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The Convention assembled, for its final session, at the appointed hour and was opened with prayer by Rev. David Hervey of the Presbyterian church, a resident of Wellsburg.
After reading and approval of the journal, the Convention resumed consideration of the ordinance to provide for the organization of the State of West Virginia.
MR. DERING. I desire, Mr. President, to ask a question of the committee that prepared this ordinance. As this is a very important ordinance, as it pertains particularly to the modes provided for voting, I would like to know if there are any arrangements in them with reference to the general distribution of this ordinance among the people of the counties of the new State. I think it is very important that the superintendents of elections at least, should have this ordinance as it is likely the modus provided of voting will be in mode for all time to come in our new State.
MR. LAMB. The committee has come to no further conclusion in regard to that matter than that it will be necessary to furnish a copy of that ordinance, with the poll books, to every place of voting within the new State. That far at least they will distribute them. Whether they will make any more general distribution of them, I don't know yet. It will take some thousand, or perhaps a little more than a thousand, copies to distribute them to all the different places of voting. Certainly, not merely the superintendents of election but the commissioners of the election, at every precinct will have to be furnished with a copy, or they will not know how to act at all.
MR. DERING. I think it proper the people should understand it, too.
MR. IRVINE. They are now distributing the poll books. The ordinances ought to accompany the poll books.
MR. LAMB. Not these poll books. The ordinance passed some days ago will accompany these poll books. That ordinance regulates the matter of voting on the Amended Constitution. This ordinance relates to a different matter. The first vote will be viva voce; but the vote under this ordinance will be by ballot; and the proper ordinance will accompany the poll books in each case.
Mr. President, I am directed by the Committee on Revision to report the following resolution:
"RESOLVED, That so much of the seven thousand dollars, appropriated by the Legislature of Virginia to pay the expenses of this body and of elections ordered by it, as may remain unexpended at the time of our adjournment be placed at the disposal of the Executive Committee of this Convention to defray the necessary expenses incurred in carrying into execution the ordinances of this Convention and the schedule annexed to the original Constitution; and that the said Executive Committee render their accounts thereof to the Legislature of West Virginia at their first session."
The resolution was adopted.
MR. STEVENSON of Wood. Mr. President, I have a resolution, sir, which I wish to offer:
"RESOLVED, That bound copies of the journal of the proceedings of the second session of this Convention be left with the Executive Committee to be disturbed by them as follows: One copy to each member of the Convention, and the remainder at their discretion; also that copies of the Constitution and address ordered to be printed by the Convention, shall be distributed by the same committee."
I wish to say in connection with that resolution that there is some complaint I believe on the part of some of the members of the Convention that they did not receive a copy of the proceedings of the first session of the Convention; but we do not think it necessary to offer a resolution to have another edition of the proceedings of the first session printed, as it would be very costly, the forms being destroyed altogether. It would require, of course, the setting up of the whole matter anew. On inquiry at the office of the printer, we have discovered that there are ten copies of the proceedings of the first session, without the accompanying papers - resolutions, propositions and other papers appended to the bound edition now. There are ten copies simply of the proceedings of the Convention, unbound, and the Committee on Printing have concluded to get them bound so that any member of the Convention who has not received it might get a copy of the proceedings of the first session. He will, of course be entitled to this, although he will not get with it the accompanying papers. That is the best the committee can do unless the Convention see proper to order the printing of an additional number of the first edition. That is with the Convention. The edition, I believe, is now entirely exhausted. I believe there is not a copy that has not been distributed and must be, of course, in the possession of somebody. I understand the commissioners who are authorized the copies of the first proceedings have mailed copies to the different members; but for some cause or other it appears the copies did not reach them. I suppose that can be accounted for by the interruption of the mails, and probably a number of other things have prevented copies reaching their destination. There were but one hundred copies of them printed, that being the excess over the amount printed for the daily use of the Convention.
In regard to the printing of the proceedings of the second session of the Convention, we design, as the form is not yet completed and the printing is not yet done, to order a larger edition of the proceedings of this session; so that there can be no complaint, at least, on the part of members in not getting the proceedings of this session. And in regard to the distribution of the address and Constitution ordered to be printed by the Convention, I have this to say, that the committee did their utmost to get the address and Constitution printed before the dispersion of the Convention. We waited on the different establishments in the city, and in addition to that we telegraphed to Pittsburgh and Cleveland but found it impossible to get printing done as soon as it can be done by the establishment of the regular printer of the Convention. They have so arranged it, by working all the time and putting all their hands that they could possibly spare to work upon the manuscript of the address to get the address printed by tomorrow, sometime tomorrow. Against tomorrow evening the entire edition of 10,000 copies of the address will be ready for distribution; but before that time - in the forepart of the day, if any of the members remain they can get enough probably to take along, especially those who live at a distance. A form will be put upon the press tomorrow morning and the edition will be worked off as rapidly as can be until the number is worked. The Constitution it is not possible to get before the latter end of next week; and I suggest here to the members that they be very particular in arranging with the Executive Committee before they go the best means by which the committee can have these documents sent to them, such as they do not take away. They cannot, of course, take any copies of the Constitution. I suggest they be particular in suggesting to the committee, and particularly those that undertake an active part in the distribution of these documents, the mode and manner by which the committee can send the documents to them so as to be used by them at as early a day as possible.
I have made these remarks in order to put the matter before the Convention in a shape they can understand and so they can see the necessity before separating, of doing all they can to give the documents a wide circulation and the circulation the Convention intended them to have.
MR. BROWN of Kanawha. I did not understand from the resolution how this committee thought of distributing these documents. It seems to me it is merely at their discretion. And another difficulty: suppose we go to the printers tomorrow, the printer will not know, and each individual will not know, and it will all result in confusion, and one may get too many and another not enough. I think the committee knowing the population of the counties ought to give us a table so that each man can go with something definite and just count out the number he is entitled to. Otherwise, I don't see how we shall ever arrive at it when we get to the printer. I suppose that matter, of course, would be properly arranged by the committee. I am glad it is suggested, because, of course, the documents ought to be given out according to the numbers of the people to be reached. It is well enough to call the attention of the committee to the matter.
MR. VAN WINKLE. I would like to add to the remarks made, that those who have not received a copy of the journal of the former Convention can leave their names with the Clerk, so that if it is possible some of them may be supplied. I have an extra copy of the journal and several in sheets as it was published, and if other gentlemen preserved theirs and would send them here, the committee would have them bound. You can have those at the office bound also, but of course it cannot be done before the members disperse. In reference to these documents yet to be distributed, gentlemen should give full directions before they leave. I would advise this: there are a good many counties there beyond Charleston, for instance. Packages of the Constitution, first edition printed, were sent to Charleston for the benefit of those counties. I am not aware that they were sent to the special care of anybody in Charleston. Now, wherever along these railroads or the river, wherever the express reaches we can send them, as, for instance, we can send the bundle for Ritchie county as far as Pennsboro on the railroad. But then if the delegates from that county - I only speak of it for illustration - if it is to be sent to some point on the railroad for Ritchie county it ought to go to the care of some individual there who will take care of them until he has an opportunity to forward them. If they cannot be sent by any known means of public conveyance where they belong, let them be sent to some place where it is certain they can be sent there to the care of some individual. I think that would insure their ultimate delivery, perhaps their speedy delivery. Now, gentlemen will take a recess before they leave and give directions and leave it with the Clerk. We will endeavor to do our best to get them out.
MR. DERING. I hope it will now be the pleasure of the Convention to hear read the resolution which was adopted yesterday with such great unanimity.
THE PRESIDENT. The resolution offered by the Chairman of the Printing Committee has not been disposed of.
The resolution offered by Mr. Stevenson of Wood was then adopted.
MR. DERING. I was going on to say I trust it will be the pleasure of the Convention to hear the resolution read as a merely verbal amendment was put in it at suggestion of my friend from Doddridge, which does not alter the sense at all and that by common consent it will be allowed to be adopted. I trust you will also take up the motion I had the honor to offer yesterday asking that the resolution be transcribed over your own signature and that of our Secretary and sent to our representatives and senators in Congress.
The Secretary read the resolution as follows:
"RESOLVED, That the Convention ask the Congress of the United States to appropriate the sum of two million of dollars to aid the new State of West Virginia in emancipating her slaves under the Act of Congress, approved on the 31st day of December, 1862, as well as those not thereby to be emancipated. Provided, however, That none but loyal slaveholders shall be so compensated.
"RESOLVED, That the foregoing resolution be attested by the President and Secretary of this Convention, and be transmitted to our representatives in Congress."
MR. VAN WINKLE. I understand the journal shows this resolution adopted as first offered. I will move a reconsideration. This is intended to be an amendment; and in order to bring it regularly before the Convention I move to reconsider the vote by which it was adopted.
The motion was agreed to, the vote reconsidered; and Mr. Dering then offered as a substitute the resolution as read by the Secretary. The substitute was adopted in lieu of the original, and the resolution then adopted.
MR. LAMB. A letter has been received containing the credentials of Mr. Brown, who has acted as a member of this Convention from the county of Kanawha during this session in anticipation of their arrival. It would be proper to at least mention on the journal that the credentials have been received. I believe they are all in regular form. It is a letter from Mr. Slack to the New State Commissioners. The certificate is below. I only ask that the matter be entered on the journal.
THE PRESIDENT. It will be so entered if there be no objection.
MR. LAMB. I offer the following:
"RESOLVED, That the Sergeant-at-Arms and the Secretary of the Convention be allowed their mileage."
A mere per diem would be a very poor compensation for these officers.
The resolution was adopted.
Mr. Stevenson of Wood offered the following:
"RESOLVED, That the Convention now proceed to appoint a vice president to be President of this Convention, in case of the death, disability to act, or resignation of the President thereof."
MR. VAN WINKLE. It has been observed, I have no doubt, that it is required that the President of this Convention make the returns to the President of the United States. It is important there be no delay in making those returns, and it might happen when the time came the President might be ill and unable to attend to it. We would avoid such a possible contingency by electing a vice president who might act in his place if necessary. The chances, of course, would be less of having two sick men than one. But in the event of the removal of the President by the providence of God there would be nobody authorized to perform this duty and I apprehend nothing could be done till this Convention re-assembled and designated another president. There is nothing in the act of Congress by which any one but one exercising the office of president for the time being could certify those returns. Now, sir, when I was quite a young lad, a clerk in the counting room, an old gentleman gave me the following advice: always to act as if I might die tomorrow and as if I were to live forever. It may perhaps suit this case. We ought to be prepared if possible for any contingency; and if the President should be under any disability at some time, some other person acting under authority of the Convention should be prepared to take up his duties in order that those returns may be made. If the President should be merely detained by difficulties of travel or from other temporary cause for a day or two, the vice president would not of course be called upon to act. It is only in case of such disability as prevent the President acting within a reasonable time. I think the Convention will see the propriety of providing for a possible contingency, which we all certainly hope will never occur.
MR. DERING. I fully concur in the resolution and I certainly trust no necessity will arise for action by the vice president; and it affords me pleasure, on the present occasion, to say that I would respectfully nominate, if that resolution should pass, Mr. John A. Dille, of the county of Preston. It affords me great pleasure to endorse him as a loyal Union man, and to say that he has every capacity to act as vice president of this Convention and that he is a representative of a county that has as few, if not fewer, "butternuts" in it than any other county within the bounds of this State.
MR. POWELL. The resolution is not adopted.
MR. DERING. I am done, sir.
The resolution was put to vote and adopted.
MR. DERING. Now, sir, I nominate Mr. John A. Dille, of the county of Preston.
No other nomination being made, Mr. Dille was appointed, nem. con.
MR. VAN WINKLE. If there is nothing immediately before the Convention, I would like to have their indulgence a few minutes to make a "cotemporaneous interpretation." I observe the bill that has been introduced in the Senate by our former friend, Mr. Carlile. Those who have read it will perceive it proceeds upon an entirely false assumption either as to what this Convention has done or what is required in the premises. In the resolutions that Mr. Carlile introduced, in the bill - or two or three bills - that were introduced and to which he assented, and that which was finally the subject of compromise, the same thing precisely appears. The majority of the voters in all the counties named were to be the legal majority in that case. Now, sir, that false assumption upon which he proceeds and which I wish to explain, because I find among the public a considerable want of knowledge on the subject - that is they have not seemed to take the right view of it. Counties are not the integral part of the State. That is, the State is not a conglomeration of counties. The United States is a Union of a number of distinct states, each a sovereignty as it were in itself. But counties do not bear the same relation to the state that states sustain to the United States; and taking the converse, the United States has not the same kind of a relation to the states that the states do to the counties composing them. Counties are mere geographical divisions made for convenience sake. We of this Convention have carried it a little further and made another subdivision called townships, for the further convenience of the people. It is therefore, sir, not required, nor can it be required that every county should cast a majority in favor of this new State. Suppose it were otherwise. Suppose the principle which is contained in that bill just introduced in the Senate were to prevail; and suppose that Braxton county in the very heart and center of the State cast its vote against it, are we to build a wall around her and only have the new State outside of Braxton? We will take it that one, southern, one northern and one central county should each give a majority against the new State, are they to be excluded from the new State? That is to say, taking the people living within the whole boundaries, being a majority of the whole State, in consideration of their own interests and rights, must take these individual counties in, even though a majority within their territorial limits are unwilling. The State is the unit, and the majority of those voting must govern. There can be no doubt of this. But the principle involved in this bill pending before the Senate absolutely says no county is to come into the new State unless it votes to come in. Now, sir, this Convention having several sets of counties to deal with, one set being dependent on another in some instances, made different districts. They placed 44 in one district; and they say if a majority of the people in those 44 vote to come in then the whole 44 come in; and I should like to know how it can be done in any other way. They next make a district of four counties - of Pendleton Hampshire, Hardy and Morgan and say if a majority of the people of those four counties vote to come in and a majority of the counties vote to come in, that those four are also to form part of the new State. They then go further and make another district, of Berkeley, Jefferson and Frederick, and say the same as to them. If a majority of the votes cast in the three counties, and a majority of the counties - two out of three - vote to come in they are parts of the new State. But also there is a condition precedent there that the four first named should also come in, because if they did not these three could not come in without being disconnected with the rest of the State.
Now, there can be nothing plainer than this, that it is not a question of the counties at all. It is a question of the people; and if the majorities should be, as we have no doubt they will, overwhelming in the counties who can vote on the subject, it will evidently cover the majority of the people within the 48 counties. Now, that is all we require. Would we go to the legislature and ask it to give its consent that such counties as vote in favor of it should be formed into a separate state? No, sir; but that these 48 counties be formed into a separate state, provided the majority of the people within them vote that they so desire. The legislature gives its consent precisely on that condition, that if the majority of the people in the whole of these counties are in favor of the separation, then they consent to the separation.
Well, now, sir, can it be assumed that Congress has given its consent in any other way? Precisely meeting the terms of the Constitution, before them, that if a majority of the people in the 44 counties vote in favor of it, the majority of the people in the 4 counties also a majority of the counties are in favor of it, then Congress give their consent. So that the idea contained in the bill pending before the Senate is perfectly preposterous. It emanated from that very versatile mind of which we have had some experience here - a gentleman who is now set against the new State; who in the first Convention was altogether for it; for it in the second and against it in the third; a little for it after the bill passed; then a little against; then when he finds, according to his principles, the people rather like the thing, probably willing to take the thing with the Congressional amendment, he is a little for it again; but now I think he is sliding a little back. Well, I would like to place him if I could - if he would only hold still long enough to let me know where I could place him. But it is impossible to follow his tergiversations.
I thank the Convention for indulging me in the remarks I have made. It is certainly an argument which ought to be understood by our constituents everywhere, that this is not a question of counties at all; it is a question of the people and that a majority of the people is what is to decide on it.
MR. STEVENSON of Wood. I would like to make an inquiry of the Committee on Revision or at least of the chairman of that committee. I do not know whether it is a matter of sufficient importance to bring before the Convention or not, but my recollection of the language of the first ordinance as passed here which gives the Executive Committee power to reconvene the Convention if it becomes necessary is that there is no provision in the ordinance by which the Convention if it is not found necessary to reconvene it is adjourned sine die. I should like to know whether it is not necessary to have some action of the Convention determining that if it be found unnecessary to reconvene the Convention shall be dissolved.
MR. VAN WINKLE. We had some discussion on this subject at the close of the last session. The Convention has now necessarily appointed an Executive Committee to act for them after their adjournment if anything should be necessary and with power, I believe, to call it - with the President, I believe. If no resolution on the subject has been prepared - I forget exactly how far the ordinance goes on that subject, but to this effect that when this Convention adjourn today, it stand adjourned until convened by the President and if not so convened to stand adjourned sine die on the sixtieth day after the issuing of the President's proclamation.
MR. STEVENSON of Wood. That would meet the difficulty.
MR. BROWN of Kanawha. I do not think this Convention ought to adjourn in that way. Until the state government is organized this Convention ought not to dissolve. Suppose by some contingency an armed force should sweep through this whole territory here and we should not hold a solitary election on the 26th of March. Such a thing is possible, and if these rebel leaders were once to take it into their heads I have no doubt it is perfectly in their power to accomplish it. Then this Convention ought to be in existence to make further provision for a necessity that might within human probability arise. There are many contingencies which might place us in a position at the time specified whereby we may have no state government in operation. We ought not to be sent back to the people to re-elect a new convention, to organize and start again. I think this body ought to be kept in existence so that it could be reconvened if necessary until a state government is organized and put into operation.
MR. VAN WINKLE. I will accept that.
MR. BROWN of Kanawha. Any adjournment should be with a view that it will not be sine die unless the committee deem it unnecessary to recall the Convention sometime prior to the inauguration of the State under the Constitution. After that it must be, of course, functus officio.
MR. LAMB. In drawing up the ordinance on this subject, this question did not escape the notice of the committee entirely, but it was supposed that the ordinance as a whole have this power to reconvene but that such power would necessarily end without any express provision. There is no express provision, however, throughout the whole that this power would cease on the organization of the legislature of the new State. If gentlemen think it necessary to insert an express provision to that effect, be it so; but I take it without any express provision that understanding stands out upon every line and word of the ordinance, that when the state legislature shall be organized, then necessarily this Convention is, to use a technical expression functus officio - Othello's occupation is gone (Laughter).
MR. VAN WINKLE. I propose a distinct resolution to embody the suggestion made by the gentleman from Kanawha.
MR. STEVENSON of Wood. It seems to me there could be no objection to the passage of such a resolution. It would settle the matter beyond doubt.
MR. VAN WINKLE. Then I will offer the following resolution:
"RESOLVED, That when this Convention adjourn today, it adjourn until again convened by the Executive Committee; and if not so previously convened, that it stand adjourned from and after the organization of the State of West Virginia."
MR. HALL. Does not our ordinance prescribe that if it be reconvened it is done by the Executive Committee?
MR. VAN WINKLE. Does it?
MR. HALL. I think so.
MR. LAMB. Yes, sir.
MR. VAN WINKLE. We will just change the term. It might as well be left to the President. However, the Executive Committee is supposed to be here on the spot all the time.
MR. BROWN of Kanawha. I move to insert there the words "sine die."
MR. VAN WINKLE. I meant to put in "without day."
MR. BROWN. I like the old Latin, everybody understands it.
The resolution was put and adopted, "sine die" being first inserted.
MR. LAMB. I beg leave to offer the following resolution:
"RESOLVED, That the thanks of this Convention are hereby tendered to the President, for the able courteous and impartial manner in which he has presided over their deliberations."
This expression of the voice of the Convention is due to our President.
The Presiding Officer (Mr. Dille in the chair) put the motion and it was agreed to.
The following further resolutions were severally offered and unanimously agreed to:
By Mr. Stevenson of Wood.
"RESOLVED, That the promptness and correctness of the Secretary in the discharge of his complicated duties, has met the approbation of the Convention, and is entitled to this official acknowledgment."
By Mr. Warder:
"RESOLVED, That the thanks of this Convention are due to the reporters of the proceedings of this body, for the faithful and impartial manner in which they have reported the proceedings of this Convention."
By Mr. Van Winkle:
"RESOLVED, That the thanks of the Convention are justly due and are hereby presented to the late and present Sergeant-at-Arms, Pages and other officers of this Convention for the prompt and efficient discharge of their respective duties."
By Mr. Irvine:
"RESOLVED, That the clergy of the city of Wheeling and vicinity, who have opened the sessions with prayer, are hereby tendered the sincere and grateful acknowledgments of the members."
By Mr. Van Winkle:
"RESOLVED, That the thanks of this Convention are due to the citizens of this city for their hospitality shown to the members of this Convention."
MR. VAN WINKLE. In order that the Secretary may have time to make up his minutes, so that they be signed, as usual in the presence of the Convention, I move we now take a recess until three or four o'clock.
THE SECRETARY. There is considerable to write.
MR. VAN WINKLE. Well, say till 4 o'clock. I move this Convention now take a recess until four this p. m.
The motion was agreed to and the Convention took a recess.
At 4 o'clock p. m. the Convention re-assembled.
MR. VAN WINKLE. Mr. President, the Executive Committee request me to offer the following resolution. It is simply a request to the field and line officers of the regiments whose vote is to be taken on the Amended Constitution that they will facilitate it so far as may be compatible with their duties. It is thought something of this kind coming authoritatively from this Convention would help them in getting through.
"RESOLVED, That this Convention respectfully request the field and line officers of the regiments of Virginia volunteer militia in the service of the United States, to facilitate the taking the votes of their respective commands on the Amended Constitution so far as may be compatible with their duties."
The resolution was adopted.
MR. VAN WINKLE. If there is nothing before the house, I will offer the usual order;
"RESOLVED, That the journal of today's proceedings be read, approved and signed by the President and Secretary, and that the Convention adjourn in accordance with the resolution passed this morning."
The resolution was adopted.
MR. STEVENSON of Wood. There is a matter of a good deal of inquiry made of me about which I have not been able to give any information. Probably there is some gentleman here authorized to say something in reference to the distribution of the address of our member, Mr. Willey. I understand the speech is printed - some 10,000 copies of it - or if not entirely printed, nearly ready for distribution. Quite a number of gentlemen here going to great distance are very anxious to take the speech along with them and they will leave this evening after the Convention adjourns. If any gentleman can say whether or not they can get the speeches, I wish he would.
MR. ROSS. I presume it is known that the address has been published by the Central Committee and that upon application to that committee in this city that address can be obtained. Mr. Hubbard, I believe is one of the principal members of that committee, and I presume he could give every information necessary in order to allow members to get it.
The completed journal was then read by the Secretary; and, in pursuance of the resolution offered by Mr. Van Winkle, the Convention adjourned.
Before pronouncing the adjournment, PRESIDENT SOPER addressed the Convention as follows:
Gentlemen: Before I pronounce this Convention adjourned, permit me to return to you, individually and collectively, my sincere thanks for the kindness I have received at your hands. The unanimity and good feeling which have characterized the Convention give assurance that the great object we had in view will be confirmed by an overwhelming majority of the people of this State; and I trust that in the providence of God a very large part of you, if not all, will be permitted to return to this city in the discharge of the high and important duty devolving on those who will be charged with putting into operation the Government of the State of West Virginia.
Gentlemen, I now take my leave of you, and bid you all an affectionate farewell.
This house stands adjourned according to the terms of your resolution.
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Chapter Eleven: First Constitutional Convention of West Virginia


text:
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subset: commoncrawl


text:
The Lakers were down to five healthy and eligible players Wednesday night when center Robert Sacre picked up his sixth personal foul, fueling hope for a struggling Cleveland team that it would play the final 31/2 minutes with a man advantage.
It was merely a Sacre-tease.
An obscure NBA rule requiring each team to have five players on the floor nullified a Cavaliers power play. Sacre, though penalized with a technical foul, was allowed to remain in the game, and the Lakers won, 119-108.
Some of sports' most head-scratching moments stem from rules that are rarely applied, and plenty of managers, coaches and players have experienced the kind of confusion that surrounded the end of the Lakers-Cavaliers game.
Angels Manager Mike Scioscia is a rules expert who is rarely puzzled by the most convoluted of plays, but he was admittedly stumped during a game against Seattle a few years ago.
Caught in a rundown between second and third, the Mariners' Ichiro Suzuki bolted toward the outfield grass, where the shortstop normally plays, and back toward the infield grass, a zig-zag that seemed in clear violation of a rule requiring him to be within three feet of the basepath.
But Suzuki was not ruled out immediately, giving a trailing runner ample time to advance to second base.
The reason umpires allowed Suzuki's serpentine route can be found in Rule 7.08 (a), which states a basepath is established "when the tag attempt occurs," and that a runner is out when he runs more than three feet away from his basepath "to avoid being tagged."
"Everyone assumes if you're out of the baseline, you're out," Scioscia said. "But the umpires said you can run wherever you want until the tag is being made. I lost that argument, but we still have that play on tape. We use it as a training tool."
A look at some other strange-but-true rules from the four major sports:
Through the wickets
Denver fans are still reeling over the botched snap that went over quarterback Peyton Manning's head and into the end zone for a safety that gave Seattle a 2-0 lead on the first play of the Super Bowl.
Had Manning been under center instead of in the shotgun formation, the safety could have been avoided. Under a seldom-invoked rule, a snap that goes through a quarterback's legs but is never touched by him is a dead ball.
The situation unfolded in a 2007 NFL game between Chicago and Philadelphia. Bears center Olin Kreutz snapped a ball that went through quarterback Brian Griese's legs. Eagles safety Sean Considine recovered, seemingly putting his team in position to take the lead.
But because Griese never touched the ball, referee Ed Hochuli called the play dead and penalized Chicago for a false start. The Bears went on to win, 16-9.
Fourth out required
A team has the bases loaded with one out, the manager calls for a suicide squeeze, and the bunt is popped up. The first baseman catches the ball and, after the runner sprinting home crosses the plate, tags first for a double play. The inning is over and the run doesn't count, right?
Wrong. Under baseball rules, the defensive team would have to appeal the play at third and tag the third-base bag before that runner is ruled out. If all nine fielders head to the dugout and cross the foul line, the inning is considered dead. The defensive team forfeits its right to appeal, and the run would count.
"We call it the fourth-out-of-an-inning rule," Scioscia said. "You have to be cognizant of the fact that if the runner scores before first base is tagged for the third out, then that run counts until you go tag third base."
Wrong-way Nate
In a 2009 game between New Jersey and New York, Knicks guard Nate Robinson took an inbounds pass in the backcourt with 0.5 seconds left in the first quarter and, on a whim, fired a shot toward his own basket that went in for an apparent three-pointer.
Though time expired before the shot, Robinson took all kinds of heat from then-Knicks Coach Mike D'Antoni and broadcaster Marv Albert.
"That is a ridiculous move," Albert said. "He thought time had run out, but you never know. I don't know if he was confused as to which direction he was going."
But even if time hadn't expired, the shot would not have counted for the Nets. Under NBA rules, a player cannot score on his own team unless on accident.
For example, if a basket is made on a tip during a fight for a rebound, the points are credited to the closest offensive player.
Had Robinson's shot been made within regulation time, the play would have been ruled a turnover, the ball going to the Nets without a change of score.
Blades of infamy
Few Southern California fans knew of an NHL rule restricting the curvature of a hockey stick's blade to three-quarters of an inch until Kings defenseman Marty McSorley was penalized at a most inopportune time.
The Kings won the first game of the 1993 Stanley Cup Finals and had a 2-1 lead over Montreal with two minutes left in Game 2 when Canadiens Coach Jacques Demers asked that the curve of McSorley's stick be measured.
The stick was deemed illegal, McSorley went to the penalty box, and Montreal scored on the ensuing power play to send the game to overtime, where Eric Desjardins beat Kings goalie Kelly Hrudey for the game winner. The Canadiens went on to win the series in five games.
Just for kicks
Though it has been 37 years since it was last used successfully, the fair catch kick rule still exists in the NFL.
The rule allows a team that has made a fair catch to take a free kick — uncontested by the defense — at the goal posts. The kicking team may not use a tee. The ball must be placed or drop-kicked.
A successful kick is awarded three points. The last converted fair catch kick was a 45-yarder by San Diego's Ray Wersching against Buffalo in 1976. Perhaps the most famous one was Mac Percival's 43-yarder with 20 seconds left that gave the Chicago Bears a 13-10 win over Green Bay in 1968.
San Francisco's Phil Dawson fell short on a 71-yard attempt against St. Louis last September, and Arizona's Neil Rackers (68 yards) and Green Bay's Mason Crosby (69 yards) fell short on 2008 attempts.
Obstruction is justice
In one of the most bizarre endings in World Series history, St. Louis defeated Boston in Game 3 last October on an obstruction call that allowed the winning run to score.
Cardinals runner Allen Craig tripped over Red Sox third baseman Will Middlebrooks while trying to score on an errant throw into left field.
Left fielder Daniel Nava's throw beat Craig to the plate, but umpire Jim Joyce ruled correctly that Middlebrooks, who remained on the ground in the third-base line, had obstructed Craig.
According to Rule 2.00, "After a fielder attempts to field a ball and misses, he can no longer be in the act of fielding. For example: an infielder dives for a grounder and the ball passes him and he continues to lie on the ground and delays the progress of a runner. He very likely has obstructed the runner."
Faked 'em out, temporarily
In one of the more hotly protested games in NBA history, Lakers guard Norm Nixon faked the second of two free throws with his team down by two points and three seconds left against San Antonio in December of 1982.
Players from both teams were drawn off their lines, resulting in a double lane violation.
Officials called for a tipoff at center court, which the Lakers won, and Nixon scored to force overtime.
The Lakers won in double overtime, but the Spurs filed a protest, arguing that Nixon should have been forced to take the second free throw.
The league agreed, the Spurs won when the last three seconds were replayed when the teams met later in the season. The NBA rule book now states that "the free-throw shooter shall not purposely fake a free-throw attempt."
The ultimate no-show
A quick scan of the NHL rule book leaves you with this thought: These guys think of everything. There are several guidelines to follow if a referee or linesman has to leave the ice because of injury, and then there is this gem:
"If, through misadventure or sickness, the referees and linesmen appointed are prevented from appearing, the NHL will make every attempt to find suitable replacement officials; otherwise, the coaches of the two clubs shall agree on referees and linesmen.
"If they are unable to agree, they shall appoint a player from each side who shall act as referee and linesman, the player from the home club acting as referee and the player from the visiting club as linesman."


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Wide receiver Sidney Rice didn't contribute much to the Seahawks' run to the championship last season and it appears he won't contribute anything to their title defense in 2014.
Adam Schefter of ESPN reports that the Seahawks will release Rice in the near future. The writing on the wall for this move started long before Rice tore his ACL in October. He was moving steadily down the depth chart as the team looked to other wideouts and his contract had him set to make $8.5 million with a cap charge of $9.7 million.
Releasing Rice will clear over $7 million in cap space for the Seahawks to use to bolster the team in other areas. Rice had a total of 97 catches and 12 touchdowns over 33 games for Seattle over the last three seasons.
With Rice gone and Golden Tate headed for free agency, the Seahawks have Percy Harvin and Jermaine Kearse as their top receivers currently under contract. Doug Baldwin is set to be a restricted free agent and should be back as well.


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01-22-2012 12:06 PM - edited 01-22-2012 12:09 PM
I experience the following problem with a new one week old Lenovo X220 built with Intel Advanced-N 6205:
After 3-5 hours it disconnects from a wifi router and would not be able to connect to it until I reboot the router.
It happened the first time on Friday, I was connected to our Verizon FIOS router and after 5 hours I lost connection and won't be able to connect for 2 hours trying every possible thing until I rebooted the router, what I didn't have to do with countless number of other laptops/cell phones.
Now X220 loses wifi connection every 3 hours and won't be able to connect until the router is restarted. All other devices in a house work perfectly fine, my roommates probably already hate me for rebooting the router.
Router: Actiontec M1424WR (Verizon FIOS)
Other devices which were and still are able maintain connections with this router for many hours w/o similar problem:
- my old Dell Latitude E6400
- my Samsung Captivate cell phone
and bunch of other HP laptops, macbooks etc.
What I tried and what did not help:
- rebooting X220
- turning X20 off/on
- installing the latest drivers for Intel 6205 card for the Intel website
- installing/uninstalling Intel Wifi tools and Access Connections
- restoring from a backup (not a complete factory setting restore)
- setting DNS/IPs manually for IPv4 and turning off IPv6
I tried to collect some logging with netsh tracing and it only tells that the driver disconnects during acquisition.
Some clue I discovered the minute ago:
after removing the wireless profile and trying to connect to the router, Win 7 doesn's ask for a WEP key until the router is rebooted, looks like the issue is on a very low level, on the initial stages of a connection establishment.
What was not tried:
- I didn't have access to any other router right now to try it out.
NOTE: For now I do not have access to router to upgrade it or to change settign, can only plug off/on power.
UPDATE: I believe it is getting worse and this time X220 didn't manage to stay connected even 20 minuts and I had to reboot my router again.
01-22-2012 06:34 PM - edited 01-22-2012 06:37 PM
When it is reproducible in Win 7, went to Ubuntu Live CD and everything works there.
So the problem is either inside:
- router
- Win 7 Intel 6205 drivers including shipped and the latest one
I don't think it is that low level though as I thought, as in Win 7 it tries to reconnect each time disconnecting during "Identifying Network" stage, and setting IP, gateway and DNS manually do not help.
UPDATE: I was able to update Verizon FIOS router to the latest firmware and switched it from WEP to WPA just in case.
We have two X220 laptops with Intel Centrino Advanced-N 6205 wifi chips and have experienced wifi connectivity issues. One runs ubuntu, the other runs Windows 7. Both laptops are configured with 2x2 antennas since we want the built-in webcam.
At the office, we have a Ruckus solution (3 APs + a controller). I use the X220 on Win7 and at home I use an Airport Extreme. Generally, I've seen spotty wifi performance on my X220 in various scenarios compared to my other computers (Macbook Air 13", Macbook Pro 15").
Has anyone else been having poor wifi performance? Any particular settings to try?
I have this exact same problem. And like you, it is getting worse. Please post if you find a solution. thanks!
Also having this issue, X220 4286-CTO with Intel Advanced-N 6205. Updated drivers, chipset, BIOS and still having intermittent connectivity issues.
|Kudos Count


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HANG TIME SOUTHWEST — Dwight Howard is the latest athlete to give PRP –platelet-rich plamsa — therapy a whirl.
The Los Angeles Lakers will play at Minnesota Friday night, but Howard left the team to return to Los Angeles. He will see Dr. Steven Yoon and undergo the PRP procedure on Saturday, the team announced, in hopes of speeding up the recovery of his injured right shoulder.
Howard will then fly to Detroit and rejoin the team, although his status for Sunday's game against the Pistons is unclear.
PRP has been around for more than a decade, but mostly relegated to athletes or patients with exceedingly deep pockets. Athletes in all sports have undergone the procedure, from golf's Tiger Woods, tennis' Rafael Nadal, baseball's Alex Rodriguez and football's Troy Palamalu, among many others.
In 2011, Kobe Bryant flew to Germany to undergo what was called a derivative of the PRP procedure on his right knee. Last offseason it was reported that injured 76ers center Andrew Bynum would also undergo PRP in Germany. Brandon Roy, forced into retirement by chronic knee issues, had the procedure, and it helped him decide to attempt a comeback with the Minnesota Timberwolves, although he has been beset by multiple setbacks.
In Howard's case, he is seeking to avoid surgery during the season to repair his sore right shoulder, the same injury that kept him out of three games in January. Howard had been playing through the pain until he re-aggravated the injury during the fourth quarter of Wednesday's ugly loss at Phoenix.
So what is PRP?
The procedure utilizes platelets from the athletes' own blood to rebuild a damaged tendon. It has been successful in relieving pain and jumpstarting the healing process. The patient's blood is drawn and placed in a centrifuge for 15 minutes to separate out the platelets. The layer of platelet-rich plasma is then injected into the affected portion of the tendon with the guidance of an ultrasound machine.
There is a short recovery period so Howard might not be able to play in Sunday's game. Obviously the hope is that it will alleviate Howard's pain and help his shoulder heal enough so that he can continue to play throughout the season as the Lakers fight for playoff positioning.
L.A. had its modest three-game winning streak snapped at Phoenix on Wednesday night. At 20-26, the Lakers enter tonight's game at Minnesota four games behind Houston for the eighth and final playoff spot.
Although Howard has had an up-and-down season, he still remains the Lakers' best hope to make a playoff push. He's a defensive anchor on a team that struggled all season at that end. He's second on the team in scoring behind Bryant at 16.5 ppg and he leads the team in rebounding at 11.9 rpg.
The Lakers lost all three games that Howard missed in January, losing to Houston, San Antonio and Oklahoma City.
While PRP is not a miracle cure by any stretch, it might be Howard's best — and last chance — to salvage the season.


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SOUTH BEND, Ind., Jan. 5 (UPI) -- Scott Martin scored 22 points and Jack Cooley finished with 19 points and 13 rebounds Saturday in No. 19 Notre Dame's 93-74 win over Seton Hall.
Eric Atkins had 17 points and 10 rebounds in the Big East opener for the Irish (13-1, 1-0 Big East).
The victory extended Notre Dame's winning streak to 11 games and gave the Irish 10 wins over Seton Hall (12-3. 1-1) in their last 11 meetings.
Fuquan Edwin and Aaron Cosby scored 21 points each to lead the Pirates, who had won seven in a row prior to Saturday's meeting.
Seton Hall held a 13-11 lead early in the game but Cooley sank a layup with 11:01 to play in the first half that gave Notre Dame the lead for good.


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Availability: Out of stock
Get game-day ready in this strong athletic style. Our Versus shorts are a high contrast two-tone suit with lateral bands of bold colour and our logo at front. Be in your element with Arena.
High impact in the water, low impact on the environment. Our Waterfeel X-Life Eco fabric is a sustainable swimwear textile made of recycled post-consumer materials. It can stand up to chlorine and sunlight, maintaining a perfect fit. Soft enough to make you feel like there's nothing between you and the water.
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Follow the washing instructions given on your product label.
The label provides useful symbols giving information on how to take best care of it.


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Not been posting but checking in occasionally, nothing much to add or report.
The past few months been watching a few apocalyptic type films, but nothing of note really - Here Alone; Plan Z; The Rezort; The Girl With All The Gifts; The Refuge; Z for Zachariah, etc.
However, I've just recently watched 'Daylight's End' (2016) not big budget I don't think, but wow, I really enjoyed it...a mix of Mad Max meets 24 Days Later !
I really liked the method of filming, the use of firearms and tactics...sometimes you find a gem like this amongst all the shit !
Recommended !!!


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Needle Tool
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Science of Self Mastery
New theories from quantum physics and neurophysiology can give us greater awareness and insight into our true nature. Looking within we move out into the world with greater wisdom, self-mastery and influence.
Who … Where …. Why ….. ?
Who am I, where am I going and why? Join me to ask these questions and find the answers. Let's explore how we think, imagine our futures, influence ourselves and others, and create new possibilities.
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Welcoming a new vision for a new year
Personal Post by Carole Brown – Published at the RPA's Repatterning Journal 1st January 2018. I received a wonderfully gentle resonance repatterning session at the start of the year which left me feeling relaxed in my body in a way that … Continue reading


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Thank God Lyrics
I want to thank you for never being there. Your absence has forced me to find my own way, while others are led through life with a blindfold; I can see clearly, the rain will wash me away. I reject the thought of a god when all we see is the work of an ill-fated world. I reject a liar's cross. Who am I to say what I believe is right for the masses? I just know it's right for me. For this I have secured my place in hell, but every day I face is my own heaven in the making. What do you believe in? What do you think is right? Centuries have passed; the voice of reason is still being suppressed. Salvation dances in front of their faces, but they're too blind to see. I reject the thought of a God, when all we see is the work of an ill-fated world. I reject a liar's cross. Thank you for never being there and thank God for never being there.


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Rebuilding Alvin: Robert Waters
A series on the people reassembling the iconic sub
Since the beginning of 2011, Alvin, the U.S. science community's only human-occupied submersible dedicated to deep-sea research, has been undergoing a thorough overhaul and upgrade that will enhance its capabilities. The improvements include a new personnel sphere, updated command-and-control systems, enhanced lighting and high-definition imaging systems, new syntactic foam to provide buoyancy, and more and larger viewports, or windows.
The centerpiece is a larger personnel sphere with improved interior design to enhance the comfort of pilots and researchers who will occupy it. The titanium sphere is also designed to withstand pressure at depths of 6.5 kilometers (4 miles), with the eventual goal of allowing Alvin to dive beyond its current 4.5-kilometer (2.8-mile) diving capacity.
Now in the final stages of the first phase of the upgrade, the iconic sub is being painstakingly reassembled, piece by piece, by a one-of-a-kind team of engineers, technicians, and pilots at Woods Hole Oceanographic Institution (WHOI). They also carefully inspect and test each component to ensure its reliability and the safety of those who will use to sub to explore the depths.
Here, Alvin pilot Robert Waters describes some of his work on enhanced propulsion controls for the new sub:
Why use a microscope? Because I'm old! No, really, I use it all the time. The components are all surface-mounted parts on a circuit board, and they're small parts.
In this picture I was working on the propulsion control box for Alvin, using a soldering iron to do some modifications to the circuitry inside there.
The propulsion control box is the interface between the pilot's joystick controls, the sub's computer, and the motor controllers that drive the thrusters. This is a part taken from the old sub that we updated for the new sub.
In the old sub, everything was manual, and there was no 'automatic' setting. The new sub has a closed-loop control system, meaning the computers can automatically maintain a position, for example, or drive in a perfectly straight line. That's one of several various automatic operating modes a pilot will now be able to choose in the new sub. This box selects those modes.
It's about having back-up control methods for the thrusters, in case there's ever a problem in the system. Say, for instance, you lose one of the lateral thrusters. In the new sub, you can switch over into what's called 'differential mode,' meaning you can drive the port and starboard aft thrusters in opposing directions, and use that opposing thrust to turn the sub.
The pilot also uses this box to select where the controls come from. The pilot can control the sub from the joystick inside the sphere or can dial in to activate particular vertical or lateral thrusters. Or you can also control Alvin from its sail—above the hatch in the little conning tower. That's so the pilot can stand up in there and drive the sub like a boat. We use that when we do sea trials. You can use the sail controls to drive the sub around behind the ship. You couldn't drive the sub from below and know where you're going, because we don't have a periscope!
I started at WHOI in 1996. I just saw an ad to work here in a magazine. So I put in for the job. I didn't hear anything for a year. Then out of the blue, they called me up and said, 'Can you start next week?' So I did.
I made Alvin pilot in two years and piloted for the next three. Then I was a pilot for the remotely operated vehicle Jason for 12 years or so. I came back here last April as a full-time Alvin pilot. I maintain the main schematic of the submarine—kind of the 'maintainer' of the overall electrical drawing.
Alvin is owned by the U.S. Navy and operated by WHOI. The current upgrade has been funded largely by the National Science Foundation, with support from private donations to WHOI.