admin.pdf · these minutes were board approved on 633i county administration meeting thursday june...
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THESE MINUTES WEREBOARD APPROVED ON
633iCounty Administration Meeting Thursday June 23 2011 900am Anne Baker Auditorium
Attending Commissioners SandiCassanelli Simon Hare and Dwight F Ellis Rosemary Padgett CFO Janine Wilson JuvenileJustice Linda McElrnurry Recorder media and other interested persons
Unless otherwise noted all action items were carried forward to June 29 2011 Weekly Business SessionChair Cassanelli called the meeting to order at 901 am
Citizen Comment
David Everist Miner at Law read excerpts from Exhibit A
1 DEPARTMENT REPORTS BUSINESS UPDATES
a Juvenile Justice
aa IGA 12017 between Oregon Youth Authority and Josephine County for Juvenile Crime Prevention BasicServices and Diversion Services
Janine Willson Juvenile Justice explained that funds are awarded to counties based on population Staff wasinstructed to place this item under Consent Calendar on the WBS agenda
bb Amendment 2 to the IGA 125383 between Department of Human Services and Josephine CountyJanine Wilson Juvenile Justice explained this IGA would fund six beds for probation kids that need assessment
Staff was instructed to place this item under Consent Calendar on the WBS agenda
Rycke Brown 936 SW Greenwood felt that the State cutting funding to Juvenile Justice is a sign of the State losingsight of their priority The State could save money by legalizing marijuana She asked they pass the legislationb Bikeways Committee Recommendation Steve Baksay
Steve Baksay Grants Pass presented a project for a proposed trail off of Pinecrest that the Bikeways Committee hasbeen working on for two years He has spoken with Public Works and Parks who had no problems with the conceptRob Brandes expressed concern about controlling traffic across the caps Steve said he was not asking for money hewas asking for authorization to proceed to find a grant writer The Board agreed it sounded like a great idea butwanted more details Steve was asked to work with David Wechner in Planning and to speak to the neighbors to findout how they feel
Rycke Brown 936 SW Greenwood thought it was a great idea and felt the neighbors would probably love having amore structured activity next door
David McAllister Grants Pass was concerned about the health and welfare of people around the landfill
c Transit
aa Amendment 6 to the Agreement for Funding and Management of the Josephine County Transit systembetween Josephine County and Rogue Community College District
Rosemary Padgett CFO explained that this is an amendment to the annual contract for 30000 which RCC uses to buypasses and give to the students Staff was instructed to place this item under Consent Calendar on the WBS agenda
bb Agreement 27687 between ODOT Public Transit Division and Josephine County for PreventativeMaintenance Expenses
Rosemary Padgett CFO explained this grant is specific for maintenance to the vehicles It is a two year grant for182168 with a 10 match requirement Staff was instructed to place this item under Consent Calendar on the WBSagenda
2 CFO REPORT BUSINESS UPDATE
a Miscellaneous
Rosemary Padgett said CityCounty Insurance is reviewing the information she sent and they will continue coverageuntil mid July when the new policy is ready
b Budget Update
Rosemary Padgett CFO said that while the Board has approved the 1112 budget a number of State contracts are stillunknown until the State finishes their budget She expects to bring to the Board several adjustments in the next fewmonths She requested that the Board return the Title 3 projects matrix and she will schedule a meeting to reviewthem in midJuly
Rycke Brown 936 SW Greenwood discussed several invasive weeds and methods for removal
County Administration Meeting June 23 2011Page 2 of 2
3 BOARD BUSINESS
a Resolution 2011 041 In the Matter of an Appointment to the Josephine County Rural Planning CommissionStaff was instructed to place this item under Administrative Actions on the WBS agenda
b PEG RFP
Commissioner Cassanelli react and submitted Exhibit B saying she would commit 10 of her take home pay for back upproducers Commissioner Ellis said this was a good direction his only concern is who is going to be responsible He felt theyneeded a contract or some kind of hold on whoever is back there if something goes wrong where is the hook for theCounty He felt they need a contract with specifics and asked who would be responsible for the volunteers CommissionerCassanelli said she would take it over Commissioner Hare said he didnt feel it should be a Commissioner it would be hardto run equipment while they are having a meeting He said there are many questions and the Board needs to nail themdown Commissioner Cassanelli felt the Board was asking for a double standard asking the CAP have a level of scrutiny thatRVTV doesnt have Commissioner Hare suggested she put it on paper and have the Board agree to it and felt this is goodprogress but they need more
Dale Matthews Grants Pass said he was willing to set up a 501c3 and understands the Boards concerns He agreed thatthere were risks and they need a contract but felt they have proven they can do it Commissioner Ellis told him they needto see procedures written down Dale suggested they consider taking a risk giving them 30 90 days at the end of Juneand stop working with RVTV Commissioner Ellis said on June 7 at the Legal meeting they discussed a month to monthlease with RVTV for WBS Land Use Hearings and Rural Planning Commission meetings Commissioner Cassanelli agreedand suggested they get the paperwork ready to have them do those meetings but stop paying them from the PEG accountat the end of June Commissioner Ellis felt they currently have a contract for month to month if they change it they needto negotiate with RVTV Commissioner Hare felt they have little control of the station but if they give it to Dale Matthewsthey lose it to him He suggested they contact another County to see what they have in place he knows where they wantto go but the details are cloudy Commissioner Ellis said he wanted it clear that it is not RVTVs fault what fund they arepaid from that blame is on this Board and previous Boards He suggested they contact RVTV and let them know whatdirection they are headed in Have them do the meetings from the nine point draft he had proposed and discuss a contractfor those services
Rosemary Padgett CFORisk Manager said it was very important volunteers fill out a form and requested they dont includeminors Most volunteers have a county employee to work with but to allow access to high school students would makethem liable outside of current coverage Commissioner Hare felt they should have an accounting of equipment and theyshould keep track of volunteer time with a sign in out sheet to keep track of who is back there Rosemary agreed and saidthe County needs a formal policy so they dont violate BOLI laws
David McAllister Grants Pass asked how many volunteers they have that can film the meetings
Rycke Brown 936 SW Greenwood felt Dale Matthews non profit should coordinate with the schools to bring in thestudents as a great learning opportunity to learn video production
c Matters from Commissioners
Commissioner Ellis said he has worked with Leah Harper for four years arid distributed Exhibit C draft Code EnforcementOfficer Ordinance
Commissioner Hare announced upcoming events
d Liaison UpdateNone heard
e Miscellaneous Items
None heard
Rycke Brown 936 SW Greenwood suggested they not use a Code Enforcement Officer in place of the Sheriff
Meeting adjourned 1058 am
Exhibit A David Everist
Exhibit B PEG ProposalExhibit C Draft Code Enforcement Officer Ordinance
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44
E1 Accused
David Everist2 7447 Thompson Creek road
Applegate Oregon 975303 541 973 1239
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT9
10
FOR THE DISTRICT OF OREGON
11 UNITED STATES OF AMERICA
12 Plaintiff Case No CR09479MO
13 against NOTICE OF DEPARTMENT OF AGRICULTURUSURPATION OF CONGRESSIONAL AN
14 David Everist INTERIOR DEPARTMENT AUTHORITY ANNOTICE OF CONSTRUCTIVE BREACH 0
15 Accused Defendant NATIONAL SECURITY AND REQUEST T oBLM FOR INTERVENTION
16
17
18YOU WILL PLEASE TAKE NOTICE
19
This instant Agency action by the Department of Agriculture t20
manage mining activity and regulate mineral entry represents21
22 clear and present danger to our Nations defense and economic
23 wellbeing Since 1974 the Forest Service has repeatedl
24
engaged in thinly veiled attempts by promulgation of its
25
regulations to withdraw mineral lands from lawful entry by its26
owners such attempts are now become a threat to National27
28 SecurityNOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OF
CONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OFCONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 1 of 8
w
1 This Lawless seed of assumption of jurisdiction over mineral
2
lands and mining 30 USC by the Department of Agriculture3
herein would like to blossom and spread to adversely affect the4
rights of many thousands of mining claim owners
6 through usurpation unlawfully withdrawing existing claims fro
7 mineral entry
8
Any regulation defacto closure which removes more than 5000
9
acres from its prior use or from mineral entry is a withdrawal
10
within the meaning of the Federal Land Planning and Management11
12 Act of 1976 FLPMA
13 Congress has specifically retained the power to make suc
14withdrawals that remove more than 5000 acres from its prior use
15
or which withdraw Federal lands or federally administere
16
lands from mineral entry See Mountain States Legal17
18 Foundation v Andrus DC Wyo 1980 499 FSupp 383
19 FLPMA 204c and FLPMA 103 j 43 USCA 1702j and 43 USCA
201714 c
21
YOU WILL PLEASE TAKE NOTICE
22
To the extent that this latest Proposed Rule23
2436 CFR 26110b operates as a withdrawal from mineral entry
25 it has not received the approval of Congress and it is a threa
26to National security it is therefore void ab initio
27
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OF
CONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OFCONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 2 of 8
1 YOU WILL PLEASE TAKE NOTICE
2THE CONTINUANCE OF THIS INSTANT ACTION BY THE DEPARTMENT 0
3
AGRICULTURE USDA FOREST SERVICE IS A DIRECT THREAT TO THA
4
WHICH IS ESSENTIAL TO THIS NATIONS SECURITY5
6 30 USC Sec 1801
7 01022006
TITLE 30 MINERAL LANDS AND MINING
9
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL10
Sec 1801 Congressional findings and declaration of purposes11
12 a The Congress finds that
13 1 the availability of adequate supplies of strategic an
14critical industrial minerals and materials continues to b
15
essential for national security economic well being an
16
industrial production17
18 2 the United States is increasingly dependent on foreig
19 sources of materials and vulnerable to supply interruption i
20the case of many of those minerals and materials essential t
21
the Nations defense and economic wellbeing22
3 together with increasing import dependence the Nations23
industrial base including the capacity to process minerals an
24
materials is deteriorating both in terms of facilities and i25
terms of a trained labor force Emphasis added26
27
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 3 of 8
1 Today according to Congress any attempt by the Fores
2 Service at usurpation to regulate entry upon mineral lands fo
3 mining purposes or to manage mining must be considered as
4 clear and present danger to our Nations defense and economic
5 well being 30 USC 1801 supra
6 The Forest Service has been admonished by the courts in th
7past for regulatory encroachment upon rights of entry under the
8 mining laws The distinction in this instant case mineral
9 prospecting and mining activity essential to the Nations
10 defense and economic well being is now become a serious matte
11 of critical importance
12 Prior to 30 USC 1801 Congress had already recognized that
13 this Nations mining industry has always depended upon the
14 individual small operator to do much of its prospecting that
15 it could not This recognition was again pointed out i
16 Congressional Hearings when proposed Forest Service regulations
17 were first promulgated in 1974 see below Memorandum
18 Now and pursuant to 30 USC 1801 miners of valuabl
1 minerals prospectors and locators have been implicitl
20 declared by Congress to be essential to this Nations security
21 YOU WILL PLEASE TAKE NOTICE
22 The record herein clearly shows that Claimants have bee
23 charged with trespassing upon their own property their minin
24 claim by virtue of an alleged failure on their part to achiev
25 some unknown level of mining to satisfy some unkno
26 regulation of the Forest Service Defendants EXHIBIT 3
27
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 4 of 8
1 The record herein clearly shows that the Forest Service is
2 not competently qualified and is lacking subject matte
3 jurisdiction to conduct such mineral examinations and minin
4 investigations in its administrative process
5 Clearly today any attempts by the Department of Agriculture
6 to usurp the authority of Congress and the Department of th
7 Interior to manage either Federal or Federally administere
8 Lands with regards to mineral lands and mining must operate t
9 endanger not only the property rights of Claim owners but th
10 security defense and economic well being of our Nation as well
11 NOTICE OF REQUEST TO THE DEPARTMENT OF INTERIOR FOR INTERVENTION
12 The Bureau of Land Management is the agency of the Unite
13 States with regulatory jurisdiction over mineral lands an
14 mining Mineral Lands and mining as well as prospecting have
15 been found and declared by Congress to be essential to this
16 Nations defense and economic wellbeing
17 The Forest Service in this case has usurped the authority of
18 this Department and the authority of Congress by attempting t
19 regulate mineral entry Claimants are under executory contrac
20 and pursuant to BLM regulations are attempting to satisfy th
21 requirements of assessment patent and purchase The actions of
22 the Forest Service herein not only materially interfere wit
23 compliance of BLM regulations and executory contract bu
24 actually do pose a very serious and constructive threat to ou
25 National security 30 USC 1801 supra
26
27
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 5 of 8
1 THEREFORE as a matter of National security and for th
2 reasons and on the grounds stated hereinabove and on th
3 grounds as more fully set forth within this Courts record
4 Claimants do hereby respectfully Request Intervention in this
5 case by the United States Department of the Interior Bureau of
6 Land Management
7
8 DATED
David Everist Sui Juris9
FEOFFEE
10 Accused Mineral Operator
11 CC SEE CERTIFICATE OF SERVICE BELOW
Federal Bureau of Investigation FBI Portland Office12
13MEMORANDUM
14 At the Congressional Hearings infra it was also recognize
15 that the Forest Service was attempting to make substantial
16 changes in our Nations mining policy by bureaucratic fiat
17 Here presented Various speakers at the Congressional Hearings
18 before the Committee on Interior and Insular Affairs House of
19 Representatives on the 1974 proposed Forest Service Minin
20 Regulations then Part 252 now Part 228 of Title 36 to the
21 CFRs held in Washington DC on March 7th and 8th of 1974 als
22 warned that bonding would be preclusive
23 Pertinent Excerpts of said Hearings as follows
24 Page 6 paragraph 3Specifically I take exception to the 200000 minimum bon
25 for mining operations Noting that the 200000 figure is
minimum and that the actual amount of the bond required woul26
depend on the local whims of the local ranger I would comment
27 that in most instances your major mining operations could afforsuch a bond however the small operator and this nations
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 6 of 8
1 industry has always depended on the individual to do much of itsprospecting could not Even the minimum bond would be
2
oppressive Secondly I would emphasis that the mining laws of
3 1872 specifically do not provide for fees for mineral
exploration and development and the posting of such a bond i
4 fact would create a fee structure which is not provided for i
the law Congressman Harold T Johnson Emphasis added5
6 Page 12 last 3 paragraphsCongressman Clausen The effect of the regulations can clearl
7 be seen in the requirement for a 2000 minimum bond To place
8this burden on the small miner is unconscionable at best It
amounts to confiscating his rights by imposing a high fee t
9 me this is not in keeping with traditional American sense of
justice and fair play10
Page 11 of 2311
Other provisions in the regulations are similar in scope an
12 purpose and have come about in my judgment because the Fores
Service has attempted to make serious and substantial changes i13 our national mining policy by bureaucratic fiat rather tha
through normal legislative channels Emphasis added14
It is the legislative process where these ideas can be
15 thrashed out in a public forum with public decisions The
regulatory process is totally unsatisfactory in this regard16
Page 17 paragraph 217
Mr Brizee OGC attorney I would agree again that there is no
18 express authority to require a bond Whether or not we ca
require the bond depends on whether or not it is reasonable
19 just as other regulations depend on whether or not they are
reasonable20
If there is no authority for the Secretary to make an
21reasonable regulations concerning entry then he may not mak
the one of the bond
22 Now some of them may be reasonable The bond one may not treasonable Emphasis Added
23
24 Bottom of page 17Congressman Melcher Do not the Organic Acts specificall
25 require that nothing therein shall abrogate or supersede the
1872 Mining Law26
Mr Brizee Yes sir it does Emphasis added
27
Page 39 at end of page28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL AND INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 7 of 8
1 Mr Dempsey mining industry chairman My experiencewith bonding with regard to reclamation laws and with regard t
2
contracting is that the small operator will find it impossible3 to secure a bond from a bonding company unless he is willing t
put in a fee as a premium the amount of the bond4 The only way that I could see that is one miner would put u
a bond is to put a 2000 Cash bond with the Forest Service I5
think that is a very difficult burden6 This still remains true today that requiring a bond fro
small miners for small scale mining operations is preclusive7 tantamount to a regulatory taking Findings and Recommendations
in Pearson v Bradley Powell et al 2003 Case No CIV S Ol8
2091 WBS PANPS
9
Certificate of Service10
I David Everist do hereby Certify and Affirm that I did11
serve a True and Correct copy of the foregoing legal document12 upon Assistant United States Attorney Neal J Evans by
placing the same in a sealed envelope postage prepaid13 certified mail return receipt requested addressed and directed
to the Office of said US Attorney at The Office of the U S
14
Attorney US District Court 1000 SW 3rd Avenue Portland
15 Oregon97204
16
17I David Everist do hereby Certify and Affirm that I did
18 serve a True and Correct copy of the foregoing legal documentupon the Office of United States Department of the Interior
19 Bureau of Land Management by placing the same in a sealedenvelope postage pre paid certified mail return receipt
20
requested addressed and directed to said Office at 333 SW
21First Avenue Portland Oregon 97204
22
23
24
25
26
27
28
NOTICE OF DEPARTMENT OF AGRICULTURE USURPATION OFCONGRESSIONAL ANTI INTERIOR DEPARTMENT AUTHORITY AND NOTICE OF
CONSTRUCTIVE BREACH OF NATIONAL SECURITY
Page 8 of 8
II
1 Q1 Accused Mineral Operator
David Everist2 7447 Thompson Creek Rd
Applegate Oregon 97530 A cc c6 c3 541 973 1239
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT9
10
FOR THE DISTRICT OF OREGON
11 UNITED STATES OF AMERICA
12 Plaintiff Case No CR09479MO
13 against NOTICE OF OBJECTION TO THE COURT OVERSUBJECT MATTER JURISDICTION
14 David Everist
15 CLAIMANT Defendant
16
18YOU WILL PLEASE TAKE NOTICE
19
THISCOURT IS WITHOUT SUBJECT MATTER JURISDICTION TO PROCEED
20
WITH TRIAL OR TO MAKE A JUDGMENT IN THE ABOVE ENTITLED CAUSE AS
21
22 MORE FULLY EXPRESSED JUST BELOW
23 Jurisdiction is a fundamental prerequisite to a valid
24
prosecution and conviction and usurpation thereof is
25
nullity 22 Corpus Juris Secundum Criminal Law 150
26
p 18327
28 1I
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 1 of 8
1 Jurisdiction of the subject matter is derived from the
2
law It can neither be waived nor conferred by consent of th
3
accused Objection to the court over the subject matter may b4
5urged at any stage of the proceedings and the right to mak
6 such an objection is never waived 21 American Jurisprudence
7 2nd Criminal Law 339 p589
8NOTICE OF ENACTING CLAUSE
9
The three essential parts of every bill or law are 1 the
10 title 2 the enacting clause and 3 the body H Walker La
Making in the United States p 31611
12 The form and style which has preceded all acts of Congress
13 has always been
14Be it enacted by the Senate and House
125 Of Representatives of the United StatesOf America in Congress assembled
16
The US Code cited on the face of the Criminal Informatio17
18 16 USC 551 herein is not an act of Congress On the fac
19 of the promulgated Code there is no enacting clause If no suc
20clause is apparent on the face of the law it is not an act of
21
Congress No criminal jurisdiction can exist without a bona fid22
act of Congress The purpose of an enacting clause of a statute23
24 is to identify it is an act of legislation by expressing on it
25 face the authority behind the act 73 Am Jur2d Statutes
2693 p 319 320
27
28
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 2 of 8
r
ti
1 The enacting clause is that portion of a statute which gives it2
jurisdictional identity and constitutional authenticity3
Joiner v State 155 SE2d 8 10 Ga 19674
THE UNITED STATES CODE5
6 The United States Code is assembled and revised unde
7 the supervision of the Committee on the Judiciary of the Hous
8of Representatives the main work is done by a Revisio
9
Counsel consisting of some members of Congress some voluntee10
lawyers and persons from West Publishing of St Paul Minnesota11
12 Nowhere has it ever been stated that the Code is the official
13 laws of the United States rather it is held to be
14restatement of law
15
This revision of laws of the United States was approved b16
an act of Congress on June 30 1926 44 Stat Part 117
18 In 1947 Congress enacted several titles into positive law
19 Matter set forth in the edition of the Code of Laws of the
20United States current at any time shall establish prim
21
facie the laws of the United States Provided however22
That whenever titles of such Code shall have been enacted int23
24 positive law the text thereof shall be legal evidence of the
25 laws therein contained in all the courts of the Unite
26States 61 Statute at Large 633 638 1 USC 204a
27
28
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 3 of 8
J
1 The United States Code was not enacted as a statute no
2
can it be construed as such It is only a prima facie statemen
3
of the statute law If construction is necessary recours
4
must be had to the original statutes themselves Murrell v
6 Western Union Tel Co 160 F2d 787 788 1947 see US v
7 Mercur Corporation 83 F2d 178 180 1936 Emphasis added
8Whether Congress pursuant to 66 Stat 633 638 has
9
enacted a title into positive law is irrelevant it does not
10
change it into a law of the United States Enactment int11
12 positive law only affects the weight of evidence
13 US v Zucker FSupp 889 891 1984 Congresss failure t
14enact a title into positive law has only evidentiar
15
significance Ryan v Bilby 764 F2d 1325 1328 198516
It is unmistakably clear that the United States Code is not17
18 itself the law of the United States actually the US Code is
19 prima facie evidence of the laws of the United States
20Five Flags Pipe Co v Dept of Transportation 854 F2d 1438
21
1440 1988 Stephan v United States 319 US 415 426 1943
22
STATUTES AT LARGE23
24There is no Statute at Large cited on the face of th
25 information But no one denies that the official source to fin
26United States laws is the Statutes at Large and the Code is onl
27
prima facie evidence of such laws Royers Inc v the Unite
28
States 265 F2d 615 618 1959
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 4 of 8
1 The criminal jurisdiction of the courts of the Unite
2
States is derived wholly from the statutes of the Unite
3
States US v Flores 289 US 137 151 1932 Acts of4
Congress as well as the constitution must generally unite t5
6 give jurisdiction to a particular court US v Bedford 27
7 Fed Cases p 91 103 Case No 15867 1847
8NOTICE OF STAUTORY RIGHT
9
By acts of Congress 14 Stat 251 c 262 17 Stat 91 c
10
152 and by the act of June 4 1897 30 Stat 36 Organic Acts11
12 certain mineral lands in the forest reserves continue to be
13 subject to location and entry notwithstanding the reservation
14The Organic Acts specifically require that nothing therein shall
15
abrogate or supersede the 1872 Mining Act Laws16
Claimants property rights herein are granted by the17
18 constitutional authority of Congress and are further protecte
19 under the US Constitution by the Fifth Amendment which states
20that private property shall not be taken for public use
21
without just compensation cl 3 Takings Clause22
NOTICE OF NON CONSTITUTIONAL ADMINISTRATIVE LAW23
24 An administrative agency is a creature of statute
25 having only those powers expressly granted to it by Congress o
26included by necessary implication from the Congressional grant
27
Soriano v United States 494 F2d 681 683 9th Cir 1974
28
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 5 of 8
1 The Forest Service was created by Congress under the 1905
2
Transfer Act expressly for purposes of management of forest
3
reserves The Forest Service is a resource management agency4
The Code cited in the information 36 CFR 26110b5
6 is administrative law as such it is non constitutional law
7 Regulations promulgated by administrative agencies have n
8
relationship to the US Constitution or any State Constitution9
There are no offenses against the United States save those10
declared to be such by Congress US v Grossman 1 Fed211
12 941 950 951 1924 The Forest Service does not possess
13 authority to declare any non compliance with its
14non constitutional regulations to be an offense against th
15
United States16
The powers granted to an administrative body may be suc17
18 as to establish it as a legal entity and although not
19 expressly declared to be a corporation it may be considered
20
public quasi corporation 73 Corpus Juris Securidum Public
21
Administrative Law and Procedure 10 p 372
22
This Claimant has no legal relationship with the Forest23
24 Service and its allegations of non compliance fail to provide
25 subject matter jurisdiction to this Court
26The Information does not set forth a case or controvers
27
arising under the US Constitution or any law of the Unite
28
States enacted thereunder there is therefore no subject matte
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 6 of 8
1 jurisdiction pursuant to the Federal judicial power defined at
2
Article III 2 US Const Where the information charges3
no crime the court lacks jurisdiction to try the accused and a4
motion to quash the information or charge is always timely5
6 22 Corpus Juris Secundum Criminal Law 157 p158
7 The want of sufficient affidavit complaint or informatio
8
goes to the jurisdiction of the court and renders all
9
proceedings prior to the filing of the proper instrument void a10
initio Id 324 p 39011
12 No complaint can allege that by a certain act a crime has
13 been committed when no law exists on the face of the chargin
14instrument that would make that act a crime and there is n
15
such law revealed in this Courts record16
In sum there is no valid act of Congress on the face of17
18 the information under which a cause of action may be brought
19 against this Claimant A court lacking jurisdiction cannot
20render judgment but must dismiss the cause at any stage of th
21
proceedings in which it becomes apparent that jurisdiction i22
lacking US v Siviglia 686 Fed2d 832 835 198123
24 THEREFORE the court must dismiss this action and cause
25 against the Claimant herein
L426
Respectfully submitter
27
Date t At AA C28
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 7 of 8
1 MEMORANDUM OF LAW
2
N o authority need be cited for the proposition that when
3
court lacks jurisdiction any judgment rendered by it is voi4
and unenforceable Hooker v Boles 346 Fed2d 285 286 19655
6
7 The publication of a statute without the enacting clause is npublication Ruling Case Law vol 25 Statutes 133 p
8884 citing LRA 1915B p 1065
9
Although there is no constitutional provision requiring a
10 enacting clause such a clause has been held to be requisite t
the validity of a legislative enactment 82 Corpus Juri11
Secundum Statutes 65 p 104
12
See also 25 Ruling Case Law Statutes 22 p 775 776
13 State v Kozer 239 Pac 805 807 Ore 1925 Preckel v Byrne
243 MW 823 826 62 ND 356 1932 State v Burrow 104 SW14
526 529 119 Tenn 376 1907 People v Dettenhaler 77 NW
15 450 451 118 Mich 595 1898 citing Swan v Buck 40 Miss
268 1866 Sjoberg v Security Savings and Loan Assn 73 Minn
16 203 213 75 NW 1116 1898 State of Nevada v Rogers 10
Nev 120 261 1875 Palmer v State 208 SW 436 137 Ark17
160 1919 State v Kearns 623 P2d 507509 229 Kan 207
18 1981 Smith v Jennings 67 SC 324 45 SE 821 824 1903
Stickler v Higgins 106 SW2d 1008 1009 269 Ky 260 193719
20Certificate of Service
21
I David Everist do hereby Certify and Affirm that I di
22 serve a True and Correct copy of the foregoing legal document
upon Assistant United States Attorney Neal J Evans b23
placing the same in a sealed envelope postage prepal
24certified mail return receipt requested addressed and directe
to the Office of said US Attorney at The Office of the U S
25 Attorney US District Court 1000 SW 3 Avenue Portland
Oregon 9720426 7
S27
28
NOTICE OF OBJECTION TO THE COURT OVER SUBJECT MATTER JURISDICTION
Page 8 of 8
Page l of 14
30 USC CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL 02012010
EXPCITE i4 qTITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
MISCl
Sec
1801 Congressional findings and declaration of purposes1802 Establishment of National Critical Materials Council
1803 Responsibilities and authorities of Council1804 Program and policy for advanced materials research and
technology1805 Innovation in basic and advanced materials industries
1806 Compensation of members and reimbursement1807 Executive Director
1808 Responsibilities and duties of Director1809 General authority of Council1810 Authorization of appropriations1811 Materials defined
End
CITE
30 USC Sec 1801 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD llSec 1801 Congressional findings and declaration of purposes
1STATUTE
a The Congress finds that1 the availability of adequate supplies of strategic and
critical industrial minerals and materials continues to beessential for national security economic well being and
industrial production2 the United States is increasingly dependent on foreign
sources of materials and vulnerable to supply interruption in thecase of many of those minerals and materials essential to theNations defense and economic wellbeing
3 together with increasing import dependence the Nations
industrial base including the capacity to process minerals andmaterials is deteriorating both in terms of facilities and in
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Page 2 of 14
terms of a trained labor force
4 research development and technological innovationespecially related to improved materials and new processingtechnologies are important factors which affect our long termcapability for economic competitiveness as well as for
adjustment to interruptions in supply of critical minerals andmaterials
5 while other nations have developed and implemented specificlong term research and technology programs to develop highperformance materials no such policy and program evolution hasoccurred in the United States
6 establishing critical materials reserves by both the
public and private sectors and with proper organization andmanagement represents one means of responding to the genuinerisks to our economy and national defense from dependency onforeign sources
7 there exists no single Federal entity with the authorityand responsibility for establishing critical materials policy andfor coordinating and implementing that policy and
8 the importance of materials to national goals requires anorganizational means for establishing responsibilities formaterials programs and for the coordination within and at a
suitably high level of the Executive Office of the Presidentwith other existing policies within the Federal Government
b It is the purpose of this chapter1 to establish a National Critical Materials Council under
and reporting to the Executive Office of the President whichshall
A establish responsibilities for and provide for necessarycoordination of critical materials policies including all
facets of research and technology among the various agenciesand departments of the Federal Government and make
recommendations for the implementation of such policiesB bring to the attention of the President the Congress
and the general public such materials issues and concernsincluding research and development as are deemed critical to
the economic and strategic health of the Nation and
C ensure adequate and continuing consultation with theprivate sector concerning critical materials materials
research and development use of materials Federal materials
policies and related matters
2 to establish a national Federal program for advancedmaterials research and technology including basic phenomena
through processing and manufacturing technology and
3 to stimulate innovation and technology utilization in basicas well as advanced materials industries
SOURCE
Pub L 98 373 title II Sec 202 July 31 1984 98 Stat 1249
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MISC1
SHORT TITLE
Section 201 of Pub L 98 373 provided that This title
enacting this chapter may be cited as the National Critical
Materials Act of 1984
End
CITE
30 USC Sec 1802 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1802 Establishment of National Critical Materials Council
STATUTE
There is hereby established a National Critical Materials Councilhereinafter referred to as the Council under and reporting tothe Executive Office of the President The Council shall be
composed of three members who shall be appointed by the Presidentand who shall serve at the pleasure of the President Members soappointed who are not already Senate confirmed officers of theGovernment shall be appointed by and with the advice and consent ofthe Senate The President shall designate one of the members toserve as Chairman Each member shall be a person who as a result
of training experience and achievement is qualified to carry outthe duties and functions of the Council with particular emphasis
placed on fields relating to materials policy or materials scienceand engineering In addition at least one of the members shall
have a background in and understanding of environmentally relatedissues
SOURCE
Pub L 98 373 title II Sec 203 July 31 1984 98 Stat 1250
End
CITE
30 USC Sec 1803 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
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Page 4 of 14
HEAD
Sec 1803 Responsibilities and authorities of Council
STATUTE
a Primary responsibilities of CouncilIt shall be the primary responsibility of the Council
1 to assist and advise the President in establishing coherent
national materials policies consistent with other Federalpolicies and making recommendations necessary to implement suchpolicies
2 to assist in establishing responsibilities for and to
coordinate Federal materials related policies programs and
research and technology activities as well as recommending to
the Office of Management and Budget budget priorities formaterials activities in each of the Federal departments andagencies
3 to review and appraise the various programs and activitiesof the Federal Government in accordance with the policy anddirections given in the National Materials and Minerals PolicyResearch and Development Act of 1980 30 USC 1601 30 USC
1601 et seq and to determine the extent to which such programs
and activities are contributing to the achievement of such policyand directions
4 to monitor and evaluate the critical materials needs ofbasic and advanced technology industries and the Governmentincluding the critical materials research and development needsof the private and public sectors
5 to advise the President of mineral and material 1
trends both domestic and foreign the implications thereof forthe United States and world economies and the national securityand the probable effects of such trends on domestic industries
6 to assess through consultation with the materials academiccommunity the adequacy and quality of materials relatededucational institutions and the supply of materials scientistsand engineers
7 to make or furnish such studies analyses reports and
recommendations with respect to matters of materials relatedpolicy and legislation as the President may request8A to prepare a report providing a domestic inventory of
critical materials with projections on the prospective needs ofGovernment and industry for these materials including a long
range assessment prepared in conjunction with the Office ofScience and Technology Policy in accordance with the NationalMaterials and Minerals Policy Research and Development Act of
1980 and in conjunction with such other Government departmentsor agencies as may be considered necessary of the prospective
major critical materials problems which the United States islikely to confront in the immediate years ahead and providingadvice as to how these problems may best be addressed with the
first such report being due on April 1 1985 and B review and
update such report and assessment as appropriate and report
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thereon to the Congress at least biennially and
9 to recommend to the Congress such changes in currentpolicies activities and regulations of the Federal Governmentand such legislation as may be considered necessary to carry outthe intent of this chapter and the National Materials andMinerals Policy Research and Development Act of 1980
b Specific authorities of CouncilIn carrying out its responsibilities under this section the
Council shall have the authority1 to establish such special advisory panels as it considers
necessary with each such panel consisting of representatives ofindustry academia and other members of the private sector not
to exceed ten members and being limited in scope of subject andduration and
2 to establish and convene such Federal interagencycommittees as it considers necessary in carrying out the intentof this chapter
c Collaboration and cooperation of Council and Federal agencieswith responsibilities related to materialsIn seeking to achieve the goals of this chapter and related Acts
the Council and other Federal departments and agencies withresponsibilities or jurisdiction related to materials or materialspolicy including the National Security Council the Council on
Environmental Quality the Office of Management and Budget and the
Office of Science and Technology Policy shall work collaboratively
and in close cooperation
SOURCE
Pub L 98 373 title II Sec 204 July 31 1984 98 Stat 1250
REFTEXT
REFERENCES IN TEXT
The National Materials and Minerals Policy Research and
Development Act of 1980 referred to in subsec a 3 8 and
9 is Pub L 96 479 Oct 21 1980 94 Stat 2305 which is
classified generally to chapter 28 Sec 1601 et seq of this
title For complete classification of this Act to the Code see
Short Title note set out under section 1601 of this title andTables
MISC1
REVIEW OF RESEARCH AND DEVELOPMENT PRIORITIES IN SUPERCONDUCTORSPub L 100418 title V Sec 5143 Aug 23 1988 102 Stat
1446 provided thata National Commission on Superconductivity The President
shall appoint a National Commission on Superconductivity to reviewall major policy issues regarding United States applications ofrecent research advances in superconductors in order to assist theCongress in devising a national strategy including research anddevelopment priorities the development of which will assure UnitedStates leadership in the development and application of
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Page 6 of 14
superconducting technologiesb Membership The membership of the National Commission on
Superconductivity shall include representatives of1 the National Critical Materials Council the National
Academy of Sciences the National Academy of Engineering the
National Science Foundation the National Aeronautics and Space
Administration the Department of Energy the Department ofJustice the Department of Commerce including the NationalInstitute of Standards and Technology the Department ofTransportation the Department of the Treasury and the
Department of Defense2 organizations whose membership is comprised of physicists
engineers chemical scientists or material scientists and
3 industries universities and national laboratories
engaged in superconductivity researchc Chairman A representative of the private sector shall be
designated as chairman of the Commissiond Coordination The National Critical Materials Council
shall be the coordinating body of the National Commission onSuperconductivity and shall provide staff support for theCommission
e Report Within 6 months after the date of the enactment of
this Act Aug 23 1988 the National Commission on
Superconductivity shall submit a report to the President and theCongress with recommendations regarding methods of enhancing theresearch development and implementation of improvedsuperconductor technologies in all major applicationsf Scope of Review In preparing the report required by
subsection e the Commission shall consider addressing but need
not limit its review to
1 the state of United States competitiveness in thedevelopment of improved superconductors2 methods to improve and coordinate the collection and
dissemination of research data relating to superconductivity3 methods to improve and coordinate funding of research and
development of improved superconductors4 methods to improve and coordinate the development of
viable commercial and military applications of improvedsuperconductors5 foreign government activities designed to promote
research development and commercial application of improvedsuperconductors6 the need to provide increased Federal funding of research
and development of improved superconductors7 the impact on the United States national security if the
United States must rely on foreign producers of superconductors8 the benefit if any of granting private companies partial
exemptions from United States antitrust laws to allow them tocoordinate research development and products containing
improved superconductors9 options for providing income tax incentives for
encouraging research development and production in the United
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r Z
Page 7 of 14
States of products containing improved superconductors and10 methods to strengthen domestic patent and trademark laws
to ensure that qualified superconductivity discoveries receivethe fullest protection from infringementg Sunset The Commission shall disband within a year of its
establishment Thereafter the National Critical Materials Councilmay review and update the report required by subsection e and
make further recommendations as it deems appropriate
FOOTNOTE
1 So in original Probably should be materials
End
CITE
30 USC Sec 1804 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MININGCHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1804 Program and policy for advanced materials research andtechnology
STATUTE
a Functions of Council
In addition to the responsibilities described in section 1803 ofthis title the Council shall be responsible for coordination withappropriate agencies and departments of the Federal Governmentrelative to Federal materials research and development policies andprograms Such policies and programs shall be consistent with thepolicies and goals described in the National Materials and MineralsPolicy Research and Development Act of 1980 30 USC 1601 et
seq In carrying out this responsibility the Council shall1A establish a national Federal program plan for advanced
materials research and development recommend the designation ofthe key responsibilities for carrying out such research and to
provide 1 for coordination of this plan with the Office ofScience and Technology Policy the Office of Management andBudget and such other Federal offices and agencies as may bedeemed appropriate and B annually review such plan and reportthereon to the Congress
2 review annually the materials research development and
technology authorization requests and budgets of all Federalagencies and departments and in this activity the Council shallmake recommendations in cooperation with the Office of Scienceand Technology Policy the Office of Management and Budget and
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Page 8 of 14
all other Federal offices and agencies deemed appropriate to
ensure close coordination of the goals and directions of suchprograms with the policies determined by the Council and
3 assist the Office of Science and Technology Policy in thepreparation of such longrange materials assessments and reportsas may be required by the National Materials and Minerals PolicyResearch and Development Act of 1980 and assist other Federal
entities in the preparation of analyses and reporting relating tocritical and advanced materials
b Review by Office of Management and BudgetThe Office of Management and Budget in reviewing the materials
research development and technology authorization requests of thevarious Federal departments and agencies for any fiscal year andthe recommendations of the Council shall consider all of such
requests and recommendations as an integrated coherent
multiagency request which shall be reviewed by the Office ofManagement and Budget for its adherence to the national Federal
materials program plan in effect for such fiscal year undersubsection a of this section
SOURCE
Pub L 98 373 title II Sec 205 July 31 1984 98 Stat 1251
REFTEXT
REFERENCES IN TEXT
The National Materials and Minerals Policy Research and
Development Act of 1980 referred to in subsec a is Pub L 96
479 Oct 21 1980 94 Stat 2305 which is classified generallyto chapter 28 Sec 1601 et seq of this title For completeclassification of this Act to the Code see Short Title note set
out under section 1601 of this title and Tables
MISC1
NATIONAL FEDERAL PROGRAM PLAN FOR ADVANCED MATERIALS RESEARCH ANDDEVELOPMENT
Pub L 100 418 title V Sec 5181 Aug 23 1988 102 Stat
1454 directed National Critical Materials Council to prepare thenational Federal program plan for advanced materials research anddevelopment under 30 USC 1804a1A and to submit such planto Congress not later than 180 days after Aug 23 1988
FOOTNOTE
1 So in original Probably should be and provide
End
CITE
30 USC Sec 1805 02012010
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EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1805 Innovation in basic and advanced materials industries
STATUTE
a Centers for Industrial Technology recommendations for
establishment activities
1 In order to promote the use of more cost effective advanced
technology and other means of providing for innovation andincreased productivity within the basic and advanced materialsindustries the Council shall evaluate and make recommendations
regarding the establishment of Centers for Industrial Technology asprovided in Public Law 96480 15 USC 3705
2 The activities of such Centers shall focus on but not belimited to the following generic materials areas corrosion
welding and joining of materials advanced processing andfabrication technologies microfabrication and fracture and
fatigueb Mechanism for dissemination of data establishment
computerization
In order to promote better use and innovation of materials indesign for improved safety or efficiency the Council shall
establish in cooperation with the appropriate Federal agencies andprivate industry an effective mechanism for disseminatingmaterials property data in an efficient and timely manner In
carrying out this responsibility the Council shall consider where
appropriate the establishment of a computerized system taking intoaccount to the maximum extent practicable existing availableresources
SOURCE
Pub L 98 373 title II Sec 206 July 31 1984 98 Stat 1252
REFTEXT
REFERENCES IN TEXT
Public Law 96480 referred to in subsec a1 is Pub L 96
480 Oct 21 1980 94 Stat 2311 known as the StevensonWydlerTechnology Innovation Act of 1980 which is classified generally tochapter 63 Sec 3701 et seq of Title 15 Commerce and Trade For
complete classification of this Act to the Code see Short Title
note set out under section 3701 of Title 15 and Tables
End
CITE
30 USC Sec 1806 02012010
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Page 10 of 14
EXPCITE
TITLE 30 MINERAL LANDS AND MININGCHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1806 Compensation of members and reimbursement
STATUTE
a Basic pay for levels II and III of Executive ScheduleThe Chairman of the Council if not otherwise a paid officer or
employee of the Federal Government shall be paid at the rate notto exceed the rate of basic pay provided for level II of theExecutive Schedule The other members of the Council if not
otherwise paid officers or employees of the Federal Governmentshall be paid at a per diem rate comparable to the rate not toexceed the rate of basic pay provided for level III of theExecutive Schedule
b Reimbursement of travel expenses for attendance at meetingsSubject to existing law and regulations governing conflicts of
interest the Council may accept reimbursement from any privatenonprofit organization or from any department agency or
instrumentality of the Federal Government or from any State orlocal government for reasonable travel expenses incurred by anymember or employee of the Council in connection with such membersor employees attendance at any conference seminar or similar
meeting
SOURCE
Pub L 98 373 title II Sec 207 July 31 1984 98 Stat 1252
REFTEXT
REFERENCES IN TEXT
Levels II and III of the Executive Schedule referred to insubsec a are set out in sections 5313 and 5314 respectivelyof Title 5 Government Organization and Employees
End
CITE
30 USC Sec 1807 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1807 Executive Director
STATUTE
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a Function appointment and compensationThere shall be an Executive Director hereinafter referred to as
the Director who shall be chief administrator of the CouncilThe Director shall be appointed by the Council full time and shallbe paid at the rate not to exceed the rate of basic pay providedfor level III of the Executive Scheduleb Personnel and services of experts and consultants rules and
regulationsThe Director is authorized
1 to employ such personnel as may be necessary for theCouncil to carry out its duties and functions under this chapterbut not to exceed twelve compensated employees
2 to obtain the services of experts and consultants inaccordance with the provisions of section 3109 of title 5 and
3 to develop subject to approval by the Council rules and
regulations necessary to carry out the purposes of this chapterc Consultation with other groups utilization of public and
private services facilities and information
In exercising his responsibilities and duties under this chapterthe Director
1 may consult with representatives of academia industrylabor State and local governments and other groups and
2 shall utilize to the fullest extent possible the servicesfacilities and information including statistical informationof public and private agencies organizations and individuals
d Utilization of voluntary and uncompensated labor and servicesNotwithstanding section 1342 of title 31 the Council may utilize
voluntary and uncompensated labor and services in carrying out itsduties and functions
SOURCE
Pub L 98 373 title II Sec 208 July 31 1984 98 Stat 1253
REFTEXT
REFERENCES IN TEXT
Level III of the Executive Schedule referred to in subsec ais set out in section 5314 of Title 5 Government Organization andEmployees
COD
CODIFICATION
In subsec d section 1342 of title 31 substituted forsection 367b of the Revised Statutes 31 USC 665b onauthority of Pub L 97 258 Sec 4b Sept 13 1982 96 Stat
1067 the first section of which enacted Title 31 Money andFinance
MISC1
PERSONNEL MATTERS
Pub L 100 418 title V Sec 5182 Aug 23 1988 102 Stat
1454 provided that
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Page 12 of 14
a Requirement To Increase Staff Not later than 30 daysafter the date of the enactment of this Act Aug 23 1988 the
Executive Director of the National Critical Materials Council shallincrease the number of employees of the Council by the equivalentof 5 full time employees over the number of employees of theCouncil on the date of the enactment of this Actb Qualifications of Staff Not less than the equivalent of 4
full time employees appointed pursuant to subsection a shall be
permanent professional employees who have expertise in technicalfields that are relevant to the responsibilities of the NationalCritical Materials Council such as materials science and
engineering environmental matters minerals and natural resourcesceramic or composite engineering metallurgy and geology
End
CITE
30 USC Sec 1808 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1808 Responsibilities and duties of Director
STATUTE
In carrying out his functions the Director shall assist andadvise the Council on policies and programs of the FederalGovernment affecting critical and advanced materials by
1 providing the professional and administrative staff andsupport for the Council
2 assisting the Federal agencies and departments inappraising the effectiveness of existing and proposed facilitiesprograms policies and activities of the Federal Governmentincluding research and development which affect critical
materials availability and needs3 cataloging as fully as possible research and development
activities of the Government private industry and public andprivate institutions and
4 initiating Government and private studies and analysesincluding those to be conducted by or under the auspices of theCouncil designed to advance knowledge of critical or advancedmaterials issues and develop alternative proposals includingresearch and development to resolve national critical materials
problems
SOURCE
Pub L 98 37 3 title II Sec 209 July 31 1984 98 Stat 1253
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Page 13 of 14
End
CITE
30 USC Sec 1809 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1809 General authority of Council
STATUTE
The Council is authorized
1 to establish such internal rules and regulations as may benecessary for its operation
2 to enter into contracts and acquire materials and suppliesnecessary for its operation to such extent or in such amounts asare provided for in appropriation Acts
3 to publish consistent with title 44 or arrange to publishcritical materials information that it deems to be useful to the
public and private industry to the extent that such publicationis consistent with the national defense and economic interest
4 to utilize such services or personnel as may be provided tothe Council on a nonreimbursable basis by any agency of theUnited States and
5 to exercise such authorities as may be necessary andincidental to carrying out its responsibilities and duties underthis chapter
SOURCE
Pub L 98373 title II Sec 210 July 31 1984 98 Stat 1253Pub L 100 418 title V Sec 5183 Aug 23 1988 102 Stat
1454
MISC1
AMENDMENTS
1988 Par 4 Pub L 100 418 substituted nonreimbursable
for reimbursable
End
CITE
30 USC Sec 1810 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
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Page 14 of 14
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1810 Authorization of appropriations
STATUTE
There are hereby authorized to be appropriated to carry out theprovisions of this chapter a sum not to exceed 500000 for thefiscal year ending September 30 1985 and such sums as may benecessary thereafter Provided That the authority provided for inthis chapter shall expire on September 30 1992 unless otherwise
authorized by Congress
SOURCE
Pub L 98 373 title II Sec 211 July 31 1984 98 Stat 1254Pub L 100 418 title V Sec 5184 Aug 23 1988 102 Stat
1454
MISC1
AMENDMENTS
1988 Pub L 100 418 substituted 1992 for 1990
End
CITE
30 USC Sec 1811 02012010
EXPCITE
TITLE 30 MINERAL LANDS AND MINING
CHAPTER 30 NATIONAL CRITICAL MATERIALS COUNCIL
HEAD
Sec 1811 Materials defined
STATUTE
As used in this chapter the term materials has the meaninggiven it by section 1601b of this title
SOURCE
Pub L 98 373 title II Sec 212 July 31 1984 98 Stat 1254
End
httpuscodehousegovdownloadp1s30C30txt 1252011
LEGAL NOTICEALL PRIVATE CITIZENS AND ALL PUBLIC
SERVANTS YOU ARE HEREBY PUT ON NOTICETHAT THIS IS PRIVATE PROPERTY AS SUCH
WARNING To all people you may be charged withthe following
OREGON REVISED STATUTES
164245 Criminal trespass in the second degreeI A person commits the crime or criminal trespass in NOTE Be sure you personally sign allthe second degree if he enters or remains unlawfully in documents demands or requestor upon premises
Ch 2l CIVIL RIGHTS 42 1983
12 Criminal trespass in the second degree is a ClassC misdemeanor 11971 c743 139 1983 Civil action for deprivation of rights
164255 Criminal trespass in the first degree 1 Every person who under color of any statuteA person commits the crime of criminal trespass in the ordinance regulation custom or usage of any Statefirst degree if he enters or remains unlawfully in a or Territory or the District of Columbia subjects ordwelling causes to be subjected any citizen of the United States
or other person within the jurisdiction thereof to the2 Criminal trespass in the first degree is a Class A deprivation of any rights privileges or immunities
misdemeanor 1971 c 743 140 secured by the Constitution and laws shall be liable tothe party injured in an action at law suit in equity or
164265 Criminal trespass while in possession of other proper proceeding fro redress For the purposefirearm I A person commits the crime of criminal of this section any Act of Congress applicabletrespass while in possession of a firearm who while in exclusively to the District of Columbia shall bepossession of a firearm enters or remains unlawfully in considered to be a statute of the District of Columbia
or upon premisesRS 1979 Pub L 96170 1 Dec 29 1 979 93
2 Criminal trespass while in possession of a fuearm Stat 1284
is a Class A misdemeanor 1979c603 2If two or more persons conspire to injure oppress
threaten or intimidate any citizen in the free exerciseWARNING To all public servants or enjoyment of any right or privilege secured to him
by the Constitution or the laws of the United States or
You are hereby put on Notice that this Is because of his having so exercises the same or
Private Property as such all Rights Guaranteedby the Constitution which youve taken an If two or more persons go in disguise on the
Oath to uphold and defend are hereby claimed highway or on the premises of another with the intentto prevent or hinder his free exercise or enjoyment of
PLEASE NOTE No Claims or Demands of any any right or privilege so secured
kind will be recognized without full Due Processof Law They shall be fined not more then 10000 or
imprisoned not more then ten years or both and ifdeath they shall be subject to imprisonment for anyterm of years or for life
If you feel you must contact me Officially you cando so by mail Address all correspondence to USC TITLE 18 Sec 241
Case 111cv00241 CCM Doc 4 rile t11 Page 1 of 31L N N d
FILEDUnited States Court of Federal Claims MAY 11 2011
F V Case No 11241 L
EXPEDITED
Amended Petition for Writ of Prohibition Writs of Mandamus and Injunction
Affidavit
In re
rs Ed NeedlesRelator unrepresented Mineral Estate Grantee Beneficiary
V
The US Court of Appeals for the Ninth Circuit US Agency Trustee
and
The United States District Court District of Oregon USAgency Trustee
and
Department of Justice of the United States US Agency Trustee
and
Terry K Kolkey Court Officer US Agency Trustee
for
The United States of America Grantor Trustee
iti Defendant
I Of 31
Case 111 cv00241 CCM Document 4 Filed 051111 Page 2 of 31
3 By order of the court i file this amended complaint hoping this one meets with the judges favor
Though mentioning the criminal case purported against the Relator this complaint does not
attempt to have this court alter the Sentence of the District Court Rather the judgment and
sentence is without any lawful authority The judgment and sentence being the product of a
complaint fraudulently represented in evasion of the Defendantsfiduciary duties owed to
rr Relator causing the unlawful takings of private property contrary to law and trespassing the
public trust As will he shown this Court has exclusive jurisdiction over the cause and is
empowered to do justice including ordering the vacation of the District Court Judgment and
Sentence void of jurisdiction and authority
The Defendant GrantorsTrustee criminally citing a valid valuable mineral deposit Locator such
as the Relator is a crime of the highest order needing immediate arrest the intent ofthis petitioni
for writ of prohibition mandamus and for injunction of US Agency Being the writ or injunction
sought requires a concise description of the particular acts or things in respect to which the party
is enjoined so that there may be no misapprehension on the subject the original complaint is
or
incorporated here by this reference at least as a memorandum as to those particularitiesam
supporting the purpose of this petition for a writ of prohibition and mandamus and injunction
I This Court Has Jurisdiction
A United State Code Title 28 Part IV Chapter 91 1491 and 1495
B The United States Court of Federal Claims shall have jurisdiction to render judgment uponany claim against the United States founded either upon the Constitution or any Act of Congressor any regulation afan executive department or upon any express or implied contract Vvith theUnited States or for liquidated or unliquidated damages in cases not sounding in tortTo grant declaratory judgments and such equitable and extraordinary relief as it deems properincluding but not limited to injunctive relief
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C 3 in exercising jurisdiction under this subsection the courts shall give due regard to theinterestsotnational defense and national security and the need for expeditious resolution of theaction
D 28 USC 1346a2The district courts shall not have jurisdiction of any civilaction or claim against the United States founded upon any express or implied contract with theUnited States
Il This Court Has Authority
l Constitution for the United States of America Amendment V 1791
No person shall be held to answer for a capital or otherwise infamous crime unless on apresentment or indictment of a grand jury except in cases arising in the land or naval forces orin the militia when in actual service in time of war or public danger nor shall any person besubject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled inany criminal case to be a witness against himself nor he deprived oflife liberty or propertywithout due process of low nor shall private property be takenfor public use without justcompensat
2 Citing from USAM 44210 Civil Resource Manual 148There is precedent that a claim which is for less than 10000 when filed but is accruing so that itwill be for more than 10000 at the time of judgment is within the exclusive jurisdiction of theCourt of Federal Claims Goble v Marsh 684 F2d 12 DC Cir 1982
wi a Court of Federal Claims
Iv United States Attorneys should be vigilant in moving to dismiss or transfer cases broughtin the district court over which the Court of Federal Claims has exclusive jurisdictionReference should be made to Bowen v Massachusetts 487 US 879 910 n48 1988
North Star Alaska v United States 14 F3d 36 37 9th Cir cert denied 114 S Ct 27061994Transohio Savings Bank v Director Office of Thrift Savings 967 F2d 598 DCCir 1992 Reference should be made to the Civil Division Monograph entitled Transferof Cases to the Court of Federal Claims For further discussion of Court of Federal Claims
litigation see Civil Resource Manual at 47
h 47 Court of Federal Claims LitigationAlthough the general rule is that jurisdiction is established at the time of tiling there is precedentthat a claim which is for less than 10000 when filed but is accruing so that it will be for morethan 10000 at the time of judgment is within the exclusive jurisdiction of the Court of FederalClaims Noble v Marsh 684 F2d 12 DC Cir 1982 It is settled that a plaintiff may remain inthe district court under the Tucker Act even if his damages exceed 510000 as long as he waives
t all recovery in excess of10000 Eg Stone v United States 683 F2d 449 451 DC Cir1982
a
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c If a case within the exclusive jurisdiction of the Court of Federal Claims is filed in thedistrict court a motion to dismiss or a motion to transfer is appropriate Section 1631 oftitle 28 United States Code authorizes a court without jurisdiction over a case to transfer it to a
re different court in which the case could have been brought if it is in the interest ofjustice Anj order granting or denying in whole or in part such a motion is immediately appealable to the
United States Court of Appeals for the Federal Circuit See 28 USC 1292d4A
tit d Neither contractors nor the government may bring a contract action in federal districtcourt simply by recasting claims in tort language or as some statutory or regulatoryviolation See Scaltite Corp v General Services Admin 614 FSupp 352 354DColol985
ii
1 In the nature of United States v J E Salvage Co 55 Rid 985 4th Cir1995 holding that a conversion action brought by the United States in districtcourt seeking the return of certain government property was in reality a contractclaim which had to be addressed under the Contract Disputes Act and thereforeexclusive jurisdiction rests with the Court of Federal Claims 28 USC 1491
e National Defense and Security
Of national defense and security interest pursuant to 30 USC 1801 at 1803 agencies with
responsibilities or jurisdiction related such as the National Security Council shall work
3 collaboratively and in close cooperation and by such legislation as may be considered
necessary to carry out the intent of this chapter and the National Materials and Minerals Policy
3State of Idaho
Payette County
Ill By These Facts
This Petition is also an affidavit of the facts herein stated evidence in support of its Purpose
1 Fd Needles of capacity and competence in firsthand witness being first duly sworn deposed
state at all times relevant to my petition
A Of The Relator
1 The Mining Law and because of the special relationship between Relator and Defendant
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yt requires l must plead certain facts to advance my cause
2 The Relator proceeds in his own right unrepresented by counsel any adequate counsel non411
existent in the United States and competent in the specialty of mining law
3 The Defendant owes a fiduciary duty to the Relator whether as Grantee or Beneficiary
4 The unrepresented Relator is doing his best to comply with the rigors and foreign nature of
this United States Claims Court and Agency of the Defendant
5 As used herein the Mining Law encompasses the mining law Act of Congress and by court
decree prior acknowledging miner title to the land to the express or implied grants the Trust
disposing the uncommon mineral deposits and appurtenant property and rights establishing
ocpeaceful possession and enjoyment or Occupancy in the Act of Congress Jul 26 1866 as wellP P ly p Y 8 July
as those in amendment culminating in the Act of Congress of May 10 1872 hereafter Grant and
the relationship thereby these upon acceptance evidenced by the Location Notice of public
record
6 The Mining Law enacted by the Congress or by prior court decree creates an expressed or
implied contractual relationship between the Relator and the Defendant
A 7 The Relator is lid Needles a coowner purchaser Locator and depending upon the context
Beneficiary of the Mining Law established Trust and vested Locatable mineral deposit Mineral
Estate Grantee of part of the property of the established trusts thereby establish further fiduciary
obligations upon the United States of America
8 The extent of the litle or Property of the Relator accrues in relation back to the granting acts
9 Ed Needles is relevant to this petition a vested Coowner of the Locatable mineral deposit
hereafter referred to as the Orion a valid valuable locatable mineral deposit discovery Public
Record evidence County filing Exhibit 1I Location Notice Title fully incorporated herein by
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7 reference to the original filing or by Land Office Numbers ORMC 158812158815 by the termstie
of the grant an exclusively possessed or Private Property5
10 The Relator has for the purposes of this petition fulfilled the terms of the Grant of
Defendant
di
11 The Relator is a prudent man
12 The Relator has expended and as he can despite the unlawful interference of the Defendant
continues to expend money and labor in pursuance of the Discovery of identifiable Gold in place
within the limits of the duly located claim known as the Orion
13 As a matter of Mining Law Ed Needles the Relator shall have the exclusive right of
possession and enjoyment ofall the surface included within the lines ofheir locations
reference 301JSC 26
14 By the terms of the Grant the Relator is obligated to certain things within the limits of the
claim limited to location incidence and maintenance of the claimta
15 The trustee is interfering with that compliance by its fiduciary breach to my irreparable harm
mitunder color of law contrary to law
16 Despite the unlawful infringement of Defendant the Relator is in full compliance with those
certain grant obligations with none remainingor
17 For Relatorspart performed or contributed yearly work not less than 100 worth of labor orP
ittti improvement or investment or assessment have been made upon the location
18 Actual improvements or development or investments exceed 607 Thousands Dollars
19 As stated in Granlick v Johnson 29 Wyo 349 913 213 Pac 89 n 86 where the court with
reference to continuous occupancy under pedis possessio alone pending discovery said the
necessity of such occupancy is but stated in another way when it is said that the object of the ruleM
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4
is to protect an explorer against a forcible fraudulent or clandestine actual occupancy the land4
may be taken by someone acquiring a right but so long as he maintains a continued actual
occupancy it is difficult to see how any hostile entry could be made that would not be either
forcible fraudulent or clandestine occupancy is a necessity and contemporaneous a location
20 At all times as required by law Relatorspossession and enjoyment or occupation and
location is mineral incident
21 By the abovestated compliance Relators possession and enjoyment as a matter of law is as
patent subject only to the continued work or purchase compliance above
22 The Orion provides this prudent Relator the right to make a livelihood as Congress granted
23 The Orion is situated by disposal of Act of Congress on public domain land reserved from
the forest reserve confirmed by the Act of Congress known as the Organic Act of June 4
tl 1897 that tbund deposits of located mineral lands arc there by restored to public domain
24 As required by law the Orion is not situated on National Forest Service lands These forest
reserves being public land not public domain
25 The Relator was in peaceful exclusive possession and enjoyment of the Orion including the
entire surface within the litnits of the claim up until the wrongful trespass by the United States
IJS Agency Department of Justice and perfected divestment by the judge of district court
contrary to law or the implied or express contract or trust established thereby
26 Under the Mining Law possession of the surface of the mining claim is sufficient evidence of
title against any one not showing any higher or better right
27 Under the mining law the better title prevails As against the Relator the United States byNIP
implied contract not to reassert is estopped by its own grant Reference Fletcher v Peck 1810
28 Due to the congressional grant of the surface exclusively possessed of the Locator the
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Defendant can not show higher title not conditioned by the grant of Congress
29 Where land has been located as a mining claim it will be presumed that the locators
complied with the law and made a discovery of mineral prior to location Northern P R Co v
Marshall 17 Land Dec 545 Tarn v Story 21 Land Dec 440 Fox v Myers Nev 86 Pac 793
Vogel v Warsing 146 Fed 949
a And this presumption is particularly applicable in a summary proceeding instituted at
the beginning of a suit where the granting or the withholding of an injunction depends upon
facts presented by evidence and where a subsequent locator attacks the title of a prior locator or
that of his successor in interest Vogel v Warsing supra
b And every reasonable presumption should be indulged in favor of a discovery of a lode
by the locator of a mining claim after the claim has stood unchallenged for years and work of
importance has been prosecuted thereon at various points and the claim has been transferred to
111an innocent purchaser Cheesman v Hart 42 Fed 98 Vogel v Warsing supra
10 30 Aside from tnist obligations delegated to the Secretary of Interior providing the Relator
develops within the purpose and intent the Grant the Relator owes no duty to the Secretary of
Agriculture The Relator is fully incident the purpose and intent of the mineral estate grant
B Of the United States of America or by or Through United States Agency Defendant
1 For the purposes of this complaint and the relationship between the Relator and the Defendant
and the accepted implied or expressed terms of the Grant at all limes in this complaint
Referencing St Louis Co v Montana Co 171 US 655 wherein it was said
Where there is a valid mining location of a mining claim the area becomes
segregated from the public domain and the property of the locator and the
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fv1 governmentsinterest in the land is merely that of trusteeaut
2 The United States of America is the Grantor and Trustee by agency as appropriate
3 The United States ofAmerica relevant this complaint works through the following agencies
4 The US Court of Appeals for the Ninth Circuit is an US Agency Trustee
5 The District of the United States for the District of Oregon is an US Agency TrusteeRN
6 The Department of Justice of the United States is an US Agency Trustee
7 Terry R Kolkey Court Officer is an US Agency Trustee
8 The Defendant whether by and through agency is bound by the Constitution for the United
States of America
9 By and through the Constitution the Congress established therein is empowered and
obligated to dispose of the Trust Property or public land of the United States including the
mineral estate
10 The Congress of the United States of America did dispose a certain part of the mineral estate
expressly or through amendment in the Act of Congress July 26 1866 as amended by the Act ofIty
Congress June 9 1870 culminating in the final amendment Act of Congress of May 10 1872
the Mining law relative to this complaint the certain property held in trust
11 Lest any body commit the same vice of these decisions that courts jailed to differentiatetfi
11between granted mineral lands and reserved mineral lands the ones in which the government
has retained a mere naked title ie taking the position oft trustee or mining locator and the
f0 other where it creates the position ollundlord and tenant by the severance of the mineral rights
and the surface rights each being estate in land and subject to separate leases NPR Co v
Mielde 43 Mont 287 137 Pac 391 Leasing Act 41 Rev Stats Section 437 referencing
11 American Mining Law Volume 1 Pages 231232 Fn20f this petition does not contemplate and
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can not be interpreted through the disposable nonproperty Common MineralNlaterials Act of
1947 as amended by the Act of 1955 30 USC 601615 notwithstanding the congressional1
savings clause as an exception therein at 30 USC 612b to the uncommon mineral deposit
att located under the mining law of the lJnited States
12 Under the law of property respecting the mineral estate the United States of America is a
mere proprietor treated as any other individual
13 The Mining taw establishes a trust with consequent Defendant duties and obligation
14 The acceptance of which Trust and property the Relator shall have and holds privately or
exclusively as against third parties and the United States
15 Upon the location of the Orion the United States maintains mere Paramount Title4
identifying existence of the Trust for purpose of administering the grant for such things as fraudquo
a Only the naked legal title remains in the government in trust for the
11
applicant in whom are vested all the rights and obligations of ownership Benson
Mining Smelting Co v Alta Mining Smelting Co 145 US 428 12 SCt 877Imo
36 IEd 762 1892
16 The Paramount Title is evidence of the ongoing fiduciary duty to the people of the United
States of America and to the Relator Ed Needles privately
17 The fraudulent complaint Defendant tiled December I 2009 in the District Court did neversol
invoke a criminal jurisdiction or lawful prosecution
18 The relationship of the Relator to the Defendant as a matter of law prohibits the filing of a
criminal complaint relating to Relators lawful claim the development of which is granted19
19 Both the initial issued sentence of September 27 2010 and the amended issued sentence of
October 21 2010 by the District Court Judge are void for lack of either or any
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111 a subject matter authority
b personal jurisdiction
c venue
144 d statutory jurisdictional guidanceapi
20 Because ofthe unique and special relationship of the Relator and Delendant the purportedof
Sentence issued of a court incompetent of both civil and criminal jurisdiction
21 The Relator did riot challenge or expect this court to alleet a lawful decision of the district
court but to assert lawful jurisdiction over a fraudulent representation of court authority
rn 22 The void sentence is being used by the Defendant as a color of law warrant further wrongly
depriving the Relator exclusive possession and enjoyment contrary to the terms of the Grant
working to the destruction of the estate
23 The Relator under the etxreive force of the United States has removed mining incident
improvements and investment from the Orion which wrongly interferes and unlawfully takes the
granted vested exclusive possession enjoyment and ability to develop the granted properly
Oa24 the United States Court of Appeals for the Ninth Circuit does not have jurisdiction over the
matter on appeal the subject matter of the void Sentence issued by the District Court
25 The United States Court of Appeals for the Ninth Circuit without issuing to the Relator an
order overturning the districts court order that Relator was to proceed Pro Se on appeal or
giving him notice of hearing that the court was to appoint a legal guardian on or before
November 19 2010 did appoint a public defender as stated in the Ninth Circuit Order filed Jan 7
2011
26 The United States Court of Appeals for the Ninth Circuit after notice of bar complaint
against US Agency Terry R Kolkey continues the prejudicial representational imposition
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Alt assigning a master over Relators property and Relator as slave to thc Defendantsagenttit
unlawfully taking Relators fight to control his possession or unlawfully taking his prevailing
status as grantee or unlawfully taking protections required to a Beneficiary
27 US Agency Public Defender Terry R Kolkcy has yet to meaningfully communicate during
this wrongful occupation and enslavement of Relator by the Defendant further confirming the
official theft
28 The Defendant US Agency Kolkey must be arrested prior to his filing a brief on appeal
rescheduled for May 26 2011which would imply Relator consents as well as to any Defendant
imposed representation of the Relator over his private property
C Of the Property Unlawfully Taken
1 The Relator is at once and maintains the property in being a Mineral Estate Grantee and
Beneficiary of a Trust and property Lila Trust established by the Defendant lInited States of
America
2 Mining claims in mining law terminology are vested possessory rights which are recognized
as interests in real estate ithey are not merely assertions of rights as claims are in the more
common sense of the word
3 The grantor upon the acceptance by Relator of the offer by the terms of the irant received
adequate compensation of the conveyed exclusively disposed valuable mineral deposit property
4 The granted mineral estate property exclusive possessed by the Relator is private property
5 All of the equipment and materials stored on the Orion site have been or are incidenial to
mining
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6 A patent does not merely pass title like a deed but operates as an Alicia declaration of titleimi
which is with limited exceptions unassailable and not rebuttable Relatorsproperly is as
patent
7 The Orion is properly in the highest sense and enjoys as patent protection under the Fifth
Amendment to the Constitution for the United States ofAmerica
8 The Rights in the intangible Property whether viewed as Grantee or Beneficiary such as the
i right to exclude so universally held to be a fundamental element of the property right falls411
within this category of interests that the Government cannot take without compensation enjoys
protection from unlawful taking as any other property under the 5h Amendment
4 9 Pursuant to the Mining Law grant the Relator by expressed contract shall have the exclusive
right cifpossesvion and enjoyment refall the surface included within the lines oftheir locutions
10 The rights and protections and associated trustee obligations appurtenant the Trust
established in the acceptance of the grant disposal of Congress is a property private to the
Relator
11 State law declares the Orion a public and beneficial use
12 There is no fraud upon the Trust or Property of the trust in locating or possessing the Orion
or in its development committed by Ed Needles
13 The Relator was in peaceful exclusive possession and enjoyment of the Orion including theism
entire surface within the limits of the claim up until the wrongful trespass by the Agency
Department of Justiceit
I4TThe Relator has and holds granted Property the Location and rights against which the
Defendant grantor conveyed away and may not act or retake
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15 The owner of such a location is entitled to the exclusive possession and enjoyment againsteveryone including the United States itself 39
4111 16 Where there is a valid location ofa mining claim the area becomes segregated from thepublic domain and the property of the locator He may sell it mortgage it or part with thewhole or any portion of it as he may see 13140
hag
17 He is entitled to the most plenary and summary remedies for quieting his claimcognizable in equity41
tr18 As was said by the supreme court ofOregon42 the general government itself cannot
vt abridge the rights of the miner
19There are equitable circumstances binding upon the conscience of the governmentalproprietor that MUM never be disregarded Rights have become vested that cannot bedivested without the violation of all the principles of justice and reason43
20The same fundamental rules of right and justice govern nations municipalitiescorporations and individuals44The government may not destroy the locatorsrights bywithdrawing the land from entry or placing it in a state of rcscrvation45
39 McFetcrs v Pierson 15 Colo 201 22 Am St Rep 388 24 Pac 1076 1077 Gold Hill Q M Co v Ish 5 Or104 11 Mort Min Rep 635 Seymour v Fisher 16 Colo 188 27 Pac 240 244 Reed v Munn 148 Fed 737 75780 CCA215
40 Sr Louis M M Co v Montana Limited 171 XJ S 650 655 19 Sup Ct Rep 61 43 L cd 32041 Gillis v Downey 85 IFed 483 488 29 C C A 28642 Gold Hill Q M Co v lsh 5 Or 104 11 Morr Min Rep 63543 To the same effect see Merced M Cu v Fremont 7 Cal 317 327 68 Am Dec 262 7 Morr Min Rep 313Conger v Weaver 6 Cal 548 557 65 Am Dec 52844 United States v Northern Pac R R 95 Fed 864 880 37 C C A 290
45 Military and National Park Reservations Opinion Assistant Attorney General 25 L D 48 Instructions 32 L D187
21 The United States can undoubtedly grant easements and other limited rights in any portion
of the public lands and subsequent purchasers must take them burdened with such easements or
i11 other rights hut when it has once disposed of its entire estate in the lands to one party it can
afterwards no more burden it with other rights than any other proprietor of lands Mining
Debris Case 9 Sawy 493 18 Fed Rep 753 The defendant acquired no rights in the premises in0
question under the section cited or any other statute of the United States brought to the notice of
the court as against the prior grant under which the plaintiffholds The result is that there
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must be a judgment for plaintiff and it is so ordered Amador Mcdean Gold Min Co V SouthSpringHill Gold Min Co 1888
a
i 22 The grant of Property vesting authority and jurisdiction taken unlawfully an uncompensated
divestment and the trust relationship thereby breached is an irreparable harm to Relator
a Linder the existing mining statutes the title to a mining claim does not rest entirelyon possession but it crests upon a statutory grant Uscamp v Crystal River Min Co 1893 58Fed 293 296 7C C A 233
af
b A grant in its own nature amounts to an extinguishment of the right of the grantorand implies a contract not to reassert that right A party is therefore always estopped by hisown grant Fletcher vPeck 10 US 87 1810
c unless there were other provisions restraining the words of present grant the grantsfit uniformly were held to be in praesenti in the sense that the title although imperfect before
the identification of the lands became perfect when the identification was effected and byrelation took effect as of the date of the granting act except as to the tracts failing within theexcluding provision St Paul Pacific R R Co v Northern Pacific R R
Leavenworth Lawrence Galveston RR Co v United States 1875
d By the terms of this section the locator of a mining claim has a possessory titlethereto and the right to the exclusive possession and enjoyment thereof and this exclusivepossession and enjoyment includes the right to work the claim to extract the mineraltherefrom the right to the exclusive property in such mineral as well as the right to defendhis possession Belk v Meagher 18 3 illont 65 78
e The term occupation as used in this section of the statute is equivalent topossession and the right to locate is included in the right to occupy and incident to alocation is the right of possession 7rbbitts v Ah Tong 1883 2 Pal 759 4 Mont 536 539
f Federal mining claims are private propertyFreese v linitedSlutes639 F2d 754 757 226 CtC1 252 cert denied 454 US 827 02 SCt119 70 L Ed 2d 103 1981 Oil Shale Corp v Morton 370bSupp 1 fin 124 D Colo 1973
g but so long as he complies with the provisions of the mining laws his possessoryright for all practical purposes of ownership is as good as though secured by patent
Wilbur v US ex rel l4rushnic 1930 50 S Ct 103 280 US 306 74 L M 445
mh Such an interest may be asserted against the United States as well as against
third parties see I3est v Humboldt Placer Mining Co 371 US 334 336 1963 Gwillim vDonncllan 115 US 45 50 1885 and may not be taken from the claimant by the UnitedStates without due compensation See United States v North American Transportation
Jog Trading co 253 11S 330 1920 cf Best v Humboldt Placer Mining Co supra
sR 15 Of 31
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rir
23 The granted mineral estate of the Relator and the development thereof is of national securitydlf
and defense interest of immense national irnportance4
IV For Any of These Causes of Action
CAUSE I Unlawful Takings under color of authority contrary to law
ai The facts previously declared incorporated here ownership and right of possession is vested in
the Relator having and holding as a matter of law as patens who shall have the exclusive
right ofpossession and enjoyment al ctll the surface included within the lines of their locations
of the valuable mineral deposit claim known as the hereafter Orion on or about December 1
2009 the Defendant wrongly entering therein or thereupon whether by constructive or actualri
or physical trespass committed an unlawfully taking and wrongly reasserted title possession and
control thereto or thereof to the irreparable harm of the Relator the ongoing Damages yet to be
fully determinedoat
CAUSE 2 Unlawful Takings Breach of Duty and Care Owed The Cranlee Beneficiary
aii The facts previously declared incorporated here on or about December 1 2009 at the United
States District Court for the District of Oregon the United States by and through agency the
Department of Justice wrongly filed a complaint in the district court contrary to law and the duty
and care owed a beneficiary of a grant of Congress harming the grantee Relator irreparably the
ongoing Damages yet to be fully determined
t
CAUSE 3 Unlawful Takings Trespass by Fiduciary upon the Trust
The facts previously declared incorporated here on or about December 1 2009 the United States
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Case111cv00241CCM Document 4 Filed 051111 Page 17 of 31
ofAmerica hereinafter USA whether or not by and through United States Agency breached its
fiduciary obligations as Tnistee of the Trust established in the Act of Congress 1866 irreparably
harming the rights and obligations of ownership of the Relator the ongoing Damages yet to be
fully determinedam
Ira
CAUSE 4 Unlawful Takings Trespass by Fiduciary upon the Property of thc Trust
rra The facts previously declared incorporated here on or about December 1 2009 the USAair
whether or not by and through United States Agency unlawfully infringed upon the Trust
without due process or compensation in violation of the Constitution for the United States of
America unlawfully taking Property of the Trust irreparably harming the rights and obligations
of ownership of the Relator the ongoing Damages yet to be fully determined
CAUSE 5 Unlawful Takings Trespass and Breach of Trust by Fiduciary
The facts previously declared incorporated here on or about December 1 2009 The Unitedioa
States by and through agency unlawfully attacked thc beneficiary to the trust under color of law
contrary to law unlawfully taking and encumbering the mining title to the property of the Trustvia
granted to Relator to his irreparable harm the ongoing Damages yet to be fully determinedtari
CAUSE 6 Unlawful Takings of Livelihood Granted
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency unlawfully take the livelihood guaranteed and required b yf
Defendantsgrant irreparably harming Relator the ongoing Damages yet to be determined
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CAUSE 7 Unlawful Takings Trespass and Breach of Fiduciary Duty by Forest Service
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency by the fraud of omission to disclose the limit of Forest Service
authority that ilt did not extend to regulating Defendantgranted and conveyed exclusively
possessed property and appurtenant rights and obligations committed an unlawfully taking of
the authority and jurisdiction granted in the Mining Law to the Relator by his acceptance and
fulfillment of the terms of the grant to his irreparable hamt the ongoing Damages yet to he fully
determined
mai
CAUSE 8 Unlawful Takings Trespass Breach of Fiduciary Duty Department of Justice
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency the Department of Justice initiated a wrongful trespass through
the filing of a criminal complaint against the Relator a grantee of defendant and unlawfully took
the peaceful exclusive possession and enjoyment of the Orion including the entire surface within
the limits of the claim harming the Relator irreparably the ongoing Damages yet to he fully
determined
pm
CAUSE 9 Unlawful Trespass and Takings by Fraud
The facts previously declared incorporated here on or about December 1 2009 The United
of States by and through agency the Department ofJustice committed an unlawful takings through
the filing of a fraudulently complaint east as a criminal statutory and regulatory violation 16ggi
USC 551 and 36 ER 261 which disguised Defendantsevasion of a breach of trust and trespass
up takings of exclusively possessed or private property of the Relator to his irreparable harm the
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ongoing Daunages yet to be fully determined
Cause 10 Unlawful Takings Waste
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency in its various wrongful commissions or omissions herein described
fully incorporated here the Defendant commits waste contrary to the intention of Congress by
unlawfully taking the land from production taking also my livelihood the obligation intended in
the grant and investments irreparably harming the Relator the ongoing Damages yet to be fullya determined
ai
CAUSE 11 Unlawful Takings Beneficiary Security Malicious Prosecution
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency Department oIJusticc in tiling a criminal complaint in the District
Court committed a fiduciary breach or malicious prosecution against the Relator beneficiary and
the Crust unlawfully taking appurtenant property and rights in particular the good name andgip
wie reputation of the Rellator to his irreparable harm the ongoing Damages yet to be fully
determined
CAUSE 12 Unlawful Takings Grantor Divestment By Official Oppression
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency unlawfully takes Relatorsright to protect and control his
exclusive possession and prevailing status as grantee removing protections required to the
Beneficiary whether Or not as a scheme or artifice to divest the Relator of his granted Propertyerr
1 19 Cif 31
PIN
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NMI44011 har
Case111cv00241CCM Document 4 Filed 051111 Page 20 of 31441
CAUSE 13 Unlawful Takings Conversion Wrongful Severance After Grant Conveyance
The facts previously declared incorporated here on or about December 1 2009 flie Unitedogi
States by and through agency the wrongful acts herein stated committed a trespass and wrongful
constructive then wrongful actual partition or severance between the servient estate and the
dominant estate to the benefit and unjust enrichment of the Grantor USA by its trustees
Defendant contrary to the express terms of the Grant the Trust andwhat the Relator agreed to in
acceptance thereof irreparably harming the Relator the ongoing Damages yet to be fully
detennined
CAUSE 11 Unlawful Takings Lawful Status Lawfully Conducted
The facts previously declared incorporated here on or about December 1 2009 The United
States by and through agency wrongly created the Relator to be a trespasser on his on
exclusively held property including the entire surface within the limits of the claims contrary to
the Grant of the Defendant irreparably harming the Relator the ongoing Damages yet to be fully
determined
111
CA USF 15 Unlawful Takings of Accepted Expectations orConfidence in Defendant
The facts previously declared incorporated here on or about December I 2009 The United
States by and through agency wrongly filing a complaint in the District Court as a criminal
114 prosecution the Defendant committed a fiduciary breach of trust unlawfully taking associated
expectations or of confidence irreparably harming the Relator the ongoing Damages yet to be
fully determined
rR 20 Of 31
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 21 of 31
CAUSE 16 Unlawful Takings Trespass Breach of Fiduciary Duty District Court JudgeA
The facts previously declared incorporated here on or about December 15 2009 The United
it States by and through agency Judge Mossman District Court of the District of Oregon
committed an unlawfully takings perfecting divestmentofexclusive possession title and musttai
contrary to law to the Relators irreparable harm the ongoing Damages yet to be fully
qtr determined
foo
CAUSE 17 Unlawful Takings Trespass Breach of Fiduciary Duty District Court Judge
The facts previously dleclared incorporated here on or about December 15 2009 Thelinited
States by and through agency Judge Mossman United States District Court for the District of
Oregon the subject matter of a non fraudulent complaint by USA grantor regarding the grantee
Relator and his granted property the failure of the fiduciary duty to dismiss or transfer the case
to the competent court of jurisdiction after repeated notice committed a breach of the implied
and expressed terms of the Grant accepted by the Relator and of federal judicial jurisdictionAit
statutes committed an unlawful takings of private Property without found jurisdiction or
authority to the Relatorsirreparable harm the ongoing Damages yet to be fully determined
miaCAUSE 18 Unlawful Taking of the Land Granted by Defendant
The facts previously declared incorporated here on or about December 15 2009 The United
States by and through agency the district court judge committed an unlawfully takings of the
Property of Relator without jurisdiction or authority by vesting any authority and jurisdiction in
the Defendant irreparably harming Relator the ongoing Damages yet to be determined
21 Of 31
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 22 of 31
1
CAUSE 19 Unlawful Taking Granted Authority and Jurisdiction
The facts previously declared incorporated here on or about December 15 2009 The United
States by and through agency the Grantorsagent the District Court Judge without found
authority or jurisdiction after challenge for such declaration EXHIBIT VIII 1 a 1 b wrongly
conveyed authority or Jurisdiction over the disposed property back to the Grantor through thea
ai unlawful takings instigator Forest Service without due process of law or compensation and
111 contrary to law irreparably harming Relator the ongoing Damages yet to be determined
CAUSF 20 Unlawful Takings Expectation of the Honest Administration of Government
The facts previously declared incorporated here on or about December 15 2009 The Unitedail
States by and through agency unlawfully took the expectation of the honest administration of
government from the Relator to his irreparable harm the ongoing Damages yet to be fully
determined
CAUSE 21 Unlawful Taking Conversion of the Property of the Grantee
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency upon Sentence and the terms therein the District Court judge
unlawfully took the tested property of the trust conveyed by grant acceptance of Relators good
faith acceptance of the terms of the grant through complete compliance and purchase and
wrongly gave to the unjust enrichment of the Defendant
22 Of 31
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Case 111cv00241 CCM Document 4 Filed 051111 Page 23 of 31
CAUSE 22 Unlawful Takings Wrongful Coercive Force Divesting a Grantee
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency the Relator under the wrongful coercion and threatened continued
force of The United States has involuntarily removed mining incident improvements and
development from the Orion wrongly interfering and unlawfully taking the granted vested
it exclusive possession and enjoyment of the land outright the ability to develop the granted
property irreparably harming the Relator the ongoing Damages yet to be fully determinedill
wCAUSE 23 Unlawful faking of Granted Occupancy and The Evidence of Occupancy
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency the unlawful taking through Trustee breach of the property of
Occupancy and the evidence of Occupancy causing a loss of that expressly granted Property
contrary to law irreparably harming the Relator the ongoing Damages yet to be fully determined
CAUSE 24 Unlawful Takings in the nature of a Conspiracy Dereliction of Duty
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency each respective trustee though having the duty knowingly and
willfully tailed to arrest the predicate breach before them irreparably harming the Relator the
ongoing Damages yet to be fully determined
we
m
CAUSE 25 Unlawful Takings Usurpation of Authorityr
The facts previously declared incorporated here on or about November 19 2010 The United
States by and through agency United States Court ofAppeals For the Ninth Circuit has
23 Of 31iiYi
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 24 of 31
committed a takings of rights and property required under the Constitution for the United States
ofAmerica by assigning US Agency Terry R Kolkcy who by his own admission isP
incompetent in the specialty in mining law to represent the Relator irreparably harming the
ow Relator the ongoing Damages yet to be determined1
CAUSE 26 Unlawful Takings Trespass on the Case
The facts previously declared incorporated here on or about November 19 2010 The Unitedrr
States by and through agency the Defendant US Agent Kolkey commits Trespass on the Case
to for purpose of Mastery of a granted property in aid of the unjust enrichment to the Defendant to
the irreparable harm of the Relator the ongoing Damage yet to be determinedr
CAUSE 27 Unlawful Takings by Wrongful Abduction Occupation and Enslavement
The facts previously declared incorporated here on or about March 9 2011 The 1 Jnited Statesii
by and through agency an abduction or occupation is furthered by US Agency Terry R Kolkcy
without meaningfully communication during this involuntary enslavement of Relator chained
down in the hold of the Ship of State by the Defendant irreparably harming Relator the ongoingit
op Damage yet to be fully determined
CAUSE 28 Unlawful Takings Usurpation by Agency Forcing Unlawful Peonage
The facts previously declared incorporated here on or about March 9 2011 The United States
by and through agency such as United States Court of Appeals for the Ninth Circuit has in
callous disregard of the needs of the Relator after notice of bar complaint against US Agency
Kolkey for found incompetence continues the prejudicial representational imposition assigning aiY
24Of31
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 25 of 31
Master over and involuntarily upon Relatorsproperty over his objection and of Relator himselfii
an indentured slave to DefendantsAgency knowing unjust enrichment irreparably harming
Relator the ongoing Damages yet to be fully determine
CAUSE 29 Unlawful Takings Fraudulent Representation
The facts previously declared incorporated here on or about March 9 2011 The United States
by and through agency the Defendant US Agent Kolkey must be arrested prior to filing a brief
on appeal scheduled on May 26 2011 as well as any Defendant imposed representation of the
Relator over his private property being the tiling will take from the Relator his right to vv ithhold
his consent in protection of his Status and property to the irreparable harm of the Relator the
ongoing Damaged yet to be determined
vo
rri
Cause 30 Unlawfull Takings Nation Security and Defense 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency trustees have by each their acts of omissions to act whether or notIN
in concert whether or not through extortion have unlawfully taken the piece of the Nations
security and defense the Relator would have contributed but for the trespass and dereliction of
duty of the Defendant to the harm of society and the Relator
For Wrongful Criminal Sentence 28 USC 1495
CAUSE 31 Unlawful Takings Compensation 28 USC 1495
u The facts previously declared incorporated here on or about September 27 2010 The United
25 Of 31
Case 111cv00241 CCM Document 4 Filed 051111 Page 26 of 31
4 Stales by and through agency Wrongful Sentence of the District Court the Sentence was void of
jurisdiction and Authority wrongful at its issuance irreparably harming the Relator the ongoingqui
Damages yet to be determined
it
CAUSE 32 Unlawful Takings of Improvements or Investments 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency Wrongful Sentence of the District Court even if valid wrongly
and in breach of the terms of the grant contract orders removal of the improvements and
investments made for the claim and wrongly infringes upon Relatorsobligation to prove his
work 11tc work forming payment upon the terms of the contract grant constituting two
infringements the taking of the improvement and taking of the evidence the improvements
performed to continue qualification of the terms of the asPe y patent grant irreparably harming the1
Relator the ongoing Damages yet to be fully determined
CAUSE 33 Unlawful Takings of Enjoyment 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and througlh agency the Wrongful Sentence if valid penalized the Relator to money
damages for doing just what Congress granted and authorized Relator has lawful right to do
irreparably harming the Relator the ongoing Damages yet to be fully determined
1
CAUSE 34 Unlawful Takings Through Extortion for Unjust Enrichemcnt 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency the wrongful Sentence of the Defendant is wrongly used to
26 of 31rl
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Case 111cv00241 CCM Document 4 Filed 051111 Page 27 of 319i
P wrongly take property granted to the Relator by Act of Congress or the Mining Law to the unjust
enrichment of the Defendant
4
triri
CAUSE 35 Unlawful Takings by Fiduciary Breach 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency the District court judge by the wrongful sentence in breach of his
fiduciary duty trespassed upon and unlawfully took granted and conveyed Tntst property
Relationship private property rights investment and obligations in breach of the rant
irreparably harming tlhe Relator the ongoing Damages yet to be fully determined
Cause 36 Unlawful Takings for Waste 28 USC 1495
The facts previously declared incorporated here on or about September 27 2010 The United
States by and through agency the Wrongful Sentence of the Defendant commits wa41e contrary
to the intention of Congress by unlawfully taking the land from production taking also myit livelihood the obligation intended in the grant irreparably harming the Relator the ongoing
Damages yet to be fully determined
1
V To This Relief
711 Recovery of the Possession of Authority and Jurisdiction of All Granted Property
Statement Facts of Harms
1 The Defendant Grantor wrongly claims adverse to its grant and claiming adverse to the
lawfully possessed Relator Grantee remedy is demanded in the nature of ejectment or otherwise
27 Of 31
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 28 of 31
J of Defendant in trespass by and through any and all permutation upon its grant and the propertyall
conveyed thereby
iM 2 The breach is to the irreparable harm of the Relator causing damages the full measure of
which being ongoing is yet to be determined
3 The breach of the trust the honor of the United States of America may be immeasurable
4 The Defendantsobstruction of wealth and right of Relator in relation to the Orion Ore is
estimated to be in the millions of Troy ounces in gold worth Billions of Dollars
5 The trespasses described herein of the Trust and Private Orion Property is an irreparable harm
6 In tiling the December I 2009 complaint the Defendant committed an unlawful takings of the
right to the exclusive use of the property granted by the Defendant
7 The value of these harms is in part incalculable al this time and being these are ongoing have
taken or are irreparably diminishing or unlawfully raking the value reasonably estimated to be
worth billions of Dollars in Gold by at least unlawful obstruction and interference in trespass of
the expressed or implied terms of the Grant and mineral estate property
8 In cases of trespass nominal damages are presumed and that the taking was willful
9 The grantor upon the acceptance of the offer by the terms of the grant received adequate
compensation entitling the Relator to demand specific perfommnce of the agent of the Grantorito
the Court of Federal Claims
10 Some ofthe Harms due to the unlawful taking of the Property of occupancy the Property of
Livelihood the property of the protection the evidence of occupancy affords the Property ofa
peaceful enjoyment and the property right of protection through conspicuous presence The
it unlawful Taking through Trustee breach of the property of Occupancy causing a loss of that
expressly granted property contrary to lawrfli
28Of31
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Case 111 cv00241 CCM Document 4 Filed 051111 Page 29 of 31
T IV Requiring Remedy
a Based on the foregoing 1 demand this Court issue
71 A writ of prohibition in finding the district court had no jurisdiction in Case NO CR 09476
1 MO the Court oIAppcals therefore maintaining no appellate jurisdiction that upon such
other findings that this matter against the Relator was in fact a breach of contract or grant of Act
of Congress a matter within the exclusive jurisdiction for this Court and not as recast a criminal
statutory or regulatory violation the US Court of Appeals for the Ninth Circuit he ordered to
cease and desist or refrain from proceeding upon the Case No 1030300od
2 Writs of mandamus ordering and being that each court has acted without actual awful
authority to deprive the Relator of my granted property an issue of which would have beenrr
within the exclusive purview of this Court
A that the case on appeal shall be transferred immediately by the Ninth Circuit
Court of Appeals to this Court for proper and lawful disposition
B further ordering that District Court judge Mossman shall vacate his judgment
and sentence for want of authority or jurisdiction
C the record of which may aid the Relator in remedy ordering that the District
Court clerk shall transmit a true copy of the entire record of Case NO CR 09
4761 MO to the Relator immediately
ire
29 Of 31
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Case111cv00241CCM Document 4 Filed 051111 Page 30 of 31
D ordering the clerk of the Ninth Circuit Court of Appeals shall transmit a true
copy of the entire record of Case No 1030300 to the Relator
11 3 Ordering further that the Relator has leave for remedy in this Court in relief of the unlawful
takings countering the wrongful complaint of the Jovernment
4 Ordering the defendants show cause why the original Complaint of the United States shall not
be dismissed with prejudice
5 Further ordering the United States to show cause how it would not breach the trust once again
to assert other than that the original complaint of the United States was not in tort breachPm
6 And further ordering such relief as this Court deems just as explained in attachment to make
the Relator whole until as may be advised by the Relator
7 Order of injunction
111
A The courtappointed attorney Terry R Kolkey be necessarily enjoined from representation in
this matter due to incompetence or that to impose any representation would be contrary to the110
laws oldie United States
vf14id 8 That this Court order US Agency Terry R Kolkey to show cause why he should not be
prosecuted by United States Government with a professional violation and of fraud for
30 Of 31
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Case 11111cv00241CCM Document 4 Filed 051111 Page 31 of 31
representing He is competent to defend people such as the Relator in the specialty of mining
law and how He did not fail his fiduciary duty to communicate with his client or to withdraw
his status as a competent court officer from the Rolls of the Court of Appeals
8 Such other and further relief such as in the nature of costs as this Court deems appropriate
May 2011
Ed Needles
Relator Mineral Estate Grantee In Own Right unrepresented
217 N Johnson St Fnntland Idaho 8361915412161134
nt
SEAL
DANIELL PIPNENNOTARY POMO OREGON
171 OOMMISSION NO 4256111111 MY 001aNSSION EXPIRES FESRUARY 4
at
Sworn to before me and subscribed in my presence this day of May 9 2011
Certificate ofNONService Pending Guidance of the Court
based upon the order of this court I certify I did NOT serve this Petition For Writ of Prohibition
For Writs of Mandamus and Injunction Affidavit On the Defendant pending guidance by the
court on to where to send a copy and upon whom
May 2011
Ed Needles
Relator Mineral Estate Grantee In Own Right unrepresented
217 N Johnson Si Fruitland Idaho 8361915412161134
31 0f31
tie
X0173 T
PFG PROPOSAL
DRAFT
Purpose
TO run our stations in cornpliance with FCC regulations and our currentcontract with Charter
Corrections needed
Immediately stop using PFG money for contracted servicesPEG channels were for the public schools and governments to haveaccess to cable television stations by providing funds for capitalexpenditures of equipment and facilities not operating expenses
We have an opportunity to correct this by
Paying for these services out of the collected franchise money or
Utilizing Community Access Producers to direct air and rebroadcastprogramming on our government channel
This would be a huge savings to the county approximately900000 per quarter
Community Access Producers have proven that they can produce qualityshows have them lave streamed to the best ofITsability and thenrebroadcast them all at no charge to the county
They have even provided programming of advisory boards and specialmeetings that were not possible in the past
There is no reason why Community Access Producers could not do all thebroadcasts from the Anne Basker including the WBS Planning CouncilsTown Halls ete
The consistency and variety of local programming of Josephine County isneeded not the endless old replays of Ashland and Medford shows
The more local programming on our government channel the better will be thetransparency and accountability of our government and the publics access toimeaningful information
Consequently the PEG money could legitimately be used to upgrade the current old andunreliable equipment In the first two years alone there would be more than enoughmoney to buy
Audio system for auditorium
DVD recorders
Programming computer for control roomConference room set up for live broadcasts
Cable Tricaster Camcorder Audio systemPublic Access Field Producers equipment that actually works
Camcorders computers lights audio mixer
We also need solitary broadcast control of our stations
Current vendor is not complying with the non commercial not forprofit clause inour contract with Charter or FCC guidelines Ultimately the County is liable
RVTV is selling airtime playing infomercials and promoting the sale ofreal estate with a local company
Also they should not be using our station to make money especially whenthey cannot possibly fulfill both contracts with the City and Countysimultaneously
To Board of Commissioners
From Leah C Harper Asst Legal CounselDate June 13 2002Re PEG Access Fees
OUTLINE OF POSSIBLE EXPENDITURES FOR PEG ACCESS FEES
Permissible Not Permissible
Equipment costs for PEG programming Staff time
Cameras and videoaudio equipmentFurniture set pieces signs backdrops Ongoing operating expenses
Programming CostsSpeaker costsRepairs for equipment
Facilities for PEG programming
Reasonable general and administrative overheadISS charges janitor buildingmaintenance
insurance etc
1
Subject to section 544d of this title a cable operator shall not exercise any editorial control overany public educational or governmental use of channel capacity provided pursuant to this sectionexcept a cable operator may refuse to transmit any public access program or portion of a publicaccess program which contains obscenity indecency or nudity
f Institutional network defined
For purposes of this section the teen institutional network means a communication networkwhich is constructed or operated by the cable operator and which is generally available only tosubscribers who are not residential subscribers
June 19 1934 ch 652 title VI Sec 611 as added Pub L 98 549 Sec 2 Oct 30 1984 98 Stat 2782Pub L104104 title V Sec 506aFeb 8 1996 110 Stat 136
Amendments
1996 Subsec e Pub L 104104 inserted before period at end except a cable operator may refuse totransmit any public access program or portion of a public access program which contains obscenityindecency or nudity
Effective Date
Section effective 60 days after Oct 30 1984 except where otherwise expressly provided see section 9aof Pub L 98 549 set out as a note under section 521 of this title
Regulations
Pub L 102 385 Sec 10c Oct 5 1992 106 Stat 1486 provided that Within 180 days following the
date of the enactment of this Act Oct 5 1992 the Federal Communications Commission shallpromulgate such regulations as may be necessary to enable a cable operator of a cable system to prohibitthe use on such system of any channel capacity of any public educational or governmental accessfacility for any programming which contains obscene material sexually explicit conduct or materialsoliciting or promoting unlawful conduct
Section Referred to in Other Sections
This section is referred to in sections 532 534 535 541 573 of this title
Josephine County
Summary Budget ComparisonF Commissioners
704 PEG Access Trust
151110 Commissioners Administration
From712009 Through6302010
Percent TotalAcct Account Total Budget 10 Budget RemainingType Code Account Title 11 Current Current Month YTD Acutal 10 11 Current
REV A Revenues
31100 Licenses Permits Fees 3500000 3649496 3649496 42735200 Interfund Subsidies 000 2080000 2080000 1000037100 Interest Earned 70000 78837 78837 1262
Total A Revenues 3570000 5808333 5808333 6270
B Beginning Fund Balance39900 Eeginning Fund Balance
i 2650000 2650500 2650500 10010
Total B Beginning Fund Balance 2650000 2650500 2650500 002
Total 6220000 8458833 8458833 3599REV
EXP D Materials and Services
43300 Operating Supplies 000 14499 14499 1000043770 Furniture Equipmen 855000 1092631 1092631 2779
5000
44001 Contract Services 3200000 3847850 3847850 202444040 Advertising 000 8160 8160 1000044100 Professional Service 500000 000 000 10000
44810 Building Operation Repair 65000 64169 64169 127
Maint
Total D Materials and Services 4620000 5027309 5027309 882
H Contingency48100 Contingency 160000Q 000 000 10000
Total H Contingency 1600000 000 000 10000
Total 6220000 5027309 5027309 1918
EXP
Total 151110 000 3431524 34 31524 10000Commissioners
Administration
Total 704 PEG 000 34315 24 3431524 10000Access Trust
Report Difference 000 3431524 3431524 10000
Date 6211 025118 PM LLBCC Page 1
Josephine CountySummary Budget Comparison
F Commissioners
704 PEG Access Trust
151110 Commissioners Administration
From712010 Through6302011
Percent TotalAcct Account Total Budget 10 Budget RemainingType Code Account Title 11 Current Current Month YTD Acutal 10 11 Current
REV A Revenues
31100 Licenses Permits Fees 3500000 3468249 3468249 090
37100 Interest Earned 70000 34544 34544 5065
Total A Revenues 3570000 3502793 3502793 188
B Beginning Fund Balance39900 Beginning Fund Balance 2650000 3431 3431600 2949
Total B Beginning Fund Balance 2650000 3431600 3431600 2949
Total 6220000 6934393 6934393 1149REV
EXP D Materials and Services
43770 Furniture Equipment 855000 000 000 10000
5000
44001 Contract Services 3200000 1814951 1814951 4328
44100 Frofessional Service 500000 000 0 00 10000
44810 E3uivding Operation Repair 65000 59400 59400 861
Maint
Total D Materials and Services 4620000 1874351 1874351 5943
H Contingency48100 Contingency 1600000 000 000 10000
Total H Contingency 1600000 000 000 10000
Total 6220000 18 743 51 1874351 6987
EXP
Total 151 10 000 5060042 5060042 10000Commissioners
Adrninistration
Total 704 PEG 000 5060042 5060042 10000Access Trust
Report Difference 000 5060042 5060042 10000
Date 6211 024745 PM LLBCC Page 1
C00010006 From RVTV Josephine County for January February March 2011
Public Access Training Unit Price Original
C302 Students Registered 0 1000 0
0314 Video on Demand 5660 660
Total Public Access 166000Meeti M Minutes Hours Total Minuteslvicciiu b
C292 JO County Live BOC Meeting 131 471 2000 1247 1 20833 259788
C292 JO County Planning Commission 11 40 000 40 20833 8333
C292JOCounty Land Use 2 13 300 193 1 20833 40208
C292 IX County Town Hall I 21 581 300 238i20833 49583
JO County Peg Special Meeting 1 22 100 82 20833 17083
JO County Administrative Session 12 45 2100 1305 20833 271871
Subtotal 31 22500 4800
TOTAL LIVE MINUTES 3105 646865
Meetings
Meetings Charged by Meetings New 3100 2500 77500
PLAYBACK of Government Programming
Repeats including three times each of Government Meetings Hours Total Repeats Rate
C292 Repeats 3 Replays 5175 15525 25 388125
Repeat for 1 Admistrative Sessio 3 Replays 195 585 25 14625
Channel Administration Programming Transmission
C292 Government Channel 14 13 Weeks x 125 per Week 162500
Public Channel 1 C 1 3 Weeks 5 1 2 5 p Week l 62500C302 YUDIIG Access Channel 1 J 13 vv no x w per
TOTAL Administration Programming Transmission 325000
TOTAL DUE for January February March 2011 1518115
PAGE 1
300313 Invoice
Southern Oregon UniversityAccount Receivable
1250 Siskiyou BoulevardAshland OR 975205048
Josephne County C00010006
FINANCE DEPARTMENT DEPT 4 09 MAY 2011
500 NW 6TH
GRANTS PASS OR 97526AMOUNT PAID
ITEM DATE DESCRIPTION CHARGES CREDITS
PREVIOUS BILLED BALANCE 889996
CURRENT CHARGES
22APR11 RVTV Q3 JO Video on Demand 66000
22 APR 11 RVTV Q3 JO Meeting 646865
22 APR 11 RVTV Q3 JO Meeting Fee 25 77500
22 APR 11 RVTV Q3 JO Replays 402750
22 APR 11 RVTV Q3 JO Govt Ch14 162500
22 APR 11 RVTV Q3 JO Public Ch 15 162500
TOTAL CHARGES 1518115
CURRENT CREDITS
07 MAR 11 Check Pvmt 191748 889996
TOTAL CREDITS 889996
SUMMARY OF ACCOUNT
Previously Billed 889996 Past Due 00
Total Charges 1518115 Future Due 00
Total Credits 889996 Minimum Due 1518115
Total Due 1518115 Due By 09 JUN 2011
RECEIVED
Please remit payments to the address above MAY 9 6 2011See reverse side for contact information
JOSEPHINE COUNTFINANCE DEPT
CONTRACT FOR SERVICES
by and betweenSOUTHERN OREGON UNIVERSITY and JOSEPHINE COUNTY OREGON
Amendment No 1
THIS AMENDMENT is made to the Contract for Services cablecasting dated February 23 2010 by andbetween Josephine County a political subdivision of the State of Oregon hereinafter County and the State of Oregon
by and through the Oregon State Board of Higher Education on behalf of SOUTHERN OREGON UNIVERSITY hereinafterContractor The parties agree as follows
A Section 51A is amended to read as follows
5 PAYMENT County shall pay Contractor as follows51 Amount of Payment
A Government Access Channel1 Scheduling and transmission 12500 per week2 Playbacks Three 3 playbacks of each program 2500 per hour3 Cable casting of government meetings At the rate of20833 per
minute of gavel togavel meeting time plus an additional 2500 permeeting that includes setup for each meeting same day playbackcourier services and three 3 DVD copies of each meeting
B Exhibit A Line Item Costs Josephine County RFP Cost Proposal Scope of Work No 6 is amended to read
6 Cablecast gavel togavel government meetingsAt the rate of20833 per minute of gavel togavel meeting time plus an additional 2500 permeeting that includes setup for each meeting sameday playback courier services and three 3DVD copies of each meeting
C AFFIRMATION Except as otherwise amended herein the Contract for Services between the parties datedFebruary 23 2010 remains in full force and effect as originally signed and is incorporated herein by reference
THE STATE OF OREGON acting by and JOSEPHINE COUNTY
Through the State Board of Higher Education BOARD OF COMMISSIONERS
On behalf of Southern Oregon Universityl 4
jC 710 Dwigh Ellis Chair
Craig MorrisC 2 GVice President of Finance Administration
S Cassanelli ViceChair
Dave Toler Commissioner
Datea
fosemary mutt CFO Date
v4lApproas to form
7CCounty Legal Counsel Date
Contract for Services Amendment 1 Page 1 of
Josephine County
Summary Budget Comparison704 PEG Access Trust
From412011 Through4302011
Total Budget Percent Total
Acct Account Total Budget 10 Variance 10 11 Bdget Used 10
Type Code Account Title Current Month YTD Actual 11 Current Current 11 Current
REV A Revenues
31100 Licenses Permits Fees 000 3468249 35000 00 31751 9909
37100 Interest Earned 2218 34544 70000 r35456 4934
Total A Revenues 2218 3502793 3570000 67207 9812
B Beginning Fund Balance39900 Beginning Fund Balance 000 3431600 2650000 781600 12949
Total B Beginning Fund Balance 000 3431600 2650000 781600 12949
Total 2218 6934393 6220000 714393 11149
REV
EXP D Materials and Services
43770 Furniture Equipment 000 000 855000 855000 000
5000
44001 Contract Services 000 1814951 3200000 1385049 5671
44100 Professional Service 000 000 500000 500000 000
44810 Building Operation Repair 5400 54000 65000 11000 8307
Maint
Total D Materials and Services 5400 1868951 4620000 2751049 40 45
H Contingency48100 Contingency 000 000 1600000 1600000 000
Total H Contingency 000 000 1600000 16000 00 000
Total 5400 1868951 6220000 4351049 3005
EXP
Total 704 PEG 3182 5065442 000 5065442 10000
Access Trust
Report Difference 3182 5065442 000 5065442 10000
Date51611 045808 PM 06G Budget SummaryFin Page 1
EADtcLrni C23
Josephine County OregonOFFICE OF LEGAL COUNSEL
Steven E Rich Legal CounselLeah C Harper Assistant Legal CounselJosephine County Courthouse Dept 13
500 NW 6 Street Grants Pass OR 97526541 4745226 FAX 541 4745223
MEMORANDUM
To Commissioner Dwight F Ellis
From Leah Harper Asst Legal Counsel
Date June 22 2011
Re Draft of proposed Code Enforcement Officer Ordinance
As you requested a couple of weeks ago attached please find a revised draft of the proposedordinance for a County Code Enforcement Officer I deleted all references to the authority toenter upon land and I also deleted all references to appearing before a Hearings Officer
As you may remember this ordinance was based on Jackson CountysOrdinance Since thelast draft I found some provisions in Yamhill Countyscode which are more detailed regardingbail provisions and payment of fines ie where the money goes so I made a few additionalchanges according to Yamhill Countysordinance The basic process however is the same asbefore
Please let me know if you have any questions or need any additional information
Josephine County is 17Equal Opportunitt Employer and complies with Section 504 of the Rehabilitation Act of 1973
DRAFTBEFORE THE BOARD OF JOSEPHINE COUNTY COMMISSIONERS
STATE OF OREGON
ORDINANCE NO 2006
AN ORDINANCE PROVIDING FOR AN OFFICER TO ENFORCE COUNTY ORDINANCES
THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY ORDAINS
SECTION 1 TITLE
This Ordinance shall be known as the Josephine County Code Enforcement Ordinance
SECTION 2 PURPOSE
The purpose of this ordinance is to provide a method and process for the enforcement of Countyordinances
SECTION 3 DEFINITIONS
31 County means Josephine County Oregon
32 Law Enforcement Officer means a duly sworn peace officer of the Oregon State Police theJosephine County SheriffsOffice Grants Pass Department of Public Safety
33 Offense means any conduct for which a fine or other penalty is provided by any law orordinance of the County or State
34 Ordinance means any duly enacted Ordinance of the Board of County Commissioners
35 Person means an individual association club corporation firm partnership political body orany other legal entity
36 Property includes real and personal property and any mixed and lesser estates or intereststherein
37 State means the State of Oregon
38 Violation means any act or failure to act by any person which is contrary to the requirements ofany County ordinance code rule regulation or other law applicable to Josephine County
SECTION 4 PROSECUTION JaCo 20301a
The Board of County Commissioners authorizes the County Counsel and any Assistant County Counselto act as prosecutor to prosecute violations of Josephine County Ordinances except where otherwisespecifically provided by law
SECTION 5 CODE ENFORCEMENT OFFICERS JaCo 20301b
51 Appointment The Board of County Commissioners may appoint appropriate persons as CodeEnforcement Officers to enforce Josephine County ordinances and codes in accordance with this
Code Enforcement Officer
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Ordinance
52 Identification The Board of County Commissioners shall issue adequate identification of dulyappointed Code Enforcement Officers Code Enforcement Officers shall carry their identificationand display it upon request or as appropriate in the performance of their duties
53 Authority and Duties Code Enforcement Officers shall have the authority to take such actions asmay be lawful and reasonably necessary for the enforcement of Josephine County Ordinancesand codes Code Enforcement Officers shall have the authority to investigate violations issuecitations serve notiices subpoenas and orders and perform all other acts reasonably necessaryfor the prosecution of violations of County Ordinances and codes
SECTION 6 ANIMAL CONTROL OFFICERS JaCo 20301dORS 6095001
61 Appointment The Board of County Commissioners may appoint appropriate persons as CountyAnimal Control Officers
62 Identification The Board of County Commissioners shall issue adequate identification of dulydesignated Animal Control Officers Animal Control Officers shall carry their identification anddisplay it upon request or as appropriate in the performance of their duties
63 Duties County Animal Control Officers shall have the same authority and duties as provided inSection 5 of this Ordinance In addition County Animal Control officers shall have all powers andduties authorized by State law to enforce state laws related to animal control
SECTION 7 WARNING NOTICES JaCo 20302
Before issuing a citation a Code Enforcement Officer may upon his or her sole discretion issue aWarning Notice of an alleged ordinance violation The Warning Notice shall provide a brief description ofthe alleged violation and shall be served upon the person accused of the offense The Warning Noticeshall identify the County department to contact regarding the violation the date the Warning Notice wasissued and a statement that failure to correct the alleged violation or to contact the appropriate Countydepartment may result in the issuance of a formal citation to the County Circuit Court The lack ofissuance of a Warning Notice prior to the issuance of a citation is no defense to a citation and theissuance of a Warning Notice does not limit the issuance of any subsequent citations charged on thesame facts
SECTION 8 CITATIONS REQUIRED FORM AND CONTENT JaCo 20303 YamCo 7
81 Except as otherwise provided by law a Code Enforcement Officer or law enforcement officer mayissue a Citation for violations of County ordinances and for any other violations which may becharged by the County as crimes or violations of law
82 The Citation shall consist of a Complaint and a Summons and shall be in the form required underORS Chapter 153
83 Any error in transcribing information into the blanks provided in the citation form whendetermined by the Court to be nonprejudicial to the defendantsdefense may be corrected at thetime of trial or prior to the time of trial after notice to the defendant
Code Enforcement Officer
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84 If a Complaint does not conform to the requirements of this Ordinance the Court may set asidethe Complaint upon motion before plea
85 The Court may amend a citation at its discretion in the interests of justice YamCo 73
SECTION 9 COMMENCEMENT OF ACTION FOR VIOLATIONS JaCo 203046
A Code Enforcement Officer or a law enforcement officer may issue a Citation for a violation of a Countyordinance or code committed at any location within the unincorporated area of the County for which theofficer has reasonable grounds to believe that such conduct constitutes a violation
SECTION 10 SERVICE OF CITATIONS JaCo20305
The Code Enforcement Officer or such other person authorized by Rule 7E of the Oregon Rules of CivilProcedure shall serve the Summons portion of the Citation personally on the person cited TheSummons may also be served in the same manner as prescribed for the service of summonses in Rule7D of the Oregon Rules of Civil Procedure
SECTION 11 APPEARANCE BY DEFENDANT YamCo 10
111 The defendant shall either appear in court at the time indicated in the summons or prior to thetime of hearing shall deliver to the Court the Summons a check or money order in the amount ofbail set forth on the summons and
A A request for hearing
B A statement of explanation in mitigation of the offence charged or
C The executed appearance waiver of hearing and plea of guilty appearing on thesummons
112 A written statement of explanation submitted by a defendant shall constitute a waiver of hearingand consent to judgment by the court and forfeiture of all or any part of the bail as determined bythe court
SECTION 12 EFFECT OF PLEA OF GUILTY OR NO CONTEST JaCo 20308
If the defendant enters a plea of guilty or no contest in accordance with Section 111C the plea shallconstitute a waiver of a trial and a consent to judgment by the Court and shall constitute a forfeiture of allor any part of the fine amount as may be determined by the Court
SECTION 13 NOTICE OF TRIAL YamCo 103
131 If the defendant requests a hearing the court shall fix a date and time for a hearing Unless thenotice is waived the court shall mail to defendant a notice of the date and time of the hearing
132 The notice shall
A Be in the form of a court Notice to Appear and contain a warning that if the defendantfails to appear the defendant may be charged with failure to appear a criminal offense ormay enter a judgment and conviction against the defendant with the maximum penalty
Code Enforcement Officer
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allowed by law and may make such other orders as necessary for the defendant tocorrect violations and comply with the law and
B Be sent to the defendant at the defendantslast known address by regular mail
SECTION 14 TRIAL DISCRETIONARY WITH COURT FINES JaCo 20310
141 If the defendant appears in the Circuit Court and does not request a trial the Court at itsdiscretion may direct that a trial be held or may enter the appropriate judgment
142 No fine shall be imposed which exceeds the amount required by the Citation unless thedefendant fails to appear pursuant to Section 15 below or unless a trial is held
SECTION 15 FAILURE TO APPEAR JaCo 20309 20311 YamCo 11
153 If a person cited and notified of a court appearance as provided in this ordinance fails to appearat either the original appearance noticed on the summons or at a subsequent hearing scheduledby the court
A The defendant shall forfeit any bail that has been posted on the citation If no bail or lessthan total bail has been posted the amount of bail not posted shall be entered as ajudgment against the defendant that can be collected by the court by any means specifiedin the Oregon Revised Statutes for collection of a judgment
B A complaint or information may be filed charging the defendant with failure to appear on acitation a Class A misdemeanor pursuant to ORS 153992 The complaint orinformation may be accompanied by a warrant for the arrest of the defendant
C The court may by order mailed to the defendant require the defendant to appear beforethe court at a time certain or
D The court may enter a judgment based on the complaint and any other evidence the Courtdeems appropriate Any judgment may include 1 Fines or penalties up to the maximumamount allowed by law 2 Order requiring the defendant to correct violations and complywith law arid 3 Any other costs or orders allowed by law
SECTION 16 PENDING ACTIONS AND PROCEEDINGS JaCo 20312
The adoption of this Ordinance shall not affect any proceeding pending in any court as of the date of theadoption of this Ordinance The adoption of this Ordinance shall not be construed as discontinuingabating or modifying any claim or penalty as affecting the liability of any person or as waiving any rightof the County
SECTION 17 DECISION NOT TO TAKE ENFORCEMENT ACTION JaCo 20315
The initiation of enforcement proceedings by a Code Enforcement Officer is permissive and notmandatory Decisions not to initiate prosecution or a civil action are discretionary in nature and shall bemade upon consideration of the severity of the alleged violation and the County staff time andresources necessary
Code Enforcement Officer
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SECTION 18 GENERAL PENALTIES FINES AND COURT COSTS COMPLICITY EQUITABLEREMEDIES JaCo 20299 20399 YamCo 12
181 General Penal Unless otherwise specified by ordinance all violations are designated Class Aviolations pursuant to ORS 153025
A Any individual firm or corporation whether as principal agent or employee who violatesany provision enforceable under this ordinance shall be punished upon conviction by afine of not more than that designated as a Class A violation for each separate violationAny individual firm or corporation whether as principal agent or employee who violatesany provision enforceable under this ordinance shall be punished upon conviction by afine of not more than that designated as a Class A violation per day for a continuingviolation Failure to comply with a provision enforceable under this ordinance may becounted as a separate offense for each day that non compliance continues
B Any fine or penalty required herein shall be in addition to any court costs fees chargesinterest insurance bail or bond requirement or equitable remedy allowed by State orCounty ordinance code rule regulation or other law
182 Bail The Board of County Commissioner may by order establish and modify schedules of bail forviolations enforceable under this ordinance
A Until modified by order of the Board bail shall be set at 150 for the first offense and 250for the second or any subsequent offense A second or subsequent offense is a violationof any law enforceable under his ordinance when the defendant has previously forfeitedbail or been found guilty of a provision of law enforceable under this ordinance
B A person accused of committing a violation enforceable under this Ordinance whorequests a trial must post bail unless expressly waived by the judge
183 Corporations A sentence to pay a fine for a violation committed by a corporation shall be in anamount not to exceed twice the fine established under this section
184 Unlawful Profit If a defendant has gained money or property through the commission of aviolation instead of sentencing the defendant to pay the fine under Section 182 the Court maysentence the defendant to pay an amount not to exceed twice the amount of the defendantsgainfrom the commission of the violation
A For purposes of this subsection the defendantsgain shall be the amount of moneyderived from or through the commission of the violation or the value of the property onwhich the violation was committed at the time of citation Value of the property meansthe fair market value of the property on which the violation was committed at the time ofcitation or if the fair market value cannot reasonably be ascertained the value of suchproperty as shown on the Countystax records
185 Complicity Any person who commits attempts to commit conspires to commit or aids or abetsin the commission of any act declared by any County ordinance or code to be a violation whetherindividually or in connection with another person or as principal agent or accessory shall beguilty of such violation Any person who falsely fraudulently forcibly or willfully induces causescoerces requires permits or directs another to violate any provision of any County ordinancecode rule or regulation shall likewise be guilty of such violation
Code Enforcement Officer
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186 Costs and Assessments
A Circuit Court Any fine imposed by the Court shall be adjusted for costs and assessmentspursuant to ORS Chapter 137 In accordance with ORS 2030654fines and costs shallbe paid to the clerk of the Circuit Court The clerk shall deduct the Court costs in theproceedings and pay the remainder to the treasurer of the County
187 Payment of Fines Any forfeiture of bail or payment of any fine issued under this Ordinance doesnot relieve the defendant from the responsibility of remedying the violation of County ordinance orcode
188 Suspended Fines A Court may suspend operation of any part of a judgment entered under thisordinance upon condition that the defendant pay the nonsuspended portion of a fine within aspecified period of time If the defendant fails to pay the nonsuspended portion of the fine withinthe specified period of time the suspended portion of the judgment shall become operativewithout further proceeding and the suspended portion of the fine shall become immediately dueand payable
189 Nuisance Abatement Any condition caused or permitted to exist in violation of any provision ofany County ordinance code rule regulation order or law shall be deemed to be a publicnuisance and may be abated by the County as provided by law The County Counsel or his orher designee may in addition to other remedies provided by law institute injunction mandamusor other appropriate proceedings to prevent or temporarily or permanently enjoin or abate theviolation or nuisance
SECTION 19 DISPOSITION OF FORFEITED BAIL AND FINES RECEIVED YamCo 13
In accordance with ORS 2030654fines and costs recovered and bail amounts forfeited shall be paidto the clerk of the circuit court The clerk shall deduct the court costs in the proceedings and pay theremainder to the treasurer of the county The treasurer shall then pay the fines to the department thathad enforcement authority over the violation
SECTION 19 SEVERABILITY OF PROVISIONS
If any section term or provision of this Ordinance is found by a Court of competent jurisdiction to beinvalid or unenforceable in any respect for any reason the validity and enforceability of the remainingsections terms or provisions of this Ordinance shall not be impaired
SECTION 20 EFFECTIVE DATE
First reading by the Board of County Commissioners this day of 20
Second reading and adoption by the Board of County Commissioners at least thirteen 13 days from thefirst reading this day of 20 This Ordinance shall take effect ninety 90days after its adoption by the Board of Commissioners
Dated this day of 20
JOSEPHINE COUNTYBOARD OF COMMISSIONERS
Code Enforcement Officer
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Chair
Vice Chair
CommissionerATTEST
Art Harvey County Clerk
Recording SecretaryAPPROVED AS TO FORM
County Legal Counsel
Code Enforcement Officer
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