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H. C. OSBORNE, William Knapp, A. Barber, et al., Appts., v. SAN DIEGO LAND & TOWN COMPANY OF MAINE.
20 S.Ct. 860
44 L.Ed. 961
H. C. OSBORNE, William Knapp, A. Barber, et al., Appts.,
No. 201.
Argued March 19, 1900.
Decided May 14, 1900.
This is a bill in equity to review and reverse a decree entered in the United States circuit court for the southern district of California in a suit in which Charles D. Lanning, receiver of the San Diego Land & Town Company of Kansas, was complainant, and appellants herein were respondents, and in which the appellee was substituted before decree as complainant in lieu of said Lanning.
The bill is extremely voluminous, reciting all the pleadings and proceedings in the original suit.
The following is a condensed summary of them:
The bill, in addition to the incorporation of the company and the appointment of a receiver of its assets and affairs, alleged that it was the owner of valuable water, and water rights, reservoirs, and an entire water system for furnishing water to consumers, and that it had a franchise for impounding, sale, and disposition of the waters owned and stored by it to the respondents and other consumers, and to the city of National City and its inhabitants.
The company's supply of water came from the Sweetwater river, a small stream about 5 miles from the city of National City, and its means of distributing the water, which were described, could supply but a limited amount of territory, consisting of farming lands within and outside of said city, and in part of the residence portion of the city.
The company in procuring the water and its distributing system had expended up to January 1, 1896, the sum of $1,022,473.54, which was reasonably necessary for the purposes.
By the said expenditure it had procured and owned, 'subject to the public use and the regulation thereof by law,' water and water rights, a reservoir site, and a reservoir of the capacity of six thousand million gallons, and had constructed mains necessary to supply the defendants and their lands, and had constructed and put in the mains and pipes necessary therefor, and was at the time mentioned in the bill furnishing the defendants and each of them with water.
The defendants are the owners respectively of tracts of land under the system of the company, most of them of only a few acres each, and each became the owner of a water right to a part of the water of the company necessary to irrigate his tract of land, and became liable to pay for a yearly rental such as the company was entitled to charge and collect.
The annual expense of the system and its operation, including interest on its bonds, and excluding the natural and necessary depreciation, was $33,034.77, and to pay this expense and income of 6 per cent on the amount invested on the 1st of January, 1896, it was necessary that the rates for waterbe fixed to realize $119,791.66.
The amount realized outside of the city of National City for that year was about $15,000, and no more than that sum could be probably realized for the year ending January 1, 1897.
The mains and pipes were perishable, and required to be replaced at least once in sixteen years, and required frequent repairs.
To acquire the water and construct the system, the company was compelled to borrow $300,000, and to pay interest in the sum of $21,000 annually, which must be realized from the sale of its water, and was part of its operating expenses, and the share of its revenues which should be raised in the city of National City was about one third, and the amount which could be raised from said city at the rates which prevailed under the ordinance mentioned in the bill was about $10,715 per annum, and no more.
The value of its water franchises and system was $1,100,000.
No other person or corporation was furnishing water to defendants, nor was there any other system by which they could be furnished, but the franchises and the rights of the company were not exclusive.
The city of National City was a municipal corporation of California, of the sixth class, and the board of trustees thereof claiming to act under the Constitution and laws of the state, passed an ordinance fixing the rates to be charged for water sold and furnished by the company to consumers of the city.
The company commenced to furnish water in the year 1887, and was informed by its engineer that its system and supply of water would furnish to consumers sufficient to irrigate 20,000 acres, and in addition what would be necessary for domestic use inside and outside of said city. The company was unfamiliar with the operation of the plant and system constructed and the cost of operating and maintaining them, and relying upon the estimates of the engineer, and believing that an annual rate of $3.50 per acre would be sufficient, fixed the rate at such sum, and had charged it until January 1, 1896, but instead of being able to supply sufficient water to irrigate 20,000 acres, it had been demonstrated by actual experience that the system would not supply sufficient to irrigate, to exceed 7,000 acres, together with water demanded for domestic use, and it was believed not to exceed 6,000 acres, although there were about 10,000 acres under the system susceptible of irrigation.
At the rate of $3.50 per acre, even if all the lands of the system should be supplied with water and the rates in National City should be maintained, the company would not be able to pay operating expenses and maintain its plant, and the money invested in it would be lost, and the company would be compelled to furnish water at a loss, as it had been furnishing water at a loss, and its system had been going gradually to decay consequent upon the want of revenue and means to replace the same.
To pay cost of operating and maintaining its system and a reasonable interest it was necessary to charge $7 for irrigation purposes, and said sum was a reasonable rate for consumers to pay, and the smallest amount for which the company could furnish water without loss.
By the laws of California the board of supervisors might upon petition of twenty-five inhabitants and taxpayers of the county fix the yearly rental for water, but no such petition had been presented or rates fixed in the case of the company.
For the reasons above stated the company gave notice to the defendant that on January 1, 1896, it would establish a rental of $7 per acre.
The defendants and each of them refused to pay such sum, and maintain that neither the company nor its receiver had the power to increase the rental, and that the former rate must be and remain the rental until the board of supervisors establish one as provided by law.
The increase of the rental was absolutely necessary to maintain and operate the plant.
To enforce the rental the complainant caused the water to be shut off the premises ofea ch of the defendants, and each of them threatened and would, unless restrained by the court from doing so, commence a suit in the superior court of San Diego county, California, to compel complainant to turn on and furnish water again, claiming the use for $3.50 per acre, and for damages. The rights of the defendants and the determination of the question of the right of the company would affect all in the same way and extent, except the quantity of land owned by the several defendants was different.
The bringing of said suits would involve complainant in a multiplicity of suits, would hinder him in the operation of the property of the company and the settlement of its debts and obligations, and the questions involved could better be settled in one suit.
The increase in rates would add to the revenue of the company with the amount of land now under irrigation, not less than $14,000 per annum, and upon the whole of the land which could be irrigated not less than $20,000 per annum.
There were allegations of the legal character of certain of the defendants, and the bill concluded with the following prayer:
'Wherefore your orator prays your honors to grant to him the writ of injunction against the defendants and each of them, enjoining them from prosecuting in the state courts or elsewhere separate actions against your orator or said land and town company; that said defendants and each of them be required to appear in this suit and set up any claims they may have against the right of your orator or said company to increase the rental for water furnished by said company, as aforesaid, and that it be finally decreed by this court that your orator, as such receiver, and said company have the right to increase the amount of its rentals to any reasonable sum, and that the sum of $7 per acre per annum is a reasonable rental to be charged, and that the defendants and each of them be required to pay said rate as a condition upon which water shall be furnished to them, and that your orator shall have generally such other and further relief as the nature of his case may require.'
The answer was very long and somewhat confused by repetitions. The substance of it is given in the opinion of the circuit court. 76 Fed. Rep. 319.
It is sufficient for the purpose to say that its allegations and defenses were based on the claim that the supply and system of the company were subject 'to the water rights, easements in, and servitudes upon said reservoir and system, and to all other rights acquired by these defendants therein . . . and annexed to the respective parcels of lands of these defendants. And also each such water right and easement was in freehold and was a freehold servitude imposed upon said water system for the benefit of the land to which it was appurtenant, and that all claims and demands of said company for the price or compensation therefor had been paid or otherwise satisfied by purchase or otherwise, as in the bill of complaint alleged.' And such rights extended to and included the right to have the company maintain that system efficiently to conduct the water to the premises of each of the defendants for irrigation, and other uses, at 'the annual rates to be deemed and accepted as the legally established rates therefor under the facts hereinafter set forth.'
These facts were, besides those stated in the opinion, that each defendant and all of them paid the full amount demanded by the company as the price of the perpetual easement of water supply from the system granted and annexed to their lands, and that they were forever discharged from the payment of any further sum to apply on the principal of or as income upon the cost or value of the system or debt incurred for its construction or the value of their respective water rights. And that in these respects the company had put all lands on an equal footing, and they had remained on the same footing for more than five years, and in many cases had changed hands; that the value of the water rights had for more thn five years entered into the market value of the lands and the price paid to their vendors by the defendants, who were their successors in title, and they were induced to purchase, improve, and settle upon their respective parcels on account of the rate of $3.50 per acre per annum, and it entered into and became a material element of their value.
That by the Constitution of the state of 1879, it is provided in article 14, § 1, among other things, as follows, to wit:
'The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the state, in the manner to be prescribed by law.'
'Sec. 2. The right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law.'
And in pursuance of the provision the legislature passed an act approved March 12, 1885, entitled 'An Act to Regulate and Control the Sale, Rental, and Distribution of Appropriated Water in the State Other than in Ann City, City and County, or Town Therein, and to Secure the Rights of Way for the Conveyance of Such Water to the Places of Use.' The act provided that the sale and distribution of appropriated water was a public use, and the right to collect compensation therefor a franchise, and, except when furnished by a city or town, should be regulated and controlled by the board of supervisors of the counties of the state in the manner prescribed, and that the board might establish different rates as the case might be, and different rates for the several different uses, such as mining, irrigating, etc., for which the water should be applied, and the rates fixed should be binding and conclusive for a year, until established anew or abrogated. And it was provided that until the boards of supervisors establish rates, the rates 'actually established and collected . . . should be deemed and accepted as the legally established rates.'
That the rate of $3.50 per acre was the only actual rate for irrigation which had ever been established and collected by the company or its receiver, or assented to by consumers.
That they each had since January 1, 1896, paid the rate of $3.50 per acre to the complainant as receiver, and were willing and offered to pay the same as long as it should be legally established. And it was averred that in so far as the act of 1885 purported to prohibit the company from the sale of servitudes in freehold upon its system, or to contract respecting the same, or to receive full compensation from any consumer therefor who was willing to contract for the same, and to prescribe that such easement should be used only upon the terms and conditions that the owners render net annual receipts and profits upon the value thereof in perpetuity, or to prohibit contracts respecting the annual receipts, or to extinguish and satisfy the right of the company to such net annual receipts, the same was unconstitutional and void, and in conflict with the Fourteenth Amendment of the Constitution of the United States, and § 1, article 9, of the Constitution of the state.
That the liability of the defendants to pay rates was several, not joint, and that certain of the defendants were not residents of the state, certain others not residents of the county of San Diego, and others were school districts, and that none of them were competent to make petition to the board of supervisors, as required in the act of 1885, and said act, as far as it purported to authorize the company to increase the rates of $3.50 per acre, was in violation of the Fourteenth Amendment of the Constitution of the United States, and deprived each of them of his or her property without due process of law, and to each of them the equal protection of the laws.
That in so far as the statute of 1885 purported to ath orize the company to shut off water from the lands of defendants or to increase the rate without consent of the defendants, or to permit its collection without giving the defendants a standing in court to contest the reasonableness of the increase, was also in violation of said Fourteenth Amendment. And, also, that the complainant, by shutting off water, violated that amendment.
The bill of review then averred that there were exceptions taken to the answer on the ground that it did not set forth or discover relative and material matters of fact tending to show that the bill was not true or in confession or avoidance thereof, but instead set forth immaterial and irrelevant matter.
Each exception was specific, but altogether they went to the whole answer except its admissions and certain of its denials.
It was prayed that the defendants be compelled to amend the answer, and to put in a full and sufficient one.
The exceptions coming on to be heard, they were sustained—the defendants excepted.
By order of the court, on motion of complainant, Charles D. Lanning was discharged as receiver, and the San Diego Land & Town Company of Maine was substituted as complainant—defendants excepted.
A notice was given of a motion to be made that the bill in the suit be taken pro confesso, and a decree of the court be taken accordingly, on the ground that the exceptions to the answer had been sustained and no amended answer had been filed within the time allowed.
The motion came on to be heard, and, pending its hearing, the defendants gave notice of a motion to dismiss the suit on the ground that the receiver had been discharged, the property had been sold under foreclosure, and had passed into the hands of another corporation; that the San Diego Land & Town Company of Maine was not the successor of the receiver, and had no interest or right to prosecute the action, and that the board of supervisors of San Diego county had fixed the rates of the company.
The two motions came on to be heard on the 2d of January, 1898, and the motion to dismiss was denied, and the motion that the bill be taken pro confesso against all the defendants was granted, and a decree ordered to be entered according to the opinion of the court. The defendants excepted.
The bill of review further averred that the court caused to be entered, greatly to the prejudice of the orators, its decree which was set out at length. It further averred that the defendants had paid the costs adjudged against them, and detailed at length their exceptions to the ruling of the court. The exceptions reasserted the materiality and sufficiency of the averments of the answer, contended that the court misapprehended them, and erroneously treated and considered the exceptions as raising for discussion the merits of the case, and by expunging the answer from the records deprived the defendants of the right to have the merits of their defenses on their face regularly determined upon the setting of the cause for hearing on bill and answer or upon issues raised and proofs made.
The bill of review asserted further errors against the decree in that it denied the rights alleged in the answer of defendants, and so construed and enforced the Constitution and statutes of the state as to violate § 1, art. 14, of the Constitution of the United States, in that it maintained the company and the receiver in increasing the rate, and the condition of nonpayment the right to shut off the water from the lands of the defendants, and thereby deprived them of the equal protection of the laws and of their property without due process of law. And further, because it was an exercise of judicial power to the same end, and to the deprivation of the right of contract without due process of law. Also denied to the state a republican form of government, guaranteed by § 4, art. 4, of the Constitution of the United States, in that, as enforced and applied, the state assumed the absolute control of all water appropriatd and all works for its distribution, abolished capacity to acquire property, rights, and servitudes in such water and waterworks absolutely, or with ownership of lands for irrigation, or free from the perpetual obligation to pay net revenue of not less than 6 nor more than 18 per cent per annum upon the cost or value of the water system; and abolished the right or capacity to ascertain, fix, or define, by contract or convention, the rate of compensation to be paid by any consumer for the supply of water for irrigation of land.
Error was also asserted in the decree in that it was in favor of the San Diego Land & Town Company, of Maine, although it had not become a party to the cause, by supplemental bill or otherwise, and because what interest it had did not appear, nor was its claim to any interest set forth, so that the defendant could answer or plead thereto. Also, error in that the court had no jurisdiction to entertain the cause or make any decree on the merits, and error in not dismissing the suit after the discharge of Lanning, the receiver and complainant.
The bill concluded with the following prayer:
'Wherefore, as said errors appear on the face of the record, and are greatly prejudicial to complainants and their rights in the premises, complainants pray that said decree may be reviewed, reversed, and set aside, and no further proceedings taken therein; and to that end complainants pray process by subpoena against the San Diego Land & Town Company, of Maine, requiring it to appear and answer hereunto, and show cause, if it may, why said decree should not be reviewed, reversed, and set aside, and such further orders and decrees be made as to the court may seem just, including the restoration to your orators of the sum of money paid under said decree, as aforesaid.'
The defendant (appellee) moved the court to strike the bill from the files and dismiss the suit.
The motion was denied. The water company then demurred to the bill on the grounds that it appeared therefrom that there was no error in the proceeding and decision in Lanning v. Osborne appearing on the face of the record or otherwise; that complainants were not entitled to the relief prayed for, or any relief; that no error appeared in said suit which could be relieved by a bill of review or a bill in the nature of a bill of review; that the remedy of complainants was by appeal.
The demurrer was sustained with leave to complainants to amend the bill in ten days.
The complainants elected to stand on their bill, and decree was entered on the demurrer as follows:
'It is therefore considered and decreed by the court that the plaintiffs take nothing by their bill herein; that said bill be, and the same is hereby, dismissed, and that the defendant have and recover of and from the plaintiffs its costs in this behalf laid out and expended, taxed at $20.50.'
The case was then brought here.
Messrs. Alfred Haines, C. H. Ripley, M. L. Ward, and George Fuller for appellants.
Messrs. John D. Works, Lewis R. Works, Bradner W. Lee, and Charles D. Lanning for appellees.
Messrs. John Garber and Frank H. Short filed a brief as amici curiae.
Mr. Justice McKenna, after making the above statement, delivered the opinion of the court:
One of the grounds of demurrer to the bill was that it appeared from the complainants' own showing that their remedy was by appeal and not by bill of review. It is not pressed with much earnestness here, and is clearly untenable. Whiting v. Bank of United States, 13 Pet. 6, 10 L. ed. 33; Putnam v. Day, 22 Wall. 60, 22 L. ed. 764; Buffington v. Harvey, 95 U. S. 99, 24 L. ed. 381; Ensminger v. Powers, 108 U. S. 292, 27 L. ed. 732, 2 Sup. Ct. Rep. 642; Willamette Iron Bridge Co. v. Hatch, 125 U. S. 1, 31 L. ed. 629, 8 Sup. Ct. Rep. 811; Story, Eq. Pl. 10th ed. §§ 403 et seq.
The principal contention of the appellants is that the water rights are easements in the real estate constituting the water system. In other words (as described by appellants), 'incorporeal interests in the corporeal property of a water system annexed to lands irrigated by that system.' Being such, the corporation may sell them, the landowner may contract for them— may buy them outright ad free himself wholly from annual rates, or may stipulate for a particular rate. In other words, that the water right is an interest in the system, paid for with the land, or by the stipulated rate, and not subject to any rate or to increase beyond the stipulated rate, according to the varying expenses or valuations of the system.
It is claimed to be property, and the right to sell and to buy it is asserted respectively for the owner of the system and the consumers of its waters, and that the Constitution and laws of the state of California do not prohibit this, or if they can be construed to do so violate the Fourteenth Amendment of the Constitution of the United States by depriving appellants of their property without due process of law, and violate also certain provisions of the Constitution of the state of California.
It is further contended by appellants that conceding a contract cannot be made between 'water corporations' and their customers for a particular rate which will preclude regulation by the state, that until such regulation the parties—company and consumers—may contract. And, further, that the rate of $3.50 per acre per annum was the rate charged and collected by the company, and therefore became the rate established by law by virtue of a provision in § 5 of the statute of 1885, hereafter quoted.
It is also contended that the answer in the original suit averred the rate of $3.50 per acre per annum was a reasonable rate, and denied that the increased rate of $7.00 per acre was reasonable, and that on the issue thus raised, the defendants there, complainants in the bill of review, were entitled to a hearing.
The charge of error in the decrees is based on their adjudging against these contentions.
Opposing the contentions of appellants, the appellee makes a distinction between the facilities for the use and the right to use the water of its system and the actual use of it. The compensation for the former, appellee concedes, may be the subject of contract; the rate for the latter, it contends, is subject to regulation by law, but, until so regulated, may be established by the water companies.
The circuit court did not accept the distinction made by appellee. It did not accept the view contended for by appellants. It held, interpreting the Constitution and laws of the state, that the appropriation and disposition of water was a public use, the right to collect tolls or compensation for it a franchise, subject to regulation and control in the manner prescribed by law, and that such tolls and compensation could not be fixed by the contract of the parties.
If the contention of the appellee is justified, that the contracts between it and the appellants gave it the right to establish the rates, the controversy is narrowed and simplified, and we are relieved from deciding the many interesting and difficult questions pressed by appellants for judgment.
There was some difference in the way the water rights of the defendants arose, but they are assimilated in the same legal right by the allegation in the original answer that the company did 'not make or claim any distinction in respect of the character and quality of the water right, or of the annual rates actually established or collected for irrigation.'
It is only necessary, therefore, to say in description that some of the lands were purchased before 1892, and up to that date there was no express or separate grant of 'water rights.' Some were purchased after 1892, and as to them there was a specific sale of the appurtenant water right. The contracts in both cases contained an agreement to sell certain described real estate, 'together with a water right to one acre foot of water per annum for each and every of said above-described real estate, to be delivered by the party of the first part through its pipes and flumes at a point—said water to be used exclusively on said real estate, and not to be diverted therefrom. Provided, that the party of the first part may change the place of delivery ofsa id water, so long as the same is near the highest point of said land. For which land and water right the party of the second part agrees to pay the sum of—dollars.'
The contracts also contained the following provisions:
'And the party of the second part further agrees and binds—self,—heirs, executors, and assigns to pay the regular annual water rates allowed by law and charged by the party of the first part for water covered by said water rights, whether said water is used or not, and to pay for all water used on said land for domestic purposes, monthly, under such rules and regulations for the delivery of water to consumers, as the party of the first part may from time to time make.'
Other lands (about 900 acres) described in the answer as 'lying outside of National City' were derived, not from the company, but water rights were attached to them on the same basis as to the lands sold by the company up to 1892. After that date the company refused to furnish water, except upon the payment of a sum in gross for the water right over and above the uniform annual rate established and collected, or in lieu thereof 6 per cent annual interest upon the company's estimate of the value of such right. The price was first fixed at $50, afterwards at $100, and the contract in addition providing for the sale of the water right contained the following provision:
'In consideration of the foregoing stipulations and agreements, the party of the second part agrees and binds—self, heirs, executors, and assigns, to pay the sums above specified promptly as the sums, and each of them, falls due, and that—will in all things comply with and perform the terms and conditions of this agreementon—part to be performed, and that—and they will promptly pay all annual water rates and charges for the water to which—is entitled under and by virtue of this agreement, at rates fixed by the party of the first part as allowed by law, and at the times, in the manner, and according to the rules and regulations made and adopted by the party of the first part, the annual rental for the amount of water to which the party of the second part is entitled under this contract, to be paid whether the same is used or not, and also to pay for all water used by—on said land for domestic purposes at the rates fixed by the party of the first part and allowed by law.'
Under the same form of contract water rights were attached to about 400 acres of land belonging to other defendants.
To lands which lay in what is designated Ex-Mission the contracts contained the following provision:
'The parties of the first part will make application for the use of the water upon the form provided by the party of the second part for that purpose, and pay for the use of the water at the current rates as may be enforced from time to time for supplying lands in National Ranch, and subject to the same general rules and regulations.'
J. M. Ballow, one of the defendants, claimed his water right under a contract which provided as follows:
'Provided, that said party of the second part shall make application in the form provided by the company, for the use of the water, and use the same under the same restrictions and conditions, and to pay said party of the first part the current rate therefor, as established, for Chula Vista; provided, said restrictions and conditions are not inconsistent with the water right hereby granted to said party of the second part.'
The rates in Chula Vista were governed by the general contract.
It is apparent that the contracts in all things substantial to the controversy are similar. They provide for the payment of a certain sum for land and water rights, or for water rights alone, and all for the payment of annual rates besides. And provide directly or by reference that the annual rates shall 'be fixed by the party of the first part (the company), as allowed by law,' to be paid whether the water is used or not. Water used for domestic purposes is also to be paid for 'atth e rates fixed by the party of the first part and allowed by law.'
These provisions do not leave much room for construction. For irrigation purposes and for domestic purposes the rental of water is to be paid at rates 'fixed' by the company. The only qualification is 'as allowed by law.' What this means we shall presently consider; but whatever it means, it does not sustain appellant's contention that the rate of $3.50 per acre per annum was irrevocable, secured to them free from the power of variation by the company or by law. It is not important to consider, therefore, whether, under the Constitution and laws of the state, they could contract with the company for the price of a water right. If the contract, they plead, gives to the company the power to fix the annual rate, the only inquiry which need be, is whether the power has been exercised 'as allowed by law.' What this means can be the only controversy.
The appellee concedes the power of the regulations of rates by the board of supervisors, but claims that until the power is exercised the right to fix the rates rests with it, and that those fixed by it are 'allowed by law.' The appellants contend that the power of the board of supervisors is only a power to fix maximum rates, and below them the right of the parties to contract is unrestrained (a view sufficiently discussed already), and that until the board shall act 'the statute itself fixes the standard of maximum rates, as being the 'actual rates established and collected by the corporation,' and forbids the corporation to exceed such maximum.'
The contention is claimed to be based on § 5 and § 8 of the act of 1885. Section 5 vests the power to fix rates in the board of supervisors, and provides 'when so fixed by such board shall be binding and conclusive for not less than one year next after their establishment, and until established anew or abrogated by such board of supervisors as hereinafter provided.' And then follows the provision upon which appellants especially rely:
'And until such rates shall be so established, . . . or after they shall have been abrogated by such board of supervisors, as in this act provided, the actual rates established and collected by each of the persons, companies, associations, and corporations now furnishing, or that shall hereafter furnish, appropriated waters for sale, rental, or distribution to the inhabitants of any of the counties of this state, shall be deemed and accepted as the legally established rates thereof.'
Section 8 provides that those furnishing water 'shall so sell, rent, or distribute such waters at rates not exceeding the established rates fixed and regulated therefor by the boards of supervisors of such counties, or as fixed and established by such person, company, or association, or corporation, as provided in this act.'
The deduction which appellants make is that when the company once fixes the rates they must remain so fixed, and if changed by supervisorial action recur upon the cessation of that action—inevitable always through every change of condition; if excessive, to forever remain so; if deficient, to forever remain so.
The argument urged to support this is that one of the ordinary meanings of the word 'actual' is 'existing at the time.' 'And if (to quote counsel) the lexicographer be consulted to define the word 'established' he will give its meaning substantially, as does the Century Dictionary, to be 'to make stable; firm or sure; appoint; ordain; settle or fix unalterably." To illustrate the immutability which one of its senses conveys, counsel quote with apologetic reverence an illustration, which they say is often found in standard dictionaries: 'I will establish my covenant with him for an everlasting covenant.' Gen. xvii: 19.
We are not impressed with the aptness of the illustration to the case at bar.
Covenants formed and promulgated by a divine wisdom and foresight can have the attribute of immutability, and their language may be used and interpreted to express it. um an regulations are for the most part occasional and temporary. Besides, one definition of a word does not express its whole meaning or necessarily determine the intention of its use. If so, interpretation would not be difficult, and the application of the language of a law or contract would be as unerring as easy.
'Actual,' of course, means existent, but it does not preclude change. Nor does the word 'establish' convey the idea of permanency. As used in the statute, it has no such meaning. The power of the board of supervisors is not exhausted by one exercise, nor has its result unalterable fixity. It is beyond change only for a year. The language of the statute is 'at any time after the establishment of such water rates by any board of supervisors of this state the same may be established anew or abrogated in whole or in part by such board, to take effect at not less than one year next after such first establishment. . . .'
It is manifest to construe the word 'establish' to mean 'to fix unalterably' would throw the powers of the board of supervisors into confusion and contradiction.
To say that the rates are unalterable for a year would prove nothing. Such effect comes, not from the use of the word 'establish,' but from other words, and, but for them, rates established might 'be established anew' as often as the board of supervisors might choose. Nor can it be said that the word means one thing when applied to the power of the board of supervisors, and another thing when applied to the power of the company. To say so is to abandon the argument. That depends upon the meaning of the word 'establish' to be 'to fix unalterably,'—to mean of itself, and in its use, permanence and unchangeability. If it does not mean that of itself, there is an end of the argument, for there is nothing in the act or its purpose which would give it such meaning when expressing the power of the company, and something else when expressing the power of the board of supervisors. The purpose of the act rejects such view. Its purpose is regulation, deliberate and judicial and periodical regulation by a selected tribunal, and we cannot believe that the legislature intends by an absolute and peremptory provision to fix rates upon the water companies unalterable by them, no matter what change in conditions might supervene. Against rates which may become unreasonably high, the statute gives relief to consumers through petition to the board of supervisors. Rates which may become unreasonably low, it surely does not intend to impose on the companies forever, except as relief may come from the voluntary justice of its customers or by a violation of the statute and appeal to the courts. There is nothing in the act to indicate such purpose, nor does it need to have such purpose. Its dominant idea is the regulation of rates by law, not commanded to be exercised by the governing bodies as a voluntary duty as establishing rates in cities and towns, but exercised when invoked by petition. Until the necessity of that, what more natural and just than to leave the right with the water companies and recognize it as legal. This is the meaning, we think, of the provisions of §§ 5 and 8, supra. To so interpret them makes the scheme of regulation complete adequate, without being meddlesome or oppressive. The power of regulation is asserted and provided for, and ready to be exercised to correct abuse, and who doubts but that its exercise would be invoked.
The appellants assign many errors upon the action of the circuit court in sustaining the exceptions to the answer made in the original suit. It would extend the opinion to too great length to consider them separately. They are reduced to and depend upon the claim that they constituted a submission of the case on bill and answer, and if the latter traversed any material allegation of the bill it could not be taken pro confesso, and a decree entered upon it would be erroneous. (Re Sanford Fork & Tool Co. 160 U. S. 247, 40 L. ed. 14 , 16 Sup. Ct. Rep. 291).
The application of the principle is claimed upon the ground that the answer denies that the rate of $3.50 per acre per annum is unreasonable or that the increased rate of $7.00 per acre is reasonable.
The circuit court held that issue was not open to its decision. It said that if the rates established by the board of supervisors were unreasonable they could only be annulled. In no case would the court fix them. 'Therefore,' it was further said, 'it is not for the court in the present case to go into the question of reasonableness of the rates established by the complainant, and which it seeks to enforce. If unreasonable, and the consumers are for that reason dissatisfied therewith, resort must first be had to the body designated by the law to fix proper rates, to wit, the board of supervisors of San Diego county.'
We concur in this view, and finding no error in the decree in is offirmed.
The following state regulations pages link to this page.


text:
Blondies are a great everyday treat to bake. They're just as easy to make as a batch of chocolate chip cookies, but take much less time because they're baked in a pan and sliced later, rather than being baked off one by one in multiple batches. The bar cookies also invite experimentation, because there are many flavors that go well in the chewy cookie base. I've used everything from chocolate to nuts in my blondies before, and put a spicier spin on these Chewy Walnut, Ginger and Toffee Blondies with some candied ginger.
Candied ginger is a great ingredient to work with in baking because it has a sharp, spicy sweetness and a hint of crunchiness from the sugar on the exterior of the ginger. The flavor is bright and bold, and if you buy larger pieces of ginger and chop them up yourself, you have a lot of control over how big of an impact the spicy ginger will have in your baking. Here, I've paired the ginger with buttery walnuts and bits of toffee and it is a blend of flavors that works out very well.
The blondies are chewy and have a slightly fudgy, brownie-like quality to them – although, of course, there is no chocolate in this recipe. The fudgy texture comes, in part, from the fact that there is no baking powder or baking soda in this recipe (something common to brownie recipes), so as the sugar caramelizes in the bars it leaves them with a rich, dense texture. The walnuts are crunchy and give the blondies a lot of texture, while the ginger adds a spicy punch and the toffee balances it out.
As with many recipes, I prefer to use toasted and lightly salted walnuts in this recipe. It makes the nuts a little bit more flavorful and gives them a little bit of an extra crunch. It also makes them stand out even more from the sweet toffee and spicy-sweet candied ginger because they introduce a salty element to the bars. That said, unsalted and even untoasted walnuts will still work very well in this recipe, lending a more subtle crunch to the finished blondies but a lot of buttery walnut flavor.
Chewy Walnut, Ginger and Toffee Blondies
1/2 cup butter, room temperature
1 cup sugar
1 large egg
1 tsp vanilla extract
1 cup all purpose flour
1/4 tsp salt
1 cup walnuts, toasted and coarsely chopped
1/4 cup diced candied ginger
1/4 cup toffee bits, or coarsely chopped toffee
Preheat oven to 350F. Line an 8 inch square pan with aluminum foil.
In a large bowl, cream together butter and sugar until light. Beat in egg and vanilla until well blended.
Stir in flour and salt, then mix in chopped walnuts, candied ginger and toffee bits.
Spread dough evenly in prepared pan.
Bake for 30 minutes, until top is golden brown and blondies are set in the center.
Cool in the pan, and use the foil to remove the blondies for easy slicing.
Makes 16 blondies.

subset: commoncrawl


text:
Overview:The Dulcian or Curtal is the renaissance predecessor of the bassoon, developed in the first half of the 16th century. The Dulcian has the conical expanding bore from the Shawm, and the folded two parallel bores from the Sordune and Kortholt. Like many other instruments in the renaissance, Dulcians were made in a family, soprano until contrabass. The smaller instruments up to the bass, are in general made from one piece of wood. Larger instruments are in many cased made from two or three pieces of wood. In the 17th century, the small Dulcians are getting less
and less important. At the same time the baroque Bassoon is developed,
while the bass Dulcian is still in use. 1
See B. Kenyon de Pascual. in Galpin Society Journal 1984. Dulcian sound samples:
Early sources:
Last updated:
Remarks and comment to: Hans Mons
� Copyright 1998-2023 by Hans Mons.
Last updated on 25 November 2023


text:
When talking to people who have given to a candidate's campaign, you'd expect to find true believers.
"I liked what I heard, and he seemed to be the kind of person that I would like to see be president of the United States," says Carl Ploeger, who has donated twice to embattled GOP hopeful Herman Cain.
An NBC News-Wall Street Journal poll released this week shows that Cain's favorability rating among Republican primary voters remained unchanged over the past month, despite accusations of sexual harassment that surfaced last week. The same poll showed his negatives more than tripled. Cain says all the controversy has actually helped his campaign.
Don't Believe The Accusations
NPR spoke to nearly two dozen Cain campaign donors since Sharon Bialek first went public with her claim that Cain made an unwanted sexual advance. Among these donors, support remains nearly universal.
"I just haven't believed it," says Pam Bensen of the accusations. "In fact this morning, I actually went online to donate again, just to show him that we were supporting him."
Bensen doesn't have a lot of faith in the media. She echoes a view held by many conservatives.
"It will take a lot more for me to abandon him," Bensen says. "I mean, we've had a president who did a lot worse."
Most donors we spoke with say they don't believe the charges and that they will consider giving more money to his campaign; two said they already had. But others are wavering, ever so slightly. Ploeger has been watching this closely and says Cain's press conference Tuesday wasn't totally satisfying.
"Nobody still knows what's happened, and it all boils down to who you believe," Ploeger says. "I am still inclined to believe Herman."
Waiting A Week
Ploeger says it would be a shame if this knocked Cain out of the race. He has given the campaign $1,500 so far this year and says he would like to give more.
"I will probably wait another week or so to see if this story lingers on," says Ploeger. "If it lingers on another couple of weeks it will probably damage him beyond repair."
As much as he believes Cain should be president, Ploeger says it is most important to him that the Republican nominee has a real chance to go up against President Obama.
Michele Bosack gave the Cain campaign $1,000 back in August. He is the first candidate she's ever given a substantial donation, and she feels like the political establishment is just trying to make him go away. Still, she's not rushing back to donate again. She says she's going to give it a week.
"If this sort of shakes out and it just looks like a takedown," then Bosack says she will make another donation. "But I am not ready to make a call."
But she says if it turns out there is any truth to the accusations, she "probably won't donate any more money. But I will probably still be behind him because I still feel like he is the best person to help this country."
This continued support is unsurprising from early primary season donors, says Michael Malbin, professor at the State University of New York at Albany and executive director of the Campaign Finance Institute. He warns that loyalty will only go so far.
"Once a campaign starts spiraling downward, then even the true believers find that they have alternate sources for their disposable charitable money," says Malbin.
He isn't saying the Cain campaign is spiraling, though. That's not clear yet.
Cain claims to have raised more than $1.1 million just since last week, which is about a fifth of what he had raised all year.
Copyright 2022 NPR. To see more, visit https://www.npr.org.


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Hi all!
I have a problem in unlocking Dracul. I just can´t find the subdungeon to unlock him. Can you please describe me, how to do it?
The official desriptiom is: "Found in the East (Sub dungeon with your clone, you are locked in) (prerequisite: Glowing Guardian)"
What does this mean? Is the main dungeon the "eastern tundra"?
I already unlocked the Glowing Guardian. Do I have to worship the Glowing Guarding at any time? Am I just unlucky for the subdungeon to unluck Dracul doesn´t trigger every time?
Many thanks!


text:
Tomer Hanuka's Movie Posters Are Thrills And Chills Unto Themselves [Art]
It doesn't come up too often around here since we tend to focus on sequential art, but I love movie posters. Love 'em. As long as there's not five lines of sans-serif text superimposed over someone's face, or some weird CGI animal and/or former SNL cast member making a weird smirk, I could look at those things all day -- and the best often come from artists inspired by their favorite movies to create striking images, whether it's for the Alamo Drafthouse or just for fun.
Case in point, artist Tomer Hanuka, whose portfolio includes incredible posters for Rambo, Psycho, 300 and more. Check out the best, along with Hankua's also-rad book covers, below!
For more, check out Hanuka's website!


text:
The TopSaw multi-tool incorporates all the tools you need for servicing your chain saw when you are in the field.
The 12 tools it includes are 10mm, 13mm, 16mm, 19mm and 21mm sockets (the first four of which also double for 3/8", 1/2", 5/8" and 3/4" sizes), 5/16" and 1/8" wide slot screwdrivers, T25 and T27 Torx wrenches, a 4mm hex wrench, a slim bar groove cleaner and a built-in saw-file handle.
The 4 1/2" long tool can be carried in a pocket or in the nylon sheath (with belt loop) that comes with it. It can save a lot of grief if you are in the bush and your chainsaw tools are somewhere else.
The TopSaw multi-tool can service all Craftsman, Efco/Oleo Olympik, Makita, Redmax, Cub Cadet, Hitachi, McCulloch (except models made before 1990), Shindaiwa, Dolmar, Husqvarna, Poulan, Poulan Pro, Solo, Echo, Jonsered, Stihl (except models 051, 075, 076 and 090 made before 1990) and Tanaka chain saws.
Also available in a set with the chain-saw filing vise providing everything you need for servicing your chain saw when you are in the field (available separately).


text:
The after-effects of Japan's megaquake and tsunami continue to be felt. Two planned UK power stations have become the latest victims of the anti-nuclear sentiment that followed the crisis at the Fukushima Daiichi power plant last year. However, renewable technologies are unlikely to benefit.
German utility companies RWE and E.ON have pulled the plug on a joint project to build nuclear reactors at Wylfa on the island of Anglesey and Oldbury in Gloucestershire. The firms blame a shortage of cash following the German government's decision last year to abandon nuclear power.
"There is no doubt that the withdrawal is a symptom of a much wider post-Fukushima effect," says Gordon MacKerron of Sussex University in Brighton, UK.
Germany was the most prominent country to withdraw from nuclear power following Fukushima, and will close all 22 of its power reactors within the next decade. In September last year, Germany's biggest nuclear builder, Siemens, abandoned the industry .
Knock-on effects
Italy and Switzerland have also dropped plans for future plants. A public backlash, combined with safety reviews, means that only one of Japan's 50 power reactors is currently generating.
And then there's China's delay in construction of new plants pending a safety review. "The longish pause in Chinese ordering is perhaps the most spectacular knock-on effect from Fukushima," says MacKerron.
The UK's nuclear ambitions were not stymied by Fukushima. Wylfa and Oldbury were among eight sites chosen for a new generation of reactors. France's EDF and the Franco-Spanish NuGen remain committed to building UK reactors.
Despite the drop-off in nuclear power generation, Germany's decision may not mean a boost for European green energy . "Investment is stalling generally across the energy industry, including the major investment needed for offshore wind projects," says Sue Ion of the Royal Academy of Engineering in London.
The energy technology most likely to gain from any nuclear freeze in UK is gas turbines, says McKerron. With gas prices high, they cost a lot to run – but they are cheap and quick to build.
While carbon emissions from gas-fired power plants are only half those for coal, they are higher than for nuclear or renewables and so would threaten UK commitments to cut national greenhouse gas emissions by 80 per cent from 1990 levels by 2050.


text:
A perl script to look up Bible references and search for verses.
Usage: ref [bible] [book] [chapter:[verse[-verse|,verse]]] {/pattern/in}*
You can specify any of the bible, book, chapter or a list or range of verse and/or one or more patterns. The BIBLES environment variable gives the directory where bible versions are stored. The BIBLE variable is the name of the default bible to search.
ref John 3:16 print this famous verse ref all John 3:16 print this verse from every available bible ref jn 3: print all of chapter 3 of John's gospel ref 3:16 list chapter 3 verse 16 in each book that has one ref 3 john print a whole book ref 3 john 2 some books don't have chapter divisions ref AV 1 jn /Jesus/ list verses in 1 John in the AV which contain Jesus ref RSV /Jesus wept/ find the shortest verse in the RSV! ref /Adam/ /Eve/ list verses which mention both Adam and Eve ref /adam/i case-insensitive search, finds Adam, adamant etc. ref RSV /baalmeon/in finds the name Ba'al-me'on, ignoring the punctuation ref print the whole of the default bible
Bible etext files formatted for ref (download and unzip to the BIBLES directory):
Matthew Thorley has added a few features and made his version available on github.
This perl script can read and decode wav files recorded from cassette tapes in Kansas City format, as used by the Compukit UK101, Ohio Superboard and many other home computers.
It has also been used by several people as an FSK decoder program to deode Yamaha and Roland synthesiser tapes.
The program uses two perl modules: Audio::Wav and Math::FFT, these can be downloaded from CPAN.
By default, a '0' bit is represented as four cycles of a 1200 Hz sine wave, and a '1' bit as eight cycles of 2400 Hz. This gives a data rate of 300 baud. The carrier wave is a stream of 1 bits (2400Hz). Each frame starts with one start bit (a '0') followed by eight data bits (least significant bit first) followed by two stop bits ('1's). So each frame is 11 bits, for a data rate of 27 bytes per second.
These defaults can be changed via the options. For example, a CUTS tape represents a '1' bit as one cycle of a 1200Hz sine wave and a '0' bit as half a cycle of a 600Hz sine wave, giving a data rate of 1200baud.
The program uses Fourier analysis to determine the points where the signal changes from low to high frequency, and vice versa.
The options are:
hi=N High frequency (1 bit/carrier/stop bit) (default=2400Hz) lo=N Low frequency (0 bit/start bit) (default=1200Hz) baud=N Baud rate (default=300) CUTS CUTS format (short for: hi=1200 lo=600 baud=1200) frame=Nxy Format: N=data bits, x=parity (E/O/N), y=stop bits (default=8N2) max=N Stop after reading N samples from the file steps=N Compute N Fast Fourier Transform steps per bit (default=10) window=xxx FFT window function (none/bartlett/welch/hann) (default=hann) resample=N Resample wav file so that one bit is N samples (default=0) keep=Y/N Keep all data, including short isolated sections? (default=N) graph=Y/N Plot a graph of the frequency spectrum against time (default=N) channel=x Channel to use (L=Left, R=Right, A=Average) (default=A)
If you have a poor quality recording, or a high bit rate recording (eg a CUTS tape) try resampling to, say, 128 or 256 samples per bit using the option resample=128 (the number of samples should be a power of two), and set the number of steps to 8 or 16.
Download some sample wav files here: sample-wav-files.zip.
1200TARG.wav is a CUTS format file, decode it with:
perl tape-read CUTS 1200TARG.wavor equivalently:
perl tape-read baud=1200 lo=600 hi=1200 1200TARG.wavThis should produce a binary file 1200TARG-001.txt which should be identical to the file 1200TARG.txt in the archive.
All the other files are in the (default) UK101 format: 300 baud, lo=1200, hi=2400. The script automatically detects the sample rate of the wav file.
In theory, the lowest possible sample rate for a 2400Hz signal is 4800Hz (the Nyquist limit). In practice, sampling at 4800Hz causes the 2400Hz signal to disappear periodically (when the sample points coincide with the zero crossings of the signal). But you can get quite close to the limit.
What this means in practice is:
MP3 encoding is OK for good quality 300 baud recordings, but will destroy 1200 baud recordings. If you need to compress the wav files, use a "lossless" compression format, such as FLAC.
CUTS tapes can be hard to decode because the zero bit is only half a cycle of the low frequency. The script has to analyse a two bit wide window. Using the welch window function can help since it gives more weighting to the centre of the window. For poor quality CUTS tapes the following method has worked sucessfully:
tape-read hi=1120 lo=560 baud=1120 resample=128 steps=32 window=welch file.wav
Weber Kai has created a modified version of the program for processing MSX tapes which is available on GitHub. He has used this to extract the MSX code from an old brazilian radio programme.
This perl script will read a wav file and create a gif file with a plot of the frequency spectrum.
This can be useful for analysing an unknown computer tape format.
A collection of my Compukit UK101 BASIC and assembler programs, recovered from tapes which have lain in my attic for the last 30 years.
Tim Baldwin has written an excellent Compukit UK101 simulator/emulator which is implemented in Java and runs on Windows, Linux and Mac systems.
Some of my programs use the "enhanced" 48x32 character screen: these will need modified ROMs which can be downloaded here along with a suitable properties file for the UK101 simulator.
My Real Time Star Trek game now has it's own page (copied from Tim's sourceforge site).
A perl module and sample scripts for filtering email using several popular mail filters. The module presents a uniform interface for passing a message through each filter and determining which filters consider the message to be spam
The spamcheck
script passes a copy of
the given message to each filter and counts how many filters
consider it to be spam. It adds a X-SPAM-Votes:
header with the total.
I currently delete everything with four or more votes and quarantine everything with one to three votes using these procmail rules:
:0fw: spamcheck.lock | spamcheck # Record the votes in the procmail log file: :0 * ^X-Spam-Votes: \/.*$ { LOG="Spam-Votes: ${MATCH}" } # Junk anything that 4 or more scanners give a positive result on. :0 * ^X-Spam-Votes: [456789] /dev/null # Filter anything which any scanner considers to be spam: :0 * ^X-Spam-Votes: [123] SPAM.ASSASSIN
The isspam
and notspam
can be used to train your filters. Any spam message which is missed by any filter
can be passed to isspam
while false positives should
be passed to notspam
The spam filters it currently knows about are:
Email firstname.lastname@example.com with codes for any additional filters you know about!
A perl script for copying a directory tree to another location (eg a separate hard drive for backups). It looks at the size and modification times of the files to decide whether to copy them or not. As a result, after the first "clone", keeping the copy up to date is a very quick operation.
Note: If you keep a backup of your windows partition on a linux partition, or if you use NTBackup or XCOPY to backup your windows partition, then you also see sfn-fix (see below).
The Windows FAT16 and FAT32 file systems don't really have long file names: the long names are hacked on top of the ``real'' file name which has to keep to the old 8.3 format. When files get backed up and restored by many backup programs (including my clonedir above and Microsoft's NTBackup and XCOPY) then they can end up with different short file name. This wouldn't be so bad if everybody always referred to files by their long names, but Window's Registry is stuffed full of references to files by their short names.
ITS Systems has an article on the subject (plugging their own backup software) as does PC World
Microsoft's workaround is to ``Adhere to a pure 8.3 short file naming convention...''. They don't say what to do about directories such as ``My Documents'' or even ``Program files'' which don't adhere to the convention!
My solution, sfn-fix, is a perl script which uses a saved copy of the output of ``mdir -/ C:'' (a Linux utility for listing a directory on a windows filesystem) to give the restored files their original short file names. An mdir listing includes both long and short names, and the -/ option does a recursive directory listing.
Note that Windows ME and Linux use different file name mangling conventions for creating short file names after the first nine files in a directory with the same first six characters and extension. Only short files of the form xxxxxx~n.xxx (where n is a digit) can be restored. But this should be enough to keep the Registry happy.
Text::Reflow v1.04 is a perl module which takes some ascii text, in a file, string or array, (with paragraphs separated by blank lines) and reflows the paragraphs. If two or more lines in a row are "indented" then they are assumed to be a quoted poem and are passed through unchanged. It uses Knuth's paragraphing algorithm (the same algorithm used by TeX) to choose optimal line breaks based on keeping the lines the same length while avoiding breaks within a proper noun or after certain connectives ("a", "the", etc.) and encouraging breaks at punctuation.
The result is a file with a fairly "ragged" right margin but which is easier to read than a file with a strict right margin since it is less likely that phrases are broken across the line.
The package includes a simple perl script for reflowing files.
The -skipindented option causes all indented lines to be passed through unchanged.
The -veryslow option reflows each paragraph 16 times with different optimal line widths and picks the "best" result--with this option the paragraphs are easier to read, but the line width may vary from one paragraph to the next.
The -skipto pattern option skips to the first line which starts with the given pattern: this is to avoid reflowing header material such as the Project Gutenberg header.
Most of the text files on my G. K. Chesterton site are reflowed with this script.
Cdiff will compare two text files, ignoring differences in layout, and produce an output file which shows the differences. It can also be used to merge the two files into a single version, choosing between variant readings in the files based on a dictionary of words.
See this separate page for full documentation.
Check-punct is another perl script which checks an ascii file for bad spacing around punctuation and other errors such as mismatched quotes and parentheses. It is particularly useful for checking scanned documents.
Another perl script which uses a dictionary to find words which have been broken by an end-of-line hyphen and deletes the hyphen and line break. This also fixes most "Larson" encodes, _*emphasis_ and and simple HTML codes (<i>, <b> and accented characters such as é).
The -head option will try to delete page headers from scanned documents.
Convert paragraph breaks from indentation to a blank line. The default is to treat a line starting with a tab character as a new paragraph. The -n option looks for n spaces at the start of a line.
The -skipto pattern option skips to the first line which starts with the given pattern: this is to avoid reflowing header material such as the Project Gutenberg header.
A perl script to download selected news from selected groups based on regular expressions. Based on "newscan" by John F. McGowen but completely rewritten to use the Net::NNTP module from CPAN and to be vastly more efficient over a slow link such as a modem.
The .newsgreprc file in your home directory lists which groups you are interested in and which articles to select.
A sample .newsgreprc file:
# Sample .newsgreprc file (this line is a comment) # List your nntp server NNTP nntphost.at.your.isp # Mailbox where you want the news to be stored: MBOX ~/NEWS # SELECT command selects a news group # WHERE/REQUIRE/UNLESS commands select articles from the newsgroup # based on the given perl regular expressions # Any UNLESS match means that we don't want this article # All REQUIRE patterns must match. # If there are no WHERE patterns, then we want everything that is left. # Otherwise, at least one WHERE pattern must match. SELECT comp.lang.perl.announce REQUIRE /^Approved:/ SELECT comp.compilers WHERE /^Approved:/ UNLESS /^Subject:.* Frequently Asked Questions/ SELECT rec.games.bridge # I am interested in articles that mention the word gib or GIB or Gib... WHERE /\bgib\b/i # The script will record which articles have already been seen # at the end of this file:


text:
In Kiev, Ukraine's new prime minister urged Russian President Vladimir Putin to pull back his military, warning that "we are on the brink of disaster."
Prime Minister Arseniy Yatsenyuk spoke a day after Russian forces took over the strategic Black Sea peninsula of Crimea from Ukraine without firing a shot.
"There was no reason for the Russian Federation to invade Ukraine," Yatsenyuk said after a closed session of his new parliament in Kiev.
So far, the new government in Kiev has been powerless to react to Russian military tactics. Armed men in uniforms without insignia have moved freely about the key peninsula, occupying airports, smashing equipment at an air base and besieging a Ukrainian infantry base.
Russia has its key Black Sea Fleet stationed on the Crimean peninsula - which was formerly part of Russia until 1954 - and nearly 60 percent of Crimea's residents identify themselves as Russian.
Putin has defied calls from the West to pull back his troops, insisting that Russia has a right to protect its interests and Russian-speakers in Crimea and elsewhere in Ukraine. However, there has been no sign of ethnic Russians facing attacks in Crimea or elsewhere in Ukraine.
President Barack Obama spoke with Putin by telephone for 90 minutes on Saturday and expressed his "deep concern" about "Russia's clear violation of Ukrainian sovereignty and territorial integrity," the White House said. Obama warned that Russia's "continued violation of international law will lead to greater political and economic isolation."
Unidentified troops pulled up to the Ukrainian military base at Perevalne on the Crimea peninsula Sunday in a convoy that included at least 13 trucks and four armored vehicles with mounted machine guns. The trucks carried 30 soldiers each and had Russian license plates.
A dozen Ukrainian soldiers, some with clips in their rifles, stood on the other side of the military gate. Neither side would speak to AP journalists.
The new Ukrainian government came to power last week following months of pro-democracy protests against a pro-Russian president, Viktor Yanukovych, and his decision to turn Ukraine toward Russia instead of the European Union. Yanukovych fled to Russia after more than 80 people died, most of them demonstrators killed by police. He insists he's still president.
Since then, tensions have risen sharply between the two capitals.
Ukraine's acting president, Oleksandr Turchynov, announced late Saturday that he had ordered Ukraine's armed forces to be at full readiness because of the threat of "potential aggression." He also said he had ordered stepped-up security at nuclear power plants, airports and other strategic infrastructure.
Ukraine's population of 46 million has divided loyalties between Russia and Europe, with much of western Ukraine advocating closer ties with the EU, while eastern and southern regions look to Russia for support.
The Interfax news agency reported the speaker of Crimea's legislature, Vladimir Konstantinov, as saying the local authorities did not recognize the government in Kiev. He said a planned referendum on March 30 would ask voters about the region's future status.
But the U.S. and other Western governments have few options to counter Russia's military moves.
NATO's secretary general said Russia had violated the U.N. charter with its military action in Ukraine, and he urged Moscow to "'de-escalate the tensions." NATO chief Anders Fogh Rasmussen spoke in Brussels as he was about to open a meeting Sunday of the alliance's political decision-making body to discuss the crisis.
Ukraine is not a NATO member, meaning the U.S. and Europe are not obligated to come to its defense. But Ukraine has taken part in some alliance military exercises and contributed troops to its response force.
The U.S. also said it will suspend participation in preparatory meetings for the Group of Eight economic summit planned in June to be held at Russia's Black Sea resort of Sochi, site of the 2014 Winter Olympics.
French Foreign Minister Laurent Fabius agreed, saying on Europe 1 radio that planning for the summit should be put on hold.
France "condemns the Russian military escalation" in Ukraine, and Moscow must "realize that decisions have costs," he said Sunday.
McHugh reported from Kiev, Ukraine. AP correspondent Greg Keller contributed from Paris.


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We have sold a property at 1143 SECOND Avenue in Trail.
A great home in a super location. Steps from the Gyro Park beach. You can walk to everything from here. Good parking with a double garage and flat driveway and a huge rear patio make your outside living fantastic. Interior of this home sparkles with hardwood floors in dining room and living room. 2 good sized bedrooms on main and basement offers you an office/den, 2 bathrooms and a large rec room. Call your REALTOR® today!


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A Philadelphia police officer is under fire after he made comments on his Facebook page addressing black teenagers that some believe crossed the line.
Officer Michael Smerker of the 19th District wrote the Facebook status over the weekend.
"I don't understand why all black teenagers in West Philly (and I assume all over Philly as well) are instantly handed an access card (welfare card) and a cell phone with minutes as soon as they are teenagers," he wrote. "It doesn't make sense!!! It gives them reason not to get a job. All it's doing is breeding laziness. Welfare was never supposed to be a career choice. I don't care to have my hard earned tax money given away to healthy teenagers who can get a job like I did when I was a teen."
Smerker took the status down three hours after posting it after receiving some negative feedback from other Facebook users. However, a screenshot was taken and NBC10 obtained a copy. Now residents who live in the neighborhood where Smerker patrols are speaking out.
"It's real racist," said Yvon Dessus. "Everybody out here, including myself, is not on welfare."
Dessus says he's owned a barbershop in the neighborhood for 15 years and works hard every day.
"He should be ashamed of saying something like that and degrading people like that," Dessus said.
The Philadelphia Police Department's social media policy states that each member must "strive to maintain public trust and confidence, not only in his or her professional capacity, but also in his or her personal and on-line activities."
Philadelphia Police Lt. John Stanford, a department spokesperson, says all officers still have freedom of speech rights.
"He's protected by freedom of speech to a certain extent," said Stanford. "However, the police department will look into everything that has taken place.
Some residents in the predominately black neighborhood where Smerker patrols believe that an officer passing judgments on residents he is paid to protect and serve is a cause for concern.
"I want something done about it," said Jeff Hart.
NBC10 went to Smerker's home for comment but he wasn't there at the time. NBC10 also learned that Smerker is currently on medical leave.
From NBC 10 Philadelphia


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Proton beam therapy is safe and effective and may be superior to other conventional treatments for Stage I inoperable non-small cell lung cancer (NSCLC) patients, according to a study in the October issue of the International Journal of Radiation Oncology * Biology * Physics, the official journal of the American Society for Radiation Oncology (ASTRO).
Lung cancer is the number one cause of cancer death for men and women, according to the American Cancer Society. The standard treatment for early-stage lung cancer is surgery to remove all or part of the lung, but for patients with inoperable lung cancer, radiation is commonly used for treatment.
Researchers in Japan sought to determine if proton beam therapy was a good treatment option for patients with inoperable NSCLC versus conventional external beam radiation therapy and stereotactic body radiation therapy, which is a specialized type of external beam radiation therapy that uses focused radiation beams to target a well-defined tumor and relies on detailed imaging, computerized three-dimensional treatment planning and precise treatment setup to deliver the radiation dose with extreme accuracy.
Patients were treated with proton beam therapy from November 2001 to July 2008 with different doses given to peripherally located tumors and centrally located tumors. The two-year progression-free survival rates for those doses were 88.7 percent and 97 percent, respectively. The survival rate for stereotactic body radiotherapy is 54.7 percent at two years and the survival rates for conventional radiotherapy range from 6 percent to 31.4 percent at five years.
"Proton beam therapy is safe and effective, if not superior to other nonsurgical modalities, for treating patients with inoperable Stage I NSCLC," Hidetsugu Nakayama, M.D., Ph.D., lead author of the study and a physician at the Proton Medical Research Center in Tennoudai, Tsukuba, Ikbaraki, Japan, said. "The randomized clinical trial that compares proton beam therapy with stereotactic body radiotherapy is needed to clarify survival benefit."
Story Source:
Materials provided by American Society for Radiation Oncology. Note: Content may be edited for style and length.
Journal Reference:
Cite This Page:


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SPRINGFIELD, Mo. – The Department of Communication at Evangel University has announced its graduation awards for 2012.
The awards were given during the baccalaureate service on Thursday, May 3, in Evangel's chapel auditorium.
The following Communication awards were presented:
- Outstanding Graduate in Advertising/Public Relations—Abigail J. Gunasegaran from Urayasu, Japan
- Outstanding Graduate in Broadcasting—Justin C. Dougherty from Willard, Mo.
- Outstanding Graduate in Communication Studies—John C. Boyce from El Dorado, Kan.
- Outstanding Graduate in Digital Arts—Christopher M. Rudolph from Carlisle, Pa.
- Outstanding Graduate in Film—Jeffery A. Pierce from Avon, Ohio
- Outstanding Graduate in Journalism—Claire E. Hoehamer from Des Moines, Iowa
- Academic Achievement—Ruth A. Lowenberg from Nairobi, Kenya
Evangel's 54th annual commencement ceremony was held for 465 graduates on May 4, at James River Assembly of God in Ozark, Mo. Of those graduating, 87 received master's degrees.


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I was very weary of the "American Idol" beef between diva Mariah Carey and rap star Nicki Minaj for two reasons. One: it seemed scripted. Two: It seemed very scripted…So when mainstream media made Nicki out to be a gun-totting thug, I just shook my head. Apparently Nicki felt the same way, especially towards media titan Barbara Walters. On the second episode of her reality series "Nicki Minaj: My Truth," the life-size barb explained her frustrations with the journalist who labeled her "unpredictable," questioning "Am I not good enough cause I'm a little black girl?"
After the beef with Mariah, Barbara allegedly reached out to Mimi for a statement, but didn't bother to get Nicki's side of the story. "Cause if I was J.Lo, you would have called," she said. Nicki later admitted that she is happy to be along side Carey on the panel.
Watch the clip, here:
Spotted @Gawker
Like HelloBeautiful on Facebook to stay on top of your favorite black celebrities
RELATED STORIES: Nicki Minaj Reveals "Pink Friday: Roman Reloaded The Re-Up" Tracklist
RELATED STORIES: Nicki Minaj Sets The Record Straight On "My Truth" Sneak Peek
Nicki Minaj To Barbara Walters: "Am I Not Good Enough Cause I'm A Little Black Girl?" was originally published on hellobeautiful.com


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If you've ever seen the original "Naked Gun" with Leslie Nielsen, you know the dangers of a hot mic.
Referee Tony Corrente provided another reminder Sunday, in the fourth quarter of the Indianapolis Colts' 23-20 win over the Miami Dolphins.
It all went down after Corrente's team flagged the Colts' defense for 12 men on the field. During a conference with his officials -- and with his microphone on -- Corrente shouted "What in the (expletive) are you guys doing?" according to The Associated Press.
The sold-out Lucas Oil Stadium crowd heard Corrente. CBS managed to keep the swear word out of living rooms.
Seconds later, Corrente explained the spot of the ball was correct by shouting, "That was .... god d--- it."
CBS didn't catch that one, subjecting the children of America to a phrase used 12 times by their fathers during the game's first three quarters.
Follow Dan Hanzus on Twitter @danhanzus.


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The South Polar Skua scratch a small patch of land and lay their brown spotted eggs on the ground, frequently very close to breeding Adelie Penguins. Skuas are ever-present predator of penguin breeding colonies (See the December 14 Postcard). Penguin nests are easy pickins' for these aggressive birds, and countless Adelie penguin eggs and chicks are lost every year. Penguins do not eat Skua eggs or chicks so the Skuas have no predators. Watching the one-sided attack and so many penguin losses every day I wonder why the penguins don't walk over to the Skua nests and thrash them just for revenge, but that is my human mind thinking and not how the penguins think.
However, on this day, I witnessed a drama that made me smile. A group of three young non-breeders from the penguin colony came across a Skua nest and attacked the adult. Skuas never leave their nests because the cold and wind would kill or blow their eggs away very quickly. The Skua made many attempts to get back to the nest. The bird made least 6 aerial swoops, and each time she was fended off by the penguins. Finally the Skua went behind the penguins, landed, and slowly tried to walk into her nest. From afar I was yelling "turn around, turn around," to the penguins. The Skua almost made it until the penguins saw her and chased her away yet again. This drama continued for several more attempts. Score ONE for the penguins!
For more about Adelie Penguins visit Penguin Science.
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Postcards from the Field: Adelie Penguins 2007
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Friday, June 29, 2007
Egg Dumplings and Stuffed Cakes
Back in Shanghai, my relatives would make these egg dumplings for a special occasion or big family get together. A thin layer of beaten egg rather than a flour dough is used as a wrapper; think of it like a mini omelet. Traditionally, a wok or a ladle is used to make the egg wrapper and it's a very delicate and time consuming process.
I used way too much egg for the first wrapper and ended up with a thick egg taco. The next few wrappers spread into blobs that resembled various landmasses rather than circles. Many wrappers tore when I tried to close the dumpling, some exploded with filling. After botching almost a dozen dumplings, I finally got the hang of it. A few hours later, I made a little over two dozen dumplings. They were delicious but I would not recommend making them; they just aren't worth the time and effort.
- The recipe makes a lot of filling, enough for a full dumpling dough recipe: (3 C flour, 1 C water, 1 tsp salt). Any leftover filling can be stir fried and eaten with rice.
- The mushrooms are cooked first to bring out their flavor and the chives are cooked a bit to wilt them down.
Pork, Chive, and Mushroom Filling
3/4 lb ground pork
3 C packed chopped Chinese chives/leek
1/2 C chopped rehydrated dried shiitake mushrooms
2 Tbsp soy sauce
2 Tbsp Shao hsing rice wine
1 egg
1 Tbsp cornstarch
1 tsp grated ginger
1/4 tsp white pepper
1/2 tsp sugar
Heat 1 tsp of vegetable oil in a nonstick skillet over medium high heat. Add the shiitake mushrooms and stir fry for a minute, then add the chives and cook just until the chives start to wilt (do not cook them fully). Set aside to cool.
Mix everything together to make the filling.
Egg Dumplings
1/2 of the pork and chive recipe
4 eggs beaten with some salt and 4 Tbsp of water/milk
Vegetable oil
Heat 1/2 tsp of vegetable oil in a small nonstick skillet or wok over medium or medium low heat. Add only a tablespoon (resist the temptation to add more) of the beaten egg mixture to the skillet and tilt the egg mixture around to form a very thin circular wrapper about 3 to 3 1/2 inches in diameter. The skillet should be hot enough so that the egg slightly sizzles when it hits the pan. The pan is too hot if the egg sizzles loudly and sets immediately as it hits the pan before you can finish swirl the wrapper. I found that the best technique is a combination of tilting the pan and using the back of the tablespoon to push the egg out to make a circle.
Add a mounded teaspoon of filling to the center of the egg wrapper and use a spatula to flip half of the wrapper over the filling. Press around the crescent edges to seal the filling in as the egg fully cooks. Allow the dumpling to cook for a few more seconds in the pan then set aside. At this point the filling is not cooked. Repeat with making the rest of the dumplings. 4 beaten eggs will make around 26 dumplings.
Traditionally, the dumplings are fully cooked in hot pot or soup but I'm sure you can also steam them to fully cook the filling. I gently boiled them in some chicken stock for about 10 minutes to cook them through.
I ended up making way too much filling because I drew the line at 4 eggs, so I made a flour dough to make stuffed cakes. The dough is a basic dumpling/potsticker wrapper dough. The stuffed cakes are very similar to a potsticker but are circular and bigger.
Pork, Chive, and Mushroom Stuffed Cakes
Dough (halved basic potsticker wrapper
1 1/2 C flour
1/2 C cold water
1/2 tsp salt
Mix the flour, salt, and water together and form a uniform smooth dough.
Let the dough rest for 30 minutes.
Divide the dough in half and then each half into 4 - 5 pieces. I got about 10 stuffed cakes from this recipe.
Roll a piece of dough into a circle that's about 4 - 5 inches in diameter. Keep the wrapper thicker in the middle and thinner towards the edges.
Add a mounded tablespoon of filling to the center of the wrapper. I wanted to stuff these cakes as full as possible.
Gather up all the edges and pinch close. Then flatten the cake gently into a patty. Set aside on a flour lined sheet and continue to make the rest. Dust off excess flour before cooking. You can also freeze these cakes; first freeze them on a tray then transfer them to a zipper lock bag.
Heat 2 tsp of vegetable oil in a nonstick skillet over medium heat. Pan fry the cakes until both sides are golden brown. Then add 1/4 C of water to the skillet, cover, turn the heat down to low, and steam for 10 minutes. If the pan gets too dry, add another tablespoon of water.
After 10 minutes remove the cover and turn the heat up to medium high. Boil off any remaining water and recrisp both sides.
More dumpling recipes:
Pork and Cabbage Potstickers
Shrimp and Edamame Dumplings (Har Gau)
Sticky Rice Siu Mai
This month's WTSIM is hosted by Johanna of The Passionate Cook. Be sure to check the roundup for more great dumpling recipes.
9 comments:
- MyKitchenInHalfCups said...
Looks like you got the hang of it Amy. I can see it would be delicate work.
- June 30, 2007 at 5:06 PM
- Lydia (The Perfect Pantry) said...
Those egg dumplings are beautiful! I don't think I've ever tasted them.
- June 30, 2007 at 6:39 PM
I think making the egg "wraps" need a lot of skills. Can I exchange some dumplings with you ? *hopeful*
- July 1, 2007 at 9:17 PM
- SteamyKitchen said...
OHHHH they look goooood!
- July 1, 2007 at 9:42 PM
- thepassionatecook said...
i've never even heard of egg dumplings... how ingenious is that! i see this as a perfect brunch food, especially after a night out when you need to restore your energy! the cakes look fantastic too, i've had a lot of asian dumplings at a great restaurant specialising in dim sum lately, but never tried them myself. i will do soon, though! thanks for participating!
- July 2, 2007 at 2:59 AM
- Amy said...
The great thing is that all the dumplings taste great, even the messed up ones. :)
Thank you! I'm guessing they aren't very common, I've never seen them served in restaurants.
Yes! I want your wontons! Yum!
Aw thanks. :)
Thanks so much! I loved the theme for this event since I love all sorts of dumplings. Can't wait to see the roundup! - July 2, 2007 at 3:22 PM
These look fantastic! The Root Source Challenge for chives ends today, and is giving away a cookbook...
http://www.cookthink.com/blog/?p=958 - June 3, 2008 at 12:10 PM
Thank you for posting the dumplings. I have been looking for them for a long time. OMG!!! The egg dumplings are awesome. I had a chinese girl friend that made them for me and fell in love!!! She served them with steamed rice, great combo.
- July 16, 2008 at 6:14 PM
- SteamyKitchen said...
I tried SO hard to make little neat egg circles...and they looked so ugly that I ended up making 4 MASSIVE dumplings instead!!!
- September 7, 2008 at 7:33 AM


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Dominguez Ranchhouse
California State Historic Landmark 152
Plaque Photo:
#152 Dominguez Ranch House
Central portion built in 1826 by Manuel Dominguez
Rancho San Pedro
Ten square leagues granted provisionally by Governor Fages to Juan Jose Dominguez in 1784. Regranted by Governor Sola to Cristobal Dominguez in 1822.
Battle of Dominguez Ranch
Fought on this rancho October 8 & 9, 1846, when Californians led by Jose Antonio Carrillo repelled United States forces under Captain William Mervine, U.S. Navy, in an attempt to recapture the pueblo of Los Angeles.
Site Photo:
18127 S Alameda, Compton.
The Historic Dominguez Rancho Adobe in Carson, California
Return to other landmarks in Los Angeles county.
Please note: I have no connection to any organizations mentioned on this site.
Site contents copyright 1996-2000 by Donald Laird - all rights reserved
Send comments to:
Donald Laird


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- 300gm yam, diced
- 150gm orange color sweet potato, diced
- 150gm purple/yellow color sweet potato, diced
- 100gm sago pearls
- 80gm crystal cubes (optional)
- 500ml water
- 500ml coconut milk
- 1/4 tsp salt
- 100gm sugar
- 3 pandan leaves, knotted
- Steam diced taro and diced colored sweet potato separately until soft (about 15-20 minutes) .
- Cook sago pearls in boiling water until they become translucent. Rinse with cold water.
- Cook crystal cubes in boiling water according to package. Rinse with cold water.
- Put coconut milk, water, sugar, salt and knotted pandan leaves into a pot and bring to a gentle boil, stirring continuously.
- Add taro, sweet potato, , crystal cubes, sago pearls and mix well. Serve hot or cold.


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Nearly 300 arrested on convention's first day, nine injured
Hours after a peaceful anti-war march concluded, police continued to confront and arrest rebellious protesters in downtown St. Paul. Police report 284 arrests.
St. Paul, Minn. — Hours after a peaceful anti-war march concluded, police continued to confront and arrest rebellious protesters in downtown St. Paul. Police made 284 arrests, according to the St. Paul Joint Information Center representing local, state and federal law enforcement agencies.
Nearly 300 arrested on convention's first day, nine injured
Hours after a peaceful anti-war march concluded, police continued to confront and arrest rebellious protesters in downtown St. Paul. Police report 284 arrests.
St. Paul, Minn. — Hours after a peaceful anti-war march concluded, police continued to confront and arrest rebellious protesters in downtown St. Paul. Police made 284 arrests, according to the St. Paul Joint Information Center representing local, state and federal law enforcement agencies.
Of those arrested, 130 were booked on felony charges, including one assault on a peace officer. The 51 people arrested for gross misdemeanors and 103 for misdemeanors had already been released or were expected to be released soon after they were booked, said a sergeant with the Joint Information Center.
Nine people were treated for minor injuries, Regions Hospital reported.
About 150 National Guard soldiers continue to assist police in crowd control as night fell.
After a concert on Harriet Island ended about 7 p.m., attendees were not permitted to leave via the Wabasha Bridge to return to downtown St. Paul. Pedestrians and vehicles were routed east to the Robert Street Bridge to cross the Mississippi River back to St. Paul.
Many wandered along Kellogg Blvd. at Wabasha Street in apparent confusion over how to return to their parked cars. Many downtown streets were blocked by dozens police or barricades. The police presence seemed to draw crowds, an observer said.
"A lot of people are intrigued by cops in riot gear," said Lori Perdue of Indianapolis. "We wonder why they're here, so everybody is here watching them. We're watching each other."
Earlier, the concert had been a peaceful oasis of music, with few law enforcement officers in sight. Ticketholders had to leave their campaign signs at the gate of the concert featuring Rage Against the Machine, Pharcyde and Mos Def.
There were repeated skirmishes between protesters and police throughout the day.
At 7th street near Sibley police arrested several dozen people. Protesters blocked traffic and confronted police near the U.S. federal court house.
At Shepard Road, a group of protesters chanting "This is what anarchy looks like," and carrying a large wood and metal sign confronted police who had established a cordon across Jackson Street.
The police fired six to ten tear gas canisters, scattering the protesters. But the fracas continued. Shortly after 5 p.m. police ordered some 50 to 100 people to sit on a riverside lawn with their hands up, and announced they were under arrest.
The protesters had been moving through downtown St. Paul, following a circuitous route to avoid police in an apparent effort to reach Harriet Island where a concert was planned. Many of those detained were later released, others were marched off, their wrists bound with plastic ties.
Sheriff Fletcher said the mass detention was meant to sort out peaceful people from troublemakers.
Members of the Connecticut delegation told reporters they were attacked by protesters when they got off their bus near the Xcel Energy Center, The Associated Press reported.
One delegate said protestors tried to rip the credentials off their necks and sprayed them with a substance that burned their eyes and stained their clothes.
A former Alabama Supreme Court justice who is a convention delegate, says he was on a bus taking Alabama delegates to the arena when a brick came through the window and sprayed glass on him and two others, The Associated Press reported.
The splinter groups occupied police throughout the day. Earlier, police used rubber bullets and chemical spray to deter the rebel protesters.
The conflicts, though isolated, detracted from the main demonstration, whose participants numbered 10,000, far fewer than the 30,000 to 50,000 that were expected.
Walking at the front of the early afternoon protest, lead organizer Jess Sundin said she was happy with how the official march was playing out Monday afternoon. Thousands of people were on the streets, while news and police helicopters hovered above.
Sundin said she realized that people who were not affiliated with her group, March on the RNC, were causing trouble in other parts of downtown, but she was pleased with how the official march was going. The trouble started shortly before 1 p.m., when 200 or so protesters split from the main anti-war march.
The rebel protesters broke windows at the downtown Macy's department store and at Galtier Plaza, shattered the windows of a police cruiser, and attempted to break the windshield of a delegate bus that was briefly detained by protesters near the intersection of Kellogg and John Ireland.
When the group reached the intersection of Exchange and St. Peter streets, National Guard troops and police in riot gear used tear gas and rubber bullets in an attempt to stop the rebel protesters from wreaking more havoc.
Police also used pepper spray to halt a group of protesters at the intersection of Minnesota and 7th streets.
The group, hoisting a "Students for a Democratic Society" banner, marched down 12th Street, chanting "Our streets," and attempting to block traffic.
Police also received reports that a group of 70 protesters, wearing all black clothing and gas masks blocked the intersection of Kellogg Street and Summit Avenue. Another group of breakaway protesters reportedly blocked traffic on 10th and Jackson.
Despite the fracas, the demonstrations were devoid of the violence many had feared.
Early in the day, a group of about 100 peaceful protesters gathered for a vigil at the Josias King Memorial in front of the St. Paul Cathedral Monday morning. Some played taps, while others waived U.S. Marine and American flags. They were standing about 200 feet from the giant digital billboard put up by True Blue Minnesota.
Arizona resident Debbie Lee was among the protesters. She came to St. Paul this weekend from Denver, where she also joined in the protests. Her son, Marc, was killed in Iraq in 2006.
"I'm here to show these people that my son died for their freedoms," Lee said.
Earlier in the day, about 100 veterans marched in formation to the site of the Republican National Convention on Monday, hoping their experience would lend credibility to their anti-war message.
Many members of Iraq Veterans Against the War were in uniform as they pressed for a meeting with the presidential campaign of presumptive nominee John McCain. They want McCain to back additional services for military veterans.
One man was led away by police. It wasn't immediately clear if he had been arrested.
Ayantu Gemeda, a member of the Minneapolis-based Oromo People of East Africa and Ethiopia, marched with the main group, holding signs that read "We pay taxes, too" and waved Ethiopian flags. She and fellow group members wanted to protest the war in Iraq as well as U.S. policies that support Ethiopia and genocide in their home country.
"As Oromos living in America, we need to be heard and recognized," said Gemeda, of Minneapolis. "This Republican National Convention, this protest means a lot to us. And it's something that we are going to have to be loud and be proud."