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Request for Rulemaking Concerning Shareholder Communications
April 12, 2004
April 12, 2004
Mr. Jonathan G. Katz
Dear Mr. Katz:
Re: Petition for Rulemaking Regarding Shareholder Communications
This Petition for Rulemaking is submitted on behalf of the Business Roundtable, an association of chief executive officers of leading corporations with a combined workforce of more than 10 million employees in the United States and $3.7 trillion in annual revenues. We are concerned about ongoing problems with the current shareholder communications system pursuant to which we communicate with the beneficial owners of our securities held in street or nominee name. Accordingly, we urge the Commission to re-examine the system in light of technological and regulatory developments.
As described in detail in the attached Petition for Rulemaking, the current communication system is overly cumbersome, circuitous and expensive. It prevents companies from communicating directly with most of their street name holders. Instead, they must go through brokers and banks or their agents to distribute proxy materials to street name holders and tabulate voting results. As a result, it is very difficult and expensive for companies to communicate with their beneficial owners.
The Commission developed the current system in the 1980s. During the ensuing 20 years, companies' need to communicate with their shareholders has grown, and technological advances have made direct communications far more feasible. As we wrote in our December 22, 2003, comment letter to the Commission on its proposed director election rules, companies' would have an even greater need to communicate with their shareholders if the proposed rules were adopted.
Therefore, the Business Roundtable requests that the Commission conduct a thorough review of the current shareholder communications system. In particular, we recommend that the Commission consider requiring brokers and banks to provide companies with contact information for all beneficial owners, and permit companies to mail proxy materials directly to all beneficial owners. We believe this is an important step in improving communications between companies and all their shareholders.
Thank you for considering our request. We would be happy to discuss this issue further with the Commission or members of the Commission staff.
Steve Odland
cc: Hon. William H. Donaldson, Chairman-U.S. Securities & Exchange Commission
Business Roundtable
Petition for Rulemaking Regarding Shareholder Communications
I. Introduction
The time has come for the U.S. Securities and Exchange Commission (the "Commission" or "SEC") to re-examine the shareholder communications system. Although communicating with shareholders is becoming increasingly important, companies remain hampered by a communications process developed in the mid-1980s that is cumbersome, circuitous and overly expensive.1 Companies' lack of ability to communicate with beneficial owners of their stock is primarily a result of the increased prevalence of shares held in the names of brokers and banks (so-called "street name" holdings). As discussed below, the current communications system provides companies only a limited ability to communicate directly with their beneficial owners whose shares are held in street name.
Technological advances since the 1980s have made direct communications with beneficial shareowners far more feasible. Moreover, as a result of recent regulatory developments, such as the erosion of the availability of broker voting and proposed SEC rules regarding the director election process, and industry trends, such as increased street name holdings and increased shareholder activism, companies have a heightened need to easily communicate with all their shareholders. Unfortunately, under current SEC rules proxy materials must be mailed to street name holders through their brokers and banks, or their agents, which adds unnecessary delays and costs. In addition, current SEC rules prohibit companies from communicating directly with beneficial owners who object to providing their name and address to companies (so-called "OBOs"). This is particularly significant given that OBOs beneficially own the majority of most public companies' shares.2
The street name system of share ownership was developed to enable securities transactions to be cleared more efficiently, but it should not stand in the way of efficient shareholder communications, especially given recent technological advances.3 Enhanced communication among directors, management and shareholders is an important part of enhancing corporate governance. Therefore, we urge the Commission to conduct a thorough review of the current shareholder communications system.4 In particular, we recommend that the Commission require brokers and banks to provide companies with contact information for all beneficial owners and permit the direct mailing of all communications (including proxy materials) to beneficial owners. We also encourage the Commission to require brokers and banks to execute omnibus proxies on behalf of beneficial owners, thereby allowing them to vote their shares directly.
II. Background
A. "Street Name" Share Ownership
The majority of publicly traded shares are not registered in companies' records in the names of the beneficial owners. Instead, an estimated 70-80 percent of all public companies' shares are held in "street name," meaning that they are held of record by brokers, banks or their depositories.5 Most street name shares are registered in the name "Cede & Co.," the name used by The Depository Trust Company ("DTC"),6 which holds shares on behalf if its participant brokers and banks. These participant brokers and banks in turn hold the shares on behalf of their clients, the individual beneficial owners. Under this "daisy chain" system, state law deems DTC to be the "legal" owner of the shares, and DTC therefore possesses all of the rights incident to share ownership, including the right to vote.7
Because DTC's role is only that of custodian, a number of mechanisms have been developed in order to pass its legal rights down the chain to the beneficial owners. The first step in passing voting rights down the chain is the "omnibus proxy," which DTC executes to transfer its voting rights to its participant brokers and banks.8 What happens next depends on whether a DTC participant is a broker or a bank.
Where the DTC participant is a broker, New York Stock Exchange ("NYSE") rules govern the voting of proxies.9 Under SEC and NYSE rules, brokers must deliver proxy materials to beneficial owners and request voting instructions.10 Where voting instructions have not been received by the broker by the tenth day preceding the meeting date, the so-called "ten-day rule" permits brokers to vote on certain matters deemed "routine" by the NYSE.11 On "non-routine" matters, NYSE rules prohibit brokers from casting uninstructed votes for shares they do not beneficially own without receiving instructions from the beneficial owners.12 It is important to note that the voting rights received by brokers are not passed on via proxy to their customers; instead, brokers retain the right to vote the shares, but may only do so with instructions, or as otherwise permitted by ten-day rule.
Although these NYSE rules are not applicable to banks, they are often prohibited from voting the securities held in their customers' accounts by express agreements with their customers.13 Where banks hold securities as nominees for smaller, regional "respondent" banks, federal proxy rules require those banks to execute omnibus proxies in favor of the respondent banks, and deliver the omnibus proxies to the company.14 Where a bank holds securities on behalf of a customer who is the beneficial owner, the bank must either (1) forward the proxy to the beneficial owner, executed in blank to be filled in by the beneficial owner, or (2) request voting instructions from the beneficial owners and afterward complete and return the proxies to the company based on those instructions.15 Absent some independent arrangement with their customers, banks have no discretionary voting authority analogous to the ten-day rule.16
B. The NOBO/OBO System
The names of the ultimate beneficial owners of street name shares - i.e., the customers of the brokers and banks who have deposited the shares with DTC - are maintained by the brokers and banks, not by companies themselves. Recognizing that this system left companies without direct contact with a large proportion of their beneficial owners, the Commission adopted rules in 1983, which went into effect in 1986, requiring brokers and banks to provide companies with lists of "non-objecting beneficial owners" (or "NOBOs") who did not object to having their names and addresses supplied to companies.17 Objecting beneficial owners (or "OBOs"), which constitute an estimated 75 percent of shares held in street name,18 still may be contacted directly only by the broker or bank, or its agent. Although companies may mail proxy materials directly to NOBOs, as a practical matter they never do so, because current SEC rules require companies to forward proxy materials through brokers and banks regardless of whether they are also mailed directly.19 Therefore, companies only use NOBO lists to mail out supplemental materials, annual reports and quarterly reports, which do not have to be mailed through brokers and banks.20 Furthermore, because only the brokers and banks are legally entitled to vote shares held in street name, companies cannot use NOBO lists to enable beneficial owners to vote directly with the company.
C. The Role of ADP
The overwhelming majority of brokers and banks have contracted out the administrative processes of distributing proxy materials, tabulating votes, and responding to requests for NOBO lists, to the Investor Communications Services Division of Automatic Data Processing, Inc. ("ADP").21 Brokers and banks accomplish this by transferring the proxy authority they receive from DTC (via omnibus proxy) to ADP via powers of attorney.22 ADP then mails the proxy statements and voting instruction forms (known as "VIFs") to beneficial owners. It does not mail "proxies" to beneficial owners; instead, it requests voting instructions from beneficial owners via the VIFs, and thereby retains the legal right to vote the shares.23 ADP, as the agent of the brokers and banks, also has the responsibility of creating NOBO lists upon request by companies.24 As discussed below, companies must reimburse ADP for its dissemination of proxy materials and other communications, and creation of NOBO lists according to a fee structure established by the NYSE and approved by the SEC.25
III. Reasons for Re-Examining Shareholder Communications System
A. Increased Focus on Shareholder Communications
1. Shareholder Activism
Increased shareholder activism in recent years has heightened the need for companies to be able to communicate with beneficial owners. For example, the number of shareholder proposals submitted in connection with annual meetings has risen from 221 in 1999 to 1,081 in 2003.26 Moreover, as shareholder activism increases, it becomes increasingly important for companies to be able to communicate with beneficial owners regarding those proposals.
2. SEC and NYSE Rules Regarding Shareholder/Director Communications
Regulatory developments in recent years have also contributed to the rising importance of communications between companies and their shareholders. For example, as a part of its efforts to enhance corporate governance, the Commission recently adopted rule amendments requiring, among other things, disclosure of whether a company has a process in place by which security holders can communicate with the board of directors, and if not, why not.27 Companies that have such a process must disclose the details of that process in the company's proxy statement.28 In addition, the NYSE's recently enhanced corporate governance listing standards address the issue of greater access to the board.29 These developments underscore the importance of opening lines of communication between directors and beneficial owners. In addition to enabling shareholders to more easily communicate with companies, the Commission should also work to ease the difficulties companies face in communicating with shareholders. Enhancing companies' access to their beneficial owners would also inure to the benefit of other shareholders, who are entitled to receive shareholders lists in the possession of the company.30
3. SEC's Proposed Election Contest Rules
Companies' need to communicate with their shareholders will be further exacerbated if the Commission adopts final rules to enable shareholders to directly nominate candidates for the board of directors (the "Election Contest Rules").31 Under the Election Contest Rules, shareholder nominations for the board of directors would have to be included in company proxy materials if one of two triggers is met: (1) more than 35 percent of shares voted are "withhold" votes for a director, or (2) a proposal made by a more than 1 percent shareholder to activate shareholder nomination procedures receives a majority vote.32 If one of these triggers is reached, any group comprised of the holders of more than 5 percent of the company's stock would be able to place up to three director nominees (depending on the size of the board) in the company's proxy statement and on the company's proxy card for two years.33
Once the Election Contest procedure is triggered and shareholder nominees are included in company proxy materials, the board will have a resultant fiduciary duty to support the nominees it believes would best serve the interests of the company and all of its shareholders. In this regard, when a board of directors nominates a slate of director candidates, it must act in a manner it believes to be in the best interests of the company and all of its shareholders. Accordingly, a board that receives a shareholder nominee through the Election Contest procedure would be required to consider whether the board's own nominees would better manage the company and better satisfy applicable independence standards (e.g., the NYSE and NASDAQ independence requirements). If so, the board's fiduciary duties would require it to act to counter the shareholder nominee. This would result in additional communication between the company and its shareholders, in order to solicit support for board-nominated candidates. In this regard, there generally are at least five times more communications to shareholders in a proxy contest than during a routine annual meeting solicitation. Even before the Election Contest procedure is triggered, companies will need to communicate with the beneficial owners of their shares in connection with triggering events. Companies will need to provide shareholders with information regarding Election Contest shareholder proposals, and will need to support board-nominated candidates in order to avoid tripping the "withhold" votes trigger.
Because the Election Contest Rules would require increased shareholder communications, it is important that the Commission conduct a thorough review of the shareholder communications system (and complete any resulting revisions) before the effectiveness of any Election Contest rules.34
4. Erosion of Broker Voting: NYSE Ten-Day Rule
As noted above, the NYSE's "ten-day rule," embodied in NYSE Rule 452, gives brokers discretionary authority to vote proxies on "routine" matters for beneficial owners who have not given voting instructions by the tenth day before the meeting at which the votes are to be cast. The ten-day rule is an important tool for enabling companies to achieve quorum at meetings of stockholders. The applicability of the ten-day rule has been limited recently, however, as a result of the NYSE's new listing standards requiring shareholder approval of equity compensation plans. The amended listing standards deem shareholder approval of equity compensation plans to be a "non-routine" matter on which broker votes are prohibited. As a result, companies now have an increased need to communicate with shareholders in order to support the board's recommendations regarding equity compensation plans.
The Election Contest Rules could, if adopted, further limit the effectiveness of the ten-day rule. Because brokers' discretionary voting authority under the ten-day rule is limited to voting on routine matters, the NYSE may deny brokers the authority to vote in a contested director election or on a shareholder proposal to activate the Election Contest procedure.35 If brokers were unable to vote on behalf of non-responding shareholders on Election Contest shareholder proposals, companies would have an even greater need to communicate with their shareholders to solicit votes in support of board-nominated candidates or against Election Contest shareholder proposals.
Moreover, if the ten-day rule is abolished, as some commenters have recommended,36 the overall number of votes cast would decrease considerably because votes would not be cast on behalf of beneficial owners of shares held in street name who do not give voting instructions to their brokers. Therefore, because the Election Contest Rules include a "withhold" votes triggering event based on the number of votes cast (as opposed to the number of shares outstanding), eliminating the ten-day rule would make the threshold for withhold votes much easier to trigger. Accordingly, elimination of the ten-day rule would increase companies' need to communicate with shareholders in the event of a withhold votes campaign against a board-nominated candidate. Elimination of the ten-day rule would also increase the importance of shareholder communications in that companies would need to encourage beneficial owners to return voting instructions even on routine matters, or risk granting institutional investors (who tend to return their proxies more frequently) a disproportionate amount of the voting power. Furthermore, since beneficial owners assume that their brokers or will cast votes on their behalf, they will be disenfranchised without an extensive educational campaigns to make them understand that they need to return voting instructions.37
B. Current Inefficiencies
The current system of shareholder communications is circuitous and unnecessarily time-consuming. As noted earlier, companies may communicate directly only with NOBOs, and only for the purpose of mailing annual and quarterly reports and supplementary materials. Proxy mailings and vote tabulations for beneficial owners of shares held in street name must all be conducted by the broker, bank or ADP. OBOs may be contacted directly by only the broker, bank or ADP, regardless of the purpose of the communication. Going through a broker, bank or ADP to forward proxy materials and other communications to beneficial owners inserts an unnecessary time delay in delivering those materials to beneficial owners.
A description of the process of forwarding proxy materials in connection with a company's annual meeting will help illustrate this point. Under SEC rules, the process must begin with a search card.38 At least 20 business days (i.e., approximately one calendar month) prior to the record date for the annual meeting, companies must send a search card to any "broker, dealer, voting trustee, bank, association, or other entity that exercises fiduciary powers in nominee name" that the company "knows" is holding shares for beneficial owners.39 The search card must request: (1) the number of proxies and other solicitation materials needed for forwarding to beneficial owners; (2) the number of annual reports needed for forwarding; and (3) the name and address of any agent appointed by the bank or broker to process a request for a list of beneficial owners.40 Practically speaking, however, the process begins even before the search card is mailed. Since most brokers and banks deposit their shares with DTC, which is therefore the record holder, companies must first request from DTC a list of its participant brokers and banks holding the company's shares.41 DTC must promptly respond to the company with the number of shares in each participant's account, and may charge a fee for this service.42 Shortly before the record date, DTC executes omnibus proxies in favor of its participants in order to grant them the power to vote.43
Once the identities of participants (banks and brokers) are ascertained, the company then sends them the search cards described above. Upon receipt, brokers and banks (or, more commonly their agent, ADP) respond with the requested information. In the case of brokers, a response must be sent to the company within seven business days of receipt.44 The response must include the approximate number of beneficial owners, and, if the company will be mailing annual reports directly, the response must also identify any agent (such as ADP) appointed by the broker to process a request for a NOBO list.45
For banks, the process is even more circuitous. Because of the problem of "layering," it is frequently the case that the participant bank will own shares not on behalf of the beneficial owner, but instead on behalf of another respondent bank, which may in turn be holding on behalf of another respondent bank, and so on.46 Therefore, SEC rules require banks to respond within one business day with the identities of all respondent banks, and must respond within seven days with the number of beneficial owners on whose behalf it owns shares directly.47 The company must then send a search card to all respondent banks, and the process is repeated until eventually, the company knows the total number of sets of proxy materials needed in order to reach all beneficial owners. SEC rules require banks to execute omnibus proxies on behalf of respondent banks, thereby passing the right to vote down the chain of ownership (notably, this process stops short of passing the right to vote shares directly to the beneficial owner).48
Once the search card process is complete, the company will then know the approximate number of beneficial owners. The company must then provide the brokers, banks or their agents with enough copies of the proxy card, solicitation materials, and annual reports for forwarding to the beneficial owners. The broker, dealer, or its agent must then forward these materials to beneficial owners no later than five business days after receiving such materials.49
Where the beneficial owner is an institutional investor, the right to provide voting instructions often lies with Institutional Shareholder Services, Inc. ("ISS") or Investor Responsibility Research Center ("IRRC"). Many institutional investors outsource the voting process to ISS and IRRC, who provide voting instructions on their behalf to ADP through ADP's proprietary ProxyEdge system. ADP then tabulates and communicates these instructions to the broker or bank, or to the company itself by executing the proxies on behalf of the broker or bank.
This process could be greatly simplified if companies were able to communicate directly with the beneficial owners of their securities. While it would still be necessary to coordinate between companies and record holders (brokers and banks) for the purpose of compiling lists of beneficial owners, the time delay involved in physically delivering materials to brokers, banks or ADP, and then to beneficial owners, could be avoided and communications between companies and their beneficial owners would be facilitated.
C. Costs
In addition to being time-consuming and circuitous, the process of communicating with the beneficial owners of shares held in street name is very costly to companies and their shareholders. NYSE rules regulate the fees that must be paid to brokers and banks (or their agents, such as ADP) for forwarding communications to beneficial owners.50 Companies must reimburse brokers, banks and/or ADP for expenses incurred in forwarding communications to beneficial owners, including: (1) actual postage costs; (2) the actual cost of envelopes; and (3) any actual communication expenses (excluding overhead) incurred in receiving voting returns either telephonically or electronically.51 In addition to these out-of-pocket costs, companies must also pay the following basic fees for mailing communications to beneficial owners: (1) $0.40 per beneficial owner for each set of proxy material mailed, (2) $1.00 per set of proxy material for annual meetings where an opposition proxy statement has been furnished; (3) $0.40 for each set of supplementary proxy material mailed; and (4) 15¢ for each copy, plus postage, for annual reports mailed separately from the proxy statement, interim reports, post meeting reports, and other material.52 In addition, companies must pay "nominee-coordination" fees to intermediaries that coordinate mailings to multiple brokers and/or banks,53 and "incentive" fees meant to incentivize the elimination of multiple mailings to the same address ("householding") and the use of electronic delivery to eliminate mailings.54
In addition to fees for forwarding materials to beneficial owners, the NYSE fee structure includes fees for the creation of NOBO lists. Currently, the fee paid by public companies per NOBO consists of a $0.065 fee paid to nominees (the broker or bank), and an additional fee paid to agents of nominees (typically ADP).55 ADP's fee is based on a sliding scale, where the per-NOBO fee depends on the size of the NOBO list (the per-NOBO fees are: $.10 for 1 to 10,000 NOBOs; $.05 for 10,001 to 100,000 NOBOs; or $.04 for 100,001 or more NOBOs).56 Finally, as mentioned earlier, depositories often charge companies a fee for providing a list of respondent brokers and banks.57
These fees add up rather quickly, and can act as a disincentive for companies to communicate with beneficial owners beyond the required proxy and annual reports. Furthermore, they are borne by the company, and therefore all shareholders, whereas they benefit only a subset of shareholders - those who choose to remain anonymous. The fees for forwarding materials to beneficial owners could be avoided if companies were permitted to communicate directly with beneficial owners.
D. Technological Advances
As noted above, the current framework for distinguishing between NOBOs and OBOs and permitting companies to obtain contact information only for NOBOs was developed in the early 1980s. In addition to the continuing increase in street name share ownership over the ensuing two decades,58 thereby further restricting companies' ability to communicate with beneficial owners of their shares, tremendous technological advance have also taken place. The current system does not take advantage of these technological improvements. For example, many companies now are providing Internet voting for their registered shareholders, a technology that was unavailable in the 1980s. If nominees were able to issue omnibus proxies delegating voting power to their customers (i.e., beneficial owners), beneficial owners of shares held in street name would be able to use the same Internet voting system as registered beneficial owners. In addition to Internet voting, companies now have the ability to deliver communications electronically to beneficial owners, a technology that was not available in the 1980s. 59 This means that many companies and shareholders are technologically equipped to avoid the largely paper-based system of delivering hard copies of proxy materials. These are only a few examples, and a broad review of the shareholder communications process is likely to illuminate other technological advancements that could be used to provide companies with "real time" access to databases of beneficial ownership information.
E. Privacy Interests
At the time the Commission adopted the NOBO/OBO distinction, the primary reason given for the distinction was to respect some investors' wishes that their identities remain private and confidential.60 However, this privacy interest is not a sufficient reason to maintain the current cumbersome system, which makes it difficult and extremely expensive for companies to communicate with all their beneficial owners. Furthermore, those who value their privacy should bear the cost of maintaining their anonymity, rather than passing the cost on to all shareholders.
The primary privacy rationale is in respecting small investors' wishes to prevent their names and addresses from being disclosed to companies. Little is known about whether investors truly value this anonymity, especially in light of the full implications of becoming an OBO (i.e., that proxy mailings and other important communications must come through an intermediary). In this regard, it is noteworthy that studies conducted during the development of the NOBO/OBO system indicated that only between 8 and 12 percent of street name holders raised an objection to disclosure of their names to companies, contrasted with the fact that ADP currently estimates that OBOs represent approximately 75 percent of all shares held in street name.61 Accordingly, there is likely confusion among investors as to the effect of OBO status, or an inherent bias in the way the NOBO/OBO election is elicited. Given that the privacy interest appears low, and investors are able to maintain their anonymity through other means (for example, by setting up nominee accounts), the distinction between NOBOs and OBOs should be abolished. Those investors who truly care about their anonymity should bear the costs of remaining anonymous by setting up nominee accounts in the name of a partnership or other entity, which would then be the beneficial owner of the shares.62 This would be far more appropriate than spreading the costs of maintaining the privacy of a small subset of shareholders across all shareholders as a group by maintaining a circuitous, expensive communications system.63
Brokers have a privacy interest in maintain the confidentiality of whom their customers are. This interest is already being protected in the context of NOBO lists. Currently, since most brokers and banks contract with ADP to create NOBO lists, those lists are provided to companies without the accompanying broker affiliations of individual beneficial owners. This mechanism of maintaining the privacy of broker affiliations would be available if OBOs were included in the list.
IV. Proposals for change
The Commission should take steps to make the system of shareholder communications more efficient. First, as mentioned earlier, the NOBO/OBO distinction should be eliminated, so as to permit companies to obtain a list of all beneficial owners and communicate with them directly.64 This would permit companies to avoid sending communications through brokers, banks and ADP, and enable them to communicate with beneficial owners more quickly and more cost-effectively. Those beneficial owners who have a strong interest in maintaining their anonymity could continue to do so, but would bear the costs of such anonymity.
Second, the Commission should consider requiring brokers, banks and their agents to pass voting rights directly to beneficial owners by executing omnibus proxies in their favor. Banks are already required to execute omnibus proxies to pass voting rights to respondent banks, and DTC uses omnibus proxies to pass voting right to its participants. The Commission should similarly require brokers and banks to execute omnibus proxies in favor of their customers, thus enabling them to vote their shares directly and thereby avoid the circuitous and inefficient process of requesting "voting instructions" from beneficial owners. Providing the right to vote to the beneficial owner would simplify the voting and vote tabulation process, and would enable those companies using Internet voting systems for record holders to extend that system to all beneficial owners.65
Third, the Commission should permit companies to bypass brokers and banks in the mailing of proxy materials. By transmitting proxy materials directly to beneficial owners, an unnecessary time delay would be avoided. The Commission last considered (and rejected) this approach in 1982, when it found that technical and cost impediments would make such a system unworkable.66 The tremendous technological advances since 1982 suggest that it would now be feasible for companies to disseminate proxy materials directly to their beneficial owners.
A thorough review of the shareholder communication system is likely to reveal other ways to improve shareholder communications that technological advances since the 1980s have made possible.
V. Conclusion
It is time for the Commission to initiate a thorough review of the shareholder communications process. The Commission could begin this process by issuing a concept release that would solicit public comment on the possibility of: (1) eliminating the NOBO/OBO distinction; (2) requiring brokers, banks and their agents to execute omnibus proxies on behalf of beneficial owners; and (3) removing the requirement to mail proxy materials to beneficial owners through brokers and banks.67


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On-line version ISSN 2309-8392
Print version ISSN 0018-229X
Historia vol.56 n.1 Durban May. 2011
New light on the camps
Elizabeth van Heyningen
University of Cape Town
Ellen Ellis, Teachers for South Africa. New Zealand Women at the South African War Concentration Camps
Hanorah Books, Paekakariki, 2010
184 pp
Price unknown
In June 1902, just as the South African War ended, 20 New Zealand women landed in Durban to teach in the concentration camps. Although they arrived so late, they were deployed to the camps, mainly in Durban. That is not the end of the story, however for, after the war, most went up to the Transvaal where they taught in a variety of town and country schools. This book explores a little-known aspect of the camps, for the staff have been largely ignored in the literature.
Although Milner's education policy was reviled for many years, more recently Paul Zietsman has described the camp schools as "beacons of light in the darkness". Eliza Riedi has placed the schools more firmly in their imperial context but Ellen Ellis has now given us a much more intimate glimpse of the lives of the teachers themselves. These women were part of an imperial project, not only to introduce Boer children to British language and culture, but to draw the Empire closer by recruiting teachers from the other white colonies - forty each came from Australia and Canada as well. But the New Zealand group was exceptional. For one thing, these women were unique in coming from the only country that had given women the vote.
Application forms and medical examinations give us a surprising amount of detail about the women who volunteered for the camps. The size of Boer families, for instance, would have been no surprise for many of the British and colonials came from equally large families. The New Zealanders were all middle-class, mainly in their mid- to latethirties, well-educated although only one had a university degree, and experienced. Lily Rees had a father in parliament and was able to consult the prime minister himself about the venture - she ignored his discouraging advice not to go. Several seem to have strong, even difficult temperaments - both Fanny Davis and Amy Arrow had been in trouble with the New Zealand educational authorities because of their 'insolence'. There are some similarities with the British nurses who worked in the camps, most of whom were also in their thirties and were well-qualified, although they often had less experience than the New Zealand teachers.
What brought them to South Africa? Ellis suggests that New Zealanders participated vigorously in support for the war, sending a contingent of 6 500 men, while the women waved them off and fundraised with enthusiasm. This patriotism was not confined to whites. One of my favourite photographs is "The Maori Contingent", a group of Maori women complete with slouch hats, bandoliers and water bottles. A handful of nurses also went from New Zealand but the teachers were part of a much more focused recruiting campaign. They were carefully selected, good health and musical ability being two of the most important criteria.
Ellen Ellis has traced each of these women from their origins and has been able to follow their careers after the war. Nan Parker chose to teach in a farm school, boarding with a Boer family. She wrote a poem which captured the New Zealand view of the South African veld, expecting a sunny sky but finding dust storms and wind. She never bonded with the Afrikaners and was forced to leave the district abruptly after a man was found murdered nearby and her hosts turned out to be the perpetrators. Ten of the women married in South Africa - perhaps one of their objectives in volunteering, for most were past marriageable age - and a number remained in the country. Allanetta McLeod married Thomas Thorne, son of Cape Town's mayor, and lived in the Cape for the rest of her life, while her sister moved to Rhodesia. Others returned to Durban or remained in the Transvaal.
Although this is not an academic volume in that it has no footnotes, it is soundly researched and attractively presented. It is particularly refreshing to see new images of the camps for at least one of the teachers was a keen photographer. Teachers for South Africa is written with charm, although it is a little marred by some errors - van Riebeeck landing in 1662, for instance. Ellis is also a little confused about the naming of the Boer republics, particularly the double title of the South African Republic/Transvaal. This is carping, however, Teachers for South Africa gives us a valuable insight into an unfamiliar aspect of the camps.


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What does it mean to "ride home"? Does it mean to get on your bike and leave work (yes) or does it mean more than that, an act fraught with meaning and world historical significance (no)? Or does it mean something else entirely, something internal and visceral and difficult to express in words and only conveyable in wistful and longing glances to your secret paramour across a crowded ball room as Strauss wafts through the air and thuds one-two-three one-two-three? No, it's certainly not that. It's pretty much just the first thing, the thing where you get on your bike and leave work. That's what I did tonight and it was fine.
Remember your first day of bike commuting when they gave you that secret mind control ring that makes the driver in front of you go slow so the driver behind you can get mad and blame you? Why do they even give you that mind control ring? It doesn't make any sense. Bicyclists shouldn't be allowed to deploy mind control at drivers in front of them! Luckily, some really astute drivers, typically the ones behind the bicyclists, have figured out about the mind control rings and rather than get upset about the slow drivers ahead of the bicyclists, they completely correctly have determined that it's the bicyclists and their secret mind control rings that are to blame and thus they rev and honk at those bicyclists because, why oh why, must they have those powerful mind control rings? Remember: it's never the driver in front who might just be going slower than the driver behind you might prefer. It's the secret mind control ring and they're on to us.
Not the best night on the L Street Cycle Track. Oblivious pedestrians doing oblivious things, like obliviously stepping off the curb nearly into a collision with me, who thankfully, wasn't then oblivious to the world around me. I said "stop." She looked miffed. Rather miffed than spliffed (because maybe in the recovery of injury of broken bones and such there would be need for medical marijuana) is what I always say. Rolls right off the tongue. Anyway, I'm not one of those people who thinks that pedestrians need to be hyper-vigilant and never wear headphones and wear reflective vests and have whistles for some reason and run across the street only in crosswalks and only when the light a WALK and never when it's a RED HAND and numbers counting down. Really, I think we should aspire to the kinds of streets where people can get along just fine paying the bare minimum of attention. But let's at least then expect the bare minimum! This, in my opinion, includes not stepping into oncoming traffic, Mr. Magoo-style.
11th Street to Pennsylvania Avenue, which was nicely salted. I'm not going to complain about the salt because I'd rather have too much salt than too much ice. Same is true with a margarita. But WHERE ARE THE EMERGENCY TEQUILA TRUCKS? And the trucks that deploy novelty glasses with cacti on the stems? And yet we somehow call this is civilized place.
In the bike lane behind a woman dawdly riding with no hands on the handlebars and a bus lurking to my left and slightly behind, the driver waiting and waiting and waiting for us to get past the bus stop about a half a block away. Lurking buses are the worst. They make me nervous. Though I guess a lurking bus is better than a lurching one, one where the driver cuts you off to pull into the spot and you have to grab the brakes and pull and just hope for the best. In conclusion, I might need to see an analyst to talk about my bus issues. Or DC could invest in more separated bike infrastructure that keeps cyclists and buses farther apart. Either/or really.
Tried to wash my bike off with the hose in the back yard. Heard that's a thing you should do so the salt doesn't hatch into salt worms (is that how science works?) and corrode your bike. Hilariously, the hose was frozen, which might also be a line from the album Snoop Dog: Live from Antarctica and I ended up going inside, filling a bucket and throwing that bucket (of water, not confetti because I am not a Globetrotter) at my bike and I hope that did the trick. I think I'll take the other bike tomorrow, just in case.


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Southern Humboldt residents met last evening, Thurs., Jan. 15, 2015, in the Redway Elementary School Gym to hear panel presentations by law enforcement and the D.A.'s Office regarding re-staffing to increase Sheriff's Officers' presence in the southern part of the county and to discuss community involvement in helping keep residents and property safe. The meeting was facilitated by Second District Supervisor, Estelle Fennel, and the panel included Garberville-Redway Chamber of Commerce Director, Cinnamon Paula, and a number of the Chamber's Board Members.
Thursday's meeting, designed to focus on solutions, followed a previous Town Hall meeting, held last June, where a huge crowd gathered to express concern about the lack of police presence and response to crime in the Southern Humboldt area.
Tune in to KMUD this Monday, Jan. 19 from 8 - 9 am, for more information about the meeting.
Use the audio players below to hear the full audio from the Thurs. meeting.
First Hour:
Second Hour:
A new interactive online search tool, called "Is My Property Near a Nitrate-Impacted Water Well", was recently posted by the State Water Resources Control Board. The tool alerts users if privately owned water wells are located within 2,000 feet of a nitrate-impacted well - defined as a water well with at least one detection of nitrate pollutant at a level above the health standard since 2000.
This interactive tool and a FAQ sheet about nitrates in groundwater can be found at: www.waterboards.ca.gov/nitrate_tool.
The Water Resources Control Board recommends that private well owners test their wells annually using an accredited drinking water laboratory.
Use the player below to hear a report on this story by Kerry Reynolds, including an interview with John Borkovich, Chief of Ground Water Monitoring and Assessment for the Water Resources Control Board.
Update Feb. 4, 2015: The California Cannabis Voice Humboldt 6th draft of the proposed ordinance to regulate cannabis production in Humboldt County has just been made available. Click here to view it on the California Cannabis Voice Website.
Update Dec. 3, 2014: Click here for a copy of the California Cannabis Voice Humboldt 5th draft of the proposed ordinance to regulate cannabis production in Humboldt County.
An newly updated version (2014-NovDraftOrdRev4a) of the Draft Cannabis Land Use Ordinance was made available to KMUD on November 18, 2014 by the California Cannabis Voice Humboldt (CCVH).
KMUD has posted the Draft Cannabis Land Use Ordinance (2014-NovDraftOrdRev4a). Also available for download are notes from the November 10, 2014 meeting in Blue Lake, taken by facilitator, Dr. Deborah Pruitt, as well as a proposed Timeline for Land Use Ordinance Development and Roll-Out.
CCVH states: California Cannabis Voice Humboldt is working to pass a cannabis land use ordinance for Humboldt County which would provide a path to legitimacy for Humboldt County Cannabis Farmers. CCVH fights to preserve the ideals of the small family cannabis farm as California presses toward legalization in 2016.
KMUD's Kerry Reynolds reported on this issue during the KMUD News of Wednesday, November 12. Listen to the story here. More audio from the meeting below.
Approximately 100 people attended a public meeting on Thursday, Nov. 6th at the Blue Lake Casino & Hotel's Sapphire Palace to discuss a comprehensive cannabis ordinance for Humboldt County. The meeting, organized by California Cannabis Voice Humboldt (CCVH), included three panels of delegates from the 35-member stakeholder group that held an initial summit meeting in early October.
Audio from each of the panels can be heard and/or downloaded using the players below. Audio, panel descriptions, and panel photo provided by KMUD Correspondent Kerry Reynolds.
Panel 1 - "What Is CCVH?" On this panel, members talk about how they became involved with CCVH, a registered Political Action Committee, and the CCVH goals for Humboldt County.
Panelists: Shannon Hughes, CCVH Willow Creek Leadership Team; Patrick Murphy, CCVH Willow Creek Outreach Coordinator; Richard Marks, CCVH Community Organizer; Luke Bruner, CCVH Signatory and Treasurer; Jason Beaver, CCVH Development Director; and Thomas Edrington, CCVH Outreach Director
Panel 2- "Sustainability: 2016 and Beyond" This panel begins by discussing how cannabis farmers, businesses, and collectives can file taxes. They also talk about how the ordinance will require farmers to demonstrate that they have sufficient and legal water for their farming needs. Also included, is a briefing by an audience member on efforts towards bringing to Southern Humboldt the excess water from Mad River that was previously used for a pulp mill.
Panelists: Jonathan Gilbert, Indoor Cultivator and Arcata Cannabis Delegate; Karyn Wagner, Teahouse Collective Cofounder and Cannabusiness Delegate; Matt Owen, Financial Delegate; Sunshine Johnston, Elected Cultivator At Large Delegate; Dr. Ken Miller, Medical Delegate; Roy Gomez, A Fertile World owner and Cannabusiness delegate.
Panel 3 - "Land Use, Permitting, and You" In this Panel, Patrick Murphy describes his efforts to become fully permitted and compliant with the county, and Steve Lazar and Praj White discuss pathways to compliance for permitting. The issue of shaded parcels was also raised. In addition, many of the panelists talk about how the ordinance will treat cannabis as an agricultural commodity and will work to make the county cannabis program as accessible as possible for small cannabis farmers.
Panelists: Sunshine Johnston, Elected Cultivator At Large Delegate; Praj White, Manhard Consulting and Cannabusiness Delegate; Luke Bruner, CCVH Treasurer; Andre Carey, Cannabusiness Delegate; Patrick Murphy, CCVH Willow Creek Outreach Coordinator; Steve Lazar, Humboldt Planning and Building Department; Shannon Hughes, CCVH Willow Creek Leadership Team
The photo below shows the panelists from the panel on sustainability - From left to right: Jonathon Gilbert, Indoor Cultivator/Arcata Cannabis Delegate; Karyn Wagner, Teahouse Collective/Cannabusiness Delegate; Matt Owen, Financial Delegate; Roy Gomez, A Fertile World/Cannabusiness Delegate; Sunshine Johnston, Elected Cultivator At Large Delegate; Dr. Ken Miller, Medical Delegate.
Locally, Measure P-GMO Cultivation Prohibition, Measure Z- Sales Tax-Humboldt County Public Safety/Essential Services Measure, and Measure X-Southern Humboldt Joint Unified School District Bond Measure were all approved by voters with 59% of voters saying yes to P, 55% approving measure Z, and 64% favoring Measure X. And Mendocino County voters approved Measure S, the Anti-Fracking initiative by a large majority.
Democratic Candidate Jared Huffman will continue in office, as will Governor Brown. Jim Wood will be seated for the State Assembly, District 2, and Mike McGuire prevailed in the District 2 State Senate race.
In national politics, the Republicans strengthened their majority in the House giving them the biggest majority since Harry Truman's presidency more than 60 years ago while seizing the majority in the Senate by 52-45 with two independents. Louisiana's U.S. Senate race will be decided in a Dec. 6 runoff.
Details on selected outcomes of the election are found below and are from the Humboldt County Election Night Final Report as of 11:42 PM with 100% of precincts reporting. State vote tallies are as of 12:12 AM, Wed. Nov. 5. More details can be viewed on the KMUD News Facebook Page at: https://www.facebook.com/KmudNews
District 2 Candidates
U.S. Representative District 2
Jared Huffman, Democratic-73%
Dale K Mensing, Republican-27%
Assembly District 2
Jim Wood, Democratic-63%
Matt Heath, Republican-37%
Senate District 2
Mike McGuire, Democratic-68%
Lawrence R Wiesner, Republican-32%
Arcata City Council Member (2 year term)
Paul Pitino-67%
Ryan Kaplan-30%
Arcata City Council Member (4 Year Term)
Sofia Pereira-39%
Mark E. Wheetley-38%
Juan Daniel Fernandez-13%
Patrick Hyland-4%
Jason Carr-4%
Blue Lake City Council Member (vote for two/shows two top vote-getters)
John Sawatzky-46%
Jean S. Lynch-35%
Eureka City Council Member Ward 1(only one candidate running)
Marian Brady-93%
Eureka City Council Member Ward 3
Mike L. Newman-51%
Kim Bergel-49%
Eureka City Council Member Ward 5
Natalie Arroyo-62%
Chet Albin-38%
Humboldt County Ballot Measures:
Measure P (yes=59%/no=41%): Genetic Contamination Prevention Ordinance/Question: Shall the ordinance prohibiting the propagation, cultivation, raising or growing of genetically engineered organisms (also known as GMOs) in Humboldt County be adopted?
Measure Z (yes=55%/no=45%): Sales Tax/Question: HUMBOLDT COUNTY PUBLIC SAFETY/ESSENTIAL SERVICES MEASURE. To maintain/improve essential services, such as 24-hour sheriff's patrols; 9-1-1 emergency response; crime investigation/prosecution; drug/illegal marijuana growhouse enforcement/prevention; services for abused children/mentally ill; rural fire protection; road repairs; and other County services, shall County of Humboldt pursuant to County Ordinance No. 2517 enact a 1/2% sales tax, for five years, all revenue for the County, none for the State of California, with annual audits and public review?
Measure X (yes=64%/no=36%): Southern Humboldt Joint Unified School District Bond Measure
Other Ballot Measures:
Blue Lake
-Measure T (yes=46%/no=54%):Utility Users Tax/ Question: To help ensure that the City of Blue Lake has the funds necessary to support the quality of life its residents have come to expect through such essential services as adequate law enforcement, park and recreation programs, and the maintenance and repair of local streets and public facilities, among others, shall the City place a four percent (4%) Utility Users Tax (Resolution No. 1033) on all electricity and gas usage in the City, beginning March 1, 2015, and automatically terminating five years later?)
-Measure Q (yes=66%/no=34%):Sales Tax Extension/ Question: Shall the Eureka Municipal Code be amended to extend a one-half of one percent (0.50%) supplemental transaction and use tax to fund essential services such as police, fire medical response, street maintenance, environmental programs, zoo, parks and recreation with the following restrictions? The supplemental transaction and use tax will expire after five years, unless reauthorized by the voters. A citizen's oversight committee shall be established to conduct annual audits of all expenditures generated by the tax to ensure fiscal accountability and public participation
-Measure R (yes=38%/no=62%):Minimum Wage Ordinance Initiative/ Question: Shall an ordinance be adopted that (1) requires (a) payment of minimum wages in Eureka at $12.00 per hour for employers with 25 or more employees (including Welfare-to-Work Programs) with an annual increase, if any, based on the Consumer Price Index beginning the ninetieth (90th) day after certification; (b) City Attorney enforcement through fines, penalties, or civil actions; (c) City Council authority to amend the ordinance with regard to implementation or enforcement; and (d)voter approval of substantive changes to the ordinance; and (2) allows private enforcement through civil actions?
-Measure V (yes=37%/no=63%):"Budget Stabilization" Sales Tax/ Question: To offset state budget cuts and restore stability to Fortuna's city budget; maintain 9-1-1 emergency response services; restore cuts to police protection, gang/drug prevention, and road/sidewalk maintenance; support local businesses, the Fortuna Rodeo and AutoXpo; and maintain other essential general services, shall the City of Fortuna establish a one cent sales tax, requiring independent annual financial audits and public review, with all funds remaining in Fortuna?
Rio Dell
-Measure U (yes=53%/no=47%):Sales Tax/ Question: Shall the City of Rio Dell increase the sales tax by 1%, for five years only, providing locally controlled funding that cannot be taken by the State?
State Candidates:
Jerry BrownDemocratic-58%
Neel KashkariRepublican-42%
Lieutenant Governor:
Gavin NewsomDemocratic-56%
Ron NehringRepublican-44%
Attorney General:
Kamala HarrisDemocratic-56%
Ron GoldRepublican-44%
Betty Yee, Democratic-52%
Ashley Swearengin, Republican-48%
Insurance Commissioner:
Dave Jones, Democratic-55%
Ted Gaines, Republican-45%
Secretary of State:
Alex Padilla, Democratic-52%
Pete Peterson, Republican-48%
Superintendent of Public Instruction:
Tom Torlakson, Nonpartisan-53%
Marshall Tuck, Nonpartisan-47%
John Chiang, Democratic-57%
Greg Conlon, Republican-43%
State-wide outcomes for State Propositions (as of 12:55 AM Wed., Nov 5/Propositions need over 50% to pass/pass shown in green):
Prop. 1 (yes=67%/no=33%)-Water Bond: Authorizes $7.12 billion in general obligation bonds for state water supply infrastructure projects, such as surface and groundwater storage; ecosystem and watershed protection and restoration; drinking water protection; water supply management; water recycling and advanced water treatment technology; and flood control.
Prop. 2 (yes=69%/no=31%)-Budget: Amends the State Constitution to end the existing rules for a state budget reserve—the Budget Stabilization Account (BSA)—and replace them with new rules. The new rules would change how the state pays down debt and saves money in reserves, including the requirement to spend a minimum amount each year to pay down specific debts. If passed, a new state reserve would be created for schools and community colleges. In addition, a new state law would go into effect that sets the maximum budget reserves school districts can keep at the local level in some future years.
Prop. 45 (yes=40%/no=60%)-Health Insurance: Requires insurance commissioner's approval before health insurer can change its rates or anything else affecting the charges associated with health insurance. Provides for public notice, disclosure, and hearing, and subsequent judicial review. Exempts employer large group health plans.
Prop. 46 (yes=33%/no=67%)-Drug and Alcohol Testing of Doctors; Medical Negligence Lawsuits: This measure would increase the state's cap on damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000, with annual adjuments for inflation going forward. Additionally, it requires drug and alcohol testing of doctors and the reporting of positive tests to the California Medical Board for mandated discipline. Lastly, it mandates that health care practitioners consult a state prescription drug history database before prescribing certain medications.
Prop. 47 (yes=58%/no=42%)-Criminal Sentences: This measure reduces penalties for certain offenders convicted of nonserious and nonviolent property and drug crimes. The measure also allows certain offenders who have been previously convicted of such crimes to apply for reduced sentences. In addition, the measure requires any state savings that result from the measure be spent to support truancy (unexcused absences) prevention, mental health and substance abuse treatment, and victim services.
Prop. 48 (yes=39%/no=61%)-Indian Gaming: In June 2013, the Legislature passed AB 277, which approves gaming compacts between the state and the North Fork Rancheria of Mono Indians and the Wiyot Tribe. Under the State Constitution, enacted legislation can generally be placed before voters as a referendum to determine whether it can go into effect. This proposition is a referendum on AB 277. If voters approve Proposition 48, the gaming compacts between the state and the two tribes would go into effect, allowing North Fork to construct a casino in Madera County.
The midterm election 2014 gives opportunities to vote for candidates for various state offices including Governor and Congressional Representative, as well as a number of state and local propositions.
- In-person voting will take place on Tues., Nov. 4. Polling hours are from 7 am to 8 pm. Polling places can be found according to your mailing address by clicking here.
- If you have not registered to vote, the last day to do so for this election is Oct. 20, 2014.
- If you are uncertain if you are registered you may check your status by clicking here.
- If you are voting by mail, return your vote-by-mail ballot early to ensure it is received no later than 8 p.m. on Election Day. Alternatively, you may drop your vote-by-mail ballot off at any polling location on Election Day. There is an insert included with your vote-by-mail ballot that tells you the location of polling places nearest to you.
- You can view your ballot and other relevant information on-line for your county and district, or any other in California, by clicking here to use Voter's Edge, or use the Voter's Edge widget below.
KMUD News has covered a number of election issues in our local broadcast area and posted the audio from these on KMUD News SoundCloud. You can hear these stories by using the players below.
Congressional Representative-District 2: North Coast Congressman Jared Huffman's re-election bid is being challenged by SoHum resident Dale Mensing, and they swapped views in a televised debate earlier this week. Daniel Mintz reports.
Holly Madrigal and Tom Woodhouse are battling it out for the 3rd District Supervisor seat in Mendocino county. The candidates faced off during an environmentally-focused forum, Kate Maxwell reports.
- Proposition 1, the state's multi-billion dollar water bond, will be on the November election ballot and the Humboldt County Board of Supervisors is supporting its approval. Daniel Mintz reports.
If passed, Proposition 1 will approve the 4th largest water bond in California's history. Environmental groups are split on whether the bond is a good start for fixing California's water system. 2nd District Assemblyman Wes Chesbro says its not a good deal for Northern California. Kerry Reynolds reports, with research assistance from Christina Aanestad.
Proponents of State Proposition 45 seek to put control over health insurance rate hikes into the hands of California's insurance commissioner. On the pro side of Prop 45 is Jamie Court, president of Consumer Watchdog. Against Prop 45 is Micah Weinberg, a senior policy adviser and the Bay Area Council. Kerry Reynolds reports.
- The Southern Humboldt Unified School district is seeking voter approval for Measure X. If approved, Measure X will authorize $10 million dollars for the school district's planned renovations. Monique Rowan files this report.
- Medocino County Measure S will ban fracking in Mendocino, and establish a community bill of rights. Mendocino is one of three counties in California considering fracking bans this election, but is the only one with a community rights based initiative. Kate Maxwell reports...
- Challengers Natalie Orroyo and Kim Bergel hope to create Eureka's first all-female City Council by ousting incumbents Chet Albin and Mike Newman in the November 4th election. The four candidates debated economic policy, the minimum wage, and downtown bathrooms at an October 20th forum. KMUD News Director Terri Klemetson introduces the story and Eric Black reports
55 year-old Randy Markin from Arcata (shown in the photo) was reported missing last Friday, Oct 24, 2014. Markin, who is diabetic, may be in need of his medication and therefore considered an at-risk missing person. Markin was last seen at his residence at about 1:00 am last Friday.
Randy Markin wears glasses and is described as: a white male adult 6' 3", 230 lbs. with long grey hair and brown eyes. He was last seen wearing a tie-dye T-shirt, long leather jacket, and jeans. Anybody with information about the whereabouts of Randy Markin is urged to contact the Arcata Police Department at: (707) 822-2428. The APD press release appears below.
Arcata Police Department press release, dated 10/25/14:
On 10/24/14 at about 3:00 PM, the Arcata Police Department received a missing person report on Randy Markin, 55 years old from Arcata. Markin was last seen at his residence on 10/24/14 at about 1:00 AM. An additional witness who is an acquaintance of Markin believes he saw him at ITF in Arcata on 10/24/14 between 2:00 PM and 3:00 PM.
Randy Markin is a white male adult 6 feet 3 inches tall and about 230 pounds with long grey hair and brown eyes. He was last seen wearing a tie-dye T-shirt, long leather jacket, and jeans. Markin also wears glasses. Markin is diabetic and may be in need of his medication and left his cell phone and wallet at home. He uses an electric wheelchair, which he is not currently in possession of.
APD officers have conducted an extensive search of the surrounding area and could not locate Markin. Officers talked to neighbors and local businesses who had not seen Markin.
Anybody with information or who sees Markin is urged to contact APD.
Update: 10/29/14- Missing hunter, 59 year old Dave Stornetta, was found yesterday, Tues., Oct 28, by a search helicopter. Stornetta, an experienced outdoorsman, was located in good health and not in need of medical attention after surviving seven days, which included rain and low temperatures, in the Yolla Bolly-Middle Eel Wilderness in southeastern Trinity County where he was deer hunting. The Trinity County Sheriff's Office press release announcing the rescue appears below as does the original post on this story.
TCSO press release, dated Oct. 29, 2014:
On October 28, 2014 at approximately 5:00pm the Trinity County Sheriff's Office was contacted by Dave Stornetta's wife and advised the Sheriff's Office that the family had located Mr. Stornetta via helicopter. Mr. Stornetta appeared to be in good health and did not appear to need medical attention. Dave Stornetta requested that the helicopter transport him back to the family's hunting camp. Investigators will be contacting Mr. Stornetta once he returns to his residence regarding his location and movement while he was missing. The Sheriff's Office is awaiting official confirmation of the exact location of where he was located.
For more details from the Press Democrat click here.
Dave Stornetta (shown in the photo) , a 59 year-old experienced hunter, was reported as missing Wed., Oct. 22, 2014, after he failed to show at a planned meet-up with his son. Stornetta was last seen that Wed. at around 7 am and was hunting in an area of Southern Trinity near the Mendocino County line, described as east of Covelo, where the search for him is currently in progress.
Stornetta is described as: a white male, 5'9" weighing 180 lbs. with brown hair and hazel colored eyes. He was wearing a black baseball cap, green sweat shirt, camo pants and "Redwing" boots. When last seen he was accompanied by a white and liver colored McNabb breed dog with a red collar.
Anyone with information about this missing hunter is asked to call the Trinity County Sheriff's Department at: (530) 623-2611.
Update: Oct. 24, 2014: Brian McSilvers, one of the two inmates who walked away from a S.W.A.P. (Sheriff's Work Alternative Program) work crew on Oct. 14, was arrested without incident after being spotted by a Eureka Police Department Detective walking near 2nd and Q Streets in Eureka. The original post on this incident and photos of the missing inmates appear below.
Inmates assigned to a crew working behind Les Schwab Tires in Eureka walked away while clearing brush in a heavily wooded area. Brian Strehl McSilvers, 36 years old, and James Lawrence Henry Jr., 35, both being held on probation violation charges are being sought by law enforcement and if caught will face additional charges. Photos of the escaped inmates appear below.
Brian Strehl McSilvers is described as a white male, 150 lbs., short blond hair and hazel eyes. He was last seen wearing a blue denim shirt with a white tee- shirt underneath, blue denim pants and work boots. James Lawrence Henry Jr. is 5' 10" tall, hazel eyes, brown hair and weighs 165 lbs.
Anyone with information for the Sheriff's Office regarding this case or related criminal activity is encouraged to call the Sheriff's Office at 707-445-7251 or the Sheriff's Office Crime Tip line at 707-268-2539. The full Humboldt County Sheriff's Office press release appears below.
HCSO press release, dated 10/16/14:
On 10-14-2014, at approximately 10:30 a.m. two inmates, assigned to an inmate work crew, walked away from a job site they were at behind Les Schwab Tires, Eureka. A Humboldt County Sheriff's Office Correctional Officer was supervising the inmates who were clearing brush in a heavily wooded area. The Correctional Officer took a head count and noticed two inmates were missing. The Correctional Officer searched the immediate area for the missing inmates with no success. Eureka Police was notified and responded to assist with the search for the inmates who are now facing additional charges.
The inmates are identified as:
1. Brian Strehl McSilvers, 36 years old, White male, 150 lbs, short blond hair, hazel eyes. He was last seen wearing a blue denim shirt with a white t shirt underneath, blue denim pants and work boots. He was being held on a probation violation and was scheduled to be released on
2. James Lawrence Henry Jr. 35 years old, 5' 10" tall, hazel eyes, brown hair, 165lbs, bald.
He was last seen wearing a blue denim shirt with a white t shirt underneath, blue denim pants and work boots. He was being held on a probation violation and was scheduled to be released on
Both inmates are from Eureka. Henry is also known to frequent the Fortuna area.
Anyone with information for the Sheriffs Office regarding this case or related criminal activity is encouraged to call the Sheriffs Office at 707-445-7251 or the Sheriffs Office Crime Tip line at 707-268-2539.
Missing inmates: James Henry (top); Brian McSilvers (bottom)
Update, Sept. 23, 2014: According to the Mendocino Sheriff's Facebook page jail escapee, Brett Edward Harlan, (shown in photo) has been captured. The original post on this story appears below.
Law enforcement in Mendocino is looking for escaped jail inmate, 56-year old Brett Edward Harlan, (shown in the photo). According to a Mendocino County Sheriff's Office press release, Harlan was released from jail on a 4-hour pass to visit a sick relative and did not return by the expiration of the pass. Harlan is believed to be hiding in the areas of Willits or Redwood Valley and should be considered dangerous.
According to KMUD News Facebook, Harlan had been in custody in the Mendocino County Jail on the following charges from 09-04-2014: 10851(a) CVC - Theft of a motor vehicle, 273.6(a) PC - Violation of a court order, 2800.2(a) CVC - Evading a peace officer, 245(c) PC - Assault on a peace officer, 11377(a) HS - Possession of a controlled substance, and 1203.2 PC - Violation of probation."
Harlan is described as 6-feet tall, weighs 220 pounds and has a shaved head and a tattoo that reads "Shirley," across his upper chest. Harlan also has a tattoo on the right side of the neck below the ear, a tattoo on back of his head and has a prosthetic right leg. Anyone with information on the whereabouts of Harlan is urged to call 9-1-1 or the Mendocino County Sheriff's Office dispatch center at 707-463-4086. The full press release appears below.
MCSO press release, dated Sept. 18, 2014:
On 09-16-2014 at approximately 7:00 PM Deputies from the Mendocino County Sheriff's Office were dispatched to contacted Mendocino County Jail staff regarding the escape of an inmate.
When Deputies arrived Jail staff advised that on 09-16-2014 the inmate, Brett Edward Harlan, was taken to the Mendocino County Superior Court to petition for a temporary 4-hour release pass, so he could visit a sick relative.
The pass was granted and Harlan was released, but he was ordered to return to the Mendocino County Jail on 09-16-2014 at 4:00 PM.
Harlan subsequently did not return by the listed date/time to surrender himself to Mendocino County Jail staff and he is now considered an Escaped Inmate.
Deputies learned Harlan informed family members after his release that he would not go back to jail or surrender himself as had been previously ordered by the court.
Deputies continued their searched for Harlan and followed up on leads but they could not locate him as hoped.
Harlan is believed to be hiding in the areas of Willits or Redwood Valley and should be considered dangerous.
Anyone with information on the whereabouts of Harlan is urged to call 9-1-1 or the Mendocino County Sheriff's Office dispatch center at 707-463-4086.
Harlan is described as being a 56-year-old white male adult, standing 6-feet tall and weighing 220 pounds.
Harlan has a shaved head and a tattoo of "Shirley' across the upper front chest area near the neck line. Harlan also has a tattoo on the right side of the neck below
the ear, a tattoo on back of his head and has a prosthetic right leg.
Update, Sat. Sept. 13, 2014: Previously reported missing person, Holly Dickens, (shown in photo) is alive and well. According to Shelter Cove Fire Department, the Humboldt County Sheriff's Office got a call from Holly's mother saying Holly telephoned her when she found out she had been reported missing. The original post on this story appears below.
20 year-old Holly Ann Dickens (shown in photo) was reported as missing yesterday to the Humboldt County Sheriff's Office. Dickens is described as a white female, 20 years old, 5'-6" tall, 120 lbs., with strawberry blond hair and blue eyes. She is traveling in a black, 1992, Toyota, 4 Runner with Washington license plate AEU3042. A similar vehicle is shown in the photo below. If anyone has information about Holly Dickens, please call the Humboldt County Sheriff's Office at 707-445-7251.
HCSO press release, dated 9/12/14:
The Humboldt County Sheriff's Office is seeking the public's assistance with any information about a missing adult reported to this Office. On September 11, 2014 at 7:12 PM, a Deputy received information about a missing person that was believed to be traveling through Humboldt County and possibly in the Shelter Cover area. Holly Ann Dickens (attached picture) left the Washington State area and was going to travel to the San Diego area of California, to stay with her sister. Dickens last called her sister on Monday, September 9, 2014 and reported that she was going to be camping in the Shelter Cove area for the next couple of days. That was the last telephone communications from Dickens, which is out of character. Dickens is traveling in a black, 1992, Toyota, 4 Runner with Washington license plate AEU3042 (attached photo is not the vehicle, but similar to). Dickens is described as a white female, 20 years old, 5-06, 120, strawberry blond hair and blue eyes. If anyone has information about Dickens, please call the Humboldt County Sheriff's Office at 707-445-7251.


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Vienna Philharmonic Summer Night Concert 2019
Season 46 Episode 29 | 1h 24m 46s
Enjoy the world-renowned Vienna Philharmonic's annual concert from Schönbrunn Palace with guest conductor Gustavo Dudamel and famed pianist Yuja Wang playing works including Gershwin's "Rhapsody in Blue" and Sousa's "The Stars and Stripes Forever."
Aired: 08/09/19
Expired: 09/06/19Video has closed captioning.
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GREAT PERFORMANCES is made possible by the Irene Diamond Fund, Anna-Maria and Stephen Kellen Arts Fund, The Joseph and Robert Cornell Memorial Foundation, LuEsther T. Mertz Charitable Trust, Rosalind P. Walter, The Agnes Varis Trust, The Starr Foundation, Kate W. Cassidy Foundation, Ellen and James S. Marcus, The Philip and Janice Levin Foundation, Lenore Hecht Foundation, Abra Prentice Foundation, The Lewis Sonny Turner Fund for Dance, Jody and John Arnhold, Anne Ray Charitable Trust, and PBS.


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Shmuel Tatz has over 40 years of experience on three continents. He was trained in physical education and medical exercise in Lithuania, medical massage in Russia, and physical therapy in Israel. Learn more
Dr. Tatz has been featured on the cover of Advance for Physical Therapists and PT Assistants and in other publications that include The New York Times, The Wall Street Journal, Yoga Journal and many others. Learn more
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share:Remind Me
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Back from Eternity When an airliner crashes in... MORE > $15.96 Regularly $19.99 Buy Now
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Brief Synopsis
When an airliner crashes in the jungle, the repaired plane can only hold five of the survivors.
Rena, a prostitute who has used illegal identity papers to travel from Austria to Las Vegas, is rejected by her boss, who sends her to Sophie Raditz in Boca Grande, South America. On her South American bound plane are retired professor Henry Spanger and his wife Martha, and Pete Boswick, who has been ordered by his mobster boss, Thomas J. Malone, to safeguard his young son Tommy in Boca Grande until he can join them. The plane stops in Panama, where they are to be joined by Jud Ellis, his fiancée Louise Milhorne, and pilots Bill Larnegan and Joe Brooks. Joe is concerned about Bill's apparent dishevelment, but stewardess Maria Alvarez assures him that Bill is a competent war hero who has fallen on low times. Pete, who resents "playing nursemaid" to a small boy, leaves Tommy in Maria's care. When he reads a newspaper report that Malone has been murdered, however, he realizes that Tommy is now an orphan, and races back to the plane to join him. The plane flies to San Dimas, California, where everyone settles into the airport for a long layover. There, Pete leaves Tommy unattended, prompting first Louise and then Rena to fuss over him. Spurned by Louise, Rena approaches Bill at the bar. Irritated by Rena's awareness of his drinking, Bill roughly informs her that she would be better off staying in San Dimas rather than falling under Sophie's grasp. Upon learning that the plane will not take off on time, Ellis confronts Bill, who admits that they are awaiting Vasquel, a murderer who is to be executed in Boca Grande. Soon, Vasquel arrives in the care of Crimp, a brash bounty hunter who takes Pete's gun from him "for safekeeping." In the air, as Joe wonders what the sweet-natured Louise sees in Ellis, Henry and Vasquel converse about the Javaro Indians, headhunters who live in the jungles over which they are flying. As Vasquel describes their grisly methods for shrinking heads, Crimp reads aloud the news of Malone's death, causing Tommy to wonder where his daddy is. A storm soon arises, and although Bill struggles to avoid it, the plane cannot fly high enough to skirt the driving rain. As the passengers grow increasingly nervous, a canister of compressed air bursts into flame, causing Crimp to panic and pull out his gun. Joe is forced to knock out Crimp to restrain him, but soon after another canister slams through the cabin door, tearing it off its hinges. Maria spots Tommy wandering toward the door and as she rushes to save him, the air pressure from the open door sucks her out of the plane. After an engine fails, Bill manages a crash landing with minimal additional damage. In the morning, the storm has cleared and the group surveys the damage, including the broken engine and destroyed radio. Bill announces that they are so far off course that search planes will likely not be able to find them. When Ellis complains that Bill is taking control, Vasquel, who has remained the calmest, points out that by law, the pilot is the highest-ranking member of the group. He then reveals that he has Crimp's gun, but willingly gives it to Bill to help keep the peace. Joe organizes the men to create a signal fire, while Henry and Pete gather food and the women prepare to cook it. Due to Pete's sharp shooting, they enjoy a hearty supper, during which Henry leads the others in reciting The Lord's Prayer. Everyone joins in except Vasquel, who wanders to the edge of the group but listens intently. Six days later, as Crimp hears native drums and grows paranoid, Joe tells Louise his plan to fix the engine, but they are interrupted by Ellis, who is jealous of Louise's attentions and complains that escape strategies are hopeless. Meanwhile, Rena and Bill share a drink, confiding that neither cares about being saved. Their deepening friendship revitalizes them, however, and Bill agrees to drink less and help Joe with his plan. Over the next few days, everyone toils to repair the engine. After Louise spots Rena flirting with Joe, the two women fight in the stream, only to collapse in laughter. Crimp overhears Vasquel reveal to Henry that the Jivaro, who are preparing to attack, will stop drumming just before they ambush the camp. That night, Crimp steals the gun and takes off into the jungle. With no way now to hunt for food, Ellis panics, frightening Tommy. Joe announces that the engine is repairable but now must be rebuilt, news that pleases everyone but Vasquel. That night, Ellis gets drunk, forcing Bill to knock him out, after which Louise indicates to Joe that she is no longer wearing her engagement ring. The next day, Henry and Martha ask Vasquel who he murdered, and the convict reveals that he attempted to assassinate a dictator and hit an innocent bystander. He explains that he left Germany to search the world for freedom, but now no longer believes that "civilization" exists. Finally, the plane is repaired, but soon after, Tommy wanders off into the jungle. When Pete and Rena find the boy standing near Crimp's decapitated body, Pete takes the gun and goes to ward off attackers. Vasquel warns the group that they must leave soon, but Bill refuses to take off without Pete, who soon appears, mortally wounded from a spear. The remaining nine board the plane, but their combined weight causes the engine to fail. At night, as the drumming intensifies, Bill explains that the plane can carry only four adults and Tommy. Realizing that this means death for the remaining four, the group is at a loss to decide who should go, until Vasquel holds them at gunpoint and announces that he will choose. While they prepare the plane, Louise and Joe confess their love for each other, and Bill gives his money to Rena, instructing her to use it to care for Tommy. When Henry and Martha inform Vasquel that, as the oldest members of the group, they will volunteer to stay behind, Vasquel reveals that they have restored his faith in humanity. Suddenly, the drums stop. Vasquel announces that Bill, Louise, Joe and Rena will leave, after which Ellis, infuriated, attacks Vasquel. The convict is forced to kill him, then herds the group into the plane and watches them take off. As the natives approach, Vasquel, with only two bullets left in the gun, shoots the Spangers to spare them from a more horrifying death. Praying, he awaits his fate.
Cast & Crew
Additional Details
|MPAA Ratings:
|Premiere Info:
|New York opening: week of 8 Sep 1956
|Release Date:
|Production Date:
EB; Mertz; AFI
|Black and White
|Distributions Co:
|RKO Radio Pictures, Inc.
|Mono (RCA Sound System)
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|RKO Radio Pictures, Inc.
|United States
|not available
|not available
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I should have left with the flight attendant
Jeff Boston 2018-04-01
The original was better, which is surprising for Robert Ryan is in this remake, a low-rate remake that must have inspired "Gilligan's... MORE>
Excellent Suspense Story
Trylon 2018-01-20
A remake of 1939'S Five Came Back, this is one case where the remake is actually better than the original. It's an excellent cast. Robert Ryan... MORE>
Back from eternity
Bill 2016-11-12
I saw this movie back in 1960 on KHJ tv in Los angeles when i was in Jr high school. It was one of my favorites then and still is today, and I'm... MORE>


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Monday, April 2, 2012
Spring Cleaning! Catching up with the journal!
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Well at least we can look at it as it is only Spring Training. Hopefully when the season starts things will brighten up and we will see more colorful output from you on the stats recap drawings Joe, instead of the black and white! Thank You for the outstanding effort in bringing us up to date!ReplyDelete
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Replacing old power plants with renewable energy could help ease both the carbon and water footprint, according to a study released Tuesday morning by the Union of Concerned Scientists.
The study recommends focusing on renewable energy rather than natural gas and nuclear power as a means for addressing both water and carbon concerns, as the country begins to replace many of its aging coal plants.
The major sources of electric generation – coal, natural gas and nuclear power – all require large amounts of water to create power. For example, more than 40 percent of U.S. freshwater withdrawals are used for power plant cooling, although more than 90 percent of this water is recycled.
"We set electricity and water on a collision course years ago," said Peter Frumhoff, director of science and policy for the Union of Concerned Scientists, at a press conference on the report. "Now we must build a power system hard-wired not for risk, but for resilience."
The discussion comes as Texas is facing the third year of what some say will be a drought more severe than the 1950s drought of record, making water supply reliability increasingly critical for electric generation.
Texas regulators are also reviewing generation capacity, in response to concerns about whether generation will be sufficient to meet growing peak demand.
More than 20 states have begun requiring utilities to submit water source plans in order to receive approval for new utilities, according to the report. In Texas, regulators denied developers of the proposed 1,320-megawatt White Stallion coal plant in Matagorda County a permit to withdraw 8.3 billion gallons of water annually from the state's Lower Colorado River, because of competing water supply concerns.
While utilities are moving to natural gas, which uses less water than coal-fired generation, the water need could still harm water-strained areas, according to the report.
New carbon capture systems for coal and natural gas plants are being developed to reduce the carbon footprint, but the report notes that many of these solutions are still water intensive.
"Electricity mixes that emphasize carbon capture and storage for coal plants, nuclear energy, or even water-cooled renewables such as some geothermal, biomass, or concentrating solar could worsen rather than lessen the sector's effects on water," the report wrote.
Significant investment in renewables and energy efficiency would greatly reduce power generation's water use and carbon emission, reducing water withdrawals by about 97 percent by 2050. Carbon emissions would also be reduced about 90 percent from current levels, according to the report.


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Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
View All Calendars is the default. Choose Select a Calendar to view a specific calendar. Subscribe to calendar notifications by clicking on the Notify Me® button, and you will automatically be alerted about the latest events in our community.
October 6, 2018, 9:00 AM - 2:00 PM @ Pioneer Park and Pavilion
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text: Read page 595 Chapter 8 (Orphan's Prayer) of Craig Thompson's Habibi graphic novel online. This marvelous and beautifully illustrated graphic novel is considered one of the best works by Thompson. Set in a mythical kingdom similar to Middle East, the book follows the struggle and journey through slavery of Dodola, a beautiful and intelligent girl, and Zam, an orphan boy found and taken care by Dodola..


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Cellphone company tower blown up in Mohmand
[Dawn] Militants in Mohmand tribal region's Haleemzai Tehsil blew up a private cellphone company's tower on Tuesday morning.
had planted home-made explosives at the company's tower in the tehsil's Mian Mandi area and destroyed it.
a clean conscience makes a soft pillow...
no loss of life was reported in the
in the Kassai area in Mian Mandi, officials said.
Following the blast, the Frontier Corps launched search operations in the area and
placed in durance vile
Youse'll never take me alive coppers!... [BANG!]... Ow!... I quit!
scores of
. Two journalists were also detained in Ghalanai because the tower was said to be installed on their property.
A local journalist also said two newsmen were detained from the Ghalanai press club under the collective and territorial responsibility law.
Journalists in Ghalanai blocked the
Beautiful Downtown Peshawar
...capital of Khyber Pakhtunkhwa (formerly known as the North-West Frontier Province), administrative and economic hub for the Federally Administered Tribal Areas of Pakistan. Peshawar is situated near the eastern end of the Khyber Pass, convenient to the Pak-Afghan border. Peshawar has evolved into one of Pakistan's most ethnically and linguistically diverse cities, which means lots of gunfire.
-Ghalanai Road for traffic to protest against the detaining of their colleagues. The road was opened after assurance given by Assistant Political Agent, Ghalanai, Jamshed Khan that he would be taking up the case for the detainees' release.
Posted by: Fred 2012-12-12


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This support is for at least nine arts and culture changemakers from North Dakota, South Dakota and the 23 Native nations in the Bush Foundation region to attend Salzburg Global Seminar's Young Cultural Innovators program
Filter by Year ranges from 2018 to 2018
Think bigger. Think differently.
© 2019 Bush Foundation


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