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MOLSON, THOMAS, brewer, distiller, miller, and merchant; b. 1 Sept. 1791 at Montreal, second son of John Molson* Sr and Sarah Insley Vaughan; d. 22 Feb. 1863 at Montreal.
No primary sources describe Thomas' childhood and adolescence. The earliest reference to him is in a letter written in 1811 by his elder brother John* to his father, John Sr, who was in England to purchase an engine for the Molsons' second steamship the Swiftsure, launched in 1812. The letter tells us that the two brothers were running the brewery at Montreal.
In 1816 Thomas went to England, where he married Martha Molson, his first cousin, without making a marriage settlement. On his return to Montreal, he entered into partnership with his father and two brothers, John and William*, under the name of John Molson and Sons. Thomas was made responsible for the brewery, and he expressed satisfaction at his early success. In December 1816 he recorded in his notebook: "The beer we have for sale now and the past month is far superior to any made in Montreal, viz. [Miles] Williams, [Francis and John] Chapman, [James] Stevenson, by the customers' account of it and their getting of us, viz. J. Molson and Sons, brewed by Thos. Molson." The partnership, which lasted seven years, managed all the family assets (most of which belonged to the father), including the brewery, ships, wharves and storehouses at Montreal and Quebec, and a hotel. An 1816 inventory of the business also listed a still. Thomas' notebooks indicate that he was experimenting with distilling by 1822, and that he attempted to export whisky to England through his brother William, who was then living at Quebec. In 1822 also, the St Lawrence Steamboat Company was founded and through it the Molsons would control all steamship navigation on the St Lawrence. Collectively they held 26 of the company's 44 shares; individually each held six and a half shares.
When the firm of John Molson and Sons came to an end in 1823, Thomas decided to leave Lower Canada, where the marriage laws imposed community of property on couples who had married without a marriage settlement. He thought of settling in England, but finally decided on Kingston, Upper Canada. He made two trips to England in 1823 and bought brewing equipment there. In July 1824 he purchased the Kingston brewery and land of Henry Murney. He settled at Kingston with his family and was a neighbour of Thomas Markland*, a founder of the "pretended" Bank of Upper Canada, who, after this bank was closed, had become an agent of the Bank of Montreal. Markland remained its agent until 1824, when an Upper Canadian law prohibited on its territory any branch of a bank established by a law promulgated by another government. During the ten years he spent at Kingston, Thomas lived a relatively quiet life. The town's newspapers only mention him in connection with his brewing and distilling business. In 1831 he bought a second business, Thomas Dalton*'s Kingston Brewery and Distillery. In the English style, he became the owner of the taverns connected with this business. He invested in land outside Kingston, buying a 100-acre parcel at Ameliasburg in 1828, and in 1829 300 acres at Portland, near Rideau Lake. In 1832 he helped found the Commercial Bank of the Midland District. Six of the 11 children of Thomas and Martha were born at Kingston. Five of them, Martha Ann (1824), John Henry Robinson (1826), Mary Ann Elizabeth (1828), Harriet Bousfield (1830), and William Markland (1833), survived their parents, as did John Thomas who was born at Montreal in 1837.
Thomas returned to Montreal in 1834 to go into partnership with his father and his brother William. William had just begun distilling at their businesses in Montreal, and Thomas was probably invited to come because of his experience as a distiller. Moreover, John Molson Sr, who was to die in 1836, had found a way of getting round the consequences of the community of property of Thomas and Martha: he would entail the breweries in Montreal on their eldest son, John Henry Robinson, on condition that Thomas and William manage them until his grandson reached the age of majority. The biography of William Molson [see DCB, X] describes the two brothers' partnerships from 1834 to 1852 as brewers and distillers (John Molson and Company in 1834, Thomas and William Molson in 1837, Thomas and William Molson and Company in 1838, and Thomas and William Molson and Company in 1848), and their joint personal and financial undertakings.
Throughout this long period Thomas diversified his interests and increased the holdings he shared with his brother William in the Montreal distillery. In the 1840s he bought several pieces of land and houses in the district near the distillery: in 1850 his statement for land taxes owing to the city of Montreal concerns 68 plots of land and houses. He bought a large farm at Sherrington, in Huntingdon County. In 1847 the New City Gas Company of Montreal was set up, in competition with the Montreal Gas Light Company, founded in 1836. From the beginning Thomas sat on the board of directors of the new company, which in 1848 acquired all the assets of the first; he became president in 1857, and in 1859 in recognition of long, valuable, and disinterested contribution to the company he received a silver service valued at £250 ($1,000). By 1846 he had become involved in a new investment in Upper Canada (until the end of his life he retained all his Kingston premises, which he had rented since 1834). This time he bought a distillery at Port Hope, Crawford's Distillery; then, in 1851, he acquired the large establishment known as Brownston Mills, which included a flour mill, sawmill, and distillery. He leased the two distilleries, but until his death he ran the sawmill and flour mill through a manager, Robert Orr; he himself sold the flour on the Montreal Corn Exchange through his brokers, John and Robert Esdaile; this flour was intended for export to England. Molsons Bank was set up in 1853, in accordance with the 1850 law controlling private banks, and in 1855 it became a chartered bank; Thomas assisted its development by circulating its notes in the Port Hope region, and even in the American Midwest when he bought grain at Chicago.
During the 1840s Thomas and his brother William built St Thomas' Church in the Sainte-Marie district of Montreal. The church was destroyed, as were 49 of Thomas' houses, in the great fire of 1852. Thomas built a new church in 1855, but fell out with the Church of England bishop of Montreal, Francis Fulford, because he himself wanted the right to appoint the parish priest of his church. He then brought in a new Methodist sect of an aristocratic character, the Countess of Huntingdon's Connexion, founded in England in the mid 18th century. In 1857 parliament conferred upon the ministers of this church the right to keep registers of baptisms, marriages, and burials, and to celebrate marriages. In the same year, Molson had a college built for training clergy of the new sect; some 20 students were enrolled in 1858. However, in 1860 the church's minister, Alfred Stone, resigned; when British troops arrived in Montreal during the American Civil War, Thomas rented the college and several houses as army billets. The rental contract was renewed in February 1863, but this time it included the church itself. In his will Thomas bequeathed the temple and 11 houses to the Church of England, which had modified its rules to allow groups to own churches and appoint their own priests.
Thomas' eldest son John Henry Robinson had gone into partnership with him and his uncle William in the firm incorporated in 1848 as Thomas and William Molson and Company; at the same time, by two other contracts, the young man was given possession of the brewery bequeathed to him by his grandfather, and was released from the obligations of an apprenticeship deed by which he had been bound to Thomas and William since 1844. A new company bearing the same name and bringing together father and eldest son was formed in 1853, when William resigned. In 1859, by a new contract, Thomas' second son, William Markland, became a partner in the firm, which continued under the same name. However, another partnership, John H. R. Molson and Brothers, was formed in 1861; when John Thomas joined his two elder brothers, Thomas ceased to be a partner; he leased his distillery, and granted a loan to the new company.
On 25 Aug. 1859 Thomas married Sophia Stevenson of Port Hope. During a trip with her to England, he planned to request the queen to elevate him to the peerage. Presumably this request was not presented, for no record of it exists in the Public Record Office, the Home Office, or the Privy Council. Thomas Molson died on 22 Feb. 1863 and was buried in the Protestant cemetery at Mount Royal, in the family vault that he and his brothers had constructed in 1860, at a cost of $15,000, to receive their own and their parents' remains.
Thomas Molson can be seen, in the context of 19th century entrepreneurship and the evolution of capitalism in the colonies, to be reacting against the structures of the dominant economic system, the large-scale export-import trade. Similarly he was unable to adapt to the joint-stock company then developing, as did his brother William. True, he did undertake large-scale export of flour, but only by selling to exporters at Montreal; he was also a shareholder of companies such as the New City Gas Company of Montreal, the Canadian Grand Trunk Railway Company, and Molsons Bank. But he was always and above all an industrialist who, with some exceptions, financed his undertakings himself, managed them directly, and personally looked after all phases of production and marketing. Thomas Molson gave little responsibility to his manager in the running of the sawmills and flour mill at Port Hope. Although he left a relatively large fortune (which can be assessed at a minimum of $1,000,000), he was not always capable of overcoming the fundamental contradiction of the firm that combines the functional relations of business and the emotional relations of family: witness the difficulties that constantly set him on the one hand against his elder brother, and on the other against his sons. Nevertheless by determination he built a successful career against all odds.
[Sources of information on Thomas Molson are scattered in various archives. Among the most important are the following: the proceedings of the meetings of the board of directors and of the shareholders in the Molsons Bank Archives (preserved at the head office of the Bank of Montreal) and in the Bank of Montreal Archives; proceedings of the meetings of the board of directors in the Montreal Board of Trade Archives; proceedings of city council in the AVM; the registers of notaries Thomas Barron, I. J. Gibb, Henry Griffin, J. C. Griffin, J. S. Hunter, William Ross, and James Smith at ANQ-M; Molson papers at the Château de Ramezay (Montreal) and in the McCord Museum; the William Molson coll. in McGill University Libraries; and manuscript material at QUA and documents in the registry office in Kingston.
The most important repository is the Molson Company Archives (Molson's Brewery Ltd., Montreal), and its contents are described in an inventory prepared in 1955 (copy in PAC, MG 24, D1). The following volumes were consulted for this article: 144, 321–23, 327–28, 350–52, 355–57, 360–70, 372–74, 383–91. The Adam Shortt papers at the PAC (MG 30, D45) also contain interesting information on Molson. a.d.]
Merrill Denison, Au pied du courant; l'histoire Molson, Alain Grandbois, trad. ([Montréal], 1955); Première banque au Canada. Alfred Dubuc, "Thomas Molson, entrepreneur canadien: 1791–1863" (thèse de doctorat, université de Paris, 1969; en cours de publication). Father's rest (Montreal, n.d.). Georges Ripert, Aspects juridiques du capitalisme moderne (Paris, 1946). B. K. Sandwell, The Molson family (Montreal, 1933). B. E. Walker, A history of banking in Canada; reprinted from "A history of banking in all nations". . . (Toronto, 1909). F. W. Wegenast, The law of Canadian companies (Toronto, 1931). G. H. Wilson, "The application of steam to St. Lawrence valley navigation, 1809–1840" (unpublished ma thesis, McGill University, Montreal, 1961). Alfred Dubuc, "The advent of banking credit on the guarantee of warehouse receipts in Canada," Canadian Banker (Toronto), 70 (1963), no.4, 51–54; "La crise économique au Canada au printemps de 1848; quelques considérations tirées de la correspondance d'un marchand," Recherches sociographiques (Québec), III (1962), 317–22; "Montréal et les débuts de la navigation à vapeur sur le Saint-Laurent," Revue d'histoire économique et sociale (Paris), XLV (1967), 105–18.
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Alfred Dubuc, "MOLSON, THOMAS," in Dictionary of Canadian Biography, vol. 9, University of Toronto/Université Laval, 2003–, accessed October 1, 2023, http://www.biographi.ca/en/bio/molson_thomas_9E.html.
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Sorry, there are no Bill Cosby dates.
One of America's most beloved comedians of all time, Bill Cosby has captivated generations of fans with his comedy routines, iconic albums and best-selling books such as Fatherhood. His comedy transcends age, gender and cultural barriers.
Cosby broke television's racial barrier with I Spy, becoming the first African American to costar on a television series while winning three consecutive Emmys. He created and produced the Emmy-winning cartoon Fat Albert and the Cosby Kids, which began airing in the 1970s and was made into a film in 2004. The show, based on Cosby's childhood in Philadelphia, was designed to educate and entertain.
The former Navy serviceman's illustrious list of accomplishments includes roles on the children's educational show Electric Company and creating and producing the Emmy award wining Little Bill, which is based on his best-selling book series.
Perhaps Cosby's greatest contribution to American entertainment and culture is The Cosby Show, about a close-knit, upper middle class black family. Cosby said his intent was to portray an American family. Time magazine called the show "an encouraging sign of maturity in matters of race." The Cosby Show dominated the No. One spot for years, earning nearly unanimous critical praise. Life magazine described the program as "a gentle, whimsical, warmhearted" show whose "delicious ordinariness of its pleasures and tribulations has given millions a fresh, laughter-splashed perspective on their own domestic lives."
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Game of Thrones Actor Gets Stabbed in Bar Fight, Orders Another Drink
Sean Bean, the actor who plays Ned Stark on Game of Thrones and played Boromir in Lord of the Rings was stabbed in a bar fight Sunday evening. But instead of going to the hospital, he walked back inside and ordered another drink. Badass!
Apparently Bean was smoking in front of his local pub in London with a "glamour model" (which is British for topless model) when someone walking by made a lewd comment about her. Bean chased him off, but when he went out for another cigarette the guy was waiting and stabbed him in the arm and punched him in the face. Bean chased him off again, but instead of going to the hospital, he patched himself up with a first aid kit and kept on drinking. Sean Bean is officially my new hero. I question if there is some parallel between what happened to him in real life and to his character on Sunday night's episode. The similarities are uncanny!


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APPEAL from the District Court for Massachusetts.
The steamer Siren was captured in the harbor of Charleston in attempting to violate the blockade of that port, in February, 1865, by the steamer Gladiolus, belonging to the navy of the United States. She was placed in charge of a prize master and crew, and ordered to the port of Boston [74 U.S. 152, 153] for adjudication. On her way she was obliged to put into the port of New York for coal, and, in proceeding thence through the narrow passage which leads to Long Island Sound, known as Hurlgate, she ran into and sank the sloop Harper, loaded with iron, and bound from New York to Providence, Rhode Island. The collision was regarded by this court, on the evidence, as the fault of the Siren.
On the arrival of the steamer at Boston, a libel in prize was filed against her, and no claim having been presented, she was, in April following, condemned as lawful prize, and sold. The proceeds of the sale were deposited with the assistant treasurer of the United States, in compliance with the act of Congress, where they now remain, subject to the order of the court.
In these proceedings the owners of the sloop Harper, and the owners of her cargo, intervened by petition, asserting a claim upon the vessel and her proceeds, for the damages sustained by the collision, and praying that their claim might be allowed and paid out of the proceeds.
The District Court held that the intervention could not be allowed, and dismissed the petitions; and hence the present appeals.
Mr. Ashton, Assistant Attorney-General Of the United States, argued the case fully, upon principles and authority, maintaining the correctness of the decree below upon several specific grounds, resolvable into these two general ones:
1st. That to allow the intervention would be, in substance, to allow the citizen to implead the government, which, he asserted, was universally repugnant to settled principles; and,
2d. That the question as to a claim upon a prize ship, created after capture, was not within the jurisdiction of a prize court, which, he contended, can deal only with the question of prize or no prize.
Mr. Causten Browne, contra.
Mr. Justice FIELD delivered the opinion of the court.
It is a familiar doctrine of the common law, that the [74 U.S. 152, 154] sovereign cannot be sued in his own courts without his consent. The doctrine rests upon reasons of public policy; the inconvenience and danger which would follow from any different rule. It is obvious that the public service would be hindered, and the public safety endangered, if the supreme authority could be subjected to suit at the instance of every citizen, and consequently controlled in the use and disposition of the means required for the proper administration of the government. The exemption from direct suit is, therefore, without exception. This doctrine of the common law is equally applicable to the supreme authority of the nation, the United States. They cannot be subjected to legal proceedings at law or in equity without their consent; and whoever institutes such proceedings must bring his case within the authority of some act of Congress. Such is the language of this court in United States v. Clarke. 1
The same exemption from judicial process extends to the property of the United States, and for the same reasons. As justly observed by the learned judge who tried this case, there is no distinction between suits against the government directly, and suits against its property.
But although direct suits cannot be maintained against the United States, or against their property, yet, when the United States institute a suit, they waive their exemption so far as to allow a presentation by the defendant of set-offs, legal and equitable, to the extent of the demand made or property claimed, and when they proceed in rem, they open to consideration all claims and equities in regard to the property libelled. They then stand in such proceedings, with reference to the rights of defendants or claimants, precisely as private suitors, except that they are exempt from costs and from affirmative relief against them, beyond the demand or property in controversy. In United States v. Ringgold,2 a claim of the defendant was allowed as a set-off to the demand of the government. 'No direct suit,' said the court, 'can be maintained against the United States. [74 U.S. 152, 155] But when an action is brought by the United States to recover moneys in the hands of a party who has a legal claim against them, it would be a very rigid principle to deny to him the right of setting up such claim in a court of justice, and turn him round to an application to Congress.' So in United States v. Macdaniel,3 to which reference is made in the case cited, the defendant was allowed to set off against the demand of the government a claim for services as agent for the payment of the navy pension fund, to which the court held he was equitably entitled. The question, said the court, was, whether the defendant should surrender the money which happened to be in his hands, and then petition Congress on the subject; and it was held that the government had no right, legal or equitable, to the money.
For the damages occasioned by collision of vessels at sea a claim is created against the vessel in fault, in favor of the injured party. This claim may be enforced in the admiralty by a proceeding in rem, except where the vessel is the property of the United States. In such case the claim exists equally as if the vessel belonged to a private citizen, but for reasons of public policy, already stated, cannot be enforced by direct proceedings against the vessel. It stands, in that respect, like a claim against the government, incapable of enforcement without its consent, and unavailable for any purpose.
In England, when the damage is inflicted by a vessel belonging to the crown, it was formerly held that the remedy must be sought against the officer in command of the offending ship. But the present practice is to file a libel in rem, upon which the court directs the registrar to write to the lords of the admiralty requesting an appearance on behalf of the crown-which is generally given-when the subsequent proceedings to decree are conducted as in other cases. 4 In the case of The Athol,5 the court refused to issue a monition to the lords of the admiralty to appear in a suit for damage by collision, occasioned to a vessel by a ship of [74 U.S. 152, 156] the crown; but the lords having subsequently directed an appearance to be entered, the court proceeded with the case, and awarded damages. As no warrant issues in these cases for the arrest of the vessels of the crown, and no bail is given on the appearance, it is insisted that they are brought simply to ascertain the extent of the damages, and that the decrees are little more than awards, so far as the government is concerned. This may be the only result of the suits, but they are instituted and conducted on the hypothesis that claims against the offending vessels are created by the collision. 6 The vessels are not arrested and taken into custody by the marshal, for the reasons of public policy already stated, and for the further reason that it is to be presumed that the government will at once satisfy a decree rendered by its own tribunals in a case in which it has voluntarily appeared.
It is true, that in case of damage committed by a public vessel a legal responsibility attaches to the actual wrongdoer, the commanding officer of the offending ship, and the injured party may seek redress against him; but this is not inconsistent with the existence of a claim against the vessel itself. In the case of The Athol, already referred to, where the liability of the actual wrongdoer is asserted, damages against the vessel were pronounced after an appearance on behalf of the crown had been given by the admiralty proctor. 7
The inability to enforce the claim against the vessel is not inconsistent with its existence.
Seamen's wages constitute preferred claims, under the maritime law, upon all vessels; yet they cannot be enforced against a vessel of the nation, or a vessel employed in its service. In a case before the Admiralty Court of Pennsylvania, in 1781, it was adjudged, on a plea to the jurisdiction, that mariners enlisting on board a ship of war belonging to a sovereign independent State could not libel the ship for their wages. [74 U.S. 152, 157] In a case in the English Admiralty Court, a libel having been filed to enforce a claim for seamen's wages against a packet ship employed in the service of the General Post Office, Sir William Scott declined to take jurisdiction until notice was given to the Post Office Department, and he was informed that no objection was taken to the proceeding. 8 The fact that the court took jurisdiction when the exemption, upon which the government could insist, was waived, shows that a claim against the vessel existed, as only upon its existence could the libel in any event be sustained.
Even where claims are made liens upon property by statute, they cannot be enforced by direct suit, if the property subsequently vest in the government. Thus in Massachusetts the statutes provide, that any person to whom money is due for labor and materials furnished in the construction of a vessel in that commonwealth, shall have a lien upon her, which shall be preferred to all other liens except mariners' wages, and shall continue until the debt is paid, unless lost by a failure to comply with certain specified conditions; yet in a recent case, where a vessel subject to a lien of this character was transferred to the United States, it was held that the lien could not be enforced in the courts of that State. The decision was placed upon the general exemption of the government and its property from legal process. 9
So also express contract liens upon the property of the United States are incapable of enforcement. A mortgage upon property, the title to which had subsequently passed to the United States, would be in the same position as a claim against a vessel of the government, incapable of enforcement by legal proceedings. The United States, possessing the fee, would be an indispensable party to any suit to foreclose the equity of redemption, or to obtain a sale of the premises. In Lutwich v. The Attorney-General, a case cited by Lord Hardwicke in deciding Reeve v. Attorney-General,10 a bill was filed to foreclose a mortgage after the mortgagor [74 U.S. 152, 158] had been attainted for high treason, and the court refused a foreclosure against the crown, but directed that the mortgagee should hold and enjoy the mortgaged premises until the crown thought proper to redeem the estate.
In Hodge v. Attorney-General,11 the deeds of certain leasehold estates had been deposited by one Bailey with the plaintiffs, who were bankers, to secure a balance of a running account between him and them. Bailey was afterwards convicted of felony, and the leasehold estates vested in the crown. At the time of his conviction he was indebted to the plaintiffs, who filed a bill against the attorney-general, claiming to be equitable mortgagees of the leasehold estates, to subject the property to sale, and the application of the proceeds to the payment of the amount due them. But the court said that the only decree which could be made in the case was to declare the plaintiffs to be equitable mortgagees of the property, to direct an account to be taken, and that the plaintiffs hold possession of the property until their lien was satisfied. 'I do not think,' said Baron Alderson, in giving the decision, 'that I have any jurisdiction in this case to order a sale. Here the legal estate is vested in the crown; and I do not know any process by which this court can compel the crown to convey that legal estate.'
In this country, where, as a general rule, a mortgage is treated only as a lien or incumbrance, and the mortgagor retains possession of the premises, the relief granted in the two cases cited would be of no avail.
The authorities to which we have referred are sufficient to show that the existence of a claim, and even of a lien upon property, is not always dependent upon the ability of the holder to enforce it by legal proceedings. A claim or lien existing and continuing will be enforced by the courts whenever the property upon which it lies becomes subject to their jurisdiction and control. Then the rights and interests of all parties will be respected and maintained. Thus, if the government, having the title to land subject to the [74 U.S. 152, 159] mortgage of the previous owner, should transfer the property, the jurisdiction of the court to enforce the lien would at once attach, as it existed before the acquisition of the property by the government.
So if property belonging to the government, upon which claims exist, is sold upon judicial decree, and the proceeds are paid into the registry, the court would have jurisdiction to direct the claims to be satisfied out of them. Such decree of sale could only be made upon application of the government, and by its appearance in court, as we have already said, it waives its exemption and submits to the application of the same principles by which justice is administered between private suitors.
Now, it is a settled principle of admiralty law, that all maritime claims upon the vessel extend equally to the proceeds arising from its sale, and are to be satisfied out of them. Assuming, therefore, that the Siren was in fault, and that by the tort she committed a claim was created against her, we do not perceive any just ground for refusing its satisfaction out of the proceeds of her sale. The government is the actor in the suit for her condemnation. It asks for her sale, and the proceeds coming into the registry of the court, come affected with all the claims which existed upon the vessel created subsequent to her capture. There is no authority, that we are aware of, which would exempt them under these circumstances, because of the exemption of the government from a direct proceeding in rem against the vessel whilst in its custody.
This doctrine was applied by this court in the case of the St. Jago de Cuba,12 where a libel was filed by the United States to forfeit the vessel for violation of the laws prohibiting the slave trade. Claims of seamen for wages, and of material-men for supplies, when the parties were ignorant of the illegal voyage of the vessel, were allowed and paid out of the proceeds. These claims arose subsequent to the illegal acts which created the forfeiture, yet they were not [74 U.S. 152, 160] superseded by the claim of the government. 'In case of wreck and salvage,' said the court, 'it is unquestionable that the forfeiture would be superseded; and we see no ground on which to preclude any other maritime claim fairly and honestly acquired.' This language, though used with reference to claims arising out of contract, may be applied to claims arising out of torts committed after the capture of the offending vessel.
In United States v. Wilder13 it was held that goods of the United States were subject to contribution equally with goods of private shippers, to meet the expenses incurred in saving them, which were averaged, and that the owners of the vessel could retain the goods, until their share of the contribution to the average was paid or secured. The United States claimed the right to take the goods without paying or securing this share; and this being denied, the action was brought to recover their value. In delivering the opinion, Mr. Justice Story stated that he was unable to distinguish the case from one of salvage, and that it had never been doubted that in cases of salvage of private ships and cargoes, the freight on board belonging to the government was equally subject to the admiralty process in rem for its proportion due for salvage with that of mere private shippers; but that it might be, for aught he knew, different in cases of the salvage of public ships. 'The same reasoning, however,' continued the learned justice, 'which has been applied by the government against the lien for general average, applies with equal force against the lien for salvage of government property under all circumstances. Besides, it is by no means true, that liens existing on particular things are displaced by the government becoming, or succeeding to the proprietary interest. The lien of seamen's wages and of bottomry bonds exists in all cases as much against the government, becoming proprietors by way of purchase, or forfeiture, or otherwise, as it does against the particular things in the possession of a private person.' [74 U.S. 152, 161] In the case of The Schooner Davis and Cargo, recently decided in the Circuit Court of the United States for the Southern District of New York, cotton belonging to the United States was held liable to contribution to meet the allowance made for salvage services in saving vessel and cargo. 'The mere fact,' said the court, 'of the ownership of the cotton by the government, in the act of being carried to its port of destination for the purposes of a market as merchandise, we think did not exempt it from the lien in case of salvage service. We shall not enter into an argument in support of the position, as the subject, or rather a kindred one-the liability of property of the government for general average-and the present question incidentally have been already most elaborately examined by Mr. Justice Story. 14 We are inclined, also, to the opinion, that it is the doctrine of the admiralty in England,15 and of the most approved modern elementary writers on the subject in this country.' 16
There is no just foundation for the objection that claims for maritime torts cannot be dealt with and adjusted by a prize court. 'It is a principle well settled, and constantly conceded and applied,' said Chancellor Kent, 'that prize courts have exclusive jurisdiction and an enlarged discretion as to the allowance of freight, damages, expenses, and costs in all cases of captures, and as to all torts, and personal injuries, and ill-treatments, and abuse of power connected with captures jure belli; and the courts will frequently award large and liberal damages in those cases.' 17 The jurisdiction is not, therefore, limited to the determination of the simple question of prize or no prize. But whatever may be the limitation upon the jurisdiction of a prize court in England, there is no such limitation upon the District Court sitting as a prize court in this country. Here, the District Court, as was said in United States v. Weed,18 'holds both its [74 U.S. 152, 162] prize jurisdiction and its jurisdiction as an instance court of admiralty from the Constitution and the acts of Congress, and is but one court with these different branches of admiralty jurisdiction, as well as cognizance of other and distinct subjects.' It may, therefore, hear and determine all questions respecting claims arising after the capture of the vessel. Outstanding claims upon the vessel, existing previous to the capture, cannot be considered. This exclusion rests not on the ground of any supposed inability of the court to pass upon these claims correctly, but because they are superseded by the capture. 19
As to the suggestion that a maritime tort, committed by a ship in possession of a prize master and crew, ought not to create a claim on the vessel against a neutral owner in case the vessel is restored, it is sufficient to say, although the vessel having been condemned the question is not of importance in this case, that the claim in that event, if held to exist, would not be the subject of consideration by the prize court. Here, however, the title was divested from the previous owner by the capture, that being lawful, and vested in the United States (in trust as to one-half for the captors), although the legality of the capture was not established until the sentence of condemnation.
It does not appear that the court below considered the evidence as to the character and extent of the alleged tort. It appears to have placed its decision entirely upon the legal proposition, that the captured vessel was exempt from legal process at the suit of the intervenors, and that consequently the proceeds of the vessel could not be subjected to the satisfaction of their claims. We have, however, looked into the evidence, and are satisfied that the collision was the fault of the Siren. It took place in the daytime. The sloop was seen from the steamer in time to avoid her. The steamer was out of the regular track for steamers passing through Hurlgate. The passage is noted for its difficulties and dangers, [74 U.S. 152, 163] and, under the laws of New York, pilots are specially commissioned to take vessels through it. The prize master engaged a pilot for the Sound to take the steamer from New York to Boston, but refused to engage a Hurlgate pilot, his reason being to avoid expense. With such a pilot she would have been taken in the regular track of steamers northward of Blackwell's Island, and so close to Flood Rock as to aboid the sloop, as might easily have been done. We do not think it important to cite from the evidence in vindication of our conclusion, especially as it was not seriously contested on the argument that the Siren was responsible for the collision.
The decree must be REVERSED, and the cause remanded to the court below, with directions to assess the damages and pay them out of the proceeds of the vessel before distribution to the captors.
Mr. Justice NELSON, dissenting.
I am unable to concur in the opinion just delivered. The steamer Siren, having been captured by the United States steamship Gladiolus, a government vessel of war, jure belli, became the property of the United States, subject only to the right of the claimant to have the question of the legality of the capture determined by the prize court to which it was sent for condemnation. Captures made by government vessels belong to the government, and no title exists in the captors, except to their distributive shares of the proceeds after condemnation. 20
I agree that the Siren, while on her way, after capture, under the charge of the prize master, was in fault in the collision with the sloop Harper, on her passage from the East River into the Sound, and that, if she had belonged to a private owner, she would have been liable, in the admiralty, for all the damages consequent upon this fault. Nor do I make any question as to a lien for the damages against the [74 U.S. 152, 164] vessel in such a case, and which may be enforced by a proceeding in rem; or may be by a petition to the court against the proceeds, in the registry, if, for any cause, the offending vessel has been sold, and no prior lien exists against these proceeds. But if the owner of the offending vessel is not liable at all for the collision, it follows, as a necessary legal consequence, that there can be no lien, otherwise the non-liability would amount to nothing. It would be idle to say that the owner was not liable for the wrong, and at the same time subject his vessel for the damages occasioned. In this case, therefore, before a lien can be established or enforced against the Siren by a proceeding in rem, for the fault in question, or, which is the same thing, before it can be applied to the proceeds of the vessel in the registry, it must first be shown that the United States, the owner, is legally liable for the collision. In saying legally liable, I do not mean thereby legally liable to a suit; but legally liable upon common law principles in case a suit might have been maintained against the government; in other words, legally liable for the wrongful acts of her officers or public agents. That, in my judgment, is the turning-point in this case, and the principle is as applicable to the proceeds of the Siren in the registry as to the vessel itself. If the government is not responsible, upon the principles of the common law, for wrongs committed by her officers or agents, then, whether the proceedings in the admiralty are against the vessel, or its proceeds, the court is bound to dismiss them.
Now, no principle at common law is better settled than that the government is not liable for the wrongful acts of her public agents. Judge Story, in his work on Agency, states it as follows: 'It is plain,' he observes, 'that the government itself is not responsible for the misfeasances, or wrongs, or negligences, or omissions of duty of the subordinate officers or agents employed in the public service; for it does not undertake to guarantee to any persons the fidelity of any of the officers or agents whom it employs, since that would involve it in all its operations in endless embarrassments, and difficulties, and losses, which would be subversive [74 U.S. 152, 165] of the public interests.' When we take into view the multitude of public officers and agents, which the government is obliged to employ in conducting its affairs, the soundness, propriety, and even necessity of this principle become at once apparent. In our judgment the present case falls directly within it. In all these cases of wrongs committed by public officers or agents, the legal responsibility attaches to the actual wrongdoer.
It is supposed that the liability of government property for salvage or general average contribution, for services or sacrifices, in cases of impending danger to the property, afford some authority for the judgment in the present case. We are unable to perceive any analogy to the principle we have been discussing. There a portion of the property is taken, or appropriated, as a compensation for saving it from a peril that threatened the loss of the whole. The cases involve no principle concerning the liability of the government for the tortious acts of its public officers.
Great stress is laid also upon the circumstance that the United States is the libellant, and has brought the offending vessel or its proceeds into court, and that the proceeding against the fund in the registry is not a suit against the government. But the answer to this is not that the proceeding may not be taken against the fund in the registry, although there is certainly some difficulty in distinguishing between that and a proceeding against the vessel itself, but that the fund which belongs to the government is not liable at all for the wrongful acts of its officers, which wrongful acts lie at the foundation of the judgment rendered in the case. It is for this principle I contend, and for which I am compelled to dissent from the judgment.
[ Footnote 1 ] 8 Peters, 444.
[ Footnote 2 ] 8 Ib. 150.
[ Footnote 3 ] 7 Peters, 16.
[ Footnote 4 ] Coote's New Admiralty Practice, 31.
[ Footnote 5 ] 1 W. Robinson, 382.
[ Footnote 6 ] The Clara, 1 Swabey, 3; and the Swallow, Ib. 30.
[ Footnote 7 ] See, also, United States v. Brig Malek Adhel, 2 Howard, 233.
[ Footnote 8 ] The Lord Hobart, 2 Dodson, 103.
[ Footnote 9 ] Briggs and another v. Light Boats, 11 Allen, 157.
[ Footnote 10 ] 2 Atkyns, 223.
[ Footnote 11 ] 3 Younge & Collyer, 342.
[ Footnote 12 ] 9 Wheaton, 409.
[ Footnote 13 ] 3 Sumner, 308.
[ Footnote 14 ] 3 Sumner, 308.
[ Footnote 15 ] 3 Haggard, 246.
[ Footnote 16 ] 1 Parsons's Maritime Law, 324; 2 Ib. 625; Marvin on Wrecks and Salvage, 122; see, also, 7 Wheaton, 283.
[ Footnote 17 ] 1 Kent, 354.
[ Footnote 18 ] 5 Wallace, 69.
[ Footnote 19 ] The Battle, 6 Wallace, 498; The Hampton, 5 Ib. 372; and The Frances, 8 Cranch, 418.
[ Footnote 20 ] Dos Hermanos, 10 Wheaton, 306; The Aigburth, Blatchford's Prize Cases, 635; The Adventure, 8 Cranch, 226.
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Citation: 74 U.S. 152
Decided: December 01, 1868
Court: United States Supreme Court
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"I Love to Tell the Story"
- Lucy Neeley Adams
- 2007 15 Aug
"She May Not Know Me - But I Know Her"
For several months sweet old Mr. Sam went to the Nursing Home each morning at 9:00. One stormy day the nurse who cared for his wife, wondered if he would come out in this awful weather. But he arrived exactly at the same time ready for his special visit. Nurse Susan commented on his faithfulness to his wife who did not even recognize him anymore. Mr. Sam smiled and replied, "She may not know who I am, but I know who she is."
With those words of love, he entered the same room, and sat in the same chair and took the same cherished and wrinkled hand he had held for almost 60 years.
In a much deeper way, Jesus our Lord and Savior comes to each of us with the perfect love of God in His heart. He is faithful and continues to come. But those who do not know who Jesus is do not respond nor receive Him into their hearts.
His love does not diminish, however. He continues to knock at the heart's door. "Behold, I stand at the door and knock, if anyone hears My voice and opens the door I will come in and sup with him" (Rev.3:20).
In Philippians 2:8-11 we further understand why God came to us:
"And being found in appearance as a man, He humbled Himself and became obedient to the point of death, even the death of the cross. Therefore God also has highly exalted Him and given Him the name which is above every name, that at the name of Jesus every knee should bow, of those in heaven, and of those on earth, and those under the earth and that every tongue should confess that Jesus Christ is Lord, to the glory of God the Father."
His love and His purpose never changes even if there is no response. Since the beginning of creation, God has reached out to touch and to guide His people. But there were those who walked in rebellion and were led away from His purpose.
It began in the Garden with Adam and Eve. It persisted through Abraham, Issac and Jacob. Then Moses led God's people out of bondage in Egypt. Prophet, priest and king continued to speak for God. There were always obedient people but some chose their own selfish way.
But praise to the great God of creation who came in human flesh as a little baby to grow into manhood. The King of all Kings, Jesus the Christ has shown us the way to salvation. Many do not know Him, but there is no doubt that He knows us.
He wants to hold the hand of the rebellious, the disobedient, and those in the grip of addictions. He loves and waits for the response of any persons caught in those traps. It is up to us who have answered Jesus' call to give hope to the lost. To share the gospel message is not only imperative but joyful.
The words of Jesus in Mark 16:15 continue to give perfect guidance: "Go into all the world and preach the gospel to every creature."
Long ago, in 1834, a woman was born who would eventually write a hymn that embodies this idea. Katherine Hankey lived her life in London, England and was reared in a Christian home. In fact, her family often invited guests to their home to study the Bible. Katherine, nicknamed Kate, even took Bible study into the slums of the city to teach Sunday school classes.
When she was thirty years old an illness kept her bedridden for many months. But this did not curb her enthusiasm for sharing the gospel message. Writing poetry that told the story of Jesus was her outlet. The longest poem was divided into two sections, entitled "The Story Wanted" and "The Story Told."
Through this time of bedrest Katherine Hankey gave the world one of the most heartwarming hymns ever written. "I Love To Tell the Story" was published in 1868. It was taken from the second part of the longer poem. Music was composed by William G. Fisher.
"I love to tell the story of unseen things above,
Of Jesus and his glory, of Jesus and his love.
I love to tell the story, because I know 'tis true,
It satisfies my longings as nothing else can do.
"I love to tell the story, 'twill be my theme in glory,
To tell the old, old story of Jesus and his love."
As the hymn continues for three more verses it creates a desire to know more. I am sure it was Hankey's intent that believers learn all that is possible about this blessed Savior. In fact, in the last verse she reveals her own desire to know more:
"I love to tell the story, for those who know it best,
Seem hungering and thirsting to hear it like the rest.
And when, in scenes of glory, I sing the new, new song,
'Twill be the old, old story, that I have loved so long."
There was a memorable day when I myself visited a nursing home. That experience is recorded in my book, 52 Hymn Story Devotions. "Carrie Shook was one hundred years old and asked that I come to her room for a visit. The tattered black leather Bible on her bedside offered witness that she had loved to hear and tell the story for a long time. Her whispery voice repeated the words of several old hymns. What a joy to hear her say, 'I like hearing about Jesus. He keeps me company all the time.' My precious friend blessed my life that day."
Dear Lord Jesus, I come to you in thanksgiving that someone told me about You when I was a child. Thank You for knocking on the door of my heart. You loved me and waited patiently until my needs were so great that I knew there was no where else to go. I had knowledge in my head but it was not until I hungered and thirsted for more of your Truth and Power that I began to walk in Your abundance. Now I love to tell Your story. Yes Jesus, I pray in Your name.
Lucy Neeley Adams has always loved music. She began telling the story of hymns on Christian radio WWGM in Nashville, TN, in the '80s. She then wrote a newspaper column titled "Song Stories" for five years. During that time Lucy's book, 52 Hymn Story Devotions, was published by Abingdon Press in Nashville. Each of the 52 stories contained in the book is written in a devotional format, with the words of the hymn concluding each devotion. Lucy, dubbed "The hymn lady," can be heard on the first Thursday of each month when she discusses hymn stories during a telephone interview with Michelle Mendoza of "Living Christian." The program is aired on station KCIS in Seattle, WA. Lucy lives at Lake Junaluska, NC, with her minister husband, Woody. They have four children and fourteen grandchildren. She may be reached for comment at email@example.com. Visit her at 52hymns.com.


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That's right, it's the one day a year record stores and artists big or small break out their best box sets and witty t shirts, and urge you to drive past Best Buy to instead swarm the aisles at your nearest independent music store.
Artists often offer up debut or long coveted releases at promotional prices during record store day, and participating stores have the opportunity to order and pass on the savings and the experience to you, the music lovin' shopper. As of late, shopping local seems to becoming more trendy than ever. If you're a record lover, then you probably know it's not trendy to support indie shop owners and musicians – it's just plain old common sense.
To find your local participating RSD store, go here.
If you're in my area of Cincinnati, I highly suggest Shake It Records. They're hosting a meet and greet with Talib Kweli at 1 p.m., an acoustic set from Wussy at 7 p.m., and an in-store show from Cincinnati's Foxy Shazam at 9 p.m. to end the
Even 2011 Record Store Day Official Ambassador Ozzy Osbourne thinks you should go:


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Hyperbolicity of Orthogonal Involutions
We show that a non-hyperbolic orthogonal involution on a central simple algebra over a field of characteristic $\ne2$ remains non-hyperbolic over some splitting field of the algebra.
2010 Mathematics Subject Classification: 14L17; 14C25
Keywords and Phrases: Algebraic groups, involutions, projective homogeneous varieties, Chow groups and motives, Steenrod operations.
Full text: dvi.gz 49 k, dvi 123 k, ps.gz 987 k, pdf 288 k.
Home Page of DOCUMENTA MATHEMATICA


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Somehow, [acidx] knew that I coveted a libretto for years. He sent in his writeup on modding his Libretto 50ct to be a bit more useful. The mods are pretty basic, he overclocked it to 133Mhz and added a ps/2 port. The tweaks keep the well aged libretto a usable platform.
Pssst. wanna see your hack on Hack-A-Day? Use the tips line!


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Natural Awakenings Publishing Corp.
Early Roots
Healthy living entrepreneur Sharon Bruckman launched the first Natural Awakenings magazine in Naples, Florida in 1994 in response to a strong local holistic health community and thousands of like-minded readers eager to connect with each other. The publication became an immediate success. A second, Sarasota, edition soon followed. In 1999 John Voell stepped in bringing extensive franchise experience to assist in co-founding Natural Awakenings Publishing Corporation.
Today we are over 45 markets strong. We serve a thriving community of over 1.3 million responsive readers.
"We rejoice that the wellness revolution I saw emerging all those years ago is now in full swing, propelled by the kind of people who read our magazines and website, and benefiting both our readers and the world," says Bruckman. "Our job is to keep our finger on the pulse of advancing thought in order to keep everyone apprised of the best healthy-life choices available to them."
Daily Fruits
Each month Natural Awakenings magazines across the country take a practical look at the latest natural approaches to nutrition, fitness, creative expression, personal growth and sustainable living. We interview national experts we think you'd like to meet. We offer inspiring how-to articles. Each month brings fresh perspective around a timely theme sure to pique your interest.
At the front of each community issue, we present global news and views as a complement to news and events of local interest. We highlight healing arts practitioners in the local area. And we connect you with a wealth of national and local resources mapping out alternate routes to a healthier, happier, longer life. A life that feels good all the way around.
"We love to spread light," Bruckman smiles. "We rejoice that our readers take responsibility for their own health and well-being. Our magazines speak to them. And the authentic beauty of their lives lets us know how we're doing. This give and take of collaboration sweetens and enlivens the journey for everyone."
Awakening one community at a time...naturally.


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Search the news for "copper theft" and look through the headlines. LOOK. Why are there so many stories? Stealing wire to sell the copper? From a cell tower? What is this, the Great Depression?
Reports from the Department of Energy estimate that copper theft is responsible for $1 billion worth of damage every single year. The problem is so rampant that there's a coalition to prevent copper theft. State laws are being passed left and right, requiring close monitoring of all copper sales. What gives? It's the economy, stupid.
The Market Price of Copper Is High
Over the past year alone, the price of copper surged from ~$3.50/lb. to ~$4.50/lb. before shooting down to ~$4.00/lb in the past couple of weeks (two years ago, it was under $2.00/lb.). Those are record prices. A 2007 Department of Energy report says that copper is more in demand than any other point in history. And considering that up until recently, most electrical wire was made entirely from copper, it's damn abundant. Put two and two together and it's easy to see how one could make a quick score from a copper heist.
The Economy Blows
Maybe things aren't quite as bad as they were in 2008, but unemployment is still an issue. The U.S. credit rating has been downgraded, and the stock market seems to be unraveling. When the economy isn't good, the construction industry generally suffers. Know who would be good at harvesting copper from things? YES! Unemployed construction workers!
The Weather is Warm
Sociologists have always correlated the rise in temperature with an increase in crime. The reasoning is that we're more active when its warm, thus criminals are more likely to engage in crimes because it's easier to do so. But there's another reason directly related to copper: it's in air conditioners. So while people have their window units out during the summer, it provides more opportunity for copper theft.
The Risk Is Low
According to that same Department of Energy report, people like stealing copper wire (and scrap metal in general), because the risk of punishment is minimal. The report says that the likelihood of getting caught, prosecuted and convicted are all low.
Who Are These Jackasses Stealing Wire?
• Well there was one man in Illinois who died after trying to rip out a live copper wire from a power substation. He was literally blown out of his shoes.
• In the Northern California city of San Leandro, 10,000 feet of copper wire was stolen in the middle of the night from UNDERGROUND, leaving some residents without power.
• That's not the only time a city has gone without power as a result of copper theft. In June, the same thing happened in Cranberry Township, Pa, depriving thousands of power (in a city of only 23,000)
• One Man in Australia posed as a technician to gain access to telephone switch junctions and underground power stations to steal wire. He did $110,000 worth of damage.
• According to the NY Times, the city of Fresno, Ca began sealing its manholes with concrete to prevent people from getting access to the underground wire systems.
Image via Shutterstock
You can keep up with Adrian Covert, the author of this post, on Twitter or Facebook.


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A 43-year-old man was crushed to death by a freight elevator Saturday in Manhattan, police said.
The man apparently was loading merchandise into the elevator at about 5:45 p.m. when it started to ascend and pinned him to the ceiling, investigators said.
The accident occurred at the La Reguera Dominicana store on West 182 Street in Washington Heights, police said.
The identity of the man was withheld by police until his family could be notified.


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Scarlett Johansson has responded to criticism over her new ad campaign for an Israeli company that operates in the West Bank, but she's not pulling out of the endorsement deal.
The 29-year-old actress said in a statement released Friday to The Huffington Post that she "never intended on being the face of any social or political movement, distinction, separation or stance" as part of her affiliation with SodaStream International Ltd.
The Israeli drink maker recently signed the "Her" and "The Avengers" actress as its first "global brand ambassador." She is to appear in a television ad during the Super Bowl on Feb. 2.
SodaStream has come under fire from pro-Palestinian activists for maintaining a large factory in an Israeli settlement in the West Bank, a territory captured by Israel in 1967 and claimed by the Palestinians.
Oxfam International took issue with Johansson this week because the humanitarian group opposes "all trade" from Israeli settlements, saying they are illegal and deny Palestinian rights.
Johansson has served as a global ambassador for Oxfam since 2005, raising funds and promoting awareness about global poverty.
"I remain a supporter of economic cooperation and social interaction between a democratic Israel and Palestine," said Johansson. "SodaStream is a company that is not only committed to the environment but to building a bridge to peace between Israel and Palestine, supporting neighbors working alongside each other, receiving equal pay, equal benefits and equal rights."
Johansson added that she stands behind the SodaStream product and is proud of her work with Oxfam.


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This 16th century icon is a part of a celebrated set of festal icons showing important events in the life of Jesus plus a few other renowned feasts of the year. It was painted by George the Cretan for the Holy Monastery of Dionysiou on Mount Athos, and together they are known to be great examples of Post-Byzantine Greek iconographic art. This icon is the seventh of that set of icons.
Christ makes a triumphal entry into the Holy City of Jerusalem from the Mount of Olive seated on the foal of an ass, as the children and a multitude of people throw branches and garments on the way calling out, "Blessed is He that comes in the Name of the Lord; Hosanna in the highest" (Matthew 21:9). Christ could always have chosen an earthly kingdom, but His Everlasting Kingdom was already established, yet not on earth, but in Heaven. Often we are looking for a worldly kingdom, even in religious terms, without thinking why Christ Himself always avoided that very thing in His work here on earth. He calls us to continuously look beyond our limited awareness to seek that which is from above and Heavenly, not from just below, and earthly.


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Investor sentiment in Germany rose to a 32-month high in January, according to a survey released Tuesday.
The ZEW indicator of economic sentiment now stands at 31.5, marking its highest level since May 2010, said the Center for European Economic Research.
The increase suggests that investors are more optimistic about the outlook for the German economy over the next six months.
It also reflects increased confidence that the euro currency union will remain intact, the center said.
Germany is the largest economy in the euro area and the long-running debt crisis in the currency zone has taken a toll on the nation's exporters. In the fourth quarter, German gross domestic product shrank by about 0.5% as exports and investment fell.
Related: Too soon to celebrate in Davos
The improved tone in German financial markets reflects hopes that German companies will begin ramping up investments that had been delayed during the thick of the crisis last year, according to ZEW president Wolfgang Franz. But the tepid outlook for economic growth outside of Germany means demand for German-made goods will remain weak, he added.
"This suggests that the German economy will further grow at a moderate level in 2013," said Franz.
Investors have also been encouraged by the European Central Bank's more aggressive stance, said Ashraf Laidi, chief global strategist at City Index in London.
Laidi noted that the ZEW index's 7.6-point increase in January was the largest point gain since February 2012, when the ECB announced its second long-term refinancing operation.
The gain in January "is a fitting reflection of investor sentiment with regards to recovering market conditions, rather than improving macroeconomic dynamics," said Liadi.


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Original Equipment Manufacturers (OEMs) need to engineer their vehicles and connected car ecosystems for compliance and customer experience.
(Revised version with update on GDPR 25/05/2017)
In the era of the connected car, OEMs need to transform their approach to customer data, address privacy concerns and comply with regulation especially regarding the new GDPR
These challenges are compounded by rapidly evolving privacy regulations, and the difficulty of changing mindsets within well-established businesses
While many original equipment manufacturers (OEMs) have got up to speed quickly with the data protection requirements which come with connected vehicles, a new piece of European legislation with global implications will mean they must shift gear to ensure they are compliant. Data plays an increasingly important role for OEMs, so ensuring that they comply with the General Data Protection Regulation (GDPR), through a strong privacy strategy is essential. Without this, their ability to harness the value of the data their vehicles produce will be deeply compromised (note 2).
Developing a compliant approach to data privacy while at the same time delivering a compelling customer experience is mission critical for connected-car manufacturers. Valuable lessons may be learned from sectors that have already sweated over the best ways to protect customer privacy and instil customer trust. Yet vehicle manufacturers also face a unique set of hurdles, given the level of disruption brought about by connected cars. We believe the Holy Grail for OEMs is a strategy that addresses privacy holistically and transparently, which goes beyond merely complying with legislation such as the GDPR. Reaching this stage will not be a simple process, but it is essential as if an organisation fails to comply with the GDPR it can be fined 4% of its annual global turnover.
In November 2015, Allgemeiner Deutscher Automobil-Club (ADAC), the German motorist organisation, discovered that large amounts of data were being captured by the on-board diagnostics (OBD) system of a BMW320d, including driving destinations and phone contacts, without the permission of the user (note 3). Other models will doubtlessly have the same issues – previously, this data could only be accessed by directly connecting to the OBD, but now the data is starting to be transmitted wirelessly – and the amount of data being captured is growing by the day. Explicit customer permissions is a core principle in GDPR. OEMs must ensure that connected car data is not captured, processed and shared without a customer proactively opting in. This is just one of the privacy challenges that confront connected-car teams.
OEMs need to learn how to handle huge volumes of data – a car can generate up to several GB per hour according to some estimates
As connected cars move to the mainstream, OEMs will have to deal directly and around-the-clock with consumers – a sharp contrast from previous, sporadic interactions through dealerships. An important part of this new relationship will be based around data, which will flow automatically from car to manufacturer (note 2). This means that OEMs need to learn how to handle large volumes of data – more than 25GB per hour per car, according to some estimates (note 3) – as well as deal with consumer concerns over how that data is being used, stored and shared.
Doing this well will mean significant organisational changes for OEMs. Software is already becoming a key differentiator (note 4) for customers when making decisions about which new car to buy (note 5). As OEMs add more software to their cars, there will be new services to manage and more data to analyse, store and secure – a serious shift from the old hardware-focused days. The organisational structure of car manufacturers will increasingly change to reflect these changes. Building privacy and data governance into these new structures should be a high priority.
Whilst the first challenge was building the right infrastructure, teams and individual capabilities to handle data comprehensively and thoughtfully, OEMs are now faced with a new challenge having to adapt their systems to the requirements of the GDPR. A clear appreciation for data protection, and in particular the details of the GDPR, will be required, as many in the industry are not yet familiar with existing regulations and internal policies. This can lead to miscommunications with the public, which does nothing to put privacy fears to rest (note 6).
Vehicle manufacturers are scrambling to find their place in a highly dynamic ecosystem of connected-car services – having to determine which services to provide to customers, and with whom they should partner to achieve this. A central question concerns which connected services should be developed in-house and which should be fielded out to partners and third parties. External companies, for example, may be less rigorous than the OEMs in attending scrupulously to secure data management as they are not the data controllers. In the event of a problem it is the OEM that will bear the brunt of the reputational damage, not the service provider. Beyond reputational risks, it is the OEM again, not the service provider, that must answer to the National Data Protection Authority and become liable for the fines in cases of infringement. This has major implications for the privacy strategy of manufacturers.
Importantly, access to customer data won't just be confined to external digital service providers. As the connected-car ecosystem matures, cars will increasingly communicate with pedestrians, public infrastructure (such as the Safespot project currently being trialled in Europe, which creates dynamic networks between vehicles and infrastructure to improve safety (note 7)), and other cars – including some from different manufacturers. Ultimately, this will lead to a vast number of interconnections where the privacy of the consumer must be considered and protected – yet another reason to develop a holistic privacy framework.
In the event of a problem, it is the OEM that will bear the brunt of the reputational damage – not the service provider
One of the biggest challenges around privacy is that it brings a new set of interests into the development process. Engineers, naturally, want to design innovative products that use customer data in novel and exciting ways, and so may be less aware of data privacy compliance. This can create conflict with legal teams, who strive to minimise risk in such projects and the OEM's potential liability. Similarly, marketing teams have their own set of priorities: how to harness data to grow their insights about customers and vehicles, and how to sell these innovations.
At present, legal teams tend to be disconnected from the development phase of projects, often brought in late in the process once the product or service has already been developed. This can lead to situations where a project is eventually deemed unviable from a legal perspective after engineers have worked on it for months, serving to undermine the relationship between the two departments as a result. A holistic privacy framework would stop these issues before they even start.
Anything to boost the OEM's profile as a privacy leader will go a long way to boosting the culture of privacy in the organisation
In October 2015, Volvo announced it would accept full liability for its cars when they are driving in autonomous mode (note 8). This move represents a landmark for connected cars, effectively removing one area of concern for consumers as they make purchasing decisions on new cars. Now, OEMs need to make the same leap forward for privacy.
In order to deal with privacy issues in a holistic way that complies with the GDPR, OEMs must address a number of challenges and change their structures to accommodate privacy across the whole business. But where to start?
To be ready for the GDPR coming into effect in May 2018 OEMs must start planning and acting now. To begin with, they should review the legislation to understand its implications. As OEMs are still navigating how to best use connected car data for customer and business value, complying with the GDPR adds additional complexity. Establishing the amount of effort required at the beginning to cover the full scope of personal data used across the business is vital to ensuring a successful compliance project.
Carrying out an audit of the personal data an organisation holds and processes is a critical first step to understanding what data is held, where it originated and who it is shared with. Connected Car initiatives have driven OEMs to ask customers to sign a Connected Car Privacy Policy as part of their account set up. These must be reviewed to ensure they are in line with GDPR requirements with particular attention paid to the rights which individuals have. Do policies afford individuals the ability to request the data that is held about them? Can individuals correct their data? Are individuals able to delete their data?
Deletion of data is a particularly thorny issue. For OEMs to provide Connected Car services they are often required to transfer and store data across multiple different platforms and to share data with suppliers. The surfeit of data processors means that OEMs must implement particularly robust processes to allow them to comply with customers' requests that their data be deleted. Moreover, such requests have to be balanced against requirements to retain data to protect OEMs against litigation.
Another important consideration is whether the current processes ask customers for their consent to be contacted directly based on vehicle diagnostic information and consent for this data to be shared with the dealer network and to receive proactive communications? [RM1] These are only some of the rights which individuals have because of the GDPR. However, drafting a compliant Privacy Policy is only half the battle – the critical question for organisations is if they have the processes in place to allow individuals to exercise their rights?
Implementing the required processes is essential for organisations to understand their data flows – they can do so through mapping where their data is sent. This will allow them to identify any weaknesses in their data security and IT infrastructure. Once all of this is understood they should draft and prioritise a set of initiatives which will enable them to become GDPR ready.
BMW recently launched CarData, positioning itself at the forefront of GDPR compliance. This new service provides a high level of transparency, security and puts their customers in control of their telematics data. Customers are provided with a summary of the data sent by their vehicle to BMW ConnectedDrive system, and a view of the latest version of their data. They can also request that their data be archived and have the option to share their data with third parties.
Privacy must become an integral part of every OEM's company vision, and a core component of the company culture. Despite some recent initiatives, this is yet to be the norm industry-wide. The first step in this direction is reaching consensus at board level that privacy must be managed comprehensively, at every stage of connected-car development and beyond. Once this is attained, OEMs will be in a position to begin securing data at every stage of the value loop, within every node of the organisation.
The next step is appointing a data protection officer to the C-suite, who will be responsible for developing a company-wide privacy programme to deliver GDPR compliance to historical data and all future data initiatives. Companies can then implement a privacy committee or centre of excellence, install privacy champions in every department, build training plans for privacy awareness, and run regular privacy audits across the business.
First conceived in 1995, Privacy by Design (PbD) has shot to prominence in recent years thanks to the advent of bigdata technologies, and their implications for consumer privacy. At the heart of PbD is the idea that privacy should be taken into account throughout the whole engineering process, rather than tacked on at the end. PbD is now widely accepted by regulators around the world as a fundamental aspect of privacy protection and is a key concept in GDPR.
PbD brings many benefits to organisations that adopt it into their engineering processes. First, it engenders increased awareness of privacy issues within businesses. Second, it assists companies in identifying potential privacy issues at an early stage of development. This will help minimise projects being scrapped belatedly as non-viable from a privacy perspective.
To implement PbD, clear communication channels need to be established – whereby information on current regulations informs the planning of design projects, and an appropriate and structured review process is in place that involves the relevant stakeholders, including product development teams, connected-car teams and legal departments. This approach must also be pragmatic: managing customer expectations over privacy must be weighed against the seamless experience that connected car technologies will provide them with.
Many technology leaders already incorporate PbD into their existing development processes. Facebook's Chief Privacy Officer claims that the company incorporates PbD principles into every product, feature and update it now builds (note 9). Apple encrypts all outgoing messages from its iPhones without storing the unique encryption key, meaning the company couldn't hand the keys over to the authorities even if it wanted to (note 10). OEMs must hold themselves to the same standards as these privacy leaders.
Privacy issues demand legal solutions. As well as the traditional duties of negotiating contracts with suppliers and defending their employer from lawsuits, OEM legal teams must become advocates for customer privacy in the new environment of PbD – a drastic change in both culture and scope. Much rides on whether legal teams can resist acting as blockers to bright ideas, and instead act as facilitators of innovation just as they continue to foster privacy awareness.
Nowadays, when a vehicle manufacturer is deciding which new connected services to offer, it is the job of legal to advise on what can be done from a data protection point of view, in addition to what the customer privacy expectations are in that domain. For this to be more effective, legal teams need to become better integrated into the strategy, design, development and engineering phases of connected-car teams. They will also need to learn, speak and teach a new language: privacy. All of this requires that legal professionals possess skill-sets in these areas - presenting a new hiring and training challenge for OEMs.
To that end, vehicle manufacturers should create connected-car data privacy roles that get involved at every stage of the product development and launch process. To supervise this team, there should be a connected-car data protection officer who would report to the company's new C-level data protection officer. Qualified lawyers with expertise in contracts, data protection and an understanding of the GDPR then need to be brought on board. This team should sit in the connected-car business unit and have a deep understanding of the services being developed. In this way, it should be able to offer targeted legal advice and, most critically, direct and realign development based on regulatory compliance.
The GDPR is just one example of how privacy legislation is evolving, data legislation also changed in Russia in 2016. Even small changes in policy can have immediate and disruptive effects for OEMs.
To ensure compliance with the GDPR and any legislation which may follow, and therefore mitigate the risk of legal challenges, vehicle manufacturers must extend the remit of existing compliance teams towards data protection and the digital environment. The first role of these new teams should be to monitor regulatory changes worldwide that impact customer data protection, and communicate these changes to the relevant stakeholders before they come into force. The team should then provide instantaneous impact assessment on data regulation compliance for every change, across every country and product. This should help unearth the changes that need to be made, and lead change across the business.
The second role of these teams should be to influence and lobby regulatory bodies to push data privacy in a direction that will benefit the current business strategy of the OEM. These new roles will require different skillsets from the teams managed by the OEM's Chief Compliance Officer, which will require the recruitment of lawyers expert in data protection, as well as lobbyists and compliance analysts.
OEMs would do well to look at Microsoft as an example of a global company implementing these privacy measures effectively. The company has a 'global privacy community' composed of privacy champions, leads and managers, who give advice across the whole business on privacy-related issues. Each business group is responsible for ensuring that it is compliant with corporate privacy requirements, with mechanisms in place to ensure this happens, including training, privacy identification tools, and an escalation response framework (note 11).
At the heart of all these privacy issues is the need to design connected-car services in a way that allows customers to exert meaningful control over their personal data, whilst maintaining their enjoyment of the services provided.
This means developing a forthcoming, informative privacy policy and set of terms and conditions for consumers. This is an area where OEMs can learn from best practices: Uber and Facebook, for example, group their privacy settings in easy-to-read modules, and use a multilayered approach. As standard practice in these companies, each privacy setting can be summed up in one sentence but, if customers click through, they have access to extended information. New policy changes are explained clearly to customers in one email, with an opt-in box to click.
A key function of privacy settings already available from leaders and required by GDPR is the ability to easily opt out of the connected-car services, erasing all customer data and details collected, as well as the ability to download all the data that a company has collected from them (note 12). OEMs must now adopt this as standard. But in order to reach the next level of customer engagement when it comes to privacy, OEMs could also consider public awareness campaigns: from infographics to privacy FAQs and videos – anything that enhances the OEM's profile as a privacy leader will go a long way to boosting the culture of privacy in the organisation.
However, learning from other sectors will only take vehicle manufacturers so far. A mobile phone, for example, typically only has one user over the course of its lifetime, but a car could have multiple users and multiple owners. How can OEMs ensure that every time a person gets in the driving seat, they have accepted the privacy policy for each service? Should the customer assume their data will always remain private unless specifically told otherwise? These are questions to which OEMs must find answers.
By being the manufacturer that really 'gets' privacy, an OEM stands to make huge leaps in terms of both customer loyalty and brand image.
How can OEMs ensure that every time a person gets in the driving seat, they have accepted the privacy policy for each service? Should the customer assume their data will always remain private unless specifically told otherwise? These are questions to which OEMs must find answers
The risks for OEMs of getting privacy strategy and compliance wrong are high, as the consequences are spread across a number of areas: substantial fines (up to 4% of annual global turnover or €20 million), compliance risk, reputational risk, and the threat of alienating customers with high expectations when it comes to privacy protection. But this is also an opportunity for OEMs to rise above their competitors. By being the manufacturer that really 'gets' privacy, they stand to make huge leaps in terms of both customer loyalty and brand image. But in order to do this, privacy must be instilled into every step of the connected-car development and design process – anything other than a holistic approach will ensure that OEMs are always on the back foot, putting themselves in the way of risk, and missing out on huge opportunities to gain a lead on their rivals.
Although OEMs can undertake a number of measures to address the privacy concerns of customers, the fact is that the concept of privacy has shifted and will continue to develop, as technology opens both individuals and companies up to the transparency of the connected world. The GDPR establishes some basic principles and good practices for businesses to protect their customers. OEMs must embed these principles and processes as the starting place, but they should also continue to challenge their own collection and use of customer data. They must focus first on building a compelling and transparent customer experience and build trust with customers so that the acceptance and use of connected car services continues to grow and pave the way for the autonomous future.
• Connected cars will change the relationship between the vehicle manufacturers and their customers – for the first time, they will communicate around the clock, and directly
• They will also change the nature of the OEM ecosystem – new players will emerge who want access to customer data in return for advanced products and services
• Keeping customer data safe will mean bringing the legal team into a bold new position within the OEM – and this will bring its own challenges of culture and integration
• The key to protecting customer data will be a holistic data privacy strategy – OEMs must integrate privacy into their culture and processes
• Legal teams will need to be completely re-shaped and integrated within connected-car teams in the boardroom, with appointments and policies that acknowledge the importance of protecting the privacy of their customers
• OEMs will need to keep a watchful eye on ever-evolving privacy regulations around the world to ensure their products match international compliance expectations
• Vehicle manufacturers can use privacy by design principles to create a holistic and pragmatic approach to privacy
• Overall, though, privacy must become a core part of the OEM's brand
• This must translate into a smooth, easy-to-understand experience for the customer


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Mandriva Linux is a venerable distribution with numerous advantages to recommend it, but it's no secret that the software's French publisher has been facing tough times.
An announcement is apparently imminent as to the company's financial future, but in the meantime Mageia–the fork that was born as a result of all the turbulence–is proceeding along nicely.
Mageia has gained considerable popularity since its creation in late 2010, and it now occupies the No. 6 spot on DistroWatch's popularity rankings–particularly impressive given that Mandriva is currently at No. 23.
The latest news is that a release candidate for Mageia 2.0 made its official debut on Wednesday, with a final release planned for May 22. Though it's not intended for production purposes, the RC software is now available as a free download.
Want a sneak preview of what's coming? Here's a quick rundown of some of the highlights you'll find in this community-run open source operating system.
1. Four Desktop Environments
Included in Mageia 2 RC are a full four options for desktop environments, including KDE 4.8.2, GNOME 3.4.1, LXDE, and Sugar 0.95.
2. Multiple Window Managers
Continuing the theme of choice, Mageia 2 RC also comes packed with an assortment of window managers. Among them are Enlightenment (E17), IceWM, Openbox, Razor-qt, and Window Maker.
3. PulseAudio 2.0
Brand-new in this release candidate is a prerelease version of the PulseAudio 2.0 networked sound server. "The primary reason for this inclusion is to take advantage of support in kernel 3.3 for headphone jack detection, such that the correct audio path can be used for controlling output and adjusting volumes can be enabled automatically when appropriate," the Mageia developers explain. "This has been a long standing bugbear and a very visible (well audible!) problem for users." Mageia 2 final will include the final version of the software, they added.
4. Six Web Browsers
On the Web browser front, Mageia 2 RC offers Firefox, Chromium, Epiphany, Opera, Konqueror, and Midori.
5. Four Mail Clients
On Mageia 2's mail front, meanwhile, there's Thunderbird, Evolution, Kmail, and Claws Mail.
6. Under the Hood
Regarding Mageia's base system, the stable release of Linux kernel 3.3.4 is included, as is stable glibc 2.14.1 and systemd for booting. Systemd offers a simpler boot process and easier maintenance, but the option of keeping the current init system will still be offered for those who prefer it, Mageia's developers say. The CUPS printing system, meanwhile, has been updated to version 1.5.2.


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{Blog Tour} The Lords of Miami: To Catch Her by Alice K. Wayne (@QueenOfTheBreed)
The Lords of Miami: To Catch Her
by Alice K. Wayne
Release Date: February 24th, 2017
Genre: Contemporary Romance
The Lords of Miami: To Catch Her, an all-new contemporary romance by Alice K. Wayne is now available!!
Book one of the Brothers Ramírez
Tomás Ramírez was the youngest son of his organized crime family, and the only smear they carried on their perfect lineage. He was brazen, defiant, and shamelessly sexual, with a sadistic streak that left me lying awake at night wondering what he would do to me, or my body, next. He was the type of man that made me hate him while I clung to him.
Oh… and did I mention he's blackmailing me?
Mikayla Jones was a sweet, quirky girl, with a dirty past, trying to make her way alone in the world. She was doing just fine in her warm bed of lies, until I came along and burned it all to hell, making her face the truth and confront her demons.
"Why?" you might ask… because I'm in love with the silly little girl, and I won't stop until she's mine.
About The Author -
Alice K. Wayne is a paranormal romance/ erotica writer straight out of the Motor City.
From a young age books became her favorite escape, and that love eventually turned to writing as well.
Alice loves traveling, is a self proclaimed foodie, sushi addict, selfie Queen, and like all good Detroiters, is completely obsessed with Red Wings hockey.
If you like thick books with twists, turns, depth, and LOTS of steamy scenes these books are for you!
Visit With Alice -
February 2022


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A service of the U.S. National Library of Medicine
National Institutes of Health
ACL surgery may not shorten WNBA career
URL of this page: http://www.nlm.nih.gov/medlineplus/news/fullstory_134007.html (*this news item will not be available after 05/14/2013)
Wednesday, February 13, 2013
By Kathryn Doyle
NEW YORK (Reuters Health) - A common knee surgery that can sideline athletes for months does not ultimately affect the career length of women invited to the Women's National Basketball Association (WNBA), according to a new study.
"With appropriate rehabilitation, ACL injuries do not mean an early end to an otherwise promising athletic career," said lead author Dr. Moira McCarthy, an orthopedic surgeon at the Hospital for Special Surgery in New York City.
McCarthy told Reuters Health she was surprised and impressed by just how many women enter the WNBA with a history of knee injury or surgery.
In particular, the anterior cruciate ligament (ACL), which runs through the knee joint and connects the thigh and shin bones, can be damaged during running or pivoting. Women are at higher risk for ACL injuries than men, and that gender divide widens in intense sports like basketball and soccer.
To see whether female athletes with repaired knees suffer long-term career consequences, McCarthy and her colleagues looked at a healthcare database for 500 players entering the WNBA combine, an invitation-only precursor to the draft, from 2000 to 2008.
Fifteen percent of the athletes reported having torn an ACL, compared to less than a tenth of one percent in the general population. Almost all the injured athletes had reconstructive surgery.
No position on the team appeared more likely to suffer damage to the ACL or to the meniscus, another part of the knee joint subject to tearing injuries.
"The meniscus is a shock absorber, a shock transmitter, all the pounding that goes on in a performance athlete can wear that down," Dr. Richard Parker, an Orthopedic surgeon at the Cleveland Clinic in Ohio who wasn't involved in the study, told Reuters Health.
And each ACL injury is different, Parker said. Most people take six or eight months to return to sport, but "We all hear the story about the person who gets back at four months, and the person who doesn't get back at all."
With or without a history of surgery at these locations, the average WNBA career lasts between three and four years.
McCarthy's team also found that neither career length nor the round in which an athlete was drafted were affected by having had knee repairs.
Parker points out that some women with more severe injuries probably could not return to their previous level of play and were not invited to the combine, skewing the results.
But the young athletes who are able to return to form after surgery and are still invited to the combine do just as well in the WNBA as women who never suffered the injury, according to the results published in the American Journal of Sports Medicine.
These are still serious injuries, said Dr. Amanda Weiss Kelly, director of pediatric sports medicine at UH Case Medical Center in Cleveland, but "what this shows you is that at least at the professional level, if you work hard, you can get recruited."
ACL injury is more common in women than in men in every sport, noted Kelly, who was not involved in the new study. This could be due to differences in core strength, joint flexibility, hamstring and quadriceps strength, and the size of the notch in the thigh bone where the ACL connects, she said.
"That is what we saw back then and see now," said Parker, who has been the team doctor for the Cleveland Cavaliers men's basketball team for 13 years, and also tended to the Cleveland Rockers WNBA team until it folded in 2003.
On the women's professional team, seven of the 12 players had one or both ACLs reconstructed, he recalls, compared to just one of the men on the Cavaliers now.
While ACL injury is still a serious problem, things are looking up, according to Parker. "Our rehab techniques are better, prevention exercises are better, surgery is better," he said.
Coaches of girls sports teams invest more in learning about prevention now that they know the risks are higher for women, Kelly said.
Prevention exercises teach girls to jump and land in a way that puts less stress on the ACL, and training to strengthen the hamstrings and quadriceps. The exercises have been effective at reducing the number of injuries on a team, but they aren't a guarantee, according to Parker.
"At the end of the day you can't go out and play a sport at the highest level and be afraid," Parker said. "The only way to 100 percent prevent these injuries is to outlaw basketball."
SOURCE: http://bit.ly/12M5Zve American Journal of Sports Medicine, online February 1, 2013.
Reuters Health
(c) Copyright Thomson Reuters 2013. Check for restrictions at: http://about.reuters.com/fulllegal.asp
- More Health News on:
- Knee Injuries and Disorders
- Sports Injuries


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Native Plants
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Asclepias quadrifolia
Asclepias quadrifolia Jacq.
Fourleaf Milkweed
Asclepiadaceae (Milkweed Family)
USDA Symbol: asqu
USDA Native Status: L48 (N), CAN (N)
Threatened in NH, RI.
From the Image Gallery
Plant CharacteristicsDuration: Perennial
Habit: Herb
Leaf Arrangement: Opposite , Whorled
Leaf Complexity: Simple
Leaf Shape: Elliptic , Lanceolate , Ovate
Leaf Margin: Entire
Leaf Base: Cuneate
Fruit Type: Achene , Follicle
Bloom InformationBloom Color: White , Pink
Bloom Time: May , Jun , Jul
DistributionUSA: AL , AR , CT , DE , GA , IA , IL , IN , KS , KY , MA , MD , MN , MO , NC , NH , NJ , NY , OH , OK , PA , RI , SC , TN , VA , VT , WV
Canada: ON
Growing ConditionsLight Requirement: Sun , Part Shade , Shade
Soil Moisture: Dry , Moist
BenefitFragrant Flowers: yes
Value to Beneficial InsectsSpecial Value to Native Bees
Special Value to Bumble Bees
Special Value to Honey Bees
Supports Conservation Biological Control
This information was provided by the Pollinator Program at The Xerces Society for Invertebrate Conservation.
From the National Organizations DirectoryAccording to the species list provided by Affiliate Organizations, this plant is on display at the following locations:
Natural Biodiversity - Johnstown, PA
Additional resourcesUSDA: Find Asclepias quadrifolia in USDA Plants
FNA: Find Asclepias quadrifolia in the Flora of North America (if available)
Google: Search Google for Asclepias quadrifolia
MetadataRecord Modified: 2022-05-04
Research By: TWC Staff