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February 23, 2012
THE PEOPLE OF THE STATE OF CALIFORNIA BY AND THROUGH SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT,PLAINTIFFS,v.HARDESTY SAND & GRAVEL, A CALIFORNIA BUSINESS IN A FORM UNKNOWN, JOSEPH HARDESTY AS AN INDIVIDUAL AND AS THE OWNER OR OFFICER OF HARDESTY SAND & GRAVEL; YVETTE HARDESTY AS AN INDIVIDUAL AND AS THE OWNER OR OFFICER OF HARDESTY SAND & GRAVEL AND DOES 1-25, INCLUSIVE, DEFENDANTS.
This matter comes before the Court on Plaintiffs The People of the State of California by and through Sacramento Metropolitan Area Air Quality Management District's ("Plaintiffs" or "District") Motion to Remand(Doc. #10). Plaintiffs ask the Court to remand this action back to state court on the grounds that the Court lacks jurisdiction. Defendants Hardesty Sand & Gravel, Joseph Hardesty, and Yvette Hardesty, collectively ("Defendants"), oppose the motion (Doc. 2 #12).*fn1 3
A. Regulatory Background 5
The Federal Clean Air Act, 42 U.S.C. § 7401 et seq., 6 ("CAA") established a combined state and federal program to 7 control air pollution. The CAA "establishes a federal framework 8 for ensuring the nation's air quality," but gives states the 9 "primary responsibility" for implementing the Act and achieving clean air standards. California v. United States, 215 F.3d 1005, 1007 (9th Cir. 2000). 2
The direct regulation of emissions from stationary sources is primarily left to the states. CAA § 116, 42 U.S.C. § 7416; see also Engine Manufacturers Ass'n v. EPA, 88 F.3d 1075, 1079 (D.C. Cir. 1996) [hereinafter "EMA"] (describing a "history of detailed state regulation of stationary sources"). On the other hand, the federal government sets nationwide emissions standards for mobile sources. The category of "mobile sources" includes both motor vehicles and "nonroad" sources. See CAA § 202, 42 U.S.C. § 7521 (giving the Administrator of the Environmental Protection Agency ("EPA") the authority to set emissions standards for new motor vehicles); CAA § 213, 42 U.S.C. § 7547 (same for nonroad sources).
States must develop plans for achieving the federal air quality standards, including regulations governing vehicle and engine use, as well as requirements controlling and limiting emissions from stationary and other pollutant sources. 42 2
U.S.C. §§ 7410, 7416, 7511a, 7521, 7543(d). As long as the 3 plans demonstrate attainment of the federal standard, states are 4 "at liberty to adopt whatever mix of emission limitations [they] 5 deem[] best suited to [their] particular situation." Train v. 6 N.R.D.C., 421 U.S. 60, 79 (1975). 7
In California, the Legislature gave the California Air 8 Resources Board ("CARB") primary authority for controlling 9 vehicular air pollution, but delegated the principal authority over all non-vehicular sources, including area-wide, indirect, stationary and portable sources, to 35 local air districts. See 2 Cal. Health & Safety Code § 40960.
Accordingly, CARB created the Portable Equipment Registration Program ("PERP"), which allows engine owners to register their engines once with the State rather than obtain local permits in each air district in which they operate.
Plaintiffs regulate air quality at the local level. To meet state and federal standards, the District has adopted a permitting scheme under Sacramento Metropolitan Air Quality Management District Rule and Regulation, Rule 201 ("Rule 201"). See Pittard Decl. (Doc. #10-3, Ex. 1). Rule 201 requires any business or person to obtain an Authority to Construct ("AC") or a Permit to Operate ("PTO") before installing or operating new equipment or processes that may release or control air contaminants. See id.
B. Factual Allegations and Procedural Background According to Plaintiffs' Complaint, Defendants operate a sand and gravel mine in a rural area in southeast Sacramento County that historically was the site of gold mining operations. 2
The gold mining left tailings consisting of soil, sand, and 3 gravel. Defendants' mining process involves digging out these 4 tailings and placing them on machinery that separates the 5 material according to type and size for use in construction and 6 other industries. 7
Defendants' facility is typical for this type of operation. 8
There is an "active mine" area where tailings are removed and 9 roughly sorted and a "central plant" where the materials are further sorted and stockpiled for sale to customers. As a result of its ongoing operations, the central plant has been 2 moved throughout the site on a more or less regular basis chasing new deposits of sand and gravel.
Defendants applied for and obtained PERP registrations for some of the engines and equipments used at the mine site. The central plant engine was registered under PERP, but the central plant equipment was not. Defendants did not obtain a local air district permit for any of the engines or equipment at the mine site.
Plaintiffs learned of Defendants' operation in August 2006. They issued a notice of violation for operating a sand and gravel facility without a permit.
On June 10, 2009, Plaintiffs filed a Petition for Order of Abatement before the Hearing Board of the Sacramento Metropolitan Air Quality Management District ("the Board") alleging that Defendants were operating engines and equipment without a valid permit in violation of Rule 201. Following a multi-day hearing, the Board issued an Abatement Order finding Defendants in violation. See Pittard Decl. (Doc. # 10-5, Ex. 3) 2
(Abatement Order). The Board ordered Defendants to cease 3 operation of the central plant equipment and all internal 4 combustion engines with a rating greater than 50 horsepower 5 until Defendants obtained a permit from the District. Id. 6
Defendants filed a writ of mandate challenging the Board's 7 decision in Sacramento County Superior Court. On August 17, 8 2010, the Superior Court denied Defendants' writ. See Pittard 9 Decl. (Doc. # 10-6, Ex. 4) (Judgment Denying First Amended Verified Petition for Writ). Defendants appealed the trial court's decision on November 17, 2010. The Third District Court 2 of Appeal affirmed the Superior Court's decision. See Hardesty v. Sacramento Metropolitan Air Quality Management District, No. C065784, 2011 WL 6779313 (Cal.Ct.App.3d, Dec. 27, 2011).
The instant matter concerns civil penalties to be assessed against Defendants for operating the mine and related engines without valid PERP registration or district permits. Plaintiffs filed the Complaint for Civil Penalties (Doc. #1) on April 13, 2011 in the Superior Court of California for the County of Sacramento. The Complaint alleges three causes of action:
(1) Operation of Engines and Equipment without a Permit and Emission of Toxic Air Contaminants, (2) Violation of Abatement Order; and (3) Failure to File Annual Reports. Plaintiffs pray for civil penalties to be assessed against Defendants.
Defendants removed the action to this Court on August 26, 2011 on the basis that Plaintiffs' claims arise under the Federal Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq. See Doc. #1.
A. Legal Standard
1. Motion to Remand
Any civil action brought in a State court of which the 5 district courts of the United States have original jurisdiction, 6 may be removed by the defendants, to the district court of the 7 United States for the district and division embracing the place 8 where such action is pending. 28 U.S.C. § 1441(a). 9
Removal of a case to a United States district court may be challenged by motion. 28 U.S.C. § 1441(c). On a motion to remand, the removing defendant faces a strong presumption 2 against removal, and bears the burden of establishing that removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir. 1992).
Where, as here, when the parties are not diverse, "federal-question jurisdiction is required." Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). The court must determine whether the complaint affirmatively alleges a federal claim. Beneficial Nat'l Bank v. Anderson, 539 U.S. 1, 6 (2003). Under the "well-pleaded complaint rule," federal jurisdiction is present "only when a federal question is presented on the face of plaintiff's properly pleaded complaint." Caterpillar, 482 U.S. at 392. "A defense that raises a federal question is inadequate to confer federal jurisdiction." Merrill Dow Pharm., Inc. v. Thompson, 478 U.S. 804, 808 (1986).
2. Judicial Notice
Plaintiffs request judicial notice of the following documents:
(1) Rule 201; (2) Order of Abatement; (3) Judgment Denying First 2 Amended Verified Petition for Writ of Mandate And Complaint For 3 Declaratory And Injunctive Relief; and (4) December 27, 2011 4 decision of the Court of Appeal of the State of California, 5 Third Appellate District in Case Number C065784. Plaintiffs' 6 Req. for Judicial Notice (Doc. #10-1, Exs. 1-3; Doc. #13-1, Ex. 7
A). Defendants do not object to Plaintiffs' request. 8
Courts may consider extrinsic evidence when plaintiffs' 9 claims depend on the contents of a document and the parties do not dispute the authenticity of the document. Knievel v. ESPN, 393 F.3d 1069, 1076 (9th Cir. 2005). Accordingly, the Court 2 grants Plaintiffs' request for judicial notice pursuant to Federal Rule of Evidence 201.
B. Claims for Relief
1. The Complaint As A Basis For Removal
As discussed supra, under the "well-pleaded complaint rule," federal jurisdiction is present "only when a federal question is presented on the face of plaintiff's properly pleaded complaint." Caterpillar, 482 U.S. at 392. For a case such as this, in which the causes of action are based on state law, "the federal interest at stake must be substantial." Ormet Corp. v. Ohio Power Co., 98 F.3d 799, 807 (4th Cir. 1996). "[T]he mere presence of a federal issue in a state cause of action does not automatically confer federal-question jurisdiction." Merrell Dow, 478 U.S. at 813. The essence of a preemption claims is that state law conflicts with a federal law and should give way. As discussed below, no such conflict exists in this case.
Defendants argue that the District's legislative authority 2 to create rules is delineated by Health & Safety Code section 3 41010 which requires that the District's rules not conflict with 4 state and federal laws, rules, and regulations. Cal. Health & 5 Safety Code § 41010 (a). Thus, Defendants continue, as a matter 6 of California law, any court hearing Plaintiffs' Complaint must 7 interpret and construct federal law to determine if Rule 201 and 8 other interconnected rules promulgated by the District are in 9 conflict with state and federal laws, rules, and regulations.
Despite Defendants' general argument that state laws should not conflict with federal laws, Defendants do not point to any 2 "sufficiently real and substantial" controversies respecting the construction and effect of the CAA. See Grable & Sons Metal Products Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 316 (2005) (holding that to have federal jurisdiction, it must be "plain that a controversy respecting the construction and effect of the federal laws is involved and is sufficiently real and substantial.") (internal quotations omitted). As Plaintiffs argue, the Complaint does not raise or depend on the resolution of a substantial federal issue under the CAA. The only potential issue is the definition of the federal term "nonroad engines." But, the classification of the engines as nonroad engines under the CAA -- and the application of the nonroad engine, same location and stationary source concepts -- is not at issue in this action for civil penalties and Plaintiffs' Complaint does not present a substantial federal question.
Furthermore, although the CAA provides the basis for adoption of the state rules and regulations, the federal origin of the state statute does not confer federal question removal 2 jurisdiction. "The federal nature of the right to be 3 established is decisive -- not the source of the authority to 4 establish it. Here the right to be established is one created 5 by the state. . . . [I]t is unimportant that federal consent is 6 the source of state authority." Gully v. First National Bank, 7
299 U.S. 109, 116 (1936). Accordingly, the Court finds that 8 there is not a federal issue presented on the face of the 9
Complaint, nor is the federal interest at stake in the state law causes of action so substantial as to confer federal jurisdiction. 2
2. Preemption Defense
It is settled law that "a case may not be removed to federal court on the basis of a federal defense, including the defense of pre-emption, even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue." Caterpillar Inc. v. Williams, 482 U.S. 386, 393 (1987). The only exception is the complete pre-emption doctrine. On occasion, "the pre-emptive force of a statute is so 'extraordinary' that it 'converts an ordinary state common-law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule.'" Id. (quoting Metropolitan Life Insurance Co. v. Taylor, 481 U.S. 58, 65 (1987). Once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law. Id.; see Franchise Tax Board of Cal. v. Laborers Vacation Trust for So. Cal., 463 U.S. 1, 24 (1983) ("[I]f a 2 federal cause of action completely pre-empts a state cause of 3 action any complaint that comes within the scope of the federal 4 cause of action necessarily 'arises under' federal law"). 5
As Plaintiffs persuasively argue, the law is clear that 6
Defendants cannot force removal by pleading an affirmative 7 defense that raises federal issues. Caterpillar Inc., 482 U.S. 8 at 393 (discussed supra). Defendants rely on Ormet Corp. v. 9 Ohio Power Co., 98 F.3d 799 (4th Cir. 1996) and Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), but both of those cases concerned the 2 resolution of a different issue: whether federal jurisdiction can be found in the absence of a federally created private right of action. It can. Unlike the instant case, in both those cases, it was the complaint and not the affirmative defenses that raised the federal issue. Because the only federal question presented is whether the permit is preempted, the removal of the action is governed by whether there is jurisdiction based on complete preemption.
Defendants argue that Rule 201 establishes standards and other requirements related to the control of emissions, and should therefore be completely preempted by CAA section 209, 42 U.S.C. § 7543. As discussed supra, because the regulation of mobile source emissions is a federal responsibility, Congress has expressly preempted states from setting emissions standards for mobile sources. CAA § 209(a), 42 U.S.C. § 7543(a) (preempting state regulation of new motor vehicle emissions); CAA § 209(e), 42 U.S.C. § 7543(e) (preempting state regulation of emissions from nonroad mobile sources). Defendants contend 2 that because Rule 201 effectively prohibits the use of nonroad 3 engines that do not meet certain standards, it is essentially a 4 standard relating to the federally preempted control of 5 emissions. 6
Plaintiffs counter that section 209 does not explicitly 7 allow preemption, and therefore, the Court should consider it to 8 be, at most, partial preemption. Plaintiffs cite to California 9 v. Dept. of the Navy, 624 F.2d 885 (9th Cir. 1980), Bearse v. Port of Seattle, No. C09-0957RSL, 2009 WL 3066675 (W.D. Wash. Sept. 22, 2009), and In re Methyl Tertiary Butyl Ether ("MTBE") 2 Products Liability Litigation, 399 F.Supp.2d 356 (S.D.N.Y. 2005) to support the argument that courts have already interpreted similar language in the CAA to impose only partial preemption. In line with the cases cited by Plaintiffs, the Court finds that because Congress limited section 209 preemption to emission standards, and declined to completely preempt the regulation of nonroad engines, Rule 201 is not a complete preemption and does not support removal of this action to federal court.
The Court also holds that Rule 201 is not a standard relating to the control of emissions. The Supreme Court, in Engine Manufacturers Ass'n. v. South Coast Air Quality Management, 541 U.S. 246, 253 (2004) provided examples of requirements contained in Title II of the CAA that would properly be considered "standards" relating to the control of emissions for federal preemption purposes. For example, a state regulation requiring that vehicles or engines "not emit more than a certain amount of a given pollutant, must be equipped with a certain type of pollution-control device, or must have 2 some other design feature related to the control of emissions" 3 are all "standards" relating to the control of emissions. South 4 Coast, 541 U.S. at 253. Here, there is little similarity 5 between the examples set forth in South Coast and the permit 6 regime established by Rule 201. Rule 201 does not require that 7 a vehicle or engine emit below a certain level of a given 8 pollutant. Cf. Pacific Merchant Shipping Ass'n v. Goldstene, 9 517 F.3d 1108, 1109 (9th Cir. 2008) (holding that regulations limiting emissions from auxiliary diesel engines of ocean-going vessels within twenty-four miles of California's coast are 2 preempted by the CAA). Nor does Rule 201 impose equipment or design requirements on vehicles or engines. Cf. South Coast, 541 U.S. at 253 (holding that rules requiring local fleet operators to purchase or lease only vehicles that met state motor vehicle pollution standards were related to controlling emissions and were preempted by the CAA). Rule 201 simply requires certain facilities to obtain permits.
Not only does Rule 201 not resemble the characteristics of a standard regulating emissions, but section 209(d)*fn2 contains a savings clause which courts have held allows states to impose "in-use requirements," such as permits. EMA, 88 F.3d at 1094. The EPA interprets the CAA to extend this allowance of in-use requirements to regulations of nonroad engines. Preemption of State Regulation for Nonroad Engine and Vehicle Standards, 59 2 Fed.Reg. 36, 969, 36, 973-74 (July 20, 1994). In EMA, the court 3 held that "Chevron deference permits the EPA's interpretation 4 ... incorporat[ing] into the nonroad regime at least the 5 reservation of the states' right to impose in-use regulations 6 found in § 209(d)." EMA, 88 F.3d at 1094; see also Pacific 7 Merchant, 517 F.3d at 1115 (explaining that the EPA interprets 8 section 209(d) to allow in-use requirements to regulate nonroad 9 engines). Additionally, because section 209(e)*fn3 explicitly preempts only the narrow area of state engine-emission standard setting authority, and leaves intact the local nonroad engine 2 in-use regulatory authority, the preemption is only partial preemption.
Furthermore, Defendants' argument that because Section 201 relates to emissions, it is therefore preempted, is unpersuasive. Under Defendants' logic, "every rule promulgated by the District relating to nonroad engines and vehicles would be preempted by § 209(e)." Jensen Family Farm, Inc. v. Monterey Bay Unified Air Pollution Control District, 644 F.3d 934, 941 (9th Cir. 2011).
Finally, the Court notes that the Third District Court of Appeals held that Rule 201 was not preempted. In the state court case, Defendants argued that the District's attempt to 2 regulate the central plant engine is preempted by the CAA 3 because Rule 201 contains an emissions standard that has not 4 been approved by the EPA. The Third District Court of Appeal 5 held that Defendants' argument fails because "the central plant 6 equipment is not a mobile source of air pollution within the 7 meaning of the CAA." Hardesty, 2011 WL 6779313 at *10. The 8 Court further held that "even if the emissions exemption applied 9 to the central plant engine, this engine is not a 'nonroad' engine within the meaning of the CAA." Id. Thus, for the numerous reasons discussed supra, the Court holds that Rule 201 2 is not completely preempted.
For the reasons set forth above, Plaintiffs' Motion to Remand is GRANTED.
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An Introduction to Various Types of Yoga
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JNANA YOGA is the Yoga of wisdom or thinking It is based on the study of oneself Jnana Yoga suggests that the supreme in life such as divine love truth or God-consciousness cannot be cultivated These non-things cannot be brought about by our little minds and actions Rather they come into being when we remove the obstruction of our ignorance and illusions Rather than being based on faith Jnana Yoga encourages enquiry and questioning It is the Yoga of Seeing and Being asking us to look and discover rather than to follow and believe It shows us that when we open our eyes and begin to see the beauty and sacredness around us we do not need techniques rituals or beliefs We need to end our illusion and delusion This happens through the awakening of perception and watchfulness in our daily life BHAKTI YOGA is the Yoga of devotion and love It is the most like world religions in that it consists of prayer singing devotional practices study of scriptures remembrance of God service and rituals Bhakti Yoga is based on cultivating faith and its goal is totaling self-surrender to God It acknowledges that our own mind and understanding are quite limited and therefore it behooves us to attune to the higher intelligence in the universe Bhakti Yoga seeks to lead one to the bliss and ecstasy of oneness with God It is the path of the heart and of love being the most popular of the four yogas KARMA YOGA is the Yoga of action or works We must act in the world and this Yoga seeks to bring awareness to our actions It deals with both the quality and the motivation of action and might be called the Yoga of doing We can learn to act with more clarity completeness beauty and meditation in action Our actions are the manifestation of our inner reality No matter what ones point of view when spiritual
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As the dust now settles on another IP&TV World Forum (the last in fact), one theme lingers in the mind – multi-screen, multi-network delivery of content.
In the past 12 months, we have seen online video services rise and rise, and more consumers access video on the iPads, iPhones and Android phones they have fallen in love with, leading managed video services to look a mite staid in comparison.
This enormous consumer appetite for online video is driving TV operators to negotiate rights contracts that enable them to deliver high-value content to these shiny new devices over unmanaged and unsecured broadband networks, and thus retain eyeballs.
In light of these pressures, I met some of the best-known providers of content protection solutions at the IP&TV World Forum to discuss the new challenges they are encountering.
All highlighted the relentless battle against video piracy, and the difficulties in the early days of IPTV (or "telco TV" as it was known then) to persuade content owners that IP delivery was not less secure than existing methods, and that existing content protection solutions would not suffice.
"At the time, no one knew if telcos were going to be able to compete in the pay-TV space, and we were faced with competition from legacy conditional access providers that provided smart card-based security to satellite and cable operators, and offered solutions to scramble the signal, along with subscriber authentication and management," said Steve Oetegenn, CMO at Verimatrix.
"We were fighting an uphill battle, and we spent a lot of time in Hollywood speaking to the security and anti-piracy groups and educating them on our solution, and why they should authorise content to be protected by it."
Steve added that the modular approach adopted by Verimatrix has subsequently enabled it to implement security solutions on a wide range of networks and combinations of networks as demand grew, using DVB for broadcast content and IP for the delivery of on-demand and interactive content.


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Format Maps
Results: 1-1 of 1 | Refined by: Original Format: Maps Remove Location: Germany Remove Subject: Europe Remove Subject: Campaigns Remove
MapHQ Twelfth Army Group situation map : [Battle of the Bulge--France, Belgium, Netherlands, and Germany] Each quadrangle sheet shows the position of the 12th Army Group and adjacent Allied Forces and of the German units for each day from D-Day (6 June 1944) thru 26 July 1945. ...
- Contributor: Allied Forces. Army Group, 12th. Engineer Section - United States. Army. Army Group, 1st. Headquarters
- Date: 1944-06-06
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Event: Chitrangada Singh, Prakash Jha, Piyush Mishra, Irrfan Khan, Arunoday Singh, Sunidhi Chauhan at YEH SAALI ZINDAGI music launch.
Guest List: Aditi Rao Hydari, Arunoday Singh, Chitrangada Singh, Divya Dutta, Irrfan Khan, Saurabh Shukla, Sunidhi Chauhan, Kunal Ganjawala, Swanand Kirkire, Nishat Khan, Sudhir Mishra, Prakash Jha
Date: 13-Jan-2011
Bollywood celebss Varun Dhawan, Sonakshi Sinha, Arjun Kapoor were snapped at Ravi Chopra's house.
Sexy Bollywood actress Sonam Kapoor was snapped at the airport.
Bollywood actress Sonakshi Sinha was snapped at the airport.
Bollywood celebs Ajay Devgn, Arjun Kapoor, Farhan Akhtar, Vishal Dadlani, Shekhar Ravijani, Raj Kundra, Mahesh Bhatt, Sapna Pabbi among others were snapped at the airport.
Bollywood director Farhan Akhtar was snapped at Shankar Mahadevan's studio.


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FRANGOS ...Just like the big department stores ...
anne clark
These are just like the big department stores. They melt in your mouth. I add peppermint, rum, or almond extract to them too to make different flavors.
Featured Pinch Tips Video
- 2 c
- hershey's chocolate chips melt in double boiler and cool
- 1/2 c
- soft butter
- 1 1/8 c
- powdered sugar
- 2
- eggs .. well beaten
- 1 - 2 tsp
- vanilla
Directions Step-By-Step
1Mix egg, sugar, butter, vanilla and beat. Mix in melted chocolate chips.(This is when I add the extra flavoring)
2Drop by spoonfuls on waxed paper. Let harden. I store in frig or freezer.
About this Recipe
Course/Dish: Candies, Other Desserts
Dietary Needs: Vegetarian
Other Tags: Quick & Easy, For Kids


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September 26, 1995
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,v.FLAGAN T. PICKENS, DEFENDANT-APPELLEE.
Appeal from the Circuit Court of Shelby County. No. 93-CM-160. Honorable David W. Slater, Judge, presiding.
The Honorable Justice Kuehn *fn1 delivered the opinion of the court. Welch and Hopkins, JJ., concur.
JUSTICE KUEHN *fn1 delivered the opinion of the court:
On June 15, 1993, defendant Flagan T. Pickens was charged byinformation with unlawful possession of not more than 2.5 grams of cannabis per section 704(a) of the Cannabis Control Act (Ill. Rev. Stat. 1991, ch. 56 1/2, par. 704(a) (now 720 ILCS 550/4 (West 1994))). Defendant filed a motion to suppress evidence seized in a December 17, 1992, consent search of his house. On October 27, 1993, the court heard defendant's motion to suppress. Following the hearing, the circuit court entered an order suppressing the evidence. The State filed a motion for reconsideration. On February 4, 1994, the court heard and denied this motion. The State timely filed a certificate of impairment to allow an appeal pursuant to Supreme Court Rule 604(a)(1) (145 Ill. 2d R. 604(a)(1)).
On appeal, the State contends that the trial court was manifestly erroneous in suppressing the evidence and that the case should be remanded for trial. We disagree and affirm the trial court's order.
At the October 27, 1993, suppression hearing, the court heard the following evidence.
Shelby County Sergeant Todd Shadwell, a Central Illinois Drug Task Force Inspector, testified that the Central Illinois Drug Task Force received an anonymous tip on December 17, 1992. The tip involved drug activity at a residential address in Herrick, Illinois. Sergeant Shadwell and Inspector Elam, another member of the Task Force, went to the Herrick address. The two inspectors knew that defendant Pickens and Jason Cole (Cole) lived at the address. They had no information that anyone else lived there. They knocked on the front door. A man known to the inspectors as Rodney Burris (Burris) answered the door. Sergeant Shadwell asked Burris if Cole or defendant Pickens, the known residents of the house, were home. Burris told Sergeant Shadwell that Cole and defendant Pickens were not present. Sergeant Shadwell noticed an individual asleep on the living room couch and asked Burris who the individual was. Burris indicated that this individual was Curt Allen (Allen). Sergeant Shadwell wanted to speak to Allen and asked Burris to have Allen come to the door. Burris did not react, So Sergeant Shadwell called to Allen and identified himself as a police officer. Allen came to the door. Sergeant Shadwell asked Allen if he was staying at the house, and Allen acknowledged that he was. Sergeant Shadwell and Inspector Elam had no information that Burris or Allen lived at defendant's house. Sergeant Shadwell told Allen about the anonymous tip and then asked Allen if he and Inspector Elam could search the premises. Allen gave verbal consent to search. Sergeant Shadwell and Inspector Elam searched the house for approximately 30 to 45 minutes and seized drug paraphernalia and suspected drugs. All reports prepared by Sergeant Shadwell refer to the search as a consent search.
Rodney Burris testified that the night before the search, several people stayed at defendant's residence. The police requested permission to come in the residence, but Burris did not allow entry. Burris told the police that he did not live at the house and could not give permission to search the premises. After Burris denied permission to search, the two inspectors asked and received permission from Allen. Sergeant Shadwell and Inspector Elam searched the house.
Defendant Pickens testified that he was the sole owner of the house, and that Cole was his only tenant. Other people, including Burris and Allen, sometimes spent the night. Occasionally, Allen stayed at his house a couple nights per week. Allen lived with his parents outside Herrick. Allen stayed at defendant's house when he did not have a ride home. Allen did not pay defendant rent, utilities, or other expenses. Defendant did not give the police permission to search his house. Defendant did not give Allen the authority to consent to a search of his house.
The State raises three points on appeal. The State contends that the trial court's suppression order should be reversed because the court erred in holding that an apparent authority consent search is invalid. The State then asserts that the case should be remanded because Sergeant Shadwell's testimony showed that the officers had a reasonable belief that they had consent to search. Finally, the State contends that the trial court's suppression order should be reversed because the court erred in holding that only a resident could consent to a search.
Initially, we note that a trial court's ruling on a motion to suppress will not be disturbed unless clearly erroneous. ( People v. Melock (1992), 149 Ill. 2d 423, 432, 599 N.E.2d 941, 944, 174 Ill. Dec. 857; People v. Henderson (1990), 142 Ill. 2d 258, 293, 568 N.E.2d 1234, 1251, 154 Ill. Dec. 785.) When the facts and the credibility of the witnesses are not in dispute, the question presented is a legal one that the reviewing court may consider de novo. People v. Foskey (1990), 136 Ill. 2d 66, 76, 554 N.E.2d 192, 197, 143 Ill. Dec. 257; People v. Galdine (1991), 212 Ill. App. 3d 472, 478-79, 571 N.E.2d 182, 187, 156 Ill. Dec. 595.
We first consider whether the trial court erred in concluding that the third party Allen lacked common authority to consent to the search of defendant's house.
In United States v. Matlock (1974), 415 U.S. 164, 39 L. Ed. 2d 242, 94 S. Ct. 988, the United States Supreme Court held that the fourth amendment does not prohibit a warrantless search conducted with the consent of a third party possessing common authority over the premises. Actual common authority is defined as "mutual use of the property by persons generally having joint access or control formost purposes ***." ( Matlock, 415 U.S. at 171 n.7, 39 L. Ed. 2d at 250 n.7, 94 S. Ct. at 993 n.7.) Common authority is recognized in situations with family, marital, or cohabitant relationships. (See, e.g., Foskey, 136 Ill. 2d at 87, 554 N.E.2d at 202; People v. Brown (1987), 162 Ill. App. 3d 528, 539-40, 515 N.E.2d 1285, 1291-92, 114 Ill. Dec. 14; People v. Palmer (1962), 26 Ill. 2d 464, 470, 187 N.E.2d 236, 240.) The third party's degree of authority and control over the residence cannot be substantially inferior to that degree possessed by the defendant, and the third party's right to occupy and use the residence must equal or exceed the defendant's right of occupation. ( People v. Keith M. (1993), 255 Ill. App. 3d 1071, 1084, 625 N.E.2d 980, 988-89, 192 Ill. Dec. 825.) A social guest does not possess common authority to validly consent to a search of a residence. ( People v. Speer (1989), 184 Ill. App. 3d 730, 736-37, 540 N.E.2d 1089, 1093, 133 Ill. Dec. 223.) If a guest resides elsewhere, the guest may not claim an interest in the host's house. People v. White (1987), 117 Ill. 2d 194, 212, 512 N.E.2d 677, 683, 111 Ill. Dec. 288.
Factually, the question turns on whether Allen had common authority to consent to a search of the house. Allen was not listed on defendant's lease. Allen did not reside with defendant and lived elsewhere with his parents. Allen occasionally stayed at defendant's residence when he had no ride home. Allen contributed nothing towards defendant's rent or utilities. In light of this evidence, we find that the trial court committed no error in ruling that Allen lacked common authority to consent to a search of defendant's residence.
As the State's other two issues relate to the present state of Illinois law regarding apparent authority consent searches, we will consider the issues together. At the conclusion of the testimony at the suppression hearing, defendant presented the trial court with a copy of People v. Speer (1989), 184 Ill. App. 3d 730, 540 N.E.2d 1089, 133 Ill. Dec. 223. The court suppressed the evidence obtained during the search based upon the testimony, arguments, and the Speer case.
In his brief, defendant contends that the State waived the issue of apparent authority by not specifically raising the issue at the suppression or reconsideration hearings. The record reveals that generally the State raised and the trial court considered the issue of apparent authority.
In Speer, the court found that a social guest lacked authority to consent to a premises search and cited People v. Miller (1968), 40 Ill. 2d 154, 238 N.E.2d 407, in which our supreme court considered and rejected the apparent authority doctrine. Following the Speer opinion, the United States Supreme Court held that consent searches pursuant to consent by one whom the police reasonably believed had authority to consent did not violate the fourth amendment. ( Illinois v. Rodriguez (1990), 497 U.S. 177, 188-89, 111 L. Ed. 2d 148, 161, 110 S. Ct. 2793, 2801.) In Rodriguez, the court emphasized: "determination of consent to enter must be judged against an objective standard: would the facts available to the officer at the moment *** 'warrant a man of reasonable caution in the belief' that the consenting party had authority over the premises?" ( Rodriguez, 497 U.S. at 188, 111 L. Ed. 2d at 161, 110 S. Ct. at 2801.) In applying the objective standard, courts should look at the facts available to the officer at the moment that the consenting party had the alleged authority over the premises. ( Rodriguez, 497 U.S. at 188, 111 L. Ed. 2d at 161, 110 S. Ct. at 2801.) The officer need not always be correct but must always be reasonable. Rodriguez, 497 U.S. at 185, 111 L. Ed. 2d at 159, 110 S. Ct. at 2800.
The standards set forth in Rodriguez are binding upon Illinois courts as the United States Supreme Court addressed a Federal constitutional question in a State case. ( People v. Gillespie (1990), 136 Ill. 2d 496, 502-03, 557 N.E.2d 894, 897, 145 Ill. Dec. 915.) Furthermore, our supreme court adopted Rodriguez in People v. Henderson (1990), 142 Ill. 2d 258, 568 N.E.2d 1234, 154 Ill. Dec. 785, holding that "when a court is deciding whether consent was given ***, the circumstances must have been such that the police could have reasonably believed that they had been given consent to enter." Henderson, 142 Ill. 2d at 299, 568 N.E.2d at 1254.
For apparent authority consent searches, the facts known to the police officers "must be sufficient to enable them to conclude that the consenter's right to occupy and use the premises at least approximates that of the defendant, such that it can be said that the defendant has assumed the risk that the third party will allow the search of the common area." Keith M., 255 Ill. App. 3d at 1084-85, 625 N.E.2d at 989.
Looking at the specific facts of this case and applying the Rodriguez reasonable-police-officer standard, we consider what Sergeant Shadwell and Inspector Elam knew at the point when they asked Allen if they could search defendant's residence. On December 17, 1992, the Central Illinois Drug Task Force received an anonymous tip of drug activity at defendant's Herrick, Illinois, residence. Sergeant Shadwell and Inspector Elam knew that the particular residence was occupied by defendant and Cole. The door was answered by Burris. The officers knew that Burris did not reside with defendant. Sergeant Shadwell spoke to Allen and ascertained that Allen was staying at the house. The officers had no previous information that Allen was staying or living at defendant's house. The officers asked no additional questions about Allen's status and authority overdefendant's residence. The officers asked Allen for permission to search defendant's house. Allen gave verbal consent.
Based upon the facts known to the officers when they asked Allen for consent to search defendant's residence, the officers could not have reasonably concluded that defendant gave Allen authority over the premises and assumed the risk that Allen would consent to a warrantless search. By not securing a search warrant, the officers must accept the risk of mistake in relying upon the consent. We find that the officers did not have a reasonable basis to conclude that Allen could consent to the search.
Our supreme court recently warned that "the apparent authority rule does not allow law enforcement officers to 'proceed without inquiry in ambiguous circumstances or always accept at face value the consenting party's apparent assumption that he has authority to allow the contemplated search.'" ( People v. James (1994), 163 Ill. 2d 302, 319, 645 N.E.2d 195, 198, 206 Ill. Dec. 190 (quoting 3 W. LaFave, Search & Seizure § 8.3(g), at 266 (2d ed. 1987)).) As one commentator has noted:
"Under a sound application of the apparent authority rule the police must be required to make reasonable inquiries when they find themselves in ambiguous circumstances. *** Sometimes the facts known by the police cry out for further inquiry, and when this is the case it is not reasonable for the police to proceed on the theory that 'ignorance is bliss.'" 3 W. LaFave, Search & Seizure § 8.3(g), at 266-67 (2d ed. 1987).
Allen was seen sleeping on the living room couch of a house the officers knew served as the residence of two other people. Allen's indication that he was staying there presented an ambiguous circumstance that cried out for further inquiry. The officers were perfectly content to accept Allen's consent to search at face value. That acceptance was not objectively reasonable under the circumstances.
The trial court only cited the Speer opinion in its ruling and stated that apparent authority consent searches were invalid. We realize that our affirmance of the trial court suppression order is based upon authority different from that relied upon by the trial court. However, a judgment may be sustained on any ground warranted by the record regardless of the reasons upon which the trial court relied. ( People v. Johnson (1989), 188 Ill. App. 3d 147, 153-54, 544 N.E.2d 35, 39, 135 Ill. Dec. 678.) The controlling question before the reviewing court is the correctness of the trial court's conclusion, not the validity of its rationale. People v. Dyer (1986), 141 Ill. App. 3d 326, 332, 490 N.E.2d 237, 241, 95 Ill. Dec. 764 (citing People v. Tobe (1971), 49 Ill. 2d 538, 547, 276 N.E.2d 294, 300).
The trial court's ruling on the motion to suppress was not against established law or plainly erroneous. We find that Allen did not have common or apparent authority to consent to a search of defendant's residence.
For the foregoing reasons, the judgment of the circuit court of Shelby County is affirmed.
WELCH and HOPKINS, JJ., concur.
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March 2, 1949
Two causes are pleaded in the libel; the first for damages for personal injury, the second for maintenance and cure. The first embraces alleged loss of wages as well as the usual incidents of bodily injury.
Libellant was told by the Port Steward of Moore-McCormack Lines, the operating agent of respondent, to report for duty as chief steward aboard the S.S. David L. Swain, then lying at Norfolk, Virginia. This was on November 18, 1943.
He so reported on the vessel, which was moored to her pier, on the following day, and performed customary duties until November 24, 1943, when he claims to have suffered the injury in question.
It seems that from about 6:00 P.M. and for one hour thereafter, he was in charge of a gang of four subordinates shifting ship's stores from one storeroom to another on the lower deck; these were packages and cases which were placed on a 5-foot platform, and removed therefrom by the other hands, one of whom is said to have been Swenson, 2nd cook.
There was one door, dimensions not given, used for ingress and egress in connection with this work, which had been hooked open but was said later to have been unhooked. The platform was 10 feet by 12 feet and the room itself was 24 feet by 36 feet, and was lighted.
The happening is thus described by libellant:
'I was just handing down the last case and I am stepping down from the platform, the door moved slightly forward to me and then hit my left hip on the door knob, on that iron door. * * *
'There was a slight movement of the ship; otherwise the door would have stayed in the same position without the hook on. * * *
'I was stepping down from the platform at the time figuring that the door would be on the hook, but the door was actually off the hook and approximately maybe two inches toward me when I went down (off?) the platform.'
Asked if he saw any part of the door open as he looked toward the passageway outside, he said: 'No'. Asked if he looked, he said:
'I did look-no, I did not look at the door-well, I couldn't avoid looking at the door stepping down from the platform, being that the door was so close to the passageway, but I could not see at the time how far the open door was or how wide open it was.'
He said that the platform was from 3 to 4 feet from the door which opened inwardly; that it was his duty to direct the men under him and to see to it that the door was hooked open while all hands were moving through the doorwa cents in performing the task at hand.
Something will be said presently about Swenson, the second cook, upon whom libellant seemingly relies to establish that he was the one who unhooked the door, just prior to the contact with the knob. As to that, his testimon cents is:
'I went out the storeroom. * * *
'I was carrying a package * * *
'I used both hands to get the package, but then I was using one hand * * *
'The only thing I think I left the latch (hook?) off, so I could get more room, to make a little more room for me, because there is a big paper bag you have got to go through the door with. * * *
'Q. Did you leave the latch (hook?) off or didn't you? A. I wouldn't swear to it, but I think I did, to make room for that paper package. * * * I did not put the latch (hook?) back. * * *
'Q. How could you make the door any more open than it was? A. I get it close to the shelves. (He indicated a 2 1/2 foot package.)
'Q. Was it necessary to lift that latch or hasp, or whatever it was, in order that you should get through the door with a package that you were carrying? A. I do not know, your Honor, if it was necessary, but I think it was done for convenience. We always tried to get the packages through as fast as possible.
'Q. What I am trying to find out is: Was the package too big to go through the door as it was? A. No.'
Since it is Swenson's act or omission which is relied upon to establish negligence, the equivocal nature of his testimony is obvious. If he did a necessary thing, it could scarcely be characterized as negligent; if the act of lifting the hook was calculated and deemed to be helpful, while not strictly necessary, I should suppose that to call it a tort would have dubious sanction.
He said he had not gotten back to the storeroom from which he removed the package, when he heard Witt complain: 'The hook, it hurt me.'
If it was not negligent for Swenson to unhook the door (I am not certain any more than he is, that he did) and he had not yet returned to rehook it, then his failure to do the latter was of course not negligent. The only omission that could be charged against him was failing to stop immediately outside the doorway and replace the hook, which would have required putting down his 2 1/2 foot package, and then resuming its carriage.
In order so to characterize the latter omission, it would be necessary to reason that he owed that duty to any one who might be following him. Sine they were all working in lighted quarters, it is not presently apparent that he was required to assume that any one tailing him would not use his eyes-least of all, the man who was in charge of the activity.
There is no credible evidence that the ship was rolling at her pier. The libellant's statement that she must have moved is an opinion, not the recital of an observed occurrence. Moreover, the storerooms were in the steadiest quarters of the ship.
This brings us to libellant Witt who looked through the door, but didn't see how far it was open, which is another way of saying that he didn't use his eyes. It is not unreasonable to require men to do that who have them to use. In other words, the negligence was his, and his alone, not that of the ship, namely, his fellow servant.
The fact that the libel was not filed until October 15, 1945, almost two years after November 23, 1943, may indicate an awareness of the true explanation of what occurred.
He says he reported the accident to the Purser that night, but the ship's log contains no entry to that effect. A chief steward must be deemed to understand the necessity for making a personal injury known to the master or a deck officer, and his failure so to do is significant. The ship's log indicates that, during the period between November 19th and 26th, on which latter day he left the ship temporarily ('I decided at night (25th) to go to New York over the weekend.') there was no dearth of ship's officers.
On the second day after reaching his home and while stepping out of his bath, he felt so much pain in his hip that he went to the Marine Hospital at Stapleton on the 29th and stayed there until January 1, 1944. The hospital record includes this entry:
'Diagnosis: Fracture, simple, greater trochanter, left femur. * * *
'Saturday night he stepped out of bath tub on to left foot, and noted immediate pain in left hip and disability of the extremity. Has had persistent pain in left hip, even at rest. * * * X-ray * * * There is evidence of an incomplete fracture of the greater trochanter of the femur, with good position of the fragments. * * * Disability: three weeks from date of discharge.'
The foregoing will be seen to be devoid of any mention of the accident relied upon to sustain the libellant's cause.
He received out-patient care at the Hudson Street Hospital from February 17th to 24th, 1944, and upon admission the record shows that for the first time he claimed that his left hip was struck by an iron door on November 24, 1943, while he was working on a ship. '2/21/44: * * * Discharged no need of further treatment, fit for duty.'
The libellant's accident must be deemed to have occurred, for the purposes of this case (although his wife made no mention of it on November 29th, when reporting in person to the Moore-McCormack Lines' claim agent that her husband was unable to rejoin the ship), but whether he struck the door because he was careless in the method of his egress from the storeroom, or whether the door struck him, is sufficiently in doubt to render it impossible for me to make an affirmative finding on that subject.
The testimony of Swenson is not persuasive, and his demeanor as a witness left much to be desired in respect of credibility and status.
Instead of saying frankly that he had come from New Bedford to testify as a person who was interested in having Witt's cause fully presented, he sought to give the impression that his presence in court was somewhat fortuitous.
His status is equivocal in that:
Witt says that he has a friend but not a brother-in-law, by the name of Henry Swenson (that being the name of the second cook).
'Q. And was he on board this ship at this time? A. No, he never was.'
The witness Swenson's name is Adolph Emanuel Swenson. He had lived with the Witt's for five years-six years ago.
'Q. Are you related to Mr. Witt? A. That I am.'
He signed articles on the Swain for a voyage starting in October of 1943, and gave the name and address of his next of kin as: 'Sister, Margaret Witt'. 'I did it for the insurance thing. I have no family and I am single, and in case something happens she is going to get it.'
Seemingly Witt was talking about this Swenson when he denied that he was on the ship.
The subject may be left where the testimony puts it.
The fact of injury must be deemed to have been shown (although it was of such a nature that it could easily have occurred after the trip to New York was begun) but not that it was caused by negligence on the part of the ship.
As to the libellant's claim for wages for the voyage which he intended to make, the undisputed fact is that he never signed articles, and since he did not rejoin the ship, he did not render the services which would be the basis of claim for wages, even though articles were not signed. Mahoon v. The Gloucester, 16 Fed.Cas. No. 8,970.
Similar claims have been asserted and rejected: The Vestris, D.C., 252 F. 201; The Cliftwood, D.C., 280 F. 726.
The cause then is for maintenance and cure, and as to that the libellant is to be granted a decree covering the period of his discharge from the hospital at Stapleton, January 1, 1944, through February 24, 1944, the date of hys final discharge as cured from the Hudson Street Hospital, at the rate established by the War-Shipping Administration for licensed personnel (p. 87) at $ 4.00 per day, namely, 55 days at that rate, or $ 220.00 with interest and costs.
Findings are filed herewith.
Settle decree.
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March 7, 1932
UNITED STATES EX REL. CASSETTAv.COMMISSIONER OF IMMIGRATION
Appeal from the District Court of the United States for the Southern District of New York.
Before L. HAND, SWAN, and CHASE, Circuit Judges.
SWAN, Circuit Judge.
Deportation of the alien was initiated upon the ground that he had been convicted of a violation of section 2(c) of the Act of May 26, 1922, relating to narcotic drugs (21 USCA § 174), and was therefore deportable in accordance with the provisions of paragraph (e) of said section 2 (21 USCA § 175), reading as follows: "Any alien who at any time after his entry is convicted under section 174 of this title shall upon the termination of the imprisonment imposed by the court upon such conviction and upon warrant issued by the Secretary of Labor be taken into custody and deported in accordance with the provisions of sections 155 and 156 of Title 8 or provisions of law hereafter enacted which are amendatory of or in substitution for such sections."
Although the record does not clearly disclose it, the appellee concedes that execution was suspended of the five-year sentence imposed upon conviction under the count which charged a violation of section 174. Deportation to a country which the alien left when he was only 3 years of age is so harsh a consequence that we should hesitate to decide the case upon a record which omitted facts that would be a complete defense if disclosed. For reasons hereafter stated, suspended execution of the sentence would present such a defense. Consequently the appellee's concession will be treated as bringing into the record the conceded fact.
Whether the reference in section 175 to section 155 of title 8, USCA, incorporates by reference the requirement that the sentence must be for a term of one year or more, and for a crime involving moral turpitude, as held in Weedin v. Moy Fat, 8 F.2d 488 (C.C.A. 9), and Hampton v. Wong Ging, 299 F. 289 (C.C.A. 9), we need not now determine. Cf. Chung Que Fong v. Nagle, 15 F.2d 789 (C.C.A. 9); United States ex rel. Spataro v. Day, 23 F.2d 1005 (C.C.A. 2); Hachiji Shibata v. Tillinghast, 31 F.2d 801 (D.C. Mass.). Without regard to said section 155, we think there must be some actual imprisonment to bring section 175 into operation. This authorizes arrest upon warrant for deportation "upon the termination of the imprisonment imposed by the court upon such conviction," i.e., conviction under section 174. There can be no "termination of the imprisonment imposed," when execution of the sentence was suspended. Cf. United States ex rel. Robinson v. Day, 51 F.2d 1022 (C.C.A. 2), holding that an alien was not "sentenced to imprisonment" within the meaning of section 155 of title 8, USCA, when execution of the sentence was conditionally suspended. Even if suspending the execution of a sentence is equivalent to release on parol, as the appellee contends, the words of section 175 are not satisfied when there has been no imprisonment whatever.
The order is reversed, and the cause remanded, with directions to discharge the alien.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
American Cultural History And Cult of Matthias
There had been many changes occurs in terms of the progress of the economy, population and intellectual abilities during the 18th century and these could be considered as the possible reasons for the evolution of a fresh thinking in all the various spheres of life, and this pertains to religion as well. This was in complete a need for change and a great desire for bring about changes. To a certain extent, this was considered to bring about the end of earlier concepts of religion of pertaining to the thought that it can be handled only by the privileged classes also ended. This led to the emergence of certain new religious thinkers and practical leaders like that of Mathias as leaders like him could not have become popular religious figures in the previous era. The line of thinking of Matthias was very much different from that of the ideas and thoughts of the earlier leaders.
This was the age when the truth of what Ralph Waldo Emerson said in his essay named "The American Scholar" had to be thought about. It was felt by him that men around him saw the scholars as being impractical and recluses and thus unfit for doing any physical and practical work and may be thought of being like a penknife where an axe is needed to do the work. This is the reason why practical men feel the scholar to be of no benefit and since they are busy in speculation and seeing, they would not be able to carry it out. During that period of history, the clergy was considered to be the best among scholars shown their inferiority by being addressed directly as women. As scholars they were not supposed to listen to or speak in the language that ordinary men talk in, but talk in a language that was low and "more civilized" and possibly more suited to a woman. (Ralph Waldo Emerson)
Since they were scholars, they are often not considered important enough to be given consideration and not considered human enough to lead a normal life, but society promotes the concept that they should live outside society, in a celibate manner. This was the general feeling about scholars -- they were felt to be very important for society, and yet not a part of it. The scholar is not supposed to be capable of taking action and yet, if action is not taken what is the value of thought. Without acting on the thoughts that are given, the truth of the thought itself will never be known. Of many things in that age, society was very critical and one of that was sex. At the same time, it is important to understand that sex in itself cannot be bad. Thus viewing sex as evil is probably trying to defeat the purpose of life and sex in itself was then giving thinkers serious embarrassment. This brought up the concept that searching for pleasure was evil in itself and the results were then seen in the men of that time. (Ralph Waldo Emerson)
The picture is clear in view with the action of slave owners prevalent in those days. The slaves had been set free according to the laws of the time, but however action could be taken and this could be witnessed as when a slave was trying to shine his shoes since he wanted to go as per the promise given by the master, the master killed him by the struck of a blow. (The Project Gutenberg E-text of The Narrative of Sojourner Truth) Such cruel acts were the sort of actions that the men of those time took, and this is not permitted under any law nowadays, whether it is civil or ethical or religious. It is thus clear that a religious man during those days would not be in a position to take such a brutal action, and would hence be considered to be unsuited of becoming a householder.
Now it seems that this revival of public interest in this religious leader should be explained. It is not that this leader was the first or the last one to try his hand at reviving religion in United States. The authors of one book, "The Kingdom of Matthias" are historians in Universities and they are Johnson and Willentz. They have written this book about the revivalist movement that took place from the period 1820 to 1840. The entire country was then going through a period of religious revivalism, and it can be said that this was a reaction of the failure of being a part of the industrial revolution by many who took part in this movement. One of the main actors in this movement was Elijah Pierson. He was a merchant in New York and had tried his own hand at religious reform. (Amazon Book Review: The Kingdom of Matthias/a Story of Sex and Salvation in 19Th-Century America: A Story of Sex and Salvation in 19Th-Centtury America)
One of the main reasons for Pierson's attempts at religion is said to be his attempts at getting his wife back after she had expired. He met Matthias and Matthias was not Matthias from birth, but born as Robert Matthews. According to the book, Matthias declared his own visions and soon took over the pulpit from which Pierson was earlier preaching. The main talk of Matthias was about an event that would take place and all those who did not believe in his religion would die. All believers in Matthias's philosophy would benefit in terms of finance. This is again a common enough method of getting interest. (Amazon Book Review: The Kingdom of Matthias/a Story of Sex and Salvation in 19Th-Century America: A Story of Sex and Salvation in 19Th-Centtury America) One of the persons who gained great fame under this phenomenon of Matthias was Sojourner Truth and the views expressed by her are being taken as a measure of check against the stories in this book. (The Project Gutenberg E-text of The Narrative of Sojourner Truth)
Now let us look at the story of Matthias. He was born of Scotch parentage, but brought up from the beginning in Washington County, New York and was roughly 47 years old in the early 1930s. He had had a religious bringing up, among the Anti-Burghers who are a sect of Presbyterians. He started life to be a farmer and was busy with that occupation till he was eighteen years old, but independently developed the skill of a carpenter without any teaching for that art. He was also mechanically well trained. Then his life turned for the better and he got some property from his uncle, Robert Thompson and started business as a storekeeper. He also joined the Scottish Presbyterian Church and was viewed to be a respectable man. This was followed up by marriage and continuation of business in Cambridge and marriage in 1813. (The Mathias Delusion)
The problems came in 1816 when one of his speculations in a building failed and he did not get any support from the banks. This led to his arrival in New York, along with his family and restarting of his trade there. From 1830 started his interests in religion but he was considered to be only zealous, but then he succeeded in predicting the destruction of Albanians and their capital. At the same time he got an idea that he should not shave. This came to him when he was preparing to shave and had the Bible near him. He exclaimed "I have found it! I have found a text which proves that no man who shaves his beard can be a true Christian." This was probably the beginning of his next phase -- madness. (The Mathias Delusion)
He did not complete shaving and went for an address that he had promised. This address was different from the earlier ones and pronounced vengeance on the people around him, showed his new character, said that the laws of God were the only laws in the world and that he was to take possession of the world in the name of God. He then advised his wife to come away with him as he felt that the place where they were staying would be destroyed. The wife did not agree as Matthias called himself a Jew and the wife did not agree to be the wife of a Jew. Matthias left his wife, but now started receiving enough attention as his beard had grown and was thus heard in the streets. He then came and met Pierson. (The Mathias Delusion)
Their discussions were centered on the truth and Matthias gave various reasons for not shaving like his being a Jew and Adam also having a beard. Pierson also told Mathias his own experiences and finally came to some sort of an understanding as they both had similar sentiments. Then Matthias moved into the house of Pierson. This frightened Mr.…[continue]
"American Cultural History And Cult Of Matthias" (2005, September 30) Retrieved December 7, 2016, from http://www.paperdue.com/essay/american-cultural-history-and-cult-of-matthias-68566
"American Cultural History And Cult Of Matthias" 30 September 2005. Web.7 December. 2016. <http://www.paperdue.com/essay/american-cultural-history-and-cult-of-matthias-68566>
"American Cultural History And Cult Of Matthias", 30 September 2005, Accessed.7 December. 2016, http://www.paperdue.com/essay/american-cultural-history-and-cult-of-matthias-68566


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Disease Looks to Strike While the Climate Is Hot
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Back to School for Biotech
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Ph.D.-Trained Biomedical Scientists Can No Longer Count on Finding Academic Positions Upon Graduation
Recent Poll Results Highlight How Divisive Gene Patenting Is
A recent GEN poll about gene patenting rules related to providing second-opinion molecular tests indicate how divided people are on this topic. More voters sided with patient groups seeking broader access to genetic diagnostic tests over test makers eager to recoup development costs through patent protection. A near-majority of respondents (45.2%) called for doing away with gene patents, while another 6.5% favor creating a safe harbor for confirmatory test providers, something else sought by the patient groups. By contrast, 12.9% would require licensing of gene patents while an equal percentage wants to see alternative incentives developed. The remaining 22.6% would keep the current system as is, while no respondents were undecided—an indication of how sharply divisive the issue has become.
The conflict resurfaced during two recent hearings required by the patent law overhaul enacted in September and held by the U.S. Patent and Trademark Office (USPTO). The new patent law requires USPTO to study how to ensure availability of confirming genetic diagnostic tests where gene patents and exclusive licensing for such tests exist. The final report is due June 16.
Industry advocates oppose government efforts to force them to ensure independent second opinion genetic diagnostic testing, calling that an unlawful infringement of their patents. Patient advocates oppose the patenting of genes and genetic diagnostic tests, saying the resulting patent monopolies harm patients.
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