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December 18, 2003
ROSITA C. YOUNGBLOOD; PARENTS UNITED FOR BETTER SCHOOLS, INC.; PENN-KNOX NEIGHBORHOOD ASSOCIATION; BUDD HOUSE INC.; EDITH WEEKS, REVEREND; EDWINA BAKERv.H. WILLIAM DEWEESE; MICHAEL VEON, APPELLANTS
Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 02-cv-07683) District Judge: Honorable J. Curtis Joyner
Before: Scirica, Chief Judge, Nygaard and
Ambro, Circuit Judges
Argued October 29, 2003
We decide whether two state representatives enjoy legislative immunity from another representative's claim that they unfairly allocated the legislature's office-staffing appropriation in violation of her civil rights. The Defendants-Appellants, Representatives H. William DeWeese and Michael Veon, appeal from the order of the United States District Court for the Eastern District of Pennsylvania denying their motion to dismiss. We conclude that Representatives DeWeese and Veon's allocation of district office funds from the legislature's appropriation was a legislative act, and thus they are entitled to legislative immunity. Accordingly, we reverse.
I. Facts and Procedural Posture
The Pennsylvania House of Representatives annually appropriates funds to be used by state representatives for district office staffing and constituent service programs. The political party leadership, however, decides how this appropriation is allocated among individual representatives.
On October 3, 2002, Representative Youngblood, a Democrat, sued Representative DeWeese, the leader of the House Democratic Caucus, and Representative Veon, the House Democratic Whip, alleging that, in retaliation for her dissent against the party leadership, they denied her an adequate budget allocation for district office staffing and constituent services. Youngblood claimed that, in so doing, DeWeese and Veon violated her Fourteenth Amendment equal protection rights, which is actionable under 42 U.S.C. § 1983.
Representatives DeWeese and Veon moved to dismiss Representative Youngblood's complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that her claims are barred both by the doctrines of legislative immunity and sovereign immunity. They also argued that the individual and organizational constituents who joined Representative Youngblood's complaint lacked standing.
The District Court denied the motion to dismiss in a onepage order on February 14, 2003. In a footnote, the Court indicated that Representatives DeWeese and Veon are not protected by legislative or sovereign immunity, and that Youngblood's constituent co-plaintiffs have a legally cognizable injury sufficient to confer individual and associational standing. Representatives DeWeese and Veon filed this timely appeal from that order.
II. Jurisdiction and Standard of Review
We generally do not have jurisdiction under 28 U.S.C. § 1291 to review interlocutory decisions such as the denial of a motion to dismiss. Under the Collateral Order Doctrine,*fn1 however, we have recognized exceptions to this rule. One well-established exception is for orders denying motions to dismiss for reasons of immunity. See, e.g., In re Montgomery County, 215 F.3d 367, 373 (3d Cir. 2000) (citing Nixon v. Fitzgerald, 457 U.S. 731 (1982)). Thus, we have jurisdiction over the District Court's denial of DeWeese and Veon's motion to dismiss on immunity grounds.*fn2
Absolute legislative immunity is a pure legal question over which we exercise plenary review.*fn3 Id. at 372.
III. The Doctrine of Legislative Immunity
Since 1951, state legislators have enjoyed absolute immunity from suit and liability for their legislative activities. Tenney v. Brandhove, 341 U.S. 367 (1951). The scope of state legislators' immunity is "coterminous" with the absolute immunity afforded to members of Congress under the Speech or Debate Clause, Art. I, § 6, of the United States Constitution. Larsen v. Senate of the Commonwealth of Pa., 152 F.3d 240, 249 (3d Cir. 1998) ( citing Supreme Ct. of Va. v. Consumers Union of the United States, Inc., 446 U.S. 719, 732-33 (1980)). Thus, the history of the Speech or Debate Clause—including the rationale behind its drafting and the judicial decisions of the last two centuries construing its scope—is relevant to this case involving state legislators.
The Speech or Debate Clause provides that, "for any Speech or Debate in either House, [Senators and Representatives] shall not be questioned in any other Place." U.S. Const., art. I, § 6, cl. 1. The Constitution's framers borrowed the idea that legislators should be protected from arrest and civil prosecution from England, where members of Parliament had enjoyed legislative immunity since 1689. See Tenney, 341 U.S. at 372.
Ensuring a strong and independent legislative branch was essential to the framers' notion of separation of powers, which required "some practical security for each [branch] against the invasion of the others." The Federalist No. 48 (Madison). The Speech or Debate Clause is one manifestation of this practical security for protecting the independence of the legislative branch—by ensuring that legislators are not subject to "prosecution by an unfriendly executive and conviction by a hostile judiciary." See United States v. Johnson, 383 U.S. 169, 179 (1966). So obvious was the Clause's importance that the Constitutional Convention in 1787 approved it without discussion and without opposition. Id. at 177.
The Supreme Court first addressed the Speech or Debate Clause in 1880. See Kilbourn v. Thompson, 103 U.S. 168 (1880). In deciding that members of Congress were immune from false-imprisonment claims arising from their acts of voting for a resolution that ordered a witness's arrest, the Court rejected a "narrow view" of the Clause limiting the privilege to "words spoken in debate." Id. at 204. Rather, the Court concluded that legislative immunity applies to written reports presented by congressional committees, the offering of resolutions, the act of voting, and "to the things generally done in a session of the House by one of its members in relation to the business before it." Id.
The Court next construed the Speech or Debate Clause in 1951 when it held that legislative immunity extended to claims that members of a state legislature's Un-American Activities Committee had violated a witness's civil rights in the course of an investigative hearing. Tenney, 341 U.S. at 378. Investigation is within the "sphere of legitimate legislative activity" to which legislative immunity extends. Id. at 376-78. The Court also clarified that legislators' motives are irrelevant to whether their activities enjoy legislative immunity, stating that "[t]he claim of an unworthy purpose does not destroy the privilege." Id. at 377.
Since Tenney, the Supreme Court has defined the sphere of legitimate legislative activities to include activities that are "an integral part of the deliberative and communicative processes by which Members participate in committee and House proceedings with respect to the consideration and passage or rejection of proposed legislation or with respect to other matters which the Constitution places within the jurisdiction of either House." Gravel v. United States, 408 U.S. 606, 625 (1972). For example, the legitimate legislative sphere includes such acts as: voting for a resolution, Powell v. McCormack, 395 U.S. 486, 504-05 (1969); subpoenaing and seizing property and records for a committee hearing, Eastland v. United States Servicemen's Fund, 421 U.S. 491, 507 (1975), and Dombrowski v. Eastland, 387 U.S. 82, 84-85 (1967); preparing investigative reports, Doe v. McMillan, 412 U.S. 306, 313 (1973); addressing a congressional committee, Gravel, 408 U.S. at 616; and, of course, speaking before the legislative body in session, Johnson, 383 U.S. at 184-85.
But the Court has rejected a reading of the Speech or Debate Clause that is so broad as to cover everything "related to the due functioning of the legislative process." United States v. Brewster, 408 U.S. 501, 513 (1972). Immunity does not extend to acts that are "casually or incidentally related to legislative affairs but not a part of the legislative process itself." Id. at 528. Thus there is no immunity for political activities, including "a wide range of legitimate 'errands' performed for constituents, the making of appointments with Government agencies, assistance in securing Government contracts, preparing so-called 'news letters' to constituents, news releases, and speeches delivered outside the Congress." Id. at 512. And for sure legislative immunity does not extend to accepting bribes, id. at 526, and disseminating legislative materials that are classified, Gravel, 408 U.S. at 625-26, or libelous, Doe, 412 U.S. at 314-15.
In Bogan v. Scott-Harris, 523 U.S. 44 (1998), its most recent decision on legislative immunity and one that is instructive to our case, the Court held that municipal legislators enjoy the same legislative immunity as federal and state legislators. Id. at 49. Thus, municipal officials were immune from a plaintiff 's claim that the officials violated her civil rights when they enacted a budget that eliminated her position. Id. at 55. Though the Court did not outright require an act to be legislative in both "formal[ ] character" and substance in order to enjoy immunity, it observed that in this case the budget ordinance in substance "bore all the hallmarks of traditional legislation" because it "reflected a discretionary, policymaking decision implicating the budgetary priorities of the city and the services the city provides to its constituents." Id. at 55-56.
IV. Analysis of Representatives DeWeese and Veon's Legislative Acts
Representative Youngblood alleges that Representatives DeWeese and Veon allocated the General Assembly's total appropriation for district office staffing in a punitive manner in violation of her civil rights. To opine on immunity, we must examine the legislators' acts "stripped of all considerations of intent and motive." Bogan, 523 U.S. at 55; see also Eastland, 421 U.S. at 508; Tenney, 341 U.S. at 377. Thus, guided by the Supreme Court's Speech or Debate Clause jurisprudence,*fn4 we must determine whether Representatives DeWeese and Veon's acts of allocating the total appropriation for office staffing among the Democratic house members are "within the sphere of legitimate, legislative activity." Tenney, 341 U.S. at 376.
We conclude that they are, as "the sphere of legitimate, legislative activity" extends to "committee and House proceedings with respect to... matters which the Constitution places within the jurisdiction of either House." Gravel, 408 U.S. at 625. The Pennsylvania General Assembly has the authority to appropriate funds to be used by Representatives for district office staffing and constituent service programs. See Pa. Const. Art. III, § 11 ("The general appropriation bill shall embrace nothing but appropriations for the executive, legislative and judicial departments of the Commonwealth, for the public debt and for public schools...."). By appropriating a lump sum for all Representatives' district office-staffing, the General Assembly has delegated the legislative authority to determine an individual Representative's funding to the House of Representatives' party leaders. In this sense, delegating to the party leadership is no different than delegating to a legislative committee completing the allocation process. The party leaders' exercise of that authority is more than merely "casually or incidentally related" to the appropriation-legislation, Brewster, 408 U.S. at 528; it is its direct consequence. Representatives DeWeese and Veon's "deliberative and communicative processes" in the course of exercising that legislative authority are, therefore, privileged from judicial scrutiny. Gravel, 408 U.S. at 625.
Furthermore, Representatives DeWeese and Veon's allocation of the office-staffing appropriation, conducted pursuant to the legislative authority implicit in the appropriations legislation itself, is unlike the "extracurricular" activities that the Supreme Court has found to be outside the scope of legislative immunity, such as the political acts a legislator performs for her constituents in the hope of being reelected, the acceptance of bribes, and the unauthorized publication of legislative testimony or reports. See Brewster, 408 U.S. at 526; Gravel, 408 U.S. at 625-26; Doe, 412 U.S. at 314-15.
Rather, the allocation activities fit the description the Bogan Court used to describe a substantively legislative act: "a discretionary, policymaking decision implicating the budgetary priorities of the [House]." Bogan, 523 U.S. at 55-56.
We find support in the policy underlying legislative immunity, as the Supreme Court instructs us to construe the Speech or Debate Clause "broadly to effectuate its purposes." Eastland, 421 U.S. at 501. If we allowed Representative Youngblood to challenge Representatives DeWeese and Veon's budgetary discretion in court, we would enable the judicial branch to scrutinize the manner in which the General Assembly allocates internal funds. This would compromise the independence of the legislative branch, the very principle legislative immunity is intended to protect. See id. at 502; Tenney, 341 U.S. at 373. That Representative Youngblood is challenging the punitive nature of Representatives DeWeese and Veon's allocation further evidences that in this case legislative immunity would serve its intended purpose of protecting against inquiry into legislators' motives. See Johnson, 383 U.S. at 180.
V. Conclusion
We hold that Representatives DeWeese and Veon's acts of allocating the General Assembly's office-staffing appropriation among individual Representatives are legislative acts to which legislative immunity extends. Accordingly, the District Court's order denying Representatives DeWeese and Veon's motion to dismiss on this ground will be reversed.
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October 30, 1980
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 82 LABOR-MANAGEMENT TRUST FUND, Plaintiff,
BAUCOM JANITORIAL SERVICE, INC., Defendant
Upon consideration of Defendant's Motion for Summary Judgment, Plaintiff's Motion for Summary Judgment and Dismissal of Counterclaim, Defendant's Opposition thereto, and the entire record herein, the Court notes that (1) pursuant to two collective bargaining agreements, Defendant is obligated to make monthly health and welfare contributions to Plaintiff; (2) the amount of such contribution is to be calculated on the basis of the total number of productive hours worked by Defendant's employees in each particular month; (3) the amount of such contribution was mistakenly calculated by Defendant on the basis of the total number of compensated hours, which included nonproductive hours (e.g. holidays, vacations and sick leave); (4) the error in calculations led to excess contributions by Defendant to Plaintiff in the amount of $ 7,162.38 between September 1977 and October 1979; (5) Defendant applied the full $ 7,162.38 excess contributions as an offset against the contributions owed for the months of March and April 1980; (6) Plaintiff asserts Defendant was not, and is not entitled to a return of any of the excess contributions made due to this mistake, alleging that such mistake in calculations constituted a mistake of law for which no refund is available; (7) Defendant contends it is entitled to an offset in an amount equal to the contributions mistakenly made over the course of one full year, as such mistake was one of fact ; (8) the Employment Retirement Income Security Act (ERISA), Section 403(c)(2) (29 U.S.C. § 1103(c)(2)(A)) expressly provides for the return of excess contributions made by an employer by a mistake of fact within one (1) year after the payment of the contribution; (9) a mistake of fact is one other than an error as to the legal consequences or legal obligations deriving from the bargaining agreement, such as an "arithmetical error" (H.Cong.Rep.No.93-1280, 93d Cong., 2d Sess., reprinted in (1974) U.S.Code Cong. & Admin.News, pp. 4639, 5038, 5083) or a "clerical error" ( Central States, Southeast and Southwest Areas Pension Fund, et al. v. Wholesale Produce Supply Co., 478 F. Supp. 884 (4th D.Minn., 1979), 611 F.2d 694 (8th Cir., 1979)); (10) the facts claimed in Defendant's affidavits describe a mistake of fact in that (a) Defendant's President personally negotiated, authorized and approved the bargaining agreements and had full familiarity and understanding of Defendant's legal obligations under the agreements, (b) Defendant's President explained the exact procedure for calculating the monthly contributions to Defendant's payroll clerk, directing her to exclude from the monthly hour total all nonproductive compensated hours, (c) Defendant's payroll clerk failed to recall these specific instructions and mistakenly calculated the contributions using the wrong hour figures; (11) in determining a motion for Summary Judgment, this Court may assume that the facts as claimed are admitted to exist except as and to the extent such facts are controverted (Rule 1-9(g) of the Local Rules); (12) the excess contributions are the result of a mistake of fact, and Defendant is entitled to an offset for the one (1) year period permitted by statute; (13) the end date for the one (1) year period is April 11, 1980, the date Plaintiff received notice of the mistake. See, Central States, Southeast and Southwest Areas Pension Fund, et al. v. Wholesale Produce Supply Co., 478 F. Supp. at 887; (14) the amount of those excess contributions between April 11, 1979 and April 11, 1980 totals $ 2,195.63; (15) this amount, offset against the $ 7,162.38 accrued for the months of March and April, 1980, yields $ 4,966.75 owed by Defendant to Plaintiff as delinquent health and welfare contributions; (16) the Agreement and Declaration of Trust which governs the trust fund provides for the payment of interest at 8% per year, liquidated damages of 10% of the amount of the delinquent contributions, and reasonable attorney's fees.
It is therefore by the Court this -- day of October, 1980,
ORDERED, that the Motion of Plaintiff for Summary Judgment herein be and hereby is GRANTED in part and DENIED in part; and it is
FURTHER ORDERED, that Defendant's Motion for Summary Judgment be and hereby is GRANTED in part and DENIED in part; and it is
FURTHER ORDERED, that Judgment shall be entered in the above action as follows:
Plaintiff shall recover from Defendant the sum of $ 4,966.75, plus 8% interest from March 1980 to date, plus 10% of the delinquent contributions as liquidated damages, plus reasonable attorney's fees.
Plaintiff shall recover from Defendant the sum of $ 4,966.75, plus 8% interest from March 1980 to date, plus 10% of the delinquent contributions as liquidated damages, plus reasonable attorney's fees.
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KKBQ-FM, 'The New 93Q', is a Houston-based Radio station with a country music format. Its transmitter is located in Missouri City, Texas. The station is owned by Cox Radio and is part of the Houston Radio cluster including KGLK, KHPT & KTHT. KKBQ has been nominated twice for Country Music Association awards for Best Radio Station in a Large Market, winning once. The station has also won the Billboard/Airplay Monitor Radio Awards award for Best Country Station three times. It is headquartered out of Suite 2300 at 3 Post Oak Central in the Uptown district in Houston, Texas, United States. The station signed on at 92.5 FM in August 1962 as KLVL-FM, Houston's first Spanish language FM station, 'La Voz Latina'.
Contributions by Djrage, Karanacs, and 22.214.171.124.


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Math Charmers
Tantalizing Tidbits for the Mind
By (author) Alfred S. Posamentier
Format: Paperback
Normal Price: $43.86
Your Price: $39.48 AUD, inc. GST
Shipping: $7.95 per order
You Save: $4.39! (10% off normal price)
Plus...earn $1.97 in Boomerang Bucks
Availability: Available, ships in 8-11 days
Math Charmers by Alfred S. Posamentier
Book DescriptionWe should all be having fun with math and helping our kids to do better in life by encouraging them to appreciate not only its usefulness but especially its charm. That's just what Posamentier sets out to do in this delightful exploration of maths' many intriguing, interesting, and fun qualities. This is the ideal book for adults looking for a way to turn their kids on to an important subject or discover for themselves what they might have missed in their own math education.
Buy Math Charmers book by Alfred S. Posamentier from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9781591020677
(230mm x 150mm x 19mm)
Pages: 275
Imprint: Prometheus Books
Publisher: Prometheus Books
Publish Date: 1-May-2003
Country of Publication: United States
Books By Author Alfred S. Posamentier
Geometry, its Elements and Structure, Paperback (July 2014)» View all books by Alfred S. Posamentier
Geared toward high school students, this text covers plane, solid, coordinate, vector, and non-Euclidean geometry. More than 2,000 illustrations. Electronic solutions manual and annotated teacher's edition available. 1977 edition.
» Have you read this book? We'd like to know what you think about it - write a review about Math Charmers book by Alfred S. Posamentier and you'll earn 50c in Boomerang Bucks loyalty dollars (you must be a member - it's free to sign up!)
Author Biography - Alfred S. Posamentier
Alfred S. Posamentieris dean of the School of Education and professor of mathematics education at Mercy College in Dobbs Ferry, New York. Previously, he had the same positions at the City College of the City University of New York for forty years. He has published over fifty-five books in the area of mathematics and mathematics education, including"The Fabulous Fibonacci Numbers "(with Ingmar Lehmann)."
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Critic Consensus: No consensus yet.
Con Games Photos
Movie Info
Watch it now
as Officer Hopkins
as Redick
as John Woodrow
Critic Reviews for Con Games
There are no critic reviews yet for Con Games. Keep checking Rotten Tomatoes for updates!
Audience Reviews for Con Games
Tommy Lee Thomas gives one of the worst performances I have seen in years. He finds every excuse imaginable to take off his shirt, and often with no logical reason whatsoever. The basic plot of the film sounds good, and could have been good, but the writers and directors completely take a fine idea and screw it up totally. The film is a mess, horrendously edited.
Con Games Quotes
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Discussion Forum


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About Avirex Clothing Malaysia
Avirex Clothing Malaysia
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How the heck do I know if my laminate flooring is sealed or not???(9 Posts)
nothercules Sat 30-Dec-06 18:11:48
charliecat Sat 30-Dec-06 18:13:38
nothercules Sat 30-Dec-06 18:20:36
nothercules Sat 30-Dec-06 18:43:52
charliecat Sat 30-Dec-06 19:04:00
themoon66 Sat 30-Dec-06 19:38:35
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JackieNo Sun 31-Dec-06 10:38:21
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4 Bedrooms
4 Bathrooms
(3 Full 1 Half)
per week
Your payment information is safe and secure through Twiddy, guaranteed.
Rates for the week of - are currently pending, but you can place an Advance Property Hold until the rates are available.
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We will send you an email if/when this week becomes available. Please be advised, booking is on a first come, first served basis.
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See how close the beach is to your home! View map
Southern hospitality that goes beyond your expectations.
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Our 38 years of family-owned experience.
Twiddy Traditional Home - bed and bath linens not provided. This soundfront home is located in the wooded community of Sanderling and offers a short, shaded walk to the beach. A private pier on the sound allows for water fun and a view of the evening sunsets.
View all photos
2 reviews
It was great and the location was great also. Loved the beach and the pool at Sanderling
Also a great "surprise delivery" from the homeowners
- Sharon
It was great and the location was great also. Loved the beach and the pool at Sanderling
Also a great "surprise delivery" from the homeowners
- Sharon
- Marlene
- Marlene
Is there easy parking at the pool and beach entrance?
Mark, the Sanderling community does not offer community ocean side parking for the beach. However, there is parking at the Sanderling sound front community pool.
- Answered by Twiddy on 6/16/2016
Hello! I would like to know if the house has a blue-ray player or a dvd player? Thanks!
Thank you for your inquiry, Bart! B900T currently provides multiple DVD players. A Blu-ray player is not currently provided.
- Answered by Twiddy on 7/24/2015
What are the bed sizes ? We need to know what size sheets to bring. Thank you!
Hi Leigh Ann! This home has 3 queen beds, and 2 bunk sets, which are twin sized mattresses. So you would need to bring 4 twin sized sheet sets.
- Answered by Twiddy on 7/5/2015
Can we bring our 16 foot boat? How shallow is the water by the pier?
Kelly, the sound can be pretty shallow at times and not suitable for larger water craft. The tide/water level changes daily. The closest public boat ramp is located in Corolla at Heritage Park, however, they do not allow overnight parking for trailers.
- Answered by Twiddy on 1/27/2015
Hello just have a few questions. How close to the rental is the pool?...walking distance?
How close is the nearest public beach and grocery store?
Whitney, the home is roughly 1.2 miles from the community pool located soundfront at the Sanderling Resort, the closest beach access is roughly 0.3 miles located on Skimmer Way and the closest grocery store is located 7.2 miles north of the home.
- Answered by Twiddy on 1/13/2015
Also the pool is checked under amenities as included but under the description it says costs an additional fee. Does the price include it?
Excellent question, Whitney! Homes in the Sanderling community have access to the sound front community pool at no additional fee. These homes also have access to tennis for an additional fee.
Is there a crib available?
Joan, baby items are not standard amenities in our Twiddy homes, but this link to the Services page of our web site, will provide the contact information for the equipment rental companies we recommend:
- Answered by Twiddy on 6/3/2014
Are there any sleep-sofas?
Joanne, B900T does not advertise any sleep sofas.
- Answered by Twiddy on 9/18/2013


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Top Linksmain detailsbiographyby votesphoto galleryquotes
Filmographiesby yearby typeby ratingsby votesby TV seriesby genreby keyword
Did You Know?photo galleryquotes
Peggy Becker (Character)
from "The Rockford Files" (1974)
Alternate Names:
FilmographyEdit Credits
- The Rockford Files: Godfather Knows Best (1996) (TV) Played by Pat Finley
- "The Rockford Files"
... aka "Jim Rockford, Private Investigator" - USA (syndication title)
- No Fault Affair (1979) TV episode, Played by Pat Finley
- Kill the Messenger (1978) TV episode, Played by Pat Finley
- The Paper Palace (1978) TV episode, Played by Pat Finley
- To Protect and Serve: Part 1 (1977) TV episode, Played by Pat Finley
- The Becker Connection (1977) TV episode, Played by Pat Finley
(1 more)
Additional Details
Plot Keywords:
Fun Stuff
Peggy Becker: Has everyone got a glass? Now we are going to have a toast. Okay, are you ready? To my husband Lieutenant Becker.
[reaction of delight from everyone]
Police Det. Dennis Becker: That's right, and Deputy Town called me and said that's it!
Jim Rockford: Great! That's really great! Lieutenant! I told you Rocky, I told everyone he was going to do it! That's great!
Police Det. Dennis Becker: [grinning] There's only one problem: Lieutenant Chapman. From here on I've got to call him Doug!
[laughter all around]
See more »
You may correct errors and omissions on this page directly. Clicking the 'Update' button will take you through a step-by-step process.


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Additional Information:
• Some balconies
• Hardwood floors
• Controlled access
• Surface parking
• Highway access, shopping, grocery/supermarket, pharmacy, restaurants, movie theatre, public park, elementary school, middle school, daycare center
PLUS: Heat and hot water included
Denwin Apartments, Professionally Managed Suites.
*Starting prices, availability and incentives are subject to change without notice. E. & O. E.
My Address:
Get Directions
Find more about Denwin Apartments on:


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Music Tutors in Richmond, Australia
Find Private & Affordable Music Tutoring in the Richmond Area!
NSW 2005 Higher School Certificate Bachelor of Social Science (Criminology) [graduated 2009] Bachelor of Science (Forensic Science)...
Currently studying a Bachelor of Medical Science- Majoring in Biomedical science at UWS Hawkesbury
2nd year Italian and Ancient History Major at Macquarie University, Graduate of Certificate IV in Music Theatre
Bachelor of Nursing at the University of Western Sydney
Bsc( Math,Physics,Chemistry),Msc(Applied Physics)Bed,Advance Diploma in Electro technology,Diploma in Electronics and Communication
UWS: Bach. of Health Science (PDHPE) UWS: Masters of Education (Secondary)
I am now a student of Master degree of Education in University of Westerm Sydney
Third Year Medical Student at Western Sydney University
Mechanical/Biomedical engineering
I'm currently a second year Electrical/Biomedical Engineering student at UNSW. I graduated from Girraween High School in 2014~
BSc Hons Pure Chemistry, Diploma in TESOL, Electronic Organ/Keyboard, Graduate Diploma in Education
●Completed the first year in Engineering at Ain Shams university in Egypt ●Currently doing an Engineering course at UWS College
Bachelor of Arts Pathways to Secondary Teaching at UWS, majoring in English, minoring in History.
Second year university student. Majoring - English Text + Writing Minoring - History, Philosophy + Politics Elective - Drama


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As I mentioned (excitedly) in my spring date night outfit, spring is finally here, and the weather is actually warm. So in celebration I wore this cute blue romper that was given to me by the people at VenJoin with a pair of combat boots. This isn't the type of thing I'd wear to class (I mean I am an engineering student) but for a day at the park or on a day date I love the feminine feel. And since the weather is nicer these photos are outside! Which means better lighting.
Romper - I'm not sure that blue is really my color but I have to say that I like this print. It's casual, and summery. The tube top fits very well and is quite comfortable but based on how the shorts fit I wish I'd gone down a size.
Boots - You've seen these boots quite a bit, my favorite time when they were paired with khaki shorts although that look was one of my less modest looks. They're held up well, look great with a host of outfits, and are quite cute if I do say so myself.


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Play Video
There's VibrisseLibri! Blue pill
Posted by Grenar on Jul. 13, 2007
This week Odin will be showing you how build Cloud's Fusion Sword from Fina...
Who will come out on top as the best Star Wars character of all time?? Our ...
It's like every other cartoon!
Posted by Grenar on Jul. 13, 2007


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Looking for new podcasts or sources of business related content? You're in luck. eBay recently launched a new podcast alongside Gimlet Creative, a media company founded by veterans of NPR and This American Life. Continue Reading →
Tag Archives: EBay
Marcus Samuelsson, eBay And Others Launch "Wine And Dine" Charity Auctions
Last week, eBay introduced eBay Wine www.ebay.com/wine an online destination that allows wine-enthusiasts and experts to browse collectible, rare and everyday wines with the help of Harlem's Marcus Samuelsson. Continue Reading →


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See Details on eBay
Seller: fuseetick (2.432) 100%,
Location: b.ham, West Midlands,
Ships to: Worldwide,
Item: 371801627240
antique tick tac movement good movement working fine see all photosCheck out my other items! thanks for lookingget lucky
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7 Views, N/A Watching, Normal amount of views. 0 sold, 1 available.
Great seller with very good positive feedback and over 50 ratings.


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Products & ServicesSee also: Categories | More Information
Supplier: Advanced Energy Industries, Inc.
Description: Piezo crystal devices Ultrasonic transducers Gamma cameras Electron beam deflection Electrorheological fluids Image scanners Spectroscopy Scintillation counters Microchannel plates Electrostatic lenses
Show More
- Style: Module
- Display: None
- Applications: Instrumentation
- Output Power: 0.0134 HP
Supplier: TE Connectivity – Sensors
Description: Featuring stable piezo-ceramic crystals, the accelerometer incorporates full power and signal conditioning with a maximum current consumption of 4 micro-amps. The model 834HT is available in ±2000g to ±6000g ranges and provides a flat frequency response up to 6kHz. BENEFITS Triaxial
Show More
- Acceleration: -6000 to 6000 g
- Frequency Range: 2 to 6000 Hz
- Number of Axes: Triaxial
- Sensor Technology: Piezoelectric
Description: is hermetically sealed against environmental contamination, and its light weight (4.6 gm) effectively minimizes mass loading effects. The model 7259B features Endevco's Piezite® type P-8 crystal element, operating in annular shear mode, which exhibits low base strain sensitivity, wide bandwidth
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- Acceleration: -50 to 50 g
- Frequency Range: 5 to 20000 Hz
- Number of Axes: Single Axis
- Sensor Technology: Piezoelectric
Supplier: Norbar Torque Tools, Inc.
Description: Magnetic Transducers – This standard style is used with ferrous materials, and consists of a rare earth magnet surrounding the piezo electric transducer. The diameter refers to the nominal diameter of the piezo electric crystal. The annular magnet increases the overall diameter to that shown
Show More
- Application: General Purpose
- Style / Type: Contact Transducer
Supplier: HiTek Power Ltd.
Description: crystal devices Ultrasonic transducers Gamma cameras Electron beam deflection Electrorheological fluids Image scanners Spectroscopy Scintillation counters Microchannel plates Electrostatic lensesShow More
Find Suppliers by Category Top
More Information Top
Sleep Disordered Breathing is Associated with Appropriate Implantable Cardioverter Defibrillator Therapy in Congestive Heart Failure Patients
Airflows at nose and at mouth were measured by a nasal cannula connected to a pressure sensor and by a thermistor;thoracoabdominal movements were evaluated by stress sensitive belts ( piezo crystal transducer Embletta Portable Diagnostic System, Medcare, Iceland) and arterial oxyhemoglobin saturation …
Heart rate variability during sleep and sleep apnoea in a population based study of 387 women
… electromyography leads (submental and left and right anterior tibialis muscles), two air-flow leads (oronasal thermistor and nasal flow pressure sensor), one pharyngeal sound lead (piezo vibration sensor), two respiratory effort leads (thoracic and abdominal piezo crystal transducers ), one oxime- ter lead …
Pairwise ANFIS Approach to Determining the Disorder Degree of Obstructive Sleep Apnea Syndrome
Each band is joined together by a piezo crystal trans- ducer .
Wavelength Modulation Absorption Spectroscopy Using a Frequency-Quadruped Current-Modulated System
The UV light was then tuned back and forth across the selected transitions by modulating the piezo crystal transducer (PZT) in the ECDL laser in a saw signal by a function generator and in a cosine signal by lock-in amplifier.
The Highly Sensitive Detection of NO Using FAMOS by a Fully-Diode-Laser-Based UV System
The UV light was then tuned back and forth across the selected transitions by modulating the piezo crystal transducer (PZT) in the ECDL laser in saw function by a function generator at a rate of 1 Hz.
Encapsulating elements membrane, coil and magnet aluminum strip, magnet capacitor plate as membrane membrane and coal gries's membrane on piezocrystal transducer principle induction capacity change direct current modulation piezoelectricity .
Tonometric Arterial Pulse Sensor With Noise Cancellation
A shallow recessed area was milled at the top surface of the block to contain the piezo transducer crystal elements (5600 plate, Channel Products, Inc., Chesterland, OH).
Technical acoustics
Transmitting transducer receiving transducer piezocrystal absorber .
Microprocessor based system for the detection and characterization of acoustic emissions for materials testing
The AE events are detected by the piezo - crystal transducer which converts the acoustic wave into an elecbical signal.
Comparative analysis of two impact-sensitive sensors for improved estimation of time difference of arrivals
Cantilever Beam (Steel, 15*14*0.3 mm) Piezo Single Crystal Transducer (PMN-PT, 15*14*0.3 mm .
Development of a force controlled periodontal probing instrument
Gabat- huler & Hassell (1971) and later Hassell, Germann & Saxer (1973) using a piezo crystal pressure transducer mounted on a periodontal probe found significant inter- examiner differences in the forces applied to the probe tip.
"Alte" and new methods for detection of gravitational shafts
As the piezocrystals as transducer don't suffice, one goes more and more to it, uber, signal to convert that instead of the cylinder center, maximum compression!
Volume changes in frog muscle during contraction
But no sign has been found ofthe very early volume decrements reported as coincident with the action potential by Ernst, who used a piezo crystal pressure transducer .
Development of Portable Self Contained Phase Shifting Digital Shearography for Composite Material Testing
The mirror is controlled by a piezo - crystal transducer and thus, is called PZT mirror (Figure 2).
Investigations on Combustion and Performance Characteristics of a Turbocharged Natural gas and Pilot Ignition Dual Fuel Engine
The cylinder number '1' was instrumented with an AVL piezo crystal pressure transducers , cooled with water and mounted in a steel sleeve through the cylinder in place of glow plug.


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on After Effects, Final Cut Pro, AVID and much more.
Video Production
Tips, tricks and tutorials for professional video producers, filmmakers, directors and camera operators.
360 Camera Buying Guide 2015
These 360 cameras are perfect for VR filmmaking and video production. Let's take a closer look at what's out there.
How JVC Changed the Future of Film
The Victor Company of Japan (JVC) was instrumental in creating the home video market. This is how one company spawned independent filmmaking and allowed you to watch movies on your television.
VFX Scenes You Thought Were Real
You can't always believe your eyes. VFX isn't always made-up monsters and otherworldly landscapes. Sometimes the best VFX executions are so subtle they're invisible.
Learn a Gruesome Lesson in Horror Makeup From Rick Baker
With these horror makeup tutorials from SFX master Rick Baker, you can take your next video project to a creepy new level – or maybe just rule Halloween!
Frame Action Sequences Like a Seasoned Director
Learn how to frame action sequences from the undisputed masters of the action film genre. From storyboards to lens choices, here's what you need to know to make things go boom.
How to Generate Easy LUTs in Photoshop
Lookup tables are one of the most useful tools for editors, colorists, and DPs alike. Here's how you can generate LUTs in Photoshop in a pinch.
How to Achieve Perfect Slow-Motion Results in Post
Overcranking in camera will give you the option to achieve beautiful slow-motion work in post. But if you don't follow the right formula in the editing room, your results will be less than ideal.
Filmmaking Hack: Building a Wireless Video Monitor
Wireless video monitoring systems are crucial for many types of productions, but their high costs can often be prohibitive for indie filmmakers. Here's how to build your own.
Considerations for Shooting in Abandoned Locations
Videographers love taking their cameras and drones into beautifully eerie places. Want to try it? Here's what to consider before shooting in abandoned locations.
Essential Premiere Pro Plugins Under $200
These essential Premiere Pro plugins can help you increase productivity without breaking the bank.
Stabilizer Rigs for Run and Gun Gigs
These camera stabilizers are perfect for when you're on the run and only have seconds to capture a shot.
DaVinci Resolve Tip: Create a Duotone Look in 2 Steps
The duotone color style can work really well as a more experimental look. Achieving great results only takes two very simple steps.


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Ossipee, NHTBD Old Granite
Est. Mortgage: $/month
- Land
- Zoning VILLVI
- Acreage 2.02
This 2.2 acre lot is in a great location on Old Granite Road. It is close to Rt. 16 and Rt. 28 but far enough to be peaceful. This lot has been surveyed with soil tests and approved driveway permit. A building spot has been cleared already and ready for you to start building. Town Resident access to Duncan Lake Beach is only a few miles away. Property is close to Wolfeboro, Ossipee Lake and only 30 minutes to Rochester and Conway.
Listed by Todd Jakubec of Costantino Real Estate LLC
Virtual TourSave FavoriteSchedule A VisitAsk A QuestionMore Details


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Recap: Special Teams Fail Sabres in Loss to CapitalsBy Chad DeDominicis December 9th, 2016 In Buffalo Sabres 0 comments
The Sabres and Capitals got together for the third time in 15 days. Tonight's meeting was the last...Read more
The Sabres and Capitals got together for the third time in 15 days. Tonight's meeting was the last...Read more
The injury story has followed the Buffalo Sabres throughout the entire season thus far. It started...Read more
"It must be a joke around the league: You score two goals against the Buffalo Sabres and you're...Read more
The Buffalo Sabres have been searching for a legitimate top defenseman for a long time. They...Read more
Buffalo sports fans are consistently some of the most cautiously optimistic in the world, and going...Read more
We didn't get the controversial opening draw photo opportunity that was missed last time Jack...Read more
The 2015 first and second overall picks are set to matchup for the second time in their career...Read more
If the Buffalo Sabres' 2016-17 campaign had to be described in one word, it would be "injuries."...Read more
Despite being DirecTV "Center Ice" subscribers, hockey fans in New York State and the greater...Read more
Buffalo Sabres star Jack Eichel has been back for two games, but his impact has been immediately...Read more
When Buffalo Sabres' general manager Tim Murray acquired goaltender Robin Lehner just hours before...Read more
#JackIsBack Pause. Reset. Twenty-one games into the season, the Buffalo Sabres' 2016-17 campaign...Read more


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LennonNYC Reviews
Christopher Long
Movie Metropolis
Movie Metropolis
February 26, 2011
This is a story about a life shared by two lovers and artists who found, lost, and then found each other again. Its quite moving even if it smoothes out the story a bit.
Full Review | Original Score: 7/10


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TONASKET – With losses in their first two league games of the season, the Tiger losing streak has increased to 19 and their head coach said they need to find a way to stop it.
About Gazette-Tribune
Stories by Gazette-Tribune
Tigers looking for a way to stop losing streak
Lady Tigers winless but improving
TONASKET – Despite losing their first two league games, the Tonasket girls' basketball team is showing improvement, their head coach says.
Tigers wrestle to 36th place tie at Tri-State
COUER dALENE – The Tonasket Tigers wrestled their way to a tie for 36th place among 55 schools at the Tri-State tournament on Friday, Dec. 18 and Saturday, Dec. 19.
Tonasket boys' basketball wins first game over Oroville in four years
TONASKET – For the first time in four years, the Tonasket boys' basketball team beat Oroville on Wednesday, Dec. 8 56-55.
Lady Hornets beat Tigers 33-22
TONASKET – For the first time in years, the Oroville girls' basketball team beat the Tonasket Tigers on Tuesday, Dec. 8, 33-22.
Dorthyan Lund
Dorthyan Lund, age 92, passed away on Nov. 26, 2009 in Sammamish, Wash. She was born in Portland, Ore. to Florence and James W. Ethington on May 24, 1917.
Thelma G. Blackmore
Thelma G. Blackmore, age 68, of Oroville died on Thursday, Dec. 10, 2009 at her home in Oroville.
Special meeting set for Dec. 22 to discuss 2010 Tonasket employee salaries
TONASKET – The city council set a special meeting for Tuesday, Dec. 22 at 7 p.m. to discuss the 2010 salaries of city employees during their regular meeting on Tuesday, Dec. 8.
Freedom of speech not limited to individuals
The Catholic Church has finally decided to take a stand against the powerful Kennedy clan. Bishop Thomas Tobin has asked Senator Edward Kennedy not to take Communion because of his open support of abortion. Kennedy's position is in direct conflict with the church's teaching on the abortion issue.
Coalition for Property Rights still working on Comp Plan
OKANOGAN – About fifty people were in attendance for the latest meeting of the Okanogan Coalition for Property Rights at the Virginia Grainger Elementary School on Thursday, Dec. 3.


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March 27, 2012
DARNELL HUTCHINSON,PLAINTIFF,v.SHIRLEY MOORE SMEAL, ET AL., DEFENDANTS.
Hon. J. Andrew Smyser
Before the Court is a Report and Recommendation ("R&R") of Magistrate Judge J. Andrew Smyser filed on January 18, 2012 (Doc. 43), that recommends we grant in part and deny in part the Defendants' Motion to Dismiss. (Doc. 24). Specifically, the Magistrate Judge recommends that we dismiss all of the claims contained within pro se Plaintiff Darnell Hutchinson's ("Plaintiff" or "Hutchinson") amended complaint, save for his retaliation claims against Defendants Cook, Wiedel, Clapper and Johnson. After being granted an extension of time within which to do so, Hutchinson filed objections to the R&R on March 22, 2012. (Doc. 48). Accordingly, this matter is ripe for our review.
I. STANDARD OF REVIEW*fn1
When objections are filed to the report of a magistrate judge, the district court makes a de novo determination of those portions of the report or specified proposed findings or recommendations to which objections are made. 28 U.S.C. § 636(b)(1); United States v. Raddatz, 447 U.S. 667, 674-75 (1980). The court may accept, reject, or modify, in whole or in part, the magistrate judge's findings or recommendations. Id. Although the standard of review is de novo, 28 U.S.C. § 636(b)(1) permits whatever reliance the district court, in the exercise of sound discretion, chooses to place on a magistrate judge's proposed findings and recommendations. Raddatz, 447 U.S. at 674-75; see also Mathews v. Weber, 423 U.S. 261, 275 (1976); Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984).
As noted above, Magistrate Judge Smyser recommends that all of Plaintiff's claims, save for his retaliation claim against Defendants Cook, Wiedel, Clapper and Johnson, be dismissed. Plaintiff objects to the Magistrate Judge's recommendation of dismissal of his due process, equal protection and conspiracy claims. Before we turn to an analysis of the Magistrate Judge's recommendations and the Plaintiff's objections, we shall briefly summarize the salient facts that give rise to this action.*fn2
1. Factual Background
Plaintiff is an inmate at the State Correctional Institution at Huntington, Pennsylvania. He claims that, during the interview process for prerelease and parole, he was wrongfully accused of certain things in his past, including being questioned about whether he had a previous rape conviction and whether he had physically abused his spouse. This information concerning his spouse was gleaned from information contained in a presentence report, wherein it states that Plaintiff's ex-wife had told the preparer of the report that he had physically and mentally abused her. Based on this information, Defendant Cook recommended that Plaintiff participate in the "Batterer's Group," which is a type of therapy treatment program at the institution. Plaintiff responded by accusing Cook of lying and retaliating against him for filing grievances. Plaintiff alleged thatDefendant Wiedel said that she did not have time to check out the information at that time and that she would continue his participation in the program. Plaintiff left Wiedel's office and stopped at the sergeant's desk to ask Defendant Clapper for a grievance form.
Plaintiff alleges that Defendant Clapper informed Wiedel and Cook that he was about to file a grievance, and that Plaintiff was then called back into Wiedel's office and questioned about why he was filing a grievance. Wiedel told Plaintiff that she had checked with the records office and had been told that Plaintiff did not have any rape convictions. Plaintiff told Wiedel that he was still going to file a grievance against Cook because he felt Cook was retaliating against him for prior grievances he had filed.
Plaintiff alleges that Wiedel then began questioning him about a 1972 conviction for assault, asking him whether he had assaulted his girlfriend. Plaintiff told Wiedel to "check the records to see for herself," and Wiedel allegedly responded by insulting and belittling Plaintiff by saying: "You look much older than fifty-six years old and you won't get out of jail until you are about eighty years old." Plaintiff responded by saying this was "retaliatory BullSh" to prevent him from getting prerelease and making parole. After Wiedel told Plaintiff he could return to his cell, Defendant Clapper allegedly came to his cell and told Plaintiff to pack because he was going to the Restricted Housing Unit ("RHU").
Plaintiff next alleges that he was taken to the RHU and was given a misconduct report charging him with using abusive language, disobeying an order and threatening a staff member.*fn3 Wiedel did write on the misconduct report that Plaintiff had been correct about not having a rape conviction. She also wrote that he had admitted to assaulting his girlfriend, which Plaintiff contends is a lie. Plaintiff received sixty days of disciplinary custody time.
2. Analysis
The Plaintiff objects to the Magistrate Judge's conclusion that Plaintiff did not have a due process right to notice and a hearing with respect to his assignment in the Batterer's Group.
"A prisoner may be deprived of a liberty interest of the Constitution in two ways: (1) when severe changes in conditions of confinement amount to a grievous loss that should not be imposed without the opportunity for notice and an adequate hearing; and (2) when state statutes and regulations create a liberty interest in freedom from restraint that imposes an 'atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life[,]' thereby triggering due process protection." See Renchenski v. Williams, 622 F. 3d 315, 325 (3d Cir. 2010) quoting Sandin v. Conner, 515 U.S. 472, 484 (1995).
Magistrate Judge Smyser rejected Plaintiff's contention that by forcing him to accept the Batterer's Group programming without notice or a hearing, he was being deprived of his due process rights. Plaintiff contended before Magistrate Judge Smyser, as he does now on his objections, that he is similar to the inmate in Renchenski. In Renchenski, the Third Circuit held that an inmate who had never been charged with, nor convicted of, a sex offense, is entitled to due process before being classified as a sex offender and required to undergo sex offender treatment. Id. at 331. The court recognized that "prisons have a strong interest in enrolling their inmates in various rehabilitative programs and that prison administrators are in the best position to exercise discretion in administering those programs." Id. But, because of the highly stigmatizing nature of being labeled as a sex offender, which label in the prison setting may endanger a prisoner's safety, and the intrusive nature of the sex offender therapy program, which consisted of weekly psychotherapy sessions for approximately two years, the court held that due process requires adequate process before labeling a prisoner a sex offender and requiring him to undergo treatment. Id. Magistrate Judge Smyser reasoned that, while being labeled a sex offender in prison is highly stigmatizing, that the Plaintiff had not established that being labeled as a batterer in prison is highly stigmatizing, and thus recommends that his due process claim be dismissed.
While the Court may ultimately conclude that being labeled a "batterer" does not attach the same level of stigma as being labeled a sex offender, and as such due process rights are not implicated, we find at this juncture in the litigation, it would be premature to dismiss the Plaintiff's due process claim. It is our view that this claim needs further factual development before it can be appropriately adjudicated. Accordingly, we shall exercise the greater caution and reject the Magistrate Judge's recommendation that the Plaintiff's due process claim be dismissed.*fn4
The Plaintiff also objects to the Magistrate Judge's recommendation
that his equal protection and conspiracy claims be dismissed.
Plaintiff claims that Defendants Cook, Wiedel, and Clapper*fn5
conspired to have him confined in the RHU to prevent him from
filing a grievance and that their actions were racially motivated
because he is a person of color and they objected to him filing
grievance against a co-worker. Plaintiff alleges that these Defendants
mutually agreed to make false misconduct reports against Plaintiff
based on his race. In our view, Plaintiff has made sufficient factual
allegations to move these claims past the motion to dismiss stage.
Thus, we respectfully disagree with Magistrate Judge Smyser's
conclusions, which were made absent exhaustive analysis, and shall
reject his recommendation to dismiss these claims as well.
Accordingly, based on the foregoing, we shall adopt the R&R in part and reject it in part and the Defendants' Motion to Dismiss shall be granted in part and denied in part as follows.
1. The Report and Recommendation (Doc. 43) of Magistrate Judge Smyser is ADOPTED IN PART and REJECTED IN PART as follows:
a. The Defendants' Motion to Dismiss (Doc. 24) is GRANTED with respect to the Plaintiff's official capacity claims for monetary damages, his access to the courts claim and his ex post facto claim. These claims are DISMISSED.
b. The Motion to Dismiss is DENIED in all other respects
2. This matter is REMANDED to Magistrate Judge Smyser for all further pre-trial management.
John E. Jones III United States District Judge
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decided: February 21, 1910.
TOXAWAY HOTEL COMPANYv.SMATHERS & CO.
[ 216 U.S. Page 445]
MR. JUSTICE LURTON, after stating the facts as above, delivered the opinion of the court.
The act of 1867 applied to "all moneyed business or commercial
[ 216 U.S. Page 446]
corporations and joint-stock companies." The present act applies only to such corporations as are "principally engaged" in certain enumerated kinds of business. That of inn-keeping, though as old as civilization, is not specifically enumerated. Unless, therefore, a corporation engaged in the business of hotel keeping is embraced within one or the other of those which are enumerated, it is not liable to an involuntary adjudication.
The contention is that this was a corporation principally engaged in "trading" or "mercantile pursuits."
For the present we shall only deal with the bare question as to whether inn-keeping is within a proper definition of "trading" or "mercantile pursuits." The keeping of a bar, cigar and news stand are obviously but ordinary incidents to the main business when conducted within the inn, and primarily for the convenience of guests. The maintenance of a livery and of small pleasure boats for the accommodation of guests may also be accepted as merely incidental to that class of hotels called resorts. The significance of the fact that this company did, in addition to the ordinary business of hotel keeping, engage to a certain extent in an outside trading or mercantile business will later be considered.
Having thus narrowed the question, we must answer that a corporation engaged principally in running hotels is not a corporation engaged principally in "trading" or "mercantile pursuits." An innkeeper is one who maintains a house for the entertainment of strangers, for a reasonable compensation. To secure this compensation he is given a lien upon the property of his guests within the inn. For this property he is under liability much like that of a common carrier. So long as he has room, he must receive all who may apply and are fit persons. He may not discriminate. To say that he buys and sells articles of food and drink is only true in a limited sense. Such articles are not bought to be sold, nor are they sold again, as in ordinary commerce. They are bought to be served as food or drink, and the price includes
[ 216 U.S. Page 447]
rent, service, heat, light, etc. To say that such a business is that of a "trader" or a "mercantile pursuit," is giving those words an elasticity of meaning not according to common usage.
Until changed by a Parliamentary declaration in 1825, Act 6, George IV, c. 16, defining the persons included under the term "trader," as used in the bankrupt and insolvency acts, it was held that an innkeeper was not a tradesman. Newton v. Trigg, 1 Showers, 96; Luton v. Bigg, Skinner, 276, 291; Willitt v. Thomas, 2 Chitty, 691.
In Luton v. Bigg it was said of an innkeeper: "He is in the nature of a public person, and his house and occupation a thing of necessity, and his gain does not arise from the victuals which he sells, but from his furniture and attendance."
In Newton v. Trigg, cited above, it was said: "An innkeeper cannot get his own prices, but is bound to a reasonable price. A tradesman may sell to whom he pleases. An innkeeper cannot refuse his guest. He doth not get by buying and selling. He gets by the price and hire of his lodging, also by the profit on the ale of kitchen. The profits from his stables do not arise from hay alone, but from the standing."
Congress having never by express legislation declared an innkeeper a "trader," it must be presumed to have used the word in its well-understood public and judicial meaning, and cases based upon a Parliamentary meaning are not in point. See Hall v. Cooley, Fed. Case No. 5,928, and In re Cote, Fed. Case No. 3,267, where Judge Lowell, referring to the declaratory act giving a list of occupations which should constitute trading, said that Congress "had not defined a tradesman and the question was therefore addressed to the common usage of this country and to the judge's knowledge of his own language." He defined a tradesman "as substantially the same as shopkeeper." In the case styled In re Smith, Fed. Case No. 12,981, the same learned judge adopted the definition of Bouvier, who defines a tradesman as "one who makes it his business to buy merchandise or goods or chattels to sell again
[ 216 U.S. Page 448]
for the purpose of making a profit." If the occupation of inn-keeping is not "trading," it is not a "mercantile pursuit," for little more than a broader significance can be given to that term than to "trading." It is, in fact, trading in the larger sense. "Mercantile" is defined "as having to do with trade or commerce; of or pertaining to merchants, or the traffic carried on by merchants" (Century Dictionary). To be principally engaged in a mercantile pursuit one must be carrying on commerce in some of its branches. See In re Cameron Insurance Co., 96 Fed. Rep. 756; Loveland on Bankruptcy, § 48; In re New York & W. Water Co., 98 Fed. Rep. 711. The conclusion we reach accords with that announced by the Sixth Circuit Court of Appeals in In re United States Hotel Co., 134 Fed. Rep. 225, where the matter is considered and the cases bearing upon the subject reviewed.
But it is said that although this was a hotel company and engaged in doing the business of an innkeeper, it was in fact principally engaged in trading and mercantile pursuits. If so, that is the end of the matter, for liability under the act is dependent upon what it was actually doing rather than upon what it was organized to do or professed to be doing. See Friday v. Hall & Kaul Co., just decided.
It may have been engaged in doing two distinct kinds of business. But unless this corporation was "engaged principally" in mercantile pursuits, it was not amenable to the act. "Engaged principally" are plain words of no ambiguous meaning. They need no construction. Amenability to the statute must turn upon the facts of the case where, as here, the same corporation was engaged in "mercantile pursuits" in addition to inn-keeping. There is no way to settle whether it was "engaged principally" in the one or the other but by a comparison of the two. When we do this it is easy to see that the mercantile business which it did was of minor character and was largely an incident to the location of the hotels of the company in a thinly settled mountainous region. The stores were country stores -- that is, stores dealing in a
[ 216 U.S. Page 449]
great variety of ordinary necessities. From two-thirds to three-fourths of the goods handled were used in the running of the hotels, upon order of the stewards. Much of the remainder were sold to the employes, and the rest to customers at large, who paid in money or bartered country supplies for goods. The average stocks carried were from three to four thousand dollars in value. They were in a large sense hotel commissaries. The business was done but for one season. If we compare the volume of that done by the innkeeping business proper with that done by the stores the minor character of the latter is plain. The hotels employed one hundred and thirty persons; the two stores, four. The receipts of the hotel business plus the mercantile business -- for all were kept upon one set of books -- for the year 1906 were $127,136.01. The receipts for the previous year, when no stores were operated, were $119,171.36. The volume of mercantile business must have been small compared to the volume of the hotel business proper. That the company was "engaged principally" in the hotel business proper is plain. It was, therefore, not amenable to the act.
The answer to the interrogatory of the Circuit Court of Appeals must, therefore, be in the negative.
© 1998 VersusLaw Inc.
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