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EFD Marketing Specialist
Walnut Creek, CA

You will serve as a liaison between the department’s equipment leasing brokers and internal staff. Requires a BA or 3 years of relevant experience. CLICK HERE for a detailed description and resume submission

Monday, June 25, 2007


Classified Ads---Sales
    Paul Menzel, CLP: “I didn’t lie”
        Placard---Sic Friatur Crustulum
Tuesday, June 26 UAEL St. Louis
    Other meeting/events dates open to all
        Top Stories--June 18-June 22
    Cartoon---Meet the Press
Classified Ads---Help Wanted
    Leasing 102 --by Mr. Terry Winders, CLP
    "Software leasing and the UCC"
        AT&T Stores Prepare Mad Rush"iPhone Day"
Yahoo is fighting back
    CIT and Care Investment Trust
        Fed to hold interest rate steady
News Briefs---
    You May have Missed---
        California Nuts Brief---
Sports Briefs---
    "Gimme that Wine"
        Calendar Events
Snapple Real Facts
    Today's Top Event in History
        This Day in American History
Baseball Poem
        Daily Puzzle

######## surrounding the article denotes it is a “press release”



Classified Ads---Sales

Atlanta, GA
Experienced/successful self-starter w/solid background & book of business general equipment & franchise finance/ vendor & direct.  Excellent communication, strong negotiation, biz development, ACT, HP19II, etc.
Copenhagen, Denmark
10 years of experience as VP Europe, Middle East and Africa for a US based Equipment Leasing Company. $500,000 plus w/ excellent connections European shipping lines/ maritime financing. Click here.
Montgomery, AL
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama.
Work with leasing company or broker.334-590-5133
Over 30 years of financing experience, resume posted at, phone 580-351-2531
Philadelphia, PA
25 years in Healthcare and seeking an opportunity to represent a lender for dental/medical funding in the Northeast to Mid-Atlantic states.
Stuart, FL area
Years of experience in leasing sales, credit, operations, documentation and syndication. Seeking position with direct middle market lender, equip. mfr or major equip. distributor. email:

If you are looking for a job or to “advance,” please consider a confidential free “job wanted” ad here:

Employers, for a full listing of all “job wanted” ads:



Paul Menzel, CLP: “I didn’t lie.”

by Christopher “Kit” Menkin

Leaf Financial purchased Pacific Bank Leasing for a “purchase price equal to 104.7643% of the Bank's net investment in the equipment lease assets. The aggregate purchase price is estimated to be approximately $280 million. 2. The sale of the Business is anticipated to close on June 22, 2007.”
The story in question as a rumor was printed on June 18th, with the SEC filing on June 19th, and what Mr. Paul Menzel, CLP, Senior Vice-President, Pacific Capital Bank, is commenting on concerns the story of June 20th which accused the Pacific Capital Public Relations person, Mr. Menzel and the staff of Mr. Crit DeMent, Lease Financial, for not telling the truth.

The June 20th story is accurate. All three parties did not tell the truth.

*Lie /laɪ/ Pronunciation Key - Show Spelled Pronunciation[lahy] Pronunciation Key - Show IPA Pronunciation noun, verb, lied, ly·ing.
–noun 1. a false statement made with deliberate intent to deceive; an intentional untruth; a falsehood.
2. something intended or serving to convey a false impression;
3. an inaccurate or false statement.

Mr. Menzel took exception to the article. In requesting time to contact the other two parties, he was adamant that his “side of the story” be told as soon as possible:

“I am telling you that when you asked me the deal had NOT been signed. You are publicly questioning my truthfulness and ethics. I take that very seriously and ask that you ‘clarify’ and/or issue a retraction of that those statements. You are splitting hairs throughout this ... I am not.

“I remain your friend and it is not about "friendship". It is about accurate reporting.”


Here in entirety and unedited is what Mr. Menzel requested Leasing News to print:

“I assume you are "needling" me about the release of information about the acquisition of our group by LEAF rather than accusing me of not being truthful and/or ethical. Just to make sure your readers do not misunderstand the circumstances or my personal ethics, I was truthful throughout your interview of me on the 19th. The definitive agreement was signed by all parties very late on the 19th. Until then a sale had not been consummated.

“You specifically asked me "Are the rumors that you have been sold to Leaf true?" I answered "absolutely not" since, in fact, the sale had not been consummated.

“Since PCB is a publicly traded company and LEAF is a sub of a publicly traded company, we are forbidden by SEC regulations to reveal any pending sale before a definitive agreement is signed, after which we are required to file an 8K with the SEC and can provide public press releases. It would be unethical on my part to violate these regulations, which I did not do.

“I also promised you in our phone conversation that you would be one of the first to know if and when a sale occurred. I, in fact, called your office and left you a voicemail message about the sale as the press release went out. I kept my promise to you.

“So I will continue to stand on my record of truthfulness and ethics.

“Now, as for your role in this ...

“I can only assume that while you sit on the beach in Cabo San Lucas while writing your column, that you are either suffering from sun stroke and/or have been enjoying the margaritas or tequila shots too much.

“Not only was I truthful and ethical, but you got the scoop!

“Lastly Kit ... by now you should know as a ‘journalist’ that how you ask your interview questions is critically important. If you had asked me, " Is the rumor true that you might be sold to LEAF?" then I would have had a real moral dilemma. Do I lie to Kit Menkin's Leasing News or do I violate SEC regulations? Fortunately I never had to face that dilemma.

“As you know, I have always enjoyed Leasing News and feel it is an important service to our industry. Thank you for the opportunity to respond to your beach chair journalism Kit. I trust you will publish
this response in its entirety. Lunch on me next time I am in the Bay Area. In the meantime, have a shot for me ...”


Paul Menzel, CLP

Paul J. Menzel, CLP
Senior Vice President
Community Lending Group
P.O. Box 60607
Santa Barbara, CA 93160-0607
1 South Los Carneros Road
Goleta, CA 93117
Dir Ph# (805)560-1650

(For the record, I put together the story together while on the plane to Cabo san Lucas; however, I will admit a Margarita may have improved it.

(The original telephone conversation with Mr. Menzel was not short and he was asked in several different manners the same question, as I knew from reliable sources the company was basically
“sold” to Leaf Financial, and as reported in the June 20th story the papers were being signed (a Leaf Financial staff told me as reported in the June 18th article.) I knew at the time during the interview he was not telling me the whole story and was trying not to divulge anything. Be that as it may, the definition of a lie is not telling the truth.* Paul would have been better off to say “no comment” or “ I can’t deny or confirm that,” or even better yet, as many ceo’s and presidents tell me, “Off the record
I can’t say anything now, but you will be the first to know, and I appreciate you holding off on any story right now.” Mr. Menzel denied that Pacific Capital Leasing was being sold to Leaf Financial,
part of Resource America (NASDAQ:REXI).

(Another fact: received the SNL copy of the filing before the after hours telephone voice mail message from Mr. Menzel, and the e-mail from Cit DeMent, CEO of Leaf Financial. Leasing News sent out the Pacific Capital press release from the notification. I had an “alert” set on Pacific Capital at SNL as I was told a while ago the Pacific Capital bank portfolio was for sale (and there is more to the story not divulged at this time.) 

(The date of the filling was Tuesday, June 19, and the time of the interview, in addition, the filing papers had to be signed early Tuesday to be filled that day, meaning they were also known about on Monday by all the parties, and admitted by a Leaf Financial staff person. In reality, the sale was to consummate on Friday, December 22nd, according to the SEC filing.

(It appeared to me the reason for the delay from Mr. Menzel was to have his boss Crit DeMent have their press release out first. Nothing wrong with that, except a “no comment” would have sufficed
than saying the rumor that Pacific Capital Leasing was for sale was not true.

(Paul, I am open for lunch either in Santa Barbara or Scoma’s in San Francisco when convenient for you. I hope you stay my friend. I am just doing my job, as I have done in the past, to try to live up to “Independent, unbiased and fair news about the Leasing industry.” This means writing about my friends, too, or people I like, but my main job here is to insure Leasing News stays independent, unbiased, and attempts to be as fair as possible, regardless if you are a friend or not.

Caught in a Lie





Tuesday, June 26 UAEL St. Louis Open to all, non-members invited

St. Louis Regional Gathering
Networking & Organizing Luncheon

Tuesday, June 26, 2007
12:00 PM - 1:00

1382 Clarkson
Ellisville, MO 63011
(636) 256-8585

New Region!

Take advantage of this opportunity to mingle and network with both fresh and familiar faces in UAEL's newest region, St. Louis, Missouri. At this meeting we will focus on both networking and organization for the region, while enjoying the great atmosphere and food of Chevy's Restaurant. This is a great opportunity not only for non-members interested in UAEL membership, but new and more seasoned members as well. Service Providers, brokers, and funders are all invited to participate in what UAEL hopes will be a great event and a successful region.

Attendee Cost

*Cost includes fajita bar and soft drinks

To register, go to the Event Section of the website or call the UAEL office,

Host Contact:

Jourdan Saegusa
Popular Leasing USA




Other meeting/events dates open to all, non-members invited

Calendar Dates
UAEL St. Louis Regional Gathering
UAEL Oregon Networking Regional Cocktail Reception Party
EAEL "Day at the Races"  Arlington Race Track, Chicago, IL
AZELA Diamondback's Baseball outing & summer meeting
EAEL Northeast Golf Outing, Bethpage Red Course, Farmingdale, NY
UAEL 5th Annual Southern California Anaheim Angels Night!
NAELB 2007 Western Regional Meeting - Costa Mesa, CA
EXPO Marriott Teaneck, NJ
NAELB 2007 Eastern Regional Meeting - Atlanta, GA
To view Leasing Association Conferences in 2007, please click here.




Top Stories--June 18-June 22

Here are the top ten stories most “opened” by readers last week:

(1) Rumor: Pacific Capital sold to LEAF Financial

(2) Caught in a lie

(3) Lease/Finance Calculators On Line

(4) FTC versus IFC Credit Corporation

(5) 10 reasons to call your clients this summer

(6) To Tell the Truth—by Mr. Terry Winders, CLP
Lessee Waiving Rights under UCC - 2A

(7) Wells Fargo/CIT's Construction Unit

(8) Sales makes it Happen—by Christopher “Kit” Menkin
“You become who you attract”

(9) FTC versus IFC Credit Corporation

(10) Super yacht Financing:
--Traditional Financing & Lease

Flash (for technical reason cannot include in top ten)
Rumor was True





Leasing Industry Help Wanted

EFD Marketing Specialist

EFD Marketing Specialist
Walnut Creek, CA

You will serve as a liaison between the department’s equipment leasing brokers and internal staff. Requires a BA or 3 years of relevant experience. CLICK HERE for a detailed description and resume submission



Leasing 102

by Mr. Terry Winders, CLP

“Software leasing and the UCC”

I have been asked on many occasions “how do I establish a lien on software to protect myself?” So with the help of Ken Weinberg of Marks and Weinberg, P.C. from Birmingham we researched the question and found that filing a UCC-1 lien is of little value because “software” is a general intangible which cannot technically be leased under the UCC.

Definition of Lease (Section 2A-103(1)(j))

"Lease" means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.

Definitions of Goods (Section 2A-103(1)(h) AND Section 9-102(a)(44)).

Article 2A defines goods as: “[A]all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.”

Article 9 defines goods as: “All things that are movable when a security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, to the extent such standing timber and cutting rights with respect thereto are considered as chattels under Section 35-4-363, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction

Definition of General Intangible (Section 9-102(a)(42))

Article 2A refers to the Article 9 definition, which defines “General Intangibles” as “any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment
property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.”


The value of a security interest in software, as a general intangible, is of somewhat dubious value since almost all license agreements contain language which forbids the licensee (i.e. the lessee or borrower) from pledging its rights under the license agreement. These provisions are commonly referred to as "anti-assignment provisions."

Section 9-408 of the UCC invalidates such anti-assignment provisions, thereby making the grant of a security interest technically valid. However, the very same section of the UCC also states that any such security interest is not enforceable against the licensor. The relevant language is below.

As a practical matter, this security interest therefore is of little financial value to the lessor. There could be a claim in money resulting from the sale or other disposition of the software as “Proceeds” of the security interest.

Except from 9-408 (note that the licensor is the “account debtor”)

“Limitation on ineffectiveness under subsections (a) and (c). To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (c) would be effective under law other than this article but is ineffective under subsection (a) or (c), the creation, attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:

(1) is not enforceable against the person obligated on the promissory note or the account debtor;

(2) does not impose a duty or obligation on the person obligated on the promissory note or the account debtor;

(3) does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party;

(4) does not entitle the secured party to use or assign the debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;

(5) does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and

(6) does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable, or general intangible.

(e) Section prevails over inconsistent law. This section prevails over any inconsistent provision of an existing or future statute, rule, or regulation of this State unless the provision is contained in a statute of this State, refers expressly to this section, and states that the provision prevails over this section.”

Mr. Terry Winders has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-327-8666.
He invites your questions and queries.



AT&T Stores Prepare for Mad Rush on "iPhone Day"

Official Retailer Bulks up Staff with 2,000 Temporary Employees June 22, 2007
AT&T has hired 2,000 temporary employees to help manage the influx of shoppers expected June 29 when Apple's iPhone goes on sale, reports. The No. 1 telecommunications company, which will be the exclusive service provider for the iPhone, said it is planning for enhanced security to help control crowds and prevent the theft of Apple's Wi-Fi-enabled cellphone at its roughly 1,800 stores in the first few months of distribution.

The employees "have already been hired and they have already begun working," said AT&T spokesman Michael Coe. Sales staff at AT&T stores said they expect to see consumers camping outside the night before The iPhone—which will sell for $499 and $599, depending on the model—has led to much anticipation among Apple fans, industry watchers and consumers.

AT&T and Apple both face high expectations for a smooth launch of the slim handset capable of playing videos and sorting voicemail in a manner similar to email.

Apple has raised public awareness of the iPhone through public appearances by CEO Steve Jobs at industry events, as well as through a high-profile advertising campaign.



Yahoo is fighting back

According to www.netapplications. com, "Yahoo is fighting back against Google's dominance in search, and is finally regaining some market share. In fact May 2007 results show Yahoo at 11.37% of worldwide search market share, up from 9.87% in April. Yahoo hasn't been at this level since October of 2006."

"So who took the loss to match Yahoo's gains? Google. Their US search engine has fallen from 53.38% in April of worldwide search market share down to 51.71% in May. The loss almost perfectly matches Yahoo's gain.


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

CIT and Care Investment Trust

NEW YORK –– CIT Group Inc. (NYSE: CIT), a leading global provider of commercial and consumer finance solutions, and Care Investment Trust Inc. (NYSE: CRE), a real estate investment and finance company, announced today the pricing of the initial public offering of 15,000,000 shares of Care Investment Trust at $15.00 per common share. Care Investment Trust has also granted the underwriters a 30-day option to purchase an additional 2,250,000 common shares from the Company to cover any over-allotments. Care Investment Trust is managed and advised by CIT Healthcare, a unit of CIT.

The net proceeds of the offering, after deducting underwriting discounts, commissions and expenses related to the offering, will be approximately $209.8 million (assuming the underwriters’ over allotment option is not exercised).

The shares of Care Investment Trust are scheduled to begin trading today, June 22, 2007, on the New York Stock Exchange under the ticker symbol “CRE.”

Credit Suisse and Merrill Lynch & Co. are serving as joint book-running managers. Banc of America Securities LLC, Bear Stearns & Co. Inc., UBS Investment Bank, Wachovia Securities, Piper Jaffray, RBC Capital Markets and Stifel Nicolaus are acting as co-managers.

A registration statement relating to these securities has been declared effective by the Securities and Exchange Commission. This press release shall not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction. The offering is being made solely by means of a prospectus.

Interested persons may obtain copies of the prospectus from Credit Suisse Securities (USA) LLC, One Madison Avenue, New York, NY 10010-3629, attention: Prospectus Department, or by calling 1-800-221-1037, or Merrill Lynch, Pierce, Fenner & Smith Incorporated, 4 World Financial Center, New York, NY 10080, attention: Prospectus Department (4th Floor), or by calling 1-866-500-5408.

About Care Investment Trust
Care Investment Trust Inc. is a real estate investment and finance company formed principally to invest in healthcare-related commercial mortgage debt and real estate. It is externally managed and advised by CIT Healthcare LLC, a wholly-owned subsidiary of CIT Group Inc.

About CIT Healthcare
CIT Healthcare offers a full spectrum of financing solutions and related strategic advisory services to companies across the healthcare industry throughout the United States. It meets the diverse commercial financing needs of U.S. healthcare providers.

About CIT
CIT Group Inc. (NYSE: CIT), a leading commercial and consumer finance company, provides clients with financing and leasing products and advisory services. Founded in 1908, CIT has approximately $80 billion in managed assets and possesses the financial resources, industry expertise and product knowledge to serve the needs of clients across approximately 30 industries worldwide. CIT, a Fortune 500 company and a member of the S&P 500 Index, holds leading positions in cash flow lending, vendor financing, factoring, equipment and transportation financing, Small Business Administration loans, and asset-based lending. With its global headquarters in New York City, CIT has approximately 7,500 employees in locations throughout North America, Europe, Latin America and Asia Pacific.


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

News Briefs----

Economy's pickup could mean Fed holds rates steady

Calif. wildfire destroys 50 homes resort area of Lake Tahoe

Wi-Fi Alliance(R) Begins Testing Next-Generation Wi-Fi Gear

2nd place a new world for Brian Williams

Foreign ATM fees catch travelers by surprise,0,4831140.

Mexico set to offer bidding on megaport in Baja California



You May have Missed---


San Francisco shows its true colors in annual celebration of LGBT people and those who love them -- drag queens, Dykes on Bikes strut their stuff on Market Street



Sports Briefs----

Former Giants closer Rod Beck found dead at 38

A Beaver repeat: Oregon State takes CWS

Montoya Gets New Label: NASCAR Winner



California Nuts Briefs---

Schwarzenegger makes surprise visit to Austrian hometown



“Gimme that Wine”

American wine-drinkers to out drink the French

Suisun vintners, growers debut co-op tasting room

Wines to Pair with Produce

Wine Prices by vintage
US/International Wine Events
Winery Atlas
Leasing News Wine & Spirits Page
The London International Vintners Exchange (Liv-ex) is an electronic exchange for fine wine.



Calendar Events This Day

Log Cabin day

National Catfish Day

Virginia Ratification Day

Saint feast Days



For every human being in the world there is approximately one chicken.

(looks like it is true: )



Today's Top Event in History

1876-Lieutenant Colonel George Armstrong Custer, leading military forces of more than 200 men, attacked an encampment of Sioux Indians led by Chiefs Sitting Bull and Crazy Horse near Little Bighorn River, MT. Custer and 264 men of the Seventh Calvary were slaughtered in the brief battle (about two hours) of Little Bighorn. One horse, named Comanche, is said to have been the only survivor among Custer’s forces. This brought more repression by both the US Army and Federal Government to the American Indians in the next fifty years. It was common to “ Remember Custer’s Last Stand.” It was common for military commanders to attack the Indians out-numbered with firepower and from three directions. It is said one of his units halted in the three prong attack, and the other reacted by holding back and not proceeding with the long proved strategy, allowing the Indians to “divide and conquer.” He was considered an American hero. It was not until present time that he was considered an egoist trying to build his reputation in the military (very common in that day, and perhaps until recent times.) Military historians find no errors in the strategy of the attack, except for the execution (This is from accounts from interviews with the Indians, including scouts who were dismissed before the attack and watched the battle, plus papers and diaries from the soldiers. Other historians believe he should have waited for reinforcements from General Alfred H. Terry, who discovered the bodies)


This Day in American History

    1630—Governor Winthrop introduced the fork to American dining.
The custom was to eat with your sharp knife or hands.
    1749 - A general fast was called on account of drought in Massachusetts. It was the year of the famous dry spring in which fields and villages burned.
    1788-Virginia became the 10th state to ratify the Constitution. Jamestown, was the first permanent English settlement in North America, The state, also known as Old Dominion, was named after the "Virgin Queen", Elizabeth I of England. Virginia and its capital, Richmond, have played major roles in American history. Like West Virginia, it names the cardinal as the state bird. The official state flower of Virginia is the flowering dogwood.
    1844-President John Tyler married Julia Gardiner, daughter of a New York State Senator, at the Church of the Ascension, New York City. He became the first president to be married in the White House. His first wife, Letita Christian Polk, whom he had married on March 29,1813, had died on September 10,1842, in the White House.
    1862-Earlier this month, at Fair Oaks, Virginia, Confederate forces under General Joseph E. Johnston stalled the Union advance toward Richmond in General George B. McClellan’s Peninsular campaign. Johnston was wounded at Fair Oaks and Robert E. Lee was then appointed commander of the Confederate Army of Northern Virginia. He then launched a series of engagements on this date that became known as the Seven Days Campaign. Battles at Oak Grove, Gaine’s Mill’s, Garnett’s Farm, Golding’s Farm, Savage’s Station, White Oak Swamp and finally Malvern Hill left more than 36,000 casualties on both sides. Despite losing the final assault at Malvern Hill, the Confederates under the leadership of General Lee succeeded in preventing the much larger Union army from taking Richmond.
    1862-First day of the seven-day battle at Oak Grove
    1864-President Abraham Lincoln signs bill providing schools for Black children
    1864-The Union Army facing mounds of pickets and bunkers decides to dig tunnels under this obstructions

    1864 --A TRIP TO THE CLIFF HOUSE by Mark Twain written for The San Francisco Daily Morning Call: “If one tire of the drudgeries and scenes of the city, and would breathe the fresh air of the sea, let him take the cars and omnibuses, or, better still, a buggy and pleasant steed, and, ere the sea breeze sets in, glide out to the Cliff House. We tried it a day or two since. Out along the rail road track, by the pleasant homes of our citizens, where architecture begins to put off its swaddling clothes, and assume form and style, grace and beauty, by the neat gardens with their green shrubbery and laughing flowers, out where were once sand hills and sand-valleys, now streets and homesteads. If you would doubly enjoy pure air, first pass along by Mission Street Bridge, the Golgotha of Butcherville, and wind along through the alleys where stand the whiskey mills and grunt the piggeries of "Uncle Jim." Breathe and inhale deeply ere you reach this castle of Udolpho, and then hold your breath as long as possible, for Arabia is a long way thence, and the balm of a thousand flowers is not for sale in that locality. Then away you go over paved, or planked, or Macadamized roads, out to the cities of the dead, pass between Lone Mountain and Calvary, and make a straight due west course for the ocean. Along the way are many things to please and entertain, especially if an intelligent chaperon accompany you. Your eye will travel over in every direction the vast territory which Swain, Weaver & Co. desire to fence in, the little homesteads by the way, Dr. Rowell's arena castle, and Zeke Wilson's Bleak House in the sand. Splendid road, ocean air that swells the lungs and strengthens the limbs. Then there's the Cliff House, perched on the very brink of the ocean, like a castle by the Rhine, with countless sea-lions rolling their unwieldy bulks on the rocks within rifle-shot, or plunging into and sculling about in the foaming waters. Steamers and sailing craft are passing, wild fowl scream, and sea-lions growl and bark, the waves roll into breakers, foam and spray, for five miles along the beach, beautiful and grand, and one feels as if at sea with no rolling motion nor sea-sickness, and the appetite is whetted by the drive and the breeze, the ocean's presence wins you into a happy frame, and you can eat one of the best dinners with the hungry relish of an ostrich. Go to the Cliff House. Go ere the winds get too fresh, and if you like, you may come back by Mountain Lake and the Presidio, overlook the Fort, and bow to the Stars and Stripes as you pass.”
    1868-Congress authorized government laborers a workday of eight hours, which was signed into law by President Andrew Johnson this day, providing, among other things, that “eight hours shall constitute a day’s work for all laborers, workmen, and mechanics who may be employed by or on behalf of the Government of the Untied States.
    1876-Lieutenant Colonel George Armstrong Custer, leading military forces of more than 200 men, attacked an encampment of Sioux Indians led by Chiefs Sitting Bull and Crazy Horse near Little Bighorn River, MT. Custer and 264 men of the Seventh Calvary were slaughtered in the brief battle (about two hours) of Little Bighorn. One horse, named Comanche, is said to have been the only survivor among Custer’s forces. This brought more repression by both the US Army and Federal Government to the American Indians in the next fifty years. It was common to “ Remember Custer’s Last Stand.” It was common for military commanders to attack the Indians out-numbered with firepower and from three directions. It is said one of his units halted in the three prong attack, and the other reacted by holding back and not proceeding with the long proved strategy, allowing the Indians to “divide and conquer.” He was considered an American hero. It was not until present time that he was considered an egoist trying to build his reputation in the military (very common in that day, and perhaps until recent times.) Military historians find no errors in the strategy of the attack, except for the execution (This is from accounts from interviews with the Indians, including scouts who were dismissed before the attack and watched the battle, plus papers and diaries from the soldiers. Other historians believe he should have waited for reinforcements from General Alfred H. Terry, who discovered the bodies)
    1886- birthday of Henry H. “Hap” Arnold, US general and commander of the Army Air Force in all theaters throughout WWII, Arnold was born at Gladwyne, PA. Although no funds were made available, as early as 1938 Arnold was persuading the US aviation industry to step up manufacturing of airplanes. Production grew from 6,000 to 262,000 per year from 1940—44. He supervised pilot training and by 1944 Air Force personnel strength had grown to two million from a prewar high of 21,000. Made a full general in 1944, he became the US Air Force’s first five-star general when the Air Force was made a separate military branch equal to the Army and Navy. Arnold died Jan 15, 1950, at Sonoma, CA.
    1874-birthday of Rose O’Neill, born at Wilkes-Barre, PA. Her career included work as an illustrator, author and doll designer, the later gaining her commercial success with the Kewpie Doll. In 1910, “
The Ladies Homes Journal” devoted a full page to her Kewpie Doll designs, which were a marketing phenomenon for three decades. Died at Springfield, MO, April 6, 1944.
    1881-Birthday of Crystal Eastman –said to be one of the most influential and “radical” U.S. women of her day. She was an attorney, feminist, labor reformer, peace advocate, birth control advocate, suffragist, and worker for women's financial equality in both the U.S. and England. She was active in the Political Equality League, Congressional Union for Woman Suffrage, Women's Peace Party, the Feminist Congress, and a member of the famed Heterodoxy Club of New York.
    1908-birthday of African-American Beatrice Murphy, editor and author.
    1910- The Mann Act was passed by the US Congress. It prohibited the transportation of females across state or internationally lines for immoral purposes. It was said to be an attempt to curb the huge "white slave" and prostitution business in the U.S. and the world. At the time it was estimated that there were more than 600 recognized houses of prostitution in Chicago alone. New Orleans was "closed" to naval personnel because of the number of brothels. But the situation was nothing new With the change from rural to city living caused by the industrial revolution, more and more women were on their own without family to help support them. It was said that women were “imported” for prostitution, however, the custom had been going on since France brought in French prostitutes in the 17th century to marry French soldiers and settlers in Louisiana. The most famous prosecutions under the law were those of Charlie Chaplin in 1944 and Chuck Berry in 1962, who took unmarried women across state lines for "immoral purposes." Chaplin was acquitted but left the country under FBI director J. Edgar Hoover's threats. Berry was convicted and spent two years in the prime of his musical career in jail. After Berry's conviction, the Mann Act was enforced only sparingly and was finally removed from the books in 1986.
    1918-Birthday of Marion Alice Orr, member of the Canadian Aviation Hall of Fame. MAO was one of the most noted pilots for the RCAF in England during World War II. She ferried military planes - some terribly shot up and dangerous to fly - from landing strips to repair locations and back. Her flights always subject to German fighter interception as well as the dangers from the planes disintegrating in air. The women also flew planes that had made their regular night sorties over Germany from air fields close to the channel to safer locations to the west of England and then returned them to the eastern air bases that evening. A number of women who ferried the planes died. In Canada, she was the first woman to fly and instruct helicopters. For further information on this remarkable woman and other Canadian flyers, see
    1922-birthday of Bill Russo, jazz composer, arranger and trombonist, best known perhaps for playing with Stan Kenton. While I was going to Julliard School of Music, I studied privately with him in New York. He was teaching me fundamentals of big band arranging, starting with six and seven chord harmonies.
    1925-birthday of accordion player Clifton Chewier, King of Zydeco, Opelousas,LA. Zydeco is the party music of the black Cajuns of Louisiana, and is a mixture of blues, French folk songs, country, R'n'B and rock 'n' roll. Chenier usually played an accordion and sang in a mixture of French and English. He often wore a jeweled crown on stage, and appeared at blues festivals and rock clubs all over North America. He was largely responsible for the popularity of zydeco outside his native Louisiana. Chenier, who was severely diabetic, died on December 12th, 1987, at the age of 62.
    1925 - The mercury hit 101 degrees at Portland, OR, their earliest 100 degree reading of record.
    1928—Trombonist/composer Bill Russo birthday . I took private lessons from him at his apartment one summer regarding jazz arranging.
    1935-birthday of vocalist Eddie Floyd, Montgomery, Al
    1941-Glenn Miller records Adios on Bluebird.
    1941-Fair Employment practices Commission established.
    1941 - Joe DiMaggio ran his hitting streak to 45 straight games, with a home run off Boston’s Heber Newsome. The ‘Yankee Clipper’ broke the record set by Wee Willie Keeler in 1897.
    1942-- Major General Dwight D. Eisenhower takes command of U.S. forces in Europe. Although Eisenhower had never seen combat during his 27 years as an army officer, his knowledge of military strategy and talent for organization were such that Army Chief of Staff General George C. Marshall chose him over nearly 400 senior officers to lead U.S. forces in the war against Germany. After proving himself on the battlefields of North Africa and Italy in 1942 and 1943, Eisenhower was appointed supreme commander of Operation Overlord--the Allied invasion of northwestern Europe.
    1944-- OGDEN, CARLOS C.—Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, Company K, 314th Infantry, 79th Infantry Division. Place and date: Near Fort du Roule, France, 25 June 1944. Entered service at: Fairmont, Ill. Born: 19 May 1917, Borton, Ill. G.O. No.: 49, 28 June 1945. Citation: On the morning of 25 June 1944, near Fort du Roule, guarding the approaches to Cherbourg, France, 1st Lt. Ogden's company was pinned down by fire from a German 88-mm. gun and 2 machineguns. Arming himself with an M-1 rifle, a grenade launcher, and a number of rifle and handgrenades, he left his company in position and advanced alone, under fire, up the slope toward the enemy emplacements. Struck on the head and knocked down by a glancing machinegun bullet, 1st Lt. Ogden, in spite of his painful wound and enemy fire from close range, continued up the hill. Reaching a vantage point, he silenced the 88mm. gun with a well-placed rifle grenade and then, with handgrenades, knocked out the 2 machineguns, again being painfully wounded. 1st Lt. Ogden's heroic leadership and indomitable courage in alone silencing these enemy weapons inspired his men to greater effort and cleared the way for the company to continue the advance and reach its objectives.
    1944---Top Hits
I’ll Be Seeing You - The Tommy Dorsey Orchestra (vocal: Frank Sinatra)
I’ll Get By - The Harry James Orchestra (vocal: Dick Haymes)
Swinging on a Star/Going My Way - Bing Crosby
Straighten Up and Fly Right - King Cole Trio
    1945- singer Carly Simon was born in New York City, the daughter of publishing magnate Richard Simon of Simon and Schuster. She began singing with her sister Lucy when the two were in college. Simon began her solo career in 1969, and hit the top 10 two years later with "That's the Way I've Always Heard It Should Be." In 1972, her recording of "You're So Vain," featuring a guest appearance by Mick Jagger, hit number one. That year she married James Taylor, and the two combined in 1974 for the hit single "Mockingbird," a remake of a '60s R'n'B success by Inez and Charlie Foxx. Carly Simon suffers from stage fright and rarely appears in concert. In 1981, she filed for divorce from Taylor.
    1946 - Ian McDonald of Foreigner is born in London. The group's biggest hits are the million sellers ``I Want to Know What Love Is'' (No. 1), ``Waiting for a Girl Like You'' (No. 2 for 10 weeks) and ``Double Vision'' (No. 2). He leaves the group in 1980.
    1948-Boxer Joe Louis defended his heavyweight championship by knocking out Jersey Joe Walcott in the 11th round of a fight at Yankee Stadium. This was Louis’s last title defense after which he retired.
    1950-Forces from northern Korea invaded southern Korea, beginning a civil war. US ground forces entered the conflict June 30. An armistice was signed at Panmunjom July 27,1953, formally dividing the country into two---North Korea and South Korea.
    1949 - Entertainer Fred Allen closed out his amazing radio career. Allen was making the transition to TV. His final radio guest was his old pal, Jack Benny. order. Benny went on to become a television legend Allen’s caustic wit didn’t play well on TV and he found himself out of the medium in short time.
    1950-The Korean War (1950-1953) began when North Korean forces launched an invasion across the 38th parallel into South Korea. The UN ordered an immediate cease-fire and withdrawal of invading forces. At dawn, nearly 100'000 Communist troops of the North Korean People’s Army invade South Korea across the thirty-eighth parallel, catching the Republic of Korea forces completely off guard and throwing them into a hasty southern retreat.
    1951-CBS broadcast the first color television program on June 25, 1951. The program was strictly experimental, as no viewers had color televisions at the time: The four- hour program could only be viewed on the forty color television sets at CBS. The first all-color station, WNBQ-TV in Chicago, began showing color programs on November 3, 1955, and switched to color entirely, even for local programs, by April 15, 1956.
    1952---Top Hits
Kiss of Fire - Georgia Gibbs
I’m Yours - Don Cornell
Be Anything - Eddy Howard
The Wild Side of Life - Hank Thompson
    1954 - David Paich of Toto is born. He and his father, Marty, win an Emmy Award for writing the theme to the TV series ``Ironside.'' Toto's biggest hits are ``Africa,'' a No. 1 song in 1983,'' and ``Rosanna,'' which never tops Billboard's Hot 100 but stays at No. 2 for five weeks in 1982.
    1956-The last 1956 Packard automobile was produced, marking the end of production at Packard’s Connor Avenue plant in Detroit, Michigan. Packard would continue to manufacture cars in South Bend, Indiana until 1958, but for those familiar with Packard, the last 1956 model is considered the last true Packard car.
    1959 - CBS journalist Edward R. Murrow interviewed his 500th -- and final -- guest on "Person to Person": actress Lee Remick. Just hours before this final broadcast, Murrow had presented his last news broadcast on the CBS radio network. CBS-TV had reportedly made $20 million from Murrow’s "Person to Person" series.
    1960---Top Hits
Cathy’s Clown - The Everly Brothers
Everybody’s Somebody’s Fool - Connie Francis
Swingin’ School - Bobby Rydell
Please Help Me, I’m Falling - Hank Locklin
    1961 - Pat Boone spent this day at number one for one last time with "Moody River". Boone, a teen heart-throb in the 1950s, had previously walked his way up the music charts, wearing white buck shoes, of course, with these other hits: "Ain’t That a Shame", "I Almost Lost My Mind", "Don’t Forbid Me", "Love Letters in the Sand" and "April Love
    1962- The U.S. Supreme Court ruled that a prayer read aloud in public schools violated the 1st Amendment’s separation of church and state. The court again struck down a law pertaining to the First Amendment when it disallowed an Alabama law that permitted a daily one-minute period of silent mediation or prayer in public schools in 1985. This decision has been seen by each new Supreme court and is considered a quite a controversy to this day.
    1964 - "A Hard Day’s Night" was released by United Artists Records. The album featured all original material by The Beatles and became the top album in the country by July 25, 1964.
    1966 –Famed comedian Lenny Bruce & Mothers of Invention @ the San Francisco Fillmore Auditorium Lenny's last performance before he died.
    1965 - "Mr. Tambourine Man", by The Byrds, reached the number one spot on the pop music charts. The song was considered by many to be the first folk-rock hit. The tune was written by Bob Dylan, as were two other hits for the group: "All I Really Want to Do" and "My Back Pages". The group of James Roger McGinn, David Crosby, Gene Clark, Chris Hillman and Mike Clarke charted seven hits. The Byrds were inducted into the Rock and Roll Hall of Fame in 1991.
    1967-the first worldwide live television program was “our World,” shown in 26 countries via four satellites. The two-hour production involved 10,000 technicians and 300 cameras in 14 countries on five continents. It opened with glimpses of births in Mexico, Canada, Denmark, and Japan. The rest of the program featured clips of Leonard Bernstein and Van Cliburn rehearsing a Rachmaninoff concerto at New York City’s Lincoln Center, the Beatles recording a song in London, a rehearsal of Lohengrin in Bayreuth, Germany, the making of a movie in Italy, and other presentations. The American outlet was the National Education Television network. The program cost about $5 million.
    1967- The Beatles recorded "All You Need Is Love" live on the "Our World" program, which was broadcast worldwide.
    1968---Top Hits
This Guy’s in Love with You - Herb Alpert
MacArthur Park - Richard Harris
The Look of Love - Sergio Mendes & Brazil ’66
Honey - Bobby Goldsboro
    1968---San Francisco Giant Bobby Bonds ( not Barry, his father ) hits a grand slam in his first major league game
    1969-Pancho Gonzalez and Charlie Pasarell played the longest match in Wimbledon history. After 112 games and 5 hours, 12 minutes, Gonzales emerged triumphant.
    1969-Mick Taylor made his first concert appearance with The Rolling Stones. He had replaced Brian Jones.
    1969 - The Hollies record ``He Ain't Heavy, He's My Brother,'' with Elton John playing piano. The song reaches No. 7 on Billboard's singles chart.
    1974-During the Watergate affair, John Dean, a former White House legal counsel, begins testifying before the Select Committee on Presidential Campaign Activities. In three days of televised testimony, Dean directly implicates President Richard M. Nixon, himself, and a number of other White House officials in the cover-up of the Watergate break-in the occurred on 17 June 1972.
    1976---Top Hits
Silly Love Songs - Wings
Get Up and Boogie (That’s Right) - Silver Convention
Misty Blue - Dorthy Moore
El Paso City - Marty Robbins
    1976 - The CN Tower opened in Toronto, Ontario, Canada. At 1,815 feet, 5 inches high, the tower is the world's tallest building and the tallest freestanding structure.
    1977-The Emotions "Best Of My Love" hits #1 on the R&B charts. It does the same thing on the pop charts two months later.
    1979 - Muhammad Ali announced that he was retiring as world heavyweight boxing champion. The 37-year-old fighter said, “Everything gets old, and you can’t go on like years ago.” The “float like a butterfly, sting like a bee” act was no more.
    1984---Top Hits
The Reflex - Duran Duran
Dancing in the Dark - Bruce Springsteen
Self Control - Laura Branigan
When We Make Love – Alabama
    1984-Prince releases his "Purple Rain" LP.
    1984-Backup singer Patti Scialfa joins Bruce Springsteen's E Street Band just four days before the start of the "Born In The U.S.A." tour is to begin. They eventually wed, and are still together.
    1987 - “Just the facts, ma’am. Thank you.” "Dragnet", starring Dan Aykroyd in the Jack Webb role of Sgt. Joe Friday; and Tom Hanks in the Harry Morgan role of detective Stribeck, opened around the U.S. The movie became the first Hollywood film to feature a "condom-conscious" bedroom scene ... just right for the social mores of the 1980s. "Dragnet" was a smash theatrical hit, as it had been on radio and TV in the 1940s and 1950s. “This is the city...”
    1987 - Afternoon highs of 97 degrees at Miami, FL, 107 degrees at Medford, OR, and 111 degrees at Redding CA were new records for the date. It was the third of six straight days of record heat for Miami. Thunderstorms produced wind gusts to 70 mph at Austin, and gusts to 75 mph at Tulsa OK.
    1988---Top Hits
Dirty Diana- Michael Jackson
Foolish Beat- Debbie Gibson
The Flame- Cheap Trick
Make It Real- The Jets
    1988 - Fifty-two cities in the central and eastern U.S. reported record high temperatures for the date. Highs of 100 degrees at Erie, PA, and 104 degrees at Cleveland OH established all- time records for those two locations. Highs of 101 degrees at Flint, MI, 105 degrees at Chicago, IL, and 106 degrees at Fort Wayne, IN, equalled all-time records. Thunderstorms in Idaho produced wind gusts to 100 mph west of Bliss and north of Crouch, injuring 29 persons.
    1990 - "The Arizona Republic" reported it was 122 degrees in Phoenix, hot enough to cancel some flights at the airport.
    1990-In the case of Cruzan v Missouri, the Supreme Court, in a 5-4 ruling, upheld the constitutional right of a person whose wishes are clearly known to refuse life-sustaining medical treatment.
    1992-Twenty-five years after leaving high school, Billy Joel gets his diploma. In 1967, the piano man had overslept and missed his English and Gym finals.
    1993- Bruce Springsteen was a surprise guest on David Letterman's final show as host of NBC's "Late Night." Letterman, after more than 11 years at NBC, began a similar show on CBS two months later. David Letterman was born in Indianapolis, Indiana, in 1947. From an early age, he aspired to host his own talk show. He became a stand-up comic and a wacky weatherman on a local TV station. After years on the stand-up comedy circuit, he made his first appearance on The Tonight Show in 1978 and served as the program's guest host 50 times. In 1980, Letterman had a short-lived morning variety show, The David Letterman Show, which won two Emmys.
He launched his popular late-night TV show in 1982. His offbeat humor and goofy stunts spoofed traditional talk shows. Antics like wearing a Velcro suit and throwing himself at a wall or tossing eggs into a giant electric fan, Letterman gained a large following, especially among college students. Regular features included his "Top Ten List," "Stupid Pet Tricks," and tours of the neighborhood. He also frequently wandered with his camera into other NBC shows in progress. Over more than 11 years, the show won five Emmys and 35 nominations.When Carson announced his retirement in 1992, Letterman and rival comic Jay Leno engaged in a heated battle for the coveted host slot. When Letterman was passed over, he left NBC for CBS, where his new program, Late Show, outperformed Leno's show almost every week in its first year. However, Leno pulled ahead the following year and maintained a strong lead. Letterman underwent emergency heart surgery in 2000 and was off the show for five weeks. He is back on, funny than ever, and that’s where we get
“Will it Float or Will it Sink?”
    1993—Top Hits
That s The Way Love Goes, Janet Jackson
Weak- SWV
Knockin Da Boots- H-Town
Freak Me- Silk
    1993- John Dean begins testimony before Senate Watergate Committee, perhaps the turn in the hearings as “Deep Throat” begins to talk to two reporters at the Washington Post.
    1996-A truck bomb exploded near Dhahran, Saudi Arabia, killing 19 American military personnel and wounding more than 300 people. Bombed was an apartment complex that housed about 2500 Americans. The CIA stated there were no solid clues about the identity of the perpetrators.
    1996-American Airlines announces its Internet ticket purchasing system is ready for prime time. The airline also said it would introduce ticketless travel in September, freeing its customers from worry about losing their airline tickets.
    1997-The National Hockey League announced that it had granted expansion franchises to four cities: Nashville(to begin play in 1998-99), Atlanta(1999-2000), Minneapollis-St. Paul and Columbus (both 2000-2001). The Nashville team chose the nickname Predators. Atlanta, the Thrashers, the Twin Cities as the Minnesota Wild and Columbus as the Blue Jackets. At the same time, the league’s Board of Governors approved the move of the Hartford Whalers to North Carolina where they became known as the Hurricanes.
    1998—Top Hits
The Boy Is Mine- Brandy
You re Still The One- Shania Twain
Too Close- Next
My All- Mariah Carey
    1998 - Windows 98 was released. Microsoft used the slogan, “Works better. Plays better.” The company said the new operating system would bring an “increased computer experience by providing a rich feature set for a wider variety of users than ever before.”
    1999 - The San Antonio Spurs earned their first NBA (National Basketball Association) title in their 26-year history by beating the New York Knicks 78-to-77. That gave the Spurs the series
4 games to 1.
    2000 - Country's latest kid phenom, 12-year-old Billy Gilman, makes his Grand Ole Opry debut during the TNN-televised portion of the show. "This has been my dream ever since I started singing," Gilman said.
    2002—Top Hits
Hot In Herre-Nelly
Without Me,-Eminem
Foolish- Ashanti
I Need A Girl (Part One)- P. Diddy Featuring Usher & Loon
    2002-- In the evening WorldCom announces that an internal audit has uncovered that $3.85 billion in ordinary business expenses had been improperly booked as capital expenditures for all of 2001 and the first quarter of 2002, and that it has fired its Chief Financial Officer Scott Sullivan (long-time CEO Bernie Ebbers had been ousted two months earlier). WorldCom also announces 17'000 layoffs. With more than $30 billion in debt, $4.5 billion of which is due in the next three years, WorldCom will have difficulty avoiding bankruptcy (its bonds trading at 15 cents on the dollar indicate that investors expect bankruptcy). From a tiny long-disance phone service reseller in Mississippi it expanded spectacularly by more than 60 acquisition. But when it acquired MCI, regulators warned that this was the end, and they blocked WorldCom's 2000 attempt to buy Sprint.
    2002 ---In game which is broadcast throughout Latin America, skippers Luis Pujols of the Tigers and Tony Pena of the Royals become the first major league managers born in the Dominican Republic to oppose each other in a game. The president of the Dominican Republic, Hipolito Mejia, is on hand to watch Raul Ibanez’s double, triple and home run and four RBIs lead the hometown Royals to an 8-6 comeback victory over Detroit.



Baseball Poem

A Baseball Game (Free verse)

The ump showed up early.
Sharply dressed
His pants, meticulously creased.
His gold watch glinting in the 4 o'clock
End of March southern California sun.
He held a sour look
It was his first line of defense.

The manager of the Astros
Was what you might call
An easy going type.
A long-time bachelor, and a slob to boot.
He always had a quick sly grin
Popped his gum unceasingly.
His face like an old first-baseman's glove;
Tanned brown with wear,
The stitching undone,
Staggeringly wrinkled from so much daily use.

He strolled over to home,
Tugging at the bottom of his extra-large shirt
Which barely covered the expanse of his girth,
Slapped the ump on the back
and announced that the teams
were a little behind getting the field ready
and could we start the game at a quarter past?

The ump looked at his watch without saying a word
Held up his right hand for a moment,
Then brought it down like an ax,
"Play Ball!" he shouted
2 inches from the Astros manager's leathery face.





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