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MY'STORY

The MOVE Fire

This is a personal recollection on the Move fire on May 13, 1985 Philadelphia police fired thousands of rounds at the MOVE house, city officials approved dropping an explosive device on the roof, the resulting fire was allowed to burn, 11 people—including five children—died, and 61 homes were destroyed. Philadelphia City Council later called it a “brutal attack carried out by the City of Philadelphia on its own citizens” and acknowledged that no individual faced criminal consequences for the bombing. One timeline correction worth preserving for the BHP record: the major previous MOVE-police confrontation was August 8, 1978, about seven years before the bombing, not a year or two earlier. Officer James Ramp was killed, other police and firefighters were wounded, nine MOVE members were later convicted, and television cameras recorded police beating Delbert Africa during his arrest. The 1985 MOVE Commission later specifically criticized city planners for failing to adequately use lessons from that 1978 confrontation. And that actually strengthens the point you’re making: 1985 did not happen without precedent or institutional memory. There had already been a deadly confrontation with MOVE, years of conflict, negotiations and police involvement before Osage Avenue.

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BLACK FACTS
The Truths They Never Taught You...

The Violence That Helped Spark the NAACP

In August 1908, a white mob attacked Springfield, Illinois’s Black community, destroying homes and businesses and lynching two Black men. National outrage over the violence helped spur the movement that created the NAACP the following year.

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BHP gathered finds from its connected research sources. Showing the 4 strongest Black History matches.
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Wikipedia

Holden v. Hardy

Holden v. Hardy
Argued October 21, 1898
Decided February 28, 1898
Full case nameHolden v. Hardy, Sheriff
Citations169 U.S. 366 (more)
18 S. Ct. 383; 42 L. Ed. 780; 1898 U.S. LEXIS 1501
Case history
PriorWrit of habeas corpus denied; Holden remanded to custody of Sheriff Hardy
SubsequentNone
Holding
Laws limiting working hours in mines and smelters are a legitimate and constitutional exercise of the state police power because of the inherent danger of such work.
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · Horace Gray
David J. Brewer · Henry B. Brown
George Shiras Jr. · Edward D. White
Rufus W. Peckham · Joseph McKenna
Case opinions
MajorityBrown, joined by Fuller, Harlan, Gray, Shiras, White, McKenna
DissentBrewer, Peckham
Laws applied
Fourteenth Amendment; Utah state law

Holden v. Hardy, 169 U.S. 366 (1898), is a US labor law case in which the US Supreme Court held a limitation on working time for miners and smelters as constitutional.

Facts

[edit]

In March 1896, the Utah state legislature passed a law that limited the number of work hours for miners and smelters.

A few months later, Salt Lake County Sheriff Harvey Harden arrested Albert Holden, the owner of Old Jordan Mine, for breaking that law. He charged him with forcing two of his workers to work much longer than eight hours. Holden admitted to making his workers work longer hours, but he argued that the Utah law was unconstitutional because it prevented individuals from making contracts with each other. In addition, Holden argued that the law prevented him from having both property and liberty without due process, and the law also singled out managers in the mining industry by preventing them from equal protection of the laws. Holden was found guilty and fined $50, which he refused to pay, and so he ended up serving a jail sentence of 57 days.[1]

Meanwhile, Holden appealed the case to the Utah Supreme Court and focused on the part of the Utah Constitution that protect the freedoms of labor. Holden argued the Utah Legislature had no right to pass any law restricting how many hours people can work in a day. The Utah Supreme Court disagreed with him, sided with the legislature, and explained that mining and smelting was dangerous: "prolonged effort day after day... will produce morbid, noxious, and often deadly effects in the human system." Therefore, limiting hours of that kind of work was necessary.

Holden then appealed to the U.S. Supreme Court, which agreed to hear oral arguments on October 21, 1897.

Judgment

[edit]

The Supreme Court, in a majority opinion by Henry Billings Brown, held the Utah law was a legitimate exercise of the police power since there was indeed a rational basis, supported by facts, for the legislature to believe particular work conditions were dangerous. It distinguished the case from laws imposing universal maximum hour rules, which would be unconstitutional under the Due Process Clause of the Fourteenth Amendment:

The legislature has also recognized the fact, which the experience of legislators in many states has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules, and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the legislature may properly interpose its authority.

Reactions

[edit]

In 1916, future Chief Justice William Howard Taft praised Brown's decision for its recognition of social reform.[2]

See also

[edit]

References

[edit]
  1. ^ "U.S. Reports: Holden v. Hardy" (PDF).
  2. ^ William Howard Taft, The Attacks on Our Courts and Legal Procedure, Kentucky Law Journal, Vol. 5, No. 2, p. 3 (1916).
[edit]
  • Wikisource logo Works related to Holden v. Hardy at Wikisource
  • Text of Holden v. Hardy, 169 U.S. 366 (1898) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress

Source: Wikipedia. Article content is retrieved live through the MediaWiki API.

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Wikipedia

Holden v. Hardy

Holden v. Hardy, 169 U.S. 366 (1898), is a US labor law case in which the US Supreme Court held a limitation on working time for miners and smelters as constitutional.

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Wikipedia

Love Finds Andy Hardy

Love Finds Andy Hardy is a 1938 American romantic comedy film directed by George B. Seitz and produced by Metro-Goldwyn-Mayer. It stars Lewis Stone, Mickey Rooney, Judy Garland, Cecilia Parker, and Fay Holden, with Lana Turner, Ann Rutherford, Mary Howard and Gene Reynolds in supporting roles. The story follows teenager Andy Hardy, who becomes entangled with three different girls at once. The screenplay was written by William Ludwig, from stories by Vivien R. Bretherton, and based upon characters created by Aurania Rouverol. It was the first film in which MGM recorded at least part of the soundtrack in stereophonic sound, a practice which was used for a number of the studio's musical comedies beginning the late 1930s. The film was presented in standard monaural sound. Love Finds Andy Hardy was released on July 22, 1938, and was distributed by Loew's Inc. The film was commercially successful and grossed over $2.2 million at the box office. In 2000, the film was selected for preservation in the United States National Film Registry by the Library of Congress as being "culturally, historically, or aesthetically significant".

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Wikipedia

Powell v. Alabama

Powell v. Alabama, 287 U.S. 45 (1932), is a landmark United States Supreme Court decision in which the Court reversed the convictions of nine young black teenagers for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. Powell was the first time the Court had reversed a state criminal conviction for a violation of a criminal procedural provision of the United States Bill of Rights. In effect, it held that the Fourteenth Amendment Due Process Clause included at least part of the right to counsel referred to in the Sixth Amendment, making that much of the Bill of Rights binding on the states. Before Powell, the Court had reversed state criminal convictions only for racial discrimination in jury selection — a practice that violated the Equal Protection Clause of the Fourteenth Amendment. Powell has been praised by legal scholars for upholding the American adversarial system in respect to criminal law since the system "relies upon attorneys to hold the state to its burden" which is harder to maintain if the defendants have ineffective assistance of counsel.

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Wikipedia

Andy Hardy

Andrew "Andy" Hardy is a fictional character best known for the Metro-Goldwyn-Mayer series of 16 films in which he was played by Mickey Rooney. The main film series was released from 1937 to 1946, with a final film made in 1958 in an unsuccessful attempt to revive the series. Hardy and other characters initially appeared in the 1928 play Skidding by Aurania Rouverol. Early films in the series were about the Hardy family as a whole, but later entries focused on the character of Andy Hardy. Rooney was the only member of the ensemble to appear in all 16 films. In their time, the Hardy films were enormously popular, sentimental light comedies celebrating ordinary American life.

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TOPIC OF THE DAY

Greenwood / Black Wall Street

Before the 1921 destruction of Tulsa’s Greenwood District, Black residents had created a remarkable center of business and community life. The district included stores, professional offices, entertainment venues and homes owned by Black citizens. Understanding Greenwood means learning what was built—not only what was burned.

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TRIVIA QUESTION OF THE DAY

Which Supreme Court case ruled state-sponsored public-school segregation unconstitutional?

Brown v. Board of Education in 1954.