Thursday, May 24, 1923. The IRA ordered to lay down its weapons.

Éamon de Valera and Frank Aiken ordered IRA volunteers to lay down their arms and return home, causing an "official" end to their rebellion against the Irish Free State. 

Chief of Staff Frank Aiken's order, recalled in history as the Dump Arms Order, read:

Comrades — The arms with which we fought the enemies of our country are to be dumped. The foreign and domestic enemies of the Republic have for the moment prevailed. But our enemies have not won. Neither tortures nor firing squads, nor a slavish press can crush the desire for independence out of the hearts of those who fought for the Republic or out of the hearts of our people. Our enemies have demanded our arms. Our answer is, 'We took up arms to free our country, and we'll keep them until we see an honourable way of reaching our objective without arms'. There is a trying time ahead for the faithful soldiers of Ireland. But the willing sacrifices of our dead comrades will give us the courage to face it in the knowledge that these sacrifices have ensured the ultimate victory of our cause. Their examples and their prayers will help us to be like them, faithful to our ideals unto death.

De Valera's order stated:

Soldiers of liberty! Legion of the rear guard! The republic can no longer be sustained successfully by your arms. Further sacrifices on your part would now be in vain. The continuance of the struggle in arms is unwise in the national interest," and added, "You have saved the nation's honor and left the road open to independence. Laying aside your arms now is an act of patriotism as exalted and pure as your valor in taking them up

Ireland would come, in fact, to have very strict gun control, something that reflected Irish independence having come about through an armed Irish minority and the ongoing fear that an armed Irish element would oppose the government. 

The ethos of the IRA at the time can perhaps best be summarized by the statement of Liam Lynch, a general of the IRA,, who stated:

We have declared for an Irish Republic.

We will live by no other law.

Be that as it may, the IRA's fight against the Irish Free State was a dishonorable affair, and one tinged with radicalism.  Asserting a fight for liberation and democracy, it was in the end undeniably sectarian in ignoring the wishes, no matter how despised, of Ulster protestants who did not wish to leave the United Kingdom and the majority of southern Irish who were content with the Free State.

It was also naive to think that it could force British separation of Ulster through fighting the Free State.

The San Pedro Maritime Strike in San Francisco came to an end.

The French government resigned, and then unresigned, over the Senates decision not to put Communist Marcel Cachin, a member, on trial.

Saturday, May 15, 1943. Changes in Tunisian leadership, Flaming bats.

From Sarah Sundin's blog:'

Today in World War II History—May 15, 1943: 80 Years Ago—May 15, 1943: US Army ends experiment in using “bat bombs” as bats burn down newly constructed, unoccupied Carlsbad Army Air Base, NM.

Oops.

She also noted that the Germans launched an offensive in Yugoslavia against Communist partisans, and ABC was founded to enable the newly formed company to purchase the NBC Blue Network.

The Free French deposed Sidi Muhammad VII al-Munsif (Moncef Bey) from Tunis, and would ultimately, that following July, send him packing to Madagascar.  The Bey had collaborated with the Germans, who had in turn made him the King of Tunisia.  To his credit, however, he'd protected the Jewish population of the country as well as the Muslim population.  In context, his actions may have made some sense, from a Tunisian prospective.

When he went into exile, his 25 wives went with him, so at least he wasn't lonely.

His cousin, Muhammad VIII al-Amin (Lamine Bey), became the new Bey.

Moncef Bey retained fairly strong support from Tunisian nationalist, who in turn had an uneasy relationship with the same.  This began to change upon Moncef Bey's death in exile in 1948.  Lamine Bey became king in 1956 with the departure of the French, but he was deposed in 1957.  He died at age 81 in 1962.

He was married to a commoner, with whom he had ten children.

The SS Irish Oak, an Irish flagged vessel with Irish tricolors and Eire painted on the side of it was torpedoed by the U-607.  The crew was able to abandon the vessel and the U-607 waited to fire a final shot until they had departed it.

Operation Checkmate came to an end.

Monday, April 30, 1923. Booze on the High Seas

 

In Cunard Steamship Co., Ltd. v. Mellon, the U.S. Supreme Court, declared that American ships could sell booze on the "high seas" more than three miles beyond U.S. territory.  Foreign ships, however, couldn't dock with it.

The decision was rendered by Justice Van Devanter, which is somewhat ironic as he was appointed to the bench from Wyoming, and it was Wyoming that had put the Volstead Act up over the top.

The decision reads:

U.S. Supreme Court

Cunard Steamship Co., Ltd. v. Mellon, 262 U.S. 100 (1923)

Cunard Steamship Co., Ltd. v. Mellon

Nos. 659-662, 666-670, 678, 693, 694

Argued January 4, 5, 1923

Decided April 30, 1923

262 U.S. 100

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

1. The words "transportation" and "importation," in the Eighteenth Amendment, are to be taken in their ordinary sense, the former comprehending any real carrying about or from one place to another, and the latter any actual bringing into the country from the outside. P. 262 U. S. 121.

2. The word "territory," in the Amendment (in the phrase "the United States and all territory subject to the jurisdiction thereof") means the regional areas, of land and adjacent waters, over which the United States claims and exercises dominion and control as a sovereign power, the term being used in a physical, not a metaphorical, sense, and referring to areas and districts having fixity of location and recognized boundaries. P. 262 U. S. 122.

3. The territory subject to the jurisdiction of the United States includes the land areas under its dominion and control, the ports, harbors, bays, and other enclosed arms of the sea along its coast, and a marginal belt of the sea extending from the coast line outward a marine league, or three geographic miles, and this territory, and all of it, is that which the Amendment designates as its field of operation. P. 262 U. S. 122.

4. Domestic merchant ships outside the waters of the United States, whether on the high seas or in foreign waters, are part of the "territory" of the United States in a metaphorical sense only, and are not covered by the Amendment. P. 262 U. S. 123.

5. The jurisdiction arising out of the nationality of a merchant ship, as established by her domicile, registry, and use of the flag, partakes more of the characteristics of personal than of territorial sovereignty, is chiefly applicable to ships on the high seas where there is no territorial sovereign; and, as respects ships in foreign territorial waters, it has little application beyond what is affirmatively or tacitly permitted by the local sovereign. P. 262 U. S. 123.

6. The Amendment covers foreign merchant ships when within the territorial waters of the United States. P. 262 U. S. 124.

7. A merchant ship of one country, voluntarily entering the territorial limits of another, subjects herself to the jurisdiction of the latter. The jurisdiction attaches in virtue of her presence, just as with other objects within those limits. During her stay, she is entitled to the protection of the laws of that place, and correlatively is bound to yield obedience to them. The local sovereign may, out of considerations of public policy, choose to forego the exertion of its jurisdiction, or to exert it in a limited way only, but this is a matter resting solely in its discretion. P. 262 U. S. 124.

8. The Eighteenth Amendment does not prescribe any penalties, forfeitures, or mode of enforcement, but, by its second section, leaves these to legislative action. P. 262 U. S. 126.

9. The only instance in which the National Prohibition Act recognizes the possession of intoxicating liquor for beverage purposes as lawful is where the liquor was obtained before the act went into effect and is kept in the owner's dwelling for use therein by him, his family, and his bona fide guests. P. 262 U. S. 127.

10. Examination of the National Prohibition Act, as supplemented November 23, 1921, c. 134, 42 Stat. 222, shows

(a) That it is intended to be operative throughout the territorial limits of the United States, with the single exception of liquor in transit through the Panama Canal or on the Panama Railroad,

(b) That it is not intended to apply to domestic vessels when outside the territorial waters of the United States,

(c) That it is intended to apply to all merchant vessels, whether foreign or domestic, when within those waters, save as the Panama Canal Zone exception provides otherwise. Pp. 262 U. S. 127-129.

11. Congress, however, has power to regulate the conduct of domestic merchant ships when on the high seas, or to exert such control over them when in foreign waters as may be affirmatively or tacitly permitted by the territorial sovereign. P. 262 U. S. 129.

12. The antiquity of the practice of carrying intoxicating liquors for beverage purposes as part of a ship's sea stores, the wide extent of the practice, and its recognition in a congressional enactment, do not go to prove that the Eighteenth Amendment and the Prohibition Act could not have been intended to disturb that practice, since their avowed and obvious purpose was to put an end to prior practices respecting such liquors. P. 262 U. S. 129.

13. After the adoption of the Amendment and the enactment of the National Prohibition Act, Congress withdrew the prior statutory recognition of liquors as legitimate sea stores. Rev.Stats., § 2775; Act of September 21, 1922, c. 356, Tit. IV, and § 642, 42 Stat. 858, 948, 989. P. 262 U. S. 130.

14. The carrying of intoxicating liquors, as sea stores, for beverage purposes, through the territorial waters or into the ports and harbors of the United States by foreign or domestic merchant ships is forbidden by the Amendment and the act. P. 262 U. S. 130.

284 F. 890 affirmed.

285 F. 79 reversed.

Appeals from decrees of the district court dismissing, on the merits, as many suits brought by the appellant steamship companies for the purpose of enjoining officials of the United States from seizing liquors carried by appellants' passenger ships as sea stores and from taking other proceedings against the companies and their vessels, under the National Prohibition Act.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

These are suits by steamship companies operating passenger ships between United States ports and foreign ports to enjoin threatened application to them and their ships of certain provisions of the National Prohibition Act. The defendants are officers of the United States charged with the act's enforcement. In the first ten cases, the plaintiffs are foreign corporations and their ships are of foreign registry, while in the remaining two the plaintiff's are domestic corporations, and their ships are of United States registry. All the ships have long carried and now carry, as part of their sea stores, intoxicating liquors intended to be sold or dispensed to their passengers and crews at meals and otherwise for beverage purposes. Many of the passengers and crews are accustomed to using such beverages and insist that the ships carry and supply liquors for such purposes. By the laws of all the foreign ports at which the ships touch, this is permitted, and by the laws of some it is required. The liquors are purchased for the ships and taken on board in the foreign ports and are sold or dispensed in the course of all voyages, whether from or to those ports.

The administrative instructions dealing with the subject have varied since the National Prohibition Act went into effect. December 11, 1919, the following instructions were issued (T.D. 38218):

"All liquors which are prohibited importation, but which are properly listed as sea stores on vessels arriving in ports of the United States, should be placed under seal by the boarding officer and kept sealed during the entire time of the vessel's stay in port, no part thereof to be removed from under seal for use by the crew at meals or for any other purpose."

"Excessive or surplus liquor stores are no longer dutiable, being prohibited importation, but are subject to seizure and forfeiture."

"Liquors properly carried as sea stores may be returned to a foreign port on the vessel's changing from the foreign to the coasting trade, or may be transferred under supervision of the customs officers from a vessel in foreign trade, delayed in port for any cause, to another vessel belonging to the same line or owner."

January 27, 1920, the first paragraph of those instructions was changed (T.D. 38248) so as to read:

"All liquors which are prohibited importation, but which are properly listed as sea stores on American vessels arriving in ports of the United States, should be placed under seal by the boarding officer and kept sealed during the entire time of the vessel's stay in port, no part thereof to be removed from under seal for use by the crew at meals or for any other purpose. All such liquors on foreign vessels should be sealed on arrival of the vessels in port, and such portions thereof released from seal as may be required from time to time for use by the officers and crew."

October 6, 1922, the Attorney General, in answer to an inquiry by the Secretary of the Treasury, gave an opinion to the effect that the National Prohibition Act, construed in connection with the Eighteenth Amendment to the Constitution, makes it unlawful (a) for any ship, whether domestic or foreign, to bring into territorial waters of the United States, or to carry while within such waters, intoxicating liquors intended for beverage purposes, whether as sea stores or cargo, and (b) for any domestic ship, even when without those, waters to carry such liquors for such purposes either as cargo or sea stores. The President thereupon directed the preparation, promulgation, and application of new instructions conforming to that construction of the act. Being advised of this and that, under the new instructions, the defendants would seize all liquors carried in contravention of the act as so construed and would proceed to subject the plaintiffs and their ships to penalties provided in the act, the plaintiffs brought these suits.

The hearings in the district court were on the bills or amended bills, motions to dismiss, and answers, and there was a decree of dismissal on the merits in each suit. 284 F. 890; International Mercantile Marine v. Stuart, 285 F. 79. Direct appeals under Judicial Code § 238 bring the cases here.

While the construction and application of the National Prohibition Act is the ultimate matter in controversy, the act is so closely related to the Eighteenth Amendment, to enforce which it was enacted, that a right understanding of it involves an examination and interpretation of the amendment. The first section of the latter declares, 40 Stat. 1050, 1941:

"Section 1. After one year from the ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited."

These words, if taken in their ordinary sense, are very plain. The articles proscribed are intoxicating liquors for beverage purposes. The acts prohibited in respect of them are manufacture, sale, and transportation within a designated field, importation into the same, and exportation therefrom, and the designated field is the United States and all territory subject to its jurisdiction. There is no controversy here as to what constitutes intoxicating liquors for beverage purposes; but opposing contentions are made respecting what is comprehended in the terms "transportation," "importation" and "territory."

Some of the contentions ascribe a technical meaning to the words "transportation" and "importation." We think they are to be taken in their ordinary sense, for it better comports with the object to be attained. In that sense, transportation comprehends any real carrying about or from one place to another. It is not essential that the carrying be for hire, or by one for another, nor that it be incidental to a transfer of the possession or title. If one carries in his own conveyance for his own purposes, it is transportation no less than when a public carrier, at the instance of a consignor, carriers and delivers to a consignee for a stipulated charge. See United States v. Simpson, 252 U. S. 465. Importation, in a like sense, consists in bringing an article into a country from the outside. If there be an actual bringing in, it is importation, regardless of the mode in which it is effected. Entry through a custom house is not of the essence of the act.

Various meanings are sought to be attributed to the term "territory" in the phrase "the United States and all territory subject to the jurisdiction thereof." We are of opinion that it means the regional areas -- of land and adjacent waters -- over which the United States claims and exercises dominion and control as a sovereign power. The immediate context and the purport of the entire section show that the term is used in a physical, and not a metaphorical, sense -- that it refers to areas or districts having fixity of location and recognized boundaries. See United States v. Bevans, 3 Wheat. 336, 16 U. S. 390.

It now is settled in the United States and recognized elsewhere that the territory subject to its jurisdiction includes the land areas under its dominion and control, the ports, harbors, bays, and other enclosed arms of the sea along its coast, and a marginal belt of the sea extending from the coast line outward a marine league, or three geographic miles. Church v. Hubbart, 2 Cranch 187, 6 U. S. 234; The Ann, 1 Fed.Cas., p. 926; United States v. Smiley, 27 Fed.Cas., p. 1132; Manchester v. Massachusetts, 139 U. S. 240, 139 U. S. 257-258; Louisiana v. Mississippi, 202 U. S. 1, 202 U. S. 52; 1 Kent's Com. (12th ed.) *29; 1 Moore, International Law Digest, § 145; 1 Hyde, International Law, §§ 141, 142, 154; Wilson, International Law (8th ed.) § 54; Westlake, International Law (2d ed.) p. 187 et seq; Wheaton, International Law (5th Eng. ed. [Phillipson]) p. 282; 1 Oppenheim International Law (3d ed.) §§ 185-189, 252. This, we hold, is the territory which the amendment designates as its field of operation, and the designation is not of a part of this territory, but of "all" of it.

The defendants contend that the amendment also covers domestic merchant ships outside the waters of the United States, whether on the high seas or in foreign waters. But it does not say so, and what it does say shows, as we have indicated, that it is confined to the physical territory of the United States. In support of their contention, the defendants refer to the statement sometimes made that a merchant ship is a part of the territory of the country whose flag she flies. But this, as has been aptly observed, is a figure of speech, a metaphor. Scharrenberg v. Dollar S.S. Co., 245 U. S. 122, 245 U. S. 127; In re Ross, 140 U. S. 453, 140 U. S. 464; 1 Moore International Law Digest § 174; Westlake, International Law (2d ed.) p. 264; Hall, International Law (7th ed. [Higgins]) § 76; Manning, Law of Nations (Amos), p. 276; Piggott Nationality, Pt. II, p. 13. The jurisdiction which it is intended to describe arises out of the nationality of the ship, as established by her domicile, registry, and use of the flag, and partakes more of the characteristics of personal than of territorial sovereignty. See The Hamilton, 207 U. S. 398, 207 U. S. 403; American Banana Co. v. United Fruit Co., 213 U. S. 347, 213 U. S. 355; 1 Oppenheim International Law (3d ed.) §§ 123-125, 128. It is chiefly applicable to ships on the high seas, where there is no territorial sovereign, and as respects ships in foreign territorial waters, it has little application beyond what is affirmatively or tacitly permitted by the local sovereign. 2 Moore International Law Digest, §§ 204, 205; Twiss, Law of Nations (2d ed.) § 166; Woolsey, International Law (6th ed.) § 58; 1 Oppenheim International Law (3d ed.) §§ 128, 146, 260.

The defendants further contend that the amendment covers foreign merchant ships when within the territorial waters of the United States. Of course, if it were true that a ship is a part of the territory of the country whose flag she carries, the contention would fail. But, as that is a fiction, we think the contention is right.

The merchant ship of one country voluntarily entering the territorial limits of another subjects herself to the jurisdiction of the latter. The jurisdiction attaches in virtue of her presence, just as with other objects within those limits. During her stay, she is entitled to the protection of the laws of that place, and correlatively is bound to yield obedience to them. Of course, the local sovereign may out of considerations of public policy choose to forego the exertion of its jurisdiction or to exert the same in only a limited way, but this is a matter resting solely in its discretion. The rule, now generally recognized, is nowhere better stated than in The Exchange, 7 Cranch 116, 11 U. S. 136, 11 U. S. 144, where Chief Justice Marshall, speaking for this Court, said:

"The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction."

"All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source."

"* * * *"

"When private individuals of one nation spread themselves through another as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country. Nor can the foreign sovereign have any motive for wishing such exemption. His subjects thus passing into foreign countries are not employed by him, nor are they engaged in national pursuits. Consequently there are powerful motives for not exempting persons of this description from the jurisdiction of the country in which they are found, and no one motive for requiring it. The implied license, therefore, under which they enter can never be construed to grant such exemption."

That view has been reaffirmed and applied by this Court on several occasions. United States v. Diekelman, 92 U. S. 520, 92 U. S. 525-526; Wildenhus' Case, 120 U. S. 1, 120 U. S. 11; Nishimura Ekiu v. United States, 142 U. S. 651, 142 U. S. 659; Knott v. Botany Mills, 179 U. S. 69, 179 U. S. 74; Patterson v. Bark Eudora, 190 U. S. 169, 190 U. S. 176-178; Strathearn S.S. Co. v. Dillon, 252 U. S. 348, 252 U. S. 355-356. And see Buttfield v. Stranahan, 192 U. S. 470, 192 U. S. 492-493; Oceanic Steam Navigation Co. v. Stranahan, 214 U. S. 320, 324 [argument of counsel -- omitted]; Brolan v. United States, 236 U. S. 216, 236 U. S. 218. In the Patterson case, the Court added:

"Indeed, the implied consent to permit them [foreign merchant ships] to enter our harbors may be withdrawn, and if this implied consent may be wholly withdrawn it may be extended upon such terms and conditions as the government sees fit to impose."

In principle, therefore, it is settled that the amendment could be made to cover both domestic and foreign merchant ships when within the territorial waters of the United States. And we think it has been made to cover both when within those limits. It contains no exception of ships of either class, and the terms in which it is couched indicate that none is intended. Such an exception would tend to embarrass its enforcement and to defeat the attainment of its obvious purpose, and therefore cannot reasonably be regarded as implied.

In itself, the amendment does not prescribe any penalties, forfeitures, or mode of enforcement, but, by its second section, [Footnote 1] leaves these to legislative action.

With this understanding of the amendment, we turn to the National Prohibition Act, c. 85, 41 Stat. 305, which was enacted to enforce it. The act is a long one, and most of its provisions have no real bearing here. Its scope and pervading purpose are fairly reflected by the following excerpts from Title II:

"Sec. 3. No person [Footnote 2] shall on or after the date when the eighteenth amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized in this act, and all the provisions of this act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented."

"* * * *"

"Sec. 21. Any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title, and all intoxicating liquor and property kept and used in maintaining the same, is hereby declared to be a common nuisance."

"* * * *"

"Sec. 23. That any person who shall, with intent to effect a sale of liquor, by himself, his employee, servant, or agent, for himself or any person, company, or corporation keep or carry around on his person, or in a vehicle, or other conveyance whatever . . . any liquor . . . in violation of this title is guilty of a nuisance. . . ."

"* * * *"

"Sec. 26. When the commissioner, his assistants, inspectors, or any officer of the law shall discover any person in the act of transporting in violation of the law, intoxicating liquors in any wagon, buggy, automobile, water or air craft, or other vehicle, it shall be his duty to seize any and all intoxicating liquors found therein being transported contrary to law."

Other provisions show that various penalties and forfeitures are prescribed for violations of the act, and that the only instance in which the possession of intoxicating liquor for beverage purposes is recognized as lawful is where the liquor was obtained before the act went into effect and is kept in the owner's dwelling for use therein by him, his family, and his bona fide guests.

As originally enacted, the act did not in terms define its territorial field, but a supplemental provision [Footnote 3] afterwards enacted declares that it "shall apply not only to the United States but to all territory subject to its jurisdiction," which means that its field coincides with that of the Eighteenth Amendment. There is in the act no provision making it applicable to domestic merchant ships when outside the waters of the United States, nor any provision making it inapplicable to merchant ships, either domestic or foreign, when within those waters, save in the Panama Canal. There is a special provision dealing with the Canal Zone [Footnote 4] which excepts "liquor in transit through the Panama Canal or on the Panama Railroad." The exception does not discriminate between domestic and foreign ships, but applies to all liquor in transit through the canal, whether on domestic or foreign ships. Apart from this exception, the provision relating to the Canal Zone is broad and drastic like the others.

Much has been said at the bar and in the briefs about the Canal Zone exception, and various deductions are sought to be drawn from it respecting the applicability of the act elsewhere. Of course, the exception shows that Congress, for reasons appealing to its judgment, has refrained from attaching any penalty or forfeiture to the transportation of liquor while "in transit through the Panama Canal or on the Panama Railroad." Beyond this, it has no bearing here, save as it serves to show that, where in other provisions no exception is made in respect of merchant ships, either domestic or foreign, within the waters of the United States, none is intended.

Examining the act as a whole, we think it shows very plainly, first, that it is intended to be operative throughout the territorial limits of the United States, with the single exception stated in the Canal Zone provision; secondly, that it is not intended to apply to domestic vessels when outside the territorial waters of the United States; and, thirdly, that it is intended to apply to all merchant vessels, whether foreign or domestic, when within those waters, save as the Panama Canal Zone exception provides otherwise.

In so saying, we do not mean to imply that Congress is without power to regulate the conduct of domestic merchant ships when on the high seas, or to exert such control over them when in foreign waters as may be affirmatively or tacitly permitted by the territorial sovereign; for it long has been settled that Congress does have such power over them. Lord v. Steamship Co., 102 U. S. 541; The Abby Dodge, 223 U. S. 166, 223 U. S. 176. But we do mean that the National Prohibition Act discloses that it is intended only to enforce the Eighteenth Amendment and limits its field of operation, like that of the amendment, to the territorial limits of the United States.

The plaintiffs invite attention to data showing the antiquity of the practice of carrying intoxicating liquors for beverage purposes as part of a ship's sea stores, the wide extent of the practice, and its recognition in a congressional enactment, and argue therefrom that neither the amendment nor the act can have been intended to disturb that practice. But in this they fail to recognize that the avowed and obvious purpose of both the amendment and the act was to put an end to prior practices respecting such liquors, even though the practices had the sanction of antiquity, generality, and statutory recognition. Like data could be produced and like arguments advanced by many whose business, recognized as lawful theretofore, was shut down or curtailed by the change in national policy. In principle, the plaintiffs' situation is not different from that of the innkeeper whose accustomed privilege of selling liquor to his guests is taken away, or that of the dining car proprietor who is prevented from serving liquor to those who use the cars which he operates to and fro across our northern and southern boundaries.

It should be added that, after the adoption of the amendment and the enactment of the National Prohibition Act, Congress distinctly withdrew the prior statutory recognition of liquors as legitimate sea stores. The recognition was embodied in § 2775 of the Revised Statutes, which was among the provisions dealing with customs administration, and when, by the Act of September 21, 1922, those provisions were revised, that section was expressly repealed, along with other provisions recognizing liquors as legitimate cargo. C. 356, Title IV and § 642, 42 Stat. 858, 948, 989. Of course, as was observed by the district court, the prior recognition, although representing the national policy at the time, was not in the nature of a promise for the future.

It therefore is of no importance that the liquors in the plaintiffs' ships are carried only as sea stores. Being sea stores does not make them liquors any the less; nor does it change the incidents of their use as beverages. But it is of importance that they are carried through the territorial waters of the United States and brought into its ports and harbors. This is prohibited transportation and importation in the sense of the amendment and the act. The recent cases of Grogan v. Walker & Sons and Anchor Line v. Aldridge, 259 U. S. 80, are practically conclusive on the point. The question in one was whether carrying liquor intended as a beverage through the United States from Canada to Mexico was prohibited transportation under the amendment and the act, the liquor being carried in bond by rail, and that in the other was whether the transshipment of such liquor from one British ship to another in the harbor of New York was similarly prohibited, the liquor being in transit from Scotland to Bermuda. The cases were considered together, and an affirmative answer was given in each, the Court saying in the opinion, p. 259 U. S. 89:

"The Eighteenth Amendment meant a great revolution in the policy of this country, and presumably and obviously meant to upset a good many things on, as well as off, the statute book. It did not confine itself in any meticulous way to the use of intoxicants in this country. It forbade export for beverage purposes elsewhere. True, this discouraged production here, but that was forbidden already, and the provision applied to liquors already lawfully made. See Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U. S. 146, 151, note 1 [argument of counsel -- omitted]. It is obvious that those whose wishes and opinions were embodied in the amendment meant to stop the whole business. They did not want intoxicating liquor in the United States, and reasonably may have though that, if they let it in, some of it was likely to stay. When, therefore, the amendment forbids not only importation into and exportation from the United States, but transportation within it, the natural meaning of the words expresses an altogether probable intent. The Prohibition Act only fortifies in this respect the interpretation of the amendment itself. The manufacture, possession, sale, and transportation of spirits and wine for other than beverage purposes are provided for in the act, but there is no provision for transshipment or carriage across the country from without. When Congress was ready to permit such a transit for special reasons in the Canal Zone, it permitted it in express words. Title III, § 20, 41 Stat. 322."

Our conclusion is that, in the first ten cases, those involving foreign ships, the decrees of dismissal were right, and should be affirmed, and in the remaining two, those involving domestic ships, the decrees of dismissal were erroneous, and should be reversed, with directions to enter decrees refusing any relief as respects the operations of the ships within the territorial waters of the United States and awarding the relief sought as respects operations outside those waters.

Decrees in Nos. 659, 660, 661, 662, 666, 667, 668, 669, 670 and 678, affirmed.

Decrees in Nos. 693 and 694, reversed.

MR. JUSTICE McREYNOLDS dissents.

[Footnote 1]

The second section says: "The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation." For its construction, see United States v. Lanza, December 11, 1922.

[Footnote 2]

The act contains a provision (§ 1 of Title II) showing that it uses the word "persons" as including "associations, copartnerships, and corporations" when the context does not indicate otherwise.

[Footnote 3]

Section 3, Act November 23, 1921, c. 134, 42 Stat. 222.

[Footnote 4]

The pertinent portion of § 20 of Title III, relating to the Canal Zone, is as follows:

"Sec. 20. That it shall be unlawful to import or introduce into the Canal Zone, or to manufacture, sell, give away, dispose of, transport, or have in one's possession or under one's control within the Canal Zone, any alcoholic, fermented, brewed, distilled, vinous, malt, or spirituous liquors, except for sacramental, scientific, pharmaceutical, industrial, or medicinal purposes, under regulations to be made by the President, and any such liquors within the Canal Zone in violation hereof shall be forfeited to the United States and seized: Provided, that this section shall not apply to liquor in transit through the Panama Canal or on the Panama Railroad."

MR. JUSTICE SUTHERLAND dissenting.

I agree with the judgment of the court insofar as it affects domestic ships, but I am unable to accept the view that the Eighteenth Amendment applies to foreign ships coming into our ports under the circumstances here disclosed.

It would serve no useful purpose to give my reasons at any length for this conclusion. I therefore state them very generally and briefly.

The general rule of international law is that a foreign ship is so far identified with the country to which it belongs that its internal affairs, whose effect is confined to the ship, ordinarily are not subjected to interference at the hands of another state in whose ports it is temporarily present, 2 Moore, Int.Law. Dig., p. 292; United States v. Rodgers, 150 U. S. 249, 150 U. S. 260; Wildenhus' Case, 120 U. S. 1, 120 U. S. 12; and, as said by Chief Justice Marshall, in Murray v. Schooner Charming Betsy, 2 Cranch 64, 118: " . . . An act of Congress ought never to be construed to violate the law of nations if any other possible construction remains. . . ."

That the government has full power under the Volstead Act to prevent the landing or transshipment from foreign vessels of intoxicating liquors or their use in our ports is not doubted, and therefore it may provide for such assurances and safeguards as it may deem necessary to those ends. Nor do I doubt the power of Congress to do all that the Court now holds has been done by that act, but such power exists not under the Eighteenth Amendment, to whose provisions the act is confined, but by virtue of other provisions of the Constitution, which Congress here has not attempted to exercise. With great deference to the contrary conclusion of the Court, due regard for the principles of international comity, which exists between friendly nations, in my opinion, forbids the construction of the Eighteenth Amendment and of the act which the present decision advances. Moreover, the Eighteenth Amendment, it must not be forgotten, confers concurrent power of enforcement upon the several states, and it follows that, if the general government possesses the power here claimed for it under that amendment, the several states within their respective boundaries, possess the same power. It does not seem possible to me that Congress, in submitting the amendment or the several states in adopting it, could have intended to vest in the various seaboard states a power so intimately connected with our foreign relations and whose exercise might result in international confusion and embarrassment.

In adopting the Eighteenth Amendment and in enacting the Volstead Act, the question of their application to foreign vessels in the circumstances now presented does not appear to have been in mind. If, upon consideration, Congress shall conclude that, when such vessels, in good faith carrying liquor among their sea stores, come temporarily into our ports, their officers should, ipso facto, become liable to drastic punishment and the ships themselves subject to forfeiture, it will be a simple matter for that body to say so in plain terms. But interference with the purely internal affairs of a foreign ship is of so delicate a nature, so full of possibilities of international misunderstandings, and so likely to invite retaliation that an affirmative conclusion in respect thereof should rest upon nothing less than the clearly expressed intention of Congress to that effect, and this I am unable to find in the legislation here under review.

The paper also noted the death of Emerson Hough, author and conservationist.  Hough had started off as a lawyer, which had taken him to New Mexico, before becoming a professional writer, which is what he did for most of his career.

And it noted the mayor of Powder River had died.  Powder River no longer has a mayor, and is now an unincorporated very small town.

IRA Chief of Staff officially called a ceasefire in the Irish Civil War and called on his troops to relinquish their weapons, effectively amounting to a surrender.

Washington, D. C. experienced a major flood.

Friday, April 20, 1923. End of the Irish Civil War.

The Irish Civil War ends with the elevation of Frank Aiken to Chief of Staff of the Irish Republican Army and the vote of the Executive Board to halt further action.

Prohibition failed to secure passage in Parliament.

The pro Nazi journal Der Stürmer was first published.

Linked directly in from Twitter's Old Ireland In Color.  Is it a sign of having a bad day to look at that and be envious to the point of "gee, I wish that was me?"

Wednesday, April 11, 1923. Forgotten islands, forgotten roles.

Laysan Island, April 11, 1923.  It's a Hawaiian Island.

U.S. Commerce Secretary Herbert Hoover addressed the League of Women's Voters and advocated participating in the World Court.

Hoover, truly, was a great man.  Like the song "Those Were The Days" held, we really could use a "man like Herbert Hoover again."

News reports on the capture of the ill-fated, and perhaps ill-advised Liam Lynch, started hitting the press.

Former Congressman Thomas F. Smith, age 57, was hit by a taxicab crossing 14th Street in New York City after leaving his office in Tammany Hall, and was killed.

Laysan Island.  It's only a little over one acre. The interior lake is three times as saline as the ocean.

Tuesday, April 10, 1923. End of the Irish Civil War.

The Chief of Staff of the Irish Republican Army, Gen. Liam Lynch, was fatally wounded in an ambush by the Irish Free State National Army in the Knockmealdown Mountains.

Lynch's party was fleeing a Free State unit to start with when it ran into the ambush.  His death brought about the effective end of the Irish Civil War, which the IRA was already losing.  His successor, Frank Aiken, gave the order to cease operations twenty days later.

Lynch was provided with a Priest and a doctor upon being captured, at his request, noting that he was dying.  He was 30 years old.

The Conservative government of British Prime Minister Bonar Law fell in a suddenly called vote of no confidence.

Clerks of the Department of the Interior enjoyed a break:

Letter to the soldiers of Coroticus

Letter to the soldiers of Coroticus

I declare that I, Patrick, – an unlearned sinner indeed – have been established a bishop in Ireland. I hold quite certainly that what I am, I have accepted from God. I live as an alien among non-Roman peoples, an exile on account of the love of God – he is my witness that this is so. It is not that I would choose to let anything so blunt and harsh come from my mouth, but I am driven by the zeal for God. And the truth of Christ stimulates me, for love of neighbours and children: for these, I have given up my homeland and my parents, and my very life to death, if I am worthy of that. I live for my God, to teach these peoples, even if I am despised by some.

With my own hand I have written and put together these words to be given and handed on and sent to the soldiers of Coroticus. I cannot say that they are my fellow-citizens, nor fellow-citizens of the saints of Rome, but fellow-citizens of demons, because of their evil works. By their hostile ways they live in death, allies of the apostate Scots and Picts. They are blood-stained: blood-stained with the blood of innocent Christians, whose numbers I have given birth to in God and confirmed in Christ.

The newly baptised and anointed were dressed in white robes; the anointing was still to be seen clearly on their foreheads when they were cruelly slain and sacrificed by the sword of the ones I referred to above. On the day after that, I sent a letter by a holy priest (whom I had taught from infancy), with clerics, to ask that they return to us some of the booty or of the baptised prisoners they had captured. They scoffed at them.

So I don't know which is the cause of the greatest grief for me: whether those who were slain, or those who were captured, or those whom the devil so deeply ensnared. They will face the eternal pains of Gehenna equally with the devil; because whoever commits sin is rightly called a slave and a son of the devil.

For this reason, let every God-fearing person know that those people are alien to me and to Christ my God, for whom I am an ambassador: father-slayers, brother-slayers, they are savage wolves devouring the people of God as they would bread for food. It is just as it is said: ‘The wicked have routed your law, O Lord’ – the very law which in recent times he so graciously planted in Ireland and, with God's help, has taken root.

I am not forcing myself in where I have no right to act. I have a part with those whom God called and destined to preach the gospel, even in persecutions which are no small matter, to the very ends of the earth. This is despite the malice of the Enemy through the tyranny of Coroticus, who respects neither God, nor his priests whom God chose and granted the divine and sublime power that whatever they would bind upon earth would be bound also in the heavens.

Therefore I ask most of all that all the holy and humble of heart should not fawn on such people, nor even share food or drink with them, nor accept their alms, until such time as they make satisfaction to God in severe penance and shedding of tears, and until they set free the men-servants of God and the baptised women servants of Christ, for whom he died and was crucified.

The Most High does not accept the gifts of evildoers. The one who offers a sacrifice taken from what belongs to the poor is like one who sacrifices a child in the very sight of the child's father. Riches, says Scripture, which a person gathers unjustly, will be vomited out of that person's stomach. The angel of death will drag such a one away, to be crushed by the anger of dragons. Such a one will the tongue of a serpent slay, and the fire which cannot be extinguished will consume. And Scripture also says: ‘Woe to those who fill themselves with what does not belong to them’. And: ‘What does it profit a person to gain the whole world and yet suffer the loss of his or her soul?’

It would take a long time to discuss or refer one by one, and to gather from the whole law all that is stated about such greed. Avarice is a deadly crime. Do not covet your neighbour's goods. Do not kill. The murderer can have no part with Christ. Whoever hates a brother is guilty of homicide. Also: Whoever does not love a brother remains in death. How much more guilty is the one who stained his hands in the blood of the children of God, who God only lately acquired in the most distant parts of the earth through the encouragement of one as unimportant as I am!

Surely it was not without God, or simply out of human motives, that I came to Ireland! Who was it who drove me to it? I am so bound by the Spirit that I no longer see my own kindred. Is it just from myself that comes the holy mercy in how I act towards that people who at one time took me captive and slaughtered the men and women servants in my father's home? In my human nature I was born free, in that I was born of a decurion father. But I sold out my noble state for the sake of others – and I am not ashamed of that, nor do I repent of it. Now, in Christ, I am a slave of a foreign people, for the sake of the indescribable glory of eternal life which is in Christ Jesus our Lord.

If my own people do not recognise me, still no prophet is honoured in his own country. Could it be that we are not of the one sheepfold, nor that we have the one God as our Father? As Scripture says: ‘Whoever is not with me is against me’; and ‘whoever does not gather with me, scatters’. But it is not right that one destroys while another builds. I do not seek what is mine: it is not my own grace, but God who put this concern in my heart, that I would be one of the hunters or fishers whom God at one time foretold would be here in the final days.

They watch me with malice. What am I to do, Lord? I am greatly despised. See – your sheep around me are mangled and preyed upon, and this by the thieves I mentioned before, at the bidding of the evil-minded Coroticus. He is far from the love of God, who betrays Christians into the hands of Scots and Picts. Greedy wolves have devoured the flock of the Lord, which was flourishing in Ireland under the very best of care – I just can't count the number of sons of Scots and daughters of kings who are now monks and virgins of Christ. So the injuries done to good people will not please you – even in the very depths it will not please.

Who among the holy people would not be horrified to take pleasure or to enjoy a banquet with such people? They have filled their homes with what they stole from dead Christians; they live on what they plundered. These wretched people don't realise that they offer deadly poison as food to their friends and children. It is just like Eve, who did not understand that it was really death that she offered her man. This is how it is with those who do evil: they work for death as an everlasting punishment.

The Christians of Roman Gaul have the custom of sending holy and chosen men to the Franks and to other pagan peoples with so many thousands in money to buy back the baptised who have been taken prisoner. You, on the other hand, kill them, and sell them to foreign peoples who have no knowledge of God. You hand over the members of Christ as it were to a brothel. What hope have you in God? Who approves of what you do, or who ever speaks words of praise? God will be the judge, for it is written: ‘Not only the doers of evil, but also those who go along with it, are to be condemned’.

I do not know what to say, or how I can say any more, about the children of God who are dead, whom the sword has touched so cruelly. All I can do is what is written: ‘Weep with those who weep’; and again: ‘If one member suffers pain, let all the members suffer the pain with it’.[Nota] This is why the church mourns and weeps for its sons and daughters whom the sword has not yet slain, but who were taken away and exported to far distant lands, where grave sin openly flourishes without shame, where freeborn people have been sold off, Christians reduced to slavery: slaves particularly of the lowest and worst of the apostate Picts.

That is why I will cry aloud with sadness and grief: O my fairest and most loving brothers and sisters whom I begot without number in Christ, what am I to do for you? I am not worthy to come to the aid either of God or of human beings. The evil of evil people has prevailed over us.We have been made as if we were complete outsiders. Can it be they do not believe that we have received one and the same Baptism, or that we have one and the same God as father. For them, it is a disgrace that we are from Ireland. Remember what Scripture says: ‘Do you not have the one God? Then why have you each abandoned your neighbour?’

That is why I grieve for you; I grieve for you who are so very dear to me. And yet I rejoice within myself: I have not worked for nothing; my wanderings have not been in vain. This unspeakably horrifying crime has been carried out. But, thanks to God, you who are baptised believers have moved on from this world to paradise. I see you clearly: you have begun your journey to where there is no night, nor sorrow, nor death, any more. Rather, you leap for joy, like calves set free from chains, and you tread down the wicked, and they will be like ashes under your feet.

And so, you will reign with apostles and prophets and martyrs. You will take possession of an eternal kingdom, as he (Christ) testifies in these words: ‘They will come from the east and from the west, and they will recline at the table with Abraham and Isaac and Jacob in the kingdom of the heavens. Left outside are dogs and sorcerers and murderers; with the lying perjurers, their lot is in the pool of eternal fire’. It is not without cause that the apostle says: ‘If it is the case that a just person can be saved only with difficulty, where will the sinner and the irreverent transgressor of the law find himself?’

So where will Coroticus and his villainous rebels against Christ find themselves – those who divide out defenceless baptised women as prizes, all for the sake of a miserable temporal kingdom, which will pass away in a moment of time. Just as cloud of smoke is blown away by the wind, that is how deceitful sinners will perish from the face of the Lord. The just, however, will banquet in great constancy with Christ. They will judge nations, and will rule over evil kings for all ages. Amen.

I bear witness before God and his angels that it will be as he made it known to one of my inexperience. These are not my own words which I have put before you in Latin; they are the words of God, and of the apostles and prophets, who have never lied. ‘Anyone who believes will be saved; anyone who does not believe will be condemned’ – God has spoken.

I ask insistently whatever servant of God is courageous enough to be a bearer of these messages, that it in no way be withdrawn or hidden from any person. Quite the opposite – let it be read before all the people, especially in the presence of Coroticus himself. If this takes place, God may inspire them to come back to their right senses before God. However late it may be, may they repent of acting so wrongly, the murder of the brethren of the Lord, and set free the baptised women prisoners whom they previously seized. So may they deserve to live for God, and be made whole here and in eternity. Peace to the Father and the Son and the Holy Spirit. Amen.

Patrick, Bishop of Ireland.

Wednesday, March 17, 1943. St. Patrick's Day Speech, Japanese Murder of Missionaries.

Plures efficimur, quotiens metimur a vobis: semen est sanguis Christianorum.

Tertullian.

The Japanese destroyer Akikaze Maru took 39 mostly German Catholic missionaries, from the island of Kairiru.  Eighteen of those were nuns, six were priests, and one was a Bishop.  Included was a Chinese woman and her two children.

The ship then proceeded to Manus Island and picked up an additional 20 individuals, again mostly German, most of whom were Protestant in that case.  Outside of the Germans picked up there, there was one Hungarian missionary and some Chinese civilians, six of whom were women.  

The commander of the ship, Lt. Commander Tsurukichi Sabe took steps to care for the prisoners and assumed they'd be offloaded at New Britain, but at Kavieng, where he next put in, he received orders to murder all of them, which took place on March 18th.

On the 18th, the ship's crew killed them over a three-hour period, dumping their bodies in the sea.  Most were shot, but some children were simply thrown in the sea.

The ship would be sunk by a submarine when it intercepted torpedoes fired at the Jun'yō, an aircraft carrier, on November 3, 1944, going down with all hands including, of course, all those still living who had participated in the murder.

Why did this happen? All we can really say is that it wasn't atypical for the Japanese. The Germans and other Europeans were just that, Europeans. The Chinese were Japanese enemies.  Killing them all was a pretty Japanese approach to things.

In spite of cooperating with Germany in the export of Jewish residents of Yugoslavia, the Bulgarian parliament balked on plans to do the same in Bulgaria and refused to allow Bulgarian Jews to be taken out of the country to their deaths, thus saving them.  It might be noted that the actions taken by the Bulgarian Army in Macedonia and Thrace were not parliamentary directives, so here too, in spit of being an Axis ally, the parliament was not like so many German allies and willing to follow the Germans into murder.

Irish Prime Minister Eamon de Valera delivered his The Ireland We Dreamed Of speech on the radio, in which he stated:

The ideal Ireland that we would have, the Ireland that we dreamed of, would be the home of a people who valued material wealth only as a basis for right living, of a people who, satisfied with frugal comfort, devoted their leisure to the things of the spirit – a land whose countryside would be bright with cosy homesteads, whose fields and villages would be joyous with the sounds of industry, with the romping of sturdy children, the contest of athletic youths and the laughter of happy maidens, whose firesides would be forums for the wisdom of serene old age. 

The home, in short, of a people living the life that God desires that men should live. 

With the tidings that make such an Ireland possible, St. Patrick came to our ancestors fifteen hundred years ago promising happiness here no less than happiness hereafter. It was the pursuit of such an Ireland that later made our country worthy to be called the island of saints and scholars. It was the idea of such an Ireland – happy, vigorous, spiritual – that fired the imagination of our poets; that made successive generations of patriotic men give their lives to win religious and political liberty; and that will urge men in our own and future generations to die, if need be, so that these liberties may be preserved. 

One hundred years ago, the Young Irelanders, by holding up the vision of such an Ireland before the people, inspired and moved them spiritually as our people had hardly been moved since the Golden Age of Irish civilisation. 

Fifty years later, the founders of the Gaelic League similarly inspired and moved the people of their day. 

So, later, did the leaders of the Irish Volunteers.

We of this time, if we have the will and active enthusiasm, have the opportunity to inspire and move our generation in like manner. We can do so by keeping this thought of a noble future for our country constantly before our eyes, ever seeking in action to bring that future into being, and ever remembering that it is for our nation as a whole that future must be sought.

The Washington Bears won the World Professional Basketball tournament, prevailing over the Oshkosh All Stars.  The Bears were an all black team.

Friday, March 16, 1923. The Covered Wagon, Irish fun suckers, Weird airplanes.

The Covered Wagon appeared in theaters.

Odd to think of, but there were people living who had crossed the West, as very young people, at the time.

The IRA threatened to bomb the La Scala Opera House in Dublin on St. Patrick's Day if a boxing match between Mike McTigue and Battling Siki went forwards as scheduled.

What a bunch of fun suckers.

This exceedingly weird aircraft was photographed:

Sunday, March 11, 1923. Wrongful arrests.

100 members of the Irish Self Determination League were arrested in London, Glasgow and Liverpool, and subsequently deported to Ireland at Ireland's request.

Members of the League, which opposed the Anglo-Irish Treaty, even though the treaty had incorporated Irish self-determination, were either Irish by descent or birth. They subsequently sued and won on the basis that their deportations had been illegal.

Wednesday, March 7, 1923. Atrocity

Local Irish Free State officials and the Irish Army executed eight inmates at Ballyseedy in County Kerry by taking them to a crossroad that had been mined and tying them together, which was obviously a reprisal, and a sick one at that.  Survivors, save for Stephen Fuller, were shot by the Irish Army.  Stephen Fuller somehow escaped when he was blown free and crawled to safety. Rescuers took him to the home of Charlie Daly the following day, where he hid in a dug out.  He was found there by Dr. Edmond Shanahan who treated him for his injuries while he remained in hiding.

The perpetrators of the atrocity immediately covered it up.  Fuller later went on to be a member of the Dáil, where he never mentioned it as he didn't want it to become an issue and inspire renewed hatred.

Hitler expressed his support for a Henry Ford Presidential run to the Chicago Tribune.  Hitler and Ford were both antiSemites and Ford's newspaper The Dearborn Independent had published Nazi antisemitic writings

Tuesday, March 6, 1923. The Halibut Treaty. Formation of the Egyptian Feminist Unioin (الاتحاد النسائي المصري), Irish blood borthers.

Canada and the United States signed the Convention for the Preservation of Halibut Fishery of the Northern Pacific Ocean, referred to commonly as the "Halibut Treaty".  It was the first treaty Canada signed without involving the United Kingdom.  The environmental treaty was a pioneering treat regulating the fishing of halibut.

Halibut are just about the tastiest fish ever.

Alaska fishermen cleaning halibut.

In some unrealistic alternative version of me, in the summer I travel to Alaska to fish for salmon and halibut, before working my way south through the Yukon and Alberta to catch the early game seasons there, before returning to the Cowboy State.  Due to multiple citizenship, I'd never touch a foreign land.

But, in reality, Monday through Friday I'll be in my office.

On the same day, German Chancellor Cuno told the Reichstag, smarting over the Belgian and French (the Belgian part is typically forgotten) armed occupation of the Ruhr, that Germany would not negotiate with the French directly, but only through an intermediary.

While the French and Belgian occupation of the Ruhr is now nearly universally condemned, it should be recalled that the two Francophone countries had seen substantial armed occupation at the hands of a non-repentant Germany, which in both instances had killed civilians in ways that would foreshadow the Second World War.  Had the French simply remained in the Ruhr, it might be recalled, or enforced their treaty rights at the time that the Germans under Hitler reoccupied it, the Second World War would not have occurred.

British Prime Minister Bonar Law, for his part, was being pressured on the same day to form a more definitive stance to the situation.

The Egyptian Feminist Union  (الاتحاد النسائي المصري),  was founded at the home of Egyptian activist Huda Sha'arawi.

تأسس الاتحاد النسائي المصري في منزل الناشطة المصرية هدى شعراوي.

It still exists.

Five Irish soldiers were killed by a Republican booby trap at Baranarigh Wood in Kerry.  The following day a bloody reprisal was carried out by the Free State against nine IRA prisoners.

Pilots of the United States Army Air Corps posed for this photograph:

Dapper men in an extremely dangerous job.

Children had fun with an elephant in Miami, before fun suckers took the joy out of all such things, and out of much of daily life as well.

Tuesday, February 23, 1943. Tragedy in County Cavan and Converse County, Retreat in North Africa, Steel Pennies, Red Army General deaths.

 A B-17 crashed between Glenrock and Douglas on this day in 1943.  More specifically, B-17F 42-5102 crashed, with the loss of the entire crew of ten, 28 miles east of Casper.

A marker is planned for this site.

Air disasters during training happened at what would now be regarded as a horrific rate.

The Afrika Korps, overextended, began to withdraw back through the Kasserine Pass.  Rommel's decision to commence withdrawing was objected to by his senior officers at first.

Rommel addressing German troops riding in a captured American M3 halftrack.  By Bundesarchiv, Bild 146-1990-071-31 / CC-BY-SA 3.0, CC BY-SA 3.0 de, https://commons.wikimedia.org/w/index.php?curid=5419522

His decision was correct, but telling. The attack had been largely successful up to the day prior, but now with a change of command and facing growing Allied firepower and superior logistics, the advance was effectively ended and now the battle's gain were about to turn into losses. This could be said of the entire North African effort, and for that matter, the entire German war effort at this point.

Steel pennies were first stamped, and then put in circulation on February 27.  The act was to save copper and was not popular.

Ukrainian born Lt. Gen. Grigory Kravchenko, age 30, fighter ace and twice Hero of the Soviet Union, was shot down and subsequently died from his injuries when his parachute failed to open.  He'd grown up in Kazakhstan after being born in Ukraine.

Soviet Major General M.M. Shaimuratov, died following his brutal torture by Cossacks serving under German command.  He was a Tartar cavalryman who had first joined the Red Army in 1919.

A terrible fire at the St. Joseph's Orphanage in County Cavan, Ireland, resulted in the death of 35 girls and one adult. The fire which occurred in the very early morning hours was not detected until it was advanced.

The girls who perished ranged from 7 to 15 years of age.

Friday, January 5, 1973. Airport Screening makes its US debut.

Mandatory screening of airline passengers went into effect in the United States.

Salt Lake City Airport.

The Canadian Parliament unanimously condemned the 1972 "Christmas" bombing of North Vietnam by the United States.  This infuriated President Nixon, who was otherwise busy with an Executive Order designed to reorganize the Federal Government and cut the number of White House staff, 4,000, in half.

Mali and Niger broke diplomatic relations with Israel and the Netherlands recognized German Democratic Republic, i.e., East Germany.

The Republic of Ireland amended its constitution removing the "special position" of the Catholic Church, making reference to other religions present in Ireland, and reducing the voting age from 21 to 18.  The special position had been resisted by the Catholic Church at the onset of its inclusion but included due to the insistence and influence of Éamon de Valera.

Joe Biden was sworn in as Senator from Delaware at a chapel at the Wilmington, Delaware hospital where one of his sons was hospitalized following a December 18 accident that killed Biden's first wife and his daughter.

Aerosmith released its first album, which was called Aerosmith.  On the same day, Bruce Springsteen released his famous debut studio album, Greetings from Ashbury Park, N.J.  Both albums showed an evolution away from the Rock & Roll of the 1960s.

Monday, January 1, 1973. Economic matters.

The United Kingdom, Ireland, and Denmark entered the European Economic Community.

The addition of the UK in particular would have global economic impacts, as it seriously undercut the economic arrangement of the British Commonwealth.

The EEC was the predecessor to the EU, which of course the UK left recently.

I can very dimly recall this news story from when I was a kid.

Exxon came into being with the merger of Standard Oil and Humble Oil.

The Rose Bowl was of course played, with the USC Trojans beating the Ohio State Buckeyes.

Zambia officially became a one party state.

Sergei Kourdakov, age 21, who had been a KGB officer who had been involved in raids on Christian communities, but then converted to Christianity as a result of the reading material he found in them, and then defected to Canada, was found dead from a gunshot wound in a ski resort hotel in Canada. The firearm was his own and the death was ruled accidental, but suspicions remain regarding it.

Wednesday, December 6, 1922. The King proclaims the Free State.

 A proclamation by King George V officially established the Irish Free State.

The king remained, of course, the king for Ireland as well.

Tuesday, December 5, 1922. Ireland Free.

Following up on the House of Lords, the House of Commons voted to approve the Constitution of the Irish Free State.  The King gave assent to the same at 6:00 that evening, thereby making the Irish Free State an independent state within the British Commonwealth of Nations with dominion status.

Ulster was given thirty days to determine if it would become part of the Free State or not.

The Constitution stated:

Article 1.

The Irish Free State (otherwise hereinafter called or sometimes called Saorstát Eireann) is a co-equal member of the Community of Nations forming the British Commonwealth of Nations.

Article 2.

All powers of government and all authority, legislative, executive, and judicial, in Ireland are derived from the people of Ireland, and the same shall be exercised in the Irish Free State (Saorstát Eireann) through the organisations established by or under, and in accord with, this Constitution.

Article 3.

Every person, without distinction of sex, domiciled in the area of the jurisdiction of the Irish Free State (Saorstát Eireann) at the time of the coming into operation of this Constitution, who was born in Ireland or either of whose parents was born in Ireland or who has been ordinarily resident in the area of the jurisdiction of the Irish Free State (Saorstát Eireann) for not less than seven years, is a citizen of the Irish Free State (Saorstát Eireann) and shall within the limits of the jurisdiction of the Irish Free State (Saorstát Eireann) enjoy the privileges and be subject to the obligations of such citizenship: Provided that any such person being a citizen of another State may elect not to accept the citizenship hereby conferred; and the conditions governing the future acquisition and termination of citizenship in the Irish Free State (Saorstát Eireann) shall be determined by law.

Article 4.

The National language of the Irish Free State (Saorstát Eireann) is the Irish language, but the English language shall be equally recognised as an official language. Nothing in this Article shall prevent special provisions being made by the Parliament of the Irish Free State (otherwise called and herein generally referred to as the “Oireachtas”) for districts or areas in which only one language is in general use.

Article 5.

No title of honour in respect of any services rendered in or in relation to the Irish Free State (Saorstát Eireann) may be conferred on any citizen of the Irish Free State (Saorstát Eireann) except with the approval or upon the advice of the Executive Council of the State.

Article 6.

The liberty of the person is inviolable, and no person shall be deprived of his liberty except in accordance with law. Upon complaint made by or on behalf of any person that he is being unlawfully detained, the High Court and any and every judge thereof shall forthwith enquire into the same and may make an order requiring the person in whose custody such person shall be detained to produce the body of the person so detained before such Court or judge without delay, and to certify in writing as to the cause of the detention and such Court or judge shall thereupon order the release of such person unless satisfied that he is being detained in accordance with the law:

Provided, however, that nothing in this Article contained shall be invoked to prohibit, control or interfere with any act of the military forces of the Irish Free State (Saorstát Eireann) during the existence of a state of war or armed rebellion.

Article 7.

The dwelling of each citizen is inviolable and shall not be forcibly entered except in accordance with law.

Article 8.

Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.

Article 9.

The right of free expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality. Laws regulating the manner in which the right of forming associations and the right of free assembly may be exercised shall contain no political, religious or class distinction.

Article 10.

All citizens of the Irish Free State (Saorstát Eireann) have the right to free elementary education.

Article 11.

All the lands and waters, mines and minerals, within the territory of the Irish Free State (Saorstát Eireann) hitherto vested in the State, or any department thereof, or held for the public use or benefit, and also all the natural resources of the same territory (including the air and all forms of potential energy), and also all royalties and franchises within that territory shall, from and after the date of the coming into operation of this Constitution, belong to the Irish Free State (Saorstát Eireann), subject to any trusts, grants, leases or concessions then existing in respect thereof, or any valid private interest therein, and shall be controlled and administered by the Oireachtas, in accordance with such regulations and provisions as shall be from time to time approved by legislation, but the same shall not, nor shall any part thereof, be alienated, but may in the public interest be from time to time granted by way of lease or licence to be worked or enjoyed under the authority and subject to the control of the Oireachtas: Provided that no such lease or licence may be made for a term exceeding ninety-nine years, beginning from the date thereof, and no such lease or licence may be renewable by the terms thereof.

Article 12.

A Legislature is hereby created, to be known as the Oireachtas. It shall consist of the King and two Houses, the Chamber of Deputies (otherwise called and herein generally referred to as “Dáil Eireann”) and the Senate (otherwise called and herein generally referred to as “Seanad Eireann”). The sole and exclusive power of making laws for the peace, order and good government of the Irish Free State (Saorstát Eireann) is vested in the Oireachtas.

Article 13.

The Oireachtas shall sit in or near the city of Dublin or in such other place as from time to time it may determine.

Article 14.

All citizens of the Irish Free State (Saorstát Eireann) without distinction of sex, who have reached the age of twenty-one years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of Dáil Eireann, and to take part in the Referendum and Initiative. All citizens of the Irish Free State (Saorstát Eireann) without distinction of sex who have reached the age of thirty years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of Seanad Eireann. No voter may exercise more than one vote at an election to either House, and the voting shall be by secret ballot. The mode and place of exercising this right shall be determined by law.

Article 15.

Every citizen who has reached the age of twenty-one years and who is not placed under disability or incapacity by the Constitution or by law shall be eligible to become a member of Dáil Eireann.

Article 16.

No person may be at the same time a member both of Dáil Eireann and of Seanad Eireann, and if any person who is already a member of either House is elected to be a member of the other House, he shall forthwith be deemed to have vacated his first seat.

Article 17.

The oath to be taken by members of the Oireachtas shall be in the following form:—

I _______________ do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H. M. King George V., his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.

Such oath shall be taken and subscribed by every member of the Oireachtas before taking his seat therein before the Representative of the Crown or some other person authorised by him.

Article 18.

Every member of the Oireachtas shall, except in case of treason, felony, or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of either House, and shall not, in respect of any utterance in either House, be amenable to any action or proceeding in any Court other than the House itself.

Article 19.

All official reports and publications of the Oireachtas or of either House thereof shall be privileged, and utterances made in either House wherever published shall be privileged.

Article 20.

Each House shall make its own Rules and Standing Orders, with power to attach penalties for their infringement and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

Article 21.

Each House shall elect its own Chairman and Deputy Chairman, and shall prescribe their powers, duties, remuneration, and terms of office.

Article 22.

All matters in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present other than the Chairman or presiding member, who shall have and exercise a casting vote in the case of an equality of votes. The number of members necessary to constitute a meeting of either House for the exercise of its powers shall be determined by its Standing Orders.

Article 23.

The Oireachtas shall make provision for the payment of its members, and may in addition provide them with free travelling facilities to any part of Ireland.

Article 24.

The Oireachtas shall hold at least one session each year. The Oireachtas shall be summoned and dissolved by the Representative of the Crown in the name of the King and subject as aforesaid Dáil Eireann shall fix the date of re-assembly of the Oireachtas and the date of the conclusion of the session of each House: Provided that the sessions of Seanad Eireann shall not be concluded without its own consent.

Article 25.

Sittings of each House of the Oireachtas shall be public. In cases of special emergency either House may hold a private sitting with the assent of two-thirds of the members present.

Article 26.

Dáil Eireann shall be composed of members who represent constituencies determined by law. The number of members shall be fixed from time to time by the Oireachtas, but the total number of members of Dáil Eireann (exclusive of members for the Universities) shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population: Provided that the proportion between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as possible, be identical throughout the country. The members shall be elected upon principles of Proportional Representation. The Oireachtas shall revise the constituencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of Dáil Eireann sitting when such revision is made.

Article 27.

Each University in the Irish Free State (Saorstát Eireann), which was in existence at the date of the coming into operation of this Constitution, shall be entitled to elect three representatives to Dáil Eireann upon a franchise and in a manner to be prescribed by law.

Article 28.

At a General Election for Dáil Eireann the polls (exclusive of those for members for the Universities) shall be held on the same day throughout the country, and that day shall be a day not later than thirty days after the date of the dissolution, and shall be proclaimed a public holiday. Dáil Eireann shall meet within one month of such day, and shall, unless earlier dissolved, continue for four years from the date of its first meeting, and not longer. Dáil Eireann may not at any time be dissolved except on the advice of the Executive Council.

Article 29.

In case of death, resignation or disqualification of a member of Dáil Eireann, the vacancy shall be filled by election in manner to be determined by law.

Article 30.

Seanad Eireann shall be composed of citizens who shall be proposed on the grounds that they have done honour to the Nation by reason of useful public service or that, because of special qualifications or attainments, they represent important aspects of the Nation's life.

Article 31.

The number of members of Seanad Eireann shall be sixty. A citizen to be eligible for membership of Seanad Eireann must be a person eligible to become a member of Dáil Eireann, and must have reached the age of thirty-five years. Subject to any provision for the constitution of the first Seanad Eireann the term of office of a member of Seanad Eireann shall be twelve years.

Article 32.

One-fourth of the members of Seanad Eireann shall be elected every three years from a panel constituted as hereinafter mentioned at an election at which the area of the jurisdiction of the Irish Free State (Saorstát Eireann) shall form one electoral area, and the elections shall be held on principles of Proportional Representation.

Article 33.

Before each election of members of Seanad Eireann a panel shall be formed consisting of:—

(a) Three times as many qualified persons as there are members to be elected, of whom two-thirds shall be nominated by Dáil Eireann voting according to principles of Proportional Representation and one-third shall be nominated by Seanad Eireann voting according to principles of Proportional Representation; and

(b) Such persons who have at any time been members of Seanad Eireann (including members about to retire) as signify by notice in writing addressed to the President of the Executive Council their desire to be included in the panel.

The method of proposal and selection for nomination shall be decided by Dáil Eireann and Seanad Eireann respectively, with special reference to the necessity for arranging for the representation of important interests and institutions in the country: Provided that each proposal shall be in writing and shall state the qualifications of the person proposed and that no person shall be proposed without his own consent. As soon as the panel has been formed a list of the names of the members of the panel arranged in alphabetical order with their qualifications shall be published.

Article 34.

In case of the death, resignation or disqualification of a member of Seanad Eireann his place shall be filled by a vote of Seanad Eireann. Any member of Seanad Eireann so chosen shall retire from office at the conclusion of the three years period then running and the vacancy thus created shall be additional to the places to be filled under Article 32 of this Constitution. The term of office of the members chosen at the election after the first fifteen elected shall conclude at the end of the period or periods at which the member or members of Seanad Eireann, by whose death or withdrawal the vacancy or vacancies was or were originally created, would be due to retire: Provided that the sixteenth member shall be deemed to have filled the vacancy first created in order of time and so on.

Article 35.

Dáil Eireann shall in relation to the subject matter of Money Bills as hereinafter defined have legislative authority exclusive of Seanad Eireann.

A Money Bill means a Bill which contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; subordinate matters incidental to those subjects or any of them. In this definition the expressions “taxation,” “public money” and “loan” respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

The Chairman of Dáil Eireann shall certify any Bill which in his opinion is a Money Bill to be a Money Bill, but, if within three days after a Bill has been passed by Dáil Eireann two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, the question whether the Bill is or is not a Money Bill shall be referred to a Committee of Privileges consisting of three members elected by each House with a Chairman who shall be the senior judge of the Supreme Court able and willing to act, and who, in the case of an equality of votes, but not otherwise, shall be entitled to vote. The decision of the Committee on the question shall be final and conclusive.

Article 36.

Dáil Eireann shall as soon as possible after the commencement of each financial year consider the Estimates of receipts and expenditure of the Irish Free State (Saorstát Eireann) for that year, and, save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

Article 37.

Money shall not be appropriated by vote, resolution or law, unless the purpose of the appropriation has in the same session been recommended by a message from the Representative of the Crown acting on the advice of the Executive Council.

Article 38.

Every Bill initiated in and passed by Dáil Eireann shall be sent to Seanad Eireann and may, unless it be a Money Bill, be amended in Seanad Eireann and Dáil Eireann shall consider any such amendment; but a Bill passed by Dáil Eireann and considered by Seanad Eireann shall, not later than two hundred and seventy days after it shall have been first sent to Seanad Eireann, or such longer period as may be agreed upon by the two Houses, be deemed to be passed by both Houses in the form in which it was last passed by Dáil Eireann: Provided that every Money Bill shall be sent to Seanad Eireann for its recommendations and at a period not longer than twenty-one days after it shall have been sent to Seanad Eireann, it shall be returned to Dáil Eireann which may pass it, accepting or rejecting all or any of the recommendations of Seanad Eireann, and as so passed or if not returned within such period of twenty-one days shall be deemed to have been passed by both Houses. When a Bill other than a Money Bill has been sent to Seanad Eireann a Joint Sitting of the Members of both Houses may on a resolution passed by Seanad Eireann be convened for the purpose of debating, but not of voting upon, the proposals of the Bill or any amendment of the same.

Article 39.

A Bill may be initiated in Seanad Eireann and if passed by Seanad Eireann shall be introduced into Dáil Eireann. If amended by Dáil Eireann the Bill shall be considered as a Bill initiated in Dáil Eireann. If rejected by Dáil Eireann it shall not be introduced again in the same session, but Dáil Eireann may reconsider it on its own motion.

Article 40.

A Bill passed by either House and accepted by the other House shall be deemed to be passed by both Houses.

Article 41.

So soon as any Bill shall have been passed or deemed to have been passed by both Houses, the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's assent, and such Representative may withhold the King's assent or reserve the Bill for the signification of the King's pleasure: Provided that the Representative of the Crown shall in the withholding of such assent to or the reservation of any Bill, act in accordance with the law, practice, and constitutional usage governing the like withholding of assent or reservation in the Dominion of Canada.

A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's Assent, the Representative of the Crown signifies by speech or message to each of the Houses of the Oireachtas, or by proclamation, that it has received the Assent of the King in Council.

An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State (Saorstát Eireann).

Article 42.

As soon as may be after any law has received the King's assent, the clerk, or such officer as Dáil Eireann may appoint for the purpose, shall cause two fair copies of such law to be made, one being in the Irish language and the other in the English language (one of which copies shall be signed by the Representative of the Crown to be enrolled for record in the office of such officer of the Supreme Court as Dáil Eireann may determine), and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so deposited, that signed by the Representative of the Crown shall prevail.

Article 43.

e Oireachtas shall have no power to declare acts to be infringements of the law which were not so at the date of their commission.

Article 44.

The Oireachtas may create subordinate legislatures with such powers as may be decided by law.

Article 45.

The Oireachtas may provide for the establishment of Functional or Vocational Councils representing branches of the social and economic life of the Nationa. A law establishing any such Council shall determine its powers, rights and duties, and its relation to the government of the Irish Free State (Saorstát Eireann).

Article 46.

The Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State (Saorstát Eireann) and every such force shall be subject to the control of the Oireachtas.

Article 47.

Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of Dáil Eireann or of a majority of the members of Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall in accordance with regulations to be made by the Oireachtas be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of Seanad Eireann assented to by three-fifths of the members of Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people by a majority of the votes recorded on such Referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.

Article 48.

The Oireachtas may provide for the Initiation by the people of proposals for laws or constitutional amendments. Should the Oireachtas fail to make such provision within two years, it shall on the petition of not less than seventy five thousand voters on the register, of whom not more than fifteen thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Oireachtas providing for such Initiation by the people shall provide (1) that such proposals may be initiated on a petition of fifty thousand voters on the register, (2) that if the Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.

Article 49.

Save in the case of actual invasion, the Irish Free State (Saorstát Eireann) shall not be committed to active participation in any war without the assent of the Oireachtas.

Article 50.

Amendments of this Constitution within the terms of the Scheduled Treaty may be made by the Oireachtas, but no such amendment, passed by both Houses of the Oireachtas, after the expiration of a period of eight years from the date of the coming into operation of this Constitution, shall become law, unless the same shall, after it has been passed or deemed to have been passed by the said two Houses of the Oireachtas, have been submitted to a Referendum of the people, and unless a majority of the voters on the register shall have recorded their votes on such Referendum, and either the votes of a majority of the voters on the register, or two-thirds of the votes recorded, shall have been cast in favour of such amendment. Any such amendment may be made within the said period of eight years by way of ordinary legislation and as such shall be subject to the provisions of Article 47 hereof.

Article 51.

The Executive Authority of the Irish Free State (Saorstát Eireann) is hereby declared to be vested in the King, and shall be exercisable, in accordance with the law, practice and constitutional usage governing the exercise of the Executive Authority in the case of the Dominion of Canada, by the Representative of the Crown. There shall be a Council to aid and advise in the government of the Irish Free State (Saorstát Eireann) to be styled the Executive Council. The Executive Council shall be responsible to Dáil Eireann, and shall consist of not more than seven nor less than five Ministers appointed by the Representative of the Crown on the nomination of the President of the Executive Council.

Article 52.

Those Ministers who form the Executive Council shall all be members of Dáil Eireann and shall include the President of the Council, the Vice-President of the Council and the Minister in charge of the Department of Finance.

Article 53.

The President of the Council shall be appointed on the nomination of Dáil Eireann. He shall nominate a Vice-President of the Council, who shall act for all purposes in the place of the President, if the President shall die, resign, or be permanently incapacitated, until a new President of the Council shall have been elected. The Vice-President shall also act in the place of the President during his temporary absence. The other Ministers who are to hold office as members of the Executive Council shall be appointed on the nomination of the President, with the assent of Dáil Eireann, and he and the Ministers nominated by him shall retire from office should he cease to retain the support of a majority in Dáil Eireann, but the President and such Ministers shall continue to carry on their duties until their successors shall have been appointed: Provided, however, that the Oireachtas shall not be dissolved on the advice of an Executive Council which has ceased to retain the support of a majority in Dáil Eireann.

Article 54.

The Executive Council shall be collectively responsible for all matters concerning the Departments of State administered by Members of the Executive Council. The Executive Council shall prepare Estimates of the receipts and expenditure of the Irish Free State (Saorstát Eireann) for each financial year, and shall present them to Dáil Eireann before the close of the previous financial year. The Executive Council shall meet and act as a collective authority.

Article 55.

Ministers who shall not be members of the Executive Council may be appointed by the Representative of the Crown, and shall comply with the provisions of Article 17 of this Constitution. Every such Minister shall be nominated by Dáil Eireann on the recommendation of a Committee of Dáil Eireann chosen by a method to be determined by Dáil Eireann, so as to be impartially representative of Dáil Eireann. Should a recommendation not be acceptable to Dáil Eireann, the Committee may continue to recommend names until one is found acceptable. The total number of Ministers, including the Ministers of the Executive Council, shall not exceed twelve.

Article 56.

Every Minister who is not a member of the Executive Council shall be the responsible head of the Department or Departments under his charge, and shall be individually responsible to Dáil Eireann alone for the administration of the Department or Departments of which he is the head: Provided that should arrangements for Functional or Vocational Councils be made by the Oireachtas these Ministers or any of them may, should the Oireachtas so decide, be members of, and be recommended to Dáil Eireann by, such Councils. The term of office of any Minister, not a member of the Executive Council, shall be the term of Dáil Eireann existing at the time of his appointment, but he shall continue in office until his successor shall have been appointed, and no such Minister shall be removed from office during his term otherwise than by Dáil Eireann itself, and then for stated reasons, and after the proposal to remove him has been submitted to a Committee, chosen by a method to be determined by Dáil Eireann, so as to be impartially representative of Dáil Eireann, and the Committee has reported thereon.

Article 57.

Every Minister shall have the right to attend and be heard in Seanad Eireann.

Article 58.

The appointment of a member of Dáil Eireann to be a Minister shall not entail upon him any obligation to resign his seat or to submit himself for re-election.

Article 59.

Ministers shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any Minister shall not be diminished during his term of office.

Article 60.

The Representative of the Crown, who shall be styled the Governor-General of the Irish Free State (Saorstát Eireann) shall be appointed in like manner as the Governor-General of Canada and in accordance with the practice observed in the making of such appointments. His salary shall be of the like amount as that now payable to the Governor-General of the Commonwealth of Australia and shall be charged on the public funds of the Irish Free State (Saorstát Eireann) and suitable provision shall be made out of those funds for the maintenance of his official residence and establishment.

Article 61.

All revenues of the Irish Free State (Saorstát Eireann) from whatever source arising, shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes of the Irish Free State (Saorstát Eireann) in the manner and subject to the charges and liabilities imposed by law.

Article 62.

Dáil Eireann shall appoint a Comptroller and Auditor-General to act on behalf of the Irish Free State (Saorstát Eireann). He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Oireachtas and shall report to Dáil Eireann at stated periods to be determined by law.

Article 63.

The Comptroller and Auditor-General shall not be removed except for stated misbehaviour or incapacity on resolutions passed by Dáil Eireann and Seanad Eireann. Subject to this provision, the terms and conditions of his tenure of office shall be fixed by law. He shall not be a member of the Oireachtas, nor shall he hold any other office or position of emolument.

Article 64.

The judicial power of the Irish Free State (Saorstát Eireann) shall be exercised and justice administered in the public Courts established by the Oireachtas by judges appointed in manner hereinafter provided. These Courts shall comprise Courts of First Instance and a Court of Final Appeal to be called the Supreme Court. The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal, and also Courts of local and limited jurisdiction, with a right of appeal as determined by law.

Article 65.

The judicial power of the High Court shall extend to the question of the validity of any law having regard to the provisions of the Constitution. In all cases in which such matters shall come into question, the High Court alone shall exercise original jurisdiction.

Article 66.

The Supreme Court of the Irish Free State (Saorstát Eireann) shall, with such exceptions (not including cases which involve questions as to the validity of any law) and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court. The decision of the Supreme Court shall in all cases be final and conclusive, and shall not be reviewed or capable of being reviewed by any other Court, Tribunal or Authority whatsoever: Provided that nothing in this Constitution shall impair the right of any person to petition His Majesty for special leave to appeal from the Supreme Court to His Majesty in Council or the right of His Majesty to grant such leave.

Article 67.

The number of judges, the constitution and organisation of, and distribution of business and jurisdiction among, the said Courts and judges, and all matters of procedure shall be as prescribed by the laws for the time being in force and the regulations made thereunder.

Article 68.

The judges of the Supreme Court and of the High Court and of all other Courts established in pursuance of this Constitution shall be appointed by the Representative of the Crown on the advice of the Executive Council. The judges of the Supreme Court and of the High Court shall not be removed except for stated misbehaviour or incapacity, and then only by resolutions passed by both Dáil Eireann and Seanad Eireann. The age of retirement, the remuneration and the pension of such judges on retirement and the declarations to be taken by them on appointment shall be prescribed by law. Such remuneration may not be diminished during their continuance in office. The terms of appointment of the judges of such other courts as may be created shall be prescribed by law.

Article 69.

All judges shall be independent in the exercise of their functions, and subject only to the Constitution and the law. A judge shall not be eligible to sit in the Oireachtas, and shall not hold any other office or position of emolument.

Article 70.

No one shall be tried save in due course of law, and extraordinary courts shall not be established, save only such Military Tribunals as may be authorised by law for dealing with Military offenders against military law. The jurisdiction of Military Tribunals shall not be extended to or exercised over the civil population save in time of war, or armed rebellion, and for acts committed in time of war or armed rebellion, and in accordance with the regulations to be prescribed by law. Such jurisdiction shall not be exercised in any area in which all civil courts are open or capable of being held, and no person shall be removed from one area to another for the purpose of creating such jurisdiction.

Article 71.

A member of the armed forces of the Irish Free State (Saorstát Eireann) not on active service shall not be tried by any Court Martial or other Military Tribunal for an offence cognisable by the Civil Courts, unless such offence shall have been brought expressly within the jurisdiction of Courts Martial or other Military Tribunal by any code of laws or regulations for the enforcement of military discipline which may be hereafter approved by the Oireachtas.

Article 72.

No person shall be tried on any criminal charge without a jury save in the case of charges in respect of minor offences triable by law before a Court of Summary Jurisdiction and in the case of charges for offences against military law triable by Court Martial or other Military Tribunal.

TRANSITORY PROVISIONS.

Article 73.

Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Irish Free State (Saorstát Eireann) at the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Oireachtas.

Article 74.

Nothing in this Constitution shall affect any liability to pay any tax or duty payable in respect of the financial year current at the date of the coming into operation of this Constitution or any preceding financial year, or in respect of any period ending on or before the last day of the said current financial year, or payable on any occasion happening within that or any preceding year, or the amount of such liability; and during the said current financial year all taxes and duties and arrears thereof shall continue to be assessed, levied and collected in like manner in all respects as immediately before this Constitution came into operation, subject to the like adjustments of the proceeds collected as were theretofore applicable; and for that purpose the Executive Council shall have the like powers and be subject to the like liabilities as the Provisional Government.

Goods transported during the said current financial year from or to the Irish Free State (Saorstát Eireann) to or from any part of Great Britain or the Isle of Man shall not, except so far as the Executive Council may otherwise direct, in respect of the forms to be used and the information to be furnished, be treated as goods exported or imported, as the case may be.

For the purpose of this Article, the expression “financial year” means, as respects income tax (including super-tax) the year of assessment, and as respects other taxes and duties, the year ending on the thirty-first day of March.

Article 75.

Until Courts have been established for the Irish Free State (Saorstát Eireann) in accordance with this Constitution, the Supreme Court of Judicature, County Courts, Courts of Quarter Sessions and Courts of Summary Jurisdiction, as at present existing, shall for the time being continue to exercise the same jurisdiction as heretofore, and any judge or justice, being a member of any such Court, holding office at the time when this Constitution comes into operation, shall for the time being continue to be a member thereof and hold office by the like tenure and upon the like terms as heretofore, unless, in the case of a judge of the said Supreme Court or of a County Court, he signifies to the Representative of the Crown his desire to resign. Any vacancies in any of the said Courts so continued may be filled by appointment made in like manner as appointments to judgeships in the Courts established under this Constitution: Provided that the provisions of Article 66 of this Constitution as to the decisions of the Supreme Court established under this Constitution shall apply to decisions of the Court of Appeal continued by this Article.

Article 76.

If any judge of the said Supreme Court of Judicature or of any of the said County Courts on the establishment of Courts under this Constitution, is not with his consent appointed to be a judge of any such Court, he shall, for the purpose of Article 10 of the Scheduled Treaty, be treated as if he had retired in consequence of the change of Government effected in pursuance of the said Treaty, but the rights so conferred shall be without prejudice to any rights or claims that he may have against the British Government.

Article 77.

Every existing officer of the Provisional Government at the date of the coming into operation of this Constitution (not being an officer whose services have been lent by the British Government to the Provisional Government) shall on that date be transferred to and become an officer of the Irish Free State (Saorstát Eireann), and shall hold office by a tenure corresponding to his previous tenure.

Article 78.

Every such existing officer who was transferred from the British Government by virtue of any transfer of services to the Provisional Government shall be entitled to the benefit of Article 10 of the Scheduled Treaty.

Article 79.

The transfer of the administration of any public service, the administration of which was not before the date of the coming into operation of this Constitution transferred to the Provisional Government, shall be deferred until the 31st day of March, 1923, or such earlier date as may, after one month's previous notice in the Official Gazette, be fixed by the Executive Council; and such of the officers engaged in the administration of those services at the date of transfer as may be determined in the manner hereinafter appearing shall be transferred to and become officers of the Irish Free State (Saorstát Eireann); and Article 77 of this Constitution shall apply as if such officers were existing officers of the Provisional Government who had been transferred to that Government from the British Government. The officers to be so transferred in respect of any services shall be determined in like manner as if the administration of the services had before the coming into operation of the Constitution been transferred to the Provisional Government.

Article 80.

As respects departmental property, assets, rights and liabilities, the Government of the Irish Free State (Saorstát Eireann) shall be regarded as the successors of the Provisional Government, and, to the extent to which functions of any department of the British Government become functions of the Government of the Irish Free State (Saorstát Eireann), as the successors of such department of the British Government.

Article 81.

After the date on which this Constitution comes into operation the House of the Parliament elected in pursuance of the Irish Free State (Agreement) Act, 1922 (being the constituent assembly for the settlement of this Constitution), may, for a period not exceeding one year from that date, but subject to compliance by the members thereof with the provisions of Article 17 of this Constitution, exercise all the powers and authorities conferred on Dáil Eireann by this Constitution, and the first election for Dáil Eireann under Articles 26, 27 and 28 hereof shall take place as soon as possible after the expiration of such period.

Article 82.

Notwithstanding anything contained in Articles 14 and 33 hereof, the first Seaned Eireann shall be constituted immediately after the coming into operation of this Constitution in the manner following, that is to say:—

(a) The first Seanad Eireann shall consist of sixty members, of whom thirty shall be elected and thirty shall be nominated.

(b) The thirty nominated members of Seanad Eireann shall be nominated by the President of the Executive Council who shall, in making such nominations, have special regard to the providing of representation for groups or parties not then adequately represented in Dáil Eireann.

(c) The thirty elected members of Seanad Eireann shall be elected by Dáil Eireann voting on principles of Proportional Representation.

(d) Of the thirty nominated members, fifteen to be selected by lot shall hold office for the full period of twelve years, the remaining fifteen shall hold office for the period of six years.

(e) Of the thirty elected members the first fifteen elected shall hold office for the period of nine years, the remaining fifteen shall hold office for the period of three years.

(f) At the termination of the period of office of any such members, members shall be elected in their place in manner provided by Article 32 of this Constitution.

(g) Casual vacancies shall be filled in manner provided by Article 34 of this Constitution.

Article 83.

The passing and adoption of this Constitution by the Constituent Assembly and the British Parliament shall be announced as soon as may be, and not later than the sixth day of December, Nineteen hundred and twenty-two, by Proclamation of His Majesty, and this Constitution shall come into operation on the issue of such Proclamation.

The Soviet government closed Petrograd's Catholic churches.