Wednesday, October 25, 2006

WI DNR: Licensed to Do Whatever It Wants to Do

Preposterous? Inane?

Well, it's the opinion of some Blackrobes. YOU decide:

The DNR can enforce actions against oversized piers, even if no one complains about them. The Wisconsin Court of Appeals on Oct. 10 held that, notwithstanding agency rules to the contrary, the DNR’s obligation to protect the public trumps the rule.

Here's the background story:

Thomas and Michele Baer own lakefront property in Vilas County, and maintained two piers on the lake.

In November 1999, an agent from the Department of Natural Resources visited the area to inspect a boat shelter the Baers had built on their property. In the process of viewing the boat shelter, the agent observed that the piers exceeded the dimensions allowed by the DNR without a permit.

When the Baers failed to take action to reduce the size of the piers, the DNR commenced an enforcement action, pursuant to sec. 30.03(4)(a), which authorizes such an action, “[i]f the department learns of a possible violation of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters.”

An administrative law judge ordered that the piers be reduced in size. The Baers petitioned for judicial review, and Rock County Circuit Court Judge John W. Roethe vacated the orders, concluding that the DNR lacked authority to bring the action because a department employee first discovered the alleged pier violations on her own, rather than as a result of a third-party complaint or a request from the pier owner for information or a permit.

The DNR appealed, and the court of appeals reversed, in a decision by Judge David G. Deininger.

...The Baers also emphasized that sec. 30.02(4) repeatedly uses the term “may” in referring to the DNR’s authority to bring an enforcement action. Thus, they argued that the Legislature has empowered the DNR to limit its exercise of enforcement authority.

Rejecting the argument, the court concluded, “A far more reasonable reading of ‘may proceed’ in sec. 30.03(4) is that the legislature intended to imbue the Department with a degree of prosecutorial discretion by permitting it, in individual cases, to achieve compliance with Wis. Stat. Ch. 30 by means other than administrative enforcement actions.”

Of course the question of "oversize piers" remains in debate.

HT: Random10

Milwaukee Grinch-List

The Milwaukee Aldermen who voted AGAINST calling it a Christmas Tree:

Common Council President Willie Hines Jr. and Aldermen Ashanti Hamilton, Bauman, D'Amato and McGee-[Jackson.]

Gay "Marrige" in New Jersey?

The American Spectator blogsite:

At about 3:00 PM Eastern Time, the Supreme Court of New Jersey will be issuing a ruling in Lewis v. Harris, in which seven gay couples have sued the state, demanding marriage certificates. Judging by the oral argument from February, which you can watch online, the plaintiffs have a very good chance of prevailing.

Apparently New Jersey does NOT have the protection afforded by a constitutional amendment such as the one on the ballot here in Wisconsin.

Vote YES, .....duh....

Charlie Makes the WaPo!

In an article not exactly favorable to the Pubbies, Charlie appears:

Charlie Sykes, a Milwaukee host, told Bartlett during an interview: "If the Republicans lose control of the House, they won't have anybody but themselves to blame."

...Sykes said that "we've spent the last nine months being disappointed with the administration and being disillusioned." But now, he said, "people are getting more focused on the choice. . . . I don't think the Democrats have an alternative vision."

Next thing, he'll be off to LA...with shades, "people," you know...

Tuesday, October 24, 2006

Massingale Cancelled, and Strange Lacunae

So at around 7:00 yours truly hauls through the parking lot at St John's. Counted cars, because there would be a "magic flyers" assignment--the news item would appear on all those cars' windshields during the lecture on Dissent.

Got back from Kinko's and most of the cars were gone. A few people (quite old, by the way) were standing around outside.

The lecture was cancelled. Awwwwww......

OK. The Strange Lacunae.

Go back and read the article from the Catholic Herald. Go almost to the end. See this 'graf:?

In writing the letter, Archbishop Dolan said he and the other signers, Bishops Robert C. Morlino of Madison; David A. Zubik of Green Bay; Raphael M. Fliss of Superior and Jerome E. Listecki of La Crosse, wanted to help shine light of the Gospel on what seems to be a controversial issue.

Notice anything? Read it again and count the Bishops of Wisconsin.

NOW you get it, right?

Were Weakland and Sklba out of town?

You're old enough. Draw your own conclusions.

Massingale at St John Vianney 10/24th

An emailer advises that Fr. Massingale, a dissenter from Abp. Dolan's position on the Homosex Marriage Amendment, will be spreading the smoke of Satan around St. John Vianney parish in Brookfield this evening. A Canonical prohibition on homosex "Marriage" can be found here (scroll down to the end).

There is apparently some unhappiness among parish members.

"Unhappiness" at St. John's would not be news. Fr. Len Van Vlaenderen, the Pastor, is VERY close to the former Archbishop of Milwaukee, and had invited Abp. Weakland to confirm a group at St John's a couple of years ago--just after Abp. Weakland resigned in disgrace.

There was a revolt. Unhappy parish members made it clear that they did NOT want Abp. Weakland anointing their children. Fr. Van Vlaenderen pouted loudly--but Weakland was dis-invited.

Fr. Len was appointed pastor at St John's by Rembert Weakland. St John's is a wealthy parish whose members eat well. It's called a "plum."

Reportedly Van Vlaenderen has advised the Youth Group that "they should not let the Church tell them how to vote;" that their "informed" conscience should "guide them" in the voting booth.

Presumably, Fr. Massingale will "inform" the consciences of those who show up tonight.

Musica Sacra since 1969

This article has been referenced numerous times in the last 10 days, but was not available online until this morning.

A well-known and highly respected Scots composer, James MacMillan:

In recent times the Church has developed uneasy relations with its musicians. Growing up in the 1960s and 70s I was aware of a creeping separation between my serious engagement with the study of music, the application and practice of assiduously honed skills, and what the Church seemed to need and want for its liturgy.

I soon discovered that most serious Catholic musicians were being repulsed by an increasingly rigid misinterpretation of the Second Vatican Council’s reforms on music. Clergy and "liturgists" began expressing a scarcely veiled disdain for the very expertise and learning that musicians had sought to acquire. Serious musicians were more and more caricatured as elitists, reactionaries and Tridentinists by a new philistinism in the Church. Many of those who were not subdued into a state of quietism defected to Anglican and Lutheran parishes where their skills as organists, choral directors and singers were greatly appreciated.

These other churches now regard the Catholic Church as having engaged in a cultural vandalism in the 1960s and 70s – a destructive iconoclasm which wilfully brought to an end any remnant of its massive choral tradition and its skilful application to liturgical use. In short, music in the Catholic Church is referred to with sniffs of justified derision by these other denominations which have managed to maintain high standards of music-making in their divine services.

No question about it. And serious musicians who could quote Paras. 36 & 54 from the Document on the Liturgy were considered dangerous infiltrators.

But the author is optimistic:

There is a new momentum building in the Church which could be directed to bringing about this new, creative “reform of the reform”. Part of that momentum comes from a widespread disgust at what was described recently as “aisle-dancing and numbskull jogging for Jesus choruses at Mass”. The days of embarrassing, maudlin and sentimental dirges such as “Bind us together Lord” and “Make me a channel of your peace” may indeed be numbered.

Are we seeing the end days for overhead projectors, screaming microphones and fluorescent lighting and their concomitant music, complete with incompetently strummed guitars and cringe-making, smiley, cheesy folk groups?

Or even less desirable ones...

Liturgy as social engineering has probably repulsed more people from the modern Catholic Church than any of the usual list of “social crimes” trotted out by the Church’s critics. Like most ideas shaped by 1960s Marxist sociology, it has proved an utter failure. Its greatest tragedy is the wilful, de-poeticisation of Catholic worship. Our liturgy was hi-jacked by opportunists who used the vacuum created by the Council to push home a radical agenda of de-sacralisation and, ultimately, secularisation.

The Church has simply aped the secular West’s obsession with “accessibility”, “inclusiveness”, “democracy” and “anti-elitism”. The effect of this on liturgy has been a triumph of bad taste and banality and an apparent vacating of the sacred spaces of any palpable sense of the presence of God. The jury is still out on any “social gains” achieved by the Church as a result

Ah, yes.."inclusiveness." Gay Marriage, anyone? "Dumbing Down" the schools, anyone?

He cites not only SC, but Musicam Sacram, affirming Chant, choirs, polyphony...

It is clear, therefore, that Vatican II did not abolish choirs, the great choral tradition, Gregorian chant, organs, prayerful liturgy, or even Latin. In fact as the documents make clear here, all these things are positively encouraged. So who did abolish them?

In this country, we could start with the Bishops' Committee on the Liturgy, which was first chaired by Rembert Weakland, OSB...

How D'Ya Like Doyle's Tax "Freeze" Now???

Hey--don'tcha know Doyle signed a tax Freeze?

Whassamatta you?

The Elmbrook School Board will vote tonight on a final 2006-'07 budget that includes a 5% increase in the school property tax levy - the largest levy increase in four years.

An increase in the property tax for Milwaukee schools that is more than double what was envisioned last spring ...But now that the actual figures for state aid are completed and other totals have been adjusted by changed circumstances, the increase has risen to 7.7%.

By the way, search that JSOnline article about the State's contribution to the Milwaukee public schools as often as you like. You won't find out how much the State sends.

Interesting, no?

Monday, October 23, 2006

Today's Anniversary

On this day in history, 1956:

...the start of the Hungarian Revolution, in which the heroic people of Hungary rose up against their Soviet oppressors and by force of arms established freedom for a brief but golden span of days before the U.S. government's behind-the-scenes betrayal and Communist treachery and slaughter overwhelmed them.

A date you (and I) SHOULD have known.

HT: LACatholic

New Link

Yup.

For the confused, the forlorn--and for those who wish to maintain a vestige of Natural Law here in Wisconsin, there's a link to the right. Click on it to get to "Vote Yes" website.

HT: NeoConTastic

Charlie Sykes: Gullible? Kind? Nice?

Charlie's a very kind guy, I guess.

In the last few weeks, the gay-marriage crowd has been running a commercial with a bucolic scene. The text is very sparse, but what it does say, '...vote NO and nothing will change...' is deceptive in the extreme.

Over the weekend, a blogger told me that a number of conservatives are under the impression that they should vote "no" to prevent gay "marriage." He's been trying to spread the word through the blogs.

This morning, Charlie Sykes took up the question. He acknowledged that the ad is "brilliant," "clever," and "deceptive."

But he just can't bring himself to say what is true: the ad is deceptive because that's the only way "Fair Wisconsin" can WIN!!

Along the same lines, and regarding the ad, P-Mac observed that "...yes, nothing will change...for about 10 minutes."

VOTE YES!!

Sunday, October 22, 2006

Abp Dolan's Faith Problem: It's In the Next-Door Office

Terry knows how to find the collusive vermin, and puts some light into the dark corners.

We happen to think that Rome already has a fax prepared accepting Bp. Sklba's resignation. Maybe the Vatican should send it, whether Sklba does the right thing or not.

It's not just Cooper, Mich, Massingale and Schramm.

And, by the way, it wasn't just Sklba's oblique "approval" of wimminpriests which delayed his consecration as a Bishop.

Will PRC Take Out Kim?

I happen to think that Red China likes having Kim around, running North Korea. He's a great foil, and keeps US attention away from Red China as they busy themselves becoming a hegemonic power in the Western Pacific. Frankly, I wouldn't be surprised in the least if PRC were actually pulling Kim's strings.

But there's another view, expressed here by Random 10, who always posts heady stuff.

JS Headline Editor Is Moonbat Lefty (Picture Here)


Yah, they actually have such a creature as a "headline editor." In fact, at one time, the "headline editor" was a fellow who was a classmate of mine--the same class as that of Pete Bock, now married to Kate Falk.

In the mind of the "headline editor," Jim Doyle is a Moderate. That tells you all you need to know about the Headline Editor's "mind."

Jessica has the rest of the story.

"You're Going to Hell"

Mozart. Great singers. Great staging.

The Commandatore scene from Don Giovanni (Don Juan)--as the Commandatore drags Don Giovanni to Hell (avenging Giovanni's rape and murder of the Commandatore's daughter.)

It's in Italian--but you don't need to know a syllable of the language to get the idea--which is exactly how really Good Stuff in music works.

Commandatore's almost single-note singing is insistent--imperious...Giovanni's punchy pleading...and near the end, the voices of the damned...and the descending (heh) scales...

And in D minor (also used by Mozart for the Dies Irae in the Requiem.)

HT: Captain's Quarters.

Internet Video v. Cable--It's the Money, Honey

If you think for five seconds that ATT's proposed internet video offering is going to happen quickly...

Think again.

Your municipality wants some money. In fact, they want a LOT of money. They already get that from the cable companies. In return, the municipals provide "protection" for the cable companies. Think of Milk Carton Tommy with a violin case.

Local officials are debating whether AT&T Corp.'s planned Internet video service would interfere with cable TV franchises that now reap millions of dollars for municipal treasuries. It's part of a nationwide struggle between telecommunications giants that is already being fought in Congress and over the airwaves, and that is swiftly working its way into city and village halls, state legislatures and perhaps the courts.

Interesting phrase there: "would interfere with"...

Here's the trick the municipalities are playing with:

A Washington, D.C., law firm has given Milwaukee city officials a legal opinion that says U-Verse [the AT&T video offering] would meet city ordinances' definition of cable television service, the "one-way transmission of video programming or other programming services," Leonhardt says.

How MUCH money?

Time Warner Cable is paying Milwaukee $3.7 million this year, rising to $3.8 million next year, said Patrick Curley, Mayor Tom Barrett's chief of staff.

Of course, if AT&T provides better services for less money, then Time Warner loses subscribers. When that happens, Time-Warner's "contribution" to the City's coffers goes down, down, down.

How can the City stop AT&T? One way: make their equipment installations illegal:

Unlike satellite television or streaming video, however, U-Verse uses the public right-of-way, and lots of it, Curley said. Project Lightspeed has already started installing metal boxes more than 5 feet high near curbs and alleys and in boulevard medians in Milwaukee and elsewhere, to provide interfaces between fiber-optic cables and copper telephone wires, Bentoff said. Each box is expected to serve 300 to 400 homes.

Local officials fear the boxes could be unsightly and might block drivers' view of pedestrians and other cars. Downtown Ald. Bob Bauman has introduced an ordinance to give aldermen limited veto rights over boxes in their districts. Kenosha has slapped a one-year moratorium on the boxes.

Bentoff said AT&T has the right to install the boxes, under the laws governing telephone poles.

Can the municipalities get their pound of flesh? Will Gary Grunau's Time Warner cable monlith become yesterday's news and wither away? Will AT&T, with its "more service for less money" promise, prevail?

Will YOU get better service for less?

Not if the municipalities have their way. They LOVE 'hidden-tax' revenues, which is exactly what the cable companies give them in return for 'protection.' And your Gummint will fight tooth and nail to keep the money.

Saturday, October 21, 2006

Milwaukee Priests' Disgruntled and/or Dissenters' List

Below we mentioned that Fr. Davey Cooper printed a dissent from the teaching of the Milwaukee Archbishop in his parish bulletin. "Affirming" the dissent is the Milwaukee Area Priests' Alliance, a group of twittering and simpering adolescents who are on the payroll (or pension-roll) of the Milwaukee Archdiocese.

Turns out that Fr. Davey is the President of the group.

Cooper's last brush with infamy occurred when he invited a "wimmin's ordination" wacko to speak on parish grounds. He was forced to write an apology and dis-invite the speaker. Evidently Fr. Davey didn't get the message.

Other illustrious members of the MAPA include:

Dick Aiken (he doesn't use his honorific--why should I?) Aiken was the celebrant of a non-Mass I attended at St. Sebastian's parish. Yes, it was Sunday. Yes, it was in a Catholic church. But it wasn't a Mass. Dick, who obviously knows more than the Roman Congregation for Divine Worship, "improved" on the rubrics and texts so much that his "Mass" was invalid.

Here's the rest of the list, direct from their website:

Richard Abert, SJ, Dennis Ackeret, John Aiello, Steve Amann, Joseph Anderson, Joseph Aufdermauer, Ken Augustine, Steve Avella, Mike Barrett, John Baumgartner, Robert Betz, James Brady, Allen Bratkowski, John Brophy, Todd Budde, Daniel Budzynski, William Burkert, Gregory Chycinski, Charlie Conley, Michael Crosby, OFM Cap, James Dammeir, Paul Daniels, Michael Dineen, Gene Doda, Peter Drenzek, Steve Dunn, Thomas Eichenberger, John Endejan, Michael Erwin, Ed Eschweiler, Paul Esser, David Filut, George Fleischmann, Curt Frederick, Joseph Frederick, George Gajdos, Robert Gloudeman, Robert Gosma, Ron Gramza, Mike Grellinger, Ralph Gross, Joseph Haas, Howard Haase, Jeffrey Haines, Chuck Hanel, Gerald Hauser, Quintin Heck, Art Heinze, Patrick Heppe, Gerald Hessel, Joseph Hornacek, Jerry Hudziak, Terrance Huebner, Joseph Juknialis, Alan Jurkus, Robert Katorski, Niles Kauffman, OFM Cap., Jack Kern, Bill Keyand, James Kimla, Stanley Klauck, Anthony Klink, Ken Knippel, Vince Kobida, William Kohler, Ed Kornath, Kevin Kowalske, Ron Kowalski, Joe Koyickal, Michael Krejci, Daniel Lasecki, Carl Last (Rector, St. John's Cathedral), Tom LeMieux, Dennis Lewis, Paul Lipper,t Jim Loehr, Bob Lotz, Brian Mason, Robert Massey, Bryan Massingale, Tony McCarthy, Michael McLernon, David Meinholz, Kenneth Mich, Mike Michalski, Richard Mirsberger, Mark Molling, Richard Molter, Mike Moran, John Michael Murphy, Andrew Nelson, Eugene Newman, Robert Novotny, Gary Nowicki, Patrick O'Loughlin, Luis Pacheco-Sanchez, Andre Papineau, Dan Pekarske, SDS, Eugene Pocernich, John Pulice, Paul Raczynski, George Rebatzki, Philip Reifenberg, Dave Reith, Robert Richter, Dick Robinson, Anthony Russo, SCJ, Mick Savio, Richard Schlenker, Karl Schneider, Chuck Schramm, John Schreiter, Larry Sepich [sic], Greg Serwa, Allan Somme,r Bill Stanfield, Mark Stangel, Paul Stanosz (ex-blogger), Robert Stiefvater, Steve Stradinger, Michael Sturm, Thomas Suriano, Tom Sweetser, SJ, (ex-faculty, Marquette High), John Theisen, Jeff Thielen, Donald Thimm, Walter Vogel, James Vojtik, Gordon Weber, Dennis Weis, Patrick Wendt, Laurin Wenig, Charlie Wester, Edward Wieland, Mike Witczak, Tom Wittliff, Joe Wolf, Charles Zabler, Tony Zimmer.

I know more than a few of these guys. If they'd spend less time playing "union" and more time in their vocation as priests,....

Aaahh....what's the use?

"Fathers" Cooper, Schramm, Aufdermauer, Mich, Massingale, and the Gays, Part One

Not content with the teaching of the Roman Catholic Church on the question of homosex "marriage," a well-known rebel priest decides to run an opposing opinion in his St. Matthias parish bulletin. The Milwaukee Priests' Alliance (a union-wannabe bunch of priests) issued a press release concurring with the dissent. Fr. "Chuck" Schramm (whose picture is missing something...) of St Mary's/Hales Corners, also ran the piece with the parish bulletin. We are told that Fr Aufdermauer ran it with the St Aloysius/West Allis bulletin on October 22.

The author of the dissent is none other than Fr. Massingale, who (as you will see shortly) is a master of dissembling. He's a colleague of Dan Maguire, a revolting little heretic, and on the payroll of Marquette University, just like Maguire.

In essence, Massingale commits the intellectual sin of failing to recognize a hierarchy of values. Of course, it's possible that he simply 'forgot' about such distinctions...but knowing that he's on staff with Maguire, that's not likely.


The amendment’s second clause is: “. . .and a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.”

...
This is the part which makes many Catholics pause, for it raises troubling concerns. Many fear that this clause could endanger laws and other arrangements which extend medical coverage (among other benefits) to unmarried households


Actually, "Father," the clause does NOT "endanger" such arrangements when they are voluntarily provided by an employer. Informed legal opinion attests to this. And your circle of friends is not "many" Catholics. It is, in reality, "many" dissidents.

Fr. Massingale brings up "the Levada exception" in San Francisco, which is about as germane as is the question of Space Aliens--but it serves Massingale's purpose of spreading foofoodust.

So he summarizes with the standard deception:


The first clause upholds one aspect of Catholic teaching, while the second part jeopardizes other Catholic principles (a right to healthcare.)


Some try to resolve this dilemma by saying that the proposed amendment does not automatically nullify existing laws or necessarily compel a court to do so in the future. This is true. But respected legal scholars agree that this is a risk or possibility. The amendment opens the door for such an outcome. In effect, this amendment requires us to take a human
rights gamble.


Let's unpack that. That marriage is a one-man/one-woman institution is simply non-negotiable. Our Bishops have made that clear, simply re-affirming Natural Law. Massingale would have us believe that the right to health-care takes precedence over the affirmation of Natural Law in marriage. He's wrong. Like abortion, this is a non-negotiable position. Healthcare is secondary (but certainly should not be ignored.) Here's a news report from the Vatican from October 18th, 2006:

Benedict XVI reminded politicians, particularly Catholics, that their choices and programs... it is necessary to address with "determination and clarity the risk of political and legislative options that go against fundamental values and anthropological and ethical principles rooted in the human being's nature." The Pope pointedly referred "to the defense of human life in all its phases, from its conception to natural death, and the promotion of the family founded on marriage." This implies avoiding the introduction "in public ordering of other forms of union that will contribute to destabilize [the family], obscuring its peculiar character and irreplaceable social role," he said cannot go against human life or the family.

The Pope's remarks underline the priorities: human life and marriage. Clear and succinct.

Massingale whines on and on and on without the least regard for priorities for a while, then slaps the authors of The Amendment:


One wonders why our legislators crafted an amendment which seems to go beyond the purpose of keeping a unique status for heterosexual unions.

Evidently Massingale never heard of the Commonwealth of Massachusetts...

He attempts to wrap up this smelly package of stones masquerading as "teaching":


Since same-sex marriage is already illegal in Wisconsin and prohibited by church law, a “no”vote changes nothing. Gay marriages would remain illegal; the current unique status of heterosexual marriage remains unaltered; no one’s health care access is endangered.

A line directly from the Homosexual Collective's playbook. (This comes as no surprise.)

It is always disappointing, (but not surprising) to see the Intellectualoids attempting to re-write Natural Law.

However, for a priest to openly slap his Bishop by printing this load of manure in a parish bulletin--that's not just disappointing. It's outright rebellion. Tomas deTorquemada, call home!!

NEXT: I've been told that the Homosexual Collective is also fund-raising on the grounds of Milwaukee-area parishes. When the documentation arrives, you'll see it here!

SHOCK!! Clintonoid Leaks National Security Docs

About time Hoekstra grew a pair:

The leaker of a classified National Intelligence Estimate to the New York Times has been identified as a Democrat staffer named Larry Hanauer. No other info is available on this cretin but he would seem to be this Larry Hanauer. A Clinton staffer in Department of Defense who was punted shortly after President Bush came into office

When Jane Harmon (wife of Harmon-Cardon zillionaire) objects, Hoekstra writes back:

"It has become clear to me, by your continuing and unauthorized releases of information received and maintained by the Committee, that Democrats are not willing to protect committee information, and that you are politicizing intelligence for purposes not reflecting national security values."

HT: RedStateBlog

(A letter addressing the situation)

The Economy in '08...

Disgruntled Car Salesman is a bit more disgruntled than usual. This could be a harbinger for the '08 elections, too:

...I knew it would and have been talking about it for quite some time. ...How many times can you roll inequity ["upside-down equity in your car] before it’s one too many? How much [negative equity] did you finance into that new car loan for 96 months? 115%? 125%? 140%? How much depreciation can you handle in one year? 30%? 40%? Dare I say 50%? (That’s for those of you in Neons, Cavaliers and old body style Suburbans/Tahoes.)

...We were down roughly 40% last month form September, 2005. September is a huge month. This month doesn’t look too much better. This isn’t just my shop, this is everywhere.

(Chrysler is advertising "$12,000. off" list-price on some of its truck models. That's a BIG number.)

When the auto industry sneezes, Wisconsin has generally caught pneumonia, and the Upper Midwest in general takes it on the chops. Added to the auto-industry problem, Cat warned the other day, meaning that Deere and Case/IH may not be far behind.

This is a sign worth tracking.