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Messrs. [215 U.S. 481, 482] Edgar H. Gans, Hugh L. Bond, Jr., Charles Markell, W. Ainsworth Parker, and W. Irvine Cross for plaintiffs in error.
Messrs. William A. Glasgow, Jr., and Frederick Dallam for defendants in error.
Mr. Justice White delivered the opinion of the court:
To decide the merits of this cause will require us to determine the legality of the regulations of the Baltimore & Ohio Railroad Company, by which that company distributed cars to coal mines along the line of its road in case of car shortage. As an incident to this general question, we would further be required to consider the relations, irrespective of its mere attributes and duties as a common carrier, of the Baltimore & Ohio Railroad with various coal mines along the line of its road, and the relation with or control over some, if not all, of these coal mines by other mines or mine operators, and, in [215 U.S. 481, 483] addition, to consider the relation of the Baltimore & Ohio Railroad with the Cumberland & Pennsylvania Railroad. This road taps the main track of the Baltimore & Ohio Railroad at Cumberland, Maryland, proceeds thence to the state line between Maryland and Pennsylvania, where it strikes the Pennsylvania Railroad, and passing thence through a country rich in bituminous coal deposits, and containing coal mines, it reaches Piedmont, West Virginia, where its tracks again connect with those of the Baltimore & Ohio Railroad. As an additional incident, we might also be required to consider the relation or control, direct or indirect, if any, which the Baltimore & Ohio Railroad exerted over some, if not all, of the coal mines along the line of the Cumberland & Pennsylvania road. Some, therefore, of the underlying questions involved in the cause, if we may consider them, are similar to the issues which were passed upon by us in the case of the Interstate Commerce Commission v. Illinois C. R. Co., which we have just decided. [ 215 U.S. 452 , 54 L. ed. --, 30 Sup. Ct. Rep. 155.] While referring to the general situation as depicted in that case, we think, in addition, a mere outline sketch of the conditions existing prior to the commencement of this suit, as regards the matters with which it is concerned, will serve to render clear the reasons which control us in deciding it.
The Baltimore & Ohio Railroad Company, a corporation existing under the laws of Maryland, owned and operated a railroad or railroads in the states of Maryland, West Virginia, Virginia, Pennsylvania, Ohio, and other states, and, as a common carrier, was engaged in interstate commerce between such states. The main line of said road west of Cumberland, Maryland, passes through a bituminous coal field, which is worked by many coal operators, the product of whose mines depends for its movement to market in interstate commerce on the facilities for such movement which the Baltimore & Ohio affords. For the purpose of this case, the coal mines referred to may be treated as situated in what is described as the Monongah district of the Baltimore & Ohio Railroad. [215 U.S. 481, 484] Regulations of the Baltimore more & Ohio Railroad, by which mines were rated in order to fix the basis for a pro rata distribution of coal cars in case of car shortage, had their peculiarities differing from other roads. They were based, first, upon the capacity of the mines; second, upon the previous shipments by the mines for a period of two years the capacity counting as one and the previous shipments as two. The capacity was ascertained by considering the number of working places, etc., modified by taking into account the facilities for moving the coal out of the mine, such as tracks, tipple, etc. The previous shipments were taken from the records of the company during periods when there was no car shortage. Upon the basis of the capacity thus ascertained, the regulations of the company for giving each mine owner in the case of shortage its percentage of cars, stated in the most summary way, were briefly these: In the first place, there were assigned, out of the general mass of cars before the distribution was made, such cars as it was deemed the Cumberland & Pennsylvania Railroad was entitled to. This was done by no fixed rule, but, in the discretion of the traffic manager, generally upon the basis of the percentage of shipments of coal hauled in the two previous years by that road. The estimated mass remaining after the deliveries to the Cumberland & Pennsylvania Railroad were subjected to certain arbitrary assignments, and the remainder, after such assignments had been taken out, were equally distributed among the mine operators, according to their capacity rating. The arbitrary deductions which were made, as we have just stated, were these:
1. Baltimore & Ohio Railroad cars placed at mines for Baltimore & Ohio fuel coal.
2. New mines are allotted an arbitrary number of cars daily or weekly for development. In cases where the inspection shows a marked increase in the capacity of certain mines, and it is not practicable to change the percentage of the whole district, proper arbitraries are applied pending a general revision. [215 U.S. 481, 485] 3. Cars of foreign railroads, assigned by them to their own fuel trade.
4. Cars of individual companies, placed at mines owned by such companies, and cars owned by individual consumers, placed at mines for their coal.
There are also certain exceptions of a local character, as follows:
1. Curtis Bay premium. Whenever a shipper on the Baltimore & Ohio Railroad handles cars at Curtis Bay promptly in any one month, he is allowed in the succeeding month a premium of 50 per cent of the number of cars so handled, in addition to his regular percentage. This in lieu of an assignment of cars to the Curtis Bay trade.
2. At certain points, noted on the percentage sheets, an arbitrary number of cars is assigned to mines on fire.
3. At certain mines in the immediate vicinity of industries, empty cars intended for loading at such industries are first sent into the mines for loading coal for such industries.
4. When annual contracts are placed for foreign railroad fuel coal with mines on the Baltimore & Ohio, arrangements are made that, if the foreign railroads' cars are furnished for this fuel coal, the Baltimore & Ohio will allow the mines shipping the coal a number of Baltimore & Ohio cars equal to the foreign cars furnished.
5. When mines are connected with foreign railroads as well as with the Baltimore & Ohio, their rating is reduced 50 per cent. A similar reduction is made in cases where mines are located near rivers and are equipped for loading boats.
Where mines needed box and stock cars for the shipment of coal, as to which class of cars shortage rarely arose, there was a special rule which we need not notice.
With the system just referred to in force on the 19th of January, 1907, the Pitcairn Coal Company, a West Virginia corporation owning a coal mine on the line of the Baltimore & Ohio Railroad in West Virginia, filed its petition in mandamus in the United States circuit court for the district of [215 U.S. 481, 486] Maryland. The defendants were the Baltimore & Ohio Railroad Company, the Fairmont Coal Company, the Clarksburg Fuel Company, the Pittsburg & Fairmont Fuel Company, and the Southern Coal & Transportation Company, these four coal companies operating coal mines located in West Virginia on the Monogah division of the Baltimore & Ohio Railroad. Along with these there were also made defendants two other corporations, the Consolidation Coal Company, located on the Cumberland & Pennsylvania Railroad in Maryland, and the Somerest Coal Company, located on the Baltimore & Ohio Railroad in Pennsylvania. All of these coal companies were charged to be substantially one in interest and were generally described as the Fairmont Companies. In addition, thirty-one other coal companies, alleged to be independent companies, operating coal mines on the line of the Baltimore & Ohio Railroad, were also made defendants. Rearranging somewhat the order of the averments as contained in the bill, the prayer for relief was substantially based upon the following grounds: The Pitcairn Coal Company, it was averred, was entitled to an equal distribution of the coal cars of the Baltimore & Ohio Railroad in times of shortage, in order to move its output of coal in interstate commerce; that the railroad company had refused, after demand, to give it the share of cars to which it was entitled; and that its not doing so had been seriously prejudicial to the business of the company, had curtailed its production, and interfered with the moving of the coal produced in interstate commerce, and that the conduct of the railroad in the premises had amounted to the giving of an undue preference to the Fairmont Coal Company and its affiliated companies, to the prejudice of the Pitcairn Company and all other independent companies. The method pursued by the Baltimore & Ohio Railroad for rating mines by the consideration of both capacity and previous shipments was alleged, and it was charged that, on the basis of capacity of the mine as rated by that system, the Pitcairn Company was entitled to 7/10 per cent [215 U.S. 481, 487] of the cars for distribution in the Monongah division. General averments were, however, made concerning the method of rating, which, in effect, charged that such method was discriminatory and preferential, and was put in force so as to operate in favor of the Fairmont Coal Company and the companies affiliated with it, to the prejudice of the Pitcairn Company and other independent coal operators, the Baltimore & Ohio Railroad being interested, it was charged, directly or indirectly, in the Fairmont and its affiliated companies. The method of deduction from the mass of cars for the benefit of the Cumberland & Pennsylvania Railroad was also charged to be discriminatory and preferential, and to have been devised for the purpose of favoring mines on the line of the Cumberland & Pennsylvania, which were affiliated with the Fairmont. The failure to charge against the mines which had received them, individual or private cars, foreign railroad cars, and company fuel cars, as well as the other arbitrary allotments of cars provided for in the regulations to which we have referred, including the Curtis Bay regulation, were all assailed as preferential and discriminatory, it being alleged that, in many instances, the individual cars had been virtually paid for by the Baltimore & Ohio Railroad, and that the failure to charge them was in effect a mere means resorted to in order to give a preference contrary to the act to regulate commerce. The prayer was for an alternative writ of mandamus, commanding an equal distribution in accordance with the averments of the petition in effect for the undoing of the regulations referred to, and for the establishment of regulations conformable to the rights which the petition asserted. As the scope of the prayer is important in the view we take of the case, it is excerpted in the margin.
First. That in the event of scarcity of cars to be furnished by defendant Baltimore & Ohio Railroad Company, to shippers of coal on the Monongah division of said road, that defendant the Baltimore & Ohio Railroad Company be required to furnish to relator one and seven tenths (1. 7) per cent, until such percentage shall properly [215 U.S. 481, 488] It suffices for the present purposes to say that the answer of the Baltimore & Ohio Railroad traversed every averment as to preference and discrimination, asserted the validity of the method of rating and the rules of distribution to which we have referred. In great detail the origin and history of the operation of private or individual cars was set out, various contracts on that subject were annexed to the bill, and a decree rendered by the circuit court of the United States for the northern district of West Virginia in favor of the Fairmont Coal Company, perpetually enjoining the Baltimore & Ohio Railroad Company to deliver certain private cars to the
be increased, of the total number of cars in service, or supplied to all the shippers on the Monongah division of said road, without deducting from said number of cars 'individual cars,' or any arbitrary allotment of cars to other shippers, and without deducting from the total number of cars on all the lines of the Baltimore & Ohio Railroad the 'individual cars,' claimed by the Somerset Coal Company, or the cars arbitrarily assigned to the Cumberland & Pennsylvania Railroad Company, or the Consolidation Coal Company, before making the percentage distribution to the Monongah division.
Second. That writ of mandamus may be issued against the said Baltimore & Ohio Railroad Company, defendant, to command and require it to cease to make or give any undue or unreasonable preference or advantage to Fairmont Coal Company, Consolidation Coal Company, Cumberland & Pennsylvania Railroad Company, Somerset Coal Company, Southern Coal & Transportation Company, Clarksburg Fuel Company, or Pittsburg & Fairmont Fuel Company, or either of them, in the shipping and transportation of their coal, and to cease from subjecting the relator, Pitcairn Coal Company, or any other independent shipper of coal on the Monongah division aforesaid, to any undue or unreasonable prejudice or disadvantage in the shipping and transportation of coal, or in any respect whatsoever, and to move and transport the traffic of relator, Pitcairn Coal Company, and the other independent coal companies on the Monongah division aforesaid, without discrimination or preference, and to furnish the said Pitcairn Coal Company and the other independent shippers of coal on the Monongah division, without preference or discrimination, and upon conditions as favorable to it or them as is given by the said railroad company to the said Fairmont Coal Company, Consolidation Coal Company, Somerset Coal Company, Clarksburg [215 U.S. 481, 489] Fairmont Company, was referred to and made part of the bill. The Cumberland & Pennsylvania Railroad Company, the Fairmont Coal Company, and the five coal companies alleged in the bill to be affiliated with the Fairmont Coal Company, applied for leave to answer, on the ground that, although the alternative rule for mandamus had not been served upon them, and they had only been summoned to 'do whatever they deemed proper to protect their interest in the premises,' they desired to answer, because the questions involved 'are extremely important and of unusual interest, not only to your petitioners and the railroad against whom the mandamus is
Fuel Company, Southern Coal & Transportation Company, and Pittsburg & Fairmont Fuel Company, or for like traffic, under similar conditions, to any other shipper, its fair and reasonable percentage of all cars on the line of said railroad and to shippers of like traffic along its railroad line, based upon the system of distribution of cars in effect on said railroad as aforesaid, or upon any fair, reasonable, and equitable basis, and to furnish to the said Pitcairn Coal Company, for the transportation of its coal, without discrimination, exception, or limitation, and upon conditions as favorable as those given to other shippers, the percentage of the total car supply on said railroad at this time properly distributable by said railroad company to the said Monongah division, and thereon distributed among the relator and the other shippers of coal thereon as aforesaid.
Third. That in ascertaining and fixing the number of cars to which relator, Pitcairn Coal Company, and the other coal companies on the Monongah division aforesaid are entitled, the said Baltimore & Ohio Railroad Company shall take into consideration and include in the estimate or calculation of the number of cars, to be divided in the proportion to which the percentages of each mine entitles the owner thereof to cars, all cars, whether owned by individual operators, shippers, other railroad companies, or by the Baltimore & Ohio Railroad Company, and which may be upon the road of said Baltimore & Ohio Railroad Company, and shall also take into consideration, and include in the estimate or calculation of the number of cars to be divided upon the percentages aforesaid, all cars, whether furnished or used for fuel or supply coal for the Baltimore & Ohio Railroad Company, or for any other railroad company, and shall not deduct, before dividing the cars upon the percentages aforesaid, any cars for premiums at Curtis Bay, or other arbitrary allotments. [215 U.S. 481, 490] asked, but to the whole body of transportation companies engaged in interstate commerce, and that the importance of the questions involved is so great that your petitioners feel that they are making but a reasonable request when they ask for a reasonable time to thoroughly present the facts which the court ought to be in possession of for a full and complete determination of the question.' The right to answer having been given, and delay for that purpose having been accorded, these companies answered. Without at all going into detail, we think it suffices to say that the answer traversed all the averments as to preference and discrimination alleged in the bill. It specially asserted the legality of the operation on the Baltimore & Ohio Railroad of private or individual cars; made copious reference to the acts or contracts from which the right to operate said cars had arisen; charged that to take said cars from the service of the persons who owned them would be confiscatory, and in substance asserted the validity of the system of rating and of distribution enforced by the regulations of the company which we have previously referred to. Fourteen out of the thirty-one corporations referred to in the petition as independent companies briefly answered, adopting the averments of the petition, and praying for the awarding of the relief therein asked. Sixteen did not answer, and one of said companies substantially joined in the defenses of the railroad company, except as to the individual cars, concerning which it averred that it was the duty of the railroad to purchase said cars from the persons owning them, and to operate them as part of the railroad equipment. By stipulation the cause was heard by the court without a jury.
There was voluminous testimony and a protracted trial, each side requesting findings and instructions embodying their respective contentions, and excepting in so far as they were overruled. The court considered all the contentions raised by the pleadings except several which were not pressed at bar. It held that, in view of the relations which the Cumberland & Pennsylvania Railroad had to the Baltimore & Ohio, and [215 U.S. 481, 491] the origin of those relations, the method by which coal cars were turned over to the Cumberland road was not preferential or discriminatory. It decided that however amenable, abstractly considered, to criticism, if at all, might be the system of rating, and especially the inclusion therein of the amount of coal shipments, and the large influence attributed to that fact, yet, when the particular facts concerning the Monongah district and the relations of the Baltimore & Ohio to that district were given their proper weight, the system was a just one and ought not to be interfered with. The complaint as to the Curtis Bay premium was also decided to be without merit; and so also was the complaint as to consumer's cars, as to foreign railway fuel cars and company fuel cars. Considering the private cars belonging to mine operators, and, without at all going into the relation of the Baltimore & Ohio Railroad with the owners of such cars, it was decided that while there was a right on the part of the railroad to move the cars, and it would be confiscation to deprive the owners of the right to use them, yet the duty was on the railroad to take account of the cars in fixing the percentage in case of shortage. The court declined to consider the decree which has been rendered in favor of the Fairmont Company against the Baltimore & Ohio in the previous case, which was pleaded, as well as that in another cause, which was relied upon in argument to the same effect as controlling. The mandamus prayed, therefore, was refused as to every item embraced in the petition but that particular item, and, as to it, the writ was awarded. 154 Fed. 108.
The Baltimore & Ohio Railroad Company, the Fairmont Companies, and the Pitcairn Coal Company prosecuted error. The circuit court of appeals held as follows: (a) that the system of rating, so far as taking into view the shipments and percentages based thereon was considered, was discriminatory and preferential; (b) that while the right to allot cars to the Cumberland & Pennsylvania Railroad under the facts found below was lawful, the methods by which the allotment [215 U.S. 481, 492] was made was also discriminatory and preferential; (c) that the practice as to the Curtis Bay regulation was also amenable to the same criticism;(d) that the duty existed to take into account the individual cars, the foreign railway fuel cars, and the company fuel cars in making a pro rata division in case of car shortage, and that not to do so would give rise to undue preferences and unlawful discriminations forbidden by the act to regulate commerce. Concluding that the various subjects embraced in the complaint with which it thus dealt were all controlled by the act to regulate commerce, it was expressly decided that the right to rectify the wrongs by the issue of the writ of mandamus as prayed for was sanctioned by the twenty-third section of the act to regulate commerce, and the case was remanded to the court below, with directions to allow the writ of peremptory mandamus, in accordance with the opinion. 91 C. C. A. 147, 165 Fed. 113. The case is here upon error prosecuted by the Baltimore & Ohio Railroad and the Fairmont Coal Companies.
One of the assignments of error assails the correctness of the conclusion of the court below to the effect that, compatibly with the act to regulate commerce, there was power, under the circumstances disclosed by the record, to consider the subject-matters which were complained of, and to award the relief concerning them which was prayed. Indeed, the nature of the controversy and the relief which it requires is such that, even without the assigned error, to which we have referred, the question at the very threshold necessarily arises and commands our attention as to whether there was power in the courts, under the circumstances disclosed by the record, to grant the relief prayed consistently with the provisions of the act to regulate commerce, and to that subject we therefore at once come.
To a consideration of this question it is essential to at once summarily and accurately fix the subject-matter of the alleged grievances and the precise character of the relief, required in order to remedy the evils complained of upon the [215 U.S. 481, 493] assumption of their existence. As to the first, it is patent that the grievances involve acts of the Baltimore & Ohio Railroad, regulations adopted by that company, and alleged dealings by the other corporations, all of which, it is asserted, concern interstate commerce, and all of which, it is alleged, are in direct violation of the duty imposed upon the railroad company by the provisions of the act to regulate commerce. As to the second, in view of the nature and character of the acts assailed, of the prayer for relief which we have previously excerpted. and of the relief which the court below directed to be awarded, it is equally clear that a prohibition, by way of mandamus, against the act, is sought, and an order, by way of mandamus, was invoked and was allowed, which must operate, by judicial decree, upon all the numerous parties and various interests as a rule or regulation as to the matters complained of for the conduct of interstate commerce in the future. When the situation is thus defined we see no escape from the conclusion that the grievances complained of were primarily within the administrative competency of the Interstate Commerce Commission, and not subject to be judicially enforced; at least, until that body, clothed by the statute with authority on the subject, had been afforded, by a complaint made to it, the opportunity to exert its administrative functions.
The controversy is controlled by the considerations which governed the ruling made in Texas & P. R. Co. v. Abilene Cotton Oil Co. 204 U.S. 426 , 51 L. ed. 553, 27 Sup. Ct. Rep. 350, 9 A. & E. Ann. Cas. 1075. In that case suit was brought in a court of the state of Texas to recover, because of an exaction by a carrier, on an interstate shipment, of an alleged unreasonable rate, although the rate charged was that stated in the schedules duly filed and published in accordance with the act to regulate commerce. After great consideration, it was held that the relief prayed was inconsistent with the act to regulate commerce, since by that act the rates, as filed, were controlling until they had been declared to be unreasonable by the Interstate Commerce Commission on a complaint made to that body. It was pointed out that any other view would give [215 U.S. 481, 494] rise to inextricable confusion, would create unjust preferences and undue discriminations, would frustrate the purposes of the act, and, in effect, cause the act to destroy itself. The ruling there made dealt with the provisions of the act as they existed prior to the amendments adopted in 1906, and when those amendments are considered they render, if possible, more imperative the construction given to the act by that ruling, since, by 4, as enacted by the amendment of June 29, 1906 [34 Stat. at L. 589, chap. 3591, U. S. Comp. Stat. Supp. 1909, p. 1158] the Commission is empowered, indeed it is made its duty, in disposing of a complaint, not only to determine the legality of the practice alleged to give rise to an unjust preference or undue discrimination, and to forbid the same, but, moreover, to direct the practice to be followed as to such subject for a future period, not exceeding two years, with power in the Commission, if it finds reason to do so, to suspend, modify, or set aside the same, the order, however, to become operative without judicial action. In considering 4 in the case of Illinois C. R. Co. v. Interstate Commerce Commission, just decided, it was pointed out that the effect of the section was to cause it to come to pass that courts, in determining whether an order of the Commission should be suspended or enjoined, were without power to invade the administrative functions vested in the Commission, and therefore could not set aside an order duly made on a mere exercise of judgment as to its wisdom or expediency. Under these circumstances it is apparent, as we have said, that these amendments add to the cogency of the reasoning which led to the conclusion in the Abilene Case, that the primary interference of the courts with the administrative functions of the Commission was wholly incompatible with the act to regulate commerce. This result is easily illustrated. A particular regulation of a carrier engaged in interstate commerce is assailed in the courts as unjustly preferential and discriminatory. Upon the facts found, the complaint is declared to be well founded. The administrative powers of the Commission are invoked concerning a regulation of like character upon a similar [215 U.S. 481, 495] complaint. The Commission finds, from the evidence before it, that the regulation is not unjustly discriminatory. Which would prevail? If both, then discrimination and preference would result from the very prevalence of the two methods of procedure. If, on the contrary, the Commission was bound to follow the previous action of the courts, then it is apparent that its power to perform its administrative functions would be curtailed, if not destroyed. On the other hand, if the action of the Commission were to prevail, then the function exercised by the court would not have been judicial in character, since its final conclusion would be susceptible of being set aside by the action of a mere administrative body. That these illustrations are not imaginary is established not only by this record, but by the record in the case of the Illinois C. R. Co. v. Interstate Commerce Commission.
We say this record, because, as has been pointed out, one of the questions which we would be called upon to decide if the merits were open is whether the court below was right in holding that if anything but the physical capacity of a mine was taken into consideration by a railroad company in rating the mine for car distribution in time of car shortage, the act to regulate commerce would be violated, and therefore the system adopted by the Baltimore & Ohio Railroad Company was repugnant to the act, because it made not alone the physical capacity, but past shipments, factors to be considered. But the reports of the Interstate Commerce Commission show that, on a complaint made to that body on the subject of the system of mine rating of the Baltimore & Ohio Railroad Company, the Commission, before the decision of the circuit court of appeals in this case was announced, had expressly refused to hold that the system was either preferential or prejudicial within the act to regulate commerce. In that report, speaking of the Baltimore & Ohio system of mine rating, it was said (14 Inters. Com. Rep. p. 94): [215 U.S. 481, 496] 'This method of rating mines was adopted by the defendant in 1902, after a careful examination of the various systems in force on other lines. It was intended as a compromise between ratings based on physical capacity only and ratings based on commercial capacity only.'
And after elaborately weighing the matter, it was said (p. 95):
We say also the Illinois Central Case, since it is shown in that case that when the railroad company changed its regulations, presumably to have them conform to the administrative ruling made by the Commission in the Hocking Valley Case [12 Inters. Com. Rep. 398], such change was prevented from going into effect by an injunction issued by the circuit court of the United States for the northern district of Illinois in the Majestic Coal Co. Case [162 Fed. 810]. And when the Commission came to discharge its duty upon the complaint made to it in the Illinois Central Case, it was put to the alternative of either abdicating its administrative duties or making an order in violation of the injunction.
And the destructive effect upon the system of regulation devised by the act to regulate commerce, which these illustrations show must be the result of construing that act as giving authority to the courts, without the preliminary action of the Commission, to consider and pass upon the administrative questions which the statute has primarily confided to that body, may be greatly multiplied. This is shown by the opinion of the Commission in the Baltimore & Ohio Case, to which we have already referred, where the decisions of [215 U.S. 481, 497] other lower courts are referred to in conflict with the opinion of the court below in this case as to mine rating, and not in harmony with the views expressed by the Commission in the Baltimore & Ohio Case.
The court below deemed that it was its duty to award to the coal company the relief by mandamus which was prayed, upon the theory that 10 of the act to regulate commerce [March 2, 1889, 25 Stat. at L. 862, chap. 382, U. S. Comp. Stat. 1901, p. 3172] rendered it imperative to do so, this conclusion being specially based upon the provision of that section authorizing the remedy of mandamus to compel carriers 'to furnish cars or other facilities for transportation for the party applying for the writ.'
The section in question is as follows:
That it is not necessary to point out that there is ample scope for giving effect to and applying the remedy embraced in 10, if that section be construed in harmony with the act of which it forms a part, and not as destructive of one of the main purposes of the act is, we think, obvious. It is to be observed that the section, besides empowering the use of the writ of mandamus to compel the furnishing of cars and other facilities for transportation, also authorizes the use of that writ for the purpose of compelling the movement of traffic 'at the same rates as are charged, or upon terms or conditions as favorable as those given, by said common carrier for like traffic under similar conditions to any other shipper.' As it was settled in the Abilene Case that the right to question in the courts the rates established in accordance with the act to regulate commerce without previous resort, by complaint, to the Commission, in order to determine their unreasonableness, would be destructive of the act, and therefore was not permissible, that ruling is equally applicable to the provision as to furnishing cars, contained in 10, which is here relied upon, But as we are required, for the determination of the case now before us, to consider the scope of the act to regulate commerce as now existing, as a result of the amendments of 1906, we shall not rest our conclusion alone upon the persuasive force, of the reasoning which constrained to the conclusion announced in the Abilene Case. Speaking generally, it is true to say that, prior to 1889, although the prohibitions of the act to regulate commerce as to preferences and discriminations were far-reaching, the mechanism provided by the statute for the enforcement of orders of the Commission on the subject, as well as those concerning a finding as to unreasonable rates, were deemed to be in many respects ineffective, or at least tardy in operation or unsatisfactory in prompt remedial results, and this because immediate effect was not given to the orders of the Commission, but the aid [215 U.S. 481, 499] of judicial authority was required as a prerequisite for such result. Section 10, here relied upon, was not part of the original act, but, as we have said, was added thereto on March 2, 1889, for the obvious purpose of making the remedial processes of the act more speedy and efficacious. Now, it cannot in reason be questioned that among the purposes contemplated by the amendments adopted in 1906 was the curing of the presumed remedial inefficiency of the act by supplying efficient means for giving effect to the orders of the Commission, made in the exertion of the authority conferred upon that body. To that end, one of the amendments, 4, gives operative effect to the orders of the Commission without the sanction of previous judicial authority, and endows that body with the power, not only as to unreasonable rates, but as to practices found upon complaint to be unduly prejudicial and unjustly discriminatory, to correct the same by its order, which order should have effect within the period fixed in the statute, and, to enforce these provisions, penalties and forfeitures are provided. Sec. 5. It being demonstrable, as we have seen, that to give to 10 the broad meaning which the court below fixed to it would be to destroy or render inefficacious the remedial purposes of the amendments enacted in 1906, it must follow that such construction cannot be adopted, since to do so would compel us to hold that the wide and far-reaching remedies created by the amendments of 1906 were, in effect, destroyed by the narrower remedial processes which had been previously enacted in 1889. This conclusion being in reason impossible, it must follow that, construing the provisions of 10 in the light of and in harmony with the amendments adopted in 1906, the remedy afforded by that section, in the cases which it embraces, must be limited either to the performance of duties which are so plain and so independent of previous administrative action of the Commission as not to require a prerequisite exertion of power by that body, or to compelling the performance of duties which plainly arise from the [215 U.S. 481, 500] obligatory force which the statute attaches to orders of the Commission, rendered within the lawful scope of its authority, until such orders are set aside by the Commission or enjoined by the courts.
Nor is there anything in the contention that the decision in Southern R. Co. v. Tift, 206 U.S. 428 , 51 L. ed. 1124, 27 Sup. Ct. Rep. 709, 11 A . & E. Ann. Cas. 846, qualifies the ruling in the Abilene Case, and is an authority supporting the right to resort to the courts in advance of action by the Commission for relief against unreasonable rates or unjust discriminatory practices which, from their nature, primarily require action by the Commission. While it is true that the original bill in the Tift Case sought relief from alleged unreasonable rates before action by the Commission, yet, as said by this court (p. 437):
The judgment of the Circuit Court of Appeals peals is reversed, and the cause is remanded to the Circuit Court with directions to set aside its judgment, and enter judgment dismissing the petition.
Mr. Justice Harlan and Mr. Justice Brewer dissent.
[ Footnote 1 ] U. S. Comp. St. 1901, p. 3155.
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Citation: 215 U.S. 481
Docket No: No. 289
Decided: January 10, 1910
Court: United States Supreme Court
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NEW YORK – A former London imam told a jury Monday that he tried to help hostages in Yemen in 1998 by urging their captors to let them telephone embassies and their families.
Mustafa Kamel Mustafa testified for a third day in Manhattan federal court. He has pleaded not guilty to charges that he conspired to support terrorism by helping the hostage takers, by later trying to create a training camp in Oregon and by arranging for men to attend al-Qaida training camps in Afghanistan. If convicted, he would likely face life in prison.
The 55-year-old Mustafa has said he supplied a satellite phone to the men but was angry when he learned they had taken 16 people hostage.
"I felt betrayed," he said, recalling a conversation he had while he was in London. "I was a bit angry."
He said one of the hostage takers tried to calm him.
"He said: 'Don't panic. These things happen every day in Yemen,'" he recalled of one of his conversations with the kidnappers. He said his offer to go to Yemen and negotiate was refused.
Mustafa said he had urged the captors to let the hostages call their embassies and families and tell them: "We are good. We are looked after."
He added: "I tried to explain to him these people can be your mouthpiece."
He said he worried that the Yemen government would "act stupidly" and cause deaths. Four hostages died.
Yemen military troops rescued the European tourists about 24 hours after they were first overrun as their vehicles traveled between cities in late December 1998.
In his conversations with hostage takers, Mustafa said, he promised to pay for extra minutes on the satellite phone and charged $500 on a credit card to do so.
After the hostage taking ended, he reported that the satellite phone had been stolen and tried unsuccessfully to get the money back.
Two of the ex-hostages testified last week, including a woman who recorded an interview with Mustafa at his mosque as she worked on a book about her ordeal.
Mustafa was extradited in 2012 from England, where he turned London's Finsbury Park Mosque in the 1990s into a training ground for Islamic extremists, attracting men including Sept. 11 conspirator Zacarias Moussaoui and shoe bomber Richard Reid.
Before defense lawyer Joshua Dratel completed his questioning of his client Monday, he asked Mustafa again if he had conspired to do any of the things that prosecutors have said he did. As he had at the outset of his testimony last Wednesday, he denied doing so.
Prosecutors were to begin cross examination on Tuesday, with closings likely to follow Wednesday.

subset: commoncrawl


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A good shortcut to know for changing the brush size in Photoshop CS2-CS4 is to use the [ and ] (left and right square bracket) keys. Each time you press one of these keys, the current brush will decrease or increase in size. Add the shift key to change the hardness of the brush edge. This works with most other tools besides the Brush tool, such as the Magnetic Lasso, Erasor, History Brush, Blur, Dodge/Burn, etc.
If you have Photoshop CS4 running on a computer that supports OpenGL (choose Preferences > Performance to see if your computer supports this) there is an even better shortcut.
With any brush or painting tool active, use the shortcuts below to precisely change the brush size by dragging with the mouse. You will see immediate, interactive on-screen feedback as you drag.
Change brush size: option-ctrl-drag
Change brush edge softness: command-option-ctrl-drag
Change brush size: alt-right mouse button drag
Change brush edge softness: shift-alt-right mouse button drag


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Here's a summary of Judy's interpreting adventures during the month of June. This is meant to be taken with a grain of salt and a bit of Friday sense of humor.
Happy Friday, dear readers!
- Spanish-language interpreting assignments: 95%
- German-language interpreting assignments: 5%
- Court appearances in district/justice court: 1
- Court appearances in family court: 0
- Number of depositions: 17 (including cancelled, postponed and cannot-find-deponent depositions)
- Escort interpreting assignments: 1
- Number of times court clerk or court reporter wanted to swear me in as a court translator: 7
- Number of times an attorney fell asleep during a deposition: can't say; well, OK...5 times
- Number of objections voiced by opposing counsel to the other counsel's questions: lost track (in the hundreds)
- Amount of times an attorney wanted to state for the record that he or she found another attorney to be offensive, rude or inappropriate: 4
- Percentage of deponents who really did speak English and did not need a court interpreter: 15 (guesstimate)
- Amount of times interpreter had to ask for repetition because of mumbling speakers: too many to count
- Miles driven to and from interpreting projects: exactly 200
- Amount of extra-soft European tissues shared with anyone who needs this this month: 0 (it was a good month)
- Dictionaries and books brought to every assignment: Holly Mikkelson's The Interpreter's Companion and Dennis McKenna's Criminal Court Dictionary
- Amount of times I looked anything up in these dictionaries: 0
- Blunder of the month: could not think of the English translation of "perejil" (parsley) fast enough.
- Person who came to my rescue: an attorney
- Longest amount of time spent searching for car in the parking garage after assignment: 15 minutes
- Percentage of law firms who paid their May invoices within 30 days: 100%
Happy Friday, dear readers!


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Regular Board meetings and special meetings/workshops of the Board of Education are usually held on the first and third Tuesdays of each month at 7:00 p.m., except July and August. Meetings are held at the Town Hall, 50 South Main Street, in the Chamber Room on the 3rd floor, unless otherwise noted in the press prior to the meeting date.
The public is invited to attend all meetings of the Board, however there is no public forum at workshops and personnel matters and contract negotiations are discussed in executive session as permitted by state law. The Board of Education welcomes all visitors interested in addressing the Board at regular Board meetings. In order to accommodate everyone, the Board will refrain from immediately responding to speaker inquiries during the public comment periods.


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Brooklyn Justice Jack Weinstein rules poker's not gambling under federal law
A federal judge ruled Tuesday that poker is more a game of skill than chance and cannot be prosecuted under a law created to stop organized crime families from making millions of dollars from gambling.
The decision by Judge Jack Weinstein in Brooklyn was embraced by advocates of card games pushing to legalize Internet poker in the United States. The judge relied extensively on the findings of a defense expert who analyzed online poker games.
The ruling tossed out a jury's July conviction of a man charged with conspiring to operate an illegal underground poker club, a business featuring Texas Hold'em games run in a warehouse where he also sold electric bicycles. There were no allegations in the case that organized crime was involved or that anything such as money laundering or loansharking occurred.
"Because the poker played on the defendant's premises is not predominately a game of chance, it is not gambling" as defined in the federal law, the judge wrote in a lengthy decision that traced the history of poker and federal laws to combat illegal gambling.
Prosecutors did not immediately respond to a phone message seeking comment.
The judge said his findings will not prevent federal law enforcement authorities from curbing the influence of organized crime because poker games operated through the Mafia can be prosecuted through federal racketeering laws. He said it also does not prevent states from banning card games operated as businesses, which many of them have. He mentioned that state courts that have ruled on the issue are divided as to whether poker constitutes a game of skill, a game of chance, or a mixture of the two.
Defense lawyer Kannan Sundaram had asked the judge to reject the jury verdict against Lawrence Dicristina on the grounds that the law doesn't apply to the case. Sundaram said Tuesday his client was happy with the decision.
Attorney Tom Goldstein, who made arguments before Weinstein on behalf of the Poker Players Alliance, called the decision a validation for poker players, the tens of millions of people who play the game, and believe they are not gambling, taking a chance, but exercising skill in playing against each other.
He said the decision was the most thorough and detailed poker ruling he had seen by a U.S. court.
John Pappas, executive director of the advocacy group representing more than a million poker enthusiasts, said the "thoughtful decision recognizes what we have consistently argued for years: poker is not a crime, it is a game of skill."
He called it "a major victory for the game of poker and the millions of Americans who enjoy playing it."
"As the judge's opinion aptly notes, poker is an American pastime that is deeply embedded in the history and fabric of our nation and his decision sets aside the notion that the vague laws render the game criminal," he added.
In his ruling, Weinstein traced the history of poker and the passage of the Illegal Gambling Businesses Act. He said there was little mention of poker by members of Congress, likely because Mafia involvement in poker games at the time was limited.
He noted that one senator was worried when the merits of the law were debated in 1970 that it might affect those colleagues of his who "engage in a friendly game of poker now and then."
He was assured it would not.
The judge also cited a study that analyzed 103 million hands of Texas Hold'em poker, where 75 percent of poker hands ended when one player induced his opponents to fold so that no cards were revealed.
"Other studies have found that skilled players defeated unskilled players both in simulations and in real-world play," he said.


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64 Countries Mandate GMO Labeling
The US and Canada do NOT!
Join 1,400,000 Americans Who Are Demanding to Know What's in Their Food
Studies show that 93% of Americans support mandatory labeling of genetically engineered (GE) foods.
GE foods are labeled in 64 countries including the entire European Union. The U.S. is now one of the only developed countries in the world that doesn't require labeling.
In 2014, 36 GE labeling bills were introduced in 20 states and experts are projecting the number to be as high or higher in 2015. While many state-level initiatives, including the recent one in Oregon, have been narrowly defeated under an avalanche of misleading advertisements, the handwriting is on the wall: Americans want GE food labeling, and will keep organizing until we get it.
That's why the Food Revolution Network is teaming up with a broad coalition of organizations in supporting the Center for Food Safety's formal legal petition with FDA demanding that the agency mandate the nationwide labeling of GE foods.
Our coalition has gotten more than 1.4 million signatures so far. Please add your voice and send your comment to FDA and President Obama.
Help us reach the 2 million mark, and make mandatory federal GE labeling a reality in 2015!
Subject: FDA-2011-P-0723-0001/CP
Your letter:
Phone:(202) 456-1111
Fax:(202) 456-2461


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Structural Pest Control Elkton, OHIO | PEST EXTERMINATION Elkton, OH
TRUSTED LOCAL PEST CONTROL & LOCAL EXTERMINATORS, Elkton, OHIO
If you searched for an exterminator in Elkton, Ohio, exterminator near me, pest control near me or pest control Elkton, Ohio, you're in the right place.
Structural Pest is a quality supplier of pest management services with a fast-moving with a proactive system to take care of all your pest control needs. From a single visit to our monthly or quarterly programs, our expert professional will provide responsive, exceptional service to protect both your health and property.
A leader in pest management companies in the Elkton area, Structural Pest Management has earned the reputation for the best pest control, rodent control, insect exterminators and bed bug experts. We stay up-to-date with all the health and safety guidelines, continuously updating equipment and enhancing our methods to give you and your Elkton property the best service in the most cost-effective way.
Looking for a Elkton exterminator? Call Structural Pest Management FIRST for FREE phone estimates and a same-day scheduled exterminator in Elkton and the surrounding communities.
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Rodents and termites in can do extensive property damage if left unchecked. Our Expert service professional will make sure your Elkton home is protected.
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We use safe, up-to-date, and effective products and techniques to give Elkton residents a pest free home.
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PROGRAMS FOR RESIDENTIAL PEST CONTROL Elkton, OH
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If you just want to rid your home of a specific pest without a long-term contract from a Elkton pest control company, then we can help! We provide treatments with as few as one visit, based on your specific targeted pest.
Quarterly Program
Insects and rodents can damage wood, wire and lead, as well as, bring in bacteria and diseases that are harmful. Count on the best exterminator in Elkton to provide you with a preventative maintenance plan that combats over 20 different pests throughout the year.
Residential Monthly
While a Quarterly Program is generally sufficient, there are some tough Elkton pest issues may require more visits, such as wasps and roaches. Our monthly service for Elkton residents is designed to offer you year-round protection from even the peskiest of pests.
Our Pest Control Services Elkton, Ohio
Bed Bug Control Elkton, OH | Bed Bug Control Near Me
Bed bugs and small parasitic insects that are blood-feeding and leave itchy red bite marks. Bed bugs have been found around Elkton, Ohio. A bed bug infestation can be hard to control spreading throughout a house or apartment complex without the professional treatment. Contact the Elkton bed bug experts, trained specialists in exterminating bed bugs.
Rodent Control Elkton| Rodent Control Near Me
Looking for rodent control in Elkton, contact Structural Pest Management to solve your rodent problem. When a rodent problem surfaces, your household is invaded posing health risks that endanger your health and cause property damage and financial losses. Our Elkton professional is trained to protect you and your property with a full range of extermination services to overcome mice, rats, voles, or chipmunks.
Insect Control Elkton| Insect Control Near Me
Looking for insect control in Elkton, contact Structural Pest Management to exterminate cockroaches, termites, pantry pests, spiders, stink bugs, ants, fleas, flies, beetles, bees and wasps. From nuisance to life-threatening stings, we can provide the insect control services in the Elkton area that you need to protect you family and property.
Bats and Wildlife Control Elkton| Bats and Wildlife Control Near Me
One of the top wildlife control services in Elkton, Structural Pest Management can help remove bats, birds, or squirrels, that may have found a way in or around your home. No matter what the species, they should be handled professionally. Structural Pest Management of Elkton can send a trained specialist to relocate wildlife away from your property.


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I am a huge fan of cheesecake. I learned to make the baked variety last year during a Daring Baker's Challenge and I've found any excuse to make it ever since.
I've been successfully following a low carb diet since Christmas and I wanted to create a low carb, but delicious dessert for Valentine's Day this year.
I wanted the dessert to be light, yet decadent with a swirl of chocolate and a hint of almonds!
This particular recipe is for a no-bake cheesecake that relies on unflavored gelatin added to the base to help the recipe firm. It is quickly created and will be ready to serve within 2 hours of refrigeration.
This recipe does not taste like a traditional dense baked cheesecake. It is a much lighter version with an "airy" texture, much like a whipped cream cheese based dessert.
For sweetness, I combined two of my favorite all natural sugar-free substitutes: erythritol and a non-bitter stevia. These sweeteners are perfect in this light and delicious almond-hinted cheesecake.
I love regular baked cheesecake that uses eggs, but this recipe is a low carb time saver, and it makes a truly beautiful presentation!
Happy Low Carb and Gluten Free Valentine's Day!
Almond Chocolate Swirl Cheesecake
(A No-Bake Cheesecake)
Cheesecake Ingredients
16 ounces cream cheese or greek yogurt, softened to room temperature
2 cups sugar-free cool whip, or whipped cream (whipped until stiff peaks appear)
2 envelopes unflavored gelatin
2/3 cup boiling water
1/2 cup erythritol (or sugar substitute of your choice)
1/8 teaspoon stevia
1/2 teaspoon almond extract
1/2 teaspoon vanilla extract
Sugar-Free chocolate syrup, for swirling on top
Crust Ingredients
3/4 cup almond meal
2 tablespoons erythritol
3 tablespoons butter or coconut oil, melted
In a large glass bowl, mix boiling water with both packages of unflavored gelatin, erythritol, and stevia. Mix in cream cheese or greek yogurt until mixture is very smooth. Add vanilla and almond extracts, and finally fold in whipped cream. Mix thoroughly and set aside while you make the crust.
In a small bowl mix together all crust ingredients until crumbly. Pour into an 9" pie plate, press and shape into the bottom and sides of pan to form the crust.
Pour prepared cheesecake batter into crust. Gently spread batter with a spatula so it covers the crust evenly. Stream 2-3 tablespoons of sugar free chocolate syrup back and forth over the cheesecake. Take a clean butter knife and pull it through the cheesecake batter and chocolate to form a decorative swirl pattern.
Refrigerate cheesecake for 2-4 hours until firm and set. Makes 12 delicious slices.
(6 net carbs per slice.)
Printer-friendly recipe.
Carrie's Notes:
- DAIRY FREE OPTIONS: You can use soft tofu in place of the cream cheese/greek yogurt in this recipe. Clara also mentioned that you may be able to use strained coconut yogurt as well for a dairy free substitute!
- You can certainly use the same amount of sugar in place of the erythritol and stevia if you are not watching your carb intake.
- This recipe contains a total of 73 net carbs, divided by 12 peices equals about 6 net carbs per slice.
- Regular cream cheese and full fat greek yogurt contain about the same amount of net carbs. I used greek yogurt in this recipe because I had some on hand, and it is as thick and creamy as cream cheese.
- You can make this cheesecake crust free, and it will be 5 net carbs per serving for 12 slices.
- If you like other flavors of gelatin (such as strawberry, lemon, or cherry) you can use 2 packages of sugar free jello of your choice, and leave out the erythritol and stevia.
- This is truly a beautiful dessert! I think an individual marischino cherry placed on each slice would be a lovely addition!


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A Cup of Creativi-tea: How To Enhance Your Next Meeting
Terri Wilson is a solo librarian at the law firm of Underwood, Wilson, Berry, Stein, and Johnson, PC in Amarillo, Texas. She has a BFA in Theatre from Eastern New Mexico University, an MFA in Theatre from Texas Tech University, and an MS in Library & Information Science from the University of North Texas. Prior to becoming a law librarian, Terri was a paraprofessional for six years in the reference department of the University Library at Texas Tech. And prior to that, she explored a cornucopia of employment positions while a laboring as a struggling actor (emphasis on the struggling part). Terri has recently started a blog for creative ideas for librarians.
A Cup of Creativi-tea: How To Enhance Your Next Meeting
by Terri Wilson
Published June 18, 2006
We've all been in those meetings where it was a constant fight to stay awake until the bitter end. We've all run those meetings where a request for input was met by the chirping of crickets. "Bueller? Bueller?"* But it doesn't have to be like this. With the exception of the strictly information dissemination meeting, people meet in order to exchange ideas, work on projects, plan strategies, and the like. In other words, meetings are meant to involve active participation. Tapping into participants' creativity can make these meetings more productive, and dare I say it, maybe even enjoyable. As every actor knows, you have to have the right props. Starting with a comfortable room. (Ok, that's more of a set, not a prop, but let's not ruin my metaphor.) If you have a choice, be picky about your meeting room. Some seem to be continually climate-challenged, ranging from sub-arctic temperatures to stagnant swamps of heat. Some are cramped and some have the most uncomfortable chairs in the building. Ideally, you want an appropriately sized room for the number of people who are meeting, that has a reasonably controlled thermostat, and comfortable chairs. It would be even better if the seating was informal, such as couches and armchairs. But if you're restricted to standard business furniture, at least try to configure the room so that people are sitting in a circle or square, either around a table or not. Avoid the long table with the chairperson at the head or, worse yet, classroom seating with everyone in neat little rows and the chairperson at the front of the room. The less formal you make the setting, the more likely your participants will be to open up their minds and "play" a little. Now the props. It may sound hokey, and you may even have laughed that sarcastic little laugh the first time someone brought these to a meeting, but toys, snacks, and brightly colored writing implements jumpstart people's creativity in no time flat. A basket full of simple dollar store toys will suffice. Puttys, clays, spongy balls, and blocks can keep hands busy while the wheels in their heads are turning. Stay away from any toys that make sound, puzzle toys that are too engrossing, or balls that will spend half their time rolling onto the floor and across the room and create more distraction than innovation. Snacks need to be simple as well. Bite sized candies and crackers are good, as well as raisins or nuts. Have a variety so that those with a sweet tooth and those who can't or won't indulge in sugary treats will have something from which to choose. And last but not least, for us rabid doodlers, crayons or colored pencils or markers. The colors stimulate the imagination, and you may even see people start to visualize their ideas on paper before they offer them vocally to the group. To further stamp your meeting as open to creative minds, consider starting off with an icebreaker. It could be a creativity exercise like everyone writing down and then sharing the top ten places in the world they would visit if money was no object. Or a competition of who can draw the fastest stick figure house with the winner getting to keep one of the toys on the table. An icebreaker can help loosen everyone up and encourages people to forget about the events of the day and get into the groove of the meeting. These examples presuppose that you are the one leading the meeting. If you're not and you have a comfortable relationship with the person who is, share these suggestions with him or her and offer to help set things up. If you don't feel that you can influence the way the meeting is run, then bring something to the meeting for yourself. A squishy ball or a bright marker can help you keep yourself engaged. And who knows. You might even start a trend. A creative one. *Ferris Bueller's Day Off. Dir. John Hughes. Perf. Matthew Broderick. Paramount Pictures, 1986.


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EPSG 2697 Code: Understanding the geodetic parameter dataset
When working with geospatial data, it is essential to have a standardized system for referencing and representing locations on the Earth's surface. EPSG (European Petroleum Survey Group) codes are a popular geodetic parameter dataset that defines coordinate systems, datums, projections, and other geodetic parameters. These codes ensure interoperability and accuracy of geospatial applications and data exchange.
The EPSG dataset is maintained and regularly updated by the IOGP (International Association of Oil & Gas Producers) and the IAG (International Association of Geodesy). It contains a rich collection of CRSs (Coordinate Reference Systems), which determine and measure coordinates on the Earth's surface.
Each EPSG code corresponds to a specific CRS, and provides detailed information about its properties, including the datum, ellipsoid, projection method, units of measure, and coordinate transformation parameters. EPSG 2697 Code ensure consistent definitions and referencing of coordinate systems across different software tools, databases, and applications. They provide a standardized framework for exchanging geospatial data, facilitating seamless interoperability and accurate spatial analysis.
Features and capabilities of EPSG 2697 Code
EPSG 2697 Code offer the following features and capabilities that improve the management and analysis of geospatial data:
- CRS standardization: EPSG 2697 Code establish a standardized system for referencing and representing coordinate systems, ensuring consistency and accuracy of spatial data analysis between different software applications.
- Coordinate conversion: EPSG 2697 Code provide seamless coordinate conversion between different CRSs, allowing integration of data from multiple sources or analysis in different coordinate systems.
- Comprehensive database and search engine: Online resources such as the EPSG.io website and geospatial libraries provide extensive databases and search tools to locate and retrieve EPSG 2697 Code based on specific locations or CRS attributes, simplifying the identification of appropriate CRSs.
- Compatibility with GIS software: Most GIS software applications support EPSG 2697 Code, allowing users to select the appropriate CRS for their data and ensuring easy integration and interoperability across platforms.
- Lookup tables and databases: Geospatial software applications often provide lookup tables or databases that simplify the retrieval of EPSG 2697 Code for specific coordinate systems, improving efficiency and accuracy of spatial data management and analysis.
Benefits and applications of EPSG 2697 Code
EPSG 2697 Code offer several benefits and find applications in various geospatial fields:
- Accurate geospatial positioning: EPSG 2697 Code enable precise navigation, cartography, and surveying by ensuring accurate positioning on the Earth's surface.
- Data sharing and interoperability: EPSG 2697 Code facilitate collaboration and analysis by enabling data sharing and interoperability across different software platforms and projects.
- Common language for coordinate systems: EPSG 2697 Code provide a standardized language for seamless work with different datasets, ensuring consistent interpretation and representation of coordinate systems.
- Global recognition and adoption: Widely supported by geospatial software and data sources, EPSG 2697 Code ensure compatibility and seamless integration of geospatial data between different applications.
- Geospatial data management and analysis: EPSG 2697 Code standardize coordinate systems, ensuring accurate interpretation and display of geographic data in mapping and GIS applications.
- Data integration: EPSG 2697 Code enable seamless collaboration, ensuring consistent results and efficient data exchange across projects and organizations.
Future development
As geospatial data continues to evolve, the EPSG 2697 Code will become more important for achieving interoperability and standardization. The EPSG database is expanding to include the latest and most technologically advanced coordinate reference systems. As geospatial applications become more different and interconnected, EPSG 2697 Code will remain an essential component, enabling efficient data exchange, accurate analysis, and seamless collaboration.
In summary, the EPSG 2697 Code provide a standardized and reliable framework for referencing and defining coordinate systems in geospatial data. They facilitate interoperability, improve data sharing, and ensure accurate spatial analysis. By understanding and using EPSG 2697 Code, GIS professionals, cartographic enthusiasts, and anyone working with geospatial data can unlock the full potential of their data and foster seamless collaboration between different applications and projects.


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Server Pool Operations
A Server Pool node on left navigator represents a group of managed servers.
- Desktops, QA Lab and Servers server pools are created by default. They serve as a good starting point. You can create your own Server Pools as well.
- If ConVirt is installed on a machine running Virttualization enabled kernel, it adds Local machine automatically and would manage Virtual machines on them.
- Provisioning Settings : This allows users to set server pool level settings. These are simple definitions that would override or fulfill variables in the image at the time of provisioning. For example, the Desktop group is associated with class B storage and can be specified with VM_DISKS_DIR=/mnt/class_b_storage/. Now at the time of provisioning, the VM_DISKS_DIR would get substituted by the class b storage location. This helps to manage all servers in a uniform fashion.
- Storage Pool : This allows declaration of iSCSI, AOE and NFS storage associated with a server pool. Once declared, Lun/ether disks and nfs mount points can be easily selected at the time of provisioning. Note : It is assumed that all servers in the server pool are already setup for accessing shared storage. This is not yet handled by ConVirt. Please see Storage Management section for more details.
- Add Server : Adds additional remote managed servers to a pool You are prompted for basic information:
- Host name : Name of the server/host to be added.
- Username : (typically root)
- Password : (NOT SAVED ANYWHERE ON DISK/can be left blank if authentication is done using keys)
- Xen Port : Port on which Xen Daemon (xend) is listening. Typically 8006.
- SSH port : Typically 22
- Use Keys : If you wish to use key based authentication instead of the password.
Notes: If you run in to trouble, please make sure that you have followed the instructions given in Preparing Managed Servers section.
- Remove Server : A server can be removed from the list, by selecting it and choosing "Remove Server"
- Change Group membership : Simply select the Server, drag and drop it to its new group.
- Connect All : This is a convenient feature to make ConVirt connect to all servers in the pool and start collecting measurements and show them in the dashboard.


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Nutella brownies with mix topping chocolate ball, almond dice, oreo & kit kat. Kit kat flavor will depend on stock availability. Paper cup upon request.
We'll write on a piece of plastic sheet
If you add on wish card, write your wish at Note box below. (optional)
We will attach this note on the box or wish card.
Login/register with your Email before adding products to cart. So you can track orders, collect points & enjoy discounts.


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MaRDI is a Germany-wide initiative to address challenges in mathematical research. It is aimed mainly at mathematicians to change how we do mathematics using FAIR (Findable, Accessible, Interoperable, and Reusable) research data. This way, it fits very well with our own open-source philosophy.
IMAGINARY actively participates in this initiative by assisting in communicating and...Weiterlesen


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CDL-A Dry Van Truck Driver in Columbus, OH
CDL A Truck Drivers - $5,000 Sign-on Bonus & No Touch Freight!
CDL A Truck Drivers – Dry Van – No Touch Freight!
Earn Your Potential PLUS An Additional* $5,000 Sign-On Bonus!
Why Choose Hogan?
- Average Annual Pay of $61,000
- No Touch Freight/Drop and Hook
- Annual Mileage Pay Increases*
- Top Drivers earn $68,000 Annually!
- Home Weekly
- Steady Freight – Not Seasonal
- Late-Model Trucks
- Pet Policy & Passenger Program*
- Vacation and Holiday Pay
- Medical, Dental, Vision, Life Insurance, 401(k)
- Driver Referral Program = Unlimited Earning Potential!
See where the road can take you when you drive for Hogan!
Hogan is family owned and operated with over 100 years of experience in the Transportation Industry. We continue a tradition of unparalleled, personalized service to clients and drivers. Hogan utilizes first-class equipment and advanced technology to help our drivers be successful. Drivers can expect a career embodied by safety, teamwork, professionalism, integrity, and the constant pursuit of excellence. Our nationwide network of dedicated opportunities allows drivers the opportunity to find predictable home time, competitive pay rates, and stable customer freight that best suits their needs. Our goal is to attract, recruit, and retain excellent employees that are passionately motivated to represent Hogan's core values. If this sounds like you, apply today to join the Hogan team!
*Speak to a recruiter today for more details!
Your Background & Experience:
- Valid Class A CDL
- Hiring New & Experienced Drivers!
Interested in this Job?
Hogan Transports's Benefits
General Perks |
Paid Orientation | Details |
Training Available | Details |
Types of Runs | |
Time Away from Home | Details |
Rider Program | Details |
Pets | Details |
Benefits |
Cost Driver Benefits | Details |
Cost Family Benefits | Details |
Medical | Details |
Dental | Details |
Vision | Details |
Retirement | Details |
Profit Sharing | Details |
Bonuses |
Lay Over Pay | Details |
Breakdown Pay | Details |
Loading/Unloading | Details |
Company Bonus | Details |
Compensation |
Recent Graduates
Details |
1-6 Months Experience
Details |
7-12 Months Experience
Details |
1-5 Years Experience
Details |
6+ Years Experience
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Management Statement of Responsibility
The Financial Statements of the Canada Media Fund (CMF) have been prepared by management and approved by the Board of Directors (Board). Management is responsible for the integrity and reliability of the Financial Statements and the financial information contained within the Annual Report.
The Financial Statements have been prepared in accordance with Canadian accounting standards for not-for-profit organizations. The Financial Statements include certain amounts based on management's judgments and best estimates where deemed appropriate. The significant accounting policies used are disclosed in Note 2 to the Financial Statements. The financial information presented throughout the Annual Report is consistent with the Financial Statements.
The CMF develops and maintains systems of internal control and supporting procedures. The systems of internal control are designed to provide reasonable assurance that assets are safeguarded; that transactions are properly authorized, recorded, and in accordance with the by-laws and financial policies of the CMF; and that there are no material misstatements in the Financial Statements or the financial information contained within the Annual Report.
The internal control framework includes a strong corporate governance structure, a risk management framework that identifies, monitors and reports on key risks facing the organization, code of conduct and conflict of interest procedures, and other policies, management authorities and procedures that guide decision-making.
The controls also include the establishment of an organizational structure that provides a division of responsibilities and accountability, the selection and training of qualified staff, and the communication of policies, management authorities and procedures throughout the organization. The systems of internal control are further supported by internal and external auditors who review and evaluate internal controls in accordance with their respective annual audit plans approved by the Audit Committee.
The Audit Committee assists the Board in discharging its responsibility to approve the annual Financial Statements. The Audit Committee, consisting of three independent directors, meets regularly with management and the internal and external auditors to discuss the scope and findings of audits and other work they may be requested to perform from time to time, to review financial information and to discuss the adequacy of internal controls. The Audit Committee reviews the annual Financial Statements and recommends them to the Board for approval.
The CMF's external auditors, KPMG LLP, have conducted an independent examination of the Financial Statements in accordance with Canadian generally accepted auditing standards, performing such tests and other procedures as they consider necessary to express an opinion in their Auditors' Report. The external auditors have full and unrestricted access to management and the Audit Committee to discuss any findings related to the audit of the Financial Statements.
Valerie Creighton
President and CEO
Sandra Collins
Vice-President, Operations and CFO


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An OMS favorite! Slipstream Fins are made with monoprene creating a lightweight but high performance fin. Made with a spring heel strap, Slipstream Fins give divers an easy donning fin that will also "deliver the goods" in any condition. The light weight helps to keep the divers legs in optimal position when a low-silting kick is necessary and is also optimal for divers reduce damage while working around sensitive marine areas like coral reefs.
Items will be ready for collection/dispatch in 3-5 working days.


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What is Aceclofenac–Paracetamol–Serratiopeptidase used for?
Aceclofenac–Paracetamol–Serratiopeptidase is used to treat chronic pain and inflammation associated with rheumatoid arthritis, osteoarthritis, ankylosing spondylitis, tendinitis, sprain, and back pain. This medicine may also be used to treat other conditions as determined by your doctor.
What is the recommended dosage of Aceclofenac–Paracetamol–Serratiopeptidase?
The dosage of Aceclofenac–Paracetamol–Serratiopeptidase prescribed to each patient will vary. Always follow your physician's instructions and/or the directions on the prescription drug label.
What if you miss a dose of Aceclofenac–Paracetamol–Serratiopeptidase?
If your physician has instructed or directed you to take Aceclofenac–Paracetamol–Serratiopeptidase medication in a regular schedule and you have missed a dose of this medicine, take it as soon as you remember. However, if it is almost time for your next dose, then skip the missed dose and go back to your regular dosing schedule. Do not double the doses unless otherwise directed.
What if you overdose on Aceclofenac–Paracetamol–Serratiopeptidase?
Any medication taken in excess can have serious consequences. If you suspect an overdose of Aceclofenac–Paracetamol–Serratiopeptidase, seek medical attention immediately.
What other drugs could interact with Aceclofenac–Paracetamol–Serratiopeptidase?
Usually drug interactions occur when it is taken with another drug or with food. Before you take a medication for a particular ailment, you should inform the health expert about intake of any other medications including non-prescription medications, over-the-counter medicines that may increase the effect of Aceclofenac–Paracetamol–Serratiopeptidase, and dietary supplements like vitamins, minerals and herbal, so that the doctor can warn you of any possible drug interactions.
Do let your doctor know if you smoke, consume alcohol or caffeinated drinks, or use illegal drugs as these may interfere with the action of your medication. Make sure to inform your doctor of any medical conditions you may have, or any family history of medical problems. Do not start or stop using any medicine without consulting your doctor.
What are the side effects of Aceclofenac–Paracetamol–Serratiopeptidase?
Like other medicines, Aceclofenac–Paracetamol–Serratiopeptidase can cause some side effects. If they do occur, the side effects of Aceclofenac–Paracetamol–Serratiopeptidase are most likely to be minor and temporary. However, some may be serious and may require the individual to inform the doctor or visit the nearest hospital immediately.
It is pertinent to note that side effects of Aceclofenac–Paracetamol–Serratiopeptidase cannot be anticipated. If any side effects of Aceclofenac–Paracetamol–Serratiopeptidase develop or change in intensity, the doctor should be informed as soon as possible.
Aceclofenac–Paracetamol–Serratiopeptidase can cause side effects such as nausea, diarrhea, and abdominal pain. This is not a complete list of all side effects. Do concur with your doctor and follow his directions completely when you are taking Aceclofenac–Paracetamol–Serratiopeptidase.
What are the questions to ask your doctor before taking Aceclofenac–Paracetamol–Serratiopeptidase?
Is it possible for me to take Aceclofenac–Paracetamol–Serratiopeptidase with other drugs?
Should certain beverages, foods and other products be avoided when I take Aceclofenac–Paracetamol–Serratiopeptidase?
What are the possible drug interactions of Aceclofenac–Paracetamol–Serratiopeptidase?
How will Aceclofenac–Paracetamol–Serratiopeptidase work in my body?
How should Aceclofenac–Paracetamol–Serratiopeptidase be taken?
How to reduce the risk of Aceclofenac–Paracetamol–Serratiopeptidase drug interactions and side effects?
The health and medical information provided here is intended to supplement and not substitute for the expertise and judgment of your physician, pharmacists or other health care professional. It should not be understood to indicate that the use of Aceclofenac–Paracetamol–Serratiopeptidase is safe, appropriate or effective for you. Always consult your health care professional before using this, or any other, drug.


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Adult Long Sleeve Leotard (Light Suntan) TB135
Adult Long Sleeve Leotard (Light Suntan) TB135
Our Team Basic long sleeve leotard features a scooped front and back with a traditional lower ballet leg line. A classic look for class, costume, liturgical, and just a basic for outerwear. Excellent value for a high quality, soft, double-stitched spandex infused garment. Available in a large range of sizes and colors.
- Best seller
- 90% Nylon, 10% Spandex
- Full front lining on ballet pink, light blue, light suntan, nude and white only
- Also available in Childrens sizes (Style TB134C)
- Machine wash cold, delicate cycle, hang dry
Style: TB135


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There are a variety of foods Drs. Roger Nettune and Kenneth Banasiak want you to avoid while you're wearing braces. Some foods can occasionally damage braces, but certain foods can bend the wires or even break the brackets on your braces. If you're wearing braces, you should avoid starch, sugar and gummy foods, as these foods can be difficult to remove during brushing. Foods that are high in sugar and starch tend to cause plaque, cavities and even tooth decay.
Avoid tough meats, hard breads and raw vegetables such as carrots and celery. Before long, you'll be able to bite a cucumber again. But you'll need to protect your orthodontic appliances when you eat for as long as you're wearing braces.
Foods you should avoid include:
• Chewy foods: bagels, hard rolls, licorice
• Crunchy foods: popcorn, ice, chips
• Sticky foods: caramels, gum
• Hard foods: nuts, candy
• Foods you have to bite into: corn on the cob, apples, carrots
Also, chewing on hard things (for example, pens, pencils or fingernails) can damage the braces. Damaged braces will cause treatment to take longer.
If you have any questions on which foods you should be avoiding and why, we invite you to give Banasiak & Nettune Orthodontic Associates a call or ask our staff during your next visit.


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Release Date: May 11, 2011 This content is archived.
BUFFALO, N.Y. -- Move over, Howard Roark! There's a new architect in town and she's not afraid of the color pink.
Mattel's Architect Barbie, icon of the building trades, is ready for launch. Eleven-and- half inches tall in her trendy ankle boots and carrying a hard hat and pink drawing tube, the doll channels "Barbie's rebellious side," according to a University at Buffalo architecture professor who helped bring her to the public stage. And Barbie is already generating talk among practicing architects about the role of women in the field.
The 127th doll in Mattel's "Barbie I Can Be..." series was a long time coming. Since 2002, when Architect Barbie won Mattel's competition for Barbie's next career, Despina Stratigakos, UB professor of architecture and visual studies, had hoped the doll would be produced, but it never showed up on store shelves.
In 2010, after Architect Barbie lost a second election to Computer Engineer Barbie, Stratigakos teamed up with her colleague, architect Kelly Hayes McAlonie, interim director of UB's Capital Planning Group, to encourage Mattel to see the project through. Mattel was looking to highlight careers where women are underrepresented and "architect" seemed to be the right fit for the 2011 "I Can Be" doll line.
Mattel looked to Stratigakos and Hayes McAlonie to help design the doll, as it was important that Architect Barbie capture the spirit of an emerging generation of female designers and be something of which they could be proud.
The doll will be introduced to the public May 12-14 at the American Institute of Architects (AIA) national convention in New Orleans and will be on store shelves in August. The doll will also be presold on MattelShop.com starting in May.
Stratigakos is internationally recognized for her research on women in architecture. She is the author of the award-winning book, "A Women's Berlin" (University of Minnesota Press, 2008), which explores the conception of a city built by and for women. In 2007, she curated an exhibition of prototypes for Architect Barbie that focused attention on gendered stereotypes within the architectural profession.
Hayes McAlonie, president-elect for AIA New York State, began her career designing learning environments for children and later founded the AIA Western New York Architecture and Education Program, through which architects introduce schoolchildren to the world of design. She is a past president of AIA Buffalo/WNY and the biographer of the audacious and pioneering architect Louise Blanchard Bethune, a Buffalo native who, in 1885, became the first woman admitted to a professional architectural association.
"We hope Architect Barbie not only introduces young girls to the profession," says Stratigakos, "but that these girls shake things up once they get there. Although women comprise 40 percent of the students in architectural degree programs, they struggle to enter and remain in practice. We see this reflected in the membership of the American Institute of Architects, which is 83 percent male."
Hayes McAlonie says, "The career of architecture has been open to women for more than 125 years, and yet there is still gender disparity in the workplace, particularly in leadership roles."
Stratigakos suggests that "we need to tear down the ideological fence erected long ago by the profession, which defines insiders according to traits culturally coded as masculine."
"Traditionally," says Stratigakos, "the ideal architect possessed a will and body of steel, a heroic sense of individuality, creative genius that shunned cooperation and supreme authority over projects, employees and clients."
She points out that Howard Roark, the architectural hero of Ayn Rand's novel "The Fountainhead," embodied that ideal. The character was inspired by architect Frank Lloyd Wright, whom Rand greatly admired (and who famously designed a number of well-known buildings in Buffalo).
"It was such a strong iconic image," Stratigakos says, "that cultural critics warned women who wanted to become architects that their minds and bodies would mutate if they pursued their desire, transforming them into hermaphrodites."
Well, Architect Barbie doesn't aspire to be Howard Roark. Instead, she challenges the long-held assumption that architecture and femininity don't mix. In her world, you can be an architect and wear a dress.
As other cultural commentators have noted, when Barbie was first introduced in 1959, she was considered a rebel. She was unmarried, had no children, had her own career and beach house and lived a glamorous life very different from that imagined for women in mainstream postwar culture. It is this rebellious side -- her flair for doing her own thing -- that Stratigakos and McAlonie say they wanted to appropriate for Architect Barbie.
The doll has already found many online fans, which suggests how much architectural culture has started to change. Architecture blogs have been buzzing with discussions about how well her design represents women architects, whether she can help girls become designers, the fact that her accompanying Barbie Dream House is not certified by the Leadership in Energy and Environmental Design system and what being a woman in architecture means today.
"On the educational side of the issue," says Hayes McAlonie, "we hope that this project will make little girls more aware of the importance of design and the architectural profession. We also hope that this will encourage architectural education in grade schools. Architecture is a terrific vehicle for project-based learning that uses many aspects of the core curriculum in one project."
"Only open discussion about gender will help to knock down the barriers women face in architecture," says Stratigakos. "These may be less overt than they were in the past, but they remain an exclusionary force nonetheless. If Architect Barbie gets us talking, then more power to her."
The University at Buffalo is a premier research-intensive public university, a flagship institution in the State University of New York system and its largest and most comprehensive campus. UB's more than 28,000 students pursue their academic interests through more than 300 undergraduate, graduate and professional degree programs. Founded in 1846, the University at Buffalo is a member of the Association of American Universities.
Patricia Donovan has retired from University Communications. To contact UB's media relations staff, call 716-645-6969 or visit our list of current university media contacts. Sorry for the inconvenience.


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1. Internationally Focused Faculty Hires. Dean Slaughter's top priority has been rebuilding the international relations component of the Woodrow Wilson School 's curriculum. She has appointed several new faculty members specializing in international affairs, including Thomas Christensen (specializing in Chinese and East Asian foreign policy); John Ikenberry (specializing in international relations theory and American foreign policy); Helen Milner (specializing in trade policy and globalization issues); and Robert Keohane (specializes in international relations).
2. Public Policy Practitioners. Dean Slaughter has offered public policy practitioners multi-year lecturer appointments to teach at the School. Practitioners teaching at the School include Mickey Edwards (former U.S. congressman); Anthony Shorris (former New York City Commissioner of Finance and Port Authority Deputy Director); Robert Hutchings (former Director for European Affairs of the National Security Council and Special Advisor with rank of Ambassador to the Secretary of State); and Fred Hitz (former CIA Inspector-General).
3. Diplomat-in-Residence Program. This program brings an ambassador-level career U.S. diplomat to the School each year to teach courses on international security and diplomacy, and to provide career counseling to students interested in working for the State Department. The first year's appointee was Edmund Hull, former U.S. Ambassador to Yemen.
4. Policy Outreach Initiatives. Dean Slaughter has inaugurated a number of programs designed to give Woodrow Wilson School students and faculty the opportunity to work directly with Washington policymakers, and to translate the School's research activities into actual policy initiatives.
- Princeton Project on National Security Strategy. The School has received a grant from the Ford Foundation to fund a multi-year research program on elements of a new long-term strategy for the United States in the post-post Cold War era.
- Office of Government Affairs. Through Princeton's Washington-based Office of Government Affairs, the Woodrow Wilson School disseminates policy briefs based on faculty research to members of Congress and their staffs. The Office also works with the School to schedule legislative briefings on Capitol Hill based on faculty research.
- Brookings Institution Partnership. The School has entered into a teaching, research and outreach partnership with the Brookings Institution, a leading Washington-based think tank. Under the partnership, the School is able to use the Brookings distribution network for reports and articles produced by student workshops and faculty members.
5. Placement of Graduates in Federal Government Positions. Dean Slaughter has initiated a number of programs designed to place more Woodrow Wilson School graduates in federal government service.
- Presidential Management Fellows. The Presidential Management Fellows (PMF) program is a primary gateway for graduating MPA students to take jobs in the federal government. In the past year, Dean Slaughter has convinced the program to remove its applications cap, which previously allowed only 10 percent of the graduating class to apply for the program. Every Woodrow Wilson School MPA graduate can now apply for a federal government position through the program. This year the School nominated 30 second-year MPA students for the program and 23 were selected as semi-finalists. Two of the 23 have taken other jobs and the remaining 21 will be participating in the program's interview process.
6. The Daniel S. Abraham Professor of Middle East Policy Studies. In November 2005, t he Woodrow Wilson School announced that Ambassador Daniel Kurtzer, former U.S. ambassador to Israel and Egypt, had been appointed as the first S. Daniel Abraham Visiting Professor in Middle East Policy Studies, expanding the School's expertise in this important area. In addition to teaching, Ambassador Kurtzer will work with the School's Office of Graduate Career Services to provide career counseling, and to bring together at Princeton officials from the Middle East and the United States to develop strategies for resolving the Arab-Israeli conflict.


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Brass Pipe Fittings
Product Details
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Light Antique Brass with Smoke Smooth Glass
Light Antique Brass with Smoke Smooth Glass
Dark Antique Brass with Clear Crackled Glass
Oil Rubbed Bronze with Smoke Smooth Glass
London Lantern
Table Lamp
Prices available for Trade Only registered clients
Pricing shown is for reference only on a standard fixture. Please request a formal quote below. Customization, if available is an additional charge.
UL Listing is upon request and additional.
Just select your desired finishes below and then request a quote.
Tearsheet: London Lantern
Finish Chart: Metal
Finish Chart: Glass Shades
Product Specifications
Height: approx. 8" (20.3 cm)
Base: 1/2" H x 8" Sq. (1.3 h x 20.3 Sq.)
Shade: 7 ½ " H x approx 7" Sq. (19.0 H x 17.8 Sq.)
Wiring: 1 Medium-base socket with in-line hi/lo switch, 60-Watt Max.
Recommended bulb: Clear or White G25
Cord length: 96" (243.84 cm) provided.
Please specify at time of purchase for additional length (upcharge)