bridge was $175,459.20, while the cost estimate of the railroad for the bridge alone was $128,148. The department on behalf of the Commonwealth agreed to assume the entire estimated cost of the highway construction, as distinct from the bridge, amounting to $181,641.05. Thus the total cost estimates were $357,100.25. On April 20, 1953, the commission, sustaining the complaint of the Schuylkill County Motor Club, issued its order approving plans prepared by the department and directing, inter alia, that the railroad pay the department $35,000 toward the cost of construction of the improvement. In this same order the commission disposed of the railroad's request that federal funds be used to defray the expense of the improvement by noting testimony of the department's witness that no such funds were available, and adding that the commission could not direct the department to utilize federal funds.
On May 8, 1953, the Lehigh and New England Railroad Company filed a petition for reconsideration and modification of the commission's order of April 20, 1953, in which it alleged that the assessment of $35,000 against the railroad was unjust and unreasonable, and in which it requested that the commission defer the effective date of the order until federal funds had been obtained for the improvement or, in the alternative, that the allocation against the railroad be greatly reduced
[ 185 Pa. Super. Page 422]
or borne by other parties. This petition of the railroad was denied by the commission on July 13, 1953.
On January 8, 1955, the railroad filed a second petition for reopening and rehearing and modification of the commission's order of April 20, 1953, wherein the railroad had been assessed $35,000 of the cost of the improvement. In this second petition the railroad averred that subsequent to the commission's order of April 20, 1953, the department had applied for and was granted federal funds to defray one-half of the cost of the improvement involved in this proceeding. In its answer the department admitted that $320,000 of federal funds had been committed to this new and independent project as of May 12, 1954, but averred that the Federal Bureau of Public Roads was informed of the $35,000 assessment against the railroad at the time the use of federal funds was approved. The petition also set forth that removal, relocation, or alteration of its tracks had cost the railroad $6,829.19. The railroad contended that General Administrative Memorandum No. 325 of the Federal Bureau of Public Roads and regulations issued by it under the Federal-Aid Highway Act of 1944 precluded any assessment against the railroad where federal funds had been or were allocated.
On February 7, 1955, the commission, acting under the provisions of section 1007 of the Public Utility Law of May 28, 1937, P.L. 1053, 66 PS § 1397, directed that the complaint be reopened and that further evidence be received concerning the allocation of costs of the improvement project. A rehearing was held on April 1, 1955, at which it appeared that no agreement had been made covering this project between the railroad and the Bureau of Public Roads of the Department of Commerce or between the railroad and the
[ 185 Pa. Super. Page 423]
Department of Highways. At this rehearing it was established that the final cost of the subject improvement was substantially less than originally estimated, to wit, $304,681.54, compared with an estimate of $357,100.25. It further appeared in the evidence that federal funds were used on the project, including the improvement involved in this proceeding, in the amount of $320,000 on the estimated cost of $640,000 following a bid of $596,140.57.
The commission thereafter issued its order of May 21, 1956, which is the subject of the present appeal. The commission therein stated that, in view of changed circumstances, including the fact that federal funds were ultimately obtained for the improvement and because of the reduction in actual cost below the original estimates, it would modify its original order of April 20, 1953, by relieving the railroad of the payment of $35,000 previously assessed against it. The commission refused to grant the requested reimbursement of the railroad for $6,829.12 representing track alteration costs.
On appeal to this Court the position of the department is that it is "unreasonable, arbitrary and capricious for the Commission subsequently to amend its order and put all the ... cost of reconstruction upon the Commonwealth solely because the Commonwealth had, subsequent to the original ... order, received Federal funds for the ... reconstruction project ..." It appears that the substance of appellant's complaint is that the commission allegedly used the allocation of federal funds as the sole factor in modifying its order of April 20, 1953, to the extent of relieving the railroad of payment of the $35,000 assessment. The department also attempts to raise the issue of whether the commission in allocating costs is bound by alleged restrictions in the federal law and regulations against assessing
[ 185 Pa. Super. Page 424]
any costs against the railroad in such projects as here involved. However, as hereinafter noted, this issue is not properly raised and is not before us.
We think this appeal is ruled by our decision in the recent case of Department of Highways v. Pennsylvania Public Utility Commission, 179 Pa. Superior Ct. 376, 116 A.2d 855, allocatur refused 179 Pa. Superior Ct. xxvii, where, as here, the Department of Highways alleged that the commission erred in allocating costs between a railroad and the Commonwealth in rail-highway crossing projects in which federal funds were used. There the department contended that the commission in allocating costs erred as follows (page 383 of 179 Pa. Superior Ct., page 858 of 116 A.2d): "(1) In considering the source of funds to be used by the department; (2) in arbitrarily making the source of funds the sole basis of its cost allocations; (3) in allocating the costs as to the railroad to conform with the General Administrative Memorandum No. 325." After reviewing the law*fn1 granting broad power to the commission to allocate and assess costs in rail-highway crossing improvement or elimination projects, we stated (pages 384, 385 of 179 Pa. Superior Ct., page 859 of 116 A.2d): "The present orders, in so far as they relate to allocation of costs, are well within the commission's statutory power. Under the circumstances, in making allocations, it was proper for the commission to recognize the fact that federal funds were to be used in each of the projects, and to consider the conditions which might be applicable to the use of such funds.
"The Commission could also consider, in the light of present day conditions, the general purpose and circumstances
[ 185 Pa. Super. Page 425]
underlying the grant of federal funds for such projects, including the financial position of the railroads and the relative benefit to the railroads as compared to that accruing to users of motor highways."
On the present appeal it does not appear as a matter of law that the commission, in amending its original order, acted solely on the basis of the fact that federal funds were later used. Moreover, it does not appear that the commission considered that it was bound by federal regulation to relieve the railroad of liability to the extent that it did. As we said in the former appeals (page 386 of 179 Pa. Superior Ct., page 859 of 116 A.2d): "It may be that the proposed use of federal funds was the decisive factor in the cost allocations made by the commission. In any event, the allocations were within the commission's general powers, and we cannot say as a matter of law that the commission did not consider all factors, or that it gave undue weight to any one factor in apportioning the costs."
Our statement in the former appeals is applicable to the other issue in appellant's argument (page 386 of 179 Pa. Superior Ct., page 859 of 116 A.2d): "These appeals do not raise the question whether the commission was bound to consider the use of federal funds, nor do they raise the question whether the commission is bound by any alleged restriction where federal funds are used. These are not cases where the commission has refused to consider the use of federal funds or where it allocates costs in violation of alleged restrictions in the use of such funds."
The commission's modification of its order of April 20, 1953, is based upon substantially altered factors which include the ultimate use of federal funds and a cost materially less than the original estimate. Furthermore,
[ 185 Pa. Super. Page 426]
the commission refused to relieve the railroad of payment of $6,829.12 track relocation costs.
The commission acted within its powers under section 1007 of the Public Utility Law, 66 PS § 1397, in amending its order of April 20, 1953. The power of the commission to rescind or amend an order under this provisions is clear. See Day v. Public Service Commission, 312 Pa. 381, 384, 167 A. 565, affirming 107 Pa. Superior Ct. 461, 164 A. 65. Such amendment or rescission of its orders by the commission is, of course, subject to the requirement that there be adherence to the fundamental principles of fairness and to the constitutional guarantees of due process. West Penn Power Company v. Pennsylvania Public Utility Commission, 174 Pa. Superior Ct. 123, 131, 100 A.2d 110. We find no violation in this respect.
The order of the commission is affirmed.
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ERIC Number: ED205535
Record Type: RIE
Publication Date: 1981-Apr-14
Pages: 14
Abstractor: N/A
Reference Count: 0
Telephone Methods in Survey Research: The State of the Art.
Sudman, Seymour
Response differences between phone and face-to-face procedures are small and can be ignored for most research applications. Using the appropriate methods and experienced interviewers, initial cooperation is the same on telephone and face-to-face interviews. There may be slightly higher refusal or don't know responses and shorter answers to open-ended questions on the phone because respondent suspicions may be higher while motivations to talk are not as great. This becomes especially important when the telephone is used for screening respondents using threatening questions. Research dealing with new methods for improving telephone screening is very important, but additional research on differences in responses between phone and face-to-face methods are unlikely to yield findings that are of practical importance. (Author/BW)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Telephone Surveys
Note: Paper presented at the Annual Meeting of the American Educational Research Association (65th, Los Angeles, CA, April 13-17, 1981).

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New York SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
March 15, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.MARGARET ROBINSON, APPELLANT.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Edward J. Gaffney, Jr., J.), rendered June 30, 2011.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on March 15, 2013
PRESENT: NICOLAI, P.J., and IANNACCI, J.
The judgment convicted defendant, after a non-jury trial, of passing a school bus that was stopped and had its lights flashing.
ORDERED that the judgment of conviction is reversed, on the facts and as a matter of discretion in the interest of justice, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a non-jury trial, the City Court convicted defendant of passing a school bus that was stopped and had its lights flashing (Vehicle and Traffic Law § 1174 [a]). The sole witness for the People, the police officer who had issued defendant the simplified traffic information charging the offense, testified to little more than that he had observed defendant pass a "school bus," with red warning lights illuminated and which had stopped to pick up passengers. There was no testimony that the vehicle was a school bus within the meaning of the statute, nor that the vehicle bore the required identifying markings, lights, and signs (see Vehicle and Traffic Law §§ 375 [20]; 1174 [a]). Even if the proof need represent only "substantial compliance" with the statutory requirements (e.g. People v Teverovskaya, 22 Misc 3d 138[A], 2009 NY Slip Op 50350[U] [App Term, 9th & 10th Jud Dists 2009]; People v Kaler, 2003 NY Slip Op 51351[U] [App Term, 9th & 10th Jud Dists 2003]), the trial evidence fell far short of that standard (People v Quarantillo, 61 NY2d 992, 993-994 [1984]; People v D'Agostino, 18 Misc 3d 92, 93 [App Term, 9th & 10th Jud Dists 2007]).
Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
Nicolai, P.J., and Iannacci, J., concur. Decision Date: March 15, 2013
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|Publication number
|Publication type
|Publication date
|May 31, 1910
|Filing date
|Aug 21, 1908
|Priority date
|Oct 29, 1907
|Publication number
|Henry B Nichols
|Original Assignee
|Henry B Nichols
|Export Citation
|BiBTeX, EndNote, RefMan
|Referenced by (4), Classifications (1)
|External Links: USPTO, USPTO Assignment, Espacenet
Patented May 31, 1910.
960,188. Patented May 31,1910.
Patented May 31, 1910.
4 sums-.3113 a.
960,1 88 Patented May 31, 19-10.
4 SHEETS-SHEET i.
I certain new and HENRY B. NICHOLS, 0F PHILADELPHIA, "PENNSYLVANIA METHOD Ob GRINDING AND SURFACING.
Specification of Letters Patent.
Original application filed October 29, 1907, Serial No. 399,699. .Divided 21, 1908. Serial No. 449,679.
Patented. May 31, 1919.. and this application filed August To (17/ 1 271 0m it may concern:
Be it known that I, HENRY B. Niel-Ions, a citizen of the United States, residing at Philadelphia, in the county of Philadelphia and State of Pennsylvania, have invented useful Improvements in Methods of Grinding and Surfacing, 'of which the following is a specification, refert-ncc being had therein to the accompanying drawing.
Myinvention relates to methods of surfacing, and especially to the surfacing of hollow forms.
It has for its object the introduction of automatic control so as to compensate for variations'in the material operated upon,
irregularities in the machinery, or changes in the driving power, also for wear on the working parts.
The type of machine employed, or in fact the emplovment of a machine as such at all is immaterial. The only mechanical features indispensable to the practice at the method are some form of automatic calipering device and some form of compensation for the working tool or cutter, with a connection between the two. The device may v be operated by hand, or it may be of the type of machines illustrated and claimed in my prior Patents Nos. 807,193 and 807,194, dated December 12, 1905, and 856,721 granted June 11, 1907. For a full understanding of the possibilities of the present invention, these patents should be read in connection with the present specification.
The distinctive and characteristic features of the inventions covered by. my previous patents are, first, the work being held fixed while the cutting or grinding tool is given a double drive so as to produce a cutting motion and a feed motion, and second, the control of both the drives and especially the feed drive so as to permit of manual compensation for wear on the cutting or grindang head.
The characteristic features of the present invention are, first, holding the work or material operated upon in a relatively fixed position, while giving a double motion or drive to the cutting means; second, automatically following or calipering the condition of the cut as it progresses; d third, automatically controlling the fli i lzheu \removal of material through this cdntinuous measuring or calipering process. The-presactuate ent method is particularly suited to such work as the interior surfacing of tubular articles, such as engine cylinders, pieces of ordnance, and the like; but it may also be applied to irregular surfaces, by making small changes in the apparatus with which- 1t 1s practiced.
he present application is .a division of my earlier appllcation Serial No. 399,699, filed October .29, 1907.
In order to convey .a full understanding of my invention, I shall describe herein a complete automatic machine with which the method may be practiced. It is to be clearly understood, however, that the method is not limited to this machine, but as I have stated may be .racticed with either hand or power tools, in combinations of extreme simplicity.
In the accompanying drawings, forming a part hereof, Figure l is a side elevation of a machine embodying my present invention. Fig. 2 is a plan view thereof Fig. 3 is a side elevation of a similar machine mounted on a cantaliver bed for surfacing large hollow forms. Fig. 4 is a detail of one'of the calipers showing a modified form of contacts. F ig'. 5 is a transverse section through one of the calipers, and Fig. 6 is a detail thereof with parts in section.
Referring to the drawings, and particularly to Figs. 1 and 2, A represents the bed of the machine, which may be mounted 111 on pedestals a, or maybe built as a cantalrver structure like that shown in Fig. 3. The form shown 1n Figs. 1 and 2, however, is especially adapted and intended for use with pieces of work that can be fed, so that the machine may remain fixed. Owing to the limited space available within the sight of a Patent Ofiice drawing, I have not been able to show all the connections in F ig. 1, and I have been forced to break away .and foreshorten portions. of the bed and of the work support, as well as the working parts such as the spindle and the calipers. In practice these latter parts would be of relatively greater length than they appear in Figs. 1 and 2.
Upon the bed A I mount the tool support or turret D, and tlfe tail-stock B. Upon the tool support is mounted a swivel yoke d, carrying the frame E by means of trunnions e, which together with the central pintle or swivel mounting of the yoke, give the frame E universal 'motion over the bed. The frame carries bearings for the tool spin- .dle e, upon the end of which is the cutting head or grinding wheel e. It will be understood thatthishead e may represent and be r laced by any desired cutting tool.
pecifically the present machine is a grinder, but the automatic calipering and transmitting rotary motion to the spindle other valuable features should not be limited in the sex: of their application. The spindle e is 'ven by means of a pulley c through bevel gears e and e the gear 6 V being splined on the. spindle to permit lonc and 6 plunger of a solenoid Rm. Eachtime the solenoid is energized its armature is drawn over and by means of the link rm the pawl mp is caused to follow, stepping around the spindle 1", thereby turning the feed screw R, which draws up the nut 1' so as to step the cutting head 6 forward. In grinding thisfeed is especially required to compensate for the decrease in diameter of the wheel a as it wears. a a
The tail of the frame E, is provided with a ball'e fitting in a socket 7 attached eccentrically to the face plate F on the driven tail spindle F. This spindle as well as the main feed screw 9 is turned through suitable belts and pulleys or equivalent connections, as fully illustrated and described in. my prior atents. -As the ratio of speeds of the tool spindle e, the tail spindle f and the feed screw or spindle g are all variable and determinable for any particular work by mere changes in the sizes of the belt wheels or gears, I have thought it unnecessary to illustrate or describe the latter in detail especially as it is-fully set forth. in the patents referred to.
Just forward of the tool support D I mount a pair of transverse slides consisting of. blocks S and S dovetailed onto the bed or frame. On each of these blocks is carried a forwardly projecting slide or arm, and.
upon these slides or arms I mount the auto- 'matic calipers C and C which form' a very important and in fact essential feature of the present invention. The slide carried by block S is marked 0 while that carried by the block S is marked a. The caliper C has a head 0 pivoted at cp on its carriage 0, and provided with a projecting arm c wh1ch cooperates with a fixed and insulated contact point 0 in the control of an electric circuit, one side of which is connected to the scones frame of the machine and the other to the insulated point e. The carriage 0 is pivotally connected to the feed screw 0 which passes back over the slide to a small pair of gears carried in a slide block o The caliper C has the head 0 pivoted at c with an arm .0 and an insulated contact point 0. Its carriage 0" is pivoted on the end of the feed screw 0 passing to the small gear 0 in the slide block 0 The parts appertaining to the two individual calipers are identical, and further description willtherefore be directed only tothose shown in Figs. 1, 5 and 6, and belonging to the caliper C. It will be observed that the slide block 0 carries the two pinions c and 0 the latter being splined on a transverse spindle 0 connected to the ratchet c and through miter gears to the hand wheel a". The
'splining is necessary because the block 0 is thrown back and forward once for each complete rotation of the tail plate F, that is "to say for each rotation of the tool around the surface of the work. This is accom'. 'plished by means of .a lever pivoted at c in a bearing carried on the main frame.
The upper end of this lever is bifurcated as indicated especially in Fig. 2,'the prongs or arms having inwardly extending pins which take into vertical slots in the block 0 The bifurcated arm is splined onto the transverse rock-shaft.- c which constitutes the pivot element of the lever. This is to permit transverse adjustment of the blocks and slides as a unit, as will presently appear. The lower arm ofthelever extends down within the bearings and carries a pin 0 which travels in a cam slot formed in the face of a constantly rotating wheel 0. The slot is shown at 0 in Fig. 1, and isr'e'gular or circular throughout the greater part of its length so as to produce no motion radially of the pin a, but at one portion the slot takes an inward dip so as tot-hrow the pin in and throw the lever arm back so as to draw back the block 0 and with it the carriage c with its caliper C. The cam is set so that this dip and withdrawal will take place immediately after the cutting head 6 has passed the spot touched by the point 0' of theraliper. In short, this entire rigging of slide and cam is intended to momentarily insert the caliper into the path of the cutting head and then to withdraw and-keep the same out of the line of the cutting head until the latter has passed the spot to be touched by point 0 of the'caliper. It will be understood of course, that the two cams governing the two calipers C and C are set witlrtheir dips lSO degrees apart, for obvious reasons. If there are more than two calipers they would be set at corresponding angles, so that each caliper in turn would be inserted into and withdrawn from wheels are constantly driven by means of miter gears connected to a vertical spindle g, off the main feed screw r/.
I have stated that the blocks S and S,
-which carry all of the caliper parts, are
mounted upon transverse slides. These blocks are'adjusted by means of a right and left' hand screw shaft 8 and 8 provided with collars and turning in a fixed bearing 8 against which the collars abut. The shaft is turned to set up the blocks by means of a wrench. This transverse adjustment is W, supposed to be slidably mounted on a fixed support We, and controlled for feed purposes by the main screw g. This is suflicient to indicate the necessary provisions and connections to be made in practice. The calipers have their contacts included in a circuit 7-8, which also includes a battery 9 and a relay 11. This relay has an armature 12 which has a pair ofcontacts controlling the circuit 1-2 taking current from a generator 10, and bridged by capacity 30 13 for the purpose of taking up spark. One branch 34 of this circuit goes to the solenoid Rm, and another branch 5-6 goes to.
each of the solenoids 0 Closure of the caliper contacts on either side results in energization of the relay 11, closure of the circuit 123456, and the passage of Working current through the solenoids Rm and 0 These solenoids all pull up their arms simultaneously, each works its. ratchet, and the cutting head with both the calipers is thereby stepped forward a smallfraction of an inch. It should be noted that this feed is by relatively small divisions of the face of the wheel 6, so that a slight inequality Or wear at the front cutting edge of the wheel effects the calipers and is then corrected after the feed before the-rear edge of the wheel is reached. By this means the accuracy of my machine as a grinder is rendered .much greater that that of the regular boring tools, although the latter if equipped with my system of calipers would give better results than without it.
The 0 eration of my machine will now be sufficient y clear. The adjustments are made for the diameter desired and the operation of the longitudinal feed screw 9 or its equivalent brings the work and together. points (which may advantageously be of hard steel with iridium tips) are pushed along in the same plane with the cutting edge of the wheel. 'As' the latter wears, the cut becomes slightly lighter, and a very slight variatiompushes the pin; 0 or 0' inthe cutting tool- As the cut-progresses, the caliper ward, swinging the long lever c or 0 until it touchesthe contact 0 or 0, either one of these serving to close its branch of the circuit 7-8, and energize the relay 11 to close the solenoids so as to feed the wheel forward and the calipers with it. Since the wheels work on an angle this forward feed of course compensates for Wear. The only case where this is reversed is in outside grinding, as shown in my former patents, when of course the wheel would be secured on the spindle in a position the reverse of that shown in Fig. 1 herein. The ratchets would also be reversed so that all the parts would feed backward'instead of forward. In straight line or plane work, the tail socket 8 must reciprocate straight up and down, the calipers must be brought in so as to be within the diameter of the Wheel, and the latter will then swing in avertical arc, grinding parallel surfaces on its op osite faces simultaneously if desired. This eature is of value in heavy plate work, and where-the plates are fixed in place, and cannot be meved,'as on a ship, the feed screws should move the body of the machine with relation thereto in order to carry the tool over the face of the work. The simplmt way to reciprocate the tail of the frame E up and down is to make a cam slot in the faceplate F on the tail spindle, set the ball or an equivalent pin 6 in said slot and lock the turretD against horizontal rotation. Obviously somewhat similar provision might be made for moving the cutting head horizontally instead of vertically, and with the foregomg remarks the necessary changes willbe obvious to those skilled in the art.
Referring now to Fig. 3, it will be seen that I have-shown the machine mounted on a cantaliver ,-bed,"so, as to indicate its applicability to large tubular work.
In Fig. 4 I'show a form of inclosed con tact, which may be advantageously used on the calipers and will exclude dust, oil, etc. The lever of the caliper works the inclosed contact springs by means of the insulating stud shown.
' I have thusdescribed one embodiment; and have suggested other embodiments of my invention. It is quite obvious that numerous changesand modifications may be made in theapparatus or in the method of its employment. I reserve the right to make such changes myself, and regard them as well within the scope of my claims and of myinvention so longas they do not in- .volve departures from the essential features I and prmclples stated herein. As alread pointed out, my method has particular re -,erence to automatic calipering, and while it can be 'racticed with the apparatus described,- 1t can also be practiced very well with others, 'some of the simplest forms of Having thus described my invention what I claim and desire to secure by Letters one 1. In surfacing, the method of compensating for Wear of the tool, and of maintaining a constant cut at all times, which comprises the following steps:- (1) causing the continuous removal of material from the surface to be reduced while progressing from ortion thereof to-another; (2) gaging the epth of each portion of the out, or the amount of the material removed at periodic intervals alternating with the advance and recession of the cutting means; (3) automatically" determining the position and cutting efiect of .the tool during each period according to the age indication for the pre ceding period, su stantiallyas described.
2. The method of accurately surfacing,
, and of compensating for wear in the surfacing tool, which comprises the following steps: (1) effecting a progressive cut or r'emoval of the material in recurring perio dic cycles-covering related portions of the surface (2) gaging the depth of the cut-for each cycle; and (3) automatically regulating the position of the tool and'the consequent cut for the-next cycle in accordancewith the, gage indications of the preceding cycle, substantially as described,
3. The method of accurate grinding, by
at periodic intervals; calipering ln depth of the cut at alternating int* ,rva1s; and (3) regulating the .position of the grinding, surface and thereby the depth of the cut for ea"ch succeeding interval accord-- ing to the gage indication for the preceding interval, these operations being continuous in their recurrence from the beginning to the end of the cut, so as'to maintain the same constant for a single manual setting of the grinding tool,- substantially as described. I
In testimony whereof I aflix my signature in presence of two witnesses.
'Gno. 'B, TAYLOR,
JAMES Gonna.
|Citing Patent
|Filing date
|Publication date
|May 22, 1950
|Oct 20, 1953
|Du Pont
|Lapping machine
|Nov 13, 1953
|Feb 18, 1958
|Kaiser Metal Products Inc
|Tool adjustment
|Apr 4, 1977
|Jul 24, 1979
|New Asian Corporation
|Apparatus and method for performing aspherical operations on a workpiece
|Jan 14, 1987
|Jan 17, 1989
|Maschinenfabrik Gehring Gesellshaft mit beschrankter Haftung & Co. Kommanditgesellschaft
|Method and apparatus for deburring the inner edge of part of a workpiece
|Cooperative Classification


text:
Allow me to use this month to introduce a hidden gem within the APTA line up of annual meetings and conferences, otherwise known as the APTA Risk Management Seminar (RMS).
The RMS occurred last month in Albany, N.Y. and it was a truly remarkable learning experience for those in attendance. The RMS event brings together transit risk management professionals from all across the country to focus on key topics related to safety, risk management, planning and prevention.
If you ask anyone to pick their favorite presentation from this year's RMS, you would likely get 10 to 15 different answers. I'm not going to summarize every presentation, but here are a couple of my personal favorites. These subjects made my list because they are not commonly addressed during transit events.
RELATED: Find out how to bolster your safety culture at BusCon '16
During this fast-paced and highly-informative presentation, Bill Parsons offered insight into what occurs within the brain of the shooter, and conversely, within the brains of innocent people as they respond to sudden violence and how this gives the shooter such a remarkable and obvious advantage. Bill helped us understand how the shooter's preparation allows them to suppress their emotions and maintain their full-cognitive function, helping them operate in a highly-efficient manner throughout the assault.
Bill shared his personal experiences, as well as riveting stories of law enforcement officers, emergency responders, and common everyday people that were forced to deal with unexpected violence in the familiar surroundings of their work environments and how they managed to survive.
Obviously, it's not appropriate to give away other people's hard-earned expertise, but I can tell you that Bill is extremely knowledgeable and can provide useful strategies, as well as a detailed road map that will help any organization improve their preparation and ability to respond to an active shooter situation. After hearing Bill speak, you will be compelled to improve your situational awareness, define and practice your personal response strategy, and to encourage your organization to develop a comprehensive collection of response plans needed to address the unique complexity of your agency's work environment.
Two key takeaways for me personally are: 1) Trust your intuition. Our gut (subconscious mind) will often 'tell us' when something isn't right. 2) If something isn't right, report it. Share your concerns with colleagues and with the appropriate authorities outside of your organization. Ultimately, it's better to apologize and accept responsibility for being wrong than to regret not sharing information that would have prevented the loss of innocent lives.
RELATED: 1 DART officer killed, 3 injured during Dallas attack
Brock Long from Hagerty Consulting blew my mind (no pun intended) with his presentation warning that an ill-conceived evacuation plan (in response to a natural disaster) can lead to a secondary disaster of our own making.
Brock used case studies of mass evacuation efforts prompted by hurricanes and floods to capture key lessons of what worked and to suggest how we can improve our planning for the future. The concepts of zone-based and phased evacuations were discussed to help us better manage the movement of the ever-growing mass of people that may require shelter from Mother Nature.
The zone-based concept seeks suitable locations that can support evacuees with an emphasis on reducing the distance that must be traveled in order for folks to receive adequate shelter and support.
Phased evacuations optimize our existing infrastructure, which has not kept pace with the population growth experienced in many parts of our country. In the absence of a phased approach, everyone trying to move at the same time causes our roadways and transportation systems to be overloaded causing gridlock and chaos to ensue. An organized approach that is conducted in phases hastens the evacuation process making it much more likely that the evacuation can be completed in a safe and timely manner.
Brock covered a long list of considerations that will help any transit organization prepare a strategy for executing a mass evacuation. HINT: There are many not-so obvious considerations that must be made.
RELATED: How to Improve Sleep Quality for Safe Bus Operation
I'd like to squeeze in one last presentation: "The Comprehensive Safety System Review" conducted by King County Metro (Metro) in Seattle was truly outstanding. This effort seeks to align Metro practices with the County's Enterprise Risk Management Approach and led to a number of interesting discoveries, challenges and creative solutions.
Marc Anderson, risk manager from Metro; Sean Catanese, ERM manager, King County; and Robert Ziegler of Terracon Consultants asked questions, conducted surveys, evaluated processes and procedures, and ignored any pre-conceived notions to conduct a thorough evaluation of Metro's safety systems and culture. Their open and honest evaluation revealed what actions needed to be taken and allowed the team to build an implementation plan to ensure the required work will be done.
This self-prompted review illustrates Metro's willingness to stretch itself beyond mere compliance, instead reaching for the safest version of itself that is possible for them to become. It was interesting to learn how one organization challenged itself to improve and the steps being taken to make it happen.
There were many other highlights including how to create partnerships in your community, how to develop and reinforce safe driving habits, the role of technology in risk management, how to transfer risk and loss, cyber risks and the growing need for cyber security, the Terrorism Risk Insurance Act, video-based risk management products, and the list goes on.
Joan Lynch, risk manager for Houston Metro, put together a great program and the folks at capital District Transportation Authority were amazing hosts. Next year's RMS will be held in San Diego and promises to be another action-packed event. Expect a lot of discussion to address the emerging issues associated with Autonomous Vehicles and related technologies.
4 Things Every Transit Leaders Should Know About Their Front Line
Before closing, the folks at Aon Risk Solutions are collaborating with APTA's Risk Management Committee to compile a comprehensive benchmarking analysis report identifying the top risks for public transit. Data is being collected through a survey that has been sent directly to APTA Members seeking their input. The deadline for participation has been extended to July 22nd. Respondents will receive a free copy of the report, due out sometime in the Nov/Dec timeframe.
I hope you will consider attending next year as you will definitely learn something that will provide immediate benefits to your organization. Better yet, you can attend and make a presentation to share your knowledge and the good work being done at your agency. That's a win-win.
Steve Mentzer is Enterprise Sales Director, Public Transit and Government Fleets, for Lytx.
Soon after reaching my 20th year in the transit industry, back in 1993, after a draining day of addressing routine bus issues, I would cross paths with another employee, who I always remember, seemed to be quietly "doing his own little daily gig."
Years ago, I was with Louie Maiello when someone walked over and asked him for some advice: "We're having problems with people remembering to secure the bus before they leave their seat. Do you have any advice? How can we get them to remember?" Without missing a beat, Louie said "PIN it." The advice seeker happened to be a veteran mechanic, so he understood and walked away to resume his work. I stood there for a while scratching my head. Pin it?
Diagnose, Prescribe & Follow-Up, are the usual doctor's actions that are utilized when visiting the doctor's office for whatever is ailing us. This formula should also apply within your training department with regard to the ailment of Bus Collisions.
If we encourage our operators to treat operating a bus as a shift-long Zen moment, we may be able to reduce preventable crashes by a significant amount. The "Zen Operator," who drives precisely at all times, is also less stressed. The Zen Operator flows through difficult, tight situations easily and their body language and vibe give passengers a sense of confidence. The operator whose passengers have a white-knuckle death grip on the back of the seat in front of them is not practicing "Zen Bus Operation."
Ah, summer. Pool parties, barbecues, the smell of honeysuckle and the sight of lightning bugs. Or — a rise in crime, agitated riders seeking air conditioning, heat stroke, a new fiscal year, and the necessary, but unpopular, fare increases. However you view the summer months, with a direct correlation between high temperatures and increased crime, it's vital for transit leaders to be asking themselves, "Have we done everything possible to keep our people safe?"
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Located within just few miles from RT-309 and minutes from Quakertown Shopping Plaza, this lovely single house has a large backyard and modern open floor layout which makes it look very big and specious. Cathedral ceiling in foyer and living room and nice sized bedroom makes it easy for a growing family to accommodate everyone's need. Large Trex deck and large lot besides common area gives resident of this house plenty of outdoor options. This very well maintained house is priced to sell and owners are motivated to sell. One year home warranty is also included, so bring your buyers and offers; every reasonable offer will be considered.
Listing Area: Richland Twp
The data relating to real estate for sale on this website appears in part through the TREND Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which Callaway Henderson Sotheby's International Realty participates, and is provided by TREND through a licensing agreement and identified with the TREND IDX Logo. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale. Some real estate firms do not participate in IDX and their listings do not appear on this website.Some properties listed with participating firms do not appear on this website at the request of the seller.
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By comparing modern counterinsurgency doctrine and operations to those of 1960s, this paper tests and ultimately disproves the assumption that doctrine as written and operations as conducted are tightly linked. Ingrained organizational concepts and beliefs have a much greater influence on operations than written doctrine, and altering these beliefs will require the U.S. military to reorient itself mentally as well as physically.RAND Counterinsurgency Study--Paper 6 Austin Long ... Thus, COIN doctrine should provide a general guide to the conduct of a campaign that both (1) results in effective security and governance ... Small Wars Before COIN: U.S. Experiences Prior to 1960 COIN emerged as both a concept and a concern only in the aftermath of World War II. ... to civilian populations to accomplish its goals.7 Equally importantly, the Army conducted both the Civil War and Indian Wars without having toanbsp;...
|Doctrine of Eternal Recurrence--The U.S. Military and Counterinsurgency Doctrine, 1960-1970 and 2003-2006
|Austin Long
|Rand Corporation - 2008-06-09


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Post and click on the "difference" ♪ waldbronn Lace Curtains.
Security Privacy blind curtains
|■ Kipper ■
|Dainty look smooth and soft texture to praise
| ■ is the recommended Windows of this place!
"Out the window is road '
But it's not facing the girls room, road privacy concern
"But on the apartment floor, vantage point outside from plain view!?"
"Narrow between the neighbor, I see in the House!"
"Narrow width of the road in front of the House, so visible in the House even curtains..."
Here it is many years, such as voyeur or stalking scary incident....
It's privacy also must be involved in such scary incident still bothers.
All day pulling the thick curtains and rooms will be getting dark.
During the day, rooms are bright is spent, what's that lightheadedness.
It is this mirror curtains.
In UV-cut and lightly damaged flooring and mats, rooms, heating and cooling efficiency
Rate up!
If you choose the same mirror curtains, clean, lovely stuff!
Only this functionality and quality in this price if our top!
Allows both day and night, rest assured.
1.5 Times the UV cut with Hida 2ツ山 specification.
Is the product will satisfy with a rich texture and luster moderate, beautiful drape.
| ★ Please compare! So different! ★
|General drapery (day)
|General drapery (night)
| Seen from the outside and the inside of the
Light will shine through.
| At night, lights and
Inside is better too.
This wave Ron said...
|Waldbronn (day)
|Waldbronn (night)
| Cut the look from the outside,
Protects your privacy.
| Even light a lamp
Difficult to see from the outside, it is safe!
| Dough product number is above waldbronn BB4142-03 And the different
It is photography shines through and so experimented in waldbronn curtains of the same grade of the same manufacturer.
| ■ Special yarn (四ツ山 squamous cell cross section shape) allows
Difficult to put lighting at night, curtains
Eyes dazed effect light is reflected and transmitted light refracts
Special purpose lens effect that combines "waldbronn"
(四ツ山 squamous cell cross section shape) adoption. Making use of fiber shape
Cut the look from the outside in the organization. Seen as difficult to
Better privacy protection.
|Features of the wave ' Ron'
|● Incorporates reasonably opaque to light from the outside
|● Is a hard day of course night indoor to be transparent curtains
|● In addition to the excellent functionality, elegant glossy and elegant drape of views
| ↑ dough expansion
Rustling and straw かい生 land is a simple texture.
What kind of room and also any interior and also become familiar with and
It is curtains.
| ■ composition: 100% polyester
■ specifications: 1.5 times folds 二ツ山
■ size: 100 x 176 cm
Using waldbronn
Miller curtain
Rest assured allows both day and night!
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Cut mat Tan!
★ Does not fit... that if you
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|Credit Card
|We accept credit and debit cards.
The following credit and debit cards can be used:
•American Express
This product cannot be shipped to United States from the store.
Please contact the store for further information.


text:
Twitter keeps getting more popular, more useful and more valuable to
companies. It is becoming a rock star in the world of customer
engagement tools.
But many people are skeptical, or at least unsure. Is it mostly
hype? Will it fade away? Or is it a serious tool I should be using in
my business?
Here are six reasons you should consider using Twitter to serve and connect with your customers.
1. It will bring you closer to your customers.
Twitter's number one strength is its ability to connect people in
real time. It does this better than any other tool and it keeps
getting better. Hundreds of companies are already using Twitter to talk
with their customers.
Twitter can make it easy, convenient and fast for your customers to
communicate with you. That's what customers want. Why not give it to
2. It will make you smarter.
Twitter is a living breathing up-to-the-microsecond database of
knowledge. You can use it to quickly and easily learn what people are
saying about your company, your brand, your product, your industry,
your competitors and almost anything else you can think of.
And the tools available to mine this data from Twitter get better
every day. Once you learn how Twitter and these tools can work for you,
it becomes easy to monitor the pulse of your industry using Twitter.
3. It can put you ahead of your competitors.
Because Twitter is new and not yet mainstream, most businesses are
not using it. Many will take years. (I still know of some companies
that don't have email.) But because it is already a proven tool to
communicate with customers, it can give you a big competitive advantage.
Depending on your industry and location you could be way ahead of your competition if you become knowledgeable of Twitter and its benefits.
4. It's cool.
Okay, I know coolness is not typically a good business reason to try
something. But in this case it might be. Because Twitter is hot right
now, your company can get a brand boost in the "we're up to date with
new stuff" department.
It tells people (customers, employees, potential customers, media)
that you're not out of date. It says you're in the game and in the
know. And it gives you a reason to start conversations with people.
It's something people are already talking about so you can use it to
become part of the conversation.
5. It's free.
Like coolness, "free" is usually not a compelling reason to start
using a new tool for your business. But we're in a challenging economy.
We all need to be smart in how we use our resources. Investors,
customers, even employees like to know they're associated with a
company that spends its dollars wisely.
Twitter's reach and influence is growing daily hourly. It's value is growing just as fast. It would be short-sighted to ignore something this big that doesn't cost anything.
6. It's new.


text:
Confused about nutrition and eating healthy? Our nutrition expert bloggers are here to make healthy eating easy, fun and tasty! Learn eating basics and facts about nutrition, so that you can arm yourself with a nutrition plan. Read blogs about living vegetarian or gluten-free, or find new recipes written by nutritionists and healthy eating enthusiasts.Nutrition Blogs by Category:
Hope Warshaw is a nationally recognized and respected dietitian and diabetes educator who applies more than 25 ...
|Snack Girl
Lisa Cain, Ph.D., is the CEO of Snack-Girl.com. She has been featured in Glamour.com, The Consumerist, and the LA ...
Catherine McCord launched Weelicious in 2007, providing a solution to parents' hectic lives by showing them how ...
The world's largest spa media, marketing, and gifting company, SpaFinder, Inc., connects millions of ...
|Kaitlin Garder
Kaitlin Garder is the founder of An Apple Per Day (www.anappleperday.com). She has a passion for the outdoors and strives to leave as ...
|Low Fat Trap: Low-Fat Snacks Higher in Calories
Posted @ 8:00am ET on November 23, 2012
Blog: Diet Talk from the Doc
By DrDiet
At holiday celebrations, in movie theaters and in homes, Cornell studies show that people eat an average of 28% more total calories when they eat low-fat snacks than when they eat regular ones. To read the full article, click here: Do Low-fat Foods ...
|Staying on Track on Thanksgiving Day
Posted @ 2:00pm ET on November 21, 2012
Blog: Dietitian Consult
By DietitianConsult
Thanksgiving day is a time for family, fun and food! Just because it's a holiday pretty much devoted to food, doesn't mean you have to completely derail all your diet efforts. However, it is a day to really enjoy good food and good company, so enjoy ...
|Gluten Free S'mores Rice Krispie Treats!
Posted @ 4:00pm ET on November 20, 2012
Blog: Danielle Prestejohn
By DPrestejohn
I love asking for suggestions for recipe swaps! I love taking not so healthy recipes and making them just a bit healthier, gluten free, or Paleo! Sometimes things works sometimes they don't but I've finally perfected a recipe by request of Katie from Wish ...
|Stunning Yet Simple Salad Worthy of Thanksgiving
Posted @ 10:00am ET on November 20, 2012
Blog: Everyday Healthy Eating
By Maggie Moon, MS, RD
Maybe it's because my birthday is in the fall, but it's always been one of my favorite seasons. As a New Yorker, fall meant perfect, crisp afternoons in Central Park. As a traveler, fall meant globally amicable weather from Seoul to Paris to New Orleans. ...
|Soda: Nothin' But Trouble!
Posted @ 8:00am ET on November 19, 2012
Blog: Dietitian Consult
By DietitianConsult
In my personal opinion, I'm not a fan of soda in general. Whenever someone is interested in weight loss, I always start with what they're drinking. I've also written multiple times in my blog about my distaste for the calorie-filled fizz. It's high in ...
|Avoid Holiday Stress Eating
Posted @ 8:30am ET on November 18, 2012
Blog: Diet Talk from the Doc
By DrDiet
Though stress eating is common throughout the year, it increases especially among women at holiday time to 33% of women, up from 25%, according to a national survey conducted by the American Psychological Association. Comfort eating and unhealthy drinking ...
|Healthy Orange Foods
Posted @ 12:00pm ET on November 16, 2012
Blog: Fresh Ideas for Healthy Living
By Cheryl Tallman
Brightly colored orange foods are good for your eyes, skin, immune system and heart. Orange foods contain high amounts of carotenoids; these compounds help provide Vitamin A, or retinol, to the body. Vitamin A helps us see at night, keeps our immune system ...
|Mediterranean Diet Slims Down Allergies Too
Posted @ 9:00am ET on November 16, 2012
Blog: Diet Write
By DietWrite
Making healthy food choices proves to stop more than just obesity, as researchers found a link between the Mediterranean Diet and the prevention of allergy and asthma symptoms. The Mediterranean diet is rich in fruit and vegetables, whole grain bread, ...
|Craving A Quesadilla? Come 'n Get It!
Posted @ 9:00am ET on November 13, 2012
Blog: Janel's Vegetarian Kitchen
By Janel Ovrut
I was on a quest to make quesadillas... but one without all the high-fat ground beef and goopy calorie-laden cheese you might find in a typical quesadilla. Trader Joe's came out with a new BBQ pulled "chick'n" (seitan based) and I already had some ...


text:
Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Gene Johnson
(515) 290-0044
Email Agent
Gene Johnson
(515) 290-0044
Email Agent
Property DetailsWonderful home in a great location! This well maintained home sits on a corner lot with many mature trees and a private backyard patio. A great updated kitchen with an eat-in area, formal dining and two living spaces on the main level. The upper level has a master bedroom and bath, with two additional bedrooms and bath. The lower level has a great finished space for a rec room or office. Nice 'work shop' are in the lower level as well. This home is a must see!
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Additional Property InformationThis single family listing located at 2617 Pierce Avenue, Ames, IA offers three bedrooms, two bathrooms and one partial bathroom. The property is currently priced at $227,000.
Additional features include appliances: dishwasher,disposal,dryer,microwave,range,refrigerator,washer; basement: partial; fireplace: wood; flooring: carpet,hardwood,vinyl; features: ceiling fan(s),patio,porch - open,skylights,sump pump,window treatment(s); interior trim: painted; kitchen cabinets: painted; water heater: gas.
This property is presented by Gene Johnson of Hunziker & Associates, Realtors based in Iowa.


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May 27, 2009
ALEX O., PETITIONER,v.THE SUPERIOR COURT OF SAN DIEGO COUNTY, JUVENILE DIVISION, RESPONDENT;THE PEOPLE, REAL PARTY IN INTEREST.
(Super. Ct. No. 220327).
Certified for publication 6/10/09 (order attached)
In this extraordinary proceeding, a juvenile, who is a United States citizen, lives with his mother in Mexico and admitted smuggling marijuana into the United States. As a condition of probation, the juvenile court ordered that the juvenile not enter the United States except to attend school, work, or visit his family. In addition, the juvenile was ordered to notify his probation officer before he enters the country.
In large measure the conditions imposed on the juvenile are not valid. The court could not expressly banish the juvenile from the United States. Such an express condition would plainly be overbroad and not reasonably related to the juvenile's underlying smuggling offense. For the same reasons the juvenile court could not impose limits on the purposes for which the juvenile could enter the United States, which limits, taken together with the juvenile's living arrangements, effectively banished the juvenile from the United States. However, because any border crossing by the juvenile is closely related to the juvenile's underlying smuggling offense, the court could reasonably require that the juvenile give his probation officer notice of when he enters the United States so that the probation officer could take steps to make certain the juvenile does not engage in further smuggling.
Alex O. is a United States citizen. On August 19, 2008, 17-year-old Alex attempted to enter the United States from Mexico at the San Ysidro Port of Entry. He handed a Customs and Border Patrol Officer his identification card, and stated he had been in Mexico to see his mother who lives there. Upon noticing Alex was wearing two oversized shirts, the officer escorted him to the supervisor's office where Alex consented to a search. The officer discovered four packages taped to the front and back of Alex's legs. The packages contained 2.2 kilograms of marijuana. Alex told the officer he bought four pounds of marijuana for $400 in Mexico. He said he was going to take the marijuana to a relative's home, conceal it, and use it during the next few months.
On September 9, while at the East Mesa Juvenile Detention Facility, Alex agreed to be interviewed. He reported a friend offered to pay him $400 to transport marijuana across the border. Although he knew it was illegal, he explained he accepted the job because his mother was having difficulty paying the rent and buying other necessities and his father does not give his mother enough money to support the family. He admitted he taped the packages of marijuana to his legs and took a taxi to the border, carrying a cellular telephone to contact his friend after he crossed the border.
Before his arrest, Alex lived in Mexico with his mother, who is undocumented and cannot enter the United States. Alex had been living with his mother in Mexico for approximately three and a half years. He has a very good relationship with his mother. Conversely, Alex's father lives in Rialto; Alex has never lived with his father and he has a poor relationship with him. At the time of his arrest, Alex was not enrolled in school nor gainfully employed. He reported he helped his uncle with his landscaping business, but was paid very little money. Alex admitted to transporting marijuana across the border in exchange for payment of $400. He agreed to the illegal act because his mother was having financial difficulties and his father does not give his mother enough money to support the family.
Alex admitted possessing marijuana for sale. The court declared Alex a ward on September 17, 2008, committed him to Camp Barrett for 365 days and stayed the commitment. In apparent response to our holding in In re James C. (2008) 165 Cal.App.4th 1198, 1203 (James C.), in which we held that the juvenile court could not simply banish a juvenile United States citizen to Mexico where he lived with his grandparents, the juvenile court instead placed Alex on probation on the condition Alex return to his mother's residence in Tijuana, Mexico and not enter the United States except to attend school, meet with his probation officer, complete the terms of probation, seek or maintain employment, or visit his father and family members. The court further ordered Alex to advise his probation officer, in advance, when he is going to cross the border.
Alex filed this petition, arguing the court abused its discretion by imposing probation conditions restricting his entry into the United States. Alex asserts: (1) the probation conditions are unreasonable because they are not reasonably related to the crime he committed or to future criminality; and (2) the probation conditions are unconstitutional because they are not narrowly tailored to serve the rehabilitative goals of probation. We issued an order to show cause.
We review a juvenile court's imposition of a probation condition for an abuse of discretion. (People v. Carabajal (1995) 10 Cal.4th 1114, 1121.) As we noted in In re Christopher M. (2005) 127 Cal.App.4th 684, 692-693:
"The juvenile court is statutorily authorized to place a ward on probation and 'impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.' [Citation.] [Welfare and Institutions Code] [s]section 730 grants courts broad discretion in establishing conditions of probation in juvenile cases. [Citation.] '[T]he power of the juvenile court is even broader than that of a criminal court.'
[Citation.] The juvenile court's exercise of discretion in establishing conditions of probation in juvenile cases 'will not be disturbed in the absence of manifest abuse.' [Citation.] [¶] A juvenile probation condition is generally valid unless it '(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.' [Citations.] [¶] As explained in In re Antonio R. (2000) 78 Cal.App.4th 937, 941, 'juvenile conditions may be broader than those pertaining to adult offenders. This is because juveniles are deemed to be more in need of guidance and supervision than adults, and because a minor's constitutional rights are more circumscribed. The state, when it asserts jurisdiction over a minor, stands in the shoes of the parents. And a parent may 'curtail a child's exercise of the constitutional rights . . . [because a] parent's own constitutionally protected 'liberty' includes the right to 'bring up children' [citation,] and to 'direct the upbringing and education of children.' [Citation.]" [Citations.]' The Antonio R. court further explained that even conditions infringing on constitutional rights may not be invalid if they are specifically tailored to fit the needs of the juvenile. [Citation.] In planning the conditions of a juvenile probationer's supervision, the juvenile court must consider both the circumstances of the crime and the juvenile's entire social history. [Citation.]" (In re Christopher M., supra, 127 Cal. App. 4th at pp. 692-693, italics and fn. omitted.)
Nonetheless, as we recently noted in James C., "regardless of the juvenile court's broad discretion to impose probation conditions, its authority to do so is not without bounds." (James C., supra, 165 Cal.App.4th at p. 1203.) In James C. the juvenile, like Alex, was a United States citizen living in Tijuana, Mexico. The juvenile attempted to drive a stolen car across the border with undocumented aliens in it and was arrested at the San Ysidro Port of Entry. As in Alex's case, the juvenile court committed the juvenile to Camp Barrett for 365 days and stayed the commitment. As a condition of probation, the juvenile court ordered that the juvenile return to his grandparents' home in Tijuana, Mexico and not return to the United States during the term of his probation. On appeal we reversed.
We found that the banishment condition was unreasonable because it was not related to the crime the juvenile committed or future criminality. "James had no criminal history and no history of involvement with alcohol, drugs or gangs. He was not a high risk to reoffend. Prohibiting James from entering the United States was not reasonably related to his crime of receiving a stolen vehicle or to future criminality. The probation condition did not have a rehabilitative purpose." (James C., supra, 165 Cal.App.4th at p. 1203.)
In James C. we also found the banishment condition was unconstitutional. In doing so, we considered a number of cases which invalidated broad geographical limitations on probationers' right to travel. (See In re Babak S. (1993) 18 Cal.App.4th 1077, 1085; In re White (1979) 97 Cal.App.3d 141, 143-144; People v. Bauer (1989) 211 Cal.App.3d 937, 940; Alhusainy v. Superior Court (2006) 143 Cal.App.4th 385, 390-392.) "Conditions of banishment affect the probationer's basic constitutional rights of freedom of travel, association and assembly. [Citation.] Thus, in order to survive constitutional scrutiny, such conditions not only must be reasonably related to present or future criminality, but also must be narrowly drawn and specifically tailored to the individual probationer." (In re Babak S., supra, 18 Cal.App.4th at p. 1084.) In James C. we found the banishment of the juvenile from the United States was neither narrowly drawn or specifically tailored to the juvenile's circumstances and hence was unconstitutional. (James C., supra, 165 Cal.App.4th at p. 1205.)
Although the result in In re Antonio, supra, 78 Cal.App.4th at pages 941-942, is different from the result we reached in James C., the two cases are consistent. In In re Antonio, the juvenile, a resident of Orange County, had an extensive criminal history which involved his association with a criminal gang located in Los Angeles County. Previous efforts at rehabilitation, including prior commitments to juvenile programs had failed to rehabilitate the juvenile. Thus as a condition of probation following commission of yet more crimes in Los Angeles, the court required that the juvenile stay out of Los Angeles County unless accompanied by a parent or with prior permission from the probation officer. In finding that this limitation on the juvenile's travel met constitutional muster, the court stated: "Antonio has been involved in extensive and recent criminal conduct in Los Angeles County. His gang holds court in at least a portion of the county, and it is readily inferable that his criminal behavior is related to his associations. His parents and residence are in Orange County, which distinguishes this case from those cited above where the probationers were effectively banished from their homes." (Id. at pp. 941-942, fn. omitted.) Importantly, the court noted that the ban on travel was not absolute: "[W]e have confidence that any reasonable request to travel within Los Angeles County will be honored by his parents or the probation officer, and this safety valve save the condition. In essence, the minor may not travel 'extra-locally' without his parents' cooperation or his probation officer's assent. This does no more than reaffirm the traditional parental prerogative." (Ibid.) Unlike the record in In re Antonio, in James C. there was no lengthy criminal history or failed rehabilitation efforts which justified the extraordinary intrusion on the juvenile's right to travel and freely associate.
As we have indicated, the probation conditions imposed by the juvenile court prevent Alex from entering the United States except to attend school, meet with his probation officer, complete the terms of his probation, seek or maintain employment, visit his father and family members. He is also required to notify his probation officer in advance when he is going to cross the border.
Given Alex's current social circumstances, it is not likely that any of the circumstances under which he is authorized to travel to the United States will arise during the course of his probation. He lives with his mother in Tijuana, does not attend school there or in the United States, is not working, does not appear to have any family proximate to the border and does not have a good relationship with his father. Thus the school, work and family exceptions to the travel ban are not likely to occur. Moreover, as Alex points out in his petition, although he is a United States citizen, under the juvenile court's order he may not travel to the United States to go to the beach, to the zoo, to Balboa Park or to a movie. Indeed, under the trial court's order there is no place in the entire United States he may travel except for the limited purposes set forth in the juvenile court's order. In short, although the juvenile court's order is not an express banishment from the United States, its practical effect on Alex is almost indistinguishable from a banishment.
As in James C., the substantive limitations on travel to the United States are not closely related to either the crime Alex committed or the risk of future criminality. The crime Alex committed commenced in Tijuana and ended at the port of entry. There is little if any indication that Alex's ability to travel freely once inside this country is closely related to his smuggling activity. Most importantly, there is nothing in the record which suggests he has a lengthy criminal history or that previous rehabilitation efforts have failed. Plainly, if the record disclosed a criminal history similar to the one considered by the court in In re Antonio, a very substantial limitation on Alex's ability to travel might be fully warranted, especially if it were associated with a particular geographic part of the country. Here, however, there is no such record.
The lack of a direct relationship between the substantive limitations and Alex's crime make those limitations unreasonable. For very similar reasons, the limitations are also unconstitutional. The limitations are not narrowly drawn: as we have seen, they cover the entire United States. Moreover, the substantive limitations are not tailored to Alex's social situation. As we have found, given Alex's living situation and his unfortunate relationship with his father, the exceptions to the travel ban permitted by the juvenile court are not likely to arise very often, if at all.
The one condition which is reasonable and does meet constitutional muster is the requirement that Alex notify his probation officer before he enters the United States. Plainly, it is Alex's United States citizenship and absolute right to enter the country which made him vulnerable to a smuggling operator in Tijuana and will make him vulnerable in the future. With advance notice, the probation office can alert immigration authorities at the border and prevent any further smuggling attempts. Importantly, the notice requirement poses no substantial burden on Alex. He may come to this country when he wishes for any lawful purpose, so long as he takes the relatively simple step of giving his probation officer notice of his plans. In short, the notice requirement is related to Alex's criminal history and future criminality and is both narrowly drawn and tailored to Alex's circumstances and record.
Although in the border region there are no doubt juveniles for whom substantial travel limitations are an appropriate means of promoting rehabilitation and preventing future criminality, the record here does not support imposition of such limitations. Let a peremptory writ of mandate issue directing the juvenile court to vacate the September 17, 2008 order and enter an order limited to the following: "Minor shall give the Probation Officer notice prior to entering the United States."
WE CONCUR: McINTYRE, J., IRION, J.
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Cheesecake Chip Dip
Total Time
Prep 5 mins
Cook 0 mins
From Cooking Light - I will have to try this soon. For a stylish touch you can serve this as a tasty dip in martini glasses.
Ingredients Nutrition
- 3 ounces neufchatel cheese
- 2 tablespoons white sugar
- 3 tablespoons low-fat milk
- 2 cups frozen fat-free whipped topping, thawed
- 1 teaspoon vanilla extract
- In a mixing bowl, combine the Neufchatel cheese, sugar, and milk.
- Mix thoroughly until well blended and smooth.
- Gently combine the frozen fat free whipped topping and vanilla with the mixture.
- Serve chilled with assorted fruits, marshmallows, or chunks of chocolate for dipping.


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