Monday, June 28, 2021
Today's Leasing News Headlines
The Difference Between Cats and Dogs
Cartoon
License and Registration United States
By Kenneth C. Greene, Attorney
Leasing Industry Ads
Top Sales Positions with Growing Companies
Measure More Than Revenue
By Steve Chriest
Companies who utilize Evergreen Clauses
for Extra Lease Payments
ABS Tag and Title Partners with
National Vehicle Leasing Association
Top Ten Leasing News
June 22 to June 24
Microsoft Joins $2 Trillion Club
Chart
Target will top $18 billion in US ecommerce sales this year
Since 2019, its online sales have surged nearly 175%
Labrador Retriever/Mixed
Seattle, Washington Adopt-a-Dog
Amazing Group Rate at Hotel Sept. 8 - 10
2021 AACFB Annual Conference, Nashville, TN
News Briefs---
Mortgage Rates Shift Gears
"expect that rates will continue to gradually rise "
How Two Start-Ups Reaped Billions in Fees
on Small Business Relief Loans
‘A giant game of musical chairs’:
Waves of workers are changing jobs as pandemic wanes
Where Jobless Benefits Were Cut
Jobs Are Still Hard to Fill
Adobe announces hybrid post-COVID workplace plan
emphasizing remote work despite major office spending
Francis Ford Coppola Winery to be acquired
By Napa-based Delicato Family Wines
You May have Missed---
Explainer video: Merchant Cash Advance vs. Loans
Featuring: Sean Murray
Broker/Funder/Industry Lists | Features (wrilter's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months
www.leasingcomplaints.com (Be Careful of Doing Business)
www.evergreenleasingnews.org
Leasing News Icon for Android Mobile Device
Sports Brief----
California Nuts Brief---
"Gimme that Wine"
This Day in History
SuDoku
Daily Puzzle
GasBuddy
Weather, USA or specific area
Traffic Live----
######## surrounding the article denotes it is a “press release,” it was not written by Leasing News nor has the information been verified. The source noted. When an article is signed by the writer, it is considered a “byline.” It reflects the opinion and research of the writer.
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License and Registration United States
By Kenneth C. Greene, Attorney
(A State-by-State Analysis of License Requirements
for Lenders and Brokers
Anyone in the equipment finance industry should be well aware that certain states require a license and/or registration for anyone who brokers or makes loans within that state. Although most everyone knows about the stringent licensing laws in California and the penalties which may be imposed for non-compliance, what you might not know is that several other states also require licenses, albeit under different regulatory frameworks than California. The statutory schemes in the other states may be somewhat less complex, and perhaps more randomly enforced, but that doesn’t mean they don’t exist. Given the national and perhaps international trend towards closer regulation of the industry through both licensing and disclosure laws, it is important that everyone be aware of the licensing, registration and disclosure rules throughout the country, and perhaps beyond.
This series of articles will address the licensing requirements, or lack thereof, in all 50 states, as well as Washington D.C. and Puerto Rico. It is a synopsis of each state’s laws, progressing alphabetically, to provide you with sufficient information to explore the laws further as they apply to your specific type of business model.
Some final notes before we hit the “A” list. Virtually every state requires that you register to do business. There are exemptions, sometimes specifically delineated in the laws and regulations, but those exemptions are not always crystal clear and are sometimes as murky as the Mississippi delta. The penalties vary for failing to register, which failure can on occasion be rectified if and when it is discovered. Note, however, that if you are doing a fair amount of business in any particular state, it is probably best to register. It is generally a fairly simply process, although the procedures and costs vary dramatically across the country. Despite the title of this series (which just seemed too good to pass up) those procedures are beyond the scope of these articles but are in fact fairly simple and often do not require the assistance of an attorney. Similarly, the new disclosure laws are complex (and in a state of flux) and will be dealt with in a separate set of articles.
Finally, this article does not discuss whether or not a lender or broker might need a general business license, separate from any type of specific lending license, to enable it to lawfully conduct business in a state, county, or city. That, similar to the registration laws, is a subject for another day.
1) ALABAMA: Under the Alabama Small Loan Act, Ala. Code 5-18-4(a), a license is required for anyone in the business of lending amounts of less than $1500. Anyone who makes such loans without a license is guilty of a misdemeanor. I imagine this does not apply to most commercial transactions, which typically involve much more than $1500.
Alabama Small Loan Act (2017)
https://www.banking.alabama.gov/pdf/Laws/Small_Loans_Act.pdf
2) ALASKA: A person may not engage in the business of making loans of money, credit, goods, or things in action in the amount or of a value of $25,000 or less and charge, contract for, or receive on the loan a greater rate of interest, discount, or consideration than the lender would be permitted by law to charge if the person were not a licensee under this chapter, without first obtaining a license from the department.
As is often the case, banks, savings and loans, trust companies, building and loan associations and credit unions are exempt for the licensing requirement.
Alaska Small Loans Act (2019)
https://law.justia.com/codes/alaska/2019/title-6/chapter-20/
3) ARIZONA: Like many other states, Arizona considers small loans, in this case those under $10,000, to be consumer loans, regardless of whether the money is used for personal or business purposes. There is an exemption in Arizona, however, for a “person who is not regularly engaged in the business of making consumer loans”.
Arizona Revised Statute 6-602(A)(3) (2021). Consumer lenders and brokers need licenses, and, as always, banks, saving and loans, credit unions, and the like are exempt. Seems unlikely that any commercial lender or loan broker will be “regularly engaged in the business of consumer loans”, so it would appear that a license is unnecessary.
There are Arizona laws requiring that you “register” with the superintendent if you are an “advance fee loan broker” making consumer loans (i.e. those under $10,000).
Arizona Revised Statute 6-1302 (2021)
Any person who acts as an advance fee loan broker shall register with the superintendent as provided in this chapter. A person who is not exempt under subsection B of this section and who advertises for, solicits or purports to be willing to make or procure a loan or extension of credit for an advance fee is presumed to be engaged in the business of an advance fee loan broker.
So, what is an “advance fee”?
Arizona Revised Statute 6-1301 (2021)
Advance fee" means a fee, interest or other consideration directly or indirectly received by a person prior to a loan of money or extension of credit or a commitment to loan money or extend credit being made by the person. Advance fees do not include the actual cost of charges paid to a third party which are incurred in making real estate loans secured in whole or in part by a mortgage deed of trust or other security instrument on real estate, including charges for a preliminary title search, title examination and report, title insurance premiums, property survey and appraisal fees.
It appears likely that these rules only apply to real property secured transactions, given the language of the rules, regulations, opinions and documents I have reviewed. It is also unlikely that this will be an issue if the transaction is commercial, for the “registration” instructions state that the “license” provided by registering authorizes “consumer loan brokering, consumer loan lending, private student loan lending, debt management/counseling and debt negotiation”. It does not mention commercial transactions. But if your transaction is under $10,000, and deemed a “consumer loan”, and you take what is clearly an advance fee, you should consider registration. The process is fairly inexpensive and simple. Here’s the link:
https://nationwidelicensingsystem.org/slr/PublishedStateDocuments/AZ_
Advance_Fee_Loan_Broker_License-New-App-Checklist.pdf
Arizona Revised Statutes (2021)
https://www.azleg.gov/arsDetail/?title=6#:~:text=Article%201-,Mortgage%20Brokers,Noncompliance%20not%20to%20affect%20validity%20of%20loan,-Chapter%2010
4) ARKANSAS: Interestingly, Arkansas defines “advance fee” broadly as ‘‘any consideration which is assessed or collected prior to the closing of a loan by a loan broker.’’ Arkansas Code Annotate § 23-39-401(2019) (emphasis added). However, that statute is nestled in a series of laws relating to “Mortgage Loan Companies and Loan Brokers”. Query whether the word “mortgage” modifies “loan companies”, “loan brokers”, or both. If the latter, this is a mortgage loan statute with no application to personal property loans. Even if it more broadly interpreted to relate to personal property/equipment loans, one significant exemption is found in §23-39-401(5)(B)(iii) which exempts “a person extending or arranging credit, or offering to extend or arrange credit, to a partnership or corporation exclusively for commercial of business purposes.
I have read and re-read these statutes, conducted a few hours of online research, and spoken with several individuals in various departments in the Arkansas government, and not a single person knew anything about this. I believe that in all likelihood the advance fee statutes pertain to real estate loans only, and, further that no license is required in this state to make or broker personal property or unsecured loans. However, if anyone has any different information about the laws in Arkansas, I would appreciate it if you would let me know.
Arkansas Mortgage Loan Companies and Loan Brokers Laws (2019):
https://law.justia.com/codes/arkansas/2019/title-23/subtitle-2/chapter-39/
5) CALIFORNIA: Pursuant to the California Financing Law, Ca. Fin. Code §22000 et seq., a license is required for lenders and brokers making and/or brokering consumer and commercial loans. There are the usual exemptions for state and federally chartered banks, trust companies, insurance premium finance agencies, savings and loans, credit unions and the like. There are also exceptions for bona fide (true) leases, which do not require a license for the lessor. There are other exemptions for companies that make or broker five or fewer loans in a twelve-month period if the loans are “incidental to the business of the person” making the loan (which I interpret to mean that the exemption is not available to a company that is in the business of finance), and anyone can make or broker one loan in any given twelve-month period, incidental or not. Fin. Code §§22050(e) and 22050.5(a).
California Financing Law (2020):
https://law.justia.com/codes/california/2020/code-fin/division-9/
CFL application form and instructions:
https://dfpi.ca.gov/wp-content/uploads/sites/337/forms/cfl/DFPI-CFL-1422.pdf
California has a fairly comprehensive scheme exempting pure referral sources from any licensing requirements as long as the referral source and the actual lender adhere to a strict set of guidelines. Fin. Code §22602(a) et seq.
Referral Law Statutes (2020):
https://law.justia.com/codes/california/2020/code-fin/division-9/chapter-3/article-3/section-22602/
https://law.justia.com/codes/california/2020/code-fin/division-9/chapter-3/article-3/section-22603/
https://law.justia.com/codes/california/2020/code-fin/division-9/chapter-3/article-3/section-22604/
In addition, you should be aware of the new California disclosure statutes, which are still being finalized by the DFPI, but should become effective by 2022.
California Disclosure Statutes (2020): (Note: For reference only. These regulations are still being fine-tuned.)
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1235
My next article will address the licensing laws in Colorado, Connecticut, Delaware, Florida and Georgia.
Ken Greene
Law Office of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com
https://leasingnews.org/Advisory%20Board/Greene_Law.htm
This article is presented by the Law Office of Kenneth Charles Greene. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Office of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene, is strictly prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.
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Help Wanted Ads
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Measure More Than Revenue
By Steve Chriest
When evaluating sales performance, companies typically use a single metric: revenue booked against plan. While revenue results will tell you how well you have done in the last period, they cannot predict how well you will do in the future. Even if you are accomplishing all of your sales goals, revenue numbers will not tell you how prepared your sales organization is to adapt to market or economic changes. If you find yourself behind forecast, relying solely on revenue numbers to evaluate performance, you are forced to take short-term steps to make up lost revenue.
What can you do to more accurately assess sales performance and ensure sales organization agility? Not only can you measure the past (e.g., booked revenue), you can also measure the future. In any business there are activities which can be measured that lead to predictable future performance. There are no formulas for which activities to measure or what values to expect; they vary by business.
Thinking about your strategic goals and objectives, processes and marketplace help you decide which leading indicators to measure. Some areas to consider for measurement are:
Marketing Campaigns -- Are your marketing campaigns bringing in the right leads?
Processes -- Do you have management processes and templates to manage and adjust sales activities?
Funnel Management -- Do you have a sales funnel process with clear rules and metrics for moving sales accurately through your sales funnel?
Corporate Sales Culture -- Does every department in your business help close sales in a measurable way?
Personnel Potential -- Do you have the right people in the right jobs using the right tools to meet your future business needs?
Measuring these areas can improve the likelihood of meeting revenue goals. There are many others. Deciding which ones and what values to measure must be done carefully; it is a challenge for any company.
About the author: Steve Chriest is the founder of Selling UpTM (www.selling-up.com), a sales consulting firm specializing in sales improvement for organizations of all types and sizes in a variety of industries. He is also the author of Selling the E-Suite, The Proven System for Reaching and Selling Senior Executives and Five Minute Financial Analyst, Basic CREDIT & Analysis Tools for Non-Accountants. He was the CEO of a very successful leasing company and executive at a major company. You can reach Steve at schriest@sbcglobal.net
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Companies who utilize Evergreen Clauses
for Extra Lease Payments
ACC Capital, Midvale, Utah
De Lage Landen, Wayne, Pennsylvania
IFC Credit, Morton Grove, Illinois
Jules and Associates, Los Angeles, California
LEAF Financial Group, Philadelphia, Pennsylvania
Marlin Business Leasing, Mount Laurel, New Jersey
Marquette Equipment Finance, Midvale, Utah
Mazuma Capital Corporation, Draper, Utah
Onset Financial, South Jordan, Utah
Pacific Western Equipment Finance, Cottonwood Heights, Utah
Partners Capital Group, Santa Ana, California
Republic Bank, Bountiful, Utah
Tetra Financial Group, Salt Lake City, Utah
Winthrop Resources, Minnetonka, Minnesota
Full List:
http://leasingnews.org/Pages/lease_expiration_evergreen_badguys.html
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ABS Tag and Title Partners with
National Vehicle Leasing Association
ABS Tag and Title, Nashville, Tennessee has partnered with the NVLA to assist their members with their title and registration needs in all 50 states and 1,400 jurisdictions. Boasting 30 years in the title and registration industry, ABS services include title and registration, duplicate titles, renewals, repo titles, lien perfections, state transfers, title corrections, title storage and additional services such as Out of Stock Vehicle Locating, Motor Carrier Services. ABS has partnered with NVLA to assist members with their title and registration needs.
“With a complete line of fleet management solutions, we oversee all the details from vehicle title and registration, renewals, duplicate titles, out of stock vehicle locating and so much more. We pride ourselves on fast turn-around times, our expertise and our accurate & reliable processes."
ABS Tag and Title covers all 50 states, 1400 jurisdictions, with 125 staff members.
NVLA declares, "Now members can now focus on their core business and their team of experts will handle the rest of the details that keep the fleet compliant and on the road."
https://abstagtitle.com/
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Top Ten Leasing News
June 22 to June 24
(Most Read the Prior Week)
(1) Father to Son on Father’s Day
Cartoon
https://leasingnews.org/archives/Jun2021/06_22.htm#father
(2) Anthony Bourdain
"Everything Important I ever Learned…"
https://leasingnews.org/archives/Jun2021/06_24.htm#bourdain
(3) New Hires/Promotions in the Leasing Business
and Related Industries
https://leasingnews.org/archives/Jun2021/06_24.htm#hires
(4) The 2021 Most ‘American-made’ Auto
is a First-timer in the Top Spot
https://leasingnews.org/archives/Jun2021/06_24.htm#auto
(5) Here Are the Companies Rushing Workers Back
to the Office — and the Ones that Aren't
https://www.cnn.com/2021/06/19/business/return-to-office-company-policies/index.html
(6) U.S. Housing Market
By Sam Khater, Vice President and Chief Economist,
Economic & Housing Research, Freddie Mac
https://leasingnews.org/archives/Jun2021/06_22.htm#housing
(7) ELFA Reports New Business Down 17%
From April, 2021 to May, 2021
https://leasingnews.org/archives/Jun2021/06_24.htm#elfa
(8) Leasing Companies Offer Flexibility
in Booming Truck Market
https://www.fleetowner.com/equipment/article/21167334/leasing-companies-offer-flexibility-in-booming-truck-market
(9) Cargo Is Piling Up Everywhere,
And It's Making Inflation Worse
https://www.npr.org/2021/06/21/1007938067/cargo-is-piling-up-everywhere-and-its-making-inflation-worse
(10) American workers don't want to go back to normal,
and that makes sense
https://www.cnn.com/2021/06/22/economy/job-shortage-workers/index.html
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Target will top $18 billion in US ecommerce sales this year
Since 2019, its online sales have surged nearly 175%
Target’s recent ecommerce growth is nothing short of extraordinary. This year, its US ecommerce sales will reach $18.64 billion—almost as much as all its US ecommerce sales from 2016 to 2019 combined.
The company’s “Omnichannel Services” are a key force behind this acceleration, and its same-day services, in particular, have played an integral role. During Target’s Q1 2021 earnings call, CEO Brian Cornell said more than 95% of the quarter’s sales—both online and offline—were driven by the brick-and-mortar stores.
Curbside pickup is another service that’s been a major driver of growth. As a share of digital sales, curbside pickup sales increased by more than 600% in Q1 compared with the same quarter in 2019, according to the earnings call. The company said it would continue to invest and expand on this service?.
Overall, the retailer is constantly looking for ways to not only bolster sales, but also make the shopping experience more convenient for its customers. Recently, Target announced plans to make adult beverages available through its pickup options at more than 1,200 of its stores by the end of Q2. Adult beverages will also be available for same-day delivery in over 600 stores across the country where local laws allow.
Cindy Liu, eMarketer Director, said, “Adult beverages are one of the fastest-growing online categories for the company.
“Offering alcohol through these services is a natural next step for Target, since it’s clear that its customers love the convenience of curbside pickup and same-day delivery. This also brings Target’s services up to par with those of Walmart, which has offered curbside alcohol pickup since 2019.”
With its online sales growing 12.5% in 2021, Target will climb the rankings to claim the No. 6 spot in our top 10 US retailers list.
“In 2019, Target barely cracked the top 10,” Liu said. “Its growth over the past year is remarkable and further proof that its store-based fulfillment model is working.”
Source: eMarketerDaily.com
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Labrador Retriever/Mixed
Seattle, Washington Adopt-a-Dog
Farley Syd
Male
Black with white
5 Years Old
55 lbs.
Short Coat
Neutered
Good with dogs
Good with kids
Good with adults: All
My name is Farley Syd from Mexico and I am a wonderful 5 year old Male Labrador Retriever Mix. I am 55 lbs. sweet, energetic fun and playful dog and would do best with an active family. Mexico is so overloaded with dogs roaming all over. I am so lucky to get a one way ticket to come to Seattle to find a new forever home! Take me on car rides, walks in the park and I will become your very best friend. I get along well with people of all ages, gentle kids, other dogs but have not been around cats before. I will do best in a home with a loving family that can give me lots of exercise, love and affection! Our pet rescue dog trainer would be happy to come to your home and help train with your new dog for only $75 and this is highly recommended. My adoption fee of $695 covers Spay/Neuter, DA2PP shots, Rabies, Bordetella, Deworm, Heart Worm Test, Grooming, Microchip, Boarding Fees, Health Certificate, and transport cost from MEXICO to SEA TTLE. The adoption fee is firm and helps cover the medical expenses of our other rescue dogs in need. Donations are always appreciated to help us pay down our vet bills at Greenwood Vet. Ginger's Pet Rescue is a nonprofit 501 C 3.
APPLICATION
https://www.gingerspetrescue.org/wp-content/uploads/2021/03/2021-JAN-GPR-Application-to-Adopt21-Fillable.pdf
Ginger's pet rescue
Seattle, WA 98118
sian@gingerspetrescue.org
Phone: (484) 695-2057
http://gingerspetrescue.org
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The 2021 AACFB Annual Conference will take place at the Grand Hyatt in Nashville, TN this September 8-10 and we can't wait!
The Grand Hyatt just opened in late 2020 and it is the epitome of style and luxury in the perfect downtown Nashville location, within walking distance of the Gulch and Midtown.
AACFB has secured an amazing group rate of only $175 per night during the conference. Regular rates during the event are over $300 per night so we encourage everyone to book their hotel rooms early to lock in the AACFB group rate. This rate will not be available once the room block is full!
Book Now:
https://www.youtube.com/watch?v=IMjWoyiKVdg
Click here to watch a video tour of this stunning hotel:
https://www.youtube.com/watch?v=IMjWoyiKVdg
Register Now (also see Select Programs)
https://members.aacfb.org/AACFBMembers/Events/Event_Display.aspx?EventKey=ac21
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This Day in History
1451 - An eclipse occurred that allegedly prevented the outbreak of war between the Mohawk and the Seneca Indians.
1687 - The first Knighthood conferred on a person born in America was awarded at Windsor Castle, England, by King James II to William Phips (Phipps), for his fair distribution of 34 tons of silver, gold, and jewels valued at $1,350,000 that he salvaged from a sunken Spanish ship that had lain in the sea near the Bahamas Islands for 44 years. Phips was born on February 2, 1651, at Pemaquid (now Bristol), ME.
1745 – A New England colonial army, aided by a British fleet, captured the French fortifications at Louisbourg, the capital of the French province of Ile-Royale (present-day Cape Breton Island) during the War of Austrian Succession, known as King George’s War in the British colonies.
1770 - Quakers open school for Blacks in Philadelphia.
1776 - Jefferson's document was placed before the Congress after some minor changes by Adams and Franklin. This event was immortalized in the painting by John Trumball.
1776 - Colonists repulsed a British sea attack on Charleston, South Carolina.
1776 - Thomas Hickey, Continental Army private and bodyguard to General Washington, was hanged for mutiny and sedition.
1778 - "Molly Pitcher," Mary Ludwig Hays McCauley, wife of an American artilleryman, carried water to the soldiers during the Revolutionary War Battle of Monmouth, N.J. and, supposedly, took her husband's place at his gun after he is overcome with heat.
1778 - History records the first Revolutionary War conflict in which American and British troops met on equal terms was the Battle of Monmouth Courthouse, Freehold, NJ. The Americans under General George Washington lost 69 killed and 160 wounded. The British under Sir Henry Clinton lost 300 killed and 100 wounded or captured. The Battle of Monmouth in central New Jersey was fought in sweltering heat. The temperature was 96 degrees in the shade and there were more casualties from the heat than from bullets.
http://users.rcn.com/gvalis/ggv/battles/Monmouth.html
1812 - After much debate in Congress between “hawks” such as Henry Clay and John Calhoun, and “doves” such as John Randolph, Congress issued a declaration of war on Great Britain. The action was prompted by Britain's violation of America's rights on the high seas and British incitement of Indian warfare on the frontier. War was seen by some as a way to acquire Florida and Canada. The hostilities ended with the signing of Treaty of Ghent on December 24, 1814, at Ghent, Belgium.
1846 – Adolph Saxe of Belgium patented the saxophone.
1855 – Sigma Chi fraternity was founded at Miami University of Ohio, by members who split from the Delta Kappa Epsilon fraternity.
1862 - The siege of the Confederate city of Vicksburg, MS, began in earnest when Admiral David Farragut succeeded in taking a fleet past the Mississippi River stronghold.
http://battlefieldvacations.com/miss/vicksb.asp
http://www.nps.gov/vick/vcmpgn/siege.htm
http://www.proseandphotos.com/vicksburg,_ms.htm
http://www.henry.k12.ga.us/pges/kid-pages/cw/farragut.html
http://bulldog2.berwick-academy.so-berwick.pvt.k12.me.us/projects/
history/David_Farragut.html
http://www.us-civilwar.com/farragut.htm
(He is best remembered as being the Union's only Admiral and for saying “Damn the torpedoes. Full speed ahead.” In those days, by the way, a torpedo was a mine in the water. To halt ships’ entrance in the water, especially around harbors, floating mines or tied to a chain were very commonly deployed).
1865 – Following the Confederacy surrender to Gen, Grant, the Union Army of the Potomac disbanded. After Gettysburg, corps were added and subtracted from the Army, reassigned on a need basis to other divisions. The last corps were two divisions of the Cavalry Corps that transferred in August 1864 to Maj. Gen. Sheridan’s Army of the Shenandoah, and the Army of the Potomac’s 2nd Division alone remained under Gen. Meade's command. On March 26, 1865, that division was also assigned to Sheridan for the closing campaigns of the war.
1888 - Robert Louis Stevenson leaves San Francisco on his first voyage to the South Seas.
1894 – Labor Day became an official holiday.
1902 - Birthday of songwriter Richard Rodgers (d. 1979), New York City, NY. An American composer of music with over 900 songs and 43 Broadway musicals, he left a legacy as one of the most significant composers of 20th-century American music. He is best known for his songwriting partnerships with the lyricists Lorenz hart and Ocsar Hammerstein II. His compositions have had a significant impact on popular music. Rodgers was the first person to win what are considered the top American entertainment awards in television, recording, movies and Broadway – an Emmy, Grammy, Oscar and Tony — now known collectively as an EGOT. In addition, he was awarded a Pulitzer Prize, making him one of only two people to receive all five awards (Marvin Hamlisch is the other).
http://home.istar.ca/~townsend/_private/composer/rodgers.htm
http://www.nodanw.com/biographies/rodgers_hart.htm
http://www.kennedy-center.org/programs/specialevents/honors/
history/honoree/rodgers.html
1902 - The Isthmian Canal Act was passed by Congress. It authorized financing and building of a canal across the Isthmus of Panama and authorized an alternative route across Nicaragua in the event the president could not obtain a concession from the Panama Canal Company of France (which he eventually did for $40,000,000) and negotiate a proper treaty with Colombia. Treaty difficulties were obviated by the successful rebellion and separation of Panama from Colombia in November, 1903. The new republic immediately granted a ten-mile-wide strip of land for the canal.
1907 - Birthday of composer-arranger Jimmy Mundy (d. 1983), Cincinnati, Ohio.
http://www.centrohd.com/biogra/m2/jimmy_mundy_b.htm
http://www.loc.gov/rr/perform/basiestocks.html
(he boasted a book of 70 Basie arrangements)
1909 - Eric Ambler (d. 1998) was born in London, England. Author, widely regarded, with Somerset Maugham & Graham Greene, as a pioneer of espionage and crime fiction. Used the pseudonym Eliot Reed on four novels written with Charles Rodda. 1964 Edgar winner, later named a Grand Master by the Mystery Writers of America. Wrote a series of great spy novels. One of my favorites, so he gets listed here.
http://www.kirjasto.sci.fi/eamber.htm
1914 - Archduke Ferdinand of Austria and his wife Sofia were assassinated in Sarajevo by a Bosnian Serb, setting off a chain of events that lead to World War I.
http://memory.loc.gov/ammem/today/jun28.html
1914 - Birthday of bluegrass musician and singer Lester Flatt (d. 1979), born in Overton County, Tennessee. Flatt, his partner Earl Scruggs and their band, the Foggy Mountain Boys, did more than any other group to bring bluegrass music to the attention of the mass audience in the 1960's. Flatt and Scruggs' "The Ballad of Jed Clampett" from "The Beverly Hillbillies" TV show was a hit in 1962. Their recording of "Foggy Mountain Breakdown," which they had originally waxed in 1949, reached the Billboard Hot 100 chart in 1968 after it was used in the film "Bonnie and Clyde." When Lester Flatt and Earl Scruggs' musical partnership ended in 1969, they had been together for more than 20 years.
1922 - Birthday of Dean Benedetti (d. 1957), Ogden, Utah. Saxophone player best known for amateur live recordings he made of fellow saxophonist Charlie Parker.
http://www.mosaicrecords.com/DisplaySelectionDetail.asp?SelectionID=1
http://jazzinstituteofchicago.org/index.asp?target=/jazzgram/people/benedetti.asp
http://www.grafik-tips.org/weblog/texte/bird.html
http://www.kyushu-ns.ac.jp/~allan/Documents/CP_S_48-50.html
1923 - Birthday of trumpet player Pete Condoli, born Walter Joseph Candoli (d. 2008), Mishawaka, IN.
http://www.srirecords.com/condoli.html
1924 - A massive F4 tornado hit Sandusky, Ohio, moved across Lake Erie, and then tore through Lorain, Ohio. 85 people killed and total damage was $12.5 million.
1925 - Birthday of George Morgan (d. 1975), one of country music's earliest crooners, born in Waverly, Tennessee. He was the writer and singer of "Candy Kisses," the biggest country song of 1949. Morgan's recording went to number one and sold a million copies, while a cover version by Elton Britt was number three on the country chart. Morgan's smooth, easy style was featured on such early '50s country hits as "Room Full of Roses," "Cry Baby Heart" and "I'm in Love Again." He died of a heart attack in July 1975 just as his career was beginning to rebound.
1928 - Louis Armstrong records the classic, “West End Blues,” (Okey 87597)
http://www.libertyhall.com/stamp/westend.html
http://www.pbs.org/jazz/biography/artist_id_armstrong_louis.htm
1940 - Congress approved the Alien Registration Act. During the period from August 27, 1940 to December 26, 1940, the number of non-citizens who registered was 4,741,971.
1944 - "The Alan Young Show" debuted on NBC radio. It was a summer replacement for the popular Eddie Cantor. The show became a regular in the fall NBC lineup. Young, incidentally, made the switch to TV in 1961. He became a CBS star with a talking horse, of course, of course, named "Mister Ed."
http://www.mister-ed.tv/Alan%20Young's%20Bio.htm
http://www.colemanzone.com/Time_Machine_Project/filby.htm
1949 - All 12 of the women who were the first to be admitted to Harvard Medical School in 1945 (YES, 1945 and then only because there weren't enough young men around because of World War II enlistments), graduated, two as cum laude. None flunked out as predicted and the walls did not tumble in, nor was the future of the medical profession irreparably harmed.
1948 - No. 1 Billboard Pop Hit: "Woody Wood-Pecker," Kay Kyser Orchestra. The song tops the Billboard singles chart for six weeks and sells more than 1 million copies.
1951 - “Amos and Andy” premiered on TV; based on the popular radio show about black characters played by white dialecticians Freeman Gosden and Charles Correll. It became the first dramatic series with an all-black cast to appear on television. The cast included Tim Moore, Spencer Williams, Alvin Childress, Ernestine Wade, Amanda Randolph, Johnny Lee, Nick O'Demus and Jester Hairston. The series was widely syndicated until pressure from civil rights groups, who claimed the show was stereotypical and prejudicial, caused CBS to withdraw it from syndication. Today, it is considered derogatory and re-runs are rare. It was one of the most popular radio and television shows of all time.
1955 - Top Hits
“Cherry Pink and Apple Blossom White” - Perez Prado
“Rock Around the Clock” - Bill Haley & His Comets
“Unchained Melody” - Al Hibler
“Live Fast, Love Hard, Die Young” - Faron Young
1960 - Birthday of Denver Bronco quarterback John Albert Elway, Port Angeles, WA.
1963 - Top Hits
“Sukiyaki” - Kyu Sakamoto
“Blue on Blue” - Bobby Vinton
“Those Lazy-Hazy-Crazy Days of Summer” - Nat King Cole
“Act Naturally” - Buck Owens
1964 - No. 1 Billboard Pop Hit: "I Get Around," The Beach Boys.
1965 - Dick Clark's Rock and Roll TV show, “Where the Action Is,” premieres on ABC-TV. Guests include Jan and Dean, Dee Dee Sharp and newcomers Paul Revere and The Raiders, who steal the show with their stage antics and Revolutionary War costumes.
1968 - President Lyndon B. Johnson approved Public Law 90-363, which amended section 6103(a) of title 5, United States Code, establishing Monday observance of Washington's Birthday, Memorial Day, Labor Day, Columbus Day and Veterans Day. The new holiday law took effect Jan 1,1971. Veterans Day observance subsequently reverted to its former observance date, Nov 11.
1968 - The Rascals claim gold record number three for their hit, "A Beautiful Morning."
1968 - SANTIAGO-COLON, HECTOR, Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile). Place and date: Quang Tri Province, Republic of Vietnam, 28 June 1968. Entered service at: New York, N.Y. Born: 20 December 1942, Salinas, Puerto Rico. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sp4c. Santiago-Colon distinguished himself at the cost of his life while serving as a gunner in the mortar platoon of Company B. While serving as a perimeter sentry, Sp4c. Santiago-Colon heard distinct movement in the heavily wooded area to his front and flanks. Immediately he alerted his fellow sentries in the area to move to their foxholes and remain alert for any enemy probing forces. From the wooded area around his position heavy enemy automatic weapons and small-arms fire suddenly broke out, but extreme darkness rendered difficult the precise location and identification of the hostile force. Only the muzzle flashes from enemy weapons indicated their position. Sp4c. Santiago-Colon and the other members of his position immediately began to repel the attackers, utilizing hand grenades, antipersonnel mines and small-arms fire. Due to the heavy volume of enemy fire and exploding grenades around them, a North Vietnamese soldier was able to crawl, undetected, to their position. Suddenly, the enemy soldier lobbed a hand grenade into Sp4c. Santiago-Colon's foxhole. Realizing that there was no time to throw the grenade out of his position, Sp4c. Santiago-Colon retrieved the grenade, tucked it in to his stomach and, turning away from his comrades, absorbed the full impact of the blast. His heroic self-sacrifice saved the lives of those who occupied the foxhole with him, and provided them with the inspiration to continue fighting until they had forced the enemy to retreat from the perimeter. By his gallantry at the cost of his life and in the highest traditions of the military service, Sp4c. Santiago-Colon has reflected great credit upon himself, his unit, and the U.S. Army.
1971 - The Supreme Court voted 8-0 to overturn the 1967 conviction of Muhammad Ali for draft evasion. The World Champ had has his title stripped for refusing to participate in the View Nam war, declaring himself a conscientious objector.
1971 - Top Hits
“It's Too Late/I Feel the Earth Move” - Carole King
“Indian Reservation” - Raiders
“Treat Her Like a Lady” - Cornelius Brothers & Sister Rose
“When You're Hot, You're Hot” - Jerry Reed
1974 - Birthday of Karim Abdul-Jabbar, born Sharman Shah, Los Angeles, CA. Not to confused with NBA Hall of Famer of the same name who was born Lewis Ferdinand Alcindor.
1974 - No. 1 Billboard Pop Hit: "Sundown," Gordon Lightfoot.
1975 - Lee Trevino and two other golfers are struck by lightning at the Western Open golf tournament in Oak Brook, IL.
1976 - One hundred, fifty-seven women cadets reported for training at U.S. Air Force Academy, Colorado Springs, Colorado. 1,200 women applied. In May, 1980, 98 of the original 157 graduated. For the women's personal training, the Air Force only supplemented the male staff with regular Army women officers for the first year and then demanded the women train their lower classmates in protocol, etc., while the male cadets continued to have professional instructors.
1978 - The concept of racial quotas came under fire when the Supreme Court ruled, in the case of Bakke v. the University of California, that the university had to admit Allan P. Bakke to its medical school. Bakke, who was white, claimed his civil rights had been violated when he was refused admission because of racial quotas designed to increase the number of minority students in the medical school.
1979 - Top Hits
“Hot Stuff” - Donna Summer
“Ring My Bell” - Anita Ward
“The Logical Song” - Supertramp
“Nobody Likes Sad Songs” - Ronnie Milsap
1980 - The temperature at Wichita Falls, TX, soared to 117 degrees, their hottest reading of record. Daily highs were 110 degrees or above between the 24th of June and the 3rd of July.
1981 - "Variety," the movieland trade paper, reported that the biggest single weekend in box-office history saw American moviegoers spending a blockbusting $56,101,095 at the box office. The popular movies bringing in the bucks were "Superman II" with Christopher Reeve, "Raiders of the Lost Ark" with Harrison Ford and "The Great Muppet Caper" with Kermit the Frog and Miss Piggy.
1985 - Route 66, the 59-year-old highway of 2,200 miles of blacktop, was decertified as a U.S. highway. The highway that was a legendary part of Americana saw highway crews removing the classic roadway shield-markers that designated it as the highway west. Route 66 started in Chicago, Illinois and continued into Santa Monica, California. To travel from one end of Route 66 to the other, one would go through eight states and three time zones. Bobby Troup, writer of the lyrics for the song of the same name, was disappointed.
http://www.emergencyfans.com/people/bobby_troup.htm
1986 - Don Sutton of the California Angeles and Phil Niekro of the Cleveland Indians became the first pair of 300-game winners in the 20th century to start against each other. The Angels scored six runs in the bottom of the eighth inning to win the game, 9-3. Neither starter figured in the decision.
1987 - Top Hits
“I Wanna Dance with Somebody” (“Who Loves Me”) - Whitney Houston
“In Too Deep” - Genesis
“Alone” - Heart
“Forever and Ever, Amen” - Randy Travis
1988 - Founder Berry Gordy Jr. sold Motown Records to MCA Records and Boston Ventures, an investment firm, for $61 million.
1992 - A very strong earthquake shook the high desert of Southern California at 4:57 a.m. The M7.3 earthquake was centered on the eastern side of the San Bernardino Mountains near the town of Landers. The quake was the largest to strike California since the Kern County M7.7 earthquake in 1952. Vigorous rocking and rolling were felt 100 miles away in L.A. and the quake was felt as far away as Central California and Las Vegas, Nevada. Property damage: $56 million, including collapsed buildings, ruptured utility lines and widespread nonstructural damage. Human toll: One killed, 25 seriously injured, 372 treated for some sort of earthquake-related injuries, millions awakened with nightmares for weeks.
1992 - A slow-moving tropical depression produced excessive rains across southwest Florida. Four-day totals, ending on the 28th, ranged up to 25 inches in the Venice area, with a general 8 to 14 inches over Sarasota and Manatee counties. Two deaths resulted from the flooding.
1994 - The Environmental Protection Agency announced it would begin experimenting with a UV (ultraviolet) Index, “To enhance public awareness of the effects of overexposure to the sun's ultraviolet rays, and to provide the public with actions they can take to reduce harmful effects of overexposure, which may include skin cancer, cataracts and immune suppression.”
1996 - Darryl Strawberry's 300th career round-tripper is a dramatic ninth inning, two-run dinger which gives the Yankees a come-from-behind 3-2 win over the Royals.
1997 - In a fight for the WBA heavyweight championship in Las Vegas, challenger Mike Tyson was disqualified in the third round by referee Mills Lane for twice biting the ear of champion Evander Holyfield. After the fight, Tyson claimed the he had been upset that Holyfield head-butted him in the second round. The bites, which precipitated a near-riot in and about the ring, were an attempt at retaliation. On July 9, the Nevada Boxing Commission fined Tyson $3 million and revoked his boxing license.
2000 - The Rockies draw their 20 millionth fan to one ballpark faster than any other team in Major League history. Taking less than six years, Colorado eclipses the Dodgers' mark of taking nine years in two stadiums to reach the milestone.
2004 - Sovereign power was handed to the interim government of Iraq by the Coalition Provisional Authority, ending the U.S.-led rule of that nation.
2014 – President Obama requested $2 billion for emergency measures to address illegal immigration and enhance security at the Mexican border; thousands of children have been caught in the last eight months at the border without adults.
2015 – A SpaceX cargo rocket exploded shortly after launch; it was carrying over two tons of food, supplies and equipment for the International Space Station.
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