SUFFICIENT UNTO THE DAY PEAR CAKE

Geranium

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

How does the average citizen live in little Macondo by the Potomac? Does she spent her entire time speaking truth to power? Does she have no life beyond tilting at windmills or does she cultivate friendships, tends her garden, bakes cakes, works on her murder mystery novels where she can kill very bad people in amusing ways? Reader, she schmoozes, she gardens, she bakes and she writes. Yeah, verily yeah.
The garden is nearly submerged after three days of rain. Tree peonies droop, lilacs shiver, roses refuse to unfurl their leaves. The Oaxaca tomato seedlings plead for rebozos and the Bulgarian pepper seedlings sulk. It is a soggy, time.
There is much one can do in soggy times. One can start one's annual re-reading of War and Peace, skipping the military battles one so disliked the first time round. One listen to the notion that Monopoly should last forever and that chess games should end quickly. One can cook Persian chicken with sour cherries to be served with red Himalayan rice and a nice Pinot Grogio. One can write a check to Magen David Adom or one's charity of choice, such as the Heifer Project. One can watch a movie, though not the Vietnamese Buffalo Boy which is as soggy is all get out and possibly even more boring than the soporific The Scent of Green Papaya. My own choice would be the delightful Blame it Fidel.

When it rains incessantly, one can write distant friends real letters in handmade Italian paper, penned with a fountain pen loaded with J. Herbin ink. One can transfer all of the photos on one's hard drive to Photobucket, Picasa or Flicker. One could study quantum physics, Sanskrit, The Art of War. Conversely, one can bake pear bread.

SUFFICIENT UNTO THE DAY PEAR BREAD
Butter a bread pan. Preheat oven to 350.

Take two mushy pears, peeled and seeded and squish them into a pulp
Add three peeled bananas and squish them into a pulp
Add one teaspoon double vanilla
Three tablespoons vegetable oil
Add one cup sugar
Add two eggs
Beat the above ingredient together. Reserve.


Sift together one and a half cups flour, one tablespoon baking powder, half teaspoon salt, one teaspoon Saigon cinnamon, half a teaspoon freshly grated nutmeg. fruit, flour and sugar mix. Beat thoroughly. Add one cup chopped English walnuts. Decorate with with rose geranium leaves. Pour mix into bread pan and bake for 50 minutes. Invite congenial friends for tea and serve with copious amounts of Lapsang Souchong. Do not discuss noise pollution or global politics.

THE LEGAL BASIS OF THE RIGHT TO QUIET

"...the CIA suspended self-described “enhanced interrogation techniques." “Enhanced interrogation techniques,” according to an unnamed CIA official, are... “light and noise bombardment,” “sleep deprivation..."
Mark Semmel, Assistant Professor Department of Criminal Justice Sacred Heart University.














































































Citizen's arrest
Definition: an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence.

Also see the American bar Association site for more information,
abanet.org
This, from Google's Legal dictionary,
"The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.
Public Nuisance
The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience, or welfare of a community. Violators may be punished by a criminal sentence, a fine, or both. A defendant may also be required to remove a nuisance or to pay the costs of removal. ... A public nuisance interferes with the public as a class, not merely one person or a group of citizens. No civil remedy exists for a private citizen harmed by a public nuisance, even if his or her harm was greater than the harm suffered by others; a criminal prosecution is the exclusive remedy...Some nuisances can be both public and private in certain circumstances where the public nuisance substantially interferes with the use of an individual's adjoining land....
Private Nuisance
A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred.
An attractive nuisance is a danger likely to lure children onto a person's land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.
Trespass is sometimes confused with nuisance, but the two are distinct. A trespass action protects against an invasion of one's right to exclusive possession of land. If a landowner drops a tree across her neighbor's boundary line she has committed a trespass; if her dog barks all night keeping the neighbor awake, she may be liable for nuisance.
Legal Responsibility
A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendant's fault, whether there has been a substantial interference with the plaintiff's interest, and the reasonableness of the defendant's conduct.
Fault Fault means that the defendant intentionally, negligently, or recklessly interfered with the plaintiff's use and enjoyment of the land or that the defendant continued her conduct after learning of actual harm or substantial risk of future harm to the plaintiff's interest. For example, a defendant who continues to spray chemicals into the air after learning that they are blowing onto the plaintiff's land is deemed to be intending that result. Where it is alleged that a defendant has violated a statute, proving the elements of the statute will establish fault.
Substantial Interference The law is not intended to remedy trifles or redress petty annoyances. To establish liability under a nuisance theory, interference with the plaintiff's interest must be substantial. Determining substantial interference in cases where the physical condition of the property is affected will often be fairly straightforward. More challenging are those cases predicated on personal inconvenience, discomfort, or annoyance. To determine whether an interference is substantial, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff cannot, by putting his or her land to an unusually sensitive use, make a nuisance out of the defendant's conduct that would otherwise be relatively harmless.
Reasonableness of Defendant's Conduct If the interference with the plaintiff's interest is substantial, a determination must then be made that it is unreasonable for the plaintiff to bear it or to bear it without compensation. This is a Balancing process weighing the respective interests of both parties. The law recognizes that the activities of others must be accommodated to a certain extent, particularly in matters of industry, commerce, or trade. The nature and gravity of the harm is balanced against the burden of preventing the harm and the usefulness of the conduct.
The following are factors to be considered:
Extent and duration of the disturbance;
Nature of the harm;
Social value of the plaintiff's use of his or her property or other interest;
Burden to the plaintiff in preventing the harm;
Value of the defendant's conduct, in general and to the particular community;
Motivation of the defendant;
Feasibility of the defendant's mitigating or preventing the harm;
Locality and suitability of the uses of the land by both parties.
Zoning boards use these factors to enact restrictions of property uses in specific locations. In this way, zoning laws work to prohibit public nuisances and to maintain the quality of a neighborhood.
Defenses
In an attempt to escape liability, a defendant may argue that legislation (such as zoning laws or licenses) authorizes a particular activity. Legislative authority will not excuse a defendant from liability if the conduct is unreasonable.
A defendant may not escape liability by arguing that others are also contributing to the harm; damages will be apportioned according to a defendant's share of the blame. Moreover, a defendant is liable even where his or her actions without the actions of others would not have constituted a nuisance.
Defendants sometimes argue that a plaintiff "came to a nuisance" by moving onto land next to an already operating source of interference. A new owner is entitled to the reasonable use and enjoyment of his or her land the same as anyone else, but the argument may be considered in determining the reasonableness of the defendant's conduct. It may also have an impact in determining damages because the purchase price may have reflected the existence of the nuisance.
Remedies
Redress for nuisance is commonly monetary damages. An Injunction or abatement may also be proper under certain circumstances. An injunction orders a defendant to stop, remove, restrain, or restrict a nuisance or abandon plans for a threatened nuisance. In public nuisance cases, a fine or sentence may be imposed, in addition to abatement or injunctive relief.
Injunction is a drastic remedy, used only when damage or the threat of damage is irreparable and not satisfactorily compensable only by monetary damages. The court examines the economic hardships to the parties and the interest of the public in allowing the continuation of the enterprise.
A Self-Help remedy, abatement by the plaintiff, is available under limited circumstances. This privilege must be exercised within a reasonable time after learning of the nuisance and usually requires notice to the defendant and the defendant's failure to act. Reasonable force may be used to employ the abatement, and a plaintiff may be liable for unreasonable or unnecessary damages. For example, dead tree limbs extending dangerously over a neighbor's house may be removed by the neighbor in danger, after notifying the offending landowner of the nuisance. In cases where an immediate danger to health, property, or life exists, no notification is necessary.

Land-Use Control; Tort Law.
Sources=Sources 8388608;weal()
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
nuisance n. the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Nuisances can include noxious smells, noise.... If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content.
SocialNetworks('Link to this page:')

Link to this page:

UPDATE
The mayor tells me that he is on the job. He and the po-po have spoken sternly to the hooligans. Problem is that they have not been able to collect evidence, therefore no arrests have been made.
My representative says it ain't his jurisdiction. Thhat leaves the Huffpo, the Washpo, the Right to Quiet Organisation, The Ggeorgetown Center for Social Justice, and the Noise Pollution Clearing House.



Yo, Homeland Security! Any interest in catching a bunch of noisy jocks? You can use them to torture enemy aliens. I will sell my house cheaply, if you need a torture center, the jocks can shatter the decibel meter, enemies will cave, I will get money. It is all good, no?

A town is only as good as its citizens. Restore the social contract!

Sometimes I feel compelled to speak truth to power although in my experience all i get out of it is the satisfaction of having spoken out. Today I sent this e-mail to the ombudsman of The Washington Post. What do you want to bet that I will get a response--a buck? I am not holding my breath. Big city media has bigger fish to fry. In fact, small town media is not frying this particular fish at all and I am afraid that citizen journalism has yet to register on the consciousness of town officials. Anyway, here it is is, such as it is. Wait--is that a Post reporter knocking on my door. This is not about me, mind you. This is about rich and poor, voiceless and vocal, town and gown, city and small town., This is is not Darfur, but it is, damn it, in its own way, universal.


"Dear Mr. Alexander,
The Post has given Shepherdstown much positive publicity in the past. I feel that it has played a role in attracting tourists to with its coverage of the Contemporary American Theater Festival and by painting an overall rosy picture of the community.
I wonder if you would consider calling your reporters' attention to the fact the Shepherdstown has a whole 'nother side that might be of interest to readers of your paper. I call your attention to the article about athletes in the current issue of Shepherd University's The Picket. University students' hooliganism and its effects on permanent residents of this community is just one of the ugly little truths yet to get any air time in Post. Add to that the drug trade,untrained, ill paid police force--Shepherdstown does not have 27/7 police coverage. response time is said to be thirty minutes minimum-- the push to gentrify neighbourhood to the exclusion of the elderly, the poor and racial minorities and these folks from the met area who see only the cute sight of our little Brigadoon might be better prepared to make an informed decision when they look for housing in our little Brigadoon. For example, due to unplanned growth, town residents will have to pay for a new water plant in the near future. The cost has to be absorbed not only by transplanted DC are DINKS but by residents living below the poverty level."
cc: Shepherd University President and Board of Governors, Mayor and Town Council, and our representative, at Charleston, WV. Gotta go. A bevy of pols is on a fact finding mission to find out if we actually have crime in the lusty little village. This, I gotta see.

Pastel pansies interplanted with physocarpus ( ninebark) Diavolo and heuchera (coral bells) Plum Pudding.

Self-seeded White Czar viola serendipitously partners variegated vinca.

French Edith Cavell one of three white lilacs in my garden.

VIEW FROM MY ROOM

There are times when my garden makes up for every disappointment it has visited upon me throughout the years. This is one of them, thanks, mostly to a rampant Chinese wisteria planted twenty years ago along with cedar trees, vanilla scented Clematis montana, May Queen and New Dawn roses. The clematis and May Queen rose have perished and so have two cedar trees that were meant to frame the lily pool facing the rose arbor. The New Dawn rose and the remaining cedars seem to be tough enough to survive the wisterias suffocating embrace and on cool cloudy days their reflection on the dark water pleases the selective eye.
Mine is a nearly wild garden with no discernible design. Whatever I have tried to grow in this half acre where there were at first only wild cherry, maple and sugarberry trees, either dies a quick death or grows with such vigor I fear that someday visitors will have to hack a path to my door. Rosa fortuniana, found in a mandarin's garden by one of the first Englishmen to visit China, is not meant for West Virginia, according to the nurseryman from whom I bought it.
"It will not survive Zone 6 winters," he said.
He was mistaken. Fortuniana has grown steadily, clinging to a brick chimney to sprawl on the roof of my two-story house. I find its tenacity inspiring.