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

Monday, June 29, 2015

Today's Equipment Leasing Headlines

Correction: Chart Not Included
10 Highest Paid CFOs in US Banking 2014
Top Ten Stories June 22-June 26
(Most Often Opened by Readers)
California Allows Oral Modification of Acceptance of
Equipment in Landmark Julius Castle Restaurant
By Tom McCurnin, Leasing News Legal Editor
“Your Greatest Strengths”
Career Crossroad---By Emily Fitzpatrick/RII
Leasing Industry Ads---Help Wanted
Two More Added: Top 25 Most Influential Lawyers
     in Equipment Finance and Leasing
Why I Became a CLFP
Bernie Boettigheimer, President, Lease Police
A Major Change on the Internet
  The Cost of Storage
Leasing 102 by Mr. Terry Winders, CLFP
  Making Money by Leasing
Forbes Global 2000 Bank List, 2014
 All But One in First Five: China
German Shepherd Mix
San Francisco, California Adopt-a-Dog
Classified Ads---Verification

News Briefs---
Greece Will Close Banks to Stem Flood
of Withdrawals
Panic Among Hedge Fund Investors in Greece
Greek stocks and bonds will tank when the markets open

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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      California Nuts Brief---
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Correction: Chart Not Included
10 Highest Paid CFOs in US Banking 2014

It was added on line, but for those who did not see it, is above.

Top paid CFOs in the US banking industry, 2014

There were other charts based on the banks assets. Those who missed this one, note Lynne Wilson, Marlin Bank, CFO: Base $275,599, Stock granted: $117,639, Nonequity: $133,519 a few more to make it $530,378.

Lynne Wilson, 52, who joined Marlin Business Services in June, 2006, as Chief Financial Officer, on April 30, 2015 announced her resignation as Senior Vice President and Chief Financial Officer.  Her employment  terminated May 31, 2015, according to a SEC filing. (1) No explanation was given for her resignation.


Top Ten Stories June 22-June 26
(Most Often Opened by Readers)

(1)   Editorial
 Put a Clause Requiring Notification in Your Lease Contract

(2) Archives: June 22, 2007
   Wildwood Closes Its Doors

(3) Senior Vice President Sentenced to Federal Prison
         Loss to Bank was $991,680

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

(5) Nevada County, CA lenders found guilty of fraud
      Sister and brother facing 30 years in prison

(6) Archives: June 24, 2005
 Gary Souverein New President at Pawnee Leasing

(T) (7) Defective Copier Lease Modification Leaves Lessor without Recourse by Tom McCurnin, Leasing News Legal Editor

(T) (7) Park Western Leasing, Inc Joins the Leasing News Funders "A" List

(10) Position Wanted –Credit Work Remotely or Relocate for Right Opportunity

(11) California SB 197 Back from Committee
  Allows Unlicensed Finance Lender to
 Do Business with Licensed Finance Lender

(12) Fifth Third to Close, Sell 100 Branches and Other Properties-- Company cites online, mobile banking uptick



California Allows Oral Modification of Acceptance of
Equipment in Landmark Julius Castle Restaurant

By Tom McCurnin
Leasing News Legal Editor


California Courts Struggle With the Blow Back From 2013 Riverisland Cold Storage Case.  Court Allows Lessee to Circumvent Lease Document
 With Oral Testimony 

Julius Castle Restaurant v Payne 157 Cal.Rptr3d 839 (2013)

Prior to 2013, California had a strong rule against allowing oral testimony to contradict a written document, a rule known as “integration” or the “parol evidence rule.”  So strong was California’s law that it was contrary to most State’s decisions which allow oral testimony to contradict a written statement in a contract if (a) Statements which conflict with the document were made to defraud the other side; and (b) The Statements were relied upon by the other side; and (c) The reliance was reasonable.  In early 2013, the California Supreme Court took a fresh look at the parol evidence rule in the Riverisland Cold Storage case (attached) and decided to bring California in line with the rest of the Country.  I think the Courts will regret that decision. 

In today’s case, one of the follow up cases to the California Supreme Court’s landmark decision involves a 2010 lease of the landmark restaurant Julius Castle equipment tied to a real estate lease.  Since 1922, Julius Castle was a famous restaurant below Coit Tower that clung on Telegraph Hill with a great view of the San Francisco Bay. It was sold in 2010 for $4.5 million.* The lessees walked through the premises, observed the restaurant equipment, and apparently were told that all the equipment was working. 

The true facts were that the property owner did not have a clue whether the equipment was working or not.  The prior restaurant closed, so the lessor had no personal knowledge of the functionality of the equipment, the utilities were off when the walk through occurred so nothing could be tested, so even if he wanted to test the equipment, neither the lessor nor the lessee could.  Nevertheless, the lessor apparently made the statement that the equipment was functioning, the lessees believed it, and the parties signed a lease.

Not to fear—the lessor had written language in the lease which said the equipment was inspected by the lessee and was taken “as is where is.”  The lease had an “integration clause” which prohibited the terms of the contract from being controverted by oral testimony.   What could go wrong? 
Well, the equipment wasn’t working and the Julius Castle never reopened, and the lessees sued the lessor for fraud.  The jury believed the statement was made (and there was nothing in the decision that suggests it wasn’t made), and the jury tagged the lessor for $294,000.  Because the lessor was merely sloppy or stupid, the jury did not award punitive damages. 
On appeal, the lessor claimed that the California Supreme Court couldn’t have meant what it said.  The Court of Appeal took a swipe at the lessor stating that the, “…parties would be better served in addressing the heightened burden of proving fraud in a civil action. … Among the questions to ask are: What are the plausible reasons for the alleged discrepancy between the claimed oral promises and the signed writing? Is there compatibility between the oral representations and the written document? What is the evidence relating to whether the document was read and considered before signing?”  Apparently, these issues were not briefed to the liking of the Court of Appeal.   The Court of Appeal affirmed the jury verdict, thus siding with the lessee, allowing the lessee to controvert a signed contract with contrary oral testimony.

What are the lessons for the equipment lessor here?

First, bad facts make bad law.  Here, there was little dispute that the contrary statements were made.  The sole issue was whether they were admissible.  So I guess the lesson is don’t say dumb things.

Second, in a post-Riverisland Cold Storage world, the parties’ oral statements are probably fair game.  Communication relative to negotiations should probably be confined to writings.  If oral statements must be made, they should be followed up with letters and emails.  After all, “reasonable reliance” is a big factor, and a follow up letter which contradicts the supposed oral statements might lead a court to holding that the lessee’s reliance was not reasonable. 

Third, in the wake of Riverisland Cold Storage, I predict that we will see many cases struggling with the scope of the parol evidence rule, and perhaps the California Legislature might act.

The bottom line to this case is that equipment lessors should not make dumb off the cuff statements about the equipment they are leasing.  If the lessor does, he might find itself in court.

* Castle on the Hill (note: restaurant is closed)

Julius Castle Case

Riverisland Cold Storage Case

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:

Previous Tom McCurnin Articles:




“Your Greatest Strengths”
Career Crossroad---By Emily Fitzpatrick/RII


One of the top questions asked by interviewers will be “What are your greatest strengths*” and how they will assist in your new role. The objective will be to demonstrate that your skills will be a good match for the position and company.

In answering this line of questioning, you will want to be specific. Describe how your strengths will help you accomplish the tasks and responsibilities required by tying them to the job description. This will establish your candidacy. Knowing that this questioning will be a part of the interview process, you must take the time to prepare and consider your answers.  
When you are responding to these questions, use examples from past positions to demonstrate your strengths as they relate to the job for which you are applying.

“One of my greatest strengths is my ability to work effectively with many different people. My strong communication skills have made me an effective project manager on dozens of projects over the years. Because this job involves many team projects, I know that my communication and interpersonal skills and make me an ideal fit for the position.

My organizational skills are my greatest strength. I am capable of keeping many projects on track at the same time. At my last job, I was typically the project manager on any team assignments, due to my ability to stick to deadlines and keep track of our team’s progress. These organizational skills would allow me to juggle all the day-to-day operations of the office as office manager.”

*Be prepared by making a list of the qualifications mentioned in the job requisition. Then, make a list of your skills that match. This list can include education or training, soft skills, or past work experience. Narrow your list of skills down to three to five of your strongest. 

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone:  954-885-9241
Cell:  954-612-0567
Invite me to Connect on LinkedIn
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns



Leasing Industry Help Wanted

Senior Credit Analyst

Choose Location
Anaheim, CA, Tigard, OR, Federal Way, WA

Middle Market Credits $500,000 to $5MM
including Equipment Leases and Financings
and Recourse and Non-recourse Lines of Credit
-Five or More Years Credit Underwriting Exp.
Some Relocation Provided
click here for more information

Financial Pacific Leasing - Commercial
A subsidiary of Umpqua Bank

Anaheim, CA

Financial Pacific Leasing’s Commercial team in Anaheim, CA is growing their Documentation/Funding group and looking for someone with an keen attention to detail and ready for the opportunity to work hard, learn and grow.

Please click here for more information.
A subsidiary of Umpqua Ban


Finance Officer

Fleet Financing Resources, LLC. is seeking candidates
to join our team. 3 yrs. sales exp. in the equipment leasing
& finance with pref. of titled transportation equipment

Click here for more information
Nationwide Leasing & Financing of Commercial Fleets

For information on placing a help wanted ad, please click here


Two More Added: Top 25 Most Influential List
in Equipment Finance and Leasing


Do you have a recommendation of an attorney who should be added to the list Leasing News is building on the 25 Most Influential Lawyers in the Equipment Finance and Leasing Industry?

"Influential" as "a person whose actions and opinions strongly influence the course of events." "Preeminent" is "eminent above or before others; superior; surpassing:" {Online Dictionary}

When the list exceeds 25, there will be a point when the top 25 on the list will be finalized. Nominations will appear in two parts: New Nominations/The Top List to Date (alphabetical) Again, this is not a popularity contest and those making the nomination will not be named.


New to be added to the List

Malcolm C. Lindquist concentrates his practice on commercial finance, equipment leasing, mergers, acquisitions and the Uniform Commercial Code. His practice includes the documentation of complex loan transactions, lease transactions and sales of portfolios of leases and loans. Malcolm also has extensive experience representing lenders in loan enforcement actions, bankruptcy proceedings, receiverships and out of court workouts. He is a noted speaker, as well as an author, named as one of The Best Lawyers, Banking and Finance (2012-2015>  Member of several bar associations, elected Member, American Law Institute, Board of Regents (2006-2010; 2012-2016) for the American College of Commercial Finance Lawyers, Former Chair, Secured Lending Subcommittee, Commercial Finance Service Committee of the American Bar Association, on the Equipment Leasing Subcommittee of UCC Committee, Executive Board (2009-Present, Association of Commercial Finance, served on the legal committee of the Equipment Leasing and Finance Association, as well as active in his community.

John G. Sinodis practice emphasizes the representation of equipment lessors and funding sources in all aspects of equipment leasing including litigation, documentation, insolvency, and transactional matters. Besides representing equipment lessors and funding sources, Mr. Sinodis represents financial institutions and asset-based lenders in the areas of commercial litigation, secured transactions, asset recovery, loan restructure and business litigation. Mr. Sinodis is an active member of the Equipment Leasing and Finance Association (ELFA) and the National Equipment Finance Association (NEFA). Prior to joining the firm, Mr. Sinodis served as the president of General Leasing Co. and is presently a member of its board of directors.

Most Influential Lawyers
in Equipment Finance and Leasing

Andrew Alper
Thomas V. Askounis

Joe Bonanno, CLFP

James Coston
Jonathan Fleisher
Kenneth Charles Greene, Esq.
Michael A. Leichtling
Barry Marks, Esq.
David G. Mayer
Frank Peretore
Ellen Michelle Stern
Kevin Trabaris
Michael J. Witt

Biographies of Past Nominees


Why I Became a CLFP

Bernie Boettigheimer, CLFP
President, Lease Police

(Note: the designation changed at the first of the year from CLP to CLFP.  Bernie became a Certified Lease Professional in 1996, and the designation has been up-dated to  its current standing  in this article. Editor.)

When Richard Benson, our Pioneer Capital consultant, took my son John and I to all the money sources in New York after I became a CLFP in 1996, it was my impression that the CLFP designation on my business card helped a long way toward our acceptance. At that time, the eastern finance establishment tended to be rather provincial regarding westerners. Having grown-up and educated in New York, I was well aware of this. Our consultant Richard Benson was a Harvard MBA “grad” so that helped, but I believe the Certified Leasing Professional impressed them almost as much.

The idea of becoming a CLFP came in 1993 from a friend of mine, who had just closed his first Securitization. He asked us to take over his marketing to brokers. Pioneer Capital, up to that time was strictly vendor-oriented and really we did not have the expertise in dealing with brokers or broker paper.

Later on Pioneer developed its own portfolio. Broker business became an important contributor of our entire portfolio. As our fundings increased, it was apparent that our existing local credit lines would soon approach exposure limits. While our portfolios were well-performing, we would have to combat negative perceptions of broker generated paper by prospective investors, who were initially unaware of our thorough investigation efforts and credit matrix.

It began to bother me at that time: Would these prospective investors view us as some “Wild-Eyed Texans” trying to sell them on an area of credit where they had long-held negative ideas? What would it take to dispel them of their perceptions? In our view, senior management would have to provide not only very precise and careful explanation of our credit models for vendor and broker business, but we also had to demonstrate that we possessed the intellectual ability and credentials to make future decisions.

The idea of proving ourselves as having the knowledge and getting certified would hopefully dispel those who did not know me. In those days, what the Western Association of Equipment Leasing had was a spiral booklet of information. There was good information in it, but not as much as today that is available in book form. Luckily, I had taught many of the subjects over a number of years at the conferences and had made outlines of the process to conduct the workshops. In addition, my previous employment positions in the finance, working for Dun and Bradstreet, then my manufacturing industries background allowed me to be very comfortable with all accounting and regulation matters. I read the "education booklet" over once and felt I could pass the test, but remembered from my college days not to get cocky: always re-read my answers after I finished a test.

As I remember the CLFP test was held in a suite at the Marriott Hotel in Addison, Texas. There were five of us: Jim Lahti and his then partner Rick Galtelli, Adrian Hebig, then of US Bank Manifest, and another, whose name escapes me at this time. Ray Williams was the executive director of the Western Association of Equipment Leasing (now National Equipment Finance Association), and he conducted the test. I arrived late because of a doctor’s appointment, and he knew that, but Ray said to get there as soon as I could. I was the last to finish, but not because I was late, but because I re-read all my answers to double-check myself.

Jim and Rick had their own business and I didn’t think they would have any trouble, but Adrian was an employee of Manifest and there was more pressure on him as he had never run a business in his past. He was a smart cookie and still is. All five of us passed!

In May, 1996, I received my CLFP certificate and we were successful in obtaining additional new credit facilities to handle our growing broker business as well as our more traditional vendor generated accounts. Having a CLFP designation provided additional assurance to these finance professionals that they were dealing with accomplished finance professionals.

I believe very strong in the program. When the Mentor program came along, I was one of the first to volunteer and still am active helping others to learn the material and pass the test.

Why I Became a CLFP Series:

(Please Click on Bulletin Board to learn more information)
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)


A Major Change on the Internet
The Cost of Storage

The cost reduction of 1GB storage:
1960 — $10 Million
2010 — 9 cents
2015 — Free (15 GB, Google Drive)




(Terry retired January 1, 2015.  To honor him and his many years of writing for readers of Leasing News, is repeating several of his columns that are still meaningful today. Here is July 29, 2013.)

Making Money by Leasing

A fair amount of vendors and lease sales people think there is more money to be made by retaining leases instead of selling them off to a funding source for a fee. They would like to think that the margins they negotiate with the lessee that is retained by the funding source is loaded with profits.

I am asked on many occasions to help those who want to convert a sales portfolio into a lease portfolio so they can reap the profits imbedded within. However one should consider the basic costs of engaging in a leasing activity. Also there is the requirement to cover tasks that are not involved in a sales effort.

I am not saying that the sales effort is not the most important factor in having a lease portfolio because without a successful marketing effort the quality and volume of the portfolio would not exist. No marketing effort, no leasing company.

To start retaining lease business, the first requirement is to have a current bookkeeping system that can keep track of the portfolio and maintain proper and precise records. In addition, someone is required to run the bookkeeping system and provide all of the duties and tasks required like billing, collecting, and day to day lessee inquires. Also, a lease loss reserve needs to be established which will subtract from earnings and over time, while it is being created, you will have to take actual losses that will also reduce earnings.

Additional personnel are necessary for back office support to verify  insurance, file liens and render credit decisions. These duties should be handled by a professional to limit losses and provide guidance on documentation.

There are companies who offer “back office” service to take over these functions, including billing, collecting, day to day inquiries, and even bookkeeping. (1)

Income from a lease is spread over the term; and therefore it takes a long time and a lot of volume to develop a monthly income to cover monthly expenses. For instance, a $10 million volume in the first year spread over the twelve months with a 4% markup would only build up to $57,000 a month by year’s end before covering the lease loss reserve and all other expenses. It is considered that to cover the first years expenses it would take a capital base of $600,000 before break even could be accomplished.

Generally speaking, it is wise to combine the retention of leases with a well-developed brokerage operation to develop the portfolio over time instead of just putting all the business on the books. In addition, having several funding sources to handle a broad range of credits helps you to retain only the best credits to build your own business.

Vendors have the advantage of taking border line credits because they can remarket the repossessed equipment much faster and cheaper that you can. There are some issues with a new portfolio that you have to consider. For example, there is more income and a faster growth if the transactions are of longer terms. However, a shorter term allows for a faster development of the lease loss reserve and a faster reduction of equipment risk or loss.

In the first few years of a lease, portfolio losses will look low because of the growth rate so you need to watch collections very closely. It takes about three to four years to finally reach conformity with income and expense.

The timing of true profitability is a function of type to leases you retain and the margins in those deals. It is a long, long procedure and needs proper management and watching expenses very closely.

(1) Back Office Companies:

Back Office Companies Classified:

Starting a Leasing Company-Four Parts
by Mr. Terry Winders, CLP
Part 1
Part 2
Part 3
Part 4

Previous #102 Columns:



Forbes Global 2000 Bank List, 2014
All But One in First Five: China

According to Forbes, Industrial and Commercial Bank of China (ICBC) and China Construction Bank (CCB) seized the top two spots in 2013, with Agricultural Bank of China (ABC) taking #3 in 2014. This year, Bank of China jumped five spots to oust JP Morgan Chase from the Top 5.

Forbes 100 Largest Public Companies



German Shepherd Mix
San Francisco, California Adopt-a-Dog

ID: 28150959
Age: 10M
Weight: 50lbs. 11oz.

"Hermes is a very sweet, youthful and social guy that will need plenty of exercise and affection. He will also benefit from some training and regular chances to mingle with other dogs."

Mission Campus
San Francisco SPCA
250 Florida Street
San Francisco, CA 94103

Mon-Fri: 1 - 7pm
Sat-Sun: 10am - 6pm
Closed on major holidays

*Note: We process adoptions
until one hour before closing.

Adopt a Pet


Retrieve/verify a corporation and personal tax information (1040, 1120, 1065) electronically directly from the source. Results delivered in 24-48 hours. 678-393-1988 Scott


(Leasing News provides this ad as a trade for appraisals and equipment valuations provided by Ed Castagna)


News Briefs----

Greece Will Close Banks to Stem Flood of Withdrawals

Panic Among Hedge Fund Investors in Greece
Greek stocks and bonds will tank when the markets open

Senior Credit Analyst

Choose Location
Anaheim, CA, Tigard, OR, Federal Way, WA

Middle Market Credits $500,000 to $5MM
including Equipment Leases and Financings
and Recourse and Non-recourse Lines of Credit
-Five or More Years Credit Underwriting Exp.
Some Relocation Provided
click here for more information

Financial Pacific Leasing - Commercial
A subsidiary of Umpqua Bank



--You May Have Missed It

A look at how newspapers covered same-sex marriage ruling

Today's Front Page Newspapers Across the US


SparkPeople--Live Healthier and Longer

The Shelf Life of Fruits and Vegetables
Plan Meals and Grocery Trips Using this Time Table


Baseball Poem

(This is an acrostic poem, in which the first letter of each line spells out a clue into the poem's meaning.)

    by Nancy Weaver

Victor suffers

In his room, with

Old World strains

Long studied ...

In his hands,

Never mastered.



Are better busied

Slinging bats and stealing bases;

Even measuring odds,

Batting averages

Angles and trajectory and ...

Losers, unknown to composers of

Lovely concertos.




Sports Briefs----

Jameis Winston: 'I'm just moving forward'

Oakland stadium deal 'worst by far' for Raiders, experts say

Chargers stadium, Past failures key to Chargers' L.A. pitch

Stadium aside, Rams must prove their worth

Ex-Giant coach Flannery, Renaissance man, finds broadcast niche

Bonds, Suh, Schwarzenegger take in Toyota
/Save Mart 350 NASCAR Sprint Cup race in Sonoma

Los Gatos native Allmendinger is ‘the man to beat’


Receivables Management LLC
John Kenny

• End of Lease Negotiations & Enforcement 
• Third-Party Commercial Collections | ph 315-866-1167

(Leasing News provides this ad as a trade for investigative
reporting provided by John Kenny)


California Nuts Briefs---

California drought resurrects old population growth concerns


“Gimme that Wine”

Wine Business Monthly Acquires WITS,
  The Wine Industry Technology Symposium

Pa. Senate approves bill on wine home delivery

Napa valley Vintners: Vines are in good shape, even during drought

New tasting cave at Roth Estate

Wine fraud: Ex-director guilty of million pound con

Sonoma State and Napa Valley College Offer
Summer Wine Workshop Series

Free Mobile Wine Program

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in American History

     1502 - Christopher Columbus arrived at Santo Domingo, Hispaniola, on his 4th voyage to the new world. He requested harbor and advised Gov. Nicolas de Ovando of an approaching hurricane. Ovando denied the request and dispatched a treasure fleet to Spain. 20 ships sank in the storm, 9 returned to port and one made it to Spain.
    1541 - The Spanish first crossed the Arkansas River. Francisco Vazquez de Coronado continued to explore the American southwest. He left New Mexico and crossed Texas, Oklahoma and east Kansas.
    1652 - Massachusetts declared itself an independent commonwealth.
    1736 - Birthday of American Patriot Patrick Henry (1736-99) in Hanover County in the British colony of Virginia.  A Founding Father, he served as the first and sixth post-colonial Governor of Virginia. Henry led the opposition to the Stamp Act 1765 and is remembered for his "Give me liberty or give me death" speech. With Samuel Adams and Thomas Paine, he is regarded as one of the most influential champions of Republicanism and an invested promoter of the American Revolution and its fight for independence.  After the Revolution, Henry was a leader of the anti-federalists in Virginia and he opposed the Constitution, fearing that it endangered the rights of the States as well as the freedoms of individuals; he helped gain adoption of the Bill of Rights. By 1798 however, he supported President John Adams and the Federalists; he denounced passage of the Kentucky and Virginia Resolutions as he feared the social unrest and widespread executions that had followed the increasing radicalism of the French Revolution.
    1744 - “Yankee Doodle” was written by Dr. Richard Shuckburgh, regimental surgeon to General Edward Braddock, commander in chief of the British forces during the French and Indian War.  The verses were written at Albany, NY, and set to an ancient English tune, “The World Turned Down.” Shuckburgh intended to ridicule the “homely clad colonials,” but the song was taken up by the colonist themselves, and was played at the victory celebration in Yorktown in 1781 when Lord Cornwallis surrendered at the end of the Revolutionary War.
    Some of the popular songs during this time were “The Liberty Song,” also known as “In Freedom We're Born,” and “My Days Have Been So Wondrous Free.”  Perhaps the most popular war song, according to historians, was “Chester,” composed in 1778 by William Billings of Boston, MA.  The song was published in Billing's “The Singing Master's Assistant or Key to Practical Music,” printed by Draper and Folsom, Boston. “Chester” contains the following chorus: “Let tyrants shake their iron rod;/ And Slav'ry clank her galling chains,/We fear them not;/ We trust in God,/New England's God forever reigns.”
    1767 - British Parliament passed the Townshend Revenue Act levying taxes on America.
    1776 - Tule Arbor--- First Church in San Francisco before Mission Dolores.  The Mission was founded by Lt. Jose Joaquin Moraga and Fr. Francisco Palou (a companion of Fr. Serra), both members of the de Anza Expedition, which had been charged with bringing Spanish settlers to Alta (upper) California and evangelizing the local Ohlone natives.
    1776 - Virginia state constitution was adopted and Patrick Henry was made governor.  
    1804 - Privates John Collins and Hugh Hall of the Lewis and Clark Expedition were found guilty by a court-martial consisting of members of the Corps of Discovery for getting drunk on duty. Collins receives 100 lashes on his back and Hall receives 50
    1820 - Revenue cutter Dallas captured the 12-gun brig-of-war General Ramirez, which was loaded with 280 slaves, off St. Augustine. The 8 July 1820 issue of the Savannah Republican noted: "On the 28th ultimo, while the Cutter DALLAS was lying in the St. Mary's River, Captain Jackson received information that the Brig of war GENERAL RAMIREZ, supposed to be a piratical vessel was hovering off St. Augustine. The Cutter forthwith got under way in pursuit of the Brig having first obtained 12 United States soldiers from Fernandina to strengthen the Cutter's force. At half past three the next day, she hailed the Brig and received for answer, "This is the Patriot Brig GENERAL RAMIREZ----." Captain Jackson finding a number of blacks on board took possession of the vessel and brought her into St. Mary's, arriving on the 1st instant. Captain Jackson found on the Brig about 280 African slaves. The Captain and crew, 28 in number, acknowledged themselves Americans."
    1832 - “America the Beautiful” was written on a scrap of paper in a half hour by Dr. Samuel Francis Smith, a Baptist minister.  The original manuscript is in the Harvard University Library.
    1848 - Wisconsin becomes the 30th state.  (Lower part of: ­)
    1851 - The historic Ohio Woman's Rights Convention met in Akron.
    1854 – The Gadsden Purchase which included parts of AZ and NM, from Mexico was completed for $10 million
    1858 - Birthday of George Washington Goethals (1858-1928), American engineer and army officer, chief engineer of the Panama Canal and first civil governor of the Canal Zone, at Brooklyn, NY. 
    1858 - Birthday of Julia C. Lathrop (1858-1932) at Rockford, IL, a pioneer in the battle to establish child-labor laws.  Julia C. Lathrop was the first woman member of the Illinois State Board of Charities and in 1900, was instrumental in establishing the first juvenile court in the U.S.  In 1912, President Taft named Lathrop chief of the newly created Children's Bureau, then part of the US Dept. of Commerce and Labor. In 1925, she became a member of the Child Welfare Committee of the League of Nations. 
    1862 - To set the record straight about a famous Internet hoax about “Taps”, a military signal indicating “lights out” at night and “farewell” at military funerals, the hoax names the right period of time, but the wrong circumstances.   Actually “Taps” was played on the drum for many years, thus its name.  The musical form of “Taps” is performed as a bugle call and as a song.  Union General Daniel Butterfield wrote the music on the back of a torn envelope and whistled the tune to Oliver Wilcox Norton, bugler and aide-de-camp of General Strong Vincent, commander of the 83rd Regiment Pennsylvania Volunteers of the Army of the Potomac. They were resting in camp at Harrison's Landing on the James River in Virginia, immediately after the seven days of fighting near Richmond.
    1863 – At age 23, George A. Custer was appointed a Brigadier General in the Union Army.
    1886 - Harlem photographer James VanDer Zee (1886-1983) was born in Lenox, MA.
        1905 - Archibald Wright “Moonlight” Graham, a real-life ballplayer made famous by his appearance in W.P. Kinsella's novel, “Shoeless Joe”, and the movie, “Field of Dreams”, played in his only major league game.  A substitute outfielder for the New York Giants, for the bottom of the eighth, Graham was sent in to play right field. In the top of the ninth inning, Graham was on deck when the third out was made. Graham played the bottom of the ninth in right field but never came to bat. That game turned out to be his only appearance in the major leagues.  Poetic license in the book and film moved this game to 1922.  The story of his life was otherwise true.
    1910 - Birthday of song writer Frank Loesser (1910-69), New York City, NY.  He wrote the lyrics and music to the Broadway hits “Guys and Dolls”,  “How to Succeed in Business Without Really Trying”, and “Baby, It’s Cold Outside”, the latter winning the Academy Award for Best Song.
    1922 - Composer-pianist Ralph Burns (1922-2001) was born in Newton, Mass.  He wrote “Bijou”, “Early Autumn”, many others for Woody Herman before going out on his own as a pianist.
    1924 – Birthday of American poet Cid Corman (1924-2004) in Boston’s Roxbury.  Throughout the 1950's and 1960's, Corman's magazine ORIGIN published some of the major works of the Black Mountain poets, as well as other important work, choosing mostly poems not yet readily available elsewhere: the early poetry of Charles Olson, Robert Creeley, and Denise Levertov with the late works of Wallace Stevens and William Carlos Williams.
Corman has published over 70 volumes of poetry, translated several French and Japanese poets, and published four volumes of essays. He had lived in Kyoto, Japan since 1958 where he and his wife run a business, Cid Corman's Dessert Shop, until his death.
"A hint or tint of music — as if the silence were being turned on."
http:// corman.html corman.html
    1927 – The first flight from the West Coast arrived in Hawaii.
    1931 - The temperature at Monticello, FL hit 109 degrees to establish an all-time record for the state.
    1933 - Primo Carnera won the heavyweight championship of the world by knocking out Jack Sharkey in the sixth round of a fight at Long Island City, NY. Carnera held the title for only a year. He knocked out two contenders and then was defeated by Max Baer in June, 1924.
    1934 - After four years in the National Football League, the Portsmouth Spartans were sold to G.A. “Dick” Richards.  He moved the team to Detroit and changed its nickname to the Lions.
    1936 - Birthday of third baseman Harmon Clayton Killebrew (1936-2011), Payette, ID.  During his 22-year MLB career in, primarily with the Minnesota Twins, Killebrew was a prolific power hitter who, at the time of his retirement, was second only to Babe Ruth in American League home runs and was the AL career leader in home runs by a right-handed batter (since broken by Alex Rodriguez). He was inducted into the Baseball Hall of Fame in 1984.
    1938 - Birthday of The Valiants leader Billy Storm, Dayton, OH.
    1939 - Benny Carter records theme “Melancholy Lullaby” (Vocalion 4984)
    1940 - U.S. passed the Alien Registration Act requiring aliens (non-citizens) to register.
    1941 - Birthday of crusader and Freedom rider Stokely Carmichael (1941-98). As a radio newsman, I interviewed him by telephone during the March as arranged by Hal Light of San Francisco.  He reported coined the word: “Black Power.” I also interviewed him in Oakland, California. In 1960, Carmichael formed the Student Nonviolent Coordinating Committee. The SNCC was a student desegregation & civil rights group recognized for organizing massive voter registration drives in the 1960s. In 1967, Carmichael became honorary prime minister of the militant Black Panther Party. Carmichael & his then wife, famed South African singer Miriam Makeba, moved to Guinea in 1969.
    1941 - In a doubleheader with the Senators, Joe DiMaggio ties and then breaks the American League consecutive game hitting streak of 41 established by George Sisler. In the opener, he knots the record with a double off Dutch Leonard, and in the nightcap, 'The Yankee Clipper' tops the record with a seventh inning single against Walt Masterson.
    1944 - Singer Little Eva, whose full name is Eva Narcissus Boyd, was born in Belhaven, North Carolina. She was the babysitter for songwriters Carole King and Gerry Goffin when she recorded their song, "The Loco-Motion." It went to number one in the summer of 1962. The background singers on the record were a group called the Cookies, who had a hit of their own later in '62 with "Chains."
    1945 - President Truman approves the plan, devised by the Joint Chiefs of Staff, to invade Japan. The plan calls for 5 million troops, mostly Americans. Kyushu is to be invaded on November 1st with some 13 divisions (Operation Olympic) and Honshu is to be invaded on March 1, 1946 with some 23 divisions (Operation Coronet), including forces of the US 1st Army from Europe. The British will deploy a very long range bomber force in support of the invasion.
    1948 - Top Hits
Nature Boy - Nat King
Toolie Oolie Doolie - The Andrews Sisters
Woody Woodpecker Song - The Kay Kaiser Orchestra (vocal: Gloria Wood & The Campus Kids)
Bouquet of Roses - Eddy Arnold
    1950 – Whitey Ford was called up by the Yankees from their Kansas City farm team.  Ford would go on to a 9-1 record and win the final game of the World Series sweep of the Phillies.
    1952 -  I remember this day very well, the start of my teenager years, when the first “Rock and Roll” song to hit Number 1 in the pop charts was “Rock Around the Clock“.  The recording artists were Bill Haley and the Comets, one of the first all-white acts to play “Rock and Roll.”  It was the title song to the movie, “Blackboard Jungle.” Haley was originally a country and western singer, who my father hired in Chester, Pennsylvania in 1948 to sing “rock-a-billy” to a radio station when he was the general manager.  Haley later learned the electric guitar and the rest is history.
    1956 - Top Hits
The Wayward Wind - Gogi Grant
I Almost Lost My Mind - Pat Boone
Picnic - The McGuire Sisters
Crazy Arms - Ray Price
    1956 - Charles Dumas of the US became the first high jumper to clear the seven-foot barrier when he reached 7’, 5/8” at the US Olympic Trials meet in Los Angeles. He won the gold medal at the Melbourne Olympics later that year at a height of 6’, 11½”.
    1956- President Dwight Eisenhower signed a bill providing $33.5 billion for highway construction. It was the biggest public works program in history.
    1959 - Dick Clark announces his first Caravan of Stars tour, which would feature The Skyliners, who were still riding high on their hit "Since I Don't Have You".
    1960 - Birthday of singer Evelyn “Champagne” King, The Bronx, New York
    1963 - The first song written by John Lennon and Paul McCartney makes it to the Hot 100. It's "From Me to You" as performed by Del Shannon.
    1964 - Top Hits
A World Without Love - Peter & Gordon
I Get Around - The Beach Boys
My Boy Lollipop - Millie Small
Together Again - Buck Owens
    1966 - MORRIS, CHARLES B., Medal of Honor.
Rank and organization: Staff Sergeant (then Sgt.), U.S. Army, Company A, 2d Battalion (Airborne), 503d Infantry, 173d Airborne Brigade (Separate). Place and date: Republic of Vietnam, 29 June 1966. Entered service at: Roanoke, Va. Born: 29 December 1931, Carroll County, Va. C.O. No.: 51, 14 December 1967. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. Seeing indications of the enemy's presence in the area, S/Sgt. Morris deployed his squad and continued forward alone to make a reconnaissance. He unknowingly crawled within 20 meters of an enemy machinegun, whereupon the gunner fired, wounding him in the chest. S/Sgt. Morris instantly returned the fire and killed the gunner. Continuing to crawl within a few feet of the gun, he hurled a grenade and killed the remainder of the enemy crew. Although in pain and bleeding profusely, S/Sgt. Morris continued his reconnaissance. Returning to the platoon area, he reported the results of his reconnaissance to the platoon leader. As he spoke, the platoon came under heavy fire. Refusing medical attention for himself, he deployed his men in better firing positions confronting the entrenched enemy to his front. Then for 8 hours the platoon engaged the numerically superior enemy force. Withdrawal was impossible without abandoning many wounded and dead. Finding the platoon medic dead, S/Sgt. Morris administered first aid to himself and was returning to treat the wounded members of his squad with the medic's first aid kit when he was again wounded. Knocked down and stunned, he regained consciousness and continued to treat the wounded, reposition his men, and inspire and encourage their efforts. Wounded again when an enemy grenade shattered his left hand, nonetheless he personally took up the fight and armed and threw several grenades which killed a number of enemy soldiers. Seeing that an enemy machinegun had maneuvered behind his platoon and was delivering the fire upon his men, S/Sgt. Morris and another man crawled toward the gun to knock it out. His comrade was killed and S/Sgt. Morris sustained another wound, but, firing his rifle with 1 hand, he silenced the enemy machinegun. Returning to the platoon, he courageously exposed himself to the devastating enemy fire to drag the wounded to a protected area, and with utter disregard for his personal safety and the pain he suffered, he continued to lead and direct the efforts of his men until relief arrived. Upon termination of the battle, important documents were found among the enemy dead revealing a planned ambush of a Republic of Vietnam battalion. Use of this information prevented the ambush and saved many lives. S/Sgt. Morris' gallantry was instrumental in the successful defeat of the enemy, saved many lives, and was in the highest traditions of the U.S. Army.
    1968 - Donovan's "Hurdy Gurdy Man" enters the Billboard chart, where it will reach #5. The song featured former Yardbirds guitarist, Jeff Beck.
    1968 - Pink Floyd's second LP "A Saucerful of Secrets" is released.
    1968 - "Tip-Toe Thru' The Tulips With Me" by Tiny Tim peaks at #17
    1969 - Detroit Tiger Jim Northrup ended an exciting week in his baseball career when he connected for his third grand-slam home run in seven days, setting a record in major league baseball.
    1970 - With the award-winning "Liza Minelli Special," NBC offered an evening of entertaining television.
    1971 - The City of Memphis, TN, voted to name a road in honor of Elvis Presley---a 12-mile portion of the highway that passes Graceland.
    1972 - *BENNETT, STEVEN L., Medal of Honor.

Rank and organization: Captain, U.S. Air Force. 20th Tactical Air Support Squadron, Pacific Air Forces. Place and date: Quang Tri, Republic of Vietnam, 29 June 1972. Entered service at: Lafayette, La. Born: 22 April 1946, Palestine, Tex. Citation: Capt. Bennett was the pilot of a light aircraft flying an artillery adjustment mission along a heavily defended segment of route structure. A large concentration of enemy troops was massing for an attack on a friendly unit. Capt. Bennett requested tactical air support but was advised that none was available. He also requested artillery support but this too was denied due to the close proximity of friendly troops to the target. Capt. Bennett was determined to aid the endangered unit and elected to strafe the hostile positions. After 4 such passes, the enemy force began to retreat. Capt. Bennett continued the attack, but, as he completed his fifth strafing pass, his aircraft was struck by a surface-to-air missile, which severely damaged the left engine and the left main landing gear. As fire spread in the left engine, Capt. Bennett realized that recovery at a friendly airfield was impossible. He instructed his observer to prepare for an ejection, but was informed by the observer that his parachute had been shredded by the force of the impacting missile. Although Capt. Bennett had a good parachute, he knew that if he ejected, the observer would have no chance of survival. With complete disregard for his own life, Capt. Bennett elected to ditch the aircraft into the Gulf of Tonkin, even though he realized that a pilot of this type aircraft had never survived a ditching. The ensuing impact upon the water caused the aircraft to cartwheel and severely damaged the front cockpit, making escape for Capt. Bennett impossible. The observer successfully made his way out of the aircraft and was rescued. Capt. Bennett's unparalleled concern for his companion, extraordinary heroism and intrepidity above and beyond the call of duty, at the cost of his life, were in keeping with the highest traditions of the military service and reflect great credit upon himself and the U.S. Air Force.
    1972 - Top Hits
The Candy Man - Sammy Davis, Jr.
Song Sung Blue - Neil Diamond
Outa-Space - Billy Preston
That's Why I Love You Like I Do - Sonny James
    1980 - Top Hits
Coming Up - Paul McCartney & Wings
The Rose - Bette Midler
It's Still Rock & Roll to Me - Billy Joel
Trying to Love Two Women - The Oak Ridge Boys
    1984 - Bruce Springsteen kicks off his Born In The U.S.A. tour in St. Paul, Minnesota. His single, "Dancing in the Dark," peaks at #2 on the same day.
    1988 – Top Hits
Foolish Beat - Debbie Gibson
Dirty Diana - Michael Jackson
Make It Real - The Jets
He's Back and I'm Blue - The Desert Rose Band
    1988 - Alpena, MI, reported a record low of 39 degrees while Jackson, MS, equaled their record for the month of June with an afternoon high of 105 degrees. Thunderstorms in the central U.S. soaked Springfield, MO with 3.62 inches of rain, a record for the date.
    1990 - Dave Stewart of the Oakland Athletics pitched a 5-0 no hitter against the Toronto Blue Jays at SkyDome.  Later in the day, Fernando Valenzuela of the Los Angeles Dodgers pitched a 6-0 no-hitter against the St. Louis Cardinals.  This marked the first time in major league history that no-hitters were recorded in each league on the same day and the first time in the 20th century that two pitchers hurled complete-game no-hitters on the same day.
    1994 - The U.S. Supreme Court reaffirms its 1973 Roe v. Wade decision on legal abortion, but its 5-to-4 ruling in Planned Parenthood v. Casey supports a Pennsylvania law limiting a woman's right to abortion. The Court also lets stand a Mississippi law requiring a 24-hour waiting period, which critics believe hindered many poorer women from obtaining legal abortions because they cannot afford overnight stays in cities far from their homes and jobs.
    1994 - Top Hits
I Swear - All-4-One
Regulate (From "Above The Rim") - Warren G
Any Time, Any Place/And On And On - Janet Jackson
Don’t Turn Around - Ace Of Base
    1995 - An American space shuttle docked with a Russian space station for the first time, resulting in the biggest craft ever assembled in space.  The cooperation involved in this linkup was to serve as a stepping-stone to building the International Space Station.
    1998 - George Harrison (1943-2001) announces that he had been receiving radiation treatment for throat cancer caused by smoking. Harrison says he has been given a clean bill of health by saying, "I'm not going to die on you folks just yet." That sad event would take place on November 29th, 2001.
    1999 - Singer/songwriter Jewel forgets the words to her song "Little Sister" from her Pieces of You album during a concert in Mountain View, California. She asks the audience if anyone has a copy of her album with the front cover. A boy in the audience pulls it out of his backpack, and holds the lyrics up for Jewel while she performs
    2000 - On his much awaited return to Shea Stadium, John Rocker pitches a perfect eighth inning in front of 46,998 booing fans helping the Braves to stop the Mets' winning streak at seven, 6-4. Prior to the game, the Atlanta reliever read a statement apologizing for his inappropriate comments about New Yorkers which appeared in the off season in Sports Illustrated.
    2003 - Top Hits
This Is The Night - Clay Aiken
Flying Without Wings - Ruben Studdard
Crazy In Love - Beyonce Featuring Jay-Z
Magic Stick - Lil' Kim Featuring 50 Cent
   2007 – Apple Inc. releases its first mobile phone, the iPhone



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