#tribal police files

[dandelionsresilience]

Dandelion News - September 1-7

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1. Rescue Dog Who Helped Raise Dozens of Foster Puppies Finds Forever Home

“Three and a half years ago, Noel arrived at Lucky Dog as a pregnant pooch pulled from [an] animal control shelter. […] Once the puppies were old enough to start life on their own, Lucky Dog found homes for all of them. […] Noel was an "amazing mom" to over two dozen foster puppies while staying at [a foster] house.”

2. Radiant cooling device uses significantly less energy than traditional air conditioning

“Testing of the device […] showed the cooling device capable of cooling the skin by approximately 7.3°C. It also showed that it consumed 50.4% less energy than an average air-conditioner of comparable ability. The research team notes that the device can also be run in reverse, to serve as a radiant heater.”

3. How a Native elections official is breaking down voting barriers in Arizona

“Gabriella Cázares-Kelly, Pima County Recorder, [… ran for office in 2020] to represent people who were being ignored by the democratic system and denied the right to vote. […] “People started getting the voter registration cards back, getting their voter IDs in the mail, and they were so excited to show me or thank me for helping them register,” she said.”

4. Scientists are growing [coral] babies in a lab to save animals from extinction

“Each August, corals in Florida release their eggs and sperm into the water[, … but “they] can’t reproduce on their own anymore.” [So, researchers are] collecting and freezing the spawn and growing them into genetically diverse baby corals that can be replanted into the wild[….] These resilient corals could pass important adaptations to their babies[….]”

5. New Legislation Will Accelerate Offshore Wind Energy in Delaware

““The responsible development of offshore wind and the transition to renewable energy is essential for the protection of wildlife, habitats, and communities from the havoc of climate change[….]” “This legislation is the product of careful consideration and input from multiple state agencies, industry experts, energy researchers and environmental advocates[….]””

6. Removal of Apache Trout from Endangered Species List Due to Collaborative Conservation Efforts

“[A]fter more than five decades of recovery efforts by federal, state and Tribal partners, […] the restoration of Arizona’s state fish marks the first […] trout delisted due to recovery, a significant conservation success[….] The Apache trout is found exclusively in streams of the White Mountains in the eastern part of Arizona […] and is sacred to the White Mountain Apache Tribe.”

7. [Texas] State court rules Austin must release files on police complaint

“Under the act, records of any complaint – even if no disciplinary action was taken – must be handed over to the civilian-led Office of Police Oversight. [… T]he ruling ushers in a new level of oversight of the complaint process and the department writ-large.”

8. Super-rare hairy-nosed wombat caught waddling through a woodland in Australia

“Ecologists at Australian Wildlife Conservancy (AWC) say the video footage provides exciting evidence wombats are breeding in the refuge again. […] There are only 400 of them in the world, making them rarer than the giant panda and the Sumatran tiger. […] “Although this isn’t the first joey born at the refuge, it is the first juvenile spotted for a few years.””

9. The country’s biggest electric school-bus fleet will also feed the grid

“[The] country’s first all-electric school-bus fleet[,…] which serve the district’s special-needs students, […] can charge with low-cost power and discharge spare capacity at times of grid stress[…. V]ehicle-to-grid charging is something for which electric school buses are particularly well suited.”

10. The Push to Save Horseshoe Crabs Is Gaining Momentum

“Conservationists hope new restrictions on harvesting and synthetic alternatives to a crab-blood compound used in biomedical testing can turn the tide for the ancient arthropods, whose eggs are a vital food source for Red Knots [threatened migratory birds]. […] Now conservationists are in the thick of a multi-pronged push to save both species.”

August 22-28 news here | (all credit for images and written material can be found at the source linked; I don’t claim credit for anything but curating.)

[rjzimmerman]

Excerpt from this story from the Associated Press (AP):

The Navajo Nation has approved emergency legislation meant to strengthen a tribal law that regulates the transportation of radioactive material across the largest Native American reservation in the U.S.

The move is in response to the revival of a uranium mining operation just south of the Grand Canyon that has drawn much criticism from environmentalists and Native American tribes in the region.

Navajo President Buu Nygren signed the legislation Thursday as talks continue among tribal officials and Energy Fuels Inc. to craft an agreement that would address concerns about any potential risks to the public or the environment.

The updated law calls for more advance notification of plans to ship uranium ore from the Pinyon Plain Mine in northern Arizona to a mill in Utah. The payment of transport fees and the filing of emergency preparedness plans also are among the mandates.

The tribe in 2005 banned uranium mining across the sprawling reservation, pointing to the painful legacy of contamination, illness and death that was left behind by the extraction of nearly 30 millions tons of the ore during World War II and the Cold War.

Despite that ban, tribal lawmakers in 2012 stopped short of prohibiting the transportation of uranium across Navajo lands. Instead, they declared the tribe’s general opposition to moving ore across tribal lands and adopted regulations to protect human health and the environment by requiring notification and financial assurance, among other things.

Navajo leaders said it was time to strengthen that law and require earlier notification of shipments by Energy Fuels as the company ramps up operations.

Nygren said notification under the existing law didn’t happen when Energy Fuels shipped its first two loads of ore in July and his efforts to have tribal police intercept the semi-trucks were too late.

“The purpose of this legislation is to provide for the protection, health and safety of the Navajo Nation and its people and our precious resources such as our water,” he said in a letter thanking lawmakers for prioritizing the issue.

[princeescaluswords]

I have an idea for a story and although I don't want to give away a lot because I do still plan to write it. I have a question I'm not sure if you ever answered already. And, if not I'd like to hear your take. What would you think the difference to the story would be if The McCalls were hunters? And, like Allison, Scott wasn't inducted into the lifestyle because of reasons. How do you think the police station scene would have played out? How do you think his dad's return would have played out?

What an interesting idea! I've always been impressed while also being intimidated with AUs that change things before the beginning of the show in a significant way. As someone who respects both nature and nurture in the creation of a personality, I'm always worried about altering things too much so the characters no longer match their backstories. It's not aesthetically pleasing to me. (As an aside, it's why few tropes take me out of a Teen Wolf fanfiction more then when Stiles tries to minimize the impact of Rafael being gone on Scott, "because at least he's still alive" in order to claim that Derek would understand him better, because Stiles knows what it is like to have a living parent who no longer acts like it.)

You didn't specify in your ask, but I'm assuming the Argent backstory does not change, which to me is vitally important. Many members of the fandom try to dismiss Scott's relationship with Allison as a boring teen obsession, but they miss the underlying thematic statement. Allison is an Argent. She was unknowingly trained to be a hunter. She has been raised to have the proper mindset to be a hunter: "Imagine how strong that makes you!" But she is not just a hunter. At the core of Scott's heroic journey is the ability to see people beyond their circumstances, and that is embodied -- in both the series and in the movie -- in his conviction that Allison is an independent person worthy of value regardless of her last name or what's been done to her. Scott, in contrast to Derek's brutal hyper-masculine tribalism, knows that it is not necessarily preordained that she will eventually and always hunt and kill werewolves. And guess what? Scott is right. Repeatedly.

So, the McCalls as hunters. I'm not sure what your take would be, but if I did it, I might approach it like this. Rafael and Melissa were both government agents, working for a secret branch of the FBI that identified and neutralized supernatural creatures, including werewolves. Think of them as Mulder and Scully in a less benign version of the X-Files. They get married and have Scott, and eventually they come to Beacon Hills to investigate the Hale Fire. Faced with that carnage, Melissa has had enough and wishes to leave the agency. While the staircase incident might still have happened, the couple really divorces because she looked at a family of werewolves burned alive and said "I don't want my son a part of this" while Rafael remained devoted to his work.

In this way, very little would have to change until the scene in the jail, though Melissa could be a doctor as she should have been. Her statement of "we're better off with him out of their lives" would take on a different meaning of course. At the jail, she could still react in horror, not because she doesn't understand what is happening, but because she does understand what's happening. She's seen what happens to werewolves who come to the attention of the government and that is the last thing she wanted for her son. But she's also seen what happens when werewolves go out of control (the hunter's bias). She's still the same person who cares, but now she's paralyzed by what to do, torn between the demands of the outside world and still wanting to protect her son.

Not much would have to change in Season 2, but Season 3A would change a lot. Melissa would not be anywhere near as passive. She would confront Derek on his behavior. She would take over the investigation into the Darach. She would deliberately, I think, try to thwart Rafael's involvement. After all, he chose his job over his family once before. She could still be a source of inspiration and support for Scott, but she'd pull a damn gun in The Overlooked (3x10) and start blasting. When Jennifer snidely implied a threat to Scott in Alpha Pact (3x11), "well, most of them" Melissa would get a speech of her own, where she underlines what's wrong with Jennifer's "that's why they call it a sacrifice" bullshit. "I used to be like you, thinking that depriving people different than me of their rights and their lives was simply acting for the greater good. All I was doing was acting on my own fear."

Melissa and Rafael's relationship would change from Melissa running interference between Scott and Rafael in order to encourage Rafael to reconnect with Scott and more into Melissa in direct conflict with Rafael during 3B and 4, as she works to hide Scott's lycanthropy from him and get him to leave.

Oh. I would have been very happy with this version. And, in fact, as I was writing this out, I really want to see this version. Maybe I will write it. But I would love to see yours.

[fatehbaz]

The impetus [...] was a desire to pick up [...] with ‘those historical alternatives’ that ‘haunt a given society’, as Herbert Marcuse wrote; to find the place where, as Patricia Williams put it, our ‘longings are exiled.’ [...] [T]o challenge the twinned triumphalism of the [...] ‘end of history’ claim and the [...] claim that the political universe had closed shut [after the 1960s]. [...]

[T]he rejectionist epithet: ‘That’s not realistic, that’s utopian!’ [...]

[A] phrase which is often used as a bludgeon to manage proposals, people and actions that have gone too far out of bounds. [...] There were good reasons to distrust and even dismiss the term ‘utopian’, although in my opinion, the main problem was not idealism and futurism, but rather the term’s deeply racialised historiography and narrow set of [...] references. To put it bluntly, the extant meaning of the term treated the [...] colonialism that founded the so-called New World as a successful utopian enterprise, while absenting entirely what Peter Linebaugh and Marcus Rediker call the ‘many-headed hydra’ of the seventeenth-century ‘revolutionary Atlantic’ – those slaves, maids, prisoners, pirates, sailors, heretics, Indigenous peoples, commoners and others who challenged the making of the modern world capitalist system.

There was another kind of utopianism entailed by slaves running away, marronage, piracy, heresy, vagabondage, soldier desertion, and other illegible or discredited forms of escape, resistance, opposition and alternative ways of life that continued, of course, to challenge the modern racial capitalist system over time. This ‘other’ utopianism lends to the term ‘utopian’ a very different meaning – one rooted much more in the past and the present than in an unrealistic future – and a very different notion of politics – one rooted in ongoing social struggles, in various forms of nonparticipation, and in an autonomous politics hostile or indifferent to seizing state power. [...]

---

In this context of enhanced militarism and securitisation, the ongoing redistribution of resources from social property to private property has led to more widespread social abandonment and more entrenched inequalities [...].

At the same time, there is widespread, daily, active and open political opposition to all this, at the scale at which people can contest it: protecting this group of migrants from arrest, confinement and deportation; organising this strike among teachers in this city; defending this territory from oil drilling; filing lawsuits against a police department and so on; gathering in public to swear, shout, shake fists, confront the inevitably helmeted riot police. There is also widespread, daily, active, infrapolitical and even secret political opposition, which needs and wants to remain hidden. And there are also so many people, more and more in the Western wealthy countries, looking for ways to think and live on different – better terms – and doing it in small ways, whether in local collectives, or in extended family units, with illegal housing and electricity, alternative currencies, in cities and on old tribal lands.

What will happen we don’t know, of course. But as more people become unable to participate in the existing economic and governing systems, they must find another way. [...] [A] standpoint and a mindset for living on better terms than we’re offered; for living as if you had the necessity and the freedom to do so; for living in the acknowledgement, that despite the overwhelming power of all the systems of domination which are trying to kill us, they never quite become us. [...]

---

It thus exists in a particular imaginative space and temporality. This temporality is not the conventional one of utopian literature – ‘what might be’ – nor is it quite the conditional past (‘what could have been’) [...]. [I]n the temporality of what was almost or not quite yet; or what was present and at the same time yet to come. It tries to represent the traces of the remains of the past, or the future yet to come, as if in the present. [...]

The Chimurenga Library and Pan African Space Station put the question this way: ‘Can a past that the present has not yet caught up with be summoned to haunt the present as an alternative?’ What would happen if we understood that what haunts from the past are precisely all those aspirations and actions – small and large, individual and collective – that oppose racial capitalism and empire and live actively other than on those terms of order. These living haunts are part of the past the present hasn’t caught up with yet. This is what I mean by the idea of the utopian margins – an alternate civilisation crossing time and place, accumulating a kind of cultural and political surplus, as Bloch called it. Julius Scott called it ‘the common wind.’

---

Words of Avery F. Gordon. As interviewed by Brenna Bhandar and Rafeef Ziadah. “Revolutionary Feminisms: Avery F. Gordon.” As transcribed and published online in the Blog section of Verso Books. 2 September 2020. [Some paragraph breaks and contractions added by me.]

[vague-humanoid]

ISLETA PUEBLO, N.M. (Reuters) - As Detective Kathleen Lucero drives along a dirt road towards the Manzano mountains east of her New Mexico Native American village, she recalls the time earlier in her career when an elder told his family he was heading this way to water his cows. He didn’t come back.

It was back in 2009 when Lucero was a patrol officer, learning how to stop her people becoming part of the U.S. epidemic of missing and murdered indigenous women and relatives (MMIWR).

She filed a report on the elder. Her police chief told her that was not enough. Following that advice, she started networking with outside police agencies.

“We got a hit,” said Lucero, a member of a traditional Isleta family, whose mother disowned her for a week when she decided to join the pueblo’s police 17 years ago because she wanted to become an "advocate" for her people.

Nine hours after going missing on the Isleta Pueblo just south of Albuquerque, the elder was found over 400 miles away by an Oklahoma traffic cop after his car ran out of gas, Lucero said. He was showing early signs of dementia.

That case was an early lesson that Lucero took to heart.

These days, as Isleta Pueblo’s chief criminal investigator, Lucero does not judge a victim for doing drugs, or running away. She doesn’t wait for them to show up. She starts investigating, posting their name and photo on social media, calling law enforcement contacts, maybe even television stations. Since 2015 she has handled eight such cases, with seven people found alive and one still missing.

“I believe that somebody knows somebody, and it keeps networking,” said Lucero.

Her prioritization of missing people, backed by Isleta police chief Victor Rodriguez, is not the norm amongst U.S. and tribal law enforcement where a jurisdictional maze and lack of resources contribute to an estimated 4,200 indigenous cases remaining unsolved, according to over a dozen law enforcement officials and policymakers Reuters spoke to.

These gaps have led Native American police Reuters met with to take matters into their own hands, some forming their own missing units. Still, they remain a minority amongst tribes, most of which lack the funds and staff to make missing members a priority, according to law enforcement and lawyers.

Driven by decades of Native American activism, data showing the scale of the crisis, and the appointment of the United States' first ever Native American cabinet secretary Deb Haaland, the issue of missing indigenous people entered the U.S. mainstream in the last five years.

State taskforces, federal and local investigative units and data initiatives have sprung up, with tribal and federal law enforcement reporting improved coordination.

Even federal law enforcement officials admit that Native American police are severely underfunded by the federal government, which provides public safety to tribes through the Bureau of Indian Affairs (BIA). On many reservations and pueblos that leads to low staffing, substandard investigations or no investigations of missing cases.

[partly-hueman]

Ezra Miller - They/Them cover

How convenient is it that adherents of the ideology of the pedophile John Money, members of the Church of Transgenderism, have an easy out against any and all criticism by claiming special status as a member?

Ezra Miller, star of The Flash which comes out Friday, is one such guy. Using They/Them pronouns and claiming to be the imaginary "non-binary" he can commit crimes against women at will and will get very little media coverage. They cover for him and not about him.

He was arrested twice and accused of multiple instances of physical assault. He also faced allegations of brainwashing 18-year-old activist Tokata Iron Eyes and keeping her from her parents and received a temporary harassment-prevention order last June on behalf of a mother and her 12-year-old child in Massachusetts. In August, Vermont State Police tried to serve an emergency-care order to a different woman and her three children, who were reportedly living with the actor in “unsafe conditions” on a farm in Vermont. No news has emerged on whether the missing people have been located, but two months after the order was issued,��Miller was charged with felony burglary, stemming from an incident in which he broke into someone’s home and stole bottles of alcohol.

He's a classic groomer. In June 2022, Iron Eyes' parents filed legal documents asking a judge to issue an order of protection against actor Ezra Miller on her behalf, due to Ezra using "violence, intimidation, threat of violence, fear, paranoia, delusions, and drugs" including marijuana and LSD to hold sway over her. Although Iron Eyes is 18, due to tribal regulations Iron Eyes' parents are still considered her legal guardians.

Iron Eyes' parents claim that an inappropriate relationship began between the pair in 2016, during the Dakota Access Pipeline protests, when Miller was 23 and Iron Eyes was 12. They further claim, and photos document, that the year after the two met, Iron Eyes flew to London to visit Miller on the set of Fantastic Beasts and Where to Find Them. In 2021, she dropped out of school, allegedly to follow Miller. Iron Eyes' parents also alleged in the legal documents that Miller caused bruises on Tokata and that Miller had given Iron Eyes a large amount of LSD in 2020.

Her parents' countered by claiming their child does not control her social media. Iron Eyes stated in the video response that it's her own choice not to have a phone. As of June 10, 2022, law enforcement couldn't find Miller to serve him with the order .Miller then posted messages on his Instagram account mocking the court's attempts to find him, but has since deleted them.

In August, Miller's former music collaborator Oliver Ignatius stated that he had witnessed Miller verbally abuse Iron Eyes over her wearing makeup. Takota defended Miller by referring to the incident as "a catty comment" and a part of "queer dialogue"; she called the allegation of abuse "homophobic".

According to a September 2022 Vanity Fair article, the tribal court dismissed the request for a permanent protective order, and the parents say they withdrew their request for custody, believing the odds were stacked against them; the same article reports that Miller claimed to be Jesus, the devil, and the next Messiah while Iron Eyes believed herself to be a Native American spider goddess. The article also claimed that Miller and Iron Eyes believe their relationship will bring about a Native American revolution followed by the apocalypse.

Just to make it clear, he is not alleged to have committed any crime against a man only women. He uses his status as a actor and a they/them to hide that he is a groomer and an abuser.

[brookstonalmanac]

Events 4.3 (after 1970)

1973 – Martin Cooper of Motorola makes the first handheld mobile phone call to Joel S. Engel of Bell Labs. 1974 – The 1974 Super Outbreak occurs, the second largest tornado outbreak in recorded history (after the 2011 Super Outbreak). The death toll is 315, with nearly 5,500 injured. 1975 – Vietnam War: Operation Babylift, a mass evacuation of children in the closing stages of the war begins. 1975 – Bobby Fischer refuses to play in a chess match against Anatoly Karpov, giving Karpov the title of World Champion by default. 1980 – US Congress restores a federal trust relationship with the 501 members of the Shivwits, Kanosh, Koosharem, and the Indian Peaks and Cedar City bands of the Paiute people of Utah. 1981 – The Osborne 1, the first successful portable computer, is unveiled at the West Coast Computer Faire in San Francisco. 1989 – The US Supreme Court upholds the jurisdictional rights of tribal courts under the Indian Child Welfare Act of 1978 in Mississippi Choctaw Band v. Holyfield. 1993 – The outcome of the Grand National horse race is declared void for the first (and only) time 1996 – Suspected "Unabomber" Theodore Kaczynski is captured at his Montana cabin in the United States. 1996 – A United States Air Force Boeing T-43 crashes near Dubrovnik Airport in Croatia, killing 35, including Secretary of Commerce Ron Brown. 1997 – The Thalit massacre begins in Algeria; all but one of the 53 inhabitants of Thalit are killed by guerrillas. 2000 – United States v. Microsoft Corp.: Microsoft is ruled to have violated United States antitrust law by keeping "an oppressive thumb" on its competitors. 2004 – Islamic terrorists involved in the 2004 Madrid train bombings are trapped by the police in their apartment and kill themselves. 2007 – Conventional-Train World Speed Record: A French TGV train on the LGV Est high speed line sets an official new world speed record. 2008 – ATA Airlines, once one of the ten largest U.S. passenger airlines and largest charter airline, files for bankruptcy for the second time in five years and ceases all operations. 2008 – Texas law enforcement cordons off the FLDS's YFZ Ranch. Eventually 533 women and children will be taken into state custody. 2009 – Jiverly Antares Wong opens fire at the American Civic Association immigration center in Binghamton, New York, killing thirteen and wounding four before committing suicide. 2010 – Apple Inc. released the first generation iPad, a tablet computer. 2013 – More than 50 people die in floods resulting from record-breaking rainfall in La Plata and Buenos Aires, Argentina. 2016 – The Panama Papers, a leak of legal documents, reveals information on 214,488 offshore companies. 2017 – A bomb explodes in the St Petersburg metro system, killing 14 and injuring several more people. 2018 – YouTube headquarters shooting: A 38-year-old gunwoman opens fire at YouTube Headquarters in San Bruno, California, injuring three people before committing suicide.

[bllsbailey]

Nat'l Sheriffs' Association Endorses Kash Patel For FBI Director

U.S. President-elect Donald Trump’s nominee to be FBI Director, Kash Patel arrives for a meeting with Sen. John Kennedy (R-LA) he Dirksen Senate Office Building on December 11, 2024 in Washington, DC.

The National Sheriffs’ Association has endorsed Trump-nominee Kash Patel in becoming the next director of the Federal Bureau of Investigation (FBI).

In a letter to Senate Judiciary leaders on Monday, National Sheriffs’ Association (NSA) President Kieran Donahue praised Patel’s background to Senators Chuck Grassley (R-Iowa), and Dick Durbin (D-Ill.), the chair and ranking member of the Senate Judiciary Committee.

He highlighted Patel’s experience as a public defender in Florida’s Miami-Dade area, his experience as a federal prosecutor, and his experience as the national security adviser and senior counsel for the House Permanent Select Committee on Intelligence during Trump’s first administration.

Donahue also noted Patel’s commitment to transparency and collaboration with local law enforcement to tackle complex criminal threats.

“Mr. Patel’s service will undoubtedly prioritize the restoration of confidence in the Bureau through increased transparency, integrity, collaboration, and commitment to excellence. Mr. Patel promised NSA – if confirmed – his unwavering dedication to working hand in glove with local, state, tribal, and federal law enforcement at the rank-and- file and leadership levels. His commitment to the reciprocity of access-to-advise is essential to combating the most serious security and policing challenges ahead. We are certain Mr. Patel’s engagement will result in vital and effective partnerships nationwide to protect communities large and small,” Donahue wrote. 

Additionally, the letter criticized Biden Administration policies, maintaining that they have weakened law enforcement and border security by creating more opportunities for organized crime.

The letter urged the Senate to move quickly with Patel’s confirmation.

Stay informed! Receive breaking news blasts directly to your inbox for free. Subscribe here. https://www.oann.com/alerts

[biographyit]

FC platoons to be deployed in Kurram: KP govt

Barrister Saif says govt will soon commence process of providing compensation to affectees Security forces are deployed in a restive tribal area of Khyber Pakhtunkhwa bordering Afghanistan in this undated image. — AFP/File Two Frontier Constabulary platoons to be deployed for security: Saif. Recruitment of 400 police personnel approved, says KP govt spox. Process of providing compensation to…

[odnewsin]

Odisha: Three held for assaulting women over ‘religious conversion of tribals’

Balasore: Three people were arrested for assaulting two women over the allegation that they were attempting religious conversion of some tribal families in Odisha’s Balasore district, police said Monday. Two cases have been filed at Remuna police station in this regard and police arrested three people Sunday. The police action came after a video went viral showing two women being tied to a tree…

[daphenominchief]

Rubi et al. (Manguianes) vs. The Provincial Board of Mindoro G.R. No. 14078, March 7, 1919

FACTS:

Rubi and other Manguianes (also referred to as Mangyans) of the Province of Mindoro filed a petition for habeas corpus, alleging they were illegally deprived of their liberty by provincial officials.

The Manguianes were being held against their will on a reservation in Tigbao, Mindoro.

Dabalos, one of the Manguianes, was imprisoned for escaping from the reservation.

The provincial board of Mindoro had issued a resolution and the provincial governor issued an executive order mandating the Manguianes to take up habitation on a site in Tigbao, pursuant to Section 2145 of the Administrative Code of 1917. This section allows the provincial governor, with the approval of the Department Head, to direct non-Christian inhabitants to live on unoccupied public lands.

The provincial board and governor stated that these measures were necessary for the protection of the Manguianes, the protection of public forests, and to introduce civilized customs among them.

The petitioners challenged the validity of Section 2145 of the Administrative Code of 1917.

The Manguianes are described as a "savage, mountaineer, pagan, negro" people who are very low in culture. They are peaceful, timid, primitive, and semi-nomadic.

ISSUES:

Is Section 2145 of the Administrative Code of 1917 an unconstitutional delegation of legislative power to provincial officials?

Does the term “non-Christian” in Section 2145 constitute a religious discrimination?

Does Section 2145 violate the constitutional rights to liberty, due process of law, and equal protection of the laws?

Does the confinement of the Manguianes on a reservation constitute slavery or involuntary servitude?

Is the government’s action a valid exercise of police power?

Does the court have the authority to interfere with the government's policy towards non-Christian tribes?

Are the Manguianes entitled to a hearing before being confined to a reservation?

RULING:

Answer: The Supreme Court denied the petition for habeas corpus, holding that Section 2145 of the Administrative Code of 1917 is constitutional. The court found that the Manguianes were not unlawfully imprisoned or restrained of their liberty.

Legal Basis:

Delegation of Legislative Power: The legislature may delegate the execution of laws to executive departments or subordinate officials, with discretion as to the execution of the law, not the making of the law.

Definition of "Non-Christian": The term “non-Christian” refers to the degree of civilization and not religious belief. It refers to natives of the Philippine Islands of a low grade of civilization, usually living in tribal relationships apart from settled communities. The tests to determine if a tribe is "non-Christian" are their mode of life, degree of civilization, and connection with a civilized community.

Liberty, Due Process, and Equal Protection: Civil liberty is that measure of freedom that can be enjoyed in a civilized community and includes the right to be free from arbitrary personal restraint. Due process of law means there must be a valid law, it must be reasonable, it must be enforced by regular methods of procedure and it must be applied equally to all of a class. Equal protection of the laws is not violated by a statute applicable to all of a class.

Slavery and Involuntary Servitude: Slavery and involuntary servitude involve a condition of enforced, compulsory service of one to another. Confinement to a reservation does not constitute slavery or involuntary servitude.

Police Power: The State's police power includes the right to restrain liberty to promote health, peace, morals, education and good order of the people. The government can exercise sovereign police power for the general welfare and public interest.

Government Policy: Courts should be cautious in overruling the judgment of the legislature and should generally not interfere when political ideas are the moving consideration. The government has a policy to promote the advancement of the non-Christian population.

Doctrine of Constitutional Interpretation: The Constitution must be interpreted to achieve its purpose. The intent of the framers and the spirit of the Constitution must be taken into consideration.

Application:

The Court found that Section 2145 was not an unlawful delegation of legislative power because the legislature only gave the provincial governor discretionary authority to execute the law, not make the law itself.

The Court determined that the term “non-Christian” was not a religious discrimination, but a classification based on the degree of civilization of a group of people.

The Court held that the confinement of the Manguianes was not an arbitrary deprivation of liberty because such restraint was needed for their own good and the general welfare of the country. The measures also did not violate the due process of law because the statute existed, was reasonable, was enforced by regular methods, and applied to all of the class..

The court found that confining the Manguianes to a reservation did not constitute slavery or involuntary servitude because they were not compelled to work for another.

The Court stated that the government's action was a valid exercise of police power to promote the general welfare and public interest.

The Court emphasized that it should be cautious in interfering with the government's policy towards non-Christian tribes. It is the role of the legislature and the executive to formulate this policy.

The Court recognized that it was not practical to provide a hearing to each of the 15,000 Manguianes affected by the reconcentration order, given their mode of life and lack of fixed residence.

Conclusion: The Supreme Court upheld the constitutionality of Section 2145 of the Administrative Code of 1917, asserting that the confinement of the Manguianes to a reservation was a valid exercise of government power and did not violate their rights. The Court dismissed the petition for habeas corpus.

DOCTRINE OF THE CASE:

The term “non-Christian” as used in Philippine law, refers to a low level of civilization, not religious belief.

Legislative power can be delegated for the execution of a law, as long as discretion is given on how to carry out the law and not to make the law itself.

The police power of the state is broad enough to justify the restraint of individual liberty for the general welfare and the public interest.

Courts should exercise caution in interfering with government policy, particularly when political considerations are involved.

RATIO OF THE CASE:

The ruling emphasizes that the government has the right and duty to promote the advancement of its non-Christian population.

The decision underscores the government's authority to take measures, including restraining individual liberty, when necessary for the public good and the welfare of a particular group of people.

The Court's interpretation of the term "non-Christian" seeks to avoid religious discrimination, focusing instead on the level of civilization as a basis for legal classification.

The decision reflects a view that the judiciary should not unduly interfere with the policy decisions of the legislature and executive branches, particularly in matters concerning the management of diverse populations.

The ruling acknowledges that the concept of liberty is not absolute and may be restricted by law for the greater good of the community.

The decision is based on the principle that the government is justified in using a paternalistic approach to assist and regulate groups perceived to be unable to care for themselves.

The Court also emphasized the importance of the government's role in developing the resources of the nation and making its people more productive.

[tracknews1]

"Go & Resolve Your Ethnic & Inter Tribal Issues Through Peaceful Means" - Canada Govt Tells FGN

“Go & Resolve Your Ethnic & Inter Tribal Issues Through Peaceful Means” – Canada Govt Tells FGN Amaka has clarified her recent interaction with Toronto police, denying widespread reports that she was arrested or detained. The Nigerian national explained that she was not charged with any crime but was invited by the authorities after a report was filed by the Nigerian government. Amaka stated that…

[fatehbaz]

“That’s not realistic, that’s utopian!” [...] is often used as a bludgeon to manage proposals and people and actions that have gone too far out of bounds, so to speak. [...] There were good reasons to distrust and even dismiss the term utopian, although in my opinion, the main problem was not idealism and futurism, but rather the term’s deeply racialized historiography [...]. Not to put too fine a point on it, the extant meaning of the term treated the [...] colonialism that founded the so-called New World as a successful utopian enterprise while absenting entirely what Peter Linebaugh and Marcus Rediker call the “many-headed hydra” of the seventeenth-century “revolutionary Atlantic,” those slaves, maids, prisoners, pirates, sailors, heretics, indigenous peoples, commoners, etc. who challenged the making of the modern world capitalist system. Why hold onto a term in which its best practitioners are excluded?

There was a another kind of utopianism entailed by slaves running away, marronage, piracy, heresy, vagabondage, soldier desertion, and other illegible or discredited forms of escape, resistance, opposition and alternative ways of life that continued, of course, to challenge the modern racial capitalist system over time. This other utopianism lends to the term utopian a very different meaning, one rooted much more in the past and the present, and a very different notion of politics, one rooted in ongoing social struggles, in various forms of non-participation [...].

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Yet or also, there is widespread, daily, active open political opposition to all this at the scale at which people can contest it: protecting this group of migrants from arrest, confinement and deportation; organizing this strike among teachers in this city; defending this territory from oil drilling; filing law suits against a police department and so on; gathering in public to swear, shout, shake fists, confront the inevitably helmeted riot police. There is also widespread, daily, active, infrapolitical and even secret political opposition, which needs and wants to remain hidden. And there are also so many people, more and more in the western wealthy countries, looking for ways to think and live on different – better terms – and doing it in small ways, whether in local collectives, or in extended family units, with illegal housing and electricity, alternative currencies, in cities and on old tribal lands.

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What will happen we don’t know, of course. But more and more as people cannot participate in the existing economic and governing systems, they must find another way. [...] Solidarity, assistance, fellowship will be needed. [...] Being in-difference is [...] a mindset for living on better terms than we’re offered, for living as if you had the necessity and the freedom to do so, for living in the acknowledgement that, despite the overwhelming power of all the systems of domination which are trying to kill us, they never quite become us. [...]

We have to build ourselves – it’s not going to be given to us -– the infrastructure for life without or despite capitalism, a life in which we are not enclosed by values and modes of being together based on money and exchange values, status hierarchies, violence and force, alienation, racialization, and discipline to externally imposed standards. That job is enormous, complex, difficult [...]. But it must start with each individual, in common with others, learning to become “unavailable for servitude [...],” to use [...] Toni Cade Bambara’s words. This is the heart of the abolitionist imaginary, [...] so that the struggle to transform the world takes place immanently today now [...].

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Words of Avery F. Gordon. As interviewed by Krystian Woznicki. Published as: Avery F. Gordon and Krystian Woznicki. “Unshrinking the World: An interview with Avery Gordon on her recent book The Hawthorn Archive: Letters from the Utopian Margins.” transversal texts. February 2019. This interview was conducted as part of Berliner Gazette’s MORE WORLD project. [Bold emphasis and some paragraph breaks/contractions added by me.]

[townpostin]

Jharkhand Yuva Morcha Demands Arrest of AJSU Leader in Assault Case

The demand follows the alleged assault of a minor tribal girl and her mother by the leader. – Jharkhand Yuva Morcha demands arrest of AJSU leader Brijesh Singh in alleged assault case. – A delegation met the Kadma police chief over the delay in action. – FIR has been filed, and SC/ST Act provisions applied, says the police. JAMSHEDPUR – The Jharkhand Yuva Morcha has called for the immediate…

[longwindedbore]

Today in USA = “Unilateral Scams of Acrimony”

Idk about you but more and more it seems to me that “free speech” unilaterally grants a monopoly on hate speech.

A monopoly only to those who direct hatred at individuals and groups lower on the social ladder who are arguing for a more equitable and inclusive system

Case in Point:

Rich Scum attacking a law clerk for handing papers to the judge - part of every clerk’s job.

“Trump’s attorneys wrote in a filing Monday that the former president has never threatened the judge or his principal law clerk and they can’t be held responsible for actions taken by others.”

[It’s not Trump’s inflammatory rhetoric, the attorneys argue (🤮🤮bull 💩) but rather] “…the disturbing behavior engaged in by anonymous, third-party actors towards the judge and Principal Law Clerk…”

[A ‘third-rate actor’ they mean who starred in “Celebrity Ass-hole”?]

••••••••••••••••••••••••••••••••••••••••••

Once again Trump is teaching us lessons we’d rather not learn about the cesspool swamp in which we’re swimming:

All hate speech directed down ladder is never censored in the USA as it occurs.

Rarely for the hate speaker are there any legal outcome for or even social ostracizing of them - even when there are lethal consequences of their speech.

No consequences for an individual or a hate group for hate speech.

I know, I know - you are thinking, ‘but we have virtually unlimited freedom of speech to criticize up the ladder.

TRUE! BUT ONLY AS (ineffective) INDIVIDUALS

Whereas , what happens when any expression of mere anger is directed up ladder by a potentially effective self-organized GROUP of those lower on the social ladder?

That group and its speech is immediately crushed by legally censoring, social ostracizing, media indifference or the media expressing that libel concerns truncate coverage.

If the group takes it to the streets then ANY public group anger directed up ladder is met with the police who immediately demand the protest disband.

This pattern of censoring up ladder protest is carried out even by ostensibly Liberal local, State, or Federal administrations.

Amongst the General LIBERAL Public the validity of the criticism up ladder combined with a push for change lis often met with uncomprehending confusion. As Noam Chomsky or Bernie Sanders have experienced across six decades. But they aren’t censored since they have remained individual critics.

But have you seen the news report about self-organizing groups like Unions, the Black Panthers, anti-war student protesters BLM protesters Climate Catastrophe protesters? Peaceful protests until the riot cops show up.

Or the always violent response to Indigenous peoples group protests of incursions on Tribal lands by mining operations, lumbering operations, oil pipeline crossings, waste site dumping, water pilfering, etc.

A similar unilateral imbalance pattern down ladder occurs in freedom of assembly, freedom of the press, freedom to petition, even freedom of religion.

[citizenrecord]

Manipur cops arrest fifth accused in women disrobing case

According to police, he was seen prominently directing the mob at B. Phainom village of Kangpokpi district in the video.

IMPHAL: Police have arrested the fifth accused in connection with the video that surfaced on July 19 showing two women being paraded naked by a mob in strife-torn Manipur, police said.

The accused has been identified as a 19-year-old, police said.

The four who were earlier nabbed for disrobing and parading two women in Manipur on May 4 were remanded to 11-day police custody on Friday, police said.

The arrests were made on Thursday, a day after the 26-second video surfaced on July 19.

The house of the key accused in the case was torched on Thursday, hours after he was arrested by police.

According to police, he was seen prominently directing the mob at B Phainom village of Kangpokpi district in the video.

One of the women seen in the video is the wife of an ex-army man who had served in the Indian Army as a Subedar of the Assam Regiment and even fought in the Kargil War.

It may be recalled, that the complaint in connection with the viral video was lodged around a month ago, June 21, at Saikul police station in Kangpokpi district.

The FIR filed in this case, a copy of which has been seen by PTI, revealed the tale of mayhem which occurred before the abduction and shameful behaviour with tribal women, a video of which has now formed the basis of raids and arrests of people connected with the incident.

The FIR claimed that one person was killed by the mob as he tried to protect his sister from being raped on May 4 before the two were paraded naked and molested in front of others.

More than 160 people have lost their lives, and several have been injured since ethnic violence broke out in the state on May 3, when a ‘Tribal Solidarity March’ was organised in the hill districts to protest against the Meitei community’s demand for Scheduled Tribe (ST) status.

Meiteis account for about 53 per cent of Manipur’s population and live mostly in the Imphal Valley, while tribals, which include Nagas and Kukis, constitute 40 per cent and reside mostly in the hill districts.