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Great opportunity for experienced small ticket sales rep. We will provide the back office support and you keep all the commission less a fixed monthly admin. fee.
Please email your resume in confidence to dwesley@advantagelease.com

Advantage Leasing is a 20 yr. old company located in West Chester, PA. We have multiple funding sources as well as internal financing.

www.advantagelease.com

Wednesday, February 9, 2005

Headlines---

Classified Ads---Help Wanted
    Weekly Complaint Bulletin Board Report
        Cartoon---
            Arizona Meeting for Non-Members
                Leasing Association Conferences—Spring
Classified Ads--Attorneys
    California New Video Display Recycling Fee Requirement
        SunTrust Leasing Selects Tabitha Software
            Global Capital's McNally Women's Entrepreneurship
North Fork Expands All Points Capital w/Kurz
    News Briefs---
        "Gimme that Wine"
            This Day in American History
                Winter Poem

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

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Classified Ads---Help Wanted

 

Leasing Sales Representative


Leasing Sales Representative located in Minnesota, Wisconsin or Illinois, require three years plus experience. For full description & application, click here.

Associated banks are known for strong relationships with their communities, with many offices tracing their roots to the 1880s and 1890s. Associated Banc-Corp was founded in 1970. Associated employs approximately 4,000 people.

www.associatedbank.com

National Account Manager


Nat'l Acct. Mgr: Looking for acct mgr's w/limited leasing exp. and good comm. skills. Good commission plan w/emerging company. Send responses & resumes to info@access-capital.org or call 866-434-7555, ext 7838

Platform Business Manager / Asset Manager


Platform Business Manager: Veteran w/ proven sales mngt. Will serve as primary point of contact for bank relationships and manage origination teams to effectively penetrate the market.

Asset Manager: Organized, decisive individual w/ asset mngt./ remarketing exper., covering wide range assets from manufacturing equipment to transportation, energy-related,, technology, retail, etc.

Send your resume to: Kathy.odwyer@rbos.com
Chicago, Illinois

About the Company: RBS Lombard, Inc., based in Chicago, is a member of The Royal Bank of Scotland Group, an AA rated company that is the 6th largest bank in the world by market capitalization as of January 14, 2005. Founded in 2002, RBS Lombard, Inc. has grown to net assets exceeding $2.8 billion and new business volume surpassing $1.1 billion in 2004.

Sales Professionals



Sales Professionals: Outstanding opportunity for Equipment Finance Leasing professionals with middle market finance leasing backgrounds, an existing or established book of business, and at least 2 plus years experience. Banking background preferred, not required. Fast paced environment. Greater NYC area, lease teams okay! E-Mail: iromoff@icbny.com
Please visit our website at: http://www.myindependence.com

Small Ticket Sales Representative


Great opportunity for experienced small ticket sales rep. We will provide the back office support and you keep all the commission less a fixed monthly admin. fee.
Please email your resume in confidence to dwesley@advantagelease.com

Advantage Leasing is a 20 yr. old company located in West Chester, PA. We have multiple funding sources as well as internal financing.

www.advantagelease.com

[headlines]

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Weekly Complaint Bulletin Board Report

Alert--- Sale/Leasebacks as New Equipment

The names are changed here as the original party who placed the complaint, later changed their mind. They had sent us by fax all the documents signed and used in the several transactions to back up their claim. Right before we were to print the “alert,” they changed their mind, after talking with the parties involved, who most likely said they were going to sue, if their names were mentioned.

We honor the request to not to use their names, or other names, or locations, but we are printing the original complaint and our findings using fictitious names.

It should be noted that leasing company we are calling Bottomline Leasing in this article already has a complaint on the Leasing News Bulletin Board.

Remember these are all fictitious names in this story, and coincidence to a real name is just that; these are again not the real names of the companies involved:

The “Alert”

“I am writing in regards to a recent situation that occurred with Kappa Beta Equipment Sales Corp, headquarters located at **********************. It was recently brought to our attention that some equipment that we financed for clients of Kappa Beta's was not new equipment. The head of Kappa Beta had teamed up with Bottomline Leasing to do sale-leasebacks and pass them off as new equipment sales in order to get working capital for the client.

Head of Kappa Beta would then take money off the top for himself as well as Bottomline Leasing and pay the clients in cash. This was brought to our attention by a funding source that we work with who had cut Kappa Beta off from their vendor programs due to such occurrences.

“I write to you today to caution others in the industry from falling prey to this same plot. This type of fraud is rampant in the industry and we need to work together to prevent it from continuing. If the first funding source had alerted the leasing news, we may not have been taken advantage of. Please send word to all you can. Thank you.”

signed ABC Financial

“This may not be, as you said, illegal, but it is extremely
unethical, especially when the vendor makes representations of equipment that is not even there at the client's place of business, or is ten years old and therefore worthless. If they default, there is no recompense for us as the leasing company.”

singed ABC Financial

” We are told Kappa Alpha is forbidden to send deals to GE Capital, American Express and US Bancorp due to him pulling the same with them. They have assist us Leasing in our investigation and forward those other names to help us achieve our information for our legal department. If you require, I can ask for letters from you to substantiate this.”

singed ABC Financial

Leasing News position was to hear from the other sides. We requested copies of the leases and other documents to substantiate their charges. After receiving them by fax, we began sent several e-mails and wound up having a group of conversations by telephone with the parties involved.

The verbal document from the lessee confirms that he received cash and originally he submitted the transaction to Bottomline Leasing, from a mailer. The head of Bottomline Leasing said he submitted “many” deals to Kappa Beta, and they had completed “five or six” of them. The documents we had showed they mostly involved “computer equipment.”

He told us Kappa Beta “does tough credits” and “ is able to do other things as he is a vendor who goes directly to leasing sources as a vendor.” Regarding this specific transactions, the head of Bottomline Leasing said he “made “ full disclosure” to Kappa Beta, as well as the other deals he submitted. He did not “lie” or make “misrepresentations” to the leasing company, as he never was in contact with them directly, he repeatedly said.

Asked specifically, he said the equipment was not “used.” He said when the deal was funded by Kappa Beta, they paid the dealer and he received his commission. He said he saw nothing wrong with working in this manner nor was he “specifically” aware of how Kappa Beta submitted the package to ABC Financial. He stated he was not aware that Kappa Beta claimed they were the vendor, although he again acknowledged that “the original dealer” was paid by Kappa Beta, not by the leasing company who funded the transaction.

He considered Kappa Beta a “broker” where he often received from fifteen to twenty points on deals he submitted.

In the documents provided to us by ABC Financial there are copies of the checks for the purchase of the equipment from Kappa Beta ( without sales tax, assuming sales tax will be charged monthly due to the state ABC Financial is located ) plus a five percent commission for Kappa Beta ( there is an invoice from Kappa Beta labeled ( administrative fee) and checks from ABC Financial labeled “ commission.”

From one of the “verbal checks,” the lessee admits getting “cash back,” and in one conversation, Kappa Beta said it was not uncommon for him to pay fifteen to twenty points to Bottomline Leasing.

One actual invoice is from Kappa Beta, for $47,895 of Dell Equipment ( there is no sales tax on the invoice. ) Dell reports that they sell direct, not to dealers. It is most common for those who install this equipment to have their customer pay Dell direct. While it may be a situation where the “dealer” buys direct from Dell, there was no installation, cabling, or other costs so noted on the invoice.

Another invoice had Samsung 17” inch LCD Flat Panel Monitor at $789 a piece. There were no serial numbers nor model numbers, and a search on the internet found them costing from $319 to $502, depending on the model and seller.

http://www.nextag.com/buyer/outpdir.jsp?nxtg=263a8d_4DB8C65D403
716A8&search=samsung+17+lcd+flat+panel+monitor&node=500000+
300000+900000+1400000

In this invoice, cabling and installation was noted on the invoice, but not cost. The APC Battery back-up model was not noted, In search best buys, they ranged from $200 to $1,000 for a very large “net server.” No model was noted and it was strange here were three “servers,” and three monitors, usually smaller monitors and often one with a three way switch, and not three APC back-ups, but one.

Under the name American Leasing, we asked Dell for a quote on some of the equipment on the invoice that did not include installation and cabling. We assumed a Middle West vendor selling to a company in Florida would have them do the installation, and cabling, if required. We also thought it strange they were not going direct to Dell.

The sales representative we spoke to said they don't sell Samsung and spoke about the Dell 17” flat screen panel on sale for $269 with many features and warranty, and he told us they had the latest Sony for $329. These prices are a far cry from $789 a piece.

In trying to get the quote using the invoice in the funding, the sales representative wanted to know how much ram, raid, and other features in the server, and if software was included, how many users. He said he need more information to make a more accurate quote, so guessed at 20 and made a top configuration.

We then ran into an issue of who the “end user” would be and they would not accept American Leasing, as we have done over $500,000 with them in six months, they said, and in the past orders, needed to get the name, address, and telephone number of the user to get the discount and also find out who would be our sales representative.

Going on line, we found some of the equipment close to some of the invoices, although they were 2.4 ghz and the on line were 3.2ghz, with the most cost $5459, a far cry from $12,875 for four servers costing $51,500.

Searching prices of others named it appeared to us these were older machines not only due to the configuration, but price. It was an easy guess to see the prices were well inflated. Perhaps a George Alpi or Kathy Robb at Bank of the West Leasing or even ex- U.S. marine Bob Fisher would not have wasted this time in smelling this out.

These were sale/leasebacks to the educated and experienced in equipment leasing.

To sum this up, Bottomline Leasing says he was not involved in any deception, although he originated the transaction, and was aware that Kappa Beta "pretended" to be the seller of the equipment. He also admitted while Kappa Beta represented himself as a vendor, he knew he was acting as a "broker." 

Both parties who submitted the transaction, one to the other who then sent to the leasing comapny, admitted “commissions” were paid to each other, but never disclosed who the original dealer was (although one lessee admitted he received cash—we do not know about the others as they were not contacted, but most likely there was no “original dealer.”)

It now also appears ABC Financial discounted these leases to another, as in one communication, it was stated, “I want this out in the open. Brokers like this give us "good" brokers a bad reputation. I will not stand for that. “ Certainly now none of the parties want us to disclose their names.

Leasing News has been informed the practice above is becoming more commonplace in the equipment leasing industry.

copy of six Dell invoices with the names of the vendor and lessee removed:
http://leasingnews.org/PDF/invoices.pdf

copy of the “adminstrative fee” invoice sent to ABC Financial, names removed from the invoice:
http://leasingnews.org/PDF/Admin_fee.pdf

[headlines]

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[headlines]

****announcement****************************

Arizona Meeting for Non-Members

This Thursday, February 10, 2005

Join 30 + confirmed leasing professionals for the Winter Meeting of the Arizona Association of Equipment Leasing at one of the finest golf facilities in the valley. Meet us in the Grill.

Meet 8 out of state funders flying in for the event. Hear what they are offering first hand to members of Arizona's regional organization for equipment leasing.

Arizona Equipment Leasing Association
Time: 4:58 pm
Place: Raven Golf Club (Restaurant Grill Area)
3636 E. Baseline Rd. Phoenix, Az. 85004
602-243-3636
Hors d'ovuers and free drink included.

Full details here:
http://leasingnews.org/PDF/05_winter_event..pdf

[headlines]

***** announcement *************************

--------------------------------------------------------------

Leasing Association Conferences—Spring

 

April 6-7,2005
National Funding Exhibition Fairmont Hotel
Chicago, IL

(note: ELA will allow a one time conference attendance to a non-member. However, the ability to attend not only the conferences but information from their website is well-worth the membership fee)

http://www.elaonline.org/events/calendar/ataglance.cfm#now

---------------------------------------------------------------

April 14-17,2005
Mills House
Charleston, South Carolina

---------------------------------------------------------------

April 21-24, 2005
Spring Leadership Conference
Doubletree Paradise Valley Resort
Scottsdale, Arizona

----------------------------------------------------------------

May 4-6,2005
Loews Miami Beach Hotel
South Beach, Miami, Florida

for more information, please go here:
http://leasingnews.org/PDF/25AM05_springpgm.pdf

---------------------------------------------------------------

May 12-15,2005
Hyatt Regency Union Station
St. Louis, Missouri
(as more specific information becomes available, we will add it to this page.)

[headlines]

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Leasing Industry Attorneys

California, National: city: Riverside
Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs exp.in SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker.
Email: leaselaw@msn.com | UAEL
California - statewide: CA      "ELA"
5-attorney creditors rights law firm, in biz 25 yrs +, specialize all aspects of creditor representation. Primarily represent equipment lessors & funders,plus collection and creditor rep. in bankruptcy. Email: phemar@hemar.com
Website: www.hemar.com
California - statewide: Encino, CA.   "ELA"
24 Attorney AV-rated Lawfirm representing the Leasing Industry for over 25 Years. We specialize in Lease-enforcement, collection and representation in Bankruptcy Court. email: sjenkins@hemar-rousso.com
Website: www.hemar-rousso.com
Connecticut, Southern New England: EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates.
email: rcfeldman@snet.net     EAEL
Law Firm - Service , Dallas, TX. ELA
Mayer regularly practices in leasing, secured financing, project development and finance and corporate finance.
email: dmayer@pattonboggs.com
Website:
www.pattonboggs.com
Los Angeles, Statewide: CA.     "ELA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly basis. email: RGarwacki@prodigy.net

Los Angeles -statewide: CA      "ELA "
Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com

Los Angeles, CA.
Wagner & Zielinski,  successfully representing lessees/ lessors.  Not a member of any leasing organization, therefore not beholden to special interests.  Richard Wagner (562) 597-0450 www.wzlawyers.com

Long Beach CA.
Paul Bent, helping settle deals that have gone bad. Attorney for 20+ years with GoodSmith & Co., now providing mediation and dispute resolution for lessees and lessors.
www.paulbent.com

National: Coston & Lichtman: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate; workouts, litigation, bankruptcy. Chicago & Florida offices. Jim Coston, CLP (Members: ELA/UAEL/MAEL)
email: Jcoston@costonlaw.com
Website: www.leaselawyer.com
Northern California - Statewide: CA "EAEL" "ELA" San Francisco expertise at Marin County prices; practice limited to equipment leasing and finance with 22 years experience, testimonials. Ken Greene, Esq.
Vox: 415 461 3777
Email: keng@kengreenelaw.com
Website: www.kengreenelaw.com

National:  Full staff of attorneys and legal assistants work with Group Leader Barry S. Marks to ensure prompt, cost-effective responses to client needs: Email: bmarks@bakerdonelson.com .
Website: www.leaselawyer.com

St. Louis County, MO. - statewide:
Defend clients sued by Popular Leasing USA and other assignees of Norvergence rental agreements. Also register and collect foreign judgments. Ronald J. Eisenberg, Esq.
Email: reisenberg@sl-lawyers.com
Schultz & Little L.L.P. www.sl-lawyers.com

[headlines]

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<

California New Video Display Recycling Fee Requirement

(This is not a joke.”$5,000 fine per sale or lease,” and believe me, California needs the money. editor )

from the Office of the California Department of Toxic Substances Control

Do Your Members Make Retail Sales of Televisions, Computer Monitors, Laptop --Computers or Other-Video Display Device?

Retailers Must Collect Electronic Waste Recycling Fees Starting January 1, 2005

If your member makes retail sales (including leases) of new or refurbished televisions, computer monitors, laptop computers or other video display devices covered by a new state law, they must collect a new electronic waste recycling fee beginning January 1, 2005 (Senate Bill 50, Stats. 2004, ch. 863).

Your member must collect the recycling fee whether they sell or lease from a store, by mail order, or over the Internet. Penalties for not collecting the fee can be as high as $5,000 per sale or lease.

If your member is required to collect the fee, they must register with our agency. After registration, we will send fee returns every quarter, unless the Board notifies them otherwise.

Revenue from the fee will be used to help safely recycle video display devices, which contain hazardous materials.

Covered devices and fee amounts

The fee currently applies to cathode ray tubes (CRTs) and devices that contain them-including televisions and computer monitors. It also applies to laptop computers and to computer monitors with flat panel and liquid crystal displays. Only products with display screens that measure more than 4" diagonally are subject to the fee. These are called "covered electronic devices," or CEDs.

The fee does not apply to video display devices that are

* Part of a motor vehicle.
* Contained within, or a part of a piece of industrial, commercial, or medical equipment.
* Contained within certain appliances. Examples include refrigerators, clothes washers, and microwave ovens.

The new law requires manufacturers to inform your members which devices are subject to the fee. The fee must be collected on covered electronic devices even if the manufacturer does not contact them. New products may be added after testing by the state Department of Toxic Substances Control.

The fee amount varies from $6 - $10, based on the size of the display. The amount of the fee is not subject to sales or use tax. Your members may keep three percent of the fee to cover their collection costs.

For an application and more information

For an application form and information on the new fee and fee rates, or general information on covered electronic devices, see our website: http://www.boe.ca.gov/sptaxprog/ewaste.htm.

For answers to questions about the new fee or to have us mail you a printed copy of the application, please call our Information Center: 800-400-7115 (TDD/TTY: 800-735-2929). Staff can help you M-F, 8-5, except state holidays.

For more detailed information on covered electronic devices, call the Department of Toxic Substances Control at 916-327-4499 or see their website: http://www.dtsc.ca.gov/ .

[headlines]

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"SunTrust Leasing Selects Tabitha Software To
Streamline Asset Valuation and Appraisal"

ELTnews

NEW YORK-- ---Tabitha Software ( http://www.tabithasoftware.com), a software and web services company, announced SunTrust Leasing Corporation ("SunTrust") has implemented the Tabitha Asset Management Suite ("TAMS"). SunTrust will utilize Tabitha's solution in its equipment leasing operation to streamline the asset valuation process, leverage historical valuations, provide detailed performance measurements and track business activities to satisfy audit and compliance requirements.

Tabitha's flagship product, the Tabitha Asset Management Suite (TAMS) is a web-based asset management application. TAMS consolidates data, enables automated workflow, manages documentation, and provides a unified view of information for real-time reporting and business intelligence. TAMS offers an array of independent or integrated business process modules tailored specifically to the commercial finance and leasing industries.

[headlines]

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

Global Capital's Terri McNally to Guide Women's Entrepreneurship
from New Grayslake Office in Illinois

CHICAGO, -- Terri E. McNally, President and CEO of Global Capital, Ltd., a financing and leasing company, has just been elected to the Board of Directors for the Women's Business Enterprise National Council (WBENC) as well as Vice Chair of the Women's Enterprise Leadership Forum. She will serve on the board for three years. Ms. McNally has been a certified Women's Business Enterprise (WBE) since 1999.

The WBENC Board of Directors consists of representatives from corporations, business organizations and the WBE community. Two-thirds of board seats are reserved for corporate members; one-sixth go to WBOP Executive directors; one-sixth go to WBE representatives nominated by the Women's Enterprise Leadership Forum.

The Women's Enterprise Leadership Forum is comprised of WBEs members nominated by WBENC partner organizations and national corporate members. The Forum is also a standing WBENC committee that promotes, translates and advocates the needs, issues and benefits of women's business enterprises and facilitates corporate and supplier business opportunities for WBE members.

New Expanded Headquarters Location

In order to accommodate its growing staff, Global Capital has just moved to its new headquarters offices at 888 E. Belvidere Suite 309 in Grayslake, Illinois. Global Capital also has offices in Michigan, Texas, California and Connecticut.

"Last year was a banner year for our company that started off with winning the 2004 Women-owned Business Stars Award and ended with being elected to the WBENC Board," said Ms. McNally. "I look forward to helping other women-owned businesses find success just as others have helped me. Our new offices will help me do that by better suiting our growing company and allowing for expansion as needed."

Ms. McNally is also a member of The Chicago Network, she serves on the advisory council of Women Impacting Public Policy (WIPP) and is a member of Women's President Organization (WPO).

About Global Capital

Global Capital, a $23 million dollar company, specializes in leasing and financing all types of equipment including copiers, IT, transportation equipment, telecommunications equipment and manufacturing equipment. Crain's Chicago Business recently recognized Global Capital as one of the top woman- owned businesses in Illinois. More information about Global Capital is available at
http://www.globalcapital.com
or by calling 847-223-7820.

[headlines]

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

North Fork Bancorporation Announces Expansion
of Equipment Leasing Subsidiary

MELVILLE, N.Y.--)----North Fork Bancorporation, Inc. (NYSE:NFB) and its equipment leasing and finance subsidiary, All Points Capital Corp. ("All Points") headquartered in New York announced that it has expanded its nationwide reach through the opening of an origination office headquartered in the Seattle, Washington area.

Mr. Richard Kurz, formerly of Washington Mutual Equipment Finance ("WaMu") and SAFECO Capital Credit Company ("Safeco") will head the office on behalf of All Points as Senior Vice President / Group Manager. The new office will include full service sales and underwriting capabilities and is staffed by several former associates of Mr. Kurz at WaMu and Safeco who have also joined All Points. In addition to the Seattle office, four satellite sales offices have been staffed and opened in Detroit, Boston, Dallas and Minneapolis. Several additional sales offices in the mid-west and western United States are planned.

"With this nationwide expansion of our All Points business we anticipate building upon the considerable success that All Points has experienced since its inception in 2000," said John Adam Kanas, Chairman of North Fork. "Since commencing operations in 2000, All Points has expanded its portfolio to well in excess of $1 billion of loans" he said. "This initiative matches our goal to diversify our portfolio adding higher yielding, quality assets as our deposits continue to grow," he added.

Walter Rabin, President of All Points said "We have been seeking the right people to build our national scope. With this team I am certain we have done just that."

North Fork is a regional bank holding company headquartered in New York conducting commercial and retail banking from 355 branch locations in the Tri-State area, with a complementary national mortgage company business.

North Fork Bancorporation, Inc. Daniel M. Healy, 631-844-1258

[headlines]

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

Your One stop solution for training and reference material for the Leasing Professional


Visit our website by clickng on the logo above

122-A Foothill Blvd., Arcadia, CA. 91006
Voice 626-305-1053 . Fax 626-305-0019 .
ted@cclease.com

News Briefs---

Banks Raising Minimum Credit Card Payments
http://www.washingtonpost.com/wp-dyn/articles/
A9683-2005Feb9.html

Ex-Tyco Finance Chief Didn't Ask for Secrecy on Fee, Witness Says
http://www.nytimes.com/2005/02/09/business/
09tyco.html?pagewanted=all

Bush's budget threatens Amtrak service in region
http://www.boston.com/business/articles/2005/02/09/
bushs_budget_threatens_amtrak_service_in_region/

At Postal Annex's helm
http://www.signonsandiego.com/news/business/
20050208-9999-1b8edd.html

Festive Chinatowns bustle with business Sponsors out in force for Lunar New Year, hoping to reach out to Asian community
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2005/02/08/BUGPCB7D1J1.DTL&type=business

[headlines]

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“ Gimme that Wine”

Murphys' Stevenot Winery files for bankruptcy protection
http://www.modbee.com/business/story/9853029p-10706916c.html

Deborah and Justin Baldwin Honored 2004 Wine Industry Persons of the Year
http://home.businesswire.com/portal/site/google/index.jsp?ndm
ViewId=news_view&newsId=20050207005651&newsLang=en

[headlines]

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This Day in American History

    1773—Birthday of William Henry Harrison, the 9th president of the United States ( March 4-April 4, 1841). His term of office was the shortest in our nation's history-32 days. He was the first president to die in office (of pneumonia contracted during inaugural ceremonies). John Tyler assumed the presidency and historians state his administration was characterized by bickering and frustration, primarily caused by Henry Clay and Daniel Webster over political issues in their own "Whig" party.
    1775 ---English Parliament declares Massachusetts colony is in rebellion.
    1794- The first warship to capture an enemy shop after the Revolution was the U.S.S. Constellation, a 36-gun frigate of 1,265 tons. Off the island of Nevis, West Indies, the 36-gun Constellation, under the command of Commodore Thomas Truston, met and captured the 40-gun French frigate Insurgente, inflicting 70 casualties at the cost of only 4 American casualties. (not to be confused with the U.S.S.) Truxtun was headed for the island of Nevis when he caught sight of the French frigate L'Insurgente . After pursuing the Frenchman, Truxtun prepared for action. However, as the two ships were on the verge of engaging one another, a squall engulfed them, snapping the main topmast of the French frigate. The loss of mobility, coupled with the French tendency to fire high into the opponent's rigging, gave Truxtun a deadly advantage. Unable to maneuver and suffering from heavy damage to her hull by American gunnery, the 40-gun L'Insurgente was defeated by the 38-gun Constellation . The battle had lasted only seventy-five minutes. The Constellation suffered three casualties, compared to seventy sustained by L'Insurgente . "A very fine frigate [is] being added to our infant Navy" was the report sent to Stoddert.
http://www.navysna.org/awards/Hall%20of%20Fame%20Write%
20Ups/Truxton.htm

Constellation which was President Lincoln's flagship or the Federal of Planets Space Ship.)
http://maritimeone.com/id61.htm

http://www.geocities.com/TheTropics/Shores/1258/shipsv.html
http://maritimeone.com/id61.htm.htm
http://antiqbook.com/boox/spo/1110.shtml

    1812-- Pioneer missionary Samuel Newell married fellow Congregationalist Harriet Atwood. They afterward sailed for India with Adoniram and Ann Hasseltine Judson. (Harriet Newell and Ann Judson thereby became the first American women commissioned for missionary work abroad.)
    1825- John Quincy Adams was elected president of the United States by the House of Representatives, into which the election had been thrown by the failure of any of the four candidates to win a majority in the electoral college. Henry Clay, one of the candidates assisted Adams cause in the House. In the four way race of Adams, Andrew Jackson, Henry Clay, and William Crawford Jackson had received more electoral votes than Adams, but no majority.
    1859—Birthday of Carrie Chapman Catt. Very young, Carrie Lane noticed that her mother did not go to vote when her father did and she developed a lifelong devotion to the cause of women's suffrage. She became high school principal at Mason City, Iowa, in 1881. Within a few years she was elected superintendent of schools - one of the first women to fill such an office in the United States. After one year of marriage to Leo Chapman, editor and owner of the Mason City Republican, he died of typhoid fever in 1886. It was then that CCC began speaking and organizing activists for the Iowa Woman Suffrage Association and broke onto the national scene like a rocket. She died in New Rochelle, N.Y., on March 9, 1947. Catt is buried in New York City alongside Mary Garrett Hay with whom she lived from 1905 until Hay's death in 1928. They share a single headstone which reads: "Here lie two, united in friendship for 38 years through constant service to a great cause."
    1861-- Tennessee votes against secession. On June 8, pro-slavery advocates stop anti-slavery voters at the polls, whereupon Tennessee secedes from the Union.
    1886- President Cleveland declares a state of emergency in Seattle because of anti-Chinese violence. These protests were also seen in other Northwest cities due to the influx of “cheap” Chinese labor.
http://immigrants.harpweek.com/ChineseAmericans/Items/Item095L.htm
    1873- In the foremost scandal of the day, Victoria Woodhull, publisher, was arrested for writing that renowned preacher Henry Ward Beecher had committed adultery. The postal authorities charged her with sending obscene literature through the mail. She was acquitted of the charge. What made the event more newsworthy is that Beecher was subsequently sued for alienation of affections by Theodore Tilton. The jury and the public found Dr. Beecher innocent but found Mrs. Tilton guilty.
    1874—Birthday of American poet Amy Lowell, born at Brookline, MA. Her eccentricities inspire more discussion then her poetry. A lesbian and a very fat woman, she wore frilly clothes, smoked cigars, slept during the day, wrote poetry at night and kept all the mirrors in her house covered.
In 1915, anticipating a wartime shortage, Lowell, like George Sand a woman partial to cigars, ordered 10,000 Manilas. Ezra Pound, trying to help place her poetry, made up the "Imagist" movement.
Died Brookline, Ma., May 12, 1925.
http://www.sappho.com/poetry/a_lowell.html
    1900-The great Count Basie bassist Walter Page birthday.
    1904- a tremendous fire that started on February 7 was put out in Baltimore, Maryland, after destroying 2600 buildings in an 80-block area of the business district. It was the biggest fire since the great Chicago fire of 1871. Over $80 million (that day's dollar amount ) in buildings were destroyed.
    1909—Birthday of Carmen Miranda, born Maria do Carmo Miranda da Cunha in Marco de Canavezes, Portugal. Her family moved to Rio de Janeiro when she was about two years old. Her career took off in the carnival of 1930 with the spectacular success of the marchinha "Taí" A popular movie star and singer in her day, she Carmen of a heart attack on August 5, 1955, at home in Beverly Hills, California.
http://www.maria-brazil.org/carmen.htm
    1912—The United States Lawn Tennis Association amended the playing rules for its men's single's championship. The defending champion lost his by directly into the final and was required to play through the tournament.
    1914—Birthday of country and western singer, born at Crip, Texas. Ernest Tubb was the sixth member to be elected to the Country Music Hall of Fame and the headliner on the first country music show ever to be presented at Carnegie Hall. His first major hit, “ Walking the Floor Over You,“ gained him his first appearance at the Grand ole Opry in 1942, and he attained regular membership in 1943. He died September 6,1984, at Nashville, Texas.
    1914—Birthday of Bill Veek, baseball's premiere promoter and showman as an owner of several teams. He integrated the American League, sent a midget to the plate to start a game and, in general, sought to provide fans with entertainment in addition to baseball. Inducted into the Hall of Fame in 1991. Died at Chicago, Il, Jan. 2, 1986.
    1914-Birthday of ecdysiast Gypsy Rose Lee, real name Rose Louise Hovick, born Seattle, Was. died 1970.
http://us.imdb.com/name/nm0497346/
http://www.thrillingdetective.com/eyes/gypsy_rose_lee.html
    1917 -- US: American labor agitator Tom Mooney falsely convicted of fatal bombing. He is Pardoned and released 22 1/2 years from now.
http://www.shapingsf.org/ezine/labor/mooney/

http://www.dartmouth.edu/~library/Library_Bulletin/Nov1989/
LB-N89-VClose2.html

    1933 - The temperature at Moran, WY, located next to Teton National Park, plunged to 63 degrees below zero to establish a state record. The temperature at the Riverside Ranger Station in Montana dipped to 66 below zero to establish a record for the state, and a record for the nation which stood until 1954.
    1934 - The mercury dipped to 51 degrees below zero at Vanderbilt to establish a record for the state of Michigan. The temperature at Stillwater plunged to 52 degrees below zero to establish a record for the state of New York.
    1942- singer-songwriter Carole King was born in Brooklyn, New York. Along with her then-husband Gerry Goffin, King wrote some of the most successful pop tunes of the 1960's. Among them were "Will You Love Me Tomorrow" for the Shirelles, "Up on the Roof" for the Drifters and "The Loco- Motion" for Little Eva. In the '70s, King started concentrating on her singing. Her 1971 album "Tapestry" became the biggest- selling album of all time, although its sales have since been topped by at least two other albums.
    1943- in a major strategic victory, the American 161st and 132nd Regiments retook Guadalcanal in the Solomon Islands on this date after a six-month-long battle. More than 9,000 Japanese and 2,000 Americans were killed. The fierce resistance by the Japanese was an indication to the Allies of things to come. Guadalcanal put the Allies within striking distance of Rabaul, the major Japanese base in the area (as featured in "Victory at Sea".)
    1952---Top Hits
Slowpoke - Pee Wee King
Cry - Johnnie Ray
Anytime - Eddie Fisher
Give Me More, More, More (Of Your Kisses) – Lefty Frizzell
    1944-Jimmy Page, guitarist with Led Zeppelin, is born.
    1960---Top Hits
Teen Angel - Mark Dinning
Where or When - Dion & The Belmonts
Handy Man - Jimmy Jones
He'll Have to Go - Jim Reeves
    1963-Birthday of country singer Travis Tritt.
    1963 - The first Boeing 727 took off, becoming the world's most popular way to fly. Before production was stopped in 1984, 1,832 of the aircraft were built.
    1964 -- Arthur Ashe, Jr., becomes first African American on US Davis Cup Team.
    1964- the Beatles made their live US television debut on "The Ed Sullivan Show." "I Want to Hold Your Hand" could barely be heard over the screams from the audience, who were also treated to "All My Loving," "Till There Was You," "She Loves You" and "I Saw Her Standing There." There were 50,000 requests for the 725 available seats. The Beatles appeared on the show again a week later. Each program was watched by an estimated 70-million people, the highest rating at the time.
    1968---Top Hits
Green Tambourine - The Lemon Pipers
Spooky - Classics IV
Love is Blue - Paul Mauriat
Skip a Rope - Henson Cargill
    1969 - The Boeing 747 took its first flight, ushering flew in the age of the jumbo jet. As manager of the Chamber of Commerce of San Bruno, “The Airport City,” we issued gold, silver, and copper coins to celebrate the event. They are considered collected items today.
    1969 - Roslyn Kind quietly made her television debut on "The Ed Sullivan Show". Ed said she was "...America's teenager who wasn't protesting or playing a guitar." Although she only appeared once, her sister appeared many times. Roslyn Kind is Barbra Streisand's sister.
    1970 - Sly and The Family Stone were awarded a gold record for the single, "Thank You (Falettinme Be Mice Elf Agin)". At the time Sly (Sylvester) Stewart was a disc jockey in Oakland, California.
    1971 - An earthquake measuring 6.6 struck the San Fernando Valley in California, killing 58 people. Property damage reached $900 million.
    1971 -- Satchel Paige becomes first Negro-league player elected to baseball Hall of Fame.
Sometimes I feel like I will never stop
Just go forever
Till one fine morning
I'll reach up and grab me a handful of stars
and swing out my long lean leg
and whip three hot strikes burning down the heavens
and look over at God and say
How about that!
— Samuel Allen, "To Satch"
http://www.negroleaguebaseball.com/history101.html
    1975-- Cher's solo TV show premiered. Among the guests were Elton John, Bette Middler and Flip Wilson.
    1976---Top Hits
50 Ways to Leave Your Lover - Paul Simon
Love to Love You Baby - Donna Summer
You Sexy Thing - Hot Chocolate
Sometimes - Bill Anderson & Mary Lou Turner
    1984---Top Hits
Karma Chameleon - Culture Club
Joanna - Kool & The Gang
Running with the Night - Lionel Richie
Show Her - Ronnie Milsap
    1987 - Just twenty years after the first woman was admitted to the New York Stock Exchange, the Exchange Luncheon Club decided to put in a women's rest room. Prior to this gracious offer, the women had to walk down a flight of stairs.
    1987 - A storm off the Atlantic coast produced high winds and heavy snow in the northeastern U.S., with blizzard conditions in eastern Massachusetts. Wind gusted to 80 mph and 23.4 inches of snow produced drifts eight feet high at Cape Cod MA. It was the worst blizzard in thirty years for the Cape Cod area. Winds in some of the mountains and ridges of the Appalachian Region gusted to 100 mph
    1992-Three months after announcing his retirement ( On November 7,1991) from the NBA because he had been infected with HIV, Magic Johnson led the West to a 153-113 victory over the East in the 42 nd NBA All-Star Game. Magic was named All-Star Game MVP for the second time.
    1997 - "The Simpsons" became the longest-running prime-time animated series. The record was previously held by "The Flintstones".

[headlines]

--------------------------------------------------------------

Winter Poem

-- This Is Just to Say

by William Carlos Williams

I have eaten
the plums
that were in
the icebox

and which
you were probably
saving
for breakfast

Forgive me
they were delicious
so sweet
and so cold

[headlines]

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