text:
43 S.Ct. 470
67 L.Ed. 839
BOARD OF TRADE OF CITY OF CHICAGO et al.
OLSEN, U. S. Atty., et al.
No. 701.
Argued Feb. 26, 1923.
Decided April 16, 1923.
[Syllabus from pages 1-3 intentionally omitted]
This is an appeal from a decree of the District Court for Northern Illinois, dismissing a bill in equity. The appeal is under section 238 of the Judicial Code (as amended Act January 28, 1915, c. 22, § 2, 38 Stat. 803, 804 [Comp. St. § 1215]), the case being one in which the constitutionality of the Grain Futures Act (enacted by Congress September 21, 1922 (42 Stat. 998, c. 369), is drawn in question.
The bill was brought by the Board of Trade of the city of Chicago, and a number of its members representing each class of traders on the exchange of the Board, to enjoin the United States district attorney at Chicago, the Secretary of Agriculture, and the United States postmaster at Chicago from taking steps to enforce the provisions of the act against them, on the ground that it violates their rights under the federal Constitution.
The purpose of the act is expressed in its title to be for the prevention of obstructions and burdens upon interstate commerce in grain by regulating transactions on grain future exchanges and for other purposes. Its second section, par. (a), is one of definitions. Its definition of interstate commerce, in the sense of the act, is as follows:
'The words 'interstate commerce' shall be construed to mean commerce between any state, territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same state, territory, or possession, or the District of Columbia, but through any place outside thereof, or within any territory or possession, or the District of Columbia.'
Paragraph (b) contains the following addition to the foregoing definition:
'(b) For the purposes of this act (but not in any wise limiting the foregoing definition of interstate commerce) a transaction in respect to any article shall be considered to be in interstate commerce if such article is part of that current of commerce usual in the grain trade whereby grain and grain products and by-products thereof are sent from one state with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another state, or for manufacture within the state and the shipment outside the state of the products resulting from § ch manufacture. Articles normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this act. For the purpose of this paragraph the word 'state' includes territory, the District of Columbia, possession of the United States, and foreign nation.'
Section 3 is in the nature of a recital and finding as follows:
'Sec. 3. Transactions in grain involving the sale thereof for future delivery as commonly conducted on Boards of Trade and known as 'futures' are affected with a national public interest; that such transactions are carried on in large volume by the public generally and by persons engaged in the business of buying and selling grain and the products and by-products thereof in interstate commerce; that the prices involved in such transactions are generally quoted and disseminated throughout the United States and in foreign countries as a basis for determining the prices to the producer and the consumer of grain and the products and by-products thereof and to facilitate the movements thereof in interstate commerce; that such transactions are utilized by shippers, dealers, millers, and others engaged in handling grain and the products and by-products thereof in interstate commerce as a means of hedging themselves against possible loss through fluctuations in price; that the transactions and prices of grain on such boards of trade are susceptible to speculation, manipulation, and control, and sudden or unreasonable fluctuations in the prices thereof frequently occur as a result of such speculation, manipulation, or control, which are detrimental to the producer or the consumer and the persons handling grain and products and by-products thereof in interstate commerce, and that such fluctuations in prices are an obstruction to and a burden upon interstate commerce in grain and the products and by-products thereof and render regulation imperative for the protection of such commerce and the national public interest therein.'
The act in section 4 forbids all persons to use mails or interstate telephone, telegraphic, wireless, or other communication, in offering or accepting sales of grain for future delivery or to disseminate prices or quotations thereof, excepting the man who holds the grain he is offering for sale, and the owner or renter of land on which the grain offered for sale is to be grown, and excepting also members of Boards of Trade located at a terminal market on which cash sales occur in sufficient volume and under such conditions as to reflect the general value of grain and its different grades, and which have been designated by the Secretary of Agriculture as 'contract markets.'
The act puts these boards of trade under supervision of the Secretary of Agriculture and imposes conditions precedent and subsequent on his power to designate or continue them as 'contract markets.'
The conditions are:
(a) The keeping of a record with prescribed details of every transaction of cash and future sales of grain of the Board or its member in permanent form for three years, open to inspection of representatives of the Departments of Agriculture and of Justice.
(b) The prevention of the dissemination by the Board or any member of misleading prices.
(c) The prevention of manipulation of prices or the cornering of grain by the dealers or operators on the Board.
(d) The adoption of a rule permitting the admission as members of authorized representatives of lawfully formed co-operative associations of producers having adequate responsibility engaged in the cash grain business, complying with and agreeing to comply with, the rules of the Board applicable to other members, provided that no rule shall prevent the return to its members on a pro rata patronage basis the money collected by such association in the business, less expenses.
The Secretary of Agriculture, the Secretary of Commerce, and the Attorney General are made a commission to hear and determine after due notice, whether any board of trade has failed or is failing by rule to do the things required above, and, if found in default, to suspend its functions as a contract market for a period not to exceed six months, or to revoke its designation as such, with an appeal on the record to the Circuit Court of Appeals within the circuit where the board is situate. Such commission, too, is to hear appeals from the Secretary's action in refusing to designate any Board of Trade as a contract market.
There is a further provision for excluding from all contract markets and trading privileges any person violating the provisions of the act or the regulations in pursuance thereof.
Section 9 declares any one trading in futures in violation of section 4, or sending intentionally or carelessly false or misleading quotations or information as to the prices of grain, guilty of a misdemeanor.
The bill of the plaintiffs describes the organization of the Chicago, Board of Trade as a corporation under a special act of the Legislature of Illinois, passed in 1859 (Priv. Laws 1859, p. 13), with a membership of 1,600 and a board of 18 directors, of whom one is president. It avers that the Board does no business in selling or buying grain, but only furnishes an exchange and offices where such business can be done by its members; that it does not deliver any market quotation through interstate means, but it does cause to be collected the first price and each change of price on its exchange in cash and future sales during the regular hours in the exchange hall, and delivers them to certain telegraph companies, who pay the Board for this information.
The bill further avers that it is sustained only by the initiation fees and dues of its members, the former being $25,000 for each member, and the latter being in the form of annual assessments; that it has from these sources accumulated funds with which to provide a large building and offices for the exchange, from some of which it receives rental and so has property worth $2,000,000 or more; that its existence depends on keeping its memberships valuable; that it does this by requiring character and financial responsibility as qualifications for its membership and by a requirement that a member shall charge for every sale a fixed minimum commission to a nonmember principal, and a less minimum to a member who shall be his principal; that corporations are not permitted to be members, but that, when two of the stockholders and officers are members, the corporation is permitted as a member to make contracts on the exchange. The bill further avers that, if the Board were required to admit representatives of co-operative associations of producers, with the privilege of dividing with their members the proceeds of commissions, less expenses, it would greatly impair the value of its memberships to other members.
The bill further avers that the members of its exchange engage only in three kinds of trading:
(1) Many act as commission merchants, and receive from producers and country grain dealers grain in cars and boats consigned to them, which as agents they sell for immediate delivery and account to their principals for the proceeds of such sales, less their commissions and other expenses, and many members, as principals or agents, purchase and sell grain in Chicago which is in cars or elevators for immediate delivery, and all of these transactions are known as 'cash sales.'
(2) Many members send out in the afternoons, whenever market conditions are favorable, telegrams or letters to country grain dealers offering to buy grain, or to millers and other nonresidents of Chicago, probable buyers, offering to sell grain at released prices and to be shipped within a certain time, on condition that these offers be accepted before regular market hours the next morning. These are known as 'cash sales for deferred shipment,' or as 'sales to arrive.'
(3) Many of the members engage either as principals or agents in making on the exchange contracts with other members for the purchase and sale of grain for future delivery by which the seller agrees to deliver in Chicago the grain covered by the contract upon any day of the named month that he shall select. More than 75 per cent. of the volume of all trading in the exchange is for future delivery, and under the rules it must be done in the exchange hall and between regular fixed hours; that both buyers and sellers in all such contracts are personally present when the contracts are made.
The bill further avers that all contracts for future delivery are under the rules of the Board fulfilled only by delivery of warehouse receipts for the grain issued by twelve warehouses in Chicago, selected by the Board and having a capacity of 13,000,000 bushels and licensed by the state of Illinois to do a public warehouse business; that the grain is mixed with other grain, so that the receipt holder never gets the grain deposited when the receipt was issued; that, while a rule of the exchange makes grain in railroad cars deliverable in future cars the last three days of the month, the transaction is not fully completed till the grain in those cars is deposited in a regular warehouse and receipt issued; that in the trading for future delivery more than three-quarters of the many millions of bushels contracted to be delivered are settled for without delivery by offsetting purchases; that a large part of the future trading is done by grain merchants, millers, and others only for the purpose of insuring themselves against price fluctuations in respect of like grain owned by them and held for sale, shipment, or manufacture, and is settled by offsetting.
The bill further avers that another large part of future trading is done by speculators, so called, who make a study of market conditions affecting prices, and try to profit by their judgment as to future prices; that few of such speculators have capital enough to make large single purchases in any way affecting the market; that six-sevenths of all the trading in futures in the country take place in Chicago; that no corners have been run on the exchange for 15 years, due to the enforcement of rules against them by the Board and 'perhaps to the Sherman Anti-Trust Act'; that manipulation has never been successfully resorted to, to depress prices; that the selling of futures has no such effect; that the law of supply and demand regulates prices and prevents violent fluctuations; and that before hedging was made possible by this future trading the cost of the middleman between producer and consumer was much greater.
The defendants filed an answer admitting much of the bill, but specifically denying the averments included in the last foregoing paragraph.
The plaintiffs submitted a large number of affidavits in support of a motion for a temporary injunction. These contained opinions of many professors of political economy in the colleges of the country to the effect that trading in futures in the long run did not depress prices, but stabilized them.
The court denied the motion for a temporary injunction and of its own motion dismissed the bill for want of equity.
The conclusions of Congress expressed in the recital of section 3 as to the detriment to interstate commerce from constantly recurring manipulation of sales for future delivery were reached after many years of investigation and examination of witnesses, including the advocates of regulation and those opposed, and men intimately advised in respect to the grain markets of the country.
The Senate Committee on Agriculture and Forestry reported to the Senate as follows:
'Every member of a grain exchange who testified before this committee acknowledged that there is at times excessive speculation and undesirable speculation in the futures market. Furthermore, it was brought out that a few big traders at times influence prices—manipulate the market—by the great volume of their operations. Also it was shown that a continually fluctuating, and not a stable, market is the desire of speculators. Such a market is against the interests of the producer; he must have stable prices in order to market his crop to best advantage. A market without wide and frequent price fluctuations would greatly benefit the producer. The reason for this is that rapidly fluctuating prices can not be fully reflected in the prices paid at country stations, so an additional margin must be allowed for buying in the country.' Sen. Report No. 212, 67th Congress, 1st Sess.
Witnesses testified before the committee that a calculation based on commissions showed the total bushels of grain sold for future delivery on the Chicago Board of Trade in a year reach nearly 20,000,000,000 and that the amount of grain actually delivered under such contracts is not 1 per cent. of this. Objectors to furture trading insisted at first that future trading put in the hands of desperate speculators an easy opportunity to corner the market and to promote great and rapid fluctuations in value, and was wholly vicious and should be forbidden. Further investigation and consideration have satisfied many that the law of supply and demand operated on futures as on cash sales and that futures are very useful in certain respects, notably in offering a means by which, through 'hedging,' owners of grain can, to some extent, protect themselves against the danger of losses by fluctuation.
The government did not, in this hearing and argument, maintain that by manipulation the operators can permanently depress the prices of grain, but insisted and cited the actual quotations from time to time, some as late as the summer of 1922, showing violent fluctuations through 'deals' of large operators engaged in manipulating the futures market at intervals since 1900, before which corners were ever recurring but since which they have been infrequent. Much evidence was adduced before congressional committees that the sales of futures on the Chicago Board dominated the prices of wheat in this country and the world. The injurious effect of these recurring fluctuations in such futures upon the consignment of grain by owners and producers was asserted by witnesses. Mr. Herbert Hoover, whose experience as Food Administrator gave his opinion weight, said to the House Committee on Agriculture (Future Trading Hearings—66th Congress, 3d Session, pp. 909, 910):
'The second form of manipulation, and the one that I feel does at times take place, is the making of a drive on the price by either the sale or the purchase of such quantities as will affect the price by the volume of material coming to the market at that particular time. I would regard those transactions as an attempt to dislocate the normal flow of the law of supply and demand, and any attempt of any individual to dislocate a free market must be against public interest. I feel it is also against the interest of the individual producer, because a drive on the market that depresses the price must find a considerable number of farmers who, through the fall in price and their outside obligations, are compelled to liquidate, and they have been done an injury. Incidentally the commodity has been brought into the market, and an acceleration to depression has been created.'
Mr. Julius H. Barnes, the head of the United States Grain Corporation during the war, and of widest experience in the grain markets of the world, at the same hearing, after explaining that future dealing stabilizes prices and helps legitimate hedging, and that a drive on prices worked its own cure in the long run, as did the distinguished economists whose affidavits were exhibited in this case, said (pages 839, 840):
'But it is also true that, even though such a price depression must be temporary in character it may, during its period of effectiveness, do substantial injustice by forcing the liquidation of grain held on margins, or by the price tendency thus displayed, frightening owners otherwise confident of the ultimate value of their goods.'
The Federal Trade Commission in its report on wheat prices to the President, December 13, 1920, said (page 8): 'Price of wheat futures, the decline of which has been especially the subject of criticism, are susceptible of manipulation. Wide fluctuations in prices and large discounts of the future price below the cost price have prevailed. This has made it unsatisfactory for 'hedging,' and hedging sales may also appear to be manipulation, because, if they are large, they may cause sharp depressions. Wheat futures are not functioning well, even according to the standards of their advocates.'
Mr. Julius H. Barnes, in his evidence before the Federal Trade Commission, in October, 1922, describes the effect upon interstate commerce of a 'deal' in May, 1922, wheat on the Chicago Board of Trade, when the price of futures rose rapidly. Large operators collected cash wheat all over the country and headed it for Chicago for delivery at the attractive prices. This took wheat away from all the other wheat centers of the country, where it normally would have remained for consumption, and accumulated it in almost unsalable quantity in Chicago, greatly disturbing the normal and useful flow of wheat in its ordinary and proper distribution and precipitating a crash in prices.1
It was charged before the congressional committees that the limitation of deliveries under contracts for futures to warehouse receipts of 12 regular warehouses aggregating but 13,000,000 bushels capacity, with the privilege of a tender of grain in cars on the last three days of the delivery month and a power in the board of directors to enlarge the privilege in case of an emergency, casts another element of speculative doubt into the prices of futures and puts too much control in the board of directors. In view of the fact that the total capacity of Chicago for storing grain in public and private warehouses is 45,000,000, it is urged that this rule of the futures market is sinister and dangerous in affecting the prices of a market that are worldwide in their influence by such a narrow limitation of deliveries subject to arbitrary and uncertain change at the discretion of the Board, and that it is a factor in frightening shippers and lawful hedgers in making opportunity for speculative manipulation and burdening the flow of grain in normal interstate channels.2
Mr. Henry S. Robbins, of Chicago, Ill., for appellant.
[Argument of Counsel from pages 16-31 intentionally omitted]
Mr. Solicitor General Beck, of Washington, D. C., for appellees.
Mr. Chief Justice TAFT, after stating the case as above, delivered the opinion of the Court.
Appellants contend that the decision of this court in Hill v. Wallace, 259 U. S. 44, 42 Sup. Ct. 453, 66 L. Ed. 822, is conclusive against the constitutionality of the Grain Futures Act. Indeed in their bill they pleaded the judgment in that case as res adjudicata in this, as to its invalidity. The act whose constitutionality was in question in Hill v. Wallace was the Future Trading Act (chapter 86, 42 Stat. 187). It was an effort by Congress, through taxing at a prohibitive rate sales of grain for future delivery, to regulate such sales on boards of trade by exempting them from the tax if they would comply with the congressional regulations. It was held that sales for future delivery where the parties were present in Chicago, to be settled by offsetting purchases or by delivery, to take place there, were not interstate commerce and that Congress could not use its taxing power in this indirect way to regulate business not within federal control. We said (259 U. S. 68, 42 Sup. Ct. 458, 66 L. Ed. 822):
'Looked at in this aspect and without any limitation of the application of the tax to interstate commerce, or to that which the Congress may deem from evidence before it to be an obstruction to interstate commerce, we do not find it possible to sustain the validity of the regulations as they are set forth in this act. A reading of the act makes it quite clear that Congress sought to use the taxing power to give validity to the act. It did not have the exercise of its power under the commerce clause in ind and so did not introduce into the act the limitations which certainly would accompany and mark an exercise of the power under the latter clause.'
Again, on page 69 of 259 U. S., on page 458 of 42 Sup. Ct. (66 L. Ed. 822), we said:
'It follows that sales for future delivery on the Board of Trade are not in and of themselves interstate commerce. They can not come within the regulatory power of Congress as such, unless they are regarded by Congress, from the evidence before it, as directly interfering with interstate commerce so as to be an obstruction or a burden thereon.'
The Grain Futures Act which is now before us differs from the Future Trading Act in having the very features the absence of which we held in the somewhat carefully framed language of the foregoing prevented our sustaining the Future Trading Act. As we have seen in the statement of the case, the act only purports to regulate interstate commerce and sales of grain for future delivery on boards of trade because it finds that by manipulation they have become a constantly recurring burden and obstruction to that commerce. Instead, therefore, of being an authority against the validity of the Grain Futures Act, it is an authority in its favor.
The Chicago Board of Trade is the greatest grain market in the world. Chicago Board of Trade v. United States, 246 U. S. 231, 235, 38 Sup. Ct. 242, 62 L. Ed. 683. Its report for 1922 shows that on that market in that year were made cash sales for some 350,000,000 bushels of grain, most of which was shipped from states west and north of Illinois into Chicago, and was either stored temporarily in Chicago or was retained in cars and after sale was shipped in large part to Eastern states and foreign countries. This great annual flow is made up of the cash grain sold on the exchange, the cash sales to arrive (Chicago Board of Trade v. United States, 246 U. S. 231, 38 Sup. Ct. 242, 62 L. Ed. 683), and the comparatively small percentage of grain contracted to be sold in the futures market not settled by offsetting. Chicago Board of Trade v. Christie Grain Co., 198 U. S. 236, 248, 25 Sup. Ct. 637, 49 L. Ed. 1031. The railroads of the country accommodate themselves to the interstate function of the Chicago market by giving shippers from Western states bills of lading through Chicago to points in Eastern states with the right to remove the grain at Chicago for temporary purposes of storing, inspecting, weighing, grading, or mixing, and changing the ownership, consignee or destination and then to continue the shipment under the same contract and at a through rate. Bacon v. Illinois, 227 U. S. 504, 33 Sup. Ct. 299, 57 L. Ed. 615. Such a contract does not prevent the local taxing of the grain while in Chicago; but it does not take it out of interstate commerce in such a way as to deprive Congress of the power to regulate it, as is plainly intimated in the authority cited (227 U. S. 516, 33 Sup. Ct. 299, 57 L. Ed. 615) and expressly recognized in Stafford v. Wallace, 258 U. S. 495, 525, 526, 42 Sup. Ct. 397, 66 L. Ed. 735. The fact that the grain shipped from the West and taken from cars may have been stored in warehouses and mixed with other grain, so that the owner receives other grain when presenting his receipt for continuing the shipment, does not take away from the interstate character of the through shipment any more than a mixture of the oil or gas in the pipe lines of the oil and gas companies in West Virginia, with the right in the owners to withdraw their shares before crossing state lines, prevented the great bulk of the oil and gas which did thereafter cross state lines from being a stream or current of interstate commerce. Eureka Pipe Line v. Hallanan, 257 U. S. 265, 272, 42 Sup. Ct. 101, 66 L. Ed. 227; United Fuel Gas Co. v. Hallanan, 257 U. S. 277, 281, 42 Sup. Ct. 105, 66 L. Ed. 234.
It is impossible to distinguish the case at bar, so far as it concerns the cash grain, the sales to arrive, and the grain actually delivered in fulfi lment of future contracts, from the current of stock shipments declared to be interstate commerce in Stafford v. Wallace, 258 U. S. 495, 42 Sup. Ct. 397, 66 L. Ed. 735. That case presented the question whether sales and purchases of cattle made in Chicago at the stockyards by commission men and dealers and traders under the rules of the stockyards corporation could be brought by Congress under the supervision of the Secretary of Agriculture to prevent abuses of the commission men and dealers in exorbitant charges and other ways, and in their relations with packers prone to monopolize trade and depress and increase prices thereby. It was held that this could be done, even though the sales and purchases by commission men and by dealers were in and of themselves intrastate commerce, the parties to sales and purchases and the cattle all being at the time within the city of Chicago.
We said (258 U. S. 515, 42 Sup. Ct. 402, 66 L. Ed. 735):
'The stockyards are not a place of rest or final destination. Thousands of head of live stock arrive daily by carload and trainload lots, and must be promptly sold and disposed of and moved out to give place to the constantly flowing traffic that presses behind. The stockyards are but a throat through which the current flows and the transactions which occur therein are only incident to this current from the West to the East, and from one state to another. Such transactions cannot be separated from the movement to which they contribute and necessarily take on its character. The commission men are essential in making the sales without which the flow of the current would be obstructed, and this, whether they are made to packers or dealers. The dealers are essential to the sales of the stock farmers and feeders. The sales are not in this aspect merely local transactions. They create a local change of title, it is true, but they do not stop the flow; they merely change the private interests in the subject of the current, not interfering with, but, on the contrary, being indispensable to, its continuity. The origin of the live stock is in the West, its ultimate destination known to, and intended by, all engaged in the business is in the Middle West and East, either as meat products or stock for feeding and fattening. This is the definite and well-understood course of business. The stockyards and the sales are necessary factors in the middle of this current of commerce.'
This case was but the necessary consequence of the conclusions reached in the case of Swift & Co. v. United States, 196 U. S. 375, 25 Sup. Ct. 276, 49 L. Ed. 518. That case was a milestone in the interpretation of the commerce clause of the Constitution. It recognized the great changes and development in the business of this vast country and drew again the dividing line between interstate and intrastate commerce where the Constitution intended it to be. It refused to permit local incidents of great interstate movement, which taken alone were intrastate, to characterize the movement as such. The Swift Case merely fitted the commerce clause to the real and practical essence of modern business growth. It applies to the case before us just as it did in Stafford v. Wallace.
The distinction that the exchange of the Chicago Board of Trade building is not within the same inclosure as the railroad yards and warehouses in which the grain is received and stored on its way from the West to the East as it is being sold on the exchange, while the stockyards exchange and the actual receipt and shipment of cattle are within the same fense, surely can make no difference in the application of the principle. The sales on the Chicago Board of Trade are just as indispensable to the continuity of the flow of wheat from the West to the mills and distributing points of the East and Europe, as are the Chicago sales of cattle to the flow of stock toward the feeding places and slaughter and packing houses of the East.
The question under this act is somewhat different in form and detail from that in the Stafford Case, but the result must be the same. It is not the sales and deliveries of the actual grain which are the chief subject of the supervision of federal agency by Congress in the Grain Futures Act, although a record of cash sales is required, and a corner in cash sales would be a violation of it, and there are other provisions equally regulatory of them. It is the contracts of sales of grain for future delivery, most of which do not result in actual delivery but are settled by offsetting them with other contracts of the same kind, or by what is called 'ringing.' Board of Trade v. Christie Co., 198 U. S. 236, 246-247, 25 Sup. Ct. 637, 49 L. Ed. 1031. The question is whether the conduct of such sales is subject to constantly recurring abuses which are a burden and obstruction to interstate commerce in grain? And further, are they such an incident of that commerce and so intermingled with it that the burden and obstruction caused therein by them can be said to be direct?
In United States v. Ferger, 250 U. S. 199, 39 Sup. Ct. 445, 63 L. Ed. 936, the question was of the validity of a statute of Congress punishing the forging of bills of lading used in interstate commerce, and altering them. The lower court had dismissed an indictment charging the offense denounced in the statute, on the ground that Congress could only deal with real bills of lading where there was an actual shipment in interstate commerce, and had no power to punish a fraud and fiction where there was no such commerce, and where the bills of lading whose fabrication was the subject of complaint were mere pieces of papers fraudulently inscribed, and did not relate to any actual interstate commerce. This court, speaking through Chief Justice White, rejected the view of the lower court, on the ground that interstate commerce would be directly impaired and weakened by the unrestrained right to fabricate and circulate spurious bills of lading apparently connected with such commerce. The court, in Stafford v. Wallace, supra, adopted and applied this principle and said (258 U. S. 521, 42 Sup. Ct. 403, 66 L. Ed. 735):
'Whatever amounts to more or less constant practice, and threatens to obstruct or unduly to burden the freedom of interstate commerce is within the regulatory power of Congress under the commerce clause, and it is primarily for Congress to consider and decide the fact of the danger and to meet it. This court will certainly not substitute its judgment for that of Congress in such a matter unless the relation of the subject to interstate commerce and its effect upon it are clearly nonexistent.'
In the act we are considering, Congress has expressly declared that transactions and prices of grain in dealing in futures are susceptible to speculation, manipulation, and control which are detrimental to the producer and consumer and persons handling grain in interstate commerce and render regulation imperative for the protection of such commerce and the national public interest therein.
It is clear from the citations, in the statement of the case, of evidence before committees of investigation as to manipulations of the futures market and their effect, that we would be unwarranted in rejecting the finding of Congress as unreasonable, and that in our inquiry as to the validity of this legislation we must accept the view that such manipulation does work to the detriment of producers, consumers, shippers and legitimate dealers in interstate commerce in grain and that it is a real abuse.
But it is contended that it is too remote in its effect on interstate commerce, and that it is not like the direct additions to the cost to the producer of marketing cattle by exorbitant charges and discrimination of commission men and dealers, as in Stafford v. Wallace. It is said there is no relation between prices on the futures market and in the cash sales. This is hardly consistent with the affidavits the plaintiffs present from the leading economists, already referred to, who say that dealing in futures stabilizes cash prices. It is true that the curves of prices in the futures and in the cash sales are not parallel and that sometimes one is higher and sometimes the other. This is to be expected because futures prices are dependent normally on judgment of the parties as to the future, and the cash prices depend on present conditions, but it is very reasonable to suppose that the one influences the other as the time of actual delivery of the futures approaches, when the prospect of heavy actual transactions at a certain fixed price must have a direct effect upon the cash prices in unfettered sales. The effect of such a 'deal' as that of May, 1922, as explained by Mr. J. H. Barnes, shows this clearly and illustrates in a striking way the direct effect of such manipulation in disturbing the actual normal flow of grain in interstate commerce most injuriously. Mr. Barnes also points out the effect of the operation of the rule limiting deliveries to warehouse receipts from warehouses selected by the directors of the Board, whose unregulated power to suspend or modify the rule pending settlement adds to the speculative character of the market and frightens consignors.
More than this, prices of grain futures are those upon which an owner and intending seller of cash grain is influenced to sell or not to sell as they offer a good opportunity to him to hedge comfortably against future fluctuations. Manipulations of grain futures for speculative profit, though not carried to the extent of a corner or complete monopoly, exert a vicious influence and produce abnormal and disturbing temporary fluctuations of prices that are not responsive to actual supply and demand and discourage, not only this justifiable hedging, but disturb the normal flow of actual consignments. A futures market lends itself to such manipulation much more readily than a cash market.
In the case of United States v. Patten, 226 U. S. 525, 33 Sup. Ct. 141, 57 L. Ed. 333, 44 L. R. A. (N. S.) 325, an indictment charged a conspiracy to run a corner by making purchases of quantities of cotton for future delivery, by means of which the conspirators were to secure control of the available supply of cotton in the country and enhance the price of cotton at will. It was contended that, even if the necessary result of this was an obstruction of interstate trade, it was so indirect as not to constitute a restraint of it within the federal Anti-Trust Law under which the indictment was drawn. This court held otherwise and sustained the indictment.
Corners in grain through trading in futures have not been so frequent as they were before 1900, due, as the plaintiffs aver, to the stricter rules of the Board of Trade as to futures and to the Sherman Anti-Trust Act (Comp. St. §§ 8820-8823, 8827-8830), though they do seem to have since occurred infrequently. The fact that a corner in grain is brought about by trading in futures shows the direct relation between cash prices and actual commerce on the one hand, and dealing in futures on the other, because a corner is not a monopoly of contracts only, it is a monopoly of the actual supply of grain in commerce. It was this direct relation that led to the decision in the Patten Case. If a corner and the enhancement of prices produced by buying futures directly burden interstate commerce in the article whose price is enhanced, it would seem to follow that manipulations of futures which unduly depress prices of grain in interstate commerce and directly influence consignment in that commerce are equally direct. The question of price dominates trade between the states. Sales of an article which affect the country-wide price of the article directly affect the country-wide commerce in it. By reason and authority, therefore, in determining the validity of this act, we are prevented from questioning the conclusion of Congress that manipulation of the market for futures on the Chicago Board of Trade may, and from time to time does, directly burden a d obstruct commerce between the states in grain, and that it recurs and is a constantly possible danger. For this reason, Congress has the power to provide the appropriate means adopted in this act by which this abuse may be restrained and avoided.
The next provision of the act which is attacked as invalid is that which forbids a board, designated as a contract market, from excluding from membership in, and all privileges on, its exchanges any duly authorized representative of a lawfully formed and conducted association of producers having adequate financial responsibility, engaged in the cash grain business, and complying or agreeing to comply with the terms and conditions lawfully imposed on the other members, and which bars any rule forbidding the return by such association of the commissions of its representative, less expenses, to the bona fide members of the co-operative association in proportion to their consignments of grain to the exchange. It is said that this will impair the value of memberships in the Board and will take the property of the members without due process of law.
The Board of Trade conducts a business which is affected with a public interest and is, therefore, subject to reasonable regulation in the public interest. The Supreme Court of Illinois has so decided in respect to its publication of market quotations. New York & Chicago Grain Exchange v. Chicago Board of Trade, 127 Ill. 153, 19 N. E. 855, 2 L. R. A. 411, 11 Am. St. Rep. 107. In view of the actual interstate dealings in cash sales of grain on the exchange, and the effect of the conduct of the sales of futures upon interstate commerce, we find no difficulty under Munn v. Illinois, 94 U. S. 113, 133, 24 L. Ed. 77, and Stafford v. Wallace, supra, in concluding that the Chicago Board of Trade is engaged in a business affected with a public national interest and is subject to national regulation as such. Congress may therefore reasonably limit the rules governing its conduct with a view to preventing abuses and securing freedom from undue discrimination in its operations. The incidental effect which such reasonable rules may have, if any, in lowering the value of memberships does not constitute a taking, but is only a reasonable regulation in the exercise of the police power of the national government. Congress evidently deems it helpful in the preservation of the vital function which such a board of trade exercises in interstate commerce in grain that producers and shippers should be given an opportunity to take part in the transactions in this world market through a chosen representative. Nor do we see why the requirement that the relation between them and this representative, lookikng to economy of participation on their part by a return of patronage dividends, should not be permissible because facilitating closer participation by the great body of producers in transactions of the Board which are of vital importance to them. It would seem to make for more careful supervision of those transactions in the national public interest in the free flow of interstate commerce. Under the present rules of the Board, corporations are permitted to enjoy the benefit of membership by reason of the membership of two of their executive officers who are bona fide stockholders, and all their stockholders are thus given a chance to enjoy the commissions earned and the benefits to the corporation of other membership privileges to the extent of their stock ownership. The provisions of the act objected to are to be sustained on the principles laid down in House v. Mayes, 219 U. S. 270, 31 Sup. Ct. 234, 55 L. Ed. 213. Broadnax v. Missouri, 219 U. S. 285, 31 Sup. Ct. 238, 55 L. Ed. 219, and Grisim v. South St. Paul Live Stock Exchange, 152 Minn. 271, 188 N. W. 729. We think the objection to this feature of the act untenable.
We do not find it necessary to our decree in this case to consider the constitutional objections made in the bill to that part of the fourth section which forbids he use of the mails and interstate facilities of communication to offer or accept sales for future deliveries or to send quotations of prices thereof except through members of a board of trade, because the plaintiffs are not affected thereby. Section 10 of the act reads as follows:
'If any provision of this act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the act and of the application of such provision to other persons and circumstances shall not be affected thereby.'
The unconstitutionality of these provisions, if they be unconstitutional, would, therefore, not invalidate the rest of the act.
Section 9 declares it to be a misdemeanor for a member of a designated board of trade to fail to evidence any contract mentioned in section 4 by a record in writing as therein required. This is only a legitimate means of enforcing the statutory regulations of the Board of Trade which we have found to be within the power of Congress.
As to the power of Congress to provide in section 9 for the punishment of any one who shall knowingly or carelessly deliver through the mail or interstate means of communication false or misleading crop or market reports, it will be time enough for us to consider its existence when some one is charged with the offense and is brought to trial therefor. The plaintiffs present no such case.
Paragraph (b) of section 6 which gives to the Commission the power on complaint after investigation by the Secretary of Agriculture, and after a hearing, to exclude from all contract markets any person violating any of the provisions of the act or attempting to manipulate the market price of any grain in violation of the provisions of section 5 of the act or of any of the rules or regulations made in pursuance to its requirements, is attacked as invalid because a jury trial is not afforded. The plaintiffs do not aver that they are committing acts which will subject them to such exclusion, or that charges have been made and proceedings have been begun or are about to be begun against them by the Secretary of Agriculture. Until they are thus in danger of suffering prejudice from the operation of the paragraph, they cannot invoke our decision as to its validity.
For the reasons given the decree of the District Court is
Mr. Justice McREYNOLDS and Mr. Justice SUTHERLAND dissent.
In response to Senate Resolution 133 the Federal Trade Commission prepared to make a report by conducting in October, 1922, an inquiry into the market manipulation of grain. Mr. Julius H. Barnes was a witness, and in the course of his examination said (pages 74-76):
'Now, in May, 1922, we had the same spectacular gyrations in prices, starting earlier in the month and falling into a complete collapse in price. Why?
'Commissioner Murdock: In the middle of the month this time?
'Mr. Barnes: Yes, starting early in the month, rising to a peak and then falling to an early collapse. Without knowing the facts, because these things are detected by commission merchants, it seems quite clear that there were two or three large lines of wheat bought in Chicago for delivery in May, 1922; that at least one of those, on popular report, was a man who could easily pay for 5,000,000 bushels of wheat; that he intended to take the wheat as a merchant; that he was going to pay cash for it and not squeeze somebody to make a settlement. He expected to get delivery of that, did not buy it in anticipation that it could not be delivered, and therefore he could force a settlement, and he was going to act as a merchant on the belief that wheat was worth more in the world's markets than the prices then ruling in Chicago; but on top of that there developed that two or three other men, who were evidently clear speculators, not acting with that conception, had also lines of wheat, and the aggregate of those made a shortage in Chicago exceeding the stock of wheat in Chicago or naturally tributary thereto.
'The result of that was that as this sit ation developed, the buyer, miller or exporter began to get afraid about the Chicago market, that he might have to buy his hedges in higher, and began to buy in those hedges and the market advanced under that kind of apprehensive buying, the buying of legitimate merchants who were frightened to leave their hedges in that month any longer. That helped make the peak, plus perhaps some buying by interested people who wanted to see the price marked up, and those large cash interests in Chicago began to collect all over the country wheat and head it to Chicago
for delivery at these attractive prices, which by this time had reached a relation in respect to all of the markets which attracted wheat from every direction to Chicago.
'The result of that was that by the end of the month there was accumulated in Chicago a stock of 10,000,000 or 12,000,000 bushels of wheat, which was beyond the normal absorbing capacity of the consumption trade that rests on Chicago, and that wheat had been lifted by the incentive of these apprehensively made prices from centers where it should have remained for the consumption which normally overtakes it from those centers—Omaha, Kansas City, Minneapolis, all these other points. So that the country stocks which should normally supply mills west of Chicago or south of Chicago were lifted out of their natural place and directed to Chicago by these apprehensively made prices, and there was collected in Chicago an almost un salable quantity of wheat which could only press in one direction, could not go back.
'Commissioner Murdock: So that we had a price collapse by that?'
See, also, letter of J. H. Barnes to Chicago Board of Trade, p. 69, Grain Future Hearings before Committee on Agriculture and Forestry, U. S. Senate, 67th Congress, 2d Session, on H. R. 11843, containing the following:
'Present conditions lay an economic burden on distribution cost by drawing wheat to Chicago out of its accustomed channels and from points of supply needed shortly for actual consumption elsewhere. These evil effects are solely from apprehension of a forced settlement at artificial prices on hedges properly used as insurance against price level fluctuations.'
Evidence of Julius H. Barnes before Federal Trade Commission in October, 1922 (page 77), on inquiry in response to Senate Res. No. 133:
'Mr. Barnes: In the demonstration for several years that the chief abuses of the trade were deliberate manipulation and congestion, the deliberate forcing of settlement by artificial prices, the trade step by step tried to make it more difficult for any one to obtain that control of the market. They made No. 1, 2, 3 wheat, and on all varieties deliverable. That was not sufficient, as demonstrated in Chicago two years ago to the market committee of 1917. I suggested to them that the trade ought to seriously consider a widening of the contract basis once more, so as to make wheat at Omaha and Kansas City and Minneapolis, at points of accumulation on the normal flow. So that there was not any substantial injustice done a buyer; deliverable at a freight cost difference and a small penalty, so that it would not be abused, and I stand to-day for that as being the one real constructive thing left for the Chicago market to-day, if Chicago is to be the liquid grain future trading market of America, as it should be, if there is a natural advantage in concentrating all the trading of the country in one market, so that you can send an order through and get 100,000 or 500,000 bushels in a minute, to answer a cable from abroad or a milling order, because the volume of trade there is liquid all the time, and I believe that is in the public interest.
'If it is to do that, then Chicago ought to widen this wedge against these shippers, and it can be done by taking into contract delivery the wheats in these other markets. The effect last May would have been that that wheat would have been delivered, but the wheat itself would have physically been in Omaha and Kansas City and available for milling in June and July, when it was n eded, and it would not have been in Chicago to press direct on East and the world's market and cause a further decline in price.
'Mr. Watkins: Mr. Barnes, what you would include for delivery at Chicago markets you would include for delivery at seaboard markets, would you not?
'Mr. Barnes: No. I would not, because as I say, on the natural flow, a buyer in Chicago for actual delivery of wheat must in the normal process of trade move that what east. His consumption both for export and milling is east of Chicago. Therefore, for him to take delivery west of Chicago at a freight difference and a small penalty is no substantial injustice; but to force him to take wheat at the seaboard at the transportation cost when maybe he is buying in Chicago to supply a mill in Omaha, might be a very substantial injustice.'


text:
Cold Stone Creamery launched a new catering program at select locations nationwide.
The new catering offerings include five unique, miniature novelties: Cake Bites, Cake Pops, Mini Cones, Canapés, and Cone-olis.
Whether it's a birthday, wedding, retirement party, or just another Thursday, the new miniature desserts are sure to impress guests.
"Even prior to the first bite, the presentation alone brings a smile to people of all ages," says Ray Karam, Cold Stone Creamery's senior tastemaster. "The miniature novelties are not only cute; they're a fun, easy way to incorporate and share the ultimate ice cream experience with family and friends."
Cold Stone's new miniature novelties include:
- Cake Bites: Bite-sized layers of moist cake and creamy ice cream wrapped in rich fudge ganache
- Cake Pops: Moist cake and frosting on a stick dipped in rich chocolate
- Mini Cones: Ice cream in a chocolate-dipped mini-waffle cone, garnished with either almonds, sprinkles, or OREO cookie crumbles
- Canapés: OREO cookie topped with ice cream dipped in rich fudge ganache or fluffy white frosting
- Cone-olis: Cheesecake ice cream wrapped in a waffle cone with a garnish of chocolate chips and fluffy white frosting
Party platters are available in quantities of 25, 50, or any other quantity by custom order.
Choose from a variety of flavors, includingCold Stone Creamery's ultra-premium ice cream or frozen yogurt.
Catering is available at select Cold Stone Creamery locations nationwide.

subset: commoncrawl


text:
Tie Dye Dress Size Large Short Sleeve tiered Sunset
Tie Dye Dress Size Large Short Sleeve tiered Sunset
Short Sleeve Tiered Dress Black and Sunset Reverse Tie Dye
Size L 12-14
100% Cotton
Flat Lay Measurements:
Bust: 20.5"
Waist: 24"
Shoulder to Hem: 40"
Time & Tru Brand,
This is a new dress that I have processed to remove color and then overdye with a Sunset Palette, with purples,reds and oranges.
It has 3 tiers attached to the top, short sleeves, and a rounded neckline.
Shipping & Returns
Shipping & Returns
Free Shipping within the US
Packages less than 1 lb will ship USPS First Class. Packages over 1 lb may ship USPS Priority Mail or UPS Ground.
Extra Fees: Inquire about upgraded faster shipping cost quote BEFORE completing your order.
For international shipping, please request a quote and time estimate.
Items that are in stock will be shipped out within 3 business days.
Custom orders timelines will be agreed upon by both parties at time of invoice.
Most packages ship in reusable Polymailers. re-used, or reusable cardboard boxes.
If your package does not turn up within the expected time frame, please contact me and I will do my best to rectify the situation!
I gladly accept returns.
Conditions of return:
- Contact me within: 14 days of delivery
- Ship items back within: 30 days of delivery
- Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
- Returns will be refunded via original payment, minus a restocking fee that will include initial shipping charges and payment processing fees.
I don't accept exchanges or cancellations
But please contact me if you have any problems with your order.
The following items can't be returned or exchanged
- Custom or personalized orders
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Return Policy updated April 23, 2022
See product description for flat lay measurements and label information.
Care Instructions
Care Instructions
Taking special care of your tie dyed, upcycled, and vintage fabrics will help your items look their best and last longer. Best practices include:
- -Wash in Cold Water
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- -Handwash or Delicate/Gentle Cycle with like colors
-Hang Dry
You may also follow the recommendations on the tag, if available.


text:
January 7, 2013
Talca, Chile
There are few original thinkers in professional finance. It's much easier for an individual to step back and say, "Holy Meltdown, Batman, this system is deeply, woefully, fundamentally flawed…"
I can see it, you can see it. But somehow, as soon as they put someone in charge of managing hundreds of millions of dollars, professional money managers lose their instincts to see the obvious.
The groupthink in the world of finance is some of the worst on the planet. It's incredible how such an educated, experienced group can willfully ignore reality, stick their heads in the sand, and repeat the same mantras over and over again until they become axiomatic.
Home prices never fall. The economy is recovering. Governments in the developed world won't default. Conjuring money out of thin air, infinitely, has no consequences. Etc.
The desire to be accepted by one's peers is part of human nature. And when it's one's peers who are rigging the financial system, the pressure to adopt industrial groupthink is enormous.
So like I said, there are few original thinkers. And one of the few is my friend Tim Price in London for whose wit, intellect, and professional acumen I have the deepest respect.
Tim recently sent along a letter which I'd like to excerpt below because he highlights a critical lesson: despite the steady aural drubbing from financial media that we should all go buy stocks with wanton abandon, this is one of the most difficult times in recent history to invest. And investors may need to realign their goals from capital appreciation to capital preservation.
From Tim Price:
The dawning of a new year is invariably a time for forecasts. One of our New Year's resolutions for 2013 is not to join the crowd in issuing them. Another is not to waste any time in reading them.
Having spent the past decade honing an investment approach designed to be proof against the very worst that an imperfect world of politicians and bankers can throw at it, it would be a capitulation to suddenly subcontract asset allocation to someone's subjective assessment of the world.
And yet, we still devour investment commentary as if there were some unfound nugget of wisdom and insight that, once located, would finally reveal all the investment answers…
One British personal finance journalist confessed last week that he had sold all the bonds in his company pension to buy shares instead. His arguments are all rational:
– He expects bond prices to fall when interest rates rise, (nearly a mathematical certainty);
– Interest rates have sunk to derisory levels and can barely go lower;
– Most bonds are by no means as riskless as conventional thinking dictates;
– Most bonds are by any sensible analysis ridiculously overvalued.
But we have some reservations about the binary decision to ditch bonds and put the proceeds into the stock market, as if these are the only two asset choices in town. And while his decision may lead to a very comfortable retirement, we will now deploy two words that most professionals will never use: nobody knows.
The reason for our caution lies with a healthy respect for the volatility of the listed stock markets, especially at a time when the prices of all financial assets are being fundamentally distorted through the mechanism of money printing by the world's major central banks.
Western government bond markets may blow up this year, or they may yet see their yields creep even lower, courtesy of a sudden wave of risk aversion, fears of deflation, state coercion and financial repression, or some other strange cocktail of the surprising.
The future, of course, is not known to us, or to anybody else. But there is a possibility (a possibility too heavy for us to entirely ignore) that equity markets will disappoint, perhaps at a profound level, those investors for whom they have become a panacea out of desperation at any obvious alternative.
To put it more plainly, ditching bonds to buy stocks may be jumping from the frying pan into another frying pan. To put it more plainly still, stock markets are only cheap by reference to grotesquely expensive government bonds, and the risk of significant price falls is ever present, especially at what is likely the tail-end of a multi-decade expansion in credit.
A falling tide might sink more than one type of boat.
As a result, the only true conviction we have is in capital preservation. For us, this includes a four-fold, multi-asset approach in cash (including exposure to non-western currencies), defensive equities, gold, and judicious exposure to one type of actively managed fund.
Kyle Bass, a fund manager for whom we have extreme respect, quotes Dick Mayo, founding partner of fund management group GMO, who recently said that it was the most difficult time to invest in his lifetime. We concur.
That markets remain weirdly ebullient doesn't discredit our thesis. The reality is that we're shepherding the irreplaceable assets of our clients. And if we weren't pursuing a mandate of capital preservation in extremis, we would simply be pursuing the wrong mandate.


text:
It seems - and is - a long time ago that Laban was out clubbing five or six nights a week. This song struck me then, as now.
"Street life - but you'd better not get old,
Street life - or you're gonna feel the cold"
"Things fall apart, the centre cannot hold" - W.B. Yeats. "We're doomed !" - Private Frazer. "Like scrolling through a decade's worth of Daily Mail editorials in 20 minutes" - TheLoonyFromCatford
A club promoter threw himself under a train on the London Underground after missing out on a chance to appear on Big Brother, an inquest heard today.
Allister Logue, 55, made it to the final 80 hopefuls in contention for a place on Channel 4's 11th and final series of the reality show but was not picked as one of the 14 housemates.
And just a month after he appeared as on the launch show of Big Brother on June 9, Mr Logue leapt to his death beneath the wheels of an oncoming Northern line train at Charing Cross underground station.
He had worked as a hair and make-up artists alongside renowned photograher David Bailey in the 1970s and later moved to Ibiza where he became well known as a club promoter and DJ.
Balearics: Allister Logue was a renowned club promoter in Ibiza
But he had returned to the UK from the Balearics last year and moved to the Lancashire village of Crawshawbooth, where was described as 'down on his luck'.
An inquest at Westminster Coroner's Court heard that on the before his death on July 24, Mr Logue had stayed at a Salvation Army hostel in Trafalgar Square.
The following morning at around 8.45am he hurled himself into the path of a tube train at Charing Cross.
"Street life - but you'd better not get old,
Street life - or you're gonna feel the cold"
Ireland is no longer on the edge of Europe but is instead an Atlantic bridge. High-tech companies such as Intel, Oracle and Apple have chosen to base their European operations there. I will be asking Google executives today why they set up in Dublin, not London… What has caused this Irish miracle, and how can we in Britain emulate it?
… in a world where cheap, rapid communication means that investment decisions are made on a global basis, capital will go wherever investment is most attractive. Ireland's business tax rates are only 12.5 per cent, while Britain's are becoming among the highest in the developed world.
World-class education, high rates of innovation and an attractive climate for investment: these are all elements that have helped to raise productivity in Ireland. It is not the only advanced economy to have achieved this uplift. Last week in Washington the new Chairman of the Federal Reserve, Ben Bernanke, told me about the impact that the sustained increase in productivity growth had made in generating prosperity in the US…
The new global economy poses real long-term challenges to Britain, but also real opportunities for us to prosper and succeed. In Ireland they understand this. They have freed their markets, developed the skills of their workforce, encouraged enterprise and innovation and created a dynamic economy. They have much to teach us, if only we are willing to learn.
Five thugs attempted to attack a Respect open planning meeting in Oldham. They were completely repulsed, immobilized and Greater Manchester Police were alerted and moved in to arrest. None of those in the meeting were hurt.
The meeting was led by George Galloway and Yvonne Ridley. It was called to consider an electoral challenge in the forthcoming Oldham East and Saddleworth by-election. The consensus of the meeting was that a challenge will be necessary.By Chris C @ 15/11/2010 20:23:51
"the Gove option will mean that a lot of bright working or lower-middle class kids will look at a potential £60,000 debt and they won't bother - unless they're at Oxbridge or doing a course with a pretty much guaranteed career at the end of it. Outside this small subset of courses, university will be restricted to those whose parents can subsidise them - i.e. the very rich.
That's not all bad - I can see cultural studies departments being disbanded across England and Wales. Economic forces will cut away swathes of courses and institutions, correcting the insane growth of the last 25 years.
But at that kind of cost the idea of education as a good in itself will wither away. Who's going to do archaeology without a private income ?"
Race and Cultural Studies
Critical Theory and Philosophical Aesthetics
Contemporary Literature and Culture
Cultural History
Women's Studies
English and Cultural Studies
Media Arts
Women's and Gender History
Visual Cultures
Memory Studies ( I forget what that is - LT)
It seems that the Irish government were given incorrect information, not once but several times, on the extent of the financial damage - on the basis of which they guaranteed the banks and most of their debt.Mr. Bacon suggested the government buy loans from the banks at discounted prices, effectively handing them cash and easing doubts about their viability. By insisting on steep discounts, Ireland would be less likely to lose money on the purchases. On the flip side, bargain prices would trigger losses at the banks—which the government would probably have to patch with more capital. The taxpayer would foot the bill either way, but at least Ireland would understand how big it was.
The approach "has the merit of certainty and clarity," Mr. Bacon argued. But, he added, it would only work if "the projection of the extent of impairment is accurate in the first place."It wasn't.
The British magazine Punch used to depict Irish people as thick-browed, ape-like, half-humans, concerned only about one dimensional matters like eating and drinking. We railed against the racist stereotype. We were wrong. We are, after all, a shamelessly base people that clearly cannot sit at the same table as the more civilised peoples of Europe.
Does anyone ever wonder if the endless process of ethnic cleansing we call emigration, might have had a devastating affect on our gene pool, in a form of natural selection? Have we exported the good genes, and retained the genes for selfishness and stupidity?
Meanwhile, we have a government with a majority of 2. This arithmetic depends on the green party, who don't have a lot to contribute in the way of sound financial management (!) and 2 independents. One of these independents has told the Government that he will only support the budget (December 7th) if it includes MORE money for Kerry, while overall it must cut total public spending by more than 10%. There's a by-election next thursday, which the government will lose. They know this, which is why they delayed holding it for 17 months and were eventually forced to by a legal action brought to the courts by that well known champion of democracy, Sinn Fein. There are 3 more by-elections which are also long overdue for the same reason, and despite the judgement about the first one, the government is using the delays inherent in the court process to delay holding these three till after the budget. The boss, Brian Cowen, has an opinion poll rating of just 11% and a track record as finance minister 2002-2007.
The combined resources of the GAA, the FAI and the IRFU could have created a 100,000-seater super-stadium. But instead, the lords of IRFU settled for an almost studio-sized ground at their old haunt on Lansdowne Road: with not the 83,000 spectators at the present Croke Park -- which was filled for every home international including Italy -- and certainly not the 100,000 of some future all-code Croke Park, but with just 50,000.
Which other sporting organisation in the entire world has built a stadium that is known to be 30,000 seats below market demand?
General Election 2010: Oldham East and Saddleworth[9] | |||||
Party | Candidate | Votes | % | ±% | |
Labour | Phil Woolas | 14,186 | 31.9 | −10.7 | |
Liberal Democrat | Elwyn Watkins | 14,083 | 31.6 | −0.5 | |
Conservative | Kashif Ali | 11,773 | 26.4 | +8.7 | |
BNP | Alwyn Stott | 2,546 | 5.7 | +0.8 | |
UKIP | David Bentley | 1,720 | 3.9 | +1.8 | |
Christian | Gulzar Nazir | 212 | 0.5 | N/A | |
Majority | 103 | 0.2 | −10.2 | ||
Turnout | 44,520 | 61.2 | +4.4 |
The Tory vote went up by 3,000 – presumably 3,000 ex-Labour voters. The Tory increase is all the more impressive given that UKIP increased their vote by 900-odd – presumably patriotic ex-Tories. The BNP added 400 votes - probably mostly ex-Labour, too.
The swing to the Tories of 8.2% was more than twice the national average of 3.8%.
So what did 2010 Tory candidate Kashif Ali (11,773 votes, 26.4%) have that 2005 Tory candidate Keith Chapman (7,901 votes, 18.2%) didn't have ?
Could it be that the formerly Labour Muslim votes were never heading to the Lib Dems, but, on grounds of "friendship, family ties or tribalism" (as the anti-Woolas Muslim Public Affairs Committee put it) to their Tory co-religionist ?
UPDATE - apparently Mr Kashif was parachuted in by CCO against the local party's wishes :
Traditionalists have been angered by Mr Cameron's plans to take control of shortlists to impose women and ethnic minority candidates to boost their numbers in Parliament. Constituency party chair Mrs Barbara Jackson, an active member for 30 years, claimed two candidates were removed from the selection list at the last minute and others weren't allowed to stand.
She claimed Mr Ali had threatened management that he would recruit family as members to take over the association if he was not selected.
Mrs Jackson said she had been labelled racist for complaining, but added: "They paint it as a race issue but it's nothing to do with race. I won't give in to bullying tactics from anyone no matter what the race, colour or sex. I'm still a Conservative but I'm very disappointed with the party. "The way they have done it is just wrong because the electorate deserve a choice. They have decided who our candidate is and that's it, full stop. The constituency should be guiding the candidates, not the other way round. Very able people in our constituency have been rejected. Why they think it's acceptable I can't understand. It's an exercise in ticking boxes and positive discrimination. They want women and Asians."


text:
Formats and Editions
More Info:
Produced by Jeff Tweedy, Trampled By Turtles' 9th studio album Alpenglow showcases the maturity of the beloved indie-folk band, centering�on life's moments of change and transition.
"It�s a beautiful phenomenon,� says Trampled by Turtles� Dave Simonett, before adding with characteristic sincerity: �Everybody should see it."
Simonett is talking about alpenglow, the natural event that washes mountains on the horizon in smoldering red and pink light, just before the sun sets or rises. It�s a harbinger of change��the space between new and old. It�s�also the name of Trampled by Turtles� new album, the band�s tenth. �My favorite part about making music is making records,� says Simonett. �I�m really excited about this one.�
Produced by Wilco�s Jeff Tweedy,�Alpenglow�offers resounding proof that the beloved six-piece from Minnesota remain uncontested champs of understated virtuosity, literary songwriting, and a joyful hodgepodge of folk heart, rock-and-roll muscle, and string-band zen. Almost 20 years after first getting together, Trampled��that�s lead singer and songwriter�Dave Simonett,�bassist�Tim Saxhaug,�banjo player Dave Carroll, mandolinist�Erik Berry,�fiddle player Ryan Young, and cellist Eamonn McLain��also keep finding new ways to surprise us and one another.
The songs on�Alpenglow�are roots nuggets that roll easily into one another. No throwaway tracks��and no throwaway lines��pad the album. Mourning what�s gone or on its way out, staring down an unexpected choice, slowing down to ask questions with answers that could blow the life you�ve built to bits:�Alpenglow�is interested in the time, gut-checks, and tug-a-wars right before or right after change kicks in.�
While Trampled had worked with a handful of producers before, they usually don�t. On�Alpenglow, the Trampled-Tweedy experiment�is a runaway win. Tweedy�s presence as a producer is felt in the record�s economy of language and time that still relies on the signature layered strings and robust harmonies Trampled devotees will always crave. Berry points to Tweedy�s love of a minor chord and blues-informed perspective as compelling additions to the record-making process, too. The result is an unassuming but undeniable Americana juggernaut of an album, thoughtfully composed and arranged.
�We don�t really sit down and have meetings about what we want to accomplish, outside of are we listening to each other and playing well��and does it sound good?� says Berry. �There are no concept records or anything like that. I think our expectations are always open-ended.� Trampled refuses to force anything��and it�s in the wilds of that openness that the band thrives.
While many of the songs on�Alpenglow�grapple with change, none try to offer answers. Nothing�s neat and tidy. Instead, Trampled find endearing ways to sit in the tension, hope, and sense of loss that transitions and hard questions create. Then, just by expressing what�s there, the music offers comfort. �The only thing I�ve ever wanted to do that I can remember is play music,� says Simonett. �I rarely stopped to think, �Wait a minute. Is this actually what I still want to do?� At the same time, I think a lot of people ask themselves that every day on their way to work.�
Ultimately,�Alpenglow�is made up of songs that beg to be experienced live. The band recorded the tracks in the same room in Tweedy�s Chicago studio, without dividers, special effects, or vocal overdubs. �It�s scarier to record that way now, since it�s easy to fix everything or record everything separately so you can hear it all perfectly,� says Simonett. �But for me, it�s so much fun to just stick a few mics up and play. That�s where we�re at our best.�
Every Trampled performance is a blend of nostalgia and existing solely in that moment. It�s the kind of magic that can exist when old friends hang tight to old connections, while remaining willing to see new things in each other. �For example, I live in the country, and a couple of the guys live in Minneapolis,� says Berry. �Those are very�different lives. I think because of that, when we come back together, there�s always this sense of re-meeting someone and rediscovering things.�
Rediscovery��and the space required for it to happen��help anchor Trampled. When the world shut down in 2020, Trampled were forced to take a break. As a result, Simonett��and so many others��had an unusual opportunity. �In your 40s with kids, not many people get to say, �Man, do I have the chance to do something completely different if I want to?�� Simonett says.� �I ended up finding out that I really enjoyed what I do. It was good for me to think about that and really appreciate it. So once we were back, it felt like a second go��and I think a lot of these songs came from that little feeling of renewal.�
Available on CD, standard black vinyl, and indie-exclusive coke clear vinyl. The indie-exclusive coke clear vinyl comes with a bonus 7" featuring an instrumental b-side recording, and Tweedy's iPhone demo of "A Lifetime To Find."�Pre-order Alpenglow today from your local independent record store.�


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The road to success: Blue Ridge Music Trails of Western North Carolina
It was a decade in the making, but its origins are hundreds of years old.
Partnering with the Blue Ridge National Heritage Area, the North Carolina Arts Council recently launched its latest initiative – the Blue Ridge Music Trails of North Carolina. Encompassing 29 counties in Western North Carolina, the trails were created to preserve, interpret and promote these rich pockets of music and dance that have had a profound impact on American culture and beyond.
"This region has an incredible wealth of history and heritage around our music," said Angie Chandler, executive director of the BRNHA. "It has been part of these mountains for hundreds of years, and we want to share all of that."
When Congress designated the BRNHA in 2003, five areas of focus were identified: agriculture, Cherokee history, craft, music and natural heritage. These areas have been explored during the course of the last decade, with each continuing to evolve and thrive. Though the first Blue Ridge Music Trails of North Carolina guidebook was published in 2003, it's this updated, more comprehensive edition of the book (release date: April 22) that made 2013 the year for concentrating on music trails. To get the ball rolling, the book received funding from the North Carolina Department of Transportation.
"This is North Carolina's definitive map to the traditions of old-time bluegrass music and dance," said Dale Bartlett, BRMT coordinator for the BRNHA. "We're developing this initiative to bring together these regions and make it marketable. As the heritage area has been able to spread its wings, finding opportunities and partnerships, it has been able to label these areas as assets that should get more attention."
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Working with Appalachian folklorists Fred C. Fussell and Steve Kruger, the book identifies 60 locations within the 29 counties as major events, key historical sites and traditions that have been longstanding. The BRNHA itself has named and catalogued more than 160 sites, venues and events that occur in Western North Carolina.
"This book is for the consumer, the historian, the music buff and the curious traveler," Bartlett said. "Now we're taking it back to the people who have nurtured the asset throughout the years, helping them with promotion, cross-marketing and anything we can do to help build the network for the local resident and tourist."
Right from the source
Though a lifelong musician, it wasn't until banjoist/storyteller Laura Boosinger came to Western North Carolina as a teenager that she truly connected the beauty of sound and those who played and danced to it. Attending Warren Wilson College in the late 1970s, she found herself right at the source of real mountain culture and music. At that time, David Holt began to develop and direct the Appalachian Music Program at the college. The program was ahead of its time in terms of preserving the old-time music and also bringing forth legendary musicians from their front porches to the stage.
"I didn't really know anything about mountain music. The music was incredible, but it was the people that fascinated me," she said. "Why did these people do this? Why were these traditions in their families? I mean, I didn't have any traditions that were generations old."
An acoustic guitarist since she was 12, Boosinger fell in love with the banjo when banjoist Marc Pruett (of Balsam Range) gave her one to take home, look at and learn to play. It was at that moment when she began her journey down the rabbit hole of mountain music history and the faces behind the instruments.
"If you really think about it, how bluegrass grew out of old-time music and how it developed, it wouldn't have existed without North Carolina," she said. "People like Earl Scruggs and Doc Watson, what they brought to the music in terms of style and finger picking, were huge for how the sound evolved."
Boosinger points to the current state of mountain music, where it continues to seep back into the mainstream consciousness after decades of depleting interest. With highly successful artists like Mumford and Sons, The Avett Brothers, The Band Perry and Yonder Mountain String Band selling out arenas worldwide, the sound appears to be in good hands, at least in music circles. But then when you add in enormous festivals like Merlefest, Bonnaroo and Wakarusa, where old-time and bluegrass music are one of key genres showcased, one begins to see the importance of preserving and promoting the original places and faces that make all of this possible.
"My hope is that this music will still remain a cultural treasure," she said. "These families continue for generations, and this music needs to stay in people's focus because it's still evolving."
The far west
Of the six regions featured in the guidebook, "Walking the King's Highway" (Region 6) covers Haywood, Swain, Graham, Cherokee, Clay, Macon and Jackson counties. A popular square dance move, "Walking the King's Highway" is a nod to the famous family heritage of Haywood clogger Sam Queen, grandfather of N.C. House Rep. Joe Sam Queen. A thoughtful and insightful essay on Appalachia heritage by Joe Sam Queen is featured in the guidebook. It speaks about the importance of embracing one's own backyard and also makes note of the beloved Friday night traditional dances in Waynesville, which he is a caller for.
"My belief is that if we can keep our sense of self and place, we will thrive. Appalachia is a bastion of individualism and community," he wrote. "There are not a lot of places left that have such a strong sense of place, but Appalachia's one of them that does. It's a wonderful place to visit, and to learn to feel that sense."
Owner of Grandpa's Music in Bryson City, Larry Barnett has been running the store for 12 years and is constantly asked where visitors can find the "real deal."
"A very common question is where can they go hear music, not rock or blues, but traditional music," he said.
Barnett said it's important to preserve mountain music. For him, the sound stretches from the young children he currently gives lessons to all the way back to his grandfather, who played and ultimately influenced him.
"Kids are especially important because if they aren't exposed to it, they won't know it exists," he said. "Luckily for us here, there are enough local people that play and the kids know what it is and how it should sound."
Regardless of whether its performing on a large cosmopolitan arena or a tiny backwoods stage, what matters most is picking up the instrument and letting your fingers do the talking or grabbing the clogging shoes and dancing the night away.
"This music is unadulterated by any electronics," Barnett said. "What I like is the fact you can walk out onto the porch and not have anything else than what's in your hands."
Where the heart is
With the initiative coming to fruition, the BRMT will begin conducting community input sessions in April for each region. Local leaders, residents, business owners and musicians are encouraged to participate and form a plan to strengthen partnerships. Besides the newly updated guidebook release, the BRMT website and map will be available in July, with the national marketing and public relations plan being launched in the fall.
"Hopefully, this will deepen education, resources and pride for this region as more people come and visit it," Chandler said. "It's amazing how few people really know the depth of history and heritage of this music. These people had an international impact coming right from these mountains."
Chandler said the BRMT is looking for partners interested in supporting the initiative. There are also grants offered for music-related projects. An open call for the most recent cycle of proposals wrapped up in December, with the projects currently being reviewed. Chandler feels if attention can be called to the music, then it can be a catalyst for more public and private investment that is much needed in Western North Carolina.
"The key to our future is always staying tied to our history because our history is tied to the land and the natural importance of this land," she said.
Want to help?
By the numbers
In preparation for the Blue Ridge Music Trails initiative, audiences at 26 traditional music venues in 18 counties where surveyed in 2011.
• These 26 venues equal $20.7 million in economic impact (which is less than 20 percent of the total venues identified in the guidebook/initiative).
• Attendees who travel specifically for an event spend 1.85 times more than visitors in the area for other reasons.
• Not holding these events would equal a loss of more than $13.5 million in spending in the region.
• 40 percent of attendees came specifically for an event.
• More than 160 music venues thrive in the region.
• 99 percent of attendees said they would return again.
• 116,000 attendees at the events studied.
• 2.9 - the average number of nights spent in the area by out-of-town audiences.
• 1.25 percent - the average percentage of annual household income spent on music.
• 10 states represented in audiences surveyed.
Region 6: Walking the King's Highway
(Haywood, Swain, Graham, Cherokee, Clay, Macon, Jackson)
Major Events/Venues:
• Fading Voices Festival, Memorial Day Weekend, Little Snowbird Baptist Church, Robbinsville
• Smoky Mountain Folk Festival, Labor Day Weekend, Lake Junaluska
• Mountain Heritage Day, last Saturday in September, Western Carolina University, Cullowhee
• John C. Campbell Folk Festival, first full weekend in October, Brasstown
• Waynesville Street Dances, select Fridays on Main Street
• Music and dance at the Stompin' Ground, Maggie Valley
• Maggie Valley Opry House, Maggie Valley
• Music in the Mountains at the Bryson City Railroad Depot
• Stecoah Valley Cultural Arts Center, Robbinsville
• Jimmy's Pick N Grin, Andrews
• Clay's Corner New Year's Possum Drop and Weekly Jam Sessions, Brasstown
• Jam sessions at the T.M. Rickman Store, Cowee
• Thursday concert and jam session at Western Carolina Univeristy, Cullowhee


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lower left in graphite: SP 1/10; lower right in graphite: Ross Bleckner 99; lower left verso in graphite by unknown hand: RB99-1440A
Marks and Labels
embossed lower right: © [Gemini G.E.L.]; stamped lower left verso in gray ink: Published by Gemini G.E.L. LLC / Los Angeles, California
Gemini G.E.L., Los Angeles, California; acquired 2015 by the National Gallery of Art
- 1966
- Gemini G.E.L. Sequence List. Los Angeles, California: Gemini G.E.L., unpublished, no. 1799.
- 2011
- Ritchie, Charles. Gemini G.E.L. Online Catalogue Raisonné. Washington, D.C.: National Gallery of Art, 2011, no. 56.2. http://www.nga.gov/gemini
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This chapter is currently inactive. An inactive chapter is one that has not given a grant in six months. If you are interested in re-activating this chapter, you can learn more about getting started.
Craft for Humanity: Creativity with a Mission
By Kristina Nicholas October 2017About Us
The trustees of Awesome Foundation Youngstown are proud to announce that local artist Kristina Nicholas is the winner of our inaugural $1,000 grant for her project submission "Craft for Humanity: Creativity with a Mission!" As detailed in her submission, Kristina's humanitarian and eco-friendly project seeks to teach people the art form of crochet by creating sleeping mats made of plarn, or upcycled (creative reuse) plastic shopping bags, and giving them to people in need. Each sleeping mat is expected to keep 500-700 plastic bags out of the landfill. Kristina will use her award money to purchase equipment such as scissors, crochet needles, and customized, 3D Printed crochet needles produced by local resources.
Kristina hopes that her project will "give access to children and adults of all ages to the art form of crocheting while also using creativity to provide sleeping mats to individuals and organizations that need help. This project would focus on involving city of Youngstown church groups, knitting and/or crochet groups, youth groups, nursing homes, Youngstown City School children, Youngstown State University students, and more."
St. Vincent De Paul Society's W Front Street location has agreed to be a drop-off site for plastic grocery bag donations and distribution site for the finished plarn sleeping mats by giving them to those in need. Kristina's goal is to produce 1,000 plarn sleeping mats for Youngstown's less fortunate.
For more information, please visit http://youngstownaf.org/ or http://mahoningsvdp.org/ or contact Kristina Nicholas (firstname.lastname@example.com), RJ Thompson (email@example.com), or Glenniece Bedo via e-mail (firstname.lastname@example.com) or via phone at 330-333-3601.
Plastic bags can be delivered to St. Vincent De Paul Society located at 208 W Front St., Youngstown, Ohio 44503. Awesome Foundation Youngstown is fiscally sponsored by the Economic Action Group, a 501(c)3 non-profit organization. If you are interested in donating financial resources, please contact email@example.com.
We all know how Awesome it is to live, work and play in the City of Youngstown! This dedicated group wants to help those who can make our community even better with just a little help from some friends.
Awesome Foundation Youngstown will be giving out an annual grant (in its first year) of $1000 to an individual or group who can articulate and deliver great projects to make our City even more vibrant and awesome to live in. Have an idea? Please fill out an application!!
Please note that we do not typically fund: travel, salaries, or living expenses. PLEASE ALSO NOTE THAT PROJECTS BASED IN THE CITY OF YOUNGSTOWN TAKE PRIORITY. PROJECTS THAT UTILIZE THE CREATIVE ARTS AND TECHNOLOGY ARE ALSO GIVEN PRIORITY.
If you have a question about the application process, please email us at firstname.lastname@example.com. Those unable to complete the application online are encouraged to e-mail as well.
Visit our WEBSITE: Awesome Foundation Youngstown
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