text:
Go to Part 1. Go to Short Version. Go to Part 2. Go to Part 4. Go to Part 5. Go to synopsis.
On May 23, 1999, The Washington Post marked the 50th
anniversary of James V. Forrestal.'s death with a lead cover article in its
Style section. "The Fall of James
Forrestal," it was titled, with The Post's typical inappropriately cutesy
word-play, and the subtitle was as follows:
"When America's first secretary of defense dove from a 16th-floor
window at Bethesda Naval Hospital precisely half a century ago, he left a poem,
a mystery, and 50 years to understand what he'd been trying to tell us."
Since there was no suicide note from such a literate man
who wrote so much, and since a belt or cord was found tied suspiciously around
his neck, the transcription of lines from the morbid poem by Sophocles,
from Ajax," said to have been found near Forrestal's bed, loomed large.
All the newspapers at the time, in their May 23, 1949, stories, before
there had been any sort of investigation, or even an autopsy, proclaimed
Forrestal's death a suicide, and they cited the poem to which the book, An
Anthology of World Poetry, was said to have been opened.
In later editions they touted his purported transcription of the first 26
lines. No one, it could be discerned from careful reading of the
newspapers of the day, had actually seen Forrestal leave his room, and no one
had seen him go out the unprotected window in the kitchen across the hall.
Political scientist, Arnold A. Rogow, in a 1963 Forrestal
biography, wrote that a hospital orderly had seen Forrestal transcribing
the poem from the book shortly before the fall, but he gave no reference for his
claim. In the first installment of
"Who Killed James
Forrestal?" I speculated that Rogow was wrong, because none of
the newspapers at the time had reported that anyone had seen Forrestal copying
the poem, and they certainly would have
done so if they could, so clear was it that they wanted us to believe that the
death was a suicide.
In Part
2, with the official investigation
report, that of the review board convened
by Admiral Morton Willcutts, finally in hand, I revealed that my original
speculation had been correct. The
orderly who went on duty at midnight said that the room had been dark the whole
time he had been on the job, suggesting that no reading or writing would have been
possible before Forrestal's disappearance from the room at about 1:45.
The orderly who had preceded him volunteered witnessing some reading of a
book by Forrestal beginning around 8:00 pm, but he had nothing to say about what
book it was, and he couldn't say for sure if he had seen Forrestal writing or
Also, in great contrast to the great hullabaloo that the
press made over the poem and its transcription, the review board exhibited no
interest in the subject at all. None
of the witnesses they called reported having found either the book of poems or
the transcription. In fact, they
never even brought up the topic. The
only time either is even mentioned is in the following exchange between the
board's recorder and Forrestal's lead psychiatrist, Captain George Raines:
Q. Captain Raines, I show you a clinical record, can you identify it?
This is the nursing record of Mister Forrestal.
The only portion I don't recognize is this poem copied on brown paper.
Is that the one he copied? It
looks like his handwriting. This is
the record of Mister Forrestal, the clinical record.
The one-page transcription had been included as part of
Exhibit 3, "Clinical record of the deceased," just as I received it in
response to my third Freedom of Information Act request. The book of poems, which was described in great detail in the
newspapers, down to the color of its binding, does not show up in the exhibits
at all.
But fifty years later, the newspapers were still playing up
the transcribed poem angle for all it was worth. Here is how the 1999 Post article, written by Alexander
Wooley, begins:
His hand moved across the paper, copying Greek poetry from a thick anthology. Then, abruptly, mid-sentence, it stopped. He slipped the paper inside the book and set it aside. His room was on the 16th floor of the towering Bethesda Naval Hospital. It was 2 a.m. Sunday, 50 years ago. Exactly 50 years ago yesterday. His name was James Vincent Forrestal….
For one who had lived in great wealth, his hospital room was simply furnished—a narrow bed, a straight-back chair, an Oriental carpet on the floor, a rotating fan on the wall by a closed window. Closed and locked. Three windows in the room, all securely locked.
He went across the corridor to a small lab-like kitchen, with locked filing drawers, white tile walls, stainless steel and glass cabinets. There, above a radiator, an open window. He pulled out a screen, stepped onto the sill, leaped into the void.
Later, after they found him broken, 13 floors below on a low roof, they searched his room for clues to his last moments. There was the book, "An Anthology of World Poetry," still open to an excerpt from Sophocles' "Ajax," (sic) still containing the paper on which he'd copied the poet's words:
"'Woe, woe!' will be the cry—no
quiet murmur like the tremulous wail Of the lone bird, the querulous
nightingale," he'd begun, stopping short, in mid-word, "Night—"he
wrote. Then jumped out a window.
And this is how the 50th anniversary Post
article, some 70 paragraphs later, ends:
The date was
now May 22, Sunday, the day of [Drew] Pearson's weekly broadcast, which had
become so agitating to Forrestal.
Forrestal was
reading the poetry anthology, and began to copy from "Chorus From Ajax" on
Pages 277 and 278. He stopped after the first syllable of the word
"nightingale" and—apparently during the guard's five-minute
break—walked out of his room, across a hall, into the adjoining kitchen.
He took off the sash from his robe and tied one end to the radiator under
the window, the other end around his neck, undid a screen and climbed out the
According to
the coroner's report, Forrestal likely then jumped out the window and hung for
some seconds suspended. The report
also notes scuff marks on the cement work underneath the window, indicating
reflexive kicking, or possibly terrified second thoughts. To
no avail: The sash gave way and Forrestal fell 13 floors, landing on an
asphalt-and-crushed stone surface of a third-floor passageway roof.
Death was instant.
The coroner
noted that the sash was still wound tightly around his neck.
The front of his skull was crushed, his abdomen slit, and his lower left
leg severed. The report notes that
his watch was still running.
Last Words
Why would a
man about to kill himself copy an ancient Greek poem, but not complete it?
Was there any connection between the words he copied and his last,
desperate act? [Biographers
Townsend] Hoopes and [Douglas] Brinkley believe that more than mere chance might
be at play. They note that after
the end of World War II, the National Security Council authorized the
recruitment of members of former Ukrainian death squads, who had worked for the
Nazis exterminating Jews and Red Army supporters, to work clandestinely within
the Soviet Union assassinating communists.
The name of the group was Nachtigall, or Nightingale.
Ironically, while one wing of the CIA was secretly bringing
Nightingale's leaders to the United States to train them, another wing of the
agency was in Europe working to bring them to trial in Nuremberg.
The secret program, which Forrestal almost undoubtedly helped bring
about, failed, however. The biographers postulate that Forrestal, in his unsedated
state, may have felt a shock of guilt—or, given his reds-under-the-bed
delusions, paranoia—that may have triggered suicide.
But perhaps
there is another, less strained connection between Sophocles' verse and
Forrestal's tragic end. Perhaps the key was in the verse that immediately followed
the one containing the word "nightingale," the verse Forrestal could not
bring himself to copy:
Oh! When the pride of Graecia's noblest race
Wanders, as now, in darkness and disgrace,
When Reason's day,
Sets rayless—joyless—quenched in cold decay,
Better to die, and sleep
The never-ending sleep, than linger on,
And dare to live, when the soul's life is gone.
Cover-up Collapses
The problem with all this, we now know, is that it is completely made up. Someone else did the poem transcription. Captain Raines, whose credibility was brought into question by many of his other statements, as we saw in Part 2, was simply wrong when he said that the handwriting on the poem written on brown paper looked like Forrestal's. It doesn't look the least bit like Forrestal's handwriting, as one can plainly see at http://www.dcdave.com/article4/041103.htm .
One hardly needs an expert to tell him that the person who
transcribed the poem is not the same person who wrote the various letters there that
are known to have been written by Forrestal.
The most obvious difference is that Forrestal writes his words and
letters almost straight up and down, while the poem transcriber writes with a
more conventional consistent lean to the right. Forrestal, on the other hand, is more conventional in how he
writes his small r's, making either a single hump or an almost imperceptible
double peak, while the transcriber has a very distinctive exaggerated first peak in almost every one he makes. The
transcriber is a very conventional "archer" in the manner in which he makes
his small m's and n's. Forrestal,
on the other hand, is a typical "swagger," sagging down between peaks, as opposed
to rounding over arches.
What's most amazing is the complete brazenness on
display. One can truly say that the
transcription of "Chorus from Ajax" is not a forgery. Not
the slightest effort was made to mimic James Forrestal's handwriting.
The perpetrators must have been completely confident that no attempt
would be made by the Navy to authenticate the note, and, in fact, that no
question would even be raised either by the press or by anyone with a public
forum as to the authenticity of the handwriting in the transcription.
Now that the cat is so thoroughly and obviously out of the bag, one can anticipate that there will be one last, desperate effort to put it back in. It would not be at all surprising for someone to claim that what was sent to me in response to the Freedom of Information Act request was not the actual transcription written by Forrestal, but a facsimile, obviously written by someone else. But it was right there in Exhibit 3 along with the nurse's notes, just as it was when Dr. Raines examined it and volunteered to the Willcutts Review Board that it looked like Forrestal's handwriting. Just as Raines was the only person at Bethesda Naval Hospital to testify that Forrestal was suicidal at any time, he was also the only one there, or anywhere else, to say that the handwriting in the transcription looked like Forrestal's.
In the final analysis, there was a distinctly Soviet
quality to the destruction of the popular and powerful American patriot, James
Forrestal. First, the press
propagandists launch into a campaign to destroy his reputation.
This is accompanied by personal harassment and intimidation, which is
treated as paranoia on Forrestal's part when he complains.
Then he is confined to a mental ward, driving another nail into the
coffin of his reputation and his influence.
Next, he is killed, and with the active complicity of the propagandists
he is blamed for his own murder. The
supposed nature of his death serves further to mute his clarion call of warning
against the dangerous path the country is embarking upon in the Middle East.
Finally, history is re-written. For The Post in 1999, Forrestal's destruction is related
primarily to the disputes in which he became embroiled over the reorganization
of the armed services:
In the
well-received recent biography "Driven Patriot: The Life and Times of James
Forrestal," authors Townsend Hoopes and Douglas Brinkley argue that conflict
with his own secretary of the Air Force, Stuart Symington, a passionate advocate
of the supremacy of air power, played a key role in his professional and
personal decline.
This conflict The Post elaborates upon at typically great
length. When it briefly mentions
Forrestal's opposition to Truman's Palestine policy, it changes the subject
so fast the reader could easily miss it. This
passage comes on the heels of a discussion of Forrestal's objection to rapid
military demobilization in the face of the growing threat from the Communists:
In fact,
Forrestal found himself standing against his president on other key issues—he
opposed making the support of the new state of Israel a pillar of American
foreign policy (at least in part because he was keenly aware of the Navy's
dependence on cheap Arab oil) and fiercely campaigned against Truman's desire
to curtail the Navy's independence by unifying all branches of the military.
That is The Post's only mention of Israel in the entire
article, although there was general recognition in the newspapers at the time of
his death that Forrestal's eclipse was heavily tied up with the prominent
position he had taken in opposition to our sponsorship of Israel.
Working as hard as it is to convince its readers that Forrestal was not
assassinated, it's certainly not going to give them any help in figuring out
what the motive might have been.
David Martin
November 20, 2004
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Find Your Perfect Home.
Lowell Real Estate
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Story highlights
- Kat Kinsman feared turning 40, but then got comfortable with the notion
- Female stars in their 40s are now very much in front of the camera
- The cultural notion of 40 has changed substantially -- it's not something to dread
I was always certain that I'd have my life worked out by the time I was 40. I'd somehow magically awake on my 40th birthday filled with the wisdom of the ages: a solid financial plan, inner peace and a tastefully appointed yet attractive wardrobe that wouldn't just make me feel like I was playing dress-up at work.
As it happened, I did wake up that August morning possessed of new insight -- mostly about how mortifyingly delicious birthday-cake-flavored vodka turned out to be, and how hangovers come on harder and stronger as the years pass. I shut the blinds and went back to sleep. An old lady needs her rest.
No one under 38 really considers what 40 and beyond is going to look like for them. They plot the ambitious beginning ("I'm going to become a successful ___") and the triumphant denouement ("Then I'll retire with my beloved partner and we'll spend our well-funded free time by ___"). But they gloss over the mushy middle, where all the day-to-day doing happens.
Our 40s aren't demographically glamorous. If one were to take all the pop culture commentary on the subject to heart, it would be downright dangerous to leave the house clad in anything more revealing than head-to-toe beekeeper garb covering our wrinkly, dorky, dowdy, dumpy selves. It's a decade, according to sitcoms and comedians, of slight but constant humiliations -- aches and spread and odd hairs and a fundamental cluelessness about anything cool.
On the other end of the temperature spectrum, haven't you heard? Forty is the new zOMG HOT -- at least in the entertainment sphere, where aging actresses are no longer relegated to regional theater until they can re-emerge on screen as comically oversexed grandmas and swearing octogenarians. Nope -- now we have Gwyneth Paltrow, Cameron Diaz, Jennifer Garner, Jennie Garth and Sofia Vergara looking tight-abbed, hard-armed and wrinkle-free, despite the handicap of their birth year.
A lady of that shameful age could also opt to bust the girls out in a balconette bra, hit the tanning bed a couple hundred times, and go cougar-slinking around Fraternity Row in search of fresh meat and a reality TV deal. Which is a bad call, at any age.
There's not a lot of middle ground, at least in the larger cultural conversation, and frankly, I began to panic when I hit 39.
When I was growing up in suburban Kentucky, way back in the 1970s and '80s, that birthday was borne in on black wings, with signs cawing "Lordy lordy, look who's 40" pounded into the lawn by mischievous friends under cover of darkness. I recall my own mother bemoaning the indignity of gray hairs' arrival while she was still having to weather visits from the pimple fairy. Her twin sister, Polly, ruefully displayed a fridge magnet proclaiming, "After 40, it's just patch, patch, patch."
The baby boomer women around me seemed to sigh and lean into it -- maybe even with some degree of relief at not having to struggle so hard to remain au courant. They'd worked hard for their families and careers, and there was no reason on earth not to reap the rewards -- and do so in a comfy sweater and roomy jeans like their husbands.
And as for the upstart MTV brats they were raising, in the narcissism of our youth, the very worst invective we could think to sling at someone was: "Eeewww! She looks like she's 40!" "OMG, that guy checking you out looks like he's 40. Gross!" "Gawd, stop acting like you're 40."
Funnily enough, that same sentiment boomeranged back at me several decades later, but couched as comfort: "You don't look 40."
I heard that a lot in the months leading up to the dreaded birthday, when I took to mentioning my age as frequently as possible, in an attempt both to neutralize its power and to gauge reaction to it. It was a comically distinct divide: Those well under 40 responded with a sharp intake of breath and an immediate attempt to soothe, and those past it offered assurance that all doesn't fall to tatters on the other side.
My elders were right. Dare I say -- my life even got better.
There are drawbacks, certainly: back spasms, skirts best left to 20-something thighs, pillow creases that now take half the morning to fade from my face, and an inability to comprehend the aesthetic appeal of Ke$ha, Skrillex and One Direction (though I suspect that might have happened at any age). The indignities are more than made up for by the increasingly deep and wonderful foundation of not-giving-a-crap with which I conduct my life.
I know who and what brings me joy, and I am more free to pursue that as avidly as I can, while doing the best I can by others -- putting my own metaphorical oxygen mask on first. I try not to sweat the inevitable screw-ups and, yes, I do look 40 because I am 40.
Angst over social slights, chipped nails, minor mess-ups and apologies for my own tastes have lessened monumentally. And while I don't have it all worked out -- though I think I have finally figured out what to do with my hair -- I am strangely OK with that. I've fallen down, gotten up, scarred over and started over enough times that I almost relish the challenge. And I know I won't have to go through it alone.
The greatest of all these pleasures has been seeing the girls I have always loved metamorphosing into women. The warmth, humor, grace, style and passion that burned brightly in youth has intensified and concentrated. My dear friends bring that, along with the confidence of experience, to every facet of their lives -- work, causes, relationships, amusement, and, markedly, child-rearing. Their kids will only ever know 40 as an empowering, vital time in a person's life. If they ever forget -- I am quick to remind them how incredibly cool their mothers were and forever shall be.
Even if they once poured birthday-cake-flavored vodka down my throat on one long and crazy night in Vegas.
Magazines and websites abound with lists of "40 things to do before you're 40," and not being a person inclined to jump out of airplanes or have an affair (seriously -- some suggest that!), mine would be this: Learn what makes you happy in the kitchen, the bedroom and the library and make those things happen as frequently as possible. Share your list in the comments below.
Like CNN Living on Facebook and follow the author on Twitter @kittenwithawhip.


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Don't Tease Me
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Ben Affleck is the new Batman
Ben Affleck is the new Batman
Trey Barrineau, USA TODAY 9:27 p.m. EDT August 22, 2013
He'll replace Christian Bale in the Batman-Superman movie planned for 2015.
Ben Affleck will replace Christian Bale in the Zack Snyder-directed Batman-Superman movie that's scheduled to be released in July 2015.
Warner Bros. made the announcement on Thursday.
From the press release announcing the casting:
"Ending weeks of speculation, Ben Affleck has been set to star as Batman, a.k.a. Bruce Wayne. Affleck and filmmaker Zack Snyder will create an entirely new incarnation of the character in Snyder's as-yet-untitled projectbringing Batman and Superman together for the first time on the big screen and continuing the director's vision of their universe, which he established in Man of Steel. The announcement was made today by Greg Silverman, President, Creative Development and Worldwide Production, and Sue Kroll, President, Worldwide Marketing and International Distribution, Warner Bros. Pictures.
"Affleck will star opposite Henry Cavill, who will reprise the role of Superman/Clark Kent. The film will also reunite "Man of Steel" stars Amy Adams, Laurence Fishburne and Diane Lane.
"In the announcement, Silverman stated, 'We knew we needed an extraordinary actor to take on one of DC Comics' most enduringly popular Super Heroes, and Ben Affleck certainly fits that bill, and then some. His outstanding career is a testament to his talent and we know he and Zack will bring new dimension to the duality of this character.'
"Snyder also expressed his excitement about the casting of Affleck, noting, 'Ben provides an interesting counter-balance to Henry's Superman. He has the acting chops to create a layered portrayal of a man who is older and wiser than Clark Kent and bears the scars of a seasoned crime fighter, but retain the charm that the world sees in billionaire Bruce Wayne. I can't wait to work with him.'
"Kroll added, 'We are so thrilled that Ben is continuing Warner Bros.' remarkable legacy with the character of Batman. He is a tremendously gifted actor who will make this role his own in this already much-anticipated pairing of these two beloved heroes.'
Affleck has previous experience as a superhero -- he played Daredevil in the 2003 film of the same name.
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McClatchy Reports First Quarter 2013 Earnings
By: Press Release
SACRAMENTO, Calif., April 25, 2013 — The McClatchy Company (NYSE-MNI) today reported a net loss in the first quarter of 2013 of $12.7 million or 15 cents per share, including an $8.1 million after-tax loss related to debt refinancing and open-market debt repurchases. In the first quarter of 2012 the company reported a net loss of $2.1 million or 2 cents per share.
Total revenues in the first quarter of 2013 were $276.7 million, down 4.0% from the first quarter of 2012. Advertising revenues were $197.1 million, down 6.0% from 2012, and circulation revenues were $67.5 million, up 1.6%. Total digital advertising revenues grew 1.5% in the first quarter of 2013, with digital-only advertising revenues up 8.9% from the 2012 quarter. Total digital advertising represented 24.0% of total advertising revenues in the first quarter of 2013 compared to 22.2% of total advertising revenues in the first quarter of 2012.
Results in the first quarter of 2013 included the following items:
— A loss from the extinguishment of debt totaling $12.8 million ($8.1 million after-tax) related to the completion in early 2013 of the refinancing of the company's 11.5% secured bonds due in 2017 and open-market repurchases;
— accelerated depreciation totaling $2.1 million ($1.3 million after-tax) related to relocating Miami newspaper operations;
— severance and other restructuring-related charges totaling $2.3 million ($1.4 million after-tax);
— the reversal of non-cash interest expense totaling $0.1 million ($.08 million after-tax) related to the release of tax reserves; and
— additional tax expense totaling $1.1 million for an increase to liabilities related to tax positions taken in prior years.
The net loss in the first quarter of 2013, excluding the net impact of these items, was $0.7 million compared to a net loss in the first quarter of 2012 adjusted for similar items of $2.5 million. (Non-GAAP measurements are discussed below.)
Operating cash expenses, excluding severance and other restructuring-related charges, declined approximately $4.1 million, or 1.8%, from the 2012 quarter. Operating cash flow was $53.4 million in the first quarter of 2013, down 12.2%.
Management's Comments:
Commenting on McClatchy's first quarter results, Pat Talamantes, McClatchy's president and CEO, said, "We were pleased to see growth in circulation revenues in the first quarter and sequential improvement in total revenues compared to the last quarter of 2012. Total company revenues were down 4.0% this quarter compared to down 5.3% in the fourth quarter of 2012 on a comparable 13-week basis and down 5.1% in the first quarter of 2012.
"For the quarter, total advertising revenues were down 6.0% compared to the first quarter of 2012. Total digital advertising revenues grew again, up 1.5%, compared to the same quarter last year while digital-only revenues were up 8.9%. Digital advertising represented 24.0% of McClatchy's total advertising revenues in the first quarter compared to 22.2% in the first quarter of 2012.
"Direct marketing advertising revenues were up 2.6% in the first quarter. This category continues its growth with its 11th quarter of revenue growth out of the past 12 quarters. Direct marketing accounted for 14.5% of total advertising revenues in the quarter. Diversifying and growing our revenue sources is one of the keys to our success. In the quarter, advertising revenues from digital and direct marketing together contributed more than 38.5% of our advertising revenues.
"The company-wide rollout of our new digital subscription packages, known as our Plus Program, continues to exceed our expectations. We finished the quarter with over 22,000 digital-only subscribers. In total, the Plus Program provided $5.8 million in incremental revenues contributing to the 1.6% growth in total circulation revenues for the quarter compared to the same quarter last year. We now expect the Plus Program to generate approximately $25 million in new revenues in 2013.
"Cash expenses, excluding severance and other restructuring-related charges, were down 1.8% in the quarter compared to the first quarter of 2012. We were able to reduce cash expenses even though we invested approximately $1.9 million in new revenue initiatives and enterprise-wide operating systems and despite an increase in pension expense of $2.8 million.
"Our equity investments started off the year impressively as our equity income was up 52.2% to $9.2 million in the first quarter of 2013 compared to the same quarter last year. Importantly, Classified Ventures and CareerBuilder continue to provide our customers with valued products while at the same time providing us with strong financial results.
"As we look to the second quarter, we expect that the trend in total company revenues, aided by results from the Plus Program, will improve compared to the same quarter last year. We will remain vigilant in controlling costs and we expect cash expenses (excluding restructuring-related charges) to be down in the low-single digits in the second quarter versus the same quarter in 2012."
Elaine Lintecum, McClatchy's CFO said, "Total debt at the end of the first quarter was $1.566 billion, a $145.9 million decrease compared to the balance at the end of 2012. We completed the last stage of our refinancing in the first quarter by retiring the remaining $83.6 million of 11.50% Senior Secured Notes due 2017. The additional $62.3 million reduction was accomplished through open market repurchases during the quarter. The refinancing transaction, along with our continued focus on debt reduction, has given us immediate benefits — we have extended our debt maturities significantly and lowers our cash interest expense by about $15 million in the first year. For the quarter, cash interest expense related to bonds was down approximately $4.4 million compared to the same quarter last year.
"We contributed $7.5 million to our pension plan during the quarter and expect that there will be no substantial additional cash contributions made for the remainder of the year. Our leverage ratio at the end of the first quarter as defined in our credit agreement was 4.41 times cash flow and our interest coverage was 2.48 times.
"The relocation of The Miami Herald headquarters from downtown Miami to Doral, Fla., is going well. We will begin moving office operations to the new leased building in Doral at the end of the month. Construction of the adjacent printing facility is complete and we expect to complete the relocation by the end of May."
Management also noted that given the changes in its circulation delivery contracts resulting from the rollout of the company's digital subscription model and efforts to improve strategies and reduce costs associated with delivery of its print newspapers, it has begun a review of its delivery contracts to determine whether circulation revenues should continue to be reported net of delivery costs or reported at gross with delivery costs recorded as expenses. Neither method of accounting has an impact on the company's operating income, operating cash flows or earnings. The company expects to complete this review before it files its Form 10-Q with the Securities and Exchange Commission (SEC) on or before May 10, 2013.
The company's statistical report, which summarizes revenue performance for the first fiscal quarter of 2013, follows.
Non-GAAP Financial Measures:
In addition to the results reported in accordance with accounting principles generally accepted in the United States ("GAAP") included in this press release, the company has presented non-GAAP financial measures such as adjusted net income, operating cash flows and operating cash flow margins. Adjusted net income is defined as net income excluding amounts (net of tax) for loss (gain) on extinguishment of debt, restructuring-related compensation charges, accelerated depreciation on equipment, other restructuring charges, reversal of interest on tax items and certain other discrete tax items. Operating cash flow is defined as operating income plus depreciation and amortization, restructuring-related charges and other non-cash impairments. Operating cash flow margin is defined as operating cash flow divided by net revenues. These non-GAAP financial measures are reconciled to GAAP measures in the attached schedule. Management believes these non-GAAP measures, when read in conjunction with the company's GAAP financials, provide useful information to investors by offering:
— The ability to make more meaningful period-to-period comparisons of the company's ongoing operating results.
— The ability to better identify trends in the company's underlying business.
— A better understanding of how management plans and measures the company's underlying business.
— An easier way to compare the company's most recent operating results against investor and analyst financial models.
These non-GAAP financial measures should not be considered a substitute or an alternative to these computations calculated in accordance with and required by GAAP. McClatchy's non-GAAP financial measures may not be comparable to similarly titled measures presented by other companies.
At noon Eastern time today, McClatchy will review its results in a conference call (877-278-1205, pass code 33652675) and webcast (www.mcclatchy.com). The webcast will be archived at McClatchy's website.


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African American Cultural Program
Sponsored By
Celebrate Black History Month 2013 In Orange CountyCelebrate black history month in Orange County at these events, which provide opportunities for the entire family to rejoice in African-American cultural contributions. From music to food, games, stories and poems, these events highlight some of the most beautiful aspects of diversity. Be sure to check out these fun outings during the month of February.


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ADDISON COUNTY — Addison County Transit Resources (ACTR) is cruising into the fall with record ridership numbers, a revitalized bus fleet and a plan to give customers real-time updates on the timeliness of its bus runs.
The county's public transportation organization released figures last week showing its fleet of 16 buses had dispensed a combined total of 156,000 rides during the 12 months preceding June 30, 2011. That's 22-percent higher than ACTR's previous record year, officials said.
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MIDDLEBURY — For 33 years, organizers of the Middlebury Festival on-the-Green have been able to draw a steady stream of talented entertainers to the heart of Addison County's shire town for a week of free music and family fun.
Now organizers are appealing for an infusion of new talent within their own ranks in order to keep the annual festival successful and vibrant into the future.
"We are at an energy crossroads," said Festival on-the-Green President Gale Hurd.
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Prayer by Rev. David E. Hervey, of the Presbyterian Church.
Mr. Hall, the secretary-elect, appeared, took the oath and assumed the duties of his office.
Minutes read and approved.
MR. LAMB: Mr. President, I understand from the Secretary that he was mistaken yesterday in stating to the gentleman from Wood that a copy of the rules could be furnished. Those copies are not forthcoming and I move that we direct one hundred copies to be printed for the use of the Convention. It is necessary also to print rolls for the purpose of taking the ayes and noes and that may as well be ordered at the same time.
Copy of Rules printed under this order:
1. The President of the Convention shall take the chair every day precisely at the hour to which the convention shall have adjourned the day preceding; shall immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read for correction. He shall preserve order and decorum; may speak to points of order in preference to other members; rising from his seat for that purpose; shall decide questions of order, subject to an appeal to the Convention; shall daily examine and correct the journal before it is read; shall have a general direction of the hall; may call any member to the chair to perform its functions not exceeding one day; shall set apart seats in the hall for the members of the general assembly, and of the executive of this State, for the judges of this State and of the United States; and for such other persons as he may think proper to invite within the hall; for any disturbance of disorder amongst spectators in the hall or gallery, he or the chairman of the committee of the whole, (as the case may be) shall have power to order the same to be cleared; he shall appoint all committees not otherwise ordered; shall promptly call members to order for transgressing the rules; and when two members rise at the same time to address the Chair; shall name the one who is to speak, taking care however always to allow a member who rises and addresses the Chair first, to speak first.
2. No member shall absent himself from the service of the Convention, unless he be sick and unable to attend.
3. A member about to speak or deliver any matter to the Convention, shall rise from his seat, and without advancing, shall, with due respect address, "Mr. President," confining himself strictly to the point in debate, avoiding all personality, and indecent and disrespectful language.
4. No member while addressing the Convention, shall call another member by name.
5. No member shall speak more than twice to the same question without leave, nor more than once, until every other member intending to speak shall have spoken.
6. The rules of parliamentary practice, comprised in Jefferson's Manual, shall govern the Convention in all cases to which they are applicable, and consistent with the rules and orders of the Convention.
7. The Secretary shall draw up the journals of the Convention daily, which, after being examined and corrected by the President, and read to the Convention, shall be printed, and one copy shall be delivered to him and one to each member without delay. He shall not suffer any member, or other person, to take any records or papers from his table, or out of his custody.
8. A question being once determined, must stand as the judgment of the Convention, and shall not again be drawn into debate.
9. While the President is reporting or putting a question, none shall entertain private discourse, read, stand up, walk into, or out of the house; and when a motion to lay on the table is made, there shall be no debate upon that, or any incidental question arising out of it, including as appeal.
10. No member shall vote upon any question touching his own conduct or privilege as a member, nor in any other case, where he was not in the hall, when the question was put, either in the house or committee of the whole.
II. A majority of the members of the Convention shall be necessary to transact business, and every question shall be determined according to the vote of the majority of the members present. Any smaller number shall be sufficient to adjourn, and fifteen to call a house, and send for the absent, and make any order for their censure or discharge.
12. A majority of any committee shall be necessary to transact business.
13. Any person who shall tamper with any witness in respect to his evidence to be given in this Convention, or before any of its committees, or who shall directly or indirectly attempt to deter or hinder any person from appearing, or giving evidence, shall be deemed to have committed a high crime, and shall be punished accordingly.
14. No person shall be taken into custody by the sergeant- at-arms on any complaint of a breach of privilege, until the matter of such complaint shall be examined by a committee and reported to the house.
15. The sergeant's fees shall be as follows: for taking a person into custody two dollars; for every day detained in custody two dollars; for sending a messenger to take any person in custody by warrant from the President, eight cents per mile for going and the same for returning.
16. On a call of the house, the doors shall not be shut against any member until his name is once called and noted as an absentee.
17. When any member shall remain in his seat two days after leave of absence, such leave shall be void.
18. No business shall be introduced, taken up, or considered, after 12 o'clock, until the orders of the day shall be disposed of, except that an order of the day commenced may continue from day to day until finished, to the exclusion of other orders.
19. Any member (seven others concurring) shall have a right to demand the ayes and noes upon any question, at any time before it be put, and in such case, the names of the members shall be called by the secretary, and the ayes and noes entered respectively on the journal; and the question decided as a majority of votes shall thereupon appear. But after the ayes and noes are separately taken, and before they are counted and entered on the journal, the Secretary shall read over the names of those who voted in the affirmative, and those who voted in the negative, in order that any mistake in the listing of names and votes may be corrected.
20. The petitioner who contests the election of a member returned to serve in this Convention, shall receive his wages only from the day on which he is declared duly elected.
21. Select committees shall be composed of not less than five nor more than thirteen.
22. In elections, but one vacancy shall be filled at a time, and if, in any election, no person receive a majority of the whole vote upon the first ballot, the person having the smallest number of votes shall not be voted for upon the next ballot, and so on each succeeding ballot, until some person shall have a majority of the whole.
23. In all votes of the house, except by ayes and noes, the President may, and at the instance of any member shall, cause the house to be divided; and if upon the rising of the members in the affirmative, a doubt still exists with the President or any member, on which side the majority is, the members in the affirmative shall first be counted, and then those in the negative, either by the President, or at his request by two members of opposite opinions upon the question.
24. The documents ordered to be printed by the Convention shall be printed on paper of the same size of the journals of the Convention, and a copy shall be bound with each journal, to be furnished to the members at the end of the session; and it shall be the duty of the printer of the house to print one hundred additional copies of each document for the use of the Commonwealth.
25. No committee shall sit during the sessions of the Convention without special leave.
26. If any member, while speaking, transgress the rules of the Convention, the President shall, or any member may, call to order; and the member so called to order shall immediately sit down, unless permitted to explain, and the Convention shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to; if the decision be in favor of the member, he shall proceed - if against him, he shall not proceed; if any other member object, without leave of the Convention; and if the case require it, he shall be liable to the censure of the Convention.
27. If a member be called to order for words spoken in debate, the member calling him to order, shall repeat the words excepted to, and they shall be taken down in writing by the Secretary; and no member shall be held to answer, or be subject to the censure of the Convention for words spoken in debate, if any other member has spoken, or other business has intervened, before exception to them shall have been taken.
28. While a member is speaking, none shall entertain private discourse, or shall otherwise disturb him, or pass between him and the Chair.
29. Every member shall remain uncovered during the sessions of the Convention; and no member shall remain by the Secretary's table while the ayes and noes are calling, or while the Convention is voting, or the Secretary calling or counting the votes, in any election.
30. Every member who shall be in the house when a question is put shall vote, unless excused; and all motions to excuse, in such cases, shall be made before the house divides, or before the call for the ayes and noes is commenced; and any member requesting to be excused from voting, may make a brief verbal statement of his reasons, and the question shall then be taken without further debate.
31. Every motion shall be reduced to writing, if the speaker or any member desires it.
32. When a question is under debate, no motion shall be received but to adjourn, for the previous question, to lie on the table, to postpone indefinitely, to adjourn the question to a different day to commit, or amend; which several motions shall have precedence in the order in which they are arranged.
33. On a motion or call for the previous question there shall be no debate, but unless sustained by twenty members, indicated by rising, the President shall not put it to the vote, but if so sustained, the previous question shall be put immediately; and all incidental questions of order arising after a motion is made for the previous question, and pending the motion, shall be decided, whether an appeal or otherwise, without debate.
34. Any member may call for the division of a question, and it shall be, thereupon, divided, if it comprehend propositions in substance so distinct that one thing taken away, a substantive proposition shall remain for the decision of the house - but a motion to strike out being lost, shall not preclude a motion to strike out and insert.
35. When the Convention is about to rise, every member shall keep his seat until the President shall have announced the adjournment.
The following resolutions were adopted by the Convention on the 26th day of November, 1861, and are added to the foregoing for the convenience of the members:
RESOLVED, That all resolutions and propositions containing, or relating to, provisions to be inserted in the Constitution shall be referred to the appropriate standing committee without debate, and be printed for the use of the Convention.
RESOLVED, That every report made by a standing committee shall, in its turn, be considered, and be open to amendment, section by section, but the vote on the passage of any section or clause shall not be final. The question shall recur on the passage or adoption of the whole report as amended, and motions to strike out and to insert shall be in order.
E. R. HALL, Secretary.
The motion was agreed to.
MR. VAN WINKLE from the Committee to Report on Order of Business, presented the following:
The committee appointed "to report the best method of bringing before the Convention such provisions to be inserted in the Constitution as may be proposed," respectfully recommend the adoption of the following resolutions:
RESOLVED, That the President appoint the following standing committees, each of which shall choose its own chairman:
1. A Committee on Fundamental and General Provisions, to consist of nine members, who shall consider and report suitable provisions to be inserted in the Constitution, to give the government it creates a free and republican character; to protect minorities, and to secure popular rights, including provisions, relating to suffrage and the basis of representation.
2. A Committee on County Organization, to consist of seven members, who shall consider and report suitable provisions for the administration of the local affairs of the several counties, the proper officers for each, their terms of service, and the mode and time of their election and appointment.
3. A Committee on the Legislative Department, to consist of seven members, who shall consider and report the proper numbers of representatives in each branch of the general assembly, the principles on which representation shall be apportioned, and a present apportionment thereof, and such other provisions as are necessary to constitute the said department; and also a proper mode of apportioning representation in the House of Representatives of the United States, and an apportionment of the same under the census of 1860.
4. A Committee on the Executive Department, to consist of seven members, who shall consider and report such provisions as are necessary to constitute the said department.
5. A Committee on the Judiciary Department, to consist of seven members, who shall consider and report such provisions as are necessary to constitute the said department, including those relating to the judicial powers and jurisdiction of justices of the peace.
6. A Committee on Taxation and Finance, to consist of seven members, who shall consider and report suitable provisions on those subjects, and in reference to the assumption by the proposed new State of an equitable proportion of the debt of the State of Virginia, and what provision can and should be made for the payment of such proportion.
7. A Committee on Education, to consist of seven members, who shall consider and report suitable provisions in relation to that subject.
8. A Committee, to consist of seven members, to prepare a schedule to accompany the Constitution, providing for putting the same in operation, and containing such other suitable provisions as circumstances may require.
RESOLVED, That all resolutions and propositions containing, or relating to, provisions to be inserted in the Constitution, shall be referred to the appropriate standing committee without debate, and be printed for the use of the Convention.
RESOLVED, That every report made by a standing committee shall, in its turn, be considered and be open to amendment, section by section, but the vote on the passage of any section or clause shall not be final. The question shall recur on the passage or adoption of the whole report as amended, and motions to strike out and to insert shall be in order.
By order of the committee.
P. G. VAN WINKLE, Chairman.
MR. VAN WINKLE. Under ordinary circumstances, the motion would be, I suppose, to lay on the table and print; but when the Convention consider that until a report is had from one of these committees there can be no profitable business done here, instead of moving that this report be laid on the table and printed; I move that it now be considered, section by section. I think that members can thus distinctly understand each proposition; and they can move such amendments as they may see fit. It will be observed, of course, that this committee does not undertake to indicate what shall be in the Constitution in any instance whatever. It indicated the subjects which are absolutely necessary to be considered and fixed in that instrument. It has named some other subjects. It is, however, open to amendment if any gentleman sees fit to do so.
I move therefore, sir, that the report be taken up and considered, section by section.
The motion to consider the report was concurred in, and the Secretary proceeded with the reading. The sections were adopted seriatim to the eighth, inclusive; and the ninth was read.
MR. PAXTON. I would move to amend that by striking out the words "without debate." The Convention, of course, will have nothing before it until some of these committees are prepared to report; and I cannot see, therefore, why any proposition should not be open to discussion in the meantime. It occurs to me the amendment would be judicious.
MR. VAN WINKLE. Mr. President, the effect of the gentleman's motion, if carried, will be to have two debates on every subject that comes up. This is to facilitate business, and prevent unnecessary debate. A gentleman is desirous to have some sort of provision in the Constitution. He offers that provision; it is printed and distributed among the members, and referred to the committee having the subject in charge. The committee consider it, and if they approve it they will embody it in their report; if they do not approve it, the original proposer or any other gentleman may move its insertion. Then is the proper time for debate upon it. But if instead of that whenever a gentleman offers a proposition here, there is to be debate, it can only be on the question of reference. You cannot pass isolated propositions. This report, if adopted, signifies the mode in which business shall be done. The whole business in reference to the Constitution will be distributed to the committees. What question else could you make of it except to refer? Will a gentleman get up here and make a proposition and move that it shall be inserted in the Constitution without reference to any other proposition? As I said in the beginning it will anticipate two debates upon every proposition that comes up. Let for example, the legislative department be perfected by the committee and come up. If they have not inserted such propositions as any gentleman thinks ought to be, he can move their insertion; and that brings on the debate at the proper time. Certainly that is a more natural order of business, and will certainly save a good deal of time.
I trust the amendment will not prevail.
MR. WILLEY. I hope the remarks of the gentleman from Wood will prove entirely satisfactory to the Convention. If we get up rambling debate without reference to final action, we will go very far beyond the limits which the convention seem to have assigned to the session of this body, and will have accomplished nothing by it in the end. Because these identical questions will have to be discussed again when they come up for final action. It has been deemed very material that we should consummate our work with as much expedition as possible. Now, sir, we will not get away for two months unless some such proposition as this is adopted. If we are to discuss questions which have to be discussed again, we shall not get away for two months. Besides, I would suggest to my friend from the county of Ohio, in answer to his remark that this body will have nothing to do till the committees report, that this body consists of about forty members; that there are seven committees, one composed of nine and all the rest of seven each; and that to constitute these committees, we will have to detail all the members; and that every member will be engaged until some report comes in for our action.
MR. PAXTON. I withdraw the amendment, after the explanation.
The section was adopted.
The Secretary reported the tenth and last.
MR. VAN WINKLE. I wish to explain that the committee had in consideration two modes of doing business. One was that of going into committee of the whole, to which there is serious objection. It produces delay. The convention that met here in June did not go into committee of the whole, but had a provision something like this introduced here. The objection to the committee of the whole is that where a long article is to be passed and an amendment is made to a section of it, it necessitates going back and making an amendment in the preceding part of it. This proposes to have all the benefits of the committee of the whole without its inconveniences and disadvantages. Say the committee on the legislative department makes its report. It will of course constitute an article in the Constitution and be divided into convenient sections according to the subjects. They will be taken up; each section will (be) considered and amended until it is, to use a common expression, amended into shape. A second will then be taken up and proceeded with in the same way, and so on till the article is completed. Then we may find that the adoption of certain amendments in the latter part necessitate some change in the first, and this can be made before the article is adopted as a whole. Also it gives this advantage: that even the opponents of a section will be willing that the friends of its adoption should perfect it by amending in such way as they may think best. Then, when the whole article has been gone over this way, and the question comes up, shall the whole pass? any gentleman is at liberty, as he would not have been before, to move to strike out any section or clause, or move to insert any, that he may think ought to be in. In that way, sir, I think every advantage that is derived from a committee of the whole will be realized; that it will be a sufficiently deliberate way; that it will expediate the business and enable us to express the sense of the Convention without difficulty or misunderstanding.
The report was adopted.
MR. STEVENSON of Wood. I desire to offer the following resolution :
RESOLVED, That a Committee on Printing and Expenditures, to consist of three members, be appointed, who shall arrange for all printing directed by the Convention, at rates not greater than those authorized by the general assembly at their late session, and shall audit all claims and bills against the Convention and certify the same for payment.
The resolution was adopted.
MR. VAN WINKLE. Tomorrow is a thanksgiving day, appointed by the authority of the State, and no doubt every member would wish to observe it. I would therefore move that when this Convention adjourn today it will adjourn to meet again on Friday morning at the usual hour.
The motion was agreed to.
MR. VAN WINKLE. I made that motion, sir, preparatory to making the remark that it will require some time for the President to appoint these committees and he will perhaps need the assistance of some of the members in doing it. I was going to move, then, that the Convention should take a recess until afternoon to give the President an opportunity of making up these committees. And I would say that I believe it is considered entirely proper for any member of the Convention who wishes to be appointed on a certain committee to indicate that fact to the President.
I will, therefore, move that we take a recess until five o'clock.
MR. STEVENSON of Wood. I would suggest that I think four o'clock would suit the members better. I do not know how it is with the others, some of us take supper at half-past five. I am willing to forego mine, though, if the rest are.
MR. VAN WINKLE. I will accept the amendment for the sake of the gentleman's supper (Laughter).
MR. LAMB. It is a serious task, and the President ought to have plenty of time.
MR. STEVENSON of Wood. It would probably suit the gentleman from Wood better at seven and then we can both get our suppers (Laughter).
MR. VAN WINKLE. I protest that I am entirely serious with regard to gentlemen getting their suppers - and my own too. I will alter the motion to make it half-past four.
The motion was agreed to.
The President announced the following standing committees raised under the resolution hitherto adopted:
Committee on Fundamental and General Provisions: - Peter G. Van Winkle, Gordon Battelle, James H. Brown, Waitman T. Willey, Chapman J. Stuart, Robert Irvine, W. W. Brumfield, Abijah Dolly, James S. Cassady.
Committee on County Organization: - Joseph S. Pomeroy, John A. Dille, A. D. Soper, Thos. W. Harrison, E. S. Mahon, Dudley S. Montague, Peter G. Van Winkle.
Committee on the Legislative Department: - Daniel Lamb, Harmon Sinsel, James H. Brown, H. D. Chapman, Chapman J. Stuart, J. J. Brown, Josiah Simmons.
Committee on the Executive Department: - E. H. Caldwell, H. Dering, Wm. E. Stevenson, Lewis Ruffner, G. F. Taylor, S. N. Hansley, E. J. O'Brien.
Committee on the Judiciary Department: - Waitman T. Willey, James H. Brown, Ephraim B. Hall, Robert Irvine, C. J. Stuart, John A. Dille, B. F. Stewart.
Committee on Finance and Taxation: - James W. Paxton, J. J. Brown, R. L. Brooks, H. Dering, H. Raymond, James Hervey, John M. Powell.
Committee on Education: - Gordon Battelle, William E. Stevenson, Robert Hagar, Thomas H. Trainer, J. W. Parsons, William Walker, George Sheets.
Committee on Schedule to the Constitution: - Ephraim B. Hall, R. W. Lauck, Grenville Parker, W. W. Warder, A. J. Wilson, T. W. Harrison, Joseph Hubbs.
Committee on Printing and Expenditures: - William E. Stevenson, James W. Paxton, A. D. Soper.
MR. VAN WINKLE. It is understood, I presume, that the gentlemen first named on these committees will act as chairmen, until they meet and choose chairmen themselves, according to the provisions of the resolution.
THE PRESIDENT. That was the understanding and intention of the Chair.
MR. VAN WINKLE. I would then ask my committee to meet on Friday morning at nine o'clock in the room in the northwest corner of the building. I apprehend that committee could make a partial report Friday. At all events it will be necessary for some matters to be acted on by it to be settled before the other committees can progress very far. Perhaps by that time the sergeant- at-arms will be able to procure suitable rooms for all the committees. That committee will precede in its business some of the others and it had better meet at once.
MR. STEVENSON of Wood. I would suggest to the Committee on Printing to meet me here a few moments after the Convention adjourns.
MR. SINSEL. I have prepared a little work here; which I wish referred to the appropriate committee.
Mr. Sinsel presented the following paper which was read by the Secretary and referred:
1. There shall be a Supreme Court of Appeals, circuit courts, and magisterial courts. The jurisdiction of these tribunals, and of the judges and magistrates thereof, except so far as the same is conferred by this Constitution, shall be regulated by law.
2. The State shall be divided into three divisions and eight circuits and each county shall be divided into at least four, and not more than eight magisterial districts.
3. For each division a judge shall be elected by the voters thereof, who shall hold his office for the term of twelve years, unless sooner removed in the manner prescribed by this Constitution. He shall, at the time of his election, be at least thirty and not over fifty-six years of age, and during his continuance in office shall reside in the division for which he was elected. Of those first elected, one, to be designated by lot, shall remain in office for four years only, and one other, to be designated in like manner, shall remain in office for eight years only.
4. The Supreme Court of Appeals shall consist of three judges so elected, any two of whom may hold a court. It shall hold three sessions annually of three months each, unless the business is sooner disposed of. One session shall be at the seat of government, one at the city of Wheeling, and one at Charleston. It shall have appellate jurisdiction only, except in cases of habeas corpus, mandamus and prohibition. It shall not have jurisdiction in civil cases when the matter in controversy is less than one thousand dollars, except in controversies concerning the title or boundaries of land, the probate of a will, the appointment or qualification of a personal representative, guardian, committee or curator, or the right of a corporation or county to levy tolls or taxes, and except in cases involving freedom, or the constitutionality of a law.
5. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals, the reasons therefor shall be stated in writing and preserved with the record of the case.
6. The officers of the Supreme Court of Appeals shall be appointed by said court, or by the judges thereof in vacation. Their duties, compensation and tenure of office shall be prescribed by law.
7. For each circuit a judge shall be elected by the voters thereof, who shall hold his office for the term of eight years, unless sooner removed in the manner prescribed by this Constitution. He shall, at the time of his election be at least twenty-five and not over fifty-six years of age, and during his continuance in office shall reside in the circuit of which he is judge.
8. A circuit court shall be held at least four times a year by the judge of each circuit, in every county of this Commonwealth wherein a circuit court is now or may hereafter be established. Judges may exchange circuits with each other for one or two terms. Each term of a circuit court shall commence on Monday, and remain in session for at least two weeks, unless the business is sooner disposed of.
9. The voters of each county shall elect a clerk of the circuit court for said county, whose term of office shall be four years. His duties and compensations shall be prescribed by law.
10. For each district a magistrate shall be elected by the voters thereof, who shall hold his office for the term of four years, unless sooner removed. He shall, ex-officio, be the overseer of the poor for his district. He shall hold a court at least once in each month, in his district, and at the same place each time, and have jurisdiction of all sums where the matter in controversy, exclusive of interest and costs, does not exceed one hundred dollars in value. He shall keep a record of all his proceedings, and be allowed to charge the parties the same fees that clerks of the circuit courts shall be allowed to charge for like services. He shall reside in the district for which he was elected.
11. The parties, if they desire it, shall have the benefit of legal counsel, and the right of appeal to the circuit court. If the matter in controversy exceeds twenty dollars in value, exclusive of costs, the defendant, upon giving security for costs, may have the case certified to the circuit court for trial.
12. They shall meet semi-annually at the court house of their county, and adjust and audit all claims against the same, keeping the claims for the benefit of the poor in a separate book. They shall do their own clerking, and certify the claims so allowed by them to the circuit court of the county, which court, at its spring term, shall order a levy for the same.
13. Judges and magistrates shall be commissioned by the governor, and during their term of service shall not hold any other office or appointment, or public trust, and the acceptance thereof shall vacate his judicial office. The salary of the judge of the Supreme Court of Appeals shall be two thousand dollars per annum, and that of a circuit judge shall be seventeen hundred dollars per annum. They shall not receive any other allowance from the State.
14. Judges, magistrates, attorneys for the Commonwealth, surveyors, clerks of courts, sheriffs, commissioners of the revenue and constables may be removed from office, by indictment and conviction thereof, for malfeasance, misfeasance or gross neglect of official duty. When an indictment is found against a judge of a circuit court, the clerk of the court where the indictment was found shall issue a summons to a judge of an adjoining circuit to attend at the next term of the court and preside during the trial, and if found guilty of either of the above named offenses, in addition to the penalty prescribed by law for such offenses, he shall declare his office of judge vacant. The clerk shall immediately, if no appeal be taken, transmit a copy of said indictment and judgment of the court to the governor of the State, who 'shall immediately issue a writ of election, to fill the unexpired term of such judge.
15. Judges of the Supreme Court of Appeals shall be indicted in the circuit courts, with the right of appeal, and upon the trial of the appeal, a circuit judge or judges shall preside with the other judge or judges of the court of appeals, so that three judges shall hold the court: and if found guilty of either of the above named offenses, his punishment shall be the same as circuit judges, and his office declared vacant and filled in like manner. When the office of judge is declared vacant by the court of appeals, the clerk of said court shall certify a copy of the indictment, appeal and judgment to the governor of the State, who shall issue a writ of election to fill the unexpired term of judge.
16. For each county an attorney for the Commonwealth shall be elected by the voters thereof, who shall hold his office for the term of four years. He shall, in addition to his other duties, be counsel for the overseers of the poor of his county. He shall receive from the State a salary, where the population does not exceed five thousand, two hundred dollars; if the population is five thousand and not over ten thousand, two hundred and fifty dollars; if over ten thousand, he shall receive three hundred dollars per annum. He may receive a fee of the persons convicted by him, to be ascertained by law.
17. For each county a surveyor shall be elected by the voters thereof, who shall hold his office for the term of six years. His duties and compensations shall be prescribed by law. For each county a sheriff shall be elected by the voters thereof, who shall hold his office for the term of two years, and he shall not be eligible a third time unless all of the public due shall have been first collected and paid by him to the proper persons. His duties and compensations shall be prescribed by law. The voters of each district shall elect a constable for the same, whose duty and compensation shall be prescribed by law.
18. Judges and all other officers, whether elected or appointed, shall continue to discharge the duties of their respective offices after their terms of service have expired, until their successors are qualified. When a vacancy shall occur in the office of clerk of the circuit court, such court may appoint a clerk pro tempore, who shall discharge the duties of the office until the vacancy is filled.
19. Writs shall run in the name of the Commonwealth of Western Virginia, and be attested by the clerks of the several courts. Indictments shall conclude: against the peace and dignity of the Commonwealth.
20. The legislature shall provide for the compensation of jurors.
MR. VAN WINKLE. I wish to offer the following:
RESOLVED, That the Committee on Printing, &c. enquire and report as to the propriety of employing a proper person to report, officially, the debates of the Convention, and the probable expense thereof, and of printing the same in book form.
MR. BROWN of Preston. I have a resolution to offer, Mr. President:
It was reported as follows and referred:
RESOLVED, That every white male citizen of the Commonwealth, who shall have attained the age of 21 years, and who shall have resided therein one year, and who shall have resided in the county in which he offers to vote ten days previous to his offering to vote, and who shall have previously paid the state or county tax with which he was assessed the previous year, shall be entitled to the right of suffrage in this Commonwealth.
MR. LAMB. It is very desirable that any propositions which members may have to submit to the different committees should be handed in at the earliest moment possible in order that they may receive consideration. If any gentlemen have propositions prepared I hope they will produce them this evening.
MR. STEVENSON of Wood. We are at a stand still for want of business, I move we adjourn.
The motion was agreed to, and the Convention adjourned till Friday at the usual hour.
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Chapter Eleven: First Constitutional Convention of West Virginia


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Candidates line up for Pakistan's historic poll
As Pakistan prepares for the first democratic transition in its 65 year history – with polls set for May 11 - for many in the country there's little to celebrate.
At the end of the five year term of the Pakistan People's Party-led government of Asif Ali Zardari, many are angry and demanding change.
Political analyst Hasan Askari Rizvi says many remain deeply disillusioned by five years of economic turmoil, chronic power shortages and the spiralling cost of living.
"I think the disillusionment has been because there was too much expectation," he said.
"Perhaps they thought that when the political government came to power, their economic problems would be solved, there'd be no energy problem, prices would be controlled, there'd be no terrorism.
"I think they were expecting too much."
And there's no lack of candidates casting themselves as the solution to Pakistan's economic woes.
Pervez Musharraf
Among them is former military ruler Pervez Musharraf, who returns to Pakistan after four years of self-imposed exile and under risk of arrest and death threats from the Pakistani Taliban.
"I have put my life in danger by coming back to Pakistan," he said.
"I was thinking that the government would call me back, and would say 'Save Pakistan' but that did not happen.
"Today my nation ordered me to come back [and] I came back, putting my life in danger, to save Pakistan."
The former military ruler had reportedly expected tens of thousands to greet him on his arrival home - but only hundreds did.
A later rally was cancelled due to security concerns, but only small numbers had been expected to turn up.
Pervez Musharraf may have presided over better economic times, but he's also remembered for suspending the constitution and ousting the Chief Justice of the Supreme Court.
Human rights groups accuse him of overseeing torture and disappearances during his nine-year rule.
Political analysts say in 2013, there's a yawning gap between his grand ambitions and his lacklustre support.
They say the country has moved on from his brand of autocratic military rule.
"I think Musharraf's time is over in the political domain," said Pakistan analyst Hasan Askari Rizvi .
"I think he overestimates his capacity...he has not realised the times have changed.
"He is no longer the army chief and president of Pakistan and he will have to compete with political forces, all of which are against him."
Imran Khan
If anyone's going to capitalise on the public mood, it's cricketer-turned-politician Imran Khan, who has emerged as the insurgent candidate in this election.
The polls have his party in third place - with big support among the young urban middle class who attend his rallies in the hundreds of thousands.
He's built his base by emphasising his religious faith and his vow to end US drone strikes in Pakistan.
He's also cast himself as the alternative for those who are sick of corruption and cronyism in the two major parties.
"The reason why we are in politics is to break the stranglehold of these two parties who have plundered this country, and time and time again taken turns in governing the country," he said.
"Never has change been brought to those people who have been responsible for this destruction."
But Hasan Askari Rizvi says Imran Khan's campaign is still in search of an identity.
"Because his own rhetoric, his own political discourse is highly religious, whereas his advisers are more pragmatic, not sharing that kind of strong religious disposition," he said.
"Then his public meetings have music and dancing to cater to the liberal and young people, so in a way he has something to offer to everybody and that's his strength as well as problem."
Nawaz Sharif
Imran Khan's guerilla campaign is causing headaches for the election frontrunner, former prime minister and head of the Pakistan Muslim League (N), Nawaz Sharif.
With Pakistan's first-past-the-post voting system, he can't afford for Khan supporters to cut into his own base.
Right now, the polls have the PML-N comfortably in the lead - with just over thirty per cent of the vote - ahead of the PPP but needing to form a coalition to take power.
Hasan Askari Rizvi says the dilemma is that PML-N is not expected to receive an absolute majority.
"If it cannot build a coalition, then it will stay out, and the experience suggests that the Muslim League leadership is very poor in building political partnerships with other political parties," he said.
However the election swings, Pakistan's most powerful political actor appears to be staying out of the way.
"The military is not expected to play any active political role in the present election," Hasan Askari Rizvi said.
"They adopted a non-partisan role even in 2008 under General Kayani, because the military's interests are not threatened whosoever comes to power."
Historic transition
It's an unusual state of affairs in a country that's seen four military dictatorships in its short history.
The PPP-led government has become the first to have served a full five-year term, and the transition to another civilian government - if all goes ahead as planned - will be a major milestone.
In a country where day to day life is so hard, and the people's faith in government is so fragile, Mr Rizvi says there are still huge challenges ahead.
"Pakistan has made major strides in the democratic domain," he said.
"However, when it comes to quality of democracy, when it comes to the substance of democracy, then unfortunately Pakistan is faltering."
"The political leadership will have to make an earnest effort to turn this procedural democracy into real and active democracy that wins over a large number of people who appears to be alienated from the political process."
Topics: elections, pakistan, asia
First posted


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Thursday, May 11, 2006
I've been out in Los Angeles this week attending "E3," the video game industry's annual trade show. It's the first time I've been able to attend the show and I am finding it very interesting. Indeed, as I walk the halls of the L.A. convention center and chat with gaming companies and gamers themselves, I am struck by several things:
(1) This is one heck of an innovative industry. There are some remarkably creative minds working in the electronic gaming sector. As a life-long gamer who was part of the "Pong" and "Pac-Man" generation, I am just flabbergasted by how much more highly developed games are today (in terms of graphics, narrative and gameplay) than they were 30 years ago when I first started gaming. There was a moment in my life when I thought that games just couldn't get much more sophisticated than Activision's "Pitfall" or Atari's "Adventure." What a fool I was! Some of the massive multi-player online roll-playing games ("MMORPGs") I saw at the show were just jaw-dropping in terms of their graphical detail and narrative sophistication. And all of the new high-definition titles for the X-Box 360 and PlayStation 3 are nothing short of stunning. Old favorites of mine like "Madden" football and "Gran Turismo" are now rendered in ultra-crisp 1080p HD resolution. There are moments during those games when you really think you're watching a live feed from a real football game or road race.
And even the games which featured a more simple premise were exciting. Consider "Table Tennis" by Rock Star Games. The same company that brought us the infamous "Grand Theft Auto" is now producing a decidedly less controversial title based on the classic game of Ping Pong! If you think it sounds silly, wait till you play it. It is addicting in a "Tetris-like" fashion. I hope they eventually make it for my PlayStation Portable!
Speaking of my PlayStation Portable... one of the coolest things I was able to do on the floor of the show was to directly upload games wirelessly onto my PSP from various Sony kiosks around the show. To demo new games, I just turned on my PSP's wi-fi sharing system, got within 15 feet of one of the Sony kiosks, and then called up numerous "channels" of video game content. The games uploaded directly to my PSP and I was playing them within seconds. Very, very cool.
And Nintendo's new "Wii" (pronounced "We") console features the most innovate game controller ever. It's a little wireless stick that you wave at the screen to move things around on the screen. You can use it to swing an imaginary golf club or baseball bat to hit balls on the screen. Or cast an imaginary fishing pole into the water. Just incredible.
I wish I could also mention all the cool computer and wireless hardware I saw at the show from other vendors, but it would take too long. But what I took away from this show was that all this innovation in the electronic gaming sector is helping to drive still more innovation in other sectors ranging from computers, processors, video displays, wireless devices, and various other electronic or computer devices and accessories. It wasn't surprising to me, therefore, when Electronic Software Association (ESA) President Doug Lowenstein noted in his "State of the Industry" opening address that a new study commissioned by the ESA reached similar conclusions. In "Video Games: Serious Business for America's Economy," economists Robert Crandall and Greg Sidak found that beyond the $10.3 billion in sales of video games in 2004, the video game industry stimulates an additional $7.7 billion in spending each year in the US, bringing the total economic impact of the game industry on the US economy alone to $18 billion. So this industry is now a major player in, and contributor to, our modern Digital Economy.
(2) The video game industry and Hollywood are rapidly converging. While I was walking through the aisles of the show, there were moments when I thought I was at a movie convention instead. These days, game and movie development are increasingly going hand-in-hand. Many movies and TV shows now become games ("Pirates of the Caribbean," "Superman Returns," "The DaVinci Code," "24: The Game," and yes, even "Desperate Housewives: The Game!") and some games are turned into major motion pictures ("Tomb Raider," "Doom," "Resident Evil," and "Silent Hill.")
In some cases, games are being used as movie sequels to continue plot lines first developed in famous movies. "Scarface" and "The Godfather" were two prominent examples at this year's show. Similarly, "The Matrix" and "Lord of the Rings" have spawned several game sequels. Likewise, "Stranglehold" is the video game sequel to director John Woo's famous 1992 action movie "Hard-Boiled." Actor Chow Yun Fat reprises his role from the movie in the video game. That's another sign of convergence: Many major Hollywood actors are now routinely "starring" in video games. Vin Diesel stars in a new game called "The Wheelman," and The Rock stars in "Spy Hunter." And even Paris Hilton (if you can call her an "actress") stars in a new video game. (I think I'll pass on that one).
So, Hollywood and the video game industry are really coming together. So much so that there was even a workshop held during the show called "When Media Giants Muscle In: Why the Game Industry Should Care About the Acquisition Appetite of News Corp., Viacom, and Others." (Seriously, I'm not making that title up). But I don't think the industry has anything to fear from movie and media studios getting more involved in this industry. It will just mean even more capital will start flowing in their direction.
(3) The gaming industry cares as much about intellectual property law and enforcement as Hollywood. A lot of people like to demonize the music and movie industries for taking steps to better protect their copyrights. But it's funny how no one ever talks about the importance of IP rights to the gaming industry. People certainly were talking about it at the show, however. In light of what I said above about the convergence of the movie and gaming sector, this really isn't surprising. There's an enormous amount of IP and licensing rights tied up in games today. Consequently, when hackers sell pirated games or "chip-mods" are made to consoles that allow pirated games to be played, it really can hurt game developers.
Todd Hollenshead, CEO and Co-Owner of id Software (makers of "Doom" and "Quake") really drove that point home while speaking on a panel entitled "Game Piracy: Latest Strategies to Protect Your Product." He noted that it was obviously impossible to stop all piracy (especially since many games are leaked by developers during production), but that catching the most egregious offenders was important to shore up the problem and send a message to others. But he and others noted that it's really becoming an uphill battle because the cracking tools are growing more sophisticated, the hackers are getting more aggressive, and distribution systems and networks are growing faster and more ubiquitously available. Offshore piracy was also an issue that panelists said they are struggling to address.
I also chatted with developers and attorneys with Sony, Nintendo, Activision, and other game companies who talked about how they have used the DMCA on occasion to try to deter "chip-modding" (console hacking) and some other activities. During the panel discussion, I got up and asked the speakers if they planned on being more aggressive in their use of the DMCA but didn't really get a clear answer. Some said they are already using it as needed, but others said even when they do use it do it doesn't help as much as they wished. Sony, for example, recently won a $6 million civil judgment against a chip-modder, but because the guy has no real assets, there's not really any way to enforce it effectively and recover damages.
Regardless, I think the video game sector is poised to become far more aggressive on the enforcement front to defend their copyrights. But it will be an uphill challenge. One possible solution that was discussed during the piracy panel was the idea of using more "CD key authentication / registration" techniques for consoles like users already do to register their legitimate copies of games and other software. But this would require that the consoles be connected to the Net, something that some gamers might not want to do.
(4) The debate over the impact of gaming on kids / society is only going to get more intense in coming years. I've been writing some papers this year about proposals to regulate video game content. There are dozens of measures pending at the federal, state and local level that would regulate the industry in one fashion or another.
The industry has won a string of solid First Amendment victories after challenging some of the major state and local enactments over the past five years. But that's not going to stop legislators from proposing more regulations. That's especially the case in light how much more life-like games are getting. I'm not going to get into all of this again right now, but there is no doubt in my mind that as gaming gets more and more like the "holideck" on Star Trek, legislators are really going to start turning up the regulatory heat. It's certainly going to keep First Amendment advocates like me busy for years to come!
(5) Gamers are normal people (for the most part!). There are a lot of misperceptions out there about gamers. Most generalizations you hear are way off base. Indeed, gamers are now as diverse as the American population itself. Back when I starting gaming over 30 years ago, it was mostly the province of geeky white kids like me who had a great deal of familiarity with pocket protectors and 20-sided dice! (Yes, it's true... I was Dungeons & Dragons nerd before I was an electronic gamer. I won't reveal the name of my ranger character because it would qualify me for the Dork Hall of Fame.)
Today, by contrast, I see all races, sexes, ages and cultures represented in the gaming community. And the vast majority of gamers strike me as very level-headed, well-adjusted and quite productive members of society. As a first generation gamer who is raising a couple of third-generation gamers, I think video games are on their way to becoming almost as commonplace and widely accepted in our society as music and movies. It's not just kid's stuff anymore.
posted by Adam Thierer @ 11:32 PM |
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Texas judge removes restraining order on Keystone XL
A Texas judge has dissolved a restraining order that would have prevented work on part of TransCanada's Keystone XL pipeline, a company spokesman said.
Nacogdoches County resident Michael Bishop had won the temporary restraining order on Friday after arguing that TransCanada had misrepresented the purpose of Keystone XL when negotiating an agreement to construct the pipeline through his land.
He argued that the material intended to move through Keystone XL from Canada was not crude oil occurring naturally as a liquid, but rather solid hydrocarbon bearing bitumen produced from oil sands and then heated and diluted to move through pipelines.
Although Nacogdoches County Court-at-Law Judge Jack Sinz approved the restraining order Friday, TransCanada said it did not learn of it until Wednesday.
The company aggressively worked to clear the hurdle in a hearing rushed onto the court schedule Thursday.
Sinz dissolved the temporary restraining order, but set a hearing for next Wednesday on the pipeline dispute, TransCanada spokesman David Dodson said.
Bishop, 64, is representing himself in the case and has gained the support of environmental activist group Tar Sands Blockade, which has backed protesters who have chained themselves to construction equipment, camped out in trees and stood in front of working crews to stop pipeline work.
In a statement from Tar Sands Blockade, Bishop, a retired chemist and Marine Corps veteran, said he didn't plan to "roll over and die" while facing off with TransCanada.
"I didn't pick this fight, but I refuse to sit idly by while a multinational corporation tramples my rights and that of other landowners all along Keystone XL's path in the name of deepening its profits," Bishop said.
After a lengthy dispute with TransCanada over work on his land, Bishop signed a settlement agreement with the company about three weeks ago and accepted a payment from the company, Dodson said. Bishop cashed the check and had agreed, as part of the agreement, to drop all legal claims against the company and not interfere with construction, Dodson said.
But Bishop insists that he was misled about the intended contents of the pipeline.
TransCanada considers diluted bitumen to be the same as heavy crude oil. Several Texas court rulings have agreed with the company, defining the substance as crude oil and giving TransCanada to move it, Dodson said.
Bud Bishop referenced a congressional document and an Internal Revenue Service definition distinguishing crude oil as a naturally occurring liquid, which bitumen is not.
Pipeline opponents also argue that the diluted bitumen is especially difficult to clean up when spilled, partly because it has heavier components that can sink in water, unlike most liquid crude oils that float and can be skimmed off the surface.
A 2010 spill of oil sands crude from Alberta into Michigan's Kalamazoo River has become the most expensive on-shore oil spill in U.S. history, resulting in a cleanup that has lasted more than two years and cost more than $800 million.
TransCanada argues that Keystone XL has had to meet dozens of additional standards that will make it the safest pipeline ever built. The company also says that oil sands crude is just as safe as any other heavy crude to move through pipelines.
Environmentalists also challenge that the substance is produced from oil sands in an especially dirty and environmentally damaging process. Oil companies have acknowledged as much and say they are working to clean up their oil sands crude production efforts.


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Welcome to the web site for Student Life. Santa Barbara City College is a place of
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A gratifying aspect of XC has been the contribution of sounds of poorly known species and regions to the collection by locals. The sounds of Sitta ledanti from Algeria are a point in case. It was only discovered in 1975 in an area of northern Algeria and is endemic to that country. It turns out Algerians like Karim Haddad, organised in AquaCirta, are working to safeguard the only forests that the birds live in: mount Babor, the forest of Guerrouche and the forests of Tamentout and Bouafroune, the latter two going without formal protection up to this day. Only last month they secured evidence of its occurrence at a fifth location, the Lerabaa forest of Ouadjana in Jijel province. Excellent.
Algerian Nuthatch Sitta ledanti
What is xeno-canto?
xeno-canto is a website dedicated to sharing bird sounds from all over the world. Whether you are a research scientist, a birder, or simply curious about a sound that you heard out your kitchen window, we invite you to listen, download, and explore the bird sound recordings in the collection.
But xeno-canto is more than just a collection of recordings. It is also a collaborative project. We invite you to share your own bird recordings, help identify mystery recordings, or share your expertise in the forums. Welcome!
Latest News
Sound recording phenomenon Peter Boesman (29000+ recordings on XC!!) describes two new species from Africa.
Excellent! Well done!!
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525+ recordists added 8.000+ recordings in May. Incredible. Thanks for sharing, everyone!
The XC dataset on GBIF has been updated. More than 2000 of you (fantastic number!) share about 343.000 recordings in their collection of thousands of biodiversity metadatasets. Thanks for sharing, everyone!
My heart fills with happyness after hear such a great news!!, Thank so much to all xenocanto users for sharing to the GBIF. This is placing xenocanto not only as one of the most extraordinary bird sound collections in the world, but also, as a essential template and tool for doing research, education and conservation; activities completely necessary to ensure the continued survival of the beautiful and unique birds of our planet!!....
1 replies :: Your reply
You all know James Bradley for his great recordings, mostly from East Africa. Now, he has reviewed and drastically improved the XC maps for over 250 species that occur in Kenya, Uganda, Rwanda, Burundi and Tanzania. As a little example, check out the map of Retz's Helmetshrike.
All kudos to James for this majestic effort! In the process, we have set up a way to handle batches of improved map cut-outs using some standards and guidelines.
We would love to do more similar projects, especially for other parts of Africa, as well as Asia. This is not for the faint-hearted: a deep knowledge of the birds of a country or region is required, as is some computer literacy, access to local literature, and a sense of biogeography. Any takers, please drop us a line at email@example.com.
Thanks for your kind words Rolf, and for the opportunity to contribute to these maps!
For those interested in checking out some updated East Africa distributions, maps edited include those for species classed as forest dependent birds of Kenya and Uganda (Bennun et al. 1996).
Would James Bradley, or anyone familiar with Africa, join a project to record birds in Egypt? There are (far as I can tell) NO recordings on x-c from Egypt, no recording of Hooded Wheatear anywhere in the world! We have 2 people in Egypt with equipment and ornithological skills, need expert help and expedition cost sharing. We might help x-c with maps. Leave contact info here or with x-c to begin conversation; email only.
there's a few recordings.... https://www.xeno-canto.org/explore?query=cnt%3Aegypt, but definitely under-recorded :-) as is most of North Africa
4 replies :: Your reply
Latest Additions
- XC483358: Eastern Whip-poor-will by Richard Folkening from United States
- XC483357: American Barn Owl by Manuel Grosselet from Mexico
- XC483356: Black Redstart by Grzegorz Lorek from Poland
- XC483355: Black Redstart by Grzegorz Lorek from Poland
- XC483354: Black Kite by Anon Torimi from Japan
- XC483353: Identity unknown by Nathan Pieplow from Mexico
- XC483352: Asian Stubtail by Anon Torimi from Japan
- XC483351: Willow Tit by Anon Torimi from Japan
- XC483350: Long-tailed Tit by Anon Torimi from Japan
- XC483349: Narcissus Flycatcher by Anon Torimi from Japan
- More...
Great work!
Latest Mysteries
- XC483353 by Nathan Pieplow from Mexico
- XC483331 by Bart Ducheyne from France
- XC483330 by Bart Ducheyne from France
- XC483296 by markbird from United States
- XC483295 by markbird from United States
- XC483294 by markbird from United States
- XC483293 by markbird from United States
- XC483264 by Phill P from United Kingdom
- XC483245 by Robbin van Dijk from Netherlands
- XC483200 by markbird from United States
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Latest Articles
- IOC updates december 2018 by Willem-Pier Vellinga
- Identification of some Brazilian elaenias by voice by Jeremy Minns
- Mimicry of Western Bonelli Warbler by the Common Redstart in Northern Europe by Jacques Comolet-Tirman
- IOC updates 23 July 2018 by Willem-Pier Vellinga
- New website using XC - Northern Birdsong by Stein Ø. Nilsen
- More...