Bejay
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- Mar 10, 2014
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Garret fully underwater
- Primary Interest:
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From my americanminglawforum files...thanks to an inquirey I made and a Case brought forth for consideration concerning a fellow miner who frequents the treasurenet forum.
"It is obvious that miners find it hard to imagine that it is possible to win against the government. I can imagine if you have never done such a thing it can probably be quite the mystery as to what the process might be.
Here is a very well documented story of just how such a challenge was made successfully. Jim Smith took on the Forest Service and won for all of us. Read this account and notice how Jim went through the process of receiving the citation, refusing the fine, and challenging in Federal Administrative "court".
Jim not only won but he won without a lawyer and with only the cost of gas and a small paperwork fee. I hope that Jim's story will enlighten and inspire you.
I never met Jim but a friend knew the Federal Magistrate that heard his case. Jim did a great job in forcing a very tough "judge" to do his job and overthrow the ticket and the program that charged the forest use fees.
The Western Slope No Fee Coalition helped Jim as they have helped many people including the 9th Circuit win in January on this very same issue. Jim's case was used there as the basis of challenge in the 9th Circuit's decision to stop the "Adventure Pass" type illegal fees. These are hardworking people that get results.
Read Here:
http://www.westernslopenofee.org/?s=adventure+pass
http://westernslopenofee.org/index2.php?display=yes&pageid=33
or try Home - Western Slope No-Fee Coalition
Another group that has won cases for years is the Mountain States Legal Foundation. Most of the winning major mining cases have for years been supported by this group. Here is a short list of their winning cases. You will recognize many of them as very important cases. If you ever get to feeling miners never win cases go back and read the ongoing advances for miners by this excellent and effective group.
http://www.mountainstateslegal.org/legal_cases_view_all_home.cfm
or try https://www.mountainstateslegal.org/
Both Western Slope No Fee Coalition and Mountain States Legal Foundation have long histories of fighting the good fight and winning. Unlike so many of the far western miners organizations they have been very effective in preserving and advancing our rights.
Look them over. I persoanlly have contatcted the mountain States Legal Foundation concerning anti mining issues/legislation in Oregon. If you are inclined to donate money to help advance the cause please consider these two groups. They actually win cases and have done a lot for more for small miners. A proven track record gets my vote every time. And now that we have both a new Secretary of Interior and a new Secretary of Agriculture it is my hope that further legal challenges protecting the rights of small miners will occur. I believe The States have usurped their authority and contacting the two above named legal resource entities does no harm. The squeaky wheel gets the grease and now we may have a good lube service."
Bejay
"It is obvious that miners find it hard to imagine that it is possible to win against the government. I can imagine if you have never done such a thing it can probably be quite the mystery as to what the process might be.
Here is a very well documented story of just how such a challenge was made successfully. Jim Smith took on the Forest Service and won for all of us. Read this account and notice how Jim went through the process of receiving the citation, refusing the fine, and challenging in Federal Administrative "court".
Jim not only won but he won without a lawyer and with only the cost of gas and a small paperwork fee. I hope that Jim's story will enlighten and inspire you.
I never met Jim but a friend knew the Federal Magistrate that heard his case. Jim did a great job in forcing a very tough "judge" to do his job and overthrow the ticket and the program that charged the forest use fees.
The Western Slope No Fee Coalition helped Jim as they have helped many people including the 9th Circuit win in January on this very same issue. Jim's case was used there as the basis of challenge in the 9th Circuit's decision to stop the "Adventure Pass" type illegal fees. These are hardworking people that get results.
Read Here:
http://www.westernslopenofee.org/?s=adventure+pass
http://westernslopenofee.org/index2.php?display=yes&pageid=33
or try Home - Western Slope No-Fee Coalition
Another group that has won cases for years is the Mountain States Legal Foundation. Most of the winning major mining cases have for years been supported by this group. Here is a short list of their winning cases. You will recognize many of them as very important cases. If you ever get to feeling miners never win cases go back and read the ongoing advances for miners by this excellent and effective group.
http://www.mountainstateslegal.org/legal_cases_view_all_home.cfm
or try https://www.mountainstateslegal.org/
Both Western Slope No Fee Coalition and Mountain States Legal Foundation have long histories of fighting the good fight and winning. Unlike so many of the far western miners organizations they have been very effective in preserving and advancing our rights.
Look them over. I persoanlly have contatcted the mountain States Legal Foundation concerning anti mining issues/legislation in Oregon. If you are inclined to donate money to help advance the cause please consider these two groups. They actually win cases and have done a lot for more for small miners. A proven track record gets my vote every time. And now that we have both a new Secretary of Interior and a new Secretary of Agriculture it is my hope that further legal challenges protecting the rights of small miners will occur. I believe The States have usurped their authority and contacting the two above named legal resource entities does no harm. The squeaky wheel gets the grease and now we may have a good lube service."
Bejay
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