Tuesday, May 5, 2015

Vikings, maybe not so much after all.

One of the most interesting introductions into the field of history in recent years has been the study of DNA.  The populations of various regions that have more or less static modern populations have been, in some cases, studied, sometimes with surprising results.  Perhaps no place has received more of this attention than Great Britain.

The classic story of Britain has been that it was settled in ancient times by some Celtic population. Following that, it seems a second one invaded at some point.  The Romans conquered it, or at least the southern half, and then in the 400s the Saxons, Angles and Jutes arrived and conquered the southern half of Great Britain, and the Irish Celts the north.  Or so the classic story goes.  Celtic holdouts from these invasions kept on only in Wales.  A couple of hundred years later Vikings from Denmark and Norway arrived, principally as brutal raiders at first, and later somewhat as invaders.  After that, in 1066, the Normans came over from France (the Normans themselves been descendant from Norsemen) and the process ceased, with no further invasions being successful.

Or so the written record held.

Then the study of genetics came in, challenged much of our assumptions, and with the most recent studies it would see that, well. . .the original story was probably more or less correct.

There's been different genetic studies of the British population, and they haven't all been uniform by any means, but the most recent one pretty much overturns the prior one.   The new one concludes that but for a single region of Britain, Scandinavian ancestry is slight.  This reverses the most recent prior conclusions which was that the Vikings came not so much as raiders, but as settlers. Well, they did do some settling, that's been known for a very long time, but it appears that, in fact, they were mostly just raiding.

In contrast, about 40% of the overall British DNA is German, which shows that the prior assumption that the Angles, Saxons and Jutes did in fact invade in strength is correct.  They didn't do under the British Celtic population, however, which was at one time the general assumption, although even Churchill questioned that in his classic multi-volume text on the history of the English speaking peoples.  A conquering people, their culture came to dominate but they obviously mixed with the conquered people, the overall human norm really.

As for the Celts, well it looks like people from Europe had started settling in Great Britain about 10,000 years ago, but we already knew that.  And it appears that the Celts were not one uniform people, but we already knew that too.

So, it seems, the written record was better than it was recently supposed.

Monday, May 4, 2015

The diversifying editorial

Today, the Tribune ran an editorial about diversifying the local economy in light of the decline in oil activity.

Truly, it's 1983 all over again.  Not that the economy shouldn't be diversified, it's just that we're truly seeing history repeat, including editorials of the past.

The fiction of the life work balance.

 Dyersivlle, Iowa, circa 1912.  My grandfather came from here, and his parents and their parents lived their whole lives there, as part of the community.  Not as part of a "career" with a life/work balance.

I don't mean, if you, say maybe you wanna' care for 365 days, right? You ain't got 365 days. You got it for one day, man. Well I tell you that one day man, better be your life man, because you know you could say oh man you could cry about the other 364 man, but you're gonna loose that one day man, and That's all you got. You gotta' call that love, man. That's what it is, man. If you got it today you don't wear it tomorrow, man. 'Cause you don't need it. 'Cause as a matter of fact, as we discovered on the train, tomorrow never happens, man. It's all the same f*** day man.
Ball and Chain, Janis Joplin.

Some time ago, I posted this item on stress and the law in the career advice category:
Lex Anteinternet: Unsolicted career advice for the student No. 2: S...: Quite some time ago I wrote a couple of posts that are basically directed at people pondering the law as a career; one being a Caveat Aucto...
That article here came, as noted, shortly after somebody I had a case against committed suicide.  Quite a shock.  After that, indeed just right before it, I noticed that I started seeing a lot of articles on lawyer stress.  Maybe those articles were always running and I didn't take note of them, or maybe this is an example of synchronicity at work again.  Lots of these articles stress having a proper "work life balance."  Now, somewhat related to this, I've been seeing a number of articles recently that run counter to the vast amount of written legal material that  stress a proper "work life balance".  This is an interesting counter trend, and perhaps one that prospective lawyers should pay attention to.

I don't know how many other careers have advices on the proper "work life balance". I have to say that "life work balance" is one of those terms that strike me as sort of phony, so I'm probably not one who is ideally suited to comment on it.  I expand on that below. Anyhow, the basic gist of the commentary on "life work balance" is that there's a concern in the legal profession that a large number of lawyers are focused only on their work and their personal lives accordingly suffer.  A number of things are interesting about this.

For one thing, it's true.  I'm sure that all professions think this is the case for their lines of work.  Indeed, I've met people who seemingly have vast amounts of free time who complaint about being so busy at work.  On the other hand, I've met people from some professions where there's a genuine belief that people have high incomes and low hours where the opposite is clearly true. Dentist provide one such example. They go to work at some insanely early hour and keep on after most people's closing times.

With lawyers its very much the case.  At least it is in some branches of the law.  I frankly don't know about every area of the law, as one of the things about the law is that law is a career "field", not one single career house, so to speak. Lawyers who do one thing often don't know much if anything about lawyers who do something else.  So what I can say is that at least for people who handle litigation this is true. They basically never are totally away from work.

Family members of litigators, as well as other categories of lawyers, well know this, and any litigator who is honest will tell you this.  They miss family functions, work long hours, and are often absorbed in thought about their cases all the time.  They never really stop working, even when they aren't at work.  They consider their cases and their projects continually.  I found myself pondering something in a case, for example, while attending Mass the other day. Not a very admirable thing to do.  As a result, their home lives and families accordingly suffer.  And that relates to the topic linked in here. Essentially engaged in a mentally stressful activity all the time, they endure high stress.

 
Where I recently found myself pondering a legal topic, and shouldn't have been.

That's where the "work life" advice comes in, and every lawyer has read it. A proper "work life" balance is necessary, we're told. What this means is that we need to balance our time and effort at work with time and effort in the personal aspects of our lives. Again, taken no further than that, that is no doubt correct, if possible.

Recently, however, I saw an article by a long practicing lawyer that just flat out stated that wasn't possible.  Soon thereafter, I read a short biography in our local bar journal noting that a very long practicing lawyer I know strove for that, but didn't feel he really fully succeeded at that.  I suspect that last item is really on the mark.  Now, the ABA journal has run an on line article by a legal recruiter in which he flat out states:
Most attorneys that tell you they are concerned with their ‘lifestyle’ and ‘balance’ never really amount to much in the law, and that is OK, because not everyone is cut out for practicing law in a high-pressure environment,"
Not surprisingly, that comment is receiving a lot of commentary itself.  The ABA article has floods of comments from lawyers calling bull on the recruiters comments.  And not surprisingly, as it came in the ABA context, there are comments, again, discussing in this in the context of the legal White Elephant/Giant Unicorn, "Big Law", an institution that even most really big time trial lawyers don't experience.

As an aside here, I wish the ABA would get over this entire concept of "Big Law".  It may be just me, but I really think the "Big Law" they conceive of was an institution that last existed in the form they think of it some decades ago.  Almost ever issue of the ABA journal's email features some article about some Big Law firm laying off a drove of people.  As The New Republic explored some time ago, the "white shoe" firms aren't what they once were.  Far more lawyers of all types practice outside of Big Law than in it, and as a result, nearly ever discussion of "Big Law" expands out the definition until firms that probably wouldn't recognize themselves as "Big Law" are included in the discussion. It's time for "Big Law" as a term, to go the way that the term "The Big Three" did in regards to automobile manufacturing.

 
1954 Chevrolet sedan. A vehicle that has as much relevance to modern automobile manufacturing as "Big Law" does to the practice of law.

Well, anyhow, the comments all have their points, but what if the bigger truth is being missed. This may just be part of the territory, and the recruiter discussing it may be missing that point (he sees it in the Big Law/Harvey the Rabbit/Unicorn context as well).  That's something to be aware of.

Some jobs are just that way.  Not all are, although my guess is that all people believe that theirs are.  I think that the law is just this way.  It follows a person around, and not matter what a person does to have a balanced life, that's the case.  I think they need to do something, but achieving a "proper work life balance" probably isn't really possible.

Part of the reason for that, of course, is that the entire concept of a "work life balance" is bizarrely modern and fictional in and of itself.  Your work is part of your life, not something that can be balanced against it. Indeed, for males in particular part of a person's psychological make up is their "occupational identity" (women apparently have this as a feature of their psychological identity to a much smaller degree, which probably says something about our ancient origins).  The concept that over half your actual hours on the planet are not part of your "life" and must be balanced against it is frankly bizarre.

Indeed, that creates a bit of an illusion that there's who you are, and then there's what you do for a living.  That concept is a common one, but it's a fraud and people should be cognizant of that.  A person isn't what they do for work, but what they do for work is certainly part of who they are.  If they don't like that, they should consider that, as that's a fact.

Indeed, a rational "whole man" concept would have to acknowledge that, and when we look back at big figures who we admire in part for the wholeness of their lives, we can see where they'd achieved that. Taking again the example of lawyers, we have people like John Adams, Thomas Jefferson, St. Thomas More. or Abraham Lincoln, all of whom occupied that profession but were so much more than that. They didn't achieve that more by balancing their "life" against their work, but rather by taking on their lives as a worthwhile whole.

 Hans Holbein, the Younger - Sir Thomas More - Google Art Project.jpg
St. Thomas More, lawyer, judge, author of Utopia, and principled opponent of King Henry VIII.  I doubt he pondered "work life balance".


Thomas Jefferson. lawyer, farmer, politician.  He had a nice life work balance, but I doubt that was because he'd been counseled to have one.



 Abraham Lincoln, a lawyer that many would consider to have a poor life work balance in modern terms.

This wouldn't mean, of course, that a person ought to surrender themselves to the office and ponder nothing else, although there are plenty of lawyers who do just that. Rather, what it means is that a person should realize that their life is their life and incorporate a worthwhile approach to their work and profession within that.  That isn't possible for every line of work in the same way.  In many, indeed most, lines of work a person is actually free to be more themselves and bring their strong loves with them, something that's an irony about a professional life. That is, for people who work jobs that fall outside this scope of things, lets say mechanics, or mail carriers, etc., their personality can be actually more reflected in their daily lives as nobody expects them to serve in the capacity of their occupation without end.  For people who are doctors or lawyers, etc., this isn't true and people will indeed both identify with you constantly in your profession, even where you with they wouldn't, and the profession will follow you around night and day no matter what.

Indeed, let me note that the fact that this topic even comes up is a pretty loud commentary on modern life, as there's something deeply bizarre, and wrong, about the idea that a person's work isn't their life and shouldn't be.  I've noted before that in many ways we've created a world that we're poorly suited to live in, by replacing a more  natural world of work with a glass and steel cubicle world (for which office walls are barely removed).  Here too, this is something really odd, as we're effectively conceding that we've created a condition in which half our lives are spent in conditions we don't want to regard as part of our lives.  They surely are, but what an odd concept.

 Stockman, usually we don't separate the personalities of farmers/ranchers from their work, but conceive of them all as one (oh wait. . . that cowboy is me).

That, I suppose, means that a person does have to have a concept that's in the same neighborhood as "life work balance", but because your profession will be a big part of your life, that balance concept is bunk, in my view. Rather, you have to incorporate the rest of your vocations and avocations into that life, which is the only life you are going to get.

Those who are looking at this topic, from either end, are I think in error in their approach. But that doesn't mean that they don't both accidentally have a point. For the "work life" balance crowd, your work is part of your life, and you can't balance one against  the other.  For those who say "bunk" to the concept, well, a person is more than their profession, and lawyers who are only their professions and nothing more are both boring and ineffective. Therefore, the real task is to bring that "other" into your profession.  But, and this is important, for those who conceive of a professional career as only a means of making money, or something that they can turn their minds and lives off when they work through the door, and turn them back on when they walk out, they may wish to reconsider their career options, as that can't be done.

Monday at the Bar: Courthouses of the West: Campbell County Courthouse, Gillette Wyoming

Courthouses of the West: Campbell County Courthouse, Gillette Wyoming:







This is the Campbell County Courthouse in Gillette Wyoming. The courthouse has been recently added on to, but the additions match so well that it is not really possible to tell. The court houses the district and circuit courts for Wyoming's Eighth Judicial District.

Campbell County's war memorial is located on the same block as the courthouse.

Friday, May 1, 2015

Some Gave All: Santa Fe Plaza Obelisk, Santa Fe Plaza, Santa Fe ...

Some Gave All: Santa Fe Plaza Obelisk, Santa Fe Plaza, Santa Fe ...:

 This is the Santa Fe Plaza Obelisk in the plaza for that city.

The plaza has been there since 1609. The monument since 1868.

1868 seems like quite awhile ago for most of us, although in thinking on it there's less time between when I was born and 1868 than there now is between the start of World War One and the present day.  Be that as it may, that certainly isn't as far back as 1609.

When we think of 1609, in North America, we tend to think of the east coast and early English colonist. But here, in 1609, the Spanish had established a presence in an area that was already settled, as this area was surrounded by Pueblo Indian communities.

I've posted a few other photos of old structures here recently, including the oldest house in the United States and the oldest church.  Santa Fe, for that matter, is the oldest capital city in the US, having been the capital of Nuevo Mexico since 1610.

We think of settlement in the country as going from east to west. But that wasn't always the case.  Here it had gone from south to north, sort of, if we don't consider too closely that the native inhabitants in this area built towns themselves.

And we tend not to think of how stable these communities were for a very long time.  Towns and cities in the west seem to boom and bust, but down here some have simply endured in their rural settings.  Major locations, although not with huge populations, that have proven very enduring.

Holscher's Hub: Route 66. When the highways used to run throught town.

Holscher's Hub: Route 66


Now, of course, the cross country highways go around towns.  This wasn't always true.  At one time, they went right through the center of town.

Sena Plaza

Sena Plaza

 The geopolitical history of the Southwest in a single location.

Lex Anteinternet: Working around the clock

Recently I posted:
Lex Anteinternet: Working around the clock: We are told that, prior to the influence of labor unions, working hours were long (and conditions dangerous) and about the only day anyone go...
Examples:



Conducting business. . . at Bandalier National Monument.

Painted Bricks: Evangelo's, Santa Fe New Mexico

Over on one of our other blogs, we posted this item:

Painted Bricks: Evangelo's, Santa Fe New Mexico:



Tavern sign for Evangelo's in Santa Fe, New Mexico, featuring the famous Life Magazine cover photograph of Angelo Klonis, the founder of the tavern. The late Mr. Klonis was a soldier during World War Two when this photograph of him ws taking by Life photographer Eugene Smith.  Konis, a Greek immigrant, opened this bar in his adopted home town in the late 1960s, at which time his identify as the soldier photographed by Smith was not widely known.
We also posted this on our blog Some Gave All.

There's some interesting things going on in this scene, that are worth at least noting.  For one thing, we have an iconic photograph of a U.S. soldier in World War Two, which is often mistaken for a photograph of a Marine given the helmet cover, appearing on the sign for a cocktail lounge in 2014.  Sort of unusual, but the fact that it was owned by teh soldier depicted explains that.

Note also, however, the dove with the olive branch, the symbol of peace.  Interesting really.  Perhaps a reflection of the views of the founder, who was a Greek immigrant who located himself in Santa Fe, went to war and then  came back to his adopted home town.

All on a building that is in the local adobe style, which not all of the buildings in downtown Santa Fe actually were when built.

I don't know what all we can take away from this, but it sends some interesting messages, intentional or not, to the careful observer.

The Big Speech: Roosevelt on Leadership

The best executive is the one who has sense enough to pick good men to do what he wants done, and self-restraint enough to keep from meddling with them while they do it.

Theodore Roosevelt

Thursday, April 30, 2015

The Oldest House in the United States, Santa Fe, New Mexico

The Oldest House in the United States, Santa Fe, N...:








This structure in Santa Fe exists on foundations dating back to approximately 1200, and was continually occupied up in to the 1920s.  Interestingly, it's directly across a very narrow street from San Miguel Church, the oldest church in the United States.

Postscript

It's been pointed out to me that I was remiss in not saying who had built the original foundation for the house.

This area of New Mexico has been occupied by Pueblo Indians of various groups for a very long time.  Natives from one of these bands constructed the original foundation, and Pueblo Indians from the Tano group occupied the pueblo in this area until around 1435 or so.  The area may have been vacant for some time thereafter, but was reoccupied by Tlaxcalen Indians, who came into the area with the Spanish in 1598.  They also built the nearby San Miguel Church.

Wednesday, April 29, 2015

Working around the clock

We are told that, prior to the influence of labor unions, working hours were long (and conditions dangers) and about the only day anyone got off was Sunday.  That day, of course, is the Christian day of rest, and people generally at least honored that, giving themselves, and their employees, the day off.

Labor unions came in, and the daily working day, at least in the United States, shrank to eight hours by law, and 40 hours per week, by law, save for employees who are not covered by the Fair Labor Standards Act, which are actually quite a new now, but not nearly so many when the FLSA came in.  Even so, when I was a boy, the working day was generally eight hours long for most people, and most people had Saturdays and Sundays off.  Some retail outlets were open on evenings, all of which were "department" stores, which were also open on Saturdays.  Nothing was open on Sundays, not even gas stations, except for grocery stores.

All a thing of the past now.

Now, as stores have become more and more national and international, more and more of them are open seven days a week, with employees who have to be there on Saturdays and Sundays, and quite a few are open late into the evening, or even twenty four hours a day.  Certainly "convenience stores" are.

All of that, of course, is well known.

But what is less well appreciated is that those people who were exempted from the FLSA in the first place, now never really leave work, unless they're very disciplined.

It's the cell phone, which isn't really a phone anymore so much as its a little computer with a telephonic feature, that has caused this. Cell phones can be set to receive email around the clock.  And they receive calls and text messages by default.  This means that the person with them is in contact with their occupations at all times, save for the discipline to sever the contact.  And that's not always possible.

Professionals and businesses rarely intrude on one another in this fashion with texts or calls, but they do innocently and inadvertently send emails to each other constantly.  I do myself, even though I generally keep the email function of my phone off. That is, I'll send weekend emails on occasion, and some people do a great deal.  They are not seeking to intrude, but a person with an Iphone set to pick them up, will pick them up.

Phone calls are another matter, interestingly.  As we carry our cell phones constantly anymore, and as we use them for work, some people (again not usually business clients or other professionals) will call them on weekend and off hours.  I received just such a call, for example, recently on a Saturday evening while I was at dinner.

Some such calls are true emergencies, but most are not.  It's just hard to resist the temptation.  I've noticed a younger generation has almost no ability to resist it.  But resist it we should.
The sabbath was made for man, and not man for the sabbath:
So we are informed at Mark 2:27. And very true it is.  Even for those who are non religious, people need a brake.  The expansion of work in an intrusive fashion is a feature of our evolving lives, and not a good one.

A century ago, in 1915, when a lawyer, for example, went home, his mail didn't go home with him, and his work probably didn't either.  He might get a telephone call, if he had a phone, at home, if it was a true emergency.   This would also have been true half a century later, in 1965.  Or in 1985.  Not now. This has been a revolutionary change, but it's one that we have to question if we're really benefiting from it?  My guess is that nobody does, and a condition in which fewer things are available after the business day and weekends, and in which people are harder to get in touch with while not at work, might be a better one.

Tuesday, April 28, 2015

Churches of the West: San Miguel Church, Santa Fe, New Mexico

Churches of the West: San Miguel Church, Santa Fe, New Mexico:








This church is the oldest church in the United States.  Built between 1610 and 1626, the church is still an active Catholic church offering two Masses on Sundays.
 
This church serves as a reminder that our concepts of North American settlement are often somewhat in error.  This church in is the American Southwest and has been in active use for over 400 years, a figure longer than any church in the American East, and a demonstration that much of what we associate with European civilization in North America was already further West at an early stage than we sometimes credit, and that what became the North American civilization was already less European, in significant ways. This church, for example was constructed by regional natives.

Sunday, April 26, 2015

Lex Anteinternet: Protesting Too Much: Lex Anteinternet: The return...

I received this past week the newsletter my local representative puts out about the past legislative session.  In it, he notes that all four of the bills he sponsored passed and became law.  And then he goes on to metion. . .  three of them. 

That's right, only three.

The fourth one remains undisclosed in the letter.

I know which one that is, it's the bill discussed here:
Lex Anteinternet: Protesting Too Much: Lex Anteinternet: The return...:   I've commented several times on this year's legislative efforts regarding the Federal lands in the state, with a comment on the...
I noted in that entry I'd written my representative and received a reply.  I'll bet I wasn't the only one who  wrote him, and I'm guessing that those who did write were not pleased. 

Since this bill passed, and even at the time of its passing, news regarding it became remarkably quiet.  It's as if it isn't even there.  The legislature passed it, but chances are that they were getting a lot of mail like mine towards the end, and after, and now there may be a feeling that its better not to say too much.  This is not the norm for Wyoming's legislature, where normally we'd see discussion about big things that they've done.  If they've grown quiet on it, while still proceeding on, there may well be some conflicts and second thoughts, and a desire to get a ways past the session before this becomes news again.

Well, in my prior entries I noted that voters who care about this issue are unlikely to forget it.  Noting that  "four" of the bills you sponsored while discussing only three isn't going to cause us who wrote about it to forget who it was that caused this to occur.  I expect next election this will be an issue.  It should be. 

Sunday Morning Scene: Churches of the West: Community Baptist Church, Glenrock Wyoming

Churches of the West: Community Baptist Church, Glenrock Wyoming:

Friday, April 24, 2015

Does "Homeland" strike anyone else as a bit fascistic?

Ever since 9/11 Americans have been using the term "homeland".  Following the Al Qaeda attack the US government formed the Department of Homeland Security. Government offices discuss "threats to the homeland".  Even the news media will discuss "the homeland".

Homeland?  What's that mean.

I think it's supposed to mean the United States, or perhaps the continental United States, as opposed to our diplomatic missions or overseas missions.  It should frankly absurd, and even a little bit fascistic. 

Traditionally, Americans haven't spoken of any part of their country as "the homeland".  Rather, we speak of our country as, well, "our country", or "the United States", or "America", but not the homeland.  Homeland has a certain "blood and soil"* type of connotation that Americans have generally sought to avoid.  Indeed, one long hallmark of American culture is that even though we recognize and celebrate the existence of regional cultures, the country belongs to everyone. So, for example, a New Yorker can move to Alabama, should he chose, or an Alabaman to Hawaii, etc.  By doing that, that internal immigrant is moving from one regional culture to another, but generally there's no folkish prohibition to hit.

Indeed, the closest term in the western world to "Homeland", as we're presently using it, is the German word Heimat.  Heimat is a bit difficult to translate, but it roughly equates with "homeland" while adding a cultural, and indeed blood, relationship to the term.  The Nazis were big on Heimat, although a cultural closeness to Heimat isn't unique to them in any fashion.  Still, that type of association, which is sort of a fascist thing in general, is not something Americans have every held.

Americans have held a sentimental attachment to "the heartland", which is generally conceived to be the Mid West agricultural heart of the country, which many non Eastern Americans have a familial connection to.  That's quite a bit different.  Southerners, Texans, New Englanders, and Westerners (at least) have a sentimental attachment to their regions, which they usually just identify geographically.  People of native ancestry often are attached to a region as well.

All that creeps up on the concept of a "motherland", which is a cultural concept that's strong with some ethnicities in the United States and some nationalities around the globe.  Perhaps the one that's the strongest is the Russian one, with its concept of "Mother Russia". Irish Americans have traditionally had a strong sentimental and cultural attachment to "the old country", as have Italian Americans.  None of those concepts, however, equates with "the homeland".

Even the adoption of the term in the security context is a bit odd.  We used to speak of "national security" where we now speak of "homeland security".  "National security" sounded mature and sober.  "Homeland Security" sounds like the enemy is at the gates and we're holed up in the bunker.  Not very appealing.

Indeed, for that matter, the change in terms strikes me the same way that the old change from the "War Department" to the "Department of Defense" strikes me.  Poorly chosen.  There was no doubt what the focus of the "War Department" was.

All good reasons, in my view, to ditch all this reference to "Homeland".  Let's just call it was it is, we're either in a long term war with foreign enemies who have an internal fifth column, like the Cold War, or we're engaged in a huge effort against criminal organizations which occasionally have armed expression. Either way, there were existing departments for that sort of thing with less odd names.

*Blut und Boden:  A Nazi phrase associated with Die Heimat (roughly, "the homeland", expressing a nearly genetic identity with a die Heimat with die Volk).

Monday, April 20, 2015

Monday at the Bar: Courthouses of the West: Federal Courthouse, Lander Wyoming

Courthouses of the West: Federal Courthouse, Lander Wyoming:





This is the Federal Courthouse in Lander Wyoming, however it hasn't been used in that capacity in many years. The building is leased out by the Federal government, and chances are that most people, even in Lander, are not aware that this is a courthouse or that it has a courtroom.

I once had a case, about fifteen years ago, in which it was briefly suggested that the trial could be held in the courtroom, when this building was then under lease to the National Outdoor Leadership School, but the suggestion was quickly rejected on the basis that the courtroom had not been used as one in many years, and that it was too small.

Sunday, April 19, 2015

Video: 100 Years on the Lincoln Highway | Watch Wyoming PBS Documentaries Online | Wyoming PBS Video

Video: 100 Years on the Lincoln Highway | Watch Wyoming PBS Documentaries Online | Wyoming PBS Video

A topic that I've discussed here from time to time, early transportation in Wyoming.  Interesting stuff.

April 19, 1865: “The Most Solemnly Grand Imposing Display “ | Wyoming Postscripts

April 19, 1865: “The Most Solemnly Grand Imposing Display “ | Wyoming Postscripts

Synchronicity

Several months ago, for no particular reason, I suddenly had the urge to email an old law school friend.

When he wrote back that day, he'd told me that he'd woken up in the middle of the night, and wondered how I was doing.

Synchronicity.

Recently, I went to look up an event I must speak at for my publisher.  About five minutes later she emailed me regarding the event.

Synchronicity. 

Recently I went to Denver.  The proceeding I was at went way over-length.  On the way home, before Cheyenne, my wife called and informed that friends had been in an accident north of Cheyenne.  Could I pick them up?

Yes, but only due to. . .

Synchronicity.

Years and years ago, indeed perhaps a couple of decades ago, a friend and I left work early, on the last day of Blue Grouse season, to go hunting. We never left work early, but we did that day.  We drove high up into the Big Horns, not really a wise decision on the last day of November, which was the last day of Blue Grouse season.  The road started to drift in, and we decided to turn around, but then decided to go one more ridge, for no good reason. We had actually decided to turn around.  When we got on the top of the ridge, there in the drifted in road was a sedan with an elderly man astride it.  It turned out he was just out of the hospital, from hip replacement surgery, and had decided to go for a mountain drive and become lost.  At that time of the year, with no cattle or sheep in the high country, and no earthly reason for anyone to be up there, it would likely have been days before anyone came that way.  But we did, and we pulled him out.

Synchronicity.

Some call synchronicity "coincidence", which expresses the same thing, sort of.  Synchronicity expresses the phenomenon of extraordinary things in time sync, while coincidence express to things, incidents co-existing in time.  But what is missing from the etymology of both words is the fact, and I think it is a fact, that there's a mysterious element of it which is beyond explanation, and which is metaphysical.

People can dismiss that, but they do so at their hazard.  Open to that possibility, indeed reality, many more things show to be synchronicitous.   Why does one thing suddenly go one way, when past examples show that it should not.  Sometimes, we're placed somewhere, and sometimes, others are placed somewhere in relation to us.  Probably much more often than we realize.

Sunday Morning Scene: Churches of the West: First Christian Scientist, Denver Colorado

Churches of the West: First Christian Scientist, Denver Colorado:





This impressive structure is located in the Capitol Hill district of Denver Colorado. It has a Greek Revival style. I otherwise know nothing about it, including when it was built.

In this photograph, you can see the Roman Catholic Cathedral of the Immaculate Conception in the background, which is about one block away.

Friday, April 17, 2015

Old Picture of the Day: New Mexico Dust Storm

Old Picture of the Day: New Mexico Dust Storm: Today's picture shows a dust storm in New Mexico. The picture was taken in 1935. What a terrible time this must have been.

Old Picture of the Day: North Dakota Dust Storm

Old Picture of the Day: North Dakota Dust Storm: Today's picture shows a dust storm in 1937. The picture was taken in North Dakota. Things look so bleak and barren one wonders how ...

Old Picture of the Day: Dust Storm

Old Picture of the Day: Dust Storm: Dust Bowl week continues with this picture of a dust storm. The picture shows a dust storm as it engulfs Stratford, Texas. The picture...

Old Picture of the Day: Dust Bowl

Old Picture of the Day: Dust Bowl: Welcome to Dust Bowl Week here at OPOD. I read yesterday that California might be experiencing the worst drought since the Middle Ages...

Old Picture of the Day: Oklahoma Dust Bowl

Old Picture of the Day: Oklahoma Dust Bowl: Today's picture shows a dust storm in Boise City, Oklahoma. The picture was taken in 1936. What a dry hopeless scene this is.

Wednesday, April 15, 2015

The Romantic Nonesense of the Feral Horse

 http://cdn.loc.gov/service/pnp/cph/3a00000/3a04000/3a04600/3a04644r.jpg
 Human being engaged in shocking example of lack of horse appreciation. . . or perhaps an Indian capturing a future mount in a romantic visage of the Old West.

I read in the Tribune that the Federal Government has re-placed, as in placed again, several hundred feral horses, inaccurately commonly termed "wild" horses, on the Federal domain in Nevada.  The local county and a local rancher protested, but to no avail.

And well they should have protested.  Feral horses have about as much place in the natural ecosystem of North America as feral house cats do.  None the less, feral cats, despised by bird lovers and naturalist alike, are detested when wild, while piles of gooey romantic slop are poured out about the feral horse.

I like horses, truly I do. But horses are an introduced animal in North America. There's nothing wild about them whatsoever.  As a protected animal on the public domain, they're busy destroying their range and displacing the native wildlife.  From a natural prospective, they shouldn't be there.  Indeed, feral horses are an environmental disaster.

They are there, as every generation of horse users up into the 1980s lost or dumped a few over the years.  Romance has it that every single wild pony out there is a Spanish Barb, but they aren't.  They're just as likely to bear Percheron genes in their lineage as something that was ridden by a Conquistador from Spain.

In this context, it's interesting to turn a bit to the focus of what this blog is supposed to be about; history.

As "wild horse" advocates like to point out, there were horses in North America in vast antiquity. What they don't like to point out is that those horses were an ancestor of the current horse, and bear about as much resemblance to the modern horse as pre human hominid species bear to us, or less.  I.e., if you saw one, you might not think horse at all, or if you did, it'd be "sort of horse like".  They were, as a rule, quite small and not of the useful riding variety at that.  They were most useful as meat for every meat eating thing.

No, the modern horses' story really starts in Asia and the European Steppes, not North America.

The first horses, as we conceive of them, came over with the Europeans.  Europeans were bringing horses with them from day one for obvious reasons.  It was one of the things that shocked and amazed the native inhabitants, which had no similar riding animal.

Europeans also lost a few pretty quickly.  The Spanish lost some of their various horses, blooded and not, fairly quickly, but then so did the English, Dutch and the French (and, some claim, the  Russians).  Pretty much anywhere you go on a colonizing enterprise, somebody is going to get sloppy or an accident is going to happen.  Horses, therefore, of a multiplicity of types, went feral where they could or went into native hands pretty quickly, for the most part, although usually on an edge of contact basis.  I.e., not continent wide.  Not only horses, it should be noted, but burros and mules as well.

In the American West, where the romantic slop about wild horses is focused, horses were first taken up by the natives in the early to mid 1700s, actually later than often generally supposed.  The location of the "first contact" with horses in some cases is preserved.  Indeed, one such encounter in Wyoming left the name of the location, Horse Creek, in that fashion, although such names should not be immediately relied up on as, after all, there are a lot of Horse Creeks and you need more data than that.  That particular spot was for one of the Sioux bands.  The Sioux and Cheyenne, as is well known, took up the horse enthusiastically.  The Shoshones, however, did not, except for a band that argued for their adoption, mostly made up of young men. That group was called The Arguers, or as we know them by that name in their native language, the Comanche.  Thus bloomed the native "horse culture", the run of which was extraordinarily brief.

By that time, the early to mid 1700s, the natives were largely picking up horses from feral bands of horses.  And those horses did indeed include descendants of mixed Spanish stock.  But that doesn't mean that they were all descendant of fine blooded horses by any means.  Not every Spaniard mounted in North America was a Don of noble lineage, and not all of their horses were of the type a Don would have ridden. That doesn't make them bad by any means, however.

Less well noted, by that time it seems probable that French Canadian horses, of a type called the Canadian, and likely descendant of Norman stock, were also wondering loose and coming down from the north, or just occasionally getting separated from the courier du bois.  Horses, generally oblivious to bloodlines themselves, mix freely and therefore the "pure" line of any one group of horses should be questioned, at least when not presented with greater detail.  And for that matter, to some degree, it doesn't matter.  It's fairly well demonstrated that, in North America, all western feral bands bread towards a grade standard of tough hardy pony.   Most "range horses", as they were typically called, resemble those ridden by Mongolian nomads more than they resembled something we'd imagine a Conquistador riding.

Range horses were a free resource by the late 19th Century, and by that time, both the Indians and the stockmen were making free use of them. Even the Army did, acquiring them from horse traders, intentionally, or occasionally from captured Indian stock, for supplementing those procured through the established remount system of the time.. The tough nature of the Range Horse, really a tough pony, was appreciated over the more injury prone "American Horse", which was larger and had a different dietary requirement.

 No use kicking - cowboys saddling a wild horse, Roosevelt Day, Cheyenne, Wyo.
Cowboy saddling a wild horse during Frontier Days, Cheyenne Wyoming circa 1903.

It'd be tempting to conclude the story here, and often it is, but that would not be historically accurate.  When the Frontier closed, the horse era was still alive and well, and there were plenty of feral horses around free for the taking.  They continued to be regarded as a free resource for ranchers well into the 20th Century, and it became common for some ranchers to supplement their incomes by domesticating a few captured.  Some of these went directly into use on ranches, but others not.  During World War One, more than a few were sold to British Remount agents, which sparked some protests from the British soldier users.  This all went on into the 1950s and 1960s.

 Wild horse round up
Wild horse roundup, 1920s.

Just as horses were taken from these bands well into the 60s (and likely the 70s), horses were contributed to them as well.  In the early stock raising days in the west ranch horses were simply turned out to fend for themselves during the winter, and by the spring they were pretty darned wild in their own right.  No doubt not all of them came back into ranch use every spring.  And horses continued to get lost, etc. In the 1930s horses were outright abandoned, as desperate farmers pulled up stakes and moved on.  Plow horses that were very far from wild found themselves in wild bands, as their human owners gave up on them. This repeated itself in the West in the 1980s, when those who had bought pleasure horses during good times abandoned them when times got tough.

 Catching, roping and tying horses in the corral to remove their shoes at the end of the summer season before turning the horses out on the range for the winter. Quarter Circle U, Brewster-Arnold Ranch Company. Birney, Montana
Stock horses, being roped so their shoes can be pulled before being turned out for the winter.  Montana, 1940s

This is not to say, however, that the use of wild horses remained the same throughout this period.  Indeed, it did not, as better options were available.   The Army moved away from range horses around the turn of the prior century, as it moved towards more blooded stock.  That move created the post World War One Remount system which in turn provided horses for breeding purposes to stockmen, who were eager to acquire the better stock that this allowed for.

By the 80s, indeed by the 1970s, a new era of nonsense had come in.  Driven on by the idea that certain forces were going to extinguish wild horses from the range, and motivated by the efforts of Wild Horse Annie, wild, that is feral, horses became Federally protected, and we've had to live with that ill thought out effort ever since.

The basic problem is that there'd never been a day when new horses weren't being added to "wild" bands, and there'd  never been a day when humans weren't culling them as well.  Federal protection was sold on the "romance" of the West, but in truth, humans had been removing horses from feral populations from the very first day they'd existed. Europeans recaptured horses if they could. Indians captured them as well.  Ranchers did likewise, for use and for sale.  An effective brake, therefore, existed on the expansion of the population. With the Wild Free Horse and Burro Act of 1971, that was no longer true.

And the results were pretty predictable. The population tends to get out of control, and the Federal government has to come in and address it. This brings out the deluded, who imagine these populations to be wild, when they are not, and somehow fails to grasp that the critical element that existed in prior days, human culling, was removed from the act. The horses in turn expand their population and destroy the range, to the determine of everything, including actual wild native animals.  The nonsense associated with them, including a wholly unwarranted Federal expense on a non native domestic animal, also serves to breed contempt for the Federal government in a region where it is little appreciated to start with, fueling such bad ideas as the transfer of Federal lands to the states, as local populations seek to free themselves of such overreaching.

The solution to this is quite simple.  Horses could simply be returned to state management, or lack of it, as they had been in former eras.  In this day and age, it's unlikely that any state would allow them to be wholesale removed, and several of the states that have isolated bands of "wild horses", including Wyoming, are quite proud of them.  But states would manage the matter better, and by inserting the element that made this story so "romantic" to start with, actual horsemen.

Not that this is going to happen. The trend is in the opposite direction. A peculiar example of a domestic animal gone feral, and preserved in a feral state by romanticism, with romanticism being based on human interaction, which is now precluded.

Career help at the high school

Last night I attended a session for high school juniors and their parents concerning in state post high school options, of which Wyoming has quite a few.

I was impressed, frankly, that they work so hard on this now. When I graduated high school, in 1981, I don't recall that being the case.  Perhaps, of course, I simply ignored it, but I'm pretty sure that there wasn't much of it.  Indeed, I don't ever recall going to something like that, and about all I do recall is taking some sort of career aptitude test  while there, and having to see my guidance counselor and obtain his signature prior to my graduating.  I recall when I did that I had a hard time finding him in the office and finally had to track him down early in the morning, whereupon he signed my form without offering any advice.  Frankly, I think the school system failed us in this regards.

Now they're doing well however.

And part of that doing well was the attendance, by the various community colleges and the university of the session, with each institution, plus the Electricians education program (a very good local program) all explaining what was unique about their programs and institutions.

The one thing I was disappointed to see is that the session wasn't well attended, or rather not as well attended as I would have guessed, but you can't make people come.  One irritating aspect of it I've already noted, which was the recently arrived Bostonians comments on various aspects of the local post high school school options, which were offered in seeming ignorance of the history of what they were commenting upon.  Their daughter sat stoned faced through the entire thing, but as kids acclimate quickly, I can pretty much guess what she was thinking.

Anyhow, nice to see this being done.  Some things do indeed improve over time, and this has certainly improved vastly since 1981.

Ineffective Point of Argument II: "I came here in . . . "

"I come from back (fill in blank here) and. . . "

Okay, this particular item pertains particularly strongly to the West, but similar arguments no doubt exist everywhere.  It comes in two distinct forms, neither of which make for an effective argument.

One I've been seeing a lot of here is "I came here back in '96 and".  Indeed, there's an argument like that in this past weekend's Tribune, presented in a letter to the Editor.  The point the correspondent thinks they're making is that they've been here for a long time and have particular local knowledge.

The problem with that, and which is particularly demonstrated by the letter of this past weekend, is that for people with a really long association with an area, perhaps a lifelong one, a lot of these dates suggest that the person in fact has low association with an area.  In the example cited, the correspondent is writing about a suggested change to the  City of Casper.  I've written on the same topic, and raised a couple of the same points, but didn't maintain some others.  One point that the writer tried to maintain was that the correspondent had been here since 96, and was tired of all the people who moved in during the boom and would be glad to see them go.

Well, many people here can remember 86. . .or 76. . I can.  I was born in 63 and might remember at least one thing from 66.  Plenty of locals do, and from 56, 46 or 36.  Saying that you came here in 96 emphasizes to us that you are actually part of the demographic, newcomers, whom you are complaining about.  Or, if you are trying to establish your credentials for long observation, to us, you can't.  You don't have it.  It's a poorly presented argument.

The other way that this is presented is usually as a joyful observation by an admitted newcomer who has a nifty suggestion for how we can make this place a bit more like the place they fled for some reason. Again, that's a poor argument.


This is just a bad thing to say,if you are in the West.  But you see it all the time. Somebody wants to argue for something, and in order to prove hteir love of their locality, they poitn out that htey moved from someplace else to here.

That doesn't make your argument credible, it makes you an outsider who is coming in and telling us what to do. We don't care about how you did things back home.  You aren't back home.  If you liked how they did it back home, you should go back there.  That's how that argument will be received.

Provincial?  Yes it is, but we tend to be that way here.  If you are presenting an argument to provincial people, it doesn't help to suggest that you aren't form the province. The point isn't that you aren't from here.  A lot of people aren't. But if you moved here as an adult, if you present this argument, you probably better have at least 30 years of residence before you begin trying to throw it around in a general audience.

________________________________________________________________________________

Postscript
The other way that this is presented is usually as a joyful observation by an admitted newcomer who has a nifty suggestion for how we can make this place a bit more like the place they fled for some reason. Again, that's a poor argument.

It occurs to me that there's another variant of this.  This occurrence comes to mind as I just saw it in action at a public meeting.

What that is, is when a newcomer has an observation and loudly or persistently feels that they have a brilliant or important solution to a problem they've observed, without bothering to learn if there's a history to the situation.  Normally those who know the history will quite frankly keep their mouths shut unless really provoked, which doesn't mean that it isn't irritating.

In this example, at a public meeting, a newly arrived (three years) person from Boston wanted to know why Wyoming doesn't have a second four year university.  She was persistent in the point and nobody bothered to clue her in as to why.  This might be regarded as a minor matter, but it really isn't.

The reason that we don't have a second four year school (that is a state funded school, we do have a second four year school) is that we've already fought that fight and lost it. But, in sort of a typical American fashion, the winning side accommodated the losing side and we're very happy with the result.

Back in the 1970s there was a big local push here to make Casper College the second four year university.  It's a big community college, and the oldest one in the state, and we were in a boom (yep, that again).  So local legislators and the community pushed hard for that, but we lost.

But after that, the University started to offer UW class at Casper College, and that developed into the University of Wyoming at Casper College, a massive program that offers quite a few Bachelors degrees. We here really lucked out. UW took heed of our complaints and addressed them in a spectacular fashion. We basically fully got what we wanted.

Except, perhaps, if you just arrived here recently and where you were from had more than one four year school.

Now, this is a western state with a small population.  Some western states with small populations do have more than one university, but it's worth noting that many that do have one major one and then others that are very small. We've surpassed that.

None of which, I'm sure the Boston commenter knew. But her comments, to the veterans of this fight, suggest we give up what we got in favor of a doubtful proposition.  It comes across like a kid, after demanding ice cream but getting pie, throwing it across the room.  Not well received.

Or, I suppose, it'd come across like going to a Boston city counsel meeting and saying "Wow!  Cool city!  Why doesn't the Crown put in a courthouse here?"

Pet Peeves: The overly detailed receptionist

Receptionist:  Hello, this is Anonymous Law Firm, how may I help you?

Me:  This is Pat, is Joe in?

Receptionist: Did you say this is Cat?

Me:  No, Pat.

Receptionist:  Todd?  (No joke, about 25% of the time when I've said Pat, they ask me if I said Todd).

Me:  No, Pat, P, A, T.

Receptionist:  Okay Todd, may I ask whom you are calling?

Me;  Um, Joe.

Receptionist:  Are you an attorney?

Me:  Yes.

Receptionist:  And may I tell him why  you are calling?

Me:  I'm returning his call.

Receptionist: And what did that concern?

Me:  Whatever it was that he was calling about. He called just five minutes ago.

Receptionist: And what was he calling about?

Me:  Um. . . I'm sure he knows.

Receptionist:  Shall I see if he is in?

Me: That'd be great, thanks.

Pause. . . . .

Receptionist:  He says he's not in.

Me:  Really, he asked me to call him?

Receptionist:  Well Todd, would you like to leave a message.

Me:  The name is Pat, and yes I'd like to leave a message.

Receptionist:  Todd, would you like to leave that with me or his voice mail?

Me:  Does he check his voice mail?

Receptionist:  Yes.

Me:  I'll take voice mail.

Receptionist:  Okay, what is your message.

Me:  Umm, I'd like voice mail.

Receptionist:  Okay, I'll let him know that.

Me:  No, wait, I'd like to leave him a message on his voice mail.

Receptionist:  And will he know who you are?

Me:  I hope so, he called me five minutes ago and we have only one case together, I think he'll know which one that is.

Receptionist:  And whom shall I tell him he is calling?

Me:  Pat.

Receptionist: And what shall I say this is about, Cat?

Me:  No, Pat, and I'm returning his call.

Receptionist:  And what was he calling about, Todd?

Unsolicted career advice for the student No. 6: Stress and the law, know your mind.

Quite some time ago I wrote a couple of posts that are basically directed at people pondering the law as a career; one being a Caveat Auctor thread and the other on getting a useful prelaw education.  I'm sure that absolutely nobody who is pondering law school reads this blog, as hardly anyone does, but I recalled those when I read the most recent issue of The Wyoming Lawyer.  Then I forgot about it until this week.

 
Enigmatic message on a marble bench on the Byron White Courthouse in Denver Colorado originally penned by Francis Quarles, who also stated "No Cross, No Crown". I've never been too sure what this message actually was intended to counsel, but Quarles did not seem to be an advocate of idleness.  I suppose its supposed to inspire a person to strive on, forsaking rest, but in a life that's not long anyhow, maybe it really should be read to counsel the opposite, as some entire cultures do.*

On Monday last, I had a telephonic hearing with a lawyer I've been working against in a case. A really nice guy, we'd gotten along well in the case, which certainly isn't always the situation with opposing counsel  Some lawyers can be real jerks, but this guy wasn't.  Just prior to the hearing he asked me for a continuance of the schedule.  He'd already asked the other defense counsel in the case the same thing, and he'd agreed to it.  I had my reservations, but I agreed to it too. They both wanted one, and while I didn't need one, there were things I could do with the extra time.  All went well, counsel were friendly, the court cooperative, and everyone parted, it seemed, in good spirits.

Then, that night, that lawyer went home and killed himself.  I didn't see it coming.  I wish I hadn't agreed to the extension. With trial right around the corner, I feel he would have hung on out of loyalty to the client.  Maybe the crisis would have passed.

Back to the magazine.  The Wyoming Lawyer is the monthly magazine that members of the Wyoming State Bar receive. It's nicely done and has pretty good production values, which is more than I can say for a lot of career journals. This month's is mostly about psychological well being.  Then the ABA Journal came out, and it had an article on the same thing, maybe more than one (I didn't keep the journal around long, as it didn't appear to be that interesting of an issue).

I'm not really going to comment on the psychological well being context, but it does raise an interesting point for those pondering entering the law, that being, are you up for it?

That may seem like a silly question, but apparently the statistics are alarming for lawyers.  The depression rate is really high, apparently twice that of the general public, and that manifests itself in all sort of terrible ways, from consuming gallons upon gallons of alcohol, to taking illegal drugs, to dicey behavior.  Indeed, I think I've known lawyers, over time, who fell into all of these vices.  Additionally, apparently, the suicide rate is high for lawyers, although the statistics vary on that.  Dentists may or may not have a high rate as well.  Lawyers come out something like second or third in that grim area.  I've known quite a few dentists, but I've never known one who harmed himself.  I can't say that about lawyers, however.  Definitely not now, sadly.  Indeed, after the tragic event mentioned above occurred, another lawyer told me about a fellow that we know of, who died quite awhile back, who also took his own life.  I didn't know him that well, and I don't think that this was widely known (or if it was, I didn't know it).  And it occurred to me that I know of at least one other instance, which in that case was apparently mixed with the resort to illegal drugs, which no doubt made the situation even worse.  And in further pondering I realized I know if yet another lawyer who fell into some sort of weird situation, in another state, and ended up in an armed standoff with the authorities.  Guess I hadn't really pondered any of this until now, but it occurs.

All of this, or at least most of it, seems to be due to people's inability to deal with stress, although in the recent example I mentioned, the lawyer had suffered a horrible psychological trauma as a young man, and my guess is that is what caused his grim frame of mind, not the law.  Various state bar organizations, including our state bar, have set up programs to deal with lawyers falling into the vices noted above, and attempt to help their members, but I wonder how much of this really can be proactively dealt with.

One reason that I doubt it is that lawyers like to repeat the propaganda that our adversarial system is the best in the world.  I think there's real reasons to doubt that, and the less adversarial systems of France, Germany, Spain, Portugal, Austria, Norway, Finland, Sweden, Denmark, Holland, Switzerland, and so on, are at least as good as ours.  At any rate, a system which encourages adversarial conduct is going to be stressful in and of itself.  No doubt about it.  Beyond that, a legal education system that has flooded the market with young lawyers is also going to whack them upside the head with stress.  Most traditional legal education systems tended to weed a lot of people out, and the American system itself did at one time, but this is no longer so much the case. The schools produce the graduates and state bars are moving towards systems that let most of them in.

All that means you have a lot of people who may have entered for one reason or another but now find themselves fighting for work and fighting for a living. That sounds pretty stressful.  This would, however, seemingly be uniquely the case in litigation work, which is fighting.  I wouldn't think transactional work, for example, should be as stressful.

Having said that, one other added element of that, I suspect, is that at the end of the day, the law is about solving problems.  And that means people transfer their problems to the lawyer.  It's easy to think of lawyers as guys with expensive suits engaging in witty banter all day long, but in reality for almost every single lawyer the day is filled with attempting to solve other people's problems.  In litigation, of course, that means advancing a point that they desire, one way or another, which may be all the more stressful as the solution may not really be tailor made for their actual problem, whatever that is.

Recently I ran a series of letter snippets here between my grandmother and grandfather, on my mother's side, all of which related to either World War One or riding horses.  I didn't, by any means, put up all those letters.  But I know, from family stories and what not, how things were and went.  My grandmother, at the time she wrote those letters, was 26 years old and hoping to get married to my grandfather, who was struggling to get a start in business.  They did get married, but about five years later, when he'd returned home to Montreal.  I note that, as if you read the letters in their entirety, you can see that he was frequently ill in his 20s and obviously very stressed out. The family well knew that.  At the time those letters were written he'd already received a discharge from Canadian service due to ill health, which was mostly due to a very nervous disposition, and he'd struggle with that his entire life.  Indeed, he ultimately turned to drinking himself, until my grandmother told him to knock it off, and he did, simply quitting.

My point here is not to condemn him.  By all accounts, his children loved him greatly and the family was a very noted family.  But rather something that was noted at the time, and was noted later, is that he was an extremely intelligent man whose constitution just couldn't endure high stress.  He would probably have been better off as an academic or something. But, coming from a family of very high achievers, and being uniquely afflicted in this sense, nobody really understood that and he followed along the well trodden family path of business.  Ultimately, it did work out okay, but it was hard on him.

I wonder how many other people find themselves in situations like that.  From groups of high achievers, and uniquely oppressed by such a condition.  Now, there's all sorts of things that can be prescribed for such people, although I'm personally bothered by the degree to which Americans resort to pharmaceuticals for everything now days.  I wonder if a person should take something like this into account. 

Over the past year or so I've run across lawyers who were drinking too heavily, one who was engaged in an improper relationship with a female employee which resulted in the end of his marriage, one who seems to be on the constant edge of a nervous breakdown (assuming that's still regarded as a real condition), one who writes nasty letters but who won't answer his phone, one who quit law work, went into policing, and then had an improper relationship with another policeman while at work, and now one who killed himself.  I can't say that all of these are reactions to stress, but all but the last one are so common in this line of work, I wonder.

Some lines of work require psychological testing before entering them, I'm told.  Law enforcement now does, I guess.  I know that American submariners and missile crewmen do.  I kind of wonder if law schools ought to at least require some sort of testing to inform the student of if their makeup is suitable for the law, before they invest in their education.  But then law schools generally aren't very good about informing students about the practice of law in general, and have low interest in discouraging people from entering law school.

Be that as it may, a person whose prone to bad reactions to stress maybe ought to think twice about some aspects of the law, assuming that they know that they have that character trait, which I suspect few people do, until their really under stress.

___________________________________________________________________________________

 Postscript

On this topic, because I think its significant, and because  I recently saw an example of how this is true that brings it to mind, I thought I'd amplify something that's mentioned above, but which wasn't expanded on much when I noted it.  That's the element of responsibility in the law.

I hear all the time, from people contemplating a legal career, that "they like to argue", as if that somehow qualified anyone to be anything.  Make no mistake, it isn't whether you like to argue or not that makes you qualified to be a lawyer, or makes the law an ideal career for you. If you truly like to argue, that may just make you a jerk.

The bigger question is whether you like to take on the responsibilities of others.

That's the key aspect of a legal career and legal personality.  Everything else is ancillary.

Most people don't, quite frankly, like to take on the hopes, dreams and burdens of others, and carry the full weight of them.  Some do, but most do not. But that's what an awful lot of lawyers do, and that's what all lawyers do to some extent.

That, for litigators, this is done in an adversarial setting doesn't change that.  A lawyer arguing in court his hoping to win something for somebody else, and that person is depending on them.

That's the key thing, I think, that causes stress in the law.  A lot of people who have entered the law because they were smart, analytical, etc., may not have realized that what they were signing up for was to be completely devoted to the causes and hopes of other people. And that can wear on a person.  It wears on some more than others.

And it's something that people don't understand at all.  For that reason, there's little relief from it at any stage.  Family, which should be the primary refuge from this, provides one of the main areas where it doesn't occur.  The lawyer, being a person who solves problems for others all day, is expected to keep on doing that at night.  Men and women who travel weary hours for others are asked to turn around and do it for those at home. All that is reasonable enough.

But that gets to some very much, and that's something that a person entering this field should be aware of.

The paradox of it is that if a person is motivated by a "desire to help others", in my view, this is also the wrong career. That suits a person for social work, or perhaps for the seminary, but not really for the law.  That's a greater type of calling, and this is a more narrow one. The work of the lawyer is more at the pick and shovel end of things, but none the less the work is often desperate and important, and a lot of weight if carried on that person's shoulders.  Just because a person liked to compete in high school or college debate doesn't mean that they want to take on the desperate causes of other people. That's something that at least all lawyers do a little, and some lawyers do a lot of, and that's something to consider.

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*On the other side of the building are the words "Alternate rest and labor long endure."