Monday, August 28, 2023

The UW Sorority Suit.

The not very attractive Joseph C. O'Mahoney Federal Courthouse in Cheyenne.

This suit's result has hit the news, and because it involves an evolving societal topic regarding fiction and how far we're willing to entertain it in the name of individualism, we're going to make a couple of comments.

Page 1 of the 41 page decision:

1.  As soon as this came out, some commentator on Twitter immediately suggested it must have been decided by a "Casper judge".  

Eh? 

It's not as if Casper is stocked with liberal judges or something.  This is a Federal Court case, moreover, and we only have three Federal judges, two in Cheyenne and one in Casper. This was decided by Judge Johnson in Cheyenne.  He's been on the bench since 1985 and was appointed by that flaming liberal, Ronald Reagan.

Having said that, not all of Regan's "conservative" appointments were impressively conservative.  Take Anthony Kennedy, for example.

Be that as it may, Judge Johnson is universally recognized as a solid judge.  The weird suggestion that it must have been some flaming liberal, and that the flaming liberal must be in Casper, as where else would they be, is weird.

2.  This was decided "without prejudice", which means on technical and procedural grounds. The suit hasn't decided the issues.  It can be brought again.

Whether it will be or not, nobody knows. But this doesn't decide any legal issues.  

Often lawyers don't regard dismissals with prejudice as that big of deal, quite frankly, as it gives them the chance to go back and refine their suit.

This gets at one of the big problems in perception of courts today, however.  A large number of people believe that judges are supposed to rule on existential issues. They are not. This perception, moreover, is made worse by pundits like Robert Reich who continually suggest that activists' courts are deciding these issues on a left/right basis, something made worse by decades of prior conservative yapping that "activist judges" were deciding things for the left, the latter of which was somewhat true.  Most of the time judges are just deciding things on the law, or even procedure, that have nothing to do with the existential issues.  The continual "America is losing faith with its justice system" mantra that the press is chanting right now is because large elements of the press don't grasp that deciding social issues isn't what courts are supposed to do.

3.  I learned in the opinion that the sorority calls itself a fraternity.

How odd. Deficit of understanding of Latin root words?

4.  Judge Johnson did condescend to call Mr. Langford a "sorority sister".  The guy has male DNA and, well, you know.  He's not a girl, and this ongoing societal delusion is really absurd. 

That's what really gets to people.  It's a contest between individualist fantasy, and the degree to which everyone else must tolerate the fantasy, and reality.  We're in an age when dangerous self-delusion must be accepted, a certain segment of society maintains.

This probably isn't over.  So stay tuned.


Saturday, August 28, 1963. March On Washington For Jobs And Freedom.


Around 250,000 people participated in the March On Washington For Jobs and Freedom at which Rev. Martin Luther King delivered his famous "I have a dream" speech.  The text of that speech featured in an earlier post on this blog, here: Lex Anteinternet: August 20, 1619. Slavery comes to British America

August 20, 1619. Slavery comes to British America

The date isn't known with precision.  Only that it occurred in August.  But this date, August 20, is used as the usual date for the event when a slaver arrived off the port at Port Comfort, Virginia, carrying 20 to 30 African who were held in bondage and sold into slavery.

The event marked the return of the English to being a slave owning society.  Slavery had been abolished by the Normans after conquering Anglo Saxon Britain in 1066 and while it's common to see claims of other types of servitude, including involuntary servitude, equating with slavery, they do not.  Slavery is unique.

And late European chattel slavery, which commenced with the expansion of European powers into African waters and into the Americas, was particularly unique and in someways uniquely horrific.

Slavery itself was not introduce to African populations by Europeans; they found it there upon their arrival, but they surprisingly accommodated themselves to participating in it very rapidly.  Europeans had been the victims of Arab slavers for a long time themselves, who raided both for the purposes of acquiring forced labor, and fairly horrifically, for forced concubinage, the latter sort of slave having existed in their society for perhaps time immemorial but which had been licensed by Muhammad in the Koran.  Arab slave traders had been quite active in Africa early on, purchasing slaves from those who had taken them as prisoners of war, an ancient way of dealing with such prisoners, and the Europeans, starting really with the Portuguese, seemingly stepped right into it as Europe's seafaring powers grew.

Having waned tremendously in Europe following the rise of Christianity, European powers somehow found themselves tolerating the purchase and transportation for resale of Africans for European purchasers by the 15th Century, with most of those purchasers being ultimately located in the Americas.

The English were somewhat slow to become involved.  It wasn't clear at first if slavery was legal under English Common Law and the English lacked statutory clarification on the point such as had been done with other European powers.  Early English decisions were unclear on the point. However, starting with the 17th Century, the institution worked its way into English society, even as opposition to it grew from the very onset.

The importation of slaves to English populations was not limited to North American, but it was certainly the absolute strongest, in the English speaking world, in England's New World colonies.  While every European seafaring power recognized slavery by the mid 17th Century, the really powerful markets were actually limited to the Caribbean, English North American, and Portuguese Brazil.  European slavery existed everywhere in the New World, and no country with colonies in North America was exempt from it, but it was strongest in these locations.

And slavery as reintroduced by Europeans was uniquely abhorrent.  Slavery, it is often noted, has existed in most advanced and semi advanced societies at some point, but slavery also was normally based in warfare and economics nearly everywhere.  I.e., it was a means of handling conquered armies, conquered peoples, and economic distress.  The word "servant" and "slave" in ancient Greek was the same word for this latter reason.  In eras in which resources were tight and there was little other means of handling these situations, slavery was applied as the cruel solution.

But it wasn't raced based.  The slavery that the Europeans applied was. Even Arab slavery, which was ongoing well before the Europeans joined in and continued well after, was not based on race but status.  If a lot of Arab slaves were black in the 17th Century, that was mostly due to an environment existing which facilitated that. Earlier, a lot of forced concubine Arab slaves, for example, were Irish.  The Arabs were equal opportunity slavers.

Europeans were not.  European slaves were nearly always black, and even examples of trying to note occasions in which Indians were held as slaves are very strained.  And because it was raced based, it took on a unique inhuman quality.  Slavery wasn't justified on the basis that the slaves were prisoners of war that had fallen into that state, but that the state was better than death, nor were they held on the basis that they had sold themselves or had been sold into servitude due to extreme poverty, and that was better than absolute destitution.  It wasn't even justified on a likely misapplied allowance granted by Muhammad for slaves that were held due to war, and could be used for carnal purposes, reinterpreted (I'm guessing) for convenient purposes.  It was simply that they were black and, therefore, something about that made them suitable for forced labor.

And forced labor it was.  Servants in the ancient world had often been servants and even tutors.  While it did become common in North America to use slaves as household domestics, most slaves in North America performed heavy agricultural labor their entire lives.  It was awful and they worked in awful conditions.

And it tainted the early history of the country in a way that's ongoing to this day.  With opposition to its reintroduction right from the onset, but the late 18th Century it was clear that its abhorrent nature meant it was soon to go out everywhere.  Almost every European country abolished it very early in the 19th Century, which is still shockingly late.  It was falling into disfavor in the northern part of the British North American by the Revolution, in part because agriculture in the North was based on a developed agrarian pattern while in the South the planter class engaged in production agriculture (making it ironic that the yeoman class would be such a feature of the American south).  The pattern of agriculture had meant that there were comparatively few slaves in the north.  This is not to say it was limited to the South, however.  Slavery even existed in Quebec.

With the Revolution came the belief that slavery would go out, but it didn't.  By that time the American South had a huge black slave population.  Slavery would if anything become entrenched in the South, where most of the American black population lived, and it would take the worst war in the nation's history to abolish it.  So horrific was that war that even today the descendants of those who fought to keep men slaves sometimes strain the confines of history to find an excuse for what their ancestors did.  And following their Emancipation, the nation did a poor job of addressing the racism that had allowed it to exist.  It wasn't until the second quarter of the 20th Century that things really began to change, with the Great Migration occurring first, followed by a slow improvement in status following World War One, followed by a rapid one after World War Two that culminated in the Civil Rights Era of the 1950s, 60s, and 70s.

But the stain of slavery lingers on in innumerable ways even now.  Having taken to slavery in 1619, and having tolerated it for over two hundred years thereafter, and having struggled with how to handle the residual effects of that for a century thereafter, we've still failed to really absorb the impact of the great sin of our colonial predecessor.
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of captivity.
But one hundred years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself in exile in his own land. So we have come here today to dramatize an shameful condition.
In a sense we've come to our nation's Capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir.
This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.
It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check; a check which has come back marked "insufficient funds."
But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check- a check that will give us upon demand the riches of freedom and the security of justice.
We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism.
Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.
It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.
But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force.
The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom. We cannot walk alone.
And as we walk, we must make the pledge that we shall march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?"
We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality.
We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities.
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one.
We can never be satisfied as long as our chlidren are stripped of their selfhood and robbed of their dignity by signs stating "for whites only."
We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote.
No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident; that all men are created equal."
I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
I have a dream today.
I have a dream that one day down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification, that one day right down in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.
I have a dream today.
I have a dream that one day every valley shall be exhalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith that I will go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood.
With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with new meaning, "My country 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the Pilgrims' pride, from every mountainside, let freedom ring."
And if America is to be a great nation, this must become true. So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania.
Let freedom ring from the snow-capped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California. But not only that; let freedom ring from the Stone Mountain of Georgia. Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and molehill of Mississippi. From every mountainside, let freedom ring.
And when this happens, and when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, "Free at last! Free at last! Thank God Almighty, we are free at last!"
Rev. Martin Luther King, August 28, 1963.
The speech is clearly one of the greatest speech in U.S. history.

Saturday, August 28, 1943. Change of governments.

King Boris III of Bulgaria died after becoming suddenly ill.  He had met with Hitler two weeks prior, and there was suspicion at the time, and some still believe, he was poisoned while in Germany.


He was 49 years of age.

His six year old son Simeon became king, with a regency.  He'd be the last King of Bulgaria, but would later become Prime Minister as Simeon Sakskoburggotsk in 2001.

The Danish government resigned rather than prosecute saboteurs in German military courts.

Tuesday, August 27, 1923. 37 Hours.

Former Governor of Pennsylvania, William Cameron Sproul, opined that Prohibition helped kill William G. Harding, noting:

He was accustomed to an occasional drink of scotch. I was his personal friend and I know, and in that laborious task of a trip to Alaska, I'm sure he missed it.

U.S. Army pilots Lowell Smith and John Richter broke an aviation endurance record by staying aloft for 37 consecutive hours over Rockwell Field in San Diego, a feat made possible by air-to-air refueling. The accomplishment is impressive, if frankly, pointless.

German offered to end passive resistance to French occupation of the Ruhr in exchange for the release of deportees and prisoners, and the guarantee of the "safety of life and subsistence of the Ruhr population."

Japanese Crown Prince Hirohito, the future emperor, moved into Akasaka Palace.  The intended temporary state would end up bing a period of five years due to an earthquake destroying housing in Tokyo.

The patent for Lincoln longs, applied for on August 31, 1920, was granted.

Cohen in arrest after murder.

Louis Cohen, aka Louis Kushner, mob hit man, killed Nathan Kaplan, gangster, while the latter was being transferred by a police car in New York City.  

Kaplan was likely killed under orders of rival Louis Buchalter, aka Louis Lepke, aka Lepke Buchalter, who would rise up to be head of Murder Incorporated.  Buchalter would later receive the death penalty and be executed in 1944. Cohen was gunned down in a mob hit in 1939.

Of interest, these figures were all Jewish gangsters, something we've forgotten about over time, mostly remembering the Sicilian Mafia.  Indeed, Murder Inc. tended to use Jewish and Italian hitman in their role for the Mafia, which insulated the Mafia from direct involvement.

Blog Mirror. Testing Without Intermission: Life is hard but it's not all traumatic

 

Testing Without Intermission

Life is hard but it's not all traumatic

Sunday, August 27, 2023

Today In Wyoming's History: Battle of the Rosebud Battlefield, Montana.

Today In Wyoming's History: Battle of the Rosebud Battlefield, Montana.

Battle of the Rosebud Battlefield, Montana.

The Battle of the Rosebud was an important June 1876 battle that came, on June 17, just days prior to the Battle of the Little Big Horn.  Fought by the same Native American combatants, who crossed from their Little Big Horn encampment to counter 993 cavalrymen and mule mounted infantrymen who had marched north from Ft. Fetterman, Wyoming, at the same time troops under Gen. Terry, including Custer's command, were proceeding west from Ft. Abraham Lincoln.  Crook's command included, like Terry's, Crow scouts, and he additionally was augmented soon after leaving Ft. Fetterman by Shoshoni combatants.

The battlefield today is nearly untouched.








































Called the Battle Where the Sister Saved Her Brother, or the Battle Where the Girl Saved Her Brother, like Little Big Horn, it was a Sioux and Arapaho victory, although it did not turn into an outright disaster like Little Big Horn. Caught in a valley and attacked, rather than attacking into a valley like Custer, the Army took some ground and held its positions, and then withdrew.  Crook was effectively knocked out of action for the rest of the year and retreated into the Big Horn mountains in Wyoming.
 

Friday, August 27, 1943. Wunderwaffe, French arrests, the 43d Infantry at Arundel, Red Army at Kotleva and Sevsk, USS Eldridge doesn't disappear.

A German Henschel Hs 293 struck and sank the HMS Egret in the first successful anti shipping guided missile strike in history.


German Wunderwaffe were beginning to come online.

Former French President Albert Lebrun was arrested by the Gestapo, as was André François-Poncet, the former French ambassador to Germany.  Lebrun would survive the war, albeit in ill health, and breifly maintain to DeGaulle that he remained head of state, which DeGaulle ignored and which was legally incorrect in any event.  François-Poncet would as well, and would repreise his pre-war role as ambassador to West Germany.

Insignia of the island hopping 43d Infantry Division. The 43d was a unit made up of mobilized National  Guardsmen from New England.  It was inactivated as a unit in 1963.

Elements of the US 43d Infantry Division landed on the Nauro Peninsula on Arundel in the Solomon's without opposition.


Unless you are exceptionally well versed on the war in the Pacific, you probably are unaware of this action, but it fit into many such forgotten landings by the Army and the Marine Corps during the war.


The Red Army retook Kotleva and Sevsk.

Following up on the US and British example, the Soviet Union and China gave limited recognition to the French Committee of National Liberation.

The USS Eldridge was commissioned. The Eldridge is famous for being part of a 1950s vintage hoax, in which merchant seaman Carl Meredith Allen fairly successfully convinced people that the ship had been made to disappear as part of a dangerous naval experiment during World War Two. There are people who still believe the hoax.

Monday, August 27, 1923. Irish Free State's first election.

The Irish Free State held its first election.  The Cumann na nGaedheal party, led by Prime Minister W. T. Cosgrave, won 63 seats and the Irish Republicans led by Éamon de Valera received 44.   That left Cosgrave short of the 77 seats he needed for a majority, but the Republicans, exercising the goofball strategy of abstentionism, refused to take their seats, and the Irish Farmers Party joined Cosgrave in a coalition.

The Farmers Party was an agrarian party that faded in the 20s, ceasing to exist in 1932.

Italian General Enrico Tellini, on a League of Nation's mission to inspect the border between Greece and Albania, was ambushed and killed.  The Italians blamed the Greeks which would soon result in a crisis, although they identity of the killers was never established. 

Miss Washington, D.C. Lorraine Bunch was photographed.



A train derailed at Suman, Indiana.







Blog Mirror: From Nixon to Trump: The Decline of the Common Good in American Politics

 

From Nixon to Trump: The Decline of the Common Good in American Politics

Saturday, August 26, 2023

The Best Posts of the Week of August 20, 2023.

The best posts of the week of August 20, 2023.

Vincit qui se vincit



Not the best, but perhaps the most important:












Poster Saturday. Bears are dangerous.


 

Thursday, August 26, 1943. War bond baseball.



$800,000,000 worth of War Bonds were sold for an exhibition baseball game that features seven of the then twelve living members of the Baseball Hall of Fame; Babe Ruth, Walter Johnson, Tris Speaker, Honus Wagner, Eddie Collins, George Sisler, and Connie Mack as the manager.

The event also featured entertainment from James Cagney, Ethel Merman, Cab Calloway, Milton Berle, Joe E. Lewis, Carole Landis and Ralph Bellamy.

Babe Ruth hit his last home run during the game, more of which can be read about here:

1943 All Pacific Recreation Fund – Service All-Stars vs Los Angeles & Hollywood

The 800 million dollars was equivalent to over 10.7 billion dollars in current funds.

The Germans occupied the Alpine passes with Italy in anticipation of the Italians surrendering.

The USSR recognized Egypt.

The US, Canada and British governments give limited recognition to the Free French Committee of National Liberation.

Some Gave All: Fort A. P. Hill renamed Ft. Walker.

Some Gave All: Fort A. P. Hill renamed Ft. Walker.

Fort A. P. Hill renamed Ft. Walker.

Fort A.P. Hill, Virginia was redesignated Friday as Fort Walker in honor of Dr. Mary Walker, the only female recipient of the Medal of Honor.


She was a surgeon who was awarded the medal during the Civil War.  Her citation, which was rescinded with the mass Medal of Honor retractions of the 20th Century, and then restored by President Carter, reads:

Whereas it appears from official reports that Dr. Mary E. Walker, a graduate of medicine, “has rendered valuable service to the Government, and her efforts have been earnest and untiring in a variety of ways,” and that she was assigned to duty and served as an assistant surgeon in charge of female prisoners at Louisville, Ky., upon the recommendation of Major-Generals Sherman and Thomas, and faithfully served as contract surgeon in the service of the United States, and has devoted herself with much patriotic zeal to the sick and wounded soldiers, both in the field and hospitals, to the detriment of her own health, and has also endured hardships as a prisoner of war four months in a Southern prison while acting as contract surgeon; and Whereas by reason of her not being a commissioned officer in the military service, a brevet or honorary rank cannot, under existing laws, be conferred upon her; and

Whereas in the opinion of the President an honorable recognition of her services and sufferings should be made:

It is ordered, That a testimonial thereof shall be hereby made and given to the said Dr. Mary E. Walker, and that the usual medal of honor for meritorious services be given her.

Given under my hand in the city of Washington, D.C., this 11th day of November, A.D. 1865.

Andrew Johnson,

President

A free thinker who had taken up medicine before the Civil War, she lived until 1919, dying at age 86.  In spite of her long life, her health was impared after the war due to conditions she indured with a Confederate prisoner of war.