General musings

From today’s issue of the Hanover Sun newspaper:

Spot for Lincoln statue sought
By ERIN JAMES
Evening Sun Reporter
Posted: 11/25/2008 08:36:06 AM EST

Anyone got room for a nine-foot-tall statue of Abraham Lincoln?

A Salt Lake City-based sculptor has offered his latest art project to Gettysburg Borough officials on the condition that they find a place for it. And the town’s Borough Council is open to suggestions from the public – though they’ve got a list of potential Lincoln locales already in the works.

At the top of the list are two locations – the Adams County Public Library and Alumni Park, both on Baltimore Street in the borough – that council members Susan Naugle and John Butterfield said they are most strongly considering.

Other potential locations include the Lincoln Train Station on Carlisle Street, the future site of an Adams County Transportation Authority transit center on Carlisle Street, the Gettysburg Presbyterian Church on Baltimore Street and a spot in front of a York Street business.

Lincoln Square was also discussed as a possibility but will likely be dismissed because another Lincoln statue already resides there.

However, Naugle and Butterfield said they would prefer the Baltimore Street locations because of their proximity to other tourist attractions. If those plans move forward, it will be up to the library’s board and the Gettysburg Area School District – which owns Alumni Park – whether the statue could be placed on their properties.

The search for Lincoln locales is not over, however. No decision has been made by the full Borough Council, and Butterfield said officials are open to suggestions from the public about where Stanley Watts’ statue of Lincoln would best serve Gettysburg.

Watts has already begun work on the statue, for which he is using actual casts of Lincoln’s face and hands. The statue will portray Lincoln giving his famous Gettysburg Address, and a copy of the speech will be held in his hand and legible to viewers, Watts has said.

Watts had wanted the statue to be installed before Lincoln’s 200th birthday in February, but council members said that is unlikely to happen. The sculptor’s proposal to Gettysburg officials was made only recently.

Anyone with suggestions on where to place the statue should call borough Secretary Sara Stull at (717) 334-1160, extension 221.

Contact Erin James at ejames@eveningsun.com.

It would appear that the supply of statues of Old Abe outstrips the demand, at least in Gettysburg. Who’da thunk it?

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Last night, I sat raptly glued to the television set from the time that the polls closed at 7:30 until after President-Elect Obama spoke last night. I’ve always enjoyed politics; I was, after all, a political science major. I’ve always enjoyed watching presidential election returns (but it was strange not seeing Tim Russert doing what he so obviously loved so much), but last night was an especially fascinating night.

Last night, history was made. Only 40 years after the assassination of Dr. Martin Luther King, a black man was elected president of the United States. No less than his opponent, Sen. John McCain (whose concession speech was a paragon of class ad dignity, for which he deserves kudos and respect), recognized the historic nature of what had happened. “This is an historic election, and I recognize the special significance it has for African Americans and the special pride that must be theirs tonight,” McCain said.

Perhaps with the election of Barack Obama, the last rifts of the Civil War can finally begin to heal. Or so I hope.

Godspeed, Barack Obama. And Godspeed to John McCain, a man of honor and character who knew how to lose with dignity.

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Tomorrow is election day. Tomorrow will be a truly historic election. We will either elect a black man president for the first time, or we will elect a woman vice president for the first time. Either way, the American political landscape will never be the same again.

Susan and I went and cast our ballots early, three weeks ago. We had no lines, and we stepped right up and did our civic duty. I feel badly for those who will be stuck in long lines tomorrow, but it WILL be worth the trouble.

I don’t care whether you vote for McCain, Barr, Obama, or Nader (well, I actually do, but I’m not going to preach at you about the candidates or tell you who I think you should vote for–that’s not the purpose of this post). Just do it. Go. Do your civic duty and vote. I firmly believe that those who don’t vote have no right to bitch about our political leaders, so please, whatever you do, do NOT put yourself into the category of those with no right to bitch.

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The drought is over!

In their 126th season, the Philadelphia Phillies have won only the second title in the franchise’s history. Ending the weirdest, most bizarre World Series game ever, Brad Lidge threw three hellacious, unhittable sliders and struck out Eric Hinske, ending the World Series and Philadelphia’s 25 year championship drought. I’m thrilled for Charlie Manuel and for 45-year-old Jamie Moyer, who grew up in the Philly suburbs and who played hookey from high school to attend the 1980 victory parade. But most of all, I am thrilled for the long-suffering fans of Philadelphia and for Harry Kalas, who finally got to call another world championship, 28 years later.

There was a certain symmetry to it: 08 is the analog of 80. Lidge ended this World Series just as Tug McGraw ended the 1980 Series–with a strikeout and then bedlam. Lidge wears number 54, while Tug McGraw wore number 45. And Lidge did it with just a little bit of Tug there with him. The night of the first game in Philadelphia, Tug’s son, singer Tim McGraw, brought out the first ball and surreptitiously sprinkled some of his father’s ashes on the pitching mound. Somewhere, Tugger’s Irish eyes are twinkling today. And Richie Ashburn is smiling down on his adopted city. And so is John Vukovich, the long-time third base coach and Phillies fixture, who died of brain cancer in March 2007.

The 100 season (4 sports, 25 seasons) drought is finally over!

Congratulations to my Phillies and congratulations to Philadelphia. Savor every moment.

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Last night’s game 5 of the World Series was the sports equivalent of needing a cold shower. The game started in a fine mist, and the weather steadily and progressively deteriorated as the game went on. By the sixth inning, the field was a soggy mess, and it was unplayable. It was also about 40 degrees, with whipping winds. Consequently, the game was suspended with the score 2-2 at the end of the top of the sixth inning. The weather in Philly is supposed to be just as bad today, if not worse.

The game never should have been started. It was unfair to both teams, and it would have been unfair and unfulfilling for the game to be rain-shortened and for the Phillies to win the World Series that way.

I remain convinced the Commissioner Bud Selig is a complete idiot and that he allowed Fox Sports to push the game into going forward when anyone with the ability to read a weather radar could see that it was bad and would get worse, not better. As Bugs Bunny would say, “what a maroon!”

To say that was frustrating does not do it justice.

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I usually try not to bore you with war stories from the practice of law, and I have, for the most part, succeeded in keeping them out of this blog. I figure that you’re mostly not interested and that reading about my law practice is not what brings you here each day. However, something happened today that I just had to pass along. It’s not often that something leaves me completely flabbergasted and largely speechless, but it happened today.

Background: In the spring of 2007, a lawyer friend called me. His client had been sued, but had blown it off until it was too late. Because he’d been served with process and had not responded to the law suit within the time limits established by the Rules of Civil Procedure, judgment by default was taken against him, and a damages hearing was set. The case involves consumer fraud claims, and by statute, a successful plaintiff can be awarded treble damages and attorney’s fees in such cases. Thus, there was a substantial sum of money at stake. My friend had a scheduling conflict, so he asked me if I would handle this case for his client. I said sure, provided that the client understood that, under the circumstances, there wasn’t going to be a whole lot I could do for him. My friend said he’d explained that to the client, and that the client wanted to dispute the case in spite of the fact that his own negligence had resulted in the default judgment being taken against him.

The client retained me. He signed my fee agreement and paid my retainer. I attended the damages hearing and did the best I could. I managed to knock out some of the requested damages, which was good. However, the court still awarded the plaintiff treble damages and set a hearing to determine the amount of her award of attorney’s fees, as permitted by the statute. I filed a motion to vacate the default judgment. I contested the hearing on attorney’s fees. I did all that I could. Not surprisingly, it was not enough. The court denied the motion to vacate the default judgment, and the damages awards became final. At that point, there was little I could do, so I negotiated a deal with plaintiff’s counsel for my guy to make payments. The client made the first payment and then defaulted on the payment arrangement.

By September, the guy was second-guessing me to the lawyer who had originally referred him to me about the hopelessness of the case that had been royally screwed up by his own negligence in not timely responding to the law suit. That created some tension between me and an old friend whom I’ve known for nearly twenty years, which I most assuredly did not appreciate. Fortunately, after hearing the whole story, my old friend backed me up on this, which finally put an end to the second-guessing. Then, unhappy with a problem of his own creation, he stiffed me on the last $2500 of his bill. I have not heard from him since the end of September of 2007. After it became obvious that he wasn’t going to pay me, I decided to sit on the thing for a year or so and then turn it over for collection. I wrote the obligation off this summer when my computer was stolen.

That now brings you up to speed to today’s events.

This morning, I get a call from the client. Not surprisingly, plaintiff’s counsel had taken action to execute on his judgment and had sent the sheriff out to padlock the guy’s business, which is a sure way to get someone’s attention. The client actually had the gall to call me to ask whether I would help him. And he actually had the nerve to be surprised when I told him that until he pays me what I’ve been owed for the last 13 months, I will not do anything to help him. Supposedly, he’s bringing me money today, but I’ve heard this before from him, and I will believe it when I see it.

“Chutzpah” is one of those very useful and wonderful Yiddish words that has made its way into common usage in the United States. According to The Joy of Yiddish, chutzpah is defined as “gall, brazen nerve, effrontery, incredible ‘guts,’ presumption plus arrogance such as no other word and no other language can do justice to.” This client is the walking, breathing, definition of chutzpah, calling me like that and asking me to help, knowing that he owes me a substantial sum of money after second-guessing me and then refusing to communicate with me or pay me for more than a year. It’s absolutely astonishing.

I’ve been sitting here, just shaking my head in disbelief since that call came in. Unbelievable. Just unbelievable.

UPDATE, 10:30 P.M.: Not surprisingly, the guy didn’t show up with money today, and he at least was smart enough not to call me to ask me for help again. My guess is that until I sue him for the fees he owes me, I’ve heard the last I’m going to hear from this deadbeat. Good riddance.

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They say that all good things must come to an end, and that, unfortunately, includes our vacation. We’re got home from North Carolina last night–it’s a wicked long drive, nearly 700 miles. It rained here while we were gone, and I had two weeks worth of lawn to mow this afternoon after we picked up the dogs from the place where we boarded them while we were gone. So much for vacation…..

The trip was fabulous. I did very little with respect to the Civil War. We visited a few of the handsome monuments erected by Dare County regarding the Burnside Expedition that captured the Outer Banks and to speak to the Outer Banks CWRT on Tuesday night. That went well; I had about 30 people there and it was a good, attentive crowd. Mostly, it was walk on the beach, relax, read, do a bit of writing, and just hang out. We had one bad weather day–it rained on Friday–but most of the week was spectacular weather.

I dread the thought of what will be waiting for me when I get to the office tomorrow….

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A hearty congratulations are in order to the New York Mets for repeating their epic collapse of 2007 again this year. With another fold again this year, the Mets ensured that the spectacular meltdown of their incendiary bullpen means that the season ended for them today. Nice work, guys. Way to blow the season.

In my book, a very good baseball season is one where no New York team makes the playoffs. A great baseball season is one where no New York team makes the playoffs AND the Phillies do. This has been a great baseball season.

For only the 13th time in the history of the team, my Phillies won 90 or more games this year, posting a 92-70 record. Closer Brad Lidge went 41 for 41 in saves, Ryan Howard led the majors in home runs and RBI’s, Chase Utley had a career high in home runs with 33, along with 104 RBI’s, while Jason Werth, who was platooned for much of the season became an everyday player with 24 home runs and 68 RBI’s. The ancient Jamie Moyer, 45 years old, went 16-7 (and could have won 20 with some run support during the middle of the season), while their young star, Cole Hamels, went 15-10, and also easily could have won 20.

So, congratulations to the Phillies for winning the National League East for the second consecutive season. Congratulations to the Mets for a second consecutive epic collapse, and congratulations to the Yankees for once again proving that the highest payroll in the history of sports doesn’t guarantee winning or having the best team.

It’s been a great season. Let’s go Phightin’ Phils!!!!

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Our friend Paul R. Taylor has a really interesting post on his blog setting forth his opinion on what should and should not be included in museum exhibits at Civil War battlefields. Paul’s post sums up my position on this issue perfectly, and I commend it to you.

While I understand the role of slavery in causing the war, I agree with Paul that most folks visit specific battlefields to learn about the events that occurred there. Consequently, I agree that the issue of the causes of the war and of slavery is best left to general Civil War museums and that these issues really have no place on specific battlefields.

Much of this controversy has been brought to the forefront by the ongoing debate about the merits of the new visitor center at the Gettysburg National Military Park. I don’t care for it, for a lot of reasons, some of which have already been elaborated here. I found the museum exhibits especially offputting. One thing that bothered me was the layout and traffic pattern of the museum exhibits; my friend and co-author Mike Nugent quite correctly likened it to herding cattle toward the slaughterhouse when we visited it back in June. I also don’t like the fact that so few of the artifacts from the Rosensteel Collection are on exhibit, and I really don’t like the idea of charging people to see the museum, particularly when the National Park Service sold this boondoggle to the public based on the representation that there would be no charge to see the museum exhibits, just as there was no charge to see the artifacts at the old visitor center.

I know that Kevin Levin has a very different perspective on this issue, and I respect both Kevin and his perspective. However, I respectfully disagree with him on this issue, just as I respectfully disagree with the original legislative mandate that forced the National Park Service to include this material in its interpretation of Civil War battlefields. Instead, I believe that places like the excellent new museum at the Tredegar Works in Richmond, or the National Civil War Museum in Harrisburg, Pennsylvania are really the appropriate places to do this sort of interpretation, as they cover the ENTIRE war and not just a specific battle.

I offer this as food for thought on a controversial but lingering subject.

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The title of the recent book by Marc Leepson, Desperate Engagement: How a Little-Known Civil War Battle Saved Washington, D.C., and Changed American History, clearly states the book’s thesis: that the Battle of Monocacy saved the Federal capital at Washington, D.C. from falling to Jubal Early’s Confederate army. That’s the conventional wisdom, and there’s certainly absolutely nothing new about that interpretation.

I’ve spent a lot of time thinking about this important and fascinating battle, and I have likewise spent a fair amount of time talking about it with old friend Scott Patchan. In fact, Scott deserves a major tip of the hat, as he’s the one who really got me thinking along these lines. Scott’s point is that while the fight by Lew Wallace’s men at Monocacy was valiant, brave, and worthy of praise, it really didn’t save Washington. Scott’s point, which I have come to accept as being correct, is that Monocacy really could not have saved Washington, because Early never really intended to go there and take it.

As Scott points out, Early lingered in front of Harpers Ferry for several days on his way north, and then he likewise dawdled at Martinsburg, Hagerstown, and then Frederick, ransoming each. Had Early been serious about taking Washington, he would have headed straight there without delay, and he would have found the place almost undefended. For one thing, Wallace would not have had Ricketts’ division at Monocacy Junction, and the rest of the Sixth Corps and elements of the Nineteenth Corps would not have arrived in Washington in time to persuade Early not to launch an all-out assault on Fort Stevens on July 12. Instead, the city would have been lightly defended, and Early could have dashed into the city and raised havoc.

The fact that he dawdled suggests that the real intention was to draw Union forces away from Petersburg and not taking the Union capital. Had he entered Washington, Early would not have been able to hold it, so other than the embarrassment and chaos factors, entering Washington would not have gained much for the objectives of the Confederacy, whereas if could draw forces away from Petersburg and enable Robert E. Lee to break the Federal hammerlock there, his foray north of the Potomac River would have had real, tangible benefits for the Confederacy, justifying any casualties, diverted resources, weakening of the Army of Northern Virginia, etc.

Therefore, while I certainly don’t want to take anything away from Wallace’s fine fight at Monocacy–it was a tough, hard fight wherein the severely outnumbered Federals more than held their own against a greatly superior force of Early’s veterans–I have come to the conclusion that Scott is right, and that perhaps saying that Monocacy saved Washington, D. C. overstates the case.

In a comment to this blog, Benjamin Franklin Cooling snidely asked me what I thought I could add to the body of knowledge about Monocacy in light of his work, Fred Ray’s work, and Leepson’s book. There you go, Dr. Cooling: I’m going to argue an analytic outcome that directly contradicts the conventional wisdom.

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