Quotulatiousness

August 6, 2021

Fallen Flag — the Western Pacific Railroad

Filed under: Business, History, Railways, USA — Tags: , , , , — Nicholas @ 03:00

This month’s Classic Trains fallen flag feature in the Western Pacific Railroad by Arthur L. Lloyd. The first major railroad to bear the name Western Pacific was a short-lived corporation formed to build the furthest-west portion of the first transcontinental railroad between Sacramento and San Jose in California. It operated from 1862 until 1870 and at that point was merged into the Central Pacific. The second entity to bear the name began life as a plan by George Jay Gould (son of the famous — or infamous — Jay Gould) to create a western connection for the Gould-owned Denver and Rio Grande Western. D&RGW had lost access to its earlier western link with the Southern Pacific due to a Harriman-owned Union Pacific attempt to acquire the SP. The new Western Pacific Railway was formed in March 1903, although Gould attempted to hide his involvement in hopes of preventing further obstructions being thrown up by opponents like Harriman.

The Western Pacific company magazine Mileposts included this historical snippet in their 50th anniversary issue (courtesy of the Western Pacific Railroad Museum):

Virgil Bogue had become George Gould’s consulting engineer and recalling his surveys for the Union Pacific in the ’80’s, recommended Beckwourth Pass and the Feather River route. Remembering also an unhappy experience he had once had in locating any other road, only to find the whole route plastered with mining claims of dubious mineral value but through which rights of way must be negotiated, he advised Gould to form a “mining company” first. Accordingly the North California Mining Company was organized and soon nearly 600 placer claims were staked out, blanketing the entire proposed route across the mountains.

Gould turned the job over to the Denver and Rio Grande and its president, E.T. Jeffery, sent a field party under H.H. Yard west to locate the line. It was all top secret. The transit men and stake artists were forbidden even to let their wives know where they were. Letters could only be exchanged through the Denver office of the railroad. Two California corporations, the Butte and Plumas Railway and the Indian Valley Railway, were set up to be the figureheads.

[…]

George Gould still remained completely out of the picture and denied all connection with the project. Although he financed the new surveying parties that were immediately sent out to make the final location, he was forced, in the interests of this secrecy, to keep the Rio Grande engineers in the field as well. The absurd result was two hostile groups struggling to outwit each other and often on the point of exchanging pot shots, though both were actually on the same payroll.

After much chicanery and effort, the railway’s right of way through the Feather River Canyon, the next historically significant fight was securing access to the waterfront along San Francisco Bay, where the legal department of the Southern Pacific believed they had an ironclad monopoly of all the potentially useful access routes to salt water:

… the S.P. was fully confident that it would have but little difficulty in isolating the Western Pacific from a practical outlet on the Bay. The Santa Fe, only a few years before, had built its ferry slip way up at Point Richmond rather than attempt to crack the S.P. stronghold. Bartnett, after a hard struggle against the older railroad’s influence, did secure a small site on the mudflats of the Oakland Estuary. It would have made a miserably cramped ferry terminal but, from all appearances, the WP promoters had concluded it was the best they could do. Harriman’s forces sneered and relaxed. Gould’s were just beginning. Every move was carefully rehearsed and logistics figured to the last detail.

As the Oakland tidelands had gradually been filled in, the Government had extended the banks of San Antonio Estuary with rock quays called “training walls” in order to prevent silt from washing into the Oakland inner harbor channel. A dredger was often necessary to prevent the formation of a bar at the entrance of the channel. This dredger became the Trojan horse of the Gould attack.

On the night of January 5, 1906, the Western Pacific forces under Bartnett struck.

With 200 workmen and 30 guards armed with carbines and sawed-off shotguns, he used the dredging company as a front, and seizing the north training wall, began feverishly to lay a rough track. Most of the guards took up positions at the shore end of the U. S. training wall and maintained them night and day. Laborers snatched their sleep in shelter tents on the wave-washed rocks and the WP commissary department fed them. Scows rushed more rails and ties across the Bay to the end of the wall. Soon there was a mile of track on top of the rock wall.

Of course the Southern Pacific did not quietly accept this outrageous trespassing on domains it had held undisputed for more than half a century. Its legal department, fairly in convulsions, was whipping out the necessary papers for immediate appeal to the law. This was exactly what Bartnett had told Gould would happen and exactly what they both desired. For the courts, as Bartnett had felt sure they would, held that the Southern Pacific title to the waterfronts had not progressed westward with the shoreline as the tidelands and marshes had been filled in, but was valid only to the low tide line of 1852. The S.P.’s “waterfront” therefore was by now well inland, and the new marginal land surrounding it was the property of the city.

The city government was duly grateful to the new railway for almost literally liberating the city’s shoreline from the grip of the Southern Pacific. With most of the legal complications (and paramilitary solutions) out of the way, construction of the full line began in earnest, as Arthur L. Lloyd picks up the story:

Construction started in Salt Lake City. The line would be all 90-lb. rail and have no curve exceeding 10 degrees. To keep to the 1-percent maximum grade, the full-circle Williams Loop was built between Massack and Spring Garden, Calif., and another partial one, Arnold Loop, west of Wendover, Nev.

Work also went from Oakland eastward, and the last spike marking completion was driven on the bridge over Spanish Creek at Keddie, Calif., on Nov. 1, 1909. There was no ceremony. Section foreman Leonardo de Tomasso, age 25, did the honors with a standard steel spike. Arthur Keddie was still around, though. He rode WP’s first passenger train, and he spoke from the Plumas County Courthouse steps in Quincy, Calif., on Nov. 21, 1910.

WP was dispatched completely by train orders and timetable; its only block signals were on the paired track between Weso (Winnemucca) and Alazon (Wells) in Nevada, where eastbound WP and Southern Pacific trains used WP, while both roads’ westbounds used SP.

Route map of the Western Pacific, published in The Architect & Engineer of California and the Pacific Coast, 1905.

WP’s map was simplicity itself, highlighted by a main line from San Francisco Bay to Salt Lake City and a connection with the Rio Grande. The branch to Bieber, Calif., completed in the 1930s, connected to a Great Northern line.

August 8, 2017

Civil asset forfeiture in Las Vegas – kick’em while they’re down

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 05:00

C.J. Ciaramella summarizes the findings of a new report on civil asset forfeiture in Nevada, where the Las Vegas police have been profiting nicely by confiscating even from the poorest members of society:

Photo by Thomas Wolf, via Wikimedia.

When Las Vegas police seized property through civil asset forfeiture laws last year, they were mostly likely to strike in poor and minority neighborhoods.

A report [PDF] released last week by the Nevada Policy Research Institute (NPRI), a conservative think tank, found the Las Vegas Metropolitan Police Department raked in $1.9 million in asset forfeiture revenue in 2016. Two-thirds of those seizures occurred in zip codes with higher-than-average rates of poverty and large minority populations.

The 12 Las Vegas zip codes most targeted by asset forfeiture have an average poverty rate of 27 percent, compared to 12 percent in the remaining 36 zip codes. Clark County, Nevada, has an average poverty rate of 16 percent.

The 12 most targeted zip codes also have an average nonwhite population of 42 percent, compared to 36 percent in the other remaining zip codes.

Under civil asset forfeiture laws, police may seize property they suspect of being connected to criminal activity. The owner then bears the burden of challenging the seizure in court and disproving the government’s claims. Law enforcement groups say civil asset forfeiture is a vital tool to disrupt drug trafficking and other organized crime by cutting off the flow of illicit proceeds.

But a bipartisan coalition of civil liberties groups and lawmakers have been calling for the laws to be reformed, saying asset forfeiture’s perverse profit incentives and lack of safeguards leads police to shake down everyday citizens, who often lack the resources to fight the seizure of their property in court.

June 11, 2014

“None of the Above” wins Nevada Democratic primary

Filed under: Politics, USA — Tags: , , — Nicholas @ 08:35

NBC News reports the breakthrough for perennial candidate in Nevada:

Elections have historically been defined by their winners and losers — but on Tuesday a primary in Nevada returned a disheartening result for all the candidates: nobody won.

Voters in the state’s Democratic primary for governor were so unimpressed by the eight men on offer that the most popular option on the ballot paper was “none of these candidates,” which received 30 percent of the vote, according to figures from The Associated Press.

Democrat activists in the state acknowledged earlier this year that they had failed to find a credible challenger to face incumbent Republican Gov. Brian Sandoval, according to Politico. And it clearly showed at the polling stations, with more than 21,000 people turning out with the express purpose of saying “no thanks” to the sum total of their party’s would-be governors.

Unfortunately, Nevada state law doesn’t allow NOTA to be on the ballot for the general election:

If voters did in fact want an empty seat instead of a challenger to face Sandoval they will be disappointed: In second place behind “none of these candidates” was Robert Goodman, a man who has run twice before and this time received 25 percent of the vote. State law means he will be the Democratic candidate.

H/T to Popehat for the link.

April 17, 2014

Nevada standoff and the rule of law

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:25

I haven’t been following the situation in Nevada between the armed forces of the Bureau of Land Management and the armed citizenry in support of rancher Cliven Bundy, but while my sympathies normally go toward the individual rather than the state, this case doesn’t appear to be clear-cut (and Bundy is clearly in violation of the law to some degree). Kevin Williamson seems to be in the same general state of mind:

Deserts always feel like my natural habitat, and I am very fond of them. That being said, I have, for my sins, spent a fair amount of time in Clark County, Nev., and it is not the loveliest stretch of desert in these United States, or even in the top twelve. Protecting the pristine beauty of the sun-baked and dust-caked outskirts of Las Vegas and its charismatic fauna from grazing cattle — which the Bureau of Land Management seems to regard as an Old Testament plague — seems to me to be something less than a critical national priority. At the same time, the federal government’s fundamental responsibility, which is defending the physical security of the country, is handled with remarkable nonchalance: Millions upon millions upon millions of people have crossed our borders illegally and continue to reside within them. Cliven Bundy’s cattle are treated as trespassers, and federal agents have been dispatched to rectify that trespass; at the same time, millions of illegal aliens present within our borders are treated as an inevitability that must be accommodated. In practice, our national borders are a joke, but the borders of that arid haven upon which ambles the merry Mojave desert tortoise are sacrosanct.

[…]

The relevant facts are these: 1) Very powerful political interests in Washington insist upon the scrupulous enforcement of environmental laws, and if that diminishes the interests of private property owners, so much the better, in their view. 2) Very powerful political interests in Washington do not wish to see the scrupulous enforcement of immigration laws, and if that undercuts the bottom end of the labor market or boosts Democrats’ long-term chances in Texas, so much the better, in their view.

This isn’t the rule of law. This is the rule of narrow, parochial, self-interested political factions masquerading as the rule of law.

If we are to have the rule of law, then, by all means, let’s have the rule of law: Shut down those federal subsidies and IRS penalties in states that did not create their own exchanges under the Affordable Care Act — the law plainly does not empower the federal government to treat federal exchanges identically to state exchanges. And let’s enforce the ACA’s deadlines with the same scrupulosity with which the IRS enforces its deadlines. Let’s see Lois Lerner and a few hundred IRS employees thrown in the hole for their misappropriation of federal resources, lying to Congress, etc. — and let’s at least look into prosecuting some elected Democrats for suborning those actions. And if you want to get to the real problem with illegal immigration, let’s frog-march a few CEOs, restaurateurs, and small-time contractors off to prison for violating our immigration laws — and they can carry a GM product-safety manager and a National Highway Traffic Safety Administration executive under each arm. Let’s talk about enumerated powers.

H/T to Jon, my former virtual landlord, for the link.

March 14, 2012

EFF reports on most recent legal setback for former owners of Righthaven

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 11:26

It’s pretty much good news all the way through for bloggers and anyone else who quotes and links to material on the web:

Late Friday, the federal district court in Nevada issued a declaratory judgment that makes is harder for copyright holders to file lawsuits over excerpts of material and burden online forums and their users with nuisance lawsuits.

The judgment — part of the nuisance lawsuit avalanche started by copyright troll Righthaven — found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper’s website.

March 8, 2012

The “SteamPunkiest” railcar ever

Filed under: History, Railways, Randomness, Technology — Tags: , , — Nicholas @ 12:21

A few pictures from RR Picture Archives by Marty Bernard, showing the most Steampunk-appropriate railway vehicle, the McKeen Motor Car. This example is painted in Virginia & Truckee markings:

Click to see full size image at RR Picture Archives

(more…)

November 2, 2011

The decline and fall of Righthaven

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 08:40

Ars Technica has what should be the final legal chapter in the Righthaven saga:

Looks like it’s time to turn out the lights on Righthaven. The US Marshal for the District of Nevada has just been authorized by a federal court to use “reasonable force” to seize $63,720.80 in cash and/or assets from the Las Vegas copyright troll after Righthaven failed to pay a court judgment from August 15.

Righthaven made a national name for itself by suing mostly small-time bloggers and forum posters over the occasional copied newspaper article, initially going so far as to demand that targeted websites turn over their domain names to Righthaven. The several hundred cases went septic on Righthaven, however, once it became clear that Righthaven didn’t own the copyrights over which it was suing. Righthaven, ailing, was soon buffeted by negative court decisions as a result.

[. . .]

The appeals court has refused to act on Righthaven’s request to delay its August judgment further, and the money was due last Friday. When it didn’t show up, Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court’s enforcers, the US Marshals, to collect the money. The court clerk issued the writ today, and Righthaven’s $34,045.50 judgment has now ballooned to $63,720.80 with all the additional costs and fees from the delay.

I spoke to Marc Randazza this evening, who tells me, “We’re going to enlist the US Marshal in marking sure this court’s order has some meaning.” He looks forward to heading over to Righthaven’s offices as soon as possible. Should Righthaven not have the cash in its bank accounts, the writ allows Randazza to “identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order.”

The degree of threat that Righthaven and other lawfare groups posed to bloggers and anyone else who quoted material on the internet was discussed back in May.

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