"Take My Snake" you *$%$@ politicians

Instead of paying the bribes demanded of them, two North Indian farmers deposited three bags of snakes on the floor of the local tax office. As a protest against endemic government corruption, Hukkul Khan and Ramkul Ram (a local snake charmer) collected together more than 40 snakes, including 4 cobras, and then delivered the snakes to the tax office in Basti.  Office workers described the scene as "absolute chaos"... snakes crawling and climbing everywhere.  Snakes are a serious problem in India, even when they have not been angered and dumped in front of helpless functionaries.  The American Society of Tropical Medicine and Hygiene estimates that nearly 46,000 people in India die each year from snake bites.

Unnamed Man Ok after bender 123 years ago

The Waco Evening News reported today (December 20), 123 years ago (1888), that the "unfortunate man" who had succumbed to mania a potu is feeling much better.

In other news:
- The Constable waited until after the wedding ceremony to arrest another unnamed man for swindling and child abuse. 
- Lizzie Bennet was tried and convicted of swearing in a public place.  Fine of $5.00.

Mania a Potu: Near death in Waco 1888

On page 4 of the Waco Evening News this day, 123 years ago, a curious note was placed regarding an incident at the saloon.  Unfortunately, inside jokes are lost in time.  Who was the traveler so "well known in Waco" that a name was unnecessary?

"The banks of the dark river were pressed mighty close to-day, by the staggering feet of a commercial traveler, well known in Waco.  He fell from a chair in a saloon about ten oclock this morning, and was taken to the city hall.  His symptoms verging on a fierce form of mania a potu, grew alarming and a physician was called in.  At three this evening he was thought to be out of danger, but if he should recover he will have made a narrow escape from the dark waters of the Styx."

"Mania a potu" - madness from excessive consumption of alcohol.

Lost & Found in Waco: 123 years ago

12/19/1888 - Waco Evening News

The Waco Evening News, in service to the citizens of Waco, Texas, provided a daily list of notices regarding items lost and found.  On this day (December 19), 123 years ago, the News included the following notices:

Sanborn Map, 1885, McLelland Opera House

- Lost - Memorandum book of the Waco Bridge Co.  Lost on Austin Ave.  Please return to Mr. Russell at the bridge.  (The Bridge Co. was the entity that collected tolls for crossing the famous Waco Suspension Bridge.)
- Found - A copy of "Daniel's Chancery Pleading and Practice" on south 5th Street.  (hmm, heavy book to drop.  I guess he running late to a hearing at the courthouse.  In 1888, McLennan County was on its third courthouse, which was located at the corner of Franklin Ave. and 2nd Street.)
- Lost - A pair of gold spectacles.
- Found - A boy's overcoat, at the old McClelland opera house.

- Lost - One blow Pigeon.  $1 reward.  (I have no idea what a "blow pigeon" is.)

Sanborn Map, 1885, McLennan Courthouse

Lady Blunt Exposed?: her cheaper brother, Betts, submited to the indignity of cloning

Betts"y" violin.  You can see the original Stradivari label.

The famed Lady Blunt, which sold at auction for the record price of $15 million in June, has caught the attention of the marketers who wish to recreate a Stradivarius for a less affluent market.  (see Increase 100 Fold and Lady for Sale). Dr. Steven Sirr, a radiologist with a passion for violins, has scanned Betts, a less famous older brother of Lady Blunt.  The Betts was made by the Stradivarius workshop in 1704. Unlike his sister, the Betts is famous for being the cheapest Stradivarius in history.  In 1820, the violin was sold to the Betts shop in London for 1 guinea, thus acquiring its name. 


Dr. Sirr has used his radiological equipment to scan the Betts, hoping to divine its magical musical qualities.  From the thousands of images, the Waddle Violin Company has recreated the famous instrument with computer guided cutting equipment.  Dr. Sirr says that his next project is to scan a Stradivarius cello.

Metallic Aura scan of Betts.

122nd Anniversary of Hume v. United States (132 US 406): origin of phrase "Aw Shucks"

 Government Hospital for the Insane, founded 1852

In 1883, the Government Hospital for the Insane (National Insane Asylum) in Washington (later to be known as St. Elizabeth's) had a desperate need for 8,000 pounds of shucks.  Frank Hume, a supplier of goods, responded to the U.S. government's call for bids.  Mr. Hume bid 60 cents per pound for shucks, which the Secretary of the Interior accepted.  It is important to note that at that time, unhackled shucks were worth $12/ton and hackled shucks went for $35/ton.  Per pound that is .6 cents and 1.75 cents.  The Court of Claims found the contract to be a grossly unfair and thus an unconscionable contract.  Oh Frank Hume, you were such an "equity rouge."  But how could the Secretary of the Interior be such a "common-law fool" as to math?  The Court of Claims suggested that the bid sheet was misprinted and instead of "pounds," it should have read "100 pounds."  Anyway, the Court of Claims disregarded the contract, following the precedent set in the famous "equity rouge" case of James v. Morgan, 1 Lev. 111 (1663). Morgan, like the U.S. Secretary of Interior, agreed to buy a horse for a barley of corn for each nail in the horse's shoe, doubling the price for each nail.  This convoluted calculation (similar to car lease agreements) resulted in a price 12.5 times the market value of the horse.  Thus was born the common law principle that gross mathematical ignorance is a defense to contracts. As applied by the Court of Claims, Mr. Hume was only entitled to the market value of his shucks (thus the phrase "Aw Shucks" was born): $117.60 ($35/ton).

Both the United States and Frank Hume filed a petition for review to the U.S. Supreme Court.  Hume v. United States, 132 U.S. 406 (1889).  In a tradition of government contract shenanigans, Mr. Hume argued that he fully intended to bid .60 cents per pound, an amount 35 times the market value of the shucks actually delivered.  "One day," Mr. Hume argued, "the U.S. government will pay $436 for a hammer and $640 for a toilet seat, whatever that is.  My attempt to defraud the government should be judged in light of future fiscal failings by Washington."  In response, Asst. A.G. Maury stated that, "The time is now that you [Legislators of the Bench] create an escape door for the mathematically-challenged of the world to unshackle themselves from contracts that they did not understand in the first place.  Our complete and utter ignorance should void the contract and protect us from having to pay anything for these shucks.  Furthermore, Mr. Hume should be punished for allowing the us to enter into this contract without comprehending how much the contract will cost."

The Supreme Court, with the wisdom of Solomon, returned to nail-counting case of James v. Morgan and affirmed the general rule that an unconscionable contract is void and an "equity rouge" shall receive no more than market value for his shucks.

Soviet Arcade Games: High Score = Capitalist Pig

Morskoi Boi

The one thing you need to know about Soviet arcade games from the 1980s is that high scores were not permitted.  You could win enough point to earn a free game, but once the final tune played, your digital achievement faded in to a collective oblivion.  You can relive the glory days of Soviet games at the Museum of Soviet Arcade Games.  Some games, such as Morskoi Boi (Sea Battle) can now be played online, saving you the 15 Kopek coin rattling around in your desk drawer.

15 Kopek

Anti-Artist's newest anti-art piece: Banksy Sins Again

Cardinal Sin - Banksy 2011.  Squint and see the face...

Banksy's latest controversy is entitled "Cardinal Sin."  The artist obliterated the face of some forgotten nobleman and replaced it with bathroom tiles.  There is an honored tradition of destroying art to create art.  The pinnacle of the arti-art "school" is Rauschenberg's "Erased de Kooning."  In 1953, the Port Arthur, Texas native visited his mentor's studio to ask for one of his drawings.  De Kooning recognized the symbolism of Rauschenberg's request and said to the younger artist, "I want to give you one that I'll miss... I want it to be very hard to erase."  (see Mark Stevens and Annalyn Swan's "de Kooning: an American master.")  Rauschenberg accepted the offering and proceeded to meticulously erase de Kooning's drawing.

Erased de Kooning Drawing - Rauschenberg 1953

LHOOQ - Duchamp 1919

A significant difference between Banksy's "Cardinal Sin" and such works as "Erased de Kooning" and Duchamp's "LHOOQ" is the target of the artist's attack.  Rauchenberg and Duchamp (see old post regarding Pinoncelli's "comment" on the "Fountain" by Duchamp) attacked the "institution" of art; they called into question the meaning of art.  Banksy, as a third generation anti-artist, is working from within an institution of "anti-art" and has used his creation to attack a subject external to the art world.  Cardinal Sin was designed as "a response to the child abuse scandal in the Catholic church."

Christmas Photos and Strange Marketing: Mayor "Xerxes" Santini

Christmas Card

In what is a bold holiday statement, Hon. Jorge Santini, mayor of San Juan, included in his family photo an leopard killing a gazelle.  The Huffington Post accurately comments that this hunt scene is a little "creepy." The motives of Mayor Santini still elude the press and his constituents.  The Mayor says that the scene is not about destroying his political enemies, but promotes the local wildlife museum he founded in 2008.  The museum does have a diorama with a leopard carrying away a more manageable sized prey.  Despite the mayor's assurances that this card is not a political statement, the image of a lion killing its prey reaches back in history to Achaemenid empire and the city of Persepolis.  The imagery of the lion attacking the bull was engraved on the walls of the city and its coinage.  The full meaning of the conflict remains the subject of speculation, but the fight between the predator and the prey symbolize a cosmic struggle of power and submission.  Mayor Santini, are you the lion or the bull?

Lion & Bull from Persepolis

San Juan Wildlife Museum

Pixilated Cloud or Terror Attack: Art imitates life

The Cloud, rendition.

Rotterdam based architectural firm MVRDV has come under attack for the design of a building to be constructed in Seoul, Korea.  The Cloud, a two tower structure connected at the 27th floor by a "pixilated cloud," evokes the destruction of the World Trade Center.  To be honest, if the building can be constructed as designed, it would be fantastic.  The only draw back is the allusion to death and destruction. 

MVRDV denies any intentional connection between the design of the Cloud and the attack on the twin towers.  "It was not our intention to create an image resembling the attacks nor did we see the resemblance during the design process. We sincerely apologize to anyone whose feelings we have hurt, it was not our intention." 

The Cloud, concept drawing.

Setting aside the potential for a grim trend in architecture, could a building designed as an homage to the destruction of iconic architecture be beautiful and inspirational in a non-offensive way?  Instead of seeing the Cloud as a monument to the destruction of life and art, embrace the design as a provocative comment on the ability of architecture to transform the gruesome into the beautiful.  If the building is to be built as a memorial, it should be in New York.

Pendle Witch House Protected by Dead Cat

From Barking Moon Bat

Beneath Pendle Hill in Lancashire, England, archaeologists have unearthed a 17th century cottage that has been enthusiastically described as a Pendle Witch home.  What is the determinative evidence?  The dead cat buried in the wall of a secret room.  Undoubtedly, the cat was once alive and thus it is as likely as not that the cat had been buried alive in the wall in order to protect against evil (or good) spirits.  Many contemporary books on cats reference pagan European traditions of burying a cat alive in a field or foundation in order to ward off evil spirits. This might suggest that the cottage recently uncovered was merely a neighbor to a Pendle Witch or her client. 

Pendle Witch Trial transcript by Thomas Potts, 1612.

The Pendle Witch Trial (1612) is to England what the Salem Witch Trial is to the United States.  Some have suggested that there is jurisprudential link between the two trials.  The Pendle Witch trial established as precedent the permissibility of children giving testimony in matters concerning "high treason against God."  The English legal system has always been reluctant to allow children to testify in court because of a child's inability to meet competency standards for adults, in particular, being able to understand the oath.  King James I published his book Demonology as a call to arms in the fight against the growing problem of "slaves of the Devil, Witches, or Enchanters."  As part of the fight against the Devil, the James I explained that women, children, and even liars are competent to testify on matters concerning treason against God.  Thus, nine year old Jennet Device was called to testify that her mother was a witch.  The admission of Jennet's testimony set the precedent for the admission of the children's testimony in the Salem Witch Trials in 1692.

Stong Winds Blow Forever Marilyn's Skirt

In July of 2011, Chicago unveiled Seward Johnson's 26 foot tall Marilyn Monroe statue.  "Forever Marilyn," made of aluminum and stainless steel, recreates the famous scene in Seven Year Itch where Monroe coyly holds down her skirt against the disrobing forces of a street vent.  Critics of Seven Year Itch complained that the clip revealed too much bare leg.  Although the movie is a "dusty" classic, that one image of Monroe ranks with "Raising the Flag on Iwo Jima" as an icon of American culture. The allure, if not the power, of the image emanates from the act of concealment.  This tension between revelation and concealment is the essence of the aesthetic experience. As Heidegger discussed in The Origin of the Work of Art, the disrobing of an object reveals its Truth.  But, art is not concerned with Truth in the same way science studies the objects of the world.  The concealment of an object hides the Truth and opens a dialog with the audience as to the possibilies of meaning that may emerge from what is not seen.  Heidegger used "Old Woman's Shoes" by Vincent Van Gogh, As an example of the tension between revelation and concealment.  What is revealed in the painting is a pair of old and worn shoes.  Yet, much remains concealed. In other words, the depiction of the shoes raises many questions about what is not depicted: Who is the owner? What are they used for?  What are they made of?  Are they a a source of comfort in life of the owner? Are the shoes a source of pain and sorrow?

Van Gogh (1885)

The Heidegger flashback is necessary to raise my own critique of Forever Marilyn.  Transforming the still shot of Norma Jean into a three dimensional and larger than life statue undermined the power of the image; the statue reveals what had been concealed.  In the image, Monroe holds down her skirt.  Now, while shopping the Magnificent Mile, you can walk right under her skirt.

74th Anniversary of Breedlove v. Suttles (302 U.S. 277): A Missed Opportunity for Justice

In 1937, the Supreme Court of the United States declared that poll taxes, as a prerequisite to voting, to be constitutional.  In Breedlove v. Suttles, 302 U.S. 277, (1937), Breedlove, a 28 year old white male, asked the Court strike Georgia's poll tax for violating the Equal Protection Clause of the Federal Constitution.  The Georgia law required a levy against men from the ages of 21-60.  Women were excluded unless they actually registered to vote.  Regarding the equal protection clause, Court promptly retreated to familiar territory: "The equal protection clause does not require absolute equality."  Interestingly, there are no citations for this principal, perhaps its truth is self-evident.  Most cases prior to Breedlove which emphatically stated that equal protection does not require absolute equality concerned equality with regards to taxation.  (See FS Royster Guano Co. v. Virginia, 253 U.S. 412 (1920); Colgate v. Harvey, 296 U.S.404 (1935); Maxwell v. Bugbee, 302 U.S. 277 (1937); Travellers' Ins. Co. v. Connecticut, (1902)).  In Breedlove, the issue of suffrage took a back seat to taxation.

The Court also offered additional arguments in support of Georgia's law.  The reasoning offered by Justice Butler was two-fold.  First, many countries, for a long time, have used poll taxes.  Second, the privilege of voting is not derived from the federal Constitution, but from the State. Thus, poll taxes are a tried and true method of taxation and States have the power to condition the right to vote such that it does not conflict with the 15th and 19th Amendments and "other provisions of the Federal Constitution."

Thirty-two years later, the Supreme Court could no longer ignore the voices of those excluded from the democratic process.  In Harper v. Virgina Board of Elections, 383 U.S. 663, (1966), the Court reversed its decision in Breedlove.

In 1963, the 24th Amendment was ratified making poll taxes in Federal elections unconstitutional.  The Harper decision found poll taxes in both State and Federal elections to be in violation of the Equal Protection clause.

Sexism in a Professional Marketplace

Since we were talking about getting "disrobed," I thought I would pick up a prior inquiry into sexism in advertising (see vintage 1, vintage 2, & general discussion).  Not so sadly, the title "JurisPrudes" has already been taken by Dahlia Lithwick for her post on the "Custom-Tailored" ad by Jiwani.  The ad, picturing a woman pulling a man towards her by his leash tie, was published in Massachusetts Lawyers Weekly.  The ad states, without citations, that "A custom-tailored suit is a natural aphrodisiac."  Since "suit" references clothing instead of litigation, this ad is less disturbing than Dr. B. Blake Bradley's ad in Bourbon Magazine for his OB/GYN services in Lexington, Kentucky.  Also making an allusion to the magazine's theme, the ad states with freshman enthusiasm, "Bottoms Up!"

The Custom-Tailored ad is more problematic for contemporary feminists than the "Bottoms Up!" ad which is merely creepy. Lithwick raises the interesting issue of whether "sex" is inherently "sexist."  Is the ad demeaning just because the ad has an erotic theme?

At some point in the evolution of feminism, three distinct concepts -- sex, sexuality, and femininity -- became interwoven with the feminist critique of the marketplace.  As Dr. Lenore Wright explains, a backlash against feminism emerged from the gender wars and this backlash wants nothing to do with a feminist philosophy that tells women to reject the power of sexuality and the softness of femininity.  (see "The Wonder of Barbie: Popular Culture and the Making of Female Identity").  Perhaps this is why self-proclaimed feminists would say that this ad is not demeaning of women... it is just about sex, which is everywhere. For this same reason, argues Dr. Wright, many young women bristle at being identified as a "feminist."

Antarctica Disrobed

If one were to remove all of the ice from Antarctica, this is what the polar continent would look like according to Hamish Pritchard of the British Antarctic Survey.  But, what would the coastlines of the world look like if the Antarctic Ice Shelf were to melt.  Approximately 70% of all of the fresh water in the world in currently cuddling the jagged land mass at the South Pole.  If the ice melted, the sea level would rise approximately 200ft. (Note: Death Valley is currently 200ft below sea level.) That is not enough to make Waco, Texas (elevation 550ft) beach front property, but it would shorten the drive to the coast by a third.  This map shows the Texas coastline after a 229 ft. (70m) increase in sea level.

43 Anniversary of Durfee v. Duke, 375 U.S. 106, or " What you can do, we can do better"

Some swamp land is worth fighting for, even across state boundaries.  The dispute begins on the border of Nebraska and Missouri.  The river forms the border.  When the river moves, the border moves.  Durfee filed suit in Nebraska to quiet title, securing her claim through a tax foreclosure deed issued by Nebraska.  Duke claimed her title through a "swamp land patent" from the State of Missouri and through adverse possession.    The Nebraska Supreme Court, surprisingly, found that a Nebraska tax deed trumps a Missouri swamp land patent.  Durfee v. Keiffer, 95 NW 2d 618, (Neb. 1959).

Duke responded by filing suit in Missouri.  The case was removed to Federal Court where it was decided that the land was actually in Missouri, but since the issue of ownership had already been decided by the Nebraska Supreme Court, it could not rule on the issue of ownership.  The Appeals Court disagreed, saying that the issue of ownership could be retried in Missouri because Nebraska never had subject matter jurisdiction: the land was in Missouri.

The U.S. Supreme Court jumped into the fray on the issue of "The Doctrine of Jurisdictional Finality."  Durfee v. Duke, 375 U.S. 106 (1963).  In other words, if you fully and fairly litigate the jurisdictional issues to conclusion, even in a district that does not have jurisdiction, the final ruling will stick.

Where is Ai Wei-Wei?

Online.

In support of Ai Wei-Wei, his fans have rallied in a digital protest... in the NUDE.  Ai Wei's photograph, One Tiger, Eight Breasts has been deemed "pornography" by Chinese authorities.  When confronted by the police, Ai Wei said "Nudity is not pornography." 

As acknowledged by Justice Stewart in Jacobellis v. Ohio, 378 U.S. 184 (1964) (concurring opinion), defining pornography is difficult. Mere nudity would be harsh test for pornography since most people, other than some baptists, are born nude.  Some courts have proposed that nudity becomes pornography when it is created with an "intent to arouse."  See U.S. v. One Book Called Ulysses, 72 F.2d 705, 706 (2d Cir. 1934).  That may help a bit, but "intent" and "arousal" are also difficult concepts to define.

i

Manet Olympia (1863)

Titan Venus of Urbino (1583)

Going the other direction on the scale, consider the difference between being "nude" and "naked." This has been fertile dissertation material in the field of art history.  A classic contrast of the nude and the naked is found in the comparison of Titian's Venus of Urbino and Manet's Olympia.  In the juxtaposition of these two images, viewers have found two different modes of representing an unclothed female.  Foucault suggests that the difference arises from the nature of the gaze from and between the subject of the painting and the viewer.

The Day of "Talking Leaves"

On November 28, 1785, the United States and the Cherokee People entered into the aptly titled Treaty of Hopewell.  In exchange for "protection" from the nascent United States, the Cherokee agreed to release prisoners.  The treaty also set the boundary lines between the two nations and acknowledged, indirectly, that each shall have independent jurisdiction over their land.  More out of hope than reality, the treaty concluded with the following proclamation, "The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friendship re-established." (see text of treaty)

Historical marker at Hopewell

As many know, "jurisdiction" is a two-edged sword.  Forty-three years later, Georgia passed a series of laws to expel the Cherokee from the "historical boundaries" of Georgia.  In response, the Cherokee Nation filed an original action with the Supreme Court of the United States asking the Court to enjoin the enforcement of Georgia's laws on the grounds that the laws violated the U.S. Constitution and prior treaties, namely Hopewell and Holston. Cherokee Nation v. Georgia, 30 U.S. 1 (1832).

Chief Justice John Marshall

Art. III Sec. II of the U.S. Constitution gives the Supreme Court original jurisdiction over disputes between a state and foreign states.  There lies the rub.  Chief Justice Marshall asked whether the Cherokee Nation is a "foreign state" as the term was used in the "constitution."  The answer...  "No."  The Cherokee Nation, albeit a nation that was foreign, was deemed a different type of entity altogether.  Cherokee Nation v. Georgia declared the Cherokee to be a type of sub-nation, dependent on the United States.  Cherokee, 30 U.S. at 26-27 ("They may more correctly perhaps be denominated domestic dependent nations.").  The Treaty of Hopewell and Holston, despite using the word "treaty" were mere contracts, distinct from a treaty with a proper nation such as France.

As far as the intentions of the framers of the Constitution, Marshall had this to say:
At the time the constitution was framed, the idea of appealing to an American court of justice for an assertion of right or a redress of wrong, had perhaps never entered the mind of an Indian or of his tribe. Their appeal was to the tomahawk, or to the government. This was well understood by the statesmen who framed the constitution of the United States, and might furnish some reason for omitting to enumerate them among the parties who might sue in the courts of the union.  Cherokee, 30 U.S. at 34.

If Ai Wei-wei can do it, so can I...

Sunset over the Atlantic.

After a long detention, activist Asian artist Ai Wei re-emerged from his social media silence to say, "Greetings, I am here." 
Since June 24, 2011, Waco has experienced the following:
- Record Heat: 44 days straight of over 100F temp.
- Federal hearing on another person trying to injure Ft. Hood soldiers
- $150,000 grant to Salvation Army to help homeless veterans
- Dwight Yokum performed at the Cattle Baron's Ball
- Baylor student was detained in India for having a bullet in her bag