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Issue Home March 23, 2016 Site Home

100 Years Ago

Clifford – Travel to Carbondale has been quite difficult the last week or two.  Horses got down in the snow drifts, sleighs tipped over, some loaded with hay, and those who stayed at home were wise.  ALSO Miss Perris Stephens, an old and respected resident of Clifford, died Monday afternoon, March 13, 1916.  She was 78 years of age and had been a great sufferer for several years, which had robbed her of her mental faculties.

North Harford – We are sorry the snow drifts were so numerous in this vicinity, Saint Patrick’s night, for had the road not been blockaded, a number of people from this place would have attended the Box Social given by the Baraca boys.  We hope the boys will have another social when the weather becomes better, then the people who met with disappointment this time, can go and add to the crowd. ALSO Some little time ago, mention was made in our items, in regard to a hymn, composed by E. W. Osmun, nearly ready for publication.  It is now published, and Mrs. George Osmun has a copy of it.  “On Calvary,” is the title and it is indeed a beautiful hymn and shows that this former Harford boy is doing grand work, for the Master.

Hop Bottom – The sleigh ride and social at John Hinkley’s, given by the Universalist Ladies Aid, was a great success.  About 120 people took supper.  The evening was spent in a delightful way, the host and hostess doing everything possible to make their guests welcome.  Proceeds, $28.90.

Little Meadows – Ed Shaughnessy lost a valuable horse while in Binghamton recently.

Fairdale – On account of the bad roads, Grange was postponed until Saturday, March 25th, when it is hoped that a special attempt on the part of the members will be made to turn out.

Auburn 4 Corners – The roads have been so badly drifted that we have had no mail in 4 days.

Montrose – Joseph Mawhiney, caretaker of the local cemetery, states that he has never known more snow to cover the burial grounds during his many years in charge.  At a funeral last week, it was necessary for a number of men to spend two days’ time to shovel the road so that a funeral cortege could reach the grave.  Snow is piled up in cuts along the Montrose branch of the Lackawanna to a height even with the passenger coaches in many places along the line.  A force of over eighty men was at work shoveling the first of the week.  Snow on the roof of the depot was to such a depth that a force of men was kept busy for several hours clearing it.

Silver Lake – By the death of Mrs. Joseph Ward at her late residence here, March 3, our County has lost one of its oldest and most highly respected citizens.  Mrs. Ward was born in Silver Lake, July 20, 1833, and spent her entire life there.  She was a sister of the late Sister M. Perptua, of the Order of the Immaculate Heart, and was the last member of the family of Mr. and Mrs. James McCormick, who were among the early settlers of the County.  She married Joseph Ward, Jan. 17th, 1856, and was the mother of four daughters, five sons and grandmother of 33 grandchildren.  Her funeral was held at St. Augustine’s church and despite the unfavorable weather it was largely attended, bearing testimony of the high esteem in which she was held.  The body was borne to the last resting place by six of her grandsons.

Forest City – The Hudson Coal Co. and Hillside Coal & Iron Co. are appealing taxes, complaining that their assessment on “surface land” were far too high.  Both companies held much land in Forest City suitable for building lots, which would find a ready sale, but it is alleged that the companies refuse to put same on sale.  There was no dispute as to the assessments on the coal holdings of the two companies.  Hudson lands were accessed at $200 an acre, disputed as much higher than similar lands assessed in the Scranton coal regions.  The end result was that the County Commissioners compromised by making some lands $50 an acre and some $200.  They refused to lower the valuation of the Hillside property, viz., $50 an acre.

Susquehanna – F. D. Lyons celebrated his 97th birthday recently.  Mr. Lyons is the oldest business man in Susquehanna and probably in the county.  He has been a prominent man in the business affairs of this place all his long life, since the town was a mere hamlet.

Birchardville – T. J. Flynn, who has been Birchardville’s faithful and efficient blacksmith for many years, has sold his tools, also his farm there, and will move to Binghamton, where he has purchased a home.  He will have a public sale March 27th.  Mr. Flynn made the remark that in all the time he has done business in Birchardville he has never refused to do work for anyone and that he goes away without one cent of uncollected accounts, a flattering testimonial for this place.

Great Bend – P. J. McEvoy, proprietor of the Keystone House, is beautifying the interior of the house with new paper and paint, and also laying some new floors.  Mr. McEvoy is bent on keeping a first-class hotel and enjoys making pleasant the surroundings for the traveling public.

Herrick Center – Oscar Bailey died at the home of his daughter, Mrs. Thos. Hugaboom, March 8, 1916, aged about 70.  He was a veteran of the Civil War and a member of McPherson Post, G. A. R., of Uniondale. The remains were taken to Carbondale Saturday morning on the Erie Flyer, where interment was made.  Three children survive.

New Milford – Lee J. DeWitt, Charles Tyler, A. Towner and Ellis Tyler are having the J. B. Colt system of acetylene gas installed in their homes by the company’s manager, A. H. Meanor.

News Brief: Spring is here—the almanac says so—but it isn’t gentle and we have not observed any “ethereal mildness.”  The poetic slush about “when Spring unlocks the flowers to paint the laughing soil,” will be out done by the real, material slush, through which we must wade, ankle deep, as soon as old sol begins to get in his work on the big snow banks laying all about us.

200 Years Ago – Articles from the Centinel, Montrose, Pennsylvania, March 26, 1916.

From the Poughkeepsie Journal, Feb. 27th, The embargo off---The ice in the Hudson opposite this village, began to move on Saturday last, and the navigation from this to New York is now entirely free.—Capt. North, in the sloop, Anna Maria, sailed from here on Monday for New York with a cargo of corn whiskey, &c. &c.  Captain Fish, in the steam-boat Fire-Fly is expected to arrive here this evening, to commence running without delay from this place to New York for the season. 

ALSO FIRST ARRIVAL    New York, Feb. 28.  The sloop David Porter, two days from Newburg, with a valuable cargo of staves, pork, &c. to the master—the first vessel down the Hudson this year.  This is good news for merchants, on whom remittance will now pour in in abundance, and every commercial movement will soon become street music to the men of business.

ALSO VALUABLE ARRIVAL  New York, March 1   Among the numerous arrivals at this port yesterday, we had one from Canton, and another from the Isle of France.  The mails of yesterday morning announced the arrival of the Trader, at Philadelphia, from Canton; the Favorite, at Boston, from Calcutta, and the Augustus, at Tarpaulin Cove, from Sumatra, all with valuable cargoes.

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Letter of the Law

On March 12, 2012, 17-year old Dexter Bowie and 18-year old Jonathan Stokely were shot and killed in the “Badlands” of Philadelphia.  Bowie had been shot 13 times, while Stokely was shot 22 times.  The police recovered nearly two dozen shell casings consistent with those used in an AK-47 rifle.  There were also shell casing from a 9-mm handgun.  The police obtained a surveillance video that showed the shooters escaped in a van.  During interviews, the police obtained witness statements that identified Zaiee Talbert as one of the shooters.

Before his arrest and while the investigation was still pending, on April 23, 2012, Talbert uploaded a rap music video onto YouTube.  Talbert rapped the following lyrics:

“Running and running the Badlands like an Afghan;
Choppers on deck, slide up in the caravan;
Hit up ya legs, turn that nigga into half a man;
Things get hot and I slide down to Maryland;
Where a nigga get a bean for half a grand.”

After the video production, Talbert was arrested for homicide.  At the trial, the Commonwealth sought to introduce the rap music into evidence coupled with the testimony of the video producer who indicated that Talbert had written the song himself.  The Commonwealth argued that the music video corroborated Talbert’s role in the murders.

Talbert objected contending that his lyrics were not sufficiently specific so as to conclude that it referred to the murders of Bowie and Stokely.  The trial court denied Talbert’s objection and allowed the Commonwealth to introduce the lyrics.  The trial court found the lyrics were sufficiently similar to the homicides to make its introduction probative as to Talbert’s involvement.  In this regard, the trial court noted that the murder occurred in the “Badlands,” that the term “chopper” is used to refer to a gun, that the term “caravan” was similar to the escape vehicle used in the case, and that the term “hit up ya legs” and “half a man” described the injuries sustained by Stokely who had 15 separate gunshot wounds to his legs.  Talbert was convicted of two counts of first degree murder and he was sentenced to life imprisonment without the possibility of parole.

On his appeal, Talbert contended that the introduction of his rap lyrics was improper and unduly prejudicial.  Talbert argued that the “Badlands” encompasses a very large neighborhood in Philadelphia and that reference in his lyrics was too generic.  Talbert also pointed out that his vehicle (the getaway vehicle) was a Chevrolet Uplander – not a caravan as the lyrics suggested.  Talbert contended that the slang term “choppers” does not apply to the assault rifle used in the murders.  Finally, he argued that his reference to “half a man” referred to someone paralyzed, not dead.

The Pennsylvania Superior Court rejected these arguments and found that the rap lyrics were properly admitted into evidence.  Even accepting Talbert’s alleged inconsistencies, the Superior Court concluded that “these inconsistencies are not significant enough to change the overall meaning of the rap lyrics.”  In particular, the Superior Court stated: “To expect rap lyrics, which are a form of artistic expression, to communicate a criminal episode in precise detail would be wholly unreasonable.”  Thus, the Court rejected Talbert’s appeal relating to the use of his rap music in the homicide trial.

During the course of its opinion, the Superior Court cited to court decisions in other jurisdictions that had likewise concluded that rap music could be introduced in a criminal trial.  It is not as uncommon as one might believe.  While I was District Attorney, I prosecuted a sexual assault case where the defendant composed “rap lyrics” while he was in the county jail awaiting trial that referenced the sexual assault.  Those lyrics generically referenced a sexual assault and made generic threats against the victim’s life without ever identifying her by name.  In that case, the trial court also concluded that the rap lyrics were sufficiently similar to permit their use at trial.  While the lyrics were not an outright confession, they contained sufficient information to corroborate defendant’s involvement in the criminal act – and ultimately the jury determines the weight to give to those lyrics during its deliberaitons.

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While America Slept

I began a recent column with the question, “Is health care a right?”  I explored the issue and provided a brief summary of the answer which accorded with the principles of liberty and voluntary exchange. But shortly thereafter I also received an answer from another quarter. A candidate for the presidential nomination on the Democratic ticket was asked the very same question. Here’s how he answered it, “Yes, health care is a right because you are a human.”

What is your reaction to that answer?  It says a lot about where you are on the continuum of awareness. I noticed the live audience went wild with cheering and applause for the candidate’s answer. It was as if they were trained seals responding on cue. That was great theatrically, but barren intellectually. Unfortunately, the interviewer never followed up with a train of questions to pursue the candidate’s political position.  I propose to do that here and now. You, Gentle Reader, may play along and provide the answers for yourself.

If health care is a right because one is a human, is it not odd that this right is nowhere embodied in the Declaration of Independence or the U.S. Constitution? Since the right to health care is nowhere assigned as one of the 19 Enumerated Powers of the federal government under Article I, Section 8, under what authority does the federal government enforce this health care right? If the power to conjure this right to health care exists because of the “General Welfare Clause” then how can one explain the existence of the rest of the document, which clearly delineates limitation after limitation, all the while reserving unenumerated powers to the respective States or to We The People? Does not the Tenth Amendment apply as a brake upon those who would usurp unlimited powers for exercise by the federal government?

If the right to health care is unlimited, would it not be logical to conclude that the entire system would be bankrupted in a short period? Or that taxes would have to be levied to such commanding heights that the country’s economy would soon implode? Or that foreigners, legal and illegal, would make a bee-line to the United States to avail themselves of this right (because they are human too) since our government refuses to enforce our borders or deport those already here illegally?

If health care is a right, is there any limitation of this right? That is, at what point does this right end? Do humans have a right to breast augmentation, one of the most popular surgical procedures performed in the United States today? Does a smoker of many years have a right to a lung transplant? Does someone age 85 have equal opportunity for organ transplantation with someone aged 25?  How is the right to health care impacted by the limited availability of newly-developed wonder drugs, especially if a pandemic is in progress?

If the right to health care is limited, who determines what limits exist? Since we are playing in the sandbox of universal health care--as opposed to Obamacare and other systems of insurance cartels--would it not fall to the government to determine what, if any, limits are placed on this right? And if government sets the limits on this health care right, what will be the process for determining where those limitations will be set? Will they be set by Executive Order? Congressional legislation? As the Secretary (of HHS) shall determine? By an “independent advisory board” such as IPAB under Obamacare? No matter who sets those limits, can it not be logically concluded that the “right to health care because you are a human” devolves to a political decision by an impersonal government entity?

If an impersonal government entity ultimately controls life-and-death decisions for all humans having the health care right, does that mean better health care will be provided?  Will health care by right be better because all having such right will be cared for equally? If equality of the health care right is by design, then what would be done with those who seek more health care--say, “the wealthy”--who seek superior health care above that allotted as their right?  Would such individuals be labeled as health care outlaws?

And if health care is a right, who exactly is obligated to provide its fulfillment?  Yes, doctors, of course. But is each doctor obligated to serve (provide the health care right) each person appearing at his office or hospital?  Does the medical professional have no choice as to whom he will accept as his patient? And what of the doctor’s pay? If the federal, state, or other government-created entity is to provide payment to the doctor, on what terms is payment made? Are doctors to be made employees of the state?  If they are made employees of the state, with whom does their first obligation lie, the patient or the state?  To whom do the medical records belong? The patient? The doctor? The state?

If health care is a right, then does it not follow that the collective has a compelling state interest that each individual maintain the highest level of vitality so that costs be minimized, so that economies of scale be maintained, and so that the property of the state (your body) be kept most serviceable to the needs identified by the state? Would it then follow that the state would increasingly regulate (prohibit) such unhealthful activities as smoking, drug abuse, obesity, sugar exposure, etc?  And would not the state also have an interest in compelling healthful activities, such as exercise, fiber intake, sleep, etc? Of course one might then ask, would the state require copious documentation, testing, and reporting by medical authorities to monitor compliance with fiat-issued dos and don’ts of the state?

We’ve only just touched on the tip of the above-water iceberg of this “right.” How is this right to be implemented in conjunction with the currently culturally-correct position that every woman has a right to an abortion?  Could one imagine any circumstance in which compulsory abortion is compelled by the state, such as in the case of birth defects detected in a fetus?  And what if a government with “unlimited” power suddenly changed hands, and abortions--once-mandated--were suddenly outlawed?  What if the right to health care required every mother to carry her baby to term?  Would that thought create angst among those who think  health care their right?

If health care is a right because you are human, then does it not also follow that food, housing, clothing, education, a job, even entertainment, are all rights too?  Are they all not components of what make for a pleasant and fulfilling life so that personhood may be fully actualized? “Any government powerful enough to give the people all that they want is also powerful enough to take from the people all that they have.” That variation of a quote attributed to Thomas Jefferson encapsulates the verity that trust in an omnipotent government is folly. Any government that grants sweeping rights on the basis of humanity is merely deceiving those asleep, all for the sake of power. Were a “right” on the basis of humanness conjured into existence, government could not and would not be its true protector. Rather, a thousand incursions of reality would negate any such right, and selective enforcement would lead inevitably to further fracturing of what remains of civil society.

The mark of humanity is voluntary cooperation in the exchange of goods and services so that parties can participate in mutually beneficial transactions. The mere state of humanness imparts not a right, but the opportunity to serve in meaningful and productive enterprises. Service to others in voluntary economic exchanges is civil society’s vehicle surest method of meeting human needs and wants, most especially in obtaining all needful things, though they be not “rights.”

Charity is the old-fashioned virtue civil society bestows upon those unable to serve or having no opportunity to serve. But charity is a virtue birthed of honor and bestowed upon those who accept it with a measure of humility and thankfulness. Further, it is sometimes--not always--incumbent upon recipients of such charity to actually change their behavior and to mold their character to be acceptable to the civil society. The civil society of which I speak actually requires people to know one another personally and to care for and about each other; it is as unlike a government-sponsored health care bureaucracy as the impersonal stars of the night sky.

Only in an America still asleep do audiences cheer with gusto when politicians preach “health care is a right because you are a human.” That tripe is nothing more than utopian socialist sophistry, a violation of property rights and the rights of all lovers of liberty. All sentient beings should be outraged by its implications for disastrousness, if not total enslavement. Wake up, America!

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