text:
Robocops Come to
by Mike Ferner
September 28, 2009
No longer the stuff of disturbing futuristic fantasies,
an arsenal of "crowd control munitions," including one
that reportedly made its debut in the
deployed with a massive, overpowering police presence
Nearly 200 arrests were made and civil liberties groups
charged the many thousands of police (most transported
on Port Authority buses displaying "
THE WORLD"), from as far away as
with overreactingand they had plenty of weaponry with
which to do it.
Bean bags fired from shotguns, CS (tear) gas, OC
(Oleoresin Capsicum) spray, flash-bang grenades, batons
and, according to local news reports, for the first
time on the streets of
Mounted in the turret of an Armored Personnel Carrier
(APC), I saw the LRAD in action twice in the area of
25th, Penn and
noise like a high-pitched police siren on steroids, it
quickly swept streets and sidewalks of pedestrians,
merchants and journalists and drove residents into
their homes, but in neither case were any demonstrators
present. The APC, oversized and sinister for a city
street, together with lines of police in full riot gear
looking like darkly threatening Michelin Men, made for
a scene out of a movie you didn't want to be in.
As intimidating as this massive show of armed force and
technology was, the good burghers of
their fellow citizens in the Land of the Brave and Home
of the Free ain't seen nothin yet. Tear gas and
pepper spray are nothing to sniff at and, indeed, have
proven fatal a surprising number of times, but they
have now become the old standbys compared to the list
below thats already at or coming soon to a police
station or National Guard headquarters near you.
Proving that "what goes around, comes around," some of
the new Property Protection Devices were developed by a
network of federally-funded, university-based research
institutes like one in
Institute for Non-Lethal Defense Technologies.
· Raytheon Corp.'s Active Denial System, designed for
crowd control in combat zones, uses an energy beam to
induce an intolerable heating sensation, like a hot
iron placed on the skin. It is effective beyond the
range of small arms, in excess of 400 meters. Company
officials have been advised they could expand the
market by selling a smaller, tripod-mounted version for
police forces.
· M5 Modular Crowd Control Munition, with a range of
30 meters "is similar in operation to a claymore mine,
but it delivers...a strong, nonpenetrating blow to the
body with multiple sub-munitions (600 rubber balls)."
powerful megaphone the size of a satellite dish that
can emit sound "50 times greater than the human
threshold for pain" at close range, causing permanent
hearing damage. The
in Arabic and, on command, emit a piercing
tone..."[For] most people, even if they plug their
ears, [the device] will produce the equivalent of an
instant migraine," says Woody Norris, chairman of
American Technology Corp., the
produces the weapon. "It will knock [some people] on
their knees." CBS News reported in 2005 that the
Israeli Army first used the device in the field to
break up a protest against
"Protesters covered their ears and grabbed their heads,
overcome by dizziness and nausea, after the
vehicle-mounted device began sending out bursts of
audible, but not loud, sound at intervals of about 10
seconds...A military official said the device emits a
special frequency that targets the inner ear."
· In "Non-lethal Technologies: An Overview," Lewer
and Davison describe a lengthy catalog of new weaponry
including the "Directed Stick Radiator," a hand-held
system based on the same technology as The Scream. "It
fires high intensity sonic bullets' or pulses of sound
between 125-150db for a second or two. Such a weapon
could, when fully developed, have the capacity to knock
people off their feet."
· The
Sound and Light Array Debilitator" a.k.a. the "puke
ray." The colors and rhythm of light are absorbed by
the retina and disorient the brain, blinding the victim
for several seconds. In conjunction with disturbing
sounds it can make the person stumble or feel
nauseated. Foreign Policy in Focus reports that the
Department of Homeland Security, with $1 million
invested for testing the device, hopes to see it "in
the hands of thousands of policemen, border agents and
National Guardsmen" by 2010.
· Spider silk is cited in the University of
#4 (pg. 20) as an up-and-comer. A research
collaboration between the
and the
silk as a non-lethal "entanglement" material for
disabling people. They have developed a method for
producing recombinant spider silk protein using E. coli
and are trying to develop methods to produce large
quantities of these fibres."
· New Scientist reports that the (I'm not making this
up) Inertial Capacitive Incapacitator (ICI), developed
by the Physical Optics Corporation of
during manufacture that only discharges when it strikes
the target. It can be incorporated into a ring-shaped
aerofoil and fired from a standard grenade launcher at
low velocity, while still maintaining a flat trajectory
for maximum accuracy.
· Aiming beyond Tasers, the Homeland Security
Advanced Research Projects Agency, (FY 2009 budget:
$1B) the domestic equivalent of the Defense Advanced
Research Projects Agency (DARPA), plans to develop
wireless weapons effective over greater distances, such
as in an auditorium or sports stadium, or on a city
street. One such device, the Piezer, uses
piezoelectric crystals that produce voltage when they
are compressed. A 12-gauge shotgun fires the crystals,
stunning the target with an electric shock on impact.
Lynntech of College Station, Texas, is developing a
projectile Taser that can be fired from a shotgun or
40-mm grenade launcher to increase greatly the weapon's
current range of seven meters.
· "Off the Rocker and On the Floor: Continued
Development of Biochemical Incapacitating Weapons," a
report by the
revealed that in 1992, the National Institute of
Justice contracted with
to review clinical anesthetics for use by special ops
military forces and police. LLNL concluded the best
option was an opioid, like fentanyl, effective at very
low doses compared to morphine. Combined with a patch
soaked in DMSO (dimethylsufoxide, a solvent) and fired
from an air rifle, fentanyl could be delivered to the
skin even through light clothing. Another recommended
application for the drug was mixed with fine powder and
dispersed as smoke.
· After upgrades, the infamous "Puff the Magic
Dragon" gunship from the Vietnam War is now the AC-130.
"Non-Lethal Weaponry: Applications to AC-130 Gunships,"
observes that "With the increasing involvement of US
military in operations other than war..." the AC-130
"would provide commanders a full range of non-lethal
weaponry from an airborne platform which was not
previously available to them." The paper concludes in
part that "As the use of non-lethal weapons increases
and it becomes valid and acceptable, more options will
become available."
· Prozac and Zoloft are two of over 100
pharmaceuticals identified by the
Medicine and the university's Applied Research Lab for
further study as "non-lethal calmatives." These
Selective Serotonin Reuptake Inhibitors (SSRIs), noted
effective for numerous behavioral disturbances
encountered in situations where a deployment of a
non-lethal technique must be considered. This class of
pharmaceutical agents also continues to be under
intense development by the pharmaceutical
industry...New compounds under development (WO
09500194) are being designed with a faster onset of
action. Drug development is continuing at a rapid rate
in this area due to the large market for the treatment
of depression (15 million individuals in North
identified in the near future that will feature a rapid
rate of onset."
of police and weaponry, intended for "security" of the
G20 delegates, simultaneously shut workers out of
downtown jobs for two days, forced gasping students and
residents back into their dormitories and homes, and
turned journalists' press passes into quaint, obsolete
reminders of a bygone time.
Most significant of all, however, was what Witold
Walczak, legal director of the Pennsylvania ACLU, told
the Associated Press: "It's not just intimidation, it's
disruption and in some cases outright prevention of
peaceful protesters being able to get their message out."
Mike Ferner is a writer from
Veterans For Peace
Subscribe: portside.org/subscribe


text:
Many of our elected officials are using widespread ignorance and fear of guns and the fallout of immorality in the form of crime to help accomplish a disenfranchisement of the Second Amendment piecemeal. They tout their proposals as measures to prevent crime or capture criminals, while completely ignoring the rights of victims and the average citizen.
A prime current example is the widespread spate of ammunition identification bills, proposed at the state level, all of which are very similar to the 2005/6 California legislature ammunition serialization bill, AB 352.
AB 352 was passed by both houses of the California legislature, but died in conference on November 30, 2006. Similar bills are now spreading across the nation for review under the new more liberal 2009 array of state legislators.
California was a close call. The good news is that even though ammunition serialization resolutions were introduced in five states in 2007 and 18 states in 2008, not a single resolution passed in any state. The bad news is that many state legislatures have become much more gun-control-friendly in the aftermath of the 2008 elections. These same ammunition serialization bills may not be defeated or allowed to die during this 2009/10 legislative cycle, as was the case in the past.
The ammunition serialization campaign is being organized by Ammunition Accountability, a lobbying arm of Ammunition Coding System, which has been working with state legislatures to get bills passed to mandate ammunition serialization on a state-by-state basis. There is a neon fox in the henhouse.
It happens that Ammunition Coding System would profit handsomely from such mandatory serialization. Although Russ Ford of Ammunition Coding System claimed vigorously during an interview on NRANews.com (posted on January 25, 2008) that his company was striving for complete transparency in its activities, as of January 19, 2009, there is still no link from the Ammunition Accountability website to the Ammunition Coding System website, and no link back the other way either.
Ammunition serialization amounts to individual markings stamped on the ammunition, both on the projectile and on the shell in which the projectile and propellant is encased. Viewing the 43-minute Russ Ford Ammunition Coding System video on this page at the NRANews.com site is very revealing. (Scroll to bottom of the linked page to see the video.)
To provide just a little taste of just how bad this ammunition serialization would be for gun owners, consider this excerpt from the online NRA webpage, "Encoded Ammunition"/Bullet Serialization," which was posted on January 15, 2008:
Reasons to Strenuously Oppose This Legislation
People would be required to forfeit all personally-owned non-encoded ammunition. After a certain date, it would be illegal to possess non-encoded ammunition. Gun owners possess hundreds of millions of rounds of ammunition for target shooting, hunting and personal protection. Consider that American manufacturers produce 8 billion rounds each year.
Reloading (re-using cartridge cases multiple times) would be abolished. There would be no way to correspond serial numbers on cartridge cases, and different sets and quantities of bullets.
People would be required to separately register every box of "encoded ammunition." This information would be supplied to the police. Most states do not even require registration of guns. Each box of ammunition would have a unique serial number, thus a separate registration.
Private citizens would have to maintain records, if they sold ammunition to anyone, including family members or friends.
The cost of ammunition would soar, for police and private citizens alike. The Sporting Arms and Ammunition Manufacturing Institute estimates it would take three weeks to produce ammunition currently produced in a single day. For reason of cost, manufacturers would produce only ultra-expensive encoded ammunition, which police would have to buy, just like everyone else.

subset: commoncrawl


text:
- From: Michel_Dumontier <email@example.com>
- Date: Mon, 13 Dec 2010 15:05:05 -0500
[Apologies for cross posting] ===================================== CALL FOR PAPERS OWLED 2011 OWL: Experiences and Directions The Eighth International Workshop June 5-6, San Francisco, California, USA http://www.webont.org/owled/2011/ Co-located with 2011 Semantic Technology Conference (SemTech 2011) http://semtech2011.semanticweb.com/ ======================================= The adoption of the W3C OWL Web Ontology Language in real-world applications continues to grow as the research and tools for OWL mature. The new version, OWL 2, has been a positive factor in this direction. As the experience in using OWL in different applications and domains increases, the strengths and weaknesses of the language are discovered, resulting in new research and development that further extends its reach. The OWL: Experiences and Directions (OWLED) workshop series aims to bring users, developers and researchers from academia and industry together to describe applications of OWL, to share experience, and to discuss extensions to the language for satisfying further application requirements. The workshop will allow the OWL community to set an agenda for research and deployment in order to incorporate OWL-based technologies into new applications. This year the OWLED workshop will be held June 5-6 in San Francisco, California and be co-located with the 2011 Semantic Technology Conference (SemTech). As usual, the OWLED workshop will try to encourage participants to work together and will give space for discussions on various topics to be decided and published at some point in the future. Tutorials on OWL 2 and related technologies will be organized for the larger SemTech community. There will also be formal presentation of submissions to the workshop. More information on the workshop is forthcoming. For more information or to offer sponsorship, please send us a note at email@example.com Important dates --------------- January 10, 2011 Tutorial/demo proposals due February 28, 2011 Titles and abstract due March 7, 2011 Paper submissions due April 14, 2011 Notifications of acceptance May 14, 2011 Final versions of papers due June 5-6, 2011 OWLED 2011 workshop Topics ------- Papers about all aspects of OWL and extensions, applications, theory, methods and tools, are welcome at the workshop; including but not limited to the following topics: - Application-driven requirements for OWL - Applications of OWL, particularly * from industry or * for data integration * for service interoperability * for sophisticated/non-obvious inference * for knowledge discovery - Experience reports on using OWL, OWL 2 and its profiles - OWL ontologies, particularly if highly expressive or large scale - Implementation techniques for OWL and related languages - OWL based information systems - Query answering with OWL - Performance and scalability experiences - Bridges between knowledge engineering and OWL - Non-standard inference services, including: * explanations * static verification * modularity - Tools for OWL, including: * collaborative editing and versioning * parsers and syntax checkers * high performance reasoners * visualization tools - Extensions to OWL, including: * extended constructors for datatypes, properties or classes * constraints, rules * non-monotonic, probabilistic or fuzzy extensions * temporal and spatial extensions Submissions ----------- - Tutorials We invite proposals (maximum 4 pages) for 90 minute tutorials that cover basic, intermediate and advanced OWL-related topics of interest to the OWLED and SemTech communities. Proposals should provide the title, intended audience, skills developed, motivation, objectives, detailed outline, instructor biography and prior tutorial/teaching experience. - Application Track Application papers (maximum 4 pages; LNCS style) may present novel practical approaches in using OWL, or may employ scientific methods (qualitative and/or quantitative) to understand in greater detail the application of OWL in real-world systems. - Research Track Research papers (maximum 10 pages; LNCS style) should clearly describe original, significant research pertaining to OWL. - Statement of Interest A statement of interest (maximum 4 pages; LNCS style) can be about ideas, solutions, methods, products, research projects or implementation experience pertaining to OWL. Organization ------------ General Chair: Melanie Courtot, British Columbia Cancer Research Centre (Canada) Program Chair: Michel Dumontier, Carleton University (Canada) Program Committee: * Jie Bao, RPI (USA) * Mike Bergman, Structured Dynamics LLC (Canada) * Kendall Clark, Clark and Parsia (USA) * Bernardo Cuenca-Grau, Oxford University (UK) * Achille Fokoue, IBM * John Goodwin, Ordnance Survey (UK) * Janna Hastings, EBI (UK) * Pascal Hitzler, Wright State University (USA) * Martin Hepp, Universität der Bundeswehr München (Germany) * Robert Hoehndorf, University of Cambridge (UK) * Rinke Hoekstra, Leibniz Center for Law of the University of Amsterdam (Netherlands) * Matthew Horridge, University of Manchester (UK) * Markus Kroetzsch, Oxford University (UK) * Joanne Luciano, RPI (USA) * Carsten Lutz, University of Bremen (Germany) * James Malone, EMBL/EBI (UK) * Ralf Moeller, Hamburg University of Technology (Germany) * Chris Mungall, Lawrence Berkeley National Laboratory (USA) * Bijan Parsia, Manchester University (UK) * Hector Perez-Urbina, Clark & Parsia (USA) * Peter Patel-Schneider, Bell Labs (USA) * Bjoern Peters, La Jolla Institute for Allergy and Immunology (USA) * Alexandre Riazanov, UNB (Canada) * Sebastian Rudolph, KIT/AIFB Karlsruhe (Germany) * Alan Ruttenberg, University of Buffalo (USA) * Matthias Samwald, DERI (Ireland) * Uli Sattler, University of Manchester (UK) * Michael Schneider, FZI (Germany) * Thomas Schneider, Universität des Saarlandes (GermanY) * Steffen Staab, University of Koblenz-Landau (Germany) * Zhe Wu, Oracle (USA) * Antoine Zimmermann, DERI (Ireland) Steering Committee: * Kendall Clark, Clark & Parsia (USA) * Melanie Courtot, Terry Fox Laboratory (CA) * Michel Dumontier, Carleton University (CA) * Rinke Hoekstra, Vrije Universiteit Amsterdam (NL) * Alan Ruttenberg, University at Buffalo (USA) * Uli Sattler, University of Manchester (UK) * Michael Schneider, FZI Research Center for Information Technology (DE)
Received on Monday, 13 December 2010 20:06:42 UTC


text:
Readers of XKCD may already be familiar with "Every Major's Terrible," Randall Munroe's cynical ode to undergraduate indecision, but there's a good chance you've never seen or heard it performed by an actual person – let alone an entire chorus. That's where the Simon Fraser University Choir comes in.
For those who've never seen it, here's the original strip:


text:
And Trisha from Glass Slippers is dreaming of a vintage Christmas with her wonderful vintage ornaments and Christmas decor. Love this little vignette with a great scale and bottle brush trees!
Wednesday, December 5, 2012
Top Three from Vintage Inspiration
And Trisha from Glass Slippers is dreaming of a vintage Christmas with her wonderful vintage ornaments and Christmas decor. Love this little vignette with a great scale and bottle brush trees!
13 comments:
Thank you so much for featuring me this week! You have no idea how much it means to me!!! :)ReplyDelete
Great top three!! Always enjoy seeing these again!ReplyDelete
These are very pretty!ReplyDelete
Perfect picks! Have a blessed evening dear Debra, HUGS!ReplyDelete
This comment has been removed by the author.ReplyDelete
This comment has been removed by the author.ReplyDelete
It's fun to see the top 3! Are you noticing any kind of a trend as to what people tend to click on the most? It would be interesting to see if crafts or room reveals or furniture makeovers, etc get the most hits. And maybe there isn't a trend. Just thinking out loud here. :)ReplyDelete
Oh Debra, thank you so much for featuring my post in your top three... it is truly an honor coming from you!... I love your vintage parties so very much and look forward to all of the wonderful posts each week... I especially love the diversity in blogland... we may not all decorate the same... but we are all alike in our love of sharing special objects, people or events in our lives... and I love seeing it all!... by the way... I did not buy another tree... but I did display my ornaments!... I am simplifying a little... starting with my thoughts... getting rid of any old negative feelings or hurts... I think that counts as simplifying ones life...maybe I don't necessarily have to part with any of the things I love to say I am simplifying... sooo... that's my story and I'm stickin' to it!... love you!... xoxo Julie MarieReplyDelete
What wonderful features. I always visit all those girls! xo DianaReplyDelete
Had to come by and see the top three...worth it!ReplyDelete
Wonderful top three!!ReplyDelete
- AnonymousDecember 6, 2012 at 4:16 AM
Debra thanks so much for featuring my post.ReplyDelete
Love all three :)ReplyDelete
I love hearing from you. Feel free to comment, big or small. Be sure and leave your name and blog if commenting under anonymous. Thanks friends


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LABRIE, JACQUES, journalist, physician, militia officer, educator, author, and politician; b. 4 Jan. 1784 in Saint-Charles, near Quebec, son of Jacques Nau, dit Labry, a farmer, and Marie-Louise Brousseau; d. 26 Oct. 1831 in Saint-Eustache, Lower Canada.
Like many of his generation, Jacques Labrie received an elementary education through the endeavours of the parish priest in his village. At 14 he entered the Petit Séminaire de Québec, where he proved a brilliant student. Having received his baccalauréat in 1804, he chose to prepare for a medical career and from 1804 to 1807 studied under François Blanchet, one of the eminent doctors of the period. After this apprenticeship he completed his medical training with a year in Edinburgh.
While studying medicine, Labrie had also begun a career as a journalist. In the autumn of 1806 he was editor of the bi-weekly Le Courier de Québec, founded by Pierre-Amable De Bonne*. This newspaper had set out to defend the interests of the Canadians. It nevertheless denounced the Canadian party and its paper, Le Canadien. Le Courier de Québec reported political and literary news, both local and foreign, as well as research findings on the history of Canada. Labrie was the author of most of the articles. By this time he was an admirer of the British constitution and English liberalism, and he constantly flayed the despotism of the former French governors and France's neglect of her colony. Above all, Labrie demonstrated an uncommon interest in his country's past.
After Le Courier de Québec ceased publication in December 1808, Labrie devoted himself solely to the medical profession. He practised for some months in Montreal and then established his office in Saint-Eustache, where on 12 June 1809 he married Marie-Marguerite Gagnier, daughter of Pierre-Rémi Gagnier, the local notary. They had nine children but only three reached adulthood. During the War of 1812 he became surgeon to the 2nd Battalion of the Select Embodied Militia of Lower Canada.
In addition to professional activities, Labrie gave much of his energy to the cause of education. In 1821 he founded two schools in his parish, one for girls and the other for boys. Although he ran both, he clearly preferred the girls' establishment, which his eldest daughter, Zéphirine, attended, and he became its principal teacher. Labrie wrote history and geography manuals, and the school also gave courses in French, English, and mathematics. Built on a pleasant site at the junction of the Du Chêne and Des Mille Îles rivers, it had an excellent reputation but was obliged to close in 1828 because of a lack of funds. Labrie had supported it with his own money throughout its existence.
A devotee of the history of Lower Canada, an observer of its society, and a defender of the Canadians' rights, Labrie entered politics in 1827. In June he served as secretary for a general meeting held at Saint-Eustache. At that time he announced his intention of running for the House of Assembly in the constituency of York. He also severely criticized the administration of Governor Lord Dalhousie [Ramsay*] and his clique. In the elections held that summer one of Labrie's opponents was none other than Nicolas-Eustache Lambert Dumont, seigneur of Mille Îles, who was one of the members for York. The riding was hotly contested: voters had to force their way to the polling station. Labrie was elected along with Jean-Baptiste Lefebvre, and their opponents, Lambert-Dumont and John Simpson*, had to relinquish their seats.
In the autumn Labrie was busy persuading his compatriots to sign a petition that would be sent to London in 1828 with Denis-Benjamin Viger*, Augustin Cuvillier*, and John Neilson*. Labrie gave a particularly convincing speech at a meeting held in Vaudreuil on 27 Dec. 1827. The address, which was reported in La Minerve of 7 Jan. 1828, revealed that he still had confidence in British institutions; if the constitution of Lower Canada was being violated, then Dalhousie and his creatures on the Legislative Council were to blame. Historian Michel Bibaud* ranks this speech as one of the most inflammatory pieces of oratory in the years before the rebellion.
In the House of Assembly Labrie devoted his efforts to promoting the cause of education and the medical profession in Lower Canada. He was appointed to the medical board of examiners for the district of Montreal in 1831. In the autumn of that year he made a tour to inspect the schools in his riding. Fatigued by his travels, he came down with the pneumonia that was to prove fatal. On 26 October, feeling dangerously ill, he summoned his friend the notary Jean-Joseph Girouard* and indicated his intention of making a written declaration. Labrie delegated to Augustin-Norbert Morin*, a member of the assembly and a writer for the Patriote party, the task of completing a manuscript on the history of Canada which was his life's work. He then passed away at his home in Saint-Eustache.
Morin proved equal to the mission that his friend Labrie had entrusted to him. He studied the manuscript carefully, corrected it, and in November presented the house with a request for publication of the work, which was to comprise three or four volumes, each about 500 pages long. Labrie had commenced with the beginnings of New France and ended with the main events of the War of 1812. A house committee agreed to Morin's request, but the Legislative Council refused to publish the manuscript, citing the author's lack of objectivity. The councillors would consent only to buy it and deposit it with the Literary and Historical Society of Quebec. The assembly, however, refused to go along with the council's wish and decided to wait for better days to publish the work. In the mean time Morin deposited it in the library of his friend, the notary Girouard, in Saint-Benoit. There Labrie's history of Canada was destroyed by fire in 1837.
The value of Labrie's manuscript will never be known, but the author should surely be acclaimed as one of the great historians of French Canada. He was intensely interested in its history at a time when the subject was not even on the curriculum in the secondary schools. At that time the curious still had to turn to the work of Pierre-François-Xavier de Charlevoix*, who ended his account with the year 1731. Thus for the period from 1731 to 1812, Labrie was a pioneer. His correspondence with Jacques Viger* shows that he used original sources and carried his desire for accuracy to great lengths.
What attitude Labrie would have adopted in the rebellion of 1837–38 is an open question; he was an ardent supporter of Louis-Joseph Papineau* and father-in-law of Patriote leader Jean-Olivier Chénier*, who had married Zéphirine in 1831. It is certain that he remains one of the most illustrious representatives of the Patriote generation. Above all, he was passionately fond of the history of his land and dedicated all his leisure to it, a history that – symbolically – perished in the fire at Saint-Benoît.
Jacques Labrie is the author of Les premiers rudimens de la constitution britannique; traduits de l'anglais de M. Brooke; précédés d'un précis historique, et suivis d'observations sur la constitution du Bas-Canada, pour en donner l'histoire et en indiquer les principaux vices, avec un aperçu de quelques-uns des moyens probables d'y remédier; ouvrage utile à routes sortes de personnel et principalement destiné à l'instruction politique de la jeunesse canadienne (Montréal, 1827).
ANQ-M, CE6-11, 12 juin 1809, 29 oct. 1831; P1000-32-774; P1000-45-889. Le Canadien, 7 janv. 1832. La Minerve, 7 janv. 1828. Quebec Gazette, 14 June 1827. M.-J. et G. Ahern, Notes pour l'hist. de la médecine. Béatrice Chassé, "Le notaire Girouard, patriote et rebelle" (thèse de d. ès l., univ. Laval, Québec, 1974). A. [-H.] Gosselin, Un bon patriote d'autrefois, le docteur Labrie (3e éd., Québec, 1907). L.-J. Rodrigue, "Messire Jacques Paquin, curé de Saint-Eustache de la Rivière-du-Chêne (1821–1847)," CCHA Rapport, 31 (1964): 73–83.
© 1987–2023 University of Toronto/Université Laval
Cite This Article
Béatrice Chassé, "LABRIE, JACQUES," in Dictionary of Canadian Biography, vol. 6, University of Toronto/Université Laval, 2003–, accessed October 1, 2023, http://www.biographi.ca/en/bio/labrie_jacques_6E.html.
The citation above shows the format for footnotes and endnotes according to the Chicago manual of style (16th edition). Information to be used in other citation formats:
|Author of Article:
|Béatrice Chassé
|Title of Article:
|Publication Name:
|Dictionary of Canadian Biography, vol. 6
|University of Toronto/Université Laval
|Year of publication:
|Year of revision:
|Access Date:
|October 1, 2023


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Need Bees Removed?
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How to get ESP
July 21, 2007, 02:31:44 am »
Extra Sensory Perception, yes it's real. Everyone has it in fact but it's only evident in people with an Average or Above Average IQ, and on the flip side, people with odd mental disabilities (I forget which ones so I'll leave it at that). These people tent to have great memories, or at least a different way of thinking. In a nut shell, they just have better short term memory.
Other types of people who tend to have ESP are those who have been dead. Literally these people were in some sort of accident and pronounced dead... only to be revived by a doctor shortly afterward. These people get it good and many become ultra sensitive to everyone in the room around them. Simply touching people can reveal their future, though this does go away after a few weeks. I'm NOT saying jump in front of a car and you'll get ESP and you are an idiot to try getting it in this way. Furthermore, people who tend to get head injuries of any kind are way more likely to get Alzheimer's later in life.
Lastly people who live near heavy traffic areas, railways, and airports tend to get it too.
So how this works is, at night you usually dream the important events of your life. I don't know why, people just do. The trouble is when you are asleep, the parts of your brain that deal with long term memory are shut down. So you only have short term memory to go on and that's lasts a good 10 minutes or less after you wake up. So the idea here is to write down your dreams as soon as you wake up from them. The trouble here is dreams are about 20 minutes long and occur in REM sleep, which is every 90 minutes. So you actually have 4 or 6 dreams a night depending on how much sleep you're getting. There are methods to remember your dreams better such as focusing on remembering them before you go to bed. But it's far easier to set you alarm for 90 minutes ahead of time (give or take) so you wake up in the middle of the dream.
Understand though that there are 3 types of dreams. They are Planned, Lucid, and ESP.
Planned Dreams are when you dream about something you happen to be doing or watching within an hour of going to bed. This is why you have dreams of aliens after watching the X-Files before bed. You can use this to your advantage as you like. It's also why focusing on remembering your dreams before bed helps out.
Lucid Dreams are when you realize you are dreaming and start going with it. You can do anything you want because you are master of your own universe. Google Lucid Dreaming to find a whole society of people who do that constantly. You are asleep a third of your life so you might as well make the most of it. They also know better methods of remembering dreams and so on.
ESP Dreams along with showing you the events to come can also be used as learning tools. Combine with the other two types of dreams you can suddenly learn things such as the finer points of mountain climbing.
You may notice you don't understand your dreams at all. Dreams mostly lack logic as those parts of your brain that deal with it are shut down when sleeping. So what you're actually seeing is blatant content and hidden content. Seeing someone catch a crab can either be someone catching a crab, or you actually wishing they get Cancer and DIE! The zodiac sign for cancer is a crab. Writing your dreams down and drawing them as you saw them will help decode the messages. Things in color and in better focus tend to be more important while black and white images out of focus have less. Also throw away all Dream Dictionaries or books claiming to decode dreams. Dreams are made by your subconscious and meaning are unique to each person.
Scary things that support the existance of ESP.
Assuming ESP works the way I've written it out, it suggests that all humans have a collective consciousness. There are studies that support this.
Major disasters such as an Air Place crashing is a scary even that no one can predict... or can you? Strangely enough flights that crash have a higher rate of random people not showing up, arriving late, or changing their flight for odd reasons. This is in comparison to flights to the same location under similar conditions. The movie Final Destination is based on this study, of course Hollywood exaggerated the hell out of it by adding DEATH himself as the ultimate bad guy. When some of these people are tracked down they give some of the oddest reasons ever for missing their flight. "I had to get a cheese burger form down the road," "We felt like driving around the neighborhood for two hours," "My daughter wouldn't let me out the door."
Another odd study had people isolated in barren hotel rooms. None of them had any contact with the outside world or each other. It was almost complete isolation except for being fed and so on. They probably slept for most of the study in the end as there were no forms of entertainment around. At random each day one group was given a crossword puzzle from an English newspaper, supposedly the hardest in the world. The people who did the puzzle on Day 2 tended to finish faster then those on Day 1 (of people who they have equal IQ's with). Likewise the Day 3's beat the Day 2's and so on.
And it's not just humans, Laboratory mice made to run identical looking mazes on different days had the exact same results. Different Mice isolated form each other were selected at random to run the same maze design on different days. Mice that went later in the week tended to automatically know where the cheese was.
"Native Plants for Honeybees"
Field Bee
Posts: 598
Re: How to get ESP
Reply #1 on:
July 21, 2007, 03:57:31 am »
When I was student I developed ESP. I could "feel" the questions any hours before to do the exam. I only had to review a few answers, and could get better grades.
People can call luck or chance to the ESP, but really ESP is in the unconscious and can help enough.
Field Bee
Posts: 598
Re: How to get ESP
Reply #2 on:
July 21, 2007, 04:01:13 am »
By the way, I have not been dead, and I have not an average IQ. But I drink enough beer and during the summer sleep the "siesta".
Field Bee
Posts: 716
Re: How to get ESP
Reply #3 on:
July 21, 2007, 02:47:47 pm »
Perhaps you are simply smarter than you think you are. IQ tests are designed differently for each area of the world. People who live in the city won't know how to live in a tribe or heavily forested area, for example.
When awake it feels more like Deja Vu.
"Native Plants for Honeybees"
Field Bee
Posts: 598
Re: How to get ESP
Reply #4 on:
July 22, 2007, 05:11:23 am »
There is a book, the Alchemist, written by the Brazilian Paulo Coelho, very nice. Short, clear, and reflexive. About dreams, feelings, and mental power.
As said Ruben DarÃo, the poet:
La virtud está en ser tranquilo y fuerte,
Con el fuego interior todo se abrasa,
Se triunfa del dolor y de la muerte.
My libérrima traduction:
Virtue is in the calm, in your power
Your internal fire burnt everything
Triumph over the confusion
I forgot to say that this is the way to obtein ESP
Galactic Bee
Posts: 4641
Re: How to get ESP
Reply #5 on:
August 05, 2007, 11:25:30 am »
Yeah there is ESP. When my sister in law was living with her parents she was dialing 976 psychic numbers. When the phone bill came in the parents flipped. I made the psychic prediction that someone was in a lot of trouble and didn't charge them 9.95 a minute for my gift.
The status is not quo. The world is a mess and I just need to rule it.
Dr. Horrible
House Bee
Posts: 345
Re: How to get ESP
Reply #6 on:
August 07, 2007, 03:23:36 pm »
I suspect we are born with more "senses" that we use. Children see things and hear things. The adults tell them it isn't there, or that it isn't real. And in time we teach them to ignore what is happening around them.
Know anyone who lives near a railroad or airport? Ever wonder how they stand the noise? The same principle applies, they have learned to ignore it.
People who don't believe in ghosts seldom see ghosts. Those who do believe see "shadows", or shades as they were once called, all the time.
There have been tests on remote viewing where common people learned to see beyond their normal sight. For too many generations those who stretched their abilities were ostracized, or ridiculed. Is it any wonder we are so limited?
I was born about 100 years too early, or to late.
Field Bee
Posts: 512
Little honey bee in flight
Re: How to get ESP
Reply #7 on:
August 10, 2007, 11:25:03 am »
I know when I was younger I would have several Dejavue episodes a day. When i moved To Ohio, it all stopped.
"I have never wished to cater to the crowd, for what I know they do not approve, and what they approve I do not know." - Epicurus.
Super Bee
Posts: 1502
tougher than rock
Re: How to get ESP
Reply #8 on:
August 12, 2007, 06:09:49 pm »
aham...so ESP is the explanation for Deja Vu. Had quite a few dejavu's in my life BUT. in one moment, i realise i've seen this before, and i tell myself what's gonna happen next (as i've been throu it, obviusly) but it NEVER worked out as "planned". i had maybe 2 dozens of this occasions, always the same.
also had a lucid dream or two, just can't understand why they happen in the morning (minutes prior to waking) so i always ummm "wake" the best part!!!
really got me interested.. but the problem is, all this interesting stuff calls for high self-discipline or meditation of some kind.
Field Bee
Posts: 716
Re: How to get ESP
Reply #9 on:
August 12, 2007, 06:33:59 pm »
Mica: I think you're only remembering those Lucid dreams because you wake up during them.
Another problem I have with Deja Vu is I work a job where I do the exact same thing every day. What's odd is that I don't get Deja Vu every time I work but there are times when suddenly I have the feeling. But it's so easy to brush off as I've seen it before.
"Native Plants for Honeybees"
Super Bee
Posts: 1502
tougher than rock
Re: How to get ESP
Reply #10 on:
August 16, 2007, 07:25:10 am »
well, i got interested in this stuff, read some FAQ about lucid dreaming and so... this is the 4th morning in a row wneh i can remember what i dreamt. every day i can remember it more detailed and vividly.
today i was a mountain rescue worker and we rescued 4 people out of hummm something..avalanche like freezing pond, hehe.
hypothermya saves, hehe
Galactic Bee
Posts: 3198
Best use of smileys in a post award.
Re: How to get ESP
Reply #11 on:
August 16, 2007, 09:06:34 am »
I have retroactive ESP. Other people might call that hindsight...... :roll:
My dreams are usually weird mixes of whatever I thought of during the day. Like in the spring I dream of weird looking bees. Most of them make me laugh when I wake up...
Brian D. Bray
Heavenly Beekeeper
Heavenly Beekeeper
Galactic Bee
Posts: 7369
I really look like this, just ask Cindi.
Re: How to get ESP
Reply #12 on:
August 24, 2007, 01:17:41 am »
Deja vu, from my experience, is realizing you've been through this event before--in dream form--a foretelling of the future requiring a discission. Sometimes you know what's going to happen next and sometimes it happens differently. As one who has been to the otherside and back a number of times I can tell you that Deja Vu is actually a life indicator. You will have a dream of the future of what will happen if you continue on your current path of conduct. The Deja Vu comes about at that point that tells you what you decided to do about that particullar event in you future. If the result is different than what you think is suppose to happen then you changed your mind on continuing on that course of action. If it's the same then you decided you wanted to have it happen. Sometimes the differences are the correct choice, denoting bad events would happen if you'd kept on that track. Other times the exact thing that happens was the right choice.
Regardless, Deja Vu represents your being notified of the outcome of your discission--yes or no.
Life is a school. What have you learned? :brian: The greatest danger to our society is apathy, vote in every election!
New Bee
Posts: 7
Bees are amazing
Re: How to get ESP
Reply #13 on:
October 06, 2007, 12:18:49 am »
Carlos Castaneda has written a number of interesting books on controlling your dreams. Most of the books revolve around his meetings with a Nagual Don Juan Matus who resided in Mexico. Ive found it very difficult to control my dreams for long periods of time. Theres a third attention, or thinking outside of yourself that you can learn to control with practice. Castaneda also explains adjusting an assemblage point so that your perception of the world is 'relocated'.
Anyways... ESP is very interesting along with this big universe we live in.
Honey is delicious
Field Bee
Posts: 598
Re: How to get ESP
Reply #14 on:
October 07, 2007, 03:24:19 pm »
with this big universe we live in
Yes, visible and...invisible.
Brian D. Bray
Heavenly Beekeeper
Heavenly Beekeeper
Galactic Bee
Posts: 7369
I really look like this, just ask Cindi.
Re: How to get ESP
Reply #15 on:
October 07, 2007, 07:49:36 pm »
On the otherside (spirit form) communication is by telepathy--just by touching another entity a complete transfer of scene, attitude, and impressions are conveyed in an instant. There is no miscommunication like we have using speach.
Life is a school. What have you learned? :brian: The greatest danger to our society is apathy, vote in every election!
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How to get ESP
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Google unveiled its media-streaming glowing orb to many oohs and ahhs, followed by head-scratches. The thing looks cool. And it sounds good, both in concept and fidelity. But two major questions remain: Who is it for, and how well does it work?
Why It Matters
It matters because this is the first product like this we've seen out of Google. The Nexus Q is a ball of multimedia hardware that's supposed to enhance the lives of the legions of Android users. It's a slick and easy way to play movies, music, and YouTube videos through your TV and home stereo setup, and it gives you a reason to buy stuff from the Google Play store instead of its competitors.
Using It
This isn't a device for streaming media off of your phone, like HTC's failed MediaLink. The Nexus Q pulls content directly from the internet via Wi-Fi or ethernet, and you use your phone or tablet to control it. The Q is rife with audiophile-grade features. Aside from HDMI, it has an optical audio out for connecting to a receiver, but it also has a built-in amp, so you can drive a pair of speakers rated 15 watts RMS or higher at 8 ohms. At Google I/O last week, the Q drove a pair of Triad Bookshelf Speakers (which Google is also selling, for $400), and they did indeed sound very good.
Setting up should be pretty easy, in theory. You plug the Q into an outlet, then connect it to your TV via micro HDMI to HDMI cable (and/or to your sound system through your preferred means). If you haven't already downloaded the Nexus Q app on your phone, you can tap your phone onto the Q (if your phone has NFC), and it will take you right to the Google Play store to download it. It supposedly works with any Android phone or tablet running Gingerbread (Android 2.3 and above), but in its pre-release form it seems to only be working with the newest Nexus devices. You need Bluetooth to be on the first time you set up your Q. You punch your Wi-Fi password into the Q, via your phone, name it, and that's it. From there you should be able to stream content from Play Movies/TV, Play Music, and YouTube.
Music has the most robust feature set. Basically you just start playing what you want and it creates a playlist on the fly. You can add and remove stuff to it and move things around pretty easily. The cool thing is, though, that multiple phones can connect to the same Q, and everyone can add to the playlist. Tested on a phone and a tablet, the changes were reflected instantly. This could be fun for a party—you'd build a playlist beforehand, and then just add the whole thing to the queue. The orb's 32 LEDs light up in sync with the visualization on the screen, and you can change both to different themes. It's nice to watch YouTube videos on a big screen, but unfortunately, you can't create an on-the-fly playlist like you can with music.
It's not for everyone, but you could dig the design of this thing. Look at the picture above—doesn't it look like a sentinel from The Matrix? Bad ass. Build quality on the orb is very solid. Setup was very easy (when it worked). Audio quality and picture quality (in movies and HD YouTube videos) are both excellent. The visualization for music recalls the fondly missed Winamp days. The social playlist thing definitely has potential.
If you already have a lot of music uploaded to (or purchased at) Google Play Music, then this is a very convenient way to get your music into your home audio system. In fact, if you have multiple Nexus Q's you can choose to group them, so you can have the same music playing in-sync in different rooms of your house—kind of like a cheaper, more limited Sonos system.
No Like
There are so many bugs in the system, it's hard to know where to begin. First off, the Q sometimes has trouble staying linked with the phone. Tested on two separate Qs, a phone, and a tablet, it had issues with every setup. The testing required factory resetting each Q at least once, then setting them up again. If you pause a movie for a while, and then you come back to it, it often won't start up again. You try to pair and unpair, you pull plugs—it's very frustrating. Also it's hard to scrub to the right timestamp in the movie. There are major delays when it starts up again. And while it's great that Google Play has updated the movies to stream in 1080p, that requires some serious bandwidth. If you don't have it (and a home connection at 10Mbps really struggled) it will start and stop a lot. Hyper annoying.
In Music, adding your first song adds the entire album to the playlist, which is not always what you want. So you have to go in there and remove all of the songs one by one except for the one you wanted. Then, navigating to the Now Playing list is not totally intuitive. All that said, when it works, it works well, but that leads to the question, "Who is it for?" There's no easy answer.
First off, it's only for Android users, as there's been no talk about a forthcoming Nexus Q app for iOS, and it's a longshot. But it's also for Android users who are heavily invested in Google's ecosystem, as in, they've got a lot of music in Play Music, and they want to rent/buy movies through Play Movies. The Q's hardware is capable of pumping out some audiophile grade sound, and indeed, Play Music supports music at up to 320kbps, but here's the thing: hardcore audiophiles listen to their music in the lossless FLAC format. If you upload a FLAC file to Google Music, it transcodes it into a 320kbps mp3. Now, many audiophiles will settle for a 320kbps mp3, but no one will argue that it sounds just as good. Add to that the $300 price tag for a device that can only stream content from three sources (all within Google's ecosystem), and you have a device for a niche within a niche.
Should I Buy It?
No. Well, if 320kbps is just what you like, you have all of your music on Google Play, a fast internet connection, and $300 doesn't sound like much money for you, then sure. For everybody else, this would be a cool novelty item (or it will be if once the bugs are worked out), but most people aren't going to pay that much for a novelty item. Roku boxes, which stream content from so many sources, are less than a hundred bucks. Hell, you can get a super awesome Nexus 7 tablet for $200. If Google can add more features and cut the price down, then it just might be impulse-buyable. Until then, this is a pass.
Google Nexus Q Specs
OS: Works with phone running Android 2.3 and up
Screen: None, 32 RGB LEDs on a ring
Processor and RAM: OMAP 4460 dual-core ARM Cortex-A9 CPU / 1GB RAM
Storage: 16 GB
Camera: None
Weight: 2 pounds
Battery: N/A
Price: $300
Giz Rank: 2.5 Stars
Video by Michael Hession.


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The First Successful Cloning of a Gaur (2000), by Advanced Cell Technology
The first successful cloning of a gaur in 2000 by Advanced Cell Technology involved the cells of two animals: an egg cell from a domestic cow and a skin cell from a gaur. The researchers extracted the egg cell from the ovary of the domestic cow and the skin cell from the skin of the gaur. First, the researchers performed nuclear transplantation on the egg cell of the cow, during which they removed the nucleus of the egg cell. The mitochondria of the egg cell remained intact inside the cell.
Format: Graphics
Subject: Experiments, Organisms, Reproduction
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Germ Layer
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The Blastoderm in Chicks During Early Gastrulation
This image shows a chicken (Gallus gallus) embryo undergoing gastrulation in stage four (18-19 hrs after laying) according to the Hamburger-Hamilton staging series. At this point in time the chicken embryo is a blastoderm (shown in blue). The first magnification of the embryo shows that the blastoderm cell layers have thickened to form the primitive streak and Hensen's node. The primitive streak extends from the posterior (P) region to the anterior (A) region. The second rectangular magnification shows the blastoderm cross-sectioned through the primitive streak.
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The Process of Gastrulation in Frog Embryos
Illustration of the movement of the three hemispheres of cells, the animal cap (dark green) the marginal zone (lime green) and the ventral cap (yellow) during frog gastrulation. The external view column (images a.1-a.6) shows gastrulation as it occurs on the outside of the embryo. The cross-section view column (images b.1-b.6) shows the internal view of gastrulation. The cross-sections are through the middle of the embryo.
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Arthur, or Art, Adams is one of the most influential comic book artists of his generation. He broke through with the successful 'Long Shot' miniseries for Marvel in 1985, which he made with writer Ann Nocenti at the age of 19. He is one of the founders of Legend, Dark Horse's top-end creator-owned imprint. That's where his smash hit 'Monkeyman & O'Brien' first saw print, as a back-up feature in fellow Legender Mike Mignola's first 'Hellboy' mini-series.
Adams has additionally worked on titles like 'X-Men', 'Fantastic Four', 'The Authority', 'Tom Strong' and 'Gen13'. For 'Tom Strong's Terrific Tales' he co-created the popular character Jonni Future. His short stories about various B-movie monsters are collected by Dark Horse in the series 'Art Adams' Creature Features'. He is also a popular cover artist for titles like 'Superman', 'Batman', 'Justice League of America' and 'Vampirella', and he has done art on trading cards, posters and merchandise, as well as magazine illustrations and toy design.


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An 'Evangelical Disaster': What Happened to the Religious Vote?
Ever since Ronald Reagan was elected president in 1980, evangelicals have been a powerful political force. Jerry Falwell and his Moral Majority organization were credited in part with Reagan's election, having registered millions of evangelicals to vote. Their influence would only grow over the next 25 years: Evangelicals were instrumental in Reagan's reelection, the Republican Revolution of 1994, and both of George W. Bush's victories. But on Nov. 6, 2012. their reign came to an end.
"I think this [election] was an evangelical disaster," Albert Mohler, president of Southern Baptist Theological Seminary, told NPR. He's right, but it wasn't for lack of trying.
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The late Falwell's Liberty University gave former Gov. Mitt Romney its keynote spot at its 2012 commencement and backed off previous language calling Mormonism a "cult." Billy Graham uncharacteristically threw his support behind the Republican candidate, and his evangelistic association bought full-page newspaper ads all but endorsing Romney. Ralph Reed's Faith and Freedom Coalition spent tens of millions in battleground states to get out the religious vote.
As a result, 79 percent of white evangelicals voted for Romney on Tuesday. That's the same percentage that Bush received in 2004, and more than Sen. John McCain received in 2008. The evangelical vote was 27 percent of the overall electorate -- the highest it's ever been for an election.
Their support wasn't enough. Not only did President Obama win soundly, but four states voted to allow same-sex marriage.
Mohler blamed the loss on a "seismic moral shift in culture." Americans' values are indeed changing, but more seems to be at work here.
First, the size of the evangelicals' base is a limitation. While white evangelicals comprised a quarter of the electorate, other religious groups that lean Democratic have grown substantially. Hispanic-American Catholics, African-American Protestants, and Jewish-Americans voted Democratic in overwhelming numbers. Additionally, the "nones" -- those who claim no religious affiliation -- are now the fastest growing "religious" group, comprising one-fifth of the population and a third of adults under 30. Seven out of 10 "nones" voted for Obama.
Second, evangelicals' influence is waning. Conservative Christian ideas are failing to shape the broader culture. More than 3,500 churches close their doors every year, and while Americans are still overwhelmingly spiritual, the institutional church no longer holds the sway over their lives it once did. The sweeping impact of globalization and the digital age has marginalized the church and its leaders.
Conservative Christian leaders often blame America's so-called secularization, but as Peter Berger of Boston University argues, "Modernity is not necessarily secularizing; it is necessarily pluralizing. Modernity is characterized by an increasing plurality, within the same society, of different beliefs, values, and worldviews." Evangelicals once presided like chairmen in America's political boardroom, but they must now sit down with others at a common table to dialogue and search for common ground.
Third, evangelical leadership is wanting. A quarter-century ago, Christian mobilization efforts were rising, Christian advocacy groups were sprouting, and charismatic Christian leaders were popping up in every corner of the country. This is no longer the case.
Politically influential pastors like Jerry Falwell and D. James Kennedy have died, James Dobson retired, and Pat Robertson has been relegated to the fringes of his own community. By any reckoning, few charismatic figures are able or willing to fill these voids.
The leadership vacuum became painfully obvious during the Republican primaries, when 150 "high-powered" evangelical leaders, including Tony Perkins and Gary Bauer, met behind closed doors in Texas to determine which candidate should receive their endorsement. They chose Rick Santorum, but in the South Carolina primaries a week later, Newt Gingrich and Romney split two-thirds of the state's evangelical vote.
Additionally, organizations like the Moral Majority and the Christian Coalition are either defunct or defunded, while Focus on the Family has made clear its intention to move in a less political direction. The number and influence of evangelical organizations shaping the public square is greatly diminished.
These converging trends create a perfect storm for evangelicals and radically transform the American public square. As Shaun Casey, professor at Wesley Theological Seminary, says, "The understanding that the evangelical vote is a kingmaking vote, I think, is now dead."
But death often creates an opportunity for new life. As I survey the rising generation of Christians in America, I see many who recognize the ways in which the thirst for power has corrupted the faith. They're eschewing partisan politics as a way to coerce and control the country, and they are finding ways to work with others they may disagree with. They are looking for new ways to live their faith in our rapidly changing world, and they give me hope that American Christians may be on the cusp of a healthier engagement with the public square.
American morality is certainly changing, but this in itself doesn't account for the waning influence of evangelicals. To the extent that the faithful continue to blame their diminished influence on a shift in morality alone, they will continue their descent into irrelevance. If, however, they recognize the opportunity before them to reform their strategy and tactics, this so-called evangelical disaster might turn out to be a blessing in disguise.
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We had a lovely day today and it started out with a delightful breakfast of scrambled eggs on toast. I can hear you asking if this is orgasmic and yes, yes it is.
I used to make scrambled eggs the way most people make scrambled eggs. I cracked them into a bowl, whisked them up and added a bit of salt and pepper and a splash of water and into a frying pan.
Then Gordon Ramsay came into my life. Videoly speaking, he came into my life.
The next morning I got up, trudged to the kitchen and said, "Would you like some scrambled eggs? I'm going to try something different."
"No, thanks, can I have a fried egg?"
I made his egg and went to make my scrambled eggs. I did it just the way Gordon did in his video and Oh My! I added the butter and eggs and stirred until nearly cooked and then added salt, pepper, sour cream and chopped fresh chives. I was in heaven.
"These are wonderful, would you like a bite?"
"Nah, I'm right." (Australian for no thanks)
"You're missing something wonderful!"
Fast forward several months to today and John slept in. I got up and made scrambled eggs on toast – crappy bread, I know – it was in the freezer. I had watermelon, rock melon and strawberries topped with strawberry yogurt and fresh squeezed orange juice and the most wonderful scrambled eggs. John came in and I put the plate in front of him as if I didn't know he didn't like scrambled eggs.
Remember the commercial that went, "Mikey Likes Them!" ? Well, that was John.
"These eggs are really good."
So I know this isn't a fantastic recipe but if you like scrambled eggs, give this method a try. You might not like it better but I do. The eggs come out creamy and delicious. I've tried adding cream at the end and other herbs but sour cream and chives are my favorite add-ins.
Now some personal news. Today we met one of John's cousins who we recently discovered lives about 15 minutes from us. Her dad was John's dad's younger brother. He died of cancer when he was quite young and Rob gave Liz away at her wedding.
We're sitting there at the cafe talking about family memories and I asked Liz her her husband about their children – they have 3 daughters. One is a music teacher in Perth, one is a homemaker with a little baby in Brisbane AND… wait for it…
One is an executive with Qantas who as we spoke was in Denmark with Chef Neil Perry to attend the MAD Symposium – the annual gathering of top chefs from around the world. This year the symposium is on guts. I'm filled with envy. (not about guts but about being around all that culinary talent) I hope to catch up with her next time she comes up to visit her mum and dad.
- 2 eggs (per person)
- 1 tablespoon butter (per 2 eggs) softened
- 1 tablespoon chopped chives
- 1 tablespoon sour cream
- salt and pepper to taste
- Turn on the stove to medium-high
- Crack the eggs into a non-stick saucepan
- Add in the softened butter.
- Place saucepan on the heat and with a non-metal spatula stir the eggs rapidly.
- Keep stirring and when the eggs begin to cook on the bottom, remove from the heat and keep stirring.
- Place the pan back on the heat and repeat until the eggs are nearly cooked.
- While off the heat add salt and pepper to taste and the chives and sour cream.
- Place the pan back on the heat and stir to mix the sour cream into the eggs.
- Serve over thick toasted bread


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The daughter of jazz and pop legend Nat King Cole, Natalie Cole forged a successful career in three phases. She began in the '70s as a soul-rooted artist, had success in the '80s with pop-oriented R&B material, and then followed in the footsteps of her father with traditional pop as her foundation from the '90s through the early 2010s. From 1976 through 2009, she won nine Grammy Awards, including Best R&B Vocal Performance, Female ("This Will Be," 1976), Album of the Year (Unforgettable: With Love, 1992), and Best Traditional Vocal Pop Album (Still Unforgettable, 2009).
Cole made her stage debut at age 11 and sang in college. She met the writing and producing team of Chuck Jackson and Marvin Yancey in 1973. The next year they collaborated on some sessions that were recorded at Curtis Mayfield's Curtom studios in Chicago. These helped her land a deal with Capitol, and she teamed with Jackson/Yancey for a string of hit albums and singles from 1975 until 1983. Such LPs as Inseparable, Natalie, Thankful, Unpredictable, and I Love You So yielded five number one R&B hits between 1975 and 1977. These included "This Will Be, "Inseparable," "Our Love," and "I've Got Love on My Mind." She stayed with Capitol until 1983, then switched to Epic for her final album with the Jackson/Yancey tandem. She scored more hits with "Jump Start," "I Live for Your Love," and "Over You" in 1987, and "Pink Cadillac," a cover of a Bruce Springsteen tune, in 1988, as she eased into another stylistic shift of focus.
Cole fully embraced traditional pop with the 1991 LP Unforgettable: With Love, which reached number one on the Billboard album chart, sold over five million copies, and won a handful of Grammy Awards, including Record of the Year and Best Traditional Pop Performance for the title track -- a duet with her father (via his 1961 recording). She continued the trend with Take a Look in 1993, and she toured and did television specials working with a large orchestra conducted by Nelson Riddle. Holly & Ivy (1994) and Stardust (1996) both continued Cole's exploration of American pop standards. Snowfall on the Sahara and The Magic of Christmas, the latter of which was recorded with the London Symphony Orchestra, were issued at the end of the decade. Ask a Woman Who Knows (2002) and Leavin' (2006) followed for Verve. Cole then moved to Rhino for Still Unforgettable (2008), another collection of pop standards that won the Grammy for Best Traditional Pop Vocal Album. The Most Wonderful Time of the Year (2010) found Cole teamed up with the Mormon Tabernacle Choir for the sake of a Christmas special originally broadcast on PBS.
Like some of her father's late-'50s releases, En Español (2013) was an all-Spanish set. She was joined by the likes of Andrea Bocelli, Juan Luis Guerra, Arturo Sandoval, and, on "Acércate Más" ("Come Closer to Me"), her father via a 1958 version. Cole also experienced serious health problems during the new millennium, including a diagnosis of hepatitis C which she attributed to past drug use (as depicted in her 2000 autobiography, Angel on My Shoulder). In 2009 she underwent a kidney transplant, after which she continued to tour and record, but ongoing health issues forced her to cancel a number of scheduled appearances in December 2015, and on December 31 she died of congestive heart failure in Los Angeles at the age of 65.


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Respondent's claims for compensation and accounting are barred by res judicata since they relate to land "formerly owned or claimed by [the Confederated Bands of Utes] in western Colorado, ceded to [the United States] by the Act of June 15, 1880" and thus were subject to a final settlement reduced to a consent judgment, to which respondent was a party, made in 1950. Pp. 161-174.
191 Ct. Cl. 1, 423 F.2d 346, reversed.
BRENNAN, J., delivered the opinion of the Court, in which BURGER, C. J., and BLACK, HARLAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 174.
Lawrence G. Wallace argued the cause for the United States. On the briefs were Solicitor General Griswold, Assistant Attorney General Kashiwa, Peter L. Strauss, and Edmund B. Clark.
Glen A. Wilkinson argued the cause for respondent. With him on the brief was Richard A. Baenen.
MR. JUSTICE BRENNAN delivered the opinion of the Court.
In 1951 the Southern Ute Tribe or Band of Indians, a part of the Confederated Bands of Utes, brought this claim before the Indian Claims Commission. 1 The claim asserted that the United States had violated its fiduciary duty to respondent by (1) disposing of 220,000 acres of land as "free homesteads" although obligated by 21 Stat. [402 U.S. 159, 160] 203-204 (1880) and 28 Stat. 678 (1895) to sell the acreage for the respondent's benefit; and (2) by failing to account for the proceeds of 82,000 acres of land, which proceeds were, under the same Acts, to be held for the respondent's benefit. The Government's basic defense was res judicata by reason of Court of Claims consent judgments entered in 1950 between the United States and the Confederated Bands of Utes, including the respondent. 2 Confederated Bands of Ute Indians v. United States, 117 Ct. Cl. 433 (1950). The Indian Claims Commission rejected the defense, 17 Ind. Cl. Comm. 28 (1966); but the Court of Claims, in an unpublished order, App. 57-58, remanded for the taking of additional evidence. On remand the Commission again rejected the defense, 21 Ind. Cl. Comm. 268 (1969), and the Court of Claims affirmed, two judges dissenting. 191 Ct. Cl. 1, 423 F.2d 346 (1970). We granted certiorari. 400 U.S. 915 (1970). We reverse.
The consent judgment entered in the Court of Claims gave effect to a settlement agreement which recited a stipulation of the parties that:
Both the Indian Claims Commission and the Court of Claims rejected the Government's res judicata defense on the ground that the claim concerning the lands involved in this action was not compromised by the 1950 settlement because those lands were not among the lands "ceded to defendant by the Act of June 15, 1880."
Decision of this case turns, then, upon the proper interpretation of the agreement, embodied in the Act of 1880, between the United States and the Ute Indians as it relates to the settlement agreement, reduced to judgment in 1950, between the same parties. The determination of that interpretation requires a somewhat lengthy factual recitation.
In the latter half of the 19th century, what is now the Confederated Bands of Utes, composed of the Uncompahgre Utes, the White River Utes, and the Southern [402 U.S. 159, 162] Utes, exchanged their aboriginal lands in New Mexico, Utah, and Colorado for a reservation of approximately 15.7 million acres lying wholly within Colorado. 13 Stat. 673 (1864); 15 Stat. 619 (1868). Although the acreage was undivided, the White River Utes lived in the northern portion of the reservation, the Uncompahgre Utes inhabited the central part, and the Southern Utes occupied the southern region. The reservation, however, survived little longer than a decade in this form. In 1874 the Utes approved the Brunot Cession of 3.7 million acres of the east-central portion of the reservation after valuable mineral deposits had been discovered there. 18 Stat. 36 (1874). 3 The result of the cession was almost to sever the reservation, leaving the Southern Utes wedged between the southern boundary line of the Brunot Cession and the New Mexico border, at the southernmost part of the reservation on a strip of land 15 miles wide and 110 miles long. This strip, which includes the lands at issue here, is referred to by the parties as Royce Area 617, and the remainder of the reservation after the Brunot Cession is referred to as Royce Area 616. 4
Within eight years, only the Southern Utes remained in Colorado: the White River Utes and the Uncompahgre Utes departed for Utah before 1882 as a consequence of the massacre in 1879 of Indian Agent Meeker and others at White River station. The public outcry over this incident led to negotiations with the Confederated Bands which produced the Act of 1880. [402 U.S. 159, 163]
The central feature of the Act of 1880 was the termination of tribal ownership in the reservation lands, and the limitation of Indian ownership to such lands as might be allotted in severalty to individual Indians. The purposes of that provision were to destroy the tribal structure and to change the nomadic ways of the Utes by forcibly converting them from a pastoral to an agricultural people. See 10 Cong. Rec. 2059, 2066 (1880). The Act recited that it was enacted to accept "the agreement submitted by the confederated bands of Ute Indians in Colorado, for the sale of their reservation in said State . . . ." 21 Stat. 199 (1880). Thus, it was provided that the Confederated Bands "cede to the United States all the territory of the present Ute Reservation in Colorado, except as hereinafter provided for their settlement." 21 Stat. 200 (1880). The settlement provisions stipulated that the White River Utes would leave Colorado "and settle upon agricultural lands on the Uintah Reservation in Utah," ibid., and that "[t]he Uncompahgre Utes agree to remove to and settle upon agricultural lands on Grand River, near the mouth of the Gunnison River, in Colorado," ibid., or if insufficient agricultural land was found there, go to Utah (which they soon did). The Southern Utes were to "remove to and settle upon the unoccupied agricultural lands on the La Plata River, in Colorado; and if there should not be a sufficiency of such lands on the La Plata River and in its vicinity in Colorado, then upon such other unoccupied agricultural lands as may be found on the La Plata River or in its vicinity in New Mexico." Ibid. Finally, it was provided that "all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this acceptance by the United States, released and conveyed to the United States, shall be held and deemed to be public lands of the United [402 U.S. 159, 164] States and subject to disposal," but only for the financial benefit of the Utes. 21 Stat. 203-204 (1880).
The plain wording of the Act cedes to the United States all of the nonallotted acreage of the reservation, including that in the 15-mile strip (Royce Area 617) occupied by the Southern Utes. The Court of Claims' opinion acknowledges this, stating that:
The Commission and the Court of Claims did not, however, end their inquiry with the wording of the Act of 1880. Both of those tribunals considered the conduct of the United States in relation to respondent tribe in the years subsequent to passage of the Act of 1880. Even so, the basis of their rejection of the res judicata defense does not emerge from their opinions with complete clarity. The Court of Claims read the Commission's first opinion, 17 Ind. Cl. Comm. 28 (1966), as holding that the Southern Utes expressly withheld the southern strip from the lands ceded by the 1880 Act: "The Commission found that the Act of 1880 `reserved' Royce Area 617 for the Southern [402 U.S. 159, 165] Utes." 191 Ct. Cl., at 10, 423 F.2d, at 350. Some language at that point of the opinion suggested that the Court of Claims was in agreement with that view - "the following sequence of events . . . support the conclusion that plaintiffs at any rate did not cede their reservation (Royce Area 617) under the agreement of 1880." Ibid. However, the opinion later turns the decision on a different theory:
Even before 1880 the Southern Utes had experienced hardship in living on the southern strip. Essentially, they were a pastoral people and the strip was so narrow that it was difficult to keep their animals within it. In addition, the white population to the north and south of the strip was increasing and the resulting lines of commerce cut across the strip.
The Act of 1880 provided that "a commission shall be sent to superintend the removal and settlement of the Utes, and to see that they are well provided with agricultural and pastoral lands sufficient for their future support . . . ." 21 Stat. 201 (1880). The Commission visited the Southern Utes to carry out that mandate and in 1881 its chairman reported to Congress:
The Court of Claims also found support for its conclusion in what was said to a congressional committee by a Ute spokesman for the Southern Utes at a meeting in the District of Columbia in 1886. The spokesman stated that the delegation had come "to see if we cannot exchange our reservation for another. . . . The present reservation is narrow and long, and we want to go west and see if we can't sell it." S. Rep. No. 836, 49th Cong., 1st Sess., 1 (1886). The Court of Claims viewed this as demonstrating that "the Southern Utes were still in possession of their part of their old reservation under claim of right." 191 Ct. Cl., at 14, 423 F.2d, at 353. We do not doubt that the Southern Utes regarded the lands they occupied as "our reservation," but we fail to see how this nullifies the conveyance of the strip made by the Act of 1880. On the contrary, there is cogent evidence that the United States totally rejected the Indians' claim that the strip was "our reservation." After two bills to effectuate the removal of the Southern Utes failed to pass, Congress enacted 25 Stat. 133 (1888) empowering "[t]he Secretary of the Interior . . . to appoint a commission . . . with authority to negotiate with the band of Ute Indians of southern Colorado for such modification of their treaty and other rights, and such exchange of their reservation, as may be deemed desirable by said Indians and the Secretary of the Interior . . . ." Ibid. Despite the reference to "their reservation," the premise of this statute was obviously that amelioration of the plight of the Southern Utes would require "modification of their treaty and other rights" as they had been fixed in the Act of 1880. Even the Court of Claims thought the Act of 1888 little support for the respondents' contention:
This is confirmed by the congressional reaction when the agreement was submitted for approval - nothing happened for six years and the agreement was again introduced in 1894. The opinion of the Court of Claims depicts the situation:
Finally, we cannot agree with the Court of Claims that 5 of the Act of 1895 is "an explicit waiver of the Government's rights created in the 1880 agreement, whatever they were." 191 Ct. Cl., at 19-20, 423 F.2d, at 356. The Act of 1895, in addition to annulling the 1888 agreement, expressly confirmed the Act of 1880 and directed the Secretary of the Interior to proceed with allotments in severalty to the Southern Utes "in accordance with the provisions of the Act of 1880.." 28 Stat. 677 (1895). It went on to settle the grievances of those Southern Utes who wanted their own reservation rather than allotments in severalty by providing that "there shall be . . . set apart and reserved all that portion of their present reservation lying west of" a defined line in the strip. Id., at 678. We do not see how the United States could have "set apart and reserved" a portion of the strip for a reservation unless the strip belonged to it. The remainder of the strip to the east of the new reservation [402 U.S. 159, 172] was to be available for allotments in severalty to individual Southern Utes and the land not allotted was to "be and become a part of the public domain" to be sold for the benefit of said Utes. Ibid. Section 5 allocated the proceeds from sales of the land opened to public settlement. We look in vain for anything in that section to support the conclusion of the Court of Claims that it contains an "explicit waiver" by the United States of its rights under the Act of 1880 and that "[i]t follows then that the Southern Ute lands in controversy were ceded in 1895 not 1880." 191 Ct. Cl., at 20, 423 F.2d, at 356. The Senate Report recommending passage of the Act of 1895 belies that conclusion. The report repeats, once again, the previously stated position of the Congress that "[o]n March 6, 1880, [the Utes] . . . ceded the whole of their reservation in Colorado to the United States, except such lands, if any, as might be allotted to them in severalty." S. Rep. No. 279, supra, at 2. We discern nothing in 5 save some revision of the formula for allocation of the proceeds of the sales of the unallotted lands in the portion of the strip east of the reservation. 7 We find absolutely [402 U.S. 159, 173] no language that the Southern Utes made any cession thereby, and, indeed, we are convinced that the wording is consistent only with the fact that they had no land to cede. 8 The Act of 1895 simply resolved the impasse over the allotments in severalty which had existed for 15 years because of the Southern Utes' reluctance to accept them. The United States created a new reservation for them, while still permitting allotments to those Southern Utes willing and qualified to engage in farming. This plan was clearly constructed in reliance [402 U.S. 159, 174] upon, not in derogation of, the cession made under the Act of 1880.
We therefore hold that the claim in this case is res judicata under the 1950 consent judgment enforcing the settlement agreement "as to any land . . . ceded to defendant by the Act of June 15, 1880." 9
[ Footnote 2 ] The 1950 cases were brought under the Jurisdictional Act of 1938, 52 Stat. 1209. The settlement reduced to consent judgment principally relied upon by the Government is that in Case No. 46640, 117 Ct. Cl. 433, 436 (1950). Related stipulations are reported at 117 Ct. Cl., at 434, 438, 440. The aggregate amount of the settlements exceeded $31 million. The United States also unsuccessfully asserted below defenses of failure to state a claim and failure to join all necessary parties. Those questions are not before us.
[ Footnote 3 ] The United States admits that the stated consideration was not promptly paid. Brief for Petitioner 5. See also J. Dunn, Massacres of the Mountains 583-587 (1958).
[ Footnote 4 ] These derive from a map of Indian land cessions, Pl. CXVI, drawn by Charles Royce in connection with a published study, Indian Land Cessions, 18th Ann. Rep., Bur. of Amer. Ethnology, pt. 2 (1896-1897).
[ Footnote 5 ] While apparently the "massacre" involved only the White River Utes, all Utes were blamed. See exchange of correspondence during the uprising among the Indian agents, Secretary of the Interior, Governor of Colorado, and others printed in S. Exec. Doc. No. 31, 46th Cong., 2d Sess. (1880). See also J. Dunn, Massacres of the Mountains (1958), and U.S. Army, Military Division of the Missouri (Gen. P. Sheridan, Commanding), Record of Engagements with Hostile Indians 88-91 (1882).
[ Footnote 6 ] The Court of Claims found proof that "the Interior Department at least was already viewing the Southern Ute territory as a permanent reservation not ceded under the terms of the 1880 cession," 191 Ct. Cl., at 13, 423 F.2d, at 352, in a description of the line in an 1882 letter to the district land offices. We find nothing in the letter to that effect, and in any event, it could hardly be the basis for disregarding the congressionally expressed design.
[ Footnote 7 ] Section 5 of the Act of 1895 provides in pertinent part:
[ Footnote 8 ] The Court of Claims also seems to have placed some reliance upon the following words in an order of the Acting Secretary of the Interior in 1938 which restored to the Southern Utes that portion of Royce Area 617 yet undisposed of:
As we have said in this opinion, we find no creation of a reservation for the Southern Utes in the Act of 1880, nor can we find any words of cession in the Act of 1895. In addition, rather than attaching the significance suggested by the Court of Claims, the quoted words are more properly to be treated as careless draftsmanship: the time of cession, whether 1880 or 1895, was of absolutely no consequence to the act of restoration of undisposed lands in 1938. Finally, the quoted words do not support the application here of the principle that courts should give weight to a consistent reading of an ambiguous document by the agency charged with its enforcement. As our opinion shows, we do not find either the Act of 1880 or that of 1895 ambiguous. Moreover, what consistency the parties have shown in the enforcement of those acts, cuts against the contention of the respondent.
[ Footnote 9 ] The Court of Claims' unreported order remanded the case to the Commission "for the hearing of additional evidence and the making of findings of fact with respect to the intention of the parties to the stipulation upon which a final judgment was entered in Court of Claims Case No. 46640 (117 Ct. Cl. 436) on July 13, 1950." App. 57. The Commission's supplemental findings after the hearing on remand are reported in 21 Ind. Cl. Comm. 268. We question the propriety of the remand, see Delaware Indians v. Cherokee Nation, 193 U.S. 127, 140 -141 (1904); United States v. William Cramp & Sons Ship & Engine Building Co., 206 U.S. 118, 128 (1907), but do not decide the question since it does not appear that the decision of the Court of Claims turned on any evidence of the intention of the parties to the stipulation.
MR. JUSTICE DOUGLAS, dissenting.
Though the facts of this case are complex, they present but one major question, whether the lands in question were "ceded to defendant by the Act of June 15, 1880," and included in a consent judgment entered by the Court of Claims in 1950.
More precisely, what was the status of these lands (Royce Area 617) between 1880 and 1895? Were they ceded in 1880, yet not released by the Indians until 1895? How can it be said that Royce Area 617 was ceded in 1880 yet retained until 1895, since, as the Court of Claims stated, "the Southern Utes were allowed to remain on their surveyed reservation for 15 years after the purported cession, and the right to remove them without their further consent was not asserted or exercised." 191 Ct. Cl. 1, 19, 423 F.2d 346, 356. [402 U.S. 159, 175]
Twice the facts have been considered, once by the Indian Claims Commission and once by the Court of Claims. And both have resolved the question presented in favor of the respondent, Southern Utes. That result below is amply supported by the record.
As of 1880, the Confederated Bands of Ute Indians occupied a reservation of 12,000,000 acres in western Colorado. The White River Utes and the Uncompahgre Utes occupied the northern portion (Royce Area 616), and the Southern Utes occupied an almost separated southern section (Royce Area 617). In 1880, the Utes entered into a treaty with the United States. It provided that the chiefs would persuade their people
As of this time it appears that neither the Southern Utes nor officials of the United States thought that Royce Area 617 had been ceded by the Act of 1880. The Southern Utes still considered it their reservation 3 and the Commissioner of Indian Affairs apparently felt likewise 4 - all of which is inconsistent with the theory that there had been a cession of it in 1880.
In 1888, Congress authorized the Secretary of the Interior to appoint a commission to negotiate with the Southern Utes. They agreed to settle in Utah, but Congress would not approve the agreement. Congress then passed the Act of 1895, 28 Stat. 677:
Some of the Southern Utes took allotments in severalty. The Weeminuche Utes, now the Ute Mountain Utes, elected, however, to settle on a tract at the west end of their "present reservation." 3.
A substantial amount of land in Royce Area 617 was settled by whites, and disposed of by the United States Government. The subject of the present suit before the Indian Claims Commission includes, inter alia, the proceeds from land sold and damages for land given away in violation of the Act of 1895.
In 1934, Congress allowed restoration of all land in Royce Area 617 not disposed of under the Act of 1895. (48 Stat. 984.) The Secretary of the Interior restored all such land to the tribal sovereignty of the Southern Utes. That order began:
The Indian Claims Commission found that the United States had acknowledged by its actions that the Southern Ute Reservation was not ceded by the 1880 Agreement. Therefore, any accounting which included Southern Ute lands in Case No. 30360, 45 Ct. Cl. 440 (1910), was erroneous and beyond the jurisdiction of the Court of Claims to enter. The Court of Claims remanded this case to the Commission for a determination of the intention of the parties in entering into the 1950 stipulation. Plaintiffs produced evidence that they never intended Royce Area 617 to be covered. The broad language of the stipulation was to insure that minor omissions were covered. [402 U.S. 159, 180] "Diligence" would not have permitted the exclusion of 360 sections of land. The Government refused to produce any documents which might have disclosed the intent of its signatories, claiming this was the "work product." The Commission found no intent to include land in Royce Area 617 in the stipulation.
The Court of Claims found that the language of the Act of 1880 appeared to be inconsistent with the findings of the Commission, but that the events from 1880 to 1895 supported its conclusion, i. e., the decision to postpone issuing allotments and to preserve the reservation, the separation of Royce Area 617 by the Act of 1882, the description of the dividing line by the Secretary of the Interior, the negotiations with the Southern Utes to move, the belief by the Commissioner of Indian Affairs of a duty to keep white people off the "reservation," 5 the Act of 1888, and the Act of 1895 providing additional compensation for the Southern Utes 6 and requiring their approval. 7 The evidence weighed "substantially in favor of the Commission's interpretation." The Government's conduct, the Court of Claims said, evidenced a recognition that "by its protracted acquiescence in the Southern Ute occupation, Government rights to the land had somehow lapsed, or the agreement not being executed for so long a time, was rescinded and dead." 191 Ct. Cl., at 19, 423 F.2d, at 356.
Since the Southern Ute land was not ceded in 1880, any claims involving that land were beyond the mandate of the Jurisdictional Act of 1909, 35 Stat. 781, and improvidently heard in 1910. Likewise the 1950 judgment was no bar. Neither party had intended it to apply to Royce Area 617. If the intention of the parties was irrelevant, the stipulation on its face would not apply to "areas not effectively ceded." 191 Ct. Cl., at 22, 423 F.2d, at 358.
This Court now reviews those findings and reverses. In doing so it simply remarshals the evidence for the new result, ignoring the limits of this Court's appellate jurisdiction over the Court of Claims. The question present is either a question of fact or, at best, a mixed question of law and fact and the determination of the Court of Claims is binding on this Court if it is supported by substantial evidence. United States v. Swift & Co., 270 U.S. 124, 138 ; United States v. Omaha Tribe of Indians, 253 U.S. 275, 281 . The result below is clearly supported. It is not the function of this Court to conduct a trial de novo on the issues. United States v. Felin & Co., 334 U.S. 624, 650 (Jackson, J., dissenting); United States v. Penn Mfg. Co., 337 U.S. 198, 207 n. 4.
I would affirm the judgment of the Court of Claims.
[ Footnote 1 ] It has been suggested that the Indians refused to take the allotments or were stalling. This appears inconsistent with the report of Mr. Manypenny, the Chairman of the Ute Commission. The white settlers were dissatisfied on learning that the Indians might be allowed to settle in certain valleys which the settlers desired. The allotment, and sale of the residue to whites, would leave the Indians in "close proximity to the white settlements [and] will subject the Utes . . . to constant annoyance by evil-disposed persons." The Indians had to be protected from this.
[ Footnote 2 ] "From this description it would seem that the Interior Department at least was already viewing the Southern Ute territory as a permanent reservation not ceded under the terms of the 1880 cession. Specifically, the letter states that the survey line commence at, not in, the southwest corner of the ceded Ute land. Adhering to defendant's contention that all lands were ceded in 1880, a literal interpretation of this letter would lead to an anomalous result. If the starting point was placed at the southwestern corner of Ute ceded land, the point would coincide with the converging point of the New Mexico, Colorado and Utah borders. The line could not extend to the western boundary of Colorado because it would start there." 191 Ct. Cl., at 13, 423 F.2d, at 352.
[ Footnote 3 ] The Southern Utes came to Washington in 1886 to negotiate for an exchange of their reservation for one to the west. See S. Rep. No. 836, 49th Cong., 1st Sess., 1-2 (1886).
[ Footnote 4 ] On April 5, 1886, he reported to the Secretary of the Interior, "[W]e are bound by solemn treaty stipulations with these Indians to prevent white people from entering upon or crossing said reservation." Id., at 3.
[ Footnote 5 ] N. 4, supra.
[ Footnote 6 ] The treaty of 1880 required that the proceeds from sales of all land ceded under that agreement had to be credited to the benefit of all Utes. To credit the money received only to the account of Southern Utes would have been a violation of the treaty if the land had been ceded in 1880.
[ Footnote 7 ] If the land had been ceded under the 1880 agreement, acceptance of the Act of 1895 was completely unnecessary.
[ Footnote 8 ] "Thus, defendant's officials do not only concede that the lands were ceded in 1895, but they also enlighten us as to the status it retrospectively applied to the 1880 agreement. Such a statement by an executive agency bearing on the meaning of a treaty must be accorded great weight." 191 Ct. Cl., at 20, 423 F.2d, at 356. [402 U.S. 159, 182]
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