No, not the Peter Rabbit that Beatrix Potter created. This Peter Rabbit is a 32 year old horse being kicked off his birthplace in the latest example of the loss of property rights in the U.S.
I'm very sadfor Peter Rabbit but I am much sadder that this once great nation has all but eliminated private property rights. Or, as Thomas Sowell would phrase it, "Property Rites".
The owner of a 32-year-old horse named Peter Rabbit wasn't able to buck a local ban on livestock within city limits.Lest you think this is simply urban progress, consider that Hickman has a total population just over 1,000 and is supposed to be a retreat from that 'urban' center of Lincoln, NE, population roughly 250,000. And yet, they were able to annex property that had been in this family since 1935 and dictate what the property can be used for.
After widespread publicity of the ban that threatened to kick Peter Rabbit off the pasture where he was born, the Hickman City Council considered an ordinance Tuesday night that would allow horses inside city limits. But council members ultimately voted 4-2 against adopting it, leaving the ban intact.
I'm very sadfor Peter Rabbit but I am much sadder that this once great nation has all but eliminated private property rights. Or, as Thomas Sowell would phrase it, "Property Rites".
According to the Constitution of the United States, the government cannot take private property without compensation. However, judges have been letting governments get away with doing just that for about half a century now. So long as the title to the property remains in the hands of its owners, the courts let local, state and federal governments do pretty much what they please, even if that destroys much of the value of the property.He further identifies the root cause of the abandonment of the Constitutional protection of property rights.
One of the reasons property rights do not get all the protection that the Constitution prescribes is that they are seen as special benefits to the affluent, which must give way to the general welfare. The old leftist phrase "property rights versus human rights" summarizes this mindset.He's a fairly bright fella, isn't he? Unlike this city councilman.
This ignores the value of property rights to the society as a whole, including people who own no property. Most Americans do not own agricultural land, but they get an abundance of food at affordable prices because farmers own both land and its produce as their private property, and therefore have incentives to produce far more efficiently than in countries where the land is owned by the government. The Soviet Union was a classic example of the latter, with hungry people despite an abundance of fertile land, inefficiently used under government control.
City Councilman Richard Harms said before Tuesday's meeting that he didn't plan to be swayed by all the talk.No, Mr. Harms, it isn't all livestock. It is, ultimately, the deterioration of a free society in favor of a collectivist one.
"I'm not giving them breaks anymore," Harms said. "They've had opportunities in the past."
Besides, Harms said, "a horse is a horse and a mule is a mule _ it's all livestock."
|
SU and I have been doing in my absence here is taking advantage of Netflix. We've watched all six seasons of 24 and a few movies.
Tonight we watched a very, very good movie titled Karol, un uomo diventato Papa, a three plus hour made for TV movie about Pope John Paul II. On the technical side, it is obvious that it was low budget and its TV pedigree shows. But, from a philosophical and inquiring standpoint, there is so much contained in that movie that nothing I could say here would be worthy. I've always known that he was a special person. His demeanor and attitude made me realize that Catholics are Christians too! That might sound strange to some, but if you grew up in the deep South as I did, you probably know what I mean. What a remarkable man. The movie attempts to show his part in bringing down communism but you'd probably have to have been aware of that prior to watching to understand it fully. Reagan gets most of the credit for that but in truth, it was Pope John Paul II that had the larger role in the fall of the Soviet bloc. Historians have already recognized this and it will not be long before the public at large does. Well, I guess I should say the public at large in the US, most of the rest of the world already does. I'm glad we watched it tonight, it will help me in class tomorrow. The material we are using this quarter is very good and now my spirit will be in the right place. on BigJolly lately has been treated to a different look almost daily it seems. This is because I've been trying to improve load times. The more multimedia and graphics that I website has, the slower it loads. Duh.
But there is a lot more to it than that. Background scripts take a lot of time to load, especially some of the java based ones. The quantity of small images affect load time. Compression and caching affect load time. All in all, it's been interesting. The current look is very fast, comparatively speaking. I could drop the video and get about a 30% throughput increase but the footprint is already so small that I don't think I will. Obviously this mostly affects dialup users but even broadband users will click away if it takes too long to load. Still using Joomla!, which is now at version 1.5.8. I changed servers from a VPS hosted solution in California to a dedicated one in Chicago. Huge increase in throughput but it did take some time to set up correctly. I'm using CentOS 5.2 on that server because it is very, very stable. I have another server that I'm running Ubuntu 8.04 64-bit on. There is a good throughput increase with the 64-bit system but it isn't quite as stable. I've got all kinds of systems running now. In addition to the two servers and the VPS (also running CentOS), I have a laptop running Ubuntu Ultimate 2.0 64-bit, a laptop running Ubuntu 8.04 32-bit, my home destop running Windows Vista, another desktop running Ubuntu 8.04 32-bit and this machine, a powerful machine with an Intel quad-core running Fedora 10 with virtual machines of WinXP, Debian 4.0, Ubuntu 8.1, SUSE 11.1 and Linux Mint. Maybe someday, I'll know what I'm doing! |
Hate when I wake up worried about the future.
There is an interesting and disturbing criminal case in Galveston County. On August 11, 2006, Daniel Gonzales, age 16, was struck by a pickup truck as he rode his bicycle home from his very first job. The pickup truck was being driven by Ronald Kenney, who was subsequently arrested and charged with intoxication manslaughter. On March 9th, in a trial that was delayed because of Hurricane Ike, a jury acquitted Mr. Keeney despite a blood alcohol concentration (BAC) of 0.31%, about 4 times the legal concentration of 0.08%.The jury in the case decided not to consider the results of the blood test because of a "sloppy" investigation, which the Galveston Police Dept. admits, and a delay in the time that it took, between 2 and 3 hours, to obtain a blood sample. Another factor that the jury had to consider was the victim's cerebral palsy and what, if any, role that condition played in the wreck. What society is left to ponder is the wisdom of a judicial system that lets a 67 year old man back on the streets after killing someone while driving with a BAC of .31%. In the latest episode of this case, the defense has filed a motion to expunge the charge from Mr. Kenney's record. Prosecutors are opposing the expunction of a Santa Fe man’s intoxication manslaughter charge, following his March 9 acquittal, and are probing whether additional charges could be filed, the man’s attorney said. Not being an attorney, I wasn't aware of the law regarding expunctions, so I looked it up. TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS is the relevant law and it is very clear, with one exception. First the clear part: Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: If a person is acquitted, the person is entitled to have all records expunged. Enter Subsection (c): (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode. So it appears that the prosecution is searching for something, anything to charge him with in this case in order to keep the intoxicated manslaughter charge on his record, which could be critical if he does something like this again. I can see why a prosecutor would want to do that. But still, the man was acquitted. And regardless of how it plays to us in the public, should a prosecutor take this approach after a man has been found Not Guilty by a jury of 12 peers? On the surface, it would seem to be Double Jeopardy. Again, I had to look up the Texas law on this one and it is in the Constitution: The Texas Constitution Article 1 - BILL OF RIGHTS Section 14 - DOUBLE JEOPARDY. No person, for the same offense, shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction. Obviously, the prosecutor is searching for a way around this. My question is, will he be able to make a legitimate claim that whatever he decides to charge Mr. Keeney with is separate and apart from the original charge? And if he is able to, would his actions meet the spirit of this law? As I said, it is an interesting and disturbing case to me. Background links: Driver’s blood alcohol nearly 4 times legal limit Driver not guilty in bicyclist’s death Galveston police reviewing 2006 intoxication manslaughter case ![]() |



There is an interesting and disturbing criminal case in Galveston County. On August 11, 2006, Daniel Gonzales, age 16, was struck by a pickup truck as he rode his bicycle home from his very first job. The pickup truck was being driven by Ronald Kenney, who was subsequently arrested and charged with intoxication manslaughter. On March 9th, in a trial that was delayed because of Hurricane Ike, a jury acquitted Mr. Keeney despite a blood alcohol concentration (BAC) of 0.31%, about 4 times the legal concentration of 0.08%.