Wednesday, August 31, 2016

Mixed Economic News

Over the weekend, the Tribune reported that the tourism industry in the state, while up, wasn't making up for lost oilfield income to the state.

This is no surprise.  Most tourism related jobs don't pay particularly well.  Tourism, of course, does spill over into retail, but there's a long ways to go before the loss in employment in the extractive industries is made up by tourism. Not that there isn't an avenue to explore maximizing that, which I don't think we've done so far.  Indeed, I think there's a lot that remains to be done in that field.

And perhaps it should be. The State is reporting that the economic downturn is slowing, or flattening. That doesn't mean that an oilfield and mining rebound is in the works, although its certain that some will instantly interpret it that way.  No, rather, what that means is that we've potentially hit bottom and, at the same time, the price of oil seems to be stabilizing. That's far from the rapid recovery people were wishing for, but those wishes were never realistic to start with.

Added to this, Governor Mead has reported that the state will not be making more layoffs. That's certainly good news for the state as the role of the State government in keeping employment rolling is an under reported, maybe even missed, story.  A warning, however, went out to the legislature, which has strong anti Keynesian tendencies, not to cut more as that would reverse this.

So perhaps some stability is entering the picture for awhile.  And if that's the case, it might be a good thing to do some planning around this economy, rather than a boom one.

Strikes Threaten World Series

Eee gads!

From Reddit's 100 Years Ago today, more grim news from the New York Times.  Railroad strikes threaten the World Series.

Guardsmen recalled from border due to looming transportation strikes.

Another item, this one from the New York Times, that comes to us by way of Reddit's 100 Years Ago Today.  15,000 Guardsmen redeployed by Woodrow Wilson due to looming railroad strikes.

Not all well in the New Jersey National Guard, August 31, 1916

From Reddit's 100 Years Ago Today subreddit, a story in the Bisbee paper about a "near mutiny" sparked by an unpopular lieutenant.

Floatplane on the Hudson, August 31, 1916

Floatplane of Beryl H. Kendrick arrives at the New York Flying Yacht Club on the Hudson River, August 31, 1916.

Interesting to see this sporting plane at a time at which we tend to think of the advancement of warplanes.

Excavation Work: September 2, 1916 Washington

LOC Title:  Photographic copy of photograph, photographer unknown, 2 September 1916 (original print located at U.S. Bureau of Reclamation Upper Columbia Area Office, Yakima, Washington). "Excavation of channel below conduit. Stilling basin site." - Keechelus Dam, Outlet Channel, Yakim River, 10 miles northwest of Easton, Easton, Kittitas County, WA

Mid Week at Work: Piling logs with a Washington Donkey

LOC Title:  Photographic copy of photograph, photographer unknown, 5 September 1916 (original print located at U.S. Bureau of Reclamation Upper Columbia Area Office, Yakima, Washington). "Piling logs with Washington donkey." - Keechelus Dam, Yakima River, 10 miles northwest of Easton, Easton, Kittitas County, WA

Today In Wyoming's History: August 31

Today In Wyoming's History: August 31: 1916  John S. Wold, Wyoming's Congressman from 1969 to 1971, and a well known Wyoming oil man, was born in East Orange, New Jersey.

He was the first professional geologist to be elected to Congress.  He served a single term as he went on to run against incumbent Senator Gale McGee and lost that election.  He is still living at the time of this post.

Tuesday, August 30, 2016

Ottoman Empire Declares War on Romania

And, following a series of other such events, the Ottoman Empire declared war on Romania.

This may not be as surprising event as the oddity of it would suggest. Romania had been part of the Ottoman Empire until 1878, when it gained independence from it during the Russo-Turkish War.  It had as sort of quasi independence prior to that since 1859, so it had a parliament within the Ottoman Empire and its own army, but had to pay tribute to Constantinople.

Freight Station, Erie Pennsylvania, August 30, 1916

Library of Congress Caption:  Photo of freight station, taken on August 30, 1916. (photocopy) - Erie Railway, Union City Freight Station, Concord & Lincoln Streets, Union City, Erie County, PA

Today In Wyoming's History: August 30

Today In Wyoming's History: August 30: 1916. A horse and rider were killed near Medicine Bow by lightening.  Attribution:  Wyoming State Historical Society.

I personally knew some kids when I was growing up whose father died in the exact same manner and indeed, I'm familiar with a horse that was similarly killed.

Monday, August 29, 2016

The Jones Law, the Philippine Autonomy Act, becomes law.

Sponsored by Congressman William Jones, the act replaced the prior governing act for the Philippines.  Among other things, it created an all Fillppino legislature to govern the islands. 

It stated:

Whereas it was never the intention of the people of United States in the incipiency of the war withSpainto make it a war of conquest or for territorial aggrandizement; and
Whereas it is, as it has always been, the purpose of the people of the United States to withdraw their sovereignty over Philippine Islands and to recognize their independence as soon as a stable government can be established therein; and
Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them without, in the meantime, impairing the exercise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence: Therefore
Section 1.―The Philippines
Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the provisions of this Act and the name “The Philippines” as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred.
Section 2.―Philippine Citizenship and Naturalization
That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country:Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.
Section 3.―Bill of Rights
(a) Due process and eminent domain.―That no law shall be enacted in said Islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation.
(b) Rights of persons accused of crime.―That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.
That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.
(c) Obligation of contracts.―That no law impairing the obligation of contracts shall be enacted.
(d) Imprisonment for debt.―That no person shall be imprisoned for debt.
(e) Suspension of habeas corpus.―That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which event the same may be suspended by the President, or by the Governor-General, wherever during such period the necessity for such suspension shall exist.
(f) Ex post facto laws, primogeniture, titles of nobility.―That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.
That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said Islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign state
(g) Bail and punishment.―That excessive bail shall not required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
(h) Unreasonable searches.―That the right to be secured against unreasonable searches and seizures shall not be violated.
(i) Slavery.―That slavery shall not exist in saidIslands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted.
(j) Freedom of speech.―That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress grievances.
(k) Freedom of religion.―That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed; and no religious test shall be required for the exercise of civil or political rights. No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.
(l) Poligamy.―Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall be construed to permit polygamous or plural marriages.
(m) How public funds to be spent.―That no money shall be paid out of the treasury except in pursuance of an appropriation by law.
(n) Uniform tax.―That the rule of taxation in saidIslands shall be uniform.
(o) Subject and title of bills.―That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.
(p) Warrants of arrest.―That no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized
(q) Special funds.―That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only.
Section 4.―Expenses of Government
That all expenses that may be incurred on account of the Government of the Philippines for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the Islands, not, however, including defenses, barracks, and other works undertaken by the United States, shall except as otherwise specifically provided by the Congress, be paid by the Government of the Philippines.
Section 5.―Inapplicability of American Statutes
That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands, except when specifically so provided, or it is so provided in this Act.
Section 6.―Continuance of Philippine Laws
That the laws now in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by act of Congress of the United States.
Section 7.―Legislative Power to Change Laws
That the legislative authority herein provided shall have power, when not inconsistent with this act, by due enactment to amend, alter, modify, or repeal any law, civil or criminal continued in force by this Act as it may from time to time see fit.
This power shall specifically extend with the limitation herein provided as to the tariff to all laws relating to revenue and taxation in effect in the Philippines.
Section 8.―General Legislative Power
That general legislative power, except as otherwise herein provided, is hereby granted to the Philippine legislature, authorized by this Act.
Section 9.―Public Property and Legislation on Public Domain, Timber and Mining
That all the property and rights which may have been acquired in the Philippine Islands by the United States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such land or other property as has been or shall be designated by the President of the United States for military and other reservations of the Government of the United States, and all lands which may have been subsequently acquired by the Government of the Philippine Islands by purchase under the provisions of sections sixty-three and sixty-four of the Act of Congress approved July first, nineteen hundred and two, except such as may have heretofore been sold and disposed of in accordance with the provisions of said act of Congress, are hereby placed under the control of the government of said Islands to be administered or disposed of for the benefit of the inhabitants thereof, and the Philippine Legislature shall have power to legislate with respect to all such matters as it may deem advisable; but acts of the Philippine Legislature with reference to land of the public domain, timber, and mining hereafter enacted, shall not have the force of law until approved by the President of the United States: Provided, That upon the approval of such an act by the Governor-General, it shall be by him forthwith transmitted to the President of the United States, and he shall approve or disapprove the same within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved: Provided, further, That where lands in the Philippine Islands have been or may be reserved for any public purpose of the United States, and, being no longer required for the purpose for which reserved, have been or may be, by order of the President, placed under the control of the government of said Islands to be administered for the benefit of the inhabitants thereof, the order of the President shall be regarded as effectual to give the government of said Islands full control and power to administer and dispose of such lands for the benefit of the inhabitants of said Islands.
Section 10.―Laws on Tariff, Immigration and Coinage
That while this Act provides that the Philippine Government shall have the authority to enact a tariff law the trade relations between the Islands and the United States shall continue to be governed exclusively by laws of the Congress of the United States: Provided, That tariff acts or acts amendatory to the tariff of the Philippine Islands shall not become law until they shall receive the approval of the President of the United States, nor shall any act of the Philippine Legislature affecting immigration or the currency or coinage laws of the Philippines become a law until it has been approved by the President of the United States: Provided, further, That the President shall approve or disapprove any act mentioned in the foregoing proviso within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved.
Section 11.―Taxes and Public Debts
That no export duties shall be levied or collected on, exports from the Philippine Islands, but taxes and assessments on property, and license fees for franchises and privileges, and internal taxes, direct or indirect, may be imposed for the purposes of the Philippine Government and the provincial and municipal governments thereof, respectively, as may be provided and defined by acts of the Philippine Legislature, and, where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the Philippine Government or any provincial or municipal government therein, as may be provided by law and to protect the public credit: Provided, however, That the entire indebtedness of the Philippine Government created by the authority conferred therein shall not exceed at any one time the sum of $15,000,000, exclusive of those obligations known as friar land bonds, nor that of any province or municipality a sum in excess of seven per centum of the aggregate tax valuation of its property at any one time.
Section 12.―The Philippine Legislature
That general legislative powers in the Philippines, except as herein otherwise provided, shall be vested in a Legislature which shall consist of two houses, one the Senate and the other the House of Representatives, and the two houses shall be designated “the Philippine Legislature”: Provided, That until the Philippine Legislature as herein provided shall have been organized the existing Philippine Legislature shall have all legislative authority herein granted to the Government of the Philippine Islands, except such as may now be within the exclusive jurisdiction of the Philippine Commission, which is so continued until the organization of the Legislature herein provided for the Philippines. When the Philippine Legislature shall have been organized, the exclusive legislative jurisdiction and authority exercised by the Philippine Commission shall thereafter be exercised by the Philippine Legislature.
Section 13.―Election and Qualification of Senators
That the members of the Senate of the Philippines, except as herein provided, shall be elected for terms of six and three years, as hereinafter provided, by the qualified electors of the Philippines. Each of the senatorial districts defined as hereinafter provided shall have the right to elect two senators. No person shall be an elective member of the Senate of the Philippines who is not a qualified elector and over thirty years of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of the Philippines for at least two consecutive years and an actual resident of the senatorial district from which chosen for a period of at least one year immediately prior to his election.
Section 14.―Election and Qualifications of Representatives
That the members of the House of Representatives shall, except as herein provided, be elected triennially by the qualified electors of the Philippines. Each of the representative districts hereinafter provided for shall have the right to elect one representative. No person shall be an elective member of the House of Representatives who is not a qualified elector and over twenty-five years of age, and who is not able to read and write either the Spanish or English language, and who has not been an actual resident of the district from which elected for at least one year immediately prior to his election: Provided,That the members of the present Assembly elected on the first Tuesday in June, nineteen hundred and sixteen, shall be the members of the House of Representatives from their respective districts for the term expiring in nineteen hundred and nineteen.
Section 15.―Qualifications of Voters
That at the first election held pursuant to this Act, the qualified electors shall be those having the qualifications of voters under the present law; thereafter and until otherwise provided by the Philippine Legislature herein provided for the qualifications of voters for senators and representatives in the Philippines and all officers elected by the people shall be as follows:
Every male person who is not a citizen or subject of a foreign power twenty-one years of age or over (except insane and feeble-minded persons and those convicted in a court of competent jurisdiction of an infamous offense since the thirteenth day of August, eighteen hundred and ninety-eight) who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting, and who is comprised within one of the following classes:
(a) Those who under existing law are legal voters and have exercised the right of suffrage.
(b) Those who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the established taxes.
(c) Those who are able to read and write either Spanish, English, or a native language.
Section 16.―Senate and Representative Districts, and Appointive Senators and Representatives
That the Philippine Islands shall be divided into twelve senate districts, as follows:
First district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.
Second district: La Union, Pangasinan, and Zambales.
Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.
Fourth district: Bataan, Rizal, Manila, and Laguna.
Fifth district: Batangas, Mindoro, Tayabas, and Cavite.
Sixth district: Sorsogon, Albay, and Ambos Camarines.
Seventh district: Iloilo and Capiz.
Eight district: Negros Occidental, Negros Oriental, Antique, and Palawan.
Ninth district: Leyte and Samar.
Tenth district: Cebu.
Eleventh district: Surigao, Misamis, and Bohol.
Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Department of Mindanao and Sulu.
The representative districts shall be the eighty-one now provided by law, and three in the Mountain Province, one in Nueva Vizcaya, and five in the Department of Mindanao and Sulu.
The first election under the provisions of this Act shall be held on the first Tuesday of October, nineteen hundred and sixteen, unless the Governor-General in his discretion shall fix another date not earlier than thirty nor later than sixty days after the passage of this Act: Provided, That the Governor-General’s proclamation shall be published at least thirty days prior to the date fixed for the election, and there shall be chosen at such election one senator from each senate district for a term of three years and one for six years. Thereafter one senator from each district shall be elected from each senate district for a term of six years: Provided, That the Governor-General of the Philippine Islands shall appoint, without the consent of the Senate and without restriction as to residence, senators and representatives who will, in his opinion, best represent the senate district and those representative districts which may be included in the territory not now represented in the Philippine Assembly: Provided further, That thereafter elections shall be held only on such days and under such regulations as to ballots, voting, and qualifications of electors as may be prescribed by the Philippine Legislature, to which is hereby given authority to redistrict the Philippine Islands and modify, amend, or repeal any provision of this section, except such as refer to appointive senators and representatives.
Section 17.―Tenure of Senators and Representatives
That the terms of office of elective senators and representatives shall be six and three years, respectively, and shall begin on the date of their election. In case of vacancy among the elective members of the Senate or in the House of Representatives, special elections may be held in the districts wherein such vacancy occurred under such regulations as may be prescribed by law, but senators or representatives elected in such cases shall hold office only for the unexpired portion of the term wherein the vacancy occurred. Senators and representatives appointed by the Governor-General shall hold office until removed by the Governor-General.
Section 18.―Organization of the Legislature and Privileges of Members
(a) Control of each house over its members and proceedings.―That the Senate and House of Representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their elective members, and each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel an elective member.
(b) Organization, quorum, and sessions.―Both houses shall convene at the capital on the sixteenth day of October next following the election and organize by the election of a speaker or a presiding officer, a clerk, and a sergeant-at-arms for each house, and such other officers and assistants as may be required. A majority of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The Legislature shall hold annual sessions, commencing on the sixteenth day of October, or, if the sixteenth day of October be a legal holiday, then on the first day following which is not a legal holiday, in each year. The Legislature may be called in special session at any time by the Governor-General for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days, and no regular shall continue longer than one hundred days, exclusive of Sundays.
The Legislature is hereby given the power and authority to change the date of the commencement of its annual sessions.2
(c) Compensation and privileges of members.―The senators and representatives shall receive an annual compensation for their services, to be ascertained by law, and paid out of the treasury of the Philippine Islands. The senators and representatives shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.
(d) Disqualifications of members.―No senator or representative shall, during the time for which he may have been elected, be eligible to any office the election to which is vested in the Legislature, nor shall be appointed to any office of trust or profit which shall have been created or the emoluments of which shall have been increased during such term.
Section 19. ― Procedure for Law-Making
(a) Legislative journal and the veto power.―That each house of the Legislature shall keep a journal of its proceedings and, from time to time, publish the same; and the yeas and nays of the members of either house, on any question, shall, upon demand of one-fifth of those present, be entered on the journal, and every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be presented to the Governor-General. If he approve the same, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, which shall enter the objections at large on its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members elected to that house it shall be sent to the Governor-General, who, in case he shall then not approve, shall transmit the same to the President of the United States. The vote of each house shall be by the yeas and nays, and the names of the members voting for and against shall be entered on the journal. If the President of the United States approve the same, he shall sign it and it shall become a law. If he shall not approve the same, he shall return it to the Governor-General, so stating, and it shall not become a law:Provided, That if any bill or joint resolution shall not be returned by the Governor-General as herein provided within twenty days (Sundays excepted) after it shall have been presented to him the same shall become a law in like manner as if he had signed it, unless the Legislature by adjournment prevent its return, in which case it shall become a law unless vetoed by the Governor-General within thirty days after adjournment: Provided, further, That the President of the United States shall approve or disapprove an act submitted to him under the provisions of this section within six months from and after its enactment and submission for its approval; and if not approved within such time, it shall become a law the same as if it had been specifically approved.
(b) The veto on appropriations.―The Governor-General shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to bills and joint resolutions returned to the Legislature without his approval.
(c) Report of laws to Congress.―All laws enacted by the Philippine Legislature shall be reported to the Congress of the United States, which hereby reserves the power and authority to annul the same.
(d) Revisal of former appropriations.―If at the termination of any fiscal year the appropriations necessary for the support of Government for the ensuing fiscal year shall not have been made, the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be done, shall be deemed to be reappropriated for the several objects and purposes specified in said last appropriation bill; and until the Legislature shall act in such behalf the treasurer shall, when so directed by the Governor-General, make the payments necessary for the purposes aforesaid.
Section 20.―The Resident Commissioners
(a) Selection and tenure.―That at the first meeting of the Philippine Legislature created by this Act and triennially thereafter there shall be chosen by the Legislature two Resident Commissioners to the United States, who shall hold their office for a term of three years beginning with the fourth day of March following their election, and who shall be entitled to an official recognition as such by all Departments upon presentation to the President of a certificate of election by the Governor-General of said Islands.
(b) Compensation.―Each of said Resident Commissioners shall, in addition to the salary and the sum in lieu of mileage now allowed by law, be allowed the same sum for stationery and for the pay of necessary clerk hires as is now allowed to the members of the House of Representatives of the United States, to be paid out of the Treasury of the United States, and the franking privilege allowed by law to members of Congress.
(c) Qualifications.―No person shall be eligible to election as Resident Commissioner who is not a bona fide elector of said Islands and who does not owe allegiance to the United States and who is not more than thirty years of age and who does not read and write the English language. The present two Resident Commissioners shall hold office until the fourth of March, nineteen hundred and seventeen.
(d) Temporary vacancy.―In case of vacancy in the position of Resident Commissioner caused by resignation or otherwise, the Governor-General may make temporary appointments until the next meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident Commissioner thus elected shall hold office only for the unexpired portion of the term wherein the vacancy occurred.
Section 21.―The Governor-General
(a) Title, appointment, residence.―That the supreme executive power shall be vested in an executive officer, whose official title shall be “The Governor-General of the Philippine Islands.” He shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and hold his office at the pleasure of the President and until his successor is chosen and qualified. The Governor-General shall reside in the Philippine Islands during his official incumbency, and maintain his office at the seat of Government.
(b) Powers and duties.―He shall, unless otherwise herein provided, appoint, by and with the consent of the Philippine Senate, such officers as may now be appointed by the Governor-General, or such as he is authorized by this Act to appoint, or whom may hereafter be authorized by law to appoint; but appointments made while the Senate is not in session shall be effective either until disapproval or until the next adjournment of the Senate. He shall have general supervision and control of all of the departments and bureaus of the Government in the Philippine Islands as far as is not inconsistent with the provisions of this Act, and shall be commander in chief of all locally created armed forces and militia. He is hereby vested with the exclusive power to grant pardons and reprieves and remit fines and forfeitures, and may veto any legislation enacted as herein provided. He shall submit within ten days of the opening of each regular session of the Philippine Legislature a budget of receipts and expenditures, which shall be the basis of the annual appropriation bill. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Philippine Islands of the United States operative within the Philippine Islands, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Islands, or summon the posse comitatus, or call out the militia or other locally created armed forces, to prevent or suppress lawless violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privileges of the writ of habeas corpus, or place the Islands, or any part thereof, under martial law:Provided, That whenever the Governor-General shall exercise his authority, he shall at once notify the President of the United States thereof, together with the attending facts and circumstances and the President shall have power to modify or vacate the act of the Governor-General.
(c) Report of the Governor-General.―He shall annually and at such other times as he may be required make such official report of the transactions of the Government of the Philippine Islands to an executive department of the United States to be designated by the President, and his said annual report shall be transmitted to the Congress of the United States; and he shall perform such additional duties and functions as may in pursuance of the law be delegated or assigned to him by the President.
Section 22.―The Executive Departments and the Legislature
(a) Temporary continuance of executive heads.―That, except as provided otherwise in this Act, the executive departments of the Philippine Government shall continue as now authorized by law until otherwise provided by the Philippine Legislature. When the Philippine Legislature herein provided shall convene and organize, the Philippine Commission, as such, shall cease and determine, and the members thereof shall vacate their offices as members of said Commission: Provided, That the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified.
(b) Legislative powers over the departments, and limitations of such.―The Philippine Legislature may thereafter by appropriate legislation increase the number or abolish any of the executive departments, or make such changes in the names and duties thereof as it may see fit, and shall provide for the appointment and removal of the heads of the executive departments by the Governor-General: Provided, That all executive functions of the Government must be directly under the Governor-General or within one of the executive departments under the supervision and control of the Governor-General
(c) Provisions for a bureau for non-Christians.―There is hereby established a bureau, to be known as the Bureau of Non-Christian Tribes, which said bureau shall be embraced in one of the executive departments to be designated by the Governor-General, and shall have general supervision over the public affairs of the inhabitants of the territory represented in the Legislature by appointive senators and representatives.
Section 23.―The Vice-Governor
(a) Appointment and powers; Bureaus of Education and Health.―That there shall be appointed by the President, by and with the advice and consent of the Senate of the United States, a Vice-Governor of the Philippine Islands, who shall have all the powers of the Governor-General in the case in the of a vacancy or temporary removal, resignation, or disability of the Governor-General, or in case of his temporary absence; and the said Vice-Governor shall be the head of the executive department, known as the Department of Public Instruction, which shall include the Bureau of Education and the Bureau of Health, and he may be assigned such other executive duties as the Governor-General may designate.
(b) Bureaus under the Department of the Interior.―Other bureaus now included in the Department of Public Instruction shall, until otherwise provided by the Philippine Legislature, be included in the Department of the Interior.
(c) Succession to the office of Governor-General.―The President may designate the head of an executive department of the Philippine government to act as Governor-General in the case of a vacancy, the temporary removal, resignation, or disability of the Governor-General and the Vice-Governor, or their temporary absence, and the head of the department thus designated shall exercise all the powers and perform all the duties of the Governor-General during such vacancy, disability, or absence.
Section 24.―The Insular Auditor
(a) Appointment, powers, duties.―That there shall be appointed by the President an Auditor, who shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the Philippine Government and of the provincial and municipal governments of the Philippines, including trust funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or Property pertaining to or held in trust by the Government or the Provinces or municipalities thereof. He shall perform a like duty with respect to all Government branches.
He shall keep the general accounts of the Government and preserve the vouchers pertaining thereto.
It shall be the duty of the Auditor to bring to the attention of the proper administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or extravagant.
(b) Deputy Auditor and Assistant.―There shall be a Deputy Auditor appointed in the same manner as the Auditor. The Deputy Auditor shall sign such official papers as the Auditor may designate and perform such other duties as the Auditor may prescribe, and in case of the death, resignation, sickness, or other absence of the Auditor from his office, from any cause, the Deputy Auditor shall have charge of such office. In case of the absence from duty, from any cause, of both the Auditor and the Deputy Auditor, the Governor-General may designate an assistant, who shall have charge of the office.
(c) Jurisdiction of Auditor.―The administrative jurisdiction of the Auditor over accounts, whether of funds or property, and all vouchers and records pertaining thereto, shall be exclusive. With the approval of the Governor-General he shall from time to time make and promulgate general or special rules and regulations not inconsistent with law covering the method of accounting for public funds and property, and funds and property held in trust by the Government or any of its branches:Provided, That any officer accountable for public funds or property may require such additional reports or returns from his subordinates or others as he may deem necessary for his own information and protection.
(d) Decisions of Auditor.―The decisions of the Auditor shall be final and conclusive upon the executive branches of the Government, except that appeal therefrom may be taken by the party aggrieved or the head of the department concerned within one year, in the manner hereinafter prescribed. The Auditor shall, except as hereinafter provided, have like authority as that conferred by law upon the several auditors of the United States and the Comptroller of the United States Treasury and is authorized to communicate directly with any persons having claims before him for settlement, or with any department, officer, or person having official relations with his office.
(e) Financial reports.―As soon after the close of each fiscal year as the accounts of said year may be examined and adjusted the auditor shall submit to the Governor-General and the Secretary of War an annual report of the fiscal concerns of the Government, showing the receipts and disbursements of the various departments and bureaus of the Government and of the various provinces and municipalities, and make such other reports as may be required of him by the Governor-General or the Secretary of War.
(f) Right of investigation.―In the execution of their duties the Auditor and the Deputy Auditor are authorized to summon witnesses, administer oaths, and to take evidence, and, in the pursuance of these provisions, may issue subpoenas and enforce the attendance of witnesses, as now provided by law.
(g) Supervision.―The office of the Auditor shall be under the general supervision of the Governor-General and shall consist of the Auditor and Deputy Auditor and such necessary assistants as may be prescribed by law.
Section 25.―Appeal from Auditor’s Decision
(a) Time and form, of appeal.―That any person aggrieved by the action or decision of the Auditor in the settlement of his account or claim may, within one year, take an appeal in writing to the Governor-General, which appeal shall specifically set forth the particular action of the Auditor to which exception is taken with the reason and authorities relied on for reversing such decision.
(b) Final decision.―If the Governor-General shall confirm the action of the Auditor, he shall so indorse the appeal and transmit it to the Auditor, and the action shall thereupon be final and conclusive. Should the Governor-General fail to sustain the action of the Auditor, he shall forthwith transmit his grounds of disapproval to the Secretary of War, together with the appeal and the papers necessary to a proper understanding of the matter. The decision of the Secretary of War in such case shall be final and conclusive.
Section 26.―The Judiciary
(a) Jurisdiction of courts and appointment of judges.―That the Supreme Court and the Courts of First Instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by law. The municipal courts of said Islands shall possess and exercise jurisdiction as now provided by law, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justices of the supreme court shall hereafter be appointed by the President, by and with the advice and consent of the Senate of the United States. The judges of the court of first instance shall be appointed by the Governor-General, by and with the advice and consent of the Philippine Senate: Provided, That the admiralty jurisdiction of the supreme court and courts of first instance shall not be changed except by act of Congress. That in all cases pending under the operation of existing laws, both criminal and civil, the jurisdiction shall continue until final judgment and determination.
Section 27.―Cases Appealable to the United States Supreme Court
That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right or privilege of the United States is involved, or in causes in which the value in controversy exceeds $25,000, or in which the title or possession of real estate exceeding in value the sum of $25,000, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, modified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved within the same time, in the same manner, under the same regulation, and by the same procedure, as far as applicable, as the final judgments and decrees of the district courts of the United States.3
Section 28.―Franchises
(a) Scope of franchises and power to change them.―That the Government of the Philippine Islands may grant franchises and rights, including the authority to exercise the right of eminent domain, for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways, squares, and reservations, and over similar property of the Government of said Islands, and may adopt rules and regulations under which the provincial and municipal governments of the Islands may grant the right to use and occupy such public property belonging to said provinces or municipalities:Provided, That no private property shall be damaged or taken for any purpose under this section without just compensation, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and that lands or right of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and rights under which they were granted or upon the revocation or repeal.
(b) Conditions on grant of franchise, and revocation.―That all franchises or rights granted under this Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair valuation equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public service corporations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation of the books and accounts of such corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the province or municipality within which such franchises are granted and exercised:Provided, further, That it shall be unlawful for any corporation organized under this Act, or for any person, company, or corporation receiving any grant, franchise, or concession from the Government of said Islands, to use, employ, or contract for the labor of persons held in involuntary servitude; and any person, company, or corporation so violating the provisions of this Act shall forfeit all charters, grants, or franchises for doing business in said Islands, in an action or proceeding brought for that purpose in any court of competent jurisdiction by any officer of the Philippine Government, or on the complaint of any citizen of the Philippines, under such regulations and rules as the Philippine Legislature shall prescribe, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not more than $10,000.
Section 29.―Salaries
(a) Funds for salaries.―That, except as in this Act otherwise provided, the salaries of all the officials of the Philippines not appointed by the President, including deputies, assistants, and other employees, shall be such and be so paid out of the revenues of the Philippines as shall from time to time be determined by the Philippine Legislature; and if the Legislature shall fail to make an appropriation for such salaries, the salaries so fixed shall be paid without the necessity of further appropriations therefor. The salaries of all officers and all expenses of the offices of the various officials of the Philippines appointed as herein provided by the President shall also be paid out of the revenues of the Philippines
(b) Salaries of certain officers.―The annual salaries of the following-named officials appointed by the President and so to be paid shall be: The Governor-General, $18,000; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of the Philippines, with the furniture and effects therein, free of rental; Vice-Governor, $10,000; Chief Justice of the Supreme Court, $8,000; Associate Justice of the Supreme Court, $7,500 each; Auditor, $6,000; Deputy Auditor, $3,000.
Section 30.―Salaries of Municipal and Provincial Officers
That the provisions of the foregoing section shall not apply to provincial and municipal officials; their salaries and the compensation of their deputies, assistants, and other help, as well as all other expenses insured by the provinces and municipalities, shall be paid out of the provincial and municipal revenues in such manner as the Philippine Legislature shall provide.
Section 31.―Continuance of Laws
That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect.
Approved, August 29, 1916.

Monday at the Bar: Courthouses of the West: Johnson County Justice Center, Buffalo Wyoming

Courthouses of the West: Johnson County Justice Center, Buffalo Wyoming:

This is the Johnson County Justice Center in Buffalo Wyoming. This structure replaced the old Johnson County Courthouse that was in use up until recently.

I'm sure it was needed, but the old building had more charm.

Saturday, August 27, 2016

Regular Car Reviews: 1998 Jeep Wrangler TJ

 Another one that's funny.  We have a 97 TJ. . . its even that color.

Regular Car Reviews: 1997 Dodge Ram 1500

We have on one these (a 1997), and even thought I don't agree with all of his conclusions (the Chevrolet better. . . I don't think so), it is funny.

The Best Posts of the Week for the Week of August 21, 2016

The perfect storm


Maybe what we listen to and watch tells us more than we think.

Recently somebody pointed out a popular pop song to me.

So what, you may ask.

Particularly as I'm not interested in the music of the chanteuse in question. . . at all.

But what I am interested in are old blues songs and related items. And this particular song features a sample of one of the various Alan Lomax recordings of Rosie.

Now, Rosie was a call and response prisoner work gang song.  Lomax recorded it at Parchman Farm in 1947 and 1948.  It's lyrics are:
Be my woman gal I'll
Be your Man 

Be my woman gal I'll
Be your Man

Be my woman gal I'll
Be your Man

Everydays Sunday dollar in your hand
In your hand lordy, in your hand

Stick to the promise girl that
You made me (x3)
Won't got married til' uh
I go free
I go free lordy, I go free
Won't got married til' uh
I go free
Whoa Rosie, hold on gal
When She walks she reel and
Rocks behind 


Aint that enough to worry,
convicts mind

Whoa Rosie, hold on gal 

Well, so what you may ask.  Does that mean something?

I think so.

Indeed, let's take the lyrics of the song in question out a bit further, noting that they were written by somebody, who obviously has a knowledge of the legendary Lomax recordings.
Be my woman, girl, I'll be your man
Be my woman, girl, I'll be your man

Yes I'll be your woman
Yes I'll be your baby
Yes I'll be whatever that you tell me when you're ready
Yes I'll be your girl, forever your lady
You ain't ever gotta worry, I'm down for you, baby

Best believe that, when you need that
I'll provide that, you will always have it
I'll be on deck, keep it in check
When you need that, I'm a let you have it

Beating my drum like dum di di day
I like the dirty rhythm you play
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama
Banging the drum like dum di di day
I know you want it in the worst way
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama

Be my woman, girl, I'll be your man
Be my woman, girl, I'll be your man

Yes I do the cooking
Yes I do the cleaning
Plus I keep the na-na real sweet for your eating
Yes you be the boss and yes I be respecting
Whatever that you tell me cause it's game you be spitting

Best believe that, when you need that
I'll provide that, you will always have it
I'll be on deck, keep it in check
When you need that, I'm a let you have it

Beating my drum like dum di di day
I like the dirty rhythm you play
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama
Banging the drum like dum di di day
I know you want it in the worst way
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama
Be my woman, girl, I'll be your man
Be my woman, girl, I'll be your man
Whole crew got the juice
Your dick came the truth
My screams is the proof
Them other dudes get the deuce
When I speed in the coupe
Leavin' this interview
It ain't nothing new
I been fucking with you
None of them bitches ain't taking you
Just tell 'em to make a U
That's how it be
I come first like debut
So, baby, when you need that
Gimme the word, I'm no good
I'll be bad for my baby
(So I) make sure that he's getting his share
(So I) make sure that his baby take care
(So I) make sure I'm on my toes, on my knees
Keep him pleased, rub him down
Be a lady and a freak
Beating my drum like dum di di day
I like the dirty rhythm you play
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama
Banging the drum like dum di di day
I know you want it in the worst way
I wanna hear you callin' my name
Like, hey ma ma, mama, hey ma, mama
Be my woman, girl, I'll be your man
Be my woman, girl, I'll be your man
Okay, so what you may ask again.

Well, there's something very interesting going on in this. Let's start with a notable fact, that being that the Lomax sample was recorded in 1948, the concluding era of the Jim Crow South and also the concluding era of the penal chain gang.  Yes, chain gangs would live onto the 1960s, but they were on their way out at the time these recordings were made, whether or not anyone realized that.

But at the same time these 1948 recordings on Parchman Farm reflected a culture that was decades older. By 1948, if we were in urban Chicago, we might hear the electric guitar of Elmore James belting out a type of music that would recall ZZ Top to many modern listeners now.  But here on Parchman Farm, an old style of call and response black music was living on, recalling an era that stretched back into the 19th Century. A primitive form of music related to the blues, gospel, and even the Army's then new Jody Call.

The rest of this song however, is new, from the second decade of the 21st Century.

And yet they work well together.

And they're on the same topic.

And that's what's remarkable.

A song reflecting a highly traditional concept of the relationship between men and women, which appeals mostly to the young, sung in part by men who had other concept other than the traditional one.

That tells us something.

Romania enters World War One: August 27, 1916

Romania entered the Great War on the side of the Allies, a move that would be very costly for it.

Friday, August 26, 2016

Movies In History: Foyles War

This excellent British television series premiered in 2002 and concluded just last year in 2015.  It's available in the United States via NetFlix, and its very worth watching.

Foyle's War follows British police Detective Chief Superintendent Christopher Foyle, played superbly by Michael Kitchen, from 1940 into the immediate post World War Two period.  While its one single series, the series might be regarded as being divided into two halves, one dealing with wartime Britain and the second half dealing with the post war period.

The series starts off immediately after the evacuation of Dunkirk and finds Foyle working as the DCS in Hasting, a town that's obviously quite familiar to students of history.  Foyle seeks to obtain a place in the war effort and we learn that he served as an officer during World War One. For various reasons he isn't able to obtain the position and he's therefore stuck in his position in Hastings.  Early on we are introduced to certain other principal characters, including Samantha Stewart (Honeysuckle Weeks) who is assigned to be Foyle's driver from the British Motor Transport Corp. 

The World War Two years go along in a sort of real time, in that each season is a single year in the war.  Each episode (they are about 1.5 hours long) involves more than one crime and also deals with various aspect of wartime Britain, all in a highly entertaining and engaging manner.  The crime plots are quite involved in the best British style and are often quite difficult to predict a resolution to.  Often more than one crime plot is resolved in an episode.  The explorations of various topics and features of wartime Britain are excellently done.  Because each season takes place in a different year of the war, things evolve in a sort of real time that's appreciable, and the conditions that exist in each year of the wartime episodes vary a bit from the prior episodes, just as they would in real life.

Also, particularly like real life, the series is highly unusual, at least for an American audience, in that it introduces characters that are significant but, in some instances, they disappear for long periods of time or entirely based upon what is occurring in the show.  This might be frustrating to some viewers, but it is actually very reflective of real life in which life's events remove significant people from each other lives, an event that is exaggerated in wartime conditions.  This contrasts, for example, remarkably with American shows like, for example, M*A*S*H which featured the same characters year after year, removing them only occasionally, something that definitely doesn't reflect wartime conditions. This can occasionally be a bit shocking or disappointing in the show, but it makes Foyle's War that much more realistic.

The war years are also subject, and it seems realistically, to a sense that everything is changing for the UK, which makes the series a bit bittersweet.  It is not done heavyhandedly, but you can see the Britain the characters live in is passing away, which it actually was.  If the characters seem cognizant of that slightly, the  British at the time did as well.  As this is a British series, there's a sense that the British are looking back a bit at themselves at a time at which perhaps they were happier with themselves as a people, even if the war itself was horrible.

The second half of the series, as noted, involves immediate post war Britain.  Production values actually changed a bit for the second half, although they were always high, and the second half is filmed with a bit more of a rapid pacing, more typical of American productions, compared to the first half of the series.  The second half starts with Foyle out of the police force and investigating, unofficially, a crime prior to going to the United States to resolve an unresolved matter that comes up during a prior wartime episode.  That episode is a bit of a bridge to the second half, which really commences when Foyle returns and is invited into MI5 by Hilda Pierce, a character who showed up from time to time in the wartime episodes.  The show then shifts to investigations that involve matters being resolved in early postwar Britain and often involve plots concerning the early Cold War.

The shift in Foyle's role in the second half of the series somewhat suggests that the producers weren't quite prepared for the series to last as long as it did or perhaps they would have doubled the episodes for each war year.  Indeed, the series was indeed cancelled in its third year in, making for a short season for 1943, but as it was hugely popular it was brought back the following year.  Nonetheless the series was still excellent in the second half  Indeed, in the second half, for students of the Cold War some of the topics dealt with are highly recognizable which shows how close to reality the show was.  One episode deals with the British return of captured Russian citizens in German uniform, a tragic story that really did occur.  The final episode is so closely based on the story of the capture of Violette Szabo that a person familiar with the real story will recognize whom the various fictional characters are based on.  Indeed, that episode confirmed for me that the character of Hilda Pierce had been based on Vera Atkins all along.

The entire series is simply excellent.  It was widely praised while running, and it can clearly be seen why.  

Whenever these reviews are done, I always include material details as an item, and a few odds and ends.  This series scores very high in these regards, and indeed the very high cost of production is what finally caused the BBC to cancel the series. The clothing and look of things is almost all correct.  The BBC managed to include correct vehicles and even Spitfire aircraft where they appeared.  British television sometimes cuts corners in these regards, but that was not done here.

Which isn't to say everything is perfect.  Where failures are noted, however, they are small and understandable.  The series included some American characters in some episodes during World War Two, and the producers had a hard time getting American uniforms correct, but then they aren't always done correctly in American series either.  Every American soldier shown in the series in in the 1st Infantry Division, even when this doesn't make sense.  Americanism aren't caught quite accurately and American speech is obviously not quite right to an American audience.  The depiction of American food items in one episode will catch Americans as bizarre.

Still, overall, this television series was simply excellent.  It would legitimately qualify as one of the best television series ever done, anywhere.  For students of the 1940s, its a must.

Put that tofu away, you unnatural vegan freak. We've been hunting for meat for at least 250,000 years.

That's the conclusion of a new archeological study.  And that's so far back that the article I saw referred to those meat eating fellows as "proto humans", based on the current understanding that our particular species has only been around for about 200,000 years (although I'd wager we're an older species than that).

Well, you vegan freak, you aren't eating a natural diet. Evolution abhors you.   Your DNA is screaming at you.  Nature didn't make you to have a diet of a bacteria.

Of course, it didn't anticipate you sitting around in a cubicle all day either.

Swedish Cattle Call

Hmm, not appropriate dress for cow work.

Probably more like it.

Thursday, August 25, 2016

The decline in formal address.

University of Utah law professor  Shima Baradaran Baughman, who refers to herself with her students as “Professor Baughman.” Or “Prof. B.” in email, has been having a hard time with students addressing her as simply Shima, according to the Wall Street Journal.  She's not happy about it.  I don't blame her.

Part of that, although in excusably so, may be due to the fact that Baughman, who is in her late 30s, looks like she's in her early 30s or maybe 20s, so she's crowing the apparent age of her students, probably giving them a sense of over-familiarity with her.  But more than that, this more likely reflects yet another area where formality has declined.

We've addressed this in other areas, particularly in the decline in professional dress, and in dress in general.  Its become undeniable.  Entire groups of people who once dressed fairly formally, every day, now no longer do.  I'll confess guilt on this recently myself.  I'll enter what I guess is a lazy period and dress way down occasionally, and I've been doing that.  Not sure why, perhaps just because I've been holed up in my office and perhaps because I'm a bit too tired and lazy recently to put much thought into it. But if it were 1916, or 1966, I would have.

But a trend like this shows that the decline to formality is not just in appearance, it's really in everything.  Professor Baughman has noted the same thing.
That's a pretty quick decline in formal speech, just six years.

The article further noted:
Ms. Baughman suspects her classroom experience is part of a larger trend, and one she finds troubling.

“I believe that students call me by my first name because there is a growing movement by professors to allow students to call them by their first name, both in undergrad and in law school,” she writes at PrawfsBlawg.
Based on some of the comments at that Blawg, the concern isn't universal amongst (what I guess are) her colleagues.  They aren't worried.

Well, perhaps they ought to be.  Professor Baughman is correct in noting this, and in some ways one of the first areas it really turns up seems to be in upper academia.  I'm not sure why, but it seems that in more recent years professors have felt a desire to bond more with students, which they probably ought to rethink, and this encourages that.  But this certainly isn't limited to academia.  It's spread into everything, at least in the United States.

Addressing a person by a first name, not all that long ago, tended to be reserved for people who knew each other at least somewhat informally, or for adults in addressing children.  Now, not so much.  It has ripples that go out and out.  Professor Baughman noted some of these herself, in her blog post, in which she noted:
I wonder what percentage of law professors encourage or allow students to call them by their first name and whether this is a good move. I tend to think that it is not a good development. Here are a couple reasons why:
  1. Call one professor “Frank”, call them all “Frank.” Some of us prawfs want to keep work life separate from casual life and having a title at work, helps us do that. Some of us feel like we have earned the title of Professor, and feel cool when our students call us that. Others are young (or look young), and the title of Professor may be the only separation they have to distinguish them from their students. Whatever it is, I think that this should be an individual choice that the professor makes. Maybe this can be avoided if professors who like to be called by their first names, warn students that they should not assume that other professors like this and to always ask in advance.
  1. The Classic Slippery Slope Argument. As far as I understand it, some law firms and definitely judicial chambers are places where judges or partners may not like to assume that interns or new associates or clerks treat them casually. I worry that calling professors by their first name in law school, may lead to false expectation that this is how it is in the legal profession. I actually think the legal profession is one of the few remaining professions where there is a sense of formality in our practice of law. We have to address judges by a certain title (or they will correct you at oral argument), we have to carefully include exact language, color, and formatting on briefs or they are rejected, addressing of opposing counsel and often clients often has to do this by their full name and title. And I believe an awkward situation may arise where a student may call his judge by her first name and it may be seen as a sign of disrespect (And unfortunately, serving on the Judicial Clerkship Committee I have heard these horror stories actually happening). Are we communicating these norms to our students? I worry about this given the growing casual nature of law teaching.
  1. Casual Nature of Law School. I have noticed in my time teaching that students are getting more casual at law school every year. Where in my first year of teaching, hardly anyone entered the classroom late, brought snacks to eat during class, or wore sweatpants or pajamas to class, these are now regular occurrences. Students have called me on my cell phone regularly (I’m not sure how they have obtained this number) and two students asked me if I could Skype their study group before one of my finals since they had a few extra questions and email responses just didn’t suffice. I regularly am asked if I can review a student’s 40+ page outline to see if there are any mistakes. These are requests I would never have made in law school even if I was paid a large amount of money. I worry that students have an extremely casual view of their professors and calling them by their first names may be exacerbating what I think is an already bigger issue of casual Millennials and respect.
I think she's correct on all of these points, although I'm not sure if she might not be aware of the extent to which this has spread into general society.

The problem is, in general, that people are entitled to respect, and their offices are as well.  Some offices, and I'd state that the law, medicine and the teaching profession are amongst them,  deserve a certain level of respect even when the occupiers of those offices might not.  Addressing the office holder with a first name suggest that there's a true equality of everything in relation to that office,  i.e,. I know as much as my doctor.  No, frankly, I don't. 

That reduction in formality may seem harmless, but at some point it really isn't.  If I assume I know as much as my doctor, then my Internet research that leads me to some "doctor" who is practicing holistic nonsense and feeding people extract of gabonzo beans administered with Irish whiskey as a cure for cancer may seem rational.  After all, we all know the same amount, right?  No, we really don't.

Additionally, the dilution of some level of formality reduces respect for everyone.  In school, when I was young, we of course addressed our teachers with their formal titles. At first that was normally "Mrs.", although everyone once and a while there would be the exotic "Miss", usually a student teacher.  Later, by junior high there were some who we would of course address as "Mr.", and also the now all but extinct (although I still use it, perhaps alone in the world in these regard) "Ms.", the 1970s marriage neutral title that was supposed to come in and replace "Miss" and "Mrs.".  I hear Miss only in schools now.  Anyhow, we learned to use those titles at that time, and by extension that level of respect they afforded translated to the older people we met.  I can't imagine having addressed people who were my senior by decades as other than their title and last name. They deserved that, no matter what sort of life they may have lead.

While it strays off the point a bit, I will note that I think this situation is worse for women in some ways than for men.  I've noted that particularly this election seasons.  Hillary Clinton is routinely referred to by her first name.  Donald Trump is sometimes as well, but much less often, and sometimes when he is, he's done so in the media title fashion of "The Donald".  Like her or not, she's 68 years old and is properly referred to as Hillary Clinton or Mrs. Clinton.  "Hillary" isn't the proper way to refer to a 68 year old woman, or a 48 year old one, or a 38 year old one, you don't know.  

That may in fact be part of what Professor Baughman is experiencing, I suspect, although she doesn't note it in that fashion.  As an attractive young professor, reducing (and that's what it is) her name to Shima is sort of applying a diminutive to her.  That ought not to be done.

Anyhow, this blog has long tracked trends of one kind or another and here's a really noticeable one.  I don't think when I went through school I ever referred to a teacher by other than his or her title.  Even the teacher who lived next store to us, Nancy Messer, whom we came to be friends with, was also Miss Messer.  My parents elderly friend Mrs. Reynolds was always Mrs. Reynolds, I have no idea what her name was to this day.  I can't say that this change has been a good one.

Was this sign placement necessary?

No, I don't think it was.

This is a stop sign outside of Hanna, placed right on the blacktop at the intersection with the Lincoln Highway.  If you turn right, you go the right, if you turn left or go straight, you go its left.

Of course, if you are turning off of the Lincoln Highway to drive towards Elk Mountain, you go past the same thing on the other side of the road.  Thing is, with its back towards you, it really isn't that visible.  Or it wasn't to me.

No, I didn't hit it, but I'm having a bad run of automobile luck recently, and it was a surprise.

Today In Wyoming's History: August 25, 1916. National Park Service formed.

Today In Wyoming's History: August 25:  1916. National Park Service formed.

The NPS took over a role which had been occupied by the Army, that of patrolling the National Parks. Their uniform still recalls the Army of 1916 to a small extent, in that they've retained the M1911 style campaign hat, in straw and felt, as part of their uniform.

On this, it's also the case here that the Yellowstone just ceased last year using the Army built courthouse, built in 1908, in favor of a newly constructed one. Still, that's pretty good service for a small Army courthouse really.

In 1916, the cavalry branch, which had been heavily involved in patrolling the parks, was committed to the Cold/Lukewarm war with Villa. I wonder if part of the reason that the Park Service came into being in 1916 was because this mounted service was needed to free up the Army's mounted arm for it's primary military role?

Wednesday, August 24, 2016

Yes, weakling your father really was stronger

According to a study in the Journal of Hand Therapy, as reported in the press, the grip strength of millennial men and women has declined compared to the same in 1985.  According to a quote on NPR's "Shots", it's health news site, this is due to a change in work.
"Work patterns have changed dramatically since 1985, when the first norms were established," says Elizabeth Fain of Winston-Salem State University, who led the study with Cara Weatherford. "As a society, we're no longer agricultural or manufacturing ... What we're doing more now is technology-related, especially for millennials."
Not to be deterred, at least one redditor blames this on a different thing, that being a 50 year decline, also noted in that organic chemical in men that makes them men.  That's probably a more disturbing story, but it has been scientifically noted.  Isometric hand strength is different in men and women and related to that, but the decline in strength has been noted in both men and women.

Mid Week at Work. Teenage rail worker, 1916

LOC Title:  Title: 15-year old boy who says he works some for the railroad. Mountain Grove, Missouri / Lewis W. Hine. Published August 25, 1916.