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Art & Life
Melón, Haines Offer Sharp Contrast for Fall Election
— Brendan Crowley, 10.27.2020
State Rep. Irene Haines and Judd Melón
Educator and real estate agent Judd Melón, an East Haddam Democrat, is challenging one-term incumbent State Rep. Irene Haines, an East Haddam Republican, for the chance to represent Connecticut's 34th House district, that includes East Haddam and East Hampton.
Melón taught Spanish literature and language in college and public high school for 10 years, and is a licensed real estate agent, but he said that he put teaching on hold to challenge Haines because he disagreed with several votes she's taken, including votes against the minimum wage increase, expanding paid family and medical leave, and police accountability bills in 2019 and 2020.
Melón said that, if elected, he would focus on issues of social justice in policing, housing and healthcare. He also said that the response to COVID and fixing the economy will be key issues in Hartford in the coming session.
"As we make policies moving forward, we need to be careful that the economic fallout of this pandemic doesn't fall on people who are barely getting by right now," Melón said.
According to Melón, a key piece of the recovery will be helping people who have been displaced from their careers find work, and that accelerated nursing programs and a continuing focus on renewable energy jobs could be part of the solution. He also supports more transparency in the job search process, saying that businesses should be required to provide the actual minimum salary for a position up front during the application process.
Haines, who is seeking a second term, said that she's lived in East Haddam for 25 years, where she raised her children, served as a Girl Scout leader and worked on several small businesses.
Haines said that it was her work with the East Haddam Business Association that got her to run for first selectman. Haines said she didn't win the election, but her campaign did get the attention of her predecessor, former State Rep. Melissa Ziobron, who asked her to run as her replacement.
Haines said that she is committed to fighting to streamline regulations and taxes for small businesses, which will need help as Connecticut hopefully emerges from the pandemic next year.
She said that there is work from the last legislative session that ended abruptly in March that she wants to finish if re-elected.
Haines said she was working on an issue in the tax code that treats equipment differently for construction work and excavators, where excavators could list a backhoe as a depreciating asset, but builders would have to list it as a vehicle that doesn't depreciate.
"That's a lot of tax revenue the assessors are collecting on the backs of our housing market," she said.
Haines said she would also like to find areas where private charities and non-profits could do some of the work government agencies are doing, at less cost to the taxpayers.
Zoning and affordable housing
Melón said that both historical practices like blockbusting and redlining, as well as existing policies like acreage minimums have all contributed to a lack of inclusivity in housing in smaller communities.
"I think there's real issues when people aren't able to buy into communities, and there's a huge demographic disparity," Melón said. "That's not something that happens by chance. It's not like people don't want to live in the community."
Melón said that it would be a boon for small rural communities to have more people moving in. According to Melón, he would not support "giant developments," that could disrupt the small-town character of the area, but that there is a need for housing that working people can afford.
"I think it's sometimes this bogeyman, that there will be massive, many-unit, complexes in rural areas, but that's not what we're talking about," Melón said. "Part of the reason more rural areas are in some ways in economic decline, is because there's not that lifeblood of young professionals coming in, and you have to give people a leg up so they can work their way up to middle-class prosperity."
Haines said that the beauty of Connecticut is that there is diversity between different communities, and each has different needs. State-wide zoning wouldn't account for those differences, and would create difficulties for all communities – urban, suburban and rural — she said.
"Local control of zoning and planning is what makes every community unique, and we don't want to become all the same – we can't," Haines said. "We don't have the same populations, we don't have the same infrastructure, we don't have the same social needs."
Haines said that individual communities like East Haddam are already reviewing their zoning rules and deciding what ways they can tweak regulations to make their communities more inclusive, which she said is a good thing.
Haines said that even without building new, large apartment complexes there are housing options in East Haddam that are affordable to people with lower incomes.
Haines said she has seen a lot of multi-family homes while knocking on doors that people might not even know are there. There is also a tax incentive program in East Haddam for developers to turn old commercial buildings into multi-family housing geared toward people with lower incomes, she said.
"There are different things we can do, we don't have to put up 30 brick apartment buildings, and I think that's what people are afraid of," Haines said. "I think we can be creative with our housing and still provide the charm and rustic look of our towns."
Melón said that several portions of the police accountability bill the legislature passed in its July special session are important, including barring chokeholds and having an independent entity to review officer-involved shootings. He said policing is an issue lawmakers that requires additional study to see what else needs to be done.
"It cannot be overstated, I acknowledge the risk that law enforcement officers are subjected to in their jobs," Melón said. "But they're also empowered to use lethal force, and this is a time of widespread awakening where people realize we need to address how police can best be held accountable when they are using lethal force, and to assess the instances where it has to be used, and not — where it's used inappropriately or prematurely before there's a threat that would justify it."
Melón pointed to the arrest of former Bridgeport Police Chief Armando Perez, who pled guilty to rigging an advancement exam in order to become chief in 2018, to say that the process of promoting officers needs to be reviewed to make sure it's an impartial assessment of their abilities.
"I just think it's a matter of us looking at it from a comprehensive perspective," Melón said. "It's an important bill, but I view it as a first step."
Haines, who voted against the bill, said there are good aspects of it, including the training requirements and requiring police to have body cameras. Other aspects, she said, need a closer look, including the cost to municipalities of having to meet the new requirements. Those costs, she said, which will fall to taxpayers.
"Clearly, it's going to get rid of the bad cops, but it's also already getting rid of the good cops," she said. "I think the problem was the bill was put together too quickly. We did our best to keep it bipartisan, but there are lots of pieces that we wanted to address further."
Haines weighed in on provisions in the legislation that drew the most controversy from police advocates, and which were intended to limit qualified immunity for officers.
In an interview before performance-based energy legislation was finalized and passed in the September special session, Melón told CT Examiner that it seemed reasonable to have more accountability for the companies when power outages last several days.
"It seemed that with Isaias, they just didn't have the planning in place, in terms of the number of people they needed to address the issue promptly," Melón said. "Being without power for a week during a pandemic is deadly, and people lost medication and were scrambling to get generators for oxygen machines."
As with the police accountability bill, Haines said the electric distribution bill was rushed in special session when it should have been given a more thorough review in regular session. Haines said the bill doesn't do enough to address the underlying issues of reliability with the electric grid, like overhead lines running through heavily-wooded East Haddam.
"It's a big problem, we need to modernize our grid," Haines said. "We can trim more trees and get reimbursed because we don't have power for another day, but where does that leave us? It just kicks the real problem down the road."
Melón said that cutting services is not an answer during a pandemic and recession. He said the state should look first to its budget reserve "rainy day" fund to address COVID-related budget shortfalls, something Gov. Ned Lamont's office has said it will do, along with some proposed cuts and a hiring freeze.
"That's the point of rainy day funds," Melón said. "If it's not raining now, I don't know when it is."
Melón also said it's important to see what the actual budget impacts are, as there are only projections now. The state should "plan without panicking," and avoid cuts to services that could help people at a time when they are facing so many challenges.
Haines said cuts are always hard to talk about because you're talking about people's jobs, but in any budget, you have to be aware that you can't buy things you can't afford. One silver lining of COVID is seeing how some government functions could be streamlined because state employees couldn't go through the normal administrative processes.
"Those are maybe some of the things that we can look at with these cuts if it's working fine, then we've actually gotten rid of some red tape that gets in the way of people doing business," she said.
Brendan Crowley
Brendan Crowley covers energy and the environment for CT Examiner. T: 860 598-0050
b.crowley@ctexaminer.com
Democrats Savor Wins in Once-Red Greenwich
— Angela Carella, 11.10.2022
Democratic Gains and a One-Sided Drop in Urban Voters in Connecticut
— Sophia Muce, 11.9.2022
East Lyme
East Lyme, Old Lyme Help Lift Martha Marx to Victory in Third Run for State Senate
— Cate Hewitt, 11.9.2022
Mallozzi Sentenced For Ballot Fraud Convictions in Stamford Election
Incumbency Was the Best Predictor of Connecticut's State Elections
— Emily Carmichael, 11.10.2022
Logan Concedes to Hayes After Tight Race with Low Urban Turnout for Democrats, Big Spending by PACs
— Emilia Otte, 11.10.2022
Big Questions in Small Places
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Do You Have A "Two Diet" Household?
If you're ready to start living a healthy gluten free lifestyle, this may be the most important web page you read all week.
Whether or not your whole family decides to eat gluten free there are so many things to consider that most people don't know where to even start… and that's why I wrote my newest book called "The Gluten Free Family".
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How to reign in those hunger pains and the best snacks that will help you maintain a healthy weight.
Find out what your Gluten Free Teenager worries about that they don't tell you and what you can do to ease their struggles.
Recipes ideas that will make you wonder why you didn't start eating gluten free sooner!
How to eat at a restaurant and not get sick – tips every gluten intolerant person needs to be armed with before going out to eat.
Do I have to give up alcohol? You'll be happy to know that if you enjoy the occasional social drink you don't need to become a teetotaler. Discover what alcoholic drinks are safe and which ones to avoid.
How to keep your family eating gluten free in the midst of the many gluten infested holiday seasons.


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Мустафа Пектемек (; 11 августа 1988, Сакарья, Турция) — турецкий футболист, нападающий клуба «Эюпспор». Выступал за сборную Турции.

Карьера

Клубная
Пектемек свою профессиональную карьеру начал в «Сакарьяспоре». После, в его карьере были такие клубы как: «Сарыер» и «Генчлербирлиги». В «Сарыере» он выступал на правах аренды, пока не был выкуплен «Генчлербирлиги».

27 мая 2011 года он перешёл в «Бешикташ».

В сборной

Достижения
 «Бешикташ»
 Чемпион Турции: 2015/16

Статистика
По состоянию на 16 февраля 2012 года

Примечания

Футболисты Турции
Игроки сборной Турции по футболу (до 21 года)
Игроки сборной Турции по футболу
Игроки ФК «Сакарьяспор»
Игроки ФК «Сарыер»
Игроки ФК «Генчлербирлиги»
Игроки ФК «Бешикташ»
Игроки ФК «Истанбул Башакшехир»
Игроки ФК «Касымпаша»
Игроки ФК «Аланьяспор»

redpajama_set_name: RedPajamaWikipedia


When YouTube prankster and America's Got Talent illusionist Danny Wolverton, also known as Special Head, decided to prank his poor grandad, we imagine he didn't expect him to be so lovely to an intruder in his home.
In the video, Danny dresses as an old man and sneaks into his grandad's bed. When his grandad approaches him, he shakes his hand and sits down for a chat.
Danny then informs him that he's a 'ghost' who died 65 year ago and he is the only one in the house who can see him.
Cleverly, the prankster had other family members on board to back up his lie.
To be fair, Grandad stayed pretty calm for the whole thing.


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Home Libya Eni: Italy Can Increase Gas Imports from Libya
Eni: Italy Can Increase Gas Imports from Libya
On Tuesday, the CEO of Italy's energy giant, Eni, Claudio Descalzi said that Italy can significantly increase its gas imports from Libya and other African countries. It would also be able to transfer supplies to northern Europe, if it boosts its infrastructure in the next few years.
In press statements on the sidelines of his visit as part of an Italian delegation to Algeria, Descalzi said that Rome could count on a pipeline from Libya and imports of liquefied natural gas from Egypt, Angola, Congo Republic, and Mozambique.
As for Libya, he stated that Italy's connection with the country is now "worth about 12-14 billion cubic meters in terms of capacity, which can go up with adequate compression additions of several billion."
"We are the only ones to have a connection with Algeria… which has a capacity of about 36 billion cubic meters (bcm) of gas and is still under-utilized. There are still more than 10 bcm that can reach Italy," Descalzi added.
Algeria last year emerged as Italy's biggest gas supplier, replacing a significant part of the 29 bcm of gas that previously came from Russia.
Rome sees a role as a hub for supplies between Africa and northern Europe in the coming years, to help offset the loss of imports from Russia.
"Our goal is to have an oversupply of gas in order to be able to bring energy to Northern Europe," Descalzi said. He added that Italy needed both to expand its domestic gas network, and also develop energy corridors to Germany, Austria, and Switzerland.
Last month, Libya succeeded in attracting new investments exceeding $8 billion dollars by the Italian company, Eni in the gas sector.
In a statement, the NOC stated that an investment of $8 billion dollars will "once again bring Libya to the fore and will attract investors from the oil and gas sector, which will lead to the progress of the economy, creating many job opportunities, and increasing levels of income."
It added this after the recent controversy regarding the percentage obtained by Eni in negotiations for the two offshore facilities (A and E). It clarified that the news circulating online was false.
Libya has recently experienced a recovery in oil production, with it currently standing at around 1.2 million barrels per day. This followed a deal between rival political factions to lift an oil blockade, but this recovery has been limited by the aging infrastructure and a lack of funds. The government is therefore keen to attract major oil companies such as Eni and BP.
The NOC is currently trying to complete a deal with Eni to access around 80 trillion cubic feet in proven gas reserves, by developing fields. It is discussing the prospect of TotalEnergies and BP investing in the country's renewable energy generation capacity in return for gas.
Eni: Oil Production Drops 6.6% Due to Coronavirus & Situation in Libya
Italy's Eni Seeks to Expand Explorations in Libya
Libyan Prime Minister and Eni's CEO Discuss Boosting Cooperation in Libya
Libyan MPs Warn Prime Minister against "Secret" Deal with French Oil Giant
Italy's Eni Eyes New Gas Investments in Libya
Libyan Gas
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Shea nominates Illuminatus: 'I can always say I'm doing it for Bob Wilson's sake'
[I have mentioned before that the Prometheus Hall of Fame Award is the only literary award that Illuminatus! (that I know of) ever won; it won in 1986, in only the fourth year of the award, in a tie with Cyril Kornbluth's The Syndic, and Shea's acceptance speech is available on this website. The award is given by a group called the Libertarian Futurist Society (disclosure: I'm a member of it.)
But what I did not know until the other day is that Shea, a member of the LFS, is the person who nominated the work for the award! Once he made the nomination, his vote was only one among the members, so Illuminatus! won fair and square. The nomination letter is below, and then I will append some notes. My thanks to Anders Monsen, a member of the board of the Libertarian Futurist Society, for his working making this and other documents from past issue of the LFS-- The Management.]
I feel somewhat sheepish about having nominated my own novel. I am not claiming that Illuminatus! is as good as the novels that have already been chosen for the Hall of Fame. There are at least two books on this year's list of nominees that I would vote for before voting for Illuminatus! But I do believe it deserves to be nominated and considered. Eventually, I feel, there will come a year when all the more deserving books will have already been inducted into the Hall of Fame and Illuminatus! will have its turn.
That it has not been nominated by anybody else must be due, it seems to me, to one or more of these five reasons: 1) It was just an oversight; 2) Everybody was expecting someone else to do it; 3) The Advisory membership of the Libertarian Futurists is not a representative cross-section of libertarian/anarchist science fiction fans; 4) the Goddess Eris wants me to know how she felt when she wasn't invited to the party on Mount Olympus; 5) It ls the work of a Conspiracy.
While liberal Gimps might consider it bad form for an author to toot his own horn like this (one can imagine what Ellsworth Toohey would say). I am sure the individualists. egoists, objectivists, libertarians and anarchists who make up the L.F.S. will applaud it as an act of rational self-interest and healthy self-esteem.
Besides, if I need a more altruistic motive I can always say I'm doing it for Bob Wilson's sake.
Glencoe, Illinois
[Notes: This letter appeared in Volume 4, Number 3 of the LFS newsletter, Summer 1986. The "novels already chosen for the Hall of Fame" Shea mentions are "The Moon is a Harsh Misstress," Robert Heinlein; "Atlas Shrugged," Ayn Rand; "Nineteen Eighty-Four," George Orwell; "Fahrenheit 451," Ray Bradbury; "Trader to the Stars," Poul Anderson, and "The Great Explosion," Eric Frank Russell. I don't know what else was nominated that year. For more on the LFS and its awards, see this website.]
Labels: Illuminatus, Robert Shea


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Q: Programmatically grabbing DLL manifest information with Python or other common scripting language / tool I am having a problem like this one:
http://svn.haxx.se/tsvnusers/archive-2008-07/1051.shtml
Except that the app is our own (sorry, won't give you confidential details). Although, it is not our fault that SideBySide is so flawed.
Anyhow, version X works and version Y bombs right at the start. I am facing the task of walking through a bunch of directories and up to 100 dll files to figure out what the difference may be.
It looks like there is a conflict between two dll files which load two different versions of another dll file.
I would appreciate your help with a Python / other snippet for extracting a manifest from a given file. Thanks!
EDIT: By the way, I did find a way: I can run the following command (mt.exe is part of Visual Studio 2008 Tools): mt.exe -inputresource:MyFile.dll;#2 -out:MyFile.dll.extracted_manifest.txt.
This is a good start, but there are two problems with it:

*

*There can be multiple manifests embedded (In my understanding): #1, #2, #3, ... - I do not know which ones and how many ahead of time. What is the maximum?

*If I take a guess and run mt.exe with that parameter, I get a failure. Dealing with these errors would make the script longer.

Could someone shed some light on this please?
ANOTHER EDIT: Ah, never mind! 1 is for .exe, 2 is fo dll and that is it. I guess I know what to do now. However, if you have a solution which beats mine, or if you have automated calls to mt.exe from a Python / other script, then feel free to share it.

A: A manual brute-force (clicking) approach worked faster. Took only a few hours.

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Situated within close proximity to both Ruislip and Ruislip Manor High Streets. This two double bedroom ground floor maisonette with private rear garden.
Situated within close proximity to both Ruislip and Ruislip Manor High Streets. This two double bedroom ground floor maisonette with private rear garden and front garden is available immediately unfurnished.
The property comprises of a welcoming hallway with doors to all rooms. An ample sized living room with large front aspect window. The bright kitchen has an array of wall and base units with space for other appliances and ample work surfaces. There is direct access to the rear garden from the kitchen.
Two goos size bedrooms the main bedroom benefits from fitted wardrobes, there is also a fully fitted bathroom.
Northdown Close is a popular residential road with access to the local amenities and good transport links (Metropolitan/Piccadilly and Central tube line stations all local) For the motorist the A40/Western Avenue is just a short drive away providing direct access into Central London and the surrounding Home Counties.


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Who Are Russia's Black Hundreds?
Vincent Law 4 years ago 141 comments
I may have finally discovered Russia's Alt-Right.
I recently met up with a group calling themselves the Black Hundreds here in Russia.
Historically, the Black Hundred were a pan-slavic nationalist group from the early 20th centuries. The word "black" is better translated to mean "common" and does not necessarily reference the color "black". Unlike the Black Hundreds of old, these new Black Hundreds are a bit more well-to-do.
I found them to be quite similar to the Alt-Right back at home. The Black Hundreds are middle-class race realists and nationalists first and foremost. They do not have a political party, nor do they have much of a political apparatus at all. They are a youth movement predominantly, and an intellectual one at that. They are concerned with promoting books and spreading their ideas, first and foremost.
In general, I am struck by how ready Russia is for their ideas. There is almost no resistance to the ideas that these people have from the Russian populace. The resistance all comes from the government, the influential oligarchs and even then, from specific factions within the government. There is no White Guilt in Russia, and it makes red-pilling so much easier. The only ones who are pushing crap like anti-racism or feminism are the daughters of oligarchs who have spent the last decade whoring in the West:
Ksenia Sobchak
The Black Hundreds group did not like Putin. They claimed that he does not care about the rights of the White majority in Russia. This is in stark contrast to other nationalist groups in Russia like the nationalists from the Rodina party that I spoke with earlier this year. They called themselves Putin's shock troops and they agreed on all the same doctrinal points as the Alt-Right. They were also much more in the know about political comings and goings. I think the Rodina approach is far more pragmatic. If you are to push for changes, do it in the name of the Emperor, even if the Emperor doth not approve.
But the Black Hundreds members also had some good points. There are hate speech laws in Russia now, and you cannot publically denounce the Muslims or any other group for that matter on TV or in any political discourse. I remarked that Russia had an older and cruder form of censorship and method for enforcing political correctness. Back in the United States, you can say what you want…in theory. But there are consequences for exercising your free speech rights. Most of the time, it will be your friends and colleagues that censor you. From there, it can go on to your employer, and eventually, the media might lynch you as well. All the while, the government won't touch you, but you will still lose everything. Systems of coercion are far more subtle and refined in the United States.
In Russia, you can speak freely among your peers, and they will not report you. There's a consistent "us vs them" attitude that the people still have vis a vis the authorities in Russia that has not changed since Soviet times. In that sense, it feels much freer in Russia.
There were also some divergences in opinion that did not jibe well with ours. While some had read Kevin MacDonald and seemed to know what was what, other, younger members of the movement seemed to be dismissive of the JQ. This struck me as a rather strange omission. The JQ is seen as a sort of capstone to any young goy's red-pilling process back in the West. But they seemed loath to bring it up. I interpreted this as a bit of counter-signaling against the older generation. Remember, in Russia, you have a very red-pilled population that doesn't even know its red-pilled. From what I understood, the younger Black Hundreds had a bone to pick with the older Soviet generation, who they view as being inept and incompetent, holding the country back from adopting the free market and making necessary reforms. In that sense, it's similar to our disdain for Boomer Nationalism here.
But it also must be said that on the Alt-Right, many have already moved past a blind adherence to free-market ideology. There are many critiquing unbridled free-market capitalism on the Alt-Right now, and some even advance the argument that Capitalism ended up being more damaging to the West than Communism.
And just like all the other nationalists I have met so far in Russia, they seem keen on adopting the aesthetic of the Alt-Right. In that sense, Russia remains the same as it always has, looking West for inspiration. And I have to say that the Black Hundreds are the closest I have come to finding an Alt-Right parallel operating in Russia.
In general, Russia has a variety of Far-Right groups to choose from. I feel like a kid at a candy shop, looking at all the different colors and variants of Russian nationalism. You have the more proletarian side of things with the soccer hooligans turned racist MMA fighters (the Ultras) on one end. On the other end, you have political parties like Rodina that came very close to full-fledged legitimacy, even holding seats in the Duma. In between, you have Zhirinovsky and his LDPR party. They are a softer version of nationalism that appeals to Soviet folks more with its deliberate evocation of USSR nostalgia. Even the Russian Communist party is pretty damn nationalistic. Especially if you believe the rumors that they have been infiltrated by "fascists".
I've found that even National Bolsheviks (basically Russian Antifa) are quite racially-conscious. Even the Liberals seem to be flirting with nationalism to win votes. But party politics are largely irrelevant in Russia. The Kremlin calls the shots and there you have very organized and wealthy ethnic lobbies influencing policy.
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The 'This is Europa' Podcast Ep4
Parents, Children, and the Alt-Right: A Father's Perspective
the authorVincent Law
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Anti-Racism Is Immoral
A Lesson In Geopolitics
Under the Gaze of our Fathers


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Paul Revere, Boston Massacre, Civil War Tours
The Boston Massacre Tour
Boston Civil War Tours
The Kennedy Tour
The Boston Massacre Lesson Plan
The Boston Massacre per the Pennsylvania Gazette
Paul Revere Lesson Plan
Revere Bells Index
The Stickney Revere Bell Listings of 1976
Revere Bells in Boston
Paul Revere Bell Old South Meeting House
California's 2 Paul Revere Bells
Paul Revere & Son's Bell Westborough Massachusetts
Falmouth, Massachusetts
First Parish Church of Kennebunk
Revere Bells in Maine
Revere & Son Bell, Savanah Georgia
Revere Bell of Michigan
Singapore Revere Bell
Revere Bells Washington DC
Roxbury First Unitariarn Universalist Church and their Revere Bell
Tuscaloosa Bell >
History of the St John and Leavens Patriarchs
Samuel St John Jr Estate Genealogy
Authenticating the Revere Tuscaloosa Bell
Joshua B Leavens Last Will and Testament
20th Century Tuscaloosa bell
Revere Bells Woodstock VT
Revere Bells Lost in Time
Bostonians
Edward F Alexander of The Harvard 20th Civil War Regiment
Polly Baker
The Mad Hatter, Thomas, Boston Corbett who Killed John Wilkes Booth
Richard-henry-Dana-Jrcopy
Benjamin Harris of Publick Occurrences
Oliver Wendell Holmes, Jr.
William Lloyd Garrison
USS Thomas Hudner DDG116
Edward Hutchinson Robbins Revere
Amos Lincoln
Mayor's of Boston
Mum Bett & Theodore Sedgwick
Paul Joseph Revere
John Rowe >
John Rowe's Diary Entries
John Rowe and the Jail Fire
Hang John Rowe?????
John Rowe the Fisherman
Joh Rowe's Tea Ship
Be Proud to be Called a Lucy Stoner
Rachel Wall , Pirate
Paul Revere the Coroner of Boston
Deborah Sampson
Who was Mrs. Silence Dogood?
Dr. Joseph Warren's Dedication
Collage of Boston
4th of July Parade, Bristol RI
Boston Harbor
The Customs House
Forest Hills Cemetery
Georges Island
Nonviolent Monument to Peace - Sherborn
The Battle Road
Skate bike and scooter park
Cassin Young & USS Cassin Young
Historic Charles River
The Roxbury Standpipe on Fort Hill
John & Abigail Adams National Park
----Ensign Jesse Brown and Lt., Thomas Hudner----
During the first year of the Korean War, Lieutenant Thomas J. Hudner of Fall River, Massachusetts and Ensign Jesse Brown of Hattiesburg, Mississippi were U.S. Navy pilots assigned to the aircraft carrier Leyte. They were wingmen of the VF32nd squadron, flight K from the first day of its formation. Much of their flight training happened in Quonset, Rhode Island. Jesse Brown, his wife Daisy and daughter Pam lived near the base, bringing both of their families in close contact, resulting in a deep friendship.
Tom's father was a successful owner of a supermarket chain during Fall River's revival after World War II. Jesse's father did assembly line work that twice led to lay-offs in Mississippi factory towns. As a result he settled in Lux Mississippi as a sharecropper. The two wing men rose to manhood from completely different levels of society. Yet the two flyers developed similar ethical views of the world. Jesse experienced racism on a daily basis. Tom, experienced America's subtle form of caste system, trying to be average in a town that was conflicted by budding blue collar prejudice. Both boys fought back against the system in their own way. Jesse read a biography about Jackie Robinson. He never bent to southern prejudice and never raised his hand to strike back. Tom had to defend a weaker friend from the local Portuguese bullies, outnumbered on several occasions and with little support from his Anglo-Saxon friends. By high school graduation the people in each town came to admire the maturity of the two men.
The Navy's path to integration generally mirrored the other military services though out of necessity, for want of sailors it came far sooner than the Army. Early in this nation's history slaves used the sea to escape and avoid slave hunters. Crispus Attucks, a self- emancipated slave, sailed for twenty years under the name of Michael Johnson, to avoid capture. He was an African American and the very first of five killed during the Boston Massacre. Frederick Douglass escaped slavery in Virginia by borrowing a navy uniform and Seaman's Protection Certificate, documenting that he was a sailor and a citizen of the U.S.[i] At the Battle of Lake Erie, during the War of 1812, African Americans made up one-quarter of the personnel in the nine ships engaged against the British. Early records by the Secretary of the Navy concluded that one-fourth or 29,511 African Americans served in the navy during the Civil War. More recent numbers, based on statistical surveys by Howard University, The Department of the Navy and the National Park Service concluded that eighteen-thousand African Americans served in the Navy.[ii] Most WWII ships at sea were serviced by non-commissioned African Americans. In his non-combatant roll Doris (Dorie) Miller, an African American Navy Launderer, received the Navy Cross, Navy Distinguished Service Medal and Medal of Honor, for his defense of the USS West Virginia during the Japanese surprise attack on Pearl Harbor, December 7, 1941. A few African Americans with WWII experience became naval officers during the Korean War. In contrast, The United States Army abided by a 1792 law that restricted enlistment by African Americans until President Truman's desegregation order of 1948. The first ever navy aviator to graduate under this new order was Jesse Brown receiving his wings on October 21, 1948.
Tom graduated from the United States Naval Academy and Jesse from the Ohio State University. Soon after, Tom Hudner and Jesse Brown were trained to fly as a team at the Quonset Point Naval Air Station in the spring of 1950. Jesse was married, Tom was searching. The Korean War had not begun. Their first port of call was Nice, France, on the Riviera. Elizabeth Taylor, the decade's hottest starlet, was in Cannes for the film festival. While sun bathing on the beach she was approached by one of Leyte's marines on liberty. She responded positively and that led to a cohort of more marines engaged in a typical friendly star gazed discussion. She invited them to a 4:00 o'clock tea at her hotel. Tom and Jesse had no knowledge that the Marines from the Leyte had such a lucky moment. Jesse and Tom happened to walked into to the same hotel and sat down for a drink, feeling awkward in such a sophisticated environment. Both flyers were stumbling over a four o'clock refreshment when Elizabeth Taylor walked up to their table. Just a bit of good luck for the flyers. They would meet Elizabeth again that night at the casino, she would visit their ship later in the week.
The rules of engagement in Korea were far too well defined. If a flyer was shot down his wingman was not to attempt any rescue that would jeopardize another plane or pilot. The penalty was a court-martial. It appeared that a single rifle shot hit Jesse's oil line on the fourth day of flying air cover for the Marines surrounded by the Chinese at the Chosin Reservoir. Jesse's engine was about to fail. He had little choice but to crash land his plane near a mountain top seventeen miles from the nearest Marine base at Hagaru-ri, North Korea. The snow on the mountain hid the moon-like craters and rocks as Jesse crash landed. His plane broke in half trapping his legs under the cockpit. Tom Hudner circled above waiting for Jesse to exit his crashed Corsair. Jesse managed a wave. Minutes later Tom understood that Jesse could not exit the plane on his own. A fire ignited in the fuselage.
Tom and Jesse and the four other Corsair pilots circling above, understood the Navy's position on downed pilots. Nonetheless, Tom Hudner chose to crash land his plane close to Jesse. His plane sustained far less damage but was equally inoperable. As a result a helicopter was dispatched to rescue the pilots. Tom and Jesse were suffering in minus 30 Fahrenheit temperatures. Attempts to remove Jesse from the plane failed. Jesse's breathing was shallow and erratic. His lips were blue and his skin glazed. With the help of a fireman's ax and the copter pilot, Jesse could not be freed. As evening set in the helicopter pilot prompted Tom to return with him to base. The copter was not equipped for night flying among mountains that reached above three-thousand five hundred feet and in thin air that reduced the lift of the helicopter blades. Under the trying circumstances Charlie Ward was the only volunteer to come to their aid. As Charlie and Tom walked back to Jesse's plane it was clear that he had perished. Despite numerous efforts they could not free Jesse's body from the Corsair.
Tom returned with the copter to the Leyte a hundred miles from the crash site. He was escorted into the flight room expecting to learn of his court-martial. Instead he was treated as a hero. The next day the ship's captain, the senior most officer on the carrier, consulted with Tom on Jesse's remains. Of equal concern was the secret electronic equipment on the Corsair. Tom responded that Jesse would not want another flyer or plane lost in the effort to remove his remains. Tom recalled the hundreds of Chinese in white parkas moving to the crest of the mountain as they made their escape. The captain proceeded to ask if the Leyte should give Jesse a proper burial. Under the circumstances this meant a fly over, recitation of the Lord's Prayer and the dropping of napalm to seal off the plane and Jesse's remains. Tom would not accompany the four Corsairs that partook in Jesse's funeral. On the day of the funeral the pilots noticed that Jesse's flight clothes had been removed. They gave Jesse the classic fighter send-0ff for a downed pilot behind enemy lines.
Three months later the Leyte returned to San Diego for refitting. Elizabeth Taylor was in town and suggested to the Leyte's captain that she would like to visit with the crew. After some consideration Captain Sisson politely advised Liz that having lost three sailors during this cruise her visit might not be appropriate.
In the spring of 1951, Jesse's last letter to Daisy arrived. It had been mis-directed to a relative. Jesse wrote it the night before his death. The letter is available online. It is four pages of loving thoughts to Daisy and might easily rate as one of the most heart-felt goodbyes. Here is a brief sample;
I have to fly tomorrow. But so far as that goes my heart hasn't been down to earth since the first time you kissed me, and when you love me you "send" it clear out-of-this-world.
Listen to or read the full four pages at this location;
Devotion: An Epic Story of Heroism, Friendship, and Sacrifice, Adam Makos, Ballantine Books, New York.
Also available on CD at most libraries. CD11
Weeks after the Leyte's return to the United States, Tom received a phone call from the Pentagon and was ordered to the White House to receive the Medal of Honor. Up to this point most publications of Tom and Jesse's exploits were often slanted by racial preconceptions. Jesse's wife, Daisy, was asked to attend the White House ceremony. She had not spoken to Tom since the day the Leyte launched for the Mediterranean. The newspaper articles led her to believe that Jesse's remains were missing. After the ceremony Tom and Daisy met in the White House and for the first time released their emotions. Tom corrected the entire history of that decisive day, explaining to Daisy that a proper funeral took place and the location of the aircraft was documented. He did not hold back the details of the naval funeral. All of this was positively received by Daisy. While Jesse's last moments were full of gruesome details Daisy was pleased that Jesse did not die alone as implied by many second hand reports. She left with the hope that someday his remains could be properly interred in Arlington National Cemetery.
Unfortunately, as of now Jesse's remains have not been returned to the family. Tom Hudner remained a close friend of Daisy and her daughter Pam until his death. Later in life, Daisy thoroughly briefed Pam on Jesse's death and provided her with implicit instructions if Jesse's remains were released by the North Koreans. In 2013 Tom was successful at arranging a trip to North Korea to seek Jesse's remains. He met with several generals of the North Korean military but returned home with no real assurances. Tom died on November 18, 2017, and to this day Jesse's remains most certainly are in the hands of the North Koreans.
Post Script;
Tom Hudner, a graduate of Phillips Andover Academy and the U. S. Naval Academy, retired from the military with 22 years of service and lived his life in Concord Massachusetts. He served the navy as a consultant, a regional USO president and as the Commissioner for Veterans Services for the State of Massachusetts. On many occasions he lectured on the events of December 4, 1950, often accompanied by Daisy. He was interred in Arlington National Cemetery April 4, 2018.
Posthumously Jesse received the Navy Cross and other honors.
The crew of the USS Leyte, took up a collection in cash on the trip back to San Diego to accomplish Jesse's dream of sending his daughter Pam to college. Every one of the two-thousand crew members rose to the bridge, a level of the ship typically restricted to most, and presented Captain Sisson with the small limited amount of cash they possessed to fulfill Jesse's dream of a college education for Pam. Captain Sisson's first task on shore was to travel to New York City to fund the trust with the $2,700 dollars collected.
Daisy Brown remarried a naval officer seven years after Jesse's death. The military moved them to Germany and Daisy took up her dream of teaching school.
Pamela Brown, graduated college and became an elementary school teacher.
On March 18, 1972, Tom Hudner gave the christening speech for the frigate USS Jesse Brown (Ff-1089), launched in 1973 in New Orleans. In 1994, the USS Jesse Brown was leased to the Egyptian Navy. As of October 3, 2018, the former USS Jesse Brown was re-numbered 961, renamed Damiyat and continues to serve the Egyptian Navy.
On April 1, 2017, Captain Tom Hudner was present at laying the hull of the USS Thomas Hudner. The ship was built at the General Dynamics Bath (Maine) Ironworks. The adopted ship motto is "Above All Others". The ceremony to formalize the ship's commission is Saturday, December 1, 2018 at the Flynn Cruise Port Terminal, Boston, 10:00 a.m., as permitted by the tides. The ship is open to visitors from 10-11:30, and 1-2pm, Tuesday, Wednesday and Thursday.
Marine Lieutenant Charles Ward, the helicopter rescue pilot, was awarded The Silver Star for his efforts to free Jesse.
An Abridged version of the above book is available by clicking here.
Also available on CD at most Metrowest libraries.
https://en.wikipedia.org/wiki/USS_Jesse_L._Brown
https://en.wikipedia.org/wiki/Egyptian_Navy
[i] http://www.americaslibrary.gov/aa/douglass/aa_douglass_escape_3.html
[ii] https://www.nps.gov/civilwar/soldiers-and-sailors-database.htm
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AnteBellum Period
Boston Civil War
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Colonial Law
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The Secret Six And John Brown
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9/16/2018, comments on Paul Revere group tour.
ruth, It was a terrific tour. You clearly have done a lot of research. Thanks for the additional information.
EM, Mitch, thank you for the additional information. It was a wonderful few hours and I will assume you Get credit for the glorious weather.
Thank you so much, Mitch and Nancy! The "rest of the story" info you sent is the icing on the cake. Your tour was perfect-great information presented in an entertaining, casual way. The wonderful weather helped, of course. Thanks again for offering your tour. Hope to do it again.
Great Work! So glad to see other walking guides whose research and use of primary sources is so thorough. DLa xxx (a.k.a. Mistress xxxxxxxxx de la xxx) #ocbground
Date: Fri, jun 22, 2018, 3:57 pm
subject: re: walk boston history Tour
to: n>
The tour of the freedom trail with the emphasis on Paul Revere was very informative. We started at the state house and learned about its architecture. We continued through Boston Commons and past the burial grounds. We then continued to the north end and Paul Revere's house. At each stop Mitch had many interesting and little known facts to tell us. We were surprised by the number of occupations Paul Revere had. During our walk through the north end Mitch pointed out various restaurants to eat in. The tour was about 2 miles of walking and lasted about 1 hour 45 minutes and was most enjoyable. We would definitely take another tour with Mitch in the future.
Betsy, florida
6/5/2018
Hi Sheila,
I just wanted to tell you and Mitch how very much I enjoyed today. Mitch is passion for history comes through loud and clear in his delivery.
I learned new facts about Paul Revere that I had never known before.
Mitch was so well-prepared including all of the pictures and it was obvious that heput a lot of time and effort into this tour and the presentation.
So thank you so much for the invitation
He did a great job!
leslie b, Natick
10/18/2017Hi Mitch, finally getting to say thank you for such an enjoyable day and tour of Paul Revere etc.. I truly learned so much and loved walking through so much of historic Boston! PHYLIS, nh
Thanks for asking us to go on your tour, Mitch, of Boston's historic sites. Your enthusiasm and love of history is contagious. You made history come alive. Sorry I had to leave early. I bet the tour of the North End was equally exciting! You put your all into it.
sarah r. Wellesley
6/15/2017 gxxxxen@snhu.edu Comment 6/1/2017, Your remarks about John Hancock really painted a historical image of the man.
Hi Mitch, resume services reviews has just posted a comment on your blog post, Why Did Paul Revere Become a Coroner at the Age of Sixty-two? : This is a very interesting piece of historical information. I was never aware of this information before. I didn't even know how relevant Paul Revere is in the history of Boston. It seems that he is a very important figure on Boston's foundation. I'm definitely going to dwell further into matter and research more about him. Comment actions:
Irishman1987
I was there that day with members of Jerusalem lodge #104 Keene NH, I am so glad I had the chance to attend this event and pay my respects.
6/3/2017 GS, SNHU,edu, Mitch your remarks about John Hancock really painted an historical image of the man.
10/15/2016 Thank you so much for the Boston Massacre Tour. I never knew it was such a complicated affair. I particularly liked the incidental historical stops about Colonial Boston. I hadn't been downtown for years. You opened up so much for me. June, Natick Ma.
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Damien McComb, Re an Application for Judicial Review [2003] NIQB 47
Judicial Review of a decision of the Recorder of Belfast, failing to take the provisions of the Good Friday Agreement into account, when refusing the applicant a PSV licence, because he was a former political prisoner. Judicial Review granted and Decision quashed.
McComb, Re an Application for Judicial Review [2003] NIQB 47 (30 June 2003)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELANDQUEEN'S BENCH DIVISION (JUDICIAL REVIEW)—–IN THE MATTER OF AN APPLICATION BY DAMIEN McCOMB FOR JUDICIAL REVIEW—–KERR J
This is an application by Damien McComb for judicial review of the decision of His Honour Judge Hart QC, the Recorder of Belfast, dismissing the applicant's appeal against the refusal of his application for a public service vehicle licence.
[2] On 13 November 2001 the applicant applied to the Driver and Vehicle Licensing division of the Department of the Environment for a taxi driver's licence. In his application form he disclosed that he had been convicted at the Central Criminal Court in London on 6 December 1990 of conspiracy to cause explosions and had been sentenced to 30 years imprisonment. The form also contained the information that he had been released "under the terms of the Good Friday Agreement" on 21 December 1999.
[3] On 16 January 2002 the Driving and Vehicle Licensing division wrote to the applicant informing him that his application had been refused on the ground of his conviction. The letter also stated that the department was of the opinion that Mr McComb was not a fit and proper person to hold a taxi driver's licence "in all the circumstances of your case".
[4] The applicant appealed the refusal to Belfast Magistrates' Court on 11 June 2002. At the hearing of his appeal he gave evidence about his personal circumstances. He explained that he suffered financial hardship; that his marriage had failed while he was in prison; and that he suffered from a knee condition that made it unsuitable for him to undertake manual labour. The appeal was dismissed by the resident magistrate who observed that he was bound by the unreported decision of the Recorder in the case of Beggs v Department of the Environment.
[5] The magistrate's decision was appealed to the Recorder's Court on 30 September 2002. The learned Recorder dismissed the appeal. According to the applicant, his counsel submitted to the Recorder that the Beggs decision could be distinguished. In particular it was suggested that a distinction should be made between those prisoners released as a result of the Good Friday Agreement (the Belfast Agreement) and those who had served a prison sentence for offences that were not covered by the legislation introduced to implement the Agreement.
[6] The applicant has averred in his affidavit that the Recorder did not accept these arguments but stated that the Belfast Agreement was "an aspiration only"; that the law remained as propounded in the Beggs judgment and that there was "no basis for distinguishing between prisoners released under the Good Friday Agreement and other released prisoners". These averments were not disputed by the Recorder (who did not participate in and was not represented on the hearing of the application) or by the notice party, the Department of the Environment.
The relevant statutory provisions
[7] Article 79A of the Road Traffic (Northern Ireland) Order 1981 deals with the issuing of taxi drivers' licences. The material provisions as they relate to this case are: –
"Licensing of drivers of taxis
79A. —
(1) A person shall not drive a taxi when it is standing or plying for hire or carrying passengers for hire unless he is the holder of a taxi driver's licence; that is to say, a licence granted under paragraph (2).
(2) Subject to paragraphs (3) and (4), taxi drivers' licences may be granted to applicants by the Department on payment of such fee as may be prescribed with the approval of the Department of Finance and Personnel.
(3) The Department shall not grant a taxi driver's licence—
(a) to any person who has not for at least 12 months been authorised to drive a motor car, or is not at the date of the application for a driver's licence so authorised; and
(b) unless—
(i) the Department is satisfied that the applicant is a fit and proper person to hold the licence; …"
[8] Article 76 of the Order deals with appeals from decisions of the department. So far as is relevant it provides: –
"(1) A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver's licence or the holder of an LGV Community licence or a PCV Community licence], is aggrieved by the Department's—
(a) refusal or failure to grant such a licence in pursuance of Article 71,
… may, after giving to the Department notice of his intention to do so, appeal to a court of summary jurisdiction acting for the petty sessions district in which the holder of or applicant for the licence resides.
(2) On any appeal under paragraph (1) (except under sub-paragraph (c) of that paragraph)] the Department shall be respondent.
(3) On any appeal under paragraph (1) the court may make such order as it thinks fit and the order shall be binding on the Department."
[9] Article 28 (1) of the County Courts (Northern Ireland) Order 1980 provides: –
"(1) A county court shall have jurisdiction to hear and determine in accordance with county court rules—
(a) any appeal from an order of a magistrates' court;
(b) any appeal from or application in respect of an order or determination of any other tribunal, authority, body or person whatsoever;
duly brought under any statutory provision and the decision of the county court shall, except as provided by Article 61, be final and conclusive."
[10] The applicant aggrieved by the decision of the department to refuse his licence appealed to Belfast Magistrates' Court and thence to the Recorder's Court. It is clear that both courts enjoy all the powers of the original decision-maker, the Driver and Vehicle Licensing division of the Department of the Environment.
The Department's policy/criteria
[11] The Department had devised a policy to deal with applications for public service licences. This is outlined in a document entitled "Criteria for Licensing of PSV Drivers and Operators". The document contains the following statements: –
"The normal practice is to consider each case on its merits and the object is to ensure that the travelling public are not subject to unnecessary risk. The question of approval could be summed up as a situation where one would be happy to have a member of his family travel in a vehicle either driven or operated by the applicant.
The applicant must satisfy the licensing officer that he is of good character and in general his previous convictions, if any, give a good indication of his mental or moral nature. They will also show any tendency towards violence and will illustrate his level of responsibility. Convictions are taken at face value with the penalty imposed giving a pointer as to the seriousness with which the court viewed the offence. Insofar as PSV licensing is concerned the convictions are graded into serious or minor offences …
New applicants are generally expected to have a clear record for 3 years in the case of serious offences and 12 months for minor convictions depending on the nature and number of minor offences."
[12] The policy also stated that where particular types of offence were involved a longer period than three years may apply. Included among these were arms or explosives offences. It appears that the Recorder suggested that three years should elapse from the time of the applicant's release before his application could be successful. The reason for the selection of this period is not clear but it is surmised that the Recorder felt that any enhancement on the three-year period to reflect the applicant's involvement in explosives offences was offset by the applicant's knee condition and the difficulty that he would experience in obtaining alternative employment.
Beggs v Department of the Environment
[13] On 8 April 2002 the Recorder gave judgment in the case of Beggs. It was an appeal by the Department of the Environment for Northern Ireland from the decision of a resident magistrate allowing the appeal of Mr Beggs against the refusal of the department to grant him a taxi driver's licence. Mr Beggs had been convicted at Belfast Crown Court on 5 December 1994 of a number of serious offences including murder. He had been released on licence on 28 July 2000 under the terms of the Northern Ireland (Sentences) Act 1998.
[14] In his judgment the Recorder referred to his earlier decision in Noel Thompson v Transport Licensing & Enforcement Branch, Department of the Environment for Northern Ireland (1999) unreported. In that case he had said this about the department's criteria: –
"I am satisfied that the criteria provide a suitable framework within which the department and courts on appeal should consider applications in order to ensure that decisions are made on a fair and consistent basis. The criteria provide guidelines but, like all guidelines, these must not be applied in a mechanical fashion, because each decision can only be made after proper weight has been given, whether by the department or an appellate court, to all the circumstances of the particular application under consideration."
[15] In the Beggs case counsel for the applicant suggested that section 3 (6) of the Northern Ireland (Sentences) Act 1998 was particularly pertinent in that it required the Sentence Commissioners to be satisfied that a prisoner applying for early release would not be a danger to the public. The Recorder observed, however, that the decision of the Commissioners that a person was not a danger to the public is "not the same decision" as that which the court was required to make i.e. whether the applicant was a fit and proper person for the purposes of article 79A (3) (b) of the 1981 Order.
[16] The Recorder set out the argument of counsel for the department in the following passage of his judgment: –
"For the department Mr Aiken submitted that it would be an unsustainable position if there were a two-tier regime, with one for those released under the Belfast Agreement and a harsher regime for those who had been convicted of offences but who had not qualified for release under the Belfast Agreement."
This argument was accepted by the Recorder who stated his intention to consider the application "in the context of the department's criteria relating to serious convictions". On that basis he refused the application for a licence and reversed the decision of the resident magistrate.
The judicial review application
[17] For the applicant Mr Treacy QC drew attention to the terms of the Good Friday Agreement in relation to prisoners. He suggested that paragraph 5 of the section of the agreement that deals with prisoners was particularly important. It provides: –
"The governments continue to recognise the importance of measures to facilitate the reintegration of prisoners into the community by providing support both prior to and after release, including assistance directed towards availing of employment opportunities, re-training and/or re-skilling, and further education."
[18] Mr Treacy suggested that this paragraph should inform one's approach to the application of section 3 (6) of the 1998 Act. The decision of the sentence commissioners that a released prisoner no longer represented a danger to the public was clearly relevant to the question whether such a person was a fit and proper person for the purposes of article 79A (3) (b) (i) of the 1981 Order. Mr Treacy accepted that the finding of the sentence commissioners that a particular prisoner was suitable for release could not be determinative of the issue whether a person was 'fit and proper' to hold a taxi licence but it could not, he suggested, be denied that such a finding was at least germane to that decision.
[19] For the department Mr Maguire argued that if Parliament had intended that prisoners released under the terms of the 1998 Act should have more ready access to PSV licences than other prisoners this could easily have been made explicitly clear in the 1998 Act or other legislation. The fact that this had not been done was indicative of Parliament's intention that prisoners released under the 1998 Act should be treated in the same way as other prisoners.
[20] Mr Maguire also pointed out that there were various categories of prisoners who were assessed as to their risk of re-offending before release. He suggested that there could be no warrant for treating those prisoners in any different fashion from prisoners released under the terms of the 1998 Act. The applicant was not entitled to have his release under the Act count as a factor favouring his entitlement to a taxi driver's licence, therefore.
[21] Finally Mr Maguire submitted that, given the breadth of the discretion available to the Recorder under article 79A (3) (b), he was entitled to have regard to whatever factors he considered relevant. If the release of the applicant under the 1998 Act was relevant, the Recorder could only be faulted for having ignored that circumstance if it could be shown that it was Wednesburyunreasonable to do so.
The relevance of the release under the Northern Ireland (Sentences) Act 1998
[22] By virtue of section 3 (1) of the 1998 Act a prisoner may apply to the Commissioners for a declaration that he is eligible for release in accordance with the provisions of the Act. Under section 3 (2) the Commissioners shall grant the application only if the applicant satisfies specified conditions. One of the conditions that the applicant was required to satisfy was that provided for in section 3 (6) viz that if he was released immediately, he would not be a danger to the public.
[23] As the Recorder held in Beggs the decision of the Commissioners that a prisoner would not be a danger to the public is not the same as a decision that such a prisoner is a "fit and proper" person for the purposes of the 1981 Order but it appears to me to be incontrovertible that a conclusion by the Commissioners that a prisoner is not a danger to the public is relevant to an assessment whether he is a fit and proper person.
[24] It is obvious from the terms of the policy devised by the department in the form of criteria that one of the areas of concern is the safety of the travelling public. It is entirely right that this should be so. And it is equally right that, in evaluating potential risk to the public, regard should be had to the previous convictions of the person applying for a licence. That being the case, however, it must follow that where an individual has been assessed as presenting no danger to the public, this is a factor to be taken into account by the deciding authority.
[25] It is of course entirely correct that the answer to the question that the Sentencing Commissioners must pose for themselves does not necessarily supply the answer to the question that the decision maker must ask when deciding whether to grant a licence under the 1981 Order. Subject to what I have to say below about the effect of the Belfast Agreement, it is also right that that decision maker may give such weight as he thinks fit to the conclusion of the Commissioners – seeTesco Stores Ltd v Secretary of State for the Environment and others [1995] 2 All ER 636, 642, per Lord Hoffmann. But the decision maker must take all relevant considerations into account, even though he accords little or no weight to them. And in my judgment the conclusion of the Commissioners is beyond question a consideration that is relevant to the issue that the licensing authority (and on appeal the court) must decide.
Did the Recorder take the applicant's release under the 1998 Act into account?
[26] The unchallenged account of the applicant is that the Recorder held that there was no basis for distinguishing between prisoners released under the Good Friday Agreement and other released prisoners. Moreover, he appears to have followed his own decision in Beggs. In that case he accepted the argument of counsel for the department that it would be "unsustainable" to distinguish between those prisoners released under the 1998 Act and other released prisoners.
[27] It appears to me that the rejection by the Recorder of the argument that prisoners released under the 1998 Act should be distinguished from those in which no evaluation of the risk that they might present on release is tantamount to a refusal to have regard to the assessment of the Sentence Commissioners.
[28] For the reasons that I have given I am satisfied that this was a relevant consideration which required to be taken into account. I do not accept that, by taking it into account, a two-tier system would be created. It was not required of the licensing authority or on appeal the court that a licence be granted simply because the Sentencing Commissioners had reached a favourable conclusion on the question of whether the prisoner applying under section 3 of the 1998 Act presented a risk to the public. There was therefore no question of such prisoners being entitled automatically to the grant of a licence. But the conclusion of the Commissioners must feature in the matters considered by the decision maker on the grant of a licence. It is primarily its exclusion from those considerations rather than any criticism of the weight attached to this factor that makes the decision of the Recorder amenable to judicial review.
The effect of the Belfast Agreement
[29] The Recorder held that the Belfast Agreement was aspirational only and that it could not affect one's approach to the application of the relevant provisions of the 1998 Act. I cannot agree with this conclusion.
[30] In Robinson v Secretary of State for Northern Ireland & others [2002] UKHL 32
Lord Hoffmann discussed the effect of the agreement in relation to the Northern Ireland Act 1998. He said this: –
"This agreement was the product of multi-party negotiations to devise constitutional arrangements for a fresh start in Northern Ireland. A key element in the agreement was the concept of decisions being made with cross-community support, that is, by representatives of majorities of both the unionist and nationalist communities. The 1998 Act is a constitution for Northern Ireland, framed to create a continuing form of government against the background of the history of the territory and the principles agreed in Belfast."
Although these observations were made in relation to the effect that the agreement has on the nature of the Northern Ireland Act 1998, they reflect the importance to be attached to the terms of the agreement in the interpretation and application of statutory provisions made under its aegis. The agreement contemplated that mechanisms would be put in place for the accelerated release of prisoners and that those prisoners who benefited from that programme would be reintegrated into the community. It appears to me therefore that particular attention should be paid to the fact that a prisoner released under the terms of the Northern Ireland (Sentences) Act 1998 has been adjudged not to be a danger to the public.
[32] I have concluded that the fact of the applicant's release under the 1998 Act should have been considered by the department and on appeal by the courts in deciding whether he should be granted a taxi driver's licence. I am satisfied that it was not considered. The application for judicial review must therefore be granted and I will issue an order of certiorari quashing the decision of the Recorder.
[33] I will hear counsel on the form that any ancillary or complementary relief should take.
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Public policy probably cannot be used to defeat a release used by a ski area, because a ski area does not provide a necessity to the public. Even when a Canadian comes to the US to ski.
This case arises from a ski accident that occurred Minnesota. The Plaintiff drove two hours from his home in Canada to the defendant ski area. Upon arrival, he signed a release when he purchased a lift ticket. He stated in his deposition that he was an expert skier.
Although he doesn't remember the facts leading up to his accident, later in the day, he was coming down the hill got air landing in rocks and trees suffering injuries.
The trial court dismissed his claim based on the release, and he appealed to the Eighth Circuit Court of Appeals.
Jurisdiction was achieved because the plaintiff was a resident of Canada, and the ski area was located in Minnesota.
The Basis for the plaintiff's argument was a violation of public policy should throw out the release because he had to drive so far to be able to go skiing. The Plaintiff argued he had no other choice but skis at the defendant ski area because of the distance he drove.
The court first looked at what was required for a release to be valid under Minnesota law. To be valid, Minnesota courts have held that releases could not be ambiguous, they cannot release intentional or willful or wanton acts, and they could not violate public policy.
Exculpatory clauses are enforceable in Minnesota as long as the clause (1) is not ambiguous, (2) does not release intentional, willful, or wanton acts, and (3) does not violate public policy.
The plaintiff first argument to defeat the release was that the release was ambiguous. The plaintiff argued the language of the release, released the defendant from all types of claims not just negligence. The court simply disagreed and found that the coverage of the release only covered simple negligence and was not ambiguous.
The plaintiff next argued that the release violated public policy. The violation of public policy was based on the fact that he had no bargaining power or there was a disparity bargaining power between himself and ski area. He had no option but to ski at the defendant resort.
The appellate court then looked at Minnesota Supreme Court decisions on public policy and found there was a two-factor test.
The Minnesota Supreme Court considers two factors to determine whether exculpatory agreements violate public policy: (1) whether there was a disparity of bargaining power between the parties (a compulsion to sign the contract with an unacceptable provision and a lack of ability to negotiate the elimination of that provision), and (2) the type of service being offered or provided through the contract (one who provides a public or essential service is less likely to be exempted from liability for harm caused by negligently providing that service).
The disparity in bargaining power argument did not fly with the court because the Supreme Court of Minnesota had held that a disparity bargaining power cannot exist if the offered service was available at some other place.
Regarding the first factor, the Minnesota Supreme Court has explained that a disparity of bargaining power does not exist if the offered service is not necessary or if it could have been obtained elsewhere.
The plaintiff argued a different case decided by the Minnesota Supreme Court earlier. The plaintiff paid several thousand dollars to the defendant as a deposit and then had driven several hours to rent a houseboat. The court held that the houseboat was just not a recreational issue but was also a place of accommodation. Innkeepers have always been included in the class of people who could not use a release because they offer a necessity to the public, a place to stay. Consequently, it has been a violation of public policy for an innkeeper to use a release in most states.
Because the houseboat was both recreational and a place of accommodation, there was a disparity bargaining power which was then emphasized by the distance the plaintiff had to travel. Worse, the fact a release is not offered until after he'd already paid his money and driven distance seemed to make the court a little upset and eagerly void the release.
Yang is instructive on this issue. The Minnesota Supreme Court held the rental company was acting both as a resort and as an innkeeper providing a public service when it offered houseboats for daily and weekly rentals. As a matter of public policy, the company could not circumvent its duty to protect guests by requiring them to release the company from liability for its negligence.
The court suggested there was a disparity in bargaining power because the plaintiff had paid a deposit of "a couple thousand" dollars, had not known about the release until he arrived at the place of business, several hours away from the plaintiff's home, and the next nearest business providing the same service was over 65 miles away, but the essential nature of the service was the dispositive factor in the court's conclusion that houseboat rental involves a public interest sufficient to invalidate the exculpatory agreement.
The court then looked to whether the service being offered was a necessity and as such a violation of the public policy doctrine which voids releases. Normally, essential public services are such things as utilities, transportation, or accommodations by an innkeeper, not ski areas.
Although the Minnesota Supreme Court had not looked at whether a recreational service could be considered as a necessity, Minnesota appellate courts had found that a recreational opportunity or service was not a necessity and therefore, did not violate public policy. The appellate court in reviewing these decisions held that the Minnesota Supreme Court would rule the same way.
We recognize that skiing is an activity enjoyed by many, but we believe the Minnesota Supreme Court would conclude it is not a necessary or public service and would find the release signed by Myers does not violate public policy.
The Eighth Circuit Court of Appeals upheld the trial court's dismissal of the plaintiff's complaint based on the release sign.
Although there is nothing distinctive in this decision, it does help you understand how the estate looks at public policy and relations shipped to a recreational activity. Public policy is an argument constantly being used by plaintiffs now days to argue that a release should be invalid. In some cases, the courts accepted that premise, such as in Oregon. (See Oregon Supreme Court finds release signed at ski area is void as a violation of public policy.) However, those cases are still rare.
To combat this way to fight releases you may want to look at your release and identify in the release issues in your state that might make it subject to a public policy argument. Identify those issues and have the signor agree they do not fall within the definition of public policy. A signor agreeing that the release does not violate public policy may not be conclusive in a court of law but will help a court decide that your release for recreational service and not for a necessity of life.
Always remember, waiting until the last minute to present your release to your guests is a way to void your release. Many states have held this and with the internet such an easy way to show your client the release in advance, this argument will take on more weight as time goes by.
Douglas R. Myers, Appellant, v. Lutsen Mountains Corporation, Appellee.
PROCEDURAL POSTURE: Plaintiff skier sued defendant ski resort operator, asserting personal injury claims. The United States District Court for the District of Minnesota granted summary judgment in favor of the resort operator based on a release. The skier appealed.
OVERVIEW: The skier purchased a lift ticket at the ski resort and signed a written release of liability waiver. The skier was injured when he lofted into an area containing rocks and small trees. The district court found that the release signed by the skier precluded him from pursuing his claims. The appellate court determined that the release was enforceable under Minnesota law because (1) the language of the release expressly and unambiguously excluded from its coverage claims arising from reckless or intentional acts, (2) the release was not ambiguous, (3) regarding the skier's argument that the release violated public policy because he had no bargaining power, there was no disparity of bargaining power since the service provided by the resort operator was not necessary and the skier could have gone elsewhere to ski, (4) regarding whether the release violated public policy, the appellate court predicted the Minnesota Supreme Court would hold skiing was not a public or essential service, and (5) the release was not invalidated by Minnesota's Plain Language Contract Act and Minnesota's Consumer Credit Sales Act.
COUNSEL: For Douglas R. Myers, Plaintiff – Appellant: James Walter Balmer, Stephanie M. Balmer, FALSANI & BALMER, Duluth, MN.
For Lutsen Mountains Corporation, Defendant – Appellee: Gregory Aaron Bromen, Brian N. Johnson, HALLELAND & LEWIS, Minneapolis, MN.
JUDGES: Before COLLOTON and BENTON, Circuit Judges, and PIERSOL 1, District Judge.
The Honorable Lawrence L. Piersol, United States District Court for the District of South Dakota, sitting by designation.
Douglas R. Myers ("Myers") appeals an adverse grant of summary judgment. Myers was injured while skiing at Lutsen Mountains, a ski resort operated by Lutsen Mountains Corporation ("Lutsen"). He sued Lutsen, and the district court 2 granted Lutsen's motion for summary judgment, holding that a release signed by Myers precluded him from pursuing his claims. This appeal followed. For the reasons set forth below, we affirm the judgment of the district court.
2 The Honorable John F. Forster, Jr., United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for decision by consent of the parties pursuant [**2] to 28 U.S.C. § 636(c).
[HN1] We review de novo a district court's grant or denial of summary judgment. [*893] Med. Liab. Mut. Ins. Co. v. Alan Curtis LLC, 519 F.3d 466, 471 (8th Cir. 2008). Summary judgment is appropriate when the record, viewed in the light most favorable to the non-moving party, demonstrates that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id.; Fed.R.Civ.P. 56(c).
I understand that skiing in its various forms, including snowboarding, involves risks, dangers and hazards that may cause serious personal injury or death and that injuries [**3] are a common and ordinary occurrence. Risks include, but are not limited to, changes in terrain, weather and snow surfaces, ice, moguls, bare spots, debris, fences, posts, trees, lift equipment and towers, rope tows, light poles, signs, buildings, roads and walkways, ramps, half-pipes, padded and non-padded barriers, jumps and other terrain features, grooming equipment, snowmobiles, collisions with other persons and other natural and man-made hazards. I acknowledge that the risks in the sport of Alpine skiing can be greatly reduced by taking lessons, abiding by the Skier Responsibility Code, (known as Your Responsibility Code), and using common sense.
. maintaining or modifying variations in the surface, steepness and pitch of trails, ski runs, slopes, ramps and terrain features.
I accept full responsibility for any injuries or damages which may result from the participation in the sport, and it is [*894] my intent to HOLD HARMLESS Lutsen Mountains Corporation, its owners, officers, shareholders, agents or employees for any injury sustained by me, including death, while participating in the sport. I agree not to bring any action or suit against Lutsen Mountains Corporation, its owners, officers, shareholders, agents or employees [**5] for any injury or damage.
In accordance with Minnesota law, nothing in this Release of Liability should be construed as releasing, discharging or waiving any claims I may have for reckless or intentional acts on the part of Lutsen Mountains Corporation, or its owners, officers, shareholders, agents or employees.
I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS RELEASE OF LIABILITY, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LUTSEN MOUNTAINS CORPORATION, ITS OWNERS, OFFICERS, SHAREHOLDERS, AGENTS OR EMPLOYEES FOR CERTAIN CLAIMS.
CAUTION: READ BEFORE SIGNING! THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE!
At the bottom of the release, Myers printed his name, signed the document, and listed his age as 32.
At approximately 3:30 p.m. on December 28, 2006, Myers, a self-described expert skier at the time of the accident, was on Lutsen's Lower Meadows trail when he skied over an edge of the course. At oral argument, Myers' counsel indicated that this is an intermediate slope. Myers apparently lofted into an area containing rocks and small trees, and he was injured. He filed a personal injury [**6] lawsuit against Lutsen in Minnesota district court based on diversity jurisdiction. The parties filed cross-motions for summary judgment. Concluding that the release Myers signed is valid under Minnesota law, the district court granted Lutsen's motion for summary judgment and dismissed Myers' complaint with prejudice. On appeal, Myers argues that the district court erred by holding the release is enforceable under Minnesota law.
Minnesota law applies in this diversity case. See Integrity Floorcovering, Inc. v. Broan-Nutone, LLC, 521 F.3d 914, 917 (8th Cir. 2008). [HN2] Exculpatory clauses are enforceable in Minnesota as long as the clause (1) is not ambiguous, (2) does not release intentional, willful, or wanton acts, and (3) does not violate public policy. See Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920, 923 (Minn. 1982).
Myers first argues the release is ambiguous because it could be interpreted as waiving Lutsen's liability for all types of claims and not just negligence. We disagree. The language of the release expressly and unambiguously excludes from its coverage claims arising from reckless or intentional acts, and the district court correctly found the release is not ambiguous.
Myers [**7] next asserts the release violates public policy because he had no bargaining power; he had to sign the release or not ski at Lutsen. [HN3] The Minnesota Supreme Court considers two factors to determine whether exculpatory agreements violate public policy: (1) whether there was a disparity of bargaining power between the parties (a compulsion to sign the contract with an unacceptable provision [*895] and a lack of ability to negotiate the elimination of that provision), and (2) the type of service being offered or provided through the contract (one who provides a public or essential service is less likely to be exempted from liability for harm caused by negligently providing that service). See Schlobohm, 326 N.W.2d at 923. Regarding the first factor, the Minnesota Supreme Court has explained that a disparity of bargaining power does not exist if the offered service is not necessary or if it could have been obtained elsewhere. See id. at 925. In Schlobohm, the court concluded there was no disparity in bargaining power when Schlobohm voluntarily joined a fitness center and signed a contract containing an exculpatory clause because there was no showing that the center's services were necessary or that [**8] the services could not have been obtained elsewhere. See id.
Relying primarily on Yang v. Voyagaire Houseboats, Inc., 701 N.W.2d 783 (Minn. 2005), Myers contends a disparity in bargaining power existed because it would have taken him over two hours to drive from Lutsen to the closest ski hill. In Yang, the Minnesota Supreme Court invalidated an exculpatory clause in the context of a houseboat rental agreement. See id. at 786. The court suggested there was a disparity in bargaining power because the plaintiff had paid a deposit of "a couple thousand" dollars, had not known about the release until he arrived at the place of business, several hours away from the plaintiff's home, and the next nearest business providing the same services was over 65 miles away, see id. at 789 n. 3, but the essential nature of the service was the dispositive factor in the court's conclusion that houseboat rental involves a public interest sufficient to invalidate the exculpatory agreement. See id. at 789. Yang lends little support to Myers' argument that a disparity of bargaining power existed in this case. As did the Minnesota Supreme Court in Schlobohm, we find no disparity of bargaining power because [**9] the service provided by Lutsen is not necessary, and Myers could have gone elsewhere to ski.
This brings us to the second factor considered by Minnesota courts to determine whether a release violates public policy: the type of service provided. Myers does not argue that Lutsen provides a public or essential service, and [HN4] we predict the Minnesota Supreme Court would hold skiing is not a public or essential service. When considering whether a service is public or essential in this context, "courts consider whether it is the type [of service] generally thought suitable for public regulation. Types of services thought to be subject to public regulation have included common carriers, hospitals and doctors, public utilities, innkeepers, public warehousemen, employers and services involving extra-hazardous activities." Schlobohm, 326 N.W.2d at 925. In Schlobohm, the Minnesota Supreme Court held the services furnished by the health club are not the type generally thought suitable for public regulation and do not involve an activity of great importance or of practical necessity. See id. at 925-26.
Yang is instructive on this issue. The Minnesota Supreme Court held the rental company was acting [**10] both as a resort and as an innkeeper providing a public service when it offered houseboats for daily and weekly rentals. See Yang, 701 N.W.2d at 790. As a matter of public policy, the company could not circumvent its duty to protect guests by requiring them to release the company from liability for its negligence. See id. at 791. The court distinguished these types of [HN5] services from those involving recreational activities which courts generally have held "do not [*896] fall within any of the categories where the public interest is involved." Id. at 789 (quoting Schlobohm, 326 N.W.2d at 925-26). The court specifically rejected the argument that renting houseboats is a purely recreational activity and is not a necessary or public service. See id. at 790.
[HN6] Whether recreational activities involve a public interest is a question the Minnesota Supreme Court has not yet squarely addressed. If the Minnesota Supreme Court has not spoken on an issue, the federal court must determine what decision the state court would make if faced with the same facts and issue. See Kovarik v. American Family Ins. Group, 108 F.3d 962, 964 (8th Cir. 1997). The federal court should consider relevant state court decisions, [**11] "analogous decisions, considered dicta, . . . and any other reliable data." Id. at 964 (quoting Ventura v. Titan Sports, Inc., 65 F.3d 725, 729 (8th Cir. 1995)). The Minnesota Court of Appeals has upheld liability releases in contracts for various types of recreational activities, finding the activities are not of great importance to the public or of practical necessity to anyone. See, e.g., Beehner v. Cragun Corp., 636 N.W.2d 821, 828 (Minn. App. 2001) (horseback riding); Malecha v. St. Croix Valley Skydiving Club, Inc., 392 N.W.2d 727, 731 (Minn. App. 1986) (sky diving). We recognize that skiing is an activity enjoyed by many, but we believe the Minnesota Supreme Court would conclude it is not a necessary or public service and would find the release signed by Myers does not violate public policy.
Finally, we disagree with Myers' arguments that the release is invalidated by two Minnesota statutes, the Plain Language Contract Act and the Consumer Credit Sales Act.
Myers does not contest that the release, if valid, encompasses his claims against Lutsen. The release is valid under Minnesota law and, thus, we affirm the district court's summary judgment for Lutsen.


text:
Umlazi United Front activists harassed for ANC internal murder
United Front press statement, 22 October 2018
On Thursday 18 October, 150 activists from the South Durban United Front marched in Umlazi. The march was called over the disappearance of R392-million, earmarked for low-cost housing in Ward 88 uMlazi, and supported by a range of organisations including the Right2Know campaign, Abahlali BaseMjondolo movement and Ubunye Bama Hostel. The march ended peacefully at the office of the eThekwini municipal councillor S'bu Maphumulo, at around 2pm.
Later that evening, Maphumulo became the latest victim of the well reported factional war taking place within the ANC when he was tragically shot dead in his car after coming out of a meeting. According to researchers at the University of Cape Town and the Global Initiative Against Transnational Crime, around 90 ANC leaders have been killed in this ongoing conflict since 2016.
In the early hours of Friday morning, 13 officials, with guns, who identified themselves as police but refused to offer any further information as required by law, entered the home of one of the march organizers, Bheki Buthelezi. With no evidence at hand, the officials beat and kicked Buthelezi, in front of his young children, demanding he hand over 'the gun.' At this point Buthelezi was not aware that there had been a murder. The harassment continued the next day; when finding Buthelezi not at home, the same officials bullied his family. Two other march convenors, Sizwe Shibe and Sithembile Doncabe, were detained for questioning by police on Saturday afternoon, but released after a couple of hours.
The R392-million was approved in January 2016 by the Department of Human Settlements. Ward 88 is made up of a mixture of RDP houses and informal housing. This money was intended to supply formal housing for those living in Ezakheleni and Umhlabeni settlements.
It seems it has disappeared into the pockets of local politicians but the community are demanding answers. They are the victims in this messy but familiar story of corrupt use of public money. By deliberately conflating a peaceful march with a murder, the police and some parts of the media, have added insult to injury because in the case of the latter the community organisers have not been asked for their response to this gruesome murder.
Vulnerable people, who have effectively been robbed of the right to housing and who are now trying to demand accountability from public officials, are being wrongfully branded as killers. A crime has been committed and police must follow proper procedures to catch the perpetrators.
NB We have all the documented evidence in regards to allocated funds from the KZN Department of Human Settlements.
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