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Wednesday, November 2, 2016
Today's Equipment Leasing Headlines
ELFA Meets With California Officials
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ELFA Meets With California Officials
A group from the Equipment Leasing and Finance Foundation met with California public policy officials regarding Finance Lenders License legislation, Senate Bill 197, discussed at length here in Leasing News. The comments are not “official.”
The surprise was the information gained by the ELFA committee, such as "California authorities did not initially understand why this has become such a big issue because Code of Regulations 1451 had prohibited doing business at all with unlicensed persons and they saw Senate Bill 197 as loosening the regulation for the benefit of licensees.”
And yes, "Under the authority of the CFLL, loans may not be brokered to anyone other than licensed lenders.”
"Further, a CFL-licensed broker must notify the Department and obtain the consent of the Department if the licensed broker intends to engage in business that is beyond the lending and brokering activity that falls under the jurisdiction of the Finance Lenders Law. Therefore, a licensed CFL broker must notify the Department if it will be engaging in the business of brokering loans to non-CFL licensees, such as banks and other exempt institutions, and obtain the consent of the Department. If the CFL-licensed broker intends to broker real estate loans to non-CFL licensees, the Department would want confirmation that the broker has a license from the Bureau of Real Estate to engage in this activity."
The take here is that a licensed lender wishing to do business with a non-licensed lender, including a bank, must so inform the CFLC as well as keep records for the annual report and occasional audit. It also says the permission is not needed in advance, but the licensed lender must write a letter to a specific person regarding each new "source" of non-licensed party.
Not answered, but assumed: a California unlicensed broker or lender can loan money (or capital lease) to a Michigan borrower without being licensed.
Leasing News Editor Tom McCurnin, who has followed SB 197 and written about it when it was first introduced, was asked for a comment.
"Under the authority of the CFLL, loans may not be brokered to anyone other than licensed lenders. However, loans may be brokered to exempt or excluded entities provided that licensees are not in violation of other laws (specifically, the Real Estate Law) when engaged in this activity. For loans brokered to non-CFLL entities, licensees should ensure that their paperwork does not represent that the loan is being made under the authority of the CFLL.
"While the comments of the Department of Business Oversight were interesting, relative to making it illegal to assign leases to non-licensed and non-exempt entities is interesting.
" Sometimes I wonder whether the agency heads understand California law. The case of Montgomery v. GCFS, Inc., 237 Cal. App. 4th 724 (2015) held that a licensed lender was not required to restrict assignments to only licensed lenders. In Montgomery, CashCall, a licensee, assigned a loan to GCFS a non-licensee. GCFS assigned the loan to Mountain Lion, a licensee. The issue was whether the first assignment to a non-CFL licensee was illegal. The California Court of Appeal held that "We conclude section 22340(a) does not prohibit a finance lender from selling consumer debt to a party other than an institutional investor or another finance lender."
"Granted, most of the leases-loans we deal with are commercial. The same rationale should apply here—the free transferability of leases and loans within the marketplace.
"Whether the licensee must advise the DBO of its activities, including assignments to non-licensees, is a separate issue, and I have no quarrel with the DBO requiring disclosure.
"However, based on current California law, the DBO has no authority to prohibit assignment to non-CFL lenders. Perhaps the DBO should get a legislative fix, but that is the status of the law as it currently stands."
The following was forwarded to ELFA members regarding the meeting (4 pages): http://leasingnews.org/PDF/ELFACaliforniaOfficials2016.pdf
Dallin Hawkins Served with $53,000 Default Judgement
This action comes from the third complaint on Integrity Financial Groups, Utah, involving Dallin Hawkins, dated November 28, 2012 (1). It involved Paul Jacobellis, Portland, Oregon, as broker who presented Good, Inc, Centralia, Washington. He was under the understanding that Hawkins was a lender, but found out later he was a broker, after the underwriting deposit had been wired to Hawkins. The Integrity Finance Groups’ proposal was signed August 1, 2012.
Jacobellis pursued getting the money back for his client for a transaction that never happened and assisted throughout a trial and following. A Default Judgement was rendered in Clark County, Washington for $53,842.88 on April 4, 2013.
To sum it up, he was arrested several times for drunk driving and or possession or use of a controlled substance, the latest February 9, 2016 (2) and then on parole. He contested the judgement. The judge on the case dismissed the defendant’s order to vacate the default judgment for improper service on Monday, October 31, 2016, after arguments, keeping the original default order of judgment in place against the defendant. Hawkins’ counsel was requested to respond to the supplemental order and provide a payment proposal or to be hauled into court for a debtor exam.
Hawkins recently has improved his website with testimonials (3), hired a public press release service to promote his articles on leasing (which it has, several appearing in Google News as well as LinkedIn, and he is advertising on www.debanked.com:
He has many other arrests in California and Utah, as well as Bulletin Board Complaints:
Please click on ad to learn more
Leasing Industry Ads---Help Wanted Opportunity
Sales Makes it Happen by Steve Chriest
Anyone who has ever lead a team of employees, or an organization, knows the feeling of doing or saying something that deflates the morale of an employee or an entire team. This can happen in any segment of the business, but the sales organization is particularly vulnerable to morale deflation from well-intentioned - and old style - reward programs.
The natural tendency of most sales managers is to reward top performers. Elite salespeople often receive large bonuses, free trips and other rewards in recognition of their superior performance. While it is critical to recognize and reward extraordinary sales performance, doing so at the exclusion of a reward program for improved performance, even by the least productive, but willing performers, can devastate the morale of a sales team.
When managing a team of sales professionals, it is advisable for managers to become familiar with Constraint Theory. A simple example is an easy way to explain the theory. If you are coaching a team of Girl Scout runners, and your team is racing against four other teams of Girl Scouts, at what precise moment does the winning team of scouts win the race? The answer: When the last scout on the winning team crosses the finish line.
The fastest team in the race, then, is as fast as its slowest runner. To create an even faster racing team, an inexperienced coach might be tempted to spend the majority of coaching time on the team's fleetest runners.
Constraint Theory teaches that improvement occurs only when constraints are eased or eliminated. It may be true that additional coaching might help fast runners become even faster, but coaching the slowest members of the team, and gaining even moderate improvement in their performance, will result in an overall faster team performance!
Neglecting what someone once called the "mighty middle" can be disastrous for a company. Not only does the company's attrition rate increase dramatically as middle performers sense that they are being ignored, but competitors gain an opportunity to develop these experienced salespeople who, after all, had the self-confidence and motivation to seek out employers who value their potential.
Becoming familiar with Constraint Theory is important for any sales manager. Understanding the theory brings sales managers to the realization that the only thing worse than losing all your top talent is losing your "mighty middle." Working hard to improve the less talented, less productive - but willing - team members will make the most difference in the team's overall performance.
Steve Chriest is the CEO of Open Advance and author of “Selling to the E-Suite, The Proven System for Reaching and Selling Senior Executives and Business Acumen 101.” He recently re-named his company from Selling-Up. He produces video and radio blogs, as well as continuing as a columnist for Leasing News since 2005.
Ralph P. Mango
DocuSign Introduces Payment at Signing
Electronic signature firm DocuSign has been around since 2003. It allows parties to contracts to sign from their computers, and later, from mobile devices. But users couldn’t pay at the time of signing — that required following up.
Today, DocuSign introduced payment at signing, as well as partnerships with Android Pay, Apple Pay, Visa, Mastercard and (soon) PayPal. A step in the process that was manual and often involved paper checks can now be digital — provided the other party in the contract is able to accept the payment.
Payment at signing will be released in early 2017. DocuSign has $3 billion in funding, according to Crunchbase.
NACM Numbers Slightly Lower: 53.7 Sept to 53.5 Now
Although not a big change, “it is always significant to move out of the contraction zone."
“There was not the big jump seen in the last month, but there is still some progress,” said NACM Economist Chris Kuehl, Ph.D. “That would seem to set up a better end to the year and perhaps a better start to 2017 than would have been expected a few months ago.”
The combined CMI slipped from 53.7 in September to 53.5—close to what it has been for the year. The index of favorable factors, which was at year-long highs in September, fell back a bit (59.5 to 58.4) to about where they have been all year. The index of unfavorable factors improved a little as it went from 49.9 to 50.3. Although not a big change, “it is always significant to move out of the contraction zone,” Kuehl said.
“These are really good numbers and suggest that the best clients are asking for some substantial levels of credit to buy machines and inventory,” Kuehl explained.
October, 2016 Report (7 pages)
##### Press Release ############################
Ascentium Capital Closes $271 Million Securitization
KINGWOOD, TX, –Ascentium Capital issued a $271 million small ticket equipment securitization of Ascentium Equipment Receivables LLC, Series 2016‐2.
“This securitization provides our organization with additional opportunities to meet our growth initiatives,” commented Tom Depping, Chief Executive Officer at Ascentium Capital. This securitization represents the company’s sixth securitization since 2012 and includes both Moody’s Aaa and Fitch AAA ratings. The ratings are accredited to key performance indicators including the overall quality of the finance contracts, strong performance, as well as the tenured experience of the Ascentium Capital’s executive team.
As a direct lender, Ascentium Capital specializes in providing business financing, leasing, and loans for equipment manufacturers and distributors as well as direct to businesses nationwide. For more information, please visit www.AscentiumCapital.com.
### Press Release ############################
Border Collie/Labrador Retriever
NKLA [No-Kill Los Angeles] is an initiative led by Best Friends Animal Society, to turn Los Angeles into a no-kill city by the year 2017.
Adopt a Pet
Attorneys Who Specialize in
Borrower or Fraudster?
Record $1.3 Billion Judgement Against Defendants
Former Chairman of Failed Premier Bank,
VW's Switch to Electric Cars to Cost Over 10,000 Jobs
Banks Are Hoarding $2.4 Trillion of Bonds
Oh, the things you could do with the enormous cash pile!
Venture Debt, Also Known as Venture Lending
WHY BASEBALL WALTZES WITH LETTERS
by Tim Peeler
A Faulkner sentence is an extra inning game, Simply and finally playing through its Will and exhaustion.
Third Base Coach signals are ee cummings poems-
The prisons play contests of Bukowski prose,
Weird killers load the bases at a
Although Poe would never sit through nine,
Finally, Wolfe who wrote slugfest
--- with the permission of the author, from his
“Waiting for Godot's First Pitch”
available from Amazon or direct from the publisher at: www.mcfarlandpub.com
Top surprises, disappointments midway through the 2016 NFL season
ESPN Loses 621,000 Subscribers; Worst Month in Company History
World Series Game 5 crushed 'Sunday Night Football' in TV ratings
California Nuts Briefs---
BART janitor grossed $270K in pay and benefits last year
‘Pit stop’ toilets for homeless cost $11 a flush. Is it worth it?
Millennium Tower resident posts video of rolling marble to demonstrate building's tilt
Highway 1: The ultimate Sonoma coast road trip
12 beautiful places to stay in Oregon wine country
Custom Crush Winery Opens in Sonoma
This California Winery Is Making Your Mom’s Favorite Wine Cool Again
Napa County moves to resolve Angwin growth issues
Free Mobile Wine Program
Wine Prices by vintage
US/International Wine Events
Leasing News Wine & Spirits Page
This Day in American History
1675 – Plymouth Colony governor Josiah Winslow led a colonial militia against the Narragansett Indians during King Philip’s War. This was an armed conflict between Native Americans of present-day New England and English colonists and their Native American allies in 1675–78. The war is named for the main leader of the Native American side, Metacomet, who had adopted the English name "King Philip" in honor of the previously-friendly relations between his father and the original Mayflower Pilgrims.
1734 - Birthday of Daniel Boone (Boon) (d. 1820) at Berks County, near Reading, PA. American frontiersman, explorer and militia officer, he is credited with the exploration and growth of Kentucky, working for the Pennsylvania Company. In February, 1778, he was captured at Blue Licks, KY, by Shawnee Indians, under Chief Blackfish, who adopted Boone when he was inducted into the tribe as “Big Turtle.” Boone escaped after five months, and, in 1781, was captured briefly by the British. Despite Walt Disney’s version, he had no legal title to the lands he explored and he retired to Missouri. He experienced a series of personal and financial disasters during his life, but continued a rugged existence, hunting until his 80s. The bodies of Daniel Boone and his wife, Rebecca, were moved to Frankfort, KY, in 1845. What made him popular in history was his autobiography: “The Adventures of Colonel Daniel Boon (that’s the way he spelled his name,) formerly a hunter, containing a narrative of the Wars of Kentucky.”
1749 – Ohio Company formed its first post at Oldtown, Maryland colony. Formally known as the Ohio Company of Virginia, this was a land speculation company organized for the settlement by Virginians of the Ohio Country (approximately the present state of Ohio) and to trade with the Native Americans. The company had a land grant from Britain and a treaty with Indians, but France also claimed the area, and the conflict helped provoke the outbreak of the French and Indian War. The conflicting land claims of the Ohio Country ceded by the King through Virginia Governor Dinwiddie included, in Dinwiddie's opinion, the "forks of the Monongahela," (present-day Pittsburgh). In addition to the Pennsylvania colonial government claims of this territory, the French were fighting for and occupying much of the Ohio Valley, most notably at Fort Duquesne. Dinwiddie responded by sending a military unit under the command of George Washington to the region, which led to the outbreak of the War. Washington’s brothers Lawrence and Augustine were among the Company founders.
1776 - William Demont (or Dement), traitor to the American cause during the Revolutionary War, deserted and notified the British of the position of Fort Washington (now the Washington Heights neighborhood in New York City). He enabled the British General Sir William Howe to conquer the fort with a force of 8,900 men on November 16, 1776. They captured 2,818 American officers and men, 43 guns, and 2,800 muskets. Demont was a member of the 5th Pennsylvania Battalion, who was appointed adjutant in Colonel Robert Magraw’s battalion on February 29, 1776. http://www.geocities.com/nhfortress/Fort_Washington/history.html
1783 - By the end of the American Revolution, some 100,000 Loyalists had fled the U.S. Also known as Tories, they had suffered various penalties for their loyalty to the Crown, including confiscation of property, removal from public office, and punitive taxation. Probably no more than 10% of the colonials were Tories, who were generally well-to-do, engaged in commerce or the professions, or public officials. Many fled to Canada, some to England. Some returned after the war. Many, however, had remained behind. After the conflict many were able to recover at least some of their confiscated property. Many of those who had fought alongside with the British were granted land in Canada.
1783 - Gen. George Washington issued his "Farewell Address to the Army" near Princeton, N.J.
1795 - Birthday of James Knox Polk (d. 1849), the 11th president of the US, at Mecklenburg County, NC. His term of office: Mar 4, 1845—Mar 3, 1849. A compromise candidate at the 1844 Democratic Party convention, Polk was awarded the nomination on the ninth ballot. He declined to be a candidate for a second term and declared himself to be “exceedingly relieved” at the completion of his presidency. He died shortly after leaving office.
1810 - A 7-inch snowfall in New York City permitted very early sleighing in the city streets.
1820 - The Revenue cutter Louisiana captured five pirate vessels during a cruise from Florida to Cuba.
1824 - The first popular vote in a presidential election took place when 356,038 votes were cast for four candidates. This was also the first election in which the final decision was made by the House of Representatives because none of the candidates won a majority of electoral votes. Although Andrew Jackson received a greater share of both the popular and the electoral vote than the runner-up, John Quincy Adams, a deal was struck to give Adams the electoral votes of Henry Clay, another candidate. Adams thereby acquired enough votes to be declared the winner.
1846 - Donner Party crossing the Sierra stopped for the evening and were trapped by a snowstorm. Many of the party survived by eating the flesh of the dead. 40 of the 87 people in the Donner party died. They remained snowbound until February.
1852 - Franklin Pierce was elected President over Gen. Winfield Scott, who ran as a Whig. In 1852, the U.S. Congress passed a resolution giving Scott the pay and rank of a lieutenant general. Scott was the first to hold this rank since George Washington.
1861 – Captain Nathaniel Gordon became the only person in U.S. history to be executed for slave-trading. He was also considered a pirate.
1861 - Controversial Union General John C. Fremont is relieved of command in the Western Department and replaced by David Hunter. Fremont’s actions in Missouri fueled secessionist spirit and alienated many Northerners who were unwilling to wage a war to end slavery. Lincoln requested privately that Fremont rescind the order, but he refused. Lincoln had no choice but to negate the order of emancipation and remove Fremont from command in the west. Fremont still had many supporters, so Lincoln placed him in charge of a small army in Virginia. Some Republican allies urged Fremont to challenge Lincoln for the 1864 presidential nomination, but Fremont declined. After the war, he served as territorial governor of Arizona and died in New York in 1890.
1862 - Mary Todd Lincoln corresponded with her husband advising him of popular sentiment against cautious General in Chief of the Federal Army George B. McClellan. Contrary to popular belief, Mrs. Lincoln was a close confidante and the love of Lincoln’s life. He was to let McClellan go in favor of U.S. Grant, which also led to McClellan running as the Democratic opponent against him for President.
(Lower half: http://memory.loc.gov/ammem/today/nov02.html )
1865 - Birthday of Warren Gamaliel Harding (d. 1923) at Corsica, OH. Twenty-ninth President of the US, his term of office: Mar 4, 1921 - Aug 2, 1923 (died in office). His undistinguished administration was tainted by the Teapot Dome scandal, and his sudden death while on a western speaking tour in San Francisco, CA prompted many rumors. He was a well-known womanizer of his time, and his election was right after women were given the right to vote. The saying in Washington, DC, “We gave the women the right to vote and they picked handsome Warren G”. He was said to bring women into the White House, on trips, and died of heart attack as his wife was treating him for exhaustion with an electronic device they purchased in San Francisco.
1880 - James A. Garfield was elected 20th president. During the Civil War, Garfield was a commander at the bloody fight at Chickamauga. The election was close, with Republican Garfield getting 48.27% to Democrat Winfield Hancock‘s 48.25% and a difference of less than 2,000 votes. Garfield was shot by a disgruntled office seeker four months into his presidency. Guiteau deemed his contribution to Garfield's victory sufficient to justify the position of consul in Paris, despite the fact he spoke no French, nor any foreign language. White House officials referred him to Sec of State Blaine, as the consulship was within the Department of State. Guiteau pressed his claim, and Blaine told him he would not receive the position. Guiteau concealed himself by the ladies' waiting room at Baltimore’s 6th St Station from where Garfield was scheduled to depart. Most of Garfield's cabinet planned to accompany him at least part of the way; Blaine, who was to remain in Washington, came to the station to see him off. The two men were deep in conversation and did not notice Guiteau before he took out his revolver and shot Garfield twice, once in the back and once in the arm. Although he would show signs of recovery, he finally died on Sept 18 at the New Jersey seaside home to which he was brought to convalesce. Giteau was convicted and executed on June 30, 1882.
1881 – The American Association was formed as a major league in professional baseball. The members are the Brooklyn Atlantics, Cincinnati Red Stockings, Louisville Colonels, Philadelphia Athletics, Pittsburgh Alleghenys, and St. Louis Brown Stockings. Brooklyn was replaced by the Baltimore Orioles before the start of the first season.
1889 - North Dakota and South Dakota were admitted into the Union as the 39th and 40th states, the first time that two states simultaneously became a part of the United States. President Benjamin Harrison had a problem with admitting the two states on the same day. Which one would be first? He decided it was easier to mix up the admissions papers so no one would know and just list the states alphabetically. That’s why North Dakota is the 39th and South Dakota is the 40th of the United States of America. The Dakotas took their name from the Sioux Indian word for ’ally’, although the settlers and the Sioux weren’t always allies (Battle of Wounded Knee). Those searching for a route to the Pacific Ocean settled in South Dakota, Ft. Pierre being the first permanent white settlement. Pierre remains the capital of South Dakota. Bismarck is the capital of North Dakota. Both states are still essentially rural and agricultural. The western meadowlark and the ring-necked pheasant, the North and South Dakota state birds, respectively, still fly over the vast meadowlands. North Dakota’s flower is the wild prairie rose, while the pasque flower holds that title in South Dakota. North Dakota, home of several major air bases and intercontinental ballistic missile sites, is known as the Peace Garden State, while its more southern counterpart is called the Coyote State.
1895 – Years before Henry Ford’s cars began being manufactured, the first gasoline-powered race in the United States took place with first prize of $2,000.
1898 - University of Minnesota student Johnny Campbell directed a crowd in cheering "Rah, Rah, Rah! Ski-u-mah, Hoo-Rah! Hoo-Rah! Varsity! Varsity! Varsity, Minn-e-So-Tah!", making Campbell the very first cheerleader and November 2, 1898 the official birth date of organized cheerleading. Soon after, the University of Minnesota organized a "yell leader" squad of six male students, who still use Campbell's original cheer today. In 1903 the first cheerleading fraternity, Gamma Sigma, was founded.
1902 - San Francisco’s China Town was amazed to see an 18-year-old petite girl give a rousing ovation against the foot binding of women, their arranged marriages and forced illiteracy. Sien King King became a member of the Chinese bachelor society and continued her battle for feminism. She believed the repressive actions against women prevented the Chinese from advancing in the U.S. (and the world).
1908 - Trumpet player Bunny Berigan (d. 1942) birthday, born Roland Bernard Berigan, Hilbert, WI.
1911 - Birthday of Johnny Richards (d. 1968) in Toluca, Mexico, jazz composer-arranger.
1913 – Burt Lancaster (d. 1994) was born in Manhattan. Lancaster was nominated four times for Academy Awards and won once for “Elmer Gantry” in 1960. He also won a Golden Globe for that performance and BAFTA Awards for “The Birdman of Alcatraz” (1962) and “Atlantic City” (1980). His production company was the most successful and innovative of star-driven independent production companies in Hollywood in the 1950s, making movies such as “Marty” (1955), “Trapeze” (1956), “Sweet Smell of Success” (1957), and “Separate Tables” (1958). In 1999, the AFI named Lancaster 19th among the greatest male stars of classic Hollywood cinema.
1917 - The Balfour Declaration proclaimed British support for the "establishment in Palestine of a national home for the Jewish people" with the clear understanding "that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities".
1914 – Johnny Vander Meer (d. 1997) was born in Prospect Park, NJ. He is the only pitcher in Major League history to throw consecutive no-hitters, blanking the Boston Bees and Brooklyn Dodgers in June, 1938.
1920 - Warren G. Harding was elected 29th president. He defeated James Cox. The electoral vote was Harding, 404; Cox, 127. The popular vote was Harding, 16,152,200; Cox, 9,147,353. The election campaign was primarily a referendum on the Wilson presidency and the League of Nations. Cox supported it fully, while Harding did not make his position clear. Harding supported prohibition and Cox opposed it. Cox ran a vigorous campaign, while Harding ran a mostly a front porch campaign. Cox's efforts and that of his hard campaigning Vice Presidential candidate had little effect. Ultimately, the weariness of the nation determined the election in favor of Harding, who obtained an overwhelming victory. The Republicans increased their majorities in both houses, leasing 59-37 in the Senate and 301-131, with one minor party seat and two vacancies, in the House.
1920 – KDKA, Pittsburgh, PA started broadcasting as the first commercial radio station. The first broadcast is the result of the Presidential election of 1920.
1923 - Birthday William Robert (Billy) Haughton (d. 1986), standard bred driver and trainer, at Gloversville, NY. Haughton won nearly 4,900 races in his career. Along with Stanley Dancer, he dominated the New York trotting scene in the 1950s and then moved on to a national career. He suffered severe head injuries in a three-horse accident at Yonkers Raceway and died at Valhalla, NY, July 15, 1986.
1926 - The first Senate election in which neither candidate was seated after a recount was the election in Pennsylvania. William Bauchop Wilson, a Democrat, was narrowly defeated by William Scott Vare, a Republican who presented his credentials as senator-elect for the term beginning March 4, 1927. The Senate, on December 6, 1929, decided by a vote of 58-22 that Vare was not entitled to the seat due to charges of corruption and fraud concerning his election. Governor John Stuchell Fisher, appointed Joseph Ridway Grunday, a Republican, to the vacant seat. Grundy served from December 11, 1929 to December 1, 1930. He was unsuccessful for the nomination of this office after being accused of contributing $400,000 to the former incumbent Senator Pepper, who had been defeated by Vare.
1929 – Amar Bose (d. 2013) was born in Philadelphia. An electrical and sound engineer, he was a professor at MIT for over 45 years. He was also the founder and chairman of Bose Corporation. In 2011, he donated a majority of the company to MIT in the form of non-voting shares to sustain and advance MIT’s education and research mission.
1931 - Birthday of alto saxophonist Phil Woods (d. 2015), Springfield, MA.
1936 - The Basie Band splits for Kansas City for points East and Worldwide fame. "Goin' to Chicago, Sorry I Can't Take You." Little Jimmy Rushing.
1938 – Jay Black, lead singer of Jay and the Americans, was born David Blatt in New York City, growing up in Borough Park, Brooklyn. He was the second, and more widely known Jay to lead the group, the first being Jay Trainor.
1938 – Hall of Famer Jimmie Foxx won his third AL MVP.
1942 - Birthday of Shere Hite, author and researcher. Her best known work, “The Hite Report,” one of the pioneer works on the realities of women's sexuality.
1942 - WILKINS, RAYMOND H., (Air Mission) Medal of Honor
Rank and organization: Major, U.S. Army Air Corps. Place and date: Near Rabaul, New Britain, 2 November 1943. Entered service at: Portsmouth, Va. Born: 28 September 1917, Portsmouth, Va. G.O. No.: 23, 24 March 1944. Citation: For conspicuous gallantry and intrepidity above and beyond the call of duty in action with the enemy near Rabaul, New Britain, on 2 November 1943. Leading his squadron in an attack on shipping in Simpson Harbor, during which intense antiaircraft fire was expected; Maj. Wilkins briefed his squadron so that his airplane would be in the position of greatest risk. His squadron was the last of 3 in the group to enter the target area. Smoke from bombs dropped by preceding aircraft necessitated a last-second revision of tactics on his part, which still enabled his squadron to strike vital shipping targets, but forced it to approach through concentrated fire, and increased the danger of Maj. Wilkins' left flank position. His airplane was hit almost immediately, the right wing damaged, and control rendered extremely difficult. Although he could have withdrawn, he held fast and led his squadron into the attack. He strafed a group of small harbor vessels, and then, at low level, attacked an enemy destroyer. His 1,000 pound bomb struck squarely amidships, causing the vessel to explode. Although antiaircraft fire from this vessel had seriously damaged his left vertical stabilizer, he refused to deviate from the course. From below-masthead height he attacked a transport of some 9,000 tons, scoring a hit which engulfed the ship in flames. Bombs expended, he began to withdraw his squadron. A heavy cruiser barred the path. Unhesitatingly, to neutralize the cruiser s guns and attract its fire, he went in for a strafing run. His damaged stabilizer was completely shot off. To avoid swerving into his wing planes he had to turn so as to expose the belly and full wing surfaces of his plane to the enemy fire; it caught and crumpled his left wing. Now past control, the bomber crashed into the sea. In the fierce engagement Maj. Wilkins destroyed 2 enemy vessels, and his heroic self-sacrifice made possible the safe withdrawal of the remaining planes of his squadron.
1944 - During the day, the US 8th Air Force attacks the Leuna synthetic oil plant at Merseburg. The Americans claim 183 German fighters (including 4 jets) destroyed for the loss of 40 bombers and 28 fighters (including losses to antiaircraft defenses). During the night, Bomber Command attacks Dusseldorf with 992 bombers as well as sending smaller forces to strike other targets. A total of 20 planes are reported lost in all operations.
1944 - BOLTON, CECIL H., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, Company E, 413th Infantry, 104th Infantry Division. Place and date: Mark River, Holland, 2 November 1944. Entered service at: Huntsville, Ala. Birth: Crawfordsville, Fla. G.O. No.: 74, 1 September 1945. Citation: As leader of the weapons platoon of Company E, 413th Infantry, on the night of 2 November 1944, he fought gallantly in a pitched battle which followed the crossing of the Mark River in Holland. When 2 machineguns pinned down his company, he tried to eliminate, with mortar fire, their grazing fire which was inflicting serious casualties and preventing the company's advance from an area rocked by artillery shelling. In the moonlight it was impossible for him to locate accurately the enemy's camouflaged positions; but he continued to direct fire until wounded severely in the legs and rendered unconscious by a German shell. When he recovered consciousness he instructed his unit and then crawled to the forward rifle platoon positions. Taking a two-man bazooka team on his voluntary mission, he advanced chest deep in chilling water along a canal toward 1 enemy machinegun. While the bazooka team covered him, he approached alone to within 15 yards of the hostile emplacement in a house. He charged the remaining distance and killed the 2 gunners with hand grenades. Returning to his men he led them through intense fire over open ground to assault the second German machinegun. An enemy sniper who tried to block the way was dispatched, and the trio pressed on. When discovered by the machinegun crew and subjected to direct fire, 1st Lt. Bolton killed 1 of the 3 gunners with carbine fire, and his 2 comrades shot the others. Continuing to disregard his wounds, he led the bazooka team toward an 88-mm. artillery piece which was having telling effect on the American ranks, and approached once more through icy canal water until he could dimly make out the gun's silhouette. Under his fire direction, the two soldiers knocked out the enemy weapon with rockets. On the way back to his own lines he was again wounded. To prevent his men being longer subjected to deadly fire, he refused aid and ordered them back to safety, painfully crawling after them until he reached his lines, where he collapsed. 1st Lt. Bolton's heroic assaults in the face of vicious fire, his inspiring leadership, and continued aggressiveness even through suffering from serious wounds, contributed in large measure to overcoming strong enemy resistance and made it possible for his battalion to reach its objective.
1946 - A three-day snowstorm began at Denver, CO. By the time it ended had dropped 31 inches of snow on the city, the second greatest snowfall ever.
1947 - The mammoth flying boat Hercules, then the world’s largest airplane, was designed, built and flown (once) by Howard Hughes. Its first and only flight was about one mile and at an altitude of 70 feet over Long Beach Harbor, CA. The $25 million, 200-ton plywood craft was nicknamed the “Spruce Goose.” It is now displayed near the Queen Mary at Long Beach, CA.
1948 - When Harry S Truman went to bed, he was losing the election for President to Thomas E. Dewey. "Chicago Daily Tribune" printers were out on strike and getting the newspaper to readers was no simple task. To make a long story short, the editors had to guess at the outcome of the election and picked/printed the wrong person to win. Upon arising the next morning, Truman learned he had won. On a short train stop in St. Louis, he stepped onto the back platform of the train and was presented with one of the newspapers with the infamous headline, “DEWEY DEFEATS TRUMAN.” It was at that moment that the famous photo of Truman holding up the paper was taken. When asked to comment, Truman said “This is for the books.”
1949 - Top Hits
“That Lucky Old Sun” - Frankie Laine
“You’re Breaking My Heart’ - Vic Damone
“I Can Dream, Can’t I?” - The Tommy Dorsey Orchestra (vocal: Jack Leonard)
“Slipping Around” - Margaret Whiting & Jimmy Wakely
1950 - VAN WINKLE, ARCHIE, Medal of Honor
Rank and organization: Staff Sergeant, U.S. Marine Corps Reserve, Company B, 1st Battalion, 7th Marines, 1st Marine Division (Rein.). Place and date: Vicinity of Sudong, Korea, 2 November 1950. Entered service at: Arlington, Wash. Born: 17 March 1925, Juneau, Alaska. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a platoon sergeant in Company B, in action against enemy aggressor forces. Immediately rallying the men in his area after a fanatical and numerically superior enemy force penetrated the center of the line under cover of darkness and pinned down the platoon with a devastating barrage of deadly automatic weapons and grenade fire, S/Sgt. Van Winkle boldly spearheaded a determined attack through withering fire against hostile frontal positions and, though he and all the others who charged with him were wounded, succeeded in enabling his platoon to gain the fire superiority and the opportunity to reorganize. Realizing that the left flank squad was isolated from the rest of the unit, he rushed through 40 yards of fierce enemy fire to reunite his troops despite an elbow wound which rendered 1 of his arms totally useless. Severely wounded a second time when a direct hit in the chest from a hostile hand grenade caused serious and painful wounds, he staunchly refused evacuation and continued to shout orders and words of encouragement to his depleted and battered platoon. Finally carried from his position unconscious from shock and from loss of blood, S/Sgt. Van Winkle served to inspire all who observed him to heroic efforts in successfully repulsing the enemy attack. His superb leadership, valiant fighting spirit, and unfaltering devotion to duty in the face of heavy odds reflect the highest credit upon himself and the U.S. Naval Service.
1954 - The first US Senator elected by a write-in vote was James Strom Thurmond, Democrat of South Carolina. For the term ending January 3, 1961, Thurmond received 139,106 votes, defeating Edgar Brown, the official candidate of the Democratic Party, who received 80,956 votes. Thurmond represented South Carolina in the Senate from 1954 until 2003, at first as a Democrat and, after 1964, as a Republican.
1955 - Julie London's first pop song, a sultry version of "Cry Me a River," made its appearance on the charts. The song spent 5 months on the charts, but only reached #9 at its peak. Julie is the former wife of Dragnet’s Jack Webb and songwriter/trumpeter Bobby Troup.
1955 - Tennessee Ernie Ford's "Sixteen Tons" first appears on the charts. It will become one of the biggest selling singles of its time.
1956 - A riot breaks out at Fats Domino's show in Fayetteville, NC, with police resorting to tear gas to break up the unruly crowd. Fats jumps out of a window to avoid the melee; he and two other band members are slightly injured.
1957 - Top Hits
“Jailhouse Rock” - Elvis Presley
“You Send Me” - Sam Cooke
“Silhouettes” - The Rays
“Wake Up Little Susie” - The Everly Brothers
1958 - The Chicago Bears and the Los Angeles Rams set an NFL single-game attendance record as 90,833 fans watched the Rams beat the Bears, 41-35, at the Los Angeles Coliseum.
1958 - "Billboard" magazine introduced a new chart ranking top singles, in order, from number 1 to 100. Before this invention, only 30 records were on weekly hit lists.
1959 - Charles Van Doren, when questioned about winning $129,000 on a television quiz show, told a congressional investigation committee that he was given the answers in advance by program staff members. His testimony was the most dramatic to date in the ongoing investigation of quiz show scandals. Van Doren had been a low-salaried college assistant professor who appeared on the show “Twenty-One.” It was revealed that rigging was prevalent on many television quiz shows during the early 1950s in order to boost viewer ship. Van Doren benefited from the rigging not only by receiving the huge amount of money, but by later earning a regular spot on the “Today” television show.
1960 – Publishing company Penguin Books was found not guilty of obscenity in the trial R v. Penguin Books Ltd., the “Lady Chatterley’s Lover” case. Sales of the controversial novel took off.
1961 - The temperature at Atlanta, GA, reached 84 degrees to establish a record for November.
1962 - The missile bases in Cuba were being dismantled, President Kennedy reported to the nation, adding that “progress is now being made toward restoration of peace in the Caribbean.”
1962 - Elvis Presley film “Girls! Girls! Girls!'' premieres.
1963 - Following the overthrow of his government by South Vietnamese military forces the day before, President Ngo Dinh Diem and his brother are captured and killed by a group of soldiers. The deaths of Diem caused celebration among many people in South Vietnam, but also lead to political chaos in the nation. Diem was perceived as an impediment to the accomplishment of U.S. goals in Southeast Asia. His increasingly dictatorial rule only succeeded in alienating most of the South Vietnamese people, and his brutal repression of protests led by Buddhist monks during the summer of 1963 convinced many American officials that the time had come for Diem to go. Three weeks later, an assassin shot President Kennedy. By then, the United States was more heavily involved in the South Vietnamese quagmire than ever.
1963 - The Beach Boys' "Be True To Your School" is released.
1963 - Dion angrily walked off the set of the British ITV television program “Ready Steady Go!” in the middle of performing his hit "Donna the Prima Donna," claiming the go-go dancers surrounding him during the song were distracting.
1963 - Reviewing the Beatles' concert the night before in Cheltenham, England, the British paper Daily Mirror uses the headline "Beatlemania!" effectively inserting the phrase into the popular consciousness for the first time.
1964 – CBS became the first corporate owner of a Major League team, buying 80% of the New York Yankees for $11,200,000. They would proceed to oversee the worst period of Yankees history, and sold the team in 1973 to a syndicate headed by George Steinbrenner for under $10 million. Under CBS ownership, the Yankees never made the post season and only once finished as high as fourth in a season.
1965 - Top Hits
“Yesterday” - The Beatles
“A Lover’s Concerto” - The Toys
“Get Off of My Cloud” - The Rolling Stones
“Hello Vietnam” - Johnny Wright
1965 – Norman Morrison, a 31-year-old Quaker, set himself afire in front of the river entrance to the Pentagon to protest the use of napalm in the Vietnam War.
1966 - The Cuban Adjustment Act allowed 123,000 Cubans the opportunity to apply for permanent residence in the United States.
1967 - President Johnson and "The Wise Men" concluded that the American people should be given more optimistic reports on the progress of the war, regardless of reality. When this ruse was unmasked in 1968 by Walter Cronkite, after his visit to Viet Nam to report on the Tet Offensive, President Johnson was said to have uttered these famous words, “If I’ve lost Cronkite, I’ve lost Middle America.” It was not long thereafter that Johnson decided not to run for re-election.
1968 - Another Stevie Wonder hit went on sale, "For Once in My Life" would reach #2 on the pop charts on December 28, 1968.
1968 - Cream is presented with a platinum album for “Wheels of Fire” at the Madison Square Garden stop of their farewell tour.
1969 - The Rolling Stones quasi-documentary “Sympathy for the Devil,” directed by Jean-Luc Godard, premieres in San Francisco.
1971 - No. 1 Billboard Pop Hit: “Gypsys, Tramps & Thieves,'' Cher. It was her first chart-topper as a solo artist in the US. The single was certified Gold by the RIAA for its sales of over 1 million copies.
1973 - Top Hits
“Midnight Train to Georgia” - Gladys Knight & The Pips
“Keep on Truckin’” - Eddie Kendricks
“Paper Roses” - Marie Osmond
“We’re Gonna Hold On” - George Jones & Tammy Wynette
1974 - "The Way We Were" by Barbra Streisand topped the charts and stayed there for 3 weeks.
1974 - Three Dog Night's next to last chart record, "Play Something Sweet" enters The Hot 100 where it will peak at number 33. August of 1975 would see the end of their eight years as hit makers when "Til the World Ends" would reach number 32.
1974 - Even though he was the one who was the most opposed to touring in the final years of The Beatles, George Harrison became the first to set out on a solo tour when he appeared in Vancouver, Canada with Billy Preston. It will be a troublesome show for him as his voice is ravaged after LP sessions and tour rehearsals. The concert and the rest of the tour played in front of thin crowds.
1976 - James Earl “Jimmy” Carter, Jr., was elected President of the United States. Walter F. Mondale was elected Vice President. The electoral vote was Carter 297; Pres. Ford, 240. The popular vote was Carter, 40,828,929, Ford, 39,148,940. In congressional elections, the Democrats kept a 2-1 Senate majority, 61-38, with one seat going to an independent, and House majority of 292-143.
1981 - Top Hits
“Arthur’s Theme” (“Best That You Can Do”) - Christopher Cross
“Start Me Up” - The Rolling Stones
“Private Eyes” - Daryl Hall & John Oates
“Never Been So Loved” (“In All My Life”) - Charley Pride
1983 - President Ronald Reagan signs a bill establishing Martin Luther King, Jr., Day.
1984 - After a judge rules that he shot in self-defense, The Reverend Marvin Gay Sr. is given only five years’ probation for killing his son, Marvin Gaye. (Marvin added an "e" to his stage name) Ironically, it was Marvin Jr. who had given his father the .38 revolver used in the killing.
1985 – With his new single, "Part-Time Lover," topping the charts, Stevie Wonder becomes the artist with the longest period between Number Ones: 22 years. This song also sets a record by going to #1 on five different Billboard charts. Winning this spot makes Wonder the first artist to have a single on five different Billboard charts: the Hot 100, Hot Black Singles, Hot Adult Contemporary, Hot Dance/Disco Club Play and Hot Dance/Disco 12-inch Singles.
1985 - For the second time in television history, a soundtrack LP from a television show topped the album charts. "Miami Vice," with a title track by Jan Hammer, spent 11 nonconsecutive weeks at #1. The only other television soundtrack to hit #1 was Henry Mancini’s "Peter Gunn" in 1959.
1985 - "I Want to Know What Love Is" by Foreigner topped the charts and stayed there for 2 weeks.
1989 - Top Hits
“Miss You Much” - Janet Jackson
“Sowing the Seeds of Love” - Tears For Fears
“Listen to Your Heart” - Roxette
“High Cotton” – Alabama
1989 - Squalls in the Upper Great Lakes Region the first three days of the month buried Ironwood, MI under 46 inches of snow, and produced 40 inches at Hurley, WI. Arctic cold invaded the Southern Plains Region. Midland, TX reported a record low of 22 degrees.
1991 - Karyn White’s "Romantic" hit #1 for one week on the "Billboard Hot 100" chart.
1993 - Christine Todd Whitman was elected the first woman governor of New Jersey.
1994 - Top Hits
“I'll Make Love To You”- Boyz II Men
“All I Want to Do”- Sheryl Crow
“Another Night”- Real McCoy
1995 - The immensely popular Seinfeld episode, "The Soup Nazi," first aired on NBC.
1995 - The TV music show “Soul Train” celebrates 25 years on the air with appearances by Al Green, Bill Withers, Diana Ross and Patti LaBelle.
1997 - Denver QB John Elway accounted for 276 total yards in a 30-27 victory over the Seattle Seahawks, bringing his career total to 50,273 yards. He was the third player in NFL history -- after Dan Marino and Fran Tarkenton -- to reach the 50,000 plateau.
1999 - Top Hits
“Smooth” - Santana Featuring Rob Thomas
“Satisfy You” - Puff Daddy Featuring R. Kelly
“Heartbreaker” - Mariah Carey Featuring Jay-Z
“Mambo No. 5” (“A Little Bit Of...”) - Lou Bega
1999 - NBA.com TV, a 24-hour TV network, was launched by the National Basketball Association. Commissioner David J. Stern said, “NBA.com TV represents the convergence of the Internet, television and basketball. By combining the immediacy and depth of information from NBA.com with current and historical television programming from the NBA, NBA.com TV will offer our fans complete, round-the-clock coverage of the league."
2000 - Wrigley Field has been granted preliminary landmark status by the Commission on Chicago Landmarks. Any plans to refurbish or tear down Cubs' home since 1916 will have to be reviewed by this panel.
2000 - www.classicbands.com goes online, publishing in both official languages: Rock and Roll.
2003 - Top Hits
“Baby Boy” – Beyonce, Featuring Sean Paul
“Stand Up” – Ludacris, Featuring Shawnna
“Holidae In” – Chingy, Featuring Ludacris & Snoop Dogg
“Get Low” - Lil Jon & The East Side Boyz, Featuring Ying Yang Twins
2006 - Justin Timberlake and Gnarls Barkley each win several trophies at the 13th annual MTV Europe Music Awards, held in Copenhagen. Timberlake, who also serves as host and performer at the event, wins for best male and best pop. Gnarls Barkley wins best song for their international smash "Crazy."
2014 - The U.N. issued a report concluding that immediate global actions are needed to prevent runaway impacts of climate change. The report claims failure to act now will result in extensive future damage which will be prohibitively expensive to control.
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