Tuesday, December 6, 2022

Sunday, December 6, 1942. Murders in Poland, the Navy reports on Pearl Harbor, and riots at Manzanar.

The Germans murdered thirty-one Poles, including two Jewish refugees, in the Polish villages of Stary Ciepielów and Rekówka in retaliation for the Poles there aiding Jews.  The victims included children.

The United States released the casualty information for the Japanese attack on Peal Harbor.  It read:

THE JAPANESE ATTACK ON PEARL HARBOR, DECEMBER 7, 1941

On the morning of December 7, 1941, Japanese aircraft temporarily disabled every battleship and most of the aircraft in the Hawaiian area.  Other naval vessels, both combatant and auxiliary, were put out of action, and certain shore facilities, especially at the naval air stations, Ford Island and Kaneohe Bay, were damaged.  Most of these ships are now back with the fleet.  The aircraft were all replaced within a few days, and interference with facilities was generally limited to a matter of hours.

When the Japanese attacked Pearl Harbor, 2 surface ship task forces of the Pacific Fleet were carrying out assigned missions at sea, and 2 such task forces were at their main base following extensive operations at sea. Discounting small craft, 86 ships of the Pacific Fleet were moored at Pearl Harbor.  Included in this force were 8 battleships, 7 cruisers, 28 destroyers and 5 submarines.  No U. S. aircraft carriers were present.

As result of the Japanese attack five battleships, the Arizona, Oklahoma, California, Nevada, and West Virginia; three destroyers, the Shaw and Downes; the mine layer Oglala; the target ship Utah, and a large floating drydock were either sunk or damaged so severely that they would serve no military purposes for some time.  In addition, three battles, the Pennsylvania, Maryland, and Tennessee, three cruisers, the Helena, Honolulu, and Raleigh, the seaplane tender Curtiss and the repair Vestal were damaged.

Of the 19 naval vessels listed above as sunk or damaged, the 26-year-old battleship Arizona will be the only one permanently and totally lost.  Preparations for the righting of the Oklahoma are now in process, although final decision as to the wisdom of accomplishing this work at this time has not been made.  The main and auxiliary machinery, approximately 50 percent of the value, of the Cassin and Downes were saved.  The other 15 vessels either have been or will be salvaged and repaired.

The eight vessels described in the second sentence of paragraph three returned to the fleet months ago.  A number of the vessels described in the first sentence of paragraph three are now in full service, but certain others, which required extensive machinery and intricate electrical overhauling as well as refloating and hull repairing, are not yet ready for battle action.  Naval repair yards are taking advantage of these inherent delays to install numerous modernization features and improvements.  To designate these vessels by name now would give the enemy information vital to his war plans; similar information regarding enemy ships which our forces have subsequently damaged but not destroyed is denied to us.

On December 15, 1941, only 8 days after the Japanese attack and at a time when there was an immediate possibility of the enemy's coming back, the Secretary of the Navy announced that the Arizona, Shaw, Cassin, Downes, Utah, and Oglala had been lost, that the Oklahoma had capsized and that other vessels had been damaged.  Fortunately, the salvage and repair accomplishments at Pearl Harbor have exceeded the most hopeful expectations.

Eighty naval aircraft of all types were destroyed by the enemy.  In addition, the Army lost 97 planes on Hickam and Wheeler Fields.  Of these 23 were bombers, 66 were fighters, and 8 were other types.

The most serious American losses were in personnel.  As result of the raid on December 7, 1941, 2,117 officers and enlisted men of the Navy and Marine Corps were killed, 960 are still reported as missing and 876 were wounded but survived.  The Army casualties were as follows: 226 officers and enlisted men were killed or later died of wounds; 396 were wounded, most of whom have now recovered and have returned to duty.

At 7:55 a. m. on December 7, 1941, Japanese dive bombers swarmed over the Army Air Base, Hickam Field, and the naval air station on Ford Island.  A few minutes earlier the Japanese had struck the naval air station at Kaneohe Bay.  Bare seconds later enemy torpedo planes and dive bombers swung in from various sectors to concentrate their attack on theheavy ships at Pearl Harbor.  The enemy attack, aided by the element of surprise and based on exact information, was very successful.

Torpedo planes, assisted effectively by dive bombers, constituted the major threat of the first phase of the Japanese attack, lasting approximately a half-hour.  Twenty-one torpedo planes made 4 attacks, and 30 dive bombers came in in 8 waves during this period.  Fifteen horizontal bombers also participated in this phase of the raid.

Although the Japanese launched their initial attack as a surprise, battleship ready machine guns opened fire at once and were progressively augmented by the remaining antiaircraft batteries as all hands promptly were called to general quarters.  Machine guns brought down two and damaged others of the first wave of torpedo planes.  Practically all battleship antiaircraft batteries were firing within 5 minutes; cruisers, within an average time of 4 minutes, and destroyers, opening up machine guns almost immediately, average 7 minutes in bringing all antiaircraft guns into action.

From 8:25 to 8:40 a. m. there was a comparative lull in the raid, although air activity continued with sporadic attack by dive and horizontal bombers.  This respite was terminated by the appearance of horizontal bombers which crossed and recrossed their targets from various directions and caused serious damage.  While the horizontal bombers were continuing their raids, Japanese dive bombers reappeared, probably being the same ones that had participated in earlier attacks; this phase, lasting about a half-hour, was devoted largely to strafing.  All enemy aircraft retired by 9:45 a. m.

Prior to the Japanese attack 202 U.S. naval aircraft of all types on the Island of Oahu were in flying condition, but 150 of these were permanently or temporarily disabled by the enemy's concentrated assault, most of them in the first few minutes of the raid.  Of the 52 remaining naval aircraft, 38 took to the air on December 7, 1941, the other 14 being ready too late in the day or being blocked from take-off positions.  Of necessity therefore, the Navy was compelled to depend on antiaircraft fire for its primary defensive weapon, and this condition exposed the fleet to continuous air attack.  By coincidence, 18 scout bombing planes from a U. S. aircraft carrier en route arrived at Pearl Harbor during the raid. These are included in the foregoing figures.  Four of these scout bombers were shot down, 13 of the remaining 14 taking off again in search of the enemy. Seven patrol planes were in the air when the attack started.

It is difficult to determine the total number of enemy aircraft participating in the raid, but careful analysis of all reports makes it possible to estimate the number as 21 torpedo planes, 48 dive bombers, and 36 horizontal bombers, totaling 105 of all types.  Undoubtedly certain fighter planes also were present, but these are not distinguished by types and are included in the above figures.

The enemy lost 28 aircraft due to Navy action.  In addition, three submarines, of 45 tons each, were accounted for.

The damage suffered by the U. S. Pacific Fleet as result of the Japanese attack on December 7, 1941, was most serious, but the repair job now is nearly completed, and thanks to the inspired and unceasing efforts of the naval and civilian personnel attached to the various repair yards, especially at Pearl Harbor itself, this initial handicap soon will be erased forever.

***

ADDITIONS TO NAVY DEPARTMENT PEARL HARBOR RELEASE

Insert in 2d sentence, 1st paragraph, page 1:

. . . facilities, especially at the Army Bases, Hickam and Wheeler Fields, and the naval air stations . . .

Insert after paragraph 3, page 3:

There were a total of 273 Army planes on the Island of Oahu on December 7, 1941.  Very few of these were able to take off because of the damage to the runways at Hickam and Wheeler Fields.

Insert in 1st sentence, last paragraph, page 3:

. . . Navy action, and the few Army pursuit planes that were able to take off shot down more than 2O Japanese planes.

A riot broke out at the Manzanar Japanese Internment Camp.

Manzanar.

The event is complicated, but it involved divisions with in the interned population and difficulties with the camp staff. It ultimately resulted in the authorities deploying armed force, resulting in two of the camp's internees being killed.

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.

Monday, December 5, 2022

Let the duels begin?

The other day, we posted, in jest, about the "less government, more freedom" line of some members of the GOP that now duels could be legal and how nifty that would be. 

And now, in a five to two decision, the Wyoming Supreme Court has held as follows about an apparently high and intoxicated fellow who seems to have been a general nuisance at a campground and who shook a vehicle an armed person, who had encountered him earlier, was sleeping in. That person's view was, apparently, that the high person was attempting to break in the car, although according to the opinion, there was no obvious physical evidence of that.  The person, who had been camping for several days in an Albany County campground in his car (and car camping isn't really that unusual) ended up shooting the other guy in the leg, with a .22.  Apparently the shot guy was high enough, it would seem that he didn't even really grasp that at first.

The Supreme Court held, in part:

[¶41] We find the record contains facts from which a jury could have concluded Mr. Pickering was in the process of unlawfully and forcefully entering Mr. Howitt’s habitation. After thoughtfully and thoroughly examining the record, the dissent reached the opposite conclusion. This illustrates the fact-intensive nature of this inquiry and highlights the need for this factual question to be resolved by the jury.

[¶42] In Widdison we stated: “[t]he determination whether [the victim’s] home was [the defendant’s] residence was a question that had to be answered before the jury could have been instructed on the castle doctrine.” 2018 WY 18, ¶ 23, 410 P.3d at 1213. This language should not be read as requiring the trial court to bifurcate the proceedings and have the jury determine the factual questions surrounding the castle doctrine before the court determines what self-defense instructions to give. The trial court has the discretion to determine the best method for allowing the jury to resolve factual questions surrounding the castle doctrine. A trial court may choose to bifurcate the proceedings or use instructions and a detailed special verdict form to allow the jury to resolve all the factual questions raised by the evidence.

CONCLUSION

[¶43] Mr. Howitt presented competent evidence to create factual issues about whether hisvehicle was adapted for overnight accommodation and fit within the definition of a habitation and whether Mr. Pickering was in the process of unlawfully and forcefully entering that habitation when he was shot. The district court should have allowed these factual questions to be resolved by the jury. We reverse and remand for a new trial.

There were two dissents, including that of the Chief Justice. The dissent, written by a Justice who was a very long serving district court judge before becoming a Wyoming Supreme Court Justice:

[¶47] The majority opinion does not find the statutory language ambiguous, and it is not.It is entirely plain and unambiguous. We should rely on the plain meaning of the wordsand phrases the legislature used. See Ailport v. Ailport, 2022 WY 43, ¶ 22, 507 P.3d 427,437 (Wyo. 2022) (“If the [statutory language] is sufficiently clear and unambiguous, theCourt simply applies the words according to their ordinary and obvious meaning.”) (citations and quotation marks omitted).[¶48] The plain meaning of “in the process of” is “working on (doing something) thattakes a certain amount of time to do[.]” https://www.merriamwebster.com. The plain meaning of “forcefully enter” is “to go into” “in a forceful, powerful or emphatic manner.”https://www.merriam-webster.com/dictionary/forcefully and https://www.merriamwebster.com/dictionary/enter. Under these definitions, it was appropriate to give thestatutory castle doctrine instruction only if there was evidence the victim was going into,i.e., entering, Mr. Howitt’s vehicle. Subsection 6-2-602(b)(ii) reinforces the necessity of aphysical effort to enter before the castle doctrine applies by requiring that the defendant knew or had reason to believe “an unlawful and forcible entry . . . was occurring.”(Emphasis added).

[¶49] As the majority recognizes, the facts show the victim neither entered nor made an effort to enter Mr. Howitt’s vehicle. The majority also acknowledges in Paragraph 40 that Mr. Howitt’s subjective belief the victim would attempt to enter the vehicle was clearly insufficient to warrant instructing the jury on the castle doctrine. What the facts show is he never grabbed the door handle, attempted to break the windows, or otherwise tried to gain entry in any manner, much less in a forceful manner. Being in the vicinity of the car, knocking on the windows, bumping the car, and engaging in verbal threats all are insufficient to establish the victim was working on or attempting to enter Mr. Howitt’s vehicle. Even if the victim “lunged,” as Mr. Howitt claimed, that act does not constitute entry, or even an attempted entry. Furthermore, when the shooting occurred, the victim was not doing any of those things.

    * * * 

[¶54] The effect of the majority opinion is to greatly expand the castle doctrine statute in Wyoming. It permits juries to find defendants can use deadly force even though no one is in the process of entering a home, but only knocks on a window, makes a verbal threat, or stands outside. The majority’s approach ignores the statutory limitation of the castle doctrine presumption to circumstances when someone is in the process of unlawfully and forcefully entering a home or habitation and permits juries to apply that presumption in speculative circumstances. That simply is not what our statute provides.

[¶55] Because there was no evidence showing the victim was in the process of unlawfully and forcefully entering Mr. Howitt’s vehicle when Mr. Howitt shot him, the trial court correctly refused to give the castle doctrine instruction. 

Interesting.

Note that this doesn't decide that the shooter was in the right, only that a jury instruction should have been given.  But it does seem to expand the castle doctrine.

Saturday, December 5, 1942. Manpower shortages.

 Due to manpower shortages, President Roosevelt suspended the induction of men over 38 years of age.


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.

Sunday, December 4, 2022

How. . .

 




can any Republican, in good conscience, continue to support Donald Trump?

The Italian parliament gave Mussolini extraconstitutional powers.

We all know how that worked out.

The Reichstag gave Hitler extraconstitutional powers.

We all know how that worked out.

The founders of this Republic felt that the English Parliament had violated their rights as Englishmen.

They would not have kindly regarded Trump.

Croatia is banning shopping on Sundays

Tourism-Dependent Croatia Moves to Ban Shopping on Most Sundays



A Bloomberg headline.

Good for them.

A government spokesman stated; "We want to make it possible for retail employees to spend Sundays with their families”

More than 85% of Croatians are Roman Catholics.  Sunday is, of course, the Christian day of rest, and Christians are supposed to take this seriously.  Catholics, although they frequently don't, are definitely supposed to take it seriously, save for good reason to the alternative.

Here's out this shakes out in Europe, but as to large supermarkets:

By Imre Kristoffer Eilertsen - Own work, CC BY 4.0, https://commons.wikimedia.org/w/index.php?curid=107694359

Red on this map generally means closed. Green means wide open. Blue means that supermarkets hours are restricted to around six hours.

What all can we tell from this?  Well, perhaps not too much.  Some of the results are surprising.  The countries that are in red don't surprise me.  All but two of the geographic areas depicted are Catholic or Orthodox, and that's part of their cultural heritage.  But some of the green areas are too.  And Norway is a highly secularized Lutheran country, albeit one with a very strong social conscience that they inherit from their Medieval Catholicism, even if they would prefer to pretend it come from their Reformation Lutheranism.

Partial restrictions in France don't surprise me, but in England they do, given as the UK is the birth place of the corporate capitalist economy.

In North American, "blue laws" are state by state, and province by province, but it would be rare to find restrictions in our "you are a consumer" shot 24 hours a day culture anymore.  And of note, South American has no restrictions, even though you might guess that it would.

Well, kudos to Croatia.

Dodging the Bullet.

My grandmother died in her mid 60s of an ailment that was vaguely attributed to her love of sweets, although whether that really contributed to it or not is more than a bit vague.  Basically, she died of either a colon or a gall bladder ailment.

My father, who died at 62, likewise did, although much less directly, a severe infection spread though his body following his having become ill. They did a colonoscopy at that time, which was well before they were routine, and there was some feeling that the infection was already pretty severe and that spread it around.  Anyhow, I recall my father telling me as he was in the hospital that he was acquiring all of his mother's ailments, which has been on my mind recently as I had to have colon surgery, which went well, but which turns out to have had a nick of time aspect to it.  I was as close to having colon cancer as you conceivably can, without actually having it, yet.

Therefore, but for getting a colonoscopy, recommended by my doctor, and emphasized by some folks around me, like my grandmother and my father, I'd have been dead of an intestinal matter in my early 60s.

What can you say?  It's simply true.

Of course, you can say more than that, but it nearly says itself.

Friday, December 4, 1942. The airwar starts for Italy.

Carlson's Patrol concluded successfully for the U.S. Marines on Guadalcanal.

American aircraft raided Italy for the first time, with B-24s of the 9th Air Force hitting Naples from bases in the Middle East.


The B-24s were of the 98th and 376th Bombardment Groups and were based in Egypt. They crossed the Mediterranean at 20,300 ft, came in undetected and raided Naples unnoticed. In the process, they were confused with a flight of German Ju 52 transports.  Their target was the harbor and they sank the Italian cruiser Muzio Attendolo.

Canadian Prime Minister Mackenzie King met with Franklin Roosevelt.

Roosevelt, also on this day, ordered the Works Progress Administration dissolved, or as he put it, given an "honorable discharge".  It would take until June 30, 1943, to dissolve it, however.

The swashbuckler The Black Swan, featuring Tyrone Power and Maureen O'Hara was released.  It'd be a huge hit.

Monday, December 3, 1922. Erin go Bragh

The House of Lord voted to approve the Irish Free State Constitution Act of 1922 with only one dissenting vote.  That came from Lord Carson, who had blocked Home Rule in 1914, thereby ironically bringing about the Anglo-Irish War a couple of years later, and guaranteeing that Ireland would become an independent state.

Lord Carson, whose opposition to any independence for Ireland helped set it on the path to full independence.

Rudolph Valentino toured St. Louis.

The Best Posts of the Week of November 27, 2022.

The best posts of the week of November 27, 2022

Today In Wyoming's History: Sidebar: Confusing fiction for fact













Saturday, December 3, 2022

Friday, December 2, 2022

Wednesday, December 2, 1942. The birth of the nuclear age.

So, even though we reported this yesterday, and used the National Archives as the source: 

Scientists working on the Manhattan Project achieved the world’s first man-made, controlled nuclear chain reaction on 12/1/1942. Afterwards, they drank a silent toast to recognize the historic moment. The Chianti bottle’s basket bears their signatures.

National Archives, with a link to the photo of the Chianti bottle, which in its original form, as here is called a fiasco.

That it was Chianti, an iconic Italian table wine, is curious.

Every other source claims this happened today. 

The December 2 date is clearly the correct one, and for that reason, every December 2 is World Nuclear Energy Day.



Saturday, December 2, 1922. Kuwait gets axed.


The Uqair Protocol was signed on this day in 1922, setting the boundaries between Iraq, the Sultanate of Nejd, and the Sheikdom of Kuwait.

Basically, the British High Commissioner to Iraq imposed it as a response to Bedouin raiders from Nejd loyal to Ibn Saud being a problem.

Kuwait lost 2/3s of its territory in the deal, setting is modern boundaries.  It had no say in the arrangement, resulting in anti-British feelings in Kuwait.  It did establish a Saudi Kuwait neutral zone of 2,230 square miles which existed until 1970 and a Saudi Iraqi neutral zone that existed until 1982.

Country Gentleman had a winter theme, but the Saturday Evening Post and Judge were already in the Christmas spirit, even though this was still the Thanksgiving holiday weekend in 1922.