Lex Anteinternet: Mid Week at Work. Three Mirrors.

Lex Anteinternet: Mid Week at Work. Three Mirrors.:  

Mid Week at Work. Three Mirrors.

 This blog, as we occasionally note has the intent . . . to try to explore and learn a few things about the practice of law prior to the current era. That is, prior to the internet, prior to easy roads, and the like. How did it work, how regional was it, how did lawyers perceive their roles, and how were they perceived?

Well, okay, clearly its strayed way beyond that, but it's retained that purpose and is focused on the period from around 1900 until around 1920, which makes a lot other things, indeed most things, off topic.

But this past week there were a collection of things we ran across that really do sort of focus in on that a bit, and given us an example of how things have changed.

Taking them in no particular order, we have the story of baseball player Tommy Brown, about whom we noted:

Seventeen year old Tommy Brown became the youngest player in Major League Baseball to hit a home run.  Brown had joined the Dodgers at age 16.

Brown provides a good glimpse into mid 20th Century America.  Nobody would think it a good thing for a 16 year old to become a professional baseball player now.  Moreover, the next year, when Brown was 18, he was conscripted into the Army, something that likely wouldn't happen now even if conscription existed.  He returned to professional baseball after his service, and played until 1953 and thereafter worked in a Ford plant until he retired, dying this year at age 97.  Clearly baseball, which was America's biggest sport at the time, didn't pay the sort of huge sums it does now.

Tommy "Buckshot" Brown as born on December 6, 1927 and January 15, 2025, and gives us a really good glimpse of the world of the late 1930s and 1940s.  He'd dropped out of school at age 12 in 1939 and went to work with his uncle as a dockworker.  Being a longshoreman is a notoriously dangerous job and frankly the occupation was heavily influenced by the mob at the time.  There's no earthly way that you could be hired as a longshoreman at age 12 now, nor should there be.  But life was like that then.  My father's father, who was born in 1907, I think, went to work at age 13.  

People did that.

If you are a longshoreman at age 12, you are a 12 year old adult.

He must have been a good baseball player to be hired on in the Majors at age 16.  If that happened now, you'd have to be one of the greatest players alive in the game. But this was during World War Two, and baseball was scraping.

It was scraping as the military was.  The service had taken pretty much all the able bodied men who weren't in a critical war industry.  We don't like to think this about "the Greatest Generation" now, but by 1944 and 1945, the Army was inducting me who were only marginally capable of being soldiers in normal times.  Men who were legally blind in one eye and who were psychotic were being taken in, and I'm not exaggerating.  The recent incident we reported here of a soldier going mad and killing Japanese POWs makes sense in this context.  It's relatively hard to get into the Army now.  After World War Two men inducted were in good physical and mental shape.  By the last days of the Second World War not all were and we knew it.

Brown's story also tells us a lot about what economic life was like mid century.  Obviously, baseball didn't make Brown rich, and there was no post baseball career associated with sports.  He went to work in a factory.

Going to work in a factory, in the 50s, was a pretty solid American job, and another story we touched on relates to this.

The US War Production Board removed most of its controls over manufacturing activity, setting the stage for a post war economic boom.

The US standard of living had actually increased during the war, which is not entirely surprising given that the US economy had effectively stagnated in 1929, and the US was the only major industrial power other than Canada whose industrial base hadn't been severely damaged during the war.  Ever since the war, Americans have been proud of the economics of the post war era, failing to appreciate that if every major city on two continents is bombed or otherwise destroyed, and yours aren't, your going to succeed.

Having said that, the Truman Administration's rapid normalization of the economy was very smart.  The British failed to do that to their detriment.

Americans of our age, and indeed since the 1950s, have really convinced themselves that American Ingenuity and native smartness caused us to have the best economy in the world in the third quarter of the 20th Century, and that if only we returned to the conditions of the 50s, we would again.

Well, the conditions of the 1950s were a lot like the conditions of the post war 1940s.  Every major city in the world, save for American and Canadian ones, had been damaged, and many had been bombed flat.   It's not as if Stuttgart, Stalingrad, or Osaka were in good shape.  We would have had to nearly intentionally mess up not to be the world's dominant economy and that went on all the way into the 1970s.  The UK did not really recover from World War Two, in part due to bad economic decisions, until the 1960s.  West Germany, ironically, recovered much quicker, but in no small part due to the return of refugee German economists who intentionally ignored American economic advice.  Japan emerged from the devastation in the 70s.  Italy really started to in the 60s.  

Many of these countries, when they did, emerged with brand new economies as things were brand new.  Japan is a good example, but then so is Italy, which had been a shockingly backwater dump until the mid 50s.

Russia, arguably, has never recovered, helping to explain its national paranoia.

The thing is, however, that the myth as been hugely damaging to Americans, who imagine that if we were only whiter and had "less regulation", etc., we'd be back in 1955.  It's not going to happen, and we can't tariff our way back to the Eisenhower Era.

Of course, a lot of that post war era wasn't all that nifty. We had the Cold War, for example, and we often dealt with significant inflation, in no small part to inflate our way out of enormous Cold War defense budgets. . .which is probably a warning of what's to come when we realize we have to do something about the national debt.

Finally, we had posted on women and careers.  Well, sort of.  Anyhow, right after that we saw a Twitter post in which a young woman who posted on TikTok was being discussed for say:

I'm just so tired of living and working and doing this every single day, and having nothing — I don't know how I'm gonna get childcare when I have to work 40 hours a week because I can't even afford to feed my family as is.  I'm having medical problems. I can't even get into the doctor because X rays and MRIs are 500, let alone a colonoscopy and endoscopy that I need. Like, I can't afford anything. My doctors cancel my appointments.

This world is just not meant to be like this, we need to make change for us, for each other. Please.

She's right.

This was under the heading, on her post, of "This world is a scam".

The world?  Well, that's a little too broad.  But the modernized industrialized Protestant work ethic world of the West?  You bet.

Interestingly, one of the things she took flak for was buying some sort of baby bottle washer.  It's been a long time since there were infants here, but when there were, I recall we tended to use sort of a disposable system, not real bottles.  Having said that, I looked bottles up, and I can recall that we had some of the ones that are still offered, so I'm likely wrong.  Anyhow, washing bottles is no doubt a pain.

The irate people, who are probably generally irate simply because she had children, and therefore is not fully lashed to the deck of the economic fraud everyone is participating in, seemed to think that this therefore meant she was rich.  Not hardly.

FWIW, I looked up baby bottle washers too, and they really aren't that expensive.  They no doubt probably save time.  Time is money and of course we need to get those wimmen's out in the workplace where they can serve the machine.

Women only entered the workplace at this level in the first place after domestic machinery freed, or seperated, their labor from the house, where it had previously been necessary.  You don't see women being criticized because their house contains a vacuum cleaner, or a dishwasher, even though this is not intrinsically different.  

Indeed, this tends to be the one area where the right and the left are in agreement, and will yell about how society needs more baby warehouses, um daycares.  The left, of course, goes further and discourages having children at all, and would indeed expand infanticide if it could, one of the issues that gave rise to the culture was and the populist revolve that we're still in.  

At any rate, she's right.  The world is not meant to be like this. We made this horror, and others.  We can fix it.

Lex Anteinternet: A 2025 Independence Day reflection.

Lex Anteinternet: A 2025 Independence Day reflection.: 

A 2025 Independence Day reflection.

I wasn't going to post a July 4th item this year, as I frankly feel pretty pessimistic about the state of the country.  But after reading some, I thought I ought to.

Independence Day marks, of course, the day 249 years ago when the Continental Congress declared the United States to be independent of the United Kingdom, which had founded the colonies.  It took over a year of pitched combat for Congress to reach that point.  What's really important about it, however, is not so much that the United Colonies declared independence from the mother country, but that it did it democratically and formed a democratic republic immediately.  Indeed, the country was acting as a democratic republic before it actually formed one officially.

From the very onset, the United States was a democracy.  I'll occasionally hear somebody who doesn't grasp that or understand it say "we're not a democracy, we're a republic".  That statements, which indeed was made by our serving Congress woman, shows a lack of understanding on what a democracy and a republic are.  We most definitely are a democracy, and always have been.

The initial structure of the country that was arrived upon by the founders of the country featured a very strong congress and a phenomenally weak president.  The US Constitution, it should be noted, is the country's second, not first, constitution.  The first one that featured that structure was the Articles of Confederation  It was John Hanson, not George Washington, who fulfilled the role of President at first.

The Articles didn't work well, but notable in them is that right from the onset the country was that, a country.  Some people will also occasionally claim that at first we were thirteen countries. That's nonsense.  We were, in fact, a putative country even before the Declaration of Independence, with the initial hope being that the country would be a union of fourteen, not thirteen, colonies.  The reluctance of the Quebecois to throw in with the virulently protestant colonies to their sound quashed that dream, with it setting the continuing tone that Canada wants nothing to do with being in the United States of America.  Nothing.

The Constitution of the US set us on an ongoing path which gives real concern to conservatives such as myself.  Right from the debate on the document there was a struggle between those who wanted to retain a weak national government and strong state governments.  States were, in fact, amazingly unrestrained in their powers early on.  In contrast, there were those who wanted a strong federal government and weak state governments.  The Federalist position, which was the more practical and realistic, ultimately won out, and it would have no matter what.  Even those who opposed Federalism found that they used its powers by necessity when they were in power.

That created, however, a structure in which the country converted the President of the Congress into the President of the United States.  Lacking a king, but remembering the model, the President occupied a position that vaguely recalled the monarch, in contrast to the British example in which the chief executive of the nation was and is a member of Parliament.  This worked well for a very long time, but it did put the US in a situation in which there existed a real possibility of a slow transfer of power to an executive divorced of the legislature.  

Indeed, expansion of executive power occurred nearly immediately.  It took a big jump during the Civil War, again by necessity, and it jumped again in the 20th Century.  Theodore Roosevelt expanded it as it suited his vigorous mindset.  Woodrow Wilson expanded it due to the Great War.  Franklin Roosevelt expanded it due to the emergency of the Great Depression and then World War Two.  Following World War Two the powers already expanded were thought normal, and again the Cold War seemed to make their retention necessary.  A President commited the country to a largescale war for the first time in the nation's history without a declaration of war when Truman sent forces into Korea.  This repeated itself when Johnson did the same with Vietnam.

Indeed, the disaster of the Vietnam War and the legacy of the Korean War caused Congress to attempt to claw back power with the War Powers Act.  The corruption of Richard Nixon resulted in Congress asserting its power as well.  But by the late 1960s the Democratic Party has also accommodated itself to revision of the national organic document, the Constitution, by a Supreme Court that simply made stuff up.  That accomodation started the development of the Democratic Party simply sitting on its hands and letting the courts rule to a large degree.  The Court became sort of an odd co chief executive, with the most egregious example being the absurd decision of Roe v. Wade, at least up until its progeny, Obergefell v. Hodges.

Abuses in the law, with Obergefell being the final example, and a Congress that simply accommodated itself to not really doing anything gave rise to the angered muddled populist far right, and the angry intellectual National Conservatives, the latter of which realised that the former was a plow mule that it could do its work with.  National Conservatives basically abandoned the concept of an expansive democracy in favor of a much more limited culturally correct one and took advantage of, and are taking advantage of, a chief executive whose mind is mush but whose ego is titanic.  They see him, effectively, as a "Red Caesar".

In the meantime, Mitch McConnell's Supreme Court began to hurl back to Congress the powers that it had dumped on the courts like city people dumping kittens on farms.  A Congress used to yapping but not doing anything was not prepared to exercise power once again, and very obviously still is not.  Much of what the Roberts Supreme Court has done in recent years really isn't radical at all, but its suddenly getting there, making decisions which are difficult not to view as seeking to empower the chief executive.

We can't tell where this will end up, and hence the pessimism. We may very well be in an era in which, when we look back a decade more hence, we will see a revived Congress that resumed its proper role, and a diminished Presidency, that's returned to its, even if that looks like something from, perhaps, the 1960s or 1970s.  Or we may seen an ineffective Congress and a nation ruled by a successor Red Ceasar who has more in common with Victor Orban than George Washington.

Perhaps we should be encouraged by the fact that the country has weathered previous existential threads to its democratic nature.  The War of 1812 presented one when a large portion of the country wanted nothing to do with the declared war and thought about leaving the infant nation.  The Mexican War saw something similar, and the Civil War, in which half the territory of the country attempted to leave in order to keep a large percentage of its population in chains.  World War One sparked further crises when it became unclear what the President's powers were in regard to a foreign war, and following the war the country acted wholly illegally towards those on the radical left.  During the Depression a right wing threat to the nation caused a putative coup to develop, the news of which was then suppressed.  Deep Communist penetration of the government in the 1930s and 1940s, was covered up in the 1950s and the reputation of the Congressman exposing it forever trashed, something his lack of restraint aided in.  The disaster of the Vietnam War and the following horror of Watergate caused many to feel that democracy in the US was dying.

Of course, we've never had a figure like Trump  before make it into the Oval Office.  The closest we've ever had to that was Jefferson Davis, in the Confederate White House, who at least was more genteel.  Huey Long was much like Trump, but of course he did not replace Franklin Roosevelt.

Still, there is reason for optimism.  Trump is not a popular figure.  He's wrecking conservatism which conservatives will have a hard time overcoming in the remainder of my lifetime, but there are signs that his bolt is now shot, in spite of his budget bill.  So much political capital was spent on that that it will bring the Democrats into power in Congress in 2026. They'll have to act like a Congress at that time.  Repairing the damage will take time, but perhaps not as much time as might be feared.  The populists may have done the country a favor by peeling back the lazy ineffectiveness of the pre 2016 Congress, and the National Conservatives may be doing the country a favor by restoring some of the basic elements of conservatism. They're both damaging the country enormously by being inhumane.

When the reign of the Red Ceasar ends, and I think that will be by this time next year, maybe  Congress will go back to its proper role and the gutless cowards of the GOP who have allowed this to occur will be retired in disgrace.  The country got over the Civil War.  There's hope it can get over this.

War and moral decay. Was originally Lex Anteinternet: Monday, July 2, 1945. Advances on Balikpapen.

Lex Anteinternet: Monday, July 2, 1945. Advances on Balikpapen.: 

Monday, July 2, 1945. Advances on Balikpapen.

Maria Michi in Rome, Open City.  She also played the role of the welcoming Italian turned prostitute in Paisan.  Both films were directed by Roberto Rossellini and filmed immediately after World War Two.  Why am I featuring her? See below.

Tokyo's population was down to 200,000 people due to evacuations from the bombed city.

Australian troops took Balikpapan's oil facilities.

American operations conclude on the Ryukyus.

The submarine USS Barb fired rockets on Kaihyo Island near Sakhalin,the first instance of a submarine firing such weapons.

Mountbatten is ordered to launch Operation Zipper, the liberation of Malaya, in August.

The 1945 Sheikh Bashir Rebellion broke out in Burao and Erigavo in British Somaliland against the British.

"The American Farmer" was the cover story in Newsweek.

Louis Till, father of Emmett Till who is remembered for being lynched at age 14 in 1955, was executed by the U.S. Army at Aversa, Italy for two counts of rape and murder.  

The elder Till had married the younger Till's mother when they were 18, over the objections of her parents. The marriage was not a happy one and she divorced him after he physically attacked her.  A conviction from that resulted in his joining the U.S. Army in order to avoid a prison sentence.

While Tills' conviction and execution are debated, the circumstances of the crime, which involved a home invasion and rape, are vile, and it seems that the trial was well conducted.

What's this have to do with the younger Till's lynching?  Absolutely nothing.  The junior Till never knew his father as the relationship had disintegrated when he was a mere infant.

There may be something, however, to take away about the horrors of the postwar world.  Armies are made up of all kinds of people, particularly conscripted armies.  Putting somebody in uniform so they wouldn't go to jail was fairly common.  There was a guy in boot camp with me who was there for that very reason, and I know a very successful person who essentially had the same thing occur to him.

And wars are a huge violation of the moral order.  Invading armies have always been associated with crime, with rape being a particularly common one.  Occupying armies, and even garrison armies, have a fair amount of moral depredation they bring on as well.

This certainly doesn't apply to everyone in uniform in these conditions, and not even the majority of those in uniform, in most modern armies, but it's frankly the case that World War Two created a vast amount of prostitution in Europe, some of it of a massively desperate type as portrayed in Rossellini's Paisan, and discussed in Atkinson's The Day of Battle.  Italy was quite frankly particularly hard hit as its infrastructure was far less developed than that of France or Germany, and it's population lived much more primitively and much closer to the poverty line.  Indeed, the vast bulk of the Italian population even before the war lived in what Americans of the same period would have regarded as poverty.

In these conditions, Italian women became targets.  Many prostituted themselves.  Some entered what might be regarded as a species of concubinage.  A biography of Bill Mauldin notes, for example, that for a period of time both Mauldin and another Stars and Stripes reporter kept girls in their mid teens, something that would have been regarded as a crime in the U.S. given the girls' very young age.  Paisan, as noted, depicts a middle class Italian girl descending into poverty, and then trying to grasp a straw out of it that nearly appears.  The classic The Man In The Grey Flannel Suit depicts a middle class American businessman who was an officer during the war engaging in a secret affair that produces a child while a soldier in Italy.

Concubinage is one thing.  Rape quite another, but murder is beyond the pale even for most whose morals decay in wartime.  But not for everyone.  And of course, we haven't touched on the Red Army, for whom wholescale rape, and then murder, of the women of the countries they overran was routine.  The percentage of Soviet soldiers that went home as rapist likely isn't known, but it was appreciable, and appreciated apparently by Soviet women, which lead to that generations domestic lives being notoriously turbulent.

War changes everything, and most of what it changes, isn't for the better.

Last edition:

Sunday, July 1, 1945. Battle of Balikpapan. The Post War German Map. Blondie.

Labels: 1940s, 1945, Australian Army, Automobiles, Battle of Balikpapan, Borneo, Dutch Army, Germany, Growing up in the 1970s, Music, New Wave Music, Personalities, Post WWII Occupation of Germany, Rock Music, World War Two

Lex Anteinternet: Some Labor Day Reflections.

Lex Anteinternet: Some Labor Day Reflections.: 

Some Labor Day Reflections.

Yesterday, I made some observations on Denver, and today I'm doing the same on Labor Day, 2024.

Of course, it's immediately notable that I'm making these the day after Labor Day, which was a day I didn't get off.  I worked a full day. 

I was the only one in the office.

Labor Day dates back to the mid 1800s as an alternative to the more radical observance that takes place in many countries on May 1.  Still, nonetheless, early on, and for a long time, there was a fair amount of radicalism associated with it during that period when American labor organizations were on the rise. The day itself being a widely recognized day off is due to organized strikes on the day that started occurring during the 1930s, to the day as sort of a "last day of summer holiday" is fairly new.

Even now, when people think of it, they often think of the day in terms of the sort of burly industrial workers illustrated by Leyendecker and Rockwell in the 20s through the 40s.  Otherwise, they sort of blandly associate it with celebrating work in general, which gets to the nature of work in general, something we sort of touched on yesterday with this entry;

Deep Breath

A Labor Day homily.

Sadly, I'm working on Labor Day.

Early on, Labor Day was something that acknowledged a sort of worthy heavy work.  There are, in spite of what people may think, plenty of Americans that still are engaged in that sort of employment, although its s shadow of the number that once did.  Wyoming has a lot of people who do, because of the extractive industries, which are in trouble.  Ironically, therefore, its notable that Wyoming is an epicenter of anti union feelings, when generally those engaged in heavy labor are pro union. There's no good explanation for that.

When Labor Day became a big deal it pitted organized labor against capital, with it being acknowledged by both sides that if things went too far one way or another, it would likely result in a massive labor reaction that would veer towards socialism, or worse, communism.  Real communism has never been a society wide strong movement in the United States, in spite of the current stupid commentary by those on the political far right side of the aisle accusing anyone they don't like, and any program they don't like, of being communistic.  But radical economics did hae influence inside of unions, and communists were a factor in some of them, which was well known. As nobody really wanted what that might mean, compromise gave us the post war economic world of the 50s and 60s, which were sort of a golden age for American economics.

One of the unfortunate byproducts of the Cold War era, however, was the exportation of jobs overseas, which brought us the economic regime we have today, in part.  The advance of technology brought us the other part.  Today we find the American economy is massively dominated by capital in a way it hasn't been for a century, and its not a good thing at all.  The will to do anything about it, or even understand it, seems to be wholly lacking.  As a result of that, while an increasing number of Americans slave away at meaningless jobs in cubicles, and the former shopkeeper class now works at Walmart, we have the absolutely bizarre spectacle of two Titans of Capital, Donald Trump and Elon Musk, spewing out populist rhetoric.  Populism, of course, always gets co-opted, but the working and middle class falling for rhetoric from the extremely wealthy is not only bizarre, its' downright dumb.

Indeed, in the modern American economy, having your own is increasingly difficult.  Entire former occupations that were once local have been totally taken over by large corporations while agriculture has fallen to the rich in terms of land ownership, making entry into either field impossible.  Fewer and fewer "my own" occupations exist, and those that do are under siege.  

One of those is the law, of course.  Lawyers, because of the nature of their work, still tend to own their practices, as to medical professionals of all types. The latter are falling into large corporate entities, however, and the move towards taking down state borders in the practice is causing the consolidation of certain types of practice in the former.

Not that "having your own" in the professions is necessarily a sort of Garden of Eden either, however.

Recently, interestingly, there's been a big movement in which young people are returning to the trades.  That strikes me as a good thing, and perhaps the trades are finally getting the due they deserve.  Ever since World War Two there's been the concept that absolutely everyone had to achieve white collar employment, which demeaned blue collar employment, and which put a lot of people in occupations and jobs they didn't care for.  I suspect the small farm movement reflects that too.

Indeed, on my first day of practicing law as a lawyer over thirty years ago the long time office manager, who must have been having sort of a bad day, made a comment like "you might just end up wishing you had become a farmer".  I remember thinking to myself even then that if that had been an option, that's exactly what I would have become.  It wasn't, and it never has been for me, in the full time occupation sort of way.

Oh well.

And so we lost the garden to labor in, but we can make things better than they are.  And we could do that by taking a much more distributist approach to things.  Which seems nowhere near close to happening, a populist uprising notwithstanding.