alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 3842.]

#### V. G. James *v.*The State.

“Local Option” Law.—The “local option” law requires that the clerk of the county court shall post, or cause to be posted, at least five copies of the order for an election to prohibit the sale of intoxicating liquors under the said law, at different public places in the locality to be affected, for at least twenty days before the day of election. In the absence of proof to the contrary the presumption would obtain that the clerk completely discharged the duty thus imposed upon him. Such presumption, however, is overcome by proof that the clerk placed the said copies 11 in the hands of good men to be posted up.” The delivery of the copies to “good men” is not a posting of the same within the meaning of the law, nor can the courts presume that “good men” posted notices when they were under no legal obligation to do so.

Appeal from the County Court of Lamar. Tried below before the Hon. M. J. Hathaway, County Judge.

The conviction in this case was for the violation of the local option law. The penalty imposed by the verdict was a fine of two hundred dollars.

*D. K. Fooshee,*and *Hodges & Allen,*for the appellant.

*J. H. Burts,*Assistant Attorney General, for the State.

Hurt, Judge.

This is a conviction for violating the local option law.

There is but one question we desire to discuss. The law requires that the clerk shall post, or cause to be posted, at least five copies of the order for the election at different public places in each county, justice’s precinct, town or city, in which such election shall be held, for at least twenty days prior to the day of election.

Nothing appearing to the contrary, we will presume that the clerk did his duty and posted or caused to be posted these notices as the law directs. But this presumption obtains in the absence of proof to the contrary. In this case the clerk did not post the notices, but the evidence shows that he issued them and placed them in the hands of “good men” to be posted up. There is no *190evidence showing that in fact they were posted. The question is, can we presume that these “good men” posted the notices? The law did not make it their duty, and hence there is no ground upon which to base the presumption that they in fact did post the notices.

Opinion delivered April 22, 1886.

In the absence of proof to the contrary, we would presume that the clerk obeyed the law—performed his official duty—but when the proof shows that he did not, we know of no rule'of law authorizing us, or the court below, to presume that persons resting under no legal obligation to do a thing did actually perform the act.

For the reason above given the judgment is reversed and the cause remanded.

*Reversed and remanded.*
~tuatr nf tqr luitr~ &tntrn 

NINETY-FIRST CONGRESS 

FIRST SESSION {Co?vened January 31 1969 

Adjourned December 231 1969 

SECOND SESSION {Convened January 191 1970 

EXECUTIVE CALENDAR 

Pre pared under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Thursday, March 5, 1970 

NOMINATIONS 

-t·~l Message Name of nominee Offioo Predecessor 

report No. No. 

U.S. MARSHALS 

1970 

Feb. 25 18 13 Arthur F. Van Court, of U.S. marshal for the east- John C. Begovich. 

California. ern district of California 

for the term of 4 years. 

25 19 41 Carl H. Slayback, of U.S. marshal for the south- James J. Moos, 

Illinois. ern district of Illinois for resigned. 

the term of 4 years. 

DEPARTMENT OF 

DEFENSE 

26 20 46 Theodore C. Marrs, of Deputy Assistant Secre- Ernest Louis Massad, 

Alabama. tary of Defense for resigned. 

Reserve Affairs. 

SUPREME COURT OF 

THE UNITED STATES 

27 21 1 George Harrold Carswell, An Associate Justice of the Abe Fortas, resigned. 

of Florida. Supreme Court of the [Reported favorably 

United States. by Mr. Eastland, 

from the Committee 

on the Judiciary, 

together with individual views. (See 

Ex. Rept. 91-14, 

91st Cong., 2d 

sess.)] 

37-022-7o-No. 142 

U S GOVERNMENT PRINTING OFFICE 1970
<PAGE>

                                                                    EXHIBIT 10.5


                                 ELECTRUM L.L.C.
                                CALEDONIAN HOUSE
                              GRAND CAYMAN ISLANDS
                               BRITISH WEST INDIES

November 17, 2000


Trend Mining Inc.
401 Front Avenue
Suite I
Coeur D'Alene, Idaho 83814


Dear Sirs:

This will confirm that:

     (a)  prior to the date hereof, we have lent $35,000 to you, and, upon your
          request, propose to lend to you an additional $100,000, and wire such
          amount to the Bank of New York, ABA No. 021-000-18, for credit to
          PaineWebber, Inc., Account No. 8900114096, for subcredit to Account
          No. TS-44906, to permit you to make the payment in such amount called
          for by Section 2(a)(i) of the Consulting Agreement, dated as of
          November 17, 2000, between you and RH Barsom Company, Inc. (such
          $35,000 and $100,000 being hereinafter referred to as the
          "Indebtedness");

     (b)  you shall repay the Indebtedness to us, with annual interest thereon
          of 5% from the date the Indebtedness was incurred, upon the earlier to
          occur of (a) the closing of any transaction pursuant to which you
          receive private or public financing, either in the form of equity or
          debt and (b) December 1, 2005; and

     (c)  the provisions of this letter shall be governed by the internal laws
          of the State of New York, and may not be amended or waived except with
          our express written consent.

<PAGE>

Please confirm that the foregoing represents our understanding on the enclosed
copy of this letter and return it to us.

                                       ELECTRUM L.L.C.

                                       By:      /s/ Thomas Kaplan
                                          -------------------------------------
                                                Name:  Thomas Kaplan
                                                Title: Director

ACKNOWLEDGED:

TREND MINING INC.

By:      /s/ Kurt Hoffman
     ---------------------------------------
         Name:  Kurt Hoffman
         Title: President


                                       2
§ 902.15 Protection of records. ( a ) No person may, without permission of the Administrative Officer, remove from the Corporation's offices any record made available to him for inspection or copying. In addition, no person may steal, alter, multilate, obliterate, or destroy, in whole or in part, such a record.
( b ) Section 641 of title 18 U.S.C. provides, in pertinent part, as follows: (1) Whoever * * * steals, purloins, knowingly converts to his use or the use of any other or without authority sells, conveys or disposes of any record * * * or thing of value shall be fined not more than $10,000 or imprisoned not more than 10 years or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than one year or both. * * *
( c ) Section 2071 of title 18 U.S.C. provides, in pertinent part, as follows:
(1) Whoever willfully and unlawfully conceals, removes, multilates, obliterates, or destroys, or attempts to do so, or with intent to do so takes and carries away any record, proceeding, map, book, paper document, or other thing, filed or deposited * * * in any public office, or with any * * * public officer of the United States, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.
[41 FR 43143, Sept. 30, 1976, as amended at 48 FR 17354, Apr. 22, 1983]
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

Convened January 3, 1989 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Thursday, March 2, 1989 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
Unanimous Consent Agreement 

Ordered, That at 12:30 p. m. on Thursday, March 2, 1989, the Senate proceed to 

executive session to consider the nomination of John Goodwin Tower to be Secretary of 

Defense (Cal. No. 41). 

(March 1, 1989) 
1 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

UNITED NATIONS 

* 36 143 Thomas R. Pickering, of New Jersey, to be Feb 28, 89 Mr. Pell, 

the Representative of the United States of Committee on Foreign 

America to the United Nations with the Relations, without printed 

rank and status of Ambassador report. 

Extraordinary and Plenipotentiary, and the 

Representative of the United States of 

America in the Security Council of the 

United Nations. 

DEPARTMENT OF DEFENSE 

* 41 129 John Goodwin Tower, of Texas, to be Feb 28, 89 Mr. Nunn, 

Secretary of Defense. Committee on Armed 

Services, unfavorably with 

printed report - Ex.Rept. 

101-1. Together with 

Minority, Supplemental and 

Additional Views. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate. 
2 

NOMINATIONS PLACED ON THE SECRETARY'S DESK IN THE ARMY 

Army nominations beginning * Barbara M. Alving, and ending * Edmund P. Wiker, which 

nominations were received by the Senate and appeared in the Congressional Record of January 3, 

1989. 

Army nominations beginning Eric D * Adrian, and ending Charles J * Yowler, which nominations 

were received by the Senate and appeared in the Congressional Record of January 3, 1989. 

Army nominations beginning Shirley 0 Ford, and ending Charles Ferris, which nominations were 

received by the Senate and appeared in the Congressional Record of January 3, 1989. 

Army nominations beginning Kenneth P Adgie, and ending Karl D Zetmeir, which nominations were 

received by the Senate and appeared in the Congressional Record of January 3, 1989. 

Army nominations beginning Michael C Aaron, and ending Randal D Robinson, which nominations 

were received by the Senate and appeared in the Congressional Record of January 3, 1989. 

Army nominations beginning Frank E. Chapple, II, and ending * Bonnie L. Smoak, which 

nominations were received by the Senate and appeared in the Congressional Record of February 8, 

1989.
EXECUTIVE CALENDAR 

PREPARED UNDER THE DIRECTION OF EMERY L. FRAZIER, SECRETARY OF THE SENATE 

BY LARRY M. WHEELER, ExECUTIVE CLERX 

_ Tuesday, August 2, 1966 

TREATIES 

Date o! Calendar Treaty No. Subject Action o! committee report No. 

1965 

June 29 2 Ex. H (86th Cong., Hague Protocol to Warsaw Convention ___ _ Reported favorably by 

1st sess.). Mr. Fulbright from 

the Committee on 

Foreign Relations, 

with a printed report. 

(See Ex. Rept. No. 3, 

89th Cong., J st sees.) 

Aug. 3 3 Ex. D (88th Cong., Consular Convention With the Soviet Reported fav01;ably by 

2d sess.). Union. Mr. Fulbright from 

the Committee on 

Foreign Rlllations, 

with a printed report. 

(See Ex. Rept. No. 41 

89~h Cong., 1st seas., 

Minority views filed 

Aug. 5, 1965. (See 

Ex. Rept. No. 4, p. 2, 

89th Cong., 1st sese.) 

65-022--66--No.250 

, , i GOV£!1.HIIEIIT PIIITINS C,I'IC!: IIII
FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

Statement of Chair Cynthia L. Bauerly and Commissioner Ellen L. Weintraub 

on the adoption of the Commission’s new Procedure for 

Disclosure of Documents in the Enforcement Process 

We support formalizing the Commission’s procedure regarding the production of exculpatory 

evidence in our enforcement process, relying on the principles of Brady v. Maryland, 373 U.S. 

83 (1963) and its judicial progeny. We proposed a narrowly tailored procedure to achieve the 

laudatory goals of fairness identified in Brady, even though courts have found that opinion does 

not apply to civil administrative proceedings. Our proposal is similar to those adopted by several 

other Federal agencies, some of whom have far broader enforcement authority than the 

Commission. 

The procedure adopted today is unnecessarily broad in scope, will weaken the enforcement 

process, and ultimately undermine the credibility of the FEC. By allowing for the disclosure of 

all non-privileged documents in the Commission’s investigative files prior to the probable cause 

stage of the enforcement process, the procedure adopted provides an incentive for respondents to 

request conciliation solely in an effort to game the system and evaluate the Commission’s 

evidence against them or against co-respondents that the Commission may still be investigating. 

In weighing whether to adopt an exculpatory evidence policy, other investigative agencies have 

considered such concerns as the agency’s ability to conduct investigations effectively and 

efficiently, the opportunity for collusion or intimidation among witnesses or parties, the 

possibility that complainants and informants will be deterred, and the prospect of harm to a 

parallel investigation or proceeding by another agency. The new procedure gives short shrift to 

these concerns. 

In addition, the new procedure will bog down the Commission’s enforcement process with 

convoluted and time consuming procedures, motions, and appeals. Finally, and very 

importantly, this new procedure presents the real potential to violate the statutory requirement of 

confidentiality that is not ours to waive. 

We are disappointed that the long discussions that reflected consensus about providing 

respondents with exculpatory information at the probable cause stage did not result in 

unanimous adoption of a straightforward procedure. We could not support adopting a procedure 

far more expansive than that of any similar enforcement agency, a procedure that will further 

erode confidence in the Commission’s ability and desire to enforce the law.
§ 28.13 Variance, commercial and industrial application procedures. ( a ) The zoning authority shall send the Superintendent a copy of all applications for variances, exceptions, special permits, and permits for commercial and industrial uses submitted to the zoning authority within five calendar days of their submission of the completed application by the applicant.
( b ) The zoning authority shall send the Superintendent a copy of the written notice of the dates and times of any public hearing to be held concerning an application no less than 10 days prior to the date of the hearing.
( c ) The zoning authority shall send the Superintendent a copy of the written notice within fifteen calendar days of the approval or disapproval of any application for a variance, exception, special permit, or permit and copies of any variance, exception, special permit, or certificate which has been granted.
( d ) The zoning authority shall send copies of all correspondence referred to in this section to:
The Superintendent, Special Attention: Zoning, Fire Island National Seashore, 120 Laurel St., Patchogue, New York 11772.
#### § 1149.53 Are ex parte communications between a party and the ALJ permitted?

Ex parte communications between a party and the ALJ are not permitted unless the other party consents to such a communication taking place. This does not prohibit a party from inquiring about the status of a case or asking routine questions concerning administrative functions or procedures.
Date of 

report 

1970 

June 25 

25 

25 

&ruutr nf tqr luitt~ itntrs 

NINETY-FIRST CONGRESS 

F S { Convened January 3, 1969 

IRST ESSION Adjourned December 23, 1969 

S S { Convened January 19, 1970 

ECOND ESSION 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. V .ALEO, Secretary of the Senate 

By G.ERALDA. HAcKETT, Executive Clerk 

Friday, June 26, 1970 

NOMINATIONS 

Calendar Message Name of nominee Office Predecessor 

No. No. 

AMBASSADORS 

103 109 Robert McClintock, of Ambassador E:s:traordinary 

California, a Foreign and Plenipotentiary of 

Service officer of the the United States of 

·class of career minister. America to Venezuela. 

104 164: Roswell D. McClelland, of Ambassador Extraordinary 

New York, a Foreign and Plenipotentiary of 

Service officer of class 1. the United States of 

America to the Republic 

of Niger. 

AGENCY FOR INTER· 

INTERNATIONAL 

DEVELOP;MENT 

105 170 Maurice J. Williams, of Deputy Administrator, 

West Virginia. Agency for International Rutherford M. Poats. 

Development. 

37-022--70--No. l SS 

U.S, GOVERti.MEitT PRINTING OFFICE: 1970
Editorial Note on Part 7
Editorial Note: The Alphabetical Listing is updated annually by the Office of the Federal Register.

§ 7.79 Amistad Recreation Area. ( a ) *Hunting.* ( 1 ) Hunting is allowed at times and locations designated as open for hunting.
( 2 ) The hunting season and species allowed to be taken will be designated on an annual basis by the superintendent.
( 3 ) Deer, javelina, and turkey may be taken only by long bow and arrow. Water fowl and game birds may be taken only by shotguns and bird shot. The use of all other weapons for hunting is prohibited.
( b ) *Fishing.* Unless otherwise designated, fishing in a manner authorized under applicable State law is allowed.
( c ) *Personal Watercraft (PWC).* ( 1 ) PWCs are allowed within Amistad National Recreation Area with the following exceptions: ( i ) The following areas are closed to PWC use: ( A ) Hidden Cave Cove (where marked by buoys), located on the Rio Grande.
( B ) Painted Canyon (where marked by buoys), located on the Rio Grande.
( C ) Seminole Canyon, starting 0.5 miles from the mouth of the Rio Grande.
( D ) Government coves at Diablo East and Rough Canyon to include the water and shoreline to the top of the ridge/property line.
( E ) All terrestrial cave and karst features.
( F ) The Lower Rio Grande area below Amistad Dam.
( G ) The water area extending 1000 feet out from the concrete portion of Amistad Dam.
( ii ) PWC are prohibited from landing on any island posted as closed.
( 2 ) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives.
[34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, 1984; 69 FR 30216, May 27, 2004; 72 FR 13706, Mar. 23, 2007]
§ 1149.19 What happens once an answer is filed? ( a ) When the reviewing official receives an answer, he/she must simultaneously file the complaint, the answer, and a designation of the NEA's representative with the ALJ.
( b ) When the ALJ receives the complaint and the answer, he/she will promptly serve a notice of hearing upon you and the NEA representative, in the same manner as the complaint. At the same time, the ALJ must send a copy of such notice to the reviewing official or his designee.
#### § 223.199 Procedures for cooperating with other agencies.

The Regional Foresters may enter into agreements to cooperate with the Department of the Interior, the Department of Defense, and other Federal, State and local agencies for monitoring, surveillance and enforcing the Act.
CERTIFICATION
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiary, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; and(d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
and(b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
  /s/    Thomas R. JohnsonThomas R. JohnsonChief Executive Office and

Chief Financial Officer 31
# Presidential Table 1
ERIC WANG

 

1501 WILSON BLVD.

SUITE 1050 

ARLINGTON, VA 22209 

 202.417.3528 DIRECT 

 EW@GOBERGROUP.COM

October 6, 2022

VIA EMAIL

Attn: Christal Dennis

CELA, Federal Election Commission

1050 First Street, NE

Washington, DC 20463

Re:    Save Missouri Values; request for second extension in MUR 8058

Dear Ms. Dennis,

On behalf of Save Missouri Values (“SMV”), we respectfully ask for another 30‐

day extension to file SMV’s response in the above‐referenced matter. With the extension

that was previously granted, SMV’s response is currently due next Monday, October 10,

2022. The additional extension sought would make SMV’s response due on November

9, 2022.

We understand that SQI Limited (“SQI”) has been granted a second extension for

filing its response in order to allow its counsel to gather additional facts pertaining to

the allegations in this matter. Since SMV is on the receiving end of the transaction at

issue in this matter, it is possible that any additional facts that counsel for SQI gather in

MUR805800039
    MS. CHRISTAL DENNIS

     OCTOBER 6, 2022

    PAGE 2 OF 2

   

this matter may have an impact on SMV’s response, and therefore it would be prudent

for SMV to be given the same additional time to file its response.

If the requested second extension to file SMV’s response is contingent on SMV

entering into a tolling agreement, please send me a tolling agreement to that effect.

Thank you for your consideration.

Sincerely,

Eric Wang

MUR805800040
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 34 to the 1933 Act Registration Statement (Form N-4 No. 333-172328) and Amendment No. 792 to the 1940 Act Registration
      Statement (Form N-4 No. 811-08517), and to the use therein of our reports dated (a) March 13, 2020, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 15, 2020, with respect to the financial statements of Lincoln National Variable Annuity
      Account N for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

    

    

    

    

    

    

    /s/ Ernst & Young LLP

    Philadelphia, Pennsylvania

    August 14, 2020