Admin.pdf · THESE MINUTES WERE BOARD APPROVED ON 633i County Administration Meeting Thursday June...

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 2011 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



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



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



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



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


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


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


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


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


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


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


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


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


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



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

http uscodehousegovdownloadpls30C30txt 1252011

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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



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


End

CITE

30 USC Sec 1803 02012010

EXPCITE




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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


of 14

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


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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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


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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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


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



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


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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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


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



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


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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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



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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End

CITE

30 USC Sec 1809 02012010

EXPCITE



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



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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



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


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

1 2 Of 31

rrieaMrrrwwilrrwfl s s rrwaarara

Case 111cv00241 CCM Document 4 Filed 051111 Page 3 of 31ii

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

IN 6 0131

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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

8 Of 31

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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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111Case111cv00241CCM Document 4 Filed 051111 Page 10 of 31

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

it 10 Of 31


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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aoitz wsse t sawillsW4MYM971aridYliM11iNYrrwaYN icirsx40 tiiVigaiN4111W1011110MixsnKR


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

13 0131

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cowm49WitihiYiadYWitblaAl M41111P1MYirwLwsieiw11 i3iWwQrii3uVwawsicxsa


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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yamAw1wMrumM ww wlRn4kurianauMS1Mig1IW 160111iONarVIMIAK1Ml M4woouszsP wrrrrwwr v


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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MI


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


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


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


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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Case 111cv00241 CCM Document 4 Filed 051111 Page 19 of 31a

ongoing Daunages yet to be fully determined

Cause 10 Unlawful Takings Waste


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


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


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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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


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

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CAUSE 16 Unlawful Takings Trespass Breach of Fiduciary Duty District Court JudgeA


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


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

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1

CAUSE 19 Unlawful Taking Granted Authority and Jurisdiction


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

iYSYWAiaiSrr1allaila1611 100016iallAiirrN riM lwkmwrta


CAUSE 22 Unlawful Takings Wrongful Coercive Force Divesting a Grantee


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


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


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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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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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


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


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


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


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


States by and through agency the wrongful Sentence of the Defendant is wrongly used to

26 of 31rl

wailnnl1YWoYrMW11MWYN1i4Mv1f MWi1Mwr6rsrnMaiwlYZ iwrvrasnu w

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


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


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

sti

Y

wwawkuauauYeaYIMiIMIiiYlOktiifiyillWnwiMwrwrwiawwYrM


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

47WMMIdlaiii160i WlliiIIAI wpeCO iY eta tiwwe


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

aY

J


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

matisOMINSIONOftegiaguaniommtwisorWalfttabtaiNktaletighiONIV AWrottaodslifeddidWalies

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


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


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

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


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


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

Page 1 of 7June 2011 DRAFT

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



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



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



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



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



Chair

Vice Chair

CommissionerATTEST

Art Harvey County Clerk

Recording SecretaryAPPROVED AS TO FORM

County Legal Counsel



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