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South African Journal of Chemistry
On-line version ISSN 1996-840X
Print version ISSN 0379-4350
S.Afr.j.chem. (Online) vol.67 Durban Jan. 2014
Synthesis of MoS2 inorganic fullerene-like nanoparticles by a chemical vapour deposition method
Bin Gao*; Xiaojun Zhang
School of Science, Xi'an Polytechnic University, Xi'an 710048, China
MoS2 nanoparticles with fullerene-like structure (IF-MoS2) were successfully obtained at heating temperature higher than 840 °Cby a chemical vapour deposition method using MoO3 and sulfur powders as raw materials. The synthesized samples were characterized by XRD, SEM, TEM, EDX and Raman spectrometry, respectively. The reaction temperature has important influences on composition and morphology of the products, and pure IF-MoS2 nanoparticles can be obtained only in the narrow temperature range of 840-870 °C. Diffraction peak (002) of IF-MoS2 nanoparticles moves to small angle compared to that of 2H-MoS2, indicating that the adjacent lattice spacing along the c-axis of IF-MoS2 nanoparticles is about 2 % larger than that of layered 2H-MoS2. The peaks at 155 cm-1, 349.8 cm-1 and 281.7 cm-1 in the Raman spectrum of bulk and layered MoS2 are absent, which is attributed to MoS2 layer folding or curling along Γ-M in Brillouin zone to form fullerene-like polyhedra and nanotubes. In addition, a gradual formation mechanism of IF-MoS2 nanoparticles was discussed in detail.
Keywords: Synthesis, molybdenum disulfide, nanoparticles, fullerene-like structure, chemical vapour deposition.
1. Introduction
The discovery of carbon fullerenes and nanotubes,1,2 their outstanding properties and potential applications, has attracted intense experimental and theoretical interest. The propensity of graphite nanoparticles to form hollow closed structures stems from the high energy of dangling bonds at the periphery of the nanoparticles, and the property is also common to layered transition metal chalcogenides including sulfides, selenides and tellurides.3-6 The layered semiconductor molybdenum disulfide (MoS2), composed of S-Mo-S trilayers and separated by relatively large Van der Waals gap, present many interesting characteristics in several fields, such as catalysis, photoconductivity, hydrosulfurization and triboloical properties.7 Applications of pure MoS2 powder could be envisioned in high vacuum and microelectronics equipment, where organic residues with high vapour pressure can lead to severe contamination problems. Unfortunately, MoS2 platelets tend to adhere to the metal surfaces through their reactive prismatic edges, in which configuration they 'glue' the two metal surfaces together rather than serve as a solid lubricant. During the mechanical action of the engine parts, abrasion and burnishing of the solid lubricant produce smaller and smaller platelets and increase their surface area and, consequently, they tend to stick to the metal surfaces through their reactive prismative edges. The exposed prismatic edges are reactive sites, which facilitate chemical oxidation of the platelets. These phenomena adversely affect the tribological benefits of the solid lubricant. The spherical shape of inorganic fullerene-like MoS2(IF-MoS2) nanoparticles and their inert sulfur-terminated surface suggest that IF-MoS2 nanoparticles can be used as a solid lubricant additive in lubrication fluids, greases and even in solid matrices. IF-MoS2 nanoparticles are expected to behave like nano-ball bearings and upon mechanical stress they would slowly exfoliate or mechanically deform to the shape of a rugby ball, but would not lose their tribological benefit, until they are completely gone, or oxidized.8-10 Apart from the outstanding mechanical properties,11,12 inorganic fullerene-like MoS2 nano-particles and nanotubes have drawn a great deal of attention for their interesting properties and important applications as solid-state secondary lithium battery cathodes,13 hydrogen storage,14 host-guest compounds,15 scanning tunnelling microscope tip16 and industrial catalysts for hydrodesulfurization of crude oil.17
Quite a few techniques for the synthesis of large amounts of inorganic fullerene-like MoS2 nanoparticles and nanotubes,18-21 which were first reported by R.Tenne et al.,3 have been developed. For example, R. Tenne and co-workers reported the production of IF-MoS2 by the gas phase reaction between MoO3 and H2S in a reducing atmosphere (5 % H2 + 95 % N2) at high temperature,4 Chen et al. synthesized MoS2 nanotubes by direct reaction of (NH4)2MoS4 and hydrogen at a relatively low temperature about 400 °C,14,17 Hsu et al. described the generation of MoS2 nanotubes with well-defined tube walls and free of encapsulated material by heating MoS2 powder covered by Mo foil to ca. 1300 °C in the presence of H2S,22 and closed caged fullerene-like molybdenum disulfide nanoparticles were obtained via an arc discharge between a graphite cathode and a molybdenum anode filled with microscopic MoS2 powder submerged in deionized water.23 However, developing new synthetic strategies and further understanding of the formation mechanism of fullerene-like MoS2 nanoparticles and nanotubes are still challenges for scientists. In this article, we report an alternative cost-effective method for synthesis of IF-MoS2 nano-particles. The method exploits a simple apparatus that does not require toxic gas H2S, vacuum equipment or costly lasers, and may offer an opportunity for further investigation on MoS2, and will serve as a general route to the formation of transitional metal dichalcogenides.
2. Experimental
Synthesis of inorganic fullerene-like MoS2 nanoparticles was carried out in a horizontal gas-phase reactor lying in a three-zone tube furnace. The reactor, consisting of four quartz tubes, is depicted in Fig. 1. Tubes a and b served for sublimation of S (sulfur) and MoO3 powders in the argon (Ar) atmosphere. S and MoO3 powders were placed in two small quartz boats (boats 1 and 2) inside tubes a and b, respectively. The heated S and MoO3 powders were sublimed and swept by the Ar stream into the tube c through several pinholes in tubes a and b (see Fig. 1), in which the reaction took place. Tube d was used for gas exit. The reaction products were collected on a ceramic filter in the forepart of tube d (as shown in Fig. 2).
Typical experimental procedures were as follows: quartz boats 1 and 2 with S (22.4 g) and MoO3 (2.9 g) powders were positioned in zone A and B of a three-zone tube furnace, respectively. Highly pure argon gas (>99.999 %) was passed through the tubes in order to remove atmosphere and steam in the reactor, then a gas flow meter was adjusted to the required argon flow rate when zone C was heated to 550 °C with heating rate 10 °C min-1; finally the temperatures of zones A, B and C reached and were maintained at 420 °C, 650 °C and 840 °C, respectively, for 120 min. The reactor was cooled to room temperature in argon atmosphere and then black MoS2 powders were collected on a ceramic filter for analysis.
Structural characterization of products was analyzed by an X-ray powder diffractometer (XRD; RIGAKU D/max-2400, Tokyo, Japan) with Cu kα radiation (λ = 0.15418 nm) at 40 kV, 200 mA. The morphology, structure and composition of the samples were determined using a scanning electron microscopy (SEM; S-3400N, Hitachi, Tokyo, Japan) and transmission electron microscopy (TEM; JEM-3010, JEOL, Tokyo, Japan) equipped with an energy dispersive X-ray spectrometer (EDX, S-570, Japan) and operated at 200 keV. Raman spectra were taken under ambient conditions using a Renishaw in a Via Raman microscope spectrometer (System-1000, Renishaw, Woburn, MA, USA) excited with a 632.8 nm Ar+ laser.
3. Results and Discussion
In order to obtain pure IF-MoS2 nanoparticles, MoS2 powders were synthesized by MoO3 and S at various reaction temperatures (zone C of tube furnace in Fig. 1). Figure 3 presents the XRD patterns of the products synthesized at 650 °C, 700 °C, 750 °C, respectively, keeping the high pure argon flow rate constant. In addition to MoS2 peaks, the XRD patterns of products include peaks from MoO3 and MoO2 at 650 °C, and MoO2 peaks at 700 °C. Impure products are obtained at both temperatures, comprising MoS2, MoO3 and MoO2 at 650 °C and MoS2 and MoO2at 700 °C. It shows that the reaction does not take place completely, leading to presence of reaction intermediate (MoO2) and raw material (MoO3). No impurity peaks were observed from the XRD spectrum of the products synthesized at 750 °C. All the peaks can be indexed to MoS2, which is in good agreement with the reported value from standard card (JCPDS No. 77-1716). The XRD patterns indicate that very pure MoS2 powders were synthesized at 750 °C. Although reaction of MoO3 and S can occur to form MoS2 at 600 °C,24 it takes a long reaction time to generate MoS2 by the reaction between MoO3 and S gas molecules with low activity at 650 °C, 700 °C. Therefore, the products are not pure MoS2 at lower temperatures (<750 °C). The activity of MoO3 and S sublimations increases with reaction temperature, leading to the generation of pure MoS2 during short time and becoming conformation.
Figure 4 shows a series of SEM images of MoS2 powders synthesized at 800 °C, 840 °C, 870 °C, 900 °C, respectively, keeping the argon flow rate constant. It can be seen that MoS2 crystals with platelet structure obtained at 800 °C, whose shapes were principally quasi-round or regular hexagon, are uniform and loose nanoparticles with size about 150-300 nm (Fig. 4a). At 840 °C, MoS2 nanoparticles with quasi-sphere structure are synthesized, with sphere diameter of approximately 60-90 nm (Fig. 4b). MoS2 nanoparticles with quasi-sphere structure were observed as well at 870 °C (Fig. 4c), with diameter about 200 nm, which is greater than that of products obtained at 840 °C. At 900 °C, reaction products are MoS2 nanoparticles with similar shape to that synthesized at 800 °C, the diameters of the nanoparticles are larger than that of samples synthesized below 900 °C. Meanwhile, a MoS2 micrometer particle, with diameter around 2000 nm, was observed (arrow in Fig. 4d), it might be formed of MoS2 nanosheets interconnecting. The experimental results above demonstrate that the diameters of MoS2 nano-particles with same structure (platelet or sphere) may increase with reaction temperature.
Figure 5a is a HRTEM image of a randomly chosen single IF-MoS2 nanoparticle synthesized at 840 °C from MoO3 and S powders. The diameter of the IF-MoS2 nanoparticle is about 60 nm, and the crystal lattice is similar to structure of fullerene C60, consisting of a series of empty spheres with different diameters. Figure 5b presents a TEM image of an optional individual MoS2 nanoparticle obtained at 870 °C. Because of the diameter of the nanoparticle being too large (about 220 nm), the entire lattice structure of the IF-MoS2 nanoparticles is hardly displayed. The fringe structure of the marginal part (the box diagram at the bottom left corner in Fig. 5b) of the IF-MoS2 nanoparticle is displayed in Fig. 5c (the inset HRTEM image at the top right corner in Fig. 5b).We can see that MoS2 layers terminate and layers dislocate (black arrow in Fig. 5a and Fig. 5c); generally, it is attributed to the formation of defects of the MoO3 precursor nano-particles or the short-term shortage of supply of raw materials in IF-MoS2 nanoparticles formation process.4,25 Simultaneously, crystal lattice fringe of MoS2 nanoparticles with fullerene-like (IF-MoS2) is 0.632 nm (the distance between white arrows in Fig. 5c), which is larger than the value of 2H-MoS2 (0.612 nm). The lattice expansion is about 3.2 %, which is attributed to the less strain in the bent MoS2 layers. Energy dispersive X-ray (EDX) spectrum measurement was used to characterize the overall chemical composition of the IF-MoS2 nanoparticle, and the result is shown in Fig. 6. Strong peaks associated with S and Mo are found in the spectrum. The Cu signal comes from copper grid used to support sample in the process of TEM analysis. Quantitative analysis shows thatMo: S is about 1:2.02, consistent with atomic ratio of MoS2 structure, which proves that the synthesized products are IF-MoS2 nanoparticles.
IF-MoS2 nanoparticles are generated by sulfidization of suboxide MoO3-x nanoparticles,4 which are products of partial reduction of the molybdenum trioxide molecular clusters. According to the model, a synergy between the reduction and the sulfidization processes which occurs in a very narrow window of parameters is necessary, if not, the 2H-MoS2 would form.25-27 Reaction temperature plays an important role in synthesizing fullerene-like MoS2(IF-MoS2) nanoparticles. The precursor MoO3molecular cluster is composed of two octahedra connected via a corner oxygen atom. While MoO3 molecular clusters are reduced into MoO3-x nanoparticles, a few oxygen atoms leave the octahedron, and oxygen vacancies are thus formed. Lower critical concentration (threshold value) of vacancy is required for the shear process to occur at higher temperature. The induction period for generation of threshold concentration of vacancy on the crystallite surface decreases with temperature. At lower temperatures (800 °C), the rate of the shear process (reduction) is slow compared with sulfuring by the vacancy and consequently sulfur trapping predominates. At higher temperatures (900 °C), the rates of both the shear process and sulfur trapping increase with temperature, the former one predominates. At intermediate temperatures (840-870 °C), the rates of both processes have the same order of magnitude and, moreover, sulfidization and shear appear at the same time, leading to the formation of inorganic fullerene-like MoS2.
The experimental results show that diameters of IF-MoS2 nanoparticles increase with reaction temperature. MoS2 layer formed in the process of partial reduction of MoO3nanoparticles is chemically inert and prevented MoO3 nanoparticles from growing further, therefore the IF-MoS2 nanoparticles diameters are determined by that of precursor MoO3 nanoparticles.28 The vapour phase of MoO3 consists predominantly of the molecular clusters Mo3O9,Mo4O12 and Mo5O15.29 The cluster Mo3O9, which has a hexagonal ring structure, is the most stable one, and consequently, it is the most volatile cluster of the three. In the next step, these clusters condense into MoO3 nanoparticles. At a lower temperature, volatilization of MoO3 powder is slower, (MoO3)3 molecular clusters concentration in tube b is lower. Due to smaller collision probability of the molecular clusters, the diameters of precursor MoO3 nanoparticles condensed by these clusters are minor. Thus, finally obtained IF-MoS2 nanoparticles are smaller. On the contrary, with increasing reaction temperature, MoO3 powder volatilizes quickly, the diameters of MoO3 nanoparticles are accreted, leading to the formation of bigger IF-MoS2 nanoparticles. The diameter of MoO3 nanoparticles precursor converting into IF-MoS2 nanoparticles, however, has a critical value about 300 nm reported by R. Tenne and co-workers.30 Above that value, 2H-MoS2 platelets will be obtained. Therefore, reaction temperature at and above 900 °C the diameters of MoO3 precursor nanoparticles are larger than 300 nm and 2H-MoS2 platelets are synthesized finally. The size of the layered MoS2 nanoparticles obtained at low temperature (800 °C) is larger than that of IF-MoS2 nanoparticles at high temperature (840 °C and 870 °C), which is due to predomination of sulfur trapping at this time.
Figure 7 presents the XRD pattern of the IF-MoS2 powder synthesized at 870 °C. We can see that all the diffraction peaks in the XRD spectrum of the sample can be indexed to MoS2, which indicates that the product is pure IF-MoS2. The inset at top right corner is an enlarged pattern of the (002) peak of XRD spectrum of the IF-MoS2 powder with diffraction angle of 12-15 °. The inset pattern displays that (002) peak of IF-MoS2 lies in 13.89 °, that of layered hexagonal 2H-MoS2 is at >14.38 ° (vertical line as shown in the inset pattern),which shows that the position of the (002) peak of IF-MoS2 shifts to a lower angle. The shift indicates a lattice expansion of ca. 3.2 % between two adjacent MoS2 slabs along c-axis, the value is consistent with HRTEM result and larger than that (ca. 2 %) reported in literature.4 It is generally considered that this shift is attributed to the less strain in the bent layers. Furthermore, since the number of atoms in the layers increases with nanoparticles radius, the layers cannot be fully commensurate.26 According to the literature,4,25,26 the shift proves that MoS2 has a fullerene-like structure. The result is in accordance with the conclusions of the HRTEM observation.
Raman spectrum measured at room temperature of IF-MoS2 powder obtained at 870 °C is shown in Fig. 8, the excitation source used for the argon ion laser with wavelength 632.8 nm. Raman spectrum is the same as those obtained by G.L. Frey,30 and all characteristic peaks are less than 833 cm-1. Two strongest characteristic peaks of synthesized IF-MoS2, at 375.7 cm-1 and 402.2 cm-1, are at lower wave numbers than those (378 cm-1 and 407 cm-1) of samples synthesized by G.L. Frey. They are at 384 cm-1 and 409 cm-1 in 2H-MoS2 spectrum, which correspond to E2g and A1g vibration modes respectively.31 The peaks of 155.1 cm-1, 349.8 cm-1, 281.7cm-1 are absent in bulk and layered 2H-MoS2.31 Raman spectrum of IF-MoS2 obtained by G.L. Frey only exist 283 cm-1 peak, and simultaneously exist 155 cm-1 peak by L.D. Whitby,26 which are attributed to MoS2 layers folding or curling along Γ-M direction of Brillouin zone to form fullerene-like polyhedron and nanotube.26 This is strong evidence that MoS2 samples obtained in our experiments have inorganic fullerene-like structure. All wave numbers of characteristic peaks of the samples are lower than that reported previously, that may be attributed to differences in experimental conditions.
R. Tenne and co-workers think fullerene-like MoS2 nano-particles and nanotubes are formed by reacting the MoO3 vapour with H2S in the reduction atmosphere (5 % H2 + 95 % N2) step by step, reaction equations can be described by4,24,25
In our approach, large amounts of fullerene-like MoS2 nano-particles were synthesized through reaction of MoO3 precursors with sulfur vapour, in which S, instead of H2S and H2, is both reducing agent and sulfuring agent, the overall reaction equation is
Notwithstanding exact formation mechanism of synthesizing IF-MoS2 nanoparticles using MoO3 and S sublimations is still unclear, the synthesis method is contrasted with the reaction of MoO3 and H2SinH2 atmosphere, synthesized products are also including MoO2, considering the literature4,24,26,32 and experiment results, we infer the formation of IF-MoS2 nanoparticles synthesized reacting the MoO3 vapour with H2Sis also the result of reduction and sulfuration. Possible reaction equations can be described as follows
where 0.1 < x <0.5. In the process of synthesis, MoO3 precursors and S vapour are reactants. At lower temperature, incomplete reaction takes place and leads to forming an intermediate product due to the lower the activity of reactants. MoO2 is one of the most stable in Mo compounds, so intermediate product exists generally in form of MoO2. Below 750 °C, we obtained products including MoO2. In Equation (4), if x = 1, the product becomes MoO2, reaction equation is shown as
4. Conclusion
By using MoO3 and S (sulfur) as raw materials, MoS2 nano-particles with inorganic fullerene-like structure were reproducibly obtained by a chemical vapour deposition method as experiment conditions were precisely controlled. Highly pure Ar (argon) gas served as carrier gas in the synthesis process. This method broke though the limitation that corrosive toxic gas H2S or high-priced H2 was unavoidable in the formation of IF-MoS2 nanoparticles and nanotubes. On the basis of previous work and experimental results, a new reaction mode (formation mechanism) has been proposed, which method provides a scale-up and low-cost route to synthesizing IF-MoS2 nanoparticles, laying foundations for further investigation of physical and chemical properties of the IF-MoS2 raw materials. The synthetic approach can be potentially developed into a general method to preparing transition metal chalcogenides with the fullerene-like structure.
This work was supported by the National Nature Science Foundation (51172187), the SPDRF and 111 Program (B08040) of MOE of China, the Special Scientific Research project Foundation of the Education Department of Shaanxi Province of China (09JK447), the special foundation item of the key academic subjects development of Shaanxi province [Shaanxi education Supporting (2008)169].
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Received 31 December 2012
Revised 6 September 2013
Accepted 13 September 2013
* To whom correspondence should be addressed. E-mail: email@example.com


text:
Resort project opens tiny Bimini to the world
BIMINI, Bahamas (AP) — Every time a cruise ship docks in Bimini, the population of this tiny archipelago just 50 miles off the coast of Miami could nearly double.
That may be profitable for a place that lives off tourism. But many worry the recent launch of a new cruise line disgorging hundreds of visitors each day could be too much of a good thing.
The ship is one component of a global casino company's project to bring unprecedented waves of tourists to Bimini, which has long defied change. Some fear it will destroy a marine environment teeming with fish and coral, and ruin a diving and sport-fishing capital of the world.
It's also provoking somewhat of an existential crisis, posing a challenge to Bimini's identity as a rustic and hard-to-reach getaway, known as a haunt of Ernest Hemingway and the setting for a tryst that ended a U.S. presidential run.
"Unless you are a fisherman, a diver or a drunk there was no reason to come to Bimini. But they are changing that," said dive shop operator Neal Watson. "It's getting to be a different place."
Changes are coming fast. Malaysia-based Genting Group is spending at least $300 million on Resorts World Bimini, quickly becoming the largest employer in the cluster of islands and creating sharp new demand for housing. Working in partnership with a Florida developer, the company opened a casino in June, expects to finish a 350-room hotel by Christmas and 50 luxury villas a month later on their 700 acres of North Bimini. The company has plans for shopping, restaurants and nightclubs, is considering a second hotel and is in the process of upgrading the airport to accommodate larger planes.
"It's created more jobs, of course, and you know, it is keeping people busy," said Edith Romer Johnson, who sells lobster pizza at a shop outside the resort. "And the more money we have on the island, the more it goes around."
The Bahamian government has welcomed the project, but critics say the benefits come at too great a cost.
The Bahamas National Trust, a non-governmental environmental organization created by Parliament, as well as researchers at the Bimini Biological Field Station, where scientists come from around the world to research a thriving shark population, say runoff from a proposed golf course would destroy a protected area of mangrove that acts as a nursery to the fish, conch and lobster that make the place a destination.
A secondary issue is the 1,000-foot jetty that Genting will build to shorten the time it takes to get off and on its ship, which began service in July. Opponents say the project will damage coral reefs; a company official says it complies with environmental regulations and that the site was chosen specifically to minimize any threat.
Genting, which has been seeking to build a casino in downtown Miami amid opposition, insists the golf course is still under consideration and would only be built if it can be done in an environmentally sensitive way.
"We are not here to ruin what Bimini is, we are not here to ruin the water, we're not here to ruin the pristine mangroves, the quaintness of the island," Dana Leibovitz, president of Resorts World Bimini, said on a recent afternoon at the edge of the casino, which was open but largely empty. "We want to integrate. We want to be part of the island and we want to continue for that to be the main draw to the island."
Bimini only has a full-time population of about 1,600— about the size of a full-capacity cruise ship — and has avoided mass tourism because of scarce air service and the passing Gulf Stream, which makes the crossing from South Florida too rough for small vessels much of the year.
For Eric Carey, executive director of the Bahamas National Trust, the Resorts World project is excessive for a place so small you can traverse the main island of North Bimini in a few minutes in a golf cart, rarely losing sight of the ocean in both directions.
"Everyone understands that all of our islands rely on tourism," Carey said. "But when one thinks about going beyond what's there now, with a golf course and the jetty, well that borders on being out of scale."
Thousands have come since the cruise ship service began operating, but Joseph Roberts, a commercial fisherman and proprietor of Joe's Conch Shack, hasn't seen enough new customers to allay concerns that development will contaminate the mangroves that partially encircle Bimini.
"I've got three grandsons and I hope that one day one or two of them could be fishermen ... and make a decent living," Roberts said as he pulled a giant sea snail from its shell and chopped it for salad. "What are they going to have if you destroy everything?"
This is a place with a colorful history. In the colonial era, it was a hideout for pirates who stalked treasure-laden Spanish ships coming from South and Central America and the Caribbean. During Prohibition, liquor was legal in what was then the British Bahamas, and Bimini was a source of booze for South Florida.
Bimini has also seen its share of glamor. Hemingway visited in 1935 and then returned for the summers of 1936 and 1937, writing part of "To Have and Have Not" while there, according to the text of an exhibit in a small museum in Alice Town. Other famous visitors included Martin Luther King Jr., Sammy Davis Jr., Judy Garland and Lucille Ball, who stayed at the famed Bimini Big Game Club.
Bimini won fame again when the public learned that Gary Hart, a leading Democratic presidential candidate in the 1988 U.S. election, had taken his mistress, Donna Rice, to Bimini, where they were captured in a now-infamous photo, prompting him to drop out of the race.
Cruise ships have stopped offshore in the past and ferry service has been tried from Florida. But Resorts World Bimini Bay is unprecedented, and some Biminites and visitors question whether the venture can compete with other attractions, including Baha Mar, a $3.4 billion hotel-and-casino project under construction in Nassau, the Bahamian capital.
Genting projects the number of visitors to Bimini will grow from 70,000 last year to 400,000 in 2014, which is likely to produce ripple effects throughout the local economy, a fact welcomed by Biminites like Robert Saunders, who works at a local hotel.
"There are people who don't want any progress anywhere," Saunders said. "There can be downsides and upsides, but I see more upsides."
Ben Fox on Twitter: https://twitter.com/benfoxatap

subset: commoncrawl


text:
Argument preview: Of secrecy and sandwiches
on Oct 27, 2011 at 10:47 am
Grand juries are proverbially known for two things – utmost secrecy and a malleability that allows a savvy prosecutor to indict a ham sandwich. In Rehberg v. Paulk, the Supreme Court's decision may well turn on which of these famed grand jury traits carries the day.
The issue before the court is whether a complaining witness who provides false testimony in a grand jury proceeding is entitled to absolute immunity from federal civil rights liability under 42 U.S.C. §1983. The case calls upon the Court to fill in one of the notorious gray areas in its immunity jurisprudence that has spawned a clear circuit split.
In Briscoe v. LaHue (1983), the Court held that witnesses testifying at trial are absolutely immune from civil rights liability stemming from their testimony. On the other hand, in Malley v. Briggs (1986) and Kalina v. Fletcher (1997), the Court held that a law enforcement officer and prosecutor, respectively, were not entitled to absolute immunity for acting as "complaining witnesses" by submitting affidavits in support of an arrest warrant. The question in Rehberg is whether testimony at a grand jury proceeding that results in an indictment is more like testimony of a complaining witness and hence not entitled to absolute immunity, or whether it is instead the equivalent of trial testimony and witnesses are absolutely immune from any liability.
Charles Rehberg contends that he was subjected to three false criminal indictments as a result of his whistle blowing activities at a Georgia hospital. All three indictments were the result of grand jury testimony by a district attorney investigator, James Paulk. Rehberg sued Paulk in federal court, asserting various claims, including a claim for malicious prosecution in violation of the Fourth Amendment under 42 U.S.C. §1983. Paulk moved to dismiss the complaint, contending that his testimony before the grand jury was shielded by absolute immunity under Briscoe, and that in any event he was at the very least entitled to qualified immunity in that he would not have known that his conduct was unconstitutional based upon clearly established law.
The district court denied the motion, rejecting qualified immunity out of hand because it would be reasonably clear to any police officer that perjury to procure a criminal indictment was unlawful. The district court also rejected Paulk's claim of absolute immunity, finding that his testimony in the grand jury proceeding was akin to that of a complaining witness under Malley and Kalina and not trial testimony under Briscoe. In what may or may not turn out to be important later in this case, the district court also noted that dismissal of the entire complaint at the pleading stage was improper because the complaint also alleged non-testimonial conduct by Paulk that had caused Rehberg's prosecution.
Paulk appealed. The Eleventh Circuit reversed the district court's determination that Paulk was not entitled to absolute immunity for his grand jury testimony. Relying on prior circuit precedent, the court found that grand jury testimony was the equivalent of trial testimony under Briscoe and absolute immunity applied. The court explained that allowing civil suits for false grand jury testimony would result in broad discovery that would undermine the confidential nature of grand jury proceedings and eviscerate the traditional absolute immunity for testimony in judicial proceedings.
Petition for certiorari
Rehberg filed a petition for writ of certiorari presenting a single question: whether a government official who acts as a "complaining witness" by presenting perjured testimony against an innocent citizen is entitled to absolute immunity from a Section 1983 claim for civil damages. Rehberg pointed out the longstanding conflict among the appellate courts as to whether testimony in grand jury proceedings fell within the Malley/Kalina rule that complaining witnesses were not entitled to absolute immunity but only qualified immunity, or whether grand jury testimony was akin to trial testimony for purposes of absolute immunity under Briscoe. Seven circuits lined up in the Malley/Kalina camp, while three other circuits fall in Briscoe camp.
Rehberg contended that it was necessary for the court to resolve the conflict, because the issue of whether grand jury testimony can spawn a cause of action for malicious prosecution is a source of continuing and contentious litigation. At least fifty state and federal court decisions have addressed the "complaining witness" exception to testimonial immunity.
Rehberg also asserted that the circuits extending absolute immunity to grand jury testimony had misapplied the court's precedents. The court had made it clear that absolute immunity would be extended only where there was a common law basis for doing so, and as the Court recognized in Kalina and Malley, at common law complaining witnesses were not immune from malicious prosecution claims.
Merits briefs
Rehberg leads his merits brief with his strongest point: the Supreme Court has repeatedly held that on its face, Section 1983 does not contemplate any immunities, and that to the extent any exist, it is only insofar as the same immunities existed at common law in 1871 when Section 1983 was enacted. Rehberg points out that in both Malley and Kalina the Court had concluded that under the common law in 1871 complaining witnesses could be sued for malicious prosecution.
Rehberg also argues that strong policy considerations support rejection of absolute immunity for grand jury testimony by complaining witnesses. First, distinguishing between prosecutions initiated by grand jury indictment and those initiated by a warrant or information produces absurd results. Under Malley and Kalina, a witness who testified via affidavit in support of an arrest warrant would not have absolute immunity. Yet, under Paulk's view, that same witness presenting the same testimony in a grand jury proceeding would be entitled to absolute immunity. The arbitrary nature of this distinction is underscored by the fact that in many states a prosecutor has sole discretion as to whether a case proceeds by way of information/complaint or by indictment, thus leaving the level of immunity essentially in the hands of a prosecutor. Second, Rehberg argues that victims of malicious prosecution stemming from a grand jury indictment are no less entitled to proper recompense under Section 1983 than those who have been prosecuted as a result of the filing of an information or complaint. Third, several safeguards that the Court in Briscoe found to be present at trial — such as public scrutiny and the ability to cross examine witnesses and to present exculpatory evidence – do not exist in grand jury proceedings. . Finally, Rehberg notes that allowing minimal discovery for purposes of qualified immunity poses little danger to the grand jury process. A majority of circuits have rejected absolute immunity for complaining witnesses in grand jury proceedings and the sky has not fallen, nor have the Court's decisions in Malley and Kalina opened the floodgates to litigation in cases stemming from prosecution triggered by complaints or informations.
In response, Paulk makes an interesting observation via extended footnote: the Court is determining whether absolute immunity applies to a civil claim that the Court has not recognized. In Albright v. Oliver (1994), the Court declined to create a Fourteenth Amendment substantive due process claim for malicious prosecution. Rather, the Court held that to the extent any constitutional claim for malicious prosecution existed, it lay within the confines of a more specific constitutional provision. The Albright majority declined to speculate whether the Fourth Amendment encompasses such a claim, but in a concurring opinion Justice Ginsburg strongly urged that it did. Having prevailed on absolute immunity in the Eleventh Circuit, Paulk had no reason to challenge the Eleventh Circuit's determination that a malicious prosecution claim falls within the Fourth Amendment. But his footnote amply makes the point that the question is hardly a clear one for the Court, albeit it one for another day.
On the substantive side, Paulk acknowledges that the common law in 1871 recognized a claim for malicious prosecution against complaining witnesses. But he observes that while the Court has routinely stated that it was not free to create immunities other than those existing at common law in 1871, nonetheless it had repeatedly done so, recognizing that many, if not most elements of the current criminal justice system did not truly have common law counterparts in 1871. In such cases the Court has looked to the whether the function performed is one that requires absolute immunity in order to protect the judicial process. Hence the Court has extended absolute immunity to offices that did not exist at common law, such as administrative law judges or officials of regional agencies.
Paulk contends that most prosecutions in 1871 were not brought by public prosecutors but rather by private parties. Thus, complaining witnesses were private citizens, not law enforcement officers such as Paulk. Paulk's argument focuses on the compelling public policies which led the Court to immunize trial testimony in Briscoe, noting that the same considerations were present with respect to a law enforcement officer's testimony before a grand jury. In both instances, witnesses can be compelled to testify and failure to grant absolute immunity might cause witnesses to color their testimony as to avoid potential liability, thus harming the judicial process. Paulk further contends that protections are available in the context of grand jury proceedings to deter false testimony, such as prosecution for perjury. Moreover, grand jury witnesses are subject to examination by the district attorney, who has an obligation to pursue the truth, not simply a criminal indictment. In addition, under Georgia law the grand jurors themselves could question a witness, thus subjecting the testimony to the crucible of examination.
Paulk also argues that creating a special rule for "complaining witnesses" providing testimony to grand juries would spawn broad, invasive discovery that would undermine the vital secrecy of grand jury proceedings. This is because it might not be clear in a given case whether a particular witness was a "complaining witness" or merely a percipient witness. There might be several witnesses whose testimony was pertinent to bringing an indictment, and a question would arise as to which, if any, would constitute a "complaining witness." Moreover, the grand jurors themselves might be examined to determine whether a particular witness's testimony was a causal factor in rendering the indictment. This is precisely the sort of free ranging inquiry and disruption of proceedings that the Court sought to foreclose in the context of trial proceedings in Briscoe.
In reply, Rehberg's brief again notes the virtually uniform authority extant in 1871 establishing that complaining witnesses were subject to malicious prosecution liability at common law, including liability stemming from testimony in a grand jury proceeding. Rehberg also disputes the notion that the criminal justice system in 1871 was so different from today's system as to make the common law irrelevant to the present immunity question. Numerous states had public prosecution offices by the mid-1800s. Complaining witnesses served the same function then that they do now and hence should be subject to the same potential liability for false testimony. Rehberg again underscores the lack of judicial protections in grand jury proceedings – namely, the absence of public scrutiny or meaningful cross-examination, and the prosecution's role as sole arbiter of what occurs. He dismisses the notion that it will be difficult to identify which witnesses are "complaining witnesses" providing testimony to a grand jury, given that courts have been able to apply the standard in the context of claims arising from warrants, criminal complaints, or informations under Kalina and Malley. Moreover, to the extent qualified immunity would subject defendants to some discovery, Rehberg notes that much of it would be conducted by way of deposition – shielded from public view — and that in any event courts have routinely recognized that grand jury secrecy must give way to the interests of justice when necessary.
The two amicus briefs found common ground on one point. Both the United States (in a brief authored by the Solicitor General) and the International Municipal Lawyers Association, National Association of Counties and National League of Cities (in a brief by Lawrence Rosenthal of Chapman University School of Law in Orange, California) urged the Court to follow Briscoe and hold that all testimony in a grand jury proceeding is subject to absolute immunity. The Solicitor General, however, urges the Court to vacate and remand for further proceedings by the Eleventh Circuit to determine whether the allegations of the complaint might still support a malicious prosecution claim based upon non-testimonial conduct by Paulk. In his merits brief, Paulk contends that the Eleventh Circuit has already concluded that the only conduct Rehberg identified as causing him injury stemmed from Paulk's grand jury testimony; hence, remand is unnecessary.
The municipal amici take a broader approach, reminding the Court that although the claim was brought under the rubric of malicious prosecution, at bottom it is a claim under the Fourth Amendment, and noting that the Court has yet to recognize such a claim. They further contend that such any Fourth Amendment claim is not analogous to the sort of common law malicious prosecution claim that existed in 1871 and emphasize the special role law enforcement officers play in the investigation and prosecution of crimes. Unlike the complaining witness at common law, police officers are not responsible for filing charges; that responsibility lay with prosecutors, whose actions cut off the chain of causation for any injuries stemming from the officers' allegedly improper testimony.
Like much of the Court's immunity jurisprudence, this case will likely turn upon whether the Court adheres to its often stated, but loosely applied standard of limiting immunities to those existing at common law in 1871, or whether policy considerations in the context of modern criminal prosecutions will carry the day. If the Court looks solely to any common law basis for granting absolute immunity to complaining witnesses in grand jury proceedings, it will certainly find no such immunity. On the other hand, given the realities of the current criminal justice system, there are plenty of reasons for the Court to find little in the way of common law analogy. The decision may well be driven by policy considerations. If the Court is convinced that potential malicious prosecution claims will unduly hinder the judicial process by exposing witnesses and grand jurors to onerous discovery and routinely erode the secrecy surrounding such proceedings, it could well tilt the balance towards a finding of absolute immunity. If the Court instead focuses on why grand jury proceedings are different than trial proceedings – the absence of adversarial cross-examination, secrecy, flexible rules of evidence, the draconian power of the prosecutor and the potential for abuse (i.e., the ham sandwich problem) – it could reject absolute immunity and conclude that qualified immunity is sufficient to protect the public interest.


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MONDAY, June 30, 2014 (HealthDay News) -- Nearly half of U.S. soldiers returning home are caught in the grip of chronic pain, with a substantial number of them relying on addictive narcotic painkillers to help them cope, a new study finds.
About 44 percent of the members of an Army infantry brigade reported chronic pain even three months after returning from their tour of duty in Afghanistan or Iraq, nearly double the estimate for the civilian population. Civilian chronic pain rates are about 26 percent.
Soldiers also are nearly four times more likely than civilians to use prescription narcotics to treat their pain, according to the report published online June 30 in the journal JAMA Internal Medicine. About 15 percent of soldiers in the brigade reported using narcotic painkillers within the last month, compared to 4 percent of civilians.
"War is really hard on the body," said study author Lt. Cmdr. Robin Toblin, a clinical research psychologist at the Walter Reed Army Institute of Research in Silver Spring, Md. "People come home with a lot of injuries, and as you can imagine they experience a lot of pain. There seems to be a large unmet need of management, treatment and assessment of chronic pain."
Combat injuries appear to be the main cause of chronic pain among returning soldiers. The study defined chronic pain as pain lasting 90 days or more. Those who have endured a combat injury are nearly three times more likely to report chronic pain and twice as likely to take narcotic painkillers, the researchers reported.
Soldiers also were twice as likely to report chronic pain if they suffer from depression or post-traumatic stress disorder.
Toblin and her colleagues collected their data in 2011, using confidential surveys filled out by almost 2,600 soldiers in the same infantry brigade.
Another expert welcomed the study.
"This gives us the first complete snapshot of an entire battalion. It really highlights the extent of the problem the Department of Defense is presented with, in terms of better managing pain," said Dr. Wayne Jonas, a retired Army lieutenant colonel and president and CEO of Samueli Institute, a non-profit health research organization.
Among the soldiers reporting chronic pain, 48 percent said their pain had lasted a year or longer, and 55 percent said they suffered daily or constant pain.
It's likely that soldiers' chronic pain is undertreated, given that chronic pain is undertreated in the civilian population, said Jonas, who wrote an editorial accompanying Toblin's study.
"In the military, pain is seen as a sign of weakness so many people don't report it," he said. "It's being undertreated, and it's being treated too often using medications that aren't meant to be used on a long-term basis."
Toblin and Jonas were troubled by the heavy use of narcotic painkillers, particularly since 44 percent of the soldiers reporting use of painkillers said they had little to no pain during the previous month.
"This might imply that opioids are working to mitigate pain, but it is also possible that soldiers are receiving or using these medications unnecessarily," the researchers wrote in their report.
Military medical officials struggle to balance the need for pain management against the risks of addiction, Toblin said.
"You want to be able to treat people appropriately for their pain, but you don't want them to become addicted," she said.
Painkillers have become "fast food for pain management," Jonas said. "When you need pain relief, you can throw something at it, but it's not necessarily good for you to use them all the time."
Jonas said the defense department has started looking into other techniques for handling pain, such as yoga, tai chi or music therapy.
"You can train people in these things, and they can learn to self-manage their pain, rather than just pop a pill," he said.
He said the defense department is also evaluating programs that would train its medical officials in acupuncture -- right down to medics in the field practicing acupuncture.
"It's really about integration," he said. "It's not about avoiding drugs. It's about more appropriate use of drugs, in conjunction with other pain management tools."
More information
For more on chronic pain, visit the U.S. National Institutes of Health.
This article: Copyright © 2014 HealthDay. All rights reserved.


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River & Sky Music/Camping Festival
Field, ON
Established in 2009, River & Sky is a nature-first music and camping festival. Founded by Sudbury residents Peter Zwarich and Lara Bradley, the festival emerged from their house concerts as a way to give back to the musical community at-large.
Taking place over four days in mid-July at the Fishers' Paradise Camping and Outdoor Event Facility on the Sturgeon River, an hour east of Sudbury, the location is a large part of its charm, as attendees are encouraged to fully embrace the natural landscape. Unlike many other festivals, bikes, canoes and dogs are permitted on festival grounds, giving attendees many options to explore the locale, and to let their furry companions in on the fun. The Beach Stage is on the bank of the Sturgeon River itself, letting festival-goers listen to music while taking a dip, or while sweating it out in saunas made from hollowed-out RVs.
River & Sky features music all day long, with morning performances at the Coffeehouse stage, afternoons at the Beach Stage and evenings at the Main Stage. Each day culminates with late-night sets at the Beach Stage followed by a dance party at the secret DJ stage hidden in the forest that lasts until morning. The festival has featured a veritable who's who of Canadian rock bands, including PUP, METZ, The Sadies, Weaves, Hollerado and Born Ruffians, while also promoting emerging talent like Casper Skulls, Luna Li, Mother Tongues, Corridor and the Ape-ettes.
River & Sky is strongly community-minded. It offers plenty of food, arts and crafts by nearby vendors, and the festival is filled with workshops for anything from hula hooping to stargazing. River and Sky is also committed to sustainability and environmentalism — the festival switched to reusable/washable dishware in 2017 and banned plastic straws for the 2018 edition. The festival doesn't sell plastic water bottles (free water is available to keep attendees hydrated) or have plastic banners anywhere. The not-for-profit organization is volunteer-driven, always looking for volunteers to help organize the festival as well as host other events and fundraisers throughout the year, such as February 2018's aptly-named winter festival, Shiver & Sky.


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Dell has announced the ultrathin Vostro V131 laptop, which will come an optional LTE card for 4G mobile broadband connectivity.
Starting at US$499, the V131 is the latest addition to Dell's Vostro line-up for small and medium-sized businesses. It has a 13.3-inch screen and is just 0.63 inches (1.6 cm) thick. It weighs 3.6 pounds (1.5 kilograms).
The spec sheet lists an optional Verizon 4G LTE card, but the purchase options listed only 3G and WiMax at the time of the story.
A Dell spokeswoman said LTE will be available as a configuration option, but she couldn't say when it will be added. The laptops are due to ship Sept. 1.
Very few laptops today come with LTE broadband, which is offered in the U.S. by Verizon, Metro PCS and, soon, AT&T. Verizon offers two Hewlett-Packard laptops with LTE connectivity, and USB dongles that allow laptops to connect to LTE networks.
The V131 processor options range from Intel's new Core i5 processors to the low-end Celeron 847 low-voltage processor. Both are based on the Sandy Bridge microarchitecture. The laptop includes other new technologies such as USB 3.0 ports.
Dell says the laptop offers up to 9.5 hours battery life, which would be a significant upgrade from its predecessor, the Vostro V130, which topped out at 4.5 hours with a six-cell battery.
In Dell's lab tests, the new laptop with a Celeron processor and a four-cell battery achieved 6.5 hours of battery life, while a system with a six-cell battery, Core i5 processor and solid-state drive achieved almost 10 hours, Dell's Lionel Menchaca wrote in a blog entry.
"Overall battery life is much improved compared to the V130. Thanks in no small part to Intel's second-generation Core technology," he wrote.
The battery in the V131 can be replaceable, which is another improvement over the V130, whose battery was integrated in the laptop chassis and hard to replace.
The V131 comes with up to a 256GB SSD or 750GB hard disk drive. An HDMI (high-definition multimedia interface) port connects the laptop to high-definition TV sets. Like the V130, the new laptop has Intel's hyperbaric cooling technology, which uses an internal fan to suck in outside air to keep the laptop from overheating.
The Vostro V131 will be available in the U.S., Canada and some countries in Latin America, Asia-Pacific, Japan and EMEA (Europe, Middle East and Africa), Dell said.


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(AllHipHop News) More details surrounding the death of Whitney Houston have emerged.
The 48-year-old singer was found dead earlier this afternoon (February 11) inside of the Beverly Hills Hilton in Los Angeles.
Sources stated that friends found her unconscious in her fourth floor hotel room.
Paramedics attempted to a resuscitate Whitney Houston, but their efforts failed.
"She has been positively identified by friends, family and co-workers that were with her at the hotel and the next of kin have already been notified," LT. Mark Rosen said. "There were no obvious signs of any criminal intent at this time and it's thoroughly being investigated by Beverly Hills Police detectives."
Representatives for Whitney Houston's ex, Ray J., have denied reports that he was the person that discovered Whitney Houston's body.
Sources told AllHipHop.com said that Houston was found by her brother Michael, who discovered the singer dead in the bathtub.
Meanwhile, the news of the six-time Grammy Award winning artist's death sent shockwaves through the hip-hop industry.
"I hate to say these words about my sister & friend R.I.P To the Great Whitney Houston you will always be loved in this world!! #Deans," said Swizz Beatz, who produced Whitney's single "Million Dollar Bill."
"I had the pleasure of knowing /wking w whitney. Known her 4 long time. My prayers r w/fam, robyn, bob, ect.. RIP whitney "THEVOICE," Q-Tip tweeted.
"Smh… She was GREAT… I'm tired of the "GREATS" passing b4 their time," Royce Da 5'9 tweeted.
@Damn this a classic pic of Pac & Whitney http://t.co/lqlHDzP2 Heaven got all the greats!! #RIP," The Outlawz tweeted.
"rip 2 a Legendary Diva, Icon, Mother & Friend Whitney Houston. 1 of the greatest voices ever. u will be truly missed. R.I.P Whitney Houston," Timbaland tweeted.
Whitney Houston was in Los Angeles for the Grammy Awards.
Sources stated that a number of artists are scrambling to pull together a tribute for Whitney Houston at the Grammy Awards, which are slated to take place tomorrow (February 12).
Ironically, Clive Davis, who discovered Whitney Houston, is hosting his legendary pre-Grammy bash tonight, with Whitney Houston's, ex, Ray J.
"Six-time GRAMMY® winner Whitney Houston was one of the world's greatest pop singers of all time who leaves behind a robust musical soundtrack spanning the past three decades," Neil Portnow President/CEO The Recording Academy/Grammy's.
"Her powerful voice graced many memorable and award-winning songs. A light has been dimmed in our music community today, and we extend our deepest condolences to her family, friends, fans and all who have been touched by her beautiful voice," Portnow said.
A source told AllHipHop.com that her former husband Bobby Brown is currently in Mississippi, where he is due to perform with New Edition.
The source said that Bobby Brown was "devastated."


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Justice Harrington Putnam was born in 1851 in Shrewsbury, Massachusetts. He graduated from Colby College in 1870, studied at Heidelberg University in Germany in 1873 and earned a law degree from Columbia University in 1876. He later studied at Colby and Middlebury Colleges, earning an LL.D. degree. Putnam was admitted to the bar in 1876. He practiced law at the firm of Wing, Shoudy & Putnam from 1885 until 1909. He also served as a Civil Service Commission examiner for New York State (1884-1889) and Brooklyn (1890-1894).
Putnam was appointed by Governor Hughes as a Justice of the Supreme Court in 1909, wining election to the position in the following year. In 1913, he was designated as an Associate Justice of the Appellate Division, Second Department. Justice Putnam retired in 1921, having reached the mandatory retirement age of 70. He then served as an official referee and practiced admiralty law.
He was extremely active in clubs and organizations, including serving as president of the Brooklyn Democratic Club (1898, 1895), a trustee of the Brooklyn Public Library, president of the New England Society of Brooklyn (1926) and president of the American British International Law Association of London (1924). An authority on admiralty law, Justice Putnam lectured at Columbia University, served as an associate editor for admiralty law publications and was a member of the Association for the Reform and Codification of the Law of Nations. Putnam was also an accomplished walker and mountain climber, participating in numerous clubs, serving as president of the American Alpine Club (1911-1914), climbing Mount McKinley and, in January 1912, walking 74 miles from Brooklyn to Riverhead, Long Island over a period of 3 days in order to preside at court.
He was married to Mildred Smythe and had a son. He died on April 7, 1937 at his home in Brooklyn at the age of 85.
"Ex-Justice Putnam Dies in Brooklyn." New York Times (1923-Current file): 23. ProQuest Historical Newspapers: The New York Times (1851-2008). Apr 08 1937. Web. 12 June 2012.
"Justice Thomas Promoted." New York Times (1857-1922): 8. ProQuest Historical Newspapers: The New York Times (1851-2008). Nov 09 1909. Web. 12 June 2012.


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Word Crush Variety Animals Horse Answers All Levels Solutions on words crush variety animal with size 7×7 tiles so you can find hidden words on each package levels that you stuck ! Swipe your finger across each letter block to make a word ! The game will get harder, so if you're stuck then these hints will become useful.
Words Crush: Hidden Words! By BitMango on iphone and android device
Words Crush Variety Animals Horse Cheats
6 letters : Gallop
10 letters : Equestrian
9 letters : Wolfhound
7 letters : Mastiff
9 letters : Retriever
Just swipe to crush the words up, down, left, right or diagonally.. in any direction ! Try to find specific words. The answers in each level are related so check the length of the words below the puzzle. Sometime you need to solve the puzzle in the right order. If you can't connect the letters, tap undo or reset.
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Learn About the Law
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On September 18, 1872, George C. Corning and other citizens of the United States located a tunnel site. They diligently prosecuted the work of excavation, expending therein $100,000.
On February 3, 1875, the Corning Tunnel Company, a corporation duly organized, was the owner of this tunnel location by sundry mesne conveyances from the locators thereof; and said tunnel company, while prosecuting the work of excavation, cut and discovered within the tunnel, and upon the line thereof, at a distance of 594 feet from its face, a vein of mineral bearing rock in place, which was named the Bonanza lode; and on said February 3d it posted at the face [167 U.S. 116, 117] of the tunnel a plain sign and notice, giving the name of said vein, the point of discovery within the tunnel, the general course of the vein from the point of discovery, and claiming 750 feet of said vein on each side of the line of the tunnel. This Bonanza lode did not appear upon the surface of the ground, and was not known to exist prior to its discovery by the Corning Tunnel Company, as above stated.
On February 9, 1875, the tunnel company filed and caused to be recorded in the office of the clerk and recorder of the county of Boulder a location certificate of said Bonanza lode, giving the name of the lode so discovered, and the company as the locator thereof, the point in the line of the tunnel at which the lode was discovered, and claiming 750 feet of the vein upon each side thereof; also stating the general course of the vein. The location certificate was as follows:
L. C. Rockwell, for plaintiff in error.
John F. Shafroth, for defendant in error.
Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.
In the case just decided, of Enterprise Min. Co. v. Rico-Aspen [167 U.S. 116, 119] Consol. Min. Co., 17 Sup. Ct. 762, we have considered the law in respect to mining tunnels. Beyond what was there disposed of, only a single question requires consideration, and that is, does the failure to mark on the surface of the ground the point of discovery and the boundaries of the tract claimed destroy the right of the tunnel owner to the veins he has discovered in the tunnel?
It will be noticed that the tunnel company posted at the mouth of the tunnel a notice of its discovery of this lode, and the extent of its claim thereon, and also that it caused to be filed in the office of the recorder of the county a location certificate, as required by the local statute. Mills' Ann. St. 3150, 3151. It will also be perceived that section 2323, Rev. St., gives to the tunnel discoverer the right of possession of the veins. It in terms prescribes no conditions other than discovery. The words 'to the same extent' obviously refer to the length along the line of the lode or vein. Such is the natural and ordinary meaning of the words, and there is nothing in the context or in the circumstances to justify a broader and different meaning. Indeed, the conditions surrounding a vein or lode discovered in a tunnel are such as to make against the idea or necessity of a surface location. We do not mean to say that there is any impropriety in such a location, the locator marking the point of discovery on the surface at the summit of a line drawn perpendicularly from the place of discovery in the tunnel, and about that point locating the lines of his claim in accordance with other provisions of the statute. It may be true, as suggested in Morrison's Mining Rights (8th Ed. p. 182), that, before a patent can be secured, there must be a surface location. Rev. St . 2325. But the patent is not simply a grant of the vein, for, as stated in the section, 'a patent for any land claimed and located for valuable deposits may be obtained in the following manner.' It must also be noticed that section 2322, in respect to locators, gives them the exclusive right of possession and enjoyment of all the surface within the lines of their locations, and all veins, lodes, and ledges the tops or apexes of which are inside such lines. So that a location gives to the locator something more [167 U.S. 116, 120] than the right to the vein, which is the occasion of the location. But, without determining what would be the rights acquired under a surface location based upon a discovery in a tunnel, it is enough to hold, following the plain language of the statute, that the discovery of the vein in a tunnel, worked according to the provisions of the statute, gives a right to the possession of the vein to the same length as if discovered from the surface, and that a location on the surface is not essential to a continuance of that right. We do not mean to hold that such right of possession can be maintained without compliance with the provisions of the local statutes in reference to the record of the claim, or without posting in some suitable place, conveniently near to the place of discovery, a proper notice of the extent of the claim,-in other words, without any practical location; for in this case notice was posted at the mouth of the tunnel, and no more suitable place can be suggested, and a proper notice was put on record in the office named in the statute.
We are of opinion, therefore, that the question considered must be answered in the negative. There is no error in the judgment of the supreme court of Colorado, and it is affirmed.
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Citation: 167 U.S. 116
Docket No: No. 44
Decided: May 10, 1897
Court: United States Supreme Court
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text:
A Cheer Thing
Design Details
Customize a design for a cheerleader who lives for cheering for her fave team, school or player.
Category: Sports & Fitness > Cheerleading > Cheer Bags
Size Chart
|No Size
Product Details
Stash all your gear in this recycled duffle with detachable/adjustable shoulder strap from Liberty Bags.
- 600 denier polyester
- Made with 50% recycled material
- Zippered main opening with rain cover over zipper
- Front zipper pocket
- Adjustable shoulder strap fully extended from clip to clip is roughly 47.50 long
- Has no internal structure; shown stuffed in photo
- Design and font made from a highly durable, fade-resistant precision cut film material*
- Do not place in washer or dyer
- Wipe with damp cloth to clean
- All measurements are provided by garment vendor; vendor tolerance for all measurements is +/-10%
- All provided measurements are in inches
Earn 10.77% when you sell this item.
Interested in Storefronts?
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text:
It's important to remember that there are as many styles of knitting as there are knitters, so each person's work will look slightly different.
Oftentimes, a slight tension difference between stitches won't be that noticeable after the project is finished and blocked. That being said, sometimes a little knitting help can get a looseness problem straightened out.
First off, which stitches look loose? If the only loose stitch is the last one you worked (which naturally happens with my knitting style and used to terrify me), you might notice that it will tighten up once you start working the next row.
If you're getting a column of loose stitches along the edge of your knitting, it's probably a sign that the tension is uneven between your end stitches and the center ones. This is a very common problem for beginning knitters, and the best correction for this is more practice! Be persistent and eventually muscle memory will start to take over, leading to more consistently even stitches. In the meantime, there are a few knitting techniques you can try.
When you're knitting the edge stitches, tug the working yarn a little tighter than you normally would to help keep the stitch a little smaller.
If your pattern will be requiring you to pick up stitches or sew a seam along the edge with loose stitches, you'll have an easy way to disguise them. Just make sure to work your seams or edgings into at least the second stitch from the edge, rather than the loose edge stitch.
If the edge with loose stitches is going to be a finished edge (meaning you won't be sewing a seam or picking up stitches along that edge later), you can try slipping the edge stitches. Slip the first stitch as if to purl while holding the yarn to the back of the work, then work your regular stitch pattern for the rest of the row, making sure to purl the last stitch. If you do this on every row, you'll get a nice, clean-looking edge.
Another process that can help with tension problems is blocking. Steaming or wet blocking will help the yarn's fibers open up and relax a little bit, which can make your tension look more uniform. Think of it as the final step for helping your knitting look its best.


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Two government studies that bombarded rats and mice with cellphone radiation found a weak link to some heart tumors, but federal regulators and some scientists say don't worry — it is safe to use your device. They still do.
Previous studies of cellphone users had found little reason for concern, but the newest research took a closer look at the effects of super-high doses in animals to address some lingering questions that could not be tested on humans.
The rat study released Friday found a small increase in an unusual type of heart tumor in male rats, but there were no significant problems in female rats or in a separate study of mice. In particular, scientists could not find hard evidence for concern about brain tumors.
The lead author of the research, John Bucher of the National Institute of Environmental Health Sciences, is not changing his cellphone use or advising his family to.
"I am actually holding my cellphone up to my ear," Dr. Otis Brawley, the American Cancer Society's chief medical officer, said in an interview after reading the studies.
The rodent studies do not reflect real-life cellphone use, he cautioned.
"These draft reports are bound to create a lot of concern, but in fact they won't change what I tell people. The evidence for an association between cellphones and cancer is weak. And so far, we have not seen a higher cancer risk in people. But if you're concerned about this animal data, wear an earpiece."
The findings about the rare nerve-tissue tumor discovered in the hearts of male rats do not translate directly into a concern for humans, Bucher stressed.
Bucher's agency conducted the $25 million study at the behest of the Food and Drug Administration, which quickly said cellphones are safe.
"The current safety limits for cellphones are acceptable for protecting the public health," FDA radiation health chief Dr. Jeffrey Shuren said in a statement .
Bucher said typical cellphone use is "very, very, very much lower than what we studied."
Rats and mice were bombarded for nine hours a day for up to two years with a radiation level so high that humans would only experience it briefly, such as when a phone with a weak signal expends more energy searching for a stronger one, Bucher said at a news conference.
"At best it might be a weak carcinogen. … if in fact it is a carcinogen," he said.
Confusingly, the radiated rats somehow lived longer than comparison rats that were not exposed to cellphone radiation. Bucher said that could be just chance, or it could be that the radiation reduced inflammation in the rats, which in turn decreased the risk of a rat disease.
The toxicology program released preliminary results two years ago and finalized them Friday. The earlier report showed a hint of increased brain tumors in male rats, but the final results did not bear that out.
The new rat study found what it called "equivocal evidence" for increases in DNA damage, brain tumors and a few other cancers, but it was not clear that it was related to the cellphones.
"Evidence of DNA damage was seen in some tissues of some animals, but we don't feel we have evidence to comment on the biological significance," Bucher said.
Still, it was surprising that the rodents did experience a variety of other effects, even if they were not at high enough levels to be considered significant and possibly linked, said Leeka Kheifets, an epidemiology professor at the University of California, Los Angeles, and a former head of radiation studies for the World Health Organization.
"There is some concern that there is so much activity going on," she said, also speaking from a cellphone. But "it's not like the sky is falling, a huge effect. Definitely not."
The findings failed to reassure longtime critics of cellphone radiation, such as David Carpenter, head of environmental health at the State University of New York in Albany. Carpenter said the studies were not large enough to uncover some rare problems and that the claim of "equivocal" findings about brain tumors "cannot be dismissed."
"It's not anywhere near as dangerous as cigarettes, but is there a real hazard from excessive use? Yes," Carpenter said from a landline.
In 2011, a working group of the International Agency for Research on Cancer said cellphones are possibly carcinogenic. But numerous studies over the years, before and after that listing, have found little evidence of a problem.
Among the largest studies, a 2010 analysis in 13 countries found little or no risk of brain tumors, with a possible link in the heaviest users that the study's authors found inconclusive. And a large Danish study that linked phone bills to a cancer registry found no risk even from more than 13 years of cellphone use, according to the latest update in 2007.
In December, the state of California put out a guide on how people could reduce exposure to radiofrequency from cellphones if they're worried, such as using earphones or texting instead.
Sourse: abcnews.go.com
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SAN DIEGO, CA—January 28, 2014
ACCES I/O Products, Inc., a leader in cost-effective and easy-to-use serial communication and data acquisition products, is pleased to announce the release of a new USB serial interface board—the ANDROID-232. Users can now control legacy RS-232 devices directly from modern Android devices. The ANDROID-232 uses the Android Open Accessory protocol to convince an Android device that its onboard USB port (normally limited to USB "slave" or "OTG" modes) is actually an RS-232 port. This two way data port allows external hardware to control the Android unit or for the Android unit to control external hardware. Serial data up to 921.6kbps is supported (a max of 115.2kbps without flow control). Onboard circuitry will provide power to charge your Android device while connected. Multiple status and fault LEDs complete the package, and allow simple and convenient confirmation of operational state.
This small industrial/military grade product features industrial temperature operation (-40°C to 85°C) ideal for outdoor applications, harsh industrial surroundings, or military use. Also, a hard line wired connection eliminates security concerns associated with Wi-Fi and other radio frequency solutions. A Type A industrial strength USB connector provides high-retention that complies with class 1, Div II minimum withdrawal requirements. The ANDROID-232 is feature-rich and allows for the connection of RS-232 serial devices—ideal for a variety of applications such as POS, gaming systems, retail, hospitality, automation, kiosks, defense industries, lighting, or any other application requiring the connection of RS-232 serial devices to an Android compatible system.
Available accessories include a broad range of cable assemblies and screw terminal boards for quick and easy connectivity. The ADAP9 accessory provides a screw terminal connection to break out the RS-232 signals on the DB9M connector for connections to non-standard RS-232 pinouts. Special order items such as conformal coating, custom software, and more, are also available.
Key features of the ANDROID-232 board include:
- Android USB 2.0 Full-Speed Host to industry standard RS-232 DB9M serial port
- Supports UART interface with RX, TX, RTS and CTS
- RX buffer size 5512 bytes; TX buffer size 256 bytes
- Supports baud rates up to 460.8kbps, 921.6kbps optional
- Use with any Android platform supporting Android Open Accessory Mode (typically 3.1 or above)
- ±15kV ESD protection on USB data lines and all RS-232 signals
- Status and fault LEDs including external power, charging status, and USB status
- Supports USB charging for Android devices
- Type A USB connector features industrial strength high retention design
- Latching +5V external power input connector with external regulated power supply
- Industrial operating temperature (-40°C to +85°C) standard
- RoHS Compliant
- Factory Options include a RJ45 connector with Cisco pinout or a RJ12 connector
The ANDROID-232 product includes an Android sample program, with source, which operates within the Android Open Accessory protocol, available on all devices running Android 3.1 or higher (some 2.3.4 ROMs are supported). This program will allow you to verify proper operation of the ANDROID-232 device, including sending and receiving RS-232 data. A Python test program that can cooperate with the Android sample program to verify proper receipt of data as transmitted is also provided. In any operating system you can communicate through the ANDROID-232 using the standard communication terminal program of your choice; in Windows we provide, and highly recommend, a very powerful terminal program called "WinRISC". Windows samples in a variety of programming languages can be used to jumpstart your Serial COM programming (with full source code).
For additional information, readers can view a data sheet and manual for the ANDROID-232 by visiting the product webpage at www.accesio.com/android-232.
About ACCES I/O Products, Inc.
For over 23 years, ACCES I/O Products, Inc. has supplied an extensive range of analog, digital, serial communication, and isolated I/O boards and solutions. ACCES also offers complete systems, integration services and enclosures with a quick turn-around on custom projects including software. ACCES products are designed for use with PC/104, PCI, PCI Express, Pico-ITXe, Pico-I/O, ETX, USB, USB/104, USB/PICO, Ethernet and ISA, as well as distributed, wireless I/O, and computer-on-module (COM) form factors. All hardware comes with a 30-day, no-risk return policy and a three-year warranty. For further information, visit the company's web site at www.accesio.com.
Prices start at $139
Please inquire for OEM and volume pricing
Availability: Now
Delivery: Stock to two weeks ARO
For Further Information, click accesio.com/contact


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Contributes to Heart & Vascular Health†
Kirkland Signature fish supply comes from deep
ocean waters. The fish oil is not supplied from farm-raised fish.
State-of-the-art molecular distillation process is used to remove mercury, PCBs
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The fish oil is derived from a variety of fish species, to maximize omega-3
fatty acid concentration. Fish Oil naturally contains the Omega-3 Fatty Acids,
EPA and DHA.
Omega-3 Fatty Acids help maintain heart and
vascular health.†
†This statement has not been evaluated by the
Food and Drug Administration.
This product is not intended to diagnose, treat,
cure or prevent any disease.
Suggested Use: Take one softgel three
times daily with a full glass of water, preferably after a meal.
Supplement Facts: Serving Size: 1 Softgel
Each Softgel Contains - % Daily Value:
Calories 10 (Calories from Fat 10), Total Fat 1 g - 2%*, Saturated Fat 0.5 g -
3%*, Polyunsaturated Fat 0.5 g - **, Monounsaturated Fat 0 g - **, Cholesterol
10 mg - 3%, Natural Fish Oil Concentrate 1000 mg [Containing EPA (Eicosapentaenoic
Acid) 180 mg, DHA (Docosahexaenoic Acid) 120 mg] - **. *Percent Daily Values are
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Ingredients: Fish Oil Concentrate, Gelatin
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text:
More women than men have post-secondary education
64.8% of women have higher education vs. 63.4% of men
Canada has become a perplexing nation of high education — one in which women have dramatically surpassed men in their schooling, but remain congregated in traditional pink ghettos when it comes to the world of work.
Nearly two-thirds of the adult population reported having post-secondary qualifications in 2011, according to the latest release of data Wednesday from Statistics Canada's National Household Survey, the replacement for the cancelled long-form census.
That's up from 60.7 per cent in 2006, and a stunning turnaround from the four per cent of Canadians who had a university education in 1961.
By gender, 64.8 per cent of working-age women now have a post-secondary education, compared with 63.4 per cent of men. It's the first time females have surpassed males in overall educational attainment. And the gender gap grows by leaps and bounds as the level of education increases.
Far more working-age women than men now hold university degrees — a fact especially true for the younger generation, and even more so in the field of medicine. Females make up 62.2 per cent of the adults aged 25 to 34 with a medical degree — a dramatic shift from previous generations. Among adults aged 55 to 64, only a quarter of doctors are female.
"Young women are very highly educated," said Doug Norris, chief demographer for Environics Analytics and a former senior Statistics Canada official. "It's a woman's world today."
The workplace, on the other hand, appears somewhat stuck in time.
Women overwhelmingly dominate the fields of childcare, administrative assistants, nursing and cashiers. Men comprise more than nine out of 10 workers in the fields of truck driving, carpentry, welding and electricians.
"There are still some professions that are traditionally women and still some that are traditionally men," said Sylvie Michaud, Statcan's director-general of education, labour and income.
The most common occupation for both men and women, however, is retail sales. Indeed, for the first time, the retail trade sector ranked first of all sectors for its share of total employment, surpassing manufacturing for the first time.
By comparison, in 2006, manufacturing was the top employer, and retail, while on the rise, was in second place. By 2011, manufacturing had slipped to third as a source of jobs — behind both retail and the health care and social assistance fields.
Analysts say the shift in jobs reflects the broader long-standing shift in the Canadian economy from a landscape dominated by factories to one that is known for its services.
Immigrants surpass population in university attainment
Finding a job is closely related to level of education, the data shows. Almost 82 per cent of those with university degrees had a job in 2011, compared to just 55.8 per cent of those with no post-secondary attainment.
Aboriginal Peoples appear to be gaining ground when it comes to educational attainment, although Statistics Canada is reluctant to make comparisons with the past because it has changed its methodology.
At a time when aboriginal education is a focal point for policy-makers, Statistics Canada reports that nearly half of aboriginal people — 48.4 per cent — had some kind of post-secondary qualification in 2011. That's up from the 44 per cent reported in 2006.
Only 9.8 per cent of aboriginal people have a university degree. That's an increase from the 2006 proportion of just eight per cent. But it's substantially below the 26.5 per cent of the non-aboriginal population that have a university degree. And the gap between aboriginal and non-aboriginal has definitely not narrowed when it comes to university education.
At the college level, however, the gap is quite small. About 20.6 per cent of aboriginal people have a diploma, compared to 21.3 per cent of non-aboriginal people. And the proportion of aboriginal people with a trades certificate actually surpassed that of non-aboriginal people slightly.
Immigrants, on the other hand, far surpass the general population in university attainment. In 2011, 38.1 per cent of immigrants reported having a degree, compared to 24.2 per cent of non-immigrants.
The gap has grown since 2006, when 31.6 per cent of immigrants reported having a degree compared to 20 per cent of non-immigrants. The growing gap likely reflects the federal government's policy to favour highly educated newcomers, analysts say.
¾ of commuters drive to work
The survey also shines a light on the aging of the workforce. In 2011, about 18.7 per cent of all workers were over the age of 55, up from 15.5 per cent in 2006. Similarly, 34.9 per cent of workers over the age of 55 were employed, up from 32.2 per cent in 2006.
"This is the result of the aging of the baby boom generation and the increased participation of older workers in the labour force," Statistics Canada said.
Farm managers, religious leaders, bus drivers and taxi drivers tend to be dominated by older workers, the survey shows.
The survey also showed that when it comes to getting to work, Canadians are addicted to their cars.
Almost three quarters of Canadian commuters drive to work, while just 12 per cent use public transit. The proportion of people who walk to work has actually shrunk, from 6.4 per cent in 2006 to 5.7 per cent now. And the proportion of cycling commuters has stagnated at 1.3 per cent.


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Hope you have a wonderful weekend! I'm looking forward to visiting the farmers' market, getting a much-needed haircut, and trying my hand at making pasta from scratch - wish me luck!
Found via Pink Shirts and Car Wrecks.
Love these!ReplyDelete
Thanks for the link, the entire series is fascinating!ReplyDelete
These are adorable. Good luck with pasta-making! Exciting.ReplyDelete
Oohhh my goodness, I love these! The captions are so sweet and funny.ReplyDelete
aww so sweet/funny!
good luck with PASTA - the thought of making it from scratch is both TERRIFYING and INTRIGUING (mostly terrifying).
How sentimental and genuine! It's always a good reminder to see that humanity is capable of that :)
And thank you for the sweet notes about my redesign! It's always a risk - but I've been dabbling in HTML and constantly fear that I may have gone overboard!
mon amy
Ah! This is one of my favorite things you've posted yet! I just love finding things like these -- sometimes I feel like people expressed themselves so beautifully in the generations before ours. It was so simple and straightforward, but so poetic, too. xoReplyDelete
Those are adorable! I love the one about life being wonderful when your in love!Have fun making pasta!ReplyDelete
Happy Happy Friday~ What cute pictures~ I love the soda pop pic~ Have a great weekend!!ReplyDelete
These photos warm my heart! I love that even though time moves forward, human sentiment and emotions stay the same.
And a tip in case you don't have a pasta rack: I've found that hanging pasta from a clothes hanger works just as well. Have a great weekend!
these are absolutely lovely. there is something of the times captured in the expressions. something easeful.
happy weekend,
What a great find, Shoko! LOVE!ReplyDelete
Ah! I love this! I collect old photographs of couples [specifically marriage ones] but like what everyone is saying, definitely a good find!
two things:
learning to make pasta from scratch! Sounds so fun, do take pictures and post please. :)
& your brothers photographs on FVF are so beautiful and natural...and I love that light too. :)
So glad you enjoyed these as much as I did - I was so excited to stumble across this archive. So many treasures! And thank you all for your well wishes for the weekend and pasta-making!
Kathy, thanks for the tip!
Roxy, will definitely post pics if they come out all right :) And I'll pass on your sweet compliment to Max - I'm sure he will appreciate it!
Shoko, these are wonderful! Makes me want to write on the backs of some of our photos. Sooo sweet!!ReplyDelete
you find the best stuff. these are going right to pinterest. and btw, how was the pasta making? we used to do it all the time when we were kids.ReplyDelete
Monica, thank you! The pasta making was a blast but I think I need to give it another go before sharing pictures here - let's just say it wasn't the most aesthetically pleasing pasta in the world! Tasty, though! :)ReplyDelete
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