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Leasing 102 by Mr. Terry Winders, CLP
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Why Leasing News is Different
Leasing News main success comes from our readers who give us leads.
Concentration is on the bank, finance, and leasing industry with five dedicated writers from the industry who contribute weekly columns. In addition, there are twenty regular contributing writers/columnists. Also at the editor’s disposal are four “investigators, “two of them professional, who can dig up the facts not just through the internet but from their industry contacts, as well as a professional equipment appraiser who helps not only in articles but in helping to settle Bulletin Board Complaints.
Most of our stories are written by our writers, researched, and directed by the editor, who also contributes articles.
Leasing News also calls on leading association members who cover their events exclusively for Leasing News. All leasing associations are treated equally and their news is important. Reports are also edited to stick to news and not fluff.
In addition, our web master is an ex-newspaper reporter, who has experience not only writing and covering stories, but inside work in both print and internet production, as well was a photographer for events. He contributes also in the writing.
New is a “proof editor” who now edits the news edition before it is posted. Hopefully we now have fewer typos, and definitely better grammar as well as re-checking of “facts.”
The Leasing News graphic designer does all the graphics, creating cartoons, placards, and contributes the visual insight of stories. This is very important for the overall presentation of web news.
Leasing News acts as an ombudsman and learns much about various leasing companies from this activity; very few of the complaints make the edition as they are resolved, but the background information is invaluable from broker, funder, lessor, and lessee. There are normally five active complaints going on each week; the great majority get resolved; not published on line.
In addition, Leasing News has an advisory board, which changes from time to time, who while not involved in editorial (stories)--- contributes ideas, business opinions, and acts as a group in giving direction to the publisher regarding many non-editorial subjects and discussions.
The advisory board and staff make a difference as news is gathered and written.
The number one difference is our readers.
You are our greatest contributors. Thank you for your support.
Loan/Lease Regulations --- Update
While there is a conception that equipment leasing is not licensed, it is not quite true. Most states have license requirements, and all have issues on usury, requiring a sales/use tax permit, corporation filing to do business in a state, as well as many states have personal property license requirements from the owner of the equipment.
It is true that there are no state or national associations that regulate the industry as banks and other financial institutions or accountants, attorneys, realtors, to name a few. The closest may be the Certified Leasing Professional Foundation where they are 200 individuals that have passed a test, an annual test, and abide by a set of rules and regulations.
In most states, banks are not required to have a leasing license as well as manufacturers. Banks are generally exempt because they are regulated by the FDIC.
The common thread among licensing statutes is that if the entity which should otherwise have a license, is licensed by another government agency (real estate brokers is one example), then no license is required.
An expert on this who has won cases against company’s not licensed in California, notably CMC Commercial Credit, Tom McCurnin, Barton, Klugman & Oetting, Los Angeles, California told Leasing News: “A property owner can sell his property on credit without a license or without usury issues. Its called the Time Price Doctrine or Time Price Differential.
“CIT on the other hand doesn't own the stuff and is therefore making a loan and is required to have a license.
“A gray area might be for the leasing company to buy the stuff and have it shipped to them, and they, in turn re-ships to the customer. May not be required to have a license. Simple invoices and drop shipping probably would not pass muster.”
Captive Lessors are required to have a license, and all those that I checked do, such as Dell, who also sells other products than the ones they manufacture.
And while there are financial institutions that also have a bank, such as CIT, they hold a license.
In California, those engaged in true leases, such as Mar Vista, address, do not need to be licensed, but everyone who is involved in “capital leases” with a bargain purchase option, particularly a dollar, are required to be licensed. Without it, they may not accept a commission, engage with a licensed financial institution, and may find their leases in court dismissed for lack of a license. While the fines are not very much, the clout comes in immediate suspension from doing business in California, and while a hearing may be required or filed by an attorney, they may not engage in business during this time.
“NO BROKERAGE COMMISSIONS TO UNLICENSED BROKERS. California Administrative Code Title 10 §1451.”
Commissions may not be paid to unlicensed brokers. There are companies who use other companies’ documents and therefore believe they do not need to be licensed. This may be accurate in dealing with a bank, but not with another licensed financial institution or financial institution out of state that is not licensed in California.
If you are registered by license as a broker, lender, lessor in states that require it, you do not need a city business license (in most states). Cities that require a business license, also require a business license if you work out of your residence. Many cities now are using Schedule C from tax returns, such as in San Jose, California, to catch those without a city license, and they will go back several years as well as a fine, so best to get a license now in case they check your city.
While not all states require a lender's license, many require a license to accept a deposit or advance rental. And remember, a capital lease may be considered a loan as it is with the IRS in many states. If the state requires a license, and your company is not licensed, the transaction may be subject to usury laws.
46 states do not require the lessor to notify the lessee regarding the end of the original term of the lease and can invoke an Evergreen clause, except in these states that do require notification and if not, can void the residual as well as bring on a fine or worse, depending on the number of such transactions and complaints received.
States who require notification:
Arizona: All "advance fee loan brokers" must register annually with the state. Includes "commitment fees." Stiff penalty and on line form for a complaint for the state to investigate. Arizona Revised Statutes, sec. 06-1303-1310 (1996)
Arkansas: All brokers of "a loan of money, a credit card or a line of credit" may not assess or collect an advance fee. In addition, all brokers must register with the Securities Commissioner, post a surety bond of $25.000 and have a net worth of $25,000.
California: "In addition to the lending authority provided by the law, the California Finance Lenders Law provides limited brokering authority. A "broker" is defined in the law as "any person engaged in the business of negotiating or performing any act as broker in connection with loans*made by a finance lender." Brokers licensed under this law may only broker loans to lenders that hold a California Finance Lenders license."
Florida: Brokers of a "loan of money, a credit card, line of credit or related guarantee, enhancement or collateral of any nature" may not assess or collect an advance fee.
Georgia: A broker of "loans of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee unless such fee is for "actual services necessary to apply for the loan." Official Code of Georgia Annotated, sec. 7- 7-1 (1992)
Idaho: No fee may be collected unless a loan is actually made.
Idaho: No fee may be collected unless a loan is actually made.
Illinois: Code, 815 ILCS 175/15-5.03 Under the Act, a" loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. 815ILCS 175/15-5- 15(a) specifically excluded from the application of the Act, however, are (1) any bank …regulated by any service loans for the Federal National Mortgage Association… (3) any insurance producer or company authorized to do business in [Illinois], (4) any person arranging financing for the sale of the person's product, (note that this exception does not apply to any person selling someone else's product and only applies to "the" person's product, implying the exception is for the owner of the product arranging for financing), (5) any person authorized to conduct business under the Residential Mortgage License Act of 1987 and (6) any person authorized to do business in [Illinois] and regulated by the Department of Financial Institutions or the Office of Banks and Real Estate. "In the event that the Act is violated by the broker, the Secretary of State is empowered by the statute to make investigations and examinations, suspend or revoke the broker's approval, subpoena witnesses, compel the production of books and records, order depositions and obtain temporary restraining orders and injunctions against the broker. In the vent that a violate is found, the Secretary of State may impose a fine in the amount of $10,000 for each violation and the broker shall be liable to any person damaged in the amount of tactual damages plus attorneys’ fees." This appears as standard language on most states.
Iowa: A broker of loans of "money or property" may not assess or collect an advance fee except for a "bona fide third-party fee" and a broker must obtain a bond or establish a trust account and file required documents with the Commissioner or Insurance.
Kansas : Broker is not exempt. Discounter or Lessor is exempt: " 'Creditor' means any person to whom a loan is initially payable on the face of the note or contract evidencing the loan" is exempt. Anyone who earns a fee or accept a deposit, except a bank, financial institution, discounter or lessor, must be registered.
Kentucky: Brokers of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee.
Louisiana: A broker of loans of "money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000. A broker may not collect an advance fee but may collect an "advance expense deposit for commercial loans" only for actual expenses incurred in obtaining the loan. Louisiana Revised Statutes Annotated, sec. 9:3574 (1993); Louisiana Revised Statutes Annotated, Sec. 51:1910 (1992)
Maine: No license required: "the regulation of commercial loan brokers does not fall under the jurisdiction of the Maine Bureau of Consumer Credit Protection. Transactions involving two businesses are legal/contractual in nature. Therefore, disputes involving a commercial loan between a business and commercial loan provider or broker must be settled in the court system."
Mississippi: A broker or loans of money may not assess or collect an advance fee and can be fined up to $5,000 for each violation. Mississippi Code Annotated, sec. 81-19-17 (1997)
Missouri: A broker of loans of "money or property" may not assess or collect an advance fee. Missouri Revised Statues, sec. 367 300 (19920
Nebraska: A broker of loans of money may not assess or collect an advance fee. Nebraska Revised Statutes, sec. 45-189 (1993)
New Jersey: Brokers of "loans of money" may not assess or collect an advance fee.
New Mexico: New Mexico currently requires Brokers/Lessors to register for Licensing under the NM Mortgage loan Company or Loan Broker Act with the Financial Institutions Division of the State of New Mexico. Banks with Brick and Mortar within the State of New Mexico are exempt. Prior to licensing applicants must submit the Following:
North Carolina: A broker of "loans of money or property…whether such agreement is styled as a loan, a lease or otherwise" must obtain a surety bond or establish a trust account in the amount of $25,000 and obtain a license. North Carolina General Statutes, sec. 66-106 (1992)
North Dakota: Brokers may not accept an advance fee unless the broker is licensed. North Dakota Century Code, 13-04. 1-09.1 (1993) Ohio: Department of Commerce, Division of Financial Institutions
(Certificate to engage in the business of a credit services organization in accordance with the provisions of Sections 4712.01 to 4712.14 of the revised code of Ohio, subject to all the provisions thereof and to the regulations of the division.) Ohio Department of Taxation requires a "Vendor's License" under provision 5739.17 of the Revised Code (...is hereby authorized to sell tangible personal property and selected services at the retail location specified below.) This also makes the lessor responsible for all taxes with penalties for not doing so.
South Carolina: A broker of "a loan of money, a credit card, a line of credit or related guarantee, enhancement or collateral of any kind or nature" may not assess or collect an advance fee. South Carolina Code Annotated, sec. 34-36-10 91992)
Vermont: Commercial Loans
“In Interview, When Is Best Time to Ask a Question”
Question: In an interview, when is the right time to ask a question?
Answer: Remember, the goal is to make your interview a “business conversation.”
As you begin answering the interviewer’s questions, a comfort level will start to develop. The interviewer will get to a point where she/he is at ease with the meeting; your responses; and the flow of conversation. When this happens, make a switch in the pattern …
As the interview continues, listen for windows of opportunity will begin to appear. In a question and answer format, end your answer by completing your thoughts on the information requested and instead of merely ending your thought--- ask a question that directly relates to the discussion. The question should seek information about the interviewer’s business needs.
Interviewer: Can you tell me about your duties in your current position?
Candidate: Yes, my duties consist of three major components (explain). Are any of my recent responsibilities similar to your needs?
Remember that a business discussion or conversation is a much more relaxed and comfortable style for the interviewer. The switch often makes the meeting more interesting and informative to the person you are interviewing, as well as you will learn more about what the company is expecting.
End of the Interview
There is typically a closing by the interviewer “Do you have any more questions?” If there are still questions you prepared that were not covered during the interview, you should feel comfortable enough to address them at this point.
Career Crossroads Previous Columns
Take Your Banker to Lunch
There are community banks and regional banks, as well as the "Top Twenty" banks where you can make business friends (sometimes personal friends).
It is a two way street: you may be able to refer them business and they do likewise. In addition, to stay ahead of what is happening or what you each can learn from each other, is very important.
I know everyone likes to “text” or “read” what is going on via their digital device, but “face-to-face” builds up relationships, too. Don't abandon it, and don't abandon the human contact with your bank.
The experience and knowledge of your banker can be very helpful to you as an entrepreneur, a salesman, an officer of your company.
If you are a customer of your bank, start there. Everyone generally has lunch and that is a time of the day your banker may have available.
I also believe in joining your local chamber of commerce, a local charity or service group, as well as a leasing or other business association group. Maybe your business comes from all over the United States or a niche, but you are missing growth in your career by not getting involved locally in the greater community where you live and work.
And most of all, don’t look for an immediate uptick in business. It often takes time to develop both a personal and trusting relationship.
Leasing Industry Help Wanted
Drafting Leases for Commercial Reasonable
By Tom McCurnin
Cases and Code Allows Lessors to Agree in Advance What a Commercially Reasonable Sale Might Be, But Not the Substantive Procedure.
Financial Federal Credit v. Hartman 2010 WL 4918980
Everyone knows that when a lessor disposes of the collateral after a default, it must do so in a commercially reasonable manner. However, the parties may, by agreement in the lease, define how a commercially reasonable sale is measured, so long as those standards are not “manifestly unreasonable.”
Two creditors, using the same form, recently came under fire by two Federal Courts for overstepping the bounds of the contract. In both cases, the clauses attempted to define what was commercially reasonable, and how notice was to be given. The Courts had no problem striking the provisions.
If the equipment lessor wants to provide context and definitions for what is “commercially reasonable,” some of the possible clauses could include:
I have seen provisions in leases and loans which attempts to define a commercially reasonable sale by reference to a loan adjustment officer’s opinion, which at least under these two cases would probably not work.
The bottom line to these cases is that while a lessor can draft documents with an eye on what a commercially reasonable sale might be, the documents cannot define precisely what a commercially reasonable sale is.
Commercial Reasonable Case #1
Commercially Reasonable Case #2
Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.
Previous Tom McCurnin Articles:
Leasing News Advisor
Bruce Lurie joined the Leasing News Advisory board September 12, 2007 and has been an active participant.
Bruce Lurie, President, Douglas-Guardian Services Corporation, Houston, Texas, an equipment inspection and collateral management firm established in 1932.
Douglas-Guardian Services Corporation
Since July 1995, Bruce Lurie has been president of Douglas-Guardian Services Corporation, the original equipment inspection and collateral management firm established in 1932.
When not chasing down collateral to inspect throughout the US or Canada, Bruce enjoys spending time with his wife Martha and learning new and exciting things from his 13 year old daughter Danielle. Bruce is an avid jogger and former triathlon fanatic.
Prior to Douglas Guardian, his experience includes fifteen years with Brown and Root, Inc., a multi-billion dollar engineering and construction company. Primary areas of responsibility have included project development, project finance, sales, marketing, strategic planning and executive management. Extensive training in quality deployment and team building techniques. BS, Civil Engineering, BS Engineering Management, and MBA from Tulane University, New Orleans, LA.
Top Stories February 3 - February 7
Here are the top stories opened by readers
(1) Top Five Leasing Company Web Sites— in North America
(2) Archives: February 5, 2001
(3) Rough Road Traveling Ahead
(4) Leasing 102 by Mr. Terry Winders, CLP
(5) Your Own Personal Facebook Movie---Automatic Start
(6) The ultimate barn find — a 114-year-old Porsche. Yes, Porsche
(7) Federal Express Tagged for Illegally Terminating Equipment
(8) New Hires—Promotions
(9) Companies who notify lessee in advance of lease expiration
(Tie) (10) Bank Failure in Boise, Idaho
(Tie) (10) Marlin Leasing 4th Quarter Drop/Up Year-end
(Tie) (10) Marketing to Millennials:
Steps to Adoption:
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Leasing Industry Outsourcing
All "Outsourcing" Classified ads (advertisers are both requested and responsible to keep their free ads up to date:
How to Post a free "Outsourcing" classified ad:
Deep freeze concerns Great Lakes shipping firms
Winter could break record for most lows below zero
Oregon weather: State offices expected to reopen Monday
Much-needed rain causes some minor problems in No. Cal.
Economists: U.S. will see better growth in '14
8 Futuristic Gifts for Your Smart Home
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How Henry Heimlich, and one dog, helped save thousands
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SparkPeople--Live Healthier and Longer
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Shortcut Through the Storm
I took a shortcut through the storm,
Storm clouds shifting and changing,
greeted by Moses at the foot of the bridge,
Minutes pass slowly within these hours.
Highlights from the 2014 Sochi Winter Olympics
Purdy: Bode Miller puts the blame squarely on everything but himself
College Football Star Michael Sam Says He Is Gay;
Longtime member of Bears' staff joins Lovie Smith in Tampa
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Leasing News Wine & Spirits Page
This Day in History
1676 - In King Philip’s War, the Narragansett and Nipmuck Indians, searching for food, raided Lancaster, Mass. Over 35 villagers were killed and 24 were taken captive including Mary Rowlandson and her 3 children. Rowlandson was freed after 11 weeks and an account of her captivity was published posthumously in 1682.
1677 - Virginia Governor William Berkley revokes the royal pardon which Colonel Herbert Jeffreys has brought for rebels of Bacon’s Rebellion. In defiance of the Crown, Berkley proceeds to execute 23 of the rebels.
1753-Treaty of Paris ends French and Indian War. Canada was ceded to Britain, France received various West Indies possessions and Spain won Louisiana and Havana. Known in Europe as the Seven Years' War, this conflict ranged from North America to India, with many European nations involved. In North America, French expansion into the Ohio River Valley in the 1750s led to conflict with Great Britain. Some Indians fought alongside the French; a young George Washington fought for the British. As a result of the signing of the Treaty of Paris, France lost all claims to Canada and had to cede Louisiana to Spain. Fifteen years later, French bitterness over the loss of its North American colonies to Britain contributed to its supporting the colonists in the American Revolution.
1841 - The Act of Union, uniting Upper and Lower Canada, came into effect.
1846-Their leader assassinated and their homes under attack, the Mormons of Nauvoo, Illinois, begin a long westward migration that eventually brings them to the valley of the Great Salt Lake in Utah. The members of the Church of Jesus Christ of Latter-day Saints had been persecuted for their beliefs ever since Joseph Smith founded the church in New York in 1830. Smith's claim to be a modern-day prophet of God and his acceptance of polygamy proved controversial wherever the Mormons attempted to settle. In 1839, Smith hoped his new spiritual colony of Nauvoo in Missouri would provide a permanent safe haven for the Saints, but anti-Mormon prejudice there proved virulent. Angry mobs murdered Smith and his brother in June 1844 and began burning homes and threatening the citizens of Nauvoo. Convinced that the Mormons would never find peace in the United States, Smith's successor, Brigham Young, made a bold decision: the Mormons would move to the still wild territories of the Mexican-controlled Southwest. Young had little knowledge of the geography and environment of the West and no particular destination in mind, but trusting in God, he began to prepare the people of Nauvoo for a mass exodus. On this day in 1846, Young abandoned Nauvoo and began leading 1,600 Mormons west across the frozen Mississippi in subzero temperatures to a temporary refuge at Sugar Grove, Iowa. Young planned to make the westward trek in stages, and he determined the first major stopping point would be along the Missouri River opposite Council Bluffs. He sent out a reconnaissance team to plan the route across Iowa, dig wells at camping spots, and in some cases, plant corn to provide food for the hungry emigrants. The mass of Mormons made the journey to the Missouri River, and by the fall of 1846, the Winter Quarters were home to 12,000 Mormons. After a hard journey across the western landscape, Young and his followers emerged out onto a broad valley where a giant lake shimmered in the distance. With his first glimpse of this Valley of the Great Salt Lake, Young reportedly said, "This is the place." That year, some 1,600 Mormons arrived to begin building a new civilization in the valley. The next year, 2,500 more made the passage. By the time Young died in 1877, more than 100,000 people were living in the surrounding Great Basin, the majority of them Mormons. Young, however, had not escaped the troubles that plagued the Church in the East. By early 1848, the Mormons' haven became a U.S. territory after the American victory in the Mexican War. The Mormons had finally found a permanent home along the Great Salt Lake, but its isolation and freedom from persecution was short-lived.
1855 - US citizenship laws were amended to include all children of US parents born abroad.
1861-Jefferson Davis receives word that he has been selected president of the new Confederate States of America. Davis was at his plantation, Brierfield, winter pruning rose bushes with his wife Varina when a messenger arrived from nearby Vicksburg. It was not a job he wanted, but he accepted it out of a sense of duty to his new country. Varina later wrote that she saw her husband's face grow pale and she recalled, "Reading that telegram he looked so grieved that I feared some evil had befallen our family. After a few minutes he told me like a man might speak of a sentence of death." Davis said of the job: "I have no confidence in my ability to meet its requirement. I think I could perform the function of a general." He could see the difficulties involved in launching the new nation. "Upon my weary heart was showered smiles, plaudits, and flowers, but beyond them I saw troubles innumerable. We are without machinery, without means, and threatened by powerful opposition but I do not despond and will not shrink from the task before me." Davis was prescient in his concerns. He drew sharp criticism during the war: Alexander Stephens, the vice president, said Davis was "weak and vacillating, timid, petulant, peevish, obstinate," and Stephens declared that he held "no more feeling of resentment toward him" than he did toward his "poor old blind and deaf dog." His appointment of his friends as generals was one of his main undoings, plus his inability to keep to a course. It is said, he changed his mind about military strategy often, actually following the suggestions of the last military person with whom he spoke. He had been elected to a six year term, never finishing it, and many believe he would not have been re-elected.
1855 -- The Women's Hospital of New York City is founded. Although it provides much needed care for poor women, the hospital was also the arena for J. Marion Sims. Much of his work was done on Black slaves where he saved countless lives and developed new procedures in gynecology. He founded the hospital for Black women to receive free care.
1863 - Two of the world's most famous midgets, General Tom Thumb, who stood three feet, four inches high, and his bride, Lavinia Warren, who was two feet, eight inches tall, were married in New York City, in front of 2,000 of their closest friends.
1863 - Alanson Crane patented the fire extinguisher.
1868-Birthday of William Allen White, American newspaperman, owner and editor of the Emporia Gazette. Coined the phrase “tinhorn politician” and in one obituary, wrote of the deceased that he had “The talent of a meat-packer, the morals of a money changer and the manners of an undertaker.” Born at Emporia, KS, he died there Jan 29, 1944.
1868- the temperature of 32 degrees below zero recorded at Muscatine, Iowa on the Mississippi was the lowest for the period 1839 to 1965.
1893—Birthday of “The Schnozz,” Jimmy Durante, born at New York City. His first break into show biz came when he was 17 when he got a regular job playing ragtime at a saloon at Coney Island. Later his friend Eddie Cantor urged him to try comedy. In the 1920's, he had a very popular nightclub in New York called “Durant.” The painter had left “e” off and wanted a $100 bucks to re-do the sign and lights. Durante developed a unique comedic style as a short-tempered by lovable personage. His shtick included slamming down his hat and flapping his arms. His clothing, enormous nose, craggy face, gravely singing voice and mispronunciations were all part of the persona. Durante, whose career spanned six decades, appeared on TV, stage and screen. His television signoff, “Good night, Mrs. Calabash, wherever you are became a trademark. Jimmy Durante died at Santa Monica, CA, Jan 29, 1980.
1893-Birthday of William Tatem “Bill” Tilden, Jr., tennis player, born at Philadelphia, PA. Generally considered one of the greatest players of all time, Tilden won more tournaments than the record books can count. A nearly flawless player, he was also an egotistical showman on the court with an interest in show business. He turned pro in 1930 and continued to win regularly. Died at Hollywood, CA., June 5, 1953.
1897-The familiar slogan "All the News That's Fit to Print" appeared on page one of The New York Times. It had first appeared on the editorial page on Oct 25, 1896. Although in 1896 a $100 prize was offered for a slogan, owner Adolph S. Ochs concluded that his own slogan was better.
1898-Birthday of Katharine Burr Blodgett, inventor, research physicist, who developed the first non-reflecting glass (as used in picture frames) and was the first female research scientist at General Electric Laboratories.
1899- the record low temperature for the state of Ohio was set at Milligan when the mercury dipped to 39 degrees below zero. The record low temperature for Virginia was also set at Monterey with 29 degrees below zero.
1902-Birthday of Walter Brattain, who together with William Shockley and John Bardeen, invented the transistor. The three shared the Nobel Prize for physics in 1956 for the transistor and for their work on semiconductors. The transistor replaced the bulky vacuum tubes previously used in electronics and paved the way for all later microelectronics.
1902—Drummer Chick Webb birthday
1907-Birthday of alto sax player Walter” Foots” Thomas, Muskogee, OK. He also was an arranger in Cab Calloway's orchestra. He moved to New York City in 1927, and played for a time with Jelly Roll Morton. He then joined The Missourians in 1929, just before Calloway took it over. In 1943 he left to work with Don Redman. He died on August 26, 1981. http://www.okjazz.org/index.cfm?id=99981.
1908- Birthday of Jean Coulthard, the first composer from the Canadian west coast to gain wide recognition, born in Vancouver. Her orchestral compositions "Canadian Fantasy," "Excursion," "Ballade (A Winter's Tale)" and "Song to the Sea" established her reputation in Canada in the early 1940's. In 1953, the CBC commissioned her to write” A Prayer for Elizabeth" to mark the Queen's coronation.
1914 Birthday of Larry Adler, harmonica virtuoso.
1916-Birthday of accordion player Aldus Roger, Carencro, LA
1920 - Representatives for major league baseball outlawed pitches that involve tampering with the ball, including using the spitter or sandpaper or emery paper. It may be a baseball law but, it is often broken like others. Many umpires have the nail files to prove it.
1921-Birthday of pianist Joe Big Duskin, Birmingham, AL
1923 - For the first time, ink paste was manufactured by the Standard Ink Company. It was available in one color: black.
1925 - In Michigan City, Indiana, the first waterless gas storage tank was put into service.
1927-Birthday of opera singer Leontyne Price, Laurel, MS.
1927 - Gisele Mackenzie, Canadian singer, star of Your Hit Parade TV show during the 1950s. Her mother was a concert singer and pianist.
1932-Birthday of accordion/zydeco player Rockin' Dopsie, Sr., Carencro, LA
1933 – Low temperature of -54ºF (-48ºC), Seneca OR (state record)
1933 - The Postal Telegraph Company of New York City introduced the singing telegram.
1933 - In round 13 at a boxing match held at Madison Square Garden in New York, Primo Carnera knocked out Ernie Schaaf. While the crowd and the press at the match shouted, "Fake!" at the knockout, Schaaf later died as a result of that punch. It was no fake.
1934 - The United States Postal Service issued the first stamps without perforations or glue in New York City. One had to cut apart the stamps, then apply glue to the back to get them to stick to an envelope. After numerous complaints, the Postal Service changed this idea.
1935 - The Pennsylvania Railroad started passenger service with its new "streamlined" electric locomotive. The engine was 79 1/2 feet long and weighed 230 tons.
1939-Birthday of singer Roberta Flack, born in Asheville, North Carolina. She had a half-dozen ballad hits in the 1970's, including three number-ones - "The First Time Ever I Saw Your Face," "Killing Me Softly With His Song" and "Feel Like Makin' Love." Flack returned to the top-10 in 1991 with "Set the Night to Music," a duet with Maxi Priest.
1942-A Japanese submarine launches a brutal attack on Midway, a coral atoll used as a U.S. Navy base. It was the fourth bombing of the atoll by Japanese ships since December 7. The capture of Midway was an important part of the broader Japanese strategy of trying to create a defensive line that would stretch from the western Aleutian Islands in the north to the Midway, Wake, Marshall, and Gilbert Islands in the south, then west to the Dutch West Indies. Occupying Midway would also mean depriving the United States of a submarine base and would provide the perfect launching pad for an all-out assault on Hawaii. Adm. Isoroku Yamamoto, mastermind of the Pearl Harbor attack and commander in chief of the Japanese combined fleet, knew that only the utter destruction of U.S. naval capacity would ensure Japanese free reign in the Pacific. Japanese bombing of the atoll by ship and submarine failed to break through the extraordinary defense put up by Adm. Chester Nimitz, commander of the U.S. Navy in the Pacific, who used every resource available to protect Midway and, by extension, Hawaii. Yamamoto persevered with an elaborate warship operation, called Mi, launched in June, but the Battle of Midway was a disaster for Japan, and was the turning point for ultimate American victory in the Pacific. The television series “Victory at Sea” has an excellent episode regarding this early part of the war, especially the Japanese underestimation of the American fighting stamina.
1942-Second Lieutenant Alexander Ramsey “Sandy” Ninger, Jr. was posthumously awarded World War II's first Medal of Honor for heroism at the Battle of Bataan. He had graduated from West Point in 1941 and was on his first assignment after being commissioned.
1942 - For Decca Records in Los Angeles, California, Ted Fio Rito's orchestra recorded "Rio Rita". Bob Carroll provided the vocals for the song that became the group's theme song.
1942- the first gold disc ever awarded to an artist was presented to the Glenn Miller Orchestra by RCA Victor during a radio broadcast. The presentation was for Miller's recording of "Chattanooga Choo-Choo," which sold more than 1.2-million copies on the Bluebird label. The award was not solid gold - it was merely gold lacquered.
1945---"Rum and Coca Cola" by Andrews Sisters hits #1
1946--Folk singer Donovan, whose last name is Leitch, was born in Glasgow, Scotland. He was the British answer to Bob Dylan, and his career was launched in 1965 with his hit single "Catch the Wind." Donovan's biggest success was "Sunshine Superman," number one on both sides of the Atlantic in 1966. Donovan's music, as well as the flowing robes and love beads he wore, were out of date by 1970.
1949 - Lee J. Cobb, Arthur Kennedy and Mildred Dunnock starred in, "Death of a Salesman", which opened at New York City's Morocco Theatre. The play would later become a major motion picture.
1949-Joe Fulks of the Philadelphia Warriors set an NBA record by scoring 63 points in a game against the Indianapolis Jets. Fulks' total was the largest recorded by an NBA player before the introduction of the 24-second clock in 1954. His record stood until November 8, 1959, when Elgin Baylor of the Minneapolis Lakers scored 64 points.
1952--DAVIS, GEORGE ANDREW, JR. Medal of Honor
1954: “The Glenn Miller Story”, starring James Stewart and June Allyson, has its American premiere in New York City.
1956 - Elvis Presley recorded "Heartbreak Hotel" for RCA Records in Nashville, Tennessee. The record was awarded two gold records, one for each side. The hit song gracing the other side was "I Was the One"
1956-- Little Richard records "Long Tall Sally"
1956---"My Friend Flicka" TV Premiere. CBS series about a boy and his horse based on the children's book by Mary OHara. The series was set in the early 1960's on the Goose Bar Ranch in Montana. Johnny Washbrook starred as Ken McLaughlin, Gene Evans as Ken's father, Bob, Anita Louise as Ken's mother, Nell, Frank Ferguson as Gus, the ranch hand, and Wahanna, the beautiful Arabian horse, as Flicka.
1957-Rev. Martin Luther King, Jr., and other Southern black clergy founded the Atlanta-based Southern Christian Leadership Conference (SCLC) to help coordinate civil rights activities in the South. King remained the SCLC's president until his assassination in 1968. King's son, Martin Luther King III, became the SCLC's president on January 15, 1998.
1958--Elvis Presley attains his ninth US number one single with the double-sided hit "Don't" / "I Beg of You".
1958-Frank Sinatra's "Come Fly with Me" rose to the top of the US album chart, where it would stay for the next five weeks.
1959-Link Wray performs his controversial instrumental hit "Rumble" on American Bandstand. Because of its title, many radio stations refused to play the record, but it still managed to sell over a million copies and reach #16 on the Billboard Pop chart.
1959- St. Louis, Missouri was hit by an F4 tornado. Nearly 2000 buildings were damaged or destroyed and over $10 million in damage was done. 21 people lost their lives and 345 sustained injuries
1960 -- Adolph Coors, the beer brewer, is kidnapped in Golden, Colorado.
1961 - The Los Angeles franchise, the Chargers, in the American Football League known as the Los Angeles Chargers, moved to San Diego, California, changing their name to the San Diego Chargers. In 1960, Jack Kemp was captain of the team. He led the Chargers to a Western Division Championship with a 10–4 record congressman and US Senator Bob Dole's vice-president running mate. He also was the AFL co-founder and served as president for five years.
1962 - Francis Gary Powers, the U.S. pilot of a U-2 plane shot down over the Soviet Union in 1960, was exchanged for KGB agent Rudolf Abel in Berlin.
1964 - The press reported "millions of teenage boys are spending extra time in front of the mirror trying to make their hair look like Paul McCartney's...," after The Beatles appeared on "The Ed Sullivan Show" the night before.
1965-Viet Cong guerrillas blow up the U.S. barracks at Qui Nhon, 75 miles east of Pleiku on the central coast, with a 100-pound explosive charge under the building. A total of 23 U.S. personnel were killed, as well as two Viet Cong. In response to the attack, President Lyndon B. Johnson ordered a retaliatory air strike operation on North Vietnam called Flaming Dart II. This was the second in a series of retaliations launched because of communist attacks on U.S. installations in South Vietnam. Just 48 hours before, the Viet Cong struck Camp Holloway and the adjacent Pleiku airfield in the Central Highlands. This attack killed eight U.S. servicemen, wounded 109, and destroyed or damaged 20 aircraft. With his advisors advocating a strong response, President Johnson gave the order to launch Operation Flaming Dart, retaliatory air raids on a barracks and staging areas at Dong Hoi, a guerrilla training camp 40 miles north of the 17th parallel in North Vietnam. Johnson hoped that quick and effective retaliation would persuade the North Vietnamese to cease their attacks in South Vietnam. Unfortunately, Operation Flaming Dart did not have the desired effect. The attack on Qui Nhon was only the latest in a series of communist attacks on U.S. installations, and Flaming Dart II had very little effect.
1965 - An often used quote was first spoken by Hubert H. Humphrey who said, "The impersonal hand of government can never replace the helping hand of a neighbor." Humphrey was a beloved United States Senator from Minnesota and a Vice-President during the Lyndon Johnson administration. He eventually ran for the Presidency but lost to Richard M. Nixon, primarily because Nixon promised to end the war in Viet Nam (which he eventually did) and Humphrey was Johnson's former vice-president, who at best “waffled” on the Viet Nam war. Perhaps what lost him the very close race was the Chicago Democratic National Convention. The convention, which began August 12, 1968, was the most violent in U.S. history. Antiwar protestors clashed with police and national guardsmen. Hundreds of people, including bystanders and members of the press, were beaten by police, some in full view of television cameras. Nixon beat Humphrey 31,785,480 to 31,275,166, and independent George C. Wallace, a third-party candidate, 9,906,473. The electoral vote was 302 to 191 and Wallace received 45. The republicans gained four seats in the House and five in the Senate (the Democrats still held majorities of 58-42 in the Senate and 243 in the House). The Republicans gained five governorships in the election.
1966-Andrew Brimmer is appointed the first Black person to serve on the Federal Reserve Board.
1967-Procedures for presidential succession were further clarified by the 25th Amendment, along with provisions for continuity of power in the event of a disability or illness of the president, ratified today in 1967.
1967-- The Beatles record---"A Day In The Life". The Beatles and George Martin added the orchestral crescendos to "A Day in the Life", using a 40-piece orchestra. Martin would later recall that when he told some of Britain's finest musicians that they were to play twenty-four bars of cacophonous, improvised crescendo, "they all looked at me as though I were completely mad."
1968 - Sly and the Family Stone's "Dance to the Music" enters the pop charts
1970-BACA, JOHN P. Medal of Honor
1971-Four journalists, including photographer Larry Burrows of Life magazine, Kent Potter of United Press International, Nenri Huett of the Associated Press, and Keisaburo Shimamoto of Newsweek, die in a South Vietnamese helicopter operating in Laos. The journalists had been covering Operation Lam Son 719, a limited attack into Laos by South Vietnamese forces, when their helicopter crashed. Vietnam was one of the most reported conflicts in the history of warfare. In 1964, when the massive American buildup began, there were roughly 40 U.S. and foreign journalists in Saigon. By August 1966, there were over 400 news media representatives in South Vietnam from 22 nations. The Vietnam War correspondents in the field shared the same dangers that confronted the front-line troops, risking their lives to witness and report the realities of the battlefield. Sixteen Americans lost their lives while covering the war. American journalists are among the 42 U.S. civilians still missing in action and unaccounted for in Southeast Asia, including NBC News correspondent Welles Hangen and Time photographer Sean Flynn, both of whom disappeared while covering the war in Cambodia.
1978-Van Halen's debut album is released. The LP hit the top-20 and has sold over 6 million copies (as of 1997). It contained the singles "You Really Got Me and "Runnin' With The Devil."
1978- Southern California received up to 8 inches of rain, resulting in widespread floods and mudslides. The rainfall produced a wall of water, which ripped through the mountain resort community of Hidden Springs drowning at least 13 persons. The storm caused 50 million dollars in damage, making it one of the most destructive in history.
1979 - Rod Stewart's "Do Ya Think I'm Sexy" was the #1 US single. It was a track from the album "Blondes Have More Fun", which was the #1 U.S. album this day. The album stayed at the top for three weeks. "Do Ya Think I'm Sexy" was number one for four weeks: “If you want my body and you think I'm sexy; come on sugar let me know. If you really need me just reach out and touch me; come on honey tell me so...”
1982--- Bismarck, North Dakota experienced its 45th consecutive day of subzero temperature readings which tied the previous record long string of subzero daily lows ending on the same date in 1937
1985 - One of the Houston Rockets' "Twin Towers", seven foot four inch tall Ralph Sampson, the Rockets star center, scored 24 points; leading the West to beat the East, 140-129 in the NBA All-Star Game held in Indianapolis, Indiana. Sampson was chosen as the games' Most Valuable Player.
1985- "Tears Are Not Enough," the contribution of Canadian recording artists to African famine relief, was recorded at Manta Sound in Toronto under the name "Northern Lights." The song was written by Bryan Adams and his regular songwriting partner, Jim Vallance. Adams's performance of the song at the Live Aid concert in July 1985 was marred by satellite blackout.
1987- a gala benefit concert was held at Roy Thomson Hall in Toronto to honor the 100th anniversary of the Royal Conservatory of Music. Among the alumni who participated were tenor Jon Vickers, violinist Steven Staryk, soprano Lois Marshall and conductor Victor Feldbrill.
1987- one of the Soviet Union's top rock bands, Autograph, played in Quebec City as part of its first North American tour. The concert was organized to coincide with the Rendezvous 87 hockey series between the NHL all-stars and the Soviet Union.
1989-the first Chairman of a major political party who was African-American was Ronald H. Brown, who was elected chairman of the Democratic Party National Committee. Brown later served as secretary of commerce in the cabinet of President William Jefferson Clinton. He was killed in an airplane crash near Bosnia during a ceasefire.
1989- Miami Vice's 100th episode seen on TV
1990- Paula Abdul's "Forever Your Girl" became the first album to generate six number-one singles when "Opposites Attract" hit the top of the Billboard chart.
1991- Kevin Costner, Donny Osmond, Meryl Streep and Mike Tyson were among dozens of celebrities who gathered in Burbank, California to record a tribute to US troops in the Persian Gulf. The song, "Voices That Care," was composed and produced by Canadian David Foster.
1992 - The New Kids on the Block filed suit on this date against former producer Gregory McPherson, accusing him of slander. McPherson had publicly accused the group of lip-syncing, and said that the young entertainers did on 20 percent of the singing in concerts and on their 1988 hit album, Hangin' Tough. McPherson claimed that New Kids manager Maurice Starr and Starr's brother were the real voices. The group's attorney denied his claim. Two months later, McPherson dropped his $21 million suit against Starr.
1992 - In Indianapolis, former heavyweight boxing champion Mike Tyson was found guilty of rape of an 18-year-old beauty contestant, Desiree Washington. The jury found him guilty on all three counts after deliberating for 9 hours.
1992 - Noted black author Alex Haley died at age 70 in Seattle of a heart attack. Haley would be best-remembered for his gripping account of African family history spanning two centuries, “Roots”, which was later turned into a wildly successful television miniseries. The eight-part series was aired on consecutive nights and became the most watched show in TV history. Some 130 million people-nearly half the country's population at the time--watched the last episode of the show. Haley's books led to an increased interest in the study of black history and heritage. Haley later spent two decades with the U.S. Coast Guard as a journalist, writing adventure stories to take the edge off his boredom. When he retired, he moved back to New York to pursue a writing career. He interviewed trumpeter Miles Davis and political activist Malcolm X for Playboy in the 1960s and later collaborated with the Black Muslim spokesman to write The Autobiography of Malcolm X (1965), an acclaimed work that fueled the black-power movement in America and was cited extensively in institutions of higher learning. Haley then started his best-known work, “Roots: The Saga of an American Family”, published in 1976. The blend of fact and fiction, drawn largely from stories recited by Haley's grandmother, chronicles seven generations of Haley's family history, from the enslavement of his ancestors to his own quest to trace his family tree. To write the mostly nonfiction work, Haley pored over records in the National Archives and went by safari to the African village of Juffure to meet with an oral historian (Haley later donated money to that village for a new mosque). There are those who claim that Haley copied the work from other writers. It was never proven and all lawsuits brought against him were not successful. In the early 1970s, he and his brothers founded the Kinte Foundation, named for Haley's ancestor Kunta Kinte, to collect and preserve African American genealogy records. Haley received special citations from the Pulitzer Prize and National Book Award committees in 1977 for “Roots”, which sold more than a million copies in one year. It was translated into 26 languages. Later in his life, Haley wrote a biography of Frank Wills, the security guard who discovered the break-in at the Watergate Hotel that brought down Richard Nixon's presidency.
1993- Michael Jackson, in a live TV interview with Oprah Winfrey, said he had an inherited disorder that causes skin pigmentation to fade. He denied altering most of his face, but did admit to minor cosmetic surgery. Jackson also said he finds the comfort in children and animals that he missed in a friendless, workaholic childhood. In the wake of Jackson's first solo interview in nearly a decade, sales of his "Dangerous" album, released 14 months earlier, skyrocketed.
1993- Mick Jagger marked the release of his "Wandering Spirit" album with an invitation-only gig at a dance club in New York. Most of the material was from his solo effort, but Jagger also performed a couple of Rolling Stones' tunes - "Live With Me" and "Rip This Joint." The concert was beamed to clubs in Atlanta, Chicago, Los Angeles and Toronto.
1994- a severe ice storm occurred over portions of Arkansas, Louisiana, Mississippi, and Alabama. Heavy rainfall of over 5 inches in some sections resulted in one of the worst icing in many years for this region. Ice accumulation reached 6 inches in Mississippi, resulting in damage to 3.7 million acres of commercial forestland valued at an estimated $1.3 billion. Over 80,000 utility poles were pulled down by the weight of the ice. Some residents of Mississippi were without power for up to a month. Damage and cleanup costs exceeded $50 million in Arkansas.
1996- Canadian country singer Shania Twain drew an estimated crowd of 10,000 to 20,000 fans for an autograph session at the Mall of America in Minneapolis.
1996 - An IBM computer called Deep Blue made chess history by comfortably beating world champion Garry Kasparov, a machine's first victory under classic tournament rules.
1997-Heavyweight Riddock Bowe announced that he had retired from boxing in order to join the US Marines. He had enlisted on January 27 and reported to Parris Island on this date. On February 21, Bowe announced that he had changed his mind and that the Marines had agreed to release him. “He could not,” said the Corps,” handle the regulated lifestyle.” Bowe, 29, married and the father of five, had won the heavyweight championship in 1992 from Evander Holyfield only to surrender it to Holyfield in 1993. In his Marines stint, he endured 36 hours of actual training.
1998 - AOL raised its monthly flat access rate from $19.95 to $21.95, explaining it needed to upgrade its network to handle the onslaught of people taking advantage of its flat price. The increase was set to go into effect in April 1998. Eventually seven users could use the dial-up program. DSL and cable brought the internet faster speeds than the AOL dial-up and by the first quarter of 2003, for the first time in its history, AOL began losing more members than it was putting on.
2008-The Eagles won a Grammy Award for Best Country Performance by a Duo or Group with Vocal for "How Long". It was the band's fifth Grammy Award.
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