(1) To
take back or withdraw; annul, cancel, rescind or reverse; rescind or repeal.
(2) To
bring or summon back.
(3) In
certain card games, to fail to follow suit when possible and required (renege
the more common term).
(4) Such
an act or instance of revoking.
1300–1350:
From the Middle English revoken, from
the Latin revocāre (to call again; to
call back; withdraw), the construct being re-
(in the sense of “again”) + vocāre (to
call).The synonyms (depending on
context) are countermand, nullify, recall and retract.Revoke is a noun & verb, revoker is a
noun, revoked & revoking are verbs and revokingly is an adverb; the noun
plural is revokers.
Irrevocable (pronounced ih-rev-uh-kuh-buhl
(U) or ih-ri-vohk-kuh-buhl (non-U))
Not to
be revoked or recalled; unable to be changed, repealed or annulled;
unalterable.
1350–1400:
From the Middle English, from the Middle French irrévocable from the Latin irrevocābilis
(that which cannot be recalled, unalterable), the construct being ir- (the prefix an assimilated form of in- (not, opposite of)) + revocabilis (able to be revoked).Irrevocable is an adjective, irrevocableness
& irrevocability are nouns, and irrevocably is an adverb; the noun plural
is irrevocabilities.
The
trust, Rupert Murdoch and irrevocably
The
trust in its modern form is an invention of English common law.Although the trustee concept was a part of
Roman civil law, its operation essentially was restricted to the a class of
ownership of assets held by someone who would now be known as the executor or
administrator of the estate of a deceased; the administrator would be the legal
owner (though not necessarily the possessor) of the goods but their rights to
them was limited to distributing them (or if sold or dissolved, their value) to
the beneficiaries named in the deceased testamentary documents (will).The novel innovation of the English common
law was to apply a similar concept to the property of someone living.During the Crusades (the expeditions by
Christian military formations between 1095-1291 attempting to retake the Holy
Land (Jerusalem and its environs)), it was the practice for a land-owning
Crusader to convey (ie transfer ownership) his property to another so the
estate could continue to operate as part of the feudal land system, this done
on the basis that upon his return to England, the property would revert to
him.Most such arrangements were honored
but some were not and because English law regarded land title as absolute,
whomever was the legal “owner” of the land could defend that right against any
claim.A subject’s only recourse was to seek justice by petitioning the king and in most cases the matter would be
referred to the chancellor (an office something like a mix of prime-minister
& minister of justice) who would decide each case on its merits.That of course resulted in inconsistencies
and led to the development of the Court of Chancery and the emergence of the principles
of the law of “equity”, designed both to remove inconsistencies and avoid the
injustices sometimes the result of the strict application of the rigid rules of
the common law.
Thus
the emergence of the trust in which property could be transferred from one to another
but with rights of the legal “owner” of the property in the trust restricted by
the terms of the trust (typically that the property or its proceeds could be
used or applied only to those beneficiaries named); the “legal owner” was thus
really the trustee (the administrator).It was a mechanism which proved useful over the centuries including
during the wars of religion when trusts could be created to protect property
from confiscation.The trust is a
flexible beast and a variety exist including the “secret trust” (although in
most places they’re not as secret as once they were) and although most trusts
formally are created an so-named, if an arrangement is found in substance and
operation to be “a trust in all nut name”, a court can declare it to be a trust
(technically a “constructive trust”).Trusts
are widely used today, mostly tax-minimization platforms because, as a general
principle, income gained by a trust is not taxable until paid out to a beneficiary.That has made trusts of great interest to
those advocating tax-reform but because among the most enthusiastic users of
trusts are the rich and politicians (society’s most dynamic and influential
symbiosis whether in New York, Moscow, Beijing, Islamabad or Pyongyang), not much is likely to change.A particular flavor of trust is the “irrevocable trust” which, as the
name suggests, should be one in which the terms cannot be altered.
Washoe
County Courthouse (1910), Reno Nevada.Built in Classical Revival style, it first gained national attention
when the combination of liberal residency requirements and liberal divorce laws created a "divorce boom" which made a significant contribution to the
Nevada economy.
In 1999 Rupert Murdoch (b 1931), at the time of his second
divorce, created the Murdoch Family Trust (MFT), into which was transferred the
shareholdings of a number of companies and the terms of the trust were such
that the succession plans for his media empire were settled.The trust grants the family eight votes, Mr
Murdoch controlling four, each of his eldest four children holding one;
upon Mr Murdoch’s death, his four would have been distributed equally to them.The device was created as an “irrevocable
trust” as part of the terms of the divorce, the ex-wife waiving the right to a
much higher payout in return for the “irrevocable” protection the terms of the
trust afforded the four children.In December
2023, Mr Murdoch filed papers in Reno, Nevada seeing to amend (ie in the
technical sense “partially revoke”) the terms of the “irrevocable” MFT to the
extent that his oldest son would assume full control over News Corp, the
holding company which manages literally hundreds of assets (the best-known of
which is now Fox News), excluding the other three siblings.This was about operational control and did
not affect the children’s financial stake in the trust.The matter (In the Matter of the Doe 1 Trust) was in September 2024 heard
before a probate commissioner, in camera, at Washoe County Courthouse, the
parties (1) Rupert Murdoch and the eldest son on one side and (2) the three
other siblings on the other.
Mr
Murdoch had not previously been much associated with the state of Nevada but
his legal team chose to file in Nevada because the state has the nation’s most
flexible (they like to use the term “progressive”) statutes relating to trust
law and it was thus concluded it was there that the highest chance existed for
amending an “irrevocable” trust.The
Nevada approach in these matters in interesting in that the state permits “decanting”,
a process by which a trustee can transfer assets from one trust into a new
trust with different terms, in effect modifying the original trust in that the
assets become subject to different rules.Decant (inter alia “to pour from one vessel into another”) was from the
French From French décanter, from the
Medieval Latin dēcanthāre, the
construct being dē- (of; from) + canthus
(beak of a cup or jug).For
administrative simplicity, decanting does not require the approval of a court
but can be subject to challenge if it’s alleged a trustee lacks the requisite discretionary
authority under the terms of the original trust document.
Wedding
day: Rupert Murdoch (b 1931) & model Jerry Hall (b 1956).The ceremony was conducted at Church of
England church of St Bride's, Fleet Street, London, March 2016.The couple divorced in 2022.
Under Nevada law,
despite the name, an “irrevocable trust” is not “irrevocable” in an absolute
sense because beneficiaries and trustees can agree to modify the terms of such
a trust, even if the trust is irrevocable. This process (a “non-judicial settlement
agreement”) avoids the need for a court hearing, thereby reducing the expense
and time required and exemplifies the sort of “flexibility” Nevada’s corporate
regulators cite as reasons why the state should be a trustee’s jurisdiction of
choice.However, Nevada does require any
modifications be consistent with the trust's purpose and not in violation with its
fundamental terms and moreover the usual principles of equity governing trusts
apply: there can be no unconscionable conduct.A Nevada court also can modify or terminate an irrevocable trust if the
trust's purpose has become impossible, impracticable, or illegal, or if
circumstances not anticipated by the original grantor arise.In that the remit of equity is wider than in
contract law where courts have always been reluctant to “write contracts”
although they will correct technical errors and a Nevada court can appoint a “trust
protector”, an officer with the authority to amend trust terms, change beneficiaries,
or even (under specified conditions) terminate the trust.This authority can extend to the creation of
a “directed trust” (a special class of constructed trust) which allow the
grantor or beneficiaries to appoint an entity or individual to oversee specific
trust decisions, which can include modifications (all of which are subject to
the supervision and ultimately the approval of the court).
The
decision of the probate commission in Reno will not have pleased Mr
Murdoch.In a 96 page opinion published
on 9 December, the commissioner found Rupert and Lachlan Murdoch (b 1971; the
eldest son) had acted in “bad faith” in their attempts to change the
terms of the irrevocable MFT, suggesting the pair had organized a “carefully crafted
charade” to “permanently cement Lachlan Murdoch’s executive roles”
inside the empire “regardless of the impacts such control would have over the companies
or the beneficiaries” of the MFT.He didn’t go as far as one New Zealand judge who once damned evidence brought before him as “an orchestrated litany of lies” but the tone
was still severe.
One untypical
aspect of the matter is that it wasn’t directly about money; most trust cases
involve money, indeed, a financial motivation is at the root of most civil
matters.Mr Murdoch was moved to seek to
change the terms of the MFT because he’d concluded Lachlan was the only one of
the four children who shared his views on how the editorial position of affected
media outlets (most notably Fox News) should be maintained, the other three
tending to a more liberal (in US terms) stance.Interestingly, although that may appear a family’s ideological squabble,
the documents which emerged from the discovery process in the matter of Dominion Voting Systems v Fox News
(Delaware Superior Court: N21C-03-257; N21C-11-082) which culminated (thus far)
in Fox settling the matter by paying Dominion some US$790 million, the
alternative being to continue the case and allow more of Fox’s internal
documents to enter the public domain) suggested that Mr Murdoch’s decisions
about such things are led more by a commercial imperative than any political commitment.In other words, Fox News should do what it
does because it attracted viewers (the product) to deliver to advertisers
(the customers); were the Fox News audience suddenly to have a moment of mass-catharsis
and become a bunch of seed-eating, basket-weaving hippie vegans, so would shift the Fox News editorial stance.
The
usual purpose of an irrevocable trust is to protect the beneficiary (or beneficiaries)
from others but they have been recommended for those who might be advantaged by
being “protected from themselves”.
So what
Mr Murdoch wishes to ensure is that Fox News keeps on doing what it does (and
whether one agrees with it or not, few would deny at what it does it’s the best
in the world) because that is the path to the highest financial benefits for
the MFT.Lachlan understands and the
others don’t so Mr Murdoch is trying to protect the three dissident children
from themselves.Whether defiant or
deluded, the dissident triumvirate were pleased with the recommendation: “We welcome the commissioner’s
decision and hope that we can move beyond this litigation to focus on
strengthening and rebuilding relationships among all family members.”It’s there’s a Murdoch family Christmas
dinner, there might be what a diplomatic communiqué would describe as a “frank and robust exchange of views”.
Wedding
day: Rupert Murdoch (b 1931) & molecular biologist Elena Zhukova (b 1956).The ceremony was conducted at Mogara, Mr
Murdoch’s Californian vineyard, June 2024.
The procedure in Nevada is the
commissioner’s opinion will now be referred to a district court judge, sitting
as a court of probate.The judge can
issue a ruling wholly favourable to one side or the other or in some way
structure a decision which gives something to each; there will thus be one
appeal or two and that may trigger more so although it’s possible the matter
may not be finalized before Mr Murdoch dies (God forbid), he recently celebrated
his fifth marriage so appears to remain robust and in rude good health.
(1) Discarded
material (often animal and vegetable matter from food production).
(2) Any
matter that is no longer wanted or needed.
(3) Anything
contemptibly worthless, inferior, or vile (physical material or, used
figuratively, any idea or content (literature, music, film, ideas, theories etc).
(4) Worthless
talk; lies; foolishness.
(5) In
informal use in architecture & design, unnecessary items added merely for
embellishment; garnish.
(6) In
the space industry, no non-functional artificial satellites or parts of rockets
floating in space (space junk, a genuine and growing problem in near-earth
orbit).
(7) In
computing, meaningless, invalid or unwanted data.
(8) The
bowels of an animal; refuse parts of flesh; offal (obsolete).
(9) In North
American slang (of ball sports), an easy shot.
(10) In
North American slang (of team sports), as “garbage time”, the period at the end
of a timed sporting event that has become a blowout when the outcome of the
game has already been decided, and the coaches of one or both teams will often
decide to replace their best players with substitutes.
(11) In
North American slang, to eviscerate (obsolete).
1400–1450:
From the Middle English garbage, garbidge
& gabage (discarded parts of
butchered fowls; entrails of fowls used for human food).In the Middle English, garbelage meant “removal of refuse from spices” & garbelure meant “refuse found in spices”
while the Old French garbage (also as
jarbage) meant “tax on sheaves of
grain”.Quite what were the mechanics of
the sense-shifts has never been clear and further to muddy the waters there was
also the Old Italian garbuglio (confusion).All dictionaries thus regard the original form
as being of “unknown origin”.The
familiar modern meaning (refuse, filth) has been in use since at least the
1580s, an evolution from the earlier sense of “giblets, refuse of a fowl, waste
parts of an animal (head, feet, etc) used for human food).Etymologists noted it was one of many words
to enter English through the vector of the French cooking book and its sense of
“waste material, refuse” was influenced by and partly confused with “garble” in
its older sense of “remove refuse material from spices” (while Middle English
had the derived noun garbelage it
seems only ever to have been used to mean “the action of removing refuse (ie
not the material itself)).In modern North
American use, “garbage” generally means only “kitchen and vegetable wastes”
while “trash” the more common term generally used of “waste; discarded rubbish”.The alternative spelling garbidge is obsolete
(although it does sometimes still appear as a marker of the use of an eye
dialect).Garbage is a noun, verb &
adjective, garbaging & garbaged is a verb and garbagelike is an adjective;
the noun plural is garbage.
Portrait
by Lindsay Lohan constructed entirely from recycled garbage by Jason Mecier (b
1968).His work is crafted using
discarded items and he attempts where possible to use objects in some way
associated with his subjects.Although
described by some as mosaics, his technique belongs to the tradition of
college.
The derived terms are many and include “garbage can” or “garbage bin” (a
receptacle for discarded matter, especially kitchen waste), “garbage bag” (a
bag into which certain waste is placed for subsequent (often periodic) collection
and disposal), such a bag functioning often as a “bin liner” (a usually plastic
disposal bag used to make the disposal process less messy), “garbage day” (or “garbage
time”), the day on which a local government or other authority collects the
contents of a householder’s garbage bin, left usually kerbside, “garbage
collector”, “garbage man”, “garbage lady” & “garbage woman” the employees (“garbos”
in Australian slang) who staff the collection process (known (usually
humorously) since 1965 also as “garbologists” whose trade is “garbology”, “garbage
truck” (A vehicle for the collection and removal of waste, usually a truck with
a custom-built apparatus to compact the collected waste), “garbage dump” (the
place to which garbage trucks deliver their load), “garbage disposal (unit)” (an
electric device installed in a kitchen drain that shred waste before washing it
down the drain (known commercially (sometimes capitalized) also as a “garburator”
or “garberator”), “garbage bandit” (the wildlife known to raid garbage bins for
food). For the two holding centres used in 1945 to imprison the suspected Nazi war criminals prior to trial, the British used the codename "Camp Dustbin" and the Americans "Camp Ashcan"; both resisted the temptation to use "garbage" or "trash". In coining derived terms or in idiomatic use, depending on the country, not only are "garbage" & "trash" used interchangeably, elements such as "ash", "rubbish", "dust" etc can also sometimes be substituted. Charlie
Chaplin’s (1889–1977) film The Great Dictator (1940) was a satire of the Nazi
regime (1933-1945) and the character that was a parody of Dr Joseph Goebbels
(1897-1975; Nazi propaganda minister 1933-1945) was named “Herr Garbitsch”
(pronounced garbage).
In
appearing to characterize the supporters of Donald Trump (b 1946; US president
2017-2021) as “garbage”,
Joe Biden (b 1942; US president 2021-2025) gave something of a “free kick” to
the Trump campaign which wasted no time in focusing on this latest gaffe to
divert attention from the joke which triggered the whole “garbagegate” thing.In mid-October, 2024 US comedian Tony
Hinchcliffe (b 1984), whole performing a set as part of the entertainment for a
Trump rally at New York’s Madison Square Garden, included material in keeping
with having “a bit of previous” in
the use of jokes regarded variously as anti-Semitic, misogynistic and racist,
the most controversial being: “I don't know if you guys know this, but there's literally
a floating island of garbage in the middle of the ocean right now. I think it's
called Puerto Rico.”The
punch-line was well-received, greeted with much laughter and applause.
Tony Hinchcliffe on stage, Madison Square Garden, New York, October 2024.
It was
interesting the comedian used “island of
garbage” rather than “island of trash”
because, in the US, “trash” is the more commonly used term and one which has a
long history of being applied to social & ethnic minorities (white trash,
trailer trash etc) which presumably was the intended implication. The choice may have been influenced by the
well-known “Great
Pacific garbage patch”, an accumulation of (mostly) plastic and other
marine debris in the central Pacific which is believed to cover at least
600,000 square miles (1.5 million km2). While “…literally
a floating island of trash” could have worked, not only would it have been
more blatant but the impact of the punch-line depended on the audience summoning
the mental image of the Pacific Ocean phenomenon (caused by and essentially
circular sea current which is oceanography is called a “gyre”) before learning
the reference was actually to Puerto Rico (and by implication, Puerto Ricans). The racial slur wouldn’t have pleased the
Trump campaign professionals who will have explained to their candidate that
while it’s important to “feed the base”
with messages they like, it doesn’t have to be done that often and certainly
not in a way with the potential to alienate an entire sub-set of demographic in
which a percentage are known to be the prized “undecided voters”. There is
a significant Puerto Rican population in three of the so-called “battleground
states” where the election will be decided.
Still
what’s done is done and there was a problem to be managed, but the problem soon
vanished after President Biden decided to issue a condemnation of the rally
saying: “The
only garbage I see floating out there is his supporters — his, his demonization
of Latinos is unconscionable, and it’s un-American.”That statement was reflected in the text of the
transcript prepared by the official White House stenographers, but the
political operatives in the White House press office decided to apply some spin,
appending a “psychological apostrophe”, rendering “supporters” as “supporter’s”,
explaining for those of us too dim to get it that what Mr Biden meant was that
his critique was limited exclusively to the deplorable comedian.Clearly the White House press office operates
in the tradition of “Don’t report what he says, report what he means”,
urged on reported by the staff of crazy old Barry Goldwater (1909–1998) during
his disastrous 1964 presidential campaign against Lyndon Johnson (LBJ,
1908–1973; US president 1963-1969).
President
Joe Biden nibbles on a baby dressed as chicken during White House Halloween
event, Washington DC, 31 October 2024.
Predictably, the “battle of the transcripts”
made things worse rather than better so Mr Mr Biden tweeted his “clarification”
on X (formerly known as Twitter): “Earlier today I referred to the hateful rhetoric about
Puerto Rico spewed by Trump's supporter at his Madison Square Garden rally as
garbage—which is the only word I can think of to describe it. His demonization
of Latinos is unconscionable. That's all I meant to say. The comments at that
rally don't reflect who we are as a nation.”The problem with the tweet was it was coherent
and used close to standard English grammar, leading readers immediately to
suspect it had been written by someone else, it anyway being widely assumed the
president is no longer allowed unsupervised use of any internet-connected
device.Worse still, the apparent disdain
of Trump’s supporters did appear to be in the tradition of Democratic Party “elite”
opinion of the people they like to call “ordinary Americans”, Barack Obama (b
1961; US president 2009-2017) in 2008 caught belittling small-town
Pennsylvanians for being bitter and turning to God, guns and anti-immigrant
sentiment to make themselves feel better (he was probably also thinking of
pick-up trucks and country & western music too) and crooked Hillary Clinton
(b 1947; US secretary of state 2009-2013) during the 2016 campaign infamously
described the Trump crowd as “a basket of deplorables”.Again, it’s really counter-productive to feed
an already satiated base if the menu also further alienate some of the
undecided.
Crooked Spiro & Tricky Dick: Spiro Agnew (1918–1996; US vice president 1969-1973, left) and Richard Nixon (1913-1994; US president 1969-1974, right).
The
Republican Party has for over fifty years paid much lip service to defending and
acknowledging the dignity of those they claim liberals in general and Democrats
in particular disparage as “garbage”, or “deplorable”. That they did this while driving down their
wages didn’t escape attention but one can’t help but admire the way the Republican
Party has managed to convince the deplorables repeatedly to vote against their
own economic self-interest by dangling before their eyes distractions like the
right to own guns, abortion and transgenderism.
Occasionally, there’s even been the odd amusing moment, such as on 11 September 1970 when Spiro Agnew gave a speech designed to appeal to what he called the "forgotten Americans", that group of white, working middle & lower class votes Nixon believe could be converted to the Republican cause because the once blue-collar Democratic Party had abandoned their interests to focus on fashionable, liberal causes such as minority rights. The tone of the speech (though perhaps not the labored syntax which would be rejected as TLDR (too long, didn’t read) in the social media age) would be familiar to modern audiences used to political figures attacking the news media and was a critique of what later Republicans would label “fake news”. In attacking the liberals, it also had some fairly tortured alterative flourishes:
“In the United States today, we have more than our share of the nattering nabobs of negativism. They have formed their own 4-H Club - the “hopeless, hysterical hypochondriacs of history” “…As long as they have their own association, crooks will flourish. As long as they have their own television networks, paid for by their own advertisers, they will continue to have their own commentators. It is time for America to quit catering to the pabulum peddlers and the permissive. It is time to speak up forcefully for the conservative cause."
Mr
Trump lost no time in exploiting the latest in a long line of Mr Biden’s
gaffes, turning up to a rally in Green Bay, Wisconsin (another battleground
state) in a Trump branded Freightliner garbage truck flying an American flag,
conducting an impromptu interview in the passenger’s seat decked out in the hi-viz
(high-visibility) gear worn by garbagemen.“How do
you like my garbage truck?” he asked reporters. “This truck is in honor of Kamala and Joe Biden.”
Probably
the Biden camp was lucky the comedian didn’t use “trash” in his racist joke because
had the president mangled his words enough to end up calling the Trumpers “trash” their reaction would likely have
been visceral because it would of course have been deconstructed as a clipping
of “white trash”.The slur “white trash”
has a long history in the US, first used in the ante-bellum South of the mid-nineteenth
century (possibly and certainly concurrently as “poor white trash”), said to be
the way black slaves referred to whites of low social status or working in
low-level jobs.It was apparently one of
the first of the attempts to find an offensive term for white people, something
which in the late twentieth century became something of a linguistic cottage
industry and although literally dozens were coined and some have had some brief
popularity in popular culture, none seem ever to have achieved critical mass
acceptance and, importantly, none seem ever much to have offended the white folks.Indeed, “white trash”, “white trashery” etc
have even been adopted by sub-groups of white society as a kind of class identifier,
rather as the infamous N-word has become a term of endearment among African
Americans.
Edgar Winter's White Trash Live at the Fillmore (1971)
and Edgar Winter's WhiteTrash Recycled (1977).
Edgar Winter
(b 1946) formed Edgar Winter’s White
Trash in 1971, the name an allusion to the stereotype of “white trash”
being most commonly found south of the Mason-Dixon Line because the band was an
aggregation of musicians from Louisiana & Texas.It was an example of a slur being “reclaimed”
and “embraced” by a group originally it target.
Even
when it’s directed at a whole society, the white people seem to cope. In 1980, Lee Kuan Yew (1923–2015; prime minister
of Singapore 1959-1990) felt compelled to issue a statement telling the people
of Australia their economy needed significant reforms were the fate of becoming
“the poor white trash of Asia” to be
avoided. Mr Lee’s advice was certainly prescient,
1980 being the last “good” year of the “old” Australian economy (things would
get worse before they got better) and the reforms would be imposed over the
next two decades (especially during the 1980s) but at the time, the mention of “poor
white trash” attracted less comment than the implication Australia was “an
Asian nation”, the political class dividing into an “Asianist” faction and a
group which agreed with the UN (United Nations) that like New Zealand, the
place belonged with “Western Europe and
others”.
(1) In slang (originally Australian) a trick, ruse, or
deception (often in the form “(s)he pulled a swiftie”).
(2) A self-identifying term used by the most devoted
(some suggest "obsessed") fans of the musician Taylor Swift (b 1989).The collective is “Swifties” (the initial
capital not always used) and as fandom they distinguish themselves from mere
casual listeners although the media tends to apply the term to all.In 2017, Taylor Swift trade-marked the term
Swiftie for commercial use and The Oxford English Dictionary elevated it from “slang”
to “word” in 2022; it was a finalist in
Oxford’s 2023 Word of the Year judging.
(3) As "Singapore Swiftie", an emerging alternative form for term "exclusivity clause", most associated with contract law.
1945: (for the Australian slang) and (at least) 2010 (of
Taylor Swift’s fans):The construct was
swift + -ie.The word swift existed in the
Middle English as an adjective & adverb prior to 900 and was an adjective
in the Old English.It was akin to the Old
English swīfan (to revolve) and the Old
Norse svīfa (to rove) and was most
common as an adjective (moving or capable of moving with great speed or
velocity; fleet; rapid; coming, happening, or performed quickly or without
delay; quick or prompt to act or respond).The Old English swift was from the Proto-Germanic swiftaz (swift; quick), from the primitive Indo-European sweyp & weyp- (to twist; wind around) and cognate with the Icelandic svipta (to pull quickly) and the Old
English swīfan (to revolve, sweep,
wend, intervene).While the derived
forms (swiftly, swiftness etc) are well-known and most have survived, one
which went extinct was the thirteenth century swiftship “the ability to run fast”.In the Australian way, the slang “swiftie”
(also often as “swifty”) was also re-purposed as a nickname for someone “slow”
(both mentally & physically).The
suffix -ie was a variant spelling of -ee, -ey & -y and was used to form
diminutive or affectionate forms of nouns or names.It was used also (sometimes in a derogatory
sense to form colloquial nouns signifying the person associated with the
suffixed noun or verb (eg bike: bikie, surf: surfie, hood: hoodie etc).Swiftie is a noun; the noun
plural is swifties.
The surname Swift was of English origin and is thought to
have been literally a reference to someone who was “swift” (a fast runner).There are entries in parish records in Suffolk
dating from 1222 recording the birth of “Nicholas,
ye sonne of Swyfte” and Swift evolved as a name often given to a messenger
or courier (the faster a carrier, the faster the transmission of the message, a
concept which has survived into the internet age.In the household books of the court of Edward
III (1312–1377; King of England 1327-1377), a Ralph Swyft was recorded as his
courier.The name became common in
England and in later centuries spread throughout the English-speaking world.
As SWIFT, it’s the acronym for the Society for Worldwide
Interbank Financial Telecommunication, an international consortium that routes
instructions concerning transfer of funds between financial institutions.Except in the business of money transfers, it
was an obscure organization until Mr Putin’s (Vladimir Vladimirovich Putin; b
1952; president or prime minister of Russia since 1999) special military operation against Ukraine when the significance of SWIFT in the commodities
markets (where fossil-fuel rich Russia is a big player) became widely understood after the
imposition of trade and other economic sanctions.
In the purple: Dr Taylor Swift in academic gown after being conferred an
honorary doctorate in fine arts from New York University, May 2022.
The noun swift was applied to name any of numerous
long-winged, swallow-like birds of the family Apodidae, related to the
hummingbirds and noted for their rapid flight. Swift was used also of several types of moth, butterfly & lizard noted
for their rapid movements and in engineering was used of the adjustable device on
the processing apparatus upon which a hank of yarn is placed in order to wind
off skeins or balls or the main cylinder on a machine for carding flax.In the plural, the word was used of the
faster-flowing current of a stream or reaches of a river and “swifts” in that
sense remains in literary and poetic use although it’s otherwise obsolete.Historically, the adjective Swiftian meant “of
or pertaining to the Anglo-Irish satirist and essayist Jonathan Swift
(1667–1745) or his works” (the best known of which were A Tale of a Tub (1704) & Gulliver's
Travels (1726) but of late it has in academia been used also of Taylor
Swift.Universities are businesses which
operate to make a profit and even Harvard now runs Taylor Swift courses which
focus on her musical and lyrical style.Jonathan
Swift in 1713 became Dean of St Patrick's Cathedral, Dublin, thus his later common
sobriquet: “Dean Swift”.It’s thought
unlikely Talyor Swift will follow her namesake into ecclesiastical
administration.
Operation Hummingbird (1934): Crushing the "Röhm Putsch"
Adolf Hitler looking at Ernst Röhm, 1934. Suspecting Röhm would at some time "pull a swiftie" on him, Hitler was persuaded to "pull a swiftie" first. Giver the swiftness at which things were executed, the operation's "hummingbird" tag was well-deserved.
Nacht der langen Messer (Night of the Long Knives), also called Unternehmen Kolbri (OperationHummingbird)was a purge executed in Nazi Germany between 30 June-2 July 1934, when the regime carried out a number of extrajudicial executions, ostensibly to crush what was referred to as "the Röhm Putsch".Targets of the purge were those in the Nazi (National-Socialist) movement labelled as identifying with the need to continue the revolution so it would be as much socialist as it was nationalist.Ironically, at the time, there was no putsch planned although Ernst Röhm (1887–1934; chief of the Sturmabteilung (the stormtroopers (the SA)), head of the four-million strong SA had certainly in the past hinted at one. A brutal act of mass-murder (the first of many to follow), the Night of the Long Knives was executed with remarkable swiftness and the most generous interpretation is it can be thought a "preventive" rather than a "pre-emptive strike". Elsewhere in Europe, the events were noted with some alarm although most statesman of the Western democracies came quickly to conclude (in the Westphalian way) it was an "internal German matter" and it was best politely not publicly again to speak of it. Among Germans, the lesson about the nature of the Nazi state was well-learned.
The Singapore Swiftie
The lawyers in the Singapore government have a famously acute commercial sense and wouldn’t have needed the back of an envelope,
let also a spreadsheet, to work out that if an exclusivity clause could be agreed
with Taylor Swift, guaranteeing her six concerts in the city-state would be her only performances in the region, the economic benefits in terms of inward capital flows
would be considerable.For Taylor Swift’s
operation too there would have been advantages, not the least of which would
have been Singapore’s high level of security and world-class infrastructure but
the cost off-sets would also have been considerable including a reduction in
travel expenses and the logistical impositions of touring (the set-up and
tear-down of the venues is a major operation with a high labor component).The amount the government paid for the
exclusivity clause wasn’t disclosed but presumably both parties were satisfied
with the transaction.Such is Ms Swift’s
cultural power that it seems not even Greta Thunberg (b 2003) was prepared to
risk incurring the wrath & indignation of the Swifties by commenting on the
addition carbon generated by so many of them flying to see their idol.
Exclusivity clauses are common in commercial contracts
and are used variously for purposes such as (1) guarding software, products or
services from unwanted distribution, (2) granting exclusive rights to certain
parties and forbidding the transfer of those permissions to others, (3) obliging
certain parties to purchase products or services exclusively from one’s company
rather than a competitor.So, there’s
nothing novel about exclusivity clauses and in most jurisdictions, usually they’re
enforceable unless they offend against some over-arching restriction such as “unconscionable
conduct” or a violation of competition rules.As a general principle, the guidelines for an exclusivity clause to be
held valid are (1) voluntariness (ie entered into without coercion), (2)
certainty of terms (ie no ambiguity), (3) a beginning and an end (although the
clauses can, with the agreement of both parties, be extended indefinitely, the clause
should be limited in time and renewal & termination protocols must be clear),
(4) product & service standards and payment terms must be clear (including
variation protocols) and (5) the consequences of any breach must be explicit
and detail specific remedies such as monetary compensation.
There are reasons other than the music to become a
Swiftie: The statuesque Taylor Swift in
a Sachin & Babi patchwork dress at Capital FM’s Jingle Bell Ball, London,
December 2014. The eye was drawn by the
intricate detailing and although some missed her trademark red lipstick, the
garment's array of variegated reds meant that would have been too much, the
same admirable restraint dictating the choice of black shoes. Solid colors tend to dominate the red carpet so
this piece was a rare splash of genuine adventurism.
Reaction to the deal (soon labeled the “Singapore swiftie”, the formation presumably influenced also by the equally alliterative "Singapore Sling")
in the region was swift.Authorities in
Hong Kong & Thailand were immediately critical and one Philippine politician
told local media Singapore was operating by “the law of the jungle” and not the law of a “neighborhood of countries bound by supposed principles of solidarity
and consensus”, a not so subtle reminder that in the neighborhood diplomatic
relations have in recent decades been usually smooth, the members of Asean (Association
of Southeast Asian Nations), the regional economic and security bloc, famously
operating on the basis of “consensus”, a reasonably achievement in an
organization of which Myanmar (sometimes still referred to as Burma) is a
member.
A Singapore Swiftie: Prime Minister Lee Hsien Loong.
However, even while the waves from west & north were
disturbing Asean’s usually calm waters, Lee Hsien Loong (b 1952; Prime Minister
of Singapore since 2004) was addressing the matter of the Singapore Swiftie in
a press conference conducted as part of an Asean summit held, unusually, in
Melbourne: “A deal was reached. And so it has turned out to be a very
successful arrangement. I don't see that
as being unfriendly” Mr Lee said, confirming an “incentive” had been paid to secure the deal. That matter had already attracted interest but
the Singapore Tourism Board declined to comment on the amount paid, saying the
terms were “commercial in confidence”
and Taylor Swift's concert promoter was just as reticent. The math however will have been done by many
and not only does the Singapore economy gain from all the visitors arriving to
rent hotel rooms, buy food and catch trains but the city state benefits also
from its citizens not leaving the territory, taking their money to neighboring countries
to spend there. Thus, Singapore’s gain
is the loss of others and while the numbers in the estimates of the benefit
gained bounce around a bit, all were in the hundreds of millions of US dollars.
Pulling a swiftie on X (when it was known as Twitter)?
Lindsay Lohan’s tweet to Taylor Swift on 14
December 2020 contained no message but it nevertheless garnered some 8K
retweets, 53K Likes and over 1000 responses.
Neither sender nor recipient have ever commented but Twitter's
deconstructionists pondered this postmodern message and concluded: "Lindsay
Lohan is a Swiftie."
Plenty of touring acts will have noted all of this and
while few have anything like the drawing power of Dr Swift, doubtless most
will have suggested promoters add the Singapore Swiftie to their negotiating
toolbox, the hope being that in playing countries & cities off against each
other, a bidding war will ensue; certainly, for decades, the approach has worked
well for operators like the IOC (International Olympic Committee), FIFA (Fédération
internationale de football association) and Formula One. Hopefully there’s also a linguistic legacy
and in the jargon of law and commerce, the dull & boring “exclusivity clause”
will be replaced by the exciting and attractively alliterative “Singapore
Swiftie”.
(2) Not in accordance with what is just or reasonable:
(3) Excessive; extortionate, imprudent or unreasonable
1560s: The construct was un- + conscionable.The un- prefix was from the Middle
English un-, from the Old English un-, from the Proto-West Germanic un-,
from the Proto-Germanic un-, from the
primitive Indo-European n̥-. It was cognate with the Scots un- & on-, the North Frisian ün-,
the Saterland Frisian uun-, the West
Frisian ûn- & on-, the Dutch on-, the Low German un-
& on-, the German un-, the Danish u-, the Swedish o-, the Norwegian
u- and the Icelandic ó-. It was (distantly) related to the Latin in- and the Ancient Greek ἀ- (a-), source of the English a-,
the Modern Greek α- (a-) and the Sanskrit
अ- (a-).Conscionable was from the Middle English conscions
(the third-person singular simple present indicative form of conscion), an obsolete
variant of conscience, + -able. The suffix -able was from the Middle English -able, from the Old French -able,
from the Latin -ābilis (capable or
worthy of being acted upon), from the primitive Indo-European i-stem forms
-dahli- or -dahlom (instrumental suffix); it was used to create adjectives. Conscience was from the Middle
English conscience, from the Old
French conscience, from the Latin conscientia (knowledge within oneself),
from consciens, present participle of
conscire (to know, to be conscious
(of wrong)), the construct being com-
(together) + scire (to know).The suffix -able was from the Middle English -able, from the Old French -able, from the Latin -ābilis (capable or worthy of being acted
upon), from the primitive Indo-European i-stem forms -dahli- of -dahlom
(instrumental suffix); it was used to create adjectives.Unconscionable is an adjedtive, unconscionableness is a noun and unconscionably is an adverb; the noun plural is unconscionabilities.
Like disgruntled, unconscionable is one of those
strange words in English where the derivation has flourished while the source
word is effective extinct.That said,
English is defined and constructed by being used and the word conscionable (in accordance
with conscience; defensible; proper) remains good English; it has merely faded
from use and is described by some dictionaries as obsolete, archaic or at
least, since the eighteenth century, a fossilized form of its surviving negative:
unconscionable. Conscionable in the 1540s meant "having a conscience",
the meaning expanding by the 1580s to refer to actions "consonant with
right or duty" and by the 1640s to persons, "governed by conscience".The Oxford English Dictionary (OED) notes
both conscious & conscioned were probably popular formations from conscion,
taken as a singular of conscien-ce by a misapprehension of the "s"
sound as a plural inflection. The related form was (and is) conscionably.
Unconscionability in the law
Unconscionability is a legal doctrine (most often applied in contact law) which
permits courts to strike-out or write-down clauses or agreements which are unduly harsh or so grossly unfair that that it would offend legal principles for them to be enforced. When a court uses the word "unconscionable" to describe conduct, it means the conduct does not conform to
the dictates of conscience as defined in law; it makes no judgment about whether they are at variance with other ethical constructs (although there will often be overlap). In addition, when something is judged unconscionable,
a court will refuse to allow the perpetrator of the conduct to benefit.If need be, entire contracts can be set-aside or declared void, even if they are otherwise constructed wholly in conformity with the rules of contract. A contract therefore can be found to be "legal" yet still be voided because it's held to be unconscionable in the same way a contract (for example an agreement between two parties in which one is paid to murder a third part can be held to be a "legal contract" yet be declared "void for illegality".
Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.
Unconscionability is determined by examining the
circumstances of the parties when the contract was made; these circumstances may include the bargaining power, age, and mental capacity of the
parties and the doctrine is applied only where it would be an affront to the
integrity of the judicial system to enforce a contracts.At law, as in moral theology, the concept of unconscionability
is probably absolute; something is either unconscionable or not.However, cases are considered on their merits
and the circumstances in which the unconscionable arose might color the detail
of a judge’s verdict.
Portrait of King Charles II in his Garter robes
(circa 1667), oil on canvas by Sir Peter Lely (1618-80).
The Most Noble Order of the Garter, an
order of chivalry and the senior order of knighthood in the UK’s honors
system, was founded by Edward III (1312–1377; King of England 1327-1377).Appointments are exclusively in the gift of
the sovereign and limited to two dozen living members (apart from royal appointees).The Garter was of great significance to Charles II (1630–1685; King of Scotland 1649-1651, King of Scotland, England and Ireland 1660-1685) as it had been his father, Charles I (1600–1649; King of England,
Scotland & Ireland 1625-1649) who awarded it as something symbolic of the
binding tie with his favored aristocrats.For Charles II, as the only dignity he was able to confer upon his adherents
while in exile during the interregnum (1649-1660), it was a potent symbol, proof
the King still retained the mystique and the power of monarchy. Charles II suffered a sudden apoplectic fit on the morning of
2 February 1685 and his doctors expected him to have the decency to die within the hour.Instead he lingered another four days before
expiring and just before, he apologised to those around him, his last words
being: “You must pardon me, gentlemen,
for being a most unconscionable time a-dying.”In this, as in many other things, he was
unlike his father Charles I, who died suddenly, executed by having his head cut
off.
(2) A sandwich consisting of a frankfurter (or some sort of sausage of similar shape) in a split
roll, eaten usually with (1) mustard, sauerkraut & relish or (2) mustard
& ketchup.
(3) Someone who performs complex, showy, and sometimes
dangerous manoeuvres, especially in surfing or skiing (hotdogging sometimes a defined
class in competition).
(4) Someone thought a show-off, especially in sporting
competition.
(5) In informal use, an expression of joy, admiration or
delight (occasionally also used ironically in the manner of “that’s great”).
(6) In New Zealand, a battered, deep-fried sausage or
saveloy on a stick (essentially the same concept as the US corn dog and the
Australian Dagwood dog).
(7) In slang, the human penis, a variation of which is
the “man sausage”.
(8) In slang, a sexually suggestive physical gesture
involving hip movement (usually as hotdogging).
1894: A coining in US English for commercial purposes,
the idea being the vague resemblance of the sausage to a dachshund dog, the “hot”
from the traditional use of mustard as a condiment although there’s evidence
the early suspicion some hot dogs included actual canine meat weren’t entirely
without foundation.The use as (1) an
interjection expressing joy, admiration or delight was another US creation
dating from around the turn of the twentieth century (the circumstances
unknown) and (2) a descriptor of someone who performs showy, often dangerous
stunts was also an Americanism from the same era.It seems to have begin in sport and is still widely
used but has become best known for its use in skiing and surfing where it’s
institutionalized to the extent some competitive categories have been named
thus.The variation “hot diggety dog”
(also clipped to “hot diggety” was used in the same sense as the interjection “hot
dog”, the interpolated “diggety” there for emphasis and rhetorical effect.The slang synonyms (mostly in the US and not
applied exclusively to hot dogs) have included “tubular meat on a bun”, “frank”,
“frankfurt”, “frankfurter”, “glizzy”, “pimp steak”, “tube steak”, “wiener”, “weeny”,
“ballpark frank”, “cheese coney”, “cheese dog”, “Chicago-style”, “Chicago dog”,
“chili dog”, “Coney Island”, “corndog”, “footlong”, “junkyard dog”, “not dog”, “pig
in a blanket”, “steamie” “veggie dog” & “frankfurter in a bun”.In informal use, both single word
contractions (hotdog) and hyphenated forms (hot-dog, hot-dogger etc) are common
and “hot dog!” as an interjection is heard in the US, especially south of the
Mason-Dixon Line.
Extra mustard: Lindsay Lohan (during "brunette phase") garnishing her hot dog, New York, 2010.
The construct was hot + dog.Hot was from the Middle English hot & hat, from the Old English hāt,
from the Proto-Germanic haitaz (hot),
from the primitive Indo-European kay-
(hot; to heat) and was cognate with the Scots hate & hait (hot), the
North Frisian hiet (hot), the Saterland
Frisian heet (hot), the West Frisian hjit (hot), the Dutch heet (hot), the Low German het (hot), the German Low German heet (hot), the German heiß (hot), the Danish hed (hot), the Swedish het (hot) and the Icelandic heitur (hot).Dog was from the Middle English dogge (source also of the Scots dug (dog)), from the Old English dogga & docga of uncertain origin.Interestingly, the original sense appears to have been of a “common dog”
(as opposed one well-bred), much as “cur” was later used and there’s evidence
it was applied especially to stocky dogs of an unpleasing appearance.Etymologists have pondered the origin:It may have been a pet-form diminutive with the
suffix -ga (the similar models being compare
frocga (frog) & picga (pig), appended to a base dog-, or
doc-(the origin and meaning of these unclear). Another possibility is Old
English dox (dark, swarthy) (a la frocga from frog) while some have suggested a link to the Proto-West Germanic dugan (to be suitable), the origin of
Old English dugan (to be good, worthy, useful), the English dow and the German
taugen; the theory is based on the idea that it could have been a child’s epithet
for dogs, used in the sense of “a good or helpful animal”.Few support that and more are persuaded there
may be some relationship with docce (stock, muscle), from the Proto-West
Germanic dokkā (round mass, ball, muscle, doll), from which English gained dock
(stumpy tail).In fourteenth century
England, hound (from the Old English hund)
was the general word applied to all domestic canines while dog referred to some
sub-types (typically those close in appearance to the modern mastiff and
bulldog.By the sixteenth century, dog
had displaced hound as the general word descriptor. The latter coming to be
restricted to breeds used for hunting and in the same era, the word dog was
adopted by several continental European languages as their word for mastiff. Unmodified, the English Hot Dog has been
borrowed by dozens of languages.Hot dog
is a noun, verb & adjective, hotdoggery & hotdogger are nouns,
hotdogging & hotdogged are verbs; the noun plural is hot dogs.
For the 2016 Texas State Fair, the manufacturer went retro, reviving the "Corny Dog" name although, in a sign of the times, vegetarian dogs were available.
The corn-dog (a frankfurter dipped in cornmeal batter, fried,
and served on a stick), although the process was patented in 1927, seems to
have come into existence between 1938-1942 (the sources differ with most preferring the latter) but it received
a lexicographical imprimatur of when it began to appear in dictionaries in 1949
and it was certainly on sale (then as the “corny dog”) at the 1942 Texas State
Fair.In Australia, the local variation
of the US corn dog is the Dagwood dog (a batter-covered hot dog sausage, deep
fried in batter, dipped in tomato sauce and eaten off a wooden stick), not to
be confused with the “battered sav”, a saveloy deep fried in a wheat
flour-based batter (as used for fish and chips and which usually doesn’t contain
cornmeal).The Dagwood Dog was named
after a character in the American comic strip Blondie.Dagwood, Blondie’s ineptly comical husband, did
have a dog albeit not one especially sausage-like and it may simply have been
it was at the time the country’s best known or most popular cartoon dog.
The hot dog as class-identifier: David Cameron showing how the smart set handle a hot dog while on the campaign trail, April 2015.
After
leaving Downing Street, Harold Macmillan (1894–1986; UK prime-minister
1957-1963) visited Lyndon Johnson (LBJ, 1908–1973; US president 1969-1969) in
the White House and was served lunch, a meal the former prime-minister found so
remarkable that in his six-volume memoirs it warranted a rare exclamation mark: "Hotdogs!" He didn’t comment further but it’s assumed his
experience of the culinary treat must have been the Old Etonian’s first and last. The hot dog certainly can be political, David
Cameron (b 1966; UK prime-minister 2010-2016 and another Old Etonian)
attracting derision after being photographed eating his hot dog with knife and
fork, something declared “out-of-touch” by the tabloid press which, while
usually decrying the class system, doesn’t miss a chance to scorn toffs
behaving too well or chavs too badly.
Cameron had other problems with takeaway snacks, caught being untruthful
about his history of enjoying Cornish pasties, another working class favourite. So it would seem for politicians, hot dogs
are compulsory but only if eaten in acceptable chav style.
Barack Obama (b 1961; US president 2009-2017) and David Cameron eating hot dogs (both in approved manner) at a college basketball game between Mississippi Valley State and Western Kentucky, Dayton Arena, Ohio, March 2012 (Western Kentucky won 59-56) (left) and UK Labour Party politician Ed Miliband (b 1969) enjoying what came to be known as "the notorious bacon sandwich moment", May 2014 (right). Mr Miliband didn't attend Eton and some of his high school education was undertaken in the US so presumably he knows how to handle a hot dog. If so, he has no excuse because a toastie is less challenging.
Curiously, Mr Cameron, had some three years earlier undergone "hot dog eating training", supervised by President Obama, noted for his expertise (both theoretical and practical) in the subject. So he knew how it should be done and immediately there was speculation he resorted to knife & fork to avoid any chance of something like Ed Miliband's "notorious bacon sandwich moment", something which had resulted in ridicule and a flood of memes after the photograph was published in Rupert Murdoch's (b 1931) tabloid The Sun on the eve of the 2015 general election.
Peter Dutton (b 1970; leader
of the Liberal Party of Australia 2022-2025) enjoying a Dagwood Dog (in approved bogan manner), Brisbane Exhibition (Ekka), Australia, 2022 (left) and Lena Katina (b 1984) sucking on a popsicle (band-mate Julia Volkova (b 1985) looking sceptical) in a publicity shot for t.A.T.u., Moscow, 2002 (right).
On seeing the photo, Mr Dutton observed of such things: "There is no good angle" and one can see his point but he need not be apologetic about his technique because, as Ms Katina demonstrated, his method was immaculate. Looking damnably like a neon-green hotdog, the shapes of the two snacks essentially are identical so they're eaten in a similar manner. In Australia, it’s probably good for a politician to be known to eat Dagwood dogs but not necessarily be photographed mid-munch. Interestingly, despite many opportunities, Mr Dutton has never denied being a Freemason. Promoted
as a pair of lesbian schoolgirls, t.A.T.u. (1999-2011) was a Russian pop cum
electronica act, best remembered for being denied their deserved victory in the
2003 Eurovision Song Contest because of obvious irregularities in the voting; that the
duo were neither lesbians nor schoolgirls was not the point.Music critics and political scientists all
agree Mr Putin (Vladimir Vladimirovich Putin; b 1952; president or prime
minister of Russia since 1999) was probably a (secret) fan and it may be even
comrade Stalin (1878-1953; Soviet leader 1924-1953) might have enjoyed the
tunes; he liked music he
could whistle and t.A.T.u.'s melodic qualities would have appealed.On the basis of their political views, comrade Stalin might (while whistling along) have sent them to the Lubyanka (the old KGB
headquarters on Moscow's Lubyanka Square) or the Gulag but never would he have accused
them of formalism.
Instinctively, Jacqui
Lambie (b 1971, senator for Tasmania, 2014-2017 and since 2019) can sense the populist
potential in an image and in 2019 posted an appropriately captioned one of her
enjoying a Dagwood Dog at the Autumn Festival in Tasmania’s Derwent Valley.Historically, in Tasmania, these were sold as
“Pluto Pups” but “Dagwood Dog” is now commonly used.As this illustrates, Mr Dutton's technique was correct so it's good Senator Lambie and Mr Dutton can agree on something.
The Dagwood dog was responsible
for an amusing footnote in Australian legal history, a dispute from the 1949
Sydney Royal Easter Show played out in the Supreme Court of New South Wales in
its equity jurisdiction, the press reports at the time noting one
happy outcome being an “uninterrupted supply of hot dogs during the next few
days.” Hot dogs were one of the show’s big
sellers but a dispute arose when allegations were made there had been breaches
of letters patent for "improvements in sausage goods" giving the
patentees (who sold “Pronto Pups”) "exclusive enjoyment and profit within
Australia for sixteen years from September, 1946. The plaintiffs (holders of the patent),
sought an injunction against those who had begun selling “Dagwood Dogs" at
the show, preventing them from vending or supplying any of the improvements in
sausages described in the patent, the writ claiming Dagwood dogs embodied the
patented improvements and that as a consequence of the infringement, the plaintiffs
were suffering economic loss. The trial
judge, ordered a hearing for an assessment (a taking of accounts) of damages to
be scheduled for the following April and issued a temporary order requiring the
defendants undertook to pay into a trust account the sum of ½d (half a penny)
for each for each axially penetrated sausage sold. The culinary delight has since been a fixture
at city and country shows around the country although the name Pronto Pup didn’t
survive; after the judgment in the Supreme Court it was replaced by “Pluto
Pup” which also didn’t last although whether that was a consequence of a
C&D (“cease & desist letter”) from Walt Disney’s lawyers isn’t known. Anyway, since then it’s been Dagwood dogs all
the way except in South Australia (proud of their convict-free past, they often
do things differently) where they’re knows as “Dippy Dogs” (an allusion to the
generous dip in the tomato sauce pot) which may be of Canadian origin, although
there. in at least some provinces, they’re sold as “Pogos”.
Robert Mitchum (1917–1997) paying attention to what Marilyn Monroe (1926–1962) is saying.
There are a number of “hot dog” stories about the film
star Robert Mitchum, all told in the vein of him arriving at a Hollywood fancy-dress
party covered in tomato ketchup and when asked to explain replying: “I’m a hot dawg!”.That was representative of the sanitized form
in which the tale was usually published, the original apparently involved the
ketchup being applied to something which, anatomically, more resembled the hot
dog’s sausage.
Zimbabwe's T20 cricket team, winners of the inaugural Women's T20 cricket tournament at the 13th African Games, Accra, Ghana, March 2024.
Hotdog Stand color scheme, Microsoft Windows 3.1, 1992.
The industry legend is
the “Hotdog Stand” color scheme Microsoft in 1992 shipped with Windows 3.1 was
the winner of an informal contest between the designers to see who could
concoct the worst possible combination. Whether or not the competition was alcohol-fueled depends on which version
of the story is told but all agree the winner based her entry on a vision of a hot dog, smothered
in mustard and ketchup.It’s doubtful
many deliberately chose “Hotdog Stand” as their default scheme although there were
certainly sysadmins (system administrators) who vengefully would impose it on
annoying users, the more vindictive adding insult to injury by ensuring the
user couldn’t change it back.However, Hotdog Stand did briefly find a niche because it turned out to be the scheme which
provided the best contrast on certain monochrome monitors, then still prevalent in corporations. Windows 3.1 was the first version of the environment (it ran on the PC/MS/DR-DOS operating system) to attain wide corporate acceptance, whereas Windows 3.0 (1990) had tantalized while being still too unstable. Windows 3.0
was unusual in being (apart from the short-lived 1.0) the only version of Windows released
in a single version.Although it ran in
three modes: Real (on machines with only 640K RAM), Standard
(requiring an 80286 CPU & 1 MB RAM) and Enhanced (requiring an 80386 CPU & 2 MB
RAM), it shipped as a single product, the user with a command line switch (/r, /s or /e respectively) able to "force" the mode of choice, depending on the hardware in use. Real mode didn't make it into Windows 3.1 and v3.11 ran exclusively as "Enhanced" so, in a sense, "Enhanced" had become standard.
2016 Maserati GranTurismo MC.
Microsoft's Hotdog Stand scheme didn’t survive the August 1995 transition to Windows
95 but a quarter of a century on, someone may have felt nostalgic because a buyer
of a 2016 Maserati GranTurismo MC configured their car in bright
yellow (Giallo Granturismo) over leather
trim in red (Rosso Corallo).As eye-catching in 2016 as Microsoft's Hotdog Stand had
been in 1992, the Maserati’s recommended retail price was US$163,520.Displayed first at the 2007 Geneva Motor Show,
the GranTurismo (Tipo M145) remained in production until 2019, the MC
Sport Line offered between 2012-2019; it's not known how many buyers chose this color combination. The OEM
(Original Equipment Manufacturer) wheels were all-black but on this MC were replaced with
two-tone 21 & 22 inch Forgiato S201 ECL units in black and yellow on which
were mounted Pirelli P Zero tyres (255/30-21 front & 315/25-22 rear). Finishing the wheels in red and yellow might nicely
have augmented the hot dog vibe but between the spokes Maserati's red brake calipers
can be seen.For the right buyer, this
was the perfect package.
Juan Manuel Fangio, Maserati 250F, German Grand Prix, Nürburgring, August, 1957.
It’s
drawing a long bow but the vivid combo may have be picked as a tribute to the
Maserati 250F with which Juan Manuel Fangio (1911–1995) won the 1957 German
Grand Prix at the Nürburgring, an epic drive and his most famous. Fangio was Scuderia Alfieri Maserati’s team leader
and a splash of yellow was added to the nosecone of his 250F so easily it could
be identified, the color chosen because it was one of the two allocated to his
native Argentina.The 250Fs of the other
team members also had nosecones painted in accordance with the original international
auto racing colours standardized early in the century, American Harry Schell
(1921–1960) in white and Frenchman Jean Behra (1921–1959), blue, all atop the
factory’s traditional Italian red.
Chart of the standard semaphore alphabet (top left), a pair of semaphore flags (bottom left) and Lindsay Lohan practicing her semaphore signaling (just in case the need arises and this is the letter “U”), 32nd birthday party, Mykonos, Greece, July, 2018 (right).
Semaphore flags are not always red and yellow, but the colors are close to a universal standard, especially in naval and international signalling. There was no intrinsic meaning denoted by the use of red 7 yellow, the hues chosen for their contrast and visual clarity, something important in maritime environments or other outdoor locations when light could often be less than ideal although importantly, the contrast was sustained even in bright sunshine. Because semaphore often was used for ship-to-to ship signalling, the colors had to be not only easily distinguishable at a distance but not be subject to “melting” or “blending”, a critical factor when used on moving vessels in often pitching conditions, the operator’s moving arms adding to the difficulties. In naval and maritime semaphore systems, the ICS (International Code of Signals) standardized full-solid red and yellow for the flags but variants do exist (red, white, blue & black seem popular) and these can be created for specific conditions, for a particular cultural context or even as promotional items.
L-I-N-D-S-A-Y-space-L-O-H-A-N spelled-out in ICS (International Code of Signals) semaphore. One cannot predict when this knowledge will come in handy.
Green & yellow alternatives: Saint Patrick's Day hot dog (left) and vegan hotdog (right).
Although the ketchup
and mustard combination is most associated with the hot dog, not all hot dogs
are in a theme of red & yellow, the most common alternative formations
being green & yellow. Some of these
are seasonal and created for the cultural & religious holiday celebrated as Lá Fhéile Pádraig (literally “the Day
of the Festival of Patrick” and often described as the “Feast of Saint Patrick”)
which marks the death of Saint Patrick (circa385–circa 461), the foremost patron saint of Ireland
and missionary who converted the Island from paganism to Christianity. Others are usually vegetarian or vegan hot dogs
and green components, while not essential, often are added as a form of
virtue-signaling.
The 2016
Maserati GranTurismo was certainly distinctive but strange color-combos are
sometimes seen although in recent decades, factories have restricted not only
the ranges offered but also the way they can be combined.The 1981 Chevrolet Corvette (above) definitely
didn’t leave the assembly line in yellow & green; that season, yellow (code
52) was available but there was no green on the color chart and while two-tone
paint was a US$399.00 option, the only choices were Silver/Dark Blue (code
33/38); Silver/Charcoal (code 33/39); Beige/Dark Bronze (code 50/74) &
Autumn Red/Dark Claret (code 80/98).After
taking in the effect of the yellow/green combo, the camel leather trim (code
64C/642) seems anti-climatic.
2025 John Deere 9900 Self-Propelled Forage Harvester: 956 HP.
Modern harvesters are machines of extraordinary efficiency, one able in an hour to reap more than what would once have taken a large team of workers more than a day. Mechanized harvesters were an early example of the way technology displaces labor at scale and because historically women were always a significant part of the harvesting workforce, they were at least as affected as men. The development meant one machine operator and his (and they were almost exclusively men) machine could replace even dozens of workers, something which profoundly changed rural economies, the participation of the workforce engaged in agriculture and triggered the re-distribution of the population to urban settlements. Artificial intelligence (AI) is the latest innovation in technology applied to agriculture as just a one operator + machine combo replaced dozens of workers, multiple machines now go about harvesting with an AI bot handling the control and a dozen or more of these machines can be under the supervision of a single individual sitting somewhere on the planet, not so much controlling the things and monitoring for errors and problems. Removing the on-site human involvement means it becomes possible to harvest (or otherwise work the fields) 24/7/365 without concerns about intrusions like light, the weather or toilet breaks. Of course people remain involved to do tasks such as repairs, refueling and such but AI taking over many of these roles may be only a matter of time.
Maybe the Corvette's repaint was
ordered by a fan of John Deere’s highly regarded farm equipment because JD’s agricultural
products are always finished in a two-tone yellow/green (their construction
equipment being black & yellow).For the
1981 Corvette, a single engine was offered in all 50 states, a 350 cubic inch (5.7
litre) small-block V8 designated L81 which was rated at the same 190 HP (142 kW) as the
previous season’s base L48; no high-output version was now available but the
L81 could be had with either a manual or automatic transmission (it would prove
to be the last C3 Corvette offered with a manual). Glumly though that drive-train might have been
viewed by some who remembered the tyre-smoking machines of a decade-odd earlier, it
would have pleased buyers in California because in 1980 their Corvettes received only the 305 cubic inch (5.0 litre) V8 found often in pick-up trucks, station wagons and other utilitarian devices; to them the L81 was an improvement and one which seemed to deliver more than the nominal 10 HP gain would have suggested.The L81’s 190 HP certainly wouldn’t
impress those in the market for John Deere’s 9900 Self-Propelled Forage
Harvester, powered by a 1465 cubic inch (24 litre) Liebherr V12, rated at 956
HP (713 kW), the machine available only in the corporate two-tone yellow
& green. Like Corvettes (which have tended to be quite good at their intended purpose and pretty bad at just about everything else), harvesters are specific purpose machines; one which is a model of efficiency at gathering one crop will be hopelessly inept with another and in that they differ from the human workforce which is more adaptable. However, where there is some similarity in the plants, it can be possible for the one basic machine to be multi-purpose, the role changed by swapping the attachable device which does the actual picking or gathering.
1955
Studebaker Speedster (of the 2,215 Speedsters, a solid 763 were
finished in the eye-catching combination of Hialeah Green & Sun Valley
Yellow, left) and some ingredients for chef Jennifer Segal's (b 1974) succotash in cast iron
skillet while in the throes of preparation (right).Ms Segal’s succotash may be the finest in the
world.
Lest anyone
think a green and yellow Corvette is just a uniquely 1980s lapse of taste, in
previous decades, in fashion and on the highways, things were often more
colourful than the impression left by so much of the monochrome and sepia prevalent
in the photographic record until later in the twentieth century.With roots in a family business which in the
late eighteenth century began building horse-drawn wagons, following a near-bankruptcy
during the Great Depression (the corporation saved by the financial skills of Lehman
Brothers (1850-2008), Studebaker emerged from World War II (1939-1945) in good
financial shape and was the first US auto-maker to release a genuinely new range
of post-war models, the style of which would remain influential for a
decade.Unfortunately, for a variety of
reasons, the company’s next twenty years were troubled and by the mid-1960s
were out of the car business, something which at the time surprised few, the
only curiosity being it “…took an unconscionable time a-dying”.
1955
Studebaker Speedster: The shade of the quilted leather was listed as Congo
Ivory (although collectors seem to refer “pineapple yellow”) and the diamond
motif was the theme for most of the interior fitting including the
engine-turned aluminium facia panel which housed what by far the US industry’s most
functional (if not most imaginative) gauge cluster.
There were though in those final years a few
memorable flourishes, one of which was the 1955 Speedster, produced for just
one season as a flagship.It was a
blinged-up version of the President State hardtop coupe, part of a range which
at the time was praised for its Italianesque lines and had it be able to be
sold at a more competitive price, it may have survived to remain longer in the catalogue.In 1955, all Studebaker’s passenger vehicles benefited
from a lavish (even by Detroit’s mid-1950s standards) application of chrome and
the Speedster’s front bumper is strikingly similar in shape to the “rubber
bumper” added in 1974 to the MGB (1962-1980) as a quick and dirty solution to
meet US front-impact regulations; it’s doubtful British Leyland’s stylists were
influenced by the sight of the Speedster.
1979
Rolls-Royce Silver Wraith II in Champagne & Highland Green over
color-coordinated leather.
Such was
the American fondness for the “John Deere vibe” that at least one American
buyer ordered a Rolls-Royce in the yellow-green combo (Champagne & Highland
Green on the R-R color chart).Re-using
the name from the saloon (1946-1958) which was the first post-war Rolls-Royce
(and the last of its six-cylinder cars), the Silver Wraith II (1976-1980) was a
long-wheelbase (LWB) version of the Silver Shadow (1965-1980), the company’s
first car to abandon the traditional chassis and use a unitary body.Introduced in 1976 as a companion of
the revised Silver Shadow II, the “LWB Silver Shadow” concept was not new
because the factory had since 1967 built such things, the model added to the
general production schedule in 1969.The
additional 4 inches (100 mm) in length was allocated wholly to the rear
compartment so the legroom was greater although if the optional divider was
fitted this was sacrificed to the structure and the space was the same as a
Silver Shadow.Rolls-Royce had before re-named
what was essentially an existing model, the Corniche (1971-1995) a re-branding
of the two-door (saloon (coupé) & DHC (drophead
coupé, the factory later joining the rest of the planet and naming the
convertibles)) versions of the Sliver Shadow which were between 1965-1971 built by MPW (Mulliner Park Ward) (the count: 571 Rolls-Royce saloons & 506 convertibles and 98 Bentley saloons & 41 convertibles).The Everflex (an expensive, heavy-duty vinyl)
covering on the Silver Wraith II’s roof was an aesthetic choice (the vinyl roof
inexplicably popular in the era) and not a way of disguising seams in the
metal.Unlike some coach-builders which
extended sedans to become limousines and hid the welds with vinyl, Rolls-Royce
did things to a higher standard.
If offered for sale in the US, this particular Silver Wraith II might appeal to supporters of sporting teams which use the green-yellow combo for the players' kit. That includes the Green Bay Packers, a professional American football team based in Green Bay, Wisconsin, which compete in the National Football League (NFL) as a member of the National Football Conference's (NFC) North division. Established in 1919, the Packers are the NFL's third-oldest franchise and are unusual to the point of uniqueness in being the only non-profit, community-owned major league professional sports team based in the US, holding the record for the most wins in NFL history. There is also the Oregon Ducks, the University of Oregon's college football team, which competes at National
Collegiate Athletic Association's (NCAA) Division I level in the Football
Bowl Sub-division (FBS) and is a member of the Big Ten Conference (B1G). Unfortunately, the team is no longer known as the Webfoots, the Ducks moniker adopted in the mid-1960s. The green & yellow of the Ducks has some prominence in the sportswear market because of a close association with Oregon-based manufacturer Nike.
Joey Chestnut (b 1983) (left) and Miki Sudo (b 1986)
(right) the reigning men's and women's world champions in hot dog eating.The contest is conducted annually on 4 July,
US Independence Day.
In July 2022, Mr Chestnut retained and Ms Sudo regained
their titles as world champions in hot dog eating. Mr Chestnut consumed 15 more than the
runner-up so the victory was decisive although his total of 63 was short of his
personal best (PB) of 76, set in 2021. It’s
his fifteenth title and he has now won all but one of the last sixteen. Ms Sudo won her eighth championship, swallowing
forty hot dogs (including the bun) in the requisite ten minutes, meaning she
has now prevailed in eight of the last nine contests (in 2021 she was unable to defend her title, being with child and therefore thinking it best to avoid too many hot dogs). That there are hot dog eating champions brings delight to some and despair to others.
Otto von Bismarck (1815-1989; chancellor of the German Empire 1871-1890) famously observed that people "shouldn't see how laws or sausages are made". The processes (now effectively institutionalized) which produce legislation are now more disturbing even than in the iron chancellor's gut-wrenching times but sausage production has (generally) become more hygienic.
BMW's venture into the "hotdog look", the K1.
Between
1988–1993, BMW produced almost 7,000 K1s.
It was a modest volume and lifespan but the appearance and specification
were quite a departure for the company which for sixty-odd years had built its
reputation with air-cooled flat twins, packaged in designs which while functionally efficient offered few concessions to fashion.That began to change in 1973 when the R90S
appeared with a small bikini fairing in the style then favored by the “café
racer” set but the rest of the machine remained in the sober Teutonic tradition,
finished in a conservative silver (a more exuberant “Daytona Orange” would
later be offered).The fairings grew in
size in subsequent models but never before the K1 did the factory produce anything
so enveloping as was first seen at the 1988 Cologne Show, the effect heighted
by the bold graphics and the choice of color schemes being blue & yellow or
a hotdog-like red & yellow.Inevitably,
the latter's eye-catching combo picked up the nickname Ketchup und Senf (Ketchup and Mustard) but on BMW’s color chart they were
listed as Marakeschrot (Marrakesh Red, code 222) and Ginstergelb (Broom Yellow,
code 230).The “broom” referenced is the
shrub plant (related and visually similar to gorse) with distinctive, bright
yellow flowers, not the device used for sweeping. The look attracted almost as much comment as the mechanical specification which used an
in-line four cylinder, 987 cm3 (60 cubic inch) liquid-cooled engine,
mounted in an unusual longitudinal arrangement with the crankshaft to the right,
something which delivered a low centre of gravity and contributed to the drag
coefficient (CD) of .34 (with rider prone).
The original alternative to the hotdog, in blue & yellow, restrained by comparison.
The
engineering was innovative and the K1 garnered many awards but after some
initial enthusiasm sales waned and in 1991 the color scheme was not so much
toned-down as re-toned, a more Germanic look (black metallic with silver wheels) offered which was less distinctive but also less controversial.That solved one aesthetic challenge but others
were more fundamental, the thing too big and heavy to be a “sports bike” in the
accepted sense and all that fibreglass meant it could get very hot for both components and rider, a problem the factory, with some improvised engineering,
ameliorated but never wholly solved.What couldn’t be fixed was the lack of power, BMW at the time committed
to the voluntary 100 HP (75 kW) limit for motorcycles sold in Germany and while the industry leading aerodynamics made the machine a
creditable high-speed cruiser, as a “super-bike” in the manner of the Japanese and Italian machines,
it simply wasn’t competitive; fifty years on, at least on two wheels, power dynamics within the Axis had shifted south and east.