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  • Category Archives The Law of WHO’S LAND?
  • New Zealand’s Logging History

    New Zealand’s  History of Logging

    2. Impacts and effectiveness of logging bans in natural …

    HMMM… THIS REVIEW COVERS THE EVOLUTION OF THE COUNTRY’S LOGGING BAN SINCE THE EARLY 1970S, when the Government decided to phase out the last logging operations on State-owned natural forests in the WEST COAST REGION. the role of Government in forestry and the future use of natural forests during the last three decades. THE EVENTS THAT PLAYED MAJOR ROLES IN THE WAY LOGGING RESTRICTIONS HAVE BEEN IMPLEMENTED.

    AFTER FORESTS WITHIN CATCHMENT PROTECTION AREAS, NATIONAL PARKS, AND OTHER KEY RESERVE AREAS ARE REMOVED FROM THE AVAILABLE HARVEST AREA, AN ESTIMATED 930 000 HA OF LOGGED AND UNLOGGED FORESTS ON STATE LANDS REMAIN DIRECTLY AFFECTED BY THE LOGGING BAN.

    snippet Social implications

    The impacts on employment and income generation from logging restrictions have been felt most in the smaller milling-dependant communities. The pre-1987 restrictions especially affected people living in communities in the central North Island, South Island West Coast, and Southland, which served older mills cutting natural timber. Some smaller isolated towns, notably those serving larger mills, lost substantial populations or closed completely. Some regional communities also supported farming and other activities, or alternative employment was available in the planted forest operations.

    DOES THIS SOUND VAGUELY FAMILIAR? OR ALL TO FAMILIAR?

     OH, YES, BUT, THAT’S  NOT ABOUT THE U.S. GOVERNMENT

     THAT’S ABOUT NEW ZEALAND

    Indeed, there is a difference.

    NEW ZEALAND DIDN’T HAVE THE ENDANGERED SPOTTED OWL

    AND NEW ZEALAND BANNED THE EXPORT OF TIMBER.

    Of course, in the United States of America, IT’S JUST THE HANDWRITING ON THE WALL

    IN NEW ZEALAND IT IS THE FEDERAL STATE LAW.

    PLEASE TAKE THE TIME TO READ THE

    2. Impacts and effectiveness of logging bans in natural …

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    If the U.S. congress is first allowed to legislate “WILD” and “VOTE”  to make all public trust and National Park land “WILD FIRST “?  Shall THE U.S. FEDERAL  GOVERNMENT, by due process, automatically  remove the legal entitlement of income we the people have from The Enabling Act?

      Behind My Back | The ENABLING ACT February 22, 1889

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

    Mar 9, 2014 – Way back then, the Federal Government and the elected representative gave to and enabled American citizens, they made donations of public …

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    NEW ZEALAND’S  HISTORY OF LOGGING

    https://www.google.com/?gws_rd=ssl#q=2.nEW+ZELAND+Impacts+and+effectiveness+of+logging+bans+in+natural+…

    2. Impacts and effectiveness of logging bans in natural …

    www.fao.org/docrep/…/x6967e05.ht…

    Food and Agriculture Organization

    New Zealand’s natural forests have been the subject of protracted public and … which eventually became the main source of timber in New Zealand. Another was the reorganization of the Government natural resources … However, much of the natural forests in all ownerships cover steep land and other protection areas. New Zealand’s renewable plantation forests.

    http://www.fao.org/docrep/003/x6967e/x6967e05.htm

    2. IMPACTS AND EFFECTIVENESS OF LOGGING BANS IN NATURAL FORESTS: NEW ZEALAND

     ALAN REID

    INTRODUCTION

    New Zealand’s natural forests have been the subject of protracted public and political debate regarding the role of Government in forestry and the future use of natural forests during the last three decades. THIS REVIEW COVERS THE EVOLUTION OF THE COUNTRY’S LOGGING BAN SINCE THE EARLY 1970S, when public interest and disquiet over natural forest management became prominent, through late 1999 when the Government decided to phase out the last logging operations on State-owned natural forests in the West Coast region.

    Some events played major roles in the way logging restrictions have been implemented. One was the development of planted forests of introduced species, which eventually became the main source of timber in New Zealand. Another was the reorganization of the Government natural resources administration in the mid-1980s, which resulted in the separation of commercial planted forests and natural forests.

    Prior to these events, large areas of natural forests covering New Zealand’s rugged and erosion-prone terrain were also set aside for water and soil protection. Such reservation became a feature of forest management when the first Government policy on natural forest management and timber sales was formulated.

    The exclusion of timber harvests from other natural forests, as a matter of national policy for conservation reasons, is a relatively recent development in New Zealand. Logging restrictions followed growing public interest in natural forest management in the 1970s, and subsequent political changes affecting forestry administration. The Government reorganized the natural forest administration in 1987. Maturing planted forests provide alternative raw material in many parts of the country, cushioning the effect of these changes in the forest industry.

    After 1987, new policies and legislation focused on private forests. Timber harvests have not been banned in these forests. Commercial timber harvests are, however, restricted by export, sawmilling, and sustainable forest management constraints.

    NATURAL FOREST AREAS AFFECTED BY LOGGING BANS

    Logging restrictions eventually will apply to about 5.1 million ha of New Zealand’s State-owned natural forests. An additional 142 000 ha of State-owned natural forests and about 1.3 million ha of private forests are subject to restrictions that limit commercial timber harvest according to sustainable forest management guidelines. However, much of the natural forests in all ownerships cover steep land and other protection areas. AFTER FORESTS WITHIN CATCHMENT PROTECTION AREAS, NATIONAL PARKS, AND OTHER KEY RESERVE AREAS ARE REMOVED FROM THE AVAILABLE HARVEST AREA, AN ESTIMATED 930 000 HA OF LOGGED AND UNLOGGED FORESTS ON STATE LANDS REMAIN DIRECTLY AFFECTED BY THE LOGGING BAN. Similarly, about 670 000 ha of private forests are potentially available for commercial management, although only about 124 000 ha of this area are currently of commercial interest.

    snippet, Social implications

    The impacts on employment and income generation from logging restrictions have been felt most in the smaller milling-dependant communities. The pre-1987 restrictions especially affected people living in communities in the central North Island, South Island West Coast, and Southland, which served older mills cutting natural timber. Some smaller isolated towns, notably those serving larger mills, lost substantial populations or closed completely. Some regional communities also supported farming and other activities, or alternative employment was available in the planted forest operations.

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    The Outrage of WA DNR Logging? I posted it on my website.

    As usual, one thing led to another, connecting the dots.

    THE IGNORANCE OF THE UNIFORMED PUBLIC ON LOGGING AND HARVESTING? Federal Public Trust Land, WA State Public Trust Land  and  the entire private forest land industry has a very serious impact on the economy of the of Washington State.

    As usual, one thing led to another, dot to dot.

    (instant visual identification of a tree farm, for the tourists)

     PHOTOS OF TREE FARMS IN NEW ZEALAND

    George C. Rains Sr. my Dad, as a private property owner of 3000 acres of timberland in Clallam County WA.  made a trip to New Zealand.  I have his photo album of that New Zealand trip. He took pictures of tree farms. They were beautiful, they looked exactly like a farm, the trees were lined up like corn rows, evenly spaced,  no under growth, and easily identifiable from a distance as a  renewable tree farm.

     RESEARCHING THE  FOLLOWING WAS WHY GEORGE C. RAINS SR.  FLEW TO NEW ZEALAND

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    WHAT CAN AMERICAN CITIZENS  LEARN FROM  NEW ZEALAND’S LOGGING  HISTORY?

    LOOKING BACK AND MOVING FORWARD?

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    NEW ZEALAND’S RENEWABLE PLANTATION FORESTS.

    Jenkin’s range of timber products are made from radiata pine grown in NEW ZEALAND’S RENEWABLE PLANTATION FORESTS.

    http://jenkin.co.nz/why-wood

    Why Wood | Jenkin Timber Ltd

    jenkin.co.nz/why-wood

    Wood is also a most renewable and sustainable building material. The cycle of planting and … For further information on finger-jointing visit www.nzwood.co.nz.

    Wood has long been a popular choice for building. It is an attractive natural product that offers design flexibility, durability, and thermal, acoustic, and fire performance. Wood is also a most renewable and sustainable building material. The cycle of planting and harvesting of plantation forests results in the removal and storage of carbon dioxide from the atmosphere. This helps make timber an environmentally friendly choice for anyone concerned about their carbon footprint.

    Jenkin’s range of timber products are made from radiata pine grown in New Zealand’s renewable plantation forests.

    AS A RESULT OF DECADES OF INVESTMENT IN FORESTRY RESEARCH, New Zealand’s radiata pine forests produce timber of uniform density and colour. This timber is finger-jointed which improves on the original physical and structural characteristics of radiata pine by over 400%.

    Jenkin exclusively uses timber produced in New Zealand’s radiata pine plantation forests. The timber from these forests meets the standards set by the international Forest Stewardship Council® (FSC) for environmentally responsible, socially beneficial, and economically viable forest management. This means Jenkin can supply product that carries the prized FSC® certification.

    When you choose a New Zealand manufactured pine product made from timber sourced from one of our sustainably managed forests you are making a responsible choice.

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    New Zealand

    www.fao.org/…/003/…/Y1720E19.H…

    Food and Agriculture Organization

    (Note: New Zealand’s domestic market for forest products is estimated at … Annual new plantation development in 2000 was 37 440 ha plus around 30 000 ha …. Many New Zealand exporters use the themes of environmental friendly, renewable … Employment statistics: The New Zealand forest industry employs around 25 …

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    r6Killerby.doc – unece

    www.unece.org/…/tim

    United Nations Economic Commission for Europe

    The New Zealand timber industry has responded with User Guides and Design … The country currently has 1.8 million hectares of commercial plantation forest, with … New Zealand producers tend to often emphasise the versatile, reliable, renewable ….. OWNERS ASSOCIATION 2002a: Forestry Facts and Figures 2002/03.

     


  • Living in Law-Law Land?

    Living in Law- Law Land?

    LIVING IN WA STATE LAW-LAW,  LA-LA LAND?

    Definition of LA-LA LAND from the Merriam-Webster Online Dictionary, a euphoric dreamlike mental state DETACHED FROM THE HARSHER REALITIES OF LIFE.

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    WHO’S? LEGISLATING IN WA STATE  LAW- LAW, LA-LA  LAND?

    WOW, 107 LEGISLATORS /LAWMAKERS HAVE INTRODUCED 2,200 LAWMAKING MEASURES?

    The Washington State Legislature is a bicameral body with 49 members in the Senate and 98 members in the House of Representatives.

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    From: WashingtonVotes.org News <wavotes@wavotes.org>
    Date: Fri, Feb 13, 2015 at 3:32 PM

    On this 33rd day of this year’s 105-day legislative session, lawmakers have introduced more than 2,200 measures

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    WHO’S VOTING on more than 2,200 measures  IN LAW- LAW, LA-LA LAND?

    our  147 WA State elected representative (aka our 147 public servants)

    How many of the 147 legislators are  detached from the harsher realities of life, and legislating in a euphoric dreamlike mental state?

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    These 147 legislators took an oath of office, to UPHOLD THE CONSTITUTION,

     NOT TO “HOLD US UP”  

    by legislating and dumping more taxes and 2200 more lawmaking measures  on the already beleaguered WA STATE AMERICAN TAXPAYING CITIZENS.

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    How Stupid do these WA STATE  LAW- LAW, LA-LA  legislators  think we are?

    Do they think, American Citizens ARE SO Stupid, WE LACK COMPREHENSION  AND WE ARE TOO DUMB TO FIGURE OUT WHAT’S GOING ON?

    Behind My Back | By Hook or By Crook

    www.behindmyback.org/2013/10/16/by-hook-or-by-crook/

    Oct 16, 2013 – Suggestion number one is that ‘by hook or by crook‘ derives from the custom in mediaeval England of ALLOWING PEASANTS TO TAKE FROM …

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    Behind My Back | Fee Fie Foe Fum

    www.behindmyback.org/2013/10/26/feefiefoe-fum/

    Oct 26, 2013 – FEE, FEE? FIE, FIE? FOE, FOE? FUM? (By archaic definition and word origin) EVEN IN ARCHAIC … http://en.wikipedia.org/wiki/Feefiefoe-fum.

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    ONE EXAMPLE (from an email)

    To a WA State Representative,

    You went on air and essentially referred to taxpayers of this state as children who need you to make decisions for them; that even when those decisions were unpopular, they were still the right decision.

    Your ill-spoken comments are offensive.  How dare you insinuate that you know better than the hard-working people of this state, what they need.  How dare you insinuate these people are children who need your guidance on what is best.  How insulting, how offensive, how demeaning.  You are obviously on a power trip that serves not one taxpayer of this state well.

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    How Stupid do these WA STATE  LAW- LAW, LA-LA  legislators  think we are?

    Do they think, American Citizens ARE SO Stupid, WE LACK COMPREHENSION  AND WE ARE TOO DUMB TO FIGURE OUT WHAT’S GOING ON?

    How Stupid ARE THESE WA STATE  LAW- LAW, LA-LA  legislators?  

    Full Definition of STUPID

    from the Merriam-Webster Online Dictionary

    slow of mind

    given to unintelligent decisions or acts

    acting in an unintelligent or careless manner

    lacking intelligence or reason

    dulled in feeling or sensation

    marked by or resulting from unreasoned thinking or acting

    lacking interest or point

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    How uninformed are the voters that voted for them, and elected them?

    HOW STUPID ARE THE WA STATE VOTERS THAT ELECTED THEM?

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    A full Synonym Discussion of STUPID

    http://www.merriam-webster.com/dictionary/stupid

    stupid, dull, dense, crass, dumb, mean lacking in power to absorb ideas or impressions stupid implies a slow-witted or dazed state of mind that may be either congenital or temporary <stupid students just keeping the seats warm> <stupid with drink>.dull, suggests a slow or sluggish mind such as results from disease, depression, or shock <monotonous work that leaves the mind dull>. dense implies a thickheaded imperviousness to ideas <too dense to take a hint>. crass suggests a grossness of mind precluding discrimination or delicacy <a crass, materialistic people>. dumb, applies to an exasperating obtuseness or LACK OF COMPREHENSION <TOO DUMB TO FIGURE OUT WHAT’S GOING ON>.

     


  • 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

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    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

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    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.

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    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

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    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:

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    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 …

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    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 …

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    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 a Good Idea? 1971-2014?

    The SMP was a good Idea at the time? 1971-2014?
    This is my public comment on the
    Clallam County SMP Update
    I resubmit this with additional comment on Nov.17, 2014
    To the Clallam County Planning Commission
    Pearl Rains Hewett
    ——————————————-
    Indeed, and In 2014 this 1971 Rod Mack: ENVIRONMENTAL PERSPECTIVE (still holds true) is one of many perspectives,
    my observation is that in areas
    where ECONOMICS is a prime consideration—
    in the smaller, less affluent communities—
    there is a higher priority for jobs and tax base
    than there is priority for environmental concerns.
    Rod Mack: My charge, when I joined ECOLOGY IN 1971, was developing the regulations related to the permit system of the Shoreline Management Act (SMA) as well as the guidelines. Those GUIDELINES were basically instructions FOR LOCAL GOVERNMENTS’ preparation of their Master Programs as well as standards or criteria for evaluating developments that took place on the shorelines, AGAIN, BY LOCAL GOVERNMENT.
    —————————————————
    Clallam County Tax Base?
    It was about 17.1% or less. Now? around 11%?
    This can not be ignored forever.
    —————————————————-

    Behind My Back | Ad Valorem Tax Dilemma?

    www.behindmyback.org/2013/10/06/advaloremtax-dilemma/

    Oct 6, 2013 – IN CLALLAM COUNTY, INDEED AD VALOREM TAX IS a situation in which PAM RUSHTON, … AN AD VALOREM TAX (Latin for “according to value”) IS A TAX BASED ON THE … http://en.wikipedia.org/wiki/Ad_valorem_tax.

    ———————————————————–

    SMP and Water 1970-2013

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Based on this 1971 premise

    1971 Rod Mack: ENVIRONMENTAL PERSPECTIVE is one of many perspectives,
    my observation is that in areas where ECONOMICS is a prime
    consideration—in the smaller, less affluent
    communities—there is a higher priority for jobs and tax
    base
    than there is priority for environmental concerns

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Based on this 1971 premise

    Rod Mack: My charge, when I joined ECOLOGY IN 1971, was developing the regulations related to the permit system of the Shoreline Management Act (SMA) as well as the guidelines. Those GUIDELINES were basically instructions FOR LOCAL GOVERNMENTS’ preparation of their Master Programs as well as standards or criteria for evaluating developments that took place on the shorelines, AGAIN, BY LOCAL GOVERNMENT.

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Both by premise and legislative intent

    IN 1971….

    In 1972 the SHORELINE MANAGEMENT ACT PASSED

    The FEDERAL road to WA State ECOLOGY’S SMP and WATER HELL was PAVED with good intentions.

    AND? HOW MUCH TAXPAYERS FEDERAL MONEY?

    When the Federal Coastal Zone Management Act came along, it said, if a state wants to do a program, here’s some MONEY to do it; then, once it’s done, here’s some MORE MONEY to manage it.

    There’s a definite tie. The Federal Coastal Zone Management Act came about in ’72 at virtually the same time our Shoreline Management Act was finally approved.

    We were watching it very closely, because the federal law provides SUBSTANTIAL FUNDING to states that develop management programs. Here, we had the Shoreline Management Act.

    MORE FEDERAL MONEY AND MORE FEDERAL MONEY AND MORE FEDERAL  MONEY
    ————————————————————–
    BAIT AND SWITCHED TO FEDERAL CONTROL

    When? and how did we lose our right to local government?
    When? and how were the appointed given state RULE by WAC?
    When? and how were federally appointed agencies given ultimate power?

    WHEN INDEED..
    THE EXPLOSION OF FEDERAL LEGISLATION ENACTED
    BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT

    ———————————————————
    HISTORY Shoreline Act 40, 263 From 1971-2005
    Washington State Department of Ecology
    Ecology Publication #05-01-006
    A 570 page report the first 35 years, 1970 – 2005
    ———————————————————-
    UPDATE 2013 STATE? SHORELINE MANAGEMENT ACT?
    HAS BECOME FEDERALLY ENACTED
    SHORELINE MANAGEMENT BY APPOINTED FEDERAL AGENCIES.
    ———————————————————–
    Shoreline Act 40, 263 From 1971-2005

    1971 The ENVIRONMENTALISTS proposed the state’s jurisdiction would include 500 feet back from the water’s edge, providing for a strip of land, 500 feet wide, that would be the jurisdiction of their bill.

    1971 They, the ENVIRONMENTALISTS also placed primary, almost exclusive, planning and REGULATORY AUTHORITY WITH THE DEPARTMENT OF ECOLOGY, instead of LOCAL GOVERNMENT
    Resulting in a very STRONG ROLE by the STATE and a much lesser role by LOCAL GOVERNMENT.

    That initiative got enough signatures to go on to the ballot at the next general election. Seeing that, THE LEGISLATURE THEN DECIDED, as is allowed and provided for under the state’s constitution, to enact their version to put on the ballot, which was the 1972 SHORELINE MANAGEMENT ACT, which ultimately passed. The basic difference between the initiative and the act was that the act named a strip 200 feet from the water’s edge as the area of jurisdiction, and then set up the joint state/local approach.
    ——————————————-
    2013 WA STATE SHORELINE MANAGEMENT ACT? AND WATER?

    A much lesser role of STATE AND LOCAL government?

    FEDERAL APPOINTED AGENCIES EDICTS MANDATING TO THE WA STATE DEPARTMENT OF ECOLOGY

    WA STATE DEPARTMENT OF ECOLOGY’S WAC’S, EDITICS, RULING, REGULATING AND ENFORCING OF LOCAL COUNTY AND CITY GOVERNMENT

    ENACTED BY CONGRESS CONTROLLED AND MANDATED BY FEDERAL APPOINTED AGENCIES AND ENVIRONMENTALISTS placed exclusive, planning and regulatory authority with federal appointed government agencies EPA ETC….

    RESULTING IN A VERY STRONG ROLE BY THE ACTS OF CONGRESS and AMENDMENTS TO THOSE ACTS and DELIGATING ALL POWER TO APPOINTED FEDERAL AGENCIES AND ENVIRONMENTALISTS.

    IF WILD OLYMPICS WAS FEDERALLY ENACTED jurisdiction would include 500 feet (or more) back from the water’s edge, providing for a strip of land, 500 feet (or more) wide, that would be the FEDERAL jurisdiction of that ACT.

    ————————————————————-

    Chapter Seven – Saving the Shorelines 2005
    The Plan to Protect the Coastlines
    An interview with Rodney Mack
    February 2, 2005
    Position held at time of interview:
    Retired, formerly Program Manager for the Shorelands and
    Environmental Assistance Program,
    Washington State Department of Ecology, 1983-1994

    From an environmental standpoint, given the two versions of the shorelines legislation, the environmentalist version talked about a jurisdictional area. In other words, what areas, what pieces of geography, the act applied to.

    Our Shoreline Management Act was probably, with maybe the exception of California, the strongest law of its kind in the country at the time. This was right at the beginning of the ENVIRONMENTAL MOVEMENT, and what we were doing was groundbreaking. It wasn’t a case where we could pick up the phone and call some other state and say, hey, what did you guys
    do in dealing with this? Other states were calling us.

    When the Federal Coastal Zone Management Act came along, it said, if a state wants to do a program, here’s some MONEY to do it; then, once it’s done, here’s some more MONEY to manage it.

    There’s a definite tie. The Federal Coastal Zone Management Act came about in ’72 at virtually the same time our Shoreline Management Act was finally approved.

    We were watching it very closely, because the federal law provides SUBSTANTIAL FUNDING to states that develop management programs. Here, we had the Shoreline Management Act.

    ———————————————————–
    History is GOOD
    EXACTLY WHAT WAS WA STATE PLANNING IN 2005?

    shoreline development 259, 262, 264

    WA STATE WATER

    There’s an old saying, “In the Eastern United States, we take water for granted. In the WEST, we take water from each other.

    My comment WHISKEY IS FOR DRINKING; WATER IS FOR FIGHTING OVER
    ————————————————————-
    Chapter 4, Troubled Waters: Rivers, Streams, and Salmon Recovery
    ……….117
    Habitat, Hydropower, Hatcheries and Harvest, Dick Wallace
    ………….117
    Protecting In-stream Flows, Ken Slattery
    ………………………..129
    The Problem of Pollutants in the Watershed, Dave Peeler
    ……………139
    Devising a Plan for the Dungeness and Elwha Rivers, Cynthia Nelson
    …..149

    Chapter 5, Shifting Standards:
    Treating Wastewater Discharges to Puget Sound
    ………………………165

    Chapter 7, Saving the Shorelines
    ………………………………….259
    A Plan to Protect the Coastlines, Rod Mack
    ………………………259
    Chapter 8, Dividing the Waters: Determining Yakima River Water Rights
    …..295

    Chapter 9, Environment 2010
    RANKING AIR AT THE TOP, Stu Clark
    ……………………………..344
    AT THE TABLE FOR EPA, Randy Smith
    …………………………….390
    History is GOOD
    EXACTLY WHAT WAS WA STATE PLANNING IN 2005?
    WA STATE ON WATER
    ————————————-
    Water Code of 1917 298
    water pollution 9, 41-42, 117
    Water Pollution Control Commission 6, 8-9, 11, 25,
    27, 92, 166, 180, 464
    Water Pollution Hearings Board 25
    Water Quality 11, 16, 18, 58, 60, 80, 113, 118, 122, 139,
    141, 160
    Water Quality Investigation Section 508
    Water Quality Program 11, 18, 80, 118, 139, 165-166,
    451, 494, 503, 508
    WATER RESOURCES ACT OF 1971 18, 131, 317
    Water Resources Program 18, 92, 118, 126, 129, 134,
    149, 295, 303, 305, 309, 318
    WATER RIGHT CLAIMS REGISTRATION ACT 310
    water rights 9, 14, 122, 124, 129-130, 132, 137, 143,
    146, 149-150, 152-153, 155-157, 160, 163, 186,
    295-304, 306-311, 313-314, 317-326
    Water rights 296
    Water Rights Claims Registration Act 300
    WATER STRATEGY 124
    water-dependent industrial uses 285
    Watershed Management Act 143, 145, 147
    Watershed planning 121, 159
    Watershed Planning 117, 122, 131-133, 144, 149,
    158-159
    Watershed Planning Act 122, 131-133, 144, 149,
    158-159
    watershed planning units 132, 14
    ———————————————————–
    2005 WA STATE DEPT OF ECOLOGY AND CONGRESS
    —————————————————————-
    CONGRESS 2, 6, 70, 125, 130, 133, 186-187, 193,
    356-359, 372-373, 376, 378-379, 382, 387-388,
    391-392, 400, 462, 505, 524
    ————————————————————
    2013 WA STATE DEPT OF ECOLOGY AND CONGRESS

    CONGRESS PASSED THE ESA AS PART OF THE EXPLOSION OF FEDERAL LEGISLATION ENACTED BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT.

    1966 CONGRESS ENACTS FEDERAL Endangered Species Act
    Congress passed the ESA as part of the explosion of federal … – Gale
    www.gale.cengage.com/pdf/samples/sp657497.pdf‎
    by ES ACT – ‎Related articles

    Congress passed the Endangered Species Preservation Act in 1966, … Congress enacted significant MORE amendments in 1978, AND MORE 1982, and MORE 1988,

    1969 The National Environmental Policy Act of | Department of Energy
    energy.gov/nepa/downloads/national-environmental-policy-act-1969‎

    Full text of the National Environmental Policy Act (NEPA) of 1969, as amended, available as a download. NEPA established a national policy for the environment …
    ————————————————-
    1972 Coastal Zone Management Act – Office of Ocean and Coastal …
    coastalmanagement.noaa.gov/czm/czm_act.html‎
    Congressional Action to Help Manage Our Nation’s Coasts … growth in the coastal zone by passing the Coastal Zone Management Act (CZMA) in 1972. The Act …
    ————————————————
    1972 CONGRESS ENACTS FEDERAL Clean water act
    CWA | Civil Enforcement | Compliance and Enforcement | U.S. EPA
    www.epa.gov/Compliance/civil/cwa/index.html‎
    —————————————————
    Congress passed the ESA as part of
    THE EXPLOSION OF FEDERAL LEGISLATION ENACTED
    BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT.

     

  • 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.

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    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.”

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     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.”