Leasing News

Forward Pass to Axis Capital by Triton Financial

The Securities and Exchange Commission and the Texas State Securities Board filed separate securities actions that have made the major newspapers about the investment in Axis Capital, Grand Island, Nebraska, a leasing company established in 1996. The story involves Kurt Barton and investors from his contacts at Latter-Day Saints Congregations, as well as many sports stars, such as Heisman Trophy winners Ty Detmer (perhaps best known as the back-up to 49er QB Steve Young and Brett Favre) and Chris Weinke. Both the SEC and TSSB have filed separate securities actions contending that Barton and Triton raised more than $50 million from investors in the past five years but misrepresented how the money was used.

An Axis Capital spokesperson provided this statement to Leasing News:

"Axis Capital Inc. is a commercial finance and leasing company and has been in business since 1996.

"Axis Capital Inc. has been and is currently purchasing lease portfolios, driving vendor programs, and continues to operate a small third party originations platform. Triton Financial infused capital through one of its Partnerships into Axis Capital Inc. in early 2009. In December 2009, Triton Financials operations were assumed by Steve Harr, as receiver for the SEC.

"The Triton Financial receivership has no effect on the operations of Axis Capital Inc., and the receiver's only position is as trustee for the shares securing the equity infused into Axis Capital Inc.

Axis looks forward to continuing to provide loans and leases to its customers, primarily focusing on portfolio acquisitions and flow business."

The complaint filed in the Western District of Texas, Austin Division, by the SEC names Triton Financial, LLC, Triton Acquisition, LP, dba Triton Insurance, LP, and Kurt B. Barton as defendants claiming "From July 2009 through December 2009, Triton Financial, LLC ("Triton") and its principal, Kurt B. Barton "Barton"), fraudulently offered and sold "investor units in Triton Acquisition, LP, dba Triton Insurance, LP ("Triton")... Since at least 2004, Triton has sponsored more than 40 limited partnerships and limited liability companies, raising over $50 million for these ventures. Triton used stockbrokers and salesmen, including prominent former National Football League ("NFL") players, to promote it investments offering to potential investors...The Triton Insurance offering raised $8.4 million from approximately 90 investors..."

"In late January and early February 2009, contrary to the purported purpose of Triton Insurance offering, Triton Holdings acquired Axis Capital ("Axi"), a Nebraska-based leasing company. because Defendants diverted the original Triton Insurance offering proceeds, Defendants raised additional funds for Axis acquisition. From January 29, 2009 through February 4, 2009, Barton raised $4 million for payment to Axis, including approximately $1.5 million in transfer from Triton and Triton Athletic Center, about 42 million in loans (in the form of promissory notes) from third parties, and almost $490,000 from Triton Insurance investors..."

"In March 2009, Sports Illustrated feature Triton in an unflattering article. The article highlight an October 2008 e-mail from a former NFL player to numerous NFL alumni "updating" them on Triton's activities and touting Triton's returns on its investments. After the article's publication, the Texas State Security Board ("TSSB") began examining Triton's business affairs and requesting documents and information from Triton. In response to request for documents and information, Defendants provided TSSB with altered and fabricated documents, such as investor lists."

At this point a receiver has been appointed and all assets have been frozen. Ty Detmer, Koy Detmer, Chris Weinke, Michael Cour, Brian Whitney and others have requested removal from the receiver.

Sports Illustrated story:
http://sportsillustrated.cnn.com/2009/magazine/03/18/athletes.going.broke/index.html

Related story:
Investors with troubled firm have Mormon ties
http://www.statesman.com/services/content/news/stories/local/0117triton.html?
cxtype=ynews_rss

SEC Complaint:
http://leasingnews.org/PDF/Tricon%20_Financial.pdf

Business Beat---Fairhaven Highlands and more

If anything this column for the last year and a half has shown many bank investors have lost their original investment, community leaders have lost their influence, both consumers and business have lost a source of funds and service, branches have been closed and employees have lost their jobs. During this time, only one bank before they were forced to cease operations, increased employment (it was inundated with local mortgage foreclosures and was attempting to deal with it locally.)

In addition, when the Beige report notes "Loan demand continued to decline or remained weak in most Districts," it also means the banks are making less profit, as well as margin are not there, and fees are up on insurance and new taxes are talked about being imposed.

It also means that it is more difficult for finance and leasing companies to obtain warehouse lines, lines of credit to carry their own leases as well as discount leases. This, too, affects local businesses and consumers.

The latest cost of funds from the OTS shows the November, 2009 median index was 2.13%, up from July-September, 2009, but at 1.94% on the average. The cost did vary from Fed district to Fed District such as 1.42% in Boston, 1.45% San Francisco, but 2.94% in Indianapolis and 2.45% in Cincinnati. (1)

It is paradoxical that rates are so low when the demand is so high, but then again, it is an availability of “supply” and these next four banks that failed had very little or negative “supply,” primarily from very poor commercial real estate loans:

Horizon Bank, Bellingham, Washington 18 branches were closed with Washington Federal Savings and Loan Association, Seattle, Washington, to assume all of the deposits of Horizon Bank. They had gone from 281 full time employees September 30, 2008 to 238 September 30, 2009.

As of September 30, 2009, Horizon Bank had approximately $1.3 billion in total assets and $1.1 billion in total deposits. Washington Federal Savings and Loan Association did not pay the FDIC a premium to assume all the deposits the Horizon Bank.

The FDIC and Washington Federal Savings and Loan Association entered into a loss-share transaction on approximately $1.0 billion of Horizon Bank's assets

Founded on November 9, 1979 their net equity had dropped from $121.2 million September 30, 2008 to $12.4 million September 30, 2009 with net income the previous year of 1.8 to a loss of $105.9 million September 30, 2009 and a Tier 1 risk-based capital ratio 0.99%. 10% is the deciding point, below is not good.

Reportedly two-thirds of the bank's past-due and nonperforming loans were to builders and developers, with the remainder residential mortgages. The Fairhaven Highlands, a controversial major project was reportedly also one of their undoing:
http://www.nwcitizen.com/entry/city-working-to-buy-chuckanut-ridge
http://www.rdnow.org/
http://www.rdnow.org/Documents/Horizon%20Bank%20-%20Open%20Letter-Selected%20Excerpts.pdf

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $539.1 million
http://www.fdic.gov/news/news/press/2010/pr10004.html

The St. Cloud and St. Stephen branches of St. Stephen State Bank, St. Stephen, Minnesota deposit and operations were assumed by the First State Bank of St. Joseph, St. Joseph, Minnesota.

This was a small bank, formed October 1, 1920, going from 19 full time employees to 12. As of September 30, 2009, St. Stephen State Bank had approximately $24.7 million in total assets and $23.4 million in total deposits. First State Bank of St. Joseph did not pay the FDIC a premium to assume all of the deposits of St. Stephen State Bank. In addition to assuming all of the deposits of the St. Stephen State Bank, First State Bank of St. Joseph agreed to purchase essentially all of the failed bank's assets.

The bank had a $114,000 loss September 30, 2008 and a $1.9 million loss September 30, 2009 with equity going from $2.5 million the previous year to $49,000 September 30, 2009 with a Tier 1 risk-based capital ratio0.23%. The bank was reportedly heavily invested into commercial real estate:
http://www.startribune.com/business/81798047.html? elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUsA

The FDIC and First State Bank of St. Joseph entered into a loss-share transaction on $20.4 million of St. Stephen State Bank's asset.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $7.2 million
http://www.fdic.gov/news/news/press/2010/pr10009.html

Barnes Banking Company, Kaysville, Utah, became the fourth bank to fail in this new year. To protect the depositors, the FDIC created the Deposit Insurance National Bank of Kaysville (DINB), which will remain open until February 12, 2010 to allow depositors access to their insured deposits and time to open accounts at other insured institutions.

All insured depositors of Barnes Banking Company are encouraged to transfer their insured funds to other banks during this transitional period.

Zions First National Bank, Salt Lake City, Utah, has also received approval from the Office of the Comptroller of the Currency to operate temporary branches inside the 10 former Barnes Bank locations, allowing Zions Bank to accept funds from former customers of Barnes Bank and assist them in opening deposit accounts with Zions Bank. Zions Bank is Utah’s oldest financial institution and is the only local bank with a statewide distribution of branches, operating 103 full-service offices. Zions Bank also operates 25 full-service branches in Idaho.

Barnes Banking was established on January 1, 1891 and at its failure had 10 offices, four in Davis County, two in Salt Lake County, one each in Utah and Washington counties, two in Weber County. From September 30, 2008 to September 30, 2009

it had gone from 178 employees to 165 full time employees, net equity of $107.4 million to $35 million, losing $12.3 million in 2008 and $67.4 million in 2009 same time period, operating with a negative $70.67 million. Tier 1 risk-based capital ratio 5.40%

As of September 30, 2009, Barnes Banking Company had $827.8 million in total assets and $786.5 million in total deposits.

The cost to the FDIC's Deposit Insurance Fund is estimated to be $271.3 million.
http://www.fdic.gov/news/news/press/2010/pr10010.html

The sole branch of Town Community Bank and Trust, Antioch, Illinois, was closed Friday by the Illinois Department of Financial Professional Regulation. The FDIC arranged for First American Bank, Elk Grove Village, Illinois, to assume all of the deposits of Town Community Bank and Trust.

Antioch, Illinois has a population 13,400, where most of the residents work outside of the village, in Chicago or neighboring villages, according to Wikipedia. It appears the community experience rapid growth growing from the 2000 census of 8,788 to a project 14,000 plus 2010. A commercial section was being expanded.

As of September 30, 2009, Town Community Bank and Trust had approximately $69.6 million in total assets and $67.4 million in total deposits. It had 12 full time employees, the previous year 15, with net equity going from $10.1 million September 30, 2008 to $1.8 million, a loss of $552,000 to a loss of $3 million September 30, 2009 and Tier 1 risk-based capital ratio 2.63%

The FDIC and First American Bank entered into a loss-share transaction on $56.2 million of Town Community Bank and Trust's assets. The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $17.8 million.

Cost of Funds
http://leasingnews.org/PDF/Cost_of_Funds_1_15_10.pdf

List of Bank Failures
http://www.fdic.gov/bank/individual/failed/banklist.html

Previous Bank Beat columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Bank_Beat.htm

Leasing 102
by Mr. Terry Winders, CLP

Part IV---Starting a leasing company

One of the most important requirements of booking your own transactions, with a bank line of credit, is to stay within your own market territory. Some vendors sell over a broad range of States and their interest will be for you to fund regardless of the Lessee’s location. You need to retain those that are in your immediate area but sell off those that are out of State or over 200 miles away. It is an old adage in the leasing business that the greater the distance the greater the collection costs. When a problem develops it is very serious when you have a startup portfolio so you need to be able to visit the Lessee and get things worked out in a hurry. This becomes difficult and expensive the further the lessee is from your base of operations.

Try and pick an industry that appeals to you personally because if you are interested in the equipment beyond arranging the leasing of it the vendors will prefer to work with you and you will get to know the equipment better. I love woodworking so I began by going to woodworking shows and discussing at long lengths the ability of many of the machines displayed there. Because I took such an interest in the equipment the vendors did not turn me away when in the end I explained my real purpose. Woodworking equipment turnout to be a wonderful market with a lot of local customers in my area.

If you check with your States industrial equipment guides you can review the manufacturers and vendors that are unique to your market area. Small markets do not interest the large lessor’s that need national accounts and large volume. I discovered the marina industry in my area and to my surprise most of them were very small companies with good balance sheets and lots of needs from houseboats to floating docks. They also liked dealing with someone that could fund there deals with local banks in their area that understood their business. I also found many new markets by visiting local trade shows and small industry gatherings. There is a great deal of information at the better business bureau and, if you have one, the local business paper that lists all of the new businesses including new vendors. Also I like to park my car and just walk around a business park to call on all of the local business and small manufacturers to determine if any need assistance. On many occasions I discovered a real opportunity calling on business with a strange name that did not begin to explain what they were about. I found both lease opportunities and new vendors this way. Walking is good for the spirit.

The other thing that is important is your documentation. For some odd reason new lease companies think they can get by with short or light generic lease agreements. I think that is like thinking that a long rope prevents you from hanging. Proper, complete, well drafted documents are critical to preventing losses in your portfolio. Do not redraft some other company’s documents and put you name on it. Good documents are created to match the markets you serve. Maintenance requirements return conditions, and many parts of the lease agreement should be tailor-made for your vendors or equipment choices. I would also suggest using master leases on all transactions with each type of equipment utilizing its own schedule. In the beginning a lot of companies think they are going to go full term on all of the equipment and it rarely happens. The more equipment on a schedule the more often something breaks, is obsolete, or just no longer useful. Try and group like equipment together and place large pieces on separate leases. Any money spent with good lease counsel to create good documents is money well spent.

One of best things you can do to shore up your portfolio is to complete a good study on each piece of equipment regardless of size. I know this sounds like overkill however in the process you will be forced to ask the lessee questions about its use and that may lead you to a different term that was first offered and cut your risk. The more you know about the equipment and its “remarketability” the stronger your portfolio will be.

Starting a leasing company takes time and a lot of thought. Do not try and do it quickly, take your time and do it correctly.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at leaseconsulting@msn.com or 502-327-8666. He invites your questions and queries.

Part I: So You Want To Start a Leasing Company
http://leasingnews.org/archives/December%202009/12-21-09.htm#start

Part II: Starting a Leasing Company
http://leasingnews.org/archives/Jan2010/1_05.htm#starting

Part III: Starting a Leasing Company and New Markets
http://leasingnews.org/archives/Jan2010/1_11.htm#part3

Lease Police 2009 Year End Update

"Like the famous quote, 'It was the best of times and the worst of times', 2009 saw many good companies disappear and yet many survived and are thriving," Bernie Boettigheimer, CLP, President of Lease Police said. “Many of the companies that did go out of business failed as a result of poor credit models, but just as many were victims of this 'Perfect Credit Storm'.

"It was truly rewarding to get responses by subscribers describing how the system has saved them thousands. I love it that people are stilled amazed how a report costing a few dollars can save them hundreds of thousands of dollars with a simple click. I was, however, sad for all those companies and people who have left the industry.

"If these times teach us anything, they should reinforce the mantra that every funder should leave no stone unturned in their pursuit of information about every deal we process. When we look at those firms now gone, almost all of them decided to "cut corners" in their investigations. Their departure now stands as a reminder to us to be methodical and thorough when we look at transactions.

"As for Lease Police we lost a number of good subscribers who went out of business but the good news is that many existing subscribers stepped up their usage and our "hit count” remained steady."

During the year our data files increased 14,000 to over 40,000 records, our 'Alerts' increased 120 to over 300, and our 'Reported Repossessions' increased 2500 to over 6000.

"As of October 1, 2009 we began producing a vendor report for new 'unmatched inquiries' within 24 hours. That program has been a great success and we will probably extend that to all lessee inquires shortly.

"Lease Police.Com continues to be committed to produce the finest reports on Vendors and Lessees at the lowest cost. The innovations to our reports added in 2009 are only stepping stones to future improvements

Bernie Boettigheimer, CLP
President
Lease Police, Inc.
972-361-8111
214-549-3426 cell
www.leasepolice.com

CLP Ends Year with 180 Members “In Good Standing”

New officers and directors of the Certified Lease Professional Foundation were appointed with plans on increasing membership. Despite many new members last year, the CLP Foundation is down to 180 members, from 182 the previous year.

The foundation is sponsored by the National Association of Equipment Leasing Brokers and National Equipment Finance Association, but not the Equipment Leasing and Finance Association, although the foundation made presentations at all three association general conferences in 2009.

The 2010 president is Chris Walker, CLP – GreatAmerica Leasing, Cedar Rapids, Iowa.

“I’m honored to serve The CLP Foundation and my fellow CLPs, “ he said. “I look forward to working with a very talented and committed board.”

Elected Officers are:

Vice President:
Jack Harvey, CLP – Enterprise Financial Solutions, Inc., Little Rock, Arkansas

Secretary:
Vicki Shimkus, CLP – BSB Leasing, Englewood, Colorado

Treasurer:
John Rosenlund, CLP – Radiance Capital LLC, Tacoma, Washington

Past President:
Theresa Kabot, CLP – K2 Funding, Seattle, Washington

The remaining directors serving on the Board of Directors for 2010 are:
Joseph G. Bonanno, Esq., CLP
– Law Offices of Joseph Bonanno, Medford, Massachusetts

Larry LaChance, CLP
– Bankers Capital, Marlborough, Massachusetts

D. Paul Nibarger, CLP
– Nibarger Associates, Rancho Palos Verdes, California

Rosanne Wilson, CLP
– 1st Independent Leasing, Inc., Beaverton, Oregon

Donna Wesemann, CLP
– Susquehanna Commercial Finance, Inc., Pottstown, Pennsylvania

Joe Woodley, CLP
– Westover Capital Corporation, Tustin, California

The CLP Foundation is the official governing body for the Certified Lease Professional ("CLP") Program. The CLP designation sets the standard for professionalism in the leasing industry. This designation identifies and recognizes individuals within the leasing industry who have demonstrated their competency through continued education, testing and conduct. This designation is the only internationally recognized lease certification program in the world.

For further information about our Mentor Program and Anonymous Test Taking Program, please contact Cindy Spurdle at 610/687-0213 or cindy@clpfoundation.org.
www.clpfoundation.org

Top Stories-January 11-15

Here are the top ten stories opened by readers:

(1) FBI Investigating Equipment Acquisition Resource
http://leasingnews.org/archives/Jan2010/1_11.htm#fbi

(2) Sheldon Player: "Blood on his hands"
http://leasingnews.org/archives/Jan2010/1_15.htm#player_blood

(3) Special Report: Part I -- Could Church Kiosks,
Royal Link Carts, NorVergence results been avoided?
The use of “Equipment Finance Agreements”
http://leasingnews.org/archives/Jan2010/1_15.htm#special_report1

(4) Special Report: Part II Bank of the West
Equipment Lease Agreement (EFA)
http://leasingnews.org/archives/Jan2010/1_15.htm#special_report2

(5) Leasing 102 by Mr. Terry Winders, CLP
Part III: Starting a leasing Company and New Markets
http://leasingnews.org/archives/Jan2010/1_11.htm#part3

(6) Marlin Stock hits $10.75 a share
by Christopher Menkin
http://leasingnews.org/archives/Jan2010/1_13.htm#marlin_stock

(7) Sales Make it Happen by Gerry Egan
“Egan's Quick Summary Financial Form”
http://leasingnews.org/archives/Jan2010/1_13.htm#egan

(8) Salesman Sends Commissions to Foreign Bank
http://leasingnews.org/archives/Jan2010/1_13.htm#commissions

(Tie) (9) Fin Pac Renews $100 MM WestLB Term Facility
http://leasingnews.org/archives/Jan2010/1_15.htm#finpac

(Tie) (9) New Hires---Promotions
http://leasingnews.org/archives/Jan2010/1_13.htm#hires

(Tie) (10) Sheldon Player and his brokers
by Christopher Menkin
http://leasingnews.org/archives/Jan2010/1_11.htm#player

(Tie) (10) Winmark Leasing posts $872,100 loss, revenues down
http://www.gurufocus.com/news.php?id=81111

Classified ads—Asset Management

Leasing Industry Outsourcing
(Providing Services and Products)

Asset Management: Atlanta, GA premier provide accounts receivable management functions from 3rd Party contingency collections to Portfolio Purchasing. Contact George Elliott, National Account Manager. 678-694-9063, www.westassetmanagement.com	Asset Management: Boston, MA Nationwide appraisals, remarketing, audits, inspections and more! Over 15-years industry experience and dedicated to deliver personal, prompt, professional services. Call Chris @ 508-785-1277. Email:chris@dovermanagementgroup.com
Asset Management: Minneapolis, MN NetSentric provides services to leasing companies: Inspection, Appraisals, Auditing, Warehousing, Repossession, Asset Management, Repairs, Remarketing and Field Service for Electronics and Computing Technology. Email: jcahill@netsentricinc.com	Asset Management: Monroe, NC Recover a greater return on your investment. We specialize in the woodworking, pallet, sawmill and forestry industries. Carolinamachinerysales.com/ Melinda Meier (704)288-1904 x103
Asset Management: Nationwide BUYER/LENDER BEWARE. Don't sign anything until Collateral Verifications Inc. goes onsite, knocks on the door and gets the facts. http://www.i-collateral.com Email: mark@i-collateral.com	Nationwide Seasoned and fair priced workforce is at your service for all lease collections, repossessions, and asset liquidations, appraisals. Call Nassau Asset Management 800-462-7728 dcastagna@nasset.com
Asset Management: Orange City, FL We help Lessors Liquidate un-wanted Assets valued at $750,000+. It's an effective method of Liquidating Assets such as Jets, Planes, Helicopters, Freighters, etc. Eric R. Sanders Tel 386-789-9441 www.ValuedAssetSales.com www.The-RandolphCapital.com EQPMNTLEASING@aol.com	Asset Management: Oxnard-Hollywood Beach, CA 20 Years Exp. w/Equity Analysis/Placement- Residual Forecasting Methodologies Computer Equipment Assets. Portfolio Mgr. Two Major Leasing Companies/Strong Analyst Background w/Leading Info Services Firm. E-mail: GregoryMLorenz@aol.com
Asset Management: NorthWest Sequent provides collateral recovery, remarketing, and storage services to lenders with assets located in the greater Pacific Northwest. Professional services at reasonable pricing. Contact rossr@sequentam.com	Asset Storage/Re-Marketing: Ohio & surrounding states. Providing no cost warehousing, condition reports, digital photos and remarketing of off-lease forklifts & industrial equipment. NAFTA wide dealer network. Email to GCochran@OhioLift.com
Asset Management: Global Specializing in Semiconductor and Electronic Test Equipment collateral. Lender services include Consignment Sales, Remarketing, Portfolio Purchases, Inspections, De-installation, Repairs and Warehousing. www.testequipmentconnection.com mnovello@testequipmentconnection.com

All "Outsourcing" Classified ads (advertisers are both requested and responsible to keep their free ads up to date):
http://www.leasingnews.org/Classified/Outsourcing/Outsourcing.htm

How to Post a free "Outsourcing" classified ad:
http://www.leasingnews.org/Classified/Outsourcing/Outsourcing-post.htm

   1770--- Battle of Golden Hill (Lower Manhattan). Although no one was killed, the Battle of Golden Hill was the first significant clash between citizens and British troops as the colonies moved toward revolution. Several New Yorkers had been wounded in a similar confrontation three years earlier, but Golden Hill was a more direct challenge to the British and the wounds suffered by the patriots were more severe.
http://www.u-s-history.com/pages/h1265.html
http://www.nyfreedom.com/Goldenhill.htm
    1803—Seeking information on what lay west of the young United Sates, President Thomas Jefferson sent a confidential letter to Congress requesting funds for an exploratory expedition to be led by Captain Meriwether Lewis and Lieutenant William Clark. After the Louisiana Purchase was signed on April 30, 1803, the expedition's mission changes: it became a survey of new American land. The “Corps of discovery” set off May 14 form St; Louis and returned with much information about the land, the peoples there and the flora and fauna.
    1807-Confederate General Robert E. Lee's birthday , an official state holiday for the State of Texas. His birthday is also observed in Florida, Kentucky, Louisiana, and Tennessee. It is also observed the third Monday in January in Alabama, Arkansas and Mississippi. He was considered the greatest military leader of the Confederacy, son of Revolutionary War General Henry ( Light Horse Harry) Lee, George Washington’s best friend. He most daring plan was to turn more against the war by directly attacking Washington, DC, although his troops were discovered quite by accident in Gettysburg, Pa, resulting in one of the bloodiest battles of the Civil War. His surrender April 9, 1865, to Union General Ulysses S. Grant brought an end to the Civil War.
    1809-American poet and story writer Edgar Allan Poe, born at Boston, MA. He was orphaned in dire poverty in 1811 and was raised by Virginia merchant John Allen. In 1846, he married his 13-year old cousin, Virginia Clemm. A magazine editor of note, he is best remembered for his poetry, especially “The Raven.” and for his tales of suspense. He died at Baltimore, MD, October 7, 1849. The Baltimore Ravens are named in his honor. Birthday
    1810 - The famous "cold day" in New England. Gale force winds wrecked homes, and accompanied a sudden overnight drop in temperature of 50 degrees. Tragedy struck Sanbornton NH where three children froze to death.
    1825- Ezra Daggett and Thomas Kensett obtained a patent for a process for storing food in a can.
    1840- the Electromagnetic and Mechanics Intelligencer appeared this day. It was printed in New York City on a press “propelled by electro-magnetism.” The editor of the magazine and the inventor of the electrical printing press was Thomas Davenport.
    1846—The first military prison on an island was Fort Jefferson, Monroe County, FL. Construction began in 1846 on an island in the Gulf of Mexico, 60 miles from Key West. It was garrisoned this day by Brevet Major Lewis Golding Arnold, 2nd U.S. Artillery, with four officers and 62 men. The fort had not been completed and was barely defensible. A prison for the confinement of U.S. Military prisoners was established in 1863. The prison, often called Dry Tortugas. During the Civil War the fort was a military prison for captured deserters. It also held the 4 men convicted of complicity in President Abraham Lincoln’s assassination in 1865, the most famous being Dr. Samuel Mudd. The Fort was plagued with construction problems and Yellow Fever epidemics. The invention of the rifled cannon made the Fort obsolete, as its thick walls could now be penetrated. The Army finally abandoned Fort Jefferson in 1874. Today it is a national park.
http://www.smithsonianmag.si.edu/smithsonian/issues99/nov99/tortugas.html
http://www.nps.gov/drto/
http://www.fortjefferson.com/home.htm
    1847 -- After killing the sheriff and a prefect, Native American Indians force their way into the house of New Mexico's first American Territorial Governor, Charles Bent, and scalp him and three others, Taos, New Mexico.
    1857 - A great cold storm swept across the Atlantic Seaboard. Snowfall totals of 12 inches were common, whole gales caused shipwrecks and damage property on islands, and temperatures near zero prevailed from Virginia northward. Great drifts of snow blocked transportation. Richmond VA was cut off from Washington DC for a week.
    1861 - Georgia becomes 5th state to secede.
    1862-laws were passed in the State of New York granting equal guardianship of children to mothers. Up to that point, fathers had EXCLUSIVE rights to the children as they did in England and could will the children to anyone they wanted at their deaths or could give them away during their lifetime.
    1863-The founder of the Goodwill Industries Edgar J. Helms was born near Malone,NY. Reverend Dr. Helms became a minister to a parish of poor immigrants in Boston’s South End. In that capacity he developed the philosophy and organization that eventually became Goodwill Industries. Helms died December 23,1942, Boston, Mass.
    1865-- Union occupies Fort Anderson NC
    1871-- 1st Negro lodge of US Masons approved, New Jersey.
    1881 --Western Union buys rival telegraph company, in vain. Jay Gould, the ravenous financier and archetypal robber baron, used his wiles and ways to seize control of Western Union, William Vanderbilt's mighty telegraph company. Gould mounted an elaborate campaign to drive down the company's stock, using his newspaper, as well as his influence on Wall Street, to raise doubts about Western Union's leadership and hefty stock price. He also started a rival telegraph concern, the Atlantic and Pacific Company, in hopes of raising doubts about Western Union’s dominance over the industry. The gambits worked and Western Union's stock swooned.
In a desperate attempt to staunch the bleeding, Western Union snapped up the Atlantic and Pacific Company on this day in 1881. Far from staving off the competition, the deal further fattened Gould's pocketbook and, more importantly, primed him for the final phase of his takeover scheme. Gould convinced his Wall Street associates to start another raid on Western Union. However, as the traders were busy driving down Western Union’s asking price, Gould, in the guise of an "anonymous" investor, started gobbling up the company’s suddenly cheap stock. When the dust settled, Gould’s cronies were left counting their losses; meanwhile, the devious financier had successfully wrested control of Western Union.
    1887 -- Birthday of Alexander Woolcott, born Phalanx, New Jersey. The model for the egotistical Sheridan Whiteside in Kaufman & Hart's The Man Who Came to Dinner will be "the smartest of Alecs" to Heywood Broun & "Old Vitriol & Violets" to James Thurber.
    1898-The first college ice hockey game ever played saw Brown University defeat Harvard University 6-0. Fifty years late, the NCAA staged its first college hockey champions.
    1905-Birthday of Oveta Culp Hobby, U.S. newspaper executive and the first U.S. Secretary of Health, Education, and Welfare, director of the Woman's Army Corps (1942-1945). She was noted for her organizational abilities before marrying into the family which owned the Houston Post newspaper. She ran it as executive vice president and later chaired the board for 19 years.
    1915 -- World famous labor organizer & songster Joe Hill is arrested in Salt Lick City, Utah. He is convicted on trumped up murder charges, & executed 21 months later despite worldwide protests & two attempts to intervene by Beloved & Respected Comrade Liberal President Woodrow Wilson. In a letter to Bill Haywood shortly before his death he penned the famous words, "Don't mourn - organize
I dreamed I saw Joe Hill last night,
Alive as you and me.
Says I "But Joe, you're ten years dead"
"I never died" said he,
"I never died" said he.
!" On this same day, 20 rioting strikers are shot by factory guards at Roosevelt, New Jersey.
http://en.wikipedia.org/wiki/Joe_Hill
http://www.kued.org/joehill/
    1915 -- Isadora Duncan dance "Dionysion" premiers at the NY Met.
    1925 -48ºF (-44ºC), Van Buren ME (state record)
    1933 - Giant Forest CA received 60 inches of snow in just 24 hours, a state record, and the second highest 24 hour total of record for the U.S.
    1937 - Howard Hughes set a transcontinental air record, when he flew from Los Angeles, California to New York City in 7 hours, 28 minutes and 25 seconds.
    1937- Phil Everly, of the Everly Brothers, was born in Brownie, Kentucky. Together with his brother Don, he made some of the most exciting pop records of the late 1950's. The brothers came from a country music family, and their parents took them to Nashville in 1956 to meet Chet Atkins. A year later, the Everly Brothers had their first hit, "Bye Bye Love." They were rarely absent from the charts for the next five years. "Wake Up Little Susie," "Bird Dog" and "Cathy's Clown" were among their hits. The relationship between the two brothers began to deteriorate about 1963, although they continued to perform together for another decade. The Everly Brothers got together again in the 1980's. Recently touring with Simon and Garfunkle, who originally wanted to sound exactly like them.
    1943--Birthday of singer Janis Joplin, born Port Arthur, Texas, possibly the most highly regarded white female blues singers of our time. Joplin’s appearance with Big Brother and the Holding Company at the Monterey International Pop Festival in August, 1967, launched her superstar status.
I was there and she was quite loaded, but then again, most of the audience was either drunk or high and the music very loud and emotion high. Among her recordings hits were “ Get it While You Can,” “ Piece of My Heart, “ Ball and Chain” and the windshield song. She died of a heroin overdose October 4, 1970 at Hollywood, Ca., age 27.
    1944---Football coach Daniel Edward “Dan” Reeves birthday, born Rome, Ga.
    1944- Pop singer and actress Shelley Fabares was born in Santa Monica, California. On her 18th birthday, in 1962, Fabares's recording of "Johnny Angel" hit number one on the Billboard chart. A year later, she retired when she married record producer Lou Adler.
    1946- Country star Dolly Parton was born in Sevierville, Tennessee. She gained wide exposure as part of Porter Wagoner's TV and road show from 1967 to 1974. And Parton did even better on her own. Hits such as "Nine to Five," from the movie in which she starred, and "Heartbreak Express" brought her a wider audience than most country artists enjoy.
    1947---Top Hits
For Sentimental Reasons - Nat King Cole
Ole Buttermilk Sky - The Kay Kyser Orchestra (vocal: Mike Douglas & The Campus Kids)
A Gal in Calico - Johnny Mercer
Rainbow at Midnight - Ernest Tubb
    1949-Brithday of rock singer Robert Palmer, best known for his song, “Addicted to Love.”
http://www.robertpalmer.org/
    1949 - The President of the United States salary was increased from $75,000 to $100,000, with an extra $50,000 expense allowance for each year in office. As of 2001, the President makes $1,000,000 a year.
    1952---PGA Admits Blacks: The Professional Golfers Association of America amended its rules to allow black golfers to participate in tournaments.
    1953 - Sixty-eight percent of televisions in the United States tuned to CBS-TV, to see Lucy Ricardo, of "I Love Lucy", give birth to a baby boy, as she actually did in real life. The program's audience was larger than that watching the inauguration of President Dwight D. Eisenhower next day. In fact, in many papers, the Lucille Ball baby story kicked the inauguration off the front page.
    1953- Marty Robbins made his debut on the Grand Ole Opry. His first big hit, "Singin' the Blues," was at the top of the country charts at the time.
    1954—Football player Steven L. “Steve” DeBerg, born Oakland, Ca.
    1955---Top Hits
Mr. Sandman - The Chordettes
Hearts of Stone - The Fontane Sisters
Make Yourself Comfortable - Sarah Vaughan
Loose Talk - Carl Smith
    1955- " The Millionaire" premiered on television. The CBS drama that had all of America hoping to find Michael Anthony on their doorstep. Mr. John Beresford Tipton was a millionaire who made a hobby of giving away million dollar checks anonymously to unknown people to see how they handled the sudden wealth. Michael Anthony, played by Marvin Miller, was Mr. Tipton's personal secretary and the star of "The Millionaire." No one ever saw Mr. Tipton but his voice would greet Anthony at the opening of each show and issue instructions for delivery of the next check. Anthony would then find the recipient and give him or her the check, explaining that the recipient had to agree never to divulge the amount or how it was acquired.
    1955-The first Presidential news conference filmed for television and newsreels was held in the treaty room of the State Department building, Washington, DC, where President Dwight David Eisenhower held a 33-minute conference. The film was cut to 28 minutes, 25 seconds, plus introduction and closing remarks, to fit television time formats.
    1957 - Philadelphia, Pennsylvania comedian, Ernie Kovacs, became a star, when he successfully completed a challenge to do a half-hour television show without saying a single word of dialogue.
    1957- Elvis Presley records: "It Is No Secret," "Blueberry Hill," "Have I Told You Lately That I Love You," "Is It So Strange."
    1957- Pat Boone performs at the inaugural ball for President Dwight D. Eisenhower.
    1957- Johnny Cash makes his first national television appearance on CBS' Jackie Gleason Show.
    1959- Dick Clark's "American Bandstand" was rated the number-one daytime television program.
    1959-- The Platters' "Smoke Gets in Your Eyes" hits #1.
    1963---Top Hits
Go Away Little Girl - Steve Lawrence
Hotel Happiness - Brook Benton
Tell Him - The Exciters
The Ballad of Jed Clampett - Flatt & Scruggs
    1966 - Robert Montgomery, actor-producer and White House advisor on Presidential telecasts, testified on this date to the FCC that the reports of quiz-show fixing and payola were widespread within the broadcasting industry long before the charges were made public.
    1966- Ken Kesey is arrested in San Francisco a second time for the possession of marijuana. He subsequently jumps bail and flees to Mexico, trying to mislead law enforcement authorities with a faked suicide note.
    1968--YNTEMA, GORDON DOUGLAS Medal of Honor
Rank and organization: Sergeant, U.S. Army, Company D, 5th Special Forces Group (Airborne). Place and date: Near Thong Binh, Republic of Vietnam, 16-18 January 1968. Entered service at: Detroit, Mich. Born: 26 June 1945, Bethesda, Md. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life and above and beyond the call of duty. Sgt. Yntema, U.S. Army, distinguished himself while assigned to Detachment A-431, Company D. As part of a larger force of civilian irregulars from Camp Cai Cai, he accompanied 2 platoons to a blocking position east of the village of Thong Binh, where they became heavily engaged in a small-arms fire fight with the Viet Cong. Assuming control of the force when the Vietnamese commander was seriously wounded, he advanced his troops to within 50 meters of the enemy bunkers. After a fierce 30 minute fire fight, the enemy forced Sgt. Yntema to withdraw his men to a trench in order to afford them protection and still perform their assigned blocking mission. Under cover of machinegun fire, approximately 1 company of Viet Cong maneuvered into a position which pinned down the friendly platoons from 3 sides. A dwindling ammunition supply, coupled with a Viet Cong mortar barrage which inflicted heavy losses on the exposed friendly troops, caused many of the irregulars to withdraw. Seriously wounded and ordered to withdraw himself, Sgt. Yntema refused to leave his fallen comrades. Under withering small arms and machinegun fire, he carried the wounded Vietnamese commander and a mortally wounded American Special Forces advisor to a small gully 50 meters away in order to shield them from the enemy fire. Sgt. Yntema then continued to repulse the attacking Viet Cong attempting to overrun his position until, out of ammunition and surrounded, he was offered the opportunity to surrender. Refusing, Sgt. Yntema stood his ground, using his rifle as a club to fight the approximately 15 Viet Cong attempting his capture. His resistance was so fierce that the Viet Cong were forced to shoot in order to overcome him. Sgt. Yntema's personal bravery in the face of insurmountable odds and supreme self-sacrifice were in keeping with the highest traditions of the military service and reflect the utmost credit upon himself, the 1st Special Forces, and the U.S. Army.
    1969 -- The West is best, topping the East 38-25 in the AFL Pro Bowl and 10-7 in the NFL Pro Bowl.
    1969—Football player Tiaina “Junior” Seau, Jr. birthday, born San Diego, CA.
    1970 - The soundtrack to the film, "Easy Rider" earned a gold record, making it the first pop-culture, film soundtrack to earn the award.
    1971---Top Hits
My Sweet Lord/Isn’t It a Pity - George Harrison
Knock Three Times - Dawn
Lonely Days - Bee Gees
Rose Garden - Lynn Anderson.
    1971 -- Houston safety Ken Houston returns two interceptions for touchdowns in the Oilers' 49-33 victory over San Diego to set the NFL career record with nine touchdowns on interception returns. He also sets the single-season record with four interception return touchdowns.
    1971 - Ruby Keeler had her comeback in the play, "No, No Nanette", opening at the 46th Street Theatre in New York City. Keeler played Sue Smith in the revival of the 1925 musical. The show played for 861 performances.
    1972-Football Player Tyrone Wheatley, born Inkster, MI.
    1973 -- Yuba City, California labor contractor Juan V. Corona found guilty of murdering 25 itinerant farm workers he employed during 1970 - 1971.
    1974 - At South Ben, Indiana, Notre Dame ended UCLA’s 88-game winning streak. The Fighting Irish enjoyed a 71-70 basketball win over the Bruins of the University of California at Los Angeles.
    1974-The longest winning streak in college basketball history came to an end as Notre Dame defeated UCLA, 71-070, to snap the Bruin’s 88-game reign. Down by 11 points with less than four minutes to play, the Irish took the lead at 0.29 on Dwight Clay’s jump shot from the corner.
    1974-- Al Wilson's "Show and Tell" hits #1.
    1975-- Minnie Ripperton "Lovin' You" released.
    1978-Johnny Paycheck's cover of David Allan Coe's ode to workplace frustrations, "Take This Job and Shove It", reached the top spot on the Billboard Country chart. Although the song failed to crack the Pop chart Top 40, it still seems to be one that we all know and can relate to.
    1979---Top Hits
Too Much Heaven - Bee Gees
Le Freak - Chic
My Life - Billy Joel
Lady Lay Down - John Conlee
    1983 --Apple Chairman Steve Jobs and President John Sculley announced the Apple Lisa, slated for release in the spring of 1983. The Apple Lisa was a major milestone in user-friendly computing. Two years and $50 million later, the Apple Lisa was introduced. Unfortunately, Lisa's $12,000 price tag placed it out of the consumer market. Lisa's most successful graphical features were handed down to a new Apple computer in 1984, nicknamed "Lisa's Little Brother" — the Macintosh. The Mac, though not immediately successful, eventually changed user expectations about computing, prompting Microsoft to develop its own graphic user interface, Windows.
    1985—Lenny Wilkens became the first person in NBA history to play and coach in 1,000 games as his Seattle SuperSonics defeated the Cleveland Cavaliers, 106-105. Wilkens had played in 1,077 games in a career that ended in 1975.
    1987 - A storm tracking toward the northeastern U.S. produced up to 14 inches of snow in northern Indiana. Peru IN reported a foot of snow. Six cities in Florida reported new record high temperatures for the date. The afternoon high of 88 degrees at Miami equalled their record for the month of January.
    1987---Top Hits
Shake You Down - Gregory Abbott
C’est La Vie - Robbie Nevil
Open Your Heart - Madonna
What Am I Gonna Do About You - Reba McEntire
    1988 - A powerful storm hit the central U.S. producing blizzard conditions in the Central High Plains, and severe thunderstorms in the Lower Mississippi Valley. Snowfall totals ranged up to 36 inches at Wolf Creek Pass CO, with 31 inches at Elsmere NE. Tornadoes claimed five lives in Tennessee, and a tornado at Cullman AL injured 35 persons.
    1989 - The high temperature for the day at Fairbanks, AK, was a frigid 41 degrees below zero, and the morning low of 24 degrees below zero at Anchorage AK was their coldest reading in fourteen years.
    1990- Elizabeth M. Watson, became the first woman to head the police force of a major American city. Houston Mayor Kathryn Whitmire named Watson, who wore maternity "uniforms" and also became the first police chief to birth a baby while on active duty.
    1993-- Robert M Gates, ends term as 15th director of CIA.
    1993 - A pre-inaugural gala in Landover, Md., toasting incoming president Bill Clinton features a reunion of Fleetwood Mac performing ``Don't Stop (Thinking About Tomorrow),'' the unofficial campaign song for Clinton and his running mate, Al Gore. Other performers included Aretha Franklin, Barbra Streisand, Michael Jackson, Little Richard and Chuck Berry.
    1994- The Ninth Annual Rock and Roll Hall of Fame induction ceremonies are held in New York City. Inductees include The Animals, The Band, Duane Eddy, The Grateful Dead, Elton John, John Lennon, Bob Marley, and Rod Stewart.
    1994 -20ºF (-29ºC) (5 32 AM) coldest day ever recorded in Cleveland OH
    1994 -36ºF (-38ºC) in New Whiteland IN (state record)
    1996-Top Hits
On Bended Knee- Boyz II Men
Another Night- Real McCoy
Always- Bon Jovi
Take a Bow—Madonna
    1998-Hearn Broadcasts 3,000th Straight Game: Francis Dayle “Chick” Hearn, the only play-by-play announcer the Los Angeles Lakers have ever had, broadcast his 3,000th consecutive game when the Lakers hosted the Orlando Magic. Hearn’s streak began after he missed a game on November 20, 1965, because bad weather kept him from making an airplane flight.
    1999 -- In methodical, sometimes blunt fashion, White House Counsel Charles Ruff opens the defense case in President Bill Clinton's impeachment trial, saying there is no factual or constitutional basis to remove Clinton from office for his alleged misdeeds in the Monica Lewinsky affair.
    2000—Top Hits
What A Girl Wants- Christina Aguilera
I Knew I Loved You- Savage Garden
Smooth- Santana Featuring Rob Thomas
Back At One- Brian McKnight
    2001 --President Clinton admits wrongdoing, will not be indicted. The Whitewater special prosecutor closes down his investigations in a deal in which Clinton admitted make false testimony under oath about Monica Lewinsky, is barred from law practice for 5 years, and pays a $25'000 fine in return for being freed from the threat of being indicted.
    2006-- Major league baseball owners unanimously approve the November transaction in which Bob Castellini and two other Cincinnati businessmen bought control of the Reds from previous owner Carl Lindner. It is reported the trio, which includes investors Thomas Williams and William Williams Jr., acquired approximately 70 percent ownership of the oldest franchise in baseball history believed to be valued at an estimated $270 million.

Special Poem written by first-grade students in Room 3 at Lowell Elementary:

Peyton Manning

Long ago you were just a little boy,
A football came to be your favorite toy.

Your days seemed to fly by,
With daddy Archie and brothers Cooper and Eli.

High School in New Orleans and college in Tennessee,
You were the best quarterback anyone had ever seen.

Now you're with us,
Here in Indianapolis.

Our Colts leader so smart,
Doing good with your kind heart,
That's why the foundation had to start.

The PeyBack Foundation was a terrific decision,
Leadership and growth are part of its mission.

You said you grew up with a blessed life,
Others aren't lucky and have had strife.

But you're here with an excellent recommendation,
It's good to raise money for the PeyBack Foundation.
The PeyBack Classic, Holiday Happenings, Play it Smart, CASA,
Peyton's Pals, Handoff for Hunger and Peyton's Rally at Gasoline Alley, Varroom!

You're come a long way Peyton Manning,
As a person we find you absolutely outstanding

----

Students who participated in writing this poem:

Alleh Clark Ashleigh Pflum
Sophia Yowler Ms. Mercer
Natalie Garner Morgan Underwood
Erica Hernandez Jacob Grimes
Blake Reese Cammaria Nixon
Kaylee Sanders Chase Brown
Brian Wyatt Katrisha Steele
Paris Garnier Keenan Turner
Mrs. White Paula Fancher
Kadin Harris Savannah Hizer

more about PeyBack: http://www.peytonmanning.com/peyback/

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