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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
bank, finance and leasing industries

Tuesday, April 4, 2017

Today's Equipment Leasing Headlines

Position Wanted – Asset Management
  Will Work Remotely or Relocate for Right Opportunity
Top Stories: March 27 - March 31
  (Opened Most by Readers)
Shopko vs. Balboa Quarterly Interim Case Continues-
  One Side Never Caught the Mistake or Was it?
      by Tom McCurnin, Leasing News Legal Editor
Believe It or Not, California SB297, Finder Exception
   To Licensing, Moves Forward
       By Tom McCurnin, Leasing News Legal Editor
Financial Pacific Passes $1 Billion Milestone
   Surpasses Four-Fold Increases from Umpqua Bank Acquisition
Academy for Lease & Finance Professionals
    Classes Scheduled
Eastern Funding Surpasses $2 Billion in Projects
  Celebrates 20th Year in Business
AP Hires Senior Vice President of Vendor Finance
    Nick Gibbens, CLFP, from Bank of the West
Great Pyrenees/Mixed
  Dallas, Texas  Adopt a Dog
News Briefs---
Amazon Cash lets you shop without a bank card
 New Service Allows Customers to Add Funds to Amazon
Car Sales Keep Falling,
  but Buyers Pay More for Trucks, S.U.Vs

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
Leasing News Icon for Android Mobile Device 

You May have Missed---
Watches Worn by Most Powerful CEOs in the World
  Spring Poem by Barry Marks, Esq.
  Sports Brief----
   California Nuts Brief---
   "Gimme that Wine"
     This Day in American History
       Daily Puzzle
         Weather, USA or specific area
          Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer.

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Position Wanted – Asset Management
Will 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:

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. 

Asset Management

5 time Presidents Club Franchise Player with 20+ years in Logistics, Collections, Technology Pricing/Appraisal ( NAPA) Certified, Portfolio Appraisal Inventory receivable proficient, Management Control System Developer & Specialist. Proactive communications & Equipment Dealer Specialist for Healthcare/Printing/Office Equipment & Industrial portfolios. Specialist in ALL Inventory receivable channels.



Top Stories: March 27 - March 31
(Opened Most by Readers)

(1) Opinion: Ascentium Capital Alleged Scandal
   by B.D. Boettigheimer, CLFP, President, Lease Police

(2)  Ninth Circuit Slams Merchant Cash Advance
       Companies in Rico Class Action
by Tom McCurnin, Leasing News Legal Editor

(3) New Hires---Promotions in the Leasing Business
    and Related Industries

(4) Disturbing Bankruptcy Trends
   Credit Today's Weekly eNews

(5)  'Hell or High Water' Clauses in Review
   By Tom McCurnin, Leasing News Legal Editor

(6)New Hires---Promotions in the Leasing Business
  and Related Industries

(7) Leasing News Help Wanted Ads Open
   Please Support Our Publication

(8) LinkedIn Women in Leasing Group

(9) Number of Retail Stores Closing Early 2017
  Chart----RIP, Retail as We Know It

(10) How to Take Control of Your Email Inbox
   by Kit Menkin



Shopko vs. Balboa Quarterly Interim Case Continues-
One Side Never Caught the Mistake or Was it?

by Tom McCurnin, Leasing News Legal Editor

Shopko v Balboa Capital. 8:16-cv-99 JLS (2016)

"The Balboa Way"

It appears almost every leasing company uses "interim rent" covering days before the actual lease payments begin, but very few use interim quarterly rent. In legal complaints as well as complaints to Leasing News, Balboa Capital, San Ramon, California, has been known for promoting quarterly lease payments to take advantage of an 89-day interim rent.

Balboa Capital, in this case, ACH’ed Shopko Stores Operating Company, Green Bay, Wisconsin, for quarterly interim rental payment for nearly $70,000, a complete windfall. Considering that this occurred over 13 different leases, many with quarterly payments of over $100,000, and you’ve got a $750,000 windfall to the lessor (1). The lessee sued, requesting a little under $800,000.

It is interesting to note the testimony of the person who coordinated the lease and who was involved in the changing of the dates of starting the lease is now a leasing company president, who is continuing the same procedure, as he noted in a deposition (2). When Don Hansen left Balboa, he was Vice President of Commercial Finance Division (3). What makes the case even more interesting is that Shopko admits it did not catch the interim rent clause or procedure, and in the lessors’ deposition, the former Balboa employee, now president of his own company, does not call it a "mistake," but a procedure in which they choose the starting date, as per the terms of the leasing contract (4).

The alleged scheme went something like this:

The lessee signs paperwork which arguably allows the lessor to charge interim rent to the next calendar quarter. Assuming the schedule is signed March 20, and that the vendor was paid on that day, that would, by most reasonable readers, allow the charging of quarterly interim rent to the next calendar quarter—April 1. So far, so good. But what Balboa Capital allegedly did was manipulate the commencement date of the lease, moving it back, to say, April 2. That way, it can charge a full 89 days of interim rent. 

The Balboa employee at the time was Don Hansen, now president of Regents Capital, Costa Mesa, California, who was asked in deposition:

Q. Does the interim rent provision in the Master Lease Agreement for capital leases for Regents follow a similar general approach, based on your understanding sitting here today?
A. It is similar.  (4, page 24)
Q. Okay. And just to be clear, Regents Capital charges pro-rata and/or interim rent on capital leases?
A. We do.
Q. And capital leases are leases that have either a dollar option or a nominal purchase option at the end of the lease term?
A. Yes.
  (4, page 61)

Balboa has filed a Motion for Summary Judgment which plainly states that an in-house employee of the lessee knew, or should have known, that the interim was in fact charged more than a year earlier that thought, and thus, the complaint of the lessee Shopko is "time barred." The argument is that this in-house person is a really smart person and should have figured out that a charge which was 1% less than the scheduled quarterly lease payment was really quarterly interim rent, or 89/90ths of a payment. That’s asking a lot, but that’s their argument. 

The lessee, Shopko, argued that the in-house person was not as smart as Balboa contended and the documents from which she was supposed to have made the conclusion are contradictory and ambiguous. 

Putting aside the merits of the summary judgment, which may or may not be granted, the evidence the lessee put before the court is fascinating for peeling away the curtain of quarterly interim rent.

In one exchange, the Balboa sales person, David White, noticed that the commencement date was very close to the next quarter and wanted to charge the lessee the full quarter of payments (90 days) plus an additional week!  Well, he said, technically we can change the commencement date, without contacting the customer and get another 3 months of revenue. Yay! 

So, his proposal was to charge the lessee 95 days or so of quarterly interim rent. To that proposal, Mr. Hansen’s response was to effectively delay the commencement of the lease, so that only 89/90ths of a rent payment would be charged as quarterly interim rent.  Lest this point gets missed by readers, the commencement date of a lease is that date when the lessee signs a Delivery and Acceptance. But Mr. White essentially manipulated the commencement date to a later date (without customer consent), so that more quarterly interim rent could be charged. 

Both Hansen and White were deposed and, when bluntly asked the business purpose of charging quarterly interim rent, they would respond that since the contract allows it, the lessor will charge it. 

Q. Please look into the camera and explain what the business purpose is for Balboa to charge Shopko 89/90ths of a quarterly payment as prorated or interim rent for 10 each of these 13 leases.
A. Okay. We charged interim rent because that's what it was agreed in the contract.
Q. So Balboa could have picked day 1; correct?
A. Balboa could pick day 1 if we chose
Q. You pick that, you, Balboa; correct?
     A. Balboa has the ability, per the contract, to pick that date, correct.
Q. Right. But the customer doesn't pick it; correct?
A. Correct. …Balboa can pick any date in the following quarter. (2, pages 24, 25)

What are the takeaways here?

• First, Quarterly Interim Rent Has No Valid Business Purpose. None of the witnesses could explain it or justify it other than to say, it’s what they cleverly and ambiguously put in the contract. In the old days, monthly interim rent was charged for the cost of funds between delivery and commencement.  That’s a great trick if you can manipulate the commencement date.

• Second, Balboa Has a Decent Argument for the Summary Judgment That the Lessee Should Have Noticed The Charge. Whether or not the Court will accept that in the face that Mr. Hansen and Mr. White apparently altered commencement dates to increase revenue is another story. 

(1) Balboa Capital Tagged for Quarterly Payment Scam

(2) Shopko Final Excerpts

(3) Vice President of Commercial Finance Division when he left Balboa
     Shopko Hansen Deposition  page 25)

(4) Shopko Hansen Deposition

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
Visit our web site at
Previous Tom McCurnin Articles:

Leasing News Tom McCurnin Biography

Previous Tom McCurnin Articles:



Believe It or Not, California SB297, Finder Exception
To Licensing, Moves Forward

By Tom McCurnin
Leasing News Legal Editor

Legislature Moves Closer to DeFacto Elimination of Licensing for Brokers, Substituting “Finders” In Lieu of Brokers

SB 297

Last month, I reported on new legislation proposed by the Legislature to effectively eliminate licensing of brokers, and instead. create a new category of registered “finders.” (1). As I reported, there was no practical difference between the practical definition of a broker (arranges a loan with the expectation of compensation) with the statutory definition of a “finder” (one who helps connect a borrower and finance lender). My point was why go through the charade of creating a new classification which swallows up brokers? Why not just eliminate the requirement of brokers and then create this new category, “finder.” 

In the parlance of our times, why not repeal and replace?

Last week, the Legislature referred the matter to the Banking and Finance Institutions Committee which added and clarified the language of the bill, and set the matter for hearing on April 5. 

The amendments are mainly superficial, but nevertheless they should be reported on.

First, the bill defines “finder.” Under current law, the definition of a broker is one acts for another in soliciting, negotiating, or arranging a loan with the expectation of compensation. A “finder” under the proposed legislation is one who, for with the expectation of compensation, helps bring together a prospective borrower and finance lender together regarding certain loan activities. If there is a difference between a “finder” and a broker, it is lost on me.

Second, to address the length of time the California Department of Business Oversight takes to process a potential application, if an application of a finder is not approved within 60 days, the finder may act provisionally. 

Third, in an interesting twist, the proposed legislation prohibits a licensee from compensating an unlicensed finder. So, lenders may still not compensate an unlicensed “finder.” 

Fourth, establishing an exemption for the occasional finder, striking the statutory language of five times a year, and simply referring to “occasional” use, whatever that means.
Fifth, requiring a “finder” to only disseminate written materials approved by a finance lender, which more or less makes the finder a captive to a stable of lenders. 

The bottom line to these new amendments is that this is merely another step in the process. I have difficulty believing that someone hasn’t caught on to the fact that a “finder” looks an awfully lot like a broker. Nor have we heard from the California Department of Business Oversight on this issue. 

(1) New Legislation Seeks to
Amend SB197 to Remove Licensing of Broker

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
Visit our web site at
Previous Tom McCurnin Articles:

Leasing News Tom McCurnin Biography

Previous Tom McCurnin Articles:


Financial Pacific Passes $1 Billion Milestone
Surpasses Four-Fold Increases from Umpqua Bank Acquisition

Financial Pacific Leasing, Inc., an Umpqua Bank company, has surpassed the $1 Billion milestone in total portfolio assets as of March 31st.  This represents a four-fold increase from when Umpqua Bank Holdings acquired FinPac in July of 2013.  FinPac continues to be the industry leader as a funding source for third party originators of small-ticket transactions across the U.S.  

Additionally, FinPac provides leasing products and services for Umpqua Bank clients in the vendor and middle-market commercial sectors.  Umpqua is the largest community bank west of the Rockies with over $24 Billion in assets.

P.S. Umpqua Bank recently landed at #16 on Forbes' Best Banks list; for the 8th straight year made FORTUNE's list of Best Companies to Work for; was ranked best bank in the Northwest region by J.D. Power & Associates!

Our thanks to the communities and the people who inspire us!

Paul J. Menzel, CLFP
President & CEO
877-222-8558  x121
800-510-0101  fax 




Academy for Lease & Finance Professionals
Classes Scheduled

The Certified Lease and Finance Professional Foundation offers a variety of study tools to help candidates prepare for the exam, including the CLFP Handbook, the CLFP Mentor Program and the Academy for Lease & Finance Professionals, a three-day event designed to fully prepare an individual to sit for the CLFP exam. Upon achieving the CLFP designation, recipients must meet ongoing requirements to maintain their elite status as a CLFP in Good Standing and retain the license to use the designation.

Academy for Lease & Finance Professionals - Chicago, IL hosted by BMO Harris and ECS Financial Services - SOLD OUT
Thursday, May 04, 2017 8:00 AM (UTC-06:00) • 3400 Dundee Rd., Suite 330; Chicago, Illinois

Academy for Lease & Finance Professionals - San Francisco, CA hosted by Allegiant Partners and Ivory Consulting Corp.
Thursday, June 22, 2017 8:00 AM • Crowne Plaza - Concord/Walnut Creek, California

Academy for Lease & Finance Professionals - Seattle area hosted by Orion First Financial
Thursday, July 20, 2017 8:00 AM • Orion First Financial - Gig Harbor, Washington

Academy for Lease & Finance Professionals - Dover, NH hosted by Ascentium Capital
Thursday, August 17, 2017 8:00 AM (EDT) • Dover, New Hampshire

Academy for Lease & Finance Professionals - Southern California Hosted by First National Capital
Thursday, October 12, 2017 8:00 AM • First National Capital,
Foothill Ranch, California

Tips on Preparing for the CLFP Exam:


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

Eastern Funding Surpasses $2 Billion in Projects
Celebrates 20th Year in Business

New York, NY - In 1997, Michael Fanger and Brian Grell launched Eastern Funding with a focus on the commercial laundry industry in the Northeast. Since then, the company has built upon its strong foundations, branching out nationwide and among the major milestones it is marking in 2017, entered the Canadian market.

Michael Fanger

“I remember when we started my goal was to have $20 million in annual fundings. To have funded over $2 billion in projects since then is gratifying” states Michael Fanger, Eastern Funding President.

Now in its 20th year, Eastern Funding is a premier equipment finance company operating nationally and has been recognized multiple times as a top provider in its category. As recently as 2016, Eastern Funding was recognized as a “Top 50 U.S. Bank Finance/Leasing Company” by Monitor.

As the leading non-captive financing company in the commercial laundry industry, Eastern Funding has helped thousands of laundry and dry-cleaning business owners with funds for new equipment, business acquisitions, refinancing and the building of new laundromats.

The company has expanded its footprint outside of laundry and is a leader in convenience store financing in the Northeast. The company’s Specialty Vehicle and Equipment Funding division was started 5 years ago and has grown into one of the foremost bank-owned financing companies in the tow and recovery industries.

Brian Grell
Executive Vice President

“Over the 20 years we have been in business, we have strived to be a resource for our customers and others in the industries we serve. Because we offer more than just financing, customers, equipment vendors and even some competitors have come to us for expertise and an unbiased look at the industry. We have built rock-solid relationships across these segments and we utilize them to help our customers grow their business” comments Brian Grell, Eastern Funding’s Executive Vice President.

About Eastern Funding LLC
Eastern Funding is a leading commercial lender to small and medium sized businesses nationwide. The company funds laundromats, dry cleaners, grocery/deli and convenience stores, specialty vehicles and other businesses. Its offering includes funding to buy a business, startup capital, equipment loans, and commercial real estate financing. With an unwavering commitment to building rock-solid customer relationships, Eastern Funding offers financing that’s fast, hassle-free and designed to help entrepreneurs grow their businesses.
Eastern Funding is a subsidiary of Brookline Bank. Learn more at

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


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

AP Hires Senior Vice President of Vendor Finance

Nick Gibbens, CLFP
 Former VP/Business Unit Manager Bank of West Indirect Business Equipment Finance Division

AP Equipment Financing is pleased to announce the hiring of Nick Gibbens, CLFP,. as Senior Vice President of Vendor Finance.  Mr. Gibbens will be responsible for the exploration and development of new market segments to AP.  Nick’s primary objective is the establishment of vendor finance relationships and programs in newly targeted industry verticals with the full support of current business development, marketing, and sales teams.

Chris Enbom, CLFP, CEO of AP, stated:
“We are extremely excited to announce that Nick is joining the AP Team. His experience and track record within the equipment finance world is exemplary and will be a huge asset to our organization.”

 “With years of experience developing vendor programs as well as managing sales teams, we look forward to collaborating with him to continue the growth of our organization and offer new and exciting programs to our customers.”

Gibbens comes to AP with more than 30 years of experience in equipment based lending and vendor finance and has held management positions at Bank of the West, Trinity Capital Corporation, and United States Leasing Corporation.

Chris Lerma, CLFP, Chief Credit Officer of AP, said,” Nick’s history in product diversification is a welcome perspective to our organization and our portfolio”, stated. “His experience of spotting growth trends within burgeoning industries will assist in AP’s overall diversification, product offering, and general growth.”

AP now manages approximately 3,000 equipment finance contracts and has grown from originating $38 million in 2013 to $73 million in total equipment cost in 2016.  Allegiant has approximately 45 employees in California, Oregon and Washington.  AP also owns Work Truck Direct, a medium-duty truck dealer in Oregon.

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


Great Pyrenees/Mixed
Dallas, Texas  Adopt a Dog

Five Years Old

”This fluffy girl is Asia! She is a beautiful white Great Pyrenees of about 5 years old. Her foster family reports that she goes on short walks, but prefers investigating and enjoying their own backyard much more. She may be a large pup, but she is laid back and moderately active.

“Asia is smart and willing to learn any new tricks or training, walks on her leash well, and is laid back in the house. If her potential owner’s household includes other pets or younger kids, a slow and proper introduction would be necessary. Asia can be shy at first, and warming up just takes patience and time.

“Asia girl is content and happy doing her own thing, such as contently chewing on a bone or enjoying the smell of the outdoors. Because she has a gorgeous white coat, an occasional bath and brushing will be needed to keep her fluffy and sparkly white!

“This big beauty deserves the gift of spending her life in a quiet, loving and nurturing furever home! If Asia sounds like a good match for you and your home, apply today!

All Dallas Pets Alive adoptable pets are spayed or neutered, microchipped, and up to date on vaccines upon adoption. The standard minimum donation for dogs over six months to seven years is $200.


Dallas Pets Alive
11700 Preston Rd.
Suite 660 #263
Dallas, TX 75230

PLEASE NOTE: this is only a mailbox. No pets are present at this location. We do not have a shelter facility —  to meet one of our pets, email for more information.

Adopt a Pet


News Briefs---

Amazon Cash lets you shop without a bank card
 New Service Allows Customers to Add Funds to Amazon

Car Sales Keep Falling
  but Buyers Pay More for Trucks, S.U.V.s 



You May Have Missed---

Take an aerial tour of Apple’s epic new campus


Spring Poem

- for Lauren

     By Barry Marks, Esq.

I want a window to take me outside.
I want to live out there, in the world.
I want to see a better place.

I want a window to take me
There is too much stuff 
in here.
Too much SameO.
SameO sadness. 
SameO memories.
SameO fears.
And when I try to fix it myself
SameO me and my mistakes.

I want a window to take
me outside.
There are times when it should be
all about Me.
But who am I without 
those I love, the ones who love me?

I want a window
to take me outside
so I can live in the world.
With the people I love.
So I can see them clearly
and see myself with them.

I will be ready for a door.

© 2008 Barry S. Marks, From Einstein at the Odeon Café by the Big Table Poets. Available @




Sports Briefs----

Tom Brady shows off recovered Super Bowl jersey at opening day in Boston

Cowboys notify NFL teams they can contact Tony Romo


California Nuts Briefs---

Mount Umunhum expected to reopen to public
    for first time in 60 years



“Gimme that Wine”

Total Wines Overturns "unconstitutional" South Carolina Liquor Laws

The First Roses of Summer

How To Fool Masters Of Wine Students: Pour Chilean Wine

Trefethen rebounds after the earthquake

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

     1513- Juan Ponce de Leon discovered Florida, landing at the site that became the city of St. Augustine. He claimed the land for the King of Spain.
    1792-the first US Mint was established at Philadelphia, PA, as authorized by an act of Congress. Copper coins were authorized in one cent and half-cent (coined until 1857). Gold coins in $10 Eagles, $5 half-eagles, and quarter eagles $2.50. It was not until 1849 that $20 double eagles and $1 gold pieces were authorized. All gold coins were discontinued by the Gold Reserve Act of January 30, 1934 that stated “no gold shall hereafter be coined.” Silver coins were the half dollar, quarter dollar, dime, and half dime, until 1873, when Congress enacted what was known as
“the crime of 73”, that made gold the sole monetary standard. The first paper money was issued by Native Americans in Oregon, the Araphos. Paper money was not authorized until July 17, 1861 and August 5, 1861 by Congress
    1829-the Bank deposit insurance law was enacted in the state of New York, assessing banks one-half percent of capital stock until 3 percent was set aside " ...for the benefit of the creditors”. Banks, their officers, and their servants were required to be examined under oath at least once every four months.
    1850-First masquerade ball in San Francisco with 600 guests. The event was organized by Tiffany Shlain and in 1898 moved to the Palace of Fine Arts with 2,000 guests.
    1860--The birthday of Mary Raymond Shipman Andrews, author of “The Perfect Tribute” (1906) which sold more than 600,000 copies. It recounts the fictionalized meeting of Lincoln and a dying Confederate soldier during which Lincoln finds out the popularity of the Gettysburg Address. Her son became dean of the College of Law of Syracuse University. 
    1863- Richmond, Virginia Bread Riot: Women marched through the streets of Richmond, Virginia, demanding food. Facing them, Confederate President Jefferson Davis was equally adamant: If the protesters did not disperse, they would be shot. Indicative of conditions in the Confederate capital of Richmond, VA, an angry mob's demands for bread from a bakery wagon escalated into the destruction of nearby shops. Confederate president Jefferson Davis, in a bold move, stepped into the angry crowd and stated, "We do not desire to injure anyone, but this lawlessness must stop. I will give you five minutes to disperse, otherwise you will be fired upon." The mob dispersed without bloodshed.
    1865-the evacuation of Richmond, VA, was urged by General Robert E. Lee, who informed Confederate President Davis that he himself must withdraw from Petersburg, VA. Davis left the city that night with his cabinet, retreating to Danville. The now small Confederate army began evacuation of Petersburg. Many believe it was General Grant and his troops that burned Richmond down, but that is not correct, according to historians and records of the time. “Richmond, meanwhile, burned, as fires set by fleeing Confederates and looters raged out of control.”
    1866- Civil War Officially Ends. The state of “insurrection” was declared over by presidential proclamation in Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Mississippi, Louisiana, Arkansas, and Florida. It was not until August 2 that the president announced that the “insurrection” was at an end in Texas, and that civil authority existed in the United States.
    1902 – First motion picture theatre, Electric Theatre, opens in Los Angeles.
    1908-the first professional to manage a city, now called “City Manager” and the most prevalent form of city government in the United States, was Charles Edward Ashburner of Richmond, VA. He was elected general manager by the city council of Staunton, VA. Prior to this time, the mayor was the manager of each city. This was the first “professional city manager”, who’s first year salary was $2,000; the second year salary, $2,500. He served until July, 1911.
    1908 – Mills Committee declares that baseball was invented by Abner Doubleday.
    1909-Birthday of Hymie Schertzer. Alto player with Bunny Berrigan, Benny Goodman.
    1917 – Jeannette Rankin (Rep-MT) begins her term as the first woman member of the US House of Representatives.
    1918- birthday of the renowned African-American artist, Charles White, who began his professional career by painting murals for the WPA during the Depression. He was influenced by Mexican muralists Diego Rivera and David Alfaro Siquieros. Among his most notable creations are: “J'Accuse” (1966), a series of charcoal drawings depicting a variety of African-Americans from all ages and walks of life; the “Wanted” posters (c. 1969), a series of paintings based on old runaway slave posters; and “Homage to Langston Hughes” 1971.
    1928-vocalist/songwriter Marvin Gaye born Washington, DC. Sang in his minister father's church. With Harvey Fuqua in re-formed Moonglows. To Detroit in 1960. Session work as a Motown studio drummer. First recorded for Tamla in 1961. To Columbia in 1982. Fatally shot by father during quarrel on 4/1/84 in Los Angeles. Inducted into Rock and Roll Hall of Fame in 1987.
    1931-Jackie Mitchell, 17, became the first woman to pitch in a professional baseball game after she was signed to a contract by the Chattanooga Lookouts of the Southern Association. In an exhibition game against the New York Yankees, Mitchell struck out Babe Ruth ( who took strike three) and Lou Gehrig (who gallantly missed three straight pitches) before Tony Lazzeri walked.
    1932 -- Charles Lindbergh pays over $50,000 ransom for his kidnapped son.
     1935--The birthday of Georgia Geyer, distinguished recipient of many journalistic and writing awards. She was imprisoned at one time because of her reportage. Her autobiography is part of the distinguished Radcliffe College series of outstanding American women. 
    1942-Glenn Miller records patriotic “American Patrol.”
    1942 – Aircraft carrier, USS Hornet, departs San Francisco with Col. Jimmy Doolittle’s squadron of B-25s. This launched the surprise air attack on Tokyo at a time during WWII that was desperate for good news. This was later made famous in the movie, “Thirty Seconds Over Tokyo”, starring Spencer Tracy, June Allyson, and Van Johnson. Many consider it a turning point in the war, with the Battle of Midway. Although the damage inflicted on Japan in its back yard was minimal, it pierced their feelings of invincibility, and provided a morale boost to all of America.
    1947--Country singer Emmylou Harris was born in Birmingham, Alabama. She first hit the country charts in 1975 with a remake of the Louvin Brothers "If I Could Only Win Your Love," which went all the way to number one. Her other number-one country songs include "Together Again" and "Sweet Dreams," both from 1976. Although her early albums contained a mixture of country, ballads and rock, Harris has never been able to register a significant pop hit. In 1979, she began concentrating on pure country material, much of it produced by her husband, Brian Ahern. Harris was part of the hit "Trio" album with Dolly Parton and Linda Ronstadt in 1987. 
    1948---Top Hits
Now is the Hour - Bing Crosby
I’m Looking Over a Four Leaf Clover - The Art Moonie Orchestra
Beg Your Pardon - Francis Craig
Anytime - Eddy Arnold
    1954 – Walt Disney announces plans to build Disneyland outside Los Angeles.
    1956-“As the World Turns” premiered on TV, one of the longest-running soaps currently on the air, "ATWT" premiered on CBS. The series is set in Midwestern Oakdale and revolves around the Hughes family and their neighbors. Irma Phillips was the show's creator and head writer. Some of its cast members who made it big are: Meg Ryan, Julianne Moore, Michael Nader, Steven Weber and Swoosie Kurtz.
    1956-"The Edge of Night" premiered on CBS. Though the plots initially revolved around crime and courtroom drama, the serial's format soon developed along more conventional soap story lines of romance. The soap shifted to ABC in 1975 but was cancelled in 1984. Larry Hagman, Dixie Carter, Lori Loughlin, Willie Aames and Amanda Blake were some of the show's most prominent players.
    1956---Top Hits
The Poor People of Paris - Les Baxter
Heartbreak Hotel - Elvis Presley
Rock Island Line - Lonnie Donegan
Blue Suede Shoes - Carl Perkins
    1957--- Elvis Presley played two concerts before 23,000 people at Maple Leaf Gardens in Toronto. Presley performed outside the US only four times in his career - the two concerts in Toronto, one the next night in Ottawa and a later performance in Vancouver. The 15,000 fans who attended the second Toronto show was the largest audience the 22-year-old Elvis had faced. But before Presley came on, people had to sit through an hour of warm-up acts, including an Irish tenor, a rock 'n' roll tap dancer, and a comedian who did an imitation of a woman taking off a girdle. 
    1961- Trial of Adolf Eichmann begins in Jerusalem
    1963 -- Reverend Dr. Martin Luther King begins the first non-violent campaign in Birmingham, Alabama, followed by a sit-in on April 3rd.
    1964-The Beach Boys record "I Get Around", which will become their first US #1 single by the following July, selling nearly two million copies.
    1964---Top Hits
She Loves You - The Beatles
Twist and Shout - The Beatles
Suspicion - Terry Stafford
Saginaw, Michigan - Lefty Frizzell
    1965-Freddie And The Dreamers record "Do The Freddie", a song that was put together quickly after American audiences wanted to know more about the swaying motion that lead singer Fred Garrity seemed to do on stage.
    1966-- Herb Alpert and the Tijuana Brass set a chart record when four of their albums make the Top 10 of the Billboard album chart at the same time.
    1969 - The Milwaukee Bucks of the National Basketball Association signed Lew Alcindor for a reported $1,400,000 five-year contract. Alcindor soon changed his name to Kareem Abdul-Jabbar and was later traded to the Los Angeles Lakers.
    1969-Frank Sinatra's version of "My Way" entered the Billboard Hot 100 where it would rise to #27. In the UK, the song would spend an amazing 75 weeks in the Top 40, peaking at #5. 
    1971--- Janis Joplin's LP “Pearl” hits #1 
    1971-Ringo Starr releases his solo hit, "It Don't Come Easy." It would become his first top-10 hit.
    1972---Top Hits
A Horse with No Name - America
Puppy Love - Donny Osmond
Mother and Child Reunion - Paul Simon
My Hang-Up is You - Freddie Hart
    1973 – CBS launches 24 hour news programming for the first time.
    1974 - 46th Annual Academy Awards presentation at the Dorothy Chandler Pavilion in Los Angeles! Hosting the film industry celebration were John Huston, David Niven, Burt Reynolds, and Diana Ross. Pictures this year included: "Serpico", "The Exorcist", "Jonathan Livingston Seagull", "The Day of the Jackal", "American Graffiti", "Papillion", "Jesus Christ Superstar", "Last Tango in Paris", "Live and Let Die", "Cinderella Liberty". And this list doesn’t even include The Best Picture of the Year, "The Sting" (producers: Tony Bill, Michael Phillips, Julia Phillips). "The Sting" won six additional Oscars: Director (George Roy Hill); Art Direction (Henry Bumstead)and Set Decoration (James Payne); Costume Design (Edith Head); Film Editing (William Reynolds); Scoring/Original Song Score/Adaptation: (Marvin Hamlisch); Writing/Original Story/Screenplay based on Factual Material or Material Not Previously Published or Produced (David S. Ward); plus three additional nominations. Nor does it include these Oscar winners: Best Actor: Jack Lemmon for "Save the Tiger"; Best Actress: Glenda Jackson for "A Touch of Class"; Best Supporting Actor: John Houseman for "The Paper Chase"; Best Supporting Actress: Tatum O’Neal for "Paper Moon"; and Best Music/Song: "The Way We Were" -- Marvin Hamlisch (music), Alan and Marilyn Bergman (lyrics) from the movie of the same title.
    1975 - The northeastern U.S. was in the grips of a severe storm which produced hurricane force winds along the coast, and two to three feet of snow in Maine and New Hampshire. Winds atop Mount Washington NH gusted to 140 mph.
    1975 - The biggest snowstorm of record for so late in the season paralyzed Chicago, IL. Up to 20 inches of snow fell in extreme northeastern Illinois, and 10.9 inches of snow closed Chicago's O'Hare Airport.
    1977 - "Sir Duke," Stevie Wonder’s tribute to Duke Ellington, was released.
    1978-“Dallas” premieres on TV: Oil tycoons battled for money, power, women, and prestige in this prime-time CBS drama that ran for nearly 13 years. The Ewings and Barneses were Texas's modern-day Hatfields and McCoys. Larry Hagman starred as the devious, scheming womanizer J.R. Ewing. When J.R. was shot in the 1980 season-ending cliffhanger, the revelation of the mystery shooter was the single-most watched episode of its time (it was Kristin, J.R.'s sister-in-law, played by Mary Crosby, Bing’s daughter). Cast members included Jim Davis, Barbara Bel Geddes, Donna Reed, Ted Shackelford, Joan Van Ark (who, along with Shackelford, starred in the spin-off "Knots Landing"), Patrick Duffy, Linda Gray, Charlene Tilton, David Wayne, Keenan Wynn, Ken Kercheval, Victoria Principal and Steve Kanaly.
    1979-Nickelodeon, the cable TV channel for kids owned by MTV Networks, debuted on this date.
    1980---Top Hits
Another Brick in the Wall - Pink Floyd
Working My Way Back to You/Forgive Me, Girl - Spinners
Call Me - Blondie
I’d Love to Lay You Down - Conway Twitty
    1980- Anne Murray won four Juno Awards, including best single for "I Just Fall in Love Again." Show host Burton Cummings was named top male vocalist.
    1982 - Severe thunderstorms spawned fifty-six tornadoes in the central U.S., including seventeen in the Red River Region of Texas and Oklahoma. The tornadoes claimed thirty lives, and injured 383 other persons. A violent tornado near Messer OK left only the carpet tack strips on the slab of a house it destroyed, and carried a motel sign thirty miles.
    1984 - John Thompson became the first black coach to lead his team to the NCAA college basketball championship. Georgetown’s Hoyas defeated Houston 84-75 in Seattle for the win. Thompson’s team in 1982 had finished second to North Carolina for the championship. 
    1985 - One day after its release, the album, "We are the World" was certified gold, when its sales reached an excess of 500,000 copies.
    1985 - The NCAA Rules Committee adopted the 45-second shot clock for men’s basketball, to begin in the 1986 season. It was an effort to thwart the end-of-game stalls that kept opposing teams from scoring in close contests. 
    1986 – NCAA adopts the 3-point basket for shots that are sunk from a new semi-circular arc of 19’9”.
    1987 - Eleven cities in Florida reported record low temperatures for the date, including Tallahassee with a reading of 31 degrees. The low of 48 degrees at Key West smashed their previous record for the date by 13 degrees
    1987-- Canadian country rocker k.d. lang made her Los Angeles debut at The Roxy nightclub. Among the audience of 1,200 people were reviewers for the major newspapers and record industry executives. Lang's appearance came as her "Angel with a Lariat" was beginning its climb up the Billboard country chart.
    1988---Top Hits
Man in the Mirror - Michael Jackson
Get Outta My Dreams, Get Into My Car - Billy Ocean
I Want Her - Keith Sweat
Love Will Find Its Way to You - Reba McEntire
    1989 - Strong and gusty winds prevailed from California to Colorado and Wyoming. Winds gusted to 50 mph at Lancaster CA, and reached 85 mph at Berthoud Pass CO. Snow and high winds created blizzard conditions in the Colorado Rockies.
    1990 - Thunderstorms produced severe weather in North Carolina and Virginia during the afternoon and evening. Thunderstorms produced golf ball size hail, and spawned a tornado near Chester, VA which caused half a million dollars damage. A storm system produced snow and gale force winds across northern Michigan, with 8.3 inches of snow reported at Marquette. Temperatures in the north central U.S. soared from morning lows in the 20s and 30s to afternoon highs in the 60s and 70s. Eight cities reported record highs for the date, including Havre, MT with a reading of 77 degrees.
    1996- Tiger first baseman Cecil Fielder steals the first base of his eleven-year career. The swipe of second comes in the 1,097th game of 'Big Daddy's career, establishing the longest duration a player has ever gone without a stolen base.
    1996-In a Chicagoland Collegiate Athletic Conference baseball game, St. Francis of Illinois humiliated Robert Morris, 71-1, in a game that Robert Morris coach Gerald McNamara declared over after four innings. St. Francis scored 26 runs in the first inning, 22 in the second, 4 in the third, and 19 in the fifth. The Fighting Saints broke a dozen NCAA Division II records and tied four others.
2001 - On Opening Day, Yankee fireballer Roger Clemens becomes the all-time AL career strikeout leader, passing Walter Johnson as he Ks Royals’ Joe Randa for his 3,509 Junior circuit victim. Passing the 'Big Train’, the 'Rocket' now takes over the seventh spot in major league history.
    2001- For the first time in major league history, a Japanese-born position player participates in a regular-season major league game. Ichiro Suzuki, hitless in his first three at-bats, singles in the seventh inning to ignite a two-run rally and bunts for a hit in the eighth in his Seattle Mariner debut at Safeco Field.
    2001—Duke University wins the NCAA Basketball Championship
    2003- Mike Bordick's record streak for games and chances without an error by a shortstop ends as Yankee outfielder Bubba Trammell's third inning grounder tips off his glove. After converting a fielder's choice in the first inning, he misplays his second chance of the game, thus ending the streak at 544 chances and 110 consecutive games without an error, a new major league mark for shortstops.
    2003- Todd Zeile homers in first at-bat as a Yankee, becoming the only major leaguer to hit a home run for ten different teams. In addition to homering with the Bronx Bombers, the infielder has also gone deep for the Cardinals, Cubs, Phillies, Orioles, Dodgers, Marlins, Rangers, Mets, and Rockies.

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