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  • Category Archives Presumed to be Constitutional
  • The SES Government of 7000 Strangers?

    The SES Government of 7000 Strangers?

    I am directing all questions,  to elected SENATORS JOHNSON, MCCAIN, PORTMAN, LANKFORD, ERNST, SASSE, CARPER, MCCASKILL, BALDWIN, HEITKAMP, AND PETERS PRESENT.

     As members of the Homeland Security and Governmental Affairs (HSGAC) Committee 

    THE 7000 SENIOR EXECUTIVE CAREER  OPERATIVES IN THE SENIOR EXECUTIVE SERVICE (SES) ARE NOT STRANGERS TO YOU.

    As Required by Public Law No: 114-136 (03/18/2016)

    THE OFFICE OF PERSONNEL AND MANAGEMENT (OPM) TO REPORT THE NUMBER, NAMES, TITLES, AND PAY OF ALL POLITICAL APPOINTEES WHO HAVE BEEN CONVERTED TO CAREER POSITIONS (SES) TO THE COMMITTEE ON OVERSIGHT & GOVERNMENT REFORM (OGR) AND THE HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE (HSGAC) ON A QUARTERLY BASIS.

    ————————————————————————

    YOU THE ELECTED REPRESENTATIVES IN THE U.S.GOVERNMENT, KNOW EXACTLY WHO THEY ARE, AND YOU KNOW EXACTLY WHAT THEY DO.

    A government of strangers: Executive politics in Washington

    H Heclo – 2011 – books.google.com

    HOW DO POLITICAL APPOINTEES TRY TO GAIN CONTROL OF THE WASHINGTON BUREAUCRACY?

     HOW DO HIGH-RANKING CAREER BUREAUCRATS TRY TO ENSURE ADMINISTRATIVE CONTINUITY?

    THE ANSWERS ARE SOUGHT IN THIS ANALYSIS OF THE RELATIONS BETWEEN APPOINTEES AND BUREAUCRATS that uses the participants’ own words to describe the imperatives they face and the strategies they adopt.


    SHIFTING ATTENTION AWAY FROM THE WELL-PUBLICIZED ACTIONS OF THE PRESIDENT
    , High Heclo

    Cited by 981 Related articles All 2 versions Cite Save More

    ——————————————————————————

    FEB 14, 2017 WHO’S LEAKING CLASSIFIED INFORMATION, THAT THREATENS NATIONAL SECURITY? SHIFTING ATTENTION AWAY FROM THE WELL-PUBLICIZED ACTIONS OF THE PRESIDENT?

    —————————————————————–

    Feb. 15, 2017 WIKILEAKED “AMAZING BATTLE FOR DOMINANCE IS PLAYING OUT BETWEEN THE ELECTED US GOVT & THE IC WHO CONSIDER THEMSELVES TO BE THE ‘PERMANENT GOVERNMENT’,” ASSANGE WROTE.

    —————————————————————————

    WHAT A MESS…

    THE ELECTED US GOVERNMENT, PRESIDENT TRUMP, MEMBERS OF THE HOUSE AND SENATE,

    THE INTELLIGENCE COMMUNITY (IC),THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS (HSGAC)  &

    THE IC WHO CONSIDER THEMSELVES TO BE THE ‘PERMANENT GOVERNMENT’

    ———————————————————————————–

    I do investigating reporting on my website.

    Concerned American Citizens send me tips, I received one the first week in Nov 2016, about a FOURTH SECRET POWER EMBEDDED in the US Government.

    WHAT THE HELL IS THE FOURTH SECRET POWER IN THE U.S. GOVERNMENT?

    In the U.S. Constitution there are only THREE  separate powers of Government

    ONE IMPORTANT PRINCIPLE EMBODIED IN THE U.S. CONSTITUTION IS SEPARATION OF POWERS. … EACH OF THE THREE GOVERNMENTAL BRANCHES, LEGISLATIVE, EXECUTIVE AND JUDICIAL, “CHECKS” THE POWERS OF THE OTHER BRANCHES TO MAKE SURE THAT THE PRINCIPAL POWERS OF THE GOVERNMENT ARE NOT CONCENTRATED IN THE HANDS OF ANY SINGLE BRANCH.

    I’ve spent hundreds of hours researching, reading, documenting and critically thinking (connecting the dots) and there is only one fourth secret power embedded in the US Government, that fits the criteria.

    ARE THE 7000 (SES) SENIOR CAREER UNTOUCHABLE  EXECUTIVES IN CIVIL SERVICE, TRAINED AND PROVIDED BY (SES) THAT OPERATES AND OVERSEE NEARLY EVERY GOVERNMENT ACTIVITY IN APPROXIMATELY 75 FEDERAL AGENCIES.

    Senior Executive Service – OPM

    https://www.opm.gov/policy-data-oversight/seniorexecutiveservice/

    The Senior Executive Service (SES) lead America’s workforce. … SES MEMBERS ARE THE MAJOR LINK BETWEEN THESE APPOINTEES and the rest of the Federal workforce. THEY OPERATE AND OVERSEE NEARLY EVERY GOVERNMENT ACTIVITY IN APPROXIMATELY 75 FEDERAL AGENCIES.

    HOW POWERFUL ARE THE SES CAREER EXECUTIVE?

    THE SENIOR EXECUTIVE SERVICE (SES) IS A CORPS OF MEN AND WOMEN WHO ADMINISTER PUBLIC PROGRAMS

     AT THE HIGHEST LEVELS OF FEDERAL GOVERNMENT..

    SES LEVEL V – O-7 – BRIGADIER GENERAL

     

    Civilian to Military Rank – FederalPay

    https://www.federalpay.org/article/civilian-to-military-rank

     

    Equivalent Civilian to Military Ranks

    Civilian Grade Military Rank

    Army Title

    GS-13

    O-4

    Major

    GS-14

    O-5

    Lieutenant Colonel

    GS-15

    O-6

    Colonel

    SES LEVEL V

    O-7

    BRIGADIER GENERAL

    ——————————————————————————————

    HOW DO HIGH-RANKING CAREER BUREAUCRATS TRY TO ENSURE ADMINISTRATIVE CONTINUITY?

    Obama signs “Ted Kaufman’s” Transition Act – The News Journal

    www.delawareonline.com/story/opinion/…/obamasigns-ted…transition…/82255556/

    MAR 25, 2016 – A BILL SIGNED MARCH 18, BY PRESIDENT OBAMA bears the name of a Delawarean, Ted Kaufman. The “Edward ‘Ted’ Kaufman and Michael Leavitt

     PRESIDENTIAL TRANSITIONS ... President Obama’s handoff to his successor will be much smoother. … In a rare bipartisan moment it passed the Senate unanimously

    Presidential Transitions Improvements Act of 2015.”\17\

    (Sec. 2) This bill amends the Presidential Transition Act of 1963 to direct the President to plan and coordinate activities to facilitate an efficient transfer of power to a successor President, including by: (1) not later than six months before a presidential election, establishing and operating a White House transition coordinating council; and (2) establishing and operating an agency transition directors council.

    To ENSURE that agencies plan adequately for transitions, this section also requires that not later than six months before Election Day, the head of each agency

    —————————————————————————

    Just asking? TO ENSURE IN APPROXIMATELY 75 FEDERAL AGENCIES?

     ————————————————————————

    SHALL DESIGNATE A SENIOR CAREER EMPLOYEE of each major component and subcomponent of the agency to overseetransition activities.  Also, not later than September 15 of a presidential election year, for each critical non-career position in an agency,

    the head of the agency SHALL DESIGNATE A QUALIFIED CAREER EMPLOYEE to serve in an acting capacity during the transition. THIS SECTION ALSO REQUIRES, to the greatest extent practicable, the negotiation of memorandums of understanding between the incumbent administration (acting through the Federal Transition Coordinator) and the transition teams of major candidates, not later than November 1 of a presidential election year. To the greatest extent practicable, the memorandums of understanding SHALL BE BASED on those from past transitions.

    (Sec. 4) This section directs the Office of Personnel Management to submit

     TO SPECIFIED CONGRESSIONAL COMMITTEES ANNUAL REPORTS ON REQUESTS BY AGENCIES TO APPOINT POLITICAL APPOINTEES OR FORMER POLITICAL APPOINTEES TO NONPOLITICAL CIVIL SERVICE POSITIONS.

    These reports shall be submitted quarterly in the last year of a presidential term or in the last year of the second consecutive term of a President.

    (Sec. 5) This section directs the Government Accountability Office to report to specified congressional committees on final significant regulatory actions promulgated during the last 120-day period of presidential administrations ending in 2001, 2009, and 2017.

    A significant regulatory action means any regulatory action that is likely to result in a rule that may: (1) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, the environment, productivity, competition, jobs, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an agency action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs,

    OR (4) RAISE NOVEL LEGAL OR POLICY ISSUES.

    ———————————————————————————

    HOW CONSTITUTIONAL IS THE “UNCHECKED” (SES) SENIOR EXECUTIVE BRANCH OF FOURTH POWER?

    IN THE U.S. CONSTITUTION THERE ARE ONLY THREE  SEPARATE POWERS OF GOVERNMENT

    ONE IMPORTANT PRINCIPLE EMBODIED IN THE U.S. CONSTITUTION IS SEPARATION OF POWERS. … EACH OF THE THREE GOVERNMENTAL BRANCHES, LEGISLATIVE, EXECUTIVE AND JUDICIAL, “CHECKS” THE POWERS OF THE OTHER BRANCHES TO MAKE SURE THAT THE PRINCIPAL POWERS OF THE GOVERNMENT ARE NOT CONCENTRATED IN THE HANDS OF ANY SINGLE BRANCH.

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    Just saying….THE KGB… was originally designed in March 1954  to be a state security committee and was attached to the Council of Ministers.


  • Violating Private Property Rights

    THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

    Federal judge dismisses challenge to Wyoming trespassing law

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

    By BEN NEARY Associated Press Updated Jul 7, 2016

    CHEYENNE — A federal judge has dismissed a lawsuit from groups that challenged Wyoming laws prohibiting trespassing on private lands to collect data.

    Groups including the Western Watersheds Project, the Natural Resources Defense Council and the National Press Photographers Association sued Wyoming last year.

    The groups claimed state laws prohibiting trespassing to collect data were unconstitutional. The groups said the laws, which allowed both civil penalties and criminal prosecution, would block people from informing government regulators about such things as violations of water quality rules and illegal treatment of animals.

    U.S. District Judge Scott Skavdahl of Casper dismissed the groups’ lawsuit Wednesday, ruling there’s no constitutional right to trespass on private lands.

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” Skavdahl wrote.

    Skavdahl last winter expressed concerns about earlier versions of the laws, which the Wyoming Legislature had passed early last year. The earlier versions sought to prohibit collection of data on “open lands,” a term Skavdahl said could be stretched to cover more than just private property.

    In response to Skavdahl’s criticism, the Wyoming Legislature earlier this year revised the laws to specify they only applied to trespassing to collect data on private lands.

    Gov. Matt Mead on Thursday said he was pleased with Skavdahl’s dismissal of the groups’ lawsuit.

    “There has been a lot of misinformation about the intent of this law,” Mead said. “The judge’s ruling affirms that the issue at the heart of the matter is preserving private property rights — a fundamental right in our country.”

    David Muraskin, a lawyer representing Western Watersheds and the National Press Photographers Association, said Thursday that his clients are disappointed with Skavdahl’s ruling and are considering whether to appeal.

    Federal judge dismisses challenge to Wyoming trespassing law

    trib.com/…/federaljudgedismisseschallenge-to-wyomingtrespa

    Casper Star‑Tribune 2 days ago – CHEYENNE, Wyo. (AP) — A federal judge has dismissed a lawsuit challenging Wyoming laws that prohibit trespassing on private lands to

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    FEB 18, 2013

    WDFW Constitutional Trespass?

    WDFW TRESPASS ON PRIVATE PROPERTY

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    OCT 21, 2014

    Behind My Back | Presumed to be Constitutional?

    www.behindmyback.org/2014/10/21/presumed-to-be-constitutional/

    Oct 21, 2014 – This is the PRESUMED law of the LAND in WA STATE. Goggle it for … This is PRESUMED TO BE CONSTITUTIONAL BY THE AG. You live in …

    Presumed to be Constitutional?

    This is WA State Law RCW 77.12.154

    These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties without liability for trespass.

    ——————————————————————————————-

    The US Government has taken the position that they can do anything that they want, where ever they want whenever they want. Remember the Olympic Peninsula Electronic Warfare Project? And, they got away with it until “We the People” demanded Due Process.

    ——————————————————————————————–

    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

    —————————————————————————————————-

    When I told people about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY” without my permission, without probable cause, without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these incidences.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.

     Indeed, They have been doing it and they are going to keep doing it, and keep doing  it until “We the People” demanded Constitutional Due Process.

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ——————————————————————————————-

    This is the PRESUMED law of the LAND in WA STATE.
    Goggle it for yourself…
    CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    —————————————————————————————

    THINK ABOUT THIS?

    When They Came In WA. State

    This is  PRESUMED TO BE CONSTITUTIONAL BY THE AG

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

    ———————————————————————————————–

    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE? AND AMERICA?

    —————————————————————————————-

    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry
    — Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    —————————————————————————

    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    ————————————————————————————————————-

    And, When THEY Came  to Clallam County In WA State.

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011 AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…

    In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
    ——————————————————————————

    Sent: Saturday, February 05, 2011 6:38 PM
    Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

    I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

    1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
    When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

    2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

    3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

    4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

    5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals) THE WSDOT WAS INSPECTING THE CULVERTS ON HIGHWAY 101 FOR FISH PASSAGE

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    10/20/14 Added for clarification

     RCW 77.12.755

    Ranked inventory of fish passage barriers.

    In coordination with the department of natural resources and lead entity groups, the department

    MUST ESTABLISH A RANKED INVENTORY OF FISH PASSAGE BARRIERS ON LAND OWNED BY SMALL FOREST LANDOWNERS

    based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.

    THE DEPARTMENT SHALL FIRST GATHER AND SYNTHESIZE ALL AVAILABLE EXISTING INFORMATION ABOUT THE LOCATIONS AND IMPACTS OF FISH PASSAGE BARRIERS IN WASHINGTON.

    This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.

    The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.

    ———————————————————————————————–

    My comment UNDER THE INTERAGENCY CONTRACT BETWEEN WSDOT AND WDFW, WDFW WAS CONTRACTED TO REPEAT THESE TRESPASSES EVERY YEAR FOR 10 YEARS.

    —————————————————————————————————–

    NOTHING IN THIS SECTION GRANTS THE DEPARTMENT OR OTHERS ADDITIONAL RIGHT OF ENTRY ONTO PRIVATE PROPERTY.

    [2003 c 311 § 10.]

    Notes:Findings — Effective date — 2003 c 311: See notes following RCW

    Active Interagency Agreements – Washington Department of …

    wdfw.wa.gov/…/contracts/i

    Washington Department of Fish and Wildlife

    Jun 1, 2014 – 14-1109. 2014 WDFW-Quileute MOU Forage Fish … 10-1040.

    Anadromous Fish Agreement & Habitat Conservation Plan …

    Beaver Creek Intake Passage & Screening Construction …..

    Data Sharing Agreement Between DOL & DFW ….. MOA w/WSDOT

    on Hydraulic Projects, Fish Passage, CED Program.  

    Continuing, the call on 4/23/10 from Dave Collins WSDOT admitting that,

    yes, they were DFW employees,
    yes, they were doing the mapping under contract to the DOT,
    yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
    yes, they had put a biodegradable white tape in our stream,
    yes, they had taken water samples….

    When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?

    Why DFW was not required to notify and get permission like Skagit County?

    His response was, “Well, we can’t just contact/notify every little land owner”.

    I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

    Read the full text on behind my back.org.

    ———————————————————————

    The bottom line…

    THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

    “The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

    By BEN NEARY Associated Press Updated Jul 7, 2016


  • These Crimes Occur Everyday

    These Crimes Occur Everyday

    Trespass on private property, THEFT OF POLITICAL SIGNS, malicious mischief, illegal dumping, littering and reckless burning.

    TEN “STOP WILD OLYMPIC’S” POLITICAL SIGNS ARE GONE.

    (reported by Ross Aug. 2, 2015 9:30PM)

    10 of the 13 signs that Ross and I put up July 20, 2015

    August 4, 2015 CLALLAM COUNTY SHERIFF DEPT.CASE NUMBER 2015-17398

    ————————————————————————————————

     Indeed, These Crimes Do Occur Every day…..

    July 7, 2015 CLALLAM COUNTY SHERIFF’S DEPT.  CASE NUMBER 2015-50-15019

    August 4, 2015 CLALLAM COUNTY SHERIFF DEPT. CASE NUMBER 2015-17398

    August 7, 2015 Unreported, 2 teenage trespassers ignored posted signs, sent packing.

    August 10, CLALLAM COUNTY SHERIFF DEPT. CASE NUMBER 2015-17831

    ————————————————————–

    Back to the trespass and theft of political signs….

    Clallam County Sheriff Benedict and I had a phone conversation on Aug. 3, 2015. He explained  my options and the stark  REALITY of these unlawful acts.

    1. A crime has been committed

    2. I can file a complaint for trespass and theft.

    3. There are specific RCW’s on theft of political signs

    4. There is no evidence of who committed the crime

    5. There is no investigation without evidence.

    6. Put up more signs and game cameras

    7. Going Public? Did anyone see anything? 

    8. These crimes occur every day, trespass, theft of political signs and malicious mischief

    The bottom line.

    There is seldom an arrest for these crimes (period)

    ———————————————————————-

     Who knew? As a private citizen, a victim of these crimes….

    I have options, I must do my own investigation, find evidence, etc.

     Aug. 3, 2015 Going Public online?

    Did anyone see anything? 

    Did anyone, including law enforcement, do anything about these crimes?

    ——————————————————————————

    Response from going public online…

    Trespass and theft of political signs from 2012-2015

    read more  The Wild Olympics Scam

    www.wildolympicsscam.com/

    —————————————————————

    Trespass and theft of thirteen (13) political signs in the Sequim WA area. (one arrest)

    read more PDN…

     ———————————————————————

    Aug. 4, 2015 Going Public at a Commissioners meeting 

     Did anyone see anything? 

     A very reliable witness reported.

     YES, Out here in 112 I SAW SOME OF THE GUN SHOW SIGNS IN THE BACK OF A DOT TRUCK because they were too close to the road.   I know one of the “stop” signs out here in 112 was questionably close too.

    A very reliable witness reported evidence of WSDOT taking possession  and having political GUN SHOW SIGNS in the back of a WSDOT truck. Signs taken from and on highway 112, near Joyce WA.

     Did anyone do anything?

     Yes, I did follow the WSDOT lead to the missing POLITICAL SIGNS.

     10:10 am, I called WSDOT (360)565-0680 Olympic Region #3 Port Angeles, WA. I spoke with MAINTENANCE SUPERVISOR STEVE RUSSELL.

    First regarding WSDOT  truck Highway 112 with gun show signs in the truck. Next, the 10 “STOP WILD OLYMPIC” taken from Highway 101 and 112.

    Law or WSDOT courtesy policy?  Signs taken by WSDOT are held for 15 days or 30 days in the WSDOT yard so owners may claim, pick up their signs.

    10:17 am Steve called back. There are ZERO Joyce gun show signs in the WSDOT yard. There are five (5) “STOP WILD OLYMPIC” signs in the WSDOT yard.

    WSDOT Steve will do an internal investigation. He will speak with his drivers this pm, who took what, when, were, and why.

    —————————————————————-

    WSDOT Steve’s response to his  internal investigation?

    Sent: Monday, August 10, 2015 9:40 AM
    Subject: RE: Emailing: 101-227.jpg

    Pearl,
    I have not found any more information regarding any other signs.   At this point I am thinking someone else may have picked them up.   We have several different offices other than maintenance so I will keep asking around.

    Steve Russell
    WSDOT Maintenance & Operations Superintendent
    Area 3, Port Angeles
    360-565-0680

    ———————————————————————-

    Really?

    Five  “STOP WILD OLYMPIC” signs  were taken by WSDOT on highway 101, were found in the WSDOT yard, and I picked them up.

    There are STILL FIVE “STOP WILD OLYMPIC” political signs  TAKEN AND MISSING?

    There are STILL ZERO TAKEN Joyce gun show political signs, as witnessed in the back of WSDOT truck on highway 112, AND THEY ARE STILL NOT in the WSDOT yard?

    Witness,    I know one of the “stop” (Wild Olympics political) signs out here in 112 was questionably close too.

    That (1)  “stop” (Wild Olympics political) sign posted on highway 112 is still TAKEN AND MISSING?

    August 4, 2015 CLALLAM COUNTY SHERIFF DEPT. CASE NUMBER 2015-17398

    So? on August 10, 2015, WSDOT Steve  Has not found any more information regarding any other signs?

    SO,  At this point he is  thinking someone else may have picked them up?

    We? WSDOT?  have several  different offices other than maintenance so Steve will keep asking around.

    ——————————————————————

    SO,  At this point in time August 11, 2015, As a victim of many, many  of, These  Crimes that Occur Everyday

    Trespass on private property, theft , malicious mischief, illegal dumping, littering and reckless burning and…. THEFT OF POLITICAL SIGNS.

    PRIVATE PROPERTY OWNERS

    1. When a crime has been committed.

    PLEASE STAND UP FOR YOUR CONSTITUTIONAL RIGHTS

     STAND UP TO CRIMINALS AND BE COUNTED.

    2. PLEASE, Report all crimes to law enforcement.

    You are the victim of a crime

    3. Get a CASE NUMBER  for the incident report.

    4. Become a legal statistic (a rash of crimes)

    5. Go public at a elected representative public meeting level

    6. Make your public comment a matter of public record.

    BECAUSE YOU ARE AN AMERICAN CITIZEN and because

    Clallam County Sheriff Benedict said, These crimes occur every day, trespass, theft of political signs and malicious mischief.

     Sheriff Benedict said, There is seldom an arrest for these crimes (period)

     Sheriff Benedict said,

    THIS POLITICAL SIGN THEFT IS A VIOLATION OF FREEDOM SPEECH AND IT IS A CONSTITUTIONAL ISSUE.

    ————————————————————————————————

    continue… read more if

    LOSS OF FREEDOM?  THEFT OF POLITICAL SIGNS?

    concerns you.

     August 10, 2015 I sent an email “GOING PUBLIC” to every elected representative I have  

    Sent: Monday, August 10, 2015 11:22 AM

    Subject: NEW Political Signs CASE NUMBER 2015-1-7398

    LOSS OF FREEDOM? THEFT OF POLITICAL SIGNS?

    WOW WHO KNEW?

    BEST 2015 DEFENSE BY WSDOT?  THE CATCH ONE, CATCH ALL,  ALL OF THOSE
    CITIZENS THAT ARE POSTING POLITICAL SIGNS ON HIGH 101. (now being
    selectively and Arbitrarily  enforced by WSDOT) using

    WA STATE RCW 47.42.010

    STATE LAW GOVERNS THE ISSUE OF WHAT CONSTITUTES A DESIGNATED SCENIC BYWA?

    ———————————————————
    A History and Overview of the Federal Outdoor Advertising …

    www.fhwa.dot.gov/real…/oacprog.cfm

    Federal Highway Administration

    1968 Amendments to Highway Beautification Act of 1965. Federal-aid ….. STATE LAW GOVERNS THE ISSUE OF WHAT CONSTITUTES A DESIGNATED SCENIC BYWAY. According …

    THE SCENIC HIGHWAY ACT OF 1965 AND THE FEDERAL LAW 1973.

    WA STATE RCW 47.42.010

    THE CONTROL OF SIGNS IN AREAS ADJACENT TO STATE HIGHWAYS OF THIS STATE IS
    HEREBY DECLARED TO BE NECESSARY TO PROMOTE THE PUBLIC HEALTH, SAFETY,
    WELFARE, convenience and enjoyment of public travel, to protect the public
    investment in the interstate system and other state highways, and to attract
    visitors TO THIS STATE BY CONSERVING THE NATURAL BEAUTY OF AREAS ADJACENT TO
    THE INTERSTATE SYSTEM, and of scenic areas adjacent to state highways upon
    which they travel in great numbers, AND TO INSURE THAT INFORMATION IN THE
    SPECIFIC INTEREST OF THE TRAVELING PUBLIC IS PRESENTED SAFELY and
    effectively.

    [1961 c 96 § 1.]

    —————————————————————-

    I have been doing MORE research.

    LAW OF EASEMENTS

     While RECORDING IS NOT NECESSARY FOR VALIDITY, the recorded easement
    provides constructive notice to third parties that the easement exists.  ORS
    93.710 (1).

    [6] As discussed in Section I, title acquired by prescription “IS NOT
    SUBJECT TO WASHINGTON’S RECORDING ACT”.

    ———————————————————————

    BURIED SOMEWHERE IN WSDOT  HISTORICAL MAPS AND EASEMENT  RECORDS ON
    EASEMENTS “NEED NOT BE RECORDED” AND “IS NOT SUBJECT TO WASHINGTON’S
    RECORDING ACT”.

    SO?  IS THERE A WRITTEN UNRECORDED AGREEMENT 1925-1927 THRU AUG. 10, 2015
    OF/ WITH WSDOT FOR THE WSDOT EASEMENTS FROM , 1925-1927. THRU AUG. 10, 2015
    ON RAINS SR. TRUST LAND.
    www.carneylaw.com/resources/documents/Law-of-Easements.pdf

    IGNORANCE OF THE LAW IS NO EXCUSE?

    IGNORANCE OF AN UNRECORDED WSDOT EASEMENT IS NO EXCUSE?

    Another chapter in the book of revelations by Pearl Revere


  • Raisin Hell With SCOTUS

    Raisin Hell With SCOTUS

    Horne v. Department of Agriculture

    SCOTUS Supreme Court, decision, 81

    TAKING RAISINS IS A TAKING

    —————————————————

    SCOTUS  transcript, a 72 page document. 

    Link: Read The Official Transcript

    —————————————————————-

    snippets that mattered

    CHIEF JUSTICE ROBERTS:  ­­ normally what we

    say, if you don’t like regulations, you can challenge

    them in court to see if they comply with the

    Constitution.  The answer ­­ I mean, if the answer is

    always you can do something else, it would seem we

    should ­­ we’ll never have these kinds of cases.     

    ———————————————————      

    JUSTICE SCALIA:  These plaintiffs are ingrates, right?  You’re ­­ you’re ­­ you’re really

    helping them?

    ————————————————————————–

    JUSTICE KENNEDY:  It seems to me what your

    argument is saying, is even if it’s a taking, it’s okay.

    It will be okay.  Everything will work out.  That’s what

    I get from your argument.

    —————————————————————-

    CHIEF JUSTICE ROBERTS:  This ­­ this is a ­­

    a historical quirk that you have to defend.  You could

    achieve your ­­ the government’s objectives, just as you

    do in most other cases, through volume limitations that

    don’t require a physical taking.

    For whatever reason, in the history of the

    New Deal, this one was set up differently.  And so we’re

    here dealing with a classical, physical taking.  We are

    not going to jeopardize the marketing ­­ the Agriculture

    Department’s Marketing Order regime.

    And by the way, it better be the Department

    of Agriculture that takes these ­­ you said earlier it’s

    Raisin Committee ­­ or else you’re going to have a lot

    of trouble in your government speech cases, where you

    always make the point that these committees are, in

    fact, the government.

    —————————————————————–

    MR. KNEEDLER:  We’re not ­­ we’re not saying

    the committee is not the government.  What I was saying

    is that the ­­ that the operation of the program is not

    for the government’s benefit.  It is for the producers’

    benefit.

    ——————————————————————————-

    JUSTICE SCALIA:  You say it’s one little feature of an overall program.  That little feature

    happens to be the taking of raisins.“THIS IS DIFFERENT. You come up with the truck, and you get the shovels, and you take their raisins, probably in the dark of night,” Roberts said.

    ————————————————————————————

    JUSTICE KAGAN: 

    Mr. ­­ Mr. Kneedler, if ­­ I

    largely agree with what the Chief Justice said.

    I mean, just the way I think about this program is that this

    does seem a weird historical anomaly.

    And all ­­ am I right that all the rest of

    these agricultural programs are done differently, such

    that saying that this was a taking would not affect

    other agricultural programs? 

    And ­­ and also, are there any other programs out there

    ­­FORGET AGRICULTURAL PROGRAMS ­­ 

     BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE WERE TO THINK

    ABOUT THIS AS A TAKING?

     ——————————————————————————

    In response to Justice Kagan  comments and question.

    ­­June 22, 2015  JUSTICE KAGAN: etal.

    FORGET AGRICULTURAL PROGRAMS?

    California’s Drought Could Upend America’s Entire Food …

    thinkprogress.org/…/2015/…/californiadrought-and-agric…

    ThinkProgress

    May 5, 2015 – by Natasha Geiling Posted on May 5, 2015 at 8:00 am … That’s a historic low for a state that has become accustomed to breaking drought records. … “When you look at the California drought maps, it’s a scary thing,” Craig …

    —————————————————————————

    JUSTICE KAGAN:  etal. ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE  DECIDE

     THAT THIS IS A TAKING?

     ——————————————————————

    TAKING PUBLIC WATER FOR FISH?

     The Man-Made California Drought – House Committee on …

    naturalresources.house.gov/…/issu…

    United States House of Representatives

    California’s water storage and transportation system designed by federal and … protecting the Delta smelt – a three-inch fish on the Endangered Species List.

    ———————————————————————–

    Endangered Species Act – U.S. Fish and Wildlife Service

    www.fws.gov/endangered/laws-p…

    United States Fish and Wildlife Service

    Jul 15, 2013 – When Congress passed the Endangered Species Act (ESA) in 1973

    ————————————————————————————–

    JUSTICE KAGAN: etal. BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE DECIDE THAT THIS IS A TAKING?

    ——————————————————————-

    The Man-Made California Drought – House Committee on …

    naturalresources.house.gov/…/issu…

    California’s San Joaquin Valley is the salad bowl of the world, providing the majority of fruits and vegetables for the entire nation. But, with another man-made drought looming, the San Joaquin Valley is in danger of becoming a dust bowl unless immediate action is taken to CHANGE POLICIES THAT PUT THE NEEDS OF FISH ABOVE THE LIVELIHOOD OF PEOPLE.

    House Republicans have a bipartisan, comprehensive solution to end future man-made droughts, bring job and water supply certainty to the Sacramento and San Joaquin Valleys in California and decrease reliance on foreign food sources.

    Get the Facts:

      California’s water storage and transportation system designed by federal and state governments includes 1,200 miles of canals and nearly 50 reservoirs that provide water to about 22 million people and irrigate about four million acres of land throughout the state.

      In May 2007, a Federal District Court Judge ruled that increased amounts of water had to be re-allocated towards protecting the Delta smelt – a three-inch fish on THE ENDANGERED SPECIES LIST.

      BECAUSE OF THIS RULING, IN 2009 AND 2010 MORE THAN 300 BILLION GALLONS (OR 1 MILLION ACRE-FEET) OF WATER WERE DIVERTED AWAY FROM FARMERS IN THE CENTRAL VALLEY AND INTO THE SAN FRANCISCO BAY – eventually going out into the Pacific Ocean.

      This man-made drought cost thousands of FARM WORKERS their jobs, inflicted up to 40 percent unemployment in certain communities, AND FALLOWED HUNDREDS OF THOUSANDS OF ACRES OF FERTILE FARMLAND.

      Unemployment remains at a regional average of 17%. With current precipitation at near-record lows, the same regulations will be imposed pushing unemployment even higher.

    ————————————————————————————-

    ­­ JUSTICE KAGAN:  etal. FORGET AGRICULTURAL PROGRAMS?

    May 5, 2015

    California’s Drought Could Upend America’s Entire Food …

    thinkprogress.org/…/2015/…/californiadrought-and-agric…

    ­­

     

    JUSTICE KAGAN: BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE WERE DECIDE THAT

    THIS IS A TAKING?

    —————————————————–

    SCOTUS Supreme Court, decision, 81

    TAKING RAISINS IS A TAKING

    ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE DECIDE

    THAT THIS IS A TAKING?

    —————————————–

    WOW, Great question, how many more lawsuits on Government TAKING programs will this create?

    ANY OTHER PROGRAMS?  THIS IS JUST THE TIP OF THE ICEBERG ON GOVERNMENT TAKINGS

    To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches.

    Link: Read The Official Transcript


  • WA State Human Environment

    The Human Environment In WA State

    This is WA State Law RCW 77.12.154  These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties WITHOUT LIABILITY FOR TRESPASS.

    Presumed by,  WA State Attorney Generals  office, to be Constitutional?

    THESE “STATE  EMPLOYEES” MAY ENTER UPON YOUR PRIVATE PROPERTY, “ANY LAND”  IN WA STATE, WITHOUT DUE PROCESS OF LAW, WITHOUT YOUR PERMISSION  WITHOUT PROBABLE CAUSE AND WITHOUT A SEARCH WARRANT.

    ————————————————————————————–

    THIS IS THE HUMAN ENVIRONMENT under WA State Law RCW 77.12.154 .

    The Government has taken the position that they can do whatever they want, where ever they want and whenever they want, without Constitutional due process of law.

    ——————————————————————————————–

    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

    —————————————————————————————————-

    DISBELIEF AND DENIAL  IS THE HUMAN ENVIRONMENT IN WA STATE.

    When I told American Citizens about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY”  I have Constitutional Rights. the government can’t do that without my permission, without probable cause and without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these trespass violations on Lake Sutherland private property.

    THESE “STATE  EMPLOYEES” DID ENTER UPON MY PRIVATE PROPERTY, “MY LAND”  IN CLALLAM COUNTY, WA STATE, WITHOUT ANY DUE PROCESS OF LAW, WITHOUT MY PERMISSION  WITHOUT PROBABLE CAUSE AND WITHOUT A SEARCH WARRENT.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.,without due process of law, without permission, without probable cause and without a search warrant.

    ————————————————————————-

    THE HUMAN ENVIRONMENT IN WA STATE?

    Indeed, The government has  been TRESPASSING  on private land and they are going to keep TRESPASSING on private land, and keep TRESPASSING on private land until “We the People” demanded Constitutional Due Process.

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ——————————————————————————————-

    This is the PRESUMED CONSTITUTIONAL law of the LAND in WA STATE.
    Goggle it for yourself… CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    —————————————————————————————

    UNDER RCW 77.12.154  THIS IS THE HUMAN ENVIRONMENT IN WA STATE.

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

    ———————————————————————————————–

    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE?

    —————————————————————————————-

    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry —
    Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    —————————————————————————

    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    ————————————————————————————————————-

    And, When “THEY” Came  to Lake Sutherland, Clallam County, in WA State.

    Read the full text, complete chronological documentation of government trespass here.

    Presumed to be Constitutional?

    Posted on by Pearl Rains Hewett Comment

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011

    AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…


  • The Enabling Act March 1933

    The Enabling Act March 1933

    ON 23 MARCH 1933, THE GERMAN REICHSTAG VOTED IN THE ENABLING ACT, ALLOWING ADOLF HITLER TO RIP UP THE CONSTITUTION.

    THE FORMAL TITLE FOR THE ENABLING ACT WAS

      THE ‘LAW TO REMEDY THE DISTRESS OF PEOPLE AND REICH’

    The Enabling Act was passed on March 23rd 1933. The act was to have huge consequences for the CITIZENS OF NAZI GERMANY

    ——————————————————————————————————–

    A Bill for the More General Diffusion of Knowledge (complete text below)

    THOSE ENTRUSTED WITH POWER HAVE, IN TIME, AND BY SLOW OPERATIONS, PERVERTED IT INTO TYRANNY

    and it is believed that the most effectual means of preventing this would be,  TO ILLUMINATE, AS FAR AS PRACTICABLE, THE MINDS OF THE PEOPLE AT LARGE, AND MORE ESPECIALLY TO GIVE THEM KNOWLEDGE OF THOSE FACTS

    WHICH HISTORY EXHIBITETH, THAT, POSSESSED THEREBY OF THE EXPERIENCE OF OTHER AGES AND COUNTRIES, THEY MAY BE ENABLED TO KNOW AMBITION UNDER ALL ITS SHAPES, AND PROMPT TO EXERT THEIR NATURAL POWERS TO DEFEAT ITS PURPOSES

    ———————————————————————————————–

    The Enabling Act March 1933 – History Learning Site

    www.historylearningsite.co.uk › Modern World HistoryNazi Germany

    Mar 23, 1933 – The Enabling Act of March 1933 gave Adolf Hitler huge powers.

    THE ENABLING ACT ALLOWED HITLER TO RULE BY HIMSELF.

    ON 23 MARCH 1933, THE GERMAN REICHSTAG VOTED IN THE ENABLING ACT, ALLOWING ADOLF HITLER TO RIP UP THE CONSTITUTION

    German constitutional law stated that any change to the constitution (and the Enabling Act was seen as a change to it) had to have a vote at which 66% of the Reichstag Deputies had to be present. Of these the vote needed to be 66% or over – not the usual bare majority.

    ——————————————————————————————————————

    THE SUBJECT OF EDUCATION

    As part of his work in revising the laws of Virginia during the late 1770s and early 1780s, Thomas Jefferson put forth a bill that has become one of his most enduring WORKS ON THE SUBJECT OF EDUCATION: BILL 79

    TO ILLUMINATE, AS FAR AS PRACTICABLE, THE MINDS OF THE PEOPLE AT LARGE, AND MORE ESPECIALLY TO GIVE THEM KNOWLEDGE OF THOSE FACTS

    —————————————————————————————————————–

     

    A BILL FOR THE MORE GENERAL DIFFUSION OF KNOWLEDGE

    THOMAS JEFFERSON (1779)

    SECTION I. Whereas it appeareth that however certain forms of government are better calculated than others to protect individuals in the free exercise of their natural rights,

     and are at the same time themselves better guarded against degeneracy,

    yet experience hath shewn, that even under the best forms,

    THOSE ENTRUSTED WITH POWER HAVE, IN TIME, AND BY SLOW OPERATIONS, PERVERTED IT INTO TYRANNY;

    AND IT IS BELIEVED THAT THE MOST EFFECTUAL MEANS OF PREVENTING THIS WOULD BE,

     TO ILLUMINATE, AS FAR AS PRACTICABLE, THE MINDS OF THE PEOPLE AT LARGE, AND MORE ESPECIALLY TO GIVE THEM KNOWLEDGE OF THOSE FACTS,

     WHICH HISTORY EXHIBITETH, THAT, POSSESSED THEREBY OF THE EXPERIENCE OF OTHER AGES AND COUNTRIES, THEY MAY BE ENABLED TO KNOW AMBITION UNDER ALL ITS SHAPES, AND PROMPT TO EXERT THEIR NATURAL POWERS TO DEFEAT ITS PURPOSES

    And whereas it is generally true that the people will be happiest whose laws are best, and are best administered, and that laws will be wisely formed, and honestly administered, in proportion as those who form and administer them are wise and honest; whence it becomes expedient for promoting the publick happiness that those persons,

     WHOM NATURE HATH ENDOWED WITH GENIUS AND VIRTUE, SHOULD BE RENDERED BY LIBERAL EDUCATION WORTHY TO RECEIVE, AND ABLE TO GUARD THE SACRED DEPOSIT OF THE RIGHTS AND LIBERTIES OF THEIR FELLOW CITIZENS, and that they should be called to that charge without regard to wealth, birth or other accidental condition or circumstance; BUT THE INDIGENCE OF THE GREATER NUMBER DISABLING THEM FROM SO EDUCATING, AT THEIR OWN EXPENCE,

    THOSE OF THEIR CHILDREN WHOM NATURE HATH FITLY FORMED AND DISPOSED TO BECOME USEFUL INSTRUMENTS FOR THE PUBLIC, IT IS BETTER THAT SUCH SHOULD BE SOUGHT FOR AND EDUCATED AT THE COMMON EXPENCE OF ALL,

    THAN THAT THE HAPPINESS OF ALL SHOULD BE CONFIDED TO THE WEAK OR WICKED:

    ————————————————————————————————————-

    THIS IS HOW WA STATE WORKS ON THE SUBJECT OF EDUCATION

    TO ILLUMINATE, AS FAR AS PRACTICABLE, THE MINDS OF THE PEOPLE AT LARGE, AND MORE ESPECIALLY TO GIVE THEM KNOWLEDGE OF THOSE FACTS

    Supreme Court finds Legislature in contempt on education …

    blogs.seattletimes.com/…/supreme-court-finds-legislatu…

    The Seattle Times

    Sep 11, 2014 – The Washington state Supreme Court is holding the Legislature IN CONTEMPT for not making enough progress toward fully funding public …

    ————————————————————————

    Read more on Public Education

    Behind My Back | The ENABLING ACT February 22, 1889

    www.behindmyback.org/2014/03/…/the-enablingact-february-22-1889/

    Mar 9, 2014 – Through the Enabling Act, a specific acreage of land was endowed and is held in trust for each identified beneficiary. Revenues generated from …

    ———————————————————————————————-

    A BILL FOR THE MORE GENERAL DIFFUSION OF KNOWLEDGE (continued)

    SECT. II. BE it therefore enacted by the General Assembly, that in every county within this commonwealth, there shall be chosen annually, by the electors qualified to vote for Delegates, three of the most honest and able men of their county, to be called the Aldermen of the county; and that the election of the said Aldermen shall be held at the same time and place, before the same persons, and notified and conducted in the same manner as by law is directed for the annual election of Delegates for the county.

    SECT. III. THE person before whom such election is holden shall certify to the court of the said county the names of the Aldermen chosen, in order that the same may be entered of record, and shall give notice of their election to the said Aldermen within a fortnight after such election.

    SECT. IV. THE said Aldermen on the first Monday in October, if it be fair, and if not, then on the next fair day, excluding Sunday, shall meet at the court-house of their county, and proceed to divide their said county into hundreds, bounding the same by water courses, mountains, or limits, to be run and marked, if they think necessary, by the county surveyor, and at the county expence, regulating the size of the said hundreds, according to the best of their discretion, so as that they may contain a convenient number of children to make up a school, and be of such convenient size that all the children within each hundred may daily attend the school to be established therein, distinguishing each hundred by a particular name; which division, with the names of the several hundreds, shall be returned to the court of the county and be entered of record, and shall remain unaltered until the increase or decrease of inhabitants shall render an alteration necessary, in the opinion of any succeeding Aldermen, and also in the opinion of the court of the county.

    SECT. V. THE electors aforesaid residing within every hundred shall meet on the third Monday in October after the first election of Aldermen, at such place, within their hundred, as the said ALDERMEN SHALL DIRECT, NOTICE THEREOF BEING PREVIOUSLY GIVEN TO THEM BY SUCH PERSON RESIDING WITHIN THE HUNDRED AS THE SAID ALDERMEN SHALL REQUIRE WHO IS HEREBY ENJOINED TO OBEY SUCH REQUISITION, ON PAIN OF BEING PUNISHED BY AMERCEMENT AND IMPRISONMENT. The electors being so assembled shall choose the most convenient place within their hundred for building a school-house. If two or more places, having a greater number of votes than any others, shall yet be equal between themselves, the Aldermen, or such of them as are not of the same hundred, on information thereof, shall decide between them. The said Aldermen shall forthwith proceed to have a school-house built at the said place, and shall see that the same be kept in repair, and, when necessary, that it be rebuilt; but whenever they shall think necessary that it be rebuilt, they shall give notice as before directed, to the electors of the hundred to meet at the said school-house, on such day as they shall appoint, to determine by vote, in the manner before directed, whether it shall be rebuilt at the same, or what other place in the hundred.

     

    SECT. VI. AT every of these SCHOOLS SHALL BE TAUGHT READING, WRITING, AND COMMON ARITHMETICK, and THE BOOKS WHICH SHALL BE USED THEREIN FOR INSTRUCTING THE CHILDREN TO READ SHALL BE SUCH AS WILL AT THE SAME TIME MAKE them acquainted with Graecian, Roman,

     ENGLISH, AND AMERICAN HISTORY.

     At these schools all the free children, male and female, resident within the respective hundred, shall be intitled to receive tuition gratis, for the term of three years, and as much longer, at their private expence, as their parents, guardians or friends, shall think proper.

     

    SECT. VII. OVER ten of these schools (or such other number nearest thereto, as the number of hundreds in the county will admit, without fractional divisions) an overseer shall be appointed annually by the Aldermen at their first meeting, eminent for his learning, integrity, and fidelity to the commonwealth, whose business and duty it shall be, from time to time, to appoint a teacher to each school, who shall give assurance of fidelity to the commonwealth, and to remove him as he shall see cause; to visit every school once in every half year at the least, to examine the schollars; see that any general plan of reading and instruction recommended by the visiters of William and Mary College shall be observed; and to superintend the conduct of the teacher in every thing relative to his school.

     

    SECT. VIII. EVERY teacher shall receive a salary of by the year, which, with the expences of building and repairing the school houses, shall be provided in such manner as other county expences are by law directed to be provided and shall also have his diet, lodging, and washing found him, to be levied in like manner, save only that such levy shall be on the inhabitants of each hundred for the board of their own teacher only.

     

    SECT. IX. AND in order that grammer schools may be rendered convenient to the youth in every part of the commonwealth, BE it farther enacted, that on the first Monday in November, after the first appointment of overseers for the hundred schools, if fair, and if not, then on the next fair day, excluding Sunday, after the hour of one in the afternoon, the said overseers appointed for the schools in the counties of Princess Ann, Norfolk, Nansemond and Isle-of-Wight, shall meet at Nansemond court house; those for the counties of Southampton, Sussex, Surry and Prince George, shall meet at Sussex court-house; those for the counties of Brunswick, Mecklenburg and Lunenburg, shall meet at Lunenburg court-house; those for the counties of Dinwiddie, Amelia and Chesterfield, shall meet at Chesterfield court-house; those for the counties of Powhatan, Cumberland, Goochland, Henrico and Hanover, shall meet at Henrico court-house; those for the counties of Prince Edward, Charlotte and Halifax, shall meet at Charlotte court-house; those for the counties of Henry, Pittsylvania and Bedford, shall meet at Pittsylvania court-house; those for the counties of Buckingham, Amherst, Albemarle and Fluvanna, shall meet at Albemarle court-house; those for the counties of Botetourt, Rockbridge, Montgomery, Washington and Kentucky, shall meet at Botetourt court-house; those for the counties of Augusta, Rockingham and Greenbrier, shall meet at Augusta court-house; those for the counties of Accomack and Northampton, shall meet at Accomack court-house; those for the counties of Elizabeth City, Warwick, York, Gloucester, James City, Charles City and New Kent, shall meet at James City court-house; those for the counties of Middlesex, Essex, King and Queen, King William and Caroline, shall meet at King and Queen court-house; those for the counties of Lancaster, Northumberland, Richmond and Westmoreland, shall meet at Richmond court-house; those for the counties of King George, Stafford, Spotsylvania, Prince William and Fairfax, shall meet at Spotsylvania court-house; those for the counties of Loudoun and Fauquier, shall meet at Loudoun court-house; those for the counties of Culpeper, Orange and Louisa, shall meet at Orange court-house; those for the counties of Shenandoah and Frederick, shall meet at Frederick court-house; those for the counties of Hampshire and Berkeley, shall meet at Berkeley court house; and those for the counties of Yohogania, Monongalia and Ohio, shall meet at Monongalia court-house; and shall fix on such place in some one of the counties in their district as shall be most proper for situating a grammar school-house, endeavouring that the situation be as central as may be to the inhabitants of the said counties, that it be furnished with good water, convenient to plentiful supplies of provision and fuel, and more than all things that it be healthy. And if a majority of the overseers present should not concur in their choice of any one place proposed, the method of determining shall be as follows: If two places only were proposed, and the votes be divided, they shall decide between them by fair and equal lot; if more than two places were proposed, the question shall be put on those two which on the first division had the greater number of votes; or if no two places had a greater number of votes than the others, as where the votes shall have been equal between one or both of them and some other or others, then it shall be decided by fair and equal lot (unless it can be agreed by a majority of votes) which of the places having equal numbers shall be thrown out of the competition, so that the question shall be put on the remaining two, and if on this ultimate question the votes shall be equally divided, it shall then be decided finally by lot.

     

    SECT. X. THE said overseers having determined the place at which the grammer school for their district shall be built, shall forthwith (unless they can otherwise agree with the proprietors of the circumjacent lands as to location and price) make application to the clerk of the county in which the said house is to be situated, who shall thereupon issue a writ, in the nature of a writ of ad quod damnum, directed to the sheriff of the said county commanding him to summon and impannel twelve fit persons to meet at the place, so destined for the grammer school-house, on a certain day, to be named in the said writ, not less than five, nor more than ten, days from the date thereof; and also to give notice of the same to the proprietors and tenants of the lands to be viewed, if they be to be found within the county, and if not, then to their agents therein if any they have. Which freeholders shall be charged by the said sheriff impartially, and to the best of their skill and judgement to view the lands round about the said place, and to locate and circumscribe, by certain metes and bounds, one hundred acres thereof, having regard therein principally to the benefit and convenience of the said school, but respecting in some measure also the convenience of the said proprietors, and to value and appraise the same in so many several respective interests and estates therein. And after such location and appraisement so made, the said sheriff shall forthwith return the same under the hands and seals of the said jurors, together with the writ, to the clerk’s office of the said county and the right and property of the said proprietors and tenants in the said lands so circumscribed shall be immediately devested and be transferred to the commonwealth for the use of the said grammar school, in full and absolute dominion, any want of consent or disability to consent in the said owners or tenants notwithstanding. But it shall not be lawful for the said overseers so to situate the said grammar school-house, nor to the said jurors so to locate the said lands, as to include the mansion-house of the proprietor of the lands, nor the offices, curtilage, or garden, thereunto immediately belonging.

     

    SECT. XI. THE said overseers shall forthwith proceed to have a house of brick or stone, for the said grammar school, with necessary offices, built on the said lands, which grammer school-house shall contain a room for the school, a hall to dine in, four rooms for a master and usher, and ten or twelve lodging rooms for the scholars.

     

    SECT. XII. TO each of the said grammar schools shall be allowed out of the public treasury, the sum of pounds, out of which shall be paid by the Treasurer, on warrant from the Auditors, to the proprietors or tenants of the lands located, the value of their several interests as fixed by the jury, and the balance thereof shall be delivered to the said overseers to defray the expence of the said buildings.

     

    SECT. XIII. IN these grammar schools shall be taught the Latin and Greek languages, English grammar, geography, and the higher part of numerical arithmetick, to wit, vulgar and decimal fractions, and the extraction of the square and cube roots.

     

    SECT. XIV. A visiter from each county constituting the district shall be appointed, by the overseers, for the county, in the month of October annually, either from their own body or from their county at large, which visiters or the greater part of them, meeting together at the said grammar school on the first Monday in November, if fair, and if not, then on the next fair day, excluding Sunday, shall have power to choose their own Rector, who shall call and preside at future meetings, to employ from time to time a master, and if necessary, an usher, for the said school, to remove them at their will, and to settle the price of tuition to be paid by the scholars. They shall also visit the school twice in every year at the least, either together or separately at their discretion, examine the scholars, and see that any general plan of instruction recommended by the visiters of William and Mary College shall be observed. The said masters and ushers, before they enter on the execution of their office, shall give assurance of fidelity to the commonwealth.

     

    SECT. XV. A steward shall be employed, and removed at will by the master, on such wages as the visiters shall direct; which steward shall see to the procuring provisions, fuel, servants for cooking, waiting, house cleaning, washing, mending, and gardening on the most reasonable terms; the expence of which, together with the steward’s wages, shall be divided equally among all the scholars boarding either on the public or private expence. And the part of those who are on private expence, and also the price of their tuitions due to the master or usher, shall be paid quarterly by the respective scholars, their parents, or guardians, and shall be recoverable, if withheld, together with costs, on motion in any Court of Record, ten days notice thereof being previously given to the party, and a jury impannelled to try the issue joined, or enquire of the damages. The said steward shall also, under the direction of the visiters, see that the houses be kept in repair, and necessary enclosures be made and repaired, the accounts for which, shall, from time to time, be submitted to the Auditors, and on their warrant paid by the Treasurer.

     

    SECT. XVI. EVERY overseer of the hundred schools shall, in the month of September annually, after the most diligent and impartial examination and enquiry, appoint from among the boys who shall have been two years at the least at some one of the schools under his superintendance, and whose parents are too poor to give them farther education, some one of the best and most promising genius and disposition, to proceed to the grammar school of his district; which appointment shall be made in the court-house of the county, on the court day for that month, if fair, and if not, then on the next fair day, excluding Sunday, in the presence of the Aldermen, or two of them at the least, assembled on the bench for that purpose, the said overseer being previously sworn by them to make such appointment, without favor or affection, according to the best of his skill and judgment, and being interrogated by the said Aldermen, either on their own motion, or on suggestions from the parents, guardians, friends, or teachers of the children, competitors for such appointment; which teachers shall attend for the information of the Aldermen. On which interrogatories the said Aldermen, if they be not satisfied with the appointment proposed, shall have right to negative it; whereupon the said visiter may proceed to make a new appointment, and the said Aldermen again to interrogate and negative, and so toties quoties until an appointment be approved.

     

    SECT. XVII. EVERY boy so appointed shall be authorised to proceed to the grammar school of his district, there to be educated and boarded during such time as is hereafter limited; and his quota of the expences of the house together with a compensation to the master or usher for his tuition, at the rate of twenty dollars by the year, shall be paid by the Treasurer quarterly on warrant from the Auditors.

     

    SECT. XVIII. A visitation shall be held, for the purpose of probation, annually at the said grammar school on the last Monday in September, if fair, and if not, then on the next fair day, excluding Sunday, at which one third of the boys sent thither by appointment of the said overseers, and who shall have been there one year only, shall be discontinued as public foundationers, being those who, on the most diligent examination and enquiry, shall be thought to be of the least promising genius and disposition; and of those who shall have been there two years, all shall be discontinued, save one only the best in genius and disposition, who shall be at liberty to continue there four years longer on the public foundation, and shall thence forward be deemed a senior.

     

    SECT. XIX. THE visiters for the districts which, or any part of which, be southward and westward of James river, as known by that name, or by the names of Fluvanna and Jackson’s river, in every other year, to wit, at the probation meetings held in the years, distinguished in the Christian computation by odd numbers, and the visiters for all the other districts at their said meetings to be held in those years, distinguished by even numbers, after diligent examination and enquiry as before directed, shall chuse one among the said seniors, of the best learning and most hopeful genius and disposition, who shall be authorised by them to proceed to William and Mary College, there to be educated, boarded, and clothed, three years; the expence of which annually shall be paid by the Treasurer on warrant from the Auditors.

    The Bill was presented in the House of Delegates in 1778 and 1780, but was not passed; James Madison  presented the bill several more times to the state legislature while Jefferson was serving in Paris as Minister to France. A much-revised version was finally passed into law in 1796 as an “Act to Establish Public Schools.”

     

    ——————————————————————–

    Read more on the history of Public Education

    The Beginnings of Public Education

    in Virginia, 1776-1860

    Source: Jefferson, Thomas, 1743-1826. Public Papers, Electronic Text Center, University of Virginia Library. http://etext.virginia.edu/jefferson/texts/

     


  • SMP Bluff Retention Devices

    Bluff Retention Devices (BRDs)
    Eroding the right to protect private property at the coast
    ——————————————————————
    Moreover, the provision that property owners waive their right to construct BRDs in the future if they wish to remodel or add to existing structures is unconstitutional; it conflicts with Nollan v. California Coastal Commission’s prohibition on unrelated conditions on permits. 
    ————————————————————————-
    I did submit this SMP Public Comment September 13, 2013
    I am resubmitting this SMP Public Comment Nov. 17, 2014
    to the Planning Commission.
    It has not been posted on the Clallam County  SMP website.
    ———————————————————————————

    Eroding the right to protect private property at the coast

    Beach and Bluff Conservancy v. City of Solana Beach

    Contact: Paul J. Beard II

    Status: Complaint filed in the San Diego Superior Court on Apr. 26, 2013.

    Summary: PLF attorneys represent the Beach and Bluff Conservancy, a nonprofit organization of coastal property owners, in their suit against the City of Solana Beach over severe new restrictions on the use of Bluff Retention Devices (BRDs) — such as seawalls — to protect coastal property.

    In March, 2012, the California Coastal Commission certified its own staff’s proposed Land Use Plan, which took Solana Beach’s already heavily modified plan and added 153 more changes — including serious limitations on the use of BRDs. The City adopted the Commission-modified plan in February, 2013.

    The new policies are inconsistent with the Coastal Act, which mandates approval of BRDs “when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion.” Moreover, the provision that property owners waive their right to construct BRDs in the future if they wish to remodel or add to existing structures is unconstitutional; it conflicts with Nollan v. California Coastal Commission’s prohibition on unrelated conditions on permits.

     ———————————————————————————-

    —– Original Message —–

    Sent: Friday, September 13, 2013 10:06 AM
    Subject: Public comment for Planning Commission

    Tami,

    It is my understanding that you are in charge of SMP Update comments for the Clallam County Planning Commissioners.

    Thank you for providing this comment to them in a timely fashion.

    Pearl Rains Hewett

    —————————————————–

    Comment

    Clallam County SMP Update

    Planning Commissioners

    Bluff Retention Devices (BRDs)

    Pearl Rains Hewett

     

    Eroding the right to protect private property at the coast

    Beach and Bluff Conservancy v. City of Solana Beach

    Contact: Paul J. Beard II

    Status: Complaint filed in the San Diego Superior Court on Apr. 26, 2013.

    Summary: PLF attorneys represent the Beach and Bluff Conservancy, a nonprofit organization of coastal property owners, in their suit against the City of Solana Beach over severe new restrictions on the use of Bluff Retention Devices (BRDs) — such as seawalls — to protect coastal property.

    In March, 2012, the California Coastal Commission certified its own staff’s proposed Land Use Plan, which took Solana Beach’s already heavily modified plan and added 153 more changes — including serious limitations on the use of BRDs. The City adopted the Commission-modified plan in February, 2013.

    The new policies are inconsistent with the Coastal Act, which mandates approval of BRDs “when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion.” Moreover, the provision that property owners waive their right to construct BRDs in the future if they wish to remodel or add to existing structures is unconstitutional; it conflicts with Nollan v. California Coastal Commission’s prohibition on unrelated conditions on permits.

     


  • Presumed to be Constitutional?

    Presumed to be Constitutional?

    This is WA State Law RCW 77.12.154

    These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties without liability for trespass.

    ——————————————————————————————-

    The US Government has taken the position that they can do anything that they want, where ever they want whenever they want. Remember the Olympic Peninsula Electronic Warfare Project? And, they got away with it until “We the People” demanded Due Process.

    ——————————————————————————————–

    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

    —————————————————————————————————-

    When I told people about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY” without my permission, without probable cause, without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these incidences.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.

     

     Indeed, They have been doing it and they are going to keep doing it, and keep doing  it until “We the People” demanded Constitutional Due Process.

     

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ——————————————————————————————-

    This is the PRESUMED law of the LAND in WA STATE.
    Goggle it for yourself…
    CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    —————————————————————————————

    THINK ABOUT THIS?

    When They Came In WA. State

    This is  PRESUMED TO BE CONSTITUTIONAL BY THE AG

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

    ———————————————————————————————–

    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE? AND AMERICA?

    —————————————————————————————-

    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry
    — Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    —————————————————————————

    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    ————————————————————————————————————-

    And, When THEY Came  to Clallam County In WA State.

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011 AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…

    In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
    ——————————————————————————

    Sent: Saturday, February 05, 2011 6:38 PM
    Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

    I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

    1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
    When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

    2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

    3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

    4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

    5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals) THE WSDOT WAS INSPECTING THE CULVERTS ON HIGHWAY 101 FOR FISH PASSAGE

    —————————————————————————

    10/20/14 Added for clarification

     RCW 77.12.755

    Ranked inventory of fish passage barriers.

    In coordination with the department of natural resources and lead entity groups, the department

    MUST ESTABLISH A RANKED INVENTORY OF FISH PASSAGE BARRIERS ON LAND OWNED BY SMALL FOREST LANDOWNERS

    based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.

    THE DEPARTMENT SHALL FIRST GATHER AND SYNTHESIZE ALL AVAILABLE EXISTING INFORMATION ABOUT THE LOCATIONS AND IMPACTS OF FISH PASSAGE BARRIERS IN WASHINGTON.

    This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.

    The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.

    ———————————————————————————————–

    My comment UNDER THE INTERAGENCY CONTRACT BETWEEN WSDOT AND WDFW, WDFW WAS CONTRACTED TO REPEAT THESE TRESPASSES EVERY YEAR FOR 10 YEARS.

    —————————————————————————————————–

    NOTHING IN THIS SECTION GRANTS THE DEPARTMENT OR OTHERS ADDITIONAL RIGHT OF ENTRY ONTO PRIVATE PROPERTY.

    [2003 c 311 § 10.]

    Notes:Findings — Effective date — 2003 c 311: See notes following RCW

    Active Interagency Agreements – Washington Department of …

    wdfw.wa.gov/…/contracts/i

    Washington Department of Fish and Wildlife

    Jun 1, 2014 – 14-1109. 2014 WDFW-Quileute MOU Forage Fish … 10-1040.

    Anadromous Fish Agreement & Habitat Conservation Plan …

    Beaver Creek Intake Passage & Screening Construction …..

    Data Sharing Agreement Between DOL & DFW ….. MOA w/WSDOT

    on Hydraulic Projects, Fish Passage, CED Program.  

    ——————————————————————————————

    Continuing, the call on 4/23/10 from Dave Collins WSDOT admitting that,

    yes, they were DFW employees,
    yes, they were doing the mapping under contract to the DOT,
    yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
    yes, they had put a biodegradable white tape in our stream,
    yes, they had taken water samples
    (the Rains Sr. Trust owns the water rights on that stream)

    When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?
    Why DFW was not required to notify and get permission like Skagit County?

    His response was, “Well we can’t just contact/notify every little land owner”.

    I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

    During that phone conversation, I asked him if, when and where other mappings of Rains Sr. Trust shorelines, rivers, creeks and streams had been done.
    I asked him specifically about, the Dungeness River, Seiberts Creek, Bagley Creek and the Indian Valley Stream. His answer was, yes they had all been mapped by the DFW.

    During our phone conversation on 4/23/10 I requested copies of the results for the unnamed stream a tributary of Lake Sutherland that DFW trespassed on and the unnamed stream a tributary of Indian Creek (the Rains Sr. Trust owns water rights on that stream)

    Dave Collins WSDOT said he would send me copies of the reports when they had the results.

    6. A copy of my email to Penny Warren DWF on 2/02/11 and her response.
    WHY AFTER NEARLY A YEAR I HAD NOT RECEIVED THE REPORTS FROM DAVE COLLINS?

    7. A copy of Penny Warren’s email’s dated 2/03/11
    Indicating that Dave Collins WSDOT, had the reports for Lake Sutherland and Indian Valley and would send them to me on 2/03/11.

    8. I received the DWF 1 1/2 inch report on 02/05/11. The report covers all tributaries to the Elwha River starting at Lake Sutherland.
    On Monday or Tuesday I will get an overlay transparency for the 2 self-incriminating maps provided by Dave Collins WSDOT to show how many criminal trespasses occurred by DFW and DOT on Rains Sr. and Stratton Trust land in 2010.

    I forgot to mention streams or water on the Bolster and Longfellow’s property, but fortunately for me, both properties are on the DFW maps.

    The Stratton Trust owns 1/2 of Bolster, 1/4 of Indian Valley and 1/4 of Longfellow property. and should be involved in the criminal complaint, filing of charges and putting pressure on Clallam County Commissioners and Prosecuting Attorney Deb Kelly to enforce State law.

    ———————————————————————————————–

    The age of innocence…. In the beginning…

    APRIL 21, 2010    The  American Citizens were fearful of the trespassers, and they raised the alarm.

    Phone calls were made…  Blame was placed on the adjacent land owner. “What are you doing?”

    “Why are you throwing things in my only source of drinking water?”

    My response, “Those  trespasser  are trespassing on our private property. I don’t have a clue who they are.”

    When the trespasser were questioned they said they were from the state.

    I called a state employee,  and asked “Who are these state employees that are trespassing  on our private property?”

    She did not know. She called me back two hours later, and identified the trespassers. Indeed they were state employees, knowingly trespassing on private property, without the owner’s permission, without probable cause and without a search warrant.

    On  APRIL 21, 2010   my investigation and documentation started…

    TO BE CONTINUED…

    Oct. 21, 2014 Pay Attention to Thomas Jefferson

     “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ———————————————————————–

     Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.

     

    “Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.”