dismissal date had passed (2) and she has no adequate remedy by appeal.
We conditionally grant Walker's petition for writ of mandamus.
fathers' parent-child relationship with the children.
parties agreed at argument, that the trial court had subsequently reset the trial for June 4, 2008.
S.W.3d 609, 612 (Tex. 2006); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004).
legal ruling. In re Tex. Dep't of Family & Protective Servs., 210 S.W.3d at 612.
court to dismiss the suit.
parent-child relationship or requests that the department be named conservator of the child.
date for dismissal of the suit under this subsection.
person, or the department as managing conservator of the child.
subchapter by agreement or otherwise.
all of the department's evidence, other than rebuttal evidence, at the trial on the merits.
words included in the statutes. Id.
Protective Servs., 210 S.W.3d at 612.
However, on August 28, 2007, the trial court granted Walker's timely-filed motion for new trial.
been had" and that "the court essentially wipes the slate clean and starts over"); Montemayor v.
render a final order before the required date for dismissal of the suit. See id.
TDFPS had "introduced all of [its] evidence, other than rebuttal evidence, at the trial on the merits,"
263.401(a). See Former Tex. Fam. Code Ann. § 263.402.
render a final order before the dismissal deadline, which passed in July 2007.
motion requesting the court to render a final order must be made before the deadline for dismissal.
other than rebuttal evidence, at the trial on the merits." See id.
her complaint known to the trial court to afford it an opportunity to avoid or correct error. Valdez v.
Valdez, 930 S.W.2d 725, 728 (Tex. App.--Houston [1st Dist.] 1996, no writ); see also Tex. R. App. P.
requesting the court to render a final order before the deadline for dismissal. See Former Tex. Fam.
requesting a trial court to render a final order unless the trial court was in a position to do so.
court that the deadline had passed prior to TDFPS's presentation of the evidence.
extend the deadlines set by the court under this subchapter by agreement or otherwise." See Tex.
requires trial courts, in these types of cases, to automatically consider whether to grant a new trial.
terminated, the mother informed the trial court that she wanted to appeal and wanted an attorney.
that granting it would not result in delay or otherwise injure TDFPS. Id. at 116 (citing Craddock v.
dismissal of the suit, or seek an additional 180-day extension of the deadline.
Id. at 116 (emphasis added) (citations omitted).
prescribed in section 263.401 are not modified by the granting of a new trial. (21) See id.
terminated or families reunified within twelve months." In re Ludwig, 150 S.W.3d 819, 822 (Tex.
that the trial court clearly abused its discretion in not dismissing TDFPS's suit against Walker.
another plain, adequate, and complete remedy." Id.
of mandamus" and, thus, they had an adequate appellate remedy. Id. at 614.
granted, the dismissal deadline, at the latest, would have expired in January 2008. See Tex. Fam.
24, 2004 and the trial court terminated the parental rights only a few days later on July 28, 2004.
210 S.W.3d at 611. Here, the dismissal deadline passed in July 2007, approximately one year ago.
may ripen is uncertain. See In re Tex. Dep't of Family & Protective Services, 210 S.W.3d at 614.
appeal to address the trial court's failure to dismiss TDFPS's suit to terminate her parental rights.
if the trial court does not comply.
Panel consists of Justices Taft, Jennings, and Bland.
En banc consideration was requested. See Tex. R. App. P. 41.2(c).
A majority of the en banc court voted to deny en banc consideration. See id.
Justice Keyes, dissenting from denial of en banc consideration. Dissenting opinion to follow.
In the Interest of W, No. 2006-06805J (314th District Court, Harris County, Tex.).
Tex. Fam. Code Ann. § 263.401 (Vernon Supp. 2007)).
not relators in this proceeding.
See Former Tex. Fam. Code Ann. § 263.401.
Tex. R. App. P. 43.6.
The dismissal deadlines in section 263.401 are procedural, not jurisdictional. See In re J.C.J., No.
05-05-01555-CV, 2006 WL 2348987, at *5 n.4 (Tex. App.--Dallas Aug. 15, 2006, no pet.) (mem.
. . . ." See Tex. Fam. Code Ann. § 263.401 (Vernon Supp. 2007).
new trial, would have provided the required "final order" within the prescribed time period. See Tex.
reporter or in writing, including on the court's docket sheet or by a separate written instrument.").
the statutory findings and other requirements necessary to grant the extension. See id.
the extended period would have expired, at the latest, in January 2008.
applying the current version of section 263.402(b), Walker's motion would still be timely.
Again, we note that we stayed the June 4, 2008 trial.
TDFPS does not explain why this mandate likely occurs outside the statutory deadline.
further deadlines after appellate review of such a final, appealable order. See id.
possession of Walker's children precludes the availability of mandamus relief in this case.
problem remains under the 2007 version.
the criteria of section 263.401(b).
department be named conservator of the child.
before the required date for dismissal of the suit under this subsection.
See Act of May 28, 1997, 75th Leg., R.S., ch. 600, § 17, 1997 Tex. Gen.
Gen. Laws 2395, 2396, amended by Act of May 29, 2005, 79th Leg., R.
§ 1.40, 2005 Tex. Gen. Laws 621, 636 [hereinafter FORMER TEX. FAM.
is no longer a requirement of the trial court’s retaining jurisdiction. TEX.
dismissed. . . .” Id. § 263.401(b).
were not timely ended as required by section 263.401(a).
on the court’s docket sheet or by a separate written instrument”); In re A.
order terminating Walker’s parental rights.
its final order or judgment with the least possible delay.
be combined with a motion for new trial.
for new trial within 20 days of the signing of a final decree).
Dist.] June 30, 2008, orig. proceeding).
Id. at 15–16 (citations omitted).
other than rebuttal evidence at the trial on the merits.
termination proceedings for failure to render a timely final order.
112 (Tex. 2006), and In the Interest of D.D.M., 116 S.W.3d 224 (Tex. App.
dismissal date without rendition of a final order.
plain language of section 263.401(b), it was invalid.” Id. at 231.
erred in not dismissing the proceedings. Id.
an order extending the trial court’s jurisdiction.
rights and naming DFPS the sole managing conservator of the children.
commenced, the case must be dismissed from the docket. See TEX.
seeking to compel the trial court to dismiss the case. Id.
version of the statute. See id.
commences. TEX. FAM. CODE ANN. § 263.402(b) (Vernon Supp. 2007).
Protective Services would not have been timely under the new version.
the court of appeals erred in granting mandamus relief. Id. at 613–14.
signedits judgment onAugust 13, 2004, after the dismissal date.
for seeking rendition of judgment, since rendition had already occurred.
In re Dep’t of Family and Protective Servs., 210 S.W.3d at 613.
without an accelerated motion for new trial. See FORMER TEX. FAM.
filing a notice of appeal, including filing a statement of points on appeal.
injure the plaintiff, CPS, or the children. 7 Id. at 114–17; see Craddock v.
injure CPS or the children. Id. at 115–16.
dismissal date and timely filed a statement of points on appeal.
jurisdiction was necessary or was sought.
terminated or families reunified within twelve months.’” In re Walker, No.
children affected by termination proceedings.
Keyes, dissenting from denial of en banc review.


text:
Member, 1977-1979 and Fifth Circuit Editor, 1978-1979, Cumberland Law Review. Member, Moot Court Board. Law Clerk to Hon. Orma R. Smith, U.S. District Judge for the Northern District of Mississippi, 1980-1981.
Colbert County and American Bar Associations; Alabama State Bar; Tennessee Bar Association; Association of Trial Lawyers of America.
Winecoff v. Compass Bank, 876 So.2d 1145 (Ala. Civ. App. 2003); Eagle Products, Inc. v Glasscock, 882 So.2d 280 (Ala. 2003); B.D.B. v. State Farm Mut. Auto. Ins. Co., 814 So.2d 877 (Ala. Civ. App., 2001); Ex parte McClanahan, 703 So.2d 973 (Ala. 1997); McCullar v. Universal Underwriters Life Ins. Co., 687 So.2d 156 (Ala. 1996); Ex parte South Carolina Ins. Co., 683 So.2d 987 (Ala. 1996); Smith v. Wallace, 681 So.2d 1034 (Ala. 1995); Renfro v. Georgia Power Co., 604 So.2d 408 (Ala. 1992); Hyde v. Humana Ins. Co., Inc., 598 So.2d 876 (Ala. 1992); Reynolds Metals Co. v. Mays, 547 So.2d 518 (Ala. 1989); J.C. Penney Co., Inc. v. Pigg, 544 So.2d 169 (Ala. Civ. App. 1989); Reynolds Metals Co. v. Mays, 516 So.2d 517 (Ala. 1987); Alabama Farm Bureau Mut. Cas. Ins. Co. v. Dyer, 454 So.2d 921 (Ala., 1984); Campbell v. Tri-Cities Newspapers Inc., 411 So.2d 109 (Ala. 1982).

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A forum selection clause is either permissive or mandatory: while a permissive clause merely authorizes jurisdiction in a designated forum and does not prohibit litigation elsewhere, mandatory clause dictates exclusive forum for litigation under contract. For a clause to be mandatory and thus restrict venue to the court specified in the agreement, the clause must contain language that clearly designates a forum as the exclusive one. If a plaintiff ignores a mandatory forum-selection clause and brings a lawsuit in a different venue, the existence of a mandatory clause almost always necessitates transfer to the proper forum selected by the parties.
However, where a forum selection clause is permissive, transfer is inappropriate if venue was proper where the case was originally brought. As mentioned above, the word “shall” in and of itself may not be enough to render a permissive venue provision mandatory. If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive.
To ensure that a contractual forum-selection clause is “mandatory,” parties are encouraged to use not only the word “shall” but also additional language of exclusivity. For example, “venue for any dispute arising under or in relation to this contract shall lie only in Orange County, Florida” is more likely to be considered mandatory and exclusive than the phrase described above.
 Glob. Satellite Commc’n Co. v. Starmill U.K. Ltd., 378 F.3d 1269 (11th Cir. 2004).
 Wai v. Rainbow Holdings, 315 F. Supp. 2d 1261, 1270 (S.D. Fla. 2004).
 Trafalgar Capital Specialized Inv. Fund (In Liquidation) v. Hartman, 878 F. Supp. 2d 1274, 1285 (S.D. Fla. 2012).
 Juaire v. T-Mobile W., LLC, CIV 12-1284 JB/KBM, 2013 WL 6504326, at *14 (D.N.M. 2013) (explaining that “permissive forum selection clauses authorize jurisdiction in a designated forum, but do not prohibit litigation elsewhere.”) (internal citations omitted).
 See, e.g., Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75, 76 (9th Cir. 1987) (finding venue clause permissive despite inclusion of the “mandatory term” “shall”); Heckler & Koch, Inc. v. German Sport Guns GmbH, 71 F. Supp. 3d 866, 900 (S.D. Ind. 2014) (“But the use of the word “shall” in forum-selection clauses is no shibboleth,” “[i]n the cases Defendants cite, the mandatory intent of the contractual language was evident not on the basis of a single word, but the totality of the parties’ statement”); Western Refining Yorktown, Inc. v. BP Corp. North America Inc., 618 F. Supp. 2d 513, 519 (E.D. Va. 2009) (finding that the following clause was construed to be permissive notwithstanding the use of the word “shall”: “Any action to enforce the terms hereof may be properly venued in, and shall be brought in, the federal or state courts located in Cook County in the State of Illinois on a nonexclusive basis.”).
 Montoya v. Fin. Fed. Credit, Inc., 872 F. Supp. 2d 1251 (D.N.M. 2012) (a forum-selection clause is mandatory, only when venue is specific with mandatory language; mandatory language is venue coupled with such terms as “exclusive,” “sole,” or “only.”); Air Ion Devices, Inc. v. Air Ion, Inc., No. C 02–1717 SI, 2002 WL 1482665, * 3 (N.D.Cal. July 5, 2002) (finding that because the contract contained a provision stating that the litigant “intends to subject itself to the jurisdiction of the courts of the State of California to this limited extent, and none other,” the venue provision indicating that any action “shall be brought” in a certain court was mandatory); Pioneer Life Ins. Co. v. Anderson, No. 88 C 20249, 1988 WL 143726, at *1, 1988 U.S. Dist. Lexis 15320, at *5 (N.D.Ill. Dec. 21, 1988) (finding the clause “Winnebago County, Illinois shall be the place of jurisdiction for service and legal purposes” permissive, noting that “the clause does not state that Illinois is the ‘exclusive’ place to bring a suit under the contract.”); Bowman v. Kona Univ., Inc., 119 Fair Empl. Prac. Cas. (BNA) 836 (“The language in Plaintiff’s contract is mandatory because it contains exclusive language that “any legal actions … shall be filed in the Hawaii judicial system only.”).
 Excell, Inc. v. Sterling Boiler & Mech., Inc., 106 F.3d 318, 321 (10th Cir. 1997).

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SOPER v. LAWRENCE BROS. CO.
[201 U.S. 359, 360] Messrs. William Frye White, Taber D. Bailey, and John B. Cotton for plaintiff in error.
[201 U.S. 359, 364] Messrs. Orville Dewey Baker and Amos K. Butler for defendant in error.
This is an action of trover for logs, brought by the plaintiff in error in the supreme judicial court of Maine. The defendant admitted carrying off the logs, but set up title to the land on which they were cut, one half in itself and one half in its licensors. At the trial the plaintiff proved a prima facie title to an undivided interest in the land. The defendant relied upon the Maine Public Laws of 1895, chap. 162, 1. With regard to that, the chief justice, presiding, instructed the jury that if the defendant and its licensors, respectively, had satisfied the conditions of 1, it was entitled to a verdict. A verdict was found for the defendant on that ground. The ruling was taken to the full court on exceptions and a motion for a new trial. At the argument there it was urged that the statute, if applicable to the plaintiff, was contrary to the 14th Amendment, and void. But the court, adverting to the question, decided the contrary, and the defendant had [201 U.S. 359, 366] judgment. 98 Me. 268, 99 Am. St. Rep. 397, 56 Atl. 908. The case then was brought to this court.
'Sec. 1. When the state has taxed wild land, and the state treasurer has deeded it, or part of it, for nonpayment of tax, by deed purporting to convey the interest of the state by forfeiture for such nonpayment, and his records show that the grantee, his heirs or assigns, has paid the state and county taxes thereon, or on his acres or interest therein, as stated in the deed, continuously for the twenty years subsequent to such deed; and when a person claims under a recorded deed describing wild lands taxed by the state, and the state treasurer's record shows that he has, by himself or by his predecessors under such deed, paid the state and county taxes thereon, or on his acres or interest therein, as stated in the deed, continuously for twenty years subsequent to recording such deed; and whenever, in either case, it appears that the person claiming under such a deed, and those under whom he claims, have, during such period, held such exclusive, peaceable, continuous, and adverse possession thereof as comports with the ordinary management of wild lands in Maine, and it further appears that during such period no former owner, or person claiming under him, has paid any such tax, or any assessment by the county commissioners, or done any other act indicative of ownership, no action shall be maintained by a former owner, or those claiming under him to recover such land, or to avoid such deed, unless commenced within said twenty years, or before January 1, 1900. Such payment shall give such grantee or person claiming as aforesaid, his heirs or assigns, a right of entry and seisin in the whole, or such part, in common and undivided, of the whole tract, as the deed states, or as the unmber of acres in the deed is to the number of acres assessed.
'Sec. 4: This act shall not apply to actions between cotenants, nor to actions now pending in court, nor to those commenced before January 1, 1900.' [201 U.S. 359, 367] The defendant and his licensors claimed under the second branch of the statute. They held under recorded warranty deeds describing wild lands taxed by the state, running back for more than twenty years, and, although it must be taken that the first deed of the series was executed by owners of a part interest only, that deed naturally was held by the state courts to be a repudiation of the tenancy in common and to lay a foundation for the working of the act. With that question we have nothing to do. The state treasurer's record showed that the defendant, its licensors, and those under whom they claim had paid the taxes thereon continuously down to the bringing of this suit. The same persons had held such exclusive, peaceable continuous, and adverse possession of the land as comports with the ordinary management of wild lands in Maine, and during the same period no former owner had paid any tax or done any other act indicative of ownership. These facts are admitted or must be assumed to be established by the verdict. This action was brought in 1902 for acts done from 1900 to 1902, after the time allowed by 4 had run. The question is whether the statute is constitutional as applied to such a case.
Before considering the construction of the statute we will deal with an objection which seems to be made to it, even if solely prospective, as we subsequently shall explain. Suppose that the law gives no effect whatever to acts done before its passage, still it is suggested that when it went into operation the plaintiff, but for its provision, would have been in constructive possession, and the statute purported at once to disseise him and to put him to an action to recover the land. But so far as the statute is prospective it merely enacts, subject to the qualification in 4, of which we shall speak in a moment, that certain acts, if done in the future, shall constitute a disseisin, and that the disseisin, if continued for the due time, shall ripen into title. The distinction between trespass and disseisin may be modified by statute as properly as it may be established by common law. Also statutes of limitation [201 U.S. 359, 368] may be passed where formerly there were none. So far as the 14th Amendment is concerned, there is nothing to hinder a state from enacting that in future the doing of such overt acts of ownership as are possible on wild land, under a recorded deed which shows that the actor claims title, coupled with payment of the taxes, the owner meantime not paying them, and doing no act indicative of ownership, shall constitute a disseisin, or that such disseisin, if continued long enough, shall bar an action for the land. We think it unnecessary to cite the state decisions on similar statutes, or to argue that proposition at greater length. See Leffingwell v. Warren, 2 Black, 599, 17 L. ed. 261.
The main argument for the plaintiff is that if, as was the fact, the defendant had maintained the statutory occupation for the twenty years before the passage of the act, the statute purported retrospectively to give it the title, or, if the statute did not go to that length, that at least it counted the fifteen years preceding the enactment with the five following it to January 1, 1900, in order to make up the twenty years required by 1, in any suit brought after that date. The former, more extreme suggestion, is answered by 4. By the words of that section the statute did not apply to actions brought before January 1, 1900. Therefore, if, but for the statute, the plaintiff would have had a constructive seisin and might have declared in trespass, he still had it during five years and might have declared in the same way.
The only matter requiring analysis is the question of the former owner's position after January 1, 1900, when the act applied. The action then required to be brought by the former owner is an action 'to recover such land, or to avoid such deed.' An action to recover the land presupposes that the former owner still is out by a continuance, up to the time when the suit is brought of the acts and omissions of the parties concerned respectively which are made to constitute a disseisin. The requirement that the statutory disseisin should continue until the action was brought is further shown by [201 U.S. 359, 369] the word 'said' in the phrase 'unless commenced within said twenty years,' to which 'or before January 1, 1900,' is the alternative. Said twenty years are the years during which the disseisor has been paying taxes and holding possession. If between 1895 and 1900 the former owner had been paying the taxes and doing acts indicative of ownership, he would be seised by the very terms of the statute. He would have no occasion to sue, and we hardly understand it to be suggested that he could be sued on the strength of a disseisin satisfying the statute during the twenty years before it was passed, but ending in 1895. If such a suggestion should be made, it would be disposed of by recalling again that for five years after the enactment, for purposes of suit, at least, he stood constructively seised by force of 4, whenever apart from the statute he would not have been disseised. Of course, therefore, he was not disseised retrospectively before the date of the act. It is still more absurd to suppose that the act meant that if he had paid the taxes and done acts of ownership, so that he was not merely constructively, but actually, seised during the five years, his title was to vanish when that time had elapsed.
The discussion is narrowed, then, to the consideration of an action begun, as this was, after January 1, 1900, when the defendant has held that statutory possession for the five years following the act and for fifteen years before. If the plaintiff had brought a real action instead of the present suit, he would have been barred if the statute is good. The plaintiff says that the counting of the fifteen years before the enactment makes the statute bad. But suppose that the statute had enacted simply that if the conditions of 1 should be maintained from the date of the act until January 1, 1900, and no action brought, the former owner should be barred, there can be no question that it would have been valid. It was not and could not be argued that a statute of limitations allowing nearly five years would be unreasonably short. Turner v. New York, 168 U.S. 90 , 42 L. ed. 392, 18 Sup. Ct. Rep. 38; Terry v. Anderson, 95 U.S. 628 , 24 L. ed. 365. [201 U.S. 359, 370] But, if such a statute would be constitutional, the requirement of a continuance of similar conditions for a time before the statute long enough to make twenty continuous years when taken with the five years following it was a pure advantage to the plaintiff, a further condition which did him only good. It was not argued that the statute was invalid because a less time was allowed to persons in the plaintiff's position than to those whose twenty years should begin to run after the statute went into effect. Similar provisions are common and seem to have been before the court in Terry v. Anderson and Turner v. New York, supra, and in Koshkonong v. Burton, 104 U.S. 668 , 26 L. ed. 886.
Some objection was made to the effect given to a tax deed in the first part of the section. But that is not before us. We see nothing to indicate an intent to go beyond the law. Marx v. Hanthorn, 148 U.S. 172 , 37 L. ed. 410, 13 Sup. Ct. Rep. 508. As to the possibility that the taxes may have been assessed unlawfully or the recorded deed under which the defendant claims forged, it is admitted that such matters might be proved. As they are public facts, give color to the overt acts done upon the land, and must be accompanied by a necessarily conscious omission of the plaintiff to pay taxes or do any acts of ownership, we see nothing to hinder the legislature making them sufficient, prima facie, at least, to set the statute running and to put the former owners to a suit.
The act, as we construe it, does not infringe the 14th Amendment. We understand our construction to agree with that adopted by the supreme judicial court of the state. That court says of the statute: 'It is not only not retrospective, but it is distinctly made prospective only in its operation, and the reasonable period of five years after the date of the enactment is allowed, during which all controversies respecting such titles might be adjusted according to 'the principles and the nature of those facts by means of which those titles had existed' before the passage of the act.' [98 Me. 282, 99 Am. St. Rep. 407, 56 Atl. 912.] Of course, if the statute, as construed by the state court, is constitutional, we follow its [201 U.S. 359, 371] construction. Tampa Waterworks Co. v. Tampa, 199 U.S. 241, 243 , 50 S. L. ed . --, 26 Sup. Ct. Rep. 23. We have made some little analysis of the words simply because the state court went into no detail.

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Peter C. John is a named partner of Williams Montgomery & John. Mr. John, together with Barry Montgomery, is co-chair of the firm's commercial litigation practice. He focuses his commercial litigation practice on contract disputes, commercial product failures, class action defense, attorney malpractice and construction litigation. Mr. John is a past president and currently serves on the Board of Trustees of the International Academy of Trial Lawyers and a Fellow of both the American College of Trial Lawyers and the International Society of Barristers. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability.
Mr. John is widely recognized as an outstanding trial attorney in major litigation matters. He has been listed in Best Lawyers in America for commercial litigation since 1995 and also is listed for Bet-the-Company litigation, intellectual property law and insurance law. He has extensive jury trial, bench trial and arbitration experience for major commercial disputes over the last 30 years. He has tried cases involving a variety of claims, including breach of contract, construction claims, and legal malpractice.
As examples of results Mr. John as achieved for his clients, he won a decision of "not guilty" for Siemens Westinghouse in the three-and-a-half-year arbitration in Washington, D.C. of a construction lawsuit brought by Athens Generating involving claims for tens of millions of dollars. On behalf of ConocoPhillips, he obtained a $4.7 million jury verdict in a property damage case after a two-week jury trial. In another significant jury trial, he successfully prosecuted a breach of contract case on behalf of client WINFertility. Mr. John also defeated a $7 million construction delay claim against Siemens, and reached a favorable negligible settlement for American Hotel Register in a bench trial involving damages claims of $3.2 million. In addition, Mr. John proved economic coercion in a construction dispute and recovered $64 million in damages for his client.
Mr. John has a rich history and deep roots in the Chicago legal community. He began his career in 1966 as an associate at Isham Lincoln & Beale, where he later was made a partner. In 1979, he left Isham and became a name partner at Phelan, Pope & John, where he practiced for 15 years before joining Hedlund Hanley & John. Mr. John joined Williams Montgomery & John in 2000. Throughout his career, his victories for clients in major litigation have secured his reputation as a leading trial lawyer.
Mr. John defended an insurer in a $123 million claim for failure to provide a complete defense to asbestos claims. A three-month jury trial resulted in 11 special verdicts, all in favor of the defendant insurer.
Mr. John received a B.A. in 1963 from Cornell University in Ithaca, N.Y. He received his J.D. in 1966 from Villanova University School of Law, where he was an editorial board member of the Villanova Law Review.
In addition, Mr. John has been admitted pro hac vice in 14 state and federal courts throughout the country.
Mr. John is a past president and currently serves on the Board of Trustees of the exclusive, peer-selected International Academy of Trial Lawyers, an association limited to the 500 top lawyers in the United States and top 100 international lawyers. He also is a fellow of both the American College of Trial Lawyers and International Society of Barristers. In addition, he served for nine years on the Illinois Supreme Court's Committee on Civil Jury Instructions.
He has also been active in the community with organizations such as the Better Boys Foundation, Indian Law Resource Center and Alzheimer's Association.
Over the course of his career, Mr. John has written articles and lectured on numerous trial lawyer issues.
Have You Ever Thought About Admitting Liability?
Expert Witnesses - Assistance for the Trier of Fact or Star Wars in the Courtroom?
Chapter on "Cross-Examination and Jury Ego"
Chapter on "Trial Techniques in Attorney Malpractice Cases"
Chapter on "Professional Liability Insurance"
Successfully resolved lawsuit against client Siemens Westinghouse alleging economic coercion and seeking to void a contract involving power plants in China. After six-month arbitration, settled damages issues on confidential basis.
Represented defendant in claim for legal malpractice in the defense of plaintiff's insureds. Defendant counterclaimed for $1.5 million in fees owed by plaintiff. Case resolved in mediation.
ConocoPhillips v. Level 3 Communications, et al.
Won $4.7 million jury verdict on behalf of ConocoPhillips in property damage case. Jury found negligence, trespass and nuisance against the defendant after a two-week trial.
Private Arbitration, Kansas City, Mo.
Action involving patent rights in Japan and Europe.
Marc Cohen, et al. v. Blockbuster Entertainment, et al.
Represented Blockbuster in a $90 million purported class action involving late fee claims by video renters and buyers. Appealed trial court certification twice resulting in the trial court's certifications being overturned. Trial court eventually decertified class.
Siemens Westinghouse Power Corp. v. The Shaw Group, Inc. and Stone & Webster, Inc.
Won summary judgment for Siemens, defeating $7 million claim for liquidated damages based on the alleged delay in delivering a turbine to a power plant in Cordova, Ill.
Tishel v. Shell Oil Company, et al.
Chancery Division (2001): Secured dismissal of class action against client Phillips Petroleum Company related to high gasoline prices in Illinois during the spring of 2000.
Trinova v. LOF Glass, et al.
Won jury verdict for Trinova in breach of contract lawsuit related to the acquisition of LOF Glass by Pilkington Holdings of England. LOF refused to pay large tax liability. Jury awarded Trinova $6 million in additional taxes plus interest and attorneys' fees totaling $10 million.
UNR v. Continental, et al.
Successfully defended an insurer of UNR in $123 million claim for failure to provide complete defense to asbestos claims. UNR claimed it was forced into bankruptcy by its insurers' actions. Three-month jury trial resulted in 11 special verdicts, all in favor of defendant insurer.
Obtained a favorable settlement on behalf of American Hotel Register in a $3.2 million breach of contract suit brought by Utility Resource Management. Confidential minimal settlement was reached prior to closing arguments in a bench trial.
Obtained dismissal of national class action product liability lawsuit against 3M concerning the sale of furnace filters.
WINFertility, Inc. v. IntegraMed, Inc.
Won jury verdict for client WINFertility in breach of contract claim against IntegraMed. After a three-week trial, jury found IntegraMed breached a five-year contract after one year, but found no breach by WINFertility.
Represented Zurich American in class action in Louisiana involving workers' compensation bill review.
Defended Commercial Union Insurance Co. in claim for coverage for asbestos litigation. Lost at trial. Decision resulted in creation of "triple trigger" theory of coverage in asbestos litigation.
Represent Zurich Services Corporation, a bill review company, as national counsel defending national and state class actions claiming improper reduction of medical bills. Tennessee class action successfully resolved through motion practice; Illinois class action successfully resolved; obtained exclusion from Oklahoma class action.

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26 U.S.C. § 6050I, large cash reporting requirements for trades & businesses (including attorneys).
26 U.S.C. § 7201, most commonly applied tax evasion statute (however requires proof of a tax liability).
26 U.S.C. § 7203, failure to file a timely tax return.
26 U.S.C. § 7206 (1), perjury on a return / false statements, (unlike 26 U.S.C. § 7201, proof of a tax liability is unnecessary).
26 U.S.C. § 7206 (2), perjury on a return / false statements, but primarily used against tax return preparers such as accountants and attorneys.
18 U.S.C. § 371, conspiracy to commit offense / defraud the United States.
18 U.S.C. § 1001, false statements made to the federal government (can apply to any material verbal or written statement, even if unsworn).
18 U.S.C. § 1956, money laundering.
18 U.S.C. § 1957, money laundering involving property derived from specified unlawful activity.
18 U.S.C. § 1961, Racketeer Influenced & Corrupt Organizations (“RICO”).
31 U.S.C. § 5324, structuring bank deposits.


- r THE SEJO30A COUNTY JOURNAL, WEDNESDAY, APRIL 12, 1899. ^ Seneca County Journal SE N E C A F A L L S .'N . Y. The best AdTertisinftlledium In the Count7 DEKKO! DEKKO! DEKKO! It is now time to think of buying a KodaR or Camera for the summer campaign. We have just received a fresh lot of East man’ Kodaks and Cameras and of other makes. We are the agents for Eastmans goods in this vicinity but we sell any that is made. We carry a large stock of Photograph Supplies, such as Printing Papers, Frames, Plates, Flash Light Powders, Films, of any size for amateur photography. Call in and look at samples of Eastman’s N e w “ D e k k o P a p e r ” It beats the old fashioned glazed paper. Central Drug Store, - 75 Fall St. Most anybody can see a robin these Coal ashes make very good einder Remember the Catholic Fair next Memorial Day will fall on Tuesday this year. Very few have commenced making gardens yet. It will soon be time to oil np the lawn mower. The ice is out of the lake but the ice water is there yet. The early bird catches cold this year instead of the worm. ing” but it ought to be “almost here” by this time. The Ladies of the Maccabees gave a very pleasant dancing party in Pythian hall last Tliursday evening. Early home grown vegetables will come late this season. There has been no chance to plant anything yet. The poor pedestrians will have to dodge bicycles for another six or seven months or else walk in the road. Tlie members of the Shakespeare Society were entertained last evening at the home of Mrs. Charles 'Wesicott. The annual convention of the Central New York Firemens Association will be held at Ithaca August 1st, 2d and 3d. At the close of business April 5th, the deposits in the Exchange National bank of this village amounted to $458,- 356 02, _ _ _ _ _ When you have property for sale or rent an advertisement in the Journal will help you. The cost is less than a cent a word. Magees Corners Grange will have a social and entertainment in the Grai hall next Tuesday evening, April II All are invited. ______ A. S. Pollard has been appointed by the board of education to prepare the school tax roll for the current year at a salary of §25. ably upon village charter, and then says send for copies of the amendi order to know what it is! There found wisdom for yon!—Keveill T h e J ouknal said nothing of the kind but a strict regard for the truth has never been a'strong point with our esteemed contemporary. A surprise party was given to Mr. and Mrs. Fred Boardman last Saturday evening at their home on Troy street about thirty of their friends and ighbors. A musical program which consisted of vocal and instrumental music was a part of the evening enter tainment which was followed by games and a very choice supper. The evening pleasantly spent and all felt that they had been hospitably entertained. The property of the Seneca Light and Power Company of this village, was sold at public auction last Satur day morning at the Hoag house, under a foreclosure action brought by the Old Colony Trust Co. Frederick L. Mann ing of Waterloo conducted the sale and the plant was bid in by Mr. Van Voast of Sclmectady, for tho sum of $10,000 He represented the General Electric company, wliich control a majority of tho bonds. The usual Friday evening service will be held in Trinity church tliis week. The Sunday evening service will be held at 7 ;30 v. m . There will be a meeting o f the ladies who are to take charge of the Kosary table at the Catholic fair, at the Paro chial school house this evening. A select dancing party was given by the young people of Cayuga street Saturday evening in Pythian hall. Prof. De Mott furnished the music. The announcement of the approach ing marriage of James Crelly, of Ba tavia. to Miss Mary Crane, was made in St. Patrick’s church Sunday morning. Miss Harriet G. Slauson will have an opening of spring and summer mil linery to.day, at her rooms in the Part ridge block. All are cordially invited. A very enjoyable dancing party ■ Vedi lay evening under the direction of Mrs. Walter Gregory and Mrs. Wm. Rupert. m in Odd Fellows hall last Wednes- At the regular communication of Pocahontas lodge No. 211, F. and A. M., held in their rooms last evening, the third degree was conferred on five candidates. Charles Bastian, the infant son of Mr. and Mrs. Bastiau of Fayette, died Saturday ol bronchitis, and was buried Monday afternoon at one o’clock, in the Canoga cemetery. The Woman’s Relief Corps netted the sum of $95.55 as their share of the proceeds, from the production of the play “Vermont” last week. The un dertaking was a success. The brook trout season opens April 16th which falls on Sunday this year and in consequence Monday April 17th itwill be legal to catch these wary denizens of the forest streams. ing Post, a daily paper which was started in this village during the month of December last, ceased to exist as a newspaper with its issue Sat urday last. The paper was edited by J. C. Banks and its columns were given up chiefly to advertising, which its pro jector was very successful in securing. Uniform examinations for teachers certificates of the second and third ■ade w ill be held by School Commis- liursday and il 13th and The Women’s Auxiliary of the fifth Friday of this week, April 13th 14th. liary o district holds its annual meeting in St. Pauls church, Waterloo, to-day. The morning service is at 11:30 A, M. Collation for the delegates at the rectory at 1. p. M. and afternoon session with addresses and reports at 2 o’clock. Clean out your cellar and see that no vegetables are left there to decay when the warm weather comes. Every cellar should be thoroughly looked over and aired out at this season of the year. Lime also should be used in abundance as it is very cleansing and destroys all noxious germs. T he fuknitdre and instruments in the Western Union Telegraph office at Little Falls were sold Saturday on a levy for state and county taxes amounting to $70. The company ro und that it was exorbitant. The proceeds of the sale were $ 12. ______ A resolution has been passed by the town board of health requiring milk dealers to discontinue the present sys tem of using milk tickets over and over again and after the 1st of May tickets only be iisetj once. The board also instructed the clerk to notify all milk dealers of the action taken. The Seneca and Ontario ministers’ association met in the Y. M. C. A. rooms at Geneva, Monday morning. The theme for discussion was “The Effect of Organization on the Religious Life of the Church.” The principal addresses were given by Rev. W. W. Weller and J. B. llubbs, of Geneva. The public schools opened Monday morning for the spring term and the scholars will soon be looking forwartl with joyful anticipation to commence ment and the long summer vacation. The back down of the Courier last week from its forraeir position of scold ing the board of trustees for loaning the Stone crusher to the town of Fayelte was very amusing. They evidently have so ranch editorial talent in that office and it is of such a mixed kind they are obliged to allow each one to air himself as he sees lit. is playing at the opera house this week is an excellent theatrical troupe. Mr. William B. Patton of the company is a son of the late Rev. Dr. Pattc Rochester. Mr. Patton wrote the plays “A Minister’s Son” and “Royal Bags”, which were played Monday and Tues day nights. The company will be here all the week and so far tb large and appreciative au( ludienoo T he J ournal comments very favo the new amendment to the id then says it w ill The Western Fireman of Chicago, says: “The Seneca Falls, N. Y., tax meeting has voted to give up the ser vices of firemen for the village steam ers by cutting down tho appropriation from $120 to $60. It was also decided to dispense with the hook and ladder company organized when the Bailey Hose Company withdrew. This action is likeiy to seriously cripple the fire de partment, and may lead the insurance companies to interfere.” The editor of the Reveille was very warm in his denunciation of the pro ceedings of the board of trustees at their last meeting. He no doubt has forgotten the disgraceful proceedings of the board of education a few years ago, when he, in conjunction with the Courier editor, bargained away the super in tendency of the village schools. The proceedings at that time were of such a disgraceful nature that the Reveille refrained from printing them. At the recent examinations for first grade teachers certificates held in Wa terloo, Albert G. Odell, son of Mr. and Mrs. F. P. Odell, of this village, tried the papers in fifteen different subjects, occupying only fourteen hours in all. Saturday he received a telegram in forming him that he had passed suc cessfully in every subject he tried and that a first grade certificate would be awarded him. This is a record for the young man to be proud of. He is a graduate of Mynderse academy. The village xit>licemen should pro ceed to enforce the ordinance against fast riding on tho sidewalks. Many riders go along at the rate of from twelve to fifteen miles an hour, ringing their bells to warn foot passengers to get out of the way, and it often requires great activity to prevent being run down and possibly severely injured. Most wheelmen are careful of the rights of pedestrians but there are a few who think they own the walks and they should be taught a much needed lesson. The Livingston Republican says that seven wild swans have for a -week or two been feeding on Conesus lake. They came from the south and their like has not been seen on the lake in the lory of the oldest inhabitant. The beautiful birds are described as of pure white plumage, large and grcaceful. It was difficult to get near enough to the birds to watch them while feeding but by patient watching. Deputy Game Protector Reed and Charles Miles of Canandaigua managed to get a good sight of them. The occasional use of a disinfectant, such as carbolic acid, chloride o f lime or copper as in a sink drain or other sewer pipe leading from the house is a wise precaution and it may ward of fihe at tacks of disease. No matter how much water is run through a sewer its -walls become coated with a slimy deposit in which diseasease germserms may be lemdibeadily 1 dise g may be r igatedga and reach the interior of the propa dwelling use of disinfectants will reduce the danger from this source to a minimum. through a defective trap or leaky joints in the pipes. The proj D. M. Kellogg was severely injured Wednesday afternoon at his livery barn fate street by being thrown f lart. With John; Robinson he been exercising a young horse whicli they were training and as they drove into the barn the animal became fright ened and before it could be controlled had thrown the two men ont, wrecked the cart and knocked the large sliding door in the rear from its rollers to the ground. Mr. Robinson was unhurt but Mr. Kellogg received a bad cut on his head and was otherwise braised and shaken up. The play of “Royal Rags” at John son opera bouse last evening by the Macauley, Patton company was excep tionally good. Mr. Patton in the part of a much married man was all right. He has certainly not missed his calling and comes as near being a second Sol Smith Russell as any actor we have ever had the pleasure of seeing. The troupe is composed of talented actors and there is not a lame one amongst them. They will present “A Struggle for Gold” to-night and if the theatre goers of Seneca Falls wish to be well entertained they should not fail to attend. The company will play the entire week at the opera house. very large and appreciative andi- attended the open meeting of the iciety given in their ling. A fine pro marks by George J. Winkle and Pat- McKeon. A recitation rick little A Father Mathew So( rooms Sunday ;ram had been arranged by the mem- wuich included an address by the president. Rev. Father Dwyer Miss Marie Ryan was nicMy delivered and pleased the audience. Miss Alice McGraw also played ai piano solo which i greatly appreniated. The solos by Charles S. McBride, James T. McGuire and Fred Curry were well rendered, and added much to the pleasure of tho evening. The whole program was a rare treat to the hearers and all felt well pleased. Sidepath Commissioners, unty Judge Richardson yesterday inted seven sidepath commissioners for Seneca county under the new bicy cle sidepath law which requires that appoii iqulres representation on the board he given as nearly as possible in proportion to the number of bicyclists in the different lo calities. They are Charles W . Mac Nish of Ovid, Thomas McGovern and Thomas W . Pollard of Seneca Falls and George Denniston, Herman F. Brehm and John 11. Bowers of AVater- loo. A synopsis of the law under which the commissioners wore.appoint ed may be found in another column. The Catholic Fair. ments for the Catholic fair have done everything in their power to make it the most successful in the history of the church. It -will open in Johnson opera house next Monday and continue every evening thronghout the week. The merchants of the village and the citizens generally have been unsually nerouB in the donation of articles to ofiered for sale and prizes and the interest is so great that it is doubtful whether the hall' will be large enough to hold the crowds which are sure to attend. A pleasing entertainment will ttered each evening from the stage and everything possible will be done to please those who are fortunate enough to be present. Appomattox Day. The surrender of General Lee’s army at Appomattox, which occurred April 9th, 1865, thirty-fonr years ago, thus ending the long struggle which begun with the attack on Fort Su ropter, was fittingly observed by Cross Post No. 78 G. A. E ., Monday evening. A number Of invited guests were present at the Gmtehious and all thoroughly enjoyed the admirable program which had been laid out. The meeting was opened by prayer by the chaplain. Thrilling personal experiences of army life were then related by Comrades Bailey, Goet- chions, Jacoby and others, interspersed by appropriate and well chosen remarks from ex-Judge Wilcoxen, Editor Sto- well of the Reveille, and Attorney Charles 0. Johnson. Dr. Elias Lester was also present and gave a most inter esting description o f his recent trip to San Juan and Ponce in Porto Bico and Santiago in the island of Cnba. At Ponce he met Moses Zalinski, formerly of this village, who was acting as lartermaster in charge of the stores at point. From Santiago, in company with Lieutenant Andrews, a trip was made to San Juan hill and over the famous battle groundl. The story was well told and his descriptions of the places he visited very graphic. The literary exercises were followed by coffee and sandwiches which were serv ed on tin dishes and cups and eaten with a relish which sieemed almost like camp life. After the luncheon, cigars were passed and a pleasant hour spent in social chat before the gathering The idea of substituting reminiscences of the members quarte personal reminiscences of the members of the post for regular set speeches was a good one and they added greatly to the pleasure of the evening. Peraoflila —Dr. Gould was home from Albany over Sunday. —Miss Winifred Badgley visited in Farmer last week. —A. G. Golder spent Sunday in town with his family. —Peter Doran, of Willard, visited in this village last week. —Frank Bauer was in Utica visiting his parents over Sunday. —Miss Nellie AVoods has entered the employ of Perd Isenman. Frank Freeman of Syracuse called on friends in town Monday. —R. Butler of Clinton street has re turned home from Ghittenango. — Frank Cruise returned home yes terday from a trip to New York. —John J. Costello of Cananadaigua, called on friends in town Monday. — Charles Hawley returned yesterday to bis studies at Hamilton College. —Miss Mildred AVessell has been visiting friends in Utica andAVaterville. —Mrs. E. il. Rumsey and Mrs. C. L. StoryStory were« in New York last week. w . Mr. Harding of Utica is the uest of Dr. F. M. Severson for a few Northampton, to her school duties —Chris Ahrens of Cincinnati is visiting with his son Fred on State street. —F. M. Schaffer has moved into the house on the corner of Fall and Ramsay streets. ■Mrs. Bliss of Union Springs, visit ed at J. Shoemaker’s on Cayuga street, last week. ■Charles Rogers and Norman Beck er have returned to their school duties at Manlius. —Mrs. H. L. Hadley and Mrs. J. C. Banks returned home yesterday from New York. -bliss Mae Norton has been home from the Brockport normal school for a few days- ■Dr- Elias Lester returned last week from a very pleasant trip to Cuba and Porto Rico. •William Maier, who has a position in the assembly at Albany, was home Sunday. ■Rev. and Mrs. A. AV^. Taylor now the Congregational parsonage :e street. —Dr. J. H. Sahler will move his dental parlors to the rooms over Ken yon’s hat store. — MissRheiia AA’ickes has returned from a visit with friends and relatives in Little York. •Solomon Sisco has returned from Colorado and reentered the employ of DeArcy Bui-ritt. -Austin Flanagan left Monday morning for Auburn, where he has secured a position. •Miss Carrie Menges of MacDorlj has been visiting her sister Mrs, Travis in this village. —Announcement is made of the en gagement of Mr. Edouard L. Guion and Miss Carrie AVatling. —Miss Cora Edwards, who is attend ing the Brockport Normal school is home for a few days visit. —Mrs. Adelbert S. Davis and son, John C. Davis, have gone to Florida for a visit of several weeks. —Sidney Calhoun Hull, who has len spending several days in New York, returned home Monday. cDorlgall rs, Lewis —Leroy W., and Charles Yawger, have returned to their studies at Ham ilton and Union colleges respectively. -D istrict Attorney Moran has moved into the Emery house on Troy street, formerly occupied by Rev. A. W. Tay- —C. H. Ashley and grandson, John C. McGuire, returned Monday from a weeks visit in New York and Passiac, N. J. —Miss Bessie Blodgett returned to Pittsford Saturday evening to resume her duties as teacher in the Pittsford schools, -M iss Ella Wickeswill succeed Miss Carrie AVatling as librarian in the public library. Miss AA^atling having resigned the position. —Miss Laura Gay returned to Medina Saturday evening, where she has a position as teacher in the schools of that village. — Leroy J. Emery of this village has accepted a position as organist and choir master of the pro-cathedral at Springfield, 111. —Mr. and Mrs. Seymour Longcoy of Cazenovia, who have been visiting friends in town, returned to their home yesterday morning. —Miss Julia Somers, who has been Hiding a few weeks at her home in s village, has returned where she teaches school. spending a this Village has returned to Kendaia, ■Rev, A. C. Clarke of St. John’s school Manlius, who has been a guest of his brother Rev. W. B. Clarke, re turned home Monday morning. >rge Holroyd of AVati N. y . was in town )unty, 1 t Mrs. Eavis’ —George Holroyd IS in town yesterday attending ng of the board of directors of the American Fire Engine Company. —Mrs. James Davis and daughter Miss Anna Davis, were in Bath, Steuben last week, attending the funeral D sister-in-law, Mrs. James J. C. Banks has accepted a position with Shipman’s Uncle Tom’s Cabin Company, as press agent. He will join the company at Syracuse about —Charles Bach and Miss Nellie Lewis were united in marriage Monday evening, at the home of James Bach on Green street. Rev. H. Grant Person officiating. —J. P. Gaynor of Auburn, has been appointed local representative of the Metropolitan Life Insurance Company, and has opened an office in the Part- ridge block. —Mr. and Mrs. Peter Yawger and Mr. and Mrs. George Yawger of Union Springs, were guests at the home of Mr. and Mrs, T. J. Yawger on Cayuga street last week. —F. H. Stowell, for the past season manager of tiie Johnson opera house has accepted a position with James T. Shipman’s mammoth Uncle Tom’s Cab in Company in the capacity of general contracting agent. He will leave town It Of ] city Monday —Mate Henry C. Fuller has been placed on the retired list of the United States Navy after a service of thirty- eight years and returned to Seneca Falls to live. He has taken rooms the Stanton house. —^Rev. H. Grant Person and wife re turned Wednesday from Saratoga, where they have been staying for the past four months. Mr. .Person’s health is greatly improved. —Miss Alice Bocker and Miss Edith Holmes have been chosen as delegate and proxy respectively to represent the Presbyterian Y. P. S. C. E at the national convention of the society which will be held at Detroit, Mich., July 5th to lOth. —Harold AVhite, employed in the drafting department of the Goulds Mfg. Co., resigned his position Satur day, and has accepted a position with the General Electric company of Sche nectady. He left for that city M morning. The Charter Amendment. AA’e publish in another column the amendment to the village charter as it originally passed the legislature and as it has since been amended in accordance with Governor Roosevelt’s suggestion. As first introduced it made five trustees a quorum and also gave to five mem ■ bers of the board the power to over ride the president’s veto. But two words were changed from the reading of our time honored village charter which our esteemed contemporary the Rev- ille upholds or scolds as suits its politi cal convenience. These words may be found in brackets in the bill as publish ed. When the bill was recalled by the senate from the Governor for further amendment this part of the section in question was stricken out and section 87 of the laws of 1897 known as the “General Village Law” was substituted in its place. This is the exact status of the charter amendment which is so foolishly denounced as unwise special legislation. The General Village Law was carefully prepared by the statutory revision commission and was intended to supersede as far as possible the num erous special acts under wliicli so many villages are governed. It was care fully framed, with a full knowledge of the weak points of previous measures and is looked upon as a model law. Its passage through the legislature was 3d by both parties and since its adoption more than one Jialf of the villages of the state have come under its provisions. The need of a charter amendment here has been amply de monstrated by the eflorts of the min ority to usurp control of the village gov ernment under a charter which does not strictly define the relative powers and riglits of Jhe president and trustees. Its adoption will put an end to the pres ent dispute and it should be followed by the necessary steps to secure tho adoption of the General A’’illage Law as Charter Amendments. icli case the matter in brachots is new. § 1 me us in the present charter with the ex* )f the changes indicated.] Introduced by MR. WILCOX—read twice, and ordered printed, and when printed to be committed to tbe com mittee on affairs of villages. Section 1. Section one of title three of chapter two hundred and eighteen of the laws of eighteen hundred and seventy-four, entitled “An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls in the county of Seneca,” is hereby amended so as to read as follows: lard of trustees of said consist of the president shall each take § 1 The boai village shall co and eight trus oath of office, before any perse lorized to administer oaths within idd shall,all, uponon filingng such village, an sh up fili oath with the village clerk, enter upon discharge of their duties. The shall hold stated mee each month, and i least once in i the business The ”f a ‘n l-cSl it shall presi >ard of trustee vote when- corporatie require. The president shall at all meetings of the board and shall give the casting ever there shall be a tie in me vot the trustees. At their second meeti in each year, the trustees shall elect of their number to be chairman of board of trustees of the village for the ensuing year, who, in case of the ab sence of the president of the village, or in bis inability to act, shall during ■ ■ ' 3uce or inability, exercise all the and duties of the president of age, and shall be entitled to vote on all questions. In the absence of the president of the village and of the chairman of the board, the trustees may elect one of their number to preside pro tem, who shall also be entitled to vote on all questions. No ordinance or resolution of said village shall take effect unless approved in writing by tlie president of the village, unless, on the ayes and noes being called after the refusal of the presidei same, [fii its favor £ the president to approve the ive] six trustees shall vote in :. Special meetings of the loard o f trustees may be called by the (resident of the village, or by the president of the village, or by the trustees of any ward, on notice to the president and each of tbe other trustees. One trustee from each ward, with the president, or [five] six trustees, shall constitute a quorum to do business. All such meetings, both slated and special, shall be held at such place as the board of trustees shall, by by-law, appoint, and shall at all times be public and open to any taxable inhabitant of this corporation, except at such times as the board may have under con sideration the appointment, nomination or removal of any village officer or removal imber of fire department snbjei removal by said board, and at such times it may exclude every person but le clerk from its session. as the board of trustees law, appoint, and shall i public and open to any taut of this corporation, times ai consideration the appointment, ination or removal of any villag § 2. This act shall take effect im mediately. Introduced by MR. WILCOX—read twice, and ordered printed, and when printed to be committed to the com mittee on affairs of villages—reported favorably from said committee, com mitted to the committee of the whole, ordered to a third reading, passed March first—transmitted to the As sembly and returned with a message that they had concurred in the pas sage of the same—forwarded to the Governor, recalled by concurrent resolution, vote by which bill was passed, reconsidered—bill amended ordered reprinted as amended and restored to its place in the order of third reading. Section 1. Section one o f title three of chapter two hundred and eighteen of the laws of eighteen hundred and seventy-four, entitled “ An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls In the county of Seneca,” is hereby mended so as read as folios § 1. The board of trustees of said village shall consist of the president and eight trustees, who sha!] each take the oath of ofiice, before any person author ized to administer oaths within said village, and shall, upon filing such oath with the village clerk, enter upon the discharge of their duties. The trui shall hold stated meetings at least in each month, and as often as the busi ness of the corporation may require. [The president shall preside at all meet ings of the board ot trustee.s, and shall have a vote upon all matters and quest ions coming before the board.] At their second meeting, in each year, tho trustees shall elect one of their number to be chairman of tbe board of trustees of the village for the ensuing year, who, in case of the absence of the president of tbe village, or in his inability to act, shall during his ab sence or inability, exercise all the powers and duties of the president of the village, and shall be entitled to vote on all questions. In tbe absence of tbe president of the village and of the chairman of the board, the trustees may elect one of their number to preside titled t pro tem, who shall also be entl vote on all questions. Special of the board of trustee! cafled le by the presid by the trustees ies of any ward, to the president and each of the trustees. [A majority of the board shall constitute a quorum for the transaction of business, but a less num ber may adjourn and compel the at tendance of absent members. AA’hen- ever required by a member of the board, the vote upon any question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes. The board may determine _ any peace officer residing witliin the village to arrest such absent member and take him before the board of trustees to answer for bis neglect. A copy of the resolution certified by the clerk of the village shall be sufficient •ity to any peace officer residing village to arrest such absent member and bring him befoi board.] All suchch meetings,etings, bothoth nd special, shall be held at su me b statec I special, shall be held at such plac< :he board of trustees shall, by ’ taxable inhabi- irporation, except at such the board may have under ipointmeut, nom- ■ iny village offi- flre department ard,rt and cer or membt subject to removal by said boa ' such times it may exclude every person but the clerk from its session. § 2. This act shall take effect im- Obituary. THOMAS COSTELLO died suddenly Monday evening at his home on Bayard street of pneumonia and heart disease. He was a shoemaker by trade and fifty four years of age. He was a member of Cross Post G. A. 11. and served during the war in Company G 126 regiment N. Y. V^. A widow survives him. Funeral service will be held this afternoon at 2 o’clock at the home Rev. AV^ni. B. Clark officiating. MRS. HARRIET REACH, widow of the late Thompson Beach, died last Thursday evening at the Iiome of her son, AA^m. T. Beach, on the lake road, of bronchial consumption, aged ly seventy-one years. Her health had been delicate for over forty years. She was a quiet, unassuming woman, caring little for society and her atten tion and interests were wholly centered in her family circle. She dearly loved her home where she had resided since her marriage, forty-nine years ago. She leaves one son, Wm. T. Beach and two grandsons, AVm. Harrison and Chester Alexander, besides a balf- brotlier, Wm. Moore, of AVaterloo. The funeral services were held Satur day afternoon, Rev. H. Grant Person officiating. FRANCIS A. NELSON, An aged and well known resident of Seneca Falls, died Sunday afternoon at 1 age of eighty-four years. He had in in feeble health for some time and about three weeks ago he f e ll and frac tured his hip, his system receivii shock from which he never recovi vas born in Massachusetts in 1816, and was a carriage maker by trade. In his business dealings he had always been honest and upright and he was in all respects a good citizen fulfilling his duties as he saw them and ever mind ful of the rights of his fellow men and nis obligations to them. During his long life he enjoyed the confidence and respect of his neighbors and friends in a marked degree. He is survived by two sons, Augustus M., and George W . Nelson, also by two daughters. Mrs. AVliitford, of Seneca Falls and Mrs. Reed of Kansas City. The fu neral service was held yesterday after noon at his late home on Bayard street, Rev. H. Grant Person officiating, with interment in Restvale cemetery. appoint five or seven persons who constitute a board of sidepath commiss- The Sidepath Law. The new “ Sidepath Law” which recently received Governor Roosevelt’s signature provides that, in each county of the state except Monroe and Albany where sidepath laws are already in force, the county judge upon the peti tion of fifty resident wheelmen may persons who shall loners for such county and whose terms, if seven be appointed, shall bo as foll ows two to serve one year, two to serve two years and one each to serve three, four and five years. Vacancies either by expiration of term or otherwise are to be filled by the county judge and the term of office of commissioners is fixed at five years. They are to serve without compensation and their neces sary expenses in carrying out the pro visions of the law are to be paid out of the. sidepath fund. The board of sidepath commissioners is authorized to construct and maintain sidepaths not less than three nor more than six feet wide along any public road of the county outside the limits of incorporated cities and villages upon the written approval of the highway commissioner or supervisor of the town in which the path is to be built, and the consent of the persons owning the abutt- lands is also required. No path to be commenced until action has been taken by the board. For the pur pose of defraying the expenses of con structing paths the commissioners are empowered to adopt each year a form of license to consist of an inscription, emblem, badge or device suitable to be ing 1 been lawfully appointed by a board of supervisors or a county judge, and such license shall be valid for the use of the person so pur.'basing till a sidepath commission is organized in the county where such person resides or for the calendar year for which it is issued and no longer. No person shall ride a bicycle on any sidepath in any county of this state where a sidepath commission has been or at any time liereaiter may be appointed, unless a valid bicycle license is attached or affix ed to the left side of the front fork, or m tlie lower tube of the frame with- inches from the head so that the license device will show on the left side of the lower tube, of such bicycle. The law requires the deposit of the license fees thus collected with the county treasurer and the commissioners are authorized to draw warrants on the fund thus created for the repair and building of bicycle paths in the county. Provision is also made for the protect ion of the sidepaths and authority given the board of commissioners to remove overhanging limbs of trees and to perform many other functions consis tent with the purpose of the act. affixed to a bicycle and to be known as a bicycle sidepath license. Any rider or person upon the pay ment of a fee, to be determined by the commissioners, of not less than fifty cents or more than one dollar, shall be entitled to receive such license, which shall be good during the calendar year for which it is issued, aud no longer. Every such license to be valid must be is issued, aud no longt ivery a ssued by the commissioners of the county wherein the bicyclist resides, except that any bicyclist who resides in another state or in some e of this state where there is no sidepat secure a license in commission, may i any county where a sidepath com- mission has upon t Waterloo. A. H. Porter and family have moved to Auburn. Architect M. L VanKirk is making plans for the new barn at the county house. Town Clerk Fred M. Pratt has re ceived notice of his appointment as a itary public. The Women’s Relief Corps will have a dime social aud card party at G. A. R. hall, Thursday evening. The Ladies’ Aid Society of the Bap tist church, met on Thursday afternoon with Miss Betts on AA^est AA’illiams street. The members of Tyler J. Snyder Post, G. A. R., observed Appomattox day by a camp fire in their hall last evening. George D. Hulburt has resigned as secretary of Russell Hose Company and W. D. Toombs lias been elected to fill the vacancy. The last will of James Redmond, late of AA’^aterloo, has been admitted to pro bate and letters testamentary granted to Thomas Redmond, of this village.H An explosion of coal gas broke a stove at the dwelling of Frank Anthony AVediiesday last. Fortunately no live coals were scattered about by the ex plosion. Harvey AA’ilmer Kelly, grandson of Mrs. II. II. Kelly, died Tuesday morn ing of gastric fever, aged about four Funeral Thursday at 4 p. m. Ill the residenee. The village of Groton in Tompkins lunty, recently appropriated $10,D00 r the erection of a village building. Architect M. L. VanKirk of AVaterloo, has been employed to draft plans for the same. The village assessors have completed their work and left a copy of tho assess ment roll at the residence of Augustus Probasco. They will meet at the trus tees rooms Saturday, April 15tli, to hear grievances. Edward Shearston, of Lockport, N. y., has leased the brick mill in South Waterloo and opened it Monday. He comes well recommended and has had iventy-eight years experience in the filling business. Jeremiah Ryan, aged forty years, (lied at his homo in this village last Tuesday night. He is survived by bis wife and four young children. Fuiitral services were held Friday morniug at St. Mary’s church. Leonard Georges and wife of S'm Francisco, Cal., were guests of Mr. Mrs. Lambert Goodman at the Towsley house last week. Mrs. Georges is a niece of Mrs. Goodman and with her husband is on her way to Europe. AVilliam M. Tate died of bronchitis at his home in this village Wednesday night after a brief illness. Deceased seventy-eight years of age and is survived by two sons and four daugh ters. The funeral was held Saturday afternoon at 2 o’clock from his late residence. Deputy Collector Me Arthur anounees the following internal revenue tax re ceived during the month of March: it stamps” purchased by Columbia ling company, $43,446.15: cigar stamps, §198; tobacco stamps, §48.45; documentary stamps, $165 80; total, $43,858 40. The following are the prize speakei’s chosen to take part in the annual prize speaking contest of the Waterloo high school which will occur early in May: Misses Mattie E. Reynolds, Minnie Bur gess, Anna E. Logan and Emma B. Parsons and Messrs. William F. Strang, George M. Hooper, William H. Dun ham and M- Allan Johnson. A reception, supper and dance is to be given by Waterloo Tent and Water- ights and Ladies of the Maccabees, Monday, May 1st. Supper will be served at their new hall, over Garrison’s store, from five to eight o’clock. Supper tickets, 25 cents. The dance will be held at the Academy of Music, from 8:30 p . m ., to 3 a . m ., good music being in attendance. A fire occurred in this village Mon. day by which the Alfred S. Allen resi dence on Virginia street was badly damaged, both by the flames and the water used to exuinguish them. The fire was started by Miss May Allen, who in walking about her room stepped upon a parlor match, a portion of which flew into a curtain causing a lively blaze. The building and its contents were fully insured. The ministrel entertainment given by the choir boys of St. Paul’s church Save Labor, Money and Health. Ontario AVhite washes easier, makes clothes whiter and goes farther than any other soap. Best and cheapest, be sides being absolutely safe to use and that is more than can bo said, with truth, of many brands of soap. Miss Harriet G. Slauson will have an opening of spring and summer millinery to day at her rooms in the Partridge hck. All are cordially invited. School supplies of all kinds at Clias. H. Knight’s. The “Pan-American” Express. The New York Central will put on, early in May, the New York-Buffalo •Pan-American” Express, leaving each city every evening at 8.00, and arrivivg at the other, each morning, at 7 :30. The train, superbly equipped, will have sleeping cars for Niagara Falls,Buffalo, Rochester and Syracuse, and, incident ally, will “boom” the Pan-American Exposition at Buffalo, performing, in that respect, as well as for the patrons of the road, by night, the unsurpassed service which the Empire State Express performs by day. to grea last Friday evening was a success in every particular and gave great pleasure to the large audience present. The members of the choir and Mr. Mosher under whose direction the entertainment was given are entitled to great credit for their careful work. It was one of the best purely local performances ever sent for Sheriff A. G. Clark to come and arrest Burns who was alleged to be Intoxicated and ordering every one out of the house. AVhen Sheriff Clark arrived and attempted to arrest him Burns began to abuse him and raising scalp. The Sheriff secured a warrant given in AVaterloo. On AVednesday the family of Stephen Burns, the proprietor of Congress Hall, a stove poker dealt him two heai blows on the head, laying open id returning for his man found him waiting for the train for Auburn. He scuffle however, and landed him in jail. Burns was brought before Police Jus tice Belles Thursday afternoon and sentenced to six months in the M. C. P., at Rochester.—AVaterloo Democrat. For Rent The store in the Noroott block on State street, now occupied by Geo. Archer as a meat market, w ill be for rent after March 20tb. The Rush for Ladies’ Bicycle Skirts is enormous. Unless your order for cloth is in the first of the week you are obliged to wait. 500 styles. The women hardest to please, come to N unnold ' s . 32 Last Week. Thirty-two is what we were obliged to turn out last week. Suits made to order. AVe had to disappoint some but hope that this week we will be able to supply all the $15 tailor made suits. Tbe suits at $3.75 made to order is what caused the rush at N unnold ’ s . Choice line of cigars at Charles H, Knight’s. T h e H a r d e s t M a n to Please is the man we are looking for in our tailoring departm e n t a t N unnold ’ s . Free fashion sheets for May at Chas. H. Knight’s. The Masses’ Store. Working men’s prices, Union made clothing. Boys’ suits, $1 35; all wool men’s suits $3 98. Boys’ cameras given away at N unnold ’ s . New stationery at Charles H. Knights, loo Boys Wanted to carry away cameras free with $2.50 suit ana up at N hnnold ’ s . Patent medicines at Charles H. Knight’s. A Well Dressed Man who has one of our nobby Sxjring Over- cont at $12; another well dressed with §12 Blue Serge suit. We are selling iotj of them at $12. They say others charge $15. A t N unnold ’ s . Are You Going to Buy a Wheel ? The “ E c lipse,” with the “ Automatic” Coaster and Brake, will give you better satisfaction than any wheel on the market. R. S. G anodno , Agent. Call and see them. Don’t forget if you use Putnam Fade less Dyes you don’t have to send for a package for wool and one for cotton. Each package colors all fibers. Sold by George B. Davis. SQranam Lincoln said : “You can fool part of the people all of the t im e ; you can fool all the people part of the time, but you can’t fool all o f the people all of the tim e.” A.M.Shepard GroceryMD Has a fine line of Groceries and such articles as are usually found in firstclass grocrey stores and most obliging clerks. You can send your children or come yourself, and all orders will be promptly and carefully attended to. He solicits a share of your patronage.


§ 190-3 Definitions and word usage.
§ 190-4 Open storage of vehicles; accumulation of parts.
§ 190-5 Notice to terminate open storage.
§ 190-6 Permit application; fee.
§ 190-7 Removal of junk vehicles by village.
§ 190-8 Penalties for offenses.
This chapter shall be known as the "Junk Vehicle Law of the Village of Owego."
In recognition of the fact that a healthy, wholesome and attractive environment is important to the inhabitants of the Village of Owego and that the safeguarding of their material rights is essential to the continued health of the economy of the village and its general welfare; further recognizing that the unrestrained accumulation of motor vehicles and parts thereof, except in a permitted and orderly manner, is a hazard to the health, safety, welfare and comfort of the citizens of the Village of Owego, this chapter is enacted.
Constitute a blight on the neighborhood and the Village of Owego.
Are replete with dangerous materials, including broken glass, gasoline, battery acid, lubricating fluids, sharp and torn edges and points.
Are an attractive nuisance to children.
Tend to depreciate not only the property on which they reside but also those properties in the neighborhood and the Village of Owego generally.
Tend to be breeding grounds for rodents and insects and promote uncontrolled growth of noxious weeds.
As used in this chapter, the term "shall" is mandatory, the term "may" is permissive, and the term "will" is discretionary.
An appeal to the Zoning Board of Appeals for a special use permit.
Constitutes parts in accumulation of any heretofore mentioned vehicles in open storage, unless storage is in a completely enclosed structure built in accordance with the Village of Owego's Code and the Uniform Code of the State of New York (9 NYCRR) and such material is completely out of view from neighboring property, public or private.
The Code Enforcement Officer, police officer, Superintendent of Public Works, whosoever shall be deemed by the Board of Trustees as the enforcement official for this chapter.
A written notice from the local administration or Police Department that a violation exists.
Storage other than in a completely enclosed structure, constructed in accordance with Chapter 195, Zoning, and the Uniform Code of the State of New York (9 NYCRR).
A permit for occupancy of a premises for the purpose of repairing motor vehicles as a business.
A permit issued by the local administrator for the purpose of allowing a vehicle to be stored for a period of time not exceeding one year.
Open storage of a junk vehicle is not permitted on public or private property within the village except as provided in § 195-38. Notwithstanding any other provisions herein, only one junk vehicle per property is permitted by a vehicle storage permit.
The accumulation of junk vehicle parts is not permitted on public or private property within the village without a permit, except as provided in § 195-38.
The village may give written notice to the owner of a junk vehicle or junk vehicle parts or to the owner or tenant of any property on which a junk vehicle or junk vehicle parts are openly stored. The notice shall be given by first-class mail to the property owner or by personal service by the local administrator or police. Failing personal notice or notice by mail, if the owner's or tenant's whereabouts is unknown, written notice may be placed on the junk vehicle or junk vehicle parts in a conspicuous manner.
Notices shall direct the person so served to terminate the open storage of junk vehicles or junk vehicle parts within 10 days.
If the person so served contends that said vehicle is not a junk vehicle, he/she shall notify the local administrator or police, in writing, and request inspection of said vehicle.
It is presently in condition for its intended use.
Parts have not been removed for resale.
He/she holds a permit pursuant to § 190-6 for that vehicle.
Application for permit. Upon written application and a fee in an amount set forth from time to time by resolution of the Board of Trustees, the local administrator or Police Department may initially issue a permit for the open storage of a vehicle for a period of nine months, and thereafter only one renewal for an additional period of one year, provided that only one permit for one vehicle may be issued for any single property as defined on the Tax Map of the Village of Owego.
Editor's Note: The current fee schedule is located in Ch. A199, Fees.
Properties that are contiguous and held by the same owner are, for the purpose of this chapter, considered as one property.
The permit application shall describe the vehicle and the location where it will be stored.
The vehicle storage permit may be renewed only once for an additional period of one year upon payment of the fee set forth in the village's Schedule of Fees, unless the applicant can provide evidence that the vehicle has been registered within a one-year period of the original date of the issuance of a storage permit.
No further written notice is required from the local administrator or police before proceeding with further legal action where permits have expired.
No vehicle, except for licensed and registered vehicles, can be stored in front of the principal structure.
If after 10 days' written notice or the expiration of a permit junk vehicles or junk vehicle parts remain in violation of this chapter, the village or representatives of the village shall have the right to enter, remove and dispose of such vehicles.
Neither the village nor any person acting on behalf of the village shall be liable to any person for the disposal or destruction of such junk vehicles.
A violation of this chapter shall be punishable by a fine of up to $250 per violation or imprisonment of up to 15 days, or both.
A violation of this chapter shall also subject the violator to the cost to the village for service of notices, inspections, removal, towing charges, storage or holding fees and disposal costs actually incurred, whichever is greater.
Each week of continued violation shall constitute a separate violation without additional notice.
The local administrator or Police Department, whichever the Village Board shall designate, shall make reasonable rulings, issue reasonable regulations and develop policy in furtherance of and consistent with this chapter.
Automobile junkyards permitted under § 195-38.
Automobile repair garages licensed under the provisions of New York State law, which, in zoning districts where required, a special use permit is in effect pursuant to § 195-33.
Retail outlets for new and used cars; provided, however, that used cars are in operational condition and the retail business is licensed under the Department of Motor Vehicles in the State of New York.


text:
v. Department of Human Resources et al., No. 5:01-CV-247-4 (DF) (U.S.
v. McCraney, et al. CAFN 1:03-CV-2795-BBM (U.S.
v. Reed, et al. CAFN 1:04-CV-0838-JEC (U.S.
v. Jim Lea CAFN 2:04-CV-0070-RWS (U.S.
Division, etc. et al. CAFN 1:05-CV-0684-WSD (U.S.
claims; Judgment entered for all Defs.
P. Elliott v. Colditz Trucking Company, Forsyth County, Georgia Dept.
Blair v. McCollum, et al. CAFN1:06-cv-03145-BBM (U.S.
States of America, ex rel. Lewis, et al., v. Walker, et al. CAFN No. 3:06-cv-16-CDL (U.S.
Cases are listed in case number order. Case numbers generally indicate the year of filing.

matches: v. v. v. v. v. v.


Today the Court affirms the holding of the Court of Appeals that public school teachers can offer remedial instruction to disadvantaged students who attend religious schools "only if such instruction . . . [is] afforded at a neutral site off the premises of the religious school." 739 F.2d 48, 64 (CA2 1984). This holding rests on the theory, enunciated in Part V of the Court's opinion in Meek v. Pittenger, 421 U.S. 349, 367-373 (1975), that public school teachers who set foot on parochial school premises are likely to bring religion into their classes, and that the supervision necessary to prevent religious teaching would unduly entangle church and state. Even if this theory were valid in the abstract, it cannot validly be applied to New York City's 19-year-old Title I program. The Court greatly exaggerates the degree of supervision necessary to prevent public school teachers from inculcating religion, and thereby demonstrates the flaws of a test that condemns benign cooperation between church and state. I would uphold Congress' efforts to afford remedial instruction to disadvantaged schoolchildren in both public and parochial schools.
As in Wallace v. Jaffree, 472 U.S. 38 (1985), and Thornton v. Caldor, Inc., 472 U.S. 703"]472 U.S. 703 (1985), the Court in this litigation adheres to the three-part Establishment Clause [p422] test enunciated in 472 U.S. 703 (1985), the Court in this litigation adheres to the three-part Establishment Clause [p422] test enunciated in Lemon v. Kurtzman, 403 U.S. 602, 612-613 (1971). To survive the Lemon test, a statute must have both a secular legislative purpose and a principal or primary effect that neither advances nor inhibits religion. Under Lemon and its progeny, direct state aid to parochial schools that has the purpose or effect of furthering the religious mission of the schools is unconstitutional. I agree with that principle. According to the Court, however, the New York City Title I program is defective not because of any improper purpose or effect, but rather because it fails the third part of the Lemon test: the Title I program allegedly fosters excessive government entanglement with religion. I disagree with the Court's analysis of entanglement, and I question the utility of entanglement as a separate Establishment Clause standard in most cases. Before discussing entanglement, however, it is worthwhile to explore the purpose and effect of the New York City Title I program in greater depth than does the majority opinion.
The purpose of Title I is to provide special educational assistance to disadvantaged children who would not otherwise receive it. Congress recognized that poor academic performance by disadvantaged children is part of the cycle of poverty. S.Rep. No. 146, 89th Cong., 1st Sess., 4 (1965). Congress sought to break the cycle by providing classes in remedial reading, mathematics, and English to disadvantaged children in parochial as well as public schools, for public schools enjoy no monopoly on education in low-income areas. Wheeler v. Barrera, 417 U.S. 402, 405-406 (1974). See 20 U.S.C. §§ 2740(a), 3806(a). Congress permitted remedial instruction by public school teachers on parochial school premises only if such instruction is "not normally provided by the nonpublic school" and would "contribute particularly to meeting the special educational needs of educationally deprived children." S.Rep. No. 146, supra, at 12. See 34 CFR § 200.73 (1984) (Department of Education regulations implementing Title I and precluding instruction on parochial [p423] school premises except where necessary and where such instruction is not normally provided by the school).
After reviewing the text of the statute and its legislative history, the District Court concluded that Title I serves a secular purpose of aiding needy children regardless of where they attend school. App. to Juris. Statement in No. 84-238, p. 56a, incorporating findings of the District Court in National Coalition for Public Education and Religious Liberty v. Harris, 489 F.Supp. 1248, 1258 (SDNY 1980) (PEARL). The Court of Appeals did not dispute this finding, and no party in this Court contends that the purpose of the statute or of the New York City Title I program is to advance or endorse religion. Indeed, the record demonstrates that New York City public school teachers offer Title I classes on the premises of parochial schools solely because alternative means to reach the disadvantaged parochial school students — such as instruction for parochial school students at the nearest public school, either after or during regular school hours — were unsuccessful. PEARL, supra, at 1255. As the Court of Appeals acknowledged, New York City "could reasonably have regarded [Title I instruction on parochial school premises] as the most effective way to carry out the purposes of the Act." 739 F.2d at 49. Whether one looks to the face of the statute or to its implementation, the Title I program is undeniably animated by a legitimate secular purpose.
state-paid instructors, influenced by the pervasively sectarian nature of the religious schools in which they work, may [p424] subtly or overtly indoctrinate the students in particular religious tenets at public expense.
state-provided instruction in the religious school buildings threatens to convey a message of state support for religion to students and to the general public.
the programs in effect subsidize the religious functions of the parochial schools by taking over a substantial portion of their responsibility for teaching secular subjects.
Ante at 397. While addressing the effect of the Grand Rapids program at such length, the Court overlooks the effect of Title I in New York City.
New York City has been providing Title I services in nonpublic schools for fourteen years. The evidence presented in this action includes: extensive background information on Title I; an in-depth description of New York City's program; a detailed review of Title I rules and regulations and the ways in which they are enforced; and the testimony and affidavits of federal officials, state officers, school administrators, Title I teachers and supervisors, and parents of children receiving Title I services. The evidence establishes that the result feared in other cases has not materialized in the City's Title I program. The presumption — that the "religious mission" will be advanced by providing educational services on parochial school premises — is not supported by the facts of this case.
Common sense suggests a plausible explanation for this unblemished record. New York City's public Title I instructors are professional educators who can and do follow instructions not to inculcate religion in their classes. They are unlikely to be influenced by the sectarian nature of the parochial schools where they teach, not only because they are carefully supervised by public officials, but also because the vast majority of them visit several different schools each week, and are not of the same religion as their parochial students. [*] In light of the ample record, an objective observer of the implementation of the Title I program in New York City would hardly view it as endorsing the tenets of the participating parochial schools. To the contrary, the actual and perceived effect of the program is precisely the effect intended by Congress: impoverished schoolchildren are being helped to overcome learning deficits, improving their test scores, and receiving a significant boost in their struggle to obtain both a thorough education and the opportunities that flow from it.
Even if we were to assume that Title I remedial classes in New York City may have duplicated to some extent instruction parochial schools would have offered in the absence of Title I, the Court's delineation of this third type of effect proscribed by the Establishment Clause would be seriously flawed. Our Establishment Clause decisions have not barred remedial assistance to parochial school children, but rather remedial assistance on the premises of the parochial school. Under Wolman v. Walter, 433 U.S. 229, 244-248 (1977), the New York City classes prohibited by the Court today would have survived Establishment Clause scrutiny if they had been offered in a neutral setting off the property of the private school. Yet it is difficult to understand why a remedial reading class offered on parochial school premises is any more likely to supplant the secular course offerings of the parochial school than the same class offered in a portable classroom next door to the school. Unless Wolman was wrongly decided, the defect in the Title I program cannot lie in the risk that it will supplant secular course offerings.
on the good faith and professionalism of the secular teachers and counselors functioning in church-related schools to ensure that a strictly nonideological posture is maintained.
Because "a teacher remains a teacher," the Court stated, there remains a risk that teachers will intertwine religious doctrine with secular instruction. The continuing state surveillance necessary to prevent this from occurring would produce undue entanglement of church and state. Id. at 370-372. The Court's opinion in Meek further asserted that public instruction on parochial school premises creates a serious risk of divisive political conflict over the issue of aid to religion. Ibid. Meek's analysis of entanglement was reaffirmed in Wolman two Terms later.
The Court concludes that this degree of supervision of public school employees by other public school employees constitutes excessive entanglement of church and state. I cannot agree. The supervision that occurs in New York City's Title I program does not differ significantly from the supervision any public school teacher receives, regardless of the location of the classroom. JUSTICE POWELL suggests that the required supervision is extensive because the State must be [p429] certain that public school teachers do not inculcate religion. Ante at 415. That reasoning would require us to close our public schools, for there is always some chance that a public school teacher will bring religion into the classroom, regardless of its location. See Wallace v. Jaffree, 472 U.S. at 44-45, n. 23. Even if I remained confident of the usefulness of entanglement as an Establishment Clause test, I would conclude that New York City's efforts to prevent religious indoctrination in Title I classes have been adequate, and have not caused excessive institutional entanglement of church and state.
The Court's reliance on the potential for political divisiveness as evidence of undue entanglement is also unpersuasive. There is little record support for the proposition that New York City's admirable Title I program has ignited any controversy other than this litigation. In Mueller v. Allen, 463 U.S. 388"]463 U.S. 388, 403-404, n. 11 (1983), the Court cautioned that the "elusive inquiry" into political divisiveness should be confined to a narrow category of parochial aid cases. The concurring opinion in 463 U.S. 388, 403-404, n. 11 (1983), the Court cautioned that the "elusive inquiry" into political divisiveness should be confined to a narrow category of parochial aid cases. The concurring opinion in Lynch v. Donnelly, 465 U.S. 668, 687 (1984), went further, suggesting that Establishment Clause analysis should focus solely on the character of the government activity that might cause political divisiveness, and that "the entanglement prong of the Lemon test is properly limited to institutional entanglement."
I adhere to the doubts about the entanglement test that were expressed in Lynch. It is curious indeed to base our interpretation of the Constitution on speculation as to the likelihood of a phenomenon which the parties may create merely by prosecuting a lawsuit. My reservations about the entanglement test, however, have come to encompass its institutional aspects as well. As JUSTICE REHNQUIST has pointed out, many of the inconsistencies in our Establishment Clause decisions can be ascribed to our insistence that parochial aid programs with a valid purpose and effect may still be invalid by virtue of undue entanglement. Wallace v. [473 U.S. 430] Jaffree, supra, at 109-110. For example, we permit a State to pay for bus transportation to a parochial school, Everson v. Board of Education, 330 U.S. 1 (1947), but preclude States from providing buses for parochial school field trips, on the theory such trips involve excessive state supervision of the parochial officials who lead them. Wolman, 433 U.S. at 254. To a great extent, the anomalous results in our Establishment Clause cases are "attributable to [the] ‘entanglement' prong." Choper, The Religion Clauses of the First Amendment: Reconciling the Conflict, 41 U.Pitt.L.Rev. 673, 681 (1980).
Pervasive institutional involvement of church and state may remain relevant in deciding the effect of a statute which is alleged to violate the Establishment Clause, Walz v. Tax Comm'n, 397 U.S. 664 (1970), but state efforts to ensure that public resources are used only for nonsectarian ends should not, in themselves, serve to invalidate an otherwise valid statute. The State requires sectarian organizations to cooperate on a whole range of matters without thereby advancing religion or giving the impression that the government endorses religion. Wallace v. Jaffree, supra, at 110 (dissenting opinion of REHNQUIST, J.) (noting that state educational agencies impose myriad curriculum, attendance, certification, fire, and safety regulations on sectarian schools). If a statute lacks a purpose or effect of advancing or endorsing religion, I would not invalidate it merely because it requires some ongoing cooperation between church and state or some state supervision to ensure that state funds do not advance religion.
Today's ruling does not spell the end of the Title I program of remedial education for disadvantaged children. Children attending public schools may still obtain the benefits of the program. Impoverished children who attend parochial schools may also continue to benefit from Title I programs offered off the premises of their schools — possibly in portable [p431] classrooms just over the edge of school property. The only disadvantaged children who lose under the Court's holding are those in cities where it is not economically and logistically feasible to provide public facilities for remedial education adjacent to the parochial school. But this subset is significant, for it includes more than 20,000 New York City schoolchildren and uncounted others elsewhere in the country.
* ^ It is undisputed that 78% of Title I instructors who teach in parochial schools visit more than one school each week. Almost three-quarters of the instructors do not share the religious affiliation of any school they teach in. App. 49.