Very, Very Short California Fire Report
Ken Greene/Steve Crane, CLFP

Attorney Ken Greene, with offices in Westlake Village and living nearby, reports, “We are safe. We evacuated to Santa Barbara on Saturday. House is ok, office too. But our community, after the shooting and while these fires are still burning, is devastated.” 

Steve Crane, CLFP, EVP & Sales Manager, BSB Leasing, reports his Cal Fire son is out of action. “Unfortunately, Ryan dislocated his shoulder a couple weeks ago on the Rincon Fire over in Santa

Cruz, so has the next 30 days off to recover.

“When he’s not injured he’s stationed at the Almaden Station #22 in San Jose – his engine and co-workers are out on the Camp Fire now.”

Alan, Steve and Ryan at Butt Fire Academy Graduation

“Ryan graduated from the Butte Fire Academy, Class number 54, in 2011, and the graduation ceremony was held at a church in the town of Paradise that presumably is now gone.”

(Any industry updates please send to kitmenkin@leasingnews.org)

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Position Wanted – Credit
Work Remotely or Relocate for Right Opportunity

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry. These ads also can be accessed directly on the website at: http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.

Please encourage friends and colleagues to take advantage of this service, including recent graduates and others interested in leasing and related careers. 

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Leasing News Top Stories
November 5 - November 9

(Stories most opened by readers)

 

(1) Alert
Trebels Says He Has Completed More than $1 billion
 in Transactions Service More than 100 lenders and Investors
http://leasingnews.org/archives/Nov2018/11_05.htm#trebels

(2) 63 Banks, Finance, and Leasing Companies Hit
   With Losses over $7 Million after Some Recoveries
         By John Kenny, Lease Police
http://leasingnews.org/archives/Nov2018/11_07.htm#63

(3) How Fraud Worked in 63 Banks, Finance, Leasing Companies
Losses over $7 Million after Some Recoveries
        By John Kenny, Lease Police
http://leasingnews.org/archives/Nov2018/11_09.htm#how

(4) Top Six Leasing Company Websites
      in North America
http://leasingnews.org/archives/Nov2018/11_07.htm#5

(5) New Hires/Promotions in the Leasing Business
          and Related Industries
http://leasingnews.org/archives/Nov2018/11_09.htm#hires

(6) Types of Fraud
  By John Kenny, Lease Police
http://leasingnews.org/archives/Nov2018/11_05.htm#types

(7) Massive fraud behind Bridgeport thrift's sudden failure:
    Feds
https://www.chicagobusiness.com/finance-banking/massive-fraud-behind-bridgeport-thrifts-sudden-failure-feds

(8) Superyacht Elite Sink $3 Billion a Year
    Into Money-Burning Boats
https://www.bloomberg.com/graphics/2018-superyachts/?srnd=premium

(9) Most Influential Lawyers
   in Equipment Finance and Leasing
http://leasingnews.org/archives/Nov2018/11_07.htm#lawyers

(10) Developing Strong Leaders for the Commercial
Equipment Finance and Leasing Industry
    Automation, Data, and Efficiencies
          are Key to Sustainability
             By Scott Wheeler, CLFP
http://leasingnews.org/archives/Nov2018/11_05.htm#developing

 

 

Balboa Capital Gets Slammed for Lessee’s Attorney Fees
for $429,000 as a Result of Lying to Lessee

By Tom McCurnin
Leasing News Legal Editor

Balboa Bet the Farm on Testimony by a Witness That Did Not Appear Live.
Jury Disbelieved Balboa and a $200,000 Claim Turned Into a Million Dollar Loss

Nostrum v Balboa Capital, 16-1040 (W.D. Mo. 2016).

About two months ago, I wrote about a jury trial involving Balboa Capital and its lessee, Nostrum Laboratories. The lessee claimed that David White and Don Hansen promised it a “capital lease.” Mr. Hansen testified at trial that the parties discussed an “operating lease.” The lease documents were silent as to what type of lease the financing was, but it certainly resembled a true lease under the Uniform Commercial Code, sometimes referred to as an operating lease. 

Rather than settle with Nostrum, Balboa filed a counter-claim for its residual in the sum of $200,000.  Nostrum claimed that the lease was over, terminated at the expiration of the term. The parties aggressively litigated this matter, including depositions of David White and Don Hansen. The parties filed summary judgments over the language of the lease and the various conversations between Nostrum and David White and Don Hansen. The trial court denied the various motions, ruling that the lease was ambiguous, and the issue had to go to trial.

Right before trial, the parties attended a settlement conference with a magistrate judge. Baloa refused to settle the matter. The case again proceeded to trial.

At the trial there seemed to be a single issue—who was telling the truth. Was it the Nostrum representatives’ version of the facts that was correct, or should the jury believe Don Hansen?

Don Hansen apparently did not testify at trial and it appeared as though he testified by deposition.  This is a head scratcher. You want a live witness to face the jury and explain the story. You don’t want the corporate message delivered by a stale transcript or video. This tells the jury that you honestly don’t care enough to get a real, live witness to face the jury and tell his story. So Balboa bet the farm on a stale deposition transcript which signals to the jury that Balboa doesn’t care enough about this case to have a live witness to face the jury and tell his story. This was a really a bad strategic move. 

The jury concluded that Nostrum’s version of the various telephone calls was the truth and disbelieved Don Hansen. In short, the jury concluded that Don Hansen lied on the witness stand and judgment was entered in favor of the lessee, Nostrum Laboratories. 

As I predicted, the lessee moved the court to grant a money judgment in favor of the lessee for its attorney fees. I speculated that this would probably cost Balboa $200,000. I was wrong. The court entered a judgment against Balboa for $429,000 in attorney fees. Balboa actually stipulated to the exact amount requested by Nostrum. 

In summary, Balboa took a $200,000 residual claim and turned it into a $429,000 loss plus its own attorney fees, which would have to be something equivalent to the lessee’s fees. In short, this was a one million dollar loss for Balboa. 

What are the takeaways here?

• First, Know When to Hold Them and When to Fold Them. Balboa bet the farm in front of a local jury when the reputation of its witness was at issue. That witness did not bother to appear live.  Risk management is a big part of litigation and senior people with real world litigation experience should be able to make settlement decisions. This apparently did not happen. 

• Second, Juries Generally Hate Greedy Creditors. Was this fact lost on Balboa when they refused to settle and steamrolled into a trial based on potential lies by one of their officers? The jury heard that Balboa already earned 24%. Somebody needed to have a come to Jesus meeting with Balboa’s officers that this might not end well. This apparently did not happen. 

• Third, Lying Has Consequences. In this case, the jury has ruled 7-0 on this issue and there were real monetary consequences. Balboa wasted all their attorney fees, probably $400,000, had to pay their customer’s attorney fees, $429,000 and their residual of $200,000 was thrown out. All this could have been avoided by somebody with real world litigation experience to tell Balboa that there were real monetary consequences in taking this matter to trial. This apparently did not happen. 

The bottom line to this case and the motion for attorney fees is that shady business practices and lying to a jury has severe monetary consequences. Don’t bet the farm on a shady business practice supported by a witness that doesn’t bother to appear live. In this case the consequences were about a million dollars. 

Order Granting Attorneys’ Fees and Expenses
http://leasingnews.org/PDF/order_fees2018.pdf

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

 

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
http://www.leasingnews.org

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

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Commercial Finance Association Name to Change
in 2019 as Secured Finance Network

Established in 1944, the Commercial Finance Association (CFA) located in New York City has "...nearly 250 member companies and a 20,000-person active community including 22 chapters located throughout the United States, Canada and Europe....Membership is at the company level (all employees of member companies are eligible for association benefits). Proprietorships, partnerships, limited liability companies, corporations and other business entities engaged in secured commercial lending, factoring, accounts receivable discounting or other forms of secured commercial finance are eligible for membership."
https://community.cfa.com/membership/about-membership

Richard D. Gumbrecht, CEO and Secretary, CFA, said, " The decision to re-envision the CFA name and logo, including our messaging and approach to visual expression between now and the Association’s 75th Annual Convention in New York City in 2019, reflects the board’s objective to make the CFA brand more relevant to our members and to reinforce our strategic direction.”

According to David Grende, CFA’s president, and CEO & President of Siena Lending Group, “Over the past six months, the CFA has taken a very thoughtful approach to the rebranding initiative. The organization has retained a top branding firm, conducted research, surveyed our membership, and held focus groups to inform our direction. ‘Secured Finance Network’ is descriptive and memorable, builds on our legacy and is highly relevant to our members and target constituents. I’m very excited about the new brand.”

It was reported The Commercial Finance Association will continue to operate as CFA while it effects an orderly transition in conjunction with an associated expansion of offerings including a complete website redesign over the coming year.

 

 

 

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GreatAmerica Financial Services Wins
2018 Cannata Award "Best Leasing Company"

The Cannata 2018 Best Leasing Company Award
was accepted by Jennie Fisher, SVP/General Manager Office Equipment Group

“Thank You! to all of our Office Equipment Dealers who continue to place their confidence in us year after year!,” she said at the presentation dinner.

Since its launch in 1982, The Cannata Report has been the leading intelligence resource for imaging reseller principals and senior executives within the business technology, managed services, and imaging industry.

Full Story:
https://www.prnewswire.com/news-releases/the-cannata-reports-33rd-annual-awards--charities-dinner-raises-180-000-for-tackle-kids-cancer-300748321.html

 

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###Press Release ##############################

Chesswood Quarter 3 2017 $6.1 Million Income
   on $9.4 Million Operating Income

Portfolio Exceeds $850 Million with More Than 32,000 Finance Contracts

TORONTO, - Chesswood Group Limited ("Chesswood" or "the Company") (TSX: CHW), a North American commercial equipment finance provider for small and medium-sized businesses, today reported its record third quarter results for the periods ended September 30, 2018.

Barry Shafran, Chesswood's President and CEO, noted, "Our third quarter operating income of $9.4 million helped deliver strong quarterly net income of $6.1 million, up significantly from $3.2 million in the third quarter of 2017.

 "Our results this quarter were helped by a small recovery in our allowance for doubtful accounts, stemming from improved delinquency, while in the third quarter of last year we added $2.4 million to our allowance" added Shafran. For the nine months ended September 30, the Company generated $17.6 million of net income, an increase of 51% or $6.0 million compared to net income of $11.6 million in the same period last year.”

Chesswood's gross finance receivables grew to a record $854 million in the quarter driven by excellent quarterly originations of $98.6 million, a 21% increase from $81.1 million in the third quarter of last year.

Financial Highlights	For the Three Months Ended			For the Nine Months Ended
(in CDN $000's, except EPS)	September 30,			September 30,
	2018	2017		2018	2017
Operating Income(1)	$9,415	$6,718		$25,800	$24,057
Net Income	$6,092	$3,188		$17,608	$11,633
Adjusted EBITDA(1)	$9,224	$9,088		$26,733	$25,369
Earnings Per Share - basic	$0.34	$0.18		$0.98	$0.65
(1)  - See "Non-GAAP Measures" below.

 

"We continue to see the benefits of our long-term growth in strong earnings, while this quarter was also helped by the seasonally lower delinquencies we usually experience at this time of year" added Shafran. The Company generally experiences higher delinquencies and provision for credit losses in the final quarter of the year due primarily to reduced collection time in December.
Between the adoption of IFRS 9 in 2018, the repayment of the Company's convertible debenture in early January 2018, and the changing foreign exchange rates compared to last year, there are a number of meaningful adjustments required in order to compare Chesswood's third quarter and nine month operating income this year with the same periods in 2017. These adjustments are provided for in the chart below.

Financial Highlights
(in CDN $000's, except fx rate)	For the Three Months Ended			For the Nine Months Ended
	September 30,			September 30,
	2018	2017		2018	2017
Average FX Rate	1.3070	1.2528		1.2876	1.3074
Operating income(a)	$9,415	$6,718		$25,800	$24,057
IFRS 9 impact (b)	(278)	-		919	-
Impact of exchange rate difference	(416)	-		519	-
Interest expense on conv deb (c)	-	(328)		-	(978)
Normalized operating income	$8,721	$6,390		$27,238	$23,079

Non-GAAP Measures
Operating Income is not a recognized measure under International Financial Reporting Standards and does not have a standard meaning. Accordingly, this measure may not be comparable to similar measures presented by other issuers. Please refer to the Company's Management Discussion and Analysis in Chesswood's 2017 Annual Report and 2018 Third Quarter Report for additional information concerning these measures and a reconciliation of these measures to the Company's consolidated net income.

About Chesswood 
Through two wholly-owned subsidiaries in the U.S. and Canada, Chesswood Group Limited is North America's only publicly-traded commercial equipment finance company focused on small and medium-sized businesses. Our Colorado-based Pawnee Leasing Corporation, founded in 1982, finances a highly diversified portfolio of commercial equipment leases and loans through established relationships with over 600 independent brokers in U.S. In Canada, Blue Chip Leasing Corporation has been originating and servicing commercial equipment leases and loans since 1996, and today operates through a nationwide network of more than 50 independent brokers. Based in Toronto, Canada, Chesswood's shares trade on the Toronto Stock Exchange under the symbol CHW.

Learn more at www.chesswoodgroup.com, www.PawneeLeasing.com and www.BlueChipLeasing.com.

##### Press Release ############################

 

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##### Press Release ############################

Continued Strong Credit Quality
Reports November CFA Asset Based Finance Quarterly

Commercial Finance Association Research Indicates
 Historic New Credit Commitments

U.S. businesses continue to grow, as indicated by new credit commitments reaching an all-time high, the Commercial Finance Association (CFA) announced today. According to the CFA’s latest Quarterly Asset-Based Lending (ABL) Index, large and medium lenders experienced new commitments of $11.1B, representing a 106% increase quarter over quarter and a 73% increase over the same quarter last year. Growth in new commitments for entrepreneurial lenders, declined quarter over quarter and over the same period last year reflecting the continued sentiment of increased competition in the marketplace and robust credit markets. Portfolio size remained relatively stable with both sectors showing slight gains quarter over quarter.

David Grende, CFA President and President & CEO of Siena Lending Group, “CFA’s latest Quarterly Survey results demonstrate that the overall credit quality across both sectors remain intact and stable,”.

Richard D. Gumbrecht, CFA CEO, commented, “CFA’s Quarterly Asset-Based Lending Index provides our stakeholders with vital data they need to understand key marketplace trends. It also reflects the important role secured lending plays in the economy,” said Richard D. Gumbrecht, CFA CEO.

The Quarterly Asset-Based Lending Index is conducted for the CFA by Westat, an independent market research firm. CFA has tracked secured lending activity and published the Quarterly Asset-Based Lending Index since March 2008 to provide insight on national commercial lending trends.

A full copy of CFA’s Quarterly Asset-Based Lending Index is available here.

About the Commercial Finance Association
Founded in 1944, the Commercial Finance Association is the international trade organization representing the asset-based lending, factoring, trade and supply chain finance industries, with over 250 member organizations throughout the U.S., Canada and around the world. CFA provides education, networking opportunities and industry advocacy to the global commercial finance community.

### Press Release ############################

 

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### Press Release ############################

A Bad Bill with Good Intentions:
What Lenders Need to Know About CA SB 1235

Free Webair for Commercial Finance Association Members

CA SB 1235 was signed into law by Governor Brown of California on September 30, imposing new and potentially challenging disclosure requirements on certain commercial financing transactions in California. CFA and other interested parties lobbied against the bill and will now work with the California Department of Oversight to achieve the best outcome for CFA members.

Please join us on November 15 for a webinar during which Hamid Namazie of McGuireWoods LLP and Jonathan Helfat of Otterbourg PC will discuss the Bill and its possible effects on both asset-based lenders and factors.

Dial-in Instructions:
Dial-in instructions will be available 1 day prior to the call.

#### Press Release #############################

 

German Shepherd
San Jose, California  Adopt-a-Dog

Fiona
#A1104359

My name is FIONA.

I am a spayed female, black and tan German Shepherd Dog.

The shelter staff thinks I am about 6 years old.

I have been at the shelter since Oct 13, 2018.

This information was refreshed 1 minutes ago and may not represent all of the animals at the San Jose Animal Care Center.

Back
For more information about this animal, visit:
San Jose Animal Care Center
Ask for information about animal ID number: A1104359

sjrescue@sanjoseca.gov

San José Animal Care Center
2750 Monterey Rd.,
San Jose, CA 95111
(408) 794-PAWS (7297)

Shelter Hours
Monday      CLOSED
Tuesday     11:00 am - 7:00 pm
Wednesday 11:00am -  7:00pm
Thursday    11:00 am - 7:00 pm
Friday        11:00 am - 7:00 pm
Saturday    11:00 am - 7:00 pm
Sunday      11:00 am - 5:00 pm

Adopt a Pet
http://www.adoptapet.com/

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The 3rd Asia Pacific Leasing Summit 2018, taking place in Singapore on November 29-30, offers a platform for prominent leasing enterprises, equipment manufacturers, service providers, policymakers, and analysts, to discuss important developments in the Asia Pacific leasing industry, as well as share experiences and best practices in the market.

During the two-day summit, speakers and panelists will address a range of important topics, including the regulatory environment for leasing, the overall macroeconomic climate in Asia, market growth points, product models applicable for diverse vendor industries, financing, asset residual management, and the revolutionary effects of Fintech on the market.

The 3rd Asia Pacific Leasing Summit 2018 continues event organizer Duxes’ decade of engagement and support for the leasing industry, in Asia and around the world. Duxes leasing summits have been acclaimed by leading enterprises for their attention to detail, thorough coverage, and interactive format.

Professionals working in the leasing industry, and in related fields, are invited to attend.

Event Review/Previous Speakers/Previous Attendees
http://www.duxes-leasing.com/lease-ap/index.html

 

News Briefs----

New short-term loan product at U.S. Bank draws scrutiny
annualized interest 70%-88%/Payroll Deduct 24.99%
http://www.startribune.com/new-short-term-loan-product-at-u-s-bank-draws-scrutiny/500166432/

Report: ID Thieves are Exploiting USP Mail Scanning
   Service, Secret Service Warns
https://www.fastcompany.com/90265536/report-id-thieves-are-exploiting-usps-mail-scanning-service-secret-service-warns

Square Capital Loaned $405 Million in Q3
    OnDeck loan originations $658 Million Q3
https://debanked.com/2018/11/square-capital-loaned-405-million-in-q3/

Sears should close for good, creditors say
https://www.cnn.com/2018/11/12/business/sears-creditors/index.html

 

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You May Have Missed---

Online lending: US FinTech gain
    from behaving more like banks
https://www.ft.com/content/01b971b8-c197-11e8-84cd-9e601db069b8?segmentId=776b81d7-dd92-c731-e669-99cdd37d3a96#myft:my-news:rss

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Football Poems

Walter Payton
How come Walter Payton
or “Sweetness” as we all knew him,
could not get a liver,
when he needed one.
He needed to keep on living
But drunk, old, Mickey Mantle
Jumped straight to the top of the donors list
And his liver was saturated in liquor
For the past couple of decades.
Nights of liquor stupor
At first, because he lost so much weight
People said it was “aids”
But he told the truth and said
“his liver was killing him.”
But Walter Payton, just kept quiet
Did good, won the respect of everyone
Played as hard as anyone could
And was loved by those near and far
But he is dead now
Maybe it was the liver that gave out
Maybe he just gave up
Maybe he knew it was his time to die
Before he got old
And did it his way
His style
Nothing special
Just a simple death
And fitting ending to a simple life
Where a transplanted liver
slightly smaller than
A football
Would have made all the difference
For the rest of us…
Oscar Mireles

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Sports Briefs---

Raiders Owner Mark Davis:
  'Where This Team Is Right Now Is My Fault'
https://bleacherreport.com/articles/2805631-raiders-owner-mark-davis-where-this-team-is-right-now-is-my-fault

This embarrassing loss ranks high in worst of Todd Bowles era
https://nypost.com/2018/11/12/this-embarrassing-loss-ranks-high-in-worst-of-todd-bowles-era/

Eagles' reality check against Cowboys reveals a team in crisis
https://www.usatoday.com/story/sports/nfl/columnist/bell/2018/11/12/philadelphia-eagles-carson-wentz-dallas-cowboys/1978340002/

Jared Goff catches attention of Hollywood star:
   Is 'Halle Berry' the new 'Omaha'?
https://www.yahoo.com/sports/jared-goff-catches-attention-hollywood-star-halle-berry-new-omaha-043414330.html

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California Nuts Briefs---

Guy Fieri serves up barbecue to hundreds of NorCal fire evacuees
https://www.sfgate.com/california-wildfires/article/Guy-Fieri-barbecue-carr-fire-13115299.php

‘We’ve got to go or we’re going to die here.”
Former Sacramento deputy barely escapes Malibu blaze
https://www.sacbee.com/news/state/california/fires/article221549510.html

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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Wine Country Magazine Launching in December
   will Curate Innovative and Aspirational Stories
https://www.winebusiness.com/news/?go=getArticle&dataid=205803

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

This Day in History

     1518 - One of Christopher Columbus's officers, Diego Velasquez obtains the Spanish Crown authority to colonize the new countries in the Americas. He conquered Cuba in 1511 and backed Hernando Cortes’ expedition to Mexico, who turned against him.  Those sent to bring him back and the riches he found were defeated or joined Cortes. Velasquez died in Havana, 1524.
    1765 - Birthday of Robert Fulton (d. 1815), inventor of the steamboat, at Little Britain, PA. Revolutionized transportation, allowing the growth that eventually opened the growth of what are now Central states, but then called “the West.”  In 1800, he was commissioned by Napoleon Bonaparte to attempt to design the Nautilus, which was the first practical submarine in history.  He is also credited with inventing some of the world's earliest naval torpedoes for use by the British Royal Navy.
http://xroads.virginia.edu/~HYPER/DETOC/transport/fulton.html
http://www.history.rochester.edu/steam/thurston/fulton/
    1775 - American troops led by General Richard Montgomery capture the City of Montreal, Canada.
http://memory.loc.gov/ammem/today/nov13.html
    1789 - Benjamin Franklin wrote to a friend, "In this world nothing can be said to be certain, except death and taxes." Franklin later repeated it in his newspaper and it has become one of the most popular sayings in the American language.
    1789 - President George Washington ended his tour of the New England states that he began on October 15, traveling in a hired coach, accompanied by Major William Jackson, his aide-de-camp, and Tobias Lear, his private secretary, along with six servants, nine horses, and a luggage wagon. He went as far north as Kittery, ME, then part of Massachusetts. As Rhode Island and Vermont had not yet joined the new government, he did not visit those states. Washington’s first tour of the southern states was made from April 7 to June 12, 1791, during which time he made a 1,887 mile trip from his estate in Mount Vernon, VA, through Philadelphia, south through Virginia, and the Carolinas into Georgia, and back to Mount Vernon.
    1835 - Texans officially proclaimed independence from Mexico, and called itself the Lone Star Republic, after its flag, until its admission to the Union in 1845.
    1854 – 284-300 perished as immigrant vessel New Era foundered off New Jersey coast.
http://www.bruzelius.info/Nautica/Maritime_History/US/USNM(1)_p223.html
    1839 - The Liberty Party, an antislavery party, held its first national convention at Warsaw, NY. It nominated James G. Birney of New York for president. Birney, a former Kentuckian, and slaveholder, wielded strong political influence in western New York and the Ohio River Valley. Francis J. Lemoyne was nominated for vice-resident.
    1860 - Helen Archibald Clarke with lifetime partner Charlotte Endymion Porter founded, edited, and published “Poet Lore” which introduced Americans to a number of European modern poets. Both were prolific writers and editors of writings by Shakespeare, Browning, Longfellow, and others. Ms. Clarke was also a talented musician and composer.
    1861 - President Lincoln pays a late-night visit to General George McClellan, who Lincoln had recently named general in chief of the Union army. The general retired to his chambers before speaking with the president. This was the most famous example of McClellan's cavalier disregard for the president's authority. Lincoln had tapped McClellan to head the Army of the Potomac, the main Union army in the East, in July, 1861 after the disastrous Union defeat at the First Battle of Bull Run. McClellan immediately began to build an effective army and he was elevated to general-in-chief after Winfield Scott resigned on October 31. McClellan drew praise for his military initiatives but quickly developed a reputation for his arrogance and contempt toward the political leaders in Washington. After being named to the top post, McClellan began openly to cavort with Democratic leaders in Congress and show his disregard for the Republican administration. To his wife, he wrote that Lincoln was "nothing more than a well-meaning baboon," and Secretary of State William Seward was an "incompetent little puppy." Lincoln made frequent evening visits to McClellan's house to discuss strategy. On November 13, Lincoln, Seward, and Presidential Secretary John Hay stopped by to see the general. McClellan was out, so the trio waited patiently for his return. After an hour, McClellan came in and was told by a porter that the guests were waiting. McClellan headed for his room without a word and, only after Lincoln waited another half-hour, was the group informed of McClellan's retirement to bed. Hay felt that the president should have been greatly offended, but Lincoln casually replied that it was "better at this time not to be making points of etiquette and personal dignity." Lincoln made no more visits to the general's home. He was not a very good general and the Seven Days Campaign, also known as McClellan’s Peninsula Campaign that started on July 1, 1862, was a disaster. On July 11, Maj. General Henry W. Halleck was named commander-in-chief of the Union armies by President Lincoln. Without McClellan criticizing him, Lincoln, on July 22, wanted to issue an Emancipation Proclamation and told his Cabinet it would also be an effort to cripple Confederate manpower, something McClellan had influenced the administration not to do. Lincoln’s cabinet persuaded him to wait for a more favorable military situation to avoid the appearance of “desperation.” On November 5, Gen. Ambrose E. Burnside was name by President Lincoln to replace Gen. McClellan as commander of the Army of the Potomac. McClellan, in 1864, ran as the Democratic candidate for president. In the North, there was considerable dissatisfaction with the progress being made in defeating the Confederacy, so Lincoln did not think his chances of reelection were good. The Democrats were split between those who supported the war and those who wanted peace at almost any price. General Lee, aware of this, was planning an invasion of Washington, DC, but one of his divisions was accidentally encountered in movement on this plan in Gettysburg (but that is another story). The Democratic nominee was Gen. George B. McClellan, commander of the Union Army, who had let several opportunities for victory slip away. The Democratic platform called for peace through reunification of the states, but did not say how this was to be done. Fortunately for Lincoln and the Republicans and those opposed to slavery, several important military victories were won in time to influence the outcome. In the 1864 election, Lincoln received 212 electoral votes, McClellan, 21. The popular vote was Lincoln 2,216,067; McClellan, 1.807,725. The results and history of the campaigning are revealing as to the attitudes of the time, and are not reflected in many school books that paint the war as simple to understand.
    1875 - Bowling rules standardization was undertaken when 27 delegates met at Germania Hall, New York City, and organized the National Bowling Association. The association soon went out of existence, however, as did the American Amateur Bowling Union, which was organized in 1890. The first important bowling convention to standardize rules was held by the American Bowling Congress, when it organized On September 9, 1895, in New York City,
    1875 - The first football uniforms were worn in a game at New Haven, CT, by teams from Yale and Harvard.  The Yale team wore dark trousers, blue shirts, and yellow caps, which the Harvard team wore crimson shirts and stockings and knee breeches. Harvard won the game 4-0. The game at that time was closer to rugby than to present-day football. Each team had 15 players.
    1880 - Severe Santa Ana winds and sandstorms in Southern California cause extensive damage.
    1894 - The great Kansas City bandleader Bennie Moten (d. 1935) was born there. Count Basie came from this group, as did many other great jazz musicians.
    1913 - African-American Dr. Daniel Hale Williams, pioneering surgeon, becomes a member of the American College of Surgeons.
    1914 - The brassiere, invented by Caresse Crosby, is patented.
    1921 - Birthday of bass player Eddie Calhoun (d. 1993), Clarksdale, MS
    1921 - That great romancer of the silver screen, Rudolph Valentino, starred in "The Sheik," which was released. "The Sheik" firmly established Valentino’s popular reputation as the Great Lover, and his last film, the comical "Son of the Sheik" (1926), sealed that title. But the actor never thought of himself as a conqueror of women, not as a great actor. He found the Sheik films rather silly. Valentino had plans to make more serious films beginning with an ambitious version of "El Cid," to be called "The Hooded Falcon." In town for the premiere of "Son of the Sheik," he collapsed in New York on August 15, 1926. Valentino died eight days later from peritonitis, before he could begin to work on films that would make the public forget his sheikly shenanigans. So, the grandiose romantic persona persists and we remember Rudolph Valentino as the Great Lover.
    1927 - The Holland Tunnel, running under the Hudson River between New York, NY, and Jersey City, NJ, was opened to traffic. The tunnel was built and operated by the New York-New Jersey Bridge and Tunnel Commission. Comprised of two tubes, each large enough for two lanes of traffic, the Holland was the first underwater tunnel built in the US.
    1928 - Pianist/Composer Hampton Hawes (d. 1977) birthday, Los Angeles.
http://www.mclink.it/com/if/lunati/conti/
http://www.fantasyjazz.com/catalog/hawes_h_cat.html
http://www.allaboutjazz.com/bios/hxhbio.htm
    1931 - Arkansan Hattie Ophelia Wyatt Caraway was appointed to the U.S. Senate to fill the seat of her late husband. In 1932, she became the first woman to be elected to the Senate in her own right, re-elected in 1938, introduced an Equal Rights Amendment.
http://womenshistory.about.com/library/bio/blbio_caraway_hattie.htm
    1933 - The first dust storm of the Great Dust Bowl era occurred with dust spreading from Montana to the Ohio Valley, then to the east from Georgia to Maine. Black rain fell in New York and brown snow in Vermont.  Parts of South Dakota, Minnesota and Iowa reported zero visibility on the 12th. On the 13th, dust reduced the visibility to half a mile in Tennessee.
    1933 - In Austin, Minnesota, striking workers at the packing plant of George A. Hormel & Co. hold the first recorded sit-down strike in American labor history. The technique is a variation on earlier methods of striking such as refusal-to-work strikes and stay-in strikes, and proves the most effective of the three in discouraging violence.  Sit-downs begin a wave of strikes across the nation and many fear labor is getting too strong
as it begins to win its demands of the last 75 years.
    1937 - The first symphony orchestra devoted exclusively to radio broadcasting was the National Broadcasting Company (NBC) Symphony Orchestra under conductor Arturo Toscanini. Television has had no such orchestra.
    1940 - U.S. Supreme Court rules in Hansberry v. Lee that African Americans cannot be barred from white neighborhoods.
    1940 - Benny Goodman records Eddie Sauter’s ”Benny Rides Again.”
    1943 - Leonard Bernstein replaced an indisposed Bruno Walter as conductor of the New York Philharmonic Orchestra.
    1944 - Top Hits
“Dance with the Dolly” - The Russ Morgan Orchestra (vocal: Al Jennings)
“I’ll Walk Alone” - Dinah Shore
“The Trolley Song” - The Pied Pipers
“Smoke on the Wate”r - Red Foley
    1946 - General Electric scientists produced snow in the Massachusetts Berkshires in the first modern day cloud seeding experiment.
    1951 - Janet Collins, ballerina, becomes the first Black dancer to appear with the Metropolitan Opera Company.
    1952 - Top Hits
“You Belong to Me” - Jo Stafford
“Wish You Were Here” - Eddie Fisher
“Because You’re Mine” - Mario Lanza
“Jambalaya” (“On the Bayou”) - Hank Williams
    1952 - Harvard's Paul Zoll becomes the first man to use electric shock to treat cardiac arrest.
    1953 - Strong southeasterly winds associated with a Pacific cold front reached 70 mph at Sacramento, CA to equal their all-time record. The previous record had been established in a similar weather pattern on December 12th of the previous year.
    1955 - NBC showed the first live TV program from a foreign country (noncontiguous). Scenes from Havana, Cuba were seen by viewers of Dave Garroway’s "Wide Wide World" program.
    1956 - The Supreme Court ruled that segregation on buses and streetcars was unconstitutional.  Southern states either ignored or rebelled against the Supreme Court ruling against segregation in the public schools. In Montgomery, Alabama, blacks boycotted buses.
    1958 – NYC Mayor Robert Wagner announced preliminary plans for a third major league. Chairman William Shea of what will become the Continental League, says it is apparent that the National League is going to ignore New York City. He implies that the new league will be free to raid major league rosters.  Ironically, many have found that Shea’s uncompromising positions led to the departures of the Brooklyn Dodgers and New York Giants to California.
    1960 - Top Hits
“Save the Last Dance for Me” - The Drifters
“Poetry in Motion” - Johnny Tillotson
“Georgia on My Mind” - Ray Charles
“Wings of a Dove” - Ferlin Husky
    1961 - The Tokens' "The Lion Sleeps Tonight" is released.
    1963 - Birthday of Vincent Frank “Vinny” Testaverde, football player, born New York, NY.
    1964 - Forward Bob Pettit of the St. Louis Hawks became the first player in NBA history to reach the 20,000–point mark when he scored 29 points in a 123-106 loss to the Cincinnati Royals.
    1965 - James Brown's "I Got You" enters both the pop and R&B charts. The song will reach Number One R&B and #3 pop and will become the Godfather of Soul's most enduring and most readily identifiable songs.
    1965 - The McCoys' "Fever" is released.
    1966 - The Dead, Quicksilver, and Big Brother and the Holding Company Benefit at the San Francisco Avalon Ballroom for the Zen Mountain Center.
    1967 - Carl Burton Stokes became the first black in the US elected mayor when he won the Cleveland, OH, mayoral election. Died April 3, 1996.
    1968 – The Beatles movie, "Yellow Submarine," premiered in the U.S. Their single, "Hey Jude," topped the pop music charts (it was in its 7th of 9 weeks at #1).
    1968 - Top Hits
“Hey Jude” - The Beatles
“Those Were the Days” - Mary Hopkin
“Love Child” - Diana Ross & The Supremes
“I Walk Alone” - Marty Robbins
    1969 - Crosby, Stills, Nash & Young, Cold Blood, Joy of Cooking, and Lamb perform at Winterland in San Francisco
http://www.sfmuseum.org/hist1/rock.html
http://www.sweetstar.com/song/b00004tyb8
    1971 - The first satellite launched from the earth to orbit another planet was Mariner 9, an unmanned American spacecraft that was sent to Mars to photograph the surface and to study the planet’s thin atmosphere, clouds, and hazes, surface chemistry, and seasonable changes. The satellite entered Martian orbit at 7:33pm EST. It mapped 70 percent of the planet’s surface.
    1973 - Peter, Paul and Mary's "In The Wind" LP goes gold.
    1974 - Karen Silkwood murdered during her investigation of Kerr-McGee Nuclear Power Plant in Oklahoma. All her documentation of safety violations disappeared.  Following her mysterious death, which received extensive coverage, her estate filed a lawsuit against Kerr-McGee, which was eventually settled for $1.38 million. This plant experienced theft of plutonium by workers during this era. She joined the union and became an activist on behalf of issues of health and safety at the plant as a member of the union's negotiating team, the first woman to have that position at Kerr-McGee. In the summer of 1974, she testified to the Atomic Energy Commission about her concerns.  For three days in November, she was found to have plutonium contamination on her person and in her home. That month, while driving to meet with David Burnham, a New York Times journalist, and Steve Wodka, an official of her union's national office, she died in a car crash under suspicious circumstances.  Silkwood was portrayed by Meryl Streep in Mike Nichols’ 1983 Academy Award-nominated film “Silkwood.”
    1974 - Vietnam War memorial dedicated, Washington, D.C.  The Memorial Wall, by architect Maya Lin, is made up of two 246-foot-9-inch long gabbro walls, etched with the names of the servicemen being honored in panels of horizontal rows with regular typeface and spacing.  The walls are sunken into the ground, with the earth behind them. At the highest tip (the apex where they meet), they are 10.1 feet high, and they taper to a height of 8 inches at their extremities. Symbolically, this is described as a "wound that is closed and healing."
    1974 - No. 1 Billboard Pop Hit: "Whatever Gets You Through the Night," John Lennon. Elton John plays piano and organ and sings backing vocals on the song.
    1975 - "Feelings" by Morris Albert, went gold.
    1976 - Top Hits
“Tonight’s the Night” (“Gonna Be Alright”) - Rod Stewart
“The Wreck of the Edmond Fitzgerald” - Gordon Lightfoot
“Love So Right” - Bee Gees
“Somebody Somewhere” (“Don’t Know What He’s Missin’ Tonight”) - Loretta Lynn
    1977 - After 43 years as a regular feature in hundreds of newspapers, "Li’l Abner," by creator Al Capp, ended. This was one of the most popular cartoons of its day, including a Broadway musical, and Capp was a favorite guest of late TV shows.
    1979 - For the first time in Major League history, two players shared the Most Valuable Player award. The National League co-winners are Willie Stargell, the spiritual leader of the Pittsburgh Pirates, who hit .281 with 32 home runs, and St. Louis Cardinals first baseman Keith Hernandez, who led the NL in runs (116), doubles (48) and batting average (.344).
    1981 - A powerful cyclone brought high winds to Washington State and Oregon. The cyclone, which formed about 1000 miles west of San Francisco, intensified rapidly as it approached the Oregon coast with the central pressure reaching 28.22 inches (956 millibars). A wind trace from the Whiskey Run Turbine Site, about 12 miles south of Coos Bay in Oregon, showed peak gusts to 97 mph fifty feet above ground level. The wind caused widespread damage in Washington and Oregon, with 12 deaths reported. As much as four feet of snow fell in the Sierra Nevada Range of northern California.
    1984 - Top Hits
“Caribbean Queen” (“No More Love on the Run”) - Billy Ocean
“Purple Rain” - Prince & The Revolution
“Wake Me Up Before You Go-Go” - Wham!
“I’ve Been Around Enough to Know” - John Schneider
    1986 - The state of California put Fricot City on the auction block for $8.8 million. The ‘city’ was actually the former ranch/private estate of Desiré Fricot. It had become a California Youth Authority camp in 1945. Located about 60 miles southeast of Sacramento, Fricot City featured some twenty homes, two gymnasiums, two swimming pools, a full twelve-grade school, a fire station, an infirmary and a chapel. http://www.geocities.com/sheepranchca/ ( scroll to bottom to see map )
http://www.oac.cdlib.org/dynaweb/virtual/calher/grass
( go to “container” for pictures”)
http://www.oac.cdlib.org/dynaweb/virtual/calher/grass/
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    1987 - A storm moving off the Pacific Ocean produced rain and gale force winds along the northern and central Pacific coast, and heavy snow in the Cascade Mountains. Cold weather prevailed in the southeastern U.S. Five cities reported record low temperatures for the date, including Asheville, NC with a reading of 21 degrees.
    1988 - Low pressure brought rain and snow and gusty winds to the northeastern U.S. A thunderstorm drenched Agawam, MA with 1.25 inches of rain in fifteen minutes. Winds gusted to 58 mph at Nantucket, MA.
    1987 - No. 1 Billboard Pop Hit: "I Think We're Alone Now," Tiffany. Tiffany Darwish was born Oct. 2, 1971, making her the first artist with a No. 1 hit to be born in the 1970s.
    1989 - After 16 years with the same team, Jim Rice is released by the Red Sox. The Boston outfielder retires from the game with a career .298 average with 382 home runs.  Rice was an 8-time All-Star and the 1978 AL MVP. He became the ninth player to lead the major leagues in total bases in consecutive seasons and joined Ty Cobb as one of two players to lead the AL in total bases three years in a row. He batted .300 seven times, collected 100 RBIs eight times and 200 hits four times, and had eleven seasons with 20 HRs. He also led the league in home runs three times, RBIs and slugging percentage twice each.  The Baseball Hall of Fame inducted him in 2009.
    1989 - Thirty-two cities in the central and eastern U.S. reported record high temperatures for the date as readings warmed into the 70s as far north as Michigan and Pennsylvania. Afternoon highs in the 80s were reported from the Southern Plains to the southern Atlantic coast. Columbia, SC reported a record high of 86 degrees, and the high of 71 degrees at Flint, MI was their warmest of record for so late in the season.
    1997 – The UN pulled its weapons inspectors from Iraq.
    1998 - New England Patriots quarterback Drew Bledsoe set an NFL record for most passes completed in a game with 45 vs. Minnesota.
    1998 – The ball thrown by Boston Red Sox pitcher Howard Ehmke and hit by Babe Ruth for the first home run in Yankee Stadium history sold at an auction for $126,500. Mark Scala found the 1923 historic ball in the attic of his grandmother's home several years ago.  Viola Bevilacque, his 87-year-old mother, remembered the ball that had been given to her husband as a prize in 1927 for making the New Jersey all-state high school baseball team. The ball, hit by Ruth on Yankee Stadium's opening day in 1923, was kept in the attic of the house she has lived in since 1946.  When he found out about the ball, which was signed by Ruth and carried an inscription identifying it as the first home run in Yankee Stadium, Mr. Scala took it to the Baseball Hall of Fame in Cooperstown, N.Y. There, he met Peter Clark, the curator of collections.  The first question he asked was whether Cooperstown had Ruth's first Yankee Stadium home run ball. Mr. Clark confirmed that the ball was not in the museum. He also told Mr. Scala that Ruth's signature on the ball was consistent with his autograph.  Mr. Scala then took the ball to authenticators, who decided that Mr. Scala did have the first Yankee Stadium home run ball.
    1999 - Lennox Lewis won a unanimous decision over tattooed Evander Holyfield for 12 rounds in Las Vegas to capture the title.
    2000 - Becoming the first pitcher to win the American League Cy Young award unanimously in consecutive years, Red Sox hurler Pedro Martinez (18-6,1.74) has copped the 'top pitcher' honor three of the last four seasons.  Martinez entered the Baseball Hall of Fame in 2015 in his first year of eligibility.
    2001 - Top Hits
“Family Affair” - Mary J. Blige
“I'm Real” - Jennifer Lopez Featuring Ja Rule
“Hero” - Enrique Iglesias
“Fallin'” - Alicia Keys
    2002 - The Giants select former Expo veteran skipper Felipe Alou to replace Dusty Baker as their new manager. The 67-year-old Dominican Republic native compiled a 691-717 record during his ten years at the helm with Montreal and was selected as the National League Manager of the Year in the 1994 strike-shortened season. He was replaced at the end of the 2006, but is still involved in San Francisco Giants activities.
    2005 - Chicago Bears cornerback Nathan Vasher returns a missed field goal 108 yards for a touchdown, the longest play in NFL history.
    2010 - According to China, a report submitted to the U.N. Security Council on violation of the Darfur weapons embargo is ridden with flaws and vaguely worded.
    2013 - The largest fancy orange diamond on record was sold at Christie's auction in Geneva; the 14.82-carat stunner sold for $35.5 million.  The painting, 'Three Studies of Lucian Freud' by Sir Francis Bacon, sold for a record-high price of $142 million.