Edward

Hans, I just took a look at my set, and 77 of the 347 songs are instrumentals - the Mosaic booklet designates each instrumental track, and I believe that my count is accurate. The discography lists around 20 tracks where the NKC Trio was backed by some sort of vocal group. I remember the backing vocals on a half-dozen or so of these tracks being truly invasive and sounding quite dated - I honestly do not recall how large of a distraction the vocal groups were on the other tracks. The discography also lists about 10 tracks with some sort of strings backing, including the "Christmas Song". As for the number of novelty songs, I don't know what to tell you. In terms of comparison, I would say that there definitely are no songs in this set approaching the kind of garbage that Sinatra regularly recorded during the end of his tenure with Columbia. Of course, I believe that, with the trio, Nat Cole did little wrong - he seems to have had the ability (much like Louis Armstrong) of elevating lesser songs with his considerable talents. I am sure that there are those who will disagree with this assessment. I hope that this helps.

Hey, Daniel, I tried to send you a PM regarding shipping fees, but your inbox is full. In short, the shipping costs would amount to $10.40, but I am going to re-weigh your package tonight without the jewel cases. I estimate that this should reduce postage fees by around 50%. I will try writing to you again later. -Ed

All CD’s are in excellent or better condition unless otherwise noted. Fees for USPS First Class shipping within the U.S. are as follows: 1 CD: $2.25 (the 2-CD sets listed count as one CD for this purpose) 2 CD’s: $2.75 3 or more CD’s: actual shipping charges to be determined (actual shipping charges to destinations outside of the U.S. also to be determined) I accept payment by PayPal, money order, or cashier's check. Please send a PM if interested – thanks! JAZZ: Julian “Cannonball” Adderley – Cannonball Takes Charge (Capitol) - $3.75 Julian “Cannonball” Adderley – En Concert Avec Europe (RTE) - $3.75 Gene Ammons/Sonny Stitt – Boss Tenors – Straight Ahead from Chicago (Verve) - $4.75 - SOLD Harry Arnold – Big Band in Concert, 1957-58 (Dragon) - $12.50 - SOLD Charlie Barnet – Drop Me Off in Harlem (Decca) - $8.50 - SOLD Art Blakey – Like Someone In Love (Blue Note Collectors’ Choice Series) - $2.75 Don Byas – Laura (Gitanes – Jazz in Paris) - $2.75 - SOLD Donald Byrd – Caricatures (Blue Note – factory sealed) - $2.75 Benny Carter – Complete Benny Carter – Essential Keynote Collection 7 (Mercury with liner notes in Spanish – there are a couple of small stains on the inside of the front cover of the CD booklet and a crease in the back cover of the CD booklet) - $2.75 Sonny Clark – Sonny’s Crib (Blue Note Connoisseur Series with OBI strip) - $2.75 - SOLD Johnny Coles – Little Johnny C (Blue Note Connoisseur Series with OBI strip) - $2.75 - SOLD John Coltrane – Coltrane’s Sound (Atlantic) - $3.75 John Coltrane – Giant Steps - Deluxe Edition (BMG Music Club edition in a jewel case, not a digipak) – Rhino) - $3.75 Lou Donaldson – Quartet/Quintet/Sextet (Blue Note Collectors’ Choice Series) - $10.50 - SOLD Jimmy Giuffre – With the Jim Hall Trio (Giant of Jazz [italy] – recorded between 1956 and 1960) - $2.75 - SOLD Bennie Green – Soul Stirrin’ (Blue Note Connoisseur with OBI strip, which is a little worse for wear) - $10.50 Joe Henderson – Page One (Blue Note RVG) – $3.75 Andrew Hill – Andrew!!! (Blue Note Connoisseur Series – BMG Club edition) - $7.50 Andrew Hill – Dance with Death (Blue Note Connoisseur Series) - $7.50 Andrew Hill – Judgment! (Blue Note RVG – BMG Club edition) - $3.75 - SOLD Richard “Groove” Holmes – Comin’ On Home (Blue Note) - $3.75 Bobby Hutcherson – Stick-Up! (Blue Note Connoisseur Series – OBI strip included) - $7.50 Bobby Hutcherson – Now! (Blue Note Connoissuer Series) - $7.50 - SOLD J.J. Johnson – J.J.!– (1995 German RCA – one small, light scratch that does not affect play) - $4.75 - SOLD Stan Kenton – The 1950’s Birdland Broadcasts (Jazz Band) - $4.75 - SOLD Jimmy McGriff – The Worm– (Blue Note Rare Grooves Series) - $3.75 Jackie McLean – Consequence (Blue Note Connoisseur – BMG Club edition) - $7.50 Jackie McLean – Swing Swang Swingin’ (Blue Note Connoisseur – OBI strip is missing) - $16.50 Thelonious Monk – Live at the It Club – Complete (Columbia 2-CD set) - $9.50 - SOLD Thelonious Monk – London Collection, Volume 1 (1201 Music - 20-bit remastered) - $4.25 Thelonious Monk – London Collection, Volume 3 (1201 Music - 20-bit remastered) - $11.50 Thelonious Monk – Monk Alone – The Complete Columbia Solo Studio Recordings: 1962-1968(Columbia 2-CD set – there is one small area with a few light scratches/scuffs that do not affect play) - $7.50 - SOLD Wes Montgomery – Dangerous (Milestone) - $5.50 John Patton – Got A Good Thing Goin’ (Blue Note Rare Groove Series) – $3.75 - SOLD Art Pepper – The Complete Surf Club Sessions (Jazz Factory 2-CD set) - $8.50 Art Pepper – Straight Life (OJC) - $4.75 Art Pepper – The Way it Was! (OJC) - $4.75 Buddy Rich – This One’s for Basie (Verve – Jazz Heritage Club edition – SEALED) - $2.75 Buddy Rich – Rich Versus Roach (Verve) - $6.50 - SOLD Sam Rivers – Contours (Blue Note Connoisseur Series) - $7.50 Tony Scott – At Last(32 Jazz 2-CD set – cardboard slipcover sleeve is missing) - $20.00 Woody Shaw – Rosewood (Columbia) - $3.75 - SOLD Woody Shaw – Stepping Stones– Live at the Village Vanguard (Columbia – BMG Club edition) - $3.75 - SOLD Jimmy Smith – The Sermon (Blue Note RVG) - $4.50 Sonny Stitt – At the Hi-Hat, Vol.1 (Roulette – BMG Club edition) - $3.75 - SOLD Sonny Stitt – Prestige First Sessions, Vol.2 (Prestige – SEALED) - $4.50 - SOLD Johnny Varro – Say Yes (Arbors) - $1.75 - SOLD BLUES: Tiny Bradshaw – Breaking Up the House (Proper 2-CD set) - $7.50 Bumble Bee Slim (Amos Easton) – Vol. 8, 1937-1951 (Document) - $3.75 Cow Cow Davenport – Vol. 2, 1929-1945 (Document) - $7.50 Walter Davis – Vol. 6, 1940-1946 (Document) -$6.50 Champion Jack Dupree – New Orleans Barrelhouse Boogie(Columbia) - $8.50 Blind Boy Fuller – Vol. 1, 1935-1936 (Document – there are a few small, light scratches/scuffs that do not affect play) - $6.50 Etta James – The Sweetest Peaches – The Chess Years, Part One, 1960-1966 (MCA) - $2.75 Etta James – These Foolish Things: The Classic Balladry of Etta James (MCA) - $2.75 Mance Lipscomb – Texas Songster (Arhoolie – some light scratches/scuffs that do not affect play) - $6.50 Willie Love & his Three Aces – Greenville Smokin’ (Cleopatra - Trumpet Records) - $2.75 Willie Mabon – 1949-1954 (Blues & Rhythm Series Chronological Classics) - $8.50 Percy Mayfield – 1951-1954 (Blues & Rhythm Series Chronological Classics) - $8.50 Monkey Joe (Jesse Coleman) – Vol. 1, 1935-1939 (Document) - $7.50 Kid Prince Moore – 1936-1938 (Document) - $7.50 Big Joe Turner – The Very Best of Big Joe Turner (Rhino) - $3.75 Big Joe Williams – Big Joe Williams & Friends (Cleopatra - Trumpet Records) - $2.75 Sonny Boy Williamson (the second) – I Ain’t Beggin’ Nobody (Cleopatra - Trumpet Records) - $3.75 BLUEGRASS/FOLK/COUNTRY: Flatt & Scruggs – Complete Mercury Recordings (Mercury – BMG Music Club edition) - $4.75 Flatt & Scruggs – Essential Flatt & Scruggs – ‘Tis Sweet To Be Remembered (Columbia 2-CD set) - $7.50 - SOLD Don Gibson – RCA Country Legends (RCA) - $3.75 Woody Guthrie – Library of Congress Recordings (Rounder 3-CD set) - $20.00 Hank Williams, Sr. – 40 Greatest Hits (Polydor 2-CD set – BMG Music Club edition) - $9.50 Bob Wills – Anthology (Columbia 24-song compilation) - $4.50 Faron Young – Complete Capitol Hits (Collectors’ Choice 2-CD set) - $14.00 EARLY R&B: Various Artists – Honky Tonk! The King and Federal R&B Instrumentals (Ace Records) - $8.50

I recently purchased (not from Mosaic) a partial set (5/10 LP's) of Mosaic's Miles Davis Complete Plugged Nickel Sessions, but I no longer need it. All five LP's are in near mint condition (some are probably unplayed as I did not have the chance to listen to them all), BUT there is no booklet and the partial set is housed in a plain, black Mosaic box (i.e., there is no photo on the box top cover). I am looking for $45 plus reimbursement for actual shipping charges; I accept payment via PayPal, money order, or cashier's check. Please send a PM if interested. The track listing of the five LP's is as follows: RECORD THREE, SIDE A: (1) Four (15:05) (2) When I Fall In Love (10:44) RECORD THREE, SIDE B: (1) Agitation (13:13) (2) 'Round About Midnight (8:42) RECORD FOUR, SIDE A: (1) Milestones (14:04) (2) The Theme (0:38) (3) I Fall In Love Too Easily (11:53) RECORD FOUR, SIDE B: (1) All Of You (14:38) (2) Oleo (6:05) RECORD SIX, SIDE A: (1) If I Were A Bell (13:29) (2) Stella By Starlight (13:09) RECORD SIX, SIDE B: (1) Walkin' (11:01) (2) I Fall In Love Too Easily (12:07) (3) The Theme (2:50) RECORD SEVEN, SIDE A: (1) All Of You (10:39) (2) Agitation (10:48) RECORD SEVEN, SIDE B: (1) My Funny Valentine (13:52) (2) On Green Dolphin Street (12:48) RECORD EIGHT, SIDE A: (1) So What (13:36) (2) The Theme (3:28) RECORD EIGHT, SIDE B: (1) When I Fall In Love (13:39) (2) Milestones (11:49)

I just sent a PM regarding the Ben Webster and Yusef Lateef CD's. Thanks! -Ed

Tjazz brought this promotion code to my attention on the "Yourmusic.com Corner" thread, but it is such a good code that I believe that it is worthy of further note: L7P1 - 65% off with free shipping, good until (through???) 7/15 The newly available Dexter Gordon 3-CD Savoy set, "Bopland", costs only $12.24 delivered when purchased with this code. This is also a great code for purchasing $24.98 and $29.98 2-CD sets, which, with code applied, cost only $8.75 and $10.50 respectively. A number of the Universal "Deluxe Edition" releases (such as Marvin Gaye's, "What's Going On", and James Brown's "Live at the Apollo, Vol.2") are priced at $24.98.

Again, I think that a Mosaic Select of this material is a great idea, and I would definitely buy one. I have no idea, though, what Mosaic's expectations are in regard to the sales of its Select series. The first two releases in this series came out 4.5 years ago, and I would be curious to know what sales are to date (and whether these sales are meeting expectations).

I agree, although I place the blame squarely on Verve. Verve has completely mismanaged Buddy de Franco's catalog during the CD era. (For instance, why did it issue "Mr. Clarinet" as a full-priced, limited edition pressing in an LP mini-sleeve when, at the time, the same exact session had been available as a Japanese pressing at the same price? Of course, aside from "Mr. Clarinet", the Verve Elite Edition disc with Oscar Peterson, and the tracks from the 5-disc Lionel Hampton boxed set, Verve U.S.A. has reissued NOTHING by Buddy de Franco on CD, not even a single disc compilation.) Perhaps I am stating the obvious, but I think that the only reason that Verve opened its doors to leasing its material to Mosaic again a few years back was because of the rather belated realization that European copyright laws only offered protection for 50 years. At any rate, as Ken noted, I am not sure that this set would be commercially viable, but I definitely would buy it.

I sent e-mails regarding Stride Right, Roy Eldridge 1951, and Cuban Fire! Thanks!

Thanks for the insight. I also am reluctant to take such measures.

Thanks to all of you for checking your copies - I am glad that none of you seem to be encountering this problem. Cleaning has not corrected matters, and the fact that the backward skip occurs at exactly the same point on both copies of the record is disheartening. I am open to any and all suggestions. My friend and I each have a Goldring player (recommended on this board), and I, for one, have never had any problem before.

All CD’s are in excellent or better condition unless otherwise noted. Fees for USPS First Class shipping within the U.S. are as follows: 1 CD: $2.00 (the 2-CD sets listed below count as one CD for this purpose) 2 CD’s: $2.50 3 or more CD’s: actual shipping charges to be determined (actual shipping charges to destinations outside of the U.S. also to be determined) Please send a PM if interested – thanks! JAZZ TITLES: Julian “Cannonball” Adderley – Cannonball Takes Charge (Capitol) - $4.00 Julian “Cannonball” Adderley – En Concert Avec Europe (RTE) - $4.00 Julian “Cannonball” Adderley – Somethin’ Else (Blue Note RVG) - $4.00 Harry Arnold – Big Band in Concert, 1957-58 (Dragon) - $14.00 Tony Bennett/Bill Evans – Tony Bennett/Bill Evans Album (OJC) - $4.00 Don Byas – Laura (Gitanes – Jazz in Paris) - $4.00 John Coltrane – Coltrane Plays the Blues (Atlantic) - $4.00 John Coltrane – Coltrane’s Sound(Atlantic) - $4.00 John Coltrane – Giant Steps Deluxe Edition (RHINO - BMG Club Edition in a jewel case, not a digipak) –$4.50 Lou Donaldson – Quartet/Quintet/Sextet (Blue Note Collectors’ Choice Series) - $11.00 Jimmy Giuffre – With the Jim Hall Trio (Giant of Jazz [italy] – recorded between 1956 and 1960) - $3.50 Joe Henderson – Mirror Mirror (MPS POCJ-2160 – OBI strip is in excellent condition) - $5.00 SOLD Joe Henderson – Mode for Joe (Blue Note RVG) - $4.00 Joe Henderson – Page One (Blue Note RVG) – $4.00 Andrew Hill – Andrew!!! (Blue Note Connoisseur – BMG Club Edition) - $7.50 Andrew Hill – Dance with Death (Blue Note Connoisseur) - $8.00 Andrew Hill – Dusk (Palmetto) - $4.50 Andrew Hill – Eternal Spirit (Blue Note Connoisseur) - $19.00 SOLD Andrew Hill – Judgment! (Blue Note RVG – BMG Club Edition) - $4.00 Andrew Hill – Pax (Blue Note Connoisseur – BMG Club Edition) - $7.50 SOLD Richard “Groove” Holmes – Comin’ On Home (Blue Note) - $4.00 Stan Kenton – The 1950’s Birdland Broadcasts (Jazz Band) - $5.50 Jackie McLean – Consequence (Blue Note Connoisseur – BMG Club Edition) - $7.50 Jackie McLean – Its’ Time (Blue Note Connoisseur – BMG Club Edition) - $7.50 SOLD Jackie McLean – Vertigo (Blue Note Connoisseur) - $9.00 SOLD Thelonious Monk – Alone in San Francisco (OJC) - $3.50 Thelonious Monk – London Collection, Volume 1 (1201 Music) - $5.00 John Patton – Got A Good Thing Goin’ (Blue Note) – $4.00 Art Pepper – The Complete Surf Club Sessions (Jazz Factory 2-CD set) - $9.00 Art Pepper – Straight Life (OJC) - $5.00 Art Pepper – The Way it Was! (OJC) - $5.00 Bud Powell – Scene Changes (Blue Note RVG) – $4.00 Sonny Red – Out of the Blue (Blue Note Connoisseur – OBI strip is in very good condition) - $16.00 Sam Rivers – Contours (Blue Note Connoisseur) - $8.00 Horace Silver – Six Pieces of Silver (Blue Note RVG) - $4.00 SOLD Johnny Varro – Say Yes (Arbors) - $4.00 NON-JAZZ TITLES: Patsy Cline – Patsy Cline Story (MCA) - $3.00 Nat “King” Cole – Tell Me About Yourself/The Touch of Your Lips (EMI) - $6.00 Fats Domino – Fats Domino Live! (Shout! Factory) - $4.00 Red Foley – Tennessee Saturday Night (Proper 2-CD compilation) - $7.50 Judy Garland – Judy In Love/Alone (S&P Records) – $6.00 Don Gibson – RCA Country Legends (RCA) - $4.50 Etta James – These Foolish Things: The Classic Balladry of Etta James (MCA) - $4.00 Frank Sinatra – CBS Mini-Series Soundtrack (Reprise 2-CD set) - $4.00 Pete Townshend – Who Came First (Rykodisc 1992 release) - $7.00 Pete Townshend and Ronnie Lane – Rough Mix (Atlantic, 1989) - $4.00 Traffic – Traffic (Island – 2001 remaster) - $4.00 Faron Young – Complete Capitol Hits (Collectors’ Choice 2-CD set) - $15.00 Helen Ward – The Complete Helen Ward on Columbia (Collectors’ Choice 2-CD set) - $15.00 Bob Wills – Anthology (Columbia single disc compilation) - $5.00 Various Artists – Honky Tonk! The Best of King and Federal R&B Instrumentals (Ace Records) - $9.00

I have listened to Side B of Record 5 on my set as well as a buddy's, and both copies skip at the transition between track #1 (an announcement) and track #2. There is no visible defect on either copy of the LP. Both sets in question were numbered in the 700's. It is an annoyance more than anything, as the skip precedes the start of the group's performance. There is also little that can be done at this point as Mosaic does not have available any partials for this set. I am curious, though, whether others' sets have this defect and whether this defect is confined to the last or latter pressings. Thanks!

No, I am afraid that I have not received any e-mail from you - I don't know what happened.

I sent you an e-mail earlier today regarding three of the Bethlehem Japan jazz vocal titles - I just want to make certain that you received it. Thanks!

Don't forget the sellers' surcharges! No, I haven't forgotten. I certainly do not think that levying such surcharges is the best way to do business (especially for a high priced item such as this), but, then again, the seller could have easily limited the acceptable payment methods to money order and cashier's check only. I could be mistaken, but I believe that PayPal affords purchasers greater protection (even when effecting a money transfer from a PayPal balance) than could be obtained by sending a money order. We shall see what happens, but auctions such as this one often seem to end at a winning bid price well below fair market value. Of course, if this auction attracts the interest of two bidders with deep pockets (and who cannot do math very well), then all bets are off! Unless the auction is cancelled by eBay because of the surcharges... Right! I have no idea what eBay's policies are in this regard.

Don't forget the sellers' surcharges! No, I haven't forgotten. I certainly do not think that levying such surcharges is the best way to do business (especially for a high priced item such as this), but, then again, the seller could have easily limited the acceptable payment methods to money order and cashier's check only. I could be mistaken, but I believe that PayPal affords purchasers greater protection (even when effecting a money transfer from a PayPal balance) than could be obtained by sending a money order. We shall see what happens, but auctions such as this one often seem to end at a winning bid price well below fair market value. Of course, if this auction attracts the interest of two bidders with deep pockets (and who cannot do math very well), then all bets are off!

I did a little math, and this Mosaic lot consists of 218 CD's. Fifty-eight of these discs are from sets that are presently available, and at the old Mosaic price of $16 per CD. So, excluding shipping charges, it would cost you $928 to purchase these in-print sets directly from Mosaic. Subtract this amount from the current high bid of $2,225, and the current bid price for the 160 out-of-print CD's is $1,297, or just over $8.00 per CD. So far, then, it is a bargain, but there are still over nine days to go.

I hear you. I have just received the Berigan (#1961) and Miles '63-64 (#701) sets. My guess is that the '63-64 set was selling so slowly that Mosaic decided not to extend the pertinent contractual agreement.

Twenty dollars? Then Mosaic has doubled the price since I last ordered some booklets and partial sets a couple of years back. Good for them as long as they end up selling more than half as many booklets as they used to sell.

All CD's listed are in near mint condition unless otherwise specified. Quoted prices include shipping via USPS First Class Mail within the United States; prices for overseas purchasers will be adjusted to account for actual shipping charges. Payment via PayPal is preferred. Please send a PM if interested. Thanks! Dizzy Gillespie - An Electrifying Evening with the Dizzy Gillespie Quintet (Verve - there are three small, light scracthes that do not affect play) - $6.00 Edmond Hall - Petite Fleur (Mighty Quinn) - $8.00 - SOLD Ahmad Jamal - Ahmad's Blues - (Chess - factory sealed) - $6.00 - SOLD Marian McPartland - Piano Jazz with Lionel Hampton (Jazz Alliance, original issue - factory sealed) - $5.00 - SOLD Ray McKinley & His Orchestra - Borderline (Savoy - there is some light scuffing in one area that does not affect play) - $5.00 - SOLD Thelonious Monk - Thelonious Himself (Riverside original issue) - $5.00 "Big" John Patton - Got a Good Thing Goin' - (Blue Note) - $7.00 Bud Powell - Scene Changes - (Blue Note RVG) - $7.00 Horace Silver - Six Pieces of Silver - (Blue Note RVG) - $7.00 Sonny Stitt - Prestige First Sessions Vol.2 - (Prestige - factory sealed) - $7.00

Bol, If you are interested in obtaining a booklet for that fine set, you may want to check with Mosaic Records if you have not done so already. Because of the costs associated with printing runs, Mosaic generally (always?) ends up with extra booklets that can be purchased for $10 each once the set has gone OOP.

Dan, thanks for correcting me. I missed the recent decision by the Court of Appeals for the District of Columbia Circuit. For what it's worth, I believe that the DC law banning residents from possessing handguns in their homes is unconstitutional on other grounds, namely the Ninth Amendment. The 2001 decision by the Fifth Circuit is distinguishable insofar as that decision stated in non-binding language that individuals have Second Amendment rights. That Court concluded that the defendant in the case was properly convicted of possessing a gun in violation of a restraining order. Porcy, I am sorry; I did not mean to bite your head off. I just wanted to make it clear on which side of the issue I am. I completely agree with your assessment that the Ninth Amendment is vague, but I believe that the framers of the Consitution constructed it so for good reason. As for the Second Amendment, I firmly believe that it does not provide for individual gun rights, and the Supreme Court (not the current one) has decided as much. I present below the text of Miller with certain portions placed in bold font. Again, this was a unanimous decision. The Court's lengthy discussion of the framers' intent with respect to this Amendment is also notable. OPINION: [*175] [**816] [***1207] MR. JUSTICE McREYNOLDS delivered the opinion of the Court. An indictment in the District Court Western District Arkansas, charged that Jack Miller and Frank Layton "did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230, said defendants, at the time of so transporting said firearm in interstate commerce as aforesaid, not having registered said firearm as required by Section 1132d of Title 26, United States Code (Act of June 26, 1934, c. 737, Sec. 4 [§ 5], 48 Stat. 1237), and not having in their possession a stamp-affixed written order for said firearm as provided by Section 1132c, Title 26, United States Code (June 26, 1934, c. 737, Sec. 4, 48 Stat. 1237) and the regulations issued under authority of the said Act of Congress known as the 'National Firearms Act' approved June 26, 1934, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States." n1 - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n1 Act of June 26, 1934, c. 757, 48 Stat. 1236-1240, 26 U. S. C. § 1132. That for the purposes of this Act -- "(a) The term 'firearm' means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition, [The Act of April 10, 1936, c. 169, 49 Stat. 1192 added the words] but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is sixteen inches or more in length. "Sec. 3. (a) There shall be levied, collected, and paid upon firearms transferred in the continental United States a tax at the rate of $ 200 for each firearm, such tax to be paid by the transferor, and to be represented by appropriate stamps to be provided by the Commissioner, with the approval of the Secretary; and the stamps herein provided shall be affixed to the order for such firearm, hereinafter provided for. The tax imposed by this section shall be in addition to any import duty imposed on such firearm. "Sec. 4. (a) It shall be unlawful for any person to transfer a firearm except in pursuance of a written order from the person seeking to obtain such article, on an application form issued in blank in duplicate for that purpose by the Commissioner. Such order shall identify the applicant by such means of identification as may be prescribed by regulations under this Act: Provided, That, if the applicant is an individual, such identification shall include fingerprints and a photograph thereof. "© Every person so transferring a firearm shall set forth in each copy of such order the manufacturer's number or other mark identifying such firearm, and shall forward a copy of such order to the Commissioner. The original thereof with stamps affixed, shall be returned to the applicant. "(d) No person shall transfer a firearm which has previously been transferred on or after the effective date of this Act, unless such person, in addition to complying with subsection ©, transfers therewith the stamp-affixed order provided for in this section for each such prior transfer, in compliance with such regulations as may be prescribed under this Act for proof of payment of all taxes on such firearms. "Sec. 5. (a) Within sixty days after the effective date of this Act every person possessing a firearm shall register, with the collector of the district in which he resides, the number or other mark identifying such firearm, together with his name, address, place where such firearm is usually kept, and place of business or employment, and, if such person is other than a natural person, the name and home address of an executive officer thereof: Provided, That no person shall be required to register under this section with respect to any firearm acquired after the effective date of, and in conformity with the provisions of, this Act. "Sec. 6. It shall be unlawful for any person to receive or possess any firearm which has at any time been transferred in violation of section 3 or 4 of this Act. "Sec. 11. It shall be unlawful for any person who is required to register as provided in section 5 hereof and who shall not have so registered, or any other person who has not in his possession a stamp-affixed order as provided in section 4 hereof, to ship, carry, or deliver any firearm in interstate commerce. "Sec. 12. The Commissioner, with the approval of the Secretary, shall prescribe such rules and regulations as may be necessary for carrying the provisions of this Act into effect. "Sec. 14. Any person who violates or fails to comply with any of the requirements of this Act shall, upon conviction, be fined not more than $ 2,000 or be imprisoned for not more than five years, or both, in the discretion of the court. "Sec. 16. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. "Sec. 18. This Act may be cited as the 'National Firearms Act.'" - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*176] A [**817] duly interposed demurrer alleged: The National Firearms Act is not a revenue measure but an attempt to usurp police power reserved [***1208] to the States, and is therefore unconstitutional. Also, it offends the inhibition of the Second Amendment to the Constitution -- "A well regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed." [*177] The District Court held that section eleven of the Act violates the Second Amendment. [**818] It accordingly sustained the demurrer and quashed the indictment. The cause is here by direct appeal. [***HR1] [1] Considering Sonzinsky v. United States (1937), 300 U.S. 506, 513, and what was ruled in sundry causes arising [*178] under the Harrison Narcotic Act n2 -- United States v. Jin Fuey Moy (1916), 241 U.S. 394; United States v. Doremus (1919), 249 U.S. 86, 94; Linder v. United States (1925), 268 U.S. 5; Alston v. United States (1927), 274 U.S. 289; Nigro v. United States [***1209] (1928), 276 U.S. 332 -- the objection that the Act usurps police power reserved to the States is plainly untenable. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n2 Act December 17, 1914, c. 1, 38 Stat. 785; February 24, 1919, c. 18, 40 Stat. 1057. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [***HR2] [2] [***HR3] [3] In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158. [***HR4] [4] The Constitution as originally adopted granted to the Congress power -- "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress." With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view. The Militia which the States were expected to maintain and train is set in contrast with Troops which they [*179] were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia -- civilians primarily, soldiers on occasion. The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time. Blackstone's Commentaries, Vol. 2, Ch. 13, p. 409 points out "that king Alfred first settled a national militia in this kingdom," and traces the subsequent development and use of such forces. Adam Smith's Wealth of Nations, Book V, Ch. 1, contains an extended account of the Militia. It is there said: "Men of republican principles have been jealous of a standing army as dangerous to liberty." "In a militia, the character of the labourer, artificer, or tradesman, predominates over that of the soldier: in a standing army, that of the soldier predominates over every other character; and in this distinction seems to consist the essential difference between those two different species of military force." "The American Colonies In The 17th Century," Osgood, Vol. 1, ch. XIII, affirms in reference to the early system of defense in New England -- "In all the colonies, as in England, the militia system was based on the principle of the assize of arms. This implied the general obligation of all adult male inhabitants to possess arms, and, with certain exceptions, to [*180] cooperate in the work of defence." "The possession of arms also implied the possession of ammunition, and the authorities paid quite as much attention [**819] to the latter as to the former." "A year later [1632] it was ordered that any single man who had not furnished himself with arms might be put out to service, and this became a permanent part of the legislation [***1210] of the colony [Massachusetts]." Also "Clauses intended to insure the possession of arms and ammunition by all who were subject to military service appear in all the important enactments concerning military affairs. Fines were the penalty for delinquency, whether of towns or individuals. According to the usage of the times, the infantry of Massachusetts consisted of pikemen and musketeers. The law, as enacted in 1649 and thereafter, provided that each of the former should be armed with a pike, corselet, head-piece, sword, and knapsack. The musketeer should carry a 'good fixed musket,' not under bastard musket bore, not less than three feet, nine inches, nor more than four feet three inches in length, a priming wire, scourer, and mould, a sword, rest, bandoleers, one pound of powder, twenty bullets, and two fathoms of match. The law also required that two-thirds of each company should be musketeers." The General Court of Massachusetts, January Session 1784, provided for the organization and government of the Militia. It directed that the Train Band should "contain all able bodied men, from sixteen to forty years of age, and the Alarm List, all other men under sixty years of age, . . ." Also, "That every non-commissioned officer and private soldier of the said militia not under the controul of parents, masters or guardians, and being of sufficient ability therefor in the judgment of the Selectmen of the town in which he shall dwell, shall equip himself, and be constantly provided with a good fire arm," &c. By an Act passed April 4, 1786 the New York Legislature directed: "That every able-bodied Male Person, being [*181] a Citizen of this State, or of any of the United States, and residing in this State, (except such Persons as are hereinafter excepted) and who are of the Age of Sixteen, and under the Age of Forty-five Years, shall, by the Captain or commanding Officer of the Beat in which such Citizens shall reside, within four Months after the passing of this Act, be enrolled in the Company of such Beat. . . . That every Citizen so enrolled and notified, shall, within three Months thereafter, provide himself, at his own Expense, with a good Musket or Firelock, a sufficient Bayonet and Belt, a Pouch with a Box therein to contain not less than Twenty-four Cartridges suited to the Bore of his Musket or Firelock, each Cartridge containing a proper Quantity of Powder and Ball, two spare Flints, a Blanket and Knapsack; . . ." The General Assembly of Virginia, October, 1785, (12 Hening's Statutes) declared, "The defense and safety of the commonwealth depend upon having its citizens properly armed and taught the knowledge of military duty." It further provided for organization and control of the Militia and directed that "All free male persons between the ages of eighteen and fifty years," with certain exceptions, "shall be inrolled or formed into companies." "There shall be a private muster of every company once in two months." Also that "Every officer and soldier shall appear at his respective muster-field on the day appointed, by eleven o'clock in the forenoon, armed, equipped, and accoutred, as follows: . . . every non-commissioned officer and private with a good, clean musket carrying an ounce ball, and three feet eight inches long in the barrel, with a good bayonet and iron ramrod well fitted thereto, a cartridge box properly made, to contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen, and moreover, each non-commissioned officer and private shall have at every muster one pound of good [*182] powder, and four pounds of lead, including twenty blind cartridges; and each serjeant shall have a pair of moulds fit to cast balls for their respective companies, to be purchased by the commanding officer out [***1211] of the monies arising on delinquencies. Provided, That the militia of the counties westward of the Blue Ridge, and the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good rifles with proper accoutrements, in lieu thereof. And every of the said officers, non-commissioned officers, and privates, shall constantly keep the aforesaid arms, accoutrements, and ammunition, ready to be produced whenever called for by his commanding officer. If any private shall make it appear to the satisfaction of [**820] the court hereafter to be appointed for trying delinquencies under this act that he is so poor that he cannot purchase the arms herein required, such court shall cause them to be purchased out of the money arising from delinquents." Most if not all of the States have adopted provisions touching the right to keep and bear arms. Differences in the language employed in these have naturally led to somewhat variant conclusions concerning the scope of the right guaranteed. But none of them seem to afford any material support for the challenged ruling of the court below. In the margin some of the more important opinions and comments by writers are cited. n3 - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n3 Concerning The Militia -- Presser v. Illinois, 116 U.S. 252; Robertson v. Baldwin, 165 U.S. 275; Fife v. State, 31 Ark. 455; Jeffers v. Fair, 33 Ga. 347; Salina v. Blaksley, 72 Kan. 230; 83 P. 619; People v. Brown, 253 Mich. 537; 235 N. W. 245; Aymette v. State, 2 Humphr. (Tenn.) 154; State v. Duke, 42 Texas 455; State v. Workman, 35 W. Va. 367; 14 S. E. 9; Cooley's Constitutional Limitations, Vol. 1, p. 729; Story on The Constitution, 5th Ed., Vol. 2, p. 646; Encyclopaedia of the Social Sciences, Vol. X, p. 471, 474. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*183] We are unable to accept the conclusion of the court below and the challenged judgment must be reversed. The cause will be remanded for further proceedings. MR. JUSTICE DOUGLAS took no part in the consideration or decision of this cause. Of course, it is now readily apparent that stare decisis mean very little to the current Court. This is evident by the Court's recent decision relating to abortion, which, in my opinion, controverts Roe. (I was going to quote from Roe, but I decided it best to leave that topic to other threads.)

I agree with you to a large extent - let's leave it at that

I think that you interpreted correctly the Constitution's emendament about arms. I think that at times the proposal of it was exactly to prevent the taking over from undemocratic federal government against single states. That is pretty obvious, considering that Jefferson and the Others lived in an epoch were undemocratic centralized Kingdoms ruled the world. A federation of armed free states (with the milicia) was the better cure for that. And the right to carry arm has more to do with it then with personal selfdefense. How ironic that Hamilton won the battle against Jefferson in the long run and today we have the more invasise and centralizad federal control over the country but the freedom to enteer in a shop and buy an assault gun. Porcy62, I do not quite agree with your assessment of the Second Amendment, but I do believe that you have to look elsewhere (i.e., the Ninth Amendment) to find support for the right to keep firearms for self-defense. Well, it's my interpretation. As the infinite debate about it between eminent lawyers, historians, ecc. demonstrated, I am sure that we will not solve the problem of the correct interpretation in Organissimo Forum. Otherwise Jim and his band mates would have a professorship at Harward's School of law. BTW, the Ninth may include the right to parking a car w/o being shoted by some armed nut who think you just stolen his place. Think about it. Well, Porcy, you are certainly entitled to your interpretation. I was just politely trying to point out to you that one does not have to turn to the Second Amendment for the supposition that U.S. citizens have some right to possess firearms (if only for self-defense). As for the Second Amendment, please know that since the Supreme Court's unanimous decision in Miller (1939), all federal appeals courts have agreed that the Second Amendment does NOT confer gun rights on individuals. There is no debate, despite the efforts of the NRA to promote an alternative interpretation. As for your second point, you are missing the mark. I am in favor of extensive restrictions on the possession of firearms.