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The Khalil Amani Reader
Hip-hop/Spirituality/Freethinking. Speaking for all underdogs!
Counterpoint: Pseudo-Black Revolutionary's Hate For N.W.A.
Posted by Khalil Amani on August 15, 2015 at 8:30pm
By Khalil Amani
Wasn't "Straight Outta Compton" a great movie? Of course it was, but, like clockwork the "blacker-than-thou" folks are out to blame black America's problems at the feet of hip-hop or, in this case, N.W.A. I hate being a reactionary writer, but this dude, Minista Paul Scott makes my dick itch! (Or maybe it's crabs?) Here goes another article focusing on how N.W.A. destroyed black America. I'm starting to think that he's an Agent Provocateur for Fox News! (Or a pseudo-Black Nationalist of the Clarence Williams III in "I'm Gonna Git You Sucka." See the movie! You'll get the picture. LOL.) The "Minista" is the Prime Minister of the Messianic Afrikan Nation in Souf Cakalaka.
(Minista Paul Scott, the darling of Fox News on black stuff)
I know all too well the mindset of Minista Paul Scott and his Afrocentric, black revolutionary, religiosity. He has some of y'all gassed, but I've done more in that lane than he'll ever understand! I was the student of Yahweh ben Yahweh. I was a comrade of Malachi York (when he taught on Bushwick Ave. in Brooklyn as Imam Issa—leader of the Ansaaru Allah Community). I've sat on the same stage as Minister Louis Farrakhan and had lunch and deep conversation with Kwame Toure' (aka Stokely Carmichael R.I.P.). I was about that radical life in the 80's/90's and then went on to Major in Black Studies and Minor in Religion at the University of Nebraska, so I understand the street revolutionary mind and the academic revolutionary mind. (Did mention I wrote six books?) When Min. Paul Scott wrote, "Fuck N.W.A." in his last article about them I said, "Fuck Minista Paul Scott!"
Min. Scott wrote a scathing article awhile back on why N.W.A. shouldn't be inducted into the Rock & Roll Hall of Fame and now he's dissin' the movie (Straight Outta Compton)—a movie about N.W.A.'s come-up. I saw the movie Saturday and it was fabulous! All the characters were believable. Kudos to the casting director, 'cause these actors looked like N.W.A. down to their mannerisms! Min. Scott says he won't see the movie, even though he admits that his spirit is crying out to grab a hotdog (no doubt, Kosher) & popcorn and sit in the blackness of his local theater and finger-bang his woman (assuming he's hetero) like the olden-days. Drop that "10 bucks" nigga!
Now let's jump right in and deconstruct Min. Paul Scott's quasi/pseudo-nursery-ish-Urban-Black-American-Music-for-Dummies understanding of what was going on in black America, circa 1988—when N.W.A. came on the national music stage.
The decay of urban black America was well under way by the time N.W.A. came on the scene in 1988 with one of hip-hop's most revolutionary songs, "Fuck Tha Police." Black Power revolutionaries Eldridge Cleaver (R.I.P.), Huey P. Newton (R.I.P.) and Kwame Toure' aka Stokely Carmichael (R.I.P.) would've been proud of the unattended children of the post-Cointelpro/F.B.I. Hoover era going hard-body-karate at the "Omnipotent Administrator" (Cleaver's words for da man/system). N.W.A.'s song was as powerful a political statement as Public Enemy's, "Fight The Power." They proved that you don't have to wear a dashiki and a black power fist to speak truth to power. N.W.A. were not your prototypical revolutionaries black folk were so familiar with—you know, those Min. Scott-type niggas that sit around drinking libations and secretly feigning for a pig's footses sammich and pontificating about black folk's "shit-uation," while, at the same time exhibiting their misogyny and homophobia in the name of blackness—Paternalistically Negrotudenal (whatever the fuck that means, but you feel me?)
Reaganomics, crack cocaine, HIV/AIDS, and full-fledged turf wars by Crips & Bloods were being spread all over the country. The movies, "Boys In The Hood" and "Colors" exemplified the cultural climate in most urban cities. Throw in police brutality, which has always been an ever-present danger for black people in America that started way before any of that N.W.A. crew was birthed. From Miami's 1981 police brutality in the Arthur McDuffie murder and subsequent riot to Los Angeles's 1991 beating of Rodney King and the riot that followed. N.W.A. were visionaries—"Negrodamuses" who told and foretold of the violence perpetuated by police on its citizenry. Abner Louima, Amadou Diallo, Sean Bell, Mike Brown, Eric Garner, Sandra Bland—all products of police brutality. This is why N.W.A. screamed, "Fuck Tha Police!" They were the frustrated & raging voices of the Urban Bantustan! Gangsta rappers who did not turn a blind-eye to the bullshit in their community, Compton.
This new genre of rap music dubbed "Gangsta Rap" did not start with Compton and N.W.A. Philly rapper Schoolly D is most notably responsible for being the early pioneer of Gangsta rap. Min. Scott is an East Coast nigga with a bias against the West Coast and the music coming out of Cali. Maybe this explains his disdain for N.W.A.? Why doesn't he lay the moral decay of black life at the feet of real black people killers, like New York's Frank Lucas, Pappy Mason, Alpo and all those other miscreants that helped flood our streets with crack? Or northern Cali's Charles Smith, underboss of the Godmother Griselda Blanco or ex-drug dealer Ricky Ross and his C.I.A. bosses who flooded the streets of South Central & Compton—turning housewives into crack whores and would-be stand-up men into dope fiends! We talkin' da 80's.
N.W.A. was as revolutionary as Public Enemy (without the sideshow buck-dancing antics of Flava Flav!) In hindsight, how revolutionary was it for Eazy E to have dinner at the White House with President Ronald Reagan, the assumed enemy of most black people? What can be extrapolated from a jack-move like that? That's a long barbershop conversation and even a longer well thought out thesis/dissertation. When the Rodney King Riot jumped off, which rapper/s had the most prolific album speaking to the woes of police brutality? Tell me who? I'll tell you! It was an (ex) N.W.A. spitter—Ice Cube's 1992 album, "The Predator"—one of the greatest and most revolutionary rap albums ever written! Ice Cube murdered the subject of police brutality! He devoted that album to the cause. All of you young jits should have a listen!
Yes! We can point out some of the ratchetness of N.W.A.'s songs, as we could with most rappers and rap groups. Rappers aren't put on this earth to preach the gospel of religiosity, blackness or salvation as Min. Paul Scott would have it. N.W.A. spoke the truth and framed the truth according to their small world-view. How could they possibly be the blame for what ails black America?
The idea that groups such as N.W.A. were allowed to thrive to counter the consciousness and revolutionary ideas of Public Enemy and the like is far-fetched. I've seen the YouTube video about the secret meeting to destroy hip-hop and it's about as lame as Flava Flav being part of the Illuminati! You Negroes hold yourselves waaay too impotent important in the grand scheme of conspiracy theories (and this is coming from a conspiracy theorist.)
If Min. Paul Scott wants to lay the blame of ghetto erosion on anyone, perhaps he might start with our government. They create the environments & circumstances whereby black men find themselves afoul of the law—not N.W.A. or rap music. With everything I've got, I hate the FOX News posturing of Minista Paul Scott and what he brings to the revolutionary game! He might not go see "Straight Outta Compton," but I betcha he'll catch it on Netflix! Long live N.W.A.!
Khalil Amani, a Negus with pen-game and a love for hip-hop, even that gangsta, gangsta ish! Follow on IG, Facebook, Twitter. Or check for him in DJ Kayslay's Straight Stuntin Magazine, Allhiphop.com and the rest of those shitty Internet sites that steal my work.
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Anniversary: Arnzen – 50 years
Larry and Patty Arnzen were married Nov. 22, 1969, at St. Anthony's Church in Greencreek, Idaho, by Father Victor Lustig.
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Jack and Arlene Hubbard of Pollock, Idaho, will celebrate their 60th wedding anniversary Saturday, Aug. 24, 2 p.m., at the Salmon River Community Church in Riggins, Idaho.
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Former area resident Roberta Robie celebrates 102nd birthday
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SALMON, Idaho – Roberta Robie rang in her 102nd birthday Tuesday, April 23, 2019, by rising at 6:30 a.m. sharp – a habit instilled in her from the many years she spent running the Salmon River Ranch near White Bird with her husband, Peck. In addition to ranching, she taught school for many years.
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By Lorie Palmer - Idaho County Free Press
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Engagement: Schmidt - Rowland
Jacob P. Rowland and Keely J. Schmidt, both of Cottonwood, are pleased to announce, along with their families, their engagement. The couple will be married on June 22 at the Greencreek Hall, with a reception to follow.
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The families of Chad Lyle Dufur and Diana Jane Fisketjon congratulate them on their wedding. They were married July 14, 2018, at Mackey Bar Resort on the Salmon River. The groom is the son of Lynn Dufur and the late Craig Dufur of Grangeville, and the grandson of the late Archie and Eloise Earp and the late Raymond and Frances Dufur. The bride is the daughter of Fred Samuelson and Myrna Tiley. The couple make their home in Williston, North Dakota.
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Call for entries for INSIDE Awards
The 2014 INSIDE World Festival of Interiors is open for business, and is looking for entries from around the globe. Last year's winner, David Kohn, who won with his Carrer Avinyó apartment in Barcelona featuring an incredible tiled floor, has joined the jury alongside some of the biggest names in international design, such as Nigel Coates, Matteo Thun, Jaya Ibrahim and more. Those entries that are successfully shortlisted will travel to Singapore where they will present their project to the judges, with the winner revealed at the closing ceremony on Friday 3 October. INSIDE runs concurrently with WAF (World Architecture Festival) and together they form an important international architecture and interior design diary date.
For more information please visit the INSIDE website: insidefestival.com
05.03.2015 WAF: The world's greatest architecture festival returns as entries for the awards opens


It is tough being hospitalized, and tougher still if you are a child. Hospitalization, whatever the cause, means strange surroundings, smells and sounds, unfamiliar faces, a break in daily routine, and separation from family and friends, all of which require new resources for coping. Visits, especially by strangers from afar, make an indelible impression upon hospitalized youngsters and contribute immeasurably to their confidence and sense of well-being. Every visit to Schneider Children's Medical Center of Israel is meaningful and important, and as a result, visitors are welcomed warmly.
Should you wish to bring gifts for hospitalized children, we will assist you with suggestions and ideas, as well as coordinate arrangements. Whether an individual or a family, a concerned group or an organization, we will ensure that both you and our young patients will gain the maximum benefit from your thoughtful endeavor.


PuppetSoup director Fagner Gastaldon is currently touring performing as the lead puppeteer in 'Twinkle Twinkle' a production by Touched Theatre performing in Little Angel Theatre in London.
Fagner is manipulating the dog puppet, 'Marty' which plays alongside the father character played by Touched Theatre's award winning puppetry Director Darren East.
Twinkle Twinkle is a beautiful adventure in music and light, featuring brilliant puppetry, magical interaction and a gorgeous original score. Join Marty on his journey to find the brightest light in the sky, and inside all of us.
We are delighted to announce that Fagner Gastaldon will be joining us on stage as our second performer for Twinkle Twinkle. Fagner is a multi award-winning puppeteer and co-founder of Puppetsoup in Wales, with whom he has created the 5***** show 'Land of the Dragon – Gwlad y ddraig', 'The Memory Keeper' for the RSPB, 'Fix Freddie!' for the NHS, 'Jack' and, currently, 'Arthur the Bear King' for tour in 2017. Fagner began clowning and puppeteering for children in hospitals in Brazil whilst studying a degree in psychology and this inspired him to pursue his passion for puppets full time.
For us at Touched, we really wanted to create an early years show that placed two men, rarely seen in work for these audiences, at the heart of our story. Fagner's brilliance in puppetry and background working sensitively with young children will bring a new dimension to the puppetry, playfulness and heart of Twinkle Twinkle – we can't wait to begin our work together.


You will only ever find what you're looking for. If you want to find something new and beautiful, you need to start looking for something new and beautiful.
HOW AM I SUPPOSED TO DO THIS? MY SPIRIT IS SO BROKEN.


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Vice President, Diversity, Equity and Inclusion
Executive Administration Jobs
Specialized Institutions
Mitchell Hamline School of Law, a forward-thinking, independent law school based in Saint Paul, Minnesota and known for its pioneering blend of practical education and critical scholarship, seeks applications and nominations for the inaugural role of vice president, diversity, equity and inclusion.
Mitchell Hamline School of Law is a top law school for students seeking a practical legal education. The school offers traditional full and part-time programs as well as the first on-campus/online J.D. program at an ABA-approved law school. With a history dating back more than 100 years, Mitchell Hamline School of Law has continually shaped legal education to be relevant to its students, future clients, and the legal profession. Students, many of whom may not have otherwise had the opportunity to gain access to a legal education, thrive in a flexible, rigorous and experiential learning environment, and graduate prepared to make an immediate contribution in law, business, government, community service, and many other fields.
Reporting to President and Dean Anthony Niedwiecki, the vice president will be a key member of the president's executive leadership team as well as serve as a trusted advisor to the president. The vice president will engage with students, faculty, staff, alumni and the broader community to lead the campus in developing a vision and strategy for advancing diversity, equity and inclusion among its constituents and position Mitchell Hamline as a leader around these issues.
Among the vice president's priorities include developing a common and clear vision and plan for diversity, equity and inclusion for the school; partner with other functions so that diversity, equity and inclusion is woven into all aspects of the school; assess and evaluate the impact of current and future diversity and equity efforts; work to develop a diverse, equitable and inclusive-oriented culture across the school; and serve as an ambassador in the community for diversity, equity and inclusion.
The ideal candidate will have a documented history of successfully developing and advancing diversity and inclusion programs coupled with in-depth knowledge of theory and practice serving a diverse group of constituents including students, faculty, staff, alumni and the community. Candidates should possess excellent interpersonal and communications skills and abilities to inspire, influence and build relationships. Experience within a law school and/or possession of a J.D. is a plus, but not required. Candidates who possess the appropriate scholarly credentials may have the opportunity to teach courses.
WittKieffer is assisting Mitchell Hamline School of Law in this recruitment. A comprehensive leadership profile can be found at www.wittkieffer.com.
Application materials should include a letter of interest addressing how the candidate's experiences match the position requirements and a current CV/resume. For fullest consideration, applicant materials should be received by February 15, 2021. Application materials can be submitted using WittKieffer's candidate portal.
Confidential nominations and inquiries can be directed to the school's consultants, Werner Boel and Christine Pendleton at [email protected].
Mitchell Hamline School of Law is an Equal Employment Opportunity and Affirmative Action employer. We do not discriminate based on race, color, creed, religion, national origin, sex, marital status, veteran/military status, disability or handicap, age, sexual orientation, status with regard to public assistance, or any other protected class status. Members of marginalized and underrepresented groups are strongly encouraged to apply.
Strategic Consultant, Transfer Initiative
Minnesota Private College Council
Save Strategic Consultant, Transfer Initiative
Minnesota Office of Higher Education
Save Financial Services Manager
Full-Time Visiting Faculty in Creative Writing
Minneapolis College of Art and Design
Save Full-Time Visiting Faculty in Creative Writing


Malta, NY – The Saratoga County Prosperity Partnership (Saratoga Partnership), the county's designated economic development agency, today announced it will launch its job-creating Next Wave Center in the Saratoga Technology + Energy Park (STEP Park) in Malta – which will include an office for the Global Semiconductor Alliance (GSA) –and then expand the initiative into multiple sites throughout Saratoga County through creation of the Next Wave Network (NWnet). The announcement was made during the second annual Saratoga County Prosperity Summit, which attracted more than 150 attendees to the Saratoga City Center.
The NWnet will provide short-term flex space as a landing pad for companies working with GLOBALFOUNDRIES, and serve as a launch pad for firms to grow business relationships in Saratoga County and the Capital Region. The initial Next Wave Center, to be located at 107 Hermes Road in the STEP Park, will provide 10,500 square feet of space over two floors for companies seeking flexible configurations for office, warehouse, and light manufacturing activities.
The Saratoga Partnership secured the first building by working with The United Group of Companies, which has set aside space for short-term leases – generally from three months to two years – for companies that are just beginning to build business in the marketplace. Conversations are now underway to engage additional real estate developers and landlords to participate in the NWnet, which will be marketed by the Saratoga Partnership to supply chain companies working with GLOBALFOUNDRIES, among other potential tenants.
The first organization to secure office space in the Next Wave Center is GSA, a semiconductor trade association that represents more than 400 member companies in 35 countries that combine for over 75 percent of industry revenues. Through a just-announced strategic partnership, the Saratoga Partnership will market the NWnet and Saratoga County directly to GSA members, and the two will present the first-ever Northeast Semiconductor Symposium.
Shelton was a keynote speaker at the Prosperity Summit, which featured a theme of "Exploring the 'Next Wave' of Opportunity for Saratoga County." Rick Whitney, CEO of M+W Americas, and Carol Jenkins, Chief Analytics Officer of OutMatch, also delivered keynotes. Additionally, the event featured panel discussions on timely topics and business opportunities for companies throughout the region to capitalize on.


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New Luxembourg government sworn in, committed to continued development of financial centre
Following national elections on October 14, the new government was sworn in on December 5. Embarking on a second term, the Liberal Democrat, Socialist and Green parties' coalition agreement is marked by a stronger environmental drive and reconfirms the ambition to further develop and strengthen the Luxembourg financial centre.
The coalition agreement sets out four core priorities for the government's financial centre policy: support the development and expansion of promising new sectors, ensure best-in-class financial sector regulation, further strengthen international promotion of the financial centre and support education and financial sector research.
One new sector that will see significant expansion over the next years is certainly green and sustainable finance. Building on its national sustainable finance roadmap, the government will set up a Sustainable Finance Initiative to implement a comprehensive national strategy, and will encourage cooperation between international institutions, Luxembourg University and research institutes and the financial sector to establish Luxembourg as an international centre of excellence in sustainable finance.
In order to accompany the digitalisation of financial services, the government will continue to develop the highly successful national FinTech platform, the Luxembourg House of Financial Technology (LHoFT), and explore additional mechanisms to facilitate the launch of new activities and start-ups.
Leveraging Luxembourg's unparalleled success in UCITS, the government will also specifically focus on alternative investment funds and ensure that the legal framework is conducive to the development of this particular sector.
The government will closely monitor regulatory and technological developments to ensure Luxembourg can continiusly adapt its legal and regulatory environment, in full compliance with European and international norms, and maintain its traditional first move advantage. This will include exploring the potential of setting up new legal frameworks, for example in the area of crypto assets and initial coin offerings.
The government is also committed to making sure that international firms continue to find in the Luxembourg financial centre the ideal conditions to access the EU market, notably in the context of Brexit. Thus, in order to continue implementing an integrated, coherent and proactive promotion strategy for the financial centre, the government will ensure that Luxembourg for Finance, in its role as the Agency for the Development of the Financial Sector, has the necessary means. The government is also strongly committed to maintaining the right environment to allow the financial sector to attract the necessary talent and relevant high-skilled employees it needs for its continued European and international development.
Finally, the Government sees vocational training for the sector's employees as a key priority and will support new financial sector related research in areas such as financial technology, artificial intelligence or sustainable finance to ensure that the financial centre remains leading edge.


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Justia › US Law › US Case Law › US Supreme Court › Volume 87 › The Confiscation Cases
The Confiscation Cases, 87 U.S. 92 (1873)
The Confiscation Cases, 87 U.S. 20 Wall. 92 92 (1873)
The Confiscation Cases
87 U.S. (20 Wall.) 92
1. An information in rem under the fifth, sixth, and seventh sections of the Confiscation Act of July 17, 1862, for the confiscation of the real estate of a person falling within the provisions of those sections -- such information not being in any sense a criminal proceeding -- is not, after default made and entered and after a final judgment of condemnation, to be held fatally defective because it has averred that the property
Page 87 U. S. 93
seized belonged to someone who was one OR another of the persons referred to in the fifth and sixth sections of the act (thus making its allegations in the alternative), and has not averred it otherwise.
2. When an information avers that on a day named a seizure was made by the marshal under written authority given him by the district attorney in compliance with instructions issued to him by the Attorney General of the United States by virtue of the Act of Congress of July 17, 1862 (the Confiscation Act above mentioned), and when, to a citation or monition founded on the information, default has been made, it will, after such final judgment and condemnation be presumed that the requirements of the statute (which direct apparently that a seizure be made prior to filing the information, and that this seizure be by order of the President of the United States) have been complied with.
3. When an information under the said act, filed in the district court, is really in common law form, and the proceeding has the substance and all the requisites of a common law proceeding, the fact that the information is entitled "a libel" of information and that the warrant and citation is called a "monition" does not convert it into a proceeding on the admiralty side of the court.
4. What amounts to a sufficient service of process under the said act.
5. The fact that the warrant, citation, and monition in the district court was not signed by the clerk of the court is unimportant, it having been attested by the judge, sealed with the seal of the court, and signed by the deputy clerk.
6. Where, on an information under the said act, the information alleging that the property belongs to A. and that it is liable to forfeiture under the act -- all allegations being in form -- the court has proceeded, as the act directs it to do after default, to hear and determine the case, and only after such hearing and consideration condemns the property, it must be presumed that the property belonged to a person engaged in the rebellion or one who had given aid and comfort thereto.
7. The President's proclamations of amnesty in the year 1868 did not amount to a repeal of the Confiscation Act.
On the 17th of July, 1862, Congress passed an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes." [Footnote 1]
The act contains fourteen sections. The first prescribes the punishment for treason, punishing it with death or, in
the discretion of the court, with imprisonment and fine, and liberating the offender's slaves.
The second provides for the punishment of the offense of inciting, setting on foot, or engaging in any rebellion or insurrection against the authority of the United States or the laws thereof or engaging in or giving aid and comfort to the rebellion then existing.
The third declares that parties guilty of either of the offenses thus described shall be forever incapable and disqualified to hold any office under the United States.
The fourth provides that the act shall not affect the prosecution, conviction, or punishment of persons guilty of treason before the passage of the act, unless such persons are convicted under the act itself.
The fifth section enacts:
"That to ensure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section and to apply and use the same and the proceeds thereof for the support of the army of the United States, that is to say:"
"First. Of any person hereafter acting as an officer of the army or navy of the rebels, in arms against the government of the United States."
"Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner, or consul of the so-called Confederate States of America."
"Thirdly. Of any person acting as governor of a state, member of a convention or legislature, or judge of any court of any of the so-called Confederate States of America."
"Fourthly. Of any person who having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America."
"Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America or under any of the several states of the said Confederacy, or the laws thereof, whether such office or agency be
national, state, or municipal in its name or character, provided that the persons, thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the state or shall have taken an oath of allegiance to, or to support the Constitution of the so-called Confederate States."
"Sixthly. Of any person who, owning property in any loyal state or territory of the United States or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property, shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section."
The sixth section makes it the duty of the President to seize and use as aforesaid all the estate, property, moneys, stocks, and credits of persons within any state or territory of the United States, other than those named in the fifth section, who, being engaged in armed rebellion, or aiding and abetting the same, shall not, within sixty days after public warning and proclamation duly made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to their allegiance to the United States.
The seventh section provides:
"That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the United States in any district court thereof, or in any territorial court, or in the United States District Court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases, and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion or who has given aid or comfort thereto, the same shall be condemned as enemy's property and become the property of the United States, and may be disposed of as the court
shall decree and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid."
The eighth section authorizes the said courts to make such orders, and establish such forms of decrees of sale, and direct such deeds and conveyances to be executed where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of the act, and vest in the purchasers of the property good and valid titles.
The thirteenth section authorizes the President, at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, pardon, and amnesty, with such exceptions, and at such time and on such conditions as he may deem expedient.
The fourteenth section gives the courts aforesaid full power to institute proceedings, make orders and decrees, issue process, and do all other things to carry the act into effect.
In pursuance of this act, the United States, on the 15th of September, 1863, filed what it entitled a "libel" of information, but what in form and substance was an information, in the District Court of the United States for the District of Louisiana, for the condemnation and forfeiture of certain real property, to-wit, eight hundred and forty-four lots and ten squares of ground in New Orleans, all described in the information. One of the averments of the information was that the lots and squares had, on the 15th of August, 1863, been seized by the marshal, in compliance with written instructions issued by the Attorney General of the United States to the district attorney thereof, by virtue of the Act of Congress of July, 1862, the act above quoted, and that they belonged to John Slidell. It was not, however, said in terms that the seizure was made by order of the President of the United States. Other averments were the following:
"5th. That the said John Slidell, subsequently to said 17th day of July, in the year of our Lord 1862, did act as an officer of the army or navy of the rebels in arms against the government
of the United States, OR as a member of Congress, OR as a judge of a court, OR as a cabinet officer, OR as a foreign minister, OR as a commissioner, OR as a consul of the so-called Confederate States of America; OR that while owning property in a loyal state or Territory of the United States, or the District of Columbia, he did give aid and comfort to the rebellion against the United States, and did assist such rebellion."
"6th. That the said John Slidell, subsequently to said 17th day of July, in the year of our Lord 1862, did act as governor of a state, OR as a member of a convention or legislature, OR as judge of a court of one of the so-called Confederate States of America, to-wit, the State of Louisiana, OR did hold an office in the so-called Confederate States of America, after having held an office of trust or profit in the United States; OR did hold an office or agency under the government of the so-called Confederate States of America, OR under one of the states thereof, said office being national, state, or municipal in its name and character, which said office or agency he accepted after the date of the pretended ordinance of secession of the State of Louisiana; that he did take an oath of allegiance to, or to support the Constitution of the so-called Confederate States."
"7th. That the said John Slidell, subsequently to said 17th day of July, in the year of our Lord 1862, within a state or territory of the United States, was engaged in armed rebellion against the government of the United States, and did not, within sixty days after public warning and proclamation duly given and made by the President of the United States, on the 25th day of July, in the year of our Lord 1862, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States."
"8th. That the said John Slidell, subsequently to said 17th day of July, in the year of our Lord 1862, within a state or territory of the United States, was engaged in aiding and abetting an armed rebellion against the government of the United States, and did not, within sixty days after public warning and proclamation duly given and made on the 25th day of July, in the year of our Lord 1862 by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States."
On the presentation of the libel of information, the district
court directed a warrant to issue to the marshal commanding him to seize the property described and to cite and admonish the owner or owners and all other persons having or pretending to have any right, title, or interest in or to the same to appear before the court on or before the third Monday from the service thereof to show cause, if any they had, why the property should not be condemned and sold according to the prayers of the libellants.
The "order of publication," made September 15, 1863,
"Ordered that notice be given to the owner and owners of said property and real estate, and all persons interested or claiming an interest therein, to appear and answer this information on the 5th day of October, 1863, and show cause, if any they have, why said property and real estate, and the right, title, and interest therein of the said John Slidell should not be condemned and sold according to law; and that notice be given by posting a copy of this order upon the front door of the court house in the district, and by publication in the Era newspaper twice a week previous to said 5th day of October, A.D. 1863, the first publication to be on or before 19th instant."
The marshal, on the 3d of October, returned:
"Received, 16th September, 1863, and on the same day, in obedience to the within order of seizure, seized and took into my possession the within described property, posted copies of the warrant, libel, and judge's order on the door of the court house, published monition in the Era, a newspaper printed and published in New Orleans, on the 18th, 23d, 26th, 30th September, 3d October, 1863, returnable 5th October, 1863."
The warrant, citation, and monition was signed by the deputy clerk (not by the clerk), and was attested by the signature of the judge and the seal of the court.
On the 18th of April, 1864, after due monition and proclamation, no claim or defense having been interposed, a default was entered, and the information was adjudged and taken pro confesso. Depositions were then taken and filed, and on the 18th of March, 1865, after consideration of the law and the evidence, the district court adjudged and decreed a condemnation
and forfeiture of the property to the United States, there having been, as the reader will understand without its being said, no jury trial in the case. The exact language of the decree, after its recital, was:
"That the eight hundred and forty-four lots and ten squares of ground, with all the buildings and improvements thereon, property of John Slidell, and fully described in the libel of information on file, be, and the same are hereby, condemned as forfeited to the United States."
Subsequently, a venditioni exponas was issued, under which portions of the property were sold. The money produced, it was said at the bar, was yet in the registry.
On the 17th of March, 1870, the case was removed to the circuit court by writ of error, where the judgment of the district court was reversed and the libel of information was ordered to be dismissed. The sales, however, were confirmed.
That court said:
"The information is a remarkable specimen of loose pleading and uncertain statement. From the allegation in the fifth article, no man can tell what John Slidell did. The next article is of the same ambiguous and inconsequential nature. The extreme ambiguity of the charges in it is something more than a matter of form; it amounts to a substantial defect. There is in truth no charge at all. There is no charge that Slidell acted as a foreign minister of the confederacy. The allegation is that he either did that or something else; but we are not informed what. If the defect were one of form, it might be amended, but being substantial, it seems to me it is fatal."
"The other articles of the information do not save it. The same ambiguity is kept up in the seventh and eighth articles as in the previous ones, but they do not set forth any of the offenses which in the statute are made the basis or cause of confiscation. They are evidently meant to be assigned under the sixth section of the act. But that section refers to persons who in any state or territory of the United States, other than those named as aforesaid, were engaged in the rebellion. Now the states named as aforesaid were the loyal states which had just been named
Page 87 U. S. 100
in the last clause of the fifth section. Therefore the states or territories other than those were the disloyal states or rebellious states. So that the sixth section of the act only refers to persons who within any disloyal or rebellious states or territory were engaged in the rebellion."
"Yet the seventh article of the information merely alleges that Slidell, within a state or territory of the United States, was engaged in rebellion. It does not make a charge within the statute."
"The whole information, therefore, is substantially defective, and the judgment must be reversed."
From this action of the circuit court the case was brought here.
It is proper here to refer to certain proclamations relied on in support of the decree of that court.
On the 4th of July, 1868, the President, in pursuance of authority given to him by Congress, issued his proclamation. [Footnote 2] After preamble reciting the then condition of things, it said:
"And whereas it is believed that amnesty and pardon will tend to secure a complete and universal establishment and prevalence of municipal law and order in conformity with the Constitution of the United States and to remove all appearances or presumptions of a retaliatory or vindictive policy on the part of the government, attended by unnecessary disqualifications, pains, penalties, confiscations, and disfranchisements, and on the contrary to promote and procure complete fraternal reconciliation among the whole people, with due submission to the Constitution and laws."
"Now, therefore, I hereby proclaim and declare unconditionally and without reservation to all and to every person who directly or indirectly participated in the late insurrection or rebellion, except such person or persons as may be under presentment or indictment in any court of the United States having competent jurisdiction, upon a charge of treason or other felony, a full pardon and amnesty for the offense of treason against the United States, or of adhering to their enemies during the late
civil war, with restoration of all rights of property except as to slaves, and except also as to any property of which any person may have been legally divested under the laws of the United States."
On the 25th of December, 1868, another proclamation was made relinquishing all previous reservations and exceptions, proclaiming and declaring unconditionally and without reservation to all and every person who directly or indirectly participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United States or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.
ERROR TO THE CIRCUIT COURT
FOR THE DISTRICT OF LOUISIANA
MR. JUSTICE STRONG delivered the opinion of the Court.
The circuit court was of opinion that the information was insufficient; that it did not aver distinctly and separately what John Slidell had done; that it, in fact, made no charge at all against him, and therefore that it was substantially defective. In this opinion we cannot concur. As was said in Miller v. United States, [Footnote 3] the proceedings directed by the fifth, sixth, and seventh sections of the Confiscation Act are proceedings in rem, and they are required to conform, as nearly as may be, to proceedings in admiralty or revenue cases. They are in no sense criminal proceedings, and they are not governed by the rules that prevail in respect to indictments or criminal informations. It may be conceded that an indictment or a criminal information which charges the person accused, in the disjunctive, with being guilty of one or of another of several offenses, would be destitute of the necessary certainty, and would be wholly insufficient. It would be so for two reasons. It would not give the accused definite notice of the offense charged, and thus enable him to defend himself, and neither a conviction nor an acquittal could be pleaded in bar to a subsequent prosecution for one of the several offenses. But in proceedings against real or personal property to obtain a decree of condemnation
and forfeiture under the Confiscation Act, liability of the property seized to confiscation is alone the subject of inquiry. No judgment is possible against any person. The enactment of Congress was that property belonging to anyone embraced within several classes of persons should be subject to seizure and condemnation. Persons were referred to only to identify the property. Not all enemies' property was made confiscable -- only such as was designated by the act, and reference to the ownership was the mode selected for designating that which was made liable to confiscation. If the property belonged to a person who had filled either of the offices specified or who had done any of the acts mentioned in the fifth, sixth, or seventh articles of the information, it was the property which the act had in view. The United States had, therefore, only to aver and prove that the lots and squares seized belonged to someone who was one or another of the persons referred to in the fifth or sixth sections of the Act of Congress. In either alternative, the property was made subject to confiscation. It may be the information might have been more artificially drawn, and that if the owner had appeared in answer to the citation, he might have interposed successfully a special demurrer. But after default was made and entered and after a final judgment of condemnation, faults in the mode of pleading, mere formal faults, can be of no importance. They cannot have injured anyone. If the information set forth, though informally, a substantial right of action, it was sufficient, and the judgment cannot be disturbed because of such faults. And that it did in this particular cannot be questioned, for if the ownership of the property was in a person embraced in either class mentioned in the fifth and sixth sections of the act (no matter which class), it was liable to confiscation. This the information averred. It pursued the words of the law, and that in an admiralty or a revenue case is all that is required. In the case of The Emily and the Caroline, [Footnote 4] which was a case where
the libel described the offense in the alternative, pursuing the words of the law, alleging that the vessel was fitted out within a port of the United States, or caused to be sailed from a port within the United States, for the purpose of carrying on trade or traffic in slaves, the same objection was raised which has been raised in this case -- namely that the charge was in the alternative. But it was overruled. The Court admitted that fitting out and causing to sail were distinct offenses, but denied that charging them in the alternative was exceptionable. It was said that in
"admiralty proceedings, a libel in the nature of an information does not require all the formality and technical precision of an indictment at common law. If the allegations are such as plainly and distinctly to mark the offense, it is all that is necessary. And where it is founded upon a statute, it is sufficient if it pursues the words of the law."
Reference was then made with approbation to a note of Judge Story in the beginning of 7th Cranch to the case of The Caroline, [Footnote 5] in which it was said the Court did not mean to decide that stating the charge in the alternative would not have been sufficient if each alternative had constituted an offense for which the vessel would have been forfeited. The Court then added these observations:
"It is said this mode of alleging two separate and distinct offenses leaves it wholly uncertain to which of the accusations the defense is to be directed. This objection, if entitled to consideration, would apply equally to an information laying each offense in a separate count,"
and they concluded that the objection, if available at all, must go to the full length of limiting every information to a single offense, which they thought was not required by any principle of justice or sanctioned by any rule of practice applicable to admiralty proceedings. The same doctrine was asserted by Chief Justice Marshall in Jacob v. United States. [Footnote 6] So in Parsons on Shipping and Admiralty, [Footnote 7] the author, in view of the authorities, gives his opinion that a libellant may state his case in the alternative. So in Cross
v. United States, [Footnote 8] Judge Story remarked that "in proceedings in admiralty, the same strictness is not required as in proceedings in common law courts. And where the seizure is on land," said he,
"although the proceedings would seem to be analogous to informations in the Exchequer, yet I do not know that in our courts the rigid principles of the common law applicable to such informations have been solemnly recognized."
These considerations, in our opinion, justify us in ruling that the circuit court erred in deciding that the information is fatally defective because it does not aver distinctly and separately what John Slidell had done, but makes its allegations in the alternative.
No other reason than this we have mentioned, and which we regard as insufficient, was assigned by the circuit court for reversing the decree of confiscation, and ordering the information to be dismissed. But during the argument in this Court, other objections have been urged against the decree, which, if they are valid, would justify its reversal, though some of them would not warrant the dismissal of the libel. It therefore becomes necessary to examine and determine whether they exhibit error in the action of the district court.
The first of these objections, and the one most pressed, is, that the court was without jurisdiction of the case. It is said no other property than such as had, prior to the filing of the information, been seized by the direction of the President of the United States, was within the purview of the seventh section of the Confiscation Act, and, therefore, within the limited jurisdiction of the district court; and it is insisted the record does not show there had been any executive seizure of the eight hundred and forty-four lots and ten squares of ground before the information was filed, or, indeed, at any time.
Undoubtedly, though not an inferior court, the district court is one of limited jurisdiction, and that it has jurisdiction
of the particular case which it attempts to adjudicate, must always appear. Undoubtedly also, only such property as has been seized by executive order is within the power of that court for confiscation proceedings. Thus much is conceded. But it is a mistaken assertion that the record in this case does not show an executive seizure of the property condemned before the district court assumed any jurisdiction over it. The information avers that such a seizure was made on the 15th of August, 1863, by the marshal, under written authority given him by the district attorney, in compliance with instructions issued to him by the Attorney General of the United States, by virtue of the Act of Congress of July 17, 1862 (the Confiscation Act); and to a citation or monition founded on the information, default was made. What the effect of this default was we do not propose now to discuss at length. We have gone over the ground recently in the case of Miller v. United States, [Footnote 9] and to that case we refer. In view of what was there said and decided, and in view of the authorities cited, it must be held that the default established the truth of all the material averments in the information, and among others, that there had been an executive seizure before the information was filed. It was equivalent in effect to a confession. Now, while it is true a party cannot, by consent, confer jurisdiction where none would exist without it, it is equally true that when jurisdiction depends upon the existence of a fact, its existence may be shown as well by the confession of a party as by any other evidence.
It is next contended that the court had no jurisdiction, even if the seizure alleged in the information was made, because it is not averred to have been made by order of the President of the United States. As we have seen, the libel sets forth a seizure made by the marshal, under authority given by the district attorney, in pursuance of instructions issued by the Attorney General of the United States, by virtue of the Act of Congress (viz., the Confiscation Act). It is said
this exhibits no authority given by the President for the seizure, and that the Attorney General was not empowered to direct it. But if the seizure was made by virtue of the Act of Congress, as the information avers it was, it was necessarily caused to be made by the President, for he only was empowered by the act to cause it. Then the Attorney General must have been the agent of the President to give instructions to the district attorney, and through him to the marshal. The language of the statute is, "it shall be the duty of the President to cause the seizure," &c. This implies that the seizure is to be made by the agents of the President. And a direction given by the Attorney General to seize property liable to confiscation under the Act of Congress must be regarded as a direction given by the President. In Wilcox v. Jackson, [Footnote 10] it was ruled that the President speaks and acts through the heads of the several departments in relation to subjects which appertain to their respective duties. Therefore where, by an act of Congress, all lands reserved from sale by order of the President were exempted from preemption, this Court ruled that a request for a reservation made by the Secretary of War for the use of the Indian department, must be considered as made by the President within the meaning of the act. The same doctrine was asserted in United States v. Eliason. [Footnote 11] It may, we think, be properly applied to the present case. While it is true the right of seizure and confiscation grows out of a state of war, the means by which confiscation is effected have a very appropriate relation to the duties of the law department of the government. But whether this is so or not, it is sufficient that the information in this case avers the seizure was made by virtue of the Act of Congress. It must therefore have been caused by the President.
It is next objected that the suit was on the admiralty, and not on the law side of the district court. The seventh section of the Confiscation Act enacts that the proceedings shall conform as nearly as may be to the proceedings in admiralty
or revenue cases. Strict conformity is not required. No doubt in cases of seizure upon land, resort should be had to the common law side of the court, and such, in substance, was, we think, the case here. Everything necessary to a common law proceeding in rem is found in the record. An information was filed (called a libel of information, it is true, but still and information), a citation as well as a monition was issued, a default was taken, and, after consideration of the evidence, condemnation was adjudged. What was lacking in this to a common law proceeding in rem? The principal lack alleged is that there was no jury trial. But in courts of common law on jury is called when there is no issue of fact to be tried. An inquest is sometimes employed to assess damages; but a jury to find facts is never required where there is no traverse of those alleged, and where a defendant has defaulted. What matters it, then, that the information was called a libel of information, or that the warrant and citation is called a monition? The substance and all the requisites of a common law proceeding are found in the record. Technical niceties are not required either in admiralty or revenue cases. [Footnote 12]
It is next objected there was no sufficient service of the process, but we think the return of the marshal shows exact compliance with the order of the court directing service, and the manner in which it should be made. The order was that notice be given in two ways to the owner or owners of the property, and all persons interested therein, requiring them to appear and answer the information. The first of these ways was by posting a copy of the order on the front door of the court house, and the second was by publication, viz., publication of the requirement to appear in the Era newspaper. In the execution of the order the marshal went beyond it. He posted copies of the information, of the warrant, and of the order of the judge, and he published the monition, which was a citation, as he was directed. The service was, therefore, sufficiently made.
It is further objected that the information was informal in that it contained no charge against Slidell, the alleged owner, but that its averments were in the disjunctive. We have already sufficiently answered this. So too, the absence of any averment that the causes of forfeiture were contrary to the form of the statute or statutes of the United States in such case provided, is no sufficient reason for reversing the judgment of the district court. Such an averment is required by the twenty-second admiralty rule, but even in admiralty a failure to make it cannot be taken advantage of in a court of errors. [Footnote 13] The defect is only formal. It is true the absence of such averment in indictments and criminal informations has been held to be a fatal fault, but for reasons inapplicable to civil proceedings, and we need not repeat that the present is a civil case.
Another objection urged against the proceedings in the district court is that the warrant, citation, and monition was not signed by the clerk of the court. It was attested by the judge, sealed with the seal of the court, and signed by the deputy clerk. This was sufficient. An act of Congress authorized the employment of the deputy, and in general, a deputy of a ministerial officer can do every act which his principal might do. [Footnote 14]
A further objection urged against the adjudication of forfeiture made by the district court is, that it was made without any finding that the property belonged to John Slidell, or any person included in either of the classes designated in the fifth and sixth sections of the Confiscation Act. This is a renewal of the complaint so earnestly pressed in Miller v. United States, and which we held to be without foundation. It is said that notwithstanding the default, it was the duty of the court to
"proceed to hear and determine the case according to law, as is directed by the eighty-ninth section of the Act of March 2d, 1799, [Footnote 15] respecting forfeitures incurred under that act."
But were this conceded, of what avail would it be in this case in support of the objection?
The court did proceed to hear and determine the case after the default was entered. And it was not until after such hearing and consideration that the property was condemned. This appears by the record. Having heard and considered evidence, it must be presumed the court found that the property belonged to a person engaged in the rebellion, or one who had given aid or comfort thereto, as well as all other facts necessary to the rendition of the judgment. This is a presumption always made in support of judgments of courts after their jurisdiction is made to appear. No rule of law required the district court to state in detail in its record its findings of fact, and no such practice has prevailed in any court except some which are both of limited and inferior jurisdiction. Nor is it to be considered in a court of error whether the evidence was sufficient to warrant the findings presumed to have been made, and without which the judgment could not have been given. A less degree of evidence is certainly needed after a default. Even in United States v. Lion, [Footnote 16] so much relied upon, where a condemnation was sought under an act of Congress which enacted that after the default the court should proceed to hear and determine the case according to law, Judge Sprague said, "To what extent there must be a hearing must depend on the circumstances of the case." "The court," said he,
"will at least examine the allegations of the libel, to see if they are sufficient in law, the return of the marshal, and such affidavit or affidavits as the district attorney shall submit."
And he added that a willful omission by the owners to answer might of itself satisfy the court that a forfeiture should be decreed. But without further consideration of this objection, we refer to the opinion delivered in Miller v. United States, to which we still adhere.
There remains but one other matter which requires notice. It is contended that the proclamations of amnesty in 1868 amounted in effect to a repeal of the Confiscation Act. To this we cannot assent. No power was ever vested in the
President to repeal an act of Congress. Moreover, the property condemned in this case became vested in the United States in 1865, by the judgment of forfeiture, and the sale under the venditioni exponas merely converted into money that which was the property of the government before. No subsequent proclamation of amnesty could have the effect of divesting vested rights. Even the express repeal of a statute does not take away rights of property which accrued under it while it was in force.
We have thus reviewed the whole record of the proceedings in the district court, and we have been able to discover nothing which justified a reversal of the decree of condemnation.
Judgment of the circuit court reversed and the cause remanded with instructions to affirm the judgment of the district court.
12 Stat. at Large 589.
Appendix No. 6, Stat. at Large 1868.
78 U. S. 11 Wall. 268.
22 U. S. 9 Wheat. 381.
11 U. S. 7 Cranch 496.
1 Brockenbrough 520.
Vol. 2, p. 383, edition of 1869.
1 Gallison 31.
[Footnote 10]
38 U. S. 13 Pet. 498.
Samuel, 1 Wheat. 9; The Hoppet, 7 Cranch 489.
The Merino, 9 Wheat. 401.
Comyn's Digest, Officer, D., 3.
1 Stat. at Large 696.
1 Sprague 399.
MR. JUSTICE CLIFFORD:
I dissent from the opinion of the Court in this case because it is repugnant to the repeated decisions of this Court, to the eighty-ninth section of the Collection Act, and to the twenty-ninth admiralty rule of this Court, which was adopted as the rule of decision more than thirty years ago, and because it is opposed to the whole current of the decisions of the admiralty courts and to the rules laid down by the most approved writers upon admiralty law. [Footnote 2/1]
Apart from that, I also adhere upon the merits to the dissenting opinion in the case of Miller v. United States. [Footnote 2/2]
[Footnote 2/1]
The Vengeance, 3 Dall. 297; The Sarah, 8 Wheat. 394; 1 Stat. at Large 696; Admiralty Rules, No. 29; The David Pratt, Ware 495; Clerke's Praxis, art. 35; The Schooner Lyon, 1 Sprague 400; 2 Conklin's Admiralty, 2d ed. 178; Benedict's Admiralty, §§ 449, 552; 2 Browne's Civil and Admiralty Law 401; Dunlap's Practice 206; 2 Parsons on Shipping and Admiralty 400.
MR. JUSTICE FIELD:
I dissent from the opinion and judgment of the court on the grounds stated in the dissenting opinions in the cases of Miller v. United States, and Tyler v.
Defrees, reported in the 11th of Wall. so far as they are applicable to the facts of this case; and on the further ground that the libel of information is fatally defective in charging no one offense positively, but several offenses in the alternative.
MR. JUSTICE DAVIS also dissented.
MR. JUSTICE BRADLEY, not having heard the argument, took no part in the judgment.
87 U.S. 92


text:
Revealed: UK Fire Brigade Slashed By Cuts And Failed Privatisation
Today in a packed press conference, Dave Green of the Fire Brigades Union (FBU) warned that with 10,000 less firefighters under Theresa May's watch as Home Secretary, "ability to respond is becoming compromised." Cities such as Greater Manchester and London had seen "huge cuts" the former firefighter explained, adding that nationwide after seven years of cuts the […]
in News, Opinion
Today in a packed press conference, Dave Green of the Fire Brigades Union (FBU) warned that with 10,000 less firefighters under Theresa May's watch as Home Secretary, "ability to respond is becoming compromised."
Cities such as Greater Manchester and London had seen "huge cuts" the former firefighter explained, adding that nationwide after seven years of cuts the fire and rescue services had lost one in six firefighters.
"Our members are very much feeling the strain," he warned, adding "at some point or another we will be found wanting and that point is very very close. We have consistently said to both the coalition and also the Conservative government that you need to invest in the fire and rescue service. Our members will attend anything they are asked to attend. But we are constrained by our ability, by numbers, by resources."
With the FBU already warning that cuts are already leading to avoidable deaths, investigator David Wibberley has compiled a dossier of evidence of attempted privatisation, cuts and disastrous, expensive experiments in moving certain rescue duties to the private sector, in a special investigation for the FBU, which we publish in full below.
It makes grim and worrying reading. Especially for Conservative Party leader Theresa May already under fire for police and border force cuts and under whose remit as Home Secretary from 2010 – 2016 the cuts and hidden creep towards privatising the Fire and Rescue Services detailed below have occurred.
Fire Brigades Union National Officer Dave Green told the TLE:
"The fire and rescue service has been under attack from the government since 2010 through funding cuts – this much we know. Ten thousand jobs have gone and scores of stations have been closed. Now, there is another threat. Privatisation. The Service is seen as an area ripe for privatisation by those who look to make money out of taking essential services out of public ownership. There is money to be made out of tragedy.
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"We have already seen the privatisation of certain parts of the service and there is no sign that they are content to stop there. This piecemeal privatisation puts lives at risk.
History tells us that Tory governments deliberately run down industries to make them open to unscrupulous privateers, their friends, to pick over the profitable bones of the carcass. The rest is left to rot."
This press conference is dynamite stuff: Dave Green lays out the savage cuts to the Fire Service under this government. pic.twitter.com/phg7hw8BsJ
— EL4C💥 (@EL4JC) June 5, 2017
The secret creep towards privatisation of the UK fire service. Special investigation by David Wibberley.
It would be unacceptable and emotive for any politician to announce in public plans to privatise the UK fire service. Politicians accept that, despite the sustained government sponsored attacks on firefighters in the media, FBU members are still held in very high regard by the public for the work they do protecting their communities.
"entirely untrue"
Politicians have no option but to deny any plans for privatisation. In 2010 the then fire minister, Brandon Lewis, responded to claims that the government was considering the privatisation of the fire service, saying they were "entirely untrue". At the same time, Mr. Lewis was working actively to support the concept of local mutuals and cooperatives in the UK fire service, most notably in Cleveland.
The public perception of privatisation is usually of some form of "competitive" bidding process, leading to wholesale sell-offs, such as the Tote to Betfred in 2011, or of public flotations on the stock market, like Royal Mail in 2013 and 2015, or a franchise agreement, such as East Coast trains in 2015.
If privatisation is not seen to be taking place in this way, it allows politicians to deny that there any privatisation plans. Any other means to partially privatise a fire service goes overlooked.
Before 2002, when Professor Sir George Bain was asked by the government to conduct a wide-ranging review of the UK fire service, privatisation would not have been possible. To attract private investment, operating costs have to be driven down, industry regulations moderated and opposition minimised. Bain's report, the Independent Review of the Fire Service, led to rapid changes to fire and rescue services, and was the basis of what eventually became the Fire and Rescue Services Act 2004.
Bain's terms of reference were described in September 2002 as: "… having regard to the changing and developing role of the fire service in the United Kingdom, to inquire into and make recommendations on the future organisation and management of the Fire Service".
first steps of a long journey to privatisation
Bain's report was unpopular with firefighters. A long period of industrial action began in 2002 and continued until 2003 when a new pay and conditions package was agreed. This overhaul of pay and conditions was the first step of a long journey to privatisation. Like any such journey, there is a beginning, but how you get to the end is a matter of choice and interpretation.
Politicians point to Cleveland and champion its proposed mutual model, supposedly based on the John Lewis Partnership, giving each employee part-ownership of the company, a share of its annual profits, and a say in how it is run. In theory, it encourages employees to be more invested – literally – in their work, and so heightens productivity and profits.
At least, that's how it is supposed to work at John Lewis. Critics argue that the proposals either pay lip service to the scheme on which they are supposedly based – or are simply a way of making privatisation seem soft and fluffy.
this would allow a private fire provider to choose whether to attend flood incidents
The limiting of the fire service's statutory duty to perform certain tasks is another way to make privatisation a more attractive proposition. This may explain the reluctance of the government to include flooding as a statutory duty for the fire service in England and Wales (it is already a statutory duty in Scotland and Northern Ireland).
Depending on local contractual arrangements, this would allow a private fire provider to choose whether to attend flood incidents.
privatisation by the back door
Outsourcing or contracting out some of a fire service's function is another way to part privatisation by the back door. The Fire and Rescue Services Act 2004 allows for fire and rescue authorities to enter such agreements to secure assistance to discharge their functions.
These arrangements can only take place in relation to firefighting if "the person employs firefighters". The legislation does not state that firefighters have to be public sector workers.
Surrey Fire and Rescue Service has done exactly this with the outsourcing of its water rescue capability. In 2012, Specialist Group International (SGI) signed a 12-month pilot contract with Surrey County Council to provide a diving service, rope, confined space and swift-water rescue capability for the fire service. As part of this contract, SGI is to provide fire cover at times of industrial action.
Described by the government at the time as "an experiment", the pilot was extended to 2015 and, at the time of writing, was ongoing.
Peter Faulding, managing director of SGI, would not put a figure on the value of the contract, but suggested that the FBU was wrong when it estimated it was worth more than £1m a year.
Surrey FBU officials have said that 35 full-time firefighters could be hired for that – at a time when there was a shortage of about 60 in the county.
up to 18 fire engines can be unavailable at any one time because of staff shortages
Cambridgeshire Fire and Rescue Authority (CFRA), meanwhile, is using private contractor Serco to provide cover for its chronic shortages of firefighters.
CFRA freely admits that up to 18 fire engines can be unavailable at any one time because of staff shortages and is prepared to turn to the private sector to cover this shortfall.
This blurring of the public/private sector partnership arrangement was employed to launch what many saw as the privatisation of fire control rooms.
at least £469m has been wasted
The attempted replacement of the 46 fire and rescue services' control rooms across England with nine "purpose-built" regional control centres, linked by a new IT system, was a total failure.
The Department for Communities and Local Government cut its losses by terminating the contract in December 2010, seven years after it had begun, but at least £469m has been wasted.
hurriedly implemented and poorly managed
Amyas Morse, head of the National Audit Office, lambasted the scheme saying: "This is yet another example of a government IT project taking on a life of its own, absorbing ever-increasing resources without reaching its objectives.
"The rationale and benefits of a regional approach were unclear and badly communicated to locally accountable fire and rescue services, who remained unconvinced. Essential checks and balances in the early stages of the project were ineffective.
"It was approved on the basis of unrealistic estimates of costs and under-appreciation of the complexity of the IT involved and the project was hurriedly implemented and poorly managed."
transferring assets into third party ownership
Another flawed concept in the patchwork of privatisation is that of transferring assets into third party ownership, a mistake that cost both London and Lincolnshire fire brigades dear.
Both transferred the provision and maintenance of their vehicles to a company called AssetCo. Only days after settling a £4m bill from HMRC in relation to unpaid VAT and PAYE, the company was facing a winding up petition orchestrated by its own lawyers for outstanding fees. Part of the resulting business restructure saw AssetCo selling its entire UK fleet for just £2.
AssetCo said it left its UK business because the management team believed that operations were "based on a flawed business structure", which was why shareholders lost so much money.
Another transfer of assets that could have gone badly wrong for several brigades involves Cosalt Plc, a non-trading holding company purported to be a market leader in the supply and service of workwear to the emergency services. Several UK fire services had contracts with the company.
In the week Cosalt was due to take over management of North Yorkshire Fire and Rescue Service's contract for PPE, the company went into administration. Only a last-minute deal put together by joint administrator David Kelly (from PriceWaterhouseCoopers) saved the outsourcing of these assets. PWC sold shares in Ballyclare Limited, the remaining part of Cosalt Plc's trading business to David Ross, the majority shareholder in Cosalt Plc. An interesting turn of events.
The latest privatisation trend is one that was first identified in the USA in the 1980s and is described as "privatisation by attrition". In America, this was defined as "defunding specific government functions pushing them into the private sector".
"A fully privatised fire service is not something any firefighter wants to see"
In today's Britain, this is couched in the language of austerity, budgetary constraints and modernisation. As the FBU observed in 2016: "The Westminster government intends to cut its funding to the fire and rescue service by 20% during this parliament. In the last parliament they cut it by 30%. Since 2010, 10,000 frontline firefighter jobs have gone – that is one in six."
In 2002 the Bain Report opened the door to privatisation in the UK fire service. It comes in many forms – some can be stand alone, some can be blended into something that, while it doesn't feel like privatisation, is a definite step towards it.
We have travelled a long way down the murky road to privatisation, and the most important question now is which brigade will try to fully privatise first?
All efforts to hive off any element of the fire and rescue service must be resisted with vigour. A fully privatised fire and rescue service is not something any firefighter wants to see and they and the public they serve should be doing everything they can to prevent it.
David Wibberley @Wibswrites1
David is a writer and freelance investigative journalist based in the north east of England. He contributes to both national and regional publications as well the specialist and trade press.
This special investigation was carried out for the Fire Brigades Union and appeared in their magazine The Firefighter.
The London Economic asked the Home Office for comment but were referred to the minister. Neither Brandon Lewis the minister of state for policing and the fire service nor the Conservative Party have responded as yet.
A short film by the FBU below shows why avoidable deaths are already occurring due to cuts to the service.
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Joe Spud says:
But, the question remains, how many Firefighters voted Conservative in the election, that's the problem, you sow the seeds you reap what you sow, hard luck……
Billy the Smoke says:
I'd say 20% in my Brigade which is still far too many, it beggars belief.
Davy Affleck says:
The Bain Report was brought in by the then (Labour) government during the strike and was not the reason we took industrial action.
It constitomainly mainly a rehash of a report by Cafcoa that was taken off a shelf and dusted down. The FBU refused to take part as they saw it for what it was – an attempt to legitimise the arguments of the employers ad also a way to smash the FBU as we were seen as a strong radical left wing union. It also meant that Gordon Browns pay ceiling would not be broken..
The "Marxist traitor" lie was trumpeted by the media at every opportunity.
A good article apart from that small detail.
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Discover all that Miami (FL) has to offer with Ohana Hostel Miami Beach as a base.The Ohana Hostel Miami Beach boasts a convenient location with modern amenities in every guestroom and superb service.


The 19th Century main house, while rich in architectural character, has been completely renovated with all wood flooring & beautiful crystal chandeliers. With several elegant rooms to choose from, we are the perfect venue to host your upcoming event.
The Golf Shop at Glastonbury Hills Country Club offers members and their guests top-of-the-line golfing equipment and products guaranteed to help improve anyone's game. Stop in today to see all that we have to offer.
Our beautiful men's and women's locker rooms have been completely renovated and feature solid cherry wood lockers.
The slideshow below takes you on a tour of our beautiful banquet rooms.
Members and their guests enjoy casual dining in our newly renovated, family-friendly "Tavern on the Tee". The pub-style bar is the most popular choice for a beverage prior to or following a round of golf. Sit back, relax, and enjoy your favorite sporting event on our big screen televisions. Along with our regular menu, we offer daily and Happy Hour specials.
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Refreshing treats are available for purchase at the pool area snack bar.
Members may bring guests to the pool for a small fee.
GHCC has 2 hardcourt tennis courts with programs consisting of private as well as group clinics and lessons.


The ECOSOC Forum on Financing for Development (FfD Forum) met four days at the UN headquarters in New York to review the promises made at the Addis Ababa Action Agenda and its predecessors (the 2002 Monterrey Consensus and the 2008 Doha Declaration on Financing for Development). The FdD Forum is also the place for diplomats to discuss the means of implementation of the 2030 Agenda for Sustainable Development, but civil society is disappointed by the scarce results and the excessive confidence on the private sector filling in the funding gap.
Building capacity on tax matters is not just an issue for the global South, governments in the North should also strenghtend their own tax capacity, their own administration capacities when it cames to tax matters said Wolfgang Obenland, member of Global Policy Forum (GPF), Germany, who spoke at the event Follow-up and review of the financing for development outcomes and the means of implementation of the 2030 Agenda for Sustainable Development. See the video here.
Social security is a human right and in time of crisis is even more important, not just to face the crisis and the impact on people but also to estabilize the economy said Roberto Bissio, Coordinator of Social Watch, who was a speaker on behalf of the Global Coalition for Social Protection Floors (GCSPF) at the side event "Financing Social Protection Floors throught economic cycles". See the video here.
See also Bissio's intervention on how PPPs are deeply linked to corruption here.


text:
L.J.M. Owen
Author name: L.J.M. Owen
Book name: The Great Divide
Genre: Australian Rural Crime/Terror Australis
Launch date: November 2019
Website: ljmowen.com
In the rural Tasmanian town of Dunton the body of a former headmistress of a children's home is discovered, revealing a tortured life and death.
Detective Jake Hunter, newly-arrived, searches for her killer among past residents of the home. He unearths pain, secrets and broken adults. Pushing aside memories of his own treacherous past, Jake focuses all his energy on the investigation.
Why are some of the children untraceable? What caused such damage among the survivors?
The identity of the murderer seems hidden from Jake by Dunton's fog of prejudice and lies, until he is forced to confront not only the town's history but his own nature.
This is gripping, atmospheric, rural Australian crime fiction at its best. For fans of Jane Harper, Val McDermid, Alan Carter, Candice Fox, Dervla McTiernan and Emma Viskic.
The Great Divide explores the lingering impacts of being deemed 'less than' by one's own community, reflecting the silent anguish of many.
L.J. drew on her own childhood in small town Australia to explore the shared experiences of children becoming adults in a world that has cast them aside.
Twisted Secrets. Hidden Victims. Monstrous Crimes. A city detective hunts a killer through a fog of lies in small town Tasmania.
Where and how do you write?
When I'm in the flow, I write almost 24/7.
I write in my head when I'm driving, cooking, cleaning and (ostensibly) watching TV.
My mind works on plot and character development while I sleep.
Otherwise, I can be found on the couch, in bed or on the balcony with my laptop, typing madly.
What other creative activities do you do when not writing?
I work on TAF's Booklove Tuesdays, bringing readers and writers from a variety of genres together for an hour of intense booklove once a week; I tinker with photography; I drum (Arabic, mostly); and I experiment with unusual recipes from around the world.
What are your thoughts on authors reading reviews of their work?
Take a deep breath, read them for:
a) great grab quotes:
b) themes in the feedback you're receiving from readers; and
c) excellent dinner party stories about how a reader thought you (a woman scientist) were a horrible man for being so condescending about women in science.
Or the one who took a star off because – despite admitting they knew nothing about archaeology – they 'thought the author got the archaeology wrong'.
There are some doozies out there!
Were there times you felt like giving up?
My very first reader review on Goodreads was scathing, not of my book particularly, but of the entire genre it belonged to. The reader clearly hadn't read my book much past the first couple of chapters, they were just using it as an excuse to grandstand.
At the time, it hurt more than I should probably admit. Now, I can look back and laugh at how hit-and-miss the whole review space can be, but at the time it made me doubt whether I should continue.
With hindsight, what would you say to yourself as a fledgling writer?
Just. Keep. Going.
Multiple projects:
another Dr Pimms archaeological cold case, this time involving the women of Genghis Khan's empire;
a narrative online game version of Dr Pimms;
a foray into graphic novels;
a screenplay of The Great Divide; and
I've had many requests for a follow-up to The Great Divide, so I'm pondering a possible return for Jake Hunter.
Never a dull moment when you're a writer!
An Australian author, librarian and archaeologist with a passion for reclaiming women's history, Dr L. J. M. Owen is the host of TAF's Booklove Tuesdays and literary festival director of the Terror Australis Readers and Writers Festival.
L.J.'s latest release, the atmospheric The Great Divide, is a gripping investigation set deep in the heart of rural Tasmania. A dark departure from her usual Dr Pimms archaeological mystery series, The Great Divide is receiving rave reader and industry reviews.
L.J.'s freelance services include writing, editing and speaking. She is currently in COVID19 lockdown with her partner, two cats, four chickens and a motherload of coffee beans.


Citizens who wish to be a candidate in the May 4 general election can file for a place on the ballot beginning Jan. 16. Positions on Grapevine, Colleyville and Southlake city councils will be on the ballot as well as positions on the Carroll and Grapevine-Colleyville ISD boards of trustees. The deadline for candidates to file for the election is 5 p.m. Feb. 15.


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A Tonk's Tail... err, Tale...: 'Toon Tuesdays: See how annoying?
We showed our first one on Halloween. Here's our second one - enjoy!
LOL funny but no. Looking forward to more. Have a terrific Tuesday.
BOL! I cannot believe that was rejected...it's a good one!
ha ha - that is funny. But M says she does hate that "whatever." It is a funny card and I'm surprised it was rejected also.
I expect they said "whatever!" when they rejected it!
I liked the one on Halloween. I'd buy a card like that.
Like, IDK but that would have been a best seller among parents of teens!
We should have a Funny But No day on our blog too!
I can think of all sorts of things that Waffles does that would fit this. Maybe I need a Funny But No stamp.
No, no, no! This is way too funny to have been cut! Bwahahaha!
Hahahaha!! I think you are proving there is a market for these cards... and it's us!


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