Wildlife refuge photos, early January 2016

January 5, 2016

National Wildlife Refuges. Four days ago, most people were very fuzzy on what they are, except for members of Ducks Unlimited, and conservationists.

Here are a few Tweets to help the rest along.

Moose at the National Elk Refuge, outside Jackson Hole, Wyoming:

Wisdom is a 64-year old albatross who remarkably returns to the Midway National Wildlife Refuge every year, and has raised chicks most of those years. Midway NWR is northwest of Hawaii:

Sparky the lightning catching bull bison, at the Midwest NWR:

Every Kid in a Park shares a photo of an unnamed wild area (threw it in just for the heck of it):

Yellow-rumped warbler at the Sacramento NWR:

USFWS workers conduct a controlled burn at the Okefenokee NWR in Florida:

Hamden Slough NWR, Minnesota, is 26 years old today, January 5:

Great blue heron at Sacramento NWR:

Pied-billed grebe at Sacramento NWR:

Conservatives keep misattributing a famous quote to Thomas Paine, but it was Ed Abbey who said it. Rumor is you can find Abbey at the Caza Prieta NWR in Arizona:

Buenos Aires NWR, Arizona:

Wichita Mountains NWR, Oklahoma:

Bosque del Apache NWR, New Mexico (near Las Vegas, New Mexico, home of the first Owl Cafe and the wonderful Owl Burger):

https//twitter.com/CherylRofer/status/683725871123791872

Back to the Midway Atoll NWR:

1908 photo from Oregon’s Malheur NWR:

Working against extinction of monarch butterflies, at St. Marks NWR:

Lake Klamath NWR in Oregon, critical habitat for ducks along the Pacific flyway:

Loxahatchee NWR:

“Conservatives” want to sell these lands off, or drill for oil or gas, or mine for minerals, on many of these lands. Will these places be preserved for your great grandchildren and America’s future?


Sunrise in the Colorado Rockies

December 23, 2015

Our friends who steward our public lands find great beauty in America; this is what they protect, and why they protect it.

Caption from U.S. Department of Interior on Twitter: #Sunrise over the snowy mountains @rockynps is amazing. Photo by Eric Schuette #Colorado

Caption from U.S. Department of Interior on Twitter: #Sunrise over the snowy mountains @rockynps is amazing. Photo by Eric Schuette #Colorado


Beauty in nature: Stingray x-ray

December 13, 2015

A stunning photograph, with much to think about.  It wandered around the internet a couple of years ago, and it’s good enough, it’s going around again.

It’s an x-ray of a stingray. Consider what Charles Darwin might have thought about such an image. It’s a species discovered only in the last decade, imaged by a means of photography not known to be possible until more than a decade after Darwin’s death. What would he make of the discovery of a species, and the ability to see inside the thing, showing the cartilaginous skeleton (compare with the rays’ cousins, the sharks), and showing the organs Darwin knew would be there if evolution was, in fact, accurate.

21st century science brings such beauty:

x-ray-of-a-stingray

Caption from TwistedSifter: “The photograph above is an x-ray of a freshwater stingray species discovered in 2011 in the Amazon rain forest. The discovery was made by the research team of Nathan Lovejoy, a biologist at the University of Toronto in Scarborough; and Marcelo Rodrigues de Carvalho of the University of Sao Paolo in Brazil. The new species is known as Heliotrygon gomesi. Besides the pancake-like appearance, the ray is big, with slits on its belly and a tiny spine on its tail.” Photo by Ken Jones.

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Tearing down historic Chipman’s Department Store, American Fork Utah, 1992

November 11, 2015

Caption on photo from American Fork Public Library:

Caption on photo from American Fork Public Library: “This photo was taken February, 1992, just before final demolition of the Chipman store. The last thing to fall was the front part, with the C H I P M A N name still intact.”

In 1962, a position for my father heading the furniture department at Chipman’s Mercantile in American Fork, Utah, prompted our family’s move from Burley, Idaho. We found a home in Pleasant Grove, about five miles south and east of American Fork.

I was rather surprised to find this photo in digital collections I was searching through the Provo, Utah, public library.

Description of the photo:

Title Partial demolition of Chipman’s, formerly Chipman’s Mercantile, on the corner of Main Street, Merchant Street and Center Street. Built in 1884, demolished in 1992.
Description Partial demolition of Chipman’s, formerly Chipman’s Mercantile, on the corner of Main Street, Merchant Street and Center Street. Built in 1884 by James and Stephen L. Chipman. The store was once the biggest department store in Utah County. It was demolished in 1992.
Subject American Fork, (Utah); Business enterprises; Department stores; Wrecking;
Date 1992-02-01
Photographer Peterson, Wanda S.
Rights Copyright 1992 American Fork City. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, http://creativecommons.org/licenses/by-nc-nd/4.0/
Publisher Published by American Fork Public Library; Digitized and hosted by Utah Valley University

It’s symbolic of the history of places we lose all too easily.

Plus, it brings back so many memories of the small towns in which I grew up.

Chipman’s played a big role in the development of American Fork, and northern Utah County. The store was an early success, and the Chipman family became locally prominent, and played an interesting role in the development of science education at two Utah universities.

Two Chipman sisters (daughters of James or Stephen Chipman?) married scientists. One married the great chemist, Henry Eyring, who took a position at the University of Utah to stay close to his wife’s family. The other married the great physicist Harvey Fletcher, who took a position at Brigham Young University, again to stay close to his wife’s family.  Harvey Fletcher served on the board of Chipman’s for a time, and bought furniture there. My father asked me to accompany him on a delivery to the Fletcher’s Provo home, probably trying to prompt an interest in science in me. A few years later in Chipman’s store, my father introduced me to the Fletchers’ son, James C. Fletcher, who would later become president of the University of Utah, and then twice head NASA.

Mrs. Fletcher made great cookies. I wasn’t prescient enough to get even autographs from any of them.

On a July day, probably about 1968, during a street fair, the band I played in performed from the back of a flatbed truck on the street to the right of the photo. We discovered Dick Gardiner’s Farfisa organ lost its tuning in the sun.

The site of the store was turned into a parking lot. The Bank of American Fork put up some drive-up tellers on the site later.


October 5, 1964: Heart of Atlanta Motel asked Supreme Court for right to discriminate

October 5, 2015

PG posted this photo in one of his collections at Chamblee54:

Heart of Atlanta Motel, 1956 - Special Collections and Archives,Georgia State University Library

Heart of Atlanta Motel, 1956 – Special Collections and Archives,Georgia State University Library

I wondered whether this is the motel in the case testing the 1964 Civil Rights Act — and sure enough, it is.  The case was decided, finally, by the U.S. Supreme Court in 1964, Heart of Atlanta Motel, Inc., v. United States, 379 U.S. 241 (1964) .

This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for “separate but equal” treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans.

During the mid-20th century, partly as a result of cases such as Powell v. Alabama, 287 U.S. 45 (1932); Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950); NAACP v. Alabama, 357 U.S. 449 (1958); Boynton v. Virginia, 364 U.S. 454 (1960) and probably the most famous, Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the tide against segregation began to turn. However, segregation remained in full effect into the 1960s in parts of the southern United States, where the Heart of Atlanta Motel was located, despite these decisions.

The Atlanta Time Machine, a great collection of photos in the history of Atlanta and Georgia, has more photos, and this description of the site:

The Heart of Atlanta motel, located at 255 Courtland Street NE, was owned by Atlanta attorney Moreton Rolleston Jr.  Rolleston, a committed segregationist, refused to rent rooms at his hotel to black customers.  Upon passage of the Civil Rights Act of 1964, Rolleston immediately filed suit in federal court to assert that the law was the result of an overly broad interpretation of the U.S. Constitution’s commerce clause.  Rolleston represented himself in the case, HEART OF ATLANTA MOTEL, INC. v. UNITED STATES ET AL., which  went all the way to the United States Supreme Court.  Rolleston lost when the Supreme Court ruled that Congress was well within its powers to regulate interstate commerce in such a manner.  The Hilton Hotel now stands on the former site of the Heart of Atlanta Motel.

Texts in law school rarely have illustrations.  I know the motel mostly as a citation on pages of text, great grey oceans of somnambulent text.  This case is important in civil rights, though it is mentioned almost never in history texts.  What are these cases really about?  These photos offer us insight.

The Heart of Atlanta Motel aspired to greatness in the late 1950s and 1960s — evidenced by this publicity flyer photo from the Atlanta Time Machine; notice the flag flying for the motel’s Seahorse Lounge (Atlanta is landlocked):

Heart of Atlanta Motel publicity photo - Atlanta Time Machine

Heart of Atlanta Motel publicity photo – Atlanta Time Machine; not just a podunk “motor lodge,” but a “resort motel.”  Click for larger image.

For the 1960s, this place offered great amenities, including two swimming pools and in-room breakfast service.

Flyer for the Heart of Atlanta Motel, circa 1960 - Atlanta Time Machine image

Flyer for the Heart of Atlanta Motel, circa 1960 – Atlanta Time Machine image

This photo is amusing — I can just imagine the difficulties of launching a motor boat of this size in one of the swimming pools, obviously for a publicity stunt.  The photo is dated February 27, 1960, in the Pullen Library Collection.

Boat in the pool at the Heart of Atlanta Motel, 1960 - Atlanta Time Machine image

Boat in the pool at the Heart of Atlanta Motel, 1960 – Atlanta Time Machine image

To compare how times have changed, you may want to look at this aerial photo of the area, including the Heart of Atlanta Hotel, and compare it with modern photos which show the Hilton Hotel that replaced the property.

Rolleston appears to have had a big ego.  As noted above, he represented himself in this case, and he argued it in the Supreme Court.  Here’s a picture from about that time, from the University of Missouri-Kansas City Law School “Famous Trials” site:

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court - UMKC Law School image

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court – UMKC Law School image; photo: Wayne Wilson/Leviton-Atlanta

You may decide for yourself whether this fits the old legal aphorism that a lawyer who represents himself in a case has a fool for a client.  The Oyez site at the University of Chicago provides access to the audio of the oral arguments.  Did Rolleston argue ably?  Rolleston argued against Archibald Cox, who went on to fame in the Watergate scandals.  This appears to have been Rolleston’s only appearance before the Supreme Court; it was Cox’s ninth appearance (he argued 20 cases before the Court in his career, several well known and notable ones).

Heart of Atlanta vs. United States was argued on October 5, 1964The opinion was issued on December 14, 1964, a 9-0 decision against Rolleston and segregation authored by Justice Tom C. Clark (one of Dallas’s earliest Eagle Scouts).

This was a fight Mr. Rolleston picked.  He was not cited nor indicted for violation of the Civil Rights Act, but instead asked for an injunction to prevent the law’s enforcement; according to the published decision,

Appellant, the owner of a large motel in Atlanta, Georgia, which restricts its clientele to white persons, three-fourths of whom are transient interstate travelers, sued for declaratory relief and to enjoin enforcement of the Civil Rights Act of 1964, contending that the prohibition of racial discrimination in places of public accommodation affecting commerce exceeded Congress’ powers under the Commerce Clause and violated other parts of the Constitution. A three-judge District Court upheld the constitutionality of Title II, §§ 201(a), (b)(1) and (c)(1), the provisions attacked, and, on appellees’ counterclaim, permanently enjoined appellant from refusing to accommodate Negro guests for racial reasons.

Oyez summarizes the case question:

Facts of the Case 

Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans and was charged with violating Title II.

Question 

Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?

The decision turned on the commerce clause, and the reach of Congressional power to regulate interstate commerce.

Decision: 9 votes for U.S., 0 vote(s) against
Legal provision: Civil Rights Act of 1964, Title II

The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. The Court noted that the applicability of Title II was “carefully limited to enterprises having a direct and substantial relation to the interstate flow of goods and people. . .” The Court thus concluded that places of public accommodation had no “right” to select guests as they saw fit, free from governmental regulation.

Good decision. As my law professors described it, Americans enjoy the right to travel, a penumbral right of the Constitution. Inherent in that right is the right to rest in a hotel or motel at the end of the day, especially along a federally-funded highway, part of the U.S. Highway system or National Defense Interstate Highway System.

Heart of Atlanta Motel is gone.  The site is occupied by the Hilton Atlanta, today.

Interstate travel, and sleeping in hotels, continues.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Milky Way over Argentina observatory

September 22, 2015

From NASA’s Astronomy Picture of the Day:

Milky Way over Bosque Alegre Station in Argentina Image Credit & Copyright: Sebastián D' Alessandro. To see the picture in its unadorned glory without the explanatory overlay, click on the image to get to NASA's APOD site.

Milky Way over Bosque Alegre Station in Argentina Image Credit & Copyright: Sebastián D’ Alessandro. To see the picture in its unadorned glory without the explanatory overlay, click on the image to get to NASA’s APOD site.

Stars in the Southern Hemisphere differ a lot from what we see in the North, most famously with the Southern Cross (Crux, in the image above).

Glorious anyway; more glory to go around.

If you click over to the APOD site, you can also see this photo without the overlay, which is another whole world of wonderfulness.

APOD said:

Explanation: What are those streaks of light in the sky? First and foremost, the arching structure is the central band of our Milky Way galaxy. Visible in this galactic band are millions of distant stars mixed with numerous lanes of dark dust. Harder to discern is a nearly vertical beam of light rising from the horizon, just to the right of the image center. This beam is zodiacal light, sunlight scattered by dust in our Solar System that may be surprisingly prominent just after sunset or just before sunrise. In the foreground are several telescopes of the Bosque Alegre Astrophysical Station of the National University of Cordoba in Argentina. The station schedules weekend tours and conducts research into the nature of many astronomical objects including comets, active galaxies, and clusters of galaxies. The featured image was taken early this month.


A new day: Sunrise at Rooster Rock

September 9, 2015

We seek renewal in wilderness, and find that wilderness itself renews with every sunrise.

Mike Scofield photo, Sunrise at Rooster Rock in Table Rock Wilderness, Oregon

@BLMOregon: Rooster Rock #sunrise from the Table Rock #Wilderness near Molalla, #Oregon – photo: Mike Scofield #camping #hiking

Mike Scofield is a lucky guy to have been there to get that shot.

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