text:
145 U.S. 492 - McDonald v. Belding
the United States Reports
145 U.S.
145 US 492 McDonald v. Belding
145 U.S. 492
12 S.Ct. 892
36 L.Ed. 788
BELDING et ux.
STATEMENT BY MR. JUSTICE HARLAN.
The appellees, Belding and wife, being in possession of a tract of land within the Hot Springs reservation, now known as lot 9, block 68, in the city of Hot Springs, Ark., leased the same, April 24, 1874, to Frank Flynn for the term of five years, at an annual rent of $200, the rent to cease whenever the lessors were unable to protect him in the possession and enjoyment of the lot; and the lessee to have the right, at any time within 30 days after the expiration of the term, to remove all buildings and improvements put upon the land, first paying any rent in arrear.
The lessee covenanted for himself and egal representatives to waive all benefit that might accrue to him or them in the way of title to the demised premises by virtue of occupancy or settlement, and to hold the same only as the tenant or tenants of the lessors, and fully subject to the covenants contained in the lease.
Flynn presented his petition to the Hot Springs commission organized under the act of congress of March 3, 1877, (19 St. p. 377,) claiming to be entitled, by right of occupancy and improvements made before April 24, 1876, to purchase the above lot. The petition referred to Belding as claiming the land prior to his occupancy, and stated that he (Flynn) had not 'recognized Belding as landlord since the supreme court of the United States decided the title to be in the United States.' The plaintiffs, also, presented their petition to the commission, and claimed the right to purchase this lot from the government.
The commission adjudged December 8, 1877, that Flynn was entitled to purchase the lot; and subsequently, May 21, 1881, the United States issued a patent to him, based upon the judgment rendered by the commission.
By deed of July 21, 1884, Flynn ( his wife uniting with him) made a quitclaim deed of the premises to the appellant, McDonald, the recited consideration being $8,500 cash in hand paid to the grantors. This deed was duly acknowledged by Flynn, August 2, 1884, and by Mrs. Flynn, July 28, 1884, and was filed for record in the proper office, August 2, 1884.
The present suit was brought by Belding and wife, December 19, 1884, more than seven years after the adjudication by the Hot Springs commission in favor of Flynn, and more than three years after Flynn received the patent from the United States. It proceeds upon the ground that the commission committed an error of law in awarding the right to purchase this lot to Flynn rather than to then. The bill charged that Flynn 'has recently executed to the defendant Michael McDonald, without consideration, and for the purpose of defrauding plaintiffs, a fraudulent deed of conveyance, purporting to convey said lot to him for eight thousand five hundred dollars, when, in fact, nothing was paid by him for it; that defendant knew at the time of the making of said deed, and of the said pretended purchase, of the tenancy of the said Flynn as aforesaid, and of the rights of the plaintiffs.'
The relief asked was an accounting with reference to rents, and a decree adjudging the deed to McDonald to be fraudulent and void, and declaring the lot to be held in trust for plaintiff, or for plaintiff George Belding.
Flynn, in his answer, met all the material allegations of the bill. He alleges that the plaintiffs never sought to disturb the award of the commission until the bringing of this suit, 'up to which time plaintiffs, and especially plaintiff George Belding, had asserted and insisted that the said award and all other awards of the commission were right, and ought not to be disturbed; that on the 21st day of July, 1884, this defendant, believing he had a clear title to said lot, sold it to the defendant, McDonald, as aforesaid, and executed to him a quitclaim deed therefor.'
McDonald, in his answer, said: 'He knows nothing of the lease alleged to have been executed between plaintiffs and his codefendant, Frank Flynn, nor of the alleged relation of landlord and tenant between them, nor of the alleged proceedings before said commissioners, but that if said relation ever did exist it was dissolved in June, 1876, by the United States, through their receiver taking possession of said land under paramount title; that defendant Flynn had then valuable improvements upon said lot, which he could not lawfully remove, and to avoid losing them filed a petition before said commissioners setting forth that fact, and praying them to award the preference right to purchase it from the United States; that he supported said petition by evidence, and that said commissioners awarded said right to him, and that he afterwards purchased said lot from the United States, and on the 21st day of May, 1881, obtained a patent for it, a copy of which is annexed hereto and made part of this answer as Exhibit A; that on the 21st day of July, 1884, this defendant, finding the title to said lot to be in said defendant Flynn, and knowing nothing whatever of plaintiffs' alleged claim to it, bought it from him for the sum of eighty-five hundred dollars ($8,500) in cash, and obtained from him a quitclaim deed thereto; that he never heard of any claim of plaintiffs until he made said purchase and paid said money; that plaintiffs never until since said purchase sued for said lot or put any claim of record; that said deed and sale to this defendant were not made without consideration nor to defraud plaintiffs, but are made in good faith.' The defendant annexed to and made part of his answer a copy of the deed to him from Flynn.
By an interlocutory decree it was declared that the commission, by error and mistake of law, awarded to Flynn the right to purchase the lot in question, and that the title, interest, and estate of the several defendants should be transferred to and vested in the plaintiffs. The cause was thereupon referred to a special master for report as to rents, taxes, and improvements. By the final decree the relief asked by the bill was given.
John McClure, for appellant.
R. G. Davies, U. M. Rose, and G. B. Rose, for appellees.
Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.
According to the evidence in the cause, McDonald paid in cash the full consideration recited in the deed from Flynn, without actual notice of any claim to the property by the plaintiffs, or either of them. Did he have such constructive notice of the plaintiffs' claim as deprived him of the right to be regarded as a bona fide purchaser for value? It is said that in Arkansas no one can be deemed an innocent purchaser if he holds under a quitclaim deed. In that state, 'a quitclaim deed is a substantive mode of conveyance, and is as effectual to convey all the right, title, interest, claim, and estate of the grantor as a deed with full covenants, although the grantee has no possession of or prior interest in the land,' and it is not necessary that a vendee hold 'under a deed with general covenants of warranty to entitle him to protection as an innocent purchaser;' although, where 'a person bargains for and takes a mere quitclaim deed, or deed without warranty, it is a circumstance, if unexplained, to show that he had notice of imperfections in the vendor's title, and only purchased such interest as the vendor might have in the property.' Bagley v. Flecher, 44 Ark. 153, 160; Miller v. Fraley, 23 Ark. 735, 740.
In Gaines v. Summers, 7 S. W. Rep. 301, 50 Ark. 322, 327, 328, the court, after referring to the fact that a deed recited a consideration of only five dollars for real estate which had cost $6,000, said: 'Add to this fact that the conveyance executed was a quitclaim deed, and the conclusion that Mrs. Saunders did not acquire a good and valid title, in the absence of an explanation, would be irresistible. It was, at least, sufficent to have put appellants on inquiry, which, if they had prosecuted with ordinary diligence, would, doubtless, have led to actual notice of the facts as shown by the evidence in this case. But they prosecuted no inquiry, and it follows that they are not bona fide purchasers without notice.' In the same case it was said that a person purchasing an interest in lands 'takes with constructive notice of whatever appears in the conveyances constituting his chain of title;' and that, if anything appeared in such conveyances, sufficient to put a prudent man upon inquiry, it was his duty to make the inquiry, and he would be charged by the law with the actual notice he would have received if he had made it. These cases fall far short of sustaining the broad contention of the plaintiffs in respect to quitclaim deeds. On the contrary, they show that, in Arkansas, one may become entitled to protection as a bona fide purchaser for value, although holding under a deed of that kind. Applying the principles of those cases to the present case, we are of opinion that McDonald is entitled to protection as an innocent purchaser. The deed that he accepted was not drawn as a quitclaim deed pursuant to any specific direction given by him. So far as the evidence discloses, the amount paid by him was the full value of the property. If he had, before purchasing, instituted an inquiry as to the title, so far as it was shown by the record of deeds, he would not have found any title of record in the plaintiffs. But he would have found that Flynn held under a patent from the United States based upon a claim established in favor of the patentee, under the acts of congress relating to the Hot Springs reservation. It is true that if he had caused the proceedings of the Hot Springs commission to be examined he would have seen that Belding contested, with Flynn, before that tribunal, the right to purchase the lot here in dispute. But he would also have learned that Flynn's right was recognized by the commission, and, from the records of the courts, state and federal, he would have learned that more than seven years had then elapsed without legal proceedings upon the part of the plaintiffs questioning the correctness or validity of the judgment by that tribunal in favor of Flynn. He might well have supposed that Belding had acquiesced in the judgment. Under all the circumstances, it cannot be held that McDonald, although taking a quitclaim deed, was chargeable, when he purchased, with notice of any existing claim to the property upon the part of the plaintiffs, or of either of them.
It is contended that the answer of McLonald does not support the defense of being an innocent purchaser, in that, while denying notice of the plaintiff's claim at the time of the payment of the purchase money, it did not deny that he had such notice at the time of the delivery of the deed to him. This position is supposed to be sustained by Byers v. Fowler, 12 Ark. 286, and Miller v. Fraley, 21 Ark. 22. In the first of those cases, the court, observing that the protection of a bona fide purchase is necessary only when the plaintiff has a prior equity which cannot be barred or avoided except by the union of the legal title with an equity arising from the payment of the money and receiving a conveyance without notice, and with a clear conscience, said: 'Notice must be denied previous to and down to the time of paying the money and the delivery of the deed.' In the other case, the language of the court was: 'The answer of Green wood & Co. should have positively denied notice of the fraud down to the time of paying the consideration and receiving the deed.' The general rule announced in those cases applies where the payment of the consideration and the acceptance of a deed by the purchaser occur at different times. In such cases, the denial of notice, in order to support a claim to protection as a bona fide purchaser, must relate both to the time when the deed is delivered, and to that when the consideration was paid. But, where it appears upon the face of the answer that the purchase for a certain price and the delivery of the deed were at the same time, and as parts of one transaction, the denial of notice until the defendant had made the purchase is equivalent to a denial of notice at the delivery of the deed. McDonald's answer denies every circumstance set forth in the bill from which notice could be inferred. He expressly alleges in his answer that he never heard of any claim of the plaintiffs until he had made the purchase and paid in cash the sum of $8,500 for the property. And in his deposition he distinctly states that he first knew of the plaintiffs' claim when he received notice of this suit. His evidence is not contradicted by anything in the record. This is a substantial compliance with the rule announced in the cases last cited.
It is proper to say that the present case is unlike Rector v. Gibbon, 111 U. S. 276, 4 Sup. Ct. Rep. 605. That case did not present any question in respect to the rights of a bona fide purchaser for value from the person to whom the Hot Springs commission accorded the right to purchase.
The decree is reversed, with directions to dismiss the bill.


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text:
← Chinatown Beat, by Henry Chang
Telling Tales, by Ann Cleeves →
Havana Red, by Leonardo Padura
HAVANA RED
Havana Red by Leonardo Padura
Translated by Peter Bush
Bitter Lemon Press 2005 (first published in Spanish in 1997)
The Havana Quartet, of which this novel is the first, is a highly regarded contribution to the crime-fiction genre. The story is at first straightforward: a young man is found murdered in the woods outside the town of Havana, a well-known night-time pick-up haunt for homosexuals and others outside the mainstream who are unloved by the government. The man, a "carnivalesque creature", is wearing a red dress and is made up like a woman. He's been killed by being strangled by a red scarf which is still tightly wrapped round his neck. Oddly, he seems to have put up no resistance to his murder.
The policeman who is given the case is Inspector Mario Conde, whose father was a Count in the old regime of Cuba but who now lives in relative poverty alongside almost all other citizens of this anomalous island. His closest companion is an old schoolfriend Carlos, a.k.a. "Skinny", nowadays an obese man who is wheelchair-bound after his service in the army's Angolan campaign. The two men cope together with the extreme heat and the trials and tribulations of living in a country where there isn't much of anything and where the laws are oppressive.
The murder victim is called Alexis Arayan, the son of well-to-do parents. His mother is devastated, and his father, a UN ambassador, is called back from his current overseas mission. Conde soon finds out that Alexis was not living at home but with a playwright called Alberto Marques, at first presented as a decadent, slug-like person who Conde suspects had influenced the young man into a world of shady transsexuals and drug-induced excess. Conde repeatedly refers to himself as a red-blooded male, and is revolted by the concept of homosexuality, transvestism and all other aberrations of human nature, as he sees them. Marques is a patient man, and almost despite himself, Conde finds himself willing to learn about these practices in order to find out more about the murder victim and how he might have died. Part of the novel is about Conde's journey of discovery towards a more enlightened perspective rather than his instinctive revulsion of "deviants". When he was a young man he wanted to be a writer. He wrote a short story but while it was in the press at a magazine, the publication was shut down by the government for being anti-Communist. Conde never wrote again, instead becoming a policeman. Now, as he becomes more open-minded under Marques's guidance, his muse returns to him – all highly allegorical of the country itself. The story of Marques and Conde is heavily influenced by the Cuban writer Virgilio Pinera, for many years banned in Cuba, and whose play Electra Garrigo, based on the Greek tragedy of Agamemnon and his family, forms an integral part of the plot (the dead man's red dress was worn in the play). Padura himself is an advocate of Pinera's work.
Conde spends most of the novel distracted into these avenues, allowing himself to attend a transvestite's party and picking up a young woman there. In the meantime, his professional and focused sergeant pursues a more conventional approach to investigating the crime, asking witnesses and suspects pertinent questions and so on. Conde does return to the case near the end, and does not take long to nail it down.
I have to say I didn't like this book much because of its relentless sexism, objectifying all young females. Any woman under the age of 60 (mothers and old servants are tolerated so long as they just cook and keep out of the way) is treated with contempt by the male characters, including in Conde's fictional work, although I assume that his short story is an allegory with the woman character representing the political repression meted out to the populace.
Although I am no prude so did not mind the very up-front, often very funny, dialogue, I really hated the constant and explicit male-wish-fulfilment sexual aspects. I quite liked all the literary and philosophical digressions, indeed without them the crime would have been solved very quickly and there wouldn't have been much of a book. I also liked the laconic humour and political manoeuvrings of the police station and force, though there was not enough of this for my taste. The author is interested in doing more than just tell the story of a crime, though, and I liked the many implicit political and social points he is making, and appreciated the literary depth of the book. I am not so sure I could tolerate reading any more of the series. It was all a bit intense and sexist for me, even though I can understand the popularity and plaudits that the series has attracted, on the basis of this first outing. [Correction note - although this is the first of the series to be translated, it is not the first of the series. See comment from Jose Ignacio at the Petrona link below.]
Review first posted at Petrona, August 2010.
This entry was posted in Books, Central America, Crime fiction, Cuba, Police procedural, Series, Social comment, Translated and tagged crime fiction, cuba, police procedural, political thriller. Bookmark the permalink.

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Thailand restricts and prohibits economical areas and business categories for foreigners primarily in the Foreign Business Act (A.D.1999). Under the Foreign Business Act (FBA) foreigners are prohibited from engaging in most business categories in Thailand, unless an alien business operation permit has been obtained from the Director-General of the Department of Commercial Registration with the approval of the Foreign Business Committee. Separate laws control foreign ownership of land as well as such activities as banking, insurance, finance and shipping.
When it comes to the intent to operate a business as a foreigner in Thailand the approval requirement under the Foreign Business Act B.E. 2542 must be complied with. Foreigners can be granted a foreign business license for certain business categories (or may be granted an exemption based on a treaty or specific act (investment promotion)).
List 1: Generally those businesses listed in list 1 are absolutely prohibited to foreigners unless there is an exemption contained in a special law or treaty.
List 2: Refers to businesses owned by foreigners that were in existence and actually operating prior to the enactment of the Foreign Business law. These businesses were permitted to apply for a special Alien Business license and to continue operating. Foreigners, however, are not permitted to start new businesses listed in this category unless they obtain special permission from the Minister with the approval of the Cabinet.
List 3: These businesses are treated in a manner similar to those in list 2 except that the power to grant an Alien Business License to foreigners who wish to start a new business is vested with the Director General and a committee. Exemptions are possible under the Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America. Also, the Board of Investment may grant exceptions for businesses covered by Lists 2 and 3.
As it is very complicated and often impossible to obtain a foreign business license most foreigners operate a business without a foreign business license or exemption even though these business categories are restricted or prohibited for foreigners. These foreigners have a work permit issued under a Thai company and operate their business through a Thai limited company. Thai company means under the current Foreign Business Act that half or more of the juristic person's shares are held by Thais. Foreigners are under the current FBA allowed to have majority voting rights and control in a Thai limited company through preference shares and weighted voting rights. The most popular form of business entity among foreign investors is therefore the private limited company.
A Thai company is not subject to the Alien Business Act and when a partly foreign owned Thai company is structured as majority Thai owned it is deemed that the business is operated by a Thai entity (not foreign/alien) and the company will in principle be regarded as a Thai company and therefore, as a Thai juristic person, the company will not be restricted by the Foreign Business Act.
Some foreigners invest in a Thai business or operate a Thai company with a Thai or foreign partner in the company, in such structures it is recommended to specify in the articles of association (the user's manual of the company) the procedures, duties and authority of directors, such as procedures for the making of decisions and (limited) individual authority to manage and sign on behalf of the company.
By using Thai nominee shareholders and preference share structures foreigners have been able to circumvent foreign ownership and business restrictions through Thai limited companies. Foreigners are allowed to control the company as a minority shareholder and are allowed to be appointed as the managing director of the company under the current Foreign Business Act, however the use of Thai nominees by foreigners is and always has been illegal (sections 36 & 37 FBA).
A nominee under the foreign business act is a Thai person or Thai company registered as shareholder in the company but who holds the shares on behalf of the foreigner. The actual owner of the shares is the foreigner, however on paper the Thai shareholder is registered as the owner which is illegal.
The (previous) government announced plans to close this 'loophole' by amending the Foreign Business Act. The amendments would mean that Thai companies (i.e. majority Thai owned) controlled by foreigners would be deemed foreign companies and would require a foreign business license or would need to restructure and limit foreign control in the Thai company. The new law would likely not work retrospective but would affect existing companies as under the Civil and Commercial Code directors in the company must rotate and be re-elected which is part of the yearly general meeting of shareholders. Under the new law (if these plans would become law) the company would make itself foreign by re-electing a foreigner as managing director.
a juristic person having the persons under (1), (2) or (3) investing with the value of half or more of its total capital.
New regulations, the land office guidelines and business registration rules, continue on this principle and require in certain situations from the Thai shareholders in a partly foreign owned company evidence which shows the source of their funding. According to new rules the Thai shareholders in a company with foreign participation (company promoters) will be requested to submit evidence of financing used to hold shares, including bank statements and other documents.
The business registration rules do not determine the status of the Thai shareholders (nominee or not) and there is no guarantee that the Thai company would be immune from investigation at a later date, it must prevent the use of Thai nationals as nominees. If Thai nominee shareholders are used (section 36 and 37 Foreign Business Act) will be determined by a criminal investigation, declarations of the suspects involved, evidence submitted and finally by judgment of a court.
Most of the accounting and law offices in the tourist areas like Samui, Pattaya and Phuket aiming their services at foreigners circumvent the new regulations and are now setting up companies as a 100% Thai owned or without foreign management and transfer the shares and company control to the foreigner after the formation and registration of the company. In practice this prevents only a first investigation when registering the company (anti-nominee regulations are circumvented). It does not protect the foreigner from any future checks and investigations, and if there is a breach with the Foreign Business Act or the company is set up as a company with nominee shareholders or as a 'land holding company' the foreigner is liable for severe penalties, criminal prosecution and removal of the company from the Registrar of Companies. Simply because of the nominee shareholding structure the company is in fact foreign owned and not considered a Thai company.


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text:
Der Blusenkönig ist ein deutscher Stummfilm in drei Akten von Ernst Lubitsch aus dem Jahr 1917. Er zählt zu den fragmentarisch erhaltenen Filmen des Regisseurs.

Inhalt

Sally Katz ist Kommis einer Modewarenabteilung. Wegen frechen Verhaltens entlassen, findet er über eine Annonce beim Blusenhändler Lippmann eine neue Anstellung. In der Folge erzielt er mit Witz und Chuzpe Rekordumsätze und hängt die Konkurrenz ab. Sally steigt zum Teilhaber der Firma auf. Die garstige Tochter des Chefs macht ihm Avancen. Glück im Unglück ist, dass Lippmann Sally bittet, kein Verhältnis mit seiner Tochter zu beginnen. Stattdessen bietet er ihm den Chefsessel an und Sally willigt ein, hat er sich doch sowieso längst heimlich in die Konfektioneuse verliebt.

Produktion

Die Dreharbeiten fanden von April bis Mai 1917 in den Ufa-Union-Ateliers Berlin-Tempelhof statt. Die Kulissen wurden von Paul Leni geschaffen. Der Film hatte am 2. November 1917 im U.T. Kurfürstendamm in Berlin Premiere.

Das erhaltene Fragment des Films zeigt rund einen Drittel des Gesamtwerkes.

Der Blusenkönig gehörte zu einer Reihe von Filmen, in der die von Lubitsch dargestellte Figur des Sally auftritt. Oft kam diese Figur zum Beispiel als kleiner Lehrling aus einer Klein- in eine Großstadt und stieg in der Folge gesellschaftlich auf. Beispiele dafür sind 1916
Schuhpalast Pinkus mit Lubitsch als Sally Pinkus und 1916 Der G.m.b.H.-Tenor mit Lubitsch als Sally. Weitere Figuren mit dem Namen Sally, die von Lubitsch dargestellt werden, finden sich 1918 in Der Rodelkavalier (Sally Pinner), Der Fall Rosentopf (Sally) sowie Meyer aus Berlin (Sally Meyer).

Kritik

Die zeitgenössische Kritik lobte die Situationskomik des Films und den Humor "in den Zwischentiteln, der ganz in dem Ton der Konfektion gehalten ist und herzlich belacht wird".

Weblinks

Einzelnachweise

Filmtitel 1917
Deutscher Film
Schwarzweißfilm
Stummfilm
Filmkomödie
Fragmentarisch erhaltener Film
Ernst Lubitsch

redpajama_set_name: RedPajamaWikipedia


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Huang L., Lv D., Liu G., 2018, Optimization of the Pyrolysis Gasoline Hydrogenation Reactor Considering the Hydrogen Network Integration , Chemical Engineering Transactions, 70, 613-618.
A mathematical model is developed considering the pyrolysis gasoline (pygas) hydrogenation kinetic, the temperature of the second-stage pygas reactor, hydrogen network integration, the variation of catalyst activity and product quality along time. The industrial data is employed to fit the linear equation about the average temperature of the second-stage reactor and operation time of catalyst. The relationship between catalyst activity and operation time is deduced, and the temperature of second-stage reactor is optimized within a certain range with the product quality requirements satisfied, as well as the economic benefit. Case study shows that this model can provide guidance for the design and improvement of pygas hydrogenation process.


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This house / villa of 150 m² (about 1612 ft²), with a land size of 800 m² (about 0,20 acres) contains 7 rooms including 4 bedrooms, 1 bathroom, 1 shower room and 2 toilets. It is equipped with a living room and with dining room. Heating : individual fuel oil.


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After mass shootings like Uvalde, national gun control fails — but states often loosen gun laws
Christopher Poliquin, UCLA
Credit: Allison Dinner/AFP via Getty Images
A girl cries outside the Willie de Leon Civic Center in Uvalde, Texas, on May 24, 2022.
Calls for new gun legislation that previously failed to pass Congress are being raised again after the May 24, 2022, mass shooting at an elementary school in the small town of Uvalde, Texas.
An 18-year-old shooter killed at least 19 fourth grade students and two teachers at Robb Elementary School, marking the deadliest school shooting in the U.S. in a decade.
The U.S. has been here before — after shootings in Tucson, Aurora, Newtown, Charleston, Roseburg, San Bernardino, Orlando, Las Vegas, Parkland, El Paso, Boulder, and 10 days earlier at a grocery store in Buffalo, N.Y.
Gun production and sales in the U.S. remain high, following a purchasing surge during the COVID-19 pandemic. In 2021, the firearms industry sold about six guns for every 100 Americans.
Senator Chris Murphy of Connecticut was among the Democratic politicians who pleaded for action on gun control as horrifying details of the Uvalde school shooting unfolded.
"What are we doing?" Murphy asked other lawmakers, speaking from the Senate floor on the day of the shooting. "Why are you here if not to solve a problem as existential as this?"
Congress has declined to pass significant new gun legislation after dozens of shootings, including those that occurred during periods like this one, with Democrats controlling the House of Representatives, Senate and presidency.
This response may seem puzzling given that national opinion polls reveal extensive support for several gun control policies, including expanding background checks and banning assault weapons.
In October 2021, 52 percent of people polled by Gallup said that they thought firearm sales laws should be made more strict.
But polls do not determine policy.
I am a professor of strategy at UCLA and have researched gun policy. With my co-authors at Harvard University, I've studied how gun laws change following mass shootings.
Our research on this topic finds there is legislative activity following these tragedies, but it's at the state level.
U.S. Senator Richard Blumenthal (D-Conn.) speaks to the media as teachers, parents and residents from Newtown, Conn. – where the Sandy Hook school massacre happened – listen after a Capitol Hill hearing on Feb. 27, 2013, on the Assault Weapons Ban of 2013. Credit: Alex Wong/Getty Images
Restrictions loosened
Stricter gun laws at the national level are more popular among Democrats than Republicans, and major new legislation would likely need votes from at least 10 Republican senators. Many of these senators represent constituencies opposed to gun control.
Despite national polls showing majority support for an assault weapons ban, not one of the 30 states with a Republican-controlled legislature has such a policy.
U.S. Texas Senator Ted Cruz said on May 24 that more gun control laws could not have prevented the Uvalde attack, explaining "that doesn't work, it's not effective, it doesn't prevent crime."
The absence of strict control policies in Republican-controlled states shows that senators crossing party lines to support gun control would be out of step with the views of voters whose support they need to win elections.
But a lack of action from Congress doesn't mean gun laws are stagnant after mass shootings.
To examine how policy changes, we assembled data on shootings and gun legislation in the 50 states between 1990 and 2014. Overall, we identified more than 20,000 firearm bills and nearly 3,200 enacted laws. Some of these loosened gun restrictions, others tightened them, and still others did neither or both — that is, tightened in some dimensions but loosened in others.
We then compared gun laws before and after mass shootings in states where mass shootings occurred, relative to all other states.
Contrary to the view that nothing changes, state legislatures consider 15 percent more firearm bills the year after a mass shooting. Deadlier shootings — which receive more media attention — have larger effects.
In fact, mass shootings have a greater influence on lawmakers than other homicides, even though they account for less than 1 percent of gun deaths in the United States.
As impressive as this 15 percent increase in gun bills may sound, gun legislation can reduce gun violence only if it becomes law. And when it comes to enacting these bills into law, our research found that mass shootings do not regularly cause lawmakers to tighten gun restrictions.
In fact, we found the opposite. Republican state legislatures pass significantly more gun laws that loosen restrictions on firearms after mass shootings.
In 2021, Texas Governor Greg Abbott signed a new law that eliminated a requirement for Texans to obtain a license or receive training to carry handguns. This came two years after a 2019 mass shooting at a Walmart in El Paso.
That's not to say Democrats never tighten gun laws — there are prominent examples of Democratic-controlled states passing new legislation following mass shootings.
California, for example, enacted several new gun laws following a 2015 mass shooting in San Bernardino. Our research shows, however, that Democrats don't tighten gun laws more than usual following mass shootings.
After the Buffalo shooting in early May 2022, New York Governor Kathy Hochul said that she would work to increase the age for legal gun purchasing from 18 to 21 "at a minimum."
In August 2018, Moms Demand Action hosted a rally at New York City's Foley Square to call upon Congress to pass gun safety laws. Credit: Erik McGregor/LightRocket via Getty Images
Ideology governs response
The contrasting response from Democrats and Republicans is indicative of different philosophies regarding the causes of gun violence and the best ways to reduce deaths.
While Democrats tend to view social factors as contributing to violence, Republicans are more likely to blame the individual shooters.
Cruz, for example, has said that stopping individuals with criminal records from committing violence could help prevent mass shootings.
Politicians favoring looser restrictions on guns following mass shootings frequently argue that more people carrying guns would allow law-abiding citizens to stop perpetrators.
In fact, gun sales often surge after mass shootings, in part because people fear being victimized.
Democrats, in contrast, typically focus more on trying to solve policy and societal problems that contribute to gun violence.
For both sides, mass shootings are an opportunity to propose bills consistent with their ideology.
Since we wrote our study of gun legislation following mass shootings, which covered the period through 2014, several additional tragedies have energized the gun control movement that emerged following the December 2012 shooting at Sandy Hook Elementary School in Connecticut. These include the May 2022 shooting at the Tops grocery store in Buffalo, as well as the Uvalde school massacre.
While President Joe Biden issued executive orders in 2021 with the goal of reducing gun violence, action in Congress remains elusive. States, meanwhile, have been more active on the issue.
Student activism following the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, did not result in congressional action but led several states to pass new gun control laws.
With more funding and better organization, this new movement is better positioned than prior gun control movements to advocate for stricter gun policies following mass shootings. Public outcry and devastation over the Uvalde shootings will likely provide fuel to this advocacy work.
But with states historically more active than Congress on the issue of guns, both advocates and opponents of new restrictions should look beyond Washington for action on gun policy.
This is an updated version of an article originally published on March 21, 2021. This article was updated to indicate there were 10 days between the Buffalo, New York and Uvalde, Texas shootings.
This article was written by Christopher Poliquin, assistant professor of strategy, University of California, Los Angeles Anderson School of Management. This article is republished from The Conversation under a Creative Commons license. Read the original article.
Grad Slam is on! Grad students prepare to wow with 3-minute…
Annual contest challenges master's and Ph.D. students to explain their research — succinctly — to a general audience.
Your monkeypox questions answered as vaccine access expands
Infectious disease doctors say most people who get infected do not require hospitalization and the chance of contracting it remains "very low."


Last week Carter Design Group's new website was 'soft' launched. Carter Design Group, based in the small Leicestershire village of Foxton, are point of sale display designers, manufactures and installers.
The website was designed by Wavy at The Mitchesons, while we worked on the site's architecture and turning the design into a responsive WordPress template.
Less than a month since going live, the search engine results are very pleasing. For terms such as "point of sale designer" and "point of sale design" they rank 3rd and 5th in Google respectively. For "grocery merchandising" they are #2.
While this represents a great start to our SEO efforts, there is still much to do!


Divide bread between two greased 8-oz. baking dishes; set aside. In a bowl, beat eggs, milk, sugar, cinnamon, nutmeg and salt. Pour over bread. Bake, uncovered, at 350° for 40-45 minutes or until a knife inserted in the center comes out clean. Cool slightly. Serve warm.
1 each: 318 calories, 10g fat (4g saturated fat), 229mg cholesterol, 338mg sodium, 45g carbohydrate (32g sugars, 1g fiber), 12g protein.
Super easy, super good. I added a little maple extract, chopped apples, and walnuts. Drizzled maple syrup over the top when done.
Wow! This is a keeper!
This is an excellent bread pudding recipe, it makes a perfect amount for 2 people. I used leftover sourdough bread and added a 1/4 tsp vanilla (I love vanilla). My husband had his with ice cream. We both loved this and I am making it again this weekend. I highly recommend this recipe! Thank You!
I made this recipe for two people....to eat for days....with all of the ends of bread loaves that we keep in the freezer for no good reason. The bread was not stale, so I toasted it. I used 6 1/2 cups of buttered bread squares and filled a bundt pan and only tripled the rest of the ingredients (had to cook it an extra 7 minutes). Increasing the liquid ingredients to match the increase in bread would have resulted in an inundated mess. Glad I didn't. Anyhow... it was beautiful, easy, and delicious. Thank you!
It was tasty. I liked that it was the right amount. Will make again.
This was fabulous. I added some vanilla extract and some peaches. This was an easy recipe to make and boy was it yummy! I would absolutely do it again.
Yummy! Perfect little dessert for two. Didn't change a thing and it was perfect!


Earlier in the week, we decided to try and build our own step pyramid out of the many shoe boxes that had been brought in. First we had to get them organised. There were several suggestions as to how to do this, but eventually we agreed to sort them according to their height.
Then we began the process of building a base for our pyramid. Eventually, the pyramid began to take shape.
What do you think of our efforts? Let us know in the comments.


PHR began its advocacy work in Mexico in the 1990s, investigating reports of torture and violations of medical neutrality in the state of Chiapas following an attempted uprising by the Zapatista National Army of Liberation. The findings were published in a 1994 report with Human Rights Watch titled "Mexico: Waiting for Justice in Chiapas," which called upon the Mexican government to end impunity and prosecute those responsible for the crimes.
PHR returned to Chiapas in 2006 to assess the negative impact that ongoing,low-intensity conflict in the country's southern state was having on the health and human rights of civilians. The report, "Excluded People, Eroded Communities: Realizing the Right to Health in Chiapas, Mexico," found that the conflict had limited the availability of health services, causing increased maternal mortality, childhood malnutrition, and pulmonary tuberculosis.
PHR continued to do work in 2008, publishing a report that documented the Mexican government's historic attempt and ultimate failure to implement international standards for forensic evaluations of torture and ill-treatment. Additionally, PHR scientists conducted a forensic review of the investigation by Mexico's Attorney General into the October 2006 death of American Brad Will.Will, a video-journalist, died of gunshot wounds while covering violent protests in the state of Oaxaca. At issue in this case is whether Will was killed by bullets fired at close range from within the crowd of protestors, or from a greater distance by paramilitary forces. Based on PHR's review and in light of allegations of corruption and mismanagement of the investigation by Oaxacan authorities, PHR recommended an exhaustive and complete federal-level inquiry into Will's death and into the deaths of others killed and injured in political violence in Oaxaca between 2006 and 2008.


text:
Local GOP officials dismiss voting privilege from PCO
Committee members say Allsup, his beliefs 'have no place here'
Chairwoman Sandi Brabb, left, and State Committeeman John Brabb, right, discuss James Allsup's role as a precinct committee officer Saturday at the Commissioners Chambers.
PAIGE CAMPBELL | THE DAILY EVERGREEN
ANGELICA RELENTE, Evergreen news editor
Filed under Local, News, Politics, Showcase, Top-feature
Whitman County Republican Central Committee officials unanimously voted to withdraw James Allsup's voting seat as a precinct committee officer (PCO) on Saturday during the WCRCC meeting.
A precinct committee officer participates and assists during political campaigns. Allsup initially gained the position due to an uncontested race, according to an Evergreen article.
Chairwoman Sandra Brabb said Allsup will not be recognized as a member of the committee and will have a PCO captain take his place. 60 percent of the total voting members must be present, and only 60 percent of those present are required to vote in approval. 12 voting members were present in the meeting.
A vetting committee comprised of four members recommended that Allsup should not be allowed to vote. Allsup, the former president of WSU College of Republicans, helped with the 2016 presidential election but "dropped off the deep end," State Committeeman John Brabb said.
One of John's concerns is whether Allsup still lives in Whitman County. He said Allsup claims to have an apartment in Pullman and a house in Spokane. Another concern is Allsup's involvement in Identity Evropa, a group comprised of white nationalists.
Allsup's membership in the group does not represent Whitman County GOP's values, John said. One of Identity Evropa's policies include taking advantage of the PCO system and conquering a party "from the bottom up," he said.
Identity Evropa has radical views on immigration that does not fit with their standard, John said.
"One of the most concerning statements in an interview [was when] Mr. Allsup said he's not gonna be out there holding the banner for Republicans," John said. "The PCO position is a means to an end."
Whitman County Prosecutor Denis Tracy referred to Allsup's participation at the "Unite the Right" rally in Charlottesville, Virginia, and proposed he should be voted out of his position.
"We all saw the tape of what happened to Charlottesville … James Allsup joined the Nazis in their march," Tracy said. "His beliefs have no place here. He's got no place here. He didn't even bother to show up here."
Whitman County Commissioner Art Swannack also said Allsup did not fit Whitman County GOP's values.
"He represents a radical Nazi, white supremacist-type activity that my mom, who was a German immigrant, opposed all the way through World War II," Swannack said. "I do not believe he should be seated here either."
John referred to a Facebook post Rep. Cathy McMorris Rodgers (R-WA) issued last year on June 5 in regards to Allsup's position in the Whitman County GOP, as well as Allsup's response to McMorris Rodgers.
"Cathy, I am fighting for the things your voters elected you to fight for," Allsup said in his comment.
ANGELICA RELENTE, Evergreen reporter
Angelica is a junior multimedia journalism major from Oahu, Hawaii. She started working for The Daily Evergreen as a news reporter in fall 2017, became...
One Response to "Local GOP officials dismiss voting privilege from PCO"
Managing Editor on January 9th, 2019 5:59 pm
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Organizers for Fourth of July celebration seek helping hands
Transportation routes set to change for holiday celebration
Food bank services hindered
County poverty rate rises above state
Thunderstorm watch issued
Pullman High School to use concussion detecting sensors
Starbucks to open in Pullman
Population growth leads to new city plans


text:
St. Paul 415281184
Higher Ground respite unit for homeless seeks to cut repeat ER visits
Patients living on streets struggle with follow-up care, medications.
By Jeremy Olson Star Tribune
March 2, 2017 — 9:22pm
A respite nursing unit at the new Higher Ground homeless shelter in St. Paul has health care leaders hopeful that they will no longer have to choose between letting homeless patients languish in hospital beds and releasing them to the streets, where they often struggle to care for themselves.
The 16-bed unit, which is being funded through a unique partnership of Regions, St. Joseph's and United hospitals in St. Paul, opened to homeless patients in mid-January but is being formally announced today.
Homeless patients with prescription medications often struggle to keep them refrigerated and take them as scheduled, or change hygienic wound dressings, or make follow-up appointments, said Dr. Ravi Balasubrahmanyan, a United physician who helped plan and raise funds for the unit.
"These folks can deteriorate and end up back in the hospital … and that can become a recurring cycle," he said. "They never get well enough … to actually leave homelessness."
The first of 21 patients sent to the unit by one of the three St. Paul hospitals had suffered frostbite when he fell asleep under a bridge on a cold night. The 38-year-old needed to keep his feet dry and change his dressings after leaving the hospital, which would have been difficult if he had been homeless in the winter and had to line up outside shelters for meals and beds, said Diana Vance-Bryan, a chief administrator for Catholic Charities of St. Paul and Minneapolis, which operates the new unit.
"It's not a healing environment on the street," she said. "To … carry a tray when you are carrying crutches and everything you've got on your back — for some of these people what we're asking them to accomplish is impossible."
The unit was created partly due to the growth in homeless mentally ill patients and the lack of places to transfer them after they have stabilized in inpatient psychiatric units.
Those patients either clog up hospital beds long after they need them — leaving other patients in crisis to wait in emergency departments for days — or get discharged without adequate support, said Mary Brainerd, chief executive of HealthPartners, which operates Regions.
"We want to get folks to be stabilized and find a better living situation," she said, "so that hopefully the next time you don't have to have that emergency room visit or that 911 call."
The unit is part of the $100 million Dorothy Day Place, which includes the 473-person Higher Ground shelter that opened last month. The next phase includes 171 permanent housing units as well as an "opportunity center" where homeless people can get information on employment, housing and health care.
The respite unit was modeled after a similar approach started in 2012 by North Memorial Health Care at Catholic Charities' Exodus Residence, a long-term residential shelter. Emergency room visits declined 50 percent for 12 initial residents when comparing the year before their placement in the respite unit with the year after.
The St. Paul shelter is designed for shorter stays of around seven to 30 days, Vance-Bryan said.
Eleven patients have already been discharged, including the frostbite patient, who went back to hospital care for surgery on his extremities and was then moved to a skilled nursing home for physical rehabilitation.
The new respite unit is an unlicensed facility — staffed by nurses and community health and mental health specialists — that for now is funded through charitable support from the three referring hospitals as well as the Medica Foundation and Blue Plus. Balasubrahmanyan hopes it will prove its worth to health insurance companies and hospitals and gain more stable support.
"If we can actually show that such a program can save hard dollars" by preventing unnecessary hospital readmissions, he said, "then the health systems will say, 'This is worth it, and we'll start funding it.' "
Jeremy Olson is a Pulitzer Prize-winning reporter covering health care for the Star Tribune. Trained in investigative and computer-assisted reporting, Olson has covered politics, social services, and family issues.
jeremy.olson@startribune.com stribJO
St. Paul's Swede Hollow evolved as an ethnic patchwork • St. Paul
Charges: St. Paul man fatally beat cousin who intervened in facial tattoo argument • St. Paul
One killed in early-morning fire at St. Paul fourplex • St. Paul
St. Paul firefighter vying to be 'World's Strongest' • St. Paul


The video game industry provides endless options to upgrade and spend money. With credit card scams and phishing attacks on the rise, it's important to take the steps necessary to avoid being scammed. Not only are scammers going for credit card information, but they're also going for the gaming account — which is worth money on its own.
Sadly, it's become easier than ever for scammers to trick gamers into falling prey to online fraud that puts their financial security at risk. One in five gamers has been duped by financial fraud while gaming.
Your username and password are the virtual keys and are often attached to your credit card and personal information.
Scammers may offer you free upgrades or discounted in-game currency — and the offer might even come from a teammate asking to make a trade.
They'll ask for your username and password to dump the virtual merchandise into your account and tell you they'll return your account once the trade is completed — this is a big red flag. Never allow anyone access into your account.
Ignore any requests for your username and password. Remember, game developers will never ask for your login credentials. Be sure to report the suspected scammer to the developer and block them as well.
The safer your password, the safer your account is from potential hackers. Create strong passwords and change them frequently. Business Insider and Life Hacker offer tips on generating strong passwords. Be sure to use a different password for each gaming account.
For an extra layer of login security, enable two-factor authentication to receive a special code sent via text. Even if a scammer steals your login credentials they won't be able to get into your account without this code.
It's also important to verify any new purchases. If you suspect a phishing scam or that your account has been hacked, contact the game developer immediately to request a refund. Then, reach out to the credit card provider of any fraudulent charges and ask them to freeze your account.
Don't click on pop-up ads or in-message links promising free or discounted virtual goods. Malware programs disguised as the real deal look official but are usually slightly off. Type in the official URL rather than clicking on a link. Fake gaming apps have defrauded gamers and hacked their systems, stealing their accounts and personal information. Pay attention to details and watch for misspellings.
Only buy games from official stores. Don't download "cracked" games. Not only are pirated copies illegal under copyright laws, but some 90 percent of cracked copies contain malware, according to Make Use of.
Hackers look for system vulnerabilities that malware can exploit to wreak havoc. They're betting you won't install anti-virus protection to avoid reduced gaming speed. And if you've installed virus protection, they'll try to get you to turn it off. If a video game asks you to disable anti-virus protection to increase game speed, chances are it's a corrupted version or your system has been hacked.
PC Gamer reviewed the best anti-virus programs for PC gaming that won't slow down your gaming performance. Malware is also becoming a growing problem on smartphones, according to Digital Trends, which reviewed the best anti-virus smartphone apps.
With a little precaution, you can continue battling virtual villains, and cybercriminals, too.


NewTek Discussions > LightWave 3D Support > LW - Mac > Three-button mice ROCK!
View Full Version : Three-button mice ROCK!
disclaimer: I have been a Mac user for over 15 years.
When I started using Lightwave back with version 5.5 the video that came in the box mentioned using the Right and Middle Mouse Buttons (MMB) for accessing additional menus while working in Lightwave. After a short while, I broke down and bought my first two button mouse because the whole CMD-Mouse drove me nuts after about 1/2 hour of working. When I went USB (on my G4 tower) I got a two-button/scroll wheel mouse as my new Lightwave mouse, but it didn't have the option to use the scroll wheel button as a MMB.
After recently upgrading to USB Overdrive for my mouse drivers, I have to reccomend this to everyone who uses Lightwave. The advanced functionality of the RMB is easy to discover with a single button mouse, but adding the MMB is like giving me a new Lightwave toolset.
Oh, and activating my Contour Shuttle to work with Layout was a great thing too!
I agree - thew my p.o.s microsoft mouse out of the window - bought a Logitic superdooper 8 button beast.
Usb overdrive rocks - I can marquee slect object in layout - toggle between point/poly mode and use the Middle Mouse pop ups with spraining my wrist!
Wacom ppl how can we access the middle button features?
I'd be interested in this also. I have been using my Wacom solely now for 2 weeks ( even for my day job programming! ) and I love it.
My microsoft mouse is two inches closer to the junk drawer.
I have the Intuous 2 tablet, which has buttons along the top edge of the pad, but these aren't usable as a middle button because ( even if you could assign it ) the cursor gets repositioned if you don't hit the button on the pad just right.
Take a screen shot for us so we can see how the menu looks with 3rd button and middle button.
Here are the basic (first tier) mouse controls in Layout, left to right is LMB, MMB, RMB. To access them you hold down CTRL-SHIFT then click.
You can get the LMB and RMB menus just using modifier keys (Shift/Ctrl click or Shift/Ctrl/Apple click). I haven't yet discovered the MMB (shame it's not just Alt), though I can live without it.
You can do this with a Wacom tablet. The Wacom drive has all the modifiers and tools to program each button and macros.
Open the Wacom drive application. If you have Lightwave open, and select Add Application it will be a choice. Select LW and it's now in your Apps to choose from. You then highlight, and can now make the mouse or the pen have specific button clicks.
Modifier... is the one that lets you do the CTRL + SHIFT + Click to get the MMBM.
See attached. You can redo the pen too.
yes, but the MMB menu is CTRL-SHIFT-MMB, so how do you get that?
This whole conversation of course would be moot if Newtek just put "Open Menu ( MMM/etc. )" in the keyboard command list.
i also have a tablet, and can get the modifier key thing set..but you mentioned being able to set it to do this only in certain programs? for me I don't seem to have the choice of choosing which program I want to add to it....am I missing something here?
I.E. is there a way to get it to do the ctrl+shft+mmb in Lightwave, and have it to cmd+(back arrow key) in another program (such as safari)?
That is because you have the new graphire 3!
-t But all of these features exist in the various tabs and commands in the menus. The point of this discussion is that by having an MMB and the actual "middle mouse button" control, like that available through USB overdrive, can improve your workflow, by giving you access quickly and easily to many options via the mouse menus. You could assign keyboard shortcuts to every command in the menus, but that's a different workflow.
But all of these features exist in the various tabs and commands in the menus. The point of this discussion is that by having an MMB and the actual "middle mouse button" control, like that available through USB overdrive, can improve your workflow, by giving you access quickly and easily to many options via the mouse menus. You could assign keyboard shortcuts to every command in the menus, but that's a different workflow.
Actually the point I was attempting to make was, if the menus were invokable through a key command of some kind, I could set the Eraser edge to be the modifier key, or keystroke for the MMB Menu and then I would have a natural enough feeling workflow experience similar to what folks using 3 button mice have.
OK - finally (!) managed to get the menus to work - sweet! Thanks for the tip to use USB Overdrive.
The only problem left now is this: I can't get the highlight in the menu to travel up and down the menu. In other apps with the same settings if the menu is open and I use the scroll wheel up and down, it will move up and down the items in the menu. With lightwave though, the menu just opens - the scroll wheel has no effect and I have to move the mouse's position up and down to highlight the menu items.
I'm using a Microsoft Intellimouse Explorer 4, on Tiger 4.1 with Lightwave 8.3.
When I left video production to explore the hottest thing going (as it was back then) 3D Graphics, most TV Post was done on Quantel Paint Boxes, Harries and Houdini's, and every one but every one used a tablet, so I got one.........that was getting on for ten years ago!! I can't bloody believe people are still using mice, and worse still a lot of 3D aps almost insist you use one as though carpel muscle syndrome was the coolest thing to be afflicted with, at least Lightwave is more tolerant than most 3D aps in this respect and I have no problem with any of L/M/RMB stuff using pen and keyboard modifier keys. A mouse forces you to twist your hand unnaturally through ninety degrees and overwork your finger tendons, still it's your funeral but just answer me this, how many famous artist from history can you name that had to give up work because of RSI........and how's your wrist gonna feel twenty years from now??
how the **** do you deleat a post if you accidentaly post it twice while editing it.....DOH!!


text:
When Your First Love Is Your Last
I've been writing a bit about first loves, first kisses lately. It got me thinking about one of Sydney's most famous ghosts – a woman who never got over her first love. In fact, she died from grief as a result of losing her love.
For those of you have read Charles Dickens' Great Expectations you will be familiar with the character of Miss Havisham. A woman jilted at the altar, she lives the rest of her life in mourning, going mad with grief, dressing only in the wedding dress she was wearing when she discovered her lover had gone, refusing to let the wedding banquet be cleared away.
When I first read this novel I was entranced by the character of Miss Havisham. Her eccentricity and extremism appealed to me, but at the back of my mind I thought: 'No one would ever react like that in real life.'
Boy, was I wrong. It is a widely held belief that Charles Dickens based the character of Miss Havisham upon the very real and very tragic Eliza Donnithorne.
Eliza was the daughter of James Donnithorne, an East India Company Judge and Master of the Mint in Calcutta. Some versions of the story state that he arrived in Australia to retire in 1836, bringing Eliza with him. Her mother had died of cholera.
James and young Eliza settled in Camperdown Lodge in the Sydney suburb of Newtown.
in 1856, Eliza prepared to marry. Her wedding was to be the event of the season. The banquet was laid out, the guests assembled, the coaches prepared to escort her the short distance to St Stephen's church. But the groom never appeared.
Afterwards, she was left in the house alone, except for two faithful servants and the prepared wedding feast. She refused to let the banquet be cleared away, even when the rats took up residence on the table, claiming her love would return, remaining in her wedding dress. He never appeared and she died alone in 1886.
Eliza is buried in Camperdown cemetery, yet despite dying a wealthy lady as a result of all the property she inherited from her father, she did not have a headstone of her own. Her name appears on her father's headstone, right at the bottom – Eliza Emily Donnithorne – in small lettering, as if an afterthought.
Now this is where the story gets interesting.
When I was a student I lived in Newtown in the same street as the cemetery. My next-door neighbour, an elderly lady named Pearl believed that the ghost of Eliza Donnithorne walked in the cemetery grounds at night.
The church caretaker lived in this charming little cottage which still stands today. A friend of Pearl's, he also believed Eliza walked at night.
When Pearl's grandfather was a boy he had lived near Eliza's home, Camperdown Lodge. All the local children believed it was haunted and crossed the street rather than walk directly in front of it. Once Pearl's grandfather had peered through one of the windows and had seen a woman inside with long, bedraggled hair, moaning to herself. In 1920 Camperdown Lodge was burned to the ground and it was shortly after that local residents reported seeing a ghost in the cemetery.
Many of the locals still call this pathway, Eliza's Walk. Many have seen a ghostly figure in a wedding dress trudging up and down the pathway on dark, moonless nights.
I was coming home from Uni one night. It was late, very dark. Imagine this pathway lit only by moonlight. The shadows were dense. I felt if I stepped into the cemetery I would plunge into nothingness, into a place where I would instantly be lost.
I can't be sure if I was imagining it, it could quite easily have been a trick of the light, but I thought I saw her – Eliza herself. For the briefest of moments she stood framed by the moonlight, her white dress incandescent, otherworldly. I rubbed my eyes and she was gone. I still laugh about it, thinking I was a sentimental fool.
Yet every time I pass the cemetery I think of Eliza in her despair and her loneliness and I wonder if her longing for her love has trapped her in this place, destined to forever walk until her love reappears, her long, white dress dragging in the dirt.
A big THANK YOU to Puddock from The View From The Pond for giving me this wonderful award last month.
And of course, it is only now that I am getting around to thanking her. I discovered Puddock's blog when I was doing a search for good blogs from the UK and hers came up. Based in Scotland, it is often a walk down memory lane for me when I read her blog. Just as often I leave feeling a little teary.
Thank you for this honour, dear Puddock. I am very grateful.
eliza donnithorne, first love, ghosts, great expectations, The View From The Pond
Trees In The Family
What's Buzzin', Cuzzin?
27 thoughts on "When Your First Love Is Your Last"
tball says:
I loved this story – I want to know more! I couldn't wait to get to the end of the post to find out what happened. I'm sure you saw her ghost! Spooky!
Hilly says:
I wonder what ever happened to James to make him not show up….sigh.
Epiphany says:
I love stories like this, tragic as they are. Love… By far the most powerful of emotions. *sigh* Poor girl.
What an interesting and intriguing story and walk down a memory lane from so long ago.
I have seen several people who have passed on, I believe wholeheartedly that they are still with us and can appear to us at times. You probably did see this woman Selma. Amazing but certainly possible.
Is it true that the husband-to-be was paid off by James Donnithorne who didnt approve, and that Eliza was pregnant?
TBALL – it is a really fascinating story.There are really interesting stories about Eliza's life after the wedding day. She lived in her house with her two servants who were sisters and she never went out. They handled all her affairs and when she died she left them her fortune. The rest of the house was tidy except for the room where the wedding banquet was going to be held and the smell from all the rotting food spread right down the street. Sounds like a good movie, doesn't it?
HILLY – there were rumours he was paid off by her father or that he was involved with another, wealthier woman. I also read somewhere that her father had him killed. No one seems to know for sure.
EPIPHANY – it is a tragic tale, isn't it? She must've really loved him to mourn him for that long. Her story is part of local folklore now.
GERALDINE – I can't say for sure. Sometimes the power of suggestion can make us see things that aren't really there. However, I have seen a few ghosts in my time, so you never know!
KATE – that is one of the stories. There is widespread belief that she was pregnant and had a son who was given up for adoption to a family named Kelly who were quite a well-known family in the Newtown area(still are, I believe). Apparently, she knew of his existence because she got her maids to give him money on a regular basis but according to many sources they never met. Can you tell I've researched this? Believe it or not I have written a novel about one of her descendants. Haven't looked at it for years. Many people believed Eliza was a witch. I took that premise as the starting point for my novel, so you can guess what her modern-day descendant was….maybe it's time to get it out of the drawer….
well as one who has begged for a ghost of my own,, and never really received one,, even for a moment,, i was surprised in the last year or so with two such happenings,, not visual so much as in act… i do believe.. i always have.. and now i am sure,, i know…
Tragic tale for sure. (Brilliantly told as always.)
Oh, to be able to go back in time and see all the details that got away; to find out what TRULY happened to her groom.
Excellent story, m'dear.
I have read Great Expectations a number of times and had no idea there was an Australian connection! This astounds me! Love stories like this! Now I am kicking myself that I did not visit that cemetery when I was a student at Sydney Uni! I certainly had the opportunity!
anthonynorth says:
I just love a good ghost story. I've researched so many, yet realise I'll never hear them all. This one was new to me. And you portray it excellently.
PAISLEY – many people scoff but I do believe. I've seen too many things to think otherwise. Quite an incredible revelation, really.
NAT – it was a sad tale. Real life can sometimes be much more tragic than fiction, don't you think?
KAREN – definitely something I'd get in a time machine for. I want to know. I want to know…..
GEMMA – you'll just have to visit the next time you travel to Sydney. Now that would be great.What a pleasure to hear from you!
ANTHONY – there are so many ghost stories out there. I really love the Irish ones. Very spooky. There are so many haunted houses in Ireland. I've been in one or two of them and it was chilling. I also love a good ghost story.
Gypsy says:
I loved this story. You've written a novel about one of her descendants? Where can I get a copy? Is it published?
They say that grief so deep can send us mad and it certainly sounds like poor Eliza had gone over the edge. I couldn't help focusing on the wedding banquet being left out for the rats to eat. Even in my deepest grief I think I'd have to get the glad wrap out and get that lot into the fridge.
Congrats on your blog award young miss. Can't think of anyone who deserves it more.
GYPSY – sadly, it isn't published but I read some of it today and it's not bad. I really should get my finger out and re-edit it.
I am so like you – I would have had the tupperware containers and the glad wrap out in a flash. I hate rats, especially Sydney rats. Gross. Puddock was very kind to give me that award. She is lovely.
Perhaps you could give us a chapter a week from that novel?!?
Richard Whackman says:
Where'd the dude go? I mean, he didn't show up at the wedding, but does that mean he just disappeared?
LINDA – now that's not a bad idea. It might just be what I need to get myself out of my novel-writing rut. For some reason I seem to have lost faith in myself. Thanks for your constant encouragement.
RICHARD – nobody knows. I researched it exhaustively. I even spoke to a couple of historians at Sydney University and they couldn't say for sure. One day, I hope to find out!
once again… your post has given me the chills!! Excellent story. I bet you really DID she her ghost!
MELEAH – I can't be sure. You know that way you think you saw something but it's not definite in your mind? I like to think I did see her though and that the local legend is real!
gerard says:
one afternoon in 1991 while living in sydney, I was walking from the suburb of annandale across to newtown and listening on a walkman to a radio broadcast of the story of eliza donnithorne. I happened to be passing the walls of camperdown cemetry just as the radio narrator was describing eliza's death and burial there. I felt such an overwhelming sympathy an admiration for eliza that I wanted to immediately see her grave. I found the entrance to the cemetry. I almost turned back when I saw all the graves before me. Which one could be Eliza's. Without thinking I started to walk quickly down the central avenue. I turned to the left walked a little more and suddenly stopped and turned a half circle. There before me was a headstone with the name eliza donnithorne.
It might have been by sheer chance that I happened to walk straight to her grave that day but I felt that I was being drawn by her great and powerful spirit From that uncanny experience I can well believe that her ghost has appeared to others in the same cemetry.
GERARD – thank you so much for stopping by and sharing your incredible story. I am blown away. That was definitely happenstance. I am a little lost for words but delighted to hear from you. I really appreciate the visit!
Hi Selma,
Just a quick note to say I like your article about Eliza Donnithorne's ghost, there are many ghost stories associated with that historic cemetery.
Check out the following URL, Click On: http://www.ssdec.nsw.edu.au/history/camperdown/watson.html
Please find here following a famous story recounted in the early 1970's about Eliza written by a man called Colbert Moore, he was a journalist with old Sydney paper The Sun. A childhood resident of Newtown in the years after Eliza's death his parents had helped her very elderly servants the Bailey sisters, who told them this story about it all.
Jilted Bride Became Famous Newtown Legend
'The Sun', Daily Magazine, Stories of Australia's History.
By Colbert Moore.
NEWTOWN may not look a very romantic suburb compared with Darling Point, King's Cross or even Fairy Bower at Manly.
But woven into its history is a love story that no other Sydney suburb can match. It is the story of the Judge's daughter, beautiful Eliza Emily Donnithorne, who was laid to rest in Newtown cemetery some time in May, 1886, with a broken heart.
After having faithfully served the East India Company's Bengal Service for many a day, Judge Donnithorne retired and took up residence in Sydney. He brought with him his lovely daughter, Eliza Emily, and the couple moved into a fine mansion called Camperdown Lodge in King Street, Newtown.
In those days the suburb was considered quite posh. Being a raving beauty Eliza Emily Donnithorne created a furor amongst the eligible young men in Sydney. She particularly inflamed the passions of a young gentleman named Mr Cuthbertson, Eliza was likewise aroused.
Judge Donnithorne who had a nasty liver, probably from too much curry and gin consumed in India, didn't like the idea of anyone taking his daughter from him and did not hesitate to give Mr Cuthbertson an insight into his feelings. A direct result was that his daughter took to climbing out her bedroom window at Camperdown Lodge to exchange a kiss or two with her admirer. Whenever he could, the Judge would intrude on this romantic maneuver with the result that the courtship became quite nerve-wracking business.
Eventually Mr Cuthbertson swore that he would not come near the house unless he was assured that the fiery father was out for the night.
In spite of the Judge's opposition the love match developed to the point where there was no use opposing it further. Judge Donnithorne tartly told his lovely daughter that even though she was marrying beneath her he would no longer oppose the union between her and Mr Cuthbertson. Wile giving his reluctant blessing he could not resist adding the comment that the young man would desert Eliza Emily after he had taken the best years of her life from her.
The girl said she would take any risk involved and a formal note was sent to Mr Cuthbertson advising him that he was required to present himself at Camperdown Lodge, King Street Newtown, if he wished to hear something to his advantage.
Cuthbertson turned up and Judge Donnithorne had a word with him. It was made clear that the Judge didn't really want to hand over his lovely daughter and if Cuthbertson made one false move after the wedding ceremony he would be hit with a whole series of legal mallets.
It was explained to the young man that the wedding would take place on a certain date in 1848 at Camperdown Lodge and that he would be required to turn up on time. The Judge said that he personally would take care of all the arrangements and all that was expected of the groom was that he say "I do" when ordered to do so.
The whole show was to take place at Camperdown Lodge. Eventually everything was ready for the nuptial knot to be tied. The guests were assembled and Emily was ready in her bridal gown to be given away by her liverish father into a state of holy wedlock.
But where was young Mr Cuthbertson?.
Where was he indeed. Sad to say Cuthbertson had decided that while he loved Emily ardently he just could not imagine spending the rest of his life being nagged by a father in law like Judge Donnithorne. On that note the bridegroom had decided not to enter the normally cherished bonds of holy matrimony.
It took some time for everyone waiting at Camperdown Lodge to realize the significance of this decision. Disappointed as the wedding guests were they generally agreed that it would be a sin to waste the splendid wedding feast that had been prepared. All eyes were turned towards the banqueting chamber when the young bride, normally a gentle uncomplaining soul cried in a bitter voice: "No one shall touch the wedding feast. My bridegroom shall come to me through that front door. Everything shall remain exactly as it is until he shall come!".
After speaking her mind Emily fainted away and the wedding guests left hungry. From that day on Miss Donnithorne became quite strange. She insisted on leaving the front door Camperdown Lodge wide open. She wanted Mr Cuthbertson to be able to walk right in should he decide to return to her. Judge Donnithorne was irritated by this open door policy and kept slamming the portal shut. Every time he closed the door his daughter would quietly open it again. One result of all this was that Camperdown Lodge was subject to the invasion of flies, mosquitoes, cats and dogs. Miss Donnithorne didn't seem to mind, but her father certainly did.
Eventually the angry Judge Donnithorne tried scare tactics on his daughter. He warned her that the ever open door was a clear invitation to thieves and robbers and even murderers to walk right in and do their wicked deeds. The girl was no so touched in the head that she failed to see the wisdom of his argument. In fact she came to around to completely agreeing with her father. But she did not stop leaving the front door open.
She bought a huge and savage mastiff and tethered it in the hall as a guard dog. As time passed Miss Donnithorne did not lose her faith that one day her Mr Cuthbertson would come back to her. Against that day the wedding feast remained just as it was. The food of course began moldering away, the cutlery became tarnished and dust settled on the fine linen table cloths.
In May 1852, four years after the projected wedding day, Judge Donnithorne died and was buried in the Newtown cemetery. His daughter was now 24 and alone in the world except for her two female servants. With no man about the house it became clear that Miss Donnithorne could not continue to leave the door open day and night. The guard dog was not enough. So she put a chain on the door and left it partly open – wide enough perhaps for Mr Cuthbertson to poke his head through and call out that he had arrived at last.
Eliza Emily became ever odder. She refused to leave the house even for a minute or two on the grounds that she wanted to be home to greet her lover if and when he did come back to her.
The two servants did the shopping but they never spoke to anyone other than to place their orders. Beggars in the area got to know that if they went to the chained door at Camperdown Lodge in King Street and asked for charity a white hand would appear with a coin. Miss Donnithorne may have been a recluse but she had retained her philanthropic instincts. In May, 1886, just 34 years to the month after her father had passed away, the tragic woman died at the age of 58. She was buried in Newtown cemetery beside Judge Donnithorne.
The years rolled away but the strange and romantic legend of the pretty lady in the locked house with the uneaten wedding breakfast lived on particularly in the Newtown area.
In 1907 Camperdown Lodge was demolished, but nothing could kill the story associated with it. In 1912 a Sydney journalist found himself wondering if the legend was really true. He was intrigued by a popular belief that Charles Dickens the famous writer had used the case of Miss Donnithorne as a model for his Miss Havisham in his book "Great Expectations." The parallels between the judge's daughter and the fictional character were too strong to be purely coincidental, people claimed.
The journalist began probing around Newtown and eventually tracked down the two servants who had served Miss Donnithorne for much of her life time. They were now very old. One seemed willing to talk when the other sharply stopped her, saying: "Remember, we know nothing. Our lips are sealed to everyone and everything." After that the old woman had nothing more to say.
ALAN – thanks for your very thorough comment. It just goes to show that the tale of Eliza Donnithorne is an enduring one. I appreciate you taking the time to comment and for the extra info. Very interesting. I hope that someday someone gets to the bottom of what really happened.
Hi Selma, I think what happened is pretty well attested, but given the distance in time and fact it all happened behind closed doors it gives the air of other worldly mystery people love so much. Newtown in the 1840's was only a small rurual town, rolling hills and countryside unlike the urban sprawl of today, Australia hardly existed, small under populated colonies trying to carve a country out of the wilderness with convict labor. What amazes me is people like them, the Donnithorne's, even settled given their wealth blue blood. It really must have been like living in the jungle!.
ALAN – that is a very pertinent point – it must have been a huge shock to some of these people when they set foot in Newtown. They were used to a much grander existence. I have really enjoyed your input on this. Thank you so much!
Thanks for that, Selma, here follows another great article about the story. Very thorough. Takes time to download.
Click to access The_Donnithornes_of_Camperdown_Lodge.pdf
ALAN – I really appreciate all the extra information. Thanks very much. Eliza's story continues to fascinate me!


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