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Is a Potential Cancer Cure Being Ignored?
On April 12, 1955, the first successful polio vaccine was administered to almost 2 million schoolchildren around the country. Its discoverer, University of Pittsburgh medical researcher Jonas Salk, was interviewed on CBS Radio that evening.
"Who owns the patent on this vaccine?" radio host Edward R. Murrow asked him.
It was a reasonable question, considering that immunity to a deadly disease that afflicted 300,000 Americans annually ought to be worth something.
"Well, the people, I would say," Salk famously replied. "There is no patent. Could you patent the sun?"
In a world where the cancer drug Avastin — patented by the pharmaceutical company Genentech/Roche — costs patients about $80,000 per year without having been proven to extend lives, Salk's selflessness has made him the hero of many medical researchers today.
One of Salk's admirers is Evangelos Michelakis, a cancer researcher at the University of Alberta who, three years ago, discovered that a common, nontoxic chemical known as DCA, short for dichloroacetate, seems to inhibit the growth of cancerous tumors in mice. Michelakis' initial findings garnered much fanfare at the time and have recirculated on the Web again this week, in large part because of a blog post ("Scientists cure cancer, but no one takes notice") that ignited fresh debate with people wondering if it was true.
The mechanism by which DCA works in mice is remarkably simple: It killed most types of cancer cells by disrupting the way they metabolize sugar, causing them to self-destruct without adversely affecting normal tissues.
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Following the animal trials, Michelakis and his colleagues did tests of DCA on human cancer cells in a Petri dish, then conducted human clinical trials using $1.5 million in privately raised funds. His encouraging results — DCA treatment appeared to extend the lives of four of the five study participants — were published last year in Science Translational Medicine.
The preliminary work in rodents, cell cultures, and small trials on humans points to DCA as being a powerful cancer treatment. That doesn't mean it's the long-awaited cure — many other compounds have seemed similarly promising in the early stages of research without later living up to that promise — but nonetheless, Michelakis believes larger human trials on DCA are warranted.
Like Jonas Salk, Michelakis hasn't patented his discovery. It's not because he doesn't want to, but because he can't. When it comes to patents, DCA really is like the sun: It's a cheap, widely used chemical that no one can own.
In today's world, such drugs don't readily attract funding.
Pharmaceutical companies are not exactly ignoring DCA, and they definitely aren't suppressing DCA research — it's just that they're not helping it. Why? Drug development is ultimately a business, and investing in the drug simply isn't a good business move. "Big Pharma has no interest whatsoever in investing [in DCA research] because there will be no profit," Michelakis told Life's Little Mysteries,a sister site to LiveScience. [Countdown: Top 10 Worst Hereditary Conditions]
The long road to a cure
Pharmacologist Omudhome Ogbru, an R&D director at a New Jersey-based pharmaceutical business, The Medicines Company, notes, "Drug companies are like other companies in that they manufacture products that must be sold for a profit in order for the company to survive and grow."
Only one in 10,000 compounds studied by researchers ends up as an approved drug, Ogbru explained in an op-ed at MedicineNet. To get to the approval phase, drugs must undergo seven to 10 years of testing at a total cost averaging $500 million — all of which can be for naught if the drug doesn't receive Food and Drug Administration approval. Even if it does, "only three out of every 20 approved drugs bring in sufficient revenue to cover their developmental costs."
"Profit is the incentive for the risk that the company takes," Ogbru wrote. "Without the promise of a reasonable profit, there is very little incentive for any company to develop new drugs."
It would be nearly impossible to make a profit on a drug like dichloroacetate. "If DCA proves to be effective, then it will be a ridiculously cheap drug," Michelakis said.
Daniel Chang, an oncologist at the Stanford Cancer Center who recently began looking into DCA, concurred. "I'm sure the lack of patentability is playing a role in the lack of investigation," Chang told us in an email.
While government health organizations like the National Cancer Institute give research grants to help fund clinical trials, "those would never be enough to get DCA approved as a cancer treatment," said Akban Kahn, a Toronto doctor. "You need hundreds of millions of dollars, and a government grant is not that big."
DCA research has moved along much more slowly than if a drug company were footing the bill. That said, grassroots funding has allowed surprisingly steady progress. "Through the website, radio, phone calls, things like that, we raised about $1.5 million in nine months" at the University of Alberta DCA Research Center, Michelakis said. This was enough to fund a detailed study of DCA treatment in five brain cancer patients.
The results were promising. The study, however, was small and lacked a placebo control, making it impossible to say for sure whether the patients' conditions improved because of the DCA treatment or because of something else. Daniel Chang, the Stanford researcher, described the study's results as interesting but inconclusive. In their paper, Michelakis and his co-authors wrote, "With the small number of treated participants in our study, no firm conclusions regarding DCA as a therapy … can be made."
Despite the dearth of clinical tests, one family practitioner, Akbar Khan of Medicor Cancer Centre in Toronto, prescribes off-label DCA to his cancer patients. (He says this can be done in Canada because DCA is already approved there for treating certain metabolism disorders. Michelakis, however, said he does not think Khan should be prescribing the drug before it is officially approved for cancer use.)
"We are seeing about 60 to 70 percent of patients who have failed standard treatments respond favorably to DCA," Khan told Life's Little Mysteries. Khan's group just published its first peer-reviewed paper in the Journal of Palliative Medicine. "It's a case report of a patient with a rare form of cancer who had tried other treatments that weren't working, so he came to us for DCA. It was effective, and actually it's quite a dramatic result. He had multiple tumors, including a particularly troubling one in his leg. DCA stabilized the tumor and significant reduced his pain.
"We currently have three patients with incurable cancers who are in complete remission, and are likely cured, from using DCA in combination with conventional palliative (non-curative) treatments. We are in the process of publishing these cases," he said. [Countdown: Top 10 Mysterious Diseases]
A new drug model
Small trials and case studies won't be enough, however, to prove DCA works. Further investigation into the drug's efficacy is necessary, and without the help of Big Pharma, it will have to happen in an unusual way.
"This could be a social experiment where the public funds these trials," Michelakis said. "After discovering the effect of DCA on cancer cells, I consider this the second-biggest achievement of our work: when we showed that you can bring a drug to human trials without a lot of money. If others were inspired" — his group is beginning to establish collaborations with some prominent cancer hospitals —"this could be a major achievement. Eventually the federal bodies like the National Cancer Institute would see there is enough evidence, and then they'll help with funding."
"It represents a new attitude and a new way of thinking," he added.
Perhaps not entirely new. For inspiration and encouragement, Michelakis often recalls the story of the polio vaccine: "It succeeded in eradicating a deadly disease without making a profit."
Editor's Note: This story and headline were updated May 18 to remove any impression that Big Pharma is to blame for the lack of research into DCA. In fact, as the story stated, the lack of financial incentive (the inability to patent DCA) is what discourages drug companies from studying the chemicals.
This article was provided by Life's Little Mysteries, a sister site to LiveScience. Follow Natalie Wolchover on Twitter @nattyover.
Natalie Wolchover was a staff writer for Live Science from 2010 to 2012 and is currently a senior physics writer and editor for Quanta Magazine. She holds a bachelor's degree in physics from Tufts University and has studied physics at the University of California, Berkeley. Along with the staff of Quanta, Wolchover won the 2022 Pulitzer Prize for explanatory writing for her work on the building of the James Webb Space Telescope. Her work has also appeared in the The Best American Science and Nature Writing and The Best Writing on Mathematics, Nature, The New Yorker and Popular Science. She was the 2016 winner of the Evert Clark/Seth Payne Award, an annual prize for young science journalists, as well as the winner of the 2017 Science Communication Award for the American Institute of Physics.


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Freestyle legend Travis Pastrana has been recognized as one of the fittest athletes in competition today—not just in motor sports but all sports. Travis is lucky to have a state-of-the-art workout facility in his home where he has two Model Es prominently displayed in the middle of the room.
Concept2 employee Greg Hammond was lucky enough to be invited to Travis's house in Davidsonville, Maryland, to deliver his second Model E. Travis's father Robert is as amazing as Travis: he loves competition, and the first thing he said was "show me the wireless race feature." This led to a great race between Greg and Robert, which quickly showed how seriously the whole family takes its training.
Concept2 has become more aware of some of the action/motor sports athletes of today who recognize the amazing workout that can be achieved with the indoor rower. For more information on how the indoor rower is being used for these athletes contact Greg Hammond at firstname.lastname@example.com.

subset: commoncrawl


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Over the past six months, the headlines from Aleppo, Syria, have been horrifying. As the conflict between rebel forces and the government continues, the city has been overrun by tanks and artillery, and assaulted by shots, explosions and fires.
But Aleppo's present belies a much richer past. It's Syria's largest city, and one of the world's oldest continually inhabited urban areas. Over the centuries, it has served as a major crossroads for trade and commerce.
At The Textile Museum in Washington, D.C., there is moving evidence of an earlier, more peaceful time in that now-beleaguered Syrian hub: photographs of 19th century women in gold-trimmed velvet jackets, flowing pants and, on their heads, finely woven skull caps. One such small and brimless cap, made in 1800, is on display at the museum.
Curator Sumru Krody says the floral pattern — tulips mostly — is typical of Ottoman Empire design. The cap's flowers are framed in deep reds, rich browns. "It's all silk and metallic threads," Krody says. "And a very little hint of pink."
A woman of means might have worn it — the silvery threads were costly. In 1800, she lived in a lively town at the end of the legendary Silk Road, a bustling trade route from China to Europe and beyond. Her markets, in Aleppo, offered exotic wares from all over the world. Carefully chaperoned, the woman in the woven cap could have bought just about anything.
Heghnar Watenpaugh, professor of art history at the University of California, Davis, paints a picture of life in old Aleppo.
"If you were tired of shopping, you might stroll down the beautiful, new, wide streets and relax in a cafe and consume coffee, which was a beverage that was gaining a lot of popularity around the world at the time, and Aleppo was the center for the trade of coffee," she says. "You'd be able to hear ... some music performed there, or a professional storyteller."
Watenpaugh says she likes to compare Aleppo to Chicago.
"It is connected to various transportation pathways, both by sea and by land," she says. "It's a center of manufacture. It's also a center of trade, it's a center of business. It attracts all kinds of people."
In 1800, when the tapestry cap was made (imagine its long, silken tassel shimmering in the sun), Aleppo was a major textile center, dotted with workshops where silk was woven and crafted. Today's Aleppo is still a city of traders, but NPR's Kelly McEvers, back from a recent reporting trip, says punishing government attacks on rebels there have bombed and shelled parts of town into oblivion.
"You see entire buildings just crumpled to the ground," says McEvers. "Entire floors ... shorn off the top of a tall apartment building, or just the face of a building, just completely blown off. I mean, there are neighborhoods that are absolute wastelands ... water mains blown and leaking under the streets, piles and piles of rubble and garbage. Not a single civilian in sight. Men with guns, just roaming the streets ... basically like they own the place."
Aleppo came late into the nearly 2-year-old Syrian conflict. In the summer of 2012, rebels tried to carry their revolution there. But McEvers says Aleppo's middle-class merchants were reluctant to take sides. And the rebels hadn't paved a path for themselves in advance.
"They didn't really prepare anyone for this," McEvers says of the rebels. "They didn't prepare the political ground in the city. They didn't have the hearts and minds of the people, so when they came in, they weren't met with open arms."
And so today Aleppo is a divided city, half controlled by rebels, half by the government. The rebels are taking their fight to airbases on the outskirts, trying to stop attacks from the sky.
And yet, this ancient city — its history goes back to the Bronze Age — has a resilience crafted by the centuries. According to Watenpaugh, Aleppo "did not become the oldest inhabited city in the world by always staying the same. Like all vibrant cities, it is constantly in the process of reinventing itself. And war — civil war — is one of the ways in which a city, perhaps negatively, perhaps violently, reinvents itself."
Watenpaugh suspects that the Aleppo that will emerge from this conflict will be a different incarnation of the ancient city.
"We don't know what it will be," says Watenpaugh. "But we have to hope that it will continue to be the genius of the place that continues to reinvent itself and find new ways of expressing its energy."
McEvers saw signs of that on certain Aleppo streets recently: people trying to get back to normal.
"This is a city of merchants," says McEvers. "A city of people who, for a really long time, have figured out how to get by, and in some places we saw that they're doing that now."
Those workshops where the tapestry cap with the tassel was produced 200 years ago, those bazaars and coffee shops where the woman who wore that cap did her shopping and stopped for coffee or a story on a busy day, gave 19th century Aleppo a fragrant texture and beauty. A single object, of silk and silver, speaks of what once was — and might, someday, be again.
Copyright 2022 NPR. To see more, visit https://www.npr.org.


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Since whoever we are (save for a few sad Leninists) we all agree with George Orwell, it usually follows that Orwell must agree with us. Whatever our 21st-century predilections, Tory or leftist, conservative or progressive, we discover blessings and endorsements somewhere in Orwell's words. We grab him for ourselves.
In English Rebel, Professor Robert Colls grabs Orwell for an idea of national affiliation. Colls offsets his attempt by disclaiming any such ambition. "There is no 'key' to Orwell," he writes at the end of his introduction, "any more than he is a 'box' to open. His Englishness, though, is worth following through." A modest grab, then—and, as we shall see, a good grab. But a grab nonetheless.
George Orwell was, argues Colls, "deracinated". He went to Eton but he was not of the ruling class. He served as a colonial policeman in Burma but he was alienated from the Raj. He became an intellectual who disliked intellectuals, and a socialist who distrusted almost all forms of socialism. He belonged nowhere.
Except, eventually, to England—not Britain, says Colls, which was too abstract an identity, but England. Between coming back from Burma in the late 1920s and the publication of Nineteen Eighty-Four in 1949, Orwell came to understand, and wanted to defend, the peculiar virtues of Englishness as understood and practised by "ordinary" English people. Bluff wisdom resided in the folk of England—whose gentleness and stoicism presumably distinguished them from alien intellectuals and alien peoples. The socialism of Orwell can be moot, Colls suggests, but his Englishness is the most real part of him.
There are several ways in which—quite apart from the success or otherwise of Colls's thesis—this book is a kind of Orwellian triumph. Colls is a lovely writer, who is fearless in a way that academics too often are not. He is happy to subvert clichés, make little speeches and is willing to permit useful generalisations. A sentence such as the following, concerning Orwell's class, takes a lot of risks for a good return: "The English class system, home or away, was an exercise in fine weights and measures which only a haunted class like the middle class could understand."
Colls is full of learning and insight, and is happy to borrow (with attribution) from the wisdom of others. So he endorses Ross McKibbin's idea that the true beginning of the short triumph of British (and therefore English) "popular left politicisation" was not in 1944 0r 1945, but in 1940 when Winston Churchill proclaimed the republic of blood, toil, sweat and tears.
Before the Second World War altered the world for Orwell, he had returned from exile in Burma, been down and out in the two capitals, written a bad novel and taken himself off to the north of England – where he discovered the working classes. The first part of The Road to Wigan Pier is the travelogue of a southern writer in the northern land, the middle-class boy in the proletarian world.
This might have been an exercise in slumming it (Harry Pollitt, the Communist Party leader and himself a working-class boy, accused Orwell of just that) but it was one for which very few other writers volunteered. "Unlike nearly every London journalist there is (and has been)", Colls writes, Orwell understood what back-to-back housing was. All I can say is: "Guilty" – perhaps because generations of us could not understand how anyone could build anything so stupid or wicked.
Colls credits Orwell for the effort but, just as Orwell later does for Dickens, not always for the result. Orwell's workers, he points out, have no pleasures, no organisations, no spokespeople, heroes or political parties.
Orwell finished The Road to Wigan Pier with some thoughts about socialism; and then, nine months after coming back from the north, he left for Spain. Why he did so is rather beyond Colls's scope, as is almost anything to do with Orwell and Abroad—save for Spain, where Orwell discovers how bloody Abroad can be and how ideology can make people suffer. But, more importantly, he realises that there are great lies being told and obfuscations being made, mostly by the Stalinists. After that (this is me, not Colls), lies and obfuscation become the real enemy. Without them, something may be done. With them, nothing good can happen.
One of Colls's best chapters is the one dealing with the book Orwell wrote after Homage to Catalonia, the novel Coming Up for Air, composed in Marrakech in 1938. Colls dissects the ambivalent relationship between Orwell and his suburban anti-hero, George Bowling, who is cynical, practical and ordinary. In the book, says Colls convincingly, Orwell un-deracinates. He "declares his reconciliation with his class and his region, however much they have changed".
You sometimes wonder what kind of biography Orwell would have written of Orwell. Not one, perhaps, in which the author writes of his subject, as Colls does, that "He did not always get things right, but unlike some who lived through the 1930s and 1940s, he did not have to recant or excuse his former associations."
Colls is open-eyed enough to show how Orwell made almost as many mistakes as anyone else. As "an attack on left intellectuals in general", writes Colls, Wigan Pier, which fails to acknowledge people such as John Maynard Keynes, is "ludicrous". In Homage and elsewhere, Orwell "was unrealistic about the Spanish revolution and it took him too long to work out why". Indeed, "Orwell might have spent a little less time responding to his own situation," scolds Colls, "and a little more time thinking carefully about the art of the politically possible." True.
Orwell cannot simply be given a pass on having opposed, from 1937-39, contemplating war with Germany, signing a manifesto entitled "If War Comes We Shall Resist" at the time of the Munich Agreement, asserting the moral equivalence of Britain and German imperialism and arguing the toss against rearmament right up to the summer of 1939. As Colls points out, there were plenty of people who could see what was going to happen. As late as 1940, in the essay "My Country Right or Left", Orwell "revealed himself as the best and worst of political commentators". He assented to the war but on the condition of bloody revolution.
"What sort of movement did he think would lead the revolution?" demands Colls. "One led by [Orwell's publisher] Victor Gollancz? Hardly. One led by Fenner Brockway and the Independent Labour Party? Surely not."
This was a problem of swift transition. Orwell turned 180 degrees and Colls attributes the volte-face to Orwell's English patriotism. The country, he discovered—the true country—embodied values worth defending. Values of a practical, gentle, empirical people; people who eschewed any universal ideology, whether it was Marxism, fascism or Catholicism. People who didn't kill each other because they disagreed over politics.
From "Inside the Whale" and "The Lion and the Unicorn", to his essays on tea and comics, Orwell espoused Englishness. Colls astutely points out that sometimes—as in the case of "Boys' Weeklies"—he clearly enjoyed what he seemed to be condemning. He professed to dislike the Church of England but was baptised, married and buried according to its rites.
Although Colls makes a good fist of Orwell the Englishman, in the end he cannot help but give himself away. Twice he mildly berates Orwell for not having observed the first English folk revival. The problem is that this revival was a romanticisation of Englishness, not a reflection of its popular reality. Composers and intellectuals liked it; the people preferred movies, musicals and, later, rock'n'roll.
The nature of the claim Colls makes on Orwell is even more obvious near the end when he imagines what Orwell might have thought had he survived tuberculosis. He says that the working class to which Orwell committed in 1936 was "deserted by the Labour Party (though not the Labour Party by them), and was exposed under New Labour to heavy migrant competition for jobs and resources", leading to the death of its culture. And "after 1979 Mrs Thatcher would surely have brought his deepest hostilities to the surface".
Were Orwell around to update his "Politics and the English Language", he might have fun with that "surely", which means the opposite. And is it possible that it is Colls who could stand Mrs Thatcher and who thinks New Labour allowed in too many migrants? It is hard not to spot indigo blotches of Maurice Glasman's Blue Labour behind Colls's thesis.
Colls argues that at the 1951 Festival of Britain, a year after Orwell's death, the English knew who they were. By the time they got to the Dome in 2000, they had lost that knowledge. As for the 2012 Olympic Games, they were merely a throwback, a "late celebration of left patriotism".
As an Englishman with Greek, Sierra Leonean, Jewish, Namibian and West Indian blood relatives, I disagree. The theme of the London Games was how the nation has changed and continues to change. It was Mo Farah, Jessica Ennis and the parachuting Queen that constituted the identification. Or, as Orwell wrote (and Colls quotes), "nothing ever stands still. We must add to our heritage or lose it, we must grow greater or grow less, we must go forward or backward. I believe in England, and I believe that we shall go forward." So thank you, Professor Colls, but now I'll grab my Orwell back.


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text: Hammer`s Farm a name deriving from an 18th century door knocker that still embellishes its main gate is an estate located 3 miles away from the UNESCO recognised world heritage city of Angra do Heroísmo. This farm`s activity reached its zenith when the orange fruit trade in the Azores was a very prosperous activity.Through an extensive work of investigation and the study of several vestiges found, we were able to reconstruct and maintain certain regional aspects such as: workshops, traditional dying out crafts, and houses dating back to the beginning of the Azores settlement.We were also able to recover and adapt certain Farm areas to biological agriculture, and preserve autochthonous species of domestic animals for use in the various features of the Farm.Hammer´s Farm is regarded as a "Tourist Utility, by the Azorean Regional Government. Here, we intend to recreate a genuine Terceira´s rural ambiance, starting with the buildings and ornaments, on to the gastronomy and ending with the clothing, tradition and festivities.Here, we offer our visitors the true feeling of what life was like five centuries ago in a traditional rural farm such as Hammer´s Farm.In Hammer´s Farm, our visitors are given the true ambiance of what a traditional Terceira´s rural house is like.In these lodgings we intend to accurately set up a genuine surrounding, starting with the building´s construction and furniture which are made out of the most genuine and excellent materials. All of this is the result of years of research on the original architectural designs, decoration and equipments used since the settlement years. However, we have not forgotten modern refinements in lodging comfort.There is also the opportunity for our visitors to see rural farm work as well as existing traditional crafts and arts.Lodging is distributed thought several houses, each one representing an exclusive and decoration that we have found in Terceira inn the past four centuries.In Quinta do Martelo one can taste the best of our island`s traditional cuisine, awarded with the first prize in the "Gastronomia - Património National" contest, among other awards.It is possible to observe and taste the evolution of gastronomy, and Azorean culture throughout the centuries.All products produced at Quinta are biologically grown and they are used to cook meals on the Restaurant "A Venda do Ti Manel da Quinta".


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1 For this reason I, Paul, athe prisoner of bChrist Jesus cfor the sake of you dGentiles—
2 if indeed you have heard of the astewardship of God's grace which was given to me for you;
3 athat bby revelation there was cmade known to me dthe mystery, eas I wrote before in brief.
4 1By referring to this, when you read you can understand amy insight 2into the bmystery of Christ,
5 which in other generations was not made known to the sons of men, as it has now been revealed to His holy aapostles and prophets 1in the Spirit;
6 to be specific, that the Gentiles are afellow heirs and bfellow members of the body, and cfellow partakers of the promise in dChrist Jesus through the gospel,
7 aof which I was made a bminister, according to the gift of cGod's grace which was given to me daccording to the working of His power.
8 To me, athe very least of all 1saints, this grace was given, to bpreach to the Gentiles the unfathomable criches of Christ,
9 and to 1bring to light what is the administration of the amystery which for ages has been bhidden in God cwho created all things;
10 so that the manifold awisdom of God might now be bmade known through the church to the crulers and the authorities in dthe heavenly places.
11 This was in aaccordance with the 1eternal purpose which He 2carried out in bChrist Jesus our Lord,
12 in whom we have boldness and 1aconfident baccess through faith 2in Him.
13 Therefore I ask 1you not ato lose heart at my tribulations bon your behalf, 2for they are your glory.
14 For this reason I abow my knees before the Father,
15 from whom 1every family in heaven and on earth derives its name,
16 that He would grant you, according to athe riches of His glory, to be bstrengthened with power through His Spirit in cthe inner man,
17 so that aChrist may dwell in your hearts through faith; and that you, being brooted and cgrounded in love,
18 may be able to comprehend with aall the 1saints what is bthe breadth and length and height and depth,
19 and to know athe love of Christ which bsurpasses knowledge, that you may be cfilled up to all the dfullness of God.
20 aNow to Him who is bable to do far more abundantly beyond all that we ask or think, caccording to the power that works within us,
21 ato Him be the glory in the church and in Christ Jesus to all generations 1forever and ever. Amen.
About New American Standard Bible: 1995 UpdateThe New American Standard Bible, long considered a favorite study Bible by serious students of the Scriptures, has been completely revised and updated in this new 1995 translation. Preserving the Lockman Foundation's standard of creating a literal translation of the original Greek, Hebrew, and Aramaic manuscripts, the 1995 NASB provides a literal translation that is very readable. Formalized language and outdated words and phrases have been replaced with their contemporary counterparts. In short, the 1995 NASB is a Bible translation that is very conducive to word-by-word study and is also able to be read (and understood) by the whole family. |
Copyright |
New American Standard Bible
NAS Cross References and Translator's Notes
NAS Exhaustive Concordance of the Bible The "NASB," "NAS," "New American Standard Bible," and "New American Standard" trademarks are registered in the United States Patent and Trademark Office by The Lockman Foundation. Use of these trademarks requires the permission of The Lockman Foundation. PERMISSION TO QUOTE The text of the New American Standard Bible® may be quoted and/or reprinted up to and inclusive of five hundred (500) verses without express written permission of The Lockman Foundation, providing that the verses do not amount to a complete book of the Bible nor do the verses quoted account for more than 25% of the total work in which they are quoted. Notice of Copyright must appear on the title or copyright page of the work as follows: "Scripture taken from the NEW AMERICAN STANDARD BIBLE, © Copyright The Lockman Foundation 1960, 1962, 1963, 1968, 1971, 1972, 1973, 1975, 1977, 1995. Used by permission." When quotations from the NASB® text are used in not-for-sale media, such as church bulletins, orders of service, posters, transparencies or similar media, the abbreviation (NASB) may be used at the end of the quotation. This permission to quote is limited to material which is wholly manufactured in compliance with the provisions of the copyright laws of the United States of America and all applicable international conventions and treaties. Quotations and/or reprints in excess of the above limitations, or other permission requests, must be directed to and approved in writing by The Lockman Foundation, PO Box 2279, La Habra, CA 90632-2279, (714) 879-3055. http://www.lockman.org |
Support Info | nasb95 |


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WhatsApp, a unit of Facebook, said it had notified the US Department of Justice to help with an investigation.
WhatsApp said on Tuesday that a security breach on its messaging app had signs of coming from a government using surveillance technology developed by a private company, and it may have targeted human rights groups.
WhatsApp, a unit of Facebook, said it had notified the US Department of Justice to help with an investigation, and it encouraged all WhatsApp users to update to the latest version of the app, where the breach had been fixed.
WhatsApp, one of the world's most popular messaging tools, is used by 1.5 billion people monthly. It has touted its high level of security and privacy, with messages on its platform being encrypted end-to-end so that WhatsApp and third parties cannot read or listen to them.
The company said it was still investigating the breach but believed only a "select number of users were targeted through this vulnerability by an advanced cyber actor."
WhatsApp said its advice to all users to update came "out of an abundance of caution" and a recommendation by Citizen Lab, a research group at the University of Toronto that it notified about the vulnerability before the announcement.
It did not disclose how many users were affected. A technical advisory published on Facebook's security website said the vulnerability affected both Android and iPhones.
A WhatsApp spokesman said the attack was sophisticated and had all the hallmarks of a "private company working with governments on surveillance."
The FBI and Justice Department declined to comment.
The Financial Times initially reported on the WhatsApp vulnerability that allowed attackers to inject spyware on phones via the app's voice-calling function.
WhatsApp told human rights groups it believed the spyware was developed by Israeli cyber surveillance company NSO Group, best known for its mobile hacking tools, said Eva Galperin, the director of cybersecurity at the Electronic Frontier Foundation, a San Francisco-based nonprofit.
"They said they believed it was NSO Group, but they also couched it in very careful terms with many caveats, because attribution is hard," she said.
Like Citizen Lab, EFF was among the groups WhatsApp notified several days ago about the vulnerability.
A second person familiar with the matter also identified NSO Group as the suspected culprit.
NSO did not comment on the specific attacks. In a statement sent to Reuters, NSO said it would investigate any "credible allegations of misuse" of its technology.
The company said it never picks or identifies targets of its technology, "which is solely operated by intelligence and law enforcement agencies. NSO would not or could not use its technology in its own right to target any person or organization, including this individual."
One target of the new WhatsApp exploit was a United Kingdom-based human rights lawyer who spoke on condition of anonymity. He said an attack against him took place on Sunday after WhatsApp issued its update and was not successful. The lawyer had contacted Citizen Lab after receiving previous suspicious WhatsApp calls.
The lawyer is helping a Saudi dissident and several Mexican journalists mount civil cases against NSO Group for its alleged role in selling hacking tools to the Saudi and Mexican governments, which they allege were used to hack into their phones.
There are currently four known legal cases against NSO Group, including three in Israel and one based in Cyprus. NSO is being sued for damages allegedly caused by the sale of its tools, which the company says it sells only to law enforcement and intelligence agencies pursuing legitimate targets, such as terrorists and criminals.
WhatsApp said it was "deeply concerned about the abuse" of such surveillance technologies and that it believed human rights activists may have been the targets.
"We're working with human rights groups on learning as much as we can about who may have been impacted from their community. That's really where our highest concern is," the spokesman said.
Citizen Lab tweeted on Monday: "We believe an attacker tried (and was blocked by WhatsApp) to exploit it as recently as yesterday to target a human rights lawyer."
Citizen Lab told Reuters that the person was the UK lawyer, who had approached Citizen Lab after receiving multiple WhatsApp calls from unknown numbers at strange hours, making him suspicious.
Ireland's Data Protection Commission (DPC), WhatsApp's lead regulator in the European Union, said WhatsApp had notified the agency late on Monday of a "serious security vulnerability" on its platform.
"The DPC understands that the vulnerability may have enabled a malicious actor to install unauthorized software and gain access to personal data on devices which have WhatsApp installed," the regulator said in a statement.
Cyber security experts said the vast majority of WhatsApp users were unlikely to have been affected.


text:
Between August 4 and August 7, up to 2,000 people were killed and over 220,000 driven from their homes by the Croatian army. No "invaders," these Serbs had lived in the Krajina – their word for borderlands – for centuries. The 1995 onslaught was not just a final phase of the war that began in 1991, but a continuation of the 1940s Nazi atrocities, and a long, sordid history of oppression and betrayal going back to the 1800s.
In the late 1600s, the Hapsburg Empire (later Austria-Hungary) established a buffer zone along the border with the Ottoman Turks. in exchange for military service, the Orthodox Serb frontiersmen were granted religious liberties by the Catholic Hapsburgs. By the 1800s, the Ottomans were in retreat and Austria became obsessed with subjugating the Serbs and trying to subsume them into the Catholic Croat population.
When Austria-Hungary disintegrated in 1918, the Croats chose to join the Serbs in a new South Slav kingdom – Yugoslavia – rather than be partitioned between Hungary, Austria and Italy. In April 1941, as Yugoslavia was invaded by the Axis powers, Croatian Nazis known as "Ustasha" declared an independent state with the backing of Hitler and Mussolini.
This Ustasha Croatia conducted a campaign of mass murder, expulsion and forced conversion of Serbs to Catholicism, which outright disgusted the Italians and made even some Germans recoil in horror. A Croatian legion was sent to the Eastern Front, where it perished under Stalingrad. When the Communist regime of Marshal Tito took over Yugoslavia in 1945, however, Croatian atrocities were hushed up for the sake of "brotherhood and unity."
The end of Communism in 1990 saw a revival of Nazi symbols and vocabulary in Croatia. President Franjo Tudjman denied Ustasha atrocities and expressed joy his wife was "neither Serb nor Jewish." Serbs were stripped of equal citizenship and declared a minority. When Tudjman declared independence in June 1991, the Serbs saw 1941 all over again. They took up arms and declared the Krajina Republic – not denying the Croats their right to independence, but disputing Zagreb's claim to lands Croatia acquired under the same Yugoslavia it now sought to leave.
When the disintegrating Yugoslav Army backed the Krajina Serbs, Zagreb cried "Serbian aggression." International pressure and UN sanctions sought to cut off Belgrade's support for the rebels. When Tudjman failed to crush the Serb resistance, an armistice was arranged in January 1992. Krajina was placed under the protection of UN peacekeepers, dubbed UNPROFOR.
Meanwhile, the Clinton administration began backing Croatia and the Bosnian Muslims in their war against the local Serbs. In 1994, MPRI – a private company staffed with retired US military officers – was paid to train and equip the Croatian military. Officially, of course, they were teaching them democracy and human rights.
In May 1995, Croatia launched a strike on the Serb enclave of Western Slavonia. The UN did nothing, while the Western media was firmly focused on Bosnia. Everything was ready for the main event, dubbed "Operation Storm." It began on August 4, with a predawn artillery barrage and the assault by 200,000 Croatian troops, trained by MPRI and armed with surplus Warsaw Pact weapons procured from eager Eastern European aspirants to NATO membership.
Three days later, most of Krajina's Serbs had been expelled from their homes, while around 2,000 were dead. Churches, cemeteries and entire villages were razed to the ground, while refugee columns were strafed by fighter jets. Serbia did not react at all, prompting speculation to this day that Slobodan Milosevic was somehow "in on it" with Zagreb and Washington. A simpler explanation may lie in the fact that his Army Chief of Staff and spymaster were both working for the CIA at the time, as General Momcilo Perisic and Jovica Stanisic admitted years later.
The US-backed war crimes tribunal for Yugoslavia made a show of demanding the arrest and extradition of several Croatian generals involved in "Storm." In April 2011, the tribunal convicted Ante Gotovina and Mladen Markac, while acquitting Ivan Cermak. However, the basis for their convictions was an arbitrary standard for artillery strikes never previously used – indeed, one that would have acquitted all the Serb officers charged with shelling civilians. The purpose of this became apparent when the tribunal cited this arbitrary standard as grounds for reversing Gotovina and Markac's convictions on appeal, in November 2012.
By that time, Croatia had already been admitted to NATO (2009), and cleared for membership in the European Union, which it joined in 2013.
Washington claims to be engaged in Croatia to foster "a democratic, secure, and market-oriented society that will be a strong partner in Euro-Atlantic institutions." Yet in his 1998 memoir 'To End A War,' US diplomat Richard Holbrooke paints a different picture, quoting a note from his colleague Robert Frasure written during a meeting with Croatian officials on August 17, 1995:
"Dick: We 'hired' these guys to be our junkyard dogs because we were desperate. We need to try to 'control' them. But this is no time to get squeamish about things."
This was just ten days after the mass expulsion and murder of Serbs, as US diplomats directed the Croatian troops' incursion into Bosnia. Meanwhile, Tudjman's government gloated over achieving what their Nazi predecessors only dreamed of, thanks to its choice of sponsors. A 2001 census showed 380,000 fewer Serbs in Croatia than a decade prior, a change from citizens with equal rights to a statistical error. The US government was most certainly not "squeamish" – not then, and not now.
If all of this bears an uncanny resemblance to the crisis in Ukraine, that's because it does. The US is using the same arsenal of accusations employed against Serbia in the 1990s to blame Russia for "aggression" in Ukraine. Those Ukrainians who refused to live under a pro-US coup regime in Kiev are demonized as "terrorists." Meanwhile, the pro-Nazi elements in Ukraine are being given the same whitewash into "democratic reformers" as their colleagues in Croatia. They even have US troops training and equipping them, quite openly.
Last September, after Kiev's forces suffered a crushing defeat in attempting to subdue the rebels, one Ukrainian lawmaker suggested following Croatia's example. While tolerating the existence of Krajina for three years, wrote Yuriy Lutsenko, the Croats strengthened their military and the economy. "And then in a couple hours, a tank attack wiped the separatists off the face of the earth," he said.
Lest there be any confusion, Lutsenko was the head of the majority Poroshenko Bloc in Ukraine's parliament. Washington routinely describes the regime of President Petro Poroshenko as democratic reformers bent on bringing Western values to Ukraine – at gunpoint, apparently.
Croatia marked the 20th anniversary of its victorious crime with a military parade and a statue of President Tudjman in the formerly Serb city of Knin. The lands "liberated" in 1995 remain "scattered ghost villages strewn with shell-scarred houses overgrown with ivy and tall grass," to quote a Reuters description from 2005.
Washington was not content with crushing Krajina. In 1999, NATO attacked what was left of Yugoslavia and occupied Kosovo, a southern province of Serbia, declaring it an independent state in 2008. In October 2000, the US organized a"color revolution" in Belgrade, the first of its kind, bringing into power a puppet government. Serbia has been ruled by client regimes ever since.
By rewarding Tudjman's atrocities, the West has effectively endorsed the Croatian Nazi atrocities from the 1940s, of which the 1990s policy was a continuation. Two decades after "Operation Storm," Krajina stands as a symbol of the conviction that the US and its "junkyard dogs" – whether in Zagreb, Kiev, or elsewhere – can act with absolute impunity. Likewise, the fate of Krajina and the Serbs in general is meant to be a message to the world that resistance to US goals is futile.
But the East remembers.


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text:
Honorable Walter J. LA BUY, Petitioner, v. HOWES LEATHER COMPANY, Inc. and Montgomery Ward & Co., Inc.
77 S.Ct. 309
1 L.Ed.2d 290
Honorable Walter J. LA BUY, Petitioner,
HOWES LEATHER COMPANY, Inc. and Montgomery Ward & Co., Inc.
No. 27.
Argued Oct. 17 and 18, 1956.
Decided Jan. 14, 1957.
Mr. James A. Sprowl, Chicago, Ill., for petitioner.
Mr. Jack I. Levy, Chicago, Ill., for respondents.
Mr. Justice CLARK delivered the opinion of the Court.
These two consolidated cases present a question of the power of the Courts of Appeals to issue writs of manadamus to compel a District Judge to vacate his orders entered under Rule 53(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., referring antitrust cases for trial before a master. The petitioner, a United States District Judge sitting in the Northern District of Illinois, contends that the Courts of Appeals have no such power and that, even if they did, these cases were not appropriate ones for its exercise. The Court of Appeals for the Seventh Circuit has decided unanimously that it has such power and, by a divided court, that the circumstances surrounding the references by the petitioner required it to issue the mandamus about which he complains. 226 F.2d 703. The importance of the question in the administration of the Federal Rules of Civil Procedure, together with the uncertainty existing on the issue among the Courts of Appeals, led to our grant of a writ of certiorari. 350 U.S. 964, 76 S.Ct. 439. We conclude that the Court of Appeals properly issued the writs of mandamus.
History of the Litigation.—These petitions for mandamus, filed in the Court of Appeals, arose from two antitrust actions instituted in the District Court in 1950.1 Rohlfing2 involves 87 plaintiffs, all operators of independent retail shoe repair shops. The claim of these plaintiffs against the six named defendants manufacturers, wholesalers, and retail mail order houses and chain operators—is identical. The claim asserted in the complaint is a conspiracy between the defendants 'to monopolize and to attempt to monopolize' and fix the price of shoe repair supplies sold in interstate commerce in the Chicago area, in violation of the Sherman Act, 15 U.S.C.A. §§ 1—7, 15 note. The allegations also include a price discrimination charge under the Robinson-Patman Act, 15 U.S.C.A. §§ 13, 13a, 13b, 21a. Shaffer3 involves six plaintiffs, all wholesalers of shoe repair supplies, and six defendants, including manufacturers and wholesalers of such supplies and a retail shoe shop chain operator. The allegations here also include charges of monopoly and price fixing under the Sherman Act and price discrimination in violation of the Robinson-Patman Act. Both complaints pray for injunctive relief, treble damages, and an accounting with respect to the discriminatory price differentials charged.
The record indicates that the cases had been burdensome to the petitioner. In Rohlfing alone, 27 pages of the record are devoted to docket entries reflecting that petitioner had conducted many hearings on preliminary pleas and motions. The original complaint had been twice amended as a result of orders of the court in regard to misjoinders and severance; 14 defendants had been dismissed with prejudice; summary judgment hearings had resulted in a refusal to enter a judgment for some of the defendants on the pleadings; over 50 depositions had been taken; and hearings to compel testimony and require the production and inspection of records were held. It appears that several of the hearings were extended and included not only oral argument but submission of briefs, and resulted in the filing of opinions and memoranda by the petitioner. It is reasonable to conclude that much time would have been saved at the trial had petitioner heard the case because of his familiarity with the litigation.
The References to the Master.—The references to the master were made under the authority of Rule 53(b) of the Federal Rules of Civil Procedure.4 The cases were called on February 23, 1955, on a motion to reset them for trial. Rohlfing was 'No. 1 below the black line' on the trial list, which gave it a preferred setting. All parties were anxious for an early trial, but plaintiffs wished an adjournment until May. The petitioner announced that 'it has taken a long time to get this case at issue. I remember hearing more motions, I think, in this case than any case I have ever sat on in this court.' The plaintiffs estimated that the trial would take six weeks, whereupon petitioner stated he did not know when he could try the case 'if it is going to take this long.' He asked if the parties could agree 'to have a Master hear' it. The parties ignored this query and at a conference in chambers the next day petitioner entered the orders of reference sua sponte5. The orders declared that the court was "confronted with an extremely congested calendar' and that 'exception (sic) conditions exist for this reason' requiring the references. The cases were referred to the master 'to take evidence and to report the same to this Court, together with his findings of fact and conclusions of law.' It was further ordered in each case that 'the Master shall commence the trial of this cause' on a certain date and continue with diligence, and that the parties supply security for costs. While the parties had deposited some $8,000 costs, the record discloses that all parties objected to the references and filed motions to vacate them. Upon petitioner's refusal to vacate the references, these mandamus actions were filed in the Court of Appeals seeking the issuance of writs ordering petitioner to do so. These applications were grounded on 28 U.S.C. § 1651(a), 28 U.S.C.A. § 1651(a), the All Writs Act.6 In his answer to the show cause orders issued by the Court of Appeals, petitioner amplified the reasons for the references, stating 'that the cases were very complicated and complex, that they would take considerable time to try,' and that his 'calendar was congested.' Declaring that the references amounted to (226 F.2d 705) 'a refusal on his (petitioner's) part, as a judge, to try the causes in due course,' the Court of Appeals concluded that 'in view of the extraordinary nature of these causes' the references must be vacated 'if we find that the orders were beyond the court's power under the pertinent rule.' 226 F.2d 705, 706. And, it being so found, the writs issued under the authority of the All Writs Act. It is not disputed that the same principles and considerations as to the propriety of the issuance of the writs apply equally to the two cases.
The Power of the Courts of Appeals.—Petitioner contends that the power of the Courts of Appeals does not extend to the issuance of writs of mandamus to review interlocutory orders except in those cases where the review of the case on appeal after final judgment would be frustrated. Asserting that the orders of reference were in exercise of his jurisdiction under Rule 53(b), petitioner urges that such action can be reviewed only on appeal and not by writ of mandamus, since by congressional enactment appellate review of a District Court's orders may be had only after a final judgment. The question of naked power has long been settled by this Court. As late as Roche v. Evaporated Milk Association, 1943, 319 U.S. 21, 25, 63 S.Ct. 938, 941, 87 L.Ed. 1185, Mr. Chief Justice Stone reviewed the decisions and, in considering the power of Courts of Appeals to issue writs of mandamus, the Court held that 'the common-law writs, like equitable remedies, may be granted or withheld in the sound discretion of the court.' The recodification of the All Writs Act in 1948, which consolidated old §§ 342 and 377 into the present § 1651(a), did not affect the power of the Courts of Appeals to issue writs of mandamus in aid of jurisdiction. See Bankers Life & Casualty Co. v. Holland, 1953, 346 U.S. 379, 382—383, 74 S.Ct. 145, 147—148, 98 L.Ed. 106. Since the Court of Appeals could at some stage of the antitrust proceedings entertain appeals in these cases, it has power in proper circumstances, as here, to issue writs of mandamus reaching them. Roche, supra, 319 U.S. at page 25, 63 S.Ct. at page 941, and cases there cited. This is not to say that the conclusion we reach on the facts of this case is intended, or can be used, to authorize the indiscriminate use of prerogative writs as a means of reviewing interlocutory orders. We pass on, then, to the only real question involved, i.e., whether the exercise of the power by the Court of Appeals was proper in the cases now before us.
The Discretionary Use of the Writs.—It appears from the docket entries to which we heretofore referred that the petitioner was well informed as to the nature of the antitrust litigation, the pleadings of the parties, and the gist of the plaintiffs' claims. He was well aware of the theory of the defense and much of the proof which necessarily was outlined in the various requests for discovery, admissions, interrogatories, and depositions. He heard arguments on motions to dismiss, to compel testimony on depositions, and for summary judgment. In fact, petitioner's knowledge of the cases at the time of the references, together with his long experience in the antitrust field, points to the conclusion that he could dispose of the litigation with greater dispatch and less effort than anyone else. Nevertheless, he referred both suits to a master on the general issue. Furthermore, neither the existence of the alleged conspiracy nor the question of liability vel non had been determined in either case. These issues, as well as the damages, if any, and the question concerning the issuance of an injunction, were likewise included in the references. Under all of the circumstances, we believe the Court of Appeals was justified in finding the orders of reference were an abuse of the petitioner's power under Rule 53(b). They amounted to little less than an abdication of the judicial function depriving the parties of a trial before the court on the basic issues involved in the litigation.
The use of masters is 'to aid judges in the performance of specific judicial duties, as they may arise in the progress of a cause,' Ex parte Peterson, 1920, 253 U.S. 300, 312, 40 S.Ct. 543, 547, 64 L.Ed. 919, and not to displace the court. The exceptional circumstances here warrant the use of the extraordinary remedy of mandamus. See State of Maryland v. Soper, 1926, 270 U.S. 9, 30, 46 S.Ct. 185, 189, 70 L.Ed. 449. As this Court pointed out in Los Angeles Brush Mfg. Corp. v. James, 1927, 272 U.S. 701, 706, 47 S.Ct. 286, 288, 71 L.Ed. 481: '* * * (W)here the subject concerns the enforcement of the * * * (r)ules which by law it is the duty of this court to formulate and put in force,' mandamus should issue to prevent such action thereunder so palpably improper as to place it beyond the scope of the rule invoked. As was said there at page 707 of 272 U.S., at page 289 of 47 S.Ct., were the Court '* * * to find that the rules have been practically nullified by a District Judge * * * it would not hesitate to restrain (him) * * *.' The Los Angeles Brush Mfg. Corp. case was cited as authority in 1940 for a per curiam opinion in McCullough v. Cosgrave, 309 U.S. 634, 60 S.Ct. 703, 84 L.Ed. 992, in which the Court summarily ordered vacated the reference of two patent cases to a master. The cases arose from the same District Court in which the Los Angeles Brush Mfg. Corp. case originated largely followed that for the references largely followed that case. It is to be noted that the grounds there are much more inclusive than those set out here, alleging all of those claimed by the petitioner and, in addition, the prolonged illness of the regular judge and the fact that no other judge was available to try the cases. It appears to us a fortiori that these cases were improperly referred to a master.
It is claimed that recent opinions of this Court are to the contrary. Petitioner cites Bankers Life & Casualty Co. v. Holland, 1953, 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106, and Parr v. United States, 1956, 351 U.S. 513, 76 S.Ct. 912. The former case did not concern rules promulgated by this Court but, rather, an Act of Congress, the venue statute. Furthermore, there we pointed out that the '* * * All Writs Act is meant to be used only in the exceptional case where there is clear abuse of discretion or 'usurpation of judicial power' * * *.' 346 U.S. at page 383, 74 S.Ct. at page 148. Certainly, as the Court of Appeals found here, there was a clear abuse of discretion. In the Parr case, the District Court had not exceeded or refused to exercise its functions. It dismissed an indictment because the Government had elected to prosecute Parr in another district under a new indictment. The effect of the holding was merely that the dismissal of the first indictment was not an abuse of the discretion vested in the trial judge.
It is also contended that the Seventh Circuit has erroneously construed the All Writs Act as 'conferring on it a 'roving commission' to supervise interlocutory orders of the District Courts in advance of final decision.' Our examination of its opinions in this regard leads us to the conclusion that the Court of Appeals has exercised commendable self-restraint. It is true that mandamus should be resorted to only in extreme cases, since it places trial judges in the anomalous position of being litigants without counsel other than uncompensated volunteers. However, there is an end of patience and it clearly appears that the Court of Appeals has for years admonished the trial judges of the Seventh Circuit that the practice of making references 'does not commend itself' and '* * * should seldom be made, and if at all only when unusual circumstances exist.' In re Irving-Austin Building Corp., 7 Cir., 1938, 100 F.2d 574, 577. Again, in 1942, it pointed out that the words 'exception' and 'exceptional' as used in the reference rule are not elastic terms with the trial court the sole judge of their elasticity. 'Litigants are entitled to a trial by the court, in every suit, save where exceptional circumstances are shown.' Adventures in Good Eating, Inc., v. Best Places to Eat, Inc., 7 Cir., 131 F.2d 809, 815. Still the Court of Appeals did not disturb the reference practice by reversal or mandamus until this case was decided in October 1955. Again, Chief Judge Duffy in Krinsley v. United Artists Corp., 7 Cir., 1956, 235 F.2d 253, 257, in which there was an affirmance of a case involving a reference, called attention to the fact that the practice of referring cases to masters was '* * * all too common in the Northern District of Illinois * * *.' The record does not show to what extent references are made by the full bench of the District Court in the Northern District; however, it does reveal that petitioner has referred 11 cases to masters in the past 6 years. But even 'a little cloud may bring a flood's downpour' if we approve the practice here indulged, particularly in the face of presently congested dockets, increased filings, and more extended trials. This is not to say that we are neither aware of nor fully appreciative of the unfortunate congestion of the court calendar in many of our District Courts. The use of procedural devices in the heavily congested districts has proven to be most helpful in reducing docket congestion. Illustrative of such techniques are provision for an assignment commissioner to handle the assignment of all cases; the assignment of judges to handle only motions, pleas, and pretrial proceedings; and separate calendars for civil and criminal trials in cases that have reached issue. We enumerate these merely as an example of the progress made in judicial administration through the use of enlightened procedural techniques. It goes without saying that they can be used effectively only where adaptable to the specific problems of a district. But, be that as it may, congestion in itself is not such an exceptional circumstance as to warrant a reference to a master. If such were the test, present congestion would make references the rule rather than the exception. Petitioner realizes this, for in addition to calendar congestion he alleges that the cases referred had unusual complexity of issues of both fact and law. But most litigation in the antitrust field is complex. It does not follow that antitrust litigants are not entitled to a trial before a court. On the contrary, we believe that this is an impelling reason for trial before a regular, experienced trial judge rather than before a temporary substitute appointed on an ad hoc basis and ordinarily not experienced in judicial work. Nor does petitioner's claim of the great length of time these trials will require offer exceptional grounds. The final ground asserted by petitioner was with reference to the voluminous accounting which would be necessary in the event the plaintiffs prevailed. We agree that the detailed accounting required in order to determine the damages suffered by each plaintiff might be referred to a master after the court has determined the over-all liability of defendants, provided the circumstances indicate that the use of the court's time is not warranted in receiving the proof and making the tabulation.
We believe that supervisory control of the District Courts by the Courts of Appeals is necessary to proper judicial administration in the federal system. The All Writs Act confers on the Courts of Appeals the discretionary power to issue writs of mandamus in the exceptional circumstances existing here. Its judgment is therefore affirmed.
Mr. Justice BRENNAN, with whom Mr. Justice FRANKFURTER, Mr. Justice BURTON and Mr. Justice HARLAN join, dissenting.
The issue here is not whether Judge La Buy's order was reviewable by the Court of Appeals. The sole question is whether review should have awaited final decision in the cause or whether the order was reviewable before final decision by way of a petition under the All Writs Act for the issuance of a writ of mandamus addressed to it. I do not agree that the writ directing Judge La Buy to vacate the order of reference was within the bounds of the discretionary power of the Court of Appeals to issue an extraordinary writ under the All Writs Act.1 Only last Term, in Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, this Court restated those bounds:
'The power to issue them is discretionary and it is sparingly exercised. * * * This is not a case where a court has exceeded or refused to exercise its jurisdiction, see Roche v. Evaporated Milk Ass'n, 319 U.S. 21, 26, 63 S.Ct. 938, 941, 87 L.Ed. 1185, nor one where appellate review will be defeated if a writ does not issue, cf. State of Maryland v. Soper, 270 U.S. 9, 29—30, 46 S.Ct. 185, 189, 70 L.Ed. 449. Here the most that could be claimed is that the district courts have erred in ruling on matters within their jurisdiction. The extraordinary writs do not reach to such cases; they may not be used to thwart the congressional policy against piecemeal appeals. Roche v. Evaporated Milk Ass'n, supra, 319 U.S. at page 30, 63 S.Ct. at page 943.' 351 U.S. at page 520, 76 S.Ct. at page 917.2
The action of the Court of Appeals for the Seventh Circuit here under review is outside these limitations. The case before the Court of Appeals was 'not a case where a court has exceeded or refused to exercise its jurisdiction * * *.' Rule 53(b) of the Federal Rules of Civil Procedure vested Judge La Buy with discretionary power to make a reference if he found, and he did, that 'some exceptional condition' required the reference.3 Here also 'the most that could be claimed is that the district (court) * * * erred in ruling on matters within (its) jurisdiction.' If Judge La Buy erred in finding that there was an 'exceptional condition' requiring the reference or did not give proper weight to the caveat of the Rule that a 'reference to a master shall be the exception and not the rule,' that was mere error 'in ruling on matters within (the District Court's) jurisdiction.' Such mere error does not bring into play the power of the Court of Appeals to issue an extraordinary writ. Nor did Judge La Buy's order of reference present the Court of Appeals with a case 'where appellate review will be defeated if a writ does not issue.' The litigants may suffer added expense and possible delay in obtaining a decision as a consequence of the reference, but Roche settles that 'that inconvenience is one which we must take if Congress contemplated in providing that only final judgments should be reviewable.'4
But, regrettable as is this Court's approval of what I consider to be a clear departure by the Court of Appeals from the settled principles governing the issuance of the extraordinary writs, what this Court says in reaching its result is reason for particularly grave concern. I think this Court has today seriously undermined the long-standing statutory policy against piecemeal appeals. My brethren say: 'Since the Court of Appeals could at some stage of the antitrust proceedings entertain appeals in these cases, it has power in proper circumstances, as here, to issue writs of mandamus reaching them. * * * This is not to say that the conclusion we reach on the facts of this case is intended, or can be used, to authorize the indiscriminate use of prerogative writs as a means of reviewing interlocutory orders.' I understand this to mean that proper circumstances are present for the issuance of a writ in this case because, if the litigants are not now heard, the Court of Appeals will not have an opportunity to relieve them of the burden of the added expense and delay of decision alleged to be the consequence of the reference. But that bridge was crossed by this Court in Roche and Alkali, where this very argument was rejected: 'Here the inconvenience to the litigants results alone from the circumstance that Congress has provided for review of the district court's order only on review of the final judgment, and not from an abuse of judicial power, or refusal to exercise it, which it is the function of mandamus to correct.' 319 U.S. at page 31, 63 S.Ct. at page 944.
What this Court is saying, therefore, is that the All Writs Act confers an independent appellate power in the Courts of Appeals to review interlocutory orders. I have always understood the law to be precisely to the contrary. The power granted to the Courts of Appeals by the All Writs Act is not an appellate power but merely an auxiliary power in aid of and to protect the appellate jurisdiction conferred by other provisions of law, e.g., the power to review final decisions granted by 28 U.S.C. § 1291, 28 U.S.C.A. § 1291,5 and to review specified exceptional classes of interlocutory orders granted by 28 U.S.C. § 1292, 28 U.S.C.A. § 1292.6 This holding that an independent appellate power is given by the All Writs Act not only discards the constraints upon the scope of the power to issue extraordinary writs restated in Parr, but, by the very fact of doing so, opens wide the crack in the door which, since the Judiciary Act of 1789, has shut out from intermediate appellate review all interlocutory actions of the District Courts not within the few exceptional classes now specified by the Congress in § 1292.
The power of the Courts of Appeals to issue extraordinary writs stems from § 14 of the Judiciary Act of 1789.7 Chief Judge Magruder, in In re Josephson, 1 Cir., 218 F.2d 174, provides us with an invaluable history of this power and of the judicial development of its scope. He demonstrates most persuasively tht '(t)he all writs section does not confer an independent appellate power; the power is strictly of an auxiliary nature, in aid of a jurisdiction granted in some other provision of law, as was sharply pointed out in Roche v. Evaporated Milk Ass'n, 1943, 319 U.S. 21, 29—31, 63 S.Ct. 938 (943—944). * * *' 218 F.2d at page 180.
The focal question posed for a Court of Appeals by a petition for the issuance of a writ is whether the action of the District Court tends to frustrate or impede the ultimate exercise by the Court of Appeals of its appellate jurisdiction granted in some other provision of the law. The answer is clearly in the affirmative where, for example, the order of the District Court transfers a cause to a District Court of another circuit for decision. That was Josephson, where the Court of Appeals for the First Circuit held that an order of a District Court in the circuit transferring a case to the District Court of another circuit was within the reach of the Court of Appeals' power under the All Writs Act because 'the effect of the order is that the district judge has declined to proceed with the determination of a case which could eventually come to this court by appeal from a 'final decision'.'8 218 F.2d at page 181. In contrast, a District Court order denying a transfer would not come under the umbrella of power under the All Writs Act, since retention of the cause by the District Court can hardly thwart or tend to defeat the power of the Court of Appeals to review that order after final decision of the case. The distinction between the grant and denial of transfer was recognized in Carr v. Donohoe, 201 F.2d 426, where the Court of Appeals for the Eighth Circuit denied a petition for writ of mandamus directed to an order of a District Court transferring the cause to another District Court within the same circuit. The Court of Appeals properly noted that the order was merely a nonappealable interlocutory order in nowise impairing its actual or potential jurisdiction to review that and any other action after final decision, observing: 'It seems obvious that the transfer of the * * * action * * * to (another district in the same circuit) cannot in any way impair or defeat the jurisdiction of this Court to review any appealable order or judgment which eventually may be entered in the case.'9 201 F.2d at pages 428 429.
This Court's reliance upon Los Angeles Brush Mfg. Corp. v. James, 272 U.S. 701, 47 S.Ct. 286, 71 L.Ed. 481, and McCullough v. Cosgrave, 309 U.S. 634, 60 S.Ct. 703, 84 L.Ed. 992, is, in my opinion, misplaced. Those cases involved the power, not of the Courts of Appeals, but of this Court, to issue extraordinary writs. In Josephson, Chief Judge Magruder took pains to emphasize the 'caution that decisions of the Supreme Court of the United States, at least prior to 1948, supporting the issuance, by that Court, of a writ of mandamus directed to a lower federal court, may not safely be relied upon by an intermediate court of appeals as authority for the issuance by the latter court of a writ of mandamus directed to a district court within the circuit. The reason is that the Supreme Court might have been exercising a different sort of power from the strictly auxiliary power given to us under the all writs section.' 218 F.2d at page 179. This 'different sort of power' derived from § 13 of the Judiciary Act of 1789, granting the Supreme Court power to issue writs of mandamus 'in cases warranted by the principles and usages of law.10 This provision, unlike the All Writs Act, was not restricted in its use to aiding the jurisdiction of the appellate court, and therefore might be deemed to have granted a broader power to this Court than that conferred on the Courts of Appeals by the latter statute.
Furthermore, Los Angeles Brush Mfg. Corp. was a case where a reference was made, not because a district judge decided that the particular circumstances of the particular case required a reference, but pursuant to an agreement among all the judges of that District Court always to appoint masters to hear patent cases regardless of the circumstances of particular cases. The McCullough situation was much the same. As that case was delimited in Roche, this Court was there confronted by a case of 'the persistent disregard of the Rules of Civil Procedure * * * prescribed by this court.' 319 U.S. at page 31, 63 S.Ct. at page 944.
The key to both Los Angeles Brush Mfg. Corp. and McCullough is found in the language in the former in 272 U.S. 706, 47 S.Ct. 288:
'* * * we think it clear that, where the subject concerns the enforcement of the equity rules which by law it is the duty of this court to formulate and put in force, and in a case in which this court has the ultimate discretion to review the case on its merits, it may use its power of mandamus and deal directly with the District Court in requiring it to conform to them.' (Emphasis added.)
In other words, neither of those cases can be accepted as supporting what the Court of Appeals undertook to do here, both because of the absence in old § 234 of the 'in aid of' jurisdiction limitation now contained in § 1651, and of anything approaching a wholesale disregard of the rules prescribed by this Court, such as was involved there. I subscribe fully to Chief Judge Magruder's conclusion in Josephson:
'Contrary to the view which seems to have been occasionally taken, or at least sub silentio assumed, in other courts of appeals, we do not think that 28 U.S.C. § 1651 (28 U.S.C.A. § 1651) (the All Writs Act) grants us a general roving commission to supervise the administration of justice in the federal district courts within our circuit, and in particular to review by a writ of mandamus any unappealable order which we believe should be immediately reviewable in the interest of justice.' 218 F.2d at page 177.
The view now taken by this Court that the All Writs Act confers an independent appellate power, although not so broad as 'to authorize the indiscriminate use of prerogative writs as a means of reviewing interlocutory orders,' in effect engrafts upon federal appellate procedure a standard of interlocutory review never embraced by the Congress throughout our history, although it is written into the English Judicature Act11 and is followed in varying degrees in some of the States.12 That standard allows interlocutory appeals by leave of the appellate court. It is a compromise between conflicting viewpoints as to the extent that interlocutory appeals should be allowed.13 The federal policy of limited interlocutory review stresses the inconvenience and expense of piecemeal reviews and the strong public interest in favor of a single and complete trial with a single and complete review. The other view, of which the New York practice of allowing interlocutory review as of right from most orders is the extreme example, perceives danger of possible injustice in individual cases from the denial of any appellate review until after judgment at the trial.14
The polestar of federal appellate procedure has always been 'finality,' meaning that appellate review of most interlocutory actions must await final determination of the cause at the trial level. 'Finality as a condition of review is an historic characteristic of federal appellate procedure. It was written into the first Judiciary Act and has been departed from only when observance of it would practically defeat the right to any review at all.' Cobbledick v. United States, 309 U.S. 323, 324—325, 60 S.Ct. 540, 541, 84 L.Ed. 783. The Court's action today shatters that statutory policy. I protest, not only because we invade a domain reserved by the Constitution exclusively to the Congress,15 but as well because the encouragement to interlocutory appeals offered by this decision must necessarily aggravate further the already bad condition of calendar congestion in some of our District Courts and also add to the burden of work of some of our busiest Courts of Appeals. More petitions for interlocutory review, requiring the attention of the Courts of Appeals, add, of course, to the burden of work of those courts. Meanwhile final decision of the cases concerned is delayed while the District Courts mark time awaiting action upon the petitioners. Rarely does determination upon interlocutory review terminate the litigation. Moreover, the District Court calendars become longer with the addition of new cases before older ones are decided. This, then, interposes one more obstacle to the strong effort being made to better justice through improved judicial administration.16
The power of the Court of Appeals to correct any error in Judge La Buy's reference is found exclusively in the power to review final decisions under § 1291. The Court of Appeals erred by assuming a nonexistent power under the All Writs Act to review this interlocutory order in advance of final decision. Insofar as the Court approves this error, I must respectfully dissent.
Rohlfing v. Cat's Paw Rubber Co., D.C.N.D.Ill., 17 F.R.D. 426, and Shaffer v. U.S. Rubber Co., D.C.N.D.Ill., 99 F.Supp. 886.
The figures indicated refer to the number of parties at the time of the petition for mandamus. When the action was originally filed there were 87 plaintiffs and 25 defendants.
The figures indicated refer to the number of parties at the time of the petition for mandamus. When the action was originally filed there were 10 plaintiffs and 20 defendants.
Rule 53(b) provides:
'(b) Reference. A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account, a reference shall be made only upon a showing that some exceptional condition requires it.'
The fact that the master is an active practitioner would make the comment of Chief Justice Vanderbilt with regard to the effect of references appropriate here. In his work, Cases and Materials on Modern Procedure and Judicial Administration (1952) at pages 1240—1241, he states:
'There is one special cause of delay in getting cases on for trial that must be singled out for particular condemnation, the all-too-prevalent habit of sending matters to a reference. There is no more effective may of putting a case to sleep for an indefinite period than to permit it to go to a reference with a busy lawyer as referee. Only a drastic administrative rule, rigidly enforced, strictly limiting the matters in which a reference may be had and requiring weekly reports as to the progress of each reference will put to rout this inveterate enemy of dispatch in the trial of cases.'
'(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.'
'(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.' 28 U.S.C. § 1651(a), 28 U.S.C.A. § 1651(a).
Cf. Bankers Life & Cas. Co. v. Holland, 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106; Ex parte Fahey, 332 U.S. 258, 67 S.Ct. 1558, 91 L.Ed. 2041.
It should be noted that the objection to references stated by Chief Justice Vanderbilt, as quoted in footnote 5 of the majority opinion, is reflected in New Jersey Revised Rules 4:54—1, which provides as follows: 'No reference for the hearing of a matter shall be made to a master, except under extraordinary circumstances, upon approval of the Chief Justice, or for the taking of a deposition, or as to matters heard by a standing master appointed by the Supreme Court.' (Emphasis added.) If the federal rule required a like consent by a chief judge, a reference without such consent would be outside, the jurisdiction of the District Court, and, therefore, subject to correction by writ of mandamus. The vital distinction is that the federal rule as presently framed vests discretion in the District Courts.
319 U.S. at page 30, 63 S.Ct. at page 943. Cf. United States Alkali Export Ass'n v. United States, 325 U.S. 196, 202 203, 65 S.Ct. 1120, 1124—1125, 89 L.Ed. 1554.
'The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States, * * * except where a direct review may be had in the Supreme Court.' 28 U.S.C. § 1291, 28 U.S.C.A. § 1291.
Section 1292, in substance, confers upon the Courts of Appeals jurisdiction of appeals from interlocutory orders of the District Courts relating to injunctions, receivership, and certain admiralty and patent infringement cases.
1 Stat. 81, substantially re-enacted in § 262 of the Judicial Code of 1911, 36 Stat. 1162.
Accord, Wiren v. Laws, 90 U.S.App.D.C. 105, 194 F.2d 873; Gulf Research & Development Co. v. Harrison, 9 Cir., 185 F.2d 457.
In the Josephson case, Chief Judge Magruder said much the same thing:
'If the district judge had held on to the case, i.e., had denied the motion for transfer, such action would have preserved, not frustrated, any potential appellate jurisdiction which we might have had; and we are at a loss to understand how we could properly review on mandamus an order denying a transfer, on the pretense that such a review would be in 'aid' of our appellate jurisdiction.' 218 F.2d at page 181.
1 Stat. 80, 81, substantially re-enacted in § 234 of the Judicial Code of 1911, 36 Stat. 1156.
Judicature Act, 1925, 15 & 16 Geo. 5, c. 49, § 31(1)(i).
E.g. Miss.Code Ann., 1942, § 1148; N.J.Rev.Rules 2:2—3.
See e.g., the discussion by Mr. Justice Jacobs in Appeal of Pennsylvania R. Co., 20 N.J. 398, 120 A.2d 94; Crick, The Final Judgment as a Basis for Appeal, 41 Yale L.J. 539; Note, 50 Col.L.Rev. 1102; Note, 58 Yale L.J. 1186; Report, Special Meeting of Judicial Conference of the United States, p. 7 (March 20—21, 1952); Report, Regular Annual Meeting of Judicial Conference of the United States, p. 27 (1953).
N.Y.Civ.Prac.Act, § 609.
U.S.Const., Art. III, § 1.
The seriousness of the problem of calendar congestion in both federal and state courts prompted the Attorney General of the United States, in May 1956, to call a conference on court congestion and delay. This conference resulted in the appointment of a distinguished committee to formulate a frontal attack upon the problem. Rogers, Towards Eliminating Delayed Justice, and address prepared for delivery before the Mid-Atlantic Regional Meeting of the American Bar Association, October 11, 1956.
The following state regulations pages link to this page.


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VICTORIA -- Dozens of police and Victoria bylaw officers moved into Beacon Hill Park Friday morning to remove unsanctioned showers and a community tent that had been used by the park's homeless population.
In all, five structures were removed – two shower units, a large cistern and two large tents that comprised the community tent, according to city hall.
The showers were constructed and delivered to the park earlier this month by a community group called Showers for the Unhoused.
Homeless advocates in the park Friday said they were disappointed by the removal of the showers and community tent. They said they had been in talks with city officials about potentially moving the structures to a more suitable location.
Victoria Coun. Sarah Potts took to social media during the ordeal Friday, confirming she was in "active conversations" with homeless advocacy groups about the structures, and calling the removal of the showers and tent a "shameful act."
CTV News has reached out to Potts for further comment on the issue.
Victoria and Saanich police officers attended the scene to keep the peace while bylaw officers removed the structures and hauled them away in a truck.
"We understand the desire of individuals to want to assist people sheltering in the park, however we cannot allow structures without permits in parks, especially ones that are using gas generators and that pose fire risks, health and safety risks, and are damaging the environment," said city spokesperson Bill Eisenhauer.
City hall has had "many discussions over the past few weeks with the individuals operating these unauthorized structures," Eisenhauer said. "They have simply declined to work with us to find an alternative solution, leaving us no choice but to remove the structures today."
During the process, police say one woman was arrested for assaulting an officer. She was transported to VicPD cells and has since been released. The investigation into the incident is ongoing.
Eisenhauer said the city was not removing people sheltering in the park at this time. The structures that were removed will be stored until they are claimed by their owners, he added.
The homeless population in Beacon Hill and several other Victoria-area parks has exploded since the early days of the COVID-19 pandemic, when many indoor shelters were forced to close or limit their occupancy numbers.


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