A Matter of Order

"Don't do anything that is ILLEGAL, IMMORAL, or UNETHICAL, or might appear so."

Many years ago I made a choice to change jobs. The job change cost me income, but the corporation I was going to work for seemed to have strong values. The quote was their directive to managers. Mistakes do get made, decisions turn out to have faulty premises, and the business environment might change. A manager could always ask for forgiveness provided a decision was in keeping with the directive.

For its time, it was one of the strongest value codes I had ever encountered outside of the military. Yet in retrospect, the very order of the words indicates a fatal flaw. That flaw is placing the law ahead of morality and ethics.

I recently saw this in practice by a government agency. They had taken an action which permanently and irreversibly altered an environmental sanctuary. An old and very large landowner had established a large section of pristine prairie and wetlands as a trust. She realized even then, when the county was still primarily rural, that we were in danger of losing all that remained of America's virgin lands. She established a trust out of that part of her holdings that had never been plowed or timbered, added money to keep it preserved, and gave current and future generations a place to appreciate the land she had loved as a child in the 1800's. In October of 1967, her legacy Heard Natural Science Museum and Wildlife Sanctuary officially opened.

Old Bessie Heard was right, and 50 years later the county has changed from primarily rural to primarily urban. It has been one of the fastest "growing" counties in America as ranches and farms give way to suburbs and cities. Less than 100 miles of its roads are unpaved, and it has been almost two decades since traffic jams were caused by livestock changing pastures or running loose. Still, her gift to future generations remained unspoiled.

That is, until this week. Work began on a sewer line through this sanctuary under the jurisdiction and authority of the North Texas Municipal Water Department. The prairie has been torn apart, and the placement of sewer line beneath wetlands begun.

Which brings me back to the quote. You see, NTMWD acted legally at the state and county level. They were within the law in deciding to route the sewer through the sanctuary, within the law in using eminent domain to take ownership of a right of way of their choosing, legal in determining when and how the pipe placement was done. In fact, that is their response to any public inquiry as to "Why?"

The problem is that this legality has trumped morality and ethics. The board members are not evil, they aren't uncaring. None of them is inclined to litter, or abuse animals for fun, or even to trespass on a neighbor's property. I would bet all of them share most of the same morals and ethics as the rest of us. The problem is that what should have been the final hurdle in any decision was the only hurdle seriously considered.

I suspect we would solve most of our social issues if only we changed the order. The law should be the last consideration, after we have made our moral and ethical determinations. It should address compromise for when our individual moral or ethical values conflict.

"Do nothing that is immoral, unethical, or illegal, or might appear so."

_____

The Heard Natural Science Museum and Wildlife Sanctuary side of the issue is published at Be Heard and with an impact statement.

The North Texas Municipal Water District side of the issue is in a news release and public statement.

Shoot Me To Chicago - Evolution Of Air Travel?

As a variation on rail gun technology, perhaps its time to change how airliners begin their flights. Perhaps its time to "shoot" them into their cruising altitude.
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Fuel costs are putting airlines on the brink of failure. Rising costs, passed onto the flying public, leave airlines with but two advantages over other transportation. One is safety, for air travel remains the safest mode of travel when measured in passenger miles. The other is speed, an advantage that increases with the distance of any particular trip.

Safety is put at risk by airline attempts to reduce fuel consumption and overall costs. For an airline, this is a risky business decision. For passengers, it could be deadly.

Speed is put at risk with reduced flights and fuller aircraft. The time advantage of air travel is not simply a flight time question. For passengers, travel time begins when they head to the airport and ends when they arrive at a destination. Wait times created by fewer flights and higher congestion at terminals reduce the speed advantage of flying, especially on shorter trips.

Fuel consumption per mile is greatest from takeoff to cruising altitude. This again makes the shorter trips those with the highest cost to airlines. It seems that this is the area with the greatest potential for innovation.

Adapting current commercial aircraft to use a rail gun for take offs might be a viable approach. The rail guns would occupy a portion of the runways, perhaps one of the edges. The rail guns would provide the initial thrust required to place the aircraft at cruising altitude. The cruise segment and landing segments would remain under powered flight.

This adaption would be a logical extension of the catapult launch used on aircraft carriers. Having both a larger potential length and an electric versus steam drive, the rail gun should be viable for this purpose.
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Of course, this is only a first generation approach that retains the existing airline fleet.

A second generation approach might take a glider approach for the cruise segment of the trip. We already have an example of this with the Space Shuttle, now about to be retired. Despite the two catastrophes, the program has worked well as a glider once it was in the atmosphere.
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A third generation approach might be hybrid between air and ground transportation. Imagine a transportation network using ballistic technology. A rail gun launches the passenger shell, aimed at a very specific target. That target is a destination rail. The kinetic energy of the shell is converted back into electricity, serving as brake. The passenger shell, slowed down to a safe ground transportation speed, then rides a rail system to final points within a city.

Alternatively, the shell enters another stage of rail gun launch to shoot over another segment as air travel. It continues to be shot in a series of hops as it crosses a countryside to its final destination.

The dare devils doing motorcycle jumps have demonstrated that the landing is possible even without a vehicle designed for such activity. The accuracy of long range ballistics have demonstrated the computations required for to hit a specific target. Combining vehicle design and computer and network management makes this concept well within current technical capabilities.
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All three generations provide certain advantages. First, the amount of fuel consumed is reduced. Second, the noise pollution associated with commercial flight is reduced. Third, the amount of land required for transportation needs either remains static or is reduced versus other long haul transportation technology in use today. Fourth, second and third generation approaches might be optimized for trip speed. Fifth, second and third generation approaches would open up "air" traffic to more locations serving smaller communities and even specific end destinations.

After business in Chicago, shoot me to Circus Circus in Las Vegas to celebrate a successful trip!

Authority by State

I was doing a bit of searching for just which states have laws that authorize some level of their government to order mandatory evacuations. Texas, where I live, specifically denies that authority while Colorado's state attorney general has given his opinion that any level of government has that authority.

Digging into each state's laws is more than I want to do, but I did find some references for anyone who wants to look into their own state's position on emergency response.

A Guide to Directors of Homeland Security, Emergency Management, and Military Departments in the States and Territories of the United States identifies the state agency, the director, and has links for each state agency for all 50 states and 4 other US entities.

Disaster Evacuation and Displacement Policy is a summary report prepared for Congress that addresses some of the policy issues associated with disaster response at a Federal level.

This second report is noteworthy in another aspect. The opening paragraph begins:

Using the authority set out in state laws and local ordinances, state and local officials may suggest or require the evacuation of residents and communities before certain catastrophes occur.

It seems to me that the authors of the report clearly consider any authority for evacuation to be a power of the states rather than the federal government. When we argue about what the federal government did or did not do in any emergency situation, this is an important point.

The report goes on to say:

To a limited extent, federal statues authorize agency heads to use federal resources to assist in the evacuation of civilians.

This certainly makes sense. Since the power to mandate an evacuation, when it exists, exists at the state or local level then federal agencies can never be more than assistance.

Important concepts, my friends, very important concepts.

By Whose Authority?

We are back in the disaster season. California wildfires are again threatening residential areas, and tornadoes are showing up in the weather forecasts for the central and some eastern states. Flash floods are regular threats along some roadways. I see in today's news that "authorities have ordered mandatory evacuations" in some fire threatened areas.

This idea of "authorities ordered" is one I found troubling. In a nation built on the principals of personal freedom, personal sovereignty, it seems that we should be extremely reluctant to accept any authority by any government agency ever having the power to mandate. Simply put, authority held by government is freedom taken from the individual.

Now in Texas, we still have a fairly clear idea of what authority our elected officials have in regard to mandatory evacuations. It is stated in "Texas Homeland Security Strategic Plan, Part III State of Texas Emergency Management Plan" Section A Situation, Item 11 (page 5) which states:

Elected official in Texas do not have the authority to issue mandatory evacuation orders. However, the Governor, mayors, and county judges may recommend evacuation of the population and control ingress and egress to and from a disaster area.

Reading through the entire plan, the logic used is consistent. Authority and responsibility rests first with the individual. This responsibility includes when to act, how to act, planning and preparation for action, and mutual assistance between neighbors and any outside organization. This planning and preparation, and the mutual assistance between neighbors and outside organizations, moves up as the scope of a disaster expands. This is why Texas Governor Perry offered assistance from Texas to Louisiana, and is prepared to offer or request assistance from all neighboring states.

So, at least in Texas, the individual is the final authority on whether to evacuate.

Interestingly, and of great importance, is the role of the federal government. Just as the individual Texan does not surrender his authority to local, county, or state government, Texas does not surrender its authority to the federal government.

Something to keep in mind as we enter another season of natural disaster threats.

Trees

My father is responsible for my love of trees. One of my earliest memories is of him in a willow tree. Going through the family slides my brother-in-law digitized I found the tree, although my dad was not in it since he was taking the picture.

Over the years we planted several trees together, and years later my son built a tree house in one of those same trees.

Think like a Tree

Soak up the sun

Affirm life's magic

Be graceful in the wind

Stand tall after a storm

Feel refreshed after it rains

Grow strong without notice

Be prepared for each season

Provide shelter to strangers

Hang tough through a cold spell

Emerge renewed at the first signs of spring

Stay deeply rooted while reaching for the sky

Be still long enough to hear your own leaves rustling.

Karen I. Shragg

Visit http://www.bigtreestudio.com/ for some beautiful live oak drawings by artist Yan Lee.

A Friend Died Today

I lost a friend today. He was well past his prime, and even past a normal lifetime.

All the tired horses lying in the sun
How'm I going to get any riding done?

At 38, he was well past his allotted time. Yet he kept going, year after year. He was a favorite of everyone, especially the children.

Hmmm, hmmm,
hmm hmm, hmm hmmm

Over the holidays, he became a favorite of my grandson. It has been several years since he was here, and never had he stayed while the horses were here. Within an hour of arriving, he had identified with my friend. For the next two weeks, every day began with a visit to the horses and a chance to share time with Buckwheat. Every night ended with a visit to the corral and a stroke of Buckwheat's nose. Buckwheat would come to the gate to greet him.

All the tired horses lying in the sun
How'm I going to get any riding done?

My grandson learned to ride this year, and it was on Buckwheat's back. A gentle horse with children, patient as they sought to learn a new skill.

Hmmm, hmmm,
hmm hmm, hmm hmmm

Despite his age, he was the leader of the small herd here. Oh, Showtime had tried to challenge him on the first day, but Buckwheat calmly countered every attempt. For the past several months Showtime and Buckwheat palled around together most of each day.

All the tired horses lying in the sun
How'm I going to get any riding done?

He used gentle diplomacy over brute force in controlling the herd. He never sweated the small stuff.

Hmmm, hmmm,
hmm hmm, hmm hmmm

Liberty came to the herd undersized and fearful. Rescued from starvation and abuse, she will never achieve her full size. In other herds, she was always the victim, always at the bottom of the social order, and subjected to kicks and bites. Buckwheat tolerated none of that. Still at the bottom of the social order, she found refuge at Buckwheat's side. The biting and kicking ceased, and Liberty has become a full member of the herd. Pasture races and games of horse tag replaced the victimization. She shows her grief today.

All the tired horses lying in the sun
How'm I going to get any riding done?

The end began just after the New Year. Buckwheat started to colic. The vet came out and administered large doses of mineral oil on several occasions. Between times, Buckwheat received daily doses of a muscle relaxing drug to ease the cramping. There were good days and bad, but he seemed to be holding his own.

Hmmm, hmmm,
hmm hmm, hmm hmmm

This morning a heavy fog settled on the ranch. Five months of no rain and few clouds, but now it was cold and damp. Buckwheat was in pain, refusing all offers of food. I talked with his owner's husband Bill. We could see Buckwheat was at the end of his trail. Calls to several vets were made, and the best we could get was a promise to try and come out by day's end.

All the tired horses lying in the sun
How'm I going to get any riding done?

Bill went home to try additional resources. Buckwheat sank wearily into a manure pile. Sweat was rolling off of him, and the pain hit in visible waves. I sat beside him and stroked his neck.

Hmmm, hmmm,
hmm hmm, hmm hmmm

At last a friend showed up with experience at this. Buckwheat was given several doses of both muscle relaxing and pain killing medicine. He struggled to his feet, and headed back into the pasture. While Bill went to arrange for a backhoe, I followed Buckwheat with a blanket. He stumbled to the ground and began to shiver. I put the blanket over him, and sang his favorite Dylan tune to calm him.

All the tired horses lying in the sun
How'm I going to get any riding done?

Hmmm, hmmm,
hmm hmm, hmm hmmm

He stopped shivering, and in a few minutes he died as I stroked his head. Some people question the soul of animals. I envy them, for they must never have had a friend in fur or watched him die. They never watched other animals acknowledge the loss of a friend, as I did with his herd as they stood over him.

We buried him this afternoon. Tomorrow I will plant my Christmas tree over the grave, and sing him a Dylan tune.

Ken Hilving 

Solving Iraq

The situation in Iraq parallels the situation in every city in the world with organized crime (are there any without?) in a number of ways.

• There is an outside military or paramilitary force given responsibility for maintaining order. In Iraq this is the coalition forces plus the Iraq police and military, while in cities there is the police.
• There is an inside group or groups that refuse to recognize the legitimate authority. In Iraq, they are called insurgents and terrorists. In cities, these are gangs and criminal organizations.
• The inside group gets outside help from affiliated groups elsewhere. In Iraq, these are known as foreign jihad fighters. In the cities both gangs and other organized criminal organizations at times have members from other locations come in.
• The groups that oppose the legitimate authority are constrained only by their own rules and will routinely use terror tactics to maintain their control.
• Much rhetoric is applied to the supposed cause of the lawless groups, with the general population and legitimate authority assuming blame. I believe this provides us with a false sense of some control. I have not seen where any supposed cause has ever been successful in eliminating the lawless element in the long term.
• The local population does not routinely support the efforts of the legitimate authority. In both cases, the reason is fairly simple. The legitimate authority is not an integrated part of the neighborhood, is not always available, and is often unable to provide security against retribution. The inside organization is somewhat integrated into the neighborhood, at least with a physical presence. They deal harshly with anyone who aides the legitimate authority.
• The legitimate authority is held to a high standard of behavior and a great deal of constraint by law and by the local, national, and international media. Actions by any member of the legitimate authority are deemed the responsibility of the highest levels of leadership. The inside group is not held to any standard of behavior, choosing to ignore any external law and immune to media reaction. Leadership is often unclear outside of the group.
• The local population does not routinely support the efforts of the legitimate authority. In both cases, the reason is fairly simple. The legitimate authority is not an integrated part of the neighborhood, is not always available, and is often unable to provide security against retribution. The inside organization is somewhat integrated into the neighborhood, at least with a physical presence. They deal harshly with anyone who aides the legitimate authority.
• The legitimate authority is held to a high standard of behavior and a great deal of constraint by law and by the local, national, and international media. Actions by any member of the legitimate authority are deemed the responsibility of the highest levels of leadership. The inside group is not held to any standard of behavior, choosing to ignore any external law and immune to media reaction. Leadership is often unclear outside of the group.
• The local population will openly complain about the legitimate authority by word and by public demonstration. The inside group is never publicly criticized, and blame for their actions is often placed at the feet of the legitimate authority. I surmise this again for the simplest of reasons. The legitimate authority does not use retribution for negative statements against them, and often tries to respond to complaints. The inside groups only response to criticism is harsh retaliation.
• Members of the legitimate authority are able to criticize the actions or direction of their leadership with minimal risk, and the media has no problem finding members willing to do so. Membership in the legitimate authority force is typically for limited terms of time. The inside group tolerates no criticism. Absolute loyalty by all members for life is demanded. Family members serve hostage to this loyalty.

I believe that the same solution can be applied to Iraq and to law and order in any community. Solve either one first, and apply to the other.

Maybe the answer lies in the flip side of the coin of freedom - responsibility. If everyone takes responsibility for their own actions, and for the welfare of all other members of their community, then the ability of any predatory group to function will be stopped. It seems to me that a rise in crime and terror has followed our general increase in reliance on police and courts of law to resolve problems. Of course, the risk is that instead of law and order we have chaos and anarchy. Or is anarchy the pinnacle of democratic rule, with each individual sovereign?