alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 12,150.

#### The Western Union Telegraph Company *v.*Walker.

Telegraph *Company.—Failure to Transmit Message.*— *Penalty.—Statute Must be Strictly*Construed.—In an action against a telegraph company to recover the penalty for failing to diligently transmit a message, the statute is to be-strictly construed, and the case must be brought fully within its provisions.

Same.—Complaint.—It is not necessary that the exact words of the statute should he used in the complaint; it is sufficient, if words of equivalent meaning are employed.

Erom the Benton Circuit Court.

J. *R. Coffroth, T. A. Stuart*and *D. Fraser,*for appellant.

*M. H. Walker*and *I. H. Phares,*for appellee.

Elliott, J.

The only, question argued by the appellant’s counsel is that arising on the demurrer to the complaint? and, under the well settled practice, all other questions are deemed waived.

Since the preparation of counsel’s brief, a correct copy of appellee’s complaint has been ..sent up by a return to a *certiorari,*and from this it appears that the objection urged to the complaint is not well,founded. The complaint is based on the statute imposing a penalty on telegraph companies for a failure to diligently and impartially transmit messages, and the objection urged is that it does not aver that the appellant is an “ electric telegraph company with a line of wires extending wholly or partly through this State and engaged in telegraphing for the public.” The complaint, contains these averments: The defendant “is an electric telegraph company duly organized as-a corporation, and was, on the 8th day of August, 1884, and ever since that time, engaged in the business of transmitting telegraph messages for the public; that it was, on said 8th day of August, 1884, oper*600ating a telegraph office in the town of Fowler, Benton county, Indiana, and another in the town of Remington, Jasper county, Indiana; that said defendant was the owner and operator of a line of wires on the said 8th day of August, 1884,. extending to and through each of said points, to wit, the-town of Fowler, Benton county, Indiana, and the town of Remington, Jasper county, Indiana.”

Filed Sept. 16, 1885.

We agree with counsel that the action is one to recover a penalty, that the statute is to be strictly construed, and that a party suing for a penalty must bring his case fully within the provisions of the statute. *Western Union Tel. Co.*v. Mossler, 95 Ind. 29; *Rogers*v. *Western Union Tel. Co.,*78 Ind. 169; S. C., 41 Am. R. 558; *Western Union Tel. Co.*v. *Axtell,*69 Ind. 199, and authorities cited. We are, however, of the opinion that the appellee’s complaint does bring his case within the words of the statute.

It is true that the exact words of the law are not used, but words of equivalent meaning are employed, and this is sufficient. *State*v. *Miller,*98 Ind. 70; 1 Bishop Cr. Proc., section 612.

Judgment affirmed.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2219 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2219

      To require the National Telecommunications and Information 
 Administration to update a report on the role of telecommunications, 
       including the Internet, in the commission of hate crimes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2014

  Mr. Markey introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
      To require the National Telecommunications and Information 
 Administration to update a report on the role of telecommunications, 
       including the Internet, in the commission of hate crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hate Crime Reporting Act of 2014''.

SEC. 2. REPORT.

    Section 155 of the National Telecommunications and Information 
Administration Organization Act (enacted as section 135 of Public Law 
102-538; 106 Stat. 3542) is amended to read as follows:

``SEC. 155. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE CRIMES.

    ``(a) Report Required.--Not later than 1 year after the date of 
enactment of the Hate Crime Reporting Act of 2014, the NTIA, with the 
assistance of the Department of Justice, the Commission, and the United 
States Commission on Civil Rights, shall submit a report to the 
Committee on Energy and Commerce and the Committee on the Judiciary of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation and the Committee on the Judiciary of the Senate on 
the role of telecommunications in hate crimes in accordance with 
subsection (b).
    ``(b) Scope of Report.--The report required under subsection (a) 
shall--
            ``(1) analyze information on the use of telecommunications, 
        including the Internet, broadcast television and radio, cable 
        television, public access television, commercial mobile 
        services, and other electronic media, to advocate and encourage 
        violent acts and the commission of crimes of hate, as described 
        in the Hate Crime Statistics Act (28 U.S.C. 534 note);
            ``(2) include any recommendations, consistent with the 
        First Amendment to the Constitution of the United States, that 
        the NTIA determines are appropriate and necessary to address 
        the use of telecommunications described in paragraph (1); and
            ``(3) update the previous report submitted under this 
        section (as in effect before the date of enactment of the Hate 
        Crime Reporting Act of 2014).''.
                                 <all>
```
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the year ended
December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Troy H. Lowrie, Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and:
| | -- | ----------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: April 2, 2007



/s/ Troy H. LowrieTroy H. LowrieChief Executive Officer


A signed original of this written statement required by Section 906 has been provided to and will be
retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2


          CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the filing of the Annual Report on Form 10-KSB/A for
the fiscal year ended December 31, 2002 (the "Report") by CapSource Financial,
Inc. ("Registrant"), I, Fred C. Boethling, the Chief Executive Officer of the
Registrant, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

         1. The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended, and

         2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Registrant.

         A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to CapSource
Financial, Inc. and will be retained by CapSource Financial, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.


DATE: September 26, 2003                   By: /s/ Steven J. Kutcher
                                               ------------------------------
                                           Name: Steven J. Kutcher
                                           Chief Financial Officer
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 23-2482

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Billy Joe Taylor

 Defendant - Appellant

____________

Appeal from United States District Court 

for the Western District of Arkansas - Ft. Smith

____________ 

Submitted: July 23, 2024

Filed: July 31, 2024

[Unpublished] 

____________ 

Before KELLY, GRASZ, and STRAS, Circuit Judges. 

____________

PER CURIAM.

 Before Billy Taylor pleaded guilty to money laundering and conspiracy to 

commit health-care fraud, 18 U.S.C. §§ 1347, 1349, 1957, the district court1 refused 

to release his seized assets and denied his request to change attorneys. Although he 

1

The Honorable P.K. Holmes, III, United States District Judge for the Western 

District of Arkansas.
-2- 

argues that these rulings violated his Fifth and Sixth Amendment rights, he cannot 

challenge them after unconditionally pleading guilty. See Tollett v. Henderson, 411 

U.S. 258, 267 (1973) (explaining that a guilty plea “break[s] . . . the chain of events,” 

meaning it forecloses “independent clams relating to the deprivation of 

constitutional rights” that “preceded it in the criminal process”); United States v. 

Dewberry, 936 F.3d 803, 807 (8th Cir. 2019) (holding that a defendant waived a 

Sixth Amendment challenge by pleading guilty). Nor can he argue that his plea was 

unknowing or involuntary, given that he first raised the point in his reply brief. See 

Jenkins v. Winter, 540 F.3d 742, 751 (8th Cir. 2008) (“Claims not raised in an 

opening brief are deemed waived.”). Finally, his argument that appointed counsel

provided ineffective assistance will have to await collateral review. See United 

States v. Ramirez-Hernandez, 449 F.3d 824, 827 (8th Cir. 2006) (explaining that 

ineffective-assistance claims are “more properly raised in a separate motion under 

28 U.S.C. § 2255”). We accordingly affirm the judgment of the district court.

______________________________
Exhibit 32.1

                                  CERTIFICATION

      The undersigned, Michael Mak, Chief Executive Officer of the Company,
certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:

(1) The accompanying Annual Report on Form 10-KSB for the period ended December
31, 2004, fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

(2) The information contained in the accompanying Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date:  April 15, 2005                  /s/  Michael Mak
                                       -----------------------------------------
                                       Michael Mak, Chief Executive Officer
---

Exhibit 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC
ACCOUNTING FIRM

We consent to the incorporation by reference in the
Registration Statements on Forms S-1 (333-165728), S-1/A (333-163384) and S-8
(333-141262 and 333-164394) of our audit reports dated June 8, 2010, with
respect to the consolidated financial statements of U.S. Geothermal Inc. and the
effectiveness of internal control over financial reporting of U.S. Geothermal
Inc. included in the Annual Report (Form 10-K) for the year ended March 31,
2010.

/s/ BehlerMick PS
BehlerMick PS
Spokane, Washington
June 8, 2010





---
EXHIBIT 99b

CERTIFICATE OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Harry Miller, certify that:

1. I have reviewed this Form 10-KSB for the period ended
December 31, 2002 of Black Gardenia Corp.;

2. Based on my knowledge, this report does not contain any
untrue statement of a 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
registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officers and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15 and 15d-15) for the registrant
and have:

(a) Designed such disclosure controls and procedures to ensure
  that material information relating to the registrant, including its
  consolidated subsidiaries, is made known to us by others within those
  entities, particularly during the period in which this report is being
  prepared; (b) Evaluated the effectiveness of the
  registrant's disclosure controls and procedures as of a date within 90 days
  prior to the filing date of this report (the "Evaluation Date"); and (c) Presented in this report our conclusions about the
  effectiveness of the disclosure controls and procedures based on our
  evaluation as of the Evaluation Date;


5. The registrant's other certifying officers and I have
disclosed, based on our most recent evaluation, to the registrant's auditors and
the audit committee of registrant's board of directors (or persons performing
the equivalent functions):

(a) All significant deficiencies in the design or operation of
  internal controls which could adversely affect the registrant's ability to
  record, process, summarize and report financial data and have identified for
  the registrant's auditors any material weaknesses in internal controls; and (b) Any fraud, whether or not material, that involves
  management or other employees who have a significant role in the registrant's
  internal controls; and


6. The registrant's other certifying officers and I have
indicated in this report whether there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

|Date: March 31, 2003 | /s/ Harry Miller
    _______________________
    Harry Miller, Chief Financial Officer
|-------------------- | --------------------------------------------------------------------------------------

* Provide a separate certification for each principal
executive officer and principal financial officer of the registrant. See Rules
13a-14(a) and 15d-14(a).
<TABLE> <S> <C>

<ARTICLE>                             5
<LEGEND>
This schedule  contains summary  financial  information  extracted from Davidson
Income Real  Estate,  L.P.  2000 Third  Quarter  10-QSB and is  qualified in its
entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK>                                 0000768598
<NAME>                                Davidson Income Real Estate, L.P.
<MULTIPLIER>                                              1,000

<S>                                     <C>
<PERIOD-TYPE>                         9-MOS
<FISCAL-YEAR-END>                     DEC-31-2000
<PERIOD-START>                        JUL-01-2000
<PERIOD-END>                          SEP-30-2000
<CASH>                                                      705
<SECURITIES>                                                  0
<RECEIVABLES>                                               197
<ALLOWANCES>                                                  0
<INVENTORY>                                                   0
<CURRENT-ASSETS>                                              0 <F1>
<PP&E>                                                   26,128
<DEPRECIATION>                                          (12,785)
<TOTAL-ASSETS>                                           14,777
<CURRENT-LIABILITIES>                                         0 <F1>
<BONDS>                                                  11,683
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                      0
<OTHER-SE>                                                2,429
<TOTAL-LIABILITY-AND-EQUITY>                             14,777
<SALES>                                                       0
<TOTAL-REVENUES>                                          3,790
<CGS>                                                         0
<TOTAL-COSTS>                                                 0
<OTHER-EXPENSES>                                          2,675
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                          736
<INCOME-PRETAX>                                               0
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                           0
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                                443
<EPS-BASIC>                                               16.06 <F2>
<EPS-DILUTED>                                                 0
<FN>
<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.
</FN>


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                                               <C>
<PERIOD-TYPE>                                     6-MOS
<FISCAL-YEAR-END>                                  DEC-31-1998
<PERIOD-START>                                     JAN-01-1998
<PERIOD-END>                                       JUN-30-1998
<DEBT-HELD-FOR-SALE>                                    43,402
<DEBT-CARRYING-VALUE>                                        0
<DEBT-MARKET-VALUE>                                          0
<EQUITIES>                                                  29
<MORTGAGE>                                                 291
<REAL-ESTATE>                                              906
<TOTAL-INVEST>                                          45,352
<CASH>                                                  10,648
<RECOVER-REINSURE>                                      12,819
<DEFERRED-ACQUISITION>                                   3,944
<TOTAL-ASSETS>                                         100,971
<POLICY-LOSSES>                                         40,310
<UNEARNED-PREMIUMS>                                        805
<POLICY-OTHER>                                          33,962
<POLICY-HOLDER-FUNDS>                                    5,376
<NOTES-PAYABLE>                                          9,799
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                580
<COMMON>                                                 1,021
<OTHER-SE>                                              14,760
<TOTAL-LIABILITY-AND-EQUITY>                           100,971
<PREMIUMS>                                              35,559
<INVESTMENT-INCOME>                                      1,906
<INVESTMENT-GAINS>                                       4,013
<OTHER-INCOME>                                             128
<BENEFITS>                                              24,532
<UNDERWRITING-AMORTIZATION>                                540
<UNDERWRITING-OTHER>                                    16,204
<INCOME-PRETAX>                                            231
<INCOME-TAX>                                                 3
<INCOME-CONTINUING>                                        328
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                               328
<EPS-PRIMARY>                                             0.01
<EPS-DILUTED>                                             0.01
<RESERVE-OPEN>                                               0
<PROVISION-CURRENT>                                          0
<PROVISION-PRIOR>                                            0
<PAYMENTS-CURRENT>                                           0
<PAYMENTS-PRIOR>                                             0
<RESERVE-CLOSE>                                              0
<CUMULATIVE-DEFICIENCY>                                      0
        


</TABLE>
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, James Briscoe, President and Chief Executive Officer of Liberty Star Gold Corp., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
| (1) | the annual report on Form 10-KSB/A of Liberty Star Gold Corp. for the period ended January 31, 2005 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Liberty Star Gold Corp.                                                               |

Dated: March 17, 2006

/s/ James Briscoe

James Briscoe

President and Chief Executive Officer

(Principal Executive Officer)

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Liberty Star Gold Corp. and will be retained by Liberty Star Gold Corp. and furnished to the Securities and Exchange Commission or its staff upon request.