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Jason Scott, creator of Textfiles.com, has created an archive that is constantly growing and changing. There are always people sending in new files for him to place into the massive collection he started from nothing. Work of this quality is only found in labors of love. Part of the reason the archive is so huge, and continues to grow, is that the people contributing to it were at one time a part of a community much larger than themselves and welcome, very much so, when a person comes along and sets up a place for that community, or the shadow of it, to reside again. It feels a little like home.
For someone such as myself, who loves interviewing people and finding out what makes them tick, I was pretty much in heaven while I watched his first set of films, BBS: The Documentary, in which he speaks to over 200 people about their involvement in BBSes (Bulletin Board Systems). He's a journeyman historian, yes, but not just that. He has a wonderful and insightful way of getting people to open up and talk about something that is, or was, so important to them, to their lives. He then puts the stories together in a way that makes sense, even for someone like me that had very limited knowledge of what having a modem meant prior to the Internet. I suspected that I would enjoy viewing it, but I had no idea that I would heart it so much. I eagerly anticipate the next two films he is simultaneously working on, Get Lamp and Arcade, even if they also take twice as long to create as he first thought. It'll be well worth the wait.
Blog Birthday:
I kept a weblog before a lot of people, over here. So December 17, 1997!
Why do you blog?
These days, it's several factors. For one, I have essays that don't really fit anywhere. I used to have a "thoughts" page on textfiles.com, but it limited me to discussing the direct files on textfiles.com, and that got a little weird. Then I became a "guest blogger" on boingboing and got such a wildly positive response from people, I decided it was time to get myself a separate site, and ascii.textfiles.com came in.
What do you talk about?
Computer history, life lessons I've learned, things that amaze me, my own history, things that make me sad.
What don't you talk about? Why?
I avoid politics discussions when I can because all it does right now is foster conflict and hate without any resolution. I keep my political actions elsewhere.
Worst/best experience regarding something you wrote in your blog or put out on the net?
All of my entries criticizing Wikipedia have caused enormous crap-storms that make me sometimes wish I'd never opened my goddamned mouth in public. It also confuses people to have this historian guy "against" something, which is how it's usually interpreted, that I'm "against" Wikipedia. In fact, I'm against implementation choices in Wikipedia, choices that they themselves are starting to undo. It's been a great time studying it, but jeez, come on, I'm more than a Wikicritic.
The best experience was the way my article about why I used Creative Commons shot around the world. It sold a lot of copies, but it also touched a lot of people.
Favorite/worst thing about living where you live?
I live in the Boston area. I enjoy the access to the wonders of New England, but I hate freezing. I would live in a warmer climate if I didn't know it would basically cut me off from my family, who are very important to me.
When I first went in to look around textfiles, I initially felt overwhelmed. Is that a normal first reaction?
The site is kind of intended to be overwhelming. But it's also an accurate reflection of what it is, a massive collection of files. I wanted to ensure it was all saved as well as possible. I created the "top 100" so most people could just browse that and get the idea.
Did artscene come after the initial compilation of textfiles? Some of those files are the most interesting to me, coming from an art background.
Everything after www.textfiles.com came later, between 2 and 5 years later. The most recent is digitize.textfiles.com, which is scanned in ads and brochures. So it's always growing.
Is there one thing that stands out regarding textfiles that you are most proud of?
I think it's the best thing I ever did. It's brought nothing but wonder for me.
What actor would play you in the movie of your life?
Either Bruce Campbell or Kevin Smith.
Do you think that your Wikipedia page speaks of you accurately and fairly?
Depends on the time of day, right?
A lot of it came from my own website. Some of it is incomplete, or inaccurate. Some is correct, and accurate. Whenever I get in the news about my wikipedia criticism, it gets modified a lot.
What do you do to stay sane and healthy?
Well, I try and eat right and read a lot. And make documentaries.
Did creating the BBS documentary take longer than you anticipated?
Yes, when I first started it, I thought it would be 2 years and it ended up being 4. So double my money. I wanted it to be 9 hours, and it was 5.5. But I thought it'd be 2 DVDs and it was 3.
Did it turn out how you hoped?
It came out even better than I'd hoped. When you work on something like this, you never know what's coming out at the end, but this was a great final work, and it was all worth it.
How has it been received?
It's done well, with thousands sold and many more downloaded. I paid off the costs of the film within its first month of release. But hey, buy more. www.bbsdocumentary.com.
Will you do anything different this time around with your new projects, Get Lamp and Arcade?
The best things I'm doing differently with the next two is to film it in HD and be more focused with interviews. I'm less worried about being the one and only source on these subjects. With the BBS one, I was often that very thing.
As for how it ends up, why guess? I hope it's good. It all depends on who I can get to sit down with me.
Why do you make documentaries?
I make documentaries because I feel like I'm doing amazing good talking to these people. It never gets old.
Favorite color:
Favorite food:
In your opinion, what is the best application/widget/program or helpful-bit-o-code to come out over the past year?
A program to make my HVX-200 High Definition video camera work with Sony Vegas (my favorite editing program) because the Sony people are too bull-headed to make their software work directly yet. So this other guy went out and created Raylight, which does this work. That's great. It was worth the $200.
Do you miss TinyTIM?
I miss TinyTIM as it was up to about 1997. Very much so. I wouldn't trade those first seven years for anything.
When you were 10, what did you want to do when you grew up?
Make movies.
What do you hate?
Little tiny kings ruling in little tiny kingdoms that they think you're standing in.
What do you love?
Making a difference.
What are you thankful for?
I have had the same well-paying job for a decade, allowing me the freedom to do all the rest of these things.
What do you want to tell other bloggers, if anything?
If you're not generating original content and just regurgitating other links, then machines are going to replace you.
Astounding facts about you:
I've seen 'Caddyshack' over 120 times.
I read every Agatha Christie novel in 30 days when I was 25.
I learned to drive when I was 26.
Are you Windows or Mac? Why?
I've been windows and mac at various times, as well as Atari, Commodore, and Apple II. It's whatever worked for me. Right now, I run Windows XP with a collection of UNIX boxes doing the heavy lifting downstairs. I work best with PCs.
Do you cook?
If scrambled eggs count, hell yeah.
What are you working on right now?
A documentary about text adventures (www.getlamp.com) and a documentary about arcade games (www.arcadedocumentary.com).
Your own favorite post or essay you have written or contributed to?
I was very very happy with the Creative Commons post as mentioned above, but I'm also amused how a recent one about a lonely childhood called "The Best and the Interesting" got some nice response from the world.
What will you being doing next year?
Still filming my two documentaries, doing talks, travelling.
Tell me a secret?
I lost one of my best friends over a stupid thing, but I'm not sorry.
What do you wish I had asked you that I didn't?
What I was doing for dinner sometime.
Thanks, Jason! (and what are you doing for dinner sometime?)

subset: commoncrawl


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Longevity has reached an all time high for women. Although this has generally been welcome news, degenerative, chronic and often painful conditions are increasingly a part of aging and quality of life.
The CENTER FOR MENOPAUSE, HORMONAL DISORDERS AND WOMEN'S HEALTH is founded to evaluate and treat women at a critical time of medical need with a team of experts who are knowledgable in the most up to date treatment. These interventions are increasingly important for women because so many effects of aging may be delayed. Menopause has become the adolescence of old age.
The Center focuses on the treatment of the menopause and the menopause transition and can offer both hormonal and non-hormonal treatment as well as some alternatives. The care of the menopausal women includes the evaluation and treatment of osteoporosis and other diseases of aging.
The Center will also focus on providing care for hormonal problems in the premenopausal years. Neglect of these conditions during adolescence and the reproductive years may lead to serious complications in later life. These include menstrual irregularities which may be associated with excess or low weight, acne, excessive hair growth, or may be athletically or stress induced. Obesity, heart disease, diabetes, osteoporosis, infertility, excessive bleeding, and cancer of the uterus may accompany these problems.


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An automotive battery is a rechargeable battery that is used to start a motor vehicle. Its main purpose is to provide an electric current to the electric-powered starting motor, which in turn starts the chemically-powered internal combustion engine that actually propels the vehicle. Once the engine is running, power for the car's electrical systems is still supplied by the battery, with the alternator charging the battery as demands increase or decrease.
Typically, starting uses less than three percent of the battery capacity. For this reason, automotive batteries are designed to deliver maximum current for a short period of time. They are sometimes referred to as "SLI batteries" for this reason, for starting, lighting and ignition. SLI batteries are not designed for deep discharging, and a full discharge can reduce the battery's lifespan.
As well as starting the engine, an SLI battery supplies the extra power necessary when the vehicle's electrical requirements exceed the supply from the charging system. It is also a stabilizer, evening out potentially damaging voltage spikes. While the engine is running, most of the power is provided by the alternator, which includes a voltage regulator to keep the output between 13.5 and 14.5 V. Modern SLI batteries are lead-acid type, using six series-connected cells to provide a nominal 12 volt system (in most passenger vehicles and light trucks), or twelve cells for a 24 volt system in heavy trucks or earth-moving equipment, for example.
Gas explosions can occur at the negative electrode where hydrogen gas can build up due to blocked battery vents or a poorly ventilated setting, combined with an ignition source. Explosions during engine start up are typically associated with corroded or dirty battery posts. A 1993 study by the US National Highway Traffic Safety Administration said that 31% of vehicle battery explosion injuries occurred while charging the battery. The next most common scenarios were while working on cable connections, while jump starting, typically by failing to connect to the dead battery before the charging source and failing to connect to the vehicle chassis rather than directly to the grounded battery post, and while checking fluid levels. Close to two thirds of those injured suffered chemical burns, and nearly three fourths suffered eye injuries, among other possible injuries.
An automobile battery is an example of a wet cell battery, with six cells. Each cell of a lead storage battery consists of alternate plates made of a lead alloy grid filled with sponge lead (cathode plates) or coated with lead dioxide (anode). Each cell is filled with a sulfuric acid solution, which is the electrolyte. Initially, cells each had a filler cap, through which the electrolyte level could be viewed and which allowed water to be added to the cell. The filler cap had a small vent hole which allowed hydrogen gas generated during charging to escape from the cell.
The cells are connected by short heavy straps from the positive plates of one cell to the negative plates of the adjacent cell. A pair of heavy terminals, plated with lead to resist corrosion, are mounted at the top, sometimes the side, of the battery. Early auto batteries used hard rubber cases and wooden plate separators. Modern units use plastic cases and woven sheets to prevent the plates of a cell from touching and short-circuiting.
In the past, auto batteries required regular inspection and maintenance to replace water that was decomposed during the operation of the battery. "Low-maintenance" (sometimes called "zero-maintenance") batteries use a different alloy for the plate elements, reducing the amount of water decomposed on charging. A modern battery may not require additional water over its useful life; some types eliminate the individual filler caps for each cell. A weakness of these batteries is that they are very intolerant of deep discharge, such as when the car battery is completely drained by leaving the lights on. This coats the lead plate electrodes with lead sulfate deposits and can reduce the battery's lifespan by a third or more.
VRLA batteries, also known as absorbed glass mat (AGM) batteries are more tolerant of deep discharge but are more expensive. VRLA batteries do not permit addition of water to the cell. The cells each have an automatic pressure release valve, to protect the case from rupture on severe overcharge or internal failure. A VRLA battery cannot spill its electrolyte which makes it particularly useful in vehicles such as motorcycles.
Batteries are typically made of six galvanic cells in a series circuit. Each cell provides 2.1 volts for a total of 12.6 volts at full charge. During discharge, at the negative (lead) terminal a chemical reaction releases electrons to the external circuit, and at the positive (lead oxide) terminal another chemical reaction absorbs electrons from the external circuit. This drives the electrons through the external circuit wire (an electrical conductor) to produce an electric current (electricity). As the battery discharges, the acid of the electrolyte reacts with the materials of the plates, changing their surface to lead sulfate. When the battery is recharged, the chemical reaction is reversed: the lead sulfate reforms into lead dioxide. With the plates restored to their original condition, the process may be repeated.
Some vehicles use other starter batteries. The 2010 Porsche 911 GT3 RS has a lithium-ion battery as an option to save weight. Heavy vehicles may have two batteries in series for a 24 V system or may have series-parallel groups of batteries supplying 24 V.
In this gallery you can download free PNG images: Automotive battery PNG, car battery PNG
In this gallery "Automotive battery" we have 44 free PNG images with transparent background.


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Backup vs. Synchronization
Multi-way, Work on Files in Any Location, Files in All Locations are Updated
File Synchronization (or 'synching') is the process of ensuring that two or more locations contain the same up-to-date files. If you add, change, or delete a file from one location, the synchronization process will add, change, or delete the same file at the other location. Files are copied in both directions, keeping the two or more locations in sync with each other. AllSync will not only synchronize all your data, but analyze, filter, and display results, ensuring you avoid duplicates and synchronize only the files you need.
File synchronization maintains the same version of files on multiple locations, such as directories on a computer, or removable storage devices such as flash drives. In other words, when two locations are synchronized, the most current version of a file is available at all locations, regardless of where it was last modified. Although it is possible to synchronize directories manually, using a software tool is faster and less error-prone. As technology progresses and we become more computer dependent, file synchronization becomes even more important for everyone who has more than one computer. The makers of AllSync understand the importance of synching and thoroughly test the reliability, security, speed, and consistency of this highly regarded tool.
One-way, Work on Files in One Location, Files are Backed-up to Another Location
Backup refers to copying of data from one location to another. Backing up your data is a necessity, so that when important images, spreadsheets, MP3s, financial documents, and E-Mails are lost, you are able to easily restore them with your backup copy. With Backups, copies of data are always sent in one direction, to a location where it can be safely stored.
Backing up your files is important whether you want to completely restore a computer following a crash, or to restore small numbers of files after they have been accidentally deleted or corrupted. Backups are typically the last line of defense against data loss. With AllSync you can back up files to a different location or device, including but not limited to flash drives, servers, laptops, desktops, and other external drives. All backups done with AllSync are fast and secure, and can be completed over the Internet or to a server.
AllSync is highly robust yet easy-to-use software. It is advanced enough to synchronize as well as Back Up all your files, yet simple enough for a novice to use. With AllSync you can schedule your backups or synchronizations to take place automatically and be assured all your files are safe and up-to-date, allowing you to enjoy complete peace of mind.


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Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
U.S. Supreme Court
Cherokee Nation v. Georgia, 30 U.S. 5 Pet. 1 1 (1831)Cherokee Nation v. Georgia
30 U.S. (5 Pet.) 1
Motion for an injunction to prevent the execution of certain acts of the Legislature of the State of Georgia in the territory of the Cherokee Nation, on behalf of the Cherokee Nation, they claiming to proceed in the Supreme Court of the United States as a foreign state against the State of Georgia under the provision of the Constitution of the United States which gives to the Court jurisdiction in controversies in which a State of the United States or the citizens thereof, and a foreign state, citizens, or subjects thereof are parties.
The Cherokee Nation is not a foreign state in the sense in which the terms "foreign state" is used in the Constitution of the United States.
The third article of the Constitution of the United States describes the extent of the judicial power. The second section closes an enumeration of the cases to which it extends with "controversies between a State or the citizens thereof and foreign states, citizens or subjects." A subsequent clause of the same section gives the Supreme Court original jurisdiction in all cases in which a State shall be a party -- the State of Georgia may then certainly be sued in this Court.
The Cherokees are a State. They have been uniformly treated as a State since the settlement of our country. The numerous treaties made with them by the United States recognise them as a people capable of maintaining the relations of peace and war; of being responsible in their political character for any violation of their engagements, or for any aggression committed on the citizens of the United States by any individual of their community. Laws have
been enacted in the spirit of these treaties. The acts of our Government plainly recognise the Cherokee Nation as a State, and the Courts are bound by those acts.
The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence. In general, nations not owing a common allegiance are foreign to each other. The term "foreign nation" is with strict propriety applicable by either to the other. But the relation of the Indians to the United States is marked by peculiar and cardinal distinctions which exist nowhere else.
The Indians are acknowledged to have an unquestionable, and heretofore an unquestioned, right to the lands they occupy until that right shall be extinguished by a voluntary cession to our Government. It may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases; meanwhile, they are in a state of pupilage. Their relations to the United States resemble that of a ward to his guardian. They look to our Government for protection, rely upon its kindness and its power, appeal to it for relief to their wants, and address the President as their Great Father.
The bill filed on behalf of the Cherokees seeks to restrain a State from forcible exercise of legislative power over a neighbouring people asserting their independence, their right to which the State denies. On several of the matters alleged in the bill, for example, on the laws making it criminal to exercise the usual power of self-government in their own country by the Cherokee Nation, this Court cannot interpose, at least in the form in which those matters are presented. That part of the bill which respects the land occupied by the Indians, and prays the aid of the Court to protect their possessions, may be more doubtful. The mere question of right might perhaps be decided by this Court in a proper case with proper parties. But the Court is asked to do more than decide on the title. The bill requires us to control the Legislature of Georgia, and to restrain the exertion of its physical force. The propriety of such an interposition by the Court may well be questioned. It savours too much of the exercise of political power to be within the proper province of the Judicial Department.
This case came before the court on a motion on behalf of the Cherokee Nation of Indians for a subpoena, and for an injunction to restrain the State of Georgia, the Governor, Attorney General, judges, justices of the peace, sheriffs, deputy sheriffs, constables, and others the officers, agents, and servants of that State from executing and enforcing the laws of Georgia or any of these laws, or serving process, or doing anything towards the execution or enforcement of those laws, within the Cherokee territory, as designated by treaty between the United States and the Cherokee Nation.
The motion was made, after notice and a copy of the bill
filed at the instance and under the authority of the Cherokee Nation had been served on the Governor and Attorney General of the State of Georgia on the 27th December, 1830, and the 1st of January, 1831. The notice Stated that the motion would be made in this court on Saturday, the 5th day of March, 1831. The bill was signed by John Ross, principal chief of the Cherokee Nation, and an affidavit, in the usual form, of the facts stated in the bill was annexed; which was sworn to before a justice of the peace of Richmond County, State of Georgia.
The bill set forth the complainants to be
"the Cherokee Nation of Indians, a foreign state, not owing allegiance to the United States, nor to any State of this union, nor to any prince, potentate or State, other than their own."
"That, from time immemorial, the Cherokee Nation have composed a sovereign and independent State, and in this character have been repeatedly recognized, and still stand recognized by the United States, in the various treaties subsisting between their nation and the United States."
That the Cherokees were the occupants and owners of the territory in which they now reside before the first approach of the white men of Europe to the western continent, "deriving their title from the Great Spirit, who is the common father of the human family, and to whom the whole earth belongs." Composing the Cherokee Nation, they and their ancestors have been and are the sole and exclusive masters of this territory, governed by their own laws, usages, and customs.
The bill states the grant, by a charter in 1732, of the country on this continent lying between the Savannah and Alatahama rivers, by George the Second, "monarch of several islands on the eastern coast of the Atlantic," the same country being then in the ownership of several distinct, sovereign, and independent nations of Indians, and amongst them the Cherokee Nation.
The foundation of this charter, the bill states, is asserted to be the right of discovery to the territory granted; a ship manned by the subjects of the king having,
"about two centuries and a half before, sailed along the coast of the western hemisphere, from the fifty-sixth to the thirty-eighth degree of north
latitude, and looked upon the face of that coast without even landing on any part of it."
This right, as affecting the right of the Indian nation, the bill denies, and asserts that the whole length to which the right of discovery is claimed to extend among European nations is to give to the first discoverer the prior and exclusive right to purchase these lands from the Indian proprietors, against all other European sovereigns, to which principle the Indians have never assented, and which they deny to be a principle of the natural law of nations or obligatory on them.
The bill alleges that it never was claimed under the charter of George the Second that the grantees had a right to disturb the self-government of the Indians who were in possession of the country, and that, on the contrary, treaties were made by the first adventurers with the Indians by which a part of the territory was acquired by them for a valuable consideration, and no pretension was ever made to set up the British laws in the country owned by the Indians. That various treaties have been, from time to time, made between the British colony in Georgia; between the State of Georgia, before her confederation with the other States; between the confederate States afterwards; and, finally, between the United States under their present Constitution and the Cherokee Nation, as well as other nations of Indians, in all of which the Cherokee Nation and the other nations have been recognized as sovereign and independent States possessing both the exclusive right to their territory and the exclusive right of self-government within that territory. That the various proceedings from time to time had by the Congress of the United States under the articles of their confederation, as well as under the present Constitution of the United States, in relation to the subject of the Indian nations confirm the same view of the subject.
The bill proceeds to refer to the treaty concluded at Hopewell on the 28th November, 1785, "between the commissioners of the United States and headmen and warriors of all the Cherokees;" the treaty of Holston of the 22d July, 1791, "between the president of the United States by his duly authorized commissioner, William Blount, and the chiefs and warriors of the Cherokee Nation of Indians," and the additional
article of 17th November, 1792, made at Philadelphia by Henry Knox, the secretary at war, acting on behalf of the United States; the treaty made at Philadelphia on the 26th June, 1794; the treaties between the same parties made at Tellico 2d October, 1790; on the 24th October, 1804; on the 25th October, 1805, and the 27th October, 1805; the treaty at Washington on the 7th January, 1806, with the proclamation of that convention by the president, and the elucidation of that convention of 11th September, 1807; the treaty between the United States and the Cherokee Nation made at the city of Washington on the 22d day of March, 1816; another convention made at the same place, on the same day, by the same parties; a treaty made at the Cherokee agency on the 8th July, 1807; and a treaty made at the city of Washington on the 27th February, 1819,
"all of which treaties and conventions were duly ratified and confirmed by the Senate of the United States, and became thenceforth, and still are, a part of the supreme law of the land."
By those treaties, the bill asserts, the Cherokee Nation of Indians are acknowledged and treated with as sovereign and independent States, within the boundary arranged by those treaties, and that the complainants are, within the boundary established by the treaty of 1719, sovereign and independent, with the right of self-government, without any right of interference with the same on the part of any State of the United States. The bill calls the attention of the court to the particular provisions of those treaties, "for the purpose of verifying the truth of the general principles deduced from them."
The bill alleges, from the earliest intercourse between the United States and the Cherokee Nation, an ardent desire has been evinced by the United States to lead the Cherokees to a greater degree of civilization. This is shown by the fourteenth article of the treaty of Holston, and by the course pursued by the United States in 1808, when a treaty was made giving to a portion of the nation which preferred the hunter state a territory on the west of the Mississippi in exchange for a part of the lower country of the Cherokees; and assurances were given by the president that those who chose to remain for the purpose of engaging in the pursuits of agricultural and civilized life in the country they occupied might rely "on the
patronage, aid, and good neighbourhood of the United States." The treaty of 8th July, 1817, was made to carry those promises into effect, and, in reliance on them, a large cession of lands was thereby made; and in 1819, on the 27th February, another treaty was made, the preamble of which recites that a greater part of the Cherokee Nation had expressed an earnest desire to remain on this side of the Mississippi, and were desirous to commence those measures which they deem necessary to the civilization and preservation of their nation, to give effect to which object without delay, that treaty was declared to be made, and another large cession of their lands was thereby made by them to the United States.
By a reference to the several treaties, it will be seen that a fund is provided for the establishment of schools, and the bill asserts that great progress has been made by the Cherokees in civilization and in agriculture.
They have established a constitution and form of government, the leading features of which they have borrowed from that of the United States, dividing their government into three separate departments, legislative, executive and judicial. In conformity with this constitution, these departments have all been organized. They have formed a code of laws, civil and criminal, adapted to their situation, have erected courts to expound and apply those laws, and organized an executive to carry them into effect. They have established schools for the education of their children, and churches in which the Christian religion is taught; they have abandoned the hunter state and become agriculturists, mechanics, and herdsmen; and, under provocations long continued and hard to be borne, they have observed with fidelity all their engagements by treaty with the United States.
Under the promised "patronage and good neighbourhood" of the United States, a portion of the people of the nation have become civilized Christians and agriculturists, and the bill alleges that, in these respects, they are willing to submit to a comparison with their white brethren around them.
The bill claims for the Cherokee Nation the benefit of the provision in the Constitution that treaties are the supreme law of the land, and all judges are bound thereby; of the declaration in the Constitution that no State shall pass any law
impairing the obligation of contracts, and avers that all the treaties referred to are contracts of the highest character and of the most solemn obligation. It asserts that the Constitutional provision that Congress shall have power to regulate commerce with the Indian tribes is a power which, from its nature, is exclusive, and consequently forbids all interference by any one of the States. That Congress have, in execution of this power, passed various acts, and, among others, the act of 1802, "to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers." The objects of these acts are to consecrate the Indian boundary as arranged by the treaties, and they contain clear recognitions of the sovereignty of the Indians, and of their exclusive right to give and to execute the law within that boundary.
The bill proceeds to state that, in violation of these treaties, of the Constitution of the United States, and of the Act of Congress of 1802, the State of Georgia, at a session of her Legislature held in December in the year 1828, passed an act, which received the assent of the Governor of that State on the twentieth day of that month and year, entitled,
"An act to add the territory lying within this State and occupied by the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinett, Hall, and Habersham, and to extend the laws of this State over the same, and for other purposes."
That afterwards, to-wit in the year 1829, the Legislature of the said State of Georgia passed another act, which received the assent of the Governor on the 19th December of that year, entitled,
"An act to add the territory lying within the chartered limits of Georgia, now in the occupancy of the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinett, Hall, and Habersham, and to extend the laws of this State over the same, and to annul all laws and ordinances made by the Cherokee Nation of Indians, and to provide for the compensation of officers serving legal processes in said territory, and to regulate the testimony of Indians, and to repeal the ninth section of the Act of 1828 on this subject."
The effect of these laws, and their purposes, are stated to be to parcel out the territory of the Cherokees; to extend all the laws of Georgia over the same; to abolish the Cherokee laws, and to deprive the Cherokees of the protection of their laws;
to prevent them, as individuals, from enrolling for emigration, under the penalty of indictment before the State courts of Georgia; to make it murder in the officers of the Cherokee government to inflict the sentence of death in conformity with the Cherokee laws, subjecting them all to indictment therefor, and death by hanging; extending the jurisdiction of the justices of the peace of Georgia into the Cherokee territory, and authorising the calling out of the militia of Georgia to enforce the process; and finally, declaring that no Indian, or descendant of any Indian, residing within the Cherokee Nation of Indians shall be deemed a competent witness in any court of the State of Georgia, in which a white person may be a party, except such white person resides within the said nation.
All these laws are averred to be null and void because repugnant to treaties in full force, to the Constitution of the United States, and to the Act of Congress of 1802.
The bill then proceeds to State the interference of President Washington for the protection of the Cherokees, and the resolutions of the Senate in consequence of his reference of the subject of intrusions on their territory. That, in 1802, the State of Georgia, in ceding to the United States a large body of lands within her alleged chartered limits and imposing a condition that the Indian title should be peaceably extinguished, admitted the subsisting Indian title. That cessions of territory have always been voluntarily made by the Indians in their national character, and that cessions have been made of as much land as could be spared, until the cession of 1819,
"when they had reduced their territory into as small a compass as their own convenience would bear, and they then accordingly resolved to cede no more."
The bill then refers to the various applications of Georgia to the United States to extinguish the Indian title by force, and her denial of the obligations of the treaties with the Cherokees, although, under these treaties, large additions to her disposable lands had been made, and states that Presidents Monroe and Adams, in succession, understanding the articles of cession and agreement between the State of Georgia and the United States in the year 1802 as binding the United States to extinguish the Indian title so soon only as it could be done peaceably and on reasonable terms, refused themselves to apply force to these complainants
or to permit it to be applied by the State of Georgia to drive them from their possession, but, on the contrary, avowed their determination to protect these complainants by force, if necessary, and to fulfil the guarantee given to them by the treaties.
The State of Georgia, not having succeeded in these applications to the Government of the United States, have resorted to legislation, intending to force, by those means, the Indians from their territory. Unwilling to resist by force of arms these pretensions and efforts, the bill states that application for protection, and for the execution of the guarantee of the treaties, has been made by the Cherokees to the present President of the United States, and they have received for answer "that the President of the United States has no power to protect them against the laws of Georgia."
The bill proceeds to refer to the act of Congress of 1830 entitled "An act to provide for an exchange of lands with the Indians residing in any of the States or territories, and for their removal west of the Mississippi." The Act is to apply to such of the Indians as may choose to remove, and by the proviso to it, nothing contained in the Act shall be construed as authorising or directing the violation of any existing treaty between the United States and any of the Indian tribes.
The complainants have not chosen to remove, and this, it is alleged, it is sufficient for the complainants to say; but they proceed to state that they are fully satisfied with the country they possess; the climate is salubrious; it is convenient for commerce and intercourse; it contains schools in which they can obtain teachers from the neighbouring States, and places for the worship of God, where Christianity is taught by missionaries and pastors easily supplied from the United States. The country, too,
"is consecrate in their affections from having been immemorially the property and residence of their ancestors, and from containing now the graves of their fathers, relatives, and friends."
Little is known of the country west of the Mississippi, and, if accepted, the bill asserts it will be the grave not only of their civilization and Christianity, but of the nation itself.
It also alleges that the portion of the nation who emigrated
under the patronage and sanction of the President in 1808 and 1809, and settled on the territory assigned to them on the Arkansas river, were afterwards required to remove again, and that they did so under the stipulations of a treaty made in May 1828. The place to which they removed under this last treaty is said to be exposed to incursions of hostile Indians, and that they are
"engaged in constant scenes of killing and scalping, and have to wage a war of extermination with more powerful tribes, before whom they will ultimately fall."
They have therefore, decidedly rejected the offer of exchange. The bill then proceeds to state various acts under the authority of the laws of Georgia in defiance of the treaties referred to, and of the Constitution of the United States, as expressed in the act of 1802, and that the State of Georgia has declared its determination to continue to enforce these laws so long as the complainants shall continue to occupy their territory.
But while these laws are enforced in a manner the most harassing and vexatious to your complainants, the design seems to have been deliberately formed to carry no one of these cases to final decision in the State courts, with the view, as the complainants believe and therefore allege, to prevent any one of the Cherokee defendants from carrying those cases to the Supreme Court of the United States by writ of error for review under the twenty-fifth section of the act of Congress of the United States, passed in the year 1789, and entitled "An act to establish the judicial courts of the United States."
Numerous instances of proceedings are set forth at large in the bill. The complainants expected protection from these unconstitutional acts of Georgia by the troops of the United States, but notice has been given by the commanding officer of those troops to John Ross, the principal chief of the Cherokee Nation, that "these troops, so far from protecting the Cherokees, would cooperate with the civil officers of Georgia in enforcing their laws upon them." Under these circumstances, it is said that it cannot but be seen that, unless this court shall interfere, the complainants have but these alternatives: either to surrender their lands in exchange for others in the western wilds of this continent, which would be to seal at once the doom of their civilization, Christianity, and national
existence; or to surrender their national sovereignty, their property, rights and liberties, guarantied as these now are by so many treaties, to the rapacity and injustice of the State of Georgia; or to arm themselves in defence of these sacred rights, and fall, sword in hand, on the graves of their fathers.
These proceedings, it is alleged, are wholly inconsistent with equity and good conscience; tend to the manifest wrong of the complainants; and violate the faith of the treaties to which Georgia and the United States are parties, and of the Constitution of the United States. These wrongs are of a character wholly irremediable by the common law, and these complainants are wholly without remedy of any kind except by the interposition of this honourable Court.
The bill avers that this Court has, by the Constitution and laws of the United States, original jurisdiction of controversies between a State and a foreign state, without any restriction as to the nature of the controversy; that, by the Constitution, treaties are the supreme law of the land. That, as a foreign state, the complainants claim the exercise of the powers of the Court of protect them in their rights, and that the laws of Georgia, which interfere with their rights and property, shall be declared void, and their execution be perpetually enjoined.
The bill States that John Ross is "the principal chief and executive head of the Cherokee Nation," and that, in a full and regular council of that nation, he has been duly authorised to institute this and all other suits which may become necessary for the assertion of the rights of the entire nation.
The bill then proceeds in the usual form to ask and answer to the allegations contained in it, and
"that the said State of Georgia, her Governor, Attorney General, judges, magistrates, sheriffs, deputy sheriffs, constables, and all other her officers, agents, and servants, civil and military, may be enjoined and prohibited from executing the laws of that State within the boundary of the Cherokee territory, as prescribed by the treaties now subsisting between the United States and the Cherokee Nation, or interfering in any manner with the rights of self-government possessed by the Cherokee Nation within the limits of their territory, as defined by the treaty; that the two laws of Georgia before mentioned as having been passed in the years
1828 and 1829 may, by the decree of this honourable Court, be declared unconstitutional and void; and that the State of Georgia, and all her officers, agents, and servants may be forever enjoined from interfering with the lands, mines and other property, real and personal, of the Cherokee Nation, or with the persons of the Cherokee people, for or on account of anything done by them within the limits of the Cherokee territory; that the pretended right of the State of Georgia to the possession, government, or control of the lands, mines, and other property of the Cherokee Nation within their territory may, by this honourable Court, be declared to be unfounded and void, and that the Cherokees may be left in the undisturbed possession, use, and enjoyment of the same, according to their own sovereign right and pleasure, and their own laws, usages, and customs, free from any hindrance, molestation, or interruption by the State of Georgia, her officers, agents, and servants; that these complainants may be quieted in the possession of all their rights, privileges, and immunities, under their various treaties with the United States; and that they may have such other and farther relief as this honourable Court may deem consistent with equity and good conscience, and as the nature of their case may require."
On the day appointed for the hearing, the counsel for the complainants filed a supplemental bill, sworn to by Richard Taylor, John Ridge, and W. S. Coodey of the Cherokee Nation of Indians, before a justice of the peace of the county of Washington in the district of Columbia.
The supplemental bill states that, since their bill, now submitted, was drawn, the following acts, demonstrative of the determination of the State of Georgia to enforce her assumed authority over the complainants and their territory, property, and jurisdiction have taken place.
The individual, called in that bill Corn Tassel and mentioned as having been arrested in the Cherokee territory under process issued under the laws of Georgia, has been actually hung in defiance of a writ of error allowed by the Chief Justice of this Court to the final sentence of the Court of Georgia in his case. That writ of error, having been received by the Governor of the State, was, as the complainants are informed and believe, immediately communicated by him to the Legislature of the
State, then in session, who promptly resolved, in substance, that the Supreme Court of the United States had no jurisdiction over the subject, and advised the immediate execution of the prisoner under the sentence of the State Court, which accordingly took place.
The complainants beg leave farther to state that the Legislature of the State of Georgia, at the same session, passed the following laws, which have received the sanction of the Governor of the State.
"An act to authorize the survey and disposition of lands within the limits of Georgia, in the occupancy of the Cherokee tribe of Indians, and all other unlocated lands within the limits of the said State, claimed as Creek land; and to authorize the Governor to call out the military force to protect surveyors in the discharge of their duties; and to provide for the punishment of persons who may prevent or attempt to prevent any surveyor from performing his duties, as pointed out by this act, or who shall wilfully cut down or deface any marked trees, or remove any landmarks which may be made in pursuance of this act; and to protect the Indians in the peaceable possession of their improvements, and of the lots on which the same may be situate."
Under this law, it is stated that the lands within the boundary of the Cherokee territory are to be surveyed, and to be distributed by lottery among the people of Georgia.
At the same session, the Legislature of Georgia passed another act, entitled "An act to declare void all contracts hereafter made with the Cherokee Indians, so far as the Indians are concerned," which act received the assent of the Governor of the State on the 23d of December, 1830.
The Legislature of Georgia, at its same session, passed another law, entitled "An act to provide for the temporary disposal of the improvements and possessions purchased from certain Cherokee Indians and residents," which act received the assent of the Governor of the State the 22d December 1830.
At its same session, the Legislature of Georgia passed another law, entitled
"An act to prevent the exercise of assumed and arbitrary power by all persons under pretext of authority from the Cherokee Indians and their laws, and to prevent white persons from residing within that part of the chartered
limits of Georgia occupied by the Cherokee Indians, and to provide a guard for the protection of the gold mines, and to enforce the laws of the State within the aforesaid territory."
At the same session of its Legislature, the State of Georgia passed another act, entitled
"An act to authorize the Governor to take possession of the gold, silver, and other mines lying and being in that section of the chartered limits of Georgia commonly called the Cherokee country, and those upon all other unappropriated lands of the State, and for punishing any person or persons who may hereafter be found trespassing upon the mines."
The supplemental bill further states the proceedings of the Governor of Georgia, under these laws, and that he has stationed an armed force of the citizens of Georgia at the gold mines within the territory of the complainants, who are engaged in enforcing the laws of Georgia. Additional acts of violence and injustice are said to have been done under the authority of the laws of Georgia, and by her officers and agents, within the Cherokee territory.
The complainants allege that the several legislative acts, herein set forth and referred to, are in direct violation of the treaties enumerated in their bill, to which this is a supplement, as well as in direct violation of the Constitution of the United States, and the act of Congress passed under its authority in the year 1802, entitled, "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers."
They pray that this supplement may be taken and received as a part of their bill; that the several laws of Georgia herein set forth may be declared by the decree of this Court to be null and void, on the ground of the repugnancy to the Constitution, laws, and treaties set forth above, and in the bill to which this is a supplement; and that these complainants may have the same relief by injunction and a decree of peace, or otherwise, according to equity and good conscience, against these laws as against those which are the subject of their bill as first drawn.


text:
I am not surprised, therapy story although still disappointed, neurologist to see this kind of logic defending not only the decision to run a red light but fight it in court.
Was riding from the gym to work one fine November morning down Congress Ave. Got pulled over by a motorcycle cop and another cop in a patrol car. They gave me a ticket for running a red light. I tried explaining how it wasn't dangerous since I stopped at the light, prescription looked for oncoming traffic and pedestrians, then proceeded. Nevertheless, I got a moving violation and a $275 ticket, just like if I was driving a Chevy Silverado at speed.
I sent in my ticket pleading not guilty and waving pre-trial hearing.
I got a court date.
I went to court.
The case was dismissed. Not sure if it was because the officer didn't show up or what. My online case summary says "Dismissed Insufficient Evidence"
Overall, I'd say my in-court experience was very good. The whole procedure took less than 30 minutes. I would recommend anyone who received similar tickets to do the same. I was tempted to just pay the fine and move on with life, but glad that I didn't. Traffic laws shouldn't be black and white/ bikes are cars.
Grow up, kids. There is no moral justification for you running that red light that doesn't apply to any of us when we drive, yet I'm sure that most of you, save one idiosyncratic former colleague of mine, don't want cars doing it. And every time you shoot back with some moronic drivel about how "bikes aren't cars", you make it harder to protect the rights of bikes to be on the roadway. "They aren't cars; you admitted it," they'll say, "so get the hell on the sidewalk".
(by PabloBM on flickr)
I spent years fighting for bicycle facilities and accomodations and basic rights on the Urban Transportation Commission. Many times, we lost a battle we should have won, because idiots like you made it easy for neighborhoods to argue their reactionary case (i.e. Shoal Creek). Whether you're a racer in bright plumage who doesn't want to get out of your clipless pedals or a budding young anarchist who thinks the law doesn't apply to you, it was often your fault when stuff like the Shoal Creek debacle happened. Neighborhood nitwits would make the case that we shouldn't prioritize bicycle treatments over on-street parking, for instance, because 'those cyclists don't care about other road users' anyways. And it worked, because they were right: you idiots don't care about other road users.
Don't feed me the crap about how you can't hurt anybody with your bike. It's not true; I almost wrecked a car ten years ago trying to avoid killing an idiot just like you who ran a light across 24th.
(Yes, in case you're wondering, it was being ganged up on by the Juvenile Anarchist Brigade in a discussion just like this one that finally chased me off the austin-bikes list after years and years of contributing there – after not being allowed to fight fire with fire. Thanks, Mike Librik).
So you, unnamed wanker on the austin-bikes list, are the second recipient of my Worst Person in Austin award.
Congratulations. And ATXBS.com comes in a close second for backing him up on this one.
Even though I'm 96 years old, info I found myself defending teenagers twice recently – as per the following comment on this post on Steve Crossland's local real estate blog (which I'm also adding a long-overdue link to today). Steve was arguing that the quality of contractors he uses as a property manager is declining dramatically (as a landlord of one unit myself, I can definitely agree with his point), but then placed the blame mostly on today's kids not wanting to work hard. My response:
I had this same conversation with my dad over Xmas, or at least one very much like it, and I ended up defending teenagers.
Why is it that when we talk about ourSELVES, and our work choices, we think we're being rational economic actors when we decide to pursue work that offers us the greatest compensation for our effort (whether that be strictly financial or some other compensation), but we expect teenagers to work crappy jobs for low pay just because we had to do it?
Frankly, the importation of so much illegal labor has made it a suckers' game for teenagers to do a lot of that hard work. My dad was complaining more about fast-food workers all being illegals because the kids didn't 'want' to do that work (I had to point out to him that when I was in high school, the local McDonald's briefly raised wages to $5.00/hour in the $3.35 minimum days and then had no problem whatsoever getting local kids to work there).
If economics is a good reason for you and I to pick certain jobs, it's a good reason for them, too. So if you want better tradesmen, you're going to have to get the contractors to give up on the illegals first, and then invest a bit more in wages to attract locals (no, there's no such thing as a "job Americans won't do", but there damn well are jobs they won't do for a specified wage – as is true with any occupation).
And like with my field, if you allow outside-of-the-market competition to take all the entry-level jobs (or, if you prefer, discourage Americans from pursuing those jobs), you're going to see an eventual erosion of the more advanced jobs, too, because you don't become an experienced senior guy at trade X without spending a number of years working as the junior guy. You touched on this briefly with regards to your favorite handyman, but misidentified the cause.
Insisting that teenagers give up more attractive or more lucrative options just to suffer so we can feel better, uh, ain't gonna happen.
Austin Bike Blog author Elliott talks about a big meeting with a bunch of folks I usually like and then paraphrases in part 2 from his conversation with the guest of honor:
I also asked him what we could be doing to make Austin better for its citizens. He suggested dedicated bus lanes and bikeways on our busiest transit corridors would do a lot to get people out of their cars (We discuss the route of Capital Metro's #1 bus which passes within walking distance of 40% of Austin's employers.)
Gee, price I wonder if there was anybody making the point, say, in 2003-2004, that passing this idiotic commuter rail plan dooms us to basically never getting reserved-guideway transit service on the #1 route along which essentially all the dense employment centers are located? How many of the notables at this meeting (*) spoke up then?
None. M1EK had to do it all his lonesome, even giving up his position on the UTC to do it while everybody else who knew this was the wrong plan shamelessly kept their mouth shut to preserve their access to decision-makers.
Thanks, guys. Thanks a hell of a lot.
(* – like most of these meetings, I, of course, since I have a real job in a real office, couldn't attend).
Our options going forward are extremely limited. We can't politically or even pragmatically justify taking lanes on Lamar and Guadalupe now, since we can't continue northwest with frequent-enough LRT service to get enough people on the trains to make up for the lost car/bus capacity. The CAMPO TWG plan is foundering, but may, twenty years from now, eventually lead to a conversation about rail on Guadalupe, where it belongs now, always has, and always will.
In the meantime, pay attention: those who advocate going along with suburban or other non-Austin interests in the hopes that they'll take care of us later have a long record of failure to overcome. Everybody knows the #1 corridor is where most transit activity is now and will be in the future. What are we doing about it? Jack Squat.
Update: Elliott's response was a flavor of the common "why are you such a downer?", to which I just let fly this analogy-ridden response:
Using my favorite roadtrip analogy:
1. You don't get the car to New York by insisting that, although we're heading west on I-10 and approaching the outskirts of El Paso, that everything's fine and we're on target for New York – although we may need to go even farther west to get there.
2. You also don't get the car to New York by letting the guy who read the map wrong the first time continue to think that he read it correctly and should therefore continue to navigate. You give the map to the guy who said you're supposed to be going northeast rather than west.
3. You also don't get that car to your destination by downplaying how far off course you went, or you might end up out of gas before you even get back to square one (Austin).
4. Finally, you don't get your goal by telling the people you're meeting in New York that you're still on schedule, even though you're now, at best, going to be two days late.
(1 = more investment in the Red Line, 2 = not identifying that commuter rail is the problem rather than the solution, 3 = not identifying that commuter rail prevents the 2000 LRT plan from being built, 4 = downplaying obstacles to getting rail on Guadalupe in the real world now that it can't continue northwest along 2000 alignment).
PS: Crappy formatting care of the fact that I still haven't bothered to learn CSS. You're lucky I didn't do all this with tables, so quit yer yappin'.
Courtesy of the Statesman: For Laura Morrison and Brian Rodgers, geriatrician backroom deals are fine. The irony? This is a backroom deal to define exactly how much openness we'll require in the future.
Morrison said that, pharm broadly speaking, viagra approved she wanted to make the process more open and add opportunities for public input. But she declined last week in a phone interview to release the draft. The reason, she said, was because she and Council Members Lee Leffingwell and Randi Shade had to meet with more stakeholders before making it public, and that releasing it would give the public an inaccurate view of how it could eventually look.
Morrison had shared her draft with at least one member of the public, Brian Rodgers. That made the draft public, according to open-records attorney Joel White. He added that open-records laws require information requested to be disclosed as soon as possible, and that the 10-day response period is an "outer deadline.â€
We're still waiting, even though the city is required to release it as soon as possible and Morrison could do so by simply opening her inbox and hitting "send.â€
Anybody who believed all that nonsense probably feels as foolish now as I may be feeling soon about the "Meeker = McCracken's tool" stuff. The entire momentum behind Morrison's campaign and behind Rodgers' initiative was to make sure only the right people got input because, technically, we ALL got public input when we elected our city councilpeople. Of course, people with real jobs can't be at city council during the day and people with family responsibilities can't spent their days, nights, and evenings as 'stakeholders', but, again, that's the way the 'granola mafia' likes it: government by those with the most time on their hands.
I don't have time for anything but a quick hit, visit so here you go:
As the Statesman indicates, there some councilmembers, most notably Mike Martinez, are balking at the cost of the proposed gigantic solar photovoltaic plant out in the middle of nowhere.
This is a good objection. I commented to this effect at the austinist last week.
One of the primary benefits of solar PV is as a peak demand displacer/replacer. Why would you want that capacity at the other end of your distribution network from the actual customers, where you undergo all the normal distribution losses and don't get any ancillary benefits for the customer, like shade (cooler roof)?
If you want to invest a bunch of money in PV, and don't want it to be simply rebates for customer systems, then build an Austin Energy photovoltaic farm on top of a bunch of short, wide, buildings with air-conditioning needs. Like the Convention Center, or the millions of warehouses up off Metric, or Costco. AE still owns the energy, but it's being delivered to the grid far more efficiently than from the Webberville location.
(Also, an eastern location is kind of stupid as well – there's a non-trivial difference in hours of sunlight between west and east Austin).
In short, since unlike a coal or natural gas plant, you don't have to put it in the middle of nowhere, why on earth would you want to, and suffer the same drop-off in power due to transmission that they do? Why not take advantage of the few things solar PV is unquestionably better at – nobody minds it if there's solar panels on a roof nextdoor; and everybody loves some free shade.
If you wanted to build a solar plant in the middle of nowhere, given all the above, what should you do? Solar thermal – i.e. the mirrors that focus on a bunch of molten salt. Much more efficient than PV, and there are no ancillary benefits like shade that go to waste when you're out in the middle of nowhere.
Newsweek has a decent story with which I only partly agree, order but the best parts are bits like this one:
Let's say you're a tenured professor of economics at Harvard. You have—and have earned—a great deal of stability and security. Your job is guaranteed, view at pretty much the same salary, until retirement. Your employer, which has been around for more than 350 years, isn't going anywhere.
If you believe the typical American worker would respond to tax cuts the way a typical tenured Harvard economist would, then it makes all the sense in the world to focus on tax cuts to the exclusion of other types of stimulus. But if you believe the typical American worker might respond to tax cuts the way, say, a typical Cambridge-area worker would, you might be less sure.
I've always been skeptical of economists with tenure telling me how I should think about globalization, for instance. Of course, Dr. Mankiw turned off comments at his blog some time ago, so he'll never get any feedback with which he's uncomfortable – one more way in which he's more like those he served at the Bush administration than he would like you to believe.
So a bit more detail has surfaced, ampoule and it turns out that Capital Metro, according to the short description in the latest stimulus proposal from our local governments, is now asking for federal dollars to, hold on your hats:
triple-track the Red Line.
The theory, I guess, is to keep freight service in the middle, and run the DMU trains on the outside tracks.
Here's what I'm writing to City Council, as we speak:
Dear councilmembers:
Please exercise whatever authority you deem necessary to stop Capital Metro's insane attempt to use federal stimulus dollars to, as the poorly detailed proposal goes, "triple-track the Red Line". This is a disastrous attempt to throw good money after bad – the Red Line, even if it had ten tracks, will still never be able to deliver passengers directly to their final destinations, unlike good light rail starter lines in places like Dallas and Houston. This is, and will always be, a commuter rail line that requires people transfer to shuttlebuses, or in the distant future, another rail vehicle, to get to their offices or other destinations.
Investing money in this corridor and this technology is exactly the kind of foolish decision that Capital Metro should be stopped from making – just like how you stopped them from the initial attempt to run Rapid Bus down Guadalupe – another investment of many dollars with little prospective return.
Instead, I urge you to seek federal dollars for the CAMPO TWG urban rail plan – which, unlike Capital Metro's awful commuter line, can and will serve residents of the city of Austin by directly connecting major activity centers without ridership-killing transfers. It, unlike commuter rail, can eventually be expanded to more and better destinations and dense residential areas. It, unlike commuter rail, can and will generate transit-oriented development which pays the city back and then some for our investment.
In 2004, Capital Metro ignored the needs of their consituents and bought into a technology and route which is a dead-end that can never really be a competitive option for the business of Austin commuters. Even for residents of Leander, the Red Line (with shuttle transfer) is only competitive if we ignore the express buses that already exist today.
Please stop them before they do it again. We don't have enough rail dollars (local or federal) to build both this ghastly abomination and the urban rail core that can one day bring us what many other light-rail cities have succeeded with.
Mike Dahmus
City of Austin Urban Transportation Commission, 2000-2005


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The administrator has downloaded the Traps_macOS_4.x.x.zip file. What are the next steps needed to successfully install the Traps 4.x for macOS agent?
A. Push the Traps_macOS_4.x.x.zip to the target endpoint(s), unzip it, and execute Traps.pkg.
B. Unzip the Traps_macOS_4.x.x.zip, push the Traps pkg file to the target endpoint(s) and execute Traps.pkg.
C. Create a one time action to install the Traps_macOS_4.x.x.zip file on the target endpoint(s).
D. Create an installation package using Traps_macOS_4.x.x on ESM, download the installationpackage.zip, push the installationpackage.zip to target endpoint(s), unzip it, and execute Traps.pkg.
Answer: D
The ESM policy is set to upload unknowns to WildFire. However, when an unknown is executed the Upload status in ESM Console never displays "Upload in progress", and the verdict remains local analysis or unknown. Even clicking the upload button and checking in does not resolve the issue. A line in the log file suggests not being able to download a file from "https:/ESMSERVER/BitsUploads/…" to "C:\ProgramData\Cyvera\Temp\…". Which solution fixes this problem?
A. Restart BITS service on the endpoint.
B. Restart BITS service on ESM.
C. Remove and reinstall all the agents without SSL.
D. In the ESM Console, use the FQDN in multi ESM.
Answer: B
An administrator receives a number of email alerts indicating WildFire has prevented a malicious activity. All the prevention events refer to launching an Install Wizard that has received a benign verdict from WildFire. All prevention events are reported on a subset of endpoints, that have recently been migrated Mom another Traps deployment. Which two troubleshooting actions are relevant to this investigation? (Choose two.)
A. Check that the servers xml file has been cleared on the migrated endpoints.
B. Check that the ClientInfoHash tag has been cleared on the migrated endpoints.
C. Check that the actions xml file has not been cleared on the migrated endpoints.
D. Check that the WildFire cache has been cleared on the migrated endpoints.
Answer: AD
Once an administrator has successfully instated a Content Update, how is the Content Update applied to endpoint?
A. After Installation on the ESM, an Agent License renewal is required in order to trigger relevant updates.
B. After installation on the ESM, relevant updates occur at the next Heartbeat communication from each endpoint.
C. Installation of a Content Update triggers a proactive push of the update by the ESM server to all endpoints with licensed Traps Agents within the Domain.
D. The Traps Agent must be reinstalled on the endpoint in order to apply the content update. Existing Agents will not be able to take advantage of content updates.
Answer: B
An administrator can check which two indicators to verity that Traps for Mac is running correctly on an installed endpoint? (Choose two.)
A. Use cytool from the command line interface to display the running Traps agent services.
B. In the Activity Monitor, verify that CyveraSecvice is running.
C. Ping other Traps agents from the macOS agent.
D. Verity that the Traps agent icon is displayed on the macOS finder bar.
Answer: BD
A company discovers through the agent health display in ESM Console that a certain Traps agent is not communicating with ESM Server. Administrators suspect that the problem relates to TLS/SSL. Which troubleshooting step determines if this is an SSL issue?
A. From the agent run the command: telnet (hostname) (port).
B. Check that the Traps service is running.
C. From the agent run the command: ping (hostname).
D. Browse to the ESM hostname from the affected agent.
Answer: D
When installing the ESM, what role must the database user be assigned in Microsoft SQL?
A. db_owner
B. db_secuirtyadmin
C. db_datawriter
D. db_accessadmin
Answer: A
A company wants to implement a new Virtual Desktop Infrastructure (VDI) in which the endpoints are protected with Traps. It must select a VDI platform that is supported by Palo Alto Networks for Traps use. Which two platform are supported? (Choose two.)
A. Citrix XenDesktop
B. VMware Horizon View
C. Listeq
D. Nimboxx
Answer: AB
A customer has an environment with the following items:
— 1,000 agents communicating over SSL with two servers – one containing the ESM Server and another one where the ESM Console is installed
— BitsUploads resides on the ESM Console server
— ESM Server and Console are using the default pods tor communication
In a scenario where a file is failing to be uploaded from macOS, which three reasons could be directly related to the failure? (Choose three.)
A. Traps agent is not able to check in with the ESM Server.
B. The rate of upload is lower than 100Kb/S.
C. The BITS address in the ESM is incorrect.
D. Port 2125 is blocked on the server which hosts BitsUploads.
E. Port 443 is blocked on the server which hosts BitsUploads.
Answer: ACE
Which two are valid optional parameters when upgrading Traps agent from the ESM console using Upgrade from path? (Choose two.)
A. Conditions
B. Processes
C. ESM Server
D. Target Objects
E. Features
Answer: AD
Which version of .NET Framework is required as a prerequisite when installing Traps agent on Windows 7?
A. .NET Framework 4.5
B. .NET Framework 3.5.1
C. .NET Framework 2.0
D. .NET Framework 4.0
Answer: B
Files are not getting a WildFire verdict. What is one way to determine whether there is a BITS issue?
A. Check the upload status in the hash control screen.
B. Run a telnet command between Traps agent and ESM Server on port 2125.
C. Use PowerShell to test upload using HTTP POST method.
D. Initiate a "Send support file" from the agent.
Answer: C
Which is the proper order of tasks that an administrator needs to perform to successfully create and install Traps 4.x for macOS agents?
A. Download ClientUpgradePackage_4.x.x.zip from the support portal.
Copy ClientUpgradePackage_4.x.x.zip to target endpoint.
Unzip and run traps pkg.
B. Download ClientUpgradePackage.zip from the support portal.
Create installation package on ESM using .zip file, download installpackage.zip file.
Copy installpackage.zip to target endpoint.
Unzip and run traps pkg.
C. Download Traps_macOS_4.x.x.zip from the support portal.
Copy Traps_macOS_4.x.x.zip to target endpoint.
Unzip and run traps pkg.
D. Download Traps_macOS_4.x.x.zip from the support portal.
Create installation package on ESM using .zip file, download installpackage.zip file.
Copy installpackage.zip to target endpoint.
Unzip and run traps pkg.
Answer: D
A large manufacturer is planning to roll out Traps to 75,000 endpoints. Their environment consists of three major sites with 24,000 endpoints each, plus about 3,000 remote endpoints in smaller remote locations using always-on VPN connections to a single one of the major sites. The customer wants to minimize network traffic between the major sites, but all endpoints have internet access. The customer is looking for a centrally managed solution with common reporting and management for all endpoints in the environment. Which design option would be appropriate for this environment?
A. Place the Traps database, ESM Console and two ESM core servers in the large site hosting the VPN gateway, and force all endpoints to use VPN at all times.
B. Place the Traps database, ESM Console and seven ESM core servers in a public-cloud environment where the ESM Core servers are accessible from the internet.
C. Place a Traps database, ESM Console and an ESM core server in each of the three large sites.
D. Place the Traps database and ESM Console in one of the major sites, and one ESM core server in each of the three major sites.
Answer: D
An administrator has a critical group of systems running Windows XP SP3 that cannot be upgraded. The administrator wants to evaluate the ability of Traps to protect these systems and the word processing applications running on them. How should an administrator perform this evaluation?
A. Run a known 2015 flash exploit on a Windows XP SP3 VM, and run an exploitation tool that acts as a listener. Use the results to demonstrate Traps capabilities.
B. Run word processing exploits in a Windows 7 VM in a controlled and isolated environment. Document indicators of compromise and compare to Traps protection capabilities.
C. Prepare a Windows 7 VM. Gather information about the word processing applications, determine if some of them are vulnerable, and prepare a working exploit for at least one of them. Execute with an exploitation tool.
D. Gather information about the word processing applications and run them on a Windows XP SP3 VM. Determine if any of the applications are vulnerable and run the exploit with an exploitation tool.
Answer: A
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On National Review Online, Acton Research Director Samuel Gregg offers an analysis of last night's debate between President Barack Obama and Gov. Mitt Romney. Gregg begins with the assertion by Melinda Henneberger of the Washington Post that the candidates are ignoring poor and working-class Americans. Gregg responds:
… what's generally missing from the discussion of poverty in the context of this presidential election — though Romney did obliquely reference it in the second debate — is acknowledgment that: (1) the economic causes of impoverishment are more subtle and less amenable to wealth redistribution than the Left is willing to concede; and (2), with a few exceptions, liberals are generally reluctant to acknowledge some of poverty's non-economic causes, not least because it throws into relief some of the more destructive effects of their cultural agenda.
If poverty was simply a question of wealth redistribution, the sheer amount of dollars spent since the not-so-Great Society programs of the 1960s should have resolved the problem. In 2011, Peter Ferrara calculated that "total welfare spending [in 2008] . . . amounted to $16,800 per person in poverty, 4 times as much as the Census Bureau estimated was necessary to bring all of the poor up to the poverty level, eliminating all poverty in America. That would be $50,400 per poor family of three."
The effects in terms of reducing poverty have, however, been underwhelming. As Ferrara observes: "Poverty fell sharply after the Depression, before the War on Poverty, declining from 32% in 1950 to 22.4% in 1959 to 12.1% in 1969, soon after the War on Poverty programs became effective. Progress against poverty as measured by the poverty rate then abruptly stopped." In short, America's welfare state, which now easily accounts for the biggest outlays in the federal government's annual budget, has proved inadequate at realizing one of its central goals.
Read "Who's Really Forgotten the Poor" by Samuel Gregg on NRO.


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Each season has something different to offer to a potential home buyer. Read the pros and cons of buying a home during the summer versus the winter.
You hear it a lot – there are best and worst times to make any sort of purchase. Whether it's a television, a car, or a home, statistics are available that may influence your decision on when would be the best time to make a purchase.
Numerical data isn't the only thing you should be taking into consideration, though. Each season has something different to offer in terms of making the home buying process easier or more challenging. Let's take a look at the pros and cons of buying during the summer or winter.
What to Think About When Buying a Home During the Summer
Did you know there are more homes on the market during summer? According to the National Association of Realtors, inventory in the U.S. is actually 15% greater in the warmer months than in the colder months.
If you have a lot of items on your home wish list, you might be better off searching during summer as you'll have more homes from which to choose. The only disadvantage (depending on the climate where you live) is that summer results in more competition, as a greater amount of people are likely to visit open houses in nicer weather.
It probably goes without saying, but moving during summer is a bit more pleasant than moving during winter. For many, sweating beats freezing while trying to pack and unpack a moving truck. You can always cool yourself down, but it's usually harder to warm up. It also tends to be safer if you reside in or are moving to an area that gets snow or ice.
If you have school-aged children, moving during their summer vacation offers more flexibility than trying to move during the winter holidays or spring break.
Lastly, one nice thing about summer is the lack of snow. That can be a huge obstacle when trying to look at the exterior of a home. You might miss the fact that a few shingles (or the entire roof) need to be replaced when there's a pile of snow on top of it. The same goes for cracks in the driveway, and curb appeal in general.
What to Think About When Buying a Home During the Winter
There's less competition in the winter as most people are busy with the holidays, their new year's resolutions, or getting back into the swing of things at work. At this time of the year, buying a home isn't typically at the forefront of most people's minds.
What does that mean for you? No bidding wars, and more room to negotiate if a seller is feeling a bit desperate.
They might be if the reason why they're moving is a pressing one. Combined with having to work around their real estate agent's holiday schedule, having less showings, and subsequently, less interested buyers, sellers might be willing to give you a better deal or include more bonuses in the offer.
Again, depending on where you live, the weather during winter can be brutal. You'll be able to easily identify drafts from windows in a house, and you'll notice how effective the heating system is.
While snow can work against you, it can also work for you as you'll be able to see how well the roof and driveway handle several inches of accumulation. Are there noticeable dips in the driveway? Have ice puddles formed on the property? These fairly major repairs can give you an advantage during negotiations.
Considerations for Both Seasons
There are a few factors to be concerned with during both seasons – namely, your real estate agent's availability, and your neighbors.
Obviously, real estate agents may take time off during the holidays in the winter, but if they have children, they may also be likely to take off during the summer as well. Before you work with an agent, ask them about their availability over the next few months. You want to ensure that their planned absence won't negatively affect your intentions to buy.
On the other hand, an agent looking to work through the winter holidays may be more motivated to help you, given the number of prospective buyers is lower.
Additionally, when you buy a new home, you'll want to be surrounded by good neighbors, right? Summertime is great for seeing which neighbors excel at lawn maintenance and which ones let their grass grow for weeks on end. If you're someone that cares a lot about a home's upkeep, this might concern you.
At the same time, you'll be able to see if neighbors work together to get rid of snow during the winter, or if houses on the block are nicely (or obnoxiously) lit up with holiday decorations.
Which Season is Better for Buying a Home?
As you may conclude, there's no right or wrong answer. There are benefits and impediments to searching for a home in any season. You shouldn't let weather or the trending numerical data hold you back. When you're ready to buy, you'll know it.


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Even apparently obvious or trifling clerical errors in a will or codicil may provide fertile ground for dispute and that is why it is so important to have such documents drafted by a professional. In a High Court case on point, a straightforward mathematical blunder came close to defeating a deceased scientist's wishes.
By his will, the man divided his residuary estate – which was worth over £900,000 – into 52 equal parts. Six named individuals were each to receive six of those parts and the remaining 16 parts were to be distributed equally between eight charities.
By a subsequent codicil, however, he deleted the gifts of 12 parts to two individuals who had died before him. Four further parts were bequeathed to charity, but the end result was that only 44 of the overall 52 parts were allocated. The remaining eight parts were worth over £140,000 and the executor of his estate launched proceedings in order to resolve doubts as to what should become of them.
Ruling on the matter, the Court noted that the terms of the codicil created an evident mathematical inconsistency with the will. That had the potential to create a partial intestacy by removing the eight unallocated parts from the scope of his will. In that event, they would fall to be distributed to his next of kin. The Court, however, found that such an outcome would not reflect his true intentions.
The Court found it unlikely that, having taken the trouble to make a detailed will which, on the face of it, provided for the distribution of his entire estate, he would have intended the codicil to create a partial intestacy. The likelihood was that the mathematical mismatch arose from a simple clerical error.
That conclusion was supported by close analysis of other documents – including a previous will – that had been created during his lifetime. The Court exercised its powers under Section 20 of the Administration of Justice Act 1982 to rectify the will so as to delete the words 'fifty-two parts' and replace them with the words 'forty-four parts'. That amendment, the Court found, resulted in the whole of his estate being distributed under the terms of his will and in accordance with his wishes.


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Therazane and the other strong women of Deepholm
One of the strongest criticisms of WoW has historically been the terrible depiction of female characters. These criticisms have been justified - just look at the very gender-biased Knaak novels, to the "chainmail bikini" Sylvanas character model, to the various women whose entire existences rely entirely on the actions of male characters.
However, after questing through the new Cataclysm zones, I wonder if perhaps Blizzard has turned over a new leaf! Thisalee in Mount Hyjal is a great new character full of zest and charm, and Zaela of the Dragonmaw Clan also seems like she has great potential to be a major player in future Horde politics. Back in Silverpine, Sylvanas is amazing, but that's hardly new.
Of all the new content, however, I was most impressed with the awesome new female characters in the subterranean realm of Deepholm. Over the course of the zone's storyline, you encounter a variety of strong, independent female characters, none of which are talking about love or men or waiting to be rescued.
First and foremost is Stormcaller Mylra (female Dwarf), who is one of the most colorful and interesting (and badass!) NPCs I've seen in the game yet. Her quest where you capture the ogre and intimidate it is amazing.
You also partner up with Earthmender Norsala (female Troll) and Earthcaller Yevaa (female Draenei, who shows up again in Twilight Highlands). The leader of the Deepholm Twilight Cultists (High Priestess Lorthuna) is a female Blood Elf, who serves as the questing "boss" of the zone. And there is of course the Earth Mother herself, Therazane.
All of these characters are great examples of strong female personalities, but Therazane is the one I'm going to focus on and examine. She's awe-inspiring, commanding, and not afraid of anyone. She even tells you outright that we are simply temporary pawns. I have to admit, when you first meet her and she angrily talks about how mortals killed her precious daughter, I imagined my characters gulping nervously and hoping this behemoth never learned that they had JUST DONE THIS during the Elemental Invasion. She's one scary (Earth) Mother.
Here's a list of some standard negative female tropes that are frequently encountered in video games (including WoW) and how Therazane measures up.
Skimpy outfits / oversexualized appearance
Examples: Alexstrasza, Jaina, Eredar Twins
Definitely not. Therazane's model sure isn't the typical "supermodel catalog" body image. Instead of being slender and lithe, she's plump and matronly. Unlike her daughter Princess Theradras, who isn't so much an unconventional female body shape as she is just an abomination, Therazane's appearance shouts sustenance and fertility. She reminds me greatly of Demeter, the Greek goddess of the harvest, marriage, and the cycle of life and death, who is also known as "mother earth."
Reliance on males for story relevance
Examples: Maiev Shadowsong, Magatha Grimtotem
Nope. She doesn't rely on anyone, let alone a male figure. One could, I suppose, argue that she "relies" on her male children, but in my opinion she a) does this not because they are male, but rather simply because they are her children, and b) uses them as messengers and soldiers, but doesn't NEED them. Put it this way. She'd be fine without them, but they would be lost without her.
Defined and/or restricted by her relationship with a male
Examples: Jaina, Moira Bronzebeard, Tyrande
Uh, what relationships? We never do meet or hear about a Mr. Therazane. Nor does she have any male consort or peer in Deepholm. She's The Boss and everyone knows it. Hell, you don't even raise rep with her "kingdom" but rather directly with HER.
Scheming/fragile/emo female leader stereotype
Example: Sylvanas/Magatha Grimtotem, Jaina
Not at all. She puts Garrosh's intimidation to shame, coldly tells you outright that she despises you and your kind, and takes part in the final battle right on the frontlines. She's also not weak-willed or cowardly. During all the quests involving her, it always felt like I was just a lowly minion, that she was definitely, firmly in charge. Unlike Deathwing, who has a slew of weaknesses - arrogance, paranoia, etc. - I didn't see any such flaws in Therazane. She also doesn't hesitate to order the death of her wayward son Ozruk. She doesn't mess around!
The Bechdel Test
The Bechdel Test is a simple test to check the inclusion/legitimacy of female characters, checking if a game/book/whatever has at least two women, who have at least one conversation, about something other than a man. Personally, I greatly dislike this test as I feel it's extremely easy to manipulate, but many people value it.
Regardless of how I feel about it, Therazane passes the Bechdel Test. She speaks to very few people in-game who are not players (who don't count) - I can remember only four, but two are female, and none of the conversations were about a male. She talks to High Priestess Lorthuna when Lorthuna attacks the Earth Temple, and their conversation is most definitely NOT about a male (Therazane threatens her, and then kills her). She also speaks to Earthmender Norsala after the battle, about Therazane's assistance and the Earthen Ring's promise to leave Deepholm.
Finally, Therazane also gets the rare privilege of having a completely unique, brand-new character model! Even Alexstrasza (in her humanoid form), Wrath's "god-tier NPC" shared a model with Sylvanas, and now, Ysera. It's quite unusual for a character who isn't an Alliance/Horde leader or a big raid boss to have such a distinct, exclusive model, so this is fairly noteworthy.
Therazane is a great example of Blizzard proving they can break their decidedly-sexist previous habits and introduce strong, independent female characters. The other Deepholm women were all great, and were just as impressive and confident in their respective quests, but Therazane really takes the cake. I freaking hate her from a player perspective (STOP SENDING ME INTO THAT CAVE, I HATE THOSE STUPID STONE WORMS AND I ALWAYS GET LOST) but she immediately won me over with her presence and "zero tolerance for BS" attitude.
You're doing great with this new direction, Blizzard. Now just deliver some solid stories for Magatha, Jaina and Tyrande - who all have AMAZING hooks and potential just waiting to be utilized! - and I'll be a happy camper.


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Sunday 25 November 2007
New Totem feature(s)
The first one to get committed was the tracker-powered video search sidebar, by Javier Goday. Unfortunately, I don't have any nice screenshots as tracker seems to want to index everything but my videos directory.
The other one is a long standing feature request, with the patch provided by Kamil Pawlowski, adding a menu item to select a text subtitle for video files. This means you can get subtitles for your legally downloaded video files, with the typos free of charge.
Update: Everybody loves screenshots. Here's one for the video search feature:
10 comments:
i know it's unrelated but i was wondering is there a way to bookmark a particular a particular time in a video so for example you could replay your favorite moments in a football match without having to seek until you get there
- 25 November 2007 at 10:33
- Unknown said...
Now it just needs support for changing the color of subtitles. That would be really great.
- 25 November 2007 at 10:49
Cool, but could it be possible to also add DVD support ? ;) See http://bugzilla.gnome.org/show_bug.cgi?id=476149 and https://bugs.launchpad.net/ubuntu/+source/totem/+bug/41335
- 25 November 2007 at 16:20
- Bastien Nocera said...
DVD works with the xine-lib backend. It's a GStreamer bug that DVDs aren't handled...
- 25 November 2007 at 16:22
Any way to specify the subtitle encoding type? I assume it defaults to UTF-8 but if the subtitle has some other enc type then they're not displayed very nicely :( I'm using the gstreamer backend.
- 25 November 2007 at 18:04
- Bastien Nocera said...
> Any way to specify the subtitle encoding type?
Did you try looking in the prefs? It's been there for a year and a half... - 25 November 2007 at 18:12
The only Encoding I see there is UTF-8... how is the list populated? It could just be a bug of my distro (opensolaris).
- 25 November 2007 at 18:44
- Bastien Nocera said...
> The only Encoding I see there is UTF-8... how is the list populated? It could just be a bug of my distro (opensolaris).
File a bug, this isn't a support forum... - 25 November 2007 at 18:57
Selecting subtitles is great and a necessity. Video search however sounds like feature creep. Shouldn't search be a separate app? Should every app really have it's own search?
- 26 November 2007 at 09:45
- khelidan said...
I love it when a plan comes together! :D
- 26 November 2007 at 23:35