A Veterans Day recollection

“At a time in their lives when their days and nights should have been filled with innocent adventure, love, and the lessons of the workaday world, they were fighting in the most primitive conditions possible across the bloodied landscape of France, Belgium, Italy, Austria, and the coral islands of the Pacific. They answered the call to save the world from the two most powerful and ruthless military machines ever assembled, instruments of conquest in the hands of fascist maniacs. They faced great odds and a late start, but they did not protest. They succeeded on every front. They won the war; they saved the world.”    — Tom Brokaw in “The Greatest Generation

H.A. Mitchell, decorated hero of the Pacific campaign in World War II

My father joined the Army when he was 16. He lied about his age.

He knew what was coming and was there when it came. He was in Pearl City that Sunday morning in 1941 when World War II began.

He spent the rest of the war hopping from island to island with his artillery unit. He said he chose artillery because he wanted to make a lot of noise.

I know he was in the Philippines about the time the survivors of the Death March of Bataan were rescued. The rest is a blur in my memory, though I recall him telling about how they censored letters home lest they fall into enemy hands and give away troop locations — you couldn’t write that the food was “good enough,” because the ship was at Goodenough Island.

He was a decorated hero, but said he refused to wear the Purple Heart so he wouldn’t have to explain exactly where the wound was located.

When he and his war buddies got together they seldom talked about the fighting, only the antics, like climbing on the hood of a truck and stealing eggs out of the back of another truck as it slowly climbed a steep hill.

But one of his friends once let slip that Dad, a bulldozer operator, actually used a bulldozer blade to deflect bullets while rescuing pinned down soldiers.

To hear him and his friends talk, it seemed like they spilled more beer than blood, but somehow still managed to win the war and save the world.

They are the ones Veterans Day is for.

A version of this was first posted in 2012.

Editorial: Bill language should not allow water grab

A growing number of public and private entities are joining a concerted effort to make sure a bill pending before Congress does not inadvertently create a means for Clark County to tap rural groundwater, though Clark County officials protest that is not the intent of the proposal.

According to Great Basin Water Network (GBWN) — a coalition of conservationists, rural officials, tribes and agricultural interests — there are fears that the wording in the proposed Southern Nevada Economic Development and Conservation Act, whether intentional or not, could skirt a federal judge’s ruling blocking a proposed 300-mile right-of-way for a network of water pipelines.

The bulk of the bill, not yet introduced in Congress, proposes freeing up more than 40,000 acres of public land in Clark County for economic development, but two sections at the end of the 21-page bill call for the Interior Department to give the Southern Nevada Water Authority rights-of-way for an electric power line that “shall be subject only to the terms, conditions and stipulations identified in the existing rights-of-way, and shall not be subject to further administrative or judicial review. The right-of-way shall be granted in perpetuity and shall not require the payment of rental fees.” Opponents fear that a right-of-way for a power line could just as easily be used for pipelines.

Two years ago a federal judge ruled that the Bureau of Land Management (BLM) could grant the water agency right-of-way for its network of pipelines to take groundwater beneath White Pine, Lincoln and Nye counties, but first it had to come up with plans to mitigate the potential loss of wildlife habitat due to a draw down of the water table, as is required by the CleanWater Act and the Federal Land Policy and Management Act.

That might prove to be impossible, since federal studies show the interconnected aquifers are already at equilibrium — meaning water that is now being drawn from the aquifers is being replaced gallon for gallon annually with no leeway for additional withdrawal. The water agency proposes to withdraw 84,000 acre-feet of groundwater per year. The project is projected to cost more than $15 billion and could triple water rates in Clark County.

This past week more than a dozen entities joined in opposition to Congress approving the right-of-way proposal. These include several Nevada and Utah counties, three Indian tribes and a number of environmental groups.

“What Clark County is proposing is a pro-pipeline bill,” said Kyle Roerink, executive director of the GBWN. “Elected officials, attorneys, and non-profit organizations that span Nevada, Utah and the region all agree: The SNWA wants the congressional delegation to carry its water by surreptitiously advancing a project that has consistently lost in federal and state courts. The Nevada delegation deserves better than sneaky end-runs masked as technicalities. For now, the name of the bill should be the Great Basin Water Grab Act of 2019.”

A resolution passed by the Duckwater Shosone Tribe warned, “Science has shown that the pipeline would ultimately destroy Bashsahwahbee, killing off Swamp Cedars and drying up the Sacred Water Valley’s springs and aquifers that plant and wildlife currently depend upon.”

A spokesman for the water authority told the Las Vegas newspapers there is no intention to use the right-of-way for anything other than power lines. Though he thought the language was sufficiently clear, he said it has been modified recently. Another official offered that it might be further altered to allay concerns.

Clark County could use the economic development. Changing the language in the bill should satisfy the opposition.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Nevada State Sen. Pete Goicoechea and Kyle Roerink, executive director of the Great Basin Water Network, discuss efforts by Clark County to tap rural groundwater. (Pix by Roger Moellendorf)

 

Newspaper column: Appellate court nominee falsely accused

The confirmation process for federal judicial nominees has turned into a scorched earth battle fueled by character assassination and innuendo coming from faceless, nameless partisan critics who can never be held accountable.

This was evident once again this past week as former Nevada Solicitor General Lawrence VanDyke, who has been nominated for a seat on the 9th U.S. Circuit Court of Appeals by President Trump, was excoriated and maligned by Democrats on the Senate Judiciary Committee hell bent to derail his confirmation.

The committee members were aided and abetted by the left-wing lawyers at the American Bar Association, which rated VanDyke “not qualified” based on 60 anonymous interviews with lawyers and judges. The scathing ABA letter accused VanDyke of being arrogant, lazy and an ideologue, questioning whether he would be fair to members of the “the LGBTQ community.”

The letter said, “Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.”

VanDyke uncategorically denied this, telling senators, “No, I did not say that. I do not believe that,” adding that he would “absolutely” commit to treating everyone with dignity and respect.

The letter did not deign to mention the ABA chief evaluator was a Montana trial lawyer who had contributed to VanDyke’s opponent when he ran for a seat on the Montana Supreme Court in 2014. Bias?

As solicitor general VanDyke worked in the office of then-Attorney General Adam Laxalt, who in a recent interview bristled at the baseless allegations thrown at VanDyke.

Laxalt countered, “He is the most humble, hardworking, intelligent lawyer we could possibly have nominated for this seat. He is tremendous in every way, both personally and professionally. He is a great human being and his legal acumen was unprecedented in our 400-person office.”

Of the accusation that VanDyke refused to say he would be fair to everyone appearing before him, Laxalt seethed, “It makes no sense that, as she says in that letter, that she asked whether he would basically discriminate against this group and he refused to answer. That doesn’t make any sense. That’s impossible. Of course, we don’t know the notes. We don’t know the question. We don’t know the context, but there is no way he would not affirm that he would treat all persons fairly under the law.”

Ironically, the former attorney general noted, it is the other side that lets their personal opinions and philosophy dictate their written opinions rather than legal precedent and the law, noting that 90 percent of lawyers coming out of law school today are liberals.

As for VanDyke’s qualifications, Laxalt said he has practiced before the 9th Circuit and the Nevada Supreme Court more than any nominee he is aware of. Of the cases handled by VanDyke, Laxalt said his agency almost never lost.

VanDyke has successfully challenged the Obama administration’s overtime and “waters of the U.S.” rules, as well as DACA, overly restrictive land use plans to protect sage grouse and cases involving religious rights.

“I’m telling you 1,000 percent that he is a humble, brilliant, hardworking man. I think those three in a string because obviously they said the exact opposite, that he was lazy, lacks humility, et cetera, but he is the polar opposite,” Laxalt said. “If you sat down with this guy you’d walk away … I always call him the gentle giant. He is 6-7 and he is the most non-imposing, kind, seriously sweet 6-foot-7 man you’ll ever meet.”

Laxalt predicts, “Lawrence VanDyke will be confirmed to the 9th Circuit. I am not concerned, and the Republican senators that I have spoken to on Judiciary were appalled by this. They were incredibly upset and there’s no movement on his nomination. People are going to support him and he will be confirmed. We can expect everything on the planet to be attempted in a (Brett) Kavanaugh-like smear. I mean a non-me-too-like Kavanaugh smear. They’re going to do everything they can to kill this guy.”

It is all about power, Laxalt said, noting that Trump’s two recent 9th Circuit picks would change the court from being very liberal to being more conservative.

According to Ballotpedia, an ABA “not qualified” rating is not necessarily an impediment. Of 21 nominees thus rated since 1989, 13 were confirmed, six withdrew and two are pending, including VanDyke.

Both of Nevada’s Democratic senators, Catherine Cortez Masto and Jacky Rosen, appeared on the Senate floor to oppose VanDyke’s nomination, saying he is unqualified, but really meaning that he doesn’t fit their ideological mold.

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.

Lawrence VanDyke before Senate Judiciary Committee.

Stick a sock in it!

Thank goodness we don’t live in a democracy.

A recent survey by the Campaign for Free Speech found that fully 51 percent of voting-aged Americans agree that the First Amendment goes too far in allowing hate speech and should be updated to reflect the current culture of supercilious sensitivity. Only 42 percent disagreed and only 24 percent strongly disagreed. Sadly, of those aged 18-34 fully 59 percent agreed.

Adding insult to injury, 57 percent agreed that the government should be able to take action against newspapers and TV stations that publish content that is biased, inflammatory, or false. Only 35 percent disagreed. Again, 63 percent of those aged 18-34 agreed.

And a vast majority don’t really understand what the First Amendment really means for free speech. That’s because 79 percent agreed with this statement: “The First Amendment allows anyone to say their opinion no matter what, and they are protected by law from any consequences of saying those thoughts or opinions.” No, government can’t do anything about your free speech, but you can be fired, ostracized, kicked out of clubs, churches and schools. There are consequences.

Further, 48 percent think hate speech should be against the law, compared to only 31 percent who disagree and an amazing 21 percent who don’t know. Of those who agree hate speech should be illegal, 54 percent think the punishment should include possible jail time.

Unfortunately, responses were not broken down by political party.

James Madison on democracies:

A pure Democracy, by which I mean a Society consisting of a small number of citizens, who assemble and administer the Government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of Government itself; and there is nothing to check the inducements to sacrifice the weaker party, or an obnoxious individual. Hence it is, that such Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have in general been as short in their lives, as they have been violent in their deaths.

 

 

 

Editorial: Public workers should not be bound by union contracts

In June of 2018 the U.S. Supreme Court in Janus v. American Federation of State, County, and Municipal Employees ruled 5-4 that it is unconstitutional to require public-sector employees to pay union dues, saying they have a fundamental First Amendment right to not be compelled to support union systems states and local governments adopt.

The court thus overruled a 1997 decision that said public employees who declined to join a union still could be required to pay a fee to cover only the cost of collective bargaining that determined their pay and benefits, but not be required to pay dues that covered other expenses such as political activity.

But Nevada law makes unions the “exclusive bargaining agents” for all the government employees covered by the designated union. While the public employee may now opt out of paying dues, his or her pay and benefits are determined by the union contract.

Until the legislative session earlier this year, only local governments were required to bargain with unions. Senate Bill 135 now gives state public workers the right to unionize. Not a single Republican voted for SB135, only union-backed Democrats. Democratic Gov. Steve Sisolak signed the bill into law even though a study commissioned by the Las Vegas Metro Chamber of Commerce estimated unionization of state workers could in two decades increase costs as much as $1.75 billion a year in inflation-adjusted dollars. The entire current general fund budget amounts to about $4 billion a year.

As Michael Schaus, the communications director of the Nevada Policy Research Institute, points out in a recent article even those public workers who decline to join a union and pay dues are still bound by whatever contract the union negotiates, denying them the freedom to represent themselves.

“Take for example an employee who already has adequate health insurance offered through her spouse’s job,” Schaus writes. “Shouldn’t she be able to ask her government employer for a small increase in pay in exchange for refusing health coverage? Or maybe another worker would rather have a few more vacation days than a scheduled pay raise — should he not have the right, as most workers have in the private sector, to work out a compromise with his employer?”

Schaus notes this leaves the union member feeling shortchanged because the non-dues-paying worker gets the benefit of the negotiated contract, while the non-union members are denied the right to negotiate for their own best interests.

His solution? Workers’ Choice — a policy allowing workers to opt-out of the union entirely and negotiate based upon their own needs and desires.

“Additionally, this monopoly power granted to unions goes even further in damaging the rights of workers to freely associate (or dissociate) with a union,” argues Schaus. “It prohibits the ability for workers to seek out any alternative representation, giving the controlling union virtually no market incentives to increase the value members receive from their dues.”

Nevada lawmakers could easily rectify this problem by excising the language in the law giving government unions “exclusive” bargaining rights.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: How and why Nevada became the 36th state

This week Nevadans celebrate Nevada’s entry into the Union as a state on Oct. 31, 1864 — 155 years ago.

Not only was Nevada “Battle Born,” as the flag proclaims, it was battle bred and born after a remarkably short gestation during the Civil War.

With Southern states seceding from the Union, in March 1861 President James Buchanan designated the western portion of the Utah territory as the Nevada territory. Though the Nevada population boomed with the gold and silver booms of the Comstock Lode and other finds, by 1864 its population was still only about 30,000, just half of the required 60,000 for statehood and well short of the 100,000 that each member of the House at the time represented.

Nevada became a state for the most compelling of reasons. Abraham Lincoln, the first Republican president, needed the votes in the election that occurred eight days after he declared Nevada the 36th state.

According to retired Nevada State Archivist Guy Rocha, Nevada’s votes were needed to re-elect Lincoln and build support for his reconstruction policies, including the 13th Amendment abolishing slavery.

The president then carried 60 percent of the Nevada vote and easily won re-election.

The new state’s motto — “All for Our Country” — and its Constitution reflect the Battle Born nature of the times and divided country. The Constitution states, “The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.”

Nevada not only ratified the 13th Amendment, as well as the 14th Amendment, which guarantees due process and equal protection under law, but Nevada Sen. William M. Stewart played a key role in the drafting of the 15th Amendment stating the “right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”

After the territory was created, Lincoln promptly appointed party loyalists to fill offices. James Nye of New York was appointed governor and Orion Clemens became secretary, bringing along his younger brother Samuel to be an assistant.

Nye had campaigned for Lincoln in the previous election. Orion Clemens had studied in the St. Louis law office of Edward Bates, who became Lincoln’s attorney general.

The younger Clemens brother later adopted the pen name Mark Twain for his dispatches from Carson City to the Territorial Enterprise in Virginia City.

In a somewhat ironic turn of events, one of the first acts of the newly elected territorial legislature was to declare gambling illegal. According to Russell Elliott’s “History of Nevada,” Gov. Nye delivered an impassioned appeal to lawmakers: “I particularly recommend that you pass stringent laws to prevent gambling. It holds all the seductive vices extent, I regard that of gambling as the worst. It holds out allurement hard to be resisted. It captivates and ensnares the young, blunts all the moral sensibilities and ends in utter ruin.”

The law carried a fine of $500 and two years in jail.

While the lawmakers for the territory were outlawing what would one day generate more wealth than all the gold and silver mines, they also were still dithering over what name the future state would bear. At one point the legislature approved an act “to frame a Constitution and State Government for the State of Washoe.” The names of Humboldt and Esmeralda also were bandied about until Nevada won out.

The original territory created in 1861 was added to in 1862 and 1866 by slicing off vertical chunks of western Utah. In 1867 the southern-most part of the state, now mostly Clark County, was added by taking the westernmost reaches of the Arizona Territory. Until 1909, Clark County was a part of Lincoln County.

The New York Herald published a glowing account of Nevada’s admission as a state, predicting: “There can be no doubt that the future of the new State will be as propitious as its beginning. With so much available wealth in its bosom, it is natural that it must attract intelligent and enterprising people to go and settle there.”

Intelligent and enterprising people, indeed.

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.

A little ‘refer’ would not be madness … no, not that kind

Were I the editor of the morning paper, I would’ve been sorely tempted to insert a “refer” in the 4A story about Senate Minority Leader Chuck Schumer calling  for nearly half a trillion dollars in subsidies to replace internal combustion engine vehicles with electric ones.

No, not that kind. In the newspaper biz a “refer” is a reference to another section or page on a related topic — like the one on today’s front page directing readers to a story inside related to the one about the dental board.

The Schumer news story simply cried out for a reference to today’s lede editorial about the futility of trying to reduce carbon emissions by coercing and bribing more people into electric cars.

The news story by the AP quotes Schumer as saying the “proposal to bring clean cars to all of America” would be a key part of climate legislation by Senate Democrats that “could position the U.S. to lead the world in clean auto manufacturing.”

The editorial on the other hand points out the huge carbon footprint created by the manufacturing of lithium-ion batteries and the fact the electric cars are charged largely by fossil-fuel-burning power plants.

The editorial correctly explains the error of the Senate Democrats’ ways:

The lithium batteries that power electric cars have to come from somewhere. China produces 60 percent of the world’s supply, notwithstanding Northern Nevada’s Tesla plant. To produce a battery able to store as much energy as is contained in a barrel of oil, it requires the equivalent of 100 barrels of oil. That’s according to Manhattan Institute senior fellow Mark P. Mills.

“Importing batteries manufactured on Asia’s coal-heavy grid means that consumers are just exporting carbon-dioxide emissions,” Mr. Mills wrote recently in City Journal.

The Wall Street Journal reported in April on a German study finding that, given the country’s energy makeup, “the carbon emissions of battery-electric vehicles there, are, in the best case, ‘slightly higher than those of a diesel engine.’ ”

The carbon emissions don’t stop once the car is produced. Electric cars are charged on the grid. Coal and natural gas — both fossil fuels — produced 63 percent of that power in 2018. Almost 20 percent comes from nuclear power and 7 percent is from hydropower. Despite decades of hype and subsidies, wind and solar produced just a bit more than 8 percent. Solar and wind generation will likely increase in the coming decades, but absent an embrace of nuclear power, fossil fuels will be necessary to balance out the grid.

The factual opinion piece concludes by pointing out that electric cars merely exchange carbon emissions you can see for those you can’t — something the climate alarmists fail to grasp.

But since news and opinion are to be kept at arm’s length, I probably would have resisted inserting the “refer,” though it would’ve been a service to the reader and hardly madness.

Electric vehicle being charged. Photo accompanies R-J editorial online. (R-J file pix)