text:
Today, we are very thrilled to announce that V220.127.116.110 is available for you to download.
Not only would you find new feature 'Built-in PDF plugin' in this official release, but also high speed and more stable browsing experience.
Couldn't wait for you guys to have a try. And any feedbacks on this release would be very appreciated. Thanks for your tremendous support.
Installer version:
MD5: b94590aa8aba08662bb03ae17a7dd129
Portable version:
MD5: cbdd12588a1c1c03273cfd2a9d7ec8a1
184.108.40.2060 [2014-06-05]
[Main Frame]
* Improved Maxthon Multi Search
[Webkit Core]
* Enhanced core stability
126.96.36.1990Beta [2014-05-22]
* Improved downloading prompt
* Advanced page smooth scrolling feature
Fixed bugs:
[Main Frame]
* The button 'Show more' and 'clear all'on the address bar drop list fail to work
* Fail to update the quick access default picture
[Webkit Core]
* YouTube HTML5 Videos fail to play correctly
* In certain situation, Flash block page elements
* No response after switching tabs by F2 and F3 for several times
* Under certain circumstances, Global blocking rules always works
* Unable to download files in certain pages
* Anomalous file name downloaded from certain pages
126.96.36.1990Beta [2014-05-22]
Newly added feature:
+ Built-in PDF plugin
* Display effects of sidebar extension under high DPI
* Better DNS pre-reading and hyperlinks pre-link
* Advanced Ad-Hunter performance
* Enhanced Pop-Up Block feature
* Improved core waste recycling
Fixed bugs:
[Webkit Core]
* Anomaly caused by the Local storage memory space problem
* File system may result in some problems
* Bugs occur when Super Drag&Drop specific texts
* Certain Anomalies caused by Context3D
* CPU usage soars while scrolling certain pages
* Browser internal error and the inability to copy content in certain pages
* No smooth scrolling effect on Win8 touch screen
* Pop up video and then close its tab may lead to the video window exit
NB: For those who already downloaded the V126.96.36.1990 yesterday (2014-06-05), we would like you to know that
there is a small change on the installation start page in today's release. No difference on the product itself.
To better and more efficiently solve the problems you meet during the usage, for any suggestions or bug reports, we do hope you may go to 'Product Support' area and report/describe by a new separate thread for each problem/topic. We will read each thread and update the follow-up status then. Meanwhile, some problems are probably be left out if they are stated in other thread.
Thanks very much for your cooperation!


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I am big picture kind of gal. Though with that, I think I have been forgetting to stop and enjoy the little things. The details. I am going to work on that. Can you tell by huzzah posts of late?
Since we got back home, I find myself just watching the girls a little bit more and savoring. Not that I am just staring at them and doing nothing, but still doing things that need to get done but really taking note of them and watching. Trying to memorize them in my heart. Then late last night when all was quiet, Ben had fallen asleep, I was thinking of all of them (Ben included) and prayed for them. I honestly feel frantic all the time. It may not look like it and may not seem like it in this space, but I do feel it. I want to be more still, in my heart and not actually physically, and just savor this time God's given me.
Learned and links...
Melody is so smart. Justice who?! I think I better start educating myself on this stuff more.
I love this house. This will be on the must make this summer list.
A pink lake?!! Adding Lac Rose on my list to visit... one day.
Glow yells. For food at least. She jumps, scream, attacks the minute she sees that baby food come out. Sometimes, I even call her my little glanimal.
There will be some blog changes in the coming future. It's being worked on and I am pretty excited about it.
My friend Helen's wedding photos are amazing. This one... so good!
The ipad is i-mazing!
Behind in emails, if you're waiting for one. Getting to it soon.
I love all the color in this home. I love neutral palette homes and wish I could do it because it seems so clean, but I am really much more drawn to homes that have pops of color.
Ben goes back to work Monday, but is off on Wednesday... yay! Then we celebrate our anniversary next weekend. Have a jolly weekend friends!
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Suit by Thomas C. McKittrick against the Arkansas Central Railway Company and others to enforce payment of coupons of certain bonds of the state of Arkansas, guarantied by said company, out of the income of property formerly belonging to the company and sold on foreclosure of a mortgage thereon. On demurrer, the bill was dismissed. Complainant appeals.
This appeal brings up the final decree of the circuit court of the United States for the eastern district of Arkansas, sustaining a demurrer to a bill filed by the appellant, and dismissing such bill for want of equity.
The appellant, who was the plaintiff below, is a citizen of Great Britain. He sues on behalf of himself and all holders of bonds issued to the Arkansas Central Railway Company by the state of Arkansas, under the provisions of an act of the general assembly of that state, entitled 'An act to aid in the construction of railroads,' apprpoved July 21, 1868. The defendants are the Arkansas Central Railway Company, a corporation of Arkansas; the Arkansas Midland Railroad Company, a corporation of the same state; and the [152 U.S. 473, 474] Union Trust Company of New York, a corporation of the state of New York.
The bill is of unusual length, and it is difficult to present the case properly without a full statement of its allegations. According to those allegations,-which, upon demurrer, we must take to be true, the case made by the bill is as follows:
By section 6, art. 10, of the constitution of Arkansas, in force in 1868, it was provided that 'the credit of the state or counties shall never be loaned for any purpose without the consent of the people expressed through the ballot box.' For the purpose of loaning the credit of the state, and in order to encourage the building of railroads within its limits, the general assembly of Arkansas passed the above act of July 21, 1868, by the first section of which act it was provided: 'For the purpose of securing such lines of railroad in this state as the interest of the people may from time to time require, the faith and credit of the state of Arkansas are hereby irrevocably pledged, and the proper authorities of the state will and shall issue to each railroad company or corporation, which shall become entitled thereto, the bonds of this state, in the sum of one thousand dollars each, payable in thirty years from the date thereof, with coupons thereto attached for the payment of interest on the same in the city of New York, semiannually, at seven per cent. per annum, in the sum of fifteen thousand dollars in bonds for each mile of railroad which has not received a railroad land grant from the United States, and ten thousand dollars in bonds for each mile of railroad which has received a land grant from the United States, on account of which such bonds shall be due and issuable as provided.' Acts Ark. 1868, p. 148.
At an election held November 3, 1868, under the provisions of this act, the people of the state voted upon the proposition submitted by it, and a majority of the votes cast at such election voted in favor of it, and 'For Railroads.'
By the second section of the act, it was made the duty of the board of railroad commissioners to receive application from [152 U.S. 473, 475] railroad companies for the loan of the credit of the state, and to designate the companies entitled titled to such aid. The fourth section provided that any railroad company having existence under the laws of the state, and desiring to receive the aid referred to in the act, might signify the same by application to the board of railroad commissioners, signed by its president and attested by the seal of the company, setting forth its character, organization, capital stock, a map of the line or lines of road proposed to be built, the progress made thereon, the financial condition and resources of the company, with such other information as the case required, and if the board of commissioners found such corporation to be organized according to law, with resources adequate to the purpose, and that the construction of the proposed line or lines of road would be of public benefit, and the board consented to approve and to grant such application, then and thereafter the company or corporation should be entitled to, and have a right to ask for and receive, the bonds of the state in the act mentioned.
The president of the Arkansas Central Railway Company (which had not received a land grant from the United States) applied to the railroad commissioners for a loan of the credit and bonds of the state, as provided in the act of 1868; and on the 25th of April, 1870, the board awarded to that corporation such aid for a distance of 150 miles, and at the rate of $ 15,000 per mile. Of that action notice was given to the railway company.
The railway company was authorized by its charter to construct, maintain, and operate a railroad from Helena, in the county of Phillips, through the counties of Phillips, Monroe, Arkansas, Prairie, and Pulaski to Little Rock, all in the state, the line so located, exclusive of side tracks, being 100 miles in length, and also a branch road from a point on its main line at or near Aberdeen to Pine Bluff, in the county of Jefferson.
On the date last mentioned, upon proof being duly made and filed in the proper office, the governor of Arkansas, on an award of the loan of the state's credit, caused to be issued and delivered to the Arkansas Central Railway Company 150 [152 U.S. 473, 476] bonds of $1,000 each, numbered from 1 to 150, both inclusive. Subsequently, from time to time, at different dates between April 25, 1871, and July 12, 1873, inclusive, on similar proof, the board of railroad commissioners caused to be issued and delivered to the railway company other bonds, 1, 350 in number and of $1,000 each.
Each of the bonds thus issued and delivered certified, by the governor and auditor, and attested by the secretary and treasurer, under the seal of the state, that the state of Arkansas was indebted 'unto the Arkansas Central Railway Company or bearer in the sum of one thousand dollars, lawful money of the United States of America, redeemable, at the city of New York, thirty years from the date hereof, with interest at the rate of seven per cent. per annum, payable semiannually, at the city of New York, on the first day of April and October in each year, on the presentation of the proper coupons hereto annexed. The faith and credit of the state are hereby solemnly and irrevocably pledged for the payment of the interest and the redemption of the principal of this bond, issued in pursuance of an act of the general assembly of the state of Arkansas, approved July 21st, 1868, entitled 'An act to aid in the construction of railroads,' the said act having been submitted to and duly ratified by the people of the state at the general election held on November 3d, 1868.'
Each of the bonds at the time of their issue had sixty interest coupons attached thereto, separately numbered, calling for the payment 'to the bearer of thirty-five dollars, in the city of New York, on the first day of October, 1871, being semiannual interest due on bond No. ___.'
The Arkansas Central Railway Company, on delivery of the bonds to it, caused and authorized its president to indorse officially upon each bond a special guaranty in the words following: 'For a valuable consideration the Arkansas Central Railway Company hereby guarantee to the holder of the within bond the payment of the principal thereof when due, and of the interest thereon, as the same accrues, by the state of Arkansas; and on default of said state of Arkansas to pay such principal or interest, or either, as the same shall become [152 U.S. 473, 477] due, the Arkansas Central Railway Company agree to pay the same to said holder upon delivery of the within bond, or of the coupon for the interest thereon, upon which a default of payment shall have been made.'
Under the seventh section of the act referred to, it became the duty of the legislature from time to time to impose upon the railroad company, to which its bonds were issued, a tax equal to the amount of the annual interest on such bonds at the time outstanding and unpaid, and, after the expiration of five years from the completion of the road, to impose an additional special tax of 2 1/2 per cent. per annum upon the whole amount of the state aid granted to the company; such taxation to continue until the amount of bonds issued to any company, with the interest thereon, should be paid by it, in which case the railroad was entitled to be discharged from all claims or liens on the part of the state.
The railway company had not, when this suit was brought, discharged said lien, nor had it been discharged by any one else for or on its behalf.
It was further provided by the eighth section of the act that in case a company should fail to pay the taxes imposed by the seventh section when the same became due, and for sixty days thereafter, it should be the duty of the treasurer of the state, by a writ of sequestration, to seize and take possession of its income and revenues until the amount of its defaults was fully paid up and satisfied, with costs of sequestration, after which the treasurer was authorized to release any further revenues to its proper officers.
Bofore the award of the loan of the credit of the state, and at the first meeting of the legislature after the election at which the act of 1868 was voted upon and ratified, and before any bonds were issued under it to said railway company, the general assembly of Arkansas passed an act to provide for the prompt payment of the interest upon the bonds which it might thereafter issue to railroad companies. That act is entitled 'An act to provide for paying the interest on the bonds issued to aid in the construction of railroads,' and was approved April 10, 1869. Laws Ark. 1868-69, p. 147. [152 U.S. 473, 478] In that act it was provided that the auditor of the state should, on or before the 1st of June in each year, certify to the state treasurer the amount of bonds issued to each company, with the amount of semiannual interest to accrue thereon; that is to say, the amount of interest the state would have to pay on the 1st of October of that year on the bonds issued to each company, and the amount of tax required from each to pay the same, such tax to be due and payable on the 30th day of June of that year. The auditor was required in like manner, on or before the 1st day of December in each year, to certify to the treasurer of the state the amount of semiannual interest the state would have to pay on the bonds on the 1st day of April in the ensuing year, issued under the act of 1868, and the amount of the tax required from each company to pay the same, such tax to be due and payable December 31st of that year.
It was made the duty of the treasurer, upon receipt of the auditor's certificate to cause notice to be served upon each railroad company on or before the 20th day of June and December of each year, specifying the amount of tax to be paid, which amount should be the interest on the bonds for that period, and demanding the payment of the same into the treasury upon the 30th day of June and the 31st day of December, respectively, in conformity with the provisions of the acts of July 21, 1868, and April 10, 1869.
If, at the expiration of 60 days after the tax became due and payable, the railroad company should fail to make payment, it became the duty of the treasurer, through the attorney general, to make and file a petition in the chancery court of Pulaski county, setting forth the amount due and the fact of default, praying the issue of the writ of sequestration contemplated in the act of 1868, and the appointment of a receiver to take the revenue and income of the company for the purpose specified in that act. The receiver, upon such writ being issued, was required to take possession of the incomes and revenues of the defaulting company, with authority to demand and receive all moneys coming to it from the operation of its road. The officers of the defaulting company were required [152 U.S. 473, 479] to pay over to the receiver all moneys coming into their possession as revenue and income, or from operating the railroad; and they were required to submit all necessary books and papers to the receiver for examination. All moneys received and all moneys coming into the hands of the receiver, after meeting proper operating expenses, were directed by the act to be applied to the payment and discharge of the tax due and unpaid. The receivership was to continue until the amounts in default were paid, with the reasonable costs of sequestration. When such payments had been made, the receiver was to be discharged, and to withdraw from the management of the affairs of the company.
After the award to the Arkansas Central Railway Company of the loan of the state's credit, to wit, on the 3d day of July, 1871, that company executed a mortgage or deed of trust to the Union Trust Company of New York, as trustee, to secure the payment of $1,200,000, evidenced by coupon bonds bearing interest at the rate of 7 per cent. per annum. This mortgage embraced all the property and appurtenances of the railway company. It was not filed for record or recorded in the county of Pulaski until some time in 1871, nor was it filed for record in the other counties through which that railway was to be constructed, operated, and maintained until after that date. Under that mortgage or deed of trust 1,000 bonds of $1,000 each, and 400 of $500 each, were executed and delivered to the trustee. It was provided in the mortgage or trust deed that none of said bonds should be deemed issued under the mortgage, or otherwise entitled to the benefit or security thereof, or be in any wise obligatory upon the railway company as an evidence of debt, or otherwise, unless or until there should be indorsed thereon a certificate signed by the Union Trust Company, through its proper officer or its successor in trust, authenticating them as being duly and lawfully issued and secured. Mortgage bonds were signed, certified, and issued by the Union Trust Company to the amount of $720,000.
In April, 1873, the railway company canceled and caused to be destroyed the remaining bonds unissued, to wit, 480 of [152 U.S. 473, 480] the denomination of $1,000 each, and on the same day executed and delivered to the Union Trust Company its second mortgage or deed of trust on the same property and appurtenances to secure the payment of 960 bonds, each for the sum of $500, with interest coupons attached, representing the interest to become due thereon semiannually at the rate of 7 per cent. per annum. It was provided in the latter mortgage that none of the bonds should be deemed issued under it, or entitled to the benefit or security thereof, or be in any wise obligatory on the railway company as an evidence of debt or otherwise, unless or until there should be indorsed thereon a certificate signed by the trust company, through its proper officer, authenticating them as being duly and lawfully issued and secured. The second mortgage bonds issued, signed, and certified amounted to $480, 000.
On the 6th of September, 1876, a suit in equity was instituted in the court below under the style of the Union Trust Company of New York v. Arkansas Central Railway Company. The bill in that case contained, among other things, the following: 'Twelfth. Your orator further shows that the state of Arkansas has, or pretends to have, some claim or lien on said railway and the other property of said Arkansas Central Railway Company so mortgaged to your orator as aforesaid, the particulars and nature of which are unknown to your orator, and therefore your orator cannot more particularly state the same.' Its prayer was 'that it may be ascertained and adjudged what, if any, estate or interest the state of Arkansas has in the said mortgaged property, and also whether the same is prior and superior to or subsequent and subject to the rights, estates, and interest of your orator under the two said several mortgages herein described.'
Neither the state of Arkansas nor any of the holders of the bonds issued by the state to the Arkansas Central Railway Company, nor the holders of the coupons attached thereto, were represented in or were parties to that suit; nor was any decree therein rendered which in any manner determined the priority of said bonds, or whether the lien of the state to and for the use and benefit of the holders of the state aid bonds [152 U.S. 473, 481] was subordinate in point of time or equity to that of the bonds issued under the mortgage as aforesaid. A copy of the decree is attached to the bill in this case. In that suit the railway company, being duly served with process, and neither appearing, answering, nor demurring to the bill of complaint, a decree pro confesso was taken and entered January 1, 1877. Subsequently, on March 17, 1877, a final decree was passed against the railway company. It was decreed, among other things, that the whole amount of bonds issued under said mortgage, with the interest thereon, was due; that unless the said defendant paid or caused to be paid to said complainant trust company, on or before a day certain named, the sum thereof, being the said principal and interest, with costs of suit, the mortgages should be foreclosed, and the equity of redemption of the railway company henceforth barred from all equity of redemption under said mortgage, and, in default of payment, the mortgaged premises mentioned in the bill be sold.
The railway company having failed within the time limited to pay the amount of the decree referred to, the mortgaged property was sold July 26, 1877, by a master commissioner of the court, for the sum of $40,000, to S. H. Horner as trustee. Pending that foreclosure proceeding, a receiver was appointed to take cahrge of the railway, its property and appurtenances, and he did take such charge. By authority of the court, betterments were placed upon the railway and property acquired to the extent of $25,000, or about that sum. At that time the railway was completed, equipped, and in operation for a distance of 48 miles, and was worth more than $400,000.
Before the sale, to wit, on the 28th of June, 1877, the Lombard Syndicate, Limited, a corporation of England, by and through which the railway company had sold and negotiated many or all of the state bonds issued to the Arkansas Central Railway Company, and which was then the holder of some of them, filed in court a notice and protest, which was in words as follows:
This protest and notice came to the hands of the receiver and to said Horner before the foreclosure sale, and was read at and before the sale, in the presence and in the hearing of said Horner and his alleged cestuis que trustent.
By the first section of an act of the general assembly, approved May 29, 1874, it was provided: 'That an act entitled, 'An act to provide for paying the interest of bonds issud to aid in the construction of railroads, approved April 10th, 1869,' be, and the same is hereby, repealed.' After the passage of that act, the officers, agents, and attorneys of the state neglected [152 U.S. 473, 483] and refused, and, at the commencement of the present suit, still refused, to take any steps towards enforcing the payment of the interest on the bonds issued to the Arkansas Central Railway Company.
The Arkansas Midland Railroad Company was incorporated by an act of the general assembly of Arkansas, January 20, 1855, with authority to construct a railroad from Helena to Little Rock. It was empowered by its charter to make a lawful contract for uniting its road with any other road having the same terminus, or which might at any intermediate point approach its line. On the 8th of March, 1869, there was filed in the office of the secretary of state at Little Rock, under the general railroad incorporation law of the state, articles of association incorporating the Little Rock & Helena Railroad Company, the purpose of which was to construct a railroad from the city of Little Rock to Helena. By resolution of the board of directors of the Arkansas Midland Railroad Company, adopted August 31, 1870, that company was consolidated with the Little Rock & Helena Railroad Company under the name of the Arkansas Central Railway Company. This action of the board of directors of the Arkansas Midland Railroad Company, changing the name of its road to that of the Arkansas Central Railway Company, was confirmed at a meeting of the stockholders of the former company. At a meeting of the directors of the Little Rock & Helena Railway Company held January 20, 1871, a resolution was passed declaring: 'That we hereby agree to consolidate with said company under the name and style of the 'Arkansas Central Railway Company,' and do hereby authorize and empower W. H. Rogers, the president of this company, to convey unto said Arkansas Central Railway Company all the rights, privileges, and immunities that we have or may have had, or by any means may hereafter become entitled to, under or by virtue of said organization, and, after said conveyance made, this company shall utterly cease to exist.'
The conveyance referred to in that resolution was, in fact, made, and the rights, privileges, and immunities of both companies were assumed, possessed, and controlled by the Arkan- [152 U.S. 473, 484] sas Central Railway Company, the president of the Arkansas Midland Railroad Company becoming president of the former company, which, formed and continued as aforesaid, is one of the defendants in this suit.
The bill further alleged that A. H. Johnson was the president of the Arkansas Central Railway Company for a long time, and up to the date of the foreclosure aforesaid; that he 'brought about' that foreclosure, and became the receiver of said road in that suit, acting as such for a long time; that he subsequently conspired with one W. W. Bailey and J. J. Horner to secure possession and control of said railroad, of which 48 miles had been completed and were in operation; that to that end he procured Bailey to be appointed receiver in his place and stead, all the while himself drawing the salary of recelver; that in pursuance of that confederation Bailey appointed Johnson superintendent of the railroad, for which the latter was separately paid, giving him certain contracts, whereby Johnson became the holder and owner of receiver's certificates to a large amount, such certificates becoming a charge upon the road superior to any of the mortgage bonds then being foreclosed; that J. J. Horner was, at that time, one of the attorneys of the Union Trust Company in the foreclosure suit, and a party to the proceedings in that suit; that S. H. Horner is the brother of J. J. Horner, and pretends to have purchased the railroad at the foreclosure sale, as trustee for Johnson; that, afterwards, Johnson and J. J. Horner, pretending to be stockholders of the Arkansas Midland Railroad Company, and claiming that it was never consolidated in the manner stated, and was an independent corporation, met, and with others, whom they pretended to have qualified by issuing to them a few shares of stock in that company, assumed to elect themselves as directors; that, as such pretended directors, they again met, and by common consent selected from among themselves the officers of the company, as follows: Johnson, president and general manager; John J. Horner, vice president; and S. H. Horner, secretary.
S. H. Horner, who had purchased as aforesaid and then held the said railroad and appurtenances in his capacity as [152 U.S. 473, 485] trustee, thereupon assigned, conveyed, set over, and delivered the same to the Arkansas Midland Railroad Company, the consideration expressed being $ 600,000; but, in fact, no part of that consideration was ever paid to or received by him as trustee or otherwise, directly or indirectly. A copy of that conveyance is attached to the bill in this case. J. J. Horner, without any consideration whatever, in pursuance of the scheme aforesaid, and as a reward for his services, had conveyed to him a third interest in the railway property, and to S. H. Horner, under like circumstances and for the same consideration, a sixth interest.
By reason of the refusal of the state, its officers, agents, and attorneys, to take any step towards enforcing the payment of the interest on its bonds issued to the Arkansas Central Railway Company, the Arkansas Midland Railroad Company is daily receiving the income and revenue from the operation of the said railroad, and is appropriating and has appropriated that income and revenues to its own use and to the use of Johnson and J. J. Horner, and no portion thereof to the payment of the past-due interest on the bonds issued by the state to the said railway company.
The plaintiff McKittrick is the owner and holder for value before maturity of coupons attached to five bonds of $1,000 each, issued by the state to the Arkansas Central Railway Company, all of which are now due and payable, with interest from the maturity of each coupon until paid. These coupons aggregate more than $5,000.
The Arkansas Central Railway Company is hopelessly insolvent, and, by the foreclosure and sale heretofore referred to, is left entirely without property of any kind from which income or revenue might or could be derived. The corporation is practically dissolved, its directory abandoned, and its property in the hands of the former president and vice president, who repudiate the liens that have heretofore existed on it.
The bill alleges that under the acts of July 21, 1868, and April 10, 1869, aforesaid, under which said bonds were issued by the state, it was not contemplated by said acts or the said [152 U.S. 473, 486] railway company or the state of Arkansas that the latter should pay the same, or the interest thereon, out of its own revenues; that, as between said state of Arkansas and said railway company, said bonds and coupons were accommodation paper, and, in point of fact and in equity, the obligation of said railway company; that the acts of July 21, 1868, and April 10, 1869, aforesaid, were printed and public acts of the state of Arkansas; that the only consideration received by the issuing of said bonds passed to and was received by the said railway company; that the only value the bonds possessed arose out of the fact that the income and revenue of the railway company were pledged for the ultimate redemption of the principal and interest thereof, and that the remedy by sequestration was provided to enforce the prompt payment of the same; and, further, that by virtue of the special guaranty, hereinbefore referred to, indorsed on the several bonds, the Arkansas Central Railway Company equitably appropriated and assigned its income and revenue, as contemplated by said acts, to the payment of the principal and interest thereof, and there now exists in favor of the plaintiff and other holders of said bonds an equitable lien or charge upon said railroad property and its earnings to the extent necessary to discharge the interest due and unpaid, and that such equitable lien or charge continues to attach as the interest matures from time to time until the same, together with the principal amounts of said bonds, have been fully paid; that said special guaranty operated substantially and in effect to raise a trust that binds the railway property and its earnings, and the defendants, who took the same with notice thereof, are in equity obliged to fulfill said trust.
The plaintiff further alleged that Johnson and J. J. Horner, although well advised as officers and stockholders as to the condition and affairs of the Arkansas Central Railway Company, in order to obtain the issue to the company of said railroad aid bonds, made and caused to be amde a statement under oath, conformably to the requirements of the act aforesaid, on the 21st day of April, 1871, to the effect that the available resources of the railway company in subscriptions of capital [152 U.S. 473, 487] stock, in moneys, lands, and other means, were sufficient to prepare 100 consecutive miles of railroad for the iron rails, when, in truth and in fact, as said Johnson and Horner then well knew, the railway company did not possess the available resources aforesaid. He charged that said statement was made with the fraudulent intent to impose on and mislead the state authorities, and to secure from the state of Arkansas, without legal right or authority, ostensibly for the railway company, but really and in fact for themselves and for their own private gain and profit, the issuing of said railroad aid bonds; that, by means of such false and fraudulent statement, the bonds were awarded to and obtained by the railway company; that in and by said act it was provided that, after the showing aforesaid as to available resources, the governor of the state should be authorized to issue to the president of the railway company the said aid bonds upon the completion and preparation for the iron rails of each succeeding 10 miles or more of road until the entire line should be completed; and, further, the president of said railway company was required to file his official receipt for each issue of bonds, accompanied by the affidavit of himself and at least four directors that the bonds or the avails of them should be disposed of solely for the purpose of providing for the ironing, equipping, building, and completing of said road. And the plaintiff alleged that notwithstanding the said defendants, as officers and stockholders as aforesaid, by means of false and fraudulent statements made and caused to be made by them as to the completion of consecutive sections of railroad ready for the iron rails, the state authorities were deceived, procured, without right or authority, into issuing to said railway company the whole amount of $1,350,000 of aid bonds as aforesaid, and that no part of said railroad was built or completed ready for the iron rails when the said bonds or any installments thereof were applied for and issued, and although the said railway company, by and through said defendants, solemnly obligated itself to devote the avails and proceeds thereof as above stated and required by said act, the same were fraudulently diverted from such purpose and appropriated to the use and advantage [152 U.S. 473, 488] of said defendants, with the exception of the first 48 miles of road now in operation.
The bill further alleges that said railway company, by putting said state bonds on the market with the recitals therein contained,-that they were issued under and in pursuance of an act of the general assembly of the state of Arkansas approved July 21, 1868, entitled, 'An act to aid in the construction of railroads, the said act having been submitted to and duly ratified by the people of the state at the general election held November 3d, 1868,' and by the guaranty indorsed thereon as aforesaid, solemnly declared to all persons receiving said bonds that the remedies therein mentioned, and the liens thereby created, existed and could be enforced, and the same estops it, as well as all persons claiming under them or it whose claims are junior in time, from denying the validity of the acts aforesaid or the bonds issued thereunder; 'that the said S. H. Horner, A. H. Johnson, J. J. Horner, and the said Arkansas Midland Railroad Company were well advised of the award of the state aid granted to said railway company by the said board of railroad commissioners, as aforesaid, before they or any of them acquired said railroad and appurtenances at said foreclosure sale, and that said J. J. Horner and A. H. Johnson were officers of said railway company, applied for and received said state aid, and they, and each of them, and said Arkansas Midland Railroad Company, are, in law and in equity, estopped from denying the validity of said acts of July 21, 1868, and April 10, 1869, and the bonds so issued by the state as aforesaid.
The relief sought is the appointment of a receiver to take possession and custody of the property, income, and revenue of the railroad property and appurtenances now in the possession of the Arkansas Midland Railroad Company, and which it acquired by or through the said S. H. Horner, purchaser at the foreclosure sale; and that such receiver continue in possession until he shall have received an amount of income and revenue to pay the costs and expenses of sequestration, and income and revenue sufficient to pay the amount of said coupons due and payable on the bonds issued by the state and deliv- [152 U.S. 473, 490] ered to the Arkansas Central Railway Company, and which may hereafter become due pending such receivership. The bill asks that an account be stated of revenues and incomes received by the defendant railroad company since it went into possession of the property of the Arkansas Central Railway Company down to the filing of the bill, and that the amount so found be directed to be paid to the plaintiff and such other persons, holders of state aid bonds as aforesaid, as may become parties to this suit. In default of such payment by a day named, the bill asks that the amount, or so much as may be found due to the plaintiff and other parties to the bill, be decreed a lien on the railroad appurtenances and property aforesaid, to be staisfied, if necessary, by a sale thereof. If it be held that the plaintiff have a lien junior to said mortgages and incumbrances, the relief asked is a decree that the plaintiffs and others holding such bonds may be decreed to have an equity of redemption in and to such railroad, its appurtenances and other property, and that such equity be declared, and the amount to be paid accurately ascertained. The bill also asks for such other relief as may seem meet in the premises, and as equity and good conscience require.
J. Erb and M. M. Cohn, for appellant.
[152 U.S. 473, 492] John J. Horner, for appellees.
Mr. Justice HARLAN, after stating the case as above reported, delivered the opinion of the court.
1. The principal question in this case is whether the acts of July 21, 1868, and April 10, 1869, taken together, created any lien upon the property of a railroad company for whose benefit state bonds were issued. That question was determined in Tompkins v. Railway Co., 125 U.S. 109, 126 , 127 S., 8 Sup. Ct. 762. [152 U.S. 473, 493] After observing that if the statutes in question read in the light of the circumstances attending their passage, disclosed an intention to charge the road of any company to which bonds were issued with liability for the repayment of any loan to it, a court of equity should enforce that charge, Chief Justice Waite, delivering judgment in that case, said: 'But after a careful consideration of the statutes, and construing them liberally in favor of the state, we have been unable to find that any such intention did in fact exist. There was a plain and simple way in which such a lien could be created, and that was by providing in express terms for it. That way had been adopted by the state in a statute passed March 18, 1867, and it was the way usually adopted by other states when granting similar aid to their own companies. The wide departure which Arkansas made in this statute from the accustomed form of proceeding, both at home and elsewhere, is strongly indicative of an intention to waive security any further than was embraced in the reserved power of sequestration. The constitution of the state gave authority to issue bonds in aid of such works of internal improvement, if assented to by the people. If the people gave their consent, then the bonds when issued became the debt of the state, and there was power in the general assembly, under the constitution of 1868, to levy taxes for their payment, if necessary. This disposes of the cases, and renders it unnecessary to consider any of the other questions discussed at the bar or in the briefs. In our opinion, the new companies took the roads free from incumbrance in favor of the state, and neither the state nor its bondholders are entitled to a sequestration of the income and revenue arising therefrom in their hands.'
An attempt is made to distinguish this case from Tompkins v. Railway Co. upon the ground that the act of March 18, 1867, referred to in that case, and entitled, 'An act loaning the faith and credit of the state in aid of the construction of railroads.' was in force when the bonds here in question were issued, and that the plaintiff, and those in whose behalf he sues, could avail themselves of the lien given by that act for securing the payment of bonds issued by the [152 U.S. 473, 494] state in aid of the construction of railroads. The section of the act of 1867 giving the lien referred to is in these words: '5. That the receipt of any railroad company for the bonds loaned to it by the state shall immediately operate as a lien upon the road, its rights, franchises, and all its property of every description, real and personal; and this lien shall be a mortgage on all the property, rights, and credits of the road, and shall have priority over any and all other debts, contracts, or liabilities of said road; and said mortgage shall continue until the entire amount loaned to the said road by the state shall have been paid off.' Acts Ark. 1866-67, No. 166, pp. 428, 430.
The suggestion that the act of 1867 was in force after the passage of that of 1868 is based upon the twelfth section of the latter act, which provides: 'At the next general election to be holden under the provisions of section three of article fifteen of the constitution of this state, the proper officers having charge of such election shall, upon a poll, as in other cases, take and receive the ballots of the electors qualified to vote for officers at such election for and against this act, in compliance with section 6 of article 10 of the constitution; such ballot to contain the words 'For Rairoads' or 'Against Railroads,' and if it appears that a majority so voting have voted 'For Railroads,' this act shall immediately become operative and have full force, and all laws heretofore passed for loaning the credit of this state in aid of railroads shall cease and be void, but if a majority shall be found to have voted 'Against Railroads,' this act shall be void and of no effect.' In State v. Little Rock, M. R. & T. Ry. Co., 31 Ark. 701, 721, it was held that the election in 1868 at which the people of Arkansas voted 'For Railroads' was a nullity, having been held before the act of 1868 took effect under the constitution of Arkansas, and, consequently, any bonds based upon that election were void. The state court, in its opinion, also suggested reasons why the act of 1868 might be held void as not having been read the requisite number of times, on different days, as required by the state constitution. But it disclaimed any purpose to rest its decision [152 U.S. 473, 495] upon that ground, and placed it upon the one above stated, observing that 'the bonds of the state of Arkansas, issued by the governor of the state, her agent, are void, even in the hands of innocent purchasers, because the authority to contract did not exist at the time the bonds were issued.'
Upon the basis of this decision of the state court it is contended that the act of 1867 was not repealed; the argument being that the laws, in force at the date of the act of 1868, authorizing the credit of the state to be loaned in aid of the construction of railroads, were to 'cease and be void' only when the act of 1868 became operative and in full force, which, according to the terms of that act, could not, it is claimed, occur until a majority of the qualified electors voting should, at a valid election, have voted 'For Railroads.'
This argument would be entitled to consideration if the act of 1867 was in force after the adoption of the state constitution of 1868, which provided that 'the credit of the state or counties shall never be loaned for any purpose without the consent of the people thereof, expressed through the ballot box.' Article 10, 6. The state constitution of 1864, in force when the act of 1867 was passed, contained no such restriction upon legislation. As that act authorized the loaning of the credit of the state in aid of the construction of railroads, without first ascertaining by vote the will of the people upon the subject, no bonds could be issued under it, after the adoption of the constitution of 1868, without popular sanction given at a valid election. The express prohibition in that constitution against loaning the credit of the state for any purpose without the previous assent of the people, expressed at the polls, had the effect to withdraw all authority given in previous statutes to lend the credit of the state without first obtaining the consent of the people. Aspinwall v. Daviess Co., 22 How. 364; Wadsworth v. Eau Claire Co., 102 U.S. 534 . In this view, it is unnecessary to consider whether the act of 1868 was void as not having been passed in conformity with the constitutional provision declaring that 'every bill and joint resolution shall be read three times, on different days, in each house, before the final passage thereof, unless two-thirds of the house where the [152 U.S. 473, 496] same is pending shall dispense with the rules.' Const. Ark. art. 5, 21. Even if that act became a law, and if the election of 1868 was valid, still no lien was given by the act of 1868 upon the road of any company receiving bonds from the state. Such was the express decision in the Tompkins Case, and we again so adjudge upon the authority of that case.
What has been said shows that the plaintiff cannot take anything on account of the act of April 10, 1869, which assumed to make provision for the payment of the interest on the bonds issued under the act of 1868, in case a company receiving bonds failed to meet such interest at maturity. That act authorized the treasurer of the state to obtain a writ of sequestration, and also the appointment of a receiver, who should take the income and revenues of the defaulting company, and all moneys arising from the operation of its road. Upon this point, it is quite sufficient to say that it was adjudged in the Tompkins Case that the companies that subsequently took a road under foreclosure proceedings took it 'free from incumbrance in favor of the state, and that neither the state nor its bondholders are entitled to a sequestration of the income and revenues arising therefrom in their hands.'
2. Apart from any question of lien upon the road of the defendant, does the bill disclose any ground for the relief asked by the plaintiff? Undoubtedly the Arkansas Central Railway Company, to which the bonds were delivered, became liable under its guaranty, indorsed on each bond, of the payment by the state of the principal and interest as they respectively became due. But that only made each holder of bonds a general creditor of the company, without any lien for their security upon its property or revenues. The existence of this liability did not prevent the company from giving a mortgage upon its property to secure any bonds it might issue. The bill shows that the Arkansas Central Railway Company executed to the Union Trust Company in 1871 a mortgage or deed of trust, covering all of its property, to secure the payment of coupon bonds amounting to $1,200, 000, and that that mortgage was foreclosed, and the property sold in 1877 in a suit brought [152 U.S. 473, 497] by the mortgagee against the mortgagor. We find nothing in the bill impeaching the validity of that sale, or that would justify the court in holding that the title to the mortgaged property did not pass to the purchaser, S. H. Horner, trustee, free from any claims upon the part of the company's creditors.
It is true that the bill charges that Johnson was president of the railway company as well when the foreclosure proceedings were instituted as while they were pending, and that he 'brought about' the foreclosure. By what means did he bring about such foreclosure? Upon that point the bill is silent. It is not suggested that the railway company was able to meet the interest on the bonds secured by the mortgage to the Union Trust Company, or that it was possible for Johnson, or any one else connected with the railway company, to have prevented a foreclosure and a sale of the mortgaged property. So that the charge that Johnson 'brought about' the foreclosure does not necessarily impute to him any fraud of which the general creditors of the railway company could complain, or which would affect the integrity of the purchase at the sale in the foreclosure suit. If, then, the purchase by S. H. Horner, trustee, could not be impeached by the holders of state bonds, the payment of which had been guarantied by the railway company, it is of no consequence to those holders what the purchaser did with the property, or to whom he sold it. So far as the bill discloses, the purchaser took title free from any claim upon it by any creditor of the railway company.
We attach no consequence to the allegation that S. H. Horner 'pretended' to have purchased the road as trustee for Johnson. If the former, in fact, purchased for Johnson, and if that circumstance could have affected the validity of Horner's purchase, as against the creditors of the railway company, the allegation upon this subject should have been more direct and positive. Besides, if the sale of the road was not 'brought about' by Johnson in violation of his duty as an officer of the company, his official relations to the company prior to the foreclosure did not prevent him from bidding for the property, or from being interested in its purchase by S. H. Horner, as trustee. So far as is disclosed by the bill, the sale under [152 U.S. 473, 498] the decree in the suit brought by the Union Trust Company was fairly conducted, with full opportunity to all persons to become bidders.
Nor is the fact that Johnson was the holder of receiver's certificates, which became a charge upon the property superior to the mortgage bonds in suit, material in the present inquiry; for it does not appear that, if there had been no such certificates in existence, anything would have been left for the general creditors of the railway company after satisfying the holders of mortgage bonds. There is no suggestion in the bill that any receiver's certificates were issued that ought not to have been issued, or in respect to which the court was not fully informed. The mere fact that Johnson obtained receiver's certificates-even assuming that his ownership of them was inconsistent with the relations he held to the mortgaged property-does not affect the validity or integrity of the foreclosure proceedings and the sale of the property under the decree of the court.
Some stress is placed upon the fact that neither the state nor the holders of its bonds were parties to the suit brought by the Union Trust Company. The state could not have been made a party defendant without its consent. Besides, it had, as we have seen, no lien upon or interest in the property, and was under no liability in respect to the bonds issued under the act of 1868. Clearly, the holders of bonds were not necessary parties. They had no lien upon the property, and, at most, were only creditors of the company in virtue of its guaranty indorsed upon the bonds. The only necessary parties were the mortgagee and nortgagor companies.
In respect to the charge that Johnson and J. J. Horner fraudulently procured the issuing by the state of the bonds in question, we do not perceive how such conduct upon their part can constitute a ground for the relief asked in this case. The wrong charged was a wrong to the state of which it could have complained, if the bonds, so fraudulently procured to be issued, had become valid obligations. But, as we have seen, the bonds were invalid as against the state. The fraud alleged to have been practiced in procuring the issuing of [152 U.S. 473, 499] them had no connection, in law, with the mortgage executed by the railway company to the Union Trust Company, under which the property was purchased by S. H. Horner at public sale ordered by the decree of a court that had full jurisdiction of the parties and the subject-matter.
Looking at all the allegations of the bill, we are of opinion that the plaintiffs were not entitled to the relief asked.
Decree affirmed.
Mr. Justice WHITE, not having been a member of the court when this case was argued, took no part in its decision.
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Citation: 152 U.S. 473
Docket No: No. 248
Decided: March 19, 1894
Court: United States Supreme Court
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Before you do anything else, start here. This guide is an overview of everything in the Build section of the Formstack Forms interface, helping you familiarize yourself with the basics of form creation and editing. Let's get started!
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Happy Black Friday! Have you survived the shopping mayhem? It seems to get crazier every year. I am going to share my Black Friday scores with you in a special post tomorrow. 😉 As for today, I wore black and gold, which is one of my favorite color combos. I got this Michael Kors coat on sale at Macy's. There are TONS of deals online now, so if there is anything you have been lusting after, now is the time to buy! The boots are Alexa Chung for Madewell, which were an Ebay score since they are sold out everywhere. The calf hair helps to keep the feet warm, which is welcome in the current freezing temps NYC is experiencing! Stay warm everyone! Details on everything I am wearing, and similar looks, are all below! Let me know what you think in the comments!
Coat: Michael Kors, Hat: H&M Men's, (similar HERE and HERE), Bag: Vintage Chanel (Similar HERE), Boots: Madewell (Similar HERE and HERE), Ring: YSL


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Frances Ha, like Frances herself, is genial, charming and only occasionally prone to outbursts that might discomfit the viewer. While its New York locations, hipster milieu and sex comedy suggest vintage Woody Allen-ish ambitions, its lack of grounding in the present moment (aside from ubiquitous iPhones) leaves it feeling inconsequential.
United States 2013
Certificate 15 85m 57s
Director Noah Baumbach
Frances Greta Gerwig
Sophie Mickey Sumner
Lev Adam Driver
Benji Michael Zegen
Patch Patrick Heusinger
Colleen Charlotte d'Amboise
Rachel Grace Gummer
In Black and White
UK release date 26 July 2013
Distributor Metrodome Distribution Ltd
Its lightness – both levity in the writing and a deft performance style – is a virtue given its focus on a dancer and choreographer, but also an irritant as Frances floats through New York. "I'm poor," Frances notes when she is let go from the company she dances for. "That's an insult to actual poor people," her roommate Benji replies; the film then drops the subject of economic precarity. Frances's search for housing and work is soft-focused by the film's innate geniality: this is no Wendy and Lucy (2008).
"Lena, I mean Leda," stutters a character at a dinner party, about an absent acquaintance: Lena Dunham is Banquo's ghost at this feast. Co-writers Greta Gerwig (who stars as Frances) and Noah Baumbach (who also directs) are as ready with the frank girl talk but less brazen. They are more concerned with the central, and unresolvable, issue of Girls (also crucial to Judd Apatow's work): the shift from a rich homosocial lifestyle, associated with artistic freedom and hedonism, to unsatisfactory, exclusory heterosexual pair bonding, associated with loss and compromise.Nor does it have to be, but irritation with the film arises from inevitable comparisons, many of which are present as self-aware references. Allen, Whit Stillman, Hal Hartley, Nicole Holofcener: there's a genealogy of smart-yet-melancholy American indie cinema in which Frances Ha is positioning itself, and whose incisiveness it doesn't share.
Frances's relationship with her best friend Sophie, including her return to work at Vassar College where they met, is the heart of the film, narratively taking the place of the expected straight romance/break-up. When Sophie moves out of their shared apartment, Frances enters a nomadic period that evokes another contemporary New York-set work concerned with sex, lies, new technology and uncomfortable roommates: Steve McQueen's Shame (2011).
Stylistically, the films are worlds apart, not least because Frances Ha is shot in black-and-white. This aesthetic works fitfully: the interiors feel like digital colour images that have been grayscaled, but the exteriors are crisp. In fact it's an exterior dance sequence that is both evocative of Shame and – perhaps because of the intertext – the most sublime moment in the film. Many reviewers noted the transfixing long take in McQueen's film of its protagonist Brandon's night-time jog. Frances, instead, runs, skips, leaps and fouettés irresistibly through Chinatown in daylight as a similar tracking shot keeps pace with her.
She's running towards her new apartment, rooming with sculptor Lev and wannabe screenwriter Benji (in an in-joke, Benji is writing spec scripts for Saturday Night Live, one of Baumbach's prior credits), who call the women they sleep with "sluts" – versions of Brandon in a minor key. That Frances is so full of joie de vivre is in pointed contrast to McQueen's downbeat film. That her run is soundtracked by David Bowie's Modern Love (which reappears over the end credits) suggests that the film is acknowledging its relation to contemporary statements on modern love such as Shame and Girls, while harking back to a less confrontational era.
Comfortably confident storytelling is a hallmark of Baumbach's films, and there's nothing disruptive or inventive here in filmmaking terms, bar the lack of colour – and the incorporation of dance. Frances's development as a character away from her dyad with Sophie is linked with dance practice, and the film's light-hearted resolution is an idealised climax where all Frances's friends attend a dance programme in which she has choreographed a piece about how meetings between paired individuals become an ensemble. Sweetly obvious as it is, the dance is filmed impeccably in wide shot, with a real sense of the movement from rehearsal to realised work.
The serious commitment to filming dance may show the influence of its new popularity in American mainstream culture but could also be linked to another indie darling, Miranda July, whose most recent film The Future similarly focused on an apprentice dancer worrying about commitment. July's more experimental, innovative and less together film was frustrating in its own ways, but the future that Gerwig and Baumbach propose for Frances seems all too easily achieved and normative, both psychologically and cinematically, compared to the sublime stalemate of July's characters.
Frances Ha gets its title from the very end of the film, when Frances writes out her name for her mailbox but has to fold it so that her surname (which appears to be Halflady) is curtailed. It's a neat joke about someone reinventing themselves, taking life lightly, and only halfway there. The ruefulness of that 'Ha' suggests that Baumbach's audience and ambition remain attuned to SNL and the New Yorker, to which he is a contributor; the thoughtfulness and commitment of Gerwig's performance in its shifts from chaotic exuberance to rigorous rehearsal suggest that she is the more interesting artist to watch.
In the August 2013 issue of Sight & Sound
Girl, interrupted
A collaboration between director Noah Baumbach and Greta Gerwig, "the Meryl Streep of mumblecore", Frances Ha is a film that reconciles well-trodden themes of indie cinema with physical comedy, emotional depth and a knowing affection for the nouvelle vague. By Trevor Johnston.
Plus: Deconstructing Frances
Baumbach and Gerwig talk us through the key elements of Frances Ha.
Sight & Sound: the August 2013 issue
In this issue: Frances Ha's Greta Gerwig – the most exciting actress in America? Plus Ryan Gosling in Only God Forgives, Wadjda, The Wall,...
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Many who support same-sex marriage and gay rights argue that, since Jesus never mentioned homosexuality, He did not consider it to be sinful. After all, the argument goes, if homosexuality is bad, why did Jesus treat it as a non-issue?
It is technically true that Jesus did not specifically address homosexuality in the Gospel accounts; however, He did speak clearly about sexuality in general. Concerning marriage, Jesus stated, "At the beginning the Creator 'made them male and female,' and said, 'For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh[.]' So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate" (Matthew 19:4–6). Here Jesus clearly referred to Adam and Eve and affirmed God's intended design for marriage and sexuality.
For those who follow Jesus, sexual practices are limited. Rather than take a permissive view of sexual immorality and divorce, Jesus affirmed that people are either to be single and celibate or married and faithful to one spouse of the opposite gender. Jesus considered any other expression of sexuality sinful. This would include same-sex activity.
Also, are we to believe that any and every action is good unless Jesus specifically forbade it? The goal of the Gospels was not to give us a comprehensive list of sinful activities, and there are many obvious sins that are not found in the "red letter" section of the Bible. Kidnapping, for example. Jesus never specifically said that kidnapping was a sin, yet we know that stealing children is wrong. The point is that Jesus did not need to itemize sin, especially when the further revelation contained in the Epistles removes all doubt as to homosexuality's sinfulness.
Scripture is clear that believers are to have nothing to do with sexual immorality: "Flee from sexual immorality. All other sins a person commits are outside the body, but whoever sins sexually, sins against their own body" (1 Corinthians 6:18). Sexual immorality, whether same-sex activity or otherwise, is a sin against a person's own body.
It is important to note that sexual immorality, including same-sex activity, is listed alongside other sins in Scripture, indicating that God does not rank one sin as worse than another. While the consequences of some sins are greater than others, Scripture often simply lists sins side by side. For example, Jesus said, "Out of the heart come evil thoughts—murder, adultery, sexual immorality, theft, false testimony, slander" (Matthew 15:19–20; see also Romans 1:24–31).
The Bible teaches that followers of Jesus are to practice sexual purity, and that includes abstaining from same-sex activity. In addition, unbelievers who practice homosexuality stand in need of salvation just like any other unbeliever. Christians are called to pray for those who do not know Christ, to serve others in love, and to share the message of Jesus with all people, including those involved in homosexuality.


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Holy crap. This is one of the funniest things I've seen today. Last night, Mark-Paul Gosselaar made an appearance on Late Night with Jimmy Fallon. For the entire interview, Mark-Paul Gosselaar was in character as Zack Morris, our favorite lead character from the early 1990's TV show Saved by the Bell. The bit was awesome. I've gotta say that Jimmy Fallon strikes gold sometimes, and this was one of those times.
Throughout the interview, Jimmy keeps quizzing Zack, trying to deduce whether or not Zack Morris is really Zack Morris. There were references to Bayside High School, Mr. Belding, the Max, Kelly Kapowski, Jeff, Jesse, the Malibu Sands resort where Zack worked that one summer, The Attic nightclub – and even a reference to Zack's unbelievably high score on the SATs (1502 to be exact)! He even did the Zack Morris patented time-in/time-out thing. Jimmy even froze during the bit.
At one point in the interview, we hear a phone ringing, and Zack reaches back and pulls out his gigantic early 1990s cell phone. Of course, Jesse Spano is on the line, and Zack confirms that he and Jesse will be attending Jimmy Fallon's Saved by the Bell Reunion. I can't wait for that! I'm so excited, and I just can't hide it! I'm so scared… (just a little Jesse Spano on caffeine pills speed joke).
At the end of the interview, Zack Morris mentions his band, Zack Attack. Jimmy says something like, "Oh, I thought you all were just lip synching the whole time." Jimmy then invited Zack to prove him wrong by asking him to perform as Zack Attack with the Roots as the backing band. Friends Forever was the song, and it was amazing. Zack did his best falsetto voice and actually plunked around on the guitar. He wasn't terrible, but the funniest part was just watching him stay in character, a character from nearly 20 years ago. And he did it pretty well, I'd say.
Here's the video featuring Zack Morris on Late Night with Jimmy Fallon:
God Bless Zack Morris and Saved by the Bell. One of my all-time favorites.


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Personalized Pet Memorial Necklace
Losing a pet is losing a family member, and is one of the hardest things us pet lovers will ever have to face. Celebrate & remember your beloved pet with our Personalized Pet Memorial Necklace.
- Rainbow charm & paw print charm included on each necklace
- Customize up to 10 3/8", tiny initial charms to represent your rainbow pets
- Available in gold or silver metal finish (stainless steel & gold-plated stainless steel)
- Two adjustable chain lengths
How long will it take for my order to be made?
Our standard production time is 5-7 business days, but our most up to date production time is in the announcement bar at the top of our website. We know that many of our products are purchased as gifts for time-sensitive occasions, so it's our mission to ship your order as quickly as we can!
What shipping methods are offered?
We ship all orders via USPS. USPS Ground Advantage is currently free for domestic orders of $75+ and Priority and Express shipping upgrades are available at check out. We currently ship to the United States and Canada only.
Due to the nature of our jewelry, all sales are final, but if you're unhappy with your purchase for any reason or if your jewelry arrives damaged or was made incorrectly by us, please contact us within 3 days of delivery so we can quickly assist you.
Exchanges may be made on a case by case basis only, and only if the item(s) have not been worn and are in new, perfect condition. Any item being exchanged must be sent back in original packaging and the customer is responsible for all shipping charges related to the exchange. Customized items are not eligible for return or exchange. Please contact us at email@example.com for more details.
Each piece of Modern Merrigold jewelry is handmade to order & may have a processing time of up to 5-7 business days (or slightly longer during the holiday season). If a personalized item is ordered with other items, the entire order will ship together. If you need your other items sooner, you may want to place multiple orders.
We are unable to make any changes to or cancel orders once they are placed, so please ensure you have double checked your personalization before ordering or reached out regarding any customization requests or questions before placing your order.


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Join Jonathan Youssef on a dramatic journey from Islam to Christianity as he welcomes Ash, a former Muslim and one of Leading The Way's follow up coordinators, to the Candid podcast.
Ash grew up in a loving Islamic family. He was chosen to be the future leader of his tribe of over 800 family members. He was mentored by his grandfather for years. But everything changed when Ash began to question his faith and his future.
In Part 1 of this two part interview, you will learn why Ash began questioning his faith and how he came to faith in Christ. In Part 2, Ash will recount the danger he faced as he shared his new faith with his family and you will discover how God uses our most difficult circumstances to answer our most fervent prayers.
CANDID FACEBOOK: https://www.facebook.com/candidpod/
CANDID TWITTER: https://twitter.com/thecandidpod
CANDID INSTAGRAM: https://www.instagram.com/candidpod/
Related Content


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Custom Oodie Blanket with sleeves with photo or any design. Custom made / personalised product. Also called snug hoodie or oversized hoodie. We will create the artwork from the photo you send. We can print any photo - human, pet, objects etc. If you have a theme in mind e.g. video game, basketball, bridesmaid etc just chat with us and we will help create a custom design for your snug hoodie. This snug hoodie is crafted from an outer silky smooth micro-mink polyester face. And for the inside we have an ultra soft microfiber fleece lining. Each panel is individually printed, cut and sewn to ensure a flawless graphic with no imperfections. Standard Shipping: Standard shipping takes around 2-4 weeks to arrive at your door Insurance Shipping (Lost, Stolen, Defective, etc.): Standard shipping + Insurance. Fast Shipping: express shipping by DHL/FEDEX takes around 12-16 days Noted: This Is A Made To Order Item. It Is Hand-cut And Sewn, Made Just For Your Order! This Process Starts As Soon As Your Order Is Placed And May Have A Processing Time Of 6-8 Business Days Before It Ships.DESCRIPTION:
Personalized NRL Manly Warringah Sea Eagles Home x Away jersey Style V2 | Oodie, Flanket, Blanket Hoodie, Snuggie
$69.99 – $82.99
SKU: TO-YN_Oodie_NRL_Mix_Jersey_2023_v2_Manly_Warringah_Sea_Eagles
Category: NRL OODIE 2023
Tag: NRL - Manly Warringah Sea Eagles
Related products
Personalized NRL Manly Warringah Sea Eagles x AC/DC | Hoodie, T Shirt, Zip Hoodie, Sweatshirt
$35.99 – $54.99
$35.99 – $58.99
NRL Season Logo
NRL Manly Warringah Sea Eagles Season logo | Oodie, Flanket, Blanket Hoodie, Snuggie
$69.99 – $82.99
NRL Season Logo
NRL Manly Warringah Sea Eagles Season Logo | Hoodie, T Shirt, Zip Hoodie, Sweatshirt
$35.99 – $54.99
Type | Adults, Kid |
US Size | OneSize |


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The Best Bridge Camera 2016 - We select some of the best bridge cameras currently on the market
The bridge camera remains one of the most popular types of digital camera, owing to its huge zoom lens, DSLR-esque handling and relatively compact proportions.
There are several factors to consider before buying a bridge camera, including whether in fact a bridge is right choice for your needs. If you're uncertain we highly recommend you read our in-depth Guide to Bridge Cameras first, just to be sure.
One of the biggest things to consider is the variety of sensor-sizes the bridge category offers; though smaller sensors might do the job just fine in many cases, buyers looking to get the highest in image quality should consider aiming at one of the 1-inch sensor models to make sure they get the best bang for their buck.
But if you've done that, or you're already confident that a bridge camera is for you, then read our round up of the best bridge cameras of 2016…
Canon PowerShot G3 X
Street price: £649
Canon's enthusiast compact offers a compelling combination of a long zoom range and a relatively large 24-600mm equivalent 1in sensor. The G3 X uses a 20.2MP, 1in BSI CMOS sensor, and has an ISO range of 125-12,800.
It also has an excellent touchscreen interface. However it has no electronic viewfinder and is quite slow to use – but is a solid choice for work involving long zooms with slow moving or static subjects
Read our review of the Canon PowerShot G3 X
Find the best deals for the Canon PowerShot G3 X
Panasonic FZ1000
Street price: £589
This Panasonic bridge offering has a whole host of enticing specs for a bridge camera.
First of all, and perhaps most importantly, is a one-inch type sensor offering 20.1 million pixels. That makes it a close competitor to the excellent Sony RX10, but at a cheaper price.
There's also a longer zoom lens, at 25-400mm (equivalent), 4K video shooting, a 2359k-dot electronic viewfinder and inbuilt Wi-Fi and NFC. An excellent all-rounder.
Read our review of the Panasonic FZ1000
Find the best deals for the Panasonic FZ1000
Sony Cyber-shot RX10 II
Street price: £1036
If you're looking for some of the best value bridge cameras, it's difficult to look any further than the Sony RX10 II, launched as the successor to the well-reviewed Sony RX10.
The camera features the same 1in sensor as that in the acclaimed RX100 IV, while also featuring an impressive Carl Zeiss zoom covering an equivalent focal range of 24-200mm and with a constant f/2.8 maximum aperture.
The result? A great shooting experience on one of the best superzoom compacts to hit the market to date. With the release of the RX10 III, prices are also dropping all the time, so if you can pick one up on the cheaper side, you definitely won't be disappointed.
Read our review of the Sony Cyber-shot RX10 II
Find the best deals for the Sony Cyber-shot RX10 II
Sony Cyber-shot RX10 III
Street price: £1249
As you might expect following its slightly older sibling, the Mark III version of the RX10 line of bridge cameras delivers some truly impressive specs for a camera of its size, with improvements across the board – particularly with its one-inch sensor and new Zeiss Vario-Sonnar T* 24-600mm f/2.4-4 lens that not only eclipses the range offered by previous RX10 models, but also edges ahead of the competition when focal range and aperture are considered.
The result is extremely impressive, coming from what might be technically the best bridge camera ever made to date, appealing to still photographers and videographers alike. However, at its current price it does represent a pretty serious investment – although if you can afford it you won't be disappointed.
Read our review of the Sony Cyber-shot RX10 III
Find the best deals for the Sony Cyber-shot RX10 III
Canon PowerShot SX60 HS
Street price: £350
With a 65x optical zoom, there are few bridge cameras on the market which can compete with the SX60 HS when it comes to zoom functionality.
The model also benefits from Canon's DIGIC 6 processing chip, an EVF and full HD video capture, as well as both Wi-fi and NFC connectivity. It also retains the hot-shoe seen on its predecessor which is great if you've already got a Canon flash in your kitbag. Great value for money.
Read our review of the Canon PowerShot SX60 HS
Find the best deals for the Canon PowerShot SX60 HS
Panasonic FZ330
Street price: £439
Following up on 2012's FZ200, the FZ330 offers a raft of handy features – a 12.1MP MOS sensor is backed up by wifi connectivity, a pretty good OLED viewfinder, 4K video and stills capabilities, and a 24x optical zoom lens from Leica.
But the real standout feature is that unlike most of the sub-1in sensor offerings on this list it can shoot in RAW for maximum post-production options – and at a relatively affordable price.
Find the best deals for the Panasonic FZ330
Nikon P900
Street price: £449
Nikon's P900 represents the longest focal length available on the market – for the moment at least. The 83x optical zoom offers 24-2000mm in 35mm terms so you should pretty much every base covered.
It also has a 1/2.3 inch 16 million pixel sensor. However it has no raw format shooting, which considering the price and intended audience is a tad disappointing when compared to others in this list.


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At the heart of every great outcome are people
It starts with the people in our studio and their passion and understanding of you and your clients
Our Crew
To all crew
Every project reflects our passion and the care of our studio
Our collaboration with you creates a great outcome we are all proud of
Our approach may be unique
It creates an outcome focused on people
Our Approach
Our Approach
DC8 Studio has many years experience in the process of value adding through design and we have proved that a truly collaborative approach involving all stakeholders early in the design phase lays the best foundation possible for creating a successful design solution.
We are a multi-disciplinary team of architects, urban designers, interior designers and visual designers with a singular focus – to design better places for people.
We believe that to create beautifully functional buildings, thoroughly liveable homes, inspired community spaces and memorable touch points, we should first focus on the people that will ultimately give them life.
"we understand our clients' clients"
Who are we designing for? Of course it's our client. And most importantly, it is our clients' clients. To deliver the best outcome, we draw on our knowledge of how people will use the places and spaces we are creating. We understand how people live, work, shop, interact, think and feel in response to their environment.
The first measure of success of any project is how well the people that it is designed for use it. When you get the people piece right, the other measures of success follow.
"we work with you, and we understand your needs"
We have long understood that truly great outcomes are made great by the strength of the collaborative process. When you work with us you are not just a client, you are collaborator in the design, and that way we all share the same vision for the project. All Directors of the studio have had long and successful careers in the corporate world of development and we understand the commercial needs of our projects. Our studio team is accustomed to working closely with clients at every stage, adding value throughout the entire project.


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DISCLAIMER: The formatting and pagination of this web version of the code may vary from the official hard copy of the code. This web version of the code is provided for informational purposes only and may not reflect all of, or the most current, legislation that has been passed. Prior to any action being taken, please consult the City Clerk for any ordinances that have been enacted that are not contained in this web version. In case of any discrepancy between this web version and the official ordinances, the ordinances prevail.
Last Revised 8-12-2021


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Chakra Mala Bead Bracelet
Chakras are the sensors in the body that absorb and emit energy. It is important to keep them aligned, as they greatly affect your emotions and the way you interact with others around you. Wear this mala bracelet as a daily reminder to keep your life, and chakras, in balance
The Crown Chakra is your connection to the Universe, and it disperses energy from the Universe into the 6 Chakras below. Amethyst is the perfect stone for deepening your meditation, and taking your spiritual consciousness to the next level.
The Third Eye Chakra channels intelligence and psychic power. Located between your eyebrows it helps you see situations with a clear perspective. Lapis is a valued stone that opens the connection to Spirit Guardians
The Throat Chakra is your communication center. Remember, communication is not just about talking, but also about listening. When your Throat Chakra is open and balanced you'll find it easy to express yourself creatively and artistically.Turquoise is a calming stone which enhances communication and prepares the mind to receive wisdom and insight
The Heart Chakra is located right in the center of your body and balances the world of matter and spirit. It is the love center of the human energy system where joy, happiness and compassion radiate from. When your Heart Charka is open and balanced you feel a deep sense of love and compassion for everyone and everything. Aventurine is known to be a great protector and healer of the heart.
The Solar Plexus Chakra, is your center for personal strength, growth and understanding. Located between your navel and the base of the sternum, it is the place where your "gut instincts" come from, those signals from the universe that appear to you when you ask for guidance. Citrine is a joyful stone of abundance and manifestation, attracting wealth + prosperity, success and open doors.
The Sacral Chakra controls or sense of connection. It symbolizes our openness to others and your relationships, when it is in balance you feel compassionate, intuitive and stable. Carnelian has bold energy, bringing a rush of warmth and joy that lingers, stimulating and empowering.
The Root Chakra represents your foundation in this world. Located at the base of the spine right near your tailbone, it helps you feel grounded and secure. When your Root Chakra is in balance you feel empowered, confident, calm and centered. Fuchsia Agate inspires you to stay grounded and clarifies judgement. It is said to stabilize the aura, raising awareness and encouraging spiritual growth.
Amethyst | Lapis Lazuli | Turquoise | Green Aventurine | Citrine | Carnelian | Fuchsia Agate | Sandalwood
Pairs with Chakra Mala - Bundle both and save big by choosing our Mala Bundle option before you add it to your cart!
One size fits all. Adjustable string fitting 5 inch-8 inch wrist.


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You have no idea how long I've been sitting on this, but last week I sent off the manuscript so I'm pretty confident it's going to happen!
Representation of the British Suffrage Movement will be published by Bloomsbury in early 2015 as part of the Corpus and Discourse series. It goes without saying that I'm very pleased to be bringing suffragists, suffragettes, direct action, Deleuze and Guattari, issues of newsworthiness, and arson to the world in time for the centenary of the Representation of the People Act 1918.


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In a world were everything is possible, how did gambling became the talk of city? Easy money. One day millionaires. Connected by the cards, the balls, the dices, the roulette and the technological equipment.
Be careful with online fraud simply too. Online Gambling frauds are in every city. Educate yourself about the back yard garden frauds which are very rampant on the web so you know ought to you started to feel that something is wrong and malicious so you can change it.
Cars from different scale will perform well on tracks associated with an different scale as considerable designed to on exact same way scale track (except for Carrera has 1:32 scale cars that race on 1:24 scale track).
There will vary types of Slot machines like the multiplier as well as the buy-a-pay. It's that you are aware of one over these Slot so that you can would be able to determine which slot ideal you.
Using the calendar as well as the reminder feature on the calendar allows pop ups to remind you at intervals of the you want to do. slot resmi is this interrupting you in the very center of something you may focused on, but it isn't an efficient way to manage your to-dos.
There is not an doubt individuals can let gambling assume control of them leading them down a terrible road. Gambling addicts make poor choices and suffer the aftermaths. However, it is very obvious doesn't everyone is a gambling addict and that some people gamble for excitement whilst even gamble to make their living. Are these forms of gambling wrong in your eyes of Lord?
So there get it, an breakdown of 10 of the most common online slot poppers. Whether you play slot machines online perhaps Vegas, remember just gamble with the bucks that you should be able to lose. Don't exceed your spending limit should you lose, and never gamble when you might be tired or fractious. By following these simple rules of gambling, your casino experience – online or at a land-based casino – will be more enjoyable.


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Build amazing things
We're GitHub, the company behind the npm Registry and npm CLI. We offer those to the community for free, but our day job is building and selling useful tools for developers like you.
Take your JavaScript development up a notch
Get started today for free, or step up to npm Pro to enjoy a premium JavaScript development experience, with features like private packages.
Bring the best of open source to you, your team, and your company
Relied upon by more than 17 million developers worldwide, npm is committed to making JavaScript development elegant, productive, and safe. The free npm Registry has become the center of JavaScript code sharing, and with more than two million packages, the largest software registry in the world. Our other tools and services take the Registry, and the work you do around it, to the next level.


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Greetings from the Department of Natural Resources Atchafalaya Basin Program
NEWS: The Natural Resouces Senate Committee voted to approve the Atchafalaya Basin Annual Plan for FY 2013-2014 on Wednesday, May 22, 2013. Louisiana Sportsman: Corps expands restricted area at Old River Control Complex The Advertiser: Boy Scouts will spend this summer Atchafalayaking The Advocate: Weekend conditions will be OK UPCOMING MEETINGS AND EVENTS: Louisiana Wildlife and Fisheries Commission Meeting at 9:30 AM on Thursday, June 6, 2013 Morgan City Main Street - Atchafalaya Art & Food Festival, June 8, 2013 ATCHAFALAYA BASIN PROGRAM TECHNICAL ADVISORY GROUP (TAG) MEETING Tuesday, June 11, 2013 9:00am-11:00am; LaSalle Building Griffon Room 617 North 3rd Street Baton Rouge, Louisiana 70804 225.342.6437 Review and Brief Discussion of Proposed FY2015 Water Management Projects
The Natural Resouces Senate Committee voted to approve the Atchafalaya Basin Annual Plan for FY 2013-2014 on Wednesday, May 22, 2013.
Louisiana Sportsman: Corps expands restricted area at Old River Control Complex
Let us know if you have an upcoming event to promote the Basin!
Checking the water:The information below is obtained from the USGS and the U.S. Army Corps of Engineers, and has been compiled by DNR into this format to allow a quick look at information pertinent to the Atchafalaya Basin. Click here for current weather conditions and water levels.
Data is for 6/6/2013
Mississippi River at CairoLocation: Southernmost gauge on the Ohio River in Illinois Reading significance - used to forecast rises on the Mississippi. Lag time, 4 to 6 days.Flood Stage: 40'Stage: 41.6'Forecast: expect to RISE to 41.8' by 6/10EXPECTED TO CREST AT 42.5 ON 6/8 AM
Mississippi River, just south of ORCS, at Red River LandingReading: Mississippi River south of ORCS, after the diversion into the Atchafalaya Flood Stage: 48'Stage: 48.9'Forecast: expect to FALL to 49.1' by 6/8EXPECTED TO CREST AT 50.0 ON 6/19 PM
Mississippi River at Baton RougeFlood Stage: 35'Stage: 32.5'Forecast: expect to FALL to 32.4' by 6/10
Mississippi River at New OrleansFlood Stage: 17'Stage: 12.7'Forecast: expect to FALL to 12.1' by 6/1
Atchafalaya River, just south of ORCS, at SimmesportReading: The combined latitudinal flows of the Red, Black, Ouachita, and ORCS flow from the Mississippi Flood Stage: 47'Stage: 27.74' Forecast: expect to FALL to 28.3' by 6/10FLOOD WARNING
Atchafalaya River at MelvilleFlood Stage: 41'Stage: 21.37'Forecast: expect to RISE to 21.7' by 6/10
Atchafalaya River at Krotz SpringsFlood Stage: 37'Stage: 19.15'Forecast: expect to RISE 19.3' by 6/10
Atchafalaya River above Butte LaroseFlood Stage: 25'Stage: 14.47'Forecast: expect to FALL to 14.3' by 6/10FLOOD WARNING
Atchafalaya River at Bayou Sorrell Locks on the GIWWFlood Stage: 12'Stage: 9.1'Forecast: expect to FALL to 8.6' by 6/10
Atchafalaya at Millet (Myette) PointFlood Stage: 15'Stage: 9.15'Forecast: expect to FALL to 8.9' by 6/10FLOOD WARNING
Atchafalaya River at Morgan CityFlood Stage: 4'Stage: 5.41'Forecast: expect to FALL to 5.2' by 6/10NOTE: Gauge reading affected by ocean tides.FLOOD WARNING
Murphy Lake near Bayou SorrelStage: 13.93'
Lower Grand River at Bayou SorrelStage: 7.06'
Bayou CourtableauStage: 18.76'
Buffalo Cove at Round IslandStage: 10.76'
Arm of Grand Lake near Crook CheneStage: 12.68'
Middle Fork, Bayou LongStage: 7.14'
Pontoon Bridge at Butte LaroseStage: 11.22'
Bayou Darby at Fausse Pt. CutStage: 17.55'
Lake Pelba at I-10, HendersonStage: 15.02'