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Subscribe to Cases that cite 170 U. S. 468U.S. Supreme Court
Vance v. W. A. Vandercook Co. , 170 U.S. 468 (1898)
Vance v. W. A. Vandercook Company (No. 2)
No. 515
Argued March 9-10, 1898
Decided May 9, 1898
In determining from the face of a pleading whether the amount really in dispute is sufficient to confer jurisdiction upon a court of the United States, it is settled that if, from the nature of the case as stated in the pleadings, there could not legally be a judgment for an amount necessary to the jurisdiction, jurisdiction cannot attach even though the damages be laid in the declaration at a larger sum.
The courts of South Carolina having held that in an action of trover, consequential damages are not recoverable, and the damage claimed by the plaintiff below in this case, omitting the consequential damages, being less than the sum necessary to give the circuit court jurisdiction of it, it follows that, on the face of the complaint, that court was without jurisdiction over the action. chanrobles.com-red
The appellee, a corporation of the State of California, began this action against the present plaintiffs in error, citizens of the State of South Carolina, averring the alleged wrongful seizure by the defendants Bahr and Scott at a railroad depot in the City of Charleston, South Carolina, of packages of wines and brandies, the property of the plaintiff. It was averred that, at the time of the seizure, the liquors were in the custody of a common carrier, under a shipment from San Francisco to the agent of the plaintiff at Charleston, who was to make delivery of each package to a particular individual, who, prior to the shipment, had given an order for the same. Averring that the defendant Vance had, subsequently to the seizure, and with knowledge of its wrongful nature, received said packages into his custody, it was further alleged that demand had been made for the return of the property seized, that it was still detained, and that plaintiff was entitled to the immediate possession thereof. Judgment was prayed against the defendants for the recovery of possession of the packages or their value, alleged to be one thousand dollars in case delivery could not be had, and for damages in the sum of ten thousand dollars. There was an allegation of special damage, to-wit:
"That by said malicious trespass of said defendants and their continuation in the wrongful detention of said sixty-eight packages of wine, the plaintiff has been greatly injured in its lawful trade and business with the citizens and residents of the State of South Carolina, to its great hurt and damage, in the breaking up of such trade and commerce."
Itemized lists of the packages were attached as exhibits to the complaint.
It was also alleged that the defendants claimed that the acts by them done were performed under the authority of a law of South Carolina designated as the "Dispensary Law," and it was charged that the statute was void because in conflict with the Constitution of the United States. It was, moreover, averred that the forcible seizure and carrying away of the packages, and the detention thereof, were done
"knowingly, wrongfully, willfully, and maliciously, with intent to oppress and humiliate and intimidate this plaintiff, and make it afraid
to rely upon the Constitution and laws of the United States, and the judicial power thereof, for its protection in those rights, privileges, and immunities secured to the plaintiff by the Constitution and laws of the United States."
It was also alleged that the defendants, by "the said malicious trespass and wrongful retainer," intended to deter and intimidate plaintiff and others from asserting their rights under the Constitution of the United States.
S. W. Vance filed a separate answer, while Bahr and Scott jointly answered. The respective answers set up that the court had no jurisdiction of the action, that the complaint did not state facts sufficient to constitute a cause of action, that, by the provisions of the dispensary law of South Carolina, approved March 6, 1896, the action could not be maintained against the defendants for the reason that the acts complained of were by them performed in the discharge of duties imposed upon the defendants by the said law, and, if the action was maintainable, that there was a misjoinder of causes of action, in that the plaintiff sued for the recovery of the possession of personal property, and also for exemplary damages for the commission of a trespass in taking the same. It was denied that the seizures and detentions complained of were made with the intent to injure or oppress the complainant, and it was also denied that the property was of the value alleged in the complaint or that the plaintiff had been damaged in the sum claimed. It was further specially averred that the packages were seized and detained because the liquors contained therein had not been inspected as required by the provision of an amendment to the Dispensary Law adopted in 1897, and because of a failure to have attached to each package a certificate of inspection, as required by the statute.
By a stipulation in writing, it was agreed that the issues of fact should be tried by the court without a jury. At the trial, as appears by a bill of exceptions allowed by the presiding judge, the court, on the request of counsel for the defendant, passed upon the matters of law heretofore referred to and also upon several propositions of law relied on by the defendants -- that is, that the Dispensary Law was not in conflict with the chanrobles.com-red
Constitution of the United States and was a valid exercise of the police power of the state, particularly by reason of the provisions of the act of Congress of 1890, known as the "Wilson Act." Each of these propositions of law was decided aversely to the defendants, and an exception was noted.
The facts found by the court were
"that the property described in the complaint is the property of the plaintiff, and that the value thereof is the sum of one thousand dollars, and that the damages to the plaintiff from the detention of the said property by the defendants is the sum of one thousand dollars."
And, as matter of law, the court found
"that the plaintiff is entitled to judgment against the defendants for the recovery of the possession of the said property described in the complaint, or the sum of one thousand dollars, value of said property, in case delivery thereof cannot be had, and for the further sum of one thousand dollars damages."
Judgment was entered in conformity with the findings. A writ of error having been allowed, the cause was brought to this Court for review.
MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the Court.
Counsel for plaintiffs in error discuss in their brief the contentions that the circuit court erred in holding that it had jurisdiction of the action, and that there was not a misjoinder of causes of action, and also assert that the court erred in refusing to hold that the Dispensary Law of South Carolina was a valid enactment.
We shall dispose of the case upon the jurisdictional question, as it is manifest that the amount of recovery to which the plaintiff was entitled, upon the construction put upon the complaint by its counsel, and acted upon by the trial court, could not equal the sum of two thousand dollars. chanrobles.com-red
In his brief, counsel for defendant in error says:
"It is clear that the complaint is a case for recovery of personal property, and for damages for its detention. The allegations in the complaint as to the wrongful taking of the property are not by way of stating a cause of action for malicious trespass, but, under the law of the State of South Carolina, are necessary as allegations of wrongful seizure, wrongful taking, and support an action for recovery of personal property and damages for detention, without a previous demand before the suit, and the court, by its judgment, so construed the complaint and gave judgment in conformity to the code. . . ."
"The circuit judge has treated the complaint as an ordinary action for recovery of personal property, and for damages for its detention, and has found the title of the property in the plaintiff, and has found the damages for detention. He has found no other damages. He has found no damages for malicious taking. He has found no damages for malicious trespass. He has found only 'damages for detention.' And those damages, as matter of fact, were testified to as being at least twelve hundred dollars. The circuit judge has found them to be one thousand dollars, and they are conclusive as matters of fact, and are the usual damages accompanying the successful plaintiff who recovers judgment against the defendants for recovery of possession of personal property, and damages incident to wrongful detention. The defendants therefore have no possible cause of complaint."
In determining from the face of a pleading whether the amount really in dispute is sufficient to confer jurisdiction upon a court of the United States, it is settled that if, from the nature of the case as stated in the pleadings, there could not legally be a judgment for an amount necessary to the jurisdiction, jurisdiction cannot attach even though the damages be laid in the declaration at a larger sum. Barry v. Edmunds, 116 U. S. 550, 116 U. S. 560; @ 3 U. S. 407.
As, by section 914 of the Revised Statutes of the United States, the practice, pleadings, and forms and modes of proceeding chanrobles.com-red
in actions at common law in a circuit court of the United States are required to conform as near as may be to those prevailing in the state court, and as, by section 721, the laws of the several states are made rules of decision in trials at common law in the courts of the United States in cases where they apply, Bauserman v. Blunt, 147 U. S. 648, we will examine the laws of South Carolina and the decisions of its courts in order to ascertain the nature of the state statutory action to recover possession of personal property and the rights of the parties thereunder.
The action of claim and delivery of personal property, under the Code of South Carolina, is one of the class of statutes referred to by Judge Cooley in his treatise on Torts (note 2, p. 442) which permits the plaintiff in an action of replevin to proceed in it as in trover, and recover the value of the property in case the officer fails to find it to return to the plaintiff on the writ. The proceeding was introduced into the legislation of South Carolina by the Code of Procedure adopted in 1870, Title 8, c. 1, 14 Stats.S.C. 423, which provided, in section 269 (p. 480) that, upon the making or an affidavit containing certain requisites, and the giving of a bond, the plaintiff might obtain an immediate delivery of the property. By section 285, c. 3 (p. 484), it is provided that:
"In an action for the recovery of specific personal property, if the property have not been delivered to the plaintiff, or if it have, and the defendant by the answer claim a return thereof, the jury shall assess the value of the property, if their verdict be in favor of the plaintiff, or if they find in favor of the defendant and that he is entitled to a return thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property."
In section 301, c. 6 (p. 488), it is provided:
"In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof, in case a delivery cannot be had, and of damages for the detention."
By section 300, it is provided that:
"Whenever damages are
recoverable, the plaintiff may claim and recover, if he show himself entitled thereto, any rate of damages which he might have heretofore recovered for the same cause of action."
Prior to the code, by a statute passed December 19, 1827, entitled "An act to alter the law in relation to the action of trover and for other purposes," 6 S.C.Stats. 337, it was provided that upon the giving of a bond and the making of an affidavit by a plaintiff who intended to commence an action of trover for the conversion of any specific chattel that the chattel belonged to the plaintiff and had been converted by the defendant, an order might issue requiring the defendant to enter into a bond, with sufficient surety, for the production of the chattel to satisfy the plaintiff's judgment in case he should recover against the defendant or defendants, and it was declared that such specific chattel should be liable to satisfy the plaintiff's judgment to the exclusion of other creditors. Under this act, the surety might take the body of the defendant and keep him in custody until he gave the required security. Poole v. Vernon, 2 Hill 667.
The measure of damages in South Carolina in an action of trover was early settled in that state. Thus, in 1792, in the case of Buford v. Fannen, 1 Bay 273, an action of trover to recover the value of several negroes and a horse, after proving the value of the horse, the plaintiff offered evidence of consequential damages sustained by the loss of his crop. The trial judge having refused to receive the evidence, the case came before the superior court on a motion for a new trial. Chief Justice Rutledge was of opinion that this kind of testimony might be allowed in some cases, and was for granting a new trial, but the court ruled otherwise, the following opinions being delivered (p. 273):
"Waties, J. It is of great importance to keep different issues distinct, that the parties in one form of action may not be surprised by evidence which belongs to another. The evidence which the plaintiff wished to produce would have been admissible in trespass, but was, I think, properly rejected in this action. Where there has been an unlawful taking, either trespass or trover will lie, but if the party proceeds in trover,
he waives the tort, except as it is evidence of a conversion, and can only have damages for the value of property converted and the use of it while in the defendant's possession. The real value of the property is not always the sole measure of damages. If the conversion of it is or may reasonably be supposed to be productive of any benefit to the defendant, the jury may give additional damages for it, as where trover is brought for money in a bag, interest ought to be allowed by way of damages for the detention; so in this case, if the negroes had not been delivered, damages could be given for the labor of the negroes, for the use of money or negroes is a certain benefit to the party who converts them, and he ought to pay for it. But where he acquires no gain to himself by the conversion, it does not appear to me that he is answerable for any damages above the real value of the thing converted. If he was, he would be answering for a mere delictum, for which he is not liable in trover. By waiving the trespass in this action, which the plaintiff must do, he waives, I conceive, every kind of personal wrong which is unattended with any gain to the trespasser; he releases him from everything which death would release him from. If, for instance, the defendant had been dead at the time of bringing this suit, what could the plaintiff, in any form of action, have recovered from his executors? The same amount which he has now recovered, and no more -- that is, the value of the horse taken, or damages for the use of the negroes while they were in the defendant's possession, but nothing for the loss of crop, which proceeded ex delicto, and produced no benefit to the defendant. For the same reason, as this action is founded in property only, and no damages can be allowed for the mere delictum -- I think the evidence offered was not admissible, and that the judge was right in refusing it."
"Bay, J., thought that, as in an action of trover, the tort was waived, all its consequences were relinquished with it. The very nature of the action supposed that the defendant came lawfully into possession, and if so, no damages could or ought to be given till the true owner made his demand, from which time only damages ought to be calculated, and
where no specific demand was proved, then from the time of the commencement of the action, and relied on the case of Cooper v. Chitty, 1 Burr. 31, where the nature of this action is particularly defined; also 3 Burr. 1364-1365; 2 Esp. 353."
In 1818, in the case of Banks v. Hatton, 1 N. & McC. 221, an action of trover to recover the value of three negroes, a verdict having been rendered for the plaintiff, a new trial was asked for, among other grounds, because the damages were excessive. In the course of the opinion of the appellate court granting the motion, Mr. Justice Colcock said on this branch of the case (p. 222):
"It is stated that the presiding judge instructed the jury that they were at liberty to give 'smart money' in estimating the damages. In the action of trover, the correct measure of damages is the value of the property, and interest thereon, or, if the action be for the conversion of negroes, the value of their labor, in addition to the value of the negroes. It is impossible to determine by what rule the jury have been governed, but, from the amount of the verdict, it is highly probable that they were influenced by the charge of the presiding judge, and I therefore think the defendant entitled to a new trial on this ground."
On a subsequent appeal from the new trial granted in the case, Mr. Justice Nott, with whom four justices concurred, said (ib., p. 223):
"Damages for the detention may be given according to the nature of the thing converted or detained -- as, for instance, for the use of money the interest may be made the measure of damages, or the value of their labor in the case of negroes. Buford v. Fannen, 1 Bay 270. Sometimes the increased value may be added, as was decided in the case of Kid and Mitchell in this Court (post). The defendant is not to be benefited by his own wrong; neither can the rights of the plaintiff be affected by the death of the destroyer of the property after demand and refusal."
In McDowell v. Murdock, 1 N. & McC. 237, an action of trover for the value of two negroes, Mr. Justice Nott, in delivering chanrobles.com-red
the opinion of the court, held that the defendant was entitled to a new trial because, among other grounds, of an erroneous instruction to the jury as to the rule of damages, and said (p. 240):
"It has lately been determined by this Court in several cases that a jury cannot give vindictive damages in an action of trover. The value of the property, with such damages as must necessarily be supposed to flow from the conversion, is the only true measure. Such, for instance, as the work and labor of negroes, interest on the value of dead property, etc."
In 1853, in Harley v. Platts, 6 Richardson 310, an action of trover brought to recover the value of four slaves, a new trial asked for on the ground of excessive damages was refused, it being held that the verdict was warranted by the evidence under the rule allowing the jury to give the highest value up to the time of trial, with interest or hire. Glover, J., delivering the opinion of the court, said (p. 318):
"In trover, the jury is not limited to finding the mere value of the property at the time of conversion, but may find, as damages, the value at a subsequent time at their discretion. 3 Steph.N.P. 2711. The jury may give the highest value up to the time of trial. Kid v. Mitchell, 1 N. & McC. 334. In Burney v. Pledger, 3 Rich. 191, Judge O'Neall says"
"that the plaintiff is entitled to recover for the value of the property at the time of the trial, with interest, or for the value of the property at the time of the trial, with hire from the conversion, as may be most beneficial."
And in Rodgers v. Randall, 2 Speer 38, it was held that the jury have a discretion between the highest and lowest estimates.
"Governed by these rules so long and so repeatedly established, the evidence appears to have authorized the conclusion attained by the jury in this case."
That the decisions referred to are applicable under the Code was recognized in the case of Sullivan v. Sullivan, (1883) 20 S.C. 509, an action of claim and delivery to recover the possession of certain notes, with damages for their detention, where it was held by the appellate court that, in addition to a recovery of the notes, the plaintiff was entitled to recover chanrobles.com-red
the amount they had diminished in value while in the hands of defendant. After quoting section 298 (formerly section 300) of the code, which we have heretofore referred to, the court said (p. 512):
"The Code has made no material changes in the primary rights of parties or in the causes of action, nor has it given any new redress for wrongs perpetrated. It has only changed the mode by which such redress is reached and applied. The rights and remedies (using the term 'remedy' in the sense of 'redress') are still the same."
"* * * *"
"The action below was an action for the recovery of personal property and damages for its detention. It was an action in the nature of the old action of trover. It will not be denied that, in actions of that kind, under the former practice, as a general rule, damages for detention, beyond the property itself, could be and were uniformly recovered, such damages being measured by different rules according to the character of the property and the circumstances of each case. See McDowell v. Murdock, 1 Nott & McCord 237, where the court said:"
"It has lately been determined by this court in several cases that a jury cannot give vindictive damages in an action of trover. The value of the property, with such damages as must necessarily be supposed to flow from the conversion, is the true measure -- such, for instance, is the work and labor of negroes; interest on the value of dead property."
"Buford v. Fannen, 1 Bay, 2d ed. 273; Harley v. Platts, 6 Rich. 318; Kid v. Mitchell, 1 Nott & McCord 334."
A recent decision construing the provisions of the action of claim and delivery of personal property is Loeb v. Mann, 39 S.C. 465, in which the defendant, a sheriff, was alleged to have wrongfully and unlawfully taken from the plaintiffs, and to have unjustly detained from them, certain liquors. Bond having been given, the goods were taken from the possession of the defendant and delivered to the plaintiffs. The appellate court, in the course of its opinion, held that the trial judge erred in permitting evidence of expenditures by the plaintiffs for hotel bills, railroad fare, and attorney's fees, and chanrobles.com-red
declared that such damages were not recoverable for the detention of the property. The court said (p. 469):
"It is urged that this action of claim and delivery is peculiar in this, that the law expressly gives to the prevailing party damages in addition to costs and disbursements. It is true that section 283 of the Code provides as follows:"
" In an action for the recovery of specific personal property, if the property have not been delivered to the plaintiff, or if it have, and the defendant by his answer claims a return thereof, the jury shall assess the value of the property, if their verdict be in favor of the plaintiff, or if they find in favor of the defendant, and that he is entitled to a return thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property,"
"etc. What damages? Why surely such damages as"
"may have been sustained by reason of the seizure and detention of the property itself -- that is to say, by direct and proximate injury of the property in question, or in reducing its value, and not for the purpose of allowing a party to reimburse himself as to consequential losses alleged to have been sustained in the prosecution of the case, in respect to the speculative value of time lost, and the payment of the bills of railroads and hotels, lawyers' fees,"
After reviewing authorities in support of the proposition that counsel fees were not allowable as damages for the detention of property, for the reason that they could not be said to be the necessary result of the act done by the defendant, the court said (p. 471):
"It is true that the decided cases do not seem to be as full and clear in reference to the other items of expenditures claimed here as damages, but we confess that in respect to damages, we are unable to draw a distinction in principle between expenses incurred in paying lawyers' fees and in making a charge for the speculative loss of time and paying railroad and hotel bill, etc."
Under the decisions to which we have referred, it is evident chanrobles.com-red
that, in the case at bar, the measure of damages for the detention was interest on the value of the property from the time of the wrong complained of. This rule of damages has been held by this Court to be the proper measure even in an action of trespass for a seizure of personal property, where the facts connected with the seizure did not entitle the plaintiff to a recovery of exemplary damages. An action of this character was the case of Conard v. Pacific Insurance Co., 6 Pet. 262. In the course of the opinion there delivered by Mr. Justice Story, the Court held that the trial judge did not err in giving to the jury the following instruction:
"The general rule of damage is the value of the property taken, with interest from the time of the taking down to the trial. This is generally considered as the extent of the damages sustained, and this is deemed legal compensation with reference solely to the injury done to the property taken, and not to any collateral or consequential damages resulting to the owner by the trespass."
Indeed, the same rule was in effect reiterated in Watson v. Sutherland, 5 Wall. 79, where it was substantially held that "loss of trade, destruction of credit, and failure of business prospects" could not be recovered in an action at law where malice or bad faith was not an ingredient, because such damages were collateral or consequential as regards a seizure of personal property, and could only be recovered at law where the issue of bad faith was involved -- in other words, that however at law such damages might be considered when the suit was based upon a malicious trespass, they were not a proximate result of an injury of property caused by an illegal seizure thereof.
The courts of South Carolina, as we have seen, have held that in an action of trover, consequential damages are not recoverable, and have also held that in the action of claim and delivery, damages for the detention must have respect to the property, and to a direct injury arising from the detention. Destruction of business not being of the latter character, it follows that the special damages averred in the complaint were not recoverable. chanrobles.com-red
It results that, as the plaintiff's action was solely one for claim and delivery of property alleged to have been unlawfully detained, and for damages for the detention thereof, the amount of recovery depended first upon the alleged value of the property, which in the present case was one thousand dollars, and such damages as it was by operation of law allowed to recover in the action in question. As, however, by way of damages in an action of this character, recovery was only allowable for the actual damage caused by the detention, and could not embrace a cause of damage which was not in legal contemplation the proximate result of the wrongful detention, and such recovery was confined, as we have seen, to interest on the value of the property, it results that there was nothing in the damages alleged in the petition, and properly recoverable, adequate, when added to the value of the property, to have conferred upon the court jurisdiction to have entertained a consideration of the suit. Upon the face of the complaint, therefore, the circuit court was without jurisdiction over the action, and it erred in deciding to the contrary.
The judgment of the Circuit Court of the United States for the District of South Carolina is reversed with costs, and the cause is remanded to that court with directions to dismiss the case for want of jurisdiction.


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TURKEY: Urgent call for action for the human rights defender M.Raci Bilici
This is an urgent call from the Human Rights Association (HRA - Turkey) and the Human Rights Foundation of Turkey (HRFT) with whom WRI has been working for many years. In the morning of the 15th March, M.Raci Bilici Chairperson of Human Rights Association (İHD) Diyarbakır Branch and Vice-Chairperson of İHD Headquarters has been arrested along with 11 old and new representatives of the NGOs in Diyarbakır. As reported by the HRFT alleged charges are not learned yet due to the confidentiality order on the investigation file. You can respond their call via sending emails and letters of protest to the Turkish officials. See an example email/letter in the attachment below. See the call out from HRA and HRFT below:
M.Raci Bilici Must Immediately be Released!
Chairperson of Human Rights Association (İHD) Diyarbakır Branch and Vice-Chairperson of İHD Headquarters M.Raci Bilici has been arrested this morning (March 15,2017) and still in custody at Diyarbakır Anti-Terror Branch. By this operation, along with Raci Bilici, 11 old and new representatives of the NGOs in Diyarbakır have been arrested. According to the information obtained by the lawyers, alleged charges are still not learned since morning due to the confidentiality order on the investigation file.
Human Rights Association is an internationally recognised human rights organisation and has played a vital role in the promotion of human rights and democracy in Turkey, since 1986.
As well-known by everyone, the important role human rights defenders has been recognised in various international documents such as the OSCE Document of the Moscow Meeting (1991), the Vienna Declaration (1993) or the UN Declaration on Human Rights Defenders (1998). Also, in April 2004 UN prepared fact sheet no.29 titled as 'Human Rights Defenders: Protecting the Right to defend Human Rights' to make UN Declaration on Human Rights Defenders more clear. Moreover, due to the increased pressure on human rights defenders not only in Turkey but all around the World despite of all these assessments, UN General Assembly adopted a special resolution (70/160) on 17 December 2015 allocated again on UN Declaration on Human Rights Defenders and raised their concerns on the matter.
All these documents contain provisions protecting human rights defenders who face many risks because of their work for the protection, development and promotion of human rights. Promoting respect for democracy and human rights is only possible when human rights defenders can carry out their work in a safe environment without obstructions.
In this regard, we emphasize that M. Raci Bilici carries out all his activities duly in scope of human rights values for many years. The operation against and detention of Raci Bilici is unacceptable under no circumstances.
As Human Rights Association and Human Rights Foundation of Turkey, we are calling upon the international community to take urgent action for the release of Raci Bilici and the other NGO representatives.
Actions requested:
i. Release M.Raci Bilici and other NGO representatives immediately and unconditionally, as their detention is arbitrary since it only aims at sanctioning the legitimate human rights activities;
ii. Put an end to all forms of harassment, including at judicial level, against them, as well as all human rights defenders in Turkey;
iii. Comply with all the provisions of abovementioned international documents.
List of Authorities in Turkey
President of Turkey, Recep Tayyip Erdoğan, Cumhurbaşkanlığı Külliyesi 06560 Beştepe-Ankara, Phone: (+90 312) 525 55 55, Fax: (+90 312) 525 58 31, E-mail: firstname.lastname@example.com
Prime Minister of Turkey, Binali Yıldırım, Vekaletler Caddesi Başbakanlık, Kızılay/Ankara Phone: +90 (312) 422 10 00; Fax +90 (312) 403 62 82 Email: firstname.lastname@example.com
Minister of Foreign Affairs, Mr. Mevlüt Çavuşoğlu, Dr. Sadık Ahmet Cad, No: 8 Balgat / Ankara - Turkey 06100; Phone : +90 (312) 292 10 00
Minister of Justice, Mr. Bekir Bozdağ, 06659 Kizilay, Ankara; Phone: +90 (312) 417 77 70; Fax: +90 (0312) 419 33 70; E-mail: email@example.com
Minister of Interior, Mr. Süleyman Soylu, Bakanlıklar Ankara; Phone: +90 (312) 422 40 00; Fax: 90 312 418 1795; Email: email@example.com
Minister of Health, Mr. Recep Akdağ, Mithatpaşa Cad. Sıhhıye / Ankara 06434-Turkey; Phone: +90 (312) 585 10 00; firstname.lastname@example.com


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There's nothing new under the sun, and rootkits are no exception. In the early days of personal computers, in the age of the DOS command-line operating system, there were viruses that hid their presence from the users and anti-virus programs. They did it by intercepting some system calls that were responsible for reading the files, and lied to the system by filling these calls with fake information. You could view an infected file right in front of your eyes and see nothing but legit code! These viruses were called 'stealth' in those days.
When computers evolved, Windows replaced the DOS. Old viruses did not run under the new operating system, and it wasn't easy to develop simple hacks to intercept system calls in Windows. But time has passed, and now there's a new wave of viruses that can work on Windows and hide their presence even more efficiently than the stealth viruses of the old days. These new viruses are called rootkits.
Today, using an antivirus does not guarantee complete safety. A rootkit could install into your system and fool the antivirus system by hiding itself. The problem is that modern antivirus programs try to detect rootkits at the time when they are already active. Antivirus programs use the very functions that are intercepted by the rootkits specifically for the purpose of deceiving antivirus. It's a gun vs. armor race and your PC is the firing range.
Microsoft tried to address the problem by releasing their own Rootkit Revealer. While being a correct concept, this tool fails on too many levels. Microsoft Rootkit Revealer is intended for use by system administrators and software developers. The results of its work are not detections but rather hint that there's something in the system that's hidden. And of course, Rootkit Revealer does not remove rootkits, making its benefits questionable at best for a regular computer user.
Complement your antivirus with a rootkit detection and removal system and liberate your PC from rootkits! UnHackMe with Partizan technology is highly compatible and designed to complement other antivirus solutions instead of conflicting with them.
The Partizan technology is unique to UnHackMe. Microsoft states that there exists no sure way to know of a rootkit's presence from within a running system. Instead of trying to combat rootkits on their own ground, Partizan fools them by booting with the operating system and taking control before any rootkits can load. Being the first to load, UnHackMe can safely watch all stages of the Windows boot process, effectively detecting and terminating any activities attempted by the rootkits.
Once there's no rootkit in the computer's memory, detecting and removing one is a matter of routine. UnHackMe can remove known rootkits by itself or simply block the rootkit from loading into memory and pass control to your regular anti-virus.
Scanning your entire PC for the presence of a rootkit with a regular antivirus can take hours of time depending on the number of files and programs you have. UnHackMe takes scanning speed to another level by taking only a few seconds every time your computer loads.
Antivirus and anti-rootkit products often conflict with each other. Not UnHackMe! You can safely pair UnHackMe with an antivirus of your choice, providing ultimate protection against all kinds of viruses and rootkits. Download your evaluation copy now from: http://greatis.com/unhackme/


text: Join the members of P.B.A. Local #145 for a day on the links at the scenic Concordia Golf Course on Monday September 14, 2015. Participants will enjoy 18 holes of golf with a cart using a scramble format, breakfast, lunch on the turn and dinner. There will be numerous door prizes as well as prizes for longest drive, closest to the pin and putting contest. The cost for this fund raising event is $130 per golfer. We are once again asking for your generous support and to invite your organization or business to once again honor us by being a sponsor for this year's tournament. See the attached brochure below for more information regarding participation in our tournament. We always sell out, so get your registration in early and we'll see you on the course.


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Fox Impact Spod
Having looked at the bait delivery devices currently available on the market our product design team at Fox believed that there was still room for further development for a product that could perform in a different way. Following an extensive three year research and development programme plus countless hours of field testing the Fox Impact Spod was born.
Sold under license from Spomb® Fishing Limited, the Impact Spod boasts a number of unique features that sets it apart from any other bait delivery device currently on the market. Features such as a unique 'scoop' body shape, allow for rapid, single handed loading. This unique body and lid design not only enables you to fill the device very quickly, it also allows for highly efficient loading, resulting in a 'one scoop' operation that fills the entire inner compartment! This 'complete fill' enables you to put your bait out as quickly as possible, and additionally allows for an even weight distribution, which in turn makes it very stable in flight. Another benefit of the scoop design, in addition to the easy loading, is that it enables a tapered bait release should you wish to create a wider spread of free offerings, as opposed to tightly grouped patches, this is feature can be particularly handy when fishing a boilie-only approach or 'big hit' fishing with multiple rods on one large baited area.
Key Features:
Scoop design allows for rapid single handed loading
Efficient filling shape for a 'complete fill'
Aerodynamically tuned for optimum casting performance for accurate baiting at extreme long range
Spring mechanism is encapsulated to prevent bait from being able to interfere with it
Intrinsically buoyant - In the event of a crack-off it will float and drift into the margins
Robust, damage preventing design
Top quality, anti-rust stainless steel components
Large heavy-duty swivel moulded into top of flight
Unique shape allows for wider spread of bait should you wish to do so
- Two sizes available: Medium and Large


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1. Can you tell us what you've been working on and what you've got forthcoming in the near future (new releases, tour, etc)?
I've got a band together and we will be ready for playing Keith Canisius by March 2011. Besides that I've done around 5 tracks + some other more experimenting stuff. I also mastered 12 unreleased ambient drone guitar tracks created from 2007-09 I had lying around. Some of them are on YouTube.
I might release something in May or April. Not sure yet.
My last record This Time It's Our High (released Sept. 10, 2010) is not an easy act to follow and I also want to change up things a bit, so I'm not rushing at the moment. I still want to expose my new album.
On This Time It's Our High, I set a rule for myself not to use any chorus effects. On the songs I'm writing now, I'm trying to keep them less 5 minutes.
It's fun trying to confront habits either good or bad.
2. How was Rumskib formed and is there anything new on the horizon for the band? Your output is far greater as a solo artist, it seems. Is Rumskib mostly a side project?
Rumskib was a main project at the time, but it has been put on hold since early 2009. I moved to Copenhagen and put the work for the band to rest for the time being.
Rumskib. Think Eyes Away.
3. Do you consider your music to be part of the current shoegaze/dream pop scene, or any scene at all?
I like some bands a lot and wouldn't mind being refereed as being in same scene as them, on the other hand my taste changes in what I want to produce in music and release, so I don't like sticking myself into one scene.
I don't like the pressure of genres when I'm working on music, although I'm somehow aware of them. I just don't like the pressure of trying to sounds like something specific.
So I've stopped thinking in those terms. A good music friend referred to my new album as being "chill wave" and he also recommend me a band named Candy Claws, which he thought resembled my style. I really liked them and bought their album.
People will always genre drop you, it's okay. I like that people are into music and create scenes.
It helps smaller artists like me to spread a little faster, which I why I also write similar artist in my album descriptions. People like to compare new stuff they hear and it makes it easy for them to pass the word to others.
Keith Canisius. Waves.
4. What do you think of modern shoegaze/dream pop artists, any favorites?
It seems like a lot of modern bands are using elements from shoegaze & dream pop incorporated in their styles and productions.
Bands like Deerhunter, Animal Collective, Ariel Pink, Candy Claws have some of those elements in their productions.
I like those bands styles and some of their albums and they seem to create a lot of attention, which is cool, but I don't try to copy them.
5. What is the most important piece of gear for your sound? Any particular guitars/pedals/amps that you prefer?
It's difficult to answer. My sound is blended by many different elements. I like doing everything from choosing snares to figuring out how to set the compressor. I try to go for the whole thing at my best.
I'm try not to get carried away by favourite effects or whatever, but on This Time It's Our High, I used my Prophet 8 synth a lot, which I bought just before starting the record. I hope I can get a new synth soon as well. I really like synth, it's a lot of fun.
After playing guitar for 20 years it's nice to change things a bit. But I still use guitars a lot and I think about recording a noisy dirty guitar album some day.
6. What artists (shoegaze/dream pop or otherwise) have most influenced your work?
On the older stuff to name a few: Cocteau Twins, Boards of Canada, MBV, early 80's pop, Stereolab, Ivy, Jimi Hendrix, Sonic Youth.
Sometimes one band can influence an idea other times another band can influence 10. It's hard to answer precisely where it comes from always.
On This Time It's Our High I was somewhat inspired by the flakiness and informality by Ariel Pink, an artist I've loved for some years now and always swore would become bigger very soon, the melodies and psychedelic trance of Animal Collective, Panda Bear and say some of the textures of Deerhunter. I'm describing my inspirations very squarely now.
The better I get, the less I'm paying attention to what others are doing, but I'm very interested in what's going on in music.
It's always an interesting task to try and push commercial cultural thinking towards a more artistic level. Like David Bowie mastered in the 70's, you could say.
Keith Canisius. The Beach House.
7. Can you tell us a little about what you are currently into (books, films, art, bands, etc)?
At the moment I'm into BBC's Blue Planet and other nature DVDs by David Attenborough. I can recommend them to any dreamy music lover out there. Fantastic and very relaxing stuff.
In music, I've started buying vinyl records, which is one of my new hobbies. The latest ones I bought where Daft Punk (Discovery), Serena Maneesh (Serena Maneesh) and Candy Claws (Hidden Lands). Albums that I had on CD, but I want to get my favourites on vinyl.
8. If you had to choose one track of your own that was the ultimate definition of your sound, which would it be and why?
I think the title track on my newest album, This Time It's Our High is amazing in many ways even when I have to try being objective about it.The rich textures, the exploding energy at the end, the dreamy psychedelic vocals, the flakiness and depth in mood as well as good solid interesting Lo-fi production makes it worth a listen.
Please do: Click HERE to listen!
9. What is the most exciting thing that happened for you musically in 2010?
Realising This Time It's Our High. I'm proud of that album and wondering how I've pulled it off so fast and easy, since I've only been producing music for around 2 years with lo fi equipment.
It's also exciting to read reviews and hear what people think. I got some pretty good response in Denmark where I live, which I'm satisfied with, especially because the bigger media places here don't always write a lot about subgenre music.
I like the simple feedback loop of creating and getting a response. I pay a lot of attention to what people think and say. And I like to hear people's views, good or bad or whatever nuance.
Keith Canisius. Remember Me Lake.
10. What is your philosophy (on life), if any, that you live by?
Try going with your own thing and don't let yourself be manipulated too easily.
And I also help save the sharks. Check out this website. It's awful what goes on to those very important animals, as well as the cute panda bears and sea bears.


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We have about three weeks until Labor Day weekend, the end of summer. This is my favorite time of year (I love heat) for food and for wine. When the temperature rises I instinctively reach for an aromatic white or rosé. Of all the wines I've been drinking this summer, my favorites fall into two distinct price categories: $15 or less, or over $20. Many of my go to wines come from Trader Joe's and are less than $10.
That got me thinking about fashion, and how the most stylish dressers put together outfits that are high-low combinations. For example, you pair a H&M top at $14.99 with Tory Burch pants that cost $295 and a pair of Michael Michael Kors shoes (his 2nd label, also called a diffusion line) for $120. And you probably get more compliments on the H&M top than you do the pants or shoes.
With high-low wine you can find some fabulous bottles for less than $15 that I bet you'll get compliments on. But every now and then you want to splurge on a great pair of $300 boots just because. Same with wine, there are just some times when a splurge on a bottle with a price tag of $20 or higher is justified. I've made list of 20 wines, with pairs grouped according to the high-low principle. Read more


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If you already have a list of resources you'd like to add us to, you can
just link directly to our learning center with something like this:
The JumpOffCampus Learning Center.
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If you want to provide an even better resource for your students, consider including some additional elements. You could link directly to a video or blog post, or use the JumpOffCampus logo to add some sparkle.
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Aquabio is a natural resource and environmental consulting firm that specializes developing innovative and practical solutions to meet our clients' needs.
We work with our clients to find solutions for complex habitat restoration and damage mitigation issues in marine and coastal areas, estuaries, and rivers.
For almost three decades, we have provided a wide range of services and solutions for habitat enhancement, environmental issues, and natural resources planning in marine environments.
Our clients include government agencies, non-governmental organizations, and private sector firms in the United States and around the world.


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With the Winter Solstice rapidly approaching, the days are shorter and the nights are colder. Daily temperatures hover just around freezing and the sun sets before most people even leave the office.
It's been a trying year in more ways than one, and as winter winds blow us straight toward the end of 2016, it's easy to feel that the world is dark and cold—both literally and figuratively.
But the North Corner Chamber Orchestra (NOCCO) is combatting that coldness with music that is warm, radiant, and bursting with light. Their annual Winter Solstice Celebration this weekend offers a sonic respite from the cold and dreary December temperatures with performances Sunday at Magnolia United Church of Christ and Monday at the University Christian Church.
The celebration pairs classics by Stravinsky, Respighi, and Bach with a West Coast premiere of a new work by Seattle composer and clarinetist Angelique Poteat. Titled Floral Interactions, the piece is a garden of swirling melodies composed for eight wind players and two percussionists.
And since this is its very first Seattle performance, we asked Poteat to give us a sneak peek at what's in store:
Second Inversion: How would you describe your compositional style? What are some of your major influences?
Angelique Poteat: As a performer of a melodic, or linear instrument (clarinet), my music tends to be fairly melodic and very thematically oriented. There is a great deal of layering of lines, which in turn influences my use of harmony.
I grew up listening to a plethora of musical styles, from country music and rock 'n roll to church hymns and jazz. A lot of this has found its way into my music, aside from classical influences like Bartók and Messiaen. I feel that my music and style is constantly evolving.
SI: What was the inspiration behind Floral Interactions? What does it sound like, and how did you choose this instrumentation?
AP: I wrote Floral Interactions in 2006 for the 21/21 New Music Ensemble at Rice University. The instrumentation was requested by the ensemble. My inspiration for the work came from several friends of mine, who at the time were reassessing their relationships with one another. I wanted to capture some of the emotions involved with feeling like a friend is drifting away because of the introduction of a significant other. With the exception of the climax, much of the piece is dynamically understated, with swirling, dense textures that are juxtaposed with moments of awkwardness and solitude. The title is a play on Florid, which describes the writing for each instrumental part.
SI: Women are extremely underrepresented in musical leadership roles, and especially in composing. How has being a woman shaped your experiences in this role?
AP: In a society that promotes ideas like Affirmative Action, extra effort is being made to assure that female composers are given opportunities to have their music recognized. As a composer in the "minority," I have felt extra pressure to create music that is significant not only within my gender, but compared to all contemporary classical music that is being written today.
I don't want to be categorized as a good "female composer," or programmed as the "token female composer," but instead thought of as an "outstanding composer," period. It is not so easy to cross that gender line, and maybe that means that my music has to be better than better. I think all women, to some extent, feel that they have to put forth more effort than they should in order to be taken seriously.
SI: What advice do you have for other women who are fighting to have their music heard?
AP: Writing music is not easy! Music has a great potential to affect people differently in very strong ways; someone out there will love what you write, and someone out there will hate it. With that in mind, write what YOU love.
If you're writing music for live musicians, remember that you're writing for people, and put care into writing each part. Share your music with as many people as possible, and your excitement about it! In today's world, you have to be the greatest advocate for your music, especially in the face of adversity. Your enthusiasm about your music will be contagious, and others who hear and like your music will also fight to have it heard again.
SI: What are you most looking forward to with the NOCCO Solstice Celebration, and what do you hope audiences will gain from it?
AP: This weekend's NOCCO performances will be the first time Floral Interactions will be performed without a conductor! I'm excited to hear the difference that a more "chamber music" approach to performing the piece will have on how the music is interpreted and coordinated. I made a few small revisions to the work earlier this year, so we could call this the world premiere of the updated version and, at the very least, the West Coast premiere of the piece.
I love NOCCO's idea of creating light during the darkest time of the year by sharing warmth and beautiful music, and this program will certainly feature plenty of that! I'm grateful to be included in the Celebration, and I hope that audiences will feel inspired and moved by the experience.
Performances of NOCCO's Winter Solstice Celebration are this Sunday, Dec. 18 at 7:30pm at Magnolia United Church of Christ and Monday, Dec.19 at 7:30 at the University Christian Church in Seattle. For tickets and additional information, please click here.


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Product 4/4
This 2 bedroom, 2 bath lakefront cabin is one of the closest we offer to the Pigeon Forge and Gatlinburg area. It is located on the main channel of the Great Smoky Mountains side of Douglas Lake (on Gator Point) and just 30 minutes from Pigeon Forge.
It has everything you need including a full kitchen with dishwasher.
Sleeps 7
There are two Queen bedrooms, one with Jacuzzi tub.
Minutes from area attractions including Dollywood and the Great Smoky Mountains National Park. This location is like 2 vacations in one: Scenic Smoky Mountains and a relaxing waterfront getaway.
If this home is booked, we offer two twin homes that offer exactly the same floor-plan. Be sure to check the availability of both homes: Clover or Trillium.
If you need to book additional units to fit your large party or need a smaller less expensive unit on the lake, Irisand Sweet William Studios are conveniently located within a short walking distance.


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On today's episode of iHeartNow Elvis Duran and Danielle Monaro were joined by special guest Enrique Santos to talk all things Jingle Ball, Fiesta Latina and the Black Eyed Peas.
First things first and we have to talk about this epic iHeartRadio Jingle Ball lineup that was announced on Tuesday 10/10. We all agree that this year's lineup with Ed Sheeran, Taylor Swift and Camila Cabello AND Fifth Harmony? Even though Camila and 5H won't be appearing at the same Jingle Ball show, they are both appearing in a different cities show. Last year Camila played Jingle Ball with the girl group as it was their last performance with all 5 girls. Apparently they all knew it was going to be announced a few days later that they will no longer be a five-some!
Speaking of Camila Cabello, did you know she was also playing out iHeartRadio Fiesta Latina? It's all happening in Miami November 4th and we are so excited for her performance! And this show will definitely be incredible according to Enrique Santos. The host of 'On The Move' says there will be plenty of big surprises as well as something to honor the first responders from the recent disasters in Puerto Rico and Mexico. We are definitely looking forward to seeing it all at the festival!
The Black Eyed Peas have always had rotating females in their group saying in their interview with The Breakfast Club, "we always had a girl in the crew." Now everyone's been speculating that their female voice will be none other than Nicole Scherzinger from the Pussycat Dolls. But it was firmly denied that she will be taking Fergie's place although she may be on a few tracks! However it has been confirmed that the former girl group WILL be getting back together????
Make sure to check back everyday for more iHeartNOW with Elvis Duran. We have everything you need to know about pop culture and more!


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Sally Gross, the acclaimed minimalist avant-garde dancer and choreographer, passed away last week at the age of eighty-one. If you've never seen one of Sally's live performances, you might have seen her in the 1959 "beat" film Pull My Daisy (together with Allen Ginsberg and Jack Kerouac) or in the 2007 documentary, The Pleasure of Stillness, that noted filmmaker Albert Maysles made about her work. Sally was the friend of a friend, and I'd the good fortune to see her dance live over a decade ago at the Merce Cunningham Dance Studio. I also had the good fortune to have Sally accompany me on a journey five hours up to and five hours back from Toni Packer's Springwater Center for Meditative Inquiry where we'd gone together on a seven-day silent retreat.
Sally wasn't in the best of moods for our trip. Her long-term boyfriend, art dealer Richard Bellamy, had passed away in 1998, and if I remember correctly, there had been some dissension between Sally and his family in the wake of his death. While my memory about the particulars is somewhat fuzzy, I distinctly remember Sally as still actively angry and grieving a she talked about Richard all the way up to Springwater. At the time of his passing, Richard served as an art dealer for the work of only one artist, the abstract expressionist sculptor Mark di Suvero. I wasn't familiar with di Suvero's work, but I'd learned of his existence only a few months earlier when he received a Governor's Art Award from New York Governor George Pataki in an impressive ceremony alongside the ancient Egyptian Temple of Dendur at the Metropolitan Museum of Art.
I happened to be there because noted photographer Milton Rogovin, the father of a friend, was also receiving an award that night. Mark di Suvero gave a memorable acceptance speech that made a lasting impression on me, and as a consequence, when Sally mentioned his name, the name meant something to me. At the time I thought it was interesting — I'd never heard of di Suvero before, and here he'd "turned up" twice in just a matter of a few months. Life's funny that way. I decided that I'd have to familiarize myself with his work once I got home. As a curious aside, di Suvero's name came up for me once more a decade later when my daughter completed an artist's residency at his Socrates Sculpture Park in Long Island City.
On the road back from Springwater, Sally told me that her entire retreat experience had been permeated, haunted, and dominated by Richard's "presence." She spent the entire week processing her complex feelings about their relationship and his death. We were still caught up in talking about this when I noticed with some alarm that I'd missed my exit off Route 17 where it intersected with Route 84. I had gone to Springwater several times in the past, and had never missed my exit before!
I got off the next exit, and rather than doubling back, tried making my way to Route 84 along some back roads. Along one of those roads, we passed a country inn. The Inn was familiar to Sally — she and Richard had stayed there once and she reminisced with me about it. A little further along, we found ourselves passing the Storm King Art Center — an outdoor sculpture garden which I had never seen before — and Sally began pointing out an impressive series of giant di Suvero sculptures that were clearly visible from our car along the length of the road. Suddenly, missing my exit didn't seem a mistake, but deeply connected in some mysterious way to Sally's unrequited grief, as if Richard's ghost was somehow guiding us.
Psychiatrist Carl Jung coined a word for these kinds of seemingly meaningful coincidences — synchronicity — by which he meant temporally coincident occurrences of acausally connected events. Jung thought that events could be meaningfully connected through some principle of simultaneity distinct from the usual connectivity of sequential cause-and-effect. He believed that meaningful coincidences like these revealed something profound about the deep structure of the universe — something akin to the "spooky action at a distance" in quantum entanglement. In Synchronicity (1952), Jung provided an example of synchronicity at work in psychotherapy:
"My example concerns a young woman patient who, in spite of efforts made on both sides, proved to be psychologically inaccessible. The difficulty lay in the fact that she always knew better about everything. Her excellent education had provided her with a weapon ideally suited to this purpose, namely a highly polished Cartesian rationalism with an impeccably "geometrical" idea of reality. After several fruitless attempts to sweeten her rationalism with a somewhat more human understanding, I had to confine myself to the hope that something unexpected and irrational would turn up, something that would burst the intellectual retort into which she had sealed herself. Well, I was sitting opposite her one day, with my back to the window, listening to her flow of rhetoric. She had an impressive dream the night before, in which someone had given her a golden scarab — a costly piece of jewelry. While she was still telling me this dream, I heard something behind me gently tapping on the window. I turned round and saw that it was a fairly large flying insect that was knocking against the window-pane from outside in the obvious effort to get into the dark room. This seemed to me very strange. I opened the window immediately and caught the insect in the air as it flew in. It was a scarabaeid beetle, or common rose-chafer (Cetonia aurata), whose gold-green color most nearly resembles that of a golden scarab. I handed the beetle to my patient with the words, "Here is your scarab." This experience punctured the desired hole in her rationalism and broke the ice of her intellectual resistance. The treatment could now be continued with satisfactory results."
Of course, skeptics will dismiss this as "just coincidence." In a universe with an infinite number of monkeys at an infinite number of typewriters, coincidences like these will inevitably appear, but they're ultimately meaningless.
But then there are stories that seem so remarkable, they seem beyond mere coincidence. Like the time my friend Victoria from Nigeria had the eerie feeling that something awful had happened to her brother back home. Alarmed and disturbed, she called her parents in Nigeria, who assured her all was well. Several days later, however, she received another phone call from her parents. Her brother was dead. Unbeknownst to them, he'd died days earlier in a car accident while far from home — the very day Victoria had first called them. The police had just brought them the news.
The eminent psychologist, Charles Tart, posted one of the most convincing examples of synchronicity I've ever read on his T.A.S.T.E. (The Archives of Scientists's Transcendent Experiences) website.
In 1974, Tart drove to pick up an East Coast psychologist named "Terry" who was visiting Berkeley California and staying at an address at 2924 Benvenue Avenue. They were going to go out for a cup of coffee. As he was driving to pick Terry up, Tart's mind was suddenly overcome by thoughts of violence:
"…I lost track of what I had been thinking about and instead found myself thinking about bad neighborhoods with criminal gangs in them…. The thought not only persisted, it quickly built into a frightening set of obsessions about being beaten up, about gangs of people with guns, shooting, violence, and the conviction that I would be mistaken for a burglar and shot when I walked between the houses to meet Terry at the kitchen door. I became very frightened and wanted to turn the car around and drive away as fast as possible. The closer I got to Benvenue Avenue, the worse I felt! … I felt intensely ashamed and embarrassed: I had to be crazy to feel like this! There was absolutely no reason for any normal person to feel this way! The psychologist part of my mind diagnosed me as having a paranoid schizophrenic attack of high intensity…"
When he finally reached Benevenue Avenue, Tart searched for a parking space, then walked back to where Terry was waiting for him.
"I was still quite frightened and I looked into every shadow and parked car, and between houses, looking for gangs or an ambush…. Much to my relief, Terry was waiting out in front of the house… We said hello, chatted as we walked back to my car, and drove off to a coffee shop…"
Tart didn't tell Terry about his weird experience. They were still in the process of just getting acquainted, and Tart didn't want Terry to think he was crazy. A week later, Tart received a letter from Terry, who'd subsequently returned back to the East Coast. In the letter, Terry wrote that he'd had an almost identical paranoid experience to Tart's while waiting for him to arrive.
"…While he was waiting for me in front of the Institute, he started feeling paranoid, worrying about people with guns and getting shot! He too felt pretty silly and ashamed. He was relieved when I arrived and we left for the coffee shop."
And then — the most interesting part of Terry's letter! As it turns out, at the very moment when Tart and Terry were experiencing their simultaneous paranoid episodes, several cars with members of the Symbionese Liberation Army were parked alongside Benvenue Avenue. They had already kidnapped mathematician Peter Benenson who was crouched on the floor of one of the vehicles, and they were preparing to kidnap Patty Hearst who lived at 2603 Benvenue:
"…Armed with their automatic rifles and pistols, they went down the walkway between the apartment and the adjoining house that leads to the apartment entrance and knocked. When Patty's boyfriend, Steven Weed, opened the door, they rushed in, threw him to the floor, and began beating and kicking him. Patty Hearst was grabbed and carried screaming from the house. Weed finally managed to get loose and ran screaming from the apartment, while one of the men kept pointing his rifle at him with a cold smile on his face. A neighbor came to see what was happening: he was grabbed, beaten, and knocked unconscious to the floor, a floor that was already soaked with Steven Weed's blood. Two women who came out of the next apartment were driven back inside as automatic rifle fire splintered the shingled wall beside them. Patty's captors threw her in the trunk and fled in Peter Benenson's car, with Benenson still crouching terrified on the floor, expecting that the next shot would be for him…."
One could perhaps say that Tart's paranoid episode — one he had never had before or since — was just a panic attack and that its simultaneity with the Hearst kidnapping was mere coincidence, but then how can one account for Tart and Terry having simultaneous paranoid experiences? A skeptic might say that the odds of these things coinciding by chance are infinitesimally small, but that given a nearly infinite universe, coincidences with infinitesimal likelihoods randomly occur from time to time. I personally believe that occurrences like these reflect more than just mere coincidence, however. Whatever their explanation, synchronicity is a good label for them. They point to the incompleteness of the physicalist account of the universe, and remind us to keep our minds open about the ultimate nature of things. They point to a deeper interconnection between events that goes beyond sequential cause-and-effect — the kind of interconnection I've written about recently in my postings on Dogen and Whitehead.
In the meantime, here's a link to Albert Maysles's film about Sally Gross.
I remember her fondly. She'll be missed by all who knew her.


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How to Achieve Success Now
There is a vast amount of talking in the present day about "Freewill" and "Fate." It seems that the majority of society believes that their surroundings and circumstances – their state of affairs – are caused by the subtle, mysterious workings of an omnipotent power, over which they are powerless.
The name of this power, they call "Fate." And while they vastly disagree on exactly what it is, what it does, and what makes it operate, they do, nevertheless, agree, excluding the acts of God, that it somehow controls their actions, movements, and circumstances; predestinating them to a prescribed state of affairs – each to his or her own varying degrees of wealth or poverty; health or sickness; happiness or sadness, and a score of other things in between.
While there is, admittedly, some circumstantial evidence that is habitually construed to support their belief in "Fate," there is no actual concrete proof that could justify a dogmatic view in favor of it. However, the same cannot be said of "Freewill." There is just too much available tangible evidence to ignore its validity. And because of this fact, the minority – those individuals within it who actually believe in "Freewill" – the belief that we are independent agents responsible largely for our own state of affairs, feel strongly that claim to a belief in "Fate" is a pretentiously evadable tactic used by those within the majority to deny responsibility for their state of affairs – their particular levels of poverty or wealth, happiness or sadness, etc., and to justify their failure to take corrective action to better their state of affairs.
So numerous are the examples that could be given, if space permitted, that support the validity of "Freewill," and which examples would work, perhaps as well, I have nevertheless chosen Henry Ford because his story is most remarkable in that it embodies, as nearly as possible, the actual essence of "Freewill." Henry Ford made a monumental decision at the young age of 16 that he wanted to become an apprentice mechanic. Now that does not sound like a monumental decision, but it definitely was in the case of Henry Ford. Unknown, perhaps, even to Henry Ford, his decision was destined to strip "Fate" of its theoretical power and become a perpetual herald to the eminence of "Freewill" – to the fact that an individual, not "Fate," is responsible for his or her own state of affairs.
Consider carefully the importance that one farm boy's decision would have on this nation and the world. Because of this decision, Henry Ford would become the founder of Ford Motor Company; and although Eli Whitney was the first to introduce the assembly line method of production, Henry Ford, because of his monumental decision, was to become one of the first to apply the assembly line method of production to the mass production of affordable automobiles and is credited with contributing to the creation of the middle class in American society. Henry Ford's achievement was labeled "Fordism" because it helped to revolutionize industrial production not only in the United States but also in other countries. Henry Ford did many other things, but this suffices to point out that his decision at age 16 to become an apprentice mechanic was a monumental decision, and it gives validity to "Freewill."
While most of the world knows of Henry Fords achievements, they do not know of the problem that Henry Ford faced at age 16 when he made his "monumental" decision to become an apprentice mechanic. Here was the problem that confronted Henry's decision; and regrettably, it is still a problem that challenges many of us today – Had Henry earnestly believed in "Fate," as the majority does, he would have given up on his goal, resigned himself to the life of a farmer, accepting his "Fate" – a farm boy.
While most of Henry's family and acquaintances saw Henry as a farmer, Henry was busy seeing himself as what he wanted to become and having the courage to take the necessary action to achieve it. This wasn't always easy for Henry because his decision was not immediately accepted as popular by his family, especially by his father who, at first, was very obstinate about what he wanted Henry to become – a farmer; However, through the demonstrated determination to achieve what he wanted, young Henry's father, as did other family members, gradually came to accept and even to appreciate Henry's decision about what he wanted to become; and they saw living proof through Henry's own example, that each individual is a "Freewill" agent responsible for his or her own state of affairs – that an individuals state of affairs is determined most largely, not by "Fate," but by specific actions that an individual chooses through "Freewill" to exercise.
Maybe you are still undecided about what goal you want to achieve, and/or you are still uncertain about which is right, "Fate" or "Freewill"? If so, then you are not alone. People will continue, at times, to have questions about which goals they should pursue and will continue to debate and disagree on the preeminence of "Fate" and "Freewill," as they always have. It may prove of benefit in helping you arrive at your own decisions about "Fate" and "Freewill," to weigh the known facts. Namely, that while there is, admittedly, some circumstantial evidence that support a belief in "Fate;" however, there is no actual concrete proof that could justify a dogmatic view in favor of it – the same, however, cannot be said of ""Freewill". There is such a vast amount of tangible evidence in support of its validity, and the fact that you can change your state of affairs by taking appropriate action; that we cannot ignore the validity of "Freewill;" neither can we ignore its claim to preeminence – consider the example of Henry Ford. Add to this, the fact that there are dozens of others, like Henry Ford, whose names I have not mentioned; whose stories I have not yet told.
Maybe you have an inward desire to be or to achieve some cherished goal, as did young Henry Ford who more than anything else wanted to be a mechanic apprentice. It may be a simple goal that everyone expects of you, or maybe your goal deviates a little bit, or quite a distance, from what is, or what you perceive is expected of you; and because of this, you are not exactly sure on how to proceed. In either case, do what young Henry did – listen to your inward yearning to be and to achieve what you want in life; not what someone else wants or expects of you – but what you want. And when you are firmly convinced about what goal you want to achieve, go after it like young Henry did; and like Henry Ford, do not alienate yourself from friends and family. Instead, let your determination win their approval and support.
By recognizing and acting on his right to be a "Freewill" agent, young Henry Ford, with his newly acquired skills, was better suited to repair the farm equipment and still, at the same time, disciplined enough to exercise his obligation to help around the family's farm on his return visits and stays at home. The decision of one 16-year-old farm boy has benefited not only Henry Ford and his immediate family; but it has, and perpetually does, continue to benefit America, the world, and you and me.
Can you imagine the magnitude of the potential loss that we would have endured were it not for the fact that Henry Ford chose to exercise his right as a "Freewill" agent? When you do likewise, what success story will you one day have to share?
Good luck in your journey for success.


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Sewaholic Fraser Sweatshirt
Sewaholic Fraser Sweatshirt
The perfect layering piece! Wear it over sports bras and knit tops, wear it under jackets, or wear it on its own. Cool details make this more than just a simple sweatshirt top.
View A features contrast yoke and sleeve panels that come to a point at centre front and centre of the sleeve, and long sleeves. View B has a plain front, crew neck, and three quarter length sleeves. It's a great go-to basic! View C has a set-in collar detail that has the appearance of a separate collar, but won't flip up or shift around. This collar is guaranteed to lay flat! View C has elbow-length short sleeves. All views have a plain back with no seaming or detailing so your movement isn't restricted.
Instead of standard machine-stitched hems, the sleeve and body hems are finished with fabric bands. These banded hems are easy to sew and finish the edge in a professional-looking way.
Easy to sew - no serger required!
This is a printed paper sewing pattern that will be mailed to you at home.
Low stock: 1 left
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Tapas Bar & Paella Pit
Make a reservationClassic and contemporary Spanish cuisine.
At Tapa Toro, we combine contemporary, Spanish cuisine with a vibrant, energetic atmosphere – bringing a fresh dining experience to International Drive. Our unique paella pit, vibrant tapas menu, and extensive selection of imported wines will guide you through a culinary journey of Spanish flavors and culture in the heart of Central Florida.


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Almost every day on our program, we end with a "Reporter's Notebook," on events or issues that aren't necessarily leading the news. In this rebroadcast of today's To the Point, we present a collection of our favorite interviews from this year with the authors of remarkable books. We hear how Barack Obama's biographer learned more than the President knew about his own ancestry; why Exxon-Mobil's not really an American company — and how women came out of the secretarial pool into senior positions in the news industry. We also get a scathing account of America's fumbling efforts to transform Afghanistan — before and during our longest war. Plus, a conversation with Salman Rushdie about surviving a fatwa.
Our Favorite Author Interviews of 2012
From this Episode:


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Two years ago this month I was in Madrid reporting a story on the troubles of the Spanish economy and what they meant for Europe and its debt crisis. And here I am today writing about the troubles of the Spanish economy and what they mean for Europe and its debt crisis. I usually don't like to repeat myself, but the fact that I am anyway shows just how badly Europe's strategy for resolving its debt crisis is failing.
In fact, Spain's predicament has actually worsened in the past two years. The national statistics bureau revealed on Monday that GDP contracted by 0.3% in the first quarter from the previous one, placing Spain officially back in recession. Unemployment has continued to rise: now, a staggering 1 in 4 people are out of work. Standard & Poor's downgraded the government's credit rating last week, and followed that up on Monday by doing the same to 11 Spanish banks. Meanwhile, Spain's borrowing costs remain elevated. The yield on 10-year government bonds is back near 6%.
(PHOTOS: Police and Protesters Clash in Spain)
We should all be very worried about what's going on in Spain — because Spain isn't Greece. The Greek crisis was most likely not a direct threat to the survival of the monetary union. Its economy was simply too small. The danger was in the possible contagion effect Greece might present if it outright defaulted or bolted from the union. Spain, the zone's fourth largest economy (after Germany, France and Italy), can do a lot of damage all by itself. If Spain ultimately requires a bailout, it would strain the resources available in the zone's rescue fund (the European portion of which was recently boosted to a total of $925 billion) and put pressure on the zone to fatten up the fund even more, which Germany and others have been reluctant to do. Such an event would also be the biggest blow to the future of the euro yet, likely reigniting the crisis in Italy and making other bailouts more likely (especially for Portugal). With emerging markets slowing down, Europe in the toilet, the U.S. recovery uncertain and energy prices high, a Spanish meltdown is exactly what the global economy doesn't need right now.
How bad will the pain in Spain get? Concerns are escalating that Spain will ultimately need a bailout like Greece, Ireland and Portugal. Here's what Megan Greene at Roubini Global Economics had to say a few days ago:
Watching developments in Spain since the beginning of April has been source of non-stop déjà vu for anyone who spent 2010 watching events unfold in Ireland. There are a number of striking similarities between the position in which the Spanish government now finds itself and the Irish government's situation in November 2010, just before it was forced into an EU/IMF bailout programme. Based on Ireland's experience, a bailout for Spain seems inevitable.
The fact that we're even talking about a bailout for Spain shows how badly the economy has been mismanaged by the euro zone. Spain is not Greece in another way. Before the Great Recession, Spain didn't really have a serious government-finance problem. In 2007, Spain's government debt-to-GDP ratio was only 42%, far below Germany's 66%, according to OECD data, and it posted a budget surplus. Granted, government finances have been deteriorating ever since because of the recession, but Spain's true difficulties have always been elsewhere — in the private sector. The financial sector got slammed in a gargantuan property bust, leaving banks with tons of bad loans on their balance sheets. Though the administration of Prime Minister Mariano Rajoy, following in his predecessor's footsteps, has taken action to repair the banks — demanding they set aside new provisions against further property-related losses, for example — fear remains that pressure on the banks will continue to build. Property prices, which have already fallen by about 22% from their 2007 peak, could, by some estimates, fall a further 20% from current levels, sending more property-linked loans into the bad category. Nonperforming loans have already been on the rise. The concern of investors is that a banking sector in increasing distress will eventually need a bailout. Since such funds are unlikely to come from private investors, the government would have to step in — putting even more strain on already strained national finances.
(MORE: The Future of the Euro: Why Sentiment Alone Can't Save the Union)
The recipe being employed in an attempt to fix Spain's problems is making the situation worse. The euro zone has insisted Spain adhere to the austerity-first crisis-fighting strategy imposed on Greece and other weak euro-zone economies. In doing so, however, the government is further depressing the economy, which increases the number of bankruptcies and defaults within Spain, and thus further weakens the banking sector. That makes it all the more likely that Spain's banks will need a bailout the state can't afford. And so on and so on. The result of the current policy is, therefore, weakening the weakest parts of the economy — the banking and property sectors — while at the same time failing to strengthen the country's finances or bolster investor confidence in the country. Despite severe budget cutting, the government admitted earlier this year that its debt level would continue to rise.
The response from the powers of the euro zone has been: too bad. After meeting with his Spanish counterpart, German Finance Minister Wolfgang Schäuble insisted that there was little flexibility in the current austerity-crazed policy. "The first precondition in order to have sustainable growth everywhere in Europe is fiscal consolidation," Schäuble said. In other words, Germany is dead set on a crisis-fighting strategy that is proving not to work.
That isn't to say austerity should be scrapped. Spain and all of the governments of the euro zone need to count their pennies. But the problem is the one-size-fits-all approach to the crisis. Not every crisis-hit economy is experiencing the same problems, and therefore the euro zone shouldn't be imposing the same solution uniformly. What we need is a policy mix for each country that actually fits the problems of each country.
(MORE: Why Voters in Europe Want a Change of Tactics in the Euro Crisis)
How can Spain avoid a bailout? In my opinion, the government, in cooperation with the euro zone, has to finally tackle the real problem: the financial sector. Rather than the ongoing, slow-moving bank-repair program, we need a bite-the-bullet approach to bring clarity to the situation. Perhaps the banks can somehow be shored up with private capital, so as not to further burden taxpayers and the finances of the state. But if that is not possible — and it probably isn't — the state should come in fast and furious, clean out the bad loans and recapitalize banks. If the Spanish government doesn't have the money, it should tap the euro zone's rescue fund. That fund has already been handed the mandate to use its money to recapitalize euro-zone banks, but it is a weapon in combating the debt crisis that has yet to be unsheathed. In doing so, Spain would alleviate the main cause of investor concern and perhaps gets its banking sector functioning — and lending — again. That's good for growth.
The authorities in Madrid have been reluctant to take such drastic action. Part of the reason has been an attempt to keep the problems of the banks from further undercutting national financial strength, as happened in Ireland. That is understandable. There are risks involved in a big bank-reform program as well. Any attempt to tap official euro-zone financing could scare off private investors and raise borrowing costs. But watching what has happened in other countries with banking disasters, a go-slow approach never seems to work. Japan is suffering today because it dawdled in attacking its banking crisis in the 1990s. Spain may be moving toward a more aggressive policy toward its banks. Officials are talking about forming a "bad bank" to take the load of bad property-related assets off the banks' books.
There are no easy solutions. The point, though, is that Europe needs to tailor its crisis-busting methods to the real situation on the ground, rather than blindly insist on a cookie-cutter approach across the zone. If that doesn't happen, I'll probably have to write about a Spain in crisis in another two years.
MORE: The Jobless Generation


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I've always loved teaching.
When I was a young girl, I used to play school with my stuffed animals and any friends that I could trick into being a student in my class. I made an Attendance List (the students didn't always show up on time!) and I taught math, writing, art, and deep life lessons from a 4th grader.
Turning to my stuffed duck "Quackers", I would often say, "Quackers, why were you late for school this morning? I'm going to have to see you after class today."
Sighing, I marked a big "L" beside his name.
"Jonathan and Annabel, please stop talking while the lesson is being taught."
It wasn't always roses and puppy dogs.
While I didn't end up becoming a teacher, I do like to pretend I'm one on the blog. I also know when you're skipping class!
But today, I'd like to be the student. And I think you can help…
I'm on a fruit butter making kick.
Earlier this week, I made my beloved pumpkin butter in a slow cooker and turned out wonderfully.
I've been spreading it on everything and mixing it into oatmeal. As soon as I see sugar pumpkins at the market, I will be making pumpkin butter from fresh pumpkins later this Fall.
After my pumpkin butter success, I decided to make apple butter. I've never made it before, but I absolutely LOVE it. I researched about 10 different apple butter recipes, trying to decide the best way to make it (there are a lot of methods!). I decided to go with the most popular apple butter recipe on All Recipes with 5 stars and 525 reviews. Although, without the 4 cups of white sugar…
I added fresh ginger, ground cloves, cinnamon sticks, 1/3 cup Sucanat, and a 1/4 cup of apple juice instead.
Then I bought 5 pounds of local, sweet apples!
It took me just 10 minutes to peel 5 pounds of apples. Not too shabby!
(That picture only shows half the apples)
I diced the apples. I added cinnamon sticks, fresh ginger, apple juice, ground cloves, and a touch of Sucanat.
Mix in slow cooker:
I heated on high covered for 1 hour. I waited.
Then I turned the heat to low, still covered, and cooked for another 15 and 1/2 hours. I waited. I may have slept.
I came downstairs hoping to find thick and dark apple butter, but no such luck. I think it's somewhere in between applesauce and apple butter right now!…
I've been cooking it on medium heat, uncovered, for a couple hours so far this morning.
And I'm praying for a miracle.
Anyone have any words of advice for me? Did I make it all wrong?


text: As many hobbyists have noticed, invertebrates are making a comeback in the hobby. Many hobbyists are keeping invertebrate tanks only due to their interesting characteristics and funny behavior. The popular invertebrate on the scene are the cherry shrimps, Neocaridina heteropoda. These fun little shrimps are creating a storm around the globe along with other color morphs. This is a simple guide to highlight the care and requirements of these intriguing shrimp and to give key points on how to breed them. (photo from: http://www.smartblue.net/akvateam/card_images)