alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

Convened January 3, 1989 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Wednesday, June 7, 1989 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
Calendar Message 

No. No. 

* 112 199 

* 137 268 

* 140 289 

* 160 62 

* 161 146 

1 

NOMINATIONS 

Nominee, Office, And Predecessor 

AMBASSADOR 

Joseph Verner Reed, of Connecticut, for the 

rank of Ambassador during his tenure of 

service as Chief of Protocol for the White 

House. 

DEPARTMENT OF STATE 

Douglas P. Mulholland, of Maryland, to be 

an Assistant Secretary of State, vice 

Morton I. Abramowitz, resigned. 

Peter F. Secchia, of Michigan, to be 

Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to Italy. 

[NEW REPORTS] 

THE JUDICIARY 

Michael W. Farrell, of the District of 

Columbia, to be an Associate Judge of the 

District of Columbia Court of Appeals for 

the term of fifteen years, vice William 

Cornet Pryor, retired. 

EXECUTIVE OFFICE OF THE 

PRESIDENT 

William M. Diefenderfer, III, of Virginia, 

to be Deputy Director of the Off ice of 

Management and Budget, vice John F. Cogan, 

resigned. 

Reported 

Bv 

May 10, 89 Mr. Pell, 

Committee on Foreign 

Relations, without printed 

report. 

May 17, 89 Mr. Pell, 

Committee on Foreign 

Relations, without printed 

report. 

Do. 

Jun 6, 89 Mr. Glenn, 

Committee on Governmental 

Affairs, without printed 

report. 

Do. 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

* 

No. No. By 

OFFICE OF PERSONNEL MANAGEMENT 

162 241 Constance Berry Newman, of Maryland, to be Jun 6, 89 Mr. Glenn, 

Director of the Office of Personnel Committee on Governmental 

Management, vice Constance Horner, Affairs, without printed 

resil!Iled. rePOrt . . . *Stgntftes nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
#### Hogan, plaintiff in error, v. People.

*Election law*— *offenses against. Evidence.*

On the trial of an indictment, under the statute making it a felony " for any person other than an inspector of elections to knowingly and willfully put, or cause to be put, ballots into a ballot-box ” at certain elections, it was admitted that the prisoner was not an inspector, and that he did put ballots into a ballot-box at an election. *Held,*that evidence to show that the prisoner was, at the time, acting as inspector instead of C., who had been appointed, and who had, by power of attorney, appointed the prisoner to act in his place, was properly rejected.

Error to review a conviction of the plaintiff in error. The facts appear in the opinion.

*B. K.*Phelps, district attorney, for the people.

Donohue, J.

The plaintiff in error was indicted under a statute of the State making it a felony “ for any person other than an inspector of elections to knowingly and willfully put, or cause to be put, ballots into a ballot-box at elections provided for in the act.” That the plaintiff in error was not an inspector is admitted, as, also, that he did put ballots into a ballot-box at an election held under the provisions of the law alleged to be violated.

On this simple statement of the case the counsel for Hogan does not argue that there is any defense; but in the court below he sought to introduce testimony to show that Hogan was acting as inspector, instead of one Conklin, who had been appointed, and who had, by power of attorney, appointed Hogan to act in his place; and on the refusal of the judge before whom the case was tried to admit the evidence, he excepted, and now asks this court to review that ruling.

We think the evidence was properly rejected. The evidence does not tend to any point but to show that some one who was wrong in his advice told Hogan to act. He knew he was not an inspector, and took some one’s statement that Conklin had power to appoint. To open the door to the defense set up here would be a dangerous precedent. If Hogan would be justified in relying on a lawyer’s advice other parties would be equally so, and it would be difficult to see hoAV the mischief could be remedied, and' the safety sought by the statute to guard elections would be at an end. How far the *536defendant’s good faith and want of bad motive ought to screen him must be left to the discretion of the court, who will pass judgment, and the power of the executive. The offense that the law denounced is clearly made out.

The j udgment should be affirmed.

Davis, P. J., and Daniels, J., concurred.

*Conviction affirmed.*
**Exhibit 31.1**
CERTIFICATION
I, Richard P. Ekstrand, certify that:
 1. I have reviewed this Annual Report on Form 10-K of Rural CellularCorporation, a Minnesota corporation (the “registrant”);  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 (a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report isbeing prepared;  (b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting; and
The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors:
 (d) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and  (e) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.        Date: March 5, 2004 /s/ Richard P. Ekstrand   Richard P. Ekstrand   President and Chief Executive Officer
Final Action On Regulations

Title 10

DEPARTMENT OF

HEALTH AND MENTAL HYGIENE

Subtitle 10 LABORATORIES

Notice of Final Action

[09-114-F]

On May 12, 2009, the Secretary of Health and Mental Hygiene adopted amendments to:

(1) Regulations .02 — .04 under COMAR 10.10.01

General;

(2) Regulations .01 — .03 under COMAR 10.10.02

Medical Laboratories — General;

(3) Regulations .01 — .04 and adopted new Regulations .05 — .06 under COMAR 10.10.03 Medical Laboratories — Licenses;

(4) Regulations .01 — .03 under COMAR 10.10.04

Medical Laboratories — Fees;

(5) Regulations .01 — .05 under COMAR 10.10.05

Medical Laboratories — Proficiency Testing;

(6) Regulations .01 — .05, .07, .08, .10, and .14 — .16,

repealed existing Regulation .09, and adopted new Regulation .05-1 under COMAR 10.10.06 Medical Laboratories

Quality Assurance (QA);

(7) Regulations .01, .03, and .05 under COMAR

10.10.07 Medical Laboratories — Personnel; and

(8) Regulations .01, .02, and .04 under COMAR

10.10.08 Medical Laboratories — Sanctions.

This action, which was proposed for adoption in 36:7

Md. R. 530 — 542 (March 27, 2009), has been adopted as

proposed.

Effective Date: June 1, 2009.

JOHN M. COLMERS

Secretary of Health and Mental Hygiene

Title 26

DEPARTMENT OF

THE ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.35 Volatile Organic Compounds from

Adhesives and Sealants

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-203,

Annotated Code of Maryland

Notice of Final Action

[09-094-F]

On April 29, 2009, the Secretary of the Environment

adopted amendments to Regulation .01 under COMAR

26.11.35 Volatile Organic Compounds from Adhesives

and Sealants. This action, which was proposed for adoption in 36:4 Md. R. 362 — 363 (February 13, 2009), has been

adopted as proposed.

Effective Date: June 1, 2009.

SHARI T. WILSON

Secretary of the Environment

Title 31

MARYLAND

INSURANCE ADMINISTRATION

Subtitle 05 ASSETS, LIABILITIES, RESERVES,

AND INVESTMENTS OF INSURERS

31.05.01 Annual Actuarial Opinion and Memorandum

Authority: Insurance Article, §§2-109(a)(1), 4-116, 5-103, 5-201, 8-444, and

14-121,

Annotated Code of Maryland

Notice of Final Action

[09-100-F]

On April 22, 2009, the Insurance Commissioner adopted

the repeal of existing Regulations .01 — .10, and new Regulations .01 — .07 under COMAR 31.05.01 Annual Actuarial Opinion and Memorandum. This action, which was

proposed for adoption in 36:5 Md. R. 430 — 444 (February

27, 2009), has been adopted with the nonsubstantive

changes shown below.

Effective Date: June 1, 2009.

787

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

MARYLAND REGISTER, VOL. 36, ISSUE 11 FRIDAY, MAY 22, 2009
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

FIRST SESSION { 

SECOND SESSION { 

Convened January 3, 7997 

EXECUTIVE CALENDAR 

Thursday, February 21, 1991 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett. Executive Clerk 
Calendar 

No. 

1 

Calendar 

No. 

* 9 

* 10 

Treaty 

Doc. No. 

EX. B., 

95-1 

Message 

No. 

7 

62 

1 

TREATIES 

Subject 

Two Related Protocols to the Convention for 

the Unification of Certain Rules Relating 

to International Carriage by Air, as 

Amended (Montreal Aviation Protocols No. 3 

and 4). 

NOMINATIONS 

Nominee, Office, And Predecessor 

[NEW REPORTS] 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

Susannah Simpson Kent, of Pennsylvania, to 

be Director of the Institute of Museum 

Services, vice Daphne Wood Murray, 

resigned. 

William E. Strickland, Jr., of 

Pennsylvania, to be a Member of the 

National Council on the Arts for a term 

expiring September 3, 1996, vice Phyllis 

P. Berney, term expired. 

Reported 

Bv 

Feb 5 91 Reported favorably 

by Mr. Pell, Committee on 

Foreign Relations, with a 

resolution of advice and 

consent to ratification 

with provisos. (Printed 

report--Ex. Rept. 102-1 

together with minority 

views). 

Reported 

Bv 

Feb 20, 91 Mr. Kennedy, 

Committee on Labor and 

Human Resources, without 

printed report. 

Do. 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

* 

* 

No. No. Bv 

NATIONAL SCIENCE FOUNDATION 

11 9-7 Walter E. Massey, of Illinois, to be Feb 20, 91 Mr. Kennedy, 

Director of the National Science Committee on Labor and 

Foundation for a term of six years, vice Human Resources, without 

Erich Bloch, term expired. printed report. 

NATIONAL COUNCIL ON DISABILITY 

12 10-7 The following named persons to be Members Do. 

of the National Council on Disability for 

the terms indicated: 

John Leopold, of Maryland, for a term 

expiring September 17, 1991, vice Brenda 

Premo, term expired. 

Mary Ann Mobley-Collins, of California, 

for a term expiring September 17, 1991, 

vice Joni Tada term exnired. .. *Stgntf1es nomtnee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate. 
3 

NOMINATIONS PLACED ON THE SECRETARY'S DESK IN THE 

SERVICE 

PUBLIC HEALTH 

Public Health Service nominations beginning Alan R Baker, and ending Maria E Stetter, which 

nominations were received by the Senate and appeared in the Congressional Record of January 4, 

1991.
Editorial Note on Part 7
Editorial Note: The Alphabetical Listing is updated annually by the Office of the Federal Register.

§ 7.46 Virgin Islands Coral Reef National Monument. ( a ) *Extractive uses.* ( 1 ) All extractive uses are prohibited within the boundaries of the Monument, including, but not limited to, harvest or collection of fish, coastal migratory pelagic fish, baitfish, lobsters, conch, whelk, corals, sponges and all associated reef invertebrates, and sand, water, plants, seeds, fruit, marine mammals, marine birds, gas, minerals, and rocks.
( 2 ) All submerged cultural resources are protected under the Archeological Resource Protection Act and the Abandoned Shipwrecks Act.
( b ) *Exceptions.* ( 1 ) Exceptions to prohibited extractive uses are limited to bait fishing at Hurricane Hole and blue runner (hardnose) line fishing in the area south of St. John. The Superintendent shall issue permits for such uses.
( 2 ) Bait fishing shall be permitted with cast net at a distance greater than ten feet from the seaward edge of the mangrove prop root system.
( 3 ) A maximum of three gallons of baitfish is allowed per fisherman per day.
( 4 ) Blue runner shall be caught using hand lines and chum (a mixture of ground up baitfish and sand to attract the fish).
( 5 ) Any fish caught other than blue runner shall be released.
( 6 ) Vessels involved in the catch of blue runner may use moorings designated for that purpose.
( c ) *Marine Operations.* No dredging, excavating, or filling operations of any kind are permitted, and no equipment, structures, by-product or excavated materials associated with such operations may be deposited in or on the waters or ashore within the boundaries of the monument.
( d ) *Wrecks.* No person shall destroy or molest, remove, deface, displace or tamper with wrecked or abandoned waterborne craft of any type or condition, submerged cultural resources, or any cargo pertaining thereto, unless permitted in writing by an authorized official of the National Park Service.
( e ) *Boats.* ( 1 ) No watercraft shall operate in such a manner, nor shall anchors or any other mooring device be cast or dragged or placed, so as to strike or otherwise cause damage to any underwater feature.
( 2 ) All watercraft, carrying passengers, for hire, shall comply with applicable regulations and laws of the U.S. Coast Guard and Territory of the Virgin Islands.
( 3 ) Anchoring will only be permitted in emergency situations to protect life and property.
( 4 ) Anchoring shall only be permitted from 48 hours prior to landfall of the hurricane to 48 hours following passage of the hurricane.
( 5 ) No lines or ropes shall be attached to mangroves or other shoreline vegetation.
[68 FR 16435, Apr. 4, 2003]
# EUR-Lex - 12002E253 - EN

Avis juridique important

*|*

# 12002E253

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 2: Provisions common to several institutions - Article 253 - Article 190 - EC Treaty (Maastricht consolidated version) - Article 190 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0135 - 0135 Official Journal C 340 , 10/11/1997 P. 0281 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0067 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 2: Provisions common to several institutions

Article 253

Article 190 - EC Treaty (Maastricht consolidated version)

Article 190 - EEC Treaty

Article 253

Regulations, directives and decisions adopted jointly by the European Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.
### Exhibit 31.2

### Certification under Rule 13a-14(a)/15d-14(a) of

### William N. Hagler, President, Director

I, William N. Hagler, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of
Intermountain Refining Co., Inc.;
2. Based on my knowledge, this report does not contain any
untrue statement of material fact or omit to state a material fact necessary to
make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this
report;
3. Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
small business issuer as of, and for, the periods presented in this
report;
4. The small business issuer's other certifying officer and I
are responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have:

> 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 small business issuer, is made
> known to us by others within the entity, particularly during the period in which
> this report is being prepared;
> Evaluated the effectiveness of the small business issuer'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
> Disclosed in this report any change in the small business
> issuer's internal control over financial reporting that occurred during the
> small business issuer's fourth fiscal quarter that has materially affected, or
> is reasonably likely to materially affect, the small business issuer's control
> over financial reporting; and

1. The small business issuer's other certifying officer and I
have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the small
business issuer's board of directors:

> 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 small business issuer's ability to
> record, process, summarize and report financial information; and
> Any fraud, whether or not material, that involves management
> or other employees who have a significant role in the small business issuer's
> internal control over financial
> reporting.

Date: July 10,
2007/s/_William N.
Hagler________William N. Hagler, President,
Director
No. 2283.

#### Allen Shuler *v.*The State.

Burglary and Theft—Case Stated—Charge of the Court.—Appellant was tried for burglary and the theft of certain oats which were found in the possession of one Bond, which oats the said Bond, in appellant’s presence, claimed to have purchased; and there was evidence in support of this claim of Bond’s. *Held*that the trial court, in its charge to the jury, should have affirmatively and pertinently expounded the law both as to opportune explanation of the possession of recently stolen property and as to the defense of parchase of the property, as claimed by Bond, who was jointly indicted with this appellant for the offense. (See Bond’s case, ante, 180.)

Appeal from the District Court of Gonzales. Tried below before the Hon. George McCormick.

This is a companion case to that of Charles Bond v. The State, next preceding. The punishment assessed against this appellant was two years in the penitentiary.

*Ponton & Fly,*for the appellant.

*Walter Weaver,*for the State.

White, Presiding Judge.

This is a companion case to Bond v. The State, just decided—both appellants having been jointly indicted for the same burglary and theft of oats. The alleged stolen property was found on the premises and in the possession of Bond, and appellant made no claim of any kind to it. His guilty connection, if any, with the property arose from the fact that he was a principal who acted in connection with Bond in the perpetration of the burglary.

When the oats were found in Bond’s possession he, Bond, in presence of defendant, claimed that he had purchased the oats. Under the circumstances, situated as he was, the defendant was entitled to the benefit of any explanation of possession made by his codefendant Bond, in his presence. Such being the state of the evidence, the court should in this case have instructed the jury with regard to the law, both as to reasonable explanation *183of possession of property recently stolen, and also the law with regard to a purchase of the property as claimed by Bond.

Opinion delivered March 9, 1887.

For error in the charge of the court by failing to submit pertinently and affirmatively the la^ applicable to the material issues of the defense, the judgment is reversed and the cause remanded.

*Reversed and remanded.*
Exhibit  32

                           Section  1350  Certification

Pursuant  to  18  U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley  Act  of  2002  ("Section  906"),  H. Douglas Saathoff, the Chief
Executive  Officer  and  the  Principal  Accounting  and  Financial  Officer  of
Nighthawk  Systems, Inc., certifies that (i) the Quarterly Report on Form 10-QSB
for  the  period  ended  March  31, 2006 fully complies with the requirements of
Section  13(a)  or  15(d)  of  the  Securities Exchange Act of 1934 and (ii) the
information  contained in such report fairly presents, in all material respects,
the  financial  condition  and  results of operations of Nighthawk Systems, Inc.

A  signed  original  of  this written statement required by Section 906 has been
provided  to  Nighthawk Systems, Inc. and will be retained by Nighthawk Systems,
Inc.  and  furnished to the Securities and Exchange Commission or its staff upon
request.


Date:  May  22,  2006    By:  /s/  H.  Douglas  Saathoff
                                 ----------------------------------
                                 H.  Douglas  Saathoff,
                                 Chief  Executive  Officer  and  Principal
                                 Accounting  and  Financial  Office