This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 4 is the 35th day of the year in the Gregorian calendar. There are 330 days remaining until the end of the year (331 in leap years).

On this day in 1789, George Washington becomes the first and only president to be unanimously elected by the Electoral College. He repeated this notable feat on the same day in 1792.

The peculiarities of early American voting procedure meant that although Washington won unanimous election, he still had a runner-up, John Adams, who served as vice president during both of Washington’s terms. Electors in what is now called the Electoral College named two choices for president. They each cast two ballots without noting a distinction between their choice for president and vice president. Washington was chosen by all of the electors and therefore is considered to have been unanimously elected. Of those also named on the electors’ ballots, Adams had the most votes and became vice president.

George Washington (February 22, 1732 – December 14, 1799) was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Britain in the American Revolutionary War as commander in chief of the Continental Army in 1775-1783, and he presided over the writing of the Constitution in 1787. As the unanimous choice to serve as the first President of the United States (1789-1797), he developed the forms and rituals of government that have been used ever since, such as using a cabinet system and delivering an inaugural address. As President he built a strong, well-financed national government that avoided war, suppressed rebellion and won acceptance among Americans of all types, and Washington is now known as the “Father of his country”.

In Colonial Virginia, Washington was born into the provincial gentry in a wealthy, well connected family that owned tobacco plantations using slave labor. Washington was home schooled by his father and older brother but both died young and Washington became attached to the powerful Fairfax clan. They promoted his career as surveyor and soldier. Strong, brave, eager for combat and a natural leader, young Washington quickly became a senior officer of the colonial forces, 1754-58, during the first stages of the French and Indian War. Indeed, his rash actions helped precipitate the war. Washington’s experience, his military bearing, his leadership of the Patriot cause in Virginia, and his political base in the largest colony made him the obvious choice of the Second Continental Congress in 1775 as commander-in-chief of the Continental Army to fight the British in the American Revolution. He forced the British out of Boston in 1776, but was defeated and nearly captured later that year when he lost New York City. After crossing the Delaware River in the dead of winter he defeated the enemy in two battles, retook New Jersey, and restored momentum to the Patriot cause. Because of his strategy, Revolutionary forces captured two major British armies at Saratoga in 1777 and Yorktown in 1781. Negotiating with Congress, governors, and French allies, he held together a tenuous army and a fragile nation amid the threats of disintegration and invasion. Historians give the commander in chief high marks for his selection and supervision of his generals, his encouragement of morale, his coordination with the state governors and state militia units, his relations with Congress, and his attention to supplies, logistics, and training. In battle, however, Washington was repeatedly outmaneuvered by British generals with larger armies. Washington is given full credit for the strategies that forced the British evacuation of Boston in 1776 and the surrender at Yorktown in 1781. After victory was finalized in 1783, Washington resigned rather than seize power, and returned to his plantation at Mount Vernon, proving his opposition to dictatorship and his commitment to republican government.

Washington presided over the Constitutional Convention that drafted the United States Constitution in 1787 because of his dissatisfaction with the weaknesses of Articles of Confederation that had time and again impeded the war effort. Washington became the first President of the United States in 1789. He attempted to bring rival factions together in order to create a more unified nation. He supported Alexander Hamilton‘s programs to pay off all the state and national debts, implement an effective tax system, and create a national bank, despite opposition from Thomas Jefferson. Washington proclaimed the U.S. neutral in the wars raging in Europe after 1793. He avoided war with Britain and guaranteed a decade of peace and profitable trade by securing the Jay Treaty in 1795, despite intense opposition from the Jeffersonians. Although never officially joining the Federalist Party, he supported its programs. Washington’s “Farewell Address” was an influential primer on republican virtue and a stern warning against partisanship, sectionalism, and involvement in foreign wars.

Washington had a vision of a great and powerful nation that would be built on republican lines using federal power. He sought to use the national government to improve the infrastructure, open the western lands, create a national university, promote commerce, found a capital city (later named Washington, D.C.), reduce regional tensions and promote a spirit of nationalism. “The name of AMERICAN,” he said, must override any local attachments.” At his death Washington was hailed as “first in war, first in peace, and first in the hearts of his countrymen”. The Federalists made him the symbol of their party, but for many years the Jeffersonians continued to distrust his influence and delayed building the Washington Monument. As the leader of the first successful revolution against a colonial empire in world history, Washington became an international icon for liberation and nationalism. His symbolism especially resonated in France and Latin America. Historical scholars consistently rank him as one of the two or three greatest presidents.

New York State Attorney General Eric Schneiderman filed suit today in New York State Supreme Court in Brooklyn charging them with deceptive and fraudulent practices that harmed homeowners and undermined the judicial foreclosure process. From Mr. Schneiderman’s office:

NEW YORK – Attorney General Eric T. Schneiderman today filed a lawsuit against several of the nation’s largest banks charging that the creation and use of a private national mortgage electronic registry system known as MERS has resulted in a wide range of deceptive and fraudulent foreclosure filings in New York state and federal courts, harming homeowners and undermining the integrity of the judicial foreclosure process. The lawsuit asserts that employees and agents of Bank of America, J.P. Morgan Chase, and Wells Fargo, acting as “MERS certifying officers,” have repeatedly submitted court documents containing false and misleading information that made it appear that the foreclosing party had the authority to bring a case when in fact it may not have. The lawsuit names JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A., as well as Virginia-based MERSCORP, Inc. and its subsidiary, Mortgage Electronic Registration Systems, Inc.

The lawsuit further asserts that the MERS System has effectively eliminated homeowners’ and the public’s ability to track property transfers through the traditional public records system. Instead, this information is now stored only in a private database – which is plagued with inaccuracies and errors – over which MERS and its financial institution members exercise sole control. Additional defendants include BAC Home Loans Servicing, LP, Chase Home Finance LLC, EMC Mortgage Corporation, and Wells Fargo Home Mortgage, Inc.

“The banks created the MERS system as an end-run around the property recording system, to facilitate the rapid securitization and sale of mortgages. Once the mortgages went sour, these same banks brought foreclosure proceedings en masse based on deceptive and fraudulent court submissions, seeking to take homes away from people with little regard for basic legal requirements or the rule of law,” said Attorney General Schneiderman. “Our action demonstrates that there is one set of rules for all – no matter how big or powerful the institution may be – and that those rules will be enforced vigorously. Only through real accountability for the illegal and deceptive conduct in the foreclosure crisis will there be justice for New York’s homeowners.” [..]

The lawsuit specifically charges that the defendants have engaged in the following fraudulent and deceptive practices:

   

MERS has filed over 13,000 foreclosure actions against New York homeowners listing itself as the plaintiff, but in many instances, MERS lacked the legal authority to foreclose and did not own or hold the promissory note, despite saying otherwise in court submissions.

   

MERS certifying officers, including employees and agents of JPMorgan Chase, Bank of America, and Wells Fargo, have repeatedly executed and submitted in court legal documents purporting to assign the mortgage and/or note to the foreclosing party. These documents contain numerous defects, including affirmative misrepresentations of fact, which render them false, deceptive, and/or invalid. These assignments were often automatically generated and “robosigned” by individuals who did not review the underlying property ownership records, confirm the documents’ accuracy, or even read the documents. These false and defective assignments often masked gaps in the chain of title and the foreclosing party’s inability to establish its authority to foreclose, and as a result have misled homeowners and the courts.

   

MERS’ indiscriminate use of non-employee “certifying officers” to execute vital legal documents has confused, misled, and deceived homeowners and the courts and made it difficult to ascertain whether a party actually has the right to foreclose. MERS certifying officers have regularly executed and submitted in court mortgage assignments and other legal documents on behalf of MERS without disclosing that they are not MERS employees, but instead are employed by other entities, such as the mortgage servicer filing the case or its counsel. The signature line just indicates that the individual is an “Assistant Secretary,” “Vice President,” or other officer of MERS. Indeed, these documents often purport to assign the mortgage to the certifying officer’s own employer. Moreover, as a result of the defendants’ failure to track the designation of certifying officers and the scope of their authority to act, individuals have executed legal documents on behalf of MERS, such as mortgage assignments and loan modifications, when they were either not designated as a MERS certifying officer at the time or were not authorized to execute documents on behalf of MERS with respect to the subject loan.

   

MERS and its members have deceived and misled borrowers about the importance and ramifications of MERS’ role with respect to their loan by providing inadequate disclosures.

   

The MERS System is riddled with inaccuracies which make it difficult to verify the chain of title for a loan or the current note-holder, and creates confusion among stakeholders who rely on the information. In addition, as a result of these inaccuracies, MERS has filed mortgage satisfactions against the wrong property.

The lawsuit seeks a declaration that the alleged practices violate the law, as well as injunctive relief, damages for harmed homeowners, and civil penalties. The lawsuit also seeks a court order requiring defendants to take all actions necessary to cure any title defects and clear any improper liens resulting from their fraudulent and deceptive acts and practices.

Schneiderman has still not signed onto the Federal agreement and the final terms of that agreement are still pretty vague as no one has actually seen the final document but they have been given until February 6 to sign on to it.  Precisely how this suit, or the one file this week by Illinois AG against Nationwide, will effect or be effected by that agreement is anyone’s guess. But there is a lot of speculation. Happy Friday news dump  

Nothing surprising about the revelation in today’s New York Times that the SEC has failed to get tough with the big banks but it does highlight how Occupy Wall St. has change this conversation in the traditional media that is now taking a more critical look at what is wrong with the economy and why. Despite all the whining from the agency that it doesn’t have the resources or the tools, when in fact it does but has refused to use them against the biggest and repeat offenders. The SEC has repeatedly granted waivers to the laws and regulations that stop fraud:

JPMorganChase, for example, has settled six fraud cases in the last 13 years, including one with a $228 million settlement last summer, but it has obtained at least 22 waivers, in part by arguing that it has “a strong record of compliance with securities laws.” Bank of America and Merrill Lynch, which merged in 2009, have settled 15 fraud cases and received at least 39 waivers.

Only about a dozen companies – Dell, General Electric and United Rentals among them – have felt the full force of the law after issuing misleading information about their businesses. Citigroup was the only major Wall Street bank among them. In 11 years, it settled six fraud cases and received 25 waivers before it lost most of its privileges in 2010.

The SEC also does keep an organized data base of the waivers it granted, so in its investigation the NYT’s had do some digging but found some very telling facts about the SEC’s failures to protect investors while protecting the big banks from lawsuits and prosecution:

JPMorganChase is among the big Wall Street firms that have been granted multiple waivers with nearly every settlement of S.E.C. fraud charges. Last July, it agreed to pay $228 million to settle civil and criminal charges that it cheated cities and towns by rigging bids with other Wall Street firms to invest the money raised by several municipalities for capital projects.

JPMorgan received three waivers related to that case for privileges that it otherwise would have lost. But the S.E.C. said the company’s fraudulent actions didn’t involve misleading investors about JPMorgan’s business. [..]

Despite six securities fraud settlements in 13 years, JPMorgan rarely if ever lost any special privileges. It has been awarded at least 22 waivers since 2003, with most of its S.E.C. settlements generating two or more. In seeking the reprieves, lawyers for JPMorgan stated in letters to the S.E.C. that it should grant a waiver because the company has “a strong record of compliance with the securities laws.”

JPMorgan isn’t the only big bank that has received a pass on fraud from the SEC, Bank of America has been a recipient of favored status:

In 2009, the S.E.C. was negotiating with Bank of America over charges that it had failed to disclose to shareholders that billions of dollars in bonuses were being paid to Merrill Lynch executives just as Bank of America was bailing out the firm.

Because the S.E.C. charges involved fraudulent statements by both Bank of America and Merrill Lynch about their financial status, the merged company was in danger of losing its special privileges for both offerings and forecasts. [..]

It settled the case by agreeing to a $150 million payment. The S.E.C., however, decided not to charge the bank with fraud, which could have endangered the bank’s special status. Instead, the S.E.C. charged Bank of America with violating disclosure rules for shareholder materials and proxies, and Bank of America kept its privileges.

It took years before the SEC finally took action against Citigroup for its violations of rules and regulations but in 2010. That only happened because Citibank blatantly lied to its investors about the amount of risk it was carrying on its balance sheets. In its disclosure the bank stated that it was only holding $13 billion in risks when in reality it was $50 billion. It settled the case for $75 million but because of the falsification of its financial statement it lost the ability to insulate itself from lawsuits over mistaken predictions about its business and had to wait weeks for the SEC’s approvals to make itself eligible to sell stocks, bonds and other securities to the public. Prior to those sanctions Citibank had settled six fraud cases and received 25 waivers. Meanwhile JPMorgan, Gold Sachs and others have avoided sanctions and continue their fraudulent practices.

Yves Smith at naked capitalism in pointing out the significance of this article makes this observation:

What the article does not make quite clear is the SEC rationale for this double standard. I’d hazard that it’s that big financial players are often in the market raising funds, and restricting their access is, well, just a bit too mean since they are money junkies. Just look how hard it was for Citi when it fell out of the SEC’s most favored nations status and lost its ability to use so-called “shelf registrations” to sell stock and bonds:

   And the companies continue to use rules that let them instantly raise money publicly, without waiting weeks for government approvals. Without the waivers, the companies could not move as quickly as rivals that had not settled fraud charges to sell stocks or bonds when market conditions were most favorable.

OMG, if you break the law, you might be put at a competitive disadvantage! Can’t have that, now can we?

She concludes:

[..] As we have said, one of basic rules of regulating is to make sure the regulated know you are not cowed by them. When I was a young person working on Wall Street, investment banks were afraid of the SEC. By contrast, this article reveals, as many have suspected, that regulators have plenty of tools to bring banks to heel. They choose not to use them.

The SEC does have a defense of sorts, which is (as we have recounted) that Congress has cut off funding when it merely tried to be tough in defending retail investors from abuses under Arthur Levitt in the 1990s. The passivity of the SEC is a symptom of elite corruption. A reform-minded President could choose to cross swords with Congress and defend the agency against harassment for tough minded enforcement. But that would be in a parallel universe where the banks were not in charge.

It was the Occupy Wall St. movement and a handful of state attorneys general who have changed the conversation from protecting the 1% to investigating them and looking at their practices and the agencies that regulate them with a more critical eye.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times Editorial: A Painful Betrayal

With its roster of corporate sponsors and the pink ribbons that lend a halo to almost any kind of product you can think of, the Susan G. Komen for the Cure foundation has a longstanding reputation as a staunch protector of women’s health. That reputation suffered a grievous, perhaps mortal, wound this week from the news that Komen, the world’s largest breast cancer organization, decided to betray that mission. It threw itself into the middle of one of America’s nastiest political battles, on the side of hard-right forces working to demonize Planned Parenthood and undermine women’s health and freedom. [..]

In addition to harming women, the foundation has also tarnished, perhaps permanently, its brand, symbolized by the pink ribbon that adorns yogurt cups and running shoes and tote bags and Federal Premium Ammunition’s pink shotgun shells. Companies like Ford Motor, Dell and Yoplait may not find the same value in identifying themselves with the foundation after its sharp departure from political neutrality.

Paul Krugman: Romney Isn’t Concerned

If you’re an American down on your luck, Mitt Romney has a message for you: He doesn’t feel your pain. Earlier this week, Mr. Romney told a startled CNN interviewer, “I’m not concerned about the very poor. We have a safety net there.”

Faced with criticism, the candidate has claimed that he didn’t mean what he seemed to mean, and that his words were taken out of context. But he quite clearly did mean what he said. And the more context you give to his statement, the worse it gets.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 3 is the 34th day of the year in the Gregorian calendar. There are 331 days remaining until the end of the year (332 in leap years).

On this day in 1959, “the music died” when rising American rock stars Buddy Holly, Ritchie Valens and J.P. “The Big Bopper” Richardson are killed when their chartered Beechcraft Bonanza plane crashes in Iowa a few minutes after takeoff from Mason City on a flight headed for Moorehead, Minnesota. Investigators blamed the crash on bad weather and pilot error. Holly and his band, the Crickets, had just scored a No. 1 hit with “That’ll Be the Day.”

After mechanical difficulties with the tour bus, Holly had chartered a plane for his band to fly between stops on the Winter Dance Party Tour. However, Richardson, who had the flu, convinced Holly’s band member Waylon Jennings to give up his seat, and Ritchie Valens won a coin toss for another seat on the plane.

Crash

The plane took off at around 12:55 AM Central Time. Just after 1:00 AM Central Time, Mr. Hubert Dwyer, a commercial pilot and owner of the plane, observing from a platform outside the tower, “saw the tail light of the aircraft gradually descend until out of sight.”

Peterson had told Dwyer he would file a flight plan with Air Traffic Control by radio after departure. When he did not call the Air Traffic Control communicator with his flight plan, Dwyer requested that Air Traffic Control continue to attempt to establish radio contact, but all attempts were unsuccessful.

By 3:30 AM, when Hector Airport in Fargo, North Dakota, had not heard from Peterson, Dwyer contacted authorities and reported the aircraft missing.

Around 9:15 AM, Dwyer took off in another small plane to fly Peterson’s intended route. A short time later, he spotted the wreckage in a cornfield belonging to Albert Juhl, about five miles (8 km) northwest of the airport.

The Bonanza was at a slight downward angle and banked to the right when it struck the ground at around 170 miles per hour (270 km/h). The plane tumbled and skidded another 570 feet (170 m) across the frozen landscape before the crumpled ball of wreckage piled against a wire fence at the edge of Juhl’s property. The bodies of Holly and Valens lay near the plane, Richardson was thrown over the fence and into the cornfield of Juhl’s neighbor Oscar Moffett, and the body of Peterson remained entangled inside the plane’s wreckage. Surf Ballroom manager Carroll Anderson, who drove the musicians to the airport and witnessed the plane’s takeoff, made positive identifications of the musicians.

All four had died instantly from “gross trauma” to the brain, the county coroner Ralph Smiley declared. Holly’s death certificate detailed the multiple injuries which show that he surely died on impact:

The body of Charles H. Holley was clothed in an outer jacket of yellow leather-like material in which four seams in the back were split almost full length. The skull was split medially in the forehead and this extended into the vertex region. Approximately half the brain tissue was absent. There was bleeding from both ears, and the face showed multiple lacerations. The consistency of the chest was soft due to extensive crushing injury to the bony structure.[…] Both thighs and legs showed multiple fractures.

Investigators concluded that the crash was due to a combination of poor weather conditions and pilot error. Peterson, working on his Instrument Rating, was still taking flight instrumentation tests and was not yet rated for flight into weather that would have required operation of the aircraft solely by reference to his instruments rather than by means of his own vision. The final Civil Aeronautics Board report noted that Peterson had taken his instrument training on airplanes equipped with an artificial horizon attitude indicator and not the far-less-common Sperry Attitude Gyro on the Bonanza. Critically, the two instruments display the aircraft pitch attitude in the exact opposite manner; therefore, the board thought that this could have caused Peterson to think he was ascending when he was in fact descending. They also found that Peterson was not given adequate warnings about the weather conditions of his route, which, given his known limitations, might have caused him to postpone the flight.

Since of the Susan G. Komen for the Cure charity’s decision to eliminate funding to Planned Parenthood for breast cancer screenings, the Komen foundation has come under not just criticism for abandoning many women’s only option for breast cancer screening but it has brought to light some very ugly truths about the organization. The most critical one is that its pink ribbon campaign has done more harm than good. As David Dayen and TBogg at FDL both note, Komen’s official line that “our priority is and always will be the women we serve” is a joke considering the number of women who use Planned Parenthood for their health care and that Komen does virtually nothing for women’s health or fighting breast cancer

A documentary that premiered last fall at the Toronto Film Festival, Pink Ribbons, Inc, that is about to be released in Canadian theaters, exposes the Pink Ribbon campaign for what it is, a money raising farce for corporations that have done nothing to find a cure for breast cancer but in some cases may have contributed to its rise:

Indignant and subversive, “Pink Ribbons, Inc.” resoundingly pops the shiny pink balloon of the breast cancer movement/industry, debunking the “comfortable lies” and corporate double-talk that permeate the massive and thus-far-ineffectual campaign against a disease that claims nearly 60,000 lives each year in North America alone. Veteran helmer Lea Pool, working from Samantha King’s book, won’t be making any friends with her full-frontal attack on the corporate co-option of the breast cancer cause, which could limit Stateside circulation of this Canadian production. But there are plenty of women who’ll want to see it. And they’ll be seeing red, not pink.

The thrust of King’s thesis is that all the pink-themed walk-a-thons, parades, singing children and rose-lit monuments (the Empire State Building, Niagara Falls), actually do more harm than good. By putting a warm and fuzzy spin on the state of breast cancer, the public is distracted from some very ugly numbers: In 1940, a woman had a one-in-22 chance of developing breast cancer; today, the number is one in eight. Only 20%-30% of women with breast cancer have high-risk factors, which means no one really knows what causes the disease. The leading foundations involved in funding cancer research are peopled by representatives of the pharmaceutical, chemical and energy industries, so their ethics are inherently compromised.

This article from Salon’s Mary Elizabeth Williams details where all the Komen money goes. They raise a huge amount of money but only 24% goes to research and yet spends:

“a million dollars a year in donor funds” aggressively going after other organizations that dare to use the phrase “for the cure” – including small charities like Kites for a Cure, Par for the Cure, Surfing for a Cure, Cupcakes for a Cure, and even a dog-sledding event called Mush for the Cure.

The Komen foundation is nothing more than a front for corporations. Running for cures, buying pink ribbons and balloons will not find a cure and hasn’t done a damn thing but rake in profits for corporations. Those pink ribbons should make every woman and man (they get breast cancer, too) see red.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

William Rivers Pitt’s reflection on the 10th anniversary of his first article for truthout is an inspirational message to all writers and why to keep writing more and often.

William Rivers Pitt: This Is What I Know

“A man who carries a cat by the tail learns something he can learn in no other way.”

~ Mark Twain

A bottle of whiskey, a shot glass, and an article to write.

I’m not going to lie and say this particular combination hasn’t come together before on my desk, but it has been rare enough to be considered special, and here we are. You see, something struck me out of the clear blue a while ago: the very first article of mine Truthout ever published happened somewhere in early 2002, so I did a little digging with the help of my Facebook friends, and hot damn, there it was: “Hell to Pay,” published on January 17, 2002. [..]

Yeah, we have plenty of work to do yet.

The rage is still there.

I said this a long time ago, many times over, but it is worth repeating: I do not expect to see the things I fight for happen in my lifetime. Matters have gone far beyond that. I expect to fail, to die in defeat. That does not matter to me. The fight is worth waging because these things matter, and I intend to give the years I have left to that fight, no matter the outcome. Sooner or later, we will prevail. Write it down; I just did. I probably won’t be here to see it, but victory is its own reward, because a better world is possible, and that is all that matters.

A bottle of whiskey, a shot glass, and an article to write.

Here’s to you, to us, to this.

Here’s to getting it done.

Here’s to the next ten years. May they be better than the last

(emphasis mine)

Michelle Chen: In Year of Uprisings, Reporters Brave Crackdowns from Wall St. to Tahrir Square

You wouldn’t think handling a notebook or a camera could be a hazardous line of work. But according to the latest global Press Freedom Index, abuse and oppression of reporters has made journalism an increasingly risky job in many countries. The past year has even left a notable taint on the U.S. press, despite the country’s mythos as a beacon of free expression.

While the United States certainly hasn’t descended into the ranks of the most oppressive regimes, the watchdog group Reporters without Borders observes that in 2011 the political barriers and outright attacks facing reporters had led to a steep drop in the rankings-27 places down, to number 47:

   In the space of two months in the United States, more than 25 [journalists] were subjected to arrests and beatings at the hands of police who were quick to issue indictments for inappropriate behaviour, public nuisance or even lack of accreditation.

The most high-profile violations of press freedom took place during the Occupy protests, as reporters were abused by police and otherwise stonewalled by authorities.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 2 is the 33rd day of the year in the Gregorian calendar. There are 332 days remaining until the end of the year (333 in leap years).

On this day in 1925, dog sleds reach Nome, Alaska with diphtheria serum, inspiring the Iditarod race.

During the 1925 serum run to Nome, also known as the “Great Race of Mercy,” 20 mushers and about 150 sled dogs relayed diphtheria antitoxin 674 miles (1,085 km) by dog sled across the U.S. territory of Alaska in a record-breaking five and a half days, saving the small city of Nome and the surrounding communities from an incipient epidemic. Both the mushers and their dogs were portrayed as heroes in the newly popular medium of radio, and received headline coverage in newspapers across the United States. Balto, the lead sled dog on the final stretch into Nome, became the most famous canine celebrity of the era after Rin Tin Tin, and his statue is a popular tourist attraction in New York City’s Central Park. The publicity also helped spur an inoculation campaign in the U.S. that dramatically reduced the threat of the disease.

The sled dog was the primary means of transportation and communication in subarctic communities around the world, and the race became both the last great hurrah and the most famous event in the history of mushing, before first aircraft in the 1930s and then the snowmobile in the 1960s drove the dog sled almost into extinction. The resurgence of recreational mushing in Alaska since the 1970s is a direct result of the tremendous popularity of the Iditarod Trail Sled Dog Race, which honors the history of dog mushing with many traditions that commemorate the serum run.

Epidemic

The only doctor in Nome and the surrounding communities was Curtis Welch, who was supported by four nurses at the 24-bed Maynard Columbus Hospital. In the summer of 1924, his supply of 80,000 units of diphtheria antitoxin (from 1918) expired, but the order he placed with the health commissioner in Juneau did not arrive before the port closed.

Shortly after the departure of the last ship of the year, the Alameda,[when?] a two-year-old Alaska Native from the nearby village of Holy Cross became the first to display symptoms of diphtheria. Welch diagnosed it as tonsillitis, dismissing diphtheria because no one else in the child’s family or village showed signs of the disease, which is extremely contagious and can survive for weeks outside the body. The child died the next morning, and an abnormally large number of cases of tonsillitis were diagnosed through December, including another fatality on December 28, which is rare. The child’s mother refused to allow an autopsy. Two more Alaska Native children died, and on January 20 the first case of diphtheria was diagnosed in three-year-old Bill Barnett, who had the characteristic grayish lesions on his throat and in his nasal membranes. Welch did not administer the antitoxin, because he was worried the expired batch might weaken the boy, who died the next day.

On January 21, seven-year-old Bessie Stanley was diagnosed in the late stages of the disease, and was injected with 6,000 units of antitoxin. She died later that day. The same evening, Welch called Mayor George Maynard, and arranged an emergency town council meeting. Welch announced he needed at least one million units to stave off an epidemic. The council immediately implemented a quarantine, and Emily Morgan was appointed Quarantine Nurse.

On January 22, 1925, Welch sent a radio telegram via the Washington-Alaska Military Cable and Telegraph System and alerted all major towns in Alaska including the governor in Juneau of the public health risk. A second to the U.S. Public Health Service in Washington, D.C. read:

“An epidemic of diphtheria is almost inevitable here STOP I am in urgent need of one million units of diphtheria antitoxin STOP Mail is only form of transportation STOP I have made application to Commissioner of Health of the Territories for antitoxin already STOP There are about 3000 white natives in the district”

Wings versus paws

At the January 24 meeting of the board of health superintendent Mark Summers of the Hammon Consolidated Gold Fields proposed a dogsled relay, using two fast teams. One would start at Nenana and the other at Nome, and they would meet at Nulato. His employee, the Norwegian Leonhard Seppala, was the obvious and only choice for the 630-mile (1,014 km) round trip from Nome to Nulato and back. He had previously made the run from Nome to Nulato in a record-breaking four days, won the All-Alaska Sweepstakes three times, and had become something of a legend for his athletic ability and rapport with his Siberian huskies. His lead dog Togo was equally famous for his leadership, intelligence, and ability to sense danger.

Mayor Maynard proposed flying the antitoxin by aircraft. In February 1924, the first winter aircraft flight in Alaska had been conducted between Fairbanks and McGrath by Carl Eielson, who flew a reliable De Havilland DH-4 issued by the U.S. Post Office on 8 experimental trips. The longest flight was only 260 miles (420 km), the worst conditions were – 10 F (- 23 C) which required so much winter clothing that the plane was almost unflyable, and the plane made several crash landings.

Aftermath

The death toll is officially listed as either 5, 6, or 7, but Welch later estimated there were probably at least 100 additional cases among “the Eskimo camps outside the city. The Natives have a habit of burying their children without reporting the death.” Forty-three new cases were diagnosed in 1926, but they were easily managed with the fresh supply of serum. (Salisbury, 2003, footnotes on page 235 and 243)

All participants received letters of commendation from President Calvin Coolidge, and the Senate stopped work to recognize the event. Each musher during the first relay received a gold medal from the H. K. Mulford company, and the territory awarded them each USD $25. Poems and letters from children poured in, and spontaneous fund raising campaigns sprang up around the country.

Gunnar Kaasen and his team became celebrities and toured the West Coast from February 1925 to February 1926, and even starred in a 30-minute film entitled Balto’s Race to Nome. A statue of Balto by Frederick Roth was unveiled in New York City’s Central Park during a visit on December 15, 1925. Balto and the other dogs became part of a sideshow and lived in horrible conditions until they were rescued by George Kimble and fund raising campaign by the children of Cleveland, Ohio. On March 19, 1927, Balto received a hero’s welcome as they arrived at their permanent home at the Cleveland Zoo. Because of age, Balto was euthanised on March 14, 1933 at the age of 14. He was mounted and placed on display in the Cleveland Museum of Natural History.

What a difference from last year to this. The weather has been unseasonably warm with only one minor snow event since the Winter Solstice here in the Northeast. Already the tips of early spring flowers are pushing up through the mulch. As was observed by our friend, davidseth, mud season has already arrived.

Reposted from January 31, 2011

Although you’d never know it if you looked out your window here in the Northeast and throughout a good part of the northern hemisphere, we are nearing the midpoint between winter solstice and the vernal equinox. The Sun is noticeably rising earlier and setting later. It is a pleasure to take my early morning shower in daylight and start dinner preparation with daylight still illuminating the kitchen. There are seed catalogs arriving in the mail which has me contemplating the flower beds, the herb garden and maybe this year some vegetables.

In the traditions of Pagan and Wiccan religions, we celebrate this changing season as Imbolc, or Candlemas, which begins on January 31st, February Eve, and ends on February 2nd, a time of rebirth and healing. Imbolc is one of the eight Wiccan Sabbats of the Wheel of the Year, one of the four cross-quarter fire festivals. Brighid, the patroness of poetry and healing, is the Pagan Goddess associated with Imbolc.

Some of the traditions are the lighting of fires, decorating with red and white symbolizing the snow and the rising sun and green for new growth. Candles are lit in all the rooms of the house. Fires places and hearths are cleaned out of ashes and fires are lit. Since there is still snow drifts in my backyard, the fireplace will be just fine.

The symbols are ewes and lambs since Imbolc is derived from a Celtic word, “oimelc”, meaning ewe’s milk. Many of the foods that are serves are lamb, cheese, poppyseed muffins, cakes and breads. Dishes are seasoned with bay leaves and dried basil.

In rural places where farming is still a way of life, ploughs are decorated with flowers and then doused with whiskey. I know most of us have better things to do with whiskey. Sometimes the plough is dragged from door to door by costumed children asking for food and money, a kind of wintry “trick or treat”. Some traditional gifts, if your going to a friends house to celebrate, are garden tools, seeds and bulbs.

The Maiden is also honored as the “Bride” on this Sabbat. Straw corn dollies are created from oat or wheat straw and placed in baskets with white flower bedding. The older women make special acorn wands for the dollies to hold. The wands are sometimes burned in the fireplace and in the morning, the ashes in the hearth are examined to see if the magic wands left marks as a good omen. A new corn broom is place by the front door to symbolize sweeping out the old and welcoming the new.

Non-Pagans celebrate February 2nd as Ground Hog’s Day, a day to predict the coming weather, telling us that if the Groundhog sees his shadow, there will be ‘six more weeks’ of bad weather. It actually has ancient roots, weather divination was common to Imbolc, and the weather of early February was long held to be a harbinger of spring. On Imbolc, the crone Cailleach‘s grip of winter begins to loosen. She goes forth in search of kindling so that she may keep her fires burning and extend the winter a little longer. If Imbolc is rainy and cloudy, she will find nothing but twigs unsuitable for burning and will be unable to prolong the winter. If the day is dry and kindling is abundant, she will have plenty of fuel to feed her fire and prolong the cold of winter. Spring will be very far away. As an old British rhyme tells us that, “If Candlemas Day be bright and clear, there’ll be two winters in the year.”

Whatever you celebrate or believe, let us all hope that that the local groundhog doesn’t see his shadow and there is only one winter this year. I have nowhere else to pile the snow.

Blessed Be.

Nothing is as it seems and all the optimism about how the mortgage settlement with the banks was about to be sealed with a kiss turns about to be premature. With a deadline of February 3 for states to declare whether they are joining the settlement, some major questions have been raised about just what the definition of “narrow” is for the Obama administration.

From Yves Smith at naked capitalism.

Yet More Mortgage Settlement Lies: Release Looks Broad, Not Narrow; Other States Screwed to Bribe California to Join

While there is every reason to believe there has been some improvement in terms due to the resistance of Schneiderman and other state attorneys general (Beau Biden of Delaware, Martha Coakley of Massachusetts, Catherine Cortez Masto of Nevada, and Kamala Harris of California), the notion that, per Mike Lux, “the settlement release is tight” appears to be patently false.

Since there has yet to be any disclosure of the draft terms, we can’t be certain, but a reading of a letter sent by Nevada’s Masto gives plenty of cause for pause. Reaching inferences from her 38 questions is a Plato’s cave exercise, but some of the items seem pretty clear. [..]

Yves explains the concerns that the banks would be released of liability of not just robosigning but chain of title securitizations and origination issues. She then get to the latter from Nevada Attorney General Catherine Cortez Masto who submitted a letter to settlement negotiators

Most of her queries are sufficiently technical so as to make it hard to guess with any certainty as to what the language of the agreement might be, but two questions at the top stood out:

This certainly looks as if Masto sees the origination release as broad. Asking for an itemization of what is NOT included suggests a lot seems to be included.

But this is the whopper:

From early on, we have stressed that this is a cash for release deal, and this looks like a VERY big release. The banks will pay an amount into the fund, and all issues relating to robo-signing and foreclosure will be released by the AGs: the banks will have a state level release from all bad assignment/transfer issues. [..]

Remember, bank executives piously swore in 2010 that they stopped robosigning, yet their firms continue to engage in that practice.

Then there is the matter of trying to bribe California’s AG Kamala Harris back into the fold by giving California 60% of the $25 billion. She notes this article from the Financial Times by Shahien Nasiripour

   California, home to the largest US property market, spurned an offer of roughly $15bn in lower monthly mortgage payments and reduced loan balances for its residents in talks to settle allegations of mortgage-related misdeeds by leading US banks…

   California would have received more than half of about $25bn of aid that would be available to borrowers in a nationwide deal under discussion to settle allegations that banks illegally seized homes using faulty documentation.

   Deal terms, sent to state attorneys-general late last week after nearly a year of talks between the banks and various states and federal agencies, did not include guaranteed minimums for any other states, people familiar with the matter said. Various state officials said they were unaware of the California offer.

Yves notes that AG Masto in question #24 asks for clarification of how much each state would receive.

I agree with Yves that it’s hard to imagine how any attorney general could sign onto this agreement and begs to question why Florida’s AG Pam Bondi would be pushing California to sign on to this and not pushing for a better settlement for the homeowners of her state. Masto certainly did her homework as David Dayen at FDL News Desk noted:

n other words, Masto did her homework and saw this settlement as little more than a framework, without specificity on the release, the level of relief on a per-state basis, and the level of enforcement. Or, in other words, everything. And by the way, they want an answer by the end of the week. That’s clear at the end of Masto’s letter, where she writes: “Because there is a sign-on deadline of February 3, 2012, I need this information as soon as possible to allow my office to continue to evaluate the proposal on behalf of the state of Nevada.”

Every AG should be asking these same questions including Eric Schneiderman.

And that leads to the question of Eric Schneiderman and his motivations for sitting on the sideline and not opposing what appears to be a walk from liability for the banks and screw the homeowners. This is a very disappointing development and it won’t win Obama any votes either.