The attack to shut down Oregon suction dredging has begun

[Hefty1]

LC2125_DRAFT_2013_Regular_Session.pdf (62KB)

 

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[Fullpan]

Photo gallery of Salem rally yesterday: http://www.statesmanjournal.com/art...nds-state-scenic-waterway-protections-Capitol

 

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[KarenD]

Thanks, Fullpan! There was more than just one bill being protested.

Beside the protest, a bunch of us received a five minute training from the Oregon Citizens' Lobby on how to approach lawmakers with our thoughts, and then went to the Senate offices and talked to staffers about what mining and river usage means to us.
Apparently, the committee was told that "California had to do this because it was such a mess" so they should do it, too, when word from expert witnesses say that the studies used by CA were bogus, and that the real studies indicated positive effects from mining practices.

 

[gold nuggets]

Well said Karen.....the hard-core environmentalists have been spin-doctoring and twisting expert testimony from biologists and the like for years now and we, as miners and stewards of Our Land, are making a big issue of this to the courts in the form of court cases FOR our Right to MINE. Think this action is starting to get the environuts backed into a corner. The Biological Science Reports and non biased Truth that is being presented by pro-mining advocates doesn't help personal enviro-agendas and the truth that mining doesn't harm fish or the environment is hurting them deeply. We will keep on keepin' on..........

 

[gold nuggets]

Well, the Oregon Legislature is at it again. They couldn't drum up enough support to get SB 115 passed, so they introduced SB 838 which is the same bill with a little twist added. They want a moratorium on suction dredging for gold and silver mining in the State of Oregon now. This bill is on the "fast track" and if passed would become law immediately, so it is imperative that it be stopped before it reaches the committee. This moratorium would put Oregon in the same economic position as California is now with economic failures, law suits and etc. Lawmakers need to start looking past their checkbooks and see what their laws are doing to this once great country.....they are killing our industries, one at a time all across this nation. When does it stop? JMO http://www.leg.state.or.us/13reg/measpdf/sb0800.dir/sb0838.intro.pdf

 

[KarenD]

I'll tell you when it stops. It stops when we have enough Republican voters to shut out the agenda-driven Democrats in legislature. We need 200k more

Dems are writing legislation that has the capability to ensure continued wins for from here on out, an if passed, we can all kiss our freedom goodbye. Licenses for illegals, and registering 16 year olds in high schools would lock it in for them.

How fair does our bill passing in the Oregon House look to you? Through Friday, March 29, 2013

Bills Passing House = 163
Only Democrat Chief Sponsor(s) = 51
At Request of Governor = 42 (Many = Agencies)
By Interim Committees = 37 By BOLI Commissioner Avakian = 2 Democrat & Republican Chief Sponsors = 15
By Committee = 8
Only Republican Chief Sponsor(s) = 8

 

[Fullpan]

Thanks for the update - its Deja Vu all over again!! Same tactics as was used in Calif.

 

[KarenD]

They want a moratorium on suction dredging for gold and silver mining in the State of Oregon now. This bill is on the "fast track" and if passed would become law immediately, so it is imperative that it be stopped before it reaches the committee.

ALL of the Dem sponsored bills have "emergency status" on them. Ordinarily, laws go into effect 91 days after the last day of the legislative session, which would give us enough time to get enough signatures for referendum to the people for vote.
With an emergency status, we are blocked from being able to vote on it. THEY DON'T WANT US VOTING ON ANYTHING BECAUSE THEY KNOW THAT WHAT THEY ARE DOING WOULD BE VOTED DOWN. WE MUST GET RID OF THEM!!!

 

[dieselram94]

We need to get money behind us like is behind the dems George Soros is a huge contributor as well is Bill Gates and Warren Buffet. Who is the big money on the republicans side? It sure isn't the same numbers as the dems. Hard to win when they are essentially buying votes...

 

[KarenD]

Soros funded the SOS Project which trained Secretaries of State how to stack the deck in Dem favor. He, of course, has funded other things that support the progressive communist behavior of Democrats in government. Just think of how the tentacles of Soros money get filtered down to individuals. Even last year, my daughter's youth groups unwittingly "partnered" with an community organization that I traced, down the rabbit hole ten levels, to the Apollo Project, Green for All, etc., known communist organizations funded by Soros. I was livid. Anyway, Soros money is in community servicing.
Conservative politics has the Koch Brothers, but they only contribute, as far as I know, to non-partisan groups that focus on policy, namely AFP, which attempts to influence legislators' votes by exposing bad bills and applying pressure, improving citizen awareness, and reaching out to voters in the election ground games. They do not get involved in the community resource organizations that meet people where they live.
At the meeting I attended this morning, ORP Chair, Suzanne Gallagher, addressed the problem of the Republican Legislators' Caucus doing their own fund raising, and because of that, do not vote in accordance with Oregon Republican principles. I think we're making plans to cure this ill.

So, to your question, I believe it will take the sacrifice of the grassroots, donating money, every month just like union dues. If 20% of the registered Republicans in my county, in every county, donated just $10 per month, we would have enough to win elections. My county, Marion, even with the state capitol, votes for republican candidates, but the unions kill us on issues of great financial impact, usually using "it's for the kids" BS. So that's what we need, our voters supporting the party til it hurts, with their treasure.

 

[Hefty1]

https://olis.leg.state.or.us/liz/2013R1/Downloads/CommitteeMeetingDocument/17481
https://olis.leg.state.or.us/liz/2013R1/Downloads/CommitteeMeetingDocument/17578


http://www.jeffersonminingdistrict.com/

 

[jog]

It's time to turn it up a bit....

Membership:
Sen. Richard Devlin, Co-Chair Phone: 503-986-1719 Sen.RichardDevlin@state.or.us Party: D District: 19
Rep. Peter Buckley, Co-Chair Phone: 503-986-1405 Rep.PeterBuckley@state.or.us Party: D District: 5
Sen. Betsy Johnson, Co-Vice Chair Phone: 503-986-1716 Sen.BetsyJohnson@state.or.us Party: D District: 16
Rep. Nancy Nathanson, Co-Vice Chair Phone: 503-986-1413 Rep.NancyNathanson@state.or.us Party: D District: 13
Rep. Dennis Richardson, Co-Vice Chair Phone: 503-986-1404 Rep.DennisRichardson@state.or.us Party: R District: 4
Sen. Alan Bates Phone: 503-986-1703 Sen.AlanBates@state.or.us Party: D District: 3
Sen. Chris Edwards Phone: 503-986-1707 Sen.ChrisEdwards@state.or.us Party: D District: 7
Sen. Fred Girod Phone: 503-986-1709 Sen.FredGirod@state.or.us Party: R District: 9
Sen. Bill Hansell Phone: 503-986-1729 Sen.BillHansell@state.or.us Party: R District: 29
Sen. Rod Monroe Phone: 503-986-1724 Sen.RodMonroe@state.or.us Party: D District: 24
Sen. Elizabeth Steiner Hayward Phone: 503-986-1717Sen.ElizabethSteinerHayward@state.or.us Party:D District: 17
Sen. Chuck Thomsen Phone: 503-986-1726 Sen.ChuckThomsen@state.or.us Party: R District: 26
Sen. Doug Whitsett Phone: 503-986-1728 Sen.DougWhitsett@state.or.us Party: R District: 28
Sen. Jackie Winters Phone: 503-986-1710 Sen.JackieWinters@state.or.us Party: R District: 10
Rep. Jeff Barker Phone: 503-986-1428 Rep.JeffBarker@state.or.us Party: D District: 28
Rep. Lew Frederick Phone: 503-986-1443 Rep.LewFrederick@state.or.us Party: D District: 43
Rep. Tim Freeman Phone: 503-986-1402 Rep.TimFreeman@state.or.us
Rep. Bruce Hanna Phone: 503-986-1407 Rep.BruceHanna@state.or.us Party: R District: 7
Rep. John Huffman Phone: 503-986-1459 Rep.JohnHuffman@state.or.us Party: R District: 59
Rep. Bob Jenson Phone: 503-986-1458 Rep.BobJenson@state.or.us Party: R District: 58
Rep. Betty Komp Phone: 503-986-1422 Rep.BettyKomp@state.or.us Party: D District: 22
Rep. Mike McLane Phone: 503-986-1455 Rep.MikeMcLane@state.or.us Party: R District: 55
Rep. Tobias Read Phone: 503-986-1427 Rep.TobiasRead@state.or.us Party: D District: 27
Rep. Greg Smith Phone: 503-986-1457 Rep.TobiasRead@state.or.us Party: D District: 27
Rep. Carolyn Tomei Phone: 503-986-1441 Rep.CarolynTomei@state.or.us Party: D District: 41
Rep. Jennifer Williamson Phone: 503-986-1436 Rep.JenniferWilliamson@state.or.us Party: D District: 36
Staffing:
Ken Rocco 503-986-1828
Gina Rumbaugh
ALL MINERS ALERT: SERIOUS BAD NEWS. This is a CRITICAL moment for SB838. If this bill gets pass this committee since the Governor is pushing this bill, most likely the Democrats will vote party line on both floor votes. This is the bill that will stop motorized mining in Oregon for FIVE YEARS. We need to kill this bill in the Full Ways & Means Committee. California moratorium keeps being extended so you know what that means for Oregon. We will need to come up with a bill to override Oregon's Democratic control of the House and Senate (impossible) or we will need to raise thousands of dollars to litigate in court like California is doing.
If you want to save your mining rights now is the time to send emails, phone, fax or write letters immediately to all members on the WAYS & MEANS Committee.

If you want to make the most impact being a constituent, click on find your legislator link. Each phone call, each fax, each letter, each letter will count as one vote against SB838, but try to change your opposing message for one you send. If you don't know what to say or write, just say "I am opposed to the 5 year ban on motorized mining in Oregon Waters."

Jennifer Williamson Phone: 503-986-1436 Rep.JenniferWilliamson@state.or.us Party: D District: 36
Staffing:
Ken Rocco 503-986-1828
Gina Rumbaugh
Joint Committee On Ways and Means
· Overview
· Assigned Measures
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[TD="width: 73, bgcolor: transparent"]Co-Chair
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[TD="width: 73, bgcolor: transparent"]Senator Richard Devlin
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[TD="width: 73, bgcolor: transparent"]Senator Betsy Johnson
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[TD="width: 73, bgcolor: transparent"]Co-Vice Chair
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[TD="width: 73, bgcolor: transparent"]Co-Vice Chair
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[TD="width: 73, bgcolor: transparent"]Representative Nancy Nathanson
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[TD="width: 73, bgcolor: transparent"]Senator Alan Bates
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[TD="width: 73, bgcolor: transparent"]Senator Rod Monroe
[/TD]
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[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Elizabeth Steiner Hayward
[/TD]
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[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Chuck Thomsen
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Doug Whitsett
[/TD]
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[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Jackie Winters
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Jeff Barker
[/TD]
[/TR]
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[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Chris Edwards
[/TD]
[/TR]
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[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Fred Girod
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Senator Bill Hansell
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Lew Frederick
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Tim Freeman
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Bruce Hanna
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative John Huffman
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Bob Jenson
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Betty Komp
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Mike McLane
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Tobias Read
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Greg Smith
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Carolyn Tomei
[/TD]
[/TR]
[TR]
[TD="width: 73, bgcolor: transparent"]Member
[/TD]
[TD="width: 73, bgcolor: transparent"]Representative Jennifer Williamson
[/TD]
[/TR]
[/TABLE]

[h=5]Staff [/h][TABLE="class: MsoNormalTable, width: 100%"]
[TR]
[TD="width: 167, bgcolor: transparent"]Legislative Fiscal Officer
[/TD]
[TD="width: 73, bgcolor: transparent"]Ken Rocco
[/TD]
[TD="width: 73, bgcolor: transparent"][/TD]
[/TR]
[TR]
[TD="width: 167, bgcolor: transparent"]Committee Manager
[/TD]
[TD="width: 73, bgcolor: transparent"]Gina Rumbaugh
[/TD]
[TD="bgcolor: transparent"][/TD]
[/TR]
[/TABLE]

 

[vini]

East Bay Prospectors
Latest update on Oregon bills:

Yesterday, Galice Recorder, Ida Reman finished the filing process for the injunction, which orders the United States Marshal Service to physically serve a summons to Alan Bates, Jackie Dingfelder, Peter Coutrney, John Kitzhaber and the State of Oregon. The marshals should be paying the respondents a little visit sometime this week. The respondents have 21 days to respond to the complaint or face enjoinment by default, while we have another 21 days after to counter any responses. Considering the delivery of mail, 401, 838, 115, etc. should be frozen for the next 60 or so days, during which time the state and its agents cannot act unless they want to risk being found in contempt of court

The bottom line: the dredge season in Oregon will proceed as usual until at least mid to late July, assuming the worst case scenario.

 

[Hefty1]

Jefferson Mining DistrictMay, 3, 2013

Notice and Demand to Cease and Desist.For the Public Record, as Preparatory to and Requisite of Remedies, and for other purposes.​

To all members of the Oregon State Legislature:
Senator President Peter Courtney, on behalf of the members of the Oregon Senate, 900 Court St. NE, Salem, Oregon 97301.
Delivered Certified Mail # 7011 1570 0000 5796 5112, return receipt requested.

Speaker of the House Tina Kotek, on behalf of the members of the Oregon House of Representatives, 900 Court St. NE, Salem, Oregon 97301. 503-986-1200.
Delivered Certified Mail # 7011 1570 0000 5796 5129, return receipt requested.
The Oregon Republic Party, on behalf of its members, 25375 SW Parkway Ave, Suite 200, Wilsonville, OR 97070. Oregon Republican Party | The Official Oregon Republican Party Website
Delivered Certified Mail # 7011 1570 0000 5796 5136, return receipt requested.
To The Democratic Party of Oregon, on behalf of its members, 232 NE 9th Ave., Portland, OR 97232-2915. Democratic Party of Oregon
Delivered Certified Mail # 7011 1570 0000 5796 5143, return receipt requested.
To The State of Oregon Office of the Legislative Counsel, on behalf of its members, 900 Court St. NE, S-101, Salem, Oregon 97301 - Phone: 503-986-1243.
Delivered Certified Mail # 7011 1570 0000 5796 5150, return receipt requested.
To The Oregon Bar Association, on behalf of its members, P.O. Box 231935 Tigard, OR, 16037 SW Upper Boones Ferry Rd, Tigard, OR. Oregon State Bar
Delivered Certified Mail # 7011 1570 0000 5796 5167, return receipt requested.


Greetings:
Jefferson Mining District is a mining district having governmental power and authority and special expertise privy to the unique subject matter of the mineral estate and related matters, such as minerals, water, land, and ingress and egress acknowledged by Congress, 30 U.S.C. § 22 and U.S.C. § 28, through prevailing federal legislative enactment, 30 U.S.C. § 22 to 54.
Jefferson Mining District is the largest mining district in America, the jurisdiction of which currently serving appropriators of the mineral estate and other Land and water disposal grantees directly covering 4 states including, entirely, the state of Oregon. Jefferson Mining District authority, jurisdiction, and cognizance extends to any issue adversely affecting miners or mining law related grantees, including but not limited to timber or agriculture, and to any interference in these such as is being attempted in any of the current legislation, even in its proposal, adversely affecting the mineral estate or granted water rights, ingress and egress or the peaceful possession of the same. Being the Mining Law, potentially, affects every citizen, Jefferson Mining District serves and responds on behalf of untold millions of Americans now and into the future.
This Notice and Demand to CEASE AND DESIST limits in no way the extent to the scope of the subject matter covered or by the causes and harms which are more fully discussed and of public record. This Notice and Demand does not limit any summary and plenary remedies available to any one but serves as the beginning of the lawful process necessary by the acts and omission to act of the various principles or those accessory, in an effort to arrest the irreparable and immeasurable harm to people in their property committed by the State of Oregon and other third party interest.
Based on the following and more completely the entire public record created in Comment Testimony and evidence, incorporated herein by this reference, available through the State of Oregon Legislative website, the Assembly of Jefferson Mining District demands the State and others directly or in accomplice CEASE AND DESIST any and all action towards bringing the Bills, not limited to HB 2248, HB 2259, HB 2269, HB 3251, HB 3303, HB 3337, HB 5014, HJR 32, or SB 12, SB 115, SB 370, SB 401, SB 425, SB 838, SB 839, SJM6, and if it is still under consideration SB 217, and any others that may have slipped though undetected, or those just recently found after committee hearing such as SB 425, HB 3337, or HB 5014 appropriations for the DOGAMI, bills adversely affecting the public and people in their Property, rights, and remedies with regard to such subject matter as Minerals, water, private property, or ingress and egress, into enactment. These sorts of Bills may be identified, though not singularly so, by the earmarks referenced in the Comment of JMD for SB 839 or those others which will interfere for the extensive list of reasons summarized throughout the Comment Testimony notices of Jefferson Mining District. These Comments have proven the State has no lawful power to interfere with congressional granted minerals, or water, or ingress and egress and may not regulate or tax the same. These Comment Testimony Notices have further proven or explained that an amenity such as Fish, that “investment in natural resources”, including fish habitat, or the funding for such, or any number of other amenity does not rise to a police power exigence sufficient to destroy granted property rights or provide authority or jurisdiction to the State to regulate, put into reservation, to tax, to interpose services, or impose on the taxpayers generally though creative accounting principles of private entities offering economic “best practices” which essentially are double booking scheme and artifice to defraud the public or the people of Oregon. The Comment Testimony have shown the State and those aiding and abetting its member legislators, is fabricating authorities to lawlessly insinuate the existence of authority or jurisdiction to regulate, tax, or impose fees but not the substance of the same. The Attorney General of the State of Oregon, a Bar member, has seen fit to commit fraud in covering up the lack of authority, jurisdiction, or lawful power as evidenced in the Comment-driven special proceedings meetings with the agencies ordered by the committee members regarding HB 2251 and HB 2248. On the Senate side, for instance, a complicit legislative committee chaired by Senator Dingfelder chose in willful and wanton even callous disregard of the State's lawful duties, obligations, and law to ignore the same to press an agenda in favor of third party special interests inimical to people and harming their property which having been done under Color of Authority is a felony crime in Oregon and federal law. But the abandonment of lawful purpose and reason didn't stop there. The agenda-driven members of the committee completely ignored Testimony as to the existing science showing the proposed legislation and the costs of its funding were not needed, replacing their opinion of hypothetical and imagined harms for that of competent science and real world experience.
The government principles being also members of organizations the affiliation of which without censure ratifies the harm done by its members aiding and abetting their illicit activity, whether or not felonious, this notice is to bring you into the knowledge that your members to your liability need to be arrested or your culpability attaches for contributing to the organized syndicate working in concert to put into affect the various violative acts against the people of Oregon and the public in general through the legislation whether or not fully identified due to the Bum's Rush nature of the mass of legislation this Session, apparently part of a premeditated strategy to overwhelm any one who would be adversely affected. Jefferson Mining District reminds you that any scheme or artifice used to adversely harm any one in their property, in particular under the color of authority, is felony under federal and state laws. Being no legislator, whether of Republican Party, Democratic Party, or Bar Association membership, or those assisting the Legislature acting as the Office of state imputes to the holder, by oath, or by usurpation under color without, may, reference ORS 164.075, [1],"(b) Cause damage to property" [2] adversely affecting private property rights and under color of authority, (h) "related to official duties, or by failing or refusing to perform an official duty", such as the self-executing duty to safeguard "against the encroachment or aggrandizement of one branch at the expense of the other” Buckley v. Valeo, 424 U.S. 1, 122 (1976), or, be found, [3], (i) inflicting "any other harm that would not benefit the actor", we advise that you bring your performance or refusal to perform into respect of the law and the property you are inflicting harm. Additionally we do not think it unsupported to reasonably believe the failure of each Branch to check the other to maintain a republican form representative government raises these offenses to a constitutional crisis; a republican form government Congress is duty-bound to guarantee.
Culpability will be either as a principal in direct action contributing to the harm, or as an accessory aiding and abetting the various ongoing violations of law, whether constitutional, such as to the Supremacy Clause, civil, or criminal, by the subject matter causes such as grants, contracts, or law and of the relative duties, obligations, and responsibilities, or elsewise not protecting producer class activities or property.
Despite these violations, the lack of fair hearing or the blatant disregard of due process notwithstanding, these bills sailed through committee for fast track treatment and approval with no check or balance evident and no apparent will do to so; The reason causing the necessity for this Notice and Demand to CEASE AND DESIST to immediately begin the process of remedy, whether for constitutional, such as the Supremacy Clause, civil, criminal, or other harm, not limited to, resort to the federal courts for right violations under color of authority and criminal arrest under the “Private Attorney General” provision therein or by 18 USC Chapter 96, and Title 42 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS, R.I.C.O., or others such as for the cause of unlawful takings.
Additionally, late breaking to our awareness is HB 5014, an appropriations bill for the DOGAMI. Being the Attorney General could not show any authority or jurisdiction in the Department to do what it has been doing in regards to valuable locatable mineral deposits, water, or control of land without State of Oregon possession, neither by its promoting of the Green Religion of Sustainable Development, as explained the SB 839 Testimony notice of Jefferson Mining District, or of public record, as can be seen from the Department websites, any funds appropriated to or created to be used by any department would be a misappropriation of public funds and a violation of the Oregon constitution, such as Article I, “Section 5. No money to be appropriated for religion. No money shall be drawn from the Treasury for the benefit of any religeous [sic], or theological institution, nor shall any money be appropriated for the payment of any religeous [sic] services in either house of the Legislative Assembly.—”. That until such time as those offending parts are cleaved from the department no funds shall be appropriated to DOGAMI. This would extend to any provisions the effort of any department or agency of state government sign and promote the praises the Sustainable Development, by any term it may be identified.
Furthermore, DOGAMI fraudulently promoted no opposition, rightfully questioned by Representative Whitsett in Committee, to HB 2259, when nothing could be further from the truth. A substantial part of the mining industry, and independent miners we know of each having an independent consent to be given, do oppose and do not consent the any of the legislation affecting in any way their congressional granted property, rights, or remedies. The prejudicially chaired committee ignored the opposition and the law passing the measure as if no prevailing opposition or prohibitory or preemptive condition in law existed, the fraud and criminal commission of the Attorney General notwithstanding.
This Notice and Demand to CEASE AND DESIST is to provide you notice and one last opportunity to stop and reverse the harm you as a principle violator, or as imputed to you by your members, or you as an accessory entity or private party, are causing, whether or not under color of authority, or where dealing in the mineral estate and adversely affecting a property holder of the same. In other words, under the rigors of the Mining Law grants, where adversely affecting the possessor of the mineral estate the violator is treated as a mere proprietor, private liability attaches notwithstanding any costume of authority, or otherwise. This private liability provides the firm foundation for future remedy by individual members of the Assembly or property owners at large adversely affected by your direct or indirect actions or no action where this too causes divestment, infringement, or interference of any kind in the property, title or things appurtenant. More succinctly, what you are doing or allowing to be done makes you privately liable.
You are hereby put on further notice and reminded that you represent or aid the representation of the constituents in your district or statewide, as well as the people of Oregon as a whole or by extension through the federal Mining Law individually, and those foreign to the state of Oregon though owning private property in the state, and to protect the same, and not any current agenda of perceived consensus legislation originating from special interest and non-representative “stakeholders” or “public/private partnerships”, not limited to those, involved in the Oregon Consensus programs centered in the Portland based School of law, Hatfield school of law, or of these bills promoted by the Governor, or the Attorney General, or the Treasurer, and any and all related concerns and agenda based programs or projects, such as those embracing Sustainable Development. Contrary to the Constitution of the United States and the Constitution of the State of Oregon which require at least protection and security in and the peaceful possession of property, these Bills harm land owners and producers and their right to protect the same upon hypothetical and unproven even baseless causes. These Bills attempt to evade constitutional takings provisions as well, and being inimical to good order, fiscal responsibility, the expense of raiding the public trust and treasury through fund deception, as evidenced in SB 839 or HB 5014, and public peace. Oregon law provides no immunity to any one acting under Color of Authority to use that authority to commit crimes. Federal law provides other and similar notice. The nature of the mineral estate and the state trustee obligations to, attaching, in part, pursuant to the Oregon Admission Acts, or the private appropriation therefrom, strips any entity or person of all immunity where adversely affecting that title, 30 U.S.C. § 53. It is and will be a direct fiduciary breach and violation of your oath of office, where one is applicable, and, whether or not one is applicable, a criminal act personally, under Oregon law, ORS 164.075, to proceed with or allow the passage of legislation adversely affecting the property owners and producers whom are purposely left out of the “stakeholder” classification included on through artifice and deceptive method as was evidenced by the HB 217 testimony of the farmers stating they were not actually involved nor actually gave consent to the consensus claimed by the “Stakeholder” third party beneficiaries without right or title to the property infringed. This capacity to infringe also extends also to the Oregon Water Resources Department, the State of Oregon Attorney General committing no lesser frauds and felony in the Proceedings of HB 2259 and the misappropriation of any funds to that department not shown to have any lawful authority over what the Attorney General or the Department in false reliance promotes or claims. These failures of lawful authority and jurisdiction appear to extend across the breadth of the State of Oregon and to every Department not showing title to the property infringed. By the various Duty, fiduciary obligations, and responsibilities owed whether of office or member, you are authorized to use any and all means at your disposal to stop these proposed/pending or enacted legislative actions from proceeding. The various proposed legislation or any having already passed without notice or full disclosure, are truly immeasurable as to the scope of their harm. Being many of those adversely affected by these Bills, and apparently without any due process input otherwise than the color of authority property plunder, Jefferson Mining District is further giving notice that any failure to stop them will result in serious, costly, legal and political ramifications.
Moreover, and because the voice for such is beginning to be heard from them, given the guidance expressed in Kansas v. Colorado, 1907, though advocating a peaceful resolution, Jefferson Mining District can not determine for any particular grantee or condemn miners or other property owners resorting to self-defense and property protecting force, as is their inherent and grant acknowledging right, where faced with the State's dishonor of its responsibilities, obligations, and duties, or disregard of long-since settled law on the subject matter. We should not have to remind any body what miners have historically done when left without a remedy where their property and livelihood are threatened. This never resolves to a win-win situation.

Trying to render the whole of the mining law into a cogent response to a facial and unlawful takings in the form of the proposed bills, hobbled by the inadequate time provided to respond, a deprivation of substantial due process on matters of vested property and government trust relationships and obligations, being prejudiced further by the various legislative time constraints and political maneuverings imposed obstructing sufficient notice and opportunity to adequately respond on the important and myriad subject matters involved, We present this compilation of precedent law and application due diligence which prior committees or Legislative Council were duty-bound to perform prior to advancing ill-advised legislations which we require be extinguished for being inconsistent with existing federal and state laws and to avoid future litigation for committing unlawful takings.​

By this Notice and Demand to Cease and Desist you are of knowledge of the wrongs and wrongs continuing which you have a responsibility to arrest, whether as a part or organ of the State, or as organizations the affiliation of which without censure of the wrong acting members ratifies the harm done in aiding and abetting their illicit activity, whether or not felonious and imputing liability.
Jefferson Mining District, on behalf of the Assembly, and any other recipients of the damage of your wrongs, demands you CEASE AND DESIST immediately advancing the bills or cease and desist aiding and abetting the enactment of the same or where enacted avoidance or face sure accountability.


Ron Gibson.
Interim Chairman, Jefferson Mining District.
dritecrg@hotmail.com 541 621-5548.

 

[3029heavy]

I'm no attorney, but I read that with much interest. My question is, does this demand to cease and desist constitute a court order to do same? Or is it merely a request and threat to and of the felonious legislature?

 

[Fullpan]

Hefty1 knows this stuff, but as I understand it all recipients have 21? days to respond or face contempt charges. Hefty where are you?

 

[Hefty1]

I'm no attorney, but I read that with much interest. My question is, does this demand to cease and desist constitute a court order to do same? Or is it merely a request and threat to and of the felonious legislature?

Its the start of more good things to come if they ( Oregon )continue in their ways.

 

[Hefty1]

Please spread the word:

It's now official:

Oregon State Senator Alan Bates (D-Ashland) is facing a recall as a result of his attempts to attack mining and property rights in defiance of local, state and federal laws.

The recall is being spearheaded by Rick Barclay of Ruch, Oregon, a long time timber worker and local miner, who charges that Bates has violated his oath of office and has broken state and federal laws for political purposes.

 

[3029heavy]

Nice! Hope that s.o.b. goes down!

 

[gold nuggets]

Nice! Hope that s.o.b. goes down!

Oh, he will.....him and several others.......

 

[Hefty1]

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[FONT=Verdana, sans-serif]FOR IMMEDIATE RELEASE​

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[FONT=Verdana, sans-serif]Senator Alan Bates to Face Recall​

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[FONT=Verdana, sans-serif]According to the complaint, Bates violated his oath of office.​

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[FONT=Verdana, sans-serif]May 29th, 2013​

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[FONT=Verdana, sans-serif]Ruch, OR – On the heels of the Galice Mining District suing him in federal court, Senator Alan Bates (D-Ashland) is again under fire.​

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[FONT=Verdana, sans-serif]Rick Barclay, a long time timber worker and gold miner from Ruch, Oregon has received the go ahead from the Secretary of the State of Oregon to launch proceedings to recall Bates from his public office.​

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“[FONT=Verdana, sans-serif]Bates is treading on the law of the land,” Barclay remarked. “We live in a Constitutional Republic where the rule of law is to reign. Myself and others want to see this restored and Alan Bates seems to have very little regard for the law, property rights, local prosperity and the constitutions of this state and nation. It's my opinion that he is out of touch with the common man and is totally unfit to lead.”​

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[FONT=Verdana, sans-serif]Barclay alleges that recent legislation introduced by Bates attacks property and other rights that are supposed to be protected by local, state and federal laws.​

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[FONT=Verdana, sans-serif]The complaint states that Bates is guilty of breach of his oath of office; sponsoring job killing legislation; attacking property rights; creating a civil liability for the State of Oregon, its employees and its people; creating legislation that violates the Oregon Admission Act, the Supremacy Clause, the Property Clause and the Contract Clause of the United States Constitution, as well as the Oregon State Constitution and the 5[SUP]th[/SUP] and 8[SUP]th[/SUP] Amendments. The complaint also states that Bates is attempting to criminalize federally protected rights, thereby creating possible civil and criminal liabilities for state employees.​

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[FONT=Verdana, sans-serif]Barclay says that he believes that his recall effort has a high likelihood of resulting in Bates losing his office in Senate District 3 and his efforts have already attracted the support of Galice Mining District, Citizens for Transparent Government and many others within the local mining, timber and farming industries, as well as others who have their own beef with Senator Bates over medical insurance and anti-gun legislation.​

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[FONT=Verdana, sans-serif]Petitions to recall Alan Bates may be signed only by registered voters in Oregon Senate District 3, which includes Ashland, Phoenix, Talent, Medford, Jacksonville and other portions of Southern Jackson County. Petitions are available direct from Barclay and may also be signed at Black Cat Mining in Medford and at Armadillo Mining Shop in Grants Pass.​

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[FONT=Verdana, sans-serif]For more info, contact Rick Barclay at 541-899-7155​

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