Category: Politics & Law

“If you can’t afford a movie, go to the zoo. If you can’t afford the zoo, go see a politician.” – Stephen King, The Stand

“A sane and normal society is one in which people habitually disagree, because general agreement is relatively rare outside the sphere of instinctive human qualities.” – Carl G. Jung, “Approaching the unconsciousness”

“Actual life was chaos, but there was something terribly logical in the imagination. It was the imagination that set remorse to dog the feet of sin. It was the imagination that made each crime bear its misshapen brood. In the common world of fact the wicked were not punished, nor the good rewarded. Success was given to the strong, failure thrust upon the weak. That was all.” – Oscar Wilde, The Picture of Dorian Gray

“Put not your trust in the princes of this world, for they will frig thee up and so shalt their governments, even unto the end of the earth.” – Stephen King, The Stand

“As one passes through the levels of incarceration—from the minimum to the moderate to the maximum security institutions, and then to the solitary confinement section of these institutions—one does not pass deeper and deeper into a subpopulation of the most ruthlessly calculating criminals. Instead, ironically and tragically, one comes full circle back to those who are emotionally fragile and, often, severely mentally ill.” – Stuart Grassian, “Psychiatric Effects of Solitary Confinement”

“In the United States we have what is often called an adversarial system of justice. However, because it is adversarial—as distinct from inquisitorial—it is sometimes easy to forget that the purpose of the system is not to hold a contest for its own sake. The purpose of our system of justice is the orderly ascertainment of the truth and the application of the law to that truth. Just because a court must rely on fallible litigants to present competent evidence does not vitiate the fundamental purpose of the proceeding, which is most assuredly not to have a contest but to establish what actually happened. The adversarial system works not because it is a contest to see who has the cleverest lawyer but because allowing two or more sides to present evidence to a neutral decisionmaker is an epistemologically sophisticated way to get at the truth. And while certain aspects of the law, namely the fact that there are fixed rules and outcomes, allow it to be analogized to a game, it is most definitely not a spectator sport.” – Presiding Judge Sills, Guardianship of Simpson, November 10, 1998 (internal cites and quotations omitted)

“As a matter of case law, as well as common sense, the question of whether one parent has actually murdered the other is about as relevant as it is possible to imagine in any case involving whether the surviving parent should be allowed any form of child custody.” – Presiding Judge Sills, Guardianship of Simpson, November 10, 1998

“Congress may impose penalties in aid of the exercise of any of its enumerated powers. The power of taxation, granted to Congress by the Constitution, may be utilized as a sanction for the exercise of another power which is granted it.” – Associate Justice William O. Douglas, Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381 (1940)

“The city holds all property which it owns as trustee for the public, although certain classes or kinds of property, such as the public streets, the public squares, the courthouse, and the jail cannot be taken on execution against it, for reasons which are plain to be seen. Such property is so necessary for the present and daily use of the city as the representative of the public, as well as for the use of the public itself, that to allow it to be taken on execution against the city would interfere so substantially with the immediate wants and rights of the public whose trustee the city is, and also with the due performance of the duties which are imposed upon the city by virtue of its incorporation, that it ought not to be tolerated. Other property which the city might hold, not being so situated, might be taken on execution against it, but it nevertheless holds that very property as trustee. It holds it for the purpose of discharging in a general way the duties which it owes to the public—that is, to the inhabitants of the city. The citizens or inhabitants of a city, not the common council or local legislature, constitute the ‘corporation’ of the city. The corporation as such has no human wants to be supplied. It cannot eat or drink or wear clothing or live in houses. It must as to all its property be the representative or trustee of somebody or of some aggregation of persons, and it must therefore hold its property for the same use, call that use either public or private. It is a use for the benefit of individuals. A municipal corporation is the trustee of the inhabitants of that corporation, and it holds all its property in a general and substantial, although not in a strictly technical, sense in trust for them. They are the people of the state inhabiting that particular subdivision of its territory, a fluctuating class constantly passing out of the scope of the trust by removal and death and as constantly renewed by fresh accretions of population. The property which a municipal corporation holds is for their use, and is held for their benefit. Any of the property held by a city does not belong to the mayor, or to any or all of the members of the common council, nor to the common people as individual property. If any of those functionaries should appropriate the property or its avails to his own use, he would be guilty of embezzlement, and if one of the people not clothed with official station should do the like, he would be guilty of larceny. So we see that whatever property a municipal corporation holds, it holds it in trust for its inhabitants—in other words, for the public—and the only difference in the trust existing in the case of a public highway or a public square and other cases is that, in the one case, the property cannot be taken in execution against the city, while in other cases, it may be. The right of the city is less absolute in the one case than in the other, but it owns all the property in the same capacity and character as a corporation, and in trust for the inhabitants thereof.” – Unites States Supreme Court Associate Justice Rufus W. Peckham, Werlein v. New Orleans, 177 U.S. 390 (1900)

“At last we camped, and when the camels were unloaded and driven out to pasture, I lay down under the rocks and rested. My body was very sore with headache and high fever, the accompaniments of a sharp attack of dysentery which had troubled me along the march and had laid me out twice that day in short fainting fits, when the more difficult parts of the climb had asked too much of my strength. Dysentery of this Arabian coast sort used to fall like a hammer blow, and crush its victims for a few hours, after which the extreme effects passed off; but it left men curiously tired, and subject for some weeks to sudden breaks of nerve. My followers had been quarrelling all day; and while I was lying near the rocks a shot was fired. I paid no attention; for there were hares and birds in the valley; but a little later Suleiman roused me and made me follow him across the valley to an opposite bay in the rocks, where one of the Ageyl, a Boreida man, was lying stone dead with a bullet through his temples. The shot must have been fired from close by; because the skin was burnt about one wound. The remaining Ageyl were running frantically about; and when I asked what it was Ali, their head man, said that Hamed the Moor had done the murder. I suspected Suleiman, because of the feud between the Atban and Ageyl which had burned up in Yenbo and Wejh; but Ali assured me that Suleiman had been with him three hundred yards further up the valley gathering sticks when the shot was fired. I sent all out to search for Hamed, and crawled back to the baggage, feeling that it need not have happened this day of all days when I was in pain. As I lay there I heard a rustle, and opened my eyes slowly upon Hamed’s back as he stooped over his saddle-bags, which lay just beyond my rock. I covered him with a pistol and then spoke. He had put down his rifle to lift the gear; and was at my mercy till the others came. We held a court at once; and after a while Hamed confessed that, he and Salem having had words, he had seen red and shot him suddenly. Our inquiry ended. The Ageyl, as relatives of the dead man, demanded blood for blood. The others supported them; and I tried vainly to talk the gentle Ali round. My head was aching with fever and I could not think; but hardly even in health, with all eloquence, could I have begged Hamed off; for Salem had been a friendly fellow and his sudden murder a wanton crime. Then rose up the horror which would make civilized man shun justice like a plague if he had not the needy to serve him as hangmen for wages. There were other Moroccans in our army; and to let the Ageyl kill one in feud meant reprisals by which our unity would have been endangered. It must be a formal execution, and at last, desperately, I told Hamed that he must die for punishment, and laid the burden of his killing on myself. Perhaps they would count me not qualified for feud. At least no revenge could lie against my followers; for I was a stranger and kinless. I made him enter a narrow gully of the spur, a dank twilight place overgrown with weeds. Its sandy bed had been pitted by trickles of water down the cliffs in the late rain. At the end it shrank to a crack a few inches wide. The walls were vertical. I stood in the entrance and gave him a few moments’ delay which he spent crying on the ground. Then I made him rise and shot him through the chest. He fell down on the weeds shrieking, with the blood coming out in spurts over his clothes, and jerked about till he rolled nearly to where I was. I fired again, but was shaking so that I only broke his wrist. He went on calling out, less loudly, now lying on his back with his feet towards me, and I leant forward and shot him for the last time in the thick of his neck under the jaw. His body shivered a little, and I called the Ageyl, who buried him in the gully where he was. Afterwards the wakeful night dragged over me, till, hours before dawn, I had the men up and made them load, in my longing to be set free of Wadi Kitan. They had to lift me into the saddle.” – T. E. Lawrence, Seven Pillars of Wisdom

“It is blood that makes the cash grow green.” – Justin King, “Let’s talk about new defense spending on Ukraine”

“Men have looked upon the desert as barren land, the free holding of whoever chose; but in fact each hill and valley in it had a man who was its acknowledged owner and would quickly assert the right of his family or clan to it, against aggression. Even the wells and trees had their masters, who allowed men to make firewood of the one and drink of the other freely, as much as was required for their need, but who would instantly check anyone trying to turn the property to account and to exploit it or its products among others for private benefit. The desert was held in a crazed communism by which Nature and the elements were for the free use of every known friendly person for his own purposes and no more. Logical outcomes were the reduction of this licence to privilege by the men of the desert, and their hardness to strangers unprovided with introduction or guarantee, since the common security lay in the common responsibility of kinsmen.” – T. E. Lawrence, Seven Pillars of Wisdom

“When we achieved and the new world dawned, the old men came out again and took our victory to re-make in the likeness of the former world they knew. Youth could win, but had not learned to keep: and was pitiably weak against age. We stammered that we had worked for a new heaven and a new earth, and they thanked us kindly and made their peace.” – T. E. Lawrence, Seven Pillars of Wisdom

“Even simple farmers are capturing Russian soldiers every day, and all of them say the same thing: They don’t know why they are here. These are not warriors of a superpower. These are confused children who have been used. Take them home.” – Volodymyr Zelensky, President of Ukraine, March 3, 2022

“Men with small money will still impress each other over beer, men with medium money will find ways to barter, and men with large money will slice this country like cake if they get sad enough, bored enough.” – Eloghosa Osunde, “Good Boy”

“Sir Steward, the Bailiff, Robert by name, who is here, complaineth of William of the street, who is there, that against the peace of the lord, he sent Thomas, his son, on such a day, at such an hour, in the year that now is, over the wall newly built and erected, and commanded him to carry off of every manner of fruit at his will, and when the bailiff heard the fruit being knocked down, he marvelled who this could be, and at once entered the lord’s garden, and found the boy right high on a costard tree, which he had cultivated for the lord’s use, because of its goodness; he made him come down, and attached him without doing any villany, and debonairely asked him by whose commandment and whose sending he entered the lord’s garden over walls well closed on all sides, and the boy answered and said, that William, his father, who is present there, bade him enter the garden, and urged him on to the tree with the best fruit.” – John Marshall Gest, quoting from Vol. IV of the Selden Society, in The Lawyer in Literature

“A right cannot die: trodden down it may be, but never trodden out.” – Sir Edward Coke, Commentary on Littleton

“Hope is the dream of a waking man.” – Sir Edward Coke, Institutes of the laws of England

“There is no greater injustice than when under colour of justice injury is done.” – Sir Edward Coke, Institutes of the laws of England

“There is no knowledge (seemeth it at the first of never so little moment) but it will stand the diligent student in stead at one time or other.” – Sir Edward Coke, Commentary on Littleton

“Pedantry is a useless display of learning, or perhaps a display of useless learning—at any rate, the term involves the double idea of display or affectation and uselessness.” – John Marshall Gest, The Lawyer in Literature

“Now, if a man wants to have his estate properly settled, it is absolutely necessary for him to die. It is not enough for him to disappear, no matter for how long, if he neglects this simple preliminary. When he comes back unexpectedly, and makes himself generally disagreeable, his return to the scene of his former activities will disarrange the most careful administration, and even if his supposed death was mourned, his reappearance will be even more sincerely lamented.” – John Marshall Gest, The Lawyer in Literature

“That every man must work out his own damnation, is not merely a profound theological dogma and a practical rule of life, but also a fundamental canon of literary art.” – John Marshall Gest, The Lawyer in Literature

“Search for downed plane conducted 16 through 20 Nov 50: Patrol attempted to get to area of crash on 16 & 17 Nov without success due to impassable terrain i.e. cliffs, dense timber, no trails etc. . . . On 18 Nov 1st Lt. Perry W. Wales, Co C, 31st Inf, patrol leader, and 9 men started out on different route with rations for two days. They went by vehicle to point A, dismounted and proceeded on by foot. . . . At point C they saw 8 men, 6 women and some children. One civilian had a leg wound. Civilians stated that they had heard of a plane crash to the west. . . . When the patrol reached point E two men had a slight case of frost bitten feet. The patrol leader . . . sent the two men with bad feet plus two others back . . . . When the 4 men arrived at point C they stopped in a house to eat their rations. As they were eating one man, who was on watch at the door, saw an armed civilian approaching. The guard reached for his rifle and the civilian jumped into a ditch. A few shots were traded with no casualties. After this incident . . . . all four started back for point F. While passing point X the 4 men were involved in a short firefight with two guerrillas. They felt they had wounded one due to stains in the snow. The guerrillas then fled. . . . the four men caught up with the patrol. The patrol leader selected a high, inaccessible knoll as a bivouac for the night. . . . The night was uneventful. From point D to G there were no trails whatever. The patrol had to rely entirely on the compass. At no point could the patrol get into position to compare the lay of the land with the map due to the dense timber and undergrowth. At 201130 Nov the patrol reached the scene of the crash. . . . The pilot’s body had been placed in a cellar and covered with brush by the local civilians. The pilot’s body was completely nude and the patrol leader stated that he believed that his clothes had been blown off during the explosion when the plane crashed. . . . The area, covered with 6 inches of snow, was thoroughly searched for documents, dog tags, wallet or a watch. Nothing could be found. The civilians were thoroughly questioned and they stated they had taken nothing from the plane or the pilot’s body. . . . The patrol then had the civilians construct a litter. Five civilians carried the body about one mile where the patrol commandeered an ox and sled. The body was then transported on the sled to point I where the patrol met the 3rd Bn Commander and party. From this point the body was transported via jeep . . . . The patrol then marched on to I Co positions . . . and spent the night with the company. . . . Upon reaching a ration supply all men ate at least a double meal or more before they were satisfied. . . . It was estimated the men had walked over 50 miles through the roughest terrain in Korea. At times it was necessary for the patrol to slide down steep snow covered slopes or to crawl under or climb over acres of fallen timber. As a climax, while crossing the ice on a frozen river the patrol saw a Korean woman with a baby on her back break through the ice. The water was rather shallow and only covered her just above the waist, but she was unable to crawl out herself. The patrol leader and his assistant shed their packs, worked their way out and saved the woman and her child.” – 1st Lt. Perry W. Wales, “Special Patrol Report, 24 Nov 50, 31st RCT War Diary”

“At Singpung-ni civilians reported 2 battalions of NKPA passed through there about one month ago. One half of them were wounded and all that could not walk they shot. They had 100 trucks and one American car. Trucks were loaded with rice, clothing, typewriters, papers and canned food carried from Seoul. . . . 200 Russian soldiers with their families lived there until after the fall of Seoul when they withdrew. Civilians were friendly to the patrol. . . . civilians were holding 25 NK prisoners in a large concrete building. . . . Civilians reported at Bokae-ri, vicinity Tong Sang-Myun mixed groups of NKPA, CCF and NK agents raided this village morning 13 November 1950. They were 20 to 30 in the group and they killed all male personnel (about 40) claiming they were deserters or rightists. They took food and clothing in their raid.” – Captain Byron W. Bonham, Jr., “31st RCT War Diary, 14 Nov 50”

“Chinese Communist and North Korean forces left Yongdong-ni two nights ago by railroad N to lake ferry. . . . Chinese Communist forces took all civ workers with them when they left town. The civ did not want to fight. One hundred workers were shot two (2) days ago because they refused to fight. Ten more were shot later.” – “RCT 31 Unit Report, 12 Nov 50”

“The people on this area are in dire need of clothing, this however, seems to be predominant in all of North Korea. There also appears to be a short supply of salt. The food situation is satisfactory. The diet consists primarily of barley and potatoes of which there is a sufficient quantity to last until next April or May. . . . The Regiment was informed that when the North Korean forces occupied this area they issued orders that the physicians, four Chinese doctors, would discontinue their practices except where NK troops were concerned. . . . The civilian attitude is basically unchanged. They appreciate the fact that they are not being mistreated and that the UN forces do not require a tax in the form of food stuffs.” – Major Carl G. Witte, S-2 and Civil Affairs Officer, 31st Regimental Combat Team, November 17, 1950, “Civil Affairs Weekly Activities Report”

“Poets should always study law, as [Sir Walter] Scott did, but if more of them did so, there would be less poetry written.” – John Marshall Gest, The Lawyer in Literature

“The clergy live by our sins, the medical faculty by our diseases, and the law gentry by our misfortunes.” – Sir Walter Scott, Antiquary

“Law’s like laudanum, it’s much more easy to use it as a quack does, than to learn to apply it like a physician.” – Sir Walter Scott, Guy Mannering