Position Wanted – Sales
Work Remotely

Silverton, Oregon  “Will work remotely”
30 years’ experience, 20 for others and 10 as a broker. Intelligent, innovative and usually exceeded quotas. Have worked most asset and credit types, indirect (vendor and syndications) as well as direct, mainly mid to large ticket. Cross-border and international experience.  Most recently focused on renewable energy and energy efficiency, which remain underserviced as to financing options. I live in Oregon, not interested in relocation (unless it is international), but any level of travel is fine. Dual USA/Canada citizenship. Looking for base salary plus upside, open to any reasonable options.
Rob Aldridge. raldridge@energyfinance.co

 

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. 
kitmenkin@leasingnews.org

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Top Stories
September 5  - September 7

(1) National Funding Acquires QuickBridge Funding
  Move to Increase Business and Working Capital Loans
http://leasingnews.org/archives/Sep2018/09_05.htm#national

(2) California SB 1235 Will Not Kill
  Factoring, Finance, Leasing, Merchant Cash Advance
http://leasingnews.org/archives/Sep2018/09_07.htm#california

(3) New Hires/Promotions in the Leasing Business
    and Related Industries
http://leasingnews.org/archives/Sep2018/09_07.htm#hires

(4) Marlin Business Service 10Q
  Chief Financial Officer Leaves Company Explanation?
http://leasingnews.org/archives/Sep2018/09_07.htm#marlin

(5) National Equipment Finance Association Conference
   Gerry and Jamie Egan to Retire
http://leasingnews.org/archives/Sep2018/09_07.htm#nefa

(6) Marlin Business Services Corp. Announces Departure
    of Chief Financial Officer W. Taylor Kamp
http://leasingnews.org/archives/Sep2018/09_05.htm#marlin

(7) Funders Looking for Broker Business
   Updated
http://leasingnews.org/archives/Sep2018/09_05.htm#funders_looking

(8) Yellow Iron Lessor Uses Waiver of Statute of
  Limitations in Lease to Recover
  By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2018/09_05.htm#yellow

(9) Baystone Government Finance/KS StateBank
   Joins Funder/Looking for Broker Lists
http://leasingnews.org/archives/Sep2018/09_05.htm#baystone

(10) Online Lending and Small Business
    By Marshall Goldberg, Esq.
http://leasingnews.org/archives/Sep2018/09_05.htm#online

 

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Photo -Women in Leasing Luncheon Kicks Off
The AACFB Commercial Financing Expo

The American Association of Commercial Finance Brokers (formerly the National Association of Equipment Leasing Brokers) held their Financial Exposition at the Dallas/Plano Marriott at Legacy Town Center, Plano, Texas, held on September 6 and 7, 2018.  There were over 58 Exhibitors.

It was announced the 2019 AACFB Annual Conference will be held in Las Vegas, May 2 -4.

(Photo courtesy Monica Harper, Exec. Director, AACLV)

 

 

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Bulletin Board Complaint
Matrix Business Capital, Long Beach, California

This complaint comes from Lawrence Kutschenreuter, owner of Minocqua Grading, LLC, Minocqua, Wisconsin regarding the return of a security deposit in the amount of $2,880.76. The lease was for a Caterpillar Skid Stone Loader for $56, 273.70. At first, Brian Acosta at Matrix reportedly told the vendor the lease was approved, and then the lessee, who sent in a deposit. The broker was also in contact with Matrix Business Capital on June 6, 2018. A purchase order was never sent.  After a period time, Matrix said they could not do the lease.

The applicant was first told by Matrix they could keep the money as he was not forthcoming with two credit items.  He had put down his monthly deposit on the application, not bank balance, although he did send in the bank statements, and Matrix quoted a late payment on his wife's car. The broker got involved.  Matrix then quoted a part from their contract: "The securitization fee, indicated as non-refundable, of $495.00, will be deducted and the balance of $2,385.76 will be applied as a credit on file. Your credit may be applied towards the first and last plus documentation fees on any future lease or finance request with Matrix that is approved and funded within 12 months of execution of this agreement. Important Note: If Matrix honors any final approvals and is ready to produce final contract documents and, if for any reason Minocqua Grading LLC does not fulfill its commitment with respect to completing the lease transaction, then the Credit on File will be forfeited."

This has been going on for over three months.

Leasing News first tried to contact Brian Acosta by email on August 29th, and sent several emails thereafter, including two telephone calls, which were not returned.

Matrix Capital has appeared on the Leasing News Bulletin Board before. Mr. Kutschenreuter is not able to file a Small Claims Court in California but is in the process of contacting the California Department of Business Oversight with the complaint of not returning the deposit as the parent company of Matrix, Blue Star Capital, Inc. is licensed to do business as Ability Capital Solutions, Matrix Business Capital and Ability Capital Solutions.

 

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Developing Strong Leaders for the Commercial
Equipment Finance and Leasing Industry

Wheeler Business Consulting, LLC

As is often mentioned in my monthly newsletters, the single largest challenge for every company is recruiting and retaining top talent.

In the last few months, I have surveyed and spoken with professionals throughout the industry about their satisfaction with the industry and their specific employers. Listed below are just a few of the attributes which are generally mentioned:

Professionals want an environment that is conducive to personal growth.

Professionals want to be part of the company's vision

Professionals want competitive products, but more importantly, they want value-added attributes to offer to their clients

Professionals want to be employed by forward-thinking organizations which provide the tools for personal success

Professionals want a business platform that is being built for 2025, rather than one stuck in 2012.

Building a business platform for future success is hard. It requires commitment from the top down and the bottom up. It takes visionary leadership. A successful platform includes: systems, people, knowledge, departmental integration, and a quality-first focus. Building a successful platform is a process which fully aligns with the vision and strategy of the company. Top talent wants to be part of the process. They want to be part of the team; they want to know that there is a plan for future success, and that their management team and peers are long-term players. 

Wheeler Business Consulting works closely with management teams to enhance their platforms in order to attract and retain the "best" talent. Wheeler Business Consulting works with management teams to further develop their human capital, to identify and strengthen weak links within the organization, and to improve overall efficiencies.

Wheeler Business Consulting works with banks, independents, captives, origination companies, and investors in the equipment leasing and finance arena. We provide training, strategic planning, and acquisition services. Scott Wheeler is available to discuss your long-term strategy, to assist your staff to maximize outcomes, and better position your organization in the market.

Order via Amazon: https://www.createspace.com/5355516 

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com
Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.html

Kansas Court of Appeals Upholds Successor
Liability Doctrine for Wells Fargo

By Tom McCurnin
Leasing News Legal Editor

Kansas Court of Appeal Reverses Trial Court Decision, Which Held That Wells Fargo Did Not Establish Successor Liability

Wells Fargo Vendor Fin. Servs., LLC v. Nationwide Learning., LLC, 2018 Kan. App. LEXIS 45, at *1 (Ct. App. Aug. 17, 2018)

Successor liability is the legal doctrine that one company can be held liable for another company’s debts, when the second company has received the assets of the first company, and continues its business. It is sort of like alter-ego.  It is a great collection tool when the lawyers know what they are doing, the courts are receptive to the facts, and the facts support the application of the doctrine. It also helps to have a case where the damages support this labor-intensive doctrine. 

In today’s case, Wells Fargo obtained a judgment in the sum of $492,836 only to find that the lessee was defunct and out of business. In its place, the principals formed a creditor foreclosed on its UCC-1 and ultimately sold the same products to the same customers out of the same location. The trial court denied application of the doctrine and the Kansas Court of Appeals reversed, holding that Wells Fargo had established successor liability. The facts follow.

Wells Fargo leased copier machines to Nationwide, a printer of student books. Nationwide was structured financially by a lender, Brass Ring ($2.5mm) and a so-called mezzanine lender, C3 Capital Partners ($2.5mm,). In addition, Nationwide had a large bank loan with Enterprise Bank for $3.1mm. 

In 2015, Enterprise Bank refused to renew its line of credit, it accelerated the balance and scheduled a foreclosure sale. C3 was the only bidder and purchased all of Nationwide’s assets by credit-bidding its $2.5mm obligation. C3 then conveyed those assets to a new entity, Studentreasures. C3 also purchased notes that Nationwide held from its officers, and conducted a second foreclosure, to prevent creditors from obtaining those notes and suing the two officers. Those officers worked at Studentreasures. Studentreasures operated the same business of Nationwide, at the same location, with the same phone number, selling to the same customers. 

Nationwide also defaulted on its lease obligations with Wells Fargo, and Wells Fargo foreclosed, sold the copiers, obtained a deficiency judgment against Nationwide for $492,836, and sued Nationwide for the obligation and Studentreasures on the theory of successor liability. The trial court ruled against Wells Fargo and the bank appealed.  The following are some of the issues the Court of Appeal analyzed.

Does a UCC Foreclosure Sale Preempt Successor Liability?
Here it was without question that the foreclosing creditor was an arms’ length lender.  However, Kansas law was silent on this issue and the Court of Appeal relied upon a Ninth Circuit decision, which held that a UCC sale does not preempt a common law claim for successor liability.

The Elements of Successor Liability Under Kansas Law
The elements of successor liability under Kansas law are: (1) transfer of corporate assets (2) for less than adequate consideration (3) to another corporation which continued the business operation of the transferor (4) when both corporations had at least one common officer or director who was instrumental in the transfer and (5) the transfer rendered the transferor insolvent. No single element is decisive, nor must all the elements necessarily exist for doctrine to apply.

The court concluded that there was a transfer to Studentreasures by virtue of the foreclosure sale.  The court concluded that that there was adequate consideration for the transfer, in that C3’s $2.5mm note was sufficient consideration for its credit bid, thus satisfying this element. The court concluded that while there were minor differences in how the books were printed, Studentreasures was selling the same products, in the same facilities, with the same employees, and to the same customers, thus satisfying this element. The court also concluded that  two voting members of Nationwide’s board of directors became members of Studentreasures’ board of directors, thus satisfying this element. Of course, Nationwide was rendered insolvent.

The court of appeals therefore reversed the judgment of the trial court and granted successor liability. It affirmed the judgment of the court, denying the fraudulent conveyance claim and denying punitive damages. Studentreasures was held liable on the deficiency judgment of Wells Fargo Bank. 

What are the takeaways here? 

• First, Friendly Foreclosures Can Be the Basis of a Successor Liability Claim. Given the size of this matter, I was surprised that Studentreasures did not anticipate this problem and change locations, change phone numbers or decline to have prior board members as part of its board of directors. That would have solved their problem. 

• Second, Collection Lawyers Should Be Aware of the Differences Between Successor Liability and a Fraudulent Conveyance. This decision has a good discussion of the differences.

• Third, Wells Fargo Had Good Lawyering. The lawyers for Wells Fargo demonstrated an excellent knowledge of the two areas of law and obviously convinced the court of appeals.

The bottom line to this case is that successor liability is a great tool for the collection lawyer with the right size case and the right facts. Here, while the trial court was reluctant to apply the doctrine, the Kansas court of appeal righted the ship and made the right decision. 

Wells Fargo Vendor Fin. Servs v Nationwide Learn (13 pages)
http://leasingnews.org/PDF/WFVendorVsNationwide2018.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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How to Get to "Groups" in LinkedIn
It's Easy

Group postings are no longer on the tool bar, but they are still accessible.

In the section called "Work," upper right, click on it and you will see the groups icon to click. It will bring you to "My Groups" and Groups.

 

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 The number of super rich individuals across the world is increasing. According to the Wealth-X annual World Ultra Wealth Report, the number of ultra-high-net-worth individuals or UHNWIs (defined as being worth $30 million or more) grew 13 percent last year to 255,810. That growth was driven by soaring stock markets, steady economic growth, robust asset markets and stable exchange rates against the dollar. Collectively, those 255,810 people are worth around $31.5 billion.

For years, North America has been the driving force in millionaire creation but today, that mantle is being passed over to Asia. The research found that the number of super-rich individuals in Asia climbed 19 percent in 2017, twice the North American growth rate, driven by increasing wealth levels in China. That has resulted in Hong Kong overtaking New York as the city with the largest UHNWI population. The former British colony saw its population of individuals worth $30 million plus go up 31 percent last year to 10,000, beating The Big Apple's 8,900. Tokyo rounds off the top-three while Paris leads the way for Europe in fifth with 4,000.

By Niall McCarthy, satista.com

https://www.statista.com/chart/15360/the-top-10-cities-with-the-highest-ultra-high-net-worth-population

 

 

CLFP Academy for Lease & Finance Professionals
One Open: Scottsdale, Arizona  January 3, 2019

The Certified Lease & Finance Professional (CLFP) Foundation has scheduled at this time two Academies for Lease & Finance Professionals (ALFP). One is sold out. The class is a three-day event designed to fully prepare an individual to sit for the CLFP exam assuming that the candidate has read and studied The Certified Lease & Finance Professionals’ Handbook prior to attending the class. During the first two days, all of the required sections of the CLFP exam are covered in-depth and on the third day, the exam is offered, but not mandatory.

There are also internal Academies year (meaning hosted by the company and only internal employees were invited).

Thursday, January 03, 2019
Start: 8:00 AM (UTC-07:00) End: Sat., January 05, 2019 4:00 PM (UTC-07:00
Location: Hosted by Ascentium Capital LLC, 4141 N. Scottsdale Rd., Scottsdale, AZ
Spaces left: 15
Registered: 10 registrants

Hotel recommendation:

Scottsdale Marriott Suites Old Town
7325 East 3rd Avenue
Scottsdale, AZ 85251

The cost to attend the class is $750 and the cost of the exam is $695.  When purchased together, the total is discounted to $1400. Current CLFPs are offered a discounted price of $395 and class attendance satisfies the Recertification requirement.

For more information, call Executive Director Reid Raykovich, CLFP at (206) 535-6281 or Sandy Vigilia, Executive Administrator (206) 535 – 6281. Visit http://www.CLFPFoundation.org.

 

Labrador Retriever/Golden Mix
Long Beach, California  Adopt-a-Dog

Lucy
Female
White
Age:2 Years
Weight: 61 lbs.
Spayed
House-Trained
Good with Kids
Good with Dogs
Shots Up to Date

"Lucy is a sweet 2-year-old Labrador/Golden Mix. She was surrendered to the rescue by her owner who could no longer keep her. Lucy is great with kids and other dogs, but we are unsure about cats because we have never had her around one. She is up to date with vaccines, spayed and microchipped. Lucy has also had an exam with the vet & blood work done which revealed that she is a very healthy dog! She is also house trained and crate trained. Please send us an email if you are interested in meeting Lucy!"

You can contact us to privately meet any of our dogs!

Hopeful Paws Dogs Rescue
Long Beach, CA 90805
pawscrossedanimalrescue7@gmail.com

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

 

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Leasing and Finance Associations
Alternate Finance Associations

American Association of Commercial Finance Brokers (AACFB)     The American Bankers Association (ABA) The Electronic Payments Associations (NACHA) Leaseurope American Financial Services Association (AFSA) Equipment Leasing and Finance Association (ELFA)   Association for Governmental Leasing & Finance (AGLF) Equipment Leasing and Finance Foundation (ELFF) National Equipment Finance Association(NEFA) Canadian Finance & Leasing Association (CFLA) Independent Community Banks of America (ICBA) National Vehicle Leasing Association(NVLA) Certified Leasing and Finance Professional Foundation (CLFP) Information Technology Resellers Associations (ITAA) Truck Renting and Leasing Association(TRALA) Commercial Finance Association (CFA) Institute of International Container Lessors(IICL) Small Business Finance Association(SBFA)

Alternate Finance Associations
United States

http://leasingnews.org/archives/Jul2017/07_17.htm#alternate

News Briefs----

SEC Alleges Hallandale Cash Advance Firm Defrauded
      3,400 investors out of $287 million
http://www.sun-sentinel.com/business/fl-bz-sec-alleges-hallandale-firm-defrauds-3400-investors-20180830-story.html

Tesla Model 3 = #1 Best Selling Car In The US
   (In Revenue)
https://cleantechnica.com/2018/09/09/tesla-model-3-becomes-1-best-selling-car-in-the-us/

Larry Summers Calls Fed Bank Stress Test Results ‘Absurd'
Ex-Treasury secretary calls for higher capital requirements
https://www.bloomberg.com/news/articles/2018-09-08/larry-summers-calls-latest-fed-bank-stress-test-results-absurd

Apple vs. Trump: Who is right?
willingly spend $2,000 for an iPhone that today costs a grand?
https://www.usatoday.com/story/tech/talkingtech/2018/09/09/apple-vs-trump-who-right/1248375002/

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You May Have Missed---

Ford Kills Plan to Sell Chinese-Made Cars in US
Not Going to Start Manufacturing Them Here Instead
https://jalopnik.com/ford-plans-to-stop-selling-chinese-made-cars-in-the-us-1828919615

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BOB SHEPARD
Bill Lattanzi

Trans migratory birds -
Orioles, Jays, Cards -
In town one day, gone the next.
Our cities connect by rail by bus by train
By plane, by wire and less.
We move.
Born in the burbs, 90 miles from your
Calm, Bob Shepard:
"Now batting. The Centerfielder. Mickey Mantle."
And you were old then. Doing your crosswords,
Looking up at just the right moment, never
Missing a line. Your P.A. voice sitting
kindly between the squawk of the Scooter and
the Ol' Redhead, wised up, seen it all.

We migrate and grow by rail and plane and
PF Flyer - running faster, jumping higher -
Now we're minutes from Fenway, and
Sox fans, too. Proof that peace is possible;
It's all a game. And with my sons
We sit, ghost of my Dad and we and them and watch
Rootless and rooted, rooting,
And listen for you, Bob Shepard,
87 I think you are, still there,
In between clever McCarver and professional Buck.
Look up, Bob. Look up.
"Number 2. The shortstop. Derek Jeter. Jeter."
The game goes on.

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Sports Briefs---

NFL Week Scores
https://www.nytimes.com/2018/09/09/sports/nfl-week-1-scores-highlights.html

49ers’ Garoppolo tosses three INTs in season-opening loss to Vikings
https://www.sfgate.com/49ers/article/Garoppolo-tosses-three-INTs-in-49ers-13216357.php

Serena Williams fined $17K for rules violations at US Open
https://www.sfgate.com/news/article/Serena-Williams-fined-total-of-17K-at-US-Open-13216068.php

Giants lose eighth straight as Bumgarner hits Braun, allows slam
https://www.sfgate.com/giants/article/Giants-lose-eighth-straight-as-Bumgarner-hits-13216412.php

Well-balanced Stanford too much for USC
https://www.sfchronicle.com/college/jenkins/article/Well-balanced-Stanford-too-much-for-USC-13215685.php

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California Nuts Briefs---

New fire near Lake Berryessa in Napa County forces evacuations
https://www.sfgate.com/california-wildfires/article/Gusty-conditions-could-accelerate-blaze-s-13214719.php

New California bridge gets sensors to gather earthquake data
https://www.sfgate.com/news/science/article/Sensors-on-new-California-bridge-to-record-13202391.php?utm_source=sfgate&utm_medium=hp&utm_campaign=hpsci

 

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“Gimme that Wine”

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

Why the Tasting Room is Dead
https://www.winemag.com/2018/09/06/tasting-room-dead/

Proposed Mondavi family winery generates controversy in Angwin
https://napavalleyregister.com/news/local/proposed-mondavi-family-winery-generates-controversy-in-angwin/article_a8aae680-4b85-5f46-9f41-c6b920820d09.html

Louis M. Martini Winery Announces
   The Restoration of the Historic Winery
https://www.prnewswire.com/news-releases/louis-m-martini-winery-announces-the-restoration-of-the-historic-winery-300708356.html

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

      1565 - Billiards was played in St. Augustine, Florida, brought to America by the Spaniards who were the first to settle the area.
    1608 - English adventurer John Smith is elected council president of Jamestown, Virginia, the first permanent English settlement in North America.
    1718 - The Collegiate School at New Haven, CT, changed its name to Yale.  Congregationalists, unhappy with an increasing religious liberalism at Harvard, had founded Collegiate, the third oldest college in America, in 1701.
    1776 - George Washington asks for a spy volunteer and Nathan Hale stepped forward.
http://www.odci.gov/hale.html
http://www.findagrave.com/cgi-bin/fg.cgi?page=grandGRid=2306
http://www.seanet.com/Users/pamur/nhale.html
    1794 - Blount College, the first nondenominational church was charted at Knoxville, TN.  Now the University of Tennessee, the charter provided that the college “take effectual care that students of all denominations may and shall be admitted to the equal advantages of a liberal education and to the emoluments and honors of the college, so that they shall receive a like, fair, generous, and equal treatment during their residence therein.” The first president was Samuel Carrick.
    1813 - The American naval officer Oliver Hazard Perry left Erie, PA, with a fleet of nine ships and encountered a squadron of six British warships off Put-in-Bay, Ohio, today, which history calls “The Battle of Lake Erie.”  Perry’s attack was hampered by his short-range guns, and his ship was battered to a hulk with only a handful of capable men left. He left his flagship Lawrence and renewed the fight from a sister ship, the Niagara, and had the satisfaction of seeing the British strike their colors. He returned to the Lawrence to accept the British surrender, then sent to Gen. William Henry Harrison, commander in the west, the victory dispatch containing the words, “We have met the enemy and they are ours.” The Americans gained control of Lake Erie, and the British were obliged to withdraw from Detroit, further strengthening the U.S. position in the Great Lakes.
    1820 - Missouri entered the Union under the Missouri Compromise of 1820, admitting Missouri as a slave state while admitting Maine as a free state, and prohibiting slavery in Louisiana Territory north of the parallel 36º 30', Missouri's southern border.
http://memory.loc.gov/ammem/today/aug10.html
    1846 - Following the failure of all Mormons to leave Nauvoo, Illinois in May as agreed to after the assassination of Joseph Smith and his brother in Carthage, Illinois two years ago, a thousand anti-Mormon "Regulators" led by Colonel Thomas Brockman order the first assault on the remaining Mormons at Nauvoo. Regulator cannon fire drives Mormon families from their homes towards the Mississippi River.
    1848 - Gold dust price set at $16 per ounce; San Francisco citizens demanded that the United States open a branch mint in San Francisco.
    1852 - Birthday of Alice Brown Davis (1853-1935) at Park Hill, OK.  She was a leader and, for a short time, the chief of the Seminole Indians. She married a white man who deserted her and their 11 children when the youngest was three. They had operated a trading post for the Seminoles in Oklahoma where her family had settled after the Civil War. Most of the children became prominent community and government leaders. She reportedly became an amazing symbol of strength among her people who resided near the Cherokee in Oklahoma. She even went with a group as an interpreter to seek land in Mexico. Her people's self-government was effectively abolished when the State of Oklahoma set up counties that submerged the Indian population with white voters. Because the U.S. government needed a chief's signature for a piece of Florida property, President Warren G. Harding appointed her chief of the Seminoles. She had previously visited the "lost" group of Seminoles who had hidden in the Florida Everglades to escape the forced migration that became the Trail of Tears and established a dialogue between the two groups. Instead of signing, Davis demanded reparations and she was summarily removed and a U.S. government official illegally signed the deed. The Seminoles, under her guidance, took the matter to court and finally won a settlement in 1946, 11 years after Davis' death.
http://www.seminolenation-indianterritory.org/alice_brown_davis.htm
    1857 - Mountain Meadows Massacre. Mormons offered to escort to safety from the Indians a Gentile train passing through Utah.  They then lined up all the adult males in single file with a Mormon guide on each side, and, at a prearranged signal, massacred them all in cold blood. Mormon Militia, disguised as Indians and the real Indians, moved in on the women and older children, shooting, clubbing and tomahawking them to death.
http://members.aol.com/tnf49/mm.html
http://www.xmission.com/~country/reason/lee_mm.htm
    1862 - Rabbi Jacob Frankel (1808-87) of Philadelphia, PA became the first Jewish Army chaplain, four months after Congress amended its law of 1861 requiring chaplains to be Christians. Frankel served from 1863 through 1865 at the United States Hospital in Philadelphia. 
    1877 - Katherine Sophie Dreier (1877-1952) was born in Brooklyn.  U.S. painter and modern art museum founder. Instead of focusing on her considerable artistic talent, Dreier turned most of her energies towards gaining acceptance in the United States for modern art. Independently wealthy, she and artist Marcel Duchamp established Societe Anonyme in 1920, New York City's first museum of modern art. She published material and held lectures and the like to encourage acceptance of the new art forms. When the Museum of Modern Art opened in 1928, it eclipsed her museum and she later donated the collection to Yale University. Her sisters were Mary Elizabeth Dreier and Margaret Dreier Robins, both active in art and in social concerns. All three were active in the women's suffrage and rights movements.
http://www.variant.ndtilda.co.uk/14texts/William_Clark.html
http://etrc.lib.umn.edu/travbio.htm#dreier
http://askart.com/artist/D/katherine_sophie_dreier.asp
http://www.brickhaus.com/amoore/magazine/Davis.html
    1884 - Mississippi Congressman John R. Lynch (1847-1939), an African-American, was temporary chairman of the Republican National Convention, presiding over the meeting for a short period and becoming the first African American to chair a National Convention.  Born into slavery, he became free in 1863. In 1873, he was elected as the first African-American Speaker of the Mississippi House of Representatives. During Reconstruction, he was among the first generation of African-Americans elected to the US House, serving 1874-1877 and again in the 1880s.
http://blackhistory.eb.com/micro/362/20.html
http://www.duboislc.org/BlackPerspective/BlackPerspectivePart9.html
http://www.goantiques.com/texis,john_lynch_autograph,3d09410a0.html
    1908 - Composer/Band Leader/Inventor Raymond Scott (1908-94) birthday, Brooklyn.
http://www.raymondscott.com/  
    1908 – Bull Durham, born Louis Raphael Staub, of the minor league Indianapolis Indians, pitched and won both ends of a doubleheader against the Toledo Mud Hens. This was the 5th doubleheader this season in which Durham accomplished this feat. 
    1909 - Dr. Judith Kaplan Eisenstein (d. 1996) birthday, Bethesda, MD: U.S. author, musicologist, and composer. In 1922, Dr. Eisenstein was the first woman to have a bat mitzvah.  "No thunder sounded,” she said in 1992, recalling the ceremony. "No lightning struck." Allowing women the rite that had long marked the passage of Jewish males into religious adulthood proved to be the first of many changes broadening the role of women in Judaism. The changes now included their ordination as rabbis. She was the oldest daughter of Rabbi Mordecai Kaplan, the founder of the Reconstructionist branch of Judaism. Today the bat mitzvah ceremony (bar mitzvah is for boys) is an established practice within the Conservative, Reform and Reconstructionist branches of Judaism, and parallel celebrations are common in some quarters of Orthodox Judaism as well. Ceremonies like bar mitzvahs were often overshadowed by lavish parties.  "Bat mitzvah began not just as a statement of feminism,” she said, "but as a statement of dedication to something larger than oneself."
From 1929 to 1954, Dr. Eisenstein taught music education and the history of Jewish music at Jewish Theological Seminary's Teacher's Institute, now known as the Albert A. List College of Jewish Studies in New York City. While there, she published a Jewish songbook for children, “Gateway to Jewish Song,” which was followed by other books of Jewish music and musical history for young people. From 1942 to 1974, she wrote seven cantatas on Jewish themes, among them the frequently performed, “What Is Torah”, which she wrote with her husband, Rabbi Ira Eisenstein. In 1959, at the age of 50, Dr. Eisenstein, who had earned a Master's degree in music education at Columbia University's Teachers College, began work for her Ph.D. at the School of Sacred Music of Hebrew Union college-Jewish Institute of Religion in New York. After receiving her degree, she taught there from 1966 to 1979, and also taught at the Reconstructionist Rabbinical College in Philadelphia.
http://www.rrc.edu/journal/recon62_1/eisenstein3.htm
    1910 - Great Idaho Fire destroys 3 million acres of timber
http://www.forestsoils.org/esc110/2001Spring/projects%
20010501/028/Idaho.html
http://www.usatoday.com/weather/news/2000/wwsternfire823.htm
http://abcnews.go.com/sections/us/DailyNews/fires000820.html
http://www.nifc.gov/stats/historicalstats.html
    1913 - The Lincoln Highway, a 3,389 mile highway stretching from Times Square in New York City to Lincoln  Park in San Francisco, CA was opened, becoming the first coast-to-coast paved road. It was originally proposed by Carl Graham Fisher. The highway traversed 13 states—New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Iowa, Nebraska, Colorado, Wyoming, Utah, Nevada, and California ---and cost about $10 million. The first complete coast-to-coast run over the official route was made by Neil Patterson.
    1913 – Honus Wagner was given a souvenir bat carved from a piece of wood taken from naval hero Oliver Perry's flagship Niagara, which was sunk in Lake Erie 100 years earlier. 
    1918 – A year before the infamous Black Sox, players on both sides, Cubs and Red Sox, of the World Series threatened to strike unless they were guaranteed $2,500 to the winners and $1,000 each for the losers. They backed off, however, when told they will appear greedy while their countrymen are fighting a war. There were no fines, but no World Series rings or mementos were given out. 
    1919 - A hurricane struck the Florida Keys drowning more than 500 persons.
    1922 – The Yankees played their last game at the Polo Grounds, before moving to the original Yankee Stadium in 1923.
    1924 - Leopold and Loeb found guilty of murder
http://www.suba.com/~scottn/explore/scrapbks/leo_loeb/ll_txt14.htm
http://www.suba.com/~scottn/explore/scrapbks/leo_loeb/ll_txt16.htm
http://www.spartacus.schoolnet.co.uk/USAleopold.htm
http://www.jurist.law.pitt.edu/trials5.htm
http://www.leopoldandloeb.com/
http://crimelibrary.com/loeb/loeb/loebmain.htm
http://store.aetv.com/html/catalog/vp01.jhtml
http://douglass.speech.nwu.edu/darr_b17.htm
http://www.suba.com/~scottn/explore/scrapbks/leo_loeb/ll_txt11.htm
http://www.law.umkc.edu/faculty/projects/ftrials/leoploeb/LEO_PHO2.HTM
    1929 - Birthday of golfer Arnold Palmer (d. 2016), Latrobe, PA.
    1934 - Birthday of Roger Eugene Maris (1934-85), Hibbing, MN. In 1961, Maris broke one of baseball’s sacred records, hitting 61 home runs to surpass the mark of 60 set by Babe Ruth in 1927. He won the American League MVP award in 1960 and in 1961 and finished his career with the St. Louis Cardinals.  Over his 12-year Major League career, Maris played in seven World Series, five as a member of the Yankees and two with the Cardinals, three of which were as World Series champions.
    1939 - Charlie Barnet records “The Duke’s Idea.” (Bluebird 10453)
    1941 - Woody Herman records “Blues in the Night.”    
    1945 - Birthday of Jose Feliciano, born José Monserrate Feliciano García Lares, Puerto Rico.  Singer, musician “Light My Fire,” “Hi-Heel Sneakers.”
    1950 -Aerosmith guitarist Joe Perry was born in Lawrence, MA.
    1950 - Lefty Al Lien of the PCL San Francisco Seals threw a 17-inning, 1 - 0, shutout over the Hollywood Stars.
    1950 - Eddie Cantor moved from radio to TV, as he hosted the "Colgate Comedy Hour" on NBC. 
    1951 - Florence Chadwick of San Diego, CA, became the first American woman to swim the English Channel from both coasts. 
    1952 - Top Hits
“Auf Wiedersehn, Sweetheart” - Vera Lynn
“Walkin’ My Baby Back Home” - Johnnie Ray
“Wish You Were Here” - Eddie Fisher
“Jambalaya (On the Bayou)” - Hank Williams
    1954 - Swanson sells its first "TV dinner,” turkey and gravy. Chicken came a few years later; remember no microwave in the early days.  In 1962, Swanson stopped calling them TV dinners but we didn’t.
http://www.naplesnews.com/today/business/d248291a.htm
http://www.foodreference.com/html/arttvdinners.html
    1954 - “Gunsmoke” premiered on TV. “Gunsmoke” was TV’s longest-running western, moving from radio to TV. John Wayne turned down the role of Marshall Dillon. James Whitmore was then chosen, but he declined, recommending his neighbor James Arness (Whitmore lived across the street from us and Arness a few blocks away---Arness drove my brother and I to high school for several years in his station wagon on his way to work). Other regulars included Amanda Blake as Kitty Russell, saloon-owner; Dennis Weaver as Chester B. Goode, Dillon’s deputy; and Milburn Stone as Doc Adams. In 1962, a fifth character was added---the “rugged male.” Burt Reynolds played Quint Asper, followed by Roger Ewing as Thad Greenwood, and Buck Taylor as Newly O’Brien.   In 1964, Ken Curtis was added as funnyman Festus Haggen, the new deputy. “Gunsmoke” was incredibly popular, both as a half-hour and hour-long show, as the number-one rated series for four seasons, and top ten hit for six seasons. The last telecast was September 1, 1975.  My father Lawrence Menkin wrote several “Gunsmokes.”
    1955 - Bert Parks began a 25-year career as host of the "Miss America Pageant" on NBC. The show became a TV tradition as Parks sang to the newly-crowned beauty queen, “There She is ... Miss America.” The song was composed by Bernie Wayne and was sung for the first time on this day. Sharon Kay Ritchie was the first Miss America to be honored with the song. When she married singer Don Cherry ("Band of Gold"), "There She Is" was part of the wedding ceremony. 
    1955 - Chuck Berry's "Maybellene" peaks at #5 on the pop chart.
    1956 - Record stores are swamped with requests for Elvis Presley's "Love Me Tender." The song, which is the title track of his next movie, had not been released.
    1960 - Hurricane Donna struck the Florida Keys with winds gusting to 180 mph and a thirteen-foot storm surge. The hurricane then moved north along the eastern coast of Florida and inundated Naples before moving out to sea. Hurricane Donna claimed fifty lives, injured 1800 others, and caused more than 300 million dollars damage. The Marathon/Tavernier area was almost completely destroyed, and in the Citrus Belt, most of the avocado crop was blown from the trees. Hurricane Donna wreaked havoc from Florida to Maine, with wind gusts to 100 mph along much of the coast. Hurricane Donna produced wind gusts to 121 mph at Charleston, SC on the 11th, and wind gusts to 138 mph at Blue Hill Observatory, MA on the 12th. The hurricane finally died over Maine two days later, producing more than five inches of rain over the state.
    1960 – Mickey Mantle unloaded one of his longest HRs, clearing the RF roof at Detroit’s Briggs Stadium and landing in the lumber yard across Trumbull Avenue.   In June, 1985, Mantle's blow will retroactively be measured at 643 feet, and will be listed in The Guinness Book of World Records at that distance. 
    1960 - Top Hits
“It’s Now or Never” - Elvis Presley
“The Twist” - Chubby Checker
“Volare” - Bobby Rydell
“Alabam” - Cowboy Copas
    1961 – Mickey Mantle belted HR #53, moving closer to teammate Roger Maris, at 56.
    1962 - Mickey Mantle hit his 400th career round-tripper. 
    1963 - Twenty black students entered public schools in Alabama.
President John F. Kennedy federalizes Alabama's National Guard to prevent Governor George C. Wallace from using guardsmen to stop public-school desegregation.
http://www.stanford.edu/~tommyz/1960's/Birmingham.htm
    1964 - Rod Stewart recorded his first tune, titled "Good Morning Little Schoolgirl," for Decca. It was not one of his more successful recordings.
    1965 - Hurricane Betsy slammed Louisiana with winds gusting to 130 mph at Houma. There were 58 deaths and over 17,500 injured. The storm surge and flooding from torrential rains made Betsy the first billion-dollar hurricane with losses exceeding $1.4 billion
    1966 - “Star Trek” premieres on TV. The first of 79 episodes aired on the NBC network. Although the science fiction show set in the future only lasted a few seasons, it has remained enor­mously popular through syndication reruns. It has been given new life through six motion pictures, a cartoon TV series and the very popular TV series “Star Trek: The Next Generation” and “Star Trek: Deep Space Nine.” It has consistently ranked among the biggest titles in the motion picture, television, home video and licensing divisions of Paramount Pictures.
    1966 - Beatles' "Revolver," album goes #1 and stays #1 for 6 weeks.
    1966 - “The Road Runner Show” premiered on TV. Meep! Meep! The Road Runner, a clever bird who always outwitted Wile E. Coyote and his Acme schemes, had his own cartoon series for three seasons. Other times, this character was on a show with Bugs Bunny called “The Bugs Bunny/Road Runner Hour.”
    1966 - The Monkees' "The Last Train to Clarksville" is released.
    1966 - Wilson Pickett's "Land of 1000 Dances" peaks at #6 on the chart while The Troggs' "With A Girl Like You" peaks at #29 on the chart.
    1967 - “Gentle Ben” premiere on TV. This show was about the adventures of a boy, Mark Wedloe (Clint Howard) and his pet bear, Ben. Also featured were Dennis Weaver as his father, Tom, a game warden. Beth Brickell as his mother Ellen, Jack Worley as Tom’s friend Spencer and Angelo Rutherford as his friend Willie. It was filmed on location in Florida.
    1968 - Top Hits
“People Got to Be Free” - The Rascals
“Born to Be Wild” - Steppenwolf
“Light My Fire” - Jose Feliciano
“Mama Tried” - Merle Haggard
    1971 - At Metropolitan Stadium in Minneapolis, Harmon Killebrew becomes the tenth player to join the 500 home run club as hits the historic homer in the first inning off Mike Cuellar. Later in the game, the 36-year old first baseman connects for #501, but Killer's two round-trippers are to no avail as the Twins lose to the Orioles in 10 innings, 4-3.
    1972 - Muhammad Ali defeated Ken Norton in a heavyweight boxing match and avenged a loss to Norton the previous March. 
    1972 - The United States lost its first basketball game in Olympic history, snapping a streak going back to 1935, when the Soviet Union won the gold medal game at the Munich Summer Games, 51-50. The game was quite controversial. After the clock expired with the US ahead, International Amateur Basketball Federation officials intervened and required the referees to replay the last three seconds. This time, the Soviets scored to eke out the victory. US officials protest in vain. The American team refused to accept the silver medal.
    1973 - No. 1 Billboard Pop Hit:  “Delta Dawn,'' Helen Reddy. Reddy is the fifth female vocalist to record the song.
    1974 - Lou Brock of the St. Louis Cardinals broke Maury Wills’ 1962 major-league record for stolen bases in a season. ‘Lightning’ Lou stole his 105th base on his way to a career total of 938 stolen bases. 
    1976 - Top Hits
“You Should Be Dancing” - Bee Gees
“You’ll Never Find Another Love like Mine” - Lou Rawls
“Let ’Em In” - Wings
“(I’m A) Stand by My Woman Man” - Ronnie Milsap
    1978 – The Yankees topped the Red Sox, 7-4, outhit the Red Sox 67-21, and outscored them 42-9, in a four-game sweep that became known as the "Boston Massacre." It left the teams in a tie for first place and capped a remarkable Yankee march to the top from 4th place and 14 games out in early August.  They would finish tied, forcing a playoff that was won on Bucky Dent’s 3-run HR of the Sox’ Mike Torrez.  In the bottom of the ninth, with the tying and winning runs on base, Carl Yastrzemski popped up to end the game.  This propelled the Yankees to the 1978 World Series championship repeat when they again beat the Dodgers.
    1980 - The Rolling Stones release "She's So Cold."
    1983 - Jackson Browne's "Lawyers in Love" peaks at #13 on the singles chart while Peter Gabriel's "Solsbury Hill" peaks at #84.
    1983 - AC/DC's "Flick of the Switch" LP enters the chart.
    1984 - The Federal Communications Commission changed the rules. The FCC allowed broadcasters to own 12 AM and 12 FM radio stations. The previous limit was 7 of each. 
    1984 - Top Hits
“What’s Love Got to Do with It” - Tina Turner
“Missing You” - John Waite
“She Bop” - Cyndi Lauper
“Tennessee Homesick Blues” - Dolly Parton
    1986 - During Billy Martin Day at Yankee Stadium, the Bronx Bombers retire uniform #1 to honor their scrappy second baseman and four-time manager.
    1986 - Birthday of American Composer Jason Rudolf, Decatur, Illinois
    1988 – Steffi Graf wins US Open, 1st woman Grand Slam since Court (1970)
    1988 - Robert Palmer's "Simply Irresistible" peaks at #2 on the singles chart while Guns N' Roses' "Sweet Child O' Mine" hits #1 and Van Halen's "When It's Love" hits #5.
    1989 - After fifteen months of recovery from cancer surgery to his arm, Dave Dravecky pitches one-hit baseball for seven innings blanking the Reds to get the victory. The Giant bullpen holds on for a 4-3 win at Candlestick Park.
    1989 - Light snow fell in Montana overnight, with three inches reported at Fairfield. Billings, MT reported a record low of 33 degrees. Unseasonably warm weather prevailed in the northeastern U.S., with record highs of 86 degrees at Caribou, ME and 90 degrees at Burlington, VT.
    1990 - 19 year old Pete Sampras beats Andre Agassi to win the US Open
    1990 - First time in NY Yankee history they are completely swept in a season series, Oakland A's beat them 12 games to 0 
    1990 - Hard Rock Cafe opens in Las Vegas Nevada.
    1993 - “The X-Files” TV Premiere. “The Truth is Out There” was the mantra of Fox’s scary and brainy sci-fi drama. Special FBI agents Fox Mulder (David Duchovny) and Dana Scully (Gillian Anderson) solved cases too weird for the Bureau and also uncovered a vast conspiracy 9nvovling aliens and human-alien hybrids. TV Guide named “The X-Files” one of the greatest TV shows of all time. A feature-length file was created as well. The series ended in 2002.
    1995 - Cyndi Lauper wins an Emmy for her guest appearance on "Mad About You.”
    1997 - In a 7-6 loss to the Giants, Cardinal Mark McGwire becomes only the second player in major league history to hit 50 home runs in consecutive seasons. Babe Ruth accomplished the feat twice in 1920-21 and 1927-28 seasons.
    2002 - Sammy Sosa hits three home runs in consecutive at bats in the third, fourth and fifth innings tying a Cubs' record with nine RBIs established by Heinie Zimmerman in 1911. With his sixth career three-homer game performance, the Chicago right fielder also ties the Major League record set by Johnny Mize and he also becomes only the fifth player in big league history to homer in three straight innings.
    2003 - Rafael Furcal becomes the 12th player to turn an unassisted triple play in big league history. With runners on Cardinals on first (Orlando Palmeiro) and second (Mike Matheny) in the fifth inning, the Braves shortstop makes a leaping catch of pitcher Woody Williams' liner steps on second base to double up Matheny before tagging out Palmeiro who is attempting to get back to first base.  
    2010 – In San Bruno, CA, a fire began with a massive natural gas line explosion, killing 4, destroying many homes and continued burning.   A 30-inch pipeline owned by PG&E exploded into flames in the residential neighborhood 2 mi west of San Francisco International Airport.  The USGS registered the explosion and resulting shock as a magnitude 1.1 earthquake.  Eyewitnesses reported the initial blast "had a wall of fire more than 1,000 feet high."  On April 1, 2014, PG&E was indicted by a federal grand jury in U.S. District Court, San Francisco, for multiple violations of the Natural Gas Pipeline Safety Act of 1968 relating to its record keeping and pipeline "integrity management" practices.   An additional indictment was issued by the grand jury on July 29, 2014, charging the company with obstruction of justice for lying to the NTSB regarding its pipeline testing policy, bringing the total number of counts in the indictment to 28.  On January 21, 2017, PG&E was fined $3 million and ordered to perform 10,000 hours of community service for criminal actions of violating the Natural Gas Pipeline Safety Act and for obstruction of justice. In addition, it must institute a compliance and ethics monitoring program and spend up to $3 million to "publicize its criminal conduct." These actions were imposed after the company was found guilty by a federal jury in August, 2016 of six of the twelve charges against the company in US District Court.
    2012 – At the US Open, Andy Murray of the UK won the Men’s’ Singles title, defeating Serbia’s Novak Djokovic, becoming the first British player to win a Grand Slam singles title since Fred Perry 76 years ago.
    2014 – Microsoft acquired Mojang AB, the creators of Minecraft, at a valuation of $2.5 billion.
    2014 – President Obama announced the US will increase support for forces fighting ISIS, including air power, military training and other aid but without US troops battle involvement.