California Supreme Court Allows Trial Courts to
Determine Unconscionability of Consumer Interest
   Rates Even When Rate is Lawful

By Tom McCurnin
Leasing News Legal Editor

 

Decision Throws Ultra-High Consumer Interest Rates Into Uncertainty

De La Torre v CashCall  S241434 (California Supreme Court 2018)

Last year, I reported about a class action in Federal Court where the borrower was suing over a legal interest rate loan of 90% claiming it was unconscionable. I honestly dismissed the merits of the suit because California law is very pro-creditor, licensed lenders are exempt from interest rates, and no judge would want to determine the precise threshold of what an unconscionable interest rate might be. That is traditionally a function of the legislature and a slippery slope indeed.  I was wrong.

Last week, the California Supreme Court answered a question posed by the Federal Court as to whether California law would allow a judge to determine the unconscionability of an interest rate for an otherwise legal loan. The California Supreme Court answered in the affirmative and the decision now puts into doubt the unconscionability of every ultra-high interest rate consumer loan in California. Can application of this doctrine to commercial loans be far behind? 

The facts are simple. Eduardo De La Torre borrowed money from CashCall at a 90% interest rate.  CashCall is a licensed consumer lender and is exempt from usury, per statute. The Plaintiff’s suit is not whether the interest rate is usurious, but whether it is unfair. The Federal Courts grappled with the issue whether an otherwise legal loan with a legal interest rate could be deemed unconscionable, and if so, how would that determination be made. So like in the television series, “Who Wants to be a Millionaire,” the Federal Court phoned a friend—the California Supreme Court. 

Before I start in on this ridiculous decision, some understanding of unconscionability is necessary. It is a two step process. First the contract has to be procedurally unconscionable—oppression or surprise.  Second, it has to be substantively unconscionable—overly harsh.  So starting today, consumer lenders with ultra-high interest rates may have their interest rates second-guessed by a judge. 

So the first question I received this morning was, “That’s great Tom, but how can we at ___________ Financial set an interest rate which is not unconscionable and what are the standards the court might look at?’ Sadly, I have no answers.

The recklessness of the decision is best demonstrated by a few key quotes plucked out of the opinion:

That responsibility is one court must pursue with caution. 

We recognize how daunting it can be to pinpoint the precise threshold separating a merely burdensome interest rate from an unconscionable one.

Whether an interest rate is unconscionable is fundamentally a different inquiry than whether the rate exceeds a numerical cap

Unconscionability is a flexible doctrine designed to allow courts to directly consider numerous factors which may adulterate the contractual process.

In assessing the presence of unconscionability, a court may also need to consider context, … [like] a lenders’ costs and expenses in making and administering the loan.

What are the takeaways of this landmark decision?

• First, The Good News, Since Unconscionability is Context Related, The Factors May Not Typical Enough for Class Certification. Some contracts lenders use clearly disclose the interest rate in the form of an APR.  That might eliminate “surprise” or the procedural element of unconscionability.  Furthermore, what might “unfair” for an illiterate farm worker may not unfair to shoe salesman.  While the trial court already certified a class, that issue might have to be revisited. 

• Second, Disclose, Disclose Disclose. I know many in this industry have lobbied against disclosure of APR interest rates (and there is a pending California statute which might require disclosure), but if the interest rate is boldly and prominently disclosed, there can be no surprise and no unconscionability.  

• Third, What Is Unfair? Again, what might be unfair for a poverty level taxi driver might not be unfair for a construction worker. Sadly, I have no guidance for the lenders, and the California Supreme Court did not offer any. 

• Fourth, Will Second-Guessing Ultra-High Interest Rates for Business Loans Be Far Behind? While the opinion is limited to consumer loans over $2,500, there is nothing in the opinion that would completely preclude its application to business loans.  

This is a landmark decision which changes the landscape for high interest consumer lending.  Prominent disclosure of those interest rates will make it difficult for consumers to complain of unconscionability.  We can only hope that this legal principle is not extended to commercial loans.

De La Torre Case  (34 pages)
http://leasingnews.org/PDF/torre_case2018.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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California Interest Rate Disclosure Near Passage
By Barry Marks, Esq., CLFP

 

Brief Synopsis SB 1235

The preamble states:

This bill would require a provider who facilitates commercial financing to a recipient, as defined, to disclose specified information relating to that transaction to the recipient at the time of extending a specific offer of commercial financing, and to obtain the recipient's signature on that disclosure before consummating the commercial financing transaction. The bill would require that disclosure to include specified information, including the total amount of funds provided, information related to the payments to be made, and the total dollar cost of the financing. The bill would, until January 1, 2024, additionally require a provider to disclose the total cost of financing expressed as an annualized rate.

     Note that this Bill is applicable to lenders (and lessors) with a California Finance Lender License. We are concerned that the licensing requirement may be extended to lessors offering true and TRAC leases with fixed price purchase options now or in the near future. Note that the California Department of Business Oversight is apparently behind the bill, which extends the DBO's reach.

(d) (1) "Commercial financing" means an accounts receivable purchase transaction, asset-based lending, commercial loan, or commercial open-end credit-plan, or lease financing transaction intended by the recipient for use primarily for other than personal, family, or household purposes.

(j) (1) "Lease financing" means providing a lease for goods if the lease provides for a purchase option at a fixed price at the end of the lease term.

     In other words, even a true lease with a purchase option price that is not "nominal" and may even be the estimated fair market value IS subject to the disclosure requirements.

(2) Notwithstanding paragraph (1), "lease financing" does not include leases in which the lessor selects, manufactures, or supplies the leased goods, unless the lease provides for a purchase option at a fixed price at the end of the lease term and one of the following is met:

(A) The lease was approved before execution by a third party, with the intent that the third party will purchase the leased property or rights to receive lease payments.
(B) The lease was drafted subject to criteria provided or approved by a third party, with the intent that the third party will purchase the leased property or rights to receive lease payments.
(C) A third party's intent to purchase the leased property or rights to receive lease payments shall be presumed if the third party purchases the leased property or rights to receive lease payments.

     This is apparently an exclusion for bona fide vendor lease financing without fixed price purchase options.

(a) A provider subject to this division, ..., shall disclose all of the information in subdivision (b) ... to a recipient at the time of extending a specific commercial financing offer to that recipient, and shall obtain the recipient's signature on such a disclosure before consummating the commercial financing transaction.

     Read the above carefully. The disclosure is to be made and acknowledged by the customer BEFORE the deal is signed up.

(b) ..... the following:

(1) The total amount of funds provided.

(2) The total dollar cost of the financing.

(3) The term or estimated term.

(4) The method, frequency, and amount of payments.

(5) A description of prepayment policies.

(6) The total cost of the financing expressed as an annualized rate.

            Until 1/1/24, APR will be required.

     We continue to monitor this situation and we have asked Scott Riehl of the Equipment Leasing and Finance Association and other members of the committee attempting to modify the legislation before passage for clarification.

SB 1235
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180SB1235

Barry S. Marks
MARKS & ASSOCIATES, P.C.
Financial Center - Suite 1615
505 North 20th Street
Birmingham, Alabama 35203
P. O. Box 11386
Birmingham, Alabama 35202
barry@leaselawyer.com
www.leaselawyer.com
205.251.8303
fax 278.8905 (Direct) 251.8305 (Main)
(Well-known to the leasing industry, also Alabama Poet)

 

Help Wanted

Byline Financial Group Bannockburn, Illinois Positions Open Customer Service Repesentative  Credit Administrator    Sales Coordinator (Click on position to learn more) bylinebank.com/byline-financial-group/ Byline Financial Group, a wholly-owned subsidiary of Byline Bank, Member FDIC

 

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The Deception of Leasing
California SB 1235

By Christopher Menkin

The practices of lease deception have hit new heights with million dollar cases involving interim rent, fair market value leases, and evergreen payment abuse, among other practices that were prevalent when I entered the equipment leasing and finance market in 1971.

Most deals with finance companies such as Westinghouse were 25% down and three years. Leasing came along with first payment in advance and 10% up to five years (usually the broker kept the first and 10% “prepaid purchase option.”  The 10% was supposedly the residual, written on a separate page as "10% or whichever is higher."  The idea was it was disguised as a separate page, not part of the contract.  In reality, it was part of the contract as the courts and IRS ruled, no different than an insurance form, corporate resolution, personal guarantee, etc.

The deception grew when it became a "security deposit," which many companies kept and continue rent,  but never returned the "security deposit." It was extra profit. Often it was split with the salesman or third party originator, a broker or an independent leasing non-recourse company. Manifest used to do this, informing the broker, who often had claim to the residual.

During this time, sales people were taught at leasing conferences, books, and tapes, first made famous by Bill Graneri, "Top Gun."  His main pitch was to tell the lessee the rate was 10% and showed them how to use on a calculator to prove this. In reality, it was 10% add on, whereas the APR was 18%.

During this time, leasing companies began to "bump" the document fees banks were charging in discounting the leases to earn extra profit.  Some companies had contests, such as Mark McQuitty and Jim Raeder at Preferred Lease (“Operation Lease” fame), who gave the salesman who brought in more money and often a "prize," known by many in the trade.  It came to be that salesmen shared in the extra document fee charged, as well as the residual, if they were still employed by the company, was the practice.  Later, they shared in the interim rent, as disclosed by recent court cases with 90-day payment and million-dollar deals, too. With the residual, if the promise was 10% but the paperwork never happened, the lessor was paid...and in some companies, if the salesman was gone, the manager received it.  Recent court depositions as contained in Leasing News Complaints and articles by Leasing News Legal Editor Tom McCurnin have shone light on these issues as well.

This practice was also disclosed in the Puget Sound cases as well as complaints about Equipment Finance Agreements (EFA) where borrowers were charged, and sued for, a 10% residual (although no documents were signed and the agreement was an EFA.

Getting back to the residual of the lease, this was prevalent in the last ten years, known as the PPR Clause: "if Lessee fails to give written notice of Its option via certified mail at least one hundred fifty (150) days prior to the maturity of the Base Period, or if an Event of Default has occurred under any Lease, then option (2) shall apply at the maturity of the Base Period. At the maturity of the renewal period provided for an option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months."  There were banks that were paying the leasing companies an extra 12 months in the discount because of this clause, according to a number of lawsuits as well as one bank reportedly closing down primarily due to this practice.

There are also cases in regular situations where the lessee sent in the letter, but not certified, so the lessor kept ACH the payments (this will be part of a coming class action case).  To say the least, Leasing News has many complaints that payments continued to be collected despite not being notified the original term of the lease had ended.

To get back to another fact, true leases or operating leases always have a procedure to determine what "fair market value" is.
This can be an arbitrator, a certified appraiser picked by both sides to average it, or other methods spelled out.  It is never left open or unanswered.

The interim rent and evergreen payments seem to get even more convoluted when the question of depreciation is brought up.
It is a very large incentive for both the lessor and lessee.  Both parties can't claim it.  The lessor can if it is an operating lease, but if not, is it passed through, and at what dollar amount, or is it something buried until an audit of both entities is made by the same accounting firm or IRS.  With the coming accounting changes, this is going to create a lot of work both the accountants and attorneys.

There were many other tricks invented and passed down, such as when prime rate was high, the dealer was told if they want to sell the equipment, discount it to the leasing company, but don't tell the lessee.  Let them know the interest rate on the discounted cost, but not the original cost, giving the interest rate to be much lower.  This is a story coming up by Tom McCurnin on a very large deal where the lessee was given the impression the interest rate was zero.

Now you might say how could he believe that, well, there are deals all the time on vehicles, consumer products, such as mattresses, where if you buy now, your monthly payment is at zero interest. Of course, the seller is giving a discount on the sale, and the transaction is legal as it is between buyer and seller.  However, when you bring in a third party and do not disclose the facts of the transaction that may be legal in some states and not others.  Either way it is deception.

We come back to the view that the businessman is smarter than the consumer and needs no protection. “Let the buyer beware.”  The courts have proven in recent times the public needs protection, eliminating “high hell water clauses.” Recently, Vermont passed a tough law regarding leasing of credit card processing machines (it’s about time for other states to join in!).

This comes from a lessee who we helped, but gives you the reputation happening here:

"Although my case against **** was resolved without going to court, I can assure you this company is scum. Because of them, I will never do business with a lender from California."

Name With Held 

(I bet most Leasing News readers know the name of the company)

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Like many things in life, the choice between different shopping channels isn’t black or white for most people. According to a recent report from Periscope by McKinsey, very few Americans shop exclusively in-store or online.

As the following chart illustrates, most consumers are multichannel shoppers, shopping at brick-and-mortar stores as well as online. Interestingly those who have a clear tendency to shop at physical stores outnumber those who make most or all of their purchases online.

By Felix Richter, Statista

 

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

ATEL Funds Transportation Equipment for Matson
Valued at $9,826,665 MM

ATEL Leasing Corporation (“ATEL”) is pleased to announce the acquisition of chassis valued at $9,826,655 MM leased to Matson, Inc.

Matson Inc., listed on the NYSE (MATX) and an S&P 600 Component, is a U.S. transportation services company that provides comprehensive freight shipping and logistics operations to countless terminals across the Pacific.  Since 1882, the company has maintained a crucial transportation lifeline to the economies of Hawaii, Alaska, Guam, Micronesia and various islands across the South Pacific.

Dean Cash, ATEL President and CEO, said, "ATEL is pleased to provide lease financing for these chassis that are used to distribute container-shipped goods across the United States.” 

ATEL Capital Group is an international financial services company that for over 40 years has offered its clients a wide array of financial solutions including equipment leasing, asset-based lending, venture finance, lease administration and asset management. Since its inception, ATEL has sponsored sixteen publicly registered funds as well as numerous private retail and institutional investment programs.

ATEL's families of Funds have attracted almost 50,000 investors since ATEL's first public program was created in 1986. Additional information about ATEL Capital Group can be found on the Company's web site at www.atel.com     

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

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

 Chesswood Announces New $250 Million Warehouse Facility
  Improved and Expanded Funding for U.S. Prime Receivables

TORONTO,  – Chesswood Group Limited (TSX: CHW) (“Chesswood” or the “Company”) announced today that its largest subsidiary, Pawnee Leasing Corporation (“Pawnee”), has closed a US$250 million warehouse facility specifically to fund Pawnee’s growing prime portfolio. The warehouse facility will hold Pawnee’s prime receivables before they are securitized and provide an improved cost of capital and better advance rate than the Company’s revolving facility, which was primarily structured for non-prime commercial leases and loans and will continue to be utilized for those originations.
Established in 1982, Pawnee specializes in equipment leasing and financing for assets up to US$250,000, for a full range of credit profiles to small businesses across the U.S. including “start-up entrepreneurs” and more established businesses in the A, B, and C credit market segments.

Barry Shafran, Chesswood’s President and CEO, said, “Our consistent growth since 2009 has driven the evolution of our treasury resources. That began with our corporate revolving facility in late 2014 that expanded our access to capital and is now complemented by this additional facility which better meets the needs of our U.S. prime business, launched in 2015,”

Mike Prenzlow, Pawnee’s Chief Financial Officer added “We began this process months ago, with Royal Bank of Canada (“RBC”) as our lead partner once again. We were very happy to also include Bank of Montreal and SunTrust as the other two members of the loan syndicate. Both RBC and Bank of Montreal are also our partners in Chesswood’s revolving credit line and we’re grateful for the continued support they have shown Chesswood and Pawnee through their participation in this second facility.”

About Chesswood Group Limited
Through two wholly-owned subsidiaries in the U.S. and Canada, Chesswood Group Limited is North America’s only publicly-traded commercial equipment finance company focused on small and medium-sized businesses with a portfolio exceeding $800 million in gross finance receivables. Our Colorado-based Pawnee Leasing Corporation, founded in 1982, finances a highly diversified portfolio of commercial equipment leases and loans through established relationships with over 600 independent brokers in the U.S. In Canada, our subsidiary Blue Chip Leasing Corporation has been originating and servicing commercial equipment leases and loans since 1996, and today operates through a nationwide network of more than 50 independent brokers.

Based in Toronto, Canada, Chesswood’s shares trade on the TSX under the symbol CHW.

To learn more about Chesswood Group Limited, visit www.ChesswoodGroup.com. The separate websites of Chesswood Group Limited’s operating businesses are at www.PawneeLeasing.com and www.BlueChipLeasing.com

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

 

 

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Commercial Financing Expo to host over 50 exhibitors
 in Dallas, September 6-7

With attendance exceeding last year’s regional conferences, the American Association of Commercial Finance Brokers (AACFB), formerly the NAELB, is counting down the final weeks of registration for the Commercial Financing Expo.

The new event format combines 15 educational sessions, which introduce brokers to a wide array of funding solutions, inside an exhibit hall filled with over 50 exhibitors (see below) and more than 100 funding and service providers. Broker attendees will have a rare opportunity to find multiple funding sources for their deals while also expanding their education in topics such as: SBA loans, working capital, factoring, purchase order financing, cyber-security and so much more.

As the only association formed by brokers for brokers, AACFB’s Commercial Financing Expo is focused on first things first; expanding portfolios, offering new revenue streams and closing deals before the Fall kicks into high gear. The AACFB Commercial Financing Expo is open to brokers, funding sources and service providers and will be held September 6-7, 2018 in Dallas, TX.

Registration:
http://community.aacfb.org/events/event-description?CalendarEventKey=bdb81eca-e42c-480e-a853-7f0c89497ae2&Home=%2fhome

Current Exhibitors
4 Hour Funding
360 Equipment Finance
Alamo Financial
American Lease Insurance Agency
American Receivable
Amur Equipment Finance
Ascentium Capital
Bankers Capital
Beneficial Equipment Finance Corporation
BlueVine
Bryn Mawr Funding
BSB Leasing
C.H. Brown Co., LLC
Centrex Software
Channel Partners Capital
CLFP Foundation
ConnectedFi
Credibly
Dakota Financial
Eagle Business Credit, LLC
Expansion Capital Group
Financial Pacific Leasing
First Federal Leasing
Fleet Evaluator
Fountainhead Commercial Capital
Global Financial & Leasing Services, LLC
Inspection Services
instaCOVER
JB&B Capital, LLC
Leasepath
Macquarie Corporate & Asset Finance
Marlin Business Bank
Navitas Credit Corp.
NCMIC/Professional Solutions
North Mill Equipment Finance
OnDeck Capital, Inc.
Orange Commercial Credit
Orion First
Paradigm Equipment Finance
Pawnee Leasing Corporation
Providence Equipment Finance, a Division of Providence Bank & Trust
Quality Leasing Co.
Quiktrak, Inc.
RapidAdvance
RKO Capital
SLIM Capital, LLC
Starbanco Business Finance
Sterling National Bank - Transportation Finance
Tetra Financial Group
TradeRiver USA, Inc.
VFI Corporate Finance
YES Leasing

About American Association of Commercial Finance Brokers (AACFB)
The American Association of Commercial Finance Brokers (AACFB), formerly the NAELB, is the premier trade association empowering independent commercial finance brokers. The AACFB represents the expanding interests of its growing membership by providing best practice education and networking opportunities, while promoting a culture of ethics. For more information visit: www.aacfb.org

Chow Chow/Retriever/Golden
Sacramento, California  Adopt-a-Dog

Raku
ID: 38608849
Male
Neutered
Age: 9 Years, 3 months

Sacramento SPCA
6201 Florin-Perkins Road
Sacramento, CA 95828
916.383.7387

Adoption Center Hours
Wed – Sun: 11am – 6pm

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

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You May Have Missed---

385 FEET OF CRAZY: THE MOST AUDACIOUS FLYING MACHINE EVER
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Ted Williams - Still Smiling

 

by Thomas Michael McDade ©

Published: Baseball Almanac (2000)

I was the one
in the Navy
but my baseball cards
went AWOL.

Thirty years later
I replaced them
settling for a '55
Ted with corners rounded
like an ace of clubs.

I plunked down $38.00
even though creases
indicated a string
of Yankee fans
abusing it
for stress of hex
when the rivalry
was in session.

Ted was still smiling
and so was I.

The '54 Ted that Topps
numbered "1"
that year had a
tiny "v" clipped out
of a corner
reminding me
of books and records
selling cheap,
but I paid $75.00
despite the evidence
of counting
spokes on bicycle wheels.

Ted was still smiling
as if he were mint -
screwed down in plastic
thick enough
to dome a stadium.

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Sports Briefs---

A’s smash their way back to top of AL West standings
https://www.pressdemocrat.com/sports/8655445-181/as-smash-their-way-back

Ravens CB Jimmy Smith suspended four games for personal conduct violation
https://www.usatoday.com/story/sports/nfl/ravens/2018/08/21/jimmy-smith-suspended-baltimore-ravens/1057295002/

Commuter college no more? Here comes housing
   for 4,000 students near Sac State
https://www.sacbee.com/news/business/real-estate-news/article216329575.html

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California Nuts Briefs---

Why San Francisco is joining Valley farmers
  in a fight over precious California water
https://www.sacbee.com/news/local/environment/article216729210.html

Ferguson Fire fully contained, cost of fire surpassed $100M
https://www.sacbee.com/news/state/california/fires/article216981785.html

Silicon Valley powers Bay Area job surge during July
https://www.mercurynews.com/2018/08/17/silicon-valley-powers-bay-area-job-boom-july-google-apple-facebook-amazon-adobe/

Spare the Air days this year surpass 2017 total
  and it’s not over yet, officials say
https://www.sacbee.com/news/local/health-and-medicine/article216960300.html

 

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“Gimme that Wine”

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

Keynote speech at Wines and Vines Packaging Conference,
   August 9th, 2018, Yountville, CA
https://www.bonnydoonvineyard.com/keynote-speech-wines-vines-packaging-conference-august-9th-2018-yountville-ca/

Aldi says drink to Advent with a different bottle of wine every day
https://www.usatoday.com/story/money/2018/08/16/aldi-releasing-wine-advent-calendar-november/1003520002/

Dine Among the Vines at Rodney Strong Vineyards
https://blog.sfgate.com/storystudio/2018/07/20/dine-among-the-vines-at-rodney-strong-vineyards/?ntv_a=PfEDApNUnAhhgFA&&ntv_gscat=307

Ducasse Fights Eviction from Eiffel Tower Restaurant
https://www.thedrinksbusiness.com/2018/08/ducasse-fights-eviction-from-eiffel-tower-restaurant/

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

    1494 - Columbus returned to Hispaniola. He had confirmed that Jamaica was an island and that he had failed to find a mainland.
    1619 - The first Black slaves brought by the Dutch to the colony of Jamestown. The colonists desperately needed workers for the tobacco crop. Europe was becoming “addicted to snuff and smoking tobacco in a pipe, inhaling.” The Indians had introduced the colonies to tobacco, who were learning to grow and dry it. Europe was “mad” for the smoke and snuff for gentlemen. John Rolfe writes in his diary, “About the last of August came in a Dutch man of warre that sold us twenty negars.”  By the time of the American Revolution, the English importers alone had brought some 3 million captive Africans to the Americas.  After the war, as slave labor was not a crucial element of the Northern economy, most Northern states passed legislation to abolish slavery.  However, in the South, the invention of the cotton gin in 1793 sharply increased the need for slave labor, and tension arose between the North and the South as the slave or free status of new states was debated. In 1807, with a self-sustaining population of over four million slaves in the South, some Southern congressmen joined with the North in voting to abolish the African slave trade effective 01 January 1808. Nevertheless, the widespread trade of slaves within the South was not prohibited, and illegal trade of African slaves to Brazil and Cuba continued until the 1860s. By 1865, over twelve million Africans had been shipped across the Atlantic Ocean to the Americas, and some one million of these individuals had died from mistreatment during the voyage. In addition, an estimated three million died in Africa in slave wars and forced marches directly resulting from the Western Hemisphere's demand for African slaves.
http://www.tobacco.org/History/Jamestown.html#aaBlacks
http://www.apva.org/history/
http://www.nps.gov/colo/Jthanout/AFRICANS.html
    1704 - The first underground sewer in Boston was constructed by Francis Thrasher, at his own expense. The move led to municipal regulations governing disposal of refuse and garbage. By 1710, the selectmen of Boston were giving licenses to private citizens for digging up streets for sewer construction. Now you may not think this is a big deal, but think how waste was removed in this time, most often it was just thrown raw into the streets.
    1741 - Danish navigator Vitus Jonas Bering, commissioned by Peter the Great of Russia to find land connecting Asia and North America, discovers Alaska as well as the Pacific Coast of America.
    1775 – Tucson, AZ is established by Spanish missionaries as Presidio San Augustin del Tucson   
    1779 - James Cook landed on Possession Island, is off the northern coast of Queensland Australia.  2 years after he had set sail on the HMS Endeavour from Plymouth. James Cook named the area New South Wales and claimed it for the British Crown.

    1785 - Oliver Hazard Perry (d. 1819), American naval hero, born at South Kingston, RI. Best remembered is his announcement of victory at the Battle of Lake Erie, September 10, 1824: “We have met the enemy, and they are ours.” 
http://www.publicbookshelf.com/public_html/
The_Great_Republic_By_the_Master_Historians_Vol_III/Commodore_c.html
    1788 - A small but powerful hurricane inflicted great havoc upon forests along a narrow track from New Jersey to Maine. A similar storm track today would cause extreme disaster in the now populated area.
    1794 - Major General “Mad” Anthony Wayne routs Indians at Fallen Timbers, Ohio
http://www.heidelberg.edu/FallenTimbers/FTCommemorate.html

    1830 - African-American Richard Allen chairs the first National Negro Convention in Philadelphia.  In 1799, Allen was ordained as the first black Methodist minister by Bishop Francis Asbury. In 1816, Allen united four African-American congregations of the Methodist Church in Philadelphia:  Philadelphia, New Jersey, Delaware and Maryland.  Together they founded the independent denomination of the African Methodist Episcopal Church (AME), the first fully independent black denomination in the United States and the oldest and largest formal institution in black America. On April 10, 1816, the other ministers elected Allen as their first bishop.  This gathering was a civic meeting, the first on such a scale organized by African-American leaders. Allen presided over the meeting, which addressed both regional and national topics. The convention occurred after the 1826 and 1829 riots in Cincinnati, when whites had attacked blacks and destroyed their businesses. After the 1829 rioting, 1200 blacks had left the city to go to Canada.  As a result, the Negro Convention addressed organizing aid to such settlements in Canada, among other issues. The 1830 meeting was the beginning of an organizational effort known as the Negro Convention Movement, part of 19th-century institution building in the black community.   http://www.triadntr.net/~rdavis/allen.htm
    1845 - Wilberforce University established in Ohio, 1856

    1846 - The United States annexed New Mexico.

    1848 - Melville Elijah Stone (d. 1929) was born in Hudson, IL.  A newspaper publisher, he founded the Chicago Daily News and was the general manager of the reorganized Associated Press.

    1851 - The First America’s Cup was held.  Thought to be the oldest international sporting trophy to be still awarded today the cup’s name was changed from Hundred Guinea Cup to America’s Cup after the name of the yacht that won the first race on this day.  Led by Commodore John Cox Stevens, America participated in a 53 nautical mile race around the Isle of Wight in England.

    1866 – President Andrew Johnson officially declares the end to the Civil War.
    1866 - The newly organized National Labor Union called on Congress to mandate an eight-hour workday.   http://memory.loc.gov/ammem/today/aug20.html
    1867 - Anson Mills, brevet lieutenant colonel in the Army, Fort Bridger, UT, was granted a patent for a new cartridge belt. Moisture had previously affected cartridge belts. Mills invented a woven cartridge belt, and the machinery for making it, which was adopted by both the Army and Navy.
    1886 - The town of Indianola, TX, was completely destroyed by a hurricane and never rebuilt.
    1888 - Longest US men's single tournament match:   Palmer Presbrey defeats T S Tailer, 19-21, 8-6, 6-1, 6-4, in an 80-game 1st-round contest.
    1893 – Dorothy Parker (d. 1967) was born Dorothy Rothschild in Long Branch, NJ.  Poet, short story writer, critic, and satirist, she was best known for her wit, wisecracks and eye for 20th-century urban foibles…typical Jersey Girl before there was one!  She rose to acclaim, both for her literary output in publications such as “The New Yorker” and as a founding member of the Algonquin Round Table. Following the breakup of the circle, Parker traveled to Hollywood to pursue screen writing. Her successes there included two Academy Award nominations, (with Robert Carlson and then-husband Alan Campbell, she wrote the script for the 1937 film “A Star is Born” for Best Writing—Screenplay; with Frank Cavett, for 1947's “Smash-Up, the Story of a Woman”).  She wrote additional dialogue for “The Little Foxes” in 1941.   Her career was curtailed when her involvement in left-wing politics led to a place on the Hollywood blacklist.
    1896 – The rotary dial telephone was invented.
    1902 - President Theodore Roosevelt became the first United States chief executive to ride in an automobile in public.
    1910 - The big blow up of forest fires finally came to an end in Idaho. A record dry August fueled 1736 fires which burned three million acres, destroying six billion board feet of timber. The fires claimed the lives of 85 persons, 78 of which were fire fighters, and consumed the entire town of Wallace. The smoke spread a third of the way around the world producing some dark days in the U.S. and Canada. The forest fires prompted federal fire protection laws.
    1911 - “This message sent around the world,” sent at 7pm from the New York Times and received back at 7:16:30pm, traveling over 28,613 miles via 16 relay stations to become the first telegraph message sent around the world. It was the front page headline and quite an event for its era.
    1912 - After the Japanese beetle invaded the East Coast and other diseases were affecting agriculture, Congress passed a quarantine law for plants, directed against dangerous plant diseases and injurious insect pests, “new to or not theretofore widely prevalent or distributed within and through the United States.” Plants that could transmit white-pin, blister rust or potato wart, and plants that might harbor the Mediterranean fruit fly, were immediately affected. Other species before the turn of the century had been affected, such as the “mighty American chestnut oak” that dominated the Northeast, were basically extinct by this date.
http://ncnatural.com/NCNatural/trees/chestnut.html
    1915 – Chicago White Sox obtain Shoeless Joe Jackson from the Cleveland Indians in exchange for Robert Roth, Larry Chappell, Ed Klepfer and $31,500.      
    1920 – The first radio station to be licensed was 8MK, owned by the Detroit News, which instituted daily service with the program, “Tonight’s Dinner.” The call letters were changed later to WWJ.
    1920 – The game between the Red Sox and Indians was postponed to allow Indian players to attend Ray Chapman's funeral in Cleveland.  Chapman is the only player in Major League history to die from being hit by a pitch.  Three days earlier, Chapman was beaned by Carl Mays of the Yankees, a fierce side-arming fireballer.  Chapman’s death led to the practice of umpires replacing dirty baseballs during the game and accelerated the pressure to have batters wear helmets.  The latter was not enacted until 1950.
    1920 – Professional football is born.  Seven men, including legendary Jim Thorpe and the owners of four Ohio League teams--the Akron Pros, Canton Bulldogs, Cleveland Indians and Dayton Triangles, meet to organize a professional football league at the Jordan and Hupmobile Auto Showroom in Canton, OH. The meeting led to the creation of the American Professional Football Conference (APFC), the forerunner to National Football League.  Jim Thorpe was nominated as president of the new league, as it was hoped Thorpe’s fame would help the league to be taken seriously. On September 17, the league met again, changing its short-lived name to the American Professional Football Association (APFA) and officially electing Jim Thorpe as the league’s first president.
The APFA began play on September 26, with the Rock Island Independents defeating a team from outside the league, the St. Paul Ideals, 48-0. A week later, Dayton beat Columbus 14-0 in the first game between two teams from the APFA.
    1920 – Denton Cooley (d. 2016), heart surgeon famous for performing the first implantation of a total artificial heart, was born in Houston, TX.
    1925 – Honor Blackman was born in London, England.  An accomplished actress in British plays and television, she gained lasting fame as the second Bond girl, Pussy Galore in “Goldfinger.” 
    1934 – Gen. Norman Scwarzkopf, Jr. (d. 2012) was born in Trenton, NJ.  The senior Schwarzkopf was the first Superintendent of the New Jersey State Police after he worked as a lead investigator on the 1932 Lindbergh baby kidnapping and murder investigation.  The junior Schwarzkopf graduated from the US Military Academy at West Point, after which he served in the Vietnam War as a task force adviser to the Army of the Republic of Vietnam Airborne Division.  He was promoted to major shortly after arriving in Vietnam.  In command of the 173d Airborne Brigade, they arrived and broke the siege, ending the Battle of Duc Co after which General William Westmoreland later arrived to review the incident and congratulate Schwarzkopf. For his leadership in the battle, Schwarzkopf was awarded the Silver Star.  In November 1988, Schwarzkopf was named commander of US Central Command (CENTCOM), over a more popular choice because commanders considered him an accomplished strategic thinker who had experience both in combat and with diplomacy, and who had great knowledge of the Middle East from his childhood experiences there. He assumed command of CENTCOM and was promoted to general.  Schwarzkopf began planning the operations to defend Saudi Arabia. Schwarzkopf remained at his command in Riyadh through December, making frequent frontline visits to the troops.  On December 29, 1990, he received a warning order from The Pentagon to be ready to attack into Iraq and Kuwait by January 17, 1991 and the air campaign began on that day.  On March 3, after only six weeks during which the enemy was completely subdued, he arrived in Kuwait City to survey the aftermath of the Iraqi occupation and negotiate a ceasefire with Iraqi military leaders and work out the return of prisoners of war on both sides.  For his services during the war, he was welcomed back to America with a large parade down Broadway in New York, along with other honors. Schwarzkopf led a highly publicized homecoming parade in Washington, D.C., on June 8, 1991, where he was greeted by President Bush amid thousands of onlookers.
    1936 – Dale Hawkins (d. 2010) was born in Gold Mine, LA.  A pioneer rock singer, songwriter, and rhythm guitarist, he was often called the architect of swamp rock boogie.  In 1957, Hawkins blended the uniquely heavy blues sound of black Louisiana artists for his recording of his swamp-rock classic, "Susie Q," a top-30 hit chosen as one of The Rock and Roll Hall of Fame’s 500 Songs that Shaped Rock and Roll.    
    1936 – Werner Stengel was born in Bochum, Germany.  Stengel first worked on amusement park rides in collaboration with Anton Scwarzkopf in 1963. He established his own company, Stengel Engineering, in 1965. His collaboration with Schwarzkopf was responsible for many innovations in roller coaster design, including, in 1976, the first modern looping coaster, Revolution, at Six Flags Magic Mountain in California.  His clothoid loop is now standard on many roller coasters as it produces less intense forces on the human body than a circular vertical loop. In 1976, Stengel and Schwarzkopf established the first horizontal launch "Shuttle Loop." He was also noted as being a pioneer in heartlining, the principle of having the track twist/rotate around the rider's heart line, rather than the track rotating around its own center.
    1938 – Lou Gehrig hits his last grand slam, his 23d, which was the Major League record until Alex Rodriguez broke it 75 years later.
    1939 – Valerie Harper was born in Suffern, NY.  She is best known for her roles as Rhoda Morgenstern in the 1970s TV series “The Mary Tyler Moore Show” and its spin-off, “Rhoda.”  She is a four-time Primetime Emmy Award winner.
    1939 – Yaz was born in Southampton, NY.  Carl Yastrzemski, the Red Sox left fielder who succeeded Ted Williams, was named to Baseball’s Hall of Fame in 1989 following a 23-year career, an 18-time All-Star, seven Gold Gloves, a member of the 3,000 hit club, and the first American League player in that club to also accumulate over 400 home runs.  He is second on the all-time list for games played, and third for total at-bats. He is the Red Sox' all-time leader in career RBIs, runs, hits, singles, doubles, total bases, and games played, and is third on the team's list for home runs behind David Ortiz and Ted Williams.  In 1967, he won the Triple Crown and AL MVP. 
    1940 - Radar is used for the first time, by the British during the Battle of Britain. Also on this day, in a radio broadcast, Winston Churchill makes his famous homage to the Royal Air Force: "Never in the field of human conflict was so much owed by so many to so few."
    1942 - University of Chicago scientist Glen Seaborg and his colleagues first weighed plutonium, the first man made element.
    1944 - HAWK, JOHN D., Medal of Honor.
Rank and organization: Sergeant, U.S. Army, Company E, 359th Infantry, 90th Infantry Division. Place and date: Near Chambois, France, 20 August 1944. Entered service at: Bremerton, Wash. Birth: San Francisco, Calif. G.O. No.: 55, 13 July 1945. Citation: He manned a light machinegun on 20 August 1944, near Chambois, France, a key point in the encirclement which created the False Pocket. During an enemy counterattack, his position was menaced by a strong force of tanks and infantry. His fire forced the infantry to withdraw, but an artillery shell knocked out his gun and wounded him in the right thigh. Securing a bazooka, he and another man stalked the tanks and forced them to retire to a wooded section. In the lull which followed, Sgt. Hawk reorganized 2 machinegun squads and, in the face of intense enemy fire, directed the assembly of 1 workable weapon from 2 damaged guns. When another enemy assault developed, he was forced to pull back from the pressure of spearheading armor. Two of our tank destroyers were brought up. Their shots were ineffective because of the terrain until Sgt. Hawk, despite his wound, boldly climbed to an exposed position on a knoll where, unmoved by fusillades from the enemy, he became a human aiming stake for the destroyers. Realizing that his shouted fire directions could not be heard above the noise of battle, he ran back to the destroyers through a concentration of bullets and shrapnel to correct the range. He returned to his exposed position, repeating this performance until 2 of the tanks were knocked out and a third driven off. Still at great risk, he continued to direct the destroyers' fire into the Germans' wooded position until the enemy came out and surrendered. Sgt. Hawk's fearless initiative and heroic conduct, even while suffering from a painful wound, was in large measure responsible for crushing 2 desperate attempts of the enemy to escape from the False Picket and for taking more than 500 prisoners.
    1945 - Woody Herman Band records “Bijou.”
    1945 - Dodger Tommy Brown becomes the youngest player (17 years, 8 months and 14 days) in major league history to hit a home run. 'Buckshot', who started his career as a 16-year-old high school student, connects off 30-year old Pirates' southpaw Preacher Roe.  The Phillies are rained out for an unprecedented tenth consecutive time.
    1946 - Prior to the start of the game against the Senators in Washington, using the U.S. Army's Sky Screen Chronograph, Bob Feller's fastball is clocked at 98.6 miles-per-hour, breaking Yankees' hurler Atlee Donald's 1939 speed record of 94.7 mph. 
    1946 - Grover Cleveland Alexander is reached for nine straight hits and six runs as the Cubs defeat Phillies, 10-4.
    1948 - The largest crowd (78,382) ever to attend a night game sees Satchel Paige become the fourth consecutive Indian to throw a shutout. The ageless wonder joins Gene Bearden, Sam Zoldak and Bob Lemon in blanking the opposition.
   1955 - Top Hits
“Rock Around the Clock” - Bill Haley & His Comets
“Hard to Get” - Gisele MacKenzie
“The Yellow Rose of Texas” - Mitch Miller
“I Don’t Care” - Webb Pierce
    1958 – The Cubs use left-handed 1B Dale Long behind the plate, the first left-handed catcher in the Majors since 1906.   
    1960 - Connie Francis began work on her first movie, "Where the Boys Are" in Ft. Lauderdale, Florida.  This is considered the first college teen comedy to really explore the sex lives of its characters and it has served as the inspiration for countless "spring break" movies, as well as the homage/parody “Grease.”  
    1962 – NS Savannah, the world’s first nuclear-powered civilian ship, embarks on its maiden voyage.
    1963 - Top Hits
“Fingertips - Pt 2” - Little Stevie Wonder
“Blowin’ in the Wind” - Peter, Paul & Mary
“Judy’s Turn to Cry” - Lesley Gore
“Ring of Fire” - Johnny Cash
    1964 – Shirley Bassey records the theme from the James Bond flick, “Goldfinger.”
    1964 - US President Lyndon B. Johnson signs the anti-poverty Economic Opportunity Act (totaling nearly $1 billion)
    1964 – The Harmonica Incident:  Yankees’ Phil Linz, after a loss, plays his harmonica on the bus to the airport.  Yankees manager Yogi Berra yells at him from the front to knock it off.  When Linz asked teammate Mickey Mantle what Yogi said, Mantle, ever the kibitzer, said, “He said to play it louder.”  When Linz did, Berra came back and smacked it out of his hands.  At the time, the Yankees were languishing in the standings but many cite this incident as a spark that got them to the AL Championship and into the World Series against the Cardinals.  Linz scored a contract promoting harmonicas and Berra was fired after the World Series.
    1965 – Rolling Stones’ “I Can’t Get No Satisfaction” is released in the UK.  It was a #1 hit in the US.
    1966 - The thoroughbred Buckpasser, owned by Ogden Phipps, won the Travers Stakes at Saratoga to become the first 3-year-old to pass the $1 million mark in career earnings.
    1966 - The Temptations' "Beauty Is Only Skin Deep" is released.
    1967 - The New York Times reported on a new noise-reduction system for album and tape recording developed by R. and D.W. Dolby. First used by a subsidiary of Elektra Records, the Dolby noise reduction system became the industry standard.
    1968 - LAMBERS, PAUL RONALD, Medal of Honor. 
Rank and organization: Staff Sergeant, U.S. Army, Company A, 2d Battalion, 27th Infantry, 25th Infantry Division. place and date: Tay Ninh province, Republic of Vietnam, 20 August 1968. Entered service at: Holland, Mich. Born: 25 June 1942, Holland, Mich. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. S/Sgt. (then Sgt.) Lambers distinguished himself in action while serving with the 3d platoon, Company A. The unit had established a night defensive position astride a suspected enemy infiltration route, when it was attacked by an estimated Viet Cong battalion. During the initial enemy onslaught, the platoon leader fell seriously wounded and S/Sgt. Lambers assumed command of the platoon. Disregarding the intense enemy fire, S/Sgt. Lambers left his covered position, secured the platoon radio and moved to the command post to direct the defense. When his radio became inoperative due to enemy action, S/Sgt. Lambers crossed the fire swept position to secure the 90mm recoilless rifle crew's radio in order to re-establish communications. Upon discovering that the 90mm recoilless rifle was not functioning, S/Sgt. Lambers assisted in the repair of the weapon and directed canister fire at point-blank range against the attacking enemy who had breached the defensive wire of the position. When the weapon was knocked out by enemy fire, he single-handedly repulsed a penetration of the position by detonating claymore mines and throwing grenades into the midst of the attackers, killing 4 more of the Viet Cong with well-aimed hand grenades. S/Sgt. Lambers maintained command of the platoon elements by moving from position to position under the hail of enemy fire, providing assistance where the assault was the heaviest and by his outstanding example inspiring his men to the utmost efforts of courage. He displayed great skill and valor throughout the 5-hour battle by personally directing artillery and helicopter fire, placing them at times within 5 meters of the defensive position. He repeatedly exposed himself to hostile fire at great risk to his own life in order to redistribute ammunition and to care for seriously wounded comrades and to move them to sheltered positions. S/Sgt. Lambers' superb leadership, professional skill and magnificent courage saved the lives of his comrades, resulted in the virtual annihilation of a vastly superior enemy force and were largely instrumental in thwarting an enemy offensive against Tay Ninh City. His gallantry at the risk of his life is in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the U.S. Army.
    1968 - Bobby Darin, still traumatized by the recent assassination of his good friend, Senator Robert Kennedy, sells off his music publishing and production company, TM Music, for one million dollars.
    1969 - The four members of the Beatles gather in the Abbey Road studios in London for the last time as they complete work on "I Want You (She's So Heavy)" and ostensibly finalize the track order and mastering of their last recorded album, “Abbey Road.” (Three of the Beatles would later be present in the studio to overdub salvaged tracks from the Let It Be sessions.)
    1969 - 'Never say die' Camille let loose a cloudburst in Virginia resulting in flash floods and landslides which killed 151 persons and cause $140 million damage. Massies Hill, VA received 27 inches of rain.
    1969 - Andy Williams received a gold record for the album "Happy Heart" on Columbia Records. 
    1969 – Comedian, actor Billy Gardell, “Mike and Molly,” born in Pittsburgh.
    1970 - Credence Clearwater Revival's LP “Cosmo's Factory” hits #1
    1971 - Top Hits
“How Can You Mend a Broken Heart” - The Bee Gees
“Mr. Big Stuff” - Jean Knight
“Take Me Home, Country Roads” - John Denver
“I’m Just Me” - Charley Pride
    1971 - Texas Instruments, Dallas, Texas introduced the first electronic pocket calculator. It weighed about 2.5 pounds and cost $149. It could add, subtract, multiply, and divide, displaying the results in an LED (light-emitting diode) window.
    1973 - The Rolling Stones release "Angie."
    1974 - House of Representatives votes 412-3 to recommend three articles of impeachment against President Richard M. Nixon. The first charges him with taking part in a criminal conspiracy to obstruct justice in the Watergate cover-up; the second charges he "repeatedly" failed to carry out his constitutional oath in a series of alleged abuses of power; and the third accuses him of unconstitutional defiance of committee subpoenas.
    1974 - No. 1 Billboard Pop Hit: “(You're) Having My Baby,'' Paul Anka with Odia Coates. Anka’s last No. 1 hit was “Lonely Boy'' in 1959, marking the longest gap between top singles.
    1974 – Actress Amy Adams’ birthday in Italy.  Her breakthrough role came with the 2005 independent film “Junebug” for which she received critical acclaim and her first of five Academy Award nominations for Best Supporting Actress.  She has since had a string of successes such as “Enchanted,” “Charlie Wilson’s War,” “Doubt,” “Night at the Museum 2,” “Trouble with the Curve,” “American Hustle” and “Big Eyes.”
    1975 – NASA launched the Viking I probe of Mars.
    1976 - Gordon Lightfoot's "The Wreck of the Edmund Fitzgerald," about an ore carrier which sank on Lake Superior, was released as a single. The song, from the album "Summertime Dream," made it to number two on the Billboard Hot 100
    1977 - The song "Best of My Love", by the Emotions, topped the pop charts. It had a number one run of four weeks.   http://www.70disco.com/emotions.htm
http://www.grooveentertainmentinc.com/emo.htm
    1978 - After 37 consecutive years, the Stan Kenton Band folds. “Peanut Vendor.”
http://www.gemlimited.com/kenton.htm
    1979 - Top Hits
“Good Times” - Chic
“My Sharona” - The Knack
“The Main Event/Fight” - Barbra Streisand
“Coca Cola Cowboy” - Mel Tillis
    1980 - Birthday of American Composer Thomas Dempster, born Sandusky, MI.
    1985 - No. 1 Billboard Pop Hit: “Power of Love,'' Huey Lewis & the News. The million-selling single, which is featured in the hit film, “Back to the Future,'' is the band's first No. 1 song.
    1986 - U.S. Census Bureau officials reported that the U.S. population stood at 240,468,000 and the median age reached an all-time high of 31-1/2 years. 
    1986 - The temperature at San Antonio, TX, soared to an all-time record high of 108 degrees.
    1987 - Top Hits
“I Still Haven’t Found What I’m Looking For” - U2
“Who’s That Girl” - Madonna
“Luka” - Suzanne Vega
“A Long Line of Love” - Michael Martin Murphey.
    1987 - Half a dozen cities in the Central Plains Region reported record high temperatures for the date, including Pueblo, CO with a reading of 102 degrees, and Goodland, KS with a high of 104 degrees. Hill City, KS reached 106 degrees.
    1987 - Lindsey Buckingham, who had helped turn Fleetwood Mac into one of the biggest-selling groups of the Seventies, leaves the group after refusing to tour behind its latest album, “Tango in the Night.”
    1987 - Alabama dedicates a section of its Interstate 65 highway as the Hank Williams Memorial Lost Highway, a reference to one of his best-known songs. The fifty-mile stretch begins near his hometown of Georgiana and runs north to Montgomery, where he is buried.
    1988 - Raleigh, NC reported a record hot temperature reading of 103 degrees. Afternoon thunderstorms in Oklahoma produced wind gusts to 75 mph in southern Pittsburgh County. Thunderstorms in Indiana produced 4.50 inches of rain at Morgantown.
    1989 - Early morning thunderstorms deluged southeastern Delaware with six to ten inches of rain in four to six hours, with local reports of 13 to 20 inches of rain. Twenty-six major roads were closed or damaged, and fourteen bridges were washed out. Flooding caused nearly $4 million damage to local businesses.
    1989 - About 20,000 people ended a week-long 20th anniversary celebration of the Woodstock Festival at the festival's original site near Bethel, New York. They left behind a mountain of mud and empty beer cans. The unsanctioned gathering had only one serious incident - a stabbing. Folksinger Melanie [she was in my high school English class in Long Branch HS, NJ, 1960-61. Ralph Mango] was the only Woodstock veteran to show up. She performed from a makeshift stage. 
    1992 – Demi Lovato birthday.
    1993 - Top Hits
“Can’t Help Falling In Love” (From "Sliver")- UB40 
“Whoomp! (There It Is)”- Tag Team
“I’m Gonna Be (500 Miles)”- The Proclaimers 
Slam-Onyx 
    1994 - DNA testing linked O. J. Simpson to the murders of Nicole Simpson and Ron Goldman.
    1996 - Just ten days after Microsoft shipped its first Web browser, Netscape released a letter they had sent to the Justice Department earlier in the month alleging that Microsoft had sought to gain an unfair advantage by offering computer makers and Internet service providers improper payments and other incentives to use Internet Explorer instead of Netscape Navigator. Microsoft denied the allegations, but the question of Microsoft's tactics in promoting Internet Explorer came under heavy scrutiny in the Justice Department's 1998 antitrust suit against Microsoft. 
    1996 - Carlos Santana receives a star on Hollywood's Walk of Fame.
    1998 - At Shea Stadium, Cardinal first baseman Mark McGwire becomes the first player in Major League history to hit 50 home runs in three consecutive seasons. Mac's seventh inning solo shot helps to defeat the Mets, 2-0.
    1998 - US launches cruise missile attacks against alleged al-Qaeda camps in Afghanistan and a suspected chemical plant in Sudan in retaliation for the August 7 bombings of American embassies in Kenya and Tanzania.
    2000 - Tiger Woods won the 82nd PGA Championship in Louisville, Kentucky. Woods birdied the last two holes in regulation and won the championship in a playoff over Bob May, becoming the first player since Ben Hogan in 1953 to win three majors (Masters, U.S. Open, British Open) in one year. He was the first player to win back-to-back PGA championships since Denny Shute in 1936 and 1937. 
    2000 - The winningest pitcher in franchise history is honored by the Yankees during Whitey Ford Day ceremonies at Yankee Stadium. At his retirement, the crafty lefty, known as “The Chairman of the Board,” held the team records for victories (236), innings pitched (3,170 1/3), strikeouts (1,956) and shutouts (45).  Among pitchers with at least 300 career decisions, Ford ranks first with a winning percentage of .690, the all-time highest percentage in modern baseball history.  His career ERA is among the five lowest in the era since 1920.  For his career, Ford had 10 World Series victories, more than any other pitcher, and he also leads all starters in World Series losses (8) and starts (22), as well as innings, hits, walks, and strikeouts. In 1961, the same year Roger Maris broke Babe Ruth’s home run record, Ford broke Ruth’s World Series record of 29⅔ consecutive scoreless innings, eventually reaching 33⅔, still the World Series record.  His number 16 was retired by the Yankees in 1974, shortly after his election to the Baseball Hall of Fame.
    2002 - A judge issues a temporary restraining order preventing the sale of Barry Bonds' 600th career home run ball hit into the Pacific Bell Park stands on August 9. Jay Arsenault, who allegedly promised friends after being given a game ticket to split any monetary gains if he caught the historic baseball, has been ordered to appear in court for hearing on September 5 along with the prized souvenir.  Doubt it is worth much today.
    2002 - Top Hits
“Dilemma”- Nelly Featuring Kelly Rowland
“Hot In Here”- Nelly
“Complicated”- Avril Lavigne
“Just A Friend” - Mario
    2005 - Using the equivalent of a 98-miles-per-hour major league fastball, 12-year old Kalen Pimentel ties a Little League World Series record for strikeouts in a six-inning game. The 12-year old from Rancho Buena Vista strikes out 18 Owensboro batters (all of the recorded outs) as his team coasts to 7-2 victory in the pool play of the tournament.
    2008 - Umpires sign an agreement which will allow Major League Baseball to start using instant replay to help determine boundary calls, such as determining fair or foul fly balls and difficult home run rulings. The use of replay has expanded with managers having limits to such requests.  Now officials are concerned that the average game time exceeds 3 hours!  
    2012 - The official first-day-of-issue dedication ceremony for the Major League Baseball All-Stars Forever stamps takes place at the National Baseball Hall of Fame and Museum in Cooperstown, NY. The very popular philatelic series based on historic photographs honors Yankee Joe DiMaggio; Larry Doby of the Indians; Willie Stargell of the Pirates and Red Sox legend Ted Williams. 

    2014 - 17-year-old Katie Ledecky, Bethedsa, MD, the current world record holder for fastest 400-meter freestyle, breaks her own record at the Pan Pacific championships.  Ledecky, as a member of the 2016 US Olympic team competing in Brazil, has won four gold medals and one silver.  She is a five-time Olympic gold medalist, and nine-time world champion. She is the current world-record holder in the women's 400-, 800-, and 1,500-meter freestyle (long course). She also holds the fastest times in the 500-, 800-, 1000-, and 1,650-yard freestyle events.