Does anybody really know what time it is?

It is time to cast off our chains and free ourselves from slavery to the clock.

On Sunday morning we are required to spring our clocks forward an hour, if we wish to remain in synch with the rest of the nation, get to church and work on time and tune in at the proper time to our favorite radio and TV programs.

Mankind once worked from can till cain’t, as my ol’ grandpappy used to say — from the time you can see till the time you can’t — and farmers and ranchers such as grandpappy still do. But to make the trains run on time, we strapped ourselves to the clock, even though the clock is uniform and doesn’t change when the amount of daylight does.

Ol’ Ben Franklin, while serving as ambassador in France, accidentally figured out that this out-of-synch arrangement was somewhat uneconomical when he mistakenly arose one day at 6 a.m. instead of noon and discovered the sun was shining through his window. “I love economy exceedingly,” he jested, and proceeded to explain in a letter to a local newspaper how many candles and how much lamp oil could be saved by adjusting the city’s lifestyle to the proclivities of the sun.

Franklin observed:

“This event has given rise in my mind to several serious and important reflections. I considered that, if I had not been awakened so early in the morning, I should have slept six hours longer by the light of the sun, and in exchange have lived six hours the following night by candle-light; and, the latter being a much more expensive light than the former, my love of economy induced me to muster up what little arithmetic I was master of, and to make some calculations, which I shall give you, after observing that utility is, in my opinion the test of value in matters of invention, and that a discovery which can be applied to no use, or is not good for something, is good for nothing.”

Then he did the math, and exclaimed, “An immense sum! that the city of Paris might save every year, by the economy of using sunshine instead of candles.”

Thus, in 1918 in a effort to be more economical during the war, Congress borrowed from Europe the concept of daylight saving time — springing clocks forward during the summer and back in the winter. From shortly after Pearl Harbor until the end of the Second World War, the nation was on year-round daylight saving time, or war time, as it was called.

National Geographic photo

Moving the clock forward in summer might well save a few kilowatt-hours in lighting, but in states like Nevada that savings is more than made up for with increased air conditioning costs and the fuel used to drive about more after getting off work.

One study found that springing forward causes enough sleep deprivation to cost the U.S. economy $435 million a year. The New England Journal of Medicine found an association between that one hour loss of sleep from daylight saving time and an increase in car accidents, as well as a 5 percent increase in heart attacks in the first three weekdays after the transition to daylight saving time, while an Australian study found an increase in the suicide rate.

In a probably futile gesture to end the charade, the state Legislature a couple of years ago passed Assembly Joint Resolution No. 4 that proposes to make Pacific Daylight Saving Time year-round.

“WHEREAS, Congress also found and declared that ‘the use of year-round daylight saving time could have other beneficial effects on the public interest, including the reduction of crime, improved traffic safety, more daylight outdoor playtime for children and youth of our Nation, [and] greater utilization of parks and recreation areas …’” AJR4 reads in part, also noting possible “expanded economic opportunity through extension of daylight hours to peak shopping hour. ”

It passed both the Assembly and Senate and was enrolled by the Secretary of State.

Changing to year-round daylight saving time might not save electricity, but it could increase productivity and prevent car wrecks.

Alas, as with everything else, the power to fix this lies in Washington, though I can’t seem to find this enumerated power in my copy of the Constitution. Perhaps it is outdated.

In another glaring example of the efficiency and sincerity of our elected officials, AJR4 passed, the morning newspaper reported that no one in Washington had ever heard of AJR4.

AJR4 concludes by beseeching Congress to amend The Emergency Daylight Saving Time Energy Conservation Act of 1973 and allow each state to opt out, the same as Arizona and Hawaii have opted out, but rather than sticking with standard time, AJR4 would adopt Pacific Daylight Savings Time all year. Why should it get dark at 4:30 p.m. in the winter anyway?

Get used to it. Washington is in another century, much less a different time zone.

Versions of this tome have been posted since 2015.

Newspaper column: This big piggy goes oink, oink, oink

The libertarian-leaning Nevada Policy Research Institute has published this year’s edition of its popular “The Nevada Piggy Book” — a collection of anecdotes illustrating the tendencies of state and local governments to lavishly overspend our money on inefficient and even counterproductive endeavors.

The introduction reaches the dismal conclusion that waste is endemic to government. While you and I watch our spending closely, not so with bureaucracies. “In fact, when agencies blow through their budgets, odds actually increase that politicians, in years to follow, will award them ever larger sums of tax dollars!” NPRI relates.

Take for example the decision by the Nevada Department of Transportation to award a bid of $529,000 to construct federally-approved fencing along a 37-mile stretch of U.S. 95 north of Las Vegas to keep endangered Mojave Desert Tortoises from crossing the highway and too frequently meeting their demise beneath the wheels of speeding vehicles.

But when the project was completed the U.S. Fish and Wildlife Service determined the fencing failed to meet federal standards — which called for the tortoise fencing to be at least two feet above the ground and one foot below. Some sections of the fence were no more than 8 inches above the ground and as little as 4 inches deep.

The 28-page Piggy Book reported, “Nevada taxpayers alone were forced to cover the $736,000 required to remove the existing, inadequate fencing and replace it with new fencing in line with federal regulations.”

But that’s just the beginning of this tale of waste and woe. NPRI relates that a 2017 study by researchers at the University of California, Davis said that “tortoises that haven’t adjusted to the fencing pace along them, and sometimes overheat and die.” So much for saving tortoises from becoming roadkill.

Fencing wasn’t the only problem.

It turns out, according to the Piggy Book, that a series of culverts under the highway — intended to be tortoise passages and costing $320,000 — had faulty drainage that resulted in, you guessed it, more tortoise deaths.

“Like the tortoise fencing, these culverts will also need to be reengineered and replaced,” NPRI recounts. “As of this writing, it is unclear how much all these repairs will cost, but it seems likely that state — not federal — taxpayers will be responsible for paying the bill.”

Then there is the issue of the state shelling out overtime to unionized prison correctional officers. It turns out overtime is not calculated the same way in government as in the private sector where one must work more than 40 hours to earn overtime pay.

For some government workers overtime is calculated using time “paid” instead of time worked. Paid leave — such as vacation or sick days — count toward overtime eligibility. “In other words, even if an employee took vacation time for Monday, Tuesday and Wednesday, they would still be eligible to receive overtime if they ended up working Thursday, Friday and Saturday,” NPRI explains.

For example, corrections officer Jimmy Jones received $117,551 in overtime pay on top of his $56,720 salary in one year, while corrections officer Stewart Boyer was paid $74,560 in overtime on top of his $33,496 base salary.

“In total, 19 state correctional officers received OT pay that exceeded their base salary, while 135 received OT pay that was at least 50 percent of their regular salary,” NPRI’s analysis found.

That’s just two examples.

“The examples in this book might be merely the tip of a government-spending iceberg in Nevada — but they are powerful reminders of how important it is for the public to see what, exactly, government is doing with all those never-ending tax increases,” the Piggy Book concludes. “Many of the very same government agencies that are routinely found to be wasting tax dollars also go to great lengths to keep the public in the dark when it comes to spending.”

NPRI describes itself as a non-partisan, free-market think tank that promotes public-policy ideas consistent with the principles of free enterprise, individual liberty and limited, accountable and constitutional government. If only the people we elect to represent us in Carson City and our local governing bodies would pay attention, we might have a little less waste and get to keep more of our money.

The Nevada Piggy Book can be found online at: https://www.npri.org.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Being ‘green’ is easy, ignore facts

If you thought the “green movement” was more about self-righteous politics than clear-headed science, here are two tales that prove the point.

In Arizona a petition is being circulated in an effort to get on the ballot an initiative called the Clean Energy for a Healthy Arizona Amendment. This would require 50 percent of the electricity generated in the state to come from renewable sources by 2030.

The petition states: “The Amendment defines renewable energy sources to include solar, wind, small-scale hydropower, and other sources that are replaced rapidly by a natural, ongoing process (excluding nuclear or fossil fuel). Distributed renewable energy sources, like rooftop solar, must comprise at least 10% of utilities’ annual retail sales of electricity by 2030.”

To get on the November ballot petitioners must gather nearly 226,000 signatures by July 5.

If the measure passes it would necessitate the closure of the Palo Verde Nuclear Generating Station west of Phoenix, which currently provides about 35 percent of the state’s electricity, even though it produces no carbon emissions.

If the state were to achieve the goal of 50 percent of its power coming from mostly solar and wind, both of which are intermittent, there would be no room on the grid for Palo Verde’s power, because reactors can’t be quickly turned off and on — it takes weeks of preparation.

“We would have to shut Palo Verde down during the day every day,” one plant official was quoted as saying by Cronkite News. “But that’s not how nuclear plants really work. Nuclear plants can’t just be shut down and then started up again.”

The most likely source of rapid start-up generation would be natural gas, which produces carbon emissions, especially when frequently idling.

Adding wind and solar to the power grid could increase the carbon dioxide output.

Retired electrical engineer Kent Hawkins wrote in February 2010 that “the introduction of wind power into an electricity system increases the fossil fuel consumption and CO2 emissions beyond levels that would have occurred using efficient gas plants alone as the providers of electricity equivalent” to the wind generated power.

This is because every kilowatt-hour of intermittent electricity introduced into the grid must be backed up by a reliable fossil-fuel generator. When the wind doesn’t blow and the sun doesn’t shine, the demand for electricity remains.

Starting and stopping natural gas-fired generators is inefficient, comparable to operating a car in stop and go traffic instead of steady and efficient on the open highway. Just like the car, the fuel consumption can double, along with the carbon emissions, negating any presumed carbon savings by using solar or wind.

Opponents of the measure say it will drive up power bills in the state. Proponents argue long-term benefits of solar power and reducing nuclear waste offset any immediate cost spike.

Meanwhile, in New York Gov. Andrew Cuomo has announced plans to build $6 billion worth of offshore wind turbines while shutting down the nuclear-powered, emission-free Indian Point Energy Center in Buchanan, N.Y.

Robert Bryce, a senior fellow at the Manhattan Institute, explained in an op-ed in The Wall Street Journal that the wind turbines will produce only 60 percent as much power as the nuclear plant being closed.

How will this gap be covered? You guessed it, natural gas.

“The irony here is colossal. Mr. Cuomo, who banned hydraulic fracturing despite the economic boon it has created in neighboring Pennsylvania, and who has repeatedly blocked construction of pipelines, is making New York even more dependent on natural gas, which will increase its carbon emissions,” Bryce writes. “At the same time, he has mandated offshore wind projects that will force New Yorkers to pay more for their electricity, even though the state already has some of the nation’s highest electricity prices.”

This past week NV Energy announced plans to contract to build six new solar power projects at a cost of $2 billion and double the state’s renewable energy capacity, but only if voters reject the Energy Choice Initiative on the November ballot that would end the company’s monopoly in most of the state and allow competition. No mention was made of how this might impact power bills.

In all three states emissions would likely increase, as well as power bills.

Being green is a state of mind. Just never let the facts get in the way.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Palo Vere nuclear plant

Familiar writer tries his hand at poetry and shows his hand


It is a thin tome,

Just 44 pages

Of 17 themed poems

Devoted to a road trip

To find love and commitment.

 

Devoured it in one sitting

With a plate of leftovers

And a goblet of Rioja.

A satisfying repast.

 

It is “Card Trick

By longtime Nevada writer,

Philosopher, commentator

And humorist John L. Smith.

 

John puts his heart on his sleeve,

Sticks it out the driver-side window

Of his high-milage Subaru

And sallies forth,

So to speak.

 

This is no platonic tonic.

While there are pecks on the cheeks

There are also ruffled sheets —

From Tonopah to Kingman,

From Santa Fe to Baltimore,

From Chloride to Goldfield.

 

Names, places and events

All sound quite authentic.

His canvass is splattered

With verbal impressionism

With dollops of winks and nods,

Elbows to the ribs

And a groaner or a dozen.

 

Like: “it’s not the roses that I love.

“If you’re searching for symbols,

“remember that bunch come April

“after the final snow melt,

“and know that spring hopes eternal.”

 

Like the actor who said

His face was like five miles

Of bad Irish country roads,

John says his is straight

From Rand McNally.

He exaggerates … a bit.

 

He hears songbirds sing.

He smells the sent of lilacs.

He feels “carnivorous tenderness.”

He drinks from the hose

And tastes the salad days.

 

He finds not just affection

But a blonde bond

With a lady who, too,

Is of the writerly persuasion.

Longtime Nevadans can and will

Unlock the secret from his hints.

 

It is no card trick, John.

Just shuffle the deck

And shuffle again

Until at last

You draw a pat hand.

 

Plug in “Card Trick” on Amazon,

Pony up $2.99 for Kindle

Or $6.99 for paperback

Plus shipping, of course.

 

Perhaps it will inspire you

To keep dealing the cards

Until you are dealt a pat hand, too.

Or to better appreciate the hand

You’ve already been dealt.

A little difference of opinions over covering the news

On his contribution-financed news website, The Nevada Independent, editor Jon Ralston posted a commentary, under the headline “Cutting off The Indy spites the public we serve,” this week complaining about public officials refusing to talk to his reporters — specifically state Senate Minority Leader Michael Roberson, Attorney General Adam Laxalt and U.S. Sen. Dean Heller.

The piece quoted a Roberson aide as texting a reporter: “Senator Roberson only provides commentary to reputable news outlets. He does not consider The Nevada Independent as such.”

At one point Ralston suggested that elected officials refusing to talk to certain reporters was tantamount to violating public records laws.

He proclaimed:

“This is not about me or our team of journalists whining about access. This is about public officials, staffers, and agencies depriving the public of important information, context and nuance. They are not hurting me or The Indy. They are sullying the civic fabric by preventing access to information that drives essential public dialogue.

“Finally, a word on a laughable claim. Roberson, Laxalt and Heller have whispered that I am a Democratic partisan. Not only is that not so, but it is low to insinuate and patently false to say that any of our news stories have a partisan slant. Indeed, anyone who knows any of our reporters knows none of them would stand for me trying to inject my bias into their stories, even if I tried, which I never have and never would.”

 

In the online-no-love-lost-between-rivals there came a couple of rejoinders.

Victor Joecks, a conservative Review-Journal columnist, responded on Twitter with this critique: “Free advice: Conflating a govt official not responding to a reporter’s request for comment with a govt official not answering a public information request is one of the reasons folks think you’re a hack and just out to smear them.”

But conservative blogger Chuck Muth unleashed a 1,200-word diatribe that had to leave a welt.

Muth pointed that two days earlier Ralston had penned a screed in which he outlined the standards The Nevada Independent would use to cover elections. Ralston said that “there is no public benefit in covering candidates who have clearly demonstrated they are unfit for public office or who have zero chance of getting elected no matter what coverage they get.”

To which Muth replied, “In short, Blogger Jon will subjectively decide who is a credible candidate worthy of attention and who isn’t.”

Muth twisted the knife:

It seems a number of candidates and elected officials don’t consider the Ralston Rag to be a credible news organization and have been refusing to give his newsblog the time of day.

Indeed, Senate Minority Leader Michael Roberson is quoted as saying he only “provides commentary to reputable news outlets” and “does not consider The Nevada Independent as such.”

In other words, Roberson is treating Ralston the exact same way Ralston, just two days earlier, announced he’ll be treating certain candidates based on credibility.  Shoe on the other foot.  Sauce for the goose.

Ralston went on to spew forth his venom at Nevada Attorney General Adam Laxalt and U.S. Sen. Dean Heller for also blowing off interview requests from the Ralston Rag, whining that such blacklisting “is not just puerile (Jon loves to use fancy words to appear smarter than everyone else); it’s unethical and unconscionable.”

Newspaper column: Police should not seize property without a conviction

President Trump’s Attorney General Jeff Sessions has a reputation as a law-and-order guy, but the plan he announced this past week to step up civil asset forfeiture efforts skirts the law and jeopardizes order.

The plan is to reverse an Obama administration policy that restricted how often federal agencies would accept property — cash, vehicles, homes, airplanes — seized by local police agencies under suspicion it was used to perpetrate a crime such as drug dealing. That seized property is sold and the local police get 80 percent of the profits to spend as they see fit. This is called “equitable sharing.”

Sessions rationalized his policy change by saying “civil asset forfeiture is a key tool that helps law enforcement defund organized crime, take back ill-gotten gains, and prevent new crimes from being committed, and it weakens the criminals and the cartels. Even more importantly, it helps return property to the victims of crime. Civil asset forfeiture takes the material support of the criminals and instead makes it the material support of law enforcement, funding priorities like new vehicles, bulletproof vests, opioid overdose reversal kits, and better training.”

Often property is seized and no one is ever convicted of an actual crime. The owner of the cash or property essentially must prove themselves innocent in a civil court.

In a 2010 report called “Policing for Profit: The Abuse of Civil Asset Forfeiture,” the Institute for Justice (IJ) noted that the practice provides an incentive for local police to seize property to boost their budgets.

Humboldt County deputy seized cash.

Sessions’ revised seizure policy allows local agencies to skirt state laws that restrict civil asset forfeitures. In 2014, the Justice Department reported $4.5 billion in asset forfeiture revenue.

In this past session of the Nevada Legislature Sen. Don Gustavson of Sparks filed a bill that would have required proof of a criminal conviction, a plea agreement or an agreement by the parties concerned before property could be forfeited. The bill died without a vote.

“Nevada forfeiture law provides paltry protection for property owners from wrongful forfeitures,” the IJ reports. “The government may seize your property and keep it upon a showing of clear and convincing evidence, a higher standard than many states but still lower than the criminal standard of beyond a reasonable doubt. But the burden falls on you to prove that you are an innocent owner by showing that the act giving rise to the forfeiture was done without your knowledge, consent or willful blindness. Further, law enforcement keeps 100 percent of the revenue raised from the sale of forfeited property.”

Still, Nevada local law enforcement often engages in “equitable sharing” with federal agencies, according to IJ, which resulted in $21 million accruing to the local agencies over a decade.

There have been a number of instances in Nevada in which property was seized without anyone ever being charged with a crime.

In January 2013 police seized $167,000 from a man driving a motor home westbound along Interstate 80 in Elko County. A judge just recently ordered the money returned.

Over a two-year period Humboldt County deputies seized $180,000 in cash from motorists. One deputy was caught on tape telling a tourist, “You’ll burn it up in attorney fees before we give it back to you.”

The U.S. attorney’s office in Las Vegas demanded a local woman forfeit the $76,667 in salary she earned while running an office for her brother, who was later convicted of mortgage fraud. The sister was never charged. A federal judge called the forfeiture effort “the most egregious miscarriage of justice I have experienced in more than twenty years on the bench.”

This happened though the Fifth Amendment provides: “No person shall be … deprived of life, liberty, or property, without due process of law …”

In his policy announcement Sessions admitted there can be problems with asset forfeitures, but he promised to “protect the rights of the people we serve. Law-abiding people whose property is used without their knowledge or without their consent should not be punished because of crimes that others have committed.”

That promise hardly constitutes “due process of law.”

Congress should rein in this abuse-prone practice.

In fact, Republican Sen. Rand Paul of Kentucky and Rep. Tim Walberg of Michigan have reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act.

“The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process,” Paul said, “while maintaining the ability of courts to order the surrender of proceeds of crime.”

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Bundy case judge trying to prevent jury nullification

The retrial of four defendants in the 2014 Bunkerville standoff at the Bundy ranch got underway this past week in Las Vegas, and this time the prosecution and the judge seem determined to avoid another mistrial due to a hung jury by eviscerating defense arguments.

Federal Judge Gloria Navarro granted a prosecution motion to bar presentation of evidence “supporting jury nullification.”

In April, the first of three scheduled trials for the 17 Bunkerville defendants — charged with obstruction of justice, conspiracy, extortion, assault and impeding federal officers — ended in a mistrial. The jury found only two of six people on trial guilty of some charges but deadlocked on the others.

The standoff occurred after heavily armed Bureau of Land Management agents attempted to confiscate Bundy’s cattle after he had refused for 20 years to pay grazing fees. Faced with armed protesters the agents eventually released the cattle.

Two more trials are pending, with Cliven Bundy and his four sons scheduled to be the last. Most defendants have been jailed without bail for a year and half.

In mid-June the prosecution filed a motion asking the judge to bar the jurors in the retrial from hearing certain so-called state of mind arguments — arguments that the defendants felt justified to show up and protest because of “perceived government misconduct” due to excessive use of force by law enforcement and that they were simply exercising their First and Second Amendment rights.

The defense will not be allowed to mention the tasering by law enforcement of one of Bundy’s sons and the wrestling to the ground of one of his sisters.

The judge said the reasons the defendants went to Bunkerville are not relevant to the charge, but she will allow prosecutors to introduce testimony about the four men’s associations with militia groups.

“The Court also rejected Defendants’ proposed instructions on the First and Second Amendment because they are not legally cognizable defenses, or in other words, the law does not recognize these Amendments as legal defenses to the crimes charged,” Navarro wrote, though the Bill of Rights were added to the Constitution to spell out natural rights that Congress must not trammel with its laws.

The First Amendment bars Congress from making laws abridging free speech and peaceful assembly, while the Second states the right to keep and bear arms may not be infringed.

But apparently those are not defenses against laws prohibiting behavior that causes federal officers to feel threatened.

Navarro concluded, “The Court will not permit argument, evidence, or testimony regarding Defendants’ beliefs about the constitution as such beliefs are irrelevant and a possible jury nullification attempt.”

The judge quoted a 9th U.S. Circuit Court of Appeals ruling, “Jury nullification occurs when a jury acquits a defendant, even though the government proved guilt beyond a reasonable doubt.” And you thought jurors made that determination.

The concept of jury nullification dates to colonial days and is widely taught in journalism schools, because it involved printer John Peter Zinger who was indicted for criminal libel against the colonial governor and tried in 1735. His attorney Andrew Hamilton offered as a defense that what was printed was true, even though under the law truth was not a defense but rather a confirmation of guilt.

The judge at Zenger’s trial ruled that Hamilton could not present evidence as to the truth of the printed statements.

In his closing argument Hamilton declared, “It is the cause of liberty … and by an impartial and uncorrupt verdict have laid a noble foundation for securing to ourselves, our posterity, and our neighbors, that to which nature and the laws of our country have given us a right to liberty of both exposing and opposing arbitrary power (in these parts of the world at least) by speaking and writing truth.”

The jury quickly returned with a verdict of not guilty.

In 1794, Chief Justice John Jay said to jurors in a rare Supreme Court jury trial, “It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”

Did jurors in the first trial nullify the law or merely find the law was misapplied?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Protests outside courthouse. (R-J pix)