The tragic loss of life recently in a Santa Barbara boat fire is going to trigger lawsuits against the boat owner and perhaps other parties as well. It is being reported that the boat owner, Truth Aquatics Inc. has filed a lawsuit to limit its liability. It is suing under the Limitation of Liability Act of 1851 which says the owner of a ship can limit damage claims to the value of the ship. They must show that the owners had no knowledge of potentially dangerous flaws. The law was used to protect White Star Line from huge lawsuits back in 1912. And apparently has been used since then as well and survived legal challenges that took it to the U.S. Supreme Court.
Legal experts are stating it is not unexpected as they are trying to limit damage claims by the families of those who lost loved ones. Others criticize the decision as heartless. Since this occurred on water and involves maritime law, the legal action will take place in federal court which has jurisdiction on these matters. What is likely to occur will be confidential settlements between the company and the parties that sue for damages. While the lawyers for the parties seeking damages will talk publicly about trying to upend this law, in reality it will be more difficult then it first appears. And it will cost money if the parties seeking damages have to foot the bill for appealing it up if they lose at any stage of the process.
Labor Day Postage Stamp (1956) United States Post Office Public Domain
Labor Day is a U.S. federal holiday observed on the first Monday in September. It became a federal holiday in 1894 to celebrate workers and their achievements. It has also become the unofficial end of summer as schools have reopened and summer vacations have ended. As a federal holiday, all federal offices are closed as are banks and the stock market. All states celebrate it as well so state, county, and city offices are closed as well. Nearly all professional offices are closed and most construction workers have the day off as well. Retail and fast food employees do not get the day off except in areas where due to the holiday they get virtually no business.
September has arrived and Labor Day tomorrow in the U.S. Summer is not officially over but is for all intents and purposes. Schools have already started around where I live, bus schedules now reflect school stops. Already some trees are starting to drop leaves. Halloween decorations, costumes, and candy are showing up in stores. I guess it is never too early to buy candy for Halloween. For retailers the last of the summer retail sales are underway. They need to clear space for autumn, Halloween, and Christmas.
The days are starting to get shorter now. Each day has the sun coming up just a bit later and setting earlier. In some places the weather starts changing as well. Still warm and pleasant days in many cases but nights start getting cooler. Suddenly those sweaters and jackets neatly stowed away are now being brought out of storage and made ready. Alas the summer wear not goes into storage.
Out here we tend to get more warmer weather due to winds shifting from the hotter inland regions in Arizona and the California Central Valley. September and October are considered good months to visit San Francisco since there is less fog. But you can be caught short when the fog makes a surprise visit in the afternoon. Many a tourist is caught shivering in their shorts.
For baseball fans, it is a time when the playoffs firm up. American football is now gearing up so fans are getting ready for an exciting season there. Of course if you are waiting for your favorite show to come back from summer hiatus, the wait is not long. Happy Sunday everyone and welcome (almost) to autumn.
This last week saw a lot of reporting in print and online about a recent dive to Titanic. These were the most up-to-date photos of the wreck. Commentators went agog describing how it was falling apart. Some blamed it on global warming. Some opined it should be brought up. Others had silly things to say as well. But a few pointed out this is exactly what is supposed to be happening so this is not a surprise.
Titanic sank in 1912 and has been resting in two parts on the bottom of the cold North Atlantic ever since. Until 1985, no one had a clue as to what it would look like. And people were stunned by what was revealed. It also confirmed that, as some reported back in 1912, the ship had broken in two. Another thing that was dashed was the concept of a long gash. Instead it was punctures caused by the iceberg that resulted in water entering the ship.
Scientists have noted over the years that Titanic was slowing but surely going to deteriorate. Photos from later expeditions confirmed this was well underway. A recent article in Forbes about this decay noted the following:
During the first visit to the wreck in 1985, scientists observed bacteria and fungi colonizing the rusty remains. One type of bacteria was an unknown species, appropriately named Halomonos titanicae in 2010. Oxidizing the iron parts, the microorganisms produce energy to sustain their metabolism. The waste products of the microbial metabolism is a thick layer of rust, covering the entire wreck, forming stalactites (called rusticles) along the hull.
Every day, the microorganisms consume almost 100 pounds of iron. The peculiar feeding mechanism causes quickly growing holes in the steel plates of the outer hull. The upper ship’s decks are made from thin steel plates, so these quickly decaying this part of the ship may collapse in a few years. The lower parts of the ship’s hull are made of thicker plates. They will likely decay over the next few decades. In the end, the weakened hull will collapse entirely and be buried by sediments, transported by underwater currents.
Other things had an impact. Now there is disagreement as why there are so many microorganisms on Titanic. Some say it is due to over fishing (which means those little microorganisms multiplied and sank to bottom and found Titanic delicious) while others argue it is actually what is supposed to be happening.
The fact that Titanic is decaying is not news but the news media throws it up like this could not or should not be happening. Except of course we know that it could not possibly stay the same. And eventually the wreck will slowly but steadily decrease in mass as the sea claims as much as it can. One day most of it will no longer by visible. Only bits and pieces will remain of the once great liner. Fortunately we have a library of photographs and artifacts along with exhibits that will keep the story alive long after the wreck is gone.
Famed explorer Robert Ballard is now looking for evidence that will determine what finally happened to Amelia Earhart who disappeared in July 1937. She was a famed aviator of her day one of the rare female aviators in a male dominated area. She achieved a lot putting her on par with another famous aviator Charles Lindbergh.
It has been an enduring mystery to find out what happened to her. Many claims over the years have been made–some fanciful and others grounded in logic–but nothing has yet been found to prove what happened to her. Ballard sees this as another challenge to perhaps correct history much like what he did with Titanic. Below is a re-posting of a write up I did on Amelia Earhart. Hopefully he does find something definitive so we can at last know what happened back in 1937.
A few days ago the 80th anniversary of Amelia Earhart’s disappearance went by without much notice in the press. There was some obligatory mentions in This Day In History write-ups and a mention of a possible finding of her plane. So who was Amelia Earhart and why was she important?
Amelia Earhart circa 1928 Public Domain (U.S. Library of Congress digital ID# cph.3a22092)
On 20 May 1932, five years after Charles Lindbergh made his famous solo nonstop flight from the U.S. to France, Amelia Earhart set out to be the first female aviator to accomplish the same feat. Unlike Lindbergh, Earhart was already well known before this flight. She gained fame in 1928 as part of a three person crew to be the first woman to cross the Atlantic in an airplane. On that trip, she kept the plane’s log. Early on 20 May 1932, her Lockheed Vega 5B took off from Harbour Grace, Newfoundland. She intended to replicate Lindbergh’s flight but encountered strong northerly winds, mechanical problems, and icy conditions. Instead of landing in France, she landed in a pasture at Culmore(north of Derry)in Northern Ireland. When asked by a farmhand how far she had flown, she famously said “From America.”
Her feat received international acclaim. She received the Distinguished Flying Cross in the U.S., Cross of Honor of the Legion of Honor from France, and the Gold Medal from the National Geographic Society. Her fame allowed her develop friendships with many important and influential people such as First Lady Eleanor Roosevelt. Earhart would continue to make solo flights and set records. Sadly her next most famous mission would forever be shrouded in mystery. In 1937 she attempted–along with copilot Frederick Noonan–to fly around the world. On 2 Jul 1937, her plane disappeared near Howland Island in the South Pacific. Despite extensive searching by the U.S.Navy and Coast Guard, no trace of the plane or its pilots were ever found. The search was called off on 19 July.
Earhart was declared legally dead on 5 Jul 1939 so that her estate could pay bills. Since then numerous theories as to what happened have been put forth. Many believe her plane either crashed and sank or that they landed on an island and perished awaiting rescue. Some intriguing evidence recovered in 2012 off Nikumaroro might be from their plane which supports the crash and sank hypothesis. More speculative theories have her being a spy for FDR or being captured and executed (along with Noonan)by the Japanese on Saipan (the area checked for the pilots bodies revealed nothing). A 1970 book claiming she had survived, moved to New Jersey, and changed her name to Irene Craigmile Bolam. There really was an Irene Bolam who had been a banker in New York in the 1940’s. She sued the publisher and obtained an out-of-court settlement. The book was taken off the market. National Geographic debunked it in 2006 on Undiscovered History.
Amelia Earhart: Titanic discoverer Robert Ballard bids to solve mystery (12 August 2019, The National) “The man who found the Titanic and the Bismarck at the bottom of the Atlantic is now turning his full attention to finding the aircraft in which Earhart apparently perished on July 2, 1937, while attempting what would have been the longest flight around the world at the time. ”
Sound of silence: will shipyard that built Titanic vanish into history? (9 Aug 2019, Guardian)”Their Belfast counterparts this week experienced their own twist of fortune. Harland and Wolff Heavy Industries, since 1861 the maker of some of the world’s most famous ships, including the Titanic, collapsed into administration. The two great cranes are now motionless; their fate, like that of the stricken company’s employees, uncertain.”
Halifax tour company limiting visits to Titanic cemetery due to sewer work (9 Aug 2019,CBC) “A Halifax tour bus company has temporarily halted visits to a cemetery that houses 121 Titanic victims because of emergency repair work being done to a sewer line where its buses normally park. The unexpected and urgent work on Chisholm Avenue is expected to take two more weeks to complete. The construction has blocked off one of the main entries to the Fairview Lawn Cemetery.”
Opening up the Titanic’s toolbox: Rare shipyard artefacts go on display (2 Aug 2019, Belfast Telegraph)”Many of the items have never been valued and are being displayed for the first time within Titanic Belfast’s Andrews Gallery from today. The Out of Stores: Explore Our Shipyard Collection runs throughout August and has opened up Titanic Foundation’s extensive archives to showcase a selection of never-seen-before items.
Bomb Damage To Conference Room, July 1944 German Federal Archives Bundesarchiv, Bild 146-1972-025-12 / CC-BY-SA 3.0
On 20 July 1944 a plot to kill German leader Adolf Hitler was undertaken. It has become known as Operation Valkyrie though that was originally part of the overall plan. The goal was to take control of Germany from the Nazi’s and to seek peace with the Allies. It failed in killing Hitler and resulted instead with thousands arrested and many executed as a result. One of the conspirators turned out to be Field Marshal Erwin Rommel, who was forced to commit suicide to avert a public court martial and save his family from being arrested as conspirators.
Plans to kill Hitler went back to 1938 when officers in the German Army and Military Intelligence began formulating plans to assassinate Hitler. Soon it joined with others in the civilian, intellectual, and political leadership to become known as Kreisauer Kreis (Kreisau Circle). Some disagreed about killing Hitler; others wanted to overthrow him to prevent plunging Germany into a disastrous world war. Attempts to kill Hitler had failed in the past leading to loss of morale. While many high-ranking German officers were involved in discussions (many of them Field Marshals), they did not report it to the Gestapo.
If the goal had been achieved, a restored government would not necessarily been like the previous Weimar Republic. It would likely would have been a conservative-authoritarian government with elections but skewed more towards the old elite class. There might have been even the restoration of a monarchy though in a limited manner.
Claus Schenk Graf von Stauffenberg (1907-1944) Unknown author Public Domain
By mid-1943, it appeared to many the tide had turned against Germany. Many in the German high command had become convinced Germany was being led to disaster. Both the military and civilian plotters realized Hitler had to be removed to prevent a likely invasion of Germany by the Soviet Union. Lieutenant Colonel Claus von Stauffenberg, severely wounded in North Africa was recruited to the group. He like many were swept up in the nationalist goals of the Nazi Party and was a supporter though never a member of it. He did express views that were sympathetic to the Nazi position on Polish Jews. But by 1943, he had seen what the Hitler had done to Germany. His strong Catholicism opposed Hitler’s suppression of it and other religions. And he had come to see what the persecution of Jews looked like and did not like it either.
Stauffenberg was not the designer of Valkyrie but certainly had a hand in some of its components. By 1944 several attempts to assassinate Hitler had failed and Hitler was rarely seen in public. The Gestapo was now starting to dig deeper into the conspirators. Even so a few thought Heinrich Himmler might be persuaded to come over to them. He did not report a conversation when he was approached by a conspirator. It is likely Himmler had deemed the war unwinnable and saw himself as the successor if Hitler was removed from power. With Hitler now out of the public eye, killing him became more difficult. When Stauffenberg was appointed Chief of Staff to General Fromm of the Reserve Army, he would be attending military conferences where Hitler would be present.
On 20 July 1944 he set off with a bomb in a briefcase to Hitler’s Eastern Front military headquarters Wolf’s Lair. After priming one bomb in the bathroom before the conference (he had to handle a second one to his aide Werner von Haeften). Once inside the briefing, he placed the briefcase under the table near Hitler. Colonel Heinz Brandt likely moved it aside with his foot which deflected the blast but resulted in his death from injuries sustained when the bomb detonated at 12:42 pm.
The blast destroyed the conference room and killed the stenographer. Everyone else was severely injured and hurt (some like Brandt would die later). Hitler and the others had their legs singed, trousers tattered, and a perforated eardrum. Stauffenberg bluffed his way out of Wolf’s Lair thinking Hitler was dead. Confused reports about whether Hitler was dead or alive resulted in confusion with the plotters. They could not move forward if Hitler was still alive. A call to Field Marshal Keitel by General Fromm confirmed Hitler was still alive. Operation Valkyrie was now being done in many places believing Hitler was dead. Arrests were being done as if Hitler was dead. Himmler took control and shut down Valkyrie. At 7 pm Hitler made phone calls and it was clear he was quite alive.
The coup quickly fell apart. Orders were issued to secure areas and arrest the plotters. Conspirators turned on each other in some cases rather than face arrest by Gestapo. By midnight some of the top conspirators, including Stauffenberg, had been arrested and tried quickly by a court martial and executed. Further executions were halted as Hitler wanted them alive for trial.
Aftermath
The Gestapo rounded up nearly all the conspirators and through seized documents learned of others as well. Some included former German Army Chief of Staff Franz Halder. He was not involved in the 20 JulyPlot but was involved in several earlier ones. He was arrested and was imprisoned in Flossenbürg and Dachau concentration camps. Under new Blood Guilt laws by Himmler, family members of plotters were also arrested and sometimes executed as well. Erwin Rommel’s name came up since his chief of staff, Hans Spiedel, had connections to the conspirators.
It is not truly known to what extent Rommel was involved in 20 July Plot. He certainly did not support Hitler by 1944 and would have supported a coup to remove him. However it is not certain what his involvement was. His chief of staff Hans Spiedel was connected to the plotters and may have learned of their plans from him but that is not clear either. At best he may have had a general idea of what they wanted to do but opposed assassination as it would result in a civil war. However some plotters said he was involved (under torture) and would be part of the new government.
Branding Rommel, a very popular figure in Germany, a traitor would have been a major shock and caused serious questions about the stability of the regime. Rommel knew that public trials were rigged for the prosecution and he would have no chance of winning. And his family would suffer as well by being imprisoned. He was offered a chance to commit suicide (a honorable practice from ancient Rome that allowed important people to take their lives to spare their families) which he did by taking cyanide. He was buried with full military honors and the true circumstances of his death not revealed until after the war.
Well summer is in full swing. Temperatures climb up into the 80’s. 90’s and even above. Over in Europe they are about to get a second major heat trough from the Sahara. Temps are going to soar in France and Spain; England will get hit too but just a tad cooler.
As we reach for both ice tea and sunscreen, perhaps a good tune will make it all better. Especially if it is a Friday and the weekend awaits. Enjoy this classic tune from Chuck Mangione. Happy Friday and have a great weekend everyone.
A collection of public domain images of the American Revolutionary War, together in a montage.
Each year we celebrate the 4th of July (also known as Independence Day) by watching parades, grilling food, and watching baseball. We celebrate it because in 1776 leaders took a brave and radical course of action by declaring independence from the premiere power of the day—Great Britain.
This was no small thing to do. The British were powerful and would respond by trying to crush the rebellion. Every person who signed the document knew their very lives were at stake. And some did pay a price when they were captured. The War for Independence was not easy and faced great obstacles. It was no sure thing at all the rebellion would succeed. It did succeed only because of the determination of those fighting to be free of British rule. They wanted to govern themselves and not serve a country that did not respond to their grievances. The American War for Independence would inspire others to do the same.
But why did they rebel? The Declaration of Independence lays out the case to the world. This is not a snippet but the complete document. Forgetting history though has consequences. Not long ago, a survey of young people educated through high school and college were asked what the Declaration of Independence was. Some thought it was The Communist Manifesto (1848). While that document has had an impact as well, the difference could not be more striking.
The American Revolution brought forth a constitutional republic that guarantees citizens many rights. It also limited the powers of government to protect those citizens. Governments inspired by the Communist Manifesto and its supportive writings resulted in Communist dictatorships. These dictatorships cared not for liberty but were oppressive regimes that imprisoned anyone who disagreed with their policies, seized all lands reducing farmers to serfs, and banned any religious activity that did not conform to state policies. These regimes brutalized their citizens in the name of the “revolution” while the American War for Independence was fought for citizens to have power to govern themselves.
===== IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
The sun rising over Stonehenge on summer solstice(2005) Photo:Andrew Dunn (Wikimedia)
Today is the Summer Solstice in the Northern Hemisphere. For those below the equatorial line, it is the Winter Solstice. The June Solstice usually takes place between June 20-22. For those in the Northern Hemisphere, it usually is the longest day of sunlight as the North Pole tilts directly towards the sun. Which translates into more sunlight particularly the further north you live. For those more closer to the North Pole (Alaska, parts of Canada, and Scandinavian countries)the sun literally never sets during this time of year. Of course the reverse is true in the Southern Hemisphere. They get less sunlight on the June Solstice and the closer you are to the Antarctic Circle means less sunlight or total night.
The coming of summer is usually a time for celebration in many cultures. Festivals in Northern Europe celebrate summer and the fertility of the Earth. Bonfires are lit and homes are decorated to mark the festival. Many cultures honor the sun in some fashion. Modern day pagans and druids also celebrate the day with their own festivals and many go to Stonehenge in England to witness the first rays of summer.
