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For The Birds

It’s the day after Christmas and I am asking myself why I am so dumbfoundingly optimistic.

It is no longer illegal to negligently kill migratory birds. The Migratory Bird Treaty Act prohibits killing migratory birds without a license. Up until recently, the law was interpreted to mean that birds killed as a result of oil spills, destroying their habitat, or otherwise interfering, resulted in federal prosecution and fines.

No more. You can still be prosecuted if you intentionally kill a migratory bird without a license, but not if the bird happens to be killed in the pursuit of some other goal. For example, an eagle killed by a wind turbine used to be subject to a $15,000 fine, oil spills that killed thousands of shore birds resulted in massive fines, projects that destroyed nesting grounds were subject to fines and injunctions without some mitigation such as providing an alternative nesting environment. Today none of that applies if you are operating a wind turbine, shipping oil, or paving nesting grounds into parking lots but your goal is making money rather than killing birds. (Detail here.)

This saddens me because seeing eagles turning circles over Ferndale, snow and Canada geese in the fields of the Nooksack valley and flats, and ducks in almost any body of water in Whatcom County all remind me that the world we have all been given is magnificent.

I’m not squeamish about killing birds. My dad encouraged my cousins and me to shoot English sparrows and starlings when I was a kid. He was not sympathetic toward invasive species, although we immigrant Germans and Dutchmen were invasive tribes ourselves.

Duck and goose hunting were all part of the grand tradition when I was in junior high (middle school.) In the fall, a bloodthirsty knot of boys would gather before first period and talk about who shot what that morning out at Tennant Lake and the innumerable ponds that surround Ferndale. I wished I were among the guys who were out wading in the cold and wet while hunting game birds, but my dad wanted me helping with milking, not messing with exciting and dangerous weapons.

He hunted himself when he was young. The few times I saw him fire a gun, he hit his target accurately. He was not sentimental about animals, but he was always on the watch for signs of wildlife around the farm and I suspect that, all things equal, he was on the side of the ducks, geese, and pheasants.

Think about the law for a minute. Who kills birds intentionally? These days, almost entirely sport hunters. I have nothing against hunting. It’s no longer my choice for recreation, but sport hunters guard our wildlife more carefully than a lot of sentimental enthusiasts who only think about wildlife occasionally. Hunters cull herds and keep them healthy, unlike massive collateral damage from industrial ventures that destroy habitats and wipe out entire species. The law now only limits folks who care about birds and gives free reign to industries who destroy species pursuing profits.

There’s a pond close to our house in Ferndale. Albert, The Border Collie, and I walk around the pond every morning and evening. I don’t know the history of the pond, but I suspect that it didn’t exist in my junior high school days. It has the look of a bulldozer sculpture, built for runoff control rather than a naturally occurring resting place for migrating geese and ducks. Nevertheless, I am happy to see the number of birds, raccoons, possums, deer, rabbits, and squirrels that Albert and I encounter on our walks.

The pond would have been in Allen Gardiner’s backyard. I haven’t seen or heard from Allen since high school, but I owe him a debt. One day in the Frank Alexander Junior High library, he pointed me toward a shelf of books by Robert Heinlein, the science fiction author, and started me on a science fiction binge in the seventh or eighth grade that I haven’t quite shaken yet. I wouldn’t be who I am today without Allen’s prompting. Not that I’m anything special, but I just wouldn’t be who I am.

Getting back to the pond. A few days ago, night and morning, I counted twenty-three geese, maybe two dozen mallards, three drake mergansers and I’ll bet three female mergansers were lurking and diving, a blue heron perched in a tree, and a seagull bobbing on the water. The following afternoon, I saw maybe a dozen mallards, one merganser drake, and Albert spotted a squirrel. (He keeps an exact tally of squirrels.) The heron and geese were gone.

I haven’t seen as many geese as last year this fall; I miss those noisy honkers and prolific poopers. I am not about to say that the changes in migratory bird regulation has had immediate effect, but this temporary paucity reminds me of what I will miss as wildlife disappears.

Until the community takes a stand, wildlife of all forms will become rarer and harder to experience. When there is money to be made, there is always someone willing to grab a buck and trash what other people care about. Practically, sometimes a small sacrifice may be justified, but a balance must be struck. When something dies, money can’t buy it back or fix it. Lose too much and we all have nothing.

We once cared. Raptors were rare in the skies over Waschke Road when I was growing up, but after DDT and other pesticides were regulated, the hawks and eagles returned.

So. I am optimistic. If we once cared, we can care again.

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Short Days—Long Nights

Mid-December days in Ferndale, stranded on the northern edge of the continental U.S., sunlight is in short supply. When Albert, the border collie, takes me out around the Gardiner pond in the morning, the sun is barely risen, and he has trouble herding me out there before sunset in the afternoon. In all this gloom, I was looking for adventure last week, so I drove to Montana and back again.

Our daughter completed her first semester of law school in Missoula last Friday. She and her sons could have traveled by train or airplane, but I was in adventure mode, so at 5:30 am Friday the 13th, I fired up my wife’s SUV that wouldn’t make it up the little hill to our house in the snow last winter and went off in the darkness to pick them up and bring them back for Christmas. December isn’t the most interesting month to drive I-90, but it gets close.

In these short days, the trip began and ended in the dark, both coming and going. That’s about how I feel in 2019 in general, so there was nothing special there.

The path from Ferndale to Missoula threads over three mountain passes: Snoqualmie, Fourth of July, and Look Out. Our house on Vista Drive in Ferndale is 154 feet above sea level; downtown Ferndale is only 36 feet. Snoqualmie summit is 3,022 feet, Fourth of July pass in Idaho is 3,081, and Lookout Pass on the Idaho-Montana border is 4,711 feet. Missoula is higher than the Snoqualmie at 3,209 feet. In other words, I had my ups and downs last weekend.

The adventure was tame, as befits an arthritic geezer. Both Snoqualmie and Fourth of July were bare wet pavement both coming and going. Mid-morning Friday, the sunshine revealed two beached and dug in semis that must have slid off the road on ice around Cle Elum, but that happened hours before I sailed through. Lookout Pass eastbound was slushy and busy. No real danger. Coming down Lookout, boxed in by big trucks front and back, squeezed between the concrete jersey barrier and another truck, and dirty slush flying everywhere, barely evoked philosophical thoughts on the fragility of these carcasses we carry around. It was snowing hard when we left Missoula, but Montana snowplow crews know their business. Maybe next time will have more adventure.

I like the freshwater flyover country, as the vast tract of the U.S. that is not on a seacoast is called by disrespectful coastervators. I’ve always liked it, and I like it better now. My Dutch and German ancestors established themselves in Michigan and Minnesota before coming to Whatcom County. When I was growing up, I heard stories about “Back East,” which referred to the Midwest rather than the east coast. When neighbors got together to talk, the east coast, New York, New England, the southern eastern seaboard were seldom mentioned, but the conversation often drifted into reminiscing on life in the Midwest. People occasionally took trips to see relatives back east, but seldom did that mean seeing the Atlantic Ocean. I’ve been on the east coast many times because I worked for a New York company, but I still get north and south confused when the ocean is to the east.

Fifty years ago, I went to college and graduate school in the Midwest and I soon noticed that Midwesterners were behind the west coast, even dear old Ferndale. The fonts on street signs were not as modern. The buildings were older, stores were laid out like throwbacks from decades in the past. I knew nothing of New York then, but a lot of New Yorkers were among my fellow students, and they all said Chicago was way out of step. Of course, there never has been and never will be anything as in step as New York, in the opinion of a New Yorker.

I think it’s the internet.

I poked around Missoula during my one day there. I discovered that Missoula has more local breweries than Bellingham or hop city Yakima. I sampled several Missoula IPAs that proved that their brewers know distinctive hop flavors and how to blend them. A far cry from the watery “fire brewed for the flamin’ a—” Stroh’s and Iron City Pittsburgh beer that I remember from college.

I visited the University of Montana Law Library and the Missoula Public Library. The law library was sleek and new; the public library was nice, but crowded, the carpets had seen better days, and the furniture was worn. However, the staff pointed across the street to a large new library under construction. Missoula’s computer network is fast. I was told that they are almost entirely fiber. A city on the move as fast as New York or San Francisco.

I am getting old, but I think something is happening in this country that has not been noticed. Computer networks and the social media, other new forms of communication, have been excoriated for causing divisiveness and polarization, but I have begun to suspect that these vicious trends are being whittled away from the ground up by the very means of communication that are condemned as the cause.

I remember how isolated I felt before computer networks connected everyone. Today, no one has to wonder what is going on with the hipsters of Brooklyn— you can easily find out firsthand by following them on Twitter, Instagram, reading their blogs, or friending them on Facebook. (And see how silly they can be.) Like the proverbial canine, on the internet, no one knows you’re from Ferndale, Missoula, Austin, New Orleans, or NYC. In Missoula, people on the street, the streets themselves, could have been in New York, or the Bay Area, Boston, or Austin. I discussed hops with bartenders and library trends with Missoula’s library staff; we shared a base of knowledge that would have been impossible even ten years ago. This was not bland leveling, more like everyone being their best selves.

The days are short now and the nights are long. But winter solstice is close. The days will get longer; we will see more sunshine. Winter won’t be over, but spring is on the horizon.

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Jefferson’s Revelation

A few days ago, I pulled Henry Adams’ history of the Jefferson administration off the shelf and started reading it, hoping to distract myself from 2019. I bought the Library of America edition a few years ago after reading Adams’ autobiography, The Education of Henry Adams. His vigorous, sharp-edged prose captivated me; I wanted to read more. As happens too often with me, the volume rested on the shelf until this week.

Looking for an antidote, I found a revelation.

Here is Adams quoting Jefferson in about 1800:

“Progress is either physical or intellectual. If we can bring about that men are on the average an inch taller in the next generation than in this; if they are an inch larger around the chest; if their brain is an ounce or two heavier, and their life a year or two longer, that is progress. If fifty years hence the average many shall invariably argue from two ascertained premises where he now jumps to a conclusion from a single supposed revelation, -that is progress! I expect it to be made here, under our democratic stimulus, on a great scale, until every man is potentially an athlete in body and an Aristotle in mind.”

This is refreshing, although women would not be left out of this formulation in the 21st century. On the physical side, the US has done well. In the intervening two centuries, we have become taller, we live longer, and we are better educated.

Reasoning from “ascertained premises” has been a triumph and a constant struggle. I marvel at the way Jefferson captures today’s dilemma more clearly than our claims and counterclaims of facts, alternative facts, and lies. He uses “ascertain” in a way that I intend to use more often. Webster’s Unabridged defines it as “to find out or learn for a certainty (as by examination or investigation).” Jefferson does not insist that premises be true. Instead, he asks for ascertainment: examination and investigation of the premises. Ascertainment is his only touchstone.

Truth does not enter the discussion. He requires investigation and examination, not truth. But action must wait for ascertainment, which is never final. Further ascertaining may yield more useful results, but Jefferson asserts that ascertained premises, and the more the better, yield progress. The opposite of ascertained premises, supposed revelation yields stagnation.

There is no need to examine and investigate a revelation, which is a great help to lazy thinkers. Pick any supposition from the sloshing pool of revelation. You know your inauguration was the largest ever, your tax cut is the biggest, and your trade policies are better than fried pickles at the county fair. These are your revelations. Investigating and examining revelations is a waste because revelations are truth. You are free to move on to your next great thought, go play golf, or take a nap with your trophies.

According to Jefferson, basing action on ascertainment, examining and investigating, rather than revelation made the United States different from Europe. When monarchs speak, they voice a revelation that is true because a monarch said it. But the United States have no monarchs. Its government’s actions are based on dynamic examination and investigation of the premises of the argument, not stagnant revelations.

The Jeffersonian method of progress is to ascertain, examine and investigate, rather than blindly accept revealed truth. Jefferson did not trust monarchs, established institutions, wealth, or revealed truth in any form. But he did trust the people’s examination and investigation of every premise.

In Adams’ view of Jefferson’s day, Americans were struggling, as they struggle today, to prove wrong the reactionary belief, now prevalent in Russia and China, that democracy will inevitably lead to lives, in Hobbes’ words, “solitary, poor, nasty, brutish, and short.”

Not an easy task. In 1800, the United States’ debts from the revolutionary war dwarfed the rest of the budget. The country had little industry. Agriculture was disorganized and inefficient. Heavy transportation was by water and much work was needed before rivers would be reliably navigable. We had almost no roads and none fit for freight. Natural resources were abundant, but without means to extract them, they had little effective value. Schools were few. Artists, engineers, and scientists were scarce. Americans did not have the expertise to design their own capital and traveling anywhere was slow and arduous. The country was debilitated by a plague that debased slaves and demoralized slave-owners. The vultures of Europe were circling to pick the carcass of the infant nation’s demise.

But here we are today. Jefferson’s vision, that the ascertained premises of the people would generate progress that would crush archaic vultures and push away nasty, brutish and short lives, that revelation has prevailed. Ascertained premises won two world wars, put a man on the moon, conquered small pox, and elected a black president.

This is the antidote I sought.