DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Asian shares hit new highs, Fed outcome pressures dollar

TOKYO (Reuters) - Asian shares rose on Wednesday buoyed by strength in global equities markets, hopes of a deal from U.S. budget talks and expectations for more stimulus from the Federal Reserve when it ends its two-day policy meeting later in the day.

Oil, copper and gold prices were also underpinned while the dollar remained broadly pressured, but the yen weakened against the dollar on expectations the Bank of Japan will take additional easing steps at its policy meeting next week.

European shares were expected to climb, with financial spreadbetters predicting London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> will open as much as 0.4 percent higher. But a 0.1 percent drop in U.S. stock futures hinted at a soft Wall Street open. <.l><.eu><.n/>

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> gained 0.5 percent to a 16-month peak. The index has hit successive 16-month highs since December 5.

Australian shares <.axjo> were up 0.2 after touching a nearly 17-month peak, as higher commodities prices lifted the resources sector.

London copper steadied at $8,103.50 a metric ton (1.1023 tons), near two-month highs, while spot gold inched up 0.1 percent to $1,710.65 an ounce. U.S. crude futures were little changed at $85.81 a barrel and Brent rose 0.2 percent to $108.25.

"No doubt about it, the liquidity from the U.S. Fed is a good driver for prices," said Henry Liu, head of commodity research at Mirae Asset Securities in Hong Kong, adding that copper is also supported by a recovery in China and the United States.

While mainland markets remained sluggish, Hong Kong shares <.hsi> rose to a 16-month high, underpinned by foreign investors' optimism on China.

In China, "it's tough to get a clear picture of what's happening on the ground but you can infer that domestic investors remain relatively pessimistic," a Hong Kong-based fund manager said.

South Korean shares <.ks11> added 0.6 percent, shrugging off news that North Korea launched the second rocket this year earlier on Wednesday.

Japan's Nikkei share average <.n225> rose 0.6 percent to end at its highest in nearly eight months, led by gains in tech shares and other exporters on the weak yen. <.t/>

The euro popped back above $1.3000, pulling away from a two-week low of $1.2876 plumbed on Friday.

The Fed is expected to announce a fresh round of bond buying as part of its efforts to support a fragile economic recovery threatened by political wrangling over the government's budget. The central bank looks certain both to extend its purchases of mortgage-backed debt and replace another expiring stimulus program with a new bout of money creation.

Against the yen, the dollar rose 0.2 percent to 82.65 yen.

Data on Wednesday showed Japan's core machinery orders rose 2.6 percent in October from the previous month, up for the first time in three months but below a 3 percent rise forecast, highlighting how uncertainty over the global outlook continued to weigh on business investment and the broader economy.

India's industrial production, in contrast, soared by 8.2 percent in October from a year earlier, government data showed on Wednesday, well above a 4.5 percent rise forecast.

Investors also closely followed developments in U.S. budget talks to avert the "fiscal cliff," some $600 billion of tax hikes and spending cuts scheduled to start in January, which economists have warned could send the U.S. economy into recession and drag down the fragile global economy.

Negotiations to avert the "fiscal cliff" ahead of a year-end deadline intensified as President Barack Obama and U.S. House of Representatives Speaker John Boehner spoke by phone on Tuesday after exchanging new proposals, in a possible sign of progress ahead of the end-of-year deadline [ID:nL1E8NB6UF]

A group of high-profile chief executives urged President Barack Obama and Republican congressional leaders on Tuesday to strike a deal, reflecting mounting urgency to resolve the issue with time running out.

"Definitely the momentum is to the upside," said Stan Shamu, a market analyst at IG Markets. "Everyone seems to be pricing in a fairly positive outcome to the fiscal cliff negotiations as well."

(Additional reporting by Maggie Lu Yueyang in Canberra and Vikram Subhedar in Hong Kong and Melanie Burton in Singapore; Editing by Jacqueline Wong)

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Hayden Panettiere Splits with Scotty McKnight

12/10/2012 at 07:50 PM EST

Hayden Panettiere and Scotty McKnight

Splash News Online

Is there a tear in her beer?

Nashville star Hayden Panettiere has broken up with her boyfriend of more than a year, New York Jets wide receiver Scotty McKnight, a source confirms to PEOPLE.

But the split doesn't appear to be the stuff of a sad country song. The actress, 23, is still friends with McKnight, 24, and one source tells TMZ that their pals wouldn't be surprised if they got back together.

This is Panettiere's second go at a relationship with an athlete. Before dating McKnight she was with Ukrainian boxer Wladimir Klitschko for about two years.
– Julie Jordan

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New tests could hamper food outbreak detection

WASHINGTON (AP) — It's about to get faster and easier to diagnose food poisoning, but that progress for individual patients comes with a downside: It could hurt the nation's ability to spot and solve dangerous outbreaks.

Next-generation tests that promise to shave a few days off the time needed to tell whether E. coli, salmonella or other foodborne bacteria caused a patient's illness could reach medical laboratories as early as next year. That could allow doctors to treat sometimes deadly diseases much more quickly — an exciting development.

The problem: These new tests can't detect crucial differences between different subtypes of bacteria, as current tests can. And that fingerprint is what states and the federal government use to match sick people to a contaminated food. The older tests might be replaced by the new, more efficient ones.

"It's like a forensics lab. If somebody says a shot was fired, without the bullet you don't know where it came from," explained E. coli expert Dr. Phillip Tarr of Washington University School of Medicine in St. Louis.

The federal Centers for Disease Control and Prevention warns that losing the ability to literally take a germ's fingerprint could hamper efforts to keep food safe, and the agency is searching for solutions. According to CDC estimates, 1 in 6 Americans gets sick from foodborne illnesses each year, and 3,000 die.

"These improved tests for diagnosing patients could have the unintended consequence of reducing our ability to detect and investigate outbreaks, ultimately causing more people to become sick," said Dr. John Besser of the CDC.

That means outbreaks like the salmonella illnesses linked this fall to a variety of Trader Joe's peanut butter might not be identified that quickly — or at all.

It all comes down to what's called a bacterial culture — whether labs grow a sample of a patient's bacteria in an old-fashioned petri dish, or skip that step because the new tests don't require it.

Here's the way it works now: Someone with serious diarrhea visits the doctor, who gets a stool sample and sends it to a private testing laboratory. The lab cultures the sample, growing larger batches of any lurking bacteria to identify what's there. If disease-causing germs such as E. coli O157 or salmonella are found, they may be sent on to a public health laboratory for more sophisticated analysis to uncover their unique DNA patterns — their fingerprints.

Those fingerprints are posted to a national database, called PulseNet, that the CDC and state health officials use to look for food poisoning trends.

There are lots of garden-variety cases of salmonella every year, from runny eggs to a picnic lunch that sat out too long. But if a few people in, say, Baltimore have salmonella with the same molecular signature as some sick people in Cleveland, it's time to investigate, because scientists might be able narrow the outbreak to a particular food or company.

But culture-based testing takes time — as long as two to four days after the sample reaches the lab, which makes for a long wait if you're a sick patient.

What's in the pipeline? Tests that could detect many kinds of germs simultaneously instead of hunting one at a time — and within hours of reaching the lab — without first having to grow a culture. Those tests are expected to be approved as early as next year.

This isn't just a science debate, said Shari Shea, food safety director at the Association of Public Health Laboratories.

If you were the patient, "you'd want to know how you got sick," she said.

PulseNet has greatly improved the ability of regulators and the food industry to solve those mysteries since it was launched in the mid-1990s, helping to spot major outbreaks in ground beef, spinach, eggs and cantaloupe in recent years. Just this fall, PulseNet matched 42 different salmonella illnesses in 20 different states that were eventually traced to a variety of Trader Joe's peanut butter.

Food and Drug Administration officials who visited the plant where the peanut butter was made found salmonella contamination all over the facility, with several of the plant samples matching the fingerprint of the salmonella that made people sick. A New Mexico-based company, Sunland Inc., recalled hundreds of products that were shipped to large retailers all over the country, including Target, Safeway and other large grocery chains.

The source of those illnesses probably would have remained a mystery without the national database, since there weren't very many illnesses in any individual state.

To ensure that kind of crucial detective work isn't lost, the CDC is asking the medical community to send samples to labs to be cultured even when they perform a new, non-culture test.

But it's not clear who would pay for that extra step. Private labs only can perform the tests that a doctor orders, noted Dr. Jay M. Lieberman of Quest Diagnostics, one of the country's largest testing labs.

A few first-generation non-culture tests are already available. When private labs in Wisconsin use them, they frequently ship leftover samples to the state lab, which grows the bacteria itself. But as more private labs switch over after the next-generation rapid tests arrive, the Wisconsin State Laboratory of Hygiene will be hard-pressed to keep up with that extra work before it can do its main job — fingerprinting the bugs, said deputy director Dr. Dave Warshauer.

Stay tuned: Research is beginning to look for solutions that one day might allow rapid and in-depth looks at food poisoning causes in the same test.

"As molecular techniques evolve, you may be able to get the information you want from non-culture techniques," Lieberman said.

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Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

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Asia shares up despite Fed uncertainty, fiscal fears

TOKYO (Reuters) - Asian shares edged up to a 16-month high on Tuesday and the euro firmed, but prices were capped as investors waited for the U.S. Federal Reserve's policy decision this week and any progress in U.S. budget talks.

European shares were likely to crawl higher too, with financial spreadbetters predicting London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> will open as much as 0.3 percent higher. But a 0.2 percent drop in U.S. stock futures hinted at a soft Wall Street open. <.l><.eu><.n/>

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> nudged up 0.3 percent to a 16-month high. The index has hit successive 16-month highs since December 5.

Australian shares <.axjo> gained 0.4 percent to a seven-week high, supported by higher commodities prices on bets that the Fed will adopt fresh economic stimulus measures.

"It seems the Christmas rally (in commodities prices) is about getting ahead of the FOMC meeting and staying ahead of any potential Chinese stimulus early next year," said Ben Taylor, sales trader at CMC Markets.

Hong Kong shares <.hsi> added 0.2 percent, after earlier hitting a 16-month high. Shanghai shares <.ssec> were little changed as investors turned cautious ahead of the Fed and also took profits from Monday's rally, partly in response to data showing China's banks lent more slowly than expected in November and the pace of total financing eased.

Japan's Nikkei share average <.n225> was the region's laggard, closing down 0.1 percent but staying above a key 9,500 level. Investors booked profits on signs that the market is overbought after a 10 percent rally in the past month. <.t/>

"The 9,500-level is still an important psychological line for both support and resistance purposes," said Yutaka Miura, a senior technical analyst at Mizuho Securities.

After a two-day meeting ending Wednesday, the Fed is expected to announce it will buy $45 billion per month of longer-dated Treasuries beginning in January on top of the $40 billion in mortgage-backed security purchases it announced in September. The new buying will replace the Fed's current program, Operation Twist, which expires at the end of December.

Under Operation Twist, the Fed sells shorter-dated U.S. government debt and buys longer-dated Treasuries to extend the duration of its balance sheet.

The prospects of Fed stimulus weighed on the dollar and helped to underpin the euro, which traded up 0.1 percent at $1.2956, following a Monday low of $1.2880.

The dollar steadied at 82.32 yen. The yen has also been pressured by expectations for more easing from the Bank of Japan, which meets next week.

The euro rose from Monday's lows after Italian Prime Minister Mario Monti played down market fears over his decision to resign. He said there was no danger of a vacuum ahead of an election in the spring.

"I think people at this point are not sure whether there really will be the risk of Italy not pursuing its fiscal reforms pursued under Monti. So it's hard to really price that news in yet," said Takao Hattori, senior investment strategist at Mitsubishi UFJ Morgan Stanley Securities in Tokyo.

FISCAL WORRIES

European partners urged the next Italian government on Monday to stick to Monti's reform agenda, after his decision to resign early and Silvio Berlusconi's return to frontline politics rattled financial markets.

Monti had earned market confidence over the past year in indebted Italy, as he spearheaded a reform agenda to rescue the euro zone's third-largest economy from the threat of a Greek-style collapse.

The prospects that Italy's reform agenda could move off track in the absence of Monti at the helm have weighed on markets. Investors also worry about the impact on neighboring Spain, which is struggling with high debt and studying the need for outside help.

Economists have warned that a failure by the U.S. Congress to avert the "fiscal cliff," some $600 billion of tax hikes and spending cuts scheduled to start in January, could send the economy into recession and weigh on the fragile global economy.

The White House and House of Representatives Speaker John Boehner's office held more negotiations on Monday on ways to break the budget stalemate. The talks picked up pace after Boehner met with President Barack Obama on Sunday, raising hopes of progress.

U.S. crude futures inched up 0.1 percent to $85.65 a barrel and Brent also rose 0.1 percent to $107.40.

(Additional reporting by Ayai Tomisawa in Tokyo and Victoria Thieberger in Melbourne; Editing by Jacqueline Wong)

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Analysis: Franco-German chill reshuffles cards in Europe

PARIS (Reuters) - A chill has settled over the Rhine seven months after the election of Socialist French President Francois Hollande, reshuffling the cards in Europe's perpetual power game.

The cooling of traditionally close Franco-German relations was partly an intentional step by Hollande to demonstrate that he is not in conservative Chancellor Angela Merkel's pocket but wants to change the policy direction of the European Union.

It also reflects a fraught process of rebalancing power to accommodate Germany's greater political heft and economic clout.

Despite vows of ever closer cooperation that are sure to mark the 50th anniversary next month of the treaty that sealed post-war Franco-German reconciliation, tension is likely to simmer at least until next September's German general election.

Hollande was keen to distance himself from his conservative predecessor Nicolas Sarkozy's exclusive alliance with the German leader, which became known as "Merkozy" because of the dominant role they played in steering the euro zone debt crisis.

Hollande and Merkel have differed publicly over the right mix between austerity and growth policies, the future of the euro area, a European banking union, and industrial policy.

A series of disputes over common euro zone bonds, the EU budget and the aerospace industry have exposed mutual distrust between German and French officials and business leaders, despite entrenched habits of cooperation.

"It's not an easy dialogue," said Bruno Le Roux, parliamentary floor leader of Hollande's Socialist Party. "It was on the wrong track for the last couple of years and the fact that France was in an electoral cycle for a year and now Germany is in an electoral cycle for a year doesn't help."

Le Roux, who is close to Hollande, said the president had set out to broaden the debate about changing the euro zone's course by including countries such as Italy and Spain that are closer to his approach of "integration with solidarity."

That had led Merkel to build bridges with non-euro Britain on issues such as the EU budget, at France's expense.

Whereas France and Germany cut a deal to preserve the level of agricultural subsidies - of which the French are the chief beneficiaries - in the last long-term EU budget, Berlin cold-shouldered approaches by Paris for a similar pact this time.

In last month's aborted negotiations on the 2014-20 budget, Merkel endorsed lower farm spending despite French pleas and backed British pressure for deeper cuts in total EU expenditure.

The chancellor has expressed public concern about the loss of competitiveness of Europe's second largest economy. Her Finance Minister Wolfgang Schaeuble last month asked a panel of economic advisers to consider reform proposals for France.

In private, senior German officials worry about Hollande's ability to secure support in his Socialist party for the bold shake-up of labor markets, welfare financing and public spending that experts say France needs after the anti-business rhetoric of his election campaign.

Berlin has watched aghast the national drama in France over efforts to save 630 jobs at steelmaker ArcelorMittal, featuring threats to nationalize an ageing steelworks shuttered due to chronic overcapacity in the sector.

In German eyes, the furor over Mittal's Florange plant epitomizes a lack of economic realism and a statist intervention reflex that run counter to Germany's business culture.

Berlin policymakers recognize that Hollande is making a gradual turn towards economic reform, but they have still to be convinced of his determination to stay the course if left-wing and trade union resistance mounts.

Franco-German tensions over power-sharing, industrial policy and the role of the state came to a head in the struggle over European aerospace leader EADS.

Berlin prevented a merger between the Airbus parent and Britain's BAE Systems last month, fearing Germany would be overruled by Franco-British defense interests. The Germans then demanded an equal shareholding with Paris' in EADS.

The result was a shake-up of the European planemaker in which the Berlin government paid more than $2 billion to buy a stake matching France's, only to see the role of state shareholders greatly reduced by new governance arrangements.

The Germans were "obsessed with parity because they are convinced the French want to take over the company, just as the French are convinced the Germans want to take it over," said a person involved in the negotiations, who spoke on condition of anonymity.

The age when Germany was willing to sign the cheques but let France take the lead in Europe - whether to atone for World War Two or to ease the way for German unification - is over.

EADS is a paradigm for wider difficulties in relations, both because of the mutual suspicion and because of Berlin's determination to assert its increased power in a venture in which the French previously had the upper hand.

Hollande argues that each step towards closer integration in the euro zone should be preceded by an increase in "solidarity" - code for Germany doing more to support weaker southern states.

In contrast, Merkel insists there must be greater central control of national budgetary and economic policies to ensure they respect EU rules before any sharing of liabilities.

The Frenchman advocates common euro zone bonds to help pay off those countries' accumulated debts. He also wants joint deposit insurance in which German depositors and taxpayers would underwrite shaky banks in other euro zone states.

Both ideas are anathema in Germany, at least this side of the election and probably for much longer.

Irked by Hollande's perceived attempts to isolate her, Merkel has reached out to other partners to strengthen her hand in European negotiations.

In an essay entitled "After Merkozy, how France and Germany can make Europe work" (*), Ulrike Guerot and Thomas Klau of the European Council on Foreign Relations recount how Berlin lines up support from the Dutch and Finns, fellow north European AAA-rated nations, before dealing with the French.

"We call the French only once we have established a common position among our group of like-minded countries," they quoted a German official involved in financial negotiations as saying.

"And we know that once we start speaking with the French, then the trouble starts."

* After Merkokzy, how France and Germany can make Europe work, policy brief, ECFR.

http://ecfr.eu/page/-/ECFR56_FRANCE_GERMANY_BRIEF_AW.pdf

(Additional reporting by Tim Hepher; editing by James Jukwey)

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Tim McGraw and Faith Hill Kick Off Special Series of Las Vegas Shows

By Mark Gray

12/09/2012 at 05:00 PM EST

Tim McGraw and Faith Hill

Denise Truscello/WireImage

Tim McGraw and Faith Hill looked at each other, their hands on each others knees and shared a passionate kiss just after midnight Sunday morning.

The moment was a long time coming – it capped off their first weekend as a Las Vegas headlining act.

Earlier in the 90 minute show, McGraw told the crowd at the Venetian that he and his wife were going to "have fun tonight" and it genuinely seemed like they did, singing with each other for several songs while still letting the other perform their solo hits. Though the show – called the Soul2Soul series – is technically not the same "residency" show Las Vegas is known for, the couple will perform for 10 weekends through April.

At a press conference several months ago, McGraw and Hill promised a "personal" show, and they delivered in a big way. In fact, it got very personal as McGraw complimented his wife on her flowing black dress, saying, "It's gonna look good on the floor later."

The duo also took a moment to sit down and speak with the crowd. Though they didn't field any questions, they spoke about the most common questions they get asked. "We always get asked what was the music we heard first, who influenced us," Hill said.

Rather than answer it, the duo then sing a few of their main influences – Hill sang George Strait; McGraw sang The Eagles.

"I love doing other people's music, better than my own," McGraw joked.

With few bells and whistles, the show puts the focus squarely on it's two superstars, and considering the rousing ovations McGraw and Hill received Saturday, that's perfectly fine with their fans.

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

___

Johnson can be reached at https://twitter.com/GeneAPseattle

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Shares crawl higher as China, U.S. data brighten outlook

SINGAPORE (Reuters) - Asian shares touched a 16-month high on Monday as investors took heart from rising factory output growth in China and a falling unemployment rate in the United States that raised hopes about the outlook for the world's top two economies.

The positive mood was tempered by Chinese trade data that saw both exports and imports come in below forecasts, but equities and commodities such as copper and oil remained in the black. European shares were seen opening flat-to-higher.

"At this point, bad data is not as much of a surprise for the market as good data is," said Christian Keilland, head of trading at BTIG in Hong Kong.

The euro was under pressure, having been knocked by the prospect of a recession in Germany and political uncertainty in Italy after Prime Minister Mario Monti, an investors' favorite, said at the weekend he intended to resign early.

MSCI's broadest index of Asia Pacific shares outside Japan <.miapj0000pus> inched up 0.2 percent and Tokyo's Nikkei share average <.n225> firmed 0.1 percent.

Financial spreadbetters called London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> to open up about 0.1 percent. <.t><.l><.axjo/>

The MSCI index rose more than 1 percent last week, its third successive weekly gain, taking it to levels not seen since early August 2011. There was a further boost for regional markets on Sunday when China reported a November pick-up in factory output and retail-sales growth to eight-month highs.

However, data released by China on Monday showed exports rose in November at a much weaker pace than expected, while imports were flat.

"The export slowdown shows external demand faces uncertainty due to concerns over the fiscal cliff in the US," said Zhang Zhiwei, chief China economist at Nomura in Hong Kong. "Nonetheless it does not change our view that growth is on track for a strong recovery in Q4, as (growth) is mostly domestically driven."

On Wall Street, the Dow <.dji> and S&P 500 <.spx> had risen modestly on Friday after an unexpected fall in the U.S. jobless rate. S&P 500 futures were flat on Monday. <.n/>

MARKETS WATCH ITALY

In Europe, investors will be hoping the weakness in external demand evident in the Chinese export number is not a pointer for German trade data due later on Monday.

The euro slid in early trading towards a two-week low of $1.2876 plumbed on Friday, before popping back above $1.29. Investors had sold the euro after Germany's central bank on Friday warned that the euro zone's biggest economy could soon enter recession.

Italian Prime Minister Monti's surprise announcement at the weekend came a few days after former Prime Minister Silvio Berlusconi abruptly withdrew support for Monti's technocrat government, formed over a year ago in an effort to restore Italy's credibility with investors.

"If Monti's pro-euro stance is to back off, that should raise concerns about the euro," said Junya Tanase, chief currency strategist at JPMorgan Chase in Tokyo.

Italian bond yields will be closely watched on Monday. The 10-year yield, the main barometer of investor confidence, stood at 4.5 percent at the end of last week, 323 basis points higher than the yield on the lower risk German equivalent but well below the 7.3 percent peak hit last year, when the spread over German Bunds hit 550 points.

The U.S. dollar rose about 0.3 percent against a basket of major currencies <.dxy>.

Commodity markets were also generally firmer, with copper, which draws strength from expectations of Chinese industrial demand, rising 0.9 percent to around $8,105 a metric ton (1.1023 tons) and oil rising around 0.5 percent.

Brent crude traded around $107.60 a barrel and U.S. crude fetched about $86.40.

"Investors are slightly more optimistic about China's economic recovery than before and that is supportive for oil," said Ken Hasegawa, a commodity sales manager at Newedge Japan.

The easy outlook for monetary policy continued to support gold, with the U.S. Federal Reserve expected to signal this week it will continue to pump money into the economy in 2013. Also, there was talk of a possible rate cut next year by the European Central Bank.

Spot gold firmed 0.2 percent to around $1,707 an ounce.

(Additional reporting by Thuy Ong in Sydney and Manash Goswami in Singapore; Editing by Richard Borsuk)

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Egypt president scraps decree that sparked protests

CAIRO (Reuters) - Egyptian President Mohamed Mursi has cancelled a decree that gave him sweeping powers and sparked deadly violence, but did not delay this month's referendum on a new constitution as his opponents had demanded.

The announcement that Mursi had scrapped his November 22 decree followed hours of talks on Saturday at his presidential palace, billed as a "national dialogue" but which was boycotted by his main opponents and had little credibility among protesters.

One opposition group dismissed Mursi's efforts at appeasement as the "continuation of deception."

His opponents have demanded Mursi scrap the vote on December 15 on a constitution that was fast-tracked through an assembly led by Mursi's Muslim Brotherhood and other Islamists. Liberals and others had walked out, saying their voices were not being heard.

Islamists have insisted the referendum should go ahead on time, saying it is needed to complete a democratic transition still incomplete after Hosni Mubarak's overthrow 22 months ago.

The military, which had run the nation during a turbulent interim period after Mubarak fell, stepped into the crisis on Saturday to tell feuding factions that dialogue was essential to avoid "catastrophe." But a military source said that was not a prelude to the army retaking control of Egypt or the streets.

After Saturday's talks, the president issued a new decree in which the first article "cancels the constitutional declaration" announced on November 22, the spokesman for the dialogue, Mohamed Selim al-Awa, told a news conference held around midnight.

But he said the constitutional referendum would go ahead next Saturday, adding that although those at the meeting had discussed a postponement, there were legal obstacles to taking such a step.

The political turmoil has exposed deep rifts in the nation of 83 million between Islamists, who were suppressed for decades, and their rivals, who fear religious conservatives want to squeeze out other voices and restrict social freedoms. Many Egyptian just crave stability and economic recovery.

RESPONSE

Islamists and more liberal-minded opponents have both drawn tens of thousands of supporters to the streets in rival rallies since Mursi's decree last month. Seven people were killed in violence around the presidential palace, which has been ringed by tanks.

The spokesman for the main opposition coalition, the National Salvation Front, which stayed away from Saturday's talks, said his group would meet on Sunday to discuss a response to Mursi's initiative to cancel his old decree.

But Hussein Abdel Ghani added: "My first personal impression is that it is a limited and insufficient step. We repeatedly said that among our top demands is for the referendum to be delayed."

The April 6 movement, which helped galvanize street protests against Mubarak, said in a statement about the outcome of Saturday's talks, "What happened is manipulation and a continuation of deception in the name of law and legitimacy."

The new decree excluded some elements from the old decree that angered the opposition, including an article that gave Mursi broad powers to confront threats to the revolution or the nation, wording opponents said gave him arbitrary authority.

Another article in the old decree had put beyond legal challenge any decision taken by the president since he took office on June 30 and until a new parliament was elected, a step that can only happen when a new constitution is in place.

That was not repeated, but the new decree said that "constitutional declarations including this declaration" were beyond judicial review.

DIALOGUE

The new decree outlined steps for setting up an assembly to draft a new constitution should the current draft be rejected in Saturday's referendum.

In addition, the opposition was invited to offer suggested changes to the new constitution, echoing an earlier initiative by Mursi's administration for changes to be discussed and agreed on by political factions and put to the new parliament to approve.

Amid the violence and political bickering, the army has cast itself primarily as the neutral guarantor of the nation.

"The armed forces affirm that dialogue is the best and only way to reach consensus," the military statement said. "The opposite of that will bring us to a dark tunnel that will result in catastrophe and that is something we will not allow."

The army might be pushing the opposition to join the dialogue and for Mursi to do more to draw them in, said Hassan Abu Taleb of the Al Ahram Center for Political and Strategic Studies.

He discounted the chance of direct military intervention, adding, "They realize that interfering again in a situation of civil combat will squeeze them between two rocks."

But the military seemed poised to take a more active role in security arrangements for the upcoming referendum.

A Cabinet source said the Cabinet had discussed reviving the army's ability to make arrests if it were called upon to back up police, who are normally in charge of election security.

According to the state-run daily al-Ahram, an expanded military security role might extend to the next parliamentary election and, at the president's discretion, even beyond that.

(Additional reporting by Tamim Elyan; Editing by Peter Cooney)

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