Home Remedy For Constipation

Pretty much everyone is looking for a simple home remedy for constipation as it is such an embarrassing and often frustrating condition.

Constipation is easily defined as having a bowel movement fewer than three times per week. With constipation stools are usually hard, dry, small in size, and difficult to remove. Some people who are constipated find it quite painful to have a bowel movement and often experience training, bloating, and the sensation of a full bowl.

If you are wondering what has been causing your frustrating constipation the following should help you:

not enough fiber in the diet

lack of physical activity (especially in the elderly)

medications

milk

irritable bowel syndrome

changes in life or routine such as pregnancy, aging, and travel

abuse of laxatives

ignoring the urge to have a bowel movement

dehydration

specific diseases or conditions, such as stroke (most common)

problems with the colon and rectum

problems with intestinal function (chronic idiopathic constipation)

People struggling with constipation have been blowing big cash on Over The Counter products, mainly laxatives. Alone in America the annual expenditure on laxitives is well over $ 750 Million.

But dont fret, you dont need to fork out hundreds of dollars for repeated usage of laxatives to temporarily fix your pain, you can simply use later on.

The main ways you can go about getting rid of your constipation are:

Diet – Start eating High-fiber foods including beans, whole grains and bran cereals, fresh fruits, and vegetables such as asparagus, Brussels sprouts, cabbage, and carrots. For people continuously getting constipation, limit foods with minuscule or no amount of fiber content normally dairy products, meat and processed foods.

Lifestyle changes – Including exercising more frequently this is a big one because people who are stuck with illness and can not exercise much often come down with constipation, it is not known why but it is a given fact. Drink lots of fluid, including fruit and vegetable juices if possible.

Here are a couple of home remedies for constipation

Drink a glass of metamucil at night.

Drink 2-3 glasses hot water in the morning.

1. Lie flat on the ground on your back. While inhaling, lift your left foot towards your chest very slowly.

2. Hold your foot to your chest with your hands for 10 seconds (hold your breath).

3. Slowly release the foot while exhaling.

4. Repeat steps 1-2 with the other foot.

You will keep passing gas while doing the above. Keep doing steps 1-4 until the pressure builds up.

Another home remedy for constipation

For constipation to stay regular or to clean your system take glass of water and squeeze a half of a lemon or lime and half of a teaspoon of sugar and mix it then drink it before breakfast or drink it in the morning and you will see the results . And if you are not regular then slice a whole tomato put some salt and eat it in the morning before any meal or drink. guaranteed

If you would like more information on the home remedy for constipation please check out my blog at the link below.

Healthy Eating – Part 2 of Your Fat Burning Nutrition Guide For 6-Pack Abs

Have you set goals to see six-pack abs? While a great workout program enhances your results, nothing is going to boost your results like a proper diet. Unless you have the right foods sorted you will find you struggle with your results. Continuing on from Part 1, here are two more important tips to help you get into top shape…

1. Fiber, Sugar, And Micronutrients. One mistake some people make when putting together their six-pack ab diet plan is focusing too heavily on calories and macronutrients. While both of these are important for long-term success, do not overlook the smaller details, namely fiber, sugar, and the micronutrients.

Getting more dietary fiber into your day by way of fresh vegetables will help fill you up, making it easier to sustain your desired calorie intake. Cutting sugar will contribute to promoting regulated blood sugar levels, which reduces your risk of gaining body fat.

Finally, adding plenty of nutrient dense foods to your daily diet by focusing on wholesome foods rather than processed, will go a long way towards keeping your energy up, ensuring optimal metabolic function, and helping you optimize your well-being.

Both vitamins and minerals play a vital role in keeping your body running optimally, and this is not to be overlooked. Getting a great set of abs does you no good if you feel miserable and never want to leave the house due to poor health. Eating nutrient rich foods will help prevent this.

2. Hydration Smarts. Few people think of hydration when it comes to fat burning nutrition, but it is another significant element in the game. Proper hydration will not only help keep your energy levels up but will also allow you to reduce water retention, which may make it seem like your fat loss is progressing slower than it is.

Additionally, as many people mistake thirst for hunger, staying adequately hydrated can help reduce your chances of eating calories when you do not need them. Plus, it will also contribute to boosting exercise performance, reducing fatigue and allowing you to burn more calories every session.

When it comes to hydrating your body, choose water as often as possible. Adding some branched chain amino acids (BCAAs) to your water jug can be the perfect way to encourage you to drink more while also helping prevent your body from moving into the catabolic state that is so common when on a fat loss diet. Beyond that, protein powder can also be consumed but stay away from any other calorie providing beverages. Aim to get your calories from whole food sources as these just offer greater satiety.

Keep these tips in mind, and you too can have great looking six-pack abs this coming summer.

What Foods Contain Electrolytes?

Electrolytes Explained:

Electrolytes contract muscles, generate electricity, and move fluids and water within the body. Some examples of electrolytes are Sodium, Potassium, Chloride, Bicarbonate, Calcium, and Magnesium. Electrolytes are found in fruit juices, milk, and many fruits and vegetables (e.g. avocados, potatoes, bananas).

It is possible to get electrolytes from many healthy foods.

How much does anybody really know about Electrolytes? The word, Electrolytes, has become a household word lately because a lot of people are familiar with all the currently popular sports drinks. You’ve probably read that electrolytes are good for you and they are important to have when you’re dehydrated or sick. But the thing is, when you are sick, sugary sports drinks are the very last thing your body really needs. Did you know that you also can get electrolytes from many healthy foods?

The Real Facts About Electrolytes:

Electrolytes are liquids, solids, or gases that contain electrically conducting ions and can be measured by laboratory studies of blood serum. The general public wasn’t really aware of electrolytes until some sports drinks started making claims that they contained more electrolytes than water. People who work out or are physically active lose electrolytes when through sweat and need to replenish their electrolytes to regain their energy. Sweat is usually made up of 99 percent water and one percent electrolytes.

Types of Electrolytes:

What you probably have not been told is that the best source of electrolytes is from food, not from sugary drinks. Lots of vegetables, either canned, fresh or frozen vegetables, are high in electrolytes, as are fruits, bread and milk. Potatoes (mashed with salt added is best), avacados, dried fruit, soy products, coconut milk, red and white wine, bread and most meats are all sufficient options for replenishing your body’s electrolyte needs. However, excessive intake of inorganic sulfates can result in diarrhea.

Salted foods can also be used for sodium electrolyte replacement. Salted meats, peanuts, butter — all of these sources are also effective for replacing chloride which is another electrolyte that can be lost along with sodium through sweating. Excessive intake of sodium chloride can result in hypertension which can cause heart concerns so watch how much you consume.

Potassium is an electrolyte which can also be lost through sweat. It can be replaced with fruits like bananas, dairy products, vegetables, nuts and meats. When replaced through food alone, there have been no documented or reported side effects, but potassium replacement through supplementation can result in hyperkalemia. An overload of potassium can result in sudden death in individuals with kidney health issues or renal failure.

Spring water or tap water does not contain electrolytes. But water with a pinch of salt, sugar and flour added to it will provide your body with lots of electrolytes.

Misconceptions About Electrolytes:

You shouldn’t drink large amounts of water to re-hydrate yourself when you have been exercising. Rather, you should drink small amounts of water while at the same time eating an energy bar to replenish your electrolytes. Sports drinks are loaded with sugar but there are somne sugar-free brands out there if you look for them. When your body is still active during workouts, it will have a hard time absorbing the electrolytes until you have stopped for a small period of rest. So while you are engaging in a strenuous physical workout, just take in small amounts of water until you can get to the point of resting for a short while.

The Benefits of Electrolytes:

If your electrolytes are right, you will experience fewer muscle cramps and spasms, increased stamina and less soreness after a workout. If you wake up at night with muscle spasms or cramps, just put a pinch of salt into a glass of water and drink a few sips. Overnight your body will replenish its electrolytes and you won’t experience the same severity of cramps the next day.

A Warning About Electrolytes:

Beef jerky is high in electrolytes but it should not be eaten very regularly. Carcinogens are found in smoked foods, and even though most beef jerky eaters do not eat enough jerky to become sick, it is still important to eat small amounts of it if you are working out but not more than a couple times a week. Beef jerky is very salty so it is a wonderful source of electrolytes but it is not a great source of any other nutrients.

Some Homeopathic Remedies for Replenishing Electrolytes:

Epsom Salt Soak —

To instantly replenish needed electrolytes, create an epsom salts (Magnesium sulfates) bath which allows the minerals to soak directly into the body’s pores. Put 2 cups of Epsom salt in a warm bath every week.

Hydration is Important —

Everyone should drink plenty of water every day and you can add a teaspoon of salt to every 8 ounces of water you drink as an added bonus, contributing to a proper electrolyte balance. It is especially important to stay hydrated if you regularly work out. Sweating and exercise depletes your electrolytes so you need to take these precautions before beginning any strenuous activities.

The Best Scar Removal Treatment, Which Cream Or Product Should You Use?

There are many different types of over the counter scar treatment products available. Commonly used products are the topical use of vitamin E, scar creams based on vitamin E or onion extract like Mederma, cocoa butter, cucumber butter, lime juice, Aloe Vera, Bio Oil, skin remodeling copper peptides and so on. The truth however is that, in contradiction to the abundant positive reviews, most of these natural home remedies are not effective at all.

For example Mederma, a nowadays very popular scar removal cream containing onion extract, does not seem to improve scar appearance and has not shown any benefit over petroleum lubricants.

Various studies show the onion extract gel did not improve scar appearance when compared with a petrolatum-based ointment. A leading dermatology website advices doctors to tell their patients that using this product will likely not cause any harm but will not lead to an improvement either.

This applies to the other aforementioned home remedy scar treatment products as well. For example the topical application of vitamin E on scars.

Clinical trials illustrate that vitamin E provides no more effect than other emollient-type ointments, and hydration appears to be its only beneficial effect. Furthermore, topical vitamin E may actually cause more harm than good, possibly worsening a scar’s appearance and causing contact dermatitis (red rash), and other skin irritations in a large percentage of patients.

The conclusion of examining all these studies and clinical trials is that, either there are no significant improvements or there has not been done any research to determine the efficacy of the product. (On Lime, cucumber and lemon juice and cocoa butter are no studies done) Flagrant exception is silicone scar treatment. Several randomised clinical trials have shown that treatment of keloid and hypertrophic scars with silicone gel sheets significantly and clinically improved the appearance of scars. It will not surprise that silicone sheets, recommended by many plastic surgeons, burn centers and dermatologists, are called ‘the golden standard in scar treatment’. However early treatment is ideal, silicone gel sheets may also be beneficial for older scars

Another, possible effective scar treatment is the use of honey on wounds and scars but more research has to be done. With honey being very beneficial for wound care, a recent review (evaluated the results of 22 clinical trials involving more than 2,000 patients) concluded that honey also minimizes scarring, removes infected and dead tissue and speeds healing by stimulating new tissue growth.

A 1996 study from India showed that burns treated with honey healed sooner than those treated with conventional methods (petrolatum and gauze) and that scarring was reduced. (6.2% of the 450 patients treated ended up with scars compared to 19.7% of the same number of patients who received conventional treatment) So these preliminary studies are promising regarding honey and its scar fading properties. More dermatologists say applying honey to a healing wound or existing scar has not shown to be harmful and may improve scar appearance.

When asked what the best advice concerning this matter is, one must not only think in terms of products (except silicone sheets and maybe honey) but more in terms of what you can do to improve the appearance of a scar. For instance, scar massage can help a lot. Then there are recent trials that show an increased temperature will significantly increase collagenolysis (the process that decreases scar tissue) So heat application e.g. by paraffin wax can be a potent improving measure. Furthermore, hydration is essential. Keeping the scar tissue and surrounding skin moisturized adds to effective scar management.

Easy Removal of Old Boat Lettering and Graphics

I am often asked what is the best way to remove old boat lettering and boat graphics. Perhaps you wish to change the name of the watercraft, or perhaps you just want to upgrade your lettering to a new style with matching boat lettering graphic accents and accessories.

Or perhaps you just want to sell your boat and you wish to save your boat name for a future boat purchase. No matter what the reason, the result is the same, be prepared to scrape that decal and lettering off your boat and come equipped with plenty of elbow grease! Unless of course, you wish to use a little more removal technique and a little less elbow grease. First determine what kind of surface you are working with. Removal from a painted hull is dramatically different than removal from a fiberglass gel coated craft. In either case, you can use a scraping and soapy watery method on any surface. There are several methods to choose from but scraping and soapy water is usually safe for most surfaces and it gives you a chance to stop if you discover you are damaging your boat topcoat. You will need a scratch free plastic scraper (really good ones are very rare) and a solution of 1 cup of water and 5-10 drops of Palmolive dish washing liquid. The dish washing liquid serves two purposes.

First it’s a lubricant to help insure you don’t damage the top surface with thousands of scrape marks caused by any two dry objects being rubbed against each other. Secondly, it prevents the adhesive from re-bonding to the boat once you are able to lift it. A plastic – scratch free – scraper will likely come from your local professional paint retailer. Speak to them about your project and an appropriate scraper. . You might receive an offer for hardened plastic razor blades… -don’t waste your time on these. They do not work well. A good quality suitable scraper will have a very hard sharp edge on it, almost fine enough to cut with. Anything that’s blunt edged or unlike a knife edge is a waste of your time.

The very best scraper I have found is a device called the “Lil Chizzler”. Call your local paint stores and you might find it in stock. These are fairly cheap, around $1.00 each and you will likely need several to complete the job. There are copies of this scraper around but they are not marked “Lil Chizzler” if you find a generic brand of this scraper it is best to avoid it. All of the generics I have tried fail to last for more than a few minutes. Be sure of what you are looking for. Here is a photo of a genuine Lil Chizzler which may help you identify it locally.

Technique 1 Scraping: Spray the decal with your mixture of soapy water. Hold the scraper as close to flat against the boat surface as possible and start slicing across the butt edge of the decal where it meets the boat. Imagine trying to slice roast beef so think you can see through it. This is how you should approach the edge of the decal as you try to lift it off. With a little luck, you might find the decal lifting in such a way you can actually strip it off the boat by hand. If it breaks as you pull it up, then keep trying. The worst case scenario is that you’ll have to remove the whole decal by repeating the slicing action over and over and pulling off small sections with each lift. Just be sure to keep the work area well saturated with the soapy water solution to aid in removal and to help protect the boat surface. In some stubborn cases, application of moderate heat, hot but not to the point of burning skin, will soften the decal and cause a reduction of adhesive bond. Heat can help persuade off a stubborn decal.  

Once you have removed the decal, you will need a solvent to remove the trace adhesive. There are many solvents that work fine, but you should pick your solvent under the advice of your local paint store expert. You need a solvent that dissolves adhesive but does not affect whatever the finish coat is on your boat. Some fiberglass boats can withstand even strong paint removers which allow you to simply wipe on and hose off the decal, but this must be verified before you use any dissolving method chemicals. There is an old story about gasoline being an excellent adhesive remover. Fact is, gasoline will remove most adhesives but it does so at a great risk for your personal safety. Gasoline can poison you or worst yet, explode right in your face causing death or severe burns or both. Don’t use Gasoline. I know it’s tempting but it is just way too dangerous to use as a solvent.

Once I have the decal and adhesive removed, I usually like to hit the whole surface with a nice buffing compound which helps blend the oxidized exposed area to what could be new looking hidden areas under the former decal. You will likely see an imprint where the decal was removed but fortunately this will become less noticeable over time.  Use of a non scratching scraper is important.   There may be other non scratch scrapers available but I’ve only had good results with the Lil Chizzler.   

Leyland Cypress Staking Is Critical

Leyland Cypress trees catch a lot of wind! A deciduous tree like Maples or Oaks have leaves that turn on edge to let the wind pass through, but Leyland Cypress and Thuja Green Giant trees catch the wind. It is important to use the appropriate stakes and tie material for each tree size and also important when they should be removed. For Ball and Burlap trees especially, the trunk to root system connection will have loosened due to loading on the truck, transport to your location, and unloading. Properly staking them will allow that connection to re-tighten and also they will be straight when established. Explained below is exactly which stakes to use, how to secure them and where to purchase the material I recommend. Proper staking is one of the most important steps for success. Don’t waste your money on mulch and invest it on securing your privacy screen trees.

Ten feet and higher trees should be staked with six feet metal fence posts so that each tree is secured in three or four directions. Allowing them to rock back and forth, it will break the root to trunk connection, and a percentage of the trees will die. Ball and Burlap trees from 10 feet through 25 tall should be staked with tree tie webbing from am Leonard item LT500G, the green color is my favorite. It is easy around the trunk yet still has 900 pound test strength. Landscapers have used have used rebar wire or aluminum electric fence wire pushed through two feet sections of garden hose for years which will work for smaller Ball and Burlap (B&B) trees up to thirteen feet tall, but is not strong enough for larger trees and also takes lots of time and dull knives cutting all that garden hose. I always return one year later and collect back my tree stakes and it is very important to cut the tie material from around the trunk. An Arborist knot is best that will hold on but permit some stretching when you secure around the trunk but I also wouldn’t be convinced your helpers used it faithfully on each tree. If you are faithful and remove the tree tie webbing after one year, the tree will not be hurt even if other knots were used.

Fourteen feet and taller trees are best staked by securing the tie around the trunk midway up from the ground (or as high as you can reach) up from the ground. For trees this top heavy, you should not tie to a metal fence post directly in front of the tree because as the wind rocks the tree it will pull the stake up. If you use six feet metal fence posts on trees this size, secure the tie from each tree to the bottom of the tree stake right at ground level in front of the next tree along the row. If you had trees spaced at eight foot on center, and reached up and tied the webbing nine feet high on the trunk, your lines would be at forty five degree angles. Long Island landscapers use four inch diameter pine poles available from Lynch’s garden center in Southampton. Drive in the ground at 45 degree angles away from the trunk. These are strong stakes but still the lines should be tied up midway on the trunks and the lines should be at forty five degree angles for strength to the stakes. Smaller Ball and Burlap trees can be staked with three ply poly twine, it usually comes in white and has a plus in that it rots away after one year. This is great for landscape jobs a good distance away that you might not want to return just to release the tie material.

For seven feet tall B&B trees in twenty-two inch root-ball you can stake with two inch by two inch hardwood stakes six feet tall and use the poly twine or tree tie webbing.

When planting ten gallon size container grown trees five tall I use 1inch diameter 8 feet tall bamboo stakes they can be purchased for around one dollar each. For this application, use a post driver tool and drive the stake down through the root-ball into the ground beneath and use the poly twine. You won’t have to return to the job and collect the bamboo stakes, the portion underground will be rotten by that time and the ply twine will have rotted away as well. After six months walk the row of trees and re-tie anywhere the twine has rotted away, so for fall planted trees re-tie in spring.

Are You Rusty (on California Procedure)?

Are you an attorney, paralegal, or legal secretary re-entering the world of California litigation? Whether you temporarily switched to transactional work, voluntarily took time off to raise your children, or fell victim to the economic crisis, it is unlikely that you have been keeping up on changes to California civil litigation procedure in the interim. Admit it. You are rusty.

You know the old adage: “a little knowledge can be dangerous”? This can be so true if you are rusty. The problem is that you think you know what you are doing because you did it just a few months ago, and, instead of checking the rules, you might simply go ahead and do it, e.g., draft a motion in the wrong format, serve notice of a hearing too late, calendar a deadline past the due date. Unfortunately, you are unlikely to discover that something has changed, and that you have made a grave error, until after you have done so.

Following outdated requirements can have serious consequences, among them, waiving the right to do whatever it was you were attempting to do. That’s why it is so important to use an up-to-date, step-by-step California-specific handbook like Litigation By The Numbers-Fourth Edition and to keep it current by subscribing to the twice yearly Update Service.

In addition to relying on up-to-date information while performing a given task, the prepared legal professional will benefit by focusing on what has changed. To give you a head start, here are some changes to the California Rules of Court, California Code of Civil Procedure, and Judicial Council forms instituted from January 2009 through 2011, starting with 2011. There is a link to earlier changes at the end of this article. [This list was compiled from cover memos sent to Litigation By The Numbers®-Fourth Edition Update Service subscribers over the past few years. To get your own copy, just go to the Buy Now page of our website. We offer a 100% money back guaranty.]

July 2011 Changes

STATEWIDE RULE, CODE, AND FORM CHANGES

Proof of Service and Attachment (POS-040 and POS-040(P)) have been revised as they should have been in January, to change “electronic notification address” to “electronic service address.”

Rule 3.670(i) adds uniform fees for scheduling telephone appearances, an additional fee for a late request for telephone appearance, and, in lieu of those fees, a cancellation fee.

Case Management Statement has been revised to add a new section with detailed information about ADR.

C.R.C., Rule 3.1113 no longer requires lodging copies of non-CA authorities and unpublished cases; court may order lodging. Upon request, the citing party must promptly provide a copy of non-CA authority to a party. Revised rule details what must be included in cite to unpublished case.

LOS ANGELES COUNTY COURT CHANGES

Civil Case Cover Sheet Addendum (L.A. County court form) has been revised.

Rule reorganization – The L.A.S.C.R. are supposed to be entirely reorganized and renumbered effective 7/1/11. The court website has the “proposed rules” and the new rules as well as correlation tables showing the new/old numbers.

Former L.A.S.C.R., Rule 9.0(c), which required documents exceeding 3″ in thickness to be separated into volumes, has been deleted in the revised rules. There is now a “strong request” to do so posted on the court website, but it is limited to the Stanley Mosk courthouse.

The Stanley Mosk courthouse requests courtesy copies of all documents filed seven days or less before a hearing.

January 2011 Changes

California Courts website changes. The Judicial Council initially announced that the California Courts website would be redesigned and launched some time in January, and then postponed it until February. Whenever it happens, the address is changing from “courtinfo.ca.gov” to “courts.ca.gov.” Certain page names will stay the same, e.g., “/forms, /rules.” The old links are supposed to work for a while, or at the least redirect to the new home page.

Limited Service Days. “Furlough days” (which preceded and succeeded “court closure days” (see July 29, 2009 Urgency Legislation below)) have been replaced by “limited service days” — days upon which courts might close one or more courtrooms or reduce the hours of one or more of its clerks’ offices, or both. Courts may designate limited service days upon 60 days notice; the Judicial Council posts the notices on their website. As of January 1, 2011, Lassen, San Francisco, San Mateo, and Santa Cruz counties have given notice of limited service days.

Hearing-Related Calendaring. New C.C.P. § 12c requires hearing-related deadlines to be calculated by counting backward from the hearing date, starting with the statutory deadline (e.g., 16 court days for a regular motion), and then continuing backward to add the extension based on service method (e.g., 5 days for service by mail within California). While this section brings much needed certainty, determining the first available date for a hearing now presents different challenges which may lead to inadequate notice.

Electronic Service. Electronic service now includes “electronic transmission” and “electronic notification,” the former meaning emailing the document as an attachment, the latter meaning emailing a hyperlink where the document can be opened and downloaded. C.R.C., Rule 2.251 (formerly 2.260) imposes various obligations on a party serving by electronic notification to maintain the hyperlink and integrity of the document. The Judicial Council forms relating to electronic service change references from “electronic notification address” to “electronic service address,” but they neglected to change the multi-purpose POS-040. It will be revised in July. Suggestion: If you have an in-house form for POS by electronic service, change it to refer to “electronic service address.”

Proposed Orders. Proposed Orders may no longer be mailed to the opposing party. C.R.C., Rule 3.1312(a) has been revised effective January 1, 2011, to require that they be served “in a manner reasonably calculated to ensure delivery by the close of the next business day.” In addition, there are new rules on electronically submitting proposed orders to the court(C.R.C., Rule 3.1312(c)). Two versions of the proposed order must be submitted along with new mandatory Judicial Council form EFS-020 “Proposed Order (Cover Sheet).”

Expedited Jury Trial Act. C.C.P. §§ 630.01-630.10 establishes the Expedited Jury Trial Act; C.R.C., 3.1545-3.1552 sets forth detailed procedures for litigating under the Act. Basically, the jury is smaller (9 instead of 12, no alternates); the case has to be tried in one day; time for voir dire is limited to 15 minutes per side; time for putting on a case is limited to 3 hours per side; parties waive rights to appeal and to bring certain post trial motions; it has its own set of deadlines; it allows the parties to enter into “high/low agreements,” guaranteeing the plaintiff a minimum award and capping defendant’s exposure irrespective of the jury verdict.

Demurrers. C.R.C., Rule 3.1320(j) clarifies that defendant has 10 days to answer or otherwise plead upon expiration of the time to amend if the demurrer was sustained with leave to amend.

Writ of Execution. C.C.P. § 699.520 was revised to add to Writs of Execution: (1) whether limited or unlimited case, and (2) type of legal entity of judgment debtor. The Writ of Execution form will not change until 2012.

Fee Increases. Many fees increased prior to the close of 2010. The fee for motions for summary judgment increased from $200 to $500.

2010 Changes

New Judicial Council Forms. The Judicial Council has adopted a new optional “Notice of Entry of Judgment or Order.” There are also three new optional forms relating to electronic service: “Consent to Electronic Service and Notice of Electronic Notification Address,” “Notice of Change of Electronic Notification Address,” and “Proof of Electronic Service.”

Revised Rule re Proof of Electronic Service. C.R.C., Rule 2.260(f) no longer requires a proof of service by electronic service to state that the “transmission was reported as complete and without error.” The multi-purpose POS-040 has been revised to reflect that change. If you have created a multi-purpose in-house form, you might want to delete that now obsolete language from the section on electronic service. Do not delete it from the section on fax service — it is still required for fax service.

Statements of Decision and Proposed Judgments. C.R.C., Rule 3.1590, regarding the statement of decision and proposed judgment process, is revised. The time within which to prepare a proposed statement of decision has changed, as has the time within which the court must sign a proposed judgment.

Time for Filing Notice of Appeal. C.R.C., Rule 8.104 re time for filing notice of appeal is revised. The rule specifies that the notice of entry of judgment may be served by any method — it does not have to be mailed (despite the clear language of C.C.P. § 664.5) — and time for filing notice of appeal starts running from the service as opposed to the mailing of the notice. [The Judicial Council did not change the mailing vs. service rule as to any other deadline dependent upon mailing notice of entry, i.e., memo of costs, motion for attorneys fees, etc. Look for those in the future.]

Urgency Legislation – July 29, 2009

On July 29, 2009, significant changes were made as a result of the current economic crisis.

Court Closures. From September 1, 2009 through June 30, 2009, the third Wednesday of every month is a court closure day — a day deemed to be a non-court day for purposes of calendaring deadlines. (This change was proposed to be codified as new Rule 1.12, but the proposal was dropped.)

The Judicial Council will meet on April 23, 2010 to decide how to proceed with court closure days after June 2010. Watch for developments!

California Electronic Discovery Act. The California Discovery Act, which tracks the 2006 amendments to the Federal Rules of Civil Procedure, was signed into law and became immediately effective on July 29, 2009.

January 2009 Changes

Settlement. By way of background, when a case is settled, it is supposed to be dismissed within a specified 45-day period (either 45 days after the date of settlement if the settlement is “unconditional,” or 45 days after the settlement is supposed to be completed if the settlement is “conditional”). (See Judicial Council form “Notice of Settlement of Entire Case” for details.) In the past, if the case was not dismissed by the parties within that period, the court would set an OSC re dismissal, and the parties would have to appear and explain the delays and request more time.

C.R.C., Rule 3.1385 now provides that if a case which has been settled involves the compromise of a minor’s claim or a person with a disability where court approval is required (thus delaying completion of the settlement), the court cannot hold an OSC re dismissal until after the hearing to approve the settlement. In addition, there is now a mechanism for continuing the OSC re dismissal without an appearance. Specific papers must be submitted no later than five court days prior to the prescribed 45th day. (See C.R.C., Rule 3.1385 for details on what must be submitted.)

Judicial Council Forms.

There is now a mandatory Judicial Council form “Summons–Cross-Complaint.” (No longer do you take the “Summons” form and conform it for use on a cross-complaint.)

In addition to being served in complex cases, the Civil Case Cover Sheet must now be served in “Collections Cases” (a type of case created by C.R.C., Rule 3.740 in July 2007, discussed below). (C.R.C., Rule 3.220)

Pre-2009 Changes

You should be aware of several changes to codes, rules, and forms instituted prior to January 2009. An attempt has been made to present them in the order in which they would arise during a case.

Reorganization/Renumbering of Rules. The California Rules of Court have been completely reorganized; every rule number has changed.

Format of Papers. Inclusion of a fax number and email address on pleadings, etc., filed with the court is no longer optional. It is now required if the number/address “is available.” (C.R.C., Rule 2.111)

Summons. The court clerk now retains the original summons. (C.C.P. §412.10) You no longer need to resubmit it to the clerk when you request entry of default.

Electronic Filing and Service. This area presents new vocabulary (“electronic service provider,” “electronic filer,” “electronic notification address”) and continuously evolving procedure varying from court to court. Be sure to familiarize yourself with C.R.C., Rules 2.250 and 2.260 before you embark upon either electronic filing or electronic service. For electronic filing, check your local rules to determine if they accept electronic filing in your type of case, and how you do it, e.g., directly with the court, or through an electronic service provider.

Collections Cases. New C.R.C., Rule 3.740 creates “Collections Cases.” They are actions for recovery of money owed in a sum stated to be certain, not exceeding $25,000, exclusive of interest and attorneys fees, arising from a transaction in which property, services, or money was acquired on credit, and which does not seek tort or punitive damages, recovery of real or personal property or a prejudgment writ of attachment. Rule 3.740 exempts Collections Cases from the statutory deadlines for filing Proof of Service of Summons and obtaining default judgment, and establishes different deadlines.

Proof of Service.

Proof of Service in a multi-party case must identify the party represented. (C.R.C., Rule 1.21(c))

The first named plaintiff is required to maintain fax lists in all cases where the parties have agreed to accept service by fax, and all parties are required to serve the list along with any order, notice or pleading on a party who has not yet appeared (C.R.C., Rule 3.254)

There are now four optional Judicial Council proof of service forms. The multi-purpose POS-040 is particularly useful.

Regular Motions.

Filing and service deadlines for regular motions are (since January 2005) as follows:

Notice of motion must be filed at least 16 COURT days prior to the hearing.

Oppositions must be filed and served at least 9 COURT days prior to the hearing.

Replies to oppositions to regular motions must be filed and served at least 5 COURT days prior to the hearing.

Oppositions and replies must be served in a manner so as to be received by the end of the next business day. (C.C.P. §1005(b))

Telephone appearances. Appearance by telephone is now favored. Intent to appear telephonically may be indicated in the moving, opposing, or reply papers. It may be arranged up to three court days (instead of five court days) before the hearing. A party receiving notice of another party’s intent to appear by by telephone may give notice of intent to appear by telephone by noon on the court day before the hearing. (C.R.C., Rule 3.670)

Motions for Summary Judgment (“MSJ’s”) and Summary Adjudication (“MSA’s”). Very significant changes have been made to MSJ’s and MSA’s:

The deadline to file objections to evidence on MSJ’S and MSA’S has changed. They now must be submitted with the opposition and/or reply (as opposed to the prior rule, which allowed filing as late as three court days prior to the hearing). (C.R.C., Rule 3.1354(a))

Objections must follow a specific format. (C.R.C., Rule 3.1354(b))

Objections must be accompanied by a proposed order, which must follow a specific format. (C.R.C., Rule 3.1354(c))

The mandatory format for separate statements for MSJ’s and MSA’s has changed. (C.R.C., Rule 3.1350(h))

It would be so easy to violate these rules! All you have to do is rely on your prior rusty knowledge, your rusty form file, and, if you don’t use rules-based computerized calendaring, your equally rusty calendaring “cheat sheet.” If, for example, without first checking for procedural changes, you pull a response to motion for summary judgment from your form file to use as a template, you would draft your objections to evidence in an improper format. You would also either fail to submit a proposed order at all, or draft it in an improper format. Then, if you calendar your deadlines by hand, and you use your outdated calendaring “cheat sheet,” you would top it all off by filing your evidentiary objections too late.

If objections to evidence are not timely filed, or are not presented in the proper format, the trial court may ignore them. (See, for example, Tverberg v. Fillner Construction, Inc. (2008) 168 Cal.App.4th 1278, in which the court, citing Rule 3.1354(b), noted that “[t]he form of the [responding party’s objections to evidence] was improper and the trial court may not have ruled on those objections.” As a result, the possibly objectionable evidence is part of the record on appeal. Could this constitute malpractice?

Exercise On An Elliptical Trainer To Improve Your Mood

Even the most optimistic people have gone through times when they did not view their life in a positive light. Some people struggle with a depressed mood on a regular basis, while most will become more anxious and depressed in response to a negative event, such as prolonged unemployment, a divorce, or the death of a loved one. The medical profession has a number of drugs they can prescribe, but all drugs have side effects and may not be that effective at treating the problem. Exercise is an option that can enhance mood that offers other positive effects for your overall health. An elliptical trainer has the features that make it an ideal fitness machine to improve your mood.

Research on anxiety, depression and exercise shows that the psychological and physical benefits of exercise can also help reduce anxiety and improve mood. And after you feel better, continuing to exercise may keep anxiety and depression from coming back.

Duke University conducted a randomized controlled trial in 1999 that concluded that depressed adults who participated in an aerobic exercise program improved as much as those treated with sertraline, the drug Pfizer marketed as Zoloft.

Phillip Holmes, a neuroscience professor at the University, has shown that several weeks of exercise can switch on certain genes that increase the brain’s level of galanin, a peptide neurotransmitter that appears to tone down the body’s stress response by regulating another brain chemical, norepinephrine. This causes the brain to show less stress in response to new stimuli.

Exercise releases endorphins, which are feel-good chemicals that aid with the symptoms of depression. There are more of these chemicals released as you increase the intensity of the workout, which is why it may take less time exercising to improve your mood when you do more vigorous activities. An elliptical trainer can give you the type of vigorous workout you need to be most effective at combating anxiety and depression. As your fitness improves, you can really amp up the intensity of an elliptical workout by increasing resistance, incline, or strides per minute. The elliptical workout is also effective at changing your body composition, increasing lean body mass and reducing fat, and that can have a positive effect on self esteem.

Exercise can be effective way to enhance mood and combat anxiety and depression. A new or used elliptical trainer is a great way to get the exercise you need to look and feel you best.

Archery History

Archaeological findings show that the bow and arrow has been around for at least 20,000 years. Findings of stone arrow heads in Africa indicate that the bow was invented there possibly as early as 50,000 BC. The bow is considered to be the first machine constructed by humans that could store energy. The principle has always been the same, the archer transmers his muscle energy into the bow with help of the string and then the bowstring passes on the power to the arrow and gives it a tremendous speed. The impact of an arrow is lethal to any pray or enemy.

The bow has been a popular weapon in warfare for thousands of years. The Egyptians used the bow against the Persians 5,000 BC.
Skilled archers has been a valuable asset for many Kings through history, and as a hilarious example of that is James II, King of England who in 1457 AD stated that football and golf took to much time from archery practice and therefore should be banned!

Archery has a long history as a sport, and it was an event at the Olympic Games in 1900, 1904, 1908 and 1920. The International Archery Federation – FITA was founded in 1931 and the first World Championships took place the same year. During the 1940s international archery began to grow. Target Archery is since 1972 again a game in the Olympics. Archery can be practiced in many forms, but the most common styles besides Target Archery is Field Archery and 3-D Archery. Flight shooting is another branch of the sport and it exits on shooting an arrow as long as possible.

Two Types of Orchids: Terrestrial and Epiphytic Orchids

Orchids are a popular house plant with over thousands of species in existence. Surprisingly, there are basically only two types of orchids, the terrestrial and the epiphytic. Each species can be classified between the two.

The main difference between these two types is where they grow. Terrestrial orchids grow in the soil on the ground, while epiphytic orchids grow on structures like trees, rocks and poles.

Many people think of orchids as showy plants that are grown in pots or inside a greenhouse, but did you know that they can also be grown in your garden, on the ground? Terrestrial orchids flourish growing in the soil, preferring their roots to be planted firmly on the earth.

Over 200 species of orchids are included among terrestrials, and many of them grow wild in the tropical areas in America. Though most orchids prefer hot, humid climates, many terrestrials actually thrive in cold weathers. Some even need the sub-freezing temperature to bloom properly. Similar to other bulb plants, these orchids become dormant during the winter before blooming again during spring.

Some terrestrial orchids can actually grow both in the soil and on structures, and these are called semi-terrestrials. A well-known orchid that is semi-terrestrial in nature is the Cymbidium. It is native to Southeast Asia, Japan and even Australia. Cymbidiums are popular among home gardeners because they are easy to grow and provide beautiful, fragrant flowers.

Typically, the orchids that people grow at home on a pot are epiphytic orchids. To properly care for this type of orchid, you need to understand how they grow naturally. Generally, these orchids grow in between tree branches where organic matter accumulates. This is where they get their nutrients to thrive properly.

To grow epiphytic orchids at home, you need to have a pot with drainage holes as well as a potting mixture that drains well. These plants need circulating air and good water drainage to flourish.

Some examples of epiphytic orchids that can be grown well in a pot include the Phalaenopsis, Cattleya, Oncidium and Vanda. All of these prefer a warm, humid climate and enjoy both the sun and shade.

Both types of orchids are similar in the fact that they grow beautiful flowers in a rainbow of colors, have wonderful fragrances, and exist in a great variety of sizes and shapes. This makes orchids an interestingly unique flower that you can grow at home and enjoy for years to come.

Ceiling Water Damage – How to Resolve the Situation

Repairing ceiling water damage can be a lot more complicated than cleaning up water damage to flooring or walls, mainly because of it being more awkward as it’s above you, but also because there is more risk of the ceiling collapsing under the load of the water. But, the way you approach clearing up ceiling water damage is much the same way you would go about clearing up after any sort of water damage in your home.

The first thing you want to do is make sure that the flow of water is stopped at the source, to prevent it building up and getting worse. Sometimes it can be hard to locate where the water is actually originating from, because the water can spread quite far. Most commonly, the causes of ceiling water damage are things such as a leaking roof or window, a burst pipe, or an overflowing sink, bath or toilet. Depending on your situation, it may be easy to stop the water by closing off the valve to your water system, but in more severe cases you’ll want to enlist the help of a professional.

Next, you’ll want to drain any water that is being held in the ceiling. Be cautious when doing this, depending on how much water appears to be in the ceiling. Cover the ground on the floor below with plastic sheeting so as to protect the floor, and get a number of buckets to collect the water when it falls. If there is a bulge forming in the ceiling where the water is gathering, place a bucket underneath and pierce the bulge to allow the water to drain. Don’t underestimate how much water there could be in the ceiling, as once you pierce it, it will just keep draining until it’s empty.

From here you can work to dry out the wet area of the ceiling. Depending on the extent of the damage in your situation, the extent of this task will vary. If there really was a mass of water that has significantly destroyed the ceiling, then you’ll need to seek the help of a company that specializes in ceiling water damage repair. It’s not a task to be taken lightly. If the wet area is on a smaller scale, you may be able to completely resolve the situation yourself.

Open windows in the rooms where the water is located, to allow fresh air to circulate. Fans can help increase the airflow also. You want to dry out the area as soon as possible to prevent the growth of mold. Mold will develop within 24 – 48 hours of the dampness occurring, and can be hazardous to both your home and your health. Also, use a dehumidifier to reduce any moisture in the air as this will speed up the drying process.

From this point, you just need to completely dry out the damp area so you can begin making repairs. Obviously you’ll need to make any repairs at the source of where the water came from as well as the actual ceiling itself. If this is a task beyond what you are capable of, seek the professional help of a ceiling water damage specialist as it needs to be done properly.

How to Improve Consistency, Accuracy, and Focus in Your Pool Game

Problems with consistency, accuracy, and focus are familiar to many amateur pool players aspiring to play better pool than they currently do. Trying to coordinate all the elements of consistent play is a very difficult challenge. Now, players practicing 20-30 hours a week should generate some great consistency. If they are not, it shows that their problems most likely stem from an overall weakness in mental discipline.

Players, don’t despair! With a some detailed note-taking and sharper observation of your practice efforts and results, a well regimented drill program, and a conscious adjustment to your positive thought process, you can overcome the obstacles you are putting in your own way!

Whether you consider yourself still learning how to play pool for beginners or a skilled intermediate pool player trying to elevate to semi-pro or pro, you need to take deliberate and organized steps forward at all times. Perfect results require perfect practice. What this means is that players who go through the motions of practicing without giving it 100% of their focus, observation, and analysis cannot expect to get 100% results for their efforts.

So, in order to guarantee that you are getting full benefit from your practice session you should begin to document what drills you are performing, how frequently, your success and failures, where you struggle and where you shine, etc. Make every effort to give all of your attention to the execution of the drills and the exact results of each shot, i.e. did you land your position exactly, nail the center of the pocket, get the desired speed and spin you wanted? Rinse/repeat until you are getting the results you want and a consistency you are comfortable with. Become more familiar with your strengths and weaknesses, and address whatever concerns you in your practices.

If you find the drills you are using are boring or un-challenging or ill suited to your need for development, then you should take some time to research or invent new drills. There are unlimited variations of drills you can come up with for practice, you just need to decide what aspects of your game you want to improve upon. When you find your mind wandering away from the tasks at hand then stop and take a break, don’t keep muddling through a drill when you cannot concentrate on your efforts and results 100%.

Make sure the equipment you are using is well maintained and adequate for practice drills. Don’t use crooked cue sticks or un-level pool tables with torn-up cloth. Find a place that offers better quality equipment in order to get more consistent and accurate results. Perhaps, if you are practicing alone, find a coin operated pool table for your drills and ask if they might keep it locked open for free play if you pay up front. This way you can use the ball return feature to help speed up your practice shots.

Finally, after refocusing yourself so that you are laser-targeted on your new goals, you must address your mental attitude. I find that often times an otherwise excellent player sabotages his own success by indulging in destructive negativity and self-doubt when he gets under the pressure of competition. You really want to know how to play pool better, and I’m telling you all that you need to invest some serious efforts into improving your positive thinking. The negativity and doubt and anxiety you get caught up in during game-time can be counter-acted by a strong positive mental attitude. But to do so, you need to prepare and practice your positivity ahead of time, not just try to implement the concept every once in a while.

Hopefully I’ve addressed some of your questions and concerns adequately. Don’t hesitate to ask more questions from others who are more skilled than you are. As long as you are putting in the necessary work to improve and stay consistent, people will be happy to help you along. Just don’t sit around unhappy and directionless for too long. Stand up, dust yourself off, and get to work!

The Story of the Menominee River Sugar Company 1903-1955

Menominee, Michigan, situated far from the world’s financial centers a hundred years ago, much as it is today, nevertheless placed itself directly in the middle of one of the hottest business booms of the early twentieth century – sugar. The small community that dared to plant a footprint in world commerce occupies a slivered point of land that dips into Lake Michigan at a point so close in proximity to Wisconsin that had a cartographer’s finger twitched at a crucial moment, Menominee would be in Wisconsin instead of Michigan.

Menominee is bordered on the east by Green Bay, an arm of Lake Michigan, and on the south-west by the Menominee River. In 1903, many investors in the beet sugar industry had a timber background and had thus come to believe that the same rivers that had once delivered logs to sawmills in abundance could also serve the needs of a beet sugar factory where massive volumes of water are used for fluming beets into the factory, washing them and then diffusing the sugar from them. A sugar factory could easily put three million gallons of water to use every twenty-four hours. Barges can carry sugarbeets from the farm fields and freighters can carry products to market. The presence of the Menominee River convinced investors that Menominee could compete with the nation’s sugar producers despite negative comments from naysayers who said Menominee was too far north to successfully grow sugarbeets.

The naysayers had a point. Menominee, Michigan is an unlikely place to construct a beet sugar factory. Situated at the western end of Michigan’s Upper Peninsula, the growing season is about forty days shorter than the prime beet growing regions in the state’s Lower Peninsula. The short season can prevent the ripening of beets which will then lessen sugar content of immature beets ill prepared for the stress of the milling process. Severe frosts in early spring are not unusual and are almost always fatal to a crop of young beets. Frosts can come early in the fall, too, which can make it impossible to harvest a crop. A farmer stood to lose his entire crop either early in the growing season or near the time of harvest after he had invested heavily in bringing the sugarbeet crop to term. Investors, however, in Menominee, as in many of Michigan’s cities, tended to discount input from farmers before building a factory and would frequently interpret exaggerated enthusiasm from a handful of growers as representing the broader farming community. Quite often, as in Menominee’s case, as it would turn out, the handful did not represent the whole.

Official recognition by the United States Department of Agriculture in 1898 of the importance of the sugarbeet industry sparked the construction of beet sugar factories across the nation. One year earlier the nation could boast only ten beet sugar factories, four of which were in California, one in Utah, two in Nebraska and three in New York. The construction of seven sugarbeet factories in 1898 brought into focus for the first time the stirrings of a rush not unlike the dot-com boom that blossomed nearly one hundred years later. The idea that sugar produced from sugarbeets could compete with sugar produced from sugarcane expanded into a full-fledged boom by 1900 when the nationwide count of sugarbeet factories stood at thirty-two in eleven states.

Nowhere was the blaze hotter than in Michigan where nine factories followed the successful start up of a factory in Essexville, Michigan, a suburb of Bay City. A burst of cyclonic enthusiasm caused a mad scramble when investors, constructors, bankers, and farmers combined energies and skills to bring to life eight factories in a single year! They were in Holland, Kalamazoo, Rochester, Benton Harbor, Alma, West Bay City, Caro, and a second factory in Essexville. Despite the paucity of factory constructors and the engineers to operate them, fourteen additional factories rose on the outskirts of Michigan towns during the next six years, one of which appeared in Menominee in 1903.

In Menominee, a group of investors undeterred by the natural disadvantages and buoyed by encouragement from influential investors and knowledgeable experts, set a plan in motion to maintain the economic viability of their city after the approaching demise of the lumber industry, which had until then provided the underpinnings of Menominee’s economy. The plan included the design of one of the largest and most modern sugarbeet factories to appear in America up to that time.

As the lumber era petered out at the beginning of the 20th century, railroads that had come into their own because of timber, sought new sources of revenue. Principal among them was the Detroit and Mackinac Railroad whose land agent, Charles M. Garrison, collected and distributed information about the potential of the sugarbeet industry. While Garrison spread word among Detroit’s financiers about prospective profits in sugarbeets, communities affected by the decline of lumber looked to area resources for ways of replenishing wealth. They had plenty to work with. The state was crisscrossed with rail lines and rivers and some left over cash from the lumber era. With Garrison leading the way, investors perked up. Communities eager to find a quick replacement for lumber hastened to attend meetings sponsored by Garrison and quicker yet to bring their towns into the fold. All that was needed was to persuade the farmers to grow the beets. That is where the Michigan Agricultural College (Now Michigan State University) stepped in.

Upper Peninsula farmers, encouraged by Michigan Agricultural College to plant sugarbeet test plots, received an even greater shot in the arm by the visit of Secretary of Agriculture James Wilson, in 1902. He expounded the advantages of sugarbeets and discouraged the notion that the Upper Peninsula’s climate wasn’t up to the task of producing profitable crops. Wilson served in three presidential cabinets, McKinley, Roosevelt, and Taft, serving longer (1897-1913) than any other cabinet official. He encouraged modern agriculture methods, including transportation and education as they applied to agriculture. His word carried a lot of weight. When he spoke of sugarbeets, some farmers listened and when his department avowed that the cold northern temperatures would not inhibit the development of the industry in their neighborhood, investors, farmers, and manufacturers lined up to begin the industry in Menominee.

Optimism rose to new heights when the United States Department of Agriculture (USDA) announced favorable results of the sugarbeet plot tests. The Sugar Beet News of December 15, 1903, reported test results from beets delivered by approximately 140 farmers. The test runs revealed 15.6 to 19.9 % sugar, which meant a cash value to the farmers per acre of from $5.70 to $7.13 per ton ($135-$169 inflation adjusted to the current period). At those projected prices, no crop in human history had held the potential for creating such a high return from so few acres.

In the Lower Peninsula, a farmer with above average ability who placed fifteen acres in sugarbeets could earn more than $800 and if his family provided the bulk of the labor, the net profit would more than take care of a family’s needs for a year, which, including food, was less than $800. After adding revenue from crops in rotation and revenues from milk, eggs, and poultry, the farm family’s standard of living advanced from a subsistence level to one that compared favorably to those who held mid-management positions in industry. USDA figures supported belief that Upper Peninsula beets would exceed by two per cent the average for all the other 18 sugar beet factories in the Lower Peninsula.

If the tests proved reliable indicators, Menominee region beets were worth up to $10 more an acre than Lower Peninsula beets, assuring an income of nearly $1,000 per year just from sugarbeets.

Although enthusiasm was on the upturn, something more was needed to seal the deal. To instill confidence in prospective investors that technical expertise lay near at hand, Benjamin Boutell, who won fame as both a tugboat captain and as a captain of industry, arrived in Menominee from his Bay City, Michigan headquarters for the single purpose of conveying interested investors to Bay County where they could see groomed beet fields and efficient factories spinning out white crystalline sugar. Eleven prospective investors accompanied Boutell to Bay City where convincing evidence lay at hand. Four beet sugar factories, more than in any other city in the United States, had been constructed in that city’s environs. Bay City virtually hummed with economic activity because of the presence of sugar factories. Mansions peopled by former lumber barons who had transformed themselves into sugar barons, lined the city’s prestigious Center Avenue.

Boutell announced he would become one of the investors, providing the other investors had no objection to having a factory designed and installed by Joseph Kilby who was according to Boutell, the finest constructor of beet sugar factories in the United States. Many others agreed with Boutell’s assessment; Kilby built nine of the eventual twenty-four factories built in Michigan. Local investors lined up behind Boutell to organize the Menominee River Sugar Company. A half dozen important backers came forward, each of whom subscribed to more than $25,000 in stock of the Menominee River Sugar Company.

Heading up the list of local shareholders was Samuel M. Stephenson, a former lumber manufacturer and native of New Brunswick, Canada who had made a home for himself, his wife, Jennie and their four daughters and one son, in Menominee. He was then seventy-one years of age but in no mood for retirement. Following a successful career in lumber and banking, he served three successive terms in Congress (Michigan’s 11th District 1889-93 and the 12th District 1893-97). He invested $100,000 ($2 million by modern standards) in the beet sugar factory, taking heart in not only favorable test plot results and the enthusiasm of his neighbors but also interest shown by the American Sugar Refining Corporation, generally known by its then popular sobriquet, the Sugar Trust. Some years later the Sugar Trust would fall into disfavor as a result of charges of unfair business practices, but in 1903, it had the confidence of the general public and investors alike and controlled the manufacture and sale of 98% of sugar consumed in the United States. Trust Executives, Arthur Donner and Charles R. Heike, invested $300,000 to acquire 36% of Menominee River Sugar Company’s stock.

All the members of the board of directors and roster of officers apart from Bay City resident, Benjamin Boutell, listed Menominee as their home of record. Menominee residents made up 74% of the shareholders. Together, they controlled 53% of the shares. In addition to Stephenson, other major shareholders who also accepted positions as either officers or directors were: William O. Carpenter who invested $55,000 and served the sugar company variously as president and vice-president. Gustave A. Blesch invested $15,000 and served as treasurer. John Henes, a brewery owner, invested $25,000 and served as a director. Augustus Spies was the second largest investor after Stephenson and the Sugar Trust. He, too, served as a director.

Spies provide an excellent example of the hardy pioneering spirit that prevailed in Menominee. He was a native of the grand duchy of Hessen-Darmstadt, Germany where fertile soils and a mild climate allowed the production of grain and wine. He participated in the founding of the Stephenson National Bank in partnership with future U.S. Congressman Samuel M. Stephenson and Samuel’s brother, future U.S. Senator, Isaac Stephenson. In addition, he owned the Spies Lumber Company and several large tracts of forest; he was an investor in the First National Bank of Menominee, the Marinette and Menominee Paper Company and president of the Menominee Light, Railroad and Power Company. When the fledgling sugar company got under way, he stepped forward with $75,000 ($1.5 million in current dollars).

Support from Menominee’s wealthy class, who also shared distinctions of making good business decisions and rising on their own merit rather than inherited wealth, was so great that there was no need to solicit funds from the public at large. With its shares over-subscribed by $35,000, the Menominee River Sugar Company was in the enviable position of having adequate capital for its venture. Not only was it possessed of sufficient capital but also it enjoyed the added benefit of the experience of Benjamin Boutell and representatives of the Sugar Trust. Menominee would not want for technical or business expertise.

Gustave Blesch, like Augustus Spies, owed his success to the inherited qualities of hard work, honesty and the respect of his peers. He would become the sugar company’s first treasurer. He was born in Green Bay, Wisconsin in 1859, the son of Francis Blesch, a native of Germany and Antoinette Schneider, a native of Belgium. Gustave became an office boy in the Kellogg National Bank of Green Bay, rising to teller by the age of twenty. Five years later, he moved to Menominee to help establish the First National Bank of Menominee where he began as cashier before becoming the bank’s president. He became president of the Menominee Brick Company, vice-president of the Menominee-Marinette Light & Traction Company, and treasurer of the Peninsula Land Company.

In January, 1903, the newly elected board of directors approved an $800,000 (nearly $19 million in current era dollars) construction contract for a Kilby designed and built factory that would slice 1,000 tons of beets per day. Of the 48 beet sugar factories in operation in the United States in 1903, only two were larger than Menominee’s new factory, one in Salinas, California and another in Fort Collins, Colorado.

The average sugar factory in Michigan in 1903 could slice six hundred tons of beets in a twenty-four hour period. Four thousand acres of beets would easily supply a season’s factory run. Had the investors surveyed the farmers first, surely they would have been advised to build a smaller factory, and perhaps would have been persuaded to build none. Farmers delivered beets from approximately 1,500 acres, well short of the 9,000 acres the investment demanded.

The Menominee factory’s first factory run (referred to as a “campaign” in the sugar industry) ended quickly, having received only 14,263 tons, enough for a production run of fourteen days for a factory the investors planned to operate at least one hundred days. However, the farmers had submitted beets containing the highest sugar reported of any company during its first campaign, 15.04 percent – about 20 percent more than average and enough to allow for a small profit from a meager beet supply. Like nearly all the factories, records that would inform us of profit, if any, earned during that first campaign, did not survive the passage of time. However, it would be reasonable to estimate, based on the known cost of supplies of coal, coke, limestone and the cost of labor, that a profit of $36,000 was achievable, especially under a management style that paid close attention to expenditures and especially in light of the very high percentage of sugar in the beets.

The second campaign was better with enough beets for a full month, still well short of a supply needed to generate profits enough to justify the investment. By 1911, the local supply reached a level that allowed steady profits but was insufficient to encourage expansion, a condition that persisted until 1926 when grower apathy fell to a level that required closing the factory until 1933 when it reopened for a final run of twenty years during which the factory lagged behind the industry in technology and growth. Year in and year out, because of an inadequate supply of beets, mostly grown in Wisconsin, the underutilized factory ended its campaign weeks earlier than was needed to produce healthy profits which then could have been reinvested in the factory. Menominee investors learned, as did many other sugar factory investors, that the mantra, “build it and they will come” fell on deaf ears among farmers who often displayed a better understanding of sugar economics than did investors.

The passage of time brought neither harm nor good to the Menominee factory as it was unable to expand or modernize. It settled into the process of graceful aging. Profits awaiting opportunity gradually accumulated thanks to the company’s penurious management style and a dedicated cadre of farmers.

George W. McCormick, the company’s first manager, inaugurated a careful management style that went a long way toward keeping the company profitable despite annual shortfalls in the beet supply. He managed the company during its first thirty-two years of operation, beginning when he was twenty-four years of age. He met Benjamin Boutell in Bay City when he moved there to take a job as a district manager for Travelers Insurance Company. Boutell thought the young man belonged in the rapidly developing sugar industry and encouraged him to help in the establishment of a sugar factory in Wallaceburg, Ontario. After completing the assignment with success, Boutell recommended him for the manager’s job in Menominee.

Menominee was the most difficult place in the United States to process sugarbeets. The low temperatures took a heavy toll on workers, machinery and beets that usually went through the slicing machines like boulders, damaging equipment that robbed the factory of slender resources. It was difficult to find replacement parts because of the distance separating Menominee from suppliers and from Lower Peninsula sugar factories where it was common for factory managers to lend spare parts to one another.

The company’s diligent attention to cost control paid off in 1924 when sugar factories located in Green Bay and Menominee Falls, Wisconsin went on the market. Menominee River Sugar Company purchased both and then invested significant sums in restoring the Menominee Falls factory that had been shut for three years immediately preceding its sale.

The renovated Menominee Falls factory combined with the Green Bay and Menominee, Michigan factories created more capacity than was needed for the available acreage. One of the factories would have to close. Menominee won the noose after the accountants counted up the freight costs for hauling beets to each factory. The Menominee factory remained closed until 1933 when Michigan’s farmers relented and agreed to return to sugarbeets, a decision that came too late to save the hides of the sugar company’s owners who had lost the company to defaulted bonds three years earlier.

Disruptions in Europe beginning in the early part of the 1930s brought a new name to Michigan’s beet sugar fields and corporate offices – Flegenheimer. Albert Flegenheimer was the son of Samuel Flegenheimer who had immigrated to the United States in either 1864 or 1866 and became a naturalized citizen in 1873. The next year, however, he returned to Germany, settling in Wurttemberg. He lived out his life there, dying in 1929 at the age of 81. His brief sojourn in the United States and his U.S. citizenship status, however, would one day save his descendants from German death camps.

In February 1939, Albert Flegenheimer carried his family to the safety of Canada and then to the U.S. claiming nationality as the son of a naturalized citizen. He planned to raise his family and devote his time to the sugar industry in both the United States and Canada. His plans met with considerable success and by 1954, he controlled the sugar factory in Menominee and the one in Green Bay, Wisconsin.

Despite Albert Flegenheimer’s efforts, a lack of interest on the part of farmers kept the factory small and outdated. It struggled year by year until finally in 1955 with its equipment exhausted, its buildings in tattered repair and its farmers pursuing other crops, Menominee River Sugar Company, built on hopes and dreams and operated with fortitude and persistence for more than a half-century, closed its doors forever.

Sources:

GUTLEBEN, Dan, The Sugar Tramp-1954- Michigan, Printed by: Bay City Duplicating Co, San Francisco, 1954

1962 TWIN CITY COMMUNITY RESOURCES WORKSHOP, section entitled Famous Leaders Who Helped Build Menominee, prepared by Irene Swain, Dr. Leo J. Alilunas, Director.

HENLEY, ROBERT L., Sweet Success . . .The Story of Michigan’s Beet Sugar Industry 1898 – 1974, Michigan Historical Center, Department of History, Arts and Libraries

INFLATION ADJUSTMENTS: The pre-1975 data are the Consumer Price Index statistics from Historical Statistics of the United States (USGPO, 1975). All data since then are from the annual Statistical Abstracts of the United States. Recorded at http://www.westegg.com/inflation

MICHIGAN ANNUAL REPORTS, Michigan Archives, Lansing, Michigan
©2009 Thomas Mahar

About the Author:
Thomas Mahar served as Executive Vice President of Monitor Sugar Company between 1984 and 1999 and as President of Gala Food Processing, a sugar packaging company, from 1993-1998. He retired in 1999 and now devotes his free time to writing about the history of the sugar industry. He authored, Sweet Energy, The Story of Monitor Sugar Company in 2001.

Add a Breakfast Bar to Your RTA Cabinet Kitchen Design

Wouldn’t it be nice to create a small eating bar while installing your new RTA kitchen cabinets? A breakfast bar makes a great place for the family to gather each morning before heading off to work or school, it’s simple to keep clean, and if your kitchen opens into your dining or living area, it may be easier to build than you think.

Easy Steps for Building a Breakfast Bar

1. Situate your base cabinets in the open space between the kitchen and living area. The backs of the cabinets will face the living area and provide the foundation for the breakfast bar. Two 36 inch base cabinets work well or you might want to add in a 24 inch cabinet to create an eight foot bar

2. Build a knee wall out of wood framing lumber that backs up to the base cabinets. A knee wall is a short wall that doesn’t go up to the ceiling. The knee wall will be the width of the breakfast bar and should extend a little past the base cabinet with the exposed side. The height can vary depending on the bar stools you plan to use, but in most cases the height that works best is 42 inches before the countertop is installed.

3. The knee wall may be considered wall space by many building inspectors so it may need electrical wiring for outlets installed and inspected.

4. Cover the exposed knee wall surfaces with a wall covering of your choice such as sheetrock, paneling, or RTA cabinet end panels.

5. The countertop material used is usually the same as the rest of the kitchen countertops. Opinions vary as to how much overhang your countertop should have on the eating side, but you want enough room so that you can eat comfortably without your knees hitting the wall. In most cases an overhang of 12 to 16 inches works well.

6. The overhang should be supported with brackets that are available at most home improvement stores. Improper support can create a safety hazard with heavy materials such as granite.

7. The countertop backsplash should cover the exposed knee wall on the kitchen side.

These are general guidelines and may vary based on your specific application. If you have any questions or concerns, call in a construction professional.

Board Games That Require Verbal Skills

There are a number of board games available to the public that focus much attention on both words and vocabulary. Playing one of these games is easier for someone with a large vocabulary, yes, but should be recommended to anyone, for they have been shown to help improve verbal skills for people of all ages and educations. Some of the games available focus specifically on the verbal, speaking side of a good vocabulary. The better one can speak and enunciate their language, the better they will perform. Other games focus more on the words and the knowledge of a vocabulary, testing and helping players with this area of words.

Taboo and Mad Gab are two games that focus more on the speaking side of a good vocabulary. Taboo functions under making teammates guess a specific word without using a list of certain banned words. These certain words are considered “taboo.” If a player can think of enough specific words or terms to use in order to lead teammates to the conclusion of the highlighted word in question, points are earned. Knowing a large number of alternate words which can communicate similar ideas is a great help to any players participating in the round. Taboo requires a lot of quick thinking in order to accomplish its goals. Mad Gab, on the other hand, focuses its energy on enunciation skills. Players are given a phrase that, in actuality, is written out phoenetically. Figuring out exactly what the phrase reads, however, can be quite tricky and the player who knows how to use enunciation skills the best will do well in this game.

Other games, however, are more concerned with the words actually required for a good vocabulary. The more of these words which are known, the better a player can do. Speed Scrabble, for example, is an exciting variation on the classic game of Scrabble that allows players to think and act quickly while still giving the chance for creativity that players of the classic game have come to love. The concept behind the game is simple and its execution is quick. Players are never forced to wait for another to finish their turn and never have to deal adjusting their strategy because someone stole the spot they had in mind for their next turn.

The game begins with a basic Scrabble set. The board for the game is placed to the side and ignored. All 100 of the letter tiles are placed, face down, in the center of the table and shuffled around. Each player then randomly chooses 7 tiles and places them in front of themselves, still face down. A player is then designated as the first “Go-sayer” and when every player is ready, this person will shout, “Go!” All players then flip their 7 tiles and proceed to use all of the tiles to make words in the form of a basic crossword. All the tiles must be used and all of the words must intersect each other, much as one would find on a classic Scrabble game with the exception that the player builds only on their own words. Players are challenged with this game to think creatively, outside the box, building on their own vocabularies to benefit more than other players. All of these games, however, help to encourage verbal skills in any player interested in learning.