Oregon sb838 Moratorium

[M.E.G.]

Has anyone bothered to even look at the legal definition of what (Hint: It is not a whom) these rules even apply to?

Hint 2: Proper Nouns were defined as (at least at the time of my yesteryears of teachings) People, Places, or Things.

 

[winners58]

it was written by lawyers and under common law mining is a noun, under statute its a verb.
If you mine with a large group you could call it a protest. also a noun...

 

[goldenIrishman]

LOL.... It's wording like that in the vast majority of our laws in this country that keep the lawyers working! If they were written in English instead of "Legaleze" we wouldn't need them. WOW!!!!! Not there's a good idea! Write them in plain English and make the lawyers get real jobs.....

 

[russau]

Well I could think of a few adjatives to describe those socalled "representatives" also! and it wouldn't be purty!

 

[Bejay]

"Motorized Mining" ! "MOTORIZED" is a very big and important word! No one is paying any attention to what this means to all other users of motorized equipment on Oregon Waterways. All courts have ruled that a single specific user group can not be denied a specific use; but all others are still allowed that same use! Forget the whole concept of arguing about mining. "Motorized" is the straw that breaks the camels back. Noun? Verb? ......any way you cut it...that one word is the crux of SB838 (Oregon's ban law!)

So all campgrounds along the designated waterways would not allow motorized anything! Farm irrigation pumps etc would be banned. Generators, cars, motorized boats.. etc,... etc.... etc would have to be banned from specified waterways!

 

[goldenIrishman]

WOW!!! Bejay IS still alive! Long time no type man! Welcome back

 

[delnorter]

Ya, good to hear from you Bejay.

Mike

 

[M.E.G.]

Look up legal definition of PERSON. The rules and regulations apply to PERSON, or PERSONS. Hint 3: PERSONS is not plural for People.

 

[Clay Diggins]

WTH?? "Person"?

Really ...that's the "hint"?

How bout you pony up with a legal definition that excludes people from the definition.

Person Definition:
An entity recognized by the law as separate and independent, with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law.

Of course there are humans who do not fit the legal definition of "Person"

Individuals are "persons" in law unless they are minors or under some kind of other incapacity such as a court finding of mental incapacity.

Are you suggesting miners declare they are underage or crazy? Wouldn't that automatically exclude them from rights under the mining laws?

Let's take this "Person" theory of yours a little further and look at what the definition of "person" (and "Persons) was when the mining acts were passed. The authority then would be Bouviers 1856 Dictionary of Law.

PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly-synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, etc. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.

2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Wooddes. Lect. 116; Bac. Us. 57; 1 Mod. 164.

3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.

How's that for a "hint"?

Read what Bejay had to say. You might notice that James Buchal is pursuing the same thread. Outlawing motorized mining is the no go here.

Heavy Pans

 

[Goldwasher]

Come on M.E.G. you guys need to do better than this

 

[M.E.G.]

Are you one of these listed?

ORS chapter 174 - Oregon Legislative Assembly
https://www.oregonlegislature.gov/bills_laws/ors/ors174.html

174.100 Definitions.

(6) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.

 

[Goldwasher]

I think the word " individuals " is pretty clear. if you don't fit one of the terms you fit another.

Are you really expecting to hang your hat on a a perceived technicality?

Could you please try to actually help and spit out something of substance!!!!!!

 

[M.E.G.]

I think the word " individuals " is pretty clear. if you don't fit one of the terms you fit another.

Are you rwally expecting to hang your hat on a a perceived technicality?

Could you please try to actually help and spit out something of substance!!!!!!

Are you even going to try?

What is INDIVIDUAL? definition of INDIVIDUAL (Black's Law Dictionary)

http://www.freedom-school.com/what_manner_of_person_r_u.pdf

 

[KevinInColorado]

MEG why be such a pain?
Here's the info in his link:

So, yes, we are individuals. Duh.

 

[Clay Diggins]

I think the word " individuals " is pretty clear. if you don't fit one of the terms you fit another.

Are you rwally expecting to hang your hat on a a perceived technicality?

Could you please try to actually help and spit out something of substance!!!!!!

I'm glad to see you got your "W" problem straightened out Goldwasher but you might be Welebrating a little too much.

Heavy Pans

 

[Goldwasher]

I'm glad to see you got your "W" problem straightened out Goldwasher but you might be Welebrating a little too much.

Heavy Pans

that vvas my phone and a vvandering thumb....'Hippie time"

 

[Goldwasher]

Are you even going to try?

What is INDIVIDUAL? definition of INDIVIDUAL (Black's Law Dictionary)

http://www.freedom-school.com/what_manner_of_person_r_u.pdf

Come on man. Is it possible for you to actually share something that actually says something?

No one is interested in riddles as far as maintaining rights. We already have to deal with beauracracy. I don't really think anyone is here
for word games.

What is the point of illustrating that YOU "understand" something that WE don't.
Could you please actually say something helpful?!

 

[Goldwasher]

That has got to be the most pointless least helpful set of words I have ever seen put together for one reading ever in my life.

Basically what M.E.G. is saying with out saying anything is that no words matter because of the way one word is used.

State of Jefferson.

Jefferson Mining district.

so much wasted time and money.

I realize that a certain side of this does not play by the rules. I don't understand how wordplay is actually going to change the situation.

Its basically showing them that you can't or won't even get on the field. A shameful fact considering how much case law and reality is actually in our favor.