Bubbletop

Bubbletop (pronounced buhb-uhl-top)

(1) In aircraft design, a design of pilot’s canopy (originally military slang for what designers dubbed the “bubble canopy”, a Perspex molding which afforded exceptional outward visibility).

(2) An automobile using a transparent structure over the passenger compartment, replacing the usual combination of roof & windows.

(3) A descriptor of certain automobiles of the early 1960s, based on the shape rather than the method of construction, the conventional metal and glass used.

1940s: The construct was bubble +‎ top.  Bubble dates from the late fourteenth century and was from the Middle English noun bobel which may have been from the Middle Dutch bubbel & bobbel and/or the Low German bubbel (bubble) and Middle Low German verb bubbele, all thought to be of echoic origin.  The related forms include the Swedish bubbla (bubble), the Danish boble (bubble) and the Dutch bobble.  Top pre-dates 1000 and was from the Middle English top, toppe & tope (top, highest part; summit; crest; tassel, tuft; (spinning) top, ball; a tuft or ball at the highest point of anything), and the Old English top & toppa (top, summit, tuft of hair), from the Proto-West Germanic topp, from the Proto-Germanic tuppaz (braid, pigtail, end), of unknown origin.  It was cognate with the Old Norse toppr (top), the Scots tap (top), the North Frisian top, tap & tup (top), the Saterland Frisian Top (top), the West Frisian top (top), the Dutch top (top, summit, peak), the Low German Topp (top), the German Zopf (braid, pigtail, plait, top), the Swedish topp (top, peak, summit, tip) and the Icelandic toppur (top).  Alternative forms are common; bubble-top in automotive & aeronautical engineering and bubble top in fashion.  Bubbletop is a noun and bubbletopped is an adjective; the noun plural is bubbletops.

Evolution of the Mustang's bubbletop: P-51C (top), P-51 III (centre) and P-51D (bottom).

“Bubbletop” began as World War II (1939-1945) era military slang for officially was described as the “bubble canopy”, the transparent structure sitting atop the cockpit of fighter aircraft, the advantages being (1) superior visibility (the purest interpretation of the design affording an unobstructed, 360° field-of-view, (2) improved aerodynamics, (3) easier cockpit ingress & egress (of some significance to pilots force to parachute and (4), weight reduction (in some cases).  Bubbletops had been seen on drawing boards in the early days of aviation and some were built during World War I (1914-1918) but it was the advent of Perspex and the development of industrial techniques suitable for the creation of large, variably-curved moldings which made mass-production practical.  The best known early implementations were those added to existing air-frames including the Supermarine Spitfire, Republic P-47 Thunderbolt and North American P-51 Mustang.  By 1943, the concept had become the default choice for fighter aircraft and the technology was applied also to similar apparatuses used elsewhere on the fuselage where they were styled usually as “blisters”.  In the post war years it extended to other types, most dramatically in the Bell 47 helicopter where the cabin was almost spherical, some 70% of the structure clear Perspex.

The enormous and rapid advances in wartime aeronautics profoundly influenced designers in many fields and nowhere was that more obvious than in the cars which began to appear in the US during the 1950s.  Elements drawn variously from aeronautics and ballistics did appear in the first generation of genuinely new post-war models (most of what was offered between 1945-1948 being barely revised versions of the 1942 lines) but it was in the next decade the designers were able to embrace the jet-age (a phrase which before it referred to the mass-market jet-airline travel made possible by the Boeing 707 (which entered commercial service in 1958) was an allusion to military aircraft, machines which during the Cold War were a frequent sight in popular culture).  On motif the designers couldn’t resist was the bubble canopy, something which never caught on in mass-production although Perspex roofed cars were briefly offered before word of their unsuitability for use in direct sunlight became legion.

GM Firebird XP-21 (Firebird I, 1953).

Not content with borrowing the odd element from aircraft, the General Motors (GM) team decided the best way to test which concepts were adaptable from sky to road was to “put wheels on a jet aircraft” and although they didn’t do that literally, by 1953 when Firebird XP-21 was first displayed, it certainly looked as though it was exactly that.  Its other novelty was it was powered by a gas turbine engine, the first time a major manufacturer in the US had built such a thing although a number of inventors had produced their own one-offs.  When the XP-21 (re-named Firebird I for the show circuit) made its debut, some in the press referred to it as a “prototype” but GM never envisaged it as the basis for a production car, being impractical for any purpose other than component-testing; it should thus be thought of as a “test-bed”.  The bubble canopy looked as if it could have come from a US Air Force (UFAF) fighter jet and would have contributed to the aerodynamically efficiency, the 370 hp (280 kW), fibreglass-bodied Firebird I said to be capable of achieving 200 mph (320 km/h) although it’s believed this number came from slide-rule calculations and was never tested.  Despite that, in its day the Firebird II made quite a splash and a depiction of it sits atop the trophy (named after the car’s designer, Harley Earl (1893–1969), the long time head of GM’s styling studio) presented each year to the winner of NASCAR’s (National Association for Stock Car Auto Racing) premiere event, the Daytona 500.

GM Firebird II (1956).

Compared with its predecessor, the Firebird II (1956), rendered this time in titanium was almost restrained, the Perspex canopy a multi-part structure over a passenger compartment designed to seat “a family of four”.  The family might have chosen to drive mostly in darkness because the heat build-up under the midday sun would have tested the “individually-controlled air conditioning”, a system upon which comfort depended because the Perspex sections were fixed; there were no opening “windows”.  Still, even if hot, the family would have got places fast because the same 200 mph capability was claimed.

GM Firebird III (1958).

The Firebird III was displayed at the 1958 Motorama and although GM never built any car quite like it, within a season, elements of it did begin to appear on regular production models in showrooms (notably the rear skegs which Cadillac used for a couple of years) and some of its features are today standard equipment in even quite modest vehicles.  The striking “double bubbletop” never made the assembly lines although some race cars have at least partially implemented the concept.  What proved more of a harbinger was the specification, the Firebird III fitted with anti-lock brakes, cruise control, air conditioning, an automated “accident avoidance system” and instead of a steering wheel, the driver controlled the thing with a joystick, installed in a centrally-mounted “Unicontrol & Instrument Panel”.  All these were analogue-era electro-mechanical devices too bulky, fragile or expensive for mass production, wider adoption in the decades to come made possible by integrated circuits (IC) and micro-processors.

1959 Cadillac Cyclone (XP-74).

Borrowing from the Firebird II, Cadillac also used a bubble top for the Cyclone (XP-74) concept car which in 1959 toured the show circuit.  Although it was powered by the corporation’s standard 390 cubic inch (6.5 litre) V8, there was some adventurous engineering including a rear-mounted automatic transaxle and independent rear suspension (using swing axles, something not as bad as it sounds given the grip of tyres at the time) but few dwelt long on such things, their attention grabbed by features such as the bubble top (this time silver coated for UV (ultra violet) protection) which opened automatically in conjunction with the electrically operated sliding doors.  The Perspex bubble canopies from fighter aircraft never caught on for road or race cars but so aerodynamically efficient was the shape it found several niches.

1953 Ferrari F166MM Spider by Vignale (left) and 1968 MGCGT (centre & right).

Bubbles often appeared atop the hood (bonnet) to provide clearance for components inconveniently tall.  Most were centrally located (there was the occasional symmetrical pair) but the when BMH (British Motor Holdings, the old  BMC (British Motor Corporation) shoehorned their big, heavy straight-six into the MGB (1963-1980), it wouldn’t fit under the bonnet, the problem not the cylinder head but the tall radiator so the usual solution of a “bonnet bulge” was used.  However, for that to clear the forward carburetor, the bulge would have been absurdly high so a small bubble (and usually, ones this size are referred to as "blisters") was added.  It probably annoyed some there wasn’t a matching (fake) one on the other side but it’s part of the MGC’s charm, a quality which for years most found elusive although it’s now more appreciated.  For MGC owners wish to shed some weight or for MGB owners who like the look, the “bonnet with bubble” is now available in fibreglass.

The winning Ford GT40 Mark IV (J-Car) with bubble to the right, Le Mans 1967 (left) and the after-market (for replicas) “Gurney Bubble” (right).

US racing driver Dan Gurney (1931–2018) stood 6' 4" (1.9 m) tall which could be accommodated in most sports cars and certainly on Formula One but when he came to drive the Ford GT40 Mark IV it was found he simply didn’t fit when wearing his crash helmet.  The original GT40 (1964) gained its name from the height being 40 inches (1016 mm) but Mark IV (the “J-Car”, 1966) was lower still at 39.4 inches (1,000 mm).  Gurney was the tallest ever to drive the GT40 and the solution sounds brutish but fix was effected elegantly, a “bubble added to the roof to clear the helmet.  Gurney and AJ Foyt (b 1935) drove the GT40 to victory in the 1967 Le Mans 24-hour endurance classic and the protrusion clearly didn’t compromise straight-line speed, the pair clocked at 213 mph (343 km’h), on the famous 3.6-mile Mulsanne Straight (which was a uninterrupted 3.6 miles (5.8 km) until the Fédération Internationale de l'Automobile (the FIA; the International Automobile Federation and world sport’s dopiest regulatory body) imposed two “chicanes”),  Known ever since as the “Gurney Bubble”, such is the appeal that they’re now available for any GT40 replica: Like the AC Shelby Cobra, the GT40 “reproduction” industry is active and there are many times more of these than there are survivors of 105 originals.

Ferrari 250 GT “Tour de France” LWB Berlinettas by Zagato: The “double bubble” roof (left), the Hofmeister kink (centre) and the famous “Z” kink, (right).

The Italian coachbuilding house Zagato was founded in 1919 by Ugo Zagato (1890-1968) and since the early post-war years, their designs have sometimes been polarizing (the phrase “acquired taste” sometimes seen), their angularity often contrasted with the lines of other, notably Pinninfarina and Bertone but unlike many which have over the years folded, Zagato remains active still.  One Zagato design never criticized was his run in 1956 of five Ferrari 250 GT “Tour de France” LWB Berlinettas, memorable also for introducing the signature “Zagato double-bubble roof.  The roof was practical in that it better accommodated taller occupants but it really was a visual trick and a variation on the trick Mercedes-Benz used on the “Pagoda” (W113; 230, 250 & 280 SL; 1963-1971) which they explained by saying “We didn’t lower the roof, we rained the windows”.  The other famous feature (which appeared on only one) was the fetching “Z” shape on the rear pillar, replacing the “Hofmeister kink” used on some others.

1962 Chevrolet Impala “bubbletop” Sport Coupe (left), 1963 Ford Consul Capri (centre) and 1972 BMW 3.0CS (E9, right).

The 1959 Chevrolet quickly came to be nicknamed “bubbletop” and the style spread, both within GM and beyond.  The “bubbletop” reference was to the canopy on aircraft like the P-51D Mustang but was an allusion to the shape, not the materials used; on cars things were done in traditional glass and metal.  Across the Atlantic, Ford in the UK applied the idea to their Consul Capri (1961-1964), a two-door hardtop which the company wanted to be thought of as a “co-respondent's” car (ie the sort of rakish design which would appeal to the sort of chap who slept with other men’s wives, later to be named as “co-respondent” in divorce proceedings).  The Capri was a marketplace failure and the styling was at the time much criticized but it’s now valued as a period piece.  Chevrolet abandoned the look on the full-size cars after 1963 but it was revived for the second series Corvair (1965-1969).  A fine implementation was achieved in the roofline of the BMW E9 (1968-1975) which remains the company’s finest hour.

The bubble shirt and bubble tops.

The bubble skirt (worn by Lindsay Lohan (centre)) is one of those garments which seems never to quite die, although there are many who wish it would.  Once (or for an unfortunate generation, twice) every fashion cycle (typically 10-12 years), the industry does one of its "pushes" and bubble skirts show up in the high street, encouraged sometimes by the odd catwalk appearance; it will happen again.  While the dreaded bubble skirt is easily identifiable, the “bubble top” is less defined but there seem to be two variations: (1) a top with a “bubble skirt-like” appendage gathering unhappily just above the hips (left) and (2) a kind of “boob tube” which, instead of being tightly fitted is topped with an additional layer of material, loosely gathered.  The advantages of the latter (which may be thought of as a “boob bubble”) are it can (1) without any additional devices create the illusion of a fuller bust and (2) allow a strapless bra to be worn, something visually difficult with most boob tubes because the underwear’s outline is obvious under the tight material.

Exchequer

Exchequer (pronounced eks-chek-er or iks-chek-er)

(1) A treasury, as of a state or nation.

(2) The governmental department in charge of the public revenues (often initial capital letter).

(3) A now disestablished English office administering the royal revenues and determining all cases affecting them.

(4) An ancient English common-law court of civil jurisdiction in which cases affecting the revenues of the crown were tried, now merged in the King's Bench Division of the High Court.  It was usually styled as the Court of Exchequer.

(5) Informal slang for one’s personal finances.

1250-1300: From Middle English escheker and eschequier, borrowed from the Anglo-French escheker and eschekier, derived from the Old French eschequier and escheccheck (chessboard, counting table).  Source was the Medieval Latin scaccarium (chess board).  The meaning with which it’s now most associated (government finances), emerged under the Norman kings of England, the basis the design of the cloth (divided in squares), covering the tables on which accounts of revenue were reckoned with counters; these reminded all who saw them of a chess board and the name was adopted.  The English respelling with an -x- was because of the erroneous medieval belief that it originally was a Latin ex- word (the old alternative spelling exchecker is long obsolete).  The most common modern use is the UK office of Chancellor of the Exchequer, equivalent variously to finance ministers or treasurers in other systems.  Confusingly for those not political junkies, the UK's prime-minister is formerly styled First Lord of the Treasury and the Chancellor, the Second Lord.  Exchequer is a noun & verb; the noun plural is exchequers.  When used to refer to an established institution (such as the UK's department of treasury), it's correct to use an initial capital.

Court of Exchequer Chamber

Although its origins date from the fourteenth century, it was the statute of 1585 which established the Court of Exchequer Chamber in essentially the form it would remain until its abolition by the Judicature Acts of 1873-1875 when it was absorbed into the Queen’s Bench Division of the High Court.  Always an appellate court for common law civil actions, the court heard references from the King's Bench, the Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas.  It was a classic English appeal court in that it was constituted by four judges belonging to the two courts that had been uninvolved at first instance although, in matters of especial importance, twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties.  Appeals from its judgments were, by leave, to the House of Lords but, because the Exchequer Chamber was regarded as a specialist and authoritative body, this was rare before the nineteenth century and rules of judgment by the Chamber were considered definitive statements of the law.

Court of Exchequer (1808) by William Henry Pyne (1769-1843).

Most appeals to the chamber were from the Exchequer of Pleas or Court of Exchequer, a court which dealt with matters of equity and expanded in the twelfth and thirteenth centuries because the doing business in the Court of Chancery was a slow and expensive business.  In the manner of the evolution of the English courts, the Exchequer's jurisdiction, at various times, was common law, equity, or both, the prevailing trend being for discretionary areas of its jurisdiction to expand.  By the nineteenth century, Exchequer and Chancery enjoyed similar jurisdictions and with the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council of 16 December 1880.

The style of cloth spread across the tables of the courts of Exchequer has proved durable in fashion, the bold pattern working especially well with stark color contrasts, white with black, red, purple or navy blue the most popular combinations.  The gingham Macy midi dress (left) is a classic example but Lindsay Lohan (right) demonstrates how the look can be achieved using one’s own skin, using a Black Pash shirt & Alaia skirt combo (the t-strap sandals were by Miu Miu but an opportunity was missed by not adding a sympathetic clutch purse), The World's First Fabulous Fund Fair in aid of The Naked Heart Foundation, The Roundhouse, London, February 2015.

Appellate

Appellate (pronounced uh-pel-it)

(1) Of or pertaining to that which can be reviewed by a power or authority vested with the necessary jurisdiction.

(2) A court, tribunal or other body having the power or authority to review and decide appeals made against decisions issued by subordinate individuals or institutions; that which legally can be appealed to.

1726: From the Classical Latin appellātus (called upon, summoned), past participle of appellāre (to appeal) and perfect passive participle of appellō (address as, call by name), the construct being ad (to, towards) +‎ pellō (push; impress).  The noun appellant (one who appeals from a lower to a higher court) dates from the 1610s, from the Anglo-French & French appellant, noun use of present participle of the French appeller (make an appeal), from the Old French apeler, from the Latin appellare (appeal to).  Appellate is an adjective and appellant is a noun; the noun plural is appellants.

Unrelated to the hierarchy of courts, there are words used formal grammar and linguistics including the noun appellative (a common noun; an epithet), the adjective appellative (of or pertaining to an appellative noun or common noun; of or pertaining to ascribing names), the noun appellativeness (the state or quality of being appellative), the adverb appellatively (after the manner of appellative nouns; so as to express whole classes or species and the noun appellativization (the process of a proper name becoming a common noun (such as hoover; kleenex; google et al)).  The antonym is proprialization (White House, Grand Canyon et al).  The noun appellation (designation, name given to a person, thing, or class) entered English in the mid-fifteenth century, from the twelfth century Old French apelacion (name, denomination), from the Latin appellationem (nominative appellatio) (an addressing, accosting; an appeal; a name, title), the noun of action from the past-participle stem of appellare (address, appeal to, name).  An appellation is a descriptive and specific term (Joan of Arc’s appellation was Arc; John the Baptist's was Baptist while those who were most associated with the political discussions which culminated in the formation of the United States of America (USA) are given the appellation “Founding Fathers”.  An appellation differs thus from an official or honorary title such as earl, bishop, general, professor et al but technically, these too are appellations.  The adjective appellative dates from the early fifteenth century (of a noun, serving to name or mark out, common (as opposed to proper))," from the Latin appellativus, from appellat-, past-participle stem of appellare (address, name, appeal to).  As a noun, it was in use by at least the 1590s in the sense of “a common” and by the 1630s as a “title or descriptive name”.

Courts of appeal

Appellate courts, usually styled as courts of appeal, are those vested with the jurisdiction to an appeal from a subordinate court within the same hierarchy.  In Australia, as a general principle, the court system exists in three layers (1) a trial court, (2) an intermediate appellate court and (3) a final court of appeal although variations exist and appeals from lower courts are not always of right; in many cases an application for leave to appeal can be declined.  Details of appellate jurisdiction in English courts appear in Sir William Blackstone's (1723–1780) Commentaries on the Laws of England (1765–1769), a matrix which has since been a thing of repeated change.  The hierarchical nature of the appellate food-chain is of significance because ultimately it's the final stage which is decisive: A case might for example be heard by eleven eminent judges, one in the supreme court at first instance, three on a court of appeal and seven at a high court so if the first appeal is decided 3-0 and the final 4-3 then one party can have enjoyed the concurrence of 7 of the 11 yet still lose.  That's how the appellate system works.

The Australian court systems are now unitary which means that, depending on the law(s) involved, the avenue of appeal lies to a state, territory or Commonwealth court, appeals to the Privy Council (actually the Judicial Committee of the Privy Council (JCPC)) in London sundered for Commonwealth matters in 1968 and for those involving the states in 1986 by the Australia Acts although there is one historic relic.  Section 74 of the constitution provides for an appeal from the High Court of Australia (HCA) to the the Privy Council if the court issues a certificate that it is appropriate for the Privy Council to determine an inter se (a case concerning constitutional relations between the Commonwealth and one or more states or between states) matter.  The only such certificate was issued in 1912 and in 1985, the High Court judges (unanimously) observed that the power to grant such a certificate “…has long since been spent… and is obsolete".  However, it’s there with full legal force so, in the strict constitutional sense, an appeal from the HCA to the JCPC, however unlikely, remains possible.

In the matter of Grand Theft Auto (GTA5): Lindsay Lohan v Take-Two Interactive Software Inc et al, New York Court of Appeals (No 24, pp1-11, 29 March 2018)

Truly a martyr, Lindsay Lohan hasn't had much luck in appellate courts.  In a case which took an unremarkable four years from filing to reach New York’s highest appellate court, Lindsay Lohan’s suit against the makers of video game Grand Theft Auto V was dismissed.  In a unanimous ruling in March 2018, six judges of the New York Court of Appeals rejected her invasion of privacy claim which alleged one of the game’s characters was based on her.  The judges found the "actress/singer" in the game merely resembled a “generic young woman” rather than anyone specific.  Unfortunately the judges seemed unacquainted with the concept of the “basic white girl” which might have made the judgment more of a fun read.

Beware of imitations: The real Lindsay Lohan and the GTA 5 ersatz, a mere "generic young woman".

Concurring with the 2016 ruling of the New York County Supreme Court which, on appeal, also found for the game’s makers, the judges, as a point of law, accepted the claim a computer game’s character "could be construed a portrait", which "could constitute an invasion of an individual’s privacy" but, on the facts of the case, the likeness was "not sufficiently strong".  The “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff" Judge Eugene Fahey (b 1951; associate judge of New York Court of Appeals from 2015-2021) wrote in his ruling.  Ms Lohan’s lawyers did not seek leave to appeal.

In happier times: Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

Also not having much luck with a matter taken on appeal is former New South Wales (NSW, Australia) Premier Gladys Berejiklian, compelled in 2021 to resign after being found to have committed an act of Billigung, her crucial phrase in a secretly recorded conversation being "I don't need to know about that bit" when her then (secret) lover began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of Mr Maguire.

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Nazi Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent...” of the final solution.  This he corrected, explaining Billigung in this context meant “looking away”.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.  Had he then told the truth, he'd have been hanged.

The words used by Ms Berejiklian: "I don't need to know about that bit" are best understood in modern use as an attempt to manufacture "plausible deniability" and may be compared with how Herr Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.  There's obviously quite some difference between knowledge of the Holocaust and the dodgy dealings of a politician but the Billigung principle is the same. However, the former premier may have been comforted that unlike the IMT at Nuremberg, the ICAC wasn't vested with capital jurisdiction so there was that.

Enjoying their pipes: Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.     

On 1 October 2021, the NSW ICAC (Independent Commission against Corruption) announced an investigation into the former premier's conduct in office, later handing down a finding she had committed “serious corrupt conduct”.  Interestingly,  despite that, the ICAC made no recommendation criminal charges be pursued because the evidence Ms Berejiklian was required to provide to the ICAC wouldn’t be admissible in a court because there, the rules of evidence are different and a defendant can’t be compelled to provide an answer which might be self-incriminating.  In other words a politician can be forced to tell the truth when before the ICAC but not before a court when charged.  That’s an aspect of the common law’s adversarial system which has been much criticized but it’s one of the doctrines which underpins Western law where there is a presumption of innocence and the onus of proof of guilt beyond reasonable doubt lies with the prosecution.

Ms Berejiklian challenged the findings and validity of the ICAC’s findings, her appeal heard by the NSW Court of Appeal, the state’s highest appellate court.  Her grounds for the appeal were claims (1) the ICAC made errors of law and (2) their report may have been delivered outside its legal authority due the expiration of the term of one of the ICAC’s assistant commissioners prior to the report being delivered.  In a split (2-1) decision handed down in July 2024, the court dismissed the appeal (with costs), the dissenting judge finding that because one assistant commissioner was engaged as a consultant after her term had expired (a role which included assisting in drafting the final report and writing assessments of the credibility of witnesses including Ms Berejiklian) what they did was act outside the limits of the authority conferred on a consultant.  The majority disagreed, finding the appointment as a consultant was in all ways “valid and effective” and also rejected the other grounds cited in the appeal.

So the ICAC’s finding of “serious corrupt conduct” stands.  Responding to the court’s decision, Ms Berejiklian didn’t mention that “c-word”) but thanked the court for its consideration given “...the limited nature of a challenge that can be made to ICAC findings by any citizen.  As the court noted, the ICAC Act does not permit a ‘merits’ review of the findings of ICAC.”  She also noted the split decision and concluded “Serving the people of NSW was an honour and privilege which I never took for granted. I always worked my hardest to look after the welfare and interests of the people of NSW.” 

Appellate courts, the hair police and black letter law

Appellate courts are best known for their rulings in cases of great public interest or legal significance; in the former category these typically are those involving celebrities, sex or anything especially gruesome and in the latter, constitutional matters.  There are exceptions (and some appellate courts do also function in certain specialized matters as courts of first instance) and the US Supreme Court (USSC) has agreed to hear parking-ticket and other minor matters if the law under which a conviction was obtained happened in a jurisdiction where the offence was deemed one of absolute liability and an appeal not permitted.  In those matters, the court held that in the US, a legal principle existed that the state could not convict a citizen of something without granting a means of appealing the decision.  Courts of appeal also hear the quirky and bizarre and in 2022 an appeal was lodged in the Supreme Court of Japan, a young woman in Osaka Prefecture seeking to overturn a ruling from the Osaka High Court that her former high school’s rules and guidance forcing her to dye her brown hair black were lawful.

The young lady had in 2015 enrolled in a high school (operated by the prefectural government) and in the original case (decided by the Osaka District Court) she alleged teachers had at least weekly told her to dye her hair black, instructions which continued despite her explanation she was born with brown hair and it was her natural color.  In September 2016, she began refusing to go to school, her suit against the prefectural government alleging she had suffered mental stress.  In 2021, the district court ordered the prefectural government to pay ¥330,000 (US$3,100) to the former student for certain actions (such as such as removing her name from school rosters after she stopped attending) but ruled also the school’s enforcement of the hair-related regulation exceed the discretionary authority it had been granted.  The plaintiff took the case to Osaka High Court (the first appellate layer) which held that, on the basis: “a wide range of discretion must be permitted for school education in order to allow diversified educational guidance in line with individual and collective conditions”, the ruling of the district court was upheld.  The case was well publicized and attracted much public interest (and comment) and, presumably nudged, the Osaka’s Prefectural Board of Education undertook a survey of rules at high schools under their control but concluded the “compulsory black hair” rule was “necessary”, issuing a statement saying “We will meticulously explain the necessity in order to gain understanding from students’ parents”.  That didn’t please the by now bolshie (former) schoolgirl and in her appeal to the Supreme Court (the next appellate layer) claimed banning brown hair was “unconstitutional”, citing Article 13 of Japan’s Constitution, which stipulates people’s right to pursue happiness.

The case attracted the interest of Doshisha University’s Professor Kayoko Oshima (b 1959) who explained the substantive matter was more the repeated demands the girl “dye her hair black rather than the rule itself”, his point being that the purpose of the rule was to prevent the dying of hair to ensure lurid greens or blues (or, God forbid, blondes) weren’t seen and in the case of someone with natural brown hair, the ruling shouldn’t be enforced.  In other words, for these purposes there should be the legal fiction that “brown is black”, something like the “honorary white” status the Apartheid-era South African government would sometimes grant to visiting PoCs (persons of color; typically athletes or politicians).  The rule, according to the professor, was thus rational but, in certain circumstances, its enforcement was not; an example of the “unintended consequences” which sometimes occur in the application of “black letter law”.

While the matter proceed through Japan's not especially rapid civil system, news organizations began reporting other interesting rules school impose on their female students including mandating white underwear and banning pony-tails on the basis that were the nape of the neck so scandalously to be exposed, it would risk “sexually exciting” male students.  Hair color, length and pony-tails are subject obviously to visual inspection but it's not clear if the underwear dictates are enforced by the same method.  The wide publication of these rules drew much derision and in response, early in 2022, the Tokyo prefecture announced those with natural hair other than black would no longer be required to dye to conform and that underwear need no longer exclusively be white.  The Tokyo authorities took an omnibus approach to reform, announcing also that a wider range of hairstyles would be permitted including the “two-block” (short on the sides and back while long on top) which was interesting because like the also permitted bob, the risk of napes being flaunted was obviously there.  Legal observers commented it was an example of a typically Japanese attempt to be flexible yet not be seen over-turning long defended-rules.  Thus the pony-tail proscription stands even though its rationale was undermined by the new permissiveness extending to the bob; again, black letter law.  Collectively, the “draconian rules” are known in Japan asブラック校則 (buraku kosoku) (black rules) and they have existed since the 1970s when it was noted “foreign influences” were beginning to intrude, resulting in previously unknown "behavioral issues".  As well as hair color and seductive pony tails, the most rigorously policed seems to have been skirt length, particular attention devoted to detecting the devious trick of “skirt-folding”, the standard workaround for those seeking the “above-knee look”.  Knees, it would seem, are thought as potentially provocative as the naked nape of the neck.

Ai Nishida San (b 1992) as she is (left) and as her school decided history would remember her (left).

Interestingly, high-tech Japanese school administrators have proved that even if the day comes when they can no longer make black hair compulsorily, with a little judicious digital editing, retrospectively they can make it seem as if uniformity is maintained.  In 2021, one student circulated a “before & after” pair of images, one her school photograph in untouched form (left), the other as it appeared in her school’s yearbook (right), the latter with hair in an acceptably shiny black.  Commenting on the editing, the former student said the message conveyed by the practice was it “…enforces the idea that black straight hair, a stereotypically Japanese look, is right”, the obvious implication being anything else is wrong and thus un-Japanese.  Her school had actually been accommodating, telling her that because it was her natural color, she was exempt the attention of the hair police and she thought little more about it until she received her 2007 yearbook when she realized she had been rendered “more Japanese”.  Ai Nishida San called the school’s actions “racist” and while, in the narrow technical sense, it might be more correct to suggest the motives were “racialist”, it’s certainly either and hardly in the spirit of the submission Japan’s delegation to the Paris Peace Conference (1919-1920) made, arguing for racial equality to be recognized as one of the core concepts underpinning international relations in the post-war (which turned out to be the inter-war) era.

Pencil

Pencil (pronounced pen-suhl)

(1) A slender tube, usually of wood, metal or plastic containing a core or strip of graphite (still referred to as lead) or a solid coloring material, sharpened to some extent, used for writing or drawing.

(2) A stick of cosmetic coloring material for use on the eyebrows, eyelids etc.

(3) Anything shaped or used like a pencil, as a stick of medicated material.

(4) In optics (from the seventeenth century), an aggregate or collection of rays of light, especially when diverging from or converging to a point.

(5) In geometry (from the nineteenth century), a set of geometric objects with a common property, such as the set of lines that pass through a given point in a projective plane.

(6) As a verb, "to pencil in", to schedule or list tentatively, as or as if by writing down in pencil rather than in more permanent ink.

(7) In animation, as "pencil-test", a first take of pictures, historically on black and white film stock, now emulated in software; also used to describe a test which assesses (1) the viability of bralessness (Western tradition) or (2) one's attainment of "real womanhood" (Chinese use).

(8) In medicine, a small medicated bougie (from the nineteenth century and now archaic).

(9) A paintbrush (from the fourteenth century and now archaic).

1350–1400: From the Middle English pencel (an artist’s fine brush of camel hair, used for painting, manuscript illustration etc), from the Anglo-Norman and Old French pincil (artist's paintbrush) from the Old & Middle French pincel from the Medieval Latin pincellus, from the Latin pēnicillum & pēnicillus (painter's brush, hair-pencil (literally "little tail"), a diminutive of pēniculus (brush), a diminutive of penis (tail).  It’s from the old French variant pincel that Modern French gained pinceau (paintbrush).  The verb pencil emerged early in the sixteenth century as pencellen (apply (gold or silver) in manuscript illustration) and by the 1530s was being used in the sense of “to mark or sketch with a pencil-brush”, extended to work undertaken with lead pencils from the 1760s.  Despite the obvious similarity, there is no relationship with the word pen.  The spelling pensill is long obsolete.  Pencil is a noun & verb, penciler is a noun, penciled is a verb, penciled is a verb & adjective and pencillike is an adjective; the noun plural is pencils.  The additional "l" (penciller, pencilled etc) is used in traditional British spelling.

The alluring catwalk combination of a "pencil-thin" model (note the shoulder-blade definition) & polka-dots.  The industry has “solved” the problem of the perception of models being “dangerously thin” by adding a token number of “plus-size” units to their DEI (diversity, equity and inclusion) roster.  However, the agencies report the fashion houses still first select the slenderest.

Pencils are produced in quite a variety and specialized types include the carpenter's pencil, the wax (or china) pencil, and the color pencil although what’s more precisely defined are the technical descriptions based on the specification of the graphite (HB, 2B etc), used to rate darkness and hardness.  A propelling pencil is one with a replaceable and mechanically extendable lead that wears away with use, designed to provide lines of constant thickness without requiring sharpening and typically featuring a small eraser at the end opposite the tip.  Pencil pouches and pencil cases are containers in which one stores ones pencils and related items (pencil sharpener, eraser et al); by convention a pouch was made of a soft material while cases tended to be fashioned from some hard substance (steel, wood, plastic etc) but the terms are used loosely.  A kohl pencil (also called an eyeliner pencil) is one with a kohl core (which can be sharpened in the usual manner) used for enhancing the eyes.  The golf pencil was originally designed for golfers and was about three inches (75 mm) in length though they’re now commonly used in situations where pencil turnover is high (election booths, gambling houses etc).

School pencils are a useful way to convey important messages to children.

The "pencil skirt" is a close-fitting garment which classically was knee to calf length.  In explosives, a "pencil detonator" (also as "time pencil") is a timed fuse designed to be connected to a detonator or short length of safety fuse.  "Pencil-thin" is a term (historically one of admiration but of late also used negatively) for an especially slender woman but it can be applied to any thin object (synonymous with "stick-thin", thought a clipping of the earlier zoological reference "stick insect thin").  The phrase "power of the pencil" is from professional gambling and refers to an authority to charge a punter's gambling or other bills to the casino (the house).  The "lead in one's pencil" is slang which referencing the state of erection of one's penis; to "put the lead into one’s pencil" referred to some form of stimulation which induced such an erection (including presumably the sight of an attractive, pencil-thin woman).  To "pencil something in" is to make a tentative booking or arrangement (on the notion of being erasable as opposed to using ink which suggests permanence or something confirmed); the phrase has been in use only since 1942.  The derogatory slang "pencil-pusher" (office worker) dates from 1881; prior to that such folk had since 1820 been called "pen-drivers", the new form reflecting the arrival at scale of mass-produced pencils.  The derogatory "pencil neck" (weak person) was first noted in 1973 while "pencil dick" (a penis of a girth judged inadequate or a man with such an organ) is documented in US slang since 1962.

Lindsay Lohan in pencil skirts: The pencil skirt can be thought the companion product to the bandage dress; while a bandage dress ends usually above the knee (the more pleasing sometimes far above) a pencil skirt typically falls to the knee or is calf-length.

Technical terms for the grips with which a pencil is held.

The test pencil is a device with a small bulb or other form of illumination which lights up when an active current is detected.  Available in many voltages (the most common being 12, 24, 48 (for automotive and other low-voltage applications) and 110/120 & 220/240v), they work either by direct contact with the wire through which the current passes or (through the insulation) as a proximity device.  The "test pencil" should not be confused with the "pencil test" which is either (1) in animation, an early version of an animated scene, consisting of rough sketches that are photographed or scanned (now overtaken by technology which emulates the process in software and almost obsolete but the term is still used by graphic artists to describe conceptual sketches or rough takes), (2) in apartheid-era South Africa, a method of determining racial identity, based on how easily a pencil pushed through a person's hair could be removed and (3) a test to determine the necessity (some concede on the advisability) of wearing a bra, based on whether a pencil placed in the infra-mammary fold stays in place with no assistance (which sounds standardized but sources vary about whether the pencil test should be performed with the arms by the side or raised which can significantly affect the result.

The Pencil Test

The pencil test: In the West this photograph would be graded "fail"; in China it’s a "pass", an example of "cultural specificity".

Although it sounds a quintessentially TikTok thing and did trend in 2016, the year the Chinese version of TikTok was released, re-purposing of the pencil test by Chinese women as the “true womanhood” test actually pre-dated the platform.  Like the best trends it was quick and simple and required only the most basic piece of equipment: a pencil (although a pen would do).  The procedure was the classic pencil test used to determine the viability of bralessness but, unlike the occidental original where the pencil falling to the ground was graded a “pass”, in the oriental version, that’s a “fail”, the implement having to sit securely in place to prove one is “a real woman”.  Millions of images were uploaded to Chinese social media channels as proof the challenge had been passed; this presumably will assist in ensuring one doesn’t become a leftover woman.

The Flying Pencil

Prototype Dornier 17 V1, 1934.

One of terms of the Treaty of Versailles (1919), imposed on Germany after the World War I (1914-1918) was it was denied the right to military aviation.  Those familiar with the operations of sanctions in the twenty-first century will not be surprised that within a few years, there were significant developments in German civil aviation including gliding clubs which would provide the early training of many pilots who would subsequently join the Luftwaffe, even before the open secret of the organization’s existence formerly was acknowledged in 1935.  Additionally, under well-concealed arrangements with Moscow, German pilots underwent training in the Soviet Union, one of the many programmes in a remarkably flourishing industry of military exchanges undertaken even during periods of notable political tension.  In those years, the German aircraft industry also had its work-arounds, sometimes undertaking research, development and production in co-operation with manufacturers in other countries and sometime producing aircraft notionally for civil purposes but which could easily re-purposed for military roles.  An example was the Dornier Do 17, nicknamed the “flying pencil” in an allusion to the slender fuselage.

Battle of Britain era Dornier Do17 E, 1940.

In 1934, Dornier’s initial description of the Do 17 as a passenger plane raised a few eyebrows in air ministries around the continent but in an attempt to lend the ruse a (thin) veneer of truth, the company submitted the design to Deutsche Luft Hansa (which became the modern carrier Lufthansa), the airline admiring the speed and flying characteristics but rejecting the proposal on the reasonable grounds the flying pencil had hardly any room for passengers.  To all observers, the thing was obviously a prototype bomber and one of the fastest and most advanced in the world but to maintain the subterfuge, Dornier instead claimed it was now a “fast mail transport”.  That fooled few but so soon after the Great War, there was little appetite in Europe for confrontation so Dornier was able to continue to develop the Do 17 as a bomber, adding a glazed nose, provision for internal armament and an internal bomb bay.

Dornier Do 217 E, 1943.

The deployment as part of the Condor Legion in the Spanish Civil War (1936-1939) provided valuable information in both battle tactics and the need for enhanced defensive armaments and it was these lessons which were integrated into the upgraded versions which formed a part of the Luftwaffe’s bomber and reconnaissance forces at the start of World II.  They provided useful service in the early campaigns against Poland, Norway & the Low Countries but the limitations were exposed when squadrons were confronted by the advanced eight-gun fighters of the Royal Air Force (RAF) in the Battle of Britain (July-September 1940).  However, in the absence of a better alternative, they played an important part in the early successes Germany enjoyed in the invasion of the Soviet Union but such was the rapidity of art-time technological advances that by 1942 the Do 17 was obsolescent and withdrawn from front-line service, relegated to training and other ancillary roles.  The slim frame which had in 1934 helped provide the flying pencil with its outstanding performance now became a limitation, preventing further development even as a night-fighter, the role assigned in those years to many airframes no longer suitable for daytime operations.  Its successor, the Do 217 was notably fatter in the fuselage but even it was soon rendered obsolete and by 1944 had been withdrawn from front-line service.

The extraordinary Mohammed Rafieh

A COVID-19 era Mohammed Rafieh at work in his Persian pencil place.

Mohammed Rafieh opened Medad Rafi in Tehran in 1990, specializing in color pencils, a description which is no exaggeration.  Although his stock numbers in the thousands, Mr Rafieh has no need for databases, barcodes or lists of part-numbers, having committed to memory the place of every pencil in his shop, an inventory said to include every color known to be available anywhere in the world.  Mr Rafieh's shop is located in the vast bazaar which sits between the two mosques in Tehran's district 15.  Medad (مداد) is Persian for pencil and Rafi the affectionate diminutive of Rafieh so in translation the shop is thus "Rafi's Pencils"; never has Mr Rafieh been accused of misleading advertising.

Mr Rafieh at work.

The pencil in its familiar, mass-produced form is surprisingly modern.  Quills made from bird feathers and small brushes with bristles from a variety of creatures were used long before chalk or lead pencils.  Sticks of pure graphite (commonly (if chemically inaccurately) known as "black lead") were used in England for marking writing instruments from the mid sixteenth century while the wooden enclosure was a contemporary innovation from the Continent and it seems to have been in this era the word pencil was transferred from a type of brush to the newly encapsulated "graphite writing implement".  The modern clay-graphite mix, essentially little different to that still in use, was developed in the early nineteenth century, mass-production beginning in mid century, something made possible by the availability of cheap, precision machine tools.  The inventor of the handy innovation of an eraser being attached to the end opposite the sharpened lead was granted a patent in 1858.  Some like these on pencils and some don't.

Pencil sharpeners of increasing complexity.  Unless one has specific needs, the old ways are usually the best.

The modern pencil also encouraged the development of the pencil sharpener, one of the world's most simple machines and something which really hasn't been improved upon although over the last century an extraordinary array of mechanical and electro-mechanical devices have been offered (some so wondrously complex it's suspected they existed just to flaunt the engineering although they do make fine gifts for nerds; it's likely nerds do prefer pencils to pens).  Apparently first sold commercially in 1854 (prior to than a hand-held blade of some sort would have been the usual method), some have been intriguing and imaginative designs which sometimes found their specialized niche but none sharpen a pencil better than the cheapest and most simple.  Even now, if one has paper, the creation of just about anything in theoretical physics, poetry or literature demands little equipment beyond pencil, sharpener & eraser.  

The Faber-Castell production process.

The pencil as collectable

Lot 278: Four volumes of Roget's International Thesaurus.

Pencils can be collectables if their provenance adequately is documented.  Doyle’s in New York on 18 June 2024 conducted an auction of some items from the estate of US composer and lyricist Stephen Sondheim (1930–2021), attracting dealers, collectors & Sondheim devotees and Lot 278 was indicative of the strength of bidding: four (well worn) volumes of Roget's International Thesaurus.  Although one was from the first printing (June 1946), it lacked a dust jacket and came with library markings and a “Withdrawn” stamp.  None of those offered were rarities (reflected in the pre-sale estimate of US$200-300) but the hammer fell at an impressive US$25,600.  The stationery freaks (it really is quite a thing) were also in the crowd, a signed spiral notebook selling for what one commentator called “a startling US$15,360.”

Lot 275: Three boxes of Eberhard Faber Blackwing 602 pencils.  They were not cylindrical so, like a "carpenter's pencil", were less prone to rolling onto the floor.  

What was most surprising though was the fate of Lot 275: “Three boxes of vintage Blackwing 602 pencils (Circa 1940s-1950s).  Three blue boxes printed with "Eberhard Faber/Blackwing/Feathery-Smooth Pencils, two of the boxes complete with 12 pencils, one with 8 only (together 32 pencils).  Some wear to the boxes and drying of the erasers.”  Sondheim was a devoted Blackwing user, telling one interviewer: “I use Blackwing pencils. Blackwings.  They don’t make ’em any more, and luckily, I bought a lot of boxes of ’em.  They’re very soft lead.  They’re not round, so they don’t fall off the table, and they have removable erasers, which unfortunately dry out."  The pencils sold for US$6,400 against a pre-sale estimate of US$600-800.

The pencils were an example of how critical is provenance in the collectables market.  In June 2023, Bloomfield Auctions in east Belfast, Northern Ireland, held a “specialist” sale focused “militaria, police and important Irish historical items”, one entry with a pre-sale estimate of US$65,000-100,000 being Lot 148: “An engraved, silver-plated pencil, believed to have been a 52nd birthday present (20 April 1941) from Eva Braun (1912–1945) to Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945).  On the day, the pencil sold for US$6,900.

The lower than expected price may have been the result of doubts being cast on the authenticity of the item’s claimed history.  Technically, Lot 148 was a mid-20th-century mechanical pencil, of white metal (presumably one with a high nickel content) and silver-plated, engraved along one louvered side facet with the inscription: ZUM 20 APRIL 1941 HERZLICHST EVA.  That’s an abbreviated form of phrase typically used on occasions such as birthdays, the brevity necessitated by the surface area with which the engraver had to work, the pencil only some 3¼ inches (82.5 mm) long.  Deconstructed, the sentence fragment begins with the preposition “to” and a contracted, inflected article of speech, “the” expressed in the dative case.  Zum is literally “To the...”, understood as “Upon the...”.  So, the signatory (“Eva”) is marking the occasion the birthday on 20 April 1941, the inherent formality of form what one would expect in a gift to a head of state though perhaps not one from a lover.  However, the very existence of the relationship between the Führer and the woman who later briefly would be Frau Hitler was unknown beyond his court circle and it may have been even the jeweller wasn’t to be given a hint; the exact (physical) nature of their relationship remains a mystery.  However, the word herzlichst is from the root noun Herz (heart) and as an adjective or adverb, herzlich, is often used in the sense of “heartful” or “heartfelt” which at least suggests something intimate and the –st suffix operates to create a superlative, which if literally translated (“most heartful” or “most heartfelt”) sounds in English like something which might be used ironically or cynically but there’s nothing to suggest it should be understood as anything but something like: On the occasion of the 20th April, 1941, most heartfully, Eva.

The "Hitler" Pencil top.

The provenance of the pencil however proved controversial, something not helped by the anonymity of the seller and the lack of any documentary trail which might have helped confirm the veracity of the back-story.  While one could speculate any number of the life the pencil may have led over the decades, no evidence was offered.  The sale also attracted criticism which is increasingly heard when auction houses offer any of the militaria, memorabilia and ephemera connected with Hitler or the Nazis in general.  Although such objects have for decades been collectables there’s now more resistance to the notion of profits being derived from the trade in what is, in some sense, “the commemoration of evil” and the Chairman of the European Jewish Association had called for the pencil to be withdrawn from sale, issuing a statement in which he called the auction part of a “…macabre trade in items belonging to mass murderers, the motives of those buying them are unknown and may glorify the actions of the Nazis, and lastly, their trade is an insult to the millions who perished, the few survivors left, and to Jews everywhere.”  The president of the Board of Deputies of British Jews described the sale as “…distressing, disturbing and hugely disrespectful”, arguing that even if of historical significance “…these items have no place in our country other than inside the walls of a museum or other institution where they can be used to teach about the results of anti-Semitism.”

1938 Mercedes-Benz 770K (W150) Cabriolet F, a seven passenger tourer & parade car, pictured here with the folding soft-top in sedanca de ville configuration.

There is still some tolerance for the trade in items which would otherwise anyway be collectables (such as the Mercedes-Benz 770Ks (W07 (1930-1938) & W150 (1938-1943), many of which when offered are claimed (dubiously and not) to have some association with Hitler) and for anything of genuine historical significance (such as diplomatic papers) but the circulation of mere ephemera with some Nazi link is increasingly being condemned as macabre and the higher the prices paid, the most distasteful it seems.  A spokesman for Bloomfield Auctions defended the inclusion of such items in the sale, arguing they “…preserve a piece of our past and should be treated as historical objects, no matter if the history they refer to was one of the darkest and most controversial in recorded history.”, adding “We do not seek to cause hurt or distress to any one or any part of society” and that buyers typically were “legitimate collectors who have a passion for history… all items are a part of history, and we shouldn't be writing history out of books or society.”

Pencil sculpture by Russian artist Salavat Fidai (b 1972).